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HomeMy WebLinkAboutRes2022-075 AK Tree Services Add'l Appropriation Sponsored by: Bower CITY OF SEWARD,ALASKA RESOLUTION 2022-075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO APPROPRIATE ADDITIONAL FUNDING IN THE AMOUNT OF $300,000 FROM ELECTRIC RESERVES TO THE CONTRACT WITH AK TREE SERVICE, LLC TO COMPLETE TRANSMISSION RIGHT-OF-WAY CLEARING ON NASH ROAD AND TO REMOVE "DANGER" TREES ALONG TARGETED SECTIONS OF THE SEWARD HIGHWAY WHEREAS,the Electric Department entered into a contract with AK Tree Service in June 2021 via Resolution 2021-069 for up to 16 months to complete transmission right-of-way clearing along the Seward Highway near Moose Pass (MP 20 to MP 22.5) and in other targeted sections around Seward to improve service reliability and safety; and WHEREAS,in 2021,AK Tree Service completed the transmission right-of-way clearing work on the Seward Highway near Moose Pass(MP 20 to MP 22.5); and WHEREAS, in 2022,AK Tree Service has completed transmission right-of-way clearing on the Seward Highway between Grouse Lake Subdivision and the Bear Creek Fire Hall,including clearing work on the backside of Old Mill Subdivision; and WHEREAS, AK Tree Service has completed approximately 50 percent of the transmission clearing work identified on Nash Road with existing funding nearly exhausted; and WHEREAS,the Electric Department in 2022 would like AK Tree Service to complete the right-of-way clearing on Nash Road so that infrastructure construction work on Nash Road can begin as quickly as possible in spring 2023; and WHEREAS,the Electric Department in 2022 would also like to remove"danger"trees in targeted sections of transmission right of way along the Seward Highway,including sections where the Alaska Department of Transportation is conducting highway improvement work. 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 appropriate additional funding to the existing contract with AK Tree Service to complete right-of-way clearing along the Nash Road transmission line corridor and to remove targeted"danger"trees along the Seward Highway. Section 2. Funding in the amount of$300,000 is hereby appropriated from the 2022 budget from Electric reserves account no. 15000-0000-3400 to contracted services account no. 15000- 3004-7009. CITY OF SEWARD, ALASKA RESOLUTION 2022-075 Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 13t1 day of June, 2022. T E OF SKA risty Terry, ayor AYES: Osenga, McClure, Casagranda, DeMoss, Calhoon, Wells, Terry NOES: None ABSENT: None ABSTAIN: None ATTEST: renda J. Ballo , MMC City Clerk (City Seal 1; "S•'.., •••� OF SFji;.**s • :? • SEAL • : 1,11/4 ti • ••••1P):::•!ffve 1.10"............. .p\tk, City Council Agenda Statement Meeting Date: June 13, 2022 nip To: City Council Through: Janette Bower, City Manager From: Rob Montgomery, General Manager- Electric Agenda Item: Resolution 2022-075: Authorizing the City Manager to Appropriate Additional Funding in the Amount of$300,000 from Electric Reserves to the Contract with AK Tree Service, LLC, to Complete Transmission Right-of-Way Clearing on Nash Road and to Remove "Danger" Trees Along Targeted Sections of the Seward Highway Background and justification: In late June 2021, the Electric Department entered into a 16-month contract with AK Tree Service to conduct transmission right-of-way clearing along the Seward Highway near Moose Pass, with the primary or worst sections of right of way being between MP 20 and MP 22.5. AK Tree Service was able to complete this work in late fall of 2021. For 2022, AK Tree Service was assigned clearing work on the Nash Road transmission corridor—in anticipation of future infrastructure replacement work—and along Seward Highway between Grouse Lake Subdivision and Bear Creek Fire Hall. In addition, the Electric Department assigned AK Tree Service work to take down "danger" trees in targeted sections of the transmission corridor along the Seward Highway, particularly near Moose Pass where the Alaska Department of Transportation is conducting highway improvement work. AK Tree Service has completed the work along the Seward Highway near Bear Creek and nearly 50 percent of the clearing work necessary on Nash Road. However, with budgeted funds nearly exhausted, the Electric Department would like to have an additional $300,000 appropriated so that AK Tree Service can complete Nash Road work and the work to take down danger trees along the Seward Highway. This will ensure infrastructure construction work on Nash Road can begin as soos as possible in 2023 and that the removal of danger trees will help service reliability in the winter of 2022-23. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.7.1.4 "Continue to upgrade and expand utilities to meet existing needs and encourage future development." Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ 300,000 This legislation (✓): Creates revenue in the amount of: $ X Creates expenditure in amount of: $ 300,000 Creates a savings in the amount of: $ Has no fiscal impact Funds are (✓): Budgeted Line item(s): 15000-3004-7009 X Not budgeted Not applicable Unassigned Fund Balance and Available Unrestricted Cash Balance Information Fund (✓): General SMIC X Electric Wastewater Boat Harbor Parking Wat F1 Healthcare Motor Pool Other Unassigned Fund Balance*: $ 5,711,659.69 *unaudited numbers Available Unrestricted Cash Balance*: $ 9,078,060.72 Finance Director Signature: S Attorney Review,/ Administration Recommendation RxYes x Adopt Resolution Not applicable Other: MY OF SEWARD P.n.l3ox 1{i7 C*Managees Ofce 410 Ad<ut>s Street 90 .224.10-17 907.221.1038 f;tx i s�n�r+t�riri[ynfsr�c trcLt}c( St:rt:r<t,:11:r,,ka terra- PROFESSIONAL SERVICES CONTRACT RIGHT-OF-WAY CLEAR LNG SERVICES CITY OF SEWARD SEWARl),ALASKA THIS original CONTRACT made on the 29th of June,2021 between the CITY OF SEWARD.ALASKA (the"City"). acting by and through the City Manager or other City authorized representative(its "Contracting Officer')and AK Tree Service,LLC,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 parries,hereby covenants and agrees to famish all equipment, material, and labor required to complete the 1VORK according to the attached STATE1VIElVT OF WORK. The Contractor further agrees to be bound by all representations of the Contraclor in the Contract and take all necessary steps to remain in compliance with all such representations. The Contractor hereby agrees that the time and materiars,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 wort: to be done under this Contact no later than October 31, 2022 and in all respects to complete the Contract to the satisfaction of the City. The Contract payment shall not exceed five-hundred thousand dollars(S500,000) for all items over a 16-month perind beginning in July 2021 and concluding in October 2022. Payment will be made every two weeks upon receipt and approval of an invoice for work accomplished in accordance with the attached STATEMENT OF WORK.The amounts payable to Contractor shall not exceed the sums identified in this paragraph without the priorwritten approval ofthe City. 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 an an "Occurrence Basis"with limits of liability not less than S2,000,000 per occurrence and/or 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 lrorm Gcneral Liability Extensions or equivalent; (E) Deletion of all Explosion, Collapse and Underground (XCU) Exclusions, if npplicablc,(F)Per Contract nggres4ic, The Contractor shall procure and maintain through contract life Motor Vehicle Liability Insurance,including applicable Rio-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 on the General Liability and Motor Vehicle Liability Insurance:The City of Seward, including all elected and appointed officials, all employees and volunteers, all boards, commissions and/or authorities and their board members, employers, 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. Workers Compensation Insurance, Commercial general Liability Insurance and Motor Vehicle Liability Insurance, as described above, shall include an endorsement stating the f0110%ving: "Thirty(30) days Advanced Written Notice of Cancellation,or Non-renewal,or Amendment shall be sent to: City of Seward,Engineering Departmcn,P.O.Boa 167, Seward,AK 99664. 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: Seward Electric—Right-Df--Way Clearing Page I of 2 a. One(1)copy 0CCertificate of Insurance for Worker's Compensation Insuraacc; 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; C. If so requested,Certified Copies of all policies shall be furnished. If any or the above cuvcrages expire during the term of this contract,the Contractor shall deliver renewal cenilicates Undlor Polices to the City of Seward at least ten(10)days prior to the expiration date. To the fullest extent permitted by law,AK Tree Service,LLC agrees to defend,indemnify and hold harmless the City of Seward, its elected and appointed officials, employees, insurers and volunteers against any and all liabilities, claims, demands,lawsuits,or losses,including costs and attorney fees incurred in defense thereof;arising out of or in any way connected or associated with this contract. The Contractor further covenants and agrees that all of the work and labor shall be done and performed in the best and most workmanlike manner and that all material and labor shall be in strict and entire conformity in every respect with Use governing standards and practices of the industry and if any Work shall be rejected by the Contracting Offrcrr as defective or unsuitable, then such Work shall be corrected 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 1101 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. Tn no event shall the Contractor assert any claims against the City by reason of verbal directions or instructions given by the Contracting 011icer or his representatives,nor will the City be liable for any material furnished or used,or for any work or labor done,unless the rnalcrials,work,or labor are required by the Contract or on written order first being given by the Contracting Officer. Any such work or materials wbich may be done or famished by the Contractor without written order Cost being given shall be at the Contractor's own risk,cost,and expense and the Contracturhemby covenants and agrees to make no claim for compensation for work or materials done or famished without such written order. The Contractor may not assign or subcontract performance of this Contract,without written approval by the City. The Contractor is an independent contractor and is not an employee or agent of the City. Claims by the City resulting from Contractor's failure to comply with the terms of and specifications of this Agreement default hereunder may be to by City by withholding the amount of such claims from compensation,otherwise due Contractor for work performed or to be performed_ City shall notify Contractor of any such failure,default or damage therefrom as scan as practicable alter discovery of such event by written notice. Nothing provided herein shall be deemed as constituting an exclusive remedy on behalf of City,nor a waiver of any other rights hereunder at law or in equity. The venue of any legal action between the parties arising as a result of this Agreement shall be laid in the Third Judicial District of the Superior Court of the State of Alaska,at Seward,Alaska unless a non-waivable federal or state law requires otherwise.This Agreement shall be interpreted in accordance with the laws of the State of Alaska. No failure on the party of the City to enforce any covenant or provision herein contained,nor any waiver of any right hereunder by City, unless in writing and signed by the parties sought to be bound,shall discharge or invalidate such covenants or provisions or affect the right of die City to enforce the same or any other provision in the event of any subsequent breach or default The tcmns,conditions and covenants contained in this Agreement shall apply to, inure to the benefit of, and bind the parties and their respective successors. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof,and all prior negotiations and understandings are superseded and replaced by this Agreement and shall be of no fwthcr force and effect. No modification of this Agrec racnt sball be of any force or effect unless reduced to writing,signed by both parties and, expressly made a part of this Agreement. Seward Electric—Right-of-Way Clearing page 2 of 3 IN WITNESS WHEREOF the Parties u�riri above en. lleretO have executed this Agmement, effective the day and year that CITY Ut SEWARD,AL 5KA AK I rce Senicc.L�LC City anagrr Principal AA,rTr-S- 'Sou (Scat) Attachmenuc Stacernent of Wark q,k6il Jim :if M1 OF 4 Seward Electric—Mightof-«ray Clearing Page 3 of 3