FY2024-03 Memorandum Of Agreement For Sargent Creek Bridge Kodiak Island Borough Planning And Enviromental Linkages (PEL) Study with the State of AlaskaCONTRACTS TRANSMITTAL FORM
RETENTION SCHEDULE: CL -09 CONTRACTS
Records related to obligations under contracts, leases, and other agreements between the Borough and outside parties,
successful bids, and proposals. Active records are kept by the corresponding department. Apply retention (plus 4 years)
once contract or agreement expires, or once product is procured. Apply retention (plus 25 years) for agreements that
involve real property.
DATE: 02/03/25 TRANSMITTED BY: Meagan Christiansen DEPT: Manager
CONTRACT NO.: FY 2024-03 VENDOR OR PROVIDER: State Of Alaska
CONTRACT TITLE: MOA Sargent Creek Bridge Kodiak Island Borough PEL Study
Administrative contracts are contracts approved by the manager that are within the spending
authority allowed by code. Assembly approved contracts are beyond the manager's spending
authority and require approval by the Assembly during a meeting.
APPROVED BY: Assembly
DATE OF APPROVAL: 07/21/23
TYPE OF CONTRACT: Memorandum Of Agreement
PROVIDE DETAILS FOR ANY AUTOMATIC RENEWALS OR EXTENSIONS BELOW:
n/a
EXPIRATION DATE:
PURGE DATE:
If there is no expiration/purge date, enter 9999 as the year for open-ended contracts AND explain the
process below on how or when it should be flagged for review.
The MOA will expire upon project completion
Are all relevant attachments, exhibits, referenced documents attached to the contract?0✓
Are the successful bids and proposals incorporated in the contract? 0
n/a
ft
FILL OUT BELOW IF THE RECORD AMENDS, EXTENDS, IS A CHANGE ORDER TO A
CONTRACT, OR IS AN ADDENDUM TO A CONTRACT
DATE: REQUESTED BY:
CONTRACT NO.: FY
CATEGORY: Select One
APPROVED BY: Select One TYPE OF CONTRACT: Select One
PROVIDE DETAILS FOR ANY AUTOMATIC RENEWALS OR EXTENSIONS BELOW:
EXPIRATION DATE: PURGE DATE:
If there is no expiration/purge date, enter 9999 as the year for open-ended contracts AND explain the
process below on how or when it should be flagged for review.
Rev. 11/08/2024
Contract FY2024-03
MEMORANDUM OF AGREEMENT
BETWEEN
THE STATE OF ALASKA
DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES
AND
THE KODIAK ISLAND BOROUGH
Proiect: Sargent Creek and Russian Creek Bridges Planning and Environmental Linkages (PEL)
Study
Federal Project NO.: Pending State Proiect No.: SFIIWY00522
I. INTRODUCTION
The Alaska Department of Transportation and Public Facilities (DOT&PF) and the Kodiak
Island Borough (hereinafter the "Borough") mutually agree to the terms and conditions of this
Memorandum of Agreement (MOA) for the Sargent Creek and Russian Creek Bridges Planning
and Environmental Linkages (PEL) Study (the "Project"). Alaska Statute 44.42.020 authorizes
DOT&PF to cooperate, coordinate, and enter into agreements with the federal government and
municipalities to plan, design, and construct transportation facilities. The Borough is a
municipality established under Alaska Law. US Department of Transportation (USDOT)
Discretionary Grant funding through the Bridge Improvement Program will participate in the
Project.
II. PROJECT SCOPE
This project will develop a Hydrologic Study, Sediment Management Plan, and a comprehensive
Planning and Environmental Linkages (PEL) Study for the Sargent Creek and Russian Creek
Bridges Project, hereinafter called the "Project." The Project will examine the flooding and
transportation infrastructure solutions within the floodplain of the Sargent Creek and Russian
Rivers to develop project recommendations for infrastructure improvements to Sargent Creek
Road, Bridges #0989 and #0990, and use that information for associated solutions to benefit state
and borough transportation infrastructure within the study area, which includes the Bells Flats
Subdivision. The Study will identify and involve key stakeholders to develop and prioritize
solutions to avoid future road closures, erosion, flooding, and life and safety issues. Planning
efforts for future modal accommodations will be guided by PEL study findings. The Project will
bring together all the community and agency stakeholders for project recommendations that
cross land ownership boundaries.
PEL Study Opportunities include:
Page 1 of 7
a. Help identify the best location for the bridges, and other bridge related
recommendations.
b. Provide recommendations for Borough -owned transportation infrastructure.
c. Develop a hydrologic study
d. Develop a sediment management plan
e. Identify all problems/issues
f. Identify objectives to satisfy (i.e. erosion protection)
g. Identify opportunities for partnership or mutual gain (i.e. marketable gravel,
partnerships for project recommendations that cross land ownership boundaries, etc.)
III. PARTIES OBLIGATIONS
The Parties agree to accept the following responsibilities.
1. De artnlcnt Obl I ations:
The Department shall provide professional planning, environmental, engineering and
project management services for the project. The Department may procure a qualified
private consulting firm (Consultant) to complete part or the whole of the PEL Project.
The Department will retain contract administration and monitoring in accordance with
23 CFR 172. This includes managing Consultant(s) performance when conducting site
investigations, field surveys, preparing right of way base map(s), preparing
environmental documents, conducting meetings with the public and public agencies,
utilities coordination, and other activities required for preparation and acceptance of
the PEL Study.
The Department is responsible to fulfill the obligations and responsibilities outlined in
this MOA even when the Consultant performs the services.
a. To ensure compliance with the Department's procurement process and
requirements:
i. The Department will submit the final draft procurement documents to
the Borough for review prior to advertising the Request for Proposals.
ii. A minimum of one Borough representative will be a scoring member
of the evaluation committee.
iii. The Department will coordinate with the Borough while drafting the
Scope of Work for the Consultant. Scope will not be changed without
coordinating with the Borough.
b. The Department will, at its discretion, request Federal Highway
Administration (FHWA) concurrence for the Scope of Work of the
Professional Services Agreement and any amendments.
Page 2 of 7
i. Coordination with Statewide Environmental Office (SEO) and FHWA,
including submittal of any documents and the Final PEL Study, will be
done through the Department.
c. The Department shall work with involved parties to develop a Project
Management Plan, Purpose and Need for the PEL study, decisional matrices
for evaluation of recommendations, hydrologic study, and other components.
e. The Department will prepare or oversee any Studies (hydrologic, traffic, etc.)
required for the PEL Study in coordination with the Borough. The Borough
may comment on the project's analyses. The Department or the Borough may
reject a proposed alternative if the Department or Borough determines that the
alternative's impact to roadways would be unacceptable.
f. The analysis of alternatives and the public process shall identify major issues
that may arise during subsequent Environmental Review and shall detail any
study required to design a project resulting from the PEL Study.
D. All work shall be completed in accordance with the current editions of the
following manuals, specifications, directives, and standards adopted by the
Department:
• DOT &PF Alaska Highway Preconstruction Manual, and any guidelines
referenced therein
• DOT &PF Alaska Standard Specifications for Highway Construction
• DOT &PF Alaska Environmental Procedures Manual
• DOT&PF Alaska Right -of -Way Manual
• DOT &PF Alaska Highway Drainage Manual
• DOT &PF Alaska Geotechnical Procedures Manual
• DOT &PF Alaska Flexible Pavement Design Manual
• DOT &PF Alaska Traffic Manual
• DOT &PF Alaska Sign Design Specifications
• DOT &PF Alaska Standard Drawings Manual
• DOT &PF Alaska Utilities Manual
• DOT&PF Chief Engineer's Directives
• DOT &PF Southcoast Region's Design Directives
• DOT &PF Southcoast Region CADD Data Standards
The Department will provide status reports to the Borough electronically. The Borough will
route any questions concerning the status reports through the Department. The Department and
the Borough will be available to discuss the reports upon request.
The Borough will be asked to provide feedback on the Plan and will be provided a copy of the
final document.
The Department will meet review deadlines or notify the Borough of their inability to meet a
deadline at least five days before the deadline. If a deadline is less than five days away, the
Department will notify the Borough of their inability to make the deadline as soon as possible.
Page 3 of 7
For the purposes of this section, a "day" is a single day in a five-day work week, Monday
through Friday, 8:00 am to 4:30 pm Alaska Time, not including State or Borough holidays.
2. BOROUGH Oblir_ations:
The Borough shall collaborate with the Department, monitor the progress of the work, and
review all major deliverables submitted to the Department.
The Borough will meet review deadlines or notify the Department of their inability to meet a
deadline at least five days before the deadline. If a deadline is less than five days away, the
Borough will notify the Department of their inability to make the deadline as soon as possible.
For the purposes of this section, a "day" is a single day in a five-day work week, Monday
through Friday, 8:00 am to 4:30 pm Alaska Time, not including State or Borough holidays.
Unless otherwise specifically authorized, the Department will submit all documents and permit
applications requiring State or Federal agency reviews and approval. During the development of
the PEL study, any materials requiring Borough submission, reviews or approvals will be routed
through the Department.
IV. BUDGET AND SCHEDULE
The parties understand that the budget for this project is a fixed amount as provided for through
the Bridge Investment Program USDOT Grant.
BIP Grant Funds 1,288,000
State Match 322,000
Total 1,610,000
In the event that Study costs exceed the budget, the Parties will confer to identify scope
reductions and/or seek additional funding.
The schedule of deliverables will be set forth in the Statement of Work. The Department and
Borough may agree to adjust the schedule. Project timeline and end dates shall be identified prior
to project start and be mutually agreed to.
V. TERMINATION
Subject to 30 calendar days` notice, either party may terminate this agreement at any time. Upon
termination of this agreement or completion of the project, all project related materials shall be
delivered to the Borough if requested.
A. Termination or Cancellation Remedies:
1. If the Borough requests termination of the MOA or cancellation of any professional
services or consultant contract entered into by the DOT &PF, the Borough shall be
Page 4 of 7
responsible for those costs not accepted for reimbursement by the Federal Highways
Administration (FHWA), amounts the State expects to be reimbursed for, and any
other costs or expenses incurred by the Borough or the DOT &PF in the Project to the
date of cancellation or related to finalizing cancellation and Project termination.
2. If the DOT &PF is the primary cause of the termination of the MOA or cancellation of
any professional services or consultant contract, the DOT &PF shall bear those costs
not accepted for reimbursement by the FHWA, amounts the State expects to be
reimbursed for, and any other costs or expenses incurred by the Borough or the DOT
&PF in the Project to the date of cancellation or related to finalizing cancellation and
Project termination.
3. If it is determined that the cancellation was caused by third parties or circumstances
beyond the control of the DOT&PF or the Borough, the parties shall meet in good
faith to negotiate a fair and equitable allocation of responsibility for those costs not
accepted for reimbursement by the FHWA, amounts the State expects to be
reimbursed for, and any other costs or expenses incurred by the Borough or the DOT
&PF for the Project to the date of cancellation or related to finalizing cancellation and
Project termination.
4. The foregoing remedies are in addition to any other remedies referenced in this MOA,
and do not bar or limit the parties from resorting to any other remedy available at law
or equity.
VI. MISCELLANEOUS PROVISIONS:
1. Amendment or modification of Agreement: This MOA may only be modified or
amended by written agreement signed by authorized representatives for both Parties.
2. The Whole Agreement: This MOA constitutes the entire agreement between the
Parties. There are no other understandings or agreements between the Parties, either
oral or memorialized in writing regarding the matters addressed in this MOA. This
MOA may not be amended by the Parties unless an amendment is agreed to in writing,
with both Parties signing through their authorized representatives.
3. Assignment: Without the prior written consent of the DOT&PF, this MOA is not
assignable by the Borough either in whole or in part.
4. Third Parties and Responsibilities for Claims: Nothing in this MOA shall be construed
as conferring any legal rights, privileges, or immunities, or imposing any legal duties
or obligations, on any person or persons other than the Parties named in this MOA,
whether such rights, privileges, immunities, duties, or obligations be regarded as
contractual, equitable, or beneficial in nature as to such other person or persons.
Nothing in this MOA shall be construed as creating any legal relations between. the
DOT &PF and any person performing services or supplying any equipment, materials,
goods, or supplies for the PEL Study.
5. Duty of Cooperation: The parties agree to cooperate in good faith with inquiries and
requests for information relating to the PEL Study or their obligations under this
MOA.
5. Necessary Approvals: In the event that any election, referendum, ordinance, approval,
permit, notice, or other proceeding or authorization is requisite under applicable law to
enable the Borough to enter into this MOA or to undertake the PEL Study, or to
Page 5 of 7
observe, assume or carry out any of the provisions of the MOA, the Borough will
initiate and consummate, as provided by law, all actions necessary with respect to any
such matters so requisite.
7. Joint Drafting: This MOA has been jointly drafted by the Parties, and each party has
had the ability and opportunity to consult with its legal counsel prior to signature. The
MOA shall not be construed for or against either party.
8. Third Party Beneficiary Status: The Borough is not an intended beneficiary of any
contracts between the DOT &PF and any contractors, subcontractors or consultants or
any other third parties, and has no contractual rights with respect to such contracts or
any provisions thereof, unless expressly stated otherwise herein.
9. Counterparts: This Agreement may be executed in any number of counterparts, each of
which shall be deemed an original. The counterparts shall together constitute but one
agreement. Any signature on a copy of this Agreement or any document necessary or
convenient thereto sent electronically or by facsimile shall be binding upon
transmission and the electronic or facsimile copy may be utilized for the purposes of
this Agreement.
VII. NOTICE:
Any request, demand, authorization, direction, notice, consent or waiver provided or permitted to
be made upon, given by, or furnished to, DOT &PF and Borough shall be sufficient for every
purpose hereunder if in writing and delivered by e-mail and addressed as noted below:
For DOT&PF
Bran Pollard
bran.pollard@alaska.gov
OR other representatives as designated in writing.
For the KODIAK ISLAND BOROUGH
Aimee Williams awilliams@kodiakak.us
OR other representative as designated in writing.
The foregoing contacts and addresses may be changed by either party by giving to the other party
the same type of notice described above providing a substitute contact person and address. Any
such notice or other document shall be deemed to be received as of five days after the date sent
by e-mail.
Page 6of7
IN WITNESS WHEREOF, the undersigned, having full authority to enter this Agreement,
acknowledge, and sign INTENDING TO BE LEGALLY BOUND.
STATE OF ALASKA,
DEPARTMENT OF TRANSPORTATION AND
PUBLIC FACILITIES
Signe ,—� Dated:CL7Z 3
Chrls*topher Goins
Director, Southcoast Region
SUBSCRIBED AND SWORN TO OR AFFIRMED before me by Christopher Goins, Director
of Southcoast Region, Alaska Department of Trans ortatian & Public Facilities, an agency
established under Alaska law, on this day
of�. 2023. A
STATE OF ALASKA
OFFICIAL SEAL 4i�s'"*
Michael K. Schuler �
NOTARY PUBLIC
My Commission Expires With Offic3'
My commission expires010t p
KODIAK ISLAND BOROUGH
Signed: _L�yy(,(,(_,
K94Q Dated: 21 J "L 2—S
Aimee Williams, Borough Manager
Kodiak Island Borough
SUBSCRIBED AND SWORN TO OR AFFIRMED before me by Aimee Williams, who is
Borough Manager of the Kodiak Island Borough, which is established under Alaska law, on this
_eday of � 2023.
\,\\'*'OUNA "%///,
Not u c, State of Alaska
° ' = My commission expires w;"A 4 6-e:e
:NOTARY'
PUBLIC
Page 7 of 7