HomeMy WebLinkAboutRes1990-138
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Sponsored by: Schaefermeyer
CITY OF SEWARD, ALASKA
RESOLUTION NO. 90-138
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, APPROVING AN AGREEMENT BETWEEN
THE CITY OF SEWARD AND THE UNITED STATES GOVERNMENT
FOR LOCAL COOPERATION FOR THE LOWELL CREEK TUNNEL
REHABILITATION PROJECT
WHEREAS, the Lowell Creek Tunnel sustained heavy damage during
the 1989 flood; and
WHEREAS, emergency repair of the tunnel invert of the Lowell
Creek Flood Control Project was authorized by Public Law 84-99
(June 28, 1955) as amended; and
WHEREAS, federal funding for the Corps' portion of the repair
work is contingent upon local participation and Council approval of
and "Agreement for Local Cooperation"; and
WHEREAS, the Council has previously appropriated the city's
share of the cost of the tunnel repair;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The Local Cooperation Agreement for Lowell Creek
Tunnel Rehabilitation Project, a copy of which is attached and
incorporated herein by reference, is hereby APPROVED.
Section 2. This resolution shall take effect immediately upon
its adoption.
PASSED AND APPROVED by the City Council of the city of Seward,
Alaska, this 29th day of October, 1990.
THE CITY OF SEWARD, ALASKA
AYES:
NOES:
ABSENT:
ABSTAIN:
BURGESS, DUNHAM, KRASNANSKY, MEEHAN, NOLL, SIEMINSKI
NONE
HILTON
NONE
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 90-138
ATTEST:
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(City Seal)
APPROVED AS TO FORM:
Perkins Coie, Attorneys for the
city of Seward, Alaska
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Fred B. Arvidson
City Attorney
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Agreement Between
'!he United states of Anerica
am
'!he City of Seward, Alaska
For IJ:x::al COoperation for the
IOOELL. mEEK TUNNEL REHABILITATION PIDJOCI'
'!HIS AGREEMENl', entered this ~ day of November , 1990, by am
between the UNITED Sl'A'l'ES OF AMERICA (hereinafter called the "Government"),
represented by the Contracting Officer executing this agreement, and the CITY
OF SEWARD, Alaska (hereinafter called the "city"), represented by its City
Council,
WTINFSSEI'H THAT:
WHEREAS, emergency repair of the turmel invert of the Lowell Creek F10cxi
Control Project, Seward, Alaska, is authorized by Public Law 84-99 (Jillle 28,
1955) as anen:led; and
WHEREAS, the City hereby represents that it has the authority and
capability to furnish such assurances as required urrler the provisions of 33
U.S.C. 701c;
NCM'lHEREFORE, tile parties agree as follows:
1. That, upon notification that the Goverrnnent will commence
construction of the Lowell Creek 'I\mnel Rehabilitation Project urrler a
standard Corps of Engineers construction contract in accordance with Federal
legislation authorizing such Rehabilitation Project, the City shall, in
consideration therefore, fulfill the requirements of non-Federal oooperation
as follows:
a. Provide without cost to the Goverrnnent all lands, easements, and
rights-of-way necessary for the Rehabilitation Project, including material
borrCM sources, and access thereto;
b. Acconplish without cost to the Goverrnnent all alterations and
relocations of streets, utilities, am other public structures, and
inprovements necessary for construction of the Rehabilitation Project;
c. Maintain and operate the entire Lowell Creek Flood Control Project,
including the Rehabilitation Project after completion, without cost to the
united states, in accordance with regulations prescribed by the Secretary of
the Anny;
d. Hold and save the Goverrnnent free from damages due to construction,
operation and maintenance of the Rehabilitation Project, except where such
damages are due to the fault or negligence of the Goverrnnent or its
contractors;
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e. Provide funding for repair of the portions of the tunnel floor that
did not have a hardened surface as of the corrpletion of the 1988
rehabilitation. '!his cost share shall consist of the cost of debris removal,
surface preparation, concrete fill and high-strength concrete liner for
station 7+75 to station 8+25 and for station 9+90 to the downstream end of
the Project, plus 50 percent of the fixed cost for access to the tunnel
(Le., mobilization, delOObilization, dewatering, and weatherization of the
. tunnel). '!his local share is currently estimated at $361,348.
f. Conply with Section 601 of Title VI of the civil Rights Act of 1964
(Public Law 88-352) and all awlicable provisions of Sections 210 and 305 of
the uniform Relocation Assistance and Land ACXlllisition Policy Act of 1970
(Public Law 91-646).
2. '!he City shall give the Government a right to enter upon, at
reasonable times and in a reasonable manner, lands which the city owns or
controls for access to the Lowell Creek Flood Control Project for the purpose
of insPection and, if necessary, for the purpose of completing, operating,
maintaining, repairing, replacing, or rehabilitating the Project. If an
insPection shows that the city for any reason is failing to fulfill its
obligations under this Agreement without receiving prior written approval
from the Goven1ment, the Government will send a written notice to the City.
If the city persists in such failure for 30 calendar days after receipt of
the notice, then the Government shall have a right to enter, at reasonable
times and in a reasonable manner, upon lands the city owns or controls for
access to the Project for the purpose of completing, operating, maintaining,
repairing, replacing, or rehabilitating the Project. No completion,
operating, repair, replacement, or rehabilitation by the Government shall
operate to relieve the City of the responsibility to meet its obligations as
set forth in this agreement, or to preclude the Government from pursuing any
other remedy at law or equity to assure faithful performance pursuant to this
agreement.
IN WI'INESS WHEREX)F, the parties hereto have executed this contract the
day and year first hereinabove written.
'!HE UNITED STATES OF AMERICA
APPROVED:
'!HE CITY OF SEWARD, AIASKA
By:
/t:l~~.: ~~
William W. Kakel
Colonel, CorPS of Engineers
Contracting Officer
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City ger
FOR '!HE SEX::REI'ARY OF '!lIE ARMY
Date:
S IJOVfo'
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Date:
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CERI'IFICATE OF AUlliORITY
I, PI'tcJ.. (3. I9vttltd1 ~ , do hereby certify that I am the
Attorney for the City of Seward, Alaska; that the city of Seward is a legally
constituted public body of the state of Alaska, with full authority and
capability to perform the tenDs of the agreement between the United states of
Arrerica and the City of Seward in connection with IDwell creek Tunnel
'- Rehabilitation Project and to pay damages, if necessary, in the event of
failure to perform in accordance with 33 U.S.C. 701c; and that the person who
has executed the contract on behalf of the city of Seward, Alaska, has acted
within their statutory authority; and that the City of Seward as a public
body of the state of Alaska has the full faith, credit and financial
capability to fully perform all requirements of this contract.
IN WJJNESS WHEmDF I I have made and executed this certificate
this.! day of _Mv("tfI"l'( , 19ro .
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CITY ATlDRNEY FOR SEWARD, AlASKA
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