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HomeMy WebLinkAbout03312015 City Council Special Meeting Packet . rrt E f r i ^ --- ''''''' ' - ' ."Seward Ci Council 4 E' f E Agenda Paclet� ry � M pF ; 5 # {k F l;F F Y jfZ E j� a �. x o SF� 44t * 16 b 9 s ffE • A qAS�� • 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 !". oc a, ` , 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 uF SFy From: Jim Hunt, City Manager :6' 1.0 T7 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. -• 2 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 l 4 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. 6 SIGNATURES State of Alaska Dated: Department of Transportation and Public Facilities By: (Name) Title: Dated: City of Seward By: (Name) Title: 1 1)- 7 Ap�2 M F /� 015 ay,2015 /O 1 Su Nlo Tu a Th Fr Sa_ Su Mo Tu i(� 12• 19 29 30 Monday Tuesday Wednesday Thursday Friday Mar 30 31 Apr I 3 00pm 2:00pm PACAB&CC VII 5:30pm 6:30pm CC WS;Sludge X12 OOPrn 100pm „SewarOtecreat,i 6:30pm 8:30pm CC WS for Prov t-I Bk A 6 7 8 9 10 7:00pm 10:30pm P&Z Mtg 0 0 13 14 15 16 17 7:00pm 10:30pm CC Mtg 12:00pm 2:00pm PACAB Work Si 6:30pm 10:00pm HP Mtg;HP W! m n 20 21 22 23 24 , 6:00pm 9:30pm P&Z WS N O N d Q 27 28 29 30 May 1 7:00pm 10:30pm CC Mtg f0 n Q Nanci Richey 1 3/31/2015 7:50 AM Ma 2015 MaWe015Th Su TJunWe015Th Fr Sa 2 7 8 9 30 11 12,: 13 14 1 10 'll 12 .13 14 ,>15 16 ', 5 16 17 18 19 20 "1.7••:•:.:18 19 ,•20 -•21•;,,-22,- 23 • `21 '.22 23 •24'• •25 26' 27• _ - - 24`',25- X26. •27 28 c'29 '30-`' '`28 31 Monday I Tuesday Wednesday Thursday Friday Apr 27 28 29 30 May 1 r, N 4 5 6 7 8 7:00pm 10:30pm P&Z Mtg 12:00pm 2:00pm PACAB Mtg 00 a 11 � 12 13 14 15 �C:00pm 10:30pm CC Mtg 18 19 20 21 22 6:00pm 9:30pm P&Z WS 12:00pm 2:00pm PACAB Work Si N 6:30pm 10:00pm HP Mtg 00 T m 2 25 26 27 28 29 7:00pm 10:30pm CC Mtg > CC VY -' C) rn J N N Nanci Richey 2 3/31/2015 7:50 AM