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HomeMy WebLinkAbout10252010 City Council Packet Seward City Council Agenda Packet Happy Halloween October 25, 2010 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 The City of Seward, Alaska d CITY COUNCIL MEETING AGENDA � wi- America city cT,:6�?' I p [ r {Please silence all cellular phones and pagers during the meeting} October 25, 2010 7:00 p.m. Council Chambers 1. CALL TO ORDER Willard E. Dunham 2. PLEDGE OF ALLEGIANCE Mayor 3. SWEARING IN OF NEWLY ELECTED COUNCIL MEMBERS Term Expires 2011 4. ROLL CALL 5. CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE Jean Bardarson ITEMS SCHEDULED FOR PUBLIC HEARING. [Those who have Vice Mayor signed in will be given the first opportunity to speak. Time is limited to 2 Term Expires 2012 minutes per speaker and 30 minutes total time for this agenda item.] 6. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval Robert Valdatta of Consent Agenda passes all routine items indicated by asterisk ( *). Council Member Consent Agenda items are not considered separately unless a council Term Expires 2011 member so requests. In the event of such a request, the item is returned to the Regular Agenda] Tom Smith Council Member 7. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Term Expires 2011 A. Proclamations and Awards 1. Parks and Recreation Conference Awards Pg. 4 Vanta Shafer a. TYC Councils Day P 5 Council Member b. TYC Council ARPA Award: Outstanding Organization...Pg 6 Term Expires 2011 c. Shareen Adelmann: ARPA Bob Robertson Service Award.. Pg. 7 Marianna Keil d. Melanie Hauze: ARPA Professional Award Council Member 2. Appreciation Certificate for outgoing Chamber of Commerce Term Expires 2012 Director Laura Cloward Pg. 8 B. Borough Assembly Report Ristine Casagranda C. City Manager's Report Council Member D. City Attorney Report Term Expires 2012 E. City Clerk Report F. Mayor Report G. Chamber of Commerce Report Phillip Oates H. Other Reports and Presentations City Manager 1. Update of the Solly's Building from project formerly known as the Mary Lowell Center by Jeff Mow. Jean Lewis City Clerk 8. PUBLIC HEARINGS A. Ordinances for Public Hearing and Enactment Cheryl Brooking City Attorney 1. Ordinance 2010 -007, Amending various portions of Seward City Code 15.20 signs to change, update and accommodate the wishes of the public. Pg. 9 9. UNFINISHED BUSINESS — None City of Seward, Alaska Council Agenda October 25, 2010 Page 1 10. NEW BUSINESS A. Resolutions 1. Resolution 2010 -098, Authorizing The City Manager To Enter Into A Contract For Construction Manager /General Contractor Services For The Library Museum Replacement Project With PCL Construction Services, Inc. And Appropriate Funds In An Amount Not To Exceed $42,900 .Pg 14 *2. Resolution 2010 -099, Authorizing The City Manager To Apply For A Denali Commission Grant In The Amount Of $100,000.00 For Design Funding To Replace A, B, C, D, And S Floats And The South Launch Ramps In The Seward Small Boat Harbor Pg 46 3. Resolution 2010 -100, Approving Emergency Repairs In The Amount Of $330,886 For Flood Damage At The Lowell Creek Bridge And Appropriate Funds Pg 58 4. Resolution 2010-101, Authorizing The City Manager To Enter Into A Second Amendment To The 'Quarry Agreement With West Construction Company To Produce Additional Type II Rip Rap And Type III (Cobbles) For The North Forest Acres Levee /Road Project, And Appropriate Funds Pg 85 5. Resolution 2010 -102, Approving The City Of Seward's Calendar Year 2011 State Legislative Priorities Pg 102 6. Resolution 2010 -103, Approving The City Of Seward's Calendar Year 2011 Federal Legislative Priorities Pg 109 7. Resolution 2010 -104, Approving The City Of Seward's Calendar Year 2011 City Priorities Pg 114 B. Other New Business Items 1. Nominate, elect and swear -in a member as Vice -Mayor Pg 121 2. Mayor appoints Board and Commission liaisons Pg 122 3. Discuss the Public Works shed. 11. INFORMATIONAL ITEMS AND REPORTS (No action required) A. Survey questions for economic town hall meeting Pg 123 B. Letter sent to the Denali Commission by Mayor Dunham C. Certificate of Appreciation to the City of Seward by the US Dept. of Energy's Office of Intelligence and Counterintelligence. D. Thank you and Congratulations letter to the Fire Departments for successful Alaska Fire Conference. 12. COUNCIL COMMENTS 13. CITIZENS' COMMENTS [5 minutes per individual - Each individual has one opportunity to speak] 14. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS City of Seward, Alaska Council Agenda October 25, 2010 Page 2 15. EXECUTIVE SESSION A. Go into executive session to discuss financial impacts that may result from the recent Federal Long Term Care Survey Results, where the immediate knowledge of which, could have an adverse effect on the finances of the City. B. Go into executive session to discuss the hiring of city clerk applicant Johanna Kinney as City clerk to replace Jean Lewis based on successful salary and contract negotiations. 16. ADJOURNMENT City of Seward, Alaska Council Agenda October 25, 2010 Page 3 leil iL �e� , I •e ,��e� ' * • ;• ', : . : I .•401 '� ' �e�� 0 '. `: ..,ee �' 1' � ' � 411. '' •e•: 1, •e '� 41•$' 1.%1• ": • e � e e� �� ' ► '� , � , .. 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AVa.o1. ,r"i ��r� 4,AVPi 1:•••YrV�V /VVV ......,•W / _ LZ� - . • ''.I / /, '� WHEREAS, City of Seward Parks and Recreation Department has mentore � `' ` '. aa� =� �saa/ ° <•:, > )) youth and teens through organized, volunteer service councils; and (c :� • ■ ,- : a=?` ~ " r }-,)) WHEREAS, the Teen & Youth Center division of the department l ea ds 4-7-, _. = = .� 1 04- fir c e• : /ri . ,f:' 7 ?) councils in skill-development, ........,-:--,.-4,... . . , IV) evelopment, communi serv l roles and ;:;• ``k'k'': -�) recreational activities; and ( ;:J; WHEREAS, the Teen C attracts high school age students i nto resume 4!;, ? )) building, leadership and scholarship possibilities and Teen Council members cc ; :' `` a�) ass the elementary age children in homework help , and ;;::::::7::::41.4::::.; 4;,, .\ �� a WHEREAS, the year 2010 ma rks the 25 anniversary of the Teen Council, � c • "� -• _ = �.;, . : =») a nd << -= :'stizt•- �) < >'� �) WHEREAS, the Junior Council age ( successfully guides middle school ag %,�., v ° ?)) students into snack room sales, inventory and customer service skills and event (.. =_= : ►,o,:j:. hosting and planning; and '_- =i' �) g P g' � (c Q p .as. a' - G . -, ' ° a» WHEREAS, the Youth Council coaches 5th and 6t grade students in the ( . ; :. • . • /.:.��� ..tee . • • - :z: : introduction of teamwork and council work, event decoration and planning; and (c ' •_- _i?:� ( c :_::ter • �) (c ._ W.f.. �) WHEREAS, all three councils participate i n the above l lessons, serving ( ( '$ , / < Cc� i , ,:: � C •:..a; :r `\eta �. ' ' >�'': --) • thousands of hours of volunteer work, earning merit points and up to $8,000 per •' • \ year in fund - raising; and - (ice v ' WHEREAS, the community of Seward takes great town pride in the serv , - .;;, • ,C�Q�, .:. 7)) and leadership of our future: our youth and young adults. (c ` ,, .. 1aa r_ __`tom 7)) / �(C .%� /P /.1 • .•. %�_e• . ((. ., N OW THEREFORE, I, Willard E. Dunham, Mayor of the City of Seward, _ :o * ir r r ' r ��) Alaska, do hereby proclaim Monday, October 25, 2010 to be -. __o• •:` =� TYC Councils Day i) ( � %' %,; •rr/,; %rte,. ») i n the City of Seward, and urge all citizens to recognize and thank our Councils (� • 11 / �t a) ' ( �w ail w. for their dedication, commitment and hours of service. (ic' ) Dated this 25th day of October, 2010. 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U11...k.. . %I c ∎ • ∎ . / 1 1 U1' . ..∎ •• J.1 .. c citg t_ r.� ►v,,IWOv'v'vv'vvw'v'v'v ' vvvv"v v v �f • 4 � _ • t v.v.v � v .v.v� Gw ev.v..��.°.v v. • .40.0. ��i° oa ♦• e ° e Z� w V V . °`�"` °' • = '> > PROCLAMATION ,i c= __ ` _ '-' .4,.1 0 /.: kE Tli• t •, , ma. , j e ` ` ` t _iv WHEREAS, City of Seward Parks and Recreation Department recently (? °' } » st e d the Alaska Recreation &Park Association's state education conference; and (« % %` -- •• *4214;4! r / .5: WHEREAS, the ARPA Awards presentat traditionally punctuate -- .\;, , , • ; ;;• - y`` : >, conference and year's activities; and � (tC 0 \ti e = aa r, 4 '' j �Zo 4�� Y i °ii j °se • \ • t ' -- WHEREAS, the Seward Teen & Youth Center Teen Counc i s et:: N �,:,.ti. = ebrating its 25 year of service, contributes thousands of volunteer hours and ra :;;:, zS5 •f >' • •usands of dollars, such as the Pumpkin Prowl, the Halloween Carnival, Breakfast ,r tC �a (tC_ b iie 7 i %�, ...4"•=•=4 � • -_ ), h Santa, Kids' Carnival, races and dances, Easter Egg Hunts, the Community (icy p. ;' �; % ' �j+' • upon book and more; and i .' - = °:'` '�`= ;fi : >. :�_) • ' t' ' ') WHEREAS, members of the Teen Counc and Jun Council / $; �b S sented an educational session called TEEN ZONE regarding teen decisions and (tc e �• / f= . ;;•:- - = = ?12• grams at the ARPA Conference; and soed Vii: r f :' a) t w s . • »i io is • ®•. r � / / /i 7) (tC aa� °a t WHEREAS, members of the Youth Council celebrated with a dance (tom " °�' ° • t k • : sentation at the vendor's lunch; and �;==== =: Vii) WHER EAS, th ARP Awards Committee selected the TYC (t "- " � - ' ~ Councils om °' '�' winners of the ARPA Outstanding Organization Award feet: t •a�. e ��.� 1 Z r - Z •' r .:0 �isss�i °a. ■ # 9 4.•-.7.7,7:::::•..- - ti Y eee . - NOW THEREFORE, I, Willard E. Dunham, Mayor of the City o EC _,)� •. �J-.. /° ~ off' c7 /,,F �,,,.. ��ward, Alaska, do hereby congratulate the TYC Teen, Junior and Youth Councils. \\ + '` (1' �aae \" z \. r$ We re -award this plaque to all three Counc members and City of Seward d � ,t� p q y 0-6-1 ' = m.: . • _r�� ployees who guide and mentor our youth and teens. We urge all citizens to recognize (tom _ --r ♦ • °o�. (t ° ° • y�• thank our Councils for their dedication, commitment and hours of service. > , • • •• ■ :/0000 -.») (« •`: a.e � :: :� ! • • �Z + ��,j.ted this 25th day of October, 2010. d °° osse j)) (tC r " ewe. � �j'�° ° » THE CITY OF SEWARD, ALASKA ( o :: . sk i �y ..4* 3. 0 tC \ aa' • / -- . ` r % „ :; `') Willard E. Dunham, Mayor (tcc '' = s aaZ = � \te vc- „.„0,01.-. :: Aro°. / ° r s. 0:11:4 ,.. 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M 4 1%0` 1, 0. lots.4S :1181 , Z� `:11; ,4 ' .�1 10 1 1 . 1 4 1 /4 e e N 1 1 i\v ; 9 14 ► 4eO/1 I L ak , /l/ i a e ai /: .• o' 1•s 4.4:41 . /, °/ ,04 0 44 / \ 1 . 0 0 041 4'4 /` es ss4 4 . 4 4P1s1. .Os 4 � 4 / 0 0b t • . 4.1,4•4•;06) , 'tla 140.004141'. it 'a/1� 1 ..,. : • /4, ....e......* / . , a ::•4� /4: --s a :6:•�O�i /,�: '.�saree�•�Qo ►:,. • / ` ' o �4 {�4�•1�4p�, "IC A A i WHEREAS, City of Seward Parks and Recreation Department recently hosted the Alaska Recreation & Park Association's state education conference; and WHEREAS, the ARPA Awards presentations traditionally punctuate the conference and year's activities; and (•!, WHEREAS, Shareen Adelmann has thrice served as Operations Chair of (-Is the conference, several committee positions, board positions and leadership roles. Shareen has taught a number of educational sessions at , ARPA Conference and coordinated many others; and (i WHEREAS, Shareen's nomination form read, "Shari's the best! She is so important to Seward's youth. She continues to learn, grow and care about the development of youth and adults in our community. We could not accomplish all that we do without her color - coding and attention to details, ( 4, her leadership, her dreaming and her motto, "What should we do this year (i to make it even better ?" ; and WHEREAS, the Bob Robertson Service Award is presented only when applicants score certain points based on strict professional, personal and community contributions and leadership; and WHEREAS, the ARPA Awards Committee selected Shareen as winner of the difficult -to -win ARPA Bob Robertson Service Award NOW THEREFORE, I, Willard E. Dunham, Mayor of the City of -n Seward, Alaska, do hereby congratulate Shareen M. Adelmann. We re -award this plaque to Shareen Adelmann. We urge all citizens to o f recognize and thank Shareen for her commitment, vision, mentoring and k r (i leadership. 'r) Dated this 25th day of October, 2010. THE CITY OF SEWARD, ALASKA - Willard E. Dunham, Mayor 6 PROCLAMATION 1 =_ WHEREAS, City of Seward Parks and Recreation Department recentl c� hosted the Alaska Recreation & Park Association's state education conference ' ' and WHEREAS, the ARPA Awards presentations traditionally punctuate th.` conference and year's activities; and WHEREAS, Melanie Hauze has served within the Recreation Service- Section, and leadership roles hosting the 2010 conference, Melanie has taught .■ . - number of educational sessions at ARPA Conferences, and Melanie was recent! r' elected to the ARPA Board as Treasurer; and C� WHEREAS, Melanie's nomination form read, "This recipient is capable to do anything: sing, dance, resolve, persuade, assist, lead, coordinate, teach, learn help, push, cajole and welcome "; and C J WHEREAS, the Professional Award is considered ARPA's most prestigious ,F;) award; and WHEREAS, the ARPA Awards Committee selected Melanie as winner of the ARPA Professional Award NOW THEREFORE, I, Willard E. Dunham, Mayor of the City of Seward Alaska, do hereby congratulate Melanie Hauze. ( We re -award this gold pan to Melanie Hauze. We urge all citizens to recogniz and thank Melanie for her work, commitment, attention to detail and carin: customer service. Dated this 25th day of October, 2010. �►� THE CITY OF SEWARD, ALASKA (4 - Willard E. Dunham, Mayor 1 P7 CITY OF SEWARD CERTIFICATE OF APPRECIATION PRESENTED TO L aura Cloward For Her Years of Service to Seward as the Director of the Chamber of c, Commerce. e d Cil Rgnward's ity ution Th And Appreciates City ounc Her Tire Eff Clo orts at the Sewar Chamber of Commerce. Presented on this 25t day of October, 2010 r 1 0V sett, 4 ., Willard E. Dunham, Mayor Y Lgs1l� AZI4 Sponsored by: Planning and Zoning Commission Introduction Date: October 11, 2010 Public Hearing Date: October 25, 2010 Enactment Date: October 25, 2010 CITY OF SEWARD, ALASKA ORDINANCE 2010 -007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING VARIOUS PORTIONS OF SEWARD CITY CODE 15.20 SIGNS TO CHANGE, UPDATE AND ACCOMMODATE THE WISHES OF THE PUBLIC WHEREAS, the Seward City Sign Code has not been updated in over 10 years; and WHEREAS, the Planning and Zoning Commission held numerous public work sessions on Title 15 updates, July 6 and July 20, 2010 specifically addressed 15.20 Signs; and WHEREAS, the Planning and Zoning Commission wishes to respond to the concerns and requests of the public and promote economic growth; and WHEREAS, it is in the public interest to maintain a city code that reflects community needs; and WHEREAS, at its September 7, 2010 meeting, the Planning and Zoning Commission held a public hearing and recommended City Council approval of the proposed Sign Code amendments. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Sign Code is hereby amended to read as follows: Title 15.20 Signs is hereby amended as follows (St-Filethreughs = deletions and are bold, Underline = additions and are bold Italic): 15.20.015. Definitions Flashing sign. A sign which contains an intermittent or sequential flashing light source. ! . .. ... . . .... •, • 15.20.025. Requirements applicable to all signs. L. Freestanding signs are subject to the following limitations: 1. maximum height of 20 feet or the height of the building, whichever is less; 2. one per parcel; 9 CITY OF SEWARD, ALASKA ORDINANCE 2010 -007 Page 2 of 4 3. only allowed within front yards and or side yards which are adjacent to a street. O. Projecting signs (fin or right angle suns) are subject to the following limitations: 1. one per pedestrian entrance; 2. maximum height of 20 feet or the height of the building, whichever is less 3. shall not extend over a public sidewalk in excess of the width of the sidewalk; 4. shall maintain a clear vertical distance above the nearest grade by a minimum of 8 feet. 15.20.030. Signs allowed without permits. P. wall and freestanding murals which are purely decorative in nature and content, and do not include advertising by picture or verbal message; R. temporary signs for the purposes listed below which shall be removed upon completion of the activity or project denoted by the sign: 1. grand opening and sale signs may be posted for not more than 30 days; these signs may include banners, flaws, pennants, ribbons, streamers, or balloons. 15.20.035. Prohibited signs. F. portable signs, except sandwich boards provided that they do not exceed ten square feet per side and are located entirely on private property; H. flashing and animated signs; except time and temperature; and except open signs placed inside a window; I. any sign with incandescent lamp bulbs exposed to view, with or without internal or external reflectors; not to include neon signs as allowed in other sections of Title 15; 15.20.040 Sign standards by zoning district which require permits. B. Office residential, auto commercial, and industrial districts 2. For all permitted uses, or legal nonconforming uses, the combined square footage of signs shall not exceed one square foot per lineal foot of property street frontage, to a maximum of two hundred square feet per frontage parcel. • t CITY OF SEWARD, ALASKA ORDINANCE 2010 -007 Page 3 of 4 5. Freestanding, projecting and marquee signs, if internally illuminated, shall not exceed thirty two square feet in area per side; otherwise, a maximum of fifty square feet per side is allowed (see § 15.20.025 L. or (0) for freestanding or projecting sign limitations). C. Central business district. For all permitted or legal nonconforming uses, the following limitations shall apply: 1. Combined square footage of signs shall not exceed two square feet per lineal foot of street frontage, to a maximum of two hundred square feet per parceL Marquee signs --and or projecting signs, which project over a public right - of-way may not extend farther toward the street than the marquee or the width of the sidewalk and may not exceed 25 square feet in area (see sectionL 15.20.030(k) for under- marquee signs, 15.20.025(o) for projecting signs.) (d) Harbor commercial district. 1. The following property frontages may be combined at one square foot per lineal foot of frontage to a maximum of two hundred square feet of signage per parcel: a. A street; b. The harbor basin; c. The public boardwalk; -er d. Where a building faces toward a street but does not abut it; or e. A public parking lot, . • • . • • - . . • . • . ... • • • • frontage. (4) Marquee or projecting signs, which project over a public right - of-way may not extend farther toward the street than the marquee or the width of the sidewalk and may not exceed twenty five square feet in area (see sections 15.20.030(K) for under - marquee signs, 15.20.025(0) for projecting signs). Section 2. This ordinance shall take effect ten (10) days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 25 Day of October, 2010. THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor 1I • Council Agenda Statement Meeting Date: October 11, 2010 r r o c sE Through: Phillip Oates, City Manager u From Christy Terry, Community Development Director a wP Agenda Item: Amending Seward City Code 15,20 Sign Code BACKGROUND & JUSTIFICATION: For two years the Planning and Zoning Commission has held numerous public work sessions reviewing Title 15 of the Seward City Code, including two work sessions specifically in review of Section 15.20 Signs, July 6 and July 20, 2010. At the September 7, 2010 Planning and Zoning Commission meeting the Commission unanimously approved P & Z Resolution 2010 -12 recommending staff forward the attached Ordinance to City Council for enactment. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. INTENT: This proposed Code change would update and incorporate public requests by amending several sections of the current City Sign Code. ATTORNEY AND STAFF REVIEW: YES X No FISCAL NOTE: Passage of this ordinance has no fiscal impact. Approved by Finance Department: 69.41aZ 41..ef RECOMMENDATION: Council introduces Ordinance 2010- D0r7 , amending several sections of the Seward City Code 15.20, Signs, conducts a public hearing and adopts Ordinance 2010- Ob 1 . 2 Sponsored by: Staff CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 201042 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION, RECOMMENDING CITY COUNCIL AMEND VARIOUS PORTIONS OF TITLE 15.20 SIGNS OF THE SEWARD CITY CODE WHEREAS, the Planning and Zoning Commission has held numerous public work sessions to update the Seward City Code; and WHEREAS, the public notification process has been complied with. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission recommends Council approve the attached Ordinance 2010- _, amending various portions of Title 15.20 Signs; and. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zonin Co day of September 2010. g mmission this 7th THE CITY OF SEWARD Sandie Roach', Chair AYES: DeMarco, Heinrich, Ecklund, Roach' NOES: None ABSENT: Morgan ABSTAIN: None ' ��.�ass p VACANT: Two # 44 Of sFhr ��i, ATTEST: • .`'�Ci � • et" . s ' 1 1,* SEAL •; Je Lewi CM ) �'p • Clerk •• ��j.� 1 kr �� •cal `3 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2010 -098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR CONSTRUCTION MANAGER/GENERAL CONTRACTOR SERVICES FOR THE LIBRARY MUSEUM REPLACMENT PROJECT WITH PCL CONSTRUCTION SERVICES, INC. AND APPROPRIATE FUNDS IN AN AMOUNT NOT TO EXCEED $42,900 WHEREAS, in accordance with Seward City Code 6.10.310 the City of Seward submitted a request for proposals for Construction Manager /General Contractor (CM/GC) services for the library museum replacement project; and WHEREAS, the City received ten proposals and reviewed the proposals based on the criteria approved by Council and included in the RFP; Similar Project Experience, Project Team and Key Personnel Experience, Management Plan, Pre - construction Services Plan, Value Engineering /Project Estimating, Quality Control, Facility Management and Preventative Maintenance Plan, Capacity, Claims History, Price Proposal- Percentage Based Fee, and Price Proposal Guaranteed Maximum Price (GMP) for Pre - Construction Services; and WHEREAS, following the review and evaluation, a short list of proposals, which most nearly met the requirements and received the most points under the selection criteria approved by Council, was developed in accordance with SCC 6.10.335; and WHEREAS, upon receiving the clarifying information, PCL Construction Services received the most points and remained the highest ranked of the proposers; and WHEREAS, PCL has submitted a fee proposal to provide CM /GC services through design development for thirty -nine thousand dollars ($39,000); and WHEREAS, an additional 10% contingency is being included for a total amount not to exceed forty two thousand nine hundred dollars ($42,900); and WHEREAS, included with the RFP was notice to the contractor that the GMP for Construction Services will return to Council for approval and if the City of Seward was unable to reach agreement on the GMP with the pre - construction services contractor, the City would proceed with a different procurement method and /or a different contractor. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: 4 CITY OF SEWARD, ALASKA Resolution 2010 -098 Page 2 of 2 Section 1. The City Manager is authorized to enter into a contract with PCL Construction Services in substantial form as attached hereto to provide CM/GC services for a cost not -to- exceed thirty -nine thousand dollars ($39,000) plus an additional 10% contingency is being included for a total amount not to exceed forty two thousand nine hundred dollars ($42,900), and appropriates funds from the Library /Museum Fund account no. 626 -626x- 4680 -0200 to contracted services account no. 626 -626X -5390. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 25th day of October, 2010. THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Jean Lewis City Clerk, CMC (City Seal) r .i` Council Agenda Statement a � Of Sett, Meeting Date: October 25, 2010 4 Through: City Manager Phillip Oates - 4 �A51� P From: Community Development Director Christy Terry Agenda Item: PCL Construction Services, Inc. per - construction services for the new co- located Library Museum Facility BACKGROUND & JUSTIFICATION: Since 2003, the City of Seward, Seward Community Library Association and the Resurrection Bay Historical Society have been planning to co- locate the Community Library and the Seward Museum to a new facility. Co- location will create efficiencies of service and space as well as providing the amount of space needed to meet the existing and future needs of these organizations. It is the intention of the City to utilize a Construction Manager /General Contractor approach to the design and construction of this project. After several months of careful development with RISE, ECI /flyer, the Project Executive Committee and City staff, the City issued a Request for Proposals to select a Construction Manager /General Contractor (CM/GC) for the construction ofthe new library museum. The selected CM/GC will join the City of Seward and design team at the earliest possible date to assist with cost effective design development. In accordance with Seward City Code 6.10.310 the City of Seward submitted a request for proposals for CM/GC for the library museum replacement project. Ten proposals were reviewed by the selection committee which included members of the Library Museum Project Executive Committee. Following the review and evaluation, a short list of proposals, which most nearly met the requirements and received the most points under the selection criteria approved by Council, was developed in accordance with SCC 6.10.335. Upon receiving the clarifying information, PCL Construction Services, Inc. (PCL) received the most points and remained the highest ranked of the proposers. This resolution authorizes the City Manager to enter into a contract with PCL for pre - construction services only. Following the issuance of construction documents, the City will then work with PCL to develop a Guaranteed Maximum Price for Construction Services that will return to Council for approval and fund appropriation. It was clearly stated in the RFP that if the City is unable to reach agreement on a GMP for Construction services, the City reserved the right to abandon negotiations, pay for the Pre - Construction Services rendered, and proceed with a different procurement method and /or a different contractor. INTENT: Authorize the City Manager to enter into a contract with PCL Construction Services, Inc. to provide CM/GC services for a cost not -to- exceed thirty -nine thousand dollars ($39,000) plus an additional 10% contingency for a total amount not to exceed forty two thousand nine hundred dollars ($42,900); and appropriate the necessary funds. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. i 0 FISCAL NOTE: This action proposes to utilize funds accepted from the State of Alaska for the purpose ofpre - construction services. This action appropriates for the contract with PCL for $39,000 with an additional 10% contingency of $3,900 for a total of $42,900. Approved by Finance Department: e/..(4 ATTORNEY REVIEW: The City Attorney did not review this resolution and agenda statement, however did assist in the review of the RFP including contract. RECOMMENDATION: Approve Resolution 2010 -q ', authoring the City Manager to enter into a contract for construction manager /general contractor services for the Library Museum replacement project with PCL Construction Services, INC. and appropriating funds in an amount not to exceed $42,900. Y Seward Community Library Museum Construction Manager /General Contractor Services Seward Community Library Museum Evaluator 1 Evaluator2 Evaluator3 Evaluator4 EvaluatorS Evaluator6 Evaluator Total Constfee pre -fee Total Rank COMPANY: �r a l a Selection Criterion polntO warded hwr04 Qwardadd94, ";of 44.0. ded';' Wpoints"n f i:4;nnAvardea 4point %A 7 ' W gvgoUtq. jo_ Mtli , ■ , )r.141 . 3441. ° wwdZdsk 1 Alcan General 100 112 136 150 139 145 782 129 55 966 2 2 AMI 97 113 122 144 138 100 714 129 60 903 5 3 Blazy 138 122 141 160 139 s 150 850 0 0 850 7 4 Criterion 110 100 111 137 132 135 725 0 60 785 8 5 Dowland 90 91 83 118 116 100 598 0 47 645 10 6 G &5 127 110 137 157 130 135 796 0 57 853 6 7 Harmon 114 127 102 142 117 105 707 0 60 767 9 B Jay -Brant 146 118 146 157 141 150 858 26 47 931 3 9 PCL 116 98 115 147 134 145 755 180 43 977 1 10 Unit 110 115 121 150 125 135 756 129 40 925 4 Contractor Pre -con Fee Construction Fee Score x6 Score x 6 Alcan $ 17,927.00 9.2 55.2 4 21.4 128.6 AMI $ 10,000.00 10.0 60.0 4 21.4 128.6 Blazy $ 109,450.00 0.1 0.3 6.784 -26.3 -157.8 Criterion $ 10,000.00 10.0 60.0 7 -30.0 -180.0 00 Seward Community Library Museum Construction Manager /General Contractor Services Seward Community Library Museum Evaluators Evaluator2 Evaluator Evaluator4 Evaluator5 Evaluators Evaluator Total Constfee ' pre-fee Total Rank COMPANY: Selection Criterion Crits Av rarded r�O tPktta AviiriMd.N i VOlnts"AWddad . `:' IolniiAwarded c y: ?P litll�'iiiiili{ A ff - o i .i, v mm �' 't+' �f - POkr� „- R c. � �. „ r PPlntt AWavdad .. �,. n `A ; e 1 Alcan General 100 133 138 150 141 145 807 129 55 991 2 8 Jay -Brant 140 138 123 157 141 150 849 26 47 922 4 9 PCL 116 138 126 147 137 145 809 180 43 1032 1 10 Unit 117 133 139 153 133 140 815 129 40 984 3 Contractor Pre -con Fee Construction Fee Score x6 Score x 6 adjusted Alcan $ 17,927.00 9.2 55.2 4 21.4 128.6 129 Jay -Brant $ 31,540.00 7.8 47.1 5 4.3 25.7 26 PCL $ 39,000.00 7.1 42.6 3.5 30.0 180.0 180 Unit $ 43,500.00 6.7 39.9 4 21.4 128.6 129 (.0 CITY OF SEWARD LIBRARY AND MUSEUM PROJECT PRECONSTRUCTION PHASE SERVICES AND CONSTRUCTION PHASE WORK CONTRACT This Contract is made and entered into this 18th day October, 2010, by and between the City of Seward, hereinafter "Owner" or "City," a general law municipality located at 410 Adams Street, Seward, Alaska 99664, and PCL Construction Services, Inc., whose address is 1400 Benson, Suite 510, Anchorage AK 99503, and who is licensed and qualified to do business within the State of Alaska, hereinafter called "Contractor ". The City agrees to engage the Contractor to perform those services described herein, for preconstruction phase services and construction phase work, hereinafter "Work ". All of the Work is described in the design documents developed by the Architect: the 35% Schematic Design documents attached to this Contract in electronic form as Exhibit A. The Project Manager is: RISE Alaska, LLC 880 H Street, Suite 101 Anchorage, Alaska 99501 The Architect is: ECI Hyer, Inc. 101 Benson Blvd, Suite 306 Anchorage, Alaska 99503 The Owner and Contractor agree as set forth below: 1 r 0 TABLE OF CONTENTS ARTICLE 1 GENERAL PROVISIONS 4 § 1.1 RELATIONSHIP OF PARTIES 4 § 1.2 GENERAL CONDITIONS AND SPECIAL CONDITIONS 4 ARTICLE 2 CONTRACTOR'S RESPONSIBILITIES 4 § 2.1 PRECONSTRUCTION PHASE 4 § 2,2 GUARANTEED MAXIMUM PRICE PROPOSAL AND CONTRACT TIME 6 § 2.3 CONSTRUCTION PHASE 9 § 2.4 PROFESSIONAL SERVICES 10 § 2.5 HAZARDOUS MATERIALS 11 § 2.6 REQUIRED PERSONNEL 11 § 2.7 FINANCIAL ARRANGEMENTS 11 ARTICLE 3 OWNER'S RESPONSIBILITIES 12 § 3.1 INFORMATION AND SERVICES 12 § 3.2 PROJECT MANAGER 13 § 3.3 ARCHITECT 13 § 3.4 LEGAL REQUIREMENTS 13 ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES..13 § 4.1 COMPENSATION 13 14 § 4.2 PAYMENTS ... ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES 14 § 5.1 COMPENSATION 14 § 5.2 GUARANTEED MAXIMUM PRICE 14 § 5.3 CHANGES IN THE WORK 15 ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE 15 § 6.1 COSTS TO BE REIMBURSED 15 § 6.2 COSTS NOT TO BE REIMBURSED 18 § 6.3 DISCOUNTS, REBATES AND REFUNDS 18 § 6.4 ACCOUNTING RECORDS 19 ARTICLE 7 CONSTRUCTION PHASE 20 § 7.1 PROGRESS PAYMENTS 20 § 7.2 FINAL PAYMENT 21 ARTICLE 8 INSURANCE AND BONDS 22 § 8.1 INSURANCE REQUIRED OF THE CONTRACTOR 22 § 8.2 NOT USED 22 § 8.3 PERFORMANCE BOND AND PAYMENT BOND 22 ARTICLE 9 MISCELLANEOUS PROVISIONS 23 § 9.1 DISPUTE RESOLUTION 23 § 9.2 OTHER. PROVISIONS 23 ARTICLE 10 TERMINATION OR SUSPENSION 23 § 10.1 TERMINATION 23 2 § 10.2 NOT USED 24 § 10.3 NOT USED 24 ARTICLE 11 OTHER CONDITIONS AND SERVICES 24 § 11.1 MISCELLANEOUS 24 ARTICLE 12 CITY OF SEWARD ACKNOWLEDGMENTS Exhibit A Seward City Library Museum Request for Proposals for General Contractor and Construction Management Services, Addendum #1, and Addendum 42 and the Contractor's proposal response. Exhibit B 35% Schematic Design Documents Exhibit C General Conditions Exhibit D Supplementary Conditions Exhibit E Geotech Report • 3 9 ti ARTICLE 1 GENERAL PROVISIONS § 1.1 RELATIONSHIP OF PARTIES The Contractor accepts the relationship of trust and confidence established with the Owner by this Contract, and covenants with the Owner to furnish the Contractor's reasonable skill and judgment and to cooperate with the Architect and the Project Manager (defined in Section 3.2) in furthering the interests of the Owner. The Contractor shall furnish Preconstruction Phase services outlined in Section 2.1 of this Contract and Construction Phase services outlined in Section 2.3 of this Contract. The Contractor will use its best efforts to perform the Work in an expeditious and economical manner consistent with the interests of the Owner. The Owner shall endeavor to promote harmony and cooperation among the Architect, the Project Manager, the Contractor and other persons or entities employed by the Owner for the Project. § 1.2 GENERAL CONDITIONS AND SPECIAL CONDITIONS For the Construction Phase (including any portion of the Construction Phase that proceeds concurrently with the Preconstruction Phase), the General Conditions and Special Conditions of this Contract shall be the standard CITY OF SEWARD General Conditions and Supplementary Conditions, which are incorporated herein by reference. ARTICLE 2 CONTRACTOR'S RESPONSIBILITIES The Contractor shall perform the services and provide the Work as described in the Contract Documents. The services specified in Sections 2.1 and 2.2 are to be provided in the Preconstruction Phase. The Work specified in Section 2.3 is to be provided in the Construction Phase. If the Owner and the Contractor agree, the Construction Phase may commence before the Preconstruction Phase is completed, in which case both Phases will proceed concurrently. § 2.1 PRECONSTRUCTION PHASE § 2.1.1 PRELIMINARY EVALUATION The Contractor shall provide a preliminary evaluation of the Owner's Work budget and schedule requirements, each in terms of the other. § 2.1.2 CONSULTATION The Contractor, the Project Manager, and the Architect shall jointly schedule and attend regular meetings (twice a month as a minimum) with the Owner. The Contractor shall consult with the Owner and Architect regarding site use and improvements and the selection of materials, building systems and equipment. The Contractor shall provide recommendations on construction feasibility, actions designed to minimize adverse effects of labor or material shortages or harsh weather conditions, time requirements for procurement, installation and construction completion, and factors related to construction cost, including estimates of alternative designs or materials, preliminary budgets and possible economies. § 2.1.3 PRELIMINARY CONSTRUCTION SCHEDULE When Work requirements described in Section 3.1.1 have been sufficiently identified, the Contractor shall prepare, and periodically update, a preliminary construction schedule for the Architect's review and the Owner's approval. The Contractor shall (a) obtain the Architect's approval of the portion of the preliminary construction schedule relating to performance of the 4 r. 4 Architect's services and (b) coordinate and integrate the preliminary construction schedule with the other Project services and activities. As design proceeds, the preliminary construction schedule shall be updated to indicate proposed activity sequences and durations, milestone dates for receipt and approval of pertinent information, submittal of a Guaranteed Maximum Price and Schedule of Values (defined in Section 2.2.4.6) proposal, preparation and processing of shop drawings and samples, delivery of materials or equipment requiring long -lead -time procurement, Owner's occupancy requirements showing portions of the Work having occupancy priority, and proposed date of Substantial Completion. If preliminary construction schedule updates indicate that previously approved schedules may not be met, the Contractor shall make appropriate recommendations to the Owner and Architect. § 2.1.4 PHASED CONSTRUCTION The Contractor shall make recommendations to the Project Manager and Architect regarding the phased issonnce of Construction Documents to facilitate phased construction of the Work, if such phased construction is appropriate for the Work, taking into consideration such factors as economies, time of performance, availability of labor and materials, harsh weather conditions, and provisions for temporary facilities. § 2.1.5 PRELIMINARY COST ESTIMATES Based upon the 35% Design Documents, the Contractor shall prepare, for the review of the Architect and the Owner, a cost estimate for constructing the Work. During the further preparation of the Construction Documents for the Work, the Contractor shall update and refine this estimate at appropriate intervals agreed to by the Owner, Architect and Contractor. § 2.1.5.1 Not used. § 2.1.5.2 Not used. § 2.1.5.3 If any estimate for the Work submitted to the Owner exceeds previously approved estimates or the Owner's then current budget for the Work, the Contractor shall make appropriate recommendations to the Owner and Architect as to alternatives to bring the cost of the Work within the Owner's budget. § 2.1.6 SUBCONTRACTORS AND SUPPLIERS The Contractor shall seek to develop interest by subcontractors and Suppliers for the Work and shall furnish to the Owner and Architect for their information a list of possible Subcontractors and Suppliers who are to furnish work, materials or equipment fabricated to a special design, from which bids or proposals will be requested for principal portions of the Work. The receipt of such list shall not require the Owner to investigate the qualifications of proposed Subcontractors or Suppliers; nor shall it waive the right of the Owner later to object to or reject any proposed Subcontractor or Supplier and/or to require competitive bidding or proposals for Subcontractor or Supplier selection by the Contractor. § 2.1.7 LONG- LEAD -TIME ITEMS 5 The Contractor shall recommend to the Owner and Architect a schedule for procurement of long - lead -time items which will constitute part of the Work as required to meet the Work schedule. If such long- lead -time items are procured by the Owner, they shall be procured on terms and conditions acceptable to both the Owner and the Contractor. Upon the Owner's acceptance of the Contractor's Guaranteed Maximum Price and Schedule of Values proposal, all contracts for such items shall be assigned by the Owner to the Contractor and assumed by the Contractor, and the Contractor shall accept responsibility for such items as if procured by the Contractor. The Contractor shall expedite the delivery of long- lead -time items. § 2.1.8 EXTENT OF RESPONSIBILITY The Contractor does not warrant or guarantee estimates and schedules except as may be included as a condition to or in the Guaranteed Maximum Price, the Schedule of Values, any Change Orders, any amendment to this Contract, or any Subcontract, Supply Contract or Work authorized pursuant to Section 2.3.1.1(b). The recommendations and advice of the Contractor concerning design alternatives, construction feasibility, costing and scheduling, and other required construction management services shall be subject to the review and approval of the Owner, the Architect, and the Owner's other professional consultants. It is not the Contractor's responsibility to ascertain that the Contract Documents (including the Construction Documents) are in accordance with applicable laws, statutes, ordinances, building codes, rules and regulations. However, if the Contractor claims that portions of them are at variance therewith, the Contractor shall promptly notify the Architect and the Owner in writing, specifying the particulars of such variances. Because the Contractor is participating in the design of the Work, the Contractor shall be deemed to have waived all future claims against the Owner that the Work is not constructible, in whole or in part, based upon the Contract Documents (including the Construction Documents). However, the Contractor shall not be deemed to have waived any future claim that any specific part of the Contract Documents (including the Construction Documents) contains an error which has caused the Contractor to suffer increased Costs of Work, losses, damages or delays. § 2.1.9 EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION; MINIMUM WAGES The Contractor shall comply with (a) all applicable laws, regulations and special requirements of the Contract Documents regarding equal employment opportunity and affirmative action programs; (b) any minimum wage requirements of Federal and/or State law, and (c) any special requirements that may be required by any of the Owner's funding sources for the Work. Owner shall advise Contractor of all such special requirements by the Owner's funding sources. Alaska prevailing wage requirements are in Section 32 of the General Conditions. § 2.1.10 REQUIRED PERSONNEL Contractor shall (a) cause its principal, Mr. Scott Ivany to be primarily in charge of and responsible for Contractor's Preconstruction Phase services. Contractor shall not re -assign or substitute for such personnel without the Owner's consent, which shall not be unre-nsonably withheld. § 2.2 GUARANTEED MAXIMUM PRICE PROPOSAL AND CONTRACT TIME § 2.2.1 When the Construction Documents are sufficiently complete in the opinion of both the Owner and Contractor, within 30 days thereafter the Contractor shall propose an updated � �� 6 Guaranteed Maximum Price, which shall be the sum of the estimated Cost of the Work (including Contractor's Contingency defined in Section 2.2.3) and the Contractor's Fee (defined in Section 5.1.1) for construction of the Work in accordance with the Contract Documents (including the Construction Documents). Changes from the proposed GMP must be justified and reconciled to within the Architects independent cost estimate plus 2 %. If reconciliation and agreement on the Guaranteed Maximum Price proposal is not achieved within 45 days from the date that the Owner requests a Guaranteed Maximum Price proposal from the Contractor, the Owner may terminate the Contract for its convenience. § 2.2.2 If the Construction Documents are not finished and approved by the Owner at the time the Guaranteed Maximum Price and Schedule of Values proposal is made, the Contractor shall base the Guaranteed Maximum Price on the then existing Construction Documents and other Contract Documents. Further development of the Construction Documents by the Architect that includes such things as changes in scope or substantial changes in systems, kinds and quality of materials, finishes or equipment shall entitle the Contractor and /or the Owner to a Change Order that equitably adjusts the Guaranteed Maximum Price based upon such change. Otherwise, neither the Contractor nor the Owner shall be entitled to any Change Order or other adjustment to the Guaranteed Maximum Price or Schedule of Values as a result of any such change. § 2.2.3 The Cost of the Work included with Contractor's Guaranteed Maximum Price shall include all costs which are properly reimbursable as a Cost of the Work, including a Contractor's contingency ( "Contractor's Contingency ") to cover unanticipated costs in constructing the Work. Contractor's Contingency shall be 3% of the Cost of the Work. § 2.2.4 BASIS OF GUARANTEED MAXIMUM PRICE The Contractor shall include with the Guaranteed Maximum Price proposal a written statement of its basis, which shall include: . 1 A list of all of the Contract Documents (including the Construction Documents), which are the basis for, and included within, the Guaranteed Maximum Price proposal. .2 A list of all allowances assumed by the Contractor in its Guaranteed Maximum Price proposal and a statement of their basis. . 3 A list of the clarifications and assumptions made by the Contractor in the preparation of the Guaranteed Maximum Price proposal to supplement the information contained in such Construction Documents and other Contract Documents. .4 The proposed Guaranteed Maximum Price. . 5 A time schedule for performing the Work covered by the Guaranteed Maximum Price, which includes (a) the Date of Substantial Completion for such Work upon which the proposed Guaranteed Maximum Price is based and (b) the required permitting issuance dates (if any) upon which the date of Substantial Completion is based. .6 A schedule of values ( "Schedule of Values ") for all of the Work covered by the Guaranteed Maximum Price. The Schedule of Values shall allocate the Guaranteed Maximum Price among the various portions of the Work by 16 7 1, � Division CSI Specifications, showing the Contractor's Fee and Contractor's Contingency as separate items. § 2.2.5 The Contractor shall meet with the Owner and Project Manager to review the Guaranteed Maximum Price and Schedule of Values proposal, including the written statement of its basis. In the event that the Owner or Project Manager discovers any inconsistencies or inaccuracies in the information presented, they shall promptly notify the Contractor, who shall make appropriate adjustments to the Guaranteed Maximum Price proposal, its basis, or both. § 2.2.6 The Owner shall have 30 days to review and accept the Guaranteed Maximum Price and Schedule of Values proposal in writing. Unless the Owner timely accepts the proposal by so notifying the Contractor, the Guaranteed Maximum Price and Schedule of Values proposal shall not be effective without written acceptance by the Contractor. § 2.2.7 Prior to the Owner's acceptance of the Contractor's Guaranteed Maximum Price and Schedule of Values proposal and issuance of a Notice to Proceed with the Work, the Contractor shall not incur any cost to be reimbursed as part of the Cost of the Work, except as the Owner may specifically authorize in writing. However, the Owner shall have the right to issue (a) a Notice to Proceed to the Contractor for specific early portions of the Work prior to agreement on the Guaranteed Maximum Price if the price and other terms for such specific portions of the Work are agreed upon in writing by the Contractor and the Owner or (b) absent such agreement, a Construction Change Directive(s) for such specific portions of the Work may be issued by the Owner. § 2.2.8 Upon acceptance by the Owner of the Guaranteed Maximum Price and Schedule of Values proposal, the Guaranteed Maximum Price and Schedule of Values and their basis shall be set forth in a written amendment to the Contract Documents that is executed by the Owner and Contractor. This Contract, as amended, including the General Conditions, the Construction Documents, and all of the other Contract Documents specified by the Contractor pursuant to Section 2, shall thereafter constitute the "Contract Documents." The Guaranteed Maximum Price and Schedule of Values shall be subject to additions and deductions by changes in the Work as provided in the Contract Documents, and the Date of Substantial Completion shall be subject to adjustment as provided in the Contract Documents. § 2.2.8 The Owner shall authorize and cause the Architect to revise the Construction Documents to the extent necessary to reflect the agreed -upon assumptions and clarifications contained in any amendment to this Contract referred to in Section 2.2.8. Such revised Construction Documents shall include any revised Work or Substantial Completion schedule agreed to by the Owner, Architect and Contractor. The Contractor shall promptly notify the Architect and Owner if such revised Construction Documents are inconsistent with or contrary to the agreed -upon assumptions and clarifications. § 2.2.10 The Guaranteed Maximum Price shall include in the Cost of the Work only those applicable sales and use taxes which are enacted at the time the Guaranteed Maximum Price is established. Any applicable sales, use or similar taxes that are first enacted after the Guaranteed Maximum Price is agreed to entitle Contractor to a Change Order equitably adjusting the 8 f; r"f Guaranteed Maximum Price. However, no income tax or increase therein applicable to the Contractor shall entitle it to any such Change Order. § 2.3 CONSTRUCTION PHASE § 2.3.1 GENERAL § 2.3.1.1 The Construction Phase shall commence on the earlier of: (a) the Owner's acceptance of the Contractor's Guaranteed Maximum Price and Schedule of Values proposal and issuance of a Notice to Proceed, or (b) the Owner's first authorization to the Contractor to: (i) award a Subcontract or Supply Contract or (ii) undertake construction Work with the Contractor's own forces; provided, however, that in the case of the authorizations referred to in Section 2.3.1.1(b) (i) the Construction Phase shall apply only to such Subcontract, Supply Contract or Work, (ii) the Construction Phase for the remaining part of the Work shall not begin until the Guaranteed Maximum Price and Schedule of Values are agreed to by the Contractor and the Owner in writing, and (iii) the price of all such Subcontract, Supply Contract and Work shall be included in the Guaranteed Maximum Price and Schedule of Values if and when they are agreed to by the Contractor and the Owner in writing. § 2.3.2 ADMINISTRATION § 2.3.2.1 Those portions of the Work that the Contractor does not customarily perform with the Contractor's own personnel shall be performed by Subcontractors under subcontracts ( "Subcontracts ") or by Suppliers under supply contracts ( "Supply Contracts ") with the Contractor. The Contractor shall obtain bids or proposals from Subcontractors (as required by the Owner), and Suppliers of materials or equipment fabricated to a special design for the Work, from the list previously approved by the Owner and, after analyzing such bids or proposals, shall deliver such bids or proposals to the Owner. The Owner may designate specific persons or entities from which the Contractor shall obtain bids or proposals. The Owner reserves the right to require the Contractor to obtain competitive bids or proposals for any Subcontract or Supply Contract which has a cost to the Contractor of $250,000 or more. If a non - competitive or competitive proposal method for such a Subcontract or Supply Contract would result in significant cost savings to Owner, Contractor shall propose such method to Owner for its consideration and decision. If the Guaranteed Maximum Price has been established, the Owner may not prohibit the Contractor from obtaining bids or proposals from other qualified Subcontractor or Supplier bidders or proposers. The Contractor shall not be required to contract with any Subcontractor or Supplier to which the Contractor has reasonable objection; and the Contractor shall not contract with any Subcontractor or Supplier to which the Owner has reasonable objection. § 2.3.2.2 If the Guaranteed Maximum Price has been established and a specific bidder or proposer among those whose bids or proposals are delivered by the Contractor to the Owner (a) is recommended to the Owner by the Contractor, (b) is qualified to perform that portion of the Work, and (c) has submitted a bid or proposal which conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid or proposal be accepted, then the Contractor may require that a change in the Work be issued to r. 0 equitably adjust the Contract Time and the Guaranteed Maximum Price and Schedule of Values or other change in the Contract Documents based thereon. §2.3.2.2.1. Not used. § 2.3.2.3 Subcontracts with Subcontractors and Supply Contracts with Suppliers furnishing materials or equipment fabricated to a special design shall conform to the payment provisions of Sections 7.1.8 and 7.1.9. § 2.3.2.4 The Contractor shall schedule and conduct periodic meetings at which the Owner, Project Manager, Contractor and appropriate Subcontractors and Suppliers to discuss the status of the Work. The Project Manager shall prepare and promptly distribute accurate meeting minutes. § 2.3.2,6 Promptly after the Owner's acceptance of the Guaranteed Maximum Price and Schedule of Values proposal, the Contractor shall prepare a Work schedule per Article 6.6 of the General Conditions. § 2.3.2.6 The Contractor shall provide monthly written reports to the Owner and Project Manager on the progress of the Work. The Contractor shall maintain an accurate and complete daily log containing a record of weather, Subcontractors working on the site, number of workers working on the Work site, Work accomplished, problems encountered and other similar relevant data as the Owner may reasonably require. The log shall be available to the Owner for its inspection and copying. § 2.3.2.7 The Contractor shall develop a system of control for the Cost of Work acceptable to the Owner, including regular monitoring of actual Costs of Work for activities in progress and estimates for uncompleted tasks and proposed changes. The Contractor shall identify variances between actual and estimated Costs of Work and report the variances to the Owner on at least a monthly basis. § 2.3.2.8 At the request of the Owner, the Contractor shall provide copies of job records or reports on a scheduled or as- requested basis. The cost of preparing these copies will be an eligible Cost of the Work. § 2.4 PROFESSIONAL SERVICES The Contractor shall not be required to provide professional services which constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall cause such services or certifications to be provided by a properly licensed design professional, whose signature and seal 10 t 0 shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Project Manager. The Owner and the Project Manager shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided the Architect specified to the Contractor all performance and design criteria that such services must satisfy. The Architect will review, approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. § 2.5 HAZARDOUS MATERIALS § 2.5.1.1 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a hazardous or toxic material or substance, including, but not limited to, asbestos or polychlorinated biphenyl (PCB), encountered at the Work site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Project Manager in writing. § 2.5.1.2 The Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the hazardous or toxic material or substance reported by the Contractor and, in the event any such hazardous or toxic material or substance is found to be present in dangerous amounts, to verify that it has been rendered harmless. Unless otherwise required by the Contract Documents, the Project Manager shall furnish in writing to the Contractor the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such hazardous or toxic material or substance or who are to perform the task of removal or safe containment of such hazardous or toxic material or substance. The Contractor will promptly reply to the Project Manager in writing stating whether or not either has reasonable objection to the persons proposed by the Project Manager. If the Contractor has an objection to a person proposed by the Project Manager, the Project Manager shall propose another to whom the Contractor has no reasonable objection. When the hazardous or toxic material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. The Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shut -down, delay and start-up. § 2.6 REQUIRED PERSONNEL For the Construction Phase services Contractor shall cause (a) Ben Roll to be the Work Project Manager, (b) Andy Clapper to be the Work Superintendent, and (c) Amy York to be the Quality Control Manager. Contractor shall not reassign or substitute such personnel without the Owner's consent, which shall not be unreasonably withheld. § 2.7 FINANCIAL ARRANGEMENTS In addition to the Performance and Payment Bond requirements in Section 4 of the General Conditions, the Contractor shall, at the written request of the Owner, prior to commencement of 0 91 the Construction Phase and thereafter whenever required by the Owner, furnish to the Owner reasonable evidence that adequate financial arrangements have been made to fulfill the Contractor's obligations under the Contract. Furnishing of adequate evidence shall be a condition precedent to the Contractor's right to commence and continue the Work. After such evidence has been furnished, the Contractor shall not materially vary such financial arrangements without prior notice to Owner. ARTICLE 3 OWNER'S RESPONSIBILITIES § 3.1 INFORMATION AND SERVICES § 3.1.1 For the Preconstruction Phase, the Owner shall provide information in a timely manner regarding its requirements for the Work, including a program which sets forth the Owner's objectives, constraints, criteria, space requirements and relationships, flexibility and expandability requirements, special equipment and systems, and site requirements. § 3.1.2 NOT USED § 3.1.3 The Owner shall establish and update an overall budget for the Work, based on consultation with the Contractor, which shall include contingencies for changes in the Work and other costs which are the responsibility of the Owner. § 3.1.4 STRUCTURAL AND ENVIRONMENTAL TESTS, SURVEYS AND REPORTS In the Preconstruction Phase, Owner shall furnish to the Contractor with reasonable promptness, at the Owner's expense, the following. Except to the extent that the Contractor knows or should know of any inaccuracy, the Contractor shall be entitled to rely upon the accuracy of any such information, reports, surveys, drawings and tests described in Sections 3.1.4.1 through 3.1.4.4, but shall exercise customary precautions in doing so. § 3.1.4.1 Reports, surveys, drawings and tests concerning the physical conditions of the site which are required by law. § 3.1.4.2 Surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All information on the survey shall be referenced to a Project benchmark. § 3.1.4.3 To the extent reasonably required and when requested by the Contractor, the services of a professional geotechnical engineer for test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate professional recommendations. 12 3 1 § 3.1.4.4 Structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports which are required by law. § 3.1.4.5 The services of other consultants when such services are reasonably required for the Work are requested by the Contractor and are customarily provided by other owners in similar circumstances. § 3.2 PROJECT MANAGER The Owner shall designate in writing a representative ( "Project Manager ") who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Such Project Manager shall have the authority to make day to day decisions on behalf of the Owner related to the administration of the Work and will coordinate Owner approvals concerning estimates and schedules, construction budgets, and changes in the Work as required. The Project Manager shall render decisions promptly and furnish information expeditiously, so as to avoid unreasonable delay in the Work of the Contractor. The Project Manager for all such matters is RISE Alaska, LLC. § 3.3 ARCHITECT The Owner shall retain an architect and /or other qualified professionals to provide Basic Services, including normal architectural, structural, mechanical, electrical engineering and cost estimating services (in addition to those cost estimating services required of the Contractor) for the Work. Services shall be provided in accordance with time schedules agreed to by the Owner, and Contractor. The Architect for all such matters is ECI /Hyer Architects. § 3.4 LEGAL REQUIREMENTS The Owner shall determine and advise the Contractor of any special legal requirements relating specifically to the Work which are known to the Owner and differ from those generally applicable to construction of the Work in Alaska. ARTICLE 4 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES The Owner shall compensate and make payments to the Contractor for Preconstruction Phase services as follows: § 4.1 COMPENSATION § 4.1.1 For the services described in Sections 2.1 and 2.2, the Contractor's compensation shall be calculated as follows: All inclusive hourly charges: Individual Title Hourly Rate Estimated Estimated (fully Hours Total Labor burdened) Ben Roll Project Manager $100 99 $9,900 Mark Schachterle Sr. Estimator $100 209 $20,900 Andy Clapper Superintendent $85 71 $6,035 13 Reimbursable Expenses for travel at cost plus 5 %. $2,165 Guaranteed Maximum Price for hourly charges, plus reimbursable travel expenses: Total - Not to exceed $39,000 § 4.1.2 Compensation for Preconstruction Phase Services shall be equitably adjusted if (a) such services are required beyond the allowance specified in Section 4.1.1, (b) Preconstruction Services are required beyond 180 calendar days from the effective date of this Contract, or (c) if the originally contemplated scope of services is significantly modified by the Owner. § 4.1.3 If compensation is based on a multiple of Direct Personnel Expense, Direct Personnel Expense is defined as the direct salaries of the Contractor's personnel engaged in the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. § 4.1.4 NOT USED § 4.1.5 The compensation payable to the Contractor by the Owner under Section 4.1 shall not include Contractor's time in developing its proposal or negotiations for the Preconstruction Services Phase Guaranteed Maximum Price. § 4.2 PAYMENTS § 4.2.1 Payments to the Contractor by the Owner shall be made as provided in Article 7. § 4.2.2 A payment unpaid 30 days after the date on which such payment is due shall bear interest from the due date at the rate entered below, ( "Contract Rate "): Prime interest rate announced by Wells Fargo Bank for its prime commercial loan customers each calendar quarter, plus two percent (2 %) per annum. ARTICLE 5 COMPENSATION FOR CONSTRUCTION PHASE SERVICES The Owner shall compensate the Contractor for Construction Phase services as follows: § 5.1 COMPENSATION § 5.1.1 For the Contractor's performance of the Work as described in Section 2.3, the Owner shall pay the Contractor in current funds the Contract Sum consisting of the Cost of the Work as defined in Article 6 and the Contractor's Fee determined as follows: Three and one half percent (3 -1 /2 %) of the Cost of the Work, adjusted for Change Orders and Construction Change Directives (if any). § 5.2 GUARANTEED MAXIMUM PRICE § 5.2.1 The sum of the maximum Cost of the Work agreed to in writing by the Contractor and the Owner and the Contractor's Fee based thereon are guaranteed by the Contractor not to 14 3 exceed the amount provided in the amendment to this Contract referred to in Section 2.2.8, subject to additions and deductions by changes in the Work by Change Order or Construction Change Directive as provided in the Contract Documents. Such maximum sum as adjusted by approved changes in the Work is referred to in this Contract and the other Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner. § 53 CHANGES IN THE WORK § 5.3.1 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution of the amendment to this Contract referred to in Section 2.2.8 may be determined by any of the methods listed in Article 9 of the General Conditions. § 6.3.2 hi no event shall the aggregate profit and general, administrative and overhead charges of (a) Contractor exceed 3.5% of any Change Order or Construction Change Directive allowable direct costs, (b) any Subcontractor exceed 8% of any Change Order or Construction Change Directive allowable direct costs, or (c) any Supplier exceed 8% of any Change Order or Construction Change Directive allowable direct costs. In no event shall the total of all such profit, general, administrative and overhead percentages exceed 28 %, regardless of whether there are multiple tiers of Subcontractors and/or Suppliers. § 5.3,3 NOT USED § 5.3.4 NOT USED ARTICLE 6 COST OF THE WORK FOR CONSTRUCTION PHASE § 6.1 COSTS TO BE REIMBURSED § 6.1.1 The term "Cost of the Work" shall mean costs reasonably, necessarily and ordinarily incurred by the Contractor in the proper performance of the Work. Such costs shall be at rates not higher than those customarily paid at the place of the Project, except with prior consent of the Owner (which may in its discretion be withheld). The Cost of the Work shall include only the items set forth in this Article 6. § 6.1.2 LABOR COSTS .1 Wages of construction workers directly employed by the Contractor to perform the construction of the Work at the site or, with the Owner's agreement, at off -site workshops. .2 Wages or salaries (but not performance bonuses or the equivalent) of the Contractor's supervisory and administrative personnel when, and to the extent, stationed at the site. .3 Wages and salaries (but not performance bonuses or the equivalent) of the Contractor's supervisory or administrative personnel engaged at factories, workshops or on the road in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work. .4 Costs paid or incurred by the Contractor for sales, use and similar taxes, insurance, contributions, assessments and benefits required by law or collective 16 bargaining agreements, and, for personnel not covered by such agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided that such costs are based on wages and salaries included in the Cost of the Work under Sections 6.1.2.1 through 6.1.2.3. .5 The wages or salaries (but not performance bonuses or the equivalent) of the following personnel if stationed at the Contractor's principal office or offices other than the site office, but only for the portion of their time reasonably required for the Work they perform: This shall be negotiated and stipulated at the time of GMP of the Construction Phase. § 6.1.3 SUBCONTRACT AND SUPPLIER COSTS Payments made by the Contractor to Subcontractors and Suppliers in accordance with the requirements of the applicable Subcontracts and Supply Contracts and the Contract Documents. § 6.1.4 COSTS OF MATERIALS AND EQUIPMENT INCORPORATED IN THE COMPLETED CONSTRUCTION .1 Costs, including transportation, of materials and equipment incorporated or to be incorporated in the completed construction. .2 Costs of materials described in the preceding Section 6.1.4.1 in excess of those actually installed but required to provide reasonable allowance for waste and for spoilage. Unused excess materials, if any, shall be turned over to the Owner at the completion of the Work. § 6.1.5 COSTS OF OTHER MATERIALS AND EQUIPMENT, TEMPORARY FACILITIES AND RELATED ITEMS .1 Costs, including transportation, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery, equipment, and hand tools not customarily owned by the construction workers, which are provided by the Contractor at the site and fully consumed in the performance of the Work; and cost less salvage value on such items if not fully consumed, whether sold to others or retained by the Contractor. Cost for items previously used by the Contractor shall mean fair market value. .2 Rental charges for temporary facilities, machinery, equipment, and hand tools not customarily owned by the construction workers, which are provided by the Contractor at the site, whether rented from the Contractor or others, and costs of transportation, installation, minor repairs and replacements, dismantling and removal thereof. Rates and quantities of equipment rented shall be subject to the Owner's prior approval. .3 Costs of removal of debris from the site. .4 Reproduction costs, costs of telegrams, facsimile transmissions and long - distance telephone calls, postage and express delivery charges, telephone at the site and reasonable petty cash expenses of the site office. .5 That portion of the reasonable travel and subsistence expenses of the Contractor's personnel incurred while traveling in discharge of duties connected with the Work. ,.. 16 5 § 6.1.6 MISCELLANEOUS COSTS .1 That portion directly attributable to this Contract of premiums for insurance and bonds specifically required by the General Conditions. (If charges for self - insurance are to be included, specify the basis of reimbursement.) .2 Sales, use or similar taxes imposed by a governmental authority which are related to the Work and for which the Contractor is liable. .3 Fees and assessments for the building permit and for other permits, licenses and inspections for which the Contractor is required by the Contract Documents to pay. .4 Fees of testing laboratories for tests required by the Contract Documents, except those related to nonconforming Work other than that for which payment is permitted by Section 6.1.8.2. .5 Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents; the cost of defending suits or claims for infringement of patent or other intellectual property rights arising from such requirement by the Contract Documents; payments made in accordance with legal judgments against the Contractor resulting from such suits or claims and payments of settlements made with the Owner's express prior written consent; provided, however, that such costs of legal defenses, judgment and settlements shall not be included in the calculation of the Contractor's Fee or the Guaranteed Maximum Price and provided that such royalties, fees and costs are not excluded by other provisions of the Contract Documents. .6 Data processing costs related to the Work. .7 Deposits lost for causes other than the fault of Contractor or its Subcontractors or their failure to fulfill a specific responsibility to the Owner set forth in this Contract_ .8 Legal, mediation and arbitration costs, other than those arising from disputes between the Owner and Contractor, to the extent they are not caused by the Contractor's fault and are reasonably incurred by the Contractor in the performance of the Work, provided the Owner gives its prior written permission, which permission shall not be unreasonably withheld. .9 Expenses incurred in accordance with Contractor's standard personnel policy for relocation and temporary living allowances of personnel required for the Work, in case it is necessary to relocate such personnel from distant locations. § 6.1.7 OTHER COSTS .1 Other costs incurred in the performance of the Work if and to the extent approved in advance in writing by the Owner. .2 Completion Cost — The Contractor will establish a completion cost line item in the Schedule of Values equal to 1.5 % of the Cost of the Work for Closeout Documentation. Once the Owner issues a notice of Final Completion as outlined in the General Conditions, the Contractor may request payment of the completion cost line item. § 6.1.8 EMERGENCIES AND REPAIRS TO DAMAGED OR NONCONFORMING WORK 17 j O The Cost of the Work shall also include costs described in Section 6.1.1 which are incurred by the Contractor: .1 To the extent not caused by the fault of the Contractor, its Subcontractors, Suppliers, or any person for which any of them is legally responsible, in taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons and property. .2 In repairing or correcting damaged or nonconforming Work executed by the Contractor or any of its Subcontractors or replacing non - conforming materials provided by any of its Suppliers, provided that such damaged or nonconforming Work or materials was not caused by the negligence of the Contractor or any of its Subcontractors or Suppliers and only to the extent that the cost of repair, correction or replacement is not recoverable by the Contractor from insurance. § 6.2 COSTS NOT TO BE REIMBURSED § 6.2.1 The Cost of the Work shall not include: .1 Salaries and other compensation of the Contractor's personnel stationed at the Contractor's principal office or offices other than the site office, except as specifically provided in Sections 6.1.2.2, 6.1.2.3 and 6.1.2.5. .2 Expenses of the Contractor's principal office and offices other than the site office, except as specifically provided in Section 6.1. .3 Overhead, administration and general expenses of Contractor, except as may be expressly included in Section 6.1. .4 The Contractor's capital expenses, including interest on the Contractor's capital employed for the Work. .5 Rental costs of machinery and equipment, except as specifically provided in Section 6.1.5.2. .6 Except as specifically provided in Section 6.1.8.2, costs due to the negligence of the Contractor, its Subcontractors, Suppliers, or other persons for whom any of them are legally responsible to the Owner under this Contract or applicable law or to the failure of the Contractor to fulfill a specific responsibility to the Owner set forth in this Contract. .7 Costs incurred in the performance of Preconstruction Phase Services. .8 Except as provided in Section 6.1.7.1, any cost not specifically and expressly described in Section 6.1. .9 Costs which would cause the Guaranteed Maximum Price to be exceeded. .10 Costs of insurance not specifically required by the General Conditions. § 63 DISCOUNTS, REBATES AND REFUNDS § 6.3.1 Cash discounts obtained on payments made by the Contractor shall accrue to the Contractor. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Contractor shall make provisions so that they can be secured. § 6.3.2 Amounts which accrue to the Owner in accordance with the provisions of Section 6.3.1 shall be credited to the Owner as a deduction from the Cost of the Work. 18 § 6.4 ACCOUNTING RECORDS § 6.4.1 The Contractor shall keep accurate, full and detailed accounts and utilize such accounting and control systems as may be necessary for proper financial management under this Contract and are acceptable to the Owner and its funding sources. The Owner and the Owner's accountants and attorneys shall be afforded full access during normal business hours for inspection and copying all of the Contractor's records, books, correspondence, instructions, drawings, receipts, Subcontracts, Supply Contracts, purchase orders, vouchers, memoranda and other data relating to the Work, and the Contractor shall preserve these for a period of three years after final payment, or for such longer period as may be required by law. ARTICLE 7 CONSTRUCTION PHASE § 7.1 PROGRESS PAYMENTS § 7.1.1 Based upon Applications for Payment submitted to the Project Manager, itemized based upon the CSI Specification Divisions listed in the Schedule of Values, and Certificates for Payment issued by the Architect and the Project Manager the Owner shall make progress payments to the Contractor as provided below and elsewhere in the Contract Documents. § 7.1.2 The period covered by each Application for Payment shall be one calendar month ending on the 25 day of the month. § 7,1.3 Provided an Application for Payment for the preceding month is received by the Project Manager by the 1 day of the next succeeding month, the Project Manager shall issue a Certificate of Payment based upon the percentage of completion of the Work through the period covered by such Application for Payment that is computed in accordance with the requirements of Section 7.1.6 and agreed upon by the Contractor and the Project Manager or, failing such agreement, the percentage of completion determined by the Project Manager. The Owner shall make payment to the Contractor of the amount specified in such Certificate of Payment not later than 30 days after the Project Manager's receipt of such Application for Payment. If and to the extent that an Application for Payment is received by the Project Manager after the 1 day fixed above, such Certificate of Payment and payment deadlines shall be correspondingly extended. § 7.1.4 Within 30 days after each Application for Payment, the Contractor shall submit an accounting in a form required by Owner, together with all supporting payrolls, petty cash accounts, invoices, and any other backup for the Application of Payment required by the Owner. § 7.1.5 Each Application for Payment shall (a) be based upon and allocate the Cost of the Work for which payment is sought therein among the various Work items (on both a per Application and cumulative basis) shown on the Schedule of Values; and (b) be prepared in such form and supported by such data to substantiate its accuracy and completeness as the Project Manager may require. The Schedule of Values shall be used as a basis for the Project Manager's review of the Contractor's Applications for Payment. § 7.1.6 Each Application for Payment shall show the percentage completion for each portion of the Work shown in the Schedule of Values, as well as all of the Work, as of the end of the period covered by the Application. The percentage completion for each such purpose shall be the lesser of 19 (a) the percentage of the subject Work which has actually been completed, or (b) the percentage obtained by dividing (i) the allowable Cost of Work which has actually been incurred by the Contractor on account of the subject Work for which the Contractor has made payment, by (ii) the share of the Guaranteed Maximum Price allocated to such Work in the Schedule of Values. § 7.1.7 Subject to other provisions in Section 7.1 and elsewhere in the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work shown in the Schedule of Values by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the Schedule of Values. In determining the share of the Guaranteed Maximum Price properly allocable to completed Work, the Contractor shall have the right to allocate Contractor's Contingency among the other Work items shown in the Schedule of Values in its discretion. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included, even though the Guaranteed Maximum Price has not yet been adjusted by Change Order. .2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation into the Work or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing, provided that good, marketable and unencumbered title to such materials and equipment passes to the Owner before or upon payment of such portion of the Guaranteed Maximum Price. .3 Add the Contractor's Fee attributable to the Cost of the Work for which payment is sought in such Application for Payment. The Contractor's Fee shall be computed upon the Cost of the Work for the period covered by the Application of Payment at the rate stated in Section 5.1.1. .4 Subtract the aggregate of previous payments made by the Owner. .5 Subtract amounts, if any, for which the Project Manager has withheld or nullified a payment for cause. § 7.1.8 Upon receipt of the backup materials referred to in Section 7.1.4, the Owner shall compare (a) the aggregate Cost of Work through the end of the period covered by the Application for Payment to which they apply with (b) the Guaranteed Maximum Price multiplied by the percentage of completion of all of the Work which is the lesser of the percentages of compensation for all of the Work computed pursuant to Sections 7.1.6(a) and (b). If the amount in Section 7.1.8(a) varies from the amount in Section 7.1.8(b) by plus or minus 5% or more, at the discretion of the Owner it may require the Contractor to provide a written reconciliation of such aggregate Cost of Work within 10 days. Such written reconciliation shall explain in detail why such variation exists. In the event of an aggregate Cost of Work under run, such reconciliation shall estimate the portion of the Guaranteed Maximum Price that the Contractor 20 9 then believes will remain unspent by the Owner after the Final Payment to the Contractor to allow the Owner to plan for use in other Project priorities. In the case of an aggregate Cost of Work overrun, such reconciliation shall provide a detailed written plan for the Contractor to complete the Work for a total Cost of Work not to exceed the Guaranteed Maximum Price. § 7.1.9 Except with the Owner's express prior written approval, which may be withheld in its discretion, the Contractor shall not make advance payments to Subcontractors or Suppliers for Work, materials or equipment which have not been delivered and stored at the site. § 7.1.10 In taking action on the Contractor's Applications for Payment, the Owner and the • Project Manager shall be entitled to rely on the accuracy and completeness of the accounting, backup and other information furnished by the Contractor and shall not be deemed to represent that they have made a detailed examination, audit or arithmetic verification of such accounting, backup or other information, that they have made exhaustive or continuous on -site inspections, or that they have made examinations to ascertain how or for what purposes the Contractor has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, if required by the Owner, will be performed by the Project Manager or Owner's accountants or attorneys acting in the sole interest of the Owner. § 7.2 FINAL PAYMENT § 7.2.1 Final Payment shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work, as provided in the General Conditions, or to satisfy other requirements, if any, which necessarily survive final payment; (2) a final Application for Payment and a final accounting for the Cost of the Work, together with such backup and other information as the Project Manager may require, have been submitted by the Contractor and reviewed by the Project Manager; and (3) a final Certificate for Payment has then been issued by the Architect and the Project Manager. Such final payment shall be made by the Owner not more than 30 days after the issuance of the final Certificate for Payment. § 7.2.2 The amount of the Final Payment shall be calculated as follows: .1 Take the sum of the Cost of the Work substantiated by the Contractor's final accounting and the Contractor's Fee, but not more than the Guaranteed Maximum Price after all required Change Orders, Construction Change Directives and other proper adjustments (if any) are taken into account. .2 Subtract amounts, if any, for which the Project Manager withholds, in whole or in part, in a final Certificate for Payment as provided in the General Conditions or other provisions of the Contract Documents. .3 Subtract the aggregate of previous payments made by the Owner. If the aggregate of previous payments made by the Owner exceeds the amount due the Contractor, the Contractor shall reimburse the difference to the Owner, with interest at the Contract Rate. § 7.2.3 The Owner will review and report in writing on the Contractor's final accounting within 30 days after delivery of the final accounting to the Project Manager by the Contractor. Based 21 40 upon such Cost of the Work as the Owner reports to be substantiated by the Contractor's final accounting, together with such backup and other information as the Owner may require, and provided the other conditions of Section 7.2.1 have been met, the Project Manager will, within seven days after completion of its written report, either issue to the Owner a final Certificate for Payment with a copy to the Contractor or notify the Contractor and the Owner in writing of its reasons for withholding such Certificate as provided in the General Conditions. The time periods stated in this Section 7.2 supersede those stated in other contract documents. § 7.2.4 If the Project Manager reports the Cost of the Work as substantiated by the Contractor's final accounting to be less than claimed by the Contractor, the Contractor shall be entitled to proceed in accordance with Article 15 without a further decision of the Project Manager. Unless agreed to otherwise, a demand for mediation of the disputed amount shall be made by the Contractor within 60 days after the Contractor's receipt of a copy of the final Certificate for Payment. Failure to make such demand within this 60-day period shall result in the substantiated amount reported by the Project Manager becoming binding on the Contractor. Pending a final resolution of the disputed amount, the Owner shall pay the Contractor the amount certified in the final Certificate for Payment by the Project Manager. § 7.2.5 If, subsequent to Final Payment and at the Owner's request, the Contractor incurs costs described in Section 6.1 and not excluded by Section 6.2 to correct nonconforming Work, the Owner shall reimburse the Contractor such costs and the Contractor's Fee, if any, related thereto on the same basis as if such costs had been incurred prior to Final Payment, but not in excess of the Guaranteed Maximum Price. ARTICLE 8 INSURANCE AND BONDS § 8.1 INSURANCE REQUIRED OF THE CONTRACTOR During the Preconstruction Phase and Construction Phase, the Contractor shall procure and maintain all of the insurance required in Article 5 of the General Conditions. During Preconstruction Services Phase, the Contractor shall not be required to maintain builders risk insurance. The premium cost of the insurance required is a Cost of the Work if and to the extent that it is expressly endorsed to apply only to the Work. Absent any such endorsement, only such premium cost multiplied by the ratio that the Guaranteed Maximum Cost bears to the aggregate contract prices for Contractor's work for all clients during each premium period may be included within the Cost of the Work. § 8.2 NOT USED § 8.3 PERFORMANCE BOND AND PAYMENT BOND § 8.3.1 Performance and Payment Bond Requirements are in Article 5.2 of the General Conditions. § 8.3.2 NOT USED 22 4 I ARTICLE 9 MISCELLANEOUS PROVISIONS § 9.1 DISPUTE RESOLUTION § 9.1.1 During both the Preconstruction and Construction Phases, Claims, disputes or other matters in question between the parties to this Contract shall be resolved as provided in the General Conditions. § 9.2 OTHER PROVISIONS § 9.2.1 Unless otherwise noted, the terms used in this Contract shall have the same meaning as those in the General Conditions. "Architect" is the same as "Engineer" § 9.2,2 EXTENT OF CONTRACT The Contract Documents, which include this Contract and the other documents incorporated herein by reference, represent the entire and integrated agreement between the Owner and the Contractor and supersede all prior negotiations, representations, warranties, covenants, promises and agreements, either written or oral, with respect to the subject matter thereof. The Contract Documents may be amended only by written instrument signed by both the Owner and Contractor. If anything in any document incorporated into this Contract is inconsistent with this Contract, this Contract shall govern. No oral communications or course of dealing or performance between Contractor, Architect, Project Manager and/or Owner shall be taken into account to determine whether any amendment to the Contract Documents has occurred. § 9.2.3 NOT USED § 9.2.4 NOT USED § 9.2.5 ASSIGNMENT The provisions for Assignment of the Contract are included in Article 6.24 of the General Conditions. ARTICLE 10 TERMINATION OR SUSPENSION § 10.1 TERMINATION § 10.1.1 The Owner may terminate this Contract at any time for convenience pursuant to Article 14 of the General Conditions. § 10.1,2 If the Owner or Contractor terminates this Contract pursuant to Section 10.1.1 prior to commencement of the Construction Phase, the Contractor shall be compensated only for Preconstruction Phase Services performed prior to receipt of notice of termination at the rate provided in Section 4.1.1; provided, however, that the compensation for such services shall not exceed the maximum compensation set forth in Section 4.1.1 without a Change Order or Construction Change Directive. § 10.1.3 If the Owner or Contractor terminates this Contract pursuant to Section 10.1.1 after commencement of the Construction Phase, the Contractor shall, in addition to the compensation provided in Section 10.1.2, be paid per the provisions of Article 14 of the General Conditions. 23 42 § 10.2 NOT USED § 10.3 NOT USED ARTICLE 11 OTHER CONDITIONS AND SERVICES § 11.1 MISCELLANEOUS Nothing contained in this Contract shall create (a) any contractual relationship or obligation between (i) the Contractor and (ii) any other third party, (b) any cause of action or defense by the Contractor against any other third party, or (c) any cause of action or defense in favor of any other third party against either the Owner or the Contractor. The Contractor shall require each of its Subcontractors, Suppliers and other parties with whom or which it contracts with respect to the Work to expressly agree in writing: (d) that the Owner is an intended third -party beneficiary of the Subcontract, Supply Contract, or other contract pursuant to which such Subcontractor, Supplier or other contract party provides labor, materials, supervision or services that are part of the Work for the benefit of the Owner; (e) that all of the provisions of this Contract applicable to the Work which such Subcontractor, Supplier or other contract party provides for the benefit of the Work, either expressly or by implication, except for compensation, supervision, direction and control, shall apply to such Subcontractor, Supplier or other contract party and supersede any and all contrary or inconsistent provisions under the Subcontract, Supply Contract or other contract; and (f) that such Subcontractor, Supplier or other party assumes the same contractual responsibilities and obligations for such Work directly to the Owner as if it were in direct privity of contract with the Owner, but all obligations to compensate, supervise, direct and control such Subcontractor, Supplier or other contract party shall remain solely with the Contractor. No Subcontract, Supply Contract or other contract between the Contractor and any of its Subcontractors, Suppliers or other contract parties may contain any liability limitation or cap or consequential damage liability waiver that is enforceable against the Owner. 4 3 24 This Contact entered into as of the day and year first written above. OWNER CONTRACTOR City of Seward, PCL C s ction Services, Inc. By By `., l Phillip Oats, City Manager Fred . Auch, Regional Vice President ,2010 0 J' , 2010 Date Date 25 4 4 ARTICLE 12 AKNOWLEGEMENTS STATE OF ALASKA ) FIRST JUDICIAL DISTRICT ))ss. THIS IS TO CERTIFY that on this day of 2010, before me, the undersigned, a notary public in and for the State of Alaska, duly commissioned and sworn, personally appeared Phillip Oates to me known to be the City Manager of the City of Seward, a municipal corporation, the corporation which executed the above and foregoing instrument; who on oath stated that he was duly authorized to execute said instrument on behalf of said corporation; who acknowledged to me that he signed the same freely and voluntarily on behalf of said corporation for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certificate first above written. NOTARY PUBLIC FOR ALASKA (Seal) My Commission Expires: 45 rr Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2010 -099 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO APPLY FOR A DENALI COMMISSION GRANT IN THE AMOUNT OF $100,000.00 FOR DESIGN FUNDING TO REPLACE A, B, C, D, AND S FLOATS AND THE SOUTH LAUNCH RAMPS IN THE SEWARD SMALL BOAT HARBOR WHEREAS, the City Manager seeks to replace aging infrastructure in the Seward Small Boat Harbor, specifically A, B, C, and D floats installed in 1965; and WHEREAS, the City Manager and the Harbormaster support pursuing funding sources for this project which would not raise moorage rates or passenger fees; and WHEREAS, the mission of the Denali Commission includes providing critical utilities, infrastructure, and economic support throughout Alaska; and WHEREAS, it is in the interest of the City to utilize major repair and replacement funds as a match for a future construction grant; and WHEREAS, the City has obtained an estimate for these permitting, design, and engineering services for replacing A, B, C , D, S floats and the South Harbor Launch Ramps totaling $100,000; and WHEREAS, the proposed grant funded engineering will enable this project to become more competitive for construction funding through other grant opportunities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council authorizes the City Manager to apply for a Denali Commission grant for design funding to replace A, B, C, D, S floats and the South Harbor Launch ramps. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 25 day of October 2010. Council Agenda Statement Meeting Date: October 25, 2010 r 4 0C S'Fj Through: Phillip Oates, City Manager u 9 �'0 From: Kari Anderson, Harbormaster ; Agenda Item: Denali Commission Grant Application BACKGROUND & JUSTIFICATION: The City of Seward's harbor department is currently pursuing funding sources for permitting, design, and engineering services to replace aging infrastructure in the harbor. An opportunity has presented itself through funding from the Denali Commission, which is requesting project nominations from city, borough, and tribal governments, and state /federal government agencies for waterfront development projects. Nominations are accepted through November 3 2010. Introduced by Congress in 1998, the Denali Commission is an independent federal agency designed to provide critical utilities, infrastructure, and economic support throughout Alaska. With the creation of the Denali Commission, Congress acknowledged the need for increased inter - agency cooperation and focus on Alaska's remote communities. The City of Seward was the recipient of a $1 million dollar Denali Commission Grant for the construction of the Security (Z) Float. The Seward Harbor has several floats considered to be failing and rated as serious or critical condition, requiring immediate replacement. A, B, and C floats in the South Harbor were installed in 1965 and are currently in a state of advanced deterioration. Local failures are possible, and loading restrictions may be necessary. D float was also installed in 1965, however it has not received maintenance and repair improvements as several ofthe other floats have. The electrical system on D float should be classified as critical with advanced deterioration, widespread failures, and safety issues that may result in serious injury. Repairs to this particular float need to be carried out on a very high priority basis with a strong urgency. Complaints have been filed from boat owners and the public on the condition of these slips, and more than one individual has fallen into the water because ofthe lack of floatation support. Replacing this aging infrastructure was mentioned as a priority in the Harbor Survey distributed by the Seward Chamber of Commerce in 2009. These floats currently provide moorage for a total of 303 vessels including: 4 commercial fishing vessels, and 25 passenger carrying vessels. City Administration is preparing a grant application to the Denali Commission for design funding to replace A, B, C, and D floats in addition to the South Harbor Launch Ramps. This grant would assist with preliminary engineering, NEPA documents, environmental permits, mitigation actions, 100% design drawings and estimates. These materials will make the project "construction ready" and would assist in obtaining other grant sources for construction funding including the Alaska Department of Transportation Municipal Harbor Matching Grant. 47 The Harbor department is requesting the Seward City Council pass a resolution of support for the float replacement project and the application for a Denali Commission Grant in the amount of $100,000.00. INTENT: Authorizing the City Manager to apply for a Denali Commission Grant to for design funding to replace A, B, C, D, and S floats and the South Harbor Launch Ramps. CONSISTENCY CHECKLIST Yes No 1. Comprehensive Plan X Economic Development, Small Boat Harbor Development, expand and maximize potential of the existing harbor. 2. Strategic Plan X Economic Base, Improve and Expand Maritime Facilities: complete eastward expansion of the Small Boat Harbor. Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. FISCAL NOTE: To qualify for a Denali Commission Grant, nominated projects are expected to show a general match. The City of Seward intends to demonstrate a match for the future construction phase of this project through funds in the Harbor Enterprise Fund Major Repair and Replacement fund with annual contributions from the Capital Renewal and Replacement Fee. Approved by Finance Department . ATTORNEY REVIEW: Yes No X RECOMMENDATION: The City Council approves Resolution No. 2010- Oyq authorizing the City Manager to apply for a Denali Commission Grant in the amount of $100,000 for design funding to replace A, B, C, D floats and the South Harbor Launch Ramp. f : c Li 0 Denali Commission s Federal Fiscal Year 2010 Work Plan ( A - t - T v �r �' \S‘, _ t, 0 � z ILAS�P The Denali Commission (Commission) is an independent federal agency based on an innovative federal -state partnership designed to provide critical utilities, infrastructure and support for economic development and training in Alaska by delivering federal services in the most cost - effective manner possible. The Commission was created in 1998 with passage of the October 21, 1998, Denali Commission Act (Act) (Title III of Public Law 105 -277, 42 USC 3121). The Commission's mission is to partner with tribal, federal, state, and local governments and collaborate with all Alaskans to improve the effectiveness and efficiency of government services, to develop a well - trained labor force employed in a diversified and sustainable economy, and to build and ensure the operation and maintenance of Alaska's basic infrastructure. By creating the Commission, Congress mandated that all parties involved partner together to find new and innovative solutions to the unique infrastructure and economic development challenges in America's most remote communities. Pursuant to the Denali Commission Act, as amended, the Commission determines its own basic operating principles and funding criteria on an annual federal fiscal year (October 1 to September 30) basis. The Commission outlines these priorities and funding recommendations in an annual Work Plan. The Work Plan is adopted on an annual basis in the following manner, which occurs sequentially as listed: • Commissioners first forward an approved draft version of the Work Plan to the Federal Co- Chair. • The Federal Co -Chair approves the draft Work Plan for publication in the Federal Register providing an opportunity for a 30 -day period of public review and written comment. During this time, the draft Work Plan is also disseminated widely to Commission program partners including, but not limited to the Bureau of Indian Affairs (BIA), the Economic Development Administration (EDA), and the United States Department of Agriculture — Rural Development (USDA -RD). • Public continent concludes and Commission staff provides the Federal Co -Chair with a summary of public comment and recommendations, if any, associated with the draft Work Plan. • If no revisions are made to the draft, the Federal Co -Chan provides notice of approval of the Work Plan to the Commissioners, and forwards the Work Plan to the Secretary of Commerce for approval; or, if there are revisions the Federal Co- Chair provides notice of modifications to the Commissioners for their consideration and approval, and upon receipt of approval from Commissioners, forwards the Work Plan to the Secretary of Commerce for approval. • The Secretary of Commerce approves the Work Plan. The Work Plan authorizes the Federal Co -Chair to enter into grant agreements, award grants and contracts and obligate the federal funds identified by appropriation in the chart below. Denali Commission FY 2010 Work Plan 3 The Denali Commission has historically received several federal funding sources (identified by the varying colors in the table below). These fund sources are governed by the following general principles: • In FY 2010 no project specific earmarks were directed. • The Energy and Water Appropriation is eligible for use in all programs, but has historically been used substantively to fund the Energy Program. • The Energy Policy Act of 2005 established new authorities for the Commission's Energy Program, with an emphasis on renewable and alternative energy projects. No new funding accompanied the Energy Policy Act, and prior fiscal year Congressional direction has indicated that the Commission should fund renewable and alternative Energy Program activities from the available Energy and Water appropriation. • All other funds outlined below may be used only for the specific program area and may not be used across programs. For instance, Health Resources and Services Administration (HRSA) funding, which is appropriated for the Health Facilities Program, may not be moved to the Energy Program. Final transportation funds received may be reduced due to agency modifications, reductions and fees determined by the U.S. Department of Transportation. Final program available figures may not be provided until later this spring. All Energy and Water Appropriation funds, including operational funds, designated as "up to" may be reassigned to the Legacy Energy program, Bulk Fuel and Rural Power System Upgrades (RPSU), if they are not fully expended in a program component area or a specific project. All U.S. Department of Health and Human Services — HRSA funds designated as "up to" may be reassigned to the primary care clinic program if they are not fully expended in a program component area. The table below provides the following information, by fund source: • Total FY 2010 Budgetary Resources provided in the Omnibus Bill: These are the figures that appear in various colors (i.e., ®, �, ®, etc.) and are the original appropriations - amounts which do not include Commission overhead deductions. These funds are identified by their source name (i.e., Energy and Water Appropriation; USDA, RUS, etc.). The grand total, for all appropriations appears at the end of the FY 2010 Funding Table. • Total FY 2010 Program Available Funding: These are the figures that appear in ay and are the amounts of funding available for program(s) activities after Conunission overhead has been deducted. Traditionally, the Commission's overhead rate has been limited to Denali Commission FY 2010 Work Plan 4 rz 0 A. 5 %, except in the case of RUS funds, where it is limited to 4 %. The following appropriations language for the Energy and Water appropriation in FY 2010 allows the Commission to retain more than 5% of the Energy and Water for operational activities as it deems appropriate and prudent: ".. . notwithstanding the limitations contained in section 3060 of the Denali Commission Act of 1998." The grand total, for all program available funds appears at the end of the FY 2010 Funding Table. • Program Funding: These are the figures that appear in yellow and are the amounts of funding the draft FY 2010 Work Plan recommends, within each program fund source for program components. • Project Funding: These are the figures that appear in yellow and in italics and are the amounts of funding the draft FY 2010 Work Plan recommends within each program fund source for specific projects. • Subtotal of Program Funding These are the figures that appear in white and are the subtotals of all program funding within a given fund source. The subtotal must always equal the Total FY 2010 Program Available Funding. Denali Commission FY 2010 Funding Table Totals M d a] ., � a v, C3 4 4 -- .1 - 10=0 - 1 - . 1 6u i 1 1 3 c(i i '�tc �� _tom �� ?���� \��_1����; 3� nil 1mJ J I�(It#} °(t?S �� a �t o ! , l:. Energy $8,665,000 • Emer_ in: Technolo Projects $2,241,607 (up to) • Construction Contin • en Funds S2,193,393 (up to) • Hoonah — Rural Power S stem U.: rade $3,330, 000 • Brevi: Mission/Teller Intertie $900, 000 Trainin: Pro: am $1,000,000 (u. to) Pre - Develo Intent Pro tram $150,000 u• to S•onsorshi. Pro I am $150,000 (u• to) sub - total $ $9,965,000 Stebbins /St. Michael — Bulk Fuel Facili Construction $730,630 Denali Commission FY 2010 Work Plan 5 52 1: iu: ' — Rural Power S stem U.:" ade $1,350,000 Yakutat -- Rural Power S stem U•: rade $3,150,000 Pending Bulk Fuel or RPSU project to be selected per Energy $1,500,000 Program Prioritization Process as outlined in the FY 2010 Work Plan Conce • tual Planning/Desi or Bulk Fuel and RPSU $949,370 sub - total $ $7,680,000 r , 740 {IA r5r , ,i_w , 4,ij 0hik: 1L, ,15 II n, «31 ' ;'1{ ) /. ;A1,( ;5 i Stebbins /St. Michael -- Bulk Fuel;Facali : Construction $6,730 376 sub -total $ $6,730,376 li) 7.01_ 1'Jj Iii , inkc 1il i1 JJ i �_ {�i:'4 i)r(ie{ e �'' ,tiS ,_.. 1 isiisl` hii ` tii gi',(546) rs 1 5i'1;'(Illl I ttil Primary Care $7,267,400 _flits:. Prima Care Clinic. $1,00a000 . Ekwok— Primary Care Clinic $1, 600 000 Kasaan - Small Prima Care Clinic $800000 Kalta: — Primal Care Clinic $1,818,400 Desi: n Pool and Pro: ram Management, ANTHC $2,049,000 Behavioral Health $492,900 (up to) [Projects are undergoing due diligence and vetting process at •ublication. No s•eci zc ro'ects are named at this tirne. Primary Care in Hos 'itals $734,700 (up to) Petersbur: Radiolo . E• ui rnent $36,733 Bartlett Re: 'onal Hos • ital - Blood Chemist Anal zer $52,500 Mt. Ed:ecumbe- Fluorosco• Radio:ra•by $100,000 Wrangell Medical Center - Mammogra • by E ui • ment $43, 000 Kanakanak Hos • ital - CT Scan E• ui rnzent $100,000 Denali Commission FY 2010 Work Plan 6 53 Providence Seward - Electronic Health Records $100, 000 Providence Kodiak - Infant Security System $28,919 Ketchikan General Hospital - Breast Biopsy Equipment $76,500 Central Peninsula Hospital - Medication Verification System $97,976 Providence Valdez - Patient Services Equipment $7, 996 Sitka Community. Hospital.- Surgical Equipment $91,076 Elder Supportive Housing $8.05,000 (up to) Kenai Peninsula Housing. Initiatives, Soldotna (6 units) $770,000 Program Management AHFC $35,000 Health Program: Technical Assistance & Strategic Planning $200,000 (up to) sub - total $ $9,500,000 17:/i 1 1 •II 9i - I , 9le f , ;i i tyl1,e e _.(` Tli N * c `. iuc0)1l {�7 "1 �L' I'? t ' v( r f 9 °: 46 joy � Y? ' i 9" � � x . � °A71� R ir°1 4 , Dude 07C ,C:fai+Xrnu,< :M10 04 'r ro - 10, j 8?,14- 1 �0 Sai B fJ(0 i - ). 1 :63"X!hi � ,i L ��o •+ , (ztitif Si ('4- ()4 (/kJ Y`° i_d !i13tCo ll I Yi ,1 111,IEl01i 1 41)110 36 rP'erK1eT1 0 IJ Id:to4T�nl �eT +' e• )I 1� 1 i9;fer� :( $' �0 e as • Trans.ortation Pro_ ram: Docks & Harbors - Estimate 13,688,000 <----- Trans.ortation Pro :ram: Roads - Estimate 12,000,000 sub- total $ $25,688,000 TOTAL FY 2010 Federal A e e ro • riations - Estimate $64 089 606 [s _Thz — e The following section provides narrative discussion, by each of the Commission Programs identified for FY 2010 funding in the table above, in the following categories: • Program History and Approach • FY 2010 Project Description • FY 2010 Project Selection Process • FY 2010 Program and Project Policy Issues (as applicable) The final section also includes a general summary of other program and policy issues facing the Commission, statements of support by the Commission for the funding requests and activities of other program partners which the Commission works in partnership with, and detail regarding the Connnission's evaluation and reporting efforts. Denali Commission FY 2010 Work Plan 7 54 October 12, 2010 Kari Anderson, Harbormaster City of Seward P.O. Box 167 Seward, AK 99664 RE: Small Boat Harbor Floats A, B, C, D, S and South Launch Ramp Replacement Design Fee Proposal Dear Kari; This letter is in response to your request for a fee estimate to perform provide engineering design services to replace the small boat harbor float system for A, B, C, D, and S Floats as well as the South Launch Ramp floats. At your direction, this fee estimate does not include the Bid Support and Construction Administration services that we typically provide with our design services for the City of Seward. The scope of work will include the design to produce bid -ready construction documents for the fabrication and installation of the new float systems (i.e., rather than a separate procurement and installation contracts as done previously). URS will produce bid -ready construction documents for: • Demolition and removal and /or salvage and re -use of the existing floats and associated equipment as appropriate. • A, B, C, and D float fabrication and installation which will include a new timber float system and steel piling, on -float potable water, lighting, and power utilities and hookup to existing utilities at G Float, fire suppression piping system, safety equipment (i.e., life rings, fire extinguishers, and ladders), and other float appurtenances. • S float fabrication and installation which will include new timber float system and steel piling. We understand you would like to eliminate finger floats on the south side of S Float and move S Float south with finger floats on the north side only to provide space to allow for more aisle clearances in the A to D Float areas. It should be understood that to provide aisle clearances in the A to D area, the launch ramp would also need to move south. Or, one lane of the launch ramp would need to be closed /eliminated. This would allow moving A Float south and maintain appropriate aisle clearances for the launch ramp traffic. The S float does not currently have lighting, power or potable water utilities and therefore new utilities are not currently planned for this float. • New S Float access trestle and gangway. The gangway may be an in -kind replacement or a new 80 -ft long ADA- compliant gangway. • South launch ramp boarding float fabrication and installation, which will include the timber floats with grounding protection, wood piling, tie -down rails and mooring cleats, signage, and associated appurtenances. No lighting, water or other utilities are included on the launch ramp. • South launch ramp replacement, including demolishing and removal /disposal of existing concrete planks, re- grading subsurface and installation of gravel and new concrete planks. Alternately, it may be found that refurbishing is sufficient, and only selected damaged planks may be removed and replaced. • Electrical engineering includes float system lighting, ship /shore pedestals, telephone /cable connections, electrical distribution and equipment. The fee also includes preparation of three (3) conceptual float layout sketches and one (1) public meeting to present the concept layouts to the public. It is anticipated that replacing and moving the launch ramp or eliminating one launch ramp lane would be required to provide appropriate aisle clearances in the A to D Float area. Alternatively, the slip sizes could be re- arranged within the A to D Float area to provide additional space. It may be desirable to have public input on these type of changes, or a public meeting to explain to the public what options were reviewed and the reasons for the recommended changes. In addition, URS will provide permitting services including preparation and submittal of permit applications to complete the construction work including a Department of the Army (USACE) Section 10, Alaska Department of Natural Resources Coastal Consistency review, and Alaska Department of Environmental Conservation public M: \03096.000\0100 Project Management\Fee estimate\2010 ConditionAssessment and ABCD Design\2010 -10 -12 Ltr ABCDS DesignFee.doc 35 Mr; water system permit to construct/operate. The fee for permitting assumes a non - controversial permit application and additional fees may apply if extensive agency coordination and re- submittals are required. It is possible that the permitting fee may be reduced if the agencies allow for the work to be covered under a Nationwide Permit for in -kind replacement of existing facilities. No geotechnical field investigation is included in this fee. It is assumed that existing historical information such as pile driving records or previous geotechnical reports that exist for this site will be sufficient to design the new piling. The City will provide all available geotechnical information prior to design. The estimated lump sum fee is $100,537. A detailed breakdown of the effort for each task is provided in the attached spreadsheet, for your information. As always, we are available to meet with you to further discuss the scope or fee for this work. Please call me at 261 -9756 if you have any questions or would like to discuss this further. Sincerely, /I Kimberly Nielsen, PE Project Manager M: \03096.000W1 Project Management\Fee estimate \2010 ConditionAssessment and ABFD I sign\2010 -10 -12 Ltr ABCDS DesignFee.doc Mr; FEE PROPOSAL Waterfront Engineering Group 560 East 34th Ave, Suite 100 Anchorage, Alaska 99503 907.562.3366 Phone 907.562.1297 Fax Permitting $7,251.20 Project Name: Seward Small Boat Harbor ABCDS and S. Launch Ramp Floats replacement Design Development 540,605.38 Project Location: Seward, AK 95% Design $29,581.23 Client City of Seward 100% Design -Bid Documents $23,099.55 Prepared By: Kimberly Nielsen Total Estimated Fee: $100,537.35 Date: **WO Project Number. 26220111 JH SM CF DE JD KN EK MS BG CB SJ TD Hourly Billin• Rates: $250.00 8165.00 S185.00 $160.00 $100.00 $80.00 ©"jilt. t , '�- cm Task Principal Dept. Read Sr. tans PM'ar. PE Sr. Designer EITIDrsrter Clerical Electrical Ceetech 15% 3% ODCs comments Task Cost 001 Permitting - Agency Coordination - -- - - - -- $0001 ' $1,280.00 Permitting (USAGE, ADEC, ADNR) -_- -� - -- SO 00 1 „„.,. ,, ,I -' 85,760.00 Phone, R -. oduction, Posta -, etc. - - - -��� $o 00 ®' - 821120 . Task 1 Totals (hours) r l r M=1113 MOM " ' iti' . ~- �� ;cvu. - -j - �a. a] 7 ,, �.v ._,,,,, ,i h its $7,251.20 Task 1 Totals (costs) 50.00 50.00 50.00 93,840.00 90.00 83,200.00 80 00 80.00 80.00 80.00 S 002 Design Development - BasemapDevelopment/Updates - ��� ®���� 8000 .,.:. $1,200.00 Concept Float Layout Sketches, Sea E1•111111111MI 1 5000 '- 53,360.00 Public Meeting in Seward _- - - - - -- 8000 (. 8160.00 Travel Expenses 81,440.00 Design Development, Caics/Malysis ......millMEIENNEENENEINIIIIIIIMIIIMII 53 840.00 MS= - URS Portland Geotech Analysis $8,676.00 CI 65% Drawings and Sheet Specifications - _ ®IIIIIIIIEEI-MIIIIIMICD_ 510 450.00 - 1 - using exist info -no field invest. 921,277.50 ` -t Cost Estimates -- © - - - - - 80001 :�- 8505.00 "ii Projea Management �� - ® -- _z1 S o 00 �,.r.��.�,_.,,,...,,,_:d;; ±- 83,447 50 Phone, R dial, Postage, etc. - - -•MIMII- -- - 50.00 $699.38 - $699.38 ■ Task 2 Totals (hours) - -- 1 MOM /1 .01 mss ' 3,�.i,,,'' m .;.J .E_::::- [ = JL i.,T u'u 540,605.38 Task 2 Totals (costs) NIJEMinigiMMEMCCI 810,560.00 52,000.00 66, 080.00 81,320 00 610,450 00 83,840 00 8160.00 003 95% Design - Meetings -- MIMEI =NW -1•1111111111EI- -- 8000 FT 7 . '- 51.545.00 95% Drawings --=111111:1 I ISI 87,400.00- 81110001 520,230.00 Specifications MIMI MIIIIIMIIMOIIIEIIIIIIIIIIIIE ■1111M MIIIIMEINIM =NM =NM s000l ; :' 111111=111111111 Cost Estimates -- �� - -_ -- 50 ; j- 55,220.00 S252.50 Project Management - -- -- 1 80 0o I,, .. „.,,, 81,720.00 Phone, Re. ot ion, Postage, etc. - �� - - -_ -- 90. � - III Task Task 3 Totals hours � ,1y ,41.i;X' ':J•:> �J L,.:.L;,. . a $29,581.23 Task 3 Totals (costs) 80.00 S0.00 87. 840.00 80.00 59,680.00 S440.00 57,400.00 80.00 51,110.00 50.00 004 100% Design -Bid Documents - Meelings I_- �� -� - -- 8000 • _ ' 1 9905.00 Final Drawings- -�� -�- 84,350.00 -®' f s 'j 512,242.50 Final specifications - - ©� -®' __ 6000 '. • .- 62,610.00 Engineer's Estimate 84,420.00 - 8663 00 ' ; I- $5,243.00 Project Management - -- -_ 50.00 �,�.., _ .- _v;• 81,720.00 Phone, R- •induction, Posta. -, etc. .--- - -_INMMM-_ SO 00 837305 11111.1111.= _ 5379.05 ME Task 4 Totals (hours) 4� ®���Li . at ,. ', L: ,. .a, _ ...,, , ;k. ,.::,s, 523,099.55 Task 4 Totals (costs) 50.00 50. 52,035.00 55,28000 80.00 84, 860.00 544000 88,770.00 60.00 50.00 URS Hours Totals: migummiEmmia®_immaimmo a <: . ,c o.,.e. .� . , m,y, ,, ,,,i ' ;,;-,y 572.5 URS Hours TOTAL FEE: Cost Totals: 5125.00 582.50 57,67750 827,520.00 82,000.00 823, 840.00 52,200.00 826.620.00 83,840.00 54,569.00 61,903.35 8160.00 863,445.00 URS Labor $100,537.35 *Note: Communications fee includes all costs associated with copying, reprodcution, postage, phone, email, advertising, etc. 2010.10-04 ABCDS Design 11.19 AM 10/12/2010 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2010 -100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING EMERGENCY REPAIRS IN THE AMOUNT OF $330,886 FOR FLOOD DAMAGE AT THE LOWELL CREEK BRIDGE AND APPROPRIATE FUNDS WHEREAS, Seward and the surrounding vicinity experienced extreme flooding in 2006 causing damaged infrastructure throughout the community; and WHEREAS, the City declared this event a disaster; and WHEREAS, the event resulted in a federal disaster that enabled the City to qualify for FEMA assistance for damaged infrastructure; and WHEREAS, during the incident period, severe storm flood waters and debris from the tunnel above Lowell Creek Bridge caused substantial bridge damage; and WHEREAS, the City installed temporary jersy barriers to replace the damaged guard rail at this location; and WHEREAS, the City does not have the staff expertise in bridge engineering and design to manage these repairs; and WHEREAS, PND was hired shortly after the flood incident to help the City inspect and assess the damage and costs associated with the flooding event; and WHEREAS, PND Engineers, Inc. has provided excellent services at competitive prices for the City of Seward; and WHEREAS, PND has provided a project cost of $330,886 to complete the damaged bridge prior to the grant deadline of December 8, 2010; and WHEREAS, the City desires to enter into a contract with PND to develop bid documents, coordinate ordering of materials, and manage construction of the bridge replacement/repairs; and WHEREAS, it is in the City's best interest to utilize PND's services in a timely fashion to avoid project delays; and WHEREAS, the City, after four years, was recently notified that FEMA funding is available but if we do not complete the bridge repair prior to December 8, 2010 the City is at risk of losing the FEMA reimbursable funding of not less than $136,189; and J CITY OF SEWARD, ALASKA RESOLUTION 2010 -100 WHEREAS, to meet the federal funding time constraints, it is necessary to move quickly to authorize the purchase and delivery of materials for the project; and NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEWARD, ALASKA: Section 1. The City Manager is authorized to enter into a sole source agreement between the City of Seward and PND Engineering Inc. for professional services in the amount of $49,086.00, in substantially the form presented at this meeting. Section 2. The City Manager is authorized to purchase the necessary materials and supplies described as "Owner Provided Materials" on the project cost estimate from PND (presented at this meeting) subject to the following conditions: At least three competitive bids will be obtained and the City will select the lowest bid for purchase of materials and supplies and delivery to Seward at a location approved by the City Manager or his designee. All materials and supplies are to be delivered on or before November 23, 2010 or such other date approved by the City Manager or his designee that will not adversely impact the ability to have all work completed by December 8, 2010. The cost for all materials and supplies will not exceed $108,400, provided that the City Manager may amend this amount so long as the total project cost does not exceed $330,886. Section 3. The City Manager is authorized to seek bids for the construction and repair of the Lowell Creek Bridge for an amount not -to- exceed $173,400 not including a contingency. Section 4. The total project cost will be an amount not -to- exceed $330,886 and FEMA will reimburse not less than $136,189. Section 5. The recitals above are incorporated by reference. The severe flooding and delay in receipt of reimbursable funding support the conclusion that the repairs to the Lowell Creek Bridge constitute an emergency situation. Section 6. The City Council hereby appropriates $330,886 from the General Fund reserves account 101- 0000 -3050 to the General Fund roads /streets contracted services account no. 101 - 1310 -5390 for the purposes of performing emergency repairs on the Lowell Creek Bridge resulting from storm damage. Section 7. This resolution shall take affect immediately upon its adoption. Council Agenda Statement Meeting Date: October 25, 2010 I. of S Fts. To: Phillip Oates, City Manager�� �� 74, From: William Casey, Public Works 1 v, Agenda Item: Approving Emergency Repairs in the amount of $331,000 for Flood Damage at the Lowell Creek Bridge and Appropriate Funds BACKGROUND & JUSTIFICATION: Seward and the surrounding vicinity experienced extreme flooding in 2006 causing damaged infrastructure throughout the community. The City declared this event a disaster and the event resulted in a federal disaster that enabled the City to qualify for FEMA assistance for damaged infrastructure. The City has sought federal funding since 2006 and was recently notified that $131,189.00 is available but must be used by December 8, 2010. During the incident period, severe storm flood waters and debris from the tunnel above Lowell Creek Bridge caused substantial bridge damage. The City installed temporary jersy barriers to replace the damaged guard rail at this location. The City does not have the staff expertise in bridge engineering and design to manage these repairs. PND was hired shortly after the flood incident to help the City inspect and assess the damage and costs associated with the flooding event. PND Engineers, Inc. has provided excellent services at competitive prices for the City of Seward. PND has provided a project cost of $330,886 to complete the damaged bridge prior to the grant deadline of December 8, 2010. It is in the City's best interest to utilize PND's services in a timely fashion to avoid project delays. If we do not complete the bridge repair prior to December 8, 2010 the City is at risk of losing the FEMA reimbursable funding of $136,189. To meet FEMA's deadline, PN &D began working on this project and therefore council is asked to approve the professional services agreement retroactively to October 6, 2010. The purchase of materials and bids for a construction contract will be subject to the conditions set forth in the resolution. A construction contract is expected to be presented for council approval in November. INTENT: Council authorizing the City Manager to 1) enter into a sole source agreement between the City of Seward and PND Engineering Inc. for professional services in the amount ofNTE $49,086, 2) purchase the necessary supplies and 3) seek bids for the construction and repair of the bridge. The total construction cost is estimated at for an amount not -to- exceed $281,800 including no contingency for a total project cost not -to- exceed $330,886 and not less than $136,189 will be reimbursed by FEMA. FISCAL NOTE: The City Council hereby appropriates $330,886 from the General Fund reserves account 101 -0000- 3050 to the General Fund roads /streets contracted services account no. 101- 1310 -5390 or the purposes ofperforming emergency repairs on the Lowell Creek Bridge resulting from storm damage. Approved by Finance Department: 60 ATTORNEY REVIEW: Yes X No RECOMMENDATION: Council supports Resolution 2010- jp0 authorizing the City Manager to enter into a sole source agreement between the City of Seward and PND Engineering Inc. for professional services in the amount of $49,086, purchase the necessary materials and bid the construction to complete emergency repairs on Lowell Creek Bridge for an amount not -to- exceed $281,800 including not contingency a for a total project cost not -to- exceed $330,886. FEMA will reimburse the City no less than $136,189. G 4 DRAFT Professional Services Agreement with PND Engineers, Inc. for Lowell Creek Bridge Construction /Repair Management and Related Services This AGREEMENT, made and entered into this 6 day of October, 2010 by and between the CITY OF SEWARD, a home rule municipal corporation located within the Kenai Peninsula Borough and organized under the laws of the State of Alaska, hereinafter referred to as the "City" and PND Engineers, Inc., a corporation authorized to do business in Alaska, with offices located at 1506 W. 36th Avenue, Anchorage, AK 99503, hereinafter referred to as the "Contractor." WITNESSETH WHEREAS, the City of Seward wishes to enter into a contract with an independent contractor to provide construction management and other services for the Lowell Creek Bridge Construction and Repair in Seward, Alaska; and WHEREAS, PND Engineers, Inc. submitted a proposal asserting it is qualified to perform these services and able to do so in a timely manner; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1.0 DEFINITIONS 1.1 "Agreement" shall mean this Professional Services Agreement, including: Exhibit A - PND's proposal dated September 30, 2010 1.2 "Change Order" is an addition to, or reduction of, or other revision approved by the City in the scope, complexity, character, or duration of the services or other provisions of this Agreement. 1.3 "City" shall all mean the City of Seward, Alaska. 1.4 "Contracting Officer" shall mean W.C. Casey, Seward Director of Public Works, and include any successor or authorized representative. 1.5 "Project" shall mean developing bid documents, coordinating ordering of materials, and managing construction of the Lowell Creek Bridge deck repair /replacement, as further described in Exhibit A. 2.0 TERM OF AGREEMENT. This Agreement shall take effect October 6, 2010. This Agreement shall remain in full force and effect until the Project has been Page 1 of 9 c:\ users\ stowsley\appdata\local\microsoft \windows \temporary internet files \olk6a86 \final pnd professional services agreement form.docx _ti DRAFT completed and further, until all claims and disputes have been concluded. The work is considered complete when the City has received and found acceptable the finished product of all work described in 4.0 Scope of Services or changes thereto. This date is not necessarily the Completion Date as described in 5.0 Completion Date. This Agreement may be amended only in writing and upon compliance with all applicable statutes, ordinances, and regulations. 3.0 FEES. The total fees shall not exceed $49,086.00. Contractor shall submit monthly invoices for work performed to the City's satisfaction. 4.0 SCOPE OF SERVICES. The City and Contractor have agreed upon a scope of work described in the Contractor's proposal, Exhibit A, to provide professional services based on approved standards and instructions. This Scope of Services can only be changed in writing pursuant to Section 26.0 of this Agreement. 5.0 SCHEDULE FOR COMPLETION. The schedule on page 2 of Exhibit A is revised as follows: Order Materials: Advertise Invitations to Bid: Bid Opening: Notice of Intent to Award: Final completion: December 8, 2010 6.0 PERSONNEL /ORGANIZATION 6.1 Key Personnel. Work and services provided by the Contractor will be performed by: 6.2 Changes in Key Personnel. The Contractor shall give the City reasonable advance notice of any necessary substitution or change of key personnel and shall submit justification therefore in sufficient detail to permit the City to evaluate the impact of such substitution on this Agreement. No substitutions or other changes shall be made without the written consent of the City. 7.0 STANDARD OF PERFORMANCE. The Contractor agrees to provide all required professional services to complete the project and any additions or changes thereto. The Contractor accepts the relationship of trust and confidence established between it and the City by this Agreement. The Contractor Page 2 of 9 c:\ users\ stowsley\appdata\local\microsoft \windows \temporary internet files \olk6a86\final pnd professional services agreement form.docx 63 DRAFT covenants with the City to furnish its best skill and judgment, and to further the interest of the City at all times through efficient business administration and management. The Contractor shall provide all services in a competent manner. It is understood that some of the services to be rendered hereunder required professional judgment and skill. In those cases, the Contractor agrees to adhere to the standards of the applicable profession. 8.0 TIMELINESS OF PERFORMANCE. Time is of the essence in this Agreement. Contractor's failure to meet any such deadlines or required performance may adversely imperil other contractual obligations of the City. . 9.0 COMPLIANCE WITH LAWS. The Contractor shall be familiar with and at all times comply with and observe all applicable federal, state and local laws, ordinances, rules, regulations, and executive orders, all applicable safety orders, all orders or decrees of administrative agencies, courts, or other legally constituted authorities having jurisdiction or authority over the Contractor, the City, or the service which may be in effect now or during performance of the services. 10.0 INDEMNITY. The Contractor shall indemnify, defend, and hold harmless the City from and against any claim of, or liability for, negligent acts, errors, and omissions of the Contractor under this agreement, including attorney fees and costs. The consultant is not required to indemnify, defend, or hold harmless the City for a claim of, or liability for, the independent negligent acts, errors, and omissions of the City. If there is a claim of, or liability for, a joint negligent act, error, or omission of the Contractor and the City, the indemnification, defense, and hold harmless obligation of the Contractor, and liability of the parties, shall be apportioned on a comparative fault basis. In this provision, "Contractor" and "City" include the employees, agents, and contractors who are directly responsible, respectively, to each. In this provision, "independent negligent acts, errors, and omissions of the City" means negligence other than in the City's selection, administration, monitoring, or controlling of the Contractor, or in approving or accepting the Contractor's work or the Contractor's subcontractors. 11.0 INSURANCE. The Contractor understands that no City insurance coverage, including Workers' Compensation, are extended to the Contractor while completing the terms of this Agreement. The Contractor shall carry adequate (commercially reasonable coverage levels) insurance covering Workers' Compensation, general public liability, automobile, professional liability, and property damage including a contractual liability endorsement covering the liability created or assumed under this Agreement. The Contractor shall not commence work under this Agreement or any work on any phase of the Project until the Contractor provides the City with certificates of insurance evidencing that all required insurance has been obtained. These insurance policies and any extension or renewals thereof must contain the following provisions or Page 3 of 9 c:\ users\ stowsley\appdata\local\microsoft \windows \temporary internet files \olk6a86\final pnd professional services agreement form.docx 64 DRAFT endorsements: a. City is an additional insured thereunder as respects liability arising out of or from the work performed by Contractor of City of Seward. b. City will be given thirty (30) days prior notice of cancellation or material alteration of any of the insurance policies specified in the certificate. c. Insurer waives all rights of subrogation against City of Seward and its employees or elected officials. d. The insurance coverage is primary to any comparable liability insurance carried by the City of Seward. Upon request, Contractor shall permit the City to examine any of the insurance policies specified herein. Any deductibles or exclusions in coverage will be assumed by the Contractor, for account of, and at the sole risk of the Contractor. The minimum amounts and types of insurance provided by the Contractor shall be as set forth in Exhibit B, subject to revision at the City's request in order to provide continuously throughout the term of the Agreement a level of protection consistent with good business practice and accepted standard of the industry. 12.0 GOVERNING LAW. The laws of Alaska will determine the interpretation, performance and enforcement of this Agreement. 13.0 OWNERSHIP OF WORK PRODUCTS. Payment to the Contractor for services hereunder include full compensation for all work products and other materials produced by the Contractor and its subcontractors pertaining to this Agreement. The originals of all material prepared or developed by the Contractor or its employees, agents, or representatives hereunder, including documents, drawings, designs, calculations, maps, sketches, notes, reports, data, models, computer tapes, and samples shall become the property of the City when prepared, whether delivered or not, and shall, together with any materials furnished the Contractor and its employees, agents, or representatives by the City hereunder, be delivered to the City upon request and, upon termination or completion of this Agreement. Materials previously created and copyrighted by the Contractor included in this project will remain property of the Contractor. Copies will be made available to the City upon request. Materials purchased from and copyrighted by third parties are not included in this provision. 14.0 PATENTS, TRADEMARKS, AND COPYRIGHTS. The Contractor agrees to defend, indemnify, and save the City harmless from and against any and all claims, costs, royalties, damages and expenses of any kind of nature whatsoever Page 4 of 9 c:\ users\ stowsley \appdata\local\microsoft\windows \temporary internet files \o1k6a86\final pnd professional services agreement form.docx _ 6j5 DRAFT (including attorneys' fees) which may arise out of or result from or be reasonably incurred in contesting any claim that the methods, processes, or acts employed by the Contractor or its employees in connection with the performance of services hereunder infringes or contributes to the infringement of any letter patent, trademark, or copyright. In case such methods, processes, or acts are in suit held to constitute infringement and use is enjoined, the Contractor, within reasonable time and at its own expense, will either secure a suspension of the injunction by procuring for the City a license or otherwise, or replace such method, process, etc., with one of equal efficiency. 15.0 NONWAIVER. No failure of the City or Contractor to insist upon the strict perfor- mance by the other of any of the terms of this Agreement or to exercise any right or remedy herein conferred, shall constitute a waiver or relinquishment to any extent of its rights to rely upon such terms or rights on any future occasion. Each and every term, right, or remedy of this Agreement shall continue in full force and effect. 16.0 SAFETY /PERFORMANCE. The Contractor shall perform the work in a safe and workmanlike manner. The Contractor shall comply with all federal and state statues, ordinances, orders, rules, and regulations pertaining to the protection of workers and the public from injury or damage, and shall take all other reasonable precautions to protect workers and the public from injury or damage. 17.0 SUSPENSION OR TERMINATION. 17.1 Fault Termination or Suspension. This Agreement may be terminated by either party upon ten (10) days written notice if the other party fails substantially to perform in accordance with its terms. If the City terminates this Agreement it will pay the Contractor a sum equal to the percentage of work completed and accepted by the City that can be substantiated by the Contractor and the City, offset by any amounts owed to the City. However, within the ten (10) day Notice of Intent to terminate the party in default shall be given an opportunity to present a plan to correct its failure. 17.2 Convenience Suspension or Termination. The City may at any time terminate or suspend this Agreement for any reason including its own needs or convenience. In the event of a convenience termination or suspension for more than six (6) months, the Contractor will be compensated for authorized services and authorized expenditures performed to the date of receipt of written notice of termination or suspension. No fee or other compensation for the uncompleted portion of the services will be paid, except for already incurred indirect costs which the Contractor can establish and which would have been compensated but because of the termination or suspension would have to be absorbed by the Contractor without further compensation. Page 5 of 9 c:\ users\ stowsley \appdata\local\microsoft \windows \temporary intemet files \olk6a86 \final pnd professional services agreement form.docx 3 DRAFT 17.3 Activities Subsequent to Receipt of Notice of Termination or Suspension. Immediately upon receipt of a Notice of Termination or suspension and except as otherwise directed by the City or its Representative, the Contractor shall: a. stop work performed under this Agreement on the date and to the extent specified in the Notice; and b. transfer title to the City (to the extent that title has not already been transferred) and deliver in the manner, at the times, and to the extent directed by the City's representative, work in progress, completed work, supplies, and other material produced as a part of, or acquired in respect of the performance of the work terminated or suspended by the Notice. 18.0 EQUAL EMPLOYMENT OPPORTUNITY. The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, or because of age, physical handicap, sex, marital status, change in marital status, pregnancy, or parenthood when the reasonable demands of the position do not require distinction on the basis of age, physical handicap, sex, marital status, changes in marital status, pregnancy, or parenthood. The Contractor shall take affirmative action required by law to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, national origin, ancestry, age, or marital status. 19.0 NO ASSIGNMENT OR DELEGATION. The Contractor may not assign, subcontract or delegate this Agreement, or any part of it, or any right to any of the money to be paid under it without written consent of the Contracting Officer. 20.0 INDEPENDENT CONTRACTOR. The Contractor shall be an independent contractor in the performance of the work under this Agreement, and shall not be an employee or agent of the City. 21.0 PAYMENT OF TAXES. As a condition of performance of this Agreement, the Contractor shall pay all federal, state and local taxes incurred by the Contractor and shall require their payment by any other persons in the performance of this Agreement. 22.0 PRECEDENCE AND DIVISIBILITY. The provisions of this Agreement shall fully govern the services performed by the Contractor. If any term, condition, or provision of this Agreement is declared void or unenforceable, or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. Page 6 of 9 c: users\ stowsley\appdata\local\microsoft\windows \temporary internet files \o1k6a86\final pnd professional services agreement form.docx 67 DRAFT 23.0 ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties as to the services to be rendered by the Contractor. All previous or concurrent agreements, representations, warranties, promises, and conditions relating to the subject matter of this Agreement are superseded by this Agreement. 24.0 COMPLETION OF WORK, TERM OF AGREEMENT. The Contractor shall perform all work in a timely fashion, and in accordance with the schedules included in this Agreement and Exhibits. 25.0 CLAIMS AND DISPUTES. Venue for all claims and disputes under this Agreement, if not otherwise resolved by the parties, shall be in the appropriate Alaska State court in Anchorage, Alaska. 26.0 CHANGES IN SCOPE OF WORK. 26.1 General. No claim for additional services not specifically provided in this Agreement will be allowed, nor may the Contractor do any work or furnish any materials not covered by the Agreement unless the work or material is ordered in writing by the Contracting Officer. Preparation of Change Orders and design changes, due to errors and /or omissions by the Contractor, will be done at the sole expense of the Contractor. 26.2 Changes in Scope of Work. The City or its representative may, at any time, by a written Change Order delivered to the Contractor, make changes to the scope of work, or authorize additional work outside the scope of work. 26.3 Compensation to the Contractor. If any Change Order for which compensation is allowed under this Article causes an increase or decrease in the estimated cost of, or time required for, the performance of any part of the work under this Agreement, or if such change otherwise affects other provisions of this Agreement, an equitable adjustment will be negotiated. Such an adjustment may be: a. in the estimated cost or completion schedule, or both; b. in the amount of fee to be paid; and c. in such other provisions of the Agreement as may be affected, and the Agreement shall be modified in writing accordingly. 26.4 Any claim by the Contractor for adjustment under this section must be asserted within fifteen (15) days from the day of receipt by the Contractor Page 7 of 9 c:\ users\ stowsley\appdata\local\microsoft\windows \temporary internet files \olk6a86\final pnd professional services agreement form.docx 68 DRAFT of the notification of change; provided, however, that the City or its representative, deciding that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this Agreement. Failure to agree to any adjustment shall be a dispute within the meaning of Section 25.0 of this Agreement. 27.0 LIMITATION OF FUNDS. 27.1 At no time will any provision of this Agreement make the City or its representative liable for payment for performance of work under this Agreement in excess of the amount that has been appropriated by the City Council and obligated for expenditure for purposes of this Agreement. 27.2 Change orders issued pursuant to Section 26 of this Agreement shall not be considered an authorization to the Contractor to exceed the amount allotted in the absence of a statement in the change order, or other modification increasing the amount allotted. 27.3 Nothing in this Section shall affect the right of the City under Section 17 to terminate this Agreement. 28.0 PRIOR WORK. For the purposes of this Agreement, work done at the request of the City or its representative before execution of this Agreement shall be deemed to be work done after its execution and shall be subject to all the conditions contained herein. 29.0 NOTICES. Any notices, bills, invoices, or reports required by the Agreement shall be sufficient if sent by the parties in the United States mail, postage paid, to the address noted below: City of Seward PND Engineers, Inc. City Manager 1506 W. 36th Avenue PO Box 167 Anchorage, AK 99503 Seward, Alaska 99664 -0167 Page 8 of 9 c:\ users\ stowsley\appdata\local\microsoft \windows \temporary internet files \olk6a86 \final pnd professional services agreement form.docx 69 DRAFT IN WITNESS WHEREOF, the parties have executed this Agreement. City of Seward PND Engineers, Inc. By: Phillip Oates By: Title: City Manager Title: Date: Date: ATTEST: Jean Lewis, CMC City Clerk (city seal) Page 9 of 9 c:\ users\ stowsley\appdata\local\microsoft \windows \temporary internet files \olk6a86 \final pnd professional services agreement form. do cx 7 0 : .. i I I' : ' ',. • k., . mot Penn emu, open d ''. f . . . . u 6 . ELANMIOCURITY PEORMI. • . PROJEOT 'WORKSHEET . .. ..... ....... .... :. : • iffararigiarzri:57 ..:1 , Dit Ot8C • 0- Vrt'' . at E-.. • - .. . . . . ..... .... . . . Poi* ropordng burden ter tide le estimate* to *cargo SO mioulos per tosponte. Lturden .means the dew effort todlinuotial tecouroes by perneorctnonotate.:i , Okitefu, dinclooa, or io :welds inftinnotionle oc.,-YOtt, root tend cerontonli regarding dur inodeo astkneio or coy osperkollito cloak" imitating. autgataass for. reducing the' bereort im intonTrolloriCcifoctiOno:Monegpronot. U.S. 1opartourotf Homeland Seemly, FedbiatStOokieney Man!tpermlitt kjelcy.,013 0 Slmat, SW. waelanome,06 yam . pappwork bemoan (ropet olue Coelho Howler isse.os17j, You and not requirod to ronpood lo No colloodoo of Inlomtritloo Woe It Mild OMEnumber appears Tolle opal rr• 1 c • rout • . , .r.orm. NoT :.1,0 oat newt • rem. otod.quention elm to bit odd - et PIPS "N 4); • • • D .. • : •- li 1 . 1111111PACT41011111 DA - .CATEO0R,'.' : IIIIME0111 il • ' ftflo, : 1A DR AK JIltiPW3O DU/O311) 1224308040 IENIIMIIIII - . . •• PR i .:. T - : . ' . . ' WORK • • , PIZ . :. *. - DATE: .. PEIVEr j •C1W. Of *Ward: . . . remammiummin m.., ■4';'.ED ki. • . UT? . . Lowell Greektridga MCS:1311111111 •• LOCATIO . ilingEll, 4..fle. t)i ',. i . . . . . Oily a ettee) SOO PW:0 - . See flW 0 ! : Was thissite piselousty damaged? r• Yee r: to fr. Ilniere it *AGED' a .. RI " 10 A . 9 ..:. 2 '.' PWST.. trakal 1: 0ernage 0 eaddplion! • In theoddintiPW the demeige.diaserlPtion end dintensioneviere Mort:plate. The Project 8 peclerist Walt.yialtfIV.for the DOT 'Bridge Inspection which to occur . at ...later time Eased en si!a(le.visit and the now completed 2007 Bridge I neosotlen the Demage.desorlmion Air the : • Lowell Creek Bridget is as follows. All other sites In this PW have not chapped. Total bridge dimensions m 8 tong x..28 The bridge is :. . metro:Mad Of steel. Illitem8 witli a Mattoon:Or:toted Of itriel V. timber deekins ilitierepartied With•i4N10" limber which eidended.beyond the deck . 4' to otipPtirt the:Owl/361M rt.walkwayiwith.ap4sphaft, surface layer on the ttmber decking. There was•demage to approximately loft of the timber decking- °tithe upettearn aide mosibkifuri to the goerdna0posts being torn up by the largo ou.antilyot rooky debris pus heitorno the bridge bur the floodiaaturtnel.dethill. All of the 14 4Mx1Cr timbers and the 10'x4' !hither g. x 10' boltiogether.)0deilrian walkway and railing were . detkoyed when.the of the debris on the walkwayeadeed it lo.aol lapse,. Thelnlardrall.on both sldes.of the bridge•Was damaged byte' debris flow totaling 1401arigth. There were B Defile signe near the bridge damaged, as well. The.abutm ants and Meet beams did not.sostaln atolcioral damages from:the eyent,... . . L...171 . •‘.. .. .... :: . .. Rind S% • PV:r37 Vora lon'tStOpe of Work:- The applicant wilt use a contractor to perform repairs. Temporary Araby berrierthay.e been plated on the apiattaton aldo of the bridge as a lempora ry replacement for the clairfaitott guardrail (no coat Involved. On The downstream side etihe bridge the applicant bee repaired the "ciarnage.dadertitell hut It will treed to be dismantled to repairthedeeking, then re Included in OEP),.The ' asphaltwilt negate reittoyed:.to tocess the.tlinber. dock where 3 ft orthnb.er edit -needle btreplaped.iri to Maim; rap 0 ra It , Is likely drat ail timb.ar vi need to be retrieved as the 14. broken exlir..pedeettla ri support tlitibers are spaced througheettlie:ltraltr Ornbettiscrostrthe" length oftlie badge, The pedestrian walkway "(doWnefrearti Bide of bridge) Will.need tote reheat) a 70' leng x 4! Wide walkway wItkopproxlmately4E hIgh geard rages ft wail obrnpietely.doetroyed. Ali turn her le.to befireeeuretreated. All 40.018 for : napalm have been. estimated by.FEXAsnd are documented tn.tita attaohad•Ctr fOirtnilOtat $131489. • .. . - "- - 9, .: — • . .. . 1 ' . RA:. Ve. IllegMaMil : MT :PRIVE • . ...COST 1 !Wo tote toMpleted: • ' - . . ' . -. 1 ---- 0FceisT .. • 1 Is 4 136,1816W 1 . , ...,..... .. .. _ • ...."____..: ................. e... u . 4.• a • fa- .... .$ .., 4. ; aa.. .. .• , a nu.o. .■ .--' —' • :......a.. ....."....a...a.a. —...a.. ..._. . ■- . ..... a„ _...,..... _.... ..■ „,., a .... aa ...■ — . . . t , ,.--......, ... .„. _ _ ...„ ..... .._..................... . .. $ , ..... . . ,. ,. . ........._..._ .._..._... . .. ...: „ • $ - T . _ _ _ .,.... ... .... _ . _.$ . • __ - s .1371741. P ' *A4. 0$r: 0 TilVtATi0 PAGE S . if al 111.1111111 . . ToTAL:PF40:JE0T 4. 136, litt:011 . b.. , . . . OREPARED ay: Aaron Modred TITLE: Project Spurieditl. t VElitA PAC OREW.LEACrEf4; Olula .radditeoli ST./08 Mc CREW LE.A01rit: Ano:Grovior .... . . . . ,?'■ ,"' " r. -to, tot- , MO • ..wry i d r, 4 i 1 SEVERAL EMERGENCY MANAGEMENT AGENCY PHOTO SHEET APPi1CAI: city of Seward' • " . CATEGORY: RP-S NO. ; - 122 0- PW RE NO. ' ..MM c - e w I ` - — Looltino sauthatihe dartregeCtxidge • The Mat oa lafngdama 4 1° hataupponad looking sown and upstream >- eam*the eR tiddge ..,3 UitiP! nwaAayt visible cm.tbe. lower Tanegrauq�d • / - a� In u ti • + � ' S „ 'F- - K :, owh'stNle Asn� g od6ndgeanfiedp�e The tl ere T�o�9. low r►t q�itlge oo�g Na d affl gB arsr le'costi — basetta in'NropaeaeS tgaraa near and a te. M vns om1eax PHOTO PAGE 2 ( 2 CEF Fact Sheet 9/1612010 Se Ward, City of - Repttir Bridge backing DR 1689 AK - Mike Murray Date of Estimate: September 13, 2010 FEMA Region: X Preparerfit): Mike Murray Applicant Name: Seward, City of PrOjitt Title: Repair Bridge Decking Damaged Facility: Lowell. Creek Bridge No. 1136 Declaration Namber: DR 1889 AK Project NU:libel:- 26 PA ID iO 122-88880-00 Date' Inspection: May 2Z 2007 Event Date(s): October 8 thru 13, 2008 Work Type of Work: Repair (inter New, Repel; ea) Scope: During the Incident period, sever storm flood waters and debris from the pass above the bridge caused the dIstruction. The bridge was built in 19415, The applicant will use their normal procurement procedure to bid and contract this work. The applicant has Installed a temporary jerey barrier to replace the damaged guard rail at this location. • Page 1 of 7 7 3 9/18/2010 CEF Notes Seward, City, of Repair Bridge Decking DR1880.AK-Mike.Murray Da ed Fad! ; LOwell Creek:Bridee No.1138. . .1 Applicant OM: . • S dCIIi f Project NuMbert Date .tit Seithuatet September 13, 2010 PrePireitti):: . Mk@ MiardY Part A Notes M - Permanent Work Estimate established using RS Meant 2010 Cost Werke, 3rd Quarter, Repair/Remodeling A2- Non-Permanent Work Moblikellon not required PartB NOUNS: 5.1. peneial Relpikenients are-applied es follows: CEP. factor of 196' for teMpararyserviCeltand quality control: CEFfactOr at 0% far submittals; there are no safety & security issues associated with this project Bi2 Gellert Conditions:am not required for thIslItnited event perm New:. Dirsign•Phase Scope Contingeirciesare applied as fellow Allowance lot fabrication supportand start Up;euperVisloh. 0.2 Facility or Project' Cottstraetabillty have no Issues &mediated with thisproject. - Access, Storages &Staging Contingencies are applied as followszCEF factor of 4%•for-eccestto Mesita from Anchorage, AK. •CEF factor of 1% Tor-storage and staging contingencies C,4 - Economies of Scale have no issues that-are associated withlhis project. Part") Notes: Dl. GC's Home Office Ovetteadwill be included in thitkproject. D.2 - GC's insuranco, Payment& Performance Bondtwill. be MOW for this limited event project: 0.3 General Contractors Profit will applied PartE EA CtistEeettlatlitithettit epplWas per disasterspecific cost escelation.factor of far the mid point of ate construction project ( 4 month for bid and••award + 4 mOnths ler conked completion) Part F Notes: F.1 - Plan FtWiew Fees should be waved fortis 'applicant • F.2 Construction Pernik Feet None 'Pert t3 Wintast G.1 - Appikeeke Retietite orChange Orders are not andalpatedlot this replacement project Part H Notes: H,1 Applicant's PrOject Menagernent-Design hair been applied as fellows: Not appliable: H.2 - ME services. not required • 11.3 Project Management-Conatrudion Phase has been applied as teliews7OEF factor of 5% is appropriate acthisi.voik Will require • the •eoplicants•Involment . . Miscellaneous This CEF estimate Is baited upon quantities prbvkied by the Notes.* applicant's engineerand thecost WA* Is. RS' Means Cost Comments: Works 2010 'third quarter CD for Repair/Remodeling; Applied Usemottearb Anchorage Locality Factor. Activate:Cursor . . Page.2.ot 7 74 I f 9/16/2010 • CEP Part A Estimate Item - ... . . N , : Description CSl Number Qty Units Unit Prltie Gity.adj To Cost • Completsd .. .: Factor Permanent • . $ i . I . $. H Completed ...ermine it Total $ NonPermanent - Completed - Non-Permanent T tal $ Uncompleted mammal ! _ .Permanent . .. • 1 Wood framing, heavy milt timber, Column* 1.00 $ 9,859.20 . structural grade; 15001. 10" x 10" 081323100502 . 312. L.F. 5 . 31,60 2 Sirigl@'6" x 10" wood beam, heavy milt , . limber training 061323100020 1,8 M.ft . $ 3;417,87 1.00. $ 8,162.17 3 Wood framing, heavy mlittlmber, Itoor .. . planks, T:&13, 2" x 10" k:1" thick 061323100902 772 .8.F. $ 247 1.00' $ 2,081`14 4 Wood framing, heavy mill' timber; floor • 1, $ 1,556.61 planks 7.&(8,1" x 10" x2" thick 061323100902 .683 S.F. 5 2.87 S Timber Connectors, drilling bolt holes in timber, 1" diameter 080523500900 1216 inch g y,.91. 1,00 $ 2,322,66 8 Seledtive Demoitibn, W.Ood Framing,. 1; beams, 4 "x 12" 660505102965. 416 L,F, $ 5.93 1.00. $ 2.488.88 7 Selective Demolition; Wood Framing; beanie, 10 ",x 12" 9605051031$0 260 L•:F. $ 1443; 1.00 $ 686680 i 6 Selective Demolition, Wood Framing; • beams, 4" x i2" 060805102985 416 L.F. $ 5,93 1.00 $ 2,466 ;88 9 Saeective Demolition, Woo& Framing, 3,865.80 0" x 1 2 " bea(ne,1 060508103160 260 : L.F. 14 83 1.00 $ 10 Se active demo ton,.. g ay guard re's barriers, guide rail, bet( beam, 5 "x 5 "' 024113200700 140 L.F. $ 22.87 1.00 $ 3,201,80 11 Angle framing, Structural steel, 3 9x3 "x3%8 ", 1.00 $ 1,142.85 i field fabricated incl..cutt •• & welds ! 05.1 3400476: 24 L:F, • 47.62 . _ • 12 Vehi K gu de falls, •guide rail, stee box • beam,. 5" x6" 347113260900 170 L:F, $ 75.04 1'00 $ 12,786.60 Drilling holes Irra eel for anchors, Up'to 1/4 . 13 deep„ 1" diameter, Ind bit. & layout, excludes • 1.00 $ 1.,105,92 either 050621151980 - 96 . Ea. . $ . . 11.52 14 Drilling holes in steel for anchors, 1" diameter, incl. bit & layout, excludes anchor; 1• $.. 388.80 for each additional 1/4" depth, add 050521151985 95 Ea. :$ 415 Vehicle guide rails, corrugated steel, 15 galvanized steel posts, instal( wrap around 1.00 $ 1077 76 end section 347113260300 4 Ea. $ 269.44 . 'Demolish, remove pavement & curb, 46 remove 'bituminous. pavement,. 4" to 6" thick, 1.00 $ 3,90028 ,excludes hauling and disposal fees .. 024113175050 347 1.Y.. $ 11.21 Asphalt Paving, plant mixed asphaltic base 17 courses for roadways and; farge:paved 1.00 $ 15.46914 areas 4 tfrldk 32132840500_ —422- - S 24,82_ i Page 3_ot7 f ' 1 9/18/2010 CEF Part.A Estimate . Item Description Mt Nutftber Qty Units Unit Price Adj TbtatCost Factor -elect - • • -m01 on, r 457. a • rig. coding .&°truoki m8Chtne loading truck, • 1.00 $ 2:28580 ncludes°2 mile haul, coat to be added; to • - roof • n • . al 024119233080. 80 C.Y. 19 Ron aC oft • =der • • •' i . - : 4 1.00 $ 2,19 Capacity, Incl. Hourly Dee r: Coat. 015433200450 . 1 Week $ 2,194.04 j Mobilization: or'damobllizaoon,.dellve y 20 charge for equipment, on flatbed trailer 1.00 $ 41424 • ehind• • cku • truck 015435501150 2: $s, 207,37 . fn • er - onrii ore. machine. • oits, HD's . 21 heant:hangers 3f4" diameters 15" long, 1.00 $ 2,195.20 MI i "'Hides. nut and Washer 050523600510 128 Ea. Mr 'f -t►`• • 9' 1.00 WEI $ 1 000.10 1.o. $ ,.‘1.00 �II a 5. - 3.00 $ E � too s 1:00 '$ 1:00. S It1111111111:1• ,"; . 8. . ;g . Uncompleted . Permanent Total :$ 81,70 .1,29 Non- • ermanent I 9998 1 LS 14250.00 1;00 $ 1,2500 1111111 1111111111 Hill ' MINI • Uncom •oted .Non- Permanent.Totat::8 ......82 ,951.19 TOTAL PART ABASE CONSTRUCTtON 'COST .$ 82.95119 } Page.4 o'flt n eneratio . . . . - • • (j, C ty of - Ht:13:_1■1 Rfido,e Decking fjk 1G(9 AK - Mike Murwy . . E=11 • ' Ma . Al -. ,– - its • ' '" . • S 81J0 Al o Oman . • • • " • tom . a' -•-• In, .1 1.280 illiaMMEmui. . 1 1.250 Pitt Alotal s , 411051.1 Is - Is - i s • Is. - , s 0Z051 1 • ' ''. . i . . • ' 41 4004 • BA Gaunt R0nstiir00101100 , . ty p Iflaht.', Entot II in &wolfing Cairn $atett & 8 sew* •Apons, Polls &MK 0.■040 Moines ..4.6% . 10%. rein ily $en1ce 1 I uvula* DAM • i10% 1o% --- - W . . Ova* Control •.. 00% 1.0% 1.00% 5004 ' ton Cm. 000% 1. tow s • S • * • t - 0 1.659 ' I 01.2 leistionn c ontInt0o5s.71874. - ' r`..... • — • • • .-- •• ' - • 1 $ • •• Is - Is • IS • ft - •;* Pot GUIs! 0 tea I I • f'$ • 10 • , I s • PART ,A through EPSUBTOTAL 1: 0010 Is • I $ • Is • f t. - ' s 84.010 . 1 . , i CA . 1 Iskiliifilistalkono CoritImilla00 J....•:' :. '.... :Agit . . Ai ... ■ L. ..1._, IS :0 2%0%. W4(1411$1:40010.. . 0% 10.. . Nii 'I NIIIIIIIIIMNIIIIIIIIt . • I , • 02 Iritillittot Prated CenattistilitIlk . • . • .,. ":, • .,. ErIltir tkin.Apprdpi1010.C*inn Fitallyor Pa2e4tTratir4101mpts.41, . . 1 1S001G for 10$0441 . • - 0 • IS • s. • s • , S " S - I • 1 • ..I • i - .„. ,... ‘,.. . .....,..• .. l ' • • AblniVP : • ca Aibeitej 81 ikinialarn daiiiingedele$ ..".:.1i1V 10 fitsi.:, Enter% In Approiniate goiumn. I i i -- as ConWsbent144. 1.0% 40%, . 4.00% . . . 210004 06340ancies 1 1.r$ 1 4::: 1 1:0 04 3: • , • St U;I Can , : encle$ • , 0 11111111110111111111111 CA a • IttlItt111110111C$105 ......... • .. ''.:' • 'LI '.• .. ' " "- '.. AO% . I. ''. S ' • ' 0 I • . ' - ! . pad C Tool . itioll I • II • • 1 1 . • 1 s • -- . .s .. . .. . PART:A*0mph C SUBTOTAL 1. 102,311 1 i •.. I . .,:. Is...... - , Is.. , , ilY43711 D OA Galt Hoitni Off100:600 Sifif •: .. • .'• :.. ' -/ • ' • ' '71% • LIIIIIIIItEaU11111111211111111111MIIIMIIIIIMMILIMINKEtmowza 1 WI 6.2 Gel kilakdir1414%$iii'.. • -.) AA% . 1 .$ 3 3241" 5 • S • S - I • ,.._ • , • • • .. ., .: 1,0,404 tom - leo% - ago erc roma type otrarieet ma swum. boom besteartopy • - r?.. . — .. • ' -. .... ' - itqlsOffiatrifil : 1{1 .NOWCOOSInseftrt 12404104140102 D.; Lf , OW CiiiitradOr'81; • ' . ' - .. . 1 . •s • . A • 1 s - i s • I s • lilliim Pan D.Total IMIErallallIMMIL11111111* LENNON 11:111•*E1111111013M PART A %tough II:SUBTOTAL . s ifsmots • I s . • ..1 $ . • IS • i i s i11,040 ' Slummy* u444410toted WO* pates P.s 7 Saws DR 166) AK P!iko PvSirur,ty Rods • E �y. ;l P' - : a oataw EllilltEl $ • $ :. • MEM EaMMOIIp PART A through.ESUBIOTAL L j rr a • t C�E ;. imminm R��� .S • N maim Eimi- P.2 V;1 r, n aimarens risrn nom mom immi mom =I= mom riorrn [o, Eumm• mown nommttm' • • Part Total 'i 1 50 S �, $ • r 1160' PART Athrough FSUSTOTAL S 11 Mt _ ,. $ • a' a 7oa d ; ..:f i I ui:YM :w 7.117 .Ly L7 n•Illm1111•11191111F11111111111 ES 111111111111MI PART A through Q SUBTOTAL riirrni a .. t . • �� t 12:110it : H H.7 li frfifiril i77.11iirl ti Cri ilWWir '`t:l .. ....1: Mr; le 1.12• ElltrilfiEr21=1=ifitiliONUANIMEniummimas mor_ait rumen rimeimmenr rump mimes }1.$ I��� :t;: men i :i6ri7�T::� ® � i flown ma n1111111 MEN MIEN rill1111111.71 Pad H To 11711111111 FEMME 11•111111111 MIME ?3P PART A: through. H MUMS. E j S 3 . - a , 1crr,�_ 1111.xir'rt_fiFu1 .,vtai t, 5138;7119 Summary for Uaaamp1ilad Wo Papa 6 9116/20/0 Total Pro�eot Summary Seward, city of - Repair Bridge Decking Co . fated Uncom ; feted Total PART A "6.1!;e Co ;" for Constn:ctiuu 4Vol k In 1 r,nlr :t, $ $ i;2,951 $ 132,91 A.1 Permanent Work . n11111.1 t 89 701 S 8170'1 A.2 .Non •Permanent At Spectftc.Work (From Part A Estimate) 8 • 9 1.250 1. 50. PART 11 r= rnr_r.il Roctuirr,rntrnt .,ind C;rru,ral Cnmiitiuns $ - :+ 1 , 65 ' -' ;, 1,6.'i9 8.1 General Regalremehts $ - :8 to MIMI K2 General. Conditions $ .. $ • PART C ConslrRP -11On Cc. ;t Ctinl ;ni;cn : :n,i, (Uc;ign rand Constructluit) $ - $ 17,7613 $ 17,763 : Cl . Standard Design-Phase $'cope Congngencles $ - $ 12692 $ 12691 .. C;2' Facltity. or Prdjact COnslrOONSIity n1111111211 MEM 111111.1111W .C.3 Access,.5lorage. and; StaQing.Contingenctea C.4 Economies of &W in New Construction r11.1.11 8 - PART General Contractor's Overhead ilnd Profit $ - 5 11,262 $ 11,262 • D.1 General Contractor's Home Office Overhead Coals. S - 7.880 $ 7:88,1 D.2 General C.ontreclor's Insurance,. Payment and Performance Bends D3 .Contractor's:Proft $ - $ • PART E Cos( Esc.drttiort Al1o;viuPCe $ 13113 $ 1310 I PART r PIpri Et ot;ri irrrrl Curr:,tructiuo Pet nrt Co', t' S - $ 1,250 5 1,250 F.1 Plan: Review Fees $ ,$ . • $ - F2 Construction Permit.Fees nillinffill ;25b 1 50 PART G AI){,'i,int's Reserve for Construction S - S 8,100 5 8,100 PART H Applicant's Project Mana :c and U ■iyn Co ”;tn S 5 12 381 5 12,3£11 H.1 Applicant's PROM 'Management Oeslgr► IMIIIMIIMI H.2 Architecture & Engineering .Design Contract Costs $ - ramrcrirmim . • H`3 Prefect Management- - Denaludlon Phase .$ - riMErinnilan Ccrwrpletu P•ujrrct Total for Cur and 11rn :urn; ;lnjr r1 Work -, trill 111'■ 1:; :1,155 Pi a 7_ IT t i 9 r LOWELL CREEK BRIDGE REHAB 10/13/10 ROM COST ESTIMATE Rev 3 TIMBER DECK REPLACEMENT PND Proj. #081063 Item Description Unit Quantity Unit Price Amount OWNER PROVIDED MATERIAL Supply (16) 33ft x 5ft Timber Glulam Deck Panels LS 1 $48,000 $48,000 Ship Panels to Site (Seattle to Seward) LB 65,000 $0.15 $9,800 Supply Pedestrian Railing (steel tube rails and timber posts) LF 80 $220 $17,600 Precast Concrete Barriers (30 total) EA 30 $1,100 $33,000 I TOTAL OWNER SUPPLIED MATERIAL COST = $108,400 CONTRACTOR PROVIDED MATERIAL / SERVICES 1 SITE MOBILIZATION AND DEMOBILIZATION Mob & Demob LS All Req'd $36,000 $36,000 SITE MOBILIZATION AND DEMOBILIZATION SUBTOTAL = $36,000 2 DEMOLITION Demo and Dispose of Existing Timber Deck and Concrete Barriers LS 1 $60,000 $60,000 DEMOLITION SUBTOTAL = $60,000 3 BRIDGE CONSTRUCTION Supply Deck Panel and Pedestrian Railing Connection Hardware LS 1 $4,000 $4,000 Installation of Timber Glulam Panels EA 16 $1,400 $22,400 Install Pedestrian Railing LF 80 $100 $8,000 Traffic Control LS 1 $20,000 $20,000 BRIDGE CONSTRUCTION SUBTOTAL = $54,400 MOB /DEMOB, DEMO AND CONSTRUCTION SUBTOTAL = $150,400 4 BRIDGE CONSTRUCTION CONTINGENCY 15% $23,000 $23,000 BRIDGE CONSTRUCTION CONTINGENCY SUBTOTAL = $23,000 I TOTAL CONTRACTOR SUPPLIED MATERIAL / SERVICES COST = $173,400 I I TOTAL BRIDGE CONSTRUCTION COST = $281,8001 5 CONSTRUCTION ADMIN & ENGINEERING LS 1 $49,086 $49,086 CONSTRUCTION CONTINGENCY SUBTOTAL = $49,086 I LOWELL CREEK BRIDGE REHAB PROJECT COST = $330,886 4 Notes: 1. Demolition estimate assumes that existing timbers will be removed and disposed of each day as new panel sections are installed (i.e. demolition is completed in sections). 2. Construction costs assume winter construction conditions. ® I © ( © Lowell Creek Rehab - Engineers Estimate Rev 3 10- 13- 10.xls Project Cost Estimate Page 1 of 1 c`i0 '2 1 ENGINEERS, INC. September 30, 2010 081063.03 Ms. Kirsten Vesel Public Works Superintendent /Project Manager City of Seward PO Box 167 Seward, Alaska 99664 Subject: Lowell Creek Bridge, Rev 3 Dear Ms. Vesel, PND Engineers, Inc. (PND) is pleased to provide this proposal to develop bid documents, coordinate ordering of materials and manage construction of the Lowell Creek Bridge deck repair /replacement. We developed engineering drawings for full deck replacement in 2008 and are prepared to assist the City of Seward (the City) in completing construction of this project by December 31, 2010. PND's scope of work for this phase of the project will be as follows: 1. Update drawings to conform to FEMA requirements. The specific scope of drawing modifications will be determined as the FEMA scope becomes better defined. 2. Order all long -lead items. These items include: o Timber deck members o Pedestrian railing structural members o Precast concrete barriers It is assumed the Contractor will provide all required equipment, miscellaneous hardware, nuts /bolts, tools, etc. It is also assumed that PND will coordinate material requisition and that the City will directly purchase the material. 3. Develop a bid package for construction. It is assumed that the City General Conditions and other "boiler plate" documents will be provided to PND for incorporation into the package. 4. Advertise the construction bid and assist the City with bid opening. Compile bid tabs and provide award recommendation to City. It is assumed that bid opening will occur in Seward and that PND will not need to be in attendance. Advertising is assumed to only be required for four days in the Anchorage Daily News and the Seward Phoenix Log. 5. Conduct a mandatory pre -bid meeting in Seward. 6. Manage the project through fabrication and construction. PND will perform the day -to -day activities associated with project management and deal directly with the Contractor. PND's project manager will also coordinate with the City regarding progress, contract changes and coordination with the public. PND will provide an on -site representative throughout the on -site construction effort. This proposal assumes that site construction will require a maximum of 7 days to complete and PND field effort is limited to this duration. The duration will be dependent upon the allowed duration of road closures, which PND recommends to be provided at 8 hours per night during construction 7. Perform at least one site visit to the fabrication shop if fabrication occurs either in the Seattle or Anchorage areas. 1506 West 36'x' Avenue . ANCHORAGE, ALASKA 99503 • Phone 907.561.1011 Fax 907.563.4220 Si mitattoomminster Page 2 September 30, 2010 Lowell Creek Bridge 8. Coordinate contractor development of a traffic control plan and coordinate traffic control requirements with the City. 9. Perform public relations, as necessary. There will be some required interaction as deck replacement will impact drivers on the road. The attached budget assumes that the City will coordinate early public notifications and write necessary documents. PND will coordinate and hold a public meeting to notify public of road closures 2 weeks prior to commencement of construction. 10. Review permitting requirements, notify permitting agencies of project, and obtain any required permits. The attached budget assumes that the only permitting which will be required consists of agency notification. Based upon conversations with the City, construction will likely be December, 2010. In order to meet this construction window, the following schedule is provided. Order Materials October 15, 2010 Advertise Invitation to Bid October 25, 2010 Bid Date November 8, 2010 Notice of Intent to Award November 15, 2010 Latest Date of Award November 23, 2010 Field Construction Approximately December 6, 2010 PND proposes to complete these items on a Time and Materials Basis budget of $49,086 as detailed in the attached fee estimate. Billings will be per PND's Standard Rate Schedule, attached. In order to meet the schedule above, it is assumed that PND will receive a Notice -To- Proceed no later than October 6, 2010. We look forward to assisting the City through successful completion of this project. Sincerely, PND Engineers, Inc. I Anchorage Office Kenton W. Braun, P.E. Vice President Attachments: Fee Estimate PND Rate Schedule 62 ®IEl September 30, 2010 PND Project No.: 81063.03 Time and Materials Fee Proposal for Lowell Creek Bridge Deck Replacement and Fence Repair Bid Support and Project Management Professional 1 Admin. ENGINEERING SERVICES Principal Senior I Staff i Env En r. CAD Technician 9 Engr- I Engr. III Scient. Designer IV v Total Cost hourly rate $175.00 $110.00 $90.00 $90.00 $90.00 $90.00 TASK DESCRIPTION HOURS per TASK by DISCIPLINE Bridge Deck Replacement 1 Drawing Update 6 16 2 Develop Bid Documents 8 24 16 $4,250 4 $4,400 3 Prebid and Bid Support 12 12 2 4 Materials Procurement Support 6 2 4 $3,960 5 Fabrication Support 4 8 $4,520 20 20 $4,700 6 Construction Support 12 70 20 4 7 Coord Traffic Control Plan 2 6 $11,960 8 Public Relations 12 20 $1,010 9 Permitting 2 2 4 24 24 $8,980 Subtotal 64 195 46 28 44 4 $1,290 20 $45,070 Reimbursable Expenses - (description) Markup 1 Vehicle (assume 2 trips) 480 miles @ $0.50 1.1 $264 2 Lodging 7 days @ 3 Per Diem 7 days $ 00 1 1.1 1 $ $ 539 s Y @ 4 Advertising LS Included $539 $750 5 Miscellaneous LS Included $1,000 Subtotal Reimbursable Expenses $4,016 IlTotai for Lowell Creek PM $49,0861 83 ENGINEERS, INC. PND ENGINEERS, INC. STANDARD RATE SCHEDULE EFFECTIVE MAY 2010 Regular Rate Professional: Senior Engineer VII $175.00 Senior Engineer VI $160.00 Senior Engineer V $150.00 Senior Engineer IV $140.00 Senior Engineer III $130.00 Senior Engineer II $120.00 Senior Engineer I $110.00 Staff Engineer V $100.00 Staff Engineer IV $95.00 Staff Engineer III $90.00 Staff Engineer II $85.00 Staff Engineer I $80.00 Senior Environmental Scientist $100.00 Environmental Scientist $90.00 GIS Specialist $90.00 Surveyors: Senior Land Surveyor $105.00 Land Surveyor I $95.00 Technicians: Technician VI $125.00 Technician V $105.00 Technician IV $90.00 Technician III $80.00 Technician II $75.00 Technician I $70.00 CAD Designer V $90.00 CAD Designer IV $85.00 CAD Designer III $70.00 64 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2010 -101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A SECOND AMENDMENT TO THE QUARRY AGREEMENT WITH WEST CONSTRUCTION COMPANY TO PRODUCE ADDITIONAL TYPE II RIP RAP AND TYPE III (COBBLES) FOR THE NORTH FOREST ACRES LEVEE/ROAD PROJECT, AND APPROPRIATE FUNDS WHEREAS, Resolution 2010 -014, authorized the City Manager to enter into an agreement with West Construction Company to produce classified rock from the City Quarry for the Small Boat Harbor Breakwater Extension, utilizing a Federal Procurement Process; and WHEREAS, Resolution 2010 -071, approved a contract with West Construction for production of rock for the North Forest Acres Levee /Road Project; and WHEREAS, Resolution 2010 -072, amended the agreement with West Construction for production of rock for the North Forest Acres Levee /Road Project to include production of Class III and Class II riprap in lieu of royalty payments; and WHEREAS, the Class III and Class II riprap produced in lieu of royalty payments per Resolution 2010 -072 does not meet the Type III and Type II rock specifications for the material needed on the North Forest Acres Levee /Road Project; and WHEREAS, Bill Nelson and Associates' recalculation of needed quantities for the North Forest Acres Levee /Road Project requires the production of additional Class II rock and Class III (cobbles); and WHEREAS, West Construction is able and willing to timely produce an additional 3,200 CY of Cobbles and 4,400 CY of Class II for a competitive price; and WHEREAS, it is in the City's best interest to utilize the availability of West Construction to produce the rock in a timely fashion to avoid project delays. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEWARD, ALASKA: Section 1. The City Manager is authorized to enter into a second amendment to the agreement, in substantially the form presented at this meeting, between the City of Seward and West Construction Company to produce an additional 3,200 CY of Cobbles and 4,400 CY of Class II. 65 CITY OF SEWARD, ALASKA RESOLUTION 2010 -101 Section 2. The cost of the rock production, will be at the same pricing for production of the original quantities ($30 /CY for cobbles, $35.10 /CY for Class II), with an additional lump sum amount ($67,000) for mobilizing and demobilizing a generator for the plant, wire and test the generator with a licensed electrician, set a pump and connect the discharge pipe, pump the water, disassemble the discharge pipe and permit the pumping operation. Section 3. The total project cost, for the additional rock production, will be an amount not -to- exceed $317,440. Section 4. Funding in the amount of $317,440 will come from NRCS Federal Grant account number 666 - 6661 -5390. Section 5. This resolution shall take affect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, and this 25th day of October, 2010. THE CITY OF SEWARD, ALASKA Willard E Dunham, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC, City Clerk (City Seal) Council Agenda Statement Meeting Date: October 25, 2010 e j OF gE� To: Phillip Oates, City Manage v �� : � ' o A. � From: William Casey, Public Works 'sa -„ Agenda Item: Amendment Number Two to the Quarry Agreement with West Construction Company and appropriate funds BACKGROUND & JUSTIFICATION: On February 22, 2010, Resolution 2010 -014, authorized the City Manager to enter into an agreement with West Construction in March 2010 to allow West to remove rock from the Quarry for purposes of working with the Army Corps of Engineers to extend the breakwall in the Small Boat Harbor. The Agreement provides for payment to the City with West Construction Company to produce classified rock from the City's Quarry for the Small Boat Harbor Breakwater Extension, utilizing a Federal Procurement Process. On July 27, 2010, Resolution 2010 -071, approved a contract with West Construction for production of rack for the North Forest Acres Levee /Road Project. On August 2, 2010, an amendment to the agreement was authorized. Resolution 2010 -072 authorized the City Manager to enter into an amendment to the Quarry agreement with West Construction Company to allow payment in kind of Class III and Class II riprap in lieu of royalty payments. In late September 2010, Bill Nelson and Associates recalculation of needed quantities for the North Forest Acres Levee /Road Project determined the need to produce additional Class II rock and Class III (cobbles). The Class III and Class II riprap produced in lieu of royalty payments per Resolution 2010 -072 does not meet the Type III and Type II rock specifications for the material needed on the North Forest Acres Levee/Road Project and there is an urgent need to produce additional material. West Construction is able and willing to timely produce an additional 3,200 CY of Cobbles and 4,400 CY of Class II at the same pricing for production of the original quantities. It is in the City's best interest to utilize the availability of West Construction to produce the rock in a timely fashion to avoid project delays. INTENT: To enter into Amendment Number Two to the Quarry Agreement with West Construction to produce an additional 3,200 CY of Cobbles and 4,400 CY of Class II. The cost of the rock production, will be at the same pricing for production ofthe original quantities ($30 /CY for cobbles, $35.10/CY for Class II), with an additional lump sum amount ($67,000) for mobilizing, demobilizing and operation costs. The total project cost, for the additional rock production, will be an amount not- to- exceed $317,440. FISCAL NOTE: Funding in the total amount of $317,440 is hereby appropriated from NRCS Construction Grant account no. 666 - 6661 -3050. Approved by Finance Department: ■4(., 7 ATTORNEY REVIEW: Yes X No RECOMMENDATION: Council supports Resolution 2010 -10/ authorizing the City Manager to enter into a second amendment to the agreement, in substantial form presented at this meeting, between the City of Seward and West Construction Company to produce an additional 3,200 CY of Cobbles and 4,400 CY of Class II. The cost of the rock production, will be at the same pricing for production of the original quantities ($30 /CY for cobbles, $35.10 /CY for Class II) with an additional lump sum amount ($67,000) for mobilizing and demobilizing a generator for the plant, wire and test the generator with a licensed electrician to comply with MSHA regulations, set a pump and connect the discharge pipe, pump the water, disassemble the discharge pipe and permit the pumping operation. The total project cost, for the additional rock production, will be an amount not -to- exceed $317,440. • 68 SECOND AMENDMENT TO ROCK REMOVAL AGREEMENT CITY OF SEWARD ROCK QUARRY, SMIC The Second Amendment is entered into this day of , 2010, by and between the City of Seward, Alaska ( "City ") and West Construction Company, an Alaskan corporation ('West") to amend the agreement entered into by the parties dated March , 2010 ( "Agreement ") and First amendment to the agreement entered into by the parties dated August , 2010 ( "First Amendment "); WHEREAS, the City desires to have available a quantity of large Class III and Class II riprap rock for projects within the City; and WHEREAS, West has the equipment, knowledge and ability to produce Class III and Class II riprap for the City's Quarry; and WHEREAS, the parties agree to modify the method of compensating the City for rock and other materials removed from the Quarry under the Agreement and First Amendment, NOW, THEREFORE, the parties agree that: West owes the City $0.00 for rock and other materials removed from the Quarry under the Agreement and First Amendment; West shall produce an additional 3,200 CY of Cobbles and 4,400 CY of Class II. The cost of the rock production, will be at the same pricing as in the Agreement and First Amendment for production of the original quantities ($30 /CY for cobbles, $35.10 /CY for Class II) with an additional lump sum amount ($67,000) for mobilizing and demobilizing a generator for the plant, wire and test the generator with a licensed electrician to comply with MSHA regulations, set a pump and connect the discharge pipe, pump the water, disassemble the discharge pipe and permit the pumping operation. The total project cost, for the additional rock production, will be an amount not -to- exceed $317,440. All other provisions of the Agreement remain in full force and effect. IN WITNESS WHEREOF the Parties hereto have executed this Amendment, the day and year first above written. Page 1 of 2 WEST CONSTRUCTION COMPANY, INC. By: Bryce Erickson, Vice President CITY OF SEWARD Phillip Oates, City Manager Page 2 of 2 0 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2010 -014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH WEST CONSTRUCTION COMPANY AT A RATE OF $4.88 PER CUBIC YARD FOR AN AMOUNT NOT -TO- EXCEED 19,900 CUBIC YARDS OF ROCK FROM THE QUARRY FOR AN EXTENSION TO THE BREAKWATER AT THE SEWARD SMALL BOAT HARBOR WHEREAS, after authorization through WRDA in 1999, a breakwater for the City of Seward's boat harbor was designed and constructed by the U.S. Army Corps of Engineers; and WHEREAS, construction of the breakwater was completed in FY 2005; and WHEREAS, a number of subsequent inclement weather events revealed that the new breakwater did not adequately protect boats in the harbor; and WHEREAS, after examining the impact of heavy wave action in the harbor, the Corps acknowledged responsibility for an engineering design error; and WHEREAS, a subsequent engineering assessment by the Corps identified extension of the outer breakwater by 215 feet as the most cost - effective and technically- viable solution; and WHEREAS; the Unites States Congress recently approved a WRDA project modification authorization to correct and fund the problem to extend the breakwater; and WHEREAS, the breakwater extension requires an estimated 19,900 cubic yards of rock; and WHEREAS, West Construction Company (West) has entered into a contract with a third party wherein West has agreed to provide approximately 19,900 cubic yards of rock for an extension to the breakwater at the Seward Small Boat Harbor, in accordance with a contract between West and the United States; and WHEREAS, West has determined that a sufficient quantity of rock of the quality needed for the Project is available at the City's rock quarry located on Tract "C" of the Fourth of July Creek Tracts according to Plat 84 -6, commonly referred to as the Seward Marine Industrial Center ( "SMIC "), whose location is within Section 17, TIS, RIS, Seward Meridian ( "the Quarry "); and ism CITY OF SEWARD, ALASKA RESOLUTION 2010 -014 WHEREAS, West shall have non - exclusive rights to remove Rock from the Quarry during the term of this Agreement; and WHEREAS, the City shall have access to the Quarry to remove rock as needed to respond to any emergency threatening the safety of person or property; and WHEREAS, West acknowledges that other persons may have nonexclusive rights granted by the City to remove rock from the Quarry, now and in the future, and West expressly agrees to take all actions necessary (1) to avoid interfering with their activities and (2) to promote safety within the Quarry; and WHEREAS, the city manager and the public works department looked at historical data for pricing of rock from the City's Quarry and two other quarries in the state and concluded that $4.88 per cubic yard is a fair market value; and WHEREAS, the cost of rock at $4.88 per cubic yard is in the best interest of the City per SCC 7.25.010 because the material will be used for a City project; and WHEREAS, the City wishes to enter into an agreement whereby West may extract rock from the Quarry for use on the Project without interfering with other users at the Quarry. 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 an agreement, in substantial form as presented at this meeting, with West Construction Company to provide approximately 19,900 cubic yards of rock for an extension to the breakwater at the Seward Small Boat Harbor in accordance with a contract between West and the United States. Section 2. The City will be reimbursed for rock removed from the Quarry at the rate of $4.88 per cubic yard on or before the first day of each month without demand or notice from the City. Section 3. The cost of the rock at $4.88 per cubic yard is in the best interest of the City per SCC 7.25.010. Section 4. The $97,112 in revenues from the sale of the rock quarry will be taken from the general fund and committed to the capital acquisition fund for the purpose of cleaning up the rock quarry. Section 5. This resolution shall take effect immediately upon its adoption. J 0 4-is CITY OF SEWARD, ALASKA RESOLUTION 2010 -014 PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 22 day of February 2010. THE CITY OF SEWARD, ALASKA illard E. Dunham, Mayor AYES: Valdatta, Bardarson, Keil, Amberg, Shafer, Dunham NOES: None ABSENT: Smith ABSTAIN: None ATTEST: 4 S 1 • ran Le ' is, C ' ity Cler SE AL a e (City Seal) • ve of: 1 /4 r L Council Agenda Statement Meeting Date: February 22, 2010 1 oF SFa Through: Phillip Oates, City Manager ms's From: W.C. Casey, Public Works Director ASKQ Agenda Item: Authorizing the City Manager to Enter into an Agreement with West Construction Company Contract at the rate of $4.88 per cubic yard for an amount not -to- exceed 19,900 cubic yards of rock from the City's Quarry for an extension to the breakwater at the Seward Small Boat Harbor. BACKGROUND & JUSTIFICATION: After authorization through the Water Resources Development Act (WRDA) in 1999, a breakwater for the City of Seward's boat harbor was designed and constructed by the U.S. Army Corps of Engineers. The construction of the breakwater was completed in FY 2005. A number of subsequent inclement weather events revealed that the new breakwater did not adequately protect boats in the harbor. Examining the impact of heavy wave action in the harbor, the Corps acknowledged responsibility for an engineering design error. A subsequent engineering assessment by the Corps identified extension of the outer breakwater by 215 feet as the most cost - effective and technically - viable solution. The Unites States Congress recently approved a WRDA project modification authorization to correct and fund the problem to extend the breakwater. The breakwater extension requires an estimated 19,900 cubic yards of rock. West Construction Company (West) has entered into a contract with a third party wherein West has agreed to provide approximately 19,900 cubic yards of rock for an extension to the breakwater at the Seward Small Boat Harbor, in accordance with a contract between West and the United States. West has determined that a sufficient quantity of rock of the quality needed for the Project is available at the City's rock quarry located on Tract "C" of the Fourth of July Creek Tracts according to Plat 84 -6, commonly referred to as the Seward Marine Industrial Center ( "SMIC "), whose location is within Section 17, TIS, RIS, Seward Meridian ( "the Quarry"). West shall have non - exclusive rights to remove Rock from the Quarry during the term of this Agreement. The City shall have access to the Quarry to remove rock as needed to respond to any emergency threatening the safety of person or property. West acknowledges that other persons may have nonexclusive rights granted by the City to remove rock from the Quarry, now and in the future. West expressly agrees to take all actions necessary (1) to avoid interfering with their activities and (2) to promote safety within the Quarry. The City wishes to enter into an agreement whereby West may extract rock from the Quarry for use on the Project without interfering with other users at the Quarry. The city manager and the public works department looked at historical data for pricing of rock 04 from the City's Quarry and two other quarries in the state and concluded that $4.88 per cubic yard is a fair market value. The cost of rock at $4.88 per cubic yard is in the best interest of the City per SCC 7.25.010 because the material will be used for a City project. INTENT: To enter into an agreement with West Construction Company for $4.88 per cubic yard and provide approximately 19,900 cubic yards of rock for an extension to the breakwater at the Seward Small Boat Harbor. ATTORNEY REVIEW: YES CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. FISCAL NOTE: Revenues from the sale of quarry rock will benefit the City's general fund in an amount not to exceed $97,112.00. Approved by Finance Department: NGiU RECOMMENDATION: Council to approve Resolution 2010 - Of U - authorizing the city manager to enter into an agreement, in substantial form as presented at this meeting, with West Construction Company at the rate of $4.88 per cubic yard for an amount not -to- exceed 19,900 cubic yards of rock from the Quarry for an extension to the breakwater at the Seward Small Boat Harbor. J Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2010 -071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING A CONTRACT WITH WEST CONSTRUCTION COMPANY, INC., UTILIZING A FEDERAL PROCUREMENT PROCESS BID, FOR PRODUCTION OF ROCK FOR THE NORTH FOREST ACRES LEVEE/ROAD CONSTRUCTION, AND APPROPRIATING FUNDS WHEREAS, the City of Seward has been pursuing construction of the North Forest Acres levee /road for approximately ten years, as one of the community's primary flood mitigation measures aimed at protecting private and public property repeatedly subject to costly flood events over the past three decades; and WHEREAS, a federal grant for construction of the levee/road is set to expire September 30, 2010 unless the City can demonstrate meaningful progress on the construction component of the project, demonstrated by expenditure of funds related to the construction of the project; and WHEREAS, West Construction Company, Inc. (West) is currently mobilized in Seward and operating in the City's quarry to produce rock for the harbor breakwater project which is being managed by the U.S. Army Corps of Engineers (USACE); and WHEREAS, West's contract with USACE was the result of a competitive procurement process, and West has agreed to provide class II rip rap and cobbles to the City of Seward according to the required specifications, at a price less than or equal to that offered to the USACE, since they are already mobilized in Seward; and WHEREAS, Seward City Code 6.10.120(10)(b) authorizes the City of Seward to utilize competitive bids obtained by other governmental units, and West Construction Company, Inc. participated in an extensive request for proposals process with the USACE when awarded the contract related to the harbor breakwater project, and West has agreed to provide services to the City at the same or lower rate than that competitive bid price offered to the USACE which is a rate substantially lower than what the City would expect to obtain if submitting their own request for proposals, due to the costs involved in mobilization and demobilization to the site. 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 for the production, sorting and classification of rock with West Construction Company, Inc. in an amount not to exceed $175,056.75, which includes the base contract price of $159,142.50 plus a 10% contingency. .. Section 2. The above recitals are incorporated herein and the Seward City Council hereby finds that the public interest is best served by authorizing this contract in accordance with SCC 9 CITY OF SEWARD, ALASKA RESOLUTION 2010 -071 J 6.10.130 and based on the USACE competitive procurement process, as authorized by SCC 6.10.120(B). Section 3. Funding in the amount of $175,056.75 is hereby appropriated from the NRCS federal grant fund account no. 666- 6663 -3050 to contracted services account no. 666- 6663 -3050. Section 4. This resolution shall take affect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, July 27, 2009. THE CITY 0 SEWARD, ALASKA Willard E. Dunham, Mayor AYES: Valdatta, Bardarson, Keil, Amberg, Schafer, Dunham NOES: None ABSENT: Smith, Keil ABSTAIN: None ATTEST: Je. ewis Cit Clerk p ,�uuity oi � Of Se4• 640 (City Seal) • c 0 •�`4 #01, 3 t i• SEAL j• • .� '4q;� O F A*►P •`' IN.....e 1s- Council Agenda Statement Meeting Date: July 27, 2010 , o f sets, -t q To: Phillip Oates, City Manager* "� 'tk' „ From: Kristin Erchinger, Finance Director P ik/ I & Asr-P Agenda Item: West Construction Company, Inc. contract to produce rip rap and cobbles for N. Forest Acres levee /road construction project BACKGROUND & JUSTIFICATION: After more than ten years, the City of Seward has begun the construction -phase ofthe North Forest Acres Levee/Road project. We have completed installation of two power poles (with replacement of other poles to follow), and are now prepared to begin the construction process. West Construction Company, Inc. (West) is currently operating in the City's quarry to produce rock for the U.S. Army Corps of Engineers (USACE) as part of the project to construct the harbor breakwater. The USACE's contract with West is the result of a competitive procurement process. The Seward City Code authorizes the City to utilize competitive bids received from other governmental entities. West has agreed to provide class II rip rap and cobbles to the City of Seward in accordance with the required project specifications, at a price less than or equal to the price offered to the USACE as a result of the competitive bidding process. The City's cost savings is due in large part, to the fact that the contractor is already mobilized and operating within the quarry. The City currently has a federal grant from the National Resource Conservation Service (NRCS) which is slated to expire September 30, 2010, unless the City can demonstrate substantial progress on construction of the levee /road. Due to the length of time it has taken to finalize property acquisition for the project, construction has been delayed, and it is unlikely that the City could get a contractor to accomplish enough of a construction effort before the deadline, to satisfy the granting agency. Therefore, the administration supports the City's separate contract for producing rock, in order to expedite the acquisition and achieve significant cost savings. West is prepared to begin production of rock immediately. INTENT: Immediately procure contract to produce class II rip rap and cobbles for N. Forest Acres Levee/Road Project, to ensure availability of remaining federal grant funding. CONSISTENCY CHECKLIST: Where applicable, this resolution/ordinance is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. FISCAL NOTE: rV1 122vi'et,t�'. No Funding for this project will come from the federal grant funds administered by the National Resource Conservation Service. Approved by Finance Department: ,944.1.,614,A46,1„, � RECOMMENDATION: City Council approve a contract with West Construction Company, Inc. and appropriate funds for production of rock for the N. Forest Acres Levee /Road Project. '8 Sponsored by: Phillip Oates t � • CITY OF SEWARD, ALASKA RESOLUTION 2010 -072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AMENDMENT TO THE QUARRY AGREEMENT WITH WEST CONSTRUCTION COMPANY TO ALLOW PAYMENT IN KIND OF CLASS III AND CLASS II RIPRAP WHEREAS, on February 22, 2010 the Seward City Council approved an Agreement with West Construction Company to remove rock from the City's quarry for use in extending the breakwater at the Small Boat Harbor; and WHEREAS, West has the equipment and expertise to produce Class 111 and Class II riprap that the City could use for future projects; and WHEREAS, the parties agree that payment of the $97,000 owed by West to the City under the Agreement could be paid by producing an equivalent value of Class III and Class II riprap for the City; and 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 an amendment, in substantially the form presented at this meeting, to the Agreement between the City of Seward and West Construction Company dated Mach F 22 , 2010 for the purpose of amending the method of payment. Section 2. This resolution shall take affect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 2nd day of August, 2010. THE CITY OF WARD, ALASKA Willard E. Dunham, Mayor E mow CITY OF SEWARD, ALASKA RESOLUTION 2010 -072 J AYES: Bardarson, Keil, Smith, Amberg, Shafer, Corbridge NOES: None ABSENT: Valdatta ABSTAIN: None ATTEST: Lewi W • ty Clerk • ' ` 11 /11fgN (City Seal) , 0 � ,�1d , 40 O ` . a . 4. • 4 ► • . • • '. r jy • • • � O •• J %/ o • j 1. 0 , . COUNCIL AGENDA STATEMENT Meeting Date: August 2, 2010 `µ c j at "„;`% From: Phillip Oates, City Manager Subject: Amendment to Quarry Agreement with West Construction Com .an BACKGR & JUSTIFICATION The City of Seward entered into an agreement with West Construction Company in March 2010 to allow West to remove rock from the Quarry for purposes of working with the Army Corps of Engineers to extend the breakwall in the Small Boat Harbor. The Agreement provides for payment to the City, and the amount owed is now $97,000. West has the equipment and trained personnel to blast and sort rock in the Quarry, and the City has a need for Class III and Class II large riprap for future projects. The proposed amendment to the Agreement would allow West to pay the City by producing and storing in the Quarry an amount of Class III and Class II riprap equivalent to the $97,000 amount owed to the City. The City does not have the equipment and training to produce the riprap on its own. CONSISTENCY CHECKLIST Yes No N/A I. Comprehensive Plan X Economic Development... 2. Strategic Plan X Economic Base. FISCAL NOTE Finance Department: ATTORNEY REVIEW Yes RECOMMENDATION Council approve Resolution 2010- authorizing the City Manager to enter into an amendment to the March 2010 Quarry Agreement with West Construction Company. — ' 1 O rrr• Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2010 -102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING THE CITY OF SEWARD'S CALENDAR YEAR 2011 STATE LEGISLATIVE PRIORITIES WHEREAS, the City annually compiles a list of projects or issues that are identified as top state legislative priorities; and WHEREAS, the list of projects is compiled and distributed to the State of Alaska Legislature, Kenai Peninsula Borough, and City of Seward lobbyist; and WHEREAS, this resolution validates projects, prioritizes needs, and focuses the efforts of City Administration in its lobbying efforts; and WHEREAS, the passage of this resolution occurs through a public process; and WHEREAS, all projects on this list are consistent with the City Comprehensive and Strategic Plans. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The following list of legislative projects is hereby declared to be the official legislative priority list of the City of Seward for the 2011 State of Alaska legislative session: 1. STATE FUNDED PROJECTS WITH LOCAL MATCH A. PUBLIC FACILITIES (1) $125 thousand for kitchen expansion and renovations in the Seward Senior Center (the Senior Center will provide a matching $90 thousand to complete this project) (2) $2.5 million for constructing a 100' x 80' metal building to replace and relocate our existing public works shop (the City will provide land for the new building) (3) $2 million for expanding the Providence Seward Hospital Medical Clinic, moving the CT scanner into the facility, increasing backup generator capacity, and improving space for primary health care (the City provides $500 thousand annually for hospital financing of capital improvements) (4) $2 million for constructing a 100'x 80' metal building to house emergency response equipment, and shelter supplies at the Fort Raymond Satellite Fire Station (the City will provide a $500 thousand match to complete the project) CITY OF SEWARD, ALASKA 10 RESOLUTION 2010 -102 B. PORT, HARBOR, AND INDUSTRIAL AREA (1) $16 million for extending the Seward Marine Industrial Center basin breakwater to improve and increase ship moorage and loading capacity, ship repair capabilities, seafood processing operations, and barge landings (2) $100.5 thousand for engineering and design to replace failing infrastructure in the Seward Small Boat Harbor including A, B, C, D floats (3) $600 thousand for the Municipal Harbor Matching Grant Program to support replacing "D" Float in the Seward Small Boat Harbor (4) $575 thousand for building a Handicap Accessible Fish Cleaning Station in the Northeast Launch Ramp Area of the Seward Small Boat Harbor (5) $250 thousand for paving and improving drainage in the northeast parking lot of the Seward Small Boat Harbor (6) $450 thousand for paving the road and parking lot on the South Seward Small Boat Harbor Uplands area (7) $1.5 million for storm water discharge infrastructure that includes a security fence around the city vessel storage area at the Seward Marine Industrial Center (8) $1.7 million for doubling the capacity of the ship lift (syncrolift) and improving dock capabilities at the Seward Marine Industrial Center (9) $25 thousand to upgrade the Harbor Security Camera System (10) $4.5 million for completing sheet piling and adding moorage along the north side of the Seward Small Boat Harbor C. ELECTRIC (1) $2 million for completing the standby generator complex for the Seward Electric Utility as a match for $6 million in City revenue bond funding (this project includes moving 2 each 2.5 MW generators into a new generator plant building; constructing a warehouse complex; and completing the installation of automated generator controls through a Supervisory Control and Data Acquisition (SCADA) system) (2) $12 million for upgrading the transmission line to 115KV in Seward to reduce line loss while improving efficiency and reliability of power distribution throughout the service area (3) $300 thousand for installing automatic electrical metering equipment to improve customer service, outage management, and load management (the City will provide a 100% match of $300 thousand to complete the project) (4) $85 thousand for establishing improvements to redundant capabilities for providing electrical power during emergencies, such as a tsunami, to the downtown and hospital area of Seward (the City will provide a 100% match of $85 thousand for the project) (5) $5 million from the Rail -belt inter -tie funds for upgrading transmission lines between Anchorage and Seward 1 03 CITY OF SEWARD, ALASKA RESOLUTION 2010 -102 D. ROADS, STREETS, AND ADA ACCESIBILITY (1) $100 thousand for improving City ADA accessibility (2) $2.25 million for Seward Community Roads for repaving road surfaces, reconstructing sidewalks, and improving roadway drainage systems (3) $2.496 million for design, engineering, construction, and protection from coastal erosion for the Lowell Point Road in the City of Seward (this road provides the sole land access to critical public infrastructure, state parks, and a Kenai Peninsula Borough residential housing area) 2. CRUISE SHIP HEAD TAX OR CRUISE SHIP GAMBLING TAX (1) $150 thousand to improve public restrooms in the Seward Small Boat Harbor (2) $500 thousand for improving the cruise ship pedestrian corridor between the Alaska Railroad Terminal and Cruise Ship Terminal (3) $175 thousand to complete an ADA accessible boardwalk for cruise ship passengers in the Seward Small Boat Harbor (the City will provide $50 thousand to this project) (4) $2 million for building a new water storage tank and distribution system that will establish the excess capacity that is necessary to provide water and improved fire protection to cruise ships (this funding will match approximately $2.5 million from stimulus funding and low- interest loans) (5) $275 thousand to prevent erosion that threatens a U.S. Coast Guard communication tower for transmitting emergency communications to cruise ships and other vessels 3. STATE FUNDED PROJECTS (1) $2 million for dock improvements and dredging at the Seward Marine Center to prepare for the R/V Sikuliaq (2) $155 thousand in the Department of Corrections Operating Budget to add an emergency wastewater bypass (with valves and piping) to keep the Spring Creek Correctional Facility sewage system operational in the event of a system failure (3) $60 thousand for studying the feasibility of a hydro electric plant to produce renewable energy in Seward 4. BENEFICIAL LEGISLATION (1) Appropriation for upgrading Seward Highway (MP18 -25.5) in the STIP (2) Appropriation for upgrading Seward Highway (MP 25.5 -36) in the STIP (3) Appropriation for upgrading the Sterling Highway (MP 45 -60) in the STIP 104 CITY OF SEWARD, ALASKA RESOLUTION 2010 -102 (4) Construction of a highway exit off the Seward Highway in the vicinity of MP 6 for better and safer vehicle access to Camelot and Salmon Creek subdivisions (5) Support for continuing Medicaid programs and capital cost reimbursement at not less than current year funding levels (6) Return of service to Seward by the State Ferry Tustumena (7) Alternative Energy Programs that encourage and fund participation by the City and its electrical utility customers (8) Support of legislation forming an Alaska Invasive Species Council to help coordinate proactive action to prevent detrimental invasive species from being introduced into Alaska Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 25 day of October, 2010. THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) 105 Council Agenda Statement e 4 Of S ets, Meeting Date: October 25, 2010 '�CAS� From: Phillip Oates, City Manager Agenda Item: Calendar Year 2011 State Legislative Priorities BACKGROUND & JUSTIFICATION: The City annually compiles a list of projects or issues that we identify as our top legislative priorities. The list of projects is compiled into a package that is then distributed to the Governor's Office, our legislators, the Kenai Peninsula Borough (for inclusion in their legislative package), and our lobbyist. This prioritized list validates the projects and greatly focuses the efforts of the Administration in our lobbying effort as we seek funding or other resolution through State government. The following list is submitted to the City Council for review and approval. 1. STATE FUNDED PROJECTS WITH LOCAL MATCH A. PUBLIC FACILITIES (1) $125 thousand for kitchen expansion and renovations in the Seward Senior Center (the Senior Center will provide a matching $90 thousand to complete this project) (2) $2.5 million for constructing a 100' x 80' metal building to replace and relocate our existing public works shop (the City will provide land for the new building) (3) $2 million for expanding the Providence Seward Hospital Medical Clinic, moving the CT scanner into the facility, increasing backup generator capacity, and improving space for primary health care (the City provides $500 thousand annually for hospital financing of capital improvements) (4) $2 million for constructing a 100'x 80' metal building to house emergency response equipment, and shelter supplies at the Fort Raymond Satellite Fire Station (the City will provide a $500 thousand match to complete the project) B. PORT, HARBOR, AND INDUSIAL AREA (1) $16 million for extending the Seward Marine Industrial Center basin breakwater to improve and increase ship moorage and loading capacity, ship repair capabilities, seafood processing operations, and barge landings (2) $100.5 thousand for engineering and design to replace failing infrastructure in the Seward Small Boat Harbor including A, B, C, D floats (3) $600 thousand for the Municipal Harbor Matching Grant Program to support replacing "D" Float in the Seward Small Boat Harbor (4) $575 thousand for building a Handicap Accessible Fish Cleaning Station in the Northeast Launch Ramp Area of the Seward Small Boat Harbor (5) $250 thousand for paving and improving drainage in the northeast parking lot of the Seward Small Boat Harbor (6) $450 thousand for paving the road and parking lot on the South Seward Small Boat n C{6 Harbor Uplands area (7) $1.5 million for storm water discharge infrastructure that includes a security fence around the city vessel storage area at the Seward Marine Industrial Center (8) $1.7 million for doubling the capacity of the ship lift (syncrolift) and improving dock capabilities at the Seward Marine Industrial Center (9) $25 thousand to upgrade the Harbor Security Camera System (10) $4.5 million for completing sheet piling and adding moorage along the north side of the Seward Small Boat Harbor C. ELECTRIC (1) $2 million for completing the standby generator complex for the Seward Electric Utility as a match for $6 million in City revenue bond funding (this project includes moving 2 each 2.5 MW generators into a new generator plant building; constructing a warehouse complex; and completing the installation of automated generator controls through a Supervisory Control and Data Acquisition (SCADA) system) (2) $12 million for upgrading the transmission line to 115KV in Seward to reduce line loss while improving efficiency and reliability of power distribution throughout the service area (3) $300 thousand for installing automatic electrical metering equipment to improve customer service, outage management, and load management (the City will provide a 100% match of $300 thousand to complete the project) (4) $85 thousand for establishing improvements to redundant capabilities for providing electrical power during emergencies, such as a tsunami, to the downtown and hospital area of Seward (the City will provide a 100% match of $85 thousand for the project) (5) $5 million from the Rail -belt inter -tie funds for upgrading transmission lines between Anchorage and Seward D. ROADS, STREETS, AND ADA ACCESIBILITY (1) $100 thousand for improving City ADA accessibility (2) $2.25 million for Seward Community Roads for repaving road surfaces, reconstructing sidewalks, and improving roadway drainage systems (3) $2.496 million for design, engineering, construction, and protection from coastal erosion for the Lowell Point Road in the City of Seward (this road provides the sole land access to critical public infrastructure, state parks, and a Kenai Peninsula Borough residential housing area) 2. CRUISE SHIP HEAD TAX OR CRUISE SHIP GAMBLING TAX (1) $150 thousand to improve public restrooms in the Seward Small Boat Harbor (2) $500 thousand for improving the cruise ship pedestrian corridor between the Alaska Railroad Terminal and Cruise Ship Terminal (3) $175 thousand to complete an ADA accessible boardwalk for cruise ship passengers in the Seward Small Boat Harbor (the City will provide $50 thousand to this project) (4) $2 million for building a new water storage tank and distribution system that will establish the excess capacity that is necessary to provide water and improved fire protection to cruise ships (this funding will match approximately $2.5 million from 1 r: rrrrr stimulus funding and low- interest loans) (5) $275 thousand to prevent erosion that threatens a U.S. Coast Guard communication tower for transmitting emergency communications to cruise ships and other vessels 3. STATE FUNDED PROJECTS (1) $2 million for dock improvements and dredging at the Seward Marine Center to prepare for the RAT Sikuliaq (2) $155 thousand in the Department of Corrections Operating Budget to add an emergency wastewater bypass (with valves and piping) to keep the Spring Creek Correctional Facility sewage system operational in the event of a system failure (3) $60 thousand for studying the feasibility of a hydro electric plant to produce renewable energy in Seward 4. BENEFICIAL LEGISLATION (1) Appropriation for upgrading Seward Highway (MP18 -25.5) in the STIP (2) Appropriation for upgrading Seward Highway (MP 25.5 -36) in the STIP (3) Appropriation for upgrading the Sterling Highway (MP 45 -60) in the STIP (4) Construction of a highway exit off the Seward Highway in the vicinity of MP 6 for better and safer vehicle access to Camelot and Salmon Creek subdivisions (5) Support for continuing Medicaid programs and capital cost reimbursement at not less than current year funding levels (6) Return of service to Seward by the State Ferry Tustumena (7) Alternative Energy Programs that encourage and fund participation by the City and its electrical utility customers (8) Support of legislation forming an Alaska Invasive Species Council to help coordinate proactive action that prevents detrimental invasive species from being introduced into Alaska INTENT: This list of priorities focuses the efforts of Administration in lobbying efforts to obtain appropriations, grants, and legislation from the State of Alaska to improve the City of Seward. To qualify for most appropriations and grants, the list of State priorities must be approved in a public process by the City Council. CONSISTENCY CHECKLIST Where applicable, this resolution is consistent with guidance and directives in the Seward City Code, City Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and the City Council Rules of Procedures. ATTORNEY REVIEW: Yes No X RECOMMENDATION Council approve Resolution 2010-104 approving the City of Seward's Calendar Year 2011 State Priorities 108 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2010 -103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING THE CITY OF SEWARD'S CALENDAR YEAR 2011 FEDERAL LEGISLATIVE PRIORITIES WHEREAS, the City annually compiles a list of projects or issues that are identified as top federal legislative priorities; and WHEREAS, the list of projects is compiled and distributed to the Alaska Congressional Delegation, the Kenai Peninsula Borough, and the City of Seward lobbyist; and WHEREAS, this resolution validates projects, prioritizes needs, and focuses the efforts of City Administration in its lobbying efforts; and WHEREAS, the passage of this resolution occurs through a public process; and WHEREAS, all projects on this list are consistent with the City Comprehensive and Strategic Plans. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The following list of legislative projects is hereby declared to be the official legislative priority list for the City of Seward for calendar year 2011: APPROPRIATIONS AND GRANTS 1. $2 million appropriation to the Army Corps of Engineers for reconnaissance and initiation of a feasibility study for flood risk reduction at Lowell Creek in Seward 2. $16 million for extending the Seward Marine Industrial Center basin breakwater to improve and increase ship moorage and loading capacity, ship repair capabilities, seafood processing operations, and barge landings 3. $3 million appropriation for bank stabilization and erosion control projects (from a Section 103 study by the U. S. Army Corps of Engineers) for the City owned Alaska SeaLife Center Building and the Lowell Point Road 4. $1 million appropriation for erosion control projects (from a Section 14 study by the U. S. Army Corps of Engineers) for the Seward Marine Industrial Center and the Alaska Railroad Dock 5. $2.25 million appropriation for Seward Community Roads for repaving road surfaces, reconstructing sidewalks, and improving roadway drainage systems 6. $175 thousand grant to complete an ADA accessible boardwalk in the Small Boat Harbor 7. $2 million grant for constructing a 100'x 80' metal building to house emergency response 109 CITY OF SEWARD, ALASKA RESOLUTION 2010 -103 Page 2 of 3 equipment, and shelter supplies at the Fort Raymond Satellite Fire Station 8. $1 million appropriation to the Army Corps of Engineers for O &M Dredging in the Seward Small Boat Harbor 9. $2.496 million in the Highway Transportation Bill for design, engineering, construction, and protection from coastal erosion for the Lowell Point Road (the sole land access to critical infrastructure, state parks, and Kenai Peninsula Borough residential housing area) 10. $15 million in the Highway Transportation Bill for extending and improving the Alaska Railroad Freight Dock in Seward 11. $250 thousand for operating the Alaska strandings network and responding to marine mammal and seabird strandings and mortalities throughout Alaska 12. $190 thousand for establishing an Alaska Climate Change Knowledge Network (ACCKN) to foster coordination among the various entities with responsibilities for collecting, interpreting, and using climate change data AUTHORIZATIONS AND BENEFICIAL LEGISLATION 1. Authorization language in the Water Resource Development Act that the $2.66 million local government cost share paid by the City of Seward to the Army Corps of Engineers satisfies the total cost share requirements for Phase 1 and Phase 2 Of the Seward Harbor Expansion Project (additional costs were incurred in a second phase of the project to correct a design deficiency by the Army Corps of Engineers) 2. Authorization language amending the Water Resources Development Act of 2007 (Public Law 110 -114, 121 STAT. 1205) as follows: a. Amending Section 5032 (1) by striking "Tunnel" from the title; (2) by striking "Long- Term" from subsection (a); (3) by striking "Long- Term" from subsection (a)(1); (4) by striking "Long- Term" from subsection (a)(2). b. Striking subsection (b) in Section 5032 and inserting language directing the Secretary to conduct a study to determine whether an alterative method of flood diversion in Lowell Canyon is feasible. Feasibility shall be determined based on risk reduction rather than cost - benefit analysis. Federal cost share for the study shall be the same as the Federal share for the original project. 3. Authorization language in the Energy Committee Public Lands Bill allowing the Secretary of Interior to enter into an Agreement with the City of Seward to use and operate the Kenai Fjords Parks Service Buildings (known locally as the Legends Building and Old Solly Building) as a conference center for the mutual benefit of local government agencies and the community of Seward. 4. Authorization language in the Water Resources Development Act or in other appropriate legislation that the area created by the Seward Harbor Navigational Improvements Project, including the 3.5 acres of disposal area, in Seward, Alaska, (described by the 1 ..0 CITY OF SEWARD, ALASKA RESOLUTION 2010 - 103 Page 3 of 3 U.S. Army Corps of Engineers as "BOD Disposal Area 1") is hereby declared to be Non - navigable waters of the United States for purposes of the navigation servitude. Section 2. This resolution shall take effect inunediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 25 day of October, 2010. THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor ATTEST: Jean Lewis, CMC City Clerk (City Seal) 1..1. Council Agenda Statement r { OF SE t t Meeting Date: October 25, 2010 :14 0 From: Phillip Oates, City Manage li ASv-P Agenda Item: Calendar Year 2011 Federal Legislative Priorities BACKGROUND & JUSTIFICATION: The City annually compiles a list of projects or issues that we identify as our top legislative priorities. The list of projects is compiled into a package that is then distributed to the Governor's Office, our legislators, the Kenai Peninsula Borough (for inclusion in their legislative package), and our lobbyist. This prioritized list validates the projects and greatly focuses the efforts of the Administration in our lobbying effort as we seek funding or other resolution through Federal government. The following list is submitted to the City Council for review and approval. A. APPROPRIATIONS AND GRANTS 1. $2 million appropriation to the Army Corps of Engineers for reconnaissance and initiation of a feasibility study for flood risk reduction at Lowell Creek in Seward 2. $16 million for extending the Seward Marine Industrial Center basin breakwater to improve and increase ship moorage and loading capacity, ship repair capabilities, seafood processing operations, and barge landings 3. $3 million appropriation for bank stabilization and erosion control projects (from a Section 103 study by the U. S. Army Corps of Engineers) for the City owned Alaska SeaLife Center Building and the Lowell Point Road 4. $1 million appropriation for erosion control projects (from a Section 14 study by the U. S. Army Corps of Engineers) for the Seward Marine Industrial Center and the Alaska Railroad Dock 5. $2.25 million appropriation for Seward Community Roads for repaving road surfaces, reconstructing sidewalks, and improving roadway drainage systems 6. $175 thousand grant to complete an ADA accessible boardwalk in the Small Boat Harbor 7. $2 million grant for constructing a 100'x 80' metal building to house emergency response equipment, and shelter supplies at the Fort Raymond Satellite Fire Station 8. $1 million appropriation to the Army Corps of Engineers for O &M Dredging in the Seward Small Boat Harbor 9. $2.496 million in the Highway Transportation Bill for design, engineering, construction, and protection from coastal erosion for the Lowell Point Road (the sole land access to critical infrastructure, state parks, and Kenai Peninsula Borough residential housing area) 10. $15 million in the Highway Transportation Bill for extending and improving the Alaska Railroad Freight Dock in Seward 11. $250 thousand for operating the Alaska strandings network and responding to marine mammal and seabird strandings and mortalities throughout Alaska 12. $190 thousand for establishing an Alaska Climate Change Knowledge Network (ACCKN) to foster coordination among the various entities with responsibilities for collecting, interpreting, and using climate change data 11 2 B. AUTHORIZATIONS AND BENEFICIAL LEGISLATION 1. Authorization language in the Water Resource Development Act that the $2.66 million local government cost share paid by the City of Seward to the Army Corps of Engineers satisfies the total cost share requirements for Phase 1 and Phase 2 Of the Seward Harbor Expansion Project (additional costs were incurred in a second phase of the project to correct a design deficiency by the Army Corps of Engineers). 2. Authorization language amending the Water Resources Development Act of 2007 (Public Law 110 -114, 121 STAT. 1205) as follows: a. Amending Section 5032 (1) by striking "Tunnel" from the title; (2) by striking "Long- Term" from subsection (a); (3) by striking "Long- Term" from subsection (a)(1); (4) by striking "Long- Term" from subsection (a)(2). b. Striking subsection (b) in Section 5032 and inserting language directing the Secretary to conduct a study to determine whether an alterative method of flood diversion in Lowell Canyon is feasible. Feasibility shall be determined based on risk reduction rather than cost - benefit analysis. Federal cost share for the study shall be the same as the Federal share for the original project. 3. Authorization language in the Energy Committee Public Lands Bill allowing the Secretary of Interior to enter into an Agreement with the City of Seward to use and operate the Kenai Fjords Parks Service Buildings (known locally as the Legends Building and Old Solly Building) as a conference center for the mutual benefit of local government agencies and the community of Seward. 4. Authorization language in the Water Resources Development Act or in other appropriate legislation that the area created by the Seward Harbor Navigational Improvements Project, including the 3.5 acres of disposal area, in Seward, Alaska, (described by the U.S. Army Corps of Engineers as "BOD Disposal Area 1 ") is hereby declared to be nonnavigable waters of the United States for purposes of the navigation servitude. INTENT: This list of priorities focuses the efforts of Administration in lobbying efforts to obtain appropriations, grants, and legislation from the Federal Government to improve the City of Seward. To qualify for most appropriations and grants, the list of Federal priorities must be approved in a public process by the City Council. CONSISTENCY CHECKLIST Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. ATTORNEY REVIEW: Yes No X RECOMMENDATION: Council approve Resolution 2010- /0a approving the City of Seward's Calendar Year 2011 Federal Priorities. 11 .r► Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2010 -104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING THE CITY OF SEWARD'S CALENDAR YEAR 2011 CITY PRIORITIES WHEREAS, the City annually compiles a list of projects or issues that are identified as top state legislative priorities; and WHEREAS, the list of projects is compiled and distributed to the State of Alaska Legislature, Kenai Peninsula Borough, and City of Seward lobbyist; and WHEREAS, this resolution validates projects, prioritizes needs, and focuses the efforts of City Administration in its lobbying efforts; and WHEREAS, the passage of this resolution occurs through a public process; and WHEREAS, all projects on this list are consistent with the City Comprehensive and Strategic Plans. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. This list of city projects is hereby declared to be the official city priority list for the City of Seward for calendar year 2011. A. PUBLIC FACILITIES & INFRASTRUCTURE 1. $125 thousand for kitchen expansion and renovations in the Seward Senior Center 2. $2.5 million for constructing a 100' x 80' metal building to replace and relocate our existing public works shop 3. $2 million for new water storage tank and distribution system 4. $15.7 million to construct a new Public Safety Building and Jail 5. $2 million for Fort Raymond Satellite Fire Station for the construction of a 100'x 80' metal building to house emergency response equipment, shelter supplies, a communication equipment room, and an area for a backup EOC 6. $2 million for expanding the Providence Seward Hospital Medical Clinic, moving the CT scanner into the facility, increasing backup generator capacity, and improving space for primary health care 7. $229 thousand for hospital capital equipment �. x 4 CITY OF SEWARD, ALASKA RESOLUTION 2010 -104 8. $600 thousand for wastewater infrastructure rehabilitation 9. $500 thousand to construct a new Animal Control Facility 10. $1 million for accomplishing levee maintenance and bed load removal in the Fourth of July Creek and providing better protection from flooding to the Spring Creek Correctional Center 11. $100 thousand for improving City ADA accessibility 12. $12.3 million for the Friends of the Jesse Lee Home for the restoration of the Jesse Lee Home as a statewide leadership school B. PORT, HARBOR, AND INDUSTRIAL AREA 1. $16 million for extending the Seward Marine Industrial Center basin breakwater to improve and increase ship moorage and loading capacity, ship repair capabilities, seafood processing operations, and barge landings 2. $100.5 thousand for engineering and design to replace failing infrastructure in the Seward Small Boat Harbor including A, B, C, D floats 3. $600 thousand for replacing "D" Float in the Seward Small Boat Harbor 4. $3.6 million for engineering and installation T, U, V, W floats as the final phase of East Harbor expansion 5. $200 thousand for facility security improvements to the Seward Marine Industrial Center North Dock to be in compliance with Homeland Security Facility Requirements outlined in 33 FR part 105 6. $575 thousand for building a Handicap Accessible Fish Cleaning Station in the Northeast Launch Ramp Area of the Seward Small Boat Harbor 7. $250 thousand for paving and improving drainage in the northeast parking lot of the Seward Small Boat Harbor 8. $450 thousand for paving the road and parking lot on the South Seward Small Boat Harbor Uplands area 9. $1.5 million for storm water discharge infrastructure that includes a security fence around the city vessel storage area at the Seward Marine Industrial Center 10. $2 million for dock improvements and dredging at the Seward Marine Center to prepare for the R/V Sikuliaq 11. $1.7 million for doubling the capacity of the ship lift (syncrolift) and improving dock capabilities at the Seward Marine Industrial Center 12. $15 million for expanding the Alaska Railroad freight dock 13. $175 thousand for completing construction of an ADA Boardwalk in the Small Boat Harbor from Port Avenue to the end of the South Harbor Uplands 14. $25 thousand to upgrade the Harbor Security Camera System 15. $4.5 million for completing sheet piling and adding moorage along the north side of the Seward Small Boat Harbor $150 thousand to improve public restrooms in 15 err CITY OF SEWARD, ALASKA RESOLUTION 2010 -104 Page 3 of 4 the Seward Small Boat Harbor 16. $500 thousand for improving the cruise ship pedestrian corridor between the Alaska Railroad Terminal and Cruise Ship Terminal. 17. $2 million for building a new water storage tank and distribution system that will establish the excess capacity that is necessary to provide water and improved fire protection to cruise ships (this funding will match approximately $2.5 million from stimulus funding and low- interest loans) 18. $275 thousand to prevent erosion that threatens a U.S. Coast Guard communication tower that transmits emergency communications to cruise ships and other marine vessels C. ELECTRIC 1. $2 million for completing the standby generator complex for the Seward Electric Utility (this project includes moving 2 each 2.5 MW generators into a new generator plant building; constructing a warehouse complex; and completing the installation of automated generator controls through a Supervisory Control and Data Acquisition — SCADA— system). 2. $12 million for upgrading the transmission line to 115KV in Seward to reduce line loss while improving efficiency and reliability of power distribution throughout the service area 3. $300 thousand for installing automatic electrical metering equipment to improve customer service, outage management, and load management 4. $85 thousand for establishing redundant capabilities for providing electrical power during emergencies to the downtown and hospital area of Seward 5. $5 million for upgrading transmission lines between Anchorage and Seward D. ROADS AND STREETS 1. $100 thousand for improving City ADA accessibility 2. $2.25 million for Seward Community Roads for repaving road surfaces, reconstructing sidewalks, and improving roadway drainage systems 3. $2.496 million for design, engineering, construction, and protection from coastal erosion for the Lowell Point Road in the City of Seward (this road provides the sole land access to critical public infrastructure, state parks, and a Kenai Peninsula Borough residential housing area) E. STUDIES AND PLANS 1. $2 million appropriation to the Army Corps of Engineers for reconnaissance and initiation of a feasibility study for flood risk reduction at Lowell Creek in Seward CITY OF SEWARD, ALASKA RESOLUTION 2010 -104 Page 4 of 4 $60 thousand for studying the feasibility of a hydro electric plant to produce 2. renewable energy in Seward 3. $150,000 for a comprehensive flood master plan 4. $100,000 for a land study for City bench property 5. $150,000 for coastal beach erosion master plan 6. $100,000 for water and storm water master plan 7. $100,000 for road and infrastructure study of undeveloped city property) Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 25th day of October, 2010. THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor ATTEST: Jean Lewis, CMC City Clerk (City Seal) Council Agenda Statement a of sFi Meeting Date: October 25, 2010 4421.* From: 4��►5�P From: Phillip Oates, City Manage Agenda Item: Calendar Year 2011 City Priorities BACKGROUND & JUSTIFICATION: The City annually compiles a list of projects or issues that we identify as our top State and Federal legislative priorities. The list of projects is compiled into a package that is then distributed to the Governor's Office, our legislators, the Kenai Peninsula Borough (for inclusion in their legislative package), and our lobbyist. This prioritized list validates the projects and greatly focuses the efforts of the Administration in our lobbying effort as we seek funding or other resolution through State government. This year we have also compiled a list of projects that are in the planning phase and/or may qualify for grants. In order to quality for most grants, the City must include these projects on the City priority list. Many of these projects are also on the State and Federal priority list. The items excluded on the State and Federal priority list will, most likely, be added as the planning phase develops and broadens. The following list is submitted to the City Council for review and approval. A. PUBLIC FACILITIES & INFRASTRUCTURE 1. $125 thousand for kitchen expansion and renovations in the Seward Senior Center 2. $2.5 million for constructing a 100' x 80' metal building to replace and relocate our existing public works shop 3. $2 million for new water storage tank and distribution system 4. $15.7 million to construct a new Public Safety Building and Jail 5. $2 million for Fort Raymond Satellite Fire Station for the construction of a 100'x 80' metal building to house emergency response equipment, shelter supplies, a communication equipment room, and an area for a backup EOC 6. $2 million for expanding the Providence Seward Hospital Medical Clinic, moving the CT scanner into the facility, increasing backup generator capacity, and improving space for primary health care 7. $229 thousand for hospital capital equipment 8. $600 thousand for wastewater infrastructure rehabilitation 9. $500 thousand to construct a new Animal Control Facility 10. $1 million for accomplishing levee maintenance and bed load removal in the Fourth of July Creek and providing better protection from flooding to the Spring Creek Correctional Center 11. $100 thousand for improving City ADA accessibility 12. $12.3 million for the Friends of the Jesse Lee Home for the restoration of the Jesse Lee Home as a statewide leadership school 8 B. PORT, HARBOR, AND INDUSRIAL AREA 1. $16 million for extending the Seward Marine Industrial Center basin breakwater to improve and increase ship moorage and loading capacity, ship repair capabilities, seafood processing operations, and barge landings 2. $100.5 thousand for engineering and design to replace failing infrastructure in the Seward Small Boat Harbor including A, B, C, D floats 3. $600 thousand for replacing "D" Float in the Seward Small Boat Harbor 4. $3.6 million for engineering and installation T, U, V, W floats as the final phase of East Harbor expansion 5. $200 thousand for facility security improvements to the Seward Marine Industrial Center North Dock to be in compliance with Homeland Security Facility Requirements outlined in 33 FR part 105 6. $575 thousand for building a Handicap Accessible Fish Cleaning Station in the Northeast Launch Ramp Area of the Seward Small Boat Harbor 7. $250 thousand for paving and improving drainage in the northeast parking lot of the Seward Small Boat Harbor 8. $450 thousand for paving the road and parking lot on the South Seward Small Boat Harbor Uplands area 9. $1.5 million for storm water discharge infrastructure that includes a security fence around the city vessel storage area at the Seward Marine Industrial Center 10. $2 million for dock improvements and dredging at the Seward Marine Center to prepare for the RN Sikuliaq 11. $1.7 million for doubling the capacity of the ship lift (syncrolift) and improving dock capabilities at the Seward Marine Industrial Center 12. $15 million for expanding the Alaska Railroad freight dock 13. $175 thousand for completing construction of an ADA Boardwalk in the Small Boat Harbor from Port Avenue to the end of the South Harbor Uplands 14. $25 thousand to upgrade the Harbor Security Camera System 15. $4.5 million for completing sheet piling and adding moorage along the north side of the Seward Small Boat Harbor 16. $150 thousand to improve public restrooms in the Seward Small Boat Harbor 17. $500 thousand for improving the cruise ship pedestrian corridor between the Alaska Railroad Terminal and Cruise Ship Terminal 18. $2 million for building a new water storage tank and distribution system that will establish the excess capacity that is necessary to provide water and improved fire protection to cruise ships (this funding will match approximately $2.5 million from stimulus funding and low - interest loans) 19. $275 thousand to prevent erosion that threatens a U.S. Coast Guard communication tower that transmits emergency communications to cruise ships and other marine vessels C. ELECTRIC 1. $2 million for completing the standby generator complex for the Seward Electric Utility (this project includes moving 2 each 2.5 MW generators into a new generator plant building; constructing a warehouse complex; and completing the installation of automated generator controls through a Supervisory Control and Data Acquisition— SCADA— system). 9 MIL 2. $12 million for upgrading the transmission line to 115KV in Seward to reduce line loss while improving efficiency and reliability of power distribution throughout the service area 3. $300 thousand for installing automatic electrical metering equipment to improve customer service, outage management, and load management 4. $85 thousand for establishing redundant capabilities for providing electrical power during emergencies to the downtown and hospital area of Seward 5. $5 million for upgrading transmission lines between Anchorage and Seward D. ROADS AND STREETS 1. $100 thousand for improving City ADA accessibility 2. $2.25 million for Seward Community Roads for repaving road surfaces, reconstructing sidewalks, and improving roadway drainage systems 3. $2.496 million for design, engineering, construction, and protection from coastal erosion for the Lowell Point Road in the City of Seward (this road provides the sole land access to critical public infrastructure, state parks, and a Kenai Peninsula Borough residential housing area) E. STUDIES AND PLANS 1. $2 million appropriation to the Army Corps of Engineers for reconnaissance and initiation of a feasibility study for flood risk reduction at Lowell Creek in Seward 2. $60 thousand for studying the feasibility of a hydro electric plant to produce renewable energy in Seward 3. $150,000 for a comprehensive flood master plan 4. $100,000 for a land study for City bench property 5. $150,000 for coastal beach erosion master plan 6. $100,000 for water and storm water master plan 7. $100,000 for road and infrastructure study of undeveloped city property) INTENT: This list of priorities focuses the efforts of Administration in lobbying efforts to obtain appropriations, grants, and legislation from State and Federal levels of government to improve the City of Seward. To qualify for most appropriations and grants, the list of City priorities must be approved in a public process by the City Council. CONSISTENCY CHECKLIST Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. ATTORNEY REVIEW: Yes No X RECOMMENDATION: Council approve Resolution 2010 -103 approving the City of Seward's Calendar Year 2011 City Priorities. 120 Agenda Statement Meeting Date: October 25, 2010 �• of S Ftt, 9 From: Jean Lewis, City Cler 'fa Agenda Item: Nominate, elect and swear in Vice-Mayor or 41c■s+tfr BACKGROUND & JUSTIFICATION: Per Seward Charter 3.3, Seward City Code 2.10.020 and City Council Rules of Procedures Rule 4, the City Council must meet and organize no later than 30 days after each regular city election. At this organizational meeting after new members are sworn in, the next item of business is for the Council to nominate and elect one of its members to act as Vice - Mayor in the absence of the Mayor. The City Council must select one of its members to serve as Vice Mayor. The Vice Mayor chairs the meetings in the absence of the Mayor and fills in for the Mayor at ceremonial functions when the Mayor is unavailable. The Vice -Mayor shall possess all the powers of the mayor and all duties required of them by law or the City Council. The Mayor should open nominations. The Mayor or any council member should then nominate a council member for Vice- Mayor. If only one nomination is received, a motion should be made to close nominations and cast a unanimous ballot for the chosen person. That motion will need a second and can be approved by unanimous consent (no roll call is necessary). If more than one nomination is received, ballots are prepared for each council member to sign and vote for a nominee, or Council can conduct a voice vote. It takes 4 affirmative votes to be appointed. RECOMMENDATION: Nominate and appoint a Vice - Mayor. The city clerk will then proceed to swear them in. 121 Memorandum 40 se tt, Date: October 25, 2010► _'�o To: Mayor Dunham, Council Members q From: Jean Lewis, City Cler Subj: Annual organization of the council Appointment of Board and Commission liaisons for the next year It's that annual time of the year where the council must organize within 30 days after our regular city election and select members for our Board and Commission liaisons. Resolution 2005 -071 was approved on August 5, 2005. This approved slight amendments to the Council Rules of Procedures by taking out the word "shall" and replacing it with "may" to allow future councils the option to appoint liaisons from council or, to have individuals from each of those Boards and Commissions give periodic reports to the city council at their regular meetings. Seward Planning & Zoning Commission. The Mayor may appoint a council liaison to the Seward Planning & Zoning Commission or ask one of the P &Z members to make periodic reports back to the city council at regular meetings. Kenai Peninsula Borough, Economic Development District (KPB EDD) and PACAB. Right now, PACAB has been giving periodic reports to the city council. Council Member Tom Smith has been serving on the Board of Directors to the Kenai Peninsula Borough Economic Development District, with a term that expires December 31, 2010. Rule 29 of the City Council Rules of Procedures states the council representative appointed to the Kenai Peninsula Borough Economic Development District shall serve as liaison to the Port and Commerce Advisory Board. ******************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Recommend after discussion, the Mayor appoint a liaison with P &Z or have their Chair give periodic reports to the city council. Recommend after discussion, the Mayor appoint a city representative to the KPB EDD beginning January 1, 2011, who will be the PACAB liaison or ask for periodic reports from PACAB and appoint a city representative to the KPB EDD. 22 Economic Development Survey Questions November 4, 2010, 7 PM, City Rae Building, Corner f 3 and of Seward Town Hall Railway Avenues The City of Seward is sponsoring an Economic Development Town Hall Meeting to address three key economic development issues: (1) year -round city support lodging businesses; (2) city encouragement of small businesses t es and star ups; and (3) changes the city could institute to become more business friendly. To allow identification of key issues, please provide your input to the following questions no later than November 1, 2010 to datwood @cityofseward.net, drop off physically at the Clerk's Office located at 410 Adams Street, or mail to the Community Development Department, P.O. Box 167, Seward, AK 99664. Alternatively, please be prepared to discuss these issues at the Town Hall Meeting. Anonymous responses are acceptable. 1. What can the City do to support retail, restaurant, and lodging businesses year- round? a. Is there any support or service the City should provide to encourage retail, restaurant or lodging business success? b. Should the City offer incentives to assist retail, restaurant, or lodging businesses to remain open in the winter? If so, what incentives would be helpful? c. If it was determined that a City of Seward marketing or "Buy Local" campaign should be undertaken, what organization should lead the effort? (1) City of Seward; (2) Chamber; (3) Merchants' Association; (4) High School (as a student project); (5) Other (please list): 2. What can the City do to encourage retention or start -ups of small businesses? a. What specific changes to the Seward City Code or City lease procedures would encourage entrepreneurial or small business start -ups or retention? b. Are there any industry specific or other support services that you feel are necessary to encourage small business start -ups or retention? c. What types of entrepreneurial or small start -up businesses are viable in Seward? d. Should the City offer incentives to assist entrepreneurial or small business start -ups in Seward? If so, what incentives would be helpful? e. Are you willing to participate on the Port and Commerce Advisory Board or on a Seward Business Retention and Expansion Task Force? 3. What would you change or do differently for the City to become more supportive of business and establish a friendlier business environment? a. Please list or describe the greatest obstacle to operating your business in Seward that the City could help eliminate? b. if a Business Ombudsman position is established, where should that position exist: City staff, Chamber, or as an independent entity? Should the position be volunteer or funded by the City or Chamber? c. Are there specific challenges your business is facing where the city could assist? d. What recommendations do you have for improving the business climate or quality of life in Seward? 123 r► CITY OF SEWARD • Main 07 (907) 224 -4050 o f 5E5E4, • Polic (907) (907) 224 -3338 P.O. BOX 167 • Harbor (907) 224 -3138 SEWARD, ALASKA 99664 -0167 • C Clerk (907) 224-4046 4cgSKp • City Clerk (907) 224 -4046 • Community Development (907) 224 -4049 • • Utilities (907) 224 -4050 • Fax (907) 224 -4038 October 14, 2010 Mr. Joel Neimeyer, Federal Co -Chair Denali Commission 510 L Street, Suite 410 Anchorage, Alaska 99501 As Mayor of the City of Seward I have seen firsthand the improvements the Denali Commission achieves for our city and other rural communities across Alaska. Many of these improvements are not possible through other grant or federal funding programs. Small rural communities are often unable to compete effectively with larger communities and their larger populations. That is because many grants and federal funding programs are decided on a cost benefit ratio that gives an inherent advantage to larger communities. Since its inception in 1998 the Denali Commission has served Alaska as an independent federal agency working in cooperation with local entities to provide critical utilities, essential infrastructure, and broader economic support to rural communities throughout Alaska. Since 2004, the City of Seward and our outlying areas have benefited from Denali Commission projects totaling more than $4 million. Those projects are listed in the following table. Year Receiving Entity Project Description Funded 2010 Alaska SeaLife Center Seawater Heat Pump $ 426,720 2009 AVTEC Wind Turbine Project $ 500,000 2009 City of Seward Harbor Float System $1,000,000 2009 Providence Seward Hospital Endoscope Equipment $ 42,249 2005 City of Seward Design Long Term Care Facility $1,600,000 2005 Providence Seward Hospital CT Scanner Refurbishment $ 280,000 2004 Seaview Community Services Facility Improvements $ 80,821 2004 Chugachmuit/Qutekcak Orca Building Dental Clinic $ 504,750 Total Seward Area Denali Commission Funding Since 2004 = $ 4,434,540 The projects funded by the Denali Commission are not wasteful spending. This is funding that improves life, health, and safety in rural communities. Please do not hesitate to contact me if you need additional justification for maintaining the funding for a robust Denali Commission. Sincerely,/ 7 Willard E. Dunham Mayor, City of Seward 1.24 oa i_alif•.• itec, 'mil\ %1itiii�._ ite . ,����"Jitai " '"� itei icAi`.•_I,`_ irrai\p%i_mi`\ \�1/�1��• i.ol,�\�!_, j i `, �+ i` ICJ ( �f .e. 4 S y r , ' 4,,1 1`43 C l /advanced Wireles- �� / �J ,, (agging, Trackin ;� , �G sand Locating 4r^,' 3 .. �M � J „ ®emonstratio �L 4 e` I 4. f 1 Ce rtificate of Appreciation 6 f. ... . , , C�s The U.S. Department of Energy's Office of Intelligence and Counterintelligence r/ . hereby acknowledges, with utmost gratitude, the outstanding assistance `�, X11 provided by the City of Seward, Alaska. r"' u to Chief of Police Tom Cle re .. 1 A Special thank yo mmons, � CJ I + Harbor Master Kari Anderson, and City Manager Phillip Oats i, 4 for their willingness to serve unselfishly to further it t4. law - forcement technology advancement. I ....4 1 __ � r ,C • 1 0� ; I • J /,, ;4 �. - T Or , (,, � � f� °� 4 rHE I J Al =► Goodale, Deputy Director A PRESENT L i4 k, Inte ligence Directorate, (IN- 10) ���C __ `� s 1 �� > , Office of In elligence and Counterintelligenc o r , f .... . ei �,� a ` U.S. Department of Energy .. 7 �f A — ,- ,- � ' . u .. October 15, 2010 � 4 e4S (4.4^ 'ocuo , a * � k�'�� >�I�CV�1'CU�1 v�l f ������ca �� U ��w�� � ����U�����J���������V�/ �����������/ �' ��V�/ � '�'�U���.�J��'�� /��� <���'�U�i rp . . . . . . . . . . . . City of Seward City of Seward, Alaska 1°c stk. y 1963 1965 2005 e = ''"` P.O. Box 167 Seward, Alaska 99664 -0167 a P. All America City as� Main Office (907) 224 -4050 1 le! Facsimile (907) 224 -4038 October 7, 2010 Seward Fire Department P.O. Box 167 Seward, Alaska 99664 Dear Chief David Squires; Congratulations to you Chief Squires, Deputy Chief Athey and Jan Melvin for the very successful 48th annual Alaska Fire Conference which was held in Seward. Organizing a 5 -day business, training and informational schedule for Alaska's Fire and E.M.T. personnel deserves a special thank you to your staff, volunteers and our surrounding area fire departments for their hard work and accomplishments. This event was extremely well coordinated and was a pleasure to participate in. 1 thank you for allowing me to play a small part in its programs. The Citizens of Seward should be very proud of you. Please convey these feelings to all of those who so graciously gave of their time and efforts. The words duty, honor and pride in our community have never been more meaningful when looking at what you and your department have achieved. Thank you again for all that you do for our community. Sincerely, ..‘; Willard E. Dunham, Mayor • City of Seward, Alaska `' O ctober 2 Q,. O October 2010 November 2010 S M T I N T F S S M T W T F S 1 2 1 2 3 4 5 6 3 4 5 6 7 8 9 7 8 9 10 11 12 13 10 11 12 13 14 15 16 14 15 16 17 18 19 20 17 18 19 20 21 22 23 21 22 23 24 25 26 27 24 2526 27 28 29 30 2829 30 31 Monday Tuesday Wednesday Thursday Friday October 1 5 6 7 8 Jim and Matt (Set up for Elect 7 :OOam City Electiion 112:00pm PACAB 7 :30pm P&Z Meeting Meeting - Canceled 6 :30pm Historic Preservation Mtg (Work Session to � I Follow) —.._ 11i - ---- — 12� - -- - -- -- -- 7:OOpm City Council 14 _ 15 11 :30am Seward Meeting Community Library & Museum Building Committee (Library Basement) 7 :OOpm Fish & Game Advisory Board 18 L _ 20 Alaska Day (Offices Closed) 6 :30pm'P&Z Work Session 12:OOpm PACAB Work ; 9:00am Social Security 21 — — 22 Session Rep 6:30pm Historic Preservation I i Meeting 25' 2 . _, 2T 2 : ------ 29 5:00pm Council Meets 7 :00pm CC WS ' f. 7 :OOpm CC WS Council k (Long -range 6 :00pm CC (Jo Interview) It financial plan) 7 :00pm;City Council Meeting Nanci Richey 11! ' r"f 10/20/2010 11:55 AM November 2010 December 2010 � � : v e m b e r : � S M T W T F S S M T W T F S 1 2 3 4 5 6 1 2 3 4 7 8 9 10 11;1 13 5 "6 7 8 9 10 11 14 15 16 17 18 19 20 12 13 14 15 16 17 18 21 22 23 24 25 26 27 19 20 21 22 23 24 25 28 29 30 26 27 28 29 30 31 Monday Tuesday Wednesday J Thursday Friday ',. vemb 2� 31 4! 5 7 00pm;CC WS (Bu General Election 6:30pm HP (Work 7:00pm Town Hall Modifications) , j Session) • Meeting -Rae Bldg. ' (Economic Developnlgr 7 :3.p ..'► 'eeting 8 9 101 11! 12 7:00pm City Council ;Veteran's Day (Offices Closed), Meeting 1 ! 11:30am Seward ommunity ibrary & seum Building :. (Library Baseme ) — — — _. - - - - - -- — — — 15 —� 17 - -- 1 L I - 19 6:30pm P&Z Work Session 12:OOpm PACAB Work 9:OOam Social Security 1 Session Rep 6:30pm Historic Preservation Meeting � 1 I j 22 231 24 25 26 • :OOpm .CC WS (CapitaN Happy Thanksgiving (Offices _ jQffices Closed) Budget) 7`OOpm City Council Meeting I I 29! 30 I 1 1 Nanci Richey I r , ?� 10/20/2010 11:55 AM