HomeMy WebLinkAbout09/06/2022 06.I. Resolution authorizing two contracts with Pacific Northwest Theatre Associates for the Capitol Theatre Curtain Replacement Project 2569 Y�'1114'+
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 6.1.
For Meeting of: September 6, 2022
ITEM TITLE: Resolution authorizing two contracts with Pacific Northwest Theatre
Associates for the Capitol Theatre Curtain Replacement Project
2569
SUBMITTED BY: Scott Schafer, Director of Public Works
Bill Preston, P E, City Engineer, 509-576-6754
SUMMARY EXPLANATION:
The City of Yakima (City) desires to enter into two contracts with Pacific Northwest Theatre
Associates (PNTA) to perform work on the Capitol Theatre Project 2569.
The first contract provides for replacing the Capitol Theatre's existing asbestos fire safety curtain with
a new non-asbestos fire curtain, replacing all rigging including head block, loft blocks, cable,
turnbuckles, and misc. attachments in the amount not to exceed $133,436.37.
The second contract will include replacing the Capitol Theatre's main drapes and traveler drapes as
specified, as well as tracks and all associated accessories in the amount not to exceed
$94,350.30. City staff used the state bidding process to advertise for bids; selecting PNTA as the low
bidder.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOM M ENDAT ION:
Adopt Resolution
ATTACHMENTS:
Description Upload Date Type
D Resolution PNTA 2569 8/25/2022 Resolution
❑ PNTA Fire Curtain Contract 8/23/2022 Contract
D PNTA Main Drape Contract 8/23/2022 Contract
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RESOLUTION NO. R-2022-
A RESOLUTION authorizing two Agreement with Pacific Northwest Theatre Associates
(PNTA) for Capitol Theatre Curtain Replacement Project 2569
WHEREAS, the City of Yakima (City) recognizes the need to replace the original
asbestos fire curtain installed in 1978 after the 1975 fire to the Capitol Theatre; and
WHEREAS, the City also recognizes the need to replace the main drape and traveler
curtains installed in 1978 after the 1975 fire; and
WHEREAS, the City used the procedure established by Washington State law for the
bidding and awarding of public capital improvement projects; and
WHEREAS, PNTA was the low responsive bidder for the fire curtain replacement and
also the low responsive bidder for the main drape and traveler replacement; and
WHEREAS, PNTA was determined to be qualified to perform the needed work; and
WHEREAS, the City and the Capitol Theatre desire to enter into the two contracts with
PNTA to perform the removal and replacement of the curtains and hardware at the Capitol
Theatre; and
WHEREAS, the project is funded by a Legislative grant obtained by the Capitol Theatre;
and
WHEREAS, the Scope of Work and Budget meet the needs and requirements of the
City of Yakima for this project; and
WHEREAS, the City Council finds that it is in the best interests of the Capitol Theatre,
the City of Yakima, and its residents to undertake the Capitol Theatre Fire Curtain Replacement
Project 2569 and enter into two contracts with PNTA to do so; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
1. The City Manager is hereby authorized to execute a contract with Pacific Northwest
Theatre Associates for the Capitol Theatre Fire Curtain Replacement in the amount of One
Hundred Thirty-Three Thousand Four Hundred Thirty-Six Dollars and ThirtySeven Cents
($133,436.37).
2. The City Manager is hereby authorized to execute a contract with Pacific Northwest
Theatre Associates for the Capitol Theatre Main Drape and Traveler Replacement in the
amount of Ninety-Four Thousand Three Hundred Fifty Dollars and Thirty Cents ($94,350.30).
ADOPTED BY THE CITY COUNCIL this 6'h day of September, 2022.
Janice Deccio, Mayor
ATTEST:
Sonya Clear Tee, City Clerk
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CONTRACT
THIS AGREEMENT, made and entered into in triplicate,this (rday of E .., �;f _.2022,by and between the City of Yakima
hereinafter called the Owner, and Pacific Northwest Theatre Associates(PNrA),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:
$133,436.37 for City of Yakima—Capitol Theatre Fire Curtain Replacement,City Project No,2569,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 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 rr CONTRACTOR
this day of 2022. 2 1i tc firJec/ 11.rtrt igsw,e0•,,a 4.a.J f4 Corporation
Contractor
By: ki,e ���
City Manager
Attest: PnLtG/1 G i C , _
(Print Name)
City Clerk Its: C&—O
(President,Owner,etc.)
Address: q f-IJ s"4460rf
5
CONTRACT
THIS AGREEMENT, made and entered into in triplicate,this I day of A.1,051- , 2022,by and between the City of Yakima
hereinafter called the Owner,and Pacific Northwest Theatre Associates(PA),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:
$94,350.30 for City of Yakima—Capitol Theatre Main Drape&Traveler Replacement,City Proiect No.2569,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 fifteen(15)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 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 n CONTRACTORNT
this day of _2022. 24 r erZr. IJOfl t11005� —rick. 4%r Le it Corporation
Con ctor
City Manager
Attest: ?yfy� Gv,)I.Ci
[[ (Print Name)
City Clerk Its: Ctd
(President,Owner,etc.)
Address: 2-Li N "AA) 44dover Sf (°C'
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