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Home My WebLink AboutRes2010-113 Sponsored by: Oates CITY OF SEWARD, ALASKA low RESOLUTION 2010 -113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING CHANGE ORDER #9 TO THE CONTRACT WITH NELSON ENGINEERING, PC FOR CONSTRUCTION MANAGEMENT AND QUALITY CONTROL INSPECTION SERVICES FOR THE NORTH FOREST ACRES LEVEE /ROAD CONSTRUCTION PROJECT IN AN AMOUNT NOT TO EXCEED $90,500, AND APPROPRIATING FUNDS WHEREAS, following the 1995 flood of Resurrection River and Japanese Creek, FEMA sponsored a multi - 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 Imp WHEREAS, Nelson Engineering, PC (formerly "William J. Nelson and Associates ") ( "Nelson ") has been the engineer on Seward's levee project since 1999, and has facilitated the following phases of this project: completion of Phase I of the levee project from north to south along Japanese Creek, intersecting along the western boundary of Dimond Boulevard; installation of a culvert under the Seward Highway in conjunction with ADOT's upgrade of Third Avenue; the realignment of Japanese Creek; the installation of storm drain and associated drainage infrastructure under the Alaska Railroad tracks; various project- related services such as environmental assessment services, re- alignment scenarios and associated re- engineering required as a result of multiple changes to the proposed alignment, negotiations with numerous permitting agencies and stakeholders in the project, right -of -way and permit acquisition, utility re -route review; and finally, development of plans and specifications and request for proposal preparation and evaluation, in preparation for construction of the project; and WHEREAS, the Seward City Council has authorized a construction contract with Bristol Construction to construct the levee /road project, and the City desires to contract with Nelson Engineering, PC to provide construction management and quality control and inspection services through the duration of the construction phase of the project, as itemized on the attached proposal, to ensure that the project is constructed in accordance with the plans and specifications; and WHEREAS, Nelson and the City have mutually agreed to a reduction in fees of $30,000 (from $120,500 to $90,500), to reflect negotiations between the parties regarding past services provided. CITY OF SEWARD RESOLUTION 2010 -113 J 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 9 as presented at this meeting with Nelson Engineering, PC in the amount of $90,500. Section 2. The City contract with William J. Nelson and Associates is hereby assigned to Nelson Engineering, PC, due to a change in the name of the corporation. Section 3. The amount of $90,500 is hereby appropriated from the NRCS Flood Mitigation Project grant account no. 666 - 6662 -3050 to the contracted services account no. 666 - 6662 -5390. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 22nd day of November, 2010. THE CITY OF SEWARD, ALASKA li j / — ,A 0 illard E. Dunham, Mayor AYES: Valdatta, Smith, Keil, Shafer, Casagranda, Dunham NOES: None ABSENT: Bardarson ABSTAIN: None ATTEST: t �2 �.! L esy sea �g, Je Lewis � �,* a +, • *s Ci Clerk, CMC �� C (City Seal) '••.qE OF � �; .•• Council Agenda Statement ` #./ „tit. Meeting Date: November 22, 2010 qP Through: Phillip Oates, City Manage A From: Kristin Erchinger, Finance Director Agenda Item: Change Order No. 9 to Nelson Engineering, PC Contract BACKGROUND & JUSTIFICATION: Following the 1995 flood of Resurrection River and Japanese Creek, FEMA sponsored a multi- 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 Nelson Engineering, PC (formerly "William J. Nelson and Associates ") has been the engineer on the levee projects since 1999. His contract with the City has been modified eight 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. Nelson Engineering, PC prepared the drawings and specifications for construction of the North Forest Acres Levee/Road project, and worked with staff to develop and review the request for proposals for the construction contract. The City now requests their assistance to provide construction administration support and quality control and inspection services throughout the construction phase of the project, to ensure that the project is built in conformity with the designs and specifications, and to oversee quality control of the project. The City does not currently have an in -house project manager to manage this type of project. The proposal from Nelson Engineering, PC includes provision of the following services: review contractors submittals, shop drawings, material submittals, quality control test reports; provide interpretation and clarification of design drawings and specifications when questions arise; prepare documentation and process progress payments to ensure that work is completed upon submission of reimbursement requests; prepare necessary change orders and obtain proper approval from the City; respond to questions from federal and state agencies; perform final inspections and provide final inspection report; prepare as -built drawings for the project; provide certification of final project close -out and final payment to contractor; perform periodic site visits and construction inspection services (estimated at 70 days in the field); maintain inspection field report file documenting daily project progress; and document quantities of material used for unit price items. Mr. Nelson is uniquely qualified to perform these services on behalf of the City, because of the years he has devoted to the project, and due to the work that he did designing the project and associated specifications. The City and Mr. Nelson have mutually agreed to a reduction in the fees for these services of $30,000 (from $120,500 to $90,500) to reflect negotiations regarding past services provided. In addition, this overall fee for services represents 7.8% of the project construction cost, which is within the standard range for construction management services. CITY OF SEWARD RESOLUTION 2010 -1 PAGE TWO 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 $1.8 million in remaining funding available to complete this project. The base construction contract is approximately $1.2 million, leaving sufficient funding available to pay for the cost of construction management and quality control inspection services, utilizing grant funds. Approved by Finance: .iks..3 ATTORNEY REVIEW: Yes No - 1E O — P i) " RECOMMENDATION City Council authorize change order no. 9 to the contract with Nelson Engineering, PC, and appropriating funds in the amount not to exceed $90,500.