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HomeMy WebLinkAboutRes2006-068 Sponsored by: Corbridge CITY OF SEWARD, ALASKA RESOLUTION 2006-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING CHANGE ORDER #5 TO THE CONTRACT WITH WM. J. NELSON AND ASSOCIATES FOR ENGINEERING AND CONSULTING SERVICES ON THE JAPANESE CREEK LEVEE, AND APPROPRIATING FUNDS WHEREAS, following the 1995 flood of Resurrection River and Japanese Creek, FEMA sponsored a multi-agency task force to develop a comprehensive flood mitigation plan for flood risks associated with the waterways on the north end of Seward, with said task force comprised of representatives from the City of Seward, Kenai Peninsula Borough, Alaska Division of Emergency Services, Alaska Department of Transportation and Public Facilities, Alaska Railroad Corporation, FEMA, u.S. Army Corps of Engineers, National Resource Conservation Service, and the Alaska Department of Community and Regional Affairs; and WHEREAS, this FEMA task force released a final report in 1998, identifying five projects which, when implemented together, would protect Seward from future flooding in this area, with the construction of Japanese Creek levee being one of the critical components of a successful flood mitigation plan; and WHEREAS, William J. Nelson and Associates ("Nelson") has been the engineer on the levee project since 1999, and facilitated the successful completion of Phase I ofthe levee project which flows from north to south along Japanese Creek, intersecting along the western boundary of Dimond Boulevard. The contract with Nelson has been modified four times to add environmental assessment services, and to account for re- engineering required as a result of changes to the proposed alignment, and re-negotiating with numerous permitting agencies and stakeholders in the project; and WHEREAS, Nelson completed lOO% engineering documents on the proposed aligmnent approved by the Seward City Council in October, 2004, and revisions to the permits and the addendum to the environmental assessment are in the process of review by federal and state agencies and stakeholders. The City calls on Nelson to answer engineering questions relative to the permit applications, as well as to consult with the Alaska Department of Transportation and the Alaska Railroad Corporation relative to the installation of a culvert across the Seward Highway, with the planning team analyzing site development for the long-term care facility and right-of-way acquisition issues, and with other numerous levee-related matters requiring his expertise, and the administration requires his continued assistance in order to keep this project moving forward. 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 approve contract change order number 5 with William J. Nelson and Associates to reflect an increase of$40,000 to cover additional engineering and consulting costs associated with coordinating levee design features in conjunction with the Alaska Railroad, Alaska Department of Transportation, responding to agency inquiries, and participating in inter-agency meetings on behalf of the City of Seward to secure final permits for the project. ., ~'/ .- c.\ ;";\< .. ~ .~~ : G" ~~ :l.S3l.l.V :;lUON smumu :;lUON l:;lJUqS 'UOS1UPl1lH 'l:;lJUq:lS 'ZU:;llCYJ 'unuPlu A 'Ulllquna :NIVl.SS:V :l.N3:SS:V :S3:0N :S3:A V ~ '.IaJuqs UluuA 'J/7 V)lSV'lV 'ffilV A\3S ~O AU:) 3Hl. "900l ':;lunfJo AUP qlll S!q} 'U){SUIV 'pl1lA\:;lSJo AlD :;lqlJo I!:luno:) AH:) :;lql Aq <I3AOHddV <INV <I3SSV d "uondopU uodn A{:;llU!P:;lUlUl! p:;lJJ:;l :;l){Ul IIuqs uO!lnlos:;ll S!ql. 'f oo!pas "06~S-0999-999 "OU lUTIO:l:lU S:;l:l!Al:;lS P:;lPllllUO:l :;lql Ol 0~Of:-0999-999 "OU lUnO:l:lUlu1l.n3 P:;lfOld UO!l1l)J!l!W poold S:)lIN :;lql UlO.I] P:;llU?dolddu Aq:;ll:;lq S! OO'OOO'017$Jo lunoUlll :;lql. '~ooHJas 89-900~ NOUJ1'lOS3H V)lSV'lV 'ffilV A\3S ~O AU:) Council Agenda Statement Meeting Date: June 12, 2006 Through: Clark Corbridge, City Manager From: Kristin Erchinger, Finance Director Agenda Item: Change Order No. 5 to Wm. J. Nelson & Associates Contract BACKGROUND & JUSTIFICATION : Following the 1995 flood of Resurrection River and Japanese Creek, FEMA sponsored a multi-agency task force to develop a comprehensive flood mitigation plan for flood risks associated with the waterways on the north end of Seward. Members of the task force included the City of Seward, Kenai Peninsula Borough, Alaska Division of Emergency Services, Alaska Department of Transportation and Public Facilities, Alaska Railroad Corporation, FEMA, U.S. Army Corps of Engineers, National Resource Conservation Service, and the Alaska Department of Community and Regional Affairs, and a number of other agencies. The flood mitigation task force released a final report in 1998, identifying five projects which, when implemented together, would protect Seward from future flooding in this area. For example, the Alaska Railroad agreed to redesign the rail trestles to prevent debris buildup at the base of the trestles, the Alaska Department of Transportation addressed elevations of the Seward Highway, additional culverts were installed to handle water flows, and the City agreed to pursue construction of Japanese Creek levee. Phase I of the levee project has been completed. This phase of the project constructed the levee along Japanese Creek in a north-south configuration, intersecting along the western boundary of Dimond Boulevard. The engineer involved in the levee construction project from the beginning of the project in 1999, has been Bill Nelson of William J. Nelson and Associates (“Nelson”). The City’s contract with Nelson has been modified four times since 1999, to add environmental assessment services, acquisition of permits for the project, and to re-engineer the project as a result of changes to the proposed alignment. Modifications to the proposed alignments have consumed a significant amount of time and financial resources over the life of Phase II of the project, which proposes to construct a levee/road from the Seward Highway northwest to Dimond Boulevard. As a result of time delays associated with re-engineering and re-permitting the project, Nelson has been instrumental in re-educating numerous permitting agencies, project stakeholders, elected officials, and City staff, after turnover in these agencies. Mr. Nelson has more longevity on this project than any other single individual, and his knowledge and expertise relative to the project is invaluable to the City’s successful completion of this project. Mr. Nelson completed the 100% engineering documents on the current proposed alignment approved by the Seward City Council in October, 2004, and has facilitated - through subcontractors - revisions to the permit applications and the addendum to the environmental assessment. Permit applications are being reviewed by federal and state agencies and stakeholders, and Nelson is frequently called on to provide technical responses to stakeholder inquiries. In addition, the City seeks Nelson’s assistance in providing engineering expertise to the Alaska Department of Transportation and the Alaska Railroad Corporation relative to the installation of a culvert across the Seward Highway, with the planning team analyzing site development for the long-term care facility and right-of-way acquisition issues, and with other numerous levee-related matters. Nelson has completed all work required of him up to this point, and no additional funds have been appropriated beyond completion of the construction documents. The administration requires his continued assistance to keep this project moving forward, and requests an appropriation of $40,000. Nelson’s hourly rate has been billed at $110 for this project, and will be paid on a time and materials basis. Resolution 2006 – Change Order No. 5 – Wm. J. Nelson & Associates Page Two CONSISTENCY CHECKLIST Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE The City has grant funds available from the National Resource Conservation Service to pay this change order. However, due to the re-alignment of the project, the construction phase of this project is at least $3 million short of funding. In addition, grant funds cannot be used to pay for property acquisition costs associated with acquiring property rights-of-way, and a funding source has not been identified to pay these costs. The project will also require a wetlands mitigation plan, and the City will be required to commit funds to the cost of this mitigation effort. The City of Seward is working with the federal delegation to seek additional funds, but the likelihood of such funding is uncertain. Approved by Finance: ___________________________________ RECOMMENDATION City Council authorize change order no. 5 to the contract with William J. Nelson and Associates, and appropriate funds.