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HomeMy WebLinkAboutR-2024-181 Resolution authorizing a Contract Agreement with Interwest Construction, Inc. for the Nelson Ph. 2 Conveyance Improvements Project IC2010 RESOLUTION NO. R-2024-181 A RESOLUTION authorizing an agreement with Interwest Construction, Inc. for the construction of the Nelson Dam Removal Project: Water Supply, Fish Passage, and Riverine Process Phase 2 (2A, 2B and 2C) Conveyance Improvements Project IC2010. WHEREAS, the City of Yakima completed the Nelson Dam Removal Project: Water Supply, Fish Passage, and Riverine Process Phase 1 Intake and In-River Improvements Project IC2010 in 2023; and WHEREAS, the City of Yakima owns, operates, and maintains the Nelson Diversion and irrigation distribution system in accordance with applicable Federal, State and Local regulations; and WHEREAS, new irrigation pipelines (conveyance improvements) are required to be constructed from the Nelson Diversion east to the Hwy 12/North 40th Avenue interchange to allow delivery of irrigation water to the City of Yakima and Naches Cowiche Canal Association distribution systems; and WHEREAS, the City of Yakima used the procedure established by the State of Washington for competitively bidding projects; and WHEREAS, Interwest Construction, Inc. submitted the lowest responsive, responsible total bid and has the ability to perform the contract specified work; and WHEREAS, the Phase 2A of the project is currently funded by City funds and State of Washington Department of Ecology grant funds; and WHEREAS, the City of Yakima anticipates additional funding for Phases 2B and 2C through Irrigation Capital (479), the State of Washington Department of Ecology and federal Congressionally Directed Spending; 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 for the Nelson Dam Removal Project: Water Supply, Fish Passage, and Riverine Process Phase 2 (2A, 2B and 2C) Conveyance Improvements Project IC2010; 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 thirteen million seven hundred twenty one thousand six hundred thirteen dollars and twenty five cents ($13,721,613.25) for the Nelson Dam Removal Project: Water Supply, Fish Passage, and Riverine Process Phase 2 (2A, 2B and 2C) Conveyance Improvements Project IC2010. 1 ADOPTED BY THE CITY COUNCIL this 1St day of October, 2024. e/ ir ATTEST: --,iPKir.1A„'k% p ? 'i, Patricia By:rs, Mayor * :•SEAL : * �j �.*0" ,; "osalinda barra, City Clerk �`�. 2 AGREEMENT THIS AGREEMENT, made and entered into in triplicate,thisc' day of 0(-kel.i,--, 2024, by and between the City of Yakima, hereinafter called the Owner, and Interwest Construction, Inc. ,a Washington Corporation, hereinafter called the Contractor. WITNESSETH: That in consideration of the terms and conditions contained herein and attached and made a part of this agreement,the parties hereto covenant and agree as follows: I. The Contractor shall do all work and furnish all tools, materials, labor and equipment for THE BID AMOUNT OF:$ 13,721,613.25 for Nelson Dam Removal: Water Supply,Riverine Process,and Fish Passage, Improvements, Phase II—Conveyance Improvements, No. IC2010, all in accordance with, and as described in the attached plans and specifications 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. Work shall start within ten(10) days after the Notice to Proceed and shall be completed on or before April 1, 2026. If said work is not completed within the time specified, the Contractor agrees to pay to the Owner the sum specified in these 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. HDR Project No.10324054 City of Yakima September 6,2024 Nelson Dam Removal Project-Phase 2 Addendum No. I AGREEMENT(EJCDC C-520-2018)(Addendum No. I) 005213- 1 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. 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. E. The terms of this Section shall survive any expiration or termination of this Contract. IV. RCW 35.22.650: Contractor agrees that the Contractor shall actively solicit the employment of minority group members. Contractor further agrees that the Contractor shall actively solicit bids for the subcontracting of goods or services from qualified minority businesses. Contractor shall furnish evidence of the Contractor's compliance with these requirements of minority employment and solicitation. Contractor further agrees to consider the grant of subcontracts to said minority bidders on the basis of substantially equal proposals in the light most favorable to said minority businesses. The Contractor shall be required to submit evidence of compliance with this section as part of the bid. Nothing in this Agreement shall require Contractor or any of its subcontractors to take action that would be deemed discrimination or preferential treatment in violation of RCW 49.60.400. Pursuant to RCW 49.60.400(6), this Section does not prohibit action that must be taken to establish or maintain the City of Yakima's eligibility for any federal program, if ineligibility would result in a loss of federal funds to the City of Yakima. V. INSPECTION AND RETENTION OF RECORDS A. The records relating to this Agreement shall,at all times,be subject to inspection by and with the approval of the City, but the making of(or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for complying with this Agreement, notwithstanding the City's knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient, safe, and proper facilities,and/or send copies of the requested documents to the City. Contractor's records relating to the Agreement will be provided to the City upon the City's request. B. Contractor shall promptly furnish the City with such information and records which are related to this Agreement as may be requested by the City. Until the expiration of six(6)years after final payment of the compensation payable under this Agreement, or for a longer period if required by law or by the Washington Secretary of State's record retention schedule, Contractor shall retain and provide the City access to (and the City shall have the right to examine, audit and copy)all of Contractor's books,documents,papers and records which are related to this Agreement. If any litigation,claim,or audit is started before the expiration of the six-year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. HDR Project No. 10324054 City of Yakima September 6,2024 Nelson Darn Removal Project-Phase 2 Addendum No. t AGREEMENT(EJCDC C-520-2018)(Addendum No. 1) 005213-2 C. All records relating to Contractor's work under this Agreement must be made available to the City,and the records relating to the Agreement may be required to be produced to third parties, pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to this Agreement must be retained by Contractor for the minimum period of time required pursuant to the Washington Secretary of State's records retention schedule. D. The terms of this section shall survive any expiration or termination of this Agreement. VI. 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. VII. 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. ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Nelson Dam Removal:Water Supply, Riverine Process, and Fish Passage, Improvements, Phase II —Conveyance Improvements, which includes the installation of two new water surface conveyance pipelines that will deliver water from the new consolidated intake to existing distribution systems located to the south. The new pipelines will be installed in the same corridor as the existing City of Yakima water pipeline (portions of which will be removed). Two of the pipelines require an open-trench crossing of Cowiche Creek. An existing sedimentation basin and siphon (portions of which encroach on the OHWM of Cowiche Creek), which will also be demolished immediately south of the creek. ARTICLE 2—THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: Nelson Dam Removal: Water Supply, Riverine Process, and Fish Passage, Improvements, Phase II—Conveyance Improvements, City Project No. IC2010 ARTICLE 3—ENGINEER 3.01 The part of the Project that pertains to the Work has been designed by: HDR Engineering, Inc. 4717 97th St, Gig Harbor,WA 98332 ARTICLE 4—CONTRACT TIMES 4.01 Time is of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. HDR Project No. 10324054 City of Yakima September 6,2024 Nelson Dam Removal Project-Phase 2 Addendum No. 1 AGREEMENT(EJCDC C-520-2018)(Addendum No. 1) 005213-3 4.02 Contract Times:Dates A. All Work will be substantially completed on or before February 1, 2026 and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before April 1, 2026. B. Parts of the Work shall be substantially completed on or before the following Milestone(s): 1. Milestone 1: December 31, 2024—Cowiche Creek Crossing between Stations 25 +90 to 32+ 30 as the in-water work window closes on this date. 2. Milestone 2: April 1, 2025—Phase 2A work per the contract drawings as this is when irrigation season begins. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the Contract Times, as duly modified. The parties also recognize the delays, expense, and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner$1,750.00 for each day that expires after the time(as duly adjusted pursuant to the Contract)specified above for Substantial Completion, until the Work is substantially complete. 2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse,or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to the Contract)for completion and readiness for final payment, Contractor shall pay Owner $500.00 for each day that expires after such time until the Work is completed and ready for final payment. 3. Milestones:Contractor shall pay Owner$1,750.00 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified above for achievement of Milestone until Milestone is achieved during In-Water work window. 4. Liquidated damages for failing to timely attain Milestones, Substantial Completion, and final completion are not additive, and will not be imposed concurrently. B. If Owner recovers liquidated damages for a delay in completion by Contractor, then such liquidated damages are Owner's sole and exclusive remedy for such delay, and Owner is precluded from recovering any other damages, whether actual, direct, excess, or consequential,for such delay, except for special damages (if any)specified in this Agreement. HDR Project No. 10324054 City of Yakima September 6,2024 Nelson Dam Removal Project-Phase 2 Addendum No. 1 AGREEMENT(EJCDC C-520-2018)(Addendum No. 1) 005213-4 4.04 Special Damages A. Contractor shall reimburse Owner (1)for fines and penalties (if any) imposed on Owner as a direct result of Contractor's failure to attain Substantial Completion according to the Contract Times,(2)for fines and penalties(if any)imposed on Owner by an authority having jurisdiction for actions or inaction of Contractor arising from Contractor's performance of the Work (regardless of whether such event was connected with any delay in compliance with the Contract Times), and (3)for the actual costs reasonably incurred by Owner for engineering,construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for Substantial Completion (as duly adjusted pursuant to the Contract), until the Work is substantially complete. B. After Contractor achieves Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times, Contractor shall reimburse Owner for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for Work to be completed and ready for final payment(as duly adjusted pursuant to the Contract),until the Work is completed and ready for final payment. C. The special damages imposed in this paragraph are supplemental to any liquidated damages for delayed completion established in this Agreement. 4.05 Owner reserves the right to withhold from payments due Contractor under the Contract amounts for liquidated damages (if any), special damages (if any), and performance damages (if any) in accordance with the Contract. ARTICLE 5—CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents,the amounts that follow,subject to adjustment under the Contract: A. For Phase 2A Work, a Lump Sum Value of$ 7,158,631.08. B. For Phase 2B Work, a Lump Sum Value of$ 2,729,160.17. C. For Phase 2C Work, a Lump Sum Value of$ 3,833,820.00, D. For all Phases of Work (Phase 2A + Phase 2B + Phase 2C) a Total Lump Sum Value of$ 13,721,613.25. All specific cash allowances are included in the above price in accordance with Paragraph 13.02 of the General Conditions. ARTICLE 6—CONTRACT ADJUSTMENT 6.01 Phases 28 and 2C E. The Owner's determination for proceeding with Phases 2B and 2C will be based on procuring necessary funding already in progress. Upon availability of funding to initiate the next phase of work, the City will issue to Contractor a written notice for each contract if the Owner determines to proceed. Contractor will not be due HDR Project No. 10324054 City of Yakima September 6,2024 Nelson Dam Removal Project-Phase 2 Addendum No. I AGREEMENT(EJCDC C-520-2018)(Addendum No. I) 005213-5 additional escalation or profit should written notice to proceed be issued by the following milestone dates: 1. Phase 2B:July 1, 2025 2. Phase 2C:July 1, 2025 F. Should a delay in funding occur and the City chooses to proceed with Phases 2B and 2C after said milestones, Contractor is due a one-time adjustment pursuant to paragraph D. G. The Owner reserves the right not to proceed with Phases 2B and 2C. The Contractor will not be due additional profit if the Owner does not proceed with Phases 2B and 2C. H. The original Contract Price for Phases 2B and 2C shall be subject to a one-time adjustment pursuant to this section based on the change in the National Engineering News Record (ENR) "Construction Cost Index (CCI)" (the "ENR/CCI Adjustment") for the period starting when the Owner awards the contract to such Bidder. The original Contract Price will be adjusted by taking the ratio of the current index value to the index value of the original Contract Price when the notice to proceed is issued for each respective Contract. The ENR/CCI Adjustment shall be added or subtracted from the original Contract Price, depending on whether the ENR/CCI has increased or decreased from the Contract Award Date to the ENR/CCI Adjustment Date. For purposes of determining the ENR/CCI on the ENR/CCI Adjustment Date, the parties agree that the ENR/CCI published in any month reflects prices as of the last day of the prior month. For example, the ENR/CCI reported for October 2025 reflects pricing on September 30, 2025. ARTICLE 7—PAYMENT PROCEDURES 7.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 7.02 Progress Payments;Retainage A. Owner shall make progress payments on the basis of Contractor's Applications for Payment on or about the 20th day of each month during performance of the Work as provided in Paragraph 7.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract. HDR Project No. 10324054 City of Yakima September 6,2024 Nelson Darn Removal Project-Phase 2 Addendum No. I AGREEMENT(EJCDC C-520-2018)(Addendum No. 1) 00 52 13-6 a. 95 percent of the value of the Work completed (with the balance being retainage). 1) If 50 percent or more of the Work has been completed, as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage; and b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 200 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment. 7.03 Final Payment A. Upon fina► completion for each Phase (Phase 2A, 2B, and 2C) and acceptance of the Work, Owner shall pay the remainder of the Contract Amount for each respective phase in accordance with Paragraph 15.06 of the General Conditions. 7.04 Consent of Surety A. Owner will not make final payment, or return or release retainage at Substantial Completion or any other time, unless Contractor submits written consent of the surety to such payment, return, or release. 7.05 Interest A. All amounts not paid when due will bear interest at the maximum rate allowed by law at the place of the Project. ARTICLE 8—CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of all of the following: 1. This Agreement. 2. Bonds: a. Performance bond (together with power of attorney). b. Payment bond (together with power of attorney). 3. General Conditions. 4. Supplementary Conditions. 5. Specifications as listed in the table of contents of the project manual. HDR Project No. 10324054 City of Yakima September 6,2024 Nelson Dam Removal Project-Phase 2 Addendum No. I AGREEMENT(EJCDC C-520-2018)(Addendum No. 1) 005213-7 6. Drawings (not attached but incorporated by reference) consisting of sheets bearing the following general title: Nelson Dam Removal: Water Supply, Riverine Process,and Fish Passage, Improvements, Phase II—Conveyance Improvements. 7. Drawings. 8. Addenda (Refer to 00 41 13—Bid Form)). 9. Exhibits to this Agreement(enumerated as follows): a. b. c. d. 10. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Orders. d. Field Orders. e. Warranty Bond, if any. f. Change Proposal Request. B. The Contract Documents listed in Paragraph 8.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 8. D. The Contract Documents may only be amended, modified, or supplemented as provided in the Contract. ARTICLE 9—REPRESENTATIONS, CERTIFICATIONS,AND STIPULATIONS 9.01 Contractor's Representations A. In order to induce Owner to enter into this Contract, Contractor makes the following representations: 1. Contractor has examined and carefully studied the Contract Documents, including Addenda. 2. Not Used. 3. Contractor is familiar with all Laws and Regulations that may affect cost,progress, and performance of the Work. 4. Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that HDR Project No. 10324054 City of Yakima September 6,2024 Nelson Dam Removal Project-Phase 2 Addendum No. 1 AGREEMENT(EJCDC C-520-2018)(Addendum No. 1) 005213-8 have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings. S. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions,with respect to Technical Data in such reports and drawings. 6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition,with respect to the effect of such information, observations,and Technical Data on (a)the cost, progress, and performance of the Work; (b)the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor's safety precautions and programs. 7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price,within the Contract Times,and in accordance with the other terms and conditions of the Contract. 8. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. 10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 11. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. 9.02 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 9.02: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment HDR Project No. 10324054 City of Yakima September 6,2024 Nelson Darn Removal Project-Phase 2 Addendum No. 1 AGREEMENT(EJCDC C-520-2018)(Addendum No. I) 005213-9 of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or(c)to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 9.03 Standard General Conditions A. Owner stipulates that if the General Conditions that are made a part of this Contract are EJCDC® C-700,Standard General Conditions for the Construction Contract(2018), published by the Engineers Joint Contract Documents Committee, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or"track changes"(redline/strikeout),or in the Supplementary Conditions. HDR Project No. 10324054 City of Yakima September 6,2024 Nelson Dam Removal Project-Phase 2 Addendum No 1 AGREEMENT(EJCDC C-520-2018)(Addendum No. 1) 00 52 13-10 Countersigned: CITY OF YAKIMA CONTRACTOR this a _day of �)r1_) 2024. ,\\\\\""`11i1j iti lio tit Interwest Construction, Inc., a Coij, z�, -1)O,q,9 i 1',,, ., r L) �. • / Construction Company SEAL 1 1 iiii By: /67\---•°941 "q O 11111wfr City Manager Signature Contractor Signature V j C,-}-Or i C . 1 O.-\ -C-1' Eben Twaddle (Printed Name) (Printed Name) CITY CC�n'Tn^('T M,1 201191 .4p,KIro4 1t1 Attest: —*�• • il+, 1 SEAL . *i i�', ' _ • h1 �* President ..._0'/, , ',u,. .. _to 0, .1_...1. ... _•NG.sO . City Clerk (President, Owner, etc.) Address: 609 North Hill Blvd., Burlington, WA 98233 HDR Project No 10324054 City of-Yakima September 6,2024 Nelson Dam Removal Project-Phase 2 Addendum No. 1 AGREEMENT(EJCDC C-520-2018)(Addendum No 1) 00 52 13-11 F`} '�O i4 _44iiiillii i,i i BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 9.B. For Meeting of: October 1, 2024 ITEM TITLE: Resolution authorizing a Contract Agreement with Interwest Construction, Inc. for the Nelson Ph. 2 Conveyance Improvements Project IC2010 SUBMITTED BY: Scott Schafer, Director of Public Works *Mike Shane, Water/Irrigation Engineer SUMMARY EXPLANATION: In 2023, the City of Yakima (City) Water/Irrigation Division completed the Nelson Dam Removal Project: Water Supply, Fish Passage, and Riverine Process Phase 1 Improvements Project IC2010. The project removed Nelson Dam, installed a roughened river channel in the Naches River and a new irrigation diversion and fish screening structure. The new diversion provides irrigation water to City customers, as well as Naches Cowiche Canal Association customers. Phase 2 (2A, 2B and 2C) of the project will install new irrigation pipelines (conveyance improvements) from the Nelson Diversion east to the Hwy 12/North 40th Avenue interchange to allow delivery of irrigation water to the City of Yakima and Old Union Canal irrigation distribution systems. Installation of the pipelines will allow two existing irrigation diversions for the Fruitvale Canal and Old Union Canal to be decommissioned, and irrigation water be provided from the Nelson Diversion. City staff used the State bidding process to advertise for competitive bids. On September 5, 2024, competitive bids were received and opened. Interwest Construction, Inc. has been selected as the lowest responsive, responsible bidder, with a total bid for all phases of construction of$13,721,613.25. A recommendation of award was signed by the City Manager on September 18, 2024. The Agreement has been attached for City Council consideration. Phase 2A of the project is currently funded by Irrigation Capital (479), as well as a State of Washington Department of Ecology Grant of$7,600,000, which was accepted by City Council on September 3, 2024. Additional funding for Phases 2B and 2C is anticipated in 2025 from Irrigation Capital (479) revenue bonds; $3,000,000 in Congressionally Directed Spending funds, as well as a 2025-2027 State of Washington biennial budget request of$3,250,000 through the Department of Ecology. Phase 2A is anticipated to be constructed during the irrigation off-season from October 2024 through June 2026. ITEM BUDGETED: Yes STRATEGIC PRIORITY 24-25: A Resilient Yakima 125 RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Nelson Ph. 2 Construction Resolution.docx Nelson Dam Removal - Phase 2 Bid Approval.pdf Nelson_Ph._2_ContractPackage_-_Interwest_Construction_Inc..pdf 126