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HomeMy WebLinkAbout11232020 City Council Meeting PacketSeward City Council Agenda Facet Monday, November 23, 2020 City Council Chambers Beginning at 7:00 p.m. PUBLIC NOTICE TEMPORARY PROCESS FOR CITIZEN COMMENTS & PUBLIC HEARING TESTIMONY AT NOVEMBER 23, 2020 SEWARD CITY COUNCIL MEETING The Seward City Council will hold a Virtual Regular Meeting on Monday, November 23, 2020. Because the City of Seward is currently experiencing a declared public health emergency due to Coronavirus Disease 2019 (COVID-19), alternate methods for providing Citizen Comments and Public Hearing Testimony has been created. On the November 23 agenda, there will be ONE (1) public hearing item. If you wish to provide testimony about a public hearing item, you MUST do that during the public hearing testimony, NOT during citizen comments. For ALL OTHER TOPICS, this is done during citizen comments. Please indicate whether you want to speak during the FIRST citizen comments, public hearing, and/or the SECOND citizen comments. You may speak at any or all. How To Submit Your CITIZEN COMMENTS 1. Email your WRITTEN comments to clerkgcityofseward.net no later than 2:00 p.m. on Monday, November 23, 2020. • Identify whether you want your comments READ ALOUD at the meeting or EMAILED to council upon receipt. In response to your email, you should expect to receive a verification email from the clerk confirming the method of delivery — if you do not receive this email, please call the clerk at 224-4045. • Comments requested to be read aloud will be delivered verbally to council by the City Clerk at the appropriate time during the meeting. 2. If you wish to be called on the telephone during the meeting to provide your comments TELEPHONICALLY, send an email request to the City Clerk along with your contact information to clerk2cityofseward.net, including your full name and the telephone number you wish to have called. • The clerk must receive your request no later than 2:00 p.m. on Monday, November 23, 2020. • Identify whether you wish to be called during the FIRST or SECOND citizen comment period, or both. • If you wish to be contacted for the first Citizen Comment period, please be prepared to answer your phone starting at 7:00 p.m. • If you wish to be contacted for the second Citizen Comment period, there is no estimate of time to expect the call. In response to your email, you should expect to receive a verification email from the clerk— if you do not receive this email, please call the clerk at 224-4045. fj yj��lY 4ZFSy,T • All Citizen Comments will be timed and limited to three minutes (first period) or five minutes (second period). The telephone number will be called ONE time; if there is no answer, the clerk will move on to the next citizen. THERE WILL BE NO IN PERSON COMMENTS FOR THIS MEETING. How To Virtually ATTEND The Meeting 1. The meeting will be Live Streamed on the city's YouTube page. Log onto YouTube and type "City of Seward Alaska" into the search bar. 2. Listen on the radio. Tune to KIBH-FM 91.7 3. Watch on television. Tune into GCI Cable Channel 9. `a 1963 1965 2005 The City of Seward, Alaska CITY COUNCIL MEETING AGENDA M-AmedcaC I �® Please silence all cell phones darning the meeting November 23, 2020 7:00 p.m. Council Chambers Christy Terry Mayor Term Expires 2022 Tony Baclaan Vice Mayor Term Expires 2022 Sue McClure Council Member Term Expires 2023 Sharyl Seese Council Member Term Expires 2021 John Osenga Council Member Term Expires 2021 Liz DeMoss Council Member Term Expires 2023 Ristine Casagranda Council Member Term Expires 2022 Norm Regis Acting City Manager Brenda Ballou City Clerk Brooks Chandler City Attorney City of Seward, Alaska November 23, 2020 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING [Those who have signed in will be given the first opportunity to speak. Time is limited to 3 minutes per speaker and 36 minutes total speaking time for this agenda item.] 5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a council member so requests. In the event of such a request, the item is returned to the Regular Agenda] 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS A. Proclamations and Awards 1. Recognizing Retiring Police Chief Tom Clemons....Pg. 5 B. City Manager Report..........................................Pg. 6 C. City Attorney Report..........................................Pg. 24 D. Other Reports and Announcements [Reports must be submitted to the city clerk no later than noon on the Tuesday preceding the Monday meeting for inclusion in the packet. Five (5) minutes speaking time will be allowed for each report.] 1.Chamber of Commerce Report ............................Pg. 26 E. Presentations 1. Budget Presentation by Acting Finance Director Sam Hickok.......................................................... Pg. 30 Council Agenda Page I 3 7. PUBLIC HEARINGS A. Ordinances for Public Hearing and Enactment Emergency Ordinance 2020-013, Temporarily Adopting City Council Emergency Regulations Requiring Facial Coverings Inside Buildings Open To The Public In Response To The Rapid Increase In COVID-19 Cases Within the City Of Seward........................................................................................Pg. 39 8. UNFINISHED BUSINESS A. Items Postponed from Previous Agenda 1. Resolution 2020-083, Authorizing The City Manager To Enter Into A Contract With Harmon Construction To Replace The Retaining Wall At The Little League Field At Fourth Avenue And C Street In The Amount Of $45,850, And Appropriating Funds. This item was postponed from November 9, 2020.....................................Pg. 43 2. Resolution 2020-086, Revising Municipal Camping Fees. This item was postponed from October 26, 2020...................................................................Pg. 139 9. NEW BUSINESS A. Resolutions — None B. Other New Business Items * 1. Approval of the November 4, 2020 City Council Special Meeting Minutes.....Pg. 146 *2. Approval of the November 9, 2020 City Council Regular Meeting Minutes....Pg. 149 *3. Non -objection to the renewal of the following liquor license: 92790 Beverage Dispensary — Seasonal for Ray's Waterfront Bar & Grill ...........................Pg. 154 *4. Cancel the December 28, 2020 City Council meeting...............................Pg. 166 5. Discuss recruiting a permanent city manager, and approve updates to GovHR's recruitment documents...................................................................Pg. 167 6.Discuss the wage study...................................................................Pg. 178 7. Reschedule the City Council tour with department heads. 8.Approve the Friends of the Jesse Lee Home vs. City of Seward settlement ....... Pg. 187 10. INFORMATIONAL ITEMS AND REPORTS [No Action Required] A. October, 2020 City and Providence Financials It. CITIZEN COMMENTS [There is no sign in for this comment period. Time is limited to five (5) minutes per speaker.] 12. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS 13. ADJOURNMENT City of Seward, Alaska Council Agenda November 23, 2020 Page 2 PROCLAMATION WHEREAS, Tom Clemons started his career in law enforcement in 1971 in Petersburg and after a short stay with the police department, he gained employment with his beloved Alaska State Troopers; and WHEREAS, during his time with the Alaska State Troopers, Tom worked all over the state, but spent large portions of his career in the Southeast and Anchorage; and WHEREAS, he was a Search and Rescue coordinator, worked the Alaska pipeline near Paxson in the wild days during its construction, became an investigator, promoted to Sergeant and First Sergeant, and became an aircraft pilot before leaving the Troopers; and WHEREAS, after his retirement from the Troopers, he became Chief of Police in Sandpoint and later, he became the Chief of Police of Wrangell where he worked for many years; and WHEREAS, in 2003, he became the Chief of Police in Seward, where he had always wanted to work; and WHEREAS, he is credited with revamping the police department, modernizing policies and procedures, and making Seward a family -friendly place to celebrate our nation's holiday on the 41h of July; and WHEREAS, Tom Clemons has been a long-time member of both the Rotary Club and the Lion's Club and he enjoyed the involvement and interaction with other civic -minded citizens; and WHEREAS, Clemons has been well-known for his deep level of commitment to his profession and tireless long hours spent trying to give a voice to police officers in Seward and around the entire state of Alaska.; and WHEREAS, he became deeply involved in the International Association of Chiefs of Police (IACP) and he spent nearly 20 years as a board member of the State Associations of Chiefs of Police; and WHEREAS, in 2018, Clemons became the first Alaskan law enforcement officer to sit on the board of IACP and represent the state's small police departments on the national level; and WHEREAS, after roughly 50 years of service to the people of Alaska, Tom will achieve a well -deserved break. The Seward Police Department and the people of Seward sincerely thank him for his commitment, innovation, devotion and loyalty to the community he has served all these years. NOW, THEREFORE, I, Christy Terry, Mayor of the City of Seward, Alaska, do hereby thank Tom Clemons for his many years of service and his numerous contributions to the Seward Police Department, and wish him all the best in his retirement. Dated this 23rd day of November, 2020. CITY OF SEWARD Norm Regis P.O. BOX 167 Ph: (907) 224-4047 SEWARD, AK 9966 Fax: (907) 224-4038 CITY MANAGER'S REPORT NOVEMBER 23, 2020 The following purchase orders between $5,000 and $50,000 have been approved by the City Manager since the last council meeting: 10/30/2020 Electric $10,380 Warehouse restock 10/30/2020 SMIC $5,418 Pressure washer for the washdown pad to replace worn out pressure washer 11/04/2020 Police $11,530 New police radios for vehicles purchased in 2020. F-150 and Expedition. 11/05/2020 City Clerk $12,000 Online business license, permit, and inspection portal. RES 2020-067; 2020 cost, for City Clerk, Fire Dept., Building Inspector and Community Development 11/13/2020 MIS $27,740 Barracuda Email and Office 365 security and backup suite 11/13/2020 MIS $14,226 Microsoft Office 365 Yearly License 11/13/2020 MIS $14,000 Email migration services 11/13/2020 Fire $5,800 Nixle 360 contract payments RES 2020-008 11/13/2020 Electric $8,462 Welder & Plasma 11/13/2020 Water Dept. $9,966 New Chevrolet Truck Topper 11/13/2020 Water Dept. $35,057 New Chevrolet Truck City of Seward Personnel Transactions Separations: Department: Harbor Admin Harbor Electric Operations Supervisor Electric New Hires: Department: Correction Officer Police Winter Parks Maintenance SPRD Date of Separation: 10/29/2020 11/13/2020 Date of Hire: 11 / 10/2020 11/17/2020 Director of Electric Utility Electric Available Full Time Positions: Department: Corrections Officer * Police Patrol Officer Recruit Police Finance Director* Finance Accounting Tech I Finance Harbor Admin Harbor Available Seasonal Positions: Department: None 01/18/2021 Start Date Position Status: Advertising Since 11/29/2018 Advertising Since 01/27/2020 Advertising Since 04/28/2020 Advertising Since 09/11/2020 Advertising Since 11/09/2020 Position Status: *Corrections Officer position is two positions. One has been filled with one still open* *Update on Electric Department* The department has hired Robin Montgomery for the position of Utility Manager. Rob has over 20 years of utility experience working for South Carolina Electric & Gas Company and the Tennessee Valley Authority. TVA provides electricity for business customers and local power distributions serving 9 million people in parts of seven southeastern states. He has significant management experience and has participated in developing crisis response plans and been involved with many aspects of utility efforts. Rob will bring utility experience and leadership to the department and will continue the efforts started last June by the Interim Manager. Rob has a bachelor's degree from the University of South Carolina but had spent his high school years in Fairbanks, Alaska. A few years back he and his wife relocated to Seward from South Carolina after purchasing a local tourist cabin business. Rob will start on January 18, 2021 and the Interim Manager will stay thru the end of January to assure a smooth transition. Operations Supervisor Patrick Gillis resigned effective November 13, 2020. Patrick had worked in the department for a little over two years. He and his significant other are relocating out of state. 1. The SMIC yard is still a couple of boats from being full. We have opened another section of the boat yard for vessel storage. 2. The water in the Harbor has been turned off. There is signage throughout the harbor notifying where the winter water locations are. 3. The 50-ton lifts are slowing down, the entire harbor crew is working, and we have adjusted to COVID-19 issues/mandates while continuing to do boat lifts. 4. There is a new storage yard on the Harbor side of the bay. This has helped with the shortage of yard space. 5. The harbor had barge damage at X-float section. No one was injured, and we have ordered a bull rail replacement to repair the damaged area. 6. The crew is continuing to clean up the last 2 lots at SMIC. This could take some time, but we are making headway. 7. The fish cleaning stations are closed for the winter. 8. The Harbor office is short one staff member. 9. The US Coast Guard contacted us about location and designs for the new FRC located at SMIC. The Coast Guard has contacted the Harbormaster's office for the land acquisition for the Coast Guard SMIC site. More information to come later. 10. The Harbor has upgraded to the new software and are working through some minor issues. 11. Our offices are closed on Sundays. Any phone messages received on Sundays are being monitored and responded to by the Sunday harbor crew. PARKS & RECREATION MISSION Preserve, improve, and promote the city's natural resources, parkland, and recreational opportunities for current and future generations. COVID-19 RESPONSE • Programs and services maybe impacted by COVID-19. Please check program pages or contact us for the latest updates. • AVTEC has closed the gym (aka Student Services Center) to the public until further notice. GENERAL • Our Halloween Spooktacular was a huge success, attended by over a hundred families. Thanks to Sports & Rec staff for planning this event, and to the rest of our staff and many other volunteers for making it possible. UTILIZATION October 30 - November 12 Cam round Rentals 59 CAMPGROUNDS Seward Parks & Recreation manages 10 campgrounds with over 400 RV and tent sites. Reserve your site today on Campspot—visit our campground page for more details: https ://www. cityofseward.us/departments/parks-recreation/campgrounds • Winter camping is in effect. SPORTS & RECREATION AVTEC Gym Seward Parks & Recreation provides public recreation programs at the AVTEC Gym (aka Student Services Center) through a facility use agreement with the school. Visit RecDesk to view the activity calendar, register for a gym membership, and more: https://seward.recdesk.com/Community/Home SEWARD COMMUNITY LIBRARY & MUSEUM 100% Committed to Serving Seward Safely! LIBRARY MUSEUM SERVICE UPDATE The City of Seward has made the following temporary changes to Library & Museum services until further notice: • Library services by appointment and curbside delivery, Tues-Sat, 1 lam-8pm • Museum visits by appointment, Tues-Sat, I lam-5pm • Services subject to change as the situation and staff capacity changes • Visit website for updates: www.cityofseward.us/libmus • Don't forget we have free 24/7 WiFi outside the building, no password Call or email to let us know what you need, or to arrange an appointment or curbside delivery. We will accommodate walk in requests as much as we're able. Please ring the doorbell when you arrive. • Phone 907-224-4082 • Email libmuskciiyofseward.net COVID-19 PRECAUTIONS • Universal Face Coverings • Social Distancing • Hygienic Practices • Minimal Contact Time • No COVID-19 symptoms BOOKS GET OUR VOTE Statewide Winner Announcement Between October 19 and November 3, patrons voted for their favorite book character using a ballot box in the atrium. This fun program was designed to educate children about voting and government participation. Statewide totals from all participating libraries have come in and the winner is Pete the Cat! Stop by and check out our upstairs display for all candidate results. THANK YOU! INTERACTIVE BULLETIN BOARD Ongoing through early December Atrium Visit our Thank You! interactive board in the atrium and write a thank you note to someone special (person, business, organization, etc.) in our community. Let's work together and celebrate acts of kindness and support that we have all experienced during a challenging year. FALL TAKE HOME CRAFT/ACTIVITY KITS 2°d and 4'h Saturdays November 28'h — December 11'h: Winter Wonders December 12te — 25te: Celebrate Solstice Craft/Activity kits continue! The 2nd and 4' Saturday of the month, new craft kits for all ages will be available to pick up while supplies last. If you wish to reserve kits for your family, call 907-224-4010 or email alyonkciiyofseward.net. Kits will include age -appropriate information, activities, and crafts related to the themes listed above. MINI VIRTUAL STORY TIMES Fridays llam - 11:15am Join us on Facebook Live on Fridays: www.facebook.com/Seward.Communily.Libr4a.Museum Watch the recorded video on our Vimeo channel: vimeo.com/sewardlibrarymuseum Mini Story Times last about 10-15 minutes including songs, a rhyme/finger play, and of course, a story! Mini Story Time is developed with preschool -aged children in mind, but all ages are welcome to join in the fun. COMMUNITY BOOK CLUB Saturday, January 16 llam —12pm online via Zoom The Community Book Club will be on hiatus for the month of December and return in January with a new selection, TBD_ NOW HIRING Program Coordinator: Tues-Sat, 9am-6pm For more information, visit the City of Seward Employment Opportunities web page at www.cityofseward.us/departments/personnel-hr/employment-opportunities. Open till filled. COMMUNITY DEVELOPMENT • We are working with the contractor on the Jesse Lee Home demo • The project is currently 4 weeks behind schedule • Current Draft timeline of project (will vary) • October 1-26 finished majority of abatement. • October 26- ? raze of home has started corridors and Jewel Guard building has been razed cleanup of those areas are progressing. • Due to delays we had in the beginning of the project we're unable to remove large items and materials for citizens to be able to go through. The contractor has been working hard to salvage materials for use in a future memorial project with that being said the conditions and the age of the materials are giving us trouble. We had the hope to salvage the large beams unfortunately some broke in removal. The rain 10 and then freezing temperatures have caused multiple issues. We believe that had the delay not happened we would had been able to salvage more. All demolition is based on weather at this time demo days may vary. Community Development, and the contractor want to make the area is as safe as possible for the citizens and his employees. We request that citizens stay away from the fenced area and keep the roadways around the project clear. What is your vision for this 2.66-acre property? On November 3, 2020 Community Development presented a resolution to Planning and Zoning recommending that City Council rezone the former sight of the Jesse Lee Home property located at 101 & 105 Benson from Multi -family Residential (R3) to Park (P) this property is a total of 2.66 acres. The Commission postponed the public hearing for this rezone to December 1, 2020 so the citizens could give input. There will be a work session on December 1, 2020 at 6:00p.m. Please email planning@cityofseward.net if you would like to be involved Please help us by completing this 2 minute survey https://www.surveymonkey.com/r/JesseLeePropertyRezone Picture of the property is on the next page. C PUBLIC WORKS • At Public Works we are deemed as "essential workers" throughout this COVID-19 pandemic. We are following guidelines as directed by City administration and Council. We have operators that have already had to stay home with kids as schools make changes. We expect these shortages in our workforce to continue and possibly get worse while our community numbers of positive cases continue to rise. The water system, sewer system, and snow removal will continue. We will do our best to minimize delays with snow removal. We will also operate the office but follow with other City offices with closures to public (other than deliveries) in order to minimize exposure to all. We can be reached by phone at 907-224-4058. is • Council set up a work session for Monday December 7, 2020 at 6:00pm for the US Army Corp of Engineers public meeting to answer comments given on the Lowell Creek Feasibility Study. They did already complete a meeting with the SeaLife Center on November 2, 2020. • The Water/Sewer Rate Study will continue with information meetings to pairs of Council Members prior to the public work session scheduled for December 9, 2020 at 5:30pm. • Contractors have been scheduled to fix the broken airline at the Lowell Point Aeration Basin lagoon. We continue to drain down the lagoon levels to do the necessary repairs. We are working with DEC and Alaska Rural Water for the repair. • Please take notice of the following winter "no -parking memo" attached for 3rd 0 and 5th Avenue downtown, and help spread the word to others so they don't get a parking ticket and we can clear snow and ice from the road edges. Thank you for your help in making our roads safer. Im * * Winter weather is coming. Don't yet a ticket for parking downtown on Tues and Weds mornings. Please take note of the Seasonal "No Parking" signs that were installed on 3rd 4th and 5th Aves. This parking pattern will allow snow and ice removal once per week from road edges. The weekly snow and ice removal will improve the effectiveness of the gutters and storm drains. REMEMBER THERE IS "NO PARKING" WEEKLY ON ONE SIDE OF THE ROAD FOR 3P-D 4TH AND 5TH AVENUES FOR THE WINTER SEASON. EAST side of road WEST side of road T:0 A 13 ELECTRIC • The department has two personnel actions to report o The department has hired Robin Montgomery for the position of Utility Manager. Rob has over 20 years of utility experience working for South Carolina Electric & Gas Company and the Tennessee Valley Authority. TVA provides electricity for business customers and local power distributions serving 9 million people in parts of seven southeastern states. He has significant management experience and has participated in developing crisis response plans and been involved with many aspects of utility efforts. Rob will bring utility experience and leadership to the department and will continue the efforts started last June by the Interim Manager. Rob has a bachelor's degree from the University of South Carolina but had spent his high school years in Fairbanks, Alaska. A few years back he and his wife relocated to Seward from South Carolina after purchasing a local tourist cabin business. Rob will start on January 18, 2021 and the Interim Manager will stay thtu the end of January to assure a smooth transition. o Operations Supervisor Patrick Gillis resigned effective November 13, 2020. Patrick had worked in the department for a little over two years. He and his significant other are relocating out-of- state. • Electric utility rates are being reduced with the November bill due to both a drop in the utility charge (winter rates) and a significant drop in the Cost of power from Chugach Electric. • The all requirements contract with Chugach Electric will end December 31, 2021. A work session with the Council should take place in early January to go over both the process and goals desired for the new contract. • New Covid-19 practices went into effect November 12, 2020. Utility operation employees will break into two groups with one group working out of the Dial building and the other group working out of the Warehouse. Two employees will continue to work in the Annex building which will not open to the public. Two employees will work remotely. This is currently in place for the week of November 15-20. 14 Seward Volunteer Fire Department Departmental Activity Report (Modified) Current Period: 01/01/2020 to 11/13/2020, Prior Period: 01/01/2019 to 11/13/2019 00:00 to 24:00 Includes entries without a specific station/shift/unit All Stations All Shifts All Units All Activity Types Current Period Prior Period Category Count Staff Hrs Count Staff Hrs Dispatch/Remote Station Incidents* EMS Incidents NFIRS Incidents Fire Alarm Situations Chemical release, reaction, or toxic Combustible/flammable spills & leaks Controlled burning Cover assignment, standby at fire station, Dispatched and cancelled en route Electrical wiring/equipment problem Emergency medical service (EMS) Incident EMS call where party has been transported Explosion (no fire) Extrication, rescue False alarm and false call, Other Malicious, mischievous false alarm Medical assist Mobile property (vehicle) fire Natural vegetation fire Outside rubbish fire Person in distress Public service assistance Rescue or EMS standby Search for lost person Smoke, odor problem Special outside fire Steam, Other gas mistaken for smoke Structure Fire System or detector malfunction Unauthorized burning Unintentional system/detector operation Water problem Wrong location, no emergency found 0 00:00 0 00:00 0 00:00 0 00:00 0 00:00 0 00:00 1 00:07 0 00:00 2 00:46 3 05:36 1 00:21 2 00:58 0 00:00 2 189:03 12 15: 10 20 0 6 : 2 4 1 03:31 1 01 :4 3 101 215:01 160 284:15 2 02:09 0 00:00 0 00:00 1 02:16 0 00:00 3 05:18 1 03:09 0 00:00 2 01:32 0 00:00 5 18:00 4 09:09 2 47:51 4 45:05 1 20:30 6 18:51 0 00:00 2 02:03 1 01:54 1 01:21 15 30:26 15 74:02 2 68:12 1 14:00 0 00:00 4 110:05 1 01:06 1 04:12 0 00:00 1 02:00 0 00:00 3 06:10 8 89:54 3 43:26 10 31.54 10 13:21 0 00:00 5 13:25 25 27:06 16 2 5 : 4 3 0 00:00 1 02:12 10 18:09 10 13:54 * Staff hours for Fire Alarm responses that have an associated EMS alarm record are considered shared hours. Shared hours are posted only with the EMS alarm responses to avoid duplication of staff hours in totals. 15 11/13/2020 12:58 Page 1 Seward Volunteer Fire Department Departmental Activity Report (Modified) Current Period: 01/01/2020 to 11/13/2020, Prior Period: 01/01/2019 to 11/13/2019 00:00 to 24:00 includes entries without a specific station/shift/unit All Stations All Shifts All. Units All Activity Types Current Period Prior Period Category Count Staff Hrs Count Staff Hrs Fire Alarm Situations 203 596:54 279 Hydrant Activities Flow Tests 1 00:30 13 Inspections 0 00:00 4 1 00:30 17 Inspection Violations Corrected Abatement of electrical hazards. 2 4 Access. 7 2 Address identification. 7 9 Areas without fixed seating. 0 2 Carbon monoxide alarms. 5 0 Ceiling clearance. 8 7 Cleaning. 2 2 Door operations. 0 4 Emergency light inoperable 0 2 Emergency power for illumination. 1 0 Equipment rooms. 4 0 Exit or exit access doorway arrangement. 2 4 Exit sign illumination. 1 0 Extension cord use 1 0 Extension cords. 10 2 Extinguisher installation. 4 7 Extinguishing system service. 3 0 Fire walls, fire barriers and fire 0 5 Fireblocking and draftstopping. 7 8 General requirements. 4 17 General. 3 1 Hold -open devices and closers. 4 0 Identification. 11 0 Illumination required. 12 13 Inspection, testing and maintenance. 9 0 Key box maintenance. 4 2 894:39 * Staff hours for Fire Alarm responses that have an associated EMS alarm record are considered shared hours. Shared hours are posted only with the EMS alarm responses to avoid duplication of staff hours in totals. 16 11/13/2020 12:58 Page 01:30 01:00 02:30 2 Seward Volunteer Fire Department Departmental Activity Report (Modified) Current Period: 01/01/2020 to 11/13/2020, Prior Period: 01/01/2019 to 11/13/2019 00:00 to 24:00 Includes entries without a specific station/shift/unit All Stations All shifts All Units All Activity Types Current Period Prior Period Category Count Staff Hrs Count Staff Hrs Inspection Violations Corrected Labeling. 7 1 Liquid storage cabinets. 4 0 Locks and latches. 2 0 Deans of egress continuity. 2 5 Minimum size. 2 0 Multiplug adapters. 10 6 Opening protectives. 7 1 Operations and maintenance. 3 2 Portable fire extinguishers for commercial 1 2 Pump and riser room size. 0 1 Records. 3 12 Securing compressed gas containers, 5 0 Signs. 9 1 Standards. 0 2 Systems out of service. 2 0 Unapproved conditions. 8 9 Where .required new buildings and 5 3 Where required. 16 15 Working space and clearance. 3 2 "No Smoking" signs. 1 7 201 160 Inspection Violations Discovered Abatement of electrical hazards. 6 4 Access. 11 5 Address identification. 13 13 Alarms. 4 0 Areas without fixed seating. 0 2 Cabinets. 2 0 Carbon monoxide alarms. 9 1 Carbon monoxide detection systems. 1 0 Ceiling clearance. 5 10 Certification of service personnel for 8 0 Cleaning. 2 6 Door operations. 1 5 * Staff hours for Fire Alarm responses that have an associated EMS alarm record are considered shared hours. Shared hours are posted only with the EMS alarm responses to avoid duplication of staff hours in totals. 17 11 /13/2 020 12:58 Page 3 Seward Volunteer Fire Department Departmental Activity Report (Modified) Current Period: 01/01/2020 to 11/13/2020, Prior Period: 01/01/2019 to 11/13/2019 00:00 to 24:00 Includes entries without a specific station/shift/unit All Stations All Shifts All Units All Activity Types Current Period Prior Period Category Count Staff Hrs Count Staff Hrs Inspection Violations Discovered Emergency power for illumination. 5 0 Equipment rooms. 9 0 Exit or exit access doorway arrangement. 4 3 Exit sign illumination. 1 0 Extension cords. 12 3 Extinguisher installation. 4 16 Extinguishers weighing 40 pounds or less. 1 0 Extinguishing system service. 2 0 Fire walls, fire barriers and fire 0 5 Fireblocking and draftstopping. 13 16 General requirements. 17 19 General. 10 8 Groups R-2, R-3, R-4 and I-1. 2 0 Hangers and brackets. 3 0 Hold -open devices and closers. 11 5 Identification. 11 4 Illumination required. 25 33 Illumination. 1 0 Inspection, testing and maintenance. 29 15 Internally illuminated exit signs. 1 0 Key box maintenance. 6 4 Labeling. 9 1 Liquid storage cabinets. 4 0 Locks and latches. 4 0 Matters not provided for. 2 0 Means of egress continuity. 5 6 Minimum size. 7 4 Monitoring. 5 0 Multiplug adapters. 9 13 Opening protectives. 6 1 Operations and maintenance. 3 4 Portable fire extinguishers for commercial 0 5 Power source. 1 0 Protecting containers from vehicles. 0 4 Pump and riser room size. 0 1 Records. 5 25 * staff hours for Fare Alarm responses that have an associated EMS alarm record are considered shared hours. Shared hours are posted only with the EMS alarm responses to avoid duplication of staff hours in totals. 18 11/13/2020 12:58 Page 4 Seward Volunteer Fire Department Departmental. Activity Report (Modified) Current Period: 01/01/2020 to 11/13/2020, Prior Period: 01/01/2019 to 11/13/2019 00:00 to 24:00 includes entries without a specific station/shift/unit All Stations All Shifts All Units All Activity Types Current Period Prior Period Category Count Staff Hrs Count Staff Hrs Inspection Violations Discovered Restoring systems to service. 1 0 Securing compressed gas containers, 7 2 Signs. 7 12 Smoke alarms. 2 0 Standards. 3 4 Storage. 1 0 Systems out of service. 7 5 Unapproved conditions. 15 13 Ventilation system. 2 0 Where required new buildings and 13 10 Where required. 31 48 Working space and clearance. 5 4 "No Smoking" signs. 0 12 383 351 Non -Incident Activities Burn Permit 24 2096:30 13 883:40 Consultation 2 01:00 0 00:00 Daily Log Book 9 81:00 299 2672:00 Demo Permit 1 00:15 0 00:00 EXPLOSIVES PERMIT 1 106:00 0 00:00 FOOTING INSPECTION 1 00:30 0 00:00 Generator Test Log 2 01:00 21 19:00 Inspection New Project 1 00:30 0 00:00 Investigations 0 00:00 1 01:30 Medical On Standby 0 00.00 3 04:30 Meeting 8 08:00 6 08:00 Meeting after hours 4 04:30 0 00:00 NFIRS FH reports to State 6 02:00 9 02:07 PARTIAL CERTFICATE OF OCCUPANCY 1 00:30 0 00:00 Public Education 3 03:00 20 26:30 Public Service 3 01:30 0 00:00 Quarterly SCBA Compressor Air Sample 5 05:00 0 00:00 SCBA refill, maintenance 4 03:00 0 00:00 Station Tour 5 04:30 0 00:00 * Staff flours for Fire Alarm .responses that have an associated EMS alarm record are considered shared hours. Shared hours are posted only with the EMS alarm responses to avoid duplication of staff hours in totals. 19 1.1/13/2020 12.58 Page 5 Seward Volunteer Fire Department Departmental Activity Report (Modified) Current Period: 01/01/2020 to 11/13/2020, Prior Period: 01/01/2019 to 11/13/2019 00:00 to 24:00 Includes entries without a specific station/shift/unit All Stations All Shifts All Units All Activity Types Current Period Prior Period Category Count Staff Hrs Count Staff Hrs Non -Incident Activities Vehicle Inspection Working on Projects Occupancy Inspections/Activities CONSULTATION - Assembly CONSULTATION - Building CONSULTATION - Fire Alarm CONSULTATION - Site INSPECTION - Auto Fire Protection System INSPECTION - Fire / Life Safety INSPECTION - Fire Alarm INSPECTION - Hood System INSPECTION - License INSPECTION - Other INSPECTION - Sprinkler System Lodging Permit Fire and Life Safety PLAN REVIEW - Architectural PLAN REVIEW - Fire Protection PLAN REVIEW - General PLAN REVIEW - Sprinkler System Permits Issued Explosives, Storage/Sales - Annual Testing/Maintenance of Equipment Alternate/Generator Repair Body Repair Calibration Electrical Repair Engine Repair Exhaust Repair 2 07:00 0 00:00 2 03:00 0 00:00 84 2328:45 372 3617:17 1 00:30 0 00:00 0 00:00 1 00:45 1 01:00 0 00:00 1 00:30 0 00:00 3 02:45 0 00:00 43 35:45 29 15:19 17 08:15 3 01:30 3 01:15 0 00:00 1 00:30 17 08:45 1 00:15 0 00:00 17 10:00 3 01:30 37 18:10 87 43:30 1 01:00 0 00:00 1 00:30 0 00:00 0 00:00 1 01.00 1 01:00 0 00:00 128 61:25 141 72:19 1 9 1 9 0 00.00 1 00:00 1 00:00 2 00:00 3 00:00 4 00:00 0 00:00 2 00:00 0 00:00 1 00:00 0 00:00 1 00:00 * Staff hours for Fire Alarm responses that have an associated EMS alarm record are considered shared hours. Shared hours are posted only with the EMS alarm responses to avoid duplication of staff hours in totals. 20 11/13/2020 12:58 Page 6 Seward Volunteer Fire Department Departmental Activity Report (Modified) Current Period: 01/01/2020 to 11/13/2020, Prior Period: 01/01/2019 to 11/13/2019 00:00 to 24:00 includes entries without a specific station/shift/unit All Stations All Shifts All Units All Activity Types Current Period Prior Period Category Count Staff Hrs Count Staff Hrs Testing/Maintenance of Equipment Heat/Coolant Repair Hydro Static Test 5 Year Issued equipment Light/Bulb Replacement Maintenance Check Oil Change OSHA Ladder Certification/Testing PPE Inspection PPE Washed, DECON, or otherwise cleaned Pump Repair Pump Test Replace Battery Serviced and Test Run Taken Out of Service Tire Repair or Change Tune Up Winterized Training Administrative Procedures Apparatus Check Procedures Arson Methods and Motives Bloodborne Pathogens Blue Light Certification Boating Skills & Seamanship Building Construction and Fire Behavior Cardiovascular System Care & Maintenance of Equipment Clean and check ladders Clean, inspect & return hose to service Communications Equipment Conduct search & rescue in a structure Connect a pumper apparatus to water supply CPR and AED Certification 1 00:00 1 00:00 0 00:00 8 00:00 8 00:00 21 00:00 2 00:00 3 00:00 0 00:00 4 00:00 1 00:00 3 00:00 7 00:00 6 00:00 0 00:00 32 00:00 1 00:00 0 00:00 1 00:00 0 00:00 3 00:00 4 00:00 1 00:00 5 00.30 0 00:00 1 00:00 0 00:00 1 00:00 0 00:00 1 00:00 0 00:00 1 00:00 0 00:00 1 00:00 29 00.00 103 00:30 1 00:00 6 05:30 44 82:00 36 50:00 0 00:00 1 40:00 2 02:00 1 01:00 0 00:00 17 17:00 0 00:00 9 62:00 2 04:00 8 16:00 1 01:00 0 00:00 18 36:00 7 14:00 11 22:00 0 00:00 0 00:00 8 08:00 0 00:00 17 17:00 0 00:00 22 148:00 0 00:00 7 21:00 1 02:00 1 04:00 * Staff hours for Fire Alarm responses that have an associated EMS alarm record are considered shared hours. Shared hours are posted only with the EMS alarm responses to avoid duplication of staff hours in totals. 21 11 /13/2 020 12:58 Page 7 Seward Volunteer Fare Department Departmental Activity Report (Modified) Current Period: 01/01/2020 to 11/13/2020, Prior Period: 01/01/2019 to 11/13/2019 00:00 to 24:00 Includes entries without a specific station/shift/unit All Stations All Shifts All Units A11 Activity Types Current Period Prior Period Category Count Staff Firs Count Staff Hrs Training CPR Recertification 0 00:00 1 Decontamination 0 00:00 11 Disaster Response and Planning 8 12:00 5 Electrical Safety 0 00:00 2 Emergency Childbirth 1 01:00 0 Emergency Medical Services 26 36:30 2 ETT Training 0 00:00 9 Fire Wildland 1 06:00 12 Fire Behavior 1 02:00 14 Fire Control, General 0 00:00 19 Fire Department Organization 1 01:00 0 Fire Inspections 1 02:00 3 Fire Investigation 6 06.30 0 Fire Search Practices 0 00:00 1 Fire Streams Theory 0 00:00 17 Fire Vessel John Foster 11 36:30 4 Force entry into a structure 0 00:00 7 Fundamentals of Fire Suppression 0 00:00 19 General Building Construction 1 01:00 0 General Driver Training 0 00:00 13 General Fire Investigation 3 09:00 17 GENERAL KNOWLEDGE & SKILLS 9 18:00 30 Hazardous Materials Overview 8 12.00 0 Hazmat Awareness and Operations 0 00:00 45 Hose Deployment 24 58:15 12 Hose Rolls / Lays 0 00:00 14 ICS 100 1 03:00 3 ICS 200 2 07:00 3 ICS 700 1 03:00 3 ICS 800 3 08:00 3 Incident Command System 0 00:00 4 Mountain Rescue 17 34:00 20 Nervous System 1 01:00 0 Officer Development 8 41:00 15 Overhaul a fire scene 12 12:00 11 Patient Packaging 13 26:00 13 * Staff hours for Fire Alarm responses that have an associated EMS alarm record are considered shared hours. Shared hours are posted only with the EMS alarm responses to avoid duplication of staff hours in totals. 22 11/13/2020 12:58 01:30 11:00 27:00 01:00 00:00 02:00 360:00 68:00 122:00 121:30 00:00 32:00 00:00 04:00 29:00 08:00 24:30 112:00 00:00 26:00 62:00 155:00 00:00 171:30 42:00 18:30 07:00 09:00 12:00 09:00 12:00 45:30 00:00 118:00 33:00 13:00 Page 8 Seward Volunteer Fire Department Departmental Activity Report (Modified) Current Period: 01/01/2020 to 11/13/2020, Prior Period: 01/01/2019 to 11/13/2019 00:00 to 24:00 Includes entries without a specific station/shift/unit All Stations All Shifts All Units All Activity Types Current Period Prior Period Category Count Staff Hrs Count Staff Hrs Training Perform horizontal ventilation on a Pre- Planning Disasters Pre -Fire Plans Public Service / Events Pump Operations Respiratory System Respond to an apparatus to an emergency SCBA Donning Methods Set up ground ladders SKILL Clean & check ropes SKILL Use SCBA in restricted passage Specialized Training Sprinkler Systems Strategic and Tactical Operations SVFD Business Meeting Tools and Equipment Traffic Laws Transmit & Receive radio communications Trauma Bleeding Control Truck company operations Truck Inspection - Pump Testing Vehicle Extrication Water Rescue Training 0 00:00 7 24:30 1 01:00 12 42:00 25 50:00 12 07:30 0 00:00 19 76:00 7 14:00 0 00:00 2 02:00 0 00:00 0 00:00 9 27:00 19 32:30 6 15:00 0 00:00 12 4 2 : 0 0 0 00:00 11 44:00 0 00:00 1 04:00 2 02:00 3 09:00 1 01:30 0 00:00 10 15,00 1 08:00 173 206:21 1.39 223:00 0 00:00 9 13:30 0 00:00 13 39:00 13 13:00 8 12:00 2 02.00 11 11:00 0 00:00 3 20:00 12 24:00 0 00:00 0 00:00 23 37:00 10 20:00 19 38:00 516 869:06 790 2753:00 * Staff hours for Fire Alarm responses that have an associated EMS alarm record are considered shared hours. Shared hours are posted only with the EMS alarm responses to avoid duplication of staff hours in totals. 23 11 /13/2 020 12:58 Page 9 BOYD, CHANDLER, FALCONER & MUNSON, LLP Attorneys At Law Suite 302 911 West Eighth Avenue Anchorage, Alaska 99501 Telephone: (907) 272-8401 Facsimile: (907) 274-3698 bcf@bcfaklaw.com November 16, 2020 Seward City Council City of Seward PO Box 167 Seward, AK 99664 Re: Status Report Dear City Council This is our status report covering activity on legal matters since October 22 the date of our last report. Covid-19 We advised on KPB restrictions on use of CARES Act grant funds. We advised on the status of previous emergency ordinances and city council regulations. We reviewed an emergency ordinance. Jesse Lee Home We negotiated a settlement with Friends of Jesse Lee Home. Zoning Enforcement We received a referral on a nuisance enforcement. We will attempt to obtain compliance without initiating a formal proceeding through the court system. Personnel We helped resolve an employee grievance. We reviewed ground rules for reopening negotiations related to the wage study. We reviewed and revised a policy on pets in the 24 Seward City Council November 16, 2020 Page 2 workplace. General Matters We reviewed a contract for repair of the Little League field. We researched ethics codes in other communities as part of a project to develop an ethics code. We advised on the process for transfer of two FCC licenses held by the City. We prepared a legal opinion on the authority of the city council to approve hiring of certain city executive employees. We advised on council attendance in executive sessions by teleconference. We advised on a public records request. You can expect to receive our next status report by December 23. Very truly yours, BOYD, CHANDLER, FALCONER, & MUNSON LLP 1 y1i Brooks W. Chandler W Chamber of Commerce — Executive Director Report November 23, 2020 Board Meeting (report submitted November 16, 2020) Sign Restoration — if you haven't had a chance, come check our restored Historic Seward Sign at the Visitor Center. Local artist, Toni Henderson, did an amazing job. Thank you to the City Works staff for helping us carefully extract and replace this sign. There are a few articles on visiting the Seward area in this month's Alaska Magazine. Bear Glacier Lagoon is listed as one of Alaska's great hidden destinations. There is also an article by Melissa Bradley on The Alaskan's Alaska vacation that describes their annual trip out in Resurrection Bay by sailboat. Budget/Finances: Continuing to develop a modified budget to provide consistent marketing services with the constant change going on. As things are starting to look like we are going to be down fairly significantly again next summer, we are having conversations as a staff as to how we can continue to make adjustments and shift what we are doing. I am working on a 2020 — 2024 Budget to work through the mitigation details for the coming years. Visitor Guide: Kat and Aisha are working on layout and copy. Additional Marketing: We are also working on developing some trade materials for both the Marine Industry and Conference/Wedding destination parts. Visitor Services: The visitor Center is still open during the week from 10am — 4pm Monday — Friday and are closed on the weekends. We are working on a few new things for our visitor center including: - Working with Chugach Corporation to have information available for Alaska Native Culture / History in the area - Display local member artists artwork on the walls in the visitor center (working to get more of our many local artists onboard) Seward Marine Front: Our next meeting is on December 3rd. We will continue our conversation discussing the development of marketing materials for the website and print materials as well as marketing strategies in general. Silver Salmon Derby: The 2021 SSD will be August 14t" — 22nd. We will be having our next Meeting in early/mid December and a few of the topics we will be covering are: self-assurance, side betting, and sponsor tags. Mount Marathon Race: We met with the Alaska Army National Guard about partnering with them on some mountain safety pieces as well as the 4t" of July festivities. In case you missed it, here is the latest info from my last conversation (11/5) with Tim Dillon (KPEDD). Page 1 26 They have hired two new staff including Cassidy Cameron (recent former City Manager of Seldovia) to help manage the workload they are dealing with. CARES Update (as of 11/5) Kenai Peninsula State CARES Money: 905 Businesses have received $42,598,845.29 (The Peninsula has 6% of the population but we have received almost 20% of the money) 8 million in pending applications so that percentage could go up. Seward State CARES Money: 95 businesses have received - $4,422,841.46. We still have 11 pending applications worth $1,647,603.15. Further Seward breakdown: (based on Nexus codes) • 28 accommodations/food businesses received $904,341.23 • 6 retail businesses received $533,135.88 • 9 real estate businesses received $316,158.25 • 9 commercial fishing businesses received $580,713.83 • 4 sportfishing businesses received $240,673.25 • 8 recreation businesses received $364,400.92 They are continuing to work with a number of businesses on both state and borough appeals for denied applications. Other important business items: KPEDD Industry Outlook Forum - January 6th in the Central Pen - more info to come. They will be kicking off their 5-year Comprehensive Development Plan at that event. Working to change policy and procedures within the Borough to help create clarity and ease for businesses. They've received funding to develop a financial resilience plan for the Kenai Peninsula and are working on that. As part of that, they are doing a workforce development project that will include a website that has jobs on the Kenai, how to get trained for those jobs on the Kenai, and how to get funding for that training. (We are going to tie that into our marine and trades industries pieces here with jobs and AVTEC). Received funding to expand Disaster Loan Program (increases financial aid possible) Working to increase our Marine Economy - developing relationships with the Coast Guard and hoping to develop more AIDEA funding opportunities. Advocating for Kenai Peninsula Hwy safety on a couple of projects. Calendar of Upcoming Events: 11/16-11/20 — Small Business Start Up Week 11/19 —Chamber Board Meeting 11/20 — Kenai Peninsula Tourism Marketing Council Board Meeting Page 2 27 11/27-11/29 — Shop Small Weekend 11/26 — 11/27 - Thanksgiving / Native American Heritage Day (Chamber Holidays — Visitor Center Closed) PROGRAM/PROMOTION COORDINATOR REPORT: (Marissa) • Social Media o Instagram: Weekly posts & stories, o Developing Pinterest account • Events outreach/coordination o AK Startup Week - Nov 16-22 https://alaska.startupweek.co/ o Shop Small Weekend - Nov 27-29 • Sign up your business! http://bit.ly/shopsmallsignup MEMBERSHIP REPORT: (Aisha) Total Active Members: 346 Dropped/Frozen (48): (LIST) o Final membership year cut-off on 10/31 so that board seat election ballots could be sent to active (paid) members. New: o Mermaid Grotto Cafe & Boutique (new premium member) o ProFish N Sea (rejoined) o Crackerjack Charters (rejoined) o Captain Jack's Seafood (rejoined) o Alaska Beeswax Wraps (new classic member) Prospective/Processing Members: o D6 Thermal • U.S. Army • A to Z Construction Services o Seward Industrial • Seward Shuttle Service o Anchor and Summit Wellness • 2021 BOARD ELECTIONS o SurveyMonkey ballot active 11/1-11/15 • Advertising and listings sales for 2021 Seward Visitor Guide o Finalizing ad space and artwork with partners o At $49,700+ in ad sales • SIMPLEVIEW SUMMIT -"virtually" attending via watch party • STARTUP WEEK - Starting a Business in Seward - Taking the First Step (Nov 18, 2020) Engaging participants and promoting event • SHOP SMALL WEEKEND (Nov 27-30) o BUYALASKA partnership development w/ Katie Ashbaugh of AKSBDC • Coordination support COMMUNICATIONS REPORT: (Kat) • Website o Received homepage design introduction from Simpleview and updated with feedback Page 3 28 o Virtually attending Simpleview Summit, including seminar on "prepping for a web redesign" -- laying out plans with membership to present robust listings • Visitor Guide: o Nearing content lock - all copy is in to designer. Adding new sections on destination planning, mountain biking and public lands. o Creating a spread dedicated to winter travel o Highlighting Alaska Native voices o Still searching for options for Cover photo o Purchases 1,000 leads from ATIA to send 2020 guide Advertising o Joined the public relations and advertising subcommittee for ATIA o Worked with Buy Alaska on ADN ad for shop small weekend (subsequently pulled for COVID concerns but still fun!) Social Media o Reaching near 11,000 followers on Instagram - working with Bethany to take advantage of different social media features o In discussions with Crowdriff to see if their sourcing and digital assets manager would be a good fit for us • In response to the need for some sort of digital asset management system o Nearly 200 shares on the Chamber's announcement re: Food Truck Race • Actively responded to community concerns as well Page 4 29 a a a P. 0 0 A L O N N s O E 00 16 I o� 0 N M N V, U 0 n C� O L1 O I L s 31 U CL c LL c O U Q cd EL m Lei 32 u ■ b�0 � L a � � O bq 4-+ id a O J O E 4J � N V) � L N 4 O V U — N a) L. o C N L bo > E -� U a LL _ N cd C: LL N 4-J L N N 4-J N 4-J N _ U C: L d N L d O LL =3 -� mU O N C: 0LL U cd LL U J � N � � N L b.0 V U41 N a 1 2 w 2 can � 33 a� u s > � c cd � � L Cd C U- � i y c o CL 0 O o N N cd a s > O L O m c O_ 00 M N C N N 41 m of E cd N cd N c a O O O 2L U 34 N c LL U N O CL Cd cd A, 35 El t�; d c O O 4-1 N LL �U 4-1 Q� 4-1 c N N d a ; U c O cd Z L 4- O O 'cd N N c co V E 'V N O vi � O U N �CO E 7 C > c O +-J N C_ (d U L. — N c p •- "� O m U c c O > L L v N N 4-J N N O-0 N N O c N� O N O N (U c u c L V_ v c U H � U 0 cn �U ON o� VI Cd O 4--1 4--1 4-10 -p O Cd � � � � N c ,J cd O i 4-1 cd O Cd O 4--1 Q� 4-1 — 4.J W — 4 N � V (A c N O 0 4-j — Ln O 00 Cd U c Ln �-6 Q w c O a- u j CL CL O II 36 L L LL L E U M L O (d cd U N N L. d M =p � � N a u L 2L E E E O N N 3 N L O N c a� '"*` s .In N (d c a 06 c O N N V N 0 N cdd c (d ►7 37 N N � N � N � N L � � O O (A N -0 - o� c L 4-J 4-J O L J O 00 V N L O L -v N J L m cd C) =3 I cd _4-J 4-j 3 N U C: coif I I cd cd� N 4-j O 00 0 U cn u O � �o � O � N O N v C N � •- -0 V V z U � cd D c U- O N4-1 Cd U d O cd E Z 0 0 0 � cdCL V o Cd -0 s- s p n N N O cd -p CL L L cd N z U- O a 38 Sponsored by: Regis CITY OF SEWARD, ALASKA ORDINANCE 2020-013 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, TEMPORARILY ADOPTING CITY COUNCIL EMERGENCY REGULATIONS REQUIRING FACIAL COVERINGS INSIDE BUILDINGS OPEN TO THE PUBLIC IN RESPONSE TO THE RAPID INCREASE IN COVID-19 CASES WITHIN THE CITY OF SEWARD WHEREAS, the United States Center for Disease Control and Prevention ("CDC") has identified COVID-19 as a significant public risk; and WHEREAS, on March 11, 2020, and November 6, 2020 Governor Dunleavy issued declarations of public health disaster emergency in response to the outbreak of COVID-19 within Alaska's communities; and WHEREAS, the Seward City Council previously declared a local emergency as a result of the COVID-19 outbreak; and WHEREAS, on April 9, 2020, President Donald J. Trump declared that a statewide emergency exists in Alaska; and WHEREAS, the City of Seward experienced a sudden and substantial increase in COVID-19 positive cases the end of June and additional regulations with Emergency Ordinance 2020-008 was approved in response; and WHEREAS, though the community saw a decrease in COVID-19 cases between August and September 2020, cases are now increasing with the State of Alaska reporting 37 active cases in Seward as of November 11, 2020, and WHEREAS, on November 6, 2020, Governor Dunleavy issued a further disaster declaration that will take effect starting November 16, 2020; and WHEREAS, on November 12, 2020, Governor Dunleavy issued an emergency statement finding that the current escalation of COVID-19 infections among front-line workers, including healthcare staff, first responders, and servicemembers and their support crews, as an imminent threat to the safety of Alaskans. and urging Alaskans to wear face masks when social distancing is not possible and to maintain social distancing by staying six feet apart from all non -household members; and WHEREAS, this ordinance is intended to implement CDC recommendations and the Governor's recommendation in an effort to reduce the spread of COVID-19 in Seward; and 39 CITY OF SEWARD, ALASKA ORDINANCE 2020-013 WHEREAS, City Council finds the temporary implementation of social distancing and facial covering regulations necessary to preserve the public health and safety and slow the spread of COVID-19 within Seward's borders; and WHEREAS, according to the CDC, in -person gatherings where it is difficult for individuals to remain spaced six feet apart and attendees include friends and family members from outside an immediate household currently pose the highest risk of COVID-19 transmission; and WHEREAS, The World Health Organization indicated in a scientific brief published March 29, 2020 that COVID-19 is spread primarily by respiratory droplets produced when an infected person coughs or sneezes; and WHEREAS, the CDC recommends wearing face coverings in public settings where other social distancing measures are difficult to maintain and acknowledges that a significant portion of individuals with coronavirus are asymptomatic but can still spread COVID-19 to others; and WHEREAS, the CDC issued a scientific brief updated on November 10, 2020 identifying multiple scientific studies and investigations that "have confirmed the benefit of universal masking in community level analyses" each of which "demonstrated that, following directives from organizational and political leadership for universal masking, new infections fell significantly" which can be found at the following internet address: https://www.cdc.gov/coronavirus/2019-ncov/more/masking-science-sars-cov2.html; and WHEREAS, requiring individuals to comply with federal and state medical guidance regarding facial coverings and additional social distancing restrictions is necessary to preserve public health and safety during the COVID-19 pandemic; and WHEREAS, the City acknowledges the importance of every individual' s constitutional right to privacy and due process, but finds the regulations included in this Ordinance to be narrowly tailored, both in duration and scope, to preserve these constitutional rights while protecting the public from an immediate threat to life and safety; and WHEREAS, the affirmative vote of all members present at the city council meeting at which this ordinance is considered or the affirmative vote of five members of the city council whichever is less is required for enactment of this emergency ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS that: 40 CITY OF SEWARD, ALASKA ORDINANCE 2020-013 Section 1. Emergency Declaration. Pursuant to SCC 2.15.040, Council declares that a state of emergency continues to exist that requires immediate action by Council to preserve public health, welfare, and safety of the Seward community and protect it from the spread of COVID-19. Section 2. City Council hereby adopts the following temporary emergency regulation, which shall be entitled City Council Emergency Regulation: Council Emergency Regulation: Except as otherwise provided in this regulation, all individuals in Seward must wear a mask or covering over their nose and mouth in buildings open to the public when they cannot maintain six feet of space between themselves and individuals outside their household. Individuals four and under, individuals with trouble breathing, and individuals with a medical condition that prevents them from wearing a covering over their nose and mouth are exempt from this regulation. Facial coverings need not be worn when: 1. Individuals are alone or only with members of their household; 2. Individuals are eating or drinking in compliance with State of Alaska public recommendations. However, facial coverings must be worn in public establishments when not actively eating or drinking; or 3. Individuals are receiving lawful services that cannot be adequately performed while the recipient is wearing a facial covering. Section 3. Codification. This ordinance is an emergency ordinance, is not permanent in nature, and shall not be codified. Section 4. Effective Date. This ordinance shall take effect at 12:00 a.m. on Wednesday, November 23, 2020, and shall remain in effect for thirty (30) days or until the declaration of emergency regarding COVID-19 expires without renewal. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA this 23rd day of November, 2020. THE CITY OF SEWARD, ALASKA Christy Terry, Mayor :si CITY OF SEWARD P.O. Box 167 410 Adams Street Seward, Alaska 9966+0167 Seward City Council Emergency COVID-19 Regulation FACIAL COVERINGS • Main Office (907) 224-4050 • Police (907) 224-3338 • Harbor (907) 224-3138 • Fire (907) 224-3445 • City Clerk (907) 224-4046 • Community Development (907) 224-4049 • Utilities (907) 224-4050 • Electric (907) 224-4073 Except as otherwise provided in this regulation, all individuals in Seward must wear a mask or covering over their nose and mouth in buildings open to the public when they cannot maintain six feet of space between themselves and individuals outside their household. Individuals four and under, individuals with trouble breathing, and individuals with a medical condition that prevents them from wearing a covering over their nose and mouth are exempt from this regulation. Facial coverings need not be worn when: 1. Individuals are alone or only with members of their household; 2. Individuals are eating or drinking in compliance with State of Alaska public health mandates. However, facial coverings must be worn in public establishments when not actively eating or drinking; or 3. Individuals are receiving lawful services that cannot be adequately performed while the recipient is wearing a facial covering. t16 Sponsored by: Meszaros Postponed: October 26, 2020 CITY OF SEWARD, ALASKA RESOLUTION 2020-083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH HARMON CONSTRUCTION TO REPLACE THE RETAINING WALL AT THE LITTLE LEAGUE FIELD AT FOURTH AVENUE AND C STREET IN THE AMOUNT OF $45,850, AND APPROPRIATING FUNDS WHEREAS, the Little League field retaining wall located at Fourth Avenue and C Street is in significant need of repair due to damage caused by environmental phenomena; and WHEREAS, the Little League field supports active youth and has widespread community support as evidenced by recent volunteer efforts to improve the field; and WHEREAS, the Seward 2030 Comprehensive Plan, Goal 3.6.1.1, is to "Improve existing and develop additional recreational infrastructure"; and WHEREAS, the City developed a scope of work and advertised a competitive bid package, according to SCC 6.10.210; and WHEREAS, one bid was received by the required deadline of August 28, 2020; and WHEREAS, the City reviewed the bid and concluded Harmon Construction was the lowest, most qualified and responsive bidder with a bid amount of $45,850. 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 Harmon Construction to replace the retaining wall at the Little League Field at 4th Ave and C St in the amount of $45,850. Section 2. Funding is hereby appropriated from the Capital Acquisition Fund undesignated reserves account no. 80010-0000-3400 to capital equipment account no. 80010- 1410-8103. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 26t' day of October, 2020. 43 AGENDA STATEMENT Meeting Date: October 26, 2020 To: City Council From: Scott Meszaros, City Manager <Cf Through: Tyler Florence, Director of Parks & Recreation Agenda Item: City Council authorizing the City Manager to enter into a contract with Harmon Construction to replace the retaining wall at the Little League Field at 41h Ave and C St in the amount of $45,850, And Appropriating Funds BACKGROUND & JUSTIFICATION: The Little League Field retaining wall (located between the parking Iot and main field fence) is in significant need of repair due to damage caused by environmental phenomena. Weathering has caused some of the wooden timbers comprising the wall's structure to crack and break. Erosion has hollowed out substantial amounts of earth behind certain areas of the wall, particularly underneath and adjacent to the announcer's booth. This action has loosened timbers, which in turn has destabilized the connected fencing. The fencing is designed to prevent people from falling from a height of several feet, which could result in serious injury. These areas have been cordoned off for the time being to prevent potential accidents. The work would entail replacing the existing wooden retaining wall and fence with a poured - concrete retaining wall and a new 42" chain link fence. A concrete wall would provide enhanced durability and stability compared to the existing wooden one. The area would also be re -graded, helping to mitigate future erosion and to ensure ADA accessibility. INTENT: Authorize the City Manager to enter into a contract with Harmon Construction to replace the retaining wall at the Little League Field at 4th Ave and C St in the amount of $45,850, And Appropriating Funds. CONSISTENCY CHECKLIST: Yes No NIA Comprehensive Plan (2030, approved by Council May 30, 2017): 3.6.1.1 Improve existing and develop additional recreational X infrastructure. Strategic PIan (Approved by Council Resolution 99-043): Provide diverse, year-round, indoor and outdoor recreation X facilities...( .3) Other (list): 44 FISCAL NOTE: Funding for this project will come from the Capital Acquisition Fund. Approved by Finance Department: ATTORNEY REVIEW: Yes No Not Applicable RECOMMENDATION: Approve Resolution 2020- , authorizing the City Manager to enter into a contract with Harmon Construction to replace the retaining wall at the Little League Field at 4th Ave and C St in the amount of $45,850, and appropriating funds. N6 Sponsored by: Regis Substitute Resolution CITY OF SEWARD, ALASKA RESOLUTION 2020-083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE ACTING CITY MANAGER TO ENTER INTO A CONTRACT WITH HARMON CONSTRUCTION TO REPLACE THE RETAINING WALL AT THE LITTLE LEAGUE FIELD AT 4TH AVE AND C ST IN THE AMOUNT OF $45,850, AND APPROPRIATING FUNDS. WHEREAS, the Little League Field retaining wall located at 41h Ave and C St is in significant need of repair due to damage caused by environmental phenomena; and WHEREAS, the Little League Field supports active youth and has widespread community support as evidenced by recent volunteer efforts to improve the field; and WHEREAS, goal 3.6.1.1 of the Seward 2030 Comprehensive Plan is to "Improve existing and develop additional recreational infrastructure;" and WHEREAS, the City developed a scope of work and advertised a competitive bid package according to SCC 6.10.210; and WHEREAS, two bids were received by the required deadline of November 6th, 2020; and WHEREAS, the city reviewed the bids and concluded Harmon Construction was the lowest, most qualified and responsive bidder with a bid amount of $45,850. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Acting City Manager is hereby authorized to enter into a contract with Harmon Construction to replace the retaining wall at the Little League Field at 4th Ave and C St in the amount of $45,850, And Appropriating Funds. Section 2. Funding in the amount of $45,850 is hereby appropriated from the capital acquisition fund reserves account no. 80010-0000-3400 to capital equipment account no. 80010- 1410-8103. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 23rd day of November, 2020. t AGENDA STATEMENT Meeting Date: November 23, 2020 To: City Council Through: Norm Regis, Acting City Manager From: Tyler Florence, Director of Parks & Recreation Agenda Item: City Council authorizing the Acting City Manager to enter into a contract with Harmon Construction to replace the retaining wall at the Little League Field at 41h Ave and C St in the amount of $45,850, And Appropriating Funds BACKGROUND & JUSTIFICATION: The Little League Field retaining wall (located between the parking lot and main field fence) is in significant need of repair due to damage caused by environmental phenomena. Weathering has caused some of the wooden timbers comprising the wall's structure to crack and break, Erosion has hollowed out substantial amounts of earth behind certain areas of the wall, particularly underneath and adjacent to the announcer's booth. This action has loosened timbers, which in turn has destabilized the connected fencing. The fencing is designed to prevent people from falling from a height of several feet, which could result in serious injury. These areas have been cordoned off for the time being to prevent potential accidents. The scope of work generally includes removing, replacing and/or installing approximately 167 feet of retaining wall, fencing and railing. The replacement retaining wall shall consist of poured concrete and be constructed to a height of 3 feet 6 inches. The replacement retaining wall shall be constructed at a distance of 9 feet from the infield fence running from the northwest side of the field (3rd base side) to behind home plate, and at a distance of 13 feet 4 inches on the southeast side of the field (lst base side). The replacement railing and fencing shall be constructed to a height of 3 feet 6 inches. Shape and grade the southeast parking lot so that water drains to the east, behind the concession stand. Remove, transport, and properly dispose of all construction and waste materials. INTENT: Authorize the Acting City Manager to enter into a contract with Harmon Construction to replace the retaining wall at the Little League Field at 4th Ave and C St in the amount of $45,850, and appropriating funds. 47 CONSISTENCY CHECKLIST: Yes No NIA Comprehensive Plan (2030, approved by Council May 30, 2017): 3.6.1.1 Improve existing and develop additional recreational X infrastructure. Strategic Plan (Approved by Council Resolution 99-043): Provide diverse, year-round, indoor and outdoor recreation X ties...( .3) (list): L FISCAL NOTE: Funding for this project will come from the Capital Acquisition Fund. Approved by Finance Department: qM #d--P1"- . ✓ e 111171Z- Z oIf ATTORNEY REVIEW: Yes.- No Not Applicable RECOMMENDATION: Approve Resolution 2020 , to authorize the Acting City Manager to enter into a contract with Harmon Construction to replace the retaining wall at the Little League Field at 4th Ave and C St in the amount of $45,850, And Appropriating Funds 48 SECTION 000500 - CONTRACT CITY OF SEWARD, ALASKA Little League Field Project CONTRACT ("Contract"), between the City of Seward, Alaska, herein called the City, acting by and through its City Manager, and upon signing; this document shall serve as the notice to proceed, and HARMON CONSTRUCTION Company Name PO BOX 1650, SEWARD AK 99664 Company Address (Street or PO Box, City, State, Zip) a/an ❑ Individual ❑ Partnership ❑ Joint Venture ❑ Sole Proprietorship p p ®Corporation. incorporated under the laws of the State of ALASKA , its successors and assigns, herein called the Contractor, is effective the date of the signature of the City Manager on this document. The Contractor, for and in consideration of the payment or payments herein specified and agreed to by the City, hereby covenants and agrees to furnish and deliver all the materials and to do and perform all the work and labor required in the construction of the above -referenced project as bid by the Contractor, which bid and -prices named, together with the Contract Documents (as hereinafter defined) are made a part of this Contract and accepted as such. It is distinctly understood and agreed that no claim for additional work or materials, done or furnished by the Contractor and not specifically herein provided for, will be allowed by the City, nor shall the Contractor do any work or furnish any material not covered by this Contract, unless such work or materials is ordered in writing by the City. In no event shall the City be liable for any materials furnished or used, or for any work or labor done, unless the materials, work, or labor are required by the Contract or on written order furnished by the City. Any such work or materials which may be done or furnished by the Contractor without written order first being given shall be at the Contractors own risk, cost, and expense and the Contractor hereby covenants and agrees to make no claim for compensation for work or materials done or furnished without such written order. Notwithstanding the foregoing, payment under this Contract shall not exceed Fort -five Thousand Eight Hundred Fifty dollars ($ 45,850 ) for all base items, additive alternates and additional work. The Contractor further covenants and agrees that all materials shall be furnished and delivered and all work and labor shall be done and performed, in every respect, to the satisfaction of the City, on or before: June 18% 2021 or within calendar days following the date of notice to proceed. It is expressly understood and agreed that in case of the failure on the part of the Contractor, for any reason, except with the written consent of the City, to complete the furnishing and delivery of materials and the doing and performance of the work before the aforesaid date, the City shall have the right to deduct from any money due or which may become due the Contractor, or if no money shall be due, the City shall have the right to recover NIA dollars ($ NIA ) per day for each calendar day elapsing between the time stipulated for the completion and the actual date of completion in accordance with the terms hereof; such deduction to be made, or sum to be recovered, not as a penalty but as liquidated damages. Provided, however, that upon receipt of written notice from the Contractor of the existence of causes over which the Contractor has no control and which must delay furnishing of materials or the completion of the work, the Contracting Officer may, at his or her discretion, extend the period specified for the furnishing of materials or the completion of the work, and in such case the Contractor shall become liable for liquidated damages for delays commencing from the date on which the extended period expires. The bonds given by the Contractor in the sum of Five Percent (5%) of Bid Amount Performance Bond, City of Seward Little League Field Project. CONTRACT Section 000500 Page 1 eu, SECTION 000500 - CONTRACT to secure the proper compliance with the terms and provisions of this Contract, are submitted herewith and made a part hereof, The Contractor further covenants and agrees that the entire construction will be done under the administration of and to the complete satisfaction of the City subject to the inspection at all times and approval by any regulatory agency of the Local, State, or Federal Government of the United States of America, and in accordance with the laws of the State of Alaska and the City of Seward. For purposes of this Contract, Contracting Officer means _ Tyler Florence or any other person designated by the City Manager. The Contractor is an independent contractor and not an employee or agent of the City. Contract Documents shall have the meaning ascribed by the General Conditions of the Construction Contract, and include but are not limited to this Contract, the General Conditions of the Construction Contract, the Supplementary Conditions, and the following listed documents: (1) Bid Packet (2 IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and conditions. CONTRACTOR Date CITY OF SEWARD Signature of City Manager Typed Name Date City Cleric (ATTEST) City of Seward Little League Field Project CONTRACT Section 000500 Page 2 BID FORM City of Seward, Alaska City of Seward Little League Field Project COMPANY NAME: C L Qi7 11�1t1c x�t i. ADDRESS: �LA in compliance with your Invitation for B i d dated Ck - f <3030 _ the Undersigned proposes to furnish and deliver all materials and do all the work and labor required in the construction of the above referenced project, located at or near Sek40.-4 Alaska, according to the plans and specifications and for the amount and prices named herein as indicated on the Bid Schedule consisting of sheets, which is made park of this Bid. The undersigned declares that he has carefully examined the contract requirements and that he has made a personal examination of the site of the work; that he understands thatthe quantities, were such are specified in the Bid Schedule or on the plans forthis project, are approximate only and subjectto increase or decrease, and that he is willing to perform increased or decreased quantities of work at unit prices bid under the conditions setforth in the Contract Documents. The Undersigned hereby agrees to execute the said contract as directed or such furthertime as may be allowed in writing by the Contracting Officer after receiving notification of the acceptance of this bid, and it is hereby mutually understood and agreed that in case the Undersigned does not, the accompanying bid guarantee shall be forfeited to the Owner as liquidated damages, and the said Contracting Officer may proceed to award the contract to others. The Undersigned aggress to commence the work within 7 calendar days, and to complete the work on or before the Final Completion Date listed in the Special Provisions, Time of Completion, unless extended in writing by the Contracting Officer. The Undersigned acknowledges receipt of the following addenda to the Bid Documents (give number and date of each). ADDENDA NUMBER DATE ISSUED til ADDENDA NUMBER DATE ISSUED The Undersigned has read the foregoing bid and hereby agrees to the conditions stated therein by affixing his signature below: Bidding Company: Q�'> OC'i �� 0 cvLa r". Signatu . -G.- r� Title: 11" CONTRACTOR'S LICENSE NUMBER: �'t`,NC�► EXPIRES: BUSINESS ADDRESS: TELEPHONE: 4' 1 62 SECTION 000320 - BID BOND CITY OF SEWARD P.Q. BOX 1+67 SEWARD, ALASKA 99664 BID BOND DATE BOND EXECUTED November 6, 2020 PRINCIPAL (Legal name and business address) TYPE OF ORGAN17-ATION Harmon Construction, Inc. [ ] Individual [ ] Partnership PO Box 1650 [ ] Joint Venture Corporation Seward, AK 99664 SURETY(IES) (Name and business address) The Ohio Casualtv Insurance Companv 175 Berkelev Street Me UTiAul_19601to PENAL SUM OF BOND Five Percent (5%) of Bid Amount DATE OF BID November 6, 2020 NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected any extension of the time within which the Owner may accept such Bid: and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. Har n Construction, Inc, The Ohio Casualty Insurance Corroany, Pri ncipai Surety (Seam.) City of Seward Little League Field Project F Kelly 1 ael Layman, Att n y-in-Fact BID BOND Section 000320 Page 1 6% C «J W QD OM N 7 N � CID 0 N 0 C U} This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated. Liberty Liberty Mutual Insurance Company mutuil® The Ohio Casualty Insurance Company Certificate No: 8202853 - 974366 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Megan Hawkins, Krisly M. Konte, Kelly Michael Layman, Kirk C. Leadbetter, Glen Lopez, Jay A. Miley all of the city of Anchorage state of AK each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 9th day of January , 2020 . Liberty Mutual Insurance Company +Nsub 01 INS& +tssu� The Ohio Casualty Insurance Company h,Poo"PORyrq�O reJP'con°O'tq, '7y �P°oRPOiyar 'f'c, West American Insurance Company ,� J 3 For fi �� Fen a 3 For m 1912 0 d 1 2 1991 p*d8ay1a*�0 dy�eACMphl5M * �dbeL(. b'iy By: .N Q David M. Carey, Assistant Secretary State of PENNSYLVANIA County of MONTGOMERY ss m c On this 9th dayof January , 2020 before me personally a o ary p y appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance _ � Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes W therein contained by signing on behalf of the corporations by himself as a duly authorized officer. r IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at icing of Prussia, Pennsylvania, on the day and year first above written, 5N PAS 4i A�yyy£. rF� COMMONWEALTH OF PENNSYLVANIA c4� 4t� g Notarial Seal OF Teresa Pa, Notary Public Twp., Upper Merlon Two., Montgomery County Ply; ut�?roe My Commission Expires March 25, M I Teresa Pastella, Notary Public � s 41 Member, PennsylvaniaRy Assaaatirn of Notaries This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV —OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,. and subject to such limitation as the Chairman or the President' may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys�in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When se executed, such Instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5, Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as it signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. `y1 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this "� day of No1le,46, -, �Ck PV INSu"e �A1 INS& a +NSu/ Z, C°RpoVLPOR,-y� ZvF=ouaorr�raYfi } 1912 n o 1919 1991 0 o By: �d,,�9gettu9 �D a A NArevg' �b rS �OFA�`� db� Renee C. Llewellyn, Assistant Secretary LMS-12873 LMIC WC WAIC Muni Ca 12119 Ar Co ca 1p V1 9 �CM c O Q_1 a v� ]moo N Ec� c 0O 86 O19 r 53 CITY OF SEWARD, ALASKA BID SCHEDULE City of Seward Little League Field Project In accordance with the Contract Documents, Work furnished and constructed as described in the contract documents shall be paid by Lump Sum, in accordance with the General Conditions. Item No Description Quantity Pay Unit Amount Bid US 1 Base Bid: City of Seward Little League All Required Lump Sum 00 $ ►i'b g 50 . Field Project BISUMMARY: TOTAL (BASE BID + ADDITIVE ALTERNATE Ay AMOUNT IN FIGURES: L45 +'g50.00 TOTAL (BASE BID + ADDITIVE ALTERNATE A) AMOUNT IN WORDS: COMPANY NAME: t Y1 Title: 1 cue ) t' " Date: ��,CJo20 54 SECTION 000360 - STATEMENT OF QUALIFICATIONS BIDDING & CONTRACT REQUIREMENTS This form will be the basis of establishing the qualifications of the Construction Team for undertaking a construction project for the City of Seward. This questionnaire forms a part of the bid and failure to submit is a basis for rejection of the bid. If space for answering questions is insufficient, attachments are permitted,. GENERAL Legal Name and Address of Bidding Organization: ■ r. s � b. Name, title, and telephone number of Bidder's representative for project �n��rnr�ce b. Name, title, and telephone number of Bidder's representative for project �n��rnr�ce r-tarmon �re � kdeni CiO�I. 4M • Oa.Ci(n Organization Status (Check One): Corporation, Partnership, or Individual If Organization is a Corporation: Date of Incorporation: State in which Incorporated:] Principal officers: Name: Title: Date Assumed Position FINANCIAL a. Have you ever failed to complete a contract due to insufficient resources? Yes No�lf yes, explain: City of Seward Little League Field Project STATEMENT OF QUALIFICATIONS Section 000360 Page 9 611 SECTION 000360 - STATEMENT OF QUALIFICATIONS b. Describe any arrangements you have made to finance this work: . 3. EQUIPMENT a. Describe in detail the equipment you have available for this work. so b 0—Dotmc I L& c ITEM QUAN. MAKE MODEL SIZEI CAPACITY PRESENT MARKET VALUE —.99inp Tfu IV What percent of the total value of this contract do you intend to subcontract? Do you understand that if you are awarded this contract, you may be required to use some or all of the equipment listed above on the work covered by this contract? �: Do you propose to purchase any equipment for use on this project? Yes No)_If yes, describe type, quantity, and approximate cost: d. Do you propose to rent any equipment for this work? Yes No---% If yes, describe type and quantity: e. Is your proposal based on firm offers for all materials necessary for this project? Yes Y No 4. EXPERIENCE a. Have you had previous construction contracts or subcontracts with the City of Seward? YesNo Describe the most recent or current contract, completion date, and scope of wor City of Seward Little League Field Project STATEMENT OF QUALIFICATIONS Section 000360 Page 2 6.7. SECTION 000360 - STATEMENT OF QUALIFICATIONS List. as an attachment to this questionnaire, other construction projects you have completed; the dates of completion, scope of work, and total contract amount, for each project completed in the past 12 months. SUBCONTRACTORS/MATERIAL SUPPLIERS List below all Subcontractors and major material suppliers. This listing does not fulfill the requirements of paragraph 6.13.1 of the General Conditions of the Construction Contract, and award of a contract does not constitute approval of the Subcontractors- Name/address Subcontractor/Material Supplier Specialty 2. 3, 5. I hereby certify that the above statements are true and complete. Dated at RM.b �` P VUWQ-this_day of N1NeMY 0Gtlr , 20 M, Signature City of Seward Little League Field Project Name of Contractor pnts',&n-� itle OT Person Signing STATEMENT OF QUALIFICATIONS Section 000360 Page 3 57 HARMON CONSTRUCTION INC, P.O. BOX 1650 802.5 PORT AVENUE SEWARD, ALASKA 99664 PH. (907) 224-7145 harmon@harmon-construction. com Attachment for City of Seward Little League Field bid #4.a Experience City Sidewalks September 2020 Form and place concrete in two locations within the City of Seward. City Hall ADA Parking & Ram July 2020 Install new ADA ramp including stairs, sidewalk and handrails. City Hall Abatement June 2020 Abate asbestos containing materials in City Council Chambers. Install owner supplied flooring and base in City Council Chambers. Reconfigure upstairs restrooms to be similar to downstairs restrooms. Concrete sidewalk proiects June 2019 Form and place concrete in various locations around the City of Seward. 58 HARMON CONSTRUCTION INC. P.O. BOX 1654 842.5 PORT AVENUE SEWARD, ALASKA 99664 PH. (907) 224-7145 harmon@)harmon-construction.com Attachment for City of Seward Little League Field bid #4b. Completed Projects Harmon Construction has completed numerous projects of various sizes over the last 12 months. Below you will find a fist of some larger projects. Please contact Larry Harmon at 907-491-0206 to discuss total contract amount. Resurrection Roadhouse Remodel Remodel existing restaurant. Completion date = May 2019 Seward Windsong Lodge Construct three new 12-plex buildings. Completion date = June 2019 Catalyst Marine Shop Foundation Place and pour a lot of concrete. Completion date = October 2019 Four Season Marine Service 10-plex Construct new 10-plex structure. Completion date = March 2020 Four Season Marine Services Duplex Construct new duplex. Completion date = July 2020 6T City of Seward Little League Field Project 1 CONTRACT DOCUMENTS And TECHNICAL SPECIFICATIONS Bid Packet October 2020 [S. TABLE OF CONTENTS DIVISION 0 - BIDDING AND CONTRACT REQUIREMENTS, CONTRACT FORMS, CONDITIONS OF THE CONTRACT BIDDING and CONTRACT REQUIREMENTS 000030 Public Notice — Invitation for Bids 000100 Information to Bidders 000200 Required Documents 000300 Bid Form 000305 Bid Modification Form 000310 Bid Schedule 000320 Bid Bond 000360 Statement of Qualifications CONTRACT FORMS 000500 Contract 000610 Performance Bond 000620 Payment Bond 000630 Tax Compliance Certification — Kenai Peninsula Borough 000640 City Business License Application 000660 Subcontractor List CONDITIONS OF THE CONTRACT 000700 General Conditions WORK DESCRIPTION (Attached separately) City of Seward Little League Field Project - Aerial View City of Seward Little League Field Project - Site Photos END OF Table of Contents TABLE OF CONTENTS Page 1 SECTION 000030 - PUBLIC NOTICE - INVITATION TO BID CITY OF SEWARD, ALASKA Public Notice — Invitation for Bids City of Seward Little League Field Project The City of Seward desires to receive bids from qualified contractors to replace the retaining wall, fencing and railing at the Little League Baseball field located at 4th Ave and C St in Seward, Alaska. Shape and grade the southeast parking lot. The scope of work generally includes removing, replacing and/or installing approximately 167 feet of retaining wall, fencing and railing. The replacement retaining wall shall consist of poured concrete and be constructed to a height of 3 feet 6 inches. The replacement retaining wall shall be constructed at a distance of 9 feet from the infield fence running from the northwest side of the field (3rd base side) to behind home plate, and at a distance of 13 feet 4 inches on the southeast side of the field (1st base side). The replacement railing and fencing shall be constructed to a height of 3 feet 6 inches. Shape and grade the southeast parking lot so that water drains to the east, behind the concession stand. Remove, transport, and properly dispose of all construction and waste materials. The bid documents will available on October 22, 2020, in electronical format only. Electronic copies are available at no charge. To receive a copy of the bid documents and to be considered a Plan Holder; contact Traci Petersen at 907-224-4068, or by email at tetersen@cityofseward.net. The City will not be responsible for errors in bids due to the bidder's receipt of bid documents or addenda from other sources. All bids including any amendments or withdrawals must be received and time -stamped at the City of Seward prior to 11:00 am on November 6', 2020. Electronic or faxed bids will not be accepted. Bids shall be submitted on the forms furnished and must be in a sealed envelope marked as follows: BID FOR: City of Seward Little League Field Project CITY CLERK PO BOX 167 410 ADAMS STREET SEWARD, ALASKA 99664 The bids will be opened publicly in the City Council Chambers located at 410 Adams Street, Seward, AK 99664 beginning at 3:30 om on November 6th. 2020. The contract shall be let by the Seward City Council to the lowest qualified responsive and responsible bidder. The selection of the qualified bidder will be at the sole discretion of the City of Seward, and the City reserves the right to reject any and all bids or not to award a contract if deemed in the best interest of the City. This solicitation does not commit the City of Seward to pay any costs incurred in the preparation of the bid or to award any contract. All questions relating to technical matters, bid procedures or other aspects of the project should be directed to the following: Tyler Florence by e-mail: tlorence@cityofseward.net. All questions must be received no later than midnight on November 5th, 2020. Section 000030 Page 1 62 SECTION 000100 - INFORMATION TO BIDDERS CITY OF SEWARD, ALASKA Information to Bidders City of Seward Little League Field Project The City of Seward, Alaska, is concerned about the manner in which Bids are submitted. Bidders are requested to study and follow the bid assembly instructions as to the method and form for submitting bids so there will be no reason to reject a bid. 1.00 CONTRACTING OFFICER Tyler Florence Director of Parks & Recreation, City of Seward 1.01 EXAMINATION OF CONTRACT REQUIREMENTS Bidders are expected to examine carefully all documents incorporated in the contract to determine the requirements thereof before preparing bids. Any explanation desired by bidders regarding the meaning or interpretation of any provisions must be requested in writing and with sufficient time allowed for reply to reach them before the submission of their bid. Oral explanations or instructions given before the award of the contract will not be binding. Any interpretation made will be in the form of an addendum to the contract documents and will be furnished to all bidders. A receipt of each addendum received by the bidder must be acknowledged. 1.02 CONDITIONS AT SITE OF WORK Bidders are expected to visit the site to ascertain pertinent local conditions such as the location, accessibility and characteristics of the site, labor conditions, and extent of the existing work within or adjacent thereto, and any other work being performed thereon. 1.03 PREPARATION OF BIDS (a) Bids shall be submitted on the forms furnished or copies thereof, and must be manually completed and signed in ink. If erasures or other changes appear on the forms, each such erasure or change must be initialed by the person signing the bid. (b) The bid schedules will provide for the quotation of a lump sum bid for price or as otherwise specified in the bid schedules. As required on the bid form, bidders must quote on all items. (c) The bidder shall specify all numbers in words and figures, for each required bid item total. All the words and figures shall be in ink or typed. In case of a discrepancy between the prices written in words and those written in figures, the prices written in words shall govern. (d) Telegraphic or facsimile bids or modifications will not be considered. (e) All bids or modifications shall be submitted as one original and two copies. 1.04 IRREGULAR BID PROPOSALS The City will consider a proposal to be irregular and may reject such a proposal as nonresponsive if: (a) the proposal is submitted on a non -approved form (or format, if computer generated), or is altered. INFORMATION TO BIDDERS Section 000100 Page 1 63 SECTION 000100 - INFORMATION TO BIDDERS (b) The proposal is not properly signed (c) Unauthorized additions, conditional or alternate bids, or other irregularities make the proposal incomplete, indefinite, or ambiguous. (d) The proposal lacks required bid escrow documentation or other required documentation. (e) The proposal fails to furnish properly executed proposal guarantee of the character and amount required. (f) An individual, firm, or corporation under the same or different name submits more than one proposal for the same work. (g) There is evidence of collusion among bidders. Collusion participants are not recognized as bidders for future work until they are re -qualified. (h) The proposal omits a unit and total price for any estimated pay item, except for authorized alternate bid items. (i) The proposal is materially unbalanced. Q) Mathematically unbalanced bids that are "front loaded" in which an advance payment condition would exist. (k) Other mathematically unbalanced bids may also be rejected when determined to be in the best interest of the City. (1) Bidder fails to sign the non -collusive bidding certification. (m) The proposals fails to meet any other material requirement of the invitation forbids. (n) Telegraphic or facsimile bids will not be considered. 1.05 BID SECURITY Bid shall be accompanied by a bid security in the form of an acceptable Bid Bond, or certified check, cashier's check or money order made payable to the City of Seward. The amount of the bid security is 5% of the total amount bid, not to exceed $50,000. (Additive bid items appearing on the bid schedule shall be included as part of the total amount bid when determining the amount of bid guaranty for the project). BID BONDS MUST BE ACCOMPANIED BY A LEGIBLE POWER OF ATTORNEY If the bidder fails to furnish an acceptable bid security with the bid, the bid shall be rejected as non- responsive. Telegraphic notification of execution of a Bid Bond does not meet the requirements of bid security accompanying the bid. No individual surety will be accepted in lieu of Bid Bond, Certified Check, Cashier's Check or Money Order. The bid securities of the two lowest bidders will be held by the City until the contract has been executed, after which such bid securities will be returned. All other bid securities will be returned as soon as practicable. If all bids are rejected, all bid securities will be returned as soon as practicable. 1.06 BIDDER'S QUALIFICATIONS The bidder is to include a statement of facts, in detail, as to its previous experience in performing comparable work, his business and technical organization, as outlined in the Statement of INFORMATION TO BIDDERS Section 000100 Page 2 64 SECTION 000100 - INFORMATION TO BIDDERS Qualifications, required with the Bid Section. The purpose of this information is to help establish that the bidder and its subcontractors are responsible and qualified to perform the work. 1.07 SUBMISSION OF BIDS All bids including any amendments or withdrawals must be received and time -stamped at the City of Seward prior to Bid Closing at 11 w00am on November 6th. 2020. Electronic or faxed bids or bid modifications will not be accepted. Bids shall be submitted on the forms furnished and must be in a sealed envelope marked as follows: BID FOR: CITY CLERK City of Seward P.O. BOX 167 Little League Field Project 410 ADAMS STREET SEWARD, ALASKA 99664 Bids, bid modifications, or withdrawals transmitted by mail must be received in the above specified post office box no later than 60 minutes prior to the scheduled time of Bid Closing. Hand -delivered bids, bid modifications or withdrawals must be received by the City Clerk at the above specified physical address prior to Bid Closing. 1.08 ADDENDA REQUIREMENTS The bid documents provide for acknowledgment individually of all addenda to the bidding documents on the signature page of the Bid. All addenda shall be acknowledged on the Bid or by telegram or facsimile prior to the scheduled time of bid opening. If no addenda are received by the bidder, the word "None" should be shown as specified. 1.09 RECEIPT AND OPENING OF BIDS (a) All bids, including any Amendment, must be received by the City prior to the schedule time of the applicable bid opening. Any bid, Amendment, or withdrawal which has not been actually received by the City prior to the time of the scheduled bid opening will not be considered. (b) No responsibility will be attached to any officer or employee of the City for the premature opening of, or failure to open, a bid improperly addressed or identified. (c) The City reserves the right to waive any technicality in bids received when such waiver is in the interest of the City. (d) Selection of the low bidder will be made as described in the Special Conditions, Paragraph 900.12. 1.10 WITHDRAWAL OF BIDS Bids may be withdrawn by written request received from the bidders prior to the time fixed for opening. Negligence on the part of the bidder in preparing the bid confers no right for the withdrawal of bid after it has been opened. 1.11 BIDDERS PRESENT At the time fixed for bid opening, each bid will be opened and be made public. 1.12 REJECTION OF BIDS The City reserves the right to reject any and all bids or not to award a contract when such rejection is in the best interest of the City; to reject the bid of a bidder who has previously failed to perform properly, or complete on time, contracts of similar nature; to reject the bid of a bidder who INFORMATION TO BIDDERS Section 000100 Page 3 65 SECTION 000100 - INFORMATION TO BIDDERS is not, in the opinion of the Contracting Officer, in a position to perform the contract; and to reject a bid as non -responsive where the bidder fails to furnish the required documents, fails to complete required documents in the manner directed, makes unauthorized alterations to the bid documents or is deemed non -responsive to performance criteria. The City reserves the right to reject any bids from a bidder found to be not responsible pursuant to SCC 6.10.135. 1.13 BIDDERS PREFERENCE (CITY CODE) Seward City Code 6.10.230 — Bid Award. The contract shall be let by the City Council to the lowest qualified responsive and responsible bidder; provided, that if the lowest bids are approximately equal, that is within the lesser of $5,000.00 or five percent of each other, preference may be given to local bidders who maintain and operate businesses within the boundaries of the Seward electrical utility service area. Local preference will be applied to the bid process except when specifically excluded within the request for bids. The city council may reject any or all bids and may waive minor irregularities in the bids. 1.14 AWARD OF CONTRACT (a) The City will provide the successful bidder a notice of intent to award a contract within 14 calendar days after the bid opening. However, the award of the contract is contingent upon approval of the Seward City Council, and if such approval is not granted the notice of intent to award becomes null and void. (b) The contract award is also contingent upon receiving all City, Borough, State and Federal permits. (c) Following approval of the City Council, the contract will be awarded to the successful bidder following receipt by the City of all required documents, properly executed within 14 calendar days following confirmation to the Contractor that the Council has approved the award. Failure to enter into a contract within the 14-day period shall be grounds for forfeiture of the bid security and consideration of the second low bid for award. 1.15 PAYMENT AND PERFORMANCE BONDS CONTRACTOR payment and performance bonds for the construction work are required. The successful bidder shall furnish these bonds using the forms either provided or approved by the City and in the amount of 100% of the total contract amount. Payment and Performance Bonds may be either of the following: (a) Corporate Surety. (Bonding Company) or, (b) Individual Surety. Adequacy of individual surety will be determined by the Contracting Officer. Where individual sureties are used, two individual sureties must each provide the City of Seward with security equal to the amount of each bond by use of an escrow account in the name of the City of Seward, Alaska, for the duration of the contract, and for 90 days after final acceptance and settlement of all outstanding claims. Acceptable securities should include, but not necessarily be limited to cash, treasury notes, bearer instruments having a specific value and money market certificates. Any costs incurred by the CONTRACTOR or individual surety shall be borne by the CONTRACTOR. An individual surety may be replaced by a Corporate Surety during the course of the contract period. If the surety desires to dispose of the collateral posted, the City may, at its option, accept substitute collateral. INFORMATION TO BIDDERS Section 000100 Page 4 66 SECTION 000100 - INFORMATION TO BIDDERS 1.16 REQUIRED INSURANCE The successful bidder must submit a certificate of insurance, showing the types of coverage and limits of each, to the City before award can be made. Insurance coverage must contain worker's compensation (AS 23.30.45) and any other policies specifically listed in the contract general conditions and/or modifications to the general conditions and/or supplementary conditions. The certificate of insurance must contain the stipulation that the City shall be given not less than 30 days written notice in the event of any material change, cancellation or expiration of the insurance coverage listed. 1.17 INTERPRETATION OF CONTRACT DOCUMENTS PRIOR TO BIDDING If any person submitting a bid is in doubt as to the true meaning of any part of the Bid Document, he may submit to the Project Manager a written request for interpretation thereof not later than 7 days before the bids are to be opened: (a) The person submitting the request shall be responsible for its prompt delivery. (b) Interpretation or correction of the Bid Document will be made only by Addendum, and will be mailed or delivered to each bidder of record. (c) The City will not be responsible for any other explanations or interpretations of the Bid Documents. 1.18 REGISTRATION The bidder and its subcontractor(s) must be properly licensed and registered in the State of Alaska to perform the work. A current business license is required from the State of Alaska and City of Seward, along with the Kenai Peninsula Borough Tax Compliance Certification. 1.19 TITLE 36 Provisions of Alaska Title 36, Public Contracts, Laborers' and Mechanics' Minimum Rates of Pay, AS 36.05.010 and AS 36.05.030 are applicable to this contract. Also, the provisions for hiring preferences under AS 36.10.150 — 36.10.175 apply to this contract. 1.20 LIQUIDATED DAMAGES Provisions for liquidated damages are set forth in the contract. 1.21 WORK PLAN Provisions for submittal of a Work Plan, if required, are set forth in the contract. 1.22 DBE REQUIREMENTS The bidder must comply with all local, State, and Federal laws. 1.23 EQUAL EMPLOYMENT OPPORTUNITY Bidders are required to provide Equal Employment Opportunity (EEO), not discriminating against employees or applicants because of race, religion, color, national origin, age, physical handicap, sex, and marital status, changes in marital status, pregnancy or parenthood. INFORMATION TO BIDDERS Section 000100 Page 5 67 SECTION 000200 — REQUIRED DOCUMENTS I. DOCUMENTS REQUIRED WITH BID A. In order to be considered a responsive and acceptable bid, the bidder must sign and submit the following documents: 1. Bid Form (one original, two copies) 2. Bid Schedule (one original, two copies) 3. Bid Bond 4. Any bid revision must be mailed or hand -delivered prior to bid opening on the following form: Bid Modification. 5. Statement of Qualifications II. DOCUMENTS REQUIRED FOR AWARD A. In order to be awarded the contract, the successful bid must be completely filled out and the following documents submitted within the time specified in the notice of intent to award letter. 1. Construction Contract 2. Payment Bond 3. Performance Bond 4. Certificate of Insurance 5. Kenai Peninsula Borough Tax Compliance Certification 6. Subcontractor List B. In addition to the above, the CONTRACTOR must have a current Alaska Contractor's license, a current Alaska Business License, and, if a corporation, must be registered in Alaska. The successful bidder must have, or obtain, a current City of Seward Business License 68 BID FORM City of Seward, Alaska City of Seward Little League Field Project COMPANY NAME: ADDRESS: In compliance with your Invitation for Bid dated , the Undersigned proposes to furnish and deliver all materials and do all the work and labor required in the construction of the above referenced project, located at or near , Alaska, according to the plans and specifications and for the amount and prices named herein as indicated on the Bid Schedule consisting of sheets, which is made part of this Bid. The undersigned declares that he has carefully examined the contract requirements and that he has made a personal examination of the site of the work; that he understands that the quantities, were such are specified in the Bid Schedule or on the plans for this project, are approximate only and subject to increase or decrease, and that he is willing to perform increased or decreased quantities of work at unit prices bid under the conditions set forth in the Contract Documents. The Undersigned hereby agrees to execute the said contract as directed or such further time as may be allowed in writing by the Contracting Officer after receiving notification of the acceptance of this bid, and it is hereby mutually understood and agreed that in case the Undersigned does not, the accompanying bid guarantee shall be forfeited to the Owner as liquidated damages, and the said Contracting Officer may proceed to award the contract to others. The Undersigned aggress to commence the work within 7 calendar days, and to complete the work on or before the Final Completion Date listed in the Special Provisions, Time of Completion, unless extended in writing by the Contracting Officer. The Undersigned acknowledges receipt of the following addenda to the Bid Documents (give number and date of each). ADDENDA NUMBER DATE ISSUED ADDENDA NUMBER DATE ISSUED The Undersigned has read the foregoing bid and hereby agrees to the conditions stated therein by affixing his signature below: Bidding Company: Signature: CONTRACTOR'S LICENSE NUMBER: BUSINESS ADDRESS: Title: EXPIRES: TELEPHONE: BID MODIFICATION City of Seward Little League Field Project Modification Number: Note: All revisions shall be made to the unadjusted bid amount(s) Changes to the adjusted bid amounts will be computed by the Owner or Owner's Representative. MAIL OR HAND -DELIVER ONLY. NO FAXED OR ELECTRONIC SUBMISSIONS WILL BE ACCEPTED. PAY ITEM NO. PAY ITEM DESCRIPTION REVISION TO UNIT BID PRICE +/- REVISION TO BID AMOUNT +/- TOTAL REVISION: $ Name of Bidding Firm Responsible Party Signature Date This form may be duplicated if additional pages are needed. Page of rig, CITY OF SEWARD, ALASKA BID SCHEDULE City of Seward Little League Field Project In accordance with the Contract Documents, Work furnished and constructed as described in the contract documents shall be paid by Lump Sum, in accordance with the General Conditions. Item No. Description Quantity Pay Unit Amount Bid US$ All 1 Base Bid: City of Seward Little League Required Lump Sum $ Field Project TOTAL (BASE BID + ADDITIVE ALTERNATE A) AMOUNT IN FIGURES: $ TOTAL (BASE BID + ADDITIVE ALTERNATE A) AMOUNT IN WORDS: COMPANY NAME: Signature: Date: Title r`i SECTION 000320 - BID BOND CITY OF SEWARD P.O. BOX 167 SEWARD, ALASKA 99664 BID BOND DATE BOND EXECUTED PRINCIPAL (Legal name and business address) TYPE OF ORGANIZATION [ ] Individual [ ] Partnership [ ] Joint Venture [ ] Corporation *************************************************************************************************************** SURETY(IES) (Name and business address) *************************************************************************************************************** *************************************************************************************************************** PENAL SUM OF BOND DATE OF BID *************************************************************************************************************** NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected any extension of the time within which the Owner may accept such Bid: and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. Principal (Seal) City of Seward Little League Field Project Surety BID BOND Section 000320 Page 1 r` SECTION 000360 - STATEMENT OF QUALIFICATIONS BIDDING & CONTRACT REQUIREMENTS This form will be the basis of establishing the qualifications of the Construction Team for undertaking a construction project for the City of Seward. This questionnaire forms a part of the bid and failure to submit is a basis for rejection of the bid. If space for answering questions is insufficient, attachments are permitted. 1. GENERAL a. Legal Name and Address of Bidding Organization: b. Name, title, and telephone number of Bidder's representative for project: C. Organization Status (Check One): Corporation, Partnership, or Individual d. If Organization is a Corporation: Date of Incorporation: State in which Incorporated: Principal Officers: Name: Title: Date Assumed Position 2. FINANCIAL a. Have you ever failed to complete a contract due to insufficient resources? Yes No If yes, explain: City of Seward Little League Field Project STATEMENT OF QUALIFICATIONS Section 000360 Page 1 73 SECTION 000360 - STATEMENT OF QUALIFICATIONS b. Describe any arrangements you have made to finance this work: 3. EQUIPMENT a. Describe in detail the equipment you have available for this work. ITEM QUAN. MAKE MODEL SIZE/ CAPACITY PRESENT MARKET VALUE b. What percent of the total value of this contract do you intend to subcontract? C. Do you understand that if you are awarded this contract, you may be required to use some or all of the equipment listed above on the work covered by this contract? C. Do you propose to purchase any equipment for use on this project? Yes No If yes, describe type, quantity, and approximate cost: d. Do you propose to rent any equipment for this work? Yes No If yes, describe type and quantity: e. Is your proposal based on firm offers for all materials necessary for this project? Yes No 4. EXPERIENCE a. Have you had previous construction contracts or subcontracts with the City of Seward? Yes No Describe the most recent or current contract, completion date, and scope of work: City of Seward Little League Field Project STATEMENT OF QUALIFICATIONS Section 000360 Page 2 74 SECTION 000360 - STATEMENT OF QUALIFICATIONS b. List, as an attachment to this questionnaire, other construction projects you have completed; the dates of completion, scope of work, and total contract amount, for each project completed in the past 12 months. 5. SUBCONTRACTORS/MATERIAL SUPPLIERS List below all Subcontractors and major material suppliers. This listing does not fulfill the requirements of paragraph 6.13.1 of the General Conditions of the Construction Contract, and award of a contract does not constitute approval of the Subcontractors. Name/address Subcontractor/Material Supplier 1. 2. 3. 4. 5. hereby certify that the above statements are true and complete. Dated at , this nature City of Seward Little League Field Project day of , 20 Name of Contractor Title of Person Signing Specialty STATEMENT OF QUALIFICATIONS Section 000360 Page 3 NO SECTION 000500 - CONTRACT CITY OF SEWARD, ALASKA Little Leaaue Field Proiect CONTRACT ("Contract"), between the City of Seward, Alaska, herein called the City, acting by and through its City Manager, and upon signing; this document shall serve as the notice to proceed, and Company Name Company Address (Street or PO Box, City, State, Zip) a/an Individual Partnership Joint Venture Sole Proprietorship Corporation ❑ ❑ ❑ ❑ ❑ incorporated under the laws of the State of its successors and assigns, herein called the Contractor, is effective the date of the signature of the City Manager on this document. The Contractor, for and in consideration of the payment or payments herein specified and agreed to by the City, hereby covenants and agrees to furnish and deliver all the materials and to do and perform all the work and labor required in the construction of the above -referenced project as bid by the Contractor, which bid and prices named, together with the Contract Documents (as hereinafter defined) are made a part of this Contract and accepted as such. It is distinctly understood and agreed that no claim for additional work or materials, done or furnished by the Contractor and not specifically herein provided for, will be allowed by the City, nor shall the Contractor do any work or furnish any material not covered by this Contract, unless such work or materials is ordered in writing by the City. In no event shall the City be liable for any materials furnished or used, or for any work or labor done, unless the materials, work, or labor are required by the Contract or on written order furnished by the City. Any such work or materials which may be done or furnished by the Contractor without written order first being given shall be at the Contractor's own risk, cost, and expense and the Contractor hereby covenants and agrees to make no claim for compensation for work or materials done or furnished without such written order. Notwithstanding the foregoing, payment under this Contract shall not exceed dollars ($ ) for all base items, additive alternates and additional work. The Contractor further covenants and agrees that all materials shall be furnished and delivered and all work and labor shall be done and performed, in every respect, to the satisfaction of the City, on or before: June 1st, 2021 or within calendar days following the date of notice to proceed. It is expressly understood and agreed that in case of the failure on the part of the Contractor, for any reason, except with the written consent of the City, to complete the furnishing and delivery of materials and the doing and performance of the work before the aforesaid date, the City shall have the right to deduct from any money due or which may become due the Contractor, or if no money shall be due, the City shall have the right to recover dollars ($ ) per day for each calendar day elapsing between the time stipulated for the completion and the actual date of completion in accordance with the terms hereof; such deduction to be made, or sum to be recovered, not as a penalty but as liquidated damages. Provided, however, that upon receipt of written notice from the Contractor of the existence of causes over which the Contractor has no control and which must delay furnishing of materials or the completion of the work, the Contracting Officer may, at his or her discretion, extend the period specified for the furnishing of materials or the completion of the work, and in such case the Contractor shall become liable for liquidated damages for delays commencing from the date on which the extended period expires. The bonds given by the Contractor in the sum of $ Payment Bond, and $ City of Seward Little League Field Project CONTRACT Section 000500 Page 1 0 SECTION 000500 - CONTRACT Performance Bond, to secure the proper compliance with the terms and provisions of this Contract, are submitted herewith and made a part hereof. The Contractor further covenants and agrees that the entire construction will be done under the administration of and to the complete satisfaction of the City subject to the inspection at all times and approval by any regulatory agency of the Local, State, or Federal Government of the United States of America, and in accordance with the laws of the State of Alaska and the City of Seward. For purposes of this Contract, Contracting Officer means Tyler Florence or any other person designated by the City Manager. The Contractor is an independent contractor and not an employee or agent of the City. Contract Documents shall have the meaning ascribed by the General Conditions of the Construction Contract, and include but are not limited to this Contract, the General Conditions of the Construction Contract, the Supplementary Conditions, and the following listed documents: (1) ; (2) IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and conditions. CONTRACTOR ompany ivame Signature of Authorized Company Representative Typed Name and Title ate CITY OF SEWARD nature of City Manager Typed Name Date City Clerk (ATTEST) City of Seward Little League Field Project CONTRACT Section 000500 Page 2 77 SECTION 000610 - PERFORMANCE BOND For: Project Name and Number KNOW ALL WHO SHALL SEE THESE PRESENTS: that and of of as Principal as Surety, are held and firmly bound unto the City of Seward, P.O. Box 167, Seward, Alaska 99664, as Owner, in the penal sum of $ in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successor, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a written construction contract with the Owner, dated the day . 20_, for the construction of the above -named project, said work to be done according to the terms of said contract. NOW, THEREFORE, if the Principal shall well and truly perform and complete all obligations and Work provided for in such contract, and any authorized extension or modification thereof, and reimburse upon demand of the Owner any sums paid which exceed the final payment due upon completion, then this obligation shall be void: otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder or the Specifications accompanying the same shall in any wise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications. IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of which shall be deemed an original, this day of 20-. PRINCIPAL: By: Address: SURETY By: Address: Note: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners must execute Bond. City of Seward Little League Field Project — D PERFORMANCE BOND 78 Section 610 Page 1 SECTION 000620 - PAYMENT BOND For: Project Name and Number KNOW ALL WHO SHALL SEE THESE PRESENTS: that and of of as Principal as Surety, are held and firmly bound unto the City of Seward, P.O. Box 167, Seward, Alaska 99664, as Owner, in the penal sum of $ in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successor, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a written construction contract with the Owner, dated the day . 20_, for the construction of the above -referenced project, said work to be done according to the terms of the contract. NOW, THEREFORE, the conditions of the foregoing obligation are such that if the said Principal shall comply with all requirements of law and pay, as they become due, all just claims for the labor performed and the materials and supplies furnished upon for the work under said contract, whether said labor be performed and said materials and supplies be furnished under the original contract, any subcontract, or any and all duly authorized modifications thereto, then these presents shall become null and void; otherwise they shall remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder or the Specifications accompanying the same shall in any wise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in counterparts, each one of which shall be deemed an original, this day of 20-. PRINCIPAL: By: Address: SURETY By: Address: Note: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners must execute Bond. City of Seward Little League Field Project PAYMENT BOND W, Section 620 Page 1 SECTION 000630 - TAX COMPLIANCE CERTIFICATION Kenai Peninsula Borough Tax Compliance Certification Form City of Seward Little League Field Project - D TAX COMPLIANCE CERTIFICATION Section 630 Page 1 80 Kenai Peninsula Borough 144 N. Binkley N6 Soldotna, Alaska 99669-7599 BUSINESS: (907) 714-2197 or (907) 714-2175 FAX: (907) 714-2376 TAX COMPLIANCE CERTIFICATION FILL IN ALL INFORMATION REQUESTED, SIGN AND DATE, AND SUBMIT WITH BID OR PROPOSAL Reason for Certificate: For (Dept.): Date Rec'd by Finance: Business Name: Owner Name(s): a. Individual Business Mailing Address: b. Corporation Telephone: Fax: c. Partnership E-mail: d. Other As a business or individual, have you ever conducted business or owned real or personal property within the Kenai Peninsula Borough? Yes_No (If yes, please supply the following account numbers and sign below. If no, please sign below.) Kenai Peninsula Borough Code of Ordinances, Chapter 5.28.140, requires that businesses/individuals contracting to do business with the Kenai Peninsula Borough be in compliance with Borough tax provisions. No contract will be awarded to any individual or business who is found to be in violation of the Borough Code of Ordinances in the several areas of taxation. REAUPERSONAUBUSINESS PROPERTY ACCOUNTS Number Account Name Kenai Peninsula Borough Finance Dept (Signature Required) SALES TAX ACCOUNTS Number Account Name Kenai Peninsula Borough Sales Tax (Signature Required) I, the (Name of Applicant) (Title) information is correctas of (Date) TAX ACCOUNTS/STATUS (TO BE COMPLETED BY BOROUGH PERSONNEL) YEAR LAST PAID BALANCE DUE IN COMPLIANCE YES NO uate TAX ACCOUNTS/STATUS (TO BE COMPLETED BY BOROUGH PERSONNEL) FILED THRU M/F's BALANCE DUE IN COMPLIANCE YES NO Date , hereby certify that, to the best of my knowledge, the above (Signature of Applicant -Required) *" "IF ANY BUSINESS IS CONDUCTED OR IS AWARDED A BID WITHIN THE KENAI PENINSULA BOROUGH YOU MUST BE REGISTERED TO COLLECT SALES TAX. THE SALES TAX DEPARTMENT CAN BE REACHED AT (907) 714-2175. 81 Revised 1/4/11 SECTION 000640 - CITY BUSINESS LICENSE APPLICATION City of Seward Business License Application Form City of Seward Little League Field Project - D CITY BUSINESS LICENSE APPLICATION Section 000640 Page 1 82 CITY BUSINESS LICENSE APPLICATION City of Seward City Clerk P.O. Box 167 410 Adams Street Seward, AK 99664 Telephone: 907-224-4046 Fax: 907-224-4038 < Payment in the amount of $30 (Non-refundable annual fee) < Copy of State Business License or No. < Copy of Borough Sales Tax Registration Card or Registration No. < Copy of any required Occupational Licenses or No. Your city business license will be issued within one week of the date the City Clerkhas verified the above and has received proof that all of your tax and other accounts with the City and the Kenai Peninsula Borough are current. Annual renewals are due January 31 & Seasonal (May 1-Sept. 30) are due May 1st If your business license application is submitted between January 1 and September 30, your license will be issued for the remainder of that calendar year. If your application is submitted between October 1 and December 31, the license will be issued for the remaining period of the year in which you applied and for all of the following calendar year. This does not apply to renewals. Legal Name of Business Entity: Mailing Address for LICENSE & RENEWAL: City: State: Zip: Telephone: Cell: Email Addresses: Please Describe Your Business Activity and how it will be conducted: Physical Business Location in Seward: ate: Category: ❑Retail ❑Tour Operator ❑Transportation ❑Communication Services ❑Professional Services ❑Charter ❑Automotive ❑Construction ❑Childcare ❑B&B/Nightly ❑ Monthly rental/lodging ❑Engineering ❑Educational ❑Fourth of July Vendor ❑Craft Shows/Special Events ❑Other Owner Name(s): Contact Names Please note Zoning Limitations: A business license does not authorize the holder to conduct business in violation of any zoning ordinance. If the applicant ceases to engage in business or change its name, nature or business location, the business license expires. You must provide a physical business location. (A post office box or mail drop is not a physical business location.) CORPORATE OFFICERS Presiden Vice President Secretary: FOR OFFICE USE ONLY Notice Sent: Accts. Verified: Zoning District: Use Allowed? Note: Received (date &initials): AsApplicant, I , certify or declare under penalty of perjury under the laws of the State of Alaska that the foregoing is true and correct. Signature Printed Name Title 83 Date SUBCONTRACTOR LIST Project Name and Number The apparent low bidder shall complete this form and submit it so as to be received by the Contracting Officer prior to the close of business on the fifth working day after receipt of notice from the Owner. Failure to submit this form with all required information by the due date will result in the bidder being declared nonresponsive and may result in the forfeiture of the Bid Security. Scope of work must be clearly defined. If an item of work is to be performed by more than one firm, indicate the portion or percent of work to be done by each. Check as applicable: [ ] All Work on the above -referenced project will be accomplished without subcontracts greater than ''/z of 1% of the contractamount. or [ ] Subcontractor List is as follows: LIST FIRST TIER SUBCONTRACTORS ONLY FIRM NAME, ADDRESS, PHONE NO. AK BUSINESS LICENSE NO., CONTRACTOR'S REGISTRATION NO. SCOPE OF WORK TO BE PERFORMED CONTINUE SUBCONTRACTOR INFORMATION ON REVERSE I hereby certify the listed Alaska Business licenses and Contractor's registrations were valid at the time bids were opened for this project. Signature of Authorized Company Representative Title Company Name Date Company Address (Street or PO Box, City, State, Zip) Phone Number Form 25D-5 (10/09) 84 Page 1 of 2 Form 25D-5 (10/09) 85 Page 2 of 2 SECTION 000700 - GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF SEWARD, ALASKA ARTICLE I - DEFINITIONS......................................................................... ARTICLE 2 - AUTHORITIES & LIMITATIONS ........................................... 2.1 Authorities and Limitations......................................................... 2.2 Evaluations by Contracting Officer ............................................ 2.3 Means & Methods...................................................................... 2.4 Visits to the Site/Place of Business ........................................... ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.1 Incomplete Contract Documents ............................................... 3.2 Copies of Contract Documents .................................................. 3.3 Scope of Work........................................................................... 3.4 Intent of Contract Documents .................................................... 3.5 Discrepancy in Contract Documents ......................................... 3.6 Clarifications and Interpretations............................................... 3.7 Reuse of Documents................................................................. ARTICLE 4 - LANDS AND PHYSICAL CONDITIONS ................................ 4.1 Availability of Lands................................................................... 4.2 Visit to Site................................................................................. 4.3 Explorations and Reports.......................................................... 4.4 Utilities....................................................................................... 4.5 Damaged Utilities....................................................................... 4.6 Utilities Not Shown or Indicated ................................................. ARTICLE 5 - BONDS,. INSURANCE, AND INDEMNIFICATION ............... 5.1 Delivery of Bonds....................................................................... 5.2 Bonds......................................................................................... 5.3 Replacement of Bond and Surety .............................................. 5.4 Insurance Requirements............................................................ 5.5 Indemnification........................................................................... ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES ................................ 6.1 Supervision of Work................................................................... 6.2 Superintendence by CONTRACTOR ........................................ 6.3 Character of Workers................................................................. 6.4 CONTRACTOR to Furnish........................................................ 6.5 Materials and Equipment........................................................... 6.6 Anticipated Schedules............................................................... 6.7 Finalizing Schedules.................................................................. 6.8 Adjusting Schedules.................................................................. 6.9 Substitutes or "Or Equal" Items ................................................. 6.10 Substitute Means and Methods ................................................. 6.11 Evaluation of Substitution.......................................................... 6.12 Dividing the Work....................................................................... 6.13 Subcontractors........................................................................... 6.14 Use of Premises......................................................................... 6.15 Structural Loading...................................................................... 6.16 Record Documents.................................................................... 6.17 Safety and Protection................................................................ 6.18 Safety Representative............................................................... 6.19 Emergencies.............................................................................. 6.20 Shop Drawings and Samples: ................................................... 6.21 Shop Drawing and Sample Review ........................................... 6.22 Maintenance During Construction ............................................. 6.23 Continuing the Work.................................................................. 6.24 Consent to Assignment.............................................................. 6.25 Use of Explosives...................................................................... City of Seward Little League Field Project .. 4 ..7 .. 7 .. 8 .. 8 ..8 .. 8 .. 8 .. 8 .. 9 .. 9 ..9 10 10 10 10 10 10 10 11 11 12 12 12 12 13 14 14 14 15 15 15 15 15 16 16 16 17 17 17 17 18 18 18 18 19 19 19 20 20 20 21 21 GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 1 SECTION 000700 - GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 6.26 CONTRACTOR'S Records.......................................................... ARTICLE 7 - LAWS AND REGULATIONS................................................... 7.1 Laws to be Observed................................................................... 7.2 Permits, Licenses, and Taxes ...................................................... 7.3 Patented Devices, Materials and Processes ............................... 7.4 Compliance of Specifications and Drawings ............................... 7.5 Accident Prevention..................................................................... 7.6 Sanitary Provisions...................................................................... 7.7 Business Registration.................................................................. 7.8 Professional Registration and Certification .................................. 7.9 Local Building Codes................................................................... 7.10 Air Quality Control........................................................................ 7.11 Archaeological or Paleontological Discoveries ............................ 7.12 Alaska Agricultural Products........................................................ 7.13 Preferential Employment............................................................. 7.14 Wages and Hours of Labor.......................................................... 7.15 Overtime Work Hours and Compensation ................................... 7.16 Covenant Against Contingent Fees ............................................. 7.17 Officials Not To Benefit................................................................ 7.18 Personal Liability of Public Officials ............................................. ARTICLE 8 - OTHER WORK........................................................................ 8.1 Related Work At Site.................................................................... 8.2 Access, Cutting, and Patching ..................................................... 8.3 Defective Work By Others........................................................... 8.4 Coordination................................................................................ ARTICLE 9 - CHANGES............................................................................... 9.1 CITY'S Right To Change............................................................. 9.2 Authorization of Changes within the General Scope ................... 9.3 Directive....................................................................................... 9.4 Change Order.............................................................................. 9.5 Shop Drawing Variations............................................................. 9.6 Changes Outside the General Scope; Supplemental Agreement 9.7 Unauthorized Work...................................................................... 9.8 Notification of Surety.................................................................... 9.9 Differing Site Conditions.............................................................. ARTICLE 10 - CONTRACT PRICE; COMPUTATION AND CHANGE......... 10.1 Contract Price.............................................................................. 10.2 Claim For Price Change.............................................................. 10.3 Change Order Price Determination ............................................. 10.4 Cost of the Work.......................................................................... 10.5 Excluded Costs............................................................................ 10.6 CONTRACTOR's Fee.................................................................. 10.7 Cost Breakdown.......................................................................... 10.8 Cash Allowances......................................................................... 10.9 Unit Price Work............................................................................ 10.10 Determinations for Unit Prices .................................................. ARTICLE 11 - CONTRACT TIME; COMPUTATION AND CHANGE ............ 11.1 Commencement of Contract Time ................................................ 11.2 Starting the Work.......................................................................... 11.3 Computation of Contract Time ...................................................... 11.4 Time Change................................................................................ 11.5 Extension Due to Delays............................................................. 11.6 Essence of Contract.................................................................... 11.7 Reasonable Completion Time: .................................................... 11.8 Delay Damages........................................................................... ARTICLE 12 -QUALITY ASSURANCE......................................................... City of Seward Little League Field Project 21 21 21 21 22 22 22 22 22 22 23 23 23 23 23 23 24 24 24 24 24 24 25 25 25 25 25 26 26 26 27 27 27 27 27 28 28 28 28 28 30 30 31 31 31 32 32 32 32 32 32 32 33 33 33 33 GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 2 87 SECTION 000700 - GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 12.1 Warranty and Guaranty.............................................................................................................33 12.2 Access to Work..........................................................................................................................34 12.3 Tests and Inspections................................................................................................................34 12.4 Uncovering Work....................................................................................................................... 34 12.5 CITY May Stop the Work........................................................................................................... 34 12.6 Correction or Removal of Defective...........................................................................................35 12.7 One Year Correction Period...................................................................................................... 35 12.8 Acceptance of Defective Work...................................................................................................35 12.9 CITY May Correct Defective Work.............................................................................................35 ARTICLE 13 - PAYMENTS TO CONTRACTOR AND COMPLETION.......................................................36 13.1 Schedule of Values....................................................................................................................36 13.2 Preliminary Payments................................................................................................................36 13.3 Application For Progress Payment............................................................................................ 36 13.4 Review of Application for Progress Payment............................................................................ 36 13.5 Stored Materials and Equipment...............................................................................................36 13.6 CONTRACTOR's Warranty of Title........................................................................................... 37 13.7 Withholding of Payments: .......................................................................................................... 37 13.8 Retainage...................................................................................................................................37 13.9 Request for Release of Funds...................................................................................................37 13.10 Substantial Completion.............................................................................................................. 38 13.11 Access Following Substantial Completion................................................................................. 38 13.12 Final Inspection..........................................................................................................................38 13.13 Final Completion and Application for Payment..........................................................................38 13.14 Final Payment............................................................................................................................38 13.15 Final Acceptance....................................................................................................................... 39 13.16 CONTRACTOR's Continuing Obligation................................................................................... 39 13.17 Waiver of Claims by CONTRACTOR........................................................................................ 39 13.18 No Waiver of Legal Rights.........................................................................................................39 ARTICLE 14 - SUSPENSION OF WORK, DEFAULT AND TERMINATION ............................................. 39 14.1 CITY May Suspend Work.......................................................................................................... 39 14.2 Default of Contract.....................................................................................................................40 14.3 Rights or Remedies...................................................................................................................41 14.4 Convenience Termination..........................................................................................................41 ARTICLE 15 - CLAIMS AND DISPUTES.................................................................................................... 43 15.1 Notification................................................................................................................................. 43 15.2 Presenting Claim........................................................................................................................43 15.3 Claim Validity, Additional Information, and Project Manager's Actions.....................................44 15.4 Contracting Officer's Decision...................................................................................................44 15.5 Notice of Appeal........................................................................................................................ 44 15.6 City Manager's Decision............................................................................................................44 ACKNOWLEDGMENT This document is adapted for City of Seward use from "The State of Alaska, General Conditions of the Construction Contract for Buildings" which is based on the "Standard General Conditions of the Construction Contract" as published by the National Society of Professional Engineers (document number 1910-8, 1983 edition) on behalf of the Engineers Joint Construction Documents Committee. Portions of the NSPE General Conditions are reprinted herein by the express permission of NSPE to the State of Alaska. Modifications to the NSPE text are made to provide for State laws, regulations, and established procedures. The granting of permission by NSPE to allow the State of Alaska to reprint portions of the NSPE document 1910-8, 1983 edition does not constitute approval of the State of Alaska General Conditions of the Construction Contract for Buildings. City of Seward Little League Field Project GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 3 88 SECTION 000700 - GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT ARTICLE I - DEFINITIONS Wherever used in the Contract Documents the following terms, or pronouns in place of them, are used, the intent or meaning, unless a different intent or meaning is clearly indicated, shall be interpreted as set forth below. The titles and headings of the Sections, Subsections and Articles herein are intended for convenience of reference and shall not be considered as having bearing on their interpretation. Whenever used in the Specifications or other Contract Documents the following terms have the meaning indicated which are applicable to both the singular and plural thereof. Working titles which have a masculine gender, are intended to refer to person of either sex. Terms not defined below shall have their ordinary accepted meanings within the context which they are used. "Webster's Third New International Dictionary of the English Language, Unabridged, Copyright 1961," or subsequent revision thereof shall provide ordinarily accepted meanings. Words which have a well-known technical or trade meaning when used to describe work, materials or equipment shall be interpreted in accordance with such meaning. Words defined in Article 1 are capitalized throughout these General Conditions. Addenda - All clarifications, corrections, or changes issued graphically or in writing by the CITY after the advertisement but prior to the opening of proposals. Advertisement - The public announcement, as required by law, inviting bids for work to be performed or materials to be furnished. Application for Payment - The form provided by the CITY which is to be used by the CONTRACTOR in requesting progress or final payments and which is to include such supporting documentation as is required by the Contract Documents. Approved or Approval - Means written approval by the Contracting Officer or his authorized representative as defined in Article 2.1. A.S. - Initials which stand for Alaska Statute. Award - The acceptance, by the City, of the successful bid. Bid Bond - A type of Proposal Guaranty. Bidder - Any individual, firm, corporation or any acceptable combination thereof, or joint venture submitting a bid for the advertised Work. Calendar Day - Every day shown on the calendar, beginning and ending at midnight. Change Order - A written order by the CITY directing changes to the Contract Documents, within their general scope. CITY - The City of Seward. References to "Owner," and "Contracting Agency," mean the CITY. Conditions of the Contract - Those portions of the Contract Documents which define the rights and responsibilities of the contracting parties and of others involved in the Work. The Conditions of the Contract include General Conditions, Supplementary Conditions and other conditions. City of Seward Little League Field Project GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 4 89 SECTION 000700 - GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Consultant - The person, firm, or corporation retained directly by the CITY or its Project Manager to prepare Contract Documents, perform construction administration services, or other Project related services. Contract - The written agreement between the CITY and the CONTRACTOR setting forth the obligations of the parties and covering the Work to be performed, all as required by the Contractor Documents. Contract Documents - The Contract form, Addenda, the bidding requirements and CONTRACTOR'S bid (including all appropriate bid tender forms), the bonds, the Conditions of the Contract and all other Contract requirements, the Specifications, and the Drawings furnished by the CITY to the CONTRACTOR, together with all Change Orders and documents approved by the Contracting Officer for inclusion, modifications and supplements issued on or after the Effective Date of the Contract Contracting Officer - The person authorized by the City of Seward to enter into and administer the Contract on behalf of the CITY. He has authority to make findings, determinations and decisions with respect to the Contract and, when necessary, to modify or terminate the Contract. The Contracting Officer is identified on the construction Contract. Contractor - The individual, firm, corporation or any acceptable combination thereof, contracting with the CITY or performance of the WORK. Contract Price - The total moneys payable by the CITY to the CONTRACTOR under the terms of the Contract Documents. Contract Time - The number of Calendar Days or the day specified in the construction Contract and authorized time extensions which identify how much time the CONTRACTOR is allowed to achieve Final Completion. Defective - An adjective which refers to WORK that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, tests or approval referred to in the Contract Documents, or has been damaged prior to the CITY's approval of final payment. Directive - A written communication to the CONTRACTOR from the Contracting Officer interpreting or enforcing a Contract requirement or ordering commencement of an item of work. Drawings - The drawings which show the character and scope of the Work to be performed and which have furnished the CITY or the DEPARTMENT's Consultant and are by reference made a part of the Contract Documents. Effective Date of the Contract - The date on which the Contract is fully executed by both CONTRACTORS and the CITY. Final Acceptance — The CITY's written acceptance of the Work following Final Completion and the performance of all Contract requirements by the Contractor. Final Completion - The Work (or specified part thereof) has progressed to the point that all work is complete as determined by the Contracting Officer. General Requirements - Sections of Division 1 of the Specifications which contain administrative and procedural requirements as well as requirements for temporary facilities which apply to Specification Divisions 2 through 16. Holidays - In the City of Seward, Holidays occur on New Years Day - January 1 City of Seward Little League Field Project 2. President's Day - Third Monday in February GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 5 OIL SECTION 000700 - GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 3. Seward's Day - Last Monday in March 4. Memorial Day - Last Monday in May 5. Independence Day - July 4 6. Labor Day - First Monday in September 7. Alaska Day - October 18 8. Veteran's Day - November 11 9. Thanksgiving Day - Fourth Thursday in November 10. Friday Following Thanksgiving Day- Fourth Friday in November 11. Christmas Eve - December 24 Half Day 12. Christmas Day - December 25 13. Every day designated by public proclamation by the Seward City Council. If any Holiday listed above falls on a Saturday, Saturday and the preceding Friday are both legal Holidays. If the Holiday should fall on a Sunday, Sunday and the following Monday are both legal Holidays. Install - Means to build into the Work, ready to be used in complete and operable condition and in compliance with Contract Documents. Invitation for Bids - A portion of the bidding documents soliciting bids for the Work to be performed Notice of Intent to Award - The written notice by the CITY to all Bidders identifying the apparent successful Bidder and establishing the CITY's intent to execute the Contract when all conditions required for execution of the Contract are met. Notice to Proceed - A written notice to the CONTRACTOR to begin the Work and establishing the date on which the Contract Time begins. Payment Bond - The security furnished by the CONTRACTOR and his Surety to guarantee payment of the debts covered by the bond. Performance Bond - The security furnished by the CONTRACTOR and his Surety to guarantee performance and completion of the Work in accordance with the Contract. Project - The total construction, of which the Work performed under the Contract Documents is the whole or a part, where such total construction may be performed by more than one CONTRACTOR. Project Manager - The authorized representative of the Contracting Officer who is responsible for administration of the Contract. Proposal - The offer of a Bidder, on the prescribed form to perform the Work at the prices quoted. Proposal Guaranty - The security furnished with a Proposal to guarantee that the bidder will enter into a Contract if his Proposal is accepted by the CITY. Regulatory Requirements - Laws, rules, regulations, ordinances, codes and/or orders. Schedule of Values - The CITY's document, submitted by the CONTRACTOR and reviewed by the Contracting Officer, which shall serve as the basis for computing payment and for establishing the value of separate items of Work of which comprise the Contract Price. Shop Drawings - All drawings, diagrams, illustrations, schedules and other data which are specially prepared by or for the CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance chart, instructions, diagrams and other information prepared by a Supplier and submitted by the CONTRACTOR to illustrate material, equipment, fabrication, or erection for some portion of the WORK. Specifications - Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative and procedural details applicable thereto. City of Seward Little League Field Project GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 6 91 SECTION 000700 - GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Subcontractor - An individual, firm, or corporation to whom the CONTRACTOR or any other Subcontractor sublets part of the Contract. Substantial Completion - Although not fully completed, the Work (or a specified part thereof) has progressed to the point where, in the opinion of CITY as evidenced by the CITY's written notice, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended. The terms "Substantially Complete" and "Substantially Completed" as applied to any work refer to Substantial Completion thereof. Supplemental Agreement - A written agreement between the CONTRACTOR and the CITY covering work that is not within the general scope of the Contract. Supplementary Conditions - The part of the Contract Documents which amends or supplements these General Conditions. Supplier - A manufacturer, fabricator, distributor, materialman or vendor of materials or equipment. Surety - The corporation, partnership, or individual, other than the CONTRACTOR, executing a bond furnished by the CONTRACTOR. Unit Price Work - Work to be paid for on the basis of unit prices. Using Agency - The entity who will occupy or use the completed Work. Work - Work is the act of, and the result of, performing services, furnishing labor, furnishing and incorporating materials and equipment into the Project and performing other duties and obligations, all as required by the Contract Documents. Such Work, however, incremental, will culminate in the entire completed Project, or the various separately identifiable parts thereof. ARTICLE 2 - AUTHORITIES & LIMITATIONS. 2.1 Authorities and Limitations: 2.1.1 The Contracting Officer alone shall have the power to bind the CITY and to exercise the rights, responsibilities, authorities and functions vested in the Contracting Officer by the Contract Documents, except that the Contracting Officer shall have the right to designate in writing authorized representatives to act for him. Wherever any provision of the Contract Documents specifies an individual or organization, whether governmental or private, to perform any act on behalf of or in the interests of the CITY that individual or organization shall be deemed to be the Contracting Officer's authorized representative under this Contract but only to the extent so specified. The Contracting Officer may, at any time during the performance of this Contract, vest in any such authorized representatives additional power and authority to act for the Contracting Officer or designate additional representatives, specifying the extent of their authority to act for the Contracting Officer; a copy of each document vesting additional authority in or removing that authority from an authorized representative or designating an additional authorized representative shall be furnished to the CONTRACTOR. The City Manager reserves the right to appoint a new Contracting Officer without affecting any of the CONTRACTOR's obligations to the CITY under this Contract. 2.1.2. The Contractor shall perform the Work in accordance with any written order (including -but not limited to instruction, direction, interpretation or determination issued by an authorized representative in accordance with the authorized representative's authority to act for the Contracting Officer. The CONTRACTOR assumes all the risk and consequences of performing the Work in accordance with any order including but not limited to instruction, direction, interpretation or determination) of anyone not authorized to issue such order, and of any order not in writing. City of Seward Little League Field Project GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 7 92 SECTION 000700 - GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 2.1.3 Should the Contracting Officer or his authorized representative designate Consultant(s) to act for the CITY as provided for in Paragraph 2.1.1, the performance or nonperformance of the Consultant under such authority to act, shall not give rise to any contractual obligation or duty of the Consultant to the CONTRACTOR, any Subcontractor, any Supplier, or any other organization performing any of the Work or any Surety representing them. 2.1.4 The term "Contracting Officer" when used in the text of these General Conditions or other Contract Documents following this section shall also mean any duly authorized representative of the Contracting Officer when authorized in accordance with Paragraph 2.1.1. 2.2 Evaluations by Contracting Officer: 2.2.1 The Contracting Officer will decide all questions which may arise as to; a. Quality and acceptability of materials furnished; b. Quality and acceptability of Work performed; C. Compliance with the schedule -of progress; d. Interpretation of Contract Documents; e. Acceptable fulfillment of the Contract on the part of the CONTRACTOR. 2.2.2 In order to avoid cumbersome terms and confusing repetition of expressions in the Contract Documents the terms "as required," "as approved" or terms of like effect or import are used, or the adjectives "reasonable," "suitable," "acceptable," "proper" or "satisfactory" or adjectives of like effect or import are used it shall be understood as if the expression were followed by the words "the Contracting Officer." When such terms are used to describe a requirement, direction, review or judgment of the Contracting Officer as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). 2.2.3 The use of any such term or adjective shall not be effective to assign to the CITY any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraphs 2.3 or 2.4. 2.3 Means & Methods: The means, methods, techniques, sequences or procedures of construction, or safety precautions and the program incident thereto, and the failure to perform or furnish the Work in accordance with the Contract Documents are the sole responsibility of the CONTRACTOR. 2.4 Visits to the Site/Place of Business: The Contracting Officer will make visits to the site and approved remote storage sites at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. Such observations or the lack of such observations shall in no way relieve the CONTRACTOR from his duty to perform the Work it accordance with the Contract Documents. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.1 Incomplete Contract Documents: The submission of a bid by the Bidder is considered a representation that the Bidder examined the Contract Documents to make certain that all sheets and pages were provided and that the Bidder is satisfied as to the conditions to be encountered in performing the Work. The CITY expressly denies any responsibility or liability for a bid submitted on the basis of an incomplete set of Contract Documents. 3.2 Copies of Contract Documents City of Seward Little League Field Project GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 8 93 SECTION 000700 - GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT The CITY shall furnish to the CONTRACTOR up to ten copies of the Contract Documents. Additional copies will be furnished, upon request, at the cost of reproduction. 3.3 Scope of Work: The Contract Documents comprise the entire Contract between the CITY and the CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the Regulatory Requirements of the place of the Project. It is specifically agreed between the parties executing this Contract that it is not intended by any of the provisions of the Contract to create in the public or any member thereof a third -party benefit, or to authorize anyone not a party to this Contract to maintain a suit pursuant to the terms or provisions of the Contract. 3.4 Intent of Contract Documents 3.4.1 It is the intent of the Contract Documents to describe a functionally complete Project to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied, without any adjustment in Contract Price or Contract Time, whether or not specifically called for. 3.4.2 Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the Regulatory Requirements of any governmental authority, whether such reference be specific or by implication, shall mean the edition stated in the Contract Documents or if not stated the latest standard specification, manual, code or Regulatory Requirements in effect at the time of Advertisement for the Project (or, on the Effective Date of the Contract if there was no Advertisement). However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of the CITY and the CONTRACTOR, or any of their consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to the CITY or any of the CITY's Consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraphs 2.3 or 2.4. 3.5 Discrepancy in Contract Documents: 3.5.1. Before undertaking the Work, the CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures, and dimensions the an thereon and all applicable field measurements. Work in the area by the CONTRACTOR shall imply verification of figures, dimensions and field measurements. If, during the above study or during the performance of the Work, the Contractor finds a conflict, error, discrepancy or omission in the Contract Documents and any standard specification, manual, code, or Regulator Requirement which affects the Work, the 3.5.1 CONTRACTOR shall promptly report such discrepancy in writing to the Contracting Officer. The CONTRACTOR shall obtain a written interpretation or clarification from the Contracting Officer before proceeding with any Work affected thereby. Any adjustment made by the CONTRACTOR without this determination shall be at his own risk and expense. However, the CONTRACTOR shall not be liable to the CITY for failure to report any conflict, error or discrepancy in the Contract Documents unless the CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. 3.5.2 Discrepancy - Order of Precedence: When conflicts, errors, or discrepancies within the Contract Documents exist, the order precedence from most governing to least governing will be as follows: City of Seward Little League Field Project GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 9 94 SECTION 000700 - GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Contents of Addenda Supplementary Conditions General Conditions General Requirements Technical Specifications Structure/Staking Data Sheets Drawings (recorded dimensions will govern over scaled dimensions, large scale details over small scale, schedules over plans, architectural drawings over structural drawings over mechanical and electrical drawings) 3.6 Clarifications and Interpretations: The Contracting Officer will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents as the Contracting Officer may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. 3.7 Reuse of Documents Neither the CONTRACTOR nor any Subcontractor, or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with the CITY shall have or acquire any title to or ownership rights in any of the Contract Documents on extensions of the Project or any other project without written consent of the Contracting Officer. Contract Documents prepared by the CONTRACTOR in connection with the Work shall become the property of the CITY. _l01[a]I; I EAlsA_1►19>Ly_1►197Z!:IF,M16L1SK67►19111M04 4.1 Availability of Lands: The CITY shall furnish as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for use of the CONTRACTOR in connection with the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the CITY, unless otherwise provided in the Contract Documents. The CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2 Visit to Site The submission of a bid by the CONTRACTOR is considered a representation that the CONTRACTOR has visited and carefully examined the site and is satisfied as to the conditions to be encountered in performing the Work and as to the requirements of the Contract Documents. 4.3 Explorations and Reports: Reference is made to the Supplementary Conditions for identification of those reports of explorations and tests of subsurface conditions at the site that have been utilized by the CITY in preparation of the Contract Documents. The CONTRACTOR may for his purposes rely upon the accuracy of the factual data contained in such reports, but not upon interpretations or opinions drawn from such factual data contained therein or for the completeness or sufficiency thereof. Except as indicated in the immediately preceding sentence and in paragraphs 4.4 and 9.9, CONTRACTOR shall have full responsibility with respect to surface and subsurface conditions at the site. !A�IIilmM! City of Seward Little League Field Project GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 10 95 SECTION 000700 - GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 4.4.1 The horizontal and vertical locations of known underground utilities as shown or indicated by the Contract Documents are approximate and are based on information and data furnished to the CITY by the owners of such underground utilities. 4.4.2 The CONTRACTOR shall have full responsibility for: a. Reviewing and checking all information and data concerning utilities. b. Locating all underground utilities shown or indicated in the Contract Documents which are affected by the Work. C. Coordination of the Work with the owners of all utilities during construction. d. Safety and protection of all utilities as provided in paragraph 6.17. e. Repair of any damage to utilities resulting from the Work in accordance with 4.4.4 and 4.5. 4.4.3 If Work is to be performed by any utility owner, the CONTRACTOR shall cooperate with such owners to facilitate the Work. 4.4.4 In the event of interruption to any utility service as a result of accidental breakage or as result of being exposed or unsupported, the CONTRACTOR shall promptly notify the utility owner and the Contracting Officer. If service is interrupted, repair work shall be continuous until the service is restored. No Work shall be undertaken around fire hydrants until provisions for continued service has been approved by the local fire authority. 4.5 Damaged Utilities: When utilities are damaged by the CONTRACTOR, the utility owner shall have the choice of repairing the utility or having the CONTRACTOR repair the utility. In the following circumstances, the CONTRACTOR shall reimburse the utility owner for repair costs or provide at no cost to the utility owner or the CITY, all materials, equipment and labor necessary to complete repair of the damage: a. When the utility is shown or indicated in the Contract Documents. b. When the utility has been located by the utility owner. C. When no locate was requested by the Contractor for utilities shown or indicated in the Contract Documents. d. All visible utilities. e. When the CONTRACTOR could have, otherwise, reasonably been expected to be aware of such utility. 4.6 Utilities Not Shown or Indicated: If, while directly performing the Work, an underground utility is uncovered or revealed at the site which was not shown or indicated in the Contract Documents and which the CONTRACTOR could not reasonably have been expected to be aware of, the CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work affected thereby (except in an emergency as permitted by paragraph 6.19) identify the owner of such underground utility and give written notice thereof to that owner and to the Contracting Officer. The Contracting Officer will promptly review the underground utility to determine the extent to which the Contract Documents and the Work should be modified to reflect the impacts of the discovered utility. The Contract Documents will be amended or supplemented in accordance with paragraph 9.2 and to the extent necessary through the issuance of a change document by the Contracting Officer. During such time, the CONTRACTOR shall be responsible for the safety and protection of such underground utility as provided in paragraph 6.17. The CONTRACTOR may be allowed an increase in the Contract Price or an extension of the Contract Time, or both, to the extent that they are directly attributable to the existence of any underground utility that was not shown or indicated in City of Seward Little League Field Project GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 11 96 SECTION 000700 - GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT the Contract Documents and which they CONTRACTOR could not reasonably have been expected to be aware of. ARTICLE 5 - BONDS, INSURANCE, AND INDEMNIFICATION 5.1 Delivery of Bonds: When the CONTRACTOR delivers the executed Contract to the Contracting Officer, the CONTRACTOR shall also deliver to the Contracting Officer such bonds as the CONTRACTOR may be required to furnish in accordance with paragraph 5.2. 5.2 Bonds: The CONTRACTOR shall furnish Performance and Payment Bonds, each in an amount as shown on the Contract as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These bonds shall remain in effect for one year after the date of Final Acceptance and until all obligations under this Contract, except special guarantees as per 12.7, have been met. All bonds shall be furnished on forms provided by the CITY (or copies thereof) and shall be executed by such Sureties as are authorized to do business in the State of Alaska. The Contracting Officer may at his option copy the Surety with notice of any potential default orliability. At the option of the CONTRACTOR, bonds may be provided by individual Surety the adequacy of which shall be determined by the Contracting Officer. Any costs incurred by the CONTRACTOR or individual Surety shall be borne by the CONTRACTOR. Where individual Sureties are used, two individual Sureties must each provide the City of Seward with security equal to the amount of each bond by one, or a combination of, the following methods: a. Escrow account in the name of the CITY for the duration of the Contract. Acceptable securities would include, but not necessarily be limited to: cash; treasury notes; bearer instruments having a specific value, or; money market certificates. b. First "Deed of Trust" with the CITY designated as beneficiary, against the unencumbered value of the real property located within the State of Alaska, or an agreement by any second party, including deeds of trust, mortgage, lien or judgment interests to subrogate their interest to that of the City of Seward in the real property which has been offered by the individual Surety. A title insurance policy with the City of Seward as a named beneficiary and a current (within 3 months) professional appraisal or assessed valuation will be required to ascertain the true value of the property offered as collateral. If buildings or other valued improvements are involved then fire and casualty insurance with the City of Seward as a named insured and in limits and coverages acceptable to the Contracting Officers shall be required. The appraiser shall acknowledge in writing that the appraisal is prepared for the benefit of the CITY and the CITY has the right to rely on its contents. This "Deed" must be recorded in the recording office where the property is located. With respect to clauses "a" and "b" above the "Deed of Trust" or other accepted security shall not be released until 12 months after Final Acceptance of the Project and settlement of all outstanding claims. 5.3 Replacement of Bond and Surety: If the Surety on any bond furnished in connection with this Contract is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.2, or otherwise becomes unacceptable to the CITY, or if any such. Surety fails to furnish reports as to his financial condition as requested by the CITY, the CONTRACTOR shall within five days thereafter substitute another bond and Surety, both of which must be acceptable to CITY. City of Seward Little League Field Project GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 12 97 SECTION 000700 - GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT An individual Surety may be replaced by a corporate Surety during the course of the Contract period. If the Surety desires to dispose of the collateral posted, the CITY may at its option, accept: substitute collateral. 5.4 Insurance Requirements: 5.4.1 The CONTRACTOR shall provide evidence of insurance with a carrier or carriers satisfactory to the CITY covering injury to persons and/or property suffered by the City of Seward or a third party, as a result of operations which arise both out of and during the course of this Contract by the CONTRACTOR or by any Subcontractor. This coverage will also provide protection against injuries to all employees of the CONTRACTOR and the employees of any Subcontractor engaged in Work under this Contract. The delivery to the CITY of a written 30 day notice is required before cancellation of any coverage or reduction in any limits of liability. Insurance carriers shall have an acceptable financial rating. 5.4.2 The CONTRACTOR shall maintain in force at all times during the performance of services under this agreement the following policies of insurance. Failure to maintain insurance may, at the option of the Contracting Officer, be deemed Defective Work and remedied in accordance with the Contract. Where specific limits and coverages are shown, it is understood that they shall be the minimum acceptable. The requirements of this paragraph shall not limit the CONTRACTOR'S responsibility to indemnify under paragraph 5.5. Additional insurance requirements specific to this Contract are contained in the Supplementary Conditions, when applicable. a. Workers' Compensation Insurance: The CONTRACTOR shall provide and maintain, for all employees of the CONTRACTOR engaged in Work under this Contract, Workers' Compensation Insurance as required AS 23.30.045. The policies shall contain a "Waiver of Subrogation Clause" precluding the carrier or carriers from compensation from the CITY. The CONTRACTOR shall be responsible for Workers' Compensation Insurance for any Subcontractor who provides services under this Contract, to include: 1. Employer's Liability Protection in the amount of $100,000 per personal $1,000,000 per occurrence; 2. Voluntary Compensation Endorsement. 3. If the CONTRACTOR directly utilizes labor outside of the State of Alaska in the prosecution of the Work, "Other States" endorsement shall be required as a Condition of the Contract. b. Comprehensive or Commercial General Liability Insurance: shall cover all operations by or on behalf of the CONTRACTOR and provide insurance for bodily injury and property damage liability including coverage for: premises and operations; products and completed operations; contractual liability insuring obligations assumed under paragraph 5.5, Indemnification; broad form property damage; and personal injury liability. The minimum limits of liability shall be: 1. The CONTRACTOR shall carry Comprehensive General Liability policy, the limits of liability shall not be less than a Combined Single Limit for bodily injury, property damage and Personal Injury Liability of: $2,000,000 each occurrence $2,000,000 aggregate 2. The CONTRACTOR shall carry Commercial General Liability policy, the limits of liability shall not be less than: $1,000,000 each occurrence (Combined Single Limit for bodily injury and property damage) $2,000,000 for Personal Injury Liability City of Seward Little League Field Project GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 13 98 SECTION 000700 - GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT $10,000,000 aggregate for Products -Completed Operations $2,000,000 general aggregate C. Automobile Liability Insurance: Such insurance shall cover all owned, hired and non -owned vehicles and provide coverage not less than that of the Business Automobile Policy in limits not less than the following: $1,000,000 each occurrence (Combined Single Limit for bodily injury and property damage.) Builder's Risk Insurance: Coverage shall be on an "All Risk" completed value basis including "quake and flood" and protect the interests of the CITY, the CONTRACTOR and his Subcontractors. Coverage shall include all materials, supplies and equipment that are intended for specific installation in the Project while such materials, supplies and equipment are located at the Project site and in transit from port of arrival to job site and while temporarily located away from the Project site. In addition to providing the above coverages the CONTRACTOR shall ensure that Subcontractors provide insurance coverages as noted in clauses a., b., and c. of this subparagraph. Builder's Risk Insurance will only be applicable if so noted in the Supplementary Conditions. Other Coverages: As specified in the Modifications to General Conditions: The City of Seward shall be named as an "Additional Insured" under all liability coverages listed above, and CONTRACTOR shall show proof of insurance. 5.4.3 Evidence, consisting of a certificate of insurance or the policy declaration page with required endorsements attached thereto -- all of which have been executed by the insurer's representative and issued to the CITY, shall denote the type, amount, class of operations covered, effective (and retroactive) dates, and dates of expiration of policies. Evidence pertaining to Worker's Compensation, General Liability, or Automobile Liability is required for Award. All other coverages shall be evidenced prior to commencement of Work. Acceptance by the CITY of deficient evidence does not constitute a waiver of Contract requirements as provided for by the Conditions of the Contract. If a certificate is submitted as evidence it shall contain the following statement: "This is to certify that the policies described here to comply with all aspects of the insurance requirements of (Contract Name and Number, and Project Number). 5.5 Indemnification: The CONTRACTOR shall indemnify, save harmless, and defend the CITY and its agents and its employees from any and all claims or actions for injuries or damages sustained by any person or property arising directly or indirectly from the construction or the CONTRACTOR' performance of this Contract; however, this provision has no effect if, but only if, the sole proximate cause of the injury or damage is the CITY's gross negligence. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.1 Supervision of Work: The CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and apply such skills and expertise as may be necessary to perform the Work in City of Seward Little League Field Project GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 14 99 SECTION 000700 - GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT accordance with the Contract Documents. All Work under this Contract shall be performed in a skillful and workmanlike manner. The CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. 6.2 Superintendence by CONTRACTOR: The CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent. The Contracting Officer shall be advised in writing of the superintendent's name, local address, and telephone number. This written advice is to be kept current until Final Acceptance by the CITY. The superintendent will be the CONTRACTOR'S representative at the site and shall have full authority to act and sign documents on behalf of the CONTRACTOR. All communications given to the superintendent shall be as binding as if given to the CONTRACTOR. The CONTRACTOR shall cooperate with the Contracting Officer in every way possible. 6.3 Character of Workers: The CONTRACTOR shall provide a sufficient number of competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. The CONTRACTOR shall at all times maintain good discipline and order at the site. The Contracting Officer may, in writing, require the CONTRACTOR to remove from the Work any employee the Contracting Officer deems incompetent, careless, or otherwise detrimental to the progress of the Work, but the Contracting Officer shall have no duty to exercise this right. 6.4 CONTRACTOR to Furnish Unless otherwise specified in the General Requirements, the CONTRACTOR shall furnish and assume full responsibility for all materials, equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 6.5 Materials and Equipment: All materials and equipment shall be of specified quality and new, except as otherwise provided in the Contract Documents. If required by the Contracting Officer, the CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents: but no provision of any such instructions will be effective to assign to the CITY or any of the CITY's Consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraphs 2.3 or 2.4. 6.6 Anticipated Schedules: 6.6.1 Within 10 days following the effective date of the contract the CONTRACTOR shall submit to the Contracting Officer for review an anticipated progress schedule indicating the starting and completion dates of the various stages of the Work. 6.6.2 Within fifteen days after the date of the Notice to Proceed, the Contractor shall submit to the Contracting Officer for review: Anticipated schedule of Shop Drawing submissions; and Anticipated Schedule of Values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to City of Seward Little League Field Project GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 15 100 SECTION 000700 - GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work which will be confirmed in writing by the CONTRACTOR at the time of submission. 6.7 Finalizing Schedules: Prior to processing the first Application for Payment the Contracting Officer and the CONTRACTOR will finalize schedules required by paragraph 6.6. The finalized progress schedule will be acceptable to the CITY as providing information related to the orderly progression of the Work to completion within the Contract Time; but such acceptance will neither impose on the CITY nor relieve the CONTRACTOR from full responsibility for the progress or scheduling of the Work. If accepted, the finalized schedule of Shop Drawing and other required submissions will be acceptable to the CITY as providing a workable arrangement for processing the submissions. If accepted the finalized Schedule of Values will be acceptable to the CITY as an approximation of anticipated value of Work accomplished over the anticipated Contract Time. Receipt and acceptance of a schedule submitted by the CONTRACTOR shall not be construed to assign responsibility for performance or contingencies to the CITY or relieve the CONTRACTOR of his responsibility to adjust his forces, equipment, and work schedules as may be necessary to insure completion of the Work within prescribed Contract Time. Should the prosecution of the Work be discontinued for any reason, the CONTRACTOR shall notify the Contracting Officer at least 24 hours in advance of resuming operations. 6.8 Adjusting Schedules: Upon substantial change to the schedule or upon request the CONTRACTOR shall submit to the Contracting Officer for acceptance (to the extent indicated in paragraph 6.7 and the General Requirements) adjustments in the schedules to reflect the actual present and anticipated progress of the Work. 6.9 Substitutes or "Or Equal" Items: 6.9.1 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a propriety item or the name of a particular Supplier the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other Suppliers may be accepted by the Contracting Officer only if sufficient information is submitted by the CONTRACTOR which clearly demonstrates to the Contracting Officer that the material or equipment proposed is equivalent or equal in all aspects to that named. The procedure for review by the Contracting Officer will include the following as supplemented in the General Requirements. 6.9.2 Requests for review of substitute items of material and equipment will not be accepted by the Contracting" Officer from anyone other than the CONTRACTOR. 6:9.3 If the CONTRACTOR wishes to furnish or use a substitute item of material or equipment, the CONTRACTOR. shall make written application to the Contracting Officer for acceptance thereof certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as the specified. The application will state that the evaluation and acceptance of the proposed substitute will not delay the CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with the CITY or Work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. 6.9.4 All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain City of Seward Little League Field Project GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 16 101 SECTION 000700 - GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the CITY in evaluating the proposed substitute. The CITY may require the CONTRACTOR to furnish at the CONTRACTOR'S expense additional data about the proposed substitute. The Contracting Officer may reject any substitution request which the Contracting Officer may reject any substitution request which the Contracting Officer determines is not in the best interest of the CITY. 6.10 Substitute Means and Methods: If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, the CONTRACTOR may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Contracting Officer, if the CONTRACTOR submits sufficient information to allow the Contracting Officer to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by the Contracting Officer will be similar to that provided in paragraph 6.9 as applied by the Contracting Officer and as may be supplemented in the General Requirements. 6.11 Evaluation of Substitution: The Contracting Officer will be allowed a reasonable time within which to evaluate each proposed substitute. The Contracting Officer will be the sole judge of acceptability, and no substitute will be ordered, installed or utilized without the Contracting Officer's prior written acceptance which will be evidenced by either a Change Order or a Shop Drawing approval in accordance with Sections 6.20 and 6.21. The Contracting Officer may require the CONTRACTOR to furnish at the CONTRACTOR'S expense a special performance guarantee or other Surety with respect to any substitute. 6.12 Dividing the Work: The divisions and section of the Specifications and the identifications of any Drawings shall not control the CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.13 Subcontractors: The CONTRACTOR may utilize the service of licensed specialty Subcontractors on those parts of the Work which, under normal contracting practices, are performed by licensed specialty Subcontractors, in accordance with the following conditions: 6.13.1 The CONTRACTOR shall not award any Work to any Subcontractor without prior written approval of the Contracting Officer. This approval will not be given until the CONTRACTOR submits to the Contracting Officer a written statement concerning the proposed award to the Subcontractor which shall contain required Equal Employment Opportunity documents, evidence of insurance whose limits are acceptable to the CONTRACTOR, and an executed copy of the subcontract. All subcontracts submitted for approval must contain provisions for payment for Work done by the Subcontractor within 7 days of receipt of payment by the CONTRACTOR. No acceptance by the Contracting Officer of any such Subcontractor shall constitute a waiver of any right of the CITY to reject Defective Work. 6.13.2 All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate written agreement between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of the CITY and contains waiver provisions as required by paragraph 13.17 and termination provisions as required by Article 14. 6.13.4 Nothing in the Contract Documents shall create any contractual relationship between the CITY and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on City of Seward Little League Field Project GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 17 102 SECTION 000700 - GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT the part of the CITY to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Regulatory Requirements. The CITY will not undertake to settle any differences between or among the CONTRACTOR, Subcontractors, or Suppliers. 6.13.5 The CONTRACTOR and Subcontractors shall coordinate their work and cooperate with other trades so to facilitate general progress of Work. Each trade shall afford other trades every reasonable opportunity for installation of their work and storage of materials. If cooperative work of one trade must be altered due to lack of proper supervision, or failure to make proper provisions in time by another trade, such conditions shall be remedied by the CONTRACTOR with no change in Contract Price or Contract Time. 6.13.6 The CONTRACTOR shall include on his own payrolls any person or persons working on this Contract who are not covered by written subcontract, and shall ensure that all Subcontractors include on their payrolls all person performing work under the direction of the Subcontractor. 6.14 Use of Premises The CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the Project limits and approved remote storage sites and lands and areas identified in and permitted by Regulatory Requirements, rights -of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. The CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against the CITY by any such owner or occupant because of the performance of the Work, the CONTRACTOR shall hold the CITY harmless. 6.15 Structural Loading: The CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall the CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.16 Record Documents: The CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Directives, Change Orders, Supplemental Agreements, and written interpretations and clarifications (issued pursuant to paragraph 3.6) in good order and annotated to show all changes made during construction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings will be available to the Contracting Officer for reference and copying. Upon completion of the Work, the annotated record documents, samples and Shop Drawings will be delivered to the Contracting Officer. Record documents shall accurately record variations in the Work which vary from requirements shown or indicated in the Contract Documents. 6.17 Safety and Protection: The CONTRACTOR alone shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. The CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.17.1 All employees on the Work and other persons and organizations who may be affected thereby; 6.17.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; City of Seward Little League Field Project GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 18 103 SECTION 000700 - GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 6.17.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation or replacement in the course of construction. The CONTRACTOR shall comply with all applicable Regulatory Requirements of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss, and shall erect and maintain all necessary safeguards for such safety and protection. The CONTRACTOR shall notify owners of adjacent property and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property caused, directly or indirectly, in whole or in part, by the CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by the CONTRACTOR with no change in Contract Price or Contract Time except as stated in 4.6, except damage or loss attributable to unforeseeable causes beyond the control of and without the fault or negligence of the CONTRACTOR, including but not restricted to acts of nature, of the public enemy or governmental authorities. The CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until Final Acceptance (except as otherwise expressly provided in connection with Substantial Completion). 6.18 Safety Representative: The CONTRACTOR shall designate a responsible safety representative at the site. This person shall be the CONTRACTOR's superintendent unless otherwise designated in writing by the CONTRACTOR to the Contracting Officer. 6.19 Emergencies: In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, the CONTRACTOR, without special instruction or authorization from the CITY, is obligated to act to prevent threatened damage, injury or loss. The CONTRACTOR shall give the Contracting Officer prompt written notice if the CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the CITY determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a change will be authorized by one of the methods indicated in Paragraph 9.2, as determined appropriate by the Contracting Officer. 6.20 Shop Drawings and Samples: 6.20.1 After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements, the CONTRACTOR shall submit to the Contracting Officer for review and approval in accordance with the accepted schedule of Shop Drawing submissions the required number of all Shop Drawings, which will bear a stamp or specific written indication that the CONTRACTOR has satisfied CONTRACTOR's responsibilities under the Contract Documents with respect to the review of the submission. All submissions will be identified as the Contracting Officer may require. The data shown on the Shop Drawings will be identified as the Contracting Officer may require. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to enable the Contracting Officer to review the information as required. 6.20.2 The CONTRACTOR shall also submit to the Contracting Officer for review and approval with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples will have been checked by and accompanied by a specific written indication that the CONTRACTOR has satisfied CONTRACTOR's responsibilities under the Contract Documents with respect to the review of the submission and will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended. City of Seward Little League Field Project GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 19 104 SECTION 000700 - GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 6.20.3 Before submission of each Shop Drawing or sample the CONTRACTOR shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar with respect thereto and reviewed or coordinated each Shop Drawing or samples with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 6.20.4 At the time of each submission to the CONTRACTOR shall give the Contracting Officer specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and in addition, shall cause a specific notation to be made on each Shop Drawing submitted to the Contracting Officer for review and approval of each such variation. All variations of the proposed shop drawing from that specified will be identified in the submission and available maintenance, repair and replacement service will be indicated. The submittal will also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such variation, including costs of redesign and claims of other Contractors affected by the resulting change, all of which shall be considered by the CITY in evaluating the proposed variation. If the variation may result in a charge of Contract Time or Price, or Contract responsibility, and is not minor in nature; the CONTRACTOR must submit a written request for Change Order with the variation to notify the CITY of his intent. The CITY may require the CONTRACTOR to furnish at the CONTRACTOR's expense additional data about the proposed variation. The Contracting Officer may reject any variation request which the Contracting Officer determines is not in the best interest of the CITY. 6.21 Shop Drawing and Sample Review 6.21.1 The Contracting Officer will review with reasonable promptness Shop Drawings and samples, but the Contracting Officer's review will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, techniques, sequences or procedures of construction (except where a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto. The review of a separate item as such will not indicate acceptance of the assembly in which the item functions. The CONTRACTOR shall make corrections required by the Contracting Officer and shall return the required number of corrected copies of Shop Drawings and submit as required new samples for review. The CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by the Contracting Officer on previous submittals. 6.21.2 The Contracting Officer's review of Shop Drawings or samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless the CONTRACTOR has in writing advised the Contracting Officer of each such variation at the time of submission as required by paragraph 6.20.4 The Contracting Officer if he so determines, may give written approval of each such variation by Change Order, except that, if the variation is minor and no Change Order has been requested a specific written notation thereof incorporated in or accompanying the Shop Drawing or sample review comments shall suffice as a modification. No approval by the Contracting Officer will relieve the CONTRACTOR from responsibility for errors or omissions in the Shop Drawings or from responsibility for having complied with the provisions of paragraph 6.20.3. 6.21.3 Where a Shop Drawing or sample is required by the Specifications, any related Work performed prior to the Contracting Officer's review of the pertinent submission will be the sole expense and responsibility of the CONTRACTOR. 6.22 Maintenance During Construction. The CONTRACTOR shall maintain the Work during construction and until Substantial Completion, at which time the responsibility for maintenance shall be established in accordance with paragraph 13.10. 6.23 Continuing the Work: City of Seward Little League Field Project GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 20 105 SECTION 000700 - GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT The CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with the CITY. No Work shall be delayed or postponed pending resolution of any disputes, disagreements, or claims except as the CONTRACTOR and the Contracting Officer may otherwise agree in writing. 6.24 Consent to Assignment: The CONTRACTOR shall obtain the prior written consent of the Contracting Officer to any proposed assignment of any interest in, or part of this Contract. The consent to any assignment or transfer shall not operate to relieve the CONTRACTOR or his Sureties of any of his or its obligations under this Contract or the Performance Bonds. Nothing herein contained shall be construed to hinder, prevent, or affect an assignment of monies due, or to become due hereunder, made for the benefit of the CONTRACTOR' creditors pursuant to law. 6.25 Use of Explosives: 6.25.1 Explosives shall not be used 6.26 CONTRACTOR'S Records: 6.26.1 Records of the CONTRACTOR and Subcontractors relating to personnel, payrolls, invoices of materials, and any and all other data relevant to the performance of this Contract, must be kept on a generally recognized accounting system. Such records must be available during normal work hours to the Contracting Officer for purposes of investigation to ascertain compliance with Regulatory Requirements and provisions of the Contract Documents. 6.26.2 Payroll records must contain the name and address of each employee, his correct classification, rate of pay, daily and weekly number of hours of work, deductions made, and actual wages paid. The CONTRACTOR and Subcontractor shall make employment records available for inspection by the Contracting Officer and representatives of the U.S. and/or State Department of Labor and will permit such representatives to interview employees during working hours on the Project. 6.26.3 Records of all communications between the CITY and the CONTRACTOR and other parties, where such communications affected performance of this Contract, must be kept by the CONTRACTOR and maintained for a period of three years from Final Acceptance. The CITY or its assigned representative may perform an audit of these records during normal work hours after written notice to the CONTRACTOR. /_MI[a]IMVaA_VJRy_1►1RIM XC1IJA_1111[0]►K 7.1 Laws to be Observed The CONTRACTOR shall keep fully informed of all Federal and State Regulatory Requirements and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner after those engaged or employed on the Work, or which in any way affect the conduct of the Work. The CONTRACTOR shall at all times observe and comply with all such Regulatory Requirements, orders and decrees; and shall protect and indemnify the CITY and its representatives against claim or liability arising from or based on the violation of any such Regulatory - Requirement, order, or decree whether by the CONTRACTOR, Subcontractor, or any employee of either. Except where otherwise expressly required by applicable Regulatory Requirements, the CITY shall not be responsible monitoring CONTRACTOR'S compliance with any Regulatory Requirements. 7.2 Permits, Licenses, and Taxes: 7.2.1. The CONTRACTOR shall procure all permits and licenses, pay all charges, fees and taxes, and give all notices necessary and incidental to the due and lawful prosecution of the Work. As a condition of City of Seward Little League Field Project GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 21 106 SECTION 000700 - GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT performance of this Contract, the CONTRACTOR shall pay all Federal, State and local taxes incurred by the CONTRACTOR, in the performance of this Contract. Proof of payment of these taxes is a condition precedent to final payment by the CITY under this Contract. 7.2.2. The CONTRACTOR' certification that taxes have been paid (as contained in the Release of Contract) will be verified with the Department of Revenue and Department of Labor, prior to final payment. 7.2.3 If any Federal, State or local tax is imposed, charged, or repealed after the date of bid opening and is made applicable to and paid by the CONTRACTOR on the articles or supplies herein contracted for, then the Contract shall be increased or decreased accordingly by a Change Order. 7.3 Patented Devices, Materials and Processes: If the CONTRACTOR employs any design, device, material, or process covered by letters of patent, trademark or copyright, the CONTRACTOR shall provide for such use by suitable legal agreement with the patentee or owner. The CONTRACTOR and the Surety shall indemnify and save harmless the CITY, any affected third party, or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device material or process, or any trademark or copyright, and shall indemnify the CITY for any costs, expenses, and damages which it may be obligated to pay by reason of any infringement, at any time during the prosecution or after the completion of the Work. 7.4 Compliance of Specifications and Drawings: If the CONTRACTOR observes that the Specifications and Drawings supplied by the CITY are at variance with any Regulatory Requirements, CONTRACTOR shall give the Contracting Officer prompt written notice thereof, and any necessary changes will be authorized by one of the methods indicated in paragraph 9.2 as determined appropriate by the Contracting Officer. If the CONTRACTOR performs any Work knowing or having reason to know that it is contrary to such Regulatory Requirements, and without such notice to the Contracting Officer, the CONTRACTOR shall bear all costs arising therefrom: however, it shall not be the CONTRACTOR'S primary responsibility to make certain that the Specifications and Drawings supplied by the CITY are in accordance with such Regulatory Requirements. 7.5 Accident Prevention The CONTRACTOR shall comply with AS 18.60.75 and all pertinent provisions of the Construction Code Occupational Safety and Health Standards issued by the State of Alaska Department of Labor. 7.6 Sanitary Provisions: The CONTRACTOR shall provide and maintain in a neat and sanitary condition such accommodations for the use of his employees and CITY representatives as may be necessary to comply with the requirements of the State and local Boards of Health, or of other bodies or tribunals having jurisdiction. 7.7 Business Registration: Comply with AS 08.18.011, as follows: "it is unlawful for a person to submit a bid or work as a contractor until he has been issued a certificate of registration by the. Department of Commerce. A partnership or joint venture shall be considered registered if one of the general partners or ventures whose name appears in the name under which the partnership or venture does business is registered." 7.8 Professional Registration and Certification: All craft trades, architects, engineers and land surveyors, electrical administrators, and explosive handlers employed under the Contract shall specifically comply with applicable provisions of AS 08.18, 08.48, City of Seward Little League Field Project GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 22 107 SECTION 000700 - GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 08.40 and 08.52. Provide copies of individual licenses within seven days following a request from the Contracting Officer. 7.9 Local Building Codes: The CONTRACTOR shall comply with AS 35.10.025 which requires construction in accordance with applicable local building codes including the obtaining of required permits. 7.10 Air Quality Control: The CONTRACTOR shall comply with all applicable provisions of AS 46.03.04 as pertains to Air Pollution Control. 7.11 Archaeological or Paleontological Discoveries When the CONTRACTOR's operation encounters prehistoric artifact, burials, remains of dwelling sites, or paleontological remains, such as shell heaps, land or seal mammal bones or tusks, the CONTRACTOR shall cease operations immediately and notify the Contracting Officer. No artifacts or specimens shall be further disturbed or removed from the ground and no further operations shall be performed at the site until so directed. Should the Contracting Officer order suspension of the CONTRACTOR' operations in order to protect an archaeological or historical finding, or order the CONTRACTOR to perform extra Work, such shall be covered by an appropriate Contract change document. 7.12 Alaska Agricultural Products: Pursuant to AS 36.16.010, Agricultural products harvested in Alaska shall be used in State funded projects when competitively priced, available and of like quality compared with agricultural projects harvested outside the State. 7.13 Preferential Employment The Contractor shall comply with all applicable and valid laws and regulations regarding the hiring of Alaska residents now in effect or that might subsequently take effect during the term of this contract. 7.14 Wages and Hours of Labor: 7.14.1 One certified copy of all payrolls shall be submitted weekly, before the Friday of every second week, to the State Department of Labor to assure compliance with AS 36.05.040 Filing Schedule of Employees Wages Paid and Other Information. The CONTRACTOR shall be responsible for the submission of certified copies of payrolls of all Subcontractors. The certification shall affirm that the payrolls are current and complete, that the wage rates contained therein are not less than the applicable rate referenced in these Contract Documents, and that the classification set forth for each laborer or mechanic conforms with the Work he performed. The CONTRACTOR and his Subcontractors shall attend all hearings and conferences and produce such books, papers and documents all as requested by the Department of Labor. Should Federal funds be involved, the appropriate Federal Agency shall also receive a copy of the CONTRACTOR'S certified payrolls. 7.14.2 The following Labor provisions shall also apply to this Contract: a. The CONTRACTOR and his Subcontractors shall pay all employees unconditionally in a timely manner; b. wages may not be less than those stated in the advertised Specifications, regardless of the contractual relationship between the CONTRACTOR or Subcontractors and laborers, mechanics, or field surveyors; City of Seward Little League Field Project GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 23 108 SECTION 000700 - GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT the scale of wages to be paid shall be posted by the CONTRACTOR in a prominent and easily accessible place at the site of the Work; the CITY shall withhold so much of the accrued payments as is necessary to pay to laborers, mechanics, or field surveyors employed by the CONTRACTOR or Subcontractors the difference between 1. the rate of wages required by the Contract to be paid laborers, mechanics, or field surveyors on the Work, and 2. the rates of wages in fact received by laborers, mechanics or field -surveyors. 7.15 Overtime Work Hours and Compensation Pursuant to the Federal Fair Labor Standards Act and AS 23.10.060, the CONTRACTOR shall not require nor permit any laborer or mechanic in any workweek in which he is employed on any Work under this Contract to work in excess of eight hours in any Calendar Day or in excess of forty hours in such workweek on Work subject to the provisions of the applicable laws and regulations, unless such laborer or mechanic receives compensation at a rate not less than one and one half times his basic rate of pay for all such hours worked in excess of eight hours in any Calendar Day or in excess of forty hours in such workweek whichever is the greater number of overtime hours. In the event of any violation of this provision, the CONTRACTOR shall be liable to any affected employee for any amounts due and penalties and to the CITY for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violation of this provision in the sum of $10.00 for each Calendar Day or which such employee was required or permitted to be employed on such Work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by this paragraph. 7.16 Covenant Against Contingent Fees: The CONTRACTOR warrants that no person or selling agent has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the CONTRACTOR for the purpose of securing business. For breach or violation of this warrant, the CITY shall have the right to annul this Contract without liability or, in its discretion, to deduct price of consideration from the Contract or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. 7.17 Officials Not To Benefit No member of or delegate to the U.S. Congress, the State Legislature or other State Official shall be admitted to any share or part of this Contract, nor to any benefit that may arise there from. However, this provision shall not be construed to extend to this Contract if made with a corporation for its general benefit. 7.18 Personal Liability of Public Officials: In carrying out any of the provisions thereof, or in exercising any power or authority granted to the Contracting Officer by the Contract, there will be no liability upon the Contracting Officer nor upon City, Borough or State employees authorized as his representatives, either personally or as officials of the City, Kenai Peninsula Borough or State of Alaska, it being always understood that in such matters they act as agents and representatives of the CITY. ARTICLE 8 - OTHER WORK 8.1 Related Work At Site: City of Seward Little League Field Project GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 24 109 SECTION 000700 - GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 8.1.1 The CITY reserves the right at any time to contract for and perform other additional work on or near the Work covered by the Contract. 8.1.2 When separate contracts are let within the limits of the Project, the CONTRACTOR shall conduct his Work so as not to interfere with or hinder the work being performed by other contractors. The CONTRACTOR when working on the same Project with other contractors shall cooperate with such other contractors. The CONTRACTOR shall join his work with that of the others in an acceptable manner and shall perform it in proper sequence to that of others. 8.1.3 If the fact that other such work is to be performed is identified or shown in the Contract Documents the CONTRACTOR shall assume all liability, financial or otherwise, in connection with this Contract and indemnify and save harmless the CITY from any and all damages or claims that may arise because of inconvenience, delay, or loss experienced by the CONTRACTOR because of the presence and operations of other contractors. 8.1.4 If the fact that such other work is to be performed was not identified or shown in the Contract Documents, written notice thereof will be given to the CONTRACTOR prior to starting any such other work. If the CONTRACTOR believes that such performance will require an increase in Contract Price or Contract Time, the CONTRACTOR shall notify the Contracting Officer of such required increase within fifteen (15) calendar days following receipt of the Contracting Officer's notice. Should the Contracting Officer find such increase(s) to be justified, a Change Order will be executed. 8.2 Access, Cutting, and Patching: The CONTRACTOR shall afford each utility owner and any other contractor who is a party to such a direct contract with the CITY (or the CITY, if the CITY is performing the additional work with the CITY's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the Work with the work of others. The CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work, the CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter such other work with the written consent of the Contracting Officer. The duties and responsibilities of the CONTRACTOR under this paragraph are for the benefit of other contractors to the extent that there are comparable provisions for the benefit of the CONTRACTOR in said direct contracts between the CITY and other contractors. 8.3 Defective Work By Others If any part of the CONTRACTOR's Work depends for proper execution or results upon the work of any such other contractor, utility owner, or the CITY, the CONTRACTOR shall inspect and promptly report to the Contracting Officer in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. The CONTRACTOR's failure to so report will constitute an acceptance of the other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in the other work. 8.4 Coordination: If the CITY contracts with others for the performance of other work at the site, Contracting Officer will have authority and responsibility for coordination of the activities among the various prime contractors. ARTICLE 9 - CHANGES 9.1 CITY'S Right To Change: City of Seward Little League Field Project GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 25 110 SECTION 000700 - GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Without invalidating the Contract and without notice to any Surety, the CITY may, at any time or from time to time, order additions, deletions or revisions in the Work within the general scope of the Contract, including but not limited to changes: 9.1.1 In the Contract Documents: 9.1.2 In the method or manner of performance of the Work; 9.1.3 In CITY -furnished facilities, equipment, materials, services, or site; 9.1.4 Directing acceleration in the performance of the Work. 9.2 Authorization of Changes within the General Scope: Additions, deletions, or revisions in the Work within the general scope of the Contract as specified in 9.1 shall be authorized by one or more of the following ways: 9.2.1 Directive (pursuant to paragraph 9.3) 9.2.2 A Change Order (pursuant to paragraph 9.4) 9.2.3 CITY's acceptance of Shop Drawing variations from the Contract Documents as specifically identified by the CONTRACTOR as required by paragraph 6.20.4. 9.3 Directive: 9.3.1 The Contracting Officer shall provide written clarification or interpretation of the Contract Documents (pursuant to paragraph), 9.3.2 The Contracting Officer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. 9.3.3 The Contracting Officer may order the Contractor to correct Defective Work or methods which are not in conformance with the Contract Documents. 9.3.4 The Contracting Officer may direct the commencement or suspension of Work or emergency related Work (as provided in paragraph 6.19). 9.3.5 Upon the issuance of a Directive to the CONTRACTOR by the Contracting Officer, the CONTRACTOR shall proceed with the performance of the Work as prescribed by such Directive. 9.3.6 If the CONTRACTOR believes that the changes noted in a Directive may cause an increase in the Contract Price or an extension of Contract Time, the CONTRACTOR shall immediately provide written notice to the Contracting Officer depicting such increases before proceeding with the directive, except in the case of an emergency. If the Contracting Officer finds the increase in Contract Prices or the extension of Contract Time justified, a Change Order will be issued. If however, the Contracting Officer does not find that a Change Order is justified, the Contracting Officer may direct the CONTRACTOR to proceed with the Work. The CONTRACTOR shall cooperate with the Contracting Officer in keeping complete daily records of the cost of such Work. If a Change Order is ultimately determined to be justified, in the absence of agreed prices and unit prices, payment for such Work will be made on a cost of the work basis as provided in 10.4. 9.4 Change Order: City of Seward Little League Field Project GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 26 ISE SECTION 000700 - GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT A change in Contract Time, Contract Price, or responsibility may be made for changes within the scope of the Work only by Change Order. Upon receipt of an executed Change Order, the CONTRACTOR shall promptly proceed with the work involved which will be performed under the applicable conditions of the Contract Documents except as otherwise specifically provided. Changes in Contract Price and Contract Time shall be made in accordance with Article 10 and 11. 9.5 Shop Drawing Variations: Variations by shop drawings shall only be eligible for consideration under 9.4 when the conditions affecting the price, time, or responsibility are identified by the CONTRACTOR in writing and a request for a Change Order is submitted as per 6.20.4. 9.6 Changes Outside the General Scope; Supplemental Agreement: Any change which is outside the general scope of the Contract, as determined by the Contracting Officer, must be authorized by a Supplemental Agreement signed by the appropriate representatives of the CITY and the CONTRACTOR. 9.7 Unauthorized Work: The CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in this Article 9, except in the case of an emergency as provided in paragraph 6.19 and except in the case of uncovering Work as provided in paragraph 12.4.2. 9.8 Notification of Surety: If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time) is required by the provisions of any Bond to be given to a Surety, the giving of any such notice will be the CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. 9.9 Differing Site Conditions: 9.9.1 The CONTRACTOR shall promptly, and before such conditions are disturbed (except in an emergency as permitted by paragraph 6.19), notify the Contracting Officer in writing of: (1) subsurface or latent physical conditions at the site differing materially from those indicted in the Contract, and which could not have been discovered by a careful examination of the site, or (2) unknown physical conditions at the site, of an unusual nature, differing materially form those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract. The Contracting Officer shall promptly investigate the conditions, and if the Contracting Officer finds that such conditions do materially so differ and cause an increase or decrease in the CONTRACTOR's cost of, or time required for, performance of this Contract, an equitable adjustment shall be made and the Contract modified in writing accordingly. 9.9.2 Any claim for additional compensation by the CONTRACTOR under this clause shall be made in accordance with Article 15 and shall not be allowed unless the CONTRACTOR has first given the notice required by this Contract. In the event that the Contracting Officer and the CONTRACTOR are unable to reach an agreement concerning an alleged differing site condition, the CONTRACTOR will be required to keep an accurate and detailed record which will indicate the actual cost of the work done under the alleged differing site condition. Failure to keep such a record shall be a bar to any recovery by reason of such alleged differing site conditions. The Contracting Officer shall be given the opportunity to supervise and check the keeping of such records. City of Seward Little League Field Project GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 27 112 SECTION 000700 - GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT ARTICLE 10 - CONTRACT PRICE: COMPUTATION AND CHANGE 10.1 Contract Price The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to the CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by the CONTRACTOR shall be at his expense without change in the Contract Price. The Contract Price may only be changed by a Change Order or Supplemental Agreement. 10.2 Claim For Price Change Any claim for an increase or decrease in the Contract Price shall be submitted in accordance with the terms of Article 15, and shall not be allowed unless notice requirements of this Contract have been met. 10.3 Change Order Price Determination: The value of any Work covered by a Change Order for an increase or decrease in the Contract Price shall be determined in one of the following ways: 10.3.1 Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of the items involved (subject to the provisions of paragraphs 10.9.1 through 10.9.3, inclusive). 10.3.2 By mutual acceptance of a lump sum price which includes overhead and profit. 10.3.3 When 10.3.1 and 10.3.2 are inapplicable, on the basis of the "cost of the work" (determined as provided in paragraphs 10.4 and 10.5) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 10.6). 10.3.4 Before a Change Order or Supplemental Agreement is approved, the CONTRACTOR shall submit pricing data regarding the changed or extra work. The CONTRACTOR shall certify that the data submitted is, to his best knowledge and belief, accurate, complete and current as of a mutually determined specified data and that such data will continue to be accurate and complete during the performance of the changed or extra work. i[IIEA • • diiTANT07Y The term cost of the work means the sum of all costs necessarily incurred and paid by the CONTRACTOR in the proper performance of the work. Except as otherwise may be agreed to in writing by the CITY, such costs shall be in amount no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 10.5: 10.4.1 Payroll costs for employees in the direct employ of the CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by the CITY and the CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by the CITY. 10.4.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to the CONTRACTOR unless the CITY deposits funds with the CONTRACTOR with which to make payments, in which ease the cash discounts shall accrue to the CITY. All trade City of Seward Little League Field Project GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 28 113 SECTION 000700 - GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT discounts, rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to the CITY, and the CONTRACTOR shall make provisions so that they may be obtained. 10.4.3 Payments made by the CONTRACTOR to Subcontractors for Work performed by Subcontractors or Suppliers acceptable to the CONTRACTOR and shall deliver such quotes to the CITY who will then determine which quotes will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of "cost of the work" plus a fee, the Subcontractor's "cost of the work" shall be determined in the same manner as the CONTRACTOR's "cost of work" as described in paragraphs 10.4 and 10.5; and the Subcontractor's fee shall be established as provided for under subparagraph 10.6.2 clause b. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 10.4.4 Costs of special consultants (including but not limited to engineers, architects, testing laboratories, and surveyors) employed for services necessary for the completion of the Work. 10.4.5 Supplemental costs including the following: a. The proportion of necessary transportation, travel and subsistence expenses of the CONTRACTOR's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of the CONTRACTOR. C. Rentals of all construction equipment and machinery and the parts thereof whether rented from the CONTRACTOR or others in accordance with rental agreements approved by the CITY and the costs of transportation, loading, unloading, installation, dismantling and removal thereof - all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the work. d. Sales, consumer, use or similar taxes related to the Work, and for which the CONTRACTOR is liable, imposed by Regulatory Requirements. e. Deposits lost for causes other than negligence of the CONTRACTOR, and Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses), not compensated by insurance or otherwise, to the Work or otherwise sustained by the CONTRACTOR in connection with the performance and furnishing of the Work provided they have resulted from causes other than the negligence of the CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of the CITY. No such losses, damages and expenses shall be included in the "cost of the work" for the purpose of determining the CONTRACTOR's fee. If however, any such loss or damage requires reconstruction and the CONTRACTOR is placed in charge thereof, the CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraphs 10 6.2a and 10.6 2.b. g. The cost of utilities, fuel and sanitary facilities at the site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. i. Cost of premiums for additional bonds and insurance required because of changes in the Work and premiums for property insurance coverage within the limits of the deductible amounts established by the CITY in accordance with Article 5. City of Seward Little League Field Project GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 29 114 SECTION 000700 - GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 10.5 Excluded Costs: The term "cost of the work" shall not include any of the following 10.5.1 Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agency, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 10.4.1 or specifically covered by paragraph 10.4.4 - all of which are to be considered administrative costs covered by the CONTRACTOR's fee. 10.5.2 Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 10.5.3 Any part of CONTRACTOR's capital expenses including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments. 10.5.4 Cost of premiums for all bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 10.4.5.i above. 10.5.5 Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of Defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 10.5.6 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 10.4. 10.6 CONTRACTOR's Fee: The CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 10.6.1 A mutually acceptable fixed fee; or if none can be agreed upon. 10.6.2 A fee based on the following percentages of the various portions of the "cost of the work": a. For costs incurred under paragraphs 10.4.1 and 10.4.2, the CONTRACTOR's fee shall be fifteen percent; b. For costs incurred under paragraph 10.4.3, the CONTRACTOR's fee shall be ten percent; and if a subcontract is on the basis of "cost of the work" plus a fee, the maximum allowable to CONTRACTOR on account of overhead and profit of all Subcontractors and multiple tiers thereof shall be ten percent; No fee shall be payable on the basis of costs itemized under paragraphs 10.4.4, 10.4.5 and 10.5; The amount of credit to be allowed by the CONTRACTOR to the CITY for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in CONTRACTOR's fee by an amount equal to ten percent of the net decrease; and City of Seward Little League Field Project GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 30 115 SECTION 000700 - GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT e. When both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 10.6.2.a through 10.6.2.d, inclusive. 10.7 Cost Breakdown: Whenever the cost of any Work is to be determined pursuant to paragraphs 10.4 and 10.5, the CONTRACTOR will submit in form acceptable to the CITY an itemized cost breakdown together with supporting data. 10.8 Cash Allowances: It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as maybe acceptable to the Contracting Officer. CONTRACTOR agrees that: 10.8.1 The allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 10.8.2 CONTRACTOR's cost for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances. No demand for additional payment on account of any thereof will bevalid. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due the CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 10.9 Unit Price Work: 10.9.1 Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Contract. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by the CONTRACTOR will be made by the CITY in accordance with paragraph 10.10. 10.9.2 Each unit price will be deemed to include an amount considered by the CONTRACTOR to be adequate to cover the CONTRACTOR's overhead and profit for each separately identified item. If the "Basis of Payment" clauses in the Contract Documents relating to any unit price in the bid schedule requires that the said unit price cover and be considered compensation for certain work or material essential to the item, this same work or material will not also be measured or paid for under any other pay item which may appear elsewhere in the Contract Documents. 10.9.3. Payment to the CONTRACTOR shall be made only for the actual quantities of Work performed and accepted or materials furnished, in conformance with the Contract Documents. When the accepted quantities of Work or materials vary from the quantities stated in the bid schedule, or change documents, the CONTRACTOR shall accept as payment in full, payment at the stated unit prices for the accepted quantities of Work and materials furnished, completed and accepted; except as provided below: a. When the quantity of Work to be done or material to be -furnished under an any item for which the total cost of the item exceeds 10% of the total Contract Price, is increased by more than 25 percent of the quantity stated in the bid schedule, or change documents, either party to the City of Seward Little League Field Project GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 31 `fi[: SECTION 000700 - GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Contract, upon demand, shall be entitled to an equitable unit price adjustment on that portion of the Work above 125 percent of the quantity stated in the bid schedule. b. When the quantity of Work to be done or material to be furnished under any major item, for which the total cost of the item exceeds 10% of the total Contract Price, is decreased by more than 25 percent of the quantity stated in the bid schedule, or change documents either party to the Contract, upon demand, shall be entitled to an equitable price adjustment for the quantity of Work performed or material furnished, limited to a total payment of not more than 75 percent of the amount originally bid for the item. 10.10 Determinations for Unit Prices: The Contracting Officer will determine the actual quantities and classifications of Unit Price Work performed by the CONTRACTOR. The Contracting Officer will review with the CONTRACTOR preliminary determinations on such matters before finalizing the costs and quantities on the Schedule of Values. The Contracting Officer's acknowledge thereof will be final and binding on the CONTRACTOR, unless, within ten days after the date of any such decisions, the CONTRACTOR delivers to the Contracting Officer written notice of intention to appeal from such a decision. ARTICLE 11 - CONTRACT TIME; COMPUTATION AND CHANGE 11.1 Commencement of Contract Time: Notice To Proceed: The Contract Time will commence to run on the day indicated in the Notice to Proceed 11.2 Starting the Work: No Work on Contract items shall be performed before the effective date of the Notice to Proceed. The CONTRACTOR shall notify the Contracting Officer at least 24 hours in advance of the time actual construction operations will begin. The CONTRACTOR may request a limited Notice to Proceed after Award has been made, to permit him to order long lead materials which could cause delays in project completion. However, granting is within the sole discretion of the Contracting Officer, and refusal or failure to grant a limited Notice To Proceed shall not be a basis for claiming for delay, extension of time, or alteration of price. 11.3 Computation of Contract Time: 11.3.1 When the Contract Time is specified on a Calendar Days basis, all Work under the Contract shall be completed within the number of Calendar Days specified. The count of Contract Time begins on the day following receipt of the Notice to Proceed by the CONTRACTOR, if no starting day is stipulated therein. Calendar Days shall continue to be counted against Contract Time until and including the date of Final Completion of the Work. 11.3.2 When the Contract completion time is specified as a fixed calendar date, it shall be the date of Final Completion. 11.4 Time Change: The Contract Time may only be changed by a Change Order or Supplemental Agreement. 11.5 Extension Due to Delays: City of Seward Little League Field Project GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 32 117 SECTION 000700 - GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT The right of the CONTRACTOR to proceed shall not be terminated nor the CONTRACTOR charged with liquidated or actual damages because of any delays to the completion of the Work due to unforeseeable causes beyond the control and without the fault or negligence of the CONTRACTOR, including, but not restricted to the following: acts of nature or of the public enemy, acts of the CITY in contractual capacity, acts of another contractor in the performance of a Contract with the CITY, floods, fires, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather and delays of Subcontractors or Suppliers due to such causes. Any delay in receipt of materials on the site, caused by other than one of the specifically mentioned occurrences above, does not of itself justify a time extension, provided that the CONTRACTOR shall within twenty four (24) hours from the beginning of any such delay (unless the Contracting Officer shall grant a further period of the time prior to the date of final settlement of the Contract) notify the Contracting Officer in writing of the cause of delay. The Contracting Officer shall ascertain the facts and the extent of the delay and extend the time for completing the Work when the findings of fact justify such an extension. 11.5.1 Delays or disruptions resulting from weight restrictions imposed on roadways, excessive traffic on roadways or road construction and/or repairs, shall not be considered unforeseeable causes beyond the control of the contractor. 11.6 Essence of Contract: All time limits stated in the Contract Documents are of the essence of the Contract. 11.7 Reasonable Completion Time It is expressly understood and agreed by and between the CONTRACTOR and the CITY that the date of beginning and the time for Final Completion of the Work described herein are reasonable times for the completion of the Work. 11.8 Delay Damages: Whether or not the CONTRACTOR's right to proceed with the Work is terminated, he and his Sureties shall be liable for damages resulting from his refusal or failure to complete the Work within the specified time. Liquidated damages for delay shall be paid by the CONTRACTOR or his Surety to the CITY in the amount as specified in the Supplementary Conditions for each Calendar Day the completion of the Work or any part thereof is delayed beyond the Contract Time required by the Contract, or any extension thereof If such amount of liquidated damages is not established by the Contract Documents, then the CONTRACTOR and his Surety shall be liable to the CITY for any actual damages occasioned by such delay. The CONTRACTOR acknowledges that the liquidated damages established herein are not a penalty but rather constitute an estimate of damages that the CITY will sustain by reason of delayed completion. These liquidated damages are intended as compensation for losses difficult to estimate, and include those items enumerated in the Supplementary Conditions. These damages will continue to run both before and after termination in the event of default termination. These liquidated damages do not cover excess costs of completion or CITY costs, fees, and charges related to procurement. If a default termination occurs, the CONTRACTOR or his Surety shall pay in addition to these damages, all excess costs and expenses related to completion as provided by Article 14.2.5. ARTICLE 12 -QUALITY ASSURANCE 12.1 Warranty and Guaranty: The CONTRACTOR warrants and guarantees to the CITY that all Work will be in accordance with the Contract Documents and will not be Defective. Prompt notice of all defects shall be given to the City of Seward Little League Field Project GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 33 118 SECTION 000700 - GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CONTRACTOR. All Defective Work, whether or not in place, may be rejected, corrected or accepted as provided for in this Article. 12.2 Access to Work: The CITY and its Project Management representatives, testing agencies and governmental agencies with jurisdiction interests will have access to the Work at reasonable times for their observation, inspecting and testing. The CONTRACTOR shall provide proper and safe conditions for such access. 12.3 Tests and Inspections: 12.3.1 The CONTRACTOR shall give the Contracting Officer timely notice of readiness of the Work for all required inspections, tests or approvals. 12.3.2 If Regulatory Requirements of any public body having jurisdiction require any Work (or part thereof) to specifically be inspected, tested or approved, the CONTRACTOR shall assume full responsibility therefor, pay all costs in connection therewith and furnish the Contracting Officer the required certificates of inspection, testing or approval. The CONTRACTOR shall also be responsible for and shall pay all costs in connection with any inspection or testing required in connection with CITY's acceptance of a Supplier of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to the CONTRACTOR's purchase thereof for incorporation in the Work. The cost of all inspections, tests and approvals in addition to the above which are required by the Contract Documents shall be paid by the CONTRACTOR. The CITY may perform additional tests and inspections which it deems necessary to insure quality control. All such failed tests or inspections shall be at the CONTRACTOR's expense. 12.3.3 If any Work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of the Contracting Officer, it must, if requested by the Contracting Officer, be uncovered for observation. Such uncovering shall be at the CONTRACTOR's expense unless the CONTRACTOR has given the Contracting Officer timely notice of CONTRACTOR's intention to cover the same and the Contracting Officer has not acted with reasonable promptness in response to such notice. 12.3.4 Neither observations nor inspections, tests or approvals by the CITY or others shall relieve the CONTRACTOR from the CONTRACTOR's obligations to perform the Work in accordance with the Contract Documents. 12.4 Uncovering Work: 12.4.1 If any Work is covered contrary to the written request of the Contracting Officer, it must, if requested by the Contracting Officer, be uncovered for the Contracting Officer's observation and replaced at the CONTRACTOR's expense. 12.4.2 If the Contracting Officer considers it necessary or advisable that covered Work be observed inspected or tested, the CONTRACTOR, at the Contracting Officer's request shall uncover, expose or otherwise make available for observation, inspection or testing as the Contracting Officer may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is Defective, the CONTRACTOR shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) and the CITY shall be entitled to an appropriate decrease in the Contract Price. If, however, such Work is not found to be Defective, the CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both directly attribute to such uncovering, exposure, observation, inspection, testing and reconstruction. 12.5 CITY May Stop the Work: City of Seward Little League Field Project GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 34 119 SECTION 000700 - GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT If the Work is Defective, or the CONTRACTOR fails to supply suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed. Work will conform to the Contract Documents, the Contracting Officer may order the CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; 12.6 Correction or Removal of Defective Work: If required by the Contracting Officer, the CONTRACTOR shall promptly, as directed, either correct all Defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by the Contracting Officer, remove it from the site and replace it with Work which conforms to the requirements of the Contract Documents. The CONTRACTOR shall bear all direct, indirect and consequential costs of such correction removal (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby. 12.7 One Year Correction Period: If within one year after the date of Final Completion or such longer period of time as may be prescribed by Regulatory Requirements or by the terms of any applicable special guarantee required by the Contract Documents, any Work is found to be Defective, the CONTRACTOR shall promptly, without cost to the CITY and in accordance with the Contracting Officer's written instructions, either correct such Defective Work, or, if it has been rejected by the Contracting Officer, remove it from the site and replace it with conforming Work. If the CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, the CITY may have the Defective Work corrected or the rejected Work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) will be paid by the CONTRACTOR. In special circumstances where a particular item of equipment is placed in continuous service for the benefit of the CITY before Substantial Completion of all the Work, the correction period for that item may begin on an earlier date if so provided in the Specifications or by Change Order. Provisions of this paragraph are not intended to shorten the statute of limitations for bringing an action. 12.8 Acceptance of Defective Work Instead of requiring correction or removal and replacement of Defective Work, the Contracting Officer may accept Defective Work, the CONTRACTOR shall bear all direct, indirect and consequential costs attributable to the Contracting Officer's evaluation of and determination to accept such Defective Work (costs to include but not limited to fees charges of engineers, architects, attorneys, and other professionals). If any such acceptance occurs prior to final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and the CITY shall be entitled to an appropriate decrease in the Contract Price. If the CITY has already made final payment to the CONTRACTOR, an appropriate amount shall be paid by the CONTRACTOR or his Surety to the CITY. 12.9 CITY May Correct Defective Work: If the CONTRACTOR fails within a reasonable time after written notice from the Contracting Officer to proceed to correct Defective Work or to remove and replace rejected Work as required by the Contracting Officer in accordance with paragraph 12.6, or if the CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if the CONTRACTOR fails to comply with any other provision of the Contract Documents, the CITY may, after seven days' written notice to the CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph the CITY shall proceed expeditiously. To the extent necessary to complete corrective and remedial action, the Contracting Officer may exclude the CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend the CONTRACTOR's services related thereto, take possession of the CONTRACTOR's tools, appliances, construction equipment and machinery at the site City of Seward Little League Field Project GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 35 120 SECTION 000700 - GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT and incorporate in the Work all materials and equipment stored at the site or approved remote storage sites or for which the CITY has paid the CONTRACTOR but which are stored elsewhere, the CONTRACTOR shall allow the Contracting Officer and his authorized representatives such access to the site as may necessary to enable the Contracting Officer to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of the CITY in exercising such rights and remedies will be charged against the CONTRACTOR, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and the CITY shall be entitled to all appropriate decrease in the Contract Price. Such direct, indirect and consequential costs will include but not be, limited to fees and charges of engineers, architects; attorneys and other professionals, all court and arbitration costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of the CONTRACTOR's Defective Work. The CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by the Contracting Officer of the CITY's rights and remedies hereunder. ARTICLE 13 - PAYMENTS TO CONTRACTOR AND COMPLETION 13.1 Schedule of Values: The Schedule of Values established as provided in paragraph 6.6 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to the Contracting Officer. Progress payments on account of Unit Price Work will be based on the number of units completed. 13.2 Preliminary Payments: Upon approval of the Schedule of Values the CONTRACTOR may be paid for direct costs substantiated by paid invoices and other prerequisite documents required by the General Requirements. Direct costs shall include the cost of bonds, insurance, approved materials stored on the site or at approved remote storage sites, deposits required by a Supplier prior to fabricating materials, and other approved direct mobilization costs substantiated as indicated above. These payments shall be included as a part of the total Contract Price as stated in the Contract. 13.3 Application For Progress Payment The CONTRACTOR shall submit to the Contracting. Officer (or Project Manager if designated by the City) at least twenty days before the date established for each progress payment (but not more than once a month) for review an Application for Payment filled out and signed by the CONTRACTOR covering the Work completed as of the date of the Application for Payment and accompanied by such supporting documentation as is required by the Contract Documents, which shall include the quantity, location and completion date of the invoiced work. Progress payments will be made as the Work progresses on a monthly basis. 13.4 Review of Application for Progress Payment: Contracting Officer (or Project Manager) will either indicate in writing a recommendation of payment or return the Application for Payment to the CONTRACTOR indicating in writing the Contracting Officer's reasons for refusing to recommend payment. In the latter ease, the CONTRACTOR may make the necessary corrections and resubmit the Application for Payment. 13.5 Stored Materials and Equipment: If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, paid invoice or other documentation warranting that the CITY has received the materials and equipment free and clear of all charges, security interests and City of Seward Little League Field Project GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 36 121 SECTION 000700 - GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT encumbrances and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect the CITY's interest therein, all of which will be satisfactory to the Contracting Officer. No payment will be made for perishable materials that could be rendered useless because of long storage periods. No progress payment will be made for living plant materials until planted. 13.6 CONTRACTOR's Warranty of Title: The CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to the CITY no later than the time of payment free and clear of any claims, liens, security interest and furtherobligations. 13.7 Withholding of Payments: The CITY may withhold or refuse payment for any of the reasons listed below provided it gives written notice of its intent to withhold and of the basis for withholding: 13.7.1 The Work is Defective, or completed Work has been damaged requiring correction or replacement, or has been installed without approval of Shop Drawings, or by an unapproved Subcontractor, or for unsuitable storage of materials and equipment. 13.7.2 The Contract Price has been reduced by Change Order, 13.7.3 The CITY has been required to correct Defective Work or complete Work in accordance with paragraph 12.9. 13.7.4 The CITY's actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.2.1.a through 14.2.1.k inclusive. 13.7.5 Claims have been made against the CITY or against the funds held by the CITY on account of the CONTRACTOR's actions or inactions in performing this Contract, or there are other items entitling the CITY to a set off. 13.7.6 Subsequently discovered evidence or the results of subsequent inspections or test, nullify any previous payments for reasons stated in subparagraphs 13.7.1 through 13.7.5. 13.7.7 The CONTRACTOR has failed to fulfill or is in violation of any of his obligations under any provision of this Contract. 13.8 Retainage At any time the CITY finds that satisfactory progress is not being made it may in addition to the amount withheld under 13.7 retain a maximum amount equal to 10% of the total amount earned on all subsequent progress payments. This retainage may be released at such time as the Contracting Officer finds that satisfactory progress is being made. 13.9 Request for Release of Funds: If the CONTRACTOR believes the basis for withholding is invalid or no longer exists, immediate written notice of the facts and Contract provisions on which the CONTRACTOR relies, shall be given to the CITY, together with a request for release of funds and adequate documentary evidence proving that the problem has been cured. In the case of withholding which has occurred at the request of the Department of Labor, the CONTRACTOR shall provide a letter from the Department of Labor stating that withholding is no longer requested. Following such a submittal by the CONTRACTOR, the CITY shall have a reasonable time to investigate and verify the facts and seek additional assurances before determining whether release of withheld payments is justified. City of Seward Little League Field Project GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 37 122 SECTION 000700 - GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 13.10 Substantial Completion: When the CONTRACTOR considers the Work ready for its intended use the CONTRACTOR shall notify the Contracting Officer in writing that the Work or a portion of Work which has been specifically identified in the Contract Documents is substantially complete (except for items specifically listed by the CONTRACTOR as incomplete) and request that the CITY issue a certificate of Substantial Completion. Within a reasonable time thereafter, the Contracting Officer, the CONTRACTOR and appropriate Consultant(s) shall make an inspection of the Work to determine the status of completion. If the Contracting Officer does not consider the Work substantially complete, the Contracting Officer will within fourteen days execute and deliver to the CONTRACTOR a certificate of Substantial Completion with tentative list of items to be completed or corrected. At the time of delivery of the certificate of Substantial Completion the Contracting Officer will deliver to the CONTRACTOR a written division of responsibilities pending Final Completion with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties which shall be consistent with the terms of the Contract Documents. The CITY shall be responsible for all CITY costs resulting from the initial inspection and the first re - inspection, the CONTRACTOR shall pay all costs incurred by the CITY resulting from re -inspection, the CONTRACTOR shall pay all costs incurred by the CITY resulting from re -inspections, thereafter. 13.11 Access Following Substantial Completion: The CITY shall have the right to exclude the CONTRACTOR from the Work after the date of Substantial Completion, but the CITY shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. 13.12 Final Inspection Upon written notice from the CONTRACTOR that the entire Work or an agreed portion thereof is complete, the Contracting Officer will make a final inspection with the CONTRACTOR and appropriate Consultants and will notify the CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or Defective. The CONTRACTOR shall immediately take such measures as are necessary to remedy such deficiencies. The CONTRACTOR shall pay for all costs incurred by the CITY resulting from re -inspections. 13.13 Final Completion and Application for Payment: After the CONTRACTOR has completed all such corrections to the satisfaction of the Contracting Officer and delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of payment to all laborers, Subcontractors and Suppliers, certificates of inspection, marked -up record documents and other documents - all as required by the Contract Documents; and after the Contracting Officer has indicated in writing that the Work has met the requirements for Final Completion, and subject to the provisions of paragraph 13,17, the CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied by all certificates, warranties, guarantees, releases, affidavits, and other documentation required by the Contract Documents. 13.14 Final Payment: 13.14.1 If on the basis of the Contracting Offices observation of the Work during construction and final inspection, and the Contracting Officer's review of the final Application for Payment and accompanying documentation - all as required by the Contract Documents; and the Contracting Officer is satisfied that the Work has been completed and the CONTRACTOR's other obligations under the Contract Documents have been fulfilled, the CITY will process final Application for Payment. Otherwise, the Contracting Officer will return the Application for Payment to the CONTRACTOR, indicating in writing the reasons for refusing City of Seward Little League Field Project GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 38 123 SECTION 000700 - GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT to process final payment; in which case the CONTRACTOR shall make the necessary corrections and resubmit the final Application for Payment. 13.14.2 If, through no fault of the CONTRACTOR, Final Completion of the Work is significantly delayed, the Contracting Officer shall, upon receipt of the CONTRACTOR's final Application for Payment, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by the CITY for Work not fully completed or corrected is less than the retainage provided for in paragraph 13.8, and if bonds have been furnished as required in paragraph 5.1, the written consent of the Surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the CONTRACTOR to the CITY with the application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 13.15 Final Acceptance: Following certification of payment of payroll and revenue taxes, and final payment to the CONTRACTOR, the CITY will issue a letter of Final Acceptance upon request, releasing the CONTRACTOR from further obligations under the Contract, except as provided in paragraph 13.16. 13.16 CONTRACTOR's Continuing Obligation: The CONTRACTOR's obligation to perform and complete the Work and pay all laborers, Subcontractors, and materialmen in accordance with the Contract Documents shall be absolute. Neither any progress or final payment by the CITY, nor the issuance of a certificate of Substantial Completion, nor any use or occupancy of the Work or any part thereof by the CITY or Using Agency, nor any act of acceptance by the CITY no any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor any correction of Defective Work by the CITY will constitute an acceptance of Work not in accordance with the Contract Documents or a release of the CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents. 13.17 Waiver of Claims by CONTRACTOR The making and acceptance of final payment will constitute a waiver of all claims by the CONTRACTOR against CITY other than those previously made in writing and still unsettled. 13.18 No Waiver of Legal Rights: The CITY shall not be precluded or be estopped by any payment, measurement, estimate, or certificate made either before or after the completion and acceptance of the Work and payment therefor, from showing the true amount and character of the Work and payment therefore, performed and materials furnished by the CONTRACTOR, nor from showing that any payment, measurement, estimate or certificate and payment in accordance therewith, from recovering from the CONTRACTOR or his Sureties, or both, such damages as it may sustain by reason of his failure to comply with requirements of the Contract Documents. Neither the acceptance by the CITY, or any representative of the CITY, any payment for or acceptance of the whole or any part of the Work, nor any extension of the Contract Time, any possession taken by the CITY, shall operate as a waiver of any portion of the Contract or of any power herein reserved, or of any right to damages. A waiver by the CITY of any breach of the Contract shall not be held be a waiver of any other subsequent breach. ARTICLE 14 — SUSPENSION OF WORK, DEFAULT AND TERMINATION 14.1 CITY May Suspend Work: 14.1.1 The CITY may, at any time, suspend the Work or any portion thereof by notice in writing to the CONTRACTOR. If the Work is suspended without cause the CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any City of Seward Little League Field Project GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 39 124 SECTION 000700 - GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT suspension, if the CONTRACTOR makes an approved claim therefore as provided in Article 15. However, no adjustment is due to the fault or negligence of the CONTRACTOR, or that suspension in necessary for Contract compliance, or that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the CONTRACTOR. 14.1.2 In case of suspension of Work, the CONTRACTOR shall be responsible for preventing damage to or loss any of the Work already performed and of all materials whether stored on or off the site or approved remote storage sites. 14.2 Default of Contract. 14.2.1 If the CONTRACTOR: a. Fails to begin the Work under the Contract within the time specified in the Proposal, or b. Fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workmen or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 6.6 as revised from time to time), or C. Performs the Work unsuitably or neglects or refuses to remove materials or to correct Defective Work. d. Discontinues the prosecution of the Work, or e. Fails to resume Work which has been discontinued within a reasonable time after notice to do so, or f. Becomes insolvent, except that if the CONTRACTOR declares bankruptcy termination shall be in accordance with 111 U.S.C. 362 and/or 11 U.S.C. 365. In the event the CONTRACTOR declares bankruptcy the CONTRACTOR agrees that the Contract will be assumed or rejected in a timely manner so that Contract will be completed by the date specified in the Contract. g. Allows any final judgment to stand against him unsatisfied for period of 60 days, or Makes an assignment for the benefit of creditors without the consent of the Contracting Officer, or Disregards Regulatory Requirements of any public body having jurisdiction, or Otherwise violates in any substantial way any provisions of the Contact Documents, or For any cause whatsoever, fails to carry on the Work in an acceptable manner, the Contracting Officer may give notice in writing to the CONTRACTOR and his Surety of such delay, neglect, or default. 14.2.2 If the CONTRACTOR or Surety, within the time specified in the above notice of default, shall not proceed in accordance therewith, then the CITY may, upon written notification from the Contracting Officer of the fact of such, delay, neglect or default and the CONTRACTOR's failure to comply with. such notice have full power and authority without violating the Contract, to take the prosecution of the Work out of the hands of the CONTRACTOR. The CITY may terminate the services of the CONTRACTOR, exclude the CONTRACTOR from the site and take possession of the Work and of all the CONTRACTOR's tools, appliances, construction equipment and machinery at the sire and use the same to the full extent they could be used by the CONTRACTOR (without liability to the CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which the CITY has paid the CONTRACTOR but which are stored elsewhere, and finish the Work as the CITY may deem expedient. The CITY may enter into an agreement for the completion of said Contract City of Seward Little League Field Project GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 40 125 SECTION 000700 - GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT according to the terms and provisions thereof, or use such other methods that in the opinion of the Contracting Officer are required for the completion of said Contract in an acceptable manner. 14.2.3 The Contracting Officer may, by written notice to the CONTRACTOR and his Surety or his representative, transfer the employment of the Work from the CONTRACTOR to the Surety, or if the CONTRACTOR abandons the Work undertaken under the Contract, the Contracting Officer may, at his option with written notice to the Surety and without any written notice to the CONTRACTOR, transfer the employment for said Work directly to the Surety. The Surety shall submit its plan for completion, to the CITY for approval prior to beginning completion of the Work. Approval of such contracts shall be in accordance with all applicable requirements and procedures for approval of subcontracts as stated in the Contract Documents. 14.2.4 Upon receipt of the notice terminating the services of the CONTRACTOR, the Surety shall enter upon the premises and take possession of all materials, tools, and appliances thereon for the purpose of completing the Work included under the Contract and employ by contract or otherwise any person or persons to finish the Work and provide the materials therefor, without termination of the continuing full force and effect of this Contract. In case of such transfer of employment to the Surety, the Surety shall be paid in its own name on estimates covering Work subsequently performed under the terms of the Contract and according to the terms thereof without any right of the CONTRACTOR to make any claim for the same or any part thereof. 14.2.5 If the Contract is terminated for default, the CONTRACTOR and the Surety shall be jointly and severally liable for damages for delay as provided by Article 11.8, and for the excess cost of completion, and all costs and expenses incurred by the CITY in completing the Work or arranging for completion of the Work, including but not limited to costs of assessing the Work to be done, costs associated with advertising, soliciting or negotiating for bids or proposals for completion, and other reprocurement costs. Following termination the CONTRACTOR shall not be entitled to receive any further balance of the amount to be paid under the Contract until the Work is fully finished and accepted, at which time if the unpaid balance exceeds the amount due the CITY and any amounts due to persons for whose benefit the CITY has withheld funds, such excess shall be paid by the CITY to the CONTRACTOR. If the damages, costs, and expenses due the CITY exceed the unpaid balance, the CONTRACTOR and his Surety shall pay the difference. 14.2.6 If, after notice of termination of the CONTRACTOR's right to proceed under the provisions of this clause, it is determined for any reason that the CONTRACTOR was not in default under the provisions of this clause, or that the delay was excusable under the provisions of this clause, or that termination was wrongful, the rights and obligations of the parties shall be determined in accordance with the clause providing for convenience termination. 14.3 Rights or Remedies: Where the CONTRACTOR's services have been so terminated by the CITY, the termination will not affect any rights or remedies of the CITY against the CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due the CONTRACTOR by the CITY will not release the CONTRACTOR from liability. 14.4 Convenience Termination: 14.4.1 The performance of the Work may be terminated by the CITY in accordance with this section in whole or in part whenever, for any reason the Contracting Officer shall determine that such termination is in the best interest of the CITY. Any such termination shall be effected by delivery to the CONTRACTOR of a "Notice of Termination," specifying termination -is for the convenience of the CITY the extent to which performance of Work is terminated, and the date upon which such termination becomes effective. Immediately upon receipt of a "Notice of Termination" and except as otherwise directed by the Contracting Officer, the CONTRACTOR shall: City of Seward Little League Field Project GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 41 126 SECTION 000700 - GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT a. Stop Work on the date and to the extent specified in the "Notice of Termination"; b. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the Work as is not terminated; C. Terminate all orders and subcontracts to the extent that they relate to the performance of Work terminated by the "Notice of Termination." d. With the written approval of the Contracting Officer, to the extent he may require, settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, the costs which would be reimburse, in whole, or in part in accordance with the provisions of the Contract; e. Submit to the Contracting Officer a list, certified as to quantity and quality, of any or all items of termination inventory exclusive of items the disposition of which had been directed or authorized by the Contracting Officer; f. Transfer to the Contracting Officer the completed or partially completed record drawings, Shop Drawings, information, and other property which, if the Contract had been completed, would be required to be furnished to the CITY; g. Take such action as may be necessary, or as the Contracting Officer may direct, for the protection and preservation of the property related to the Contract which is in the possession of the CONTRACTOR and in which the CITY has or may acquire any interest. The CONTRACTOR shall proceed immediately with the performance of the above obligations 14.4.2 When the CITY orders termination of the Work effective on a certain date, all Work in place as of that date will be paid for in accordance with Article 13 of the Contract. Materials required for completion and on hand but not incorporated in the Work will be paid for at invoice cost plus 15% with materials becoming the property of the CITY or the CONTRACTOR may retain title to the materials and be paid an agreed upon lump sum. Materials on order shall be canceled, and the CITY shall pay reasonable factory cancellation charges with the option of taking delivery of the materials in lieu of payment of cancellation charges. The CONTRACTOR shall be paid 10% of the cost, freight not included, of materials canceled, and direct expenses only for CONTRACTOR chartered freight transport which cannot be canceled without charges, to the extent that the CONTRACTOR can establish them. The extra costs due to cancellation of bonds and insurances and that part of job start-up and phase -out costs not amortized by the amount of Work accomplished shall be paid by the CITY. Charges for loss of profit or consequential damages shall not be recoverable except as provided above. 14.4.3 The termination claim shall be submitted promptly, but in no event later than 90 days from the effective date of termination, unless one or more extensions in writing are granted by the Contracting Officer upon request of the CONTRACTOR made in writing within the 90 day period. Upon failure of the CONTRACTOR to submit his termination claim within the time allowed, the Contracting Officer may determine, on the basis of information available to him, the amount, if any, due to the CONTRACTOR by reason of the termination and shall thereupon pay to the CONTRACTOR by reason of the termination and shall pay to the CONTRACTOR the amount determined as follows: a. All costs and expenses reimbursable in accordance with the Contract not previously paid to the CONTRACTOR for the performance of the Work prior to the effective date of the "Notice of Termination," b. So far as not included under "a" above, the cost of settling and paying claims arising out of the termination of the Work under subcontracts or orders which are properly chargeable to the terminated portions of the Contract; City of Seward Little League Field Project GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 42 127 SECTION 000700 - GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT C. The reasonable costs of settlement with respect to the terminated portion of the Contract heretofore, to the extent that these costs have not been covered under the payment provisions of the Contract. 14.4.4 The CONTRACTOR shall have the right of appeal under the CITY's claim procedures, as defined in Article 15, for any determinations made by the Contracting Officer, except if the CONTRACTOR has failed to submit his claim within the time provided and has failed to request extension of such time, CONTRACTOR shall have no such right of appeal. In arriving at the amount due the CONTRACTOR under this section, there shall be deducted: a. All previous payments made to the CONTRACTOR for the performance of Work under the Contract prior to termination; b. Any claim for which the CITY may have against the CONTRACTOR; C. The agreed price for, or the proceeds of sale of, any materials, supplies, or other things acquired by the CONTRACTOR or sold pursuant to the provisions of this section and not otherwise recovered by or credited to the CITY; and, d. All progress payments made to the CONTRACTOR under the provisions of this section. 14.4.5 Where the Work has been terminated by the CITY said termination shall not affect or terminate any of the rights of the CITY against the CONTRACTOR or his Surety then existing or which may thereafter accrue because of such default. Any retention or payment of monies by the CITY due to the CONTRACTOR under the terms of the Contract shall not release the CONTRACTOR or his Surety from liability. Unless otherwise provided far in the Contract Documents, or by applicable statute, the CONTRACTOR, from the effective date or termination and for a period of three years after final settlement under this Contract, shall preserve and make available to the CITY at all reasonable times at the office of the CONTRACTOR, all its books, records, documents, and other evidence bearing on the cost and expenses of the CONTRACTOR under his Contract and relating to the Work terminated hereunder. /_101[a]I= ffi�'me1W_11LTA Iy_1►19791R]all I= 15.1 Notification In addition to the notice requirements set out elsewhere in this Contract, if the CONTRACTOR becomes aware of any act or occurrence which may form the basis of a claim by the CONTRACTOR for additional compensation or an extension of time for performance, or if any dispute arises regarding a question of fact or interpretation of the Contract, the CONTRACTOR shall immediately inform the Project Manager. If the matter cannot be resolved by agreement within 7 days, the CONTRACTOR shall, within the next 14 days, submit an "Intent to Claim" in writing to the Project Manager. The claim, if not resolved, shall be presented to the Project Manager, in writing, within 60 days following receipt of the "Intent to Claim." Receipt of the claim will be acknowledged in writing by the Project Manager. The CONTRACTOR agrees that unless these written notices are provided, the CONTRACTOR will have no entitlement to additional time or compensation for such act, event or condition. The CONTRACTOR shall in any case continue diligent performance of the Contract. 15.2 Presenting Claim: The claim shall specifically include the following: 15.2.1 The act, event or condition giving rise to the claim. City of Seward Little League Field Project GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 43 128 SECTION 000700 - GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 15.2.2 The Contract provisions which apply to the claim and under which relief is provided. 15.2.3 The item or items of Contract Work affected and how they are affected. 15.2.4 The specific relief requested, including contract time if applicable, and the basis upon which it was calculated. 15.3 Claim Validity, Additional Information, and Project Manager's Actions: The claim, in order to be valid, must not only show that the CONTRACTOR suffered damages or delay but that those conditions were actually a result of the act, event or condition complained of and that the Contract provides entitlement to relief to the CONTRACTOR for such act, event, or condition. The Project Manager reserves the right to make written request to the CONTRACTOR at any time for additional information which the CONTRACTOR may possess relative to the claim. The CONTRACTOR agrees to provide the Project Manager such additional information within 30 days of receipt of such a request. Failure to furnish such additional information may be regarded as a waiver of the claim. The claim, if not resolved by agreement within 60 days of its receipt, will automatically be forwarded to the Contracting Officer for formal written decision. 15.4 Contracting Officer's Decision: The CONTRACTOR will be furnished the Contracting Officer's decision within the next 90 days, unless additional information is requested by the Contracting Officer. The Contracting Officer's decision is final and conclusive unless fraudulent as to the claim. 15.5 Notice of Appeal Within 30 days of receipt of the decision the CONTRACTOR may deliver a "Notice of Appeal" to the City Manager. The notice shall include specific exceptions to the Contracting Officer's decision, including specific provisions of the Contract, which the CONTRACTOR intends to rely upon in the appeal. General assertions that the Contracting Officer's decision is contrary to law or to fact are not sufficient. 15.6 City Manager's Decision: The decision of the City Manager will be rendered within 120 days of "Notice of Appeal." This decision constitutes the exhaustion of contractual and administrative remedies. The time limits given above may only be extended by mutual consent. The decision of the City Manager shall be final and conclusive unless the CONTRACTOR commences action through the court within 120 days from receipt thereof. City of Seward Little League Field Project GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 44 129 w A r m a 3 38' Retaining wall, fencing, and railing. q c st 33Nc st 91' ff 1 FG a" a r 4, �"1'i'� .. .._ Sponsored by: Meszaros Postponed: October 26, 2020 CITY OF SEWARD, ALASKA RESOLUTION 2020-086 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, REVISING MUNICIPAL CAMPING FEES WHEREAS, Seward Parks & Recreation conducts periodic reviews of municipal camping fees to ensure rates are set appropriately in relation to community values and the department's financial and service delivery goals; and WHEREAS, per Seward City Code § 7.15.010, "Fees for camping in municipal campgrounds shall be set by resolution of the City Council". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council hereby approves the Municipal Camping Fees as follows: SITE SUMMER WINTER Premium RV $50 N/A Partial Hookup (Water/Electric) $45 $25 RV Dry $30 $15 Tent $20 N/A Section 2. Fees are inclusive of sales tax at the prevailing rate. Section 3. This resolution shall take effect ten (10) days following its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 26t' day of October, 2020. AYES: NOES: ABSENT: ABSTAIN: THE CITY OF SEWARD, ALASKA Christy Terry, Mayor 139 AGENDA STATEMENT Meeting Date: October 26, 2020 To: City Council From: Scott Meszaros, City Manager Through: Tyler Florence, Director of Parks & Recreation Agenda Item: Revising Municipal Camping Fees BACKGROUND & JUSTIFICATION: Seward Parks & Recreation conducts periodic reviews of municipal camping fees to ensure rates are set appropriately in relation to community values and the department's financial and service delivery goals. Per Seward City Code § 7.15.010, "Fees for camping in municipal campgrounds shall be set by resolution of the City Council." To aid the decision -making process, included herein is market data compiled from similarly situated campground providers offering comparable services, as well as information on cost recovery methodologies commonly used by park and recreation agencies. COST RECOVERY There are a number of factors to consider when setting rates. As a publicly financed park and recreation agency, Seward Parks & Recreation provides basic services to the public at no charge. In order to supplement tax revenue and regulate park use, it is appropriate and necessary to establish fees and other cost recovery practices. The level of cost recovery is based primarily on who benefits from the service provided. Services that benefit the community as a whole are funded mainly through taxpayer dollars. Examples of services that provide broad community benefits include hiking and biking trails, parks, picnic areas, playgrounds, and greenspace. As services increasingly benefit individuals or a limited group of people, it is appropriate to recover costs through fees at an increasing rate. Examples of services that primarily benefit individuals or limited groups include ones offered on an exclusive basis, such as campsite rentals and concession sales. A cost recovery pyramid (Figure 1) is typically used to help illustrate this pricing approach. 140 y_ e iderahie boa¢ 7itidiwidual $,et 4 Individual uninBeanef�tt Considerable Ca7777]k4 G Mostly Co mmunity Benefit Figure 1 — Cost Recovery Pyramid The ultimate goal of these pricing strategies is sustainability, or the ability to provide programs and services on an ongoing basis with sufficient funding and community support. PRICING CONSIDERATIONS Additional factors to consider when establishing fees: • Available resources o Staffing o Facilities • Impact on demand o What price points are customers sensitive to? a Secondary impacts, e.g., impact on visitor traffic at local businesses • Ability to pay o Does it create a hardship on specific users? • Service level expectations o Higher prices lead to higher expectations • Comparable Market Rates MARKET RESEARCH Another pricing method commonly used when establishing rates is price benchmarking. Price benchmarking means comparing your prices to comparable providers within the same market segment. See tables below for a comparison of average regional campgrounds rates and our rates (refer to Alaska Campground Rates attachment for full breakdown). This survey was unable to capture sufficient data points to establish average winter rates. 141 REGIONAL AVERAGE NIGHTLY CAMPING FEES j SITE TYPE I PEAK SEASON Full Hookup Water/Electric/Sewer) $60 Partial Hookup (Water/Electric) $51 RV D $36 Tent $34 See "Alaska Campground Rates" attach meat forf dl breakdown. CURRENT SEWARD NIGHTLY CAMPING FEES SITE TYPE SUMMER WINTER Partial Hookup Water/Electric) $40 $20 RV D $20 $5 Tent $1 Q N/A Fees are inclusive of sales tax at the prevailing rate. RECOMMENDATIONS: Recommendation #1: Revise rates as follows: PROPOSED SEWARD NIGHTLY CAMPING FEES SITE TYPE SUMMER WINTER Premium RV $50 NIA Partial Hookup (Water/Electric) $45 $25 RV D $30 $15 Tent $20 N/A Recommendation #2. Establish a "Premium RV" price tier. Based on demand patterns, we recommend creating a "Premium RV" site designation in order to account for the significant increased demand for sites that are otherwise identical in type, save for highly sought-after amenities such as location on the waterfront, larger space, etc. INTENT: Revise municipal camping fees based on the data and recommendations Provided herein CONSISTENCY CHECKLIST: Yes No NIA Comprehensive Plan (2030, approved by Council May 30, 2017): 3.6.1.1 Improve existing and develop additional recreational X infrastructure. Strategic Plan (Approved by Council Resolution 99-043): Provide diverse, year-round, indoor and outdoor recreation X facilities...( .3) Other (list): 142 FISCAL NOTE: Based on 2019 camper nights, implementing the proposed fee schedule (including the Premium RV price tier) would increase revenue approximately $396,483 or 45% Implementing the proposed fee schedule, minus the Premium RV price tier, would increase revenue approximately $355,233 or about 401--�. Approved by Finance Department: ATTORNEY REVIEW: Yes — No Not Applicable RECOMMENDATION: Approve Resolution 2020. _ _ , to revise the municipal camping fees. 143 a; a) m Y � U O I� — Ln ai vLn N � 2 a) o a) OLL Ln — Ln Q LLn n m Ln 00 o U tn U 00 o Ln Lri o v� F v� V)- Q1 Q1 O Ln 00 N o Ln a) a) {/} 'E 0Ln 2 2 2 2 2 2 2 N 2 2 N Z ILL 1 21 1 1a LL LL LL LL D_ LL � LL LLtn Ln I, O N O N I, 00 Ln Ln 00 Ln Ln I, a) 00 Ln Ln �t to t.5 �t oo r, r, Ln oo Ln Ln .o Ln �t Ln Ln Q 7 Y 0 0 S w LL Q. 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Campground Alice Boulder Forest Acres Harborside Iditarod Marathon Resurrection Resurrection South Spring Creek Williams Ballaine Blvd Ballaine Blvd 2305 Dimond Blvd 111841h Ave Railway Ave Ballaine Blvd 420 Ballaine Blvd Ballaine Blvd Nash Road Ballaine Blvd RV Dry/Tent RV Dry/Tent RV Dry/Tent RV Dry RV Dry RV Dry RV Partial Hookup/Tent RV Partial Hookup/RV Dry/Tent RV Dry/Tent Tent *$tonight S51night Closed Closed Closed Closed No No No No No No Yes Yes No No City of Seward, Alaska City Council Special Meeting Minutes November 4, 2020 Volume 41, Page CALL TO ORDER The November 4, 2020 special meeting of the Seward City Council was called to order at 5:30 p.m. by Mayor Christy Terry. OPENING CEREMONY Vice Mayor Tony Baclaan led the Pledge of Allegiance to the flag. ROLL CALL There were present: Christy Terry presiding and Sue McClure John Osenga Sharyl Seese comprising a quorum of the Council; and Norm Regis, Acting City Manager Stephen Sowell, Assistant City Manager Brenda Ballou, City Clerk Jessica Stallard, Deputy City Clerk Excused — None Absent — None Tony Baclaan Liz DeMoss Ristine Casagranda (telephonically) CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING The City of Seward is currently experiencing a declared public health emergency due to Corona -virus Disease 2019 (COVID-19), so alternate methods forproviding Citizen Comments were created. Unless otherwise noted, the following Citizen Comments were submitted in advance and read into the record by the City Clerk: Carol Griswold was disappointed in the candidate selection and vetting performed by GovHR for the last city manager recruitment. She suggested that council ask Homer for the list of questions that they used to interview their city manager candidates. She suggested that the city use Zoom as an interview tool. Lynda Paquette (telephonically) congratulated the new council members and Vice Mayor Tony Baclaan. She thanked the new council members for being prepared to get to work at their first meeting. She was in favor of Norm Regis serving as Acting City Manager until a permanent city manager was hired. City of Seward, Alaska City Council Special Meeting Minutes November 4, 2020 Volume 41, Page APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Baclaan/Seese) Approval of Agenda and Consent Agenda Motion Passed Unanimous There were no consent agenda items. NEW BUSINESS Other New Business Discuss the recruitment of a new permanent City Manager. Council appointed Norm Regis to serve as Acting City Manager until a new permanent city manager was hired. Council directed the clerk to rehire GovHR to search for a new permanent city manager. In response to Terry, Assistant City Manager Stephen Sowell said personnel had asked GovHR what they would charge to recruit a Finance Director. In response to Baclaan, City Clerk Brenda Ballou said all of the hiring for the city manager position was completed by GovHR two years ago. The city could have the position posted on the city website with a link directing applicants to GovHR's website. CITIZEN COMMENTS Lynda Paquette thanked council for their hard work. She said the 2019 discussions on hiring the permanent city manager were available on the Seward Civic Engagement Facebook page. She believed the termination of Former City Manager Scott Meszaros was long overdue. She hoped the next city manager would listen to everyone and communicate with everyone. She suggested that job descriptions be emailed to the clerk distribution list. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS DeMoss thanked Acting City Manager Norm Regis and Assistant City Manager Stephen Sowell. McClure was happy that Regis was serving as Acting City Manager. She was excited to see what possibilities a new city manager would bring to Seward. `ElfA City of Seward, Alaska City Council Special Meeting Minutes November 4, 2020 Volume 41, Page Baclaan appreciated Regis' hard work and Sowell's responsiveness. He asked everyone to be kind to one another. Terry thanked Regis and Sowell. She was sad to hear about the passing of Kevin Schuster from Safeway. Casagranda left the meeting at 6:02 p.m. EXECUTIVE SESSION Motion (Terry/Baclaan) Motion Passed Go into Executive Session regarding the Jesse Lee Home, per SCC 2.10.010(b)(3) matters pertaining to threatened or pending litigation. Unanimous Acting City Manager Norm Regis and Assistant City Manager Stephen Sowell were asked to remain. City Attorney Brooks Chandler and Finance Director Sam Hickok were called to attend the executive session. Council went into executive session at 6:02 p.m. Council came out of executive session at 6:17 p.m. ADJOURNMENT The meeting was adjourned at 6:17 p.m. Jessica Stallard, CMC Deputy City Clerk (City Seal) Christy Terry Mayor 148 City of Seward, Alaska City Council Meeting Minutes November 9, 2020 Volume 41, Page CALL TO ORDER The November 9, 2020 regular meeting of the Seward City Council was called to order at 7:02 p.m. by Mayor Christy Terry. OPENING CEREMONY Lieutenant Alan Nickell led the Pledge of Allegiance to the flag. ROLL CALL There were present: Christy Terry presiding and Sue McClure John Osenga Sharyl Seese comprising a quorum of the Council; and Tony Baclaan Liz DeMoss Ristine Casagranda (telephonically) Norm Regis, Acting City Manager Stephen Sowell, Assistant City Manager Jessica Stallard, Acting City Clerk Excused — None Absent — None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING — None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Baclaan/McClure) Approval of Agenda and Consent Agenda Terry postponed Resolution 2020-083 to the November 23, 2020 council meeting. Terry added Resolution 2020-087 to the consent agenda. Motion Passed Unanimous The clerk read the following approved consent agenda items: Resolution 2020-087, Authorizing The City Manager To Purchase 2020 Chevrolet 1-Ton 4x4 Truck From Alaska Sales And Service, And Accessory Equipment, To Replace A 2004 Dodge 3/4 Ton Truck, For A Total Amount Of $48,743.63, And Appropriating Funds. 149 City of Seward, Alaska City Council Meeting Minutes November 9, 2020 Volume 41, Page Resolution 2020-088, Authorizing The Seward Police Department To Accept Grant Funds As Reimbursement For Personal Protective Equipment (PPE) And Professional Sanitization Of The Seward Community Jail From The Alaska Department Of Public Safety FY 2020 Coronavirus Emergency Supplemental Funding Program In The Amount Of $1,607.27, And Appropriating Funds. Resolution 2020-089, Accepting Grant Funds From The Alaska State Library For The Public Library Assistance Grant In The Amount Of $7,000, And Appropriating Funds. Resolution 2020-090, Authorizing Signatures For All City Bank Accounts And Rescinding All Previous Resolutions In Conflict Herewith. Resolution 2020-091, Appointing Harbormaster Norm Regis As Acting City Manager Beginning October 27, 2020 And Ending December 15, 2020, With The Option To Extend As Necessary. Approval of the October 26, 2020 Regular Meeting Minutes. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards — None BoroughKenn Carpenter did not provide a report. City Manager Report. Acting City Manager Norm Regis reported the following purchase orders between $5,000 and $50,000 had been approved by the City Manager since the last council meeting: $6,680 to Electric for Ft. Raymond & Lawing troubleshooting & SMIC planning; $11,550 to Electric for Basler DECS-250 voltage regulators; $7,900 to Electric for large streetlights; $11,560 to Public Works for Loader 9116 repair; $10,500 to Administration for city-wide job description update (approx. 70) to coincide with wage study; $13,300 to Public Works for Flood response: Lowell Point Rd. clearing, rockslide, and waterfall; and $5,800 to Library for LED lighting conversion. Regis said the Planning and Zoning Commission would be holding a work session on November 17, 2020 at 6:00 p.m. to discuss the Jesse Lee Home. Community Development will be sending out a survey through the clerk's office this week, as well as instructions on how to participate in the work session. The Boys and Girls Club will be hosting a virtual online auction on Saturday, November 14, 2020. Assistant City Manager Stephen Sowell recommended that council hold off on contracting with GovHR to recruit a Finance Director for a month. Applications had been received from two qualified applicants since the job description was changed for the Finance Director position. In response to McClure, Public Works Director Doug Schoessler said a notice for winter parking would be in the City Manager Report for the November 23, 2020 meeting. ` 11 City of Seward, Alaska City Council Meeting Minutes November 9, 2020 Volume 41, Page In response to Baclaan, Regis said GovHR would be looking for a permanent city manager but not a Finance Director at this time. Terry said GovHR provided council with a job description for the city manager, an ad source list, and a timeline for hiring a permanent city manager. Council created a committee consisting of Mayor Terry, and Council Members DeMoss and Casagranda to review the documents provided by GovHR for recruiting a permanent city manager; Council Member McClure will be an alternate. In response to Terry, Regis said the Police Chief position would be advertised starting November 10, 2020 and applications for this position would be sent to Assistant City Manager Stephen Sowell. In response to DeMoss, Terry said Lieutenant Nickell was serving as the Acting Police Chief. In response to Osenga, Regis said it was illegal for council to approve the Police Chief position. Terry strongly disagreed; she said council hiring the Police Chief was legal and allowed in the City Code. Other Reports and Announcements Port & Commerce Advisory Board (PACAB) Annual Report by Chair Laura Schneider. Chair Laura Schneider said the Climate Action Plan committee would be having a reorganization meeting on November 10, 2020 at 6:00 p.m. This meeting would be hosted by the Chamber of Commerce on Zoom. The board would be bringing forward an updated resolution to council on the heat pump rebate program. Three board members were registered to attend the virtual Alaska Municipal League (AML) conference. The board will be hosting an energy workshop later this year. In response to Terry, Schneider said the board would be revisiting the high vessel tax next year and keeping this topic on their priorities list. Planning & Zoning Commission (P & Z) Annual Report. Vice Chair Tom Swann said the commission's main focus for the beginning of 2020 was reviewing the 2030 Comprehensive Plan. Three meetings were missed due to COVID and meetings resumed in June, 2020. The commission worked with the Seward Bear Creek Flood Service Area Board on waterfront revitalization and sediment management at Japanese Creek. The commission held their first joint work session with the Historic Preservation Commission on November 3, 2020 on the Downtown Historic District. Planning & Zoning approved one variance, three conditional use permits, and land use and zoning amendments this year. The commission brought forward one code change for the Communications Towers and a resolution renaming Rush Loop to Dunham Drive. In response to McClure, Swann said there was one vacancy on the commission. In response to Baclaan, Swann said sediment could be moved down to the beach with proper permitting. Public Works Director Doug Schoessler said there was a cost associated with moving sediment and Public Works partners with other entities to move it. IN City of Seward, Alaska City Council Meeting Minutes November 9, 2020 Volume 41, Page In response to Terry, Swann said the November 17, 2020 work session topic was discussing options for the Jesse Lee Home property. Presentations — None PUBLIC HEARINGS — None NEW BUSINESS Other New Business Items Schedule a work session with US Army Corps of Engineers regarding the Lowell Canyon Feasibility Study. The work session with the US Army Corps of Engineers regarding the Lowell Canyon Feasibility Study was scheduled on December 7, 2020 at 6:00 p.m. Discuss Port & Commerce Advisory Board recommendation for reporting on Interconnect Policy. Council directed the Acting City Manager to provide periodic updates on the Interconnect Policy Implementation. Schedule a work session to review and discuss the Water & Sewer Rate Study results. Training sessions to discuss the water and sewer rate study results with Public Works Director Doug Schoessler were scheduled on November 12, 2020. The work session to review and discuss the water and sewer rate study results was scheduled on December 9, 2020 at 5:30 p.m. Discuss safety on the Seward Highway — Turnagain Pass Plowing Initiative. Council directed the Acting City Manager to sign the initiative seeking expanded plowing services in Turnagain Arm. INFORMATIONAL ITEMS AND REPORTS City Clerk's Report on Public Records Requests through November 3, 2020. CITIZEN COMMENTS — None COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS WN City of Seward, Alaska City Council Meeting Minutes November 9, 2020 Volume 41, Page DeMoss said the Alaska Sealife Center was free on Thursdays for Alaska residents. She attended the joint work session with Planning and Zoning and the Historic Preservation Commission on November 3, 2020. She was excited to serve as the liaison for the Planning & Zoning Commission. She attended this week's Newly Elected Officials (NEO) virtual conference. Osenga thanked the Port & Commerce Advisory Board and Planning & Zoning Commission for their reports. He asked everyone to take care of themselves and others, wear masks, and social distance, because there are active COVID cases in Seward. Seese thanked everyone for their hard work. She was looking forward to the training on the water and sewer rates. Casagranda was approached by the author of the book, "Seward Sauerdough Kid", when she was out of state and asked to review his book. She strongly recommended this book. McClure thanked the boards and commissions for their reports. She was excited to move forward with council's projects. Baclaan thanked Sowell and Regis for their hard work. Small Business Start -Up Week was November 16-20, 2020 and Shop Small Weekend was November 27-29, 2020. The Climate Action Plan meeting was November 10, 2020 at 6:00 p.m. Terry encouraged everyone to reach out and volunteer this holiday season. She thanked the boards and commissions for their reports. She said in code, there was the ability for council to approve certain positions, such as the Finance Director, the Police Chief, and the Fire Chief. She did not want to see council going against the public's trust. ADJOURNMENT The meeting was adjourned at 8:15 p.m. Jessica Stallard, CMC Acting City Clerk (City Seal) Christy Terry Mayor 153 AGENDA STATEMENT Meeting Date: November 23, 2020 From: Jessica Stallard, Deputy City Clerk T S. Agenda Item: Liquor License Renewal BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the request for a liquor license renewal for the following business: Ray's Waterfront Bar & Grill Beverage Dispensary— Seasonal License #2790 The City of Seward Police Department, Fire Department, Utilities Department, Leases Department, and the Kenai Peninsula Borough Finance Department have no objections to the liquor license renewal for this business. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license renewals, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Non -objection to the liquor license renewal for Ray's Waterfront Bar & Grill, License #2790, Beverage Dispensary— Seasonal. 154 MEMORANDUM Date: November 6, 2020 To: Naneth Ambrosiani Finance/Leases Jeremy Rogers. Finance/Public Utilities Lt. Alan Nickell Police Department Chief Clinton Crites Fire Department From: Jessica Stallard, Acting City Clerk RE: Verifying Compliance for the Renewal of Liquor License The following business has applied for a renewal of their liquor license. Please review for compliance with all utilities, lease payments and assessments. Thank you. Name of Business: Ray's Waterfront Bar & Grill Licensee: Janaska Corporation Type of License: Beverage Dispensary — Seasonal License Number: 2790 Department Status Initials Finance/Leases ,, i�`� f I ��41, � � it 11 Igj V Finance/Utilities l,oM 1"*+— Police Chief it . Fire Chief Co► fi an * Deadline for Protest: January 5, 2021 I cl l h W r1 MI. THE STATE 01ALASKA GOVERNOR MIKE DUNI FIAV1 November 6, 2020 Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE 550 West 71" Avenue, Suite 1600 Anchorage, AK 99S01 Main: 907.269.0350 City of Seward Kenai Peninsula Borough Via Email: clerk_@cityofseward.net; bbailou@cityofseward.net; iblankenship@kpb.us; Dhenry@kpb.us JRodgers@kpb.us ; SNess@kpb.us; 6oanne@borough.kenai.ak.us ;tshassetz@kpb.us Re: Notice of Liquor License Renewal Application License Community DBA Type City Borough Number Council Kenai Peninsula Seward NONE 2790 Ray's Waterfront Beverage Dispensary - gar & Grill Seasonal Borough We have received a completed renewal application for the above listed license (see attached application documents) within your jurisdiction. This is the notice required under AS 04.11.480. A local governing body may protest the approval of an application(s) pursuant to AS O4.11.480 by furnishing the director and the applicant with a clear and concise written statement of reasons for the protest within 60 days of receipt of this notice, and by allowing the applicant a reasonable opportunity to defend the application before a meeting of the local governing body, as required by 3 AAC 304.145(d). If a protest is filed, the board will deny the application unless the board findsthat the protest is arbitrary, capricious, and unreasonable. To protest the application referenced above, please submit your written protest within 60 days, and show proof of service upon the applicant and proof that the applicant has had a reasonable opportunity to defend the application before a meeting of the local governing body. Sincerely, 1�� /VZ-4- Glen Klinkhart, Director amco.localgovernmentonly@alaska.gov `W7: `got, & .M,-J/j* r . .r AMCO 11lgo 1. 00, Alcohol and Marijuana Control Office 550 W 7th Avenue, Suite 1600 Anchorage, AK 99501 alcohol.licensing@alaska.aov httos://www.commerce.alaska.aov/web/amco Phone: 907.269.03S0 Alaska Alcoholic Beverage Control Board Master Checklist: Renewal Liquor License Application Doing. Business As: Ray's Waterfront Bar & Grill License Number: 2790 License Type: Beverage Dispensary - Seasonal Examiner: Rand i Transaction #: 1363657 Document Received Completed Notes AB-17: Renewal Application 10/28 11/02 App and License Fees 10/28 10/28 Supplemental Document Received Completed Notes Tourism/Rec Site Statement AB-25: Supplier Cert (WS) AB-29: Waiver of Operation AB-30: Minimum Operation AB-33: Restaurant Affidavit 10128 11 /02 COI / COC / 5 Star FP Cards & Fees / A13-08a Late Fee Names on FP Cards: Yes No Selling alcohol in response to written order (package stores)? 11/7 Mailing address and contact information different than in database (if yes, update database)? F In "Good Standing" with CBPL (skip this and next question for sole proprietor)? 17 Officers and stockholders match CBPL and database (if "No", determine if transfer necessary)? 1 LGB 1 Response: KPB ® Waive El Protest 11 Lapsed [Master Checklist: Renewal] (rev 09/20/2018) LGB 2 Response: City of Seward 11 Waive ® Protest © Lapsed Page 1 of 1 WFA & 'J1.1 It/ Alcohol and Marijuana Control Office le ft 550W 7'hAvenue, Suite 1600 AMCO Anchorage, AK 99501 alcohol.hcen sing@alaska.gov https://www.commerce.alaska.goy/web/amco rPhone: 907.269.0350 r'trk[�t.r�t,�s� Alaska Alcoholic Beverage Control Board Form AB-17: 2021/2022 license Renewal Application • This form and any required supplemental forms must be completed, signed by the licensee, and postmarked no later than 12/31/2020 per AS O4.11.270, 3 AAC 304.160, with all required fees paid in full, or a non-refundable $500.00 late fee applies. • Any complete application for renewal or any fees for renewal that have not been postmarked by 02/28/2021 will be expired per AS 04.11.540,3 AAC 304.160(e), • All fields of this application must be deemed complete by AMCO staff and must be accompanied by the required fees and all documents required, or the application will be returned without being processed, per AS O4.11,270, 3 AAC 304.105 • Receipt and/or processing of renewal payments by AMCO staff neither indicates nor guarantees in any way that an application will be deemed complete, renewed, or that it will be scheduled for the next ABC Board meeting. Establishment Contact Information Licensee (Owner): JANASKA COPORATION License It: 2790 license Type. BEVERAGE DISPENSARY —SEASONAL Doing Business As: RAY"S WATERFRONT L Premises Address: 1316 4 th AVE Local Governing Body: Community Council; NONE f your mailing address has changed, write the NEW address below: Mailing Address: City: State: ZIP: Section 1 Licensee Contact Information Contact Licensee: The individual listed below must be listed in Section 2 or 3 as an Official/Owner/Shareholder of your entity and must be listed on CBPL with the same name and title. This person will be the designated point of contact regarding this license, unless the Optional contact is completed. I Contact Licensee: I JULIUS R SIMUTIS I Contact Phone: 1907-390-0099 1 Contact Email: I raysimutis@yahoo.com Optional: If you wish for AMCO staff to communicate with anyone other than the Contact Licensee about your license, list them below_ Name of Contact: PAM HUMPHREY Contact Phone: 907 224-3464 Contact Email: humphap@yahoo.com Name of Contact: Contact Phone: Contact Email: Name of Contact: Contact Phone: Contact Email: [Form AB-17] (rev09/23/2020) A.M1C( Page 1 of 4 158 OCT 2 8 2020 ?• Ark"tf Alaska Alcoholic Beverage Control Board .dam Form AB-17: 2021/2022 License Renewal Application Section 2 - Entity or Community Ownership Information Sole Proprietors should skip this Section. Use the link from Corporations, Business and Professional Licensing (CBPL) below to assist you in finding the Entity#. Alaska CBPL Entity ti: I 37585D I READ BEFORE PROCEEDING: Any new or changes to Shareholders (10% or more), Managers, Corporate Officers, Board of Directors, Partners, Controlling Interest or Ownership of the business license must be reported to the ABC Board within 10 days of the change and must be accompanied by a full set of fingerprints on FBI -approved card stock, AB-08a's, payment of $48.25 for each new officer with a date -stamped copy of the CBPL change per AS O4.11.045, 50 & 55, or a Notice of Violation will be issued to your establishment and your application will be returned. The only exception to this is a Corporation who can meet the requirements set forth in A5 04.11.050(c). DO NOT LIST OFFICERS OR TITLES THAT ARE NOT REQUIRED FOR YOUR ENTITY TYPE. Corporations of any type including non-profit must list ONLY thefolIowing: * All shareholders who own 10% or more stock in the corporation o Each President, Vice -President, Secretary, and Managing Officer regardless of percentage owned Limited Liability Corporations, of any type must list ONLY the following: o All Members with an ownership interest of 10% or more o All Managers (of the LLC, not the DBA) regardless of percentage owned Partnerships of any type, including Limited Partnerships must list ONLY the following: o Each Partner with an interest of 10% or more o All General Partners regardless of percentage owned Important Not All entries below must match our records, or your application will be returned per AS O4.11.270, 3 AAC 304.105 You must list full legal names, all required titles, phone number, percentage of shares owned (if applicable) and a full mailing address for each official of your entity whose information we require. If more space is needed: attach additional completed copies of this page. Additional information not on this page will be rejected. Name of Official: JULIUS R SIMUTI S Title(s): Phone: 11Owned: PRESIDENT SECRETARY 907-390-0099 100 Mailing Address: P.O. BOX 1750 City: SEWARD State: AK ZIP: 99664-1750 Name of Official: Title(s): Phone: % Owned: Mailing Address: City: State: ZIP: Name of Official: Title(s): Phone: % Owned: Mailing Address: City: State: ZIP: [Form AB-171 (rev09fZ312020i AMCC, VT f 8 vo Page 2 of4 159 Alaska Alcoholic Beverage Control Board 4 O Form AB-17: 2021/2022 license Renewal Application Section 3 - Sole Proprietor Ownership Information Corporations, LLC's and Partnerships of ALL kinds should skip this section. READ BEFORE PROCEEDING: Any new or changes to the ownership of the business license must be reported to the ABC Board within 10 days of the change and must be accompanied by a full set of fingerprints on FBI approved cardstock, AB-08a's, payment of $48.25 for each new owner or officer and a date stamped copy of the CBPL change per AS O4.11.045, or a Notice of Violation will be issued to your establishment and your application will be returned. Important Note: All entries below must match our records, or your application will be returned perA504.11.270, 3 AAC 304.105. You must list full legal names, phone number, and mailing address for each owner or partner whose information we require. If mores ace is needed, attach additional copies of this page. Additional owners not listed on this page will be rejected. This individual is an: Applicant Affiliate Name: Contact Phone: Mailing Address: City: State: ZIP: Email: This individual is and `Applicant t [Affiliate Name: Contact Phone: Mailing Address: City: State: Z]P: Email: Section 4 - License Operation Check ONE BOX for EACH CALENDAR YEAR that best describes how this liquor license was operated: =019 2020 1. The license was regularly operated continuously throughout each year. (Year-round) ❑ ❑ 2. The license was only operated during a specificseason each year. (Seasonal) if your operation dates have changed, list them below: to 3. The license was only operated to meet the minimum requirement of 240 total hours each calendar year. A ram fete AB-30: Proof o Minimum aft O eration Checklist and documentation must be provided with this form. ❑ ❑ 4. The license was not operated at all or was not operated for at least the minimum requirement of 240 total hours each year, during one or both catendaryears. AComplete Form AB-29. Waiver of Operation ApphCat+an and correspondin4 fees must be submitted with this duplication for each calendar year dunno which the lkense was not operated, If you have not met the minimum number of hours of operation in 2020, you are not required to pay the fees however a complete AB-29 is required with Section 2 marked "OTHER" and COVID is listed as the reason. Section S - Violations and Convictions Yes No Have ANY Notices of Violation been issued for this license OR has ANY person or entity in this application been convicted of a violation of Title 04, 3AAC 304 or a local ordinance adopted under AS O4.21.010 in 2019 or 2020? If you checked YES, you MUST attach a_ list of all Notices of Violation and/or Convictions per AS O4.11.2701a)12J if You are_urtsu_re if you have received any Notit:es of Violation, contact the office before submitting this form. A AAC,,t [Form AB-17] (reva9/23/2020) 11c"i 2 8 2O2-ty Page 3 of4 10-9111 Alaska Alcoholic Beverage Control Board Form AB-17: 2021/2022 License Renewal Application Section 6 -Certifications As an applicant for a liquor license renewal, I declare under penalty of perjury that I have read and am familiar with AS 04 and 3 AAC 304, and that this application, including all accompanying schedules and statements, are true, correct, and complete. • I agree to provide all information required by the Alcoholic Beverage Control Board or requested by AMC4 staff in support of this application and understand that failure to do so by any deadline given to me by AMCO staff will result in this application being returned and potentially expired if I do not comply with statutory or regulatory requirements. • 1 certify that all current licensees (as defined in AS O4.11.260) and affiliates have been listed on this application, and that in accordance with AS O4.11.450, no one other than the licensee(s) has a direct or indirect financial interest in the licensed business. • 1 certify that this entity is in good standing with Corporations, Business and Professional Licensing (CBPL) and that all entity officials and stakeholders are current and accurately listed, and I have provided AMCO with all required changes of Shareholders (10%or more), Managers, Corporate Officers/Board of Directors, Partners, Controlling Interest or Ownership of the business license, and have provided all required documents for any new or changes in officers. • 1 certify that all licensees, agents, and employees who sell or serve alcoholic beverages or check identification of patrons have completed an alcohol server- education course approved by the ABC Board and keep current, yRl d:sts ies, course completion cards on the licensed premises during all working hours, if applicable for this license type as set forth in AS O4.21.025 and 3 AAC 304,465. • 1 certify that I have not altered the functional floor plan or reduced or expanded the area of the licensed premises, and I have not changed the business name from what is currently approved and on file with the Alcoholic Beverage Control Board. I certify on behalf of myself or of the organized entity that I understand that providing a false statement on this form or any other form provided by AMCO is grounds for rejection orftiAlof this application or revocation of any license issued. l µ 00 ; �,P .......... A+ , NOTARY ; p gnature of license PUBLIC Signature f No� Public f A- a No. 19XM8-yfiubac in and for the State of: weu Printed name of licensee +�'•, 'i �'�: My commission expires: '/tlllll /il�ti Subscribed and sworn to before me this 14ik day of " �` . 20'�V Restaurant/Eating Place applications must include a completed AB-33: Restaurant Receipts Affidavit Recreational Site applications must include a completed Recreational Site Statement Tourism applications must include a completed Tourism Statement Wholesale applications must include a completed AB-25: Supplier Certification All renewal and supplemental forms are available online Any application that is not complete or does not include ALL required completed fortes and fees will not be processed and will be returned per AS O4.11.270, 3 AAC 304.105. FOR OFFICE USE ONLY License Fee: $ Q Application Fee: $ 300.00 Misc. Fee: $ Total Fees Due: Is [Form AB-171 (rev09/23/2020) -i AA( :f Page 4 of4 113 Division of Corporations. Business and Professional Licensing https://www.commerce.alaska.gov/cbp/main/Search/EntityDetail/37585D Department of Commerce, Community, and Economic Development CORPORATIONS, BUSINESS & PROFESSIONAL LICENSING State of Alaska / Commerce 1 Corporations, Business, and Professional Licensing 1 Search & Database Download / Corporations / Entity Details ENTITY DETAILS Name(s) Type Name Legal Name JANASKA CORP. Entity Type: Business Corporation Entity #: 37585D Status: Good Standing AK Formed Date: 2/24/1986 Duration/Expiration: Perpetual Home State: ALASKA Next Biennial Report Due: 1/2/2022 Entity Mailing Address: P.O. BOX 1750, SEWARD, AK 99664-1750 Entity Physical Address: 14300 BEACH DRIVE, SEWARD, AK 99664-1750 Registered Agent Agent Name: JULIUS SIMUTIS Registered Mailing Address: P O BOX 1750, SEWARD, AK 99664 Registered Physical Address: 14300 BEACH DRIVE, Seward, AK 99664-1750 Officials I Show Former AK Entity # Name Titles Owned .JULIUS R. SIMUTIS Director, President, Secretary, Shareholder, Treasurer 100.00 Filed Documents 162 1 of 2 10/29/2020, 8:35 AM Division of Corporations, Business and Professional Licensing littps://www.commerce.alaska.gov/cbp/main/Search/EiitityDetail/37585D Date Filed Type Filing Certificate 2/24/1986 Creation Filing 1/25/1988 Biennial Report 2/15/1990 Biennial Report 1/02/1992 Biennial Report Click to View 12/20/1993 Biennial Report Click to View 12/1511995 Biennial Report Click to View 3/09/1998 Biennial Report Click to View 1/13/2000 Biennial Report Click to View 2/14/2002 Biennial Report Click to View 12/04/2003 Biennial Report Click to View 2/22/2006 Biennial Report Click to View 11/13/2006 Change of Officials Click to View 11/15/2007 Biennial Report Click to View 10/14/2009 Biennial Report Click to View 12/23/2011 Biennial Report Click to View 4/24/2012 Agent Change Click to View 4/24/2012 Certificate of Compliance Click to View 11/07/2013 Biennial Report Click to View 12/14/2015 Biennial Report Click to View 12/08/2017 Biennial Report Click to View 10/29/2019 Biennial Report Click to View COPYRIGHT© STATE OF ALASKA • DEPARTMENT OF COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT 2 of 2 163 10/29/2020, 8:35 AM (7) < 2 Q E 0- 0 2 > 0 O 2 E 0 c 0 Q w ,a C ■ : _ � E E 0 U � � @ E E 0 U 0 � Q E � m CL 0 � ■ � @ � = J J ry 0 Q z � � � � � z 0 0� LL 0� W � � U) � ry § \ � k J @ J 3k CO 0 Eo z icm [ og k R k 7 a2 E 6& E 42 �z \ 0 \ w 2 /\ \\ 7 2 \ ƒ / \/ / > 2 ® a ./ \ \ @J 'E 2 0 'E � j \a @E =3 _@ Q/ \ co � _- RG =6 \0 22 CD \ ƒ / \ < e CL .g E \\ // \/ 164 e THE STATE °'ALASKA GOVI:RNOR't1iKE D7 'NLJ�.AV) November 2, 2020 Owner: Janaska Corporation DBA: Ray's Waterfront Bar & Grill Via email: raysimutis@yahoo,com, humphap@yahoo.com Re: Liquor License #2740 Dear Applicant: Department of Commerce, Community, and Economic Development ALCOHOL & MARIJUANA CONTROL OFFICE .550 We-,,t Seventh Avenue, SJ to 1600 Anchorage, AK 99501 f,hcin: 907.269.0350 I have received your application for renewal of your liquor license. Our staff has reviewed your application after receiving your application and required fees, Your renewal documents appear to be in order, and I have determined that your application is complete for purposes of AS O4.11.510, and AS O4.11.520. Your application is now considered complete and will be sent electronically to your local governing body, your community council if your proposed premises is in Anchorage or certain locations in the Matanuska- Susitna Borough, and to any non-profit agencies who have requested notification of applications. The local governing body will have 60 days to protest the renewal of your license or waive protest, Your application will be scheduled for the January 2021 board meeting for Alcoholic Beverage Control Board consideration. The Zoom link and call -in number for the meeting will be posted on our home page. The board will not grant or deny your application at the meeting unless your local government waives its right to protest per AS O4.11.480(a). Please feel free to contact us via email at alcohol.licensingp_plaska.gov if you have any questions. Sincerely, Occupational Licensing Examiner I Memorandum Date: November 23, 2020 From: Brenda Ballou, City Clerk RE: Cancel the December 28, 2020 City Council Meeting BACKGROUND According to Seward City Code (2.10.030 A.1), regular meetings of the city council shall be held in the council chambers in the Seward City Hall, or at such other place as may be determined by the city council upon consideration of the reasonable accommodation of the public. Regular city council meetings shall be held on the second and fourth Mondays of each month at 7:00 p.m.; provided that any regular meeting may be canceled by the affirmative vote of at least four councilmembers. This year, the Christmas holiday for city employees falls on the Thursday and Friday immediately preceding the December 28t' council meeting. RECOMMENDATION Cancel the December 28, 2020 City Council meeting in observance of the holidays. Council Agenda Statement Meeting Date: November 23, 2020 From: Christy Terry, Seward Mayor Agenda Item: Approve GovHR City Manager Search Document updates BACKGROUND & JUSTIFICATION: GovHR provided the previously used documents used in the last City Manager search. The designed Council Sub -Committee (Council Member Casagranda, Council Member DeMoss and Mayor Terry) met and reviewed the documents and provided limited comments and updates. Overall the documents were well done and conveyed a good general overview of the community and desired characteristics of our next City Manager. One item of note: Committee recommends designating a higher potential salary to match what the last City Manager's salary. This doesn't obligate Council during final negotiations, but more closely reflects potential salary. This will solicit higher level interest instead of negotiating higher after the decision, we will could potentially get better qualified applications. I NTENT: Comments back to GovHR regarding City Manager Search Documents. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: Proposed update to ± starting salary matches previous City Manager's and is therefore included in budget for 2021. Approved by Finance Department: ATTORNEY REVIEW: Yes No X RECOMMENDATION: Council approve proposed updates to GovHR documents with City Manager solicitation. f[:YA L c. Y tT A ✓ /4 Gov HR usa � GovTEMPS USA SEWARD, ALASKA CITY MANAGER Seward, Alaska (2,693) Beautiful and dynamic Seward, situated at the head of Resurrection Bay on the Kenai Peninsula, seeks a strong, collaborative, and visionary leader to become its next City Manager. Founded in 1903 as the ocean terminus of what is now the Alaska Railroad, Seward is not only known for its natural beauty but also as Alaska's only deep -water ice -free port with rail, highway and air transportation to Alaska's interior and major urban popul tion centers. This strategically positions Seward for Pacific Rim maritime commerce. �yyY7 m c__ Seward is a progmsmve community with a year-round population of just under 3,000, that is served by Seward's electric utility, and a seasonal population exceeding 10,000, supplemented by arrival of two to three cruise ships per week during the season, Seward's citizens distinguish themselves through volunteerism and civic pride and involvement. The operations of the City of Seward are complex and broad in scope, including utilities, harbors, and ownership of health care facilities. Exciting challenges and opportunities to partner with other entities, improve service delivery, and enhance the quality and performance of the municipal organization await the next City Manager. The City Council seeks-(-andidates who will exhibit a welcoming and collaborative approach with all constituencies. This is tru. n outstanding and unique career opportunity for an experienced, well-rounded and professional municipal manager. y10t'1�►4+S&VX The successful candidate will, without limitation, have the following qualifications and experience: • Bachelor's degree in public administration, business administration or related field. Graduate degree in public administration or related field preferred. • Seven (7) years progressively responsible experience in council/manager municipal government, with five (5) years at a management level. Experience as a city manager, assistant city manager, or other executive level position preferred. Rural community and Alaska experience a plus. • Strong experience in budgeting and financial planning, utility management, public works, project management, human resources and employee relations, community development and economic development highly desirable. • Strong leadership, interpersonal, communication and team -building skills essential. • Knowledge and experience in emergency management, health care, environmental sustainability, renewaabieneerg maritime law, and marine operations desirable. Starting salary $.1,6Q9-+/- DOQ/E. Competitive benefits package including participation in the Alaska Public Employees' Retirement System (PERS). Alaska does not have a state income tax. Apply online with resume, cover letter and contact information for five (5) work -related references to Rachel Skaggs, Senior Vice President, GovHR USA at The recruitment for this position will remain open until the position is filled, with a first review of resumes on January 1, 2021. Click hereto apply: https://www.govhrusa.com/care�. 168 City of Seward, Alaska City Manager Ad Source List Ad Budget $2,500 ICMA Govtjobs.com $ 450 $ 199 Linkedln $ 250 Local Government Hispanic Network $ 75 National Forum for Black Public Administrators National League of Cities $ 350 $ 350 Strategic Government Resources $ 50 Mountain Careers $ 79 Assoc. of Washington Cities (uses Jobnet) $200 Maine Municipal Association $ 75 League of Women in Government Free Alaska Municipal League teresa@akml.org Free League of Oregon Cities $ 80 Be A Hero/Hire A Hero $ 199 Greener Grass FREE Oregon City/County Mgt. Assoc. (OCCMA) Links to ICMA Washington City/County Mgt. Assoc. (WCMA) Alaska Municipal Management Assoc. Links to League of OR Cities Free links to AK ML United Latin American Citizens (Hire Latinos) FREE Ohio (OCCMA) FREE FCCMA (Florida) MN CMA (Charlene will post) Free FREE Municipal Management Association of Northern California Free Hotjobs.vet FREE Veteranjoblisting.com FREE TOTAL ESTIMATED COST: $2,3S7 f[-s7 r SEWARD, ALASKA CITY MANAGER GovHR USA is pleased to announce the recruitment and selection process for City Manager for the City of Seward, Alaska This brochure provides background information about the City of Seward and the municipal organization, as well as the challenges, opportunities and expected qualifications for the position. If living and working in a dynamic, 4;megv%-, community surrounded by natural beauty interests you, submit a cover letter, resume and contact information for five (5) work -related references to-�Pww.GovHRJobs.00m. Electronic submissions are required. The recruitment for this position will remain open until the position is filled with a first review of resumes on ebrua 18 201 td,, Questions regarding this opportunity should be directed to the Executive Recruiter working with the City of Seward: Rachel Skaggs, Senior Vices Preslden GovHRUSA, LLC 630 Dundee Road, Suite 130 Northbrook, Illinois 60062 Cell: 815-303-2187 Formal Applications should be submitted to: www.GovHRiobs.com Additional information about the City of Seward can be found on the City's website: www_cityofseward,us. Seward, Alaska ., IFEMONAL ANNOUNCEMENT Seward, Alaska (2,693) Beautiful and dynamic Seward, situated at the head of Resurrection Bay on the Kenai Peninsula, seeks a strong, collaborative and visionary leader to become its next City Manager. Founded in 1903 as the ocean terminus of what is now the Alaska Railroad, Seward is not only known for its natural beauty but also as Alaska's only deep -water ice free port with rail, highway and air transportation to Alaska's interior and major urban population centers. This strategically positions Seward for Pacific Rim maritime commerce. [��(t'10MW�C1 Seward is a progressive community with a year-round population of just under 3,000, an extraterritorial population of similar size that is served by Seward's electric utility and is active in the community, and a seasonal population exceeding 10,000, supplemented by arrival of two to three cruise ships per week during the season. Seward's citizens distinguish themselves through volunteerism and civic pride and involvement. The operations of the City of Seward are complex, sophisticated, and broad in scope, including utilities, harbors and ownership of health care facilities. Exciting challenges and opportunities to partner with other entities, improve service delivery, and enhance the quality and performance of the municipal organization await the next City Manager. The City Council seeks candidates who will exhibit a welcoming and collaborative approach with all constituencies. This is truly an outstanding and unique career opportunity for an experienced, well-rounded and professional municipal manager. The successful candidate will, without limitation, have the following qualifications and experience: • Bachelor's degree in public administration, business administration or related field. Graduate degree in public administration or related field preferred. • Seven (7) years progressively responsible experience in council/manager municipal government, with five (5) years at a management level. Experience as a city manager, assistant city manager, or other executive level position preferred. Rural community and Alaska experience a plus. • Strong experience in budgeting and financial planning, utility management, public works, project management, human resources and employee relations, community development and economic development highly desirable. • Strong leadership, interpersonal, communication and team -building skills essential. • Knowledge and experience in emergency management, health care, environmental sustainability, renewable energy, maritime law and marine operations desirable. ►y0 i 0ofl Starting salary $ +/- DOQ/E. Competitive benefits package including participation in the Alaska Public Employees' Retirement System (PERS). Alaska does not have a state income tax. Apply online with resume, cover letter and contact information for five (5) work -related references to Rachel Skaggs, Senior Vice President, GovHR USA at www.GovHRJobs.com. The recruitment for this position will remain open until the position is filled, with a first review of resumes on January 1, 2021. COMMUNITY BACKGROUND Seward, pronounced "Soo -word," is situated at the head of Resurrection Bay on the Kenai Peninsula. It is surrounded by majestic snow-capped mountains which are blanketed with lush green vegetation, trees and alpine wildflowers. Mt. Marathon is the western backdrop of Seward with Harding Ice Field lined along the back, extending to the coast. Chugach National Forest, Kenai Fjords National Park and Caines Head State Recreation area are nearby. Founded in 1903 as the ocean terminus of what is now the Alaska Railroad, Seward prides itself, not only on its natural beauty, but as Alaska's only deep -water, ice -free port with rail, highway and air transportation to Alaska's interior and major urban population centers. This strategically positions Seward for Pacific Rim maritime commerce. Seward enjoys a beautiful and scenic natural Alaskan environment with numerous visitor attractions. The town `r` offers day cruises, kayaking, fishing, abundant marine activities and wildlife, unparalleled recreation and is the terminus for the Alaska Railroad. Seward was named All -American City in 1963, 1965, and 2005. Seward experiences a maritime climate with average winter temperatures ranging from 17 to 38 degrees City Manager land -based and marine wildlife, coupled with immediate access to pristine areas for hiking, mountain biking, mountain climbing, cross country skiing, snow machining, camping, fishing, white water rafting, dog mushing, sea kayaking, cold water scuba diving and other outdoor activities make the City of Seward a year-round outdoor playground for all ages. Fahrenheit and average summer temperatures ranging from 49 to 63 degrees Fahrenheit. Average annual rainfall is 66 inches. Average annual snowfall is 80 inches. Seward's local economy is driven largely by the commercial fishing industryindustry/-,,- and seasonal tourism. Many of Seward's lodging facilities, restaurants and shops cater mainly to tourists, and open for business during the summer tourist season, generally mid -May through mid -September. Other major employers in Seward include the state -run Spring Creek Correctional Center, the Alaska Department of Labor and Workforce Development's AVTEC vocational school and the Providence Seward Medical and Care Center. Seward is proud to be the home of the Alaska SeaLife Center. The Center is the only facility in Alaska that combines a public aquarium with marine research, education, and wildlife response. While primarily dedicated to marine research and education, the Center is the only permanent marine mammal rescue and rehabilitation facility in the state. The Alaska SeaLife Center lies at "Mile 0" of the scenic Seward Highway on the shores of Resurrection Bay. Visitors to its "windows to the sea" have close encounters with puffins, octopus, harbor seals, sea lions, and other marine life while learning about the work conducted both in the field and in the Center's laboratories. Seward offers an unbeatable year-round quality of life and environment to attract residents, visitors and employees. The spectacular mountain and bay scenery, with abundant 7j YET' In 1792, Russian explorer Alexander Baranof arrived by boat in what is now known as Resurrection Bay. Baranof remembered the sheltered waters of the bay when he chose a place to build the Phoenix, perhaps the first ship built on the west coast of North America, in 1793-1794. Seward is named in honor of William H. Seward, President Abraham Lincoln's Secretary of State. Secretary Seward was responsible for negotiating the purchase of Alaska from Russia in 1867. Settlement of Resurrection Bay began in the 1890's with the arrival of Captain Frank Lowell and his family. The founders and settlers of the town of Seward arrived in 1903 to build the railroad. On Christmas Day, 1908, gold was discovered on Otter Creek, a tributary of the Iditarod River. The Iditarod Trail began as a mail and supply route from the coastal towns of Seward and Knik to the interior mining camps and beyond to the coastal communities of Unalakleet, Elim, Golovin, White Mountain and Nome. Later, in 1925, the Iditarod Trail became a life saving highway for epidemic -stricken Nome. Diphtheria threatened and serum was sent via dogsled to the western community. The Iditarod now is a national historic trail, and is called the "Last Great Race on Earth." Each year, an extremely competitive dogsled race takes place over more than I ` Seward, Alaska 1,150 miles from Anchorage to Nome. Mile 0 in Seward is marked by a historical monument. Seward was incorporated in 1912. In 1915, President Woodrow Wilson chose Seward as the main railroad route into Alaska's interior. The fate of the railroad fluctuated for many years until the advent of World War 11. During the war, Seward and its port prospered. Resurrection Bay became a strategic military port, and by 1944 the railroad was one of the most prosperous in the nation. In 1964, an earthquake measuring 9.2 on the Richter scale was centered 95 air miles northeast of Seward. The quake, several tsunami waves, and resulting fires severely damaged the town and the rail yards. Eventually both the town and railroad were restored, but rail service took many years to recover. Remnants of that earthquake can still be seen along the waterfront today, with a movie being shown at the Seward Library during the summer months. SEWARD AT A GLANCE Year -Round Population: 2,693 (2010 Census); 2,831 (2017 estimate) Seasonal Population: 10,000+; supplemented by visitors arriving by ship Incorporated: 1912 City Budget: Approximately $38 million (2019) Land Area: 21.55 sq. mi. (14.11 sq. mi. land; 7.44 sq. mi. water) Total Housing Units: 1,086 (2010) Households: 928 (2010) Average Household Size: 2.14 (2010) Average Family Size: 2.87 (2010) Median Household Income: $74,397 (2010) Mean Annual Temperature: 40.6 °F E MUNICIPAL ORGANIZATION Seward is a home -rule city located within the Kenai Peninsula Borough. A full -service City, Seward operates under the councillmanager form of government. The Mayor and six City Council members exercise all legislative and policy -making powers of the City and perform all duties and obligations required by law. The City Manager is appointed by the Mayor and City Council, which also appoints the City Attorney and City Clerk. Year- round staffing is approximately 88 FTE. Seasonal employment increases staffing to approximately 150 FTE, with the bulk of the increase occurring in the Harbor and Parks & Recreation Department. The Kenai Peninsula Borough was incorporated in 1964 as a second-class borough. An elected Mayor serves as the chief administrator of the Borough and works with an elected 9-member legislative assembly, on which Seward has one seat. The Borough is responsible for area -wide education, solid -waste management, planning and zoning, taxation and assessment. THE CITY MANAGER The City Manager is responsible for administering the day- to-day operations of the City of Seward. Working with a professional staff, the City Manager ensures the provision of services and enforces the policies established by the City Council. The City Manager's direct reports include the Assistant City Manager, the Chiefs of the Fire and Police Departments, and the directors of the Building, Community Development, Finance, Human Resources, Parking, Parks & Recreation, Library & Museum, Electric, Public Works and Harbor departments. The City Manager is required to reside within the corporate limits of Seward. 173 City Manager Challenges and Opportunities Seward is a small community where big things are happening. The next City Manager can expect to work closely with elected officials, City staff, and other community stakeholders on a wide variety of challenges and opportunities, including: • There is opportunity to create a new and positive organizational culture in Seward, to build a high performing municipal organization and to significantly improve relations with the community. The effort will involve strategic planning among elected officials, City staff and community stakeholders as well as staff and leadership development and team -building. • Developing and maintaining a sustainable City long- range financial plan and budget. There is an opportunity to enhance methodology and develop more useful financial tools for the City Council, City staff and public. • Overseeing planning, development and completion of significant municipal capital projects including renovation or replacement of City buildings, drainage diversion projects and continued expansion of the Seward Marine Industrial Center (SMIC). • Working with the Alaska Railroad to support the replacement of the cruise ship and freight docks. • Working with the Army Corps of Engineers to develop and implement a plan to replace the Lowell Creek Canyon water diversion works and outfall tunnel. • Community and economic development opportunities and initiatives to address housing availability and expand housing stock, diversify the local economy and reduce the seasonal variation in economic activity. • Diversifying the community's energy portfolio through securing access to natural gas and developing alternative energy sources, including wind, geothermal, tidal and hydro. • Electric, water and wastewater utility planning, operations, billing transparency, system expansion and upgrades. • Review of the City Code to address inconsistencies, adoption of the current editions of reference codes, and re -engineering the code enforcement process. Addressing challenges in recruitment, compensation, development and retention of City staff, as well as staff succession planning. • Helping to guide the organization and community through changes in the employee relations environment, including contract negotiations and possible opt -in under the Alaska Public Employment Relations Act (PERA). Hazard mitigation and response planning, and emergency operations planning. CANDIDATE QUALIFICATION CRITERIA The Seward City Council is seeking candidates with high integrity, a welcoming and collaborative approach, and an orientation toward results to serve as the City's next City Manager. The following education, experience, management and leadership style factors have been identified as important for candidates to possess and demonstrate. Education, Experience, Knowledge and Skills Candidates must have a bachelor's degree in public administration, business administration or a related field. A graduate degree in public administration or a related field is preferred. Candidates should have at least 7 years progressively responsible experience in council/manager municipal government, with at least 5 years at a management level. Experience as a city manager, assistant city manager; or 174 Seward, Alaska other executive level position is preferred Experience in a rural community is a plus, as is experience in an Alaska municipality. Candidates must have strong interpersonal and team -building skills, strong oral and written communication skills, and strong public speaking and presentation skills. Candidates should have extensive experience in municipal financial planning and budgeting, management of municipal utilities, municipal public works administration, contracts and project management, and economic and community development. Candidates must have experience in municipal human resources management including recruitment, compensation, retention and development of staff, collective bargaining and succession planning. Candidates must have experience in intergovernmental relations at the State and Federal levels, including procurement and administration of grants. Knowledge and experience in emergency management, health care, environmental sustainability, renewable energy, maritime law and marine operations is desirable. Experience in a coastal community and an intermodal transportation environment is desirable. Management and Leadership Style The City Council desires that Seward's next City Manager: Be a person of humility who exhibits highest standards for honesty and integrity. Be a person who welcomes diversity of opinion, who empowers staff and who seeks to build consensus. Be a professional who keeps the City Council and City staff informed on issues, initiatives and projects. Be a person who is energized by challenges and brings a creative and results -oriented approach to solving problems; a person who thrives in a place where there is real opportunity to make things happen. Be a person who leads with an open style, views stakeholders as partners, and deals with all in a professional, fair, straightforward, and responsive manner. Be a critical thinker able to distill information with clarity and who provides considered advice and a steady voice. Be a person who believes in and has a history of organizational transparency and encouraging the involvement and input of staff. Be a person who embraces cultural diversity and is naturally collaborative, with a desire and ability to work effectively with all stakeholders. Be a person who exhibits a calm, disciplined and communicative demeanor. Have a management style that involves delegation of responsibility and authority, accountability for achievement of goals and objectives, while encouraging staff and helping them to be successful. Be a patient, resilient, and visionary leader with the ability to focus on the `big picture", anticipate problems and opportunities, and understand current and past practices without being constrained by them. Be a good listener. Be a person who meets people "where they are" and is committed to nurturing and developing talent in others. Be a person who will be visible and involved in the community and who recognizes the value and importance of *quality of life" resources and activities. Have a sense of humor. Be someone who enjoys the outdoors and will relish the opportunity to live and work in a truly amazing place. OMPENSATION AND BENEFITS The starting salary for the City nager is anticipated to be approximately dependent upon the qualifications and experience of the candidate selected. The City of Seward offers a competitive benefits package, including participation in the Alaska Public Employees' Retirement System (PERS). Alaska does not have a state income tax. Seward titazens city towido ftwc WOO .XIMMOPOT, PUVLXSRFrn HNANCF crt is r rae� t n t FI POLICE rJ�lti .ea wN��ECli4 L13.tm� 4"�4!Ynv� PNf�. Q9fjjeCil. �NlV rrtr..�i r---�,Ne"rr am�rnsrrcwaa �I w,YE x SVAC City Manager CAp M-ne. UV Atte-@V OMAPR6£ OPFRAT)M Ras LA NARY it "Jar LW PARRS i RECREATION Harbor i SW P R Ca Electric (NA CWW i r— P— R—, W&W 3 S*VM °i�AtVth � .s6. Tmclure PO 4 WTAR GovHR USA C , �V% W-1 U�j, GovHR USA GovTEMPS us Seward, AK — City Manager Recruitment and Selection Process Proposed Schedule November 16th City Manager Ad is Posted December 31st Deadline for Resumes January 1-15 Candidate review, due diligence and video interviews conducted by consultants. January 22 Electronic recruitment report sent to Seward. Week of January 251h Recruitment Report reviewed with Seward and City selects candidates to interview. Early February Interviews for City Manager. Mid -February Second Interviews, if needed. Appointment and Start Date. 630 Dundee Road, Suite 130, Northbrook, IL 60062 Local: 847.380.3240 Toll Free: 855.68GovHR (855.684.6847) Fax: 866.401.3100 GovHRUSA.com MANAGEMENT AND HUMAN RESOURCS 177 SEWARD PROPOSED CLASSIFICATION PLAN Table 1 Current Position Title Proposed Title Total Skill Level Grade Directors and Senior Managers Chief of Police 745 735+ 13 Finance Director 745 Fire Chief 740 Assistant City Manager 735 Harbormaster 715 695 to 730 12 Utility Manager Utility Director 710 Director of Public Works 705 Information Technology Manager MIS Director 700 Director of Community Development 695 Deputy Finance Director 695 Patrol Lieutenant Deputy Police Chief 690 Deputy Fire Chief 690 Operations Supervisor 685 655 to 690 11 Parks & Recreation Director 680 Deputy Harbormaster 675 Public Works Superintendent 675 Planner 660 City Clerk 655 Patrol Sergeant 650 615 to 650 10 Librarian Museum Director 635 Supervisors and Advanced Technical Personnel Officer Human Resources Officer 595 575-610 9 Senior Computer Technician 585 Building Inspector 580 Street Foreman 560 535-570 8 Shop Foreman 555 Harbor Worker III 555 Parks and Camps Operations Supervisor 555 Water/Wastewater Foreman 555 Accounting Supervisor 545 MIS Tech 540 Patrol Corporal Patrol Officer 540 Corrections Sergeant 530 495 to 530 7 Maintenance Mechanic Operator 530 Water/Wastewater Operator 530 Dispatch Supervisor 525 Animal Control Officer 485 455 to 490 6 Harbor Worker II 485 Curator 485 178 SEWARD PROPOSED CLASSIFICATION PLAN Table 1 Current Position Title Proposed Title Total Skill Level Grade Dispatcher 475 Senior Administrative Assistant -Harbor Officer Manager 475 Accounting Technician III 1 1 460 Executive Liaison -City Manager loffice Manager 455 Campground Coordinator Program Coordinator 450 415 to 450 5 Corrections Officer 445 Parking Operations Supervisor 440 Deputy City Clerk 435 Sports & Recreation Coordinator Program Coordinator 435 Field Engineer 420 Parks Maintenance Technician 415 Accounting Technician II (Utility) 415 Accounting Technician II (A/P) 415 Administrative and Technical Technician 400 375 to 410 4 Executive Assistant -Fire 410 Executive Assistant -Parks 390 Administrative Assistant -Police Executive Assistant - Police 390 Planning Technician 390 Accounting Technician I (Payroll) 385 Executive Assistant -Electric 380 Custodian - Municipal Buildings 345 335 to 370 3 DMV Clerk 345 Recreation Assistant Administrative Assistant 345 Administrative Assistant -Harbor 335 Part-time Animal Control Assistant 335 Administrative Assistant -Clerk lOffice Assistant 325 295 to 330 2 Part-time Aides 280 To 290 1 Campground Attendants -Seasonal 275 Gardener 270 Parking Lot Attendant 250 Program Aides -Seasonal (Summer Camp) 245 Mil SEWARD PROPOSED CLASSIFICATION PLAN Table 1 Current Position Title Skill Level Grade Directors and Senior Managers Chief of Police 735+ 13 Finance Director Fire Chief Assistant City Manager Harbormaster 695 to 730 12 Utility Director Director of Public Works MIS Director Director of Community Development Deputy Finance Director Deputy Police Chief Deputy Fire Chief Operations Supervisor 655 to 690 11 Parks & Recreation Director Deputy Harbormaster Public Works Superintendent Planner City Clerk Patrol Sergeant 615 to 650 10 Librarian Museum Director Supervisors and Advanced Technical Human Resources Officer 575-610 9 Senior Computer Technician Building Inspector Street Foreman 535-570 8 Shop Foreman Harbor Worker III Parks and Camps Operations Supervisor Water/Wastewater Foreman Accounting Supervisor MIS Tech Patrol Officer Corrections Sergeant 495 to 530 7 Maintenance Mechanic Operator Water/Wastewater Operator Dispatch Supervisor Animal Control Officer 455 to 490 6 Harbor Worker II Curator 1Ei1] +' Ln 'o m v ti O 00 'o m m Ln Ln Y m O an N �o 00 ti Ln r, o N ti C n l0 fV 17 c- fV 00 O to V c- 00 G o r m 0�6 v a� v Ln ca V E t 0a ti ti Ln o m c L m C m O L cl omo j= Ln Ln O m c-i N N c-i Ln O m l0 00 O O Gl aL eq L w LL `� cti O O Ln Ln l0 m Ln O 00 Cif dO Y G C OO N O 00 0 0 w G m 00 00 In r, Ln lfl LLn a` l0 m l0 N 00 to cl O Ln m Ln 't O N 00 r,c-I 00 00 N m O 00 r,O In m l0 to N m 00 Ln O I� � m Ln Ln I*l m m m cl cl Ln N m m I*l m m 00 Ln m N N c-I N N 1-0 C 00 c-I m N Ln to "i N r- n N O Ln ail LO a Ln 00 O cl O O m O to N Ln to O Ln 11 m 00 O n 00 Ln -zt N N -zt 00 m 11 00 00 O 00 O I*l r m l0 00 00 I*l Ln l0 00 In Ln to 00 Ln to Ln In to Ln to In V Q N ti ti y r� r� rn Ln ti w ti rn ti Ln m m ti m N m �o - m 11 m m N pp Zo ti ti ti m m m N O S Ln m r, m rn m 00 m Ln w Ln m m m 11m C to c-I 00 00 rl m Ci1 to 00 Ln N ai1 N N c-I N Ln N Ln rl N cli N O m In In N -:t n 00 O -:t l0 N O to O m 11 O In -:t n N to O Ln m OC cti cti Cif m O 00 O 00 m In 00 00 In In 00 to to 00 to to to In In 00 to to >, cti cti cti cti m 7; 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rl 01 00 O O0 0 N E Q N r1 � C7 Ln r` m lD r1 N tD � tD c-I M M r` M c-I Ln O m r` Ln r` O m tD tD 01 -Zt Z 01 N Lf) 01 (yi N M M M -Zt tD lD -Zt Ln O M W O Ln .zt 00 rl Lf) 00 N N M M M lD 01 O N 00 N O N lD M J 00 c-I 4 r` c-I N M M M 01 � 00 N 01 Y r` O M lD O N N 00 w N 01 lD Ln 00 -Zt —� lD 01 N Lf) 01 N N M M M N O1 00 C 1 — lD w c-i 00 N N M M M Ln rl M Ln 2 Ln w ri r` N N M M M M M m N Ln O Ln N M lD U Lf) r` O (yi lD N N M M M U- lD m N Ln N N N M M M Ln c I O0 N O0 r` O1 LL1 M lD 00 r1 N N N M M E N lD rl 01 O •X 0 M Ln 00 O O M Ln O u U N N N r- N O M M M r- w� o Ln C 0)Ln C Ln O0 m N lD 01 N - Ur N N N N M U Q W U M O 00 O 00 LU N N Q <D 00 —1 00 lD f6 0) Q ri M lD oo ri N 3 O O L N N N N M O m 3 tl�0 N c0 i o CO 0_ N CL o o c�6 Ln lD r` 00 m Ln N � L U IU-N C7 CD E w rn m tf ) —4 t C) -t C) c�a al m OC p ���.•.,yy 7 U86 r U 02 C-- CD C- G� C CD 00 --4 CD —4 W'i 4 C� 00 [ l C] (11 tIn SETTLEMENT AGREEMENT AND MUTUAL RELEASE This Settlement Agreement and Mutual Release ( "Agreement") is entered into as of the date of last signature below between the Friends of Jesse Lee Home ("Friends") and the City of Seward ("City') (together, "Parties") for the purpose of resolving and releasing any and all claims the Parties may have that relate to the Jesse Lee Home and any and all claims that were or could have been asserted in Friends of Jesse Lee Home a City of Seward, Case No. 3 SW 20-00052 Cl ("the Lawsuit") The Parties for good and valuable consideration, the receipt and sufficiency of which is acknowledge, agree as follows: 1. Quitclaim of Jesse Lee Home Property. Contemporaneously with the execution of this Agreement, Friends will execute a quitclaim deed conveying, to the City, any interest it has in property commonly known as the Jesse Lee Home and legally described as: Lots 15A and 15B, Jesse Lee Heights Subdivision Addition No. 4 according to Plat 89-18, Seward Recording district, Third Judicial District, State of Alaska 2. Distribution of Funds Held In Court Registry. As security for the temporary restraining order issued in the Lawsuit, Friends deposited a bond in the amount of $72,000 in the court registry. The Parties agree $40,000 of the bond will be distributed to the City and $32,000 of the bond will be distributed to Friends. The Parties' counsels will file a stipulation informing the Court of the settlement and requesting distribution of the funds. The distribution to the City will be by check payable to "City of Seward." The distribution to Friends will be by check payable to "Lane Powell in Trust for Friends of Jesse Lee Home." Friends, through its counsel, shall utilize the distribution to refund donors who advanced funds necessary to deposit the bond. 3. Dismissal of Lawsuit. Following receipt by the Parties' counsel of the distributions from the court registry, the Parties will file a notice of dismissal with prejudice and with both parties bearing their own costs and legal fees. 4. Release. With the sole exception of the consideration described in this Agreement, the Parties release each other from any and all claims related to the facts and circumstances giving rise to the Lawsuit. The mutual releases made herein extends to the Parties and all their members, affiliates, parents, subsidiaries, employees, agents, predecessors and successors in interest. 5. Warranty of Authority. By execution of this Agreement, each person signing on behalf of an entity warrants that: (a) this Agreement is executed on behalf of a valid legal entity; (b) such entity has the full right and authority to undertake any action contemplated by this Agreement; (c) the execution of this Agreement by the signatory has `&YA been duly and properly authorized by the Party on whose behalf said Agreement is executed in accordance with Alaska laws, regulations, agreements and procedures governing the authority of such person or entity to execute this Agreement on behalf of such Party; and (d) the consent of all persons or entities whatsoever necessary to the due execution of this Agreement has been obtained. City of Seward Friends of Jesse Lee Home By: Norm Regis Its: Acting City Manager Date: 9" D,04-4 By: Barbara Donatelli Its: Vice President Date: 11/17/2020 Confidential Settlement Agreement and Mutual Release Page 2 of 2 188 November 2020 November2020 December2020 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15161718192021 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Nov 1 2 3 4 5 6 7 F6:00pm P&Z 12*06pm PACAB Joint Work Mt Session - HPC 5:30pm CC (Seward Special Mtg Librar Council 7:00pm P&Z Mtg 6:30pm CC Work (Seward Session Librar Council 8 9 10 11 12 13 14 ------------ 6:00p CC Work Veterans' Day 6:00pm HPC Session Regular (Council Meeting - Cham bers) Rescheduled 7:00pm CC Mtg 6:00pm HPC (Council Work Chambers) Session-Cance Iled Council 15 16 17 18 19 20 21 6:00pm CC Work 6:00pm P&Z 12:00pm PACAB 6:00pm HPC Session - Work Session Work Meeting - Cancelled - Rescheduled Session-Cance Cancelled (Council (Council Iled (Council Chambers Chambers Chambers Chambers) 22 23 24 25 26 27 28 6:00pm CC ThanksgivingCit Holida ___ Training Session (Council Chambers 7:00pm CC Mtg Chambers 29 30 Dec 1 2 3 4 5 Council Calendar 1 11/18/2020 3:17 PM 189 021 December 2020 December2020 JanuaryTh SuMo TuWe Th Fr Sa SuMo TuWe We Th Fr Sa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Nov 29 30 Dec 1 2 3 4 5 7:OOpm P&Z Mtg City Council tour (Council w/ Dept Chambers Heads 12:OOpm PACAB Mt 6 7 8 9 10 11 12 6:00pm CC Work 5:30pm CC Work 6:OOpm HPC Session Session Regular (Council (Council Meeting Chambers) Chambers) Council 6:OOpm HPC Work Session-Cance Iled Council 13 14 15 16 17 18 19 7:00pm CC Mtg 6:OOpm P&Z 12:OOpm PACAB (Council Work Session Work Session Chambers (Council Chambers Cham bers 20 21 22 23 24 25 26 12:OOpm City Christmas Holiday Holiday 27 28 29 30 31 Jan 1, 21 2 7:OOpm CC Mtg Chambers Council Calendar 2 11/18/2020 3:17 PM 190 January 2021 February 2021 January 2021 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 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 25 26 27 28 29 30 28 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Dec 27 28 29 30 31 Jan 1, 21 2 3 4 5 6 7 8 9 7:00pm P&Z Mtg 12:00pm PACAB (Council Mt Cham bers 10 11 12 13 14 15 16 ------------ 7:00pm CC Mtg 6:00pm HPC (Council Regular Cham bers Meetin 6:00pm HPC Work Session-Cance 17 18 19 20 21 22 23 6:00pm P&Z 12:00pm PACAB Work Session Work Session (Council Chambers Cham bers 24 25 26 27 28 29 30 7:00pm CC Mtg Cham bers 31 Feb 1 2 3 4 5 6 Council Calendar 3 11/18/2020 3:17 PM 191