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Home My WebLink AboutR-2024-096 Resolution authorizing an agreement with M.G. Wagner Company Inc for the Henry Beauchamp Jr. Community Center Re-Roofing Project 2798 RESOLUTION NO. R-2024-096 A RESOLUTION authorizing an agreement with M.G. Wagner Company Inc. for the Henry Beauchamp Jr. Community Center Re-roofing Project 2798. WHEREAS, Project 2798 consists of removal of the existing roof and installation of a new roof; including improvements to the drainage system at the Henry Beauchamp Jr. Community Center (HBJCC); and WHEREAS, Project 2798 is funded with REET 1 funds; and WHEREAS, the City of Yakima (City) used the procedure established by Washington State law for the bidding and awarding of public capital improvement projects; and WHEREAS, M.G. Wagner Company Inc. was the low bidder and determined to be qualified to perform the needed construction work; and WHEREAS, the contract will be null and void if bond, certificate, and required insurance certificate and endorsement are not received within specified timeframe; and WHEREAS, the Scope of Work and Budget included in this contract and attachments and incorporations thereto meet the needs and requirements of the City for this Project; and WHEREAS, the City Council of the City of Yakima finds that entering into the contract with M.G Wagner Company Inc. for construction of the HBJCC roof replacement is in the best interests of the City and its residents; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1.The City Manager is hereby authorized to execute a contract with M.G. Wagner Company Inc., attached hereto and incorporated herein by this reference, not to exceed One Hundred Ninety-Five Thousand Seven Hundred Forty-Three Dollars and Fifty-Nine Cents ($195,743.59) to provide construction services for work outlined in the contract for the HBJCC Project 2798. Section 2. This will be null and void if bond, certificate and required insurance is not received as outlined in the contract, including the attachments and incorporations thereto. ADOPTED BY THE CITY COUNCIL this 21st day of May, 2024. r ATTEST: �rxir4��1 Patricia Byers, Mayor Jr'SEAL : Jf l osalinda Ibarra, City Clerk\ ,SHING�G=• CONTRACT THIS AGREEMENT, made and entered into in triplicate, this 23 day of April , 2024, by and between the City of Yakima, hereinafter called the Owner, and M.G. Wagner Co., inc., a Washington Corporation, hereinafter called the Contractor. 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: I. The Contractor shall do all work and furnish all tools,materials,labor and equipment for THE BID AMOUNT OF:$195,743.59, for Henry Beauchamp Jr.Community Center Re-Roofing Project,City Project No.2798,all in accordance with,and as described in the attached specifications and the 2024 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. Work shall start within ten(10) days after the Notice to Proceed and shall be completed in twenty-five(25)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. If said work is not completed within the time specified, the Contractor agrees to pay to the Owner the sum specified in the Standard Specifications 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 mentioned in the specifications to be furnished by the City of Yakima. II. The City of Yakima hereby promises and agrees with the Contractor to employ,and does employ the Contractor to provide the materials 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. III. INDEMNIFICATION. The Contractor shall 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. a. 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. b. 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. c. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in any third party. d. The terms of this Section shall survive any expiration or termination of this Contract. IV. The Contractor for 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 of the Contractor. V. It is further provided that no liability shall attach to the City of Yakima by reason of entering into this contract, except as expressly provided herein. IN 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 DV S- Aryl 2 3- day of AP i 1 2024. 1 M.G. Wagner Co . , Inc,.a X Corporation " _i Construction Company N N o V• By: . _ ? o anag Signature Contractor Signa e 0 Z • z Cc• o Z• ~ SX- 7-&-ko - t I Scott Wagner LL (Printed Name) ��.�� (Printed Name) cc —4 s(AK1Mq , Attest: I� 11 _, ! / flo ;; SEAL *i IA , 4 l /ir/i' . . ?; Its: President City Clerk f11 *:•. (President,Owner,etc.) 11t\\`\1` G °N-' Address: P.O. Box 9605 Yakima, WA 98909 1 fo,' ,...... . ,....,....:,,,‘ a, . ga BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.H. For Meeting of: May 21, 2024 ITEM TITLE: Resolution authorizing an agreement with M.G. Wagner Company Inc for the Henry Beauchamp Jr. Community Center Re-Roofing Project 2798 SUBMITTED BY: Scott Schafer, Director of Public Works * Kerry Jones, Fleet and Facility Manager SUMMARY EXPLANATION: The existing roof on the Henry Beauchamp Jr. Community Center(HBJCC) is failing, has experienced leaking over the past few years, and is in need of replacement. Project 2798 entails the removal and replacement of the roof along with improvements to the drainage system. M.G. Wagner Company Inc. was the low bidder at$195,743.59 and determined to be qualified to perform the necessary construction work. Enclosed for City Council review is the Agreement with M.G. Wagner Company Inc. in the amount not to exceed $195,743.59. The project is being funded by RE ET 1 funds. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Description Upload Date Type D Resolution Wagner HBJCC Roof 5/3/2024 D M.G.Wagner HBJCC Roof Contract 4/24/2024