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06/01/2021 04G Resolution authorizing a contract with M. Sevigny Construction for the Capitol Theatre Egress Stairs Replacement Project to\'4\lyy tbxk ik 1 PPP PPP g. A P p P 1 PPi ittYlltYlt.\ta. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEM ENT Item No. 4.G. For Meeting of: June 1, 2021 ITEM TITLE: Resolution authorizing a contract with M. Sevigny Construction for the Capitol Theatre Egress Stairs Replacement Project SUBMITTED BY: Scott Schafer, Director of Public Works Bill Preston, PE, City Engineer, 576-6754 SUMMARY EXPLANATION: In 2013, the City of Yakima (City) contracted with BOR Architects for a life-safety review throughout the City's Capitol Theatre. From that evaluation, a number of recommendations by BOR Architects were made and several have been acted upon based on budget availability. In 2020, the City of Yakima contracted with Leslie Engineering to perform a structural analysis to determine capacity of structural elements and egress stairs attachment supports. It was determined that repairs could be made to strengthen the stairs and supports. After review by Capitol Theatre and City staff, it was recognized that while the egress stairs could be repaired, the exterior stairs should be replaced and Leslie Engineers should continue with design of replacement stairs. The design work has been completed. City staff used the state bidding process to advertise for bids. Two (2) contractors submitted bids with M. Sevigny Construction of Yakima submitting the lowest bid of $190,608. Attached for City Council review is the contract with M. Sevigny Construction in an amount not to exceed $190,608. The Capitol Theatre Company Board is funding the replacement of the exterior egress stairs. Construction will occur later this summer. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOM M ENDAT ION: Adopt Resolution ATTACHMENTS: 2 Description Upload Date Type D Resoluhon QipUo Theater Egret's Staffs 519/2021 Ftesolohon D Contract 4/29/2021 Culver Memo 3 RESOLUTION NO. R-2021- A RESOLUTION authorizing a contract with M Sevigny Construction for the Capitol Theatre Egress Stairs Replacement Project. WHEREAS, the City of Yakima (City) contracted with BOR Architects in 2013 for a lifesafety review throughout the City's Capitol Theatre, and WHEREAS, the City contracted in 2020 with Leslie Engineering to perform structural analysis also to determine capacity of structural elements and egress stairs attachment supports, and WHEREAS, it was determined by Capitol Theatre and City staff that while steps could be taken to strengthen the stairs, and repairs could be made, it would be in the best interest of the community to replace the stairs, and WHEREAS, Leslie Engineering developed construction documents to make the desired replacement following review of recommendations by City officials; and WHEREAS, the Capitol Theatre Company has sufficient funding to replace the emergency egress stairs on both sides of the Capitol Theatre, and WHEREAS, the Yakima City Council finds that it is in the best interest of the City and its residents to enter into the contract to perform Capitol Theatre egress stairs replacement; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute a contract with M Sevigny Construction, in the amount of One Hundred Ninety Thousand Six Hundred Eight Dollars ($190,608), for the Capitol Theatre Egress Stairs Replacement Project. ADOPTED BY THE CITY COUNCIL this 1st day of June, 2021. ATTEST: Patricia Byers, Mayor Sonya Clear Tee, City Clerk 4 CONTRACT THIS AGREEMENT, made and entered into in triplicate,this day of ,2021, by and between the City of Yakima, hereinafter called the Owner,and M Sevigny Construction, 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: $190,608.00,for City of Yakima Capitol Theatre Egress Stairs Replacement Project,all in accordance with,and as described in the attached specifications and the 2021 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(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. 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 defend, indemnify, and hold harmless the City, its officers,elected officials, employees and agents from and against any and all claims, causes of action, damages,losses, and expenses of any kind or nature whatsoever, including but not limited to, attorney's fees and court costs, arising out of, relating to,or resulting from The Contractor's performance or non-performance of the services, duties and obligations required of it under this Agreement. IV. The Contractor for himsdf,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 this day of 2021. ,a Corporation Contractor By: City Manager Attest: (Print Name) City Clerk Its: (President,Owner,etc.) Address: