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HomeMy WebLinkAboutRes2016-053Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2016-053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT IN AN AMOUNT NOT TO EXCEED $58,903.00 WITH HARMON CONSTRUCTION, INC. TO PROVIDE ABATEMENT, DEMOLITION, AND REMOVAL SERVICES FOR DERELICT CITY -OWNED STRUCTURES LOCATED AT 408 MADISON AND 516 — 522 FIRST AVENUE, AND APPROPRIATING FUNDS WHEREAS, in 2012 and 2013 the City took possession through the tax foreclosure process of Lots 29, 30, 31 and 32, Block 27 and the West'/2 of Lots 19 and 20, Block 30 Original Townsite of Seward; and WHEREAS, the intent of the City was to obtain ownership through the foreclosure process by paying the delinquent taxes, contracting the cleanup of the properties, then selling the properties to recover the costs incurred and finally placing the properties back on the tax roll; and WHEREAS, both of these property locations are in derelict condition, extreme eye sores, and are public safety hazards; and WHEREAS, over the past few years numerous complaints have been received from the public regarding the condition of these properties; and WHEREAS, at the May 23, 2016 meeting the City Manager provided the scoring criteria and informed the Council of the Request For Proposals (RFP) to provide abatement, demolition and removal service; and WHEREAS, two (2) qualified proposals were received from professional contractors; three (3) staff reviewed and scored the proposals on July 7, 2016; Harmon Construction, Inc. scored the highest of the proposers with a bid price of $58,903.00; and WHEREAS, on July 11, 2016 an Intent To Award notice was issued and the City of Seward Professional Services Agreement was signed by Harmon Construction, Inc. and is included with this resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Council hereby authorizes the City Manager to enter into the Professional Services Agreement with Harmon Construction, Inc. as attached hereto, in substantial form, in an CITY OF SEWARD, ALASKA RESOLUTION 2016-053 amount not to exceed $58,903.00 for abatement, demolition, and removal services. Section 2. The Council further authorizes the appropriation in an amount not to exceed $58,903.00 from the General Fund account 01000.1180.7810 for the abatement demolition and removal contract. Section 3. This resolution shall take effect immediately. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 22"d day of August, 2016. THE CITY OF SEWARD, ALASKA a' e2Z2 can Bardarson, Mayor AYES: Keil, Squires, Butts, McClure, Bardarson NOES: None ABSENT: Casagranda, Altermatt ABSTAIN: None ATTEST: renda J. Ballou, 0MC Acting City Clerk of S (City pS�0R,9 ••. 'Q • � SEAL � • �tigTF OF APS ••`. Agenda Statement Meeting Date: August 22, 2016 To: City Council qil Through: Jim Hunt, City Manager Ron Long, Assistant City Manager From: Donna Glenz, Planner Agenda Item: Approving a professional services contract with Harmon Construction for abatement / demolition and removal services BACKGROUND & JUSTIFICATION: In 2012 and 2013 the City of Seward took possession of two separate properties through the tax foreclosure process. All parcels are City owned and located within the City limits of Seward. • Site number 1 is located at 516 — 522 First Avenue, Lots 29, 30, 31 and 32, Block 27 Original Townsite of Seward, Tax Parcel ID numbers 14805003 & 14805004. • Site number 2 is located at 408 Madison, the West % of Lots 19 and 20, Block 30, Original Townsite of Seward, Tax Parcel ID number 14813010. The intent of the City has always been to obtain ownership through the foreclosure process by paying the delinquent taxes, contracting the cleanup of the properties, then selling the properties to recover the costs incurred and finally placing the properties back on the tax roll. Once the properties were obtained, the City had difficulties is securing a contractor to complete the demo and cleanup of these derelict properties. Both of the these property locations are in derelict condition, extreme eye sores and are public safety hazards, over the past few years the City has received numerous complaints from the public regarding the unsightly and derelict conditions. In February 2016 the City was able to hire the Satori Group to perform a hazardous materials survey of the properties. Once the inspection was performed and the report provided the City was able to conduct the Request for Proposals (RFP) for the abatement / demolition and removal services needed. The City Manager provided the scoring criteria and informed the Council of the RFP to provide the needed services, at the May 23, 2016 Council meeting. Two (2) qualified proposals were received from professional contractors; three (3) staff reviewed and scored the proposals on July 7 h; Harmon Construction, Inc. scored the highest of the proposers with a bid price of $58,903.00. The amount of $58,903.00 was the lowest, responsive proposal and met the qualifications of the City. Harmon Construction was sent a letter of intent to award on July 11, 2016 and the City of Seward Professional Services Agreement was signed by Harmon Construction and is included with this resolution. INTENT: Award the Professional Services Agreement for abatement / demo and removal services. CONSISTENCY WITH CITY PLANS Yes No N/A Comprehensive Plan (2020, approved by Council August 8, 2005) • Community Appearance Improve the appearance of the entire community through increased ...... 1. • Removal of numerous abandoned and X dilapidated buildings by both city and private property owners (page 9) • 3.9.2.1 Encourage citizens, as well as the city, to take an active role in beautifying the community. (page 30). Strategic Plan (Approved by Council Resolution 99-043): X 2 • Promote a safe community (Page t s) 3 Seward City Code: X Numerous sections of title 9, Health and Safety support this action: FISCAL NOTE: The costs incurred for the delinquent taxes, hazardous material inspection, staff time, RFP advertisement and the abatement, demo and removal and any other costs will be recovered in the sale of the properties. Approved by Finance Department: ATTORNEY REVIEW: Yes No X RECOMMENDATION: Council to approve Resolution 2016- 0 5 3 , authorizing the City Manager to enter into the Professional Services Agreement with Harmon Construction, Inc. as attached hereto, in substantial form, in an amount not to exceed $58,903.00. Professional Services Agreement for Abatement / Demolition, Removal and Dis osal Services This AGREEMENT, made and entered into this to day of _, 2016 by and between the CITY OF SEWARD, a home rule municipal corporation located within the Kenai Peninsula Borough and organized under the laws of the State of Alaska, hereinafter referred to as the "City" and Harmon Construction, Inc. a construction, firm authorized to do business in Alaska, with offices located at 802.5 Port Avenue, Seward, Alaska, hereinafter referred to as the "Contractor." WITNESSETH WHEREAS, the City of Seward wishes to enter into a contract with an independent contractor / firm to provide Abatement / Demolition Removal and Disposal of all structures, trash and debris from two separate site locations owned by the City of Seward, located in Seward, Alaska; and WHEREAS, in response to a request for a proposal, Harmon Construction, Inc. submitted a proposal asserting it is qualified to perform these services and able to do so in a timely manner; and NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1.0 DEFINITION 1.1 "Agreement" shall mean this Professional Services Agreement, including: Exhibit A: Contractor's Proposal for Abatement / Demolition Removal and Disposal Services dated July 1, 2016 Exhibit B: Contractor's Certificate of Insurance 1.2 "Change Order" is an addition to, or reduction of, or other revision approved by the City in the scope, complexity, character, or duration of the services or other provisions of this Agreement, 1.3 "City" shall all mean the City of Seward, Alaska. 1.4 "Contracting Officer" shall mean City Planner, Donna Glenz, and include any successor or authorized representative. 1.5 "Project" shall mean the Abatement / Demolition, Removal and Disposal of all structures, trash and debris from two separate site locations owned by the City of Abatement I Demolition and Removal Services- -2016- -Page 1 of 8- Seward. 2.0 TERM OF AGREEMENT. This Agreement shall take effect upon execution. This Agreement shall remain in full force and effect until the Project has been completed and further, until all claims and disputes have been concluded. The work is considered complete when the City has found acceptable the finished product of all work described in Contractor's Scope of Services or changes thereto. This Agreement may be amended only in writing and upon compliance with all applicable statutes, ordinances, and regulations. 3.0 FEES. The total fees shall not exceed $ 58,903.00. (to be completed based on accepted proposal) 4.0 SCOPE OF SERVICES. The City and the Contractor have agreed upon the scope of work described in Exhibit A, to provide professional abatement / demolition, removal and disposal services based on standard industry practice. This Scope of Services can only be changed in writing pursuant to Section 26.0 of this Agreement. 5.0 SCHEDULE FOR COMPLETION. The schedule for completion for all work described herein shall be as described in Exhibit A. 6.0 PERSONNEL/ORGANIZATION 6.1 Key Personnel. Work and services provided by the Contractor will be performed by: Lawrence Harmon. 6.2 Changes in Key Personnel. The Contractor shall give the City reasonable advance notice of any necessary substitution or change of key personnel and shall submit justification therefore in sufficient detail to permit the City to evaluate the impact of such substitution on this Agreement. No substitutions or other changes shall be made without the written consent of the City. 7.0 STANDARD OF PERFORMANCE. The Contractor agrees to provide all required professional labor, material, equipment, tools, supervision, transportation, disposal costs and other amenities necessary to complete the project and any additions or changes thereto. The Contractor accepts the relationship of trust and confidence established between it and the City by this Agreement. The Contractor covenants with the City to furnish its best skill and judgment, and to further the interest of the City at all times through efficient business administration and management. The Contractor shall provide all services in a competent manner. It is understood that some of the services to be rendered hereunder require professional judgment and skill. In those cases, the Contractor agrees to adhere to the standards of the applicable profession. 8.0 TIMELINESS OF PERFORMANCE. Time is of the essence in this Agreement. Abatement / Demolition and Removal Services- -2016- -Page 2 of 8- Contractor's failure to meet any such deadlines or required performance may adversely imperil other contractual obligations of the City. If the Contractor fails to meet the agreed upon schedule within Exhibit A, the Contractor shall pay as liquidated damages and not as penalty $200.00 per day for each day after October 1, 2016 the final site inspection for either site remains unaccepted by the City. 9.0 COMPLIANCE WITH LAWS. The Contractor shall be familiar with and at all times comply with and observe all applicable federal, state and local laws, ordinances, rules, regulations, and executive orders, all applicable safety orders, all orders or decrees of administrative agencies, courts, or other legally constituted authorities having jurisdiction or authority over the Contractor, the City, or the service which may be in effect now or during performance of the services. 10.0 INDEMNITY. The Contractor shall indemnify, defend, and hold harmless the City from and against any claim of, or liability for, negligent acts, errors, and omissions of the Contractor under this agreement, including attorney fees and costs. The Contractor is not required to indemnify, defend, or hold harmless the City for a claim of, or liability for, the independent negligent acts, errors, and omissions of the City. If there is a claim of, or liability for, a joint negligent act, error, or omission of the Contractor and the City, the indemnification, defense, and hold harmless obligation of the Contractor, and liability of the parties, shall be apportioned on a comparative fault basis. In this provision, "Contractor" and "City" include the employees, agents, and Contractors who are directly responsible, respectively, to each. In this provision, "independent negligent acts, errors, and omissions of the City" means negligence other than in the City's selection, administration, monitoring, or controlling of the Contractor, or in approving or accepting the Contractor's work or the Contractor's sub -Contractors. 11.0 INSURANCE. The Contractor understands that no City insurance coverage, including Workers' Compensation, are extended to the Contractor while completing the terms of this Agreement. The Contractor shall carry adequate (commercially reasonable coverage levels) insurance covering Workers' Compensation, general public liability, automobile, and property damage including a contractual liability endorsement covering the liability created or assumed under this Agreement. The Contractor shall not commence work under this Agreement or any work on any phase of the Project until the Contractor provides the City with certificates of insurance evidencing that all required insurance has been obtained. These insurance policies and any extension or renewals thereof must contain the following provisions or endorsements: a. City is an additional insured thereunder as respects liability arising out of or from the work performed by Contractor of City of Seward. b. City will be given thirty (30) days prior notice of cancellation or material alteration of any of the insurance policies specified in the certificate. c. Insurer waives all rights of subrogation against City of Seward and its employees or elected officials. Abatement 1 Demolition and Removal Services- -2016- -Page 3 of S- d. The insurance coverage is primary to any comparable liability insurance carried by the City of Seward. Upon request, Contractor shall permit the City to examine any of the insurance policies specified herein. Any deductibles or exclusions in coverage will be assumed by the Contractor, for account of, and at the sole risk of the Contractor. The minimum amounts and types of insurance provided by the Contractor shall be as set forth in Exhibit B, subject to revision at the City's request in order to provide continuously throughout the term of the Agreement a level of protection consistent with good business practice and accepted standard of the industry. 12.0 GOVERNING LAW, The laws of Alaska will determine the interpretation, performance and enforcement of this Agreement. 13.0 OWNERSHIP OF WORK PRODUCTS. Payment to the Contractor for services hereunder include full compensation for all work products and other materials produced by the Contractor and its sub -Contractors pertaining to this Agreement. 14.0 PATENTS, TRADEMARKS, AND COPYRIGHTS. The Contractor agrees to defend, indemnify, and save the City harmless from and against any and all claims, costs, royalties, damages and expenses of any kind of nature whatsoever (including attorneys' fees) which may arise out of or result from or be reasonably incurred in contesting any claim that the methods, processes, or acts employed by the Contractor or its employees in connection with the performance of services hereunder infringes or contributes to the infringement of any letter patent, trademark, or copyright. In case such methods, processes, or acts are in suit held to constitute infringement and use is enjoined, the Contractor, within reasonable time and at its own expense, will either secure a suspension of the injunction by procuring for the City a license or otherwise, or replace such method, process, etc., with one of equal efficiency. 15.0 NONWAIVER. No failure of the City or Contractor to insist upon the strict perfor- mance by the other of any of the terms of this Agreement or to exercise any right or remedy herein conferred shall constitute a waiver or relinquishment to any extent of its rights to rely upon such terms or rights on any future occasion. Each and every term, right, or remedy of this Agreement shall continue in full force and effect. 16.0 SAFETYIPERFORMANCE. The Contractor shall perform the work in a safe and workmanlike manner. The Contractor shall comply with all federal and state statues, ordinances, orders, rules, and regulations pertaining to the protection of workers and the public from injury or damage, and shall take all other reasonable precautions to protect workers and the public from injury or damage. 17.0 SUSPENSION OR TERMINATION. Abatement 1 Demolition and Removal Services- -2016- -Page 4 of 8- 17.1 Fault Termination or Suspension. This Agreement may be terminated by either party upon ten (10) days written notice if the other party fails substantially to perform in accordance with its terms. If the City terminates this Agreement it will pay the Contractor a sum equal to the percentage of work completed and accepted by the City that can be substantiated by the Contractor and the City, offset by any amounts owed to the City. However, within the ten (10) day Notice of Intent to terminate the party in default shall be given an opportunity to present a plan to correct its failure. 17.2 Convenience Suspension or Termination. The City may at any time terminate or suspend this Agreement for any reason including its own needs or convenience. In the event of a convenience termination or suspension for more than six (6) months, the Contractor will be compensated for authorized services and authorized expenditures performed to the date of receipt of written notice of termination or suspension. No fee or other compensation for the uncompleted portion of the services will be paid, except for already incurred indirect costs which the Contractor can establish and which would have been compensated but because of the termination or suspension would have to be absorbed by the Contractor without further compensation. 17.3 Activities Subsequent to Receipt of Notice of Termination or Suspension. Immediately upon receipt of a Notice of Termination or suspension and except as otherwise directed by the City or its Representative, the Contractor shall: a. stop work performed under this Agreement on the date and to the extent specified in the Notice; and b. transfer title to the City (to the extent that title has not already been transferred) and deliver in the manner, at the times, and to the extent directed by the City's representative, work in progress, completed work, supplies, and other material produced as a part of, or acquired in respect of the performance of the work terminated or suspended by the Notice. 18.0 EQUAL EMPLOYMENT OPPORTUNITY. The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, or because of age, physical handicap, sex, marital status, change in marital status, pregnancy, or parenthood when the reasonable demands of the position do not require distinction on the basis of age, physical handicap, sex, marital status, changes in marital status, pregnancy, or parenthood. The Contractor shall take affirmative action required by law to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, national origin, ancestry, age, or marital status. 19.0 NO ASSIGNMENT OR DELEGATION. The Contractor may not assign, subcontract or delegate this Agreement, or any part of it, or any right to any of the money to be paid under it without written consent of the Contracting Officer. Abatement 1 Demolition and Removal Services- -2016- -Page 6 or 8- 20.0 INDEPENDENT CONTRACTOR. The Contractor shall be an independent Contractor in the performance of the work under this Agreement, and shall not be an employee or agent of the City. 21.0 PAYMENT OF TAXES. As a condition of performance of this Agreement, the Contractor shall pay all federal, state and local taxes incurred by the Contractor and shall require their payment by any other persons in the performance of this Agreement. 22.0 PRECEDENCE AND DIVISIBILITY. The provisions of this Agreement shall fully govern the services performed by the Contractor. If any term, condition, or provision of this Agreement is declared void or unenforceable, or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. 23.0 ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties as to the services to be rendered by the Contractor. All previous or concurrent agreements, representations, warranties, promises, and conditions relating to the subject matter of this Agreement are superseded by this Agreement. 24.0 COMPLETION OF WORK TERM OF AGREEMENT. The Contractor shall perform all work in a timely fashion, and in accordance with the schedules included in this Agreement and Exhibits. 25.0 CLAIMS AND DISPUTES. Venue for all claims and disputes under this Agreement, if not otherwise resolved by the parties, shall be in the appropriate Alaska State court in Anchorage, Alaska. 26.0 CHANGES IN SCOPE OF WORK. 26.1 General. No claim for additional services not specifically provided in this Agreement will be allowed, nor may the Contractor do any work or furnish any materials not covered by the Agreement unless the work or material is ordered in writing by the Contracting Officer. Preparation of Change Orders and design changes, due to errors and/or omissions by the Contractor, will be done at the sole expense of the Contractor. 26.2 Chanties in Scope of Work. The City or its representative may, at any time, by a written Change Order delivered to the Contractor, make changes to the scope of work, or authorize additional work outside the scope of work. 26.3 Compensation to the Contractor. If any Change Order for which compensation is allowed under this Article causes an increase or decrease in the estimated cost of, or time required for, the performance of any part of the work under this Agreement, or if such change otherwise affects other provisions of this Agreement, an equitable adjustment will be negotiated. Such an adjustment may Abatement 1 Demolition and Removal Services- -2016- -Page 6 of 8- be: a. in the estimated cost or completion schedule, or both; b. in the amount of fee to be paid; and c. in such other provisions of the Agreement as may be affected, and the Agreement shall be modified in writing accordingly. 26.4 Any claim by the Contractor for adjustment under this section must be asserted within fifteen (15) days from the day of receipt by the Contractor of the notification of change; provided, however, that the City or its representative, deciding that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this Agreement. Failure to agree to any adjustment shall be a dispute within the meaning of Section 25.0 of this Agreement. 27.0 LIMITATION OF FUNDS. 27.1 At no time will any provision of this Agreement make the City or its representative liable for payment for performance of work under this Agreement in excess of the amount that has been appropriated by the City Council and obligated for expenditure for purposes of this Agreement. 27.2 Change orders issued pursuant to Section 26 of this Agreement shall not be considered an authorization to the Contractor to exceed the amount allotted in the absence of a statement in the change order, or other modification increasing the amount allotted. 27.3 Nothing in this Section shall affect the right of the City under Section 17 to terminate this Agreement. 28.0 PRIOR WORK. For the purposes of this Agreement, work done at the request of the City or its representative before execution of this Agreement shall be deemed to be work done after its execution and shall be subject to all the conditions contained herein. Abatement 1 Demolition and Removal Services- -2016- -Page 7 of 8- 29.0 NOTICES. Any notices, bills, invoices, or reports required by the Agreement shall be sufficient if sent by the parties in the United States mail, postage paid, to the address noted below: Donna Glenz, Lawrence Harmon Planner President City of Seward Harmon Construction, Inc. PO Box 167 PO Box 1650 Seward, Alaska 99664-0167 Seward, Alaska 99664-1650 IN WITNESS WHEREOF, the parties have executed this Agreement. City of Seward By: Jim Hunt Title: City Manager Date: ATTEST: Johanna Kinney, CMG City Clerk (City seal) Harmon Construction By: �Hart on Title: President Date: 2 _A51__ A� Abatement / Demolition and Removal Services- -2016- -Page 8 of 8- Z D � i � a �+l V LAJ 4 O i 4 4 ri M V-1 w o � t �! 0 0 Q Sc o E .x L F- T t u n9 N