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HomeMy WebLinkAboutRes2014-010Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2014-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH HARMON CONSTRUCTION INC. FOR SIDEWALK IMPROVEMENTS IN THE AMOUNT OF S86,924.50 AND APPROPRIATING FUNDS WHEREAS, Seward's downtown business district has a high level of pedestrian activity'. and WHEREAS, handicap accessible ramps must be modified to be compliant with current for Americans with Disabilities Act Amendments Act (ADA/AA) standards; and WHEREAS, the high traffic use of the sidewalks in downtown Seward, including the handicap accessible ramps, creates an emergency need to mitigate and reduce hazard to pedestrians, and WHEREAS, the appropriation of funds from the General Fund for the ADA/AA Sidewalk Improvement project will reduce the hazards to pedestrians and increase the City's compliance with ADA/AA Sidewalk standards; and WHEREAS, after a competitive process Harmon Construction submitted sole responsive construction bid for the ADA/AA sidewalk project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is authorized to enter into a construction contract with Harmon Construction for the ADA/AA Sidewalk Improvement project in the amount of $86,924.50. Section 2. Funding for the contract is appropriated from Capital Acquisition Fund Net Assets account no. 103-0000-3050 to Infrastructure account no. 103-1030-5925. Section 3. This resolution shall take effect immediately. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this I')"' day of January, 2014. 0 CITY OF SEWARD, ALASKA RESOLUTION2014-010 THE CITY OF SEWARD, ALASKA Kean Bardarson, Mayor AYES: Keil, Terry, Squires, Butts, Bardarson NOES: None ABSENT: Casagranda, Shafer ABSTAIN: None ATTEST: 4.jhanna Kinn , CMC �jc ty Clerk (City Seal) .•'y OF SFIN,9'•. 48 • G F •• • i � Q •i r • • j i SEAL s • OF�AP.••'• Agenda Statement Meeting Date: January 13, 2014 To: City Council Through: Jim Hunt, City Manager From: W.C. Casey, Public Works Director Agenda Item: Authorize the City Manager to enter into a contract with Harmon Construction Inc. for Americans with Disabilities Act Amendments Act (ADA/AA) Sidewalk Improvements in the amount of $86,924.50 and to appropriate funds. BACKGROUND & JUSTIFICATION: The sidewalks in Seward's busy downtown business district are in immediate need of repair for the safety of our citizens and to bring Seward into better compliance with current ADA /AA standards. The high traffic use of these sidewalks, including the handicap accessible ramps, creates an emergent need to mitigate and reduce hazards to pedestrians. Public Works staff has developed an ADA Sidewalk Improvement project which will replace: 22 sections of damaged paver brick strips; approximately 1200 square feet of broken concrete; 9 handicap ramps (including installation of tactile strips); the handicap ramp and railing west of City Hall; and removal and replacement of 14 raised electrical vaults. There are funds available in the General Fund to cover the cost of the necessary improvements to the ramps and sidewalks. The appropriation of these funds will allow us to fund the Sidewalk Improvement Project, reduce hazards to pedestrians and, further insure that the City is in compliance with current ADA/AA standards. An invitation to bid was announced and distributed to 8 firms, resulting in one responsive, qualified bid, from Harmon Construction Inc. The Bid was evaluated by three City staff members and the bid meets requirements of current ADA/AA standards and the needs of the City. INTENT: Authorize the City Manager to enter into a contract with Harmon Construction Inc. for ADA/AA Sidewalk Improvements in the amount of $86,924.50 and to appropriate funds. CONSISTENCY CHECKLIST: Yes No N/A 1 Comprehensive Plan (document source here): Page 17, Sidewalks, Bike X Paths and Right -of -Ways 2 Strategic Plan (document source here): Page 18, Promote a safe X community 3. Other (list): Americans with Disabilities Act (ADA) X FISCAL NOTE: Funds for the Sidewalk Improvement project are available in the Capital Acquisition Fund and were included in the 2014 Budget at an estimated total cost of $100,000. Approved by Finance Department: ATTORNEY REVIEW: Yes No X RECOMMENDATION: Council approve Resolution 2014- oia authorizing the appropriation of $86,924.50 from the Capital Acquisition Fund and entering into a construction contract with Harmon Construction Inc. for completion of the ADA Sidewalk Improvement Project. CONTRACT THIS CONTRACT is between City of Seward, Alaska (hereinafter called OWNER), andIIIIII HARMON CONSTRUCTION INC. INTME-111 MiMIMMKIN10192. MI OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows- PILESTUM CONTRACTOR shall complete Work as specified or indicated in the Contract Documents. The Work is generally described as follows-. The scope of work includes replacing 22 sections of paver brick strips:, some containing electric vaults that will need to be reinstalled or replaced-, One section of Sidewalk that is 100ft. x 1 Oft. needs to be removed, disposed of, 2nd replaced; 9 handicaps ramps need to be replaced and upgraded to be compliant with ADA standards, as well as an exi�stinig ramp/railing outside of City Hall needs to be removed, disposed of, and replaced with an ADA coamp and railing. 2.1 W-C CASEY is hereinafter called CONTRACTING OFFICER and is authorized to enter into and administer the Contract on behalf of the OWNER, CONTRACTING OFFICER has authority to make findings, determinations and deons with respect to the Contract and, when necessary, to modify or terminate the Contract. 2.2. NANCY A. PEREA is hereinafter called PROJECT MANAGER and is to act as OWNER's representative, assume duties and responsibilities, and have the rights and auth ority assigned to PROJECT MANAGER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 3.1.1. Work shall be completed and ready for final payment and 2cceptance no later than June 1, 2014. 3.1.2. CONTRACTOR shall achieve Substantial Completion no later than MaV 15, 2014. 3.1.3. Sidewalks shall remain open for the duration of repairs. Barricades may be used to block sections being repaired, however, the sidewalk must remain open for public utilization. -MM 1211111111111016 ZI 9 130ITTAT" 91.11 EIGHTY SIX THOUSAND NINE HUNDERED TWENTY FOUR Dollars (Words) and FIFTY Cents $ 86,924.50 (Words) (Numbers) In order to induce OWNER to enter into this Agreement, ;CONTRACTOR's representations are as set forth as follows: 5.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, general' nature of work to be performed by OWNER or others at the site that relates to Work required by the Contract Documents and local conditions and federal, state, and local Laws and 1 Regulations that in any manner may affect cost, progress, performance, or furnishing of Work. 5.2. CONTRACTOR has correlated information known to CONTRACTOR and results of such observations, familiarizations, examinations, investigations, explorations, tests, studies, and reports with Contract Documents. 5.3. CONTRACTOR has given PROJECT MANAGER written notice of coniflicts, errors, ambiguities, or discrepancies that it has discovered in the Contract Documents, and the written resolution thereof by PROJECT MANAGER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of terms and conditions for performing and furnishing Work. Contractor agrees to release, indemnify, defend and hold harmless the City, its officers, agents and employees 'from and against any and all claims, demands, losses, defense costs or liability of any kind or nature, including environmental liability, which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them or injury to or death of persons or damage to property as a result of, arising out of or in any manner connected with Contractor's performance under the terms of this Agreement, excepting only liability arising out of the sole, gross negligence of the City. Without limiting Contractor's obligations stated above in this paragraph, it is agreed that Contractor shall maintain in force, at all times, during the performance of this Agreement the following policies of insurance, with deductibles acceptable to thit City, covering its operations: Insurance Minimum Limits Z IP=roduoctiF!�" $1 Million combined' limit each occurrence I Pmdlj(-ts Completed Liability $1 Million Total orker's Compensation/Employer Liability As required by statute Automobile Liability - Covering bodily injury and property damage, including a owned, hired and non -owned vehicles. $1 Million combined limit per accident Contractor shall procure insurance for full; replacement value and to adequately insure against the loss of or damage to materials during shipment and at all times in Contractor's possession. Costs of shipping and other insurance are covered by the contract price. Contractor"s insurance policies shall contain the following clauses: 1. The City, its officers, employees and volunteers are added as additional insured for operations of the named insured performed under contract with the City. Z Any insurance maintained by the City shall apply in excess of, and not contribute with, insurance provided by Contractor. 3. All insurance policies required by this Agreement shall contain a clause that the insurance shall not be canceiled, limited, non -renewed, or otherwise materially changed without thirty (30) days prior written notice delivered to the City. 4. All policies shall be written by insurance companies legally authorized or licensed to do business, in the State of Alaska and acceptable to the City. 5. Contractor shall furnish to the City, certificates evidencing that it has procured the insurance required herein prior to commencement of the contract term. 6, All of the insurance policies described above shall provide that the insurers waive rights of subrogation against the City, its officers, agents and employees. 7.1 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction! may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor Irom any duty or responsibility under the Contract Documents. 7.2. OWNER and CONTRACTOR each binds itself, its partners, successors, 2ssigns, and legal representatives to the other party heretoi, its, partners, %,ucceissoirs, assigns, and legal representatives in respect of all covenants, .-,greements, and obligations contained in the Contract Documents. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed 9 copie(s) this Agreement. All portions of the Contract Documents have been signed or identifi by OWNER and CONTRACTOR. *WNER City of Seward, Alaska CONTRACTOR Z-9 "M 11:1 M Title: Date: