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HomeMy WebLinkAboutResolution No. 2007-08Suggested by: City Council CITY OF KENAI RESOLUTION NO. 200?-O8 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING AN AGREEMENT BETWEEN THE STATE OF ALASKA, DEPARTMENT OF TRANSPORTATION & PUBLIC FACILITIES, DEPARTMENT OF CORRECTIONS, AND THE CITY OF KENAI, ALASKA, TO FACLITATE CONSTRUCTION OF A WATER MAIN TO THE WILDWOOD CORRECTIONAL COMPLEX, PROJECT NO. 50783 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF KENAI. WHEREAS, the State of Alaska wishes to construct approximately 3,000 feet of 12-inch water main connecting the water main on Redoubt Avenue in Kenai to the Wildwood Correctional Complex, Project No. 50783; and, WHEREAS, specifications related to parties' project-related obligations, ownership, maintenance, operation, compensation, etc. is provided in the attached Agreement Concerning Wildwood Correctional Complex Water System Upgrade. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, approves the Agreement Concerning Wildwood Correctional Complex Water System Upgrade between the State of Alaska, Department of Transportation & Public Facilities, Department of Corrections, and the City of Kenai, Alaska to facilitate construction of a water main to the Wildwood Correctional Complex (Project No. 50783), and authorizes the City Manager to execute the Agreement on behalf of the City of Kenai. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of February, 2007. ~/~ PAT PORTER, MAYOR ATTEST: ~~~~~ Carol L. Freas, City Clerk AGREEMENT CONCERNING WILDWOOD CORRECTIONAL COMPLEX WATER SYSTEM UPGRADE BY The Alaska Department of Transportation and Public Facilities, The Alaska Department of Corrections, and The City of Kenai, Alaska Parties to Agreement This is an Agreement by and between the State of Alaska, Department of Transportation and Public Facilities (hereinafter °DOT&PF"), the State of Alaska, Department of Corrections (hereinafter "DOC"), and the City of Kenai, Alaska (hereinafter °the City") Purpose of Agreement This Agreement is entered into in order to facilitate construction of approximately 3000 feet of 12-inch water main connecting the water main on Redoubt Avenue in Kenai to the Wildwood Correctional Complex in that community, Project No. 50783 (hereinafter "the Project"). The water main route shall be the most direct with the capacity to facilitate the volume and pressure to meet the current needs of the institution. Any monetary increases due to water main route changes to provide for future private development will be bore by the City. This Agreement formally identifies and establishes the parties' respective responsibilities, participation, concurrence, and intent in the completion of the Project. It also identifies the parties' respective ownership interests in the water Page 1 of 10 main to be constructed; responsibilities for that water main's maintenance and operation after construction. Recitals Whereas: 1. DOC operates the Wildwood Correctional Complex in Kenai, Alaska, a facility which has a need for a reliable supply of potable water. DOC has secured State funding in the amount of $500,000 for the purpose of upgrading the Wildwood Correctional Complex's water supply system; 2. DOT&PF is generally responsible for overseeing construction projects of this type. DOT&PF has the authority, however, to contract directly with the City to plan, design, manage, construct, and provide construction inspection for the Project; 3. The City has the ability to obtain the services of an engineer capable of providing the engineering, construction management, and construction inspection for the Project; 4. The City has the ability to plan, design, manage, construct, and provide bidding services and construction inspection for the Project, in a fashion which is consistent with acceptable industry standards; and 5. The City has the ability to operate and maintain that portion of the water main to be constructed during the Project which is outside the boundaries of the Wildwood Correctional Complex. Now Therefore, in consideration of the mutual covenants contained in Page 2 of 10 this Agreement, DOT&PF, DOC, and the City agree as follows: The Parties' Project-Related Obligations 1. DOC will fund the design, bidding and construction of the Project in its entirety, within the limits of the $480,000.00 which has been appropriated for its completion; 2. The City will be responsible for providing all planning, design, project management, bidding services, construction, and construction inspection activities in the construction of the Project. The city shall design or have designed the installation of a 12" waterline from Redoubt Ave north along 4th Ave onto the WCC property. An alternative option of installing 12" waterline from Redoubt Ave north along 5th Ave, west along Florida Ave and north along 4th Ave and onto the WCC property will also be designed. Contractors may bid on either or both of these options. The DOC will select the option which it wishes to award after bids have been opened. The City shall perform these duties in a fashion which is consistent with acceptable industry standards. The DOC will review and approve all contracts with consultants who are performing work related to the Project. 3. Prior to award of the construction project, DOC will review the construction bids and all alternatives and will determine whether to award a contract and which, if any, alternatives are to also be awarded. The DOC will also review and approve all Change Orders associated with this project. Neither the City of Kenai nor any of its representatives will have the authority to authorize work associated with this project without the prior written approval of the DOC. 4. Prior to construction, DOC will review the Project water main design provided by the City. Construction of the Project is subject to and is conditioned Page 3 of 10 upon DOC approval of the water main design. 5. DOC agrees to permit such access to the Wildwood Correctional Complex as is necessary for construction of the Project, subject to its security concerns. 6. DOT&PF agrees to provide invoice review and approval during construction. In its discretion, DOT&PF may also perform an audit of the Project at any time during the life of the Project, and at any time within three years of its completion. Construction of the Project is subject to and is conditioned upon DOT&PF invoice review and approval, and in DOT&PF's discretion and at its direction an audit of the Project. DOT&PF is not obligated to bear any other responsibilities related to the Project. 7. The City agrees to make Project-related records concerning all reimbursable costs which it incurs for labor, services, materials, and equipment available to DOT&PF for its review and approval. Reimbursement to the City shall be conditioned upon its submission of certification of amounts expended and vouchers indicating payments of expenditures. 8. The City further agrees to maintain all files concerning Project construction for a period of three years following Project completion. It further agrees to permit an audit of the Project by DOT&PF at any time during the life of the Project, and at any time within three years of its completion. If DOT&PF directs it to do so, the City further agrees to provide an independent third-party audit of the Project at any time during the life of the Project, and at any time Page 4 of 10 within three years after its completion, and to provide the audit report to DOT&PF. 9. The City agrees that construction of the Project will be completed during the 2007 construction season. 10. The City will be compensated in an amount of $10,000 for the completion and approval by DOC of the construction documents, $10,000 at the time that a Notice to Proceed with Construction is issued and $20,000 at Project Substantial Completion. If any of the afore mentioned milestones are not reached for any reason, the City of Kenai will be compensated on a Time and Material bases for all Project related expenses incurred since the last milestone. However, in no case shall the total compensation for these tasks exceed $40,000. Ownership, Maintenance, and Operation of Comaleted Water Main Upon completion of the Project, the City will own, operate, and maintain the water main constructed during the Project in its entirety, with the exception of that portion of the water main located within the boundaries of the Wildwood Correctional Complex. DOC will own and maintain that portion of the water main located within the Wildwood Correctional Complex, including the meter pit, meter, and strainer. DOT&PF will have no ownership interest in the water main, and will bear no responsibility for operation or maintenance of the water main. Indemnification 10. The City agrees to release the State of Alaska from all liability and to Page 5 of 10 indemnify, defend, and hold the State of Alaska, its officers, agents, and employees harmless from and against any and all liability, action, claim, suit, loss, property damage, personal injury, penalty, or expense of whatever kind which may be incurred by reason of the City's performance or failure to perform any obligations associated with this Agreement, Permits 11. The City agrees to coordinate all regulatory agency reviews and shall obtain all necessary written approvals from regulatory agencies. Dispute Resolution 12. A, If a dispute arises under this Agreement between any of the parties, notice shall be provided by the aggrieved party to each of the other parties. If the parties cannot resolve the matter within 90 days after notice is given, the aggrieved party may request that the dispute be resolved by arbitration. B. An arbitrator or arbitrators shall be selected in a fashion agreed upon by the parties. To the extent that the parties are unable to agree upon the procedure for the selection of an arbitrator or arbitrators, the procedure set forth at AS 09.43.380, a provision in the Revised Uniform Arbitration Act, shall govern. C. Except as otherwise reflected in this Agreement, arbitration under this Agreement is subject to the Revised Uniform Arbitration Act, AS 09.43.310 - .180. Severability of Agreement's Provisions Page 6 of 1.0 13. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, the remainder of this Agreement shall remain in full effect. Agreement Pertains Only to Parties 14. No provision in this Agreement is intended to grant, nor may it be construed as granting, any benefit or right to any person or entity that is not a party to this Agreement. Assignment: Successors in Interest 15. While this agreement is in effect, no rights or obligations granted and assumed under this agreement may be assigned, delegated, or otherwise transferred except upon prior written notice to and approval by the other parties hereto. Any attempted assignment, delegation, or other such transfer of rights or obligations shall be voidable by any other party. This Agreement and all of the covenants, provisions, and conditions contained herein shall inure to the benefit of and bind the parties and their successors. Governing Law 16. This Agreement shall be interpreted and construed in accordance with, and governed and enforced in all respects by, the laws of the State of Alaska. Entire Agreement of the Parties; Amendment Reouirements 17. This Agreement is the entire agreement between all of the three parties hereto with regard to the subject matter hereof. All prior Page7of10 communications of the parties concerning the subject matter of this three-party Agreement are merged into this Agreement. This Agreement may be amended only by a written amendment signed by all of the parties or their successors. Effective Date of Aareement 18. This Agreement will become effective only when it has been signed by all of the parties hereto. It will become effective on the date on which the last of the three parties signs the Agreement. ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES DATED: By: STEVEN R. HORN, P.E. Director Construction and Operations Central Region STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) This is to certify that on this day of , 2007, before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared Steven R. Horn, P.E., Director of Construction and Operations for the Central Region of the Alaska Department of Transportation and Public Facilities, known to me to be the individual named in and who executed the foregoing document, and who on oath acknowledged to me that the foregoing document is the free and voluntary act of the State for the purposes set forth therein, and who on oath acknowledged to me that he was authorized to execute the foregoing document. Notary Public in and for Alaska My Commission expires: Page 8 of 10 ALASKA DEPARTMENT OF CORRECTIONS DATED: STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) By: SHARLENE GRIFFIN Director Division of Administrative Services This is to certify that on this day of , 2007, before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared Sharlene Griffin, Director of the Division of Administrative Services far the Alaska Department of Corrections, known to me to be the individual named in and who executed the foregoing document, and who on oath acknowledged to me that the foregoing document is the free and voluntary act of the State for the purposes set forth therein, and who on oath acknowledged to me that she was authorized to execute the foregoing document. Notary Public in and for Alaska My Commission expires: DATED: STATE OF ALASKA THIRD JUDICIAL DISTRICT CITY OF KENAI By: RICK KOCH City Manager ss. Page 9 of 10 This is to certify that on this day of , 2007, before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared Richard Koch, City Manager for the City of Kenai, an Alaska Municipal Corporation, known to me to be the individual named in and who executed the foregoing document, and who on oath acknowledged to me that the foregoing document is the free and voluntary act of the City of Kenai for the purposes set forth therein, and who on oath acknowledged to me that he was authorized to execute the foregoing document. Notary Public in and for Alaska My Commission expires: Page 10 of 10 ~ y ~ C G J J i ~ 3 m m ~ ~ Z ~I W w Nlt/W 23~1`dM MAN ~_ ry W 133b1S H13l3 I Po. ~ ~ d m. W INL Y V~ ~ F ~ ~ ~ ~ k ao+ 4 e p air °~4. .° 2~ N k @ ~4 A t