HomeMy WebLinkAboutRES2025-026 Premier Porta PottiesSponsored by: Sorensen
CITY OF SEWARD, ALASKA
RESOLUTION 2025-026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A
SERVICE AGREEMENT WITH PREMIER CONSTRUCTION LLC FOR
PORTABLE TOILET SERVICES IN THE AMOUNT OF $54,564.73 WITH
A 10% CONTINGENCY AND APPROPRIATING FUNDS
WHEREAS, portable toilet services are imperative for the summer season to
accommodate the thousands of visitors to Seward; and
WHEREAS, Parks and Recreation sent out an invitation to bid for portable toilet services
at city -owned campgrounds and parks; and
WHEREAS, no bids were received; and
WHEREAS, the Director of Parks and Recreation reached out to a local company, Premier
Construction, to inquire if these services were within the scope of work they could provide; and
WHEREAS, Premier Construction LLC provided a quote. for portable toilet services from
April 1 to September 30 in the amount of $54,564.73 annually; and
WHEREAS, Premier Construction LLC's proposal is within our yearly budget and meets
our needs for portable toilet services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The City Council hereby authorizes the City Manager to enter into a two-year
agreement with Premier Construction LLC to provide portable toilet services.
Section 2. Funding in the amount of $60,021.20 is hereby transferred and appropriated,
included on the FY25/26 Operating Budget, from the contracted services expense account 01000-
1411-7009.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska this 10th
day of March 2025.
CITY OF SEWARD, ALASKA
RESOLUTION 2025-026
Page 2 of 2
THE CITY OF SEWARD, ALASKA
Jo{ sa, Vice Mayor
AYES: Warner, Wells, Barnwell, Crites, Finch, Osenga
NOES: None
ABSENT: McClure
ABSTAIN: None
ATTEST:
Kris Peck
City Clerk
(City Seal)
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City Council Agenda Statement
Meeting Date: March 10, 2025
To: City Council
Through: Kat Sorensen, City Manager
From: Melanie Hauze, Parks and Recreation Director
Subject: Resolution 2025-026: Authorizing the City Manager to Enter into a
Service Agreement with Premier Construction LLC for Portable Toilet
Services in the Amount of $54,564.73 with a 10% Contingency and
Appropriating Funds
Background and justification:
The Parks and Recreation Department have the responsibility of providing portable toilets in
city -owned campgrounds, day use areas, and for large-scale community events during the spring
and summer
Parks and Recreation sent out a public notice announcement on January 17, 2025, seeking bids
for portable toilet services. Parks and Recreation contacted portable toilet service companies in
Alaska. Bid documents were made available to five prospective companies. The invitation to
bid did not produce any bidders.
Premier Construction LLC was contacted and after email correspondence they presented a quote
in the price range that was satisfactory for our service needs and budgeted amount. Premier
Construction LLC is prepared to provide quality portable toilet service from April 1 to
September 30 for the years of 2025 and 2026 in the amount of $54,564.73 for each year with a
10% contingency which aligns with our historical budgeted price range.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Plan:
Strategic Plan:
Other:
Certification of Funds
Total amount of funds listed in this legislation: $ $54,564.73 plus 10% contingency
This legislation:
Creates revenue in the amount of:
Creates expenditure in amount of:
Creates a savings in the amount of:
Has no fiscal impact
X
$
$ $54,0564.73 plus 10% contingency
$
Funds are:
Budgeted Line item(s): 01000-1411-7009
X
Not budgeted
Not applicable
Fund Balance Information
Affected Fund:
X
General
Boat Harbor
Motor Pool
Available Fund Balance
SMIC
Parking
Other
Electric
Water
X
Yes
Wastewater
Healthcare
Note: amounts are unaudited
Finance Director Signature:
Attorney Review
Attorney Signature:
Not applicable Comments:
c5a, 9"""
Administration Recommendation
X
Adopt Resolution
Other:
CITY OF SEWARD
P.O. BOX 167
SEWARD, ALASKA 99664-0167
AGREEMENT TO PROVIDE SERVICES
• Main Office: (907) 224-4050
• Police: (907) 224-3338
• Harbor: (907) 224-3138
• Fire: 9907) 224-3446
• City Clerk: (907) 224-4045
• Engineering: (907) 224-4049
• Utilities: (907) 224-4050
• Fax: (907) 224-4038
Premier Construction LLC (Contractor) and the City of Seward -Parks and Recreation (City) department,
agree the scope of work will be performed in accordance with the following conditions:
1. Scope of Work:
The scope of work entitled, "Portable toilet services", is described in Exhibit A attached hereto and by
reference incorporated here. It is distinctly understood and agreed that no claim for additional work or
materials, done or furnished by the Contractor and not specifically herein provided for, will be allowed
by the City, nor shall the Contractor do any work or furnish any material not covered by this Contract,
unless such work or materials is ordered in writing by the City. In no event shall the City be liable for any
materials 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 furnished by the City. 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.
2. Period of Performance:
The effective date of this contract shall be April 1, 2025 and shall terminate September 30, 2026. Upon
conclusion of the year 2025, both parties involved have the option to renegotiate particular terms of this
agreement. Topics available for renegotiation will be;
3. Compensation:
The City of Seward will compensate Premier Construction LLC, for the work described in Paragraph 1,
exhibit A. Compensation will not exceed $54,564.73 per year, billed monthly. Invoices will be submitted
each month and will itemize costs as detailed in the project budget (attached as Exhibit B). The City of
Seward agrees to pay all of Premier Construction LLC's invoices within (30) business days of receipt of
invoice.
4. Venue and Applicable Law:
Any civil action arising from this Agreement shall be brought in the state courts of Alaska in Anchorage,
Alaska. The laws of the State of Alaska shall govern the rights and duties of the parties under this
agreement.
5. Insurance
Contractor must maintain insurance according to the following requirements at all times.
Coverage must contain worker's compensation (AS 23.30.45), Commercial General Liability
Insurance (minimum $1,000,000), Motor Vehicle Liability (minimum $1,000,000), and/or other
forms required by law. The Certificate of Insurance must contain the stipulation that the City
shall be given not less than 30 days written notice in the event of any material change,
cancellation or expiration of the insurance coverage listed.
CITY OF SEWARD
P.O. BOX 167
SEWARD, ALASKA 99664-0167
• Main Office: (907) 224-4050
• Police: (907) 224-3338
• Harbor: (907) 224-3138
• Fire: 9907) 224-3446
• City Clerk: (907) 224-4045
• Engineering: (907) 224-4049
• Utilities: (907) 224-4050
• Fax: (907) 224-4038
Contractor must furnish a certificate of insurance upon request. Failure to furnish
satisfactory evidence of insurance or lapse of policy is a material breach of the contract
and grounds for termination of this Agreement or Contract.
6. Required Licenses and Registration
The Service provider and their subcontractors must be properly licensed and registered in the
State of Alaska to perform the work. A current business license is required from the State of
Alaska and City of Seward., along with the Kenai Peninsula Borough Tax Compliance
Certification.
7. Termination of Agreement:
When it is in the City's best interest, City may unilaterally cancel this Agreement at any time
whether or not Contractor is in default of any of its obligations hereunder. With any such
cancellation, Contractor agrees to waive any claim for damages, including loss of anticipated
profit on account hereof. However, the City agrees that Contractor shall be paid for items and/
or services already accepted by City, but in no event shall the City be liable for any loss of profits
on the order or portion thereof so terminated. Either party may terminate this Agreement or
Contract at any time for the failure of the other to comply with any of its material terms and
conditions. Contractor recognizes that the City is a government entity and that payment
obligation is subject to yearly appropriations by the City's governing body and that if funds are
not appropriated, this Agreement or Contract will terminate without penalty to either party.
Liability and Indemnity: To the fullest extent permitted by law, the Contractor shall defend,
indemnify and hold harmless the City, its officers, and employees from and against any and all
loss, expense, damage, claim, demand, judgment, fine, charge, lien, liability, action, cause of
action, or proceedings of any kind whatsoever (whether arising on account of damage to or loss
of property, or personal injury, emotional distress or death) arising directly or indirectly in
connection with the performance or activities of the Contractor hereunder, whether the same
arises before or after completion of the Contractor's operations or expiration of this Agreement
or Contract, except for damage, loss or injury resulting from the City's gross negligence or willful
misconduct solely.
8. Entire agreement:
This Agreement is the entire Agreement between the parties, and it supersedes all prior agreements,
discussion, or understandings, written or oral.
9. Modifications:
The parties may modify or amend this Agreement only in a document signed by the authorized
representatives of both parties.
CITY OF SEWARD
P.O. BOX 167
SEWARD, ALASKA 99664-0167
10. Contact Persons and Notices:
Andy Loertscher
Premier Construction LLC
PO Box 2572
Seward, AK 99664
907-617-4266
Premierconstructionak@gmail.com
Kat Sorensen
City Manager
City of Seward -PO Box 167
Seward, AK 99664
907-224-4012
ksorensen@cityofseward.net
• Main Office: (907) 224-4050
• Police: (907) 224-3338
• Harbor: (907) 224-3138
• Fire: 9907) 224-3446
• City Clerk: (907) 224-4045
• Engineering: (907) 224-4049
• Utilities: (907) 224-4050
• Fax: (907) 224-4038
By signing below, the parties certify that they have authority to bind agencies to the terms and
conditions of this Agreement
SIGNED SIGNED
Premier Construction LLC City of Seward- City Manager
AndyLo r s e • Owner Kat Sorensen
Date: 2/25/2025
Date:
ATTEST
X
Kris Peck; City Clerk