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.
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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.