HomeMy WebLinkAboutRes2023-109 New Fence for Electric1
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Sponsored hyt Softtns&
CITY OF SEAVARD, ALASKA
-RESOLUTION 2a23-j (to)•
A REsourpols.oF TIM CITY COUNCIL OF IIECtTY QFSEWARD,
A.144KA„ AUTHORIZING THE cITN IfyiANAGETI TO ENTER: INTO
:1.06KTRACir MCK.INLEN FENCE COMPA.NY TO CONSTRISCT A
NEW SECVRfl FENCE AROUND TIME SPRING:CREEK SUASTAT-10N
AS PART °TITLE ELECTRIC UTILITY'S LARGER TRANSMISSION
INFRASTRUCITRE PROJECT, IN THE AMOUNT t)F S$7,Q=13 AND
APPROFRIATING Ft INDS
WH1REA,Seveat4 Vit.ct& tched Erat Itrrrieke pinTrOnniFs -w-41.14 A lit.:10 ..DM
MeKinlol Fen bo ColitorT wgkihe only cbnipully to eFiokktamid
WITgREAS., the neseFinTityf.ia.* Eartho 511r:ing.tay.i1L3abktinity1 ii pfl Dr The EarOr
itiEMstrature project that goi mulorwq:in:1021:And
w.m.REAs the, tendtenc i iry tottXnd the ftpArit,of .111c .substni.icm'
accommodaie: .addltiona tramnisftion trano.rincrand. Other 'um cquipruclif:. and
VlIEREASI.the fence will. bv Indlt to .•itioet:411dttary:-s-coifieratiota to help ensure rittlAic
?tatty end sepprity;p4
WHEREAS. Nelf.:kiilq Pence, Compuny successfully completed a two.fect for Sews.T.d
Electric in2021 viti) i1 ruptiun,ufg qcatity ittice mind ttic Fun Fcllyy_11111.1 SahslOion.
NOW, THEREFORE, BE IT RESOLVE AVM fiTY COUNCIL OF THE CM'
illy sEwARD, ALASKA thiit
Section 1. Ths; Cily Manager i'slicychy aniwrizoltu Meru. cornrtwitk McKinley Vcnce
Company to ettnstrud a new. s-ecurity 17ence around ihe Spring Crick Substation lowted• on Mash
,Road.
Section a Funding tir 171.9‘';14:37it hereby appropriated from account no. 1500134100.0-3 710
4leetric Enterprise Fund tr4n5ferreil to the, 6.1qdrit: Critical Infroirvapre Figid,tu 1.S34Oi(X-
Io1 Lufritzudike Expeasdnedm6t;
Section 3. This resolnlign ghrrl I tftliv.dfitel.itnniedinitly uport-uslOption_
PASSED AND APPROYED hY City Council vf-dit: Cily.of Seward, Alagh, th25!h
day laiSepterober 2023,
CITY.OF SEW , ALAh
RESOLUTION 2023 I'ii9
TRE CITY OF SE WARD, SKA
Sue h1cCIure; Mayor
A.Y ES: Os€nga:, Fin0103aarwell. Ca!ho u. McClure
NOES: Nnna
ABSENT: eMe::
ABSTAIN: Iouiie
Kris Pi k
City Clerk
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City Council Agenda Statement {: F,
2E4
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 S87,943 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:
Creates a savings in the amount of
Has no fiscal impact
Funds are (✓);
Budgeted Line item(s):
Not budgeted
Not applicable
87943
139
Fund Balance Information
Affected Fund (✓`):15340-0000-8101
General
Boat Harbor
Motor Pool.
Available Fund Balance
Ye.s
SMIC
Parking
Other
Electric
Water
Wastewater
Hea lthcare
Note: amounts are unaudited
S (465,367.48)
Finance Director Signature:
Attorney Review
Attorney Signature:
Not applicable Comments:
Administration Recommendation
✓
Adopt AM
Other:
140
CITY OF SEWARD
Flox I(r7
11, . dart. Street
City Manager's Office
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vim -trier tfsew:urinet
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PROFESSIONAL SERVICES CONTRACT
SECUITI' FENCE INSTALLATION — SPRING CREEK SUBSTATI.ON
CITY OF SEWARD
SEWARD, ALASKA
THIS original CONTRACT made on the 26th of September 21i23 between the CiTY OF SEW'ARD, 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 ealuipMent. material. and labor required to complete the WORK according to the
attached STATEMENT 'OF WORK The Contractor further agrees to he hound by all representations. of the Contractor in
the Contract and take all necessary steps to remain in compliance with all such representations..
The C'omtractor 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 he required in the prosecution and completion of the whole work.
to he 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 -seen nine hundred (On) -three dollars t`i;K7,043.OQ1for all items, with, work
beginning in September. or October 2O22 and concluding within six weeks. Patytnent 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 he 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`a /Liability Cnverage. in accordance e%iai 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- vc ith limits of liability not less than S2.000,000 per occurrence andloraggregate combined single limit,:
Personal Lnjury,.Bodily Injury and Property Damage. Coverage shall include the following extensions: (A) Contractual
Liability: (13) Products and Completed Operations:, (C) Independent Contractors Coverage; tD:} Broad Form General
liability Extensions or equivalents t.E) Deletion of all Explosion,. Collapse and Underground (XCIJ) Exclusions, if
applicable; (F) Per contract aggregate.
Th_e Contractor shall procure: and maintain through contract life Motor 'Vehicle 1 iahility Insurance, including applicable
No -Fault coverages; with limits:of liability not less than S1.000.000 per occurrence combined single limit Bodily injury
and Ptoperty..Damage, Coverage; shall include all owned vehicles, all. non -ocvneci vethicles, and all hired vehicles,
The following shalt be AdditionalInsureds on. the General. Liability and Motor Vehicle Liability insurance: The City of
Seward; including all elected .and appointed otlicials, all employees and volunteers', all hoards, commissions .and/or
authorities and their board members, employees, and olunteers. 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 rbe primary. contributing or excess.
Worker's. Compensation Insurance, Corninereial general Liability Insurance and Motor Vehicle Liability insurance, as
described abo' e shall include an endorsement stating the GWowing: "Thirty (301 days. Advanced Written Notice al'
Cancellation, or Non -renewal, or Amendment shall he sent to: City of Seward, Engineering Department, P_ O. BM -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 I of 2
a. One (1 )copy ofCertificate of1nsurattce for Worters Compensation lnstrruttce:
b. One (1) copy of Ccrtifl ateof In urauce for Commercial General Liability Insurance_
One (1) copy of Certificate oflns-uranee for Vehicle Liability Insurance:
e. ff so requested, Certified Copies of all policies be furnished:
if arty of the above: coverages expire .during the term of this contract. the Contrrlctcrr shall deliver renewal certificates and:or
polices to the City ofSeward at least ten (Itt) days prior to the expiration date.
To the fullest extent permitted by I.aw., McKinley Fence Company agrees rodefend. indemnify and hold harmless the City
of Seward, itselected and appointed officials. employ eesinsurers and volunteers against any and all liabilities, claims.
clema.nds, lawsuits, or losses, including costs and attornek Ices incurred in defense thereof, arising out of or in any way
connected or associated with this contract.
The 'Contractor further covenants and .agrees drat all of the to ork and labor shall be dame and performed d ui the best and most
workmanlike manner:and that all material and labor shall be in strict and entire conforritity in every respect With the-goierriing
p try andl g Officer as de•fectiveor unsuitable.
.standards and practices of tits Indus if any `r4urk shall he rejected by the Contracting
'then sueh: Work shall be corrected to the satisfaction of the Contracting Officer, at the cost and expense, of the Contractor.
The Contractor further eoventints and agrees that the tasks outlined in Attachment A will he done to the complete
satisfaction of the City. and in accordance with the laws oldie State tt1'. Alaska and the City of Seward.
ft is pi eifrcaily understood and agreed that no claim for additional work or materials.:dune or furnished by tlte'Contrattoi
and not specifically provided for herein, will he al L owed 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 Contrautur:assert any claims against the City Its reason of verbal directions or instruction:given by the
Contracting Officer or his -representatives. nor will the City he liable for any material furnished or used. or for any w ork or
labor done, unless: the materials, work, or labor are required by the Contract or on written order first heing, given by the
•Contracting Officer. Any such work or material: which may he done or furnished by the Contractor without Written order
first being given shall he at theContractor's nwnrisk. cost, and expense and t.he.Contractor hereby covenants and agrees to
make no claim fnr.compensation (Or work or materials done or furnished without such written order.
The Crain -actor may not assign or subcontract perfhrrnaiice of thi. ('ontract. yyithout written approval by the City. The
CDntractor is an independent -contractor and is not an employee or anent of the City_
Clams by the City resulting from 'Contractor's failure to contpk with the terms of and specifications: of this Agreement
andtor .default .hereunder may be recovered by City by withholding the amount of such. claims from compensation,
otherwise:due Contractor for work performed or to he performed. City shall notify.Contractor of an_y such failure, default.
or damage therefrom as soon as practicable after discovery ut such event by written notice, 'Nothing provided herein shall
he deemed as cons-rituting an exclusive remedy on hehalrof City,, nor a waiver of any other rights hereunder at law or in
equity
The venue of any ;legal action between the partii s arising as a result of this Agreement shall he laid in the Tliird Judicial
District of the. Superior Court of the Stare 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 patty 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 afteca 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 herfof, and all prior
negotiations and understandings are superseded and replaced by this Agreement and shall be of no t:urthe,r force and etTect.
No modification of this Agreement shall be of any force or effect unless reduced to writing_ signed by both parries and
expressly made .a part of this Agreement,
Seward Electric Spring Creek Substation Fence Page's of 3
IN V47TNESS- WHEREOF the parties 'hereto have executed this .Agreement. effect 4e the day arid year'fr
above written.
City Manager
ATTEST:
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Kris Peep
City Clerk
S Seal)
Attaetun ents' StmementofWork
McKinley Fence Company
Prt.nt'ipal
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Colcotaw,
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`'? 77e OF P\ -r••••
Spring Creek Substation Fence Pagt: 3 of