HomeMy WebLinkAboutResolution No. 2020-59JC Sponsored by: Council Member Knackstedt
Kl;NAI
CITY OF KENAI
RESOLUTION NO. 2020-59
A RESOLUTION OF THE CITY OF KENAI, ALASKA, REQUESTING THE STATE OF ALASKA
DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES WARRANTY AND
MAINTAIN RESPONSIBILITY FOR BEAVER LOOP ROAD IMPROVEMENTS FOR A
REASONABLE TIME AFTER THE CITY BEGINS MAINTENANCE ACTIVITIES.
WHEREAS , in 2012 the City and State of Alaska Department of Transportation and Public
Facilities (the State) entered into an agreement for the State to improve Beaver Loop Road and
the City to assume ownership and future maintenance responsibilities ; and,
WHEREAS, on February 6, 2019 the City accepted a quitclaim deed for the road ; and ,
WHEREAS, the State designed, permitted and performed construction management of
improvements to Beaver Loop Road that is now at or near substantial completion ; and ,
WHEREAS, the City was not part of construction management and is not a party to the warranty
from the contractor and did not direct the contractor's work; and,
WHEREAS, the City desires to ensure that should unforeseen problems with Beaver Loop Road
improvements come to light with regard to construction, product or design deficiencies, the State
will take responsibility for any such issues, beyond the City's maintenance responsibilities.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA:
Section 1. That the City of Kenai requests the State provide warranty assurances to the City
that it will maintain responsibility for the workmanship, products and design of the Beaver Loop
Improvements for 3 years after final completion.
Section 2. That a copy of this Resolution will be provided to DOTPF Commissioner John
MacKinnin.
Section 3. That this resolution takes effect immediately upon passage.
PASSED BY THE COUNCIL OF THE CITY OF KENAI ALASKA, this 151 day of July, 2020.
T MOLLOY, VICE MAYOR
City of Kenai I 210 r:idalgo Ave, Kenai , AK 99611 -7794 I 907.283.7535 I www.kenai .cily
MEMORANDUM
TO :
FROM:
DATE :
SUBJECT:
Mayor Gabriel and Council Members
Council Member Henry Knackstedt
June 23 , 2020
Resolu ti on No. 2020-59 -Warranty and Maintaining Responsibility for
Beaver Loop Road Improvements
The State and its contractor are at or near substantial completion of improvements to Beaver
Loop Road . Pursuant to the City 's agreement with the State executed in 2012 (attached), the City
has taken ownership of the road and will be responsible for future maintenance. The State
designed, permitted and performed construction management of the improvements to the road .
If any defects in the design, construction or products used are discovered going forward, the State
should ensure these potential issues are addressed and not leave it up to the City to remedy as
the City does not have any warranty from the contractor that the State may have . Likewise the
City did not have oversite of the work to ensure its quality.
Your consideration of this Resolution is appreciated .
Memorandum of Agreement
Between the State of Ala ska
Department of Transportation and Public Facilities
and the City of Kenai
Regarding the Improve ment and Transfer of
Beaver Loop Road -Bridge Access Road to Kenai Spur Hi ghway
Project No. 53456
The Patties lo thi s Agreement are the State of Alaska acting th rough its Department o f
Tran ~po rtation and Public Facilities (hereafter DOT&PF) and the City of Kenai , a Cit)
established under A laska law (hereafler the C it y).
WHEREAS, A.S . I 9.20.060 authorizes the State and th e City to enter into agreements for
establish in g, maintaining, and regu lat ing use of pub lic ways within their respective jurisdictions.
an d
WHEREAS, the City request s DOT &PF to plan, de sign , and construct the Beaver Lo op Road
Imp rovement and Pedestrian Pathway Pr oject identified as Project No. 53456 (hereafter known
us the Project), located within the boundaries of the City of Kenai, and
WHEREAS, the DOT&PF agrees to fund and con struct the Project a nd will pro,·ide a ll lab or,
materials and equipment necessary to construct th e Project in accordance with the provisions
co ntained within th e Project documents nnd plans , and
WHEREAS, DOT &PF owns that portion of Beaver Loop Road c overed by thi s Project and
desire s to transfer all of its existing righ ts and future maintenance of the right of way to the Cit),
and
WI IEREAS , the City agrees to accept. by Commissione1 .. s Quit Claim Deed, all of th e exi sting
rights and future maintenance of Beaver Loop Road , and
WHEREAS, it has been determined that thi s work will serve the public interest and enhance th 1::
quality of life for the residen ts of, and visitors to , the C it y, and
WI IEREAS, the part ie s hereto wish to memoria li ze within this d ocument, hereinafter referred to
as th e '·Agree ment". th e ir spec ific agreements related to the Pr oject and che maintenance and
operations of the facility ,
IT IS THEREFORE AGREED by th e parties , in co ns ideration of the mutual promises contained
in th is Agreement , as set forth belm.v , regard in g the planning, design, co nstruction , maintenance ,
tra ns fer of right of way and operation of the Project.
.\I E.\I OR.\NO U:\I OF 1\GREE:\!Ei'. I
Bea' e r Loo p Road · 13 n d gc Acce ss Road 10 Kc :i~i ~p ur Hi~h"•')
Prnj (cl No . 5 3456
Page I o f~
I. PLANNING, DESIGN, AND CONSTRUCTION
a. DOT &PF shal I plan , des ign. and construct the Project within the approve d scope and
funding. The City shall ha\'e no claim against DOT&PF for cost overruns or if the
money ava il ab le is not adequate to comple te th e Project.
b. DOT&PF shal l be responsible for permitting all utility relocation s nece ssary for this
Project.
2. SCOPE OF WORK
The scope of the improvements to Beaver Loop Road being implemented under thi s
agreement are depi cted within th e drawings for the Project. Generica ll y, the improvements
include, but are not limited to, resurfac ing the existing roadway adding 4 foot pa ved
shou ld ers and a separated pedestrian pathway.
3. MAINTENANCE AND OPERATIONS
a. The City agrees to maintain and operate th e tran sferred road after substantial co mpletion
of the constru ction of th e Project.
b. The City shall perfo rm its acti vi tie s under th is Agreement at its sole cost a nd expense and
with out reimbursement from DOT &PF. The City's maintenance activities include, but
are no t limit ed ro:
I ) Planning, sc heduling, administration. and logistics of maintenance activities;
2) Traffic control and safety;
3) Preservation of draina gt: in an as-built condition. in c luding maintenan ce of all
culverts, ditches , storm sewers, guners, dry wells, and under-drains;
4) Emba nkm e nt protection , including erosion control, to as-built conditions:
5) Roadside manage ment;
6) Snow and ice removal;
7) Snow and ice control , including all plowing, sa nding , culvert and storm sewer
thawing, snow hauling, winging, opening of shoulders, ice scr:iping , drift control,
snow slide remova l, and associated tasks as may be required for th e safe and timely
passage of the public;
8) Mainta ini ng signs and dclineators in an a s-b uilr condition and their replacement,
including posts and foundations, when damaged, unreadable, or worn out;
9) Highway marking and repainting as re quired maintaining performance of th e ir
intend e d function ;
IO) Repair of street light s as required to ensure a functioning system. includin g
repair/replacement of lenses, light bu lbs , ph oto cells, contacts, rela ys, and wiri ng:
11) Removal of debr is. nibbish . and dead animals ;
12) Signing of seaso nal weight restrictions as may be required by local cond it ions;
13) Potho le repair using asphalt products on an as-needed basis;
~tF.MORANDUM OF AGREE MEN r
lka\·er Loop Road · Bridge Ac,ess Rood to Kenai Spur I lii;hway
Projccc No 53456
P~ge 2 of5
14 ) Annual crack seali ng;
15) Repairs of mi nor rutting , waYes, sags. humps, corrugations, raveling, alligator
cracks , pittin g, and bleeding on an as-ne eded ba sis.
4 . TITLE TRA NSFER
a. Upon completion of pre liminary design and approval of an envi ro nmental docu ment , th e
City will ha ve an opportunity to review and accept the scope of the project. After the
City has accepted the scope of the projec t and prior to final de sign and construction of the
proposed improvements DOT &PF shall execute and the City sha ll accept a quitclaim
deed that conveys all of DOT &PF's right, ti t le , and int erest in Beaver Loop Road and th e
Project to the City, subject to utility pe1mits issued under 17 AAC 15, encroachment
permits is su ed und er 17 AACI0.010 through 17 AAC I 0.01 S, and driveway permit s
issued und er 17 AAC I 0.020 through 17 AAC 10 .990. A draft copy of th e quitcla im
deed is attached for referen ce .
5. DISPUTE RESOLUTIO N
a. If a dispute arises under this Ag reement between the Cit y and DOT&PF , and the parti es
canno t resolve the ma tter between them within 45 days after the aggrieved party gives
notice to the other party , the aggrieved part) may request th at the matter be resol ve d by
arbitrati on .
b. Each part y shall appoi nt an arbi trator to hear the d ispute . The two arbitrators acting
toge th er shall selec t a third arbitrator to j o in them on an arbitration panel. The three
arbitrators shall hear th e matt e r under suc h rules and procedures ns the y deem nece ssar)
to conduct the proceedings.
c . Each party shat I pay the expenses of the arbitrntor it appo int s . The part y again st wh o m a
decision is rend ered shall pay the costs of th e arbitrator selected by the arbitrators
appointed by th e partie s. and all expense s incu r red in the conduct of any hearing o n the
dispute .
d. Except when th e provisi o ns of this paragraph (5) prov ide otherwise, any arbitration un der
thi s paragraph is subjec t to AS 09.43.0 I 0-09.43.180, the Uniform Arbitration Act.
e. A deci sion by th e Federal Government denying , or limiting, federal participation in
project co sts may not be arbit rat ed under thi s Agreement. The City may only pursue such
cla ims under federal la w and procedure.
~!E~v!OR.-\:-JDU'.\t OF AGREEME:-. T
!ka' er Loop Roo d · Bridge Access Road to KenJ1 Spur I ligh· "'>
Project No . 53456
Page 3 of j
6 . Il\DE:---11\IFICA TION
To the maximum extent al lO\.ved by law, the C ity sha ll indemnify. defend , and ho ld the
Department , it s officers, employee s , and a gent s (collectively the "Ind emnified Parties '')
harmless from a ll li abil it y, c laim s , causes of action, and costs (in c ludin g a t!orn ey's fees )
ar ising out of thi s Agreement or relating to the ob li gations assigned o r work perform ed under
this A greeme nt , including, b ut not limited to, liability, claims, and causes of action a ll egin g
or arising out of a ne gl ige nt act or omission by one of th e Ind emnified Parties.
No twith s tanding th e fo rgoing, th e Ci ty shall hav e no ob li gat io n to indemnify. defend , or ho ld
th e In dem nifi ed Pa rties harmless from :
(a) claims for personal inju ry, dea th , or propert y damage ari s in g from in ci dent s
occu rrin g prior to Substa ntial Completi o n;
(b) claims for personal injury , death , or propert y dama ge al leging a neglig e nt ac t or
om is sion by o ne of the Indemnifi ed Parties an d ari s in g from in ci dent s occ urr ing
w ithin three years from the date of Substantial Completion; or
(c) claims arising fr o m o r asserted under AS 46 .03 .82 2.
As used in thi s Section, "Substanti al Co m pletion·• mean s th e time at w hi ch the Proj ect (a) can be
safe ly and effecti ve ly use d by the publ ic without further d e la ys , di s ruption, o r other
impedim e nt s, and (b) pa ve ment structure, shoulder, <lrain age, sidewalk, pe rmanent signi ng and
markin g, guardrail and other traffic barrier, safety appu11e nances, utilities , lighting, an d bridge
deck a nd parape t wo rk is complete.
7. A\llENDMENT OF AG REEM ENT
This Agreement may only be modified or amended by written ag reement o n th e pre scri bed
Supplemental Agreement forms signed by both parti es.
8. THE WHOL E AGREEM E NT
Thi s Agree ment co nst itu tes the en tir e agreement be twee n th e parties. The re are no ot her
understand in gs o r agreements between the patties, either oral or memoriali ze d in writ ing
reg arding t he matters add resse d in this Agreement. T he partie s may not amend thi s
Agreemen t unl ess agreed to in wri tin g with both parties signing through the ir auth o rized
rep resentat ives .
f\!E !\IO R.'\~DLIM OF AGREDtEN T
fl eaver Loop Road -Brid ge A ccess Road to Kcnni Spur lligh\•ay
Project No 53456
Page 4 o f 5
CITY OF KE NA I
A CKNOWLEDGE!\ I ENT
STATE OF ALASKA
) SS.
T ll lRD J UDI C IA L DISTRICT )
On thi s~ da y of .\VN~ , 20J1:, Ri c k Koch, City Ma nager acknowledged befo re me that he
execute d the fo regoing do cu ment fr ee(\\"'1Cb'RIP,1_11aril y wi th full authoriry to do so .
~\\~~-~-, .,,.., -------=:~~ .;§~~ ....... u.;.;•.,;0;_ C--__ ...c.:;--::===-: :s §11 .· --·· ·. ·~ "'-: --g .:~o1f.\t~v···~'% Notary Public, State of Alask!
§ ; pU9\.\C j A~ My comm iss ion exp ires: W LC ft'C-~
"%i".~-· ~·6~ ~ ~····CX'~~·: ~ ~ ............ ~
***************************-..Jl ~ :\'~············*·•······················•••+•
'JJ)JJJIJ))))\\\'''''
ST ATE OF ALASKA , DEPARTMENT OF
TRANS PORT ~TION A N PUBLIC FAC ILITY
By: v ·J s. J..
Robe . ampbel , P.E.
Regi d nal Director
Dat e
ACKNOWL EDGEMENT
STATE OF ALASKA )
State of Alaska
NOTARY PUBLIC
Robert Holbrook
No tar y Public, Sta te of Alaska .J
My commission expires : W~ o£-f'c·c e..
My Commission Expires With Ott:r-~
1'1EM O R1\ND U:-.1 O F AGR EEME NT
!3c avc r Loo p Road · Orid ge Accc;s Road lu K ~n a i Spu r H ig h "~)
Prnjc:ct l'\o . 53-1 56
Page 5 o f 5
I
State of Alaska Deparbnent ofTranspor tation and Public Facilities
COMMISSIONER'S QUITCLAIM DEED
THE GRANTOR, STATE OF ALASKA, DEPARTMENT O F TRANSPOR TATIO N A N D PUBLlC
FACILITIES, whose mailing address i s P .O. Box l 96900, Anchorage, AK 995 19-06 90, hereinafte r referred lo as
"the S tate", acting by a nd through its Co mm iss ioner, unde r the autho rity of A .S . 19 .05 .070, for and in cons id erati o n
o f mutu a l benefits, s ubj ect to the below-d escribed int erests and conditions, d o es hereby remise, re lease , and
quitclaim unto the GRANTEE, t h e CITY OF K ENAI, whose m a iling address is 2 10 Fi dalgo A\·e nue, Kenai,
Alaska 99611 , hereina fter referre d lO as "th e C ity", t he Grantee's s u ccessors and assigns foreve r, all right, title, a nd
interest, if a n y, n o t he re in reserved unto the S tate, in and to that real property and all i mprovements located th e reon
s ituated in the Kenai Recording Dis trict, Th ird Judicial D istrict, S tate of Alaska, m o re particularly described as
fo llows:
All o f the following road as shown on Plat No . 20 14 -104, located within Sec tio ns I , 2, 4 , 9, 10,
and 11, Township 5 North, Range 11 West and Section 36, Township 6 North, Range 11 W est,
Seward Meridian, Kenai R ecording District, Third Judicial Dist rict, S tate of Alas ka, or as may be
amended .
I . Beaver Loop Road : Starting a t its intersection with Kenai Spur H igh way approximately
M.P . 0.0 and p roceed ing sou th 3.7 miles to its intersec ti on w ith Bridge Acc ess Roa d.
T he Grantee takes t itle to the conveyed prope rt y subject to:
(a) AJJ rights reserved by the Sta te of Alaska, purs uant to Art. 8, Sec ti on 9, of the Alaska State
Constitut ion , AS 38 .05.125, and AS 38.05.130;
(b) All existing le ga l or equ itab le rights, easements, rese n-ations, or restrictions of third parties, including
o the r state a gencies, recorded or u nr ecorded.
I n con side ration of th is con veyance, the Grantee a grees a s fo ll ows :
I . T he Ci ty is familiar with the prope rty described above, including all r ights-of-way, improvements , and
s tru c lures located t hereon he reafter referred t o a s the "road".
2. T he Grantee represents that it h as ins p ec te d the above-describe d property a n d has had s ufficient opportun ity to
perfo rm an e n vironmental assessment of that property fo r t he purpose o f detennining whether any hazardous
mate rial c ontam in a te s th e p ropen y. For purposes of thi s agreement, a "hazardous m a terial" is any c hem ical,
metal , p e troleum product, or other substance (or any combination of h azardou s ma terials) that is d esignated a s
"h azardous" by the U.S . En v ironmental Protection Agency and that is regulated b y any government agency in
any q u a ntity as a contaminant, h azard o us material, o r threat to h ealth or safety. The G rantee, by accepti n g 1h i s
conveyance, recognizes that Grantor m a kes n o representatio ns con cern in g th e p rese nce or absence o f a n y
hazardo u s material on the property. Grantee, by accepting this conveyance, releases and indemnifies Grantor,
but n o t Grantor's predecessors in interes t, from all ris k, cost , and respons ibility should a n y hazardous mate rial
contamination of the prope rt y b e fo uud to exist s ubsequent to the transfer of ti t le under this d eed.
R e turn to: State of Alas ka
DOT&PF ROW Engineering
P.O. Box 196900
Anchorage, AK 99519-6900
State Business-No Charge
REG I0:-1 : Central Co m1ms;i on~r's Qunclaim Deed 11'\DEX 369.002 Page I of 4
3. Upon acceptance of this Deed by the City, the State shall cease ownership, maintenance, and operation of
the road and the City shall be solely responsible for its ownership , maintenance and operation. Notwithstanding the
City's responsibilities stated herein , the State shall provide for maintenance and operations of the faci lit y until
Substantial Completion of the construction of the Bea\·er Loop Road lmpro\ ement and Pedestrian Pathway Project,
identified as Project No. 53456 .
In addition to the conveyance described above, ru1d relating to the property and property interests therein co11\"eyed
to the City , the State hereby assigns to the City all its rights , powers, interests, and privileges in or arising from each
and every one of the utility pennits listed below:
Permit Number Permittee Facility
1-117770-05-067 ACS underground tclecom
1-Z534560000-l 7-57
ACS of the Northland,
LLC
1-1 17770-15-013 APC natural gas transmi ssion line
1-117623-69-001 Better Concrete culvert
1-] 1 7790-] 1 -107 CTN GS buried natural gas main.line
1-117770-14-167 ENSTAR natural gas service lin e
1-117770-J 0-232 ENSTAR natural gas mainline
1-117770-05-350 ENSTAR natural gas service lin e connect
C03 -047 ENSTAR natural gas service line connect
C96-064 ENSTAR natmal gas service line connect
C95-187 ENSTAR natural gas service line connect
C96-028 ENSTAR natural gas service line connect
C04-07l ENSTAR main connect 2"
C93-157 ENSTAR service line
C92-153 ENSTAR service line
C87-050 ENSTAR main bore
I -Z534560000-l 7-59 ENSTAR
J-117770-07-3 03 GCI buried & aerial teleconununications facility
l-Z534560000-17-60 GCJ
1-117623-84-119 GSTC underground communication cable
1-117623-84-019 GSTC underground communication cable
1-117623-83 -585 GSTC underground communication cable
1-117623-83-566 GSTC underground telecommunications facility
1-117623-83-303 GSTC underground telephone facility
1-117623-83-003 GSTC buried communications
l -117623-82-318 GSTC underground telephone facility
1-117623-80-008 GSTC underground telephone facility
REGION : Central Commissioner"s Quitclaim Deed INDEX : 369 .002 Page 2 of4
Permit Number Permittee Facilitv
1-117770-11 -049 IIEA overhead electric line
1-117770-10-324 HEA buried primary electric line
1-117623-85-508 HEA overhead electrical distribution
1-117623-69-00 l HEA electric distribution line
1-117623-68-001 HEA pole line
C95-224 HEA overhead secondary service line
C93-l 82 HEA overhead secondary service line
C90-205 HEA street light
C87-0IO HEA street light
l-Z534560000-l 7-6 l HEA
l-Z534560000-l 7-62 HEA Linc Extension
1-117623-83-390 Inl e t Visions telecommunications facili ty
1-117770-l 3-085 Kenai buried sewer main line
1-1 17770-13-084 Kenai buried water main line
1-117770-11-317 Kenai buried water main line
1-117623-67-001 Kenai sewer line crossing
1-117770-10-342 Kenai buried water main
I -117770-10 -343 Kenai buried sewer main
1-117623-77-023 KUSCo gas line casing
1-117600-67-011 KUSCo buried gas line
C84-259 KUSCo gas service line
C84-099 KUS Co 3/4" gas line tap
C84-074 KUSCo 2" gas line tap
C80-121 KUSCo natural gas service li ne connect
C83-024 KUSCo 2" gas line
C81-10 9 KUS Co 3/4" natural gas service line
C80-102 KUS Co natural gas service line connect
1-117623-91-165 Prime Cable underground telecommunications facility
1-117623-94-228 PTT buried telephone cable
1-117623-98-142 PTI buried telephone cabl e
C93-005 Union Oil natural gas transmission line
C93-028 Union Oil natural gas transmission line
R.EG IO N: Central Commissioner's Quitclaim Deed INDEX : 369 .002 Page 3 of 4
Th e GRANTEE'S si g nature on the Cert ifi cate of Acceptance below co ns ti tutes ac ceptance of the above-described
real property as we ll as th e tenns and conditions of this co nv eyan ce.
STATE O F ALASKA, DE PARTJ\IENT OF
TRANSPORTATION AND P UBLIC FACILITY
Date
NOT ARY ACKNOWLEDGEMENT
ST ATE OF ALASK A )
)ss . ~
THIRD JUDI C IAL DIST~CT ) ........___ · -;:::> 'k' C-, J-'
1.)ict.1\(l...I N3i IS ~ ~"It; "1"f'•1 ~
O n thi s )0-dl day of ;,i .ftmtwc' , 2018 , Ba ve Ke1~ Centra l Regi on Direc tor of th e DOT &PF
of Tra nsp ortat ion and Public Fac il ities , ac knowledged before me th at he ex ec uted the fo rego in g document free ly and
volunta ril y with full au thority to do so.
\\\({{{{(((( \ \\\~~~~.~~~----,.. r---:-) ~A ' n
0 o .. --· . o -;::. -J _../ "''~ wJ-& -~ Q:' .. :..._ ..... 0,. AR,..... -;::. -<---'8,_Y.,._._--,-~"'-/~.-/~..:...:..~-=--------~ . ~p~~~\v 'f.: ~ ~~!1~~~;!~~~~::i~~t&d~ 6Jtk;~)
... \I'~ ---cf.· :; (_) w--:::. · 1"~ Of 1>.\..?'. • :\' ~ . . . . . . . \'\
.......... .1.1 * \\\
/}))J}j/)l\\l
CERTIFICATE OF ACCEPTANCE
TH IS I S T O CERTI FY tha t the C it y of Kenai , Gra ntee here in , hereby accepts the co nveya nc e of rea l prop erty ,
or in terest the rein, de scri bed in thi s instrnmen t and consents to the reco rdati on th ere of:
IN WITN ESS WH EREOF , I have here unto set my ha nd thi s ti"> day of ff:B~\J kf-f , 20 18 .
CITY OF K EN AI
By: __.__?---'--U_...._.....U~~--2--r-/(t?---r-/J_C,
Paul O strander, City Manager ~aa;e
R EG ION : Cc!ntrnl Co 111 miss1on er"s Q111tcbim D<'cd !~DEX: 369.002 Page 4 of 4