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HomeMy WebLinkAbout09/05/2017 06I Snow Removal Equipment Agreement with M-B Companies, Inc.ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.1. For Meeting of: September 5, 2017 Resolution authorizing an agreement with M -B Companies, Inc. to provide required Snow Removal Equipment for the Yakima Air Terminal -McAllister Field SUBMITTED BY: Robert K. Peterson, Airport Director, 509-575-6149 SUMMARY EXPLANATION: The Yakima Air Terminal -McAllister Field is in the process of acquiring Snow Removal Equipment under a Federal Aviation Administration (FAA ) funded Airport Improvement Project 3-53-0089-38. Through close coordination with the FAA, it is recommended that the airport acquire two additional pieces of Snow Removal Equipment (Carrier and Broom Combos) to assist the airport in upholding required airfield safety standards. Through a competitive bidding process the airport received three bids which were evaluated and a lowest responsive and responsible bidder was identified. This agreement will award the contract to M -B Companies, Inc. in the amount of one million, one hundred eighty-seven thousand, seven hundred eighty-seven dollars, and fourteen cents ($1,187,787.14) to assemble and provide the two pieces of Snow Removal Equipment for the Yakima Air Terminal -McAllister Field. ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL: Yes Public Safety City Manager STAFF RECOMMENDATION: Adopt Resolution. BOARD/COMMITTEE RECOMMENDATION: N/A ATTACHMENTS: Description Upload Date Resolution ^4' 1 S'2O17 Ccnlract 'r2[1'2J1 7 Type Resoli Rion end r ct 2 3 RESOLUTION NO. R -2017- A RESOLUTION Authorizing the execution of an agreement with M -B Companies, Inc. to provide required Snow Removal Equipment for the 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, in 2016, the Federal Aviation Administration (FAA) adopted new safety standards applicable to winter weather operations (Takeoff and Landing Performance Assessment) to increase safety measures for commercial, corporate, and General Aviation aircraft that operate during snow and ice conditions; and WHEREAS the Yakima Air Terminal -McAllister Field, in conjunction with the FAA, have identified additional Snow Removal Equipment, identified in the airport's Snow and Ice Control Plan, to meet the new safety standards; and WHEREAS, the Yakima Air Terminal -McAllister Field advertised the need for the additional snow removal equipment under a competitive bidding process and received three 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, upon receiving FAA approval to award the bid to the lowest responsive and responsible bidder, the City of Yakima is now ready to enter into the contract with M -B Companies, Inc. that is attached hereto and incorporated herein by this reference to assemble and provide the specialized Snow Removal Equipment the Air Terminal requires; 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 aviation safety as well as provide for the general health, safety and welfare of the citizens and is therefore 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 M -B Companies, Inc., in an amount of one million, one hundred and eighty-seven thousand, seven hundred eighty-seven dollars and fourteen cents ($1,187,787.14) to assemble and provide the required Snow Removal Equipment for the Yakima Air Terminal -McAllister Field. ADOPTED BY THE CITY COUNCIL this 5th day of September, 2017. ATTEST: Kathy Coffey, Mayor Sonya Clear Tee, City Clerk 4 CONTRACT THIS AGREEMENT, made and entered into this day of , 2017, by and between THE YAKIMA AIR TERMINAL, an agency of the City of Yakima, hereinafter called the OWNER, and hereinafter called the Contractor, WITNESSETH: Said Contractor inconsideration of the sum to be paid him by the said OWNER and of the covenants and agreements herein contained, hereby agrees at his own proper cost and expense to do all the work and furnish all materials, toots, labor, and all appliances, machinery, and appurtenances for: The City of Yakima, Yakima Air Terminal, A.I.P. PROJECT NO. 3-53-0089-38, SNOW REMOVAL EQUIPMENT - RUNWAY BROOM AND CARRIER VEHICLE PROCUREMENT REBID, to the extent of the proposal made by the Contractor and agreed to by the OWNER dated the day of 2017, all in fullcompliance with the Contract Documents referred to herein. The "Invitation to Bid," the "Instructions to Bidders," the signed copy of the"Proposal," the "Bid Bond," the fully executed "Performance Bond" and 'Payment Bond," the "General Provisions, the "Supplementary Conditions," the "Specifications," and the "Plans," are hereby referred to and by reference made a part of this agreement as fully and completely as if the same were fully set forth herein and are mutually coopera- tive therewith. In consideration of the faithful performance of the work herein embraced, as set forth in these Contract Documents, and in accordance with the direction of the Engineer and to OWNER's satisfaction to the extent provided in the Contract Documents, the OWNER agrees to pay to the Contractor the amount bid as adjusted in accordance with the proposal as determined by the Contract Documents and specified by the OWNER or as otherwise herein provided, and based on the said proposal made by the Contractor and to make such payments in the mariner and times provided in the Contract Documents. The Contractor agrees to complete the work within the time specified herein and to accept as full payment hereunder the amounts computed as determined by the Contract Documents and based on the said proposal. The Contractor agrees to defend, indemnify, and save harmless the OWNER from any and all defects appearing or developing in the materials furnished and the workmanship performed under this CONTRACT for a period of one year after the date of final acceptance of the work in the CONTRACT by the Yakima Air Terminal. The provisions contained in these Contract Documents relating to prevailing wage rates are made a part of this CONTRACT as completely as if the same were fully set forth herein. 11 is agreed the time limit for completion of all work on this CONTRACT, based upon the proposal and as specified by the OWNER, shall be the number of calendar days after the date of the OWNER's written Notice to Proceed. In the event the Contractor shaII fail to complete the work within the time limit or the extended time limit agreed upon, as more specifically set forth in the Contract Documents, liquidated damages shall be paid at the rate of $500:00 per calendar day. Sundays and legal holidays shall be excluded in determining days in default. In the event of litigation to enforce the rights and obligations hereunder, venue shall lie in Yakima County Superior Court, and the prevailing parties shall be entitled to reasonable attorney's fees in addition to court costs. GSPRCJECTS62016\16QE71Spec flcatio9s116087 SPEC- REBID.docx 4-2 5 In WITNESS WI-IEREOF, we the parties thereto, each herewith subscribe the same this day of 2017. OWNER: City of Yakima, Washington (SEAL) By: A I EST: Name: Cliff Moore Title: City Manager Name: Sonya Clear Tee Title: City Clerk Contractor: By: (SEAL) Name: ATTEST: (Rease Print or Type) Address: Phone: Fax: Name: G tPROJECTSUO181160671SpecificaConsP6067 SPEC - REPS/dock 4-3 (Please Print or Type) 6 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we , as PRINCIPAL and a corporation duly authorized to act as a SURETY company in Washington, as SURETY, are jointly and severally held and bound unto the Yakima Air Terminal, an agency of the City of Yakima, to the Yakima Air Terminal in the penal sum of Dollars ($ ) for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators, or personal representatives, as the case may be. This obligation is entered into in pursuance of the statutes of the State of Washington, the Ordinances of the Yakima Air Terminal, City of Yakima. Dated at , Washington, this day of 2017. Nevertheless, the conditions of the above obligation are such that: WHEREAS, under and pursuant to Ordinance (or Resolution) No, of the City of Yakima, passed , 2017, the City Manager of said Yakima Air Terminal has let oris about to let to the said the above bounden Principal, a certain CONTRACT, the said CONTRACT providing for the construction of YAKIMA AIR TERMINAL, A.I.P. NO. 3-53-0089-38, SNOW REMOVAL EQUIPMENT -RUNWAY BROOM AND CARRIER VEHICLE PROCUREMENT REBID; (which CONTRACT is referred to herein and, is made a part hereof as though attached hereto); WHEREAS; the said Principal has accepted, or is about to accept, the said CONTRACT; and undertake to perform the work therein provided for in the manner and within the time set forth; and WHEREAS, for value received, the SURETY hereby agrees that no change, extension of time, alteration or addition to the terms of the CONTRACT or the work to be performed there under, or the Specifications accompanying the same shall in any way affect its obligations hereunder, and the SURETY expressly waives notice of any such change, extension, alteration, or addition. Nonpayment of the bond premium will not invalidate this bond nor shalt the OWNER be obligated for the payment thereof. NOW, THEREFORE, if the said shall faithfully perform all of the provisions of said CONTRACT in the manner and within the time therein set forth, or within such extensions of time as may be granted under said CONTRACT, and shall pay all laborers; mechanics, subcontractors and material men, and all persons who shall supply said principal or subcon- tractors with provisions and supplies for the carrying on of said work, and shall indemnify and hold the Yakima Air Terminal harmless from any damage or expense by reason of failure of performance as specified in said CONTRACT or from defects appearing or developing in the material or workmanship provided or performed under said CONTRACT within a period of one year after its acceptance thereof by the Yakima Air Terminal, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. Approved as to legality; Approved: IN WITNESS WHEREOF, the parties hereto have caused this Bond to be executed in this day of , 2017. G;1PROJECTS42616116a974 7 SPEC '-. REBIDAocx 4-4 7 PRINCIPAL: SURETY:, By By Title Attest. Secretary The Attorney -in -Fact who executes this bond on behalf of the SURETY company must attach a copy of his power-of-attorney as evidence of his authority. To each executed original of this bond there must be attached a complete set of the "Contract Documents," as the term is defined in the Supplementary Conditions with all corrections, interlfneations, signatures, etc., completely reproduced therein. G \PROJECTSI'e( Specs icationM16667 SPEC - Ro-cx 4.5 Bond Number PAYMENT BOND 8 KNOW ALL MEN BY THESE PRESENTS, That as PRINCIPAL, hereinafter called PRINCIPAL, and , a corporation organized and existing under the laws of the State of Washington, as SURETY, hereinafter called SURETY, are held and firmly bound unto the Yakima Air Terminal, an agency of the City of Yakima, as OBLIGEE, hereinafter called OWNER. for the use and benefit of claimants as herein below defined, in the amount of Dollars ($ ), for the payment whereof PRINCIPAL and SURETY bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, PRINCIPAL has by written agreement dated , 2017, entered into a CONTRACT with OWNER for construction of A.I.P. PROJECT NO. 3-53-0089-38, SNOW REMOVAL EQUIPMENT - RUNWAY BROOM AND CARRIER VEHICLE PROCUREMENT REBID in accordance with Drawings and Specifications prepared by HLA Engineering and Land Surveying, Inc. (HLA) dated May 2017. which CONTRACT is by reference made a part hereof, and is hereinafter referred to as the CONTRACT. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the PRINCIPAL shall promptly make payment to all claimants as hereinafter defined, for all labor and materials used or reasonably required for use in the performance of the CONTRACT, then this obligation shall be void; otherwise, it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contact with the Principal or with a subcontractor of the Principal for labor, materials, or both, used or reasonably required for use in the performance of the CONTRACT, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental of equipment directly applicable to the CONTRACT. 2. The above named Principal and SURETY hereby jointly and severally agree with the OWNER that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sus on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The OWNER shall not be liable for the payment of any costs or expenses of such suit. 3. No suit or action shall be commenced hereunder by any claimant. a. Unless claimant; other than one having a direct contact with the Principal, shall have given written notice to any two of the following: the Principal, the OWNER, or the SURETY above named. within ninety (90) days after such claimant did or performed the last of the work or labor. or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, OWNER, or SURETY at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State of Washington, save that such service need not be made by a public officer. b, After the expiration of one (1) year following the date on which principal ceased work on said CONTRACT, it being understood, however, that if any limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. G EPROJECTS120161160671Specifications116067 SPEC - REESE clam 4-6 9 e. Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by SURETY of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be pre- sented under and against this bond. Signed and sealed this day of 2017. In the presence of: Witness (SEAL), Notes: By Principal By SURETY 1. Date of Payment Bond must not be prior to the date of the Agreement. (if the Contractor is a Partnership, all partners should execute the Bond). 2. The current power of attorney of the person who signs for any SURETY company shall be attached to the Bond: G:PROJECTS,201611806718 PE REBID.Gocx 4-7