HomeMy WebLinkAboutRes2015-039 Sponsored by: Hunt
CITY OF SEWARD,ALASKA
RESOLUTION 2015-039
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH SOUTHCENTRAL CONSTRUCTION INC. FOR AN
AMOUNT NOT TO EXCEED $4,658,210 FOR CONSTRUCTION OF THE
NORTH SEWARD WATER STORAGE TANK&PUMPING FACILITY AND
APPROPRIATING FUNDS
WHEREAS, funding in the amount of$4,499,999.99 has been secured for construction of
the North Seward Water Storage Tank&Pumping Facility; and
WHEREAS,the combined reserves of the Water Enterprise Fund and the Major Repair and
Replacement funds total approximately$2,375,000 and can be utilized to cover project shortfalls or
additional costs incurred by the public works department for project design and engineering, bid
support, grant administration fees and up to a 5% contingency that may be needed for the North
Seward Water Storage Tank and Pumping Facility project; and
WHEREAS, the City and its engineer, CRW Engineering, developed a competitive bid
package for the construction of the water tank project and advertised according to SSC6.10.210 and
SCC6.10.215; and
WHEREAS,three contractors submitted bids to the City Clerk's office by 1:30 p.m.on April
14, 2015, and City Staff and its engineer CRW Engineering, determined that Southcentral
Construction Inc. was the lowest, qualified and responsive bidder; and
WHEREAS,the construction of the North Seward Water Storage Tank&Pumping Facility
cannot proceed until the contract is awarded.
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 an agreement,in substantial
form as attached hereto, with Southcentral Construction INC for an amount not to $4,658,210.
Section 2. Funding in the amount not-to-exceed $805,407.15 is hereby appropriated from
Water MRRF funds account no. 17001-0000-3400 to Water Storage Tank infrastructure account no
17310-0000-8101.
Section 3.A contingency in the amount not to exceed $50,000 can be approved by the City
Manager, upon advance written authorization.
CITY OF SEWARD,ALASKA
RESOLUTION 2015-039
Section 4. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska,this 27th
day of April, 2015.
THE CITY OF SEWARD,ALASKA
pcan Bardarson,Mayor
AYES: Keil, Terry, Butts, Squires, Darling, Bardarson
NOES: Casagranda
ABSENT: None
ABSTAIN: None
ATTEST:
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J+hanna K.nney, CMC
(Jity Clerk
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Agenda Statement
of sett?
Meeting Date: April 27,2015 �'0
To: City Council 1 4S
�ASU,
Through: Jim Hunt, City Manage
From: W.C. Casey,Public Works Director AL.
Agenda Item: Construction contract approval for the North Seward Water Storage Tank&
Pumping Facility.
BACKGROUND &JUSTIFICATION:
The City of Seward has secured funding in the amount of$4,499,999.99 for the North Seward Water
Storage Tank&Pumping Facility(NSWST).
The City hired CRW Engineering to develop a competitive bid package for the project and advertised
according to SSC6.10.210 and SCC6.10.215. Three (3) contractors submitted bids that were
opened at 1:30 p.m. on April 14th, 2014. The following are the bids that were submitted:
Compilation of Bids
Project: North Seward Water Storage Tank&Pumping Facility
Contractor Final Bid
Southcentral Construction $4,658,210
AHTNA Construction $4,994,457
Blazy Construction $4,810,763
City Staff and CRW Engineering determined that Southcentral Construction Inc. was the lowest,
qualified, responsive bidder with a total bid price of$4,658,210. The construction of the North
Seward Water Storage Tank&Pumping Facility cannot proceed until the contract is awarded. Once
the contract has been authorized by Seward City Council, a Notice to proceed will be issued.
INTENT:
To authorize the City Manager to enter into a contract with Southcentral Construction Inc. to
complete the North Seward Water Storage Tank&Pumping Facility project.
CONSISTENCY CHECKLIST: Yes No N/A
Comprehensive Plan(document source here):Page 27: Continue to
1. upgrade and expand utilities to meet existing needs and encourage X
future development
2 Strategic Plan (document source here):Page 18:Promote a safe X
community.
3. Other(list): Design Study Report completed by CRW in 2000 X
FISCAL NOTE:
Funding for this project in the amount of$2,508,000 is available from a Municipal Matching Grant
through ADEC(authorized and appropriated in Resolution 2012-087on 11/26/12)and$1,991,999.99
is available from a State of Alaska Designated Legislative Grant(authorized and appropriated by
Resolution 2015-033 on 4/13/15). Additional funding in the amount of$805,407.15 to cover project
engineering,design,bid support,grant administration fees and up to a 5%contingency is available in
the Water Major Repair and Replacement Fund. Use of this funding source will reduce the balance
in the Water Major Repair and Replacement Fund to approximately$905,000. The balance in the
Water Enterprise Fund is approximately $665,000 after appropriation to CRW for additional
engineering and design.
Approved by Finance Department: 41404-
ATTORNEY REVIEW: Yes No X
RECOIVMENDATION: 05°l
Staff recommends that the Seward City Council approve Resolution 2015-Z authorizing the City
Manager to enter into a contract with Southcentral Construction Inc. for an amount no to exceed
$4,658,210 for the construction of the North Seward Water Storage Tank&Pumping Facility.
CITY OF SEWARD, ALASKA
NORTH SEWARD WATER STORAGE TANK & PUMPING FACILITY— PHASE II
CONTRACT
THIS CONTRACT is between City of Seward, Alaska (hereinafter called OWNER), and
Southcentral Construction Inc.
(hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
1. WORK
CONTRACTOR shall complete Work as specified or indicated in the Bid and
Contract Documents. The Work is generally described as follows:
Furnish and install 1,614 feet of 8-inch ductile iron pipe sewer main; 8
sanitary sewer manholes; 4,641 feet of 16-inch ductile iron pipe water
main; 622 feet of 12-inch ductile iron pipe water main; 215 feet of 8-inch
ductile iron pipe water main; 3 butterfly valves; 4 gate valves; 1 fire
hydrant; a water pumping facility consisting of masonry block building
with lighting, electrical, mechanical, piping, valves, controls, packaged
pumping system, high demand pump, backup generator, fuel storage
tank, chlorination system, site work, and access road; insulated 500,000
gallon steel water storage tank; control valve vault; Class A water well
(14-inch well casing) with well pump and discharge piping; 3,180 tons of
bedding material; 1,790 tons of Type IIA backfill; 300 tons of leveling
course; disposal of 4,220 cubic yards of surplus material; and other
miscellaneous items of work.
2. CONTRACTING OFFICER & ENGINEER
2.1. City Manager is hereinafter called
CONTRACTING OFFICER and is authorized to enter into and administer the
Contract on behalf of the OWNER. CONTRACTING OFFICER has authority to
make findings, determinations and decisions with respect to the Contract and,
when necessary, to modify or terminate the Contract.
2.2. Ken Griner is hereinafter called
ENGINEER and is to act as OWNER's representative, assume duties and
responsibilities, and have the rights and authority assigned to ENGINEER in the
Contract Documents in connection with completion of the Work in accordance
with the Contract Documents.
3. CONTRACT TIMES AND LIQUIDATED DAMAGES
3.1. Contract Times:
3.1.1. Work shall be completed and ready for final payment and
acceptance in accordance with Article 11 of the City of Seward General
Conditions no later than December 30, 2015.
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Pumping Facility—Phase II
3.1.2. CONTRACTOR shall achieve Substantial Completion no later than
November 30, 2015.
3.2. Liquidated Damages:
OWNER and CONTRACTOR recognize that time is of the essence of this
Agreement and that OWNER will suffer financial loss if the Work is not
completed within the times specified in paragraph 3.1. Contract Times
above, plus any extensions thereof allowed in accordance with Article 11
of the City of Seward General Conditions. OWNER and CONTRACTOR
also recognize the delays, expense, and difficulties involved in proving in a
legal or other dispute resolution proceeding the actual loss suffered by
OWNER if the Work is not completed on time. Accordingly, instead of
requiring any such proof, OWNER and CONTRACTOR agree that as
liquidated damages for delay (but not as a penalty) CONTRACTOR shall
pay OWNER $500.00 per day for each calendar day elapsing between the
time stipulated for the Substantial Completion Date and/or $250 per day
for each calendar day elapsing between the time stipulated for Final
Completion Date and the actual date completed in accordance with the
terms hereof.
4. CONTRACT AMOUNT
OWNER shall pay CONTRACTOR the following Not-To-Exceed amount based
on the conformed Bid, included as an Exhibit to this Agreement, subject to
additions and deletions as provided in the Contract Documents:
Four million,six hundred fifty eight thousand,two hundrec and ten Dollars
(Words)
and no Cents $ 4,658,210.00
(Words) (Numbers)
At no time will any provisions of this Agreement make the OWNER or its
representatives liable for payment for performance of work under this Agreement
in excess of the amount that has been appropriated by the Seward City Council
and obligated for expenditure for purposes of this Agreement.
5. CONTRACTOR'S REPRESENTATIONS
In order to induce OWNER to enter into this Agreement, CONTRACTOR'S
representations are as set forth as follows:
5.1. CONTRACTOR has familiarized itself with the nature and extent of the
Contract Documents, work, site, locality, general nature of work to be performed
by OWNER or others at the site that relates to Work required by the Contract
Documents and local conditions and Federal, State, and Local Laws and
Regulations that in any manner may affect cost, progress, performance, or
completion of Work.
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Pumping Facility—Phase II
5.2. CONTRACTOR has correlated information known to CONTRACTOR and
results of such observations, familiarizations, examinations, investigations,
explorations, tests, studies, and reports with Contract Documents.
5.3. CONTRACTOR has given CONTRACTING OFFICER written notice of
conflicts, errors, ambiguities, or discrepancies that it has discovered in the
Contract Documents and the written resolution thereof by CONTRACTING
OFFICER is acceptable to CONTRACTOR, and the Contract Documents are
generally sufficient to indicate and convey understanding of terms and conditions
for performing and furnishing Work.
6. INSURANCE
The CONTRACTOR shall maintain insurance to these minimum levels:
6.1. Commercial General Liability: The coverage of $2,000,000 combined
single limit per occurrence, and $2,000,000 General aggregate and Products-
Complete Operations aggregate. The Contractor must assume all insurable risks
and bear any loss or injury to property or persons because of neglect or accident
during the term of the contract, except for the negligence entirely attributable to
the City or its agents.
6.2. Workers' Compensation: Coverage required by State law for the
Contractor and all of its subcontractors. The policy must include employer's
liability coverage of $100,000 per person, and $1,000,000 per occurrence. The
Contractor must notify the City and the Alaska Division of Workers'
Compensation promptly when changes in its business operation affect its
insurance status.
6.3. Automobile Liability: Coverage for all owned, hired, and non-owned
vehicles for $1,000,000 combined single limit for each occurrence for bodily
injury and property damage.
To the extent allowed by law, the CONTRACTOR shall be required to defend,
indemnify, and hold harmless the OWNER and its officers, employees and
engineers from all damage, loss, injury, or proceedings of any kind in connection
with the performance or activities of the CONTRACTOR, except for damage,
loss, or injury resulting from the OWNER's sole gross negligence or willful
misconduct.
7. MINIMUM WAGE RATES
CONTRACTOR shall ensure that wages paid are the higher of the State or
Federal wage rate on a classification by classification basis for the North Seward
Water Storage Tank & Pumping Facility— Phase II project. Both prevailing wages
rates established for the locality by the Alaska Department of Labor under AS
36.05.010, and Federal standards in accordance with Subchapter IV of Chapter
31 of Part A of Subtitle II of Title 40, U.S.C. (commonly referred to as the "Davis
Bacon Act") apply.
North Seward Water Storage Tank& Page 3 of 6 Contract
Pumping Facility—Phase II
B. EQUAL EMPLOYMENT OPPORTUNITY
CONTRACTOR shall remain in compliance with Executive Order 11246 of
September 24, 1965, entitled "Equal Employment Opportunity" as amended by
Executive Order 11375 of October 13, 1967, and as supplemented in
Department of Labor regulations (41 CFR 60).
9. INDEMNIFICATION
CONTRACTOR agrees to indemnify, defend and hold harmless OWNER
(including its employees, officers, and agents) from any and all claims, arising in
favor of third parties and arising out of or relating to this Agreement of the
performance of any Work or obligations hereunder.
10. AMENDMENTS
This Agreement may be amended, modified, or extended at any time by mutual
agreement of the Parties, but any such amendment must be in writing, dated,
signed by the Parties, and attached hereto.
11. CHOICE OF LAW 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.
12. REMEDIES OF DEFAULT
The OWNER shall have the right, but not the obligation, to terminate this
Agreement following ten days written notice of default to CONTRACTOR.
CONTRACTOR shall have the right to cure such default within the notice period
and thereby avoid termination, provided that no other default and cure have
occurred in the prior six months. Notwithstanding termination, the OWNER
retains its rights to be reimbursed for all Material removed up to and including the
date of termination, and all other remedies available at law or equity.
13. ENTIRE AGREEMENT
This Agreement contains the entire understanding and agreement between the
Parties with respect to this subject. 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.
14. CONTRACT DOCUMENTS
14.1. The Contract Documents which comprise the entire Agreement between
OWNER and CONTRACTOR concerning Work are defined in Article 1 of the City
of Seward General Conditions.
14.2. Except for the Notice to Proceed, and Addenda, these Contract
Documents are also listed in the Table of Contents and are bound in one volume,
identified as Specifications and Contract Documents.
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Pumping Facility—Phase II
14.3. Drawings are under separate cover.
14.4. Addenda numbers 1 to 2 , inclusive.
14.5. Exhibits to this Agreement include:
14.5.1. Conformed Bid Form signed by CONTRACTOR.
14.5.2. Executed Payment Bond in the amount of 100% of the Contract
Amount
14.5.3. Executed Performance Bond in the amount of 100% of the
Contract Amount
14.5.4. Alaska Contractor Certificate of Registration
14.5.5. Alaska Business License
14.5.6. City of Seward Business License
14.5.7. Certificates of Insurance with Endorsements
14.5.8. Kenai Peninsula Borough Tax Compliance Certificate
14.5.9. ADEC EEO Statement of Acknowledgement
14.5.10. Documents submitted by CONTRACTOR prior to execution of
Agreement
15. MISCELLANEOUS
15.1. No assignment by a party hereto of any rights under or interests in the
Contract Documents will be binding on another party hereto without the written
consent of the party sought to be bound; and specifically, but without limitation,
monies that may become due and monies that are due may not be assigned
without such consent (except to the extent that the effect of this restriction may
be limited by law), and 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 the Contract Documents.
15.2. OWNER and CONTRACTOR each binds itself, its partners, successors,
assigns, and legal representatives to the other party hereto, its partners,
successors, assigns, and legal representatives in respect of all covenants,
agreements, and obligations contained in the Contract Documents.
North Seward Water Storage Tank& Page 5 of 6 Contract
Pumping Facility—Phase II
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed 2- copie(s) of
this Agreement. All portions of the Contract Documents have been signed or identified
by OWNER and CONTRACTOR.
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Title: ; Title: P'e5 t4leVIT
Date: Aide-'20l5 Date:
••001/1.04,. /J(
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(Attach evidence of authority to sign and Agent for service of process: � r t 2i '1e,--
resolution of other documents
authorizing execution of Agreement.)
(If CONTRACTOR is a corporation,
attach evidence of authority to sign.)
END OF SECTION
North Seward Water Storage Tank& Page 6 of 6 Contract
Pumping Facility-Phase I I