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HomeMy WebLinkAboutRes1991-034 . . . sponsored by: Schaefermever CITY OF SEWARD, ALASKA RESOLUTION NO. 91-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING AMENDMENT NO. 3 TO THE PRISON INDUSTRIES CONSTRUCTION TORA WHEREAS, the city entered into a Transfer of Responsibilities Agreement (TORA) with the Department of Transportation and Public Facilities for construction of a prison industries addition to the Spring Creek Correctional Center on August 17, 1989: and WHEREAS, the state has increased the scope of work under to TORA to include repair of window frames: 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 execute Amendment No. 3 to the Prison Industries Construction TORA, increasing the funding from $167,400 to $357,400, to cover the cost of repairing rusting window frames at the spring Creek Correctional Center. Section 2. A copy of the Amendment is attached hereto 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 22nd day of April, 1991. THE CITY OF SEWARD, ALASKA Dc;u.~~:cO-z .de ~ David L. Hilton, Mayor AYES: NOES: ABSENT: ABSTAIN: Burgess, None None None Dunham, Krasnansky, Meehan, Sieminski, Simutis and Hilton -1- . . . CITY OF SEWARD, ALASKA RESOLUTION NO. 91-034 ATTEST: (City Seal) -2- APPROVED AS TO FORM: Perkins Coie, Attorneys for the city of Seward, Alaska 7~ (II ~ Fred B. Arvidson City Attorney ~ . P.O. BOX ":'7 SEWARD, ALASKA 99664 . Main Office (907) 224-3331 . Police (907) 224-3338 . Harbor (907) 224-3138 . Fire (907) 224-3445 . Telecopier (907) 224-3248 CITY OF SEWARD TRANSFER OF RESPONSIBILITIES AGREEMENT BETWEEN THE STATE OF ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES AND THE 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 AS 35.15.080 et. seq. and any regulations promulgated thereunder. . The Municipality's coordinator for this Agreement is E. Paul Diener. The state's coordinator for this Agreement is Margaret E. Holland. Each party agrees to notify the other party of any change in the coordinator. Whereas funds have been appropriated by the Legislature, under Chapter 171/SLA 84, Page 59, Line 19, 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 also referred to as lithe project"), the parties mutually agree as follows: 1. Except as provided in the project Management Services Agreement between the Municipality and the State, 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, 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 THREE HUNDRED SIXTY THOUSAND AND NO/100 ($360,000) DOLLARS. The state and the Municipality agree that any costs required to be incurred for the completion of this proj ect in excess of the above amount will be paid by the Municipality. . PROJECT NlUoIE: SPRING CREEK PRISON INDUSTRY PROJECT NUMBER: 4. The procedures to be followed by the Municipality in drawing on the special account referred to in Paragraph 3 are set out in Appendix B which is hereby incorporated and made a part of this Agreement. 5. Prior to the advertisement for bids, the Municipal i ty must obtain the state's approval of the land interest in the project site pursuant to AS 35.15.110. 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. Except as provided in the Project Management Agreement between the Municipality and the State, 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 reviews and obtain all necessary written regulatory agencies. regulatory agency approval from all 8. The Municipality has the duty of providing for and overseeing all safety orders, precautions, and programs necessary to ensure 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 a final expenditure report, certified by the Municipality, of all costs incurred in the accomplishment of the project. 2 . . . PROJECT Nru<1:E: SPRING CREEK PRISON INDUSTRY PROJECT NUMBER: 11. The Municipality recognizes that 02 AAC 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 AAC 45.010. The State retains the right to audit the project any time within three (3) years after the date of project acceptance. 12. within sixty (60) days of the issuance of a 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. 13. Responsibility for the maintenance and operation of the project shall be borne by the state. 14. 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. 15. 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 NJoU'l:E: SPRING CREEK PRISON INDUSTRY PROJECT NUMBER: 16. 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 16 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 for any costs properly incurred by the Municipality in honoring convenience termination clauses in its Agreements with its contractors as long as these clauses conform to the standard convenience termination clause used by the State for similar type contracts. 17. This Agreement shall be governed by the laws of the State of Alaska. 18. The Municipality, and any contractor engaged by the Municipality, shall comply with the prov1s10ns of Alaska Statutes 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 DBE' sand WBE I s shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of federal- or state-funded contacts. 19. 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 18 above. 20. The Municipality shall ensure that none of the funds paid under this Agreement will be used for the purpose of lobbying activities before the Alaska State Legislature. 21. Unless changed by prior written notice, any notices required by this Agreement must be sent to the following addresses: 4 . . . PROJECT NNilE: SPRING CREEK PRISON INDUSTRY PROJECT NUMBER: STATE: GRANT ADMINISTRATION UNIT DIVISION OF DESIGN AND CONSTRUCTION DEPARTMENT OF TRANSPORTATION & PUBLIC FACILITIES P. O. Box 196900 Anchorage, AK 99502-0900 MUNICIPALITY: CITY OF SEWARD P. O. Box 167 Seward, AK 99664 22. This Agreement may not be assigned by the Municipality without written consent of the State. 23. 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 of the future. The waiver by the State of any provision or covenant in this Agreement cannot be endorsed or relied upon by the Municipality unless the waiver is in writing and signed on behalf of the State. 24. This Agreement may be modified or amended by a written Agreement signed by both parties. APPROVALS: CITY MANAGER y- 22 t?7 Date Authorized 1;;: L.._u~ . t f t1t S1gna ure or S a e - DIRECTOR, DESIGN & CONSTRUCTION, CENTRAL REGION ~'I'1'B' Date 5 PROJECT N.tU'1E: PROJECT NUMBER: SPRING CREEK PRISON INDUSTRY APPENDIX A A. Scope of Work: Construction of an industrial arts and industries addition at Seward spring Creek Prison - partial funding. PROVIDE PROOF OF LAND INTEREST FOR STATE APPROVAL State-owned B. Estimated Cost by Phase: COST Design and Administration Right-of-way, Land Acquisition Utilities Construction Equipment 360.000 TOTAL 360.000 C. Estimated Project Schedule: DATE Advertisement Bid Award Start of Construction Construction Completion 6 . . . PROJECT N.wVIE: SPRING CREEK PRISON INDUSTRY PROJECT NUMBER: APPENDIX B Payment Schedule: TO BE BASED ON CASH FLOW PROJECTIONS DEVELOPED BY THE MUNICIPALITY, APPROVED BY THE STATE. 7