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HomeMy WebLinkAbout12/05/2017 06H Air Terminal Snow Removal Equipment Agreement with M-B Companies, Inc.BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT 1 Item No. 6.H. For Meeting of: December 5, 2017 ITEM TITLE: 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 I mprovement Project 3- 53-0089-39. Through close coordination with the FAA, it's recommended the airport acquire two additional pieces of Snow Removal Equipment (Carrier and Blower) to assist the airport in upholding required airfield safety standards. Through a competitive bidding process, the airport received three bids which were evaluated and the lowest responsive and responsible bidder has been identified. This agreement will award the contract to M -B Companies, Inc. in the amount of six hundred and thirty-six thousand, four hundred six dollars and forty cents ($636,406.40) to assemble and provide the required 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: ATTACHMENTS: Description D Resolution D contract D Recommendation of Award Di bid award Upload Date 11/15/2017 11/17/2017 11/16/2017 11/17/2017 2 Type Resolution Cover Memo Backup Material Cover Memo 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 six hundred and thirty-six thousand, four hundred six dollars and forty cents ($636,406.40) 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 December, 2017. ATTEST: Kathy Coffey, Mayor Sonya Claar 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 in consideration 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, tools, labor, and all appliances, machinery, and appurtenances for: The City ofYakima, Yakima Air Terminal, A.A.P. PROJECT NO.3-53-0089-39, SNOW BLOWER AND CARRIER VEHICLE PROCUREMENT, to the extent of the proposal made by the Contractor and agreed to by the OWNER dated the day of , 2017, all in full compliance 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 OVVNER'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 manner 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, It is agreed the time lirnit 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 shall fail to complete the work vvithin 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 $500.00 per calendar day. Sundays and legal holidays shall be excluded in determining days in default. In the event of litigation to enforce the rights and obligations hereunder, venue shall lie in Yakima County Superior Court, and the prevailing parties shall be entitled to reasonable attorney's fees in addition to court costs. GAPROJECTS12 7 \ 17 35EtSPEC117035 SPECdocx 4-2 5 In WITNESS WHEREOF, we the parties thereto, each herewith subscribe the same this day of 2017. OWNER: City of Yakima, Washington (SEAL) By: ATTEST: Name; Cliff Moore City Manager CONTRACTOR: Name: (Please Print or Type) Address: Phone: Fax: WPROJECTSL2017117035E \ SPE 17035 SPEC.docx 4-3 Name'. Sonya Clear Tee Title: City Clerk (SEAL) ATTEST: Name: (Please Print or Type) 6 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we, , as PRINCIPAL, arid , a corporation duly authorized to act as a SURETY company in Washington, as SURETY, are jointly and severally held and bound unto the Yakima Air Terminal, an agency of the City of Yakima, to the Yakima Air Terminal in the penal sum of Dollars ($ ) 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 or is about to let to the said the above bounden Principal, a certain CONTRACT, the said CONTRACT providing for the construction of YAKIMA AIR TERMINAL, AIR NO. 3-53-0089-39, SNOW BLOWER AND CARRIER VEHICLE PROCUREMENT, (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 mariner 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 shall the OWNER be obligated for the payment thereof, NOW, TI-IEREFORE, 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. GVROJECTS‘2017%17035MSPECV17035 SPEC.clocx 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, interlineations, signatures, etc.., completely reproduced therein. GAPROJECTS1201 170350SPEC117035 SPECtlocx 4-5 •PAYMENT BOND Bond Number 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. 3-53-0089-39, SNOW BLOWERAND CARRIER VEHICLE PROCUREMENT in accordance with Drawings and Specifications prepared by HLA Engineering and Land Surveying, Inc. (HLA) dated June 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 per- formed, or materials were furnished by such claimant, may sue 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. 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. G1PROJECTS \ 201711 7035ENSPECk17 SPEC.docx 4-6 9 c: 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 presented 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:kPROJECTS1.201711,17035ESPECkl 7035 SPEC.dcux 4-7 If 1111111 MI 10 2406 W. Washington Ave, Suite A Yakima, Washington 98903 (509) 515-6149 (509) 575-6185 FAX Thursday, November 16', 2017 Maw Vargas Program Manager Seattle Airports District Office Federal Aviation Administration 1601 Lind Ave SVV, Suite 250 Renton, WA 98057-3356 RE: YAKIMA AIR TERMINAL-MCALLISTER FIELD ACQUISITION OF SNOVV REMOVAL EQUIP ENT (CARRIER VEHICLE AND BLOWER) AIR NO,: 3-53-0089-39 RECOMMENDATION OF AWARD Dear Ms, Vargas: The purpose of this letter is to provide the Federal Aviation Administration (FAA) with supporting documentation in relation to the acquisition of Snow Removal Equipment (Carrier Vehicle and Blower) bidding process. Enclosed you will find a recommendation letter from HLA Engineering and Land Surveying, Inc. (HLA), and bid summary of the three bids received on July 20, 2017, and supporting documentation to illustrate the lowest responsive and responsible bidder is compliant with the contract documents and Buy American requirements. Upon careful review of all bids and the associated costs, the Yakima Airport concurs with HLA's recommendation letter to award M -B Companies, Inc, for our Snow Removal Equipment which includes carrier vehicle and blower head. We feel M -B Companies, Inc. is the lowest responsive and responsible bidder satisfying the City of Yakirna's bid award requirements and Buy American waiver requirements of '60% or more of the components and subcomponents in the equipment are of US origin and final assembly is in the US", If the FAA concurs with this recommendation, please provide an approval letter, Upon receiving the FAA's approval the City Manager will sign the bid summary sheet and execute a contract to initiate work. In the event you have any quest ons regarding either recommendation please feel free to contact myself or Stephanie at your earliest convenience. Sincerely, Robert K. Peterson Airport Director Yakima Air Terminal -McAllister Field Cc: Stephanie Ray, HLA Engineering and Land Surveying, Inc. Kris Yalovich, Yakima Air Terminal -McAllister Field File \\yakinla_eitylykatAlsers'rrpeterso12016 SRE (Carrier Broom Design) and Land Stt ng, 11 November 17, 2017 City of Yakima Yakima Air Terminal 2406 West Washington Avenue, Suite B Yakima, WA 98903 Attn: Mr. Robert Peterson ° Airport Director Re: City of Yakima Yakima Air Terminal SNOW BLOWER AND CARRIER VEHICLE PROCUREMENT A.I.P. NO.: 3-53-0089-39 HLA Project No.: 17035 Recommendation of Award Dear Mr. Peterson: The bid opening for the above referenced project was held at Yakima City Hall at 2:00 p.m. on Thuradoy. July 20, 3017. A total of three (3) bids were received with the low bid of $636,406.43, being offered by M -B Companies, Inc. of New Holstein, Wisconsin. This low bid is approximately twenty-six (26) percent below the Engineer's Estimate of $865,600.00. In addition, supplemental information was provided by the lowest responsive, and responsible bidder to certify compliance with the Buy America Requirement and to seek a waiver by the Federal Aviation Administration. This approval will formally be provided by the FAA Airport District Office. We have reviewed and checked the bid proposals of all bidders and recommend the City of Yakima award a construction contract to the lowest responsive and responsible bidder, M -B Companies, Inc., in the amount of $636,406.43, contingent on approval of the Federal Aviation Administration (FAA). Enclosed please find one (1) original Bid Summary for signature bythe City Manager. Please return one (1) executed copy of the Bid Summary to our office. Please advise if we may answer any questions or provide additional information. Very truly yours, Stephanie J. Ray, PE SJR/cri Enclosures Copy: Mary Vargas, FAA (Email) Caroline Fitzsimmons, HLA Rachelle Pacsuta, HLA GAPROJECTS‘2017 \ 17035C YAT SNOW REMOVAL EQUIP, - SNOW BLOWER & CARRIER VEHICLE PROCUREMENT 42017-11-17 RECAWARD doc 2803 River Road • Yakima, WA 98902 + 5099667000 + Fax 509965.3800 4. I- BID SUMMARY BIDDER-#4 BIDDER-#2 BIDDER #3 BIDDER #4 Owner: CITY OF YAKIMA - YAKIMA AIR TERMINAL Project: SNOW REMOVAL EQUIPMENT - SNOW BLOWER AND CARRIER VEHICLE PROCUREMENT HLA Project No.: 17035 A.I.P. NO.: 3-53-0089-39 Date: July 20, 2017 Solid Waste Systems, Inc. P.O. Box 13040 Spokane, WA 99213 Oshcosh Airport Products, LLC 3100 North McCarthy Road Appleton, WI 54914 M-B Companies, Inc. 1200 Park Street Chilton, WI 53014 Item + ENGINEER'S ESTIMATE No. item Description Unit I Quantity li Unit Price Amount Unit Price I Amount Unit Price I Amount Unit Price I Amount Unit Price I Amount BID SCHEDULE A 1 Snow Removal Equipment - Snow Blower and Carrier Vehicle EA 1 $800,000 00 $800,000.00 6430.00340 883a29&O9 8456-4999A 54612408,00 $588,176.00 $588,176 00 $0 00 — SUBTOTAL $800,000.00 $530,00000 $95040040 o $588,176.00 $0.00 WASHINGTON STATE SALES TAX 8.2% $65,600.00 $43,46000 54676244040 $48,230.43 $0.00 BID TOTAL $865,600.00 $573,46080 $0242440 $636,406.43 $0.00 ENGINEER'S REPORT AWARD MADE BY CITY MANAGER CITY OF YAKIMA - YAKIMA AIR TERMINAL SNOW REMOVAL EQUIPMENT - SNOW BLOWER AND CARRIER VEHICLE PROCUREMENT A.I.P. NO.: 3-53-0089-39 HLA PROJECT NO,: 17035 i r (1_411,)-, ii • W. r'f Competitive bids were opened on July 20, 2017, All bids have been reviewed by this office. We recommend the contract be awarded to: M-B Companies, Inc. lF1[[[l�• ..L.I ����� Project E gineer Date: iHLA14141111F- lnproxrrrg and Land 5w17+ng, Inc City Manager: Date: Bidder #1 Solid Waste Systems, Inc. NON-RESPONSIVE Bidder #2 Oshkosh Airport Products, LLC NON-RESPONSIVE "Bid results can be found at: www hlacivil.com 'Highlighted amounts have been corrected. Nw., nnw...wrrww.rrrer.u,.rr,wn.