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HomeMy WebLinkAbout11/01/2022 06.D. Resolution ratifying the declaration of an emergency for the protection of the 48-inch water transmission main and contract with Interwest Construction 5l BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.D. For Meeting of: November 1, 2022 ITEM TITLE: Resolution ratifying the declaration of an emergency for the protection of the 48-inch water transmission main and contract with I nterwest Construction SUBMITTED BY: Scott Schafer, Director of Public Works David Brown,Assistant Director of Public Works, 509.575.6204 SUMMARY EXPLANATION: At end of July and the first week of August, it was discovered that the City's 48-inch water transmission main near the Water Treatment Plant was exposed at the Naches River edge. The river has been traveling toward the US Highway 12 side and had exposed the main. During higher flows the main could be damaged. On August 4, 2022, the City Manager declared an emergency PO 2212E so the water main could be protected before flows increased within the river in late August. Emergency permits were obtained from US Army Corps of Engineers, WA Fish and Wildlife with consultations the US Fish and Wildlife, NOAA Fisheries and the Yakama Nation. A solution was engineered and a contractor engaged to implement the protective measures. These included covering the water main with material that could be obtained from the river, large rock was imported to cover the exposed main and several rock barbs were installed to dissipate energy. I nterwest Construction Company, Inc. conducted the protective work at a cost of $172,277.50. This resolution is to ratify the declaration of emergency that authorized the emergency work required to protect the City's water main. ITEM BUDGETED: No STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution 2 ATTACHMENTS: Description Upload Date Type D Resdution 9/26/2022 Resolution D Emergency Justification 10/20/2022 Backup Material D tract 10/7/2022 Backup Material 3 RESOLUTION NO. R-2022- A RESOLUTION ratifying the declaration of an emergency and authorizing the City Manager to execute all applicable contracts for the protection of the 48- inch water transmission main. WHEREAS, Article VI, section 6 of the City of Yakima Charter and the Yakima Municipal Code Chapter 1.80 provide that the City Council may declare an emergency and waive the bidding requirement for supplies, material, equipment or services; and WHEREAS, RCW 39.04.280 provides for emergency public works projects to move forward without complying with bidding requirements; and WHEREAS, the imminent failure of 48-inch water transmission main near the Water Plant due to scheduled flow increases in the Naches River; and WHEREAS, the 48-inch water transmission main required immediate protection with rock structures to insure reliable water delivery to Yakima from the water treatment plant; and WHEREAS, an emergency was declared by the City Manager on August 4, 2022, allowing the Water/Irrigation Division to proceed with the contracting with Interwest Construction Company, Inc. to install rock protection barbs; and WHEREAS, the cost of the installation of the rock barbs and associated materials including tax totaled $172,772.50, resulting in the need to seek ratification by City Council via resolution, in accordance with City of Yakima Administrative Code ADM 3-500 City/County Procurement Manual which requires approval by City Council for emergency costs exceeding $50,000; and WHEREAS, the City Council deems it to be in the best interest of the City and its residents to ratify the City Manager's declaration of an emergency, and authorize the execution of all necessary contracts for the protection of the 48-inch transmission main and associated materials for the drinking water 48-inch transmission main, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The emergency, as declared on August 3, 2022 by the City Manager, is hereby ratified, the City Council resolves that there was an emergency, and the City Manager's execution of all appropriate documents for the protection of the 48-inch transmission main and associated materials without calling for bids, is hereby ratified and approved. ADOPTED BY THE CITY COUNCIL this 1st day of November, 2022. ATTEST: Janice Deccio, Mayor Sonya Claar Tee, City Clerk 4 City of Yakima Emergency Purchase Order Justification Requestor Name: Your Department/Division: David Brown Public Works-Water/Irrigation Requestor Phone: Requisition (PR) Number: 509.575.6204 Requested Vendor: Cost Estimate (incl. TAX): Interwest Construction Inc. $150,000 Vendor's Address: Vendor E-Mail : torrm@interwest.biz 609 N Hill Blvd.Burlington,WA 98233 Vendor Contact Name: Vendor Phone: Torr Martin 360.757.7574 1. What is the emergency situation? Describe damages or loss of property or essential services that are/may be a result of this emergency. (Attach extra sheet if necessary.) The 48"water transmission main is exposed to the Naches River due to erosion,when the river flow increases in September the pipeline will be damaged. This in main water supply to Yakima 2. What labor and/or materials are required? Attach a copy of your quote or estimate. Labor to run equipment and rock.No quote will be time and materials 3. Did vendor quote prevailing wages, if applicable (e.g. repairs, construction, maintenance)? Yes 1 ] No E 4. Was vendor informed of the Intent and Affidavit filing requirements with L&I? Yes r7 No 5. Does vendor have a current certificate of insurance on file with the City? Check ICE: http://citylce/purchasingicontractor-list/ Yes LI No ri 6. Are federal funds being used? If federal funds are being used, a cost price analysis must be done at earliest opportunity and a copy sent to Purchasing. Yes No 0. STATEMENT OF NEED: My division's recommendation for an emergency purchase order and waiver of the quote or bid requirements is based upon an objective review of the emergency situation and appears to be in the best interest of the City. / understand that if this purchase is over $50.000, or if any change orders to this purchase increase the amount to $50,000 or over, that our division must initiate and prepare necessary information (Resolution)to advise City Council that there has been an emergency situation requiring immediate action. David Brown Digitally signed by David Brown 1. Date:2022.08.04 09:2404-07'00 8/4/22' Signature of Division Manager Date Scott Schafer Digitally signed by Scott Schafer 8/4/22 2. Date:2022.08.04 09:36:22-0700' Signature of Department Head Date 3. Recommendation of Approval by Purchasing Manager Date 4. Approval by City Manager Date Please complete entire form and forward to Purchasing. Purchasing will forward to the City Manager for final approval. 5 CONTRACT THIS AGREEMENT, made and entered into in triplicate,this day of ,2022,by and between the City of Yakima, hereinafter called the Owner, and Interwest Construction, Inc.a Washington Cdrporation,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 as a time and materials bid,not to exceed$300.000, for dredging in Installation of rock barbs to protect the water transmission main in the Naches River,all in accordance with,and as described in the attached specifications/drawing and the 2022 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,Payment for all work shall be in accordance with Standard Specification 1-09.6. Work shall start within five(5)days after the Notice to Proceed and shall be completed in four(et)working days,The first chargeable working day shall be the 6th 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 Yakirna 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 arid in the manner and upon the conditions provided for in this contract. Ill. 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.The City's right to indemnification includes attorney's fees and costs associated with establishing the right to indemnification hereunder in favor of the City, 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 k day of 1'11 2022, Interwest Construction, Inc, ,a Corporation ontractor By: Har is. ,City ager Attest: Dana Orhe Sonya paar Tee.Cit Its= Vice President IPresident,Owner,etc,)f:f ciry conirRAcT NO' Address:_609 North Hill BlycL " RESOLUTION NO Burlin non, WA 9S233 —