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HomeMy WebLinkAbout09072010 City Council Packet Seward City Council Agenda Packet of S Fst, o o f etwZt 1 4 �,P • Special CCouncil Meeting September 7, 2010 City Council Chambers Beginning at 6:00 p.m. The City of Seward, Alaska Special City Council Meeting September 7, 2010 6:00 p.m. Council Chambers Willard E. Dunham 1. Call to order Mayor 2. Pledge of allegiance Term Expires 2011 3. Roll call Jean Bardarson 4. Citizens' comments on any subject except those items Vice - Mayor scheduled for public hearing. [Those who have Term Expires 2010 signed in will be given the first opportunity to speak. Time is limited to 2 minutes per speaker and 30 minutes Robert Valdatta total time for this agenda item.] Council Member Term Expires 2011 5. Approval of agenda Tom Smith 6. New Business Council Member Term Expires 2011 A. Resolutions Vanta Shafer Council Member 1. Resolution 2010 -082, Authorizing A Sole Source Contract Term Expires 2011 With Metco, Inc. In An Amount Not To Exceed $237,300, To Supply And Install 36" Culverts And Manholes Under And Marianna Keil Adjacent To Approximately 700' Of Alaska Railroad Track, In Council Member Conjunction With Construction Of The North Forest Acres Term Expires 2010 Levee/Road Project, And Appropriating Funds. Linda Amberg 7. Council comment Council Member Term Expires 2010 8. Citizens' comments Phillip Oates 9. Council and administration response to citizens' comments City Manager 10. Adjournment Jean Lewis City Clerk Cheryl Brooking City Attorney City of Seward, Alaska Council Agenda September 7, 2010 SPECIAL MEETING REQUEST Pursuant to Seward City Code 2.10.030 (2), this is to serve as the written notice calling a Special Council Meeting for the purpose of: Resolution 2010 -082, Authorizing A Sole Source Contract With Metco, Inc. In An Amount Not To Exceed $237,300, To Supply And Install 36" Culverts And Manholes Under And Adjacent To Approximately 700' Of Alaska Railroad Track, In Conjunction With Construction Of The North Forest Acres Levee/Road Project, And Appropriating Funds. Signed this 3rd day of September, 2010. onc owie.4.6.4, Mayor iitilCity Manager 2 Council Members Upon this request the City Clerk will give due and proper notice as required by SCC 2.10.032 (No business shall be transacted other than stated above.) SEWARD CITY COUNCIL NOTICE OF SPECIAL MEETING September 7, 2010 �� o f s et, N IS HEREBY GIVEN that the Seward ' N '� City Council will conduct a special meeting on the 4 �ASK P following items of business on September 7, 2010. 1. Resolution 2010 -082, Authorizing A Sole Source Contract With Metco, Inc. In An Amount Not To Exceed $237,300, To Supply And Install 36" Culverts And Manholes Under And Adjacent To Approximately 700' Of Alaska Railroad Track, In Conjunction With Construction Of The North Forest Acres Levee/Road Project, And Appropriating Funds. The special meeting will commence at 6:00 p.m., or as soon thereafter as business permits, in the City Council Chambers, City Hall, 410 Adams Street, Seward. All interested persons are invited to attend the meeting and participate in the discussion; or, written comments may be sent to the City of Seward, c/o City Clerk, PO Box 167, Seward, AK 99664, or e- mailed to clerk @cityofseward.net. POSTED: Friday, September 3, 2010 at 4:00 p.m. City Hall Bulletin Board U.S. Post Office Harbormaster's Office Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2010 -082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING A SOLE SOURCE CONTRACT WITH METCO, INC. IN AN AMOUNT NOT TO EXCEED $237,300, TO SUPPLY AND INSTALL 36" CULVERTS AND MANHOLES UNDER AND ADJACENT TO APPROXIMATELY 700' OF ALASKA RAILROAD TRACK, IN CONJUNCTION WITH CONSTRUCTION OF THE NORTH FOREST ACRES LEVEE/ROAD PROJECT, AND APPROPRIATING FUNDS WHEREAS, the City of Seward is prepared to immediately begin construction of the North Forest Acres Levee/Road, and prior to construction, must complete two ancillary projects: 1) the relocation of the transmission line to facilitate work underneath the line; and 2) the installation of approximately 700 feet of 36" culvert and manholes on the east -side of the Seward Highway under the Alaska Railroad tracks, to provide drainage for any water that may accumulate on the south side of the levee /road once it is constructed; and WHEREAS, the funding for the construction of the North Forest Acres Levee/Road project was slated to expire September 30, 2010, with the construction project having been delayed due to difficulties in finalizing acquisition of one final parcel of property necessary for the project. The City received notification this week that funding is extended to June 30, 2011 but there will be no further opportunity to extend funding, so this railroad drainage project must proceed immediately prior to freeze -up in order for the levee /road construction to begin and be completed prior to the expiration of funding; and WHEREAS, the drainage system on the east -side of the Seward Highway and underneath the railroad tracks must be installed on the dates determined by the Alaska Railroad Corporation in order to avoid disruption to passenger and freight operations, since said project will require removal and reinstallation of railroad track; and WHEREAS, in order to meet the Railroad's requested timeline, all materials for the project must be ordered immediately in order to satisfy the lead time of no less than two weeks on the purchase of 36" culvert and manholes; and WHEREAS, the contractor on this project must have the capability of mobilizing immediately, must be able to offload and stage a single 84' section of 36" culvert pipe which is being barged to Seward, and store said pipe in preparation for the project, must have access to expedited purchasing of all drainage infrastructure materials, flexibility to adapt to the requirements of the Alaska Railroad for coordinating the project, availability of all necessary equipment, and must coordinate with Alascom to avoid disrupting the fiber optic line in this area; and WHEREAS, SCC §6.10.120A(2) authorizes an exemption from competitive procurement procedures in cases where "an emergency makes the delay incident to competitive bidding CITY OF SEWARD, ALASKA RESOLUTION 2010 -082 unreasonable ", and due to the immediate need to order the materials for the project to meet the tight construction schedule, there is insufficient time to conduct the advertising necessary to meet the standard competitive bid process; and WHEREAS, in accordance with Seward City Code 6.10.120, the City Council hereby finds that it is in the public interest to waive competitive procurement requirements and authorize a contract with Metco, Inc. in order to meet weather constraints, to meet time - constraints imposed by the Alaska Railroad, to immediately secure materials, and to prevent the expiration of federal funds for the project. 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 Metco, Inc. in the amount of $215,727, plus a contingency not to exceed 10% ($21,573) for a total amount not to exceed $237,300, for the purpose of constructing the railroad drainage system in conjunction with the North Forest Acres Levee/Road Project. Section 2. The Seward City Council hereby finds it in the public interest to waive the competitive procurement requirements per Seward City Code 6.10.120, based on the recitals above which are incorporated herein. Section 3. The city manager is hereby authorized to negotiate with the Alaska Railroad to reimburse their costs associated with this project, so long as those costs fall within the city manager's authorized spending limit. Section 4. This resolution shall take affect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, September 7th, 2010. THE CITY OF SEWARD, ALASKA Willard Dunham, Mayor COUNCIL AGENDA STATEMENT Meeting Date: September 7, 2010 f4- SFh• A Through: Phillip Oates, City Manager � �" `� From: Kristin Erchinger, Finance Director F"' " 4 s0 • Subject: Award of Contract for Railroad Drainage Project in conjunction with North Forest Acres Levee /Road Project BACKGROUND & JUSTIFICATION The City of Seward has been pursuing construction of the North Forest Acres Levee /Road for more than a decade. We have reached the point of preparing to bid the construction of the levee /road, but prior to construction, must relocate the transmission line above the levee /road in order to allow for safe construction activities to occur underneath the line, and must also install a drainage system to allow for the proper movement of any water accumulating on the south side of the levee, to minimize the potential for damage to the Alaska Railroad and Seward's industrial area on the ease side of the Seward Highway. Construction of the levee /road project has been repeatedly delayed due to challenges associated with securing all of the property necessary for the project. However, the federal funding earmarked for construction was slated to expire on September 30, 2010. This week, the City received final approval to extend these federal funds to June 30, 2011, but there will be no further opportunity to extend funding. This necessitates that the project be started immediately. In order to accomplish the installation of the drainage system prior to freeze -up, materials must be ordered immediately because there is a minimum two -week lead time to obtain the required culverts and manholes for the project. In addition, the City must complete the project according to the timeline determined by the Alaska Railroad Corporation in order to avoid disruption to passenger and freight operations, since the project requires removal and reinstallation of railroad track. The City desires to sole source this work to a local contractor, Metco, Inc., due to the very short window for construction. The complexities of the project require a knowledgeable contractor who has significant flexibility regarding access to materials, locally available equipment (in case there are any unforeseen complications), the ability to closely coordinate with local and regional Alaska Railroad engineers and personnel, and knowledge of the surrounding area. The project cannot be all completed at one time. A large single 84 foot section of 36" culvert pipe is being offloaded in Seward, and the contractor must have the equipment available locally to offload and store this material until the project is ready. The contractor must be flexible to accommodate the needs of the Railroad, so that they can construct portions of the project adjacent to the rail at a time that works best for the Railroad, so that mobilization and availability of personnel is best accomplished by a local contractor. The contractor have access to expedited purchasing of all drainage infrastructure materials, which Metco does, and must coordinate with Alascom to avoid disrupting the fiber optic line in this area. The Seward City Code §6.10.120A(2) authorizes an exemption from competitive procurement procedures in cases where "an emergency makes the delay incident to competitive bidding unreasonable ". The administration believes that because we must immediately order the materials for the project in order to CITY OF SEWARD RESOLUTION 2010 -o meet the tight construction schedule, there is insufficient time to conduct the advertising necessary to meet the standard competitive bid process, because once we had a contractor on- board, we will not have sufficient time for them to order the materials and have them delivered. We also feel that the public interest is best served by authorizing a contract with Metco, Inc. in order to meet the flexibility requirements of this project; to meet weather conditions, to provide personnel who are able to work when the timing is most appropriate to the railroad and the weather conditions, to ensure the availability of materials, and to ensure coordination so that there are no adverse impacts to the rail service of the Alaska Railroad, or the fiber optic service of Alascom. If approved, the tentative timeline will involve the immediate ordering of materials. The contractor will begin preparations for laying infrastructure immediately, adjacent to the railroad tracks. The largest culvert (single 84 foot section) will be delivered in Seward on September 20, with final removal of the railroad tracks on October 10, and replacement approximately October 11, 2010. Bidding for the construction of the North Forest Acres Levee/Road will be held in September, 2010. FISCAL NOTE The City of Seward will utilize grant funds from the National Resource Conservation Service for this project. Finance Department: __Jed # RECOMMENDATION Council approve Resolution 2010 -vgr approving a sole - source contract with Metco, Inc. for the railroad drainage project, and appropriating funds. RAILROAD DRAINAGE PROJECT AGREEMENT BETWEEN THE CITY OF SEWARD AND METCO, INC. This Agreement ( "Agreement ") is entered into by and between the City of Seward, Alaska ( "City ") whose address is P.O. Box 167, Seward, Alaska 99664, and Metco, Inc. (the "Contractor" or "Metco "), whose address is,„ ew,ard, Alaska 99664, (collectively, the "Parties'). ;'d k RECITALS A. WHEREAS, the Contractor has agreed to provide materials and construct and install approximately 700 feet of 36" culye, =and three manholes for the railroad drainage project in conjunction with the ; City of Seward's North Forest Acres Levee /Road Project; and B. WHEREAS, Contractor has agreed' to conduct said project according to required drawings and specifications pentitled NFA .Atorm Drain dated 08/27/10 and Project Manual North Forest Acres Levee Drain dated 08/27/10, for an amount not to exceed $215,727; and ` C. WHEREAX' has further agreed. to complete the project by ,. November 14, 2010 king pr ect cost Bible for reimbursement under existing City grant funds. vi NOW, THEREFORE, , j i �cQnsideratio of the foregoing, and of the mutual covenants an • nditio , ns„herein containe ,the Parties agree as follows: r. : :- PROVISIONS * ONTRACT P Contracto ereby to provide the materials and labor associated with cons the railroad drainage system on behalf of the City of Seward, according to; a drawings: �'d specifications identified above. 2. Co � r.hereby commits to providing all work they perform under this Agreement, within Iquoted price. 3. The City of Seward hereby agrees to pay Contractor within 30 days of receipt of invoice for all completed work, provided the Parties are in agreement on the portion of work completed. The total project cost will not exceed $215,727, without written authorization in the form of a change order. Page 1 RAILROAD DRAINAGE PROJECT AGREEMENT BETWEEN CITY OF SEWARD, ALASKA AND METCO, INC. , 4. This Agreement may be executed in any number of counterparts and by each party on a separate counterpart or counterparts, each of which when so executed and delivered shall be deemed an original and all of which taken together shall constitute but one and the same instrument. ADDITIONAL PROVISIONS 1. Contracting Officer: The Contracting Officer and t =only person authorized by the City to administer, modify, or change , isA greement is the City Manager or his designee. r, 2. Term of Work. The Contractor is authoriedd'to comme work immediately. This Agreement shall become effectiv ,t, k hen the last` s- •aired si nature is affixed hereto, and shall continue i orce and effec �r • u h November 15, 2010, or as mutually agreed i �`ttng by both parties.�,.g 3. Insurance. The Contractor shall pro � 4 w• ` compensation insurance at statutory limits, general liability and ;•actual liability insurance in the amount of Two Million , : - s ($2,000,0 r m total and One Million Dollars ($1,000,000) per occur,nc nand comphensive automobile liability insurance (covering bodily jury 'at• operty�amage including all owned, hired, and non owned vehicles) i ',- aumou ` of One Million Dollars ($1,000,000), • „urrence, ; t t *n - City a n additional named insured. The Contr o;o shal .• •vide c , .mates documenting all required insurance to the C • rior to ex $ °, ion oft , A greement. Such insurance must provide that Ci a,all be g �in Thirty ( days' notice prior to any cancellation, terminatio " no = , : • e policy. Contractor further agrees to provide ;, urance • ,red by theme Railroad permit which is attached to the pe fi. ns ci above, and to include the cost of such insurance in the ''°project co 4. Pok ndemnificati . Th ::,_... ontractor agrees to indemnify, defend, and hold ;= mless the CI k including its employees, officers, and agents) from any and a 4 ims, liab` -s, causes of action, and demands, of any character or natu ., hatsa -r, arising in favor of third parties and arising out of or relating • ,0 �; "Agreement or the performance of any Work or obligations hereund � .. 5. No Assignment. The Contractor may not assign its rights and benefits under this Agreement without the express prior written consent of the City. 6. Amendment. This Agreement may be amended, modified, or extended at any time by mutual agreement of the Parties. Any such amendment must be in writing, dated, signed by the Parties, as attached hereto. Page 2 RAILROAD DRAINAGE PROJECT AGREEMENT BETWEEN CITY OF SEWARD, ALASKA AND METCO, INC. r 7. Choice of Law and Venue. The Parties agree that this Agreement shall be governed by the laws of the State of Alaska, and venue for any dispute shall be in Anchorage, Alaska. 8. Entire Agreement. This Agreement contains the entire understanding and agreement between the Parties with respect to this matter. There are no other written or oral understandings or promises Ween the Parties with respect to the subject matter of this Agreement ! -r than those contained herein, and any prior oral or written understan• , g - re hereby extinguished. 9. No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms an $ ditions of thi= ' • reement, or the waiver of any breach of any of the s and conditions'cQf this Agreement, shall not be construed as thereafter � any such terms o •nditions, but the same shall continue and rei a * ", in full f and effect ` : o of no such forbearance or waiver had occurred." 4, x IN WITNESS WHEREOF, the iffirtiN have cau as 0 ,this Agreement to be executed and delivered by their respectivee r atives nto duly authorized. , o- ,. 1 ` n r Page 3 RAILROAD DRAINAGE PROJECT AGREEMENT BETWEEN CITY OF SEWARD, ALASKA AND METCO, INC. CITY: CONTRACTOR: CITY OF SEWARD, ALASKA METCO, INC. BY BY Phillip Oates, City Manager Its ATTEST: r .. r � UT'F Jean Lewis City Clerk, CM -,; .iY ,,,. ' • ,its :� 1: . %.fi $ , bra ''''''t`:1`..'_ , x y sM }k e x -- Ni -1,4,,, , 1,`s Page 4 RAILROAD DRAINAGE PROJECT AGREEMENT BETWEEN CITY OF SEWARD, ALASKA AND METCO, INC. City of Seward North Forest Acres Levee Storm Drain Basic Bid Schedule Item Description Estimated Unit Bid Total Quantity Price Bid 20.02 Type II Storm Water PPP 1 Per Lump Sum LS 6500 20.04 Clearing and Grubbing 1 Lump Sum All required 9519 20.13 Trench Excay. and Backfill -All depths 631 Per Linear Foot LF 19 11,989 20.16 Furnish Bedding Material, Class C 250 Per Ton Tons 13.50 3,375 20.21 -2 Type II Classified Fill/Backfill 1,100 Per Cubic Yard CY 10.00 11,000 20.23 Cobbles 20 Per Cubic Yard CY 40 800 20.29 Install Owner Furn.Pipe 36" diax3/4 "wall 84 Per Linear Foot LF 240 19,992 30.12 Construct Headwall 1 Per Each Ea 15,000 15,000 40.11 Remove and Replace Asphalt Surfacing 100 Per Square Yard SY 85 8,500 55.02(1) Fumish& Install 36" dia.x14 ga. Galy. CMP 631 Per Linear Foot LF 92 58,052 55.05 Construct Type II 6' dia. Manhole Each Ea 12,000 36,000 65.02(1) Construction Survey Measurement 1 . Per Lump Sum LS 5,000 5,000 70.10 Traffic Markings 1 Per Lump Sum LS 1,000 1,000 Page Total $ 186,727.00 C -6 City of Seward North Forest Acres Levee Storm Drain Bid Schedule A: 0 Item Description Estimated Unit Bid Total Quantity Price Bid 70.12 Traffic Maintenance Lum Sum 1 1,500 1,500 p LS 70.19 Silt Fence 600 15 9,000 Linear Foot LF SP -16 Mobilization /and Demobilization 1 5,000 5,000 Per Lump Sum LS SP -19 Force Account Work 1 $ 5,000.00 $ 5,000.00 Contingent Sum CS AKRR Special Insurance 1 Contingent Sum CS 8,500 8,500 Page Total $ 29,000.00 C-7 September ' X 10 Septe S- M T mber 2010 October 2010 , W T. F S S M T W T F S' 5 6 7 8 91011 3 4 5 6 7 8 9 12 13 14 15 ".16 17 18 10 11 12 13 14 15 16 19 20 21 22 23 24 25 17 18 19 20 21 22 23 26.27 28 29 30 24 25 26 27 28 29 30 31 _ Manila;Tuesda ednesda Thursda Freda Sa Sun q _ 4 r4 ". . PACAB Meeting -Canc r1.,r/ ,4 ,; : -% t x ... . J ..N s; f S a , ; ,) x0 r A , it Labor'Day (Offices °CI+ - , 9;+! 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