HomeMy WebLinkAboutRES2024-022 Alaska Harbor ConsultingSponsored by: Sorensen
I CITY OF SEWARD, ALASKA
RESOLUTION 2024-022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH ALASKA HARBOR CONSULTING FOR THE
SECURITY (Z) FLOAT EXPANSION PROJECT IN THE AMOUNT OF
$14,842.00 AND APPROPRIATING FUNDS
WHEREAS, the City of Seward will contract Alaska Harbor Consulting for The
Security (Z) Float Expansion Project. This proposal will include Site Plan, Float Layout,
Quantity Takeoffs, Cost Estimation, RFP Support, Subcontractors, and other direct expenses
for that project in the amount of $14,842.00; and
WHEREAS, Alaska Harbor Consulting was involved in the original design of The
Security (Z) Float and has the necessary experience; and
WHEREAS, Harbor Administration recommends the continuation from the original
plan and design that meets the current needs of our customers and our continued growth and
development in the area; and
I WHEREAS, the expansion will create much needed larger slips, help alleviate waitlist
time on those affected lists, offer utilities, and additional revenue for the Harbor Department;
and
WHEREAS, this project will be funded through State Commercial Passenger Vessel
Fees (CPV) funds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA that:
Section I. The City Council hereby authorized the City manager to enter into
agreements with Alaska Harbor Consulting for the preliminary planning of The Security
(Z) Float Expansion Project in the amount of $14,842.00.
Section 2. Funding in the amount of $14,842.00 is appropriated from the State
Commercial Passenger Vessel Fund (CPV) account no 11103-0000-7009-0120 Contracted
Services Account CPV Harbor Infrastructure.
Section3. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 26th
day of March, 2024.I
CITY OF SEWARD, ALASKA
RESOLUTION 2024-022
Page 2 of 2 I
THE CITY OF SEWARD, ALASKA
Sue McClure, Mayor
Osenga, Calhoon, Barnwell, Crites, McClure
None
Wells, Finch
None
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
SEAL I
Kris Peck
City Clerk
I
(City Seal)
I
i City Council Agenda Statement
Meeting Date: March 26, 2024
To: City Council
Through: Kathleen Sorensen, City Manager
From: Tony Sieminski, Harbormaster
Subject: Resolution 2024-022: Authorizing The City Manager To Enter Into An
Agreement With Alaska Harbor Consulting For The Security (Z) Float
Expansion Project In The Amount Of $14,842.00.
Background and justification:
The City of Seward Harbor Department is seeking to authorize the City Manager to enter an
agreement with Alaska Harbor Consulting for the Z Float West Expansion Project. This proposal will
include Site Plan, Float Layout, Quantity Takeoffs, Cost Estimating, RFP Support, Subcontractors
and Other Direct Expenses for that Project in the amount of 14,842.00.
The Harbor Administration recommends continuing this project from its original plan and design
and progressing forward into the final phase. This Project has continued to be on our Harbor
Development Plan, including the latest update in 2022. It meets the needs of our customers and
continues our future growth and development in the area.
The Expansion will create much-needed larger slips, help alleviate waitlist time on those affected
lists, offer utilities, and add additional Revenue for the City.
This agreement will be funded through the State Commercial Passenger Vessel Fees (CPV) funds.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Plan: 3.5.1 Maintain a thriving port of Seward through harbor improvements,
infrastructure expansion, and implementation of management plans
Strategic Plan: Page 6, Improve and Expand Maritime Facilities
Other: Harbor Development Plan
Certification of Funds
Total amount of funds listed in this legislation: $ 14,842.00
This legislation ():
Creates revenue in the amount of: $
Creates expenditure in amount of: $ 14,842.00
Creates a savings in the amount of: $
Has no fiscal impact
Funds are ():-
Budgeted Line item(s):
Not budgeted
Resolution 2024-022
Not applicable
Fund Balance Information
Affected Fund ()
General SMIC Electric Wastewater
Boat Harbor Parking Water Healthcare
Motor Pool Other CPV
Note: amounts are unaudited
Available Balance $
Finance Director Signature:
Attorney Review
Yes Attorney
Signature:
Not
applicable
Comments:
Administration Recommendation
Adopt
Resolution
Other:
Resolution 2024-022
ALASKA HARBOR CONSULTING, LLC
AGREEMENT BETWEEN OWNER AND ALASKA HARBOR CONSULTING, LLC
PROFESSIONAL SERVICES
THIS IS AN AGREEMENT effective as of March 26, 2024 between the City of Seward and Alaska Harbor Consulting, LLC.
("AHC"). Owner's Project, of which AHC's services under this Agreement are a part, is generally identified as follows:
Seward RTUVW Floats (Z Float Expansion)—Concept Design ("Project").
AHC's services under this Agreement are detailed in the Scope of Services in Appendix 1 attached hereto.
Owner and AHC further agree as follows:
1.1.Basic Agreement and Period of Service
A. AHC shall provide the Services set forth in this Agreement. If authorized by Owner, or if required because of
changes in the Project, AHC shall furnish services in addition to those set forth above ("Additional Services").
B. AHC shall complete its Services within the following specific time period: within six months after contract
execution. If no specific time period is indicated, AHC shall complete its Services within a reasonable period
tifne.
C. If, through no fault of AHC, such periods of time or dates are changed, or the orderly and continuous progress of
AHC's Services is impaired, or AHC's Services are delayed or suspended, then the time for completion of AHC's
Services, and the rates and amounts of AHC's compensation, shall be adjusted equitably.
2.1. Payment Procedures
A. Invoices: AHC shall prepare invoices in accordance with its standard invoicing practices and submit the invoices
to Owner on a monthly basis. Invoices are due and payable within 30 days of receipt. If Owner fails to make any
payment due AHC for Services, Additional Services, and expenses within 30 days after receipt of AHC's invoice,
then (1) the amounts due AHC will be increased at the rate of 1.0% per month (or the maximum rate of interest
permitted by law, if less) from said thirtieth day, and (2) in addition AHC may, after giving seven days written
nobce to Owner, suspend Services under this Agreement until AHC has been paid in full all amounts due for
Services, Additional Services, expenses, and other related charges. Owner waives any and all claims against AHC
for any such suspension.
B. Payment: As compensation for AHC providing or furnishing Services and Additional Services, Owner shall pay
AHC as set forth in Paragraphs 2.1, 2.2, and 2.3. If Owner disputes an invoice, either as to amount or entitlement,
then Owner shall promptly advise AHC in writing of the specific basis for doing so, may withhold only that
portion so disputed, and must pay the undisputed portion.
2.2. Basis of Payment—Hourly Rates Plus Reimbursable Expenses: Owner shall pay AHC for Services as follows:
A. An amount equal to the cumulative hours charged to the Project multiplied by the standard hourly rate(s) for
each employee(s), plus reimbursement of expenses incurred in connection with providing the Services and AHC's
sub-consultants' charges, if any.
B. The total compensation for Services and reimbursable expenses, including subcontractors is estimated to be
$14,842. A breakdown of the Fee Estimate is attached as Appendix 2.
2.3. Additional Services: For Additional Services, Owner shall pay AHC an amount equal to the cumulative hours charged
in providing the Additional Services multiplied by the standard hourly billing rate plus reimbursement of expenses
incurred in connection with providing the Additional Services and AHC's sub-consultants' charges, if any. AHC's
standard hourly billing rate(s) are identified in Appendix 2.
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ALASKA HARBOR CONSULTING, LLC
3.1.Termination
A. The obligation to continue performance under this Agreement may be terminated:
1. For cause,
By either party upon 30 days written notice in the event of substantial failure by the other party
to perform in accordance with the Agreement's terms through no fault of the terminating party.
Failure to pay AFIC for its services is a substantial failure to perform and a basis for termination.
a.
b.By AHC:
1. upon seven days written notice if Owner demands that AHC furnish or perform services
contrary to AHC's responsibilities as a licensed professional; or
2. upon seven days written notice if the AHC's Services are delayed for more than 90 days
for reasons beyond AHC's control,
c. AHC shall have no liability to Owner on account of a termination for cause by AHC.
d. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial
failure under Paragraph 3.1.A.l.a if the party receiving such notice begins, within seven days of
receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure
such failure within no more than 30 days of receipt of notice; provided, however, that if and to
the extent such substantial failure cannot be reasonably cured within such 30 day period, and if
such party has diligently attempted to cure the same and thereafter continues diligently to cure
the same, then the cure period provided for herein shall extend up to, but in no case more than,
60 days after the date of receipt of the notice.
2. For convenience, by Owner effective upon AHC's receipt of written notice from Owner.
B. In the event of any termination under Paragraph 3.1, AHC will be entitled to invoice Owner and to receive full
payment for all Services and Additional Services performed or furnished in accordance with this Agreement, plus
reimbursement of expenses incurred through the effective date of termination in connection with providing the
Services and Additional Services, and AHC's consultants' charges, if any.
4.1. Successors, Assigns, and Beneficiaries
Owner and AHC are hereby bound and the successors, executors, administrators, and legal representatives of
Owner and AHC (and to the extent permitted by Paragraph 4.1.B the assigns of Owner and AHC are hereby
bound to the other party to this Agreement and to the successors, executors, administrators, and legal
representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of
this Agreement.
Neither Owner nor AHC may assign, sublet, or transfer any rights under or interest (including, but without
limitation, money that is due or may become due) in this Agreement without the written consent of the other
party, except to the extent that any assignment, subletting, or transfer is mandated by law. Unless specifically
stated to the contrary in any written consent to an assignment, no assignment will release or discharge the
assignor from any duty or responsibility under this Agreement.
Unless expressly provided otherwise, nothing in this Agreement shall be construed to create, impose, or give rise
to any duty owed by Owner or AHC to any Constructor, other third-party individual or entity, or to any surety for
or employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement will be for the
sole and exclusive benefit of Owner and AHC and not for the benefit of any other party.
A.
B.
C.
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ALASKA HARBOR CONSULTING, LLC
5.1. General Considerations
The standard of care for all professional engineering consulting and related services performed or furnished by
AHC under this Agreement \will be the care and skill ordinarily used by members of the subject profession
practicing under similar circumstances at the same time and in the same locality. AHC makes no warranties,
express or implied, under this Agreement or otherwise, in connection with any services performed or furnished
by AHC. Subject to the foregoing standard of care, AHC and its consultants may use or rely upon design elements
and informabon ordinarily or customarily furnished by others, including, but not limited to, specialty contractors,
manufacturers, suppliers, and the publishers of technical standards.
AHC shall not at any b'me supervise, direct, control, or have authority over any Constructor's work, nor shall AHC
have authority over or be responsible for the means, methods, techniques, sequences, or procedures of
construction selected or used by any Constructor, or the safety precautions and programs incident thereto, for
security or safety at the Project site, nor for any failure of a Constructor to comply with laws and regulabons
applicable to such Constructor's furnishing and performing of its work. AHC shall not be responsible for the acts
or omissions of any Constructor.
AHC neither guarantees the performance of any Constructor nor assumes responsibility for any Constructor's
failure to furnish and perform its work.
AHC's opinions (if any) of probable construcbon cost are to be made on the basis of AHC's experience,
qualifications, and general familiarity with the construction industry. However, because AHC has no control over
the cost of labor, materials, equipment, or services furnished by others, or over contractors' methods of
determining prices, or over competitive bidding or market condibons, AHC cannot and does not guarantee that
proposals, bids, or actual construcbon cost will not vary from opinions of probable construcbon cost prepared by
AHC. If Owner requires greater assurance as to probable construcbon cost, then Owner agrees to obtain an
independent cost esbmate.
AHC shall not be responsible for any decision made regarding the construcbon contract requirements, or any
applicabon, interpretabon, clarificabon, or modificabon of the construcbon contract documents other than
those made by AHC.
All documents prepared or furnished by AHC are instruments of service, and AHC retains an ownership and
property interest (including the copyright and the right of reuse) in such documents, whether or not the Project
is completed. Owner shall have a limited license to use the documents on the Project, extensions of the Project,
and for related uses of the Owner, subject to receipt by AHC of full payment due and owing for all Services and
Addibonal Services relabng to preparabon of the documents and subject to the following limitabons:
Owner acknowledges that such documents are not intended or represented to be suitable for use on the
Project unless completed by AHC, or for use or reuse by Owner or others on extensions of the Project, on
any other project, or for any other use or purpose, without written verificabon or adaptabon by AHC;
Any such use or reuse, or any modificabon of the documents, without written verificabon, complebon,
or adaptabon by AHC, as appropriate for the specific purpose intended, will be at Owner's sole risk and
without liability or legal exposure to AHC or to its officers, directors, members, partners, agents,
employees, and consultants;
Owner shall indemnify and hold harmless AHC and its officers, directors, members, partners, agents,
employees, and consultants from all claims, damages, losses, and expenses, including attorneys' fees,
arising out of or resuibng from any use, reuse, or modificabon of the documents without written
verificabon, complebon, or adaptabon by AHC; and
Such limited license to Owner shall not create any rights in third parbes.
a.
b.
c.
d.
A.
B.
C.
D.
E.
F.
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ALASKA HARBOR CONSULTING, LLC
Owner and AHC may transmit, and shall accept, Project-related correspondence, documents, text, data,
drawings, information, and graphics, in electronic media or digital format, either directly (in person), by email, or
through secure file transfer (FTP or file transfer website), in accordance with a mutually agreeable protocol.
To the fullest extent permitted by law. Owner and AHC (1) waive against each other, and the other's employees,
officers, directors, members, agents, insurers, partners, and consultants, any and all claims for or entitlement to
special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to this
Agreement or the Project, and (2) agree that AHC's total liability to Owner under this Agreement shall be limited
to the total amount of compensation received by AHC under this agreement.
The parbes acknowledge that AHC's Services do not include any services related to unknown or undisclosed
Consbtuents of Concern. If AHC or any other party encounters, uncovers, or reveals an unknown or undisclosed
Consbtuent of Concern, then AHC may, at its option and without liability for consequential or any other
damages, suspend performance of Services on the portion of the Project affected thereby unb'l such portion of
the Project is no longer affected, or terminate this Agreement for cause if it is not pracbcal to continue providing
Services.
Owner and AHC agree to negotiate each dispute between them in good faith during the 30 days after notice of
dispute. If negotiations are unsuccessful in resolving the dispute, then the dispute shall be mediated. If
mediation is unsuccessful, then the parties may exercise their rights at law.
This Agreement is to be governed by the law of the state of Alaska in which the Project is located.
AHC's Services and Additional Services do not include: (1) serving as a "municipal advisor" for purposes of the
registration requirements of Section 975 of the Dodd-Frank Wall Street Reform and Consumer Protection Act
(2010) or the municipal advisor registrabon rules issued by the Securibes and Exchange Commission; (2) advising
Owner, or any municipal enbty or other person or enbty, regarding municipal fi nancial products or the issuance
of municipal securibes, including advice with respect to the structure, bming, terms, or other similar matters
concerning such products or issuances; (3) providing surety bonding or insurance-related advice,
recommendabons, counseling, or research, or enforcement of construcbon insurance or surety bonding
requirements; or (4) providing legal advice or representabon.
G.
H.
I.
J.
K.
L.
6.1.Total Agreement: This Agreement (including any expressly incorporated attachments), consbtutes the enbre
agreement between Owner and AHC and supersedes all prior written or oral understandings. This Agreement may
only be amended, supplemented, modified, or canceled by a duly executed written instrument.
7.1. Definitions
A. Constructor—Any person or enbty (not including the AHC, its employees, agents, representabves, and
consultants), performing or supporbng construcbon acbvibes relabng to the Project, including but not limited to
contractors, subcontractors, fabricators, suppliers, Owner's workforces, ubiity companies, construcbon
managers, tesbng fi rms, shippers, and truckers, and the employees, agents, and representabves of any or all of
them.
B. Consbtuent of Concern—Asbestos, petroleum, radioacbve material, polychlorinated biphenyls (PCBs), hazardous
waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed,
regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensabon and Liability
Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); (b) the Hazardous Materials Transportabon Act, 49 U.S.C. §§5101 et
seq.; (c) the Resource Conservabon and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); (d) the Toxic Substances
Control Act, 15 U.S.C. §§2601 Page 6 of 6 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the
Clean Air Act, 42 U.S.C. §§7401 et seq.; or (g) any other federal. State, or local statute, law, rule, regulabon.
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ALASKA HARBOR CONSULTING, LLC
ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct
concerning, any hazardous, toxic, or dangerous waste, substance, or material.
Attachments:
Appendix 1: Scope of Services
Appendix 2: Fee Estimate
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date as indicated on page 1.
AHC: Alaska Harbor Consulb'ng, LLCOwner: CitynfSeward
Signatuce:
Signature:
Printed Name: Kimberly Nielsen, PETintede: Kat Sorensen
Title: Owner/Sr. Waterfront EngineerTitle: City Manager
Date: 3/4/24Date: March 27, 2024
Owner Address for Billing & Receipt of Notices:
City of Seward
Po Box 167
Seward, AK 99664
Address for AHC:
c/o Kim Nielsen
Alaska Harbor Consulting
6601 Marquez Circle
Anchorage, AK 99516
ATTEST
SEAL •nKRIS PECK
CITY CLERK
t
*• 1/5- / '
#.
4.
Page 5 of 7
ALASKA HARBOR CONSULTING, LLC
Appendix 1
Scope of Services
Alaska Harbor Consultants, LLC is pleased to submit this proposal for providing the City with Concept Design Plan and
Construcbon Cost Esbmate for RTUVW Floats (Z Float Expansion) project.
The proposed scope of work includes the following tasks:
Concept Design Drawings and Budgetary Construction Cost Estimate:1.
• Drawings: AHC will work from previous designs developed prior to the Z Float design/construcbon project as
shown in the 2012 As-Built drawings. The CAD drawing will be updated to detail the new R, T, U, V, and W Floats that
are desired to accommodated addibonal vessel berthing in this area. Float sizes, navigation clearances and vessel
slips will be dimensioned and ubiities services identified in sufficient detail to allow quantities take-offs for cost
esbmabng purposes.
• Budgetary Cost Esbmate: Construcbon cost esbmates will be developed based on the concept design float layout.
Esbmates will include appropriate fi eld invesbgabon, permitting, and design costs in addibon to construcbon costs,
as well as a sufficient conbngency as appropriate for the preliminary level of design complebon. The purpose will be
to represent sufficient budget to use for securing project funding.
Design Criteria & Performance Specificabons: Design Criteria and Performance Specificabons will be developed to
accompany the concept design completed in Task 1, above. These will be in sufficient detail to support a design-build
or similar type Request for Proposal solicitabon. In addibon, we will gather exisbng documentabon on historical
survey and geotechnical studies that have been completed in the past and would be included in any RFP solicitabon.
A site visit to confirm exisbng condibons is not anbcipated. In lieu of that, we expect to rely on photographs and
informabon provided by the City personnel.
Environmental permitting is not included, although this is recommended as soon as possible to limit any delays associated
with this process. We can assist with inibal agency consultabon to idenbfy permitting needs, however.
The above scope of work will be completed on a bme and materials basis as detailed in the agreement. The total esbmated
fee is detailed in the attached fee esbmate spreadsheet.
2.
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ALASKA HARBOR CONSULTING, LLC
Appendix 2
Fee Estimate & Engineer’s Standard Hourly Billing Rate
Standard Hourly Rates are set forth in this Appendix and include salaries and wages paid to personnel plus the cost of
customary and statutory benefits, general and administrative overhead, non-project operating costs, and operating
margin or profit.
The Standard Hourly Rates apply only as specified in Paragraphs 2.1, 2.2, and 2.3, and are subject to annual review and
adjustment.
Total Project Fee Estimate, attached hereto, includes an esb'mate of the total hours spent on each of the listed tasks
b'mes the standard hourly rates plus the cost of direct expenses incurred. A description of assumpb'ons is included in the
fee esb'mate and the scope of services (Appendix 1).
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