HomeMy WebLinkAboutRes1995-059
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Sponsored by: Tones
CITY OF SEWARD, ALASKA
RESOLUTION NO. 95-059
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, APPROVING A CONTRACT WITH
AFOGNAK LOGGING TO PROVIDE FOR THE REMOVAL OF
ROCK FROM THE SMIC ROCK QUARRY
WHEREAS, Afognak Logging has proposed removing rock from the SMIC Rock
Quarry for a contract they have to supply Class A and B rip rap to Kodiak Boat Harbor,
Phase II; and
WHEREAS, under its proposal, the City will be compensated for rock removed
from the quarry with a quantity of Class A and B rip rap to be stockpiled at the quarry
when the work is completed; and
WHEREAS, the quantity of rip rap supplied to the City will be based on a price
of $17 per ton to be charged against the $0.50 per ton credit received for each ton of rock
removed for the Kodiak project; and
WHEREAS, Afognak Logging anticipates shipping approximately 100,000 tons of
rip rap under this contract;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. A contract between the City and Afognak Logging for the removal of
rock from the SMIC Rock Quarry is hereby approved. A copy of the contract is attached
and incorporated herein by reference.
Section 2. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this
12th day of June, 1995.
THE CITY OF SEWARD, ALASKA
~ v::J. (1~
Dave W. Crane, Mayor
CITY OF SEWARD, ALASKA
RESOLUTION NO. 95-059
AYES:
NOES:
ABSENT:
ABSTAIN:
Anderson, Crane, Darling, Deeter, King, O'Brien, Sieminski
None
None
None
ATTEST:
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--l
'nda S.
City Cler
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ROCK EXTRACTION AGREEMENT
CITY OF SEWARD ROCK QUARRY, SMIC
This Rock Extraction Agreement ("Agreement") is entered into and made effective
this \ Ll~ day of ~ ,1995 by and between the City of Seward, Alaska ("City") and
Afognak Logging, a division of Kodiak Lumber Limited, an Alaska Corporation ("Afognak")
(collectively, the "Parties").
RECITALS
WHEREAS, Afognak has entered into a contract with a third party wherein Afognak has
agreed to provide approximately 100,000 tons of rip-rap for a project at the Kodiak Boat Harbor
("Kodiak Boat Harbor Project"); and
WHEREAS, Afognak has determined that a sufficient quantity ofrip-rap of the quality needed
for the Kodiak Boat Harbor Project is available at City's Rock Quarry located on Tract "C" of the
Fourth of July Creek Tracts commonly referred to as the Seward Marine Industrial Center (SMIC),
whose location is depicted in Exhibits A and B hereto ("the Quarry"); and
WHEREAS, City wishes to enter into an agreement whereby Afognak may extract rip-rap from
the Quarry for use on the Kodiak Boat Harbor Project;
NOW THEREFORE, in consideration of the mutual covenants and obligations contained
herein the Parties hereby memorialize their agreement.
CONTRACT PROVISIONS
1. Contractin2 Officer. The Contracting Officer and the only person authorized by City to
administer, modifY, or change this Agreement is David R. Calvert, Manager of Engineering &
Utilities.
2.
Removal of Rio-Rap.
City agrees that Afognak may excavate and remove
approximately 100,000 tons of rip-rap from the Quarry, said rip-rap to be used by Afognak
to fulfill its contractual obligations to provide rip-rap to the Kodiak Boat Harbor Project and
for no other purpose. Afognak will, at its own expense, perform all site preparation, drilling, blasting,
sorting, removal, and transportation operations (the "Work") necessary to obtain the rip-rap. "Rip-
rap" shall mean Class A and Class B rip-rap only, as defined by the Kodiak Harbor Phase II contract
specifications, a copy of Pages 3 and 4 which is attached hereto as Exhibit C.
3. Condition ofthe Ouarrv. City makes no representations or warranties, express or implied, as
to the condition of the Quarry or the existence, accessibility, or nature of any rip-rap or other
materials therein. Afognak agrees to utilize the Quarry in an "as-is" condition. Upon completion of
its work, Afognak shall restore the Quarry and the Quarry access roads to the same condition or
better as exists at the time of commencement of Afognak's Work.
4. Compensation. City will be reimbursed for rip-rap removed from the Quarry at the rate of
$0.50/ton. City agrees, subject to its inspection and approval, to accept approximately 3,000 cubic
yards of Class A and B rip-rap (valued at $17.00 per cubic yard) to be separately stockpiled in the
Quarry at locations approved by City, in lieu of cash payment. In the event Afognak removes more
or less than 100,000 tons of rip-rap, compensation to City shall be adjusted on a per unit basis to
reflect the actual quantity removed. Afognak shall be responsible for sorting or screening the Class
A and Class B rip-rap and separately stockpiling such rip-materials at a location within the Quarry
that meets with the approval of City. Afognak shall stockpile not less than 1,500 cubic yards of Class
A and B rip-rap for City on or before September 30, 1995. Afognak shall stockpile the remainder
of the Class A and B rip-rap required to reimburse City under this section not later than when
Afognak's contractual obligations to provide rip-rap to the Kodiak Boat Harbor Project have been
completed or this Agreement expires on January 1, 1997, whichever occurs first. This Agreement
does not in any way relieve Afognak from paying any fee or charge imposed by City as a result of
AMMOO1E9
ROCK EXTRACTION AGREEMENT
Page 2
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moving the rip-rap over City docks or other facilities; Mognak shall pay all such fees or charges (if
not paid by others) as those fees or charges are set forth in the City of Seward Terminal Tariff or
other applicable City document as amended from time to time.
5. Measurement of Rip-RaD Removed From Ouarrv. Measurement of the quantity of rip-
rap removed from the Quarry will be by "waterline measurement" of the barge used to haul the rock,
and shall be verified by invoices submitted by Mognak to the general contractor of the Kodiak Boat
Harbor Project. Mognak shall be responsible for obtaining the services of, and for all costs
associated with retaining and utilizing, a qualified person to determine the tonnage actually removed
from the Quarry; such person shall be subject to approval by City, which approval shall not be
unreasonably withheld.
6. Measurement of Rip-RaD StockDiled In Ouarrv For City. Measurement of the quantity
of rip-rap stockpiled in the Quarry at locations approved by City and accepted by City in lieu of cash
payment, shall be determined by City using volume measurements.
7. Commencement of Work. Mognak is authorized to commence work immediately and
continue until either its contractual obligations to provide rip-rap to the Kodiak Boat Harbor Project
have been completed or January 1, 1997, whichever occurs first.
8. Insurance. Mognak shall provide general liability and contractual liability insurance in the
amount of One Million Dollars ($1 000,000.00), Five Hundred Thousand Dollars ($500,000.00) per
occurrence, with City as an additional named insured. City shall be provided certificates of all such
insurance within thirty (30) days of the date of execution of this Agreement. Such insurance
AMMOOIE9
ROCK EXTRACTION AGREEMENT
Page 3
must provide that City shall be given thirty (30) days' notice prior to any cancellation, termination,
or non-renewal of the policy.
9. Indemnification. Afognak agrees to indemnifY, defend, and hold harmless City (including its
employees, officers, and agents) from any and all claims, liabilities, causes of action, and demands,
of any character or nature whatsoever, arising in favor of third parties and arising out of or relating
to this Agreement or the performance of any Work or obligations thereunder.
10. Records. Afognak shall keep accurate records of the volume and weight of rip-rap removed
from the Quarry for shipment to the Kodiak Boat Harbor Project. City shall have the right to audit
Afognak's records concerning the volume and weight of rip-rap removed from the Quarry and
shipped to the Kodiak Boat Harbor Project.
11. Exclusive Ri2hts. Afognak shall have exclusive rights to remove rip-rap from the Quarry
until Afognak's contractual obligations to provide rip-rap to the Kodiak Boat Harbor Project have
been completed or this Agreement expires on January 1, 1997, whichever occurs first. This
Agreement shall not be construed as giving Afognak (a) the right to remove rip-rap from the Quarry
for any purpose other than for use in fulfilling its contractual obligations to provide rip-rap to the
Kodiak Boat Harbor Project, (b) the right to remove any materials other than rip-rap (as defined
herein) from the Quarry, (c) any rights to access or utilize the Quarry following expiration of this
Agreement, or (d) any other rights whatsoever except as expressly granted by this Agreement.
Notwithstanding the foregoing, City shall have access to the Quarry to remove rock as needed to
respond to any emergency threatening the safety of persons or property.
12. Excess Material. Excess rip-rap and earth materials of all types and sizes (including that
stockpiled for City), created during blasting and removal ofthe Class A and B rip-rap for the Kodiak
Boat Harbor Project, shall remain the property of City. Afognak may move this excess material as
AMMD01E9
ROCK EXTRACTION AGREEMENT
Page 4
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required in the Quarry to access new rock formation for blasting and removal of Class A and B rip-
rap, subject to the approval of City.
13. Permits. Mognak shall obtain, at its own expense, all necessary permits, rights-of-entry,
or other consents from all governmental agencies, and shall comply with all applicable federal, state,
and local laws, statutes, regulations, and ordinances.
14. Amendment. This Agreement may be amended, modified, or extended at any time by
mutual agreement of the Parties, but any such amendment must be in writing, dated, signed by the
Parties, and attached hereto.
15. Choice of Law. The Parties agree that this Agreement shall be governed by the laws of the
State of Alaska.
16. Entire Aereement. This Agreement contains the entire understanding and agreement
between the Parties with respect to this subject There are no other written or oral understandings
or promises between the Parties with respect to the subject matter of this Agreement other than those
contained herein, and any prior oral or written understandings are hereby extinguished.
17. No Waiver. The failure of either party to this Agreement to insist upon the performance
of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms
and conditions of this Agreement, shall not be construed as thereafter waiving any such terms or
conditions, but the same shall continue and remain in full force and effect as if no such forbearance
or waiver had occurred.
AMMOOlE9
ROCK EXTRACTION AGREEMENT
Page 5
IN WITNESS WHEREOF the Parties hereto have executed this Agreement, the day and year first
above written.
OWNER
CITY OF SEWARD
PURCHASER:
AFOGNAK LOGGING, a division of
Kodiak Lumber Limited
By ~~
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By@4:1S~
City Manager
President
ATTEST
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Exhibit "A"
Fourth of July Creek Subdivision
Sewa.rd. Ma.rine Ind:u.stria.l Center
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Located within Sections 7, 8. 17. 18 Range , East and
Sections 12 & 13 Range 1 West. Township' South, Seward Meridian,
Seward Recording District. Seward. Alaslca.
Containing 2720 Ac. mare or less
I NTEGRI TY SURVEYS .
6 0 5 S WI RES DR. KEN A I . A l ASK A 99611
SURVEYORS 2839047 PLANNERS
I JOB NO. 92156
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I.ocated .ithin Sections 7, 8. 17, 18 Ron;e 1 Eoat and
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605 SWlRES DR. KENAI AlASKA 99611
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Exhibit "e" - Page 1
a0 30 ael 288t0ZL
~--" 7 XQ\:)z"u' HAAiOR PRASE: U "\
--.x...,t...&tiOn--"el'I"i'i~~t;ro9'rapner wit.h 5 or more y..r. experience
in pe1:r09uphy. ..
4.2.2 Te'~in; .hal1 be the r.aponaibility of ~he Con~ract;or and .hall be
perforD\llcl 01 an incl.penden't 0_r,,1a1 or Goverl'llllent teR laboratOry
currently approve4 by t.n- corp. of Bn;inG*Z'a. The Contrac'tor .hall furniah
certified, co~pl.te copie. of all teat re.ult. and report of ptItroqraphic
examination to the Contracting Officer.
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4.2.3 At the Contractor'. requaat, t~ Government will teet materiala. If
Government te.tinq ia eleeted, the Contractor shall at it. own expenae,
deliver not 1... than 200 pound. of rock from 'the propo..d .ourQ. ~o ~h.
Department of Army, Corp8 Of In;in..r8, North pacifiC Divialon Katerial.
Laboratory, 1491 NW Graham ~v.nue, Troutdale. o~e90n 97060-9503. The rock
ahall De r.p~.aen~ative ot that p~opo.ed for ~e. in the project. ~he rock
aise .nall ranqe between 4 and 8 inch.. .verav. diameter. The contractor
ahAll notify the contr.ct~n9 Offioer at ~ea.~ 2 week. tn advanoe of ahippinQ
the rock a~pl... Governmant teet~n9 will be char9e4 to the Contractor at
the rate of Approx~.tely $3.000.00, and require at leaet 3 montha to
c~pl.t.. for .ach eat of eample. .u~itted. Actual coate will be deducted
from payment. due the Contraetor.
.
4.3 Rock Quality Acceptance. All rocX will be accepted or rejected at the
job aLt. baaed on taat ~..Ult5 ana visual 980109io examination ~y the
Government. Teat re.ul~a ahall be furniahed to the Gove~nment 30 Qaye p~ior
to any placement of atone. NO further laboratory t..tinq of rook will be
nece..ary if re.ult. meet the r.~ir.~nt. noted ~n parA9J:'Aph 4.2.1, ana a
continuoua viaual geologic exam1n.tion of the ro~k oy the Government
indicatee no change in rook type O~ qual~ty for rock p.eeing the labo~.tory
teat.. ~ock exhioitin9 ei9n~f~cant change. ~n type or ~ality will be
rejected unl... additional te.t~n9 .howe that tne rook meete the epecified
requirement..
S. CRADAT10N ANO SIZE
. 5,.1 ~en.r..L. Neither the breadth or thickne.. of any piece of armor o~
"B" rock ahall be le.e than one~thi.~d itll length. The rock, after
proce..inq, ehall conform to the .pecified 8ize requirements. Operations of
loading, placem.nt or .tockpil~nq ahalL ba oonducted in a manner Which w~ll
eliminate breakage.
5.2 Armor rock Ihall be well graded within the follOWing limit.,
Stone Weiaht {Pounds.
~11ow.bl. Percent Smaller
Bv W@iaht
4000
100
'A'~~
3~00
o - SO
2S00
o
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5.3 "8" rock shall be well qraded within the fOllowing limi.te:
SECTION 02270 PAGE J
Exhibit "e" - Page 2
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"".C'" KODIU JIIoJI,IOIl liRA.. I~
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~ 1700
Allowable pereene Smaller
Bv weiaht
100
750
2& - 75
300
o - 25
5.4 Co~. material ehall be well qraded wLehLn the follow1no lUD1~s'
stone Weioht IPound81
Allowable 'e~c.nt Smaller
Bv weiaht
300
100
15
o - 85
I
0-1
6.5 SUb-ccre. Rock for the sub-core ehall be anqula~ in enape, with no
particl.. w.i9n1ft9 more than 300 pounoe, and not more t~n 10 percent by
weiqht l..s than 1/4 inch in size.
6. pRODUC'l'Iotl' TESTING. The Contractor shall I"Irfonl the ,follO\olino minUll111
gradation t..t.. sample. ehall be taken at the eouree of the material., and
at .ubeequant pointe dur1n9 transport if directed. NQ failing teete shall
count toward ..eting the =.i.nUll1m number of repre.entative teete. Teet. ehall
bo evenly lpaced throughout production. Teeta ahall be by actual weighing or
by approximation of weight by mee.urement.
6.1 Armor Roc~. At l...t 5 r.pr...ntative t.ete. Each a~pl. ahall be
approximately 20 cubic yard. in volume.
; ~.2 "8" Rock. A~ leaet 10 repres.ntatiye teate. Each sample ahall be
approK~ately 5 cubic yards in volume.
6.3 Core Material. At least 10 representatiye ee.t.. Teet aLze ahall be
at le.et 2400 pound. and the t..~ shall be by actual weiQhta.
6.4 Sub-core Material. At leaat 5 repre.entative t..ta. T.st size ehall
be at least 2400 poundl and the teat ahall be by aetual weights.
6.5 Sizinq. The contraetor ahall display at le..t one typical seone in
each of the following weight rang.., within eaey sight of the quarry loading
area, to en8ure pco~r .i~in9 of "8" and Armer roek. The waight of each
atone ahall be cl.arly m.rkad thereon.
300 to 500 Pound.
2500 to 2700 Pound.
700 to 900 pounds
3200 to 3400 pound.
1500 to 1700 pounds
3300 to 4000 Pounda
StCTION 02270 PACE 4