HomeMy WebLinkAboutRes2023-109 New Fence for Electric Sponsored
OF SEWARD,ALASKA by: Sorensen
RESOLUTION 2023-109
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH MCKINLEY FENCE COMPANY TO CONSTRUCT A
NEW SECURITY FENCE AROUND THE SPRING CREEK SUBSTATION
AS PART OF THE ELECTRIC UTILITY'S LARGER TRANSMISSION
INFRASTRUCTURE PROJECT, IN THE AMOUNT OF $87,943 AND
APPROPRIATING FUNDS
WHEREAS, Seward Electric reached out to three fence companies within Alaska and
McKinley Fence Company was the only company to respond; and
WHEREAS, the new security fence for the Spring Creek Substation is part of the larger
transmission infrastructure project that got underway in 2023; and
WHEREAS, the fence is necessary to expand the footprint of the substation to
accommodate an additional transmission transformer and other new equipment; and
WHEREAS, the fence will be built to meet industry specifications to help ensure public
safety and security; and
WHEREAS, McKinley Fence Company 'successfully completed a project for Seward
Electric in 2021 with the construction of a security fence around the Fort Raymond Substation.
NOW,THEREFORE,BE IT RESOLVED B\'THE CITY COUNCIL OF THE CITY
OF SEWARD,ALASKA that:
Section 1. The City Manager is hereby authorized to enter a contract with McKinley Fence
Company to construct a new security fence around the Spring Creek Substation located on Nash
Road.
Section 2 Funding of$87,943 is hereby appropriated from account no. 15000-0000-3710
Electric Enterprise Fund transferred to the Electric Critical Infrastructure Fund to 15340-0000-
8101 Infrastructure Expense account.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska,this 25th
day of September 2023.
CITY OF SEWARD, ALASKA
RESOLUTION 2023-109
J
THE CITY OF SEWARD, ALASKA
Sue McClure, Mayor
AYES: Wells, Osenga, Finch, Barnwell, Calhoon, McClure
NOES: None
ABSENT: DeMoss
ABSTAIN: None
ATTEST:
Kris Peck
City Clerk ss•`OF,SEils 'si„
(City Seal) .••,�'l Qp"'`�,q� I�'•,
ra
• SEAL ! -
-.--
•. ��t
'
' ✓ENE 1,\c;`.04- .`
/EOF P\-%Os
1''�rrtivess ",
City Council Agenda Statement
Meeting Date: September 25,2023
To: City Council
Through: Kat Sorensen, City Manager
From: Rob Montgomery, General Manager-Electric
Subject: Resolution 2023-109: Authorizing the City Manager to enter into a contract with
McKinley Fence Company to construct a new security fence around the Spring
Creek Substation as part of the electric utility's larger transmission infrastructure
project,in the amount of$87,943 and appropriating funds
Background and justification:
In 2023, Seward Electric and its construction contractors began work on a transmission infrastructure
project that will include the complete refurbishment of its three substations.As part of this effort,the Spring
Creek Substation on Nash Road must be expanded to accommodate an additional transformer being moved
from the Lawing Substation and other new equipment. This expansion will require a new security fence
with an expanded footprint at the substation.
McKinley Fence Company out of Anchorage was the only respondent to the utility's request for bids.
Seward Electric has recent experience working with McKinley Fence,which successfully constructed the
security fence at the Fort Raymond Substation in 2021.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with(citation listed):
Comprehensive Plan: 3.7.1.4 "Continue to upgrade and expand utilities to meet existing needs and
encourage future development."
Strategic Plan:
Other:
Certification of Funds
Total amount of funds listed in this legislation: $ 87,943
This legislation(✓):
Creates revenue in the amount of: $
✓ Creates expenditure in amount of. $ 87,943
Creates a savings in the amount of: $
Has no fiscal impact
Funds are(✓):
Budgeted Line item(s):
✓ Not budgeted
Not applicable
139
Fund Balance Information
Affected Fund(✓):15340-0000-8101
General SMIC Iq
Electric Wastewater
Boat Harbor Parking Water Healthcare
Motor Pool Other
Note:amounts are unaudited
Available Fund Balance $ (465,367.48)
Finance Director Signature:
Attorney Review
Yes Attorney Signature:
✓ Not applicable Comments:
Administration Recommendation
�✓ Adopt AM
Other:
140
I
CITY OF SEWARD City Managers Office
P.O.Box 167 907.221 t017 (u)7.224.4038 fax
410 Adams Street 1 citvmkr O(M ofseward.net
Seward,Alaska 99664
PROFESSIONAL SERVICES CONTRACT
SECUITY FENCE INSTALLATION—SPRING CREEK SUBSTATION
CITY OF SEWARD
SEWARD,ALASKA
THIS original CONTRACT made on the 26th of September 2023 between the CITY OF SEWARD, ALASKA (the
"City"), acting by and through the City Manager or other City authorized representative (its "Contracting Officer") and
McKinley Fence Company,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
attached STATEMENT OF WORK. 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 and in all respects to complete the Contract to the satisfaction of the City.
The Contract payment shall not exceed eighty-seven nine hundred forty-three dollars($87,943.00)for all items,with work
beginning in September or October 2023 and concluding within six weeks. Payment will include a 40% deposit of
$35,177.2 to be paid at the beginning of the project,with the balance to be paid when the project is completed. All work
shall be in accordance with the STATEMENT OF WORK, and the amounts payable to Contractor shall not exceed the
sums identified in this paragraph without the prior written approval of the City.
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$2,000,000 per occurrence and/or 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 through contract life 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 on the General Liability and Motor Vehicle Liability Insurance: 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,or Non-renewal,or Amendment shall be sent to: City of Seward, Engineering Department, P. O. Box 167,
Seward,AK 99664.
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:
Seward Electric—Spring Creek Substation Fence Page 1 of 2
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;
e. If so requested,Certified Copies of all policies shall be furnished.
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, McKinley Fence Company agrees to defend, indemnify and hold harmless the City
of Seward, its elected and appointed officials, employees, insurers and volunteers against any and all liabilities, claims,
demands, lawsuits, or losses, including costs and attorney fees incurred in defense thereof, arising out of or in any way
connected or associated with this contract.
The Contractor further covenants and agrees that all of the work and labor shall be done and performed in the best and most
workmanlike manner and that all material and labor shall be in strict and entire conformity in every respect with the governing
standards and practices of the industry and if any Work shall be rejected by the Contracting Officer as defective or unsuitable,
then such Work shall be corrected 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 Cit_v 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"ork 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 tier�k ork or materials done or furnished without such written order.
The Contractor may not assign or subcontract performance of this Contract, without written approval by the City. The
Contractor is an independent contractor and is not an employee or agent of the City.
Claims by the City resulting from Contractor's failure to comply with the terms of and specifications of this Agreement
and/or default hereunder may be recovered by City by withholding the amount of such claims from compensation
otherwise due Contractor for%\ork performed or to be performed. Cit\ shall notify Contractor of any Such failure,default
or damage therefrom as soon as practicable after discovery of such c%cnt by written notice. Nothing provided herein shall
be deemed as constituting an exclusive remedy on behalf of City, nor a waiver of any other rights hereunder at law or in
equity.
The venue of any legal action between the parties arising as a result of this Agreement shall be laid in the Third Judicial
District of the Superior Court of the State of Alaska,at Seward,Alaska unless a non-waivable federal or state law requires
otherwise.This Agreement shall be interpreted in accordance with the laws of the State of Alaska.
No failure on the party of the City to enforce any covenant or provision herein contained, nor any waiver of any right
hereunder by City, unless in writing and signed by the parties sought to be bound, shall discharge or invalidate such
covenants or provisions or affect the right of the City to enforce the same or any other provision in the event of any
subsequent breach or default.
The terms, conditions and covenants contained in this Agreement shall apply to, inure to the benefit of, and bind the
parties and their respective successors.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof,and all prior
negotiations and understandings are superseded and replaced by this Agreement and shall be of no further force and effect.
No modification of this Agreement shall be of any force or effect unless reduced to writing, signed by both parties and
expressly made a part of this Agreement.
Seward Electric—Spring Creek Substation Fence Page 2 of 3
i
IN WITNESS WHEREOF the parties hereto have executed this Agreement, effective the day and year first
above written.
CITALASKA McKinley Fence Company
.411�rd Z6dyL
City Manager Principal
ATTEST:
••.• OF SEw
Kris Peck
City Clerk /0•
C.� ;2G •
(Seal) '1 -
. SEAL
Attachments: Statement of Work : ✓� p1 •'Q
OF
''++.++a t�•`�
Seward Electric-Spring Creek Substation Fence Page 3 of 3