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Home My WebLink About02/21/2023 - 06.I. Resolution ratifying the declaration of an emergency for the Capitol Theatre HVAC with Bruce Mechanical EPO 2216E Project 2686BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.I. For Meeting of: February 21, 2023 ITEM TITLE:Resolution ratifying the declaration of an emergency for the Capitol Theatre HVAC with Bruce Mechanical EPO 2216E Project 2686 SUBMITTED BY:Scott Schafer, Director of Public Works * Bill Preston, City Engineer (509) 576-6754 SUMMARY EXPLANATION: The Capitol Theatre's control system for the Heating Ventilation and Air Conditioning (HVAC) Control System is not operational. Emergency Purchase Order Justification #2216E will allow for replacement of the control system and associated components. On October 31, 2022, the City Manager declared an emergency PO 2216E to allow for the repairs. Bruce Mechanical Inc will complete the work at a cost of $81,242.00. This resolution is to ratify the declaration of emergency that authorized the emergency work required to provide for the repair of the Capitol Theatre's heating ventilation and air conditioning control system. ITEM BUDGETED:Yes STRATEGIC PRIORITY:Public Safety APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution ATTACHMENTS: Description Upload Date Type resolution 2/16/2023 Cover Memo EPO 1/24/2023 Backup Material Contract 2/13/2023 Contract 1 RESOLUTION NO. R-2023-____ A RESOLUTION ratifying the declaration of an emergency and authorizing the City Manager to execute all applicable contracts for the Capitol Theatre HVAC Control System EPO 2216E Project 2686. WHEREAS, Article VI, section 6 of the City of Yakima Charter and the Yakima Municipal Code Chapter 1.80 provide that the City Council may declare an emergency and waive the bidding requirement for supplies, material, equipment or services; and WHEREAS, RCW 39.04.280 provides for emergency public works projects to move forward without complying with bidding requirements; and WHEREAS, there was imminent failure of the Heating, Ventilation, and Air Conditioning (HVAC) Control System located at the Capitol Theatre; and WHEREAS, the Control System for the HVAC was not operational and the climate control system could not adjust the thermostat temperature, requiring immediate repair to protect the building; and WHEREAS, an emergency was declared by the City Manager on October 31, 2022, allowing the Capitol Theatre to proceed with the contracting with Bruce Mechanical Inc. to replace the HVAC Control System and associated components; and WHEREAS, the cost of the system and associated components including tax totaled $81,242.00, resulting in the need to seek ratification by City Council via resolution, in accordance with City of Yakima Administrative Code ADM 3-500 City Procurement Manual which requires approval by City Council for emergency costs exceeding $50,000; and WHEREAS, the City Council deems it to be in the best interest of the City and its residents to ratify the City Manager’s declaration of an emergency, and authorize the execution of all necessary contracts for the Capitol Theatre Heating, Ventilation, and Air Conditioning Control System, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The emergency, as declared on October 31, 2022 by the City Manager, is hereby ratified, the City Council resolves that there was an emergency, and the City Manager’s execution of all appropriate documents for the replacement of the Capitol Theatre HVAC Control System and associated components without calling for bids, is hereby ratified and approved. ADOPTED BY THE CITY COUNCIL this 21st day of February, 2023. ATTEST: Janice Deccio, Mayor Sonya Claar Tee, City Clerk 2 3 CONTRACT THtsAGREEMENT,madeandenteredintointriplicate,this P!a"uoff")AVA,gea/fi*abetweenthecitvofYakima, hereinafter called the Owner, and Bruce Mechanical, lnc., a Washington Corporation, hereinafter called the Contractor' tris fll day of M3 VgvL€ fi q,I', Orl I CAL IA c-ta_corporation WITNESSETH: That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows: l. The contractor shall do all work and furnish all tools, materials, labor and equipment for THE BID AMOUNT oF: S 81'242.00 , for Capitol Theatre HVAC Control Repairs proiect, all in accordance with, and as described in the attached specifications and the 2022 Standard Specifications for Road, Bridge, and Municipal Construction which are by this reference incorporated herein and made a part hereof, and shall perform any alterations in or additions to the work provided under this contract and every part thereof. \Mork shall start within ten (10) days after the Notice to Proceed and shall be completed in twenty (20) working days. The first chargeable working day shall be the 11th working day after the date on which the City issues the Notice to Proceed. , s:id work is not completed within the time specified, the Contractor agrees to pay to the Owner the sum specified in the Standard rpecifications for each and every day said work remains uncompleted after expiration of the specified time, as liquidated damages. The Contractors shall provide and bear the expense of all equipment; work and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in this contract and every part thereof, except such as are mentionecl in the specifications to be furnished by the City of Yakima. lt. TheCityofyakimaherebypromisesandagreeswiththeContractortoemploy,anddoesemploytheContractortoprovidethematerials and to do and cause to be done the above described work and to complete and finish the same according to the attached plans and specifications and the terms and conditions herein contained and hereby contracts to pay for the same according to the attached specifications and the schedule of unit or itemized prices hereto attached, at the time and in the manner and upon the conditions provided for in this contract. ilt. INDEMNIFICATION. TheContractorshallrelease,indemnify,defend,andholdharmlesstheCity,itselectedandappointedofficials,officers, employees, agents, representatives, insurers, attorneys, and volunteersfrom 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, fai lures to act, errors or omissions of the Contractor, or any Contra ctor's agent or su bcontractor, in performa nce of this Agreement, except for claims caused by the City's sole negligence. The City's right to indemnification includes attorney's fees and costs associated with establishing the right to indemnification hereunder in favor of the City. lV. The Contractorfor himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part ofthe Contractor. V. ltisfurtherprovidedthatnoliabilityshall attachtotheCityofYakimabyreasonofenteringintothiscontract,exceptasexpresslyprovided herein. ,j WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first herein above written. Countersigned: CITY OF YAKIMA CONTRACTOR Contractor By: City Manager Attest: CITY CONTRACT NO: (Print Na /\^aIts: (President,Owner 1 ro\\ RESOLUTION NO: Clerk Address:5tt t^)TLS >rLL 4