Loading...
HomeMy WebLinkAboutRes2008-047Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2008-047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING CHANGE ORDER #7 TO THE CONTRACT WITH WM. J. NELSON AND ASSOCIATES FOR ENGINEERING AND CONSULTING SERVICES ON THE JAPANESE CREEK LEVEE FOR AN AMOUNT NOT TO EXCEED $35,241, AND APPROPRIATING FUNDS WHEREAS, following the 1995 flood of Resurrection River and Japanese Creek, FEMA sponsored amulti-agency task force to develop a comprehensive flood mitigation plan for flood risks associated with the waterways on the north end of Seward, with said task force comprised of representatives from the City of Seward, Kenai Peninsula Borough, Alaska Division of Emergency Services, Alaska Department of Transportation and Public Facilities, Alaska Railroad Corporation, FEMA, U.S. Army Corps of Engineers, National Resource Conservation Service, and the Alaska Department of Community and Regional Affairs; and WHEREAS, this FEMA task force released a final report in 1998, identifying five projects which, when implemented together, would protect Seward from future flooding in this area, with the construction of Japanese Creek levee being one of the critical components of a successful flood mitigation plan; and WHEREAS, William J. Nelson and Associates ("Nelson") has been the engineer on Seward's levee project since 1999, and facilitated the successful completion of Phase I of the levee project which Flows from north to south along Japanese Creek, intersecting along the western boundary of Dimond Boulevard. The contract with Nelson has been modified six times to add environmental assessment services, to account for re-engineering required as a result of multiple changes to the proposed alignment, to amend the prof ect Environmental Assessment, to participate in ongoing negotiations with numerous permitting agencies and stakeholders in the project, and other material matters involved in project design and implementation; and WHEREAS, the administration was unable to obtain support for permit applications on the alignment approved by the Seward City Council on April 23, 2007, and since that time, the administration has obtained Council approval to pursue new permit applications on the 2008 alignment as agreed to by the agencies at agency meetings held on Apri18 and April 16, 2008, with the understanding that failure to make substantial progress on this project by October, 2008, will result in loss of federal funds for the project; and WHEREAS, amendment no. 7 to the contract with Nelson covers the cost of attendance at recent agency meetings, finalizes engineering on the 2008 alignment, submits new permit ~, applications, negotiates mitigation alternatives with agencies, pursuesrights-of--way and property as CITY OF SEWARD RESOLUTION 2008-047 required by the project, coordinates permit approvals, updates drawings, and negotiates the tie-into the Seward Highway with ADOTPF. 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 approve contract change order number 7 as attached hereto, with William J. Nelson and Associates in the amount of $29,367.52. A contingency in the amount of 20% can be approved at the discretion of the City Manager, so long as the total amount of change order number 7 does not exceed $35,241. Section 2. The amount of $35,241 is hereby appropriated from the NRCS Flood Mitigation Project grant account no. 666-6660-3050 to the contracted services account no. 666-6660-5390. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 27cn day of May, 2008. THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor AYES: Dunham, Valdatta, Bardarson, Amberg, Smith, Kellar, Corbridge NOES: None ABSENT: None ABSTAIN: None ATTEST: ~~ ,r.. Jea Lewis - .•~ ~f s~~,~ ~•., • °csr"qrr Cit Clerk, C ' ~ ~~~'' ~~•° ~~:~' ~`''~~ ~ '°~, ~•. s 111 g»~,m" s ~ ~ 3 g s (City Seal) : s " ~~.~~~~-~ " ® ~ r -. ~ • ~ ~~ °: •~~Ilrrrell`•• Council Agenda Statement Meeting Date: May 27, 2008 Through: Phillip Oates, City Manage~~~ From: Kristin Erchinger, Finance Director ~~~ Agenda Item: Change Order No. 7 to William J. Nelson & Associates Contract BACKGROUND & JUSTIFICATION: Following the 1995 flood of Resurrection River and Japanese Creek, FEMA sponsored amulti-agency task force to develop a flood mitigation plan to reduce flood risks in Seward. The flood mitigation task force released a final report in 1998, identifying construction of a levee along north and west Forest Acres, as the most significant mitigation effort. Bill Nelson of William J. Nelson and Associates has been the engineer on the levee projects since 1999. His contract with the City has been modified six times to add environmental assessment ("EA") services, permit acquisition, public information workshops, agency negotiations, and re-engineering and staking as a result of multiple changes to the proposed alignment. Mr. Nelson has more longevity on this project than any other single individual, and his knowledge and expertise relative to the project is invaluable to the City's successful completion of this project. Mr. Nelson attended the City Council work session on March 24, 2008 to discuss the challenges we have faced in achieving progress on the alignment which Council endorsed in Resolution 2007-041 passed on Apri123, 2007. In addition, he attended meetings in Anchorage on April 8 and April 16, with officials representing the City, US Army Corps, DNR, US Fish & Wildlife, Fish & Game, FEMA, the Kenai Peninsula Borough, the state's floodplain manager, DOTPF, NRCS, NOAA NMFS, and Office of Habitat & Permitting. In these meetings, all parties discussed the exact alignment parameters, and the process for re-submitting permit applications. As a result, Mr. Nelson and his team must finalize engineering on this alignment, update drawings, prepare new permit applications, coordinate permit approval, pursue property acquisition, address mitigation measures, etc. In addition, Mr. Nelson and Ms. Reich participated in the above meetings which were not within the scope of previously approved change orders. The estimated cost of this work, including contingency, is $35,241. CONSISTENCY CHECKLIST Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE The City has approximately $1.7 million in grant funds from the National Resource Conservation Service to pay the remaining costs of the levee project, plus State funds of approximately $900K, as well as potential funding in the preliminary State budget which may be subject to veto by the Governor. Total project costs are estimated at ill' , inc uding construction costs and property acquisition costs. Approved by Finance: ` ~~„~~;~ '~'~'~,~ ~~~~ RECOMMENDATION City Council authorize change order no. 7 to the contract with William J. Nelson and Associates, and appropriate funds in the amount of $35,241.