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HomeMy WebLinkAboutRes2023-109 New Fence for Electric Sponsored OF SEWARD,ALASKA by: Sorensen RESOLUTION 2023-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH MCKINLEY FENCE COMPANY TO CONSTRUCT A NEW SECURITY FENCE AROUND THE SPRING CREEK SUBSTATION AS PART OF THE ELECTRIC UTILITY'S LARGER TRANSMISSION INFRASTRUCTURE PROJECT, IN THE AMOUNT OF $87,943 AND APPROPRIATING FUNDS WHEREAS, Seward Electric reached out to three fence companies within Alaska and McKinley Fence Company was the only company to respond; and WHEREAS, the new security fence for the Spring Creek Substation is part of the larger transmission infrastructure project that got underway in 2023; and WHEREAS, the fence is necessary to expand the footprint of the substation to accommodate an additional transmission transformer and other new equipment; and WHEREAS, the fence will be built to meet industry specifications to help ensure public safety and security; and WHEREAS, McKinley Fence Company 'successfully completed a project for Seward Electric in 2021 with the construction of a security fence around the Fort Raymond Substation. NOW,THEREFORE,BE IT RESOLVED B\'THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The City Manager is hereby authorized to enter a contract with McKinley Fence Company to construct a new security fence around the Spring Creek Substation located on Nash Road. Section 2 Funding of$87,943 is hereby appropriated from account no. 15000-0000-3710 Electric Enterprise Fund transferred to the Electric Critical Infrastructure Fund to 15340-0000- 8101 Infrastructure Expense account. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska,this 25th day of September 2023. CITY OF SEWARD, ALASKA RESOLUTION 2023-109 J THE CITY OF SEWARD, ALASKA Sue McClure, Mayor AYES: Wells, Osenga, Finch, Barnwell, Calhoon, McClure NOES: None ABSENT: DeMoss ABSTAIN: None ATTEST: Kris Peck City Clerk ss•`OF,SEils 'si„ (City Seal) .••,�'l Qp"'`�,q� I�'•, ra • SEAL ! - -.-- •. ��t ' ' ✓ENE 1,\c;`.04- .` /EOF P\-%Os 1''�rrtivess ", City Council Agenda Statement Meeting Date: September 25,2023 To: City Council Through: Kat Sorensen, City Manager From: Rob Montgomery, General Manager-Electric Subject: Resolution 2023-109: Authorizing the City Manager to enter into a contract with McKinley Fence Company to construct a new security fence around the Spring Creek Substation as part of the electric utility's larger transmission infrastructure project,in the amount of$87,943 and appropriating funds Background and justification: In 2023, Seward Electric and its construction contractors began work on a transmission infrastructure project that will include the complete refurbishment of its three substations.As part of this effort,the Spring Creek Substation on Nash Road must be expanded to accommodate an additional transformer being moved from the Lawing Substation and other new equipment. This expansion will require a new security fence with an expanded footprint at the substation. McKinley Fence Company out of Anchorage was the only respondent to the utility's request for bids. Seward Electric has recent experience working with McKinley Fence,which successfully constructed the security fence at the Fort Raymond Substation in 2021. 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: $ 87,943 This legislation(✓): Creates revenue in the amount of: $ ✓ Creates expenditure in amount of. $ 87,943 Creates a savings in the amount of: $ Has no fiscal impact Funds are(✓): Budgeted Line item(s): ✓ Not budgeted Not applicable 139 Fund Balance Information Affected Fund(✓):15340-0000-8101 General SMIC Iq Electric Wastewater Boat Harbor Parking Water Healthcare Motor Pool Other Note:amounts are unaudited Available Fund Balance $ (465,367.48) Finance Director Signature: Attorney Review Yes Attorney Signature: ✓ Not applicable Comments: Administration Recommendation �✓ Adopt AM Other: 140 I CITY OF SEWARD City Managers Office P.O.Box 167 907.221 t017 (u)7.224.4038 fax 410 Adams Street 1 citvmkr O(M ofseward.net Seward,Alaska 99664 PROFESSIONAL SERVICES CONTRACT SECUITY FENCE INSTALLATION—SPRING CREEK SUBSTATION CITY OF SEWARD SEWARD,ALASKA THIS original CONTRACT made on the 26th of September 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 McKinley Fence Company,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 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 and in all respects to complete the Contract to the satisfaction of the City. The Contract payment shall not exceed eighty-seven nine hundred forty-three dollars($87,943.00)for all items,with work beginning in September or October 2023 and concluding within six weeks. Payment will include a 40% deposit of $35,177.2 to be paid at the beginning of the project,with the balance to be paid when the project is completed. All work shall be in accordance with the STATEMENT OF WORK, and 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, 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$2,000,000 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 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 through contract life 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 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, 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: Seward Electric—Spring Creek Substation Fence Page 1 of 2 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 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, McKinley Fence Company 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 Cit_v 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"ork 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 tier�k ork 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. 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 be recovered by City by withholding the amount of such claims from compensation otherwise due Contractor for%\ork performed or to be performed. Cit\ shall notify Contractor of any Such failure,default or damage therefrom as soon as practicable after discovery of such c%cnt 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. Seward Electric—Spring Creek Substation Fence Page 2 of 3 i IN WITNESS WHEREOF the parties hereto have executed this Agreement, effective the day and year first above written. CITALASKA McKinley Fence Company .411�rd Z6dyL City Manager Principal ATTEST: ••.• OF SEw Kris Peck City Clerk /0• C.� ;2G • (Seal) '1 - . SEAL Attachments: Statement of Work : ✓� p1 •'Q OF ''++.++a t�•`� Seward Electric-Spring Creek Substation Fence Page 3 of 3