HomeMy WebLinkAboutResolution No. 2013-13thca�ot'/
KENAI. I!
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Suggested by: Administration
CITY OF KENAI
RESOLUTION NO. 2013 -13
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING A
GRANT AWARD FROM THE STATE OF ALASKA, DEPARTMENT OF ENVIRONMENTAL
CONSERVATION - DIVISION OF WATER IN THE AMOUNT OF $1,878,800 AND
REQUIRING A LOCAL MATCH OF $805,200 FOR A PROJECT ENTITLED "WATER
TRANSMISSION MAINS PHASE IV (MMG# 47553) ".
WHEREAS, the City has received a grant from the State of Alaska for the extension of
a water main down Beaver Loop Road from the intersection of Lawton Drive in the
direction of Bridge Access Road to approximately Angle Drive; and,
WHEREAS, this is a 70% Municipal Matching Grant in the amount of $1,878,800
requiring a local match of $805,200 for total project cost of $2,684,000; and,
WHEREAS, by acceptance of this grant, The City of Kenai agrees to accept
responsibility for the City to operate and maintain the proposed water utility
improvements and the attached terms and conditions of the grant offer..
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, the City accepts the grant award for Kenai - Water Transmission Mains
Phase IV (MMG# 47553).
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the
City agrees to accept responsibility for the City to operate and maintain the proposed
water utility improvements and the attached terms and conditions of the grant offer.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of March,
2013.
PAT PORTER, MAYOR
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S dr Mo igh, eity Clerk
New Text Underlined; [DELETED TEXT BRACKETED)
'VI'llaye with a Past, C# wdh a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 'Ill�l
\the d y o f 1992
MEMO*
TO: City Council
FROM: Rick Koch
DATE: March 13, 2013
SUBJECT: Resolution 2013 -13 , Acceptance of Alaska Department of
Environmental Conservation (ADEC) Municipal Matching Grant (MMG)
The purpose of this correspondence is to discuss and recommend Council approval of
Resolution 2013 -13.
The project funded by this MMG is to install approximately 6,000 lineal feet of water
transmission main along Beaver Loop Road from Togiak Street to Angler Drive, and other
related improvements.
The grant is for $1,878,800, requiring a local match of $805,200 (30 %), resulting in total
estimated project costs of $2,684,000.
The funding source for the local match is funding for the ADOT /PF project to reconstruct Beaver
Loop Road.. This project is scheduled for design in FY 2014 with construction dependent upon
the ADOT /PF project
Thank you for your attention in this matter. If you have any questions, please contact me at
your convenience.
THE STATE
ALASKA
(iOl'I -PNOR SkAN PAI(Nlkl I.
February 15, 2013
Mr. Rick Koch
City Manager
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
Dear Mr. Koch:
Department of Environmental
Conservation
DIVISION OF WATER
Post Office Box 111800
Juneau, Alaska 99811 -1800
- Main: 907.465.5300
Fax: 907.465.5177
Received
MAR 4 2013
Enclosed for signature is the Grant Offer in the amount of $1,878,800 for the Water Transmission
Mains Phase IV Project # 47553. Please return the signed original grant offer and resolution to the
following address:
Alaska Department of Environmental Conservation
Division of Water, Municipal Matching Grants & Loans Program
Attn: MAT (Municipal Administrative Team)
P.O. Box 111800
410 Willoughby Avenue, Suite 303
Juneau, AK 99811 -1800
Sincerely,
Michelle Bonnet Hale
Director
Enclosure: MMG #47553 Grant Offer
THE STATE
°'ALASKA
li0%'1:RN0k SFAN PARNI I
February 15, 2013
Mr. Rick Koch
City Manager
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
Grant Offer: Water Transmission Mains Phase IV (AVIMG #47553)
Dear Mr. Koch:
Department of Environmental
Conservation
DIVISION OF WATER
Post Office Box 111800
Juneau, Alaska 99811 -1800
Main: 907.465.5300
Fax: 907.465.5177
In accordance with AS 46.03.030, the Department of Environmental Conservation (Department) is
pleased to offer the City of Kenai (Grantee) a grant of funds not to exceed $1,878,800. This grant
will finance the design and construction of approximately 6,000 lineal feet of water transmission
main and associated appurtenances. The main will be installed along Beaver Loop Road beginning at
Togiak Street and ending between Ames Road and Angler Drive, or beyond as funds allow. This
project will bring treated City dtyuking water to properties using on -site wells with high arsenic
contamination.
The estimated cost for this project, as provided by the Grantee, is $2,684,000. Please note, pursuant
to AS 46.03.030(e), the grant amount is limited to the available appropriation of $1,878,800, and 70
percent of eligible project costs. To receive the full amount of grant funding available, eligible
project costs must total at least $2,684,000 (70 percent of this amount is equal to the funding
available in this grant.)
This grant will be administered by the Department using funds which were included in the State
fiscal year 2013 capital budget bill (SB160) allocation for this project.
This offer is expressly conditioned upon the Grantee accepting the offer and agreeing to comply
with the terms and limitations contained herein, in 2 AAC 45.010 (enclosed), in 18 AAC 73
(enclosed), and is based upon estimated eligible project costs as itemized below:
Total Estimated Eligible
Project Costs
1. Administrative
$20,000
City of Kenai
MMG # 47553
2.
Engineering Design
$180,000
3.
Engineering Construction
$240,000
4.
Construction
$2,000,000
5.
Equipment
$0
6.
Other
$0
7.
Project Contingencies
$244,000
8.
Total Estimated Eligible Project Costs
$2,684,000
9.
State Grant
$1,878,800
Adjustment of expenditures within the budgeted cost items is allowed. If actual project costs are less
than the total estimated eligible matching 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 when expenses have been incurred and documentation has been
provided to the Department along with the payment request form, unless a payment schedule is
established as a special condition of this grant. Payments will normally be made monthly, but no
more frequently than twice per month. All requests for payment must be submitted on the enclosed
Request for Payment form. The Request for Payment form can also be found at:
http://dec.alaska.gov/water/munigrant/fonns.htmi.
The Grantee should scan the Request for Payment Form and backup documentation and e-mail it
both to the project engineer for eligibility review, and to the Municipal Administrative Team (MAT)
at:
Beth.Verrelh @alaska.gov
DEC.Witer.MGL.MAT@alaska.gov
Mail the original signed Request for Payment Form to the address noted below; backup
documentation to the pay request does not need to be mailed.
If Grantee does not have scanning capability, grantee should mail the Request for Payment Form
and backup documentation to:
Alaska Department of Environmental Conservation
Division of Water, Municipal Matching Grants & Loans Program
Attn: MAT (Municipal Administrative Team)
P.O. Box 111800
410 Willoughby Avenue, Suite 303
Juneau, AK 99811 -1800
Page 2 of 6
City of Kenai
MMG # 47553
Pay request(s) totaling less than one thousand dollars will be held for payment until the one
thousand dollar threshold is met. Upon the threshold being met, the Department will proceed with
payment.
GENERAL GRANT CONDITIONS
Plan Approval: The 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 and 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.
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 the Department with a summary of itemized bid
tabulations, a copy of the Notice to Proceed, and a copy of the construction contract.
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: The 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 73.0200).
5. Operation and Maintenance: The Grantee agrees to operate and maintain the completed
project.
6. Titles and Easements: The Grantee agrees to obtain all tides and easements necessary to
provide clear title or authority to construct and maintain the proposed project.
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. Ineligible project costs must be included in the final
audit report.
Page 3 of 6
City of Kenai
MMG # 47553
8. Inspection: The Grantee agrees to allow, at any reasonable time, Department inspection of all
project work and audit of related records and data for which this grant is offered.
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: The Grantee agrees to submit progress reports on the proposed project
with each payment request or at a minimum, quarterly.
11. Project Start Date: The Department will in its discretion, withdraw an accepted grant if
construction has not been started within one year after the date of the offer was extended in
accordance with 18AAC 73.030 (f).
12. Project End Date: Funds made available to a grantee under a fully executed signed grant
agreement by the Department shall be expended within two (2) years from the effective offer
date. The Department may cancel the project and seek to have the funds re- appropriated for
other projects. An extension may be granted by the Department upon written request and
good cause shown by the grantee.
13. Remaining Funds after Project Completion: If the entire grant amount is not utilized for the
original scope of work, the Department may seek to have the remaining funds re- appropriated
for other projects on priority list
14. Americans with Disabilities Act: The Grantee must certify that projects and services provided
under this grant are made available to the general public in compliance with the Americans
with Disabilities Act of 1990.
15. Discrimination: The Grantee agrees to administer this grant in a non - discriminatory manner.
No person shall be discriminated against based on race, religion, color, national origin, gender
or disability.
16. Damages: The Grantee shall hold and save the Department, its officers, agents, and
employees harmless from liability of any kind, including costs and expenses, for or on account
of any and all suits or damages of any nature, sustained by any person or persons or property,
by virtue of performance of the grantee, or any person or entity acting in place of or for the
Grantee for this project.
17. Grant Cancellation: The Grantee acknowledges the right of the Department to rescind this
grant and seek recovery of payments already made if the Grantee has provided incorrect or
misleading information to the Department or if a grant condition contained herein or in 18
AAC 73 is violated. This grant offer may be terminated at any time it is in the best interest of
the State to do so.
SPECIAL GRANT CONDITIONS
None.
Page 4 of 6
City of Kenai
MMG # 47553
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 City of Kenai.
In the resolution the Grantee must agree to accept responsibility to operate and maintain the
proposed water utility improvements and agree to the terms and conditions of this grant offer.
Mail signed originals (grant offer and resolution) to the following address:
Alaska Department of Environmental Conservation
Division of Water, Municipal Matching Grants & Loans Program
Attn: MAT (Municipal Administrative Team)
P.O. Box 111800
410 Willoughby Avenue, Suite 303
Juneau, AK 99811 -1800
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 is 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.
The Department is pleased to offer this assistance to the people of Kenai.
Sincerely,
Michelle Bonnet Hale
Director
Enclosures: 2 AAC 45.010
18 AAC 73.010 Construction Grant Project Eligibility
Request for Payment
cc: The Honorable Peter Micciche, Alaska State Senate
The Honorable Kurt Olson, Alaska State House of Representatives
Beth Verrelh, ADEC Project Engineer
Page 5 of 6
Accepted on behalf of the
by:
Typed Name Title Date
Signature
Page 6 of 6
City of Kenai
MMG # 47553