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HomeMy WebLinkAbout04/15/2025 09.B. Resolution authorizing the bid award and contract with Cliff Thorn Construction for Construction Services for the Terminal Building Modernization Project Phase 1A at the Yakima Air Terminal-McAllister Field `y s ljlt ' r I!I/ ,,•-. 1kini7s . BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 9.B. For Meeting of: April 15, 2025 ITEM TITLE: Resolution authorizing the bid award and contract with Cliff Thorn Construction for Construction Services for the Terminal Building Modernization Project Phase 1A at the Yakima Air Terminal-McAllister Field (Airport Fund) SUBMITTED BY: Robert Hodgman, Airport Director SUMMARY EXPLANATION: Awarding the contract of construction phase 1A- Roof and HVAC modernization to Cliff Thorn Construction for Construction Services to not exceed Two Million Seven Hundred Fifty-Five Thousand One Hundred and Forty-Five Dollars and Seventy-Six Cents ($2,755,145.76). ITEM BUDGETED: Yes STRATEGIC PRIORITY 24-25: A Thriving Yakima RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Resolution Yakima Air Terminal Contract Form.pdf Bid Review Itr 3_24_2025.pdf 111 RESOLUTION NO. R-2025- A RESOLUTION authorizing the execution of an agreement with Cliff Thorn Construction to construct phase 1A upgrades in the terminal building at Yakima Air Terminal-McAllister Field. WHEREAS, the City owns and operates Yakima Air Terminal-McAllister Field in accordance with applicable Federal, State and Local regulations; and WHEREAS, the 2021 Airport Masterplan Update, approved by the Federal Aviation Administration, determined the terminal building needs to be expanded and upgraded or service will be degraded, and WHEREAS, Yakima Air Terminal-McAllister Field advertised the need to construct phase 1A upgrades under a competitive bidding process and received two bids that were thoroughly evaluated; the airport has identified a lowest responsive and responsible bidder and has provided a letter of recommendation to the FAA to award the bid; and WHEREAS, on May 7, 2024 City Council approved the City Manager to apply for federal assistance through the Federal Aviation Administration's Airport Improvement Program; and WHEREAS, on August 20, 2024 City Council approved the City Manager to sign a grant application for SIED funds from Yakima county; and WHEREAS, FAA grant funding and Yakima county SIED funding are approved and available for reimbursement of construction expenses; and WHEREAS, upon receiving approval to notify the lowest responsive and responsible bidder of the city's intent to award the contract, the City of Yakima is now ready to enter into the contract with Cliff Thorn Construction that is attached hereto and incorporated herein by this reference to construct terminal building phase 1A upgrades; and WHEREAS, the City Council has determined that approval of said agreement will promote the purposes of the Yakima Air Terminal-McAllister Field, will promote increased commercial air commerce as well as provide economic development for the Yakima Valley community, and therefore is in the best interests of residents of the City of Yakima; Now, Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute and administer the attached and incorporated agreement with Cliff Thorn Construction in an amount of two million, seven-hundred and fifty-five thousand, one-hundred and forty-five dollars and seventy-six cents ($2,755,145.76) to construct phase 1A upgrades for the terminal building at Yakima Air Terminal-McAllister Field. ADOPTED BY THE CITY COUNCIL this 15th day of April, 2025. ATTEST: Patricia Byers, Mayor Rosalinda Ibarra, City Clerk 112 YAKIMA AIR TERMINAL PHASE 1A UPGRADES YAKIMA,WASHINGTON SECTION 24. CONTRACT FORM THIS AGREEMENT, made the day of , 2025, by and between, Cliff Thorn Construction hereinafter called the "CONTRACTOR," and the City of Yakima hereinafter called the "OWNER". WITNESSETH: That the CONTRACTOR and the OWNER, for the consideration hereinafter named, agree as follows: ARTICLE 1: SCOPE OF WORK: The CONTRACTOR shall furnish all labor, tools, materials, equipment and supplies required for the Yakima Air Terminal Phase 1A Upgrades in accordance with the Contract Documents, plans and specifications for AlP No. 3-53-0089-057/058-2024. The approximate quantities of work are shown in the Bid Proposal bound in this document. ARTICLE 2: TIME OF COMPLETION: The work to be performed under this Contract shall be commenced on the date specified in the Notice to Proceed and shall be completed within 150 Calendar Days. The CONTRACTOR agrees to pay, as liquidated damages,the following sums: Up to Three Thousand Dollars and No Cents Per Day ($3,000.00) for each consecutive Calendar Day thereafter, the work remains uncompleted. The time for completion shall include the time necessary to order and procure materials. The CONTRACTOR may not begin actual field installation of work until he can demonstrate that all materials are available, and weather conditions will allow completion of any work such as pavement repairs. The intent is to reduce the impact to airport operations and field engineering time. The CONTRACTOR shall present a project schedule prior to field installations, to ensure progressive completion. ARTICLE 3: THE CONTRACT SUM:The OWNER shall pay the CONTRACTOR for the performance of the Contract, subject to additions and deductions provided therein, in current funds an amount equal to the estimated total bid, including tax, as provided in the Bid Schedule of Items and Prices, as follows: Two Million, Seven Hundred Fifty-Five Thousand, One Hundred Forty-Five Dollars and Seventy-Six Cents ($2,755,145.76) ARTICLE 4: PARTIAL PAYMENT: The OWNER will make payment on account to the CONTRACTOR as provided therein, as follows: Within 30 calendar days of the end of the previous month in which work was completed, One Hundred percent (100%) of the value, based on the contract price, of labor incorporated in the work as estimated by the ENGINEER, less the aggregate of previous payments, will be due the CONTRACTOR. Partial payments to the Contractor will not be made until approved Intent to Pay Prevailing wages have been filed and approved. —Washington Only] Partial Payments will not be made if there are any outstanding Certified Payrolls or No Work Performed Notices (NWP). Payrolls and NWP are required to be submitted to the Engineer within 10 days of Payroll. ISSUED FOR BID BID FORMS HNTB Project No. 82882 00 2000 -33 02/06/2025 ©2025 ECH Architecture/ HNTB Corporation 113 YAKIMA AIR TERMINAL PHASE 1A UPGRADES YAKIMA,WASHINGTON The Contractor shall provide the completed Certification of Payment (included in these contract documents) to the Engineer verifying all subcontractors been paid within the required time. The Certification shall be submitted within 15 days. No partial payment will be made to the Contractor until this certification is received. ARTICLE 5:ACCEPTANCE AND FINAL PAYMENT: Upon due notice from the CONTRACTOR of presumptive completion of the entire project,the ENGINEER and OWNER will make an inspection. If all construction provided for and contemplated by the contract is found to be completed in accordance with the contract, plans, and specifications, such inspection shall constitute the final inspection. The ENGINEER shall notify the CONTRACTOR in writing of physical or substantial completion as of the date of the final inspection. Prior to Project Acceptance and preparation of necessary State Notices, the CONTRACTOR shall submit evidence, satisfactory to the ENGINEER, that all Intents and Affidavits, payrolls, material bills, taxes and other indebtedness connected with the work have been submitted, filed and/or paid. The entire balance found to be due the CONTRACTOR, including the retained percentage shall be paid to the CONTRACTOR within thirty (30) days after all Washington State Clearances have been received by the Owner or the date of acceptance by the OWNER. The making and acceptance of the final payment shall constitute a waiver of all claims by the OWNER, other than those arising from unsettled liens, from faulty work appearing after final payment, or from requirements of the specifications, and of all claims by the CONTRACTOR, except those previously made and still unsettled. If, after the work has been substantially completed, full completion thereof is materially delayed through no fault of the CONTRACTOR, and the ENGINEER so confirms, the OWNER shall, upon a verification of the ENGINEER, and without terminating the contract, make full payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing partial acceptance, except that it shall not constitute a waiver of claims. ARTICLE 6: THE CONTRACT DOCUMENTS: The Invitation for Bid, Information for Bidders, Bid Proposal, FAA General Provisions, Federal Contract Clauses, Specifications for Construction,Additional Special Provisions,Appendices, and Plans, together with this Agreement, form the Contract, and they are as fully a part thereof and hereof as if hereto attached or herein repeated. All workers shall be paid the higher of the State or Federal Prevailing Wage Rate. The CONTRACTOR and all subcontractors will submit Intent to Pay Prevailing Wages and an Affidavit of Wages Paid, at appropriate times. The Federal Wage Determination(s) and the State Prevailing Wage Rates are included with this contract in Sections 4 and 5. It is the responsibility of the CONTRACTOR and all subcontractors to verify and ascertain that all worker classifications required for this project are included in Federal and State Wage rates prior to bid. The Contractor further agrees that they will notify the Engineer immediately of any missing classifications. The Contractor is responsible for any additional wages as the result of any Wage Conformance undertaken. ISSUED FOR BID BID FORMS HNTB Project No. 82882 00 2000 -34 02/06/2025 ©2025 ECH Architecture/ HNTB Corporation 114 YAKIMA AIR TERMINAL PHASE 1A UPGRADES YAKIMA,WASHINGTON ARTICLE 7: FEDERAL CONTRACT CLAUSES: The CONTRACTOR agrees by signing this contract,to certify and comply with all Federal regulations, clauses and certifications stipulated within these contract documents. 49 CFR Part 26 provides that each contract the OWNER enters into with a CONTRACTOR (and each subcontract the contractor signs with a subcontractor) shall include the following assurance: "The CONTRACTOR and its subcontractors shall not discriminate on the basis of race color, national origin, or sex in the performance of this contract. The CONTRACTOR shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of Department of Transportation (DOT) assisted contracts. Failure by the CONTRACTOR to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate" ARTICLE 8: QUANTITIES AND ADDITIONAL WORK: The OWNER reserves the right to increase or decrease any quantities shown in the Bid Schedule, and the CONTRACTOR agrees to perform additional work at the unit price bid for all increases or deduct for any decreases in the unit price bid. ARTICLE 9: INDEMNIFICATION AND HOLD HARMLESS: The CONTRACTOR shall take all necessary precautions in performing the Services to prevent injury to persons or property. The Contractor agrees to 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. 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. 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. Nothing contained in this Section, or this Contract shall be construed to create a liability or a right of indemnification in any third party. The terms of this Section shall survive any expiration or termination of this Contract. ISSUED FOR BID BID FORMS HNTB Project No. 82882 00 2000 -35 02/06/2025 ©2025 ECH Architecture/ HNTB Corporation 115 YAKIMA AIR TERMINAL PHASE 1A UPGRADES YAKIMA,WASHINGTON ARTICLE 10: PRIMARY INSURANCE AND WAIVER OF SUBROGATION: Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this Contract. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and neither the City nor its insurance providers shall contribute to any settlements, defense costs, or other payments made by Contractor's insurance. If at any time during the life of the Contract, or any extension, Contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the Contract. All additional insured endorsements required by this Section shall include an explicit waiver of subrogation. ARTICLE 11: INSPECTION, PRODUCTION AND RETENTION OF RECORDS: The records relating to the Services 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 performance of the Services in accordance with this Contract, 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 Services will be provided to the City upon the City's request. Contractor shall promptly furnish the City with such information and records which are related to the Services of this Contract as may be requested by the City. Until the expiration of six (6) years after final payment of the compensation payable under this Contract, 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 the Services performed by Contractor under this Contract. 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. All records relating to Contractor's services under this Contract must be made available to the City, and the records relating to the Services are City of Yakima records. They must be produced to third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to Contractor's services under this Contract must be retained by Contractor for the minimum period of time required pursuant to the Washington Secretary of State's records retention schedule. The terms of this section shall survive any expiration or termination of this Contract. ARTICLE 12. GOVERNING LAW: This Contract shall be governed by and construed in accordance with the laws of the State of Washington. ARTICLE 13. 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. ISSUED FOR BID BID FORMS HNTB Project No. 82882 00 2000 -36 02/06/2025 ©2025 ECH Architecture/ HNTB Corporation 116 YAKIMA AIR TERMINAL PHASE 1A UPGRADES YAKIMA,WASHINGTON ARTICLE 14: Nothing in this Agreement shall require Contractor or any of its subcontractor(s)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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CONTRACTOR OWNER Controller Cliff Thorn Construction, LLC ISSUED FOR BID BID FORMS HNTB Project No. 82882 00 2000 -37 02/06/2025 ©2025 ECH Architecture/ HNTB Corporation 117 .�"! r r rr \���� rx[ owr[wwr r1:1 - T ® OIIOUODOM Q 'MMA/IMNO J•U•B ENGINEERS,INC. J-U-B FAMILY OF COMPANIES March 24, 2025 Robert Hodgman Yakima Air Terminal — McAllister Field 2406 W Washington Ave, Suite B Yakima,WA 98903 RE: YAKIMA AIR TERMINAL— PHASE 1A UPGRADES - REBID Bid Review Summary Dear Rob, On Thursday, March 13, 2025, the City of Yakima held a bid opening and received two (2) bids for the Yakima Air Terminal — Phase 1A Upgrades Rebid project. The apparent low and responsible bid was submitted by Cliff Thorn Construction with a total price for the Base Bid Schedule and all Alternative Schedules in the amount of$2,852,305.76. The bid tabulation is enclosed. The totals of the two(2)received bids are summarized as follows: Bid Schedule Cliff Thorn Trico Companies Construction Base Bid Total $2,241,936.97 $4,703,035.40 Alternate 1 $ 160,264.51 $ 219,959.30 Alternate 2 $ 20,573.75 $ 320,306.40 Alternate 3A $ 77,244.98 $ 209,119.46 Alternate 3B $ 100,651.85 $ 254,473.61 Alternate 4 $ 154,473.71 $ 260,665.70 Total $2,755,145.76 $5,967,559.88 We have reviewed scanned copies of the received bid proposals. The bid documents for all bidders appear to be complete based on our review. Our review did not include verification of Bidder's business legal status,the signatory's authority to sign, or other possible reasons for considering the bids unresponsive. Sincerely, L2-444.6 Spencer Stephens, P.E., Project Manager J-U-B ENGINEERS, Inc. Enc: Bid Tabulation 118