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Home My WebLink AboutR-2024-017 Resolution authorizing a contract with M Sevigny Construction Inc for the Washington Fruit Community Center Roof & HVAC RESOLUTION NO. R-2024-017 A RESOLUTION authorizing an agreement with M Sevigny Construction Inc for the Washington Fruit Community Center HVAC & Roofing Projects 2653 and 2654. WHEREAS, the Washington Fruit Community Center (WFCC) requires replacement of the roofing and replacement and modification of the existing heating, ventilating, and air- conditioning (HVAC) systems located on the roof of the WFCC; and WHEREAS, the City of Yakima (City) used the procedure established by Washington State law for the bidding and awarding of public capital improvement projects; and WHEREAS, M Sevigny Construction Inc was determined to be qualified to perform the needed construction work; and WHEREAS, the contract will be null and void if bond, certificate, and required insurance certificate and endorsement are not received within specified timeframe; and WHEREAS, the Scope of Work and Budget included in this contract meets the needs and requirements of the City for this project; and WHEREAS, the WFCC projects are funded by REET and CDBG funds; and WHEREAS, the City Council of the City of Yakima finds that entering into the contract with M Sevigny Construction Inc for construction on the WFCC HVAC & Roofing projects are in the best interests of the City and its residents; 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 Inc, attached hereto and incorporated herein by this reference, not to exceed Five Hundred Thirteen Thousand Three Hundred Forty-Two Dollars ($513,342) to provide construction services outlined in the contract. ADOPTED BY THE CITY COUNCIL this 16th day of January, 2024. 7/2� Patricia Byers; Mayor ATTEST: y A K I'y�y1+�111 • 14 ;e : SEAL : *% Rosalinda Ibarra, City Cle'��-i""'c5 +‘�,HING�_ CONTRACT THIS AGREEMENT, made and entered into in triplicate, this t 1 day of )61-4n • , 2024, by and between the City of Yakima, hereinafter called the Owner, and M Sevigny Construction, Inc. 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:$513,342.00, for City of Yakima—Washington Fruit Community Center-HVAC&Roofing Project,City of Yakima Project Nos.2653&2654, all in accordance with,and as described in the attached specifications and the 2023 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 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. a. 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. b. 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. c. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of indemnification in any third party. d. The terms of this Section shall survive any expiration or termination of this Contract. 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 7 day of 16-ill 2024. ��++�� j$€vs&y n 1,t ll� 'r,,1caWA Corporation Construct) ipany qe gy:6�'�act Y 14jgn / at a Contractor Signat R l-e r 01-1. Met- coi Sev► ni (Printed Name) (Printed Name) Attest: • V r q ‘111 i 174 ` � � li 1. \ - I * : SEAL !A Its: vre ‘ City Clerk '11 +*� r.,% (President,Owner,etc.) Ill41y\,\`I`C.`O; = Address: I al a 1 100=" v-Q._ CITY CONTRACT NO. C-' JDI S RESOLUTION NO. R-202--LI-On 9C.L.k--0? W o 91610 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEM ENT Item No. 7.H. For Meeting of: January 16, 2024 ITEM TITLE: Resolution authorizing a contract with M Sevigny Construction Inc for the Washington Fruit Community Center Roof& HVAC Projects 2653 &2654 SUBMITTED BY: Scott Schafer, Director of Public Works * Bill Preston, PE, City Engineer(509) 576-6754 SUMMARY EXPLANATION: The Washington Fruit Community Center (WFCC) requires replacement of the roofing and replacement and modification of the existing heating, ventilating, and air-conditioning (HVAC) systems located on the roof of the WFCC. The City of Yakima (City) used the procedure established by Washington State law for the bidding and awarding of public capital improvement projects with M Sevigny Construction Inc being selected to provide construction on the projects in the amount not to exceed $513,342.00. The project is funded with CDBG and REET funds. The Agreement has been attached for City Council review. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Description Upload Date Type D Resolution M Sevigny Construction WFCC 1/4/2024 Resolution ❑ Contract 12/28/2023 Contract