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HomeMy WebLinkAboutRes2010-014 Sponsored by: Oates CITY OF SEWARD, ALASKA •• RESOLUTION 2010 -014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH WEST CONSTRUCTION COMPANY AT A RATE OF $4.88 PER CUBIC YARD FOR AN AMOUNT NOT -TO- EXCEED 19,900 CUBIC YARDS OF ROCK FROM THE QUARRY FOR AN EXTENSION TO THE BREAKWATER AT THE SEWARD SMALL BOAT HARBOR WHEREAS, after authorization through WRDA in 1999, a breakwater for the City of Seward's boat harbor was designed and constructed by the U.S. Army Corps of Engineers; and WHEREAS, construction of the breakwater was completed in FY 2005; and WHEREAS, a number of subsequent inclement weather events revealed that the new breakwater did not adequately protect boats in the harbor; and WHEREAS, after examining the impact of heavy wave action in the harbor, the Corps acknowledged responsibility for an engineering design error; and • WHEREAS, a subsequent engineering assessment by the Corps identified extension of the outer breakwater by 215 feet as the most cost - effective and technically- viable solution; and WHEREAS; the Unites States Congress recently approved a WRDA project modification authorization to correct and fund the problem to extend the breakwater; and WHEREAS, the breakwater extension requires an estimated 19,900 cubic yards of rock; and WHEREAS, West Construction Company (West) has entered into a contract with a third party wherein West has agreed to provide approximately 19,900 cubic yards of rock for an extension to the breakwater at the Seward Small Boat Harbor, in accordance with a contract between West and the United States; and WHEREAS, West has determined that a sufficient quantity of rock of the quality needed for the Project is available at the City's rock quarry located on Tract "C" of the Fourth of July Creek Tracts according to Plat 84 -6, commonly referred to as the Seward Marine Industrial Center ( "SMIC "), whose location is within Section 17, T1S, RIS, Seward Meridian ( "the Quarry "); and CITY OF SEWARD, ALASKA RESOLUTION 2010 -014 4 WHEREAS, West shall have non - exclusive rights to remove Rock from the Quarry during the term of this Agreement; and WHEREAS, the City shall have access to the Quarry to remove rock as needed to respond to any emergency threatening the safety of person or property; and WHEREAS, West acknowledges that other persons may have nonexclusive rights granted by the City to remove rock from the Quarry, now and in the future, and West expressly agrees to take all actions necessary (1) to avoid interfering with their activities and (2) to promote safety within the Quarry; and WHEREAS, the city manager and the public works department looked at historical data for pricing of rock from the City's Quarry and two other quarries in the state and concluded that $4.88 per cubic yard is a fair market value; and WHEREAS, the cost of rock at $4.88 per cubic yard is in the best interest of the City per SCC 7.25.010 because the material will be used for a City project; and WHEREAS, the City wishes to enter into an agreement whereby West may extract rock from the Quarry for use on the Project without interfering with other users at the g Quarry. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The city manager is hereby authorized to enter into an agreement, in substantial form as presented at this meeting, with West Construction Company to provide approximately 19,900 cubic yards of rock for an extension to the breakwater at the Seward Small Boat Harbor in accordance with a contract between West and the United States. Section 2. The City will be reimbursed for rock removed from the Quarry at the rate of $4.88 per cubic yard on or before the first day of each month without demand or notice from the City. Section 3. The cost of the rock at $4.88 per cubic yard is in the best interest of the City per SCC 7.25.010. Section 4. The $97,112 in revenues from the sale of the rock quarry will be taken from the general fund and committed to the capital acquisition fund for the purpose of cleaning up the rock quarry. Section 5. This resolution shall take effect immediately upon its adoption. CITY OF SEWARD, ALASKA RESOLUTION 2010 -014 PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 22' day of February 2010. THE CITY OF SEWARD, ALASKA illard E. Dunham, Mayor AYES: Valdatta, Bardarson, Keil, Amberg, Shafer, Dunham NOES: None ABSENT: Smith ABSTAIN: None 6 ,„ ATTEST: „ s'''par' SEWN, • • j-an Le `is, C ' x --�-- ity Cler : i SEAL -,_, :� • • (City Seal) •. 4S:esZtike .... � '' + *T OF AL,;.+' iimer Council Agenda Statement Meeting Date: February 22, 2010 a of s ett. O Through: Phillip Oates, City Manager ° gtasv-P From: W.C. Casey, Public Works Director Agenda Item: Authorizing the City Manager to Enter into an Agreement with West Construction Company Contract at the rate of $4.88 per cubic yard for an amount not -to- exceed 19,900 cubic yards of rock from the City's Quarry for an extension to the breakwater at the Seward Small Boat Harbor. BACKGROUND & JUSTIFICATION: After authorization through the Water Resources Development Act (WRDA) in 1999, a breakwater for the City of Seward's boat harbor was designed and constructed by the U.S. Army Corps of Engineers. The construction of the breakwater was completed in FY 2005. A number of subsequent inclement weather events revealed that the new breakwater did not adequately protect boats in the harbor. Examining the impact of heavy wave action in the harbor, the Corps acknowledged responsibility for an engineering design error. A subsequent engineering assessment by the Corps identified extension of the outer breakwater by 215 feet as the most cost - effective and technically- viable solution. The Unites States Congress recently approved a WRDA project modification authorization to correct and fund the problem to extend the breakwater. The breakwater extension requires an estimated 19,900 cubic yards of rock. West Construction Company (West) has entered into a contract with a third party wherein West has agreed to provide approximately 19,900 cubic yards of rock for an extension to the breakwater at the Seward Small Boat Harbor, in accordance with a contract between West and the United States. West has determined that a sufficient quantity of rock of the quality needed for the Project is available at the City's rock quarry located on Tract "C" of the Fourth of July Creek Tracts according to Plat 84 -6, commonly referred to as the Seward Marine Industrial Center ( "SMIC ") whose location is within Section 17, Ti S, RIS, Seward Meridian ( "the Quarry "). West shall have non- exclusive rights to remove Rock from the Quarry during the term of this Agreement. The City shall have access to the Quarry to remove rock as needed to respond to any emergency threatening the safety of person or property. West acknowledges that other persons may have nonexclusive rights granted by the City to remove rock from the Quarry, now and in the future. West expressly agrees to take all actions necessary (1) to avoid interfering with their activities and (2) to promote safety within the Quarry. The City wishes to enter into an agreement whereby West may extract rock from the Quarry for use on the Project without interfering with other users at the Quarry. The city manager and the public works department looked at historical data for pricing of rock from the City's Quarry and two other quarries in the state and concluded that $4.88 per cubic yard is a fair market value. The cost of rock at $4.88 per cubic yard is in the best interest of the City per SCC 7.25.010 because the material will be used for a City project. INTENT: To enter into an agreement with West Construction Company for $4.88 per cubic yard and provide approximately 19,900 cubic yards of rock for an extension to the breakwater at the Seward Small Boat Harbor. ATTORNEY REVIEW: YES CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. FISCAL NOTE: Revenues from the sale ofquarry rock will benefit the City's general fund in an amount not to exceed $97,112.00. Approved by Finance Department: RECOMMENDATION: Council to approve Resolution 2010- OIL/ - authorizing the city manager to enter into an agreement, in substantial form as presented at this meeting, with West Construction Company at the rate of $4.88 per cubic yard for an amount not -to- exceed 19,900 cubic yards of rock from the Quarry for an extension to the breakwater at the Seward Small Boat Harbor.