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HomeMy WebLinkAbout03292022 City Council PacketSe -ward ON Council Agenda Packet On March 30, 1867, Secretary of State William H. Seward agreed to purchase Alaska from Russia for $7.2 million. Tuesday, March 29, 2022 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 The City of Seward, Alaska CITY COUNCIL MEETING AGENDA M-AmedcaC I �® Please silence all cell phones darning the meeting Tuesday, March 29, 2022 7:00 p.m. Council Chambers Christy Terry 1. CALL TO ORDER Mayor Term Expires 2022 2. PLEDGE OF ALLEGIANCE Sue McClure 3. ROLL CALL Vice Mayor Term Expires 2023 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING [Those who have John Osenga signed in will be given the first opportunity to speak. Time is limited to 3 minutes Council Member per speaker and 36 minutes total time for this agenda item.] Term Expires 2024 5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval Liz DeMOss of Consent Agenda passes all routine items indicated by asterisk (*). Consent Council Member Agenda items are not considered separately unless a council member so requests. In the event of such a request, the item is returned to the Regular Agenda] Term Expires 2023 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Ristine Casagranda Council Member A. Proclamations and Awards Term Expires 2022 1. Seward's Day Proclamation ............................ Pg. 4 2. Remembering US Congressman Don Young ........ Pg. 5 Mike Calhoon Council Member B. City Manager Report ........................................ Pg. 6 Term Expires 2024 C. Other Reports and Announcements [Reports must be submitted to Randy Wells the city clerk no later than noon on the Tuesday preceding the Monday Council Member meeting for inclusion in the packet. Five (5) minutes speaking time will be Term Expires 2022 allowed for each report.] 1. Chamber of Commerce Report by Executive Director Kat Sorenson................................................... Pg. 66 Janette Bower City Manager D. Presentations [Presentations are limited to ten minutes each, excluding Q&A, and are limited to two per meeting unless increased by council.] Brenda Ballou 1. Happy Youth Programs & Educational Resources City Clerk (HYPER) presentation by Casie Warner .............. Pg. 71 2. Small Business Development Center (SBDC) presentation Brooks Chandler by Kelly Ann Cavaretta................................. Pg. 74 City Attorney 3. Alaska Railroad Corporation update on the Passenger Dock Project by Elizabeth Greer, PE Program Manager Marine Facilities ........................................ Pg. 89 City of Seward, Alaska Council Agenda Tuesday, March 29, 2022 Page I 7. PUBLIC HEARINGS [Public hearing comments are limited to five (5) minutes per person. After all speakers have spoken, a person may speak for a second time for no more than one (1) minute.] A. Resolutions Requiring Public Hearing 1. Resolution 2022-031, Authorizing The Sale Of Parcel #14502419 Containing 25.395 Acres To The State Of Alaska Department Of Transportation And Public Facilities For The Improvement Project NO. Z548570000 hi Improving The Seward Airport For The Fair Market Value (FMV) That Has Been Determined To Be $2,000.00. This resolution was postponed on March 14, 2022 and is coming back tonight for a second public hearing and approval. ............................................................ Pg. 91 8. UNFINISHED BUSINESS A. Items Postponed from Previous Agenda 1. Resolution 2022-038, Directing PACAB To Create And Lead An Ad Hoc Committee Of Interested Community Members To Identify Available Funding Sources To Continue The Ground Source/Seward District Heat System Project To Completion. This resolution was postponed on March 14, 2022.................................. Pg. 202 9. NEW BUSINESS A. Ordinances for Introduction * 1. Ordinance 2022-007, Amending Seward City Code Chapter 8.15.145 Allowing More Flexible Use Within the Construction Site Camping Provision .................. Pg. 213 B. Resolutions *1. Resolution 2022-040, Approving The Re -Appropriation Of $75,576.87 hi Funding By The Kenai Peninsula Borough Towards The Japanese Creek Flood Mitigation Project.................................................................................. Pg. 217 *2. Resolution 2022-041, Allowing OBI Seafoods To Occupy Their Employee Campground Beginning March 29, 2022........................................... Pg. 236 *3. Resolution 2022-042, Authorizing The City Manager To Enter Into A Contract With Resurrection Rental To Provide Portable Toilet Services In The Amount Of $57,900. ........................................................................................... Pg. 241 *4. Resolution 2022-043, Requesting Funding Changes To The Seward Schools To Ensure Equitable Education Opportunities For The Youth Of Seward....... Pg. 284 City of Seward, Alaska Tuesday, March 29, 2022 Council Agenda Page 2 `a *5. Resolution 2022-044, Authorizing The City Manager To Enter Into Two Purchase Agreements: One With Potelcom Supply For Electrical Wire Products, And The Second With WESCO Distribution For A Quantity Of 10 New 25-Kva Transformers hi A Not -To -Exceed Amount Of $115,991.50 To Be Used For New Service Installations And System Repairs .................................................... Pg. 295 6. Resolution 2022-045, Authorizing The City Manager To Enter Into A Contract With Victus Advisors To Conduct A Feasibility Study For A Community Recreation Center In An Amount Not To Exceed$90,940..................................... Pg. 308 C. Other New Business Items * 1. Approval of the March 14, 2021 City Council Special Meeting Minutes....... Pg. 422 *2. Approval of the March 14, 2021 City Council Regular Meeting Minutes....... Pg. 424 10. INFORMATIONAL ITEMS AND REPORTS [No Action Required] A. City Clerk's Travel Report for the Washington Municipal Clerks Association Conference............................................................................... Pg. 434 It. CITIZEN COMMENTS [There is no sign in for this comment period. Time is limited to five (5) minutes per speaker.] 12. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS 13. ADJOURNMENT City of Seward, Alaska Tuesday, March 29, 2022 Council Agenda Page 3 3 PROCLAMATION WHEREAS, on March 30, 1867, former cabinet member to President Abraham Lincoln and then Secretary of State, William H. Seward signed the Alaska Purchase Treaty; and WHEREAS, this treaty negotiated the purchase of Alaska from Russia; and WHEREAS, it was proclaimed by the State of Alaska that this day be celebrated on the last Monday of March each year; and WHEREAS, this day is of special importance to the City of Seward as this city was named in honor of William H. Seward; and WHEREAS, in March 1903, John E. Ballaine, one of the founders of this city, bestowed the name of Seward upon this site because he foresaw the potential of great economic growth for this port city, just as William H. Seward saw the potential of great economic growth in the purchase of Alaska. NOW, THEREFORE, I, Christy Terry, Mayor of the City of Seward, Alaska, do hereby proclaim Monday, March 28, 2022 as: SEWARD'S DAY Dated this 29th Day of March, 2022 THE CITY OF SEWARD, ALASKA Christy Terry, Mayor 4 In Rgm9mbraneiz Don Young US Congressman US Congressman Don Young called Fort Yukon, Alaska home; a remote village of approximately 700 people located seven miles above the Arctic Circle in Alaska's central interior region. Born on June 9, 1933 in Meridian, California, he earned his associate degree at Yuba Junior College in 1952, and his bachelor's degree in teaching at Chico State College in 1958. Between earning these degrees, he served in the US Army's 41st Tank Battalion from 1955 to 1957. Congressman Young first entered public service in 1964 when he was elected Mayor of Fort Yukon. Two years later, Alaskan voters elected him to the State Legislature in Juneau where he served in the State House from 1966 to 1970, and later in the State Senate from 1970 to 1973. Just hours after being sworn in to the US House of Representatives in 1973, he found himself leading the historic battle for approval of the Trans -Alaskan Pipeline. Often citing this as the single most important achievement in his career, Congressman Young stated, "Next to statehood itself, the most historical legislation passed that affected every Alaskan then, now, and in the future, was the passage of the pipeline legislation." That same year, his colleagues honored him as the "Freshman Congressman of the Year." He went on to gain a key appointment on the then Merchant Marine and Fisheries Committee where he pushed through the 200-mile fishing limit critical to Alaska's fishing industry. He fought against federal control of lands and resources to which Alaskans are rightfully entitled — a battle he continues today with the same vigor. In 1997, he passed by a 419 to 1 vote, the National Wildlife Refuge System Improvement Act, which set guidelines and priority uses within the nation's more than 550 wildlife refuges. Congressman Young proudly served as the "Congressman for All Alaska" and loved his role as the only Alaskan Representative in Congress. Renewed by the challenges and goals of the 117th Congress and his committee positions, Congressman Young continued to champion legislation and funding for programs benefiting Alaska and the nation. His vision was to provide citizens with the opportunity for a better life not just for today, but also for tomorrow and the future. In his 49 years in office, Young built up a singular political brand, with brashness and verbal gaffes belying a wisdom about the internal workings of Congress and an uncommon reputation for bipartisanship. On behalf of the Seavard City Council, we herby psent this Special Recognition in Memoriam to the family of US Congressman Don Young and extend our sincere condolences. Dated this 29" Day of March, 2022 THE CITY OF SEWARD, ALASKA Christy Terry, Mayor M City of Seward City Manager's Report March 29, 2022 Mayor Terry and Council Members, We are gearing up for a very busy summer season. During the March 29 meeting, Parks and Recreation Director Florence will report on the behind scenes preparations and implementation of electronic mechanisms to enhance operations and reduce staff time on certain tasks. In order to boost our seasonal position recruitment efforts, I authorized the positions be hired at $18 per hour with double pay on holidays. Also under consideration, if it becomes necessary for additional short-term labor, overtime for current city employees from other departments will be authorized. I continue to monitor the bills at the state legislature. SB 218, approval of the railroad bonds, moved out of the transportation committee and is referred to finance. HB 366, approval of the railroad bonds, also moved out of the transportation committee and is referred to finance. I'm watching for the hearing dates and will testify. Resolution 2022-032: Requesting Seward be Reestablished as an Embarkation Port of the Alaska Marine Highway System has been forward to state legislators, DOT&PF Commissioner Ryan Anderson, DCCED Commission Julie Sande, and Governor Dunleavy. On April 11 and 12, I will attend the Alaska Federal Grants Symposium/Infrastructure, Grant Development, and Workforce Planning Workshop at the Dena'ina Civic and Convention Center. I am planning to attend to gain as much information as I can for funding for Seward. City of Seward Personnel Transactions Prepared by Tammy Nickell, City of Seward Human Resources Officer Separations: Department: Date of Separation: Library Aide Seasonal Library 3/11/2022 New Hires: Department: Date of Hire: Maintenance Mechanic/Operator Public Works Start date — 3/29/2022 Available Full Time Positions: Department: Position Status: Finance Director Finance Advertising Since 10/05/2021 Campground Coordinator SPRD Advertising Since 10/18/2021 Police Dispatcher Police Advertising Since 03/03/2022 Available Seasonal Positions: Department: Position Status: Winter Maintenance Worker SPRD Advertising Since 1/17/2022 Campground & Park Maint Aide SPRD Advertising Since 3/3/2022 Campground Attendant SPRD Advertising Since 3/3/2022 Park Maintenance Worker SPRD Advertising Since 3/3/2022 Parking Lot Attendant SPRD Advertising Since 3/3/2022 Parking Operations Supervisor SPRD Advertising Since 3/3/2022 Recreation Program Aide SPRD Advertising Since 3/3/2022 Fire Dept Laborer Fire Advertising Since 3/9/2022 Harbor Seasonal Part-time Harbor Seasonal Full-time Library Aide Harbor Advertising Since 3/11/2022 Harbor Advertising Since 3/11/2022 Library Advertising Since 3/11/2022 As required by the Seward Municipal Code 6.05.010, the following purchase orders between $5,000 and $30,000 have been approved by the City Manager since the last council meeting: Department Date Description Amount Fire 2/17/2022 FY22 OPEN PURCHASE ORDER January thru December for o erating supplies, maintenance repair, tool items. $ 5,000.00 Police 3/14/2022 Rugged Tablets for PD vehicles $ 5,905.12 Electric 2/08/2022 Set up and Modify Fecon Mulcher to Adapt all Excavators Coupler $ 7,062.00 Sewer 2/22/2022 Lowell Point WW Permit Annual Fee $ 7,920.00 Public Works 2/08/2022 Streets Winter Supplies Bulk Bag Salt $ 9,462.90 Fire 2/08/2022 5 new pair of bunker gear for volunteer fire fighters $ 15,407.75 Electric 2/08/2022 CPA -Advisory Services for the Electric Department $ 24,000.00 Public Works 3/07/2022 Streets Winter Stock Pile - Operating Supplies $ 25,000.00 Electric 3/22/2022 Materials for New Construction Season $ 25,500.00 Total $ 125,257.77 Thank you, j*r- City of Seward Department Activity Reports Assistant City Manager Stephen Sowell ➢ On March 91", the Assistant City Manager discussed the Heat Loop project with the City's Federal Lobbyist. A meeting is being scheduled with the Department of Energy while the Seward delegation is in Washington DC in April to discuss this project and possible grant options. City Administration will continue to pursue grants for the Heat Loop project as they become available. ➢ Work is continuing on the Hemlock Subdivision. Current work is taking place on the following tasks: replat and rezone, developing the cost estimates, and geotechnical investigation. The geotechnical borings are scheduled to take place on March 22na and 23ra ➢ The SMIC Bench project feasibility study is currently underway. R&M Engineering has determined the two locations for access roads (see the attached map). Cost estimates for these access points are being generated and the City will be pursuing grant opportunities to pay for these roads. Based upon the draft version of the new tsunami map, these roads will be vital for emergency evacuation routes as well. ➢ Work is beginning on the creation of the utility expansion master plan. This project is scheduled to be completed by August 29t", 2022. This plan will provide valuable information on where and how the City can expand utilities in a manner that increases residential development. Once the master plan is completed, R&M Engineering will provide City Council a presentation on the master plan. ➢ Representatives from the Army Corp of Engineers were in Seward on March 16t" to discuss the Lowell Canyon Outfall project. USACE and the City are very pleased that the project is fully funded, and work is underway to continue moving forward with design and engineering. USACE has a high sense of urgency to complete this project in a timely and effective manner. Of the $17B that the USACE received in funding for new projects, Alaska received $1B. Seward's project especially is receiving a high level of attention and commitment from senior leadership with USACE and they continue to work closely with the City of Seward to move this project forward. 9 ➢ The Assistant City Manager and Community Development Director met with the Chamber of Commerce on March 17th to discuss options for improving transportation access for workers. The Chamber plans to conduct outreach to Seward businesses on how this effort can move forward in a manner which benefits workers and businesses. ➢ The Assistant City Manager and Community Development Director met with Borough Representative Ecklund on March 15th to discuss housing developments outside of City limits. A subsequent meeting will take place with the Borough Planning Department to discuss how the Borough can take action which will help solve the housing issues in our community. its] >...... Lu �,.. Cl- Q.......��. N... 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The total STR numbers for in city limits have been relatively flat over the last few years (both inside and outside of city limits) Below is a chart that shows the distribution of STR listings by zone for 2021. STRs by Zone R1 12 9.6% R2 3 2.4% R3 1 0.8% RR 2 1.6% UR 26 20.8% AC 25 20.0% CB 38 30.4% HC 3 2.4% OR 15 12.0% Total 125 Note: Because of some historical decisions, we have a number of lots spotted within the downtown R1 zone, which I believe gives the allusion that we have more STRs in R1 than we do in actuality. The chart below is the STR Compliance (by allowed use) in RR, R1, and R2. These are the zones where whole house rental is not allowed. Not compliant in this case is people who are doing whole house rentals. STR Compliance whole house Zone # STR Compliant Not Compliant R1 12 8 4 R2 3 3 0 RR 2 1 1 Total 17 12 5 71% 29% As you can see, we actually don't have a high level (numbers wise) of non-compliance within those zones. I will continue to pass along data that I hope will be helpful. U11 O TyE DEPARTMENT COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT 8� OF DIVISION OF COMMUNITY AND REGIONAL AFFAIRS Designated Legislative Grant Program Grant Agreement o ALes�' Grant Agreement Number Vendor Number Amount of State Funds 19-RR-004 COS84266 $1,073,441.46 GAE 1ppropriation Unit Lapse Date Project Title Hazardous material removal and site remediation at 087821004 06/30/2021 the Jesse Lee Home for the fiscal years ending June 30, 2019, June 30, 2020, and June 30, 2021 Grantee Department Contact Person Name Name City of Seward Robm Park Street/PO Box Title PO Box 167 Grants Administrator II City/State/Zip Street PO Box Seward, Alaska 99664-0167 PO Box 110809 Contact Person City, State Zip Kristin Erclin er, Finance Director Juneau, Alaska 99811 0809 Phone Fax Phone Fax 907-224-4064 907-224-4038 907-465 4731 907 465-4761 Email Email k-erc[iinger(@cit),ofseward.net robin. ark@alaska. ,ov AGREEMENT The Alaska Department of Commerce, Community, and Economic Development, Division of Community and Regional Affairs (hereinafter `Departments and City of Seward (hereinafter `Grantee agree as set forth herein. Section I. The Department shall pay the Grantee for the performance of the project work under the terms outlined in this Agreement. The amount of the payment is based upon project expenses incurred, which are authorized under this Agreement. In no event shall the payment exceed $1,073.441.46. Section II. The Grantee shall perform all of the work required by this Agreement. Section III. The work to be performed under tlis Agreement begins Tune 30,2018 and shall be completed no later than Tune 30.2021. Section IV. The Agreement consists of this page and the following: ATTACHMENTS AMENDMENTS Attachment A: Scope of Work Any fully executed amendments to this Agreement 1. Project Description 2. Project Budget APPENDIi� 3. Project Management Appendix A: State Laws and Regulations 4. Reporting Attachment B: Payment Method Attachment C: Standard Provisions Grantee Department Signature Signature Printed N e itl Printed Name and Title Jeffrey B ' , Inte ' City Manager Pauletta Bourne, Grants Adnnistrator III Date DECEMBER 103, 2018 Date lteviewed b5 _ Rei. 61018 Designated Legislative GraatAgreenre)t Pag, 13 17 Attachment A Scope of Work 1. Project Description The purpose of this FY2019 Designated Legislative Grant in the amount of $1,073,441.46 [llr:rnanl to the p10NlJlons of37.05.315CIS Sialnte, Gauls to 11,Ililii4alllres SL,120I8, SB I42, CI)aplel- I9, Seflloli 32, Pale 4l, and Lil e 13] is to provide funding to City of Seward for use towards Hazardous material removal and site renledlation at the Jesse Lee Horne for the fiscal Dears ending June 30, 2019, June 30, 2020, and June 30, 2021. The objective of this project is to nutigate the Jesse Lee Home structure Nvhich poses a significant attractive nuisance and a health hazard to the residential neighborhood. These funds will be used to remove, dispose and abate environinental hazards reinainithg on the property, including asbestos, underground fuel and/or other tanks, buildings, fencing and structures, and to respectfully remove salvageable wood and/or property features to build a nnemorial to the residents and staff of the facility. Thi's project may include die following items: c Hazard abatement ® Environmental hazardous waste disposal c Labor costs c Materials/supplies ® Permits o IVleniorial construction Additional expenditures inust be reasonable and relative to the project objective and iliay require pre approval by the department. No more than five percent (5%o) of die total grant award relay be reimbursed for Adtrunistrative expenses for projects involving equipment purchase or repairs and no more dlan ten percent (10%) of the total grant award may be reimbursed for Administrative expenses for all other projects. To be reimbursed for eligible administrative costs, expenses must be reported on the Designated Legislative Grant Fuhancial/Progress Report form. 2. Project Budget Cost Category Total Project Costs Project Funds $1,073,441.46 Administration $0.00 Total Grant Funds $1,073,441.46 3. Project Management This project will be managed by die Grantee. Signatory authority for execution of the Grant Agreement and subsequent amendments is granted to the chief administrator. For grants appropriated to a municipality, the mayor is the chief administrator unless the municipality operates a managerial form of government; then die city manager/administrator acts as the chief administrator. For named recipients and unincorporated communities, the executive director or highest ranking official will act as chief administrator. Rev. 612018 Designated Legislative Grant Agreement Page 2 of 13 The chief administrator may delegate authority for executing the Grant Agreement and amendments to others wlthiii the Grantee's organization via die Signatory Authority Form. The chief adirdn istrator also designates financial and performance progress reporting authority via the Signatory Authority Form. Such delegation is limited to others within the Grantee's organization unless otherwise approved by the Department. The Grantee must establish and maintain separate accounting for the use of this Grant. The use of Grant funds in any manner contrail, to the terins and conditions of this Grant Agreement may result in the subsequent revocation of the Grant and any balance of funds under the Grant. It inay also result in the Grantee being required to return such amounts to the State. If applicable under state law, grantees must be registered and in good standing with the Department of Commerce, Comnnunity and Economic Development's Division of Corporations, Business and Professional Licensing. 4. Reporting The Grantee shall submit a Designated Legislative Grant Financial/Progress Report Form provided by the Department each month, or quarterly, with the concurrence of the Department, during the life of the Grant Agreement. Grant Financial/Progress Report Forins are due thirty (30) days after the end of the month or quarter b6-ig reported. The report period is the first of the month through the last day of the month. If quarterly reporting is approved, the report period is the first day of the first month through the last day of the third month of the quarter. The final Financial/Progress Reports must be submitted within thirty (30) days following completion of the project. Rev. 612018 Designated Legislative Grant Agreement Page 3 of 13 Attachment B Payment Method 1. Reimbursement Payment Upon receiving and approving a Grantee's Financial/Progress Report, the Department xvill reimburse the Grantee for expenditures paid during the reporting period, iin accordance with this Grant Agreement. The DepartmeInt will not rear nburse without approved Financial/Progress Reports, prepared and subnnitted by the Grantee on the form provided by the Department. Before approving the financial/progress report for payment, the Department may require the Grantee to submit documentation of the costs reported (e.g., copies of vendor billings/invoices and proof of payment, general ledger expenditure report). 2. Advance Payment In inost instances, the Department will make payment to a Grantee on a cost reimbursable basis. If cost rein nbursemcnt significantly inhibits the Grantee's ability to innplcment the project, the Department may advance to the Grantee an amount not to exceed a projected thirty (30) day cash need, or twenty percent (20%) of the amount in Section I, whichever is less. Before the Department will issue all advance, the Grantee must submit a "Request for Advance Payment" form along with documentation of costs associated with the advance. The "Request for Advance Payment" form can be obtained from the Department electronically or in hard copy. All advances will be recovered with the Grantee's next Financial/Progress Report form. Should earned payments during the tern -is of this Grant Agreement be insufficient to recover the full amount of the advance, the Grantee will repay the unrecovered amount to the Department when requested to do so by the Department, or at termination of the Grant Agreement. 3. Withholding of Ten Percent (10%) The Department may withhold ten percent (10%) of the amount in Section I until the Department determines that the Grantee has satisfactorily completed the terms of this Grant Agreement, including all required reporting of die project. Rev. 612018 Designated Legislative Grant Agreement Page 4 of 13 Attachment C Standard Provisions Article 1. Definition "Department" refers to the Department of Commerce, Comnnuiity, and 13cononlic Development with the State of Alaska. Article 2. Indemnification It is understood and agreed that this Grant Agreement is solely for the benefit of the parties to the Grant Agreenlent and gives no right to any other party. No joint venture or partnership is formed as a result of die Grant Agrcement. The Grantee, its successors and assigns, will protect, save, and hold harmless the Department and die State of Alaska and their authorized agents and employees, from all claims, actions, costs, damages, or expenses of any nature whatsoever by reason of the acts or omissions of the Grantee, its subcontractors, assigns, agents, contractors, licenses, invitees, employees, or any person whomever arising out of or in connection with any acts or activities authorized by this Grant Agreement. The Grantee further agrees to defend the Department and the State of Alaska and their authorized agents and emmployees in any litigation, including payment of any costs or attorney's fees for any claims or actions commenced thereon arising out of or in connection with acts or activities authorized by this Grant Agreement. This obligation shall not include such claims, costs, damages, or expenses which may be caused by the sole negligence of the Department of die State of Alaska or their authorized agents or employees, provided, that if the claims or damages are caused by or result from the concurrent negligence of (a) the Department and the State of Alaska and their agents or employees, and (b) the Grantee, its agents or employees, this indemnity provision shall be valid and enforceable only to the cxterit of the negligence of the Grantee, or Grantee's agents or employees. Article 3. Legal Authority The Grantee certifies that it possesses legal authority to accept grant hinds under the State of Alaska and to execute the project described ill this Grant Agreement by signing the Grant Agreement document. The Grantee's relation to the Department and tie State of Alaska shall be at all times as an independent Grantee. Article 4. Waivers No conditions or provisions of tlis Grant Agreement can be waived unless approved by the Department in writing. The Departinent's failure to insist upon strict performance of any provision of the Grant Agreement, or to exercise any right based upon a breach thereof, or the acceptance of any performance during such a breach, shall not constitute a waiver of any right under this Grant Agreement. Article 5. Access to Records The Department and duly authorized officials of the State of Alaska shall have frill access and die right to examine, excerpt, or transcribe any pertinent documents, papers, records, and books of the Grantee, and of persons or organizations wldl -,vhich dle Grantee may contract, involving transactions related to the project and this Grant Agreement. Article 6. Reports The Grantee, at such times and in such forms as the Department may require, shall furnish the Department widh such periodic reports as it may request pertaining to dle activities undertaken pursuant to this Grant Agreement, including the fugal close-out report, the costs and obligations incurred in connection tierewiti, and any other matters covered by this Grant Agreement. Rev. 612018 Designated Legislative Grant Agreement Page 5 of 13 Article 7. Retention of Records The Grantee shall retain financial and other records relating to the performance of this Giant Agreement for a period of sit years front the date when the filial financial status report is submitted to the Department, or until final resolution of ally audit findings, claims, or litigation related to the grant. Article 8. Assignability The Grantee shall not assign any interest in this Grant Agreement and shall not transfer any interest in the same (xvhether by assiglincrit or novgtion). Article 9. Financial Management and Accounting The Grantee sliall establish and maintain a financial management and accounting systcinn that conforms to generally accepted accounting principles. Article 10. Program Income Program income earned during the award period shall be retained by the Grantee and added to the funds committed to the award and used for the purpose and under the conditions applicable to the use of award funds. Article 11. Amendments and Modifications The Grantee or the Department tnay request an amendment or modification of this Grant Agreement. However, such amendment or iodification shall not tale effect until approved, in writing, by the Departinent and the Grantee. Article 12. Recordkeeping The Grantee agrees to keep such records as the Department may require. Such records will include information pertaining to grant awards and audnorizations, obligations, unobligated balances, assets, liabilities, outlays and income. They will also include information pertaining to project performance and efforts to comply with the provisions of the Grant Agreement. Article 13. Obligations Regarding Third -Party Relationships None of the Work specified in this Grant Agreement shall be contracted by the Grantee without prior approval of the Department. No permission for subcontracting shall create, between the Department or the State of Alaska and the subcontractor, any contract or any relationship. The Grantee shall remain frilly obligated under the provisions of thus Grant Agreement notwithstanding its designation of any third party or parties of the undertaking of all or any part of the project described herein. Any subcontractor that is not the Grantee shall be required by the Grantee to comply with all the provisions of this Grant Agreement. The Grantee shall bind all subcontractors to each and every, applicable Grant Agreement provision. Each subcontract for work to be performed with funds granted under this Grant Agreement shall specifically include a provision that the Department and the State of Alaska are not liable for damages or claims from damages arising from any subcontractor's performance or activities under the terms of the subcontracts. Rev. 612018 Designated Legislative Grant Agreement Page 6 of 13 f Article 14. Conflict of Interest No officer or employee of the Department; no member, officer, or employee of the Grantee or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of such locality or localities who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this Grant Agreement. The Grantee shall incorporate, or cause to incorporate, in all such contracts or subcontracts, a provision prohibiting such interest pursuant to the purpose of this provision. Article 15. Political Activity No portion of the fiends provided hereilunder shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. Article 16. Notices The Grantee shall comply,,vith all public notices or notices to individuals required by applicable state and federal laws and shall maintain a record of this compliance. Article 17. Prohibition Against Payment of Bonus or Commission The assistance provided under this Grant Agreement shall not be used in payment of any bonus or coillllntssloll for the purpose of obtaining approval or concurrence under this contract provided, however, that reasonable fees of bona fide technical consultant, inanagerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. Article 18. Termination by Mutual Agreement This Grant Agreement may be terminated, it whole or in part, prior to the completion of contract project activities when both parties agree that continuation is not feasible or would not produce beneficial results commensurate with the further expenditure of funds. The Department will determine whether an environmental review of the cancellation is required under State and/or Federal law. The parties must agree on the termination conditions, including effective date and the portion to be terminated. The Grantee shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. The Department shall make fiends available to the Grantee to pay for allowable expenses incurred before the effective date of termination. Article 19. Termination for Cause If the Grantee fails to comply with the terms of this Grant Agreement, or fails to use the grant for only those purposes set forth herein, the Department may take the following actions: A. Suspension — after notice in writing by certified mail to the Grantee, suspend the grant and withhold any further payment or prohibit the Grantee from incurring additional obligations of grant funds, pending corrective action by the Grantee or a decision to terminate. Response must be received within fifteen (15) days of receipt of the written notice. B. Termination — Terminate the grant ih whole or in part, at any tinne before the final grant payment is made. The Department shall promptly notifl, the Grantee in writing of its deternnihation to terminate, the reason for such termination, and the effective date of the termination. Payments made to the Grantee or recoveries by the Department shall be in accordance with the legal tights and liabilities of the parties. Rev. 612018 Designated Legislative Grail Agreement Page 7 of 13 i Article 20. Withdrawal of Functs In the event funding from the state, federal, or other sources is Withdrawn, reduced, or united in any way after the effective date of this Grant Agreement and prior to normal completion, the Department may terminate the agreement, reduce funding, or re -negotiate subject to those new funding limitations and conditions. A termination under this article shall be implemented under the same conditions as a termination under Article 19 of this Attachment. Article 21. Recovery of Funds In the event of a default or violation of the terms of the Grant Agreement by the Grantee, the Department may institute actions to recover all or part of the project funds paid to the Grantee. Repaynneint by the Grantee of grant funds under tlis recovery provision shall occur within thirty (30) days of demand. All remedies conferred on the Department by this agreement or any other instrument or agreement are cumulative, not exclusive, and inay be exercised concurrently or consecutively at the Departnncnt's option. Article 22. Disputes Except as otheiivise provided in this agreement, and, dispute concerning a question of fact arising under this agreement that is not disposed of by mutual agreement shall be decided by the Department, which shall reduce its decision to ,vriting and marl, or otherwise furnish a copy thereof, to the Grantee. The decision of the Department shall be final and conclusive. This "Disputes" clause does not preclude the consideration of questions of law in connection with the decision provided for in the preceding paragraph provided that nothing in the Grant agreement shall be construed as making final the decisions of any administrative official, representative, or board on a question of law. Article 23. Jurisdiction This Grant Agreement shall be governed by the laws and statutes of the State of Alaska. The venue of any suit hereunder may be in the Superior Court for the First Judicial District, Juneau, Alaska. Article 24. Ownership of Project/Capital Facilities The Department makes no clam to any capital facilities or real property improved or constructed with fiends under this Grant Agreement and, by tins grant of funds, does not and will not acquire any ownership interest or title to such property of the Grantee. The Grantee shall assume all liabilities arising fronn the ownership and operation of the project and agrees to hold the Department and the State of Alaska harmless from any and all causes of action arising from the ownership and operation of the project. Article 25. Site Control If the grant project involves the occupancy and use of real property, the Grantee assures that it has the legal right to occupy and use such real property for the purposes of the grant, and further that there is legal access to such property. As a mli nutn requirement, die Grantee should obtain a "sufficient interest" that allows the Grantee the right to use and occupy the site for the expected useful life of the building, structure or other improvement. Generally, the interest obtained should be for at least 20 }rears. A sufficient interest depends upon the nature of the project and the land status of the site. Rev. 612018 Designated Legislative Grant Agreement Page 8 of 13 Article 26. Insurance The Grantee is responsible for obtaining any necessary liability insurance and inaintail in force at all times during the performance of this Grant Agreetment the insurance policies identified below. All insurance policies shall comply with, and be issued by insurers licensed to transact the business of insurance under Alaska Statute AS 21. The Grantee shall require any contractor lured to work on the project be licensed, bonded and insured for at least the amount of the project and if appropriate provide and maintain Professional Liability, Insurance. A. Workers' Compensation Insurance for all employees engaged in work under this Grant Agreement, coverage as required bj? AS 23.30.045, and; where applicable, any other statutoil, obligations including but not limited to Federal U.S.L. & H. and Jones Act requirements. B. Commercial General Liability Insurance covering all busyness premises and operations used b}, the Grantee in the performance of this project and Grant Agreement with coverage limits not less than $300,000 combined single limit per occurrence and annual aggregates where applicable. C. Comprehensive Automobile Liability Insurance covering all vehicles used by the Grantee in the performance of this project and Grant Agreement with coverage limits not less than $100,000 per person/$300,000 per occurrence bodily injury and $50,000.00 property damage. D. Professional Liability Insurance covering all errors, onlissions or negligent acts of the contractor, subcontractor or anyone directly or indirectly employed by them, made in tine performance of this contract which result in financial loss to the State. Limits required are per the following schedule: Contract Amount Minimum Required Limits Under $100,000 $100,000 per occurrence/annual aggregate Article 27. Subcontracts for Engineering Services In the event that the Grantee subcontracts for enginecring seivices, tine Grantee will require that the engineering firm certify that it is authorized to do business in the State of Alaska. In the event that the engineering funs is also the project administrator, the Grantee shall requite that the bond or insurance shall be for not less than the amount of the entire project. Article 28. Governing law This Grant Agreement is governed by the laws of the State of Alaska. The Grantee shall perform all aspects of this project in compliance with the appropriate laws and regulations. It is the responsibility of the Grantee to ensure that all permits required for the construction and operation of this project by the Federal, State, or Local governments have been obtained. Article 29. Budget Flexibility Notwithstanding the provisions of Article 11, Attachment C, the Grantee may revise the project budget it Attachment A without a formal amendment to this agreement. Such revisions are limited within each line item to a maximum of ten percent (10%) of the line item or $10,000, w1lichever is less, over the entire term of this agreement. Such budget revisions shall be limited to changes to existiig budget line items. Budget revisions may not be used to increase any budget item for project administrative expenses. Changes to the budget beyond the limits authorized by this provision tllay only be made by a formal amendment to this agreement. Article 30. Equal Employment Opportunity (EEO) The Grantee may not discriminate against any employee or applicant for employment because of race, religion, color, national origin, age, physical handicap, sex, marital status, changes in matital status, pregnancy, or parenthood. The Grantee shall post in a conspicuous place, available to employees and applicants for employment, a notice settling out the provisions of this paragraph. Reis. 612018 Designated Legislative Grant Agreement Page 9 of 13 The Grantee shall state, in all solicitations or advertisements for eniplo}Tees to work on state funded projects, that It is all equal opportunity employer (EEO) and that all qualified applicants will receive consideration for employment without regard to race, religion, color, National origin, age, physical handicap, sex, marital status, changes in marital status, pregnancy, or parenthood. The Grantee shall include the provisions of this EEO article in every contract relating to this Grant Agreement and shall require the inclusion of these provisions in ever), agreement entered into by an), of its contractors, so that those provisions will be binding upon each contractor or subcontractor. Article 31. Public Purposes The Grantee agrees that the project to which this Grant Agreement relates shall be dedicated to public purposes for its useful life. The benefits of die project shall be made available without regard to race, religion, color, national origin, age, physical handicap, sex, marital status, changes in marital status, pregnancy, or parenthood. If the Grantee is a non -municipal entity and if mollies appropriated under this grant constitute the sole or principal funding source for the acquisition of equipment or facilities, the Grantee agrees that In the event a municipal corporation is formed ,vhlch possesses the power and jurisdiction to provide for such equipment or facilities, the Grantee shall offer, without compensation, to transfer ownership of such equipment or facilities to the municipal corporation. If the Grantce is a non-profit corporation that dissolves, the assets and liabilities from the grant project are to be distributed according to statutory law, AS 10.20.290-10.20.452. Article 32. Operation and Maintenance "Throughout the life of the project, the Grantee shall be responsible for the operation and maintenance of any facility, equipment, or other penis acquired under this grant. Article 33. Assurance The Grantee shall spend monies awarded under this grant only for the purposes specified in this Grant Agreement. Article 34. Current Prevailing Rates of Wage Certain grant projects are constrained by the provisions of AS 36. PUBLIC CONTRACTS. To the extent that such provisions apply to the project w1iich is the subject of this Grant Agreement, the Grantee shall pay the current prevaililig rates of wage to employees as requited by AS 36.05.010. The Grantee also shall require any contractor to pay the current prevailing rates of wage as required by AS 36.05.010. Article 35. Severability If any provision under this Grant Agreement or its application to an), person or circumstance is held uivalid by any court of rightful jurisdiction, this invalidity does not affect other provisions of the contract agreement which can be given effect without the invalid provision. Article 36. Performance The Department's failure to insist upon the strict performance of any provision of the Grant Agreement or to exercise any right based upon breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any rights under this Grant Agreement. Rev. 612018 Designated Legislative Grant Agreement Page 10 of 13 Article 37. Sovereign Immunity If the Grantee is an entity which possesses sovereign imnuuhit}-, it is a requirement of this grant that tic Grantee irrevocably waive its sovereign innnruinq with respect to state enforcement of this Grant Agreement. The waiver of sovereign inununity, effected by resolution of the entity's governing body, is herein incorporated into this Grant Agreement. Article 38. Audit Requirements The Grantee must comply with the audit requirements of the Alaska Adnhinistrative Code set forth in 2AAC45.010. AUDIT REQUIREMENTS. An entity that expends a cumulative or total, equal to the state single audit threshold during the fiscal year is required to have a state single audit. A copy of the most current 2AAC45.010 adopted regulations is available at the Alaska Department of Administration's State Single :ludit Nvebsite: h!W://doa.alaska.gov/dof/ssa/index.htinl. Current audit compliance supplements and guides specific to programs under AS 37.05.315 Grants to Municipalities, AS 37.05.316 Grants to Natned Recipients, and AS 37.05.317 Grants to Unincorporated Communities can be found at littp://doa.alaska.gov/dof/ssa/audit guide-html. Article 39. Close -Out The Department will advise the Grantee to initiate close-out procedures when the Department deternhines, in consultation Nvith the Grantee, that there are no impediments to close-out and that the following criteria have been met or soon will be inet: A. All costs to be paid with grant fields have been incurred with the exception of close-out costs and any unsettled third -party clainns against die Grantee. Costs are incurred when goods and services are received or contract work is performed. B. The last required performance report has been submitted. The Grantee's failure to subnhit a report will not preclude the Department from effecting close-out if it is deemed to be in the State's interest. Any excess grant amount that may be in the Grantee's possession shall be returned by the Grantee in die event of the Grantee's failure to finish or update the report. C. Other responsibilities of the Grantee under this Grant Agreement and any close-out agreement and applicable laws and regulations appear to have been carried out satisfactorily or there is no further State interest in keeping the grant open for the purpose of securing performance. Article 40. Americans with Disabilities Act The Americans with Disabilities Act (ADA) prohibits discrimination against persons with disabilities. Title I of the ADA prohibits discrimination against persons with disabilities in employment and provides that a reasonable accominodation be provided for applicants and employees. Title II of the Act prohibits public agencies from discriminating against individuals with disabilities in the pro-6sion of services, programs, or activities. Reasonable accommodation must be made to ensure or allow access to all sen-ices, programs, or activities. This section of the Act uhcludes physical access to public facilities and requires that public entities must, if necessary, make modifications to their facilities to remove physical barriers to ensure access by persons with disabilities. All new construction must also be accessible to persons with disabilities. A public entity's subgrantees or contractors must also comply with the ADA provisions. Grantees are responsible for assuring their compliance with the ADA. Rev. 612018 Designated Legislative Giant Agreement Page 11 of 13 Appendix A State Laws and Regulations and Permits Grantees are responsible for all applicable state laws, regulations and permits; including but not limited to the following list which most coininnonly affects Grantees. Municipality Public Facility Operations and Maintenance —AS 37.05.315(c) In accepting a giant under AS 37.05.315 for construction of a public facility, a municipality covenants with the State that it «vill operate and maintain the facility for the practical life of the facility alnd that the inunicipality will not look to the State to operate or maintain the facility or pay for its operation or maintenance. This requirement does not apply to a grant for repair or improvement of ,in existing facility operated or maintained by the State at the time the grant is accepted if the repair or improvement for which the grant is made «rill not substantially increase the operating or maintenance costs to the State. Restriction on Use —AS 37.05.321 A grant or earnings from a grant under AS 37.05.315 - 37.05317 may not be used for the purpose of influencing legislative action. In this section "influencing legislative action" means promoting, advocating, supporting, modifying, opposing, or delaying or seeking to do the same with respect to any legislative action but does not include the provision or use of information, statistics, studies, or analyses in written or oral form or format. A grant or earnings froin a grant made under AS 37.05.315 - 37.05.317 may not be used for purposes of travel in connection with influencing legislative action unless pursuant to a specific request from a legislator or legislative cominnittee. Hiring Preferences —AS 36.10 This chapter of the Alaska Statutes applies to grants for public works projects and requires compliance with the hiring preferences under AS 36.10.150 — 36.10.175 for employment generated by the grant. Historic Preservation Act —AS 41.35 This chapter of the Alaska Statutes applies to public construction of any nature undertaken by the State, or by a governmental agency of the State, or by a private person under contract with or licensed by the State or a governmental agency of the State. The Department of Natural Resources must be notified if the construction is planned for an archaeological site. The Department of Natural Resources inay stop the construction to determine the extent of the historic, prehistoric, or archaeological values. Fire Protection —AS 18.70 Tlus chapter of the Alaska Statutes requires the Alaska Department of Public Safety (the State Fire Marshal) to adopt regulations (currently iin the form of Uniform Fire Code, as amended) establishing ininiinum standards for: 1. Fire detection and suppression equipment; 2. Fire and life safety criteria in commercial, industrial, business, institutional, or other public buildings used for residential purposes containing four or more dwelling units; 3. Any activity in which combustible or explosive materials are stored or handled in conunercial quantities; 4. Conditions or activities carried on outside a building described in (2) or (3) likely to cause injury to persons or property. Rer. 612018 Designated Legislative Grant Agreement Page 12 of 13 Procurement Preference for State Agricultural and Fisheries Products —AS 29.71.040 This chapter of the Alaska Statutes applies to municipalities that use state fiends to purchase agricultural and fisheries products. The law requires: 1 . When agricultural products are purchased, only such products harvested In the state shall be purchased whenever priced no more than seven percent above products harvested outside the state, and of like quality compared with agricultural products harvested outside the state. 2. When fisheries products are purchased, only fisheries products harvested or processed within the jurisdiction of the state shall be purchased whenever priced no more than seven percent above products han-ested or processed outside the jurisdiction of the state, available, and of like quality compared with fisheries products harvested or processed outside the jurisdiction of the state. Alaska Product Preferences —AS 36.15 This chapter of the Alaska Statutes applies to projects financed by state inoney ill which the use of tilmber, lumber, and manufactured lumber products is required, only tunber, lumber and manufactured lumber projects originating in this state from local forests shall be used wherever practicable. The law requires the insertion of this clause in calls for bids and in all contracts awarded. Permits and Environmental Procedures The Alaska Department of Environmental Conservation (ADEC) regulates all activities in Alaska that night pollute the air, water or soil. There are dozens of ADEC permits related to constructing and operating public buildings. The law requires the following permits, including others designated by the commissioner. The following list is not intended to be all-inclusive. • Air Ennissions Permit • Anadromous Fish Protection Permit • Authorization for Tidelands Transportation • Brine or Other Salt Water Waste Disposal Permit • Buurining Permit during Fire Season • Coal Development Permit • Critical Habitat Area Permit • Dam Construction Pernut • Driveway Permmit • Encroachment Permit • Miscellaneous State Land Use Permit • Mineral and Geothermal Prospecting Permits • Occupied Tide and Submerged Land • Open Burning Pernnit • Permit for Use of Timber or Materials o Permit to Appropriate Water o Pesticides Permit ® Preferred Use Permit o Right -of -Way and Easement Permits * Solid Waste Disposal ® Special Land Use Permit ® State Game Refuge Land Permit • State Park Incompatible Use Peri it • Surface Oiling Pernnit • Surface Use Permit • Tide and Submerged Lands Prospecting Perim ® Tidelands Permit a Tidelands Right -of -Way or Easement Permit • Utility Permit • Waste Water Disposal Permit • Water Well Permit Rev. 612018 Designated Legislative Grant Agreement Page 13 of 13 Electric Department Director Rob Montgomery ➢ Nash Road Right -of -Way Tree Clearing — Tree clearing work on the electric transmission right of way on Nash Road is underway and is being done by contractor AK Tree Service, the same company that cleared the transmission right of way near Moose Pass in 2021. I held meetings with three property owners on March 18 to discuss the tree work necessary their properties. I was joined in these meetings by Seward line foreman Bryan Thrall and AK Tree Service project manager Mark Walker. The discussions with the property owners went well and we were able to answer questions and address their concerns. ➢ Mutual Assistance (Seward Journal) — The Seward Journal on March 16 ran a story about the mutual assistance agreement that was added to the current wholesale power supply contract with Chugach Electric Association that went into effect this past January. In addition to speaking with me, the story also quoted CEA spokesperson Julie Hasquet. It was a positive story that detailed how the agreement goes beyond simply assisting with power outages and/or emergencies, and outlines how CEA will expand its support in areas such as employee training, right-of-way maintenance, electric vehicle infrastructure, advanced metering technology and other key areas. The story is attached. ➢ Renewable Portfolio Standards Legislation — Earlier this year, House Bill 301 was introduced through Governor Dunleavy's office that would require Alaska's regulated utilities to meet standards for increasing renewable energy generation. I have been engaged with the other Railbelt utilities over the past several weeks to review the details of the legislation and with the Railbelt utilities regarding this legislation. This is also the topic we discussed with Governor Dunleavy a few weeks ago in his Anchorage office. Below is an email I sent to Janette Bower and Stephen Sowell as an update on this issue on March 17: As you know, I have been involved in several discussions with the Rai/belt utilities regarding the RPS legislation. This is also the tonic we discussed with Governor Dunleavy a few weeks ago in his Anchorage office. As we indicated in our conversation with the Governor, all of the Rallbelt utilities, including Seward, support a more diverse and decarbonized generation mix. Today, approximately 85 percent of the state's electricity comes from natural gas and we all agree that number is much too high. We're also all in agreement that based on the state's resources and to take advantage of financial benefits associated with 011 economies of scale, a large hydroelectric projects) is the state's best option. The utilities also agree that adding wind and solar projects, which are intermittent sources of power generation, is important as long as they are financially prudent Perhaps the biggest obstacle the state faces in putting more renewable or decarbonized energy on the grid is the limited capacity of the existing transmission infrastructure. The Railbelt's transmission system simply is not robust enough to move electricity as is needed. For example, only 20 percent of the power from Bradley Lake Hydro can be used at any given time because of the transmission system limitations. The Alaska Energy Authority has conducted a study evaluating the projects necessary to upgrade the Rallbelt's transmission system and the projected cost is north of $1 billion. More recent estimates have put that cost closer to $2 billion. Also, just to complete the first key phase of the project is around $300 million. I have been engaged with the other Rallbelt utilities in seeking federal grants/funding to put toward these critical projects, even meeting as a group recently with Sen. Murkowski's staff via Zoom to discuss potential grant/funding opportunities. Earlier today, executives representing the Railbelt utilities testified before the House Energy Committee to discuss the proposed renewable energy portfolio standards. I have attached the slide deck used in their testimony. I have also attached a draft of a brochure that the utilities have created to use with lealslators in the pursuit of federal Grants/funds. The bottom line is that we all are in support of an achievable, affordable and sustainable RPS with cost -containment measures designed to protect utility members/consumers. In working together with the state and other key stakeholders, we have an opportunity to create a strong foundation and set a clear direction for Alaska's electric utility future. ➢ IBEW 1547 Contract Negotiations- In early March we received the opening letter from the IBEW 1547 outlining the items they wish to negotiate in upcoming contract meetings. Our return letter to the Union listing the items we wish to address was sent on March 21. We have set up formal negotiation meetings with the Union in late April. The City's contract with IBEW 1547 expires on June 30. ➢ DOT Project MP 17-22.5 - The Invitation to Bid to select a contactor to complete electric relocation work along the Seward Highway was officially issued on March 16. The Alaska Department of Transportation will be completing highway improvement work between MP 17-22.5, which requires the relocation of electric poles and lines. AKDOT is scheduled to begin work in May and the electric relocation work is set to begin in June. Ni s. O I bA ® vi .w cd �+ -d S." S bVA �✓ O u ro �a�-+ (,� O —coQ1 �,,," ¢+ V v 6•.+ +' P. SW. bA p p' u v3 O r. 4� bA sue. E Q a, rvn ^d V O O O avi .s" cd v v w 0 0 _-�O +1 O cuv a o r0 O OA $a a� " `d uai cl v U y vv w 4, cd v�4b�A wO rn v],iH 'Ci-Ou 14 0 — 3 v� tin O b 0 v ^ a' bA v p v bA v -a bA cn O Q s V u s. w O ai 1.4 z 'a� .� to bA °: f-- au y bvp �. O o w b w as d~ sue•' Cd U Sw O! "C'j ,S.i" cl C v • �f�" v� vi "c± Cd GU ItX CZ co v Q 0 cd O p O w aj w to a.. 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E ƒ § / m G & # o + / CO & ® § d Z 0 ou) \ \ / ƒ \ 2 f., J CMR Finance Department Mission Statement: To Provide the highest level of services responsive to our community `s expectations and to enhance the quality of life and economic vitality. Internal Utility Billing Audit Water and Sewer Findings: Valuable Objectives: Sully Jusino Deputy Finance Director Integrity, accountability and respect we built trust with all stakeholders through responsible stewardship of public resources. - Physical inspection were made on water meters to verify proper sizing. Several customers were billed based on a smaller water meter size. That resulted in an undercharge for water and sewer services. - Total overbilled customers due to incorrect water meter size: 13 - Total underbilled customers due to incorrect water meter size: 30 - In order to properly bill a customer for water usage, the water meter must be operable and accessible for accurate meter readings. There are still about 10 unworkable water meters. Public W Corrections: -Customers who were overbilled due to incorrect water meter size received a credit and correct size was adjusted in billing system immediately. - Customers were notified and the size adjustment went in effect on 1/15/22. Also oriented of the proper operation of the water meters for accurate meter reading. 54 CMR Finance Department Electric Service Findings: Sully Jusino Deputy Finance Director - Based on customer's usage history, the customer classification must be updated from Small General Service (SGS) to Large General Service (LGS), which is applicable when a customer's demand peaks above 25 kilowatts for three or more consecutive months. - Change in the billing rate from one customer group to another may not be made more often than once every 12 months. Corrections: - 11 accounts will be reclassified from SGS to LGS. The reclassification will come in effect on 4/ 15/2022. - The City will not charge customers for any underbilling that may have occurred prior to this effective date. - 10 LGS customers that are eligible for SGS rates. They will be notified within the next month. Forensic Audit - Last meeting with Administration, Finance and Greene Forensic Accounting Solutions, LLC regarding the forensic audit will be on 4/11/22. Carmen Jackson Firm - Carmen Jackson LLC firm continued assisting the finance department in account reconciliation, journal entry review, and analyzed job descriptions. Finance and Administration will start working with the initial recommendations stablished by the firm regarding jobs descriptions. - Finance staff continue working for audit preparation. W R Fire & Building Department Fire Chief Clinton Crites We can always use volunteers, if you or someone you know is interested in serving your community, please give us acall at 224-3445 or stop by at one of our trainings on Wednesday evenings at 7:00pm. Statistical Information; Fire & Life Safety Inspections 2022 YTD: 1 with 96 violations noted. Emergency Calls YTD: 52 New Building Permits Issued 2022: 6 with a total valuation of $647,695 Demo Permits Issued YTD: 0 • We hope you changed your batteries in your smoke and carbon monoxide detectors when time changed. If you need assistance, please give us a call 224-3445. Please see the flyer below for the Phoenix Chapter Fundraising Cruise May 28t", all proceeds are designated for your local Fire and EMS agencies to provide training on the Eastern side of the Peninsula. a FIRE you ? 0 Become a volunteef f1retighter today. Please support your local volunteers throughout the peninsula! Even this late in the season, please make sure your stove pipes/chimneys are clear of debris and cleaned out professionally. There was a recent chimney fire in Seward and luckily it was contained before severe damage was done. Thanks to Seward, Bear Creek & Lowell Point Fire, SVAC and Seward Police for the response. 611 ;* 4& 0 SAFETY TIPS • Pets are curious. They may bump into, turn on, or knock over cooking equipment. Keep pets away from stoves and countertops. Keep pets away from candles, lamps, and space heaters. Always use a metal or heat -tempered glass screen on a fireplace and keep it in place. Keep pets away from a chimney's outside vents. Have a "pet -free zone" of at least 3 feet (1 meter) away from the fireplace. Glass doors and screens can stay dangerously hot for several hours after the fire goes out. Consider battery -operated, flameless candles They can look and smell like real candles. Some pets are chewers. Watch pets to make sure they don't chew through electrical cords. Have any problems checked by a professional. 0 * Pets and Wildfires SMOKE ALARMS Have working smoke alarms on every level of the home. Test your smoke alarms at least once a month. • If the smoke alarm sounds, get out and stay out. • Never go back inside for pets in a fire. Tell firefighters if your pet is trapped. Make sure pets are included in your fan ly's wildfire evacuation plan. Build an evacuation kit for each pet in your household. Ensure each kit is a size and weight that can be quickly and easily loaded into a vehicle w1 en C}a kiTig to evA.('.l1Afe._ FACT Pets or wild animals have a part in starting about 750 home fires per year. These involve cooking equipment, fireplaces and chimneys, space heaters, lamps, bulbs, wiring, and candles. NATIONAL FIREIV ............................................................ . PROTECTION ASSOCIATION IMF]The le i „tomnuon and hnMed�a reaarao an to obctleal and Waxd hmards nfpa.orgfeducatiort ONFPA2018 Ir SATURDAY, MAY 28o 2022 10MANNUAL FIREFIGHTER / EMT AUCTION CRUISE Join the men and women of the Phoenix Chapter of the Alaska State Firefighters Association for an auction and dinner cruise! Seward, Bear Creek, Moose Paws, and Lowell Paint residents - Support your local firefighters and EMTs Stop by the Seward Fire Dept. or Ca for tickets today Cruise runs 6:30 — ' 0:00 j Check -Err at Major Marine Tours c 'mail Boar Harbor at 5:45 Cruise & dinnerprovided in part by the generosity of MMT & their staff. 58 Harbor Harbormaster Norm Regis ➢ The 330-ton Travelift is busy this week due to warming temperatures, we are currently placing vessels into and out of the water. ➢ We are clearing snow/ice in the SMIC yard, with the warming weather the crew is trying to keep the SMIC yard water flowing into the ditches. ➢ The water at SMIC has become an issue, the harbor crew is working to resolve the water ponds under the boats, letting the owners know they need to keep a path shoveled for the water to drain. ➢ The water throughout the harbor has been turned off, there are several locations that we will have water on for the winter. ➢ We are still working with the public with COVID protocol in mind while continuing to do boat lifts and public contact in the Seward Harbor office. ➢ A continuous cleanup is still in process on the last lot at SMIC, this cleanup is starting to take shape, just a few more items to deal with and we can lease out the property again. ➢ The harbor office is fully staffed. ➢ The harbor office is on its winter schedule and are open Monday through Saturday. The Sunday harbor crew will check phone messages throughout the day and respond as necessary. ➢ Continuing to have meetings for the North East harbor launch ramp, last week the contractor has disassembled the old launch ramp. ➢ Global Diving & Salvage, will start replacing the anodes in April 2022 they anticipate just about a week and a half of work to complete the project. ➢ Harris Sand and Gravel has completed installing the new G, K and L-floats waiting on some hardware to finish the project. ➢ We are continuing to work with Moffatt & Nicole on the design for the 5-ton crane on I -Dock. ➢ We are also working with PND Engineers on a wash -down pad located by the 50-ton travelift. ➢ The Port Infrastructure Development Program was released we are working with PND engineers to write the grant for the wash -down pad. 6T] Seward Community Library & Museum Bailey Sayler MUSEUM WINDOW DISPLAY Naval Radio Station The Seward Naval Radio Station is featured in the Windows of History display. Learn about the radio station that was built near the head of Resurrection Bay in 1917, caught fire in 1935 and was subsequently abandoned. View pictures of the radio station from the late 1910's when it was at its best and pictures from 1935 when it burned down. Also, on display are recent photographs depicting the last building succumbing to Mother Nature. March Artifact of the Month Photos of General Davis and General Rousseau The March Artifact of the Month is a pair of photos of General Jefferson C. Davis and General Lovell H. Rousseau who played key roles in the transfer of Alaska from Russia to the USA. Gen. Davis was the first commander of the Department of Alaska, as Alaska was called before it became the Territory of Alaska (1912) and then the State of Alaska (1959). Gen. Rousseau was assigned to duty in Alaska in March of 1867, just two days before the Alaska Purchase Treaty was signed, and was present at the transfer ceremony in October of the same year. March Game Night and Library Open House Library Appreciation Week is April 3rd _gtn The Library will be hosting an Open House and Game Night, April 9th from 3-5 p.m. The Library will have Jeopardy, Giant connect 4, life size Jenga, and other board games. We also will be show casing the new computers that were paid for by the Institute of Museum and Library Services. Come join the library for a night of family fun. Tot -Time Every Tuesdays and Thursday, the Library and Parks-n-Rec, work together to bring arts n crafts, story time, and play time for our younger crowd. Discovery Kits We have new Discovery Kits out for the public to use. New kits include Montessori letters and numbers, Zoo -Phonics, Anatomy, cells, Time, Planets, Aquatic Discovery, and many more. Library hours Tuesday — Friday 9 a.m. — 6 p.m. Saturdays 9 a.m. — 5 p.m. [:317 Museum Hours Friday — Saturday 1 p.m. — 5 p.m. We are currently taking passport appointments for new passports. The library does not do renewals. Please call 907-224-4082 to make an appointment. Parks & Recreation Tyler Florence Subscribe to the Parks & Rec Newsletter: https://tinyurl.com/sewardparksnewsletter • Advertising and hiring for summer seasonal positions. • Developed and issued a request for proposal for gardening services. • Continue working on parking enforcement solutions. • Maintenance crew is prepping equipment and facilities for summer season. • Ordered bags from the Alaskans for Litter Prevention & Recycling (ALPAR) program and spoke with their rep about the status of their Youth Litter Patrol (YLP) program. Municipalities are ineligible for YLP funds for 2022, however, nonprofits entities are. We have spoken to Sustainable Seward regarding this topic and have encouraged them and encourage other nonprofits to apply. • Spoke with a rep from Rotary regarding a trail building project. • Ventrac has been delivered and crews are conducting training and operational testing. Campgrounds Seward Parks & Recreation manages over 400 RV and tent sites. Reserve on Campspot today: https: //www.cityofseward.us/departments/parks-recreation/campa rounds YTD Cam s of Bookings as of 03/18/22 Period Site Nights Revenue Completed Bookings 6 $ 90 Advance Bookings 2 $ 30 Total: 8 $ 120 Sports & Recreation AVTEC Gym Parks & Recreation provides public recreation programs at the AVTEC Gym (aka Student Services Center) through a facility use agreement with the school. Visit RecDesk for details. Register for programs and reserve facilities: https://seward.recdesk.com/Community/Home Sign up for a Membership at AVTEC GYM: htti)s://seward.recdesk.com/Community/Membership?tvi)e=20 View program details: https: //www.cityofseward.us/departments/parks-recreation/sports-recreation Program Name Date Total AVTEC Usage 3/10-3/12 97 Urbach Youth Basketball Registration 3/19 51 Youth Archery 3/15 4 Open Archery 3/15 3 I.% Ongoing Programs • Competitive Volleyball League • Tot Time Friday's at AVTEC 10:30 -12pm • Youth Archery • Open Archery Range • Winter Equipment Rentals • Open Basketball Thursday nights at AVTEC 6-8pm • Open Volleyball Friday nights at AVTEC 6-8pm • Open Soccer Saturday nights at AVTEC 6-8pm • Racquetball courts can be reserved at Seward.recdesk.com • Sauna hours: Thursday/Saturday: Men 5-6pm, Women 6-7pm May 14 - Pink Cheeks • Volunteer registration available on signupgenius.com • Race registration available on runsignup.com May 22 — Exit Glacier 5k/10k Registration available on runsignup.com 63 Public Works Department Doug Schoessler ➢ Streets and Snow Removal: Is this the real "Breakup" for spring? This has been a very challenging year across the Peninsula and Alaska. Other communities are all reporting extra tough conditions and overtime for snow and ice on roads with difficult snow pack and starting breakup. At least one city had to go back to council for additional funding for snow removal. The worst roads are getting some thawed out gravel on top and are starting to smooth out. They are still frozen below and that will continue to improve with warmer temperatures. ➢ Wastewater and Lagoon overview study: This study is complete. The third -party study was presented by R & M Engineering at the October 25 Council Meeting. Recommendations are as follows: 1. Using a multi -function portable probe, perform summertime DO, pH and temperature measurement profiles in grid pattern from both lagoons during a period of non -rainy conditions and at least 3 days after a significant rain or high user population event. For items 1 & 2, testing is scheduled for June 2022 2. During the same effort, from at least four separate locations in each lagoon aeration zone (front and back zones of both basins), collect composite samples of BOD, TSS, carbonaceous BOD (CBOD), soluble carbonaceous BOD (SCBOD), ammonia, total Kjeldahl nitrogen (TKN), alkalinity, nitrites nitrates 3. Consider the eventual supplementing or replacement of the existing coarse bubble aeration system with a fine -bubble aeration system. R & Mis finalizing cost estimates for #'s 3 and 4. We will meet with them on March 215t to decide on a ,elan forward. 4. Consider replacing the existing blowers with new, more -efficient units having a higher aeration output to increase the capacity of the existing aeration system for improved treatment of greater -than -average conditions. 5. Consider modifying the influent and effluent header piping to provide additional inlets and outlets serving each basin. After #'s 3 and 4 above, R & M will also provide 6. Continue implementing a regular sludge removal program. Scheduled for 2025/2026. Consider the procurement of a floating dredge unit to reduce the need for dewatering the lagoon basins for this effort. R&M and their subcontractor will investigate further to determine whether a floating dredge can work this lagoon with all the underwater infrastructure. 64 7. The use of sodium nitrate could continue to be used by the City as a relatively quick and temporary measure for addressing odors. This method does not appear to be a good permanent solution for proactively mitigating or preventing odors. Agreed, when the above aeration improvements are approved and installed, this use will be reduced. ➢ Level 1 & 2 Soil investigations at the Public Works Facility on 6t" Ave.: CITY OF SEWARD SHOP SEWARD, ALASKA -Council Approved the Geotechnical task for R&M to do this work. They anticipate being able to drill the soil borings in mid to late March. -*Update: This total price will drop since we recently determined the pit drain in the shop is fully sealed concrete with an oil/water separator design under the floor grate. This identified area will not have a clean up or further mitigation. -R&M Consultants provided a proposal for remediation to meet DEC guidelines. We have approved them to do Task-1 to get the process started, this initial Task-1 cost is $11,910.70 and gets R&M working on the Sampling and Analysis Plan (Work Plan). -*Note: The total cost of the proposal is $109,150 and will come back to Council in the spring of 2022 for approval of the balance. That next portion includes disposal of any contaminated soil disturbed or generated by the test well borings. R&M Consultants will also write project records and report all required correspondence with DEC. W Seward Chamber March 2022 Report CHAMBER The Seward Chamber of Commerce has been focusing on creating shoulder season community events, managing an influx of tourism for the 2022 season, and creating a Hometown Guide for those who live or relocate to Seward. Membership Our new membership coordinator has been transitioning into her new role, marking one month on the job and already accomplishing a lot: • Organizing our first post-COVID chamber luncheon with AKSBDC advisor KellyAnne • Continuing Chamber After 5 in April with Speaker Christy Terry • Creating a membership survey for release in April Community Awards March 26, 2022 @ 6 PM Temple Studios The whole team has been working on putting together this year's Community Awards ceremony. Karen has been tackling event planning with Temple Studios while Sam has been working logistics of nominations and voting. It will be a great night to celebrate our community. By the time I give this report in person, I'll be able to tell you who won - exciting! Hometown Guide Ad Deadline on March 21 Published by May 1 We're hard at work on the Seward Hometown Guide, currently doing photo aggregation, and design. We're excited to be working with Aisha of Tiny Solutions to create an on -brand addition to our fleet of publications. We'll be collaborating with the city and local businesses to insure that all the information is pertinent. Visitor Center • We've extended our hours and are restocking our rack cards • Have over 80 responses to our "when do you open" question • We should have enough staff to man the SSD booth this year! • Updating our referral list and prepping for seasonal staff • Creating Post Cards & Swag to sell • Completely rearranged and freshened up the Visitor Center - swing by and check it out! 66 MARCH 2O22 CHAMBER DIRECTOR REPORT Double Scoops @ ASLC May 12 @ SeaLife Center We're bringing back the Ice Cream Social, but with a twist! This year, businesses are invited to set up a booth at our "Double Scoops" event to showcase what they do to the seasonal front line workers of Seward. while also recruiting workers for a second job. Stay tuned for more information as the date gets closer! Other projects 4th of July • 20 Vendors with applications submitted to participated • 4 vendors in interim • Exploring new layout options with the city for vendors • Waiting to hear back on permitting and insurance • MMR registration through 4/1 • Working with the city to discuss winter activities for 2023 and solutions to the housing crisis in Seward • Submitted Salmon Derby interpretive panels for the KMTA grant • Planning for the Great Alaska Sportsman Show in April, as a chance to showcase Seward to the great Anchorage area. • Brought fire extinguisher services to town for three days • Collaborating with ASLC on Seabird Week Fun Tourism Data This month we are showcasing data to compare event date periods over time. Attached you will find visitation numbers from 4th of July and the Silver Salmon Derby annually back to 2018. Some fun things to note: • 23% decrease in visitors with 4/7 race date • High numbers of Alaska visitation for both events with Anchorage and Wasilla being our #1 fans • Even for a downtown oriented event (MMR), nearly all visitors go to the boat harbor. The inverse is not true about the Salmon Derby. I'm beginning to share this data on our Membership portal to drive visitation to the portal, and to make access to these numbers a member benefit - so all those members out there, feel free to login and check it out online through your member portal. 67 MARCH 2O22 CHAMBER DIRECTOR REPORT SEWARD, ALASKA EVENTS B ATA F Y Mount Marathon Race 2018, 2019, 2020, 2021 Mtenden�e Son,d �eilv'ruend event setup o e Lvent Overview 4th of July -!Hunt Marathon 2018 41h of July -- hbunt Marathon 2019 4th of July Mourn Marathon 2020 71h of Ju1y -Mount Alara[h on 202 i 2�1; 1A1B-7.'S: 1- i i'D I :.., YOZ6-]+5I103A 'Me - l'% le" Visitors Visitors Visitors Visitors 3.254 3,457 Local Local Local Local 3,203 2,813 Visitor 8,320 Visitor 22,148 23,794 18,337 Visitor Visitor Datafy© 2021 13 68 Anchorage, AK - 3,930 Wasilla, AK 789 Eagle River, AK M 527 Soldotna, AK 365 Kenai, AK 1 242 Palmer, AN 1 237 Fairbanks, AK 216 Miami, FL 198 San Pedro, CA 179 Seattle, WA 153 Chugiak, AK 142 Portland, OR 113 Phoenix, Al 121 San Jose, CA 121 Minneapolis, MN 107 Tucson, AZ 106 North Pole, AK 102 Chicago, IL 99 Dallas, TX 99 Anchorage, AK - 4,142 Wasilla, AK 864 Eagle River, AK 700 Palmer. AK 309 Soldotna, AN 267 Seattle, WA 249 Kenai, AN 216 Fairbanks, AN 178 Chugiak. AK 16D Jber, AK 133 Minneapolis, MN 122 San Jose, CA 122 North Pale, AK 119 Juneau, AK 118 Miami, FL 114 Houston, Tx 112 Dallas, TK 170 Indianapolis, IN 100 Chicago, IL 93 Mount Marathon Race To Cities 2018, 2 19, 2020, 2021 Anchorage, AK - 2,354 Wasilla, AK 0 541 Eagle River, AN 444 Fairbanks, AK 261 Soldotna, AN 1% Jber, AN 163 Kenai, AN 137 Chugiak, AK 126 Palmer, AN 115 North Pole, AK 95 San Antonio, T% 91 Sterling, AK 77 Fort Wainwright. AN 74 Mesa, AZ 67 East Grand Forks, MN 64 Vancouver, WA 63 Girdwood. AK 56 Atlanta, GA 54 Rogers, MN 51 Anchorage, AN - 2,146 Wasilla, AN 619 Eagle River, AN 290 Soldotna, AN 199 Palmer, AK 196 Chugiak, AN 164 Jber, AK 16, Houston, T% 153 Fairbanks, AN 145 Kenai, AN 144 Phoenix, AZ 139 Saint Paul, MN 120 Las Vegas, NV 110 Oshkosh, WI 110 Mesa, AZ 98 Brentwood, TN 97 Minneapolis, MN 92 Austin, TX 91 Salt Lake City, UT 88 Datafy© 2021 16 Mount Marathon Race Correlation Event Correhattan rt July Marathon.. snare �x 3m� ■�� 4th of July -- - a Mount Marathon.. .n.,+rr.v L 1as 4th or My -- MountMaralhon.. -` 7th .1 Mount Marathon„ 'rware _i 69 Visitors 2,929 Local 25,699 Visitor Alaska — 5,560 Calllomla — 2,617 Texas _ 2,077 Florida lily 1,493 Washington 921 Minnesota 896 New York 767 Michigan W Pennsylvania 634 Colorad, 612 Illinois 579 New Jersey 552 Wisconsin 521 Arizona 511 Virginia 476 Ohio M8 Maryland 418 North Carolina 387 Indiana 375 non Derby 2019 3/2019 - 9/19/2019 reward Ak Visitors 3,304 Local 27,939 Visitor Alaska — 7,983 California Terri 1,659 Florida 1,263 Minnesota 1,195 Washington 984 New York 876 Michigan 731 Pennsylvanl 681 Wisconsin 624 North Carolina 603 New Jersey 546 Arizona 533 Ihin- 500 Ohl, 466 Maryland 452 Virginia 451 Colorado 424 Utah 424 Salmon Derby 2018, 2019, 2020, 2021 Salmon Derby 2020 8/8/2020 - 8M6/2020 eward AK Visitors Local 2,857 Visitor 13,597 Alaska — 7,069 Texas 565 Washington 495 Minnesota 493 Californio 467 Florida 358 Arizona 336 Colorado 267 New York 241 Georgia 235 Illinois 229 Michigan 210 Virginia 195 Wizconsin I Pennsylvania 182 Ohio 142 Missouri 133 Idaho 132 Iowa 130 Salmon Derby 2021 8/14/2021-8/22/2021 sew- Ak Visitors Local 3,180 Visitor 18,273 Datafy© 2021 19 Salmon Derby Top States 2018, 2019, 2020, 2021 Alaska — 3.733 Celli/arnia t, 36S Texas M. 1,018 Minnesota - 949 Washington Wisconsin E 726 Florida 723 New York 621 Michigan 568 Arizona 549 Virginia 434 Oregon 427 North Carolina Ohio 400 Colorado 369 348 Missouri 347 Illinois 339 Utah 336 Georgia 324 Datafy© 2021 110 70 ,4 13 2 Happy Youth Programs + Have you thought about becoming an in -home childcare provider? ,e $2,500 sign-up BONUS! ! V Up to $7,500 to reimburse startup costs! Startup assistance can cover: -Business licensing and fees. -Computer equipment and business software. -Safety equipment. -Home modification. Peer support provided l IJ Benefits of being an in -home childcare provider: -Steady source of income. -You'll support friends and neighbors. -Building community. -Support a healthy economy. -Make a positive impact! Let HYPER help you get started TODAY! Apply NOW! iiiWIC33 VC3 0 �o a Seward Childcare Provider Startup Assistance Program Application Program Description Childcare Provider Startup Assistance Program is administered by Happy Youth Programs and Educational Resources (HYPER) to increase the licensed childcare opportunities for Seward Families. enriching kids through play Program funds can be used for the purposes of Start Up Funds: • New programs to become fully registered/licensed through the State of Alaska; or programs that have become registered/licensed within 6 months of grant application. • State and local business licenses fee • Licensing compliance such as balance of funds needed for fencing, egress windows, indoor/outdoor equipment, materials, etc. • Business equipment such as a computer, printer, and/or software to manage business logistics. • Education and trainings to meet required hours for licensing through the State of Alaska. Program Funds cannot be used for the following: • Liability or home/renter's insurance • Non -childcare specific items for the program It is a reasonable expectation that purchases including shipping and handling are covered as part of the awarded funds. If awarded these funds, grantees will purchase the approved items and then submit the receipts for reimbursement or choose to have granting organization make the purchase and have the materials shipped directly to the program. Awardee Requirements • Meet twice monthly with HYPER Program Developer for first 6 months following award • Meet monthly with HYPER Program Developer for 6 months following the first 6 months Director Name Facility Name Physical Address Mailing Address Email Name of Child Care Licensor (if known) Date Phone Number City City Facility Type: (Please check) ❑In Home (up to 8 children) ❑Group (up to 12 children) ❑ Center (13 or more children) 1. Have you ever been licensed before? ❑Yes ❑ No If so, when? Why did you discontinue providing care? 2. Are you currently caring for children? ❑Yes ❑No If yes, please describe your program and ages being served: 3. If you are a new provider, what has prompted you to open a childcare? 4. Will you purchase items and request reimbursement? ❑Yes ❑No 5. Will you request grantor program to purchase items and shTIS to the program? ❑Yes [:]No Page 1 of 2 R-2-14-22 Information Design, Inc. Please initial the following statements: I agree to work with the HYPER Program Developer throughout this process. This includes, but is not limited to: Together, create a timeline for the licensing application approval if appropriate. Together, create a training plan for the first year of operation. I agree to be an active participant in regularly scheduled meetings with the HYPER Program Developer. I agree I must become licensed within 6 months of receiving this grant. I agree that if I do not complete the licensing process or do not receive an approved license, any amount awarded must be repaid in full to HYPER within 3 months. I agree that upon receiving these grant funds I will remain open for one year from the initial approval date. If the program closes before that date, any amount awarded must be repaid in full within 3 months of closure. I agree that I have read and completed the full grant application, including the list of purchase. Incomplete applications will not be considered. I understand and agree that I am indemnifying HYPER and their fiscal agent Seward Prevention Coalition in any liability/responsibility in the operation of items received through this grant. HYPER and their fiscal agent Seward Prevention Coalition is not responsible for any incident that may occur during delivery, construction, or day to day operations of the Facility/Program which received the grant. I understand that once signed, this application is the grant contract and HYPER will indicate the total amount awarded and provide me a copy. Fill out the table provided: See example below. Please attach any additional documentation to verify cost (e.g. construction estimate, pictures, etc.) Please attach additional pages as needed. Item How will this item benefit your program # of Items Cost/item Total Examples: Nap Mats Provide a comfortable, safe place for the children to rest 6 $25.00 $150.00 State Business License Allow legal operation of business 1 $100.00 $100.00 TOTAL AMOUNT REQUESTED $ (including any costs on additional pages attached) If not initialed above and signed below your grant will be returned and/or denied, and funds may not be awarded. Provider Signature Printed Name FOR HYPER USE ONLY Date Congratulations! Your application has been received and approved by the Board. Total Amount Awarded $ HYPER Program Developer Signature Date 73 Page 2 of 2 R-2-14-22 Information Design, Inc. c 0 O V v 0 ld E H •T CY � 7 N c® a VI u'7 y a �� Q Y' ���f,, V7 �.. 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Total Client Hours 133.84 459.00 29% 2. Advising Hours 114.83 384.00 30% 3. Administrative Hours 18.50 75.00 25% 4. Total Clients Counseled 29 56 52% 5. New Businesses Started & Bought 2 8 25% 6. Jobs Supported 30 94 32% 7. Capital Infusion $125,000.00 $825,000.00 15% 8. SBA Success Stories 0 2 0% 88 https://aksbdc.neoserra.com/scorecards/goalset/327 1 /1 z k 0 0 �F W aQT g x oa z < W WZ N gOqgw ¢p z0 z o N J F 3cc Lu o WCh F S O z W W // C WW o c w N L Lu J z/ W W �W O o CD Is 0 f � jf� I # W W W I z a �a I Jo �o Op l za 060 =a I auj , j zc LL0 I 10 44 riR a + ^�. to W LU � e J e-- ---- :@IFIS Told yFXZZ :�odA 6s P'youoyy ZZOZ Xl!O\SjdaouoO\luawdola-a oo!uyoal\lou!wjal /aft—od PJomaS\IJOd P/omaS\Sloafw, L1VDO] 2139111N Nf IIVZIJOHInVM1 OdHOO od zu M P 6.� ��`6� JNI'S1NviinSNOD WRN b Q gt6J'1SS waf assbd �o.►�rnaS Lo:�tll' _ _ O �� 1' a w Ann, � IJ p 3 � - tM.) z U �0 VJ =2 30 - H D wo�m wo 0o U Y W x= 3 °zIx \ �� W-fig QC� \ Wi ZH N I..L \ O LL U z o O X -31A;. ...,�; ,y;rr;{ .f JdS. w'�",.♦ i o t _ o z W St :tYyiAy,��1N.��r•id./J npsty,'�.'ty,�`���'�b';• LLI FT 9 z \r U OUy � O aOp O K Q W O Q W LL - W �u Q O t U Resolution 2022-031 Documents: • Agenda Statement • Resolution 2021-031 • Attachments: o Appraisal FMV of Parcel #14502419 o Letter to Acquire 54857 Seward AP Pcl.5 o Brochure of Real Property for Federal and Federal Aid Programs 011 City Council Agenda Statement Meeting Date: March 14, 2022 To: City Council From: Janette Bower, City Manager Agenda Item: Resolution 2022-031: Authorizing the Sale of Parcel #14502419 containing 25.395 Acres to the State of Alaska Department of Transportation and Public Facilities for the Improvement Project No. Z548570000 in Improving the Seward Airport for the Fair Market Value (FMV) That Has Been Determined to be $2,000 Background and justification: The City of Seward owns the submerged property on Parcel # 14502419 that consist of 25.395 acres adjacent to the Seward Airport. This property consists of only tidelands/submerged lands that have no improvements. It is located in the East 1/2 of Section 2, Township, 1 South, Range 1 West, Seward Meridian, and that portion located in Section 3, Township, 1 Range West, Seward, Meridian, and bounded on the West by Parcels B and C, U.S. Survey 9000. The State of Alaska Department of Transportation is requesting to acquire parcel 5 to rehabilitate the facilities and to protect against further damage from the recurrent flooding of RW 13-31. The improvement project No. Z548570000 includes reconstruction of the existing two runways, placing erosion control measures, widening the taxiway, and installing new lighting, markings, and fencing. Parcel #14502419 is appraised at the Fair Market Value of $2,000. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.4.3 Improve the usability of the state-owned a Strategic Plan: Improve the State Airport Other: 01000-0000-4610 Surplus Land Sale Revenue account. Certification of Funds Total amount of funds listed in this legislation: $ 2,000 This legislation (✓): X Creates revenue in the amount of: $ 2,000 Creates expenditure in amount of: $ Creates a savings in the amount of: $ Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted Not applicable t, Finance Signature: 4" "? �t,>, ON Attorney Review✓ I I Administration Recommendation X Yes Not applicable xeAdopt Resolution Other: ON Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2022-031 A Resolution of the City Council of the City of Seward, Alaska, Authorizing the Sale of Parcel #14502419 Containing 25.395 Acres to the State of Alaska Department of Transportation and Public Facilities for the Improvement Project NO. Z548570000 in Improving the Seward Airport for the Fair Market Value (FMV) that has been Determined to be $2,000.00 WHEREAS, the City has possession of parcel #14502419, also known as Parcel 5, located in the East '/z of Section 2, Township, 1 South, Range 1 West, Seward Meridian, and that portion located in Section 3, Township, 1 Range West, Seward, Meridian, and bounded on the West by Parcels B and C, U.S. Survey 9000; and WHEREAS, the property parcel #14502419, is irregularly shaped area that consist of 25.395 acres (1,106,206 sq ft) that consist only of tidelands/submerged lands that have no improvements; and WHEREAS, the Alaska Department of Transportation and Public Facilities want to acquire the parcel for improvement project No. Z548570000, which includes reconstruction of the existing two runways, placing erosion control measures, widening the taxiway, and installing new lighting, markings, and fencing; and WHEREAS, the Alaska Department of Transportation plans to improve the Seward Airport to rehabilitate the facilities and to protect against further damage from flooding of RW13-31 to make it suitable as a runway for the FAA approved critical aircraft once they close RW 13-31 due to flood risk; and WHEREAS, the fair market value (FMV) for the Parcel # 14502419 is determined to be $2,000, according an August 31,2021 appraisal by Black -Smith, Bethard & Carlson, LLC; and WHEREAS, the City Code §7.05.610 provides, should the city decide to dispose of interest in any tide or submerged land, the city shall grant to the owner of upland property adjacent to said tide and submerged land a first preference to acquire said interest over other applicants/bidders. The upland owner shall be notified by certified mail or by a posting of a notice for three consecutive weeks of his right to exercise his preference. The upland owner shall then have 90 days to exercise this preference under this section. If the preference is not exercised by the upland owner, then the city may dispose of the tide and submerged land to others. It shall not be required that the city offer its tide and submerged lands for disposal should the city determine that it is not in its best interests to dispose of such land. The city may itself make such use of its tide and submerged lands as it may consider in the public interest without offering the tide and submerged lands to others; and 94 CITY OF SEWARD, ALASKA RESOLUTION 2022-031 WHEREAS, the upland property and property to the North are owned by the State of Alaska, rendering the code requirements of notice to the upland property owner unnecessary. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council determined by City Code §7.05.610, Article 5. Tidelands. That the relevant regulations implement, interpret, and apply the provisions of the Alaska Land Act concerning use and disposal of tide and submerged lands and related matters and extended to and include applicable provisions of Public Law 85-303(Ord 92-05). Section 2. The Seward City Council authorizes disposal of Parcel 914502419, located in the East '/z of Section 2, Township, 1 South, Range 1 West, Seward Meridian, and that portion located in Section 3, Township, 1 Range West, Seward, Meridian, and bounded on the West by Parcels B and C, U.S. Survey 9000 to the State of Alaska Department of Transportation and Public Facilities for $2,000.00 Section 3. The City of Seward finds it to be in the public interest to sell this parcel #5 in accordance with the City Code § 7.05, Article 5. The State of Alaska, Department of Transportation will utilize the property for the purpose of improvements and reconstruction of the existing two runways, place erosion control measures, widening of the taxi way and installing new lighting, markings and fencing. Section 4: The revenue for the sale of the Parcel #14502419 containing 25.395 Acres in the amount of $2,000.00 is hereby accepted to 01000-0000-4610 Surplus Land Sale Revenue account no. Section 5. This resolution shall take effect upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 14th day of March 2022. THE CITY OF SEWARD, ALASKA Christy Terry, Mayor Oil THE STATE °'ALASKA GOVERNOR MICHAEL J. DUNLF—WY February 1, 2021 City of Seward Attn: Janette Bower, City Manager P.O. Box 167 Seward, AK 99664 Re: Seward Airport Improvements Z545870000 Pcl. 5 Mrs. Bower: Department of Transportation and Public Facilities DESIGN & ENGINEERING SERVICES CENTRAL REGION RIGHT OF WAY PO Box 196900 Anchorage, Alaska 99519-6900 Phone: 907.269.0700 Toll Free: 800.770.5263 TDD: 907.269.0473 TTY: 800.770.8973 Fax: 907.269.0489 As you know, the State of Alaska Department of Transportation and Public Facilities (DOT&PF) plans to improve the Seward Airport to rehabilitate the facilities and to protect against further damage from the recurrent flooding of RW 13-31. The improvements include lengthening RW 16-34 to 3300' and shifting it east to make it suitable as a runway for the FAA approved critical aircraft once we close RW 13-31 due to flood risk. As requested by the City of Seward, the new runway is designed to be lengthened to 4000' (700' more towards the bay) once the aircraft fleet qualifies and the funding can be obtained. DOT&PF is acquiring parcel 5 to protect the aircraft approaches which extend from the bay toward the new (and eventually toward the extended) runway. It is DOT&PF's intent to purchase parcel 5 for the improvements listed above for the Seward Airport. The Fair Market Value (FMV) has been determined to be $2,000.00. This offer is based on the appraisal completed by an independent real estate appraiser and a copy was included in the original offer packet. According to the appraisal, the fair market value of the property is $75.00 per acre (AC). Your purchase offer is calculated as follows: Parcel 5: 25.395 AC @ $75.00 per AC = $2,000.00 Rounded If I can provide additional information, call me direct at 1-907-269-0694 or e-mail at Karrico.Nichols@alaska.gov. If you are calling from outside the local calling area, please dial toll free at 1-800-770-5263 ext. 0694. I look forward to working with you to make this project a success for you, the DOT&PF, and the public. Sincerely, Karricohols Right of Way Agent `Keep Alaska Moving through service and infrastructure. " 96 "BAYEND 1964" * I `N 1 l Iw Q REMAINDER lw_ LOT 3 y i USS 9000 fn 1 ' cp I AIRPORT �� ; BOUNDARY TRACTI PARCELS 1 N83045'36"E 246.68' UNSURVEYED REMAINDER USS 722 -:�l N50046'36"E i c' 277.24'� 1 / AE�9��Q r15J p\N�SS : MHW LINE RESURRECTION :::•:•:•:•:•::•:::::::::::::::::::...:.::: / QP� N83°44'36"E 389.40' / BAY cn" w� cn � z C5 ATS 174 - w ....:........::::::::::::::. rn PARCEL 5 UNSURVEYED rj REMAINDER w� PARCEL B N W TiSR1w USS 9000 s ... ............ / S M SEC. 2U 1 ................... ...... .. / •.•.•.•.•.•...•.•..•..•.•....•.•....•.•.•::.•...•.•..• . .. • / / ... /..../' S80°04'57V 930.1 / / / 01, . ® FOUND BRASS CAP / / / ' / / 0 150 300 600 AREA REMAINING � SCALE IN FEEL' NOTE: ALL DISTANCES SHOWN RIGHT-OF-WAY REQUIRED ARE GROUND DISTANCES STATE OF ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES RIGHT—OF—WAY REQUIRED FOR OWNER'S INITIAL SEWARD AIRPORT ATTACHED TO IMPROVEMENTS PAGE —OF DATED AKSAS Project No. Z548570000 SHEET 2 OF 3 GROSS TAKE 25.395 AC± NET TAKE 25.395 ACt DRAWN BY CES,KHE REMAIN LARGE DATE Feb 2021 PARCEL NO. 5 97 THE STATE °fALASKA GOVERNOR MICKkEL I DUNILLAGY November 22, 2021 City of Seward Attn: Janette Bower, City Manager P.O. Box 167 Seward, AK 99664 Re: Seward Airport Improvements Z545870000 Pcl. 5 Mrs. Bower: Department of Transportation and Public Facilities DESIGN & ENGINEERING SERVICES CENTRAL REGION RIGHT OF WAY PO Sox 196900 AnC'nor,age, A103t.a 99519.6900 Phone: 907.269.0700 oli Free 600.770 5263 TDD: 907.269.0473 1 i Y: 9100.7 70,8973 Fnx' 907.269.0a89 Certified Mail No.: 7019 2970 0000 5231 6617 As you know, the State of Alaska Department of Transportation and Public Facilities (DOT&PF) plans to improve the Seward Airport, such improvements include reconstruction of the existing two runways, place erosion control measure, widen the taxiway and install new lighting, markings and fencing. To build this project, the DOT&PF needs to purchase a portion of your property located in Seward, AK 99664. This letter presents the DOT&PF's offer to purchase your property and briefly explains the process. As the acquisition process for DOT&PF, differs from a typical open market transaction, I've enclosed a brochure entitled, "Acquiring Real Property for Federal and Federal -Aid Programs and Projects." This short pamphlet provides information about the DOT&PF's acquisition procedures and explains your rights as an owner of real property to be acquired for a federally funded project or program. The Offer Based on the approved Appraisal (copy enclosed) for Parcel No. 5 the Fair Market Value (FMV) has been determined to be $2,000.00. This offer is based on the enclosed appraisal completed by a independent real estate appraiser. According to the appraisal, the fair market value of the property is $75.00 per acre (AC). Your purchase offer is calculated as follows: "Keep A1,1Vhrr rllovilw thruuq=Ir scl-1.ice and infi- structure. " 98 Parcel 5: 25.395 AC @ $75.00 per AC = $2,000.00 Rounded This full price, one -offer policy is designed to protect property owners, provide fairness to the public, and implement uniformity to the acquisition process. All documents to execute the transaction are enclosed. A brief description of the documents and additional steps necessary to complete the transaction follow: Ouit Claim Deed. The Deed will operate to convey the property referred to as Parcel. No. 5 to the DOT&PF. Please sign the document and have your signature notarized. Notarization is required. Please sign and date the document where indicated. If you are signing for a business, trust, or partnership, the DOT&PF will also need a copy of the resolution that authorizes you to sign on its behalf to complete the process. Memorandum of Agreement. The MOA expresses the terms of the agreement in writing. Please sign and date the document where indicated. Notarization is not required. Purchase Voucher. A Purchase Voucher is needed to order payment. Please sign where indicated. IRS form W-9. The Internal Revenue Service requires that DOT&PF report sale proceeds for all real estate transactions. To help with that obligation, please complete the attached W-9 form. Payment cannot be processed without this information. Substitute Form W-9. The State of Alaska requires this form to issue payments. Please help us meet this requirement by completing the enclosed form and prevent a delay in payment. This for is in addition to the IRS W-9 form. If I can provide additional information, call me direct at 1-907-269-0694 or e-mail at Karrico.Nichols@alaska.gov. If you are calling from outside the local calling area, please dial toll free at 1-800-770-5263 ext. 0694. 1 look forward to working with you to make this project a success for you, the DOT&PF, and the public. Sincerely, arrico Nichols Right of Way Agent Attachments as stated above 99 DEPARTMENT OF TRANSPORTATION PROJECT NAME: SEWARD AIRPORT A;, AND PUBLIC FACILITIES IMPROVEMENTS STATE PROJECT M Z548570000 _ b r O,�,,,�= QUITCLAIM DEED FEDERAL -AID PROJECT#: (CorporatelPartial Property) PARCEL M 5 UNIT #: The GRANTOR, CITY OF SEWARD, whose mailing address is P.O. Box 167, Seward, Alaska 99664- 0524, for and in consideration of Ten Dollars ($10.00), and other valuable consideration, in hand paid, conveys and quitclaims to the GRANTEE, STATE OF ALASKA, DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES, whose mailing address is P.O. Box 196900, Anchorage, Alaska 99519-6900, all rights, title, and interest, if any, which it has or may hereinafter acquire in the following -described real estate located in the State of Alaska: That part of:: ALASKA TIDELAND SURVEY 174, according to Plat—S-55 filed in the Seward Recording District, Third Judicial District, State of Alaska; BUT ONLY TO THAT PORTION located in the East 1/2 of Section 2, Township 1 South, Range 1 West, Seward Meridian, and that portion located in Section 3, Township 1 South, Range 1 West, Seward Meridian, and bounded on the West by Parcels B and C, U.S. Survey 9000 i&'hich lies within the right-of-way lines of Alaska Project No. Z548570000, delineated as to said tract of land on the plat attached hereto and made a part of this instrument and designated as Parcel No. 5. Said parcel, containing 25.395 AC (acres), more or less, is hereby granted to the State of Alaska. Dated this day of , 202_. Return to: State of Alaska DOT&PF ROW Engineering P.O. Box 196900 Anchorage, AK 99519-6900 State Business -No Charge 25A-R640 (Rev 09/01/06) City of Seward: By; Its: 54857/ Seward Airport Improvements Page 1 of 100 CORPORATE ACKNOWLEDGMENT STATE OF ALASKA ss Third Judicial District ) On this day of , 202_ before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared for City of Seward, the Grantor, known to me to be the identical person who executed the foregoing instrument and who acknowledged to me that they signed the same freely and voluntarily, with full knowledge of its contents, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year above written. [NOTARY SEAL] Notary Public in and for the State of Alaska My Commission Expires: CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the STATE OF ALASKA, DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES, Grantee herein, acting by and through its Commissioner, hereby accepts for public purposes the real property, or interest therein, described in this instrument and consents to the recordation thereof. IN WITNESS WHEREOF, I have hereunto set my hand this _ day of _ 202 DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES By: 25A-R640 (Rev 09/01/06) For the Commissioner Page 2 of 2 101 RUNWAY \ "USS 149 \ \REMAINDER \ EAST 112 00 \ USS 722 00 \ GOVT J� LOT 4 O \ v \ LOT 3 USS 9000 :. "BAYEND 1964" I MATS 174 RM 19" _m -- 1 y RMDR. 1 USS 722 PARCEL C ::. . USS 9000 = = • •'• = •'•'• PAACEL 5 m o SEE LOT9 SHEET moo LISS9000ci=•••••••••• ATS 174 MHW IMP I I IIH I I T1 N, R1 W I T1 S, Ri W AIRPORT I BOUNDARY L — — EG1�ON VIESo1514 RIGHT-OF-WAY REQUIRED rss1w a 0 500 1000 2000 SEC 2d 3 ® FOUND BRASS CAP scnrS IN FM NOTE: ALL DISTANCES SHOWN ARE GROUND DISTANCES STATE OF ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES RIGHT—OF—WAY REQUIRED FOR OWNER'S INITIAL p SEWARD AIRPORT ATTACHED TO IMPROVEMENTS AKSAS Project No. Z548570000 PAGE—OFDATED SHEET 1 OF 3 GROSS TAKE 25.395 ACt d NET TAKE 25.395 ACt s DRAWN BY CES.KHE REMAIN LARGE u DATE Feb 2021 PARCEL NO. 5 102 THIS PLAT MAY BE USED FOR THE ESTABLISHMENT OF THE RIGHT—OF—WAY BOUNDARY ONLY, AND SHOULD NOT BE USED AS A BASIS FOR ESTABLISHING ADJOINING PROPERTY LINES AND CORNERS. THIS SEAL IS FOR ALL WORK CONTAINED ON SHEETS 1 & 2 FOR PARCEL 5 t law 0F s ra *: 49 T» ••* I ' CRAIG OWEN RANSON `� c• No, 11798 Aw PDC ENGINEERS 1028 AURORA DRIVE FAIRBANKS, ALASKA 99709-5529 PHONE (907) 452-1414 SHEET 3 OF 3 AKSAS Project No. Z548570000 PARCEL NO. 5 103 STATE OF ALASKA ,s DEPARTMENT OF TRANSt?ORTATION AND PUBLIC FACILITIES P.O. BOY 1467-JUNEAU, ALASKA 99802 PURCHASE VOUCHER NA1►IE OF PAYEE: CITY OF SENVARD ADDRESS OF PAYEE: c/o DOT&PF RIGHT OF NVA1 P.O. Box 196900 Anchorage, AK 99519-6900 DOCUMENT NO, 11ARRANT NO - DATE PAID PAYEE MUST SIGN THE CERTIFICATION BELOW AND RETURN THIS 1'OCCFIER TO THE DEPARTMENT OF TRA%SPORTAT1oN Date of Agreement Project Number Z548570000 Parcel Number Type of Document 5 WD Amount Seward Airport Improvements Project For the Benefit of City of Seward Payment for right of way Acquisition as shown on the Afemorandum of Agreement based on the $2,000.00 Approved Review Appraisers of Just Compensation, approved on 9/23/2021 RETURN WARRANT REQUESTED GRAND TOTAL (LESS DEDUCTIONS) $2,000.00 PAYEE'S CERTIFICATION: I certik that the above bill Is correct and just and that payment therefor has not been received: CITY OF SENVARD: Bv: Its: APPROVED BY: RIGHT-OFAI ►1(NE1;OT1 %11)R I ACCOUNTS TO BE CHARGED ACCOUNT CODE DEBIT CREDIT AAIOMT Z54857000-TC2000-120P $2,000.00 $2,000.00 I certify that the above services were Performed or GRAND TOTAL (NET) S2,000,00 expenses incurred as stated; that they were necessary and proptrr, that the amounts claimed are just and reasonable; that no pan thereof has been paid, PREPARED BY: APPROVED FOR PAYMENT IL.1tN CHECKED BY: REGIONALCHIEF RIGHT-OF-WAY AGENT 25A-R682 (Rev 03/10/03) Page 1 of 1 104 Farm W-9 Request for Taxpayer Give Form to the (Rev December201t) Identification Number and Certification requester. Do not Elepanmml ar tlr rreastsr send to the IRS. Interrtai Revenae Servka Name (as shown an your income tax return) ous•wss narnarcrsrayarce,: sr,u,y nsrnr, n ujnaneni ,rum a Wa Check appropriate box for federal tax claamfication: ❑ Individual/sate proprietor ❑ C Cor',,oratia-• ❑ S Ccrporation ❑ Parl�arship ❑ Trustfutate ❑ Limtled iiaUlty comp4ny Enter the tax classincaticn (C=C corporation, S=S corporetion, P=parfiersNp) ► Other 4" InstrueJona' ► !as (number, street and apt. or state no.) City, state, anti ZIP coca numbers► here (optional) Requester's name anti Enter your TIN in the appropriate box. The TiN provided must match the name given on the 'Name' fine I social security earnber to avoid backup withholdrg. For individuals, tMs is your social security number (SSM. However, for a resident alien, sore proprietor, or disregarded entity, see the Part I instructions on page 3. For other _ LL entities. R is your employer identification number (EIN)_ It you do not have a number, we Now to get a TIN on page 3. Note. If the account is n more than one name, see the chart on page 4 for guidelines on whose Employer men an number to enter. T (T--r Under penalties of perjury, I certify that- 1. The number shown on this form is my correct taxpayer Identification number (or f am weitmg for a number to be Issued to me), and Exempt payee 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service ORS) that I am subject to backup withholding as a result of a Fai'ure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S, person (defined below). Certification instructions. You must cross out Rem 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, Rem 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement pRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the Instructions on page 4. big I Signature of Here u.s- persons onu► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an Information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only i you are a U.S. person (Including a resident alien), to provide your correct TIN to the person requesting It {the requester] and, when applicable, to: 1. certify that the TiN you are giving Is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or Note. It a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form 9 it is substantially similar to this Fomn W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, ■ A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7), Special rules for partnerships. Partnerships that conduct a trade or business In the United States are generally required to pay a withholding tax an any foreign partners' share of income from such business. Further, In certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner Is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a 3. Claim exemption from backup withholding if you are a U.S. exempt Pier in a partnership conducting a trade or business in the United payee, If applicable, you are also cerdf*g that as a U.S. person, your States, provide Farts W-9 to the partnership to establish your U.S. allocable share of any partnership income from a U.S. trade or business status and avoid withholding on your share of partnership income Is not subject to the withholding tax an foreign partners' share of effectively connected income. Cat. No. 10231x Form W-9 (Rev 12-2011' 105 Form W-9 (Rev. 12-2011) Page 2 The person who gives Form W-9 to the partnership for purposes of establishing Its U,S. status and avoiding withholding on its allocable share of net Income from the partnership conducting a trade or business In the United States is In the following cases: • The U.S. owner of a disregarded entity and not the entity, • The U,S, grantor or other owner of a grantor trust and not the trust, and • The U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you are a foreign person, do not use Form W-9. instead, use the appropriate Form W-8 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident align who becomes a resident alien. Generally, orgy a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a'saving clause.' Exceptions specified In the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident efien who is relying on an exception contained In the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that species the following five Hems: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident allen. 2. The treaty article addressing the income. 3. The article number (or bcadon) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualfles for the exemption from tax. S. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes It his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30.1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualities for this exception (under paragraph 2 of the first protocoij and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship Income would attach to Form W-9 a statement that includes the Information described above to support that exemption - If you are a nonresident alien or a foreign entity not subject to backup withholding, give the requester the appropriate completed Form W-8, What Is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS a percentage of such payments. This is called "backup withholding." Payments that may be subject to backup withholding include Interest, tax-exempt Interest, dividends, broker and barter exchange transactions, rents, Mottles. nonemployee pay, and certain payments from fishing boat operators. Heal estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable Interest and dividends on your tax return. Payments you receive will be subject to backup withholding W. 1. You do not furnish your TiN to the requester, 2. You do not certify your TiN when required (see the Part II Instructions an page 3 for detals), 3. The IRS legs the requester that you furnished an Incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable Interest and dividends orgy), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (far reportable Interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding See the Instructions below and the separate Instructions for the Requester of Form W-9, Also see Special rules forpartnershrps on page 1. Updating Your Information You must provide updated information to any person to whom you claimed to be an exempt payee if you are no tonger an exempt payee and anticipate receiving reportable payments In the future from this person. For example, you may need to provide updated Information 9 you are a C corporation that elects to be an S corporation, or it you no longer are tax exempt. In addition, you must furnish a new Form W-9 it the name or TIN changes for the account, for example, if the grantor of a grantor trust dies, Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of S50 for each such failure unless your failure is due to reasonable cause and not to wilful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying Information. IMllfully falsifying certifications or affirmations may subject you to criminal penalties including fines andfor imprisonment Misuse of TINs. If the requester discloses or uses TiNS in Malian of federal law, the requester may be subject to civil and criminal penalties Specific Instructions Name If you are an individual, you must generally enter the name shown an your Income tax return. However, If you have changed your last name, for Instance, due to marriage without informing the Social Security Administration of the name change, enter your first name, the last name shown an your social security card, and your new last name. If the account is in joint names, list first, and then circle, the name of the person or entity whose number you entered in Part I of the form. Sole proprietor. Enter your individual name as shown on your income tax return on the "Name" One. You may enter your business, trade, or 'doing business as (DBA)' name on the 'Business name/disregarded entity name" line. Partnership, C Corporation, or S Corporation. Enter the entity's name on the 'Name' One and any business, trade, or "doing business as (SBA) name on the "Business name/disregarded entity name" One. Disregarded entity. Enter the owner's name on the "Name" One. The name of the entity entered an the 'Name" fine should never be a disregarded entity. The name on the 'Name" One must be the name shown on the income tax return out which the Income will be reported. For example, If a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a domestic owner, the domestic owner's name Is required to be provided on the "Name" line. If the direct owner of the entity Is also a disregarded entity. enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on the "Business name/disragarded entity name` One. If the owner of the disregarded entity Is a foreign person, you must complete an appropriate Form W-O. Note. Check the appropriate box for the federal tax ctassi(icatfon of the person whose name is entered on the 'Name" fine jlndividuWsole proprietor, Partnership, C Corporation, S Corporation, Trustlestate). UmHed Uablity Company (!LC). If the person identified an the 'Name' One Is an LLC, check the "Umited liability company box only and enter the appropriate code for the tax classification In the space provided. If you we an LLC that is treated as a partnership for federal tax purposes, enter "P" for partnership. H you are an LLC that has filed a Form 8832 or a Form 2553 to be taxed as a corporation. enter 'C" for C corporation or 'S' far S corporatiom if you are an LLC that is disregarded as an entity separate from its owner under Regulation section 301.7701-3 (except for employment and excise tax), do not check the LLC box unless the owner of the LLC (required to be Identified on the "Name" One) is another LLC that is not disregarded for federal tax purposes. If the LLC Is disregarded as an entity separate from Its owner, enter the appropriate tax classification of the owner Identified on the •Name" One 106 Form W9 (Flay. 12-2011) Page 3 other entitles. Enter your business name as shown on required federal tax documents on the "Name" fine. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DeA name on the "Business name/ disregarded entity name' line. Exempt Payee If you are exempt from backup withholding, enter your name as described above and check the appropriate box for your status, then check the `Exempt payee" box in the line following the "Business name/ disregarded entity name,' sign and date the form. Generally, Individuals (including sale proprietors) are not exempt from backup withholding. Corporations are exempt from backup withholding for certain payments, such as Interest and dividends. Note. If you are exempt from backup withholding, you should still complete this form to avoid possible erroneous backup withholding. The following payees are exempt from backup withholding: 1. An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of secticrt 401(f)(2), 2, The United States or any of its agencies or Instrumentalities, 3. A state, the District of Columbia, a possession of the United States, or any of their political subdivisions or Instrumentalities, 4. A foreign government or any of its political subdivisions, agencies, or instrumentalities, or S. An International organization or any of its agencies or Instrumentalities. Other payees that may be exempt from backup withholding include: 6. A corporation, 7. A foreign central bank of issue, 8. A dealer in securities or commodities required to register in the United States, the District of Columbia, or a possession of the United States, 9. A futures comm€ssfon merchant registered with the Commodity Futures Trading Commission, 10. A real estate investment trust, 11, An entity registered at all times during the tax year under the Investment Company Act of 1940, 12. A common trust fund operated by a bank under section S84(a), 13. A financial institution, 14. A middleman known in the Investment community as a nominee or custodian, or 15, A trust exempt from tax under section 664 or described in section 4947. The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 15. IF the payment is for... THEN the payment is exempt for... Interest and dividend payments All exempt payees except for 9 Broker transactions Exempt payees i through 5 and 7 through 13. Also, C corporations. Barter exchange transactions and Exempt payees 1 through 5 patronage dividends Payments over $60o required to be Generally, exempt payees reported and direct sales over 1 through 7' $5,000' 'See Form IM-MISC. lrfscella teaus Income, and b instn:ulom. r Hoy a-+er, the WG%ing prrments made to a corporation and r4utabiu an Form 1099-MLSC are not exempt from backup wiedwldinq: medical and health care payments, attameys' lees, gross proceeds paid to an attorney, and payments for services paid by a federal executive agency. Part I. Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TiN is your IRS individual taxpayer identification number RN). Enter It In the social security number box. If you do not have an MN, we Now to get a 771V below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN. If you are a single -member LLC that is disregarded as an entity separate from its owner (see Limited Liability Company (L1.C) on page 2), enter the owner's SSN (or EIN, if the owner has one). Do not enter the disregarded entity's EIN. If the LLC Is classified as a corporation or partnership, enter the entity's EiN, Note. See the chart on page 4 for further clarification of name and TiN combinations. How to get a TiN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local Social Security Administration office or get this forth online at www.magov, You may also get this form by calling 1-800-772-1213. Use Forth W-7, Application for IRS individual Taxpayer Identification Number, to apply for an {TIN, or Form SS-4, Application for Employer identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS webs€ a at www.ks.gov/businesses and clicking on Employer Identification Number (EIN) under Starting a Business. You can get Fom1s W-7 and SS-4 from the iRS by visiting IRS.gov or by calling 14800-TAX-FORM (1400-829-3676). If you are asked to complete Form W-9 but do not have a TIN, write 'Applied Foe in the space for the TIN, sign and data the form, and give It to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable Instruments, generally you will have 60 days to get a TIN and ghro it to the requester before you We subject to backup withholding on payments. The 60-day rule does not apply to other types of payments, You will be subject to backup withholding on all such payments until you provide your TiN to the requester. Nola. Entering "Applied For' means that you have already applied for a TIN or that you intend to apply for one soon. Caution: A asregarded domestic entity that has a foreign owner must use the appropifats Farm W-8. Part II. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even It Rem 1, below, and Items 4 and 5 on page 4 Indicate otherwise. For a joint account, only the person whose TIN is shown in Part f should sign (when required). In the case of a disregarded entity, the person identified on the "Name" line must sign. Exempt payees, see Exempt Payee on page 3. Signature requirements. Complete the certification as indicated in items 1 through 3, below, and hems 4 and 5 on page 4. 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TiN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after ISM and broker accounts considered inactive during IW& You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must crass out item 2 in the certification before signing the forth. 3. Real estate transactions. You must sign the certification. You may cross out kem 2 of the certification. 107 Form W-9 (Rev. 12.2011) Page 4 4. Other payments. You must give your correct TiN. but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. "Other payments" include payments made in the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemplayee for services, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TiN, but you do not have to sign the certification. What Name and Number To Give the Requester For this type of account Give name and SSN of- 1. Individual The individual 2. Two or more individuals (joint The actual owner of the account or. aunt) H combined finds. the first Individual on the arsount ' 3. Custodian account of a minor The minor' eJnUorrt Gift to Minors Act) 4. a. The usual revocabie savings The grantor -trustee' trust (grantor Is also trustee) Is. So-called trust accmuM that is The actual owner' not a legal or valid trivet under state taw 5. Sok proprietorship or d4regarded The owner' entity owned by an indlvidual 6. Grantor bust filing under Optkwnal The grantor Form 1029 Filing Method 1 {sea Regulation section 1s71-4ibN216]VU) For this type of account: Give name and EIN of: T. Disregarded entity not owned by an k,dividual The owner a. A valid trust estate. or pension trust Legal arility' Q. Corporation or LLC elee'Jng The corporation corporatebus on Form 8922 or Form 10. Asseclation, club, religious, The organization clarftable, educational, or other tax-exempt orgariziWon 11. Paruasship or multi-mernber LLG The partnership 12. A broker or registered nominee The broker or nominee 13. Account with the Department of The public entity Agrtcilture In the name of a pubic entity (such as a state or local govenanera, school dstrlct, or prison) that receives agricutturai Program lea 14. Grantor trust I116ng under the Farm The tnat 1041 Filling Mathad or the Optional Form 1(Ig9 Fling Method 2 rose Regolatlon section ' Lie arse and drele st■ name of as person wrma mrnbw you ertr m a Wy ors person w a Idnt account toss an SSN, Mal person's rmmber must be Krrtished ' Cirda the inli a's ramm and Imtfstt ttr ~s SSN. ' You mat slaw yorr kxfVdnl nerve and you may &Im enter year baFmsa or -E)W nacre an Ne •&aleass wnardsmWed $nary' norm Ww. You may uu elthef your SSN or EIN if you have cm), but fro M encaraeas you fo un your SSN. a Liu ink and dude Ifs nano of car Mat. Was, Or pendant fiat 00 rot finish to TIN of as penanal npruetttaew or etrtae taeess the lapel Wary aamll is net designated In the aemrsx tab.I Afro see SpWW nos AvpartrarsM=on pop S -Nab. Grantor also must prof a Fin WA co tm o of rust Note. if no name is circled when more than one name Is fisted, the number will be considered to be that of the first name listed. Secure Your Tax Regards from Identity Theft Identity theft occurs when someone uses yourpersonal information such as your name, social security number (SSN), or other identifying Information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to gat a job or may file a tax return using your SSN to receive a refund. To reduce your risk, • Protect your SSN, • Ensure your employer is protecting your SSN, and • Be careful when choosing a tax preparer. If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter. If your tax records are not currently affected by Identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-906-4490 or submit Form 14039. For more information, see Publication 4535, Identity Theft Prevention and Victim Assistance. Victims of identity theft who are experiencing economic harm or a system problem, or are seeking help In resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS tog -free case intake Ere at 1-877-777-4778 or TTYMD 1-800.829-4059. Protectyoursetf from auspicious email$ orphishing schemes. Phishing Is the creation and use of email and websitas designed to mimic legitimate business emaffs and websihm The most common act Is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user Into surrendering private informtion that will be used for identity theft The IRS does not initiate contacts with taxpayers via emel'Is. Also, the IRS does not request personal detailed Information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access Information for their credit card, bank, or other financial accounts. If you receive an unsolicited email claiming to be from the IRS, forward this message to phishingoirsgov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration at 1-800-366-4484. You can forward suspicious emaiI5 to the Federal Trade Commission at spamOuce.gov or contact them at www.ftc.gov/ldf ft or 1-877-IDTHEFT (1-877-438-4338), Visit IRS.gov to learn more about Identity theft and haw to reduce your risk Privacy Act Notice Section 6109 of the Internal Fiaverm Cade requires you to provide your correct TIN to persons (including federal agencies) who are required to file information retrm via the IRS to trtterest. <gik+ •• orcc�h crime Ic Ar^C i= -= t'.. }ru -ry a Intamst ycu paid• the acquLsittun or abandonment of sacred property; the tartca6etlart of debt: or contributions you made to an TK Archer MSA, or HSA. The person collecting this form uses the information on fie farm to fle information rearms with the : F1S, reporting the above infarmatidn. Rowena uses of this Information include giving It to the Department of Justice for civil and criminal litigation and to clies, states, the Dhstiot of Columbia, and U.S. possessions for use h administering their laws. The nfarmation also may be dsclosad to other cordiies under a treaty to federal and state agencies to anfarce ad and criminal laws, or to federal law enforcement and Intelgenee agendas to combat terrorism. You must provide your TIN whether of not you am required to Me a tax return. Under see lat 3406, payers must generally wttivnokt a percentage of taxable interest. dividend, and certain cew payments to a payee who does not give a TiN to the payer. Certain penalties may atric apply for providing false or fraudulent information. 108 State of Alaska RETUM CO21rPLETED FORM To. x. Department of Administration Department of Administration Division of Finance Substitute Form `V Tye —9 P.O. Box 110204 Juneau, AK 99811-0204 Questions? Email DO I DOE T�t:dor.He:pDe:k,!a4uk--, aw:: Or FAX to: (907) 465-2169 DO NOT Send to IRS Taxpayer Identification Number (TI`� Verification The Interim Rettaue Sc.Mct rryui;es the Sate ofAlssk.t to issue 1099 forms when payments to ;ndi iduals partnerships or limited liability companies for rents. services, pries, and awanit meet or eat:-ei S600 00 for the Year An IRS Form 1099 is not ;equlrad when px. mcn's .rre ipecifscalty for merchandiic or made to some ty cs of mrporatiutu. Print or T; a Please see attachment or reverse for complete instructions Legal Name (as shown on your income tax return) State of Alaska Vendor Number (if known) Business Name, if different from above (use if doing business as (DBA) or enter business name of Sole Proprietorship) Primary Address (for 1099 form) PO Box or Number and Street, Ciry. Srare, Zip + 4 Remit Address (where payment should be mailed, if different from Primary Address, PO Box or Number and Street, City. Statc, Zip + 4 Entity Designation (check only one type) Individ!Sole Proprietor Parrn ..hiual p General Corporation on Mao] Corporation Legal Corporation. Limire:l Liability Company — Ind ividual Limited Liability Company — Partnership Limited Liability Company — Corporadon Government Entiry Estate 1 Trust 0rganiurion Exempt from Tic - Nonprofit Exemption (See Instructions) Exempt payee code (if any) Exemption from FATCA Reporting u Code (if any) Taxpayer Identification Number (T M2 Provide Only One (If sole proprietorship provide EIN, if applicable) Social Security Number (SSN) Employer Identification Number (EIN) If Change of Ownership or Entity Designation Date of Change: Previous Owner / Business Name Previous Taxpayer Identification Number MIN) Certification ?he Internal Revenue Service doer not require your content to any proration of thu document other than the certifications required to avoid backup withholdin; Under penalties of perjury, I certify that I. The number shown on this form is my correct taxpayer idcnrification number, AND 2. lam nor subject io backup withholding because (a) I am exempt from backup withholding, or (b) I have nor been notified by the Internal Revcnue Service (IRS) that I am subject to backup withholding as a result of a failure to report 39 inreresr or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, AND 3. I am a U.S. person (including a US. resident alien). AND 4, The FATCA code(s) entered on this fnrm (if any) indicating I am exempt from FATCA repotting is correct. Printed Name Signature Printed Title Date Telephone Number Email Address P--Ascd 0912912015 109 Instructions for Completing Taxpayer Identification Number (TIN) Verification (SubstituteNV--9) -- Page 1 I.eZ31 Name Af regirtered wide the Internal Revenue Service (IRS) • Individuals: Enter First Name MI Last Name • Sole Praprictorships: Enter First Name ,4II Last Name • LLC Single Owner. Enter owners First Name MI Last Name • All Others: Enter Legal Flame of Business Business Narns • Individuals: Leave blank • Sole Proprietorships: Enter Business Name • LLC Single Owner. Enter LLC Business Name • All Others: Complete only if doing business as a DBA Address where 1099 tax form should be mailed. Remit Address Address where payment should be mailed. Complete only if differcnt Front primary address. State of Alaska Vendor Number Your vendor number b an eight character alphanumeric code assigned to your company in the State of Alaska's accounting sys- tem. You may contact us at the email address listed on the form if you do nor know your vendor number. EntitX Designation Check ONE box which describes the type of business entity. Thxpa=r Identification Number LIST ONLYONE.- Social Security Number OR Employer Iden- tification Number. See "liflat Name and Number to Give the Reguater"at rigbr. If you do not have a TIN, apply for one immediately. Individuals use federal form SS-05 which can be obtained from the Social Se- curity Administration. Businesses and all other entities use federal form 55-04 which can be obcained from the Internal Revenue Service. Chanu of Ownership or Entity Designation This information is reqursmd to allow taxable income to be reported correctly for bush the new and old entities. You must cross out item 2 iFyou have been norified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition Of abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments ocher than interest and dividends, you are not required to sign the certification, but you must provide your correcr TIN. :Ti;E>;1.MT1' Section 6109 of the Internal Revenue Code requires you to furnish your correct TIN to persons who must file information returns with the IRS to report inrerest, dividends, and certain other income paid to you, mortgage interest you paid, the acquisition or abandonment of secured property, or contributions you made to an IRA. The IRS uses the numbers for identification purposes and to help veriFv the accuracy oFyour nY return. You must provide your TIN whether or not you are required to file a tax return. Payers must generally withhold 28% of taxable in- terest, dividend, and certain other payments to a payee who does not furnish a TIN to a payer. Certain penalties may also apply. VA „ , ,nY M.. 4 I YI For this type oFaccount Give name and SSN oF. Individual The individual Two or more individuals (joint The acrual owner of the account account) or, if combined funds, the first individual on the account' Custodian account of a minor The minor' (Uniform Gift to Minors Act) The usual revocable savings trust The grantor -trustee' (grantor is also trustee) So-called trust account thu is The actual owner' not a IcgA or valid trust under state law Sole proprietorship or Single- The owner Owner LLC For this type of account: Give nasne and EIN of Sale Proprietorship or Single- The owner s Owner LLC A valid trust, orate, or pension Legal entity ` trust Corporation or LLC electing The corporation mrpnrate status on Fnrm 8832 Association, club, religious, The organization charirable, educational, or other tax-exempt organization Partnership or multi -member The partnership LLC A broker or registered nominee The broker or nominee Account with the Department The public enriry oFAgriculturc in the name of a public entity (such as a state or local government, school district or prison) that receives agricultural program payments ' List first and circle the name of the person whose number you fur- nish. If only one person on a joint account has an SSN, that persons number must be furnished. r Circle the minors name and furnish the minors SSN. s You must show your Individual name, but you may also enter your business or "DBA" name. You may use either your SSN or £IN (if you have one). ' List first and circle the name of the legal trust, estate, or pension trust, (Do not furnish die TIN of the personal representative or trust - cc unless the legal entity itself is not designated in the account tide.) More: If no name is circled when more than one name is listed, the number will be considered to be chat of the first name listed. Revised 0912912015 110 Instructions for Completing Taxpayer Identification Number (TIT Verification (Substitute'%- 9) -- Paje 2 £sempcix�n.t If you are exempt from backup withholding andior Foreign Account Tax Compliance Act (FATCA) reporting, enter in the Exemptions box any codc(s) that may apply to you. See Exempt payee rode and Exemption From FATCA reporting code below. Exempt panne code Generally; individuals (including sole proprietors; arc not exempt Frain backup withholding. Corporarians are exempt From backup withholding for certain payments, such as interest and dividends. Corpm-acions are nor exempt from backup with- holding for payments made in settlement of payment card or third party network transactions. Note. If you are exempt from backup withholding, you should still complete this form to avoid possible erroneous backup withholding. The following codes identify payees that are exempt From backup wirhholding7 I. An organization exempt from tax under section 501 fa% any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2) 2. The United States or any of its agencies or instrumentalities 3• A state, the District of Columbia, a possession of the United States, or any of their political subdivisions or instru- mentalities 4. A foreign government or any of its political subdivisions, agencies, or instrumentalities 5. A corporation 6 A dealer in securities or commodities required to register in the United States, the District of Columbia, or a posses- sion of the United Starts 7. A futures commission merchant registered with the Commodity Futures Trading Commission S. A real estate investment trust 9. An entity registered at all times during the tax year under the Investment Company Act of 1940 10. A common crust fund operated by a bank under section 584(a) 11. A financial institution 12. A middleman known in the investment community as a nominee or custodian 13. A trust exempt from tax under section 664 or described in section 4947 The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form For accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you arc only submitting this Form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A. An organization exempt from rax under section 501(a) or any individual retirement plan as defined in section 7-i 01(a)(37) B. The United States or any of its agencies or instrumentalities C. A state, the District of Columbia, a pusscssion of the United States, or any of their political subdivisions or instru- mentalities D. A corpa ration the stack of which is regularly traded on one or more established securities markets, as described in Reg. section 1.1472-1(c)(1)(i) L A corporation that is a member of the same expanded afftli=d group as a corporation described in Reg. section 1.1472-1(c)(I)(i) E A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, Forwards, and options) that is registered as such under the laws oFthe United States or any state G. A real estate investment trust H. A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940 1. A common trust fund as defined in section 584(a) J. A bank as defined in section 581 K A broker L A trust exempt from tax under section 664 or described in section 4947(2)(1) M. A rax exempt trust under a section 403(b) plan or section 457(g) plan Revised 09/29/2015 in Seward Airport Appraisal Services Project Number: 25202055t Z548570000/ At 3-02-0259-XXX-20XX Parcel Number. 5 Partial Acquisition Tide Land Located Seward at Resurrection Bay Alaska Seward Airport Appraisal Services Project Number: 25202065/ Z548570000/AIP 3-02-0259-XXX-20XX Parcel Number: 5 TCE Number: NIA FILE #20-036 (5) FOR DATE State of Alaska Department of Transportation and Public Facilities Report Date Statewide Design & Engineering Division August 31, 2021 Central Region - Right of Way Section 4111 Aviation Drive Effective Date of Value Anchorage, Alaska 99502 June 16, 2021 Attn.: Mrs. Karrico Nichols, ROW Agent BY Brian Bethard, MAI General Real Estate Appraiser (Cert. #281) BLACK -SMITH, BETHARD & CARLSON, LLC 1199 E. Dimond Blvd., Ste. 200, Anchorage, Alaska 99515 112 Seward Airport Appraisal Services Project Number: 2520205512548570000/ AIP 3-02-0259-XXX-20XX Parcel Number. 5 PART I - INTRODUCTION 113 Seward Airport Appraisal Services Project Number, 252020651 Z5485700001 All 3-02-0259-XXX-20XX Parcel Number 5 Appraisers 1199 E. Dimond Blvd. Sic.200 AnchorsZe, Alaska 99515 Phone:907-27"65i Fax89 BLACK -SMITH, BETHARD & CARLSON, LLC-mu,,; ne E-mall: hsr(q nkaet August 31, 2021 Client: State of Alaska Department of Transportation and Public Facilities Statewide Design & Engineering Division Central Region - Right of Way Section 4111 Aviation Drive Anchorage, Alaska 99502 Attention: Mrs. Karrico Nichols, ROW Agent Re: Seward Airport Appraisal Services Project Number: 25202065/ Z548570000/AIP 3-02-0259-XXX-20XX Parcel Number: 5 Property Owner: City of Seward Property Location: Seward in Resurrection Bay Alaska Legal Description: Lengthy Legal- See Title Report Tax ID # None Mrs. Nichols: The attached appraisal report summarizes our appraisal of the proposed acquisition as of June 16, 2021 at: $2,000 The value opinion is stated in terms of cash and is qualified by certain definitions, assumptions, limiting conditions and certifications. The appraisal and report are intended to comply with the requirements of the Uniform Standards ofProfessional Appraisal Practice (USPAP), the Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA), and the procedures and guidelines of the Alaska Right -of -Way Manual.I Sincerely, BLAmSM1TA, BE HARD & CARLSON, LLC 3 August 31, 2021 Brian Bethard, MAI Date General Real Estate Appraiser (Cent. #281) t State of Alaska Department of Transportation and Public Facilities 3 114 Seward p,o� act wumbor�xs202os5;zuvoaroomxmr3-0z*u6e*nXxaOxx Pmnca|Num*er-. n TABLE OF CONTENTS PART I - INTRODUCTION ......... ............ _....... ~................................................... ___�~~___� LETTER OFTRANSMITTAL ---__________............................................................... 3 NARRATIVE APPRAISAL SUK8MARY---,�....... .............................................. 5 -------....... LIMITING CONDITIONS .............. --.......... ........................ ~~~~~~~____� PART ||- PREMISES OFTHE APPRAISAL --'........................ ............. ........ ___ ....... ...... --A IDENTIFICATION OFTHE PROPERTY ........................................... ---........ ____ �,~~^�_10 SUBJECT PHOTOS ........................................ ----.............. �--_-_--11 5 U M MAR Y[)FTHEAPpRAUSALPRO BLEM ..................-'-_-_13 SCOPEOFW ORK--------__,~...... ..................................... ......... .1g PART U|-PRESENTATION OFDATA. ......................................... MARRETAREA.................... ...... -__.-_-.~~~~....~--_.................. ___ ...... ............ 21 NEIGHBORHOOD ANALY�S,...~~~............ ................. '_'----_..... .................. ~~_s3 SITEDESCRIPTION ................................................................................ ........ ___ ..................... -25 TEN YEAR SALE HISTORY- ...... ...... ____ ...... .......................................... -___.------ 30 DESCRIPTION OFTHE�xCQu|�inlomAND REMAINDER OFTHE 31 PARTv/-ANALYSUSOFDAJA AND CONCLUSIONS ........................................................ ....... ..-32 MARKET ANALYS|B-..-.................. ------___.............. ............................................... 33 LANDVALUATION ................................. -'--_......... ^_......... ___ ....... ............................... 35 FINAL REC0NC|L|ATtON-VALUE OFTHE WHOLE PROPERTY .._-......... 41 SUMMARY - MARKET VALUE OFTHE ACOU|SiTl0M...... ........ ........ .......... .-..-.-.-.._-43 ADDENDA.......... ................. ........ .................. .......... -_--........ -.44 OPPORT0NFT[TOACCOMPANY THE APPRAISER --_------_---........................ 45 TITLEREPORT.~~ .............................................. ...... ...... ...... .............................................. 5b CoMpxRARLEDATA VVRITE'0PS........ ................... ----~......... ...... ___ ................ -...... 64 UK8[ONGCONDITIONS AND ASSUMPTIONS .............................................. 76 4 115 PROJECT INFORMATION PROJECT NAME: STATE PROJECT M FEDERAL -AID PROJECT M PARCEL M OWNER INFORMATION City of Seward. PARCEL LOCATION: LEGAL DESCRIPTION: ZONING: CURRENT USE: HIGHEST AND BEST USE: As Vacant As Improved RIGHTS APPRAISED: INSPECTION DATE: DATE OF VALUE: Seward Airport Appraisal Services Project Number. 252020651 Z5485700001 At P 3-02-0259-XXX-20XX Parcel Number. 5 NARRATIVE APPRAISAL .- Seward Airport Appraisal Services 25202065/Z548570000 AIP 3-02-0259-XXX-20XX 5 Resurrection Bay Alaska Lengthy Legal- See Title Report Unzoned Tidelands/ Submerged lands Recreation/ Speculation NIA Fee Simple June 16, 2021 June 16, 2021 PARCEL ACQUISITION DESCRIPTION SUMMARY PARCEL AREA: Large' EASEMENT 0.000 AC (0 SF) ACQUIRED: AREA OF Gross: 25.395 AC (1,106,206 SF) PERMIT ACQUIRED: 0 SF (0.000 AC) ACQUISITION; Net: 25.39 AC (1,106,206 SF) REMAINDER: Large" AREA OF LARGER PARCEL SUBJECT TO PLO OR SECTION LINE EASEMENT: 0.00 AC (0 SF) 'The larger parcel is undefined tidelands along the head of Resurrection Bay. The area is classifies as `Large'. For the purpose of this analysis we recognize a 160 acre unit of comparison in estimating the market value of the acquisition. The value of the remainder is at least as much as its value as part of the whole. There is no meaningful method or purpose in calculating the value of the larger parcel or value of the remainder. 5 116 Seward Airport Appraisal Services Project Number. 25202065/ Z5485700001 AIP 3-02.0259-XXX-20XX Parcel Number: 5 PARTIAL ACQUISITION SUMMARY 1. MARKET VALUE BEFORE ACQUISITION: See Note 1 art ��I�ilIt16711.149M'[41W;A 3. REMAINDER VALUE AS PART OF THE WHOLE: LANs] NA' IMPROVEMENTS $0 LAND NA' IMPROVEMENTS so = NA' 4. ESTIMATED MARKET VALUE OF REMAINDER: LAND $10.000 IMPROVEMENTS WA NA' 5. DAMAGES (if any) $0 6. LESS SPECIAL BENEFITS (if any) s0 s0 7. ACQUISITION VALUE as PART of the WHOLE + $2,000 8. NET DAMAGES + $0 9. COST -to -CURE + $0 10. PERMITS: + $0 11. EASEMENTS: Avigation Easement + so 12. PLO OR SECTION LINE EASEMENTS: + s0 13. OTHER: Temporary Construction Easements (TCEs) + $p 14. MARKET VALUE OF ACQUISITION: See Note 1 = s2,000 1. The indicated value of the whole reflects the fee value- unallocated for rights previously reserved of conveyed, if any (e.g. subsurface rights, utility easements, leaseholds, etc.). Date: August 31, 2021 Prepared By: Brian Bethard, MAI `The larger parcel is undefined tidelands along the head of Resurrection Bay. The area is classifies as 'Large'. For the purpose of this analysis we recognize a 160 acre unit of comparison in estimating the market value of the acquisition. The value of the remainder is at least as much as its value as part of the whole. There is no meaningful method or purpose in calculating the value of the larger parcel or value of the remainder. 0 117 Seward Airport Appraisal Services Project Number. 25202065/ Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number 5 CERTIFICATION Name of Appraiser. Brian Bethard, MAI I CERTIFY THAT: I personally inspected the property appraised in this report on June 16, 2021. Ryan McGillivray provided professional assistance. I limited his services to photography, basic research and general data gathering. I have afforded the property owner the opportunity to accompany me at the time of my inspection of the property. To the best of my knowledge and belief, the statements contained in this appraisal report are true and correct, and the information upon which my opinions are based is accurate, subject only to the assumptions and limiting conditions set out in the report. My appraisal report is intended to be used by the State of Alaska Department of Transportation and Public Facilities in connection with an acquisition for the above -referenced project to be constructed with the assistance of federal funds. This appraisal report has been made in conformity with applicable federal standards, State of Alaska statutes, regulations, policies, and procedures and with accepted industry practices applicable to valuation of lands for such purposes. To the best of my knowledge, all values that I have assigned to the property are compensable under the established law of the State of Alaska. Values assigned do not reflect a decrease or increase due to the proposed project. Neither my employment nor my compensation for making this appraisal report are in any way contingent upon the reporting of a predetermined value that favors the cause of the client, the attainment of a stipulated result, or the occurrence of a subsequent event. I have no direct, indirect, present, or prospective interest in the subject property; and I have no personal interest or bias with respect to the parties involved, nor will I benefit in any way from the acquisition of this property. I have not revealed the findings and results of this report to anyone other than the proper officials of the Alaska Department of Transportation and Public Facilities, the Federal Highway Administration, or the Federal Aviation Administration, and I will not do so until so authorized by proper officials, or until I am required to do so by due process of law, or until I am released from this obligation by having publicly testified as to such findings. I have performed no services as an appraiser or in any other capacity regarding the property that is the subject of this report with the three-year period immediately preceding acceptance of this assignment. Based upon my independent, unbiased research and analysis, my professional opinion of market value is $2,000 as of June 16, 2021. August 3i, 2021 Brian Bethard, MAI Dale General Real Estate Appraiser (Cert. #281) 7 118 Seward Airport Appraisal Services Project Number: 25202065/ Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number. 5 LIMITING CONDITIONS E.rtraordinaiyassumptions, 2hypothetical conditions,3 and limiting conditions speck to this appraisal are summarized as follows: NIA 2 "An assumption, directly related to a specific assignment, as of the effective date of the assignment results, which, if found to be false, could alter the appraiser's opinions or conclusions." Uniform Standards of Professional Practice 3 "A condition, directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assignment results, but is used for the purpose of analysis." Uniform Standards of Professional Practice 119 120 Seward Airport Appraisal Services Project Number. 25202065/ Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number. 5 LOCATION The property is located south of the Seward Airport in Seward, Alaska. There is no street address. The parcel is tidelands/ submerged lands located in Resurrection Bay. LEGAL DESCRIPTION Lengthy Legal- See Title Report TAX ID # None OWNERSHIP City of Seward. PO Box 167 Seward, Alaska 99664 907-224-3331 DETERMINATION OF THE LARGER PARCEL The property owner owns various tidelands/ submerged lands located adjacent the subject; however, while these parcels are contiguous and under the same ownership, they do not have an integrated use. The larger parcel is identified as `large' by the client. The determination of the larger parcel is not relevant to the appraisal problem. For the purpose of this analysis a 160 acre unit of comparison is recognized in the value of the part acquired. PART TO BE ACQUIRED The project requires a Partial Acquisition for an irregularly shaped area that totals 25.395 AC (1,106,206 SF). The subject consists of tidelands/ submerged lands and have no improvements. No Temporary Construction Easements (TCE) or Temporary Construction Permits (TCP) are required. 10 121 Seward Airport Appraisal Services Project Number: 252020651 Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number. 5 SUBJECT • • Looking southeasterly at the subject from the Looking southeasterly at the subject from the Looking east at the adjacent uplands to the south View looking southeasterly at the subject from the View looking east at the adjacent uplands to the View looking south near the approximate northwest south of the subject. comer of the subject. 11 122 Seward Airport Appraisal Services Project Number: 252020651 Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number 5 View looking southeast near the approximate View looking south near the approximate northwest View looking east near the approximate northwest View looking east near the approximate northwest View looking south near the approximate northwest View looking east near the approximate northwest comer of the subject and area of acquisition. comer of the subject and area of acquisition. 12 123 Seward Airport Appraisal Services Project Number: 25202065/ Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number: 5 SUMMARY OF APPRAISAL PROBLEM Client: State of Alaska Department of Transportation and Public Facilities Statewide Design & Engineering Division Central Region - Right of Way Section 4111 Aviation Drive, Anchorage, Alaska Attn.: Mrs. Karrico Nichols, ROW Agent Larger Parcel Lengthy Legal- See Title Report* Nature of the Acquisition The project requires a Partial Acquisition Effective Date of Value June 16, 2021 the date of inspection) Part to be Acquired in Fee Gross Area Encumbered by existing ROW 1.106,206 SF (25.395 AC) 0 SF 0.00 AC Net area of the acquisition 1,106,206 SF 25.39 AC Shape Irregular Soils & To o ra h Tidelands/ Submerged lands Structural improvements acquired None Site improvements acquired None With few exceptions° there is no competitive market for submerged lands or tide lands. Ownership is dominated by government agencies; and, because the most probable user is the adjacent upland owner or lessee, the principal of substitution is almost always absent. As such, the available data is inadequate for the purpose of measuring value by direct sales comparison. Absent an open competitive market for tidelands in Alaska, various owner agencies, lessees, and appraisers have long recognized that market value/market rent is best measured in terms of the adjacent upland. Given the limitations, this is a reasonable approach that accounts for the unique land -use economics of specific market areas. In summary, because the utility of the tidelands/submerged lands is usually linked to that of the adjacent uplands, tideland values are expressed as a fraction (%) of the upland values. Owner Comments The property owner's representative (Jackie Wilde) did not join us on our inspection. Ms. Wilde did not have any specific comments on the project or proposed acquisition. `The larger parcel is identified as 'large' by the client. The determination of the larger parcel is not relevant to the appraisal problem. For the purpose of this analysis a 160 acre unit of comparison is recognized in the value of the part acquired. 4 Exceptions could include established port/harbor districts with a limited supply and shoreline strategic to set netters. 13 124 Seward Airport Appraisal Services Project Number: 252020651 Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number. 5 -x RUNWAY \ \\ USS 149 \ \REMAINDER EAST 1/2 \\ USS 722 1 \ GOUT LOT 4 \ Op v I I ` li11111111 LOT USS 9000 I IIIQI .. I 'ATS `X, J 174 RM 19' I T1N, RIW T1S, R1W I O `+ "8.4YEND 1964" � 1 USSD722 1, I I I AIRPORT PARCEL C �--� , BOUNDARY USS 9000 ATS 174 , PARCELS 't m SEE MHW LOT 9eu SHEET 2 LINE USS 9000 i tV RIGHT-OF-WAY REQUIRED 0 5c" 1000 2.CC E FOUND BRASS CAP SCALE IN FEET NOTE: ALL DISTANCES SHOWN ARE GROUND DISTANCES STATE OF ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES BIGHT—QF—WAY REQUIRED FOR 0:'NNER'S INITIAL SEWARD AIRPORT A71`ACHE7 TO IMPROVEMENTS PAGE— :F— SATED AKSAS Pr:icc, No. Z545570010 SHEET IOF 3 GROSS TAKE - f NET TAKE - t CRAti''N BY E I HE REMAIN L- E DATE Feb 2021 PARCEL NO 5 125 1000, v a MHW LINE �Gv RESURRECTION QP�G N83°44'36"E 389.40' BAY U) w� cn' Z o'. ATS 174 w/ N PARCEL 5 j1' UNSURVEYED 9 w REMAINDER PARCEL B W, t USS 90D0 i / / 930-18! / FOUND BRASS CAP / S86°U4'57-N / / 0 150 300 / AREA REMAINING SCAM B: "TT NOTE: ALL DISTANCES S LIJ RIGHT-OF-WAY REQUIRED ES ARE GROUND DISTANCES STATE OF ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES RIGHT-OF-WAY REQUIRED FOR OWNER'S INITIAL SEWARD AIRPORT ATTACHED TO IMPROVEMENTS AKSAS Proicc: No. Z5t8570000 PACE—CF DATED SHEET 2OF 3 GROSS TAKE - NET TAKE DRAWN BY E I HE REMAIN L- E DATE Feb 2021 PARCEL NO 5 15 126 Seward Airport Appraisal Services Project Number: 25202065/ Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number. 5 THIS FLAT idA E E F THE E T., LI H tE T F THE RIB HT— F—w,, L A H L 9E k E A A A I F ESTA LI HI , ADJOINING E TY LI E A _ E.S. THIS SE=L I` 170;2 ALL ~"WORK CONT41NED ON SHEETS 1 & 2 FOR PARCEL S i 0 A�`4stl Co. 9 �� *: TH ,r .................... MG a ri Narlsau Vs'- ND.11798 ate'/ W POC ENGINEERS 1C28 URORA DRIVE F=IRE.4NKS, AL=,SK.A 99709-5529 PHONE (907) 452-1414 L SHEET 3 OF 3 AKSAS Project No. Z54e570000 PARCEL NO 5 127 Seward Airport Appraisal Services Project Number: 25202065/ Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number. 5 Before & After Comparison Before Condition — Larger Parcel* After Condition - Remainder Area of the larger parcel NIA (large) NIA (large) Encumbered by existing ROW Net area NIA (large) NIA (large) Existing use or probable use Vacant tidelands/ submerged lands Same Easements Section lines bisect the subject. The Same reservations are for 33' & 50' in width on each side of the section lines. Access Boat access: Vehicular access for the Same adjacent uplands ranges from poor to good. Utility availability Electricity is available in the area Same Topography and soils Tidelands/ submerged lands. The Same adjacent uplands are primarily level and cleared with portions of classified wetlands and locations in a floodway boundary. Suitability (deficiencies if any) Suitable for recreational uses. Same Effect of the acquisition For the purpose of the analysis; the effect of the acquisition is simply a reduction in area. The value of the remainder as an independent parcel is at least as much as its value as a part of the whole. Measure of value I The market value of the acquisition is measured as the value of the part acquired as a part of the whole. *The larger parcel is undefined tidelands along the head of Resurrection Bay. The area is classifies as 'Large'. For the purpose of this analysis we recognize a 160 acre unit of comparison in estimating the market value of the acquisition. The value of the remainder is at least as much as its value as part of the whole. There is no meaningful method or purpose in calculating the value of the larger parcel or value of the remainder. 17 128 Seward Airport Appraisal Services Project Number: 25202065/ Z546570000/ AIP 3-02-0259-XXX-20XX Parcel Number 5 PURPOSE OF THE APPRAISAL 1) Thep uipose ofthe appraisal is to estimate the market value of the property owner's rights acquired as defined by the Uniform Standards of the Professional Appraisal Practice as follows: 'The most probable price, which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: i) Buyer and seller are typically motivated; ii) Both parties are well informed or well advised, and both acting in what they consider their own best interests; iii) A reasonable time is allowed for exposure in the open market; iv) Payment is made in terms of cash in United States dollars or in terms of financial arrangements comparable thereto; and v) The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale." 2) The purpose ofthe appraisal is to estimate the market value of the property owner's rights acquired as defined by the Alaska Supreme Court, as follows: The price in (terms of) money that the property could be sold for on the open market under fair conditions between an owner willing to sell and a purchaser willing to buy, with a reasonable time allowed to find a purchaser. State v. 7.026 acres, Sup. Ct. Op. No. 601 (File No. 1106), 466 P.2d 364 (1970). The opinion further reads, in part: The highest and most profitable use for which the property is adaptable is to be considered, to the extent that the prospect of demand for such use affects the market value while the property is privately held." Fair market value is normally based on a parcel's fee simple value. INTENDED USE OF THE APPRAISAL The function of the report (intended use) is to provide a market value estimate for compensating the property owner for the acquisition of property rights acquired according to the Alaska Constitution, Article 1, Section 18, Eminent Domain, which reads, in part, "Private property shall not be taken or damaged for public use without just compensation." INTENDED USER(S) The intended users include the client, the property owner, and appropriate regulatory agencies. 18 129 Seward Airport Appraisal Services Project Number. 252020651 Z5485700001 AIP 3.02-0259-XXX-20xx Parcel Number. 5 SCOPEOF •' Data sources and the steps in the appraisal development process are summarized: PROPERTY DATA The client identified the property and provided a title report, a right-of-way (ROW) map set and parcel plat of the proposed partial acquisition. Brian Bethard, MAT viewed the property on June 16, 2021. The property owner's representative, Jackie Wilde was contacted, but did not join him on the inspection (See Addenda- Owner Contact). AREA DATA In order to identify significant trends and indicators, I spoke with local property owners, real estate agents, and appraisers. I also reviewed various publications, reports, and surveys including the Alaska Dispatch News and Alaska Economic Trends. MARKET ANALYSIS Demand is inferred from general market conditions and the available data. MARKET DATA Alaska is a nondisclosure state. The FLEX Multiple Listing Service (MLS) is the primary source of data. Secondary sources include real estate brokers/agents and other appraisers. APPRAISAL DEVELOPMENT The property is vacant Iand (tidelands/ submerged land); the cost and Income approaches are not applicable. I developed my opinion of value by the sales comparison approach. With few exceptions5 there is no competitive market for submerged lands or tide lands. Ownership is dominated by government agencies; and, because the most probable user is the adjacent upland owner or lessee, the principal of substitution is almost always absent. As such, the available data is inadequate for the purpose of measuring value by direct sales comparison. Absent an open competitive market for tidelands in Alaska, various owner agencies, lessees, and appraisers have long recognized that market value/market rent is best measured in terms of the adjacent upland. Given the limitations, this is a reasonable approach that accounts for the unique land -use economics of specific market areas. The subject larger parcel is classified as 'large'. The exact acreage has not been determined, but it encompasses the tidelands at the head of Resurrection Bay. For the purpose of this analysis we recognize a 160 acre unit of comparison. In summary, because the utility of the tidelands/submerged lands is usually linked to that of the adjacent uplands, tideland values are expressed as a fraction (°{o) of the upland values. APPRAISAL REPORTING The report is intended to comply with the reporting requirements for an appraisal report as set forth under Standards Rule 2-2 of the USPAP. It presents summary discussions of the data, reasoning, and analyses that were used to develop the appraiser's opinion of value. The data presented and the depth of discussions are specific to the client's intended use. 5 Exceptions could include established portiharbor districts with a limited supply and shoreline strategic to set-netters. 19 130 Seward Airport Appraisal Services Project Number: 25202065/ Z5485700001 AIP 3-02.0259-XXX-20XX Parcel Number. 5 PART III - PRESENTATION OF DATA 20 131 Seward Airport Appraisal Services Project Number. 25202065/ Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number. 5 MARKET AREA ALASKA Economic Outlook Alaska shed 27,200 jobs last year, dropping employment to 2003 levels. Before the pandemic, Alaska had weathered a long statewide recession followed by a single year of weak growth. Absent another shock, we'll recover some of the lost jobs this year with a forecasted gain of about 8,600, but it will take several years to regain 2019's job levels.6 Government and oil will continue to cut jobs in the short term, but all other industries will hold steady or begin to rebound. The industries likely to grow the most in 2021 will be those that suffered the steepest losses in 2020. Leisure and hospitality lost more than any other sector in 2020 (-9,600 jobs) because the tourist season never materialized. It will add about 3,500 jobs this year. Another casualty whose recovery depends on visitors returning is the transportation, warehousing and utilities sector, which lost 3,600 jobs and might recoup just under half of them this year. Clouds remain on the horizon as a crippling year ends. Long-term state budget and revenue problems remain unresolved, oil prices are forecasted in the mid-$40s, Alaska's population has been dropping since 2017, and we've lost more movers than we've gained for the last seven years in a row. This year's success also hinges on several factors yet to be determined. The pandemic isn't over, and the timing and success of widespread vaccination will be a major determinant of 2021's course. Schools haven't reopened yet, the tourist season is up in the air, especially for cruise ships, and questions linger about people's appetites for traveling and shopping.' Population More than 60% of Alaska's population resides in the south-central region that includes the Matanuska-Susitna Borough (MSB), Kenai Peninsula Borough (KPB) and the Municipality of Anchorage (MOA). Historic population data is summarized in the following table: *1990 *2000 `2010 ""2019 %A over 29 years Anchorage 226,338 260,283 291,826 291,845 29% Mat -Su Borough 39,683 59,332 88,995 106,438 168% 0 Palmer 2,866 4,533 5,937 9,284 224% • Wasilla 4,028 5,469 7,831 8,736 117% Kenai Peninsula Borough 40,802 49,691 55,400 58,936 44% • Kenai 6,327 6,942 7,100 7,056 12% • Soldotna 3,482 3,759 4,163 4,233 22% • Homer 1 3,6601 3,946 1 5,003 5,478 50% • Seward 1 2,6991 2,830 1 2,6931 2,545 -6% * U. S. Census " Alaska Department of Labor Estimates 6 Karinne Wiebo►d, Alaska Economic Trends, January 2021 7 Karinne Wiebold, Alaska Economic Trends January 2021 21 132 Seward Airport Appraisal Services Project Number. 25202065/ Z5485700001 A!P 3-02-0259-XXX-20XX Parcel Number, 5 As of July 1, 2020, Alaska is estimated to have 728,903 residents, the lowest figure since July 2011. Alaska's population has declined for four consecutive years, the longest string of declines since modern recordkeeping began in 1945. According to the state data, 8,873 more people moved out of the state than moved into it between July 1, 2019 and July 1, 2020. It's the eighth year in a row that emigration outpaced immigration. Birth rates fell and death rates plateaued during the same period, leading to a decline in "natural increase," which is at its lowest level since 1968.8 KENAI PENINSULA BOROUGH The Kenai Peninsula extends from Southcentral Alaska toward the Gulf of Alaska along Cook Inlet. The area can be accessed by the Sterling Highway, a paved two-lane highway that connects with the Seward Highway which extends north to Anchorage. The Kenai Peninsula Borough (KPB) encompasses all of the Kenai Peninsula and includes lands located across Cook Inlet. Borough functions include tax assessment and collection, education, planning and zoning, solid waste disposal, hospitals, fire department, and recreation. The population is estimated at *58,471.9 The KPB encompasses all of the Kenai Peninsula and includes Iands located across Cook Inlet. The cities of Kenai and Soldotna are the business centers for the region. Kenai, on the east shore of Cook Inlet, is the principal commercial fishing and processing center. Soldotna, located approximately seven miles inland along the Kenai River, is the seat of the Borough government, location of the Central Peninsula Hospital, and Kenai Community College. The Kenai River is 82 miles long and runs from Kenai Lake through the Kenai National Wildlife Refuge and Skilak Lake to its outlet in Cook Inlet. The river is the primary outdoor attraction of Southcentral Alaska and is a significant resource in terms of seasonal industries: commercial fishing and a growing commercial recreation industry. The regional economy is increasingly diversified and continued slow growth is projected. Offshore and some onshore oil and gas production contributes to the economic base. COVID-19 UPDATE December 2020 Deteriorating economic conditions attributed to both the recent crash in oil prices and the COVID• 19 pandemic can be expected to influence local real estate market conditions. However, at this time, there is no evidence of seller/Iessor concessions. 8 Alaska's population drops for the 41' year in a row, extending record losses. Anchorage Daily News- January 7, 2021 9 Alaska Department of Labor and Workforce Development population estimates reported in the Alaska Dispatch News — January 10, 2019 22 133 Seward Airport Appraisal Services Project Number. 252020651 Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number. 5 NEIGHBORHOOD ANALYSIS GENERAL The general neighborhood is referenced by the Seward Airport. The NEIGHBORHOOD port/harbor district is Iocated to the southwest. The Seward CBD is located f2.5 miles to the south. Access Access is good via a network of fully improved arterials. Utilities Water, sewer, electricity and telephone. Services Police, fire protection and road maintenance are provided by the City of Seward. Refuse service is also available. Land Development The area is roughly 50% developed with a variety of industrial uses. Externalities Positive: General compatibility and synergy. Negative: The area on the north side of Seward adjacent to the Resurrection River is located in a Aoodway. Because different districts are suitable for different uses, these conditions tend to be offsetting. In any case, the net effect is accounted for by the data analyzed. 23 134 Seward Airport Appraisal Services Project Number- 25202065/ Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number, 5 IMMEDIATE NEIGHBORHOOD HPI * SAP I R �t rein ��Ir + i I , SUBJECT k ^k Ii The subject is located on the north side of Resurrection Bay. Adjacent Properties: North: Seward Airport South: Resurrection Bay East: Nash Road West: Seward Harbor/ Alaska Railroad Suitability: The neighborhood is referenced by the north side of Resurrection Bay. Uplands are suitable for users or investors. 24 135 Seward Airport Appraisal Services Project Number: 25202065/ Z546570000/ AIP 3-02-0259-XXX-2oXX Parcel Number. 5 l • Location: The property consists of tidelands/ submerged lands at the north end of Resurrection Bay. Legal: Lengthy Legal- See Title Report Access: There is no road access to the uplands on the north of the subject. The City of Seward infrastructure is located west of the Alaska Railroad on the west side of Resurrection Bay and Nash Road is located on the east side of the Bay. Land Area: Gross: *Large Existing ROW: (0.00 AC) Net: *Large *See Highest and Best Use: Determination of the Larger Parcel Shape: The shape is irregular Utilities: Available utilities in Seward include electricity, telephone, sewer and water. Electricity and telephone are located adjacent at the Seward Airport. Public sewer and water are not immediately available. Topography: The topography of the uplands is level and partially treed. Areas consist of tidal influenced wetland ponds and gravel bars that have been cleared/eroded by a channels of the Resurrection River. A topography map is on the following page. The subject parcel is 100% tidelands/ submerged lands. 25 136 Seward Airport Appraisal Services Project Number. 25202065/ Z5485700001 All M2-0259-XXX-20XX Parcel Number: 5 { r � r G Irp rt ,• �1- ff • • SUOUECT N `}7 R �!=;��t��t �..:; •'•••fit �Z{.. � `' i;;...I'�: �+ •.•�••ai •~�:ii•. i•f �.iMa •••N .•tea a..�ai ate.• .•.h ,••••:•?':et Soils: A soils report was not provided. According to the US Survey notes for an adjacent U.S. Survey 722, upland soils consist of loam sand and gravel. Environmental: We were not provided with a Phase 1 Environmental Site Assessment report for the subject. We are not aware of any environmental issues affecting the property. It is an extraordinary assumption of this report that the subject is environmentally clean. 137 Seward Airport Appraisal Services Project Number: 25202065/ Z5485700001 AIP 3-02-0250-XXX-20XX Parcel Number: 5 Flood Zone: The uplands are located within a Special Flood Hazard Area subject to inundation by the 1% annual chance of flood. 10 :" Lf ZONE" a i- f 020113 (� 4 ZONEAEt ;— 3 o+ �, 7tttY17t�Yw4 �il F; ZONE AE' jt• zoi�EVE }�} t 4w.. ZONeAE e C'trt Arstwi ' S r[IN FAF ZONE YE i ZONE AO 0 11%, t4- aryl te;(I1.15 10 FEMA Flood Map Service Center https://msc.fema.ciov/portal 27 138 Seward Airport Appraisal Services Project Number 25202065/ Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number 5 The Kenai Watershed Forum (KWF) Wetland Assessment shows areas of Tidal and Riverine wetlands on the subject while the National Wetland Inventory Map shows areas of Estuarine and Marine Wetlands. Kenai Peninsula Borough, Wetland Assessment - Tidal and Riverine Wetlands The wetland determinations are similar. Absent a United Stated Corp of Engineers (USCOE) Jurisdictional Determination, what is permissible, possible and feasible is unknown. The uplands do not appear to have usable area, outside of the wetlands delineations. 139 Seward Airport Appraisal Services Project Number: 25202065/ Z548570000/ AIP 3-02.0259-XXX-20XX Parcel Number. 5 Easements: The provided title report indicated section lines bisect the subject. The reservations are for 33' and 50' in width on each side of the line. Given the location of the subject property in tidelands/ submerged lands, the section line easements are irrelevant. Zoning The site is unzoned. Surrounding uplands are either zoned Resource Management - (RM)i or Industrial (I). The City of Seward Code defines Resource Management as "Lands which are generally undeveloped and cannot be precisely zoned due to inadequate information on the extension of public services and utilities; the suitability of the land to support commercial, residential, industrial or public uses; and other possible environmental consideration." Unzoned is defined as "Light, heavy or industrial park land uses, and utility transportation land uses." Reservations/ Reservations in the State of Alaska Patent for the subject are noted in the Encumbrances: title report. According to the title report, `Said patent, among other things, reserved all oil, gas and other minerals together with the privileges, mining and drilling rights and immunities.' It is noted that title to the mineral estate, as it pertains to the reservation, has not been further searches and no insurance is provided under the policy. Rights to the public and governmental bodies to Iand lying below the high and low water mark of any water source are also allowed. Conclusion/ The parcel is located in the city of Seward in Resurrection Bay. The Suitability surrounding uplands have marginal access and wetlands limit utility. Given these conditions, the most probable use is for recreation/speculation. IMPROVEMENTS None SPECIALTY ITEMS, FIXTURES, AND TENANT -OWNED IMPROVEMENTS None PROPERTY TAXES None 29 140 Seward Airport Appraisal Services Project Number. 25202065/ Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number. 5 TEN YEAR SALE O. Sales of the subject must be reported and analyzed as comparable data. The appraiser must include sales that occur subsequent to the title search. Include "arms -length" sales of the subject in the comparable data section. Property History: There have been no sales of the subject in the last ten years. SALES of the SUBJECT. (if no transaction within last 90 years, check ® NONE) DATE OF SALE: TERMS: DATE RECORDED: GRANTOR. - GRANTEE: INTERVIEWED; COMMENTS: Date: June 16, 2021 SALE PRICE: INSTRUMENT: DOCUMENT YEAR: DOCUMENT NO: DATE CONFIRMED: Verified By: Brian Bethard, MAI 30 141 Seward Airport Appraisal Services Project Number. 25202065/ ZW5700001 AIP 3-02-0259-XXX-20XX Parcel Number 5 DESCRIPTION OF THE ACQUISITION AND REMAINDER OF THE PROPERTY See Summary of the Appraisal Problem. 31 142 Seward Airport Appraisal Services Project Number: 25202065/ Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number. 5 PART IV - ANALYSIS OF DATA AND CONCLUSIONS 32 143 Seward Airport Appraisal Services Project Number: 252020651 Z5485700001 All 3-02-0259-XXX-20XX Parcel Number. 5 MARKET ANALYSIS Exposure Time may be defined as "the estimated length of time the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal; a retrospective estimate based upon an analysis of past events assuming a competitive and open market." 11 The overall concept of reasonable exposure encompasses not only adequate, sufficient and reasonable time but also adequate, sufficient and reasonable effort. Marketing time is also a function of the amount and quality of the available inventory, asking prices and investor requirements. General Market Conditions Because the Multiple Listing Service (MLS) 10-year Comparison Report does not distinguish between vacant land types, it is only indicative of general trends. Over the last five years, activity (# number of transactions) and market exposure times (days on market [DOMD has remained relatively the same. 10-year Comparison Report Property Type Land Area 365 - Seward - Cooper Landing Construction Type Existing and New Construction Year # Sold Avg. List Price % Ust Price Avg. Sold Price % Sold Price Avg. DOM Change Change 2011 9 $53,090 NA $47,633 NA 312 2012 11 $80,213 51.35% $76,018 59 59% 311 2013 13 $108,492 35.25% 596,819 27 36% 267 2014 19 $39,576 -63 52% $35,284 155 2015 17 $86,549 118,69% S78,505 122 49% 232 2016 25 $57.989 -33 00 $50,552 �1. l 1 217 2017 14 $76,100 31 23% S69,257 37 00% 296 2018 26 $68,084 15.75% $75,674 9.27% 310 2019 24 $85,355 -310% $76,185 0.68% 232 2020 14 $59,125 -30 73% $54,425 -28 564a 253 Note: The data is only useful to establish an active and competitive market. Properties vary significantly in size and location. Averages can be misleading and are not suitable for direct comparison. 11 Source: Appraisal Standards Board Statement 6 and Advisory Opinion G-7. 33 144 Seward Airport Appraisal Services Project Number. 25202065/ Z5485700001 A1P 3-02-0259-XXX-20XX Parcel Number. 5 DETERMINATION OF THE LARGER PARCEL Project materials provided indicate the parcel size as Large. Except for a couple of agricultural submarkets, the largest Alaska properties traded with any regularity do not exceed 160 acres. For the purpose of the appraisal, our analysis recognizes a 160-acre unit of comparison. HIGHEST AND BEST USE "AS VACANT" Highest and Best Use is defined in the 1411, Edition of the Appraisal ofReal Estate, Appraisal Institute, as "the reasonably probable use that results in the highest value." Permissible Use Legal restrictions can include public restrictions (zoning), private restrictions (conditions, covenants, & restrictions [CCR's]), plat notes, and easements. Puhlic Restrictions The property is located in the city of Seward, however, it is not subject to any zoning. Adjacent uplands are zoned resource management and industrial. Resource management is a liberal classification that permits probable uses of peripheral lands. Private Restrictions & Plat Notes No private restrictions were reported. Easements Section line easements are noted in the title report. Given the location of the subject property in tidelands/ submerged lands, the section line easements are irrelevant. In summary, the parcel could be developed with any physically possible, financially feasible use. The section line reduces the usable area. Possible Uses The parcel is located in Resurrection Bay and adjacent the Seward Airport. Electricity is available and while boat access is available, the depth of the tidelands in the area would limit boat size/type. Given these conditions the most probable use (excepting the proposed project) is for recreation or speculation. Feasible Use Given the local economic conditions and the physical characteristics of the property, the parcel does not appear to be suitable for any financially feasible use. Maximally Productive Use Absent possible financially feasible uses, the highest and best use is for recreation or speculation. 34 145 Seward Airport Appraisal Services Project Number: 25202065/ Z5485700001 AIP 3-02-0259-XXX-20Xx Parcel Number. 5 L LAND VALUATION Sales comparison is the most common technique for valuing land and it is the preferred method when comparable sales are available. Elements of comparison include: 12 • Property rights . Physical characteristics • Financing terms z Zoning • Conditions of sale (motivation) ➢ Utility availability • Expenditures immediately after purchase ➢ Access • Market conditions (sale date) D Location Z Soils and topography Size D Shape SUMMARY OF COMPARABLE SALES Comparable sales selected for comparison are identified in the following table in ascending order by size. The analysis recognizes a price -per -acre unit of comparison. No. Address/Location Status Date $ AC $1AC Sub]. Resurrection Bay; Adjacent Airport & Resurrection River N/A N/A N/A 160.00" NIA 3857 NSN Riverside Drive; Adjacent Resurrection River Expired 7-03 $10.000 22.99 $435 3145 1711 Darrell Street; Head of Resurrection Bay 8 Resurrection River Sold 1-08 $115,000 62.00 $1.855 3858 2011 Sharon Avenue; Adjacent Airport and Resurrection River Expired" 7-09 $100,000 71.88 $1,391 3859 110 Aialik Street; Base of Mt. Marathon Sold 5-13 $80 0000 49.85 $1,605 3252 NSN Bayshore Drive; Off of Nash Road Sold 7-16 $185,000 39.78 $4.651 'The subject is'large'. A 160 acre unit of comparison is utilized for the analysis. — The parcel was donated in 2015 to the Kenai Peninsula Borough (KPB) for $1 and closing costs 12 The Appraisal of Real Estate.14th Edition, Appraisal Institute 35 146 Seward Airport Appraisal Services Project Number. 252020651 Z5485700001 AIP 3.02-0259-XXX-20XX Parcel Number 5 METHODOLOGY The subject is 100% tidelands/ submerged lands and is classifies as 'large'. It encompasses the tidelands surrounding the head of Resurrection Bay. No comparable sales are available. The unit of comparison is recognized as 160 acres. The value of the subject tidelands/ submerged lands is established based on a fraction of adjoining upland value. The adjoining uplands are characterized as low, wetlands with poor access and limited development potential. DESCRIPTION OF THE COMPARABLES The comparables are identified in the previous table and on the map. The property characteristics are summarized in the following comparison grid. Details are presented in the Addenda. RELATIVE COMPARISON ANALYSIS The following relative comparison analysis recognizes a per -acre unit of comparison. The indicated unit values are already adjusted to a cash equivalent value (if required) and for expenditures immediately after purchase (e.g. demolition or the cost -to -cure known defects/deficiencies). All of the comparables reflect arm's length sales/acquisitions. Atypical motivations, if any, are recognized in the reconciliation. We correlated various inequalities with quantitative and qualitative adjustments. QUANTITATIVE ADJUSTMENTS Market Conditions In general, the data does not support reliable quantitative adjustments for market conditions (time). Evidence of change (if any) is weighed in the final reconciliations. Size The data confirms the general trend: unit price decreases as parcel size increases. An analysis presented in the addenda develops quantitative adjustments that we distributed according to the following schedule. Rough interpolations are used to correlate sizes other than those listed in the table. If the unit of comparison Is: and the comparable's area is adjust the comparable 160 acres 20 acres - 65% 160 acres 40 acres - 50% 160 acres 80 acres - 25% 80 acres 40 acres - 20% 40 acres 80 acres + 25% 80 acres 160 acres + 33% 40 acres 160 acres + 100% 20 acres 160 acres + 186% Access Adjustments for access are supported in the addenda. Briefly, comparables with dedicated access are correlated with a downward adjustment of 25%. Electricity Comparable data (see addenda) indicates a range of downward adjustments from 10% to 50% to reflect the lack of distribution electricity. Giving weight to the bulk of the data from MLS searches (20% to 25%), while recognizing the potential for other influencing 147 Seward Airport Appraisal Services Project Number: 25202065/ Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number 5 factors to impact value, we conclude at the low -end of the range, or -20% for the lack of distribution electricity. The corresponding upward adjustment is f25°/o. QUALITATIVE ADJUSTMENTS Because buyer preferences and evaluation criteria are not universal, reliable percentage or dollar adjustments for various other physical characteristics (e.g., location, restrictions, soils/topography, other [amenity] etc.), cannot be isolated from the data available. We correlated other inequalities with qualitative adjustments (superior, inferior, approximately equal). COMPARATIVE ANALYSIS I correlated the comparables in the following relative comparison anaijsis grid. An overall net adjustment (<, >, f) is applied to develop value indicators on the bottom line. 37 148 Seward Airport Appraisal Services Project Number: 25202065/ Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number. 5 RELATIVE COMPARISON GRID Com arable # SUBJECT 3857 3145 3858 1 3859 3252 Address Resurrection NSN Riverside 1711 Darrell 2011 Sharon 110 Aiatik Street NSN Bayshore 1 Bay Drive Street Avenue 1 Drive I Status We I Exoired Sold Expired* Sold Sold CEV $1AC We $4351AC $1.8551AC $1,3911AC I $1,6051AC $4.6511AC Quantitative Ad ustmants Market Conditions 6-21 7-03 1-08 7/09 5113 7/16 No ad;. No ad). No ad . No ad°. No adj. Adjusted $lAC $4351AC $1,855/AC I $1,3911AC $1,6051AC ! $4,6511AC _ _I Size 160.00 AC 22.99 AC 62.00 AC 71.88 AC 49.85 AC 39.78 AC -65% -35% -30% -50% -50% Access Oceant poor River River/Trail River Dedicated Road Dedicated Road 0% 0% 0°% -25% -25% Utilities Electricity None None None Electricity Electricity adjacent +25% 1 +25°% +25% adjacent ad acent Net Access Ad]. I 40% -10% .5% -75% -75% Ad usted $lAC $2611AC $1,6701AC $1,3211AC $4011AC $1.1631AC Qualitative General Location Resurrection Adjacent Head of Adjacent Airport Base of ML Nash Road Bay Resurrection Resurrection & Resurrection Marathon River Bay & adjacent River Resurrection River Neighborhood Airport and Vacant, Vacant, Mixed -Use: Residential Mixed -Use rural Mixed -Use unimproved unimproved Industrial to the j neighborhood tideland/river tideland/river oceanlriver north, airport fronting acreage fronting acreage fronting acreage westisouth and river to the east Slightly Slightly Approx. = Slightly Slightly I inferior inferior superior su erior Solis and Topography I Uplands are Generally level Ranges from _ Bulk of acreage Steep and Fairly level and generally level and heavily low-lying marsh is the heavily treed, wooded. Upland and partially treed, Located area to level Resurrection adequate soil, soils appear treed; Located within floodplain vegetated River. Portions there appear to adequate; % within floodplain with areas of areas. There heavily treed on be building wetlands with areas of wetlands and are several the east and sites. (includes flood - wetlands, tidal Influence sloughs and south, there zone; (here sloughs and Sloughs bisect; waterways appear to be appear to be ponds; there there appears to meandering building sites, building sites. appears to be a be a building through the building site. site. parcel, there appears to be several suitable bldg. sites Approx. = APProx. = Approx. = Superior Superior Zoning Resource Resource Mgmt. J Resource Mgmt. Resource Mgmt. Resource Mgmt. Un-zoned Mgmtl Industrial Approx. = Approx. = Approx. = Approx. = Slightly I superior Shape Irregular Rectangular Rectangular Primarily Primarily Slightly Irregular Rectangular Rectangular Slightly Slightly Slightly slightly Approx. _ superior superior su erior superior Other None 7 lots not all None Expired listing- Scheffler Creek None adjoining. Bulk later donated to adjacent of acreage is on the KPB for $1 1 lot. and closing Expired listing costs Approx. = Approx. = lrferinr .Approx. = I AaErox. _ Indicated Unit Value I $lAC > $2611AC < $1,6701AC $1,3211AC < $4011AC 1 < $1,1631Ati " The parcel was donated in 2015 to the Kenai Peninsula Borough (KPB) for $1 and closing costs 38 149 Seward Airport Appraisal Services ProJect Number: 25202065/ Z5485700001 Alp 3-02-0259-XXX-20XX Parcel Number. 5 Reconciliation The data generates a range of adjusted unit values of adjacent uplands from $261/AC to $1,670/AC. The relative market position of the subject is isolated in the following table. Comp. # $/AC Reconciliation 3145 ♦ $1,670 Superior for shape 3858 ♦ $1,321 Expired un-sold listing. The parcel was donated to the KPD for $1 and closing costs in 2015. 3252 ♦ $1,163 Most recent sale, superior for location, topography/soils and zoning. 3859 ♦ $401 Clearly superior. Subject 3857 ♦ $261 Expired un-sold listing, but dated sale. Summary The subject is bracketed towards the lower -end of the overall range. The unit value established at the bottom of the range is an unsold, expired listing with inferior qualities. While the upper -end of the narrowed range is superior for nearly all characteristics, but the topography is problematic for development (no improvements have been constructed). Absent any more definitive data, a unit value near the middle of the narrowed range is appropriate. Giving approximately equal weight to both ends of the narrowed range, the market value of the adjacent uplands is fairly represented at $300/AC. TIDELANDS/SUBMERGED LANDS RATIO ANALYSIS The Alaska Department of Natural Resources distinguishes between submerged land13 and tidelands. i r With few exceptions15, there is no competitive market for submerged lands or tidelands. Ownership is dominated by government agencies; and, because the most probable user is the adjacent upland owner or Iessee, the principal substitution is almost always absent. As such, the available data is inadequate for the purpose of measuring value by direct sales comparison. The utility of the tidelands/submerged lands is usually linked to that of the adjacent uplands. On that basis, the market generally recognizes that the value of tidelands/ submerged lands is a fraction of the upland value. For example; the City of Kenai recognizes their tideland values at 25% of the upland values. The City of Valdez recognizes ratios from 20% to 30%. Given the limitations, this is a reasonable approach that accounts for the unique land -use economics of specific ports/harbors. Regional dataiG from which to measure the relationship is inadequate. I relied on ratios 13 AS 38.05.965(22) defines "submerged land" as land that is "covered by tidal water between the line of mean low water and seaward to a distance of three geographical miles or further as may hereafter by property claimed by the state". (Note: "further" used incorrectly in statute language). 14 AS 38.05.965(23) defines "tidelands" as land that is "periodically covered by tidal water between the elevation of mean high water and mean low water." 15 Exceptions could include established port/harbor districts with a limited supply and shoreline segments strategic to set-netters. 16 Includes southwest Alaska, the Alaska Peninsula, Aleutian Islands and the Pribablof Islands. 39 150 Seward Airport Appraisal Services Project Number: 25202065/ Z5485700001 AIP 3-02-0259-XXX-20XX Parcel Number. 5 measured by other appraisers that are generally accepted by users of appraisals in Alaska. A history of the comparison data is in the Addenda. Briefly, the factors range from 9% to 31% but the data is inadequate in terms of meeting the market test implicit in the applicable value definition. They result from assessor and appraiser allocations (some unknowns are acknowledged) rather than competitive market forces. Because there is no clear pattern of market -driven conditions or preferences, there is no reliable means to correlate them. Nevertheless, the data is helpful in establishing a range and developing measures of central tendency; a median of 25% and a mean (average) of 23%. Acknowledging the nature of ratio development and distinguishing between tidelands and submerged lands, I applied 25% in the following calculations: Allocation of Adj. Upland value to the wtrfnt AC $300/acre Submerged land value as a % of the Adj. X 25% Uplands Indicated unit value for submerged lands $75/acre 90 151 Seward Airport Appraisal Services Project Number: 25202065/ Z548570000/ AIP 3-02-0259-XXX-20XX Parcel Number 5 SUMMARY - VALUE OF THE WHOLE PROPERTY The whole property value is calculated as follows: Land value NIA* Indicated contribution of the improvements in the area of the acquisition $0 Indicated whole property value (rnd.) NIA` *The larger parcel is undefined tidelands along the head of Resurrection Bay. The area is classifies as `Large'. For the purpose of this analysis we recognize a 160 acre unit of comparison in estimating the market value of the acquisition. The value of the remainder is at least as much as its value as part of the whole. There is no meaningful method or purpose in calculating the value of the larger parcel or value of the remainder. VALUE OF THE ACQUISITION AS A PART OF THE LARGER PARCEL The gross and net area of the acquisition is 25.39 AC. At $751AC, the indicated value of the part taken — as a part of the whole — is calculated as follows: Part to be acquired in fee (net) Price per acre 25.39 AC $751AC Indicated value of the land to be acquired in fee* $2,000 rounded upward to the nearest $100 Indicated contribution of the improvements in the area of acquisition Indicated value of the acquisition as a part of the whole DESCRIPTION OF THE REMAINDER $0 $2,000 After Condition The remainder physical characteristics are generally the same as in the before condition. Highest and Best Use The effect of the acquisition is simply a reduction in area. The highest and best use in the after condition is the same as in the before condition. 41 152 Seward Airport Appraisal Services Project Number. 2520206512548570000/ AIP 3-02-0259-XXX-20XX Parcel Number. 5 VALUE OF THE REMAINDER AS PART OF THE WHOLE Indicated value of the whole NIA* Less: Value of the acquisition as part of the whole 2 000 Indicated value of the remainder as part of the whole NIA* VALUE OF THE REMAINDER AS AN INDEPENDENT PARCEL The value of the remainder as an independent parcel is not less than its value as a part of the whole. For the purpose of the analysis; the effect of the acquisition is simply a reduction in area. The value of the remainder as an independent parcel is at least as much as its value as a part of the whole. Indicated value of the remainder as an independent parcel: NIA* *The larger parcel is undefined tidelands along the head of Resurrection Bay. The area is classifies as `Large'. For the purpose of this analysis we recognize a 160 acre unit of comparison in estimating the market value of the acquisition. The value of the remainder is at least as much as its value as part of the whole. There is no meaningful method or purpose in calculating the value of the larger parcel or value of the remainder. 42 153 Seward Airport Appraisal Services Project Number 25202065/ Z5485700001 AIP 3.02-0259-XXX-20XX Parcel Number, 5 1. Land acquired (fee interests) $2,000 2 + Improvements acquired $0 3. + Net damages $0 4. +Cost -to -cure $0 5. +Permits acquired (TCP) $0 6. +Easements acquired $0 7. +PLO or section line easements acquired $0 S. +Any other interests acquired (TCE) $0 9. Total Market Value of Acquisition $2,000 43 154 ADDENDA 44 155 The property owner's representative, Jackie Wilde was contacted via phone (907-224-4048) and email (jwild&if icityofseward-net) on June 14, 2021 and a meeting time/place was made. Ms. Wilde did not join us on the inspection. An `Opportunity to Accompany' form was dropped off at her office after the inspection; however, the form was not returned. Ilan 6A4,1.m.t 490 Hd Ryan McGillivray <bsr@ak.net> Appraisals• City of Seward na •yxwo<tah..r.d.nar You horwarded INS message on 61171=111X27 AM. Mrafagr a' QW.I Ay la k—Mar7.d— 06 IM 'i 2142nd9d P-1 Kd oW .-JW gal Hi Jacki, I left you a valcemail just now but thought I'd fo'tow uo wlth an email Our company will be appraisirg a couple of parcels owned by the City of Seward. We'n be there an Wednesday inspecting them The first appriaal we are working an is for the State of Alaska Seward Airport Improvement project The parcel comprised of tidelands bated much of the Seward Airport described as Alaska Tideland Survey 374• East 11 dd Section 2 and a portion in Section 3 bounded on the West by Parcels Band C U.S. Survey 9000.1 have attached a parcel plat {Parcel Sl as well as an opportunity to accompany farm the State of Alaska asks us to provide in our appraise s. We are completing the second appraisal is for Chugachman The parcel Is a proposed 3.31 acre portion of an 11 acre lot (IIPB 100 14502W7, tot 7A, Fort Raymond Subdivision Re - plat 41 in TIN, R1W. S34, SM). This appraisal Is to assist Chugachmnrt with an evaluation for a proposed acquisition. The purpose of this email is to offer the opportunity to join man these Inspection as well *sic comment on the respective projects, each properties ettribndes, other condrwna that might Influence their values and to provide any meaningful market data. . Just got off the phone with you. Thanks for the call ba; k. We'll see you at 11:30 on Wednesday. How about we meet at the cukde-sae located an the north side of the airport. We will being brown suburbann. Thanks, Ryan Ryan Mr Gillivni Appraiser Cock•Smith, BetfarcI & Cadson 45 156 SIZE ADJUSTMENTS Given the limited data availability in most remote locales, comparables significantly larger or smaller than the subject are often among the most relevant. Market data confirms that unit price decreases as parcel size increases. Price/size relationships are suggested by size trend analyses.17 Sales are rarely identical in all respects other than size. However, the market does not support reliable adjustments for other physical inequalities so that the impact of size can be isolated. Nevertheless, a sufficient quantity of data can generate a reasonably reliable range of adjustments. The following comparisons are based on general location but not adjusted for other inequalities. Re Re lationship of ±40 acres to ±160 acres Source Data Location Date Acres $/AC %IAd . BIA ILI 55 Copper R., L. Iliamna 9/96 50.01 $1,600 BIA ILI 52 Copper River, Lake Iliamna 7/99 159.99 $963 -40% BIA ILI 1776 Pedro Bay, Lake Iliamna 4/03 39.93 $2,004 BIA ILI 1725 Lonesome Bay, Lake Iliamna 11/03 159.96 $1,094 -45% BIA BRB 1904 Agulaowak R. & L. Aleknagik 10/03 38.37 $3,336 BlA BRB 86 A ulukpak R. & Beverly L. 6/98 158.95 $1,887 -43% BSBC 466 Fish Cr., near Kotzebue 3197 47.75 $1,500 BSBC 465 Noatak River near Kotzebue 3/96 129.99 $808 -46% j BIA BRB 2037 Left Bank of Nushagak River 9-04 39.99 $4,626 BIA BRB 1 Left Bank of Nusha ak River 8-02 120.00 $2,000 -57% Source Data Location _ Date Acres $/AC %lAd� BIA LCK 2268 Dice Bay, Lake Clark 9-05 39.99 $3,001 BIA LCK 2710 N. Shore Lake Clark 7-08 134.97 $1,400 -54% BIA LCK 2921 NW Share Lake Clark 2-09 155.07 $1,999 -33% ationshin of ±40 acres to ±80 acres Source Data Location Date Acres $/AC %/Adj. BIA LCK 106 Lake Clark 9/99 40 $2,125 BIA LCK 4623 Lake Clark 1/98 79.96 $1,601 -25% BIA LCK 107 Lake Clark 8/99 79.97 $1,050 -51% Source Data Location Date Acres $/AC %/Adj. BSBC 954 Holitna River near Sleetmute 7/98 39.97 $1,226 BIA YKD 4959 Yukon R. near Marshall 10199 39.98 $875 BIA KSM 5279 KukokWm R near Medfra 3/99 79.99 $500 -59% -43% 17 The data is supplemental. Details are not presented in the addenda. 46 157 Kei Source Data Location Date Acres $lAC 9/6/Adj. BIA YKD 4805 Yukon River 8-98 39.98 $638 BIA YKD 4453 Yukon River 10-98 79.98 $481 -25% BIA LCK 2268 Dice Bay, Lake Clark 9-05 39.99 $3,001 BIA LCK 2715 N. Shore Lake Clark 8-08 79.97 $2,001 -33% 143MJ110111 Vt .LUV 42W=0 lV .6t UV 0%.I C-7 Source Data Location Date Acres $/AC %/Adl. BIA INT 5051 Nowitne R. near Ruby 11/99 80.00 $913 BSBC 952 Nowitna R. near Ruby 6/03 79.96 $875 BIA NTS 4829 Unalakleet R. 11/99 79.74 $692 -47% BIA INT 5154 Yukon River near Ruby 12/00 160.00 $486 -45% -30% Relationship of ±100 acres to ±160 acres Source Data Location Date Acres $/AC 0/6/Adj. BIA BRB 1794 Chikuminuk Lake 1/04 109.98 $2,100 BIA BRB 1989 Togiak Lake 7/03 159.96 $1,625 -23% BIA BRB 617 Alagnak River 3-05 119.97 $1,792 BIA KSN 2304 Alagnak River 6-06 159.98 $1,200 -33% BIA ILI 2503 Hat Island, Lake Iliamna 2-08 105.11 $1,475 BIA ILI 1725 Lonesome Bay, Lake Iliamna 11-03 159.96 $1.094 -26% Summary Again, the sales are based on general location but not adjusted for various inequalities. Nevertheless, the number of pairs adequately establishes that the market recognizes a general range of discounts (downward adjustments) for each size increment. For the purpose of our appraisal, the range is distributed as follows: If the unit of and the comparable 's adjust the comparable comparison is: area is 160 acres 20 acres -65% 160 acres 40 acres -50% 160 acres 80 acres -25% 80 acres 40 acres -20% corresponding upward adjustment 40 acres 80 acres +25% 80 acres 160 acres +33% 40 acres 160 acres +100% 20 acres 160 acres +186% " Rough interpolations are used to correlate sizes other than those listed in the table. 47 158 Valdez Area Safes In the following table, sales in Robe Lake Subdivision are compared with sales in Lowe River Subdivision. The locations are generally similar but Lowe River Subdivision is across the river from the Richardson Highway. Data # Subdivision # Sales Access Date $/AC Adjustment 914 ROBE LK 4 sales Gravel AVG. 97-2000 $5,987 1 915 LOWER 2 sales None AVG. 99 $1,459 - 76% The indicated adjustment is overstated because Robe River also has phone and electric service. Rural Fairbanks Sales (Near Standard Creek Road) Similar sized lots on or near Standard Creek Road that are +/- 20 miles SW of the pipeline, with similar dates of sale are compared in the following table. Data # Legal/Location Acres Access Date Price Adjustment MLS# TL 1307 Standard 40 Gravel road 7108 $55,000 100406 Creek Road 2287 '/• mile NW Standard 40 Trail 8108 $32,500 - 41% Creek Road 2310 2.5 mile NW Standard 40 Trail 5107 $27,500• - 50% Creek Rd. Mean $30.000 - 45% Adjustment overstated due to inferior wetlands. McCarthy Sales Similar sized Iots in McCarthy Creek Subdivision that exhibit similar topographical features are compared in the following table. Data # McCarthyCr. Acres Access Date Price Ad ustment 907 L1/B5 9.6 Gravel road 1/99 $24,102 908 11-4/133 9.8 Gravel road 3/97 $27,000 Mean $25,550 909 1-9/2 10.2 Overgrown trail 11/01 $19,000 910 L61B5 9.2 Overgrown trail 12/98 $23,000 Mean 1 $21,000 -18% The sales in McCarthy Creek subdivision indicate an adjustment of —18% for parcels with improved access compared to those accessed via a trail. Fox (North Fairbanks) Sales This pair consists of two similarly sized parcels outside of Fox, Alaska, near the junction of the Old Steese Highway and Goldstream Road. Data # Legal/Location Acres Access Date $IAC Adjustment 911 Goldstream Tax Lis 147 8 148 22.736(paved) 6/97 $2,000 912 No improved Tax Lot 130 17.986 access 11196 $1,750 - 13% 48 159 This pair indicates an adjustment of approximately -13%. The adjustment is arguably understated because the adjoining owner purchased the site lacking access. Northwest Rural Fairbanks (Near Murphy Dome Rd) Sales This pair consists of two similarly sized parcels outside of in rural Fairbanks, near Murphy Dome Road approximately 17 miles SW of the pipeline. Data # Legal/Location Acres Access Date $!AC I Ad ustment - gym..._ $1,819 2295 5535 Cashe Creek Rd 38.48 Cashe .Creek Rd.(paved) 5109 2293 Tax Lot 2003 40.00 No i 4/08 $900 - 51 messed The adjustment is overstated due to a portion of #2293 being impacted by a meandering creek. Eagle, Alaska Sales Two similar sized parcels near Eagle Alaska are compared below. Data Legal Acres Access Date $lAC Ad ustment 811 Lot 6, USS 8696 39.94 1 Taylor Highway 6/00 $1,002 913 Lot 7, USS 8671 39.97 1 Boat/Snowmachine 11100 $751 - 25% This pair indicates a difference of -25%. The adjustment is understated because the site with no road access has the amenities of being located on the Yukon River. Homer, Alaska Sales Two similar sized parcels near Homer Alaska, on Kachemak Bay are compared below. Data Legal Acres Access Date $/AC Adjustment 3151 Tr. A Stone Step #2 & L1-23 Stone Step E. Add 135.83 Private gravel road 4/15 $9,990 3152 Tr. Q, Good Life Acres 188.7 Ocean 3/15 $3,005 - 70% This pair indicates a difference of -70%. Both parcels are ocean fronting, Iocated adjacent to one another; however, the adjustment is understated because the site with road access has additional lake frontage and electricity. Seldovia, Alaska Sales Two similar sized parcels near Seldovia Alaska, are compared below. Data Legal Acres Access Date $/AC Adjustment 2782 L2, 6, 7, Sec. 6, T9S, R14W S.M., AK 144.31 Gravel roads 1/07 $10,000 2784 USS #7676 134.99 Ocean 12/10 $2,482 - 75% The adjustment is overstated since the parcel with road access is near the town center of Seldovia. 49 160 Ninilchik / Kasilof, Alaska Sales Two similar sized parcels within the Kenai Peninsula Borough, are compared below. Data Address Acres Access Date $/AC Adjustment MLS #12- 22302 Cohoe Lp., Cohoe Loop Rd. 7925 Kasilof, AK 48.91(paved) 1/13 $1,544 114 mi. from MLS #09- Sterling Hwy.; rd. 11346 14427 Newell St. 40.0 not built 2/15 $623 - 60% The adjustment is slightly overstated since the parcel with no road access is more rural. Summary of Access Analysis The indicated differences are summarized in the following table. Area Valdez sales AdjustmentMarket Access -76% Overstates adjustment KPB sales Homer, Seldovia, Ninilchik/Kasilof .............. -60% to -75% Overstates adjustment Murphy Dome Sales -51% Overstates adjustment Standard Creek Road Sales -41 % to 50% Overstates adjustment Indicated Range of Adjustments - 25% to - 41 Ea le sales -25% Understates adjustment McCarthysales - 18% Understates adjustment Fox sales - 13% Understates adjustment The data suggests a general range of downward adjustments from -13RO to -76 °fie. This wide range can be attributed to the data availability (the marketability of parcels without access is comparatively limited) and a number of sub -market specifics. For example, in remote and emi-remote areas accessed by ATVs, snowmachines, boats, or aircraft, the significance of direct road access is diluted. In contrast, where a local platting authority requires the construction of roads to a minimum standard acceptable for maintenance, the market advantage of a parcel with adequate access is substantial. However, even in rural Fairbanks, comparables representative of the adjacent lands along most of the route (>40 acres) reflect a variety of access characteristics for which little distinction is evident. The relative quality of paved access and dirt road access is largely obscured by other inequalities (e.g., soils/topography, privacy, view shed, etc.). In summary, it is not practical to develop unique access adjustments for all of the sub - markets along the route. Given the nature of the adjacent lands and the representative comparables, a low -end universal adjustment is not unreasonable. For the purposes of our analysis, comparables with adequate improved access are correlated with a downward adjustment of 25%. Conversely, where the segment has improved access but the comparable does not, the comparable will be adjusted upward by 33%.18 18 1.00`(1-.25)=.75 .75 x (1 + .333) = 1.00 (rounded) 50 161 ELECTRICITY ADJUSTMENTS It is difficult to isolate quantitative adjustments for electricity, as various other characteristics such as location, soils, topography and access often mask the difference attributed to electricity. Truly comparable paired sales are rare. Regardless, a parcel with electricity available is superior to a similar parcel without electricity. The data summarized in the following table quantifies an adjustment for electricity. Description Downward Adjustment Cost of distribution line extensions19 $140/AC Paired Sales 2002 TAPS Appraisa120 10% to 50% 2013 Statewide MLS Search2l 20% 2013 Fairbanks MLS Search22 25% Reconciliation The dollar adjustment of $140/acre assumes that the market recognizes electricity availability in precise terms based on cost. However, the market is not precise and a percentage adjustment is more applicable. The data indicates a range of downward adjustments from 10% to 50% to reflect the lack of distribution electricity. Giving weight to the bulk of the data from MLS searches (20% to 25%), while recognizing the potential for other influencing factors to impact value, we conclude at the low end of the range, or -20% for the lack of distribution electricity. The corresponding upward adjustment is +25%. 19 2003 Electricity Adjustment Supplement, TAPS Renewal Appraisal, page 2, based on interviews with MEA, CVEA and GVEA. 20 Ibid., page 10. 212013 raw data search of 56 Sales, with orwithout electric, 80 to 160 AC, 2002 - 2012. Adjustment based on average unit price. 22 2013 raw data search of 110 Sales, with or without electric, 40 to 160 AC, 2002 - 2013. Adjustment based on average unit price. 51 162 LOW UTILITY LANDS RATIO ANALYSIS I relied on ratios measured by other appraisers that are generally accepted by users of appraisals in Alaska. A history of the comparison data is summarized in the following table(s). 52 163 .2uj y N =¢ma N N r T u t0 5 1+ G {p L A Q t- N n LO O C7 C 2 J N (� ❑ Y 0M M w b 0 f Q N tto a ~00i �� n m m ro ti ¢ aQ C SIM W Q » N T b? N y t LL U � 0 N O M t O C a U m y a T x er, c m IDU m En0) °w Lj na n Ae 41 -0 Q N N_ N _O 0 x in C lfl ! cr,Qn1 C C N C'7 n O N EE D C R G 7 yip � Q ¢O m ccM C O N do QN > Q LO 00 C a P V+ d _ Go d! G y IO Y P O Y a n 0 w (9 7 a � C'D cu e = ' N r > Ln to ¢ N Z5 O C — Q P > fa N C m C f7 r M p Q _ N > ^') Obi N m U O G C ¢ � P Np Q l=0 N ti M ot7 N O N X ty T z0 ❑ � C AG V vuit�°mv S a O "T' 7 [n Y LO '� Qm=V mL° ¢ O x 60 w C Q d N N E n oc c Li tao — m � a en Er ¢ 10 T pppp n Art T Z O ❑_ rGil mC C� N oclop 0 �zLO a'm a VIPTVf aHdCC E Z O c a m QN m N mTfn VT N n'I on AD I`2= (} i r O IQ iD ui N G O C3 ' Q Z N y o d' ty lA G O m`P # Y ¢ 7 0 61 cc O Cl O o T C m to co o 7 f N y N C aW ❑� = t` Em�Uc rL— ° x Pto E°r} C) 5 LL LL !L 0 LL LO Ln N G N N N N b N b c tC •d U r_ a M to O N p 41 t6 16 rL a .0 .0 /U C, fA J077 F F Z Z Z Z Z Z Z iA jY Ms W O Q1 o �r i❑ pi 9 p i0 ' J LL $ J N C �p G d H tlbl t0 b 7 O Q m N tyi U C Iy0 0. -a— N N w Vi p R t1 a p G1 \ -G co �U tcv amc-wmgm r Go N o I M _ac�a y O Cl) C ' Q C Vi N J — Ck to m Ci G7 b to = E! m Q 'o C p CI . to = — O O 7 ill Ln to ITt- ti 6 to to N 01 p m O _ _ to nl to of El N cD Go Q N t0 y D o pl Z U' a = n q P O ❑ ¢ o N w O m Z) az❑ � c n� Jn to F= F fir; gym • YF� N Q l4 °1 p C lr 'D G m iDn lD O R n W c; M C t�[ C to N w T y a O On y-6 y a n Y n t7 — t0 N 4 C N° N= N GO O y G 8 a -acc-, UL m C rn"�p to m y &� C UY.=..Y O� fA (7 �7 ❑ J a N G z m�8 8° r ° °N d¢ R 4 n$ v:o l i o 0 0 o to bz m�$ O. tO G Q to" cmM U m C c Y Q N f0 ❑ Mtn U A ❑ to �r 2 C amn n co ch T2 a c trj v, n v, a G tD Vi Ol vi > cli tp ❑ N to i7 =6YmcW.G V l4 . � c0.1 b N F G G > p 2¢ ¢ LL < p t=b C` a r a1 C H u t9 `y m 3 ? cD epn0 air ❑ Y w O -6 !� ro AO C Oo nau�yi m n•c m a r ; r Ln� ��,��Ra y¢M�J p p Y N e7 !! O y V is d' C ys> c H o min upi a p O y O N O—Y N� C oU ❑ Y c� bQ y m mW mam o co M Q uvi I I w Z. ya N 19 Y U m O in O t!) r G t„i Z lCt1 O o(j Ll Y N b¢ to - F F yY TtnO ❑ a � � N '2 Ld m¢13 Q$ ti N v I I F a c c vi .t in to C cL1 0 p c m O LO OrbZ a O a�O•r.pOM li ❑ y Q BR F y 0 a N LL s to y � p l6 LL N v am a U C N � y N 9N 9, C C G' LM dl . P U 'o t4 J❑ ❑ P P N in M Z M t1J 164 The factors range from 10% to 30% (rounded) but the data is inadequate in terms of meeting the market test implicit in the applicable value definition. They result from assessor and appraiser allocations (some unknowns are acknowledged) rather than competitive market forces. Because there is no clear pattern of market -driven conditions or preferences, there is no reliable means to correlate them. Nevertheless, the data is helpful in establishing a range and developing measures of central tendency: a median of 25% and a mean (average) of 23%. Despite the apparent inadequacies, the ratios are supported by comparisons of developable parcels in the Anchorage bowl with properties that have significant obstacles to development (challenged sites). Ratios — price for challenged sites as a % of the price of developable sites A wide range of ratios from 0% to 50% is suggested by the prospects for development of low -utility lands in the foreseeable future. A zero probability may not be unreasonable but it does not account for the long term speculative prospects. Where the market accepts the speculative risk but the unknowns are significant as well as the time and cost of securing entitlements; the probability of development in the near term is less than 50%. Narrowing the range is aided by the following comparisons; details are retained in our work file (#14-089-7). Comparison 1 Prices for developable multi -family parcels in 2006 generally ranged from $3.42 to $8.491SF. MLS #05 106202 (shaded) was an October 2006, open -market acquisition of a 5-acre parcel zoned for multi -family use. Nearly all of it is within the flood plain and wetland delineations. It was acquired by Wal-Mart for wetland mitigation. The listing agent (Andrea Gribbin, Prudential Jack White RE (907-562-6464) reported that it would be dedicated as park land The reported price was at $2.53/SF Fief. # Location Zoning Status Acres SF CEV $lSF #05-106202 Lore Road R-2A Oct-06 5 217,800 $550,000 $2.53 1218 SEC Arctic & 46th R-3 Mar-06 8.66 377,000 $3,202,000 $8.49 1543 Tract S Independence Park R-3 Jun-06 4.37 190,176 $649,500 $3,42 1501 2921 W. Intl. Airport Rd R-4 Sep-06 2.24 97,738 $740,000 $7.57 1545 7880 Nadine Street R-2M Sep-06 2.17 94,672 $525,000 $5.55 Excluding #1543 (price skewed by poor soils conditions [deep peat]), the price of the wetland parcel ranged from 30% to 46% of the upland parcels. Comparison 2 The sales of two lots that characterize the in -fill development pattern of older subdivisions are summarized in the following table. MLS # Location Zoning Status SF $ 11-11874 11-11876 Southwood Park Southwood Park R-1 R-1 Sold Nov-11 Sold Nov-11 7,000 7,000 $55,000 $55,000 The following properties in the paper -platted subdivisions near Dimond Boulevard and Minnesota Drive sold at about the same time. The area is classified as "B" wetlands. Access is not developed and public utilities are not immediately available. Lots in these subdivisions have been marketed for years as speculative investments. MLS # Location Zoning Status SF $ 10-9957 Laurel Acres R-1 Sold: Aug-10 8,750 $13,500 10-9179 Patricia Sub R-1 Sold: Apr-11 9,580 $11,800 A mid -range price ($12,650) equates to 23% of the prices reflected by the preceding sales ($55,000). 54 165 Comparison 3 A 2009 sale of an in -fill lot is summarized in the following table. MLS # Location Zoning Status SF $ 08-15191 Aurora Heights R-1 Sold: Apr-09 9,267 $110,000 The following sales in the paper -platted subdivisions near Dimond Boulevard and Minnesota Drive are similar in terms of time and size. MLS # Location Zoning Status SF $ 08-8247 08-8246 Laurel Acres Laurel Acres R-1 R-1 Sold: Apr-09 Sold: May-09 9,425 9,424 $16,000 $16,000 A price of $16,000 equates to 15% of the price reflected by the preceding sale ($110,000). Comparison 4 The following sales are similar in location and size. The upper end indicator is reflected by a lot with paved access and all utilities. The average price ($11,900) of two lots in the same subdivision with no road or utilities equates to only 10%. MILS # Location Zoning Status SF $ 10-4207 Patricia Sub R-1 Sold: Jun-10 10,250 $119,500 10-9179 Patricia Sub R-1 Sold: Apr-11 9,580 $11,800 10-9178 Patricia Sub R-1 Sold: Jan-14 11,677 $12,000 Reconciliation Comparison $ for challenged sites as a % of developable parcel $ Notes Because the intended use of the wetland parcel was preservation/conservation, the indicated range of 1 30-46% factors is suspect. These factors are arguably understated because in 2 23% addition to differences in access and 3 15% soils/topography, the factor also accounts for the difference in the availability of public water and sewer 4 10% — not a factor in the comparison of properties that require on -site well and septic systems 55 166 ALTA Commitment for Title Insurance First American My" By Commitment First American Title Insurance Company File No: 0227-3446921 COMMITMENT FOR TITLE INSURANCE Issued By FIRSTAMERICAN TITLEINSUP-ANCECOMPANY NOTICE IMPORTANT -READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COFIPANY INVOLVING THE [DNTEWr OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT 15 NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION Of TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DE7­ER11INE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO FXiRAC:OHTPACT UAL LIABILITY TO ANY PERSON, INCLUDING A PROPO INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CO TENT OF THIS COMMITMENT TO ANY OTHER PERSON_ COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule 8, Part I -Requirements; Schedule B, Part II -Exceptions; and the Commitment Conditions, FhsrAmerlcan 77t/e lnsurarrte Company, a Nebraska Corporation (the "Company"), commits to issue the Poky according to the terms and Ixovisiwks of this CommitmenL This Commitment is eFfi rove as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the sth Vie l dollar amount as the Pncaposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I -Requirements have not been met within six months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. First American Title Insurance Company D—J Gib= A.ildwd trp 5m01% S.C" PJ,1: 54857 NAME: SEWARD AIRPORT IMPROVEMENTS PCL #: 5 CURRENT OWNER CITY OF SEWARD If this Jacket was created electronically, it constitutes an original document. MIS Pi0eIf0*aivirafa2016ALTAd7for 70elesrrr2flce zWbyAWAmeyAmride lssw-"eCanpury 7h&Canc.P7rwteiwt va.W *Yffimt O5e Np&e; the M rt to Low AafrY, D7v Cn at clande w S rc _,ir A-Sdmvk le $ ParrI-Rw-,� -w ty, Scf**IF A Part a arep Tom Copyright 2006-2016 Amerkan Land Title Assodation. All rights reserved. The use of this Form (or any ilk+-eatx therwO is :r-mfLA to ALTA ke sees and ALTA memhus in goad smndhhg as of the date of use Allof hef uses are prohibded. Reprinted urder kense from the Amerlan Land Title,ram -t— rM 500037W (0-23-I0) r4o 1 of 10 ALTA Cnmmitmentfor Title Insurance (&I -Is M 167 COMMITMENT CONDITIONS 1. DEFINITIONS (a) "IGhtr wkdge" or'knhohvn': Actual or "%ftd knwvdedge, but not constructive notice imparted by the Public Records. (b) -land": The land &=kbrd In Schedule A and afRxed InVovmnents that by law constitute real property. The tenn'Land" does not inckide arty prr><herty d the lines of the area described in Schedule A, nor arty right title, interest estate, or e--keem in ah m3 m sbeM roads, —Rjeu -, alkyl, lanes, ways, or waterways, but this does not modify or HrM the extent that a right of access to and foam the land Is to be mired by the Policy. (c) "mWXPfle": A mortgage, deed of tout, or other sectM kstrurnent, Includinq One evidenced by electronic means authorized by Law. (d) "PoW Each contract: of We Insurance, In a form adapted by the r mencan Land Title Association, Issued or to be Issued by the CaM any pwwwrt to this Cominmhhent. (e) "Propcc-d Insured': Each person bellied in Schedule A as the mposed I nsired of each Policy to be Issued pusuant to this rlafahhrlmmL (f) -Nnpnm d Poky Arno4rY': Each dollar amount spetyled In Srhreide A as the Proposed Polley Amarnt of each Policy to be Issued pursuant to this CommfimenG (q) 'Public Records': Records established under state statutes at the Carnm1meht Date for the p:fpuse of krnparttnq constructive notice Of matters miAM to n.5d prthMV to phantasms for value and without KWWW�. (h) "T6fe': The estate or Interest described In Schedule A. 2. If as of the Schedule % Part I—Requinernetts have not been met within the tune period specified In the Conrrdb iwt to Issue Polley, this Conwilt ei d trrmi hates and the [cr"y's liability and oblgatlon end, 3. The CmwWs Landry and obligation is limited by and this Ccmmih--.t es not valid without (a) the Notice; (b) the cwmvLmem to Issue Paley, (c) the Ca mhmT& t Conditions: (d) Schedule A; (e) a4duk 8, Part I—AEgib erriL Z; and (f) 5r B, Part H—Euepaons. 4. COMPANY'S RIGHTTO AMEND The Company may arnend this Co mdtrnent at any time. If the Comp x y an K4 & this UznnvM.trt to add a defect fen. hxud b ai Ke, terse cL*k or other matter re m—k O In the Pudic Records prior tD the Commitment Date. any kabiNty of the Cmhparry Is Bmxed by Corrimbnent Cob S. The Corrgmi iy shall not be liable for any other amendment to this Comrngment 5. LIMITATIONS OF LIABILITY (a) The Cmp&Ws LVAty under Commtment Condition 4 is bmited to the Proposed Insured's actual expense Incurred in the Interval between the Company's delivery to the Pnxposad Insured of the Commlbnent and the delivery of the amended Commitment rmdttm front the P mVW td Lismed s good faith reliance to: (1) ownply with the Srhedik B, Part l ne ' (B) elrr trr a , with the Cmyisrrfs warren consent any Schedule B, Part Ill —Exceptions; or (W) acquire the Tide or create the Kxra-am mired by this Conurillment (b) The Cmparry shag not be Bable under Gum. ItrTffA Condition 5(a) if the Proposed Insured requested the P.7rndrrr rut or had Itnclw't ,rim of the matter and did not notify the Carrar4 about it in w ritinq. (c) The &xnp r y wig only have gaWn under Commmitment Condition 4 if the Proposed Insured would not have Incurred the expense had the Comngrnent Included the added matter wherh the Cortrsu[mew was last delivered to the Proposed Insured. (d) The Corr4arry's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described In Cana wment Cmdlnans 5(a)(1) tmLKj h S(aXW) or the Prop ased Poky Amount (e) The Lwpwri shall not be gable for the content of the Tradsacwa Identification Data, If any. (f) In no event shag the C>ampairr' be obNgated to Issue the Policy refereed to In this Commimnent unless all of the Schedule 8, Part I-tequtements have been met to the satlsfacWn of the Company. (q) In arN event the Comp r y s liability is limited by the term and proydccm of the Poky TTuspipe/s-"+'', aAarof32016ALTAP Cchmrlvtment1, TraFlnsurarxrBwrdbyFusramtYk.,TId2lnswanceComAanr. fiis[emnYtrhrtisnot valid n1ftut 1h2 AkVre the Cz mrrvtrrrrnt m Issue Poky* the ear^o t Cartitkr+;' Schedule 4 apart 5-FireP901m Copyright 2ON-2016 American Land Title Association. All rights reserved. The use of this Form (or any dedvative thereof),s restricted to ALTA kmsm and ALTA members Rn good standing as of the date of use. A8 other uses are pmNbKed. Repintcd under license from the American Land TWe Association. SEIg03700 (8-23.10) 2 of 1g m ALTA COmitnent for Tide Insurance (8-1-16 57 168 6. UABILrrY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) (mly a Proposed Insured ldenttlied in Schedule A. and no other person, may make a claim ureter this commitment (b) Any claim must be based in carM-ad and must be restricted Solely to the terror and provisions of this Carmiytment. (c) Until the Policy is ismted this Camnibnent, as last revised. Is the exchdm and entire agreement between the parries with respect to the subject matter of this C.ornmitrnent and %*"series all prior corrmitrTmA negotiations, representations, and proposals of any lord, whether mitten or oral, express or irnplied, relating to the subject matter of this Commilt ent (d) The deletim or modification of any Schedule B, Part D—Exception does not tmstitirte an agreement or obligation to provide coverage beyond the terms and provisions of tits Commitment or the Policy. (e) Arty amerdment or endorsement to this Commitment must be in wr" and authenticated by a person audotmd by the Company- (f) When the Poky is Issued, all MbOty and obklaUm Urder this Commitment will end and the ComparyrS arty Batt ity will be tinder the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The Issuing agent is the Company's agent only fix the limited purpose d issui q title Insurance commit nernt5 and policies The Issl 4 agent is not the Carparys agent for the purpose of providing closing or settlement services 9. PRO -FORMA POLICY The Company may provide; at the request of a Proposed braced, a pro-kmia policy illustrating the wverage that the Company may provide. A pro -forma policy neither reflects the scats of The at the time that ttx pro-kff= poky ls delivered to a Proposed IrKured, nor it it a mms3npnt to rinse. 9. ARBITRATION The Policy suntans an arbitration clause. Ag arbitrable matters when the Proposed Policy Amount is S,txxl,Ixxl or less Shall be arbitrated at the option of e&w the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules Thar pace is a* a pat ofa 70I6,U rA* Crxwn&ment for ntfe Insurance issued by Rist Amwkran Tick hM arce C&W,1y. Thh Commitment & not told nib0;wf tine AWce, the Cro =Vmvrt m Isis Poky, the Cw=ftmt Candtronu Schedule A, Sche da;e d Part I -Re wtmmentv Sehedu1eB, Parr A-Ficepokl € Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) Is restricted to ALTA kensees and ALTA members In gaud standing as of the date of use. All other uses are poh bited. Reprinted under license from the Amert[an Land Title Amclatlon. 50003T00 (8-2.1-19) e 3 of 10 ALTA Commitment for Tale Insurance (8.1-16 Ala 58 169 ALTA Commitment far Tide Insurance First American Law BY Schedule A First American Title insurance Company File No: 0227-3446921 Transaction IdentlAcation Data farrefene"e, only. Issuing Agent: First American Tile Insurance Company Issuing Office. PO Box 469 f 51Ki Adams St, Ste Nxl. Seward, AK 99664 Issuing Offices ALTA@ Registry ID: Issuing Office File Na.: 0227-3446921 Commitment No.: 0227-3446921 Pi o sty Address: Portion of ATS 174, (Plat S-55), Seward, AK Revision No.: NUMBER TWO SCHEOULE A 1. Commitment Date: March 26, 2021 8:00 AM 2. Pdxy (or Polices) to be issued: (a) 20M ALTA@ Standard Owner's Policy Proposed Insured: State of Alaska, Department of Transportation fl Public Facilities Proposed Policy Amount: $TBD Premium: $TBD Tabulation of Saks $11iti,rwi 3. The estate or interest in the land described or referred to in this Commitment is Fee Simple 4. The Tide is, at the Cornmitnent Date, vested in: CITY OF SEWARD S. The Lard is described as follows: ALASKA TIDELAND SURVEY 174, according to Plat -5-55 filed in the Seward Recording District, Third Judicial District, State of Alaska; BUT ONLY TO THAT PORTION located in the East 1/2 of Section 2, Township 1 South, Range 1 West, Seward Meridian, and that portion located let Section 3, Township 1 South, Range 1 West, Seward Meridian, bounded an the West by Parcel 8, U.S. Survey 9000. RrstAnredran 7711e InsuranceConipany 4 ut, Kristi A. Larson, Title Officer 7hlsluyr&o'a'YaPitt Dfa1016ACTAOCir tfar r1deInsmanre&wedbyA3tA?wKae rdeInsw2nreCwtawy. 77&CLwi,;+t wrArnpt roAd 1 fVk tt the AbOICr• fhe C.arorgr-t to LMO R 1k the CofnmMrant r ar>d S[heglrk A Stlx diaF 61 Pafil RepukrrrreriLy Srhe+aFrAe 4 Pbrt 0-Fireplarm Copyright 3WG-3016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) Is resutted to ALTA licensees and ALTA members in good stabl ng as of the date of use. AN other uses are probbted. Reprinted urder kkense from the Amerhan Land Title Association. 5XIMA10 (8-23-18) (Page 4 of 10 I ALTA Col Mr-wt for TWe Llsurance (8.1-16 59 170 ALTA Commitment for Title Insurance First American MWED BY Schedule BI & BII FlrstAmerican Title insurance Company File No: 0227-3446921 SCHEDULE 8, PART I Requirements All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who wilI obtain an interest in the Land or who will make a ban on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insureed_ 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public RecnrdS. 5. P eleases{s) or Reconveyance(s) of Item(s): 6. 1. If any document in the completion of this tram.-wt x, is to be executed by an attrwrwy-in-fact, the contemplated Power of Attorney form should be submitted for review prior to closing. 2. The State of Alaska, Division of Insurance has issued its Order R92-1. The ruder in part, requires the immediate belling and colk ction of the minimum charge for this Commitment within 30 days of the first tolling. In the event this transavdm fails to close, the minimum billing Will be the cancellation fee in accordance with our fixed rate schedule. NOTICE In 1999, the Alaska Department of Natural Resources Megan recording maps of claimed rights of way which may have been created under a federal law known as'RS 247T, pursuant to Alaska Statute 19.30.400. Because the maps are imprecise, the exception from coverage shown on Section 2, Part 1, Paragraph 4 has been taken. Questans regarding the State's RS 2477 claims should be directed to the Department of Natural Resources. Public Information Center 550 W. 7th Avenue. Suite 1260, Anchorage, Alaska 99501 (907) 2694AM). NOTICE The attached plat, if any, is furnished as a courtesy only by First American Title Insurance Company, and is not part of Commitment or the Policy. The plat is furnished solely for the purpose of assisting in locating the Land and does not purport to show all highways, roads or ease°rnents affecting the Land. No reliance should be placed upon this plat for location or dimensions of the Land and no liability is assumed for the correcMess thereof. rho pope B any a part afa 2026 ALTAdf —t for ride lnwrarxe iwied by First Amerkarr nde 1hvx2nw CagAujy 7hts Cv+r+ - -n ,-r B nor wid wNiout the Ah ,-the CwrTAb f to ZaLw Ai6rP: the Come) xrtCandCio W sdxduk A: srhededr A Pant Reprbemenc� sr r1 _fir Q P7rt O t--ff Copyright 2ON-2016 American Land Title Association. All rights reserved. The use of this Form (or any derNaWe thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. Ali ether uses are M*bftd. Reprinted urder kmse from the American Lard U& ArmLaJan. 5MM7oo (8-23-18) Page s of io ALTA Grewivne ntfor Title Irwarce (M 16 171 ALTA Commitment for Title Insurance FirstAmerican Is5MBY Schedule BI & BII (Cont.) First American Title Insurance Company File No: 0227-3446921 SCHEDULE B, PART II Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVEFtkNT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE WENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SIX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the temts and prm&-4mr of any lease or easement identified in Schedule A, and will include the following Exceptions unless dpareed to the satisfaction of the Company: 1. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the fast time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I -Requirements are met 2. Taxes or asw -ts which are not shown as #�xi5inq liens by the records rf any taxmq Awt -rty that levies taxes or m5sessinrrits on real property or by the Publz Pecor& 3. Any facts, rights, interests, or claims which are not shown by the Public Records but which could be ascertained by an inspection of the Land or by malung inquiry of persons to vo-, m ion thereof. 4. Easements, claims of easement or encumbrances which are cot shown by the Public Records. 5. Rights of the state or federal government and/or the public in and to any portion of the Land for nght of way as established by Federal Statute RS2477 (whetter or not such rights are shown by recordings of maps in the Public Records by the State of Aia5ka sf,sowing the general location of these rights of way.) 6. Discrepancies, conflicts in boundary lines, shortage in area, ewc oad'iments, or any other facts which a correct survey wou'd disclose, and which are not shown by the Public Records. 7. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 8. Any lien, or right to a lien, for services, labor or materials or medical assistance heretofore or hereafter furnished, imposed by law and not shown by the Public Records. Thtrpaxlsm1kaAwta(a706A[ TAM CammlhnenthorA4+lnsusrwftwdbyRrstAmoninwTWIrmnaweewtpwr 71eM�vna_ .rt/rrur valid iidthoert the Abdce the [Lrrx t1" t cohost shkr the Cmxrufixnt Sdxr6k A Srhesfuk A P:rt! RrOturk try 5[AnduleQ part 11 &Mpeb s Copyright 2006-2016 American land Title Association. All rights reserved. The use Of this Form (or any &m7we Umvof) is npsM4t t to ALTA kensees and ALTA members in good standing as of the date of use. All otlier uses are pWdblted. Reprinted urdw [tense from the Amentan Land Tide issmzop (Fain 50003700 (8.23-I8) IPage 6 of 10 I ALTA Comer tnwt forTkle bmrancr (8-1-16 NEW 61 172 9. Reservations or exceptions in patents or in acts authorizing the issuance thereof. VI- Reservations or exceptions State of Alaska Patent Recorded: July 18, 1968 Recording Information- Book 3P at Page 89 Said patent, among other things, reserves all oil, gas and other minerals together with the privileges, mining and driling rights and tmrnunities. Note: Tide to the mineral estate, as it pertains to said ieservatim, has not been further searched and no insurance is provided under this pobcy- 11. Taxes and/or Assessments due The Kenai Peninsula Borough for the year 2021, are a lien, but levy therefore has not been made - NOTE: Subject property is in not on the Kenai Perunsula Borough Tax RollL 12. Any adverse claim based upon the arsseibm that some portion of said land is tide or submerged lands, or has been created by artificial means or has accreted to such portion so created 13. Any preference tfohts which may exist under the Alaska land Act, terms, provisons and reservations under the Submerged Lands Act (43 USCA 1301, 67 Stat. 29} and the enabling act (Public Law 85- 508, 72 Stat. 339). 14. Terms, provisions and reservations under the Suln-mc ued Land Act (43 U.S.CA Sections AM through 1311) and the nghts of the United States of America to regulate commerce, navigation, food control, fishing and production of power, 15. Any prahibttion or limitation on the use, occupancy or improvements of the land resulting from the nght of the public or riparian owners to use any waters which may cover the land or to use any pxtton of the land which is now or may formerly have been covered by water. 16. Rights of the public and of governmental bodies in and to that portion of the premises herein described lying below the high and low water mark of any water source. 17. Reservation of section line easement 33 feet ii i width along each side of section line as provided by 43 USC 932 and reenacted by 1721 CLA 1933. 18. Reservation of section line easement 51, feet in width along each side of section line as provided by AS- 19,1111.11110. This papeisa*apart ofaM16ALMta^"�-'p':�!tfar ride lasurawe&Ws dbyFWAllfhvkan171 ftWanCeCantianr ThSr-farrot iald hfftuf d,e MOYke,• the Cevontlbncmt to tsroe Poky; die icrr—f C—Z-, t See+duk a, Sfhedi+k & Parr1-kequ1mnWM,- Rlkitk B, Part A-Fru�n€ Copyright 2006-2016 American Land Title Assodation. All rights reserved. The use of this Form (or any derivative thereoO Is restricted to ALTA koisees and ALTA members in good standing as of the data of use. All other uses are p vWbited. Reprinted under license from the American Land T16 Assmhvjon. 5=37W (8.23-18) page 7 of 10 ALTA Commitment for Tate Insurance (8-1-16 AJaOA 62 173 19. No map showing the location and dimensions of the land exists, and no assurance is given as to the krcatimr and dimensions. NOTE: The legal description as contained herein has been modified from that as ordered to conform to the record title. Please review carefully to verity that this is the property intended to be covered by the contemplated transaction. 2u. Any shortage in area or any discrepancy in the exact location of the premises resulting from insufficiency or ambiguity in the krgal description contained in the documents referred to herein. 21. Rights of access and egress to subject properties. We find no Notice in the records of any dedicated or improved roadways abutting them. 22. Unrecorded leases, subleases or periodic tenancies, if any. Note: Our search of die 'public records' as defined In the Policy of Title insurance to Issue, discloses no matters against State of Alaska. 77VYPage Is v* a part afa 20ISAt rJO Cwnnutmentfar Title Insurance &ued by FlatAmerrcan Trek Insisance+ Company. This CommrCnerrt is not vaid irdfhaut 1hP Abohre; !hr Camrrs9Ynerrf tD lssrx Rainy; the CMMOrentCandlT M Sdieduk A.SdndiA d. Pdrrl RequlrRments' Sfhr;iuk Parr Copyright 2006-2016 American Land Title ASSo[iatiori. All rights reserved. The use of this Form (or any derivattve i}ierwo is resMcted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under kense from the American Land Tttk Assoctation. 50M-M (&2,-I8) 11310 8 of 10 ALTA Commitment For Title Insurance (8.1.16 I-V 174 Prooertv Identification Record ID 3857 Property Type Recreational Address NSN Riverside Drive, Seward, AK Location Resurrection River USGS Quad Map Seward A-7 Latitude, Longitude 60° 7'48.88"N/ 149024'20.38"W Tax ID Various: 7- lots Legal Description See remarks Plat Record 15 Property Rights Fee simple Sale Data Grantor Bolstridge/Rott Grantee N/A Sale Date July 01, 2003, Expiration date Deed Book/Page N/A Sale Price $10,000 Financing N/A Adjustments None Marketing Time 374 Conditions of Sale No sale Verification Other sources: MLS# 02-307128, Confirmed by Ryan McGillivray, June 05, 2021 Neighborhood Vacant/Unimproved tideland/river frontage Land Data Access River Topography Level & heavily treed Soils Located Win floodplain; wetlands & tidal influence; sloughs bisect Utilities None Shape Rectangular Zoning Resource Management Other Expired listing- See remarks Amenities None Present Use (At Sale) Vacant land Highest and Best Use Recreation Intended Use NrA Assessed $ (At Sale) N='A Land Size Information Gross Land Size 22.990 Acres or 1,001,444 SF Indicators Adjusted Sale $/Gross Area $435fAcre- Expired Remarks Unsold expired listing of 7 lots located adjacent the Resurrection River. The lots are not all adjoining however, the bulk of the acreage (20.82 acres) is located on 1 lot. The parcels are accessible from the 64 175 Resurrection River. The listing agent is no longer working and phone numbers for the seller were not found. Jr I i KJP•.�wa s�rJrJar TRAWFOW SUBDIVISION" ux+Prrrmv r... � ��_AY.I•w •.r ws�r._ �_ a IYI M p•Nr pI ; � •.M f1••rr �.. �' yr. •:rinu Leon lil!'4 I.—M2 IM LIT S -TILT n. I1.c(N1► 1 t77' LPrks I .SOT PLOT 1! � rY _ _ _-� .A w.rr I••. r• 65 176 Property Identification Record ID 3145 Property Type Remote Recreational Property Name Head of Resurrection Bay Address NIA Location Head of Resurrection Bay, between the Seward Airport and Nash Road, in Seward, Alaska Tax ID 14502230 Legal Desc. Parcel 1 — All of the SW 114 of the SE114 in Sec. 35, T1 N, R1 W, Seward Meridian, AK Legal Desc. Cont. Parcel 2 — N112 of Lot 2, in Sec. 2, T1S, R1W, Seward Meridian, AK Sale Data Grantor Timothy McDonald Grantee Bruce and Wanda Sue Harris Sale Date January 1, 200B Deed Book/Page 2008-000042-0 Recorded Plat NIA Property Rights Fee simple Marketing Time NIA Conditions of Sale No undue stimulus reported; arms -length transaction Financing Cash Sale History NIA Verification MacSwain Associates, File No. 07-1660 Sale Price $115,000 Land Data Zoning RM — Resource Management District Topography Ranges from low-lying marsh area to level vegetated areas. There are several sloughs and waterways meandering through the parcel. Utilities None, remote Shape Mostly rectangular Access Dirt trail and boat Soils Located within a floodplain and contains some wetlands; regardless, there appears to be several suitable building sites. Land Size Information Gross Land Size 62.0 Acres or 2,700,720 SF Front Footage Is bisected and fronts a tributary of Resurrection River Indicators Sale Price/Gross Acre $1,855 Sale Price/Gross SF $0.04 Remarks The parcel is located in a vacant area between the Seward Airport and Nash Road. It is located within a floodplain and contains some wetlands. Access is limited to a dirt trail and boat. Overall, the parcel is suited for recreational uses being on a tributary of the Resurrection River. 67 178 q E Tr au v�T — lmd I'LL .1 Jai; r "07 r77 - TW,,W r' A r4' Proaerty Identification Record ID 3858 Property Type Recreational Address 2011 Sharon Avenue, Seward, AK Location Adjacent the Seward Airport and Resurrection River USGS Quad Map Seward A-7 Latitude, Longitude 60° 8'3.33"N/ 149024'40.47' W Tax ID 14502222 Legal Description Lengthy legal- portion of US Survey 722 Plat Record None Property Rights Fee simple Sale Data Grantor Patricia A. Freeman Revocable Trust Grantee NIA Sale Date July 22, 2009, Date of expired listing Deed Book/Page NIA Sale Price $100,000 Financing NIA Adjustments None Sale History See remarks Marketing Time 355 Conditions of Sale See remarks Verification Marcus Mueller (907-714-2205), May 27, 2021; Other sources: MLS# 08- 11132, Confirmed by Ryan McGillivray Neighborhood Mixed -use; industrial to the north, airport west/south and river east Land Data Access River Topography Bulk of the acreage is in the river; portions treed on east and south Soils Primarily floodplainlwetlands Utilities None Shape Primarily rectangular Zoning Resource Management Other Expired listing- See remarks Amenities None Present Use (At Sale) Vacant land Highest and Best Use Recreation Intended Use NIA Assessed $ (At Sale) NIA Land Size Information Gross Land Size 71.880 Acres or 3,131,093 SF Indicators Adjusted Sale $/Gross Area $1,391/Acre- Expired listing Remarks Unsold, expired listing located adjacent the Seward Airport and Resurrection River. The parcel was donated in 2015 to the Kenai Peninsula Borough for $1 and closing costs (2015-000152). 180 I \�[�� :] |. . � | ' - ProDertv Identification Record ID 3859 Property Type Recreational/residential Address 110 Aialik Street, Seward, AK Location Base of Mt. Marathon USGS Quad Map Seward A-7 Latitude, Longitude 600 7'12.24"N/ 149'27'10.03"W TaxiD 14823015 Legal Description Lengthy legal- portion of US Survey 931 Plat Record Portion USS 931 Property Rights Fee simple Sale Data Grantor David Dexter & M. Lisa Paesani Grantee Justin K. Waite Sale Date May 07, 2013, Pending date Deed Book/Page 2013-000855 Sale Price $80,000 Financing Cash Adjustments N/A Sale History Listed for $90,000 Marketing Time 231 Conditions of Sale No undue stimulus reported Verification Todd Peterson (907-224-3350), June 07, 2021; Other sources: MLS# 12-13369, Confirmed by Ryan McGillivray Neighborhood Adjacent Seward infrastructure Land Data Access Available from Aialik Street and Vista Avenue Topography Steep and heavily treed Soils Appear adequate Utilities Electricity adjacent Shape Primarily rectangular Zoning Resource Management Other Restrictions None noted Amenities Scheffler Creek adjacent Present Use (At Sale) Vacant land Highest and Best Use Residential/ Recreation Intended Use Unknown Assessed $ (At Sale) N/A Land Size Information Gross Land Size 49.850 Acres or 2,171,466 SF Indicators Adjusted Sale $/Gross Area $1,6051Acre Remarks Sale of a parcel located at the base of Mt. Marathon, adjacent Seward infrastructure. The listing and selling agent was unsure of the buyers intended use. No improvements have been constructed since the purchase. 71 182 • �i♦R 1ilY •Cuss I .✓1 irrr rr M.yM r•r1�. Yrl , I 1 I r I I J4 r C�c-3 r � � ''Z-4 h zi I -4 I �r 1 I :j 41 L. 1 -1� 3 C:X R �yrf N mom 7°E�%70 � � a �Rr prrrK • vrw a anra � r rr+awn�en.. m we a� osr= nwwrQ.at t. amb e : rr'.o w � re. r+wo. n .a.aar.w.a r w r �n s ++�..ra m.�nr.s w�a�• uo.na.wtr..w�r.wtr..s.a us rn rnm r s. rs. .ur*n.n mae� .su T.7.eei y 4 r PJI'ORD of sEA�vpr USS 931 Pmcwt Oesag wd kr Book 121, Page 970 ir.wv freaeip rao*t Alw w At L. S.~ 4 71sI/W LL we 183 Pronertv Identification RecordlD 3252 Property Type Vacant acreage Location NSN Bayshore Drive Nearest Community Seward, AK Legal Description Tract A-1, Harbor View Estates, Plat #97-26 Tax ID 14521005 USGS Quad Map Seward A-7 Latitude/Longitude 6007'59.15'N/149Q23'2.66"W Legal Description Tract A-1, Harbor View Estates Subdivision (Plat No. 97-26) Tax ID 14521005 Property Rights Fee simple or equivalent (where there are no documented subsurface resources and the probability of discovery is believed to be low, the market does not distinguish between the fee simple and the surface estates). Sale Data Grantor David Harr Grantee Andrew J. and Julie Wilder Sale Date July 26, 2016 Instrument SWD Document Number 2016-000772-0 Sale Price $185,000 Recorded Plat 97-26 Marketing Time Grantee contacted owner regarding potential sale via telephone Conditions of Sale No undue stimulus reported; arms -length transaction Financing Cash Sale History Sold for $150,000 on May 16, 2005, days on market NIA Verification Andrew J. Wilder (907-224-2092), March 08, 2018; Confirmed by George Mies Neighborhood Mixed -use rural neighborhood Land Data Access Undeveloped driveway (Bayshore Dr. right-of-way) just off Nash Road (paved) Topography Fairly level, wooded Soils Upland portion soils appear adequate Utilities Electricity available. Shape Irregular Zoning Unzoned- Outside of Seward City limits. Other Restrictions See Remarks Amenities None Present Use (At Sale) Vacant Highest and Best Use Mixed -use development Intended Use Hold for future development Assessed $ (At Sale) $106,300 Land Size Information Gross Land Size 39.780 Acres or 1,732,817 SF Indicators Sale Price/Acre $4,651 Remarks About 1/3 of the parcel is within the 100-year Flood zone of the Resurrection Rive. Development in the flood zone is allowable but subject to the Kenai Peninsula Borough Floodplain Development Ordinance (21.06) which requires a development permit for all structures and all other development "including fill and other activities." 73 184 4S. owl 186 LIMITING CONDITIONS A! ASSUMPTIONS This appraisal report has been made with the following general assumptions: 1. No responsibility is assumed for the legal description provided or for matters pertaining to legal or title considerations. Title to the property is assumed to be good and marketable unless otherwise stated. 2. The property is appraised free and clear of any or all liens or encumbrances unless otherwise stated. 3. Responsible ownership and competent property management are assumed. 4. The information furnished by others is believed to be reliable, but no warranty is given for its accuracy. 5. All engineering studies (if any) are assumed to be correct. The plot plans and illustrative material in this report are included only to help the reader visualize the property. 6. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures that render it more or less valuable. No responsibility is assumed for such conditions or for obtaining the engineering studies that may be required to discover them. 7. It is assumed that the property is in full compliance with all applicable federal, state, and local environmental regulations and laws unless the lack of compliance is stated, described, and considered in the appraisal report. 8. Unless otherwise stated in this report, the existence of hazardous materials, which may or may not be present on the property, was not observed by the appraiser. The appraiser has no knowledge of the existence of such materials on or in the property. The appraiser, however, is not qualified to detect such substances. The presence hazardous materials may affect the value of the property. The value estimated is predicated on the assumption that there is no such material on the property that would cause a loss in value. No responsibility is assumed for such conditions or for any expertise or engineering knowledge required to discover them. The intended user is urged to retain an expert in this field, if desired. This appraisal report has been made with the following general limiting conditions: 1. Possession of this report, or a copy thereof, does not carry with it the right of publication. 2. The appraiser, by reason of this appraisal, is not required to give further consultation or testimony or to be in attendance in court with reference to the property in question unless arrangements have been previously made, 3. Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraiser, or the firm with which the appraiser is connected) shall be disseminated to the public through advertising, public relations, news, sales, or other media without the prior written consent and approval of the appraiser. Additional Assumptions and Limiting Conditions: 1. Any opinions of value provided in the report apply to the entire property, and any proration or division of the total into fractional interests will invalidate the opinion of value, unless such proration or division of interests has been set forth in the report. 76 187 APPRAISER QUALIFICIATIONS Brian Z. Bethard, MAI State Certification No. 281 General Education Service High School, Anchorage, Alaska - Graduate 1989 The Colorado College, Colorado Springs, CO - Bachelor of Arts, Economics 1993 University of Alaska, Anchorage, Anchorage, AK - MBA 1996 Employment History Black -Smith, Bethard & Carlson, LLC - Managing Member — 2005 + Black -Smith and Richards, Inc. - Fee Appraiser -1995 to 2005 Randall, Hayes, and Henderson, Inc. - Fee Appraiser -1993 to 1995 Appraisal Courses/Seminars Taken Residential Case Study - University of Alaska Anchorage -1994 Uniform Residential Appraisal Report - Appraisal Institute - 1993 Standards of Professional Practice, Part A & B - Appraisal Institute - 1996 Advanced Sales Comparison & Cost Approaches - Appraisal Institute - 1997 Appraisal Principles & Procedures - Appraisal Institute -1998 Highest and Best Use Market Analysis - Appraisal Institute - 1998 Advanced Applications and Market Analysis - Appraisal Institute - 1998 Report Writing and Valuation Analysis -Appraisal Institute, 1998 Advanced Income Capitalization, Course 510 - Appraisal Institute - 2000 Intro to Statistics & Supporting Adjustments - Appraisal Institute - 2002 Market Studies for Affordable Housing - NH&RA - 2002 Standards of Professional Practice - Appraisal Institute — 2002/03/04/05/07/09/11/13/15 Subdivision Analysis - Appraisal Institute — 2004115 Rates & Ratios —Appraisal Institute— 2005 Principles of Real Estate Law— IRWA— 2005 Skills of Expert Testimony — IRWA — 2006 Analyzing Distressed Real Estate — Al — 2006 Condemnation Appraising — Al — 2007 Appraisal Challenges in Declining Markets — At, 2009 Forecasting Revenue — Al, 2009 USPAP Update — At, 2011 Yellow Book — Al, 2011 Appraisal Curriculum, General — Al, 2011 Real Estate Financing, Statistics & Value Modeling — Al, 2013 Appraisal of Limited Service Hotels — Al, 2015 Certifications Alaska State Certification: General Real Estate Appraiser #281 Affiliations Member Appraisal Institute (Member No. 11857) President: Alaska Chapter Appraisal Institute — 2005 & 2006 Vice Pres: Alaska Chapter Appraisal Institute - 2004 77 188 W.- 189 Typical Clients Cook Inlet Housing Authority Northrim Bank Alaska Housing Finance Corp. HDR Engineering The Municipality or Anchorage The City of Valdez Alaska Industrial Development & Export Authority Wells Fargo Bank Key Bank State of Alaska Department of Natural Resources First National Bank Alaska Alaska First Bank Denali Alaska Credit Union Department of Justice lkensa #7 APRG281 Effective. 6=021 Eapiros. 06r3wSZ3 Aooraisal Assilanrrtents Various Multifamily, Land and Special Purpose Attwood Building Rent Study, Anch., AK Kenai Senior Housing Market Study, Kenai, AK Highlands Luxury Apartments, Anch., AK The Veco Building, Anch, AK City of Valdez Assessment, Valdez, AK Charter North Hospital, Anch„ AK McKay Building, Anch., AK Alaska DOT Building, Juneau, AK Alyeska Pipeline Appraisal, Prudhoe - Valdez 15th Avenue Extension ROW Project, Anch., AK Saint Paul Health Clinic, St Paul, AK Residential Mortgage Building, Anch., AK Sprucewood Housing, 300 Units Eielson AFB State of Alaska Department of Commerce. Community, and Economic Development Division of Corporations, Business, and Professional licensing Board of Certified Real Estate Appraisers Licensee: BRIAN ZANE BETHARD License Type: Certified General Real Estate Appraiser Status, Active Commissioner. Julie Anderson 79 190 General Education University of Alaska Anchorage, Bachelor of Arts, Journalism Public Communications, Minor Business, 2004 Service High School, Anchorage, Alaska — Graduate 1998 Appraisal Courses Taken Appraisal Institute- Basic Appraisal Principles; 1/2008 Appraisal Institute- General Appraiser Income Approach Part 1; 4/2008 Appraisal Institute- Uniform Standards of Professional Appraisal Practices; 11/2008 Appraisal Institute- Basic Appraisal Procedures; 3/2009 Appraisal Institute- General Appraiser Market Analysis and Highest & Best Use; 3/2010 Appraisal Institute- General Appraiser Sales Comparison Approach; 6/2010 Appraisal Institute- General Appraiser Site Valuation and Cost Approach; 6/2010 Appraisal Institute- General Appraiser Report Writing and Case Studies; 10/2010 Appraisal Institute- Real Estate Finance, Statistics and Valuation; 5/2011 Appraisal Institute- Income Valuation of Small, Mixed -Use Properties; 12/2012 IRWA- Principles of Real Estate Law; 12/2012 ASFMRA- Income Approach for General Appraisers; 4/2013 Appraisal Institute- Litigation Appraising: Specialized Topics and Applications; 3/2015 Appraisal Institute- National USPAP 7-hour Update; 4/2015 Appraisal Institute- National USPAP 7-hour Update; 4/2017 Appraisal Institute- Residential and Commercial Valuation of Solar; 512017 Appraisal Institute- Eminent Domain and Condemnation; 6/2017 Appraisal Institute- Uniform Appraisal Standards for Federal Land Acquisitions: Practical Applications; 4/2018 Appraisal Institute- How Tenants Create or Destroy Value: Leasehold Valuations and its Impact on Value; 5/2019 Appraisal Institute- National USPAP 7-hour Update; 6/2019 Appraisal Institute- Small Hotel/ Motel Valuation; 6/2021 Appraisal Institute- Cool Tools: New Technology for Real Estate Appraisers; 612021 Appraisal Institute- Subdivision Valuation; 6/2021 Appraisal institute- National USPAP 7-hour Update; 6/2021 Certifications Alaska State Certification: General Real Estate Appraiser #970 Business Experience Black -Smith, Bethard and Carlson, LLC, Appraiser, October 2006 + Licensed Real Estate Agent, Alaska, December 2005 Lfcenm dive 7202t State of Alaska Elfa�sne 6122R021 Erpns. 0 3=123 Department of Commerce, Community, and Economic Development Division of Corporations, Business, and Professional Licensing Board of Certified Real Estate Appraisers Licensee: RYAN T MCGILLIVRAY License Type: Certified General Real Estate Appraiser Status: Active 191 Lm 0 � ,w W M L. n^ O O W a ak U. ■ T Y� � AMA Yf m E M M ■ L L U. rL V a IRYA CO in IC "D [- 00 = 00 ON 01 C O - - N N r 'Y cn 'T w) �D LLJ o f ; O Z Q Z .0 �, O J O cs on o Z c w O :. z W cn yv•� 0 4 Ecn Q s O A a, c4 a o z O" m Z F- c C• v) IMCI to y u cn M 'a tV u 73 N ^G U c. +' -0 v to to C u ,> G NU. _G •Cfl C.C. 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U 'O O Lm, bA al t C4 ^ L.2s1 d �� E- ax,d ..°r .0 .0 Resolution 2022-038 Documents: • Resolution 2022-038 • Attachments: o PACAB Resolution No. 2022-004 o AEA Grant Agreement Amendment o Heat Loop Grant Opportunities Currently Identified by COS Grant Writer with R&M Engineering NOVA City Council Agenda Statement Meeting Date: March 14, 2022 To: City Council From: Port and Commerce Advisory Board Agenda Item: Resolution 2022-038: Directing PACAB to Create and Lead An Ad Hoc Committee of Interested Community Members to Identify Available Funding Sources to Continue the Ground Source/Seward District Heat System Project to Completion Background and justification: On November 26, 2018, the City of Seward received a $725,000 grant from the Alaska Energy Authority's (AEA) Renewable Energy Fund to build the Ground Source/Seward District Heat System demonstration project via Resolution 2018-089. This project has been placed on the 2022-2027 City of Seward Capital Improvement Plan list and is awaiting additional funding. The project was designed to provide primary heat for the City Library/Museum and City Hall Annex, with options to include the City Hall and Fire Station. The project has stalled due to a substantial increase in the projected cost; according to the AEA in a letter dated June 23, 2020, the original cost estimate for the project was $882,497, but rose substantially to $3,600,934 after an independent cost estimate was conducted. On February 16, 2022, PACAB approved Resolution 2022-004 to request that council direct PACAB to create a committee to research funding opportunities for this project. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.1.1.2 Continue to support efforts to develop alternative energy sources. Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ This legislation (✓): Creates revenue in the amount of: Creates expenditure in amount of: Creates a savings in the amount of: x Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted x Not applicable 041W Unassigned Fund Balance and Available Unrestricted Cash Balance Information Fund (✓): General SMIC Electric Wastewater Boat Harbor Parking Wat F1 Healthcare Motor Pool Other Unassigned Fund Balance*: $ *unaudited numbers Available Unrestricted Cash Balance*: $ Finance Signature: (�' ! )tf Attorney Review✓ Administration Recommendation RxYes x Adopt Resolution Not applicable Other: WE Sponsored by: Bower Postponed: March 14, 2022 CITY OF SEWARD, ALASKA RESOLUTION 2022-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, DIRECTING PACAB TO CREATE AND LEAD AN AD HOC COMMITTEE OF INTERESTED COMMUNITY MEMBERS TO IDENTIFY AVAILABLE FUNDING SOURCES TO CONTINUE THE GROUND SOURCE/SEWARD DISTRICT HEAT SYSTEM PROJECT TO COMPLETION WHEREAS, on November 26, 2018, the City of Seward received a $725,000 grant from the Alaska Energy Authority's (AEA) Renewable Energy Fund to build the Ground Source/Seward District Heat System demonstration project via Resolution 2018-089; and WHEREAS, this project was designed to provide primary heat for the City Library/Museum and City Hall Annex, with options to include the City Hall and Fire Station; and WHEREAS, the project is fully shovel ready for construction; and WHEREAS, the benefits to the community are broad and include long term economic and environmental benefits; and WHEREAS, the project has substantial merit, beyond a return on investment, by showing the feasibility and benefits of using geothermal heat generated from Resurrection Bay; and WHEREAS, the project has stalled due to a substantial increase in the projected cost; according to the AEA in a letter dated June 23, 2020, the original cost estimate for the project was $882,497, but rose substantially to $3,600,934 after an independent cost estimate was conducted; and WHEREAS, funding sources from Federal Grants and private contributions are likely available; and WHEREAS, project costs can best be controlled by timely and creative approaches; and WHEREAS, on February 16, 2022, PACAB approved Resolution 2022-004 to request that council direct PACAB to create a committee to research funding opportunities for this project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Council herby directs the Port & Commerce Advisory Board (PACAB) to create and lead an ad hoc committee of knowledgeable interested citizens to identify '04111 CITY OF SEWARD, ALASKA RESOLUTION 2022-038 and recommend available sources of funds to complete the Ground Source/District Heat System Project. Section 2. The committee will advise council on construction methods and long term maintenance. The committee will not commit or expend any funds in relation to this project without council's express authorization. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 29th day of March, 2022. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) THE CITY OF SEWARD, ALASKA Christy Terry, Mayor 0491.9 Sponsored by: Board Member Jaffa CITY OF SEWARD, ALASKA PORT AND COMMERCE ADVISORY BOARD RESOLUTION 2022-004 A RESOLUTION OF THE PORT AND COMMERCE ADVISORY BOARD OF THE CITY OF SEWARD, ALASKA, REQUESTING AUTHORIZATION FROM THE CITY COUNCIL FOR THE BOARD TO APPOINT AND LEAD AN AD HOC COMMITTEE OF INTERESTED COMMUNITY MEMBERS TO IDENTIFY AVAILABLE FUNDING SOURCES TO CONTINUE THE GROUND SOURCE/SEWARD DISTRICT HEAT SYSTEM PROJECT TO COMPLETION WHEREAS, on November 26, 2018, the City of Seward received a $725,000 grant from the Alaska Energy Authority's (AEA) Renewable Energy Fund to build the Ground Source/Seward District Heat System demonstration project via Resolution 2018-089; and WHEREAS, this project is was designed to provide primary heat for the City Library/Museum and City Hall Annex, with options to include the City Hall and Fire Station; and WHEREAS, the project is fully shovel ready for construction; and WHEREAS, the benefits to the community are broad and include long term economic and environmental benefits; and WHEREAS, the project has substantial merit, beyond a return on investment, by showing the feasibility and benefits of using geothermal heat generated from Resurrection Bay; and WHEREAS, the project has stalled due to a substantial increase in the projected cost; according to the AEA in a letter dated June 23, 2020, the original cost estimate for the project was $882,497, but rose substantially to $3,600,934 after an independent cost estimate was conducted; and WHEREAS, funding sources from Federal Grants and private contributions are likely available; and WHEREAS, project costs can best be controlled by timely and creative approaches. NOW, THEREFORE, BE IT RESOLVED BY THE PORT AND COMMERCE ADVISORY BOARD OF THE CITY OF SEWARD, ALASKA that: Section 1. The Port and Commerce Advisory Board is interested in taking the initiative to appoint and lead an ad hoc committee of knowledgeable interested citizens to identify and recommend available sources of funds to complete the Ground Source/District Heat System Proj ect. PAIN PORT AND COMMERCE ADVISORY BOARD RESOLUTION 2022-004 Section 2. This committee will advise council on construction methods and long term maintenance to minimize undo strain on City resources and Departments, and is requesting that council admonish them to lead this endeavor. The committee will not commit or expend any funds in relation to this project without council's express authorization. Section 3. This resolution will be brought to council on February 28, 2022 for consideration. Section 4. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Port and Commerce Advisory Board of the City of Seward, Alaska, this 16th day of February, 2022. THE CITY OF SEWARD, ALASKA Brandii Holmdahl, Chair AYES: Jaffa, Smith, Woelkers, Hughes, Paquette, Holmdahl NOES: None ABSENT: Lawrence ABSTAIN: None ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) 0411.1 DocuSign Envelope ID: 121 ODD2A-OA1 4-42BC-8686-Cl 4EA04E1 CCE Alaska Energy Authority ALASKA Grant Agreement X�O& ENERGY Amendment AUTHORITY Grant Agreement Number CFDA# Amount of Funds AEA use only 1 7091242 $ 725,000 Managed Pass-thru Project Code(s) Proposal No. Period of Performance: 407109 RE91242 From: 09/01/2018 To: 3/31/2022 Project Title Heat Pump System for City of Seward GRANTEE GRANTOR Name City of Seward Alaska Energy Authority Street/PO Box Street/PO Box PO Box 167 813 W. Northern Lights Blvd. City/State/Zip City/State/Zip Seward, AK 99664 Anchorage, AK 99503 Contact Person Contact Person Doug Schoessler Josi Hartley, Project Manager Phone 1 Fax Tdoug@cityofseward.net Email: Phone Fax Email: 1 907-224-4058 907-771-3919 907-771-3044 jhartley@akenergyauthority.org AMENDMENT 4 Extend Period of Performance to March 31, 2022. City of Seward will use this extension in order to allow the City of Seward additional time to investigate alternative funding sources for the remainder of the project construction costs in the federal Infrastructure Investment and Jobs Act. The Authority and the City of Seward will continue to discuss the outlook for additional funding in the coming months to determine the appropriate steps forward for the project. All other terms and conditions remain unchanged. Grantee Authority Project Manager AEA Director Signature Date Signature DocuSigned by: Date Signature DocuSigned by: Date ` 1/19/2022 1/1 022�(f// J ette Bower, era ... Josi Hartley, Kirk Warren, City Manager Project Manager AEA Director Executive Director or Designee Signature Do Signed by: Date Curtis Thayer, I 1/19/2022 AEA Executive Director Page 1 of 1 0401 Minimum Project Type Grant/Loan Program Administrator Funding Range Local/Non-Federal Match Unknown at this Energy Efficiency and Conservation time Unknown at this Program Block Grant Pro g Dept. of Energy ($550,000,000 time program total) Unknown at this Heat Pump Energy Improvement in Rural and time Unknown at this LoopRemote Areas Dept. of Energy ($1,000,000,000 time program total) Unknown at this State Energy Program Dept. of Energy time ($3,980,000 Unknown at this time total for AK) Pitt, Development - Phase Funding Application Open/Deadline Eligible? The first funding opportunity Yes is expected for release in the Fall of 2022. Applications for funding are Unknown at this expected to be open in Fall time of 2022 Estimated first round of Unknown at this funds released date, 2nd time quarter 2022 pas Notes Broad range of eligible uses to improve energy efficiency and reduce greenhouse gas emissions, including the heat loop project. Eligible uses: (1) Overall cost-effectiveness of energy generation, transmission, or distribution systems; (2) siting or upgrading transmission and distribution lines; (3) reducing greenhouse gas emissions from energy generation by rural or remote areas; (4) providing or modernizing electric generation facilities; (5) developing microgrids; and (6) increasing energy efficiency These funds will be distributed to states for their own energy programs --For AK, this will likely be distributed to the Alaska Energy Authority (where the Renewable Energy Fund Grant came from) P&VA Ordinance 2022-007 Documents: • Agenda Statement • Resolution 2022-007 PA City Council Agenda Statement Meeting Date: March 29, 2022 To: City Council Through: Janette Bower, City Manager From: Jason Bickling, Community Development Agenda Item: Ordinance 2022-007: Amending Seward City Code 8.15.145 Allowing More Flexible Use Within the Construction Camp Site Provision Background and justification: The current housing shortage creates a catch 22 with construction crews that are looking to build more housing. Also, many potential construction sites in zoning districts have zero lot lines and don't have room for the crews to stay on site. These modifications would allow crews to stay on other sites or designated sites for those construction projects. The language has been amended as follows: • Subsection A has been amended to reference the language in Title 15. • Subsection B has been amended to strike reference to a mobile home. A mobile will not be allowed for use for temporary living or work space. • Subsection B.2. allows another designated site to be used when the construction site does not have adequate space or when it interferes with construction operations. • Subsection B.4. requires the submission of an application for the use. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.2.1, 3.3.1 Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ 0 This legislation (✓): Creates revenue in the amount of: Creates expenditure in amount of: Creates a savings in the amount of: X Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted Not applicable Finance Signature: t (�' )tf 01e! Attorney Review✓ I I Administration Recommendation RYes X Not applicable XeAdopt Resolution Other: PAP Sponsored by: Bower Introduction: March 29, 2022 Public Hearing: April 11, 2022 Enactment: April 11, 2022 CITY OF SEWARD, ALASKA ORDINANCE 2022-007 An Ordinance of the Seward City Council, Amending Seward City Code Chapter 8.15.145 Allowing More Flexibile Use Within the Construction Site Camping Provision WHEREAS, Seward has a significant housing shortage; and we need places for workers to help solve the housing shortage; and WHEREAS, this shortage impacts the ability for developers to build to help solve that housing shortage; and WHEREAS, this code modification would give more flexibility for worksite camping than is currently allowable. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code Section 8.15.145 is hereby amended to read as follows (new language is in bolded italics and underlined and deleted language is stricken): 8.15.145 - Recreational vehicles and mobile homes outside of Municipal Campgrounds, Camper Parks and Mobile Home Parks. A. Campinz unit length. A camping unit not to exceed forty-five feet in length, may be stored on a private lot in all zoning districts, as referenced in Title IS . B. Recreational vehicle use durinz construction proiect. On For a construction project, awe heme of recreational vehicle may be used for temporary living or work space: 1. At the project site, 2. At another designated site when the construction site does not have adequate space or when it interferes with construction operations, 3. Not to exceed length of project_ 4. if An application for this use is shall be submitted by the owner or manager of the project, site or property and is approved by city manager or designee. C. Sales lot. In a mobile home, or recreational vehicle sales lot, one mobile home or recreational vehicle, may be used as an office for sales lot business only. Section 2. This ordinance shall take effect ten (10) days upon adoption. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, the 1 lth day of April 2022. PA12' Resolution 2022-040 Documents: • Agenda Statement • Resolution 2022-040 • Attachments: o Resolution 2020-009 o USACE Japanese Creek Report PA VA City Council Agenda Statement Meeting Date: March 29, 2022 To: City Council From: Janette Bower, City Manager Agenda Item: Resolution 2022-040: Approving the Re -Appropriation of $75,576.87 In Funding By the Kenai Peninsula Borough Towards the Japanese Creek Flood Mitigation Project Background and justification: Resolution 2020-009 approved the appropriation of $135,000 towards the City of Seward's share of the funding for the Japanese Creek Feasibility Study. This project was a joint collaboration between the City of Seward, United States Army Corp. of Engineers, Kenai Peninsula Borough, and the Seward Bear Creek Flood Service Area. The project produced a feasibility study which informed the participating entities on next steps which are targeted at improving flood control (see the attached technical report). The forecasted project cost was $900,000 and actually came in under budget. The next phase in the project is for the borough to contract with a private entity to move forward with mitigation in the lower portion of Japanese Creek, continuing flood risk, mapping efforts, and production of shovel ready plans for Dieckgraeff Road. This resolution provides approval to the Kenai Peninsula Borough to redirect the City of Seward's "reimbursement" of $75,576.87 towards continuing work on the mitigation project. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Natural Hazards 14.2 Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ This legislation (✓): Creates revenue in the amount of: Creates expenditure in amount of: Creates a savings in the amount of: x Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted x Not applicable 01f: Unassigned Fund Balance and Available Unrestricted Cash Balance Information Fund (✓): x General SMIC Electric Wastewater Boat Harbor Parking Wat F1 Healthcare Motor Pool Other Unassigned Fund Balance*: $ *unaudited numbers Available Unrestricted Cash Balance*: $ Finance Signature: Alt Attorney Review-' Administration Recommendation x Yes x Adopt Resolution Not applicable Other: 09K Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2022-040 A Resolution of the City Council of the City of Seward, Alaska, Approving the Re -Appropriation Of $75,576.87 In Funding by the Kenai Peninsula Borough Towards the Japanese Creek Flood Mitigation Project WHEREAS, Resolution 2020-009 approved the appropriation of $135,000 towards the City of Seward's share of the funding for the Japanese Creek Feasibility Study; and WHEREAS, this project was a joint collaboration between the City of Seward, United States Army Corps of Engineers, Kenai Peninsula Borough, and the Seward Bear Creek Flood Service Area; and WHEREAS, the project produced a feasibility study which informed the participating entities on next steps which are targeted at improving flood control; and WHEREAS, the project came in under its forecasted $900,000 budget and $250,000 is scheduled to be returned to the project sponsors; and WHEREAS, the Borough will be receiving the City's portion of the refund from the project remaining balance; and WHEREAS, the Kenai Peninsula Borough is considering an ordinance on April 5, 2022 to redirect the remaining funds to a project to continue work on the design and implementation of additional flood control measures; and WHEREAS, this project will have a positive impact on flood control on areas affected by Japanese Creek. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is authorized to agree to the re -appropriation by the Kenai Peninsula Borough of $75,576.87 in funds towards the Japanese Creek Mitigation and Flood Control Project. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 29th day of March 2022. 040, Sponsored by: Meszaros CITY OF SEWARD, Al.ASKA RESOLUTION 2020-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING ;MATCHING FUNDS IN THE AMOUNT OF $135.000 TOWARDS THE CIT1"S SHARE OF FUNDING FOR THE JAPANESE CREEK FEASIBILITI' STUDY, AND APPROPRIATING FUNDS WHEREAS, Seward %\as built by divcrwig the two riVcrs that crcatcd OLll- ailikvial fans: 1.oWC11 C'reci: w o, dig crtcd by tlic diversion tunnel and Japanese Creek was diverted 90 degrees to the north by a levee built following the 1980 and 1995 flood e,, ents; and WHEREAS, the Seward City Council has adopted federal and state legislative priority lists for many ycars, seeking federal and state funds to create a Japanese Creek Drainage :area Improvenicrit Plan; and WHEREAS, the Japaiicse C'reck levee now protects over $140 million in infrastructure, including all three of our boroi.lih schools, city power plant, and Providence Mountain Haven elder care faci 1 itv; and WHEREAS, the .lapanese Creek has a history of stream dai71nmig and surge -release floods. Debris -laden flood events have becli reported 11 times in the last five decades, with major flood events in 1986, 1995, 2006, and 2012; and WHEREAS, the most recent study found the levee could be overtopped alid breached in a 10 to 20 year flood eve.iit. In the event of a landslide in the canyon, and a subsequent debris - laden SM-e release, flows would have an unpredictable flow path and coUl(l cau:sc severe and possibly catastropliic daria,cs along the alluvial fan; and WIIERF:AS, the estimated cost of the feasibility study is S9(][).000. witli tlic U.S. Army Corps of En-iticers (tI-S ACF) providing $450,000 towards this. Tlic three local partners are to provide the S450,000 match: the Kenai Peninsula Borough Mayor is in support of providing a S 13 5,000 match and a resolution will go before the assembly in February, 2020; and the Seward Bear Creek Flood Service Area has allocated $180,000 of its funds; and WHEREAS, 1011ow•ing the feasibility study, construction of the selected preicrred alternative will require a local match of up to 35%. The feasibility study on its own will provide important information regarding the current status of the levee and alternatives for flood risk miti-ation '111d Sediment management. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that - ON CITY OF SEWARD, ALASKA RESOLUTION 2020-009 Section 1. I he City Council hereby awhot-1z s a City matching contribution of $135,000 log ,,Cird the Japancsc Crcck I casibility Swdy. Section 2. Funding in the an mw ( o l' S 135.000 is heireh v appropriated from the Capital Acquisition Fund reserves account no. 5001 []-0000- 37 ] 0-t 000-0117 to the project contracted services account no. 80117- 0000-7009. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 27'h day of January, 2020. a l/I�;L;[Tl" lF� SF: LA> ,ALASKA Christy T rry, M r AYES: Qsenga, Baclaan, Butts, McClure, Terry NOES: None ABSENT: Seese, Lane ABSTAIN: None ATTEST: `Brenda a 1 , MMC City Clerk •s"ssassIa, Clte� "` ( y OF S� i ',•.� ■ G I • p ;ti) SEARL owl Council Agenda Statement Meeting Date: January 27, 2020 To: City Council Through: Scott Meszaros, City Manager From: Jackie C. Wilde, Community Development Director Agenda Item: A Resolution of The City Council of The City of Seward, Alaska, Authorizing Matching Funds in The Amount Of$13 5,000 Towards the City's Share ofFunding for The Japanese Creek Feasibility Study, and Appropriatir�ds BACKGROUND & JUSTIFICATIOTI: The Seward City Council has adopted federal and state legislative priority lists for many years, seeking federal and state funds to create a Japanese Creek Drainage Area Improvement Plan. Seward was built by diverting the two rivers that created our alluvial fans. Lowell Creek was diverted by the diversion tunnel and Japanese Creek was diverted 90 degrees to the north by a levee built following the 1986 and 1995 flood events. Japanese Creek has a history of stream damming and surge -release floods. Debris -laden flood events have been reported I I times in the last 5 decades with major flood events in 1986, 1995, 2006, and 2012. The most recent study found the levee could be overtopped and breached in a 10 to 20-year flood event. In the event of a landslide in the canyon, and subsequent debris laden surge release, flows would have an unpredictable flow path and could cause severe and possibly catastrophic damages along the Aluvial fan. The Japanese Creek levee now protects over $140 million in infrastructure, including all three of our borough schools, city power plant, and Providence Mountain Haven elder care facility. The Seward/Bear Creek Flood Service Area Board has determined Japanese Creek levee as their number one priority for risk mitigation. In 2010, the City requested assistance from the USACE under the Continuing Authorities Program Section 205 of the 1948 Flood Control Act, as amended. In 2013, the US Army Corps of Engineers completed a $ 1 OOK preliminary study and authorized the project to progress to the feasibility study phase. In 2019, the Borough Mayor, Seward City Manager and SBCFSA board chair requested the USACE move forward with the feasibility study and agreed to share the cost of the required funding match. citst of fie feasibiliv slidy is $900 Vt Iff-I "0974=617MMIs NO I I! - W, I_A_C;Cf� Jr 141194- 3CUT IUC r_,V_Cd HUS W1*CdLC@7$ 11AFF Following the feasibility study, construction of the selected preferred alternative will require a local match of up to 35%. 293 INTENT This $ 135,000 contribution will be used to conduct a feasibility study that will provide important information regarding the current status of the levee and alternatives for flood risk mitigation and sediment management. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (2030, approved by Council May 30, 2017) 14 Natural Hazards 14.2 14.2.3 (Pages 31 & 32) x Strategic Plan (Approved by Council Resolution 99-043): 2. x 3. Other x Matching funds for this study will be appropriated from the Capital Acquisition Fund. Current reserve levels in this fund are just over $1.6 million. Approved by Finance Department 4- ATTORNEY REVIEW: Yes No Not Applicable —X RECOMMENDATION: City Council approves Resolution 2020- 009 Authorizing Matching Funds in The Amount Of $135,000 Towards the City's Share of Funding for The Japanese Creek Feasibility Study, and Appropriating Funds. P-12"! Technical Report US Army Corps of EngineersD Japanese Creek Flood Risk Reduction Seward, Alaska September 2021 OR Technical Report September 2021 Japanese Creek Area Culverts Culverts under Dieckgraeff Road in the Japanese Creek braidplain vicinity Legend Cuhierts Japanese Creek Unnamed Tributary US Army Corps 0 125 260 600 of Englneers5 Feet Figure 4. Dieckgraeff Road culverts 9 226 � �r '�`� & a �� , tom""- :c�*,} - � w ~. � t "� r i - �'!ky 1 F z �� � - � ���. ��..� .t „„� :ti. �.fY'�G§°C',.s;kM1�u,� Y u.� � `i. flb ✓�. ".� t .._ .... .� � .. .�.�% 3.2.4. Road Modification Anecdotal information states that the culverts under Dieckgraeff road are under the elevation of the floodplain upstream and downstream. However, it is not recommended to raise the elevation of Dieckgraeff road without a full hydrologic analysis due to the risk of increasing flood risk around the road. It is possible that paving a spillway on the top of Dieckgraeff road could improve waste trucks accessing the dump after an overtopping event, but this was not investigated by the team. Another alternative would be to install more culverts, such as two 4, or larger culverts so that one culvert could be closed for maintenance. It is possible that a box culvert shape could make it easier to perform maintenance. Lastly, a bridge crossing was briefly considered. A bridge would allow access to the dump site as higher flow conditions than present and would not need to be regraded if overtopped. However, the costs of installing and maintaining a bridge are high and were not investigated. `E; 228 Technical Report September 2021 flood event with 974,000 cy of sediment, water jumps the channel and spreads over the alluvial fan. The water depth is minimal, only one to two feet in some areas, which is likely too shallow to occur significant damages. Therefore, the sensitivity analysis revealed that the current sediment (as of the 2009 LiDAR survey) of Japanese Creek, coupled with a 0.2% flood does not incur enough damages to justify a project. rYt f. r€ .i ty 0.2%Wit out Project �, No added Sediment Ayr' 151 �' �`'- _ 0.2% without Project Figure 18. Modeling flood depth grid results with additional sedimentation 6.1.3 Rehabilitating Embankment Initial investigations focused on rehabilitating the existing embankment (Alternatives 2 and 3). During the site visit, the uppermost extent of the embankment at the mouth of the canyon was observed to be in good condition. Vegetation did not permit a close inspection of the stone, but the presence of vegetation indicates that the area has not experienced recent erosion. The elevation of this section of embankment appeared to provide adequate protection. Moving downstream, the displacement of large armor stone was observed, as well as sections of exposed geotextile fabric (Figure 19). MR O Technical Report September 2021 sediment trap is performing regular maintenance and should be constructed in a location to provide easy access to a side dump. Figure 22. Basic sediment trap design. Another possible mitigation measure would be to construct a groin or series of groins consisting of rock perpendicular to the direction of flow, extending out into the channel. The groin would push the flow of the main channel away from the edge of the embankment. Behind and downstream of the groin, sediment would be allowed to deposit, acting as a mini sedimentation basin. The sediment would need to be regularly removed for the groin to function properly. 6.2 Second Iteration A total of three structural alternatives (summarized in Table 6) were identified as options to reduce the costs of sediment management and ease the impact of sediment deposition. Values listed in this document are based on fiscal year (FY) 2021 price levels unless otherwise noted. Annualized benefits and costs are computed using a 50- year period of analysis and the FY21 federal discount rate of 2.5 percent. One nonstructural alternative of moving the waste transfer station was briefly discussed but was ruled out due to costs. In addition, Alternative 2a was screened out after the initial cost analysis based on the high cost. Therefore, Alternative 1 a and Alternative 3a were 41 P919 Technical Report September 2021 warning system as identified in Alternative 1 a. 6.2.2 Evaluation of Hydraulic Modeling Results- Second Iteration Second iteration hydraulic analysis focused on the downstream channelization (dredging) alternative (2a). This alternative included excavating and lining a channel with rock as shown in Figure 23 along the alignment shown in Figure 24. The channel capacity would be approximately 1 % percent chance exceedance, or a 100-year flood. The dredging channel location follows the existing channel as closely as possible and could improve conveyance of sediment to the Resurrection River. Figure 23. Downstream dredging channel cross section A jiY°_Y 1. ♦ n.' trt4 7lja�:._ `•_� "} r ° _ 01, p tea; ,d*+ ' 'ox 'v ,F n � 49 d N a' Figure 24. Downstream dredging channel location (orange). 43 P91 KENAI Budget T Segments Account Number Account Name 259: SEWARD-BEAR CREEK FLOOD SVC AR SubTotal : 259: SEWARD-BEAR CREEK FLOOD SVC AR f►�7� 1�l f i«�>�A_1�►l�ili�� 7_���:liircT:Ln►i�'� SubTotal : 271 : MISCELLANEOUS PASS THRU GRANTS 290 : SOLID WASTE SubTotal : 290 : SOLID WASTE Total Expenditures 259-21212-20SFS-4011 REGULAR WAGES 259-21212-20SFS-4021 FICA 259-21212-20SFS-402: PERS 259-21212-20SFS-403: LIFE INSURANCE 259-21212-20SFS-4041 LEAVE 259-21212-20SFS-4301 CONTRACTUAL SERVIC 259-21212-20SFS-4311 COMMUNICATIONS 259-21212-20SFS-432: CAR ALLOWANCE 259-21212-20SFS-499c-JAPANESE CREEK FEAS 271-94910-20SFS-4301 CONTRACTUAL SERVIC 271-94910-20SFS-499c-JAPANESE CREEK FEAS 290-32150-20SFS-4301 CONTRACTUAL SERVIC 290-32150-20SFS-499c-JAPANESE CREEK FEAS ON PENINSULA BOROUGH o Actuals Statement Report Report Option: Income Statement From Date: 07/01/202 From Account: To Account: Run Date: 03/10/2022 User:bharbaugh Report By: FUND Wildcard Accounts : ***-*****-20SFS-***** Original Budget Revised Budget Actuals Date Range Current YTD Actuals 0.00 0.00 48.26 48.26 0.00 0.00 3.84 3.84 0.00 0.00 10.61 10.61 0.00 0.00 0.13 0.13 0.00 0.00 8.08 8.08 0.00 10,000.00 -2,252.54 -2,252.54 0.00 0.00 0.94 0.94 0.00 0.00 1.97 1.97 0.00 88,516.57 0.00 0.00 0.00 98,516.57-2,178.71-2,178.71 0.00 0.00-1,689.42-1,689.42 0.00 73,887.45 0.00 0.00 0.00 73,887.45-1,689.42-1,689.42 0.00 0.00 -1,689.42 -1,689.42 0.00 73,887.45 0.00 0.00 0.00 73,887.45 -1,689.42 -1,689.42 0.00 246,291.47-5,557.55-5,557.55 233 Current YTD Enc Total Committed Budget Variance Percent Remaining 0.00 48.26 -48.26 0.00% 0.00 3.84 -3.84 0.00% 0.00 10.61 -10.61 0.00% 0.00 0.13 -0.13 0.00% 0.00 8.08 -8.08 0.00% 10,000.00 7,747.46 2,252.54 23.00% 0.00 0.94 -0.94 0.00% 0.00 1.97 -1.97 0.00% 0.00 0.00 88,516.57 100.00% 10,000.00 7,821.29 90,695.28 0.00-1,689.42 1,689.42 0.00% 0.00 0.00 73,887.45 100.00% 0.00-1,689.42 75,576.87 0.00-1,689.42 1,689.42 0.00% 0.00 0.00 73,887.45 100.00% 0.00-1,689.42 75,576.87 10,000.00 4,442.45 241,849.02 234 ) sasaaesa( a( a( k f \age!}ee\ } �\ } �\ ) w I o° °o ( f \ ) \ o j §§§§§\666 | §§ | §§ / ):§s;/;;; { \o \ \6 E ƒ ]fj§§)/§§ / jIo k jww ) $&E 0cc 2|(/ ________ _ __ 52;o o — a�{}°e»$ ®J z;:!!!4: a ±;{22o o u �==ems= !& \;ca ( ) }/}§ o 2 _\//i) ] §§/Kl0 §f §f ; \\\\\\\\\ \\ \\ % §§§§§§§§§ §§ §§ ) ))))))))) \\ )) \ ) \ & § ) - !) o— \( ) E \ \ \ \ Resolution 2022-041 OBI Permission to Occupy Documents: • Agenda Statement • Resolution 2022-041 • Attachments: o Email Request to Occupy P9�: City Council Agenda Statement Meeting Date: March 29, 2022 To: City Council Through: Janette Bower, City Manager From: Jason Bickling, Community Development Agenda Item: Resolution 2022-041: Allowing OBI Seafoods Inc. to Occupy their Employee Campground beginning March 29, 2022 Background and justification: OBI Seafoods has requested permission to occupy their employee campground on March 291" as some of their current housing is still undergoing remodeling. City Code currently doesn't allow them to occupy housing before April 15, unless through City Council Resolution as referenced below City Code 15.10.226 (j)(1) Employee campgrounds are for established businesses with high seasonal employment of transient workers, and are not to be construed as construction camps. No employee campground may be open for more than 180 days per calendar year, and may not open earlier than April 15, nor remain active later than September 30, except by resolution of the City Council based on specific findings that a longer term, earlier opening date and/or later closing date is warranted because of special circumstances. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.1.1.4, 3.1.1.5, 3.1.1.6 Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ This legislation (✓): Creates revenue in the amount of: Creates expenditure in amount of: Creates a savings in the amount of: x Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted x Not applicable 237 Unassigned Fund Balance and Available Unrestricted Cash Balance Information Fund (✓): General SMIC Electric Wastewater Boat Harbor Parking Wat F1 Healthcare Motor Pool Other Unassigned Fund Balance*: $ *unaudited numbers Available Unrestricted Cash Balance*: $ Finance Signature: Alt Attorney Review✓ Administration Recommendation RxYes x Adopt Resolution Not applicable Other: 238 Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2022-041 A Resolution of the City Council of the City of Seward, Alaska, Allowing OBI Seafoods to Occupy their Employee Campground beginning March 29, 2022 WHEREAS, commercial fish processing is an integral part of the Seward economy; and WHEREAS, the City wants to continue to expand the quantity of fish processing that takes place at Seward processors; and WHEREAS, their temporary housing is still undergoing remodeling; and WHEREAS, OBI Seafoods has requested to occupy their worker housing earlier than the April 15 start date. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section I. OBI Seafoods has permission to occupy their worker housing beginning on March 29, 2022. Section 2. This resolution is effective upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 29th of March 2022. AYES: NOES: ABSENT: ABSTAIN: THE CITY OF SEWARD, ALASKA Christy Terry, Mayor 239 Jodi Kurtz From: Jason Bickling Sent: Friday, March 18, 2022 2:25 PM To: Jodi Kurtz Subject: FW: employee housing Hi Jodi, Can we add the email below as an attachment. This is the official request. Jason From: David Ramirez <david.ramirez@obiseafoods.com> Sent: Friday, March 18, 2022 12:39 PM To: Jason Bickling <jbickling@cityofseward.net> Subject: employee housing 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. Hi Jason, Per our phone conversation. OBI Seward would like to occupy the employee housing starting March 29t",due to the ongoing remodeling of our other employee housing will not be finalized in time for the arrival of our employees. Thank you in advance, David Ramirez OBI Plant Manager 1 240 Resolution 2022-042 Documents: • Agenda Statement • Resolution 2022-042 • Attachments: o Portable Toilet Services Invitation to Bid o Q & A Addendum o Resurrection Rental Bid PZ1Ii City Council Agenda Statement Meeting Date: March 29, 2022 To: City Council Through: Janette Bower, City Manager From: Tyler Florence, Parks & Recreation Director Agenda Item: Resolution 2022-042: Authorizing the City Manager to Enter into a Contract with Resurrection Rental to Provide Portable Toilet Services in the Amount Of $57,900 Background and justification: In order to provide the public with adequate, clean and well -maintained toilet facilities in City parks and campgrounds, Parks & Recreation has historically contracted out for portable toilet services in order to meet demand, especially during the high -traffic summer season. Service locations include First Lake, Jon Perry Ball Field, and campgrounds such as Spring Creek, Harborside, Resurrection, and Williams. Contracted services include unit rentals and servicing to meet baseline demand, as well as on -call unit rentals and servicing to meet surges in visitor traffic as needed. Based on historical usage patterns, we developed a scope of work and advertised a competitive bid package according to SCC 6.10.210. We received one bid by the deadline of February 25, 2022. After reviewing the bid, it was concluded that Resurrection Rental was the lowest, most qualified and responsive bidder with a bid amount of $57,900. Recommend entering into a contract with Resurrection Rental for portable toilet services. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.6.1.1 Improve existing and develop additional recreational infrastructure. Strategic Plan: Provide diverse, year-round, indoor and outdoor recreation facilities. Other: Certification of Funds Total amount of funds listed in this legislation: $ 57,900 This legislation (✓): Creates revenue in the amount of: X Creates expenditure in amount of: Creates a savings in the amount of: Has no fiscal impact Funds are (✓): X Budgeted Line item(s): Not budgeted Not applicable 01000-1411-7009 57,900 Pzy: Unassigned Fund Balance and Available Unrestricted Cash Balance Information Fund (✓): X General SMIC Boat Harbor Parking Motor Pool Other Unassigned Fund Balance*: $ Available Unrestricted Cash Balance*: $ Electric Wastewater Water F1 Healthcare Finance Signature: `"u`t" *unaudited numbers Attorney Review✓ Administration Recommendation RxYes x Adopt Resolution Not applicable Other: 243 Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2022-042 A Resolution of the City Council of the City of Seward, Alaska, Authorizing the City Manager to Enter into a Contract with Resurrection Rental to Provide Portable Toilet Services in the Amount of $57,900 WHEREAS, one of the goals listed in the 2030 City of Seward Comprehensive Plan is improving existing and developing additional recreational infrastructure; and WHEREAS, the demand for public restrooms in City parks and campgrounds exceeds existing facility capacity, particularly during the peak summer season; and WHEREAS, portable toilets are a cost-effective solution for meeting this demand; and WHEREAS, the City developed a scope of work and advertised a competitive bid package according to SCC 6.10.210; and WHEREAS, one bid was received by the deadline of February 25, 2022; and WHEREAS, the City reviewed the bid and concluded Resurrection Rental was the lowest, most qualified and responsive bidder with a bid amount of $57,900. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA THAT: Section 1. The City Manager is hereby authorized to enter into a contract with Resurrection Rental to provide portable toilet services. Section 2. Funding in the amount of $57,900 is hereby appropriated from contracted services account 01000-1411-7009. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 29th day of March, 2022. THE CITY OF SEWARD, ALASKA Christy Terry, Mayor 244 Invitation to Bid Portable Toilet Services Description: Through this solicitation, the City invites Bidders who meet the solicitation qualifications and specifications to submit bids for the purpose of providing portable toilet services at city -owned campgrounds, parks, and other locations in Seward, Alaska. It is our intent to provide the public with adequate, clean and well -maintained portable toilet facilities. The scope of work generally includes furnishing and servicing portable toilet units. Prompt delivery, setup, and servicing of units is critical. Services are primarily needed during high traffic season, April to September, and at a reduced level of service during low traffic season, October through March. Bid Documents: A copy of this ITB can be obtained on the City of Seward website: cityofseward.us. It is the Bidder's responsibility to check the website for additional information and addendums. Sealed bids are due prior to the submission deadline. Sealed bids must be delivered to the City of Seward, City Clerk's Office, located at 410 Adams Street, Seward, Alaska 99664. Late bids will not be accepted —no exceptions. It is the Bidder's responsibility to confirm the bid documents are received. Issue Date: Pre -Bid Question Deadline: Submission Deadline: Public Opening: Bid Delivery Location: Contracting Officer: February 01, 2022 February 18, 2022 @ 5:00 PM February 25, 2022 @ 10:00 AM February 25, 2022 @ 10:15 AM City Clerk PO Box 167 Seward, AK 99664 Ali Willhite Park & Campground Supervisor Email: awillhitegcityofseward.net Phone: 907-224-4068 This is not an order. The attached terms and conditions shall become part of the contract resulting from this Invitation to Bid. Bids shall be submitted in the indicated format. Original signatures may be submitted on the form provided herein. Invitation to Bid — Portable Toilet Services 2022 Pagel of 24 PzR Instructions 1. Communications: The only communication concerning modifications, clarifications, questions, amendments, and addendums will be processed through the Contracting Officer listed on the cover page. No contact with any other agents of the city is permitted, and will be grounds for disqualification. Any exceptions to this will be clarified in this document. 2. Questions/Clarifications/Modifications: Questions that could substantially change the contents of this ITB must be made in writing to Ali Willhite at awillhitegcityofseward.net no later than February 18, 2022 (a, 5:00 PM. Answers will be posted in an addendum on the city website by February 22, 2022. It is the Bidder's sole responsibility to check the city website for updates and addendums. 3. Bid Submission: All required documents must be submitted in an enclosed sealed envelope, box, or package and clearly marked with the ITB title, ITB number, submittal date and time, and the Bidder's company name, address, phone number and contact name. See example below. Bidder's Company Name Address Phone Number ITB Title Contact Name ITB Number Submittal Due Date and Time All required documents must be delivered to the City Clerk's office at 410 Adams St, Seward, Alaska 99664 prior to the deadline listed on the cover page of this document. This responsibility rests entirely on the Bidders, regardless of delays with mailing or any other reasons. The Clerk's time stamp is the official time stamp of delivery. a. The accepting and opening of a bid document does not constitute the City's acceptance of the Bidder as a responsive and responsible Bidder. By accepting and opening of a bid, the city presumes the Bidders are familiar with the bid documents and agree and understand all requirements in this document. b. All prices and notations must be typed or written in ink. Pencil markings will not be accepted. Any mistakes must be crossed out and initialed by the person signing the bid. c. Bids will not be accepted via facsimile or email. Any electronic means will not be accepted unless specifically specified in this document. d. The selection of the qualified Bidder will be at the sole discretion of the City of Seward, and the City reserves the right to reject any and all bids or not to award a contract if deemed in the best interest of the City. e. All costs associated with preparation and presentation of this bid are the Bidder's responsibility. No pre -bid costs will be reimbursed to any Bidders. All documentation submitted to the City will become property of the City. Invitation to Bid — Portable Toilet Services 2022 Page 2 of 24 4. Exceptions: Any exception must be clearly defined and referenced to the proper section or paragraph of this document. The exception must include the Bidder substitution language and explanation as to the reason why this would provide an equivalent or better service or product. If no exceptions are explained in this bid submittal, the City will assume the Bidder can perform accordingly. Any bids not meeting all requirements will be rejected. 5. Duplicate Bids: The City will only accept one (1) bid per Bidder, including its subsidiaries, affiliated companies, organizations, or franchises. If multiple bids are received from the same Bidder, all bids from the Bidder will be rejected. 6. Withdrawal or Corrections: Bids may be withdrawn by written notice prior to the submittal deadline. Corrections may be made to bids submitted if prior to the submittal deadline. 7. Rejection: The City reserves the right to reject any or all bids and to waive any minor informalities or irregularities in bids received, if it is determined by the Contracting Officer that it is in the City's best interest to do so. If Bidders fail to provide any requested information in the consideration stage of the evaluation process, their bids can be rejected. The City may reject any bids from Bidders who are in arrears or in default to the City on any contract, debt, or other obligation, or who is not, in the opinion of the contracting officer, in a position to perform the contract. The City has the right to reject all non -conforming, non -responsive, and unbalanced bids. The City reserves the right to reject any bids from a Bidder found to be not responsible pursuant to SCC 6.10.135. Discrepancies in the multiplication of unit price and quantity will be resolved in favor of unit price, as the requested quantities remain the same. 8. Procurement Policy: Procurement for the City is based on Seward City Code Title 6 — Purchasing, Contracts and Professional Services, and any applicable State of Alaska statutes. Seward City Code is available online at www.cityofseward.us. 9. Non -Discrimination: The City will not contract with any persons or entities that discriminate against employees or applicants for any reasons other than those related to job performance. All prospective Bidders will comply with all Federal, State, and local laws and policies that prohibit discrimination in the workplace. The City will not discriminate because of race, religion, color, national origin, ancestry, sex, sexual orientation, age, marital status, change in marital status, pregnancy, parenthood, physical or mental disabilities, genetic information, or political affiliation. 10. Bid Signatures: An authorized official must sign all bid documents. This signature will represent the company or entity and their ability to commit to the requirements in this document. 11. Contract Award: The City has the right to award by item, group of items, total bid, or any combination found to be in the best interest of the City. The City also reserves the right to Invitation to Bid — Portable Toilet Services 2022 Page 3 of 24 247 contract with multiple entities for the same or like goods or services, if it is found to be in the City's best interest. The Bidder who the Notice of Award is made to will be notified at the earliest possible date. Notice of Intent to Award and actual Award will be submitted to the Bidder in writing. After receipt of Notice of Award, or the Notice to Proceed for all construction projects, the Bidder will execute and perform said contract. 12. No Response: If Bidders do not respond to this document, the City will continue to keep Bidders' information for future bids unless they specifically ask to be removed from the Bidders list. 13. Public Records: All bids are subject to public records requests after award, with the exception of confidential and proprietary information. 14. Irregular Bid Proposals: The City will consider a proposal to be irregular and may reject such a proposal as nonresponsive if: a) the proposal is submitted on a non -approved form (or format, if computer generated), or is altered. b) The proposal is not properly signed c) Unauthorized additions, conditional or alternate bids, or other irregularities make the proposal incomplete, indefinite, or ambiguous. d) The proposal lacks required bid escrow documentation or other required documentation. e) The proposal fails to furnish properly executed proposal guarantee of the character and amount required. f) An individual, firm, or corporation under the same or different name submits more than one proposal for the same work. g) There is evidence of collusion among Bidders. Collusion participants are not recognized as Bidders for future work until they are re -qualified. h) The proposal omits a unit and total price for any estimated pay item, except for authorized alternate bid items. i) The proposal is materially unbalanced. j) Mathematically unbalanced bids that are "front loaded" in which an advance payment condition would exist. k) Other mathematically unbalanced bids may also be rejected when determined to be in the best interest of the City. Invitation to Bid — Portable Toilet Services 2022 Page 4 of 24 248 1) Bidder fails to sign the non -collusive bidding certification. m) The proposal fails to meet any other material requirement of the invitation for bids. n) Telegraphic or facsimile bids will not be considered. 15. Bid Security: A bid Bond is not required for this bid. 16. Bidder Qualifications: The Bidder shall provide a detailed statement of facts as to its previous experience performing comparable work and technical organization. As part of the statement of qualifications, the Bidder should describe their resources (e.g., personnel, equipment) and their ability to provide service. Include the name or title of the person who will be the primary contact for City representatives, how and when that person will be available, response time needed for daily, routine maintenance, and response time for emergencies. Describe the ability to provide extra units, if needed, and the ability to repair or replace other equipment needed to fulfill the obligations of the contract. The purpose of this information is to help establish that the Bidder and its subcontractors are responsible and qualified to perform the work. 17. Discussions: Discussion with Bidders may commence after opening of all bids to further clarify and or assure full understanding of solicitation requirements. 18. Subcontractors: All Offers must disclose any and all subcontractors regardless of the dollar amount and the services they will provide within 7 days of Notice of Intent to Award. The list must include the company or subcontractor's name, business location, and evidence of the subcontractor's state business license. 19. Bidder's Responsibilities: The Bidder must be capable of providing all goods or services in this document, described in the Scope of Work / Specifications. The Bidder must maintain these qualities until completion of the contract. The successful Bidder is responsible for all goods and services in this document whether they are provided or performed by successful Bidder or their subcontractor. 20. City Participation: The City of Seward will provide appropriate personnel to support the successful Bidder during the course of the contract. The Project Manager will be named in this document or the Contracting Officer will act as contact until additional personnel are named specifically. 21. Disclosure of Contents: All information in this document will be held in confidence and not discussed with other Bidders until award. All bids become the property of the City upon opening. 22. Unusual Circumstances: Where any unusual circumstances unforeseen by the City or the Contractor and which significantly affect the Contractor's ability or cost in providing goods or services, the Contractor may request cancellation of contract or adjustment to the costs. Invitation to Bid — Portable Toilet Services 2022 Page 5 of 24 249 Significantly in this paragraph is defined as being beyond the control of the Contractor. The request must be documented in writing and may be denied. 23. Contract Commencement: Commencement of a contract shall not begin until all necessary documents are received and reviewed, all City approvals have been completed, including City Council approval forprojects over $30,000, and apurchase order is complete. Commencement of a contract without these requirements will be at the Bidder's sole risk and not compensated by the City. 24. Bidder Preference (City Code): The contract shall be let by the City Council to the lowest qualified responsive and responsible Bidder; provided, that if the lowest bids are approximately equal, that is within the lesser of $5,000.00 or five percent of each other, preference may be given to local Bidders who maintain and operate businesses within the boundaries of the Seward electrical utility service area. Local preference will be applied to the bid process except when specifically excluded within the request for bids. The city council may reject any or all bids and may waive minor irregularities in the bids. 25. Award of Contract: a) The City will provide the successful Bidder a notice of intent to award a contract within 14 calendar days after the bid opening. However, the award of the contract is contingent upon approval of the Seward City Council, and if such approval is not granted the notice of intent to award becomes null and void. b) The contract award is also contingent upon receiving all City, Borough, State and Federal permits and licenses. c) Following approval of the City Council, the contract will be awarded to the successful Bidder following receipt by the City of all required documents, properly executed within 10 calendar days following confirmation to the Bidder that the Council has approved the award. Failure to enter into a contract within the 10-day period shall be grounds for forfeiture of the bid security and consideration of the second low bid for award. Invitation to Bid — Portable Toilet Services 2022 Page 6 of 24 W6 Scope of Work / Specifications Description: Through this solicitation, the City invites Bidders who meet the solicitation qualifications and specifications to submit bids for the purpose of providing portable toilet services at city -owned campgrounds, parks, and other locations in Seward, Alaska. It is our intent to provide the public with adequate, clean and well -maintained portable toilet facilities. The scope of work generally includes furnishing and servicing portable toilet units. Prompt delivery, setup, and servicing of units is critical. Services are primarily needed during high traffic season, April to September, and at a reduced level of service during low traffic season, October through March. 2. Services to be provided by the bidder: a. Furnish, deliver, and setup portable toilet units at various locations in the Seward area. All costs for delivery, setup, and removal shall be included in the bid. The City reserves the right to add or remove units, or to adjust service frequency on a monthly (30 day) basis. Bidder shall add or remove units within 72 hours of notice. b. Units must be of commercial quality, fully functional, in good working order, and include a urinal, door lock, and locking toilet paper dispenser. Each unit should be clearly marked with a unique identifier for easy visual identification. Units are to be delivered in clean condition and adequately stocked with appropriate supplies (e.g., toilet paper and hand sanitizer). Units must be installed level and anchored. c. Units shall be serviced on the following days of the week based on service frequency: Ix per week Monday 2x per week Monday/Friday 3x per week Monday/Wednesday/Fri da Bidder shall perform additional servicing within 48 hours of notice at the rate established in the bid. d. Servicing of each unit shall include but is not limited to the following: Empty holding tank completely. ii. Add sufficient appropriate chemical to the holding tank. All chemicals used shall conform to Federal, State and Local law. iii. Remove and dispose of any debris. iv. Thoroughly sanitize, disinfect, and deodorize all interior unit surfaces. Clean the exterior of each unit. V. Restock toilet paper and hand sanitizer. Invitation to Bid — Portable Toilet Services 2022 Page 7 of 24 04.1 vi. Provide and maintain a written service log affixed to the inside of the portable toilet that lists the date of each service visit. vii. Transport and dispose of all waste and debris according to applicable Federal, State, and Local law. viii. Remove any graffiti applied to any portion of the portable toilet (inside and outside). a. Any rental unit delivered in unserviceable condition or any rental unit rendered unserviceable shall be corrected or exchanged within 24 hours of report. b. Upon request, at the time of servicing, the Bidder will relocate units within the same site area at no additional charge to the City. c. At the time of servicing, units that have been overturned shall be up -righted by the Bidder at no additional charge to the City. d. Bidder shall repair rental units as needed in a timely manner and is solely responsible for the cost of routine wear and tear. 3. Damage to portable rental units: a. Any cost for vandalism insurance must be included in the bid cost of the portable toilets. The City is not responsible for any vandalism to the portable units and shall not pay a separate charge for any vandalism repairs. b. Cost of repairs or replacement caused by Acts of God; wind, hail, lightning, etc., during the rental period shall be borne by the vendor at no additional cost to the City. 4. Contract Period The contract period will be for a period of one year with automatic renewal options for four (4) additional one-year terms. Invitation to Bid — Portable Toilet Services 2022 Page 8 of 24 QYJ Terms and Conditions 1. Assignment / Transfer: Assignment or transfer of this Agreement or Contract without written consent of the City of Seward may be construed by the City as a breach of contract sufficient to cancel any Agreement or Contract at the discretion of the City. 2. Inspection: All goods and services are subject to inspection and approval by the City at all reasonable times, including inspection during manufacturing. Inspection and approval by City at Contractor's place of business or work site does not preclude rejection for defects upon discovery by subsequent inspection. Any goods or services rejected by the City shall be promptly repaired or replaced at Contractor's expense. Any and all costs incurred by the City in connection with the return of goods or rejection of services shall be at the Contractor's risk and expense. 3. Risk of Loss: Regardless of FOB point, Contractor agrees to bear all risks of loss, injury, or destruction of goods and materials ordered herein which occur prior to delivery and acceptance. Such loss, injury, or destruction shall not release Contractor from any obligation hereunder. 4. Warranty: Contractor warrants that it has good and merchantable title to the goods sold hereunder and that said goods shall conform to the descriptions and applicable specifications. Such goods shall be of good merchantable quality and fit for the known purposes for which sold, and are free and clear of all liens and encumbrances. Contractor and City agree that this order does not exclude, or in any way limit, other warranties provided for in this Agreement or Contract or by law. 5. Excise and Sales Tax: The prices herein must not include any Federal excise taxes or sales taxes imposed by any State or Municipal Government. Such taxes, if included, must be deducted by the Contractor when submitting invoice for payment. An Exemption Certificate is available upon request. - Not applicable to this solicitation - 6. Invoices: Invoices for goods must be submitted on date of complete shipment. Invoices for services must be submitted within 30 days after completion of services. Payment will be delayed if the invoice fails to reference the purchase order number, ordering department, unit prices, quantities, totals, and a full description of the order that matches the purchase order. The City will provide payment 30 days after satisfactory delivery, acceptance, and receipt of invoice. 7. IRS Form W-9 and Vendor Information: Contractor must have on file with the City a current IRS Form W-9 and complete a vendor registration form before City will issue purchase order to the Contractor. 8. Compliance with Laws: Contractor represents and warrants that the performance of this order and furnishing goods or services required shall be in accordance with the applicable standards, provisions, and stipulations of all pertinent Federal, State, Borough, and City laws, rules, regulations, resolutions, and ordinances including, but not limited to, the Fair Invitation to Bid — Portable Toilet Services 2022 Page 9 of 24 253 Labor Standards Act, the Equal Employment Opportunity rules and regulations, and the Occupational Safety and Health Acts. 9. Amendments: No amendments, modifications, or supplements to this contract shall be binding unless in writing and signed by all authorized representatives of both parties. 10. Termination: When it is in the City's best interest, City may unilaterally cancel this Agreement or Contract at any time whether or not Contractor is in default of any of its obligations hereunder. With any such cancellation, Contractor agrees to waive any claim for damages, including loss of anticipated profit on account hereof. However, the City agrees that Contractor shall be paid for items and/or services already accepted by City, but in no event shall the City be liable for any loss of profits on the order or portion thereof so terminated. Either party may terminate this Agreement or Contract at any time for the failure of the other to comply with any of its material terms and conditions. All Bidders recognize that the City is a government entity and that payment obligation is subject to yearly appropriations by the City's governing body and that if funds are not appropriated, this Agreement or Contract will terminate without penalty to either party. 11. Waiver of Breach: No waiver by either party of any breach of any of the covenants or conditions herein contained performed by the other party shall be construed as a waiver of any succeeding breach of this same or of any other covenant or condition. 12. Complete Agreement: The parties agree that the conditions of purchase stated herein and the Bidder's bids set forth their entire Agreement or Contract and there are no promises or understandings other that those stated herein, and that any prior negotiations between the City and Contractor or terms and conditions set forth in the Contractor's quotation, order, or sales acknowledgment shall not constitute a part of the Agreement or Contract between the City and Contractor concerning this purchase. The terms "Agreement" and "Contract" as used in this clause shall include any future written amendments, modifications, or supplements made in accordance herewith. 13. Liability and Indemnity: To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the City, its officers, and employees from and against any and all loss, expense, damage, claim, demand, judgment, fine, charge, lien, liability, action, cause of action, or proceedings of any kind whatsoever (whether arising on account of damage to or loss of property, or personal injury, emotional distress or death) arising directly or indirectly in connection with the performance or activities of the Contractor hereunder, whether the same arises before or after completion of the Contractor's operations or expiration of this Agreement or Contract, except for damage, loss or injury resulting solely from the City's gross negligence or willful misconduct. 14. Insurance Requirements: Contractor must furnish a certificate of insurance within ten (10) days of receipt of the Notice -of -Intent to Award and must endorse policies to provide for a thirty (30) day prior notice to the City of cancellation, non -renewal, or material change of the policies. Failure to furnish satisfactory evidence of insurance or lapse of policy is a material breach of the contract and grounds for termination of this Agreement or Contract. Invitation to Bid — Portable Toilet Services 2022 Page 10 of 24 254 Each policy shall be endorsed with a waiver of subrogation in favor of the City. All other insurance policies required of the Contractor shall be endorsed to provide that such insurance shall apply as primary insurance and that any insurance or self -insured carried by the City will be excess only and will not contribute with the insurance required by this Agreement or Contract. All other insurance policies required of the Contractor and subcontractors shall be endorsed to name the City as additional insured. All insurance shall be on an occurrence form acceptable to the City and having an A.M. Best rating of "A" or better. a. Workers' Compensation and Employers' Liability Insurance as required by any applicable law or regulation. Employers' liability insurance shall be in the amount no less than $500,000 each accident for bodily injury, $500,000 policy limit for bodily injury by disease and $500,000 each employee for bodily injury by disease. The Contractor shall be responsible for Workers' Compensation Insurance for any subcontractor who directly or indirectly provides services under this contract. This coverage must include statutory coverage for states in which employees are engaging in work. If there is an exposure of injury to Contractor's employees under the U.S. Longshoremen's Harbor Workers' Compensation Act, the Jones Act, or under laws, regulations or statutes applicable to maritime employee, coverage shall be included for such injuries or claims. b. Commercial General Liability Insurance: The Contractor is required to provide Commercial General Liability (CGL) insurance with limits not less than $5,000,000 for any contract over $1,000,000 and not less than $1,000,000 for contracts under $1,000,0000 combined single limit per occurrence and $5,000,000 for any contract over $1,000,000 and not less than $1,000,000 for contracts under $1,000,0000, in the aggregate not excluding premises operations, independent Contractors, products, and completed operations, broad form property damage, blanket contractual, explosion, collapse and underground hazards. Limits may be a combination of primary and excess (umbrella) policy forms. c. Comprehensive Automobile Liability Insurance: Covering all owned, hired and non -owned vehicles with coverage limits not less than $1,000,000 single limit per occurrence bodily injury and property damage. d. PROOF OF INSURANCE: The Contractor shall furnish the City with a Certificate of Insurance or, where requested by the City, the policy declaration page with required endorsements attached thereto showing the type, amount, effective dates, and dates of expiration of all policies. All endorsements shall reference the policy number and the project name and project number. The owner is the City of Seward and is to be identified on all certificates and endorsements. Without limiting its indemnification, the Contractor shall maintain, until termination of Agreement or Contract or completion and acceptance of the project by the City, occurrence type coverage of the kinds and minimum amounts set forth above. All insurance limits are minimum. If the Contractor's policy contains Invitation to Bid — Portable Toilet Services 2022 Page 11 of 24 Q& higher limits, the City shall be entitled to coverage to the extent of such higher limits. The City, at its sole discretion, may raise or lower the limit. 15. Records: The City reserves the right to inspect all vendor documents relating to this Agreement or Contract for up to three (3) years after expiration. 16. Bidders Present: At the time fixed for bid opening, each bid will be opened and be made public. Bidders are not required to be present. 17. Postponement: The City reserves the right to postpone the date of the opening of bids and will give written notice of any such postponement to all known holders of the contract documents. 18. Delivery: Successful Bidders may be required to provide reasonable evidence from their source of supply or manufacturer to justify the delivery dates furnished in their bid. Any unreasonable deviation from the proposed delivery dates shall constitute a breach of contract and shall entitle the City to cancel all obligations to the Contractor. 19. Time is of the essence: The Bidder is expected to deliver goods or services that conform in all material respects to the contract specifications on or before the date provided herein. This date may be amended by written agreement between both parties. 20. Independent Contractor Relationship: Contractor's relationship with the City for the purpose of the solicitation and Agreement is that of an Independent Contractor, and nothing in the solicitation and Agreement is intended to or should be construed as to create a legal partnership, agency, joint venture, or employment relationship with the City. Invitation to Bid — Portable Toilet Services 2022 Page 12 of 24 M17: Required Documents DOCUMENTS REQUIRED WITH BID In order to be considered a responsive and acceptable bid, the Bidder must sign and submit the following documents: 1. ITB title and number, company name, address, phone number, name of main contact, and submission date 2. Bid form 3. Bid schedule 4. Complete statement of qualifications 5. Fair Employment Practices form 6. Non -Collusion affidavit DOCUMENTS REQUIRED FOR AWARD In order to be awarded the contract, the successful bid must be completely filled out and the following documents submitted within the time specified in the notice of intent to award letter: 1. Contract 2. Certificate of Insurance 3. Alaska Bidder's License 4. Kenai Peninsula Borough Tax Compliance Certification 5. City of Seward Business License 6. State of Alaska Business License 7. Subcontractor List (if applicable) Download solicitations, addendums, and forms at: http://www.ciiyofseward.us Invitation to Bid — Portable Toilet Services 2022 Page 13 of 24 257 Bid Form Failure to complete this form shall result in your Offer being deemed non -responsive and rejected without any further explanation. Offer and Obligation: The undersigned hereby offers, and agrees to be bound and obligated to this offer, to furnish the goods and / or services in compliance with all Terms and Conditions, Scope of Work, Specifications, and Addendums in this solicitation and, if awarded, enter into an Agreement or Contract with the City. Addendums: The undersigned has read, understands, and is fully cognizant of all parts of this solicitation, together with any addendum issued in connection with this document. The undersigned hereby acknowledges receipt of the following addendum(s). In addition, the undersigned has completely and appropriately filled out and submitted all required forms. Initial next to each applicable addendum number(s) or, if none, leave blank. Addendum 41 Addendum 92 Addendum 43 Addendum 44 If additional addendums were issued, list numbers here and initial. Compliance: The undersigned hereby accepts all administrative requirements of the solicitation and will be in compliance with such requirements. By submitting this Bid Form, the Bidder represents that they are in compliance with all applicable provisions of Seward City Code Title 6, and if awarded a contract to provide the construction, goods, or services required in this solicitation will comply for the entire length of the Agreement or Contract. Non —Collusion: The undersigned, by submission of this Bid Form, hereby declares that this offer is made without collusion with any other business or person making any other offer, or which otherwise would make an offer. Performance Guarantee: The undersigned further agrees that if awarded the Agreement or Contract, it will submit to the City any required performance guarantee (i.e. irrevocable letter of credit or cash deposit), if applicable. Bid Price: The undersigned agrees to abide by the pricing contained in the bid. NO OFFER WILL BE ACCEPTED WHICH HAS NOT BEEN MANUALLY SIGNED IN INK IN THE APPROPRIATE SPACE BELOW Invitation to Bid — Portable Toilet Services 2022 Page 14 of 24 258 I certify, under penalty of perjury, that I have the legal authorization to bind the company hereunder: Company Name Address City State Zip Signature of Person Authorized to Sign Printed Name Title Name Title Phone Email Invitation to Bid — Portable Toilet Services 2022 Page 15 of 24 Q Bid Schedule Bidders shall specify all numbers in words and figures for each required bid item. All words and figures shall be in ink or typed. In case of a discrepancy between the prices written in words and those written in figures, the prices written in words shall govern. All costs must be included in the bid schedule. The city will pay no additional costs for services. Portable Toilet Services Standard Unit (Monthly) Estimated Demand Unit Price Ix per week service 32 $ / per month 2x per week service 29 $ / per month 3x per week service 70 $ / per month ADA Accessible Unit (Monthly) Ix per week service 0 $ / per month 2x per week service 3 $ / per month 3x per week service 3 $ / per month Service Only Additional servicing $ /per service Grand Total Total cost for all services based on estimated demand $ Bidder's Signature Bidder's Name Company Name Date Invitation to Bid — Portable Toilet Services 2022 Page 16 of 24 41-16 Appendix A Estimated Demand for Portable Toilet Services Summer Season A ril Ma June Jul August Se tember Location Q Freq. Q Fre Q Freq. Q Freq. Q Fre Q Fre . Afo nak 1 1 2 3 2 3 1 2 1 1 1 1 Ball Fields 1 1 2 1 2 1 2 1 2 1 1 1 First Lake 1 1 1 1 2 1 2 1 2 1 1 1 Harborside Campground 2 2 2 2 4 3 4 3 4 3 4 2 Lowell Canyon Trailhead - - - - 2 1 2 1 - - - - Resurrection Campground 2 2 2 2 4 3 4 3 4 3 2 2 Spring Creek Campground 2 2 8 3 8 3 8 3 6 3 6 2 Williams Campground 2 2 2 2 4 3 4 3 4 1 3 2 2 Williams Campground ADA 1 2 1 2 1 3 1 3 1 1 3 1 2 *Standard unit unless noted otherwise. Freq. —Service frequency. Winter Season October November December January February March Location Qty Freq. Qty Freq. Q Fre . Q Freq. Q Freq. Q Freq. Iditarod Campground 1 1 1 1 1 1 1 1 1 1 1 1 *Standard unit unless noted otherwise. Freq. = Service frequency. Invitation to Bid — Portable Toilet Services 2022 Page 17 of 24 Statement Of Qualifications 1. Legal Name and Address of Bidding Organization: 2. Length of time in business: 3. Organization Status (check one): Corporation Partnership Individual 4. Name, title, and telephone number of Bidder's representative: 5. Have you ever failed to complete a contract due to insufficient resources? Yes No If yes, explain: Invitation to Bid — Portable Toilet Services 2022 Page 18 of 24 Q-% 6. Any other pertinent information that relates to your qualifications to provide the services: Invitation to Bid — Portable Toilet Services 2022 Page 19 of 24 263 Fair Employment Practices Form This questionnaire on fair employment practices for the qualifications of bidders is part of this bid document and must be returned with your bid. Failure to complete this form may be sufficient cause for rejection of your bid. It will be necessary to submit this form on an annual basis in order for the city to maintain and up-to-date file on your progress in equal opportunity employment. As required by federal and state laws and regulations, the city may request additional equal employment opportunity information from you. "Fair" or "Equal Employment" means the practice of not discriminating among persons on the basis of race, color, sex, national origin or age. This questionnaire will be evaluated by the purchasing agent and his recommendations will be a factor in determining whether your firm is to be retained on the city's bid list. SECTION PLEASE ANSWER ALL THE FOLLOWING QUESTIONS: A NAME OF FIRM ADDRESS TELEPHONE NUMBER NATURE OF BUSINESS NUMBER OF FULL TIME EMPLOYEES PERSON FILLING OUT FORM TITLE SECTION DO YOU HAVE A WRITTEN EQUAL EMPLOYMENT POLICY? YES NO B IF YES, PLEASE ATTACH COPY IF NO, DO YOU PLAN TO ADOPT ONE IN THE NEAR FUTURE? YES NO Invitation to Bid — Portable Toilet Services 2022 Page 20 of 24 ME! SECTION DO YOU HAVE A WRITTEN AFFIRMATIVE ACTION POLICY? YES NO C IF YES, PLEASE ATTACH COPY IF NO, DO YOU PLAN TO ADOPT ONE IN THE NEAR FUTURE? YES NO SECTION DO YOU UTILIZE AFFIRMATIVE ACTION IN EMPLOYMENT PRACTICES, SUCH AS ADVERTISING ALL POSITIONS WITH THE EQUAL OPPORTUNITY D CLAUSE, MAKING SPECIAL EFFORTS TO RECRUIT MINORITY AND FEMALE JOB APPLICANTS AND REVIEWING JOB -TESTING PROCECURES TO ENSURE THAT NO DISCRIMINATORY BIASES EXIST? YES NO SECTION NAME OF OFFICER OF FIRM E SIGNATURE OF OFFICER DATE Invitation to Bid — Portable Toilet Services 2022 Page 21 of 24 M Non -Collusion Affidavit The undersigned proposer, having fully informed themselves regarding the accuracy of the statements made herein certifies that: (1) the proposer developed the bid independently and submitted it without collusion with, and without any agreement, understanding, or planned common course of action with any other entity designed to limit independent bidding or competition, and (2) the proposer, its employees and agents have not communicated the contents of the bid to any person not an employee or agent of the proposer and will not communicate the proposal to any such person prior to the official opening of the proposal. The undersigned proposer further certifies that this statement is executed for the purpose of inducing the City of Seward to consider the proposal and make an award in accordance therewith. Legal Name of Proposer/Firm Business Address Signature and Title Date Printed Name of Title Person Subscribed and sworn to me this day of 120 Notary Public My Commission Expires Invitation to Bid — Portable Toilet Services 2022 Page 22 of 24 CONTRACT PORTABLE TOILET SERVICES CONTRACT ("Contract"), between the City of Seward, Alaska, herein called the City, acting by and through its City Manager, and upon signing; this document shall serve as the notice to proceed, and Company Name Company Address (Street or PO Box, City, State, Zip) a/a n Individual Partnership Joint Venture Sole Proprietorship Corporation ❑ ❑ ❑ ❑ ❑ incorporated under the laws of the State of Alaska, its successors and assigns, herein called the Contractor, is effective the date of the signature of the City Manager on this document. The Contractor, for and in consideration of the payment or payments herein specified and agreed to by the City, hereby covenants and agrees to furnish and deliver all the materials and to do and perform all the work and labor required per the terms specified in the Portable Toilet Services invitation to bid packet. The Terms and Conditions in the invitation to bid are incorporated as terms of this Contract. It is distinctly understood and agreed that no claim for additional work or materials, done or furnished by the Contractor and not specifically herein provided for, will be allowed by the City, nor shall the Contractor do any work or furnish any material not covered by this Contract, unless such work or materials is ordered in writing by the City. In no event shall the City be liable for any materials furnished or used, or for any work or labor done, unless the materials, work, or labor are required by the Contract or on written order furnished by the City. Any such work or materials which may be done or furnished by the Contractor without written order first being given shall be at the Contractor's own risk, cost, and expense and the Contractor hereby covenants and agrees to make no claim for compensation for work or materials done or furnished without such written order. The Contractor further covenants and agrees that all materials shall be furnished and delivered and all work and labor shall be done and performed, in every respect, to the satisfaction of the City, on or before: December 31, 2022 or within calendar days following the date of notice to proceed. It is expressly understood and agreed that in case of the failure on the part of the Contractor, for any reason, except with the written consent of the City, to complete the furnishing and delivery of materials and the doing and performance of the work before the aforesaid date, the City shall have the right to deduct from any money due or which may become due the Contractor. The Contractor further covenants and agrees that the all services will be done under the administration of and to the complete satisfaction of the City subject to the inspection at all times and approval by any Invitation to Bid — Portable Toilet Services 2022 Page 23 of 24 41-YA regulatory agency of the Local, State, or Federal Government of the United States of America, and in accordance with the laws of the State of Alaska and the City of Seward. For purposes of this Contract, Contracting Officer means Ali Willhite or any other person designated by the City Manager. The Contractor is an independent contractor and not an employee or agent of the City. IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and conditions. CONTRACTOR Company Name Signature of Authorized Company Representative Name and Title Date CITY OF SEWARD Signature of City Manager Name Date City Clerk (ATTEST) Invitation to Bid — Portable Toilet Services 2022 Page 24 of 24 Invitation to Bid Portable Toilet Services Questions & Answers Updated 02118122 Q: 1. In the Appendix A it shows 70, 3 a week services for non-ADA units, but on the Bid Schedule it asks for 64, 3 a week cleaning of non-ADA units. Will this be adjusted or should one submit to the Bid Schedule figure of 64? A: The figure provided in the bid schedule for Estimated Demand for Standard Units (Monthly) 3x per week service is incorrect. The correct figure is 70, not 64. The RFP will be updated to reflect the correct figure. Q: Is there access to the past bid award for this Bid for Services? A: The City Clerk's Office is responsible for public records and other information. Public records and other information can be requested from the City Clerk's Office by submitting a Records and Information Request Form. For more information visit: https://www.cityofseward.us/departments/city-clerk/public-records-requests. Q: As far as the contract goes, the days set as service days, are those flexible? A: The stated service days based on service frequency are not flexible. Additional servicings are flexible so long as the service is performed within 48 hours of notice. Q: Is there any way this contracted to be broken into two, making a winter contract and a summer or seasonal contract? A: It is the City's intention to award this contract as a whole on an annual basis. 04 a City of Seward Business License m t PO BOX 167, Seward, AK 99664 .: No. ABL-196 THIS LICENSE MUST BE POSTED 1N A CONSPICUOUS PLACE AT THE LOCATION. THIS LICENSE IS NOTTRANSFEE OR ASSIGNABLE. BUSINES-S YPE: Other Equipment Rentals and portable toilets ISSUED: January 25, 2022 CE SEE_ Resurrection Rentals EXPIRES: December 31, 2022 PO Box 1289 Seward , AK 99664 CrFY CLERK. '}�vkU /\ 3® 0= §m // ƒ\ 2> as k/ #g k§ CD \� \\ \0 CD ±k .00 cr \ \ «0 a\ \ 0j \ p0 / \\ { <0 \ �\ /\ E «» \ 0 \ ZO g =r 0 �K \/ CD § § 0 X m Q) » cz � com C-) G m 2 z � > « m / z \ > r— cn \ $ / ACC7RO CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY} zr22r2I?2z THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement an this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ARA Insurance Sery ces, Inc. 102 N.W. Parkway Kansas CityMO 64150 CONTACT NAME: Kefr Barton PHONE Ext: 800-821-6580 FA No:816-474-1931 E-MAIL AbDRESS: Kbarton arainsure.COm INSURERS AFFORDING COVERAGE NAIL# INSURER A: AXIS Insurance Company 37273 INSURED REAK001000 Ralf Bardarson INSURER B : INSURERC: DBA Resurrection Tool Rental POBOX 1252 Seward AK 99664 INSURER D INSURER E : INSURER F : GFRT IrI(;A IE NUMBER: 1793653056 REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUER WVD POLICY NUMBER POLICY EFF POLICY EXP MMIDD MMIDDlYYYY I I LIMITS A X COMMERCIAL GENERAL LIABILITY AlREAK601-030753-20 9119)2021 9119l2022 CLAIMS -MADE ®OCCUR EACH OCCURRENCE $ 1,00c,000 O PREM SESEa occurrence $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLIES PER: El PRO - GENERAL AGGREGATE $ 2,000,000 GEN'L X PRODUCTS - COMPIOP AGG $ 2,000,000 POLICY JEOLOC OTHER: $ A AUTOMOBILE LIABILITY AIREAK001-030753-20 9/19/2021 9/1912022 EO R accident) SINGLE LIMIT $ 1 001)000 BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULEDAUTOS ` BODILY INJURY (Per accident) $ IX AUTOS NON -OWNED HIRED AUTOS N AUTOS PROPERTY DAMAGE $ Per acxident $ i A UMBRELLA LIAB X I OCCUR A5REAK001-030755-05 9/1912021 9/1912022 EACH OCCURRENCE $ 4,000,000 X EXCESS L1AB CLAIMS -MA AGGREGATE $ DED ( RETENTION $ WORKERS COMPENSATION R OTH- $ AND EMPLOYERS' LIABILITY YIN ATUTE ER 7E.L. CH ACCIDENT $ ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? NIA (Mandatory in NH) If yes, describe under EASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below A Rental ISales Inventory AlREAK001-030753-2D 90912021 9119/2022 Actual Loss Sustained Special Form I Theft Deductible $1,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may attached if more space is required) r•vorerrrw rr ...-.r. r.. For Informational Purposes Only SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE / A Insurance 1Ut16-ZU14 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD f►ZPAI Bid Form Failure to complete this forms shall result in your Offer being deemed non -responsive and rejected without any further explanation. Offer and Obligation: The undersigned hereby offers, and agrees to be bound and obligated to this offer, to furnish the goods and / or services in compliance with all Terms and Conditions, Scope of Work, Specifications, and Addendums in this solicitation and, if awarded, enter into an Agreement or Contract with the City. Addendums: The undersigned has read, understands, and is fully cognizant of all parts of this solicitation, together with any addendum issued in connection with this document. The undersigned hereby acknowledges receipt of the following addendum(s). In addition, the undersigned has completely and appropriately filled out and submitted all required fonns. Initial next to each applicable addendum number(s) or, if none, leave blank. Addendum # 1 Addendum 42 Addendum 43 Addendum 44 If additional addendums were issued, list numbers here and initial. Compliance: The undersigned hereby accepts all administrative requirements of the solicitation and will be in compliance with such requirements. By submitting this Bid Form, the Bidder represents that they are in compliance with all applicable provisions of Seward City Code Title 6, and if awarded a contract to provide the construction, goods, or services required in this solicitation will comply for the entire length of the Agreement or Contract. Non --Collusion: The undersigned, by submission of this Bid Form, hereby declares that this offer is made without collusion with any other business or person making any other offer, or which otherwise would make an offer. Performance Guarantee: The undersigned further agrees that if awarded the Agreement or Contract, it will submit to the City any required performance guarantee (i.e. irrevocable letter of credit or cash deposit), if applicable. Bid Price: The undersigned agrees to abide by the pricing contained in the bid. NO OFFER WILL BE ACCEPTED WHICH HAS NOT BEEN MANUALLY SIGNED IN INK IN THE APPROPRIATE SPACE BELOW Invitation to Bid — Portable Toilet Services 2022 Page 14 of 24 273 I certify, under penalty of perjury, that I have the legal authorization to bind the company hereunder: Company Name (50 '� V 4 A/ e- Address Ak 9qx V - t,> R 5 City State Zip Signature of Person Authorized to Sign Printed Name 6t.'1 c-n— S e Title Name Title !07 —Z2LI --- V©O Phone re5,4-em ig Yazoo, cQA"'► Email Invitation to Bid — Portable Toilet Services 2022 Page 15 of 24 274 Bid Schedule Bidders shall specify all numbers in words and figures for each required bid item. All words and figures shall be in ink or typed. In case of a discrepancy between the prices written in words and those written in figures, the prices written in words shall govern. All costs must be included in the bid schedule. The city will pay no additional costs for services. Portable Toilet Services Estimated Standard Unit (Monthly) Demand Unit Price I per week service 32 $ z'i® / per month 2x per week service 29 090 / E er month 3x per week service 70 $ 590 / per month ADA Accessible Unit lx per week service 0 t OO /per month 2x per week service 3S`0 /per month 3x per week service 3 $ 800 /per month Service Only Additional servicing $ SQ / per service Grand Total Total cost for all services based on estimated demand $(�� idder's Signature Date Bidder's Name 100 Company Name Invitation to Bid — Portable Toilet Services 2022 Page 16 of 24 MA Appendix A Estimated Demand for Portable Toilet Services Summer Season A ril May June Jul August September Location req, Qty Freq. Q Freq. Fr Fre . Freq. Afo nak 1 1 2 3 2 3 1 2 1 1 1 1 Ball Fields 1 1 2 1 2 1 2 1 2 1 1 1 First Lake 1 1 1 1 2 1 2 1 2 1 I 1 Harborside Campground 2 2 2 2 4 3 4 3 4 3 4 2 Lowell Can on Trailhead - - - - 2 1 2 1 - - - - Resurrection Campground 2 2 2 2 4 3 4 3 4 3 2 2 Spring Creek Campground 2 2 8 3 8 3 8 3 6 3 6 2 Williams Campground 2 2 2 2 4 3 4 3 4 3 2 2 Williams Ca!Rpground ADA 1 2 1 2 1 3 1 3 1 3 1 2 atanaara unit untess noted otherwise. Freq. = Service frequency. Winter Season October November December Janu February March Location_Qty reQt Freq. Q Freq. Q Freq. ¢ Freq. Q Fre . Iditarod Care round 11 1 1 1 1 1 I I 1 1 a una untess notea otherwise. Freq. = Servtce.Jrequeney. invitation to Sid — Portable Toilet Services 2022 Page 17 of 24 OW, Statement Of Qualifications 1. Legal Name and Address of Bidding OOrganization: �e_s' [i r {'eG I(I"I I�P." Gt! SQ y L4 C&Ve� 2. Length of time in business: �S'�e-441s 3_ Organization Status (check one): Corporation Partnership - Individual 4. Name, title, and telephone number of Bidder's representative: L e, i T �G.tr�Gt r�SO `70 7 -y .3.6—Z - /;7 7 5. Have you ever failed to complete a contract due to insufficient resources? Yes No t__ If yes, explain: Invitation to Bid — Portable Toilet Services 2022 Page 18 of 24 277 b. Any other pertinent information that relates to your qualifications to provide the services: � � J ff� --yy 'S � '7" L1/c'� f/ �, !'� � r S �i E'er � _. •T� l VO V CA- �- o47 f<e Irl CI 'k Invitation to Bid — Portable Toilet Services 2022 Page 19 of 24 278 Fair Employment Practices Form This questionnaire on fair employment practices for the qualifications of bidders is parr of this bid document and must be returned with your bid. Failure to complete this form may be sufficient cause for rejection of your bid. It will be necessary to submit this form on an annual basis in order for the city to maintain and up-to-date file on your progress in equal opportunity employment. As required by federal and state laws and regulations, the city may request additional equal employment opportunity information from you. "Fair" or "Equal Employment" means the practice of not discriminating among persons on the basis of race, color, sex, national origin or age. This questionnaire will be evaluated by the purchasing agent and his recommendations will be a factor in determining whether your firm is to be retained on the city's bid list. SECTION PLEASE ANSWER ALL THE FOLLOWING QUESTIONS. C-►L0OVA Iits] 0w11401 EX0107:To1. V TELEPHONE NUMBER NATURE OF BUSINESS NUMBER OF FULL TIME EMPLOYEES PERSON FILLING OUT FORM TITLE SECTION DO YOU I-L-kVE A WRITTEN EQUAL s.\rPLOYMENT POLICY? IE5 NO X B IF YES. PLEASE ATTACH COPY IF NO. DO YOU PLAN IO ADOPT ONE rN THE NEAR FUTURE.` YE.S NO Invitation to Bid — Portable Toilet Services 2022 Page 20 of 24 279 SECTION DO YOU HAVE A WRITTEN AFFIRMATIVE ACTION POLICY? YES NO C IF YES, PLEASE ATTACH COPY IF NO, DO YOU PLAN TO ADOPT ONE IN THE NEAR FUTURE? YES NO SECTION DO YOU UTILIZE AFFIRMATIVE ACTION IN EMPLOYMENT PRACTICES, SUCH AS ADVERTISING ALL POSITIONS WITH THE EQUAL OPPORTUNITY D CLAUSE, MAKING SPECIAL EFFORTS TO RECRUIT MINORITY AND FEMALE JOB APPLICANTS AND REVIEWING JOB -TESTING PROCEC,YRES TO ENSURE THAT NO DISCRIMINATORY BIASES EXIST? YES NO SECTION NAME OF OFFICER OF FIRM E SIGNATURE OF OFFICER DATE Imitation to Bid — Portable Toilet Services 2022 Page 21 of 24 or -it, Non -Collusion Affidavit The undersigned proposer, having fully informed themselves regarding the accuracy of the statements made herein certifies that: (1) the proposer developed the bid independently and submitted it without collusion with, and without any agreement, understanding, or planned common course of action with any other entity designed to limit independent bidding or competition, and (2) the proposer, its employees and agents have not communicated the contents of the bid to any person not an employee or agent of the proposer and will not communicate the proposal to any such person prior to the official opening of the proposal. The undersigned proposer further certifies that this statement is executed for the purpose of inducing the City of Seward to consider the proposal and make an award in accordance therewith. L Legal e of P poser/Firm ignature and Title Printed Name of Title Person '?0V 5�� XV'e' Business Address Date Subscribed and sworn to me this I S day of ( ' ' -1 rL " Notary Public i:�'Y i s PPC. K My Commission Expires 7, Z 0 Z X� 4 V S 3 5 �/ --IPVlkI ��V)ihSJly� 15 Ub�c'�l�X 1 20 L Z `\\��\\�\\Q\`\S111P1ee�//�jol NOTARY ' P, PUBLIC Invitation to Bid — Portable Toilet Services 2022 Page 22 of 24 281 CONTRACT PORTABLE TOILET SERVICES CONTRACT ("Contract"), between the City of Seward, Alaska, herein called the City, acting by and through its City Manager, and upon signing; this document shall serve as the notice to proceed, and Company Name Company Address (Street or PO Box, City, a/a n Individual Partnership Joint Venture ❑ ❑ Zip) Sole Proprietorship Corporation 54 D incorporated under the laws of the State of Alaska, its successors and assigns, herein called the Contractor, is effective the date of the signature of the City Manager on this document. The Contractor, for and in consideration of the payment or payments herein specified and agreed to by the City, hereby covenants and agrees to furnish and deliver all the materials and to do and perform all the work and labor required per the terms specified in the Portable Toilet Services invitation to bid packet. The Terms and Conditions in the invitation to bid are incorporated as terms of this Contract. It is distinctly understood and agreed that no claim for additional work or materials, done or furnished by the Contractor and not specifically herein provided for, will be allowed by the City, nor shall the Contractor do any work orfurnish any material not covered by this Contract, unless such work or materials is ordered in writing by the City. In no event shall the City be liable for any materials furnished or used, or for any work or labor done, unless the materials, work, or labor are required by the Contract or on written order furnished by the City. Any such work or materials which may be done or furnished by the Contractor without written order first being given shall be at the Contractor's own risk, cost, and expense and the Contractor hereby covenants and agrees to make no claim for compensation for work or materials done or furnished without such written order. The Contractor further covenants and agrees that all materials shall be furnished and delivered and all work and labor shall be done and performed, in every respect, to the satisfaction of the City, on or before; December 31, 2022 or within calendar days following the date of notice to proceed. It is expressly understood and agreed that in case of the failure on the part of the Contractor, for any reason, except with the written consent of the City, to complete the furnishing and delivery of materials and the doing and performance of the work before the aforesaid date, the City shall have the right to deduct from any money due or which may become due the Contractor. The Contractor further covenants and agrees that the all services will be done under the administration of and to the complete satisfaction of the City subject to the inspection at all times and approval by any Invitation to Bid — Portable Toilet Services 2022 Page 23 of 24 Or-% regulatory agency of the Local, State, or Federal Government of the United States of America, and in accordance with the laws of the State of Alaska and the City of Seward. For purposes of this Contract, Contracting Officer means Ali Willhite or any other person designated by the City Manager. The Contractor is an independent contractor and not an employee or agent of the City. IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and conditions. CONTRACTOR C 110,17 R,9-1 44rc Company_Name Sig,6ature of Authorized Company Representative Name and Title � 2-3 /ZZ Date CITY OF SEWARD Signature of City Manager Name Date City Clerk (ATTEST) Invitation to Bid — Portable Toilet Services 2022 Page 24 of 24 283 Resolution 2022-043 Documents: • Agenda Statement • Resolution 2022-043 • Attachment: o Seward Site Based Council Resolution 284 City Council Agenda Statement Meeting Date: 03/29/2022 To: City Council From: Mayor Christy Terry Agenda Item: Resolution 2022-043: Requesting Funding Changes to the Seward Schools to Ensure Equitable Education Opportunities for the Youth of Seward Background and justification: The resolution attached pertains to concerns of the community and site council for at least the last 12 years. As the years progressed these issues became increasingly urgent and we are now at a critical juncture for our community. Our principals, teachers and support administration are constantly being told they have to be creative to make do with these strikingly minimal staffing allocations. We have worked hard to be creative for over a decade and none of these creative ideas have worked. We are losing students and losing opportunities and do not have the stability needed to provide quality education to our community. As a Council, we need to support and forward these recommendations to the Kenai Peninsula Borough School Board and Superintendent to ensure the youth of Seward are obtaining an equitable education with other students in the district. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 2.2.5 Education: We value a community that will ensure that pre-K-12 and post- secondary education institutions have the resources and programs to provide quality educational opportunities to our children and residents.... Support adequate funding for education, including intra-school district sports and art and music programs. Strategic Plan: Expand and integrate educational programs. We are a community with quality and educational resources and facilities that provide academic and personal growth opportunities for citizens of all ages. Other: Certification of Funds Total amount of funds listed in this legislation: $ 0 This legislation (✓): Creates revenue in the amount of: Creates expenditure in amount of: Creates a savings in the amount of: Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted Not applicable WR Unassigned Fund Balance and Available Unrestricted Cash Balance Information Fund (✓): General SMIC Electric Wastewater Boat Harbor Parking Wat F1 Healthcare Motor Pool Other Unassigned Fund Balance*: $ *unaudited numbers Available Unrestricted Cash Balance*: $ Finance Signature: Alt Attorney Review-' Administration Recommendation RxYes x Adopt Resolution Not applicable Other: Mfg, Sponsored by: Mayor Terry CITY OF SEWARD, ALASKA RESOLUTION 2022-043 A Resolution of the City Council of the City of Seward, Alaska, Requesting Funding Changes to the Seward Schools to Ensure Equitable Education Opportunities for the Youth of Seward WHEREAS, the State of Alaska provides the majority of the funding the KPBSD receives through the Base Student Allocation (BSA) formula; and WHEREAS, there are two multipliers in this formula that recognize the uniqueness of Seward Schools. First, the School Size Factor multiplies the actual enrollment of Seward Middle and High Schools by 1.27, as compared to the Central Peninsula schools which are below 1.0. This significantly increases the District's revenue. Additionally, the District Cost Factor multiplies the District's total adjusted Average Daily Membership (ADM) by 1.171 in recognition of the additional costs the District incurs due to the unique geographic characteristics of the Kenai Peninsula; and WHEREAS, when the District Cost Factor was increased in 2012, KPBSD added a 15% increase to the large middle and high schools in the district, labeled as, "programmatic funding.' This formula change did not reach the schools it was intended for. It gave the large schools in the Central Peninsula large staffing increases and the small, remote schools struggling to stabilize programs and staffing, received no increase in staffing; and WHEREAS, Seward Middle School and Seward High are in the same staffing classification as Kenai, Soldotna, Nikiski and Homer schools. However, Seward Schools have significantly fewer (less than half) enrolled since Seward is a smaller, more isolated community. Despite the State of Alaska recognition of Seward schools as unique in size and remoteness, Seward is subjected to the same formula as these large, centrally located schools; and WHEREAS, Seward Middle and High Schools are expected to compete and perform at the same level as these other large regional schools with a drastic difference in resources provided; and WHEREAS, the lower student enrollment and year-to-year fluctuations in student populations in Seward severely limit the quality of the education and opportunities, and the slightest change in enrollment can drastically limit class offerings. For the 2022-2023 school year, based on the district's formula, Seward High School has 6.5 Full Time Equivalencies (FTR) allocated. When a decrease of even 0.5 FTE occurs, this significantly impacts the core and elective classes offered; and WHEREAS, with the current formula, Seward Middle School and High School are barely able to cover core curriculum or provide more than minimal electives; and ►NFA CITY OF SEWARD, ALASKA RESOLUTION 2022-043 WHEREAS, Seward schools have worked hard to be creative in order to mitigate these low and constantly fluctuating staffing levels. Past creative methods/ideas have included consolidating campuses, reconfiguring schools, moving grades to different campuses, changing bell schedules, experimenting with a hybrid high school model (which effectively excused our 111h and 121h graders to home release for all but 1-2 classes per year) and graduating kids early; and WHEREAS, Seward's middle and high schools are not able to set their class schedules until the week before school since staffing fluctuations dramatically affect which classes can be offered. Seward is allocated minimal FTEs in the spring. When this is not enough to cover core curriculum, the District frequently allocates additional staffing. However, additional staffing doesn't not happen until all budgets are approved, often in the summer after schedules should have been set and teachers should have been hired. Usually, Seward students are assigned classes a few days before school starts; therefore, they and their parents cannot actively participate in planning their education; and WHEREAS, Seward High School is only allocated 0.5 FTE for a counselor. This position should be 1.0 FTE for the counselor to be able to adequately perform the job requirements. Especially with the minimal cou8rse offerings in a school like Seward High School, additional time is required to creatively assist the students with attaining graduation requirement and guiding them towards post -secondary goals and careers. It is not possible for any regional high school counselor with more than 75 students to perform the job requirements working half-time. Counselors are most valuable when they can form relationships and get to know the students. These relationships and true guidance from a counselor cannot happen with 0.5 FTE; and WHEREAS, Seward schools are expected to compete at all the same sporting events as the rest of the schools in our classification. These sporting events/activities required extensive scheduling and planning. Due to the artificial threshold of 250 ADM, Seward High School is not allocated any staffing for the Athletic Director position. Minimal existing teacher/staff FTE has to be used to perform these required duties, further reducing the course offerings at the school. In addition the 0.5 FTE principal at the middle school has to attend all the sporting events at the school and perform all the required scheduling and planning duties; and WHEREAS, Seward schools do not have a full-time secretary, either other employees are forced to cover these positions when necessary or the required secretarial work simply does not get completed. Seward High School's Library Aide has largely performed secretarial duties in the office instead of being able to work in the library. As the secretarial workload increases, we continue to have 0.5 or 0.8 FTE of a secretary at these schools, despite the clear need; and WHEREAS, KPBSD invested heavily in Personalized Learning in recent years, spending millions of budget dollars. Teachers were required to learn about this for multiple years, but our secondary schools are not able to personalize student learning. Seward schools simply do not have the staffing nor the stability needed to provide this valuable opportunity to our students and are providing just the basic graduation requirements to our Seward students. Personalized learning 288 CITY OF SEWARD, ALASKA RESOLUTION 2022-043 outside of these core requirements is "home release." To personalize learning in our schools, parents choose Connections or other homeschool programs; and WHEREAS, the basic problem is that our secondary schools do not have sufficient staffing to provide classes for our students for all four years of their education. There are simply not enough classes to keep our kids in school. 11 and 121h graders in our High School largely take 1- 2 classes in the building, then have home release for the remainder of the day; and WHEREAS, Seward has a significant number of students needing special attention and alternative pathways to graduation. Kenai, Soldotna and Homer all have alternative or flex - school options with significant additional staffing to meet kids' needs. Seward has had non (other than one half-time position this spring) of this additional staffing in the formula, and the very basic level of existing staffing covers some of these critical tasks; and WHEREAS, KPBSD received over 1.5 million from the State of Alaska for Career and Technical Education. Only 0.5 FTE is allocated to Seward High School which only allows two classes to be taught at the school. Seward students want and need more vocational education opportunities. Seward is isolated from the rest of the district's CTE resources, and it needs more class offerings to keep student in school and engaged; and WHEREAS, there are no other schools in the Seward area, therefore, students do not have any alternatives besides our KPBSD schools. Every years, multiple families leave the community because they want a more diverse, engaging education for their children. Every year, more secondary parents choose to homeschool their kids to provide some diversity and more opportunities for them. In Seward, 25% of our students are in Connections, which is significantly higher than the 10% district average. Seward is also losing increasing numbers of students to GED programs or to dropping out of school altogether; and WHEREAS, to fulfill the mission of the Kenai Peninsula Borough School District, to develop productive responsible citizens who are prepared to be successful in a dynamic world, students need opportunities to learn from highly -qualified, effective teachers in their core classes and they need opportunities for exploration in relevant and engaging activities; and WHEREAS, Seward schools need stability and equity to be successful, yet the current formula does not provide this. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. Re-examine the formula and find a way to accommodate for the unique size and remoteness of our schools. Section 2. Set a base level of core and elective teachers the district deems as acceptable 289 CITY OF SEWARD, ALASKA RESOLUTION 2022-043 for a school, thus creating true "programmatic staffing". Section 3. Find a way to insulate small schools such as ours from small, enrollment changes that cause our staffing numbers to fluctuate. Section 4. Change the 150 Average Daily Membership (ADM) threshold for a full time Principal at both schools. Neither of these schools can perform the required duties with only a 0.5 FTE principal. Section 5. Change the 250 ADM threshold for an athletic director so that Seward has 0.5 FTE to perform the required duties of an athletic director. area. Section 6. Allocate sufficient and permanent alternative education staffing for the Seward Section 7. Change the formula to allocate 1.0 FTE for a counselor at Seward High School. Section 8. Increase Career & Technical Education (CTE) staffing for Seward High School to 1.0 FTE. Section 9. Change the formula to allocate 1.0 FTE for a secretary at Seward High and Middle Schools. Section 10. This resolution and recommendations will be sent to the Kenai Peninsula Borough School Board Assembly and Superintendent. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 29th day of March, 2022. AYES: NOES: ABSENT: ABSTAIN: THE CITY OF SEWARD, ALASKA Christy Terry, Mayor 290 Seward Site Based Council Resolution 2022-02 Regional Middle and High School Formula WHEREAS, the State of Alaska provides the majority of the funding the KPBSD receives through the Base Student Allocation (BSA) formula. There are two multipliers in this formula that recognize the uniqueness of Seward Schools. First, the School Size Factor multiplies the actual enrollment of Seward Middle and High Schools by 1.27, as compared to Central Peninsula schools which are below 1.0. This significantly increases the district's revenue. Additiorally, the District Cost Factor multiplies the district's total adjusted Average Daily Membership (ADM) by 1.171 in recognition of the additional costs the district incurs due to the unique geographic characteristics of the Kenai Peninsula. WHEREAS, when the District Cost Factor was increased in 2012, KPBSD added a 15% increase in staffing to the large middle and high schools in the district, labeled as "programmatic funding." This formula change did not reach the schools it was intended for. It gave the large schools in the Central Peninsula staffing increases, while the small, remote schools, struggling to stabilize programs and staffing, received little to no increase. WHEREAS, Seward Middle School and Seward High School are regional schools and are in the same staffing classification as Kenai, Soldotna, Nikiski, and Homer schools. However, Seward schools have significantly fewer students (less than half) enrolled since Seward is a smaller, more isolated community. Despite the State of Alaska's recognition of Seward schools as unique in size and remoteness, Seward is subjected by the district to the same formula as these large centrally located schools. WHEREAS, Seward Middle and High Schools are expected to compete and perform at the same level as these other large regional schools with a drastic difference in resources provided. WHEREAS, the lower student enrollment and year-to-year fluctuations in student populations in Seward severely limit the quality of the education and opportunities, and the slightest change in enrollment can drastically limit class offerings. For the 2022-23 school year, based on the district's formula, Seward High School has 6.5 Full Time Equivalencies (FTE) allocated. When a decrease of even 0.5 FTE occurs, this significantly impacts the core and elective classes that can be offered. WHEREAS, with the current formula, Seward Middle School and High School are barely able to cover core curriculum or provide more than minimal electives. WHEREAS, Seward schools have worked hard to be creative in order to mitigate these low and constantly fluctuating staffing levels. Past creative methods/ideas have included consolidating campuses, reconfiguring schools, moving grades to di ferent campuses, changing bell schedules, experimenting with a hybrid high school model (which effectively excused our 11th and 12th graders to home release for all but 1-2 classes a year), and graduating kids early. 04*S WHEREAS, Seward's middle and high schools are not able to set class schedules until the week before school since staffing fluctuations dramatically affect which classes can be offered. Seward is allocated minimal FTEs in the spring. When this is not enough to cover core curriculum, the district frequently allocates additional staffing. However, this additional staffing does not happen until all budgets are approved, often in the summer after schedules should have been set and teachers should have been hired. Usually, Seward students are assigned classes a few days before school starts; therefore, they and their parents cannot actively participate in the planning of their education. WHEREAS, Seward High School is only allocated 0.5 FFE for a counselor. This position should be 1.0 FTE for the counselor to be able to adequately perform the job requirements. Especially with the minimal course offerings in a school like Seward High School, additional time is required to creatively assist the students with attaining graduation requirements and guiding them towards post -secondary goals and careers. It is not possible for any regional high school counselor with more than 75 students to perform the job requirements working half-time. Counselors are most valuable when they can form relationships and get to know the students. These relationships and true guidance from a counselor cannot happen with 0.5 FTE. WHEREAS, Seward schools are expected to compete Fit all the same sporting events as the rest of the schools in our classification. These sporting events/activities require extensive scheduling and planning. Due to the artificial threshold of 250ADM, Seward High School is not allocated any staffing for the Athletic Director position. Minimal existing teacher/staff FTE has to be used to perform these required duties, further reducing the course offerings at the school. In addition the 0.5FTE principal at the middle school has to attend all the sporting events at the school and perform all the required scheduling and planning duties. WHEREAS, Seward schools do not have a full-time secretary; either other employees are forced to cover these positions when necessary or the required secretarial work simply does not get completed. Seward High School's Library Aide has largely performed secretarial duties in the office instead of being able to work in the library. As the secretarial workload increases, we continue to have 0.5 or 0.8FTE of a secretary at these schools, despite the clear need. WHEREAS, KPBSD invested heavily in Personalized Learning in recent years, spending millions of budget dollars. Teachers were required to learn about this for multiple years, but our secondary schools are not able to personalize student learning. Seward schools simply do not have the staffing nor the stability needed to provide this valuable opportunity and are providing the basic graduation requirements at a minimum. Personalized learning outside of these corf= requirements is "home release." To personalize learning, parents often choose Connections or other homeschool programs. WHEREAS, the basic problem is that our secondary schools do not have sufficient staffing to provide classes for our students for all four years of their high school education. There are simply not enough classes to keep our kids in school. 11t" and 12t" graders in our school largely take 1-2 classes in the building, then have home release for the remainder of the school day. OWYA WHEREAS, Seward has a significant number of students needing special attention and alternative pathways to graduation. Kenai, Soldotna, and Homer all have alternative or flex -school options with significant additional staffing to meet kids' needs. Seward has had none (other than one half-time position this spring) of this additional staffing in the formula, and the very basic level of existing staffing covers some of these critical tasks. WHEREAS, KPBSD receives over 1.5 million from the State of Alaska for Career and Technical Education. Only 0.5 FTE is allocated to Seward High School which only allows two classes to be taught at the school. Seward students want and need more vocational education opportunities. Seward is isolated from the rest of the district's CTE resources, and it needs more class offerings to keep students in school and engaged. WHEREAS, there are no other schools in the Seward area; therefore, students do not have any alternatives besides our KPBSD schools. Every year, multiple families leave the community because they want a more diverse, engaging education for their children. Every year, more secondary parents choose to homeschool their kids to provide some diversity and more opportunities for them. In Seward, 25% of the students are in Connections, which is significantly higher than the 10% district average. Seward is also losing increasing numbers of students to GED programs or to dropping out of school altogether. WHEREAS, to fulfill the mission of the Kenai Peninsula Borough School District, which is to develop productive responsible citizens who are prepared to b(? successful in a dynamic world, students need opportunities to learn from highly -qualified, effective teachers in their core classes, and they need opportunities for exploration in relevant and engaging electives. WHEREAS, Seward schools need stability and equity to be successful, yet the current formula does not provide this. NOW, THEREFORE, BE IT RESOLVED THAT THE SEWARD SITE -BASED COUNCIL RECOMMMENDS THAT THE KENAI PENINSULA BOROUGH SCHOOL DISTRICT; 1. Re-examine the formula and find away to accommodate for the unique size and remoteness of our Seward schools. 2. Set a base level of core and elective teacher! the district deems as acceptable for a regional school, thus creating true "programmatic staffing." 3. Find a way to insulate small schools from short-term enrollment changes that cause staffing numbers to fluctuate. 4. Change the 150 ADM threshold for a full-time principal at both schools. Neither of these schools can perform the required duties with only a 0.5 FTE principal. S. Change the 250 ADM threshold for an athletic director so that Seward has 0.5FTE to perform the required duties of an athletic director. 6. Allocate sufficient and permanent alternative education staffing for the Seward area. 7. Change the formula to allocate 1.0 FTE for a counselor at Seward High School. 8. Increase Career & Technical Education (CTE) staffing for Seward High School to 1.0FTE 9. Change the formula to allocate 1.OFTE for a secretary at Seward High and Middle Schools. 04x'. Seward Site Based Council, this 17th Day of March 2022 Mica Van Buskirk, President Seward Site Based Council 04*i! Resolution 2022-044 Documents: • Agenda Statement • Resolution 2022-044 • Attachments: o Quotes POR City Council Agenda Statement Meeting Date: March 29, 2022 To: City Council Through: Janette Bower, City Manager From: Rob Montgomery, General Manager - Electric Agenda Item: Resolution 2022-044: Authorizing the City Manager to Enter into Two Purchase Agreements: one with Potelcom Supply for Electrical Wire Products, and the Second with WESCO Distribution for a Quantity of 10 new 25-kva Transformers in a Not -to -Exceed Amount of $115,991.50 to be used for New Service Installations and System Repairs Background and justification: Each year, the Electric Department orders and purchases materials for use in the spring/summer/fall construction season and for making system repairs. Key materials include 1) electrical wire products of varying voltage capacities used in overhead and underground applications, and 2) 25-kva transformers, the most frequently used transformers installed on Seward's distribution system. Fortunately, some of the costs associated with purchasing these materials is recovered through new service installations. The Electric Department contacted three vendors to receive bids and the lowest bid for the wire products was submitted by Potelcom Supply in the amount of $68,250. The lowest submitted bid for the 10 transformers was provided by WESCO Distribution in the amount of $47,741.50. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.7.1.4 "Continue to upgrade and expand utilities to meet existing needs and encourage future development." Strategic Plan: Reduce Energy Costs — Expand customer base within the Seward Electric utility area Other: Certification of Funds Total amount of funds listed in this legislation: $ This legislation (✓): X Creates revenue in the amount of: X Creates expenditure in amount of: Creates a savings in the amount of: Has no fiscal impact Funds are (✓): X Budgeted Not budgeted Not applicable TBD — based on new service installations 115,991.50 Line item(s): 15000-3000-7215 (Operating Supplies) 04,b: Unassigned Fund Balance and Available Unrestricted Cash Balance Information Fund (✓): General SMIC x Electric Wastewater Boat Harbor Parking Wat F1 Healthcare Motor Pool Other Unassigned Fund Balance*: $ *unaudited numbers Available Unrestricted Cash Balance*: $ Finance Director Signature: PAID Attorney Review✓ Administration Recommendation RYes X Adopt Resolution X Not applicable Other: Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2022-044 A Resolution of the City Council of the City of Seward, Alaska, Authorizing the City Manager to Enter into Two Purchase Agreements: one with Potelcom Supply for Electrical Wire Products, and the Second with WESCO Distribution for a Quantity of 10 new 25-kva Transformers in a Not -to -Exceed Amount of $115,991.50 to be used for New Service Installations and System Repairs WHEREAS, each year, the Electric Department orders and purchases materials for use in the spring/summer/fall construction season and for making system repairs; and WHEREAS, electrical wire products of varying voltage capacities are used in overhead and underground applications both in new service installations and in making system repairs; and WHEREAS, 25-kva transformers are the ones most frequently used by the Electric Department on its distribution system when completing new service installations or making system repairs; and WHEREAS, the Electric Department contacted the same three vendors for cost estimates on the wire products and the 10 transformers, and WHEREAS, the lowest bid for the wire products was submitted by Potelcom at $68,250 and the lowest bid for the 25-kva transformers was submitted by WESCO at $47,741.50. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is hereby authorized to enter into two purchase agreements, one with Potelcom Supply for electrical wire products and one with VVT Distribution for 10 25-kva transformers in a not -to -exceed amount of $115,991.50. Section 2. Funding is hereby appropriated from account 15000-3000-7215 Operating Supplies of the Electric Enterprise Fund. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this the 291h day of March 2022. 298 DISTRIBUTION@ CITY OF SEWARD 605 SEA LION DRIVE SEWARD AK 99664 5760 SILVERADO WAY ANCHORAGE AK 99518 Quotation UNLESS THERE ARE DIFFERENT OR ADDITIONAL TERMS AND CONDITIONS CONTAINED IN A MASTER AGREEMENT THAT MODIFY WESCO'S STANDARD TERMS, BUYER AGREES THAT THIS QUOTE AND ANY RESULTING PURCHASE ORDER WILL BE GOVERNED BY WESCO'S TERMS AND CONDITIONS AVAILABLE AT HTTP://WVWV.WESCO.COMITERMS_ AND_ CONDITIONS_ OF_SALE.PDF, WHICH TERMS ARE INCORPORATED HEREIN BY REFERENCE AND MADE PART HEREOF. PLEASE CONTACT THE SELLER IDENTIFIED ON THIS QUOTE IF YOU REQUIRE A PRINTED COPY. Date: 01/21/22 Branch: 6109 Project Number: 1117 Project Name Quoted To: TAT IANA Date of Your 01/21/22 Inquiry: When ordering please refer to n1 intAtlnn 1\1i . 514791 Item Quantity Catalog Number and Description Unit Price U/ Total Price Rate of Cash Discount Shipping Time (Weks) Customer Delivery Date AHA 10 10 PP***Q7111W25ZZU21R1 4774.150 E 47741.50 0.00 03/21/23 CUSTOMER PO LINE NO: 1 PRICING INCLUDES FREIGHT TO SEWARD. SURCHARGES SUBJECT TO CHANGE LEAD TIME 60 WEEKS PLUS TRANSIT QUOTE EXPIRES 2/14/22 SUB —TOTAL 47741.50 TOTAL 47741.50 F.O.B. Point of Shipment. The prices stated in this offer shall, unless renewed, automatically expire fifteen days (15) from the date of this offer. Prices quoted are subject to adjustment should Duty and Tariff rates changggfrom time of bid/quotation to time of order. WESCO reserves the right to adjust its pricing for Goods affected directly or indirectly by changing dutiesttariffsttrade agreements and significant currency fluctuations. Per: 1125 ORCA ST. Potelcom Supply ANCHORAGE AK 99501 A Division of WE'SC4 Distrlbzition, Inc. Quotation UNLESS THERE ARE DIFFERENT OR ADDITIONAL TERMS AND CONDITIONS CONTAINED IN A MASTER AGREEMENT THAT MODIFY WESCO'S STANDARD TERMS, BUYER AGREES THAT THIS QUOTE AND ANY RESULTING PURCHASE ORDER WILL BE GOVERNED BY WESCO'S TERMS AND CONDITIONS AVAILABLE AT HTTP://WWW.WESCO.COM/TERMS_ AND CONDITIONS _OF_SALE.PDF, WHICH TERMS ARE INCORPORATED HEREIN BY REFERENCE AND MADE PART HEREOF. PLEASE CONTACT THE SELLER IDENTIFIED ON THIS QUOTE IF YOU REQUIRE A PRINTED COPY. To: CITY OF SEWARD Date: 01/21/22 605 SEALION AVE Branch: 6113 SEWARD AK 99664 Project Number: QUOTE Project Name RFQ : 2 5 KVA PAD MOUN Quoted To: Date of Your 01 / 21 /2 2 Inquiry: When ordering please refer to Qiintatinn Number 011617 Item Quantity Catalog Number and Description Unit Price U/ Total Price Rate of Cash Discount Shipping Time (Weeks) Customer Delivery Date MG 10 10 CPS**EA*TRANSFORMER 25KVA 8500.000 E 85000.00 0.00 06/30/24 7200/12470Y 240/120 132 WEEKS SUB —TOTAL 85000.00 TOTAL 85000.00 F.O.B. Point of Shipment. The prices stated in this offer shall, unless renewed, automatically expire fifteen days (15) from the date of this offer. Prices quoted are subject to adjustment should Duty and Tariff rates chan900from time of bid/quotation to time of order. WESCO reserves the right to adjust its pricing for Goods affected directly or indirectly by changing duties/tariffs/trade agreements and significant currency fluctuations. Per: Tatiana Calenici Subject: FW: RFQ: 25 KVA pad mount transformers From: Tatiana Calenici Sent: Tuesday, February 15, 2022 2:29 PM To: Palmer, Jared <jared.palmer@anixter.com> Subject: RE: RFQ: 25 KVA pad mount transformers Are there any updates on transformer quotes? Thank you. Iatiana Calenici Electric Executive .assistant PO BOX 167 Seward, Ataska, 99664 9 07-224-4 073 tcalenici@cityofsewardnet From: Palmer, Jared <jared.palmer@anixter.com> Sent: Wednesday, February 2, 2022 8:39 AM To: Tatiana Calenici <tcalenici@cityofseward.net> Subject: RE: RFQ: 25 KVA pad mount transformers NOT RESPONDING 14. 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. I thought that it would be Jan. 2023, but was informed yesterday that Ermco has not started planning any orders for 2023. We just happened to have a conference call with our Ermco rep yesterday morning & he made it clear that they won't even talk 2023 order slots. Sorry for the misinformation. Jared Palmer Inside Sales Anixter Inc. 2200 E 63rd Ave Anchorage I AK 199507 Tel: 907-868-3490 Fax: 907-868-1917 0ared.palmer(o)anixter.com Facebook I Linkedln I Twitter I YouTube From: Tatiana Calenici [mailto:tcalenici@cityofseward.net] Sent: Wednesday, February 2, 2022 8:31 AM 1 301 To: Palmer, Jared <iared.palmer@anixter.com> Subject: RE: RFQ: 25 KVA pad mount transformers Warning External Email: This Message Is From an External Sender This message came from outside your organization. Good morning, It depends on the price, but As soon as possible. If the price is higher, then it's by our policy will take longer for approval. I thought you said Ermco we expect them delivered by January 2023? Thank you. 7atiana Calenici Electric Executive .assistant PO BOX 167 Seward, Ataska, 99664 9 07-224-4 073 tcalenici@citUofsewardnet From: Palmer, Jared <lared.palmer@anixter.com> Sent: Tuesday, February 1, 2022 5:14 PM To: Tatiana Calenici <tcalenici@cityofseward.net> Subject: RE: RFQ: 25 KVA pad mount transformers 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. Takes at least a week to get quotes back from Ermco. I did not get the first email from January 11t" when you requested a quote from Corry, so I'm still at square one. How soon are you hoping to have the transformers delivered? Our next available production slots will likely be March/April/May 2023. If I get you an Ermco quote, I will not be able to provide a firm delivery date. l�NllQit Jared Palmer Inside Sales Anixter Inc. 2200 E 63rd Ave Anchorage I AK 199507 Tel: 907-868-3490 Fax: 907-868-1917 iared.Dalmeraanixter.com Facebook ffacebook.coml I Linkedln f linkedin.coml I Twitter ftwitter.coml I YouTube fyoutube.com 2 302 From: Tatiana Calenici [mailto:tcalenici@cityofseward.net] Sent: Tuesday, February 1, 2022 2:26 PM To: Palmer, Jared <jared.palmer@anixter.com> Subject: RE: RFQ: 25 KVA pad mount transformers Warning External Email: This Message Is From an External Sender This message came from outside your organization. Hi, Are there any updates on the quote? Thank you. rt� 7atiana Calenici Electric Executive .assistant PO BOX 167 Seward, Ataska, 99664 9 07-224-4 073 tcalenici@cityofsewardnet From: Palmer, Jared <jared.palmer@anixter.com> Sent: Friday, January 21, 2022 1:43 PM To: Tatiana Calenici <tcalenici@cityofseward.net> Cc: ANIXTER-Jared Palmer - ANIXTER (iared.palmer@anixter.com) <jared.palmer@anixter.com> Subject: RE: RFQ: 25 KVA pad mount transformers 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. Single-phase padmount transformers are close to 2 year lead time. ANIXfi2 Jared Palmer Inside Sales Anixter Inc. 2200 E 63rd Ave Anchorage I AK 199507 Tel: 907-868-3490 Fax: 907-868-1917 iared.Dalmeraanixter.com Facebook [facebook.coml I Linkedln [linkedin.coml I Twitter [twitter.coml I YouTube [youtube.com 3 303 From: Tatiana Calenici [mailto:tcalenici@cityofseward.net] Sent: Friday, January 21, 2022 1:36 PM To: Corry Sherwood <Corry.Sherwood@anixter.com> Cc: ANIXTER-Jared Palmer - ANIXTER (iared.palmer@anixter.com) <jared.palmer@anixter.com> Subject: FW: RFQ: 25 KVA pad mount transformers Warning External Email: This Message Is From an External Sender This message came from outside your organization. Hello, Is there any update on quotes for transformers? Iatiana Calenici Electric Executive .Assistant PO BOX 167 Seward, .Alaska, gg664 9 07-224-4 073 tcalenici@cityofsewardnet 4 304 1125 ORCA ST. Potelcom Supply ANCHORAGE AK 99501 A Division of WE'SC4 Distrlbzition, Inc. Quotation UNLESS THERE ARE DIFFERENT OR ADDITIONAL TERMS AND CONDITIONS CONTAINED IN A MASTER AGREEMENT THAT MODIFY WESCO'S STANDARD TERMS, BUYER AGREES THAT THIS QUOTE AND ANY RESULTING PURCHASE ORDER WILL BE GOVERNED BY WESCO'S TERMS AND CONDITIONS AVAILABLE AT HTTP://WWW.WESCO.COM/TERMS_ AND CONDITIONS _OF_SALE.PDF, WHICH TERMS ARE INCORPORATED HEREIN BY REFERENCE AND MADE PART HEREOF. PLEASE CONTACT THE SELLER IDENTIFIED ON THIS QUOTE IF YOU REQUIRE A PRINTED COPY. To: CITY OF SEWARD Date: 01/25/22 605 SEALION AVE Branch: 6113 SEWARD AK 99664 Project Number: QUOTE Project Name RFQ : WIRE Quoted To: Date of Your 01 / 2 5 /2 2 Inquiry: When ordering please refer to Qiintatinn Number 012017 Item Quantity Catalog Number and Description Unit Price U/ Total Price Rate of Cash Discount Shipping Time (Weeks) Customer Delivery Date MG 10 7500 OKON 163-23-3060 URD 2STR AL 2500 3500.000 M 26250.00 0.00 01/30/22 27 WEEKS 22 7500 OKON 162-23-3081 4/0 STR 15KV 220 5200.000 M 39000.00 0.00 04/30/22 32 WEEKS 30 2000 WIRE 2/0-2&1-1—AL—UD—CONVERSE-100 1500.000 M 3000.00 0.00 01/30/22 STOCK SUB —TOTAL 68250.00 TOTAL 68250.00 F.O.B. Point of Shipment. The prices stated in this offer shall, unless renewed, automatically expire fifteen days (15) from the date of this offer. Prices quoted are subject to adjustment should Duty and Tariff rates chan905from time of bid/quotation to time of order. WESCO reserves the right to adjust its pricing for Goods affected directly or indirectly by changing duties/tariffs/trade agreements and significant currency fluctuations. Per: A141K(CW, 2200 E 63RD AVENUE ANCHORAGE, AK 99507 *1 Phone: 907.868.3490 www.anixterpowersolutions.com Fax: To: CITY OF SEWARD ELECTRIC WAREHOUSE 605 SEA LION AVE SEWARD, AK 99664 Attn: TATIANA CALENICI Phone: Fax: PRIMARY & SECONDARY CABLE Quotation: 000686245.01 Issued Date: Feb 17, 2022 Expiration Date: Mar 19, 2022 Sales Contact: Jared Palmer (P) 907.868.3490 (F) jared.palmer@anixter.com Item CustLine Product and Description I Quantity I Price Unit Extended 1 102F15-C1200-0001 WIRE 2 AL 15KV 220M EPR FN 250OFT R STD PKG: 2500 DEL: 2626' ANCH STOCK; BAL DUE 16-17 WEEKS 2 141F15-C3200-0001 CABLE 4/0 15KV .220 1/3 NEUTRAL EPR STD PKG: 2500 DEL: 30+ WEEKS 3 ConverseXLP1000R WIRE 2/0 AL XLP URD 1000' NR STD PKG: 1000 DEL: STOCK ORDER DUE 3/11/22 Special Notes 1) All items are In Stock unless otherwise noted. 2) All item pricing on this quote is valid for thirty days unless otherwise specified. 3) All applicable taxes apply. 4) FREIGHT PREPAID AND ALLOWED SEWARD 7500 3.760 FT 28,200.00 7500 6.190 FT 46,425.00 2000 2.130 FT 4,260.00 SECTION TOTAL: $78,885.00 QUOTE TOTAL: $78,885.00 BY ACCEPTING THIS QUOTE, YOU AGREE THAT THE ANIXTER TERMS AND CONDITIONS OF SALE PUBLISHED AT THE LINK BELOW ARE EXPRESSLY INCORPORATED INTO AND SHALL GOVERN THIS TRANSACTION. http://www.anixter.com/TERMSANDCONDITIONS Anixter Power Solutions offers the industry's most extensive and dynamic portfolio of products, services and solutions for the Public Power, Investor -owned Utilities, Construction and Industrial markets. The impacts of COVID-19 cannot be reasonably determined at this time. This quote/proposal does not account for any potential adverse impacts COVID-19 may have on Anixter's performance or obligations herein. In the event of any delays or adverse impacts, Anixter reserves the right for an equitable adjustment of the delivery schedule and prices herein to offset the effects of COVID-19 delays, without fault or penalty of any kind. Powered by www.proquote-solutions.com Page 1 of 1 306 Tatiana Calenici From: Hughes, Amber <AHughes@wescodist.com> Sent: Thursday, February 3, 2022 12:48 PM To: Tatiana Calenici Cc: Hunter, Deanna; Mulder, Brian Subject: Re: Ref 1130 Re: Wire Attachments: PRYS TRXLPE DOUBLESEAL[2].pdf 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. Hi, Tatiana See below pricing for all 3 lines. Includes freight from origins to Seward via Carlie Transportation. Line Qty Source Description Lead time Price Extension 1 2000 converse wire stock in PA $2.95 $5,900.00 Q472748 2 7500 priority # 2 aluminum 15kv 220m stock in vegas $4.50 $33,750.00 wire/ prysmian Q472845 3 7500 priority 4/0 220m aluminum stock in little $6.45 $48,375.00 wire/ rock prysmian Q472848 Prices are subject to metal pricing fluctuations and freight surcharges" Thank you, Amber Hughes Akins Inside Sales Wesco I Anixter m. 843.608.0853 1 ahughes(cDwesco.com 5760 Silverado Way, Anchorage, AK 99518 http://www.wesco.com/TERMS—AND—CONDITIONS—OF—SALE.PDF 1 307 Resolution 2022-045 Documents: • Agenda Statement • Resolution 2022-045 • Attachments: o RFP Community Recreation Center Feasibility Study o RFP Community Recreation Center Feasibility Study Q&A o Victus Advisors Proposal o Scoring Sheet o Resolution 2021-105 o Email Correspondence MOOR City Council Agenda Statement Meeting Date: 03/29/22 To: City Council Through: Janette Bower, City Manager From: Tyler Florence, Parks & Recreation Director Agenda Item: Resolution 2022-045: Authorizing the City Manager to Enter into a Contract with Victus Advisors to Conduct a Feasibility Study for a Community Recreation Center in an Amount Not to Exceed $90,940 Background and justification: Per Resolution 2021-105, Seward City Council approved the planning, prioritization and implementation of certain general fund capital improvement projects, including conducting a needs assessment for the establishment of a community recreation center. Parks & Recreation developed and issued a request for proposal January 24, 2022, inviting qualified firms to submit proposals for conducting a community recreation center feasibility study. Three proposals were received by the February 25, 2022 deadline. Proposals were evaluated and scored based on proposed timeline and pricing plan (50 points) and respondent's experience (50 points). The responsible and responsive offeror whose proposal was determined to be the most advantageous was Victus Advisors. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.7.1.2 Support the design, funding and construction of a new indoor recreation facility. Strategic Plan: Pg. 12 Encourage cultural activities, expand library services, and develop additional recreational facilities Other: Resolution 2021-105 Conduct a needs assessment for the establishment of a Community Recreation Center. Certification of Funds Total amount of funds listed in this legislation: $ 90,940 This legislation (✓): Creates revenue in the amount of: $ X Creates expenditure in amount of: $ Creates a savings in the amount of: $ Has no fiscal impact Funds are (✓): X Budgeted Line item(s): Not budgeted Not applicable OF " I 01000-1122-7009 Contracted Services 0IR Unassigned Fund Balance and Available Unrestricted Cash Balance Information Fund (✓): General SMIC Boat Harbor Parking Motor Pool Other Unassigned Fund Balance*: $ Available Unrestricted Cash Balance*: $ Electric Wastewater Water F1 Healthcare *unaudited numbers Finance Signature:���►'"' Attorney Review✓ Administration Recommendation RxYes x Adopt Resolution Not applicable Other: M116, Sponsored by: Bower CITY OF SEWARD, ALASKA RESOLUTION 2022-045 A Resolution of the City Council of the City of Seward, Alaska, Authorizing the City Manager to Enter into a Contract with Victus Advisors to Conduct a Feasibility Study for a Community Recreation Center in an Amount Not to Exceed $90,940 WHEREAS, a stated goal of the 2030 City of Seward Comprehensive Plan is support for the design, funding, and construction of a new indoor recreation facility; and WHEREAS, a stated goal of the City of Seward Strategic Plan is development of additional recreational facilities; and WHEREAS, conducting a needs assessment for the establishment of a community recreation center is listed as one of the projects approved for planning, prioritization, and implementation in Resolution 2021-105, passed and approved by City Council on September 13, 2021; and WHEREAS, the Parks & Recreation developed and issued a request for proposal for a community recreation center feasibility study; and WHEREAS, three proposals were received by the February 25, 2022 deadline, evaluated, and scored; and WHEREAS, the responsible and responsive offeror whose proposal was determined to be the most advantageous was Victus Advisors; and WHEREAS, Victus Advisors has agreed to provide the requested services per the terms and conditions. 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 a contract with Victus Advisors to conduct a community recreation center feasibility study for the City of Seward. Section 2. Funding is hereby appropriated in the account 01000-1122-7009 Contracted Services for the Community Development Department for the FY22 budget. Section 3. This resolution shall take effect immediately upon its adoption. MIS CONTRACT Feasibility Study for Community Recreation Center CONTRACT ("Contract"), between the City of Seward, Alaska, herein called the City, acting by and through its City Manager, and upon signing; this document shall serve as the notice to proceed, and VICTUS ADVISORS LLC Company Name 2720 HOMESTEAD ROAD, SUITE 130, PARK CITY, UT 84098 Company Address (Street or PO Box, City, State, Zip) a/a n Individual Partnership Joint Venture Sole Proprietorship S-Corporation ❑ ❑ ❑ ❑ incorporated under the laws of the State of Utah, its successors and assigns, herein called the Contractor, is effective the date of the signature of the City Manager on this document. The Contractor, for and in consideration of the payment or payments herein specified and agreed to by the City, hereby covenants and agrees to furnish and deliver all the materials and to do and perform all the work and labor required per the terms specified in the Feasibility Study for Community Recreation Center Request for Proposal issued January 25, 2022. The Terms and Conditions in the request for proposal are incorporated as terms of this Contract. It is distinctly understood and agreed that no claim for additional work or materials, done or furnished by the Contractor and not specifically herein provided for, will be allowed by the City, nor shall the Contractor do any work or furnish any material not covered by this Contract, unless such work or materials is ordered in writing by the City. In no event shall the City be liable for any materials furnished or used, or for any work or labor done, unless the materials, work, or labor are required by the Contract or on written order furnished by the City. Any such work or materials which may be done or furnished by the Contractor without written order first being given shall be at the Contractor's own risk, cost, and expense and the Contractor hereby covenants and agrees to make no claim for compensation for work or materials done or furnished without such written order. The Contractor shall commence performance of the work described in the Scope of Work/Specifications on or before May 1st , 2022, and complete that performance on or before December 31 , 2022. It is expressly understood and agreed that in case of the failure on the part of the Contractor, for any reason, except with the written consent of the City, to complete the furnishing and delivery of materials and the doing and performance of the work before the aforesaid date, the City shall have the right to deduct from any money due or which may become due the Contractor. The Contractor further covenants and agrees that the all services will be done under the administration of and to the complete satisfaction of the City subject to the inspection at all times and approval by any regulatory agency of the Local, State, or Federal Government of the United States of America, and in accordance with the laws of the State of Alaska and the City of Seward. 311a For purposes of this Contract, Contracting Officer means Tyler Florence or any other person designated by the City Manager. The Contractor is an independent contractor and not an employee or agent of the City. IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and conditions. CONTRACTOR VICTUS ADVISORS LLC Company Name Signature of Authorized Company Representative BRIAN CONNOLLY, MANAGING PRINCIPAL Name and Title Date CITY OF SEWARD Signature of City Manager Name Date City Clerk (ATTEST) 311b Request for Proposal Feasibility Study for Community Recreation Center Description: Through this solicitation, the City invites Proposers who meet the solicitation qualifications and specifications to submit proposals for the purpose of conducting a feasibility study to determine the need, amenities, location, cost, and operational viability of building a multi -use community recreation center in Seward, AK. The primary components of the study include; market analysis, community needs assessment, operational/financial analysis, building project assessment, and final report/deliverables. Proposals will be reviewed by personnel from the City of Seward. Proposal Documents: A copy of this RFP can be obtained on the City of Seward website: cityofseward.us. It is the Proposer's responsibility to check the website for additional information and / or addendums. Sealed proposals are due prior to the submission deadline. Sealed proposals must be delivered to the City of Seward, City Clerk's Office, located at 410 Adams Street, Seward, Alaska 99664. Late proposals will not be accepted —no exceptions. It is the Proposer's responsibility to confirm the proposal documents are received. Issue Date: Pre -Proposal Question Deadline: Submission Deadline: Public Opening: Proposal Delivery Location: Contracting Officer: January 24, 2022 February 15, 2022 @ 5:00 PM February 25, 2022 @ 10:00 AM February 25, 2022 @ 10:30 AM City Clerk PO Box 167 Seward, AK 99664 Tyler Florence Director of Parks & Recreation Email: tflorencegcityofseward.net (prefer) Phone: 907-224-4053 This is not an order. The attached terms and conditions shall become part of the contract resulting from this Request for Proposal. Proposals shall be submitted in the indicated format. Original signatures may be submitted on the form provided herein. City of Seward RFP Feasibility Study Community Recreation Center Page 1 of 18 K1lifv: Instructions Communications: The only communication concerning modifications, clarifications, questions, amendments, and addendums will be processed through the Contracting Officer listed on the cover page. No contact with any other agents of the city is permitted, and will be grounds for disqualification. Any exceptions to this will be clarified in this document. 2. Questions/Clarifications/Modifications: Questions that could substantially change the contents of this RFP must be made in writing to Tyler Florence at tflorencegcityofseward.net no later than February 15, 2022 (cry 5:00 PM. An addendum with answers will be posted on the city website by February 18, 2022. It is the Proposer's sole responsibility to check the city website for updates and addendums. 3. Proposal Submission: All required documents must be submitted in an enclosed sealed envelope, box, or package and clearly marked with the RFP title, RFP number, submittal date and time, and the Proposer's company name, address, phone number and contact name. See example below. Proposer's Company Name Address Phone Number RFP Title Contact Name RFP Number Submittal Due Date and Time All required documents must be delivered to the City Clerk's office at 410 Adams St, Seward, Alaska 99664 prior to the deadline listed on the cover page of this document. This responsibility rests entirely on the Proposers, regardless of delays with mailing or any other reasons. The Clerk's time stamp is the official time stamp of delivery. a. The accepting and opening of a proposal document does not constitute the City's acceptance of the Proposer as a responsive and responsible Proposer. By accepting and opening of a proposal, the city presumes the Proposers are familiar with the proposal documents and agree and understand all requirements in this document. b. All prices and notations must be typed or written in ink. Pencil markings will not be accepted. Any mistakes must be crossed out and initialed by the person signing the proposal. c. Proposals will not be accepted via facsimile or email. Any electronic means will not be accepted unless specifically specified in this document. d. All costs associated with preparation and presentation of this proposal are the Proposer's responsibility. No pre -proposal costs will be reimbursed to any Proposers. All documentation submitted to the City will become property of the City. City of Seward RFP Feasibility Study Community Recreation Center Page 2 of 18 4. Confidentiality and Proprietary Information: If any information is confidential, it should be placed in a separate sealed envelope and marked CONFIDENTIAL. If any information is proprietary, an original shall be delivered which is clearly marked PROPRIETARY and an additional copy shall be submitted omitting the proprietary information for City use. The copy containing proprietary information will be solely for City use and then disposed of after the proposal is awarded. The omitted copy will remain on rile and part of the RFP documents for future use or records requests. 5. Exceptions: Any exception must be clearly defined and referenced to the proper section or paragraph of this document. The exception must include the Proposer substitution language and explanation as to the reason why this would provide an equivalent or better service or product. If no exceptions are explained in this proposal submittal, the City will assume the Proposer can perform accordingly. Any proposals not meeting all requirements will be rej ected. 6. Duplicate Proposals: The City will only accept one (1) proposal per Proposer, including its subsidiaries, affiliated companies, organizations, or franchises. If multiple proposals are received from the same Proposer, all proposals from the Proposer will be rejected. 7. Withdrawal or Corrections: Proposals may be withdrawn by written notice prior to the submittal deadline. Corrections may be made to proposals submitted if prior to the submittal deadline. 8. Rejection: The City reserves the right to reject any or all proposals and to waive any minor informalities or irregularities in proposals received, if it is determined by the Contracting Officer that it is in the City's best interest to do so. If Proposers fail to provide any requested information in the consideration stage of the evaluation process, their proposals can be rejected. The City may reject any proposals from Proposers who are in arrears or in default to the City on any contract, debt, or other obligation. The City has the right to reject all non -conforming, non -responsive, and unbalanced proposals. Discrepancies in the multiplication of unit price and quantity will be resolved in favor of unit price, as the requested quantities remain the same. 9. Procurement Policy: Procurement for the City is based on Seward City Code Title 6 — Purchasing, Contracts and Professional Services, and any applicable State of Alaska statutes. Seward City Code is available online at www.cityofseward.us. 10. Non -Discrimination: The City will not contract with any persons or entities that discriminate against employees or applicants for any reasons other than those related to job performance. All prospective Proposers will comply with all Federal, State, and local laws and policies that prohibit discrimination in the workplace. The City will not discriminate because of race, religion, color, national origin, ancestry, sex, sexual orientation, age, marital status, change in marital status, pregnancy, parenthood, physical or mental disabilities, genetic information, or political affiliation. City of Seward RFP Feasibility Study Community Recreation Center Page 3 of 18 KEE! 11. Proposal Signatures: An authorized official must sign all proposal documents. This signature will represent the company or entity and their ability to commit to the requirements in this document. 12. Contract Award: The City has the right to award by item, group of items, total proposal, or any combination found to be in the best interest of the City. The City also reserves the right to contract with multiple entities for the same or like goods or services, if it is found to be in the City's best interest. The Proposer who the Notice of Award is made to will be notified at the earliest possible date. Notice of Intent to Award and actual Award will be submitted to the Proposer in writing. After receipt of Notice of Award, or the Notice to Proceed for all construction projects, the Proposer will execute and perform said contract. 13. No Response: If Proposers do not respond to this document, the City will continue to keep Proposers' information for future proposals unless they specifically ask to be removed from the Bidders list. 14. Public Records: All proposals are subject to public records requests after award, with the exception of confidential and proprietary information. See paragraph 6 above for more information. 15. Disqualification of Proposers: Any one or more of the following reasons may cause proposals to be rejected: a. Communication with any other employees or agents of the City of Seward during the RFP process, excluding those specifically listed in this document. b. Evidence of collusion or other anticompetitive practices among Proposers. c. Lack of competency as revealed by financial, experience, or equipment statements. d. Lack of responsibility as shown by past work with the City of Seward. e. Uncompleted work under other current contracts which in the judgment of the City of Seward, may prevent the prompt completion of additional work in this document. 16. Discussions: Discussion with Proposers may commence after opening of all proposals to further clarify and or assure full understanding of solicitation requirements. 17. Subcontractors: All Offers must disclose any and all subcontractors regardless of the dollar amount and the services they will provide within 7 days of Notice of Intent to Award. The list must include the company or subcontractor's name, business location, and evidence of the subcontractor's state business license. 18. Proposer's Responsibilities: The Proposer must be capable of providing all goods or services in this document, described in Section 2 — Scope of Work / Specifications. The Proposer must maintain these qualities until completion of the contract. The successful Proposer is responsible for all goods and services in this document whether they are provided or performed by successful Proposer or their subcontractor. 19. City Participation: The City of Seward will provide appropriate personnel to support the successful Proposer during the course of the contract. The Project Manager will be named City of Seward RFP Feasibility Study Community Recreation Center Page 4 of 18 KIR in this document or the Contracting Officer will act as contact until additional personnel are named specifically. 20. Disclosure of Contents: All information in this document will be held in confidence and not discussed with other Proposers until award. All proposals become the property of the City upon opening. Please review paragraph 6 above for additional information. 21. Unusual Circumstances: Where any unusual circumstances unforeseen by the City or the Contractor and which significantly affect the Contractor's ability or cost in providing goods or services, the Contractor may request cancellation of contract or adjustment to the costs. Significantly in this paragraph is defined as being beyond the control of the Contractor. The request must be documented in writing and may be denied. 22. Contract Commencement: Commencement of a contract shall not begin until all necessary documents are received and reviewed, all City approvals have been completed, including City Council approval forprojects over $30,000, and apurchase order is complete. Commencement of a contract without these requirements will be at the Proposer's sole risk and not compensated by the City. City of Seward RFP Feasibility Study Community Recreation Center Page 5 of 18 K112, Scope of Work / Specifications I. Introduction: Through this solicitation, the City invites Proposers who meet the solicitation qualifications and specifications to submit proposals for the purpose of conducting a feasibility study to determine the need, amenities, location, cost, and operational viability of building a multi -use community recreation center in Seward, AK. The primary components of the study include; market analysis, community needs assessment, operational/financial analysis, building project assessment, and final report/deliverables. Proposals will be reviewed by personnel from the City of Seward. 2. Background: Incorporated in 1912, Seward is a home -rule city located within the Kenai Peninsula Borough. It has a population of 2,600 and approximately another 3,000 inhabitants living just outside city boundaries. The city has a council-manager form of government. The city manages ten parks, five playgrounds, ten campgrounds and three miles of trails. The city works with several community entities to make partnering recreation facilities available for public use, such as the Seward School District and the Alaska Vocational Technical Center (AVTEC) gyms. Other area recreation facilities include 5th Ave Fitness and Apex Gym. Under Resolution 2021-105, Seward City Council approved conducting a needs assessment for the establishment of a community recreation center for planning, prioritization, and implementation. 3. Qualifications: Proposers will be deemed non -responsive, and their proposals rejected if they do not meet the following mandatory qualifications: • The laws of the State of Alaska; • The applicable portion of the Federal Civil Rights Act of 1964; • The Equal Employment Opportunity Act and the regulations issued there under by the federal government; and • All terms and conditions set out in the RFP. • The Proposer must be adept in recreation facilities operations management and experienced in economic, financial and market study of recreation facilities, recreational activities and multi -use recreation centers. 4. Proposers Responsibility: The Proposer shall address and provide all the information requested under this proposal in connection with and respect to the following goals and objectives. 1. Market Analysis • Define service area • Identify demographic/socioeconomic characteristics • Develop community profile • Identify relevant trends, e.g., participation / facility utilization rates • Identify constraints and parameters • Competitive market analysis 2. Community Needs Assessment • Evaluate accessibility of existing recreation facilities and services • Identify gaps and saturation points in existing facilities and services City of Seward RFP Feasibility Study Community Recreation Center Page 6 of 18 K�i�l • Survey demand for proposed facility • Identify desired amenities by priority • Conduct community meetings to solicit input and share information • Conduct focused meetings with key stakeholder groups and potential project partners 3. Operational/Financial Analysis • Develop recommendations and alternative options for: o Ownership model o Financial model ■ Capital/operating costs ■ Identify potential funding sources o Operating model ■ Staffing structure/levels 4. Building Project Assessment • Identify and recommend top three (3) potential locations • Provide recommendations for facility size, amenities, and design features along with conceptual plans • Provide overview of comparable facilities 5. Final Report and Deliverables • Kick-off meeting • Final written report o Elucidate the impact of building a multi -use community recreation center in Seward including costs and benefits to the community, different user groups, and potential facility partners • Report presentation City of Seward RFP Feasibility Study Community Recreation Center Page 7 of 18 [Q& Terms and Conditions 1. Assignment / Transfer: Assignment or transfer of this Agreement or Contract without written consent of the City of Seward may be construed by the City as a breach of contract sufficient to cancel any Agreement or Contract at the discretion of the City. 2. Inspection: All goods and services are subject to inspection and approval by the City at all reasonable times, including inspection during manufacturing. Inspection and approval by City at Contractor's place of business or work site does not preclude rejection for defects upon discovery by subsequent inspection. Any goods or services rejected by the City shall be promptly repaired or replaced at Contractor's expense. Any and all costs incurred by the City in connection with the return of goods or rejection of services shall be at the Contractor's risk and expense. 3. Risk of Loss: Regardless of FOB point, Contractor agrees to bear all risks of loss, injury, or destruction of goods and materials ordered herein which occur prior to delivery and acceptance. Such loss, injury, or destruction shall not release Contractor from any obligation hereunder. 4. Warranty: Contractor warrants that it has good and merchantable title to the goods sold hereunder and that said goods shall conform to the descriptions and applicable specifications. Such goods shall be of good merchantable quality and fit for the known purposes for which sold, and are free and clear of all liens and encumbrances. Contractor and City agree that this order does not exclude, or in any way limit, other warranties provided for in this Agreement or Contract or by law. 5. Excise and Sales Tax: The prices herein must not include any Federal excise taxes or sales taxes imposed by any State or Municipal Government. Such taxes, if included, must be deducted by the Contractor when submitting invoice for payment. An Exemption Certificate is available upon request. - Not applicable to this solicitation - 6. Invoices: Invoices for goods must be submitted on date of complete shipment. Invoices for services must be submitted within 45 days after completion of services. Payment will be delayed if the invoice fails to reference the purchase order number, ordering department, unit prices, quantities, totals, and a full description of the order that matches the purchase order. The City will provide payment 30 days after satisfactory delivery, acceptance, and receipt of invoice. 7. IRS Form W-9 and Vendor Information: Contractor must have on file with the City a current IRS Form W-9 and complete a vendor registration form before City will issue purchase order to the Contractor. 8. Compliance with Laws: Contractor represents and warrants that the performance of this order and furnishing goods or services required shall be in accordance with the applicable standards, provisions, and stipulations of all pertinent Federal, State, and City laws, rules, regulations, resolutions, and ordinances including, but not limited to, the Fair Labor City of Seward RFP Feasibility Study Community Recreation Center Page 8 of 18 KIR Standards Act, the Equal Employment Opportunity rules and regulations, and the Occupational Safety and Health Acts. 9. Amendments: No amendments, modifications, or supplements to this contract shall be binding unless in writing and signed by all authorized representatives of both parties. 10. Termination: When it is in the City's best interest, City may unilaterally cancel this Agreement or Contract at any time whether or not Contractor is in default of any of its obligations hereunder. With any such cancellation, Contractor agrees to waive any claim for damages, including loss of anticipated profit on account hereof. However, the City agrees that Contractor shall be paid for items and/or services already accepted by City, but in no event shall the City be liable for any loss of profits on the order or portion thereof so terminated. Either party may terminate this Agreement or Contract at any time for the failure of the other to comply with any of its material terms and conditions. All Proposers recognize that the City is a government entity and that payment obligation is subject to yearly appropriations by the City's governing body and that if funds are not appropriated, this Agreement or Contract will terminate without penalty to either party. 11. Waiver of Breach: No waiver by either parry of any breach of any of the covenants or conditions herein contained performed by the other party shall be construed as a waiver of any succeeding breach of this same or of any other covenant or condition. 12. Complete Agreement: The parties agree that the conditions of purchase stated herein and the Proposer's proposals set forth their entire Agreement or Contract and there are no promises or understandings other that those stated herein, and that any prior negotiations between the City and Contractor or terms and conditions set forth in the Contractor's quotation, order, or sales acknowledgment shall not constitute a part of the Agreement or Contract between the City and Contractor concerning this purchase. The terms "Agreement" and "Contract" as used in this clause shall include any future written amendments, modifications, or supplements made in accordance herewith. 13. Liability and Indemnity: To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the City, its officers, and employees from and against any and all loss, expense, damage, claim, demand, judgment, fine, charge, lien, liability, action, cause of action, or proceedings of any kind whatsoever (whether arising on account of damage to or loss of property, or personal injury, emotional distress or death) arising directly or indirectly in connection with the performance or activities of the Contractor hereunder, whether the same arises before or after completion of the Contractor's operations or expiration of this Agreement or Contract, except for damage, loss or injury resulting from the City's gross negligence or willful misconduct solely. 14. Insurance Requirements: Contractor must furnish a certificate of insurance within ten (10) days of receipt of the Notice -of -Intent to Award and must endorse policies to provide for a thirty (30) day prior notice to the City of cancellation, non -renewal, or material change of the policies. Failure to furnish satisfactory evidence of insurance or lapse of policy is a material breach of the contract and grounds for termination of this Agreement or Contract. City of Seward RFP Feasibility Study Community Recreation Center Page 9 of 18 [M9 Each policy shall be endorsed with a waiver of subrogation in favor of the City. All other insurance policies required of the Contractor shall be endorsed to provide that such insurance shall apply as primary insurance and that any insurance or self -insured carried by the City will be excess only and will not contribute with the insurance required by this Agreement or Contract. All other insurance policies required of the Contractor and subcontractors shall be endorsed to name the City as additional insured. All insurance shall be on an occurrence form acceptable to the City and having an A.M. Best rating of "A" or better. a. Workers' Compensation and Employers' Liability Insurance as required by any applicable law or regulation. Employers' liability insurance shall be in the amount no less than $500,000 each accident for bodily injury, $500,000 policy limit for bodily injury by disease and $500,000 each employee for bodily injury by disease. The Contractor shall be responsible for Workers' Compensation Insurance for any subcontractor who directly or indirectly provides services under this contract. This coverage must include statutory coverage for states in which employees are engaging in work. If there is an exposure of injury to Contractor's employees under the U.S. Longshoremen's Harbor Workers' Compensation Act, the Jones Act, or under laws, regulations or statutes applicable to maritime employee, coverage shall be included for such injuries or claims. b. Commercial General Liability Insurance: The Contractor is required to provide Commercial General Liability (CGL) insurance with limits not less than $5,000,000 for any contract over $1,000,000 and not less than $1,000,000 for contracts under $1,000,0000 combined single limit per occurrence and $5,000,000 for any contract over $1,000,000 and not less than $1,000,000 for contracts under $1,000,0000, in the aggregate not excluding premises operations, independent Contractors, products, and completed operations, broad form property damage, blanket contractual, explosion, collapse and underground hazards. Limits may be a combination of primary and excess (umbrella) policy forms. c. Comprehensive Automobile Liability Insurance: Covering all owned, hired and non -owned vehicles with coverage limits not less than $1,000,000 single limit per occurrence bodily injury and property damage. d. Professional Liability Insurance: Contractor must maintain Professional Liability Insurance in an amount not less than $1,000,000 per occurrence and $2,000,000 aggregate. e. PROOF OF INSURANCE: The Contractor shall furnish the City with a Certificate of Insurance or, where requested by the City, the policy declaration page with required endorsements attached thereto showing the type, amount, effective dates, and dates of expiration of all policies. All endorsements shall reference the policy number and the project name and project number. The owner is the City of Seward and is to be identified on all certificates and endorsements. City of Seward RFP Feasibility Study Community Recreation Center Page 10 of 18 WA Without limiting its indemnification, the Contractor shall maintain, until termination of Agreement or Contract or completion and acceptance of the project by the City, occurrence type coverage of the kinds and minimum amounts set forth above. All insurance limits are minimum. If the Contractor's policy contains higher limits, the City shall be entitled to coverage to the extent of such higher limits. The City, at its sole discretion, may raise or lower the limit. 15. Records: The City reserves the right to inspect all vendor documents relating to this Agreement or Contract for up to three (3) years after expiration. 16. Acceptance of Proposals: Proposals will be opened and evaluated in accordance with Seward City Code, Title 6. The City Council must approve the contract. The rights and obligations of the contract will become effective and binding upon the contracting parties only after formal execution of a purchase order signed by the Contracting Officer or a contract form signed by the Contractor and City Manager. No other act whether oral, written or implied shall constitute acceptance of a proposal. 17. Postponement: The City reserves the right to postpone the date of the opening of proposals and will give written notice of any such postponement to all known holders of the contract documents. 18. Delivery: Successful Proposers may be required to provide reasonable evidence from their source of supply or manufacturer to justify the delivery dates furnished in their proposal. Any unreasonable deviation from the proposed delivery dates shall constitute a breach of contract and shall entitle the City to cancel all obligations to the Contractor. 19. Time is of the essence: The Proposer is expected to deliver goods or services that conform in all material respects to the contract specifications on or before the date provided herein. This date may be amended by written agreement between both parties. 20. Cooperative Purchasing: Any other State of Alaska government entity may exercise their option to use this same contract to make similar purchases of like items, based on similar quantity. The City is not liable for any other State of Alaska government entity or their purchases. 21. Independent Contractor Relationship: Contractor's relationship with the City for the purpose of the solicitation and Agreement is that of an Independent Contractor, and nothing in the solicitation and Agreement is intended to or should be construed as to create a legal partnership, agency, joint venture, or employment relationship with the City. City of Seward RFP Feasibility Study Community Recreation Center Page 11 of 18 MIA, Evaluation Criteria Evaluation: Proposals will be evaluated using the following criteria to ascertain which Proposer best meets the needs of the City. The City reserves the right to conduct post proposal interviews or questioning for clarification during the review process. All proposals submitted must be complete and set forth the most favorable terms, as the award may be made without any additional contact during the review process. Evaluation Criteria: 100 Points Possible Proposed Timeline & Pricing Plan (50 Points) • Does the proposed timeline seem reasonable in terms of the scope of the project? • Is the fee in line with similar projects of this size and scope? Respondent's Experience (50 Points) • Does the Proposer's resume, references, and current or past performance in this kind of project indicate confidence for high quality products? Evaluation Process: Evaluation of the proposals will be performed by representatives of the City. The City reserves the right to award a contract solely on the information presented in the proposals. The City also reserves the right to request oral interviews with the highest ranked Proposers. The highest ranked Proposer may be invited to enter into contract negotiations with the City for the purpose of awarding the contract. If an agreement cannot be reached between the City and the highest ranked Proposer, the second highest ranked Proposer may be contacted for contract negotiations. This process may continue until successful contract negotiations are achieved. The City reserves the right to terminate negotiations with any Proposer if it is in the City's best interest. The City reserves the right to reject any and all proposals submitted. City of Seward RFP Feasibility Study Community Recreation Center Page 12 of 18 323 Required Documents DOCUMENTS REQUIRED WITH BID In order to be considered a responsive and acceptable bid, the Bidder must sign and submit the following documents: 1. RFP title and number, company name, address, phone number, name of main contact, and submission date 2. Type of services the Proposer is qualified to provide 3. Examples of similar work completed 4. Names, qualifications and experience of key personnel available for this project 5. Furnish at least three references with names, addresses, and phone numbers of completed work similar in nature 6. Comprehensive pricing plan and proposed timeline (one original, two copies) 7. Proposal form S. Fair Employment Practices form 9. Non -Collusion affidavit DOCUMENTS REQUIRED FOR AWARD In order to be awarded the contract, the successful bid must be completely filled out and the following documents submitted within the time specified in the notice of intent to award letter: 1. Contract 2. Certificate of Insurance 3. Alaska Bidder's License 4. Kenai Peninsula Borough Tax Compliance Certification 5. City of Seward Business License 6. State of Alaska Business License 7. Subcontractor List (if applicable) Download solicitations, addendums, and forms at: http://www.ciiyofseward.us City of Seward RFP Feasibility Study Community Recreation Center Page 13 of 18 324 Proposal Form Feasibility Study for Community Recreation Center Failure to complete this form shall result in your Offer being deemed non- responsive and rejected without any further explanation. Offer and Obligation: The undersigned hereby offers, and agrees to be bound and obligated to this offer, to furnish the goods and / or services in compliance with all Terms and Conditions, Scope of Work, Specifications, and Addendums in this solicitation and, if awarded, enter into an Agreement or Contract with the City. Addendums: The undersigned has read, understands, and is fully cognizant of all parts of this solicitation, together with any addendum issued in connection with this document. The undersigned hereby acknowledges receipt of the following addendum(s). In addition, the undersigned has completely and appropriately filled out and submitted all required forms. Initial next to each applicable addendum number(s) or, if none, leave blank. Addendum 91 Addendum 42 Addendum 43 Addendum 44 If additional addendums were issued, list numbers here and initial. Compliance: The undersigned hereby accepts all administrative requirements of the solicitation and will be in compliance with such requirements. By submitting this Proposal Form, the Proposer represents that they are in compliance with all applicable provisions of Seward City Code, Title 6, and if awarded a contract to provide the construction, goods, or services required in this solicitation will comply for the entire length of the Agreement or Contract. Non —Collusion: The undersigned, by submission of this Proposal Form, hereby declares that this offer is made without collusion with any other business or person making any other offer, or which otherwise would make an offer. Performance Guarantee: The undersigned further agrees that if awarded the Agreement or Contract, it will submit to the City any required performance guarantee (i.e. irrevocable letter of credit or cash deposit), if applicable. Proposal Price: The undersigned agrees to abide by the pricing contained in the proposal. NO OFFER WILL BE ACCEPTED WHICH HAS NOT BEEN MANUALLY SIGNED IN INK IN THE APPROPRIATE SPACE BELOW City of Seward RFP Feasibility Study Community Recreation Center Page 14 of 18 M I certify, under penalty of perjury, that I have the legal authorization to bind the company hereunder: Company Name Address City State Zip Signature of Person Authorized to Sign Printed Name Title Name Title Phone Email City of Seward RFP Feasibility Study Community Recreation Center Page 15 of 18 W2, Fair Employment Practices Form This questionnaire on fair employment practices for the qualifications of bidders is part of this bid document and must be returned with your bid. Failure to complete this form may be sufficient cause for rejection of your bid. It will be necessary to submit this form on an annual basis in order for the city to maintain and up-to-date file on your progress in equal opportunity employment. As required by federal and state laws and regulations, the city may request additional equal employment opportunity information from you. "Fair" or "Equal Employment" means the practice of not discriminating among persons on the basis of race, color, sex, national origin or age. This questionnaire will be evaluated by the purchasing agent and his recommendations will be a factor in determining whether your firm is to be retained on the city's bid list. SECTION PLEASE ANSWER ALL THE FOLLOWING QUESTIONS: A NAME OF FIRM ADDRESS TELEPHONE NUMBER NATURE OF BUSINESS NUMBER OF FULL TIME EMPLOYEES PERSON FILLING OUT FORM TITLE SECTION DO YOU HAVE A WRITTEN EQUAL EMPLOYMENT POLICY? YES NO Iam:�,`�UaW.R9:I:raV.X#J:90I•»'1 IF NO, DO YOU PLAN TO ADOPT ONE IN THE NEAR FUTURE? YES NO City of Seward RFP Feasibility Study Community Recreation Center Page 16 of 18 327 SECTION DO YOU HAVE A WRITTEN AFFIRMATIVE ACTION POLICY? YES NO C IF YES, PLEASE ATTACH COPY IF NO, DO YOU PLAN TO ADOPT ONE IN THE NEAR FUTURE? YES NO SECTION DO YOU UTILIZE AFFIRMATIVE ACTION IN EMPLOYMENT PRACTICES, SUCH AS ADVERTISING ALL POSITIONS WITH THE EQUAL OPPORTUNITY D CLAUSE, MAKING SPECIAL EFFORTS TO RECRUIT MINORITY AND FEMALE JOB APPLICANTS AND REVIEWING JOB -TESTING PROCECURES TO ENSURE THAT NO DISCRIMINATORY BIASES EXIST? YES NO SECTION NAME OF OFFICER OF FIRM E SIGNATURE OF OFFICER DATE City of Seward RFP Feasibility Study Community Recreation Center Page 17 of 18 328 Non -Collusion Affidavit The undersigned proposer, having fully informed themselves regarding the accuracy of the statements made herein certifies that: (1) the proposer developed the bid independently and submitted it without collusion with, and without any agreement, understanding, or planned common course of action with any other entity designed to limit independent bidding or competition, and (2) the proposer, its employees and agents have not communicated the contents of the bid to any person not an employee or agent of the proposer and will not communicate the proposal to any such person prior to the official opening of the proposal. The undersigned proposer further certifies that this statement is executed for the purpose of inducing the City of Seward to consider the proposal and make an award in accordance therewith. Legal Name of Proposer/Firm Business Address Signature and Title Date Printed Name of Title Person Subscribed and sworn to me this day of 120 Notary Public My Commission Expires City of Seward RFP Feasibility Study Community Recreation Center Page 18 of 18 OW RFP FEASIBILITY STUDY FOR COMMUNITY RECREATION CENTER Questions & Answers Updated 02114122 Q: Regarding the current City of Seward Request for Proposals for a Feasibility Study for a Community Recreation Center, can the City please provide more information to offerors about the anticipated budget and timeline for completing the desired scope of work? A: While the City does not provide a budgeted price for these types of proposals, $100,000 was placed in the 2022 budget for this project. All work is anticipated to take place in 2022. Q: Can you confirm that we only need to submit one (1) hard copy of the proposal? A: Correct. Proposers may submit one hard copy for the whole proposal and may disregard the request for two copies of the Comprehensive pricing plan and proposed timeline (pg. 13 Documents Required With Bid). Q: We have had repeated issues lately with FedEx shipping delays, and we are concerned that a 2/18 response to questions and a 2/25 submittal date may not allow enough time for us to update our proposal based on the Q&A, get it printed/bound, and then shipped via FedEx to Alaska by the 25th. Is it possible to receive the Q&A response earlier than 2/18? Or to allow digital/email submission instead of hard copy? A: To aid the timely submission of proposals, a Questions & Answers addendum will be posted to the City website and continuously updated as questions are received up until the Pre -Proposal Question Deadline. Q: The RFP asks for responses to be labeled by RFP number. There appears to be no RFP number — is there one we should add? A: Please label responses using the RFP title and disregard numbering. Q: The RFP notes "one original, two copies" for the Comprehensive Pricing Plan and Proposed Timeline. Does this mean that it should be separate from the rest of the proposal, or do you want one original and two copies of the entire package? wit, A: Proposers may submit one hard copy for the whole proposal and may disregard the request for two copies of the Comprehensive pricing plan and proposed timeline (pg. 13 Documents Required With Bid). Q: Does the City have an estimated budget or maximum budget they expect to contract for? A: While the City does not provide a budgeted price for these types of proposals, $100,000 was placed in the 2022 budget for this project. Q: Does the City have a proposed schedule for the final deliverable? A: All work is anticipated to take place in 2022. Q: The RFP states, "Sealed proposals must be delivered to the City of Seward, City Clerk's Office, located at 410 Adams Street, Seward, Alaska 99664." However it also says, "Proposal Delivery Location: City Clerk, PO Box 167, Seward, AK 99664." Do you have a preference for delivery to the physical address or the PO Box? A: Delivery in -person to the City Clerk's Office is preferrable, however, either address is fine for mailing purposes. MI 1 .'.��.`►�`.^'""` '�,. �:.;T'xx'"'R�•-.' \� may' `+ ... "`s I - r \1\ V I C T U S A D V I S a R S r EaPc PROPOSAL TO CONDUCT A COMMUNITY RECREATION CENTER FEASIBILITY STUDY FOR THE CITY OF SEWARD, ALASKA Submitted: February 25, 2022 V\ EAPC VI v T Us ARCHITECTS ENGINEERS A D V 15 O R 5 February 25, 2022 Tyler Florence Director of Parks & Recreation City of Seward 410 Adams Street Seward, AK 99664 Mr. Florence: Victus Advisors, along with our proven project partner EAPC, is pleased to submit this proposal to provide the City of Seward (the "City" or "Seward") with a Feasibility Study for a Community Recreation Center. Our team is uniquely positioned to assist you with this study, because: • Recreation Center Research, Planning, Finance & Economics - Victus Advisors is led by a group of recreation, sports, and event facility development advisors with broad experience in market research, needs assessment, facility operational planning, tourism economics, and public finance. • Unparalleled Research & Planning Experience - Over their careers, our advisors have completed sports and recreation facility research and planning studies in more than 35 U.S. states, with total estimated construction costs over $20 billion and projected visitor economic impacts of nearly $100 billion in net present value. • Site Planning & Concept Design Expertise - EAPC is an established project partner of Victus Advisors, with multi -disciplinary expertise in recreation facility architecture and engineering. Over the past 55 years, EAPC has produced more than $275 million per year in construction value built, via offices throughout North America including Fargo, Bismarck, Minot, Grand Forks, Dickinson, and Williston, ND; St. Paul and Bemidji, MN; Sioux Falls, SD; Phoenix, AZ; and Fort Collins, CO. • Independence & Objectivity - As an independent advisory practice that focuses solely on the feasibility assessment stages of recreation, sports, and event facility projects, Victus Advisors' only motivation is to develop realistic market demand and financial/economic estimates that serve the best interests of our clients. Our objectivity allows us to navigate political, stakeholder, and community desires, as well as facilitate conversations with a variety of potential partners throughout the industry. Victus Advisors and EAPC appreciate the opportunity to submit this proposal, and we hope to have the opportunity to work with you on this exciting project in Seward! Sincerely, Brian Connolly, Founder & Managing Principal Victus Advisors LLC 2720 Homestead Road, Suite 130, Park City, UT 84�q98 Office: (435) 776-5728 H Email: bconnolly@avictusadvisors.com 6 Cover Letter Table of Contents 1. Overview of Firms & Services 2. Examples of Similar Work Completed: A. Victus Advisors - Ice Rinks B. Victus Advisors - Indoor Sports & Recreation C. EAPC — Recreation Venues 3. Resumes of Assigned Project Personnel 4. References 5. Comprehensive Work Plan, Pricing & Proposed Timeline 6. Required Proposal Forms & Affidavit F 3 M 10 22 50 M 71 73 Contact Information 86 \1\ V I CT US A D V I S 0 R S SECTION 1 Overview of Firms '°' & Services 11 LA tr M FIRM INFORMATION VICTUS ADVISORS At Victus Advisors, our approach is research -based, economic - minded, and community -focused. We assist our clients in establishing market -driven sports and recreation facility plans that maximize impact and minimize risk. In fact, our principal works directly with clients to create original plans that identify sports market opportunities, gauge risks, and provide next steps for execution. Victus Advisors has successfully provided our market -driven and client -centric sports and recreation facility planning services to cities, counties, visitors bureaus, and universities nationwide. As an independently owned and operated advisory practice, we pride ourselves on: • Providing client -centric and community -focused services, that meet the needs of stakeholders and community members. • Facilitating original, market -driven research that is free from conflicts of interest associated with contingent services. • Delivering actionable reports that provide clients a full understanding of the market demand, financial feasibility, and economic impacts. • Leveraging the industry experience of our expert Advisors to deliver a realistic and achievable plan. ADVISORY EXPERIENCE Founded in 2012, Victus Advisors has quickly grown to be the independent leader in sports and recreation facility advisory. SERVICES Market Demand Studies Financial Feasibility Studies Economic & Fiscal Impact Analysis Sports Tourism Strategic Plans Custom Market Research Sponsorship & Naming Valuations Sports Marketing Plans Sports Facility Operational Reviews RFP Assistance & Negotiations k k FACILITY TYPES Parks & Recreation Facilities Ice Arenas Youth/Amateur Sports Facilities Multi - Use Arenas Event Centers Stadiums Ballparks Victus Advisors' leadership has consulted on hundreds of University Sports Venues projects across North America, featuring over $100 Billion in economic impact net present value and creating plans totaling over $20 Billion in facility construction costs. FIRM APPROACH VICTUS ADVISORS EXPERT ADVISORS Our Ivy League -educated principal and industry leading Advisors specialize in leveraging diverse expertise for sports, recreation, and event facility feasibility planning. With backgrounds in public finance, real estate, market research, fundraising, sports marketing, and facility operations, the Victus Advisors team builds actionable, market -driven roadmaps for long-term operational success. ACTIONABLE REPORTS Victus Advisors is committed to helping our clients fully understand the market demand, financial feasibility, and economic realities of their sports, recreation, and event facility development options. Our expert Advisors build original research reports that provide clients with statistically -valid support for fundraising initiatives and venue plans. We deliver these original reports in a visually appealing format that builds consensus and understanding among project stakeholders and community leaders. Our reports assess the market demand and economic feasibility of the project, and: • Develop specific, actionable recommendations and a detailed roadmap for achieving unique goals. • Present results in a visually appealing format that is easily repurposed for future presentations. • Identify both the pros/cons and risks/rewards of various facility development options. • Provide clear conclusions, quantified projections, and recommended next steps for maximizing the long-term benefits in your community. • Source our conclusions and recommendations to specific research inputs and data. _2 IVINGT ON OREGON IDAHO NEVADA �AH San co LI oLas. Lo A A n Diego 'N NL I MONIQ QAKOTA MINNESOTA Ottawa Montreal 1 a SOUTH W1S NSIN MAINE DAKOTA Toronto VT NC E#IGAN C NH ',NY0MING - G i NEW A I[1WA NEBEaASKA T RI UIS la M lJ t e d States I N D N oPhiladelphia - WEST NJ MISSUUkI zr M IA KEN l%J NIA nVI AROMA T ENNESSt- iRTH AN2U INA ARK S NE'' 9cC1 3[SS If7Pl 1TH' 9A9MA DLINA TEXAS GE 19LOUISIANA Houston RELEVANT EXPERIENCE Our experience is also relevant and current. For example, in just the past 5 years alone, Victus Advisors has completed over 50 sports venue projects in 35 states, as shown above. PROVEN METHODOLOGIES Our proven research methods rely on primary market research and community engagement to identify unique recreation venue demand drivers and market opportunities for each client. Our customized, analytical approach allows us to build unique models for each client, with quantified opportunities for both local usage and regional/national events that drive economic impact. DATA -DRIVEN MARKET ANALYSIS & DEMAND PLANNING USER GROUP ENGAGEMENT & CUSTOMIZED MARKET RESEARCH in QUANTIFIED VENUE DEMAND & ECONOMIC IMPACT PROJECTIONS FIRM OVERVIEW EAPC AR - AND WHAT WE DO EAPC Architects Engineers (EAPC) is a multi -disciplinary Architecture, Engineering, rr. and Consulting Professional Corporation EAPC with offices in Fargo, Grand Forks, Minot, Bismarck, and Williston, ND; St. Paul and Bemidji, MN; Sioux Falls, SD; Phoenix, AZ; and Fort Collins, CO. EAPC focuses on creating functional, efficient, and beautiful structures and spaces that stimulate the senses and enrich the experience of the user. We value our client relationships and work to earn trust and friendships that last well beyond a completed project. OFFICE 112 N. Roberts Street, Suite 300 Fargo, ND 58102 701.461.7222 eapc.net IMC CREATIVE PEOPLE WORKING AS A TEAM 55 * REMARKABLE YEARS OF ACHIEVEMENTS CONTACT PERSON Alan Dostert Principal in Charge, Contact Person 701.261.9589 alan.dostert(a)_eapc.net 14 1 WHEREABOUTS ACROSS ND, MN, SD, AZ, & CO $275M PER YEAR IN CONSTRUCTION VALUE BUILT Architecture Commissioning Construction Management Electrical Engineering Industrial Services Interiors Mechanical Engineering Structural Engineering BIM Modeling Bond Referendum Support Energy Modeling Entitlements Feasibility Assessments Forensic Investigations Fundraising Support Marketing/Promotion Master Planning Public Engagement Space Needs Analysis Sustainable Design Civic/Public Cultural Healthcare Higher Education Historical Preservation Hospitality Housing Industrial/Power K-12 Education Retail Wellness/Recreation Workplace lip"Best MARKETING c4 G Firms Excellence I -MP Ali To Work ForZIA �Jr �. ��J . ` CST WORK �fMBE� 2021-2025 \1\ V I CT US A D V I S 0 R S SECTION 2 A. Similar Work Victus Advisors- k, Ice Rinks S tr M ICE & SPORTS CENTER WAUSAU, WI MARKET & FINANCIAL FEASIBILITY STUDY FOR A NEW INDOOR ICE & SPORTS CENTER IN MARATHON COUNTY (2019) // WITH EAPC WAUSAU Central Wisconsin Convention & Visitors Bureau e MARATHON COUNTY .i MCDEVCO � a Victus Advisors and EAPC provided Visit Wausau and the Marathon County Development Corporation with a market and financial feasibility study for a proposed indoor ice, sports, and events center in Central Wisconsin, which will be a public -private partnership between Marathon County, City of Wausau, and US Sports Development Group (USSDG), a 501(c)3 non-profit established to grow, operate, support and sustain a number of multi -use sports centers; increase opportunities for successful regional, national, and international sports events at the grassroots levels; and preserve the Olympic ideals, and thereby inspire all Americans. The proposed indoor sports center is expected to include a 3,000-seat ice hockey arena and an indoor 45,000 square foot, flat -floor area with portable flooring systems for a second ice sheet, sports courts (volleyball, basketball), artificial turf (indoor soccer, multi -sport training), and trade shows/expos. Our study included multi -level stakeholder and sports community engagement, competitive and comparable market research, sports facility demand assessment, facility location analysis, operating and usage projections, financial feasibility analysis, venue management analysis, and economic impact analysis, and a facility concept design by EAPC (shown below). We presented the results of our study to Marathon County stakeholders and media in August 2019. V ^ E%HIBR HALL = 46,450 SF ICE ARENA= 75,7205F INDICATES CONTROL POINT r_ YELLOWSTONE COUNTY INDOOR SPORTS VENUES BILLINGS, MT YELLOWSTONE COUNTY INDOOR ICE ARENA & SPORTS FACILITIES MARKET DEMAND & DEVELOPMENT FEASIBILITY STUDIES - BILLINGS, MT (2018) MaNTANA.s Victus Advisors recently provided a multi -stakeholder group in Yellowstone County with an indoor sports facilities and sports tourism market study. Visit Billings and the State of Montana were significant funding sources for the project, and the County Commissioners tasked Big Sky Economic Development and Beartooth RDA (public -private agencies tasked with sustaining and growing the County's economy and quality of life) with managing the Victus Advisors study, which included market needs assessment for indoor sports, financial analysis related to potential new indoor sports facilities, and a sports tourism marketing analysis for Visit Billings. Victus Advisors' study included a review of the existing Centennial Ice Arena operations, local sports needs assessment, sports tourism market demand assessment, indoor sports facility recommendations (including ice, aquatics, and basketball/volleyball), financial operating projections for new indoor sports facilities, economic impact and hotel night analysis, capital project funding analysis, facility management/operations analysis, and sports marketing recommendations for Visit Billings. We presented our final recommendations in a public forum in Billings in March 2018. Our Yellowstone County study findings are available here: https://bigskyeconomicdevelopment.org/sportsfacilityfeasibilitystudy/ Brian Connolly, Managing Principal of Victus Advisors, conducts a public information session in Billings, Montana, in November2017. 4-SHEET ICE ARENA COMPLEX WILLISTON, ND MARKET ANALYSIS FOR A NEW PUBLIC -PRIVATE 4-SHEET ICE COMPLEX IN WILLISTON, ND (2020) In 2019, Cardon Development was selected by the City of Williston, North Dakota, to redevelop the 900-acre site of the former Sloulin Field Regional Airport, which was recently replaced by the new Williston Basin International Airport. Cardon is now working with the City on redevelopment plans for the site, and Victus Advisors was engaged as part of a larger consultant team to examine the market opportunity for sports and event facilities on the site. In particular, preliminary plans include a new 4-sheet ice arena complex, including a 3,000-seat primary arena with a three additional ice sheets for additional training, recreation, competition, etc. Victus Advisors' market analysis included demographic/socioeconomic analysis of key drivers for youth/amateur sports participation, as well as benchmarking analysis of comparable ice and events centers in regional markets such as Bismarck, Fargo, and Billings, among others. aryLL,� R��'"+�esr aow bNO a d � , r 11 12 14. r F r., � w 16 1.3 15 F �- 5f 9 1d 4 3 1 51 i i a ' 6 16 ICE PAVILION TRUCKEE, CA MARKET FEASIBILITY STUDY & VISITOR IMPACT ANALYSIS FOR AN ICE & EVENTS PAVILION —TRUCKEE DONNER RECREATION & PARK DISTRICT (2019) Q TRUCKEE-DONNER Recreation & Park District Victus Advisors recently provided the Truckee -Donner (California) Recreation & Park District (TDRPD) to study the community needs, regional market demand, financial feasibility, and potential economic impacts of a proposed new outdoor covered ice pavilion that can both serve the local ice recreation needs of Truckee residents and also drive new visitation to the Truckee area of Lake Tahoe via hockey tournaments, figure skating events, and summer festivals. In the winter, the pavilion will be utilized as a single ice sheet for recreational skating, youth hockey tournaments, adult hockey leagues, learn -to -skate programs, and other such ice uses. In the summer, the covered pavilion will be designed to accommodate banquets, festivals, and other such event uses. Overall, the pavilion and surrounding park complex will include: covered pavilion (summer concerts/festivals, winter ice), designated food truck area, operational and administrative offices, landscaped outdoor patio/event rental space, parking, and other such amenities to make the site compatible for a wide variety of year-round events. Our study results were presented in Fall 2019, and our key tasks included: • Community Engagement (one-on-one interviews, telephone interviews, etc • Comparable facility and event analysis • Usage projections and financial operating pro forma • Visitation estimates and fiscal impact analysis Outdoor Covered Pavilion/ Ice Rink Structural Concepts �P II lik " v 4 � e µ I � •may._, resat.. �;�.rs. architecture engineering PARK CITY ICE ARENA EXPANSION PARK CITY, UT MARKET & FINANCIAL FEASIBILITY STUDY FOR THE POTENTIAL EXPANSION OF '' UTApLYMPIC LEGACY PARK CITY ICE ARENA (2015) In 2015, Victus Advisors was engaged by a multi -stakeholder group including the Utah Olympic Legacy Foundation and the Park City Municipal Corporation to study the market feasibility of potential expansion options for the Park City Ice Arena. In addition to improvements to the operational capabilities and athlete/visitor amenities, we analyzed the potential for addition of an Olympic -caliber rink for inclusion in a future Winter Olympics bid (2030). Our final report outlined our assessment of market demand for ice arena usage in Park City, pros and cons of various ice arena development options, utilization and financial projections for each recommended options, an analysis of potential project funding mechanisms, and potential for future expansion to accommodate the Olympics. We presented our final report in a public meeting in Park City in December 2015. BLACK ROCK ICE EVENTS CENTER HEBER CITY, UT N OPERATING PRO FORMA FOR ANEW ICE EVENTS CENTER AT BLACK ROCK 1pk44� RESORT — HEBER CITY, LIT (2019) MOUNTAIN RESORT In September 2019, Victus Advisors provided the private development company that is currently building the Black Rock Mountain Resort with an operating model and financial pro forma for a new multi -sheet ice events center that is being built as part of a new resort destination in the Park City area. The Black Rock condominium -hotel was already under construction, and the ice events center broke ground in Spring 2020. The first phase will include an indoor NHL -sized ice sheet with approximately 900 seats, as well as a temporary outdoor sheet for winter usage. By 2025, a second indoor sheet will be constructed with approximately 200-300 seat capacity. The primary goal of the ice events center is to attract youth/amateur hockey tournaments and other ice sports events to drive hotel nights and sports tourism spending to Black Rock. Our study tasks included: • Develop Key Assumptions & Market Factors - Conducted a review of competitive ice facilities within a 30- to 60-minute drive time of Black Rock Mountain Resort and identified current market rates, including memberships, open skate, rental rates, user fees, etc. • Develop Operating Pro Forma & Scenario Analysis — Developed a 25-year operating pro forma for the ice events center, considering both an initial single indoor sheet configuration (with a second temporary outdoor sheet during the winter months), and a future second indoor ice sheet. Also conducted a scenario analysis based upon changes in competitive market rates, as well as changes in operating approach (such as in-house concessions). MOUNTAIN RESORT Ak DEER VALLEY �parkstj.city�� PARS TV .a .. KIMBALL y /� JUNCTION ,r 'CANYONS HEBER CITY 2-SHEET ICE ARENA VIRGINIA BEACH, VA MARKET & FINANCIAL FEASIBILITY STUDY FOR A NEW PUBLIC -PRIVATE, 2-SHEET ICE ARENA FOR THE Q HAMPTON ROADS YOUTH HOCKEY ASSOCIATION (2021) ♦ /W Victus Advisors was engaged by the Hampton Roads Youth Hockey Association ("HRYHA") in June 2021 to conduct a market, financial, and economic feasibility study for a new P3 indoor ice center (Warrior Ice Center) in Virginia Beach. Our primary project goals for this study included: • Market Demand Analysis - Determine market demand and market opportunity for indoor ice center local and regional use. • Facility Program Development — Develop recommendations for program needs and amenities that could be associated with the proposed Warrior Ice Center in Virginia Beach. • Financial Operating Analysis — Develop a custom long-term financial model to project the financial operations of the proposed venue. • Economic & Fiscal Impact Analysis — Estimate the economic and fiscal impacts that could be generated by a new ice center in Virginia Beach. HRYHA has been operating the outdated Iceland Center, which is a renovated grocery store. The ice sheet dimensions are just 79' by 183', and HRYHA has outgrown the facility, with over 180 kids in the youth program, 29 adult teams, sled hockey, figure skating programs, and more. A Public Private Partnership (P3) proposal was submitted to the City of Virginia Beach for the purpose of developing and constructing the new ice center, including a request for the City to contribute land for the venue, as well as grants from the Economic Development Investment Program. The remaining funds for the $16 million facility will be privately raised by HRYHA. t 4. ,. PARKING SUMMARY CCss DV CES / PJ Aor�o TOTAL: FSM1ACES /tJJ I TWO -SHEET ICE CENTER MARICOPA COUNTY, AZ FEASIBILITY STUDY FOR A NON-PROFIT .6 AMATEUR ICE HOCKEY CENTER IN �I®i�F�'�* eur�F SUBURBAN PHOENIX, ARIZONA (2017) 1 NyFPR EYE In 2017, Victus Advisors provided a development group including IBC Construction and Puckhead Hockey Club with a study of the market potential for a new two -sheet ice center to serve the needs of youth/amateur hockey clubs in the greater Phoenix area (Maricopa County). Our market feasibility study included demographic/socioeconomic analysis, stakeholder interviews, potential user interviews, and competitive/comparable facility analysis. Based on our market analysis, we also made location and building program recommendations, as well as developed financial projections for the potential revenues/expenses of the proposed ice arena. Our study was completed in April 2017 and was utilized by the client as a key component of arranging equity investments and private loans for the project. M COYOTES ARENA & COMMUNITY ICE COMPLEX SCOTTSDALE, AZ MARKET & FINANCIAL ADVISORY SERVICES FOR %W A PROPOSED ARIZONA COYOTES ARENA & SOLP.NM11 I MAh GROUP COMMUNITY ICE COMPLEX— SCOTTSDALE, AZ (2016) 4e In 2016, Victus Advisors provided a private developer in Scottsdale, Arizona, with market/financial advisory services and negotiation support for a potential development of a new NHL hockey arena and adjacent hockey training center and community ice complex on privately -owned land. Victus Advisors conducted an analysis of comparable training centers and community ice complexes developed by NHL franchises, analyzed comparable arena lease structures, reviewed arena funding case studies, estimated market demand and revenues/expenses for both a new NHL arena and an adjacent youth/amateur community ice center, and created financial models projecting potential lease conditions and operating models for both the arena and the ice complex. INDOOR ICE & SPORTS CENTERS HAGERSTOWN, IVID INDOOR ICE & SPORTS FACILITIES MARKET STUDY 4 �C AND PUBLIC -PRIVATE PARTNERSHIP ANALYSIS FOR THE CITY OF HAGERSTOWN, MD (2018-19) V :� In April 2018, Victus Advisors was engaged by the City of Hagerstown, Maryland, to conduct a market and financial feasibility study for proposed new indoor sports venues. Our initial market demand study results were presented to City Council in August 2018. As a key part of the study, Victus Advisors was asked to evaluate an expansion proposal for Hagerstown Ice Complex, a one -sheet ice facility owned by the City and operated by a non- profit with some public funding support. The Board of the Ice Complex is seeking to expand the existing ice facility to two ice sheets, as well as to potentially add indoor artificial turf space to accommodate additional uses such as indoor soccer, box lacrosse, and flag football. The City also asked us to determine the overall need for an additional indoor sports complex with space for multiple sports (potentially including hockey, soccer, lacrosse, basketball, volleyball, etc.). Ultimately, we provided data and recommendations for the City to attach to an RFP for indoor sports complex development via a public/private partnership to build and operate the facility. After we presented our market study findings to City Council, we were asked to assist City staff with preparation and distribution of the public -private partnership RFP for a sports facility development. The City received two proposals from interested partners, and Victus Advisors took part in the interview process and helped the City evaluate the pros -and -cons of each proposal. In early 2019, the City Council determined to reject both private sector partnership proposal, and to pursue a public -public partnership with the County instead. OTHER RELEVANT ICE EXPERIENCE VICTUS ADVISORS SPORTS FACILITIES EXPANSION STUDY Lee County� IN LEE COUNTY, FLORIDA (2016) sotffAwesl ?` /Orida' In 2016, Victus Advisors was hired Victus Advisors was hired by Lee County, Florida (i.e. the Fort Myers / Cape Coral market) to conduct an analysis of potential expansion opportunities for the County's sports venues. Our analysis focused on both indoor and outdoor venues, including ice and hockey facilities (such as The Skatium, and the Germain Arena — home of ECHL Florida Everblades), as well as baseball facilities (spring training homes to the Twins and Red Sox), softball complexes, multi-use/soccer fields, aquatics venues, and basketball/volleyball. YOUTH SPORTS MARKET & FACILITY MOM FORT WAYNE PARKS AND STUDY— CITY OF FORT WAYNE, IN (2013) RECREATION In 2013, Victus Advisors provided the City of Fort Wayne with analysis of the amateur sports facilities in Fort Wayne and the market potential for increased regional/national sports event activity. Victus' comprehensive analysis included ice facilities (such as Sport One Parkview Ice House), indoor court sports, outdoor field sports, and aquatic facilities. The goal of the study was to identify sports growth opportunities for Fort Wayne, identify sports facility needs, and suggest specific steps for attracting more sports events. AMATEUR SPORTS MARKET & FACILITY CO STUDY — CITY OF COLUMBIA, MO (2014) �F In 2014, Victus Advisors was engaged by the City of Columbia to assess the local market for sports facility usage as well as the regional/national tournament demand. Our analysis included ice facilities, court sports, field sports, and aquatic facilities. As a result of our study, we identified opportunities for growth via sports facility upgrades, new sports facilities, improved sports tourism marketing approach, project funding strategies, and creation of a multi -stakeholder advisory board. \1\ V I CT US A D V I S 0 R S SECTION 2 B. Similar Work Victus Advisors- k, Indoor Recreation 11 S tr M INDOOR RECREATION CENTER SARATOGA SPRINGS, UT NEEDS ASSESSMENT & FINANCIAL FEASIBILITY STUDY FOR AN INDOOR RECREATION CENTER SARATOGA SPRINGS IN SARATOGA SPRINGS, UTAH (2021-22) Im1-.fe'i,ust better here Victus recently provided Saratoga Springs City with a needs assessment and feasibility study for a proposed new indoor recreation center. Our final report is available here (see page 96): https://www.saratoaasprinascity.com/AaendaCenter/ViewFile/Aaenda/ 02012022- 871?packet=true. Our study process included: • Community Engagement - Conducted a public open house, and interviewed 10 stakeholders in 1-on-1 setting and 24 individuals/organizations in two (2) focus groups. • Demographics & Trend Analysis - Analyzed demographic trends of the City and surrounding areas, and reviewed regional/national participation trends in indoor recreation. • Analysis of Existing Recreational Programs, Services & Facilities - Analyzed the City's current priorities, core program areas, current user fees, and operating cost recovery. • Comparable Recreation Center Analysis - Conducted a detailed review of five (5) comparable regional recreation centers Utah, and gathered information regarding location, ownership, operator, amenities/features, membership fees, special events, other uses, etc. • Statistically -valid Online Survey - Conducted a statistically -valid online survey through the City's existing databases of citizens, recreation and parks users, social media, etc. • Concept Development - Think Architecture generated a conceptual project design and site test fit based on the research collected and program recommended by Victus. • Usage Projections, Operating & Financial Analysis - Victus developed an operating pro forma to project the venue's annual usage, financial operations, and capital needs. • Funding Options Analysis - Victus analyzed comparable debt service and financing alternatives, and we recommended a project funding model for Saratoga Springs. ! � f ,77 XV DAD MILLER SPORTS COMPLEX ANAHEIM, CA MARKET STUDY & LAND ASSESSMENT FOR A 157-ACRE INDOOR/OUTDOOR MULTI -SPORT Anaheim COMPLEX IN ANAHEIM, CALIFORNIA (2018) Victus Advisors was engaged by Sports Anaheim, the sports marketing division of Visit Anaheim, to conduct a market study and land assessment for a new outdoor multi -sport complex to be developed on 157 acres in the City of Anaheim. The purpose of our study was to provide Anaheim's community stakeholders, including Sports Anaheim, Visit Anaheim, City of Anaheim, and Anaheim School District, with information to aid their understanding of the potential costs/benefits of sports complex construction that will both increase the sports tourism market and be a benefit to the local community. The market study also provided data that will support the ability to recruit, expand, or develop sporting events based on new facilities. Our initial vision for the complex, as shown below, includes a mix of outdoor rectangular fields and baseball diamonds, as well as other facilities that could include a track and field stadium, and other recreational uses. Victus Advisors' study identified the market -supportable mix of fields and amenities, as well as identification of usage levels by key user groups, proposed plan (including initial site and engineering analysis) for the 157 acre site, cost analysis of proposed facility construction and ongoing operational expenses, recommended funding options, economic and fiscal impact analysis, and a trends and forecast analysis of U.S. sports tourism. SPORTS COMPLEX & AQUATICS PARK STUDIO NORTHPORT, AL MARKET & FINANCIAL FEASIBILITY STUDY FOR A NEW INDOOR/OUTDOOR SPORTS FACILITY &I AQUATICS PARK IN NORTHPORT, ALABAMA (2021) Victus Advisors was engaged in 2021 by the City of Northport, Alabama (in Tuscaloosa County) to conduct a comprehensive feasibility study for the potential development of a multi -sport complex and aquatic park in Northport. Victus Advisors' primary project goals for this study include: • Market Demand Analysis - Determine market demand and market opportunity for a new multi - sport complex and aquatic park, for both local and regional use. • Facility Program — Develop recommendations for program needs and amenities that could be associated with a new multi -sport complex and aquatic park in Northport. • Site/Location Analysis — Identify potential sites for a new multi -sport complex and aquatic park that could both attract events and capture their economic impacts. • Financial & Economic Analysis - Estimate the financial, economic, and fiscal impacts that could be associated with new sports tourism visitation due to the proposed multi -sport complex and aquatic park. SPORTS WORLD EVENTS CENTER SALT LAKE CITY, UT OPERATING REVIEW & MARKET/FINANCIAL ANALYSIS FOR EXPANSION OF AN INDOOR SPORTS CENTER IN SALT LAKE CITY (2017) SPORTSWORLD EVENTS CENTER Victus Advisors was engaged in 2017 by a private youth sports ownership/investor group to assess the market viability and financial feasibility of improving/expanding an existing 26-court, indoor sports center in the Salt Lake valley to attract more youth basketball and volleyball tournaments. Victus Advisors' market and financial study tasks included analysis of previous major AAU volleyball and basketball tournaments organized in the Salt Lake area by the previous private management group, interviews with past and prospective sports center user groups, competitive local market analysis (including demographic and socioeconomic analysis and competitive facility analysis), and operating/financial projections for an improved and expanded facility. Based in part on the analysis conducted by Victus Advisors, the new ownership group chose not to invest in facility expansion. MULTI -USE INDOOR SPORTS CENTER SANTA CRUZ, CA MARKET/FINANCIAL FEASIBILITY STUDY & ECONOMIC IMPACT STUDY FOR A NEW MULTI -USE SPORTS CENTER— & BASKETBALL ARENA IN SAN CALIFORNIA (2016) SANTACRUZ Victus Advisors recently provided the City of Santa Cruz, California, with a market/financial feasibility study for a proposed new indoor multi -court sports center, adaptable into a 3,500-seat basketball arena, near downtown Santa Cruz and the beach front. Victus was tasked with assessing market demand for a wide variety of youth, amateur, and minor league professional sports uses, including youth basketball tournaments, youth volleyball tournaments, indoor soccer, NCAA basketball and volleyball (University of California, Santa Cruz), and basketball games for the NBA G League Santa Cruz Warriors, which is an affiliate that is owned and operated by the NBA Golden State Warriors. The City of Santa Cruz's primary goal for this sports arena project was to maximize the economic development impact for the City, and so Victus Advisors helped the City determine a scope and location for the facility that would drive the most out-of-town/sports tourism dollars, especially during the beach resort's off-season (October through April). Ultimately, we presented our final report to City Council in November 2016, including Market Demand Analysis, Demand Projections & Building Recommendations, Preliminary Site Analysis, Financial Operating Projections, Funding Options Analysis, Facility Management Recommendations, and Economic & Fiscal Impact Analysis. LEGACY CENTER FARMINGTON, UT MARKET/FINANCIAL FEASIBILITY STUDY FOR,. RENOVATION & EXPANSION OF THE LEGACY CENTER TO TARGET SPORTS TOURISM (2018-19) Davis COUNTY Victus Advisors was engaged by Davis County, Utah, in 2018 to study the current operations of the existing Legacy Events Center complex, and to analyze the opportunity for renovation and expansion of the complex to better meet evolving demand for new uses, primarily indoor and outdoor sports tourism activity. Our study was completed in October 2018, including: Clark Lane tacyEventsCenteccom 101) 451-4080 i East Grass LOt F Lot E w I L tkf _ West .� Grass x renLL� d ° 1F�c w;�e �o Legacy Events * : Ce ters, `+�. C a soa • Perform and provide a financial and economic impact analyses assessing market demand, evaluating current indoor center and expo buildings, existing outdoor venues, and future sports uses both indoor/outdoor. • Provide an analysis of the existing complex uses or potential market for proposed uses, including evaluation of current programming and options for other uses. • Identify current trends and existing market conditions as they relate to sports tourism, expos and trade shows, and other entertainment and recreational events; evaluate opportunities and constraints for future growth; and identify potential opportunities for vacant and underutilized buildings/sites. • Estimate project costs for all alternatives and options, including potential phasing. In 2019, Victus Advisors continued to advice the facility operators of Legacy Events Center, as well as new County Commissioners appointed at the beginning of the year, to understand future event options and opportunities, especially within the context of new private development proposals and public school sports facilities that are now under consideration. I NDOOR/OUTDOOR SPORTS PARK VACAVI LLE, CA SPORTS FIELDS PARK & FIELDHOUSE PRO FORMA & FEASIBILITY STUDY FOR THE CITY OF VACAVILLE, CA (2019) Victus Advisors provided the City of Vacaville's Parks & Recreation department with a comprehensive strategic planning study and master plan for a proposed new indoor/outdoor sports park to be owned and operated by the City's Community Services department, for both community recreation benefit and regional youth/amateur sports tournaments and competitions. Our key project tasks included: • Demographic & Socioeconomic Analysis • Community Engagement Process (One -on -One Interviews, Telephone Interviews, Focus Groups, etc.) • Local Program/Facility Analysis & Regional Facility Benchmarking Analysis • Facility Program Recommendations, Site Concept & Construction Cost Estimate • Operating Recommendations & Pro Forma • Funding Options Analysis & Economic/Fiscal Impact Analysis DESERET PEAK COMPLEX TOOELE, UT MARKET OPPORTUNITY ANALYSIS FOR REDEVELOPMENT OF DESERET PEAK COMPLEX AS A SPORTS TOURISM —� DESTINATION — TOOELE COUNTY, UTAH (2017) DESERET PEAK L A AL jm� Deseret Peak Complex is a 200+ acre complex that traditionally served as the Tooele County Fairgrounds. However, in recent years, the complex has begun to evolve towards a diversified multi -sport facility, including an aquatic center; outdoor sports fields (softball, baseball, soccer fields, other multi -use fields); indoor and outdoor horse arenas and race track; BMX, Motocross, and ATV tracks; a golf course; and an archery park. It has also served as the music festival site each summer for the Country Fan Fest, which draws nearly 100,000 people each year. In 2017, Victus Advisors provided Tooele County with analysis of the financial operations and utilization of the Complex, and made recommendations regarding future market opportunities for the facility. As part of a strategic master planning project for the Complex, Victus analyzed the current utilization and financial operations of the complex's venues and proposed a facility development plan for increasing sports tourism and music festival market opportunities, as well as the overall efficiency of use. Our final report that we presented to the County identified facility development and operational opportunities to help the County achieve both long-term recreational priorities and sports tourism/economic development goals. i itl♦ it � J -; Norm RmN I p i\�\ �CeY�¢e }i1�..■��91 ��# t]`i O� + x y 'a 4 } 111}l z rlea. } \ �il �.. Eenl PahN e.. }'t 4 \\.1(�' to—_�_� %[ a 7i yl.WfiS. � \ Nl� �y � � �, � � � � � � yam. �• i'� umruae aw mrerea `�,m � 3 v -.i 4rw LaraWl br � i � YJ /i Opportunities: - GreaCreates a unified site that is uninterrupted by a major hlghway Z. ,any r Constraints: • Requires aland swap �`, • Hinges Upon the implemenlali0n of the MidvalleyHighway __....----.._.__......--'.,.._.,......_.._.._._--- .___._.—:a... °, ODYSSEY SPORTS & WELLNESS CENTER MONTEREY, CA MARKET STUDY FOR A SPORTS -ANCHORED, MIXED -USE, P3 DEVELOPMENT PROJECT IN MONTERREY, CALIFORNIA (2017) nmw" sports + wellness center In 2017, Victus Advisors was engaged by a private development team to conduct market demand analysis and develop program recommendations for a proposed 150+ acre, mixed -use development to be constructed on publicly -owned land near Monterrey, California. The sports and wellness complex would be anchored by youth/amateur sports activity such as soccer, baseball, softball, sand volleyball, tennis, track and field, and aquatics, and feature additional hospitality amenities such as hotel, spa, retail, restaurants, etc. Victus Advisors analyzed the local and regional demographic and socioeconomic profiles of the marketplace, profiled competitive youth/amateur sports facilities operating within the regional market, and reviewed the preliminary development program and operating revenue/expense models created by the developer as part of their initial P3 development proposal. Ultimately, we delivered data -driven recommendations for several site development options that could maximize both overall usage and operating profitability. VIRGINIA BEACH SPORTS CENTER VIRGINIA BEACH, VA INDOOR SPORTS CENTER FEASIBILITY STUDY AND V I RG I n I A FACILITY OPERATOR EVALUATION FOR THE CITY BEACH OF VIRGINIA BEACH, VIRGINIA (2016-17) (E)LIVE THE LIFE VBSPORTS. COM In 2016-17, Victus Advisors provided the City of Virginia Beach's Sports Marketing unit with a series of studies/analysis of their sports venues and sports marketing opportunities, including indoor court sports (basketball, volleyball, etc.), outdoor field sports (baseball, softball, soccer, etc.), and other participatory sporting events such as track and field, aquatics, etc. Initially, we assessed both the local sports community and regional/national sports tourism markets to identify opportunities and strategies for increasing Virginia Beach's market potential for sports tourism. Ultimately, we recommended sports facility upgrades, a new indoor sports center, public -private partnerships, sports facility operations models, sports tourism organizational structure, and sports tourism marketing/branding strategies. Based on the market feasibility results, we subsequently developed a financial feasibility analysis and visitor economic impact projections (including hotel nights) for an indoor sports center, conducted additional market analysis related to the potential inclusion of a hydraulic indoor track, and assisted the City with evaluating private operator proposals for the facility. The Virginia Beach Sports Center opened in October 2020 and is a nearly 300,000 sf, $60 million, state-of-the-art sports tourism facility: www.virginiabeachsportscenter.com A copy of our feasibility report is available at the following link: https://www.vbgov.com/government/departments/finance/SiteAssets/Pages/purchasing/VictusA dvisors_VABeach_FeasibilityStudy_FINAL.PDF P3 INDOOR SPORTS CENTER EUCLID, OH A MXIlEC A N MARKET STUDY & PROGRAM ANALYSISNIPt FOR A PROPOSED P3 INDOOR SPORTS CENTER IN EUCLID, OHIO (2015) r SPORTS CENTERS In 2015, Victus Advisors was engaged by a private real estate developer and facility operator team to provide an in-depth market demand analysis and facility program recommendations for a proposed new indoor sports center outside of Cleveland that would be a public -private partnership between the City of Euclid, Providence Park Development, and American Sports Centers. Victus Advisors' market feasibility study approach included demographic and socioeconomic analysis, comparable venue analysis, one-on-one interviews with leaders of local youth/amateur sports organizations, and online surveys with members/participants of local amateur sports leagues/organizations. Based upon the results of our primary and secondary market research, project architects designed and costed a facility layout and building program (as shown below) that would be market -supportable in suburban Cleveland. Our independent third -party recommendations are currently being utilized as a key component of the public -private development plan between Providence Park Development and the City of Euclid. t hI IW_I 191 ICI ON' ffil L-Will SRI! r VNIN WIN riftell 0111 bo 26e'-6' 1 132-u' 1 aso'-a` INDOOR SPORTS CENTER STUDY WILLIAMSBURG, VA INDOOR SPORTS CENTER MARKET C,TYOr FEASIBILITY STUDY FOR THE CITY WILLIAMSBURG OF WILLIAMSBURG, VIRGINIA (2021) / VIRGtlNIA'S COLONIAL CAPITOL Victus was engaged by the City of Williamsburg's parks and recreation department as a sports facility consultant, with key tasks including an update of an existing sports/recreation complex market study, as well as other sports facility recommendations, plans, and collaboration. The City of Williamsburg has been part of many years of effort and consideration regarding a regional sports facility, and in the latest step the City has awarded funds and identified a site for construction of such a facility. Victus Advisors' project goals for this study include an Updated Sports Facility Market Study, Sports Tourism Facility Recommendations, Regional Programming Plan Review, and Sports Tourism Marketing Recommendations. PiTV, ) tit gh ar r+s• 17u r,7 TrI MSAs*with 500k+ Population MSAs with 500k+ Population bus _ Oiftll Within a 2.5-hour Drive Within a5-hourDrive (Cont.) Virginia Beach, VA MDurham-Chapel � pel Hill, INC MSA © 1,802,762 - 655,703 a Richmond, 7583,44 V MSA HarrisM A SA hington MSAs with 500k+ Population ® Lancaster, PA MSA ® Within Drive 552,587 1 � � w� �1 Washington DC MSA Fayetteville, INC C SA 6,298,330 526,661 ar`.p Philadelphia, PA MSA \�. 6,191, 755 Baltimore, MD MSA Gharlesto 2,840,181 11 ' ' �sb �0/ Charlotte, INC MSA 2,685,444 Raleigh, INC MSA 1,417,213 r j Greensboro, INC MSA 777,265 Cotlmhi., O Winston-Salem, INC MSA _••• 692,388 Source. Esri There is a population of over 5.5 million people*METROPOLITANSTATISTICALAREA (MSA) within a 2.5-hour drive time of Williamsburg and over 25.6 million people within a 5-hour MSA's are defined by U.S. Office of Management & Budget as drive time of Williamsburg, to potentially draw adjacent counties with high degree ofsocia//economic integration with urban core of 50, 000 people or more. from for sports tourism events. INDOOR SPORTS COMPLEX GREENDALE, IN MARKET & FINANCIAL FEASIBILITY STUDY FOR A NEW INDOOR SPORTS CENTER & RECREATION City of Greendale COMPLEX OUTSIDE OF CINCINNATI (2021) Indiana Victus Advisors was recently engaged by the City of Greendale's Redevelopment Commission to conduct a market and financial feasibility study for a new indoor (and possibly outdoor) sports center. Greendale is a small city of approximately 4,500 people in Southeast Indiana, located just 30 minutes from downtown Cincinnati, Ohio, on the west bank of the Ohio River. The initial vision for the facility includes indoor artificial turf fields for year-round local and regional recreational use, however Victus is also tasked with assessing the opportunity for volleyball/basketball courts, outdoor sports fields, and ancillary amenities to help drive sports tournaments and capture economic impacts (hotels, retail, restaurants, family attractions, etc.). We recently kicked off our study with stakeholder interviews, local user group interviews, and a project site tour in Greendale. Our feasibility report is due by the end of May, and will include market demand analysis, facility/program demand recommendations and planning needs, financial operating projections, management options analysis, among other analysis. ALL SPORTS VILLAGE WINDSOR LOCKS, CT MARKET STUDY FOR THE ALL SPORTS VILLAGE INDOOR/OUTDOOR SPORTS COMPLEX IN WINDSOR LOCKS, CONNECTICUT (2020) FALL SPORTS VILLAGE Victus Advisors was engaged by JABS Sports Management to conduct a market study for All Sports Village (ASV) in Windsor Locks, Connecticut (pop. 12,500). ASV will include both indoor and outdoor sports venues, including a 150,000 sq. ft. indoor artificial turf facility with both full- sized and smaller synthetic fields for indoor soccer, flag football, and training; and a 200,000 sq. ft. indoor court facility with 20 basketball courts (convertible to up to 40 volleyball courts). The study was requested by MuniCap, Inc., for inclusion within a Limited Offering Memorandum in conjunction with the sale of special obligation bonds for the Town of Windsor Locks to finance certain construction costs associated with the ASV project. The Offering Document will be provided to buyers and potential buyers of the bonds and will supply them with information to rely upon in making their purchase decision. Victus Advisors provided a market study that included the following key components: • Demographic and socioeconomic analysis, including site/market-specific location analysis • Local sports market competitive analysis (local use) • Regional sports market competitive/comparable venue analysis (regional and national events) • Identification of potential sports user groups and markets, locally/regionally/nationally • SWOT analysis identifying competitive sports market advantages/disadvantages • Analysis of initial usage, pricing, and financial projections provided by the developer P3 INDOOR SPORTS EVENTS CENTER GAI NESVI LLE, FL MARKET DEMAND STUDY & LOCATION ANALYSIS FOR A NEW P3 SPORTS EVENTS CENTER IN ALACHUA COUNTY, FLORIDA (2019) 4.3 2018 — Victus Advisors was initially engaged by Alachua County, Florida, to prepare a market demand analysis and site options analysis for a potential new indoor sports events center. The results of the study envision that the sports events center will seat at least 3,000 spectators and be a multi -purpose, flexible and functional space that will accommodate not just sports tourism events, but also graduations, trade shows, and expos. The recent renovations to the University of Florida's O'Connell Center saw the loss of the region's only indoor track, and so in addition to flat floor space and sports courts, the facility will also include a banked indoor track that will draw events and visitors from throughout the southeastern region. Our Phase I report is available here: httDS://alachuacofl.civicclerk.com/Web/Gen File. asbx?ad=18570 2019 - Victus was engaged again by the County in 2019 to analyze financial and economic factors, and to help establish a public -private partnership between the County and Celebration Pointe, a private mixed -use development that we identified as the preferred location for the long-term success of a new sports center. Victus met with the developer to begin establishing ownership, governance, and operational parameters for the sports venue, and then Victus developed independent recommendations and estimates for facility management options, annual usage projections, facility operating pro forma, and sports tourism impacts (direct spending, total output, jobs, wages, hotel nights, and tax revenues). Our Phase II report is available here: httD://alachua.leaistar.com/aateway.asDx?M=F&I D=549b959d-5cad-412b-be56- 567cf1940fb7.pdf ♦, % U M* F] 9 P3 INDOOR SPORTS CENTER HENRICO COUNTY, VA µE 143. ■w MARKET & FINANCIAL FEASIBILITY STUDY `4��, FOR A NEW P3 INDOOR SPORTS CENTER IN ; �rr.1 MEE HENRICO COUNTY, VIRGINIA (2019-20) General Contractors �MErs,Wo In November 2019, Henrico County selected a team led by Rebkee Development to design, build, and operate a new indoor sports, convocation, and events center via public -private partnership (P3) outside of Richmond, Virginia. Subsequently, Victus Advisors prepared the initial market and financial feasibility study for the project on behalf of MEB and Rebkee for delivery to the County. Rebkee owns the Virginia Center Commons mall in Glen Allen, which is the chosen site to build the 4,500-seat, 220,000-square-foot arena on about 25 acres of the mall's 94-acre footprint. The Henrico Board of Supervisors voted unanimously to authorize the public -private project, and the County has allocated $50 million to purchase the 25-acre site and pay for the venue's construction, but the private team would build the facility and contract with a management company that would manage it and keep revenue from its operations. The Henrico Economic Development Authority is selling bonds to finance the County's obligation. The Sports & Convocation Center will become the new anchor of the mall site, and the owner/developer of the mall also plans to work with Shamin Hotels to build a hotel at the site and create other entertainment and retail options there as well. P3 INDOOR SPORTS EVENTS CENTER NORTHERN VI RGI N IA MARKET, FINANCIAL & ECONOMIC FEASIBILITY STUDY FOR A P3 SPORTS & EVENTS CENTER IN NORTHERN VIRGINIA (2019) Victus Advisors was recently engaged by a private development team to prepare a preliminary market demand study, financial operating projections, and economic impact analysis for a potential public -private partnership (P3) with a County in Northern Virginia (suburbs of Washington, DC), to design, build, and operate a new multi -use sports and events center that is intended to meet the following local, regional, and national demands for not just the Washington, DC, market, but also surrounding tourism drive time zones: • Indoor Banked Track Championships • Multi -Court Basketball/Volleyball Tournaments • Local/Regional Graduate Ceremonies & Other Civic Events • Trade Show & Expo Uses Our draft report was completed in May 2019, and the private development team is currently using our findings and recommendations as a key component of their development proposal and P3 negotiations with the County. mmq= chor' 'r D F',McI�7hYa 'J r r=iul L)r Ivr` "�""�r " ❑ 5 Hour Drape MSrtis w0h 500k+ Poouiabon 4 c5'l r l t..1 C E. .F 1r,iA 2.841, 53 Pichrnnnd '_ W l.r 14&s nnth 5wk+ Populdti(xi Philadelp•i a MSA 6.162 : - Pittsburg^. I 2 Virginia 8eac- ,'4 MSA 1.763,` i Raleigh, NC MSA 7.358,294 Wk ,nth 500k+ PoWabon wnr,in a 5 i" Drive (ood] .= NIS' 767.857 Durham -Chapel Hill. NC MSA 578.623 Harrisburg. PA MSA 57G.957 Scrantorrllhlkes-E.arre. PA MSA 565.041 Lancaster, PA MSA 546,551 P3 INDOOR SPORTS CENTER WAKE COUNTY, NC PUBLIC -PRIVATE PARTNERSHIP ADVISORY & INDOOR SPORTS CENTER FEASIBILITY STUDY IN WAKE COUNTY, NC (2017) In 2017, Victus Advisors provided a private investment group in Wake County, North Carolina, with P3 advisory services and a detailed market demand and financial feasibility analysis for a new indoor sports center that could be a public -private partnership with a local municipality. Victus Advisors completed the following tasks: Conducted an indoor sports facility needs analysis and market demand assessment for Wake County. Set up and executed introductory public -private partnership meetings with three local municipalities within the County . Completed financial projections and public -private funding models for the P3 project. Our research and analysis was a core component of both equity investment funding for the private client, and demonstrating community need and benefits to the municipal partners. MSA's with 500k+ Population W thin a 3- Chartoes MSA pop. 2.428.363 VA Bench-Nodolk MSA 1.726.131 RichawrO MSA 1.271.334 Cok,mbsa MSA. 810,068 Greensboro MSA 752.157 Winston-Salem MSA 659.330 Durham MSA 552.493 mcwrr.s, Esrc, OflFrrcrV'A&wvh?ernrvM and Bod9eq Within an approxsmatelythree- hraur drive there are seven large markets ranging from South Carohna to Virginia that could be attractive targets for overnight/mufti-day tournaments SPORTS FACILITIES MARKET STUDIO COLUMBIA, MO AMATEUR SPORTS MARKET/FACILITY STUDY co AND STRATEGIC PLAN FOR THE COLUMBIA, MISSOURI CVB (2014) COLUMBIA, MO WHAT YCU UNEXPECT In 2014, Victus was engaged by the City of Columbia, Missouri's Convention & Visitors Bureau (CVB) and Parks & Recreation department to conduct a sports market/facility assessment and develop a strategic plan for implementation of a Sports Commission. We presented our findings and recommendations to Columbia City Council on November 3, 2014. Our study had four primary goals: 1. To assess the market for both local sports usage in Columbia/Boone County, and amateur sports tourism (youth, amateur adult, adaptive) in the region and state. 2. To analyze the usage, operations, and capabilities of the current amateur sports facilities and complexes located in Columbia/Boone County. 3. To identify opportunities for Columbia to both address local needs and also increase their market for a variety of regional sporting events, through new or upgraded facilities, project funding strategies, and customized marketing/communications strategies. 4. To assess the feasibility of creating a new Sports Commission to strengthen existing sporting events, attract or develop new events, and assist with funding. This study took approximately four months to complete, and included a mixture of: • Local market analysis, • Comparative market analysis, • Public engagement, • Interviews with sports events and national governing bodies, • Facility demand analysis, • Funding analysis and economic and fiscal impact projections, • Marketing/branding review, and • Feasibility analysis for a regional Sports Commission/Board. Our final deliverable was a detailed road map with specific recommendations for increasing sports tourism in Columbia through facility development, project funding strategies, marketing/branding approach, and a dedicated sports advisory board. As a result of our study, Columbia Sports Fieldhouse (shown above) opened in 2019. INDOOR TRACK & SPORTS CENTER DELAWARE MARKET, FINANCIAL & ECONOMIC FEASIBILITY STUDY FOR A HYDRAULICALLY -BANKED INDOOR TRACK & D'__1DD MULTI -USE INDOOR SPORTS CENTER (2020) Victus Advisors is currently providing Indoor Track Delaware, with project funding support from the State of Delaware, with a comprehensive feasibility study for a new indoor track and multi- use sports center in the State of Delaware. Indoor Track Delaware is a nonprofit dedicated to raising awareness for the need of an indoor track in the diamond state. Comprised of coaches, parents and concerned citizens, Indoor Track Delaware believes such a venue will address the unmet demand of high school track athletes and local college teams, as well as attract sports tourism dollars from the Mid -Atlantic region for a variety of other indoor sports (basketball, volleyball, wrestling, cheer, etc.); and provide the flexibility to promote community health and well being for Delawareans of all ages. Currently, to compete in the regular season, boys and girls from upstate and downstate are driven to venues in Maryland, Pennsylvania, Virginia and New York. Hundreds of Delaware indoor track athletes spend their winter weekends rising well before dawn, spending hours on buses riding up and down the east coast. For meets midweek, athletes miss class time as they are pulled out of school early. After conducting research and meeting with stakeholders regarding how a 200 meter, hydraulic banked, six lane indoor track could impact Delaware, Indoor Track Delaware took the next step is to raise money for a feasibility/market demand study from Victus Advisors that will provide a sports tourism inventory and market assessment report; along with a market demand analysis that provides economic impact projections. INDOOR TRACK DELAWARE SPORTS TOURISM MARKET OPPORTUNITY cumberIanc� ANALYSIS & SPORTS COMPLEX FEASIBILITY CUMBERLAND AREA STUDY — CUMBERLAND COUNTY, PA (2017) ECONOMIC DEVELOPMENT VISITORS BUREAU ` CORPORATION Victus Advisors was engaged in 2017 by the Cumberland Area Economic Development Corporation (CAEDC) to conduct an independent analysis of Cumberland County's sports tourism venue and sports market opportunities. Cumberland County is the fastest growing County in the Harrisburg -Carlisle metropolitan area, with a population of more than 250,000 people. CAEDC, which serves as both the economic development agency and the visitors bureau for the County, was considering an aggressive move into the sports tourism industry. They selected Victus Advisors to help them research and plan for sports tourism opportunities and facilities. Our project goals for this study in Cumberland County included: • Engaging local sports community stakeholders and sports facility user groups to assess the strengths and weaknesses of the local Cumberland County sports market. • Assessing the strengths/weaknesses of the County as a regional sports tourism destination. • Identifying and recommending potential improvements to Cumberland County's current sports facility and sports tourism hospitality inventory. • Recommending the type and location for sports venue development in Cumberland County. • Estimating the potential economic and fiscal impacts of sports venue development. In June 2018, based on the results v I c T U s SPORTS COMPLEX FEASIBILITY METHODOLOGY of our study, CAEDC announced plans for an indoor/outdoor sports complex with 8 indoor courts, 8 outdoor fields, and an on -site hotel and brewpub. 1. MARKET STUDY & SPORTS COMMUNITY ENGAGEMENT 2. INTERIM REPORT 3. FACILITY UTILIZATION & FINANCIAL OPS. 4. FACILITY DEVELOPMENT & OPERATIONS ROAD MAP D a Sorts Stakeholder Community Focus Groups Sports Facility Program Demand INTERIM REPORT Utilization Estimates Financial Projections Economic & Fiscal Impacts Location Project Management Marketing & Analysis Funding &Operations Communication Analysis Analysis Recs. INDOOR SPORTS CENTER PALMER, MA MARKET FEASIBILITY ANALYSIS FOR A PROPOSED ; INDOOR SPORTS CENTER AND DESTINATION RESORT f IN PALMER, MASSACHUSETTS (2017) In 2017, Victus Advisors provided a real estate developer and the Town of Palmer, Massachusetts (just East of Springfield along the Mass Pike), with a market study for a proposed sports, water park, resort, and spa development on more than 300 acres outside of Springfield. Our analysis focused on the sports complex components of the project, in particular a proposed indoor multi -sport center that would be operated as a sports tourism venue, driving regular weekend visitation and hotel nights via basketball, volleyball, and hockey tournaments. Our report included demographic/socioeconomic analysis, regional tourism analysis, a review of comparable indoor sports facilities and projects successful in similar communities, and preliminary assessment of market potential for a new indoor sports center. Victus Adivsors' analysis was a key component for helping establish public -private partnerships between the developer, the Town, and the State. The developer and the Town publicly announced the project in September 2018, however the project has not yet broken ground, as the funding model is dependent on State grants that have not yet been approved. I n v � �" �*" "` ''�Y t i _ � "... �5�.✓a'.1, ROADMY IMIPH(7YEAIEMTS 7- SPA 4 UORESTAURANTS 5 INIOURWATER'PARW a h. ACTONRIYIA&AMENITY I K 7 TNOi7 OHOCKEY ANC) BASKS TBAU T B PAMNGwwAGE r J J 9 BRILXE VVITH BEACH VtXLEYMI_ 10. pE3IXX)R54K.M'I' U)PPOR T FWlt IIN+ICa �w .�^t,`"° •413.8 - 1t1t.Mt5f'lXllSEtul,Nl.I �J a j SE EIAl l C I r I,Iz' I I ' � � 14 TOWNWA)S 5 y F � C '�' �" �" 15. RMEW4IY B4 pG & Pt7(8 ay i ,.. .^' •rt T ^ � �, `� ,,. L (� % -' IK. SCX LERI4WKEV LN,E K,%J'T(M347R FIE TV - ,' .✓ -; P �, 17.I+YxEEkUiI0UTtXX) 11Fl M INDOOR SPORTS CENTER SHREVEPORT, LA SHREVEPORT-BOSSIER SPORTS TOURISM OPPORTUNITY ANALYSIS & INDOOR SPORTS CENTER MARKET STUDY (2020) c u M •1 6 6 1 0 N Victus Advisors recently provided the Shreveport -Bossier Sports Commission with an Indoor Sports Facility Market & Opportunity Analysis. The Shreveport -Bossier City area already begun benefits from outdoor youth/amateur sports tourism, with the Sports Commission in 2019 generating over 37,000 room nights and 260,000 visitors to the area. With the development of a multi -court indoor sports center, the Sports Commission intends to significantly increase sports visitation and drive additional economic impact. Victus' primary project goals included: • Market Demand Analysis - Determine market demand and market opportunity for a new indoor sports center, for both local and regional use. • Facility Program Demand — Develop recommendations for program needs and amenities that could be associated with a new indoor sports center in Shreveport -Bossier. • Location Analysis — Identify potential sites for a new indoor sports center that could both attract events and capture their economic impacts. We presented our study findings in February 2020 to the Sports Commission Board, the Shreveport -Bossier Convention & Tourist Bureau, the City of Shreveport, and Bossier Parish, among others. Next steps will include assisting the Sports Commission with establishing a public -public partnership for the new indoor sports center and providing guidance regarding potential facility operating models and financial/economic impacts. INDOOR SPORTS CENTER WEST MONROE, LA MARKET, FINANCIAL & ECONOMIC FEASIBILITY STUDY W MO R'a FOR AN INDOOR SPORTS CENTER & INDOOR L4 ,iT—side lines TRACK IN WEST MONROE, LOUISIANA (2019, 2021) N «E Victus Advisors provided the Monroe -West Monroe CVB with a comprehensive market/financial feasibility analysis and economic impact analysis for a new indoor sports center intended to meet market demand for both youth/amateur sports tourism and local sports user groups. Our study tasks included: • Analyze present and future market demand for local, regional, and national sports • Analyze opportunities for shared operations and usage with adjacent public venues such as the Ike Hamilton Expo Center (shown below) • Analyze regional and national sports tourism and facility trends • Develop utilization estimates and financial projections for the facility • Estimate the economic and fiscal impacts of sports tourism generated by the facility • Analyze both public debt service and private funding alternatives • Evaluate options for the on -going operations and management of the facility We presented our report to the CVB's Board of Directors in Fall 2019, and the City of West Monroe is currently moving forward with site analysis and architectural designs for the proposed sports center. In 2021, Victus was engaged again by the CVB to examine the market potential for an additional indoor banked track to be added to the building program. µ ATHLETIC PERFORMANCE & RESEARCH CENTER KNOXVILLE, TN ;T CUC MARKET &FINANCIAL FEASIBILITY STUDY FOR "I "� A NEW INDOOR/OUTDOOR SPORTS COMPLEX ?+ THE UNIVERSITY OF & ATHLETIC RESEARCH CENTER (2017) TENNESSEE T� � KNOXVILLE Axcr , Victus Advisors recently provided the University of Tennessee with a market/financial feasibility study for a proposed youth sports complex and sports research/performance facility at the University's Center for Athletic Field Safety, which would be a joint project with Blount County. Our study included demographic and socioeconomic analysis, market demand analysis, comparable facility benchmarking, building program recommendations, operating estimates and financial projections, funding options analysis, economic impact estimates, site analysis, and preliminary concept designs. The facility is envisioned (as shown in the concepts below) to be a functioning indoor/outdoor amateur sports complex, located on University property and operated by an experienced 3rd- party sports facility manager, and it will also serve as a "living lab" for university researchers to analyze field safety, bio-mechanics, athlete performance, etc. MOUTH/AMATEUR SPORTS FACILITIES FORT WAYNE, IN AMATEUR SPORTS FACILITY & MARKET FORT WAYNE OPPORTUNITY STUDY FOR THE CITY PARKS AND OF FORT WAYNE, INDIANA (2013) MA RECREATION In 2013, Victus Advisors provided the City of Fort Wayne, Indiana, with an analysis of their indoor and outdoor amateur sports and recreation facilities. The goals of the study were to identify sports market growth opportunities, recommend future sports facility needs, and suggest ways to attract new regional sports event activity. Our key study components included: • Community Facility & Existing Market Assessment: • Local market analysis, including demographic/socioeconomic analysis, facility inventory, and major event interviews and profiles. • Comparative market analysis of comparable cities with similar populations. • Comprehensive public engagement process, including one -on -on interviews, focus groups, public meetings and e-mail surveys. • Sports marketing/branding analysis, including industry trends and benchmarking. • Market Potential Study: • Market opportunity analysis to identify event types best suited for Ft. Wayne. • Facility recommendations necessary to attract events identified in the study. • Economic and fiscal impact analysis - jobs/wages, taxes, and hotel nights. • Sports marketing and branding recommendations. • Final Report & Implementation Recommendations: • Facility recommendations, including opportunities for renovation and new construction, as well as potential public -private partnership opportunities. • Sport -specific recommendations to leverage the City's existing strengths. • Assessment of risks/rewards and suggested next steps. ADAPTIVE SPORTS CENTER FORT WAYNE, IN P3 INDOOR SPORTS CENTER MARKET ANALYSIS & FINANCIAL FEASIBILITY STUDY FOR THE AMAIN AWS FOUNDATION IN FORT WAYNE, IN (2014) FOUNDATION lllulld dtllovOA ubow dl,+ohriiiwc . The AWS Foundation is a non-profit 501(c)(3) organization based in Fort Wayne, Indiana, that envisions a community in which people with lifelong intellectual and physical disabilities are engaged fully and meaningfully in all aspects of community life. Together with like-minded community partners, the AWS Foundation helps children and adults with enduring intellectual, developmental, and physical disabilities live as independently as possible, be included in the community and function at their highest potential. In 2013, Victus Advisors was engaged by the AWS Foundation to provide a comprehensive feasibility study of a potential new multi -stakeholder, public -private sports center in Fort Wayne. AWS Foundation's vision for the sports center included the following potential tenants and programs: regional/national sporting events for athletes with physical & intellectual disabilities (Special Olympics, Paralympics, etc.), daily training programs for athletes with physical disabilities (Turnstone), job programs within the facility for people with physical and intellectual disabilities, and local minor league, collegiate, or high school basketball games. Over a 3-month period, Victus Advisors studied the market, financial, and economic feasibility of this multi -stakeholder operating model. Ultimately, Victus Advisors recommended to the AWS Foundation's Board of Directors that the proposed multi -stakeholder model would not be financially feasible if Paralympic/Special Olympic programs were expected to be the primary source of rent. Based on Victus Advisors' research and analysis, The Board chose to table the project rather than risk an annual financial burden that could have reached as much as $500,000 a year in facility operating subsidies. Turnstone has since raised private funds and built their own on -campus sports facility, shown below. \1\ V I CT US A D V I S 0 R S SECTION 2 C. Similar Work �` EAPC - Recreation tr M SIMILAR WORK EAPC ENERGY WELLNESS CENTER Beulah, North Dakota Born from a shared vision and determination, in true community collaboration, members from the Beulah Park District Foundation, City of Beulah officials, and dozens of supporting businesses and volunteers came together to create this great amenity. Community had outgrown previous facility and experienced an increasing demand for fitness and activity space Beulah Park District, EAPC, and OLC illustrated and planned the building program, addressing the following needs: - Public lounge with welcoming entrance - Comfortable locker rooms - Gymnasium accommodating basketball, volleyball, and pickleball - Racquetball court - Walking/running track - Group exercise studio - Golf simulator - Fitness space with strength training and cardio equipment - Community space with catering kitchen for meetings, gatherings, and leasable space for health & nutrition presentations - Youth room - Park District administration space SIMILAR WORK EAPC (CONT.) ENERGY WELLNESS CENTER (cunt.) Community showed its support through approving a sales tax increase to provide the resources for its construction Arrangement of spaces allows for separate functions to occur simultaneously and provide a clear path through the building, simplifying wayfinding Design is centered on connection to the community, outdoor space and environment, and to the activities within Building showcases activity and movement by using large window systems and creating openness, welcoming and encouraging passersby to come inside participate Located on the north hillside of the valley, the city and surrounding landscape are in full viewwhile running on the treadmill Site and landscape allow for future opportunities, such as serving as a node along a city trail system, planned outdoor play areas, and the potential for a future park East side of the site is bordered by a dry creek and hillside where natural plantings reduce the impact of storm water drainage SIZE 26,610 SF CONSTRUCTION BUDGET / COST $5,877,047 / $5,857,466 COMPLETION 2018 FIRM'S ROLE Architecture, Interior Design, Structural, Mechanical, Electrical Engineering, Construction Administration REFERENCE Beulah Park District Sonja Dutchuk 701.873.5852 sdutchukbpd(a)westriv.com SIMILAR WORK EAPC (CONT.) M I N OT AREA YOUTH SKATERS ARENA (MAYSA) PEPSI ARENA Minot, North Dakota The youth skating programs in Minot experienced a large increase in participants and as a result, an additional indoor ice sheet was needed at the Minot Area Youth Skaters Arena (MAYSA). • The initial focus of the project was the creation of planning documents and conceptual renderings to define the general character of the building to support on -going fundraising efforts • The conceptual plans included two options: a large 1,900 seat venue for the new rink #3 with limited improvements to the existing rink #2, or a smaller 500 seat venue for the new rink #3 along with more extensive improvements to the existing rink #2 to increase its fixed seating capacity to 1,900 seats and minimum total paid attendance of 2,200 • Rink #3 and its support areas included multiple varsity - level locker rooms, a LED lighting system that can be controlled in accordance with each event, as well as a sound system selected based on the system cost and performance • Included a sport -specific training institute, lobby space, offices, concessions area, expanded toilet rooms, and multipurpose rooms for community use added to the project after a generous donation was made by the Minot Community Foundation • A dedicated ice rink refrigeration system with beneficial heat recovery, and a dedicated ice resurfacing machine was part of the infrastructure of rink #3 • Prior to executing this project, EAPC executed the design and construction of a mezzanine within the existing Tillie Eck rink as a connecting link that provides an ADA- compliant walkway between the main lobby and the planned 3rd sheet SIZE 52,000 SF COST $11,300,000 COMPLETION 2016 FIRM'S ROLE Project Management, Planning Budget & Cost Estimating, Engineering, Architecture, Building Code Review SUBCONSULTANTS B32 Engineering (formerly Stevens Engineers): Ice Rink Refrigeration Design, Ice Rink Equipment Specifications, Quality Control Review 292 Design Group: Planning & Design REFERENCE Minot Area Youth Skaters Association Brent Mattson, Building Committee Past Chair 701.852.3711 Jarrod Olson, Arena Manager/Director of Operations 701.857.4136 jarrodCa)minotparks.com ?Z IS Wl -mow NNW= M UIL J V/\ M, SIMILAR WORK EAPC (CONT.) SANFORD-YMCA FAMILY WELLNESS CENTER Bismarck, North Dakota The Sanford -YMCA (SanY) Family Wellness Center is a joint project between Sanford Health and the Missouri Valley YMCA. This 50,235 SF facility includes a two -court gymnasium with perimeter walking track on second floor, court striping for basketball, volleyball, and pickleball, open fitness floor and free weight areas with fitness assessment room, two group exercise studios, a cycling studio, changing rooms and men's/women's locker rooms with steam saunas, a 2,078 SF Sanford Physical Therapy Suite with exam and massage rooms, child watch drop-off room, two child care rooms totaling 2,407 SF for preschool and after school learning, and administrative and facility support spaces. With a growing Bismarck -Mandan population there was a need for more child care and fitness amenities in the area. Sanford Health was also looking to relocate a physical therapy clinic. The design incorporates these needs on the edge of a largely residential area of Mandan. The placement of the building on the site also allows for future expansion of gymnasium space to the north and additional fitness space to the south. Exterior walls are precast panels, metal panels on CMU, and brick or EIFS on metal stud walls. A glass curtain wall system is the main entrance with a 41' tall clerestory space for an exciting and uplifting entry condition. The clerestory windows and ribbon windows around the building optimize natural light and outside views. Interior walls are metal stud with gypsum board, precast interior gym walls, and burnished block walls around the locker rooms. Exposed structure and mechanical systems are visible in the second floor fitness areas to maximize ceiling heights. As you enter the building to a main control point, you are led either to the calming Physical Therapy Suite, engaging child care rooms, or to a variety of exercise spaces with views in all directions. The fitness floor is filled with natural light and exterior views for an enjoyable fitness experience. The walking track was an important feature to provide more opportunity for year-round physical activity to all ages, with full height exterior windows and interior windows for a visual connection back to the open fitness floor. The Group Exercise and Cycling studios have natural light, while the Mind/Body studio is enclosed for a more intimate and focused space with multiple lighting control options. SIMILAR WORK EAPC (CONT.) SANFORD-YMCA FAMILY WELLNESS CENTER (cont.) Located on land provided by the Mandan Park District, the center is adjacent to scenic walking trails and the Raging Rivers Waterpark. The land for the project was previously a miniature golf course and go-cart track that had been closed and unused for years. The site is highly visible with frequently traveled roads on three sides, so it was important that every side of the building be pleasing to the eye and create interest from multiple viewpoints. The use of different materials allowed for a durable and playful exterior with different colors, textures, and relationships to each other. For the interior, a palette of soft and neutral colors were used to avoid visual distractions and to allow fitness murals and local imagery to be showcased on the walls. The finishes and colors create a refined, clean look while allowing the beautiful outside views (of nature) to be a focal point. This project gave life to a desolated piece of land and reconnected the site with the surrounding community. The design maximized the use of space to allow for all needs to be met at a square footage that was on budget. It has a prominent location that has become a wayfinding landmark in the area. Bidding and Construction Management provided by an outside construction management source. SIMILAR WORK EAPC (CONT.) CHOICE HEALTH & FITNESS Grand Forks, North Dakota Funded 100% by private donations, this facility integrates fitness, medical and behavioral health, nutrition, arts, recreation, and research under one roof. • RECREATION SPACES — 44,665 SF tennis facility with observation deck — 14,400 SF gymnasium housing two full-size basketball courts — 12,145 SFaquatics area with a zero -depth entry pool, play features, lazy river, three lane lap pool, and two 25-foot water slides, totaling 6,792 SF of water surface area — 14,830 SF of open fitness areas — Four group exercise rooms ranging from 1,092 SF to 1,921 SF — 1/7 mile indoor running track • AUXILIARY SPACES — 3,500 SF each male and female locker rooms with 200 lockers — 4,500 SF lobby featuring a deli, retail store, and two party rooms — 1,745 SF of dividable meeting space with storage and kitchen — 2,250 SF child care area, known as the Kids Zone — 850 SF of space for the USDA's Human Nutrition & Research Center — 11,800 SF of space for Altru Health System's Center for Prevention & Genetics and Truyu Aesthetic Center • The facility's design and thoughtful planning of spaces enhance the community's ability to accomplish their mission to inspire greater community health and happiness • The diversity of stakeholders is expressed in the interior and exterior architecture while tying into the surrounding context • This strong visual anchor honors Grand Forks' history through architectural forms such as pitched roofs, simple slopes, a combination of precast concrete, metal panels and glass on the exterior, and the use of earthy colors and warm tones on the interior • The glass wall of the aquatic center creates a sense of anticipation at the entry, and the sweeping expanse of the atrium spine welcomes members and visitors with many exciting visual cues • The strong axial element that cuts through the building organizes program spaces, infuses interior daylighting deep within the building, and provides circulation and wayfinding SIMILAR WORK EAPC (CONT.) CHOICE HEALTH & FITNESS (cunt.) SIZE 161,300 SF BUDGET $24,000,000 SCHEMATIC DESIGN ESTIMATE $26,762,000 DESIGN DEVELOPMENT ESTIMATE $23,682,336 BIDDING October 2010-September 2011 CM with 32 Bid Packages CHANGE ORDERS Quantity: 174 Cost: $1,300,000 60% Project 1 40% Owner Adds COST $24,522,513 COMPLETED Feasibility: 2010 Design: 2011 Construction: 2012 FIRM'S ROLE EAPC: Architect of Record, Structural, Mechanical, Electrical Engineering OLC: Recreation Architect & Feasibility Design CLIENT CONTACT Bill Palmiscno Grand Forks Park District Superintendent of Recreation 701.746.2750 bpalmiscno(o�gfparks.org SIMILAR WORK EAPC (CONT.) ELBOWOODS HEALTH CENTER WELLNESS CENTER FACILITY MASTER PLAN New Town, North Dakota EAPC Architects Engineers along with specialty consultant Ohlson Lavoie Collaborative (OLC) was asked by MHA Nation to provide master planning, programming, community engagement, and cost estimating services for a new Wellness Center connected to the existing Elbowoods Memorial Health Center. EAPC+OLC conducted and facilitated two work sessions with stakeholders, community, staff, and potential partners to clearly understand the project vision, goals, and objectives, organize community input, define project parameters, as well as acquire and organize site information prior to developing a list of physical spaces and wellness/workspace requirements. SIMILAR WORK EAPC (CONT.) ELBOWOODS HEALTH CENTER (cont.) ty{wb� +t&V-Tff C-MTW- N-ru rr t� �pW3fe>N i WM r.4ew pzr-f- UN rAr-" FZACt:y� pt,-P-ff = I t kr--C n� N! '�"�r�� Using the information approved by the stakeholders, EAPC+OLC began developing a concept design for the new Wellness Center. The work included a comprehensive campus master plan in terms of site access, parking resources, internal wayfinding, visitor, staff, and service traffic circulation, recommended expansion, and departmental adjacencies. EAPC+OLC presented the concept that met MHA Nation and the community's objectives, needs, and budget. EAPC+OLC also provided a cost estimate for construction based on similar projects as a dollar per square foot cost. This estimate included design fees and all soft costs that could be anticipated for the project along with a 3D exterior colored rendering and plan documents that would be unveiled to the entire community, generating additional support, fund raising, and most importantly, excitement for this landmark project! s�*F SIMILAR WORK EAPC (CONT.) MINOT STATE UNIVERSITY HEALTH & WELLNESS CENTER AND DOME Minot, North Dakota This project was part of Minot State University's passage to a Division II Athletics Program. • Project consisted of a two-story, with mezzanine, 55,000 SF Health and Wellness addition to the existing Minot State University Dome facility • Addition includes activity courts for basketball, volleyball, and floor hockey, space for fitness and spinning classes, weight lifting, and cardio exercise • One of a kind climbing wall and a skywalk to the existing Swain Hall building where academic courses on health and wellness are offered • The Health and Wellness Center is the student side of three components to the MSU Health, Fitness, and varsity programs. The three components include varsity athletics (primarily represented in the dome), the academic side of physical education and wellness (primarily represented in the adjacent Swain Hall), and finally the student activity component of which the Health and Wellness Center is the primary representative and was funded by student fees. • This project provided a home for the student fitness center and student activities that started in Swain Hall on the campus of Minot State University. Phase I consisted of construction of the fitness center portion of the project on the west side of the Dome. • The extensive use of glass allows views into the facility to create interest and also allows viewing of the football field and the new stadium. SIMILAR WORK EAPC (CONT.) MINOT STATE UNIVERSITY (cunt.) • The location between the football/soccer field, the MSU Dome, and linking the academic health and fitness disciplines was an owner's requirement for this facility. Internal configurations to tie into each level of the MSU Dome, while providing independent use of the Dome for public functions (i.e. high school activities/state tournaments/etc.), organize the levels and access points. • EAPC provided the structural design of all components and systems to ensure the structural integrity of the building as a whole. EAPC evaluated the geotechnical report for earthwork and foundation recommendations and also examined the existing structures to ensure the proper addition and skyway tie-ins. SIZE Wellness: 55,000 SFAddition Dome: 140,000 SF BUDGET Wellness: $10,000,000 Dome Mechanical: $2,500,000 COST Wellness: $9,900,000 COMPLETION Wellness: May 2012 Dome Mechanical: August2012 FIRM'S ROLE Architecture, Structural, Mechanical & Electrical Engineering SUBCONSULTANTS OLC: Recreation Architect REFERENCE Brian Foisy Former VP for Admin & Finance Minot State University Current VP for Finance University of Idaho 208.885.6174 brianfoisy(a-)uidaho.edu SIMILAR WORK EAPC (CONT.) SOUTH DAKOTA STATE UNIVERSITY WELLNESS CENTER Brookings, South Dakota EAPC performed a preliminary design and program for the facility that developed into the full design and construction of this wellness center. • EAPC was first commissioned to provide limited schematic design services to the extent of preparing/reviewing functional and spatial programs, developing preliminary layouts and project budgets for the facility • EAPC was subsequently awarded the project that developed from the initial study • Program included a 73,000 SFstudent wellness facility featuring a three -court gymnasium with cross -court championship court, racquetball courts, climbing wall, and elevated indoor walk/running track • Cardio and weight areas, fitness floor, group exercise rooms, locker rooms, family locker room, expanded Division 1 varsity locker rooms and instruction facilities, conference rooms, and juice bar were included SIZE 73,416 SF COST $10,000,000 FIRM'S ROLE Architecture CLIENT CONTACT South Dakota State University Reed Leibel Project Manager/Engineer 605.688.4136 Reed. Leibel(cDsdstate.edu SIMILAR WORK EAPC (CONT.) NORTH DAKOTA STATE UNIVERSITY WALLMAN WELLNESS CENTER Fargo, North Dakota This facility expansion provided an array of amenities for the students at NDSU. Expanded facility blends seamlessly with the existing wellness center and features a three-story climbing pinnacle with separate top -rope climbing and bouldering wall, expanded cardio areas, new circuit and free -weight space, as well as new group exercise rooms for aerobics, martial arts, and spinning Three -court gymnasium accommodates intramurals, basketball, volleyball, badminton, and a multi -activity court (MAC) houses indoor soccer, in -line hockey, basketball and tennis • Four racquetball courts, observation lounges, newly expanded and modernized locker rooms, and an elevated walk/run track located on the mezzanine level • Larger child care facilities, administration space, a logo shop, fitness testing, health education, and massage SIZE 74,000 SF COST $8,700,000 FIRM'S ROLE Architecture of Record CLIENT CONTACT Gary Fisher, Director gary.fisher .ndsu.edu 701.231.7672 \1\ V I C T US A D V I S O R S SECTION 3 11 OUR PROVEN PROJECT LEADERSHIP TEAM Our assigned project team for this project in Seward is shown below. Brian Connolly, founder of Victus Advisors, will be the day-to-day project director responsible for all aspects of the project, including client management, community engagement lead, research methods and planning, financial/economic analysis, project deliverables, and public presentations. Please note, the Victus/EAPC team shown below has worked together previously on a similar project in Marathon County, Wisconsin. PROJECT LEADERSHIP VICTUS ADVISORS 4 BRIAN CONNOLLY, MANAGING PRINCIPAL Brian founded Victus Advisors in 2012 to bring an objective, market -driven, and client -centric approach to sports facility planning. He leads client relationship management, community engagement, project execution, and public presentations for Victus. Brian is an Ivy League economics graduate with an MBA in sports business, who after working in the municipal bond markets and directing financial operations for a leading financial sector research firm, decided to follow his passion for sports and entertainment. He takes pride in leading the research and planning process that brings new and innovative sports facilities to communities nationwide. EDUCATION: M.B.A., Sports Business - Arizona State University B.A., Economics - University of Pennsylvania SPECIALTIES: - Sports Facility Planning - Sports Tourism - Market Research - Demand Modeling - Financial Analysis - Economic Analysis - Strategic Planning Services - Municipal Finance - Community Engagement - Sponsorship Analysis WORK EXPERIENCE: Founder & Managing Principal — Victus Advisors Senior Consultant — Conventions, Sports & Leisure Int'I (CSL) Business Strategy & Research — Orlando Magic (NBA) Business Strategy & Research -- Arizona Cardinals (NFL) Director, Financial Analysis — Chatham Partners Municipal Bond Analyst — Commerce Capital Markets RELEVANT CLIENTS: INDUSTRY LEADERSHIP: 2018 Connect Sports `Game Changer' Award Winner Conference Speaker: Connect Sports, International Association of Venue Managers (IAVM), Association of Luxury Suite Directors (ALSD) University Lectures: Columbia University Sports Management, Syracuse University Falk School of Sport & Human Dynamics, San Diego State University Sports MBA Program • Youth Sports & Recreation - Central Wisconsin CVB, Village of Weston WI, Visit Anaheim CA, Shreveport -Bossier (LA) Sports Commission, Virginia Beach CVB, City of Columbia MO, City of Fort Wayne IN, City of Vacaville CA, Truckee -Donner (CA) Recreation & Park District, Snyderville Basin (UT) Recreation, Hurricane City (UT) Recreation, City of Hagerstown (MD), Monroe - West Monroe CVB (LA), Cumberland County (PA) Visitors Bureau, Yellowstone County MT, Visit Camarillo CA • Stadiums & Ballparks — Aloha Stadium, PETCO Park, Globe Life Park, Proposed Rays Ballpark, Portland MLB, University of Phoenix Stadium, First Energy Stadium, Oakland -Alameda County Coliseum, Levi's Stadium, StubHub Center, Audi Field • Arenas — Barclays Center, Amway Center, Capital One Arena, Scottsdale NHL Arena, Las Vegas Arenas, Kaiser Permanente Arena, Fort Wayne Arena, Riverside Arena PROJECT LEADERSHIP VICTUS ADVISORS (CONT.) WALTER FRANCO, RESEARCH DIRECTOR Since joining Victus Advisors in 2015, Walter Franco has led our market research and strategic analysis efforts for our public venue and sports tourism clients. Walter is bi-lingual, and his professional experience prior to Victus includes projects and roles with English-speaking groups such as the Utah Grizzlies (East Coast Hockey League - ECHL), Major League Soccer, Real Salt Lake, and University of Utah, as well as several Spanish -language projects for Mexican professional soccer clubs. Walter earned an M.B.A. with a focus on sports management from San Diego State University, and a B.A. in business administration from the University of Utah. EDUCATION: M.B.A., Sports Business - San Diego State University B.A., Business Administration - University of Utah SPECIALTIES: - Primary Market Research Methods - Secondary Market Research Methods - Surveys & Focus Groups - Usage Projections - Operating Pro Formas - Financial Modeling - Economic Analysis WORK EXPERIENCE: INDUSTRY LEADERSHIP: Conference Speaker: Utah Recreation & Parks Association, Yale University Sports Conference University Lectures: University of Utah, San Diego State University Sports MBA Program, BYU Sports Management Senior Manager — Victus Advisors Corporate Development — Utah Grizzlies (East Coast Hockey League) Graduate Consultant — Soccer United Marketing / Major League Soccer Analyst — Royal Bank of Scotland (RBS) RELEVANT CLIENTS: • Hampton Roads (VA) Youth Hockey Association — Market & Financial Feasibility Study for a New Ice Arena • Truckee -Donner Recreation District (CA) — Ice Pavilion Feasibility Study • Marathon County / Visit Wausau (WI) — Ice Events Center Feasibility Study • Yellowstone County (MT) — Indoor Sports Market & Feasibility Study • City of Virginia Beach (VA) — Sports Venue Inventory, Market Assessment & Feasibility Study • City of Santa Cruz (CA) — Multi -Use Sports Arena Feasibility Study • Visit Ventura County Coast (CA) — Sports Tourism Driver Feasibility Study • City of Riverside (CA) — Sports Arena/Events Center Feasibility Study • Allen County -Fort Wayne (IN) Capital Improvement Board — Sports Arena Feasibility Study • Alachua County (FL) —Sports Event Center Feasibility Study • State of Hawaii - Aloha Stadium & Mixed -Use Sports/Entertainment District Feasibility Study • Syracuse University — Carrier Dome Renovation Study PROJECT LEADERSHIP EAPC ALAN DOSTERT, ALA, NCARB Principal in Charge I EAPC Architects Engineers INDUSTRY/EAPC TENURE Since 1980 / Since 1991 EDUCATION Bachelor of Architecture AFFILIATIONS American Institute of Architects Board Member and Past President NDSU Architecture & Landscape Architecture Advisory Board As President and CEO of an award -winning design firm, Alan wears many hats. His 40+ years of experience in the industry is well recognized by his peers and those who seek his expertise. Throughout his career, Alan has worked on every conceivable project type, big or small, new or remodel. No matter the scope, Alan demands perfection from himself and others so that the deliverables to his clients are exactly what they hope for with complete satisfaction. Providing excellent design and creating life- long partnerships with his clients are musts on Alan's checklist. Although he enjoys working on many building types, Alan's passion is greatest for architecture that matters most to the user. He especially enjoys working on these types of facilities because they exuberate a positive, direct impact on those using them. PROJECT EXPERIENCE Minot State University, Minot, ND Press Box Weight Room Basketball Locker Rooms Wellness Center Expansion All -Weather Field Division IIAthletic Stadium Study Stadium Seating University of Jamestown Foss Wellness Center, Jamestown, ND Energy Wellness Center, Beulah, ND Maysa Rink #2 Improvements, Minot, ND Choice Health & Fitness, Grand Forks, ND Minot State University Wellness Center Expansion, Minot, ND North Dakota State University, Fargo, ND Wallman Wellness Center Expansion Student Health Expansion South Dakota State University Student Health & Wellness Center, Brookings, SD PROJECT LEADERSHIP EAPC (CONT.) RODNEY BISCHOF LEED AP Project Designer I EAPC Architects Engineers INDUSTRY/ EAPC TENURE Since 2005 / Since 2012 Rodney is steadfast in his approach to his designs. As a lead designer he is recognized for his perfectionist style and his dedication and commitment to creating functional spaces, beautiful environments, and sustainable solutions. Rodney has over 16 years experience and works hard to serve clients and their projects using his problem solving and technical skills to develop solutions. From inside the building to the building envelope, Rodney ensures the design is on point with the Client's vision and the materials used are long lasting. PROJECT EXPERIENCE Energy Wellness Center, Beulah, ND Community/Recreation Center Study, Spirit Lake Reservation, ND EDUCATION South Dakota State University, Brookings, SD Master of Architecture Stanley Marshall Center Addition & Renovation Wellness Center AFFILIATIONS North Dakota State University, Fargo, ND United States Green Building Health & Wellness Expansion Council North Dakota: Past Harris Hall Pre -design Chair, Market Leadership Peltier Complex Advisory Board Member : North Dakota State College of Science Career Innovation Center, Fargo, ND Minot State University Wellness Center, Minot, ND University of Jamestown, Jamestown, ND Larson Center Addition Nafus Commons \1\ V I C T US A D V I S O R S SECTION 4 REFERENCES Victus Advisors + EAPC ICE, SPORTS & EVENT CENTER FEASIBILITY STUDY MARATHON COUNTY, WISCONSIN (2019) Mr. Val Belmonte President & CEO U.S. Sports Development Group (P3 partner with Marathon County) (224) 567-9268 val@ussportsdev.org Victus Advisors YELLOWSTONE COUNTY INDOOR SPORTS FACILITIES STUDY BILLINGS, MONTANA (2018) Ms. Alex Tyson Executive Director Visit Billings (406) 869-3726 alex@visitbillings.com INDOOR RECREATION CENTER FEASIBILITY STUDY CITY OF SARATOGA SPRINGS, UTAH (2021-22) Mr. Heston Williams Recreation Director City of Saratoga Springs (801) 766-9793 ext. 211 hwilliams@saratogaspringscity.com EAPC MINOT STATE (ND) HEALTH & WELLNESS CENTER Mr. Dick Jenkins Former VP of Student Affairs for Minot State University (701) 720-8143 Cormorant13619@gmail.com \1\ V I C T U S A D V I S O R S SECTION 5 Comprehensive Work y Plan, Pricing Proposed Timeline Ai�,, y� tr 11 DETAILED WORK PLAN We understand that the City of Seward is seeking an experienced recreation facility consulting team to conduct a feasibility study to determine the need, amenities, location, cost, and operational viability of building a multi -use community recreation center in Seward. The City has requested that the primary components of this study include market analysis, community needs assessment, operational/financial analysis, building project assessment, and a final report. It should also be noted that we understand Seward has a vibrant summer tourism period that typically peaks from approximately May 151" to September 151" each year. Understanding that there may be opportunities for an indoor recreation center to also accommodate sports tourism via court, field, or ice sports during the current off-peak tourism months, our research process will include not just assessment of recreational usage needs in Seward, but also analysis of opportunities for sports tournaments/events and their visitor -driven economic impacts. The remainder of this section details our proposed work plan to help the City accommodate their study goals, as well as proposed pricing and timeline for the project. 1. KICKOFF MEETINGS & STAKEHOLDER INTERVIEWS To kick off this study, Victus Advisors and EAPC will travel to Seward to meet with project leaders and interview key stakeholders. Over the course of two (2) days in Seward, we will complete the following meetings: • Project Kickoff Meeting & Site Tours - Victus Advisors and EAPC would conduct an initial meeting with project leaders, to be followed by site tours and then stakeholder interviews. This initial kickoff meeting would include: o Gather project background information and feedback regarding the client's motivations and goals behind this project. o Establish a working group with clear lines of communication and project responsibilities. o Review and confirm the work plan and project timeline. o Review and tour potential site options. • Stakeholder & User Group Interviews — During our remaining time in Seward, Victus Advisors will conduct one-on-one interviews (and if necessary, group interviews) with key stakeholders and potential users of the recreation facility project. Typically, we complete at least 12 to 16 interviews over the course of our on -site visit. At a minimum, this list should include representatives from key local/regional organizations such as user groups (ice, courts, artificial turf, aquatics, etc.), key government leaders, relevant community foundations, chamber of commerce, economic development agencies, visitors bureaus, parks and recreation departments, etc. We will also follow up via phone with other potential user groups. DETAILED WORK PLAN CONT. 2. MARKET ANALYSIS & COMMUNITY NEEDS ASSESSMENT • Demographic & Socioeconomic Analysis — In order to understand baseline demand, Victus will perform thorough market research to determine the market profile and growth trends for the Seward market area, including a variety of population demographic characteristics (such as population size, age range, income, etc.). We will also analyze population trends within at least an 8-10 hour drivetime range to begin our assessment of opportunities for tournaments. • Local Sports/Recreation Program & Facility Audit - Victus Advisors will conduct a review of local sports and recreation programs and facilities within the primary marketplace. Our program analysis will include both recreational and competitive programs by sport, type, and age group, and will identify their current facility usage patterns. Our facility analysis will include the location, facility type, ownership, operations, maintenance, users, events, and fee structures. This local analysis will be important, as Victus Advisors has found that local groups can often be the catalyst for: a) weekday usage of the facility, and b) also creating homegrown sports tournaments that can attract significant visitors. • Community Recreation Survey — Victus Advisors will draft, develop, program, and implement an online survey through the City's existing databases of citizens, recreation and parks users, as well as the City's digital channels such as website, social media, etc. The goal of this online survey will be to gather feedback from a wider range of citizens and identify primary needs for a new recreation center in Seward. • Regional Sports/Recreation Facility & Demand Analysis - In this task, Victus Advisors will conduct a review of sports/recreation facilities within a broader 8-10 hour drive range of Seward. Our analysis will include the location, facility type, ownership, construction costs, operations, and usage fees. Data gathered and analyzed will include event utilization, daily programming, staffing, F&B, other sales, attendance/seating capacities, and other operational and financial data. This competitive review will serve as the baseline for: benchmarking potential utilization, revenues/expenses, and visitor impacts that could be generated at a new facility in Seward. Through this research, we will also identify potential tournament activity and regional user groups that could visit a new recreation facility in Seward. We will conduct telephone interviews at this stage with at least 10 to 15 regional user groups or state-wide organizations that could potentialyl drive regional/weekend visitor usage to a new facility. • Building Program Recommendations & Interim Presentation - Based on the Market Analysis & Community Needs Assessment findings, we will develop recommendations for new recreation amenities in Seward, including inventory and specifications by surface and/or usage type, any seating capacity needs, food/beverage areas, merchandise/apparel shops, locker rooms, fitness/training space, office and operational space, and parking requirements, as appropriate. DETAILED WORK PLAN CONT. • Building Program Recommendations & Interim Presentation (cont.) - Our recommendations will also address components needed for a recreation -only facility, versus a facility that could also attract regional sports tournaments that drive incremental visitors and economic impact. At this point, we will conduct an interim presentation via video conference to discuss the results of our Market Study & Needs Assessment prior to proceeding with our next phases. 3. OPERATIONAL & FINANCIAL ANALYSIS • Ownership & Operations Analysis — Victus will provide strategic, operational, partnership, and management recommendations with the goal of making the new facility feasible and sustainable from both a capital cost and operational standpoint. This will include analysis of both public and private options for ownership and management. We will review and analyze opportunities for ownerships and management of the new facility, which typically may include options such as: • Public ownership and operations • Public ownership and private for -profit operations • Public ownership and private non-profit operations • Private ownership and operations We will review selected case studies for ownership and operations of comparable facilities, and we will identify best practices and recommendations that may be applicable to Seward. • Operating Pro Forma — Victus will identify which types of users and events represent the strongest potential sources of facility utilization. We will also project both the sustainable daily usage and the number of special or recurring events and attendance that the proposed rink could potentially host in a typical year of operations. For each of the appropriate event categories that we identify, we will estimate the annual levels of usage, attendance, rentals, ticket sales, concessions, merchandise, parking, support space requirements, etc. Our custom financial model will also project the annual financial operations of the facility, and will include an assessment of staffing needs/requirements. This model will be based on the specific amenity recommendations and utilization estimates developed in the prior phases. Operating revenues and expense projections will be developed for the following key operating sources, as well as long-term capital needs: Rentals and user fees EXPENSES Salaries and benefits Concessions / catering Event -related expenses Merchandise / apparel General & administrative Sponsorships f advertising Marketing / advertising Parkin if applicable) Repairs and maintenance Reimbursables Utilities Transfers and grants Insurance, legal and professional Other applicable revenue sources Other such expenses DETAILED WORK PLAN CONT. • Funding Options Analysis - Victus Advisors will analyze the funding methods used to develop comparable recreation facilities in similar markets, and develop a master list of potential funding methods. In addition, based upon input gathered from the Client and our stakeholder interview process, we will narrow this list to funding methods that could potentially be utilized in Seward. Finally, we will analyze and quantify these potential funding sources. Based upon our previous project experience, a preliminary list of potential funding sources could include both public and private funding options. We will work closely with the Client and key stakeholders to identify a project funding plan that meets the needs and requirements of the local community. 4. BUILDING PROJECT ASSESSMENT (EAPC) • Site Assessment — As previously noted, as part of our initial kickoff meetings EAPC's Principal -in -Charge and Project Architect will visit with the project steering committee, gather information regarding potential sites, and visit and walk up to three (3) proposed locations/sites. Following the kickoff meetings, EAPC will gather pertinent information on each site for appropriateness of design. • Initial Site Plan/Designs & Construction Cost Estimates — EAPC will review the recommendations of features/amenities and sizes as developed by Victus Advisors in the Market Analysis & Community Needs phases of our study. Based upon those results and input from the project steering committee, EAPC will: • Produce preliminary site layout and preliminary plan diagrams for review. • Adjust site/plan concepts to respond to initial input and review. • Prepare "final' preliminary design concepts — one for each of the three (3) proposed sites. • Provide documentation to include Preliminary Site Plan, Preliminary Floor Plan Diagrams, Preliminary Exterior Elevations, and prepare a 3-D rendered model of each option. • Prepare a Preliminary Cost Model (estimate) for each option. 5. FINAL REPORT & DELIVERABLES At the conclusion of our research, analysis, and concept plan development, Victus Advisors and EAPC will prepare final deliverables summarizing all of the phases and findings of our study. DETAILED WORK PLAN CONT. 5. FINAL REPORT & DELIVERABLES (cunt.) Initially, we will submit a Draft Report in digital format (PDF) for review and comment by the project steering committee. Once we have edited and updated this draft, we will prepare a Final Report, including an Executive Summary that is suitable for public distribution. We will also present a summary of our findings in a public or private setting in Seward to key project stakeholders. Our Final Report will include, but may not be limited to: • Executive summary of key findings. • Detailed overview of market demand and community need research findings, including stakeholder and user group input, community survey results, demographic/socioeconomic analysis, competitive/comparable markets and facilities, local and regional user group interviews, tournament and event organizer interviews, etc. • Venue demand and facility recommendations. • Analysis of ownership and management options. • Usage estimates, revenue/expense projections, and long-term capital needs. • Project funding alternatives analysis. • Site analysis, conceptual designs, and construction cost estimates. • Final presentation of results and recommendations in Seward. PROPOSED PROJECT TIMELINE It is estimated that Victus Advisors and EAPC can complete the proposed project tasks shown below, from kickoff meetings in Seward to submittal of our draft report, in approximately fourteen (14) weeks. Please note that it is assumed that the final presentation(s) in Seward would be scheduled at a future date based upon the schedules and availability of key stakeholders. PROJECT TASK: WEEK: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Kickoff Meeting, Site Tours & Stakeholder/User Interviews (2 days) Demographic & Socioeconomic Analysis Local Sports/Recreation Program & Facility Inventory Community Recreation Survey DRAFT DISTRIBUTE ANALYZE Regional Inventory & Demand Analysis (includes Event Interviews) Building Program Recommendations Interim Presentation - Initial Research Findings & Facility Recs. Ownership & Operations Analysis Operating Pro Forma Funding Options Analysis Building Project Assessment Submit Draft Report & Edit Final Deliverables Final Presentations in Seward (TBD) Note: ( boxes identify on -site visits by Uictus Advisors and EAPC to Seward PROPOSED PROJECT COST FIXED COST PROPOSAL — Based upon the estimated hours for our assigned consultants to complete the proposed work plan, as well as a fixed travel expense budget for two (2) trips to Seward by our consulting team, our proposed fixed cost for this feasibility study in Seward is 90 940, as detailed below: PROJECT TASKS Kickoff Meeting, Site Tours & Stakeholder/User Interviews (2 days) Demographic & Socioeconomic Analysis Local Sports/Recreation Program & Facility Inventory Community Recreation Survey Regional Inventory & Demand Analysis (includes Event Interviews) Building Program Recommendations Interim Presentation - Initial Research Findings & Facility Recs. Ownership & Operations Analysis Operating Pro Forma Funding Options Analysis Building Project Assessment Submit Draft Report & Edit Final Deliverables Final Presentations in Seward (TBD) TOTAL - PROFESSIONAL FEES: ESTIMATED HOURS Principal* Staff* $275 $150 48 48 2 10 2 16 6 28 4 28 4 6 4 4 6 14 10 24 6 18 18 46 4 10 32 0 146 252 TOTAL PROFESSIONAL FEES $20,400 $2,100 $3,000 $6,000 $5,400 $2,100 $1,800 $3,900 $6,600 $4,500 $11,020 $2,700 $8,320 $77,340 FIXED TRAVEL EXPENSE BUDGET BUDGET AMOUNT Trip 1 - Travel Expenses for Four (4) Consultants for Two (2) On -Site Days $9,300 Trip 2 - Travel Expenses for Two (2) Consultants for One (1) On -Site Day $3,800 TOTAL - TRAVEL EXPENSE BUDGET: $13.100 TOTAL FIXED COST PROPOSAL: $90,940 'Note: The hourlyrates shown above are blended rates between Victus and EAPC. Standard houriyrates for each firm can be provided upon request. \1\ V I CT US A D V I S 0 R S SECTION 6 Required Proposal �` Forms &Affidavit tr 11 M Proposal Form Feasibility Study for Community Recreation Center Failure to complete this form shall result in your Offer being deemed non- responsive and rejected without any further explanation. Offer and Obligation: The undersigned hereby offers, and agrees to be bound and obligated to this offer, to furnish the goods and 1 or services in compliance with all Terms and Conditions, Scope of -Work, Specifications, and Addendums in this solicitation and, if awarded, enter into an Agreement or Contract with the City. Addendums: The undersigned has read, understands, and is fully cognizant of all parts of this solicitation, together with any addendum issued in connection with this document. The undersigned hereby acknowledges receipt of the following addendum(s). In addition, the undersigned has completely and appropriately filled out and submitted all required forms. Initial next to each applicable addendum number(s) or, if none, leave blank. Addendum #1 Addendum #2 Addendum #3 Addendum #4 If additional addendums were issued, list numbers here and initial. Compliance: The undersigned hereby accepts all administrative requirements of the solicitation and will be in compliance with such requirements. By submitting this Proposal Form, the Proposer represents that they are in compliance with all applicable provisions of Seward City Code, Title G, and if awarded a contract to provide the construction, goods, or services required in this solicitation will comply for the entire length of the Agreement or Contract. Non —Collusion: The undersigned, by submission of this Proposal Form, hereby declares that this offer is made without collusion with any other business or person making any other offer. or which otherwise would make an offer. Performance Guarantee: The undersigned further agrees that if awarded the Agreement or Contract, it will submit to the City any required performance guarantee (i_e_ irrevocable letter of credit or cash deposit), if applicable. Proposal Price: The undersigned agrees to abide by the pricing contained in the proposal. NO OFFER WILL BE ACCEPTED WHICH HAS NOT BEEN MANUALLY SIGNED IN INK IN THE APPROPRIATE SPACE BELOW I certify, under penalty of perjury, that I have the legal authorization to bind the company hereunder: VICTUS ADVISORS LLC Company Name 2720 HOMESTEAD ROAD, SUITE 130 Address PARK CITY, UT 84098 City State Zip Signature of Person Authorized to Sign Printed Name Title BRIAN CONNOLLY Name PRINCIPAL Title (435) 776-5728 Phone BCONNOLLY@VICTUSADVISORS.COM Email Fair Employment Practices Form This questionnaire on fair employment practices for the qualifications of bidders is part of this bid document and must be returned with your bid. Failure to complete this form may be sufficient cause for rejection of your bid. It will be necessary to submit this form on an annual basis in order for the city to maintain and up-to-date file on your progress in equal opportunity employment. As required by federal and state laws and regulations, the city may request additional equal employment opportunity information from you. "Fair" or "Equal Employment" means the practice of not discriminating among persons on the basis of race, color, sex, national origin or age. This questionnaire will be evaluated by the purchasing agent and his recommendations will be a factor in determining whether your firm is to be retained on the city's bid list. SECTION PLEASE ANSI ER ALL THE FOLLOWING QUESTIONS: A NAME OF FIRM VICTUS ADVISORS LLC ADDRESS 2720 HOMESTEAD RD #130, PARK CITY, UT 84098 TELEPHONE NUMBER (435) 776-5728 NATURE OF BUSINESS FEASIBILITY CONSULTING NUMBER OF FULL TIME EMPLOYEES 2 PERSON FILLING OUT FORM BRIAN CONNOLLY TITLE MANAGING PRINCIPAL SECTION DO YOU ILIVE A I RITTEN EQUAL EMPLO�_NILNT POLICY? YES NO X B IF YES, PLEASE ATTACH COPY IF NO, DO YOU PLAN TO ADOPT ONE IN THE NLAR r,-T_­-T:E? YE5 NO X SECTION DO YOU HAVE A WRITTEN AFFIRNLATn E ACTION POLICY? YES NO X C IF YES, PLEASE ATTACH COPY IF NO. DO YOU PLAN TO ADOPT ONE IN THE NEAR FUTI JRE? YES NO X SECTION DO YOU UTILIZE AFFWdVLATIVE ACTION IN EMPLOYMENT PRACTICES, SUCH AS ADVERTISING ALL POSITIONS WITH THE EQUAL OPPORTUNITY D CLAUSE. MAKING SPECIAL EFFORTS TO RECRUIT MINORITY AND FEMALE JOB APPLICANTS AND REVIEWING JOB -TESTING PROCECURES TO ENSURE THAT NO DISCRIMINATORY BIASES EXIST? YES X NO SECTION NAME OF OFFICER OF FIRM BRIAN CONNOLLY E SIGNATURE OF OFFICER DATE Non -Collusion Affidavit The undersigned proposer, having fully informed themselves regarding the accuracy of the statements made herein certifies that: (1) the proposer developed the bid independently and submitted it without collusion with, and without any agreement, understanding, or planned common course of action with any other entity designed to limit independent bidding or competition, and (2) the proposer, its employees and agents have not communicated the contents of the bid to any person not an employee or agent of the proposer and will not communicate the proposal to any such person prior to the official opening of the proposal. The undersigned proposer further certifies that this statement is executed forthe purpose of inducing the City of Seward to consider the proposal and make an award in accordance therewith. VICTUS ADVISORS LLC 2720 HOMESTEAD RD #130, PARK CITY, UT 84098 Legal Name of Proposer Firm Business address 5iamnue and Title Date Printed \ aine of Title Person Subscribed and s�-vom to me this day of _ 20 Notary Public My Commission Expires \1\ V I C T U S A D V I S o R S BRIAN CONNOLLY Managing Principal mobile: 214.422.6248 office: 435.776.5728 email: bconnolly@victusadvisors.com mail: Victus Advisors 2720 Homestead Road Suite 130 Park City, UT 84098 VICTUSADVIS0RS.00M 86 SCORING SHEET RFP Community Recreation Center Feasibility Study Proposer: Stantec Architecture Inc. Scorer 50 Timeline & Pricing 50 Experience TOTAL Tyler Florence 50 45 95 Jason Bickling 1 47.5 40 87.5 Jenny Rutledge 40 40 80 TOTAL 262.5 Proposer: Vlctus Advisors Scorer 50 Timeline & Pricing 50 Experience TOTAL Tyler Florence 45 45 90 Jason Bickling 1 47.5 50 97.5 Jenny Rutledge 45 50 95 TOTAL 282.5 Proposer: McKinley Research Group, LLC Scorer 50 Timeline & Pricing 50 Experience TOTAL Tyler Florence 40 40 80 Jason Bickling 1 40 40 80 Jenny Rutledge 40 45 85 TOTAL 245 Proposed Timeline & Pricing Plan (50 Points) • Does the proposed timeline seem reasonable in terms of the scope of the project? • Is the fee in line with similar projects of this size and scope? Respondent's Experience (50 Points) • Does the Proposer's resume, references, and current or past performance in this kind of project indicate confidence for high quality products? :11V CITY OF SEWARD, ALASKA Sponsored by: Bower RESOLUTION 2021-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING CERTAIN GENERAL FUND CAPITAL IMPROVEMENT PROJECTS FOR PLANNING, PRIORITIZATION, AND IMPLEMENTATION WHEREAS, the purpose of the Capital Improvement Plan (CIP) prioritization list is to provide general guidance and direction for administrative purposes and will be modified based upon available funding, unforeseen circumstances that might arise, and grant opportunities that become available; and WHEREAS, each year, the Seward City Council evaluates the overall Capital Improvement Project list as part of the budget process; and WHEREAS, in an effort to discern the City Council's desire regarding certain projects, the Seward City Council completed a survey which asked members to rank Capital Improvement Project priorities in April, 2021; and WHEREAS, the Seward City Council held a work scsslotr on May 24, 2021 to discuss the Capital Improvement Plan and Council CIP priorities survcy results; and WHEREAS, the Seward City Council held a work session on June 28, 2021 to discuss the Capital Improvement Plan prioritization; and WHEREAS, in anticipation of an infrastructure bill, it is important the City not only prioritize its Capital Improvement projects, but also move those high priority projects to "shovel -ready", ensuring they are more likely to be gi4cri Federal financial support. NOW, THEREFORE, BE IT RESOL'1"ED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Council approves the following projects for planning, prioritization, and implementation: 1. Completion of" the Lowell Crcck Tunnel which is a collaboration between the City of Seward and United States Army Corp of Engineers. 2. Construction and relocation of Public Works into a new facility. 3. Addition of utility sites to municipal campground sites on the waterfront. 4. Purchase of Alaska Land Mobile Radios for public safety purposes. 5. Conduct a needs assessment for the establishment of a Community Recreation Center. Section 2. This resolution shall take effect immediately upon adoption. CITY OF SENVARD, A1,ASKY RESOLUTION 2021-105 PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 13d' day of September, 2021. 'I HE CITY"SEWARD, ALASi� erry, AYES: Casagranda, McClure, DeMoss, Osenga, Baclaan, Se ,Terry NOES: None ABSENT: None ABSTAIN: None ATTEST: r-e a J. Ballo , MMC City Clerk (City Seal) Ile- • SEALto yr, E OF *r��IwRFY4"°�r# I 420 City Council Agenda Statement Meeting Date: September 13, 2021 To: City Council From: Janette Bower, City Manager Agenda Item: Resolution 2021-105: Approving Certain General Fund Capital Improvement Projects for Planning, Prioritization, and Implementation Background and justification: In an effort to discern the City Council's desire regarding certain projects, City Administration provided City Council members a survey by which each member was able to rank their own input on the Capital Improvement priorities. As a follow up to this survey, work sessions took place in May and June of 2021 to discuss the survey results and evaluate which projects should be undertaken in the coming years. The Animal Shelter project that ranked as the first priority is underway and as such, it is not included in this resolution. With the United States Legislature likely to enact a trillion -dollar infrastructure bill in the coming months, it is important that the City of Seward not only prioritize its Capital Improvement projects, but also move those high priority projects to "shovel -ready", ensuring the likelihood of being given Federal financial support. This priority list will serve as the direction for Administration to begin work on these projects. While this resolution will provide general guidance, the actual order of project completion will also be a function of available funding, unforeseen circumstances that might arise, and grant opportunities thatbecome available. The entire Capital Improvement Project list will be included in the FY 2022 budget. Consistency checklist: Comprehensive Plan: N/A Fiscal note: No funding from the City is required. This is a priority list with no associated cost. Finance Department approval:i'—� Attorney Review: Yes ❑ No ❑ Not applicable �X Recommendation City Council approve Resolution 2021-105. !PAS City of Seward, Alaska City Council Special Meeting Minutes March 14, 2022 Volume 41, Page 592 CALL TO ORDER The March 14, 2022 special meeting of the Seward City Council was called to order at 6:00 p.m. by Mayor Christy Terry. OPENING CEREMONY Council led the Pledge of Allegiance to the flag. ROLL CALL There were present: Christy Terry presiding and Sue McClure Liz DeMoss Mike Calhoon comprising a quorum of the Council; and Janette Bower, City Manager Brenda Ballou, City Clerk Brooks Chandler, City Attorney Excused — Osenga Absent — None Ristine Casagranda Randy Wells CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING — None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (McClure/Casagranda) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: There were no consent agenda items. NEW BUSINESS Other New Business Items Committee of the Whole: Jesse Lee Home Site. .yam; City of Seward, Alaska City Council Special Meeting Minutes March 14, 2022 Volume 41, Page 593 Motion (Terry/McClure) Move into Committee of the Whole regarding the Jesse Lee Home Site. Motion Passed Unanimous Council went into Committee of the Whole at 6:03 p.m. Council came out of Committee of the Whole at 6:37 p.m. Terry reported that administration had provided an update on the current status of the site of the former Jesse Lee Home, and said council could expect to receive additional information from the Alaska Department of Environmental Conservation (ADEC) in the future. Terry stated administration would bring back information relating to environmental clean up requirements, as well as conceptual plans for future use of the property, and the community would be invited to provide input. CITIZEN COMMENTS — None COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Bower thanked council for the meeting and for the first Committee of the Whole. Wells appreciated the recap and updates about the property. He looked forward to seeing this project develop. Terry appreciated everyone's participation. ADJOURNMENT The meeting was adjourned at 6:40 p.m. Brenda Ballou, MMC City Clerk (City Seal) Christy Terry Mayor 423 City of Seward, Alaska City Council Meeting Minutes March 14, 2022 Volume 41, Page 592 CALL TO ORDER The March 14, 2022 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Christy Terry. OPENING CEREMONY Police Chief Alan Nickell led the Pledge of Allegiance to the flag. ROLL CALL There were present: Christy Terry presiding and Sue McClure Liz DeMoss Mike Calhoon comprising a quorum of the Council; and Janette Bower, City Manager Brenda Ballou, City Clerk Brooks Chandler, City Attorney Excused — Osenga Absent — None Ristine Casagranda Randy Wells CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Bruce Jaffa, outside the city, supported Resolution 2022-038 to create a committee for the heat loop project; he commended administration for seeking grant funding for this project. Tara Riemer, inside the city, wanted to speak about employee housing as mentioned in the city manager report; the Alaska SeaLife Center (ASLC) historically used six spaces in the Waterfront Campground for volunteer housing. She said the ASLC would likely only need three spots this summer, and encouraged council to allow other employers to use camping spots. Riemer had previously considered requesting to rezone one of the parking lots at the ASLC to allow for employee camping. Tom Tougas, inside the city, encouraged council to approve Resolution 2022-038. For many years, he recalled, Seward hosted an alternative energy conference which included tours of AVTEC's windmill and the heat pumps at the ASLC; he thought the heat loop project was worthy and that it would make Seward a leader in the state. 424 City of Seward, Alaska City Council Meeting Minutes March 14, 2022 Volume 41, Page 593 Tony Baclaan, inside the city, was brainstorming housing solutions, and was thinking about employees living outside of town and their transportation needs to get into town to work. He wondered if the shuttle bus service route could be extended to include out of town locations so that some of the housing pressure could come off the city. He said Girdwood used grant funding to run their public transportation services. Jackson Hole, Wyoming was now in the position of dictating housing and employee pay requirements to developers; he didn't want to see Seward get to that point. Lynda Paquette, outside city limits, said in the 1999 Strategic Plan, there was an item for beautifying all the way to Mile 8, so in the past there has been consideration given to things outside of city limits. She thought the idea of providing the shuttle service to outside of town was really smart. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (McClure/Casagranda) Approval of Agenda and Consent Agenda Calhoon removed Resolution 2022-035 from the consent agenda. Motion Passed Unanimous The clerk read the following approved consent agenda items: Resolution 2022-032, Requesting Seward Be Reestablished As An Embarkation Port Of The Alaska Marine Highway System. Resolution 2022-033, Allowing Bornstein Seafoods To Occupy Their Employee Campground Located At 3201 Sorrel Road Beginning March 17, 2022. Resolution 2022-034, Authorizing The City Manager To Purchase Electric Distribution Materials (Fuses, Wire, Conduit And Other Miscellaneous Materials) From Anixter Power Solutions To Ensure Adequate Inventory For The Upcoming Spring/Summer/Fall Construction Season In A Not -To -Exceed Amount Of $87,050, Including 10% Contingency. Resolution 2022-036, Approving Amendment 43 To The Employment Agreement With The City Clerk. Resolution 2022-037, Approving Amendment 41 To The Employment Agreement With The City Manager. Approval of the February 28, 2022 City Council Regular Meeting Minutes. Non -objection to the renewal of liquor license 4177 Beverage Dispensary — Tourism for Breeze Inn. WR City of Seward, Alaska City Council Meeting Minutes March 14, 2022 Volume 41, Page 594 SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards Recognizing the 103"d Birthday of the American Legion City Manager Report. City Manager Janette Bower thanked the American Legion for their support for people suffering from Parkinson's Disease, as well as exposure to Agent Orange. Regarding employee housing, Bower stated there were two police officers at the police academy right now who had no housing secured in Seward when they returned; there was also a public safety dispatcher who had been hired, but who would not relocate to Seward without having housing secured. The city was also beginning to hire seasonal workers, and didn't have housing to provide; the housing crisis was real. Bower was trying to find solutions, including considering allowing employee camping at the campgrounds. Regarding the heat loop project, Bower said she had met with National Renewable Energy Laboratory (NREL) about grant opportunities, and while the current opportunity would not work, NREL would be working with the city going forward to find funding options. She added that a funding discussion with the Denali Commission last week had not panned out, but she would continue searching. At the council retreat, Bower said there had been discussion about the city's organization chart; she had included a current chart in tonight's packet. Bower would be attending the grant symposium in Anchorage on April 11, 2022, followed by an Alaska Municipal League (AML) event the following day. She would call in for the council meeting. DeMoss said she would support the city providing employee camping for city employees at the campgrounds. Casagranda would support having some spots at Forest Acres Campground reserved for city employees, as well as possibly allowing other employers to use campsites for their employees. Terry asked the city manager to consider this topic and bring something back to council. City Attorney Report. City Attorney Brooks Chandler reported that his firm had looked at the possibility of having city employees, other than police officers, collect parking fees. He had started working on a Mutual Aid Agreement for the Electric Department to have with Chugach Electric. He had started working on a new collective bargaining agreement with the IBEW. Borough Assembly Report. Borough Assembly Representative Cindy Ecklund thanked council for their service. The assembly adopted an ordinance to re -define a quorum for the KPB Planning Commission. There was yet to be an applicant for the KPB planning commission to represent Seward; this was an important position and she encouraged people to apply. Eyzy City of Seward, Alaska City Council Meeting Minutes March 14, 2022 Volume 41, Page 595 At the Sustainable Seward meeting in February, Ecklund said there had been discussion about the Alaskans for Litter Prevention and Recycling (ALPAR) program. She asked the city to resume this program. Ecklund reported that the borough's number one infrastructure project was to replace 12 bridges, seven of which were in the Seward area. Ecklund would meet with Assistant City Manager Stephen Sowell and Community Development Director Jason Bickling tomorrow to consider borough property near Seward that could be potentially used for housing. Terry wondered if there could be different property tax rate tiers for vacant properties or second home properties as opposed to primary homes; she asked who would be an appropriate person in the borough to talk to. Ecklund said she had discussed this topic, as well as service area taxation, with the borough's finance department and the first response she received was that it would not be possible; she added that Seward could adopt an exemption to property tax for primary homes. Ecklund said she was aware of four states in the Lower 48 that charged higher property tax rates for non -primary residences. McClure reiterated that the city really needed someone to be the city's representative on the KPB Planning Commission. Other Reports and Announcements — None Presentations Seward Community Health Center (SCHC) year end 2021 report by Executive Director Craig Ambrosiani. Kenai Mountains Public Media, Inc. presentation by Wolfgang Kurtz. PUBLIC HEARINGS Ordinances for Public Hearing and Enactment Ordinance 2022-006, Amending Seward City Code Title 3 To Integrate Adopted Seward Public Employee Association Union Language And To Provide For Certain Clarifying Amendments. This ordinance was introduced on February 28, 2022 and is coming tonight for public hearing and enactment. Motion (McClure/Casagranda) Enact Ordinance 2022-006 Bower said this ordinance included over 660 individual amendments. She brought council's attention to several key items, including: requiring council approval of a pay plan during the budget process, clarifying compensation during a temporary assignment, updating bereavement leave, and E10N City of Seward, Alaska City Council Meeting Minutes March 14, 2022 Volume 41, Page 596 allowing college classes related to job improvement, but not for the sole purpose of obtaining a degree. Notice ofthe public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared and the public hearing was closed. Terry appreciated the thorough agenda statement included with this ordinance. She liked the distinction related to the city paying for training that may be delivered through a college course versus a city employee working toward obtaining a degree. Motion Passed Unanimous Resolutions Requiring Public Hearing Resolution 2022-030, Approving The Termination Of The Sublease Agreement Between The University Of Alaska And The City Of Seward, Approving Lease Amendment 1 With CRRC, Approving Lease Amendment 4 With The University Of Alaska And To Approving The MOA Between The University And CRRC. Motion (McClure/Casagranda) Approve Resolution 2022-030 Harbormaster Norm Regis said he had been working on this lease for a long time; there had been an assortment of leases and subleases for this property since 1970. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Adrienne Stolpe, outside the city, said the university believed this lease would be beneficial for the local economy. In addition to furthering research, she appreciated the cooperation between the city and the university. Willow Hetrick -Price, outside the city, was the executive director of Chugach Regional Resources Commission (CRRC), which was a federally recognized tribal consortium. The Alutiiq Pride Marine Institute (APMI) was a maricultural technical center had operated for over 25 years in Seward, and they had substantially outgrown the capacity at the current facility; they were currently seeking funding to assist with expansion. The lease structure had been complicated for many years; the new lease structure proposed in tonight's resolution was more streamlined, and the term of the lease would be extended, which would help smooth out operations and improve fundraising opportunities. Jeff Hetrick, outside the city, was the director at APML He asked council for their support with this lease. This new lease structure would be paramount for the facility's future. Hetrick invited council members to visit the hatchery and see the operations. 428 City of Seward, Alaska City Council Meeting Minutes March 14, 2022 Volume 41, Page 597 Tara Riemer, inside the city, said there was currently an agreement between the university and the Alaska SeaLife Center (ASLC) which allowed for a shared use of a small sliver of land for emergency access; the ASLC's gate was actually on the university's leased property. She wondered if this situation could be kept in mind if the property was going to be replatted. No one else appeared and the public hearing was closed. Terry supported this resolution, and asked for consideration of the emergency access during the replat process. Chandler said the property could be replatted to include an access easement between the two tenants. Motion Passed Unanimous Resolution 2022-031, Authorizing the Sale of Parcel #14502419 Containing 25.395 Acres to the State of Alaska Department of Transportation and Public Facilities for the Improvement Project NO. Z548570000 in Improving the Seward Airport for the Fair Market Value (FMV) that has been Determined to be $2,000.00. Motion (McClure/Casagranda) Approve Resolution 2022-031 Bower stated an appraisal had been conducted and the fair market value of the parcel was $2,000. The Alaska Department of Transportation (ADOT) had requested to purchase the parcel. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Carol Griswold, inside the city, had several concerns about this resolution. She believed the documentation provided in the packet was largely inaccurate and misleading; she pointed out several discrepancies between the resolution and agenda statement. Griswold asked council to postpone this resolution so that critical corrections could be made. Bruce Jaffa, outside the city, concurred with the previous comments. He didn't want to appear as an obstructionist, although he had previously worked to get the ADOT to accept alternate airport improvement plans. He encouraged council to take more time to review this item before approving it. No one else appeared and the public hearing was closed. Motion to Postpone (Casagranda/McClure) Postpone Resolution 2022-031 to March 29, 2022. Terry asked what impact this postponement would potentially have on the sale. Bower said a postponement would not interfere or cause complications. McClure asked if administration would be able to address the concerns expressed by the next meeting. Bower said she would bring back answers, and would reach out to the state for clarification. 429 City of Seward, Alaska City Council Meeting Minutes March 14, 2022 Volume 41, Page 598 Motion to Postpone Passed Unanimous Council recessed the meeting at 8:24 p.m. Council resumed the meeting at 8:30 p.m. UNFINISHED BUSINESS — None NEW BUSINESS Resolutions Resolution 2022-035, Authorizing The City Manager To Waive Provisions In Seward City Code 7.15.010, For The Seward School Properties, In Order To Accommodate The Need For Overflow Camping On The 4tb Of July Holiday Weekend. Motion (McClure/Casagranda) Approve Resolution 2022-035 Community Development Director Jason Bickling said, in years past, the city allowed overflow camping at the schools during the holiday, and it was very helpful in providing a safe and contained area for visitors. Historically, the schools had taken ownership of managing the process on site. Bickling said the high school principal had reached out and requested permission to allow camping this year. Calhoon appreciated the explanation; he wanted the public to understand that the school had asked this of the city. He was curious if there were alcohol restrictions on school property and stated the city would not be responsible for overseeing or cleaning up. Motion Passed Unanimous Resolution 2022-038, Directing PACAB To Create And Lead An Ad Hoc Committee Of Interested Community Members To Identify Available Funding Sources To Continue The Ground Source/Seward District Heat System Project To Completion. Motion (McClure/Casagranda) Approve Resolution 2022-038 Bower stated that if this committee was created, the committee would be required to adhere to the Open Meetings Act (OMA), all meetings would have to be open to the public and would have to be publicly noticed. Bower said the city's grant writers were actively seeking funding opportunities. McClure wondered if there was a different way that a committee could form, separate from the city. Bower said members of the public could form a committee, and would not be required to follow OMA. McClure followed up by saying that, if an independent committee was created, they could then come back to council and present their results. 430 City of Seward, Alaska City Council Meeting Minutes March 14, 2022 Volume 41, Page 599 Casagranda recalled being on an ad hoc committee in the past, and said it had sometimes stifled the meeting process. She would be interested in asking community members what their thoughts were on creating a committee. Terry thought the intention of this resolution was to create a city committee, but understood from previous citizen comments that the committee wished to operate without the city's restrictions for meetings. Terry wondered how many people might be involved in this committee; she was disappointed that no one was still in the audience to answer questions. Motion to Postpone (Casagranda/Terry) Postpone Resolution 2022-038 to March 29, 2022. Casagranda thought it would be good if someone from PACAB could be available at the next meeting to answer questions. Terry thought PACAB would benefit from having more time to consider what they wanted to accomplish with this committee. Motion to Postpone Passed Unanimous Other New Business Items Non -objection to the renewal of liquor license #324 Beverage Dispensary for The Seward Alehouse. Council Member DeMoss declared a potential conflict of interest because she was the owner of the Seward Alehouse. Mayor Terry ruled that a conflict existed, and DeMoss removed herself from the dais. Motion (McClure/Calhoon) Motion Passed DeMoss returned to the dais. Non -objection to the renewal of liquor license #324 Beverage Dispensary for The Seward Alehouse. Unanimous INFORMATIONAL ITEMS AND REPORTS — None CITIZEN COMMENTS Tony Baclaan, inside the city, wished to follow up on the transportation discussion; he thought there may be grant funding available to support running the shuttle to outside the city. Another idea he had was to make Fourth Avenue a walking street, just during the summer and just in «11 City of Seward, Alaska City Council Meeting Minutes March 14, 2022 Volume 41, Page 600 the downtown area; research had proven that walkable streets were good for business. He thought it would be cool to have seating and tables outside, and he knew that this would then create a parking concern. He suggested using the big gravel lot near the AVTEC welding shop for parking, and having the shuttle run through that lot. Baclaan had just joined the board of the Seward Community Foundation, and said their award banquet would be coming up soon. He was pleased to see council having such productive meetings. Tara Riemer said tonight's meeting had been a joy; she appreciated everyone working together. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Bower said the city was actively searching for grant funding for the heat loop project. Wells appreciated the detailed report on the Title 3 ordinance, and he appreciated the work - being done on the heat loop project. Calhoon thanked everyone for coming to the meeting tonight. Regarding the committee, he wasn't sure that having a city committee was the best approach, and he encouraged citizens to form their own independent committee so they were free to meet. Casagranda thanked Ecklund for a good, detailed report from the borough; she was pleased to hear that Ecklund was trying to help Seward solve the housing crisis. Casagranda thought the housing crisis was twofold: year round housing, and seasonal worker housing. She believed it was the employer's responsibility to secure housing for their seasonal employees. She expressed her condolences on the passing of Sandie Roach. DeMoss thanked Ecklund for her report, and for being such an active assembly representative. She appreciated the discussion and ideas about transportation. She thanked administration for being so great to work with. McClure said she had citizens ask her about the ALPAR program. There would be a history talk on March 17, 2022 at 7:00 p.m. by Lee Poleske at the library about the time Seward had five US Navy ships in town. McClure's last reapportionment committee meeting for the borough would be tomorrow; the committee had been working on the assembly districts and the school districts, and the result of their work would be on the borough ballot in October. Terry recalled that the Kawabe Park gazebo had been built with transportation grants; perhaps the Chamber of Commerce could help find resources to support transportation. Regarding the heat loop project, Terry wondered if the grant opportunities being sought were public/government or private or both. Terry said city offices would be closed on March 28, 2022 in observance of Seward's Day. Happy Birthday to the American Legion. EXECUTIVE SESSION .icy; City of Seward, Alaska City Council Meeting Minutes March 14, 2022 Volume 41, Page 601 Go into executive session to evaluate the city attorney. Motion (Terry/Calhoon) The city attorney was invited to stay. Motion Passed Go into executive session to evaluate the city attorney. Unanimous Council went into executive session 9:00 p.m. Council came out of executive session at 9:21 p.m. ADJOURNMENT The meeting was adjourned at 9:21 p.m. Brenda Ballou, MMC City Clerk (City Seal) Christy Terry Mayor 433 Memorandum Date: March 29, 2022 From: Brenda Ballou, City Clerk RE: City Clerk's Travel Report From March 15-17, 2022, I had the pleasure of attending the Washington Municipal Clerks Association (WMCA) 50th Annual Conference as an "honored guest" in my role of President for the Alaska Association of Municipal Clerks (AAMC). The conference was held in Pasco, Washington; there were approximately 100 attendees (down a bit from their usual 130), and 37 clerks were first timers. I arrived on Tuesday in time to attend the President's Reception and Dinner, which included the WMCA executive board, IIMC Region 9 directors, and the presidents from the City Clerks Association of California (CCAC) and the Oregon Association of Municipal Recorders (OAMR). Wednesday kicked off with the opening ceremonies and the general session. The excitement and joy in the room was palpable because WMCA had not met in person since 2019 — their 2020 conference was cancelled just days before it was scheduled to happen before due to COVID-19. During the lunch break, I delivered a speech to the attendees to update them on AAMC issues; the California and Oregon presidents did the same, as well as the Region 9 directors. The afternoon was filled with educational sessions including Risk Management and Confidentiality in the Workplace. On Thursday, the WMCA held their annual business meeting and that was followed with more educational sessions, including Public Records Requests and Social Media and the Open Public Meetings Act; although state statutes vary between Alaska and Washington, it was still worthwhile. Later in the afternoon, I attended a session to support and encourage attendance for the professional development training at the Northwest Clerks Institute which is held annually in Tacoma, Washington — very few professions provide the opportunity to attend week-long trainings dedicated solely to education and improvement. The evening capped off with a banquet and swearing in of WMCA newly elected officials. Next month, I will have the honor of attending the CCAC Annual Conference in Burlingame, California. This will be their first in person conference since 2019. 434 April 2022 May 2022 April 2022 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 1 2 3 4 5 6 7 3 4 5 6 7 8 9 8 9 10 11 12 13 14 1011 12 13 14 15 16 15 16 17 18 19 20 21 17 18 19 20 21 22 23 22 23 24 25 26 27 28 24 25 26 27 28 29 30 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Mar 27 28 29 30 31 Apr 1 2 3 4 5 6 12:00pm PACAB Mt 7 8 9 7:00pm P&Z Mtg (Regular Meeting) 10 11 12 13 14 15 16 5:30pm CC WS TENTATIVE (Greene Forensic Accounting)pm HPC ork Session ouncil hambers [7:00 HPC7:00pm egular eeting ouncil CC Mtg (Council Cham bers 17 18 19 20 21 22 23 6:00pm P&Z Work Session (Council Chambers 12:00pm PACAB Work Session Chambers 24 25 26 27 28 29 30 7:00pm CC Mtg Cham bers Council Calendar 1 3/23/2022 11:58 AM 435 May 202 May June 22 a Th SuMo TuWFr Sa SuMo TuWTh Fr Sa e Th 1 2 3 4 5 6 7 1 2 3 4 8 9 10 11 12 13 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 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY May 1 2 3 4 5 6 7 IIIII 7:00pm P&Z 12:00pm PACAB Mtg (Regular Mtg (last Meetings meeting before hiatus 8 9 10 11 12 13 14 7:00pm CC Mtg^ 6:00pm HPC (Council Work Session Chambers (Council Chambers 7:00pm HPC Regular Meeting Council 15 16 17 18 19 20 21 6:00pm P&Z 12:00pm PACAB Work Session Work Session (Council Chambers Chambers 22 23 24 25 26 27 28 7:00pm CC Mtg Cham bers 29 30 31 Jun 2 3 4 HOLIDAY I (Memorial Day) Council Calendar 2 3/23/2022 11:58 AM 436 22 June 2022 SuMo June July TuWe Th Fr Sa SuMo TuWe Th Th Fr Sa 1 2 3 4 1 2 5 6 7 8 91011 3 4 5 6 7 8 9 12 13 14 15 16 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 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY May 29 30 31 Jun 1 2 3 4 5 6 7 8 9 10 11 7:00pm P&Z 6:00pm HPC Mtg (Regular Work Session Meeting) (Council Chambers 7:00pm HPC Regular Meeting Council 12 13 14 15 16 17 18 7:00pm CC Mtg (Council Chambers 19 20 21 22 23 24 25 6:00pm P&Z Work Session (Council Chambers 26 27 28 29 30 Jul 1 2 7:00pm CC Mtg Cham bers Council Calendar 3 3/23/2022 11:58 AM 437