HomeMy WebLinkAbout07272010 City Council Packet Seward City Council
Agenda Packet
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Special CCouncil Meeting
July 27, 2010
City Council Chambers Beginning at 5:15 p.m.
The City of Seward, Alaska
Special City Council Meeting
July 27, 2010 5:15 p.m. Council Chambers
Willard E. Dunham 1. Call to order
Mayor 2. Pledge of allegiance
Term Expires 2011 3. Roll call
4. Citizens' comments on any subject except those items
Jean Bardarson scheduled for public hearing. [Those who have signed in
Vice Mayor will be given the first opportunity to speak. Time is limited to
Term Expires 2010 2 minutes per speaker and 30 minutes total time for this
agenda item.]
Robert Valdatta
Council Member 5. Approval of agenda
Term Expires 2011
6. New Business
Tom Smith
Council Member Resolution 2010 -071, Approving A Contract With West
Term Expires 2011 Construction Company, Inc., Utilizing A Federal Procurement
Process Bid, For Production Of Rock For The North Forest Acres
Vanta Shafer Levee/Road Construction, And Appropriating Funds.
Council Member
Term Expires 2011 7. Council comment
Marianna Keil 8. Citizens' comments
Council Member
Term Expires 2010 9. Council and administration response to citizens' comments
Linda Amberg 10. Adjournment
Council Member
Term Expires 2010
Phillip Oates
City Manager
Jean Lewis
City Clerk
Cheryl Brooking
City Attorney
City of Seward, Alaska Council Agenda
July 27, 2010
SPECIAL MEETING REQUEST
Pursuant to Seward City Code 2.10.030 (2), this is to serve as
the written notice calling a Special Council Meeting on July 27,
2010 at 5:15 p.m. for the purpose of:
Resolution 2010 -071, Approving A Contract With West Construction
Company, Inc., Utilizing A Federal Procurement Process Bid, For
Production Of Rock For The North Forest Acres Levee/Road Construction,
And Appropriating Funds.
Signed this 23 day of July, 2010.
Mayor City - Manager
2 Council Members
Upon this request the City Clerk will give due and proper
notice as required by SCC 2.10.032
(No business shall be transacted other than stated above.)
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NOTICE OF 1''
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SPECIAL MEETING
NOTICE IS HEREBY GIVEN that the Seward City Council will meet in a special meeting
on July 27, 2010, beginning at 5:15 pm, for the purpose of:
Resolution 2010 -071, Approving A Contract With West Construction Company, Inc.,
Utilizing A Federal Procurement Process Bid, For Production Of Rock For The North
Forest Acres Levee/Road Construction, And Appropriating Funds.
The meeting will be conducted in City Council Chambers, City Hall, 410 Adams Street,
Seward. All interested persons are invited to attend.
JOHANNA DOLLERHIDE
DEPUTY CITY CLERK
POSTED: 07/23/10 at 5:00 p.m.
City Hall bulletin board
U.S. Post Office
Harbormaster's Building
Sponsored by: Oates
CITY OF SEWARD, ALASKA
RESOLUTION 2010 -071
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, APPROVING A CONTRACT WITH WEST CONSTRUCTION
COMPANY, INC., UTILIZING A FEDERAL PROCUREMENT PROCESS
BID, FOR PRODUCTION OF ROCK FOR THE NORTH FOREST ACRES
LEVEE/ROAD CONSTRUCTION, AND APPROPRIATING FUNDS
WHEREAS, the City of Seward has been pursuing construction of the North Forest Acres
levee /road for approximately ten years, as one of the community's primary flood mitigation measures
aimed at protecting private and public property repeatedly subject to costly flood events over the past
three decades; and
WHEREAS, a federal grant for construction of the levee /road is set to expire September 30,
2010 unless the City can demonstrate meaningful progress on the construction component of the
project, demonstrated by expenditure of funds related to the construction of the project; and
WHEREAS, West Construction Company, Inc. (West) is currently mobilized in Seward and
operating in the City's quarry to produce rock for the harbor breakwater project which is being
managed by the U.S. Army Corps of Engineers (USACE); and
WHEREAS, West's contract with USACE was the result of a competitive procurement
process, and West has agreed to provide class II rip rap and cobbles to the City of Seward according
to the required specifications, at a price less than or equal to that offered to the USACE, since they
are already mobilized in Seward; and
WHEREAS, Seward City Code 6.10.120(10)(b) authorizes the City of Seward to utilize
competitive bids obtained by other governmental units, and West Construction Company, Inc.
participated in an extensive request for proposals process with the USACE when awarded the
contract related to the harbor breakwater project, and West has agreed to provide services to the City
at the same or lower rate than that competitive bid price offered to the USACE which is a rate
substantially lower than what the City would expect to obtain if submitting their own request for
proposals, due to the costs involved in mobilization and demobilization to the site.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that:
Section 1. The City Manager is hereby authorized to enter into a contract for the production,
sorting and classification of rock with West Construction Company, Inc. in an amount not to exceed
$175,056.75, which includes the base contract price of $159,142.50 plus a 10% contingency.
Section 2. The above recitals are incorporated herein and the Seward City Council hereby
finds that the public interest is best served by authorizing this contract in accordance with SCC
CITY OF SEWARD, ALASKA
RESOLUTION 2010 -071
6.10.130 and based on the USACE competitive procurement process, as authorized by SCC
6.10.120(B).
Section 3. Funding in the amount of $175,056.75 is hereby appropriated from the NRCS
federal grant fund account no. 666 - 6663 -3050 to contracted services account no. 666 - 6663 -3050.
Section 4. This resolution shall take affect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, July 27, 2009.
THE CITY OF SEWARD, ALASKA
Williard E. Dunham, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Jean Lewis
City Clerk
(City Seal)
Council Agenda Statement
Meeting Date: July 27, 2010 I. of sew
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To: Phillip Oates, City Manager o 4
From: Kristin Erchinger, Finance Director gtASK
Agenda Item: West Construction Company, Inc. contract to produce rip rap and cobbles for
N. Forest Acres levee /road construction project
BACKGROUND & JUSTIFICATION:
After more than ten years, the City of Seward has begun the construction -phase of the North Forest
Acres Levee /Road project. We have completed installation of two power poles (with replacement of
other poles to follow), and are now prepared to begin the construction process.
West Construction Company, Inc. (West) is currently operating in the City's quarry to produce rock
for the U.S. Army Corps of Engineers (USACE) as part of the project to construct the harbor
breakwater. The USACE's contract with West is the result of a competitive procurement process.
The Seward City Code authorizes the City to utilize competitive bids received from other
governmental entities. West has agreed to provide class II rip rap and cobbles to the City of Seward
in accordance with the required project specifications, at a price less than or equal to the price offered
to the USACE as a result of the competitive bidding process. The City's cost savings is due in large
part, to the fact that the contractor is already mobilized and operating within the quarry.
The City currently has a federal grant from the National Resource Conservation Service (NRCS)
which is slated to expire September 30, 2010, unless the City can demonstrate substantial progress on
construction of the levee /road. Due to the length of time it has taken to finalize property acquisition
for the project, construction has been delayed, and it is unlikely that the City could get a contractor to
accomplish enough of a construction effort before the deadline, to satisfy the granting agency.
Therefore, the administration supports the City's separate contract for producing rock, in order to
expedite the acquisition and achieve significant cost savings. West is prepared to begin production of
rock immediately.
INTENT:
Immediately procure contract to produce class II rip rap and cobbles for N. Forest Acres Levee/Road
Project, to ensure availability of remaining federal grant funding.
CONSISTENCY CHECKLIST:
Where applicable, this resolution /ordinance is consistent with the Seward City Code, Charter,
Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures.
FISCAL NOTE: i ` __ briAN e t No .
Funding for this project will come from the federal grant funds administered by the National Resource
Conservation Service. Approved by Finance Department: ,91 ) , 6u;/ct.. lit
RECOMMENDATION:
City Council approve a contract with West Construction Company, Inc. and appropriate funds for
production of rock for the N. Forest Acres Levee /Road Project.
ROCK AGREEMENT BETWEEN THE CITY OF SEWARD AND
WEST CONSTRUCTION COMPANY, INC.
This Agreement ( "Agreement ") is entered into by and between the City of
Seward, Alaska ( "City ") whose address is P.O. Box 167, Seward, Alaska 99664, and
West Construction Company, Inc. (the "Contractor" or "West "), whose address is 6120
A. Street, Anchorage, Alaska 99518, (collectively, the "Parties').
RECITALS
A. WHEREAS, the Contractor has entered into a contract with a third party,
the U.S. Army Corps of Engineers ( "USACE ") to produce rock for the Seward Port
Dredging Project, which is being funded through grants being administered through the
City of Seward; and
B. WHEREAS, Contractor's contract with the USACE was the result of a
competitive bid procurement process, and said Contractor has agreed to provide class II
rip rap and cobbles to the City of Seward according to required specifications, at a price
less than or equal to the price offered to the USACE, since the Contractor is currently
mobilized in Seward; and
C. WHEREAS, Contractor has further agreed to complete the project by
August 31, 2010, making project costs eligible for reimbursement under existing City
grant funds.
NOW, THEREFORE, in consideration of the foregoing, and of the mutual
covenants and conditions herein contained, the Parties agree as follows:
CONTRACT PROVISIONS
1. Contractor hereby agrees to provide class II rip rap and cobbles to the City
of Seward at prices less than or equal to those offered to USACE on the Seward Port
Dredging Project, according to the attached "Scope of Work ".
2. Contractor hereby commits to providing all work they perform under this
Agreement, within the quoted price.
3. Contractor hereby agrees to produce, sort, and classify the required rock
by August 31, 2010 based on the attached "Scope of Work ".
4. The City of Seward hereby agrees to pay Contractor within 30 days of
receipt of invoice for all completed work, provided the Parties are in agreement on the
portion of work completed. The total project cost will not exceed $159,142.50, without
written authorization in the form of a change order.
5. Parties hereby agree that any surplus material resulting from the sorting
and classification process will remain in the quarry for use by the City.
Page 1
ROCK AGREEMENT BETWEEN CITY OF SEWARD, ALASKA AND WEST CONSTRUCTION COMPANY, INC.
6. This Agreement may be executed in any number of counterparts and by
each party on a separate counterpart or counterparts, each of which when so executed
and delivered shall be deemed an original and all of which taken together shall
constitute but one and the same instrument.
ADDITIONAL PROVISIONS
1. Contracting Officer: The Contracting Officer and the only person authorized
by the City to administer, modify, or change this Agreement is the City
Manager or his designee.
2. Term of Work. The Contractor is authorized to commence work immediately.
This Agreement shall become effective when the last required signature is
affixed hereto, and shall continue in full force and effect through the earlier of
September 30, 2010, or 60 days following approval of the Resolution
authorizing this Agreement.
3. Insurance. The Contractor shall provide workers' compensation insurance at
statutory limits, general liability and contractual liability insurance in the
amount of Two Million Dollars ($2,000,000) total and One Million Dollars
($1,000,000) per occurrence, and comprehensive automobile liability
insurance (covering bodily injury and property damage including all owned,
hired, and non -owned vehicles) in the amount of One Million Dollars
($1,000,000) per occurrence, with the City as an additional named insured.
The Contractor shall provide certificates documenting all required insurance
to the City prior to execution of this Agreement. Such insurance must provide
that City shall be given Thirty (30) days' notice prior to any cancellation,
termination, or non - renewal of the policy.
4. Indemnification. The Contractor agrees to indemnify, defend, and hold
harmless the City (including its employees, officers, and agents) from any and
all claims, liabilities, causes of action, and demands, of any character or
nature whatsoever, arising in favor of third parties and arising out of or
relating to this Agreement or the performance of any Work or obligations
hereunder.
5. No Assignment. The Contractor may not assign its rights and benefits under
this Agreement without the express prior written consent of the City.
6. Amendment. This Agreement may be amended, modified, or extended at
any time by mutual agreement of the Parties. Any such amendment must be
in writing, dated, signed by the Parties, as attached hereto.
7. Choice of Law and Venue. The Parties agree that this Agreement shall be
governed by the laws of the State of Alaska, and venue for any dispute shall
be in Anchorage, Alaska.
Page 2
ROCK AGREEMENT BETWEEN CITY OF SEWARD, ALASKA AND WEST CONSTRUCTION COMPANY, INC.
8. Entire Agreement. This Agreement contains the entire understanding and
agreement between the Parties with respect to this matter. There are no
other written or oral understandings or promises between the Parties with
respect to the subject matter of this Agreement other than those contained
herein, and any prior oral or written understandings are hereby extinguished.
9. No Waiver. The failure of either party to this Agreement to insist upon the
performance of any of the terms and conditions of this Agreement, or the
waiver of any breach of any of the terms and conditions of this Agreement,
shall not be construed as thereafter waiving any such terms or conditions, but
the same shall continue and remain in full force and effect as if no such
forbearance or waiver had occurred.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
and delivered by their respective representatives, thereunto duly authorized.
CITY: CONTRACTOR:
CITY OF SEWARD, ALASKA WEST CONSTRUCTION COMPANY, INC.
BY BY
Phillip Oates, City Manager Its
ATTEST:
Jean Lewis
City Clerk, CM
BY
Its
Page 3
ROCK AGREEMENT BETWEEN CITY OF SEWARD, ALASKA AND WEST CONSTRUCTION COMPANY, INC.
ATTACHMENT "A"
SCOPE OF WORK
RIP RAP:
Contractor will produce and provide 2,675 cubic yards of Class II rip rap.
This is defined as no more than ten percent (10 %) of the stones by total weight shall weigh more than four hundred (400) pounds per piece
and no more than fifteen percent (15 %) by weight of the stones shall weigh less than twenty -five (25) pounds per piece. The stones shall be
evenly graded and a minimum of fifty percent (50 %) by weight of the stones shall weigh two hundred (200) pounds or more per piece.
Total: 2,675 cubic yard at $35.10 per cubic yard = $93,892.50
COBBLES:
Contractor will produce and provide 2,175 cubic yards of Cobbles.
This is defined according to the following table:
Cumulative % Passing by Weight
12" 100
8" 50 -80
6" 25 -50
3" 0 -25
2" 0 -10
#200 0 -1
Total: 2,175 cubic yards at $30.00 per cubic yard = $65.250.00
Total Project = $159,142.50
Page 4
ROCK AGREEMENT BETWEEN CITY OF SEWARD, ALASKA AND WEST CONSTRUCTION COMPANY, INC.
August 2010 August 2010 September 2010
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Nanci Richey 1 7/26/2010 2:41 PM