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HomeMy WebLinkAboutRES2026-009 Harbor Boardwalk RenovationSponsored by: Sorensen CITY OF SEWARD, ALASKA RESOLUTION 2026-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH AK BUILT CONSTRUCTION & DESIGN, LLC FOR THE RENOVATION OF THE BOARDWALK BETWEEN RAY'S AND KENAI FJORD TOURS IN THE AMOUNT OF $147,260 AND APPROPRIATED FUNDS WHEREAS, the City of Seward has access to funds allocated from the Commercial Vessel Tax (CPV) Fund to be used for port facilities, harbor infrastructure, and other services provided to the commercial passenger vessels and the passengers onboard those vessels; and WHEREAS, it was determined this section of boardwalk needed repair as it is heavily used during the busy summer months by both visitors and locals; and WHEREAS, an RFP was issued on November 14, 2025, requesting proposals from qualified contractors to renovate or replace this section of boardwalk; and WHEREAS, we had three qualified proposals by December 16, 2025, submission deadline which were evaluated and scored by a committee; and WHEREAS, on December 23, 2025, it was determined that AK Built Construction & Design, LLC proposal in the amount of $147,260 was the best value to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA: Section 1. The City Council hereby authorizes the City Manager to enter into an agreement with AK Built Construction and Design, LLC in the amount of $147,260.00, for the 2025 Seward Harbor Boardwalk Renovation/Replacement Project Phase 1. Section 2. Funding in the amount of $147,260 is hereby transferred and appropriated on the Harbor CPV KPB Fund 11113-0000-8101. Section 3. This resolution shall take effect immediately upon its adoption. APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA THIS 26TH DAY OF JANUARY 2026. saz 7/Pkeizeiu, Sue McClure, Mayor CITY OF SEWARD, ALASKA RESOLUTION 2026-009 Page 2 of 2 AYES: Calhoon, Osenga, Warner, Draper, Barnwell, Crites, McClure NOES: None ABSENT: None ABSTAIN: None ATTEST: Ps , c A _ Kris Peck, City Clerk Meeting Date: To: Through: From: Subject: City Council Agenda Statement January 26, 2026 City Council Kat Sorensen, City Manager Tony Sieminski, Harbormaster Resolution 2026-009: Authorizing the City Manager to Enter into Agreement with AK Built Construction & Design, LLC for the Renovation of Boardwalk Between Ray's and Kenai Fjord Tours in the Amount of $147,260 Background and justification: The City of Seward has access to the Commercial Passenger Fee (CPV) Fund for port facilities, harbor infrastructure, and other services provided to the commercial passenger vessels and the passengers on board those vessels, which is administered by the Kenai Peninsula Borough. This section of boardwalk was in various stages of rot and decay and is heavily used during the busy summer season by visitors and local alike. It was decided to release an RFP in search of qualified contractors to renovate or replace this section of boardwalk. Our intent is to improve harbor facilities/amenities that will enhance our user's experience. A committee evaluated and scored three separate proposals based on the criteria of Complete Project Proposal, Statement of Qualifications, References, Clarity of Proposal/Amenities and Cost. After the evaluation process it was determined and now recommended by the committee that AK Built & Design, LLC to be the successful proposer to complete the necessary repairs/construction to this section of boardwalk for the cost of $147,260. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.5.1 Maintain a thriving Port and Harbor Strategic Plan: Economic base Other: Total amount of funds listed in this legislation: $ 0 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 $ 147,260.00 Fund Balance Information Affected Fund (✓): General Boat Harbor Motor Pool X Available Fund Balance SMIC Parking Other Electric Water X Yes Wastewater Healthcare Note: amounts are unaudited Finance Director Signature: 5� Attorney Signature: Not applicable Comments: Attorney Review Administration Recommendation X Adopt Resolution Other: Professional Services Agreement with AK Built Construction and Design, LLC for the 2025 Boardwalk Renovation/Replacement Project Phase 1 This AGREEMENT, made and entered into this 1st day of February 2026 by and between the CITY OF SEWARD, a home rule municipal corporation organized under the laws of the State of Alaska, hereinafter referred to as the "City," and AK Built Construction and Design, LLC authorized to do business in Alaska, with offices located at 10421 VFW Drive, Suite 202, Eagle River, Alaska 99577 hereinafter referred to as the "Contractor." WITNESSETH WHEREAS, the City of Seward wishes to enter into a contract with an independent contractor to provide construction services for the design and building of a boardwalk location in Seward, Alaska; and WHEREAS, AK Built Construction and Design, LLC submitted a proposal asserting it is able to perform these services in a professional and timely manner; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1.0 DEFINITIONS 1.1 "Agreement" shall mean this Professional Services Agreement, including: Exhibit A — Bid Proposal Exhibit B — City's request for proposals dated November 13, 2025. 1.2 "Change Order" is an addition to, or reduction of, or other revision approved by the City in the scope, complexity, character, or duration of the services or other provisions of this Agreement. 1.3 "City" shall all mean the City of Seward, Alaska. 1.4 "Contracting Officer" shall mean Tony Sieminski and include any successor or authorized representative. 1.5 "Project" shall mean design and construction of Boardwalk located between Ray's Waterfront and Kenai Fjords Tours in Seward, Alaska and as described in the City's RFP issued November 13, 2025. 2.0 TERM OF AGREEMENT. This Agreement shall take effect upon execution. This Agreement shall remain in full force and effect until the Project has been completed and further, until all claims and disputes have been concluded. The work is considered complete when the City has received and found acceptable the finished product of all work described in 4.0 Scope of Services or changes Professional Servies Agreement — 2025 Harbor Boardwalk Renovation/Replacement Project phase 0 0 thereto. This date is not necessarily the Completion Date as described in 5.0 Completion Date. This Agreement may be amended only in writing and upon compliance with all applicable statutes, ordinances, and regulations. 3.0 FEES. The City agrees to pay Contractor on a lump sum basis in the amount of $147,260.00. The City shall pay, for work completed to the City's satisfaction, within 30 days after receiving each monthly invoice submitted by the Contractor. 4.0 SCOPE OF SERVICES. The City and Contractor have agreed upon a scope of work described in the Contractors Proposal, Exhibit A, to provide professional services based on approved standards and instructions, as described in Exhibit B This Scope of Services can only be changed in writing pursuant to Section 26.0 of this Agreement. 5.0 SCHEDULE FOR COMPLETION. The schedule for completion of all work described herein shall be as follows: May 31, 2026 - fully executed 6.0 PERSONNEL/ORGANIZATION 6.1 Key Personnel. Work and services provided by the Contractor will be performed by: Robert Colles 6.2 Changes in Kev Personnel. The Contractor shall give the City reasonable advance notice of any necessary substitution or change of key personnel and shall submit justification therefore in sufficient detail to permit the City to evaluate the impact of such substitution on this Agreement. No substitutions or other changes shall be made without the written consent of the City. 7.0 STANDARD OF PERFORMANCE. The Contractor agrees to provide all required professional services to complete the project and any additions or changes thereto. The Contractor accepts the relationship of trust and confidence established between it and the City by this Agreement. The Contractor covenants with the City to furnish its best skill and judgment, and to further the interest of the City at all times through efficient business administration and management. The Contractor shall provide all services in a competent manner. It is understood that some of the services to be rendered hereunder required professional judgment and skill. In those cases, the Contractor agrees to adhere to the standards of the applicable profession. 8.0 TIMELINESS OF PERFORMANCE. Time is of the essence in this Agreement. Contractor's failure to meet any such deadlines or required performance may Professional Services Agreement — 2025 Harbor Boardwalk Renovation/Replacement Project Phase 1 Page 2 of 8 r r adversely imperil other contractual obligations of the City. If the Contractor fails to deliver the Boardwalk Project by May 31, 2026 Contractor shall pay as liquidated damages and not as penalty $200.00 per day for each day after May 31, 2026 the Boardwalk Project is not delivered. 9.0 COMPLIANCE WITH LAWS. The Contractor shall be familiar with and at all times comply with and observe all applicable federal, state and local laws, ordinances, rules, regulations, and executive orders, all applicable safety orders, all orders or decrees of administrative agencies, courts, or other legally constituted authorities having jurisdiction or authority over the Contractor, the City, or the service which may be in effect now or during performance of the services. 10.0 INDEMNITY. The Contractor shall indemnify, defend, and hold and save the City, its officers, agents and employees harmless from any claims or liability of any nature or kind including costs and expenses (including attorneys' fees), for or on account of any and all legal actions or claims of any character whatsoever alleged to have resulted from injuries or damages sustained by any person or persons or property (including contract rights or intangible assets) and arising from, or in connection with, performance of this Agreement, and caused in whole or in part by any negligent act or omission of the Contractor; provided, however, that this paragraph shall not be construed so as to require indemnification of the City from such claims, damages, losses, or expenses caused by or resulting from the negligence of the City. 11.0 INSURANCE. The Contractor understands that no City insurance coverage, including Workers' Compensation, are extended to the Contractor while completing the terms of this Agreement. The Contractor shall carry adequate (commercially reasonable coverage levels) insurance covering Workers' Compensation, general public liability, automobile, professional liability, and property damage including a contractual liability endorsement covering the liability created or assumed under this Agreement. The Contractor shall not commence work under this Agreement or any work on any phose of the Project until the Contractor provides the City with certificates of insurance evidencing that all required insurance has been obtained. These insurance policies, and any extension or renewals thereof, must contain the following provisions or endorsements: a. City is an additional insured thereunder as respects liability arising out of or from the work performed by Contractor of City of Seward. b. City will be given thirty (30) days prior notice of cancellation or material alteration of any of the insurance policies specified in the certificate. c. Insurer waives all rights of subrogation against City of Seward and its employees or elected officials. Professional Services Agreement — 2025 Harbor Boardwalk Renovation/Replacement Project Phase 1 Page 3 of 8 0 0 d. The insurance coverage is primary to any comparable liability insurance carried by the City of Seward. Upon request, Contractor shall permit the City to examine any of the insurance policies specified herein. Any deductibles or exclusions in coverage will be assumed by the Contractor, for account of, and at the sole risk of the Contractor. The types of insurance provided by the Contractor shall provide continuously throughout the term of the Agreement a level of protection consistent with good business practice and accepted standard of the industry. 12.0 GOVERNING LAW. The laws of Alaska will determine the interpretation, performance and enforcement of this Agreement. 13.0 OWNERSHIP OF WORK PRODUCTS. Payment to the Contractor for services hereunder include full compensation for all work products and other materials produced by the Contractor and its subcontractors pertaining to this Agreement. The originals of all material prepared or developed by the Contractor or its employees, agents, or representatives hereunder, including documents, drawings, designs, calculations, maps, sketches, notes, reports, data, models, computer tapes, and samples shall become the property of the City when prepared, whether delivered or not, and shall, together with any materials furnished the Contractor and its employees, agents, or representatives by the City hereunder, be delivered to the City upon request and, upon termination or completion of this Agreement. Materials previously created and copyrighted by the Contractor included in this project will remain property of the Contractor. Copies will be made available to the City upon request. Materials purchased from and copyrighted by third parties are not included in this provision. 14.0 PATENTS. TRADEMARKS, AND COPYRIGHTS. The Contractor agrees to defend, indemnify, and save the City harmless from and against any and all claims, costs, royalties, damages and expenses of any kind of nature whatsoever (including attorneys' fees) which may arise out of or result from or be reasonably incurred in contesting any claim that the methods, processes, or acts employed by the Contractor or its employees in connection with the performance of services hereunder infringes or contributes to the infringement of any letter patent, trademark, or copyright. In case such methods, processes, or acts are in suit held to constitute infringement and use is enjoined, the Contractor, within reasonable time and at its own expense, will either secure a suspension of the injunction by procuring for the City a license or otherwise, or replace such method, process, etc., with one of equal efficiency. 15.0 NONWAIVER. No failure of the City or Contractor to insist upon the strict performance by the other of any of the terms of this Agreement or to exercise any right or remedy herein conferred, shall constitute a waiver or relinquishment to any extent of its rights to rely upon such terms or rights on any future Professional Services Agreement — 2025 Harbor Boardwalk Renovation/Replacement Project Phase 1 Page 4 of 8 r r occasion. Each and every term, right, or remedy of this Agreement shall continue in full force and effect. 16.0 SAFETY/PERFORMANCE. The Contractor shall perform the work in a safe and workmanlike manner. The Contractor shall comply with all federal and state statues, ordinances, orders, rules, and regulations pertaining to the protection of workers and the public from injury or damage, and shall take all other reasonable precautions to protect workers and the public from injury or damage. 17.0 SUSPENSION OR TERMINATION. 17.1 Fault Termination or Suspension. This Agreement may be terminated by either party upon ten (10) days written notice if the other party fails substantially to perform in accordance with its terms. If the City terminates this Agreement it will pay the Contractor a sum equal to the percentage of work completed and accepted by the City that can be substantiated by the Contractor and the City, offset by any amounts owed to the City. However, within the ten (10) day Notice of Intent to terminate the party in default shall be given an opportunity to present a plan to correct its failure. 17.2 Convenience Suspension or Termination. The City may at any time terminate or suspend this Agreement for any reason including its own needs or convenience. In the event of a convenience termination or suspension for more than six (6) months, the Contractor will be compensated for authorized services and authorized expenditures performed to the date of receipt of written notice of termination or suspension. No fee or other compensation for the uncompleted portion of the services will be paid, except for already incurred indirect costs which the Contractor can establish and which would have been compensated but because of the termination or suspension would have to be absorbed by the Contractor without further compensation. 17.3 Activities Subsequent to Receipt of Notice of Termination or Suspension. Immediately upon receipt of a Notice of Termination or suspension and except as otherwise directed by the City or its Representative, the Contractor shall: a. stop work performed under this Agreement on the date and to the extent specified in the Notice; and b. transfer title to the City (to the extent that title has not already been transferred) and deliver in the manner, at the times, and to the extent directed by the City's representative, work in progress, completed work, supplies, and other material produced as a part of, or acquired in respect of the performance of the work terminated or suspended by the Notice. Professional Services Agreement — 2025 Harbor Boardwalk Renovation/Replacement Project Phase 1 Page 5 of 8 0 0 18.0 EQUAL EMPLOYMENT OPPORTUNITY. The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, or because of age, physical handicap, sex, martial status, change in marital status, pregnancy, or parenthood when the reasonable demands of the position do not require distinction on the basis of age, physical handicap, sex, marital status, changes in marital status, pregnancy, or parenthood. The Contractor shall take affirmative action required by law to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, national origin, ancestry, age, or marital status. 19.0 NO ASSIGNMENT OR DELEGATION. The Contractor may not assign, subcontract or delegate this Agreement, or any part of it, or any right to any of the money to be paid under it without written consent of the Contracting Officer. 20.0 INDEPENDENT CONTRACTOR. The Contractor shall be an independent contractor in the performance of the work under this Agreement, and shall not be an employee or agent of the City. 21.0 PAYMENT OF TAXES. As a condition of performance of this Agreement, the Contractor shall pay all federal, state and local taxes incurred by the Contractor and shall require their payment by any other persons in the performance of this Agreement. 22.0 PRECEDENCE AND DIVISIBILITY. The provisions of this Agreement shall fully govern the services performed by the Contractor. If any term, condition, or provision of this Agreement is declared void or unenforceable, or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. 23.0 ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties as to the services to be rendered by the Contractor. All previous or concurrent agreements, representations, warranties, promises, and conditions relating to the subject matter of this Agreement are superseded by this Agreement. 24.0 COMPLETION OF WORK, TERM OF AGREEMENT. The Contractor shall perform all work in a timely fashion, and in accordance with the schedules included in this Agreement and Exhibits. 25.0 CLAIMS AND DISPUTES. Venue for all claims and disputes under this Agreement, if not otherwise resolved by the parties, shall be in the appropriate Alaska State court in Anchorage, Alaska. 26.0 CHANGES IN SCOPE OF WORK. 26.1 General. No claim for additional services not specifically provided in this Agreement will be allowed, nor may the Contractor do any work or furnish Professional Services Agreement — 2025 Harbor Boardwalk Renovation/Replacement Project Phase 1 Page 6 of 8 r r any materials not covered by the Agreement unless the work or material is ordered in writing by the Contracting Officer. Preparation of Change Orders and design changes, due to errors and/or omissions by the Contractor, will be done at the sole expense of the Contractor. 26.2 Changes in Scope of Work. The City or its representative may, at any time, by a written Change Order delivered to the Contractor, make changes to the scope of work, or authorize additional work outside the scope of work. 26.3 Compensation to the Contractor. If any Change Order for which compensation is allowed under this Article causes an increase or decrease in the estimated cost of, or time required for, the performance of any part of the work under this Agreement, or if such change otherwise affects other provisions of this Agreement, an equitable adjustment will be negotiated. Such an adjustment may be: a. in the estimated cost or completion schedule, or both; b. in the amount of fee to be paid; and c. in such other provisions of the Agreement as may be affected, and the Agreement shall be modified in writing accordingly. 26.4 Any claim by the Contractor for adjustment under this section must be asserted within fifteen (15) days from the day of receipt by the Contractor of the notification of change; provided, however, that the City or its representative, deciding that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this Agreement. Failure to agree to any adjustment shall be a dispute within the meaning of Section 25.0 of this Agreement. 27.0 LIMITATION OF FUNDS. 27.1 At no time will any provision of this Agreement make the City or its representative liable for payment for performance of work under this Agreement in excess of the amount that has been appropriated by the City Council and obligated for expenditure for purposes of this Agreement. 27.2 Change orders issued pursuant to Section 26 of this Agreement shall not be considered an authorization to the Contractor to exceed the amount allotted in the absence of a statement in the change order, or other modification increasing the amount allotted. 27.3 Nothing in this Section shall affect the right of the City under Section 17 to terminate this Agreement. Professional Services Agreement — 2025 Harbor Boardwalk Renovation/Replacement Project Phase 1 Page 7 of 8 28.0 PRIOR WORK. For the purposes of this Agreement, work done at the request of the City or its representative before execution of this Agreement shall be deemed to be work done after its execution and shall be subject to all the conditions contained herein. 29.0 NOTICES. Any notices, bills, invoices, or reports required by the Agreement shall be sufficient if sent by the parties in the United States mail, postage paid, to the address noted below: City of Seward City Manager P.O. Box 167 Seward, Alaska 99664-0167 IN WITNESS WHEREOF, the parties have executed this Agreement. CITY OF SEWARD By: Kathleen Sorensen By: Title: City Manager Title: Date: Date: 7, ATTEST: Kris Peck, CMC City Clerk (city seal) 1117ces143371f015Agreements\Profcsaional Services Agreement R&M 2013 SyncrolikDoc Professional Services Agreement — 2025 Harbor Boardwalk Renovation/Replacement Project Phase 1 Page 8 of 8