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HomeMy WebLinkAboutR-2023-104 Resolution authorizing an agreement with M-B Companies, Inc. to provide required snow removal equipment for the Yakima Air Terminal-McAllister Field RESOLUTION NO. R-2023-104 A RESOLUTION authorizing 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, 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, received one bid that was thoroughly evaluated, and the airport identified the lowest responsive and responsible bidder and 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 One Million, Four Hundred Fifty-One Thousand, Fifty-One Dollars and Five Cents ($1,451,051.05) to assemble and provide the required Snow Removal Equipment for the Yakima Air Terminal- McAllister Field. ADOPTED BY THE CITY COUNCIL this 2nd day of August, 2023. jt � I��A ATTEST: -Lr `Ili Soneya Lund, Mayor Pro-Tern 1 % -#- *Ili /' -, 0 ip 4i SEAL 1 Rosalinda Ibarra, City Clerk I1 ygSHI •c'OIv CITY OF YAKIMA YAKIMA AIR TERMINAL,MCALLISTER FIELD Snow Removal Equipment(SRE)Procurement AIP#3-53-0089-054-2023 CONTRACT FORM THIS AGREEMENT, made the 2 v� day of 4'10t , 20 Z 3, by and between, M-B Companies,Inc.hereinafter called the"CONTRACTOR,"and the City of Yakima hereinafter called the"OWNER". WITNESSETH:That the CONTRACTOR and the OWNER,for the consideration hereinafter named,agree as follows: ARTICLE 1:SCOPE OF WORK:The CONTRACTOR shall furnish all labor,tools,materials,equipment and supplies required for the Snow Removal Equipment (SRE) Procurement in accordance with the Contract Documents and specifications for AIP No.3-53-0089-054-2023.The approximate quantities of work are shown in the Bid Proposal bound in this document. ARTICLE 2: TIME OF COMPLETION: The work to be performed under this Contract shall be commenced on the date specified in the Notice to Proceed,and shall be completed within 500 Calendar Days).The CONTRACTOR agrees to pay,as liquidated damages,the following sums: Three Hundred Dollars and No Cents per calendar day ($300.00) for each consecutive Calendar day thereafter,the work remains uncompleted. The time for completion shall include the time necessary to order and procure materials. The CONTRACTOR may not begin actual field installation of work until he can demonstrate that all materials are available and weather conditions will allow completion of any work such as pavement repairs.The intent is to reduce the impact to airport operations and field engineering time.The CONTRACTOR shall present a project schedule prior to field installations,to ensure progressive completion. ARTICLE 3:THE CONTRACT SUM: The OWNER shall pay the CONTRACTOR for the performance of the Contract,subject to additions and deductions provided therein,in current funds an amount equal to the estimated total bid,including tax,as provided in the Bid Schedule of Items and Prices, as follows: One Million,Four Hundred Fifty One Thousand,Fifty One Dollars and Five Cents($1,451,051.05) ARTICLE 4: PAYMENTS: The OWNER will make payment on account to the CONTRACTOR as provided therein, as follows: Within 10 calendar days after completing the required training as set forth by the specifications,the CONTRACTOR shall submit for payment on invoice for the full contract amount. Payment will be made in full within 30 calendar days of receipt of invoice, conditional that the final certificate and final acceptance are issued as set forth in ARTICLE 5. ARTICLE 5: FINAL ACCEPTANCE: Upon receipt of invoice, the SOLICITATION COORDINATOR will verify fulfillment of the Contract to include delivery of equipment,training,and data submittal. When verified by the ENGINEER that all terms and conditions have been fully performed,he shall promptly issue a final certificate,over his own signature, stating the work provided for in this contract has been completed and is accepted by him under the terms and conditions hereof. Final acceptance will be issued within 30 calendar days by the OWNER after their acceptance of said final certificate. The making and acceptance of the payment shall constitute a waiver of all claims by the OWNER,other than those arising from unsettled liens, from faulty work appearing after final payment or from requirements of specifications, and of all claims by the CONTRACTOR,except those previously make and still unsettled. 45-22-036/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 12/2022 Page 1-34 CITY OF YAKIMA YAKIMA AIR TERMINAL,MCALLISTER FIELD Snow Removal Equipment(SRE)Procurement AIP#3-53-0089-054-2023 CONTRACT FORM (Continued) Before issuance of the final certificate and preparation of necessary State Notices, the CONTRACTOR shall submit evidence,satisfactory to the ENGINEER,that all material bills,taxes and other indebtedness connected with the work have been submitted,filed and/or paid. The making and acceptance of the final payment shall constitute a waiver of all claims by the OWNER,other than those arising from unsettled liens,from faulty work appearing after final payment,or from requirements of the specifications, and of all claims by the CONTRACTOR,except those previously made and still unsettled If, after the work has been substantially completed, full completion thereof is materially delayed through no fault of the CONTRACTOR,and the ENGINEER so confirms,the OWNER shall,upon a verification of the ENGINEER,and without terminating the contract,make full payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing partial acceptance,except that it shall not constitute a waiver of claims. ARTICLE 6:THE CONTRACT DOCUMENTS:The Invitation for Bid,Information for Bidders,Bid Proposal,FAA General Provisions,Federal Contract Clauses,Specifications for Construction,Additional Special Provisions,Appendices, and Plans, together with this Agreement, form the Contract, and they are as fully a part thereof and hereof as if hereto attached or herein repeated. ARTICLE 7: INDEMNIFICATION AND HOLD HARMLESS: The CONTRACTOR shall take all necessary precautions in performing the Services to prevent injury to persons or property.The Contractor agrees to 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 claims,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,except for claims caused by the City's sole negligence. Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers'compensation acts,disability benefit acts or any other benefits acts or programs.Contractor shall require that its subcontractors,and anyone directly or indirectly employed or hired by Contractor, and anyone for whose acts Contractor may be liable in connection with its performance of this Agreement,comply with the terms of this paragraph,waive any immunity granted under Title 51 RCW,and assume all potential liability for actions brought by their respective employees. The Parties acknowledge that they have mutually negotiated this waiver. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,then,in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City,the Contractor's liability,including the duty and cost to defend,shall be only to the extent of the Contractor's negligence. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in any third party.The terms of this Section shall survive any expiration or termination of this Contract. ARTICLE 8:FEDERAL CONTRACT CLAUSES:The CONTRACTOR agrees by signing this contract,to certify and comply with all Federal regulations,clauses and certifications stipulated within these contract documents. 49 CFR Part 26 provides that each contract the OWNER enters into with a CONTRACTOR(and each subcontract the contractor signs with a subcontractor)shall include the following assurance: "The CONTRACTOR and its subcontractors shall not discriminate on the basis of race color,national origin,or sex in the performance of this contract. The CONTRACTOR shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of Department of Transportation (DOT) assisted contracts. Failure by the CONTRACTOR to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate" 45-22-036/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 12/2022 Page 1-35 CITY OF YAKIMA YAKIMA AIR TERMINAL, MCALLISTER FIELD Snow Removal Equipment(SRE)Procurement AIP#3-53-0089-054-2023 ARTICLE 9: PRIMARY INSURANCE AND WAIVER OF SUBROGATION Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under this Contract. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance and neither the City nor its insurance providers shall contribute to any settlements,defense costs, or other payments made by Contractor's insurance If at any time during the life of the Contract,or any extension,Contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the Contract. All additional insured endorsements required by this Section shall include an explicit waiver of subrogation. ARTICLE 10: INSPECTION, PRODUCTION AND RETENTION OF RECORDS The records relating to the Services shall,at all times,be subject to inspection by and with the approval of the City,but the making of(or failure or delay in making)such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Contract,notwithstanding the City's knowledge of defective or non-complying performance,its substantiality or the ease of its discovery. Contractor shall provide the City sufficient, safe, and proper facilities,and/or send copies of the requested documents to the City. Contractor's records relating to the Services will be provided to the City upon the City's request. Contractor shall promptly furnish the City with such information and records which are related to the Services of this Contract as may be requested by the City. Until the expiration of six(6)years after final payment of the compensation payable under this Contract,or for a longer period if required by law or by the Washington Secretary of State's record retention schedule,Contractor shall retain and provide the City access to(and the City shall have the right to examine, audit and copy)all of Contractor's books, documents, papers and records which are related to the Services performed by Contractor under this Contract. If any litigation,claim,or audit is started before the expiration of the six-year period, the records shall be retained until all litigation,claims,or audit findings involving the records have been resolved. All records relating to Contractor's services under this Contract must be made available to the City, and the records relating to the Services are City of Yakima records. They must be produced to third parties,if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to Contractor's services under this Contract must be retained by Contractor for the minimum period of time required pursuant to the Washington Secretary of State's records retention schedule. The terms of this section shall survive any expiration or termination of this Contract. ARTICLE 11.GOVERNING LAW This Contract shall be governed by and construed in accordance with the laws of the State of Washington. IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written. CONTRACTOR Oar R (_�)A +*��— Mark Meaders RobPrr-l- Vac( ai1\ General Manager MB Airport et j m(,�►ataeJr— CITY CONTRACT NO: RESOLUTION NO 45-22-036/Yakima Air Terminal—McAllister Field J-U-B Master Revision Date 12/2022 Page 1-36 DocuSign Envelope ID A919E4D4-A98E-4567-8643-2B6DD9B057F3 WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF M-B COMPANIES, INC. THE UNDERSIGNED, being all the members of the board of directors (the "Board") of M-B Companies, Inc., a Wisconsin corporation (the "Corporation"), acting without a meeting pursuant to Section 180.0821 of the Business Corporation Law of the State of Wisconsin, as amended, hereby adopt, by this written consent, the following resolutions with the same force and effect as if they had been adopted at a duly convened meeting of the Board and direct that this written consent be filed with the minutes of the proceedings of the Corporation: WHEREAS, the Board deems it advisable and in the best interests of the Corporation that the Board adopts the resolutions set forth below. NOW, THEREFORE, BE IT, I. Resignation, Removal and Election of Officers RESOLVED, that the resignation of Sarah Blashe as Chief Financial Officer and Treasurer of the Corporation, effective as of February 24, 2023, pursuant to the resignation letter attached hereto as Exhibit A, be, and it hereby is, acknowledged and accepted by the Board; and it is further RESOLVED, that Douglas H. Blada be, and he hereby is, removed as Vice President AMP of the Corporation effective as of April 1, 2023; RESOLVED, that the following individuals be, and each of them hereby is, elected as of the date set forth opposite his/her name to the office set forth opposite his/her name, each to hold office until his/her respective successor shall have been duly elected and qualified, or until his/her earlier death, resignation or removal: Name Title Date Kurt Ballweg Chief Financial Officer and Treasurer February 24, 2023 Mark Meaders Vice President AMP April 1, 2023; and it is further RESOLVED, that following the officer changes authorized and acknowledged in the resolutions above, the officers of the Corporation as of the date hereof are: Name Title Barend Fruithof Chairman of the Board Thomas Schenkirsch Vice Chairman of the Board DocuSIgn Envelope ID A919E4D4-A98E-4567-8643-2B6DD9B057F3 Steffen Schewerda Chief Executive Officer and President Kurt Ballweg Chief Financial Officer and Treasurer Tammy Lisowe Vice President Finance Benjamin Thomke Vice President Pavement Mark Meaders Vice President AMP Daniel A. Wuersch Secretary Stephen D. Mueller Assistant Secretary Elizabeth J. Fry Assistant Secretary; and it is further IL General Authorization RESOLVED, that the officers of the Corporation be, and each of them hereby is, authorized and directed, in the name and on behalf of the Corporation, under its corporate seal, or otherwise, to execute and deliver, submit and file any and all resolutions, forms, instruments, certificates and other documents, and to do any and all other acts and things that each of them shall deem necessary, desirable or appropriate in order to carry out the intent and accomplish the purposes of the foregoing resolutions; and it is further RESOLVED, that this written consent may be executed in one or more counterparts, all of which shall constitute one and the same instrument. [signature page follows] DocuSign Envelope ID A919E4D4-A98E-4567-8643-2B6DD9B057F3 IN WITNESS WHEREOF, the undersigned have executed this written consent as of April 20, 2023. BOARD OF DIRECTORS: CDoeuSigned by 14ig �d.t,iAkirsc 847FAE7E7FgB"^D Thomas Schenkirsch —DocuSigned by. —BDF29E5071EE4EF Barend Fruithof %CJ iei ,. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.D. For Meeting of:August 2, 2023 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: Jaime Vera,Airport Operations and Maintenance Manager SUMMARY EXPLANATION: 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. 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. Acquiring the two highspeed runway plows will allow the Yakima Air Terminal- McAllister Field the ability to keep runways and taxiways open during inclement weather operations. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Description Upload Date Type ❑ Resolution 7/26/2023 Resolution ❑ Contract 7/25/2023 Contract