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Home My WebLink About05/21/2024 07.J. Resolution authorizing an agreement with Interwest Construction 1 .. a, ____,) 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 3 RESOLUTION NO. R-2024- 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 ($2,144,869.59), for the replacement of approximately 5,000 linear feet of City sanitary sewer main lines and 14 sewer manholes in the vicinity of McClaren Street. ADOPTED BY THE CITY COUNCIL this 21st day of May, 2024. ATTEST: Patricia Byers, Mayor Rosalinda Ibarra, City Clerk 4 CONTRACT THIS AGREEMENT, made and entered into in triplicate, this day of , 2024, by and between the City of Yakima, hereinafter called the Owner, and Interwest Construction, Inc. , a Washington Corporation, hereinafter called the Contractor. WITNESSETH: That in consideration of the terms and conditions contained herein and attached and made a part of this • agreement, the parties hereto covenant and agree as follows: I. The Contractor shall do all work and furnish all tools, materials, labor and equipment for THE BID AMOUNT OF:$ 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 hundred 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 itemized 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. 11FS021GeneralI PROJECTS\2023\23116E111.Specs\23116 Spec.docx 4-2 5 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 hereto have caused this agreement to be executed the day and year first herein above written. Countersigned: CITY OF YAKIMA CONTRACTOR this day of_ 2024. Interwest Construction, Inc. , a Corporation Construction Company By: City Manager Signature Contractor Signature Eben Twaddle (Printed Name) (Printed Name) Attest: Its: President City Clerk (President, Owner, etc.) Address: 609 North Hill Blvd. Burlington,WA 98233 \FS021General\PROJECTS\2023123116E111.Specs\23116 Spec.docx 4-3 6 Project Location Map SC2783 McClaren Street Vicinity Wastewater Improvements lid,:i —BEEmEmunmgc,A,,___ - Irlll III®® ,� M IIIIIIb Y „ 11 I III (Tfl I. �T� �' �� , i � ` ,m= I II �11u PRC)J ECT , . 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