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Meetin g Cit l Council S ecia
March 31, 2015
City Council Chambers 6:DO p.m.
The City of Seward, Alaska
Special City Council Meeting
March 31, 2015 6:00 p.m. Council Chambers
Jean Bardarson 1. Call To Order
Mayor 2. Pledge Of Allegiance
Term Expires 2015 3. Roll Call
Marianna Keil 4. Citizen Comments On Any Subject Except Those Items
Vice Mayor Scheduled For Public Hearing. [Those Who Have Signed
Term Expires 2016 In Will Be Given The First Opportunity To Total Time For
This Agenda Item.]
Ristine Casagranda 5. Approval Of Agenda And Consent Agenda[Approval of
Council Member Consent Agenda passes all routine items indicated by
Term Expires 2016 asterisk (*). Consent Agenda items are not considered
separately unless a council member so requests. In the event
Christy Terry of such a request, the item is returned to the Regular
Council Member Agenda.]
Term Expires 2015
David Squires 6. New Business
Council Member
Term Expires 2015 A. Resolutions
Dale Butts 1. Resolution 2015-026, Appropriating $300,000 From
Council Member The Capital Project Fund As Match And Project Funds
Term Expires 2016 Towards Completing The Work Identified In The Roads
Priority List That Is To Be Funded Using Statewide
Iris Darling Transportation Improvement And Federal Earmark Monies
Council Member Administered Through The Alaska Department Of
Term Expires 2015
Transportation And Public Facilities Pg.
James Hunt
City Manager 7. Council Comments
Johanna Kinney 8. Citizen Comments
City Clerk
9. Council And Administration Response To Citizen
Eric Wohlforth Comments
City Attorney
10. Adjournment
City of Seward, Alaska Council Agenda
March 31, 2015 Page 1
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SPECIAL MEETING REQUEST . ;.
Pursuant to Seward City Code 2.10.030 (2), this is to serve as
the written notice calling a Special City Council Meeting on Tuesday,
March 31, 2015 at 6:00 p.m. for the purpose of:
Resolution 2015-026, Appropriating $300,000 From The Capital Project
Fund As Match And Project Funds Towards Completing The Work
Identified In The Roads Priority List That Is To Be Funded Using Statewide
Transportation Improvement And Federal Earmark Monies Administered
Through The Alaska Department Of Transportation And Public Facilities.
Signed this 27th day of;March, 2015.
Mayor
Air
? City !li ger
or
2 Council Members
Upon this request the City Clerk will give due and proper notice as
required by SCC 2.10.032
(No business shall be transacted other than stated above.)
2
%of sexy.:
NOTICE OF IL Oa fok
SPECIAL MEETING 4
NOTICE IS HEREBY GIVEN that the Seward City Council will meet in a special meeting on
Tuesday,March 31,2015 at 6:00 p.m. for the purpose of:
Resolution 2015-026, Appropriating $300,000 From The Capital Project Fund As Match And
Project Funds Towards Completing The Work Identified In The Roads Priority List That Is To Be
Funded Using Statewide Ttansport-ation Improvement And Federal Earmark Monies Administered
Through The Alaska Departmdni Of Transportation And Public Facilities.
The meeting will be conducted in City Council Chambers,City Hall,410 Adams Street,Seward. All
interested persons are invited to attend.
JOHANNA KINNEY
CITY CLERK
POSTED: Friday, March 27, 20.15
City Hall bulletin board
U.S. Post Office
Harbormaster's Building
L
3
Sponsored by: Hunt
CITY OF SEWARD,ALASKA
RESOLUTION 2015-026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, APPROPRIATING $300,000 FROM THE CAPITAL PROJECT
FUND AS MATCH AND PROJECT FUNDS TOWARDS COMPLETING
THE WORK IDENTIFIED IN THE ROADS PRIORITY LIST THAT IS
TO BE FUNDED USING STATEWIDE TRANSPORTATION
IMPROVEMENT AND FEDERAL EARMARK MONIES
ADMINISTERED THROUGH THE ALASKA DEPARTMENT OF
TRANSPORTATION AND PUBLIC FACILITIES
WHEREAS, for many years Seward has had plans to repair and upgrade roads in
Seward, and the City Council has identified and listed the individual projects; and
WHEREAS, Congress has appropriated $2,699,700 for Seward Road Improvements, to
be administered through the State Department of Transportation and Public Facilities
(DOT&PF); and
WHEREAS, DOT&PF has the authority to plan, design and construct the Seward Area
Paving Improvements, and the City desires that they do so; and
WHEREAS, the City has worked with DOT&PF to develop a scope of work and draft a
Memorandum of Agreement (MOA) defining the roles and responsibilities of the parties,
consistent with the requirements associated with the Federal funds available for the project; and
WHEREAS, within this MOA, the next step needed in order for DOT&PF to conduct
further work on the project is for the City to provide the required $267,982 local match to
DOT&PF for the full Federal earmark of$2,699,700, for a total project budget of$2,967,682;
and
WHEREAS, the City has identified $270,000 in the 2014-2015 Budget Capital
Improvement Plan to provide the required match; and
WHEREAS, as a further condition of the funding, the City must also certify the Rights
of Way at no cost to the DOT&PF. The anticipated cost for this work is $30,000, with the actual
cost to be determined through the City's competitive procurement process; and
WHEREAS,the total City funds needed to initiate this project are $300,000.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA that:
Section 1. Funding in the amount of $300,000 is hereby appropriated from the Capital
CITY OF SEWARD,ALASKA
RESOLUTION 2015-026
Acquisition Fund Net Assets account no. 80010-0000-3400, to the contracted services account
number 80010-1310-7009.
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 31st
day of March,2015.
THE CITY OF SEWARD,ALASKA
Jean Bardarson,Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Johanna Kinney, CMC
City Clerk
(City Seal)
Council Agenda Statement
Meeting Date: March`,2015
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From: Jim Hunt, City Manager :6' 1.0
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Agenda Item: To appropriate funds for transfer to the Alaska P
Department of Transportation and Public Facilities
(DOT&PF) and for contract services necessary to
initiate the road upgrades and repairs identified in
Council Resolution 2014-007
BACKGROUND &JUSTIFICATION:
In previous years the City has requested Federal funding for road repairs and upgrades within the City limits,
and in 2010 was awarded$2,699,700 for this work.Federal funds for this type of project are appropriated to
the Sate and not directly to the municipality.The State administers and oversees the projects on behalf of the
Federal Highway Administration.
Therefore the City must enter into an agreement with the State for the use of the funds in planning,execution
and management of the project. The City has worked with the State in negotiating the Memorandum of
Agreement(MOA)attached to the resolution.The MOA specifies the City non-federal cash match required
for the Federal funds as $267,982 for a total project budget with the State of$2,967,682, and further
specifies that the City provide right-of-way documentation to the Sate at no cost to the State.The right-of-
way documentation costs are estimated at$$30,and that work would be contracted consistent with the City's
procurement Code. Though the contract cost could come from the project budget, administration
recommends a separate budget for that work so that as much as possible of the federal award and City match
goes towards road improvements. Therefore the resolution requests $300,000 be appropriated for this
project; $267,982 for DOT&PF match, and $32,018 as towards contract services for right of way
certification.
INTENT:Council appropriate$300,000 from the General Fund-Related Capital Projects budget to provide
matching funds for the federal road funding and for contract services related to right-of-way certification.
CONSISTENCY CHECKLIST: Yes No N/A
1 Comprehensive Plan(3.4.1.1):Provide safe and efficient vehicular X
transportation facilities that meet the needs of the community.
2. Strategic Plan(document source here): X
•
3. Other(list): X
•
FISCAL NOTE:
The 2014/2015 Budget identified the need to contribute $300,000 towards local matching funds for this
project. Funding for the match is available in the capital acquisition fund.
Approved by Finance Department:
ATTORNEY REVIEW: Yes No X
ti�
RECOMMENDATION: Council adopt Resolution 2015- u appropriate$300,000 for the purpose of City
road improvements.
Project Name: [Seward Road Improvements]
Federal Project No.: [to be assigned]
State Project No.: [AKSAS#58155]
Memorandum of Agreement
Between State of Alaska and the City of Seward
The parties to this agreement are the State of Alaska acting through its Department of Transportation
and Public Facilities(hereafter DOT&PF) and the City of Seward, a Municipality established under
Alaska law(hereafter the Municipality).
WHEREAS, Congress appropriated$2,699,700 for Seward Road Improvements;
WHEREAS,DOT&PF has the authority to plan, design, and construct Seward Area Paving
Improvements,identified as Seward Area Paving located within the boundaries of land owned or
governed by the Municipality(hereafter the project);
WHEREAS, the Municipality by resolution desires that DOT&PF plan, design and construct the
project;
THEREFORE,the parties, in consideration of the mutual promises contained in this agreement,
agree to the following:
1. PURPOSE AND ADMINISTRATION
a. The purpose of this Agreement is to set forth the requirements associated with the federal funds
available for the Project and to establish the responsibilities for the planning, execution, and
management of the Project.
b. The Federal Highway Administration(hereafter FHWA)designated DOT&PF as the agency in
Alaska to administer FHWA's federal funding programs.
c. DOT&PF is acting to fulfill its responsibility to the FHWA.
d. Alaska Statute 19.05.040 and AAC 17.55 provide that DOT&PF may enter into agreements with
municipalities relating to highways. In addition,AS 44.42.020 authorizes DOT&PF to cooperate,
coordinate, and enter into agreements with federal, state, and local government agencies in
exercising its powers and duties.
2. FINANCIAL PARTICIPATION
a. The Municipality hereby agrees to provide the required non-federal matching funds in the
amount of$267,982 sufficient to match the full federal earmark of$2,699,700 for a total project
budget of up to $2,967,682.
b. The Municipality's match is due prior to further work being conducted on the Project by the
DOT&PF.
c. The total funding shall be available to DOT&PF for all phases of the project including
environmental, design,right-of-way certification, construction,utility related activities,
construction oversight and administration of the federal funds, as well as all other project costs.
d. The DOT&PF shall retain sufficient funds to adequately compensate for project closeout costs.
e. The Municipality and DOT&PF agree that any costs for the Project in excess of the total project
budget of$2,967,682or any costs ineligible for federal reimbursement are the responsibility of
the Municipality.
f. In order to avoid the Municipality needing to compensate for 100%of the cost above and beyond
the total project budget of$2,967,682,the DOT&PF intends to develop a conservative project
scope that has a high likelihood of coming in under budget. The DOT&PF may elect to stop
work, cancel work, or take other actions as necessary to avoid incurring costs in excess of the
total project budget.
g. The Municipality agrees, that unless specifically identified in writing,the Municipality is
ineligible for reimbursement of staff time and other costs accrued as part of the project
development process.
3. DELEGATION OF DUTIES
a. The DOT&PF is authorized to plan, design, and construct the project within available funds.
b. The DOT&PF has sole authority to select which of the road segments or partial road segments
will be improved.
c. The Municipality agrees to review provided plan sets within the timeframe identified by
DOT&PF.
d. The Municipality agrees to provide right-of-way documentation at no cost to the DOT&PF.
4. PROJECT SCOPE
a. The Municipality hereby states that the roads and rights-of-way within the Project's scope are
located within the boundaries of land governed by the Municipality, and the Municipality owns
and maintains all roads and rights-of-way within the Project's scope.
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b. The Municipality acknowledges it has submitted a list of road segments for resurfacing that
exceed the available total project budget.
c. The Municipality requests that the DOT&PF resurface as much roadway as can be accomplished
from the following list of road segments within the limits of the funding without significant risk
of exceeding the total project budget of$2,967,682.
d. The DOT&PF agree to consult with City staff during the design phase prior to final
determination as to which road segments will be included in the construction phase of the
project.
e. The DOT&PF has complete discretion to select those road segments (below) for inclusion in the
Project. Consideration of which road segments to include will be guided in part by those road
segments that have the least complexities with right-of-way, drainage,utility conflicts and other
issues that would increase the costs of a given road segment.
Street Name From To Feet
Phoenix Road Barwell Street Middle of Curve 1000
Dora Way Phoenix Road Jackson's House 1000
Bear Drive Swetmann Avenue Phoenix Road 300
Resurrection Blvd. Alice Drive Bear Drive 1000
Marathon Drive Swetmann Avenue Iron Drive 800
Benson Drive Swetmann Avenue Jesse Lee Drive 800
Jesse Lee/Coolidge Benson Seward Highway 1200
First Avenue Adams Street A Street 2300
Fifth Avenue Washington Street Madison Street 1800
A Street First Avenue Third Avenue 650
Adams Street First Avenue Second Avenue 350
Adams Street - Third Avenue Fifth Avenue 650
Washington Street Fourth Avenue 5th Avenue 300
Jefferson Street First Avenue Ballaine Boulevard 1600
Madison Street First Avenue Ballaine Boulevard 1600
Monroe Street Fifth Avenue Ballaine Boulevard 650
Sixth Avenue Jefferson Street Madison Street 350
C Street Third Avenue Fourth Avenue 300
Fifth Avenue A Street B Street 300
Ash Street Oak Street Dimond Boulevard 1500
Oak Street Ash Street Long Term Care Fac. 500
Sea Lion Drive Elementary School Seward Highway 800
Birch Street Dimond Boulevard Alder Street 1500
Cedar Street Dimond Boulevard Ash Street 700
Alder Street Birch Street Dimond Boulevard 500
Lowell Point Road Bridge First Turnout 800
5. MAINTENANCE AND OPERATIONS
a. The Municipality agrees to maintain and operate the project at its own expense consistent with 23 CFR
1.27 and DOT&PF's Alaska Highway Maintenance and Operations Manual(AHMOM). hi the event of
conflict between 23 CFR 1.27 and AHMOM,the more stringent provisions set the minimum standards.
9 3
b. The Municipality shall perform its activities under this agreement at its sole cost and expense and without
reimbursement from DOT&PF. These maintenance activities include,but are not limited to:
(1) planning,scheduling,administration,and logistics of maintenance activities,
(2) traffic control and safety;
(3) preservation of drainage in an as-built condition,including maintenance of all culverts, ditches, storm
sewers,gutters,dry wells,and under-drains;
(4) embankment protection,including erosion control,to as-built conditions;
(5) roadside management;
(6) guardrails and guardrail end treatments;
(7) snow and ice control,including all plowing, sanding,culvert and storm sewer thawing, snow hauling,
winging,opening of shoulders,ice scraping,drift control, snow slide removal, and associated tasks as
may be required for the safe and timely passage of the public;
(8) maintaining signs and delineators in an as-built condition and their replacement,including posts and
foundations,when damaged,unreadable,or worn out;
(9) highway marking and repainting as required to maintain performance of their intended function;
(10)repair of street lights as required to ensure a functioning system,including repair/replacement of
lenses,light bulbs,photo cells,contacts,relays,and wiring;
(11)removal of debris,rubbish,and dead animals;
(12)signing of seasonal weight restrictions as may be required by local conditions;
(13)pothole repair using asphalt products on an as-needed basis;
(14)annual crack sealing;
(15)repairs of minor rutting,waves, sags,humps,corrugations,raveling,alligator cracks,pitting and
bleeding on a basis; and
(16)minor bridge repairs,which includes painting of localized rust areas,re-decking, and repair of
guardrail and railing sections.
c. Maintenance staff maybe employees of the Municipality, another unit of government, or a
contractor under agreement with the Municipality. All maintenance will be performed at regular
intervals or as required for efficient operation of the complete project improvements. The
Municipality's maintenance responsibilities commence the date of project substantiated
completion.
6. INDEMNIFICATION
a. The Municipality shall indemnify, defend, and hold harmless DOT&PF, its officers, agents and
employees from all liability, including costs and attorney's fees, for all actions or claims
resulting from injuries or damages sustained by any person or property as a result of the
Municipality,its contractors', or its employees'performance of this agreement.
b. Responsibility for all actions or claims, including costs and attorney's fees, resulting from
injuries or damages sustained by any person or property arising directly or indirectly from the
Municipality's performance of the agreement,which result from the joint negligence of
DOT&PF and the Municipality, shall be apportioned on the basis of comparative fault.
7. DISPUTE RESOLUTION
a. If a dispute arises under this agreement between the municipality and DOT&PF, and the parties
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cannot resolve the matter between them within 45 days after the notice is given by the aggrieved
party to the other party, the aggrieved party may request that the matter be resolved by
arbitration.
b. Each party shall appoint ari arbitrator to hear the dispute. The two arbitrators acting together shall
select a third arbitrator with all appointments to occur in accordance with State Procurement
code,AS 36.50. The three arbitrators shall hear the matter under such rules and procedures, as
they deem necessary to conduct the proceedings.
c. Each party shall pay the expenses of the arbitrator it appoints and shall pay half of the cost of the
proceedings and the third arbitrator.
d. Except when the provisions of this paragraph provide otherwise, an arbitration under this
paragraph is subject to AS 09.43.010—09.43.180,the Uniform Arbitration Act.
8. DISADVANTAGED BUSINESS ENTERPRISE (DBE)POLICY& OBLIGATION
a. It is the policy of DOT&PF that disadvantaged business enterprises, as defined in 49 C.F.R. Part
26, as amended, shall have the opportunity to participate in the performance of contracts
financed in whole or in part with DOT&PF funds under this Agreement. The DBE requirements
of applicable federal and state regulations apply to this Agreement.
b. The Municipality and its contractors agree to ensure that Disadvantaged Business Enterprises as
defined in applicable federal and state regulations,have the opportunity to participate in the
performance of contracts and this Agreement. In this regard, all recipients and contractors shall
take all necessary and reasonable steps in accordance with applicable federal and state
regulations,to ensure that the Disadvantaged Business Enterprises have the opportunity to
compete for and perform contracts. The Municipality shall not discriminate on the basis of race,
color,national origin or sex in the award and performance of Department assisted contractors.
9. CONTACTS
The DOT&PF's contact is Aaron Hughes, DOT&PF Project Manager. The Municipality contact is
W.C. Casey, or as may be re-designated in writing from time to time.
10.PENALTY FOR BREACH
a'. If the Municipality breaches its obligations under this agreement prior to advertising for
construction,DOT&PF will reevaluate each project nominated by the Municipality without
consideration of Municipality maintenance. Municipality projects will be placed in the State
Transportation Improvement Plan in accordance with their revised scores.
b. If the Municipality breaches this agreement after advertisement of a project, DOT&PF may, at its
sole discretion,proceed with construction of the project. In the evaluation of other projects in the
succeeding six years after the breach, the DOT&PF will not include consideration of municipal
contribution until the Municipality has cured the breach to the DOT&PF's satisfaction.
14 5
c. If notified by DOT&PF in writing that it is in violation of any of the terms, conditions, or
provisions of this agreement, and a default has occurred, the Municipality shall have 30 days
from the date of such notification to remedy the default or, if the remedy will take in excess of 30
days to complete,the Municipality shall have 30 days to satisfactorily commence a remedy of
the causes preventing its compliance and curing the default. Expiration of the 30 days and failure
by the Municipality to remedy, or to satisfactorily commence the remedy of,the default whether
payment of funds has been fully or partially made, shall result in the termination of this
agreement by DOT&PF.
d. The Municipality,upon receiving a notice of termination from DOT&PF for default, shall cease
work on the terminated activities covered under this agreement. If so requested by DOT&PF,the
Municipality shall assign to DOT&PF all its rights,title, and interest to any contracts it has with
any consultants or contractors. Otherwise,the Municipality shall terminate all contracts and other
agreements it has entered into relating to such covered activities,take all necessary and
appropriate steps to limit disbursements and minimize any remaining costs. At the request of
DOT&PF,the Municipality may be required to furnish a report describing the status or project
activities as of the date of its receipt of notice of termination, including results accomplished and
other matters as DOT&PF may require.
11.AMENDMENT OF AGREEMENT
This agreement may only be modified or amended by written agreement signed by the original
signatories or their successors in office.
12.AGREEMENT TERNIINATION
DOT&PF may terminate this agreement if DOT&PF determines that termination is in the best
interest of the state. DOT&PF will give written notice to the Municipality of its decision to terminate
the agreement not less than 15 days before the effective date of termination.
13. THE WHOLE AGREEMENT
This agreement constitutes the entire agreement between the parties. There are no other understandings
or agreements between the parties, either oral or memorialized in writing regarding the matters
addressed in this agreement. This agreement may not be amended by the parties unless agreed to in
writing with both parties signing through their authorized representatives.
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SIGNATURES
State of Alaska
Dated: Department of Transportation and Public Facilities
By:
(Name)
Title:
Dated: City of Seward
By:
(Name)
Title:
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