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HomeMy WebLinkAboutRes2021-078I Sponsored by: Bower Postponed: July 12, 2021 CITY OF SEWARD, ALASKA RESOLUTION 2021-078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH DAWSON CONSTRUCTION FOR THE DESIGN - BUILD OF THE SEWARD ANIMAL SHELTER PROJECT IN THE AMOUNT OF $1,755,000, PLUS A 10% CONTINGENCY, FOR A TOTAL AMOUNT NOT TO EXCEED $1,930,500, AND APPROPRIATING FUNDS WHEREAS, for a number of years, council, administration, and the community have made the City's Animal Shelter a priority; and WHEREAS, on May 29, 2018, Resolution 2018-049 authorized the creation of the Animal Shelter Relocation Fund; and WHEREAS, on September 24, 2018, Resolution 2018-080 approved 605 Sea Lion Avenue as the location for a new animal shelter; and WHEREAS, the current facility, located at 420 Sixth Avenue, is outdated and has outlived its useful capability; and WHEREAS, the current facility doesn't have enough space to adequately store food, medications, and supplies, or house the animals it serves; and WHEREAS, the current facility has no ability to quarantine sick animals from healthy ones, which can endanger the wellbeing of the entire facility; and WHEREAS, the current facility has no indoor, heated, or plumbed restroom facilities for employees or the public; instead, there is a portable toilet located in the front yard; and WHEREAS, the current facility has inadequate space for citizens considering adoption to allow interaction with animals inside the facility; and WHEREAS, the new Animal Shelter will meet standards set forth by the American Society for the Prevention of Cruelty to Animals; and WHEREAS, the new Animal Shelter will solve the above issues and serve the community of Seward for decades; and t WHEREAS, the City received four proposals submittals which were scored by the City Manager, Assistant City Manager, Police Chief, Deputy Chief Police and Community Development Director; and CITY OF SEWARD, ALASKA RESOLUTION 2021-078 WHEREAS, Dawson Construction scored the highest with 77 points, followed by F & W Construction Company, Inc., with 64.4 points, Criterion General with 56.5 points, and Boretide Construction with 44.1 points; and WHEREAS, Dawson Construction will perform the services as outlined in the proposal and within the attached contract for $1,755,000; and WHEREAS, there will be a 10% contingency included, to bring the total to $1,930,500. 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 Dawson Construction in substantially the form attached hereto for the Seward Animal Shelter Project Professional Services for Design -Build in the amount of $1,755,000 plus a 10% contingency, for a total amount not to exceed $1,930,500. Section 2. Funding in the amount of $1,000,000 is hereby appropriated from the general fund ' undesignated reserves account no. 01000-0000-3710-80015 to the animal shelter fund account no. 80015- 0000-3700-01000. Section 3. Funding in the amount of $930,500 is hereby appropriated from the proceeds received from the sale of municipal lands through December 31, 2021. In the event that municipal land sale proceeds do not reach $930,500 before December 31, 2021, any remaining portion of the $930,500 will be converted to an Interfund Loan from the Motor Pool Internal Service Fund to be repaid over a period of thirty (30) years, in annual payments of approximately $30,000 per year. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 2e day of July, 2021. TH ITY OF ,ALASKA risty Ter Mayo ' CITY OF SEWARD, ALASKA RESOLUTION 2021-078 AYES: DeMoss, McClure, Casagranda, Baclaan, Osenga, Seese, Terry NOES: None ABSENT: None ABSTAIN: None ATTEST: (City Seal) OF • SEAL Sjq••.:.!...... ti. Tf OF A�0 1 City Council Agenda Statement Meeting Date: July 12, 2021 To: Seward City Council Through: Janette Bower, City Manager From: Alan Nickell, Police Chief Jackie C. Wilde, Community Development Director Agenda Item: Authorizing the City Manager to execute a contract with Dawson Construction for Design Build Services for the Seward Animal Shelter BACKGROUND & JUSTIFICATION: The City of Seward Community, Council and administration have made the City's Animal Shelter relocation a priority through Council action, administrative support and community input. Seward City Council passed Resolution 2018-049 which authorized the creation of the Animal Shelter relocation fund, Resolution 2018-080 which selected 605 Sea -Lion Avenue as the new Animal Shelter location as well as Resolutions 2018-094 and 095 which placed the Animal Shelter relocation on the City and State legislative priorities list in order to seek funding and support. City Code was also amended through Ordinance 2019-007 to allow for animal shelters within the Institutional Zoning District. The current building is outdated and has outlived its useful capabilities. The shelter doesn't have enough space to adequately store food, medications and supplies or house the animals it serves. Our current shelter has no ability to quarantine sick animals from healthy ones which can endanger the entire shelter facility. There is no indoor, heated, or plumbed restroom facility for employees and the public. The shelter currently utilizes a portable toilet located in the front of the yard and lacks proper ventilation. The construction of a new shelter in a new location will solve the above issues and serve the community of Seward for decades to come. The City issued an RFP for Design Build Services for the Animal Shelter project. The RFP was issued on May 11, 2021 and was published in ADN May 16 & 20, 2021 and the Seward Journal on May 13 & 20, 2021 for circulation. Submittals were accepted through the CIerk's Department with a deadline of June 11, 2021. Four proposals were properly submitted and scored as summarized below: Company Price — 50% Technical —15% �I Qualifications —15% Schedule _ 5% Project Management —15% Point Total 100 Dawson l 40 11.6 8.8 4.6 12.4 i 77.4 F & W 1 34.2 13.4 1 8.2 68.2 Criterion General 21 11.8 8.8 4.8 11.2 57.6 Boretide 28.2 8 3.6 2.4 6.2 48.4 37 Dawson Construction will perform the services as outlined in their RFP and within the attached contract for $1,755,000 with a 10 % contingency for a total of $1,930,500. INTENT: Execute a contract with Dawson Construction to perform services as proposed in their submittal and the attached contract. CONSISTENCY CHECKLIST: Yes,, No I N/A Comprehensive Plan: 2.2.7- Community Partnerships -Approve resolutions of support for endeavors and projects of various organizations and individuals which benefit the community 1. 2.2.9 -Public Safety -Identify & support an appropriate site for a new X animal control shelter. Improve the safety of city owned buildings 3.7.1.5 — Plan to relocate and rebuild selected facilities to improve compatibility with land uses and increase cost-effectiveness of services 2. Strategic PIan: f X 3. Other: X FISCAL NOTE: The animal shelter does not generate sufficient income to support debt service on a revenue bond. Therefore, the administration proposes funding this project as follows: 1) appropriate $1,000,000 from the General Fund undesignated reserves account no. 01000-0000-3710-80015 and 2) appropriate $930,500 from the proceeds received from the sale of municipal lands into the animal shelter fund account no. 80015- 0000-3700-01000. In the event that land sale proceeds do not reach $930,500 before 12/31/2021any remaining portion of the $930,500 will be converted to an interfund loan from the Motor Pool Internal Service Fund to be repaid over a period of fifteen (15) years at an interest rate of 5%, in annual payments of approximately $65,000 per year. Approved by Finance: ATTORNEY REVIEW: Yes X No RECOMMENDATION: Approve Resolution 2021- 078 authorizing the City Manager enter into a contract with Dawson Construction the design build of the animal shelter. 38 Professional Services Agreement for Seward Animal Shelter Design Build This AGREEMENT, made and entered into this day of June 2021 by and between the CITY OF SEWARD, a home rule municipal corporation located within the Kenai Peninsula Borough and organized under the laws of the State of Alaska, hereinafter referred to as the "City" and Dawson Construction. LLC), a Contractor authorized to do business in Alaska, with offices located in, Juneau, Alaska 99803 hereinafter referred to as the "Contractor." WITNESSETH WHEREAS, the City of Seward wishes to enter into a contract with an independent contractor / firm to design and build the Seward Animal Shelter and WHEREAS, in response to a request for a proposal, Dawson Construction, LLC submitted a proposal asserting it is qualified to perform these services and able to do so in a timely manner; and NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1.0 DEFINITION 1.1 "Agreement" shall mean this Professional Services Agreement, including: Exhibit A: Contractor's Proposal for Build and Design Services dated June 11, 2021 Exhibit B: Contractor's Certificate of Insurance Exhibit C: Contractor's Clarifications & Conditions 1.2 "Change Order" is an addition to, or reduction of, or other revision approved by the City in the scope, complexity, character, or duration of the services or other provisions of this Agreement. 1.3 "City" shall all mean the City of Seward, Alaska. 1.4 "Contracting Officer" shall mean Community Development Director, Jackie C. Wilde, and include any successor or authorized representative. 1.5 "Project" shall mean the Animal Shelter is owned by the City of Seward. - Dawson Construction- Seward Animal Shelter -2021- -Page 1 of 8- 39 2.0 TERM OF AGREEMENT. This Agreement shall take effect upon execution. This Agreement shall remain in full force and effect until the Project has been completed and further, until all claims and disputes have been concluded. The work is considered complete when the City has found acceptable the finished product of all work described in Contractor's Scope of Services or changes thereto. This Agreement may be amended only in writing and upon compliance with all applicable statutes, ordinances, and regulations. 3.0 FEES, The total fees shall not exceed $ 1,755,000.00. 4.0 SCOPE OF SERVICES. The City and the Contractor have agreed upon the scope of work described in Exhibit A, to build and design an animal shelter based on standard industry practice. This Scope of Services can only be changed in writing pursuant to Section 26.0 of this Agreement. 5.0 SCHEDULE FOR COMPLETION. The schedule for completion for all work described herein shall be as described in Exhibit A. 6.0 PERSONNEL/ORGANIZATION 6.1 Key Personnel. Work and services provided by the Contractor will be performed by: Chad McGraw. 6.2 Changes in Key Personnel. The Contractor shall give the City reasonable advance notice of any necessary substitution or change of key personnel and shall submit justification therefore in sufficient detail to permit the City to evaluate the impact of such substitution on this Agreement. No substitutions or other changes shall be made without the written consent of the City. 7.0 STANDARD OF PERFORMANCE, The Contractor agrees to provide all required professional labor, material, equipment, tools, supervision, transportation, disposal costs and other amenities necessary to complete the project and any additions or changes thereto. The Contractor accepts the relationship of trust and confidence established between it and the City by this Agreement. The Contractor covenants with the City to furnish its best skill and judgment, and to further the interest of the City at all times through efficient business administration and management. The Contractor shall provide all services in a competent manner. It is understood that some of the services to be rendered hereunder require professional judgment and skill. In those cases, the Contractor agrees to adhere to the standards of the applicable profession. - Dawson Coustructiou- Seward Auimal Shelter -2021- -Page 2 of 8- 40 8.0 TIMELINESS OF PERFORMANCE. Time is of the essence in this Agreement. Contractor's failure to meet any such deadlines or required performance may adversely imperil other contractual obligations of the City. If the Contractor fails to meet the agreed upon schedule within Exhibit A, the Contractor shall pay as liquidated damages and not as penalty $200.00 per day for each day after May 9, 2022, the final site inspection for either site remains unaccepted by the City. 9.0 COMPLIANCE WITH LAWS. The Contractor shall be familiar with and at all times comply with and observe all applicable federal, state and local laws, ordinances, rules, regulations, and executive orders, all applicable safety orders, all orders or decrees of administrative agencies, courts, or other legally constituted authorities having jurisdiction or authority over the Contractor, the City, or the service which may be in effect now or during performance of the services. 10.0 INDEMNITY. The Contractor shall indemnify, defend, and hold harmless the City from and against any claim of, or liability for, negligent acts, errors, and omissions of the Contractor under this agreement, including attorney fees and costs. The Contractor is not required to indemnify, defend, or hold harmless the City for a claim of, or liability for, the independent negligent acts, errors, and omissions of the City. If there is a claim of, or liability for, a joint negligent act, error, or omission of the Contractor and the City, the indemnification, defense, and hold harmless obligation of the Contractor, and liability of the parties, shall be apportioned on a comparative fault basis. In this provision, "Contractor" and "City" include the employees, agents, and Contractors who are directly responsible, respectively, to each. In this provision, "independent negligent acts, errors, and omissions of the City" means negligence other than in the City's selection, administration, monitoring, or controlling of the Contractor, or in approving or accepting the Contractor's work or the Contractor's sub -Contractors. 111 INSURANCE. The Contractor understands that no City insurance coverage, including Workers' Compensation, are extended to the Contractor while completing the terms of this Agreement. The Contractor shall carry adequate (commercially reasonable coverage levels) insurance covering Workers' Compensation, general public liability, automobile, professional liability, and property damage including a contractual liability endorsement covering the liability created or assumed under this Agreement. The Contractor shall not commence work under this Agreement or any work on any phase of the Project until the Contractor provides the City with certificates of insurance evidencing that all required insurance has been obtained. These insurance policies and any extension or renewals thereof must contain the following provisions or endorsements: a. City is an additional insured thereunder as respects liability arising out of or from the work performed by Contractor of City of Seward. b. City will be given thirty (30) days prior notice of cancellation or material alteration of any of the insurance policies specified in the certificate. - Dawson Coustructiou- Seward Auimal Shelter -2021- -Page 3 of 8- 41 c. Insurer waives all rights of subrogation against City of Seward and its employees or elected officials. d. The insurance coverage is primary to any comparable liability insurance carried by the City of Seward. Upon request, Contractor shall permit the City to examine any of the insurance policies specified herein. Any deductibles or exclusions in coverage will be assumed by the Contractor, for account of, and at the sole risk of the Contractor. The minimum amounts and types of insurance provided by the Contractor shall be as set forth in Exhibit B. subject to revision at the City's request in order to provide continuously throughout the term of the Agreement a level of protection consistent with good business practice and accepted standard of the industry. 12.0 GOVERNING LAW. The laws of Alaska will determine the interpretation, performance and enforcement of this Agreement. 13.0 OWNERSHIP OF WORK PRODUCTS. Payment to the Contractor for services hereunder include full compensation for all work products and other materials produced by the Contractor and its sub -Contractors pertaining to this Agreement. 14.0 PATENTS, TRADEMARKS, AND COPYRIGHTS. The Contractor agrees to defend, indemnify, and save the City harmless from and against any and all claims, costs, royalties, damages and expenses of any kind of nature whatsoever (including attorneys' fees) which may arise out of or result from or be reasonably incurred in contesting any claim that the methods, processes, or acts employed by the Contractor or its employees in connection with the performance of services hereunder infringes or contributes to the infringement of any letter patent, trademark, or copyright. In case such methods, processes, or acts are in suit held to constitute infringement and use is enjoined, the Contractor, within reasonable time and at its own expense, will either secure a suspension of the injunction by procuring for the City a license or otherwise, or replace such method, process, etc., with one of equal efficiency. 15.0 NONWAIVER. No failure of the City or Contractor to insist upon the strict performance by the other of any of the terms of this Agreement or to exercise any right or remedy herein conferred shall constitute a waiver or relinquishment to any extent of its rights to rely upon such terms or rights on any future occasion. Each and every term, right, or remedy of this Agreement shall continue in full force and effect. 16.0 SAFETY/PERFORMANCE. The Contractor shall perform the work in a safe and workmanlike manner. The Contractor shall comply with all federal and state statues, ordinances, orders, rules, and regulations pertaining to the protection of workers and the public from injury or damage, and shall take all other reasonable precautions to protect workers and the public from injury or damage. - Dawson Construction- Seward Animal Shelter -2021- -Page 4 of 8- 42 17.0 SUSPENSION OR TERMINATION. 17.1 Fault Termination or Suspension. This Agreement may be terminated by either party upon ten (10) days written notice if the other party fails substantially to perform in accordance with its terms. If the City terminates this Agreement it will pay the Contractor a sum equal to the percentage of work completed and accepted by the City that can be substantiated by the Contractor and the City, offset by any amounts owed to the City. However, within the ten (10) day Notice of Intent to terminate the party in default shall be given an opportunity to present a plan to correct its failure. 172 Convenience Suspension or Termination. The City may at any time terminate or suspend this Agreement for any reason including its own needs or convenience. In the event of a convenience termination or suspension for more than six (6) months, the Contractor will be compensated for authorized services and authorized expenditures performed to the date of receipt of written notice of termination or suspension. No fee or other compensation for the uncompleted portion of the services will be paid, except for already incurred indirect costs which the Contractor can establish, and which would have been compensated but because of the termination or suspension would have to be absorbed by the Contractor without further compensation. 17.3 Activities Subsequent to Receipt of Notice of Termination or Suspension. Immediately upon receipt of a Notice of Termination or suspension and except as otherwise directed by the City or its Representative, the Contractor shall: a. stop work performed under this Agreement on the date and to the extent specified in the Notice; and b. transfer title to the City (to the extent that title has not already been transferred) and deliver in the manner, at the times, and to the extent directed by the City's representative, work in progress, completed work, supplies, and other material produced as a part of, or acquired in respect of the performance of the work terminated or suspended by the Notice. 18.0 EQUAL EMPLOYMENT OPPORTUNITY. The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, or because of age, physical handicap, sex, marital status, change in marital status, pregnancy, or parenthood when the reasonable demands of the position do not require distinction on the basis of age, physical handicap, sex, marital status, changes in marital status, pregnancy, or parenthood. The Contractor shall take affirmative action required by law to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, national origin, ancestry, age, or marital status. - Dawson Construction- Seward Animal Shelter -2021- -Page 5 of 8- 43 19.0 NO ASSIGNMENT OR DELEGATION. The Contractor may not assign, subcontract or delegate this Agreement, or any part of it, or any right to any of the money to be paid under it without written consent of the Contracting Officer. 20.0 INDEPENDENT CONTRACTOR. The Contractor shall be an independent Contractor in the performance of the work under this Agreement, and shall not be an employee or agent of the City. 21.0 PAYMENT OF TAXES. As a condition of performance of this Agreement, the Contractor shall pay all federal, state and local taxes incurred by the Contractor and shall require their payment by any other persons in the performance of this Agreement. 22.0 PRECEDENCE AND DIVISIBILITY. The provisions of this Agreement shall fully govern the services performed by the Contractor. If any term, condition, or provision of this Agreement is declared void or unenforceable, or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. 23.0 ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties as to the services to be rendered by the Contractor. All previous or concurrent agreements, representations, warranties, promises, and conditions relating to the subject matter of this Agreement are superseded by this Agreement. 24.0 COMPLETION OF WORK, TERM OF AGREEMENT. The Contractor shall perform all work in a timely fashion, and in accordance with the schedules included in this Agreement and Exhibits. 25.0 CLAIMS AND DISPUTES. Venue for all claims and disputes under this Agreement, if not otherwise resolved by the parties, shall be in the appropriate Alaska State court in Anchorage, Alaska. 26.0 CHANGES IN SCOPE OF WORK. 26.1 General. No claim for additional services not specifically provided in this Agreement will be allowed, nor may the Contractor do any work or furnish any materials not covered by the Agreement unless the work or material is ordered in writing by the Contracting Officer. Preparation of Change Orders and design changes, due to errors and/or omissions by the Contractor, will be done at the sole expense of the Contractor. 262 Changes in Scope of Work. The City or its representative may, at any time, by a written Change Order delivered to the Contractor, make changes to the scope of work, or authorize additional work outside the scope of work. - Dawson Construction- Seward Animal Shelter -2021- -Page 6 of 8- 44 26.3 Compensation to the Contractor. If any Change Order for which compensation is allowed under this Article causes an increase or decrease in the estimated cost of, or time required for, the performance of any part of the work under this Agreement, or if such change otherwise affects other provisions of this Agreement, an equitable adjustment will be negotiated. Such an adjustment may be: a. in the estimated cost or completion schedule, or both; b. in the amount of fee to be paid; and c. in such other provisions of the Agreement as may be affected, and the Agreement shall be modified in writing accordingly. 26.4 Any claim by the Contractor for adjustment under this section must be asserted within fifteen (15) days from the day of receipt by the Contractor of the notification of change; provided, however, that the City or its representative, deciding that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this Agreement. Failure to agree to any adjustment shall be a dispute within the meaning of Section 25.0 of this Agreement. 27.0 LIMITATION OF FUNDS. 27.1 At no time will any provision of this Agreement make the City or its representative liable for payment for performance of work under this Agreement in excess of the amount that has been appropriated by the City Council and obligated for expenditure for purposes of this Agreement. 27.2 Change orders issued pursuant to Section 26 of this Agreement shall not be considered an authorization to the Contractor to exceed the amount allotted in the absence of a statement in the change order, or other modification increasing the amount allotted. 27.3 Nothing in this Section shall affect the right of the City under Section 17 to terminate this Agreement. 28.0 PRIOR WORK. For the purposes of this Agreement, work done at the request of the City or its representative before execution of this Agreement shall be deemed to be work done after its execution and shall be subject to all the conditions contained herein. - Dawson Coustructiou- Seward Auimal Shelter -2021- -Page 7 of 8- 45 29.0 NOTICES. Any notices, bills, invoices, or reports required by the Agreement shall be sufficient if sent by the parties in the United States mail, postage paid, to the address noted below: Jackie C. Wilde, Community Development Director City of Seward PO Box 167 Seward, Alaska 99664-0167 Todd Rawls Secretary Dawson Construction, LLC PO Box 30920 Bellingham, WA 98228-2920 IN WITNESS WHEREOF, the parties have executed this Agreement. City of Seward By: Janette Bower Title: City Manager Date: ATTEST: Brenda Ballou, MMC City Clerk (City seal) Dawson Construction o� By: Todd Rawls Title: Secretary Date: July 8, 2021 - Dawson Construction- Seward Animal Shelter -2021- -Page 8 of 8- 46