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HomeMy WebLinkAbout08062009 City Council PacketSeward City Council Agenda Packet Special City Council Meeting August 6, 2009 City Council Chambers Beginning at 7:00 p.m. The City of Seward, Alaska Special Ci Council Meetir. August 6, 2009 7:00 p.m. Council Chambers Clark Corbridge Mayor Term Expires 2009 Willard Dunham Council Member Term Expires 2010 Robert Valdatta Council Member Term Expires 2009 Tom Smith Council Member Term Expires 2009 Betsy Kellar Council Member Term Expires 2009 Jean Bardarson Council Member Term Expires 2010 Marianna Keil Council Member Term Expires 2010 Phillip Oates City Manager Jean Lewis City Clerk Cheryl Brooking City Attorney 1. Call to order 2. Pledge of allegiance 3. Roll call 4. Citizens' comments on any subject except those items scheduled for public hearing. [Those who have signed in will be given the first opportunity to speak. Time is limited to 2 minutes per speaker and 30 minutes total time for this agenda item.] 5. Approval of agenda 6. New Business Resolution 2009-77, Authorizing The City Manager To Enter Into A Contractual Agreement With PND Engineers, Inc., And Re-Appropriating Funds Not To Exceed $26,100.00, For The Purpose Of Developing A Transportation Investment Generating Economic Recovery (TIGER) Grant Request For Construction Of The Seward Marine Industrial Center Basin. 7. Council comment 8. Citizens' comments 9. Council and administration response to citizens' comments 10. Adjournment City of Seward, Alaska Council Agenda August 6, 2009 SPECIAL MEETING REQUEST Pursuant to Seward City Code 2.10.030 (2), this is to serve as the written notice calling a Special Council Meeting on August 6, 2009 at 7:00 p.m. for the purpose of: Resolution 2009-77, Authorizing The City Manager To Enter Into A Contractual Agreement With PND Engineers, Inc., And Re- Appropriating Funds Not To Exceed $26,100.00, For The Purpose Of Developing A Transportation Investment Generating Economic Recovery (TIGER) Grant Request For Construction Of The Seward Marine Industrial Center Basin. Signed this 5th day of August, 2009. Mayor City Manager _ 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.) SEWARD CITY COUNCIL NOTICE OF SPECIAL MEETING August 6, 2009 NOTICE IS HEREBY GIVEN that the Seward City Council will conduct a special meeting on the following items of business on August 6, 2009. Resolution 2009-77, Authorizing The City Manager To Enter Into A Contractual Agreement With PND Engineers, Inc., And Re-Appropriating Funds Not To Exceed $26,100.00, For The Purpose Of Developing A Transportation Investment Generating Economic Recovery (TIGER) Grant Request For Construction Of The Seward Marine Industrial Center Basin. The special meeting will commence at 7:00 p.m., or as soon thereafter as business permits, in the City Council Chambers, City Hall, 410 Adams Street, Seward. All interested persons are invited to attend the meeting and participate in the discussion; or, written comments may be sent to the City of Seward, c/o City Clerk, PO Box 167, Seward, AK 99664, or e-mailed to clerk@cityofseward.net. POSTED: Wednesday, August O5, 2009 at 12:00 p.m. City Hall Bulletin Board U.S. Post Office Harbormaster's Office Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2009-077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACTUAL AGREEMENT WITH PND ENGINEERS, INC., AND RE-APPROPRIATING FUNDS NOT TO EXCEED $26,100, FOR THE PURPOSE OF DEVELOPING A TRANSPORTATION INVESTMENT GENERATING ECONOMIC RECOVERY (TIGER) GRANT REQUEST FOR CONSTRUCTION OF THE SEWARD MARINE INDUSTRIAL CENTER BASIN WHEREAS, the City of Seward identified the development and completion of the north dock basin in the SMIC area as a Calendar Year 2009 State legislative priority in Resolution 2009-009 approved by the City Council on February 9, 2009; and WHEREAS, communities in the State of Alaska have been given an opportunity to apply for up to $100 million in Transportation Investment Generating Economic Recovery (TIGER) grants from the U.S. Department of Transportation; and WHEREAS, if awarded, a TIGER grant could provide the funding necessary to complete the breakwater and basin at the Seward Marine Industrial Center (SMIC), which would establish a docking facility for accommodating vessels more than 60 feet in length; and WHEREAS, submission of the TIGER Grant application sends a powerful signal to the National Science Foundation and the University of Alaska Fairbanks that the City of Seward is actively pursuing a permanent docking solution for the Alaska Region Research Vessel; and WHEREAS, the City does not have the engineering expertise or personnel to complete a competitive TIGER grant application; and WHEREAS, the City application for a TIGER grant from the US Department of Transportation is due by September 15, 2009; and WHEREAS, the City requested quotes from three engineer firms to complete a TIGER grant application and received two responses, both of which were deemed qualified to complete the TIGER grant application; and, WHEREAS, the least expensive quote of $26,100 was from PND Engineers, Inc., and the administration recommends award to PND Engineers, Inc. CITY OF SEWARD, ALASKA RESOLUTION 2009-077 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is authorized to enter into a contract with PND Engineering, INC. for an amount not to exceed $26,100 for the purpose of developing a Transportation Investment Generating Economic Recovery (TIGER) Grant application to develop and complete the north dock basin in the SMIC area in the substantial form as presented. Section 2. The City Manager is authorized to re-appropriate funds previously allocated for developing a marketing plan from account 101-1191-5790 to General Services contracted services account no. 101-1180-5390, in the amount of $26,100. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 6~' day of August 2009. THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) COUNCIL AGENDA STATEMENT Meeting Date: August 6, 2009 To: City Council - From: Phillip Oates, City Manager ~~ Agenda Item: Contract with PND Engineers, Inc. to develop Tiger Grant Application for constructing SMIC basin BACKGROUND & JUSTIFICATION: The City of Seward identified the development and completion of the north dock basin in the Seward Marine Industrial Center (SMIC) area as a Calendar Year 2009 State legislative priority. Completion of the basin would establish economic opportunities in the industrial area and a permanent docking solution for the Alaska Region Research Vessel. However, funding was not made available for this project in the 2009 State legislative session. Communities in the State of Alaska have been given an opportunity to apply for up to $100 million in Transportation Investment Generating Economic Recovery (TIGER) grants from the U.S. Department of Transportation. A TIGER grant could provide the funding necessary to complete the breakwater and basin at the SMIC area. Submitting a TIGER Grant application would send a powerful signal to the National Science Foundation and the University of Alaska Fairbanks that the City of Seward is actively pursuing a permanent docking solution for the Alaska Region Research Vessel. The City does not have the engineering expertise or personnel to complete a competitive TIGER grant application. The grant application to the US Department of Transportation is due by September 15, 2009. The City requested quotes from three engineer firms (PND, Reid Middleton, and TNH/URS) for developing a TIGER grant application. TNH/URS did not respond. PND and Reid Middleton responded and both were deemed qualified to complete a TIGER grant application. The least expensive quote of $26,100 was from PND Engineers, Inc. The quote from Reid Middleton was $30,000. A "Notice to Proceed" by August 7, 2009 is necessary to meet the deadline for submitting a grant. Funding to complete the TIGER grant will occur from re-appropriating $26,100 from monies previously appropriated to develop a marketing plan. The original marketing plan budget was $35,000. Use of these funds for the purpose of promoting the SMIC basin development is considered an important economic development and marketing strategy, since demonstration of a long-term ARRV docking solution is critical to the success of home-porting of this vessel in Seward. The ARRV is expected to significantly strengthen Seward's role as a leading provider of science, education, and research related to northern and arctic waters and climate issues. It will enhance collaboration among current research and education providers, add to the diversity of Seward's economy, and provide year-round jobs. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. CITY OF SEWARD RESOLUTION 2009- ATTORNEY REVIEW: N/A FISCAL NOTE: This re-appropriation will exhaust the funding originally intended to develop a marketing plan. Although the funds have not been used to develop a marketing plan, they are used for the economic development purposes cited above, as well as to feature Seward in a premier State- sponsored marketing publication. Approved by Finance Department J ~~~ RECOMMENDATION: Council approve Resolution 2009(~Authorizing the City Manager to enter into a contractual agreement with PND Engineers, INC.; and re-appropriating funds. PND Engineers, Inc. (PND) Standard Form of Agreement For Professional Engineering Services This is an Agreement effective as of August 6 2009 ("Effective Date") by and between CLIENT ("Client' City of Seward PO Box 167 Seward, AK 99664 Phone: 907-224-3138 Fax: 907-224-7187 E-mail: harbormaster@cityofseward.net ENGINEER ("Engineer' PND Engineers, Inc. 1506 W 36~ Ave. Anchorage, AK 99503 Phone: 907-561-1011 Fax: 907-563-4220 E-mail: kbraun@pndengineers.com Engineer agrees to provide the services described below to Client for: PND Project No. 091081 SMIC TIGER Grant Assistance ("Pmject'~ The following is a brief description of Engineer's Services, which is more fully described in Exhibit A: Assist the City of Seward in application for Federal Transportation Investment Generating Economic Recovery (TIGER) Grant. Grant scope will be for installation of new breakwater /wave barrier at SMIC, in-water improvements and improvements to the north dock facility. PND will perform approximately 95% of the grant application effort with 5% input from the City. Total price of Grant Assistance NTE Estimate of $24,500.00 with added Alternative 3 at $1,600.00 bringing the total of contract to a NT'E $26,100.00. Term of the agreement is limited per SCC 6.10.210 (a) (8). Professional Services Agreement PND Initials PND No. 091081.01 Client /PND Engineers, Inc. Client's Initials Page 1 of 6 1.01 Basic Agreement A. Engineer shall provide, or cause to be provided, the services set forth in this Agreement, and Client shall pay Engineer for such Services as set forth in Paragraph 2.01. 2.01 Payment A. Engineer will prepare a monthly invoice in accordance with Engineer's standard invoicing practices and submit the invoice to Client. B. Invoices are due and payable within 30 days of receipt. If Client fails to make any payment due Engineer for services and expenses within 30 days after receipt of Engineer's invoice, the amounts due Engineer will be increased at the rate of 1 'h % per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day. In addition, Engineer may, without liability, after giving seven days written notice to Client, suspend services under this Agreement until Engineer has been paid in full all amounts due for services, expenses, and other related charges. Payments will be credited first to interest and then to principal. C. The EngineePs compensation is determined by and conditioned on the time to complete Project as described in Exhibit A. Should the time to complete the Project be extended beyond the described periods through no fault of the Engineer, the total compensation to the Engineer shall be appropriately adjusted. 3.01 Additional Services A. If authorized by Client in writing, Engineer shall furnish services in addition to those set forth. B. Client agrees to pay Engineer an amount equal to the Engineer's employees cumulative hours charged to the Project by each class of employee times standard hourly rates for each applicable billing class; plus reimbursable expenses and Engineer's consultants' charges, if any plus markup. Alternatively, the Client and Engineer may make additional compensation Agreements such as Lump Sum (L.S) or Fixed Fee (FF) but only in writing. 4.01 Termination A. Either party shall have the right to termuiate this Agreement in whole or in part at any time and for reasonable cause, by delivery of 15 days' written notice, specifying the extent and effective date thereof. After receipt of such notice from Client, Engineer shall stop work hereunder to the extent and on the date specified in such notice, tertninate all subcontracts and other commitments to the extent they relate to the work terminated, and deliver to the Client all completed deliverables in connection with the work terminated. B. In the event of any termination by Client pursuant to this clause, and provided Engineer is not in default of a material obligation under the Agreement, Engineer shall be paid as follows. B.1 Time and Material Contracts: Client shall pay Engineer for all time and material costs incurred as of the date of Termination per Engineer's Standard Rate Schedule. B.2 Fixed Fee or Lump Sum Contracts: Client shall pay Engineer the percentage of the Fixed Fee or Lump sum equivalent to the percentage of work completed as of the date of Termination. Except as provided in this clause, any such termination shall not alter or affect the rights or obligations of the parties under this Agreement. 5.01 Controlling Law A. This Agreement is to be governed by the law of the state in which the Project is located. 6.01 Successors, Assigns, and Beneficiaries A. Client and Engineer each is hereby bound and the partners, successors, and executors of Client and Engineer (and to the extent permitted by paragraph 6.01.B the assigns of Client and Engineer) are hereby bound to the other party to this Agreement and to the partners, successors, and executors (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement.. B. Neither Client nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Professional Services Agreement PND Initials PND No. 0910 1.01 Client /PND Engineers, Inc. Client's Initials Page 2 of G 7.01 General Considerations A. The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Engineer makes no guarantees or warranties, express or implied, under this Agreement or otherwise, in connection with Engineer's services. Engineer and its consultants may use or rely upon the design services of others, including, but not limited to, contractors, manufacturers, and suppliers. B. Engineer shall not at any time supervise, direct, or have control over any contractor's work, nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, for safety precautions and programs incident to a contractor's work progress, nor for any failure of any contractor to comply with laws and regulations applicable to contractor's work. C. Engineer neither guarantees the performance of any contractor nor assumes responsibility for any contractor's failure to furnish and perform its work in accordance with the contract between Client and such contractor. D. Engineer shall not be responsible for the acts or omissions of any contractor, subcontractor, or supplier, or of any contractor's agents or employees or any other persons (except Engineer's own employees) at the Project site or otherwise furnishing or performing any of construction work; or for any interpretations or clarifications of the construction contract given by Client or contractor without consultation and advice of Engineer. E. All design documents prepared or furnished by Engineer are instruments of service, and Engineer retains an ownership and property interest (including the copyright and the right of reuse) in such documents, whether or not the Project is completed. The Client shall not rely in any way on any document unless it is in printed final form signed and sealed by the Engineer or one of the Engineer's subconsultants. F. To the fullest extent permitted by law, Client and Engineer (1) waive against each other, and the other's employees, officers, directors, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the Project, and (2) agree that Engineer's total liability to Client under this Agreement shall be limited to $50,000 or the total amount of compensation received by Engineer. The Client shall immediately notify Engineer of any claim asserted in connection with the Project that relates to engineering services. G. The parties acknowledge that Engineer's scope of services does not include any services related to a Hazardous Environmental Condition (the presence of asbestos, PCBs, petroleum, hazardous substances or waste, and radioactive materials). If Engineer or any other party encounters a Hazardous Environmental Condition, Engineer may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until Client (i) retains appropriate specialist consultants or contractors to identify and, as appropriate, abate, remediate, or remove the Hazardous Environmental Condition; and (ii) warrants that the Site is in full compliance with applicable Laws and Regulations. H. Changes to the design may be necessary as the work proceeds. The design is expected to change during construction which can result in increased cost to the Client for several reasons including: H.1 Project Betterment -Items that are added to the work to improve the overall project that were not considered during design. H.2 Unforeseen Conditions -Items of work added due to unknown conditions often assodated with geotechnical variations and as- built conditions that could not be determined. H.3 Design Additions -Items of work to add elements that are required for a functioning facility. H.4 Design Revisions- Items of work needed to revise the design, including typographical items, changes due to conflicts or inconsistencies and conflicts or inconsistencies which may become apparent during construction. The Client acknowledges that project betterment, unforeseen conditions and design additions and revisions can occur and that all cost associated with those items are part of the normal course of business and shall not be charged to the Engineer. Design additions and revisions are expected and should be anticipated. The Engineer and Client agree Professional Services Agreement PND Initials PND No. O Il .~1 Client /PND Engineers, Inc. Client's Initials Page 3 of 6 to work together to correct these items to minirnize cost. Potential for design additions and revisions are related to the type and complexity of work. I. All documents, including Drawings and Specifications, furnished by Engineer pursuant to this Agreement are instruments of Engineer's services in respect to the Project. They are not intended or represented to be suitable for reuse by Client or others on extensions of the Project or on any other project. Any reuse without specific written verification or adaptation by Engineer will be at Client's sole risk without liability or legal exposure to Engineer, and Client shall indemnify, defend, and hold harmless Engineer from all claims, damages, losses and expenses, including attorneys' fees, arising out of or resulting there from. Any such verification or adoption will entitle Engineer to further compensation at rates to be agreed upon by Client and Engineer. Engineer does not sell or convey any property interest in the design including drawings; Engineer only licenses the use for a particular Project and purpose for the duration of the Project. The Client shall not convey, sell or authorize any other party to use the design. The Client shall not reuse the design for any other purpose. The Client agrees to use reasonable measures to keep the information confidential and avoid any unauthorized reuse or dissemination. For any unauthorized use by the Client or breach of this Agreement, the Client agrees to pay the Engineer reasonable licensing fees and/or damages. Client agrees to indemnify, defend and hold Engineer harmless from any and all claims arising from or related to unauthorized use of the design. J. Electronic files may be supplied for convenience. Use of this electronic information is at the risk of the end user, and Engineer can not take responsibility for any errors or misuse that may arise out of use of electronic information. AutoCAD files are only an electronic copy of the graphical representations of the plans and actual dimensions and locations as shown on the hard copy plans shall govern and as provided by Engineer. 8.01 Indemnification and Mutual Waiver A. Engineer. To the fullest extent permitted by law, Engineer shall indemnify, defend and hold harmless Client, and C1ienPs officers, directors, partners, agents, consultants, and employees from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the Project, but only to the extent that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property), and is caused by any negligent act or omission of Engineer or Engineer's officers, directors, partners, employees, or Consultants. B. Client. To the fullest extent permitted by law, Client shall indemnify, defend and hold harmless Engineer, Engineer's officers, directors, parmers, agents, employees, and consultants from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the Project, but only to the extent that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property, and is caused or alleged to be caused by any negligent act or omission of Client or Client's officers, directors, partners, agents, consultants, or employees, or others retained by or under contract to the Client with respect to this Agreement or to the Project. C. Percentage Share of Negligence. To the fullest extent permitted by law, a party's total liability to the other party and anyone claiming by, through, or under the other party for any cost, loss, or damages caused in part by the negligence of the party and in part by the negligence of the other party or any other negligent entity or individual, shall not exceed the percentage share that the party~s negligence bears to the total negligence of Client, Engineer, and all other negligent entities and individuals. D. Mutual Waiver. To the fullest extent permitted by law, Client and Engineer waive against each other, and the other's employees, officers, directors, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the Project. 9.01 OPEN CELL® Licensing A. In the course of the project, the Engineer may utilize the OPEN CELL® Structure relating to soil retaining systems on which the Engineer holds patent, no. US 6,715,964 B2, US 7.018.141 B2, US 7.488.140 B2 (USPTO). Engineer hereby grants to the Client, and its contractors, agents, employees, Professional Services Agreement PND Initials PND No. 091081.01 Client /PND Engineers, Inc. Client's Initials Page 4 of 6 officers, and representatives, an irrevocable license for the construction and use of the patented design on the Project only, upon completion of final design by the Engineer. No fee or cost of any sort is or may be charged now or in the future for this license. This license grants the Client, and its contractors, agents, employees, officers and representatives, the right to utilize the patented design (including but not limited to the drawings and specifications) in the future for construction of this structure, and its subsequent use, maintenance, repair, restoration, renovation, and other similar uses. B. Engineer has spent years testing, observing and refuting the OPEN CELL® System and holds this information proprietary. Disclosure by Engineer of OPEN CELL Technology or other information on the project shall be for use on this project only and shall not be divulged to others or used on any other project without Engineers prior written authorization. Client shall make these terms binding on all project participants including owners, employees, contractors and anyone else associated with the project. 10.01 Insurance A. The Engineer shall maintain, at his own expense the minimum insurance coverage as outlined below. Upon request by Client, a current Certificate of insurance will be provided. B. Workers' Compensation Insurance: Engineer shall provide and maintain, for all employees engaged in work under this contract, Workers' Compensation and Employers Liability Insurance as required by AS 23.30.045, to include: 1. Statutory coverage; 2. Employer's Liability Protection in the amount of $1,OOQ000. C. Commercial Comprehensive General Liability Insurance with coverage limits of not less than $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury, personal injury and property damage. D. Automobile Liability Insurance: Such insurance shall cover all owned, hired and non-owned vehicles and provide coverage not less than $1,000,000 combined single limit per accident for bodily injury and property damage. E. Professional Liability Insurance with limits of not less than $1,000,000 each claim and $1,000,000 aggregate. 11.01 Dispute Resolution A. Client and Engineer agree to negotiate all disputes for a minimum period of thirty days from the date Client or Engineer provides notice of a dispute. If the dispute is not resolved by negotiation, the parties agree to mediate the disputes in good faith prior to filing of any lawsuit. 12.01 Total Agreement A. This Agreement together with any expressly incorporated appendix constitutes the entire Agreement between Client and Engineer and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. Client: City of Seward By: Engineer. PND Engineers. Inc. By: Title: City Manager Title: Date Signed: Date Signed: Address for giving Notices: Address for giving Notices: Address for Payments: City of Seward -Harbor PND Engineers, Inc. PND Engineers, Inc. P. O. Box 167 1506 W. 36~h Ave. 1506 West 36a' Ave. Seward, Ak 99664 Anchorage, AK 99503 Anchorage, AK 99503 (907) 224-3138 (907) 561-1011 (907) 561-1011 Professional Services Agreement PND Initials PND No. 091081.01 Client /PND Engineers, Inc. Client's Initials Page 5 of 6 PND Engineers, Inc. (PND) Standard Form of Agreement For Professional Engineering Services Exhibit A Reference Attached Proposal Scope of Work, Cost Estimate and Standard Rate Schedule (4 pages total). Compensation will be based upon Time and Materials basis with rates per the Standard Rate Schedule. Professional Services Agreement PND Initials PND No. 091081.01 Client /PND Engineers, Inc. Client's Initials Page 6 of 6 Proposal to City of Seward (Harbor Department) Seward Marine Industrial Center (SMIC) Transportation Investment Generating Economic Recovery ('T'IGER) Grant Assistance PND Engineers, Inc. (PND) is pleased to provide this pro- posal to assist the City of Seward (the City) in its application for the Transportation Investment Generating Economic Re- covery ('T'IGER) grant. We welcome this opportunity to again assist the Ciry in applying for a grant to help improve the infra- structure and economic base of the community. We previously assisted with a grant application for the MMS Coastal Impact Assessment Program and look forward to taking an even more active role in this effort. We understand the City wishes to improve the in-water facili- ties at the Seward Marine Industrial Center (SMIC). Improve- ments include construction of a breakwater or wave barrier to protect the area from wave intrusion and damage. Upon pro- viding this protection for the harbor, linear moorage will also be added for vessels larger than 60 feet with fire water, potable water, and electrical connections. Improvements to the north dock will also be accommodated, including addition of a 5-ton crane, as well as fendering and bollard upgrades/repairs. Fuel supply may also be examined as part of the project, but its in- clusion is uncertain at this time. The additional facilities and upgrades are intended to spur economic growth and provide an additional infrastructure base to the Cifi. PND is providing this proposal to provide the City conceptual engineering associated with the above improvements to SMIC and to write approximately 95 percent of the TIGER grant application. The goal of the effort will be to obtain sufficient funding to move the project forward such that construction of improvements would be completed on or before February 17, 2012. This scope only covers conceptual engineering; fmal engineering and construction activities would occur after noti- fication of grant award. A successful TIGER grant application will require focus on the following items associated with the project: Primary selection criteria• 1. Lang-Term Outcomes are highly important. Projects must demonstrate a likelihood of long-term benefits in at least one of the following categories in order to be eva- luated for the grant: a. Improving the condition of existing transportation facilities with emphasis on minunization of life- cycle costs. b. Contributing to the medium- to long-term eco- nomic competitiveness of the United States. c. Improving the quality of life and working envi- ronment of people in the community. d. Improving energy efficiency or reducing oil de- pendency and greenhouse gasses. e. Improving safety of U.S. transportation facilities. The proposed SMIC project will clearly meet the re- quirements of a) and c) above, and it can likely be dem- onstrated that energy efficiency will also be improved with construction of the project. Category a) will be met by the overall philosophy of the project, whereby the existing facilities are improved upon and shore erosion is limited. Category c) will be met by provid- ing ameans for local jobs and small businesses to lease existing facilities at the site. 2. Job Creation and Economic Stimulus criteria must demon- strate that the project promotes the short- or long- term creation or preservation of jobs and whether the project rapidly promotes new or expanded business opportunities. The proposed SMIC project should easIly meet this criteria and the application prepared by PND will include a project schedule and legisla- tive/local approvals to demonstrate the project is rap- idly ready to proceed. Secondary Selection Criteria relat d to th proposed SMIC protect: 1. Lenovation can be utilized in the project, such as through the use of innovative permeable wave barriers which allow environmental water circulation but also protect vessels within the basin. Other innovations, such as the use of composite materials, will also be ex- amined during conceptual engineering which could enhance the project's likelihood of receiving the TI- GERgrant. Partnership criteria can be met by showing partnership with federal agencies, such as the United States Coast Guard (which can use the facility), state agencies, such as through the moorage of the Alaska Region Re- search Vessel, and businesses, such as Crowley Mazine. PND is well suited to assist the City in the effort. We aze a civil and structural engineering firm specializing in waterfront infrastructure of the type proposed for construction under this grant. PND has been in the forefront with development of wave barriers (permeable and non-permeable) and has experience in design of multiple breakwaters. PND has also designed numerous boat harbors, with a recent example being the Kodiak St. Herman Harbor M&P Float Replacement, which accommodated vessels in the 90-foot to 110-foot range. We have also been previously involved in facilities at SMIC and have worked on development of many other boat hazbors. PND also has vast experience in performing conceptual engi- neering studies and masterplanrung efforts, similaz to what will be needed at SMIC. Recently, we completed amaster- planning effort for Kodiak St. Herman Harbor that included both the Travelift project and float replacements. We also participated in earlier economic analyses associated with im- provements in the harbor. PND has also worked extensively with the City of Unalaska in planning efforts associated with the proposed construction of the Carl E Moses Small Boat Harbor. August 3, 2009 Page 1 of 2 ~~®~m ~~:~cu~t: tfR~, lac. Proposal to City of Seward TIGER Grant Assistance Services -Seward Marine Industrial Center In an effort to provide the greatest chance of success in obtain- form approximately 95 percent of the grant development. ing the grant, PND has assembled a team of firms to provide PND will develop drawings and other documents, write the expertise in specific areas of the grant application and facility grant narrative, and review all forms as necessary to complete. development. The team of PND, RSA Engineering, Inc. We expect that the City would need to provide support with (RSA) and Northern Economics (NE) is very experienced, the following items: with the necessary expertise to accomplish this project and • Desired contact information provide the City with a successful grant application. RSA will assist PND with electrical conceptual design and cost estimat- • Funding sources and proposed funding scheme ing. RSA has worked with PND on many harbor and marine • Federal wage rate certification facilities, including Kodiak M&P Floats, Kodiak Travelift, and . List of entities/agencies that might use the facility Cordova Small Boat Harbor. NE and PND have also success- fully examined project feasibility and economic studies throughout Alaska. NE has also performed work at SMIC and is familiar with the site and masterplanning efforts. Personnel available to work on this project include Kenton Braun, P.E., PND principal with 16 years Alaskan experience, who will act as project manager and chief application devel- oper; Bill Jamison, P.E., PND marine designer, who will assist Mr. Braun with conceptual design and grant writing; Misty Butler, EIT, PND marine designer, who will also assist Mr. Braun with conceptual design and writing; Tim Hall, P.E., RSA principal, who will assist with electrical conceptual design; and Pat Burden, NE, who will provide economic bases and job creation statistics to enhance the grant proposal effort. Mr. Burden has been included as an "alternate" in our cost pro- posal to be included at the City's option. The grant application will be prepared in accordance with the Contents of Application, as published in the Federal Register, Volume 74, No 115. The narrative will be limited to 25 pages maximum length, not including supporting documents, such as site drawings. The narrative will include contact information (assumed to be Karl Anderson, Seward Harbormaster), a pro- ject description with geospatial data, a map of the project's location showing connections to transportation infrastructure, a description of how the project addresses the needs of the Seward area, information about the grant recipient and other related project parties, information regarding the amount of funding requested and other sources of funding, a demonstra- tion as to the validity and responsiveness of the project to the grant criteria, a certification stating that Federal wage rate re- quirements will be met for the project, and the status and plan for completing the NEPA permitting process. The first page of the application will clearly identify the type of project, in- formation regarding the location of the project, the fact that the project is in a rural area, and the amount of grant funding being requested. The application deadline for this grant is September 15, 2009, so time is of the essence to complete the process and submit the application. Upon notice to proceed, PND will immediately begin the conceptual engineering and will work closely with the City during this process. PND expects to develop conceptual drawings and submit these to the City for review. It is ex- pected that the concept must be defined by August 20 in order to meet the deliverables. As indicated in the City's request for proposal, PND will per- • Relevant data such as freight and fish processing vo- lumes • Unemployment data (to determine if the City meets the requirements of Economically Distressed Area) • Documents related to the current condition of the facility • Documents that demonstrate the project is the re- sult of a planning process (such as the Master Plan) • Legislative, state, and local approvals for the project • Input as to the proposed concept The grant documents also reference the provision of website links to supporting documents, rather than providing copies of these materials with the application. PND has investigated alternatives to meet this stipulation and offers the Ciry three alternatives. An independent website could be started with documents posted to the site; it is estimated that this alterna- tive may require an expenditure of approximately $4,000. A second option, estimated to require a $1,000 expenditure, would be to post the documents on new page of the PND website. Thirdly, the City could post on the City website, which would not require additional expenditure from PND. PND is prepared to immediately begin work on the grant application. In order to meet the delivery date of September 15, we will need to begin work by August 6. Our work plan would first involve consultation with the City (Harbor De- partment) to confirm assumptions outlined in this proposal and to develop the SMIC concept. We would then begin de- velopment of grant application sections and the concept de- sign documents. It is anticipated that PND would work closely with the City throughout the process. We anticipate coordination will be required with both the Public Works and Harbor departments, as a minimum, Primary coordination will occur with the Harbor Department in development of the documents and concept design. Public Works will also need to be involved for coordination of any utilities that will be utilized and/or incorporated with the project. We under- stand that the City wishes for PND to take the bulk of the work effort and will strive to minimize Ciry effort. Our fee estimate is attached for your review and is presented as a Time and Materials, not to exceed, budget. We have provided a base fee estimate of $24,500 with alternatives as identified in this document to allow the City flexibility in de- fming our scope. We understand the budget-sensitive nature of this work and will strive to minimize costs. We look for- ward to working together and in obtaining a successful grant for the City. August 3, 2009 Page 2 of 2 I'.~cisf.rks, Ut.. August 3, 2009 PROJECT TITLE: SMIC TIGER Grant Assistance CLIENT: City of Seward PHASE: Concept Engineering and Grant Application BASE ESTIMATE LABOR: Senior Senior Senior Staff Staff Cad Task Eng. VII Eng. VI Eng. III Eng IV Eng. III Des. V Tech IV Total Labor No. Task (Scope of Services) 175.00 160.00 130.00 95 00 90 00 90 00 90 00 Hours Cost Grant Assistance 1 Conceptual Design 16 8 20 20 64 $7,200.00 2 Grant Narrative Preparation 24 20 40 84 $9,240.00 3 City Review and Input Coordination 16 4 4 24 $3,440.00 4 Provide Documents for Ciry Web Site 0 $000 Labor Subtotal 0 56 12 0 44 20 40 172 $19,880.00 TOTAL LABOR $19,880.00 EXPENSES: Design Cost Expenses I[em Quan[i Unit per Unit Markup Coat I Transportation (fuel) to/from Sewazd all al] $200.00 1.1 $220.00 TOTAL EXPENSES $220.00 SUBCONSULTANTS: RSA $4 000 00 1 1 $4 400 00 TOTAL SUBCONSULTANTS $4,400.00 Total -Labor $19,880.00 Total -Expenses $220.00 Total - Subconsultants $4,400.00 TOTAL (Base Cost) NTE ESTIMATE -GRANT ASSISTANCE $24,500.00 ADDITIVE ALTERNATES Cost Altemative 1 -Post Gran[ Documents on PND website $1,000.00 Altemative 2 -Post Grant Documents on independent website $4,000.00 Altemative 3 -Provide Economics and Job Growth Data Per Input From Northern Economics (Subconsultant at 1.1 markup) $1,600.00 NOTES: 1. Base cost assumes that the grant will be written without input from an economist and that supporting documents will be posted on the City website by City personnel. 2. Additive alternates provided to allow the City flexibility in defining PND scope. 3. Additive Alternatives 1 and 2 are mutually exclusive and the City should select either none or one of the two. 4. Additive Alternate 3 is independent and can be added to all other combinations of base case and alternates. From:PND ENGINEERS ANCH 907 563 4220 08/05/2009 16:11 ®~)~. ~Nt`,`Tivt~ERS, Ili: PND ENGINEERS, INC. STANDARD RATE SCHEDULE EFFECTIVE FEBRUARY 2009 RegdeRaa Professional: Senior Engineer VII $175.00 Senior Engineer VI $160.00 Senior Engineer V $150.00 Senior Engineer IV $140.00 Senior Engineer III $]30.00 Senior Engineer II $] 20.00 Senior Engineer I $110.00 Staff Engineer V $100.00 Staff Engineer IV $95.00 Staff Engineer III $90.00 Staff Engineer II $85.00 Staff Engineer I $80.00 Senior Environmental Scientist $100.00 Environmental Scientist $90.00 GIS Specialist $90.00 e rs: Senior Land Surveyor $105.00 Land 5urveyot I $95.00 Technicians: Technician VI $125.00 Technician V $105.00 Technician IV $90.00 Technician III $80.00 Technician II $75.00 Techtucian I $70.00 CAD Designer V $90.00 CAD Designer N $85.00 CAD Designer III $70.00 A184 P. 011/011 3 x Z r ~j W.nnX rv _0 9 ~iN Ww~V O ~ F Z y i iy ~ a ° U W :$i yy ~ 6 ~ V, ti',v fn } K a ',i~l~ 3{5~ o ~°g°c 5 D C ~- / J Q ~W_j p Vii i w2u I I Ucl\°c a ~ oa ~. ~4 S ~7E_____.-.~ 183 0 .~. __3L_J Q s un I .E~t n ~~ 1~g '_7f "~.~1 W ~~ p m6 - JC-:'_ W m "~ © ci 6 26 _ ~ _~~- __ H ~ 2 Z z © c' ~ )C__~ K O O O '~ ~ Q ~ J J J '~ 0 0 0 ~ __. w-__ ~ ~ w J Q» ;»« ..7C--~ m F 4 x °, ~ e _ Irl ~ { 3 X ~ tc _' ~ v A ~ ~ a ~r ~ QF~~~o ~~~~ o wgaq u °` 7l. :..7 ~ ¢ 2w. U I ern ~ ?~ z zc~s o ~ o ow°a a I ~ .~,~ iii' ~iF' ~ ~ ~k ti ~~ .. ~' _ r~~~ t'x A _ k A N" ~ c .. e . ~ . $ ., P rt a8p M ~~ A~ •c~%~bspx yet&p.ye~ ',:. ~ F nC"g Y~&~~fi ~ •: s. ;q~ °.r, °~.~., l ~1 5 _ , { ~ ~y~,~ r ~. r. ,x - ~ i ~: ""~~ . ~. w ~~ " ~ e ^~; t Y.;~„ ~", "E~ R ¢ ~` ~'; $ ~ ~ ~ {`~ _ Y 8 ~'M'tin. Y• ~~~ 4 t 1 ~ ~ Y. 1. av'naonw.aw4xoevw~c.nusnnrrww~a+n arwu.uwv ~mwo-aor~.m~a,< Reid iddleton August 3, 2009 File No. 242009.913.032A Ms. Kari Anderson Hazbormaster, City of Seward PO Box 167 Seward, AK 99664 r~~,~~r~r~-~= P7rraarn Subject: Proposal for Grant Support Services for US Department of Transportation (DOT) Transportation s""'''~t""''~ Investment Generating Economic Recovery (TIGER) Grant for City of Seward ~ Dear Ms. Anderson: Thank you for requesting a proposal from Reid Middleton for assistance for the TIGER Grant. Reid Middleton is pleased to support the City of Seward in the application process for this program. The City of Sewazd will be applying to this grant program for funding to improve the North dock facility at the Seward Mazine Industrial Center (SMIC). The plan includes installation of a new breakwater, rehabilitation of the linear moorage for large size vessels, and upgrade of utility system. We are enthusiastic about helping the City of Seward be successful in the TIGER grant fundin rocess g p . For 56 years, Reid Middleton has provided waterfront planning and engineering services for a wide range of port and harbor facilities. We have been responsible for various stages, from grant support, planning, and permitting up to full design and construction administration services for these projects. Our team includes Northern Economics, Inc., who will provide short and long-term economic analysis. Reid Middleton has extensive grant process experience for waterfront facilities. Our success rate in receiving grants for clients is very good. Recent pertinent projects are listed as follows: • Support Port of Port Angeles for the new NOAA site selection, Port Angeles, WA -Reid Middleton prepared and submitted a proposal for Port of Port Angeles to a potential new tenant, NOAA. The proposed facility includes a new buildings, a new parking lot, a new floating dock, pier extension, several new dolphins, new mooring hardwaze, a new bridge, and vessel maintenance facility. • Shilshole Bay Marina, Port of Seattle, WA -Reid Middleton led the grant application and presentation effort for a State grant application under the Aquatic Lands Enhancement Account (ALFA) Program and was successful in obtaining a grant of $290,000 for the project. Our services included grant support, permitting, planning, design, and construction administration services for the marina upgrade and expansion. • Bremerton Floating Wave Attenuator, Port of Bremerton, Bremerton, WA -Willy Ahn provided grant support services for the Economic Development Administration (EDA) providing cash flow analysis with construction cost-estimate for the complicated project with multiple options. A $3 million grant was awazded. Design and construction administration services were also provided by Willy Ahn. The project received the ASCE Local Outstanding Civil Engineering Achievement Award 2007 and the ASCE Region 8 Outstanding Minor Project Award in 2008. • Old Fire Station No. 2 and Fire Administration Building, Everett WA , Seismic study was carried out to review the two buildings' expected seismic behavior and provide conceptual upgrade designs and schedules. In addition to the study, a FEMA Benefit-Cost Analysis (BCA) was prepazed to help the City of Everett prepare a grant application to obtain federal grant funding for the upgrade project. The BCA involved close coordination with the Fire Department to ensure that it worked seamlessly with the grant application to communicate the Fire Department's needs to the grant reviewers. Scope of Services Reid Middleton will prepare 95% grant application materials for the TIGER grant program along with input from the City of Seward. The application material will include the North Dock improvement concept design and project schedule to be completed by February 2012. The material will highlight the significant positive long-term outcome and rapid increase in economic activity, particularly the creation of jobs in [he Ci[y of Seward. Based on the US DOT selection criteria, the Reid Middleton team will support the City of Seward in strategically preparing the Reid Middleton, tnc. application as follows: 728 134th Street SW A. Primary Selection Criteria Suite 200 1. Long-Term Outcomes Everett WA 98204 a. State of Good Repair: We will prepare the concept design focusing on rehabilitation, upgrade, and , maintenance plans for the facility. We will analyze revenue sources and amounts for long term maintenance and operations. We will also show that the project will be capitalized up-front and Ph: 42.5 741-3800 use asset management approaches to optimize the long-term cost of the facility. Fax: 425 741-3900 b. Economic Competitiveness: We will demonstrate that long-term growth in employment and increase in production at the entire SMIC by the North Dock improvements. Improving long-term efficiency and cost-competitiveness in open water transportation will be clearly explained. We will also detail the mechanisms of fostering growth of private sector, providing well-protected long-term waterfront facilities, and large upland available lease areas. c. Livability: We will show how the North Dock project improves the quality of life (Seward citizens & tenants). d. Sustainability We will demonstrate the contributions of the improved facility for energy efficiency and reducing gas emissions by reducing long distance vessel detours during winter. We will develop an environmentally-friendly breakwater concept design. Use of regional recycled materials will be considered. e. Safetv: We will explain how the new concept design (with a new breakwater) will reduce vessel or facility damage and enhance safety during operation at North Dock. f. Benefit Cost Analysis fBCAI• We will identify, quantify, and compaze expected benefits and cost. Feedback analysis will be carried out to modify the concept design to optimize the long-term benefits and cost. 2. Job Creation and Economic tim .1 ~~: We will itemize small business opportunities, available lease areas, repair, and maintenance facilities. Creation of possible short and long-term jobs will be listed for each construction, facility, and area. Possible preservation of jobs will also be specified. 3. Section 1602 of the RECOVERY Act: We will provide the evidence of rapid project schedule with effective phase plan including quick environmental approvals (NEPA), legislative approvals, state and local planning, technical feasibility, and financial feasibility. B. Secondary Selection Criteria I, Innovation: We will develop an environmentally-Friendly, durable, and minimal maintenance breakwater concept design. We will also develop a concept design of cost-performance effective durable fender systems. 2. Pazt~: We will describe the partnership with University of Alaska at Fairbanks building a new research vessel (icebreaker) which needs a homeport. The improved Seward North Dock is their top choice. We will also include other entities for commercial fishing and processing to use the facility. The Reid Middleton team will also provide supplementary materials (concept plans, details, project schedule details, photos, reports, etc.) to be posted on the City of Seward web site by the City. The site links to supporting documentation will be provided to US DOT. The City shall provide financial information regarding general operational and maintenance rates and other financial information for the permit application documents as required. The City will provide information on existing land use and lease areas and available upland lease aeeas for inclusion in the grant documents. Reid Middleton will organize the information and data on the required forms. Reid Middleton will assist the City via teleconference calls and emails in consultation. This scope does not include any site visits to Seward, but any site visits can be performed as additional services as requested by the City. Based on the preliminary design effort, Reid Middleton will complete the forms for the grant process to assist the City of Seward in the submittal of the grant proposal. Basic graphics of the site will be prepared from existing aerial photos or site plans provided by the City. No site survey or electronic AutoCAD drawings are included in this scope of services. Fee For the Scope of Services described above, we have enclosed a fee proposal based on a time=plus-expense basis using the rates indicated in Exhibit "A," Schedule of Charges Effective July I, 2009, attached to the proposal. Upon selection for the project, Reid Middleton can prepare a formal contract with conditions of agreement with the City. Our standard conditions of agreement are attached as Exhibit "B". Willy Ahn will serve as project manager and be the City of Seward's main point-of-contact. Thank you for taking the time to review our proposal. Please contact me if you have any questions, and I hope that Reid Middleton can work with the Ci[y of Sewud on the successful TIGER grant process. Sincerely, Reid Middleton, Inc. /t~% ~~ Shannon Kinsella, PE Willy Ahn, PE, PhD Principal/Director, Waterfront Engineering, LEED AP Senior Waterfront Engineer, LEED AP :: • t}~~ Y:\Doc\MKT\Temp\Seward Grantfor WA\090803 Sewazd Letter Agreement.doc eL a E N O N N Q p1. M N Ni N O NN O O N N N O N OINI M M O t0 •- N OJi011~ O N (p V N N'Mi N N T ~ A C W OKI N ~ 0.M (O t~~Q' M NN O M O b W N N I~ M~l h N O h {p p V O 1~ O '~j J ¢~ ~ V ~ N ~ N N I~ ~. N ~^ ~ ~ ., ICI jN I N N M W QWIBa a° O OO ~ 0 O 0OO 0 OO O O O O O MMM V ".Qi N N O WiM iO b m NN i{O' "Ni J~ Ie10 N ~ ' ~ N N i ~ .,, ~ ~ ! , I ~ v p I x w sgOg jn ~ ~ o! j 0. 'O ~ I i o? I ~~uNi~m !Oi O ~ N:~r O n Q ~ ' i '. V I ~- c tp ~ I. 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