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HomeMy WebLinkAbout08092010 City Council Packet Seward City Council Agenda Packet Tr 411. 2010 Obihiro Exchange Students August 9, 2010 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 The City of Seward, Alaska CITY COUNCIL MEETING AGENDA # s I' I I f {Please silence all cellular phones and pagers during the meeting} q t> August 9, 2010 7:00 p.m. Council Chambers 1. CALL TO ORDER Willard E. Dunham 2. PLEDGE OF ALLEGIANCE Mayor 3. ROLL CALL Term Expires 2011 4. CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING. Jean Bardarson [Those who have signed in will be given the first opportunity to Vice Mayor speak Time is limited to 2 minutes per speaker and 30 minutes total Term Expires 2010 time for this agenda item.] 5. APPROVAL OF AGENDA AND CONSENT AGENDA Robert Valdatta [Approval of Consent Agenda passes all routine items indicated by Council Member asterisk ( *). Consent Agenda items are not considered separately Term Expires 2011 unless a council member so requests. In the event of such a request, the item is returned to the Regular Agenda] Tom Smith Council Member 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Term Expires 2011 A. Proclamations and Awards 1. Honoring the U.S. Coast Guard's 220 years of Service Pg. 3 Vanta Shafer 2. Welcome to the Grand Court, Order of the Amaranth, State of Council Member Alaska Pg. 4 Term Expires 2011 B. Borough Assembly Report C. City Manager's Report Marianna Keil D. City Attorney Report Council Member E. Mayor Report Term Expires 2010 F. Other Reports and Presentations 1. Business Gap Analysis by KPB EDD Director John Torgerson and Linda Amberg VISTA Employee Tom Sloan Council Member Term Expires 2010 7. PUBLIC HEARINGS - None 8. UNFINISHED BUSINESS — None Phillip Oates 9. NEW BUSINESS City Manager A. Resolutions Jean Lewis City Clerk 1. Resolution 2010 -073, Authorizing The City Manager To Enter Into Amendment Number One With ECl/Hyer Inc. For Professional Design Cheryl Brooking Development Services (65% Design) For The New Co- Located Library City Attorney Museum Facility, And Appropriating Additional Funding Not -To- Exceed Three Hundred Thirty Six Thousand Six Hundred Thirty Seven Dollars ($336,637) .Pg. 5 City of Seward, Alaska Council Agenda August 9, 2010 Page 1 I 2. Resolution 2010 -074, Authorizing The Fire Department To Conduct Live Fire Evolutions During The 2010 Fire Conference On A Structure Located At Sixth And Adams On The New Library/Museum Site ... 23 3. Resolution 2010 -075, Approving Amendment No. 22 to the contract with Kent Dawson Company, Inc. for state lobbying services to include services for SAAMS' Lease And Operation Of The Alaska Sealife Center And Appropriating An Additional $18,000 To The Contract Pg. 26 4. Resolution 2010 -076, Authorizing The City Manager To Enter Into A Sole Source Contract With Chugach Electric Association To Repair The Transmission Line And To Spend Up To $1,500,000 For The Total Project Pg. 35 B. Other New Business Items *1. Approval Of The July 12 and 26, 2010 City Council Regular Meeting Minutes and the July 27 and August 2, 2010 special City Council meeting minutes Pg. 4 2. Discuss condemnation procedures. 3. Vote and Appoint two persons to the Port and Commerce Advisory Board for a term to expire July 2013. Candidates are: Deborah Altermatt, Russ Maddox and Daniel Oliver Pg. 62 10. INFORMATIONAL ITEMS AND REPORTS (No action required) A. Two letters to Qutekcak Native Tribe, re: WADA planning and attendance......Pg. 65 B. Three letters written to Senator Begich, Senator Murkowski, and Representative Young about the Lowell Canyon Diversion System .... 67 11. COUNCIL COMMENTS 12. CITIZENS' COMMENTS [5 minutes per individual - Each individual has one opportunity to speak] 13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS 14. ADJOURNMENT City of Seward, Alaska Council Agenda August 9, 2010 Page 2 PROCLAMATION To Celebrate U.S. Coast Guard History WHEREAS, we trace U.S. Coast Guard history back to August 4,1790, when the first Congress authorized the construction of ten vessels to enforce tariff and trade laws and to prevent smuggling; and WHEREAS, the U.S. Coast Guard continues to protect the nation throughout our long history and have served proudly in every one of our nation's conflicts, continuing to secure our freedom, protect our coast, and save lives at times of peace; and WHEREAS, the City of Seward has always benefitted from their community outreach, dedicated service, and continued protection; and WHEREAS, on August 4, 2010 the U.S. Coast Guard celebrated their 220 birthday; and WHEREAS, the City of Seward would like to take this moment to show our appreciation by wishing the Coast Guard a Happy 220 Birthday year. Dated this 9 Day of August, 2010. Willard E. Dunham, Mayor CITY OF SEWARD, ALASKA 'At The Revenue Cutter Rush fires a salute on Independence Day, 1901 at Sitka i 4 f 4 :!)*r WEI scolt,,E, ta/rt.'1°‘°1'1 rt."."19 S S e:r*t111. The Grand Court, Order of the Amaranth, State of Alaska, are having their annual session in Seward on August 12, 13, and 14 2010 at the Edgewater Hotel. The principal objective for which this organization was formed are fraternal, social and charitable. Charity is the guiding principal of the Order, with their main charity being the Amaranth Diabetes Foundation. In June, the Supreme Council of the Order of the Amaranth donated $463,798.09 to the American Diabetes Association, with 100% of the money being given as grants to diabetes researchers. In Alaska, members raise rnoney by making and selling chocolate products and by recycling nonferrous metals. Please accept this as an official welcome from the City of Seward. We are honored our c was chosen to be your hosts during your annual session this year, we hope you have a relaxing and prosperous session, and wanted you to know we are gratefully appreciative of the social networking and charity donations that your organization around the country does. Dated this 9 Day of August, 2010. Mayor Willard E. Dunham City of Seward, Alaska of Sek, ,,y Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2010 -073 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AMENDMENT NUMBER ONE WITH ECl/HYER INC. FOR PROFESSIONAL DESIGN DEVELOPMENT SERVICES (65% DESIGN) FOR THE NEW CO- LOCATED LIBRARY MUSEUM FACILITY, AND APPROPRIATING ADDITIONAL FUNDING NOT -TO- EXCEED THREE HUNDRED THIRTY SIX THOUSAND SIX HUNDRED THIRTY SEVEN DOLLARS ($336,637) WHEREAS, in accordance with Seward City Code 6.10.310 the City of Seward submitted a request for proposals for professional design services for the library museum replacement project; and WHEREAS, following the review and evaluation, a short list of proposals, which most nearly met the requirements and received the most points under the selection criteria approved by Council, was developed in accordance with SCC 6.10.335; and WHEREAS, upon receiving the clarifying information, ECl/Hyer Inc. received the most points and was the highest ranked of the short- listed proposers; and WHEREAS, ECl/Hyer has submitted a fee proposal to continue their design services through design development for two hundred ninety two thousand seven hundred and twenty eight ($292,728); and WHEREAS, the design development deliverables will include (but are not limited to): plans, sections, elevations, typical construction details and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and such other elements as may be appropriate; and WHEREAS, the design development documents shall also include outline specifications that identify major materials and systems and establish in general their quality; and WHEREAS, an additional 15% contingency is being included in this Amendment #1 for a total amount not to exceed forty -three thousand nine hundred nine dollars ($43,909); and WHEREAS, the current total contract amount with ECI /Hyer is five hundred thirteen thousand seven hundred eighty four dollars ($513,784) including contingency; and WHEREAS, further design services for Construction Documents (100% Design) and Construction Management will come before the Council for contract approval and fund appropriations. CITY OF SEWARD, ALASKA Resolution 2010 -073 Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is authorized to enter into Amendment #1 with ECl/Hyer Inc. in substantial form as attached hereto to provide design services through design development for a cost not -to- exceed three hundred thirty six thousand six hundred thirty seven dollars ($336,637) including the 15% contingency, and appropriates funds from the Library/Museum Fund account no. 626 -626x- 4680 -0200 to contracted services account no. 626 -626X -5390. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 9th day of August, 2010. THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Jean Lewis City Clerk, CMC (City Seal) ri Council Agenda Statement a {o F SF w � Meeting Date: August 9, 2010 ,y 0 Through: City Manager Phillip Oates -' ' q From: Community Development Director Christy Terry Agenda Item: ECI /Hyer Inc. professional design development services for the new co- located Library Museum Facility BACKGROUND & JUSTIFICATION: Since 2003, the City of Seward, Seward Community Library Association and the Resurrection Bay Historical Society have been planning to co- locate the Community Library and the Seward Museum to a new facility. Co- location will create efficiencies of service and space as well as providing the amount of space needed to meet the existing and future needs of these organizations. In accordance with Seward City Code 6.10.310 the City of Seward submitted a request for proposals for professional design services for the library museum replacement project. Following the review and evaluation, a short list of proposals, which most nearly met the requirements and received the most points under the selection criteria approved by Council, was developed in accordance with SCC 6.10.335. Upon receiving the clarifying information, ECI /Hyer Inc. received the most points and was the highest ranked of the short- listed proposers. ECI /Hyer has submitted a fee proposal to continue their design services through design development for two hundred ninety two thousand seven hundred and twenty eight dollars ($292,728). The design development deliverables from ECI /Hyer will include (but are not limited to): plans, sections, elevations, typical construction details and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and such other elements as may be appropriate. The design development documents shall also include outline specifications that identify major materials and systems and establish in general their quality. ECI /Hyer's proposal was reviewed and approved by the Project Executive Committee per the Memorandum of Agreement between the City of Seward and the Seward Community Library Museum Building Committee. Further design services for Construction Documents (100% Design) will return to the PEC for recommendation and to Council for contract approval and fund appropriations. INTENT: Approve a contract with ECI /Hyer Inc. for Design Development (65 %Design) Services in the amount of three hundred thirty six thousand six hundred and thirty seven dollars ($336,637) including a 15% contingency, and obtain Council approval for the transfer of funds. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. FISCAL NOTE: This action proposes to utilize funds accepted from the State of Alaska for the purpose of design development services. This action appropriates for the contract with ECI /Hyer, Inc. for $336,637. The current total contract amount with ECI /Hyer is five hundred thirteen thousand seven hundred eighty four dollars ($513,784) including contingency. Prior to this stage of the project, contract funds were transferred to the City from the Seward Community Library Museum Building Committee. Approved by Finance Department: 4e k!t& ATTORNEY REVIEW: No. RECOMMENDATION: Approve Resolution 2010 - 73, authorizing the City Manager to enter into Amendment Number One with ECI /Hyer Inc. for professional design development services for the new co- located Library Museum Facility, and appropriating additional funding not -to- exceed three hundred thirty six thousand six hundred and thirty seven dollars ($336,637) 3 rntaa rnel July 22, 2010 Seward City Library Museum 09.0011/1.1.3 Christy Terry, Community Development Director City of Seward 234 Fourth Ave Petro Plaza Bldg Seward AK 99664 RE: Professional Design Services Dear Christy, After meeting with the Project Executive Committee last week to identify value engineering targets, we are pleased to submit our revised fee proposal for the Seward City Library Museum which will carry the project through the Design Development and Construction Documents Phase of the work. We have also included several options as Additional Services for the Owner's consideration. We propose to provide these services on a Lump Sum/Fixed Fee basis as follows: Basic Services: HYER Design Development Basic Services (Fixed Fee) $292,728 Construction Documents Basic Services (Fixed Fee) $365,992 Additional Services: CM/GC Coordination & Bid Phase Services (T &M Allowance) $41,242 Additional Services that may be authorized later: Basement Design 1; under service bar (Fixed Fee) $33,150 Basement Design 2; under museum exhibit area (Fixed Fee) $39,710 Clerestory Additive Alternate (Fixed Fee) $11,388 Please refer to the attached breakdown of fees by discipline for each of the above phases. Scope of Services 1. Basic Services Shall Include 1.1. Design Development & Construction Documents for a building of ARCHITECTURE approximately 17,000 to 18,000 sf as described in the SD report (basic PLANNING INTERIORS building without additive alternates) with scope adjustments as agreed to on DEVELOPMENT 07 -19 -2010 with the Project Executive Committee (refer to attached VE 101 WEST BENSON sheet) SUITE 306 ANCHORAGE, AK 99503 1.2. Completion of design for sitework onsite plus adjacent sidewalks and street (907) 561 -5543 parking (907) 562-3213-FAX 1 Christy Terry July 22, 2010 Page 2 1.3. DD and CD for structural shell (foundation walls) related to Basement Design 1; this portion of basement to be completely unfinished and treated as crawlspace 1.4. The museum space will be designed as 'core and shell'; coordination with interpretive designers will be a separate task not included at this time 2. Design Development Basic Services 2.1. Based on the Owner's approval of the Schematic Design Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for Cost of the Work, the Architect shall prepare Design Development Documents for the Owner's approval. The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, civil, landscape, structural, mechanical and electrical systems, and such other elements as may be appropriate. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their HYER quality. 2.2. Basic Assumptions 2.2.1. Up to 4 workshops /meetings in Seward as follows: 1) kick -off and value analysis workshop; 2) interpretive design strategy workshop; 3) design development workshop; 4) one additional trip tbd 2.2.2. Bi- weekly teleconferences with the PEC and /or staff 2.3. Design Development Deliverables: Electronic .pdf versions plus up to 10 hard copies of all drawings and reports. 2.3.1. Site plan including site layout, grading and drainage plan; civil cross sections 2.3.2. Landscape planting/hardscape plans and colored site plan 2.3.3. Floor plans, roof plan, exterior elevations, and building sections 2.3.4. Wall sections at key locations 2.3.5. Exterior details at key locations 2.3.6. Computer model (Sketchup & Revit formats) of the building exterior and interior 2.3.7. Computer renderings suitable for fundraising brochures 2.3.8. Outline specification (specification worksheet identifying key materials and requirements) 2.3.9. Structural framing plans 2.3.10.Mechanical and electrical drawings 2.3.11. Project specific analysis of codes, ordinances and regulations 2.3.12.Interior and exterior color /material boards i0 Christy Terry July 22, 2010 Page 3 2.3.13. Construction cost estimate 3. Construction Documents Basic Services 3.1. Based on the Owner's approval of the Design Development Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Owner's approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that in order to construct the Work the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review for conformance with the design documents. 3.2. Basic Assumptions 3.2.1. Assumes a single set of construction documents; no early procurement packages s = 3.2.2.Up to 3 workshops /meetings in Seward as follows: 1) kick -off and value analysis workshop; 2) design update with PEC; 3) one additional HYER trip tbd 3.2.3.Bi- weekly teleconferences with the PEC and /or staff 3.3. Deliverables: Electronic .pdf versions plus up to 10 hard copies of all drawings and reports. 3.3.1. Bid -ready drawings 3.3.2. Bid -ready technical specifications, divisions 1 through 16 (division 0 by owner) 3.3.3. Construction cost estimate 4. Additional Services 4.1. CM/GC Coordination: Includes value analysis work session with cm /gc, cost reconciliation of DD and CD estimates, up to 4 additional meetings with em /gc, general coordination with cm /gc 4.2. Bid Phase Services: assistance with bidding process, preparation of addenda, review of substitution requests, day -to -day question/answer; applies to either CM/GC procurement or traditional bid process 4.3. Basement Design 1: Design of a basement under the service bar of the main area; assumes basic building has a small basement to house the boiler room; expanded basement to be designed as a standard storage room (non - archival) and treated as an additive alternate 4.4. Basement Design 2: Design of a basement under the museum exhibit area; assumes basic building has a small basement to house the boiler room; expanded basement to be designed as a standard storage room (non - archival) and treated as an additive alternate .L .t, Christy Terry July 22, 2010 Page 4 4.5. Clerestory: DD and CD for a small clerestory as an additive alternate; assumes the clerestory does not require redesign of primary structure We look forward to completing this excellent project. Should you have any questions regarding this fee proposal please feel free to call myself or Terry flyer. Sincerely, 1 , Brian Meissner encl HYER ECI /Hoer, Inc. Summary of Services Seward City Library Museum Revised 7 /22/2010 Mechanical/ Architecture Landscape Civil /Structural Estimating Electrical ECI /Hyer Corvus Nelson AMC Tonsina TOTAL Basic Services Design Development $144,200 $11,317 $48,290 $74,340 $9,121 5287,268 Reimbursable Expenses $4,250 $275 $330 $330 $275 $5,460 Total Services 5148,450 511,592 $48,620 574,670 $9,396 $292,728 Construction Documents $210,800 $8,329 $45,100 590,290 $4,673 5359,192 Reimbursable Expenses $6,250 5275 $0 $0 $275 56,800 Total Services 5217,050 58,604 545,100 590,290 $4,948 $365,992 ECI /Hyer Services 5355,000 Subconsultant Services $291,460 Estimated Expenses 512,260 Grand Total Services 5658,720 Basic Services includes: Design Development & Construction Documents fora building of approximately 17,000 to 18,000 sf as described in the SD report (basic building without additve alternates) with scope adjustments as agreed to on 07-19-2010 with the Project Executive Committee (refer to attached VE sheet) DD and CD for sitework including onsite plus adjacent sidewalks and street parking DD and CD for structural shell (foundation walls) related to Basement Design 1; this port ion of basement to be completely unfinished and treated as crawlspace The museum space will be designed as 'core and shell'; coordination Interpretive designers will be a separate task Workshops and Meetings, DD: 1) kick-off and value analysis workshop; 2) interpretive design strategy workshop; 3) design development workshop; 4) one additional trip tbd Workshops and Meetings, CD: 1) kick -off and value analysis workshop; 2) design update with PLC; 3) one additional trip tbd One cost estimate at the completion of Design Development and one cost estimate at the completion of Construction Documents dditional Services authorized concurrent with DD and CD &M Allowance CM /GC Coordination & Bid Phase Services 1 $16,8001 $660J $5,5001 $13,2001 $5,0821 541,242 Description of Additional Services: CM /GC Coordination: Includes value analysis work session with cm /gc, cost reconciliation of DD and CD estimates, up to 3 addtl meetings with crtt/gc, general coordination with cm /gc Bid Phase Services: assistance with bidding process, preparation of addenda, review of substitution requests, day -to -day question /answer; assumes bid through cm /gc; assumes 3 week bid period Additional Services that may be authorized later Fixed Price Basement Design 1 (under service bar) $14,000 $0 $1,540 $16,280 $1,330 533,15 Fixed Price Basement Design 2 (under Museum Exhibits) $21,000 $0 $5,390 $11,990 $1,330 539,71 Fixed Price Clerestory Additive Alternate $5,400 $0 $5,170 $0 $818 511,3 Description of Additional Services: Basement Design 1: Design of a basement under the service bar of the main area; assumes basic building has a small basement to house the boiler room; expanded basement to be designed as a standard storage room (non - archival) and treated as an additive alternate Basement Design 2: Design of a basement under the museum exhibit area; assumes basic building has a small basement to house the boiler room; expanded basement to be designed as a standard storage room (non- archival) and treated as an additive alternate Clerestory: DD and CD for a small clerestory as an additive alternate; assumes the clerestory does not require redesign of primary structure I W Basic Items from Schematic Design Final Schematic Design Estimate $8,934, 798 refer to estimate from Estimations, March 11, 2010 Basement Under Service Bar $263,305 Basement Under Museum Exhibits $314,020 Parking and Landscaping $115,749 Snow Melt $70,400 assumes no change to primary structure; revisit after 65% cost Clerestory $103,489 estimate Subtotal $9,050,547 $751,214 Value Engineering Items eliminate meeting room for 264 sf area reduction; swap stairs with Eliminate Meeting Room Bump -out on Upper Floor teen lounge; add wall that allows teen lounge to function as meeting $100,980 room Shrink Entire Building by 2 feet in East -West Direction reduces circulation room on upper floor; total area reduction of 220 sf - $132,660 times two floors equals 440 sf reduction reduces circulation room on upper floor; total area reduction of 440 sf Shrink Entire Building by addtl 4 feet in East -West Direction times two floors equals 880 sf reduction; requires switch to 78" - $265,320 bookstacks instead of 60" Eliminate Basement entirely bring boiler room to ground floor; requires down - sizing of museum - $213,840 collections and exhibit prep; 792 sf area reduction Reduce curtainwall by 10% $16,002 Eliminate sunshades - $9,240 Eliminate /postpone exterior sign - $17,250 Fund inventory control and book carts from furniture budget - $6,613 Fund library stacks from furniture budget - $49,368 Fund AV equipment from furniture budget - $41,284 Fund kitchen appliances from furniture budget - $8,987 committee clarified that the project does not need to be designed to smithsonian standards; objects that require higher levels of protection Downgrade HVAC - $150,000 to be handled at the case level either on display or in the collections room; general design paramaters for collections room and exhibit room to be type B as described in ASHRAE 21.13, table 3, assumes Class V building environment for those spaces per table 4; to be reviewed during interpretive workshop. Eliminate intrusion detection system - $29,168 some items may be by volunteers; design development estimate to Defer on -site landscaping (already include in alternate above) $0 have better break -out to add in strategizing Hope for bid -day cost savings on Mech, Elect, GC's (market conditions adjustment) - $633,538 7% $7,S90,137 Professional Services Agreement with ECl/Hyer, Inc. for Professional Schematic Design Services This AGREEMENT, made and entered into this 26 day of October, 2009 by and between the CITY OF SEWARD, a home rule municipal corporation located within the Kenai Peninsula Borough and organized under the laws of the State of Alaska, hereinafter referred to as the "City" and ECl/Hyer Inc., a corporation authorized to do business in Alaska, with offices located at 101 W. Benson Blvd., Suite 306, Anchorage, Alaska, 99503, hereinafter referred to as the "Architect" WITNESSED WHEREAS, the City of Seward wishes to enter into a contract with an independent Architect to provide Professional Schematic Design Services for the Seward Library Museum Replacement Project in Seward, Alaska; and WHEREAS, in response to a request for proposals, ECl/Hyer submitted a proposal asserting it is qualified to perform these services and able to do so in a timely manner; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1.0 DEFINITIONS 1.1 "Agreement" shall mean this Professional Services Agreement, including: Exhibit A — ECI /Hyer, Inc. proposal dated 9/28/09 Exhibit B — City's request for proposals dated 8/31/09 and addenda 1 -5 1.2 "Change Order" is an addition to, or reduction of, or other revision approved by the City in the scope, complexity, character, or duration of the services or other provisions of this Agreement. 1.3 "City" shall all mean the City of Seward, Alaska. 1.4 "Contracting Officer" shall mean City Manager Phillip Oates, and include any successor or authorized representative. 1.5 "Project" shall mean the schematic design services for the library museum replacement project in Seward, Alaska, as further described in the City' s request for proposals issued August 31, 2009. 2.0 TERM OF AGREEMENT. This Agreement shall take effect upon execution. This - Professional Service Agreement for Professional Schematic Design Services Seward Library Museum Project -2009 - -Page 1 of 8- �L1 %i Agreement shall remain in full force and effect until the Project has been completed and further, until all claims and disputes have been concluded. The work is considered complete when the City has received and found acceptable the finished product of all work described in 4.0 Scope of Services or changes thereto. This date is not necessarily the Completion Date as described in 5.0 Completion Date. This Agreement may be amended only in writing and upon compliance with all applicable statutes, ordinances, and regulations. 3.0 FEES. The Architect will provide schematic design services for a lump sum basis at a fixed fee of $123,570.00. If utilized, services of Library & Museum Planner Thomas Hacker are offered for an additional fee of $24,000. Total Cost through Schematic Design, including the optional services of Thomas Hacker, is for a price Not To Exceed $147,570. 4.0 SCOPE OF SERVICES. The City and Architect have agreed upon a scope of work described in the Architect's proposal, Exhibit A, to provide schematic design services based on approved standards and instructions as specifically described in the City's request for proposals, Exhibit B. This Scope of Services can only be changed in writing pursuant to Section 26.0 of this Agreement. 5.0 SCHEDULE FOR COMPLETION. The schedule for completion for all work described herein shall be as follows: February 1, 2010. 6.0 PERSONNEL /ORGANIZATION 6.1 Key Personnel. Work and services provided by the Architect will be performed by: Principal in Charge Terry Hyer, Principal/Lead Designer Brian Meissner, and Project Manager /Architect Jae Shin. Additionally, Library & Museum Planner Thomas Hacker may be utilized by the City. 6.2 Changes in Key Personnel. The Architect shall give the City reasonable advance notice of any necessary substitution or change of key personnel and shall submit justification therefore in sufficient detail to permit the City to evaluate the impact of such substitution on this Agreement. No substitutions or other changes shall be made without the written consent of the City. 7.0 STANDARD OF PERFORMANCE. The Architect agrees to provide all required professional services to complete the project and any additions or changes thereto. The Architect accepts the relationship of trust and confidence established between it and the City by this Agreement. The Architect covenants with the City to furnish its skill and judgment, and to further the interest of the City at all times through efficient business administration and management. The Architect shall provide all services in a competent manner. It is understood that some of the services to be rendered hereunder required professional judgment and skill. In those cases, the Architect agrees to adhere to the - Professional Service Agreement for Professional Schematic Design Services Seward Library Museum Project -2009 - -Page 2 of 8- 4 h 1 1, D standards of the applicable profession, 8.0 COMPLIANCE WITH LAWS. The Architect shall be familiar with and at all times comply with and observe all applicable federal, state and local laws, ordinances, rules, regulations, and executive orders, all applicable safety orders, all orders or decrees of administrative agencies, courts, or other legally constituted authorities having jurisdiction or authority over the Architect, the City, or the service which may be in effect now or during performance of the services. 9.0 INDEMINITY. The Architect shall indemnify, defend, and hold harmless the City from and against any claim of, or liability for, negligent acts, errors, and omissions of the Architect under this agreement, including attorney fees and costs. The consultant is not required to indemnify, defend, or hold harmless the City for a claim of, or liability for, the independent negligent acts, errors, and omissions of the City. If there is a claim of, or liability for, a joint negligent act, error, or omission of the Architect and the City, the indemnification, defense, and hold harmless obligation of the Architect, and liability of the parties, shall be apportioned on a comparative fault basis. In this provision, "Architect" and "City" include the employees, agents, and contractors who are directly responsible, respectively, to each. In this provision, "independent negligent acts, errors, and omissions of the City" means negligence other than in the City's selection, administration, monitoring, or controlling of the Architect, or in approving or accepting the Architect's work or the Architect's subcontractors. 10.0 INSURANCE. The Architect understands that no City insurance coverage, including Workers' Compensation, are extended to the Architect while completing the terns of this Agreement. The Architect shall carry adequate (commercially reasonable coverage levels) insurance covering Workers' Compensation, general public liability, automobile, professional liability including errors and omissions, and property damage including a contractual liability endorsement covering the liability created or assumed under this Agreement. The Architect shall not commence work under this Agreement or any work on any phase of the Project until the Architect provides the City with certificates of insurance evidencing that all required insurance has been obtained. These insurance policies and any extension or renewals thereof must contain the following provisions or endorsements: a. City is an additional insured thereunder as respects liability arising out of or from the work performed by Architect of City of Seward. b. City will be given thirty (30) days prior notice of cancellation or material alteration of any of the insurance policies specified in the certificate. c. Insurer waives all rights of subrogation against City of Seward and its employees or elected officials. d. The insurance coverage is primary to any comparable liability insurance carried by the City of Seward. - Professional Service Agreement for Professional Schematic Design Services Seward Library Museum Project -2009 - -Page 3 of 8- 7 Upon request, Architect shall permit the City to examine any of the insurance policies specified herein. Any deductibles or exclusions in coverage will be assumed by the Architect, for account of, and at the sole risk of the Architect. 11.0 GOVERNING LAW. The laws of Alaska will determine the interpretation, performance and enforcement of this Agreement. 12.0 OWNERSHIP OF WORK PRODUCTS. Payment to the Architect for services hereunder include full compensation for all work products and other materials produced by the Architect and its sub - contractors pertaining to this Agreement. The originals of all material prepared or developed by the Architect or its employees, agents, or representatives hereunder, including documents, drawings, designs, calculations, maps, sketches, notes, reports, data, models, computer tapes, and samples shall become the property of the City when prepared, whether delivered or not, and shall, together with any materials furnished the Architect and its employees, agents, or representatives by the City hereunder, be delivered to the City upon request and, upon termination or completion of this Agreement. Materials previously created and copyrighted by the Architect included in this project will remain property of the Architect. Copies will be made available to the City upon request. Materials purchased from and copyrighted by third parties are not included in this provision. 13.0 PATENTS, TRADEMARKS, AND COPYRIGHTS. The Architect agrees to defend, indemnify, and save the City harmless from and against any and all claims, costs, royalties, damages and expenses of any kind of nature whatsoever (including attorneys' fees) which may arise out of or result from or be reasonably incurred in contesting any claim that the methods, processes, or acts employed by the Architect or its employees in connection with the performance of services hereunder infringes or contributes to the infringement of any letter patent, trademark, or copyright. In case such methods, processes, or acts are in suit held to constitute infringement and use is enjoined, the Architect, within reasonable time and at its own expense, will either secure a suspension of the injunction by procuring for the City a license or otherwise, or replace such method, process, etc., with one of equal efficiency. 14.0 NONWAIVER. No failure of the City or Architect to insist upon the strict performance by the other of any of the terms of this Agreement or to exercise any right or remedy herein conferred shall constitute a waiver or relinquishment to any extent of its rights to rely upon such terms or rights on any future occasion. Each and every tenn, right, or remedy of this Agreement shall continue in full force and effect. 15.0 SAFETY/PERFORMANCE. The Architect shall perform the work in a safe and workmanlike manner. The Architect shall comply with all federal and state statues, ordinances, orders, rules, and regulations pertaining to the protection of workers and the public from injury or damage, and shall take all other reasonable precautions to protect workers and the public from injury or damage. - Professional Service Agreement for Professional Schematic Design Services Seward Library Museum Project -2009 - -Page 4 of 8- 3 l 16.0 SUSPENSION OR TERMINATION. 16.1 Fault Termination or Suspension. This Agreement may be terminated by either party upon ten (10) days written notice if the other party fails substantially to perform in accordance with its terms. If the City terminates this Agreement it will pay the Architect a sum equal to the percentage of work completed and accepted by the City that can be substantiated by the Architect and the City, offset by any amounts owed to the City. However, within the ten (10) day Notice of Intent to terminate the party in default shall be given an opportunity to present a plan to correct its failure. 16.2 Convenience Suspension or Termination. The City may at any time terminate or suspend this Agreement for any reason including its own needs or convenience. In the event of a convenience termination or suspension for more than six (6) months, the Architect will be compensated for authorized services and authorized expenditures performed to the date of receipt of written notice of termination or suspension. No fee or other compensation for the uncompleted portion of the services will be paid, except for already incurred indirect costs which the Architect can establish and which would have been compensated but because of the termination or suspension would have to be absorbed by the Architect without further compensation. 16.3 Activities Subsequent to Receipt of Notice of Termination or Suspension. Inunediately upon receipt of a Notice of Termination or suspension and except as otherwise directed by the City or its Representative, the Architect shall: a. stop work performed under this Agreement on the date and to the extent specified in the Notice; and b. transfer title to the City (to the extent that title has not already been transferred) and deliver in the manner, at the times, and to the extent directed by the City's representative, work in progress, completed work, supplies, and other material produced as a part of, or acquired in respect of the performance of the work terminated or suspended by the Notice. 17.0 EQUAL EMPLOYMENT OPPORTUNITY. The Architect shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, or because of age, physical handicap, sex, martial status, change in marital status, pregnancy, or parenthood when the reasonable demands of the position do not require distinction on the basis of age, physical handicap, sex, marital status, changes in marital status, pregnancy, or parenthood. The Architect shall take affirmative action required by law to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, national origin, ancestry, age, or marital status. - Professional Service Agreement for Professional Schematic Design Services Seward Library Museum Project -2009 - -Page 5 of 8- !� 1;J 18.0 NO ASSIGNMENT OR DELEGATION. The Architect may not assign, subcontract or delegate this Agreement, or any part of it, or any right to any of the money to be paid under it without written consent of the Contracting Officer. 19.0 INDEPENDENT ARCHITECT. The Architect shall be an independent Architect in the performance of the work under this Agreement, and shall not be an employee or agent of the City. 20.0 PAYMENT OF TAXES. As a condition of performance of this Agreement, the Architect shall pay all federal, state and local taxes incurred by the Architect and shall require their payment by any other persons in the performance of this Agreement. 21.0 PRECEDENCE AND DIVISIBILITY. The provisions of this Agreement shall fully govern the services performed by the Architect. If any term, condition, or provision of this Agreement is declared void or unenforceable, or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. 22.0 STATE OF ALASKA AND CITY OF SEWARD BUSINESS LICENSE. The Architect shall not commence work under this Agreement or any work on any phase of the Project until the Architect provides the City with copies of their State of Alaska and City of Seward business licenses. 23.0 ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties as to the services to be rendered by the Architect. All previous or concurrent agreements, representations, warranties, promises, and conditions relating to the subject matter of this Agreement are superseded by this Agreement. 24.0 COMPLETION OF WORK, TERM OF AGREEMENT. The Architect shall perform all work in a timely fashion, and in accordance with the schedules included in this Agreement and Exhibits. 25.0 CLAIMS AND DISPUTES. Venue for all claims and disputes under this Agreement, if not otherwise resolved by the parties, shall be in the appropriate Alaska State court in Anchorage, Alaska. 26.0 CHANGES IN SCOPE OF WORK. 26.1 General. No claim for additional services not specifically provided in this Agreement will be allowed, nor may the Architect do any work or furnish any materials not covered by the Agreement unless the work or material is ordered in writing by the Contracting Officer. Preparation of Change Orders and design changes, due to errors and /or omissions by the Architect, will be done at the sole expense of the Architect. 26.2 Changes in Scope of Work. The City or its representative may, at any time, by a - Professional Service Agreement for Professional Schematic Design Services Seward Library Museum Project -2009 - -Page 6 of 8- written Change Order delivered to the Architect, make changes to the scope of work, or authorize additional work outside the scope of work. 26.3 Compensation to the Architect. If any Change Order for which compensation is allowed under this Article causes an increase or decrease in the estimated cost of, or time required for, the performance of any part of the work under this Agreement, or if such change otherwise affects other provisions of this Agreement, an equitable adjustment will be negotiated. Such an adjustment may be: a. in the estimated cost or completion schedule, or both; b. in the amount of fee to be paid; and c. in such other provisions of the Agreement as may be affected, and the Agreement shall be modified in writing accordingly. 26.4 Any claim by the Architect for adjustment under this section must be asserted within fifteen (15) days from the day of receipt by the Architect of the notification of change; provided, however, that the City or its representative, deciding that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this Agreement. Failure to agree to any adjustment shall be a dispute within the meaning of Section 25.0 of this Agreement. 27.0 LIMITATION OF FUNDS. 27.1 At no time will any provision of this Agreement make the City or its representative liable for payment for performance of work under this Agreement in excess of the amount that has been appropriated by the City Council and obligated for expenditure for purposes of this Agreement. 27.2 Change orders issued pursuant to Section 26 of this Agreement shall not be considered an authorization to the Architect to exceed the amount allotted in the absence of a statement in the change order, or other modification increasing the amount allotted. 27.3 Nothing in this Section shall affect the right of the City under Section 17 to terminate this Agreement. 28.0 PRIOR WORK. For the purposes of this Agreement, work done at the request of the City or its representative before execution of this Agreement shall be deemed to be work done after its execution and shall be subject to all the conditions contained herein. 29.0 NOTICES. Any notices, bills, invoices, or reports required by the Agreement shall be - Professional Service Agreement for Professional Schematic Design Services Seward Library Museum Project -2009 - -Page 7 of 8- r:. .a sufficient if sent by the parties in the United States mail, postage paid, to the address noted below: City of Seward Community Development Director Christy Terry PO Box 167 Seward, Alaska 99664 -0167 IN WITNESS WHEREOF, the parties have executed this Agreement. City of Seward ECI /flyer, Inc. By: Phillip Oates By: Teri . Hyer I Title: City Manag r Title: Principal Date: 10 27 2-001 Date: /©• Z2._ - ATTEST: jyan Lewis, CMC L pity Clerk yt r��gw } (city seal) 40 ,Cf1'i °. &Pa ar V., rr tie c j '"4 rat+ �r w T+i �• •'. .FVn, 'eqJ - Professional Service Agreement for Professional Schematic Design Services Seward Library Museum Project -2009 - -Page 8 of 8- r; 9 i_ 4- Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2010 -074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE FIRE DEPARTMENT TO CONDUCT LIVE FIRE EVOLUTIONS DURING THE 2010 FIRE CONFERENCE ON A STRUCTURE LOCATED AT SIXTH AND ADAMS ON THE NEW LIBRARY/MUSEUM SITE WHEREAS, the Library Committee needs to demolish structures on the proposed site for the new library /museum building; and WHEREAS, the Fire Department is in need of a structure to conduct live fire evolutions during the 2010 Fire Conference which will be held in Seward September 27 — October 2, 2010; and WHEREAS, allowing the Fire Department to burn the existing structure will reduce demolition costs for the Library/Museum project and will provide firefighters and fire officers from around the state to participate in realistic live fire training during the Fire Conference; and WHEREAS, the Fire Department is required to obtain an Alaska Department Environment Conservation burn permit to conduct such training by the Alaska Administrative Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Fire Department is required to post public notices in designated locations advising of the live fire evolutions and the intended location of the site. Section 2. The public shall have an opportunity to address Council with concerns with the live fire operations during the thirty day public notice period as required by 18 AAC 50.065(h). This resolution shall start the required thirty day public notice. Section 3. The Fire Department/2010 Fire Conference Training Committee shall be required to obtain an ADEC burn permit in accordance with 18 AAC 50.065(h) and shall be required to follow the standard adopted by the Alaska Fire Standards Council on live fire evolution. Section 4. When the other sections have been met; the Fire Department has approval to conduct live fire evolutions on the site for the new Library/Museum building. Section 5. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 9 day of August, 2010. 4, 3 Council Agenda Statement Meeting Date: August 9, 2010 Thru: Phillip Oates, City Manager �tof SE �q'A From: David Squires, Fire Chief u r G Agenda Item: Authorizing the Fire Department to conduct live qt fire evolutions on a structure located at Sixth and Adams BACKGROUND & JUSTIFICATION: The plan to for the new Library museum building requires the demolition of a structure currently located on the site chosen, near Sixth and Adams. It has been proposed that this structure could be used for training purposes during the 2010 Fire Conference that will be held in Seward September 27` — October 2 2010. With this in mind, a tentative class for engine company operations has been designed using this structure as the main training prop. We have already completed an initial safety walk - around the building and site and there are some items that will need to be accomplished before we can use it as a training aid. These items are required by the standard adopted by the Alaska Fire Standards Council. Some of these items will be taken care ofby the 2010 committee, the other items will be the responsibly of the owner or the project. A backhoe will be required to be onsite when then structure is burned to the ground because of proximity of electric lines to the structure in the alley. We will use the west wall to protect the electric lines and then push the wall into the "basement" to complete the burning of the structure. In accordance with Alaska Statues we will be applying for a Department of Environmental Conservation burn permit for this event. ADEC requires a thirty day public notice and we would like to start that public notice with this meeting. The use of the structure will give the firefighters and officers who attend the conference, a more realistic environment and practical application of fire suppression techniques. INTENT: The intent of this agenda statement is to provide the Council and the general public as a notice that a structure will be burned, located on the south side of the intersection of Sixth and Adams during the 2010 Fire Conference. Persons who have objections to this activity should provide written notice to the City Clerk and to ADEC Air Quality Division. CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures or Other Plans or Policies: Yes (List Below) No 18 AAC 50.065(h) FISCAL NOTE: Demolition preparation and backhoe rental/operator will be financed from the funds held in account 101 -0- 2040 -0150. Funds held in this account where generated from lease revenue of the property. The amount of demolition preparation and back hoe rental/operation will not exceed $10,000 which is within the City Manager's spending authority. Approved by Finance Department: „ r , ATTORNEY REVIEW: Yes No X RECOMMENDATION: City Council approve Resolution #_2010 -OM ; authorizing the Fire Department to conduct live fire evolutions during the 2010 Fire Conference on the site for the new library /museum. The approval is contingent on the results of a thirty day public notice, obtaining a DEC burn permit and meeting the requirements set by the Alaska Fire Standards Council. Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2010 -075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING AMENDMENT NO. 22 TO THE CONTRACT WITH KENT DAWSON COMPANY, INC. FOR STATE LOBBYING SERVICES TO INCLUDE SERVICES FOR SAAMS' LEASE AND OPERATION OF THE ALASKA SEALIFE CENTER AND APPROPRIATING AN ADDITIONAL $18,000 TO THE CONTRACT WHEREAS, the City of Seward has employed Kent Dawson as the City's state lobbyist since 1980; and WHEREAS, this contract has been extended each year since; and WHEREAS, the relationship between the City and Mr. Dawson continues to be mutually beneficial, with the City receiving excellent service from the lobbying firm; and WHEREAS, the Seward Association for the Advancement of Marine Science ( "SAAMS ") has requested that the City add the cost of lobbying on behalf of its lease and operation of the Alaska SeaLife Center to its existing contract with Kent Dawson Company Inc.; and WHEREAS, SAAMS confirms that it will not use state or federal funds for the purpose of paying for its share of lobbying services; and WHEREAS, this amendment will appropriate $18,000 to the existing City contract to include services for SAAMS related to its lease and operation of Alaska SeaLife Center projects and will allow Kent Dawson's firm to lobby for SAAMS related to its lease and operation of the Alaska SeaLife Center in cooperation with the existing agreement with the City of Seward, through December 31, 2011. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Council hereby approves Amendment No. 22 to the contract with Kent Dawson Company, Inc., beginning the inclusion of lobbying services for SAAMS related to its lease and operation of the Alaska SeaLife Center through December 31, 2011, concurrent with the existing agreement with the City of Seward. No other changes or modifications to the contract are contemplated in this amendment. Section 2. Funding will be from Account number 101 -0- 1001 -0495. Section 3 This resolution shall take effect immediately upon its adoption. r.►• CITY OF SEWARD, ALASKA RESOLUTION 2010 -075 PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 9th day of August, 2010. THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor ATTEST: Jean Lewis, CMC City Clerk (City Seal) r ri Council Agenda Statement Meeting Date: August 9, 2009 e 4of M9 Through: City Manager, Phillip Oates `` - � q4-.45K From: Executive Liaison, Suzi Towsley Agenda Item: Kent Dawson Lobbying Contract Amendment BACKGROUND & JUSTIFICATION: The City of Seward has a lobbying contract with Kent Dawson Company, Inc. for consultative, advisory, and lobbying services. Amendment No. 22 would add eighteen thousand ($18,000) to the existing City contract, valid through December 31, 2011 for the purpose of adding the SAAMS' lease and operation of the Alaska SeaLife Center to Mr Dawson's lobbying purview. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: The Alaska SeaLife Center will pay the city $3,000 per quarter to cover the additional payment to Kent Dawson Company Inc, fund 101 -0- 1001 -0495. Approved by Finance Department Kte_ RECOMMENDATION: Council approve Resolution 2010 -675 approving Amendment No. 22 to the contract with Kent Dawson Company, Inc. adding eighteen thousand ($18,000) to the existing City contract, for the purpose of adding SAAMS' lease and operation of the Alaska SeaLife Center project inclusion to Mr Dawson's lobbying and consulting activities. r i1 w0 AMENDMENT NO. 22 AMENDMENT NO 22, to the agreement between City of Seward and Kent Dawson Company, Inc., dated July 1, 1989: WHEREAS, the CITY OF SEWARD (the "City ") with offices at Seward, Alaska, and Kent Dawson Company, Inc. ( "Dawson "), an Alaskan corporation with offices at 423 Seward Street, Juneau, Alaska, 99801, entered into an Agreement for consultative, advisory, and lobbying services on July 1, 1989; and this Agreement was amended and renewed annually since that time; and WHEREAS, the relationship with Dawson Company Inc, the City of Seward is beneficial and inclusion of the Seward Association for the Advancement of Marine Science would benefit all three entities; and WHEREAS, the addition of $12,000 for lobbying services specific to the Seward Association for the Advancement of Marine Science to the existing City of Seward contract is desirous to all three parties, and NOW THEREFORE, in consideration of the mutual exchange of the promises of the parties, the parties agree to amend the Agreement as follows: The changes in the Agreement shall be to Paragraph 2. Compensation. The first sentence is amended to read: "Seward shall pay Dawson as compensation for its services hereunder as follows: $19,250.00 per quarter, and $3,000 per quarter, or $12,000 annually, specifically for services rendered on behalf of the Seward Association for the Advancement of Marine Science." EXCEPT AS PROVIDED HEREIN, all other terms and conditions of the Agreement and any amendments remain in full force and effect. IN WITNESS THEREOF, the parties have set their hands and seals below. KENT DAWSON COMPANY, INC. CITY OF SEWARD V. Kent Dawson Phillip Oates, City Manager Date Date L AGREEMENT AGREEMENT, made this day of _ , 1989, at Seward, Alaska, by and between the CITY OF SEWARD with offices at Seward, Alaska, hereinafter called "Seward," and KENT DAWSON COMPANY, an Alaskan company with offices at 311 North Franklin Street, Juneau, Alaska, hereinafter called "Dawson." WITNESSETH: WHEREAS, Dawson offers substantial expertise and i knowledge in socio - political and government matters in the State of Alaska, and WHEREAS, Seward desires to make use of Dawson's services in these areas and has offered to engage Dawson to render consultative, advisory and lobbying services to it in those fields, and WHEREAS, Dawson desires to accept such an agreement upon the terms and conditions hereinafter set forth, NOW THEREFORE, in consideration of the recitals, if promises and covenants contained herein, it is agreed by and between the parties as follows: 1. Duties and Term. Seward hereby employs Dawson to continue consultative, legislative and administrative lobbying activities and advise management on all matters as defined by mutual agreement and to render such `I services pertinent thereto in accordance with such f ` � + instructions as may from time to time be given by Seward. Agreement - Kent Dawson Company Page 1 S f f kagr Dawson shall report and be responsible to the City Manager of Seward. Dawson shall devote its best effort and such time as shall be necessary, consistent with the provisions of this agreement, to perform its duties under ' this agreement. Seward hereby contracts and employs Dawson as of July 1, 1989, through the Second Session of the Sixteenth Alaska State Legislature and ending with final action by the Governor on any projects relative to this agreement. Compensation. Seward shall pay Dawson as compensa- tion for its services hereunder as follows: July, 1989 $5,834 August, 1989 5,834 September, 1989. 5,834 October, 1989 5,834 November, 1989 5,834 December, 1989 5,834 January, 1990 5,834 February, 1990 5,834 March, 1990 5,833 April, 1990 5,833 May, 1989 5,833 June, 1990 5,833 3. Expenses. Seward agrees to pay or to reimburse, as appropriate, and and all travel related expenses, } other direct expenses, and all entertainment expenses, � I Agreement - Kent Dawson Company Page 2 r ,� not to exceed a cumulative total of $3,000 actually and reasonably incurred by Dawson, directly related to the conduct and performance of its work hereunder during the term of the contract. 4. Termination. This agreement shall remain in full force and effect for the term herein specified unless terminated or annulled by mutual agreement of the parties. 5. Nonassignability. This agreement is purely and solely with Dawson, it being understood that Seward desires to make us of its unique experience and abili- ties. Accordingly, Dawson shall have no right to assign, transfer, pledge or otherwise affect the agreement, nor any interest thereunder, nor any of the monies due or to become due it by reason fo the terms herein. 6. Waivers, Modifications, or Alterations. Any waiver or modification of any of the provisions of this agreement or the termination thereof, shall be in writing and signed by the parties. 7. Construction. This agreement shall be governed by the laws of Alaska. 8. Independent Contractor. Neither this agreement, nor anything contained herein, shall be construed to extend to Dawson the right to act as agent for Seward nor to grant to Dawson any power of agency, whether actual, or apparent, or implied. Dawson shall remain throughout Agreement - Kent Dawson Company Page 3 the performance of this agreement an independent contrac- tor. IN WITNESS WHEREOF, the parties have set their hands and seals on the date and at the place first mentioned above. /„. / / ( i, , V!. Merit Dawson, Owner Darryl aefermeyer City Manager ATTEST: APPROVED AS TO FORM: • PERKINS COIE, Attorneys for the City of Seward, AK 7,1,( Patricia J. Jones Fred B. Arvidson Acting City Clerk City Attorney (City Seal) tt Agreement - Kent Dawson Company Page 4 it ti x Alaska SeaLife Center' 1/ : u rl o lt' S t <, I /h i' s r rr MEMORANDUM TO: Seward City Council ! ! f �� FROM: Ian M. Dutton, President and CEO // / DATE: August 3, 2010 SUBJECT: Use of state or federal funds The Seward Association for the Advancement of Marine Science (SAAMS) dba the Alaska SeaLife Center (ASLC) appreciates the willingness of the City of Seward to include lobbying services for ASLC in its contract with Kent Dawson for the period July 1, 2010 through December 31, 2011. We understand that we will be responsible for paying $3,000 per quarter to the City of Seward for these services. The Seward Association for the Advancement of Marine Science dba the Alaska SeaLife Center will not use state or federal funds for the purpose of paying for our share of lobbying services. OFFICE OF THE PRESIDENT AND CEO 301 Railway Avenue • P.O. Box 1329 • Seward. Alaska 99664 Phone (907) 224- 6349 • Fax (9073 224 -63611 w vw.aluskasealite.nr• Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2010 -076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A SOLE SOURCE CONTRACT WITH CHUGACH ELECTRIC ASSOCIATION TO REPAIR THE TRANSMISSION LINE AND TO SPEND UP TO $1,500,000 FOR THE TOTAL PROJECT AND APPROPRIATING FUNDS WHEREAS, the electrical transmission line has damage in several places between Seward Highway Mile marker 18 to 37; and WHEREAS, these damages pose an immediate threat to the City's electrical power and the City Electric Department does not have the capability for the repairs; and WHEREAS, during a June 21 working session the City Council was presented an estimate provided by Dryden & LaRue, Inc. Their estimated repair and self generation cost was $830,000 to $1,500,000, these figures included $234,000 to $500,000 operating the City's emergency back up generators. The generator operating cost depends on the time the power is off in support of the repairs. The low estimate is based on if all repairs are accomplished simultaneously, thereby, reducing the time the power is off. If the repairs are not done simultaneously the backup generator cost could rise as high as an estimated $492,000; and WHEREAS, Chugach Electric Association can execute the repairs and charge the City their cost; and WHEREAS, Seward City Code §6.10.120(A)(7) exempts the City from the requirements of competitive procurement procedures where the City may contract for services with a public utility corporation at a price or rate determined by state or other government authority; and WHEREAS, over the years, the Regulatory Commission of Alaska approved CEA tariffs for costs of various work activities, and CEA will charge the City its costs in accordance with approved tariffs; and WHEREAS, the City Council finds that it is in public interest to waive the normal bid process per SCC 6.10.130 to pursue a sole source contract with Chugach Electric Association to accomplish the repairs, based on: 1) RCA's approval of Chugach's costs; 2) Chugach's technical expertise and greater capabilities; and 3) the urgency of the repairs. The City Manager notified the City Council of the pending emergency contract during the work session of June 21, 2010. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: CITY OF SEWARD, ALASKA RESOLUTION 2010 -076 Section 1. The City Manager is authorized to enter into a contract with Chugach Electric Association in substantially the form presented at this meeting for a cost not to exceed $500,000 and to spend up to $1,500,000 for the repairs and operating the backup generators. Section 2. The Seward City Council hereby determines that it is in the public interest to waive the normal bidding process per Seward City Code 6.10.120(A)(7) for the reasons described in the recitals above, which recitals are incorporated herein by this reference. Section 3. Funds will come from the Electric Departments Major Repair and Replacement Fund 502- 0000 - 3071 -0501 and the Transmission Line Fund 208 -208X- 5390. Section 4. This resolution shall take affect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this the 9th of August, 2010. THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) r r , a Council Agenda Statement Meeting Date: August 9, 2010 4 of S Fw q Through: Phillip Oates, City Manager ItASKP From: John Foutz, Manager Electric Utility Agenda Item: Transmission Line Repair Contract with Chugach Electric Association BACKGROUND & JUSTIFICATION: The bulk power to the City of Seward is provided by a radial transmission line. The City owns approximately 40 miles of transmission line, most in heavily steep sloped forested areas. The transmission line is damaged in several places due to falling trees between Seward Highway Mile Markers 18 to 37. These damages pose an imminent and immediate threat to the City's electrical power and the City Electric Department does not have the capability for the repairs. Dryden & LaRue, Inc. estimated a conservative repair cost of $830,000, this includes between $234,000 to $500,000 operating the City's emergency backup generators. The generator operating cost depends on the time the power is off in support of the repairs. The city manager notified the City Council of the pending emergency contract during the work session of June 21, 2010. Chugach Electric Association has the technical expertise and capabilities to execute the repairs and will charge the City their cost. Seward City Code §6.10.120(A)(7) exempts the City from the requirements of competitive procurement procedures where the City may contract for services with a public utility corporation at a price or rate determined by state or other government authority. Over the years, the Regulatory Commission of Alaska approved CEA tariffs for costs of various work activities, and CEA will charge the City its costs in accordance with approved tariffs. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: ATTORNEY REVIEW: Yes X No FISCAL NOTE: The funding for this work will come from reserves in the Electric Enterprise Fund retained earnings account. Funds will come from the Electric Departments Major Repair and Replacement Fund 502- 0000 - 3071 -0501 and the Transmission Line Fund 208 -208X -5390. Approved by Finance Department: ,4'.It ' RECOMMENDATION: Seward City Council approve Resolution 2010 -076, authorizing the City Manager to enter into a sole source contract with Chugach Electric Association to repair the electric transmission line for an amount not -to- exceed $500,000 and appropriating funds of up to $1,500,000 for all repairs and operating backup generators. , 7 • • Tht5 Wa yr s I a dcw>i � � L J nee wof k scsst Status of Enterprise Fund Cash Balance and Expected Balances Current and Budgeted Cash In Electric Fund: C':ish Balance in Electric Enterprise Fund at 6/21110 (excludes (upiral projects): $ (214,220) 2010 Budgeted use of cash (due to $58OK generator prgj costs; $5O0K ROW clearing) $ 596, 80) 2011 budgeted use of cash (due to $505K generator proj costs: $500K ROW clearing) $ (286,704 Current cash in Electric Fund and related Capital Project Funds: Electric Enterprise Fund S (214220) Electric Major Repair & Replacement Fund 910,362 Use of funds for pole relocation for N. Forest Acres Levee project Additional funds (29,360) reyuircxt- Fw'- c�u:r�cncy repairs to transmission line (219,360) Estimated remaining balance in MRRF after Hine repair & pole relocations: 307,009 Electric Transmission Line Fund (entire amount needed for emergency line repairs) 630,640 Electric Generator Project Fund (remaining UNIT contract is $25,334) 95,602 S 1,422,384 2009 Summary of reduction In cash Beginning cash I/1 /09: 3,103,126 Ending cusp 12/3 I/09: 1,334,884 Reduction in cash during 2009 1,768,242 this reduces cash $1.5 million more than expected (see (a) below) (a) The shortfall is due to the following: Revenues under budget (146,018) (b) Expenses over budget (837,586) (c) Interest income under budget (100,000) (d) Interest expense over budget (30,000) Equipment (100,535) (c) (1,214,139) (b) Revenues were lower in all categories except industrial (c) 80OK power purchase costs; 8200K reduced work orders (d) Recession impact on interest rates and reduced investable cash (e) Smart ash burner $4K; $8K GE mull Hine relay; $43K thumper, mini - louder 529K; $14K portable generator; $4K asphalt cutter equip.) AGREEMENT FOR REPAIR OF STRUCTURES AND CONDUCTORS OF THE 115KV TRANSMISSION LINE BETWEEN DAVES CREEK SUBSTATION AND SEWARD. THIS AGREEMENT is made and entered into effective this 2010 by and between the City of Seward and (Seward) and Chugach Electric Association, Inc. (Chugach) RECITALS: 1. The City of Seward owns a single circuit overhead 115kV transmission line connecting the Seward electric system to Chugach's transmission system at the Daves Creek substation. 2. Avalanche or tree damage to several structures and the line conductors makes it necessary to replace /repair specific damaged structure and conductors along the line. 3. Repair /replacement work will require the line to be de- energized. Outages are to be kept as short as possible to reduce the use of diesel generated energy in the Seward area. THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Chugach will undertake the repair /replacement work, further described in Section 4, for an amount not to exceed $500,000 . 2. Rights Granted. Seward grants Chugach and its contractor(s) the right of all access as necessary to perform the work particularly described in the remainder of this Agreement. 3. Term of Agreement. This Agreement shall become effective as above provided upon execution by all parties individually, and shall continue in effect until repairs are completed or the agreement is modified as provided in Section 5, below. Rev. 7/28/2010 AGREEMENT FOR REPAIR/REPLACEMENT OF STRUCTURES IN SEWARD'S 115KV TRANSMISSIION LINE Page 1 of 5 r 4. Description of Facilities, Services, Terms and Conditions. 3.1. Repairs /replacement are required for the following features of the transmission line : 3.1.1. Transmission structures TN 67, T229 and T265 shall be replaced as originally designed. 3.1.2. Transmission conductors -336 KCM "Linnet" shall be replaced or repaired between structures T222 and T223 3.1.3. Clearing of access and ROW required to perform the work covered by this Agreement. 3.2. Cost : 3.2.1. Costs will be documented by Chugach in accordance with accepted accounting practices and be 100% reimbursed by Seward. Chugach's direct labor will be invoiced at cost plus burden. Material, contractor and incidental costs will be invoiced at actual cost. Incidental costs include purchases deemed necessary while on site, such as per diem expenses and unforeseen hardware and material needs. 3.2.2. Material costs consist of costs for wood poles, insulators, conductor, guy wires and anchors and miscellaneous hardware, Construction costs include access and ROW clearing, removal of damaged pieces and installation of structures, insulators and conductors. 3.2.3. Seward shall pay labor, material and construction costs within thirty (30) days of invoice from Chugach. Chugach will invoice monthly. 3.3. Permits, Easements and Documentation: 3.3.1. All record drawings and documents will be made available to Chugach but maintained by Seward. Electronic copies of as-built drawings of the existing facilities will be transmitted to Chugach no later than 10 days after execution of this agreement. Chugach will update the drawings as required for the construction and transmit as built drawings to Seward for incorporation into the record set within 45 days of completion of the repair /replacement work. Rev. 7/28/2010 AGREEMENT FOR REPAIR/REPLACEMENT OF STRUCTURES IN SEWARD'S 115KV TRANSMISSIION LINE Page 2 of 5 It 'i 3.3.2. Seward will obtain and forward documentation for permits and easements required for access to and work to be performed in the ROW for the transmission line to Chugach within 10 days of execution of this agreement. Seward will also notify landowners and agencies, when the construction is scheduled. 3.4. Construction 3.4.1. Chugach will perform the work described above with its own crews and/or solicit bids from its contractors who are pre qualified under its Outside Electrical Line Construction Contract (OELCC) for the construction. 3.4.2. Schedule: Chugach will complete construction documents within 3 weeks of the effective date of this agreement and estimates to begin construction within 4 weeks of document completion. Construction is estimated to take 3 to 4 weeks. This schedule does assume work to be completed prior to October 15, 2010 and is based on availability of all necessary permits, materials and rights of way for access to the work no later than noted in Section 4.3.2. 3.4.3. Delays: The parties will strive to perform the tasks or duties under their respective control in the time frames noted. Unforeseen events or circumstances may extend the work beyond the anticipated time frame. Such changes will be documented in accordance with Section 5. 4. Changes and Termination. 4.1. Changes to the scope of work: 4.1.1. Chugach will notify Seward in writing within 3 working days of changes encountered and/or deemed necessary to the work as described. The notification will include a description of the change as well as a preliminary estimate of costs and time to implement it. 4.1.2. Seward will accept or reject the proposed change within 2 working days. 4.1.3. Acceptance of a change by Seward shall automatically amend this agreement. 4.2. Termination: This Agreement may be terminated on terms and conditions agreed to in writing signed by the Parties individually, in accordance with section 8, below. 5. Standards of Construction, Chugach agrees to perform the work in accordance with "Prudent Utility Practice "; applicable standards of the electric industry, in particular, the National Electric Code and National Electric Safety Code; and local, state and federal law. Rev. 7/28/2010 AGREEMENT FOR REPAIR/REPLACEMENT OF STRUCTURES IN SEWARD'S 115KV TRANSMISSIION LINE Page 3 of 5 1 !: 6. Prudent Utility Practice. "Prudent Utility Practice," as defined herein, shall mean those standards commonly recognized by the utility industry at the time of any event requiring an interpretation of this paragraph, which standards, by this reference, are incorporated in this Agreement. This shall include, but is not limited to, the exercise of reasonable judgment in light of facts known at such time and which could have been expected to accomplish the desired results, at the lowest reasonable cost, consistent with sound business practices, system reliability, safety to employees and the public, and expedition. "Prudent Utility Practice" shall not mean the optimum practice, method, or act but rather only those acts which are consistent and reasonable under the circumstances. "Prudent Utility Practice" shall, however, include due regard to manufacturers' warranties and the requirements imposed by statute, regulation, ordinance or otherwise by law or regulation. 7. Modification. No modification of this Agreement shall be valid unless it is in writing and signed by the Parties individually (and, if required, approved by any regulatory body having jurisdiction). 8. Uncontrollable Forces. No Party shall be considered to be in default in respect to any obligation imposed by this Agreement if said Party is prevented from performing such obligation by reason of uncontrollable forces, which term shall be deemed for the purposes of this Agreement to mean any cause beyond the control of the Party affected, including, but not limited to, failure of facilities, flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance, sabotage, strike, labor unrest, and restraint by court or public authority, which by the exercise of due diligence and foresight such Party could not reasonably have been expected to avoid. Any Party rendered unable to fulfill any obligation by reason of uncontrollable forces shall exercise due diligence to remove such inability with all reasonable dispatch. 9. Liability. Each Party shall be liable to the other for the reasonable costs of physical repair of the other's facilities damaged by each Party's use of its own facilities or conduct of its operations, provided that no Party shall be liable to another for any interruption or interference with the other's service or operation of its facilities, or for any punitive, special, incidental, indirect or consequential damages to the other arising in any manner. 10. Indemnity. Except as otherwise provided in Paragraph 9, above, each Party shall indemnify, save harmless and defend the other, its officers, agents and employees from any and all liability, including without limitation all costs, damages, attorney's fees, and expenses, for all actions and/or claims by any third parties, including without limitation claims for contribution or indemnification, resulting from deaths, injuries, loss or damages arising directly or indirectly as a result of any error, omission, act or failure to act on the part of the party and/or any person utilized by the party in the use of its facilities or conduct of its operations. A Party's obligation to indemnify the other shall not apply to the extent that Rev. 7/28/2010 AGREEMENT FOR REPAIR/REPLACEMENT OF STRUCTURES IN SEWARD'S 115KV TRANSMISSIION LINE Page 4 of 5 y . Ti (.1 R liability hereunder results from the negligence or misconduct of the other Party's own agents or employees. 12. Dispute Resolution. All claims, disputes and other matters in dispute between the Parties arising out of or relating to this Agreement or the breach thereof shall be resolved through good faith negotiations. If a dispute cannot be resolved in this manner, either party may seek judicial enforcement of this Agreement in the Superior Court of Alaska in Anchorage. The laws of the State of Alaska shall govern the construction and interpretation of the terms of this Agreement 13, Waiver. The failure to enforce any right or obligation contained in this Agreement shall not be construed as a waiver of the right to enforce such right or obligation at any future time. 14. Costs and Attorney's Fees. The prevailing party in any litigation which arises out of this Agreement shall be entitled to collect, in addition to any damages proven at trial, its actual reasonable costs and attorneys' fees incurred in the prosecution of such suit. CITY OF SEWARD By: Phillip Oates, City Manager ATTEST: Jean Lewis, CMC, City Clerk CHUGACH ELECTRIC ASSOCIATION, INC B •1►_ . • ' u 2.0t0 ° "1'ecutive �. r, Chuga- lec 'c Association, Inc. „iiiii Rev. 7/28/2010 AGREEMENT FOR REPAIR/REPLACEMENT OF STRUCTURES IN SEWARD'S 1 I5KV TRANSMISSIION LINE Page 5 of 5 li 3 City of Seward, Alaska City Council Minutes July 12, 2010 Volume 38, Page CALL TO ORDER The July 12, 2010 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Willard E. Dunham. OPENING CEREMONY Police Chief Tom Clemons led the pledge of allegiance to the flag. ROLL CALL There were present: Willard E. Dunham presiding and Jean Bard. Linda Amberg Vanta S r Bob Valdatta comprising a quorum of the Council; and ° Phillip Oates, City Manager Jean Lewis, City Clerk Johanna Dollerhide, Deputy 4,y C ABSENT — Tom Smith, Marianna Keil CITIZENS' COMMENTS ,p , 0„,, EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEART None APPROVAL OF ACS I A r CONSENT AGENDA Motion (Bard ' /Sha y Approval of Agenda and Consent Agenda lAtte c Motion' ` sed Unanimous The: = = = : swing was ad? £ to the agenda: Presenta f : ',at Ray Williams Park Sign by Mayor Dunham (Under Special Orders, Presentatio d Reports). The clerk read the following approved consent agenda items: The June 28, 2010 Regular City Council Meeting Minutes Were Approved. Resolution 2010 -060, Accepting A Grant From The Alaska Energy Authority In The Amount Of $115,800 And Authorizing The City Manager To Proceed With The Procurement Of Supplies And Equipment And Appropriate Funds. R I 4.4 City of Seward, Alaska City Council Minutes July 12, 2010 Volume 38, Page Resolution 2010 -061 Authorizing The City Manager To Sign An Extension Of A Special Services Contract Between The City Of Seward And The Department Of Public Safety Providing Dispatch And Clerical Services To Public Safety Employees In The Seward Area For $48,500.00. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards A Memoriam was read for former Councilmember and Vice Nr. ichael Meehan. A Proclamation was read welcoming AML/JIA. Certificate of Appreciation was given to the Sew#d Rotary Club. A plaque was presented to Jolund Luther for +' servi ,. the Historic Preservation Commission. His wife, Monica Luther, accep 4 Xdbehalf. A Presentation and unveiling of the Pat Ray Willia rk Sign was given by Mayor Dunham.< Borough Assembly Report. Assemb , e ' Sue McClure stated the Assembly had met twice since the last time she reported to cou the June 22, 2010 meeting, they spent much time discussing the Grant Lake • Project Vesponse to the outcry of Moose Pass and Cooper Landing residents who were 41 project ; cClure stated she was interested in hearing from Seward residents on the p t ° pct as w . Dispos. f property in Hope was currently a big topic. At the August 3, 2010 mee g was at would provide for a vote on the October 5, 2010 ballot for a manageriafo ,# government and again McClure sought input from Seward constituents. Also was eci on whether to put on ballot a bond issue that would re -allow reroofing of ten schools .. Sew. ementary as one of them. It would be little to no cost to the tax payer. Mcgtir going topic was the potential restructuring of Central Peninsula Hospita ity Manager ' eport. City Manager Phillip Oates stated there had been no purchases approv -tween 1,000- 50,000 since the last council meeting. Th T onal Oceanic and Atmospheric Administration and the Exxon Valdez Oil Spill Trustee Council were seeking public comment on the Draft Supplemental Environmental impact Statement (DSEIS) outlining environmental impacts of the Council's proposal to narrow the scope of their work to five clearly - defined restoration categories. Improvements to the North East Fish Cleaning station had been completed. Both North and South launch ramps had received temporary repairs. Over 1,400 gallons of used anti - freeze had been collected so far in 2010 from the harbor's recycling stations. City Administration was moving forward with several large projects that were funded as a result of obtaining funds through the cruise ship head tax including: the Security (Z) float, relocating the USCG building, and installing mooring dolphins at the Seward Marine Center. City of Seward, Alaska City Council Minutes July 12, 2010 Volume 38, Page The USACE had contracted with West construction for the breakwater extension project. West had been blasting quarry rock for the project, and rock placement was scheduled to begin in early September. Community Development provided logistical support to the Rasmuson Foundation while they were in Seward last week for their 55 Anniversary. Foundation members also toured the Museum and the Jesse Lee Home to learn about these local projects. The Foundation held a reception for the community and made a sizable contribution to the Serd Community Foundation. The leaders of the Foundation also encouraged the City to apply ; a Library /Museum grant. The Planning and Zoning Commission continued their work revis le 15. In Public Works, the North Seward Water Storage Tank° £ Project Ph g � i was nearly completed, and s t a f f was working with the engineer to secure i;e site f o r phase 1 ; d seeking engineering recommendations for the failing pressure station. ! e department was finalizing project worksheets for the December Tidal Surge disaster, and er g. 'ditin_ the Alaska SeaLife Centers' waterfront repair due to 4 of July risk management con s. Sta a : as also finalizing payment for Metco's services for bike path repair. Oates noted adt . w . mitigation work would not be reimbursed by the Department of Homeland Security. The . s of Engineers agreed to fund the Lowell Creek fence repair and expand the scope to incl t sh removal and additional reinforcement of the fence. A letter was dra i - G : - . dditiona ir ding and FEMA authorization for the Lowell Point bridge repair. There m. e a - ""�'"+dditional funding for optimal bridge repair. The grant for the Coast Guard relocati. ': as . arde I ' my 1, 2010. Survey and geotechnical work was complete; the Electric department , . • rder was issued, and water, sewer and storm water design would be contracte • aff woul t quest council endorsement of priorities for road and sidewalk earmarks. The - tewater »'.artment was working with Prosser -Dagg on the Storm Water Project on 2"d m °ve ant` -built th .' " lorination system at the SMIC well house. The Library's 0141 41 en' Department was pleased to report that the children's summer reading program "Make a Splas . r Library" had 103 members at present. The library also had a reading raffle going on v ftr i teenag ` • ers. The Police Department had compiled their Fourth of July statistics an• pl -d to t ±. that crime activity inside Seward City limits was considerably K lower this ,;year. y Mayoral Rep o . Mayor Willard E. Dunham gave a brief report for the past month. He attende "• `\ Rasmuson Foundation Board dinner. He traveled to Nome to meet with the Rotary, the Travel B" ande City Council there. Dunham commented they were very interested in the Wada Progr w e s it progressed. There had been several Wada meetings and briefings. He also traveled to Kenai to meet with Senator Begich. Dunham said the Coast Guard Icebreaker Healy would be in town and wanted to welcome them. Other Reports, Announcements and Presentations A presentation was given by Alaska Railroad on their "Portwatch" neighborhood watch program for the harbor and port area by Dan Ferg. n t City of Seward, Alaska City Council Minutes July 12, 2010 Volume 38, Page NEW BUSINESS Resolution 2010 -058, Endorsing The South Harbor Uplands Tryck Nyman Hayes Conceptual Development Plan Option Two As Attached. Motion (Bardarson /Shafer) Approve Resolution 2010 -058 Oates explained the background of the plan before the council. This _ • s the land that established the southern land mass of the harbor. The Planning and Zoning ommission and the Port and Commerce Advisory Board disagreed on the zoning recommend. o or this parcel. The resolution before the council tonight would only endorse the Tryck : * 4; es Conceptual Development Plan, Option Two. The Planning and Zoning Comrrsion sup • d the current zoning of Harbor Commercial and Park. Port and Commerce Adv e o ry Board wishef • change the zoning to all Harbor Commercial. Shafer agreed with the pier, the memorial and the, she bunt all the parking proposed. She didn't want to dedicate more land to parking and a 't the best use of the property. Oates stated it was a conceptual plan and an official plan Old later be approved by council for specific structure types. Bardarson didn't want to see as mu tl • ar . = ' � rstood the concept of moving the harbormaster building out there, but it was # e erci' l property might be more useful in generating revenue. Oates said until they go _ tional servitude, they wouldn't be putting the building out there anyway. Any struc - approval would have to go before council prior. What they envisioned would • 1 s ic gs that It Id be moved. Bardarson liked the picnic ea. ; Motion to Amend (Sham s rdarson) Add section 3, "all parking and proposed uses of this property shall be brought before the council," and the original section 3 will become section 4. aldatta thou•ii ouncil wasn't giving much consideration to the slip holders by decreasing the parkin. Du )ought the navigational servitude of this was a major issue. This plan needed to be set, he felt. The last thing they needed to do was lay out 130 parking spaces on what could be the last developable property in the harbor. He just didn't want to approve this and the "concept design" became the official design. Amendment Passed Unanimous Motion to Amend (Bardarson /Amberg) Amend by adding "and all parking" under the exclusions of section 2. 47 City of Seward, Alaska City Council Minutes July 12, 2010 Volume 38, Page Amendment Passed Unanimous Discussion ensued regarding navigational servitude. Many stated they liked the zoning how it was currently zoned, Harbor Commercial and Park. Main Motion Passed As Amended Unanimous Resolution 2010 -059, Authorizing The City Manager To Direct Staff T i velop A Plan To Transfer The Seward Museum Operation And Maintenance To The Ci eward From The Resurrection Bay Historical Society And Present The Plan To Coun i . o + E ideration And Approval In October 2010. Motion (Bardarson /Shafer) Approve Resolution 2010 -059 Oates stated this was to direct him to create a pl . transf e maintenance and operation from the Resurrection Bay Historical Society to the City ;' d. He recommended approval. In response to Amberg, the museum was open 7 days a the summer, and in the winter on weekends and special occasions and by a r , w -- . Amber. ought it was a great operation; her concern was adding another city emplo t to the salary proposed. Could it be a different level of pay? Oates stated it depen+ . + o at t e wanted the position to do and what they could afford. Patty Linville stated t + " equest 'i ®evelop a plan only and had put these positions in kkt there. This would ask the pi o direc :' aff to de ° f op this plan. The costs before them were just an estimate. :. Bardarson aske • 48,000 was included in the figures given to them at the recent work session in June. ville ` . p- is was included in the plan so far. Dunham wanted to know if council ha k.. aa. E ® .,the eum and observed what was in the facility and to talk with Lee Poleske d encourag . hem to do so as they went through this process. He thought a museum curator as a crucial p M lle noted there was an admission charge for the museum. In 2009, the revenues were approxim $2 000. Motion Passe • Unanimous OTHER NEW BUSINESS Council scheduled another work session on Title 7 questions for August 9, 2010 at 5:00 p.m. Council scheduled a work session to discuss proposed refuse tariff increase for July 22, 2010 at 6:00 p.m. " � 4,1 City of Seward, Alaska City Council Minutes July 12, 2010 Volume 38, Page By unanimous consent, council approved and authorized the signing of a draft letter to Mayor Carey addressing the outcomes to achieve from the October 8, 2010 Summit meeting in Seward re: navigability and flood control issues. Oates stated these goals were drafted by himself and Christy Terry. INFORMATIONAL ITEMS AND REPORTS (No action required) CITIZENS' COMMENTS - None COUNCILS' COMMENTS da ° a . Too Shafer asked the land use policies works session be on the +ikt agenda to sch • s and that it was a good Fourth of July. Amberg was glad the 4 of July went well µ Bardarson thanked the chamber, the citizens and a`, olunteers for making the 4 so successful. Dunham complimented on Amberg' a' ese ' > de as the color guard (as a member of the American Legion Riders). He thanke+ !e Lj • n an• e dozens and dozens of volunteers who helped with the weekend. He thanked th- '- "' d the Sutherlands for their donation of a room for the Obihiro representative. : noted'a +assing of Luke Reid, a long time Seward resident and WWII veteran and outst , 'zen. L. o , he brought up the idea of a town meeting for Seward and an overall ass- .° ent. Shafer though i as as o o s idea to get a general weigh -in on the community and the recent economic development ` ent. COUNCI i =11 INI ° TION RESPONSE TO CITIZENS' COMMENTS • also sail taff was working with the results and comments of the economic de LL a ent assessmOi ` He concurred a fall meeting would be a good idea. ADJOU r: The meeting was adjourned at 9:12 p.m. Jean Lewis, CMC Willard E. Dunham City Clerk Mayor (City Seal) City of Seward, Alaska City Council Minutes July 26, 2010 Volume 38, Page CALL TO ORDER The July 26, 2010 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Willard E. Dunham. OPENING CEREMONY Police Lieutenant Louis Tiner led the pledge of allegiance to the flag. ROLL CALL There were present: Willard E. Dunham presiding and Jean Bardarson Linda Amberg Vanta Shafer Tom Smith Bob Valdatta comprising a quorum of the Council; and Phillip Oates, City Manager Jean Lewis, City Clerk ABSENT — Marianna Keil CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Jim Herbert, spoke of welcoming the adults and students visiting from Obihiro Japan and invited the public to join the feast in their honor at the opening ceremony at the IMS /Rae building tomorrow evening. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Bardarson/Amberg) Approval of Agenda and Consent Agenda The following was added to the agenda: A discussion of condemnation procedures Memoriam for Chris Eastman Appoint Keith Campbell as liaison coordinator for the WADA September run. Motion Passed Unanimous The clerk read the following approved consent agenda items: �-n :j +1 City of Seward, Alaska City Council Minutes July 26, 2010 Volume 38, Page Resolution 2010 -065, Accepting A Grant From The State Of Alaska Department Of Corrections Grant Program In The Amount Of $9,785.24 For The Purpose Of Repairing Modular Seating And Bunk Beds In The Seward Community Jail And Appropriating Funds. Resolution 2010 -066, Accepting A Grant For $2,000 From Holland America Line Inc. Community Advisory Board For The Purchase Of A Kit Greenhouse For The Summer Greenhouse Program At The Teen Youth Center. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards A memoriam was read for U. S. Marine Gunnery Sergeant Chris Eastman who was killed on duty in Afghanistan July 18, 2010, and council paused for a moment of silence in his honor. The Officer's and Crew of the U.S. Coast Guard Cutter Healy were welcomed on their patrol break during July 21— 27, 2010. Certificates of Appreciation were given in anticipation of their retirement to Mary Toll, KPB Platting Officer and Jane Gabler, KPB Floodplain Administrator. A proclamation celebrating 20 years was given to American's with Disabilities Act (ADA). A welcome proclamation and introduction of the 2010 Japanese Exchange Students and Adults from Obihiro, Japan. Three girl students were Yuki Okuyama, 16; Fumi Mitamura, 17; and Chihiro Muramatsu, 16; and three adults, Hiroyoshi Nishijima, High school teacher and Tsugio Komazawa, a Junior high teacher who is visiting for the second time with the Adult Citizen Exchange program. International Coordinator Josh Neta also visited as chaperone upon his new position with Obihiro. City Manager's Report, City Manager Phillip Oates stated two purchase orders had been issued to Metco totaling $49,962.59 for tidal surge repairs and hazard mitigation. As a retired military member he also wished to pay tribute to the service of U.S. Marine Corps Gunnery Sergeant Christopher L. Eastman. He wanted it known Mr. Eastman had one of the toughest jobs in the military and his prayers were with the family. Oates noted the Economic Development Assessment recommendations would be coming to the Council in the near future and a town meeting would be tentatively scheduled for September or October with possibly Christi Bell facilitating. Oates stated the Boys & Girls Club of the Kenai Peninsula presented a request for $25,000 in funding from the City. The Administration would prefer using the national model of support primarily based upon corporate sponsorship and fund- raising, rather than government funding. If directed to do so, he would bring forth a resolution appropriating the entire or partial amount. v City of Seward, Alaska City Council Minutes July 26, 2010 Volume 38, Page Harbor: The ADEC- Division of Water (storm -water permitting) completed an inspection of the Seward Marine Industrial Center in early June. They were complimentary of City Staff, recordkeeping, and policies set in place by City Council. He stated 16 vessels at the Seward Marine Industrial Center with unpaid upland storage fees would be impounded and the city had intended to sell those vessels. Oates stated rock placement for the East Harbor Breakwater Extension was scheduled for the first week of September. The US Army Corps of Engineers and the Seward Harbor would be working to get the word out through USCG notice to mariners, newsletters to slip - holders, and radio advertising. Community Development: Thanks to a generous grant provided by the Ocean Alaska Science and Learning Center and cooperation with the Resurrection Bay Conservation Alliance, National Parks Foundation, Seward's Public Works Department, the Alaska Department of Transportation, Boy Scouts, Girl Scouts, Alaska SeaLife Center, AmeriCorps volunteers, and Kenai Fjords National Park, storm drains would be stenciled with the image of a salmon and the phrase "Dump No Waste, Drains to Resurrection Bay" to keep products from being dumped into the environment. Oates noted two additional stops were added at the request of local merchants and riders along the existing Seward Shuttle Route. He hoped to also add a wireless hotspot in the cruise ship terminal with City and cruise ship head tax money. Public Works: The city was notified that FEMA had no funding available for the Lowell Creek Bridge repair project, and the city would continue to look for funding. The Coast Guard relocation project was moving forward including waterline design and storm water relocation with consideration of the Z float project. A contract with M.L. Foster is being drafted for this scope of work and the Public Works Department would be managing the extension and design of the security (Z) float. Mayoral Report, Mayor Willard Dunham stated representatives for the Pratt Museum came to visit. He met with the Friends of Jesse Lee Home, and the Corps of Engineers on the Lowell Creek tunnel. He attended an RDC meeting on renewable energy. Dunham spoke of other upcoming meetings and conferences that he would be attending in the near future. Other Reports, Announcements and Presentations A Presentation Was Given By AML /JIA Kevin Smith. A Presentation Was Given By Jill Simpson Of Seaview Community Center, Re: Seward Prevention Coalition, And Alaska Children's Trust Grant. Council recessed at 8:35 p.m. Council resumed at 8:45 p.m. PUBLIC HEARING Resolution 2010 -062, Authorizing The City Manager To Enter Into An Amendment To The h City of Seward, Alaska City Council Minutes July 26, 2010 Volume 38, Page Lease Agreement 94 -093 With DCS Tower Sub, LLC, As Successor In Interest To McCaw Cellular Communications, Inc For Lot 1, Block 8, Fourth Of July Subdivision, Seward Marine Industrial Center, For The Purpose Of Extending The Term Of The Lease To June 30, 2015. Motion (Bardarson /Shafer) Approve Resolution 2010 -062 Oates stated this would be the third and final lease extension allowed with possible options extended to June 2030. The amendment included an annual rent increase and recognized the assignment of Dobson Cellular to its affiliate, DCS Tower Sub, LLC. This lease was consistent with plans and strengthened the Seward Marine Industrial Center (SMIC) area for marine activities. Notice of the public hearing being posted and published as required bylaw was noted and the public hearing was opened. No one appeared to address the Council and the public hearing was closed. Motion Passed Unanimous Resolution 2010 -063, Amending The Garbage Tariff. Motion (Bardarson /Shafer) Approve Resolution 2010 -063 Oates could not extend the franchise agreement further. It had been ten years and it had to go to the voters in October. Administration wanted to let the people know there was a rate increase before the people voted. A work session was held last week on this issue. This contract would increase customer rates 25 %, reduce revenues by $47,880 based on the contractor assuming responsibility for customer billing, and impose a 3% franchise fee for the use and maintenance of roads and alleyways. The company had huge overhead with the rising cost of fuel and other matters, and had not had a tariff increase since 2004. Refuse rates had been increased in 2002 and 2004. Recycling initiatives would be investigated with equipment upkeep and increases proposed for the future. This would give a one -year agreement for council to decide whether to put out an RFP with this rate increase. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared to address the Council and the public hearing was closed. Amendment (Amberg/Shafer) Change both Section 1 and 2 dates from October 1, 2010 to January 1, 2011 Amendment Passed 4 -2 Yes: Shafer, Bardarson, Smith, Amberg No: Valdatta, Dunham Main Motion Passed Yes: Shafer, Smith, Amberg, Bardarson, Dunham No: Valdatta J .� City of Seward, Alaska City Council Minutes July 26, 2010 Volume 38, Page NEW BUSINESS Resolution 2010 -064 Approving A Franchise For The Collection And Disposal Of Garbage And Refuse With Alaska Pacific Environmental Services Anchorage, LLC dba Alaska Waste, Subject To Approval By The Voters Of Seward At The October 5, 2010 Regular City Elections. Motion (Bardarson /Shafer) Approve Resolution 2010 -064 Mayor Dunham passed the gavel to the Vice -Mayor and disclosed a possible conflict since his son worked for this company. He declared there was no financial gain from this. With no objections by Council, Vice -Mayor Bardarson ruled a conflict did not exist. Oates stated that a franchise needed to go to the voters for approval and this proposed contract was for a period of one -year, to provide time for the City and Alaska Waste to address additional issues. Finance Director Kristin Erchinger spoke about an to extend and that the vote would be mainly for a one -year extension. If voters didn't approve, then an RFP would go out to identify another franchise and a special election would be held within the next year. Smith and Amberg wanted an RFP within the next year. They thought it was a healthy thing to put an RFP out every few years. Valdatta thought there were not enough companies to spend the extra time and money formulating an RFP for refuse. Motion Passed Unanimous Resolution 2010 -067 To Approve In Principle And Adopt With Revisions The Seward/Bear Creek Flood Service Area Flood Hazard Mitigation Plan. Motion (Bardarson /Shafer) Approve Resolution 2010 -067 Community Development Director Christy Terry said this was the revision to adopt specific changes to the plan for floodplain management and to insure accuracy in areas that were established watersheds within the city limits. She thought the borough hired an excellent hydrologist and commended the efforts of the Seward Bear Creek Flood Service Area Board for the quality of this Flood Hazard Mitigation Plan. She went through the changes that were made. Motion Passed Unanimous Resolution 2010 -068 Supporting The Road And Sidewalk Priority Lists That Are To Be Funded Using The Statewide Transportation Improvement Program And Federal Earmark Monies Administered Through ADOT &PF. City of Seward, Alaska City Council Minutes July 26, 2010 Volume 38, Page Motion (Bardarson /Shafer) Approve Resolution 2010 -068 Oates stated $2 million dollars was earmarked for road improvement projects. $2.7 million was earmarked for road drainage projects and required a $300,000 match. Public priorities were solicited and modified. He said the city must provide a scope of work by September 2010, to secu the funds and a priority list must be adopted and submitted to the Department of Transportation. Valdatta wanted to put pipe in- ground under sidewalks for eventual connection to heat. He thought if the pipe was put in now, it would be there for future use and would give people the opportunity to heat their portions of sidewalks if they desired. Dunham also wanted this looked into. Motion Passed Unanimous Resolution 2010 -069, Authorizing The City Manager To Enter Into Amendment Number Two With Rise Alaska, LLC (Rise) For Professional Project Management Services Through 65% Design For The New Co- Located Library Museum Facility, Appropriating Additional Funding Not -To- Exceed Forty Nine Thousand Five Hundred Dollars, ($49,500) And Accepting Grant Funds Totaling $4.7 Million From The State Of Alaska. Motion (Bardarson /Shafer) Approve Resolution 2010 -069 Oates acknowledged that the state had appropriated $4.7 million to build the Library/Museum facility. This appropriated $49,500 and continued the contract with Rise Alaska for project management services through the 65% design phase, and accepted the grant funds to build the new library /museum facility. Motion Passed Unanimous Resolution 2010 -070, Supporting The Seward Community Library Museum Project, Authorizing The City Manager To Submit A Tier 2 Full Proposal To Rasmuson Foundation Requesting Not More Than $1.5m, And Acknowledging The Intent To Bond In An Amount Not To Exceed $2.5m For The Construction Of The Seward Community Library Museum. Motion (Shafer/Bardarson) Approve Resolution 2010 -070 Oates reminded that the city and the Seward Community Library/Museum Building Committee were working to raise funds to build the new facility. Milestones in the project progress included city purchase of the site, 35% design completion, the hiring of project management, the voter approval for passage of General Obligation (GO) bonds, and the state appropriating $4.7 million dollars for construction. Oates stated the city would request no more than $1.5 million dollars from Ras.muson, and had until August 16, 2010 to submit the proposal. The total estimated cost of the project was still City of Seward, Alaska City Council Minutes July 26, 2010 Volume 38, Page $10.3 million dollars. The increased costs to the general fund to repay bonds and added maintenance costs were estimated at $477,000 annually. To cover these increased costs with a sales tax would require an additional 0.53% annually. To cover this amount with property tax would require an additional 1.59 mills. Oates said Administration needed to seek a secure revenue source to obtain capital financing for the project and stressed the voters had approved supporting GO bonds up to $5 million dollars. Because of voter approval, and the issue to have a secure funding source to repay any bonds, Oates stated whatever funding source was decided to repay any bonds could not come back as a referendum. Valdatta thought it would have to be a sales tax instead of property tax because it was not fair to have only a handful of owners paying for what everyone used Amberg reminded that the public had said an emphatic "no" to additional sales tax used to pay for the new facility. Bardarson stated she had an overwhelming group of citizen phone calls that were worried whether the city could afford the $2.5 million dollar bond. She was more comfortable with $1.5 million and urged council to look at the big community need picture. She did not think the community could pay annually for a $2.5 million bond. She thought the city should commit to $1.5 and go up from there. Bardarson was afraid once you put the $2.5 million dollar commitment out there, the city could not go lower, even with. the "intent language." Much discussion ensued about whether to drop the dollar amount and how to fund the rest of the facility. The Rules Were Suspended By Unanimous Consent To Ask Questions Of Seward Library Museum Building Committee Members. Judy Andrianoff spoke on behalf of the Library /Museum Building Committee and said the $1.2 million that was raised was not only from the city, but clarified it came from grant opportunities, significant gifts, donations and in -kind services from places like the Foraker Group. The city contribution so far had been the land purchase and a capital campaign plan. Andrianoff directed that the community had overwhelmingly supported bonding up to $5 million in the 2009 municipal election for the Library /Museum and expressed the city council had agreed to the $2.5 million dollar limit at a prior work session. She thought it was important to show Rasmuson what the city's commitment was and felt $2.5 million was the minimum. Madelyn Walker said the intent language, up to $2.5 million, was needed to communicate the city's commitment to complete the project. Motion Passed Yes: Bardarson, Valdatta, Smith, Shafer, Dunham No: Amberg n �t`q City of Seward, Alaska City Council Minutes July 26, 2010 Volume 38, Page OTHER NEW BUSINESS The Mayor /Council planned travel budget for 2010 was discussed. The work session on land policies and procedures was re- scheduled for Thursday, August 5, 2010 at 7:00 p.m. Keith Campbell was appointed as the liaison /coordinator for the September events associated with the Jujiro Wada Memorial Association. INFORMATIONAL ITEMS AND REPORTS (No action required) City Of Seward May Financial Report. Providence Seward Financial Report for May. Copy of Mayor Letter to Obihiro Mayor. Copy of 3 Mayor Letters to Yeosu City Korea. Seward Harbor Write -Off for F/V Taku. CITIZENS' COMMENTS Colleen Kelly, thanked the council for the vote on the library museum. She hoped the theme "Something For Us" was a wish that would actually happen. COUNCILS' COMMENTS None COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS - None ADJOURNMENT The meeting was adjourned at 10:28 p.m. Jean Lewis, CMC Willard E. Dunham City Clerk Mayor (City Seal) J City of Seward, Alaska City Council Minutes July 27, 2010 Volume 38, Page CALL TO ORDER The July 27, 2010 special meeting of the Seward City Council was called to order at 5:15 p.m. by Mayor Willard E. Dunham. OPENING CEREMONY City Manager Phillip Oates led the pledge of allegiance to the flag. ROLL CALL There were present: Bob Valdatta Willard E. Dunham presiding and Jean Bardarson Linda Amberg Vanta Shafer comprising a quorum of the Council; and Phillip Oates, City Manager Kristin Erchinger, Finance Director Jean Lewis, City Clerk ABSENT — Marianna Keil, Tom Smith CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING - None APPROVAL OF AGENDA Motion (Bardarson/Shafer) Approval of Agenda Motion Passed Unanimous NEW BUSINESS Resolution 2010-071, Approving A Contract With West Construction Company, Inc. Utilizing A Federal Procurement Process Bid, For Production Of Rock For The North Forest Acres Levee/Road Construction, And Appropriating Funds. Motion (Bardarson/Amberg) Approve Resolution 2010 -071 Oates noted this contract would save the city money and wouldn't have to mobilize and demobilize. West construction had done a very professional job in the rock quarry. He stated the city would lose federal grant funding for the North Forest Acres Levee Road unless the city City of Seward, Alaska City Council Minutes July 27, 2010 Volume 38, Page demonstrated significant progress on construction of the project by September 30. This project had been delayed during the process of the City acquiring control of all the properties for the project. West construction was in the quarry wrapping up the harbor breakwater project and preparing to demobilize, so offered the same or lower price on their competitive bid project and would begin the work immediately. This would procure a contract to produce class II rock by required specifications, for the North Forest Acres Levee Road Project. Oates thought this saved the project over $75,000 in estimation of paying a construction contractor to do the same, not to mention saving the federal grant funding of $1.7 million dollars. This project should be completed in a few days. He recommended approval. Erchinger had conversations with the National Resource Conservation Service (NRCS), the federal agency with the grant, where the representatives said this would significantly help towards retaining the $1.7 million dollar grant money. Motion Passed Unanimous CITIZENS' COMMENTS - None COUNCILS' COMMENTS - None COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS - None ADJOURNMENT The meeting was adjourned at 5:25 p.m. Jean Lewis, CMC Willard E. Dunham City Clerk Mayor (City Seal) City of Seward, Alaska City Council Minutes August 2, 2010 Volume 38, Page CALL TO ORDER The August 2, 2010 special meeting of the Seward City Council was called to order at 5:15 p.m. by Mayor Willard E. Dunham. OPENING CEREMONY City Manager Phillip Oates led the pledge of allegiance to the flag. ROLL CALL There were present: Willard E. Dunham presiding and Jean Bardarson Linda Amberg Vanta Shafer Tom Smith Marianna Keil comprising a quorum of the Council; and Phillip Oates, City Manager Jean Lewis, City Clerk W.C. Casey, Public Works Director ABSENT — Bob Valdatta CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING - None APPROVAL OF AGENDA Motion (Bardarson /Amberg) Approval of the Agenda Motion Passed Unanimous Council member Smith appeared at 5:18 pm NEW BUSINESS Resolution 2010 -072, Authorizing The City Manager To Enter Into An Amendment To The Quarry Agreement With West Construction Company To Allow Payment In Kind Of Class III And Class II Riprap. Motion (Bardarson/Keil) Approve Resolution 2010 -072 �� i 1 City of Seward, Alaska City Council Minutes August 2, 2010 Volume 38, Page Oates stated this was done on our own initiative because the city really needed a good stockpile of rock. Both parties agreed that the payment of $97,000 West owed the City would be paid by producing an equivalent value of Class III and Class II rock. Oates announced rock was more valuable when it was produced than when it was in the ground, and the reason for the special meeting was because West Construction would demobilize before the next regular meeting. Motion Passed Unanimous COUNCIL COMMENTS Oates mentioned he had convinced DOT to take responsibility on the bill they said the City owed them for a contaminated water issue associated with the 3` Avenue water main. With the rock produced, and using rock from Japp Creek at 50 cents a cubic yard, he hoped to have all the rock needed for the Forest Acres road project. Oates would try and negotiate an agreement with the railroad for the culvert to go under the road and also hoped to do more sidewalk work. Oates also heard from the Coastal Villages that Seward or the Kuskokwim would house a significant fishing fleet. State Lobbyist Kent Dawson would accompany this group to answer any questions. Dunham reminded council of the meetings coming up within the next two weeks. CITIZENS' COMMENTS — None COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS - None ADJOURNMENT The meeting was adjourned at 5:27 p.m. Jean Lewis, CMC Willard E. Dunham City Clerk Mayor (City Seal) 6 JUL-20-2010 11:20 M SILING.INC 9072247649 P.01 -rams MMEMMINIENNOI RECE ED CITY OF SEWARD, ALASKA (3 APPLICATION FOR THE FOR THE PORT & COMMERCE ADVISORY BOARD NAME • ;'9 !testi:A A-t, Tee. STREET ADDRESS MAILING ADDRESS 6W4. ' A 19 CI 6 • 7 -- HOME TELEPHONE: , __BUSINESS PHONE: g... FAX • LENGTH OF RESIDENCY IN THE SEWARD AREA I 6 y 01A. PRESENLY EMPLOYED AS List any special training, education or background you have which may help you as a member of the Board.tifik &61-1 44 42g L.. 1 /6 14 02Lir _IA) 6.1s t e_AfFtit /• y-t1;(e‘ Have you ever been involved in port operations? If so. briefly describe your involvement: ....(eiksieke6 'AY ihketfte. A45 1 am specifically interested in serving on the Port and Commerce Advisory Board because: (5., ft- vt:rok ILE .4,)./tgt65 _frtJ Vtitt ( C ) 66'* 60 to ft kdeac, 644:40)1-4 - 3)6v 61.-op ktrtfr: Have you ever served on a similar board elsewhere'?(F4or .No If so, where? A And when? Are you available for meetings at noon (second Wednesday of each monthri If appointed, are you willing to travel occasionally , _ .... :'.kk:..4. _ ATURE [)ATE CITY OF SEWARD, ALASKA APPLICATION FOR THE FOR THE PORT & COMMERCE ADVISORY BOARD RECEIVED JUL 3 0 2010 NAME: h V SS "lai OFFICE OF THE STREET ADDRESS: 3 3 3F5 NasG. gdQ - CLERK MAILING ADDRESS: 3 3 5 A/4-5' p.oi • HOME TELEPHONE: � '' Y 747° 7 BUSINESS PHONE: ��{ ( 1 4 6 0 FAX NUMBER: LENGTH OF RESIDENCY IN THE SEWARD AREA: yea VS PRESENLY EMPLOYED AS: Sate-eVw (OJ Keo 414 e-ev1I Coh Sv//u ti ,- List any special training education or background you have which may help you as a member of the Board. -r- kav2 Dee-4/N uvcrvlGt -,. m v.. -Pv1ox w-b So Lxica► S -I-0 f o vT Y4 �� j SSoeS ✓ �/,s ) v SI 1 S l�v, t o .1-0 ho �P.Wi S Io ✓-e / W v �n e=o u / Have you ever been involved i port operatio s? If so, briefly describe our involvem nt: o f d r I.c . / t r f L r elr k, 6� - /ss��e � � h /901#7 het s wra�.e I am specifically interested in serving on the Port and Commerce Advisory Board beca se: T Nye_ wst K `uu /fe eft 01 ( s ' 7 L `4-'1 -4,u/ v � • �J o Q/evr l ei t t4 ' v ti,) Cou�f . / Have you ever served on a similar board elsewhere? I or No If so, where? 5(24 O0. And when? 1\11). w Are you available for meetings at noon (second Wednesday of each month) ?_ ye If appointed, are you willing to travel occasionally? ye S .l Gu V wvll4v S A d vi bets ed S , DAT ee5 u irVe GkoA0 - B 4 ty 6et4eV Liq'c ot,.‘ A( j14.!? c. ----18614,, a .4 bIL'e S.e A! l ra h 4, ssu €S (% (r c CQu yr l ) S%QV C xec d -i c,;e Cm of t rri; tree yS /eryAClub - 9 .0- C(c'LQ S s ecENED 2 201 Ak1 C� TAE CITY OF SEWARD, ALASKA Off ICE APPLICATION FOR THE cm( CLERK i ' THE PORT & COMMERCE ADVISORY BOARD NAME: DAN! I f: 11/ &A. STREET ADDRESS: 31 2,40 Ai& S&INf42p 4 K. o MAILING ADDRESS: P. ( ?)°X 1 LO HOME TELEPHONE: 119 1 - S O7-(o BUSINESS PHONE: 12 — 13O5 FAX NUMBER: LENGTH OF RESIDENCY IN THE SEWARD AREA: 3 lzs -E- PRESENLY EMPLOYED AS: /I R 6 C . 1 2 S (r t j 49-D Il i a i NE CC IV TEA List any special training, education or background you have which may help you as a member of the Board. :2&T) Zeo CQ ()I ■+4 += nv.■ u,S . ti gas ` G u .4 �_ . Pe,o.( A4,47.,2 =O Gc ast vc.,p3 al= Z4 ` tw 5t 10)1.00 b Cc iNMtiag-Z� +N SCW42ta Have you ever been involved in port operations? If so, briefly describe your involvement: V65, PE \ +C-o or-- SC( v,2t l aL■14 S , c-x •4 s A G,2c -tJ L70 0t Al Ste sc- 2viex-0 Si q 40Ai6 0 J2•,, Cv z� r-i c Dt 2 C c,►vR P L s S L1nl4e_i 21 ntc- c4.: jZTr2. I am specifically interested in serving on the Port and Commerce Advisory Board because: 1 Aim , N erE'aZ (NI l)f& (oonklu c LA Isr . O N a -c .allo 1 i.l r tT, t op te�z Pt & r 6 t -uu4Gt Have you ever served on a similar board elsewhere a or No P4c l If so, where? W 400 And when? CU i2e -►.T $ Are you available for meetings at noon (second Wednesday of each month)? '1 S If appointed, are you willing to travel occasionally? Y �rD 7 viv SIGNATURE DATE 64 4 ° SF w q City of Seward City of Seward, Alaska 1963 1965 2005 P.O. Box 167 hitA ' Seward, Alaska 99664 -0167 �, All-America City qcASKP Main Office (907) 224 -4050 Facsimile (907) 224 -4038 July 29. 2010 CO Qutekcak Native Tribe Judith Christiansen, Tribal Council Vice President 221 Third Avenue P.O. Box 1467 Seward, Alaska 99664 Re: Jujior Wada Torch Lantern 5 K Run and 100 Anniversary Commemoration of Iditarod Trailblazers Dear Ms. Christianson; The City of Seward is proud to be working closely with the Alaska Jujiro Wada Memorial Association on the Torch Lantern 5 K Run and 100 Anniversary Commemoration of Iditarod Trailblazers. This unique event commemorates Jujiro Wada and other trailblazing Alaskans. Organizations spearheading this event include the cooperative Japan and Alaska Jujiro Wada Memorial Associations, the UAF Cooperative Expansion Service and the State Historic Preservation Office. Events are being planned for Labor Day, September 6, 2010. The Qutekcak Tribe's participation in the festivities will help complete the rich cultural picture that is Alaska. We would like you to join us in planning and celebrating this event. If you would like to participate, please respond to: City Clerk Jean Lewis at 224 -4045 or email her at clerk @cityofseward.net at your earliest convenience. She will then give you contact information to Keith Campbell, who is the events' liaison/coordinator. Attached is a draft schedule and outline of the occasion. We hope you can join us. Sincerely, illard E. 1 unham Mayor of Seward, Alaska y of self, City of Seward City of Seward, Alaska u 6' 4 t -4 1963 1965 2005 P.O. Box 167 hitd Seward , Alaska 99664 -0167 4 LASKP All-America City Main Office (907) 224 -4050 ' Facsimile (907) 224 -4038 CI COPY .11y 2 9. 2010 . Qutekcak Native Tribe Scott Allen, Tribal Administrator 221 Third Avenue P.O. Box 1467 Seward, Alaska 99664 Re: Jujior Wada Torch Lantern 5 K Run and 100 Anniversary Commemoration of Iditarod Trailblazers Dear Mr. Allen; The City of Seward is proud to be working closely with the Alaska Jujiro Wada Memorial Association on the Torch Lantern 5 K Run and 100 Anniversary Commemoration of Iditarod Trailblazers. This unique event commemorates Jujiro Wada and other trailblazing Alaskans. Organizations spearheading this event include the cooperative Japan and Alaska Jujiro Wada Memorial Associations, the UAF Cooperative Expansion Service and the State Historic Preservation Office. Events are being planned for Labor Day, September 6, 2010. The Qutekcak Tribe's participation in the festivities will help complete the rich cultural picture that is Alaska. We would like you to join us in planning and celebrating this event. If you would like to participate, please respond to: City Clerk Jean Lewis at 224 -4045 or email her at clerk@cityofseward.net at your earliest convenience. She will then give you contact information to Keith Campbell, who is the events' liaison/coordinator. Attached is a draft schedule and outline of the occasion. We hope you can join us. Sincerely, A io Willard E. Du am Mayor of Seward, Alaska �sf� 4 0F St City of Seward City of Seward, Alaska 1963 1965 2005 ;;n7-•11 P.O. Box 167 Seward, Alaska 99664 -0167 4 �A p ' All-America City Main Office (907) 224 -4050 July 21, 2010 Facsimile (907) 224 -4038 The Honorable Mark 13egich United States Senate 825C Hart Building Washington, D.C. 20510 Re: Technical Correction Language Dear Senator Begich: The United States Army Corps of Engineers built the Lowell Canyon Flood Diversion System in 1940 to divert Lowell Creek from its natural path through the City of Seward to prevent flooding in the community. A significant blockage caused by the collapse or obstruction of the tunnel, the intake structure, or outlet structure would create a floodway that would threaten many residents and the Seward Hospital. Section 5032 of the Water Resources Development Act of 2007, Public Law 110- 114, required the Secretary of the Army to evaluate an alternative method of flood diversion in the Lowell Canyon area of Seward and transferred the "long term" maintenance responsibility back to the Army Corps of Engineers for a period of fifteen years. However, a number of issues relating to the language of Section 5032 have arisen as a result of discussions between the City of Seward and the Army Corps. Section 5032 mentions only the tunnel portion of the overall project, but the flood diversion system is actually comprised of a tunnel, a diversion dam, intake and outlet structures, and a stilling basin. The Corps needs the flexibility to maintain and repair the entire system, not just the tunnel. The City is proposing that the term "tunnel" be stricken from Section 5032 and replaced with "flood diversion system." Since the Army Corps has responsibility for the Lowell Canyon Tunnel for only fifteen years it is important that the technical correction occur as expeditiously as possible. The City of Seward is recommending that the following bill language be included in the Fiscal Year 2011 Energy & Water Appropriation Act: Amend Section 5032 of the Water Resources Development Act of 2007, Public Law 110 -114, as follows— ]. Strike "tunnel" everywhere it appears (including the title) and insert in lieu therefore "flood diversion system ". 2. Strike "long - term" everywhere it appears. 3. Add the following sentence to subsection (b) — "The feasibility of such alternative method of flood diversion shall focus on the reduction of risk to the community of Seward, rather than a cost - benefit analysis. The Federal cost share for this study shall be the same as the Federal cost share for the original project ". Here is additional background information on the technical corrections. Section 5032 refers to the "long- term" maintenance and repair of the tunnel. The Corps interprets the phrase "long -term" to mean activities which have a long lead time. A good example of a long -terns activity is repairing or reinforcing the internal tunnel lining. There are a host of other activities, including the removal of debris from the tunnel or the stilling basin, which are considered short-term maintenance and repair activities but which are nonetheless vital to protecting the integrity of the flood diversion system. The City is proposing that "long -term" be deleted from Section 5032. Section 5032(b) directs the Secretary of the Army to conduct a study to determine whether an alternative method of flood diversion in Lowell Canyon is feasible. The Corps currently conducts a benefit -cost analysis in determining the feasibility of the project, and seeks to quantify the net national economic benefit of any proposed initiative. An economic analysis is not a suitable methodology in this circumstance. An alternative method of flood diversion is not intended to create new economic benefits for the community of Seward. A search for an alternative is, instead, designed to reduce the risk of a catastrophic flood should the existing flood diversion system fail. The City is proposing that Section 5032 be amended to require that the feasibility study be focused on risk reduction rather than economic gain. This proposed change would not impact the Federal cost share requirements. On behalf of all residents of the City of Seward I thank you for your service to Alaska and the Nation. We appreciate your consideration of our request. Sincerel , Willard E. D unham, Mayor City of Seward 2 GI 4 'o City of Seward City of Seward, Alaska 1963 1965 2005 P.O. Box 167 b Seward, Alaska 99664 -0167 q �q 1� All-America City Main Office (907) 224 -4050 lilt T July 21, 2010 Facsimile (907) 224 403 The Honorable Don Young U.S. House of Representatives Washington, D.C. 20515 Re: Technical Correction Language Dear Congressman Young: The United States Army Corps of Engineers built the Lowell Canyon Flood Diversion System in 1940 to divert Lowell Creek from its natural path through the City of Seward to prevent flooding in the community. A significant blockage caused by the collapse or obstruction of the tunnel, the intake structure, or outlet structure would create a floodway that would threaten many residents and the Seward Hospital. Section 5032 of the Water Resources Development Act of 2007, Public Law 110- 114, required the Secretary of the Army to evaluate an alternative method of flood diversion in the Lowell Canyon area of Seward and transferred the "long term" maintenance responsibility back to the Army Corps of Engineers for a period of fifteen years. However, a number of issues relating to the language of Section 5032 have arisen as a result of discussions between the City of Seward and the Army Corps. Section 5032 mentions only the tunnel portion of the overall project, but the flood diversion system is actually comprised of a tunnel, a diversion dam, intake and outlet structures, and a stilling basin. The Corps needs the flexibility to maintain and repair the entire system, not just the tunnel. The City is proposing that the term "tunnel" be stricken from Section 5032 and replaced with "flood diversion system." Since the Army Corps has responsibility for the Lowell Canyon Tunnel for only fifteen years it is important that the technical correction occur as expeditiously as possible. The City of Seward is recommending that the following bill language be included in the Fiscal Year 2011 Energy & Water Appropriation Act: Amend Section 5032 of the Water Resources Development Act of 2007, Public Law 1 10 -1 14. as follows-- - 1. Strike "tunnel'' everywhere it appears (including the title) and insert in lieu therefore "flood diversion system ". 2. Strike ``long -term" everywhere it appears. 3. Add the following sentence to subsection (b) — "The feasibility of such alternative method of flood diversion shall focus on the reduction of risk to the community of Seward, rather than a cost - benefit analysis. The Federal 1 cost share for this study shall be the same as the Federal cost share for the original project ". Here is additional background information on the technical corrections. Section 5032 refers to the "long -term" maintenance and repair of the tunnel. The Corps interprets the phrase "long- term" to mean activities which have a long lead time. A good example of a long -term activity is repairing or reinforcing the internal tunnel lining. There are a host of other activities, including the removal of debris from the tunnel or the stilling basin, which are considered short -term maintenance and repair activities but which are nonetheless vital to protecting the integrity of the flood diversion system. The City is proposing that "long -term" be deleted from Section 5032. Section 5032(b) directs the Secretary of the Army to conduct a study to determine whether an alternative method of flood diversion in Lowell Canyon is feasible. The Corps currently conducts a benefit -cost analysis in determining the feasibility of the project, and seeks to quantify the net national economic benefit of any proposed initiative. An economic analysis is not a suitable methodology in this circumstance. An alternative method of flood diversion is not intended to create new economic benefits for the community of Seward. A search for an alternative is, instead, designed to reduce the risk of a catastrophic flood should the existing flood diversion system fail. The City is proposing that Section 5032 be amended to require that the feasibility study be focused on risk reduction rather than economic gain. This proposed change would not impact the Federal cost share requirements. On behalf of all residents of the City of Seward I thank you for your service to Alaska and the Nation. We appreciate your consideration of our request. Sincerely, - `W il and E. D unham, Mayor City of Seward 2 o+h j ii dl 4 sew City of Seward City of Seward, Alaska 9 '?� 1963 1965 2005 P.O. Box 167 baited Seward, Alaska 99664 -0167 1 41 — sr- 1 " All-America City Main Office (907) 224 -4050 t Facsimile (907) 224 -4038 July 21, 2010 The Honorable Lisa Murkowslci: United States Senate 709 Hart Building Washington, D.C. 20510 -0202 Re: Technical Correction Language Dear Senator Murkowski: The United States Army Corps of Engineers built the Lowell Canyon Flood Diversion System in 1940 to divert Lowell Creek from its natural path through the City of Seward to prevent flooding in the community. A significant blockage caused by the collapse or obstruction of the tunnel, the intake structure, or outlet structure would create a floodway that would threaten many residents and the Seward Hospital. Section 5032 of the Water Resources Development Act of 2007, Public Law 110- 114, required the Secretary of the Army to evaluate an alternative method of flood diversion in the Lowell Canyon area of Seward and transferred the "long term" maintenance responsibility back to the Army Corps of Engineers for a period of fifteen years. However, a number of issues relating to the language of Section 5032 have arisen as a result of discussions between the City of Seward and the Army Corps. Section 5032 mentions only the tunnel portion of the overall project, but the flood diversion system is actually comprised of a tunnel, a diversion dam, intake and outlet structures, and a stilling basin. The Corps needs the flexibility to maintain and repair the entire system, not just the tunnel. The City is proposing that the term "tunnel" be stricken from Section 5032 and replaced with "flood diversion system." Since the Army Corps has responsibility for the Lowell Canyon Tunnel for only fifteen years it is important that the technical correction occur as expeditiously as possible. The City of Seward is recommending that the following bill language be included in the Fiscal Year 2011 Energy & Water Appropriation Act: Amend Section 5032 of the Water Resources Development Act of 2007, Public Law 1 10 -1 14, as follows- 1. 1. Strike "tunnel" everywhere it appears (including the title) and insert in lieu therefore "flood diversion system ". 2. Strike "long,- term" everywhere it appears. 3. Add the following sentence to subsection (b) — "The feasibility of such alternative method of flood diversion shall focus on the reduction of risk to the community of Seward, rather than a cost - benefit analysis. The Federal cost share for this study shall be the same as the Federal cost share for the original project ". Here is additional background information on the technical corrections. Section 5032 refers to the "long- term" maintenance and repair of the tunnel. The Corps interprets the phrase "long - terns" to mean activities which have a long lead time. A good example of a long -term activity is repairing or reinforcing the internal tunnel lining. There are a host of other activities, including the removal of debris from the tunnel or the stilling basin, which are considered short -term maintenance and repair activities but which are nonetheless vital to protecting the integrity of the flood diversion system. The City is proposing that "long -term" be deleted from Section 5032. Section 5032(b) directs the Secretary of the Army to conduct a study to determine whether an alternative method of flood diversion in Lowell Canyon is feasible. The Corps currently conducts a benefit -cost analysis in determining the feasibility of the project, and seeks to quantify the net national economic benefit of any proposed initiative. An economic analysis is not a suitable methodology in this circumstance. An alternative method of flood diversion is not intended to create new economic benefits for the community of Seward. A search for an alternative is, instead, designed to reduce the risk of a catastrophic flood should the existing flood diversion system fail. The City is proposing that Section 5032 be amended to require that the feasibility study be focused on risk reduction rather than economic gain. This proposed change would not impact the Federal cost share requirements. On behalf of al I residents of the City of Seward I thank you for your service to Alaska and the Nation. We appreciate your consideration of our request. Sincerel 2 Willard E. Dunham, Mayor City of Seward 2 i J 4 A u g u r 201, August 2010 Sepkemtrer 2010 S M T W T F S sM Tw T F S 1.2 3 4 5 6 7 1 2 3 4 8 9:10111213..14 5 6 7 8 9 10 11 15'.16 17 18 19 20 21 12 13 14 15 16 17 18 22 23:24 25 26 27 28 19 20 21 22 23 24 25 29 30 "31 26 27 28 29 30 Monday Tuesday ' Wednesda�+ Friday :Thursday 5pr1t CC Special 71,3Qpt11,P&Z Meeting .�� .. . Meeting `���Q =ACC WS (Land Policies & Lease Procedures) t / ':' �i� .�- ��' �- � z � • t4Q; , CC Spec!. Meeting 1�4a 5;..2.0p CC WS (Title 7) SOi0-City Council Meeting . x:6.3 f ptti P&Z Work Session .4Qtj PACAB Work � ,., ,.,Social Security ry e, Session Rep x',Historic Preservation Meeting :(XIOKCity Council � ' Primary Election Meeting J Nanci Richey 1 8/4/2010 2:19 PM • September 2010 September 2010 October 201.0 S M T W T " F S S M T V V T F S 1 2 3 4 1 2 5 6 7 8 91011 3 4 5 6 7 8 9 12 13 14.15. 17 18 10 11 12 13 14 15 16 19 20 21 22 23 24 25 17 18 19 20 21 22 23 26 27 28 29 30 24 25 26 27 28 29 30 Monday Ttesda Wednesday Thursday Friday Sept$rnber" 1, ' 2 3 6 7" 8 9 10 7 :30pm P&Z Meeting 11 :30arn 13 14 15 16 17 0pm City Council 12:00pn1 PACAB Work 9:OOam Social Security Meeting Session Rep 6 :3Opm Historic Preservation Meeting .. 20 " 21 22 23 24 % 00pm Meet the 6 :30pm P&Z Work Session 7 :00prn:Meet the ( Candidates Night ; Candidates Night �--~ 27 28 "" 29 3O .. T t 7 :OOpm ,City Council Meeting I � Nanci Richey 1 8/4/2010 2:51 PM ''t t