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HomeMy WebLinkAboutRes2010-115 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2010 -115 w. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONSTRUCTION AGREEMENT WITH CENTRAL ENVIRONMENTAL, INCORPORATED FOR THE LOWELL CREEK BRIDGE EMERGENCY REPAIRS FOR AN AMOUNT NOT -TO- EXCEED $66,046 WHEREAS, Seward and the surrounding vicinity experienced extreme flooding in 2006 causing damaged infrastructure throughout the community; and WHEREAS, the City declared this event a disaster; and WHEREAS, the event resulted in a federal disaster that enabled the City to qualify for FEMA assistance for damaged infrastructure; and WHEREAS, during the incident period, severe storm flood waters and debris from the tunnel Lowell Creek Bridge caused substantial bridge damage; and WHEREAS, Resolution 2010 -100 appropriated funds and allowed the city manager to enter into a contract with PND to develop bid documents, coordinate ordering of materials, and manage construction of the bridge replacement /repairs; and WHEREAS, a competitive bid package was developed for Lowell Creek Bridge emergency repairs according to SSC6.10.210 and SCC6.10.215; and WHEREAS, six contractors submitted bids to the City Clerk's office by 4:00p.m. November 12, 2010; and WHEREAS, the Public Works Department determined there was one responsible, qualified, low bidder; and WHEREAS, Central Environmental, Incorporated was the most qualified and responsible bidder for an amount not -to- exceed $66,046; and WHEREAS, emergency repairs on Lowell Creek Bridge will not be able to proceed until the contract is awarded; and WHEREAS, time is of the essence. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEWARD, ALASKA: Section 1. The city manager is hereby authorized to enter into an agreement, in r.. substantial form as attached hereto, with Central Environmental, Incorporated, for Lowell Creek Bridge emergency repairs for an amount not -to- exceed $66,046. CITY OF SEWARD, ALASKA RESOLUTION 2010 -115 Section 2. Funding in an amount not -to- exceed $66,046 is hereby appropriated sr* from account no. 101 - 1310 -5390- 0000 - 00021. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, and this 22th day of November 2010. THE C 0 ARD, ALASKA Willard E Dunham, Mayor AYES: Valdatta, Smith, Keil, Shafer, Casagranda, Dunham NOES: None ABSENT: Bardarson ABSTAIN: None ATTEST: —� 4/ i, Jeat Lewis, C C, Cit Clerk ,ve s o f" * gelf,t, •. (City Seal) ■ • L. M ..a ♦ v• is a '" tp ♦I � �I rrr ewoo"a� " .14i CITY OF SEWARD, ALASKA CONSTRUCTION CONTRACT Lowell Creek Bridge Emergency Repairs PW37 PROJECT NAME AND NUMBER This 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. Central Environmental, Incorporated Company Name 311 North Sitka Street, Anchorage, AK 99501 Company Address (Street or PO Box, City, State, Zip) a /an ❑ Individual ❑Partnership ❑Joint Venture ❑Sole Proprietorship 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 haw 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 sixty -six thousand, forty -six dollars ($66,046) 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: December 8, 2010. 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 City of Seward Construction Contract Page 1 of 3 become due the Contractor, or if no money shall be due, the City shall have the right to recover five hundred dollars ($500.00) per day 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 $66,046 Payment Bond and Performance Bond, to secure the proper compliance with the terms and provisions of this Contract, are submitted herewith and 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 Kirsten Vesel or Carmen Batchelor or any other person designated by the City Manager. The Contractor is an independent contractor and not an employee or agent of the City. lad 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 Special Conditions, and the following listed documents: (1) Bid advertised on October 29; (2) Bid Addendum 1, 2 and 3; and (3) Resolution 2010 -115. IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and conditions. CONTRACTOR Central Environmental, Incorporated Company Name Signature of Authorized Company Representative si l City of Seward Construction Contract Page 2of 3 Stuart Jacques, President Typed Name and Title Date CITY OF SEWARD Phillip Oates, City Manager Date ATTEST Jean M. Lewis, CMC, City Clerk L. City of Seward Construction Contract Page 3of 3 Council Agenda Statement Meeting Date: November 22, 2010 4of sett, To: Phillip Oates, City Manager u ;1 From: William Casey, Public Works q SKP Agenda Item: Lowell Creek Bridge Emergency Repairs BACKGROUND & JUSTIFICATION: Seward and the surrounding vicinity experienced extreme flooding in 2006 causing damaged infrastructure throughout the community. The City declared this event a disaster and the event resulted in a federal disaster that enabled the City to qualify for FEMA assistance for damaged infrastructure. During the incident period, severe storm flood waters and debris from the tunnel above Lowell Creek Bridge caused substantial bridge damage. The City has sought federal funding since 2006 and was recently notified that $131,189.00 is available but must be used by no later than December 8, 2010. Resolution 2010 -100 appropriated funds and allowed the city manager to enter into a contract with PND to develop bid documents, coordinate ordering of materials, and manage construction of the bridge replacement /repairs. A competitive bid package was developed for the emergency repairs on Lowell Creek Bridge and advertised according to SSC6.10.210 and SCC6.10.215. Six contractors submitted bids to the City Clerk's office by 4p.m on November 12, 2010. The Public Works Department determined there was one responsible, qualified, low bidder. Central Environmental, Incorporated was the most qualified and responsible bidder for a total amount of $66,046. The emergency repair on Lowell Creek Bridge will not be able to proceed until the contract is awarded and time is of the essence. The bid tabulation was as follows: City of Seward- Bid Tabulation for Lowell Creek Bridge Repair ' � ate inr� � r�7�iia.s�R Central nvlronmen i1, Inc. $66004640 2 Harmon Construction $94,800.00 3 E & D Well & Drilling $97,414.40 4 Cat's Eye Excavating, Inc. $100,635.00 5 Swelling Construction Comp., Inc $160,250.00 6 Yukon Construction, Inc. $230,160.00 The city will work aggressively to complete the majority of the repairs prior to FEMA's reimbursement deadline of December 8, 2010. An extension was requested but may or may not be approved. All construction work completed prior to December 8th will receive reimbursement based on actual expenses. Work completed post December 8 will not qualify for reimbursement unless an extension is granted. INTENT: To authorize the City Manager to enter into an agreement with Central Environmental, Incorporated for an amount not -to- exceed $66,046 to complete the emergency repairs on Lowell Creek Bridge. FISCAL NOTE: $66,046 funding for this project will come from General Fund roads /streets contracted services account no. 101- 1310 -5390- 0000 -00021 for the purposes of performing emergency repairs on the Lowell Creek Bridge resulting from storm damage. Approved by Finance Department: ATTORNEY REVIEW: Yes X No RECOMMENDATION: Council approves Resolution 2010 -115 authorizing the city manager to enter into an agreement with Central Environmental, Incorporated for an amount not -to- exceed $66,046 for the emergency repairs on Lowell Creek Bridge.