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HomeMy WebLinkAboutRESOLUTION 1982-031CITY OF KENAI RESOLUTION NO. 82-31 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING A GRANT FROM THE STATE OF ALASKA, DEPARTMENT OF ENVIRONMENTAL CONSERVATION, IN THE AMOUNT OF $105,565 FOR THE CONSTRUCTION OF FIRST, BIRCH, AND FOURTH STREETS WATER AND SEWER. WHEREAS, the State of Alaska has offered the City of Kenai a grant for $105,565 for the construction of water and sewer improvements on First, Birch, and Fourth Streets, and WHEREAS, the City of Kenai agrees to accept the responsibility - to operate and maintain the proposed water and sewer improvements and agrees to the terms and conditions of the grant offer, and WHEREAS, this grant offer must be formally accepted by the City of Kenai. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that this grant in the amount of $105,565 from the State of Alaska is hereby accepted for the construction of First, Birch, Fourth Streets Water and Sewer. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th " day of April, 1982. _VINCENT OIREII,Le:,�OR } ATTEST: J t Whelan, City Clerk '; Approved by Finance:_ F JAY NAMUR, oavMOR DEPT. OF ENVIRONMENTAL CONSERVATION Poaaio - Jiff" MY February 25, 1982 Mr. William Brighton City Manager City of Kenai Box 580 1�8z Kenai, AK 99611 r.: c " +crr�T�i•r� Dear kr. Brighton: State Grant Offer: First, Birch & Fourth Streets Water & Sewer In accordance with AS 46.03.030, the Department of Environmental Conservation offers the City of Kenai a grant of State funds, not to exceed $105,565, to be applied toward the financing of approximately 685 feet of 6-inch water line and 1370 feet of 8-inch asbestos concrete sewer, along with numerous taps for service laterals on Birch and Fourth Streets. This will be carried out in conjunction with street improvements and storm drainage on First, Birch, and Fourth Streets. This grant offer represents fifty percent (50%) of estimated non -federally funded eligible costs of $211,130. This offer is expressly conditioned upon the terms and limitations contained herein, and in 18 AAC 73, and is based upon the estimated eligible project costs as itemized below: 1. Administrative Expenses 2. Legal Expenses 3. Engineering Design Fees 4. Project Inspection and Surveying 5. Construction 6. Equipment 7. Other 8. 9. 10. Project Contingencies Total Estimated Eligible Project Costs -0- -0- 2,300 20,480 179,350 -0- -0- -0- -0- 9,000 N Mr. William Brighton Page 2 February 25, 1982 11. Total Estimated Eligible Costs 211,130 12. Less: Federal Financing -0- 13. Estimated Non -Federal Eligible Costs 211,130 14. State Grant = 50% of Line 13 105,565 Adjustment of expenditures within the budgeted cost items is allowed, however, if actual project costs exceed the total estimated eligible costs, a revised grant application must be submitted before additional funding can be committed. If actual project costs are less than the estimated costs, the grant will be reduced to the extent necessary to comply with the percentage limitation set forth in this offer. Grant payments. will be made in accordance with the enclosed payment schedule. All requests for payment must be submitted on the enclosed "Request for Payment" form. By accepting this grant offer the City of Kenai agrees to comply with the procedures and requirements contained in the Construction Grants Regulations (18 AAC 73, appended) as well as the following general and special grant conditions. GENERAL GRANT CONDITIONS 1) Plan Approval e grantee agrees to obtain plan and specification approval from the Department in accordance with 18 AAC 73.020 prior to issuing a notice to proceed with construction, to a contractor. 2) Contract Award & Contractor Bonding Requirements a. The grantee agrees to bid construction contracts exceeding $50,000. Adequate time, not less than 30 days, shall be allowed between the date of formal advertisement and the date the bids must be submitted. The grantee agrees that any contract awarded will be to the lowest responsive responsible. bidder. b. The grantee agrees to submit procedures for award of construction contracts of less than $50,000, to the Department for prior approval when means other than the competitive bidding process are proposed. c. The grantee must require the contractor to furnish performance and payment bonds in accordance with AS 36.25.010. d. If local or federal ordinances or regulations also apply to the contract award or contractor bonding requirements for this project, the most stringent requirements shall apply. - e. The grantee agrees to provide ADEC with a summary of itemized bid tabulations, a copy of the Notice to Proceed, and a copy of the construction contract. rO Mr. William Brighton Page 3 February 25, 1982 3) Change Orders The grantee agrees that all project change orders will be submitted to the Department for approval in accordance with 18 AAC 73.020(e). 4) Project Completion e grantee agrees to provide sufficient local funding to match State and federal grant assistance and to ensure the completion of a properly functioning project, in accordance with 18 AAC 73.020 {j). 5) 0 eration and Maintenance The grantee agrees to operate and maintain the completed project. 6) Titles and Easements The grantee agrees to obtain all titles and easements necessary to provide clear title or authority to construct and maintain the proposed project. 7) Eligibility The grantee acknowledges that disbursement of progress payments by the State does not constitute acceptance of any item as an eligible project cost until all project costs are audited and determined to be eligible. 8) Inspection The grantee agrees to allow State inspections of all project work and audits of related records and data for which this grant is offered, at any reasonable time. 9) Records The -grantee agrees to maintain project accounts and records which verify the grant eligibility of project expenditures. These accounts and records shall be kept apart from non -grant -eligible local records and from those records maintained for the purpose of other State or federal grant programs involved in the project. 10) Progress Reports e grantee agrees to submit periodic progress reports on the proposed project with each payment request. 11) Subcontracts The grantee agrees to submit project subcontracts over $10,000 and all changes to these subcontracts for Departmental approval. 12) Damages e grantee acknowledges that the State is serving only as a funding source for this project and as such is to be held harmless by the grantee from any claims or damages arising during or as a result of this grant assisted project. 13) Municipal Bond e municipal official having custody of the construction account must be bonded as authorized in AS 29.23.520. Mr. William Brighton Page 4 February 25, 1982 14) Grant Cancellation e grantee acknowledges the right of the State to rescind the grant and seek recovery of payments already made on the proposed project if the grant application is found to contain incorrect or misleading information or if a condition contained herein, or in 18 AAC 73 is violated. SPECIAL GRANT CONDITIONS None Please carefully review this grant offer, the related grant conditions, and the enclosed regulations. If satisfactory, sign and return the original along with a formal resolution accepting the grant enacted by the Kenai City Council. In the resolution, the municipality must agree to accept responsibility to operate and maintain the proposed water, sewerage or solid waste utility improvement and agree to the terms and conditions of this grant offer. Acceptance of the grant is required within six months to prevent revocation of the offer. No progress payments can be made until the grant offer is accepted. Nothing in this offer, whether or not accepted, may be deemed to constitute a contractual obligation on the part of the State until a resolution of acceptance has been submitted to the Department. The City is to be congratulated on its effort to provide this important community improvement. 4, Si nc ueller Commissioner Enclosures Accepted on behalf of the Typed Name Title Date Signature by: