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HomeMy WebLinkAbout08/04/2025 09.E. Resolution authorizing an agreement with Cliff Thorn Construction to construct terminal building baggage claim and restroom upgrades r `y s ljlt ii! s . BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 9.E. For Meeting of: August 4, 2025 ITEM TITLE: Resolution authorizing an agreement with Cliff Thorn Construction to construct terminal building baggage claim and restroom upgrades SUBMITTED BY: Robert Hodgman, Director of Yakima Air Terminal SUMMARY EXPLANATION: This agreement will authorize Cliff Thorn Construction to construct a new baggage claim area in the airport terminal building, including a baggage carousel, to construct new bathrooms including a family bathroom, and to construct a new family lounge area. ITEM BUDGETED: Yes STRATEGIC PRIORITY 24-25: A Resilient Yakima RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Resolution -YKM - Baggage Claim construction award.docx CTC Contract_final.pdf 270 RESOLUTION NO. R-2025- A RESOLUTION authorizing the execution of an agreement with Cliff Thorn Construction to construct baggage claim and restroom 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 baggage claim and restroom upgrades under a competitive bidding process and received one bid that was thoroughly evaluated; the airport has identified the bidder is a responsive and responsible bidder and has provided a letter of recommendation to the FAA to award the bid; and WHEREAS, the carousel equipment for the baggage claim is custom built and requires a long lead time; and WHEREAS, both FAA and county SIED funds are available for the baggage carousel equipment acquisition; and WHEREAS, the City and Airport will give limited notice to proceed for carousel equipment acquisition only; and WHEREAS, the City and Airport will not give full notice to proceed until all funds are secured and available; and WHEREAS, 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 baggage claim and restroom 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, four-hundred and seventy-one thousand, two-hundred and twenty-nine dollars and zero cents ($2,471,229.00) to construct baggage claim and restroom upgrades for the terminal building at Yakima Air Terminal-McAllister Field. ADOPTED BY THE CITY COUNCIL this 4th day of August, 2025. 271 ATTEST: Patricia Byers, Mayor Rosalinda Ibarra, City Clerk 272 YAKIMA AIR TERMINAL BAGGAGE CLAIM AND TERMINAL EASTSIDE PASSENGER AREAS YAKIMA,WASHINGTON SECTION 24. CONTRACT FORM THIS AGREEMENT,made the twentieth day of, May ,2025 by and between, City of Yakima/Yakima Air Cliff Thorn Cconstruction hereinafter called the "CONTRACTOR," and the TerminalfMcAllisterField 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 YKM Baggage Claim and Terminal East Side WP01 in accordance with the Contract Documents,plans and specifications for AIP No. 3-53-0089-059-2024 . The approximate quantities of work are shown in the Bid Proposal bound in this document. ARTICLE 2: EFFECTIVE DATE&TIME OF COMPLETION: The Effective Date of this Contract shall be the date of the last signature hereon. No later than the fourteen(14)days from the Effective Date,Owner shall issue a Limited Notice to Proceed("LNTP")to Contractor. Upon receipt of the LNTP, Contractor is authorized to order ,but no other materials or equipment. No earlier than fourteen(14)days after the date of the LNTP,and not later than forty-five (45)days after the date of the LNTP,Owner shall issue an unlimited Notice to Proceed("NTP")to CONTRACTOR,and CONTRACTOR shall commence work as soon as reasonably possible thereafter, subject to other terms and conditions of the Contract Documents. The work to be performed under this Contract shall be substantially completed within 150 Calendar Days from the date of the NTP. The CONTRACTOR agrees to pay,as liquidated damages,the following sums: Up to $3,000/day ($ 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 Contract Time shall be extended as necessary to account for such weather conditions or other force majeure events. 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. In the event Owner fails to timely issue a LNTP,this Contract shall be considered terminated for the convenience of the Owner and Contractor shall not be entitled to any compensation. In the event Owner fails to timely issue a NTP, this Contract shall be considered terminated for the Owner's convenience and Owner shall pay Contractor for the cost of authorized equipment ordered by Contractor to the date of NTP,together with any shipping and other associated costs. If possible and at Owner's option, Contractor shall return the equipment,and Owner shall be responsible for all associated shipping and restocking fees,as well as all amounts not refunded to Contractor. OWNER is relying on its approval of and receipt of Federal grant(s)to fund all or a portion of this Contract. The parties agrees that OWNER'S approval of and receipt of the Federal funding is a material condition and term of this 03/21/2025 BID FORMS 002000-37 273 YAKIMA AIR TERMINAL BAGGAGE CLAIM AND TERMINAL EASTSIDE PASSENGER AREAS YAKIMA,WASHINGTON Contract. Until the applicable grant(s)are approved and the Federal funds are received by OWNER,OWNER has no obligation to issue or provide the Notice to Proceed to CONTRACTOR. 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,Four Hundred Seventy-One Thousand,Two Hundred Twenty-Nine Dollars and Zero Cents $2,471,229.00 ($ 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 and the equipment and materials purchased by Contractor during the previous month,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. 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. 03/21/2025 BID FORMS 002000-38 274 YAKIMA AIR TERMINAL BAGGAGE CLAIM AND TERMINAL EASTSIDE PASSENGER AREAS 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. 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: 03/21/2025 BID FORMS 002000-39 275 YAKIMA AIR TERMINAL BAGGAGE CLAIM AND TERMINAL EASTSIDE PASSENGER AREAS YAKIMA,WASHINGTON "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. 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. 03/21/2025 BID FORMS 002000-40 276 YAKIMA AIR TERMINAL BAGGAGE CLAIM AND TERMINAL EASTSIDE PASSENGER AREAS YAKIMA,WASHINGTON 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. 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. ARTICLE 15. TERMINATION.OWNER may terminate this Contract,in whole or in part,if CONTRACTOR materially breaches its obligations under this Contract and is in default through no fault of OWNER. However,no such termination may be effected unless CONTRACTOR is given: (1)not less than fifteen(15)calendar days written notice delivered by certified mail,return receipt requested,of intent to terminate;and(2)an opportunity for consultation with OWNER and for cure within the 15-day notice period before termination. 03/21/2025 BID FORMS 002000-40 277 YAKIMA AIR TERMINAL BAGGAGE CLAIM AND TERMINAL EASTSIDE PASSENGER AREAS YAKIMA,WASHINGTON OWNER may terminate this Agreement for its convenience,in whole or in part,provided the CONTRACTOR is given: (1)not less than fifteen(15)calendar days written notice delivered by certified mail,return receipt requested, of intent to terminate;and(2)an opportunity for consultation with OWNER before the effective termination date. Notice under the prior two(2)paragraphs shall be considered issued within seventy-two(72)hours of mailing by certified mail to the place of business of either party as set forth in this Contract. This Contract is funded,in part by grant funds received or to be received by OWNER. If funding from the Federal government is withdrawn,reduced or limited in any way after the effective date of this Contract,and prior to its completion,OWNER may summarily terminate this Contract as to the funds reduced or limited,notwithstanding any other termination provision of this Contract. If the level of funding so reduced or limited is so great that OWNER deems that the continuation of the project covered by this Contract is no longer in the best interest of the OWNER, OWNER may summarily terminate this Contract in whole notwithstanding any other termination provisions of this Contract. Termination under this Section shall be effective upon receipt of written notice by the CONTRACTOR. OWNER agrees to promptly notify the CONTRACTOR of any proposed reduction in funding by Federal or other officials. CONTRACTOR agrees that upon receipt of such notice it shall take appropriate and reasonable action to reduce its spending in the affected funding area so that expenditures do not exceed the funding level which would result if said proposed reduction became effective. If OWNER terminates under the terms of this Article,an adjustment in the contract price pursuant to the Contract shall be made,but(1)no amount shall be allowed for anticipated profit on unperformed services or other work,and (2)any payment due to the CONTRACTOR at the time of termination may be adjusted to the extent of any additional costs or damages OWNER has incurred,or is likely to incur,because of the CONTRACTOR'S breach,if any. In such event,OWNER shall consider the amount of work originally required which was satisfactorily completed to date of termination,whether that work is in a form or of a type which is usable and suitable to OWNER at the date of termination and the cost to OWNER of completing the work itself or of employing another firm to complete it. Under no circumstances shall payments made under this provision exceed the contract price. In the event of default,the CONTRACTOR agrees to pay OWNER for any and all damages,costs,and expenses caused by CONTRACTOR'S default. This provision shall not preclude OWNER from filing claims and/or commencing litigation to secure compensation for damages incurred beyond that covered by contract retainage or other withheld payments. The Parties waive all claims for consequential damages against one another. Upon receipt of a termination notice under this Article,the CONTRACTOR shall(1)promptly discontinue all services affected(unless the notice directs otherwise),and(2)deliver or otherwise make available to OWNER all originals of data,drawings, specifications,calculations,reports,estimates, summaries,and such other information, documents,and materials as the CONTRACTOR or its subcontractors may have accumulated or prepared in performing this Contract,whether completed or in progress,with the CONTRACTOR retaining copies of the same. For the avoidance of doubt,the intent of this Article 15 is that in the event Owner terminates this Contract for its convenience or"summarily terminates"it for lack of funding,Owner will pay Contractor for the proportionate share of the Contract completed to the date of termination (e.g.,if the Contractor has completed 50%of the work, including equipment and materials purchased by Contractor,then Contractor would be entitled to 1/2 the Contract Amount). IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written. CONTRACTOR OWNER 03/21/2025 BID FORMS 002000-41 278 YAKIMA AIR TERMINAL BAGGAGE CLAIM AND TERMINAL EASTSIDE PASSENGER AREAS YAKIMA,WASHINGTON 03/21/2025 BID FORMS 002000-42 279