HomeMy WebLinkAbout09072010 City Council Packet Seward City Council
Agenda Packet
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Special CCouncil Meeting
September 7, 2010
City Council Chambers Beginning at 6:00 p.m.
The City of Seward, Alaska
Special City Council Meeting
September 7, 2010 6:00 p.m. Council Chambers
Willard E. Dunham 1. Call to order
Mayor 2. Pledge of allegiance
Term Expires 2011 3. Roll call
Jean Bardarson 4. Citizens' comments on any subject except those items
Vice - Mayor scheduled for public hearing. [Those who have
Term Expires 2010 signed in will be given the first opportunity to speak.
Time is limited to 2 minutes per speaker and 30 minutes
Robert Valdatta total time for this agenda item.]
Council Member
Term Expires 2011 5. Approval of agenda
Tom Smith 6. New Business
Council Member
Term Expires 2011 A. Resolutions
Vanta Shafer
Council Member 1. Resolution 2010 -082, Authorizing A Sole Source Contract
Term Expires 2011 With Metco, Inc. In An Amount Not To Exceed $237,300, To
Supply And Install 36" Culverts And Manholes Under And
Marianna Keil Adjacent To Approximately 700' Of Alaska Railroad Track, In
Council Member Conjunction With Construction Of The North Forest Acres
Term Expires 2010 Levee/Road Project, And Appropriating Funds.
Linda Amberg 7. Council comment
Council Member
Term Expires 2010
8. Citizens' comments
Phillip Oates 9. Council and administration response to citizens' comments
City Manager
10. Adjournment
Jean Lewis
City Clerk
Cheryl Brooking
City Attorney
City of Seward, Alaska Council Agenda
September 7, 2010
SPECIAL MEETING REQUEST
Pursuant to Seward City Code 2.10.030 (2), this is to serve as
the written notice calling a Special Council Meeting for the
purpose of:
Resolution 2010 -082, Authorizing A Sole Source Contract With Metco, Inc. In
An Amount Not To Exceed $237,300, To Supply And Install 36" Culverts And
Manholes Under And Adjacent To Approximately 700' Of Alaska Railroad
Track, In Conjunction With Construction Of The North Forest Acres
Levee/Road Project, And Appropriating Funds.
Signed this 3rd day of September, 2010.
onc owie.4.6.4,
Mayor iitilCity Manager
2 Council Members
Upon this request the City Clerk will give due and proper
notice as required by SCC 2.10.032
(No business shall be transacted other than stated above.)
SEWARD CITY COUNCIL
NOTICE OF SPECIAL MEETING
September 7, 2010 �� o f s et,
N IS HEREBY GIVEN that the Seward ' N '�
City Council will conduct a special meeting on the
4 �ASK P
following items of business on September 7, 2010.
1. Resolution 2010 -082, Authorizing A Sole Source
Contract With Metco, Inc. In An Amount Not To Exceed
$237,300, To Supply And Install 36" Culverts And
Manholes Under And Adjacent To Approximately 700' Of
Alaska Railroad Track, In Conjunction With Construction
Of The North Forest Acres Levee/Road Project, And
Appropriating Funds.
The special meeting will commence at 6:00 p.m., or as soon
thereafter as business permits, in the City Council Chambers, City
Hall, 410 Adams Street, Seward. All interested persons are invited
to attend the meeting and participate in the discussion; or, written
comments may be sent to the City of Seward, c/o City Clerk, PO
Box 167, Seward, AK 99664, or e- mailed to
clerk @cityofseward.net.
POSTED: Friday, September 3, 2010 at 4:00 p.m.
City Hall Bulletin Board
U.S. Post Office
Harbormaster's Office
Sponsored by: Oates
CITY OF SEWARD, ALASKA
RESOLUTION 2010 -082
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING A SOLE SOURCE CONTRACT WITH METCO,
INC. IN AN AMOUNT NOT TO EXCEED $237,300, TO SUPPLY AND
INSTALL 36" CULVERTS AND MANHOLES UNDER AND ADJACENT TO
APPROXIMATELY 700' OF ALASKA RAILROAD TRACK, IN
CONJUNCTION WITH CONSTRUCTION OF THE NORTH FOREST
ACRES LEVEE/ROAD PROJECT, AND APPROPRIATING FUNDS
WHEREAS, the City of Seward is prepared to immediately begin construction of the North
Forest Acres Levee/Road, and prior to construction, must complete two ancillary projects: 1) the
relocation of the transmission line to facilitate work underneath the line; and 2) the installation of
approximately 700 feet of 36" culvert and manholes on the east -side of the Seward Highway under
the Alaska Railroad tracks, to provide drainage for any water that may accumulate on the south side
of the levee /road once it is constructed; and
WHEREAS, the funding for the construction of the North Forest Acres Levee/Road project
was slated to expire September 30, 2010, with the construction project having been delayed due to
difficulties in finalizing acquisition of one final parcel of property necessary for the project. The
City received notification this week that funding is extended to June 30, 2011 but there will be no
further opportunity to extend funding, so this railroad drainage project must proceed immediately
prior to freeze -up in order for the levee /road construction to begin and be completed prior to the
expiration of funding; and
WHEREAS, the drainage system on the east -side of the Seward Highway and underneath the
railroad tracks must be installed on the dates determined by the Alaska Railroad Corporation in order
to avoid disruption to passenger and freight operations, since said project will require removal and
reinstallation of railroad track; and
WHEREAS, in order to meet the Railroad's requested timeline, all materials for the project
must be ordered immediately in order to satisfy the lead time of no less than two weeks on the
purchase of 36" culvert and manholes; and
WHEREAS, the contractor on this project must have the capability of mobilizing
immediately, must be able to offload and stage a single 84' section of 36" culvert pipe which is being
barged to Seward, and store said pipe in preparation for the project, must have access to expedited
purchasing of all drainage infrastructure materials, flexibility to adapt to the requirements of the
Alaska Railroad for coordinating the project, availability of all necessary equipment, and must
coordinate with Alascom to avoid disrupting the fiber optic line in this area; and
WHEREAS, SCC §6.10.120A(2) authorizes an exemption from competitive procurement
procedures in cases where "an emergency makes the delay incident to competitive bidding
CITY OF SEWARD, ALASKA
RESOLUTION 2010 -082
unreasonable ", and due to the immediate need to order the materials for the project to meet the
tight construction schedule, there is insufficient time to conduct the advertising necessary to meet
the standard competitive bid process; and
WHEREAS, in accordance with Seward City Code 6.10.120, the City Council hereby finds
that it is in the public interest to waive competitive procurement requirements and authorize a
contract with Metco, Inc. in order to meet weather constraints, to meet time - constraints imposed by
the Alaska Railroad, to immediately secure materials, and to prevent the expiration of federal funds
for the project.
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 contract with Metco, Inc.
in the amount of $215,727, plus a contingency not to exceed 10% ($21,573) for a total amount not to
exceed $237,300, for the purpose of constructing the railroad drainage system in conjunction with
the North Forest Acres Levee/Road Project.
Section 2. The Seward City Council hereby finds it in the public interest to waive the
competitive procurement requirements per Seward City Code 6.10.120, based on the recitals above
which are incorporated herein.
Section 3. The city manager is hereby authorized to negotiate with the Alaska Railroad to
reimburse their costs associated with this project, so long as those costs fall within the city manager's
authorized spending limit.
Section 4. This resolution shall take affect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the city of Seward, Alaska, September 7th,
2010.
THE CITY OF SEWARD, ALASKA
Willard Dunham, Mayor
COUNCIL AGENDA STATEMENT
Meeting Date: September 7, 2010 f4- SFh•
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Through: Phillip Oates, City Manager � �" `�
From: Kristin Erchinger, Finance Director F"' " 4 s0
•
Subject: Award of Contract for Railroad Drainage Project in
conjunction with North Forest Acres Levee /Road Project
BACKGROUND & JUSTIFICATION
The City of Seward has been pursuing construction of the North Forest Acres Levee /Road for more than a decade.
We have reached the point of preparing to bid the construction of the levee /road, but prior to construction, must
relocate the transmission line above the levee /road in order to allow for safe construction activities to occur
underneath the line, and must also install a drainage system to allow for the proper movement of any water
accumulating on the south side of the levee, to minimize the potential for damage to the Alaska Railroad and
Seward's industrial area on the ease side of the Seward Highway.
Construction of the levee /road project has been repeatedly delayed due to challenges associated with securing all of
the property necessary for the project. However, the federal funding earmarked for construction was slated to expire
on September 30, 2010. This week, the City received final approval to extend these federal funds to June 30, 2011,
but there will be no further opportunity to extend funding. This necessitates that the project be started
immediately.
In order to accomplish the installation of the drainage system prior to freeze -up, materials must be ordered
immediately because there is a minimum two -week lead time to obtain the required culverts and manholes for
the project. In addition, the City must complete the project according to the timeline determined by the Alaska
Railroad Corporation in order to avoid disruption to passenger and freight operations, since the project
requires removal and reinstallation of railroad track.
The City desires to sole source this work to a local contractor, Metco, Inc., due to the very short window for
construction. The complexities of the project require a knowledgeable contractor who has significant
flexibility regarding access to materials, locally available equipment (in case there are any unforeseen
complications), the ability to closely coordinate with local and regional Alaska Railroad engineers and
personnel, and knowledge of the surrounding area. The project cannot be all completed at one time. A large
single 84 foot section of 36" culvert pipe is being offloaded in Seward, and the contractor must have the
equipment available locally to offload and store this material until the project is ready. The contractor must be
flexible to accommodate the needs of the Railroad, so that they can construct portions of the project adjacent
to the rail at a time that works best for the Railroad, so that mobilization and availability of personnel is best
accomplished by a local contractor. The contractor have access to expedited purchasing of all drainage
infrastructure materials, which Metco does, and must coordinate with Alascom to avoid disrupting the fiber
optic line in this area.
The Seward City Code §6.10.120A(2) authorizes an exemption from competitive procurement procedures
in cases where "an emergency makes the delay incident to competitive bidding unreasonable ". The
administration believes that because we must immediately order the materials for the project in order to
CITY OF SEWARD
RESOLUTION 2010 -o
meet the tight construction schedule, there is insufficient time to conduct the advertising necessary to meet
the standard competitive bid process, because once we had a contractor on- board, we will not have
sufficient time for them to order the materials and have them delivered.
We also feel that the public interest is best served by authorizing a contract with Metco, Inc. in order to
meet the flexibility requirements of this project; to meet weather conditions, to provide personnel who are
able to work when the timing is most appropriate to the railroad and the weather conditions, to ensure the
availability of materials, and to ensure coordination so that there are no adverse impacts to the rail service
of the Alaska Railroad, or the fiber optic service of Alascom.
If approved, the tentative timeline will involve the immediate ordering of materials. The contractor will
begin preparations for laying infrastructure immediately, adjacent to the railroad tracks. The largest
culvert (single 84 foot section) will be delivered in Seward on September 20, with final removal of the
railroad tracks on October 10, and replacement approximately October 11, 2010. Bidding for the
construction of the North Forest Acres Levee/Road will be held in September, 2010.
FISCAL NOTE
The City of Seward will utilize grant funds from the National Resource Conservation Service for this project.
Finance Department: __Jed #
RECOMMENDATION
Council approve Resolution 2010 -vgr approving a sole - source contract with Metco, Inc. for the railroad drainage
project, and appropriating funds.
RAILROAD DRAINAGE PROJECT AGREEMENT BETWEEN THE
CITY OF SEWARD AND
METCO, INC.
This Agreement ( "Agreement ") is entered into by and between the City of
Seward, Alaska ( "City ") whose address is P.O. Box 167, Seward, Alaska 99664, and
Metco, Inc. (the "Contractor" or "Metco "), whose address is,„ ew,ard, Alaska 99664,
(collectively, the "Parties').
;'d k
RECITALS
A. WHEREAS, the Contractor has agreed to provide materials and construct
and install approximately 700 feet of 36" culye, =and three manholes for the railroad
drainage project in conjunction with the ; City of Seward's North Forest Acres
Levee /Road Project; and
B. WHEREAS, Contractor has agreed' to conduct said project according to
required drawings and specifications pentitled NFA .Atorm Drain dated 08/27/10 and
Project Manual North Forest Acres Levee Drain dated 08/27/10, for an amount
not to exceed $215,727; and `
C. WHEREAX' has further agreed. to complete the project by
,.
November 14, 2010 king pr ect cost Bible for reimbursement under existing City
grant funds.
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NOW, THEREFORE, , j i �cQnsideratio of the foregoing, and of the mutual
covenants an • nditio , ns„herein containe ,the Parties agree as follows:
r. : :- PROVISIONS
* ONTRACT P
Contracto ereby to provide the materials and labor associated
with cons the railroad drainage system on behalf of the City of Seward,
according to; a drawings: �'d specifications identified above.
2. Co � r.hereby commits to providing all work they perform under this
Agreement, within Iquoted price.
3. The City of Seward hereby agrees to pay Contractor within 30 days of
receipt of invoice for all completed work, provided the Parties are in agreement on the
portion of work completed. The total project cost will not exceed $215,727, without
written authorization in the form of a change order.
Page 1
RAILROAD DRAINAGE PROJECT AGREEMENT BETWEEN CITY OF SEWARD, ALASKA AND METCO, INC.
,
4. This Agreement may be executed in any number of counterparts and by
each party on a separate counterpart or counterparts, each of which when so executed
and delivered shall be deemed an original and all of which taken together shall
constitute but one and the same instrument.
ADDITIONAL PROVISIONS
1. Contracting Officer: The Contracting Officer and t =only person authorized
by the City to administer, modify, or change , isA greement is the City
Manager or his designee. r,
2. Term of Work. The Contractor is authoriedd'to comme work immediately.
This Agreement shall become effectiv ,t, k hen the last` s- •aired si nature is
affixed hereto, and shall continue i orce and effec �r • u h November
15, 2010, or as mutually agreed i �`ttng by both parties.�,.g
3. Insurance. The Contractor shall pro � 4 w• ` compensation insurance at
statutory limits, general liability and ;•actual liability insurance in the
amount of Two Million , : - s ($2,000,0 r m total and One Million Dollars
($1,000,000) per occur,nc nand comphensive automobile liability
insurance (covering bodily jury 'at• operty�amage including all owned,
hired, and non owned vehicles) i ',- aumou ` of One Million Dollars
($1,000,000), • „urrence, ; t t *n - City a n additional named insured.
The Contr o;o shal .• •vide c , .mates documenting all required insurance
to the C • rior to ex $ °, ion oft , A greement. Such insurance must provide
that Ci a,all be g �in Thirty ( days' notice prior to any cancellation,
terminatio " no = , : • e policy. Contractor further agrees to provide
;, urance • ,red by theme Railroad permit which is attached to the
pe fi. ns ci above, and to include the cost of such insurance in the
''°project co
4. Pok ndemnificati . Th ::,_... ontractor agrees to indemnify, defend, and hold
;= mless the CI k including its employees, officers, and agents) from any and
a 4 ims, liab` -s, causes of action, and demands, of any character or
natu ., hatsa -r, arising in favor of third parties and arising out of or
relating • ,0 �; "Agreement or the performance of any Work or obligations
hereund � ..
5. No Assignment. The Contractor may not assign its rights and benefits under
this Agreement without the express prior written consent of the City.
6. Amendment. This Agreement may be amended, modified, or extended at
any time by mutual agreement of the Parties. Any such amendment must be
in writing, dated, signed by the Parties, as attached hereto.
Page 2
RAILROAD DRAINAGE PROJECT AGREEMENT BETWEEN CITY OF SEWARD, ALASKA AND METCO, INC.
r
7. Choice of Law and Venue. The Parties agree that this Agreement shall be
governed by the laws of the State of Alaska, and venue for any dispute shall
be in Anchorage, Alaska.
8. Entire Agreement. This Agreement contains the entire understanding and
agreement between the Parties with respect to this matter. There are no
other written or oral understandings or promises Ween the Parties with
respect to the subject matter of this Agreement ! -r than those contained
herein, and any prior oral or written understan• , g - re hereby extinguished.
9. No Waiver. The failure of either party to this Agreement to insist upon the
performance of any of the terms an $ ditions of thi= ' • reement, or the
waiver of any breach of any of the s and conditions'cQf this Agreement,
shall not be construed as thereafter � any such terms o •nditions, but
the same shall continue and rei a * ", in full f and effect ` : o of no such
forbearance or waiver had occurred." 4,
x
IN WITNESS WHEREOF, the iffirtiN have cau as 0 ,this Agreement to be executed
and delivered by their respectivee r atives nto duly authorized.
,
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Page 3
RAILROAD DRAINAGE PROJECT AGREEMENT BETWEEN CITY OF SEWARD, ALASKA AND METCO, INC.
CITY: CONTRACTOR:
CITY OF SEWARD, ALASKA METCO, INC.
BY BY
Phillip Oates, City Manager Its
ATTEST: r ..
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Jean Lewis
City Clerk, CM -,;
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Page 4
RAILROAD DRAINAGE PROJECT AGREEMENT BETWEEN CITY OF SEWARD, ALASKA AND METCO, INC.
City of Seward
North Forest Acres Levee Storm Drain
Basic Bid Schedule
Item Description Estimated Unit Bid Total
Quantity Price Bid
20.02 Type II Storm Water PPP
1
Per Lump Sum LS 6500
20.04 Clearing and Grubbing
1
Lump Sum All required 9519
20.13 Trench Excay. and Backfill -All depths
631
Per Linear Foot LF 19 11,989
20.16 Furnish Bedding Material, Class C
250
Per Ton Tons 13.50 3,375
20.21 -2 Type II Classified Fill/Backfill
1,100
Per Cubic Yard CY 10.00 11,000
20.23 Cobbles
20
Per Cubic Yard CY 40 800
20.29 Install Owner Furn.Pipe 36" diax3/4 "wall
84
Per Linear Foot LF 240 19,992
30.12 Construct Headwall
1
Per Each Ea 15,000 15,000
40.11 Remove and Replace Asphalt Surfacing
100
Per Square Yard SY 85 8,500
55.02(1) Fumish& Install 36" dia.x14 ga. Galy. CMP
631
Per Linear Foot LF 92 58,052
55.05 Construct Type II 6' dia. Manhole
Each Ea 12,000 36,000
65.02(1) Construction Survey Measurement
1
. Per Lump Sum LS 5,000 5,000
70.10 Traffic Markings
1
Per Lump Sum LS 1,000 1,000
Page Total $ 186,727.00
C -6
City of Seward
North Forest Acres Levee Storm Drain
Bid Schedule A: 0
Item Description Estimated Unit Bid Total
Quantity Price Bid
70.12 Traffic Maintenance
Lum Sum 1 1,500 1,500
p LS
70.19 Silt Fence
600 15 9,000
Linear Foot LF
SP -16 Mobilization /and Demobilization
1 5,000 5,000
Per Lump Sum LS
SP -19 Force Account Work
1 $ 5,000.00 $ 5,000.00
Contingent Sum CS
AKRR Special Insurance 1
Contingent Sum CS 8,500 8,500
Page Total $ 29,000.00
C-7
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