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HomeMy WebLinkAboutRESOLUTION 1987-16 Suggested By: CITY O~ KBHAZ RBSOLUTTON 87-16 Administration A RKSOBUTION OF TilB COb~CIL OF ~S CItY OF KRNAZ, ALASKA, ACCSP~INO A O~ ZN ~B ~O~ OF 8562,~00 ~OM~ STATE OF ~8~, DRP~~ OF ~RO~AL CONS~VATZON~W~ ~ZN~CZNG OF A S~ Z~CBP~R ~ ~OMPSON P~K. ~S, the Depar~en~ of Snviro~en~al Conse~a~ion has o~ered ~o ~he City st Kena~ a grant in the ano~ o~ 8562,~00 as par~ial financing o~ a sewer interceptor na~n line. includ~ng li~t stat~on, to ~hompson Park; and, ~S. the State re~ireo the City to accept ~he grant by resolution, to accept responsibility to operate and maintain the pro. sad sewer system, and to agree ~o the ~erms and condit~ono of the gr~t oEEer. NOM~KRBFORE, BE IT ~SOLVED BY ~K CO~CIL OF ~E CI~ OF ~ect~on ,~: The City of Kenai accepts Grant No. 46540 in the a~ount of $562,100 from the State of Alaska, Department of ~nvironmental Conservation. Section The City of Kenai agrees to accept responsibilit~ to operate and maintain the proposed sewer system, and agrees to the ter~J and conditions of the grant offer. PASSF~ BY THE CO~CIL OF THE CITY OF KENAI, A~ASKA, that 19th day of August. 1987. ~ A~EST: City ~t~lan, Clerk Approved by Finance: (8/11/87) L_ April 7, 1987 The attached Resolution accepts a D.E.C. Grant for $562,100 for a sewer interceptor to Thompson Park. If accepted, we agree to the terms and conditions of the grant offer. The Council should read the attached offer and consider that: 1) The estLmated cost of the project is $2,243,000. The City*s share is, therefore, estimate~ at $1,680,900. The City is agreeing that it will provide the local fun~s to ensure completion of the project (condition %4). 2) The State may cancel the grant at any time (condition %14). 3) The grant is subject to the availability of money. We may receive $196,735 instead of $562,100 (see condition %15). In that case, the City's share would be $2,046,265. L r- OFFIa; OF T~E COHNISSIONER P.O. BOX O, ~UtlEAU 998~1-1800 I~rch 19, 1987 '1 Nr. Samuel Gesko Ctty ~nager 210 Ftdalgo Street Kenat, ~ 99611 Dear I~r. Gesko: Grsnt Offer: ~mpson P~rk ~r & S~er (J465~) In eccor~nce Nt~h AS 46.03.030, Governor C~per 8nd ~e Dep~r~n~ of Envtro~n~l Conse~at~on (Oe~r~nt) offer ~e ct~ of Ke~t (gran~) a grant of S~ fun~ not ~ exceed $562,~00. Thts grant ~11 be applted ~rd the ft~ncl~ of tns~111ng a s~er tn~rcep~r mtn 1the rrm the extsttng mtn on Law~n Ortve ~ Th~son 'Park S~dtvtston, and a 1Jrt s~Uon. Thts grant ~fer represen~ a '~rtton ~ estt~d nonf~erally f~ded ellglble cos~ of Thts ~fer ts expressly condJtloned u~n the ~ms and 11m1~ttons con~1ned heretn, tn 2 MC 45.0~0 (copy enclosed), and tn 28 MC 73, and 1s based upon esU~d eltgtble project cos~ as t~tzed belw: Total Esttmted Eltgtble Pro~ect Costs 2. Administrative Expenses $ 1,000 2. Legal Expenses -0- 3. Engineering Design Fees -0- 4. Project Inspection and Surveying 175,000 5. Constructt on 1,907,000 6. ~.qutpment -0- 7o Project Contingencies 160,000 8. Total Estimated E11gtble Costs 2,243,000 / L I- S~mual Gesko -2- (t46540) ~rch 19, 1987 9. Less: Federal Ftn~ncfng -0- 10. Esttmted Non-federal Elfgfble Costs 2,243,000 11o S~ate Grant · 50Z of Ltne 10 562,100 Adjustment of expenditures vtthtn the budgeted cost ftems fs allo~ed; ho~- ever, tf actuel project costs exceed the tot~l esttmtsd e119161e costs, a ~evJsed ~'ant &ppllc~tton must be s~bmttted before addJtfonal fundtng can be ¢~mttted. If actuel project costs are less than the estfmated costs, the grant wtll be reduced to the extent necessary to comply wJth the per* centege 11m~t~t~on set forth tn th~s offer. Grant payments ~11 be rode ~hen expenses have been tncu~ed and documentet~on has been provided to the Department along with the payment request form, unless a payment schedule ts establfshed as a special condftton of this grant. Payments ~tll normlly be mede monthly, but no more frequently than ~tce per month. All requests for payment must be submitted on the enclosed Request for Payment rom. By accepting thts grant offer, the city of Kenat agrees to c~ply ~th the procedures and requirements contained tn the Construction Grants Regulations (18 AAC 73 appended), as ~ell as the fo11~tng general and special ~"ant conditions. GENE,R..~.,~ GRANT CONDZTZONS Plan Approval The grantee agrees to obtain plan and ~pectflcatton approv~l frem the Department tn accordance wtth 18 AAC 73.020 prto~" to issuing a Notice to Proceed wtth Construction to a contractor. Contract Amrd & Contractor Bondtn9 Requirements The ~"antee agrees to bid construction Contracts exceedJng $50,000. Adequate time (not less than 30 days) shall be a11o~ed between the date of form~l advertisement and the date the bids must be submJtted. The grantee agrees that any contract a~arded ~tll be to the lo,est responslve, responsible btdder. b. The grantee agrees to su~mtt procedures for a~ard of construction contracts of less than $50,000 to the Department for prior approval ~hen ne~s other than the competitive b~ddtng process are proposed. c. The grantee must requtre the contractor to furnish performance and pay~entbonda in accordance ~tth AS 36.25.010. do ~f loc~1 or federal ordinances or regulations also apply to the con~act amrd or contractor bonding requfrements for th~s project, the most stringent requ1~ements shall apply. e° T~e grantee agrees to provide the Department Nfth a summry of tte~tzed b~d tebulattons, a copy of the Nottce to Proceed, and a copy of the construction contract. L_ L t Ill ......... I I II Samuel Gesko -3- ~rch 19, 1987 (t46540) Change Orders Th~ g~antee agrees that all pro~Ject change orders wtll be submitted to the Department for approval tn accordance wtth L8 AAC 73.020(e). 4. ~ provtde sufficient local fundtng to match State ~ees ~ .... and federal grant assistance and to eosure The completion, of a _proper]y_ functioning p-oJect__ tn accordance wtth 18 AAC 73.020(J). 5. O~rattonand liatntenance - ~-~an e agrees operato and matntatn the completed project. Tttles and Easement..s The grantee agrees to obtatn all tttles and easements necessary to provtde clear tttle or authority to construct and matntatn ~he proposed project. Eligibility Yhe grantee acknoeledges that disbursement OF progress payments by the Stste does not constitute acceptance OF any 1tern as an e119161e project cost unttl all project costs are audtted and determined to be eligible. Ineligible project costs must be tncluded tn the ftnal audit report. Inspection The 9~antee agrees to allo~, at any reasonable ttme, department Inspec- tion oF all project work and audit of related records and data for ~htch thts grant ts offered. 10. Records The g~antee agrees to maintain project accounts and records Nhich verify the grant eligibility of project expenditures. These accounts and records shall be ~ept apart from non-grant eligtb~e loca~ records and from those records maintained for the purpose of other State or federa~ g~ant programs involved in the pro;iect. Progress Reports The grantee agrees to submtt pertodtc progress reports on the proposed pro~lect ut th each payment request. Subcontracts The grantee 'agrees to submit pro/iect subcontracts over $10,000 and all changes to these subcontracts for Departmental approval. Damases The grantee shall hold and save the Department, its oFficers, agents, and employees harmless from 11ability oF any ktnd, Including costs and exponses, for or on account of any and all sutts or damages oF any nature, substatned by any person or persons or property, by vtrtue of pe~omance of the grantee, or any person or entttl~ acttng In place of or for the grantee for thts project. L · I r- Samua] Gesko -4- .qarch 19, 1981 {~6540) 13. Huntctpal Bond The municipal offtcta] havtng custody of the construction account must be bonded es authorized tn AS 29.23.520. 14o Grant Cancellation The gra'ntee' &cknow]edges the right of the Department to resctnd thts grant end seek recovery of payments already made if the grantee has provtded Incorrect or misleading information to the Department or Jf · grant condition contained heretn or tn 18 AAC 73 Js violated. Thts .. grant offer may be terminated at any time tt is Jn the best interest.. of the State to do so. 5. Avetlabtltt~ of Funds The tote] award for -this grant ts $$62,100. Durtn9 the fiscal year endtng ~une 30~ 1987. ~e ~ran~e m~ .not be reimbursed for mo~ $196,735~ unless additional cash fl~ ts"au~oMzed 'by '~e Depa~nt. ~e Depar~nt will notify ~e gran~e, In ~ltlng. If end ~Jonal funds '~re aVailable. The gran~ fs on notlce 'that agree~nt Is sub~ect ~ av~tlabtlJ~ of ~e~ fr~ S~, federa], other sources~ ftnance the pe~o~nce set ~t In th~s agr~nt. ;f fundtn~ ts ~tthdr~n~ reduced~or ttm1~d_tn any ~y afar ~e ~ffeCtJve ~ ~of thts agrWnt and befo~ the crop, etlon of ~o~ under t~s se~'tton 'shall be tmp]~n~d under ~e s~ conditions as a ~mtnatlon under condition 14. ;f ~e Depar~nt de~tnes tn t~ best tn~sts ~ ~e S~, ~t my renegot~a~ the ~ms of agreewnt ~n accor~nce ~ ~e n~ funding ~mt~ttons and condlttons~ SPEC~ GR~T ~ND~T~0NS None Please carefully revtew this grant offer, the related grant coedt'ttons, and the enclosed regulations. If satisfactory, sign and return the original, along wttha formal resolution accepting the grant enacted by the Kenat Ctty Counctl. In the resolution the municipality must agree to accept responsibility to operate and maintain the proposed water, sewer, or solid waste utility improvement and agree to the terms and conditions of thts grant offer. Acceptance of the grant is required within six months to prevent revocation of the offer. No progress payments can be made until this grant offer Js signed by the grantee and returned to the Department. Nothing in this offer, whether or not accepted, may be deemed to constitute a contractual obligation on the part of the Department until a resolution of acceptance has been received. L II I IIII ......... Samuel Get, ko -5- l~arch 19, 1987 (t46540) The Ctt~ ts to be congratul&tod on 1ts effort to provide this Important cm=unt t~ Improvement. St ncerely, Cmmflsstoner Accepted off behalf of the ctty of Kenat by: Typed Name Signature Tt tl · .... Date L_ I I II IIII