HomeMy WebLinkAboutRes2021-122 Sponsored by: Bower
CITY OF SEWARD,ALASKA
RESOLUTION 2021-122
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
ENGINEERING CONTRACT WITH MOFFAT&NICHOL TO ENGINEER,
DESIGN,PERMIT,BID SUPPORT AND CONSTRUCTION SERVICES FOR
THE PLACEMENT OF A 5-TON PUBLIC CRANE ON I-DOCK IN AMOUNT
NOT TO EXCEED$102,234.00 WHICH INCLUDES A 10%CONTINGENCY
AND APPROPRIATING FUNDS
WHEREAS, in most harbors,public cranes are used by vessel owners to load and unload
gear and fish; and
WHEREAS, the Seward Boat Harbor does not currently have any public cranes in the
Seward harbor; and
WHEREAS, construction of a public use crane is on the 2020 and 2021 Harbor Capital
Improvement list as approved by City Council in Resolution 2019-108: and
1111 WHEREAS, a fixed crane offers a safer and more flexible alternative than using boom
trucks; and
WHEREAS,Moffatt&Nichol did the feasibility study for this crane location in 2015 which
was approved by council in resolution 2015-042; and
WHEREAS,up to a five-ton crane on the I dock is the preferred alternative; and
WHEREAS,the City requested Moffat&Nichol to provide a proposal for the engineering,
design,permitting,bid support and construction services for this project; and
WHEREAS, Moffatt and Nichol provided a proposal in the amount of$92,940.00; and
WHEREAS, Seward City Code § 6.10.120A (8) exempts professional services including
accounting,architectural,appraisal,engineering,land surveying,and other specialized service from
the otherwise applicable provisions of that Title requiring competitive procurement procedures;and
WHEREAS, the city requests a 10% contingency in the amount of $9,294.00 for any
unforeseen issue that could arise.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD,ALASKA that:
CITY OF SEWARD, ALASKA
RESOLUTION 2021-122
Section 1. Authorize the City Manager to enter into an engineering contract with Moffat&
Nichol for the inspection, design permitting, bid assistance and services during construction for a
five-ton crane on I-dock.
Section 2. Funding in the amount of$102,234.00 is hereby appropriated from the Harbor
undesignated reserve account 11000-0000-3400 to contracted services account 11000-2000-7009.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND APPROVED by the City Council of the City of Seward,Alaska,this 8th day
of November 2021.
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AYES: McClure, DeMoss, Casagranda, Calhoon, Terry
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NOES: None
ABSENT: Osenga
ABSTAIN: None
VACANT: One
ATTEST:
Brenda J. Ballo , MMC
City Clerk
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City Council Agenda Statement
Meeting Date: November 8, 2021
To: City Council
Through: Janette Bower, City Manager
From: Norm Regis, Harbormaster
Agenda Item: Resolution 2021-122: A Resolution of the City Council of the City of Seward,
Alaska, Authorizing the City Manager to Enter into an Engineering Contract
with Moffat & Nichol to Engineer, Design, Permit, Bid Support and
Construction Services for the Placement of a 5-Ton Public Crane on I-Dock in
Amount not to Exceed $102,234.00 which includes a 10% Contingency and
Appropriating Funds
Background and justification:
The users of the Seward Boat harbor have for many years urged the city to purchase and install a
public crane in the Seward harbor to be used for loading and unloading gear and fish. In 2013 a
preliminary report was completed, but there were no funds budgeted to complete the project at that
time.
On January 12, 2015, council approved resolution 2015-002 to approve the final design of up to a
five-ton public crane on the I-dock.
The city went out to bid for a feasibility study for up to a five-ton crane on I-dock, with Moffatt &
Nichol winning the bid which was approved in resolution 2015-042.
The feasibility study was completed and was determined that a five-ton crane on the I-dock was the
best location for a public use crane in the Seward harbor.
The 5-ton crane located in the Seward harbor has been on the CIP list for many years.
A 10-ton crane was installed on the North dock located at SMIC, but this location will not work for all
the users in the Seward harbor.
With the possibility of infrastructure funding coming to the State and City of Seward, part of the
recommendations is that the projects need to be shovel ready.
This is a perfect opportunity to finally have a public use crane in the Seward harbor.
With Moffat&Nichol completing the feasibility study in 2015,the city would like to continue to work
with Moffat & Nichol to see it's completion with a public use 5-ton crane on I-dock.
If for some unforeseen reason the infrastructure funds do not come to fruition, we could use funds
from the harbor undesignated reserves account to fund this project.
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Consistency checklist:
Comprehensive Plan: Maintain a thriving port of Seward through harbor improvements,
infrastructure expansion, and implementation of management plans. (Page 16 3.5.1)
Strategic Plan: Complete the renovation of the Boat Harbor. (Page 7)
Other: N/A
Fiscal note:
Is this budgeted in the 2021 budget? ❑ Yes 0 No
Funding is from: The harbor undesignated reserves account no. 11000-0000-3400.
Finance Department approval: �l4
Attorney Review:
Yes ❑ No 0 Not applicable ❑
Recommendation
City Council approve Resolution 2021-122.
58
CITY OF SEWARD City Manager's Office
P.O.Box 167 _ 907.224 4047 907.224.4038 fax
410 Adams Street citymu@cityofseward.net
Seward,Alaska 99664
PUBLIC USE CRANE AT I DOCK
CITY OF SEWARD
SEWARD,ALASKA
THIS original CONTRACT made on the _ of between the CITY OF SEWARD, ALASKA (the
"City"), acting by and through the City Manager or other City authorized representative (its "Contracting Officer") and
MOFFATT&NICHOL,its successors and assigns(the "Contractor")as follows:
The Contractor,for and in consideration of the payment or payments herein specified and agreed to by the parties,hereby
covenants and agrees to furnish all equipment, material, and labor required to complete the WORK according to the
STATEMENT OF WORK described in the attached proposal and schedule of tasks (Attachment A). The Contractor
further agrees to be bound by all representations of the Contractor in the Contract and take all necessary steps to remain in
compliance with all such representations.
The Contractor hereby agrees that the time and materials, not-to-exceed price set forth below, is full compensation for
furnishing all equipment,material,and labor which may be required in the prosecution and completion of the whole work
to be done under this Contract at a mutually agreed-upon schedule to be developed upon Notice to Proceed, and in all
respects to complete the Contract to the satisfaction of the Contracting Officer. Contractor shall not be liable if there are
delays in completion due to reasons beyond its reasonable control.
The Contract payment shall not exceed NINETY-TWO THOUSAND, NINE HUNDRED AND FORTY/100S
DOLLARS (S92,940.00) for all items. Payment will be made monthly based on demonstrated percentage completion of
the project tasks within thirty (30) days upon City's receipt and approval of an invoice for work accomplished in
accordance with Attachment A.
The Contractor shall procure and maintain during the life of this contract, Worker's Compensation insurance, including
Employer's Liability Coverage,in accordance with all applicable statutes of the State of Alaska.
The Contractor shall procure and maintain during the life of this contract, Commercial General Liability Insurance on an
"Occurrence Basis" with limits of liability not less than $1,000,000 per occurrence and $2,000,000 aggregate combined
single limit, Personal Injury, Bodily Injury and Property Damage. Coverage shall include the following extensions: (A)
Contractual Liability, (B) Products and Completed Operations, (C) Independent Contractors Coverage; (D) Broad Form
General Liability Extensions or equivalent;(E)Deletion of all Explosion,Collapse and Underground(XCU)Exclusions,if
applicable,(F)Per contract aggregate.
The Contractor shall procure and maintain during the life of this contract,Professional Liability—Errors and Omissions
Insurance on an"Claim Basis"with limits of liability not less than$1,000,000 per claim.
The Contractor shall procure and maintain during the life of this contract Motor Vehicle Liability Insurance, including
applicable No-Fault coverages, with limits of liability not less than $1,000,000 per occurrence combined single limit
Bodily Injury and Property Damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired
vehicles.
The following shall be Additional Insureds under General Liability: The City of Seward, including all elected and
appointed officials, all employees and volunteers, all boards, commissions and/or authorities and their board members,
employees,and volunteers. This coverage shall be primary to the Additional Insureds,and not contributing with any other
insurance or similar protection available to the Additional Insureds, whether other available coverage be primary,
contributing or excess.
Worker's Compensation Insurance, Commercial general Liability Insurance and Motor Vehicle Liability Insurance, as
described above, shall include an endorsement stating the following: "Thirty (30) days Advanced Written Notice of
Cancellation shall be sent to: City of Seward,Engineering Department,P.O.Box 167, Seward,AK 99664.
Page 1 of 2
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The Contractor shall provide the City of Seward at the time contracts are returned for execution,Certificates of Insurance
and/or policies,acceptable to the City of Seward,as listed below:
a. One(1)copy of Certificate of Insurance for Worker's Compensation Insurance
b. One(1)copy of Certificate of Insurance for Commercial General Liability Insurance
c. One(1)copy of Certificate of Insurance for Vehicle Liability Insurance
d. One(1)copy of Certificate of Insurance for Professional Liability-Errors and Omissions Insurance
If so requested, copies of all policies shall be furnished, excluding confidential information. If any of the above coverages
expire during the term of this contract,the Contractor shall deliver renewal certificates and/or polices to the City of Seward at
least ten(10)days prior to the expiration date.
To the fullest extent permitted by law, Moffatt & Nichol agrees to defend, indemnify, and hold harmless the City of
Seward, its elected and appointed officials, employees, and volunteers against any and all liabilities, claims, demands,
lawsuits,or losses,including costs and attorney fees incurred in defense thereof,to the extent caused by the negligent act
or omission of Contractor in performance of professional services under this contract.
The Contractor further covenants and agrees that all of the work and labor shall be done and performed in the customary
workmanlike manner and that all material and labor shall be in conformity in every respect with the governing standards and
practices of the Contractor's industry (`Standard of Care")and if any materials or product shall be rejected by the Contracting
Officer as defective or unsuitable,then such materials shall be removed or replaced with other approved materials and the labor
shall be done anew,to the satisfaction of the Contracting Officer,at the cost and expense of the Contractor.
The Contractor further covenants and agrees that the tasks outlined in Attachment A will be done to the complete
satisfaction of the City,and in accordance with the laws of the State of Alaska and the City of Seward.
It is specifically understood and agreed that no claim for additional work or materials,done or furnished by the Contractor
and not specifically provided for herein,will be allowed by the Contracting Officer,nor shall the Contractor do any work
or furnish any material not covered by this Contract,unless such work is ordered in writing by the Contracting Officer. In
no event shall the Contractor assert any claims against the City by reason of verbal directions or instructions given by the
Contracting Officer or his representatives,nor will the City be liable for any material 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 first being given by the
Contracting Officer. 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.
The Contractor may not assign or delegate the Contract, without written approval by the City. The Contractor is an
independent contractor and is not an employee or agent of the City.
IN WITNESS WHEREOF the parties hereto have executed this Agreement, effective the day and year first above
written.
CITY OF SEWARD,ALASKA MOFFATT&NICHOL
Janette Bower Shaun McFarlane,PE
City Manager Vice President
ATTEST:
Brenda Ballou
City Clerk
(Seal)
Attachments: A. Statement of Work B. Insurance Certificates
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