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Sponsored by: Oates <br /> CITY OF SEWARD, ALASKA <br /> low RESOLUTION 2010 -113 <br /> A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br /> SEWARD, ALASKA, AUTHORIZING CHANGE ORDER #9 TO THE <br /> CONTRACT WITH NELSON ENGINEERING, PC FOR <br /> CONSTRUCTION MANAGEMENT AND QUALITY CONTROL <br /> INSPECTION SERVICES FOR THE NORTH FOREST ACRES <br /> LEVEE /ROAD CONSTRUCTION PROJECT IN AN AMOUNT NOT <br /> TO EXCEED $90,500, AND APPROPRIATING FUNDS <br /> WHEREAS, following the 1995 flood of Resurrection River and Japanese Creek, FEMA sponsored a <br /> multi - agency task force to develop a comprehensive flood mitigation plan for flood risks associated with the <br /> waterways on the north end of Seward, with said task force comprised of representatives from the City of <br /> Seward, Kenai Peninsula Borough, Alaska Division of Emergency Services, Alaska Department of <br /> Transportation and Public Facilities, Alaska Railroad Corporation, FEMA, U.S. Army Corps of Engineers, <br /> National Resource Conservation Service, and the Alaska Department of Community and Regional Affairs; <br /> and <br /> WHEREAS, this FEMA task force released a final report in 1998, identifying five projects which, <br /> when implemented together, would protect Seward from future flooding in this area, with the construction of <br /> Japanese Creek levee being one of the critical components of a successful flood mitigation plan; and <br /> Imp <br /> WHEREAS, Nelson Engineering, PC (formerly "William J. Nelson and Associates ") ( "Nelson ") has <br /> been the engineer on Seward's levee project since 1999, and has facilitated the following phases of this <br /> project: completion of Phase I of the levee project from north to south along Japanese Creek, intersecting <br /> along the western boundary of Dimond Boulevard; installation of a culvert under the Seward Highway in <br /> conjunction with ADOT's upgrade of Third Avenue; the realignment of Japanese Creek; the installation of <br /> storm drain and associated drainage infrastructure under the Alaska Railroad tracks; various project- related <br /> services such as environmental assessment services, re- alignment scenarios and associated re- engineering <br /> required as a result of multiple changes to the proposed alignment, negotiations with numerous permitting <br /> agencies and stakeholders in the project, right -of -way and permit acquisition, utility re -route review; and <br /> finally, development of plans and specifications and request for proposal preparation and evaluation, in <br /> preparation for construction of the project; and <br /> WHEREAS, the Seward City Council has authorized a construction contract with Bristol Construction <br /> to construct the levee /road project, and the City desires to contract with Nelson Engineering, PC to provide <br /> construction management and quality control and inspection services through the duration of the construction <br /> phase of the project, as itemized on the attached proposal, to ensure that the project is constructed in <br /> accordance with the plans and specifications; and <br /> WHEREAS, Nelson and the City have mutually agreed to a reduction in fees of $30,000 (from <br /> $120,500 to $90,500), to reflect negotiations between the parties regarding past services provided. <br />