FY2008-34 North Star Student Safety Access Project - State Project No. 58159KODIAK ISLAND BOROUGH
AGENDA STATEMENT
April 24, 2008 Special Meeting
ITEM NO. 3.1)
TITLE:
Contract No. FY2008-34 Approving a Memorandum of Agreement With the State of
Alaska Department of Transportation and Public Facilities for Construction of a Portion
of the North Star Elementary School Pedestrian Path.
SUMMARY:
The Kodiak Island borough and the State of Alaska will be entering into a memorandum of
agreement (MOA) to allow the state to design and construct a portion of the pedestrian trail to
North Star Elementary school. Approval of this contract will give the manager the authority to
sign and start this important improvement. The state will add this project to an existing contract
they have with one of the construction firms they are working with.
The section of the trail that will be constructed has been identified by the North Star PTA and
the School District as the most dangerous stretch along the proposed trail.
The project will be paid for by the federal earmark received for this project and the local match.
Unfortunately, this may be all that is done with the Federal Earmark. The program that the
earmark is tied to no longer exists, so any remaining money will go back to D.C.
FISCAL NOTES:
Account No.: 410-527-452-150-6
Amount Budgeted: $110,331
Expenditure Required:
APPROVAL FOR AGENDA:
RECOMMENDED MOTION: Move to authorize the manager to execute Contract No. FY2008-
34 with the State of Alaska, Department of Transportation and Public Facilities in the amount
not to exceed $110,331.
C
•�' OF PM, STATE OF ALASKA
DEPARTMENT of TRANSPORTATION & PUBLIC FACILITIES
CENTRAL REGION
MEMORANDUM OF AGREEMENT
Federal Project No: TBD
State Project No: 58159
Project: Kodiak Island Roads (North Star Student Safety Access Project)
This AGREEMENT, is made and entered into this..PZ day of ,� / , 2008 between
the State of Alaska, acting by and through the Department of Transportation and Public
Facilities, hereinafter called the DEPARTMENT, and the Kodiak Island Borough, hereinafter
called the BOROUGH.
The DEPARTMENT and the BOROUGH, in the interest of the public, propose to
construct a short segment of new pathway behind the guardrail on the curve where Lilly
Drive crosses Island Lake Creek, hereafter referred to as the PROJECT.
The DEPARTMENT and the BOROUGH do hereby agree to the following:
SCOPE OF WORK
This PROJECT will construct a short segment of new pathway behind the guardrail on
the curve where Lilly Drive crosses Island Lake Creek.
The preliminary engineering / design of the subject project will be accomplished by the
DEPARTMENT in conformance with FEDERAL HIGHWAY ADMINISTRATION
requirements as well as accepted standards of the State of Alaska and the
DEPARTMENT.
The PROJECT is located within BOROUGH -owned right-of-way, and will be maintained
by the BOROUGH per Section 5. PROJECT MAINTENANCE below.
2. RIGHT OF WAY and UTILITIES
The BOROUGH believes that adequate public right-of-way exists to contain the
PROJECT and its construction. The DEPARTMENT will map the existing right-of-way
and certify that the PROJECT is contained within the existing right-of-way.
Kodiak Island Road (North Star Student Safety Access Project)
Memorandum of Agreement
Page 1
Utility facilities are known to exist within the proposed PROJECT right-of-way corridor.
The DEPARTMENT will coordinate with the appropriate utility companies and prepare
utility agreements covering the disposition of utility facilities. The design and
construction of utility relocations, if required by the project, will be accomplished by the
appropriate utility company on a reimbursable basis. Any utility companies performing
relocation activities as a result of this project will be reimbursed by the DEPARTMENT
for all actual costs up to an agreed upon budget.
3. DESIGN & CONSTRUCTION FUNDING
A. Federal Funding:
Funding for the PROJECT design and construction is from a FFY 2005 National
Corridor Planning and Border Development Program earmark in the amount of
$1,300,000. This program is no longer active and the funds will be pulled back unless
obligated by September 30, 2008.
After accounting for federal overhead costs, the federal participation in the PROJECT
will be a maximum of $1,111,500 of the total budget. At a federal participation rate of
90.97%, the total maximum budget is $1,221,831 ($1,221,831 x 0.9097 = $1,111,500).
The remaining funds, $110,331 ($1,221,831 - $1,111,500 = $110,331) must be
provided through local match.
B. Local Match
The BOROUGH agrees to provide $110,331, as discussed in 3a. above, to the
DEPARTMENT to fulfill its local match obligation upon execution of this agreement.
The total available federal aid funds to this project are fixed and are anticipated to be
fully expended to complete the PROJECT, therefore this amount does not include a
contingency for balancing potential cost over runs in the final project cost.
C. Additional BOROUGH Contribution
Upon PROJECT completion and final PROJECT
cost will be compared to the total construction
through this Agreement. The BOROUGH agree:
to the DEPARTMENT, in the event that there ars
made by amendment to this agreement.
closeout, actual Construction Phase
funding available to the PROJECT
to provide additional project funding
any cost overruns. Payment will be
D. Summary
All funds designated in part 3b. shall be appropriated to the DEPARTMENT prior to
funding obligation. Total payments are summarized as follows:
Federal Funding
Local Match
Additional Contribution
Total:
$1,111,500
$ 110,331
$ (TBD if required)
$1,221,831
Kodiak Island Road (North Star Student Safety Access Project)
Memorandum of Agreement
Page 2
4. PROJECT MANAGEMENT
The construction contract will be between the DEPARTMENT and the construction
contractor. The DEPARTMENT's Construction Project Manager is in responsible
charge, and will monitor the contractor's work and progress through their on-site Project
Engineer for the duration of the PROJECT through final records approval.
The BOROUGH's Project Manager shall also designate a BOROUGH PROJECT
person to act as their On-site Coordinator (OSC) and to represent the BOROUGH. S/he
shall be the single -point -of -contact between the Project Engineer and the BOROUGH.
This person shall be responsible for keeping all branches of the BOROUGH informed of
any increased bid quantities or potential contract changes that could adversely affect
the contract price or the functionality of the facility after final acceptance by the
BOROUGH. After the OSC has briefed the BOROUGH, their Project Manager will
prepare a Letter of Non -objection to be appended to the contract change document.
5. PROJECT MAINTENANCE
WHEREAS, A.S.19.20.060 authorizes the DEPARTMENT and the BOROUGH to enter
into agreements for construction, maintenance, and ownership of public ways within
their respective jurisdictions, and
WHEREAS, the DEPARTMENT has the authority to plan, design, and construct the
PROJECT, located within the boundaries of the BOROUGH, including but not limited to
planning, design and construction of pathway improvements; and
WHEREAS, the BOROUGH has reviewed and concurs in the location of the PROJECT,
and
WHEREAS, Federal transportation funds will be used in the design and construction of
the PROJECT, and
WHEREAS, the Federal Highway Administration holds the DEPARTMENT responsible
to maintain, or cause to be maintained, any project constructed with Federal aid
transportation funding.
IT IS THEREFORE AGREED by the parties, in consideration of the mutual promises
contained in this Agreement, as set forth below, regarding the planning, design,
construction, maintenance, and operation of the PROJECT.
Kodiak Island Road (North Star Student Safety Access Project)
Memorandum of Agreement
Page 3
The BOROUGH, agrees to assume full and complete ownership of, and responsibility
for, the operation, maintenance, and administration of the PROJECT, upon completion
of construction.
A. Property Management
The BOROUGH agrees that its management of the right of way is subject to the
provisions of 23 CFR §1.23 for the PROJECT's life, which is 20 years, commencing
upon the substantial completion of the construction of the PROJECT.
The BOROUGH may not allow any encroachment within the right of way of the
PROJECT without the prior consent of the DEPARTMENT and the Federal Highway
Administration. The BOROUGH may not sell any portion of the right of way without the
prior consent from the DEPARTMENT and the Federal Highway Administration. In the
event that the DEPARTMENT and the Federal Highway Administration give their
consent to the disposal of any portion of the right of way for the PROJECT, the
BOROUGH shall pay proceeds of the sale to the DEPARTMENT, which the
DEPARTMENT will credit to the appropriate federal aid accounts.
B. Maintenance and Operations
a) The BOROUGH agrees to maintain and operate the PROJECT for the
PROJECT's design life, which is 20 years, commencing upon the
substantial completion of the construction of the PROJECT.
b) The BOROUGH agrees to maintain and operate the PROJECT consistent
with 23 CFR §1.27 and the DEPARTMENT's Alaska Highway
Maintenance and Operations Manual (AHMOM).
c) The BOROUGH shall perform its activities under this Agreement at its
sole cost and expense and without reimbursement from the
DEPARTMENT. These maintenance activities include, but are not limited
to:
1) Planning, scheduling, administration, and logistics of maintenance
activities;
2) Traffic control and safety;
3) Preservation of drainage in an as -built condition, including
maintenance of all culverts, ditches, storm sewers, gutters, dry
wells, and under -drains;
4) Embankment protection, including erosion control, to as -built
conditions;
5) Roadside management;
6) Snow and ice removal;
7) Snow and ice control, including all plowing, sanding, snow hauling,
ice scraping, drift control, snow slide removal, and associated tasks
as may be required for the safe and timely passage of the public;
Kodiak Island Road (North Star Student Safety Access Project)
Memorandum of Agreement
Page 4
8) Maintaining signs and delineators in an as -built condition and their
replacement, including posts and foundations, when damaged,
unreadable, or worn out;
9) Removal of debris, rubbish, and dead animals;
10) Annual crack sealing;
11) Repairs of minor rutting, waves, sags, humps, corrugations,
raveling, alligator cracks, pitting, and bleeding on a regular basis;
and
12) Minor bridge repairs, which includes painting of localized rust
areas, re -decking, and repair of guardrail and railing sections.
C. Dispute Resolution
a) Except for disputes for third party claims related to the property
management, in the event of a dispute under this agreement that the
parties cannot resolve within 45 days, the DEPARTMENT and the
BOROUGH each agree that they shall each appoint an arbitrator, who
between, them shall agree to the appointment of a third arbitrator.
b) The arbitrators may conduct such proceedings, as they believe are
necessary to resolve the matter before them. They may, in the exercise
of their discretion, proceed on the record.
c) Each party shall bear the expenses of any arbitrator they appoint. The
party against whom a decision is rendered shall pay the costs of the third
arbitrator, as well as all expenses incurred in the conduct of any hearing
on the dispute.
d) The arbitrators' decision of a matter before them is final and may only be
changed or modified under the provisions of AS 9.43.120 and AS
9.43.130.
e) Except when the provisions of this paragraph provide otherwise, any
arbitration under this paragraph is subject to AS 09.43.010 through
09.43.180, the Uniform Arbitration Act.
f) A decision by the Federal Government denying, or limiting, federal
participation in project costs may not be arbitrated under this Agreement.
The BOROUGH may only pursue such claims under federal law and
procedure.
6. INDEMNIFICATION
The BOROUGH shall hold the DEPARTMENT, its officers, employees, and agents
(collectively "the DEPARTMENT") harmless from and defend and indemnify the
DEPARMENT for liability, claims, or causes of action arising out of this AGREEMENT
---------------------------------------------------------------------------------------------------------------------------
Kodiak Island Road (North Star Student Safety Access Project)
Memorandum of Agreement
Page 5
or relating to the property and facilities being deeded and the obligations being
assigned.
Notwithstanding the foregoing, the BOROUGH shall have no obligation to hold
harmless and indemnify the DEPARTMENT to the extent the DEPARTMENT is
determined to be liable for its own acts or omissions, except that:
To the maximum extent allowed by law, the BOROUGH shall hold the DEPARTMENT
harmless from and indemnify the DEPARTMENT for liability, claims, or causes of action
arising from an alleged defect in the design or construction of facilities existing on the
premises at the date of this grant, regardless of negligence or other fault, if such
liability, claim, or cause of action arises out of an incident that occurs more than two
years after the BOROUGH assumes maintenance responsibilities for the facilities.
The BOROUGH's duty to defend shall apply regardless of whether it is also alleged that
the DEPARTMENT's acts or omissions contributed to the injury (including injury to
personal property, real property or persons, including fatal injury).
Neither liability, claims or causes of action arising from injuries which occurred prior to
the date of this transfer nor liabilities imposed by, or claims or causes of action arising
from or asserted under AS46.03.822 shall be governed by this paragraph.
7. TERMINATION
If due to changed circumstances, the DEPARTMENT or the BOROUGH wishes to
terminate this Agreement prior to its completion, the initiating party shall notify the other
party in writing of its reasons for requesting early termination. This request must be
made at least fifteen (15) days prior to the proposed termination date. If both parties
agree that it is in their mutual best interest to terminate this Agreement early, all
finished or unfinished documents and other materials shall, at the option of the
DEPARTMENT, become the DEPARTMENT's property. If the Agreement is terminated
as provided herein, the BOROUGH shall be reimbursed for these actual expenses not
otherwise reimbursed under this Agreement which were incurred by the BOROUGH
during the Agreement period and which are directly attributable to the BOROUGH's
performance of this Agreement. If the Agreement is terminated as provided herein, the
DEPARTMENT shall also reimburse the BOROUGH in honoring convenience
termination clauses in the Agreement with its contractors as long as these clauses
conform to the standard convenience termination clauses used by the DEPARTMENT
for similar type contracts.
---------------------------------------------------------------------------------------------------------------------------
Kodiak Island Road (North Star Student Safety Access Project)
Memorandum of Agreement
Page 6
AGREED and SIGNED BY:
KODIAK ISLAND BOROUGH
Approved:
Borough Ma Date
Or Authorize esignee
nut rh�c�,w.,
Fund Certification:
?f��.�L � z Ybo
Karleton Short Date
Borough Finance Director
,NN D &0
p
.4
sKA
DEPARTMENT OF TRANSPORTATION
& PUBLIC FACILITIES
Recommend:
6 01/7 &� 4 IUMV � � 0'/
Cy thia Ferguson, q.E. —Date
Project Manager
Central Region
Approved:
k
455'er"Wo- - -A g A r -- -'- -
Steve6 R. Horn, P.L.Date
Director, Construction and Operations
Central Region
Kodiak Island Road (North Star Student Safety Access Project)
Memorandum of Agreement
Page 7