HomeMy WebLinkAboutRes2020-013 FAILED FAILED Sponsored by: Meszaros
CITY OF SEWARD,ALASKA
RESOLUTION 2020-013
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, SUPPORTING SEWARD AIRPORT ALTERNATIVE 2.2 AND
NOTIFYING THE STATE OF ALASKA DEPARTMENT OF
TRANSPORTATION (ADOT) AND THE FEDERAL AVIATION
ADMINISTRATION (FAA) TO MOVE AHEAD WITH CONSTRUCTION
WHEREAS, the State of Alaska Department of Transportation (ADOT) owns and
operates the Seward Airport located in Seward, Alaska; and
WHEREAS, various flooding events and human intervention to manage events in the
Resurrection River have caused the river to change course over time, and the river is now
directed towards the existing long runway and has undermined it, causing the runway to be
inoperable at its full capacity; and
WHEREAS, ADOT and FAA have been in the process of addressing this issue through a
large-scale project and have completed the Environmental Assessment (EA) and determined to
move forward with Project Alternative 2.2; and
WHEREAS, one of the ADOT's primary responsibilities is the stewardship of
transportation infrastructure for the citizens and State of Alaska. As such, their intention is to
move forward with the Seward Airport Improvement project using FAA funding to shift, raise,
reconstruct, and extend the crosswind runway from its current 2,289 foot long configuration to a
3,300 foot long runway that would meet the needs of existing aircraft operations and also allow
fixed wing medivac operations to serve the community. In addition, the state will remove the
4,249 foot long runway; however, they will leave the structural section and armor rock in place
in an effort to mitigate future flood damage to the improved airport features and adjacent
property owners. Moving ahead with this project allows for an ultimate runway extension to
4,000 feet at some point in the future, if alternate funding becomes available or when aircraft
operations justify the use of FAA funds; and
WHEREAS, over the past several months, ADOT has worked with the FAA in
evaluating public comments and testimony regarding the project, some of which clearly express
a desire to reconstruct the main runway at its existing length and location. Unfortunately, the
existing aircraft operations do not meet FAA criteria that would allow ADOT to reconstruct the
main runway, and numerous issues exist with impacts to the environmental. Thus, improving the
main runway as requested is not possible with FAA funds given federal funding constraints; and
WHEREAS,the existing main runway at the Seward Airport has degraded over time due
to re-occurring flood events and has been subject to weight restrictions for many years now. The
crosswind runway is not long enough to accommodate fixed wing medivac operations when the
CITY OF SEWARD,ALASKA
RESOLUTION 2020-013
main runway is closed due to flooding, leaving the community with limited medivac options
(helicopter). ADOT has a responsibility to provide a facility that is resilient to future flood
events and is able to accommodate existing aircraft operations; and
WHEREAS, the FAA, based upon the EA results and FAA policy, states Project
Alternative 2.2 is the alternative that has the least environmental impact. Project Alternative 1.1
issues which did not exist for Project Alternative 2.2 were: it does not have optimal wind
coverage; Project Alternative 1.1 has more obstructions, land acquisition requirements, and
environmental concerns; it needs resolution for current river flooding concerns in addition to
reconstructing and raising the airport several feet above flood plain; and, the requirement for an
Environmental Impact Statement (EIS) which entails more detailed environmental analysis than
the completed EA; and
WHEREAS, ADOT and FAA have completed the Environmental Assessment (EA) and
determined to move forward with Project Alternative 2.2 which ADOT PF and FAA intend to
sign the Finding of No Significant Impact (FONSI) the first week of February which completes
the National Environmental Policy Act (NEPA) process for this federally-funded project; and
WHEREAS, Project Alternative 2.2 is in the current year funding program (which
expires in October, 2020) and it is undetermined that another funding opportunity will be
available if the project is delayed; and
WHEREAS, Project Alternative 2.2 does not require any funding from the City of
Seward; and
WHEREAS, ADOT is requesting a response from the City of Seward acknowledging
that the proposed Project Alternative 2.2, while it is not supported by all members of the
community, provides critical improvements necessary to meet the aviation needs of Seward.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD,ALASKA that:
Section 1. The Seward City Council has weighed the existing challenges and costs and
recognizes that Project Alternative 2.2 will bring the Seward Airport up to Federal Aviation
Administration (FAA) codes and regulations, and enhance the State's airport above and beyond
the current condition.
Section 2. The Seward City Council hereby supports Project Alternative 2.2, and requests
the Alaska Department of Transportation (ADOT) and the FAA complete Project Alternative 2.2
as currently funded and approved by ADOT and FAA.
Section 3. This resolution shall take effect immediately upon adoption.
CITY OF SEWARD,ALASKA
RESOLUTION 2020-013
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this
10"' day of February, 2020.
THE CITY OF SEWARD,ALASKA
FAILED
Christy Terry, Mayor
AYES: None
NOES: Butts, Baclaan, Crites, McClure, Osenga, Terry
ABSENT: Seese
ABSTAIN: None
ATTEST:
FAILED
Brenda J. Ballou, MMC
City Clerk
(City Seal)
Agenda Statement
Meeting Date: February 10, 2020
To: City Council
From: City Manager, Scott W. Meszaros
Agenda Item: City Direction regarding the DOT &PF Seward Airport Project
BACKGROUND &JUSTIFICATION:
The State of Alaska Department of Transportation (DOT) owns and operates the Seward Airport
located in Seward, Alaska. Through various flooding events and human intervention to manage
flooding in the Resurrection River, the river has changed course and is now redirected towards
the existing long runway at the Seward Airport. Due to this redirection, the long runway has been
undermined and has caused the runway to be inoperable at its full capacity.
The Alaska DOT and FAA have been in the process of addressing this issue through a large-
scale project and have completed the Environmental Assessment (EA) and determined the course
of action they wish to pursue is to move forward with Project Alternative number 2.2
The proposed Resolution following this Statement Paper, as well as the e-mail from John R.
Binder 111, Deputy Commissioner Alaska Department of Transportation, details the information
provided on the condition and process surrounding the EA and related approval issues.
INTENT: It is the intent of Administration to have Council provide direction on the Airport.
The proposed options are to either endorse the currently funded and approved alternative 2.2, or
to provide direction to the City Clerk to immediately conduct an election to determine if the
community is willing or wanting to finance the additional airport extension project. If both of
these options are not desirable, then to provide direction regarding ballot language appropriate
for the Clerk to conduct an election of the people on the matter.
CONSISTENCY CHECKLIST: Yes No N/A
Comprehensive Plan:
2.2.9 Public Safety
2.2.11 Economic Base
1. 2.2.12 Transportation Facilities X
2.2.12.5 Air Traffic
3.1 Economic Development
3.4 Transportation
Strategic Plan:
Page 3 Economic Base
Page 4 Transportation Facilities
2. X
Page 5 Attract new industry
Page 11 Plan and prepare for natural disasters
Page 16 Improve State Airport
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3. Other (list): X
FISCAL NOTE: Accepting the currently funded, planned 2.2 Runway Project, the City of
Seward has no financial contribution or requirement in the project.
Should the City determine that the voters should determine a question regarding the proposed
3300 foot runway being inadequate, or unacceptable, and that a 4000 foot runway should be
constructed, prior estimates from 2015 put the additional 700 feet of runway at $8.1M plus the
Maintenance and Operational expenses of said extension in perpetuity which would be required
by Alaska DOT. Administration in consideration of the financial impacts of this addition to the
proposed 2.2 project, and the documented issues outlined in the EA, recommends that the course
of action be to accept Alternative 2.2 to allow the process to proceed and capture currently
allocated project funding (approximately $23M).
Should the Council determine that neither of the suggested options are acceptable, the Financial
Impact and timing (as a full EIS may be warranted), as well as legal issues regarding ownership
of the State Property, are far beyond the scope and resources to provide a fiscal note estimate and
would require additional research simply to provide such a cost estimate.
Additionally, the Deputy Commissioner, John R. Binder III, A.A.E has included a draft sample
of a runway extension agreement commonly utilized by DOT for the Council to see what such an
agreement may look like.
Approved by Finance Department:
ATTORNEY REVIEW: Yes X No
RECOMMENDATION:
Council approve Resolution 2020-013, authorizing the Mayor to sign a support letter for the
DOT/FAA funded Seward Airport Project Alternative 2.2 and forward with this Resolution;
(or)
Council approve Resolution 2020-014, authorizing the City Clerk to initiate a Special Election to
be conducted as reasonably quickly as possible with ballot language crafted to determine
whether or not the City of Seward voters desire to approve funding and related long term
expenses to support the additional Airport extension length to 4000 fee.
(or)
Some other ballot question as put forth by Council TBD relating to ownership and/or airport
issues.
34
Scott Meszaros
From: Binder,John R (DOT) <john.binder@alaska.gov>
Sent: Monday, February 03, 2020 5:51 PM
To: Scott Meszaros
Cc: Junge,Wolfgang E (DOT); Bowland, Luke S (DOT)
Subject: Seward Runway Rehap/Reconstruct
Attachments: DRAFT MOA Runway Ext Example.doc
Externaa Eta<ii.This email originated from outside of the organization. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Mr. Meszaros,
One of the Department of Transportation and Public Facilities (DOT&PF) primary responsibilities is the stewardship of
transportation infrastructure for the citizens of the State of Alaska.As such, our intention is to move forward with the
Seward Airport Improvement project using FAA funding to shift, raise, reconstruct, and extend the crosswind runway
from its current 2,289 foot long configuration to a 3,300 foot long runway that would meet the needs of existing aircraft
operations and also allow fixed wing medivac operations to serve the community. In addition, DOT&PF will close the
4,249 foot long runway by removing the existing pavement and lighting. However we will leave the structural section
and armor rock in place in an effort to mitigate future flood damage to the improved airport features and adjacent
property owners. Moving forward with this project allows for an ultimate runway extension to 4,000 feet at some point
in the future, if alternate funding becomes available or when aircraft operations justify the use of FAA funds.
Over the past few months we have worked with the FAA in evaluating public comments and testimony received to date
regarding the project, some of which clearly express a desire to reconstruct the main runway at its existing
length. Unfortunately, existing and projected aircraft operations do not justify FAA funding to construct either runway
to the length of the existing main runway. Environmental impacts associated with reconstruction of the main runway
exceed environmental impacts associated with improvements to the crosswind runway. Evaluation of alternatives and
associated environmental impacts is a constraint of federal funding. Additionally,the crosswind runway has superior
wind coverage compared to the main runway. Finally,the crosswind runway has increased separation from the
Resurrection River and has a more favorable alignment relative to future flood impacts. Thus, improving the main
runway as requested is not possible with FAA funds given 1)the federal funding constraints, 2) it would result in lower
wind coverage, and 3) it would be less resilience to future flooding.
The existing main runway at the Seward Airport has degraded over time due to re-occurring flood events and has been
subject to weight restrictions for many years now. The crosswind runway is not long enough to accommodate fixed
wing medivac operations when the main runway is closed due to flooding, leaving the community with limited medivac
options(helicopter). DOT&PF has a responsibility to provide a facility that is resilient to future flood events and is able
to accommodate existing aircraft operations.
We are aware that a committee has been formed and DOT&PF is willing to work with the members involved to
coordinate future improvements at the Seward Airport. DOT&PF has worked with local entities at other airports to
construct improvements using alternate funding. A draft agreement is included as an attachment to this letter which
could be used as a starting point if the City of Seward would like to pursue a runway extension using alternate
funding. Please note that the draft agreement is not a template or a standard agreement, only an example which would
require coordination between the parties involved to finalize. We would be happy to start these discussions if the City
of Seward is interested.
35
1
DOT&PF understands that FAA intends to sign the FONSI the first week of February which completes the NEPA process
for this federally funded project. DOT&PF plans to continue working towards advertising the project in order to take
advantage of the summer 2021 construction season. DOT&PF acknowledges that the proposed project, while it is not
supported by all members of the community, provides critical improvements necessary to meet the aviation needs of
Seward.
Sincerely,
John
John R. Binder lll, A.A.E.
Deputy Commissioner
907-269-0730
Alaska Department of Transportation & Public Facilities
Keep Alaska Moving through Service and Infrastructure
Spam
Phish/Fraud
Not spam
Forget previous vote
36
2
Scott Meszaros
From: Holly Wells <hwells@BHB.com>
Sent: Tuesday, February 04, 2020 8:59 AM
To: Scott Meszaros
Cc: Christy Terry; Brenda Ballou; Peggy Crowe
Subject: Question Regarding Potential Injunction Against the Department of Transportation
Regarding the Seward Airport
External Email:This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
After reviewing Department of Transportation Alternative Option 2.2 for the Seward Airport,the process followed by
DOT in selecting this option,and relevant laws regarding DOT`s management and ownership of the Seward Airport and
preliminary injunctions in general, I cannot find a viable basis for enjoining DOT from exercising its management and
ownership rights on the Seward Airport property. In short,the City does not have an ownership or leasehold interest in
the property and DOT has complied with the notice provisions regarding the airport improvements. That said, DOT has
authority to enter into memoranda of agreements, leases,and other contractual arrangements with municipalities for
up to 55 years for the management and operation of all or portions of airport properly. (See AS 2.15.090(A))
Consequently,the City may want to contact DOT and discuss creative options in which the City would take a more direct
interest in the airport in exchange for more control over the mitigation and construction efforts regarding runway
design. This may require the City to secure funding for or manage, maintain,and/or operate airport property or
infrastructure.
Please let me know if the City would like me to reach out to DOT and explore the City`s options.
Thank you,
Holly Wells
Birch Horton Blttner&Cherot
510 L.St.,Suite 700
Anchorage,AK 99501
907-276-1550
Holly C.Wells
Birch Horton Bittner&Cherot
510 L Street,Suite 700 ( Anchorage AK 99501
Tel 907.263.7247 I Main 907.276.1550
<mailto:>hwells@bhb.com<mailto:hwells@bhb.com> ( www.birchhorton.com<http://www.birchhorton.com>
Bio<https://www.birchhorton.com/our-team/attorneys/holly-c-wells/> I vCard<https://www.birchhorton.com/our-
team/attorneys/holly-c-wel I s/>
37
1
MEMORANDUM OF AGREEMENT
Between
STATE OF ALASKA
DEPARTMENT OF TRANSPORTATION
AND PUBLIC FACILITIES
And the
[Private/Local Entity]
Regarding the
[XXX Airport] Runway Extension Project
The Parties to this Agreement are the State of Alaska acting through its Department of
Transportation and Public Facilities (hereinafter DOT&PF) and the [Private/Local Entity]
(hereinafter collectively referred to as [PIL E]).
WHEREAS, DOT&PF has the authority, to plan, design, and construct airport
improvements in the area, identified as Project Number [XXX], located within the
boundaries of the [XXX] Airport, including but not limited to construction and
maintenance of an airport and related improvements, specifically detailed in Attachment
"A" hereto, (hereinafter the Improvements) and by reference made part of this
agreement, (all hereinafter referred to as the Project); and
WHEREAS, the [PfL E] desires that DOT&PF plan, design, and construct the
Improvements; and
WHEREAS, the [PIL E] has reviewed and concurs in the location and design of the
Improvements; and
WHEREAS, [PIL E] funds will be used in the design and construction of the
Improvements; and
WHEREAS, the Federal Aviation Administration (FAA) holds DOT&PF responsible to
maintain, or cause to be maintained, any airport constructed with Federal aid
transportation funding; and
WHEREAS, the [XXX] Airport is federally obligated and is subject to FAA grant
assurances, including the requirement to meet FAA design criteria in applicable FAA
Advisory Circulars
IT IS THEREFORE AGREED by the parties, in consideration of the mutual promises
contained in this Agreement, as set forth below, regarding the design, construction,
maintenance, and operation of the Improvements.
MEMORANDUM OF AGREEMENT
[XXX]Airport Improvements Project
Page I of 6 Pages
38
1. PROJECT FUNDING
[PIL E] will provide all funding for the planning, design, and construction stages of the
Project, and for maintenance of the Improvements after construction. [PIL E]
acknowledges and agrees that DOT&PF has no alternative funding available, and
cannot perform any work on the Project unless paid for by [PIL E]. Funding for all
stages of the Project must be paid in advance of any work to be completed by
DOT&PF.
2. DOT&PF COSTS
Services provided by DOT&PF shall be charged against the funding provided by [P/L E]
in the same manner and at the same rates as a federally funded DOT&PF airport
project, including an overhead expense charge under the indirect cost allocation plan
(ICAP), and any equipment costs as required. Construction shall be performed by a
contractor selected by DOT&PF under the Alaska Procurement Code, with DOT&PF
providing oversight. Services performed by consultants or construction contractors
shall be charged at the actual cost to DOT&PF plus ICAP. ICAP is calculated as a
percentage of overall project costs, including amounts paid to consultants and
contractors. The ICAP rate shall be the federally approved percentage rate for the time
period in which the services are provided or costs incurred.
3. PLANNING AND DESIGN STAGE
Within 30 days of the execution of this MOA, [PIL E] shall pay to DOT&PF $X, to be
applied to planning and design costs. The parties estimate that this amount shall be
sufficient to cover all planning and design expenses, but [PIL E] acknowledges and
agrees this is an estimate and actual costs could be higher. DOT&PF shall notify [PIL
E] immediately if it determines that funding is inadequate to complete the planning and
design stage, and the parties discuss how best to proceed in light of the shortfall.
4. CONSTRUCTION STAGE
Upon completion of the project design, DOT&PF will provide [PIL E] with an updated
estimate of construction costs, to include DOT&PF construction administration costs
and ICAP. If [PIL E] elects to proceed with the Project, [PIL E] will pay to DOT&PF the
amount of the estimate. DOT&PF will then select a contractor to construct the Project
under the procedures required by the Alaska Procurement Code. DOT&PF shall notify
[PIL E] immediately if it determines that funding is inadequate to complete the
construction stage based on the contractor low bid, and the parties discuss how best to
proceed in light of the shortfall.
MEMORANDUM OF AGREEMENT
[XXX]Airport Improvements Project
Page 2 of B Pages
39
5. MAINTENANCE AND OPERATIONS
After completion of construction, [PIL E] agrees to pay all costs to maintain the
Improvements. Maintenance costs include, but are not limited to: snow and ice control;
to include all plowing, snow hauling, winging, opening of shoulders, ice scraping, snow
drift control, maintaining signs, minor equipment maintenance, general grading, removal
of debris and rubbish, vegetation control, and associated tasks as may be required for
the safe and timely passage of the public. [PIL E]'s share of these expenses shall be
XX% of the total annual airport maintenance costs.
Over time maintenance costs will increase because of inflation, labor and equipment
cost increases, changes in FAA requirements, and other factors outside the control of
DOT&PF. [P/L E]'s share of maintenance costs will be calculated in the same manner
as provided in paragraph 2 of this Agreement.
The maintenance costs under this paragraph were calculated as a ratio of the
anticipated area of the Improvements to the total area of the existing runway, taxiway,
apron, and access road maintained by DOT&PF (collectively the Existing Facilities) plus
the Improvements as follows:
Improvements (XXX sq. ft.) _ = XX%
Existing Facilities (XXX sq. ft.) + Improvements (XXX)
Any future change to the area of either the Existing Facilities or the Improvements will
result in recalculation of [PIL E]'s share of maintenance costs.
6. PAYMENT OF MAINTENANCE COSTS
DOT&PF will bill [PIL E] for its share of all maintenance costs at XXX intervals. All
invoices to [PIL E] shall be payable in 30 days.
7. FUTURE RESURFACING, REHABILITATION, AND RECONSTRUCTION
Airport surface conditions will deteriorate over time. DOT&PF will be required to
resurface, rehabilitate, or reconstruct the runway at a point in the future when airport
surface conditions have deteriorated, and the Improvements are not anticipated to be
eligible for federal-aid funding. [PIL E] agrees to provide funding to DOT&PF for the
planning, design, and construction of all projects to resurface, rehabilitate, or
reconstruct the Improvements. If the work is done at the same time as similar work on
the remainder of the runway, [PIL E]'s share of the costs shall be determined based on
the Contractor low bid for the quantities and items applicable to the Improvements area.
If the work is required only for the Improvements, costs shall be determined in the
same manner as the costs for the original construction of the Improvements.
8. FAILURE TO MAKE PAYMENTS
MEMORANDUM OF AGREEMENT
P=J Airport Improvements Project
Page 3 of 6 Pages
40
Because DOT&PF has no funding available for the planning, design, or construction
stages of the project, [P/L E]'s failure to prepay these cost as required by this
Agreement will result in immediate cessation of all work on the Improvements until
funding is provided.
[P/L E] failure to provide funding for maintenance costs or future resurfacing,
rehabilitation, or reconstruction projects as required by this Agreement shall result in
immediate closure of the Improvements.
9. ASSIGNMENTS
The [P/L E] shall not transfer or assign any of the jPIL E]'s rights or responsibilities
under this Agreement without the prior written consent of DOT&PF.
10. DISCRIMINATION
The [P/L E] agrees that discrimination on the grounds of race, color, religion, national
origin, ancestry, age, marital status, or sex will not be permitted against any patron,
employee, applicant for employment, or other person in any manner prohibited by federal
or State law. The [P/L E] recognizes the right of the DOT&PF to take any action
necessary to enforce this covenant, including any action required pursuant to any tribal,
federal or State law
11. NOTICE
Any notice required by this agreement must be hand delivered or sent by certified mail to
the appropriate party at the address on page one of this agreement or to any other
address that the party subsequently designates in writing.
12. GOVERNING LAW
The laws of the State of Alaska will govern in any dispute between the DOT&PF and
[P/L E]. Any lawsuit must be brought in the courts of the State of Alaska, in Anchorage
within the Third Judicial District.
13. WAIVERS
The failure of the DOT&PF to insist in any instance upon the strict performance by the
[P/L E] of any part of this agreement may not be considered as a waiver or
relinquishment for the future. The waiver by the DOT&PF of any part of this agreement
may not be enforced unless the waiver is in writing and signed on behalf of the DOT&PF.
14. STATE PROCUREMENTS
MEMORANDUM OF AGREEMENT
P=]Airport Improvements Project
Page 4 of 6 Pages
41
[PIL E] acknowledges that DOT&PF will follow the Alaska Procurement Code for
consultant and contractor selection which prohibits sole sourcing design or construction
activities to [PIL E] or entitiestco rpo rations recommended by [PIL E].
15. LOCAL MATERIALS
[PIL E] acknowledges that while local material sources exist, quantity and quality may
not be adequate for construction. DOT&PF is not obligated to use local material
sources to construct the planned Improvements.
16. [PIL E] APPROVAL
By Resolution Number , the [PIL E] has reviewed and approved this
memorandum of agreement, agreed to be bound by its terms and conditions, and has
authorized to sign on its behalf.
17. FUTURE FEDERAL AID
The Improvements constructed under this Agreement are not anticipated to be eligible
for participation under any Federal Aviation Administration (FAA) Airport Improvement
Project. [PIL E] agrees to provide funding to DOT&PF for the planning, design, and
construction of all future projects to resurface, rehabilitate, or reconstruct the
Improvements in accordance with paragraph 7 of this Agreement.
18, THE WHOLE AGREEMENT
This Agreement constitutes the entire agreement between the parties. There are no
other understandings or agreements between the parties, either oral or memorialized in
writing regarding the matters addressed in this Agreement. The parties may not amend
this Agreement unless agreed to in writing with both parties signing through their
authorized representatives.
MEMORANDUM OF AGREEMENT
P=J Airport Improvements Project
Page 5 of 6 Pages
42
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
stated in the acknowledgments below.
[P/L E]:
BY:
(Signature)
(Typed/Printed Name &Title of Signer)
STATE OF ALASKA }
THIRD JUDICIAL DISTRICT } ss.
THIS IS TO CERTIFY that on this day of , 20XX, before me, the
undersigned Notary Public, duly commissioned and sworn as such, personally appeared
, known to me, and tome known, to be the
[P/L E] and s/he acknowledged to me that s/he executed the
foregoing instrument freely and voluntarily on behalf of the [PIL E], for the uses and purposes
therein set forth and that slhe is authorized by said [PIL E] so to do.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year above written.
(Typed name and signature)
My Commission Expires:
STATE OF ALASKA
DEPARTMENT OF TRANSPORTATION
AND PUBLIC FACILITIES
BY:
STATE OF ALASKA )
THIRD JUDICIAL DISTRICT ) ss.
THIS IS TO CERTIFY that on this day of , 20XX, before me, the
undersigned Notary Public, duly commissioned and swom as such, personally appeared
, known to me and to me known to be the
Department of Transportation and Public Facilities, and s/he
acknowledged to me that s/he executed the foregoing instrument freely and voluntarily on behalf
of the State of Alaska, Department of Transportation and Public Facilities, for the uses and
purposes therein set forth and that s/he is authorized by said State of Alaska so to do.
IN WITNESS WHEREOF, i have hereunto set my hand and affixed my official seal, the
day and year first written above.
(Typed name and signature)
My Commission Expires:
MEMORANDUM OF AGREEMENT
P=]Airport Improvements Project
Page 6 of 6 Pages
43