HomeMy WebLinkAboutRES2023-085 Alaska Tree Service CITY OF SEWARD,ALASKA Sponsored by: Regis
RESOLUTION 2023-085
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH AK TREE SERVICE, LLC, FOR THE PURPOSE OF
CLEARING TRANSMISSION LINE CORRIDORS AS ASSIGNED BY THE
CITY'S ELECTRIC UTILITY IN AN AMOUNT NOT TO EXCEED
$350,000
WHEREAS, AK Tree Service has contracted with the City for the past two years and has
conducted extensive clearing in the worst sections of the City's transmission line corridors; and
WHEREAS, when heavy clearing in assigned sections is completed in 2023, the City's
transmission line corridors will be caught up and future maintenance efforts—conducted on a
regular schedule—will be more manageable and less expensive: and
WHEREAS,the primary sections remaining to be cleared are between Milepost 18(Snow
River Bridge)and MP 19.5 of the Seward Highway,and between MP 7 and MP 10(Grouse Lake)
of the Seward Highway; and
WHEREAS, clearing work conducted by AK Tree Service in 2023 will begin in early
August and run through October 31; and
WHEREAS, clearing work completed over the past two years has helped decrease power
outages on Seward's electric system by nearly 75 percent; and
WHEREAS,funding for this contract is including in the operating budget.
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 a contract with AK Tree
Service, LLC to complete heavy clearing on the City's remaining transmission line corridors.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND APPROVED by the City Council of the City of Seward,Alaska,this 24th
day of July 2023.
THE CITY OF SEWARD,ALASKA
Sue McClure, Mayor
CITY OF SEWARD, ALASKA
RESOLUTION 2023-085
AYES: Osenga, Calhoon, Wells, Barnwell, DeMoss, McClure
NOES: None
ABSENT: Finch
ABSTAIN: None
�t U u 111♦
ATTEST: ‘`pF $EW,q •,��
z
is3Kris Peck • :
City Clerk • %•, •• Q
•
•
(City Seal) �'*S qT~� F ;' '�•
City Council Agenda Statement
Meeting Date: July 24, 2023
I l(
To: City Council
Through: Norm Regis, Interim City Manager -
From: Rob Montgomery, General Manager-Electric
Agenda Item: Resolution 2023-085:Authorizing The City Manager To Enter Into A Contract With
AK Tree Service,LLC,For The Purpose Of Clearing Transmission Line Corridors
In Targeted Area In A Not-To-Exceed Amount Of$350,000
Background and justification:
In 2021,the City's electric utility conducted a Request for Proposal and contracted with AK Tree Service for
two years.Over those two years,AK Tree Service completed clearing of transmission line corridors along the
Seward Highway and along Nash Road. Much of this work was in difficult terrain and required extensive
clearing,with many tall trees requiring individual climbers in order for the trees to be taken down.
The previous clearing work conducted by AK Tree Service has helped the City reduce system power outages
by nearly 75 percent.Once the clearing work in 2023 is completed,the City's transmission line corridors will
be caught up.Moving forward,it will be much easier for the corridors to be maintained on a regular schedule
by City of Seward Electric crews. It will be necessary every few years to bring AK Tree Service or another
contractor into Seward to maintain the most difficult sections of the transmission line corridors.
In 2023,AK Tree Service will be assigned transmission line sections between MP 18 (Snow River)and MP
19.5 of the Seward Highway and between MP 7 and MP 10 ofthe Seward Highway around Grouse Lake.The
clearing of these sections will be another step in providing more reliable electric service to the Seward area in
the future. Funding for this contract was already included in the Operating Budget.
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: S 350,000
This legislation(✓):
Creates revenue in the amount of: $
X Creates expenditure in amount of: $ $350,000
Creates a savings in the amount of: $
Has no fiscal impact
Funds are (✓):
X Budgeted Line item(s): 15000-3004-7009
Not budgeted
Not applicable
Finance Director Signature: 3 A
V IV
90
Attorney Review✓ Administration Recommendation
X] Yes X Adopt Resolution
Not applicable Other:
91
CM OF SEWARD City Managers Office
I'.(). 167 907.22 l ]017 907.221.1038 h\
IlftA(hins SlIvO ditrm�r±<itrulyGr:u<L��rt
!�rrr.r[I,.1laskci ft!�filil _ -
PROFESSIONAL SERVICES CONTRACT
RIGHT-OF-rV AY CI,EAR]NG SERVICES
CITY OF SEWARD
5ENVARD,ALASKA
THIS original CONTRAC`I' shade on the 24th of July. 2023 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 Sentice, 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
parties, hereby covenants and agrees to funiish all equipment, material, and labor required to complete the
WORK.according to the attached STATEMENT OF WORK. 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 no later than October 31, 2023 and in all
respects to complete the Contract to the satisfaction of the City.
The Contract payni ni shall not exceed three-hundred-and-fifty-thousand dollars ($350,000) for all items
over a three-month period beginning August 1, 2023 and concluding October 31, 2023. 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 prior written approval of the City.
The Contractor shall procure and maintain during the life of this contract, Worker's Compensation
insurance, includine Fniployer"s Liability Coverage, in accordance with all applicable statutes of the State
of Alaska.
The Contractor shall procure and maintain during (lie life of this contract, Commercial General Liability
Insurance on an "Occurrence Basis" with limits of liability not less than S2,000,000 per occurrence and/or
aggregate combined single litnit, 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 F°xtensions or equivalent; (E)
Deletion of all Explosion, Collapse and Underground (XCU) Exclusions. if applicable; (F) Per contract
aggregate.
The Contractor shall procure and maintain through contract life Motor Vehicle Liability Insurance,
including applicable No-fault coverages, with limits of liability not less than S1,000,000 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
2023 ROW Clearing Page ] of 2
94
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, or Non-renewal, or Amendment shall be sent to: City of
Seward,Engineering Department,P. O.Box 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:
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;
e. If so requested,Certified Copies of all policies shall be furnished.
If any of the above coverages expire during the terns 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, 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 the governing standards and practices of the industry and if any Work
shall be rejected by the Contracting Officer 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 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 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.
2023 ROW Clearing Page 2 of 3
95
Claims by the City resulting from Contractor's failure to comply with the terms of and specifications of
this Agreement and/or default hereunder may he recovered 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 soon as practicable after 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 the City to enforce the same or
any other provision in the event of any subsequent breach or default.
The terms, 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 further force and effect. No modification of this Agreement shall be of any force or effect
unless reduced to writing, signed by both parties and expressly made a part of this Agreement.
IN WITNESS WHEREOF the parties hereto have executed this Agreement, effective the day
and year first above written.
CITY OF SEWARD,ALASKA AK Tree Service,LLC
City Manager Principal
ATTEST: IL rr
Brenda Ballou
City Clerk
(Seal)
Attachments: Statement of work
2023 ROW Clearing Page 3 of 3
96
RIGHT-OF-WAY CLEARING
2023
Statement of Work:
Beginning in August 2023, AK Tree Service will conduct clearing work on behalf of
the City of Seward on targeted transmission line corridors. In addition to heavy
clearing of the corridors, the assignment will include working with Seward Electric
personnel to identify potential "trouble" trees along the corridors for removal.
Also, based upon budget, some clean-up assignments along distribution line
corridors may be assigned.
As such, AK Tree Service shall be retained for the express purpose of:
1) Performing heavy clearing and "trouble" tree removal on Seward
Electric's transmission corridor between Milepost 18 (Snow River Bridge)
to MP 19.5 of the Seward Highway.
2) Performing heavy clearing and "trouble"tree removal on the Grouse Lake
transmission corridor between MP 7 and MP to of the Seward Highway.
3) Completing distribution line clearing as assigned by the Seward Electric
crew foreman.
4) Trees dropped during clearing work will be cut into lengths to meet U.S.
Forestry requirements.
5) Seward Electric representatives will participate in planning and safety
meetings as necessary to set priorities and monitor work.
6) The contract will run through October 31, 2023 or until assigned work is
completed.
7) Payment will be made to the contractor every two weeks upon receipt of
invoice and inspection by Seward Electric of completed work.
8) Contractors must adhere to industry approved standards and comply with
local, state and federal rules and best practices.
97