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HomeMy WebLinkAboutRes2021-122 Sponsored by: Bower CITY OF SEWARD,ALASKA RESOLUTION 2021-122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN ENGINEERING CONTRACT WITH MOFFAT&NICHOL TO ENGINEER, DESIGN,PERMIT,BID SUPPORT AND CONSTRUCTION SERVICES FOR THE PLACEMENT OF A 5-TON PUBLIC CRANE ON I-DOCK IN AMOUNT NOT TO EXCEED$102,234.00 WHICH INCLUDES A 10%CONTINGENCY AND APPROPRIATING FUNDS WHEREAS, in most harbors,public cranes are used by vessel owners to load and unload gear and fish; and WHEREAS, the Seward Boat Harbor does not currently have any public cranes in the Seward harbor; and WHEREAS, construction of a public use crane is on the 2020 and 2021 Harbor Capital Improvement list as approved by City Council in Resolution 2019-108: and 1111 WHEREAS, a fixed crane offers a safer and more flexible alternative than using boom trucks; and WHEREAS,Moffatt&Nichol did the feasibility study for this crane location in 2015 which was approved by council in resolution 2015-042; and WHEREAS,up to a five-ton crane on the I dock is the preferred alternative; and WHEREAS,the City requested Moffat&Nichol to provide a proposal for the engineering, design,permitting,bid support and construction services for this project; and WHEREAS, Moffatt and Nichol provided a proposal in the amount of$92,940.00; and WHEREAS, Seward City Code § 6.10.120A (8) exempts professional services including accounting,architectural,appraisal,engineering,land surveying,and other specialized service from the otherwise applicable provisions of that Title requiring competitive procurement procedures;and WHEREAS, the city requests a 10% contingency in the amount of $9,294.00 for any unforeseen issue that could arise. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: CITY OF SEWARD, ALASKA RESOLUTION 2021-122 Section 1. Authorize the City Manager to enter into an engineering contract with Moffat& Nichol for the inspection, design permitting, bid assistance and services during construction for a five-ton crane on I-dock. Section 2. Funding in the amount of$102,234.00 is hereby appropriated from the Harbor undesignated reserve account 11000-0000-3400 to contracted services account 11000-2000-7009. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward,Alaska,this 8th day of November 2021. T • 9 CI ► I F Ti , ' : • .ASKA fiAildil WWI" Christy Terry, M.8 o 411111111111 AYES: McClure, DeMoss, Casagranda, Calhoon, Terry AO I 1 NOES: None ABSENT: Osenga ABSTAIN: None VACANT: One ATTEST: Brenda J. Ballo , MMC City Clerk .....euuaa,,. F SE q� (City 1•Q.,....•,,� •.% • • SEAL • r ir• ,,, �Q, . OF P . '" City Council Agenda Statement Meeting Date: November 8, 2021 To: City Council Through: Janette Bower, City Manager From: Norm Regis, Harbormaster Agenda Item: Resolution 2021-122: A Resolution of the City Council of the City of Seward, Alaska, Authorizing the City Manager to Enter into an Engineering Contract with Moffat & Nichol to Engineer, Design, Permit, Bid Support and Construction Services for the Placement of a 5-Ton Public Crane on I-Dock in Amount not to Exceed $102,234.00 which includes a 10% Contingency and Appropriating Funds Background and justification: The users of the Seward Boat harbor have for many years urged the city to purchase and install a public crane in the Seward harbor to be used for loading and unloading gear and fish. In 2013 a preliminary report was completed, but there were no funds budgeted to complete the project at that time. On January 12, 2015, council approved resolution 2015-002 to approve the final design of up to a five-ton public crane on the I-dock. The city went out to bid for a feasibility study for up to a five-ton crane on I-dock, with Moffatt & Nichol winning the bid which was approved in resolution 2015-042. The feasibility study was completed and was determined that a five-ton crane on the I-dock was the best location for a public use crane in the Seward harbor. The 5-ton crane located in the Seward harbor has been on the CIP list for many years. A 10-ton crane was installed on the North dock located at SMIC, but this location will not work for all the users in the Seward harbor. With the possibility of infrastructure funding coming to the State and City of Seward, part of the recommendations is that the projects need to be shovel ready. This is a perfect opportunity to finally have a public use crane in the Seward harbor. With Moffat&Nichol completing the feasibility study in 2015,the city would like to continue to work with Moffat & Nichol to see it's completion with a public use 5-ton crane on I-dock. If for some unforeseen reason the infrastructure funds do not come to fruition, we could use funds from the harbor undesignated reserves account to fund this project. 57 Consistency checklist: Comprehensive Plan: Maintain a thriving port of Seward through harbor improvements, infrastructure expansion, and implementation of management plans. (Page 16 3.5.1) Strategic Plan: Complete the renovation of the Boat Harbor. (Page 7) Other: N/A Fiscal note: Is this budgeted in the 2021 budget? ❑ Yes 0 No Funding is from: The harbor undesignated reserves account no. 11000-0000-3400. Finance Department approval: �l4 Attorney Review: Yes ❑ No 0 Not applicable ❑ Recommendation City Council approve Resolution 2021-122. 58 CITY OF SEWARD City Manager's Office P.O.Box 167 _ 907.224 4047 907.224.4038 fax 410 Adams Street citymu@cityofseward.net Seward,Alaska 99664 PUBLIC USE CRANE AT I DOCK CITY OF SEWARD SEWARD,ALASKA THIS original CONTRACT made on the _ of between the CITY OF SEWARD, ALASKA (the "City"), acting by and through the City Manager or other City authorized representative (its "Contracting Officer") and MOFFATT&NICHOL,its successors and assigns(the "Contractor")as follows: The Contractor,for and in consideration of the payment or payments herein specified and agreed to by the parties,hereby covenants and agrees to furnish all equipment, material, and labor required to complete the WORK according to the STATEMENT OF WORK described in the attached proposal and schedule of tasks (Attachment A). The Contractor further agrees to be bound by all representations of the Contractor in the Contract and take all necessary steps to remain in compliance with all such representations. The Contractor hereby agrees that the time and materials, not-to-exceed price set forth below, is full compensation for furnishing all equipment,material,and labor which may be required in the prosecution and completion of the whole work to be done under this Contract at a mutually agreed-upon schedule to be developed upon Notice to Proceed, and in all respects to complete the Contract to the satisfaction of the Contracting Officer. Contractor shall not be liable if there are delays in completion due to reasons beyond its reasonable control. The Contract payment shall not exceed NINETY-TWO THOUSAND, NINE HUNDRED AND FORTY/100S DOLLARS (S92,940.00) for all items. Payment will be made monthly based on demonstrated percentage completion of the project tasks within thirty (30) days upon City's receipt and approval of an invoice for work accomplished in accordance with Attachment A. The Contractor shall procure and maintain during the life of this contract, Worker's Compensation insurance, including Employer's Liability Coverage,in accordance with all applicable statutes of the State of Alaska. The Contractor shall procure and maintain during the life of this contract, Commercial General Liability Insurance on an "Occurrence Basis" with limits of liability not less than $1,000,000 per occurrence and $2,000,000 aggregate combined single limit, Personal Injury, Bodily Injury and Property Damage. Coverage shall include the following extensions: (A) Contractual Liability, (B) Products and Completed Operations, (C) Independent Contractors Coverage; (D) Broad Form General Liability Extensions or equivalent;(E)Deletion of all Explosion,Collapse and Underground(XCU)Exclusions,if applicable,(F)Per contract aggregate. The Contractor shall procure and maintain during the life of this contract,Professional Liability—Errors and Omissions Insurance on an"Claim Basis"with limits of liability not less than$1,000,000 per claim. The Contractor shall procure and maintain during the life of this contract Motor Vehicle Liability Insurance, including applicable No-Fault coverages, with limits of liability not less than $1,000,000 per occurrence combined single limit Bodily Injury and Property Damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. The following shall be Additional Insureds under General Liability: The City of Seward, including all elected and appointed officials, all employees and volunteers, all boards, commissions and/or authorities and their board members, employees,and volunteers. This coverage shall be primary to the Additional Insureds,and not contributing with any other insurance or similar protection available to the Additional Insureds, whether other available coverage be primary, contributing or excess. Worker's Compensation Insurance, Commercial general Liability Insurance and Motor Vehicle Liability Insurance, as described above, shall include an endorsement stating the following: "Thirty (30) days Advanced Written Notice of Cancellation shall be sent to: City of Seward,Engineering Department,P.O.Box 167, Seward,AK 99664. Page 1 of 2 61 The Contractor shall provide the City of Seward at the time contracts are returned for execution,Certificates of Insurance and/or policies,acceptable to the City of Seward,as listed below: a. One(1)copy of Certificate of Insurance for Worker's Compensation Insurance b. One(1)copy of Certificate of Insurance for Commercial General Liability Insurance c. One(1)copy of Certificate of Insurance for Vehicle Liability Insurance d. One(1)copy of Certificate of Insurance for Professional Liability-Errors and Omissions Insurance If so requested, copies of all policies shall be furnished, excluding confidential information. If any of the above coverages expire during the term of this contract,the Contractor shall deliver renewal certificates and/or polices to the City of Seward at least ten(10)days prior to the expiration date. To the fullest extent permitted by law, Moffatt & Nichol agrees to defend, indemnify, and hold harmless the City of Seward, its elected and appointed officials, employees, and volunteers against any and all liabilities, claims, demands, lawsuits,or losses,including costs and attorney fees incurred in defense thereof,to the extent caused by the negligent act or omission of Contractor in performance of professional services under this contract. The Contractor further covenants and agrees that all of the work and labor shall be done and performed in the customary workmanlike manner and that all material and labor shall be in conformity in every respect with the governing standards and practices of the Contractor's industry (`Standard of Care")and if any materials or product shall be rejected by the Contracting Officer as defective or unsuitable,then such materials shall be removed or replaced with other approved materials and the labor shall be done anew,to the satisfaction of the Contracting Officer,at the cost and expense of the Contractor. The Contractor further covenants and agrees that the tasks outlined in Attachment A will be done to the complete satisfaction of the City,and in accordance with the laws of the State of Alaska and the City of Seward. It is specifically understood and agreed that no claim for additional work or materials,done or furnished by the Contractor and not specifically provided for herein,will be allowed by the Contracting Officer,nor shall the Contractor do any work or furnish any material not covered by this Contract,unless such work is ordered in writing by the Contracting Officer. In no event shall the Contractor assert any claims against the City by reason of verbal directions or instructions given by the Contracting Officer or his representatives,nor will the City be liable for any material furnished or used,or for any work or labor done, unless the materials,work, or labor are required by the Contract or on written order first being given by the Contracting Officer. Any such work or materials which may be done or furnished by the Contractor without written order first being given shall be at the Contractor's own risk,cost,and expense and the Contractor hereby covenants and agrees to make no claim for compensation for work or materials done or furnished without such written order. The Contractor may not assign or delegate the Contract, without written approval by the City. The Contractor is an independent contractor and is not an employee or agent of the City. IN WITNESS WHEREOF the parties hereto have executed this Agreement, effective the day and year first above written. CITY OF SEWARD,ALASKA MOFFATT&NICHOL Janette Bower Shaun McFarlane,PE City Manager Vice President ATTEST: Brenda Ballou City Clerk (Seal) Attachments: A. Statement of Work B. Insurance Certificates Page 2 of 2 62