HomeMy WebLinkAboutRes2018-060Sponsored by: Hunt
CITY OF SEWARD, ALASKA
RESOLUTION 2018-060
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH JAFFA CONSTRUCTION FOR THE REPAIR AND
REFURBISHMENT OF THE LOWELL CANYON 400,000 GALLON WATER
STORAGE TANK IN AN AMOUNT NOT TO EXCEED $548,376.00 AND
APPROPRIATING FUNDS
WHEREAS, the Lowell Canyon water storage tanks are essential to the water supply for the
City of Seward; and
WHEREAS, a 2011 engineering survey by Wince-Corthell-Bryson Consulting Engineers
showed the 400,000 gallon tank was in disrepair, and recommended the interior and exterior of the
tank be recoated; and
WHEREAS, the State of Alaska has provided grant funds for refurbishing the Lowell
Canyon water tanks, including engineering, contracting, and administration for up to $575,000.
Pursuant to the grant agreement's 1-year extension, these funds must be used by June 30, 2019; and
WHEREAS, Resolution 2017-040 approved Wince-Corthell-Bryson Consulting Engineers
to provide engineering services to design, permit, and provide contract administration support for the
Lowell Canyon water tank refurbishment for a total sum not to exceed $75,020; and
WHEREAS, Wince-Corthell-Bryson Consulting Engineers completed the engineering and
bid documents for repair and refurbishment of the 400,000 gallon water tank, and this project was
put out to competitive bid on June 11, 2018 with a bid opening on June 27, 2018; and
WHEREAS, Jaffa Construction, Inc. was the only responsive bidder, with a bid total of
$548,376.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that:
Section 1. It is in the public interest for the City of Seward to contract with Jaffa
Construction, Inc. for the Lowell Canyon water tank refurbishment.
Section 2. The City Manager is authorized to enter into a contract with Jaffa Construction,
Inc. for a total sum not to exceed $548,376.00, for repair/construction services on materially the
same terms as in the Contract Agreement attached as Exhibit A.
Section 3. Funding in the amount of $499,980.00 is hereby appropriated from State grant
CITY OF SEWARD, ALASKA
RESOLUTION 2018-060
funds account no. 17731-0000-5922 to contract services account number 17331-0000-7009, and
funding in the amount of $48,396.00 is hereby appropriated from the water fund account no. 17000-
0000-3400 to contract services account number 17331-0000-7009.
Section 4. This resolution shall take effect immediately upon approval.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 9`h day
of July, 2018.
THE CITY OF SEWARD, ALASKA
C� \&Woo
David Squires, Mayo
AYES: Towsley, McClure, Keil, Casagranda, Horn, Seese, Squires
NOES: None
ABSENT: None ,
ABSTAIN: None
ATTEST:
Brenda J. Ballou M
City Clerk
(City Sea`�AOF SE '••.
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Meeting Date
To:
Through:
From:
Agenda Item:
Agenda Statement
July 9, 2018
City Council
City Manager Jim Hunt
Doug Schoessler, Public
Resolution 2018-060
Works Director
BACKGROUND & JUSTIFICATION: A 2011 engineering survey of the water tanks conducted
by Wince-Corthell-Bryson Consulting Engineers showed the 400,000-gallon tank was in disrepair
and recommended the interior and exterior of the tank be recoated. Seward's water supply system is
dependent on water stored in the Lowell Canyon tanks. It is essential that the 400,000-gallon tank be
maintained for long-term use.
Resolution 2017-040 approved and awarded a contract to Wince-Corthell-Bryson for design
engineering, bid document preparation, and project management services. They completed the
engineering and the project has been out for competitive bid. The bid opening was conducted on
June 27, 2018. Only one bid was received, and that was from Jaffa Construction in the total amount
of $548,376. The bid was checked for accuracy and completeness and was found to be responsive.
INTENT: The intent of this resolution is to approve and award the construction contract for
repair/refurbishment of the Lowell Canyon water tank in a timely manner to Jaffa Construction, Inc.
in the total amount of $548,376.00
CONSISTENCY CHECKLIST:
Yes
No
N/A
1. Comprehensive Plan (document source here):
X
2. Strategic Plan (document source here):
X
3.
Other (list):
X
54
FISCAL NOTE:
Funding for this project is from a previously secured state grant and the Water fund.
Approved by Finance Department:
ATTORNEY REVIEW: Yes No X— Not Applicable
RECOMMENDATION:
City Council authorize a contract with Jaffa Construction for the Lowell Canyon Water Tank
Refurbishment project.
2
507486\1 002\00630057
611
CITY OF SEWARD, ALASKA
LOWELL CANYON WATER TANK REFURBISHMENT
CONTRACT
THIS CONTRACT is between City of Seward, Alaska (hereinafter called OWNER), and
Jaffa 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:
Refurbish the existing 400,000 gallon water tank located at Lowell
Canyon. Work to include sandblasting and recoating the interior and
exterior of the tank, removing and replacing the existing exterior
insulation, residing the tank, and modifying the foundation.
2. CONTRACTING OFFICER & ENGINEER
2.1. Doug Schoessler 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. Wince-CorthelI-Bryson 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 October 15, 2018.
3.1.2. CONTRACTOR shall achieve Substantial Completion no later than
September 30, 2018.
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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:
Five hundred forty-eight thousand, three hundred seventy-six Dollars
(Words)
and zero . Cents $548,376.00
(Words) )
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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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 Lowell Canyon
Water Tank Refurbishment project. Both prevailing wage 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.
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8. 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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14.3. Drawings are under separate cover.
14.4. Addenda numbers to , 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.
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N-
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed 2 copy(ies) of
this Agreement. All portions of the Contract Documents have been signed or identified
by OWNER and CONTRACTOR.
OWNER City of Seward, Alaska CONTRACTOR Jaffa Construction, Inc
By: By: _
Title: Title:
Date: Date:
ATTEST:
[City Seal]
Address for giving notices
(Attach evidence of authority to sign and
resolution of other documents
authorizing execution of Agreement.)
[Corporate seal]
Address for giving notices
License No.
Agent for service of process:
(If CONTRACTOR is a corporation,
attach evidence of authority to sign.)
END OF SECTION
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PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
of
and of
as Surety, are held and firmly bound unto the City of Seward,
99664, as Owner, in the penal sum of $
as Principal
P.O. Box 167, Seward, Alaska
_ in lawful money of the United
States, for the payment of which sum well and truly to be made, we bind ourselves, successor,
and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a
certain construction contract with the Owner, dated the day of
2018, for the construction of:
Lowell Canyon Water Tank Refurbishment
NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms,
Subcontractors and others furnishing materials for or performing labor in the prosecution of the
Work provided for in such contract, and any authorized extension or modification thereof, and all
insurance premiums on said Work, and for all labor, performed in such Work whether by
Subcontractor or otherwise then this obligation shall be void: otherwise to remain in full force
and effect.
PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the contract or to the
Work to be performed thereunder or the Specifications accompanying the same shall in any
wise affect its obligation on this Bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the contract or to the Work or to the
Specifications.
PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in _
of which shall be deemed an original, this day of
PRINCIPAL:
la
Address:
SURETY
0
Address:
counterparts, each one
2018.
Note: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all
partners must execute Bond.
Lowell Canyon Water Tank Page 1 of 1 Payment Bond
Refurbishment
[X
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
of
as Principal
and of
as Surety, are held and firmly bound unto the City of Seward, P.O. Box 167, Seward, Alaska
99664, as Owner, in the penal sum of $ in lawful money of the United
States, for the payment of which sum well and truly to be made, we bind ourselves, successor,
and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a
certain construction contract with the Owner, dated the day of
2018, for the construction of:
Lowell Canyon Water Tank Refurbishment
NOW, THEREFORE, if the Principal shall well and truly perform and complete all obligations
and Work provided for in such contract, and any authorized extension or modification thereof,
and reimburse upon demand of the Owner any sums paid which exceed the final payment due
upon completion, then this obligation shall be void: otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees
that no change, extension of time, alteration or addition to the terms of the contract or to the
Work to be performed thereunder or the Specifications accompanying the same shall in any
wise affect its obligation on this Bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the contract or to the Work or to the
Specifications.
IN WITNESS WHEREOF, this instrument is executed in _
of which shall be deemed an original, this day of
PRINCIPAL:
By:
Address:
SURETY
By:
Address:
counterparts, each one
2018.
Note: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all
partners must execute Bond.
Lowell Canyon Water Tank Page 1 of 1 Performance Bond
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