HomeMy WebLinkAboutR-2022-144 Resolution ratifying the declaration of an emergency for the protection of the 48-inch water transmission main and contract with Interwest ConstructionA RESOLUTION
RESOLUTION NO. R-2022-144
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:
eu(„
Sonya Claar Tee, City Clerk
t ,i { (-( ,'I,�, L�
Janice Deccio, Mayor
1
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.D.
For Meeting of: November 1, 2022
Resolution ratifying the declaration of an emergency for the
protection of the 48-inch water transmission main and contract with
I nterwest Construction
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:
STRATEGIC PRIORITY:
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
No
Public Safety
2
ATTACHM E NT S :
Description
D Resdution
D Emergency Justification
O tract
Upload Date
9/26/2022
10/20/2022
10/7/2022
Type
Resolution
Backup Material
Backup Material
CONTRACT
THIS AGREEMENT, made and entered into in triplicate, this ' r day of rrt Le , 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 (4) 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 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. 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 t ( day of ,-i i-G1 2022.
CITY CONTRACT NO:
RESOLUTION NO:
Interwest Construction, Inc.
,a Corporation
ontractor/(��
By: K. _ lam.[ /O
Dana Orbe
Its: Vice President
(President, Owner, etc.)
Address: 609 North Hill Blvd.
Burlington, WA 98233