HomeMy WebLinkAboutR-2024-066 Resolution authorizing an agreement with TTC Construction, Inc. for Primary Digester No. 1 Supernatant Pipe Replacement Project WF2805 RESOLUTION NO. R-2024-066
A RESOLUTION authorizing an Agreement with TTC Construction, Inc. for Project WF2805
Primary Digester No. 1 Supernatant Pipe Replacement.
WHEREAS, the City of Yakima (City) owns, operates, and maintains the Yakima Regional
Wastewater Treatment Facility in accordance with applicable Federal, State and Local
regulations; and
WHEREAS, the Primary Digester No. 1 supernatant pipe requires replacement to maintain
required biosolids treatment capacity at the Wastewater Treatment Plant; and
WHEREAS, under City Contract No. 2023-150, the City entered into an agreement with
Gray & Osborne, Inc. to prepare the plans and contract documents for primary digester piping
replacements and improvements; and
WHEREAS, the City's Wastewater Division requires construction services for the
supernatant pipe replacement; and
WHEREAS, the City used the procedure established by the State of Washington for
competitively bidding projects; and
WHEREAS, TTC Construction, Inc. submitted the low bid and has the ability to perform
the contract 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 TTC Construction, Inc. to provide construction services
outlined in the contract; 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 TTC
Construction, Inc., in the amount of One Hundred Seventy-Four Thousand Three Hundred and
Seventeen Dollars and Thirty-Four Cents ($174,317.34) to provide the construction services
outlined in the contract.
ADOPTED BY THE CITY COUNCIL this 16th day of April, 2024.
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ATTEST: .�AKiMq h Patricia Byer , Mayor
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.Rosalinda Ibarra, City Clerk 1+14gsy,NGlG =
CONTRACT THIS AGREEMENT, made and entered into in triplicate, this\--1 /day of (A_P ,q
I I , 2024, by and between the
City of Yakima, hereinafter called the Owner, and TTC 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:$174,317.34,
for PRIMARY DIGESTER PIPE REPLACEMENT PROJECT No. WF2805, 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.
Work shall start within ten(10)days after the Notice to Proceed and shall be substantially completed in eight(8)working days
and physically completed in fifteen(15)working days The first chargeable working day shall be the 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.
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 ti day of CR i I 2024. � _ �Uk �.
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Construction Company
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CITY CONTRACT NO4—O(V
RESOLUTION NO tQ .-°°`r
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 7.G.
For Meeting of:April 16, 2024
ITEM TITLE: Resolution authorizing an agreement with TTC Construction, Inc.
for Primary Digester No. 1 Supernatant Pipe Replacement Project
WF2805
SUBMITTED BY: Scott Schafer, Director of Public Works
* Mike Price, Wastewater/Stormwater Manager
SUMMARY EXPLANATION:
City of Yakima (City) Project WF2805 replaces a ductile iron pipe in the biosolids handling
system originally installed in 1990. An emergency repair of a leaking joint in the pipe was required
in February 2024. An inspection during the emergency repair revealed severe corrosion and
pitting of all observable pipe surfaces. Also, the existing iron pipe has been prone to plugging
during its service life. The replacement will be a corrosion-resistant plastic pipe equipped with
clean-out access for improved maintainability. The City previously entered into an agreement with
Gray & Osborne, Inc. under City Contract No. 2023-150 to provide design, bidding, and construction
services for digester piping improvements. The City utilized the procedure established by the State of
Washington for competitively bidding projects. TTC Construction, Inc. submitted the lowest responsive
bid. The contract is for an amount not to exceed $174,317.34 and is attached for City Council review.
The project is funded by Wastewater Capital Fund 478.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution.
ATTACHMENTS:
Description Upload Date Type
D Resolution TTC No.1 Supematant Pipe 3/28/2024
d Contract 3/27/2024