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HomeMy WebLinkAboutR-2022-115 Resolution authorizing two contracts with Pacific Northwest Theatre Associates for the Capitol Theatre Curtain Replacement Project 2569RESOLUTION NO. R-2022-115 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 6th day of September, 2022. Janice Deccio, Mayor ATTEST: Sonya Cla ee, City Clerk CONTRACT THIS AGREEMENT, made and entered into in triplicate, this I 11-1Aday of _ 2022, by and between the City of Yakima hereinafter called the Owner, and Pacific Northwest Theatre Associates (POTA), 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 11 th 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, attorneys 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 day of (�{2022. this Attest: City Manager City I: rk CITY CONTRACT NO:aOg:a-I 'S RESOLUTION NO:2.- aC) 11,� Its: C D Address. CONTRACTOR (s9bcs,ckrs a LJ Pv Corporation Contractor (President, Owner, etc ) 2`(14 Scv (fy1doJ,r $F S H1t- w.�- q 530 G, CONTRACT THIS AGREEMENT, made and entered into in triplicate, this (i7 d y of A*S/>{ , 2022, by and between the City of Yakima hereinafter called the Owner, and Pacific Northwest Theatre Associates (PNTA), 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 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 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 CONTRACTOR this day of c�L p 2022. c�fi=� ij t1 v�s� ;c gssac� r' a (.„, Corporation Contractor City Manager ity Clerk CITY CONTRACT NO. RESOLUTION NOR - U d a - its By: c wl (Print Name) Its. CEO (President, Owner, etc.) Address: ?Loy sw 4✓1CJ DOff St-. C to v 1 ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEM ENT Item No. 6.1. For Meeting of: September 6, 2022 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 RECOMMENDATION: Adopt Resolution ATTACHMENTS: Description D Resolution PNTA 2569 ❑ PNTA Fire Curtain Contract D PNTA Main Drape Contract Upload Date 8/25/2022 8/23/2022 8/23/2022 Type Resolution Contract Contract 2 Project: (Name) (Number) To: (Contractor) City of Yakima Change Order Change Order Number 1 Capitol Theatre Main Drape & Traveler Reylacemel Change Order Date 10/12/2022 Project Number 2569 IPNTA 2414 SW Andover St. Suite C-100 Seattle, WA 98106 J Contract Number 2569 Contract Date 09/07/2022 tootu are died tomake th f r(i roving arte es in C s Contract: Substitute 25oz "Charisma" fabric for the specified 20oz "Crescent" fabric due to supply chain problems. d until signed by both the Approving Authority and Contractor. of the Contractor indicated agreement herewith, including any adjustment on the Contract Sum or Contract Time. The original Contract Sum was ,,,,b,,,,,,, „ Net change by previous Change Orders The Contract Sum prior to this Change Order $ The Contract Sum will be: 0 Increased 0 Decreased IR Unchanged by this Change Order $ The New Contract Sum including this Change Order will be..o,,,,,,,,,,,,-,...,..,,.,.....,,„, $ The Contract Time will be: 0 Increased 0 Decreased IN Unchanged by working days 7'he New Contract Time will be working days ttractor G�f Rom} COQ.uEaw , "S FA-)G rr.)E, srgE44,5 r►A'7r4kJ 1111* r 570•00L EF Perked Oa/2021 Original to: ❑ Contractor Approval Recom. Con dswatcaz 95,304 Copies to: 0 Region 0 Construction Administrator ❑ QSC Accounting 0 City Engineering CITY CONTRACT NO: RESOLUTION NO: To: (Contractor) IPNTA 2414 SW Andover Street Suite C100 Leetlle WA, 98106 J City of Yakima Change Order Change Order Number Project: (Name) Capitol Theatre Main Drape 8 Traveler Replacemer Change Order Date (Number) CT2569 Contract Number Contract Date 002 06/12/23 2589 09/07/2022 You are directed to make the followln n this C act: instead of painting the CTC provided scenic art on the Main Drape, PNTA will work with a fabric printing vendor to provide high -resolution printing of the artwork onto a lightweight applique fabric. This printed artwork will be stitched in with the fullness of the Meln Drape. This change order will reduce the overall coat of the project by $3,571.43. This change order will extend the completion of the Main Drape to July 31 st, 2023, due to the production schedule of the fabric printing vendor. This change order will not extend the number of working days on site for the project. As of April 12th, there are fourteen (14) working days remaining for the Installation. ed agreement herewith, krcluding any adjustment on the Contract Sum or Contract Time. The original Contract Sum was Net change by previous Change Orders $ The Contract Sum prior to this Change Order $ The Contract Sum will be: 0 Increased II Decreased 0 Unchanged by this Change Order $ The New Contract Sum Including this Change Order will be ............................................ $ 94,350.30 0.00 94,350.30 3,571.43 90,778.87 The Contract Time will be: 0 Increased 0 Decreased IN Unchanged by working days The New Contract Time will be working days Origins' to: 0 Contractor Copies to: 0 Region 0 Construction Administrator C'TV CONTRACT NO: f1Vtl y' j•t N NO' Q--t 15 ❑ OSC Accounting ❑ City Engineering Name) (Number) To: (Contractor) City of Yakima Capitol Theatre Flre Curtain Replacement CT2 NTA 2414 SW Andover Street Suite C100 Leettle WA, 98106 Change Order Change Order Number 001 Change Order Date Contract Number Contract Date You are directed to make the following changes In this Contract: Add a second control station for the motor located on the same level as the fly rail. Thls change order will Increase the overall cost of the project by $1,000.00. This change order will not extend the completion deadline, Thls change order will not extend the number of working days on site for the project. Not valid until signed by both the ! Signature of the Contrector Indicat 06/15/23 CT2569 09/07/2022 lierevrith, Including any adjustment on the Contract Sum or Contract Time. The original Contract Sum was Net change by previous Change Orders $ The Contract Sum prior to this Change Order $ The Contract Sum will be: ■ Increased 0 Decreased ❑ Unchanged by this Change Order $ The New Contract Sum Including this Change Order will be ............................................ $ 133,436.37 0.00 133,436.37 1,000.00 134,436.37 The Contract Time will be: 0 Increased 0 Decreased IN Unchanged by working days The New Contract Time will be working days Contractor Title Max Pagel, VP of Ops Date 6/20/23 BY original to: 0 Contractor Copies to: CI Region 0 Construction Administrator OSC Accounting 0 City Engineering nded CITY CONTRACT NO; RESOLUTION NO.