HomeMy WebLinkAboutRes2019-116 Sponsored by: Meszaros
lr CITY OF SEWARD, ALASKA
RESOLUTION 2019-116
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER
INTO A CONTRACT WITH MACSWAIN ASSOCIATES, LLC TO
RE-APPRAISE 43 LOTS FOR THE CITY OF SEWARD IN THE
AMOUNT OF $38,700, AND APPROPRIATING FUNDS
WHEREAS, per City of Seward lease agreements, Article 3, the value of all leased land
must be re-appraised every five years; and
WHEREAS, in accordance with SCC 6.10.135 and SCC 6.10.140, a Request for
Proposals (RFP) was issued on November 6, 2019; and
WHEREAS, one (1) business responded to the RFP by the November 26, 2019 deadline
and was evaluated by staff from the Harbor Department; and
WHEREAS, MacSwain Associates, LLC issued a responsive bid of $38,700 to
reappraise the 43 City of Seward leased lots.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA that:
Section 1. The city manager is hereby authorized to enter into a contract with MacSwain
Associates, LLC to reappraise 43 lots owned by the City of Seward in the amount of$38,700.
Section 2. Funding in the amount of$18,350 (50%) for this contract will come from the
Harbor Administration budget 11000-2001-7009 and $18,350 (50%) will come from the General
fund budget 01000-1180-7009.
Section 3. This resolution shall take effect January 1, 2020.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 9`h
day of December, 2019.
I
i
T E Y � S 1, AL. . 'A
Irt
�
, ,
isty Terry, I or
CITY OF SEWARD, ALASKA
RESOLUTION 2019-116
AYES: Seese, Butts, Lane, Osenga, Baclaan, McClure, Terry
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
rends J. Ballou, MC
City Clerk
°° � 8ta
(City•S o�..p`° 'v'c;
,..1 p
: � c� ! T II0w
•• I of
•
•
A ` .) a a
•• I
*es:fa OF PL'- �3`s
-OfOBiFrRD
Agenda Statement
Meeting Date: December 9, 2019 = 1
To: City Council
•
Through: Scott Meszaros, City Manager
From: Norm Regis, Harbormaster
Agenda Item: Appraisal Contract with MacSwain Associates, LLC
BACKGROUND & JUSTIFICATION:
The city of Seward currently leases 43 lots to different LEESEE's throughout the City of Seward.
The City of Seward reappraises its leases every five years according to Article 3 of the 43 Lease
Agreements signed by LEESEE's, and approved by the Seward City Council.
Article 3
3.2 Rental Adjustments. The annual rental payment shall be adjusted on July 1, 2020, and on
the same date every five years thereafter(each a "Rental Adjustment Date"). The adjusted
annual rental payment to be paid under the terms of this Lease shall be the appraised fair
market rental value (the "Fair Market Rental Value") of the Leased Land at the highest and
best use of the Leased Land. The highest and best use of the Leased Land shall be
determined without regard to LESSEE's intended or actual use of the Leased Land unless
that use is coincidentally the highest and best use of the Leased Land. CITY shall complete
such appraisal and deliver a copy of the appraisal report to LESSEE not less than ninety(90)
days before each Rental Adjustment Date.
3.3 Procedure for Rental Adjustment. To adjust the rent as of any successive Rental Adjustment
Date, CITY shall, at its own expense, retain an independent State of Alaska certified MAI
appraiser (Member, Appraisal Institute), who shall determine the "Fair Market Rental
Value" of the Leased Land in accordance with this Article 3, exclusive of improvements
placed thereon by LESSEE but inclusive of all improvements made by CITY (including
those made before or subsequent to this LEASE). The appraiser's report shall be delivered
to LESSEE not less than ninety (90) days before the Rental Adjustment Date. The
appraiser's determination of Fair Market Rental Value of the Leased Land shall constitute a
final binding determination of the Fair Market Rental Value and the adjusted annual rental
rate until the next Rental Adjustment Date, unless LESSEE objects to CITY's appraiser's
determination of the Fair Market Rental Value. In that case, LESSEE shall give written
notice to CITY of its objection within thirty(30)days of receipt of the appraiser's report,and
LESSEE shall then engage an independent State of Alaska certified MAI appraiser(Member,
Appraisal Institute) at LESSEE's expense to make an appraisal of the Fair Market Rental
Value in accordance with this Article 3.
138
This RFP was advertised according to SCC 6.10.135 and SCC 6.10.140.The RFP's were opened on
November 26`h at 2pm. One business responded to the RFP with a responsive bid of$38,700.
MacSwam Associates, LLC.
With only one Company responding no scoring was needed to determine the winning proposal.
INTENT:
Enter into a contract with MacSwain Associates,LLC in the amount of$38,700.00 to reappraise 43
City of Seward leased properties.
CONSISTENCY CHECKLIST: Yes No N/A
Comprehensive Plan (Page I-13 3.2.1.]):Manage land use to facilitate
1. economic development while maintain the historic, small town X
character of Seward
2. Strategic Plan (page 9):Growth Management and Land use planning X
3. Other (list):
FISCAL NOTE:
Approved by Finance Department:
ATTORNEY REVIEW: Yes X No Not Applicable
RECOMMENDATION:
Approve Resolution 2019-116 authorizing the City manager to enter into a contract with MacSwain
Associates, LLC to reappraise 43 lots leased by the City of Seward in the amount of$38,700.
139
City ®f Seward Land Appraisal Services
Appendix A — Bid Submittal Form
Date ( 11/25/19
Company Name MacSwain Associates, LLC
i Type of Organization (Individual' Limited Liability Corporation
Limited Partnership, etc.
Printed Marne and 'Title of Steve MacSwain,MAI - Owner
Authorised Agent
Address 4401 Business Park Blvd.,Suite 22,Anchorage,AK 99503
Contact Person Steve MacSwain,MAI
r
Contact Phone Number 907-561-1965
Contact Email Address
s.macswain@macswain.com
Contact Fax Number 1907-561-1955
Addenda: Receipt of addenda number (s? 1 is/are
hereby acknowledged (please insert `no' if no addenda were issued);
Lump sum price to appraise 43 parcels $ 38,700
(Dollars)
Uth'o, rued Signature and date
140
Professional Services Agreement with
for Land Appraisal Services
This AGREEMENT, made and entered into this 11" day of January, 2020 by and between
the CITY OF SEWARD, a 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 MacSwain Associates, LC, a Land Appraisal Company
authorized to do business in Alaska, with offices locatedat 4401
Business Park Blvd, Suite 22, Anchorage, AK 99503, hereinafter referred to as the
"Contractor".
WITNESSETH
WHEREAS, the City of Seward wishes to have certain lands appraised; and
WHEREAS, MacSwain Associates, LLC has demonstrated qualifications to
perform these appraisals and 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.
1.2 "Change" is an addition to, or reduction of, or other revision in the scope,
complexity, character, or duration of the services or other provisions of this
Agreement.
1.3 "City," "the client", and "Owner" shall all mean the City of Seward, Alaska.
1.4 "Contracting Officer" shall mean the City of Seward Harbormaster and
include any successor or authorized representative.
1.5 "Project" shall mean the appraisal of a number of municipal owned
properties or properties to be acquired that are located in the City of
Seward to provide an appraisal report, which contains the Fair Market
Value of the Fee Simple interest in land, a Lease Rate Analysis, and the
Fair Market Rental Value of leasehold interests as described herein.
2.0 TERM OF AGREEMENT, This Agreement shall take effect upon execution. This
Agreement shall remain in full force and effect until the Project has been
completed and further, until all claims and disputes have been concluded. The
1
00878915.DOC
141
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 after compliance with
all applicable statutes, ordinances, and regulations.
3.0 Cost of Agreement. The total fee to be paid to the Contractor for this Agreement
is a fixed fee of $38,700.00 for Land Appraisal Services outlined in 4.0 Scope of
Services, notwithstanding any other articles and conditions except if the fee is
increased or decreased by a written Change issued pursuant to Section 26.0 of
this Agreement.
3.1 Extension Error. In the case of an error in the extension of prices in the bid,
unit prices will govern.
3.2 Additions/Deletions. The City reserves the right to add or delete parcels from
the contract.
Provided that the additional (or deleted) parcels are similar in size and type, the
unit fee to be paid for additions (or deletions), including individual appraisals, will
be the average contracted fee of all parcels within that priority group. Other types
of additions (or deletions) will be negotiated on a case by case basis.
3.3 Payments. Payment will be made within thirty (30) working days after receipt
and approval of Contractor's billing statement and following acceptance by the
City of Contractor's final products. Unless otherwise agreed, payment will be
based on a properly documented invoice showing the project completed.
4.0 SCOPE OF SERVICES. The City and Contractor have agreed upon a scope of
work described in the Contractor's proposal, to provide professional land appraisal
services based on approved standards and instructions, to include:
a. Establishing the Fair Market Rental Value of leasehold interests through a
Lease Rate Analysis, which establishes city land lease rates as a percent of
fair market fee simple land value. This should include specific
recommendations regarding the rates to be applied in the City's boat harbor
and marine industrial areas.
b. Establishing the fair market fee simple value and the rental adjustment of
parcels in Attachment B.
c. Establishing the fair market fee simple value of parcels identified in
Attachment B to provide the basis for negotiating price for possible
acquisition of the properties.
142
2
00878915.DOC
d. Submitting three (3) copies of the draft appraisal report in photocopy form
not later than February 20, 2020.
e. Submitting three (3) copies of the final report - one (1) original with color
photos in a three ring binder, and two (2) spiral bound photocopies not later
than March 6, 2020.
This Scope of Services can only be changed in writing pursuant to Section 26.0 of
this Agreement.
5.0 COMPLETION DATE. The completion date for all work described herein shall be
as follows:
5.1 Draft Report. The Draft Appraisal Report shall be due not later than February
20, 2020.
5.2 Final Report. The Final Appraisal Report shall be due not later than March 6,
2020.
6.0 PERSONNEL/ORGANIZATION
6.1 Protect Coordinator and Principal Appraiser. Work and services provided by the
Contractor will be performed by:
6.2 Key Personnel. The following personnel are considered to be essential to the
provision of adequate services by the Contractor:
6.3 Substitution of Key Personnel. The Contractor shall give the City reasonable
advance notice of any necessary substitution 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 shall be
made without the written consent of the City.
6.4 Removal of Protect Personnel. The City may, with reasonable cause, upon
providing written notice to the Contractor, cause to be removed immediately
from the Project or any phase thereof, any personnel whose continued
involvement in the opinion of the City, is not in the best interest of the Project
or the City. The Contractor, upon receipt of such written notice to remove an
individual(s), shall have five (5) business days to provide the City with the
name and summary of credentials of proposed replacement(s) for those
removed. The participation of those proposed personnel shall be subject to
approval by the City.
7.0 STANDARD OF PERFORMANCE. The Contractor agrees to provide all required
143
3
00878915.DOC
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 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 and as set out in Attachment D, Land Appraisal
Instructions.
8.0 TIMELINESS OF PERFORMANCE. Time is of the essence in this contract. The City
may well time matters relating to the Project and development of the Appraisal
Report based upon and in reliance upon the Scope of Services dates and time
schedules for performance by the Contractor. Contractor's failure to meet any
such deadlines or required performance may adversely imperil other contractual
obligations of the City. If the Contractor fails to deliver the Final Appraisal Report
by March 6, 2020 Contractor shall pay as liquidated damages and not as penalty
$200 per day for each day after March 6, 2020 the Final Appraisal Report is not
delivered.
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 order, ail 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. The Contractor shall
indemnify and save harmless the City and all its officers, agents, and employees
against any claim or liability from or based upon the violation of any such law,
ordinance, rule, regulation, order, or decree whether such violation be the result of
conduct by the Contractor, its agents, or employees.
10.0 INDEMNITY. To the fullest extent permitted by law, the Contractor shall indemnify,
defend, and hold harmless and save the City, its officers, agents and employees
harmless from any claims or liability of any nature or kind including costs and
expenses (including attorneys' fees), for or on account of any and all legal actions
or claims of any character whatsoever alleged to have resulted from injuries or
damages sustained by any person or persons or property (including contract rights
or intangible assets) and arising from, or in connection with, performance of this
Agreement, and caused in whole or in part by any negligent act or omission of the
Contractor; provided, however, that this paragraph shall not be construed so as to
require indemnification of the City from such claims, damages, losses, or expenses
caused by or resulting from the sole negligence of the City.
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
144
4
00878915.DOC
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 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
subject to revision at the City's request in order to provide continuously throughout
the term of the Contract 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 of this
Agreement and performance thereof.
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,
145
5
00878915.DOC
indemnify, and hold harmless the City harmless from and against any and all
claims, costs, royalties, damages and expenses of any kind of nature whatsoever
(including attorneys' fees) which may arise out of or result from or be reasonably
incurred in contesting any claim that the methods, processes, or acts employed by
the 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 that can be substantiated by the Contractor and 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 for over the life of the phase of the appraisal
underway, but because of the termination or suspension would have to be
absorbed by the Contractor without further compensation.
17.3 Activities Subsequent to Receipt of Notice of Termination or Suspension.
Immediately upon receipt of a Notice of Termination or suspension and
146
6
00878915.DOC
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;
b. terminate all orders and subcontracts to the extent that they relate to the
performance of the work terminated or suspended by the Notice.
c. place no further orders for materials, services, or facilities, except as
may be necessary for completion of such portion of the work under this
Agreement that is not terminated or suspended;
d. assign to the City, in the manner and to the extent directed by the City
or its representative, all of the right, title, and interest of the Contractor
under the orders of subcontracts so terminated, in which case, the City
shall have the right, at its discretion, to settle or pay any or all claims
arising out of their termination of such orders and subcontracts;
e. with the approval of the City or its representative, which shall be final and
conclusive for all purposes of this paragraph, settle all outstanding
liabilities and all claims arising out of termination of such orders and
subcontracts; the cost of which would be reimbursable in whole or in part,
in accordance with the provisions of this Agreement; and
f. 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, martial status, change in
marital status, pregnancy, or parenthood when the reasonable demands of the
position do not require distinction on the basis of age, physical handicap, sex,
marital status, changes in marital status, pregnancy, or parenthood. The 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 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. This consent shall not be
unreasonably withheld.
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
147
7
00878915.DOC
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 all subcontractors or 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.
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 CONTRACT. The Contractor shall perform all
work in a timely fashion, and in accordance with the schedules included in this
Agreement and Attachments.
25.0 CLAIMS AND DISPUTES. All claims and disputes under this Agreement, if not
otherwise resolved by the parties, shall be submitted to mediation prior to the filing
of any court action with respect to this Agreement. All court action related to this
Agreement or the performance thereunder will be filed in the Superior Court for
the State of Alaska, Third Judicial District at Kenai.
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 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 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;
148
8
00878915.DOC
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 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 Contractor
Attn: Harbormaster Mac Swain Associates, LLC
P.O. Box 167 4401 Business Park Blvd, Suite 22
Seward, Alaska 99664-0167 Anchorage, AK 99503
149
9
00878915.DOC
IN WITNESS WHEREOF, the parties have executed this agreement:
CITY OF SEWARD CONTRACTOR
BY: Scott Meszaros BY: Steve MacSwain
Title: City Manager Title: Owner
Date: Date:
Attest:
Brenda Ballou, City Clerk
City Seal
150
10
00878915.DOC