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HomeMy WebLinkAboutR-2026-105 agmt with Interstate Concrete_construction svcs_runway rehab crosswind runway projA RESOLUTION RESOLUTION NO. R-2026-105 authorizing the award and contract with Interstate Concrete & Asphalt for the Rehabilitation Legacy Crosswind Runway 4/22 Construction at the Yakima Air Terminal — McAllister Field. WHEREAS, the City owns and operates the Yakima Air Terminal -McAllister Field in accordance with applicable Federal, State, and Local regulations; and, WHEREAS, The Federal Aviation Administration makes federal grants available to airports to maintain and improve airport facilities; and, WHEREAS, in accordance with the Yakima Air Terminal -McAllister Field Airport Master Plan, which details a variety of Federal Aviation Administration required capital improvement projects, including the Rehabilitation Legacy Crosswind Runway 4/22; and, WHEREAS, the Yakima Air Terminal- McAllister Field has coordinated with the Federal Aviation Administration through the airport' s Capital Improvement Plan to utilize approximately Five Hundred Twenty -Nine Thousand One Hundred and Four ($529,104.00) dollars From AIG Grant 3-53-0089-63-2026, Two Million Six Hundred and Twenty -Eight Thousand Six Hundred and Sixty ($2,628,660.00) dollars from AIP Grant 3-53-0089-64-2026 and approximately One Hundred Sixty -Six. Thousand One Hundred Ninety -Eight dollars and Severity Cents ($166,198.70) Passenger Facility Charges (PFC's) for the airport's local match requirement, to fund the work to be performed on the Terminal Modernization Project Phase 1A; and WHEREAS, the City Council deems it to be in the best interest of the City and its residents to authorize the award to and contract with Interstate Concrete & Asphalt for the Rehabilitation Legacy Crosswind Runway 4/22 Construction not to exceed Three Million Twelve Thousand Nine Hundred Seventy -Seven dollars and Seventy -Three cents ($3,012,977.73) to provide the Construction Services as described in the Agreement; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to award and execute a Construction Services Agreement with Interstate Concrete & Asphalt, attached hereto and incorporated herein by this reference, not to exceed Three Million Twelve Thousand Nine Hundred Seventy -Seven dollars and. Seventy Three cents ($3,012,977.73) dollars to provide the Construction Services as described in the Agreement. ADOPTED BY THE CITY COUNCIL this 7th day of July, 2026. ATTEST: Ro alinda Ibarra, CMC, City Clerk City of Yakima Yakima Air Terminal — McAllister Field Runway 4/22 Pavement Rehabilitation AM #3-53-0089-061-2025 CONTRACT FORM THIS AGREEMENT, made the day of by and between. Interstate Concrete & Asphalt 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 vs: ARTICLE 1: SCOPE OF WORK: The CONTRACTOR shall furnish all labor, tools, materials, equipment and supplies required for the Runway 4/22 Pavement Rehabilitation in accordance with the Contract Documents, plans and specifications for ALP No, 3-53-0089-061-2025. The approximate quantities of work are shown in the Bid Proposal hound in this document, ARTICLE 2: TIME OF COMPLETION: The work to be performed under this Contract shall he commenced on the date specified in the 'Notice to Proceed, and shall be completed within 36 Working Days (additional project phase specific time .restrictions also apply as outlined by the contract documents). The CONTRACTOR agrees to pay, as liquidated damages, the following SUMS: Four Thousand Five Hundred Dollars and No Cents .(S.4.500.00) for each consecutive working day the work. remains uncompleted beyond contract allocated time allotment. -and- Up to SI,820 per I 5-minute block: (or part thereof) for delay in scheduled airline flight caused by Contractor's operations and failure to open runway on time. -or- Up to 524,300 per cancellation of scheduled commercial flight caused by Contractor's operations and failure to open runway on time. 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: Three Million. Twelve Thousand, Nine _Hundred Seventy -Seven Dollars and Seventy -Three' S3,012,977.73) 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 valu.e, 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 tiled and approved, Partial Payments will not be made if there are any outstanding Certified Payrolls or No Work 45-25-039 ., Yakima Air Terminal — McA11ilr Field J-U-B Master Revision Date 1 -2025 Page 1 City of Yakima Yakima Air Terminal — McAllister Field Runway 4/22 Pavement Rehabilitation AIP #3-53-0089-061-2025 CONTRACT FORM (Continued) Performed Notices (NWP). Payrolls and NWP 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 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 5 and 6. 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: "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 45-25-039 / Yakima Air Terminal — McAllister Field J-U-B Master Revision Date I -2025 Page 2 City of Yakima Yakima Air Terminal — McAllister Field Runway 4/22 Pavement Rehabilitation AIP #3-53-0089-061-2025 CONTRACT FORM (Continued) 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: OUANTITIES 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. 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- 45-25-039 / Yakima Air Terminal — McAllister Field J-U-B Master Revision Date 1-2025 Page 3 City of Yakima Yakima Air Terminal — McAllister Field. Runway 4/'22 Pavement Rehabilitation AIP #3-53-0089-061-2025 CONTRACT FORM (Continued) complying perforntance, .its substantiality or the ease of its discovery. Contractor shall provide the City sufficient. safe, and proper facilities, andfor 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 ittfoand 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 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 oldie 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 he 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 terns of th 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 l3: Nothing in this Agreement shall require Contractor or any of its subcontractor(s) to take action that would be deemed discrimination orpreferential treatment in violation of RCW 49.60.400. Pursuant to RCW 49.60.400(6), this Section does not prohibit action that must he taken to establish or maintain the City of Yakirna.'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 w Jeffrey Kyle Hopkins Construction Manager OWNER CITY CONTRACT NO:2('- l o RESOLUTION NO: •l (3 45-25-039! Yakima tiir`ter :Ina[—fw1cAilisr .I-t)-43 6Maslr r Rcvisle5n [?ate 9- t)25 ITEM TITLE: SUBMITTED BY: SUMMARY EXPLANATION: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.L. For Meeting of: July 7, 2026 Resolution authorizing a contract with Interstate Concrete to perform construction services for Runway Rehabilitation of Crosswind Runway 4-22, Yakima Air Terminal -McAllister Field. (FAA/PFCs) Christopher Hopkins, Director of Yakima Air -Terminal A resolution authorizing the City Manager to execute a contract with Interstate Concrete and Asphalt, in the amount of Three Million, Twelve Thousand, Nine Hundred Seventy -Seven. Dollars and Seventy - Three Cents ($3,012,977.73), to perform construction services for Runway Rehabilitation of Crosswind Runway 4-22, Yakima Air Terminal - McAllister Field. The Federal Aviation Administration (FAA) has approved the grant for project Contract management Services. No City General Revenue funds are being used in this project. • AIG Grant 063 - $529,104.00 • AIP Grant 064 - $2,628,660.00 • FAA share of project — 95% • Total project cost - $3,323,962.70 • Source of local funds — Passenger Facility Charges (PFCs) $166,198.70 ITEM BUDGETED: Yes STRATEGIC PRIORITY 24-25: An Engaged Yakima RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Resolution_Interstate Concrete_construction svcs_runway rehab crosswind runway proj Interstate_YKM_Rwy4-22_Contract_UNSIGNED_FOR_LEGALREVIEW.pdf 89