HomeMy WebLinkAbout06/06/2023 06.I. Resolution authorizing bid award agreement with Hurst Construction LLC. for AIP No. 3-53-0089-055-2023 for Taxilane Charlie Extension 1
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 6.1.
For Meeting of: June 6, 2023
ITEM TITLE: Resolution authorizing bid award agreement with Hurst Construction
LLC. for Al P No. 3-53-0089-055-2023 for Taxilane Charlie
Extension
SUBMITTED BY: Jaime Vera,Airport Operations and Maintenance Manager
SUMMARY EXPLANATION:
The Yakima Air Terminal-McAllister Field has recently completed an Airport Master Plan Update,
which details a variety of Federal Aviation Administration required capital improvement projects,
including construction and extension of the airport's Taxilane Charlie infrastructure.
Implementation of approximately 1,900 feet of Taxilane system for future hangar development,
pavement markings, relocation of the airport's perimeter fencing, and installation of an airport
vehicle gate and pedestrian gate.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Economic Development
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOM M ENDAT ION:
Adopt resolution.
ATTACHMENTS:
Description Upload Date Type
❑ Resolution 6/2/2023 Corer Memo
0 Hurst Construction Contract 5/15/2023 Contract
2
RESOLUTION NO. R-2023-
A RESOLUTION authorizing an agreement with Hurst Construction, LLC to construct the Taxilane
Charlie Extension project 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, in 2023, the Federal Aviation Administration (FAA) and the Yakima Air Terminal-
McAllister Field identified the need to build and extend the airport's Taxilane Charlie infrastructure,
including construction of approximately 1,900 feet of Taxilane system for future hangar development,
pavement markings, relocation of the airport's perimeter fencing, and installation of an airport vehicle the
Yakima Air Terminal-McAllister Field; and
WHEREAS, the Yakima Air Terminal-McAllister Field advertised the need to build and extend the
airport's Taxilane Charlie infrastructure under a competitive bidding process and received four 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, the Yakima Air Terminal-McAllister Field has coordinated with the Federal Aviation
Administration through the airport's Capital Improvement Plan to utilize approximately $1,955,690.00 of
federal grant funds and approximately $217,300.00 of Passenger Facility Charge funds, used as the
airport's local match requirement, to fund the work to be performed under the terms of the Construction
Agreement; and
WHEREAS, contingent upon receiving FAA funds and approval to award the bid to the lowest
responsive and responsible bidder, the City of Yakima would be ready to enter into the contract with
Hurst Construction, attached hereto, to build and extend the airport's Taxilane Charlie infrastructure; and
WHEREAS, the City Council deems it to be in the best interest of the City and its residents to
authorize the execution of an agreement with Hurst Construction, LLC to construct Taxilane Charlie
Extension project at the Yakima Air Terminal-McAllister Field and if grant funds are awarded, to accept
the funds for the purposes identified, Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
1. The City Manager is hereby authorized and directed to execute, contingent on receipt of the
above-mentioned FAA grant funds, the attached and incorporated Construction Agreement
with Hurst Construction, LLC in the amount not to exceed two million one hundred seventy-
two thousand nine hundred eighty-nine dollars ($2,172,989.00), to construct the airport's
Taxilane Charlie Extension Project 3-53-0089-055-2023.
2. If grant funds are awarded, the City Manager is further authorized and directed to accept and
spend said grant funds to be applied to the purposes specified above.
ADOPTED BY THE CITY COUNCIL this 6th day of June, 2023.
ATTEST: Janice Deccio, Mayor
Rosalinda Ibarra, City Clerk
3
CITY OF YAKIMA
YAKIMA AIR TERMINAL,MCALLISTER FIELD
Taxilane Charlie Extension
AIP#3-53-0089-052-2022
CONTRACT FORM
THIS AGREEMENT,made the day of , 2023, by and between, Hurst
Construction LLC 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 Taxilane Charlie Extension in accordance with the Contract Documents,plans and specifications
for AIP No. 3-53-0089-052-2022. 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 65 Working Days.The CONTRACTOR agrees to
pay,as liquidated damages,the following sums:
Three Thousand Dollars and No Cents per calendar day($3,000.00)
For each consecutive Working 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, One Hundred Sixty-Seven Thousand, Five Hundred Seventy-Four Dollars and Sixty-Eight Cents
($2,167,574.68)
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. 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.Affidavits
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.
45-21-021/Yakima Air Terminal—McAllister Field Page 1-33
4
CITY OF YAKIMA
YAKIMA AIR TERMINAL,MCALLISTER FIELD
Taxilane Charlie Extension
AIP#3-53-0089-052-2022
CONTRACT FORM(Continued)
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: 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.
45-21-021/Yakima Air Terminal—McAllister Field Page 1-34
5
CITY OF YAKIMA
YAKIMA AIR TERMINAL,MCALLISTER FIELD
Taxilane Charlie Extension
AIP#3-53-0089-052-2022
CONTRACT FORM (Continued)
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. This section shall
replace specification 70-11.
ARTICLE 8: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 9: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.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written.
CITY OF YAKIMA HURST CONSTRUCTION
BY: -----'4_17Liff
Q
City Manager
er
Date: Date: L-k -
(Print name)
Attest:
City Clerk
45-21-021/Yakima Air Terminal—McAllister Field Page 1-35
6
CITY OF YAKIMA
YAKIMA AIR TERMINAL,MCALLISTER FIELD
Taxilane Charlie Extension
AIP#3-53-0089-052-2022
NOTICE OF AWARD
To: Hurst Construction LLC Dated:April l 1,2023
PO Box 990k
Wenatchee,WA 98807
PROJECT DESCRIPTION:AIP 3-53-0089-052-2022 Taxilane Charlie Extension
The OWNER has considered the Bid submitted by you for the above-described Work in response to its Invitation for
Bid dated March 3,2023,and Information for Bidders.
You are hereby notified that your Base Bid has been accepted for items in the amount of Two Million,One Hundred
Sixty-Seven Thousand,Five Hundred Seventy-Four Dollars and Sixty-Eight Cents(52,167,574.68)
You are required by the Information for Bidders to fully execute the Agreement and furnish the required
CONTRACTOR'S Performance Bond,Payment Bond and Certificates of Insurance within fifteen(15)calendar days
from the date of this Notice to you,which is by April 26,2023.
If you fail to execute said Agreement and to furnish said Bonds within fifteen(15)calendar days from the date of this
Notice,said OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance of your Bid as
abandoned and as a forfeiture of your Bid Bond.The OWNER will be entitled to such other rights as may be granted by
law.
You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER
Dated this day of ,20_
OWNER
By:
Signature
Title:
ACCEPTANCE OF NOTICE OF AWARD
Receipt of the NOTICE OF AWARD is hereby acknowledged by c-ICSSE I-I k as-r ,this /1 day of
4p121L ,202.3
CTO
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Title: ")flgSiven f
45-21-021/Yakima Air Temrinal-McAllister Field Page 1-32