HomeMy WebLinkAboutRes2017-047Sponsored by: Hunt
CITY OF SEWARD, ALASKA
RESOLUTION 2017-047
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO AMEND THE
CONSTRUCTION CONTRACT WITH HAMILTON CONSTRUCTION,
LLC (HCL) IN AN AMOUNT NOT TO EXCEED $4,373,932.66 FOR
ADDITIONAL PHASE 1 HARBOR IMPROVEMENTS AT THE SEWARD
MARINE INDUSTRIAL CENTER, AND APPROPRIATING FUNDS
WHEREAS, the City of Seward, using State of Alaska funds, hired R & M Consultants
in 2011 to design a new breakwater at SMIC; and
WHEREAS, the City of Seward after an extensive bidding process in 2015 issued a
construction contract to Hamilton Construction LLC, for Phase 1 SMIC Harbor Improvements
breakwater project; and
WHEREAS, the original construction contract with Hamilton Construction is almost
complete; and
WHEREAS, the funds remaining R&M Consultants issued RFP #5 to Hamilton
Construction for additional improvements within the SMIC basin; and
WHEREAS, Hamilton Construction has responded to RFP #5 with final pricing for
additional improvements to the SMIC basin; and
WHEREAS, the City and R&M Consultants, Inc. reviewed their response to RFP #5 and
concluded that Hamilton Constructions price is within the City's remaining budget for continued
improvements to the SMIC basin.
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 a construction contract
amendment not -to -exceed $4,373,932.66 with Hamilton Construction, LLC, for Phase 1 Harbor
Improvements for the Seward Marine Industrial Center.
Section 2. It is in the public interest to authorize this award without competitive
bidding based on the findings above, that are incorporated herein, and in accordance with Seward
City Code 6.10.130.
Section 3. Funding for this contract amendment in an amount not -to -exceed
$4,373,932.66 is hereby appropriated from State of Alaska DCCED grant fund account 12331-
0000-5922 to SMIC Breakwater Infrastructure account no. 12331-0000-8101.
CITY OF SEWARD, ALASKA
RESOLUTION 2017-047
Section 4. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this
28`h day of August, 2017.
THE CITY OF SEWARD, ALASKA
Qw4t-� td���
can Bardarson, Mayor
AYES:
Casagranda, Squires, McClure, Altermatt, Bardarson
NOES:
None
ABSENT:
Keil, Slater
ABSTAIN:
None
ATTEST:
(City Seal) OF SE
:�G''o . PO Rq���'�
ra.Ga R�`;
• = SEAL
+•'�qTF OF X"r ��� `
Agenda Statement
Meeting Date: August 28, 2017
To: City Council
Through: Jim Hunt, CM
From.: Norm Regis, Harbormaster
Agenda Item: Authorizing the City Manager to amend the SMIC Harbor Improvements
Phase I Breakwater Construction contract with Hamilton Construction,
LLC, (HCL) by an amount not to exceed $4,373,932.66 for work including
North Dock sheet pile tail wall extension, North Dock cathodic protection,
North Dock Fender and ladder replacement, moorage float system, Travelift
dock widening, a 10-ton crane on the North Dock, and appropriating funds.
BACKGROUND & JUSTIFICATION:
Since 2011 a legislative priority of the City of Seward has been the completion of the breakwater
and addition of other vital harbor improvements at the Seward Marine Industrial Center (SMIC).
$25.9 million in funding has been secured through a combination of statewide bonds and
legislative appropriations. Resolution 2015-071 awarded HCL a contract to finalize the
rubblemound breakwater, replace the turning dolphin and relocate two outfall pipes, and install
navigation aids. That work is at the final survey stage and sufficient funds remain to add further
improvements that address user priorities and that will generate revenue or avoid costs for the
SMIC enterprise fund, including: North Dock sheet pile tail wall extension, North Dock cathodic
protection, fender and ladder replacement, a moorage float system, Travelift dock widening and
washpad heat, and a 10-ton public use crane located on the North Dock.
The City has, through R&M, requested HCL provide a quantities and pricing schedule based on
the completed engineering specifications for the additional harbor improvements, and HCL has
responded with a final pricing schedule of $4,373,932,66.
Seward City Code 6.10.130 provides authority for the City Council to determine that the public
interest is best served by not requiring competitive bid processes based on a finding that the
services can be procured at a lower cost without competitive bidding. Since HCL is currently
mobilized on scene and completing the original project scope, the City can gain economies of time
and cost by continuing the work and not starting a new standalone project through competitive
bidding.
All required permitting for the additional project scope is completed.
INTENT:
Develop SMIC infrastructure to the fullest extent possible with the State funding.
CONSISTENCY CHECKLIST:
Yes
No
N/A
Comprehensive Plan (document source here): Plan_for adequate port
1'
infrastructure that will serve the needs of users ... at the Seward
X
Marine Industrial Center (SMIC), sustain an increase above the
current activity, and attract new business. (page 24)
2
Strategic Plan (document source here): Develop infrastructure
X
expansion plans for currently underdeveloped property. (page 5)
3.
Other (list):
FISCAL NOTE:
All of the cost of the engineering and construction work will be paid from grants from the State of
Alaska.
Approved by Finance Department:
ATTORNEY REVIEW: Yes X No N/A
RECOMMENDATION:
Council approves Resolution 2017- 0 4 7 , authorizing a construction contract amendment with
HCL for additional SMIC Phase 1 Harbor Improvements in an amount not to exceed
$4,373,932.66, and appropriating funds.
SECTION 000500 - CONTRACT
CITY OF SEWARD, ALASKA
SMIC Harbor Improvements Phase I
Breakwater Construction, project 2015-1163
CONTRACT ("Contract"), between the City of Seward, Alaska, herein called the City, acting by and
through its City Manager, and upon signing. this document shall serve as the notice to proceed, and
Company Name: Hamilton Construction LLC
Company Address: P. O. Box 241952, Anchorage, Alaska 99524
a/an Individual Partnership _Joint Venture X Single Member Sole Proprietorship LLC
Corporation incorporated under the laws of the State of Alaska, its successors and assigns, herein called the
Contractor, is effective the date of the signature of the City Manager on this document.
The Contractor, for and in consideration of the payment or payments herein specified and agreed to by
the City, hereby covenants and agrees to furnish and deliver all the materials and to do and perform all
the work and labor required in the construction of the above -referenced project as bid by the Contractor,
which bid and prices named, together with the Contract Documents (as hereinafter defined) are made a
part of this Contract and accepted as such. It is distinctly understood and agreed that no claim for
additional work or materials, done or furnished by the Contractor and not specifically herein provided for,
will be allowed by the City, nor shall the Contractor do any work or furnish any material not covered by
this Contract, unless such work or materials is ordered in writing by the City. In no event shall the City be
liable for any materials furnished or used, or for any work or labor done, unless the materials, work, or
labor are required by the Contract or on written order furnished by the City. Any such work or materials
which may be done or furnished by the Contractor without written order first being given shall be at the
Contractor's own risk, cost, and expense and the Contractor hereby covenants and agrees to make no
claim for compensation for work or materials done or furnished without such written order.
Notwithstanding the foregoing, payment under this Contract shall not exceed
Fifteen Million Thirty Two Thousand One Hundred One & 80/100 dollars ($15,032, 101.80) for all base items,
additional work, and change orders.
The Contractor further covenants and agrees that all materials shall be furnished and delivered and all
work and labor shall be done and performed, in every respect, to the satisfaction of the City, on or before:
April 30, 2017 or within 630 calendar days following the date of notice to proceed. It is
expressly understood and agreed that in case of the failure on the part of the Contractor, for any reason,
except with the written consent of the City, to complete the furnishing and delivery of materials and the
doing and performance of the work before the aforesaid date, the City shall have the right to deduct from
any money due or which may become due the Contractor, or if no money shall be due, the City shall have
the right to recover One Thousand Five Hundred& 00/100 dollars ($1,500.00 )per day and ADDITIONAL
LIQUIDATED DAMAGE refer to the Modification of the General Conditions in Article 11.8 for each calendar day
elapsing between the time stipulated for the completion and the actual date of completion in accordance
with the terms hereof,- such deduction to be made, or sum to be, recovered, not as a penalty but as
liquidated damages. Provided, however, that upon receipt of written notice from the Contractor of the
existence of causes over which: the Contractor has no control and which must delay furnishing of
materials or the completion of the work, the Contracting Officer may, at his or her discretion, extend the
period specified for the furnishing of materials or the completion of the work, and in such case the
Contractor shall become liable for liquidated damages for delays commencing from the date on which the
extended period expires.
The bonds given by the Contractor in the sum of $15,032, 101 .80 Payment Bond, and $ 15,032,101.80
SMIC Harbor Improvements CONTRACT
Section 000500 Page 1
• MI it 0 ' I r I
Performance Bond, to secure the proper compliance with the terms and provisions of this Contract, are
submitted herewithand made a part hereof,
The Contractor further covenants and agrees that the entire construction will be done under the
administration of and to the complete satisfaction of the City subject to the inspection at all times and
approval by any regulatory agency of the Local, State, or Federal Government of the United States of
America, and in accordance with the laws of the State of Alaska and the City of Seward.
For Purposes of this Contract, Contracting Officer means Ron Long or any other person designated by the City
Manager.
The Contractor is an independent contractor and not an employee or agent of the City,
Contract Documents shall have the meaning ascribed by the General Conditions Of the Construction
Contract, and include but are not limited to this Contract, the General Conditions of the Construction
Contract, the Supplementary Conditions, and the following listed documents:
(1) Resolution 2015-071 (2) SMIC Harbor Improvements — Phase 1, project 2015-1163 Project bid
documents dated May 2015
IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and
conditions,
Company Name:
Signature of Authorized Company Representative:
Typed Name and Title. -
Date: &U_qust 10, 2015
Signature of City Ma
Typed Name., Jim Hunt
,---
bate: if,
City
(ATTEST)
SMIC Harbor improvements