HomeMy WebLinkAboutRes2004-010
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Sponsored by: Shealy
CITY OF SEWARD, ALASKA
RESOLUTION 2004-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO INCREASE THE
FUNDING FOR WM. J. NELSON & ASSOCIATES BY $103,512 TO PAY
FOR COMPLETION OF THE ENVIRONMENTAL PERMITTING
ENGINEERING, THE RIGHT-OF-WAY PLANS, AND TO PERFORM THE
CONSTRUCTION ADMINISTRATION AND INSPECTION AND THE
PROJECT CLOSEOUT OF THE NORTH FOREST ACRES LEVEE
WHEREAS the City of Seward has been working toward a solution to the flooding problems
in North Forest Acres and the lowlands south of that area; and
WHEREAS the City, with the assistance of the Natural Resources Conservation Service
(NRCS), has completed a portion of the levee necessary to protect this area and is now in a position
to seek permits for the remainder of that levee; and
WHEREAS the City has worked with consultant, William J. Nelson and Associates, to
comply with all NRCS and other resource agency requests for additional information, coordination,
and route identification/development/study has continually sought resource agency and public
involvement to move this project forward; and
WHEREAS city staff has negotiated with William J. Nelson and Associates to complete the
tasks necessary to finalize permitting, prepare right-of-way plans, bid, administer and inspect
construction, and close project out upon completion of construction and requests an increase in the
William J. Nelson and Associates contract of $103,512.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The City Manager is authorized to increase the contract with William J.
Nelson and Associates by $103,512 to cover related expenses for completion of tasks necessary to
finalize and coordinate environmental permitting, generate plans and documents to obtain right-of-
way, conduct construction bidding, administer and inspect construction of, and closeout the project.
Section 2.
666-6660-5390.
Funding for this project is to be from NRCS Flood Mitigation Project Account
Section 3.
This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 26th day
of January, 2004.
CITY OF SEWARD, ALASKA
RESOLUTION 2004-10
THE CITY OF SEWARD, ALASKA
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Vanta Shafer, Vice Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
Clark, Valdatta, Amberg, Branson, Dunham, Shafer
None
Brossow
None
ATTEST:
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Agenda Statement
Meeting Date: January 12, 2004
Through: Phil Shealy, City Manager
From: Gerry Welsh, Manager of Engineering and Construction
Agenda Item: Resolution 2004-10, Engineering/Design Contract on the
North Forest Acres Levee/Road Project
BACKGROUND & JUSTIFICATION:
The City Council has previously appropriated funds from the Natural Resources Conservation Service
(NRCS) Flood Mitigation Project Account 666-6660-5390 for the Engineering/Design work on the
North Forest Acres Levee/Road project in the amount of $264,371 (Original Contract - resolution no.
99-118, $190,000 and Additional Environmental Service change orders - resolutions 2001-088 for
$61,371 and 2002-026 for $13,000). This project has been pursued in two basic forms: initially the
already-completed upper Japanese Creek Levee and the remaining road/levee were programmed as
one project, but as permitting problems threatened to delay the entire project, the City separated it
into two separate projects so the obstacles to permitting the road/levee portion between Dimond
Blvd. and Seward Highway could be tackled separately, allowing the upper levee construction to
proceed.
The road/levee project is now nearing the permitting phase. The City of Seward has received a
FONSI (Finding of No Significant Impact) letter from the NRCS, which gives the City and its
consultant the go-ahead to pursue permitting. Now that the FONSI is in hand, staff has directed the
consultant to finalize construction and right-of-way plans for the preferred alignment and to apply for
the permits which will allow construction. When those permits are in hand, the City will proceed with
right-of-way acquisition and project letting.
The City contracted with William J. Nelson and Associates (Nelson) in August, 1999 to perform the
design of the entire project; the project is now in its fifth year of work since its inception. In the
period since entering into that contract delays resulting from environmental permitting process have
made necessary the expending of additional funds. The Engineering Department has worked from the
beginning of the project with Nelson to ensure that the demands placed on them and their
environmental partner, HDR, Inc., by the environmental resource agencies have not caused additional
delays. Repeated meetings called by the funding and permitting resource agencies, changes in those
agencies’ personnel, and difficulties in arriving at a mutually acceptable route for the road/levee have
pushed this project to its current five-year schedule. Support by agencies who have opposed the
alignment preferred by the City and the NRCS is not guaranteed, but staff and Nelson are hopeful that
receipt of the FONSI will lead to permitting so that construction documents can be finalized, right-of-
way can be acquired, and project construction can proceed.
The original contract with Nelson included nine separate task items with fee proposals for each:
Project Kickoff Meeting; Surveying and Mapping; Geotechnical Investigation; Hydrologic
Study/Project Management; NEPA (Environmental) Permitting; Construction Drawings; Bidding;
Construction (Management); and Project Closeout – totaling $185,203, for which $190,000 was
appropriated. The City agreed to allow the funds for Bidding, Construction Management/Inspection,
and Project Closeout ($77,202) to be utilized for any engineering services related to the splitting of
the project, the development of the several additional alternatives, coordination of resource agency
and public meetings, and repeated timeline extensions related to complications and delays of both the
upper and remaining lower portions of the project. This was done to expedite the project as it
progressed toward acceptance by NRCS of a final Environmental Document (the EA and FONSI
which the City has now received). This allocation of funds from task items which have not yet been
performed makes it necessary to issue a change order so that those tasks can be performed.
Additionally, the Engineering Department has identified tasks which were not included in the original
Scope of Services in the Nelson contract and asked Nelson to provide a quote to provide those
services. This includes work to identify and describe required right-of-way and easement parcels,
survey work to develop maps and drawings for use in acquiring that property, preparing the actual
right-of-way drawings, and performing the remaining work necessary to complete environmental
permitting. The total quote for these additional items is $26,310.
Tasks from original approved agreement with Nelson
Bidding $6,920
Construction including Administration, Inspection, Materials Testing and Permit 65,178
Compliance
Project Closeout including As-Built Drawings and Certification of Final Payment 5,104
SUBTOTAL $77,202
Additional identified tasks and work performed
William J. Nelson and Associates (Finalize drawings and specifications) 9,465
HDR, Inc. (Remaining work on contract, permit prep/submittal/coordination) 7,495
Cline & Associates (Preparation of Right-of-Way Drawings) 9,350
SUBTOTAL $26,310
TOTAL $103,512
Right-of-way acquisition will be undertaken under a different contract with a different consultant that
will have to be negotiated after right-of-way plans are available and the necessary environmental
permits are in hand.
Consistency Checklist Yes No
1. Comprehensive Plan X
2. Strategic Plan X
3. Other N/A
FISCAL NOTE:
There is no anticipated impact to the City’s Budget, as all costs are born by the Flood Mitigation
Project Account 666-6660-5390, with funds of $213,200 remaining for pre-construction expenses.
Approved by Finance Department:____________________________
Kris Erchinger, Finance Director
RECOMMENDATION:
City Council approve Resolution 2004-