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HomeMy WebLinkAboutR-2023-029 Resolution ratifying the declaration of an emergency for the Capitol Theatre HVAC with Bruce Mechanical EPO 2216E Project 2686A RESOLUTION RESOLUTION NO. R-2023-029 ratifying the declaration of an emergency and authorizing the City Manager to execute all applicable contracts for the Capitol Theatre HVAC Control System EPO 2216E Project 2686. WHEREAS, Article VI, section 6 of the City of Yakima Charter and the Yakima Municipal Code Chapter 1.80 provide that the City Council may declare an emergency and waive the bidding requirement for supplies, material, equipment or services; and WHEREAS, RCW 39.04.280 provides for emergency public works projects to move forward without complying with bidding requirements; and WHEREAS, there was imminent failure of the Heating, Ventilation, and Air Conditioning (HVAC) Control System located at the Capitol Theatre; and WHEREAS, the Control System for the HVAC was not operational and the climate control system could not adjust the thermostat temperature, requiring immediate repair to protect the building; and WHEREAS, an emergency was declared by the City Manager on October 31, 2022, allowing the Capitol Theatre to proceed with the contracting with Bruce Mechanical Inc. to replace the HVAC Control System and associated components; and WHEREAS, the cost of the system and associated components including tax totaled $81,242.00, resulting in the need to seek ratification by City Council via resolution, in accordance with City of Yakima Administrative Code ADM 3-500 City Procurement Manual which requires approval by City Council for emergency costs exceeding $50,000; and WHEREAS, the City Council deems it to be in the best interest of the City and its residents to ratify the City Manager's declaration of an emergency, and authorize the execution of all necessary contracts for the Capitol Theatre Heating, Ventilation, and Air Conditioning Control System, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The emergency, as declared on October 31, 2022 by the City Manager, is hereby ratified, the City Council resolves that there was an emergency, and the City Manager's execution of all appropriate documents for the replacement of the Capitol Theatre HVAC Control System and associated components without calling for bids, is hereby ratified and approved. ADOPTED BY THE CITY COUNCIL this 21 st day of February, 2023. CONTRACT THIS AGREEMENT, made and entered into in triplicate, this day ofgeb 01;)--y and between the City of Yakima, hereinafter called the Owner, and Bruce Mechanical, Inc., a Washngton 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 :1-,r:eto covenant and agree as follows: ne Contractor shall do all work and furnish all tools, materials, labor and equipment for THE BID AMOUNT OF: $ 81,242.00 , for Capitol Idtr HVAC Control Repairs Project, all in accordance with, and as described in the attached specifications and the 2022 Standard ',oecifications for Road, Bridge, and Municipal Construction which are by this reference incorporated herein and made a part hereof, and shall iterforrn any alterations in or additions to the work provided under this contract and every part thereof. Work shall start within ten 110) days after the Notice to Proceed and shall be completed in twenty (20) working days. The first chargeable working day shall be the 1 ith 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. 111, INDEMNIFICATION. The Contractor shall release, indemnify, defend, and hold harmless the City, its elected and appointed officials; officers, employees, agents, representatives, insurers, attorneys, and volunteers from all liabilities, losses, damages, and expenses related to all clain-is, suits, arbitration actions, investigations, and regulatory or other governmental proceedings arising from or in connection with this Agreement or the acts, failures to act, errors or omissions of the Contractor, or any Contractor's agent or subcontractor, in performance of this Agreement, pt for claims caused by the City's sole negligence. The City's right to indemnification includes attorney's fees and costs associated with khinc the right to indemnification hereunder in favor of the City. . 'I he Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance all We 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 Attest: RFSOLL CONTRACTOR B42444-410.4-.104 vet ple. Contractor Corporation City Manager (Print Name) Clerk Emer City of Yakima # 226E encv Purchase Order Justification Requester Name: plan Pafandrl Your Department/Divisfkrivtapital Theatre Requester Phone: (509) 853 8324 Requisition (PR) NumI;SE Requested Vendor Vendor's Address: 5115 W Brinkley Rd Suite C. Kennewick, chanical Vendor Contact Nameth Draper A 99 8 Cost Estimate (incl. TAM:-42.00 Vendor E-Mail Vendor Phone: seth bruceinc,com (509) 440-2514 1. What is the emergency situation? Describe damages or Toss of property or essential services that are/may be a result of this emergency. (Attach extra sheet if necessary.) The Control System for the HVAC Is not operational and the CTC cannot adjust the thermostat temperature, The in -duct smoke/fire detectors were controlled by the HVAC control system, and may no fonder be operational 2. What labor and/or materials are required? Attach a copy of your quote or estimate. Replacement of HVAC Control System and associated components. $81,242.00 as a budgetary proposal number for orovidlna and Instailinm Proton controls on the rtu ° s air handlers, 23 vays and chiller 3. Did vendor quote prevailing wages, if applicable (e.g. repairs, construction, maintenance)? Yes El Non 4. Was vendor informed of the Intent and Affidavit filing requirements with Lill? vas ( No 5. Does vendor have a current oertdtcate http:l/citviceiourchasinq/contras r-IIsV Yes Q No Ej 6. Are federal funds being used? If federal funds are being used, a cost price analysis must be done at earliest opportunity and a copy sent to Purchasing. f Insuran Yes i No STATEMENT OF NEED: My division's recommendation for en emerge upon an objective review of the emergency s ; l understand that if this purchase is over $ $$0,000 or over, that our division must initiate there has been art ertencv situ n file with the City? Check ICE: purchase order and waiver of the quote or bid requirements is based icrt and appears to .r. in the best interest of the City. O, or if any change orders to this purchase increase the amount to d prepare necessary information (Resolution) to advise City Council that action. 10/27/22 Date 10/27/22 Please compete entire form and forward to Purchasing. Purchasing will forward to the City Manager for final approval, ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.1. For Meeting of: February 21, 2023 Resolution ratifying the declaration of an emergency for the Capitol Theatre HVAC with Bruce Mechanical EPO 2216E Project 2686 Scott Schafer, Director of Public Works * Bill Preston, City Engineer (509) 576-6754 SUMMARY EXPLANATION: The Capitol Theatre's control system for the Heating Ventilation and Air Conditioning (HVAC) Control System is not operational. Emergency Purchase Order Justification #2216E will allow for replacement of the control system and associated components. On October 31, 2022, the City Manager declared an emergency PO 2216E to allow for the repairs. Bruce Mechanical Inc will complete the work at a cost of $81,242.00. This resolution is to ratify the declaration of emergency that authorized the emergency work required to provide for the repair of the Capitol Theatre's heating ventilation and air conditioning control system. ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution ATTACHMENTS: Description O resolution O EPO O Contract Upload Date 2/16/2023 1/24/2023 2/13/2023 Yes Public Safety Type Co'erMemo Backup Material Contract (Name) (Number) To: (Contractor) City of Yakima Capitol Theatre HVAC Control Repairs Project 2696 I Bruce Mechanical, Inc. 5115 W Brinkley Rd Suite C Kennewick, WA 9933E L 1 Change Order Change Order Number Change Order Date �rf� Contract Number 20 3 3/15123 Contract Date 1113122 You are direr to make the following changes in this Contract: Since elements of the HVAC system are not accessible by workers due to being "walled in" after installation„ three access holes will need to be cut in the ceiling of the main lobby. One work has been completed on the HVAC system, access hatches will be installed in the holes and painted to match the existing ceiling color. The Ideal size of the access panels is 24" x 24", but the actual size will be determined by the existing structural supports of the ceiling, All effort should be mede to not reduce the structural integrity of the ceiling. N SI until signed by both tt e of the Contractor Indl Ing Authority and Contractor. ant herewith, 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: lei increased 0 Decreased CI Unchanged by this Change Orde The New Contract Sum Including this Change Order will be ............................................ The Contract Time will be: 0 Increased 0 Decreased ■ Unchanged by working d The New Contract Time will be working days Bisre Karp a er 81 242.00 0.00 81,242.00 5,387.99 86,629,99 © Contractor Copies to: 0 Region 0 Construction Administrator E➢ OSC Accounting 0 City Englneer%ng CITY CONTRACT NO: 01;19-' rC R s,1j,�i, —q RES©LUTOON NO: 1