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Home My WebLink About10-04-2023 N. Baker Avenue, Storm Wa•»- City of East Wenatchee Emergency Work Contract THIS AGREEMENT WAS PREPARED TO FAIRLY ALLOCATE RESPONSIBILITIES, RISKS AND EXPENSES ARISING OUT OF THE PERFORMANCE OF THIS WORK, AND IS MADE AND ENTERED BY AND BETWEEN Contractor: KRCI LLC Address: 125 McGee St SE East Wenatchee, WA 98802 Owner: City of East Wenatchee Address: 271 9th Street NE East Wenatchee, WA 98802 Project:N Baker Ave Stormwater Repairs Owner, for full, complete, and faithful performance of this Contract agrees to pay Contractor: The unit prices identified in Contractor's proposal, attached and incorporated herein as Exhibit A, which shall constitute full compensation for furnishing all plant, labor, materials, and equipment, and performing any associated Contractor quality control, environmental protection, meeting safety requirements, tests and reports, and for performing all Work required for each of the unit price items, as well as all applicable taxes (the "Contract Price"). Unforeseen work may use existing unit pricing, at Owner's sole option, or may be billed in accordance with WSDOT Section 1-09.6, Force Account. In consideration, therefore, Contractor agrees as follows: Scope of Work: Contractor shall do all work and furnish all tools, materials, and equipment for: N Baker Ave is experiencing settling along the alignment of a corrugate metal stormwater pipe between 11th Street NE, and 12th Street NE. Investigation indicated that an approximately 18" CMP pipe has a large belly between two manholes and may have settled. A constant flow of water from a nearby spring has filled the pipe and is likely causing the observed settling. This segment of pipe is to be abandoned and removed. Two manholes, and 12" CPE pipe will need to be installed to divert water from the existing stormwater line to a parallel line. Material sizing shall be per the attached quote in exhibit A, or to the satisfaction of the City Engineer. In addition to culvert removal, other work is anticipated to include over excavation, removal of unsuitable materials, replacement of backfill, replacement of excavated roadway with HMA, and other work as needed. The project has been declared an emergency by the owner. Work outside of the attached quote may utilize existing unit pricing or may be tracked in accordance with WSDOT Section 1-09.6, Force Account. Schedule of Work: Time is of the essence in this Agreement. Contractor agrees to complete all Work in between Monday, October 9 - Friday, October 20, 2023. If extraordinary circumstances are discovered requiring an extension of this schedule, Owner must each agree to the extension of the schedule in writing. Work shall be completed in accordance with direction of Owner's Engineer and in accordance with the WSDOT Standard Specifications for Road and Bridge Construction (2023), amendments to the Standard Specifications and the Special Provisions which are, by this reference, incorporated herein and made a part hereof. Performance of Contract Work: Contractor agrees to perform its work in strict accordance with the incorporated WSDOT Standard Specifications and the direction of Owner's Engineer. Contractor also agrees to be bound by all laws, government regulations, and Owner directives. Owner shall not be responsible for any Work performed by Contractor without Owner's prior, written approval. Contractor proceeds at its own risk by performing unapproved work. Progress Billings and Payments: Progress payments will be submitted monthly on the 25th of the month to the owner. Payments for each approved billing will be due within 1 0 days after date of approval. Owner will retain five percent (5%) of the amount otherwise due Contractor, such retainage to be released to Contractor in accordance with RCW 60.28. Provided, Owner will make not payment under this Contract for the work performed until the Contractor has filed an approved "Statement of Intent to Pay Prevailing Wages" State L&I's form number F700-029-00. Bonds: Performance and payment bonds are required. The penal sum of the bonds shall each be one hundred percent (100%) of the original Contract Price. Any increase in the Contract Price that exceeds ten percent (10%) in the aggregate shall require a rider to the Bonds increasing penal sums accordingly. Up to such ten percent (10%) amount, the penal sum of the bond shall remain equal to one hundred percent (100%) of the Contract Price. Contractor shall endeavor to keep its surety advised of changes potentially impacting the Contract Time and Contract Price, though Contractor shall require that its surety waives any requirement to be notified of any alteration or extension of time. Indemnity: To the fullest extent permitted by law, Contractor shall indemnify and hold harmless Owner, Owner's agents, employees, and Engineer (the Indemnitees) from all claims for bodily injury and property damage, other than to the Work itself and other property insured, including reasonable attorney fees, costs and expenses, that may arise from the performance of the Work, but only to the extent caused by the negligent acts or omissions of Contractor, Subcontractors, or anyone employed directly or indirectly by any of them or by anyone for whose acts any of them may be liable. Warranty: Contractor warrants that all materials and equipment shall be new unless otherwise specified, of good quality, in conformance with the Contract Documents, and free from defective workmanship and materials. Contractor further warrants that the Work shall be free from material defects not intrinsic in the design or materials required in the Contract Documents. Contractor's warranty shall commence on the Date of Completion of the Work, or of a designated portion. If, prior to the Date of Completion and within one year after the Date of Completion of the Work, any defective Work is found, Owner shall promptly notify Contractor in writing. Contractor shall promptly correct the defective Work at its own cost and time and bear the expense of additional services required for correction of any defective Work for which it is responsible. Extent of Agreement: Except as expressly provided, this Agreement is for the exclusive benefit of the Parties, and not for the benefit of any third party. This Agreement represents the entire and integrated agreement between the Parties, and supersedes all prior negotiations, representations, or agreements, either written or oral. Governing Law: This Agreement shall be governed by the laws of the State of Washington. The venue of any binding dispute resolution procedure shall be Douglas County, Washington. The costs of any binding dispute resolution procedures and reasonable attorneys' fees shall be borne by the non-prevailing Party, as determined by the adjudicator of the dispute. Severability: The partial or complete invalidity of any one or more provisions of this Agreement shall not affect the validity or continuing force and effect of any other provision. No Waiver Of Performance: The failure of either Party to insist, in any one or more instances, on the performance of any of the terms, covenants, or conditions of this Agreement, or to exercise any of its rights, shall not be construed as a waiver or relinquishment of such term, covenant, condition, or right with respect to further performance or any other term, covenant, condition, or right. IN WITNESS, WHEREOF, OWNER AND CONTRACTOR have executed this agreement, effective the date of the last authorized signature unless otherwise agreed. ^AA^ ^^^ ^»-SM'^ Jerrilea Crawford, Mayor" Date KRCILLC Oct 4,2023 Contractor Authorized Signature Date KRCILLC 125 McGee Street SE East WENATCHEE, WA 98802 USA Phone: (509)884-5258 Fax: (509)884-3625 To: Address: City Of East Wenatchee East Wenatchee Contact: Phone; Fax: Garren Melton Project Name: Baker Street Storm Repair And Removal Project Location: llth And Baker Street Bid Number: Bid Date: I Item #Item Description Estimated Quantity Unit Unit Price Total Price 12345789 10 11 Mobilization Demo Asphalt Install 72" Manhole Install 48" Manhole Install 12" Pipe Asphalt Restoration Plug Lateral Lines Remove CMP Pipe Over Ex For Unsuitable Soils And Replace With Quarry Spalls Import Backfill Includes Removal Of Unusable Soils 1.00 LS 4,400.00 SF 1.00 EACH 1.00 EACH 10.00 LF 4,400.00 SF 1.00 EACH 600.00 LF 90.00 CY 350.00 CY $15,700.00 $3.10 $16,200.00 $12,300.00 $336.00 $8.25 $488.00 $43.60 $145.50 $78.00 $15,700.00 $13,640.00 $16,200.00 $12,300.00 $3,360.00 $36,300.00 $488.00 $26,160.00 $13,095.00 $27,300.00 Total Bid Price: $164,543.00 Payment Terms: PER CONTRACT (MUNICIPAL) ACCEPTED: The above prices, specifications and conditions are satisfactory and are hereby accepted. Buyer: Signature: Date of Acceptance: CONFIRMED: KRCI LLC Authorized Signature: Estimator: ^ 9/28/2023 11:08:48 AM Page 1 of 1 Emergency Contract N Baker Ave Storm Pipe With Exhibit A Final Audit Report 2023-10-04 Created: 2023-10-04 By: Nikkole Davis (nikkole@krci.net) Status: Signed Transaction ID: CBJCHBCAABAA7ZreqNXr04dbMAdc3i26VEqMs2NK4F4o "Emergency Contract N Baker Ave Storm Pipe With Exhibit A" H istory Q Document created by Nikkole Davis (nikkole@krci.net) 2023-10-04 - 8:59:04 PM GMT (^ Document emailed to Pat King (pat@krci.net) for signature 2023-10-04 - 8:59:44 PM GMT Q Email viewed by Pat King (pat@krci.net) 2023-10-04-11:18:54PMGMT I^Q Document e-signed by Pat King (pat@krci.net) Signature Date: 2023-10-04-11:19:17 PMGMT-Time Source: server 0 Agreement completed. 2023-10-04-11:19:17 PM GMT Adobe Acrobat Sign a« •y -*?•-^^ ClTy OF EAST WENATCHEE 271 9th Street NE East Wenatchee, WA 98802 Phone (509) 884-5396 Fax (509) 884-6233 10/2/2023 Subject: Declaration of Emergency: North Baker Ave Stormwater Repairs Based upon the attached recommendation from the City Engineer, and pursuant to the City of East Wenatchee Procurement policy 1.2.4, I declare the failing stormwater pipe on North Baker Ave to constitute an emergency and authorize the use of emergency contracting to complete the necessary repairs. icerely, Cc^^~'/ /Jerrilea Crawford East Wenatchee Mayor Enclosure: Recommendation of Emergency Service Contract ec: file 1 A RH2 ENGINEERING East Wenatchee 300 Simon Street SE, Suite 5 East Wenatchee,WA 98802 1.800.720.8052/rh2.com September 28, 2023 Mr. Garren Melton Public Works Manager City of East Wenatchee 271 9th Street NE East Wenatchee, WA 98802 4^- -17 ^'-<<4'<< WASHINGTON LOCATIONS Bellingham Bothell (Corporate) EastWenatchee Issaquah Richland Tacoma Sent via: Email Subject: Emergency Service Contract - N Baker Avenue Storm Line Abandonment Dear Mr. Melton: The purpose of this letter is to provide my recommendation for an emergency service contract to abandon an existing corrugated metal storm line under N Baker Avenue. The northbound lane on North Baker Avenue has been observed to be sinking over the top of this pipe. Attempts to inspect the line have shown the bottom of the line to be in extremely poor condition. A full inspection could not be conducted due to the pipe being full of water within 20 feet of the access point, indicating a large belly in the pipe, or partial collapse. The proposed solution is to abandon this section of pipe and connect the last manhole to another storm pipe that runs parallel to the failing pipe. Figure 1 shows location of proposed abandonment and placement of new manholes. OREGON LOCATIONS Medford Portland IDAHO LOCATIONS Nampa 09/28/23 1:38 PM \\CORP.RH2.COM\PROJECTS\PROJECnDATA\EW\21-0133\2023.03.28_LTRTO MELTON RE EMERGENQ'SERVICE.DOCX MELTON September 28, 2023 Page 2 ?;.i;^:*..Place new ma to divert flows cent storr hoin es•area FI to adja-^tine "y-J»^•te ^. p,»<•a.F•V -/ S-'SsSsfSQ s-e^kfr <-»»^t ^s £-AE.-ltr- im& •o'n .*^^1^s;{-te. ^Abandon 600' of failed storm linemJ••Kaxa»f.-.»m^<r Q ?KE:T'^*" ^I.•'•-!;^'£;*£»*^>-:*.^>^^ —(^v .•' F Z--»,.! ?'f. IS :-':^:1>^.^s"' .^3-<"e)^y-.-/ %to61iB6fiR^ii|!ji)fflEJ3' Q^a i?(•;t;T?11III a:'»€^1-^kI-* •^•SK •ft 4"s ^r*\&^\'';•.;- krvd %7SSL^^.3•I •« Figure 1 North Baker Storm Line Proposed This pipe receives a constant flow of water from a nearby spring that discharges a large volume of water into the system. The sinking pavement, observed condition of the pipe, continuous flows, and presence of a large belly in the pipe makes it likely that the subgrade of the road is over saturated, and/or a void is forming. 09/28/23 1:38 PM \\CORP.RH2.COM\PROJECTS\PROIECnDATA\EW\21.0133\2023,09.28_LTR TO MELTON RE EMERGENCf SERVICE.DOCX MELTON September 28, 2023 Page3 With the window to complete these repairs prior to the paving window closing, time is of the essence to complete the repairs. Given the type and age of this conveyance pipe, it is likely that the remainder of the pipe that is not part of this emergency repair will experience similar deterioration and settlement of the roadway. A future pipe-lining project should be considered along the entire length of the corrugated metal storm line to prevent future emergency projects. If you have any questions regarding this recommendation, please call me at (509) 886-6761 or via email at ehowe@rh2.com. Thank you for the opportunity to assist you with this project. Sincerely, Erik Howe, P.E. Contract City Engineer EH/aa ^K;^<<-^\v^0^^e -t-to 41072 -<i-^0^S^/STE<^<^ Q<^(»^/w^: Signed: 09/28/23 09/28/23 1:38 PM \\CORP.RH2.COM\PROJECTS\PROJEC^DATA\EW\21-0133\2023.09.28_LTR TO MELTON RE EMERGENCY SERVICE.DOCX