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HomeMy WebLinkAboutR-2025-117 Resolution authorizing an agreement with Cliff Thorn Construction to construct terminal building baggage claim and restroom upgradesA RESOLUTION RESOLUTION NO. R-2025-117 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. ATTEST: Rosalinda Ibarra, City Clerk Patricia Byers, Mayor YAKIMA AIR TERMINAL BAGGAGE CLAIM AND TERMINAL EASTSIDE PASSENGER AREAS YAKIMA, WASHINGTON SECTION 24, CONTRACT FORM THIS AGREEMENT, made the 5th_day of August, 2025 by and between, Cliff Thorn Construction hereinafter called the "CONTRACTOR" and the City of Yakima/Yakima Air Terminal /McAllister Field_hereinalier called the "OWNER", WETNESSETH: That the CONTRACTOR and the OWNER, for the consideration hereinafter named, agree as follows: ARTICLE SCOPE OF 'WORK: The CONTRACTOR shall furnish all labor, tools, materials, equipment and supplies required for the YKM Baggage Claim and Terminal East Side WPOlin accordance with the Contract Documents, plans and specifications for Al P No, 3-53-0089-059-2024, AIP No, 3-53-0089-060-2025, and AIP No, 3-53-0089-062-2025. 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 S500,000 for procurement of Baggage Handling Equipment, 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 he substantially completed within 150 Calendar Days from the date oldie NTP. The CONTRACTOR agrees to pay, as liquidated damages, the following sums: Up to $3,0001dav for each consecutive Calendar Day thereafter the work remains uncompleted, Th.e 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. ff possible and at Owner's option, Contractor shall return the equipment, and Owner shall be responsible for r all associated shipping and restocking fees, as well as all amounts not refunded to Contractor. OVVNER. is relying on its approval of and. receipt of Federal grant(s) to fund all or a portion of this Contract, The parties agree that OWNER'S approval of and receipt of the Federal funding is a material condition and term of this Contract, lentil 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. 08/04/2025 BID FORMS 002000- I YAKIMA AIR TERMINAL BAGGAGE CLAIM AND TERMINAL EASTSIDE PASSENGER AREAS YAKIMA, WASHINGTON 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 $2 4-71 229.00 1$ 1 104/2U23 BID FORMS 002000-2 YAKIMA AiR TERMINAL BAGGAGE CLAIM AND TERMINAL EASTSIDE PASSENGER AREAS YAKIMA, WASHINGTON 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 f 100%V 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 he made until approved Intent .to Pay Prevailing wages have been fiied and approved. Partial Payments will not he made if there are any outstanding Certified Payrolls or No Work Performed Notices (NWT). Payrolls and N WP are required to be submitted to the Engineer within 10 days of Payroll. The Contractor shall provide the completed Certification of Payment (included in these contract doctnrtents! to the Engineer verifying all subcontractors been paid within the required time. The Certification shaIl be submitted with 1.5 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 ofthe 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 ofthe date ofthe final inspection. Prior to Project Acceptance and preparation ofnecessary 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 t'he retained percentage shall he 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 ofthe 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. 1 f, 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 ofthe ENGINEER, and without terminating the contract, make full payment of the balance due for that portion of the work fatly completed and accepted. Such payment shall be made under the terms and conditions governing partial acceptance, except that it shall not conswaiver ofchiims, ARTICLE 6: THE CONTRACT DOCUMENTS: The invitation for Bid, In fora ationfor 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 ifhereto attached or herein repeated. All workers shall be paid the higher of the State or federal Prevailing Wage Rate, CONTRACTOR and all subcontractors will submit intent to Pay Prevailing Wages and an Affidavit of Wages Paid, at appropriate times. The Federal Wage'Deterrnination(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. O$,/04/2: 25 BID 1 ORMS 1102000�3 YAKIMA AIR TERMINAL BAGGAGE CLAIM AND TERMINAL EASTSID[ PASSENGER AREAS YAKIMA, WASHINGTON ARTICLE 7: h'L;DERAIL CON" I'RAC'T CLAUSES: The CONTRACTOR agrees by signing this contract, to cc and comply wi Federal regulations, clauses and certifications stipulated within these contract documents. 49 CI'R 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 ex itt the performance of this contract. The CONTRACTOR shall carry out applicable requirements of49 C. R 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 res' decrease any quantities shown in the laid Schedule, and the CONTRACTOR agrees to perform additional work at the unit price bid for afl increases or deduct for any decreases in the unit price bid. rease or 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, indemnity, 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 .pact 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 RC'V . solely for the purposes ofthis indemnification. Contractor's indemnification shall not he 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 Agreenrem, comply with the terms ofthis 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 corttpetent jurisdiction determine that this Agreement is subject to RCW' 4.24.1 15, 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 ofthe Contractor and the City, the Contractor's liability, including the duty and cost to defend, shall he only to the extent of the Contractor's negl igence. Nothing contained in this Section. or this Contract shall be construed to create a liability or a right of indennrifk'atat n in any third party. The terms of this Section shall survive any expiration or termination of this Contract. AR"I'IC°LF: 1.0: PRIMARY INSURANCE AND WAIVER OF SI.IBROGATiON: 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 fall force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause. t'or the City to terminate the Conti -act. All additional insured endorsements fired by this Section shall include an esplicit waiver afsubrogation. its/04. FORMS 002000-4 BAGGAGE CLA YAKIMA AIR TERMINAL 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, he subject to inspection by and -with the approval of the City, but the making oftor 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 he 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 ofState'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 hooks, 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 Suite's records retention schedule. The terns of this section shall survive any expirati ARTICLE 12. GOVERNING LAW: This Contract shall b of the State of Washington. tract. d con trued in accordance with the laws ARTICLE 11 RCW 35.22.650: Contractor agrees that the Contractor shall actively stshcit the employ°tnent of minority group members. Contractor further agrees that the Contractor shall actively solicit bids 'I r 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 th.e 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 suhcontra.ctorfs) to take action that would be deemed discriruina'tion 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. 010)4/2025 B1t) FORMS 002000-40 BAGGAGE CLAI: OWNER may term YAKIMA AIR TERMINAL AND TERMINAL EASTSIDE PASSENGER AREAS YAKIMA, WASHINGTON s 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 ofbusinessof either party as set forth in this Contract, This Contract is funded, in part by grant funds received or to he 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 summarilyr 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, IfOWNER terminates under the terms ofthis Article, art 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 (21 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, O\VNLR shall consider the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a loam or of a type which is usable and suitable to OWNER R 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 :ONTRACTOR'S RA(1 OR'S default. This provision shall not preclude OWNER from filing claims andior 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 terntirration notice tinder 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 oldie same. For the avoidance of doubt, the in -ten ta (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°o of the work, including equipment and materials purchased by Contractor, then Contractor would be entitled to 1 /2 the Conlra.ct mount). IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above w CONTRACTOR OWNER. R. "(: r 8 t)02000-41 CITY CONTRACT NO: D?, RESOLUTION NO: ' "" 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