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HomeMy WebLinkAboutRes1991-118 . . . Sponsored by: Schaefermeyer CITY OF SEWARD, ALASKA RESOLUTION NO. 91-118 OF OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY SEWARD, ALASKA, AUTHORIZING THE LIFT AND REPAIR THE MjV TUSTUMENA UNDER THE EMERGENCY PROVISIONS OF THE SYNCROLIFT TARIFF WHEREAS, Seward Ships Chandlery has received a request from the Marine Highway System to repair a leaking seal on the MjV Tustumena's stabilizer; and WHEREAS, Seward Ships Chandlery's cradle assembly will be unavailable due to a commitment to make emergency repairs to Anderson's Barge 210; and WHEREAS, the only other alternative to provide the needed repairs to the Tustumena is to allow the ferry to be lifted and blocked directly on the syncrolift; and WHEREAS, Section 200(f) of the syncrolift tariff prohibits the blocking or repair of vessels on the syncrolift unless the city declares that an emergency situation exists which requires the blocking and repair on the syncrolift for "emergency or other reasons"; and WHEREAS, the harbormaster has determined that the proposed blocking and repair work will only minimally impact the operation of the syncrolift; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. An emergency situation exists which warrants waiving the provisions of Section 200(f) of the syncrolift tariff in order to allow for the lifting and repair of the MjV Tustumena on the syncrolift platform. Section 2. Seward Ships Chandlery is hereby authorized to block the MjV Tustumena on the syncrolift platform to make emergency repairs to the ship'S stabilizer. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 23rd day of September, 1991. -1- . CITY OF SEWARD, ALASKA RESOLUTION NO. 91-118 AYES: NOES: ABSENT: ABSTAIN: ATTEST: THE CITY OF SEWARD, ALASKA C:C<~. <~,r('/~dl~- David L. Hilton, Mayor Burgess, Dunham, Hilton, Krasnansky, Meehan & Sieminski None Simutis None APPROVED AS TO FORM: Perkins Coie, Attorneys for the city of Seward, Alaska . (City Seal) 7~n/~ Fred B. Arvidson City Attorney -2- . CONTRACTUAL AGREEMENT FOR THE READING OF ELECTRICAL AND WATER METERS WITHIN THE CITY OF SEWARD, ALASKA ELECTRICAL SERVICE AREA THIS AGREEMENT, entered into this 11th day of October , 19--2..Q, by and between the City of Seward, a municipal Corporation, organized under and operating pursuant to the laws of the state of Alaska, hereinafter referred to as the "City"; and seward Aluminum Fabrication and Welding hereinafter referred to as the "Contractor", as follows: WHEREAS, said Contractor has, by sealed proposal, offered to service the entire City of Seward's Electrical Service area within a designated time frame in accordance with this Agreement; NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE CITY AND SAID CONTRACTOR, that: 1. The Contract for reading electrical and water meters of businesses and residences of the Seward Electrical Service area is hereby awarded to said Contractor. 2. The Contractor will comply with the terms and provisions of said ordinance and will follow regulations of the City of Seward in connection therewith. e. The Contractor shall report any violation of the City ordinances to the ity Engineer/utilities Manager or his designated authority. 4. The Contractor shall not assign or transfer this contract without prior written consent of the City. 5. The Contractor shall furnish and operate safe equipment. Such equipment and vehicles shall at all times throughout the term of the contract be operated and maintained in proper and safe working order to minimize risk of injury to persons and property. 6. The Contractor shall service all sections of the Seward Electrical Service area on the route and schedule prescribed by the city. 7. The Contractor shall furnish to the City Clerk one Certificate of Insurance, properly executed by a dUly-authorized official of the insurance agent or underwriter (with the stipulation that the City of Seward, as certificate holder, will be given 15 days notice of intent to cancel), evidencing a minimum: (a) not less than $200,000 of bodily injury liability coverage per individual, not less than $500,000 per accident or occurrence, and not less than $100,000 of property damage liability coverage (such certificate of Insurance to clearly indicate that the document of indemnity required pursuant to the provision of the following subparagraph have been incorporated into and made a part of the applicable insurance policy), and 411tb) Workmen's Compensation Insurance in accordance with the laws of Alaska. further, the Contractor shall furnish to the City Clerk an executed document .f indemnity saving the City of Seward harmless against any loss or damage ue to the negligence of the Contractor while the electrical and water meter eading is being performed, naming the City as a named-insured therein. (the executed document of indemnity is attached to this Agreement and is hereby incorporated into a made a part hereof). 8. The Contractor shall furnish to the City Clerk a certificate of Deposit (CD) with a term of one (1) year, in the amount of $1350.00 (accrued interest payable to the Contractor), jointly payable to the City of Seward and the Contractor. 9. The Contractor shall be entitled to receive as compensation for the services rendered in accordance with the Agreement, the fees specifi'2'd herein. A fee of Thirteen Hundred and Fifty Dollars and 00/100 ($ 1350.00) per month based on approximately 2350 electric meters and 40 water meters. Contract fee will be renegotiated when there is a 10% increase or 235 meters. 10. The Contractor shall supply the City an accurate record of performed for billing purposes as designated by the Electric Department. service utility 11. The Contract under this Agreement shall commence on October 11, 1990 and shall run until September 30, 1991 .2. This contract anticipates that 100% of the meters will be accurately ead each month between the 12th and 17th day of the month. If the contractor fails to read all of the meters, submits inaccurate data or fails to complete the reading within the specified time period, for whatever reason, including but not limited to adverse weather conditions, deep snow or personal illness, the City at its discretion may have the meters read by its employees, and the cities cost deducted from the contract payments. However, the contractor will not be responsible to read meters inaccessible due to customers actions such as, but not limited to, locked buildings, failure to remove snow covering the meter, and failure to restrain a vicious animal provided the contractor has made a reasonable effort to read the meter and to contact the customer and has advised the City of the problem. 13. The terms and conditions of this Contractual Agreement may be declared terminated, null and void, at any time by written mutual consent; provided, however, that in the event of such a prior termination hereof, such termination shall take effect not sooner than 90 days after the date of said written mutual consent, unless an earlier day is acceptable to the City. 14. The City may terminate this Agreement at any time if the Contractor defaults in any of its provisions, or if the Contractor fails to provide the services required by this Agreement in a proper and workmanlike manner. 15. The City may at its discretion offer to extend this Contract for an .additional year under the same terms and agreements. If the City makes such n offer, the Contractor will have not more than 30 days to accept or refuse he offer. ~ WITNESS WHEREOF, the parties hereto have executed this Agreement, the ~ity of Seward by its city Manager and city Clerk, as instructed by the City council of the city of Seward, Alaska, at its regular meeting of ~ober 8, 1990 ,with the corporate seal hereunto affixed on the '?: day of ()/~~~ 1910. CONTRACTOR: THE CITY OF SEWARD, ALASKA ~?~'-Z CITY MANAGER ATTEST: APPROVED AS TO FORM: PERKINS COIE, Attorneys for the City of Seward, Alaska urphy "lUJJ.J.j,-,.~. .A'(': Or S F:, ~;<<,,-, r\V .J.. ,,"', 'Y "- .y '" ',' iI 'il1~~~ '" ',' ")J,-"', '. ,'C < ' ,~" "'ll'1f"\.! // (J ,,~'t) Ii'> \ ~ .~ -"'.." ; (C~ty~taNl, '~i ~~. '. ~, :; t A '.,~. ,,";"'r: "'"0.' "'ltoE' 1,'~ +- v' , "" <5';.. ,....' ,,::1 , ~.,. f\\ r ~~' " r or r'V .J ''?)?,', .~-n"~ 7~N~ city Attorney . ATTACHMENT TO THE CONTRACTUAL AGREEMENT FOR THE READING OF THE ELECTRICAL . AND WATER METERS IN THE SEWARD ELECTRICAL SERVICE AREA, SEWARD, ALASKA DOCUMENT OF INDEMNITY Seward Aluminum Fabrication and Welding hereinafter referred to as the "Contractor" shall be responsible from the time of the beginning of the meter reading operations, for all injury or damage of any kind resulting from said operations, to persons or property regardless of who may be the owner of the property. In addition to the liability imposed upon the Contractor on account of personal injury (including death) or property damage suffered through the Contractor I s negligence, which liability is not impaired OJ". otherwise affected hereunder, the Contractor assumes the obligation to save the City of Seward harmless and to indemnify the City of Seward from every expense, liability or payment arising out of or through injury (including death) to any person or persons or damage to property (regardless of who may be the owner of the property) of any place in which work is located, arising out of or suffered through any act or omission of the Contractor, or any Subcontractor, or anyone directly or indirectly employed by or under the supervision of any of them in the prosecution of the operations included in this Contract. IN WITNESS WHEREOF, the parties hereto have executed this agreement, the day 4111rd year first above written. CITY OF SEWARD (owne~ By: ~- , Title: city Manaqer Date: Con By: (Authorized Signature) Title: {)LA-l ,^.flv- c:; Date: / tJ /" /9 D / / . AITEST: APPROVED AS TO FORM PERKINSCOIE,ATIORNEYS FOR THE CIlY OF SEWARD, ALASKA CIlY ATIORNEY STATE OF ALASKA } }SS THIRD JUDICIAL DISTRICT } THIS IS TO CERTIFY that, on this / / day of 0 r ~') ~ Q v-- , 19 iQ., before me, the undersigned, a Notary Public in nd for the State of Alaska, duly commissioned and sworn as such, personally appeared q.... S'c Q. '" ( "",s e B<.A {, lawful agent for , known to and to me kriown to be the person who executed the foregoing . instrument for and on behalf of y L .. , . and who acknowledged that he signed the same freely and voluntarily for the uses and purposes ther in contained. IN WITNESS WHEREOF, I have hereunto set my hand and aftb:ed my Notarial Seal the day and year hereinabove written. .