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HomeMy WebLinkAboutRes1995-003 . . . Sponsored by: Jones CITY OF SEWARD, ALASKA RESOLUTION NO. 95-003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ACCEPTING GRANTS FROM THE DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES TO UPGRADE THE HARBOR ELECTRICAL SYSTEM AND TO REPLACE "X" FLOAT WHEREAS, the Alaska Department of Transportation and Public Facilities has approved grants to the City of Seward in the amount of $247,500 for upgrade of the harbor electrical system and $450,000 for replacement of "X" float; and WHEREAS, the Transfer of Responsibilities (TORA) agreements between the State of Alaska and the City of Seward must be approved by resolution of the City Council; and WHEREAS, it is in the public interest to approve said agreements to allow the transfer of the grant funds to the City of Seward; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The TORA for upgrade of the harbor electric system, Project Name "Seward Harbor Electric" and Project Number 51378, is hereby APPROVED and grant funds in the amount of $247,500 are hereby ACCEPTED. A copy of the TORA is attached and incorporated herein by reference. Section 2. The TORA for replacement of "X" float, Project Name "Seward Harbor "X" Float Replacement and Project Number 51379, is hereby APPROVED and grant funds in the amount of $420,000 are hereby ACCEPTED. A copy of the TORA is attached and incorporated herein by reference. 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 9th day of January, 1995. THE CITY OF SEWARD, ALASKA ll~ w--- C~ Dave W. Crane, Mayor . . . CITY OF SEWARD, ALASKA RESOLUTION NO. 95-003 AYES: NOES: ABSENT: ABSTAIN: ATTEST: Anderson, Crane, Darling, Deeter, King, O'Brien, Sieminski None None None (City Seal) " . . . PROJECT NAME: SEWARD HARBOR ELECTRIC PROJECT NUMBER: 51378 TRANSFER OF RESPONSIBILITIES AGREEMENT BETWEEN THE STATE OF ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES AND CITY OF SEWARD This agreement, effective upon execution by the State of Alaska, Department of Transportation and Public Facilities (hereinafter called the State) and the City of Seward (hereinafter called the Municipality). The State and the Municipality are entering into this agreement pursuant to Alaska Statute (AS) 3515.080, et seq., and any regulations promulgated thereunder. The Municipality's coordinator for this agreement is Foster Singleton. The State's coordinator for this agreement is Laurie Dilley. Each party agrees to notify the other party of any change in the coordinator. Whereas funds have been appropriated by the Legislature, under Chapter 5 SLA 92, Page 42, Line 9, for the project described in Appendix A of this agreement and, whereas the Municipality has submitted a resolution to the State requesting that the Municipality be allowed to assume all responsibility for the planning and construction of the project described in Appendix A (hereinafter referred to as "the project"), the parties mutually agree as follows: 1. The Municipality agrees to assume all responsibilities heretofore held by the State relating to the planning and construction of the project described in Appendix A, which is hereby incorporated and made a part of this agreement. 2. The Municipality agrees to comply with all applicable codes, statues, and regulations of the State of Alaska. 3. The State agrees to transfer the funds appropriated by the Legislature for the project to a special account in the State Treasury. The funds transferred to this special account for the Municipality shall not exceed a total of Two Hundred Fourty Seven Thousand Five Hundred Dollars ($247,500.00). The State and the Municipality agree that any costs required to be incurred for the completion of this project in excess of the above amount will be paid by the Municipality. 4. The procedure to be followed by the Municipality in drawing on the special account referred to in Paragraph 3 is set out in Appendix B. which is hereby incorporated and made a part of this agreement. 1 PROJECT NAME: SEWARD HARBOR ELECTRIC PROJECT NUMBER: 51378 5. The Municipality agrees to indemnify and hold harmless the State of Alaska and its agents and employees from and against any and all claims. damages, losses. and expenses arising out of the Municipality's assumption of the responsibilities for the planning and construction of the project set forth and descnbed in Appendix A. 6. The Municipality shall coordinate all regulatory agency reviews and obtain all necessary written approvals from all regulatory agencies. 7. The Municipality has the duty of providing for and overseeing all safety orders, precautions, and programs necessary to ensure the reasonable safety for the planning and construction of the project. In this connection, the Municipality shall take reasonable precautions for the safety of all project employees and all other persons whom the project might affect, and shall inspect all work and materials incorporated into the project, and all property and improvements on the construction site and adjacent thereto. 8. The Municipality shall forward copies of the design development documents to the State. If anything in these documents conflicts with the project described in Appendix A or is found to be in violation of any statute code, or regulation, the Municipality will be notified that further progress payments of project funds are in jeopardy and will not be paid by the State until those conflicting aspects are corrected. 9. The Municipality shall submit a quarterly status and expenditure report to the State. The first report shall be due at the end of the quarter in which the agreement has been executed and subsequent reports shall be due every three months thereafter until project completion. 10. The Municipality, upon completion of the project, shall provide the State With the final expenditure report, certified by the Municipality, of all costs incurred in the accomplishment of the project. 11. The Municipality shall furnish to the State a copy of the as-built draWings and certification that the project was constructed per approved construction document, codes, and regulations, and per changes to those documents as represented on the as-built drawings and specifications. 2 ~ . . . PROJECT NAME: SEWARD HARBOR ELECTRIC PROJECT NUMBER: 51378 12. The MUnicipality recognizes that 002 MC 45 010 establishes specific audit requirements for agreements executed after August 1, 1985 The MUnicipality agrees to be immediately subject to the audit requirements as set forth In the Alaska Administrative Code 02 MC 45010 The State retains the nght to audit the project any time within three (3) years upon written notice to the Municipality All project records shall be maintained by the Municipality for three (3) years after the date of project acceptance. 13. Within sixty (60) days of the issuance of the final audit report to the State or sixty (60) days after acceptance by the State that the Municipality has met the requirements of this agreement, the Municipality will return the full amount of the grant, less legitimate project expenses, to the State of Alaska 14. Responsibility for the maintenance and operation of the project shall be borne by the Municipality. 15. If, through any cause, the Municipality shall fail to fulfill in a timely and proper manner its obligations under this agreement, or if the Municipality shall violate any of the covenants or stipulations of this agreement, and if, after notification by the State of such failure or violation, the Municipality fails to take proper corrective action within a reasonable time, the State shall thereupon have the right to terminate this agreement by giving written notice to the Municipality of such termination and specifying the effective date thereof. Such notice shall be given at least fifteen (15) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports, construction matenals, and any construction completed by the Municipality under this agreement shall, at the option of the State, become the State's property and the Municipality shall be entitled to receive just and equitable compensation for any satisfactory work completed. Notwithstanding the above, the Municipality shall not be relieved of any liability to the State for damages sustained by the State by virtue of any breach of the agreement by the Municipality and the State may withhold any payments to the Municipality for the purpose of setoff until such time as the exact amount of damages due the State from the Municipality is determined. 16. The Municipality may appeal, to the Commissioner of the Department of Transportation and Public Facilities the State's determination that the Municipality is In violation of this contract or that it has failed to fulfill its responsibilities In a timely and proper manner. Such an appeal must be made within ten (10) days of the date the Municipality is notified of the State's decision to terminate the contract. Pending resolution of the appeal, not work will proceed on the project. 3 PROJECT NAME: SEWARD HARBOR ELECTRIC PROJECT NUMBER: 51378 The Commissioner's decision shall be final. 17. If, due to changed circumstances, the State or the Municipality wishes to terminate this agreement prior to Its completion, the initiating party shall notify the other party in writing of its reasons for requesting the early termination This request must be made at least fifteen (15) days prior to the proposed termination date. If both parties agree that it is In their mutual best interest to terminate this agreement early, all finished or unfinished documents and other materials as described in Paragraph 15 above shall, at the option of the State, become the State's property If the agreement is terminated as provided herein, the Municipality shall be reimbursed for those actual expenses not otherwise reimbursed under this agreement which were incurred by the Municipality during the agreement period and which are directly attributable to the Municipality's performance of this agreement. The state shall also reimburse the Municipality in honoring convenience termination clauses in this agreements with its contractors as long as these clauses conform to the standard convenience termination clause used by the State for similar type contracts. 18. This agreement shall be governed by the laws of the State of Alaska. 19. The Municipality and any contractor engaged by the MUnicipality shall comply with the provision of Alaska Statute Title 35, Alaska Statutes Title 36, AS 44.27.060 and Alaska Administrative Code Title 17, and any other statutes or regulations governing the department's legal responsibilities in constructing public works. In addition, the Municipality shall require compliance with all Federal, State, and local laws, regulations, and ordinances relating to civil rights. All contractors shall take necessary and reasonable steps in accordance with federal regulations (49 CFR, Part 23), to ensure that DBEs and WBEs shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of federal or state-funded contracts. 20. To the extent the Municipality itself performs any work covered by this Agreement, the Municipality agrees to comply with all laws, regulations, and ordinances referred to in Paragraph 19 above. 21. The Municipality shall ensure that none of the funds paid under thiS Agreement will be used for the purposes of lobbYing activities before the Alaska State Legislature. 22. Unless changed by prior written notice, any notices reqUired by thiS Agreement must be sent to the following addresses 4 . . . . PROJECT NAME: SEWARD HARBOR ELECTRIC PROJECT NUMBER: 51378 STATE: Grant Administration Unit Division of Design and Construction Department of Transportation and Public Facilities P.O. Box 196900 Anchorage, Alaska 99519-6900 MUN IC IP ALlTY: City of Seward P O. Box 167 Seward, Alaska 99664 23. This Agreement may not be assigned by the Municipality without written consent of the State. 24. The failure of the State to insist in anyone or more instances upon strict performance by the Municipality of any provision or covenant in this agreement may not be considered as a waiver or relinquishment of the provision or covenant for the future. The waiver by the State of any provision or covenant in this Agreement cannot be enforced or relied upon by the Municipality unless the waiver is in writing and signed on behalf of the State. 5 PROJECT NAME: SEWARD HARBOR ELECTRIC PROJECT NUMBER: 51378 25. This Agreement may be modified or amended by written Agreement signed by both parties. APPROVALS: Authorized Signature for Municipality Title Date Authorized Signature for State Director, Design and Construction, Central Region Date 6 , . . . PROJECT NAME: SEWARD HARBOR ELECTRIC PROJECT NUMBER: 51378 APPENDIX A A. Scope of Work: Fund the design of a new electrical system and correct the most pressing deficiencies and life/safety issues including: 1. Design a new upgraded electrical system. 2. Replace three electrical distribution centers with new marine grade electrical distribution centers including replacement of transformers, master breaker box, 140 feet of submarine cable, and new distribution center at the head of the float. 3. Repair or replace the most critical individual power stations as funding allows. B. Estimated Cost by Phase: Cost Design and Administration Equipment $ 25,000 $222,500 TOTAL $247,500 C. Estimated Project Schedule: Design Advertisement Start of Construction Construction Completion Date December 31, 1994 January 31, 1995 March 1, 1 995 Ocoter 1995 7 PROJECT NAME: SEWARD HARBOR ELECTRIC PROJECT NUMBER: 51378 APPENDIX B Payment Schedule: 20% $ 50,000.00 Initial payment for design upon execution of agreement. 75% $185,000.00 Upon completion of design and state review. 5% ($12,500.00) Will be retained by the State until final project acceptance. The amount of the final payment will equal the total allowable expenditures, up to a maximum of $247.500, less what has already been paid to the Municipality. 8 . . . . Project Name: Seward Harbor "X" Float Replacement Project Number: 51379 TRANSFER OF RESPONSIBILITIES AGREEMENT BETWEEN THE STATE OF ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES AND CITY OF SEWARD This agreement, effective upon execution by the State of Alaska, Department of Transportation and Public Facilities (hereinafter called the State) and the City of Seward (hereinafter called the Municipality). The State and the Municipality are entering into this agreement pursuant to Alaska Statute (AS) 35.15.080, et seq., and any regulations promulgated thereunder. The Municipality's coordinator for this agreement is Foster Singleton. The State's coordinator for this Agreement is Laurie Dilley. Each party agrees to notify the other party of any change in the coordinator. Whereas funds have been appropriated by the Legislature, under Chapter 79, SLA 93, Page 21, Line 8, for the project described in Appendix A of this agreement, and whereas the Municipality has submitted a resolution to the State requesting that the Municipality be allowed to assume all responsibility for the planning and construction of the project described in Appendix A (hereinafter referred to as "the project"), the parties mutually agree as follows: 1. The Municipality agrees to assume all respcnsibilities heretofore held by the State relating to the planning and construction of the project described in Appendix A which is hereby incorporated and made a part of this Agreement. 2. The Municipality agrees to comply with all applicable codes, statutes, and regulations of the State of Alaska. 3. The State agrees to transfer the funds appropriated by the Legislature for the project to a special account in the state treasury. The funds transferred to this special account for the Municipality shall not exceed a total of Four Hundred Twenty Thousand dollars ($420,000.00). The State and the Municipality agree that any costs required to be incurred for the completion of this project in excess of the above amount will be paid by the Municipality. 4. The procedure to be followed by the Municipality in drawing on the special account referred to in paragraph 3 is set out In Appendix B, which is hereby incorporated and made a part of this Agreement. 1 Project Name: Seward Harbor "X" Float Replacement Project Number: 51379 5. Prior to the advertisement for bids, the Municipality must obtain the State's approval of the land interest in the project site, pursuant to AS 35.15110 The Municipality agrees not to advertise for bids for the project or enter into contract negotiations concerning the project until such approval by the State is forthcoming. 6. The Municipality agrees to indemnify and hold harmless the State of Alaska and its agents and employees from and against any and all claims, damages, losses, and expenses arising out of the Municipality's assumption of the responsibilities for the planning and construction of the project set forth and described in Appendix A. 7. The Municipality shall coordinate all regulatory agency reviews and obtain all necessary written approvals and permits from all regulatory agencies. 8. The Municipality has the duty of providing for and overseeing all safety orders, precautions, and programs necessary to ensure the reasonable safety for the planning and construction of the project. In this connection, the Municipality shall take reasonable precautions for the safety of all project employees and all other persons whom the project might affect, and shall inspect all work and materials incorporated into the project, and all property and improvements on the construction site and adjacent thereto. 9. The Municipality shall submit a quarterly status and expenditure report to the State. The first report shall be due at the end of the quarter in which the agreement has been executed and subsequent reports shall be due every three months thereafter until project completion. 10. The Municipality, upon completion of the project, shall provide the State with the final expenditure report, certified by the Municipality, of all costs incurred in the accomplishment of the project. 11. The Municipality shall furnish to the State a copy of the as-built drawings and certification that the project was constructed per approved construction document, codes, and regulations, and per changes to those documents as represented on the as-built drawings and specifications. 12. The Municipality recognizes that Alaska Administrative Code 002 AAC 45010 establishes specific audit requirements for agreements executed after August 1, 1985 The Municipality agrees to be immediately subject to the audit requirements as set forth in the 02 AAC 45010 The State retains the right to audit the project any time within three (3) years upon written notice to the 2 . . . Project Name: Seward Harbor "X" Float Replacement Project Number: 5137'1 13. Municipality. All project records shall be maintained by the Municipality for three (3) years after the date of project acceptance Within sixty (60) days of the issuance of the final audit report to the State or sixty (60) days after acceptance by the State that the Municipality has met the requirements of this Agreement, the Municipality will return the full amount of the grant, less legitimate project expenses, to the State of Alaska. 14. Responsibility for the ownership, maintenance, and operation of the project shall be borne by the Municipality. Revenue generated from the new float shall continue to be treated as State Harbor revenue until the expiration of the Seward Harbor Management Agreement on October 31,2004. 15. If, through any cause, the Municipality shall fail to fulfill in a timely and proper manner its obligations under this agreement, or if the Municipality shall violate any of the covenants or stipulations of this agreement, and if, after notification by the State of such failure or violation, the Municipality fails to take proper corrective action within a reasonable time, the State shall thereupon have the right to terminate this agreement by giving written notice to the Municipality of such termination and specifying the effective date thereof. Such notice shall be given at least fifteen (15) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports, construction materials, and any construction completed by the Municipality under this agreement shall, at the option of the State, become the State's property and the Municipality shall be entitled to receive just and equitable compensation for any satisfactory work completed. Notwithstanding the above, the Municipality shall not be relieved of any liability to the State for damages sustained by the State by virtue of any breach of the agreement by the Municipality and the State may withhold any payments to the Municipality for the purpose of set-off until such time as the exact amount of damages due the State from the Municipality is determined. 16. The Municipality may appeal, to the Commissioner of the Department of Transportation and Public Facilities, the State's determination that the Municipality is in violation of this contract or that it has failed to fulfill its responsibilities in a timely and proper manner. Such an appeal must be made within ten (10) days of the date the Municipality is notified of the State's decision to terminate the contract. Pending resolution of the appeal, no work will proceed on the project. The Commissioner's decision shall be final 3 Project Name: Seward Harbor "X" Float Replacement Project Number: 51379 17. If, due to changed circumstances, the State or the Municipality wishes to terminate this agreement prior to its completion, the initiating party shall notify the other party in writing of its reasons for requesting the early termination. This request must be made at least fifteen (15) days prior to the proposed termination date. If both parties agree that it is in their mutual best interest to terminate this agreement early, all finished or unfinished documents and other materials as described in paragraph 15 above shall, at the option of the State, become the State's property If the agreement is terminated as provided herein, the Municipality shall be reimbursed for those actual expenses not otherwise reimbursed under this agreement which were incurred by the Municipality during the agreement period and which are directly attributable to the Municipality's performance of this agreement. The state shall also reimburse the Municipality in honoring convenience termination clauses in any agreements with its contractors, as long as these clauses conform to the standard convenience termination clause used by the State for similar type contracts. 18. This agreement shall be governed by the laws of the State of Alaska. 19. The Municipality and any contractor engaged by the Municipality shall comply with the provision of Alaska Statute Title 35, Alaska Statutes Title 36, AS 44.27.060 and Alaska Administrative Code Title 17, and any other statutes or regulations governing the department's legal responsibilities in constructing public works. In addition, the Municipality shall require compliance with all federal, state, and local laws, regulations, and ordinances relating to civil rights. All contractors shall take necessary and reasonable steps in accordance with federal regulations (49 CFR, Part 23), to ensure that DBEs and WBEs shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of federal or state-funded contracts. 20. To the extent the Municipality itself performs any work covered by this Agreement, the Municipality agrees to comply with all laws, regulations, and ordinances referred to in paragraph 19 above. 21. The Municipality shall ensure that none of the funds paid under this Agreement will be used for the purposes of lobbying activities before the Alaska State Legislature. 4 . . . Project Name: Seward Harbor "X" Float Replacement Project Number: 51379 22. Unless changed by prior written notice, any notices required by this agreement must be sent to the following addresses: STATE: Grant Administration Unit Division of Design and Construction Department of Transportation and Public Facilities P.O. Box 196900 Anchorage, Alaska 99519-6900 Municipality: City of Seward P.O. Box 167 Seward, Alaska 99664 23. This agreement may not be assigned by the Municipality without written consent of the State. 24. The failure of the State to insist in anyone or more instances upon strict performance by the Municipality of any provision or covenant in this agreement may not be considered as a waiver or relinquishment of the provision or covenant for the future. The waiver by the State of any provision or covenant in this agreement cannot be enforced or relied upon by the Municipality unless the waiver is in writing and signed on behalf of the State. 5 Project Name: Seward Harbor "X" Float Replacement Project Number: 51379 25. This agreement may be modified or amended by written agreement signed by both parties. APPROVALS: Authorized Signature for Municipality Title Date Authorized Signature for State Director, Design and Construction Date Central Region 6 Project Name: Seward Harbor "X" Float Replacement Project Number: 51379 . APPENDIX A A. Scope of Work: Fund the replacement of the main transient float ("X" float) at the Seward Small Boat Harbor. The State will design and prepare plans and specifications for a 15~foot by 750-foot wooden float that can be fabricated on site by harbor personnel. The Municipality will obtain necessary permits, manage the material purchase contract, fabricate the floats, manage the pile driving contract and place the floats. The Municipality will also install water and electri<<al utilities on the float. The Municipality will also salvage the old "X" float and use it elsewhere in the harbor. The Municipality will contribute funds from harbor revenues exceeding the $420,000 of the grant needed to complete the project. B. Estimated Cost by Phase: Cost . Design (State provided $30,000) Float Material Contract $225,000 Construction Floats $ 45,000 Pile Driving Contract (State Grant Share) $150,000 Total TORA Amount $420,000 City's contribution excluding utilities $ 74,000 C. Estimated Project Schedule: Date Advertise Materials Contract March 1, 1995 Materials Contract Award April 15, 1995 Materials Delivery July 15, 1995 Pile Driving Contract Advertisement July 15, 1995 Start of Construction October 5, 1995 Project Completion June 3D, 1996 . 7 Project Name: Seward Harbor "X" Float Replacement Project Number: 51379 APPENDIX B Payment Schedule: 60% $252,000 Upon Notification of Design Completion (State Harbors Design) 20% $105,000 Upon Notification of Materials Delivery 15% $ 63,000 Upon Notification of Start up of Construction 5% $ 21,000 Upon Project Acceptance 8