HomeMy WebLinkAboutR-2024-098 Resolution authorizing an agreement with Interwest Construction Inc. for McClaren Street Vicinity Wastewater Improvements Project SC2783 RESOLUTION NO. R-2024-098
A RESOLUTION authorizing an agreement with Interwest Construction, Inc. for the
McClaren Street Vicinity Wastewater Improvements Project SC2783.
WHEREAS, the City of Yakima (City) maintains the Wastewater Collections System in
accordance with applicable Federal, State and Local regulations; and
WHEREAS, the City's Wastewater Division has identified pipeline segments that require
rehabilitation or replacement; and
WHEREAS, this and future projects will stabilize current conditions of the City's
wastewater pipe system and reduce infiltration of groundwater which will save treatment costs,
improve collection system reliability, and limit the need for upgrades to the Wastewater Treatment
Plant; and
WHEREAS, by Resolution R-2023-139, the City entered into an Agreement with HLA
Engineering and Surveying (HLA) to prepare the plans and contract documents for the
rehabilitation and replacement of City sanitary sewer main lines in various locations within the
City, and
WHEREAS, the City's Wastewater Division requires construction services for the
replacement of approximately 5,000 linear feet of collections system pipes and 14 sewer
manholes in the vicinity of McClaren Street; and
WHEREAS, The City used the procedure established by the State of Washington for
competitively bidding projects; and
WHEREAS, Interwest Construction, Inc. submitted the low bid and has the ability to
perform the contact specified work; and
WHEREAS, the City Council finds that it is in the best interest of the City of Yakima and
its residents to enter into a Contract with Interwest Construction, Inc. to perform the work detailed
in the contract documents; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute the attached Contract with Interwest
Construction, Inc., in the amount of TWO MILLION ONE HUNDRED FORTY-FOUR THOUSAND
EIGHT HUNDRED SIXTY-NINE DOLLARS AND FIFTY-NINE CENTS ($2,144,869.59), for the
replacement of approximately 5,000 linear feet of City sanitary sewer main lines and 14 sewer
manholes in the vicinity of McClaren Street.
ADOPTED BY THE CITY COUNCIL this 21st day of May, 2024.
ATTEST: „ n Patricia -Byers; Mayor
SEAL
osalinda Ibarra, City Clerk • -isNiN5-‘0�
CONTRACT
THIS AGREEMENT, made and entered into in triplicate, this day of Mai , 2024, by and
between the City of Yakima, hereinafter called the Owner,
and Interwest Construction, Inc. , a Washington Corporation, hereinafter called the
Contractor.
WITNESSETH:
That in consideration of the terms and conditions contained herein and attached and made a part of this
agreement, the parties hereto covenant and agree as follows:
I. The Contractor shall do all work and furnish all tools, materials, labor and equipment for THE BID
AMOUNT OF:$ 2,144,869.59 , for Maclaren Street Vicinity Wastewater Improvements, City of
Yakima Project No. SC2783, all in accordance with, and as described in the attached specifications and
the 2024 Standard Specifications for Road, Bridge, and Municipal Construction which are by this
reference incorporated herein and made a part hereof, and shall perform any alterations in or additions to
the work provided under this contract and every part thereof.
Contract time shall begin on the first working day following the Notice to Proceed Date and shall be
completed in one nundred ten (110)working days. If work has not commenced within the ten (10) days
after the notice to proceed, the first chargeable working day shall be the eleventh (11th)working day after
the date on which the City issues the Notice to Proceed.
If said work is not completed within the time specified, the Contractor agrees to pay to the Owner the sum
specified in the Standard Specifications for each and every day said work remains uncompleted after
expiration of the specified time, as liquidated damages.
The Contractors shall provide and bear the expense of all equipment; work and labor of any sort
whatsoever that may be required for the transfer of materials and for constructing and completing the
work provided for in this contract and every part thereof, except such as are mentioned in the
specifications to be furnished by the City of Yakima.
II. The City of Yakima hereby promises and agrees with the Contractor to employ, and does employ the
Contractor to provide the materials and to do and cause to be done the above described work and to
complete and finish the same according to the attached plans and specifications and the terms and
conditions herein contained and hereby contracts to pay for the same according to the attached
specifications and the schedule of unit or itemlzea prices hereto attached, at the time and in the manner
and upon the conditions provided for in this contract.
III. INDEMNIFICATION. The Contractor shall release; indemnify, defend, and hold harmless the City, its
elected and appointed officials, officers, employees, agents, representatives, insurers, attorneys, and
volunteers from all liabilities, losses, damages, and expenses related to all claims, suits, arbitration
actions, investigations, and regulatory or other governmental proceedings arising from or in connection
with this Agreement or the acts, failures to act, errors or omissions of the Contractor, or any Contractor's
agent or subcontractor, in performance of this Agreement, except for claims caused by the City's sole
negligence.
a. Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor
waives any immunity that may be granted to it under the Washington State industrial insurance act,
Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be
limited in any way by any limitation on the amount of damages, compensation or benefits payable to or
by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or
programs. Contractor shall require that its subcontractors, and anyone directly or indirectly employed or
hired by Contractor, and anyone for whose acts Contractor may be liable in connection with its
performance of this Agreement, comply with the terms of this paragraph, waive any immunity granted
under Title 51 RCW, and assume all potential liability for actions brought by their respective employees.
The Parties acknowledge that they have mutually negotiated this waiver.
\\FS02\General\PROJECTS\2023\23116E\11.Specs\23116 Spec docx 4-2
b. Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Contractor and the City, the
Contractor's liability, including the duty and cost to defend, shall be only to the extent of the Contractor's
negligence.
c. Nothing contained in this Section or this Contract shall be construed to create a liability or a right
of indemnification in any third party.
d. The terms of this Section shall survive any expiration or termination of this Contract.
IV. The Contractor for himself, and for his heirs executors, administrators, successors, and assigns,
does hereby agree to the full performance of all the covenants herein contained upon the part of the
Contractor.
V. It is further provided that no liability shall attach to the City of Yakima by reason of entering into this
contract, except as expressly provided herein.
IN WITNESS WHEREOF the parties nereto have caused this agreement to be executed the day and year
first herein above written.
O 00 Countersigned: CITY OF YAKIMA CONTRACTOR
01
this_A day of_ni 2024.
0 Interwest Construction, Inc. , a Corporation
N Construction Company
0
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/(it---- 09,,a-
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0 _ By:
0 = City Man nature Contractor Signature
W
0DcLuc, 7 , \ Eben Twaddle
(Printed Name) (Printed Name)
r Y kki44 N
,Oil
Attest: s A' �'st
; • SEAL I
i President
City Clerk '1. .�,,, , / (President, Owner, etc.)
Address: 609 North Hill Blvd.
Burlington, WA 98233
\\FS02\General\PROJECTS\2023\23116E\11 Specs\23116 Spec.docx 4-3
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.J.
For Meeting of: May 21, 2024
ITEM TITLE: Resolution authorizing an agreement with Interwest Construction
Inc. for McClaren Street Vicinity Wastewater Improvements Project
SC2783
SUBMITTED BY: Scott Schafer, Director of Public Works
* Mike Price, Wastewater/Stormwater Manager
SUMMARY EXPLANATION:
City of Yakima (City) Project SC2783 entails replacement of approximately 5,000 linear feet of
concrete sewer pipe and 14 manholes at the four locations indicated on the attached Project
Location Map. The project includes the restoration of streets, sidewalks, and other utility
connections impacted by project construction.
The City previously entered into an agreement with HLA Engineering and Land Surveying, Inc.
under Resolution R-2023-107 to provide engineering design, bidding, and construction services
for the improvements. The City utilized the procedure established by the State of Washington for
competitively bidding projects. Three contractors submitted bids, with I nterwest Construction,
Inc. submitting the lowest bid of$2,144,869.
The agreement in an amount not to exceed $2,144,869 is attached for City Council review. The
project is funded by Wastewater Capital Fund 476.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Trust and Accountability
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution.
ATTACHMENTS:
Description Upload Date Type
D Resolution Intern st Resolution
2
d Agreement 5/9/2024 Contract
d Project Location Map 5/7/2024 Backup Material
City of Yakima
Change Order
01
Change Order Number
Maclaren Street VicinityWastewater Improvements Change Order Date 3/10/2025
Project: (Name) p 9
(Number) SC2783 Contract Number 23116
To: (Contractor) Contract Date 05-22-2024
Interwest Construction, Inc.
609 North Hill Blvd.
Burlington, WA 98233
J
You are directed to make the following changes in this Contract:
CHANGE ORDER NO. 1
Add Item #35 - Emergency Sewer Repairs (711 S. 19th Ave)
Add Item #36 - Emergency Sewer Repairs (810 S. 19th Ave)
Add Item #37 - Emergency Repairs due to Water Main Break
Add Item #38 - Emergency Sewer Repairs (706/708 S. 20th Ave)
Reconciliation of Project Over and Underruns (See attached)
CHANGE ORDER NO. 1 SUBTOTAL: $76,662.17
8.3% SALES TAX: $ 6,362.96
CHANGE ORDER NO. 1 TOTAL: $83,025.13
$42,347.20
$42,030.08
$23,436.32
$12,445.32
($43,596.75)
CHANGE ORDER JUSTIFICATION:
This change order is being executed to compensate the Contractor for emergency repairs which became necessary during
construction. The repairs were the result of unforeseen circumstances and a water main break which was not the fault of the
contractor. Due to the emergent nature of the work, the City of Yakima directed the Contractor to proceed with necessary
repairs and the cost was tracked utilizing the force account provisions of the contract. Associated costs were verified by the
Engineer to be accurate and necessary for completion of the project. Backup documentation was obtained from the
contractor for all costs incurred.
Not valtd until signed by both the Approving Authority and Contractor.
'Signature of the Contractor Indicated agreement herewith, Including any adjustment on the Contract Sum or Contract Time.
The original Contract Sum was .......................>.., $
Netchange by previous Change Orders ..w.w......» ................K,......,...,.. $
The Contract Sum prior to this Change Order .,..,»...a ................. $
The Contract Sum will be: El Increased 0 Decreased ❑ Unchanged by this Change Order $
The New Contract Sum including this Change Order will be $
2,144,869.59
0.00
2,144,869.59
83,025.13
2,227,894.72
The Contract Time will be: 0 Increased 0 Decreased Pi Unchanged by N/A working days
-The New Contract Time will be working days
Roy Swihart
Date March 11, 2025
1
Approval Recommended rovaj y o Hite» ed
Benjamin A. Annan, PE, Project Engineer
,���^ Digitally signed by
By _ Benjamin A, Afl f#
^
Dale`2025.03,14
Date 14:32:41-07'00'
Mike Price, Wastewater Men
By
Date 3
Based on
DOT Form 570-001 EF
Revised 08/2021
Original to: 0 Contractor
Copies to: 0 Region ❑ Construction Administrator
0 OSC Accounting ❑ City Engineering
HLA
Engtrwxringand land Surveying, Inc.
CITY OF Yaktm
PROJECT NAME: Maclaren Street Vicinity Waste w t r trrtprC v ments
HLA PROJECT NO.: 23116C
PRIME CONTRACTOR: Interwest Construction inc.
C1ne Order No. 01 - Emergency Repairs
ITEM 85 EMEI
9/19/24
EWER REP
RS - 711< S.' 19th`Ave
$ 3,594.52 $ 3,594.52 Interwest Construction
,26+23 side sewer on 711 S 19th Ave.
Homeowner basement flooded. ICI investigated, excavated the side sewer,
and discovered City of Yakima Water crew damaged the side sewer during
water service work. The repair was completed by Interwest Construction.
9/30/24 $ 18,608.11 $ 22,202.63 Allure Construction
711 S 19th Ave -Allure Construction demo'd carpet, emergency repairs,
insulation on all damaged walls, dry wall prep, painting, install new carpet and
furniture rearrangement for carpet and paint performed by Allure Construction.
10/3/24 $ 14,394.18 $ 36,596.81 Service Master
711 S 191h Ave - Services performed by Service Master for asbestos & lead
testing, and mitigation services for personal drinking water lines.
10/3/24 $ 5,750.39 $ 42,347.20 Interwest Construction
711 S. 19th Ave. sewer backup damage repairs. Home Depot and Lowe's
receipts for repairs.
ITEM 36 - EMERGENCY SEWER REPAIRS - 810 S.1Sth'Ave. Changed Conditions
9/24/24
24+22.
810 S 19th Ave sewer service backed up and ICI connected to the new
$ 2,919.94 $ 2,919.94 Interwest Construction Inc. system. The sewer service to this house was previously understood to be
connected on another street, and not part of this project. The City of Yakima
.approved the new connection to the sewer min in 19th Ave.
9/30/24
10/3/24
27,322.47 $
30,242.41 ' Allure Construction
810 S. 19th Ave - Allure Construction demo'd carpet, emergency repair
fee/testing, insulation on all walls, dry wall/wood removal, paint concrete and
damaged walls, carpet installation, install stair carpet/furniture rearrangement,
and remove/install sink cabinets.
810 S. 19th Ave. sewer backup damage repairs at 810 S. 19th Ave. Home
$ 4,801.15 $ 35,043.55 Interwest Construction Inc. Depot and Lowe's receipts for repairs.
10/18/24
$ 6,986.53 $ 42,030.08
Restoration 1
810 S. 19th Ave - Restoration 1 performed repairs that consisted of
remediation services due to unsanitary water damage to this property.
ITEM 37 - Emergency Repairs due to Water Main Break
11/13/24 $ 1,239.39 $ 1,239.39 Interwest Construction Inc. Water main break under new asphalt.
+07.
11/14/24 $ 189.16 $ 1,428.54 Interwest Construction Inc. Saw cutting for asphalt removed due to water main break.
11/14/24 1 $ 280.00 $ 1,708.54 R&R Sawcutting
9+07.
Saw cutting for asphalt removed due to water main break.
9+07.
11/15/24 $ 4,707.79 $ 6,416.33 Interwest Construction Inc. Removing asphalt for water main break repairs and grading rock for new
9+07.
11/18/24 $ 1,834.02 $ 8,250.35 Interwest Construction Inc. Grading top course rock for roadway prep at water main break location.
9+07.
11/20/24 $ 13,560.50 $ 21,810.85 Interwest Construction Inc. Excavation of soft spot in roadway to be replaced with rock and pave patch in
the road from water main break.
Central Washington Asphalt
9+00.
Jack and raise manhole #3 and pour concrete collar around manhole #3.
This work is due to road w.t at water main break,
R&R Sawcutting Saw cutting 39'x3" Asphalt
Interwest Construction Inc. > 708 S 20th Ave. Mobilization of equipment, saw cutting for excavation, and
painting of locates.
Interwest Construction Inc. 708 S 20th Ave. Excavation of road and connection of side sewer service to
new sewer main.
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