HomeMy WebLinkAboutRes2019-062 Sponsored by: Meszaros
1o. CITY OF SEWARD, ALASKA
RESOLUTION 2019-062
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH GOV-RATES, INC. FOR CONSULTING
SERVICES FOR THE WATER AND SEWER CLASSIFICATION PLAN
AND RATE STUDY FOR AN AMOUNT NOT TO EXCEED $32,300, AND
APPROPRIATING FUNDS
WHEREAS, the City of Seward has not conducted a water and wastewater rate and
classification study since 1993; and
WHEREAS, since 1993, the city has experienced significant growth and changing
consumption patterns; and
WHEREAS, the Port and Commerce Advisory Board (PACAB) recommended to the
City Council that a rate and classification study be conducted via PACAB Resolution 2019-002;
and
WHEREAS, the Seward City Council directed administration to put out a Request for
Proposals for a water and wastewater rate and classification study; and
WHEREAS, the purpose of a water and wastewater classification and rate study is to
determine the operating and maintenance costs associated with our critical infrastructure and to
ensure that the city's rates and classifications reflect and maintain the appropriate classification
and rate for the overall stability of the utilities; and
WHEREAS, a Request for Proposals (RFP) for consulting services was advertised and
completed, resulting in three (3) responsible proposals from highly qualified and experienced
firms; and
WHEREAS, the RFPs were carefully evaluated using the criteria listed in the RFP, and
scored by a three-person evaluation committee on June 7, 2019; and
WHEREAS, Gov-Rates, Inc. scored the highest total point score for their Professional
Services Proposal.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA that:
F Section 1. The city manager is hereby authorized to enter into a Professional Services
Agreement with Gov-Rates, Inc.in the amount of$32,300 for Consulting Services to complete
the 2019 Water and Wastewater Classification Plan and Rate Study.
CITY OF SEWARD, ALASKA
RESOLUTION 2019-062
Section 2. Funding is hereby appropriated as follows: $16,150 from the Water reserves
account no. 17000-0000-3400 to the Water Contracted Services account no. 17000-4000-7009
and $16,150 from the Wastewater reserves account no. 18000-0000-3400 to the Wastewater
Contracted Services account no. 17000-4500-7009.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this
24`" day of June, 2019.
THE CITY OF SEWARD, ALASKA
David Squires, May
AYES: Seese, Towsley, Horn, Lane, McClure, Osenga, Squires
NOES: None
ABSENT: None J
ABSTAIN: None
ATTEST:
renda J. Ballo MMC
City Clerk
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Agenda Statement
Meeting Date: June 24, 2019
To: City Council
Through: Scott Meszaros, City Manager
From: Doug Schoessler, Public Works Director
Agenda Item: 2019 Water-Sewer Rate Study, Classification Plan
BACKGROUND & JUSTIFICATION:
The City of Seward is seeking the services of a qualified professional engineering firm and/or
financial consultant to perform a full-scale classification plan and rate study resulting in a
recommended rate classification structure and recommended rates for the City-owned water and
sewer utilities.The City's most recent rate study was completed in 1993 but excluded an analysis of
the classification structure.
The community of Seward has experienced significant change in the past 25 years and the City
desires to ensure that its water and sewer classifications best reflect the demographics of the current
residential and commercial customer base. A classification plan should identify an appropriate
classification structure to include Residential, Commercial(Small General,Large General)Industrial
and Special Contracts, as recommended by the proposer. It will recommend metered rates versus
equivalent residential unit (ER(J) rates for various classifications, It will consider demographic
issues affecting Seward such as single-family residential use versus residential homes used for
seasonal bed-and-breakfast operations, nightly lodging, seasonal hotels, seasonal businesses, etc.
An RFP for Consulting Services was advertised and completed, We received proposals from three
qualified firms. The evaluation committee reviewed and scored the proposals as required in the RFP
and the successful firm was carefully chosen, GovRates, Inc.was selected,and we intend to award
the contract pending City Council approval. Below is a breakdown of the RFP scoring:
Firm Cumulative Score Price
GovRates Inc. 269 $32,300
I-IDR En ineerin Inc. 253 $94,150
MAP Consultin. LLC .. 205
$167,250
INTENT:
To authorize the City Manager to enter into an agreement with GovRates, Inc. for professional
consulting services for the 2019 Water-Sewer Rate Study and Classification Plan.
78
CONSISTENCY CHECKLIST: Yes No N/A
Comprehensive Plan (document source here):
1 2.2.8 City Government X
3.7.1.4 Continue to conduct rate studies on utilities as needed
2 Strategic Plan (document source here): X
Page 7 w„•Complete a utility rate study
3. Other(list):
FISCAL NOTE:
Funding for this rate and classification study will be split between the Water and Wastewater funds.
There are sufficient funds within the two reserve accounts to cover the cost of the study.
Approved by Finance Department: , :�i4 .............
ATTORNEY REVIEW: Yes X No Not Applicable
RECOMMENDATION:
..._.--....----
Recommend Approval of Resolution 2019-062 , authorizing the City Manager to enter into a
professional services agreement with GovRates, Inc.
79
PROFESSIONAL SERVICES AGREEMENT
CONSULTING/ENGINEERING SERVICES AGREEMENT
FOR THE 2019 SEWARD WATER/SEWER
CLASSIFICATION PLAN AND RATE STUDY
This Agreement, between the CITY OF SEWARD, an Alaska home rule municipal
corporation ("City"), and GovRates, Inc. ("Consultant"), is effective June 24, 2019 for the
provision of professional Consultant/Engineering services.
Notice shall be given to the Designated Representative of the contracting parties
as follows:
Scott Meszaros, City Manager
City of Seward, Alaska
P. O. Box 167
Seward, Alaska 99664
Bryan A. Mantz
GovRates, Inc
1988 Varick Way
Casselberry, FL 32707-2409
1. SCOPE OF WORK
1.1 PURPOSE OF AGREEMENT. The City seeks to retain
Consulting/Engineering services related to the following project:
Professional Consulting/Engineering Services to complete the 2019
Seward Water/Sewer Classification Plan and Rate Study, as more
particularly described in the City of Seward RFP dated May 3, 2019,
attached Exhibit 1.
The services provided by the Consultant/Engineer will consist of researching, planning,
providing an implementable Classification Plan and Rate Study as described in the
above-mentioned RFP and the Proposer's responsive bid.
2. GENERAL PROVISIONS
2.1 DEFINITIONS. The following terms shall have the meanings as defined
below.
2.1.1 "Agreement" means this Agreement, including all amendments,
modifications, and supplements hereto and any appendices, exhibits, or schedules to
same, and refers to this Agreement as it may be in effect at the time such reference
becomes operative. Together the documents form an agreement which represents the
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entire and integrated agreement between the parties hereto, and supersedes prior
negotiations or agreements, either written or oral. This Agreement is entered into solely
for the purpose of the Project.
2.1.2 "Contract Documents" means and consists of (i) this Agreement
signed by City and Consultant/Engineer; (ii) all exhibits and schedules to this Agreement;
and (iii) all change orders for changes in the Work issued after the execution of this
Agreement.
2.1.3 "City's Representative" means Mr. Doug Schoessler, Public Works
Director; or the City Manager; or the City Manager's designee.
2.1.4 "Work" means all labor, materials, equipment, and services provided
by Consultant/Engineer to fulfill Consultant/Engineer's obligations.
3. CONSULTANT/ENGINEER'S RESPONSIBILTIES
3.1 CONSULTANT/ENGINEERING SERVICES. Consultant/Engineer shall be
responsible for planning, consulting, and design (collectively"Consultant/Engineering") of
the Work described in the Task Orders and Contract Documents. Consultant/Engineer
shall exercise reasonable skill and judgment in the performance of the Work.
3.1.1 Consultant/Engineer shall be responsible for taking and verifying
field dimensions, providing tests, ordering materials, and all other actions as required to
perform this Agreement.
3.1.2 Consultant/Engineer shall submit for City's written approval,
Specifications based on the Contract Documents ensuring proposed work meets with the
guidelines for content and cost. Specifications shall set forth in detail the requirements
for the Work, and shall be based upon codes, laws, or regulations enacted at the time of
their preparation.
3.2 SAFETY, LEGAL COMPLIANCE, AND RECORDKEEPING.
Consultant/Engineer shall take necessary precautions for the safety of its employees on
the Project. Consultant/Engineer shall not, however, be responsible for the elimination or
abatement of safety hazards created or otherwise resulting from the work of City or its
agents.
3.2.1 Consultant/Engineer shall give adequate notices to authorities
pertaining to its Work, and shall secure and pay for all permits, fees, assessments,
inspections, and taxes necessary to complete the Work. Consultant/Engineer shall
comply with all laws and ordinances legally enacted at the date of execution of the
Agreement which govern proper performance of the Work.
3.2.2 To the extent that Consultant/Engineer retains or contracts with any
mechanic or laborer during the Work, Consultant/Engineer will comply with the Alaska
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Prevailing Wage Act, AS 36.05.005 et seq., and will pay any mechanic or laborer,
including apprentices and trainees, the full amount of wages required under the Act. In
the event that Consultant/Engineer enters into contracts with Subcontractors for the
provision of work by mechanics or laborers, Consultant/Engineer will require the
Subcontractor to pay its mechanics and laborers according to the terms of the Act.
3.2.3 Consultant/Engineer shall maintain insurance policies as described
in Article 9.
3.2.4 Consultant/Engineer shall keep such full and detailed accounts as
may be necessary for proper financial management under this Agreement. City shall be
afforded access to all Consultant/Engineer's records, books, correspondence,
instructions, drawings, schedules, receipts, vouchers, memoranda, and similar data
relating to Change Order work performed on the basis of actual cost.
Consultant/Engineer shall preserve all such records for a period of three years following
final payment.
4. CITY'S RESPONSIBILITIES
4.1 INFORMATION. City shall provide information in a timely manner regarding
requirements for each Task Order. Consultant/Engineer shall be entitled to rely on the
completeness and accuracy of information provided by City. City shall provide all
necessary information describing the physical characteristics of the site, including
surveys, site evaluations, legal descriptions, existing conditions, subsurface and
environmental studies, reports, and investigations.
4.2 RESPONSIBILITIES DURING THE WORK
4.2.1 City shall review and approve further development of the drawings
and specifications as set forth in Article 3.
4.2.2 City shall review the Schedule of Work and timely respond to City's
obligations.
4.2.3 If City becomes aware of any error, omission, or failure to meet the
requirements of the Contract Documents, or any fault or defect in the Work, City shall give
prompt notice to Consultant/Engineer.
4.2.4 City shall have no contractual obligations to any Subcontractors or
suppliers.
4.2.5 Where the Consultant/Engineer's work involves a project for
construction, City shall provide insurance for the project as provided in Article 9.
4.3 CITY'S DESIGNATED REPRESENTATIVE. City's Designated
Representative shall be fully acquainted with the Project, shall furnish information and
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services required of City pursuant to Paragraph 4.1 so as not to delay
Consultant/Engineer's Work, and shall have authority to bind City in all matters requiring
City's approval, authorization, or written notice.
5. SUBCONTRACTORS TO CONSULTANT/ENGINEER
5.1 SUBCONTRACTORS. Work not performed by Consultant/Engineer with its
own resources shall be performed by Subcontractors.
5.1.1 Consultant/Engineer shall not retain any Subcontractor to whom City
has a reasonable and timely objection, provided that City agrees to increase the Contract
Price for any additional costs incurred by Consultant/Engineer as a result of such
objection.
5.1.2 Consultant/Engineer shall be wholly responsible for the management
of its Subcontractors in the performance of their work.
6. CONTRACT TIME
6.1 COMMENCEMENT. The Work shall commence upon the date of receipt of
a written Notice to Proceed by the Consultant/Engineer.
6.2 CONTRACT TERM. The term of this Agreement shall be until completed or
otherwise legally terminated.
6.3 Time is of the essence in this Agreement.
6.3.1 If Consultant/Engineer is delayed at any time in the progress of the
Work by changes ordered in the Work, or by labor disputes, fire, unusual delay in
deliveries, unavoidable casualties, or other causes beyond Consultant/Engineer's control,
the Contract Time will be extended by Change Order to the extent that: (1) the delay will
prevent Consultant/Engineer from achieving Substantial Completion within the Contract
Time, and (2) the performance of the Work is not delayed by any other cause for which
Consultant/Engineer is not entitled to an extension in the Contract Time under the
Contract Documents. Adjustments to the Contract Time will be permitted for a delay only
to the extent such delay (1) is not caused, or could not have been anticipated, by
Consultant/Engineer, (2) could not be limited or avoided by Consultant/Engineer's timely
notice to City of the delay, and (3) is of a duration not less than one day.
6.3.2 Final inspection and acceptance by City's Representative will not be
made until all Work under this Agreement is completed. If unforeseeable causes beyond
Consultant/Engineer's control, and without Consultant/Engineer's fault or negligence,
delay progress of the Work, then Task Order Price and/or date of Task Order Completion
shall be modified by Change Order as appropriate in accordance with the provisions of
Article 8.
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7. COMPENSATION OF CONSULTANT/ENGINEER
7.1 CONTRACT SUM; PAYMENT. For and in consideration of
Consultant/Engineer's performance of the Work, Consultant/Engineer will receive:
payment by unit price and actual quantities of work and materials provided in accordance
with the bid prices in the attached Exhibit 2 (task estimate) and a Total Cost not to exceed
$32,300, and any authorized adjustments for additional work not anticipated by this
contract. City's payment obligation will be subject to:
7.1.1 A reduction by any amount owed by Consultant/Engineer to City at
the time payment of the Contract Sum is due; or
7.1.2 Additions and/or deletions by Change Order.
7.2 CONSULTANT/ENGINEER'S INVOICES. Consultant/Engineer will submit
a single final invoice within thirty (30) days of the completion of Work.
7.3 REVIEW OF CONSULTANT/ENGINEER'S INVOICES. City's
Representative will, within fifteen (15) days after receipt of any Consultant/Engineer's
invoice, approve payment for such amount as City's Representative determines is
properly due, and notify Consultant/Engineer in writing of the reasons for any withholding
of payment in whole or in part.
7.4 PAYMENT BY CONSULTANT/ENGINEER
7.4.1 Consultant/Engineer will promptly pay each person who supplies
labor or materials to Consultant/Engineer upon receipt of payment from City, out of the
amount paid to Consultant/Engineer.
7.4.2 City will have no responsibility for the payment of money to a person
or entity who supplies labor or materials to Consultant/Engineer.
7.4.3 A payment, or partial or entire use or occupancy of the Work by City,
will not constitute acceptance of any Work not in accordance with the requirements of the
Contract Documents.
7.4.4 If City is entitled to reimbursement or payment from
Consultant/Engineer under the Contract Documents, Consultant/Engineer will make the
payment promptly upon demand by City. Notwithstanding anything in the Contract
Documents to the contrary, if Consultant/Engineer fails promptly to make any payment
due City, or City incurs costs and expenses to cure any default of Consultant/Engineer or
to correct defective Work, City will have an absolute right to offset the amount against the
Contract Sum and may, in City's sole discretion, either (1) deduct an amount equal to the
amount which is due City from any payment then or thereafter due Consultant/Engineer
from City, or (2) issue a written notice to Consultant/Engineer reducing the Contract Sum
by an amount equal to the amount which is due City.
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7.5 FINAL COMPLETION AND FINAL PAYMENT. Upon receipt of a final
Application for Payment, City's Representative will determine whether the final work is
acceptable to City. City may withhold from the final payment to Consultant/Engineer any
amount that City determines is necessary to render the Work acceptable to City under
the Contract Documents.
8. CHANGES IN THE WORK
8.1 CHANGE ORDERS. Changes in the Work which are within the general
scope of this Agreement will be accomplished by Change Order, signed by both City and
Consultant/Engineer and stating the change and any adjustment in Task Order Price,
Task Order Completion Date, and/or date of Substantial Completion.
8.2 UNILATERAL CHANGE ORDER. In the event City and
Consultant/Engineer cannot agree as to the amount of adjustment in Task Order Price,
City shall issue a written order adjusting the Task Order Price determined by the
reasonable expense and/or savings in the performance of the Work resulting from the
Change. If such a change results in a net increase in Task Order Price, City shall make
a reasonable adjustment in Consultant/Engineer's overhead and profit. In the case of a
net decrease in Task Order Price, City shall not make a reduction in overhead and profit.
In the event of a disagreement between City and Consultant/Engineer as to the amount
of adjustment in Task Order Price, Consultant/Engineer shall nonetheless continue to
prosecute the Work.
8.3 CHANGED CONDITIONS. If in the performance of the Work
Consultant/Engineer finds latent, concealed, or subsurface physical conditions which
differ from the conditions Consultant/Engineer reasonably anticipated, or if physical
conditions are materially different from those normally encountered and generally
recognized as inherent in the kind of work provided for in this Agreement,
Consultant/Engineer shall immediately notify City in writing of such changed condition.
8.3.1 No adjustment in Task Order Price and/or Task Order Completion
Date shall be claimed by Consultant/Engineer due to changed conditions unless
Consultant/Engineer shall have timely notified City of the condition and made written
request for such adjustment within three (3) days after such condition was encountered.
8.3.2 Adjustments to the Task Order Price and/or Task Order Completion
Date, if any, resulting from changed conditions shall be set forth in a Change Order
pursuant to this Article. No such adjustments shall be made for any changes performed
by Consultant/Engineer that have not been ordered by City in writing.
Consultant/Engineer expressly agrees that this requirement cannot be waived.
8.4 NOTICE REQUIREMENT. For any request for an adjustment of Task Order
Price, Task Order Completion Date, and/or date of Substantial Completion,
Consultant/Engineer shall give City written notice of the request within twenty-one (21)
days after the occurrence giving rise to the request or twenty-one (21) days after
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Consultant/Engineer first recognized the condition giving rise to the claim, whichever is
later.
8.5 EMERGENCIES. In any emergency affecting the safety of persons and/or
property, Consultant/Engineer shall act, at its discretion, to prevent threatened damage,
injury, or loss. If such an emergency is anticipated to result in a request for an increase
in Task Order Price, Task Order Completion Date, and/or date of Substantial Completion,
notice shall be given to City before proceeding with the Work.
9. INDEMNITY, INSURANCE, AND WAIVER OF SUBROGATION
9.1 INDEMNITY. Consultant/Engineer shall indemnify, defend, and hold
harmless the City from and against any claim of, or liability for, negligent acts, errors, and
omissions of Consultant/Engineer under this Agreement. Consultant/Engineer is not
required to indemnify, defend, or hold harmless the City for a claim of, or liability for, the
independent negligent acts, errors, and omissions of the City. If there is a claim of, or
liability for, a joint negligent act, error, or omission of Consultant/Engineer and the City,
the indemnification, defense, and hold harmless obligation of this provision shall be
apportioned on a comparative fault basis. In this provision, "Consultant/Engineer" and
"City" include the employees, agents, and contractors who are directly responsible,
respectively, to each. In this provision, "independent negligent acts, errors, and
omissions" means negligence other than in the City's selection, administration,
monitoring, or controlling of Consultant/Engineer, or in approving or accepting
Consultant/Engineer's work.
9.2 CONSULTANT/ENGINEER'S INSURANCE
9.2.1 Consultant/Engineer will provide evidence of insurance with a carrier
or carriers satisfactory to City covering injury to persons and/or property suffered by City
or a third party as a result of operations by Consultant/Engineer which arise both out of
and during the course of this Agreement. This coverage will also provide protection
against injuries to all employees of Consultant/Engineer engaged in Work under this
Agreement. The delivery to City of a written thirty (30) day notice is required before
cancellation of any coverage or reduction in any limits of liability.
9.2.2 Consultant/Engineer will maintain in force at all times during the
performance of Work under this Agreement the following policies of insurance. Failure to
maintain insurance may, at the option of City, be deemed Defective Work and remedied
in accordance with the Contract Documents. Where specific limits and coverage are
shown, it is understood that they will be the minimum acceptable. The requirements of
this Paragraph will not limit the Consultant/Engineer's responsibility to indemnify under
Paragraph 9.1.
A. Comprehensive or Commercial General Liability Insurance:
Consultant/Engineer will provide and maintain either Comprehensive or Commercial
General Liability Insurance to cover all operations by or on behalf of Consultant/Engineer,
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and provide insurance for bodily injury and property damage liability including coverage
for: premises and operations, products and completed operations, and personal injury
liability. The minimum limits of liability will be:
(1) If Consultant/Engineer carries a Comprehensive General
Liability policy, the limits of liability will not be less than a
Combined Single Limit for bodily injury, property damage and
Personal Injury Liability of $1,000,000 each
occurrence/$1,000,000 aggregate.
(2) If Consultant/Engineer carries a Commercial General Liability
policy, the limits of liability will not be less than $1,000,000
each occurrence (Combined Single Limit for bodily injury and
property damage), $1,000,000 for Personal Injury Liability,
$1,000,000 aggregate for Products-Completed Operations,
and $1,000,000 general aggregate.
B. Professional Liability Insurance: Consultant/Engineer will
provide and maintain professional liability insurance for claims arising from negligent
performance of professional services under this Agreement and shall be written for not
less than $1,000,000 per claim/$1,000,000 aggregate, with such insurance maintained
for a minimum of three years after the date of Task Order Completion.
C. Workers' Compensation Insurance: Consultant/Engineer will
provide and maintain, for all employees of Consultant/Engineer engaged in work under
this Agreement, Workers' Compensation insurance as required by AS 23.30.045, to
include Employer's Liability Protection in the amount of $1,000,000 per person/
$1,000,000 per occurrence.
D. Automobile Liability Insurance: Consultant/Engineer will
provide and maintain for all owned, hired, and non-owned vehicles coverage in limits not
less than the following: $1,000,000 each occurrence (Combined Single Limit for bodily
injury and property damage).
9.2.3 Certificates of Insurance acceptable to City will be filed with City.
Certificates for all coverage will be provided before commencement of the Work. Each
Certificate of Insurance will contain the following statement: "This is to certify that the
policies described herein comply with all aspects of the insurance requirements of
(Contract Name and Project Number)." Acceptance by City of a deficient Certificate of
Insurance does not constitute a waiver of any requirement of insurance in the Contract
Documents.
A. Consultant/Engineer's insurance will be endorsed to provide
that the insurers and underwriters on all policies waive their right of subrogation against
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City. Except for workers' compensation coverage described at 9.2.2, City will be named
additional insured on all policies.
9.3 CITY'S INSURANCE
9.3.1 City shall be responsible for obtaining and maintaining its own
liability insurance. Except as set forth below, insurance for claims arising out of the
performance of this Agreement may be purchased and maintained at City's discretion.
9.3.2 In the event that Consultant/Engineer's Work involves projects for
construction undertaken by City, City shall obtain and maintain Builder's Risk insurance
in a form acceptable to Consultant/Engineer upon the entire project for the full cost of
replacement at the time of any loss. The insurance shall include as named insureds City,
Consultant/Engineer, and any Architect/Consultant/Engineers or Contractors. The
insurance shall insure against loss from the perils of fire and extended coverage, and
shall include "all risk" insurance for physical loss or damage, including without duplication
of coverage: theft, vandalism, malicious mischief, transit, collapse, falsework, temporary
buildings, debris removal, flood, earthquake, testing, and damages resulting from
defective design, workmanship, or material. City shall increase limits of coverage, if
necessary, to reflect estimated replacement cost. City shall be responsible for co-
insurance penalties or deductibles.
9.4 WAIVER OF SUBROGATION
9.4.1 Consultant/Engineer and City waive all rights against each other, and
any of their respective employees, agents, consultants, and Subcontractors, for damages
caused by risks covered by insurance provided in Paragraph 9.2 to the extent they are
covered by that insurance, except such rights as they may have to the proceeds of such
insurance held by Consultant/Engineer or City as trustees. Consultant/Engineer shall
require similar waivers from any and all Contractors, and shall require each of them to
include similar waivers in their subcontracts and consulting agreements.
9.4.2 If the policies of insurance referred to in this Paragraph require an
endorsement to provide for continued coverage where there is a waiver of subrogation,
the holder of such policies will cause them to be so endorsed.
9.5 SURVIVAL. Consultant/Engineer's insurance and indemnity obligations
hereunder will survive termination of this Agreement.
10. SUSPENSION OR TERMINATION OF AGREEMENT
10.1 SUSPENSION FOR CITY'S CONVENIENCE. City may order
Consultant/Engineer in writing to suspend, delay, or interrupt all or part of the Work for
such period of time as may be determined to be appropriate for the convenience of City.
Adjustments caused by suspension, delay, or interruption shall be made in Task Order
Price and/or Task Order Completion Date. No adjustment shall be made if
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Consultant/Engineer is responsible for the suspension, delay, or interruption of the Work,
or if another provision of this Agreement is applied to create an adjustment.
10.2 TERMINATION FOR CITY'S CONVENIENCE. City may, at its sole and
absolute discretion, terminate this Agreement for its own convenience. If City so elects,
City shall be liable to Consultant/Engineer for the reasonable value of work performed by
Consultant/Engineer prior to termination of the Agreement, including reasonable profit
and overhead, less prior payments made. Consultant/Engineer shall not be entitled to
prospective profits on unperformed work, or consequential damages.
10.3 TERMINATION BY CITY FOR CAUSE.
10.3.1 Upon seven (7) days'written notice to Consultant/Engineer, City may
terminate this Agreement for any of the following reasons:
1. Consultant/Engineer persistently utilizes improper materials and/or
inadequately skilled workers;
2. Consultant/Engineer does not make proper payment to any laborers,
materials suppliers, or Subcontractors;
3. Consultant/Engineer persistently fails to abide by the orders,
regulations, rules, ordinances, or laws of governmental authorities
having jurisdiction;
4. Consultant/Engineer files a petition under the Bankruptcy Code; or
5. Consultant/Engineer otherwise materially breaches this Agreement.
10.3.2 In the event that City exercises its rights under Paragraph 10.3, City
may, without prejudice to any other right or remedy against Consultant/Engineer, take
over and complete the performance of this Subcontract, or any part of it, at the expense
of Consultant/Engineer, or without taking over the work, may furnish the necessary
materials and/or employ the workmen necessary to remedy the situation at the expense
of Consultant/Engineer.
10.3.3If City takes over work pursuant to Subparagraph 10.3.2, it is
specifically agreed that City may take possession of the premises and of all materials,
tools, and equipment of Consultant/Engineer at the site or for which Consultant/Engineer
has been paid for the purpose of completing the work of this Agreement.
Consultant/Engineer shall be liable to City for all costs, losses, damages, and extra
expense, including overhead, incurred by City incident to such completion.
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10.3.4 If City wrongfully exercises its rights under Paragraph 10.3, City shall
be liable to Consultant/Engineer solely for the costs owing to Consultant/Engineer
following a termination of this Agreement for City's convenience.
10.4 CITY'S RIGHT TO CARRY OUT THE WORK. If Consultant/Engineer
persistently fails to perform any of its obligations under this Agreement, City may, after
seven (7) days' written notice, during which period Consultant/Engineer fails to complete
such obligation, undertake to perform such obligations without terminating this
Agreement. The Task Order Price shall be reduced by the cost of City performing such
obligations. In the event City exercises its rights under this Paragraph, upon request of
Consultant/Engineer, City shall provide a detailed accounting of the cost incurred by City.
11. OWNERSHIP OF DOCUMENTS
Upon final payment or termination of this Agreement, Consultant/Engineer and City
own the property rights, except for copyrights, of all documents, drawings, specifications,
electronic data, and information prepared, provided, or procured by Consultant/Engineer
or its Subcontractors and distributed to City for this Project ("Design-Build Documents")
and shall have the right to use, reproduce, and make derivative works of the Design-Build
Documents to complete the work and for subsequent renovation and remodeling of the
work.
12. CLAIMS AND DISPUTES
12.1 CLAIMS. Except as otherwise provided in this Agreement, any claim or
dispute concerning questions of fact which may arise under this Agreement will be
presented to City in writing by Consultant/Engineer.
12.1.1 In presenting a claim, Consultant/Engineer will clearly and
specifically state: (1) the Agreement provision under which the claim is made; (2) the item
of Work on which the claim is based; and (3) the specific relief requested, including any
additional time Consultant/Engineer believes it is entitled to.
12.1.2 In presenting a claim, Consultant/Engineer must provide a specific
and detailed description of the basis for the claim, including the date of the event allegedly
underlying the claim, all actions taken by Consultant/Engineer in response to that event,
and all actions taken by other parties in relation to that event. If Consultant/Engineer
seeks an adjustment in Task Order Price as a part of the claim, it must provide a detailed
cost accounting, with copies of all receipts, invoices, or payment records in support of
that accounting.
12.1.3 In presenting a claim requesting adjustment of Task Order Price due
to delay of Work, Consultant/Engineer must provide a detailed schedule explaining the
delay. In the event that the claim purports a delay of work caused by City,
Consultant/Engineer must provide a detailed schedule analysis explaining the nature of
any disruption in Work that serves as basis for the claim, why City is responsible for any
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disruption and ensuing delay, and that the alleged delay was not concurrent with some
other delay in the Work.
12.1.4 If the amount of additional time to which Consultant/Engineer is
entitled cannot be readily ascertained at the time the claim is submitted, such calculations
will be submitted as soon as they are discernible. In any case, the detailed claim,
including all necessary supporting data, will be submitted to City's Representative no later
than thirty (30) days after completing the item of Work on which the claim is based.
12.2 DISPUTE RESOLUTION. If a dispute arises out of or relates to this
Agreement or its breach, the parties shall endeavor to settle the dispute first through direct
discussions. If the dispute cannot be settled through direct discussions, any actions
arising under this Agreement shall be instituted at the Superior Court for the State of
Alaska at Anchorage. This Agreement shall be governed by and construed in accordance
with the laws of the State of Alaska. No claim, dispute, or controversy shall interfere with
the progress and performance of Work required under this Agreement, and
Consultant/Engineer shall proceed as directed by City in all instances with its Work.
13. MISCELLANEOUS PROVISIONS
13.1 INTEGRATION. The Contract Documents represent the entire and
integrated Agreement between the parties, and supersede prior negotiations,
representations, or agreements, either written or oral. The Contract Documents may be
amended or modified only by the procedure set forth herein.
13.2 INTERPRETATION. The rule of construction that terms of an agreement
are construed against the party that drafted the agreement shall not apply to this
Agreement.
13.3 INDEPENDENT CONSULTANT/ENGINEER. Consultant/Engineer acts as
an independent contractor to City and is not an agent, partner, or in a joint venture with
the City in the performance of this Agreement. Consultant/Engineer shall exercise
exclusive control for the means, methods, techniques, and procedures in performance of
the Work.
13.4 ASSIGNMENT. Neither City nor Consultant/Engineer shall assign their
interest in this Agreement without the written consent of the other except as to the
assignment of proceeds.
13.5 SEVERABILITY. The partial or complete invalidity of any one or more
provisions of this Agreement shall not affect the validity or continuing force and effect of
any other provision.
13.6 COUNTERPARTS. This Agreement may be simultaneously executed in
several counterparts, each of which will be an original and all of which will constitute but
one and the same instrument.
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13.7 TITLES. The titles given to the Articles and Paragraphs of this Agreement
are for ease of reference only, and shall not be relied upon or cited for any other purpose.
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IN WITNESS WHEREOF, this Agreement has been duly executed as of the date
first written above.
CITY CITY OF SEWARD
Date: By:
Scott Meszaros, City Manager
Attest:
Brenda Ballou, MMC, City Clerk
CONSULTANT/ENGINEER: GovRates, INC
Date: By:
Bryan A. Mantz, President
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Sponsored by: PACAB
RESOLUTION 2019-002
RESOLUTION OF THE SEWAR A PORT AND C::".0 R "
ADVISORY BOARD (PACA RECOMMENDING COUNCIL
I "I Il+l)I�1Zlly lfl PROCEED,I WITH COMPREHENSIVE I«'I AND
SEWER RATE STUDY
WHEREAS,EAS, P CA 's responsibilities are listed In C°C 2,30.325 Powers and Duties
and includes providing input to the Council on policy and procedural rnatters involving the
establishment and continuance. cal` y, i�aaprcuviuu glue wgsaaality ��f lillr and protecting
c,eaaa r�nea c i aal activity,v i t�
the public's hest interest, and
"RERE S, the, last formal rate study ccaanpieted for the Water and Sewer bates was in
1993, and before that the last format rate study Nvas completed in 1983; and
WHEREAS, since 1993 the C°ity experienced significant growth and changing
consumption patterns; and
Lg WIJEI :EAS, City Staff" reviewed with recommendations and Council at juasted rates in
subsequent years to the hest of their ability; and
'I1EREA: ,additional growth and needed expansion of both these utilities is expected In
upcoming years; and
WHEREAS, a cornpaelaensive rate study slumild at as nuinirrauni inc:,lude, an analysis cut' 1
Revenue Requirements, ) Cost of ery ce, ) Rate Design; and
WHEREAS,:EAS, prior to implementation the Public should have at least one opportunity to
comment on the recommended rates including the level of'rate increases, impact can individual and
groups of'customers, and cquestia:ans in regards to the methodology; and
WHEREAS, PACA13 could be used as the forurn foi-they rate study public process prior to
final Council Approval of new rates.
NOW, "I`I 1RE C I E, BE IT RESOLVED E by the 11ort a nd C:((mitre ce Advisory Board.
that:
Section I. PACAB rec,cuminends Council a eathorize and l-Ircaceed with s Clomprehensive
Water and Sewer late Study in 2019.
rSection 2. ' has resolution shall take effect in mediaately upoll its adoption.
94
Port and Commerce Advisory Board
Resolution 2019-02
PASSED AND APPROVED by the Port and (11 ommerce Advisory Board of the City of'
Seward, Alaska this 2nd day 01'J�IfWary, 2019.
741 E ('11"Y OF SEWARD, ALASKA
x
ChristeffalTerj-y, Chair
AYES: flughes, Schneider, Paquette, Lernas,, Terry
NOES:
ABSENT: Jarfill, Lawrence
ABSTAIN:
VACANT:
ATTEST-
r J enda vnda J. .'allouj,,, MC.
City Clerk
(City Sea Of SEIV
lob
ISEAL
A
" (10 4
OF,
95