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HomeMy WebLinkAbout07102023 City Council Packet Seward City Council Agenda Packet - F r - r (Z First wave of the rnen running in the 95th Mt Marathon Rare -Photo by Kris Peck Monday, July10 2023 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 The City of Seward,Alaska CITY COUNCIL MEETING AGENDA City Council Chambers, 410 Adams Street Please silence all cell phones and devices during the meeting Mayor Sue McClure Council Member Randy Wells Acting City Manager Norm Regis Vice Mayor John Osenga Council Member Kevin Finch City Clerk Kris Peck Council Member Liz DeMoss Council Member Robert Barnwell City Attorney Brooks Chandler Council Member Mike Calhoon Monday, July 10, 2023 at 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULE 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 time for this agenda item.) 5. APPROVAL OF AGENDA AND CONSENT AGENDA (Approval of Consent Agenda passes all routine items listed under Item 7. Consent Agenda items are not considered separately unless a council member requests. In the event ofsuch a request, the item is returned to the Regular Agenda.) 6. SPECIAL ORDERS, PRESENTATIONS,AND AWARDS A. Proclamations and Awards—None B. City Manager Report............................................................................Pg. 1 C. City Clerk Report..............................................................................Pg. 68 D. City Attorney Report E. Other Reports and Announcements—None F. Presentations (Presentations are limited to ten minutes each, excluding Q&A, and are limited to two per meeting unless increased by council.) 1) R&M Engineering Public Works Facility Project 65%Design.....................Pg. 69 7. CONSENT AGENDA A. Minutes of Preceding Meeting 1) Approval of the June 12, 2023 City Council Special Meeting Minutes............Pg. 76 2) Approval of the June 28, 2023 City Council Special Meeting Minutes............Pg. 80 B. Introduction of Ordinances—None City Council Meeting Agenda 7-10-2023 11 P a g e C. Resolutions on Consent Agenda 1) Resolution 2023-075,Authorizing the City Manager To Enter A Contract With METCO Alaska, LLC For The Installation Of Water And Sewer Infrastructure, And AppropriatingFunds.......................................................................Pg. 84 2) Resolution 2023-076, Authorizing the City Manager to Execute R&M Engineering Task Order No. 2734.25.03, Completing the 65% Design of A New Public Works Facility, and Appropriating Funds.......................................................Pg. 201 3) Resolution 2023-077, Authorizing The City Manager To Enter Into A Contract With Electric Power Systems, Inc. (EPS) To Provide Engineering Design Services For The Refurbishment And Voltage Capacity Upgrade Of The Lawing Substation At Milepost 25 Of The Seward Highway In ANot-To-Exceed Amount Of$175,972.........Pg. 285 4) Resolution 2023-078, Authorizing The City Manager To Enter An Independent Contractor Agreement With Rob Montgomery And Appropriating Funds........Pg. 293 5) Resolution 2023-079, Approving the Lawful Action to Bring Suit Against the Owner of an Abandoned or Derelict Vessel on City Tidelands and Appropriating Funds in an Amount Not to Exceed$10,000.........................................................Pg. 304 D. Action Memoranda -None E. Other Items on Consent Agenda 1) Non-objection to the renewal of liquor license #1153 Tony's Bar, Beverage Dispensary and non-objection to renewal of liquor license#1154 Tony's Liquor Store, PackageStore.............................................................................Pg. 310 2) Non-objection to the renewal of liquor license #5965 —Primrose Provisions, Restaurant/Eating Place..................................................................Pg. 333 3) Non-objection to the renewal of liquor license #4334 —Oaken Keg, Package Store........................................................................................Pg. 346 8. PUBLIC HEARINGS (Public hearing comments are limited to five(5) minutes per person.After all speakers have spoken, a person may speak for a second time for no more than one(1) minute.) A. Ordinances for Enactment 1) Ordinance 2023-018, Approving the Land Use Amendment to Rezone a Portion of Proposed Tract 5A, Dairy Hill Subdivision Addition No. 1, from Single-Family Residential (R1) Zoning District to Resource Management (RM) Zoning District......................................................................................Pg. 359 2) Ordinance 2023-019, Amending Seward City Code; 15.10.140(b) Definitions, Pertaining to Bunkhouse, Lot, and Long-term Rental; 15.10.222 Development Requirements Table, Updating the Minimum Buildable Lot Size for single- and Two- Family Residential Zoning Districts, and Adding Table Notes for Lot Frontage; and 15.10.226 Land Uses Allowed Table, Adding Long-term Rental, and Changing the Outright Use of Dormitories in the Office Residential and Institutional Zoning District to Require Conditional Use Permits....................................................Pg. 380 City Council Meeting Agenda 7-10-2023 2 1 P a g e B. Resolutions Requiring Public Hearing 1) Resolution 2023-074, Approving Lease Amendment 1 to the Amended and Restated Lease Agreement between OBI Seafoods, LLC as assignee of Icicle Seafoods, Inc. and theCity of Seward.........................................................................Pg. 409 9. UNFINISHED BUSINESS A. Ordinances for Enactment 1) Ordinance 2023-015, An Ordinance Of The City Council Of The City Of Seward, Alaska,Amending Seward City Code Title 6—Purchasing, Contracts And Professional Services For The City Of Seward Recodification Project...........................Pg. 480 This ordinance had a public hearing on June 12, 2023, and was postponed to July 10, 2023. B. Resolutions 1) Resolution 2023-046, Authorizing the City Manager to Enter into a Recruitment Services Contract with GovHR, and Appropriating Funds...........................Pg. 499 This resolution was postponed from April 24, 2023, until June 12, 2023. This resolution was postponed again on June 12, 2023 to July 10, 2023. C. Other Unfinished Business Items 1) Finish discuss and select members for the Ad Hoc Committee for reviewing the current status of the Seward Electric Utility. This item was postponed from June 24, 2023, and the application period was extended until July 5, 2023 at noon. a. Discuss and select four applicants for the inside city limits positions..........Pg. 528 b. Discuss and select three applicants for the outside city limits with the service area positions...............................................................................Pg. 536 10. NEW BUSINESS 1) Resolutions -None 2) Action Memoranda -None 3) Other New Business -None 11. INFORMATIONAL ITEMS AND REPORTS (No action required.) A. Boards and Commissions Minutes 1) Planning& Zoning Commission a. May 9, 2023 Planning& Zoning Minutes.......................................Pg. 543 2) Port & Commerce Advisory Board -None 3) Historic Preservation Commission -None City Council Meeting Agenda 7-10-2023 3 1 P a g e 12. CITIZEN COMMENTS (There is no sign in for this comment period. Time is limited to five(5) minutes per speaker.) 13. COUNCIL AND ADMINISTRATION COMMENTS AND RESPONSES TO CITIZEN COMMENTS 14. ADJOURNMENT City Council Meeting Agenda 7-10-2023 4 1 P a g e City of Seward Acting City Manager's Report July 10, 2023 Mayor McClure and Council Members, We have had a very busy few weeks since I have taken over as Acting City Manager there are many things happening within the city. The city staff has been very helpful this past week. The Chugachmiut project is moving forward Metco is preparing the site for construction. The city has many more meetings coming up on future legislation for council to decide on. The city had a great Fourth of July many visitors were on hand. The Central Treasury report to the CMR, the acting finance director will be available for any questions. If you have any questions please feel free to reach out to me, you have my number. Board and Commission Attendance Attached is the Board and Commission attendance record. Purchase Orders As required by the Seward Municipal Code 6.05.010, the following purchase orders between $5,000 and $30,000 have been approved by the City Manager since the last council meeting. Department Order Date Vendor Description Amount WATER 5,101/2023 CORE AVD MAIN LP :"Dater Department-Replacing=ire Hgdran.or,Coolidge&Sevaer Co•verr C,eanout Ring and Cover. 7 524.03 ROADS AND STREETS 5j01j2023 NORTHSTAR SUPPLY.LLC Sheets Departmem Operating Supplies-Calcium Chloride for dust control.x7 pallets of 2,2041b Super 7,714.00 sack of Calcium Chloride ELECTRIC ADMIN 4113j2023 ELECTRIC POWER Install of ccr1rol panel forthe temporary skid mounted substation for Infrastructure Project 15,000.00 CONSTRUCTORS.INC. SMIC GENERAL 411312023 ALA SKA INDUSTRIAL HARDWARE 2 ea Hotsy 871SS Pressure washers and 1 Hotsy BEPHW4013HG 16,081.77 INC =SCTRiC ADMIN 4113L023 IOTELCOM SU1 PLY INC Insulators for Infrastructure Iffect 29 795.00 Thank you, Norm Reds 1 City of Seward - Human Resources Manager Report Staffing Information # of Department Job Title Positions Filled Administration City Manager 1 0 Assistant City Manager 1 1 Human Resources Manager 1 1 Executive Assistant 1 1 TOTAL: 4 3 Finance Director - unfunded for 2023 1 0 Deputy Finance Director 1 1 Senior Accountant 1 1 Accounting Technician I I 1 1 Accounting Technician 11 1 1 Accounting Technician - Utilities 2 1 Accounting Tech Payroll 1 1 Accounting Tech Accounts Payable 1 0 TOTAL: 9 6 Public Works Director 1 1 Street Foreman 1 1 Maintenance Mechanic 3 3 Public Works Technician 1 1 Shop Foreman 1 1 Water and Wastewater Foreman 1 1 Water and Wastewater Operator 3 3 Building Maintenance Technician 2 1 TOTAL: 13 12 Community Development Director 1 1 Planner 1 1 GIS Technician 1 1 TOTAL: 3 3 Electric Director 1 1 Operations Supervisor 1 0 Field Engineer 1 1 Executive Assistant 1 1 Lineman 4 4 Plant Operator 2 2 TOTAL: 10 9 Fire Department Chief 1 1 Deputy Chief 1 1 Executive Assistant 1 1 Building Official 1 1 Building Fire Inspector 1 1 Firefighter/EMT 1 1 Seasonal - Summer Laborer 1 1 2 # of Department Job Title Positions Filled TOTAL: 7 7 Harbor Harbor Master 1 1 Deputy Harbor Master 1 1 Office Manager 1 1 Executive Assistant 2 2 Harbor Worker 11 6 6 Harbor Worker I11 1 1 Seasonal - Summer Laborer Part-Time 1 1 Seasonal - Summer Laborer Full-Time 1 1 TOTAL: 14 14 T Director 1 1 Senior IT Tech 1 1 IT Technician 1 1 TOTAL: 3 3 Library Director 1 1 Assitant Library Director 1 1 Library Technician 1 1 Curator 1 1 Library Aide 1 1 Seasonal - Aides 2 2 TOTAL: 7 7 Police Chief 1 1 Deputy Chief 1 1 Sergeant 1 1 Patrol Officer 7 5 Patrol Officer not funded 1 0 Executive Assistant 1 1 Corrections Sergeant 1 1 Corrections Officer 4 3 Corrections Officer not funded 1 0 Dispatch Supervisor 1 1 Dispatcher 5 5 Animal Control Officer 1 1 Animal Control Officer Assistant 1 1 DMV Clerk 1 1 TOTAL: 27 22 Parks & Recreation Director 1 1 Deputy Director 1 0 Executive Assistant 1 1 Campground Coordinator 1 1 Program Coordinator 1 1 Recreational Assistant 1 1 Maintenance Technician 1 1 Seasonal - Summer 15 11 Seasonal - Winter 2 0 TOTAL: 24 17 3 # of Department Job Title Positions Filled City Clerk's Office City Clerk 1 1 Deputy City Clerk 1 1 Executive Assistant 1 1 TOTAL: 3 3 Total number of authorized positions: 124 Total number of filled positions: 106 4 Assistant City Manager Stephen Sowell ➢ Public Works Shop Project: Work has been completed on the 35% design. We are providing a project update to City Council and the public at tonight's meeting. Additionally, we are requesting City Council approval to continue working on the project and proceed to 65% design. The City received notification from Lisa Murkowski's staff that our Congressionally Designated Spending request of $7.5M was removed by the Senate Finance Committee on June 22na from the federal budget. This means we will need to move forward with placing the full bond on the October ballot in order to move forward with the project. ➢ Public Safety Needs Assessment: Work continues on this project in collaboration with the design team and the goal is to provide City Council and the public a project update presentation in August. The project is on track to be completed by December 2023. ➢ The Board and Commission Attendance Tracker is included in this report. ➢ Heat Loop Project: The Project is in the running for a Phase 1 grant from the Department of Energy. The Heat Loop Project team continues to meet with the Department of Energy to continue "negotiations". ➢ We have scheduled a Council Retreat to take place at the Alaska Sea Life Center for Saturday, November 18t". Administration needs to confirm dates with Council on availability. The draft agenda includes: Open Meetings Act, Roberts Rules of Oder, a tour of the Sea Life Center, Boards and Commissions overview, and an overview of meetings and legislation. ➢ Attached is a copy of the 2023 Legislative Priorities Guide. I am working on drafting the proposed list for 2024, which will come to Council for determination on which projects you would like included. This legislation will be on the August 28t" meeting agenda. Concurrently, Administration will request direction on which 3-5 projects Council would like to have included as our "Congressionally Designated Spending Projects". We will need to pick the projects which are most likely to receive funding and are our key priorities. 5 ALASKA i,r � / A'' i ♦ ■ 00, moor- # � juir —w. " - ,�',. . �ti±' .. _ ".'"' .,r�■•. ., may,•'+`- -iol - m s4�.-..- �� � F.I•��'"!'"• -. .s w "` . .t - ;gyp: J♦`"iF+�' '`* fJ'rr "�ir�,9��T'w •�"�ae_ ���, - �"'.._... AOF AW law _ e ter, .,y mow INT yyyyffff a w " : • ' � r " r - t ,. 7r� m .1 e 1k � ! s •. � � � ate.-. � ra ml ' •,-f• .-1' h° .-a' ��Ff+1,•�vY •� I I Iiei ° aM ' �+f Yx •� �.d m �a. �•�AY ., LOCATED AT THE NORTHERN TIP OF RESURRECTION BAY, SEWARD HAS LONG BEEN AN IMPORTANT DESTINATION. In the Alutiiq language, Seward is known as Qutekcak, meaning 'big beach', and served the Alutiiq, Sugpiaq, and other Alaska Native peoples as a meeting area. A deep-water, ice-free port with rail, highway, and air transportation, Seward is easily accessible from Alaska's major hubs and the Lower 48. The wild and stunning natural landscapes attract adventurers from around the world to enjoy the beautiful vistas, hike the stunning trails, experience the diverse wildlife, Incorporated in Seward, Alaska is a homerule paddle and fish the rich waters, and explore our historic community. Kenai Peninsula Borough. Today, Seward is home to a vibrant community with a deep appreciation for the natural environment and local history and culture, with hundreds of thriving Seward has a population of small businesses, robust maritime and tourism industries, as well as valuable 2,600, with approximately 3,000 educational and research opportunities. additionalpeople residing in surrounding communities just We welcome you to join us in Seward and learn why we say Alaska Starts Here. outside of city boundaries. 2 2023 Legislative Priorities Report 7 Welcome to Seward,Alaska ,z» r� s F a .� . . . A r - rw , �400- 4M•' � ° Y�ht"° �. h` .�t. _,fir "'a +" +1 I I~ �'•w�'!h '~ i krAme.—a a ,wr TA ' - 6 r , � x f d f { x PV .. � d F Ram '• .... 7. BOROUGH GOVERNMENT LOCAL GOVERNMENT TAXATION Seward is located within the Kenai Seward is a city manager form of The city, along with the state of Alaska Peninsula Borough - incorporated in government, governed by a Mayor has no personal income tax. Real/ 1964 as a second-class borough. and City Council who are elected personal property tax within the city by the people of the City. The City is at a low 3.84 mils. The real/personal An elected Borough Mayor serves as property tax outside the city but within Manager is appointed by the elected pro p y y the chief administrator who works the borough is at 4.5 mils with an with an elected 9-member legislative City tt City Council, along with a additional .5 mils for the Seward/ Bear assembly, on which Seward has one seat. City Attorney and City Clerk. Creek Area Flood Service Board. The Borough is responsible for The Mayor and City Council act The sales tax for Seward is 4%. The area-wide education, solid-waste together as the Governing Body. The sales tax for the Borough is 3%. Seward management, planning and zoning, Governing Body, being the elected also has a 4% bed tax. taxation and assessment. representative of the people, adopts all ordinances and resolutions and Local service area boards provide determines the general goals and hospital, fire, and emergency services. policies of the city. About Our Government 8 2023 Legislative Priorities Report 3 r At On 4 p II�Ur� I •SR eal' " �� P lR CITY MANAGER 2023 GOVERNING BODY Janette Bower, City Manager Sue McClure, Mayor jbower@cityofseward.us Term expires October 2025 Office: 907-224-4012 John Osenga Cell: 907-362-1020 Term expires October 2024 Liz DeMoss Term expires October 2023 Stephen Sowell, Assistant City Manager Mike Calhoon ssowell@cityofseward.us Term expires October 2024 Office: 907-224-4066 Randy Wells Cell: 907-362-4062 Term expires October 2025 Kevin Finch 410 Adams St. Term expires October 2025 PO Box 167 Open Seat Seward, AK 99664 Term expires 2023 4 2023 Legislative Priorities Report 9 About Our Government CONTINUED FULL FUNDING FOR THE CONSTRUCTION AND MAINTENANCE OF THE UNITED STATES ARMY CORP OF ENGINEERS LOWELL TUNNEL . .4 OUTFALL DIVERSION STRUCTURE. a (FEDERAL) JANUARY 2022: CONSTRUCTION FULLY FUNDED THROUGH THE INFRASTRUCTURE AND JOBS ACT. $185 MILLION. THANK YOU TO ;- ALL WHOSE EFFORTS MADE THIS FUNDING POSSIBLE. � ' The district aims to construct a new flood diversion system for Lowell Creek in Seward,Alaska. Upgrades include a new 18-foot diameter tunnel and diversion dam upstream from the current tunnel; refurbishment to the existing tunnel; extension of the outfall by 150-feet to r carry creek flow and debris over Lowell Point Road; and canopy to protect the tunnel inlet from landslides. The plan also calls for select tree removal that in a flood event ', could block the tunnel if swept up. r w� r^ i r L. Lowell Tunnel Outfall Diversion Project 10 2023 Legislative Priorities Report 5 EXPANSION OF WATER/SEWER AND x ACCESS INFRASTRUCTURE WHICH WILL INCREASE CONSTRUCTION OF NEW RESIDENTIAL DEVELOPMENT THROUGHOUT CITY LIMITS. (STATE AND FEDERAL) There are two strategic areas that have been identified for utility expansion that would open the door to residential development. Afognak/ Forest Acres is an area on the northwest portion of town that has over 25 residential lots There are 150 acres of private and public land to the north of the Seward Marine Industrial Complex that can be opened up for development with the expansion of sewer lines. • Afognak Acres • Water, sewer, electric: $2,51 I,000 • Roadway: $958,000 SMIC • Sewer: $1,090,000 • Lift Station: $100,000 nr Residential bousing has been an ongoing issue in Seward and tbis project will add lots for immediate construction of much needed housing. FULL FUNDING OF THE ALASKA DEPARTMENT OF CORRECTIONS IN ORDER TO RETURN TO 100% FUNDING OF THE OPERATIONAL COSTS ASSOCIATED WITH OPERATING THE SEWARD COMMUNITY JAIL. In 2013,the City of Seward entered into a 5-year contract Collectively,the community jail Chiefs of Police are working with the State of Alaska to run the community jail in Seward. along with their respective City Managers, Mayors and The amount of the contract at that time was$655,470.00 Councils, and AML/JIA to bring the state to the table to with the guarantee of an inflation adjustment annually not to discuss our collective issues and find solutions so these jails exceed 2%. In 2015,the state amended the contract on the can stay in operation. basis of budget cuts and voided the CPI increase language. The value of the contract dropped to $368,952.00 where it has remained ever since. There have been no CPI increases and there have been no opportunities to negotiate. The state has never addressed employee wage changes, increases to fi . benefit package costs, or increases to the costs of operation. Most recently, Seward has attempted communications with the Commissioner of the Department of Corrections and have been unable to have discourse with the office. Our calls , and emails go unanswered and we have, as of this 2021, been shifted to the Probations and Parole office at the state level. The employees in this office admit they are not in a position ' to negotiate the jail contracts and are not authorized to make j' I contract adjustments. Therefore,the City of Seward is now weighing its options to determine the best course of action moving forward regarding the future of the jail facility. 6 2023 Legislative Priorities Report Water&Sewer Infrastructure and Seward Community Jail SLUDGE REMOVAL FOR THE LOWELL POINT AND SMIC SEWAGE TREATMENT LAGOONS. (STATE & FEDERAL) The City of Seward has a sludge removal program in place for the two separate wastewater treatment plants.These programs are to complete sludge removal every 7-10 years depending on the depth of sludge measured yearly.The very high costs to complete is well out of what City ratepayers can afford. With this project we will also have to install a new liner and replace aeration equipment in the lagoon. Recommended by Senator Murkowski for Congressionally Directed Spending The current liner and aeration equipment are beyond the 30- year life span. We can only fund this program by utilizing grants and loan programs that are available. There is a one-to-two-year lead time to bidding, contracting, and scheduling this work. The successful award offunding now will allow us to proceed with the lengthy and important process to get these lagoons modernized and cleaned.Estimated cost is$2,000,000. If - _ut J y Seward Treatment Lagoons 12 2023 Legislative Priorities Report 7 SEWARD MARINE INDUSTRIAL CENTER SHIPYARD: FILL AND REGRADE INFRASTRUCTURE (2)' The main boat yard area (approximately 20 acres) needs to be slightly lifted The Seward Marine Industrial Center(SMIC) has seen a significant and regraded for drainage during the increase in demand overthe last few years since the grand reopening and rainy season and break up so that the with the resident lease taken over by Jag Independent Marine. Every fall boat moving and repair business can the boat yard is completely full with many additional requests for space continue with minimal disruption: and amenities that aren't currently available. The US Coast Guard Fast Response Cutter and support will be located there starting in 2024. Costs: • Regrading:$100,000 To allow the industry to continue to grow and flourisb, there are a number of infrastructure upgrades needed. LINE EXTENSIONS AND POWER PEDESTALS IN MAIN SHIP YARD 20 ACRE LAND EXPANSION (1): (3)- There is approximately 20 undeveloped acres to the north of the current There is and increasing demand for boat yard and syncrolift area (boundary bounded by Olga, Sorrel, power in more areas of the yard. This Delphin, and Jellison). The city already has had a number of requests for would fund line extensions and 20 use of that land for leases for marine work by companies both currently additional power pedestals in main yard operating and new businesses interested in operating out of SMIC. which would allow more work to be done concurrently. Costs: Costs: • Brusb,fill, top, andgrade:$500,000 • Pedestals(20 x$8,000ea): • 500 Foot Road Extensions ofMustangArve and Morris,4ve. 2vitb $160,000 Pipe Culverts to Support 330-ton trarvellift.•$225,000 Line Installation:$150,000 a �d 0- 8 2023 Legislative Priorities Report 13 City of Seward,AK WATER SERVICE AND FIRE PUBLIC RESTROOMS (5): SECURITY (6): HYDRANTS (4): There is only one, small public restroom Narrative: With the increasing With the boat yard expansion located at SMIC which covers over 90 acres boat working going on and the and growth,the need for water and provides space for over a hundred large presence of equipment and tools, extensions and fire hydrants has vessels. An additional, large public restroom the area needs securing upgrades increased. with shower facilities is needed to service the to help keep theft down and Costs: area for current use and continued growth. business moving without delays. • Water Line(6900LFx$2251 Costs: Costs: IF):$1,500,000 • Lift Station Cost and Install:$100,000 • Fencing.-$250,000 • Fire Hydrants(15 x$5000ea): • Extension Lines:$100,000 Security Camera System(20 $150,000 0 Building and Facilities:$350,000 Cameras and installation on lightpoles):$100,000 J.. u s a • �, Jul` �_�� v y �Y City of Seward,AK 14 2023 Legislative Priorities Report 9 REPLACEMENT OF OLD PIPING WITH NEW DUCTILE IRON PIPING THROUGHOUT SEWARD. (STATE & FEDERAL) The City of Seward needs funding to replace existing galvanized and transite (AC—asbestos-cement) water mains.These problem mains are nearly 60 years old and well past their lifespan. The new ductile iron mains will replace and thus prevent the inevitable collapse and failure of the old water mains. With available funding we will replace up to 1000 feet Per year to keep safe drinking water for the community. ;w Estimated cost is$4,000,000. } 4: r— C dry,, yt 10 2023 Legislative Priorities Report 15 Ductile Pipe-Water Department SIDEWALK REPLACEMENT AND REFURBISHMENT THROUGHOUT THE CITY OF SEWARD. _ (STATE & FEDERAL) Pedestrian Safety is a high priority in Seward as our visitors increase and our sidewalks continue to deteriorate. We have multiple sidewalks needing attention throughout Seward. Securinggrant andADA funds for sidewalk replacement and refurbishment allows us to address ADA access issues for ramps,parking,and dangerous large cracks and broken concrete areas 2vitb high pedestrian traffic.Estimated cost is$2,500,000. e k w: V. ... w, VS M k t r n Sidewalk Repair&Replacement 16 2023 Legislative Priorities Report 11 FUNDING FOR THE CONSTRUCTION OF A NEW PUBLIC SEWARD PUBLIC WORKS WORKS FACILITY AT A MORE APPROPRIATE SITE. THIS Responsible for operations of the Water MOVE WILL FREE UP SIGNIFICANT LAND FOR RESIDENTIAL and Wastewater utilities,the Street DEVELOPMENT ON THE CURRENT PUBLIC WORKS FACILITY Department,the City Shop,and limited SITE. (STATE & FEDERAL) Municipal Building maintenance. It is our mission to provide the City of Seward residents with prompt service and The Seward Public Works Facility was built in 1965 after the '64 earthquake. maintenance in a cost effective manner. Relocating this facility from downtown has been a desire of this community for The majority of our work consists of over 40 years. The relocation of the facility to a more commercial area with maintenance, repairs,and improvements of adequate acreage for a new equipment warm storage building, a maintenance the City's streets, utilities,and equipment. repair shop, and other public works function are needed. SERVICES The current building is worn out and doesn't fit well in the more residential Maintaining approximately 31 miles of use district. It is too small, very inefficient, and critically inadequate fortoday's paved and unpaved roads. operations and staff. Maintenance of 28+ miles of both water distribution and wastewater collection This project is bigb on the City's priority list for funding. Completing main lines. this project asap 2vill also free up 32 small downtown residentiallots to Maintaining the City's vehicle fleet. the public and 2villgreatly help 2vitb the housing shortage in Seward. Providing snow removal and sanding for Estimated cost is$10,000,000. safe roads in the winter. �.,. . "" �`;�IYAI(IIY�IC(di(wifPMfi(f��iiIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII� a///i h I' `+,S� K �.mT%m"•'-aAv.... "" 4 PAAA88 W V � .Mxxx p wy -x x y - IIIi WIViv 1119�9PTI194: k�;t II��II ° Current Public Works facility. I Conceptual examples of new Public Works Department facility. 12 2023 Legislative Priorities Report 17 Public Works Facility FLOAT EXTENSION PROJECT IN THE HARBOR FOR Z FLOAT. (STATE & FEDERAL) There is currently an extensive wait list for vessels in the Seward Harbor. The wait list is a barrier for businesses and economic growth with charter vessels,tugs, barges, personal vessels, and commercial transient vessels not having the places they need to operate. The current wait list has been in existence for over _ 10 years when this was initiallyplaced on the d � Capital Improvements List. There has been w i movement on this list but ; the overall list(of over 4 ' w. x, Y 200)has not changed significantly with the oldest request currently still waiting since � �, . , �.,,;,, �° • �� ' I 2014. Estimated cost is $8,000,000. i IV Establisbed in ' oat i i i welcomes localfishingfleet,cbartingfisbingboars; tour boats, Coast i Cutter and i ">4k Seward Harbor Z-Float Expansion 18 2023 Legislative Priorities Report 13 FULL FUNDING AND ONGOING MAINTENANCE FOR THE SEWARD AIRPORT OPERATED BY THE STATE OF ALASKA. (STATE) The Seward Airport, operated by the State of Alaska, is a vital lifeline for our community and its safety. With no over-the-road ambulance service, we have regular Medevac flights to get citizens, workers, and visitors the urgent medical care that they need. The US Coast Guard uses the airport regularly for local refueling and transport as well during rescue operations. When there have been avalanches or slides and the road is closed,the airport is our only link for goods and supplies. Less urgent but also important is that it generates significant commerce for our community with businesses in the visitor industry. We are requesting funding for prioritized and regular The Seward Airport is unmanned and operated by the State maintenance. under visual flight rules. Some air service, flight-seeing and charter services are available. Two paved runways are utilized with one being 4,240'long by 100'wide, and the other is 2,279' long by 75'wide. Flight time to Anchorage is about 45 minutes. i i I 6 14 2023 Legislative Priorities Report 19 Seward Airport CITY OF SEWARD (GREATER SEWARD AREA) ° » r r T .5yk e wx� ' ° r r .ry 1 ,���w m , u kV e?. rye:} R 5 ' - ,,P i 1*!u i,_I4�v'u• }f L .... 'Rfi' Sri �° M m y� - R'nf " �. _ � •-._J, - +.Y �, '.. �, i .. ���'gin" y� � t, 41' I n � y� Z*'4 Y t t+. h-•,4w..-.r�h I y IJ�1'�i `+,^ ' y� A _ , a'R °; ,end ..# 1f�°;�� aVk f. ". N), 4 7 ■g r r, * x � w AN '-`,� . w " Ali �wq iL - 1 n- - w ;fi f Y iW T 4 {4 + m i - . r �-wqy . 16 2023 Legislative Priorities Report-City of Seward A?ap(Northwest) City of Seward,l4K a 4;. LYZ w's m ^ - " : r ' - ,. m y f y JpP"e"k [ , y� \1 t r, „ " - r n u _ 4 >M N.y h lip, r y `Twa c� ti AA j \. City of Seward,,4K 2023 Legisla&e Priorities Report -City of Seward Map(Northeast) 17 A krr 00. 4 i R Sw. r— r 4 ^ . IL ', " • • R5 e_R 4F . •�'yniy+�`�1T�AyS. °A' d�* p Y"-''n - ,,,y ems, �. dO w !art f' -,nJ 18 2023 Legislative Priorities Report-City of Seward ap(South) City of Seward,,4K � ♦ �i° �A ti "+�,1,��1'1��',W' 4r � vk � \ A nn ' t�.E`d roR� i, •. °�� "'� �:: * *'�.� �5 y" � of ^�.�,l .qn"�� ' "N r 4 � � rM � NN w'} � T M r Y ., w rR Sk- City of Seward,AK 2023 Legislat4ive Priorities Report -City of Seward Map(SMICArea) 19 w. 5 A' 'R w � 40 .�....* '. °'''.`" ��``�,-"�• �, "•'"� '�._ q t.a` "mow,,,.. �y ���, - City of Seward©2023 " a City of Seward,AK I P.O.Box 167 ' N 410Adams Street City Hall Building Seward,AK99664 1 (907)2243331 a `u www.cityofseward.us 7 The City of Seward would like to _ d^ acknowledge the Seward Chamber of 0 fla Commerce&CVB for their invaluable '- partnership in economic development and . a destination marketing and management. Their work is sup ported by the thousands of r. e annual visitors to Seward through a portion of the 4%bed tax collected by Seward's � esteemed lodgingproviders,as voted b y - m the citizens of Seward in the 1995 general u .� October election via Initiative Ord. 95- 001z, which took effect in November 1995, .. .m- .."p s and was implemented January of 1996. .» ' Branding,design, � g and hoto rapy h elements for the 2022 City of Seward - i. Legislative Priorities Report have been , provided by the Seward Chamber of ' --- - �- -- Commerce&CVB, as it continues to strive -" .- to fulfill its mission to keep Seward the best AL m } W ,e dace in the world to live, work and play tin CHAMBER - Seward Chamber of Commerce&CVB PO Box 749 1 2001 Seward Highway _ Seward,AK 99664 1 (907)224-8051 www.seward.com �; p - N d �ruA he s'Y s r rr u`f:i1`is#' �t ftJJJ ukJ " Illlllr �F I x 1�?tttt{� „�•� III ,., :::a .�.�.":.� I I t 1 A L A S K A CIT WARD, AK — 2022 LEGISLATIVE PRIORITIES � K" •.n 11 4 �� , : A M1 d I M Y - x - j�,a• x d Board/Commission Meeting Date Port and Commerce 1/4/2023 2/1/2023 2/15/2023 3/8/2023 4/5/2023 4/26/2023 5/3/2023 5/17/2023 YTD Tom Miller Yes 0 Paquette Yes Yes Yes Yes Yes Yes Yes Yes 0 Hughes Yes Yes Yes Yes Yes Yes Yes No 1 Jaffa Yes Yes Yes No Yes Yes Yes Yes 1 Smith Yes Yes Yes Yes Yes Yes No Yes 1 Woelkers Yes No No Yes Yes Yes Yes No 3 Atwood Yes Yes No Yes IYes Yes Yes lYes 1 Board/Commission Meeting Date Planning and Zoning 1/10/2023 2/7/2023 2/21/2023 3/7/2023 3/14/2023 3/20/2023 4/6/2023 4/19/2023 5/9/2023 5/23/2023 6/6/2023 YTD Sullivan Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes 0 Verhey No No No No No No Yes Yes Yes Yes Yes 6 Monaco Yes Yes No Yes Yes Yes Yes Yes Yes No No 3 Staggs Yes Yes No No No No Yes Yes No No No 6 Charbonneau Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes 1 Hornseth Yes Yes No No No Yes Yes Yes Yes No Yes 4 Ulman No Yes Yes No No No Yes Yes Yes No Yes 5 Board/Commission Meeting Date Historic Preservation 1/12/2023 YTD Lebbrecht Yes 1 0 Ward Yes 0 Walker Yes 0 Benoit Yes 0 LeMaster Yes 0 Vacant Vacant 27 Board/Commission Meeting Date Planning and Zoning 1/10/2023 2/7/2023 2/21/2023 3/7/2023 3/14/2023 3/20/2023 YTD Absences Sullivan Yes Yes Yes Yes Yes 0 Verhey No No No No No 5 Monaco Yes Yes No Yes Yes 1 Staggs Yes Yes No No No 3 Charbonneau Yes Yes Yes No Yes 1 Hornseth Yes Yes No No No 3 Ulman INo IYes IYes INo INo 3 Staggs no notification Verhey notified prior not attending Hornseth excused Staggs notified prior not attending Verhey out of state Ulman notified prior not attending Ulman family requirements 28 From: Herndon, Dana (Murkowski) Sent:Thursday,June 22, 2023 4:07 PM To: 'j bower@ cityofsewa rd.net' <Ibower@cityofsewa rd.net> Subject:Appropriations update Dear Janette, Thank you for your interest and participation in the FY24 federal appropriations process. I'm reaching out to you regarding your Municipal Public Works Facility Replacement Congressionally Directed Spending request. Unfortunately, although Senator Murkowski submitted your request for committee consideration, it was not included in the Senate bill, which passed out of committee today. I understand how disappointing this is, but please be assured that Senator Murkowski did all that she could to advocate for your project's inclusion. As you may know, many committee allocations were more limited than prior years. For this bill, funding allocated for CDS requests was substantially lower than last year, and only a few of Senator Murkowski's requests were funded. We appreciate the time and effort you put into this important project. Although it was not included in the bill, we would like to keep in touch and stay updated on how we can assist and support you. If your organization would like a letter of support for competitive grant opportunities, or would like to be updated about our upcoming grants symposium where you can learn about other federal funding opportunities, please reach out to me at dana_herndongmurkowski.senate.gov. Best regards, Dana . c Dana Herndon Legislative Assistant U.S.Senator Lisa Murkowski Cell: 907-301-5963 https://www.murkowski.senate.gov 29 N CMR Finance Department Sully Jusino Deputy Finance Director Mission Statement: Valuable Objectives: To provide the highest level of services responsive to our We built trust with all stakeholders through responsible community's expectations and to enhance the quality of stewardship of public resources with integrity, life and economic vitality. accountability,and respect. Utility Department: The finance department and the Carmen Jackson team continue to work on utility billing issues and resolving old problems identified through internal audits of the City as well as developing billing manuals and user guides to assist with the outsourcing process. This includes a collection program to work on collecting old outstanding balances which has resulted in the first distribution from the collection agency. Util-Assist has concluded their onsite visit and the transition process is ongoing. The City and Util-Assist are meeting at least weekly to check on the status and keep the outsourcing process moving smoothly. The finance department is assisting with information and analysis of the ongoing water/sewer rate study as well as the electric rate study that has just gotten underway. Annual Audit: The Annual Comprehensive Financial Report (ACFR)for the December 31, 2021 audit was awarded the GFOA Certificate of Achievement for financial reporting. This is the highest level or recognition in governmental accounting for recognizing complete and transparent financial reporting. This is the first time the City has received this award in several years. The 2022 fiscal year audit fieldwork with the auditors from Altman, Rogers & Co., has concluded and the final piece of information from Providence has been provided to the auditors. The City expects a draft of the report soon and will review and complete the process as quickly as possible with the goal of receiving the GFOA Certicate of Achievement again for the December 31, 2022 ACFR. Staffing: The finance department continues to struggle with retaining staff but does expect some relief with the outsourcing of the utility billing position. 30 N CMR Finance Department Sully Jusino Deputy Finance Director City Code and Fiscal Manual updates: The department continues to review the fiscal manual and portions of the City code with financial implications as part of the overall updates to policies and procedures. Only a couple of sections of the fiscal manual remain to be updated. Carmen Jackson Update: The Carmen Jackson team continues to work closely with the finance department to assist with the Util-Assist transition as well as directly assisting with the billing process until the outsourcing is complete. Additionally, CJCPA continues to provide ongoing accounting services on a daily basis and continues to assist with high level finance department operations. The Carmen Jackson team along with the finance department and administration continues to review the fiscal manual and portions of the City code with financial implications as part of the overall updates to policies and procedures. Central Treasury Report: The attached Central Treasury Report provides the unrestricted cash available by fund as of June 30, 2023. These amounts fluctuate on a daily basis and are reconciled every month. The amounts reports on the agenda statement items for the council represent the available fund balance/net assets for the impacted funds. This is a longer term perspective that takes into account the assets and liabilities of the fund, which results in different numbers than the Central Treasury Report. Any funds with negative cash on the Central Treasury Report are either waiting for funding for expenses already paid or are in the process of being closed out, negative cash for a fund does not represent a problem with operations. 31 entral Treasury Report,June 30,2023 The attached Central Treasury Report provides the unrestricted cash available by fund as of June 30,2023.These amounts fluctuate on a daily basis and are reconciled every month.The amounts reports on the agenda statement items for the council represent the available fund balance/net assets for the impacted funds.This is a longer-term perspective that takes into account the assets and liabilities of the fund,which results in different numbers than the Central Treasury Report.Any funds with negative cash on the Central Treasury Report are either waiting for funding for expenses already paid or are in the process of being closed out,where the City is required to expend the funds priorto requesting reimbursement for expenditures;negative cash fora fund does not represent a problem with operations.For example,when the City conducts repairs following a major disaster declaration,it can take multiple years before the City receives reimbursement from FEMA for its costs. Cash and Investments 2022 2023 Wells Fargo Checking Clearing Account 11,461,460.29 10,508,176.66 Undeposited Funds(Cash in Transit) 9,146.94 264,785.56 Investments 42,967,241.74 43,593,380.65 54,437,848.97 54,366,342.87 By Fund: Fund Name Fund Number General Fund 01000 8,169,794.64 8,411,027.38 Teen Council Agency Fund 02000 6,088.37 6,112.65 Motor Pool Internal Service Fund 03000 2,349,634.89 2,252,010.16 Compensated Absences Fund 03100 465,144.79 500,180.86 Harbor Enterprise Fund 11000 1,545,767.42 604,212.81 Harbor MRRF Fund 11001 736,507.56 794,152.56 Harbor Passenger Fee Fund 11002 668,218.15 524,293.55 Harbor CPV State 11103 1,604,354.49 1,745,002.84 Harbor CPV KPB 11113 216,741.98 (902,239.02)RES.2023-066,THE CITY WILL RECEIVE PROCEEDS FROM CPV KPB NE Harbor Launch Ramp Renovation Project-City 11422 624,690.33 (2,083.33)RES.2022-072/Res.2022-072 NE Harbor Launch Ramp Renovation Project-State 11423 (1,382,004.38) 0.00 G,K&LFloats City 11430 (1,130,525.97) 705,689.15 RES.2021-113 G,K&LFloats State 11431 73,783.99 (6,281.12)RES.2021-113 Cathodic Protection Project 11440 0.00 0.00 SMIC Enterprise Fund 12000 13,679.80 13,679.80 Parking Enterprise Fund 13000 293,077.53 177,777.49 Electric Enterprise Fund 15000 383,638.08 581,857.31 Electric MRRF Fund 15001 8,581,223.94 7,521,705.16 Transmission Line-City Funding 15310 957,301.76 957,301.76 Electric Critica l l nfra struct u re Fund 15340 2,616,616.05 1,223,377.70 Electric Nash Road Infrastructure Project 15351 4,797,093.46 3,648,310.64 Water Enterprise Fund 17000 1,792,401.97 2,299,211.31 Water MRRF Fund 17001 852,572.15 852,572.15 Water ARPA Fund 17100 577,195.00 210,607.49 Lowell Canyon Water Storage Tank 17330 222,914.29 222,914.29 Wastewater Enterprise Fund 18000 2,367,263.29 2,767,091.58 Wastewater MRRF Fund 18001 742,025.05 742,025.05 Wastewater ARPA Fund 18100 577,195.00 268,684.35 Hospital Enterprise Fund 19100 137,604.09 1,042,288.36 Healthcare Facilities 19102 927,284.17 927,284.17 Seward Mountain Haven Enterprise Fund 19200 9,884,288.23 11,990,407.34 Seward Historical Tour 30016 349.00 349.00 SCHC-City Funding 30040 106,457.50 977,343.12 Bus Transportation-CPV Funds 30051 0.00 0.00 Erosion Fund 30070 2,150.00 2,150.00 FEMA 2022 Lowell PT Rd Land Slide(Cat A) 70061 0.00 (1,013,819.97)Res.2022-068 FEMA DISASTER DECLARATION CITY WILL RECEIVED REIMBURSEMENT FEMA 2022 Lowell PT Rd Land Slide(Cat B) 70062 0.00 (126,904.27)Res.2022-068 FEMA DISASTER DECLARATION CITY WILL RECEIVED REIMBURSEMENT Capital Acquisition Fund-City Funding 80010 645,673.44 1,991,423.44 Animal Shelter 80015 975,570.55 68,321.10 Streets&Sidewalks-City Funding 80020 74,554.09 74,554.09 Energy Efficiency-City Funding 80040 101,211.69 93,784.69 Developer Reimbursement Program 80071 1,013,895.50 701,347.08 ARPA-LGLRR 80084 1,806,416.27 1,806,416.27 JLH-City Funding 80090 40,000.00 0.00 Total Pooled Cash and Investments by Fund 54,437,848.16 54,654,138.99 Note: *The above is the pooled cash balance of each fund,which simply represents the amount of available cash held by each fund.This differs from the fund balance in that the fund balance also considers the fund's current assets and liabilities. 32 Electric System Director Rob Montgomery • Chugach Electric Association (CEA) Rate Increase — In late June, CEA filed for with the Regulatory Commission of Alaska (RCA) for an increase in customer rates (see attached CEA press release and PowerPoint presentation). The case will be heard later this summer with a plan to implement any approved increase in the fall. The RCA required CEA to file for a rate case by August 15 of this year due to a concern about CEA's financial health and equity levels following its acquisition of Municipal Light & Power. The rate case involves a two-step process: 1) determine the annual cost of operating the utility or the revenue requirement, and 2) allocate and assign those costs to appropriate customer classes through a cost-of-service and rate design study. For the City of Seward, the increase will result in an increase of approximately 16.5 percent on base rates and around a 6.5 percent increase on the total bill. For customers of the Seward Electric System, after Seward's distribution system financials are factored in, the increase on customers' total bills will be approximately 3.5 percent. Infrastructure Projects (Ongoing) — Sturgeon Electric has completed nearly all of its work on Phase I of Nash Road. Sturgeon also is wrapping up its work on Nash Road with the installation of lower voltage distribution wire and equipment. They are also are now working to upgrade the last half-mile section of transmission line feeding from the Seward Highway, down Hemloch and along Dimond to the Fort Raymond Substation. Also, in mid- to late-July, substation contractor Electric Power Constructors will begin working on the refurbishment/rebuild of the Fort Raymond Substation. Department Overtime — Total overtime hours for the 4-man line crew and 2 plant operators for the infrastructure project (WO#4236) from June 18 through June July 1 was 105 hours. Line crew members also worked an additional 38 hours on other activities. 2023 Rate Study (Ongoing) — The rate study being conducted by The Financial Engineering Company continues. The Electric and Finance departments have been working together to provide customer and financial information to the firm as needed to complete the study. The rate study is expected to run through August with a presentation to City Council in September. Any increase in rates will go into effect in the fall. • Customer Job Orders — The Electric Department continues to take in new job orders. Between June 17 and June 30, the department completed five jobs with another six in the queue ready for the crew. Another 10 job orders are waiting for customers to complete work on their side of the meter before crews can work them. 33 2023 General Rate Case - Update Key Members Meeting June 13, 2023 Rate Case Team Chugach Legal/Regulatory Matthew Clarkson (Chief Legal Officer) Jean Kornmuller (Sr. Manager, Regulatory Affairs) CHUGACH POWERING ALASKA'S FUTURE Concentric Carl Peterson CONCENTRIC ■ Kurt Strunk NERA ECONOMIC CONSULTING Kemppell Huffman & Ellis Dean Thompson //1��1�,�h��/►��� 35 W UGA01 POWfA1NGAL11.1-11 Background Why 1 General Rate Case? ffi A Acquisition/Regulatory Financial Performance Unified Rates Innovative Rate Structures -• • RCA expressed concern about ML&P's base rates have not RCA expressed concern about Provide members with rate Chugach's post-acquisition been updated since 2017 and allowing disparate rates options that fit their individual financial health and equity levels Chugach's base rates have not between legacy service energy needs been updated since 2020 territories • Required Chugach to file a 2022 Eliminate ML&P's demand TY rate case by August 15,2023 Experienced financial pressure Required Chugach to propose ratchet for large commercial including: from increased costs(inflation a uniform rate design for all customers and supply chain disruptions) customers regardless of • Revenue requirement and decliningsales COVID Offer time of use rates to ( geographic location study incentivize customer usage impacts and customer Chugach's objective has always • Cost-of-service study,and efficiencies) g y during off-peak hours been to create a more efficient • Rate design Need to update rates to recover and equitable set of uniform Provide new rate for shore to the costs of operating and rates for the combined service ship electrical use to help maintaining the utility system territory reduce localized emissions Ensure adequate progress toward 40%equity target within reasonable period of time —� 36 3 vartnasursrrrrvrvpr Utility Raternaking — Principles and Concepts • Goals of Rate Regulation • Chugach is economically regulated by the Regulatory Commission of Alaska (RCA) • Rates must allow Chugach to: • (1) recover all reasonable and prudent expenses necessary for the delivery of utility service; and • (2) maintain acceptable equity to debt ratios through recovery of an approved margin above its costs • Two Step Process • Determine the annual cost of operating the utility (i.e., the "revenue requirement") • Allocate and assign those costs to appropriate customer classes through a cost-of-service and rate design study Preliminary/Su jecttoChange Utility Raternaking — Principles and Concepts Prudent investment and management $ t The ratemaking Assets are used and useful process is designed to ensure that the 0 Costs are known and measurable utility recovers its prudent and 9 Rates are just and reasonable reasonable costs. Cost causer is cost payer ��1��1�,����/►�A�/ 38 POWFF.1 AIII 1'S-11 ;w i Preliminary Results r Revenue } Requirement '`. Jean Kornmuller .1 4 Calculation of Revenue Requirement ■ Includes all reasonable and prudent expenses necessary for the delivery of utility services O&M Expenses ■ Chugach uses a 2022 calendar year as ordered Depreciation Expenses Taxes Other Than Income faxes by the RCA + Interest on Debt Margin ■ Results are normalized To levels that are expected during the period when Total Revenue Requirement proposed rates will be in effect. other Operating Revenue Non-Utility Revenues,Interest Income Patronage Capital Credits from Lenders Normalizing adjustments to test year expenses are made for inclusion of known and measurable changes Revenue Required from Rates for Service and exclusion of non-recurring or otherwise non- recoverable items. 40 7 CHUGACH- ------------------------------------------ --------- Proforma Revenue North District South District Combined December 2019 Previous Rate Filing 2022 Test Year 2015 Test Year * * Revenue Requirements North&South District Rate Case Proforma Test Year Proforma SRF(System) (ML&P and Chugach Proforma Revenue combined) Combined Revenue $127,319,527 $109,337,729 $136,985,274 $134,637,102 $264,304,801 $243,974,831 $Change --- ($17,981,798) --- ($2,348,172) --- ($20,329,970) Change --- (14.1%) --- (1.7%) --- (7.7%) kWh 1,004,496,565 863,721,331 1,112,447,962 1,097,340,196 2,116,944,527 1,961,061,527 kWh Change --- (140,775,234) --- (15,107,766) --- (155,883,000) Change --- (14.0%) --- (1.4%) --- (7.4%) LGS kW 1,911,810 1,583,067 1,284,181 1,237,872 3,195,991 2,820,939 kW Change --- (328,743) --- (46,309 --- (375,051) Change --- (17.2%) --- (3.6%) (11.7%) C'HUGACH *Proforma is based on currenerates and test period sales(kWh) 8 PoWEG'!NG ALPSNP'S FU*i/9F Acquisition Savings Calendar Year 2022 Actuals1 Operating Functional Area Personnel Savings Costs Total Accounting& Purchasing $2,418,647 $o ($433,940) $1,984,708 CEO $2,251,268 $0 $0 $2,251,268 Dispatch $2,047,720 $458,755 ($59,229) $2,447,246 Engineering $2,138,743 $0 $0 $2,138,743 Fuel ($182,268) $342,213 $0 $159,945 Generation $4,478,043 $0 $0 $4,478,043 HR & Safety $1,338,809 $0 ($21,274) $1,317,535 Information Services $1,305,968 $2,043,156 ($2,190,624) $1,158,500 Member Svc. & Regulatory $654,536 $477,719 ($351,035) $781,220 T&D Operations $3,138,201 $0 $0 $3,138,201 Other Operating* $0 $28,096,464 ($10,215,923) $7,789,033 Total $19,589,669 $31,418,308 ($13,272,025) $37,735,952 'Acquisition savings represent calendar year 2022 and are not cumulative(Other operating costs represent only one year amortization of the Secondary Regulatory Asset and Eklutna PPA) *Other Operating Savings:RRR Adjustment,economic dispatch fuel savings($I OM),intergovernmental charges,BRU property tax,integrated campus,ML&P non-rep overtime Other Operating Costs:Secondary Regulatory Assets,Eklutna PPA,cooperative tax,wage and benefit costs ►u 42 9 —Q+f1/6,AR7l reruuciuuzwrvxe Revenue Requirement $310 $300 Percent Change to Total Retail Rates Preliminary Change 5% - 6% $290 Preliminary Change $280 Without Acquisition Savings 16% -17% $270 $260 Pre-Acquisition Preliminary 2022 Test ML&P and Period Revenue $250 Chugach Requirement Difference Revenue Requirement $264.3M $264.5M $0.2M $240 %Change --- --- 0.08% Previous- Preliminary Without Combined 2023 Acquisition Chugach&ML&P Savings �s Preliminary/Subject to Change 10 CHUGAM POWERING I(15N,15 MGRf rl _ a i Cost of Service Study Carl Peterson P0, N CONCENTRIC 8 II 6 w�= 44 Interim Rate Increases Proposed interim rate increases: SES Retail Total Current Revenues 2,396,405 241,579,759 243,976,164 Interim Revenues 2,649,516 254,099,569 256,749,085 Interim Increase 253,110 12,519,811 12,772,92.1 Change in Demand and Energy 10.6% 5.6% Interim Total Change* 4.6% 3.6% 3.7% *Seward end user impact roughly 2-2.5 Preliminary/Subject to Change 12 MMFALY6AlAS.E1ZNlWf Permanent Rates — System Increase Proposed permanent system rate increases: S ES Retail Total Current Revenues 2,396,405 241,579,759 243,976,164 Permanent Revenues Revenues 2,792,569 261,681,436 264,474,005 Change in Total Base Revenue 16.5% 8.3% 8.4% Permanent Total Change* 6.5% 5.9% 5.9% * Effect on end use SES total bill in the range of 2.5%-3.5% CNUCw11CN Preliminary/Su6 jecttoChange nowraixruurrvruruar Permanent Rates — COSS Review O&M A&G (Overhead) Depreciation Margin Production Transmission Distribution Member Services Demand Energy Customer Residential Small Commercial Large Commercial 47 -CHUGACH <,,AE Permanent Rates — Requirements and Objectives ■ Regulatory Commission (RCA) Order: ■ "[W]e require Chugach to file proposed rule and rate revisions to fully integrate service in the North District into the Certificate No. 8 tariff, including uniform rates for ratepayer classes as determined by a rate design study that does not distinguish between ratepayers based on geographic location in the Chugach service territory." ■ Chugach's Objectives: ■ Integrate North (legacy MLP) and South (legacy Chugach) Districts into one rate schedule ■ Minimize disruption of changes in the rate design on customers ■ Utilize RCA-approved, traditional Chugach costing methods $. CHUGACH Preliminary/su �ecttoChange i Permanent Rates — Mitigation Plan _ ■ Results of Integration/Unification: ■ Significant class increases to small commercial and large primary customers ■ Disproportionate effects on legacy Chugach customers ■ Chugach's Mitigation Proposal: ■ Chugach will file both a consolidated rate design and a non-consolidated rate design as part of a Rate Mitigation Plan ("RMP") ■ The proposed RMP will deviate from cost-of-service results in the least disruptive manner as measured by bill impacts to customers ■ Effects on individual customers and customer classes depends on location due to the requirement to consolidate rates even with rate mitigation -AkftCHUG CH Preliminary/Su jecttoChange ib oE..9"..9.E Permanent Rates — Mitigation Plan Two Steps in Rate Mitigation Plan : LIMIT OVERALL INCREASE TO ANY RETAIL CUSTOMER CLASS of no more than 1.5x the total retail increase to base rates by reallocating costs to other classes LIMIT INCREASE FOR ANY LEGACY CUSTOMER CLASS =10% by differentiating volume (per kWh) charges by legacy district Preliminary/Su jecttoChange CHU Al POWfA1NGA111.i- Proposed Mitigation: Allocation Small LGS- LGS- LGS-Primary Residential General Secondary Primary Military Lighting Retail Total SES System Total Current 92,910,678 23,251,463 98,644,345 11,281,993 11,882,996 3,607,089 241,578,564 2,396,405 243,974,970 Full Cost of Service 100,023,318 29,671,712 102,839,149 13,521,726 12,018,442 3,607,089 261,681,436 2,792,569 264,474,005 Change(Base) 7.7% 27.6% 4.3% 19.9% 1.1% 0.0% 8.3% 16.5% 8.4% Change(Total Bill) 5.5% 19.4% 3.0% 13.0% 0.8% 0.0% 5.9% 6.5% 5.9% Mitigated 102,000,083 26,181,882 104,918,320 12,703,881 12,270,181 3,607,089 261,681,436 2,792,569 264,474,005 Change(Base) 9.8% 12.6% 6.4% 12.6% 3.3% 0.0% 8.3% 16.5% 8.4% Change(Total Bill) 7.0% 8.9% 4.4% 8.3% 2.4% 0.0% 5.9% 6.5% 5.9% *Seward end user impact between 3-3.5% Based on modeling as of 8 June 2023 and subject to change CHUGAW Pre v/59 nge is POWERINGR(RSNN S HRURf Comparison of BillImpacts Unified Rates Cost of Service Results Rate Mitigation Plan Bill Impact(%) Bill Impact(%) kWh Per kWh Per Month South North Month South North 200 13.8% -4.8% 200 15.1% -3.5% 500 8.4% -4.9% 500 10.0% -3.3% 600 7.8% -4.9% 600 9.3% -3.3% a 1,000 6.4% -4.9% 1,000 8.0% -3.2% 1,500 5.7% -4.9% 1,500 7.3% -3.2% 2,000 5.3% -4.9% 2,000 6.9% -3.2% Bill Impact(%) Bill Impact(%) kWh Per kWh Per Month South North Month South North 500 25.8% 1.1% 500 9.7% 0.3% 750 26.6% 5.2% 750 9.5% 4.3% c�> 1,000 27.0% 7.5% 1,000 9.4% 6.6% C7 y 1,250 27.3% 9.1% 1,250 9.4% 8.1% G1 E v7 1,500 27.5% 10.2% 1,500 9.3% 9.2% v7 2,000 27.7% 11.6% 2,000 9.3% 10.6% 3,000 28.0% 13.2% 3,000 9.2% 12.1% *Volume rates are differentiated between North and South in RMP Column Typical Customer -Ak&AaAO-. Based on modeling as of 8 June 2023 and subject to change Preliminary/Subject to Change CHUCACN POWFNING I[Nf lA 5 f NYRf Comparison of BillImpacts Unified Rates Cost of Service Results Rate Mitigation Plan Bill Impact(%) Bill Impact(%) m kWh Per Load kWh Per Load r- Month Factor South North Month Factor South North 20,832 40% 7.1% -11.1% °20,832 40/ 8.3/ -9.8/ 26,040 50% 7.4% -3.8% 26,040 50% 8.8% -2.3% to 31,248 60% 7.7% 2.9% 31,248 60% 9.2% 4.6% •i 36,456 70% 8.0% 8.9% 36,456 70% 9.5% 10.8% N 0 o Typical Customer(Both) 41,664 80% 8.2% 14.5% 41664 80/ 9.7/ 16.6/ Bill Impact(%) Bill Impact(%) kWh Per Load kWh Per Load r- Month Factor South North Month Factor South North i °1 CL 1 223,200 40% 9.8% -3.9% 223,200 40% 6.3% -7.5% C7 a) 279,000 50% 10.3% 4.1% 279,000 50% 6.5% -0.2% Typical Customer(North) to U J i 334,800 60% 10.7% 11.4% 334,800 60% 6.6% 6.4% Typical Customer(south) cn 390,600 70% 11.0% 18.0% 390,600 70% 6.8% 12.5% 446,400 80% 11.2% 24.1% 5 446,400 80% 6.9% 18.0% -doolohedal- Based on modeling as of 8 June 2023 and subjectto change ,reliminary/Subject to Change CHUGAWH Comparison of Total Bill Impacts for Key Members Count of Customer: Total Bill with Fuel 14 12 12 10 Annual Percent Change 8 Min -5.37% 8 Max 13.87% 6 Simple Avg 8.03% Bighted Avg 7.06% 4 3 2 0 0 0 1��� yla ao k ylo 1�1� 1�ulc co co bolo �co do �,o tto6` 1�alo Ito 1�I� off' t� ti�L'Ip youlc F Ito Ft t o 0 t< -.dh&Afddb—� Based on modeling as of 8 June 2023 and subjectto change Preliminary/Subject to Change 21 CHUGAW POWERING I[Rf lA S f NYRf Other Rate Design Changes ■ Remove demand rachets from North large customer rates • Updating all billing components (i.e., customer charge, energy charge and demand charge) ■ Consolidate lighting schedules ■ Propose TOU rate for residential/small commercial customers to support beneficial electrification ■ Adding a rate schedule for cruise ship interconnection 1 , 5. CHUGACH Preliminary/Su �ecttoChange 22 Timeline May 4, 2023 Meeting With Key Account Members -- Preliminary review May 5, 2023 Individual Q/A Follow-Up Sessions With Key Accounts Members June 13, 2024 Follow-Up Meeting with Key Account Members Review customer class impacts June 30, 2023 File Rate Case With RCA , 15-month statutory timeline September 1, 2023 Interim rates effective -- Assumes RCA suspends filing Final Order Deadline/Permanent Rates Effective September 23, 2024 Assumes complete tariff filing on June 30,2023 and no deadline extensions by the Commission cvAWNPre liminary/Susbjectto Change a R4,s err'wU CHUGACH POWERING ALAM'S FUTURE FOR IMMEDIATE RELEASE Contact: Julie Hasquet July 1, 2023 (907) 717-9619 Chugach Electric files required review of base rates As required by the Regulatory Commission of Alaska(RCA), Chugach Electric Association, Inc., filed a request to update its base rates, which is known as a general rate case. The filing was made on June 30, 2023. Compared to today's rates, the filing requests approval of a 5.9%increase, as measured on a total bill basis, to the Chugach retail class. As part of this total, during the time the case is being reviewed, Chugach is requesting an interim increase of 3.6%, effective Sept. 1, 2023, with the balance of the increase expected to begin in September 2024. If the final, approved retail class increase is lower than the interim increase, Chugach will refund the difference with interest to its members. When Chugach purchased Municipal Light& Power(ML&P)in October 2020, the RCA required the utility to file a rate case in 2023 to combine the rates of all customer classes regardless of geographic location. Since the acquisition closed nearly three years ago, there have been separate rates for the Chugach legacy members and the former customers of ML&P. "We are looking forward to moving toward uniform rates for each customer class," said Chugach CEO Arthur Miller. "Overall, the acquisition has been an extraordinary success, resulting in savings in excess of$72 million since closing the transaction in October 2022. Those savings are passed along to our members in the form of rates lower than what they would otherwise be without the acquisition." The base rates of ML&P legacy customers have not been adjusted since 2017, and Chugach legacy members' base rates have not been adjusted since 2020. The rate adjustments are necessary to recover the costs of operating and maintaining the utility system at a time when Chugach, like all businesses, has experienced financial pressure from inflation and supply chain disruptions, as well as declining sales due to energy efficiency measures by members and the decline seen during the COVID-19 pandemic. As part of the current filing, Chugach has proposed innovative rate structures including: • Offering "time of use" rates under a pilot program to incentivize member usage during off-peak hours; • Offering a special rate schedule for cruise ship interconnections on the Chugach system to incentivize lower carbon emissions while in port in Whittier; and, 57 • Eliminating the"demand ratchet" for large commercial customers which will allow them to pay for actual demand in a current billing period. In order to change base rates, a utility must request the change and approval from the RCA, which determines whether the rates are just and reasonable. Chugach's rate case filing will include a 30-day public comment period provided for by the RCA. If there are no extensions requested, under the "statutory timeline," a typical rate case takes about 15 months for full adjudication. Based on that timeline, Chugach is estimating final, new rates would go into effect in September or October 2024. Individual customer impacts will vary based on cost-of-service results and rate design. In order to provide continued updates and more information on the rate case as it moves forward, Chugach created a dedicated page on its website at https://www.chugachelectric.com/rate-case. The web page will be updated as new information becomes available. 58 Community Development Department Jason Bickling ➢ We have relaxed our temporary sign code due to the Mile 0-8 Construction project to ensure businesses have good visibility with the traffic disruptions. The city relaxed this code last time a project like this took place. This relaxation of code will sunset with the completion of the project in the fall. ➢ We are working with the Utility Department regarding some easements, right of ways, and pole placements - considering possible future land use. ➢ Planning and Zoning will be continuing work on Title 15 Revisions at our next Meeting on July 11t". This was supposed to be a regular meeting but we don't have any agenda items this month and so we are scheduling a work session instead. ➢ After we go through our CUP review process P&Z will be reviewing applicable code. Our code currently doesn't have a lot of teeth for following up and helping with non-compliance to the CUP. ➢ We are continuing to work on the 2023 edits and revisions for the Municipal Lands Inventory and Use Plan for the annual review in September. ➢ Chugachmiut is doing the groundwork for their new facility. We are still working through some property development pieces (utilities, access, etc.) as they finalize the engineering and designs. ➢ We are continuing to work through the compliance process with the attorney on the illegal STR that we filed suit with. I believe that we are getting close to resolution with compliance and fines/fees. ➢ We are still (patiently) waiting for the ADEC decision on the Jesse Lee Home Property review. I will let Council know immediately when we hear back from them on whether more mitigation will need to be done. ➢ Our long-term Temp is continuing to work on scanning and archiving for the Com Dev, Fire, Public Works, and Electric Departments. ➢ We are continuing with our normal business of processing of records requests, short term rental permits, replats, rezones, CUPs, and consulting regularly with community members that have questions about the development and use of their land and helping with applications. 59 GIS Report: - Selena is continuing to work on GIS development, most recently working on Public Works and Fire Dept. Projects. She is hoping to create inspection forms through ArcGIS Survey123 so that staff have a better workflow with recording features and taking notes through GIS. - Public Works has received their subfoot GNSS receiver and are starting to use it in the field with the Mile 0-8 construction projects. - Courtney is working on putting CUPs onto a web map for better tracking. Selena is creating a form for staff/ committee to use when they review CUPs. - Selena is also working with OpenGov to create GIS flags and an address table for when staff review permits. - Courtney is working on creating a zoning history map that shows all the zoning changes within the City of Seward from 1962 to present day 60 Fire & Building Department Fire Chief Clinton Crites 0 2023 TYD Statistical Information: ®L � Fire & Life Safety Inspections: 198 with 92 violations noted. We NEED volunteers, if you or Emergency Calls: 173 someone you know is interested in serving your community, please New Building Permits Issued 2023: 30 give us a call at 224-3445 or stop with a total construction valuation of $24,504,522.00. by at one of our trainings on Wednesday evenings at 6:00pm. • Great on-going training! Come by and see what we are all about! • We hosted the Alaska Excel Students teenage career exposure to the fire service. • We hosted the library's summer reading program. • Preparing for the Mt marathon Race, clearing the Jeep trail. F" .. A W ? It vIndividuals interested in keeping your home safe from fire should contact the Seward Fire Department C•mmunity Risk Reduction division for • • • about f y - i r h _w r v w ' r r " a,. f 1 w - • n `I d r q «r , � ?I 0 Become a Volunteer Firefighter or EMT FIRE DEPT. Stop by the Seward Fire Department for more information Harbor Harbormaster Norm Regis ➢ We have been working on cleanup on both sides of the bay. ➢ The 50-ton and 330-ton Travelift has really picked up; the SMIC yard is looking empty. ➢ We are continuing to train several new harborworkers on the maintaining and operating the Travelifts. ➢ We are working on the SMIC yard drainage to keep water flowing into the ditches. ➢ We still have not received our DEC permit for the water system on G, K and L-float. ➢ Some people like that we are still working with some COVID protocol in mind while continuing to do boat lifts and public contact in the Seward Harbor office. ➢ This spring we will continue the cleanup at the old Raibow dump area,just a few more items to deal with and we can lease the property out again. ➢ The harbor office is open seven days a week starting May 7. ➢ The harbor is fully staffed. ➢ We are continuing to work with the Director from the Pacific Northwest & Alaska Maritime Administration U.S.DOT on finding a suitable grant for the washdown pad project. ➢ We are waiting on funding for the 5-ton crane on I-Dock, Corp Permit has been approved ➢ We have received the Coast Guard Purchase and sale agreement the attorney and the Coast Guard are finalizing the document. ➢ The parking lots have been striped thanks to Tony for working with parking and the striping company to get them striped with all the bad weather and people moving the barricades. ➢ The harbor is full moving vessels around trying to adjust to the always changing dynamics of the harbor. ➢ The harbor has finished with the six-month permanent moorage contracts, we had 20 people give up their slips, and 35 still have not finished all of their requirements to maintain their slips as of noon on June 30. ➢ We do allow a grace period for late renewals per the tariff see below. (d) Grace Period for Late Renewals.A reserved slip holder who fails to renew by the due date may renew any time in the neat fifteen(15)days rather than relinquish the slip,provided that(1)both parties agree, (2)all other reserved moorage requirements are met,and(3)the applicable transient rate is paid on or before the fifteen(15)days has expired 64 Seward Community Library & Museum Bailey Sayler MUSEUM WINDOW DISPLAY Early Alaska Railroad The summer Windows of History display features a history of the early Alaska Railroad. Learn about the railroads beginning as the Alaska Central Railroad in 1903, through its ups and downs until it was purchased by the federal government in 1915, and its official start as the Alaska Railroad Company in 1923 when President Harding came to Alaska to drive the golden spike at Nenana. On view are an assortment of early railroad photos from the Resurrection Bay Historical Society. Thank you Museum Volunteers We would like to thank our amazing museum volunteers, from the Resurrection Bay Historical Society and the Seward Community Library Association, for all the hours they put into caring for the museum and its collection. In 2022, both organizations combined contributed over 660 hours to volunteering, with RBHS having 624 of those hours. We would also like to thank local Boy Scout Troop 568 for volunteering 56 additional hours with RBHS to complete other large museum tasks. Play n Chat Every Tuesday and Thursday, Bloom brings arts n crafts, story time, and play time for our younger crowd. New At the Library: Adult Discovery Kits • Knitting • Crocheting • Watercolor • Soapmaking • Pyro craft-wood burning with stencils • Stargazing Upcoming Events: Movie @ 2 "Waves Over Seward," a movie about the 1964 Earthquake, will be hosted daily at 2 p.m. in the downstairs community room of the library. Admission for this event is priced at $5 per person, while children aged 12 and under can enjoy free entry. 65 I Summer Reading Challenge has started with over 100 patrons signed up. Each week we are taking our signed up participants around town to meet our Local Hero's within the community! Saturday Storytime: Join us for Story-time and an activity every Saturday at 11:00 a.m. Library hours Tuesday— Friday 9 a.m. — 6 p.m. Saturdays 9 a.m.— 5 p.m. Museum Summer Hours Tuesday—Saturday-11-5 p.m. We are currently taking passport appointments for new passports. The library does not do renewals. Please call 907-224-4082 to make an appointment. MOVI ( j) 2 WA VES OVER EFL SEWARD 1964 EARTHQUAKE &TSUNAMI 06-00 Admission Kids under 12 get in free Shows once a day at 2 PM Tuesday - Saturday 25 minutes Community Room Seward Community Library & Museum 239 5th Ave 907-224-4082 wvvvv_oityofsevvard.us.libmus S WR O off the Fr he w rd1 Litlbrrary66 . i l 1- I Seward Summer Reading Program I a 0 a 0 6 0 0 9 a 9 6 0 a 0 4 6 a a a a 6 9 2 0 a 0 a 6 a 0 a a a 2 a a a a a 2 a a a a 5 The Seward Community Library&Museum is happy to announce our new theme for the 2023 Summer Reading Program is Community Heroes! We are partnering with different community heroes in Seward such as Alaska Waste, the Alaska Sealife Center,the fire department and many more! The program will be held every Wednesday from 5131 to 8 f 2! Program Includes: M' • Six reading logs (4 hours each in 20 minute Mocks) r • Weekly field trips or presentations hosted at the library • Starter goodie bag R • Weekly dramatic play toys in the Children's Room • A free baby bear ice cream from Sweet Darlings upon completion of the program! Register today in person at the library front desk or online by scanning the OR code. Registration ends 5J24! Seward Carnmunity Library&Museum wa�a 907-224-4082 I libmus@6tyof seward.net the Seward We appreciate the support from the Seward �L[�raay Community Library Association! ' J� Y City Clerk Report July 10, 2023 The Clerk's Office is pleased to announce Jodi Kurtz as our new Deputy City Clerk. We are excited to have her as part of the Clerk team! Our Executive Assistant Karen is back from her vacation, and I am glad to have all hands on deck. Our office has been staying busy processing requests for public records, liquor license renewals, and city business licenses. We are also helping coordinate the upcoming exchanges between Seward and Obihiro, Japan. A big shout out to everyone who helped with the 4" of July Festival! With Tuesday being a holiday, we are now catching up and trying to assemble the council packet to get it released ASAP for the July 10, 2023 meeting! -Kris Peck 7/6/2023 68 SEWARD PUBLIC WORKS FACILITY 35% DESIGN & CONSTRUCTION COST ESTIMATE-JULY 2023 69 SEA LION l�'E NEED FOR PROJECT NEW PUBLIC WORKS FACILITY 1. Existing Facility significantly undersized,does not support Public Works Division andP i Water/Sewer Division's future needs 2. Building is past its serviceable design life,retrofit/rehabilitation of existing PW not cost effective 9tl �4��rpJF�I PVE 3. Re-purposing and subdividing of Public Works Parcel into 21 new residential parcels �L r 4. Create new housing to address long-term City goals °S. Reduce truck traffic in downtown district ° CITY OFSEWARD o� Z`fl mnoi foral1 T JEI[�F�FyIE{pRS��,�gRpT -EXIST S PU8 IC,WORKS �?? FACILITY J.�.� Project Vicinity Map 70 WORKPERFORMED TO DATE 35%Design Site Plan ——————————————— __ -----_ _1 a 1. Geotechnical Investigation & Recommendations -- -r --------- 2. Topographic Survey a.. 3. Agency Coordination 4. 35% Design Completed a) Civil Engineering and Project Management(R&M) — —°` — Site Design,Drainage,Engineering,Utility Design and Driveway coordination. b) Architectural Design(KPB Architects)—Facility Layout, l Room Sizing,Offices,and Code Review. � �° c) Structural,Mechanical and Electrical Design(CRW) a 5. Independent Construction Cost Estimate (HMS) 4 71 PRIMARY FEATURES OF THE PUBLIC WORKS FACILITY DESIGN FEATURES: 7. Storage and parking for City vehicles,equipment,and supplies 1. Offices with conference rooms for Public Works and Water/Sewer Utility 8• Complete fencing with motorized gate access for site security 2. Bays for vehicles,heavy equipment maintenance,wash and welding 9• Direct access from the Seward Highway 3. Fire Department Ladder Truck storage bay 10. Sand Storage Building for winter sanding operations 4. Specialized roomsfor equipmenttools,parts,and oil storage 11. Solar panelsto reduce electrical utilitydemand 5. Improved lighting,aircirculation,and maintenance safety 6. Storage for water/sewer—pipe,tools,and other maintenance equipment s , �F-w— , n, _ a w Tn , 72 CONSTRUCTION COST ESTIMATE SUMMARY MS Project No.: 22148 35%DESIGN COST SUMMARY Material Labor Total 01-SITE WORK $1,495,488 $1,748,653 $3,244.141 02-SUBSTRUCTURE 791,782 528,231 1,320.013 03-SUPERSTRUCTURE 1,800,067 861,021 2,661.088 04-EXTERIOR CLOSURE 786,713 276,927 1,063 640 05-ROOF SYSTEMS 449,326 274,344 723.67C 06-INTERIOR CONSTRUCTION 342,428 325,352 667.780 07-CONVEYING SYSTEMS 0 0 0 08-MECHANICAL 697,086 488,827 1,185.913 09-ELECTRICAL 507,226 534,570 1,041.796 10-EQUIPMENT 93,350 15,463 108.813 11-SPECIAL CONSTRUCTION 166,530 83,288 249,818 SUBTOTAL: $7,129,996 $5,136,676 $12,266,672 12-GENERAL REQUIREMENTS 4,485,168 SUBTOTAL: $16,751,840 13-CONTINGENCIES 5,100,566 TOTAL ESTIMATED CONSTRUCTION COST: $21,852,406 COST PER SQUARE FOOT. $892.15/SF GROSS FLOOR AREA: 24,494 SF �u. 73 PROJECT SCHEDULE 2731-SenaM Task Srhed�IE Ill k Name aao rt Fm" _ and Ouar<er 3rd Ouar<er qth-11 Quarter _ 3lulou FebrM lul Field YJark Sdays Preliminary 1111ac1age Preparation ,.days Nn 2, TM1usri3/z3 1. March 2023 —Approval of 5 Subml[TI[Ny.S wWIW ,day Fd5f,9/z3 Ili—7/9/z3 ,yard Review.5//=g 5 eward Review 34dayz Mon S/za/z3 TFu.Io/s; 6 SMvrdRM.w M..tlng ,day Fd Tfflz; 1I7/T,,, nvard'Review Meeting.717 Notice to Proceed (NTP)for 7 Bub.it-111(K..1 P—W.Borwph) ,day MPn,�T,i)Mon?/,7/zI KenaPPenisula Bnough)*7/,7 8 KPB Period 39 days Tue 7/181a3 Fri 9/3" 9 FirxlRR.raw C.7- ,day Fi 5/8A3 fn9,8/a3 Final Review Commerds�gl8 35% Design inzl"Z PI� 9days riofi zz3 Th 5 3 T 13 final%..—I ,day Frio/zo/a3 fri,o/a.fa3 Final Pla<Recorded�,o/:o 2. June 2023 —35% Design & 51 e 16 as om pi l anon S Basema p Creation 5days Aon r _q/3,"3 F -_f Design NTP day Wetl zgla3 W d ag1a31gP ;lag Cost Estimate Submitted for Voter Bond Development <mate° 65%Design 3. July 2023 — 65%Design an,aw�nmman�rs5 otlap M z/±9/z3 �7 Approval �reF� day, x8 95%p fi 'ons yl I. echElec) 3.days a9 95%Es<ima<e ,.days \.on,lag/aq Fz/9/aq 31 6takeh.lder Review Comments ,.daye Aon_l,alaq _ 4. October 2023 —NTP for m 3 ^' 33 -11-Du[far Bidn ,days on 3/181 Man 3/,8/zq noJen O,h Far Bid 3/,8 100% Final Design q Re=p.nre=a6ddng6ed.d 25da Mue3/,9/aq M.nq,aa/aq on,<rnrt,enCon<ra� — 35 ConsbuRi.n C.,Naat Awardetlrt ,o tlays Tueq/z;/ra Mon S/6/zq Awarded�5/6 36 '% 37 Cansburti.n NTP ,d.Y Tue 5/7/zq iue 517/zq [onrt—.,NTP 5/7 5. February 2024 —Issue for ,g qo c. go d ays i`/ed 5/8/zq Tue,a/3/aq Construction Bidding PEMeEeCho° 3.days Wed 124tr T°e V,q,v5 — qz SubsGr,dal Cempl.len ,day W.d.51.5 Wad✓gfa5 BubsGn<ial Completion q3 ecor ravings xo days —V,9?,4 Tue IN125 yy qq Clwa.ut ,dq W.d✓,5f.5 Wa"I. a<�, LN T 74 SEWARD PUBLIC WORKS FACILITY Existing Public Works Facility 75 City of Seward,Alaska City Council Special Meeting Minutes June 12, 2023 Volume 42,Page CALL TO ORDER The June 12, 2023 special meeting of the Seward City Council was called to order at 5:30 p.m. by Mayor Sue McClure. OPENING CEREMONY Police Chief Alan Nickell led the Pledge of Allegiance to the flag. ROLL CALL There were present: Sue McClure, presiding, and John Osenga Liz DeMoss Mike Calhoon Randy Wells Kevin Finch Robert Barnwell comprising a quorum of the Council; and Norm Regis, Acting City Manager Stephen Sowell, Assistant City Manager Alan Nickell, Police Chief Tammy Nickell, Human Resource (HR) Karen Corrigan, Acting Deputy City Clerk Excused—None Absent—None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING No citizens signed up for comment. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (DeMoss/Osenga) Approval of Agenda and Consent Agenda Motion Passed Unanimous There were no items on consent to be read into record. NEW BUSINESS Other New Business Review the applications received by Human Resources for the City Manager position. 76 City of Seward,Alaska City Council Special Meeting Minutes June 12, 2023 Volume 42,Page Mayor McClure explained that there were five city manager applications received. Tonight the council could choose if there were any to interview. Wells requested clarification if the other four applicants could be discussed in public, since only one applicant had replied they were approved a public discussion. Tammy Nickell advised that the five applicants were given a chance to request that their application be discussed publicly, and four did not respond to that request. McClure pointed out options that council have tonight are to choose to interview all five applicants or to narrow the list down. DeMoss felt that they should be able to discuss the applicants and only go into Executive Session if they are going to have questions on personal matters. Calhoon wanted to extend the application period another 30 days. Calhoon concluded that he preferred to interview all five applicants, then if none were acceptable to extend the application time another 30 days. DeMoss agreed that the council should interview all five applicants. Wells agreed to interview all five applicants. He added that if the council could not reach a decision after the interviews to then move forward with opening the position back to the public. Motion (Osenga/Wells ) To move forward to interview all five applicants. Motion Passed Unanimous McClure inquired with the council if anyone had objections to a special meeting for the purpose of city manager applicant interviews on Wednesday, June 28th at 5:00 pm. There was no objection from the council. McClure confirmed with the council that the option of interviewing online by video conference would be open to every applicant. There were no objections to the online interview option. The council appointed Finch, Osenga, DeMoss to a committee to review the interview questions. Motion (Wells /Finch) For Human Resources to do background checks and present them to the council prior to the interview date. 77 City of Seward,Alaska City Council Special Meeting Minutes June 12, 2023 Volume 42,Page Wells stated that he presented this motion because the council should have the background check information prior to the interviews since the council may decide after the interviews to open the application process again for thirty days after. Barnwell stated that allowing HR to contract out the background checks would allow complete objectivity. Tammy Nickell stated that Alaska Municipal League (AML) are who the office used for background checks. Motion to Amend (Wells /Finch) Direct Human Resources(HR)in the event that AML is not able to perform background checks in a timely manner prior to the interview date,that HR will to the best of their ability background checks of the applicants prior to the interview date. Motion to Amend Passed Unanimous Main Motion Passed Unanimous Motion (Finch/Wells) Have HR contact the applicants and request that they send the council their last two evaluations. Finch withdrew his motion with no objections. CITIZEN COMMENTS Tim Dillon, outside city limits, Kenai Peninsula Economic Development pointed out that the council appeared to have a diverse group of applicants to choose from and enjoyed the discussion tonight. Alan Nickell, outside city limits, stated he was the police chief, and that the council had time and hoped that they took their time in choosing a good leader for the city and choose someone with project management experience. Nickell stressed the importance of a professionally done background check. Becky Dunn,inside city limits, advised the council that an employer can inquire to previous employers if they would re-hire a previous employee. Lynda Paquette, outside city limits,requested the council to inquire to the applicants if they knew anyone in town. 78 City of Seward,Alaska City Council Special Meeting Minutes June 12, 2023 Volume 42,Page COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Finch stated the process has been interesting. Barnwell stated that having five applicants to choose from was nice and looked forward to the interviews. Wells thanked the police chief for his input and the citizens' correspondence,which helped with the process. DeMoss thanked everyone for their comments and for those who applied for the position. Mayor McClure thanked everyone who appeared and commented. EXECUTIVE SESSION No executive session was held. ADJOURNMENT The meeting was adjourned at 6:40 p.m. Karen Corrigan Sue McClure Acting Deputy City Clerk Mayor (City Seal) 79 City of Seward,Alaska City Council Special Meeting Minutes June 28, 2023 Volume 42, Pale CALL TO ORDER The June 28, 2023 special meeting of the Seward City Council was called to order at 5:00 p.m. by Mayor Sue McClure. OPENING CEREMONY Police Chief Alan Nickell led the Pledge of Allegiance to the flag. ROLL CALL There were present: Sue McClure, presiding, and John Osenga Liz DeMoss Mike Calhoon Randy Wells Kevin Finch Robert Barnwell comprising a quorum of the Council; and Norm Regis, Acting City Manager Stephen Sowell, Assistant City Manager Tammy Nickell, Human Resources Director Alan Nickell, Police Chief Kris Peck, City Clerk Excused—None Absent—None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Lynda Paquette, outside city limits, encouraged council to ask the first candidate why they decided to apply for the city manager position. Paquette had concerns that the first candidate lacked a history in government work and didn't fit the job criteria. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Wells/Osenga) Approval of Agenda and Consent Agenda Motion Passed Unanimous There were no items on the consent agenda. NEW BUSINESS Other New Business 80 City of Seward,Alaska City Council Special Meeting Minutes June 28, 2023 Volume 42, Pale Interview the City Manager Applicants Interview with George Zoukee (video conference) began at 5:05 p.m. and concluded at 5:28 p.m. Interview with Samuel Sulkosky (video conference)began at 5:32 p.m. and concluded at 6:11 p.m. Council recessed the meeting at 6:12 p.m. Council resumed the meeting at 6:18 p.m. Interview with Kat Sorensen began at 6:18 p.m. and concluded at 6:39 p.m. Council recessed the meeting at 6:40 p.m. Council resumed the meeting at 6:45 p.m. Interview with Edgar Blatchford began at 6:46 p.m. and concluded at 7:25 p.m. Council recessed the meeting 7:25 p.m. Council resumed the meeting 7:31 p.m. Interview with Susana Stinnett began at 7:31 p.m. and concluded at 8:13 p.m. Motion (DeMoss/Wells) Offer the city manager position to Kat Sorensen pending negotiations and background check. Wells thought Sorensen's interview was excellent. Finch wanted his decision to be based on qualifications and experience. He felt there were three other applicants who had more experience than Sorensen. Barnwell said Sorensen's strengths far outweighed her weaknesses. She had a unique ability to reach across all types of social groups. Sorensen understood Seward's unique business sector and her track record as Chamber of Commerce Director was sterling. Osenga admitted he had some initial reservations about Sorensen, however he was completely converted to a supporter after her interview. He felt she was capable of learning everything she needed to know as city manager. McClure said Sorensen hit the interview out of the park and wanted to offer the position to Sorensen. Calhoon said he didn't want to hire any of the five applicants who interviewed tonight. He felt the city needed someone who could come in and do the job without a lot of training on public administration. His recommendation was to hold off on a decision tonight and go through the GovHR hiring process. GovHR would furnish the city with qualified applicants who would meet the requirements of the job description. 81 City of Seward,Alaska City Council Special Meeting Minutes June 28, 2023 Volume 42, Pale Motion Passed Yes: Wells, DeMoss, Barnwell, Osenga, McClure No: Calhoon, Finch Council directed administration to initiate the hiring process. Council appointed a negotiating team consisting of Finch, DeMoss and Mayor McClure to meet with Sorensen and negotiate a contract. CITIZEN COMMENTS Darryll Schaefermeyer,inside city limits, said he appreciated council for the process they went through to reach their decision. Schaefermeyer predicted Sorensen would do an admirable job as city manager. Tony Baclaan, inside city limits, recalled past city manager candidates provided by GovHR were not up to par considering the expense paid for that service. Baclaan was glad the hiring was done in house. He recommended the contract negotiation team could include stipulations to set goals for the new city manager. He was glad the decision to offer the position to Sorensen was made tonight. Lynda Paquette, outside city limits, said it was a great night and felt the interview questions were spot on. She initially didn't think Sorensen was qualified,but noted how the energy in the room went up 100% during Sorensen's interview. Sharyl Seese, inside city limits, initially didn't think Sorensen was qualified, but the excellent interview won her over. She was confident that Sorensen was a great choice. COUNCIL AND ADMINISTRATION COMMENTS & RESPONSE TO CITIZEN COMMENTS Regis thanked Tammy Nickell in the HR Department for her hard work during this hiring process. Sowell said that the city department heads would support Sorensen in her new role as city manager. Finch appreciated the community input. However, he still felt the city manager should be hired based on experience and qualifications. Barnwell thanked Tammy Nickell for her fine work in HR Department and thanked all the applicants for their time. Barnwell felt Sorensen had such great energy that it would be an exciting time for Seward. Calhoon thanked all the candidates and thanked the HR Department. He appreciated all the citizen comments and understood their perspective. Calhoon said he would absolutely be willing to work with Sorensen to be successful. 82 City of Seward,Alaska City Council Special Meeting Minutes June 28, 2023 Volume 42, Pale Wells noted Sorensen didn't have any Chamber of Commerce experience prior to making the Seward Chamber of Commerce the best one in the state. Wells was very confident that Sorensen would excel in this position. DeMoss thanked everyone who interviewed tonight. She thanked Sowell and Regis for holding down the fort in the city manager's office. Osenga thanked all the applicants for interviewing. He congratulated Sorensen and thanked city administration and HR Department for their hard work. Osenga felt it had been a good process overall and noted how this council worked well together. McClure said it was good to see Edgar Blatchford in person and she thanked all the applicants for their time. McClure thanked Tammy Nickell in the HR Department for her help with the process. She congratulated Sorensen and noted the energy level was exciting. She appreciated the entire council for their different viewpoints. EXECUTIVE SESSION No executive session was held. The meeting was adjourned at 8:42 p.m. Kris Peck Sue McClure City Clerk Mayor (City Seal) 83 Resolution 2023-075 Authorizing The City Manager To Enter A Contract With METCO Alaska, LLC For The Installation Of Water And Sewer Infrastructure, And Appropriating Funds Documents: • Agenda Statement • Resolution 2023-075 • ADEC Facility Information Form • Ballaine Blvd Project METCO Bid • COS Water Sewer Drawings • COS ITB Documents 84 City Council Agenda Statement Meeting Date: July 10, 2023 To: City Council Through: Norm Regis, Acting City Manager Subject: Resolution 2023-075: Authorizing The City Manager To Enter A Contract With METCO Alaska, LLC For The Installation Of Water And Sewer Infrastructure, And Appropriating Funds Background and justification: The City is the process of design and engineering for a new Public Works Facility. The construction of a new Public Works Facility has been listed on the City of Seward Comprehensive Plan for a number of years as well as the Legislative Priorities List and Capital Improvement Plan. The Municipal Land Plan, as approved by City Council, has identified the parcel where the current Public Works Facility is located as desirable for residential development. In order to accommodate future residential development at the current Public Works Facility on 6th Avenue and Ballaine Blvd, water and sewer improvements are necessary. The City of Seward Public Works Department issued an invitation to bid on May 30, 2023 to solicit contractors interest in completion of the water and sewer extensions. Two responses were received in response to the Initiation to Bid and METCO Alaska, LLC was the most responsive bidder to the invitation to bid. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with(citation listed): Comprehensive Plan: 3.3 Housing Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ 408,589.56 This legislation(✓): Creates revenue in the amount of $ x Creates expenditure in amount of: $ 408,589.56 Creates a savings in the amount of $ Has no fiscal impact Funds are (✓): Budgeted Line item(s): x Not budgeted Not applicable 85 Fund Balance Information Affected Fund(✓): General SMIC Electric Wastewater Boat Harbor Parking F1 Water F1 Healthcare Motor Pool X Other ARPA Note:amounts are unaudited Available Fund Balance $ 1,481,348.00 Finance Director Signature: "ton Attorney Review eYes Attorney Signature: Not applicable Comments: Administration Recommendation eAdopt Res. Other: 86 Sponsored by: Regis CITY OF SEWARD,ALASKA RESOLUTION 2023-075 A Resolution of the City Council Of The City Of Seward, Alaska, Authorizing The City Manager To Enter A Contract With METCO Alaska, LLC For The Installation Of Water And Sewer Infrastructure,And Appropriating Funds WHEREAS,the current Public Works Facility is past its useful life and does not meet the needs of the community or the staff operating in the department; and WHEREAS, construction of a new Public Works Facility is listed on the City of Seward's 2023-2028 Capital Improvement Plan; and WHEREAS, the Municipal Land Use Plan has identified the parcel where the current Public Works Facility is located as desirable for residential development; and WHEREAS, the City of Seward clarified the intended use for LLGLRRP funds to be used for the investments utility and related infrastructure in the Resolution 2023-057; and WHEREAS, City Council provided City Administration direction during the June 12 and June 24, 2023 meetings regarding lot size and zoning; and WHEREAS,in order to accommodate future residential development at the current Public Works Facility on Sixth Avenue and Ballaine Blvd, water and sewer improvements are necessary; and WHEREAS, The City of Seward Public Works Department issued an invitation to bid on May 30, 2023 to solicit contractors interest in completion of the water and sewer extensions; and WHEREAS, METCO Alaska, LLC was the most responsive bidder to the invitation to bid. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is authorized to enter into a contract with METCO Alaska LLC for the installation of water and sewer infrastructure. Section 2. Funding in the amount of$408,589.56 is hereby appropriated from ARPA Account 80084-0000-3400 to Infrastructure Expense Account 80084-0000-8100-0090 New Public Work Facility. Section 3. This resolution is effective upon adoption. 87 CITY OF SEWARD,ALASKA RESOLUTION 2023-075 PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this loth day of July, 2023. THE CITY OF SEWARD,ALASKA Sue McClure, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk (City Seal) 88 City of Seward INVITATION TO BID Ballaine Boulevard Water & Sewer POP ti 1 4 June 2023 Prepared by: R&M Consultants, Inc. 9101 Vanguard Drive Anchorage, AK 99507 (907) 522-1707 89 TABLE OF CONTENTS DIVISION 0 -BIDDING AND CONTRACT REQUIREMENTS, CONTRACT FORMS, CONDITIONS OF THE CONTRACT BIDDING and CONTRACT REQUIREMENTS 000030 Public Notice— Invitation to Bid 000100 Information to Bidders 000200 Required Documents 000300 Bid Form 000305 Bid Modification Form 000310 Bid Schedule 000320 Bid Bond 000360 Statement of Qualifications CONTRACTFORMS 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 000800 Modifications to the General Conditions 000900 Special Provisions TECHNICAL SPECIFICATIONS Division 32—EXTERIOR IMPROVEMENTS 320000 Exterior Improvements Division 33—SITE UTILITIES 331100 Water Utility Distribution Piping DRAWINGS (Bound Separately) City of Seward Ballaine Boulevard Water& Sewer Improvements END OF SECTION Ballaine Boulevard Water&Sewer Improvements Pagel 90 SECTION 000030 - PUBLIC NOTICE - INVITATION TO BID CITY OF SEWARD, ALASKA Public Notice— Invitation for Bids Ballaine Boulevard Water&Sewer Improvements The City of Seward ("City") is seeking bids for a contract to construct water distribution mains,water valves, fire hydrants,water services,sanitary sewer main, sanitary sewer manholes, and sewer services. This work is bounded by 6th Avenue, Ballaine Boulevard,Adams Street and Jefferson Street. Work includes replacing asphalt on Ballaine Boulevard and restoring the roadway embankment and drainage features. An optional pre-bid site visit will be held at the Public Works Facility, Seward, Alaska, 99664 June 8, 2023 at 11:00 am. All questions relating to technical matters, bid procedures or other aspects of the project should be directed to the following: Doug Schoessler by e-mail: doug@cityofseward.net. All questions must be received no later than 2:30pm on June 15, 2023. The bid documents are available at the office of the City Manager. Electronic copies are available for no charge. Paper copies can be made available from a local reproduction company at the Contractor's expense. To receive a copy of the bid documents and to be considered a Plan Holder contact Kirsten Loertscher at 907-224-4058 or by email at kloertscher@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 2:OOpm on June 22, 2023 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 CLERK City of Seward P.O. BOX 167 Ballaine Water&Sewer Improvements 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 2:30pm on June 22, 2023. 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. Ballaine Boulevard Water&Sewer INVITATION TO BID Section 000030 Page 1 91 SECTION 000100 -INFORMATION TO BIDDERS CITY OF SEWARD, ALASKA Information to Bidders Ballaine Boulevard Water&Sewer Improvements The City of Seward, Alaska, is concerned over 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 Doug Schoessler Director of Public Works/Project Manager, 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. Ballaine Boulevard Water&Sewer INFORMATION TO BIDDERS Section 000100 Page 1 92 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 for bids. (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 Ballaine Boulevard Water&Sewer INFORMATION TO BIDDERS Section 000100 Page 2 93 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 specified in the contract documents with adequate related experience. The City of Seward reserves the right to approve or reject bids based on bidder qualifications. 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 2:OOpm on June 22, 2023. 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 Ballaine Boulevard Water& Sewer Improvements 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 000900 Special Provisions- 900.07. 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 Ballaine Boulevard Water&Sewer INFORMATION TO BIDDERS Section 000100 Page 3 94 SECTION 000100 -INFORMATION TO BIDDERS perform properly, or complete on time, contracts of similar nature; to reject the bid of a bidder who 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. Ballaine Boulevard Water&Sewer INFORMATION TO BIDDERS Section 000100 Page 4 95 SECTION 000100 -INFORMATION TO BIDDERS 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. 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. Ballaine Boulevard Water&Sewer INFORMATION TO BIDDERS Section 000100 Page 5 96 SECTION 000100 -INFORMATION TO BIDDERS END OF SECTION Ballaine Boulevard Water&Sewer INFORMATION TO BIDDERS Section 000100 Page 6 97 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—as described in Section 000360 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 Ballaine Boulevard Water&Sewer REQUIRED DOCUMENTS Section 000200 Page 1 98 SECTION 000300- BID FORM BID FORM City of Seward, Alaska Ballaine Boulevard Water & Sewer 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: Title: CONTRACTOR'S LICENSE NUMBER: EXPIRES: BUSINESS ADDRESS: TELEPHONE: 99 SECTION 000305- BID MODIFICATION BID MODIFICATION City of Seward Seward, Alaska Ballaine Boulevard Water & Sewer 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 PAY ITEM DESCRIPTION REVISION TO REVISION TO ITEM UNIT BID BID AMOUNT NO. PRICE +/- +/- TOTAL REVISION: $ Name of Bidding Firm Responsible Party Signature Date This form may be duplicated if additional pages are needed. Page of 100 SECTION 000310—BID SCHEDULE CITY OF SEWARD, ALASKA BALLAINE BOULEVARD WATER& SEWER IMPROVEMENTS BID SCHEDULE 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. SCHEDULE A—WATER IMPROVEMENTS ITEM ESTIMATED UNIT NO. WORK DESCRIPTION UNIT QUANTITY BID TOTAL BID PRICE PRICE Furnish and Install Water Pipe (8" A-1 PVC C900 DR18 RJIB) LF 710 Furnish and Install 8-inch Gate Valve A-2 EA 2 Trench Excavation and Backfill A-3 LF 710 Pipe Bedding A-4 LF 710 Furnish and Install Fire Hydrant A-5 Assembly EA 2 Connect to Existing Water Main A-6 LS 2 Furnish and Install 1-inch Residential A-7 Water Service EA 9 Remove and Dispose of Asbestos- A-8 Containing Materials CS 1 TOTAL SCHEDULE A SCHEDULE B—SEWER IMPROVEMENTS ITEM ESTIMATED UNIT NO. WORK DESCRIPTION UNIT QUANTITY BID TOTAL BID PRICE PRICE Furnish and Install Sewer Pipe (8" PVC B-1 C900 DR18 RJIB) LF 320 B-2 Trench Excavation and Backfill LF 320 B 3 Pipe Bedding LF 320 Furnish and Install Sanitary Sewer B-4 Manhole LF 2 Furnish and Install Residential Sewer B-5 Service EA 9 TOTAL SCHEDULE B 101 SECTION 000310—BID SCHEDULE SCHEDULE C— ROADWAY IMPROVEMENTS ITEM ESTIMATED UNIT BID TOTAL BID NO. WORK DESCRIPTION UNIT QUANTITY PRICE PRICE C- 1 A.C. Pavement (Class E) TON 174 C-2 Leveling Course TON 166 C- 3 Classified Fill & Backfill Type II-A TON 2,454 C-4 Unclassified Excavation CY 1,262 TOTAL SCHEDULE C BID SUMMARY: TOTAL AMOUNT(SCHEDULE A + B + C) IN FIGURES: $ TOTAL AMOUNT(SCHEDULE A + B + C) IN WORDS: COMPANY NAME: Signature: Date: Title: 102 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 Surety (Seal) Ballaine Boulevard Water&Sewer BID BOND Section 000320 Page 1 103 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: Ballaine Boulevard Water&Sewer STATEMENT OF QUALIFICATIONS Section 000360 Page 1 104 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/ PRESENT CAPACITY 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: Ballaine Boulevard Water&Sewer STATEMENT OF QUALIFICATIONS Section 000360 Page 2 105 SECTION 000360 -STATEMENT OF QUALIFICATIONS b. List, as an attachment to this questionnaire, other directly related experience on similar 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 Specialty 1. 2. 3. 4. 5. 1 hereby certify that the above statements are true and complete. Dated at this day of , 20 Name of Contractor Signature Title of Person Signing Ballaine Boulevard Water&Sewer STATEMENT OF QUALIFICATIONS Section 000360 Page 3 106 SECTION 000500 -CONTRACT CITY OF SEWARD, ALASKA BALLAINE BOULEVARD WATER &SEWER IMPROVEMENTS 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: October 15, 2023 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 $ Performance Bond, to secure the proper compliance with the terms and provisions of this Contract, are Ballaine Boulevard Water&Sewer CONTRACT Section 000500 Page 1 107 SECTION 000500 -CONTRACT 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 DOUG SCHOESSLER 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 Company Name Signature of Authorized Company Representative Typed Name and Title Date CITY OF SEWARD Signature of City Manager Typed Name Date City Clerk (ATTEST) Ballaine Boulevard Water&Sewer CONTRACT Section 000500 Page 2 108 SECTION 000610 -PERFORMANCE BOND For: BALLAINE BOULEVARD WATER AND SEWER IMPROVEMENTS Project Name and Number KNOW ALL WHO SHALL SEE THESE PRESENTS: that of as Principal and of 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: SURETY By: By: Address: Address: Note: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners must execute Bond. Ballaine Boulevard Water&Sewer PERFORMANCE BOND Section 000610 Page 1 109 SECTION 000620 - PAYMENT BOND For: BALLAINE BOULEVARD WATER AND SEWER IMPROVEMENTS Project Name and Number KNOW ALL WHO SHALL SEE THESE PRESENTS: that of as Principal and of 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: SURETY By: By: Address: Address: Note: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners must execute Bond. Ballaine Boulevard Water&Sewer PAYMENT BOND Section 000620 Page 1 110 SECTION 000630 -TAX COMPLIANCE CERTIFICATION Kenai Peninsula Borough Tax Compliance Certification Form Ballaine Boulevard Water&Sewer TAX COMPLIANCE CERTIFICATION Section 000630 Page 1 111 Tax Compliance Certification Kenai Peninsula Borough Finance Department 144 N. Binkley Street Phone: (907) 714-2197 Soldotna, Alaska 99669-7599 or: (907) 714-2175 www.kpb.us Fax: (907) 714-2376 1.) Fill in all information requested. 2.) Sign and date.3.) Submit with solicitation,or other. For Official Use Only Reason for Certificate: For Department: ❑Solicitation ❑ Other: Dept. Contact: Business Name: Business Type: ❑ Individual ❑ Corporation ❑ Partnership ❑ Other: Owner Name(s): Business Mailing Address: Business Telephone: Business Fax: Email: As a business or individual, have you ever conducted business or owned real or personal property within the Kenai Peninsula Borough? (If yes, please supply the following account numbers and sign below. If no, please sign below.) ❑ Yes ❑ No 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. REAL/PERSONAL/BUSINESS PROPERTY ACCOUNTS TAX ACCOUNTS/STATUS TO BE COMPLETED BY KPB ACCT. NO. ACCT. NAME YEAR LAST PAID BALANCE DUE ❑ In Compliance ❑ Not in Compliance KPB Finance Department(signature required) Date SALES TAX ACCOUNTS TAX ACCOUNTS/STATUS TO BE COMPLETED BY KPB ACCT. NO. ACCT. NAME FILED THRU M/F's BALANCE DUE ❑ In Compliance ❑ Not in Compliance KPB Sales Tax Division(signature required) Date CERTIFICATION: I, the hereby certify that, to the (Name of Applicant) (Title) best of my knowledge, the above information is correct as of (Date) Signature of Applicant (Required) IF ANY BUSINESS IS CONDUCTED OR IS AWARDED A BID?ffTHIN THE KENAI PENINSULA BOROUGH YOU MUST BE REGISTERED TO COLLECT SALES TAX. THE SALES TAX DEPARTMENT CAN BE REACHED AT(907) 714-2175. SECTION 000640 -CITY BUSINESS LICENSE APPLICATION City of Seward Business License Apply Online: hftps://www.cityofseward.us/business/business-Iicenses Ballaine Boulevard Water&Sewer CITY BUSINESS LICENSE APPLICATION Section 000640 Page 1 113 000660— SUBCONTRACTOR LIST SUBCONTRACTOR LIST BALLAINE BOULEVARD WATER&SEWER IMPROVEMENTS 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 'h of 1% of the contract amount. or [ ] Subcontractor List is as follows: LIST FIRST TIER SUBCONTRACTORS ONLY FIRM NAME, AK BUSINESS LICENSE NO., SCOPE OF WORK TO ADDRESS, CONTRACTOR'S BE PERFORMED PHONE NO. REGISTRATION NO. 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 Company Address(Street or PO Box, City,State,Zip) Date Phone Number Form 25D-5 (10109) 114 Page 1 of 2 000660 - SUBCONTRACTOR LIST FIRM NAME, AK BUSINESS LICENSE NO., SCOPE OF WORK TO ADDRESS, CONTRACTOR'S BE PERFORMED PHONE NO. REGISTRATION NO. Form 25D-5 (10109) 115 Page 2 of 2 SECTION 000700 -GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF SEWARD,ALASKA ARTICLE I - DEFINITIONS ............................................................................................. 4 ARTICLE 2 -AUTHORITIES & LIMITATIONS ................................................................ 7 2.1 Authorities and Limitations................................................................................. 7 2.2 Evaluations by Contracting Officer..................................................................... 8 2.3 Means & Methods .............................................................................................. 8 2.4 Visits to the Site/Place of Business.................................................................... 8 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE..................... 8 3.1 Incomplete Contract Documents........................................................................ 8 3.2 Copies of Contract Documents .......................................................................... 8 3.3 Scope of Work.................................................................................................... 9 3.4 Intent of Contract Documents............................................................................. 9 3.5 Discrepancy in Contract Documents.................................................................. 9 3.6 Clarifications and Interpretations...................................................................... 10 3.7 Reuse of Documents........................................................................................ 10 ARTICLE 4 - LANDS AND PHYSICAL CONDITIONS .................................................. 10 4.1 Availability of Lands ......................................................................................... 10 4.2 Visit to Site....................................................................................................... 10 4.3 Explorations and Reports................................................................................. 10 4.4 Utilities ............................................................................................................. 10 4.5 Damaged Utilities............................................................................................. 11 4.6 Utilities Not Shown or Indicated ....................................................................... 11 ARTICLE 5 - BONDS_ INSURANCE, AND INDEMNIFICATION.................................. 12 5.1 Delivery of Bonds............................................................................................. 12 5.2 Bonds............................................................................................................... 12 5.3 Replacement of Bond and Surety .................................................................... 12 5.4 Insurance Requirements.................................................................................. 13 5.5 Indemnification................................................................................................. 14 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES................................................... 14 6.1 Supervision of Work......................................................................................... 14 6.2 Superintendence by CONTRACTOR............................................................... 15 6.3 Character of Workers....................................................................................... 15 6.4 CONTRACTOR to Furnish............................................................................... 15 6.5 Materials and Equipment ................................................................................. 15 6.6 Anticipated Schedules...................................................................................... 15 6.7 Finalizing Schedules ........................................................................................ 16 6.8 Adjusting Schedules......................................................................................... 16 6.9 Substitutes or "Or Equal" Items........................................................................ 16 6.10 Substitute Means and Methods .................................................................... 17 6.11 Evaluation of Substitution ............................................................................. 17 6.12 Dividing the Work.......................................................................................... 17 6.13 Subcontractors.............................................................................................. 17 6.14 Use of Premises............................................................................................ 18 6.15 Structural Loading......................................................................................... 18 6.16 Record Documents ....................................................................................... 18 6.17 Safety and Protection.................................................................................... 18 Ballaine Boulevard Water&Sewer GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 1 116 SECTION 000700 -GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 6.18 Safety Representative................................................................................... 19 6.19 Emergencies................................................................................................. 19 6.20 Shop Drawings and Samples......................................................................... 19 6.21 Shop Drawing and Sample Review............................................................... 20 6.22 Maintenance During Construction................................................................. 20 6.23 Continuing the Work ..................................................................................... 20 6.24 Consent to Assignment................................................................................. 21 6.25 Use of Explosives ......................................................................................... 21 6.26 CONTRACTOR'S Records ........................................................................... 21 ARTICLE 7 - LAWS AND REGULATIONS.................................................................... 21 7.1 Laws to be Observed ....................................................................................... 21 7.2 Permits, Licenses, and Taxes.......................................................................... 21 7.3 Patented Devices, Materials and Processes.................................................... 22 7.4 Compliance of Specifications and Drawings .................................................... 22 7.5 Accident Prevention ......................................................................................... 22 7.6 Sanitary Provisions .......................................................................................... 22 7.7 Business Registration ...................................................................................... 22 7.8 Professional Registration and Certification ...................................................... 22 7.9 Local Building Codes ....................................................................................... 23 7.10 Air Quality Control......................................................................................... 23 7.11 Archaeological or Paleontological Discoveries ............................................. 23 7.12 Alaska Agricultural Products......................................................................... 23 7.13 Preferential Employment............................................................................... 23 7.14 Wages and Hours of Labor........................................................................... 23 7.15 Overtime Work Hours and Compensation .................................................... 24 7.16 Covenant Against Contingent Fees .............................................................. 24 7.17 Officials Not To Benefit................................................................................. 24 7.18 Personal Liability of Public Officials .............................................................. 24 ARTICLE 8 - OTHER WORK........................................................................................ 24 8.1 Related Work At Site........................................................................................ 24 8.2 Access, Cutting, and Patching ......................................................................... 25 8.3 Defective Work By Others................................................................................ 25 8.4 Coordination..................................................................................................... 25 ARTICLE 9 - CHANGES ............................................................................................... 25 9.1 CITY'S Right To Change.................................................................................. 25 9.2 Authorization of Changes within the General Scope........................................ 26 9.3 Directive........................................................................................................... 26 9.4 Change Order .................................................................................................. 26 9.5 Shop Drawing Variations.................................................................................. 27 9.6 Changes Outside the General Scope; Supplemental Agreement .................... 27 9.7 Unauthorized Work .......................................................................................... 27 9.8 Notification of Surety........................................................................................ 27 9.9 Differing Site Conditions................................................................................... 27 ARTICLE 10 - CONTRACT PRICE; COMPUTATION AND CHANGE.......................... 28 10.1 Contract Price............................................................................................... 28 10.2 Claim For Price Change................................................................................ 28 Ballaine Boulevard Water&Sewer GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 2 117 SECTION 000700 -GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 10.3 Change Order Price Determination............................................................... 28 10.4 "Cost of the Work\......................................................................................... 28 10.5 Excluded Costs............................................................................................. 30 10.6 CONTRACTOR's Fee................................................................................... 30 10.7 Cost Breakdown............................................................................................ 31 10.8 Cash Allowances .......................................................................................... 31 10.9 Unit Price Work............................................................................................. 31 10.10 Determinations for Unit Prices ...................................................................... 32 ARTICLE 11 - CONTRACT TIME; COMPUTATION AND CHANGE ............................ 32 11.1 Commencement of Contract Time................................................................ 32 11.2 Starting the Work.......................................................................................... 32 11.3 Computation of Contract Time...................................................................... 32 11.4 Time Change ................................................................................................ 32 11.5 Extension Due to Delays............................................................................... 32 11.6 Essence of Contract...................................................................................... 33 11.7 Reasonable Completion Time........................................................................ 33 11.8 Delay Damages ............................................................................................ 33 ARTICLE 12 -QUALITY ASSURANCE ......................................................................... 33 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 Ballaine Boulevard Water&Sewer GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 3 118 SECTION 000700 -GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 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. Ballaine Boulevard Water&Sewer GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 4 119 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. Ballaine Boulevard Water&Sewer GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 4 120 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: 1. New Years Day- January 1 2. President's Day- Third Monday in February Ballaine Boulevard Water&Sewer GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 5 121 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. Ballaine Boulevard Water&Sewer GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 6 122 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. Su tier-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. Ballaine Boulevard Water&Sewer GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 7 123 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: Ballaine Boulevard Water&Sewer GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 8 124 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 she 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: Ballaine Boulevard Water&Sewer GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 9 125 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. ARTICLE 4 - LANDS AND PHYSICAL CONDITIONS 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. 4.4 Utilities: Ballaine Boulevard Water&Sewer GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 10 126 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 Ballaine Boulevard Water&Sewer GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 11 127 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 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 or liability. 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. Ballaine Boulevard Water&Sewer GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 12 128 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 Ballaine Boulevard Water&Sewer GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 13 129 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.) d. 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. e. 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's 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 Ballaine Boulevard Water&Sewer GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 14 130 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 Ballaine Boulevard Water&Sewer GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 15 131 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 Ballaine Boulevard Water&Sewer GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 16 132 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 Ballaine Boulevard Water&Sewer GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 17 133 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; Ballaine Boulevard Water&Sewer GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 18 134 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. Ballaine Boulevard Water&Sewer GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 19 135 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: Ballaine Boulevard Water&Sewer GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 20 136 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's 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. ARTICLE 7 - LAWS AND REGULATIONS 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 Ballaine Boulevard Water&Sewer GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 21 137 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's 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 venturers 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, Ballaine Boulevard Water&Sewer GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 22 138 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's 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; Ballaine Boulevard Water&Sewer GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 23 139 SECTION 000700 -GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT C. 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; d. 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: Ballaine Boulevard Water&Sewer GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 24 140 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: Ballaine Boulevard Water&Sewer GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 25 141 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: Ballaine Boulevard Water&Sewer GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 26 142 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. Ballaine Boulevard Water&Sewer GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 27 143 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. 10.4 "Cost of the Work": 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 Ballaine Boulevard Water&Sewer GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 28 144 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. Ballaine Boulevard Water&Sewer GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 29 145 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; C. No fee shall be payable on the basis of costs itemized under paragraphs 10.4.4, 10.4.5 and 10.5; d. 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 Ballaine Boulevard Water&Sewer GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 30 146 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 be valid. 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 Ballaine Boulevard Water&Sewer GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 31 147 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: Ballaine Boulevard Water&Sewer GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 32 148 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 reprocurement. 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 Ballaine Boulevard Water&Sewer GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 33 149 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: Ballaine Boulevard Water&Sewer GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 34 150 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 Ballaine Boulevard Water&Sewer GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 35 151 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 Ballaine Boulevard Water&Sewer GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 36 152 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 further obligations. 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. Ballaine Boulevard Water&Sewer GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 37 153 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 Ballaine Boulevard Water&Sewer GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 38 154 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 Ballaine Boulevard Water&Sewer GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 39 155 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 h. Makes an assignment for the benefit of creditors without the consent of the Contracting Officer, or i. Disregards Regulatory Requirements of any public body having jurisdiction, or j. Otherwise violates in any substantial way any provisions of the Contact Documents, or k. 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 Ballaine Boulevard Water&Sewer GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 40 156 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: Ballaine Boulevard Water&Sewer GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 41 157 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; Ballaine Boulevard Water&Sewer GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 42 158 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. ARTICLE 15- CLAIMS AND DISPUTES 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. Ballaine Boulevard Water&Sewer GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 43 159 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. Ballaine Boulevard Water&Sewer GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 44 160 SECTION 000800 - MODIFICATIONS TO THE GENERAL CONDITIONS GENERAL. These Supplementary General Conditions make additions, deletions, or revisions to Section 000700-General Conditions of the Construction Contract as indicated herein. All provisions which are not so added, deleted, or revised remain in full force and effect. Terms used in these Modifications to the General Conditions which are defined in the General Conditions have the meanings assigned to them in the General Conditions. ARTICLE 2 AUTHORITIES AND LIMITATIONS 2.1 Authorities and Limitations:Add the following: 2.1.5 Authority of the Engineer and the City's Representative Engineer—R&M Consultants, Inc. (R&M) is the firm responsible for providing the engineering design of the Construction Contract documents for the City. R&M shall be the Engineer of Record and perform technical engineering duties including, without limitation, reviewing and approving material and shop drawing submittals, technical clarifications, design modifications, and providing quality assurance testing and inspection at the direction of the City's Representative. City's Representative — The City's Representative shall be the person(s) responsible for supervising and administering the Construction Contract on behalf of the City. The City's Representative shall be the Contracting Officer and Project Manager, and shall observe the work in progress on behalf of the City and direct the Engineer to conduct construction inspection services. The City's Representative, with input as solicited from the design Engineer, shall make determinations on any and all questions which may arise concerning the quality, quantity, and acceptability of materials furnished, the Work performed, the rate of progress of the Work and interpretations of the Contract Documents. The Contractor shall at all times carry out and fulfill the written instructions and written directions of the City's Representative regarding the Contract Documents. The City's Representative and the Engineer are not responsible for construction means,methods,techniques, sequences, or procedures, or for safety precautions and programs in connection with the work. Visits and observations made by the City's Representative or the Engineer shall not relieve the Contractor of his obligation to conduct inspections of the materials and work for compliance with the requirements, and to provide adequate safety precautions, in conformance with the intent of the Contract. ARTICLE 3 CONTRACT DOCUMENTS: INTENT,AMENDING, REUSE 3.3 Scope of Work.Addthe following: CONTRACTOR shall perform all work identified in the design drawings and described in the Invitation for Bids, Bid Schedule and further described and in accordance with the entire Contract Documents, including but not limited to, all permits. 3.5.2 Discrepancy -Order of Precedence. Replace section with the following: When conflicts,errors,or discrepancies within the Contract Documents exist,the order precedence from most governing to least governing will be as follows: 1. Project Permit Requirements 2. Contents of Addenda 3. Drawings (recorded dimensions will govern over scaled dimensions, large scale details over small scale, schedules over plans, drawings over notes on drawings) 4. Most Currently Adopted State and Local Design Codes and Amendments 5. Special Provisions Ballaine Boulevard Water&Sewer MODIFICATIONS TO THE GENERAL CONDITIONS Section 000800 Page 1 161 SECTION 000800 - MODIFICATIONS TO THE GENERAL CONDITIONS 6. Technical Specifications 7. General Conditions (as modified by this section) ARTICLE 4— LANDS AND PHYSICAL CONDITIONS 4.4.4 Existing Utilities.Add the following: The Contractor shall repair damages to any existing utilities (including water, sewer, electric, telecommunications, etc.) above or below ground, whether or not such existing active utility is indicated on the drawings, and immediately report such damage to the City's Representative. All costs of repair for damages will be paid by the Contractor. Add the following: 4.8 Contractor Surveys. 4.8.1 Construction Surveys a) The Contractor shall be responsible for surveying and replacing all benchmarks or monuments disturbed by work to be executed under this Contract. 4.8.2 As-Built Drawings The Contractor shall provide a redline as-built drawing set of the completed project to the City within ten (10)days of final project completion. The as-builts will be provided in both 22"x34"hard copy and electronic in AutoCAD format. Add the following: 4.9 Site Preservation, Restoration, Cleanup and Environmental Reporting The Contractor shall be solely responsible for damage to public or private property caused by construction operations. The Contractor shall take all precautions necessary to control dust and suspended sediments. Contractor shall notify the City of any claims of damage and shall clean and restore any property so damaged at the sole expense of the Contractor. All spills or releases of any oil or hazardous substance shall be reported to the appropriate governmental agency as well as notice to the City. Contractors shall be responsible for all associated clean-up costs and fines. At all times during the work, keep the premises clean and orderly. Upon completion of the work, repair all damage caused by equipment and leave the Project free of rubbish or excess materials of any kind. ARTICLE 5 BONDS, INSURANCE, AND INDEMNIFICATION 5.4.2.d Builder's Risk Insurance. Delete the last sentence: 5.4.2.e Other Coverages. Add the following: R&M Consultants and the City of Seward shall be named as an "Additional Insured" and shall contain a waiver of subrogation under all liability coverages listed in Section 5.4 Insurance Requirements of the GENERAL CONDITIONS, and Contractor shall show proof of insurance. ARTICLE 6 CONTRACTOR'S RESPONSIBILITIES 6.2 Superintendence by Contractor.Addthe following: The proposed Superintendent shall have documented experience on at least three similar projects involving water distribution and sewer collection piping. Similar projects shall consist of water mains, water services, sewer mains and manholes, etc. of a similar size and scope to this project. The Contractor shall submit a resume, statement of qualifications and reference names and telephone Ballaine Boulevard Water&Sewer MODIFICATIONS TO THE GENERAL CONDITIONS Section 000800 Page 2 162 SECTION 000800 - MODIFICATIONS TO THE GENERAL CONDITIONS numbers forthe proposed Superintendent forapproval by the City's Representative. Lackof suitable qualifying experience will be cause for rejection of the proposed Superintendent. 6.6 Anticipated Schedules.Add the following: 6.6.3 The Contractor shall develop a Construction Progress Plan to coordinate and schedule construction activities and submit this plan for review. 6.6.4 A pre-construction conference may be scheduled following the Notice to Proceed. At that time the Contractors anticipated work plan and schedule, material submittals,coordination with the Engineer and City's Representative safety requirements and procedures,dispute resolution, changes and/or modifications and other administrative and construction related items will be discussed. 6.14 Use of Premises.Add the following: The City has made available,forthe convenience of the Contractor,an area nearthejob site to be used as a contractor staging area. The Contractor shall make his/her own arrangements for any additional areas and facilities needed for storage of materials, supplies and equipment, parking and other activities. Snow removal, security, and fencing for the provided staging area shall be the sole responsibility of the Contractor.The Contractor shall hold the City harmless from all claims or complaints arising from the use of such areas. Public streets in or outside this project will not be used for any storage activities (equipment and materials) and/or exclusive vehicle parking without prior written approval from the City's Representative. 6.17 Safety and Protection.Add the following: 6.17.4 General: The Contractor is responsible for safety and protection requirements, including but not limited to: a. Temporary construction. b. Temporary controls for environmental protection. C. Safety and protection of the construction area. Submittals: Prior to performance of any work, the Contractor is required to submit the following: a. Temporary Construction: 1. Material and equipment staging area plan to show impact to site operations during construction. b. Temporary Control for Environmental Protection: 1. Plan for disposal of waste materials, including permits from or agreements with local solid waste disposal authority, and intended haul routes. Creosote treated material is not accepted at the city landfill. The Contractor shall make other arrangements for disposal at an ADEC approved disposal site. c. Safety and Protection: 1. Copies of permits or approvals for construction activities from governing safety authorities. Ballaine Boulevard Water&Sewer MODIFICATIONS TO THE GENERAL CONDITIONS Section 000800 Page 3 163 SECTION 000800 - MODIFICATIONS TO THE GENERAL CONDITIONS Execution: a. Temporary Construction: 1. Access Roads and Parking: Construct temporary construction access roads and detours as necessary to execute the work and as approved by the City's Representative. Maintain in good condition until no longer needed,then remove the temporary roads and leave the area in a condition satisfactory to the City's Representative. 2. Storage Yards and Buildings: Construct temporary storage yards for the storage of products that are not subject to damage by weather conditions. Materials shall be stored in a manner to allow ready access for inspection and inventory. Erect or provide temporary storage shelters needed to protect mechanical and electrical equipment and other materials,as recommended by manufacturers of such equipment and materials. Store combustible materials (paints, solvents, fuels, etc.) in a well-ventilated building remote from other buildings and in accordance with current laws and regulations. 3. Fencing and Barricades: Security Fence: At the Contractor 's option, erect a temporary security fence with gates around the staging and material storage area(s). Barricades: Provide barricades as necessary to prevent unauthorized entry to construction areas, both inside and outside fenced area. Also provide barricades to protect existing facilities and adjacent properties from potential damage. Locate barriers to enable access by facility operators and property owners. b. Safety and Protection: Contractor shall do whatever work is necessary for overall project safety and be solely and completely responsible for conditions of the job site, including safety of all persons(including employees) and property during the contract period. This requirement shall apply continuously and not be limited to normal working hours. Safety provisions shall conform to Federal and State Departments of Labor Occupational Safety and Health Act (OSHA), and other applicable federal, state, county, and local laws, ordinances, codes, requirements set forth herein, and regulations that may be specified in other parts of these Contract Documents. Where these are in conflict, the more stringent requirement shall be followed. Contractor shall become thoroughly familiar with governing safety provisions and shall comply with the obligations set forth therein. Contractor shall strictly adhere to marine safety provisions. Contractor shall develop and maintain forthe duration of the Contract,a safety program that will effectively incorporate and implement required safety provisions. Contractor shall appoint a qualified employee who is authorized to supervise and enforce compliance with the safety program. The Engineer's duty to conduct construction review ofthe Contractor's performance does not include a review or approval of the adequacy of Contractor's safety supervisor, safety program, or safety measures taken in, on, or near the construction site. Ballaine Boulevard Water&Sewer MODIFICATIONS TO THE GENERAL CONDITIONS Section 000800 Page 4 164 SECTION 000800 - MODIFICATIONS TO THE GENERAL CONDITIONS As part of safety program,Contractorshall maintain at its office or otherwell-known place at the job site, safety equipment applicable to the work as prescribed by the governing safety authorities,and articles necessary for giving first aid to the injured. Establish procedures for the immediate removal to a hospital or a doctor's care of persons who may be injured on the job site. Contractor shall do all work necessary to protect the general public from hazards, including, but not limited to, surface irregularities, trenches or excavations in roadway. Barricades, lanterns and proper signs shall be furnished in sufficient amount to safeguard the public and the work. Construct and maintain satisfactory and substantial temporary chain link fencing, solid fencing, railing, barricades or steel plates, as applicable, at all openings, obstructions, or other hazards. Such barriers shall have adequate warning lights as necessary or required for safety. Comply with City's safety rules while on City's property. If death or serious injuries or damages are caused, the accident shall be reported immediately by telephone or messenger to the City's Representative or Engineer. In addition, Contractor shall promptly report in writing all accidents whatsoever arising out of,or in connection with,the performance of the workwhether on or adjacent to the site,giving full details and statements of witnesses. If claim is made by anyone against Contractor or any subcontractor on account of accident, Contractor shall promptly report the facts in writing, giving full details of the claim. Protection of Work and Property: a. General 1. Contractor shall employ such means and methods necessary to adequately protect public property and property of the City, and its existing tenants against damage. In the event of damage to such property, immediately restore the property to a condition equal to its original condition and to the satisfaction of the City's Representative and the owner of said property, and bear all costs therefore. 2. Protect stored materials and other items located adjacent to the proposed work. Notify property owners affected by the construction at least 48 hours in advance of beginning of construction. During construction operations, construct and maintain facilities to enable pedestrian access by all property owners to their property at all times. No person shall be cut off from vehicular access to residence or place of business for a period exceeding eight hours, unless the Contractor has made special arrangements with the affected persons. b. Finished Construction 1. The Contractor shall assume the responsibility for protection of finished construction and shall repair and restore any and all damage to finished work to its original condition. 2. At such time temporary facilities and utilities are no longer required for the work, notify City's Representative of intent and schedule for their removal. Remove temporary facilities and utilities from the site as Contractor's property Ballaine Boulevard Water&Sewer MODIFICATIONS TO THE GENERAL CONDITIONS Section 000800 Page 5 165 SECTION 000800 - MODIFICATIONS TO THE GENERAL CONDITIONS and leave the site in such condition as specified, as shown on the Drawings or as directed by the City's Representative. 3. In unfinished areas, leave the site evenly graded as necessary, in a condition that will restore original drainage, and with an appearance equal to or better than original. ARTICLE 7 LAWS AND REGULATIONS 7.10 Air Quality Control. Add the following: Minimize air pollution likely to occur from construction and/or quarrying and hauling operations by wetting down bare soils during windy periods, requiring proper combustion emission control devices on construction vehicles and equipment,and by shut down of motorized equipment not in use. Trash burning will not be permitted on the construction site. Add the following: 7.19 Environmental Controls. 7.19.1 General: The Contractor in executing the work shall maintain affected areas within and outside project boundaries free from environmental pollution that would be in violation of federal, state or local regulations. Do not impair operation of existing utility systems. Prevent construction material, pavement, concrete, earth,volatile and corrosive wastes,and other debris from entering sewers orwater mains. 7.19.2 Hazardous Waste Generation Every effort to minimize or eliminate the generation of hazardous waste shall be used by the Contractor in the performance of the work of this Contract. Unless there is no substitute, no hazardous materials shall be used in the performance of the work of this Contract.The Contractorwill take all necessary precaution to avoid to release of petroleum based or other hazardous materials into the water and surrounding environment. The Contractor will be held responsible for any and all such spills. 7.19.3 Water Pollution Control Comply with laws, rules, and regulations of the State of Alaska and agencies of the United States Government prohibiting the pollution of marine waters, lakes,wetlands,streams,or riverwaters from the dumping of refuse, rubbish, or debris. Prior to commencing excavation and construction, obtain the Engineer's agreement with detailed plans showing procedures intended to handle and dispose of sewage, groundwater, and storm water flow, including dewatering pump discharges. 7.19.4 Waste Material Disposal Maintain areas covered by the Contract and affected public properties free from accumulations of waste, debris, and rubbish caused by construction operations. Cleaning and disposal shall comply with local ordinances and anti-pollution laws. Do not burn or bury rubbish or waste materials on the project site. Do not dispose of volatile wastes such as mineral spirits, oil, chemicals, or paint thinner in storm or sanitary drains. Disposal of wastes into streams or Ballaine Boulevard Water&Sewer MODIFICATIONS TO THE GENERAL CONDITIONS Section 000800 Page 6 166 SECTION 000800 - MODIFICATIONS TO THE GENERAL CONDITIONS waterways is prohibited. Provide acceptable containers for collection and disposal of waste materials, debris, and rubbish. ARTICLE 8 OTHER WORK 8.4 Coordination.Add the following: 8.4.1 Construction activities must be coordinated with the normal operation of the City of Seward, Campground, and landowners adjacent to the project. The Contractor's work schedule, staging areas, construction, etc. shall accommodate the needs and schedule of these entities. The Contractor shall coordinate staging, storage, and construction activities with the City of Seward. 8.4.3 The Contractor shall provide a minimum 48-hour notice of any other construction operations which may affect Ballaine Boulevard and Campground operations. Coordination,scheduling and conflicts shall be directed to the Project Manager or his designee. ARTICLE 11 CONTRACT TIME; COMPUTATION AND CHANGE 11.8 Delay Damages.Add the following: The City may withhold, out of any progress payment, the sum and assess Liquidated Damages of One Thousand Five Hundred dollars ($ 1,500.00) for each and every calendar day that the Final Completion Date is delayed beyond the specified Contract Completion Date to cover the City's ongoing administrative costs. ARTICLE 12 QUALITY ASSURANCE 12.3 Tests and Inspections. Add the following: 12.3.5 A City representative will be assigned to observe the work. It is understood that such City representative(s)shall have the authority to issue Notice of Non-conformance, and make decisions within the limitations of the authority of the City. The Contractor shall furnish all reasonable assistance required by the Engineer or City representative(s)for proper observation of the work. The above-mentioned project representatives shall not relieve the Contractor of his obligations to conduct comprehensive inspections of the work and to furnish materials and perform acceptable work,and to provide adequate safety precautions, in conformance with the intent of the Contract. ARTICLE 13 PAYMENTS TO CONTRACTOR AND COMPLETION 13.1 Schedule of Values. Addthe following: Schedule of Values forthis project must include project name,project number,and contract numberand must reflect the header information listed in the table below. Item Item Unit Unit Plan Previously This Invoice Total To Date # Price Invoiced Quantity $Amt Quantity $Amt Quantity $Amt Quantity $Amt END OF SECTION Ballaine Boulevard Water&Sewer MODIFICATIONS TO THE GENERAL CONDITIONS Section 000800 Page 7 167 SECTION 000900 -SPECIAL PROVISIONS 900.01 General Statement The Special Provisions set forth conditions and requirements unique to this Project and are supplemental to, and supersede, the City of Seward General Conditions of the Construction Contract as amended by the Modifications to General Conditions. It shall be the responsibility of the Bidder to prepare his/her bid so all materials and construction shall harmoniously conform to the intent of the Contract Documents. 900.02 Scope of Work The scope of work generally includes construction of water distribution mains,watervalves,fire hydrants,water services,sanitary sewer main,sanitary sewer manholes, and sewer services, roadway restoration and paving. This work is bounded by 6th Avenue, Ballaine Boulevard,Adams Street and Jefferson Street. 900.03 Laborer's and Mechanics' Minimum Rates of Pay Use the applicable State wage rates that are in effect 10 days before Bid Opening. State wage rates can be obtained at the following website: httr)://www.labor.state.ak.us/Iss/r)amr)600.htm 900.04 Time of Completion The following work shall be completed in accordance with the Contract Documents: • Substantial Completion: Substantial completion is defined as all Work completed except inspection and associated repairs/corrections.All work on the project shall be substantially completed,tested, and fully functional by September 15, 2023. • Final Completion: Final project completion is defined as all Work completed. All work under this contract including all closeout documentation must be completed no later than October 15,2023. If any additional repairs are required, the Contractor shall make these repairs immediately upon notification. 900.05 Coordination and Scheduling The Contractor will closely coordinate all work with the City's Representative.The work will be scheduled and performed in a manner that minimizes disruption to Ballaine Boulevard and Campground operations. The Contractor shall sequence earthwork and water/sewer main installation in a manner that minimizes disturbance to traffic, nearby properties, and the campground facilities. The City's Representative shall be notified at least 48 hours in advance of any anticipated disruptions of access to any public roadways. Any delays to the Contractor's work as a result of a lack of adequate coordination will be at the Contractor's expense. 900.06 Permits The Contractor will adhere to the provisions and stipulations set forth in all applicable permits. The following permits shall be applied for by the Contractor as necessary prior to initiating construction activities: 1. City of Seward Dig Permit 2. City of Seward Right-of-Way Permit 3. City of Seward Fire Hydrant Use Permit 900.07 Order of Award of Bids The intent of award is to the lowest responsible and responsive bidder unless it rejects all bids. The low bidder will be based on the following bid totals, subject to available funding, listed in the order of priority: 1. Base Bid The City will notify the successful bidder in writing of its intent to award the Contract and request that certain required documents, as listed in Section 000200—Required Documents, be submitted within the time specified. The successful bidder's refusal to sign the Contract and provide the requested documents Ballaine Boulevard Water&Sewer 168 SPECIAL PROVISIONS Section 000900 Page 1 SECTION 000900 -SPECIAL PROVISIONS within the time specified may result in cancellation of the notice of intent to award and forfeiture of the bid security. 900.08 Public Convenience and Access The Contractor shall comply at all times with the provisions of this article while constructing this project. Adjacent docks are to remain in public service.The Contractor shall take all precautions necessary and install protective barriers and/or warning signs to ensure public safety and continued access to nearby docks and beach areas. END OF SECTION Ballaine Boulevard Water&Sewer 169 SPECIAL PROVISIONS Section 000900 Page 2 City of Seward Ballaine Boulevard Water & Sewer r K. a TECHNICAL SPECIFICATIONS June 2023 Prepared by: R&M Consultants, Inc. 9101 Vanguard Drive Anchorage, AK 99507 (907) 522-1707 170 SECTION 32 00 00— EXTERIOR IMPROVEMENTS SECTION 32 00 00 EXTERIOR IMPROVEMENTS PART 1 -GENERAL 1.01 WORK SUMMARY A. Water and Sewer Improvements shown on the drawings. B. Roadway Restoration and paving limits shown on the drawings. 1.02 RELATED SECTIONS A. General Conditions of the Contract Documents. B. Modifications to the General Conditions of the Contract Documents. 1.03 REFERENCE SPECIFICATION A. This contract is subject to and hereby incorporates by reference the following documents as though physically contained herein: 1. The Municipality of Anchorage Standard Specifications, 2015 Edition, with modifications as contained herein. This document is herein referred to as M.A.S.S. B. When conflicts exist between M.A.S.S. and the Project Drawings, the requirements of the Project Drawings shall govern. C. When conflicts exist between M.A.S.S. and the Project Technical Specifications, the Project Technical Specifications shall govern. D. Where an item of Work is not addressed by the Project Drawings or Technical Specifications, but is addressed by M.A.S.S., then the item of Work shall be in accordance with M.A.S.S., regardless of whether or not the M.A.S.S. Section of relevance is specifically enumerated herein. E. The incorporated reference documents are available from the following sources. 1. M.A.S.S., 2015 http://www.muni.org/Departments/project management/Pages/MASS.aspx F. All references to "Municipality of Anchorage" shall mean "City of Seward." 1.04 MUNICIPALITY OF ANCHORAGE STANDARD SPECIFICATIONS, 2015, herein after referred to as "M.A.S.S." A. Division 20.00 - Earthwork Section 20.01: General Section 20.07: Removal of Sidewalk and Concrete Aprons Section 20.10: Excavation for Traffic Ways Section 20.11: Grading Existing Surfaces Section 20.12: Dewatering Section 20.21: Classified Fill and Backfill B. Division 30.00 - Portland Cement Concrete C. Division 40.00 Asphalt Surfacing D. Division 50.00 Sanitary Sewers E. Division 60.00 Water Systems City of Seward Section 32 00 00—EXTERIOR IMPROVEMENTS Ballaine Boulevard Water&Sewer 171 Page 1 of 6 SECTION 32 00 00— EXTERIOR IMPROVEMENTS F. Division 65.00—Construction Survey Section 65.02; Article 2.14: As-built Surveys and Record Drawings G Division 70.00 - Miscellaneous Section 70.01: General Section 70.11: Standard Signs Section 70.12: Traffic Maintenance Section 70.20: Soil Stabilization H. Standard Details as Listed Below: 20-14 TYPE II CLASSIFIED FILL AND BACKFILL 20-15 TYPE II-A CLASSIFIED FILL AND BACKFILL 40-00 ASPHALT SURFACING DETAILS 50-00 SANITARY SEWERS DETAILS 60-00 WATER SYSTEMS DETAILS 1.05 SUBMITTALS A. Contractor Work Plan B. Type II-A Classified Fill, Type II Classified Fill 1. Particle-size Analysis 2. Moisture/Density Relationship 3. In-Place Density Test Results C. Contractor As-Built Drawings D. Section 33 11 00 Submittals—Water Distribution 1.06 MODIFICATIONS AND/OR ADDITIONS TO M.A.S.S. A. All Divisions, All Sections: Delete articles entitled "Measurement" and "Basis of Payment." B. Replace all references to materials testing by the Engineer with an equivalent reference to materials testing by the Contractor. The Contractor shall be responsible for all materials testing and quality control. Frequency of in-place density testing for all constructed earthwork under M.A.S.S. shall be as follows: M.A.S.S. Section Material Testing Frequency Section 20.21 Classified Fill and Backfill 1 test per lift or 1 test per 500 SF Section 30.03 PCC Sidewalks 1 test per 500 SF C. All Divisions, All Sections: All references to "Municipality of Anchorage" shall mean "City of Seward." D. All Divisions, All Sections: All references to construction within a public right-of-way shall also include the construction areas as indicated on the Drawings. E. The Contractor shall submit for review copies of the complete Product Data for all Contractor Furnished Items to be provided under the Division including specific performance data, material City of Seward Section 32 00 00—EXTERIOR IMPROVEMENTS Ballaine Boulevard Water&Sewer 172 Page 2 of 6 SECTION 32 00 00— EXTERIOR IMPROVEMENTS description, grade, gradation, source, rating, capacity, working pressure, material gage or thickness, brand name, catalog number, and operating and maintenance data. F. Modify the MASS Sections and Articles as follows: Division 10.00—Standard General Provisions SECTION 10.04 SCOPE OF WORK Add the following Articles: Article 4.7 Disposal Sites Add the following: Asbestos-Cement piping will be encountered during this project. It is the Contractor's responsibility to take the available baseline data to coordinate and fully develop a hazardous materials removal design that will identify the presence, locations and quantities of asbestos and/or other hazardous materials that will be affected by this project. That responsibility includes sampling of suspect bulk materials, review of previous sampling data, and review of As-Built information available from the Owner, but not included here. No specific hazardous materials survey has been done for the proposed work for this project, and the presence, quantities, locations and extents of hazardous materials that will need to be disturbed or removed by the work is required to be determined by the Contractor. Portions of the existing water and sewer system are known to be constructed of asbestos-cement materials. The Contractor shall conduct a NESHAP compliant survey of all materials affected by this project to determine if there are suspect materials that have not been previously sampled, or where insufficient sampling has been conducted to "prove" that the materials do not contain asbestos. Such bulk sampling to disprove any assumed asbestos containing material (ACM) or incorrectly identified ACM shall be conducted by EPA certified Building Inspectors in full compliance with 40 CFR 763, and the results submitted to the Owner. At least 24 hour notice to the Owner shall be submitted prior to any bulk sampling. Submit all results of any sampling of bulk materials to Owner within 24 hours of receipt of results. Bulk sample submittal shall consist of field data sheets, the analytical laboratory's results, and sketch of sample locations. If the Contractor's sampling effort confirms the presence of ACM that are to be disturbed, the Contractor shall submit a hazardous materials removal plan describing how all hazardous materials affected by the project will be removed, packaged, transported and disposed of in compliance with all applicable regulations. The Contractor is hereby notified that Federal regulations governing the removal and disposal of asbestos are National Emission Standards for Hazardous Air Pollutants (NESHAP) 40 CFR, Part 61, Subpart M, and OSHA 29 CFR 1910. The Alaska Department of Environmental Conservation requirements include, but are not limited to 18 AAC 50, Air Quality Control Regulations, and 18 AAC 60, Solid Waste Management Regulations. The Alaska Department of Labor governing regulations include, but are not limited to Occupational Safety and Health Standard, Subchapter 04.0103: Asbestos; 8 AAC 61.600.790 Article 8; and Alaska Workers Right to Know, AS 18.60. Materials removed containing asbestos must be handled and disposed of in accordance with the applicable Federal and State regulations. Materials containing asbestos must be disposed of and declared at the Municipality of Anchorage Hiland Road Municipal Landfill or other landfill facility approved for disposal of asbestos materials. Article 4.22 Project Information Signs Prior to beginning of any work on the project, Contractor shall install two owner-furnished project information signs and posts, in accordance with Section 70.12, Article 12.7 - Traffic Control Devices, in a location directed by the Engineer. Owner-supplied materials are as follows: • Project Information Sign- one (1) 4'x8'x3/" MDO wood sign City of Seward Section 32 00 00—EXTERIOR IMPROVEMENTS Ballaine Boulevard Water&Sewer 173 Page 3 of 6 SECTION 32 00 00— EXTERIOR IMPROVEMENTS • Sign Frame - one (1) 2"x4" Pressure Treated (PT) lumber pre-assembled in a rectangular shape measuring 4-foot by 8-foot • Post Skids - two (2) 4"x4" PT Lumber pre-assembled measuring 6-foot at the base and standing 8-foot in height Signs shall be affixed to frame; frame and sign shall be affixed to the post skids accordingly. Once assembled and positioned as directed by the Engineer, the Contractor shall supply and secure each post skid with two (2) each 50-pound sand bags, or provide equivalent anchoring system as approved by the Engineer. Following final completion of the project, Contractor shall disassemble the signs and return the owner-provided materials to the City of Seward Public Works Division. This Work shall be considered incidental to the project. SECTION 10.05 CONTROL OF WORK Add the following Article: Article 5.34 Work Plan Contractor shall attend a coordination meeting with all affected entities prior to drafting the Work Plan. This meeting shall cover all aspects of work and coordination at the project site. This coordination shall be outlined in detail in the Work Plan. Contractor shall submit a Work Plan to the Engineer within fourteen (14) calendar days of Contract Execution. The Work Plan shall cover the timing, logistical sequencing, utility coordination, equipment and material needs, traffic routing, drainage control, and staging of the Work. Contractor shall coordinate the Work Plan with the Traffic Control Plan and Dewatering Plan. Contractor shall not begin construction on the project until the Engineer has approved the Work Plan in writing. All Work required for the Contractor to obtain an approved Work Plan is incidental to the Contract and no separate payment shall be made. The Work Plan shall minimize the overall area of construction activities at any given time for the following reasons: A. To minimize disruption of traffic for local residents, businesses, and other Contractors working in the area; B. To minimize dust, sediment, and erosion generated; and C. To minimize overall construction noise. The Work Plan shall include estimated dates of completion for each Work phase. At a minimum,the Work Plan shall conform to the following requirements: A. Contractor must obtain a road closure permit for lane closures or full road closures. Contractor shall not allow traffic delays in excess of 10 minutes per incident in the active phase area, unless a full road closure is approved. B. The Contractor shall be allowed full closures at the Adams Street and Jefferson Street Drive intersections with Ballaine Boulevard at the approval of the engineer. The full closures shall be limited to one (1) road closure not to exceed two (2) consecutive calendar days. F. If the Contractor does not complete roadway work within the allowed closure periods, the Owner may withhold from any progress payment the sum of$5,000 per day as Liquidated Damages for each day past the allowable closure period. H. Contractor shall obtain a noise permit - no night-time operations in will be allowed in accordance with the permit. City of Seward Section 32 00 00—EXTERIOR IMPROVEMENTS Ballaine Boulevard Water&Sewer 174 Page 4 of 6 SECTION 32 00 00— EXTERIOR IMPROVEMENTS I. Contractor shall provide for emergency vehicle access at all times in accordance with MASS Section 10.04.,Article 4.10. J. Contractor shall provide proper notification to residents/businesses of impending construction activities. Contractor shall provide residents/businesses with contact name(s) and phone number(s) for Contractor personnel with responsibility to inform and coordinate with residents. The Contractor shall give written notice to adjacent residents/businesses 48 hours in advance of installing improvements across a driveway. K. Contractor shall coordinate with utility companies which may be performing other work in the project area and as required in Section 10.04. A list of utility companies with contact information is provided in Section 10.04 of these special provisions. L. Contractor, including project manager, superintendent, foreman and traffic control supervisor, shall attend one meeting with the local residents prior to the start of Work. The Engineer shall schedule the meeting and provide a venue. The Engineer shall facilitate the meeting. The Contractor shall provide a schedule a minimum of fourteen (14) calendar days prior to the meeting and assist the Engineer with preparing meeting materials. At the meeting the Contractor shall make a presentation of the Work Plan including the Traffic Control Plan and schedule, and answer questions raised by the attendees. Should special needs or considerations be identified for specific residents, the Engineer may direct the Contractor to modify the Work Plan to accommodate those needs. Preparation, attendance and participation in the meeting are incidental to the Contract and no separate payment shall be made. M. Contractor shall attend weekly progress/coordination meetings with the Owner. Preparation, attendance and participation in the meeting are incidental to the Contract and no separate payment shall be made. O. Contractor shall provide the Engineer with a minimum of ten (10) calendar day notice prior to any roadway or intersection closures. SECTION 10.06 LEGAL RELATIONS AND RESPONSIBILITIES Article 6.1 Laws to be Observed Add the following paragraph: One contaminated materials site exists near the project limits. This site has been marked Cleanup Complete by ADEC. If any additional contaminated material is encountered, Contractor shall notify the Engineer immediately for direction. This will be treated as a changed condition unless the contamination was caused by Contractor's operation. Division 20.00—Standard Construction Specifications for Earthwork Section 20.01: General Article 1.3 Applicable Standards Add the following reference: ASTM D 1557 — Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Modified Effort Article 1.5 Compaction Standards Substitute the following in the second paragraph: City of Seward Section 32 00 00—EXTERIOR IMPROVEMENTS Ballaine Boulevard Water&Sewer 175 Page 5 of 6 SECTION 32 00 00— EXTERIOR IMPROVEMENTS Substitute the words "ASTM D 1557, Method D" for the words "AASHTO Standard Method T-180-D". SECTION 20.12 DEWATERING Article 12.5 Basis of Payment Replace this article in its entirety with the following: Groundwater is expected to be encountered within the project limits. No separate payment shall be made for dewatering. Any single technique or combination of techniques used for dewatering shall be considered incidental to the Contract and is the responsibility of the contractor to provide. SECTION 70.12 TRAFFIC MAINTENANCE Amend the following Article: Article 12.6 Public Notice The Work Site Traffic Supervisor shall give notices of changes, delays, or lane/road closures to the following local officials and transportation organizations including, but not limited to: 1. City of Seward Public Works Department 224-4005 2. City of Seward Parks and Recreation 224-4055 PART 2 - PRODUCTS A. See referenced M.A.S.S. Sections for Materials. PART 3 - EXECUTION A. See referenced M.A.S.S. Sections for Construction. END OF SECTION City of Seward Section 32 00 00—EXTERIOR IMPROVEMENTS Ballaine Boulevard Water&Sewer 176 Page 6 of 6 33 11 00—WATER SYSTEM Technical Specifications SECTION 33 11 00 WATER SYSTEM PART1 - GENERAL 1.1 WORK INCLUDED A.Water system construction shown on the Drawings. 1.2 REFERENCES A.Related Work Specified Elsewhere: 1. Section 32 00 00 EXTERIOR IMPROVEMENTS B.Referenced Standards: 1. MUNICIPALITY OF ANCHORAGE STANDARD SPECIFICATIONS, 2015, herein after referred to as "MASS' a. When conflicts exist between MASS and the Project Specifications, the Project Specifications shall govern. b. Water system work (Materials and Construction requirements) shall be constructed in accordance with the following MASS specifications as modified by this specification and the Plans: Section 20.01: General Section 20.13: Trench Excavation and Backfill Section 20.16: Furnish Bedding Material Section 20.21: Classified Fill and Backfill Section 20.22: Leveling Course Section 60.01: General Section 60.02: Furnish and Install Pipe Section 60.03: Furnish and Install Valves Section 60.04: Furnish and Install Fire Hydrants Section 60.05: Water Service Lines Section 60.06: Furnish and Install Galvanic Anodes Section 65.01: General Section 65.02: Construction Surveying C.Standards for Insulated pipe and fittings: 1. ASTM C17 Thermal transmission (guarded hot-plate apparatus) 2. ASTMC273 Shear properties of sandwich-core materials 3. ASTMC518 Thermal transmission (heat flow meter apparatus) 4. ASTM01248 Polyethylene (PE) extrusion materials—wire and cable 5. ASTM01621 Compressive properties of rigid cellular plastics 6. ASTM02126 Response of rigid cellular plastic to thermal humid aging (thermal dimensional stability) 7. ASTM02657 Heat Joining Polyolefin Pipe and Fittings 8. ASTM02837 Obtaining pressure design basis for thermoplastic pipe products ASTM02842 Water absorption of rigid cellular plastics 9. ASTME96 Water vapor transmission of rigid cellular plastics 10. ASTME398 Water vapor transmission rate of sheet materials (dynamic relative humidity measurement) Ballaine Boulevard Water&Sewer WATER DISTRIBUTION Section 33 11 00 Page 1 177 33 11 00—WATER SYSTEM 1.3 QUALITY ASSURANCE A.Geotechnical Testing Agency Qualifications: Qualified according to ASTM E 329 and ASTM D 3740 for testing indicated. 1.4 SUBMITTALS Submit the following in accordance with Section 01 33 00 SUBMITTAL PROCEDURES: A.Bedding Material 1. Particle-size Analysis 2. Moisture/Density Relationship 3. In-Place Density Test Results B.All Submittals required by MASS Division 60 and the following: 1. Flushing and Testing Work Plan and Schedule 2. Disinfection procedures, proposed chemicals, and treatment 3. Disinfection Test Reports: comparative results to specified requirements. 4. Water Valve Submittals 5. Fire Hydrant Submittals 6. Water Service Line Submittals 7. Galvanic Anode Submittals 8. Temporary Water Plan C.Shop Drawings: 1. Water Main Layout, connection to existing main, hydrant, and pipe fittings installation layout 1.5 MODIFICATIONS AND/OR ADDITIONS TO M.A.S.S A.AII Divisions, All Sections: Delete articles entitled "Measurement" and "Basis of Payment." B.All Divisions, All Sections: All references to construction with a public right-of-way shall also include the construction areas as indicated on the Drawings. Division 20.00—Standard Construction Specifications for Earthwork Section 20.01: General Article 1.3 Applicable Standards Add the following reference: ASTM D 1557 — Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Modified Effort Article 1.5 Compaction Standards Substitute the following in the second paragraph: Substitute the words"ASTM D 1557, Method D"for the words"AASHTO Standard Method T-180-D". Delete the third paragraph. PART 2 - PRODUCTS A.See Drawings and referenced M.A.S.S. Sections for Materials. PART 3 - EXECUTION A.See referenced M.A.S.S. Sections for Construction. B.Disposal of Chlorinated Waters from Disinfection Process — dechlorinate water to acceptable concentration levels prior to disposal. END OF SECTION Ballaine Boulevard Water&Sewer WATER DISTRIBUTION Section 33 11 00 Page 2 178 Alaska Department of Environmental Conservation Division of Environmental Health Drinking Water Program - Engineering Plan Review Facility Information Form 1. Public Water System Owner First Name: Doug Last Name: Schoessler Phone: 907-224-4093 Company Name: City of Seward Fax: Mailing Address: PO Box 167 City: Seward State: AK Zip Code: 99664 Email Address: II. Public Water System Primary Operator First Name: Nort Last Name: Adelmatin Phone: 907-224-4058 Certification: Fax: Mailing Address: P.O. Box 167 City: Seward State: Alaska Zip Code: 99664 Email Address: nadelmann cgcityofseward.net Ill. Public Water System Facility Facility Name: Seward Water System Phone: 907-224-4058 AKA: 2240757 Fax: Physical Address: 2301 Crabapple Street Legal Description: Lot: Block: Subdivision: Addition: or Locution: Meridian: Section: Township: Range: Tax Lot: IV. Owner's Statement Project Name: City of Seward - Ballaine Boulevard Water and Sewer Improvements ❑ DEC Skate Revolving Fund (SRF)Loan Funded Project I have authorized submittal of the enclosed items for the above referenced project. I acknowledge the public water system's responsibility at all times for the quality of the water served by it. By my signature, I certify the information above is correct and my authority to sign this statement (18 AAC 15.030) as the owner of the public water system and applicant for approval of the above listed project is based on one of the following: ❑ Corporation: I am a principal executive officer of at least the level of vice president or his/her duly authorized representative, if the representative is responsible for the overall management of the project or operation. ❑ Partnership: I am a general partner. ❑ Sole proprietorship: I am the proprietor. ® Municipal, State, Federal, or other public facility: I am either a principal executive officer, ranking elected official, or other duly authorized employee. a CIA o�s5b ;� rk5 Owner's Signature Date Printed N me Title Facility Information Fonn 1 of I Version: 2020 179 Alaska Department of Environmental Conservation Division of Environmental Health Drinking Water Program - Engineering Plan Review Project Information Form This form must be attached to a completed and signed Facility Infunnation Form. See the Checklist Instructions. I. Project Engineer First Name: Morgan Last Name: Welch Phone: 907-646-9646 Company Name: R&M Consultants, Inc Fax: 907-522-3403 Mailing Address: 9101 Vanguard Drive City: Anchorage State: AIaska Zip Code: 99507 Email Address: mwelch@rmconsult.com AK P.E.License No.: CE 14392 ll. Public Water System Information Systems Using Hauled Water Community Water PWSID(s)water is PWSID: 2240757 System System(CWS) obtained from: (far existing water systems) Classification:(18 AAC 80.1990) ❑ Non-Transient Non- Community(NTNC) PWSID(s)of water ❑ haulers used: Transient Non- Community(TNC) Does or will the facility treat Number of Service Connections in PWS: 903 (including proposed) the water it receives? Days per Year of Operation: 365 (number of days) Dates of Operation: N/A (if seasonal) Resident Population Served(daily average*): 2528 (PWS serves primary place of abode via pipes,delivery,or self-haul) Non-Transient Population Served(daily average*): 500 (>6 months/year of PWS use such as students and workers) Transient Population Served(daily average*). 296 (<6 months/year of PWS use such as customers) Length of Extension or Replacement(ft): 725 (for projects proposing distribution or transmission main work) *Daily average refers to an average population that includes only the days water is made available to the public. III. Plan Review Checklist: Identify the checklists required for submittal. Checklist Modify New PWS Existing Distribution Waiver No. Title PWS 1.0 General ❑ ❑ 2.0 Capacity Development(CWS/NTNC) ❑ 3.0 Source-Groundwater ❑ ❑ 3.1a Source-GWUDISW Determination ❑ ❑ 3.1b Source- Surface Water/GWUDISW ❑ 3.2a Source-Other I Rain Catchment ❑ ❑ 3.2b Source-Other/Seawater ❑ ❑ 4.0 Storage ❑ 'l 4.1 Storage—Tracer Study Application-DRAFT ❑ ❑ 5.0 Distribution-Piped ❑ ❑ 7 5.1 Water Haul Vehicle ❑ ❑ ❑ 6.0 Treatment-Surface Water/GWUDIS W ❑ ❑ 6.1 Treatment-Corrosion Control ❑ ❑ 6.2 Treatment-POU and POE ❑ ❑ 6.3 Treatment-Membrane Filtration ❑ ❑ 6.4 Treatment-Ozone ❑ ❑ 6.5 Treatment-Media Filtration ❑ ❑ 6.6a Treatment—UV Disinfection Validation Report ❑ ❑ 6.6b Treatment—UV Disinfection System ❑ ❑ 6.7 Treatment-Other ❑ ❑ TO Waiver- Source ❑ ❑ 7.1 Waiver-Piped Distribution ❑ ❑ ❑ ❑ 8.0 1 Additive-Fluoride 1 Q ❑ Project[nformation Form l of 3 version: 2020 180 a� o Q Ol r.+ LY i1�„ 0 r6 as ^S r•G O U w W o •� U }' 4 O C4 181 SECTION 000300- BID FORM BID FORM City of Seward, Alaska Ballaine Boulevard Water & Sewer COMPANY NAME, Metco Alaska, LLC ADDRESS: 2701 Seward Highway -- Seward, AK 99664 In compliance with your Invitation for Bid dated Jbj qe_ 2023 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 Seward .Alaska, according to the plans and specifications and for the amount and prices na€ried herein as indicated on the Bid Schedule consisting of 2. 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 DATEISSUED The Undersigned has read the foregoing bid and hereby agrees to the conditions stated therein by affixing his signature below, Bidding Company, Metc-o-Alaska, LLC Signa rare: Cole Petersen Title Owner 2085287 AK Business Lic, Dec. 31, 2024 CONTRACTOR'S LICENSE NUMBER 147999 AK Contractor Lic. EXPIRES. Dec. 31, 2024 ABL-119 City of Seward Lic. Dec. 31, 2023 BUSINESS ADDRESS 2701 Seward Highway TELEPHONE 907-224-3151 Seward, AK 99664 182 ' SECTION O00310 — BID SCHEDULE CITY OFSEVVARDAL4SKA BALLA|NEBOUiEVARD WATER & SEWER IMPROVEMENTS B{D8CHEOULE |n accordanoa with the Conkuo| Doounien1n Work furnished and constructed as described in the contract documents shall be paid by Lump Sum, in acco/dancewith the General Conditions SCHEDULEA —VVATER |K8PRC}VEK8ENTS ITEM ESTIMATED UNIT NO. WORK DESCRIPTION UNIT BID TOTAL BID PRICE QUANTITY PRICE Furnish and Install Water Ptpe (8" Furnish and Install 8-inch Gate Valve Trench Excavation and Rackfill Pipe Bedding Furn�sh and lnsta!l Fire Hydrant A-5 Assembly EA 2 A-6 Connect to Existing Water Main LS 2 CO Furnish and Insta] 1-inch Residential TOTALSCHEDULEA SCHEDULE 8—SEWER IMPROVEMENTS 1 , SECTION 0003'10 - RID SCHEDULE SCHEDULE C; —ROADWAY IMPROVEMENTS ITEM WORK DESCRIPTION -_-- UNIT ESTIMATED UNIT BID TOTAL. SID NO. QUANTITY PRICE PRICE C-1 A C. Pavement(Class E) TON 147 330 pp `�S�s/a,Oo C-2 Leveling Course TON 141 C-3 Classified Fill & gackfil! Type 11-A CY 421 2Z. g l 9j 603, O1 C-4 Unclassified Excavation CY 1.052 22,8 J 23,996- lz TOTAL SCHEDULE C ��� BID SUMMARY: L� TOTAL AMOUNT (SCHEDULE A + B +C) IN FIGURES: $ f D 31 5 . S( TOTAL AMOUNT (SCHEDULE A + B + C) IN WORDS: ��� ���yr �r�ks � ,���►' a'9�)4 -N; and s6 ioo COMPANY NAME: Metco Alaska, LLC Signature Cole Petersen Date: +� 1 Title Owner 184 BID BOND Conforms with The American Institute of Architects,A.I.A. Document No. A-310 KNOW ALL BY TTTTE PRFSF'NTS. That we, Metco Alaska, LLC 2701 Seward Highway, Seward, AK 99664 as Principal. hereinafter called the Pri7icipaL and the Merchants National Bonding, Inc. oj'P.O BOX 14498, DES MOINES, IA 50306 -3498 a cori-)oratioil duly organised Under the laws of the state 01, IA ."IS Surety. hereinafter called the Surew,are held:lid Firmly bound unto City of Seward as Oblig I "ec. here ilaficl-CAled the Obliocc. I in the SLIM Of five percent (5%) of the total bid amount I Dollar;(S ------------------------------ for the payment of which sun)weil and truly it)be inade, the said Principal and tlie.said Surety, bald ourseNcs,our llcLirtl. executors,admtiii-,,Irit(irs. ,,ttccc,,sors and assigns.jointly and severally. 1-ir111y by LlleSC presents. WHEREAS.the Principal has submitted a bid for Ballaine Boulevard Water&Sewer Improvements NOW.THEREFORE,if the Obligee shall accept the bid of tile Principal and the Principal sliall enter into a Contract-,vith the 01311(yee in accordance whiff the terms of such hid, and -jvc Such bond or build,-, as irtay be specified J-11 the bidding or Contract L)OCLIIIICIILS With -)od and sufficient surety' tor the t'althful perl'brinance of such Coii(ract and I')i- the prompt payment of labor and material furnished in the prosecution thereof.or in the event of the failure of the Principal to enter such Contract and oivcmch bond ter bonds. if the Principal Shall pay to the Obli-ce the differenCe not to CXCCCLI the penalty hereof bctwcen the allIOU11t SpeCilled ill',�lid bid and Such larger amount for which the Obli-ee play in 'Tood fairl-i contract with another parry to perfortil the Work covered by Said bid, then This, obligation shall be FIL11t Jl1d \old. otherwise to rciumn in Rill force and i2ffect. Sinned and scaled this 12th day of June 202 Metco Alaska, LLC Principal CZ' WiLneSS Title MARY E. MCCARTHY Notary Public State of Alaska My commission Expires Apr 22, 2027 Merchants National Bondinn. Inc. By ev__.e_ (Seal) Regan Hu f A ttorn ev-i it-Fact S-0054,1GE 12/00 185 XDP MERCHAN BONDING COMPANY, POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint, individually, Donald W Bacic;Kathleen M Moss;Kyaw Swat;Matthew Benoit;Regan Hupf their true and lawful Atto mey(s)-i n-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc.,on October 16,2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 5th day of December 2019 111fYi1a�1•I •�����° o"j,110Ng4••.,� .•01�G.CQ.. �p(j A7 •. MERCHANTS BONDING COMPANY(MUTUAL) ,09 MERCHANT NATIONAL BONDING,INC. v 2003 p c 1933 �'e3' By President STATE OFIOWA ••�••eae � j}11+` e'•e..e.. COUNTY OF DALLAS ss. On this this 5th day of December 2019 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. /11? Al s ALICIA K.GRAM v Commission Number 767430 2 ire a° r My Commission Expires April 1,2020 Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this j2day of �•.., .�o��� co,�•. :~ 2©03 �s]; •y 1933 :e: Secretary POA0018 (3/17) ••••fe.r11111�� 'O•ae e.. 186 SECTION 000360 -STATEMENT OF QUALIFICATIONS BINDING & 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: Metco Alaska, LLC 2701 Seward Highway Seward, AK 99664 907-224-3151 b Name, title, and telephone number of Bidder's representative for project Cole Petersen, Owner 907-362-1742 C. Organization Status(Check One): X Corporation, Partnership, or Individual d. If Organization is a Corporation: Date of Incorporation June 3, 2019 State in which Incorporated.Alaska Principal Officers: Name. Title Date Assumed Position Cole Petersen Owner June 3, 2019 Joseph Tougas Member June 3, 2019 2 FINANCIAL a Have you ever failed to complete a contract due to insufficient resources? Yes No X _ If yes. explain Ballaine Boulevard hater& Sewer STATEMENT OF QUALIFICATIONS Section 000360 Page 1 187 SECTION 000360 -STATEMENT OF QUALIFICATIONS b Describe any arrangements you have made to finance this work. None 3 EQUIPMENT a. Describe in detail the equipment you have available for this work ITEM QUAN, MAKE MODEL SIZE/ PRESENT CAPACITY MARKET VALUE Excavator 1 We have 5 Different Si a Excavators Available Loader 1 or 2 Volvo L90 / L120 Compactor 1 or 2 Roller & W Ik Behind Grader 1 CAT 12M2AWD b. What percent of the total value of this contract do you intend to subcontract? 10 o. 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? Yes c Do you propose to purchase any equipment for use on this project? Yes No X If yes, describe type, quantity, and approximate cost. d. Do you propose to rent any equipment for this work? Yes No X If yes. describe type and quantity. e Is your proposal based on firm offers for all materials necessary for this project? Yes X No 4 EXPERIENCE a Have you had previous construction contracts or subcontracts with the City of Seward? Yes X No Describe the most recent or current contract, completion date, and scope of work: Ballaine Boulevard dater Sewer STATEMENT OF QUALIFICATIONS Section 000360 Page 2 188 SE�.TiON 000360 - STATEMENT OF QUALIFICATION: Lowell Point Landslide --May 2022_ Safely Clear Large Landslide on Lowell Point Road to Open Roadway Emergency Mobe on May 8, 2022 Demobed on May 31, 2022 b List, as an attachment to tins qr _,,,tloim arre, otnei di lCtiy 1 ated experience on similar construction projects you have completed. the , , -s of cornpletio,. scope of work. and total contract amount for each project completed in the past 12 rnonths 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 t!ae General Conditions of the Construction Contract, and award of a contract does rot constitute approval of the Subcontractors Nan!e'address Subcontractor/Material Supplier Specialty 1 Ferguson Plumbing Material Supplier Water & Sewer Supplies 2 D & S Concrete Material Supplier Sewer Manhole Supplies 3 McKenna Brothers Subcontractor Asphalt / Paving 4 5 I hereby certify that the above statements are true and complete. Dated at 13 '00 PM this aP�day of JL4. 1 e 20 23 Cale Petersen may" Name of Contractor Owner 41c,nature Title of Person Signing Ballaine Boulevard Water& Sewer STATEMENT OF QUALIFICATIONS Section 000360 Page 3 189 Projects Completed for the City of Seward WINTER 2023 (City of Seward) Fire Department- Fire Hydrant Snow Clearing $ 33,000.00 APR 2023 (City of Seward) Lowell Point Road -Clean Out Landslide Ditches $ 7,336.16 NOV 2021 (City of Seward) Lowell Point Waterfall Bridge-Dredge for Flooding $ 3,090.00 OCT 2022 (City of Seward) Lowell Point Waterfall Bridge- Dredge for Flooding $ 2,991.00 MAY/JUN 2022 (City of Seward) Lowell Point Road Landslide $ 588,951.07 SEP 2021 (City of Seward) Public Works-2nd Avenue, Leslie Pemberton Property $ 3,215.45 JUN 2021 (City of Seward) Planning &Zoning- Boulders to Protect Park Perimeter $ 85,966.22 OCT 2020 (City of Seward) Lowell Point Waterfall Bridge- Dredge for Flooding $ 13,383.00 Other Projects Completed APR-MAY 2023 (Hilltop Properties)Sewer Line,Sewer Main, Manhole installation $ 306,821.65 APR-MAY 2023 (Hilltop Properties)Waterline Installation $ 368,276.52 JUN SEP 2022 (Dawson Construction) COS Animal Shelter--Clear, Grub,Water&Sewer Install, Pathway, Gradework, & Paving $ 260,]97.16 JUN 2022 (Harris Sand &Gravel) Subcontracor on Northeast Harbor Boat Launch Project $ 760,212.77 MAY 2022 (Catalyst Marine)City of Seward-GKL Dock-- Install HDPE Pipe $ 46,998.51 JUN 2022 (Alaska SeaLife Center) RV Parking Area-Sewer&Water Install $ 56,714.00 OCT 2020 (Gateway Hotel)Arctic Pipe Installation $ 66,478.60 AUG-NOV 2020 (Alaska Railroad)Whittier Drainage Improvement $ 1,682,519.79 JAN 2020 (Alaska Railroad) Freight Dock Drainage &Crossing Improvement $ 117,894.50 JAN 2020 (Alaska Railroad)Water&Sewer Extension $ 184,220.75 SEP 2019 (Alaska Railroad) Freight Dock Drainage &Crossing Improvement $ 318,000.00 APR 2019 (Alaska Railroad)Water&Sewer Extension $ 161,000.00 JUN 2019-MAY 2023 Various Seward Water, Sewer, &Septic Installation and/or Repairs $ 380,000.00 190 CITY OF SEWARD BALLAINE BOULEVARD WATER AND SEWER IMPROVEMENTS JUNE 2023 o SHEETINDEX SHEET NO. SUBJECT 1 COVER SHEET&SHEET INDEX U 2 LEGEND&ABBREVIATIONS U 3 NOTES 4 BALLAINE BOULEVARD WATER PLAN&PROFILE 5 SANITARY SEWER PLAN&PROFILE C 6 DETAILS 0?0 7 WATER DETAILS U o� J� SEWARD ��k1Y1 I H PROJECT AREA qpqpHH LJ g �I ` a ,ALASKA I _ 3 - SEWAR u 5 ow" CITY OF SEWARD R&M CONSULTANTS INC. PUBLIC WORKS DEPARTMENT 9101 VANGUARD DRIVE V P.O.BOX 167 SEWARD,AK ANCHORAGE,AK 99507 99664 191 ABBREVIATIONS. LEGEND Pu�N LEGEND SYMBOL SYMBOL Ru5 Aa5ouAI ION LomSnevAllom __ __ mD Exlsnmc(E7 PRovosED W DESCRIPTION ExIsrlNC lq PRovoseD W PLAN LEGEND FOR BOTTOM OF P RE cemn wlcnCATCH ewsim mwNnoLE �ENIECLNE .. wN lRmwel nRON VIVE 0 sPNITARv servERnnPNBOLE CEP, cHUGACH ELECTRIC ... .sLOPEunnlTs s BRAee aw moNDLBLM eoINne SEvvER SnRVICE eoNNEa IN OW D IMF I VEGETATION lH' 'D=E'RON PIPE SANITARY SEXPER LINE OAERHEAD ELECTRIC LINE D ELECTRIC PEDESTAL T tAeI OTNGDRA LINEwN UNt —Dx�EE. ®.E ELECURCALITPNDHOLD/J BOX EACH UNDERGROUND TELEPHONE R ED G�y POLE MENT LUM CARE EL ELEVATION/EASEMENT LINE © IRE Dxc E o "I A "'S' UNDERGROUND ELECTRIC PEDESTAL UNDERGROUND FIBER OPTIC RE GPM GALLONS PER MINUTE fPO ---FM— FORCE LAWN C 6 o.oP ONN'12�CABLE PEDESTAL ST SALE VALVE STORM DRAIN MACHOLE OLICH Lvtrvt ® TAIIH ININ MACHILl IUut PLACE WITH ORMER DII EL ¢E x INSULATION JJ LINE 0 s N o ® HOLE 0 NBOX �_______�e�- -�CULICI MAY MAYIN EXISTING noRAOESIANDweD SVL,,IEICAIIONS a' ®° ne„SiN mwNnoLE D cnre vosr ME MATCH FOOT N= AST MIN SEA LEVEL 'ANDO XAVA, CIA NOT APRIL CABLE I— NA' NA URAT CA, EPTIBLF DITCH AND IUIIne LEGEND NFS NON FROST SUSC ull cIT vvllnwvuAv NTs oOieioLsulw�IEeI Lw DUI LDINGT STRUCTURE OSHA OC PATHEALTH a„.•„= PC C CONCRETE PROFILE PCC PO ND CEMENT MENT CURVATEURE L 1 U"ITH p WIN d 0 PIPEUe I PC *TGra LOCATION RD SON PNOeNCVN CAR ® CONSTRUCTION PERMITiEASEMENT OAD �r sroRM DRwN OR suaDRwN UNEAND MANHOLE TEMPORPRv co 5 CNT ® INSULATION BOARD J INSULATION BOARD DID STORM'BRA N RT RIGHT 11 SIDE STAN 11 IN AL ALE L. 'AT NSp SPEC ATa(o.B EET) ATIo nULe �MaEa TBC TOP BAGN OF CURB TCE TEMPORARY CONSTRUCT�ON EASEMENT TELECOMMUNICATION a ELECTRICAL TELE TELEPHONE AN All BOX VERIFY RECORD DRAWING °�=*°e=fi��=a4V CITY OF SEWARD 3 SCALE 9p KA`�(91 PUBLIC WORKS DEPARTMENT qKm ap1 1 °W`..a"°q �. �u.�°.m n.m.e ��.,em n.�°.m, , /�i G9w Y� wa.Ea,wo sevEv uavMEuEx.s LEGEND&ABBREVIATIONS sowG new o,90. ar D.xEa,aD,E,.w.x .92 E za GENERAL CON STRU XTI ON NOTES WATER NOTES 1. PROTECT AREA THE CONTRACTOR SHALL CALL t. LAT VU(iL(CAPHUU N1,1ANCt Ur ALL LOTS OUT 2 ACCORDANCE VNTHTHE 2"MU NI CI PAT Ty OFANCHoRAGE STAND'I ENGINEER ,NS(HEREIN AFTER REUCTEDFERRED TO AS MASS)THESE PROJECT SPECIAL PROVISIONS,AND ALL BEST GN STANDARDS ESTABLI SHED BY THE CITY OF SESSAFED PUBLIC WXRMS DIVISION 2 ALL I RE BEDD NG HALL BE PER MIS BED DING I DEAS E ALL BEDDING AND TRENCH BEELFILL SHALL BE 3. ALLASPHALT PAVEMENT REMOVED SHALL BE REPLACED PATH 2 AC PAVEMENT(CISS A AND z"LEJEUNGCOURSE. CUMVACI LU IUxs Lo Ur MAxIMUM UeNeIIv. 3AND. nv(tu(rttI HUHItUNIAL ANU ntiHlttry(t n(AcntSvtwIIC�Le 3. ALL WATER VALVE B=LBD RISERSSHILBECONSTRUCTED IN ACCORDANCEWITH MASS LEAST NINE(9)FEEf FROM ANY WATERLINE CROSSINGS SANITARYANO STORM SENER PIPEJOINTS SHALL REPLACED AT a. PATH WAS 5. ON(IF REQUI REo)SHALL BE RIGID B04Ro,HIGH DENSITY EXTRUDED POLYSTYRENE MIN 60 PSI FOR UYD TLEGPIPING,VALVE SHOE CONNECTION TO—ER MAIN,ETC ARESUBSIDIARYTOTHEHYDRANTPAY UNDER GROUND TA o DEC PER FOUR INCH THICHINSUIFFELON S. ALL ORGANIC MATERIAL SHALL BE REMOVED FROM THE SUBGRADE TO A DEPTH TO BE DETERMI NED BY THE ENGINEER I RON MEGALUGS OR APPROVED EQUAL FILL NGS Stirvey Poin[Table I IN.AD.....NI L'11 AMIN CF�IGININI I='INN"FLOTA I IINC�11 FOR 11 MINIHNII LOTS I INI FILLI Al I I I N''ES,TRY COH LFRE H YM R=RIHILVEI PCIA-01NIS-1 11 IN I I I HVIAXI 1�III I IS FOR I HIS, 10 THE CONTRACTOR SHALL PROM BE RECORD DRAWN AS I N ACCORDANCE PATH TH E R EQUIREMENTS OF MASS AND THE 2012 1 ALL CONSTRUCTED—ER PI PELINES AND SERVICES SHALL BE HYDROSTATICALLY PRESSURE TESTED PER =N DES GN AN DR COO HAT GUO'NTM PRIF ANATOPEASYMANUAL SURVEY NOTES SHALL BE SUBMITTED PATH THE RECORD C600 AND M A A A RKSOSEDMENT SNOTTRANSPORT ED ONTO THE ROADWAY OR ABLED ENT PROP THE CONTRAC OR SWFEP UP ANY SEDIMENT TRACKED ONTO OFFED SURFACES IN PUBLIC RIGHT 01-Y HNza SANITARYSEVVER HOURS OF THE TRACKING TO MINIM¢E THE—HOFF OF SEDIMENT INTO THE STORM DRAINS OR WATERWAYS ' WO(]Z)HOURS IN ADvwvcE OF '� L SENER FACILITIES. He�vUNeIHLtwH ALLUtvuAI LwINGA[,Im Ue�IUllIIUTAIt I Ht[,UNe1-11UNU APAItHANu etHVI[,t IU ANV IMVA[,ItU t-:IeUNG weI UMtwS. HALLIe He�vUNeIHLt IU VHUVIUt ItmvUHAuv etvvtH NG EFFORT MAY NOT BE PUMPED OR I IRTED PLO THE 2 OR OR To NSTALL"T ON OF NESVP PING IONTRACTOR SHILVERI�FYINEXIST NG STS A OMAN MYCHOLE ELEARTIONS COORS IT EOCATED ENTIRELI WITHIN A LOCAL IXISTING STORM GRAN SYSTEM UNLESS ALL HORIZONTAL CONTROL STATEM NT REQUIREO PERMITSARE OBTANEO PRIOR TO CONSTRUCTION. MANGSERMCES OR OTHER UTILITIES NOTIFY ENGINEER IMMEDIATELY IF ANY CONFLICTS BY W. PIPES,WATER GROUND—RASED COORDINATE SYSTEM IN US FEET N ANYEX tnvAu[,tNetu eUHVLYUH. UIeI U-1 BY IHI I IOET I UK SHALL nt Ht LETAU Al I HI IHA,I UK SURVEY NOTES VERTICAL CONTROL 5TATEMENT ILL IT AL RECORDDATAONLYE PROJECT SITE1 UT I LOCAT AND 0 HER FEATURES SHOWN ARE APPROXIMATE AND-RE DEVELOPED THEEASED 2a T(UNO OF TO LOCATE ALL EXIST NG CULVERTS AND UTIUTI ES PRIORT0 CONSTRUCTION. PROJECT)NO DIFFERENTIAL L"'S WAR' SCOPE OF WORKHERFOR OFF ALL ELEATON''HOWN WERE OBTAINED FROM [,UNeI HU[,I itu Lr Urn✓M,vuAI Lw UIe IHIHU UUN MAIN ANU etHVI[,ts L c.,(HeM(nt A'M 11IFFAR v sr�CTI ANI-UEFY1 Cu MAv ONLI BE ACCURATE TO 0.1 TO D.2.ELEVATIONS AT PIPE INVERTS CONSTRUCT320 LF OF 8 PAY SANITARY SERVER WIN SURVEY INFORMAELON IS LOCATED IN FIELD BOOK NO 2734 00 PAGES 45 THRU 53 CONSTRUCT 2 SANITARY SEVAER MANHOLES .i UP�L'MOUND AT RE GO FOR THIS . PAN CONSTRUCT 2 FIRE HYDRANTS IT nlyEL N HE UNDENOUNDUTLI AGE SHOXM 5 RECORD AS"CUTATELBUILT INFORMATION. N MARKS PROM RED BY UTILITY COMPANI AS AND 9 a.ALL DIMENSIONS SHOWN HEREON ARE IN US SURVEY FEET UNLESS NOTED OTHERWISEPUBIL I MR IS DEPARTMENT PC BOX 167 SENSORS M99664 _CONS ULTANTS PC 9101 VANGUARD DRIVE RAGE M99507 MI A VERIFY ` RECORD DRAWING ��=Te=fi��=a 4V CITY OF SEWARD 3 SCALE oaioi.AL s� =m�=. o,�p'(E ?S,F�I PUBLIC WORKS DEPARTMENT �.,.,...m,�o.oru.,o.n,. .e e,�„pp.,5 m,.p,...mu.p,oi.n, ♦,qg T�I v� o.E i.Cx o. go�usTovawixG oev. Uqw wa.Ev axosNOTESpwEwEx.s vEo eY. ow.e. .93 � — — — — — — — — — — j �A"EN w—� PD9I�,oaks o o�. � o,.00 oz.00 o,.00 oo.00 as.00 oe.00� I " DANEBF,DExs„A sPo,, WATERS sEEDETAIL­11 � _ nssozT PV' F,AD wA Ill MA,A s 3 STURBEDASPHALT _ 5 7-- a .,NEeo�EE�aBoB"PVC C9DD RJ B DRiB WATER MAN EXISTINGWATER MANTO REMAN IN PIACE FM---FM---FM---FM---FM---FM---FM--- --FM---FM---FM--- -FM -FM---FM---FM---FM -FM- -FM---FM---FM---FM-- --- --- --- ---FM---FM---FM-- 7 50 50 45 woo s,RE s�krr 45 40 40 AD s Ro TEEDISTINS � 35 35 ­U­IIIE IN FEET s 30 --- _ 30 1—MAN 25 -------- --- 25 20 TE 20 ®BEFORE YOU DIG CALL FOR FREE UNDERGROUND 15 15 J LOCATION 10 ,00 3+00 <.00 s.00 s.00 E.00 a.00 P.00 za.oa z,.oa zz.oa 2i00 zo l0 VERIFY ` RECORD DRAWING CITV OF SEWARD 3 SCALE Dxnxa� sx 9p s,F91 PUBLIC WORKS DEPARTMENT ax BALLAINE BOULEVARD WATER PLAN&PROFILE „ sw,ury svrtv sxurc smin, wxD�Dx xaav,.cD noxx nw<x ossox ,-. D,xsx axD,sc,w,x a B wo-ssre ouun,ss I I- I I Ixaxsrsx ow,e. wx„sx w,xox u, \ ,.F,�� 4 a PEA,. aE�NaYAK G, o,�vPEA� Ry RMar, A, ITAe.9 ,Az .os d R1145211 _ oe.00 -�� a TARPS—R a -- --- BEFORE YOU DIG { g I CALL FOR FREE - J w _ UNDERGROUND J J LOCATION __ - - -- --- -- _ —� saLurNe aou,evaao aauarnr CALL NrEa or AusuA ,. NIT Fl III I IT LT Es oNI NEE,To eE swv TnRv sEvvr_R N 000 5 50 _ a ^ a - 50 99 n �m a .a E - 45 45 APPROXIMATE alsTlNc GROUND 40 — _ 40 35 �,Aoo�F NrraRYsFR — — - FzsriNce°saNirAmseweR s=o -- -------- --- 35 5 30 30 s 25 25 20 20 oRaoN,ar 11RE IN FEEL 00 41— 41.00 00 41— 44.00 4— 41— 41. 41.00 4.4.00 VERIFY ` RECORD DRAWING xor.ro°=fill=° \y\ CITY OF SEWARD 3 SCALE oxnxa� sc 9p 'ti9s,F9I PUBLIC WORKS DEPARTMENT ax SANITARY SEWER PLAN ANDPROFILE „ swrury svrtv sxurc scrim wxo�ox xaav T.co noxx nw<x csscx �,-. ins. oTxsx axorscTw Tx a B wo-scre ���nrss - wwsrsx cwTe. wx TTsxwTxox uT \ [,Fnrr�� s,rzs2c�a z AC.PAVEMENT(GUESS E)SEE NOTES e za Vu EI LssIEO EI L&BACIffILw LTEII _ SEE Pew Exrs�� EXISTING GROUND M"CH111 aonoways� ------_ i I MIN (SEE SPECI Fri CAT ONS)ER MAs s. P RE BEEF NO (MASS CLASS E) FUlE TYPE Il BALKFI y �C eIN"�ommeNUA olve R uI eu J y MIN PROPOSED WATERSS—R MAN NOTES ED LESS THAN 6 FEET RU(k-�)Ie uL�TUlueu Ir uevl n or eUuv m n UTILITY TRENCH TYPICAL SECTION J NIe 8 111I IN6 b A,VUAI tH MAIN i�V E g IXISTING6 AC WATER MAIN ONNECTTOEXISTINGWATERMAIN PROPOSED GIIEVALFS tHVPI 9 C PROOPOOSED B" s s PROPOSED B"PVC WATER MAN P EXISTING AC.WATER MAN TO REMAIN 5 PROPOSEDB"GATE VALVE TVP. EXISTINGWATERMANVALVETVP. W w W f vHVVVb'tU tl"IN[;VUHI tH MAN � DO NOT DISTURB EXISTING6"AC.WATER MAIN BALLAINE BOULEVARD —W W W 7Wh WWWW___WW— INDIINGAI.IRFIeuMANIoHIMANJ dALwweeoULeVAuu DO NOT DISTURB EXISTING6 AC—ER MAIN BEFORE YOU DIG CALL FOR FREE JEFFERSON STREET AND BALLAINE BOULEVARD WATER MAIN CONNECTION MADISON STREET AND BALLAINE BOULEVARD WATER MAIN CONNECTION UNDERGROUND �J NTs �J NTs C LOCATION VERIFY ` RECORD DRAWING xor.ro°=fill=° uV CITY OF SEWARD 3 SCALE oxGxaL xc 9p s,F91 PUBLIC WORKS DEPARTMENT ax nns. oev xw aL DE—LIS . „ swrury svrtv sxurc scrim wxo�ox xaavr.co noxu nw<x ossox orxsx PPOIECiW rx a B wo-�sre ���n=ss - zowrwrwwsrsx owre. wx iiEN wrxox ur � -� s/rzs2oa or ie fie— wAT RVALEIN �TIDNNDT s �x.Eox�w�xE �Eo wooxPos. xaExxTw, IX I S,DNIDHESAP�D � AIINGNDI� , LID �DxxE�TDx ..1Tx wEw E.rt OFFPMN�I3 H E ETENSIONPIEGESHALLDEOLMAPIGFOUNDRATYPEA,DFOISECTIONOFE ISIINGGH EIDN�A� HNISHII DI,METE,SIN�HUB SoILPIREOR�PRovEDEST, LLEx �SE�IIDNS�NDIE, M 3 BASESECTIONSHALL BEOLVMPII FOUNDRY TYPE DOR APPROVED EQUAL T Da EouaL a Mix IX I IN I eAaeeLCUUN SEE NOTE 2 NOTE INIADIMIN I IN IN F11 I I IN11 IN AN U IUv � VALVE BOX MANUFACTURER ALL DE CAST IRON AND DE THE PRODUCT OF THE VALVE DETAIL'A' I ,s Mix DII VALAE BOX DUST PAN SEE NOTE r F FURNISH AND INSTALL RUBBER GAsATXNSF6,DEVVEEN ALL INCONNECTIONS ALL'A NLESS'EEL BILL THREADS SHALL BE C'PRO,IS AD w ENIT GH POTENT AT CsL,N,NDIs AGGORDANGEPATHMANUFAGTURERSREGOMMENDIIIONSMOLYLTBRCANTST114ATAUNLESSANTSEIE OR °° IN �Tx�xEEx�EMExT NOTE VREL,e, i� 90 1-11NIIII THEN IT IO IC MAIN VALAY ML.MjN-IE �RwvEHONE EQUA7 TIE COAL EXTENSION PIECE BASESECTION ANDALLBURIEDBOATTED L Dx�x w�x�x�xo GEOT'I LE R I T ND 1 MODE FALLBEIN DIALLED SVVE AND BULL P SAKEHORITONTALPLANE=EFRNO-M-P LP El 2ON36 DNDFACUTS DEOF DDx E DETEMEENTHEMISE RELUMPEREDTD THER,IN LTHE NDDEATMIDPDINT s �a Oe SULFATE THE ANODES SHALL HAI A20 POUND FAR TYPICAL WATER VALVE&VALVE BOX ASSEMBLY DETAIL APPRoX MATELVTo POUND PACHICED PKEICUT EwEICHTAND s,x,xo�xE nnxEPUFx» Qooxo Aix 3 THE 20�NHRACTDERNSR�ECLFREDTO PROADECOORDINATES OR PIPE STATIONING FOR AN a ALL CABLES SHALL BE A ROLE CONDUCTOR RANDEDCOPPER,PATHTVPE WATER SERVICE HIMPRE NSUFAT ON RATED FOR Boo AILTS I SOL I BOLT CON NEXT INS SHALL NOT BE ALLOPSEL ON My I NDERG PIT ND CONDUCTORS JaN ov OR sAPPROVED EQUAL)SHALLL BE USED c OMPRESSION CONNNECTIONS 5 SHALL DE SEALED PATH A HEAT SHRINK SLEEVE RATED FOR DELOY GRADE USE a. awvELSECTiDx �� SEE xETav Sao sExu,E ITTEOL To TxESEx��E�xEw�TxDxTp�Dxv�THxo TxE Dx - rixisx owwE oTLeoO T�Dx nn , UYP Ws 5 1 M�x EnnExT ���waxExs.�x�TT�xo �� aDxxET.�oE 9 savixo uxE - - - - - mvEL x� II O II owTEvuuE xExroaaxTEgxE�oTE.w .�x�sx op�xE 00 �DxxE�T�DxsxTEx���s TDauwaEv axo xDSEE BEFORE YOU DIG CALL FOR FREE rvDxT�iEw 3ALLP�T T`aoo xpxxAxTWEO sxALL xA�Ex�xxxsT axwTxsesEEnnAsspxETA�Lx®Sufi,. '�T m UNDERGROUND u LOCATION SINGLE PUMPER HYDRANT x�xE ATxxxsT aLDTx xn HYDRANT GUARD POSTS xn AINTACTEDINDIVIDUALLY VERIFY ` RECORD DRAWING xo�=Toe=fi��.fiuV CITY OF SEWARD 3 SCALE DxioixAL sT =c=�=� orp4E ?S,F�I PUBLIC WORKS DEPARTMENT �.,.,...m,�o.oru.,o.n,. .e e,�„pp.,5 m,.p,...mu.p,oi.n, ♦,ggTM v� DxE ixTx Dx Ao,xsToxAwixo �E wpTsxW 11 DETAILS x.s vso sr. ow.e. s. a Txov uTlll T m Bids/Request for Proposals (REP) Ballaine Boulevard Water & Seward Improvements Department: City Clerk, Public Works Start Date: 05/30/2023 Close Date: o6/22/2023 2:00 PM CITY OF SEWARD,ALASKA PUBLIC NOTICE- Invitation for Bids 230530 COS Ballaine Water Sewer Invitation to Bid notice The City of Seward ("City") is seeking bids for a contract to construct water distribution mains,water valves, fire hydrants,water services, sanitary sewer main, sanitary sewer manholes, and sewer services. This work is bounded by Sixth Avenue, Ballaine Boulevard, Madison Street and Jefferson Street. Work includes replacing asphalt on Ballaine Boulevard and restoring the roadway embankment and drainage features. An optional pre-bid site visit will be held at the Public Works Facility, Seward,Alaska, 99664 June 8, 2023 at ii:oo am. All questions relating to technical matters,bid procedures or other aspects of the project should be directed to the following: Doug Schoessler by e-mail: doug@cityofseward.net.All questions must be received no later than 2:301)m on June 15, 2023. To receive an electronic or paper copy of the bid documents and to be considered a Plan Holder, contact Kirsten Loertscher at 907-224-4058 or by email at kloertscher@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 2:00112m on June 22, 2023,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 Ballaine Water&Sewer Improvements CITY CLERK P.O. BOX 167 410 ADAMS STREET SEWARD,ALASKA 99664 198 The bids will be opened publicly in the City Council Chambers located at 410 Adams Street, Seward,AK 99664 beginning at 2:30pm on June 22, 2023, 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. Return to full list>> 199 CITY OF SFWARD • Main Office (907) 224-4050 PO. BOX 167 • Public Works (907) 224-4058 SEWARD, ALASKA 99664-0167 • Water&Sewer(907)224-4094 • Fax (907) 224-5051 June 23, 2023 Metco Alaska, LLC 2701 Seward Highway Seward, AK 99664 NOTICE OF INTENT TO AWARD Dear Mr. Petersen The City of Seward intends to award the Ballaine Blvd Water& Sewer Project contract to your firm, Metco Alaska, LLC as the lowest responsive and responsible bidder, as outlined in the Invitation to Bid. This Intent to Award is contingent upon City Council approval which will take place July 10, 2023 at 7:OOPM in the Seward City Hall Council Chambers. You are welcome to attend or view online. If you have any questions, please feel free to contact me at 907-224-4OS8. Sincerely, , Doug Schoessler Public Works Director City of Seward 200 Resolution 2023-076 A Resolution Of The City Council Of The City Of Seward, Alaska, Authorizing The City Manager To Execute R&M Engineering Task Order No. 2734.25.03, Completing The 65% Design Of A New Public Works Facility, And Appropriating Funds Documents: • Agenda Statement • Resolution 2023-076 • Task Order 2734.25.03 • Cost Estimate • Schematic Designs 201 City Council Agenda Statement Meeting Date: July 10, 2023 To: City Council From: Norm Regis, Acting City Manager Subject: Resolution 2023-076:Authorizing the City Manager to Execute R&M Engineering Task Order No. 2734.25.03, Completing the 65%Design of A New Public Works Facility, and Appropriating Funds Background and justification: On October 10,2022,the City Council approved Resolution 2022-094 directing the City Managerto proceed with the Public Works Facility Project at the Fort Raymond Property and approving R&M Engineering tasks related to geotechnical services.R&M was on site the first week ofNovemberto complete the drilling and the report is forthcoming. City Council unanimously passed Resolution 2023-031 on March 28, 2023 which authorized the City Manager to proceed with the first step in the design,bringing the facility to 35%. This 65%design Task Order will continue work on the engineering,design,and cost estimate for construction of the new Public Works Facility.The goal is to complete this design work and then proceed with a follow up Task Order to get to 95%design by the end of 2023. Deliverables: • 65%Design Submittal-Drawings in PDF Format, Design Narrative, and Outline Specifications Comprehensive and Strategic Plan Consistency Information This legislation is consistent with(citation listed): Comprehensive Plan: 1.3.4 Public Facilities and Services Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: S 233,211 This legislation(✓): Creates revenue in the amount of: $ x Creates expenditure in amount of: $ 233,211 Creates a savings in the amount of: $ Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted,but included in Capital Improvement Plan x Not budgeted Not applicable Fund Balance Information Affected Fund(✓): F-IGencral 71 SMIC Electric Wastewater 202 Boat Harbor Parking = water Healthcare Motor Pool Other ARPA Account x 80084-0000-7009 Note:amounts are unaudited Fund Balance/Net position unrestricted/unassigned $ 839,547.27 Finance Signature: * r 40 Attorney Review RYes Attorney Signature: Not applicable Comments: Administration Recommendation eApprove Resolution Other: 203 Sponsored by: Regis CITY OF SEWARD,ALASKA RESOLUTION 2023-076 A Resolution of the City Council of the City of Seward, Alaska, Authorizing The City Manager To Execute R&M Engineering Task Order No. 2734.25.03, Completing The 65% Design Of A New Public Works Facility, And Appropriating Funds WHEREAS,the current Public Works Facility is past its useful life and does not meet the needs of the community or the staff operating in the department; and WHEREAS, since 1984, relocation of the Public Works Facility has been discussed by City Staff, the Planning and Zoning Commission, the Seward City Council, and the entire Seward community; and WHEREAS, construction of a new Public Works Facility is listed on the City of Seward's 2023-2028 Capital Improvement Plan; and WHEREAS, the Municipal Land Use Plan has identified the parcel where the current Public Works Facility is located as desirable for residential development; and WHEREAS, City Council unanimously approved Resolution 2023-035 on March 28, 2023 which authorized the City Manager to approved the 35% design Task Order to continue working on the project; and WHEREAS; Task Order 2734.25.03 will complete the 65% design and the construction estimate for a new Public Works Facility. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is authorized to execute task order No. 2734.25.03 with R&M Engineering for the completion of a 65% design for a new Public Works Facility. Section 2. Funding in the amount of $233,211 is hereby appropriated from ARPA LGLRRP Fund Account 80084-0000-3400 to Contracted Services account no.80084-0000- 7009-0090. Section 3. This resolution is effective upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this lOth day of July, 2023 204 CITY OF SEWARD,ALASKA RESOLUTION 2023-076 THE CITY OF SEWARD,ALASKA Sue McClure, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk (City Seal) 205 HMS Project No.22148 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) SEWARD PUBLIC WORKS BUILDING SEWARD,ALASKA PREPARED FOR: R&M Consultants,Inc. 9101 Vanguard Drive Anchorage,Alaska 99507 June 30,2023 4103 Minnesota Drive•Anchorage,Alaska 99503 p:907.561.1653•f.907.562.0420•e:mail@hmsalaska.com SEWARD PUBLIC WORKS BUILDING PAGE 2 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 NOTESIING THEPREPARATION OF DRAWINGS AND DOCUMENTS Level of Documents: (67)35%design estimate drawings Date: June 14,2023 Provided By: R&M Consultants,Inc.of Anchorage,Alaska,and their subconsultants RATES Pricing is based on current material,equipment and freight costs. Labor Rates: A.S.Title 36 working 60 hours perweek Premium Time: 16.70% Subcontractor's Mark-Up: 30.00% BIDDING ASSUMPTIONS Contract: Standard construction contract without restrictive bidding clauses Bidding Situation: Competitive bids assumed Bid Date: February 2024 Start of Construction: June2024 Months to Complete: (14)months EXCLUDED COSTS 1. A/E design fees 2. Administrative and management costs 3. Furniture,furnishings and equipment(except those specifically included) 4. Remediation of contaminated soils or abatement of any hazardous materials,if found during construction 206 SEWARD PUBLIC WORKS BUILDING PAGE 3 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 NOTESIING THE PREPARATION OF GENERAL When included in HMS Inc.'s scope of services,opinions or estimates of probable construction costs are prepared on the basis of HMS Inc.'s experience and qualifications and represent HMS Inc.'s judgment as a professional generally familiar with the industry. However,since HMS Inc. has no control over the cost of labor,materials,equipment or services furnished by others,over contractor's methods of determining prices,or over competitive bidding or market conditions,HMS Inc.cannot and does not guarantee that proposals,bids,or actual construction cost will not vary from HMS Inc.'s opinions or estimates of probable construction cost. Due to the lingering effects of the COVID-19 pandemic on the global supply chain and labor market,as well as ongoing geopolitical impacts to energy prices,HMS Inc.has included an additional contingency titled'Unique Market Risk'.This amount provided for in the estimate will be adjusted as the situation continues to change and the effect on construction pricing becomes better understood. This estimate assumes escalation based on the most recent 3-month rolling average of the U.S.Consumer Price Index.HMS Inc.will continue to monitor this,as well as other international,domestic and local events,and the resulting construction climate,and will adjust costs and contingencies as deemed appropriate. Review comments received June 29,2023 have been incorporated into this estimate. GROSS FLOOR AREA First Floor 21,804 SF Mezzanine 2,690 SF TOTAL GROSS FLOOR AREA: 24,494 SF SEWARD PUBLIC WORKS BUILDING PAGE 4 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 35%DESIGN COST SUMMARY Material Labor Total 01-SITE WORK $1,495,488 $1,748,653 $3,244,141 02-SUBSTRUCTURE 791,782 528,231 1,320,013 03-SUPERSTRUCTURE 1,800,067 861,021 2,661,088 04-EXTERIOR CLOSURE 786,713 276,927 1,063,640 05-ROOF SYSTEMS 449,326 274,344 723,670 06-INTERIOR CONSTRUCTION 342,428 325,352 667,780 07-CONVEYING SYSTEMS 0 0 0 08-MECHANICAL 697,086 488,827 1,185,913 09-ELECTRICAL 507,226 534,570 1,041,796 10-EQUIPMENT 93,350 15,463 108,813 11-SPECIAL CONSTRUCTION 166,530 83,288 249,818 SUBTOTAL: $7,129,996 $5,136,676 $12,266,672 12-GENERAL REQUIREMENTS 4,485,168 SUBTOTAL: $16,751,840 13-CONTINGENCIES 5,100,566 TOTAL ESTIMATED CONSTRUCTION COST: $21,852,406 COST PER SQUARE FOOT. $892.15/SF GROSS FLOOR AREA: 24,494 SF 207 SEWARD PUBLIC WORKS BUILDING PAGE 5 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 ELEMENTAL SUMMARY Total Element Material Labor MatenalA-abor Total Cost Cost per SF 01-SITE WORK $3,244,141 $132.45 011 -Hazmat Abatement $0 $0 $0 0.00 012-Site Preparation and Earthwork 499,362 932,878 1,432,240 58.47 013-Site Improvements 688,161 454,427 1,142,588 46.65 014-Site Mechanical 190,878 205,139 396,017 16.17 015-Site Electrical 117,087 156,209 273,296 11.16 02-SUBSTRUCTURE $1,320,013 $53.89 021 -Standard Foundations $318,491 $237,916 $556,407 22.72 022-Slab on Grade 473,291 290,315 763,606 31.18 023-Basement 0 0 0 0.00 024-Special Foundations 0 0 0 0.00 03-SUPERSTRUCTURE $2,661,088 $108.64 031 -Floor Construction $205,059 $102,678 $307,737 12.56 032-Roof Construction 1,557,191 745,468 2,302,659 94.01 033-Stair Construction 37,817 12,875 50,692 2.07 04-EXTERIOR CLOSURE $1,063,640 $43.42 041 -Exterior Walls $415,867 $162,973 $578,840 23.63 042-Exterior Doors and Windows 370,846 113,954 484,800 19.79 05-ROOF SYSTEMS $723,670 $29.54 051 -Roofing $449,326 $274,344 $723,670 29.54 052-Skylights 0 0 0 0.00 06-INTERIOR CONSTRUCTION $667,780 $27.26 061 -Partitions and Doors $134,923 $116,642 $251,565 10.27 062-Interior Finishes 97,837 184,566 282,403 11.53 063-Specialties 109,668 24,144 133,812 5.46 07-CONVEYING SYSTEMS $0 $0 $0 $0.00 SEWARD PUBLIC WORKS BUILDING PAGE 6 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 ELEMENTAL SUMMARY Total Element Material Labor MatenalA-abor Total Cost Cost per SF 08-MECHANICAL $1,185.913 $48.42 081 -Demolition $0 $0 $0 0.00 082-Plumbing 253,915 182,234 436,149 17.81 083-HVAC 235,056 132,967 368,023 15.03 084-Fire Protection 82,687 84,406 167,093 6.82 085-Special Mechanical Systems 125,428 89,220 214,648 8.76 09-ELECTRICAL $1,041,796 $42.53 091 -Demolition $0 $0 $0 0.00 092-Service and Distribution 234,887 215,241 450,128 18.38 093-Lighting and Power 151,564 189,367 340,931 13.92 094-Special Electrical Systems 120,775 129,962 250,737 10.24 10-EQUIPMENT $108,813 $4.44 101 -Fixed and Movable Equipment $93,350 $15,463 $108,813 4.44 102-Furnishings 0 0 0 0.00 11-SPECIAL CONSTRUCTION $166,530 $83,288 $249,818 $10.20 SUBTOTAL DIRECT WORK., $7,129,996 $5,136,676 $12,266,672 12-GENERAL REQUIREMENTS $4,485,168 $183.11 121 -Mobilization $170,700 6.97 122-Operation Costs 2,821,577 115.19 123-Profit 1,492,891 60.95 13-CONTINGENCIES $5,100,566 $208.24 131 -Estimator's Contingency 20.00% $3,350,368 136.78 131 -Unique Market Risk 5.00% 1,005,110 41.03 132-Escalation Contingency 3.53% 745,088 30.42 TOTAL ESTIMATED CONSTRUCTION COST., $21,852,406 $892.15 /SF GROSS FLOOR AREA: 24,494 SF 208 SEWARD PUBLIC WORKS BUILDING PAGE 7 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 01-SITE WORK MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 012-Site Preparation and Earthwork S S S S S S SITE PREPARATION SWPPP plan and maintenance 1 EA 12000.00 12,000 15000.00 15,000 27000.00 27,000 Site survey and staking 5.25 AC 1000.00 5,250 6000.00 31,500 7000.00 36,750 Temporary construction fencing 1,800 LF 9.00 16,200 3.90 7,020 12.90 23,220 EARTHWORK Clearing and grubbing 1.25 AC 2000.00 2,500 10000.00 12,500 12000.00 15,000 Salvage and screen for topsoil and stockpile 432 CY 5.00 2,160 8.50 3,672 13.50 5,832 Excavate 48"deep unsuitable material at main building and haul to disposal pad 3,250 CY 15.00 48,750 15.00 48,750 Excavate 48"deep unsuitable material at shed and haul to disposal pad 386 CY 15.00 5,790 15.00 5,790 Excavate 24"deep unsuitable material at driveway areas and hardscapes,and haul to disposal (155,000 SF) 14,326 CY 18.00 257,868 18.00 257,868 Geotextile fabric 17,192 SY 1.10 18,911 0.45 7,736 1.55 26,647 Cap building excavations with 48"Class A imported material,compacted 3,900 CY 21.00 81,900 9.50 37,050 30.50 118,950 SEWARD PUBLIC WORKS BUILDING PAGE 8 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 01-SITE WORK MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 012-Site Preparation and Earthwork S S S S S S EARTHWORK(Continued) Cap shed excavations with 48"Class A imported material,compacted 425 CY 21.00 8,925 9.50 4,038 30.50 12,963 Cap AC pavement and driveway area excavation with 24"imported Class A material,compacted (155,00 SF) 14,926 CY 21.00 313,446 9.50 141,797 30.50 455,243 Soil compaction test(1 per 500 CY) 38 EA 225.00 8,550 225.00 8,550 Grade/form berms and swales as required 1 LOT 10000.00 10,000 10000.00 10,000 VIBROCOMPACTION Vibrocompaction probe 1 EA 27000.00 27,000 5100.00 5,100 32100.00 32,100 Vibroprobe(15 per day,5-person crew) 700 EA 300.00 210,000 300.00 210,000 Granular fill for compaction 120 CY 21.00 2,520 13.00 1,560 34.00 4,080 SUBTOTAL: $499,362 $799,381 $1,298,743 Labor Premium Time 16.70% 133,497 133,497 TOTAL ESTIMATED COST: $499,362 $932,878 $1,432,240 209 SEWARD PUBLIC WORKS BUILDING PAGE 9 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 01-SITE WORK MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 013-Site Improvements S S S S S S CANOPY Custom fab plate beam 2,200 LBS 3.70 8,140 1.50 3,300 5.20 11,440 Tube steel purlins 3,382 LBS 3.10 10,484 1.30 4,397 4.40 14,881 Tube steel columns 3,126 LBS 3.10 9,691 1.20 3,751 4.30 13,442 1 1/2"18 gauge roof deck 526 SF 9.00 4,734 1.40 736 10.40 5,470 Back plate 4 EA 165.00 660 65.00 260 230.00 920 1'k22"angle bolt 16 EA 30.00 480 19.00 304 49.00 784 Non-shrink grout at back plate 9 SF 21.50 194 20.00 180 41.50 374 Paint structure 1 LOT 250.00 250 2250.00 2,250 2500.00 2,500 SUBTOTAL: $34,633 $15,178 $49,811 Labor Premium Time 16.70% 2,535 2,535 SUBTOTAL: $34,633 $17,713 $52,346 Subcontractors Overhead and Profit on Material and Labor 30.00% 10,390 5,314 15,704 SUBTOTAL CANOPY. $45,023 $23,027 $68,050 SEWARD PUBLIC WORKS BUILDING PAGE 10 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 01-SITE WORK MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 013-Site Improvements S S S S S S SHED FOUNDATION Excavate and backfill for foundation footings 320 Cy 8.50 2,720 8.50 2,720 Footing concrete 32 Cy 200.00 6,400 90.00 2,880 290.00 9,280 Stem wall concrete 111 Cy 200.00 22,200 110.00 12,210 310.00 34,410 Concrete waste 8 Cy 200.00 1,600 80.00 640 280.00 2,240 Pump concrete 151 Cy 70.00 10,570 70.00 10,570 Footing forms 536 SF 4.00 2,144 4.00 2,144 8.00 4,288 Stem wall forms 4,941 SF 6.80 33,599 6.50 32,117 13.30 65,716 Bar reinforcement 13,320 LBS 1.10 14,652 0.85 11,322 1.95 25,974 2"rigid insulation 1,250 SF 1.10 1,375 0.55 688 1.65 2,063 SHED SLAB Geogrid 9,920 SF 1.50 14,880 0.08 794 1.58 15,674 D1 subbase,compacted 39 Cy 24.00 936 8.50 332 32.50 1,268 8"slab concrete(2,120 SF) 53 Cy 200.00 10,600 100.00 5,300 300.00 15,900 6"slab concrete(480 SF) 9 Cy 200.00 1,800 100.00 900 300.00 2,700 210 SEWARD PUBLIC WORKS BUILDING PAGE 11 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 01-SITE WORK MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 013-Site Improvements S S S S S S SHED SLAB(Continued) Concrete waste(5%) 4 CY 200.00 800 6.50 26 206.50 826 Pump concrete 66 CY 70.00 4,620 70.00 4,620 Bar reinforcement to slab 6,200 LBS 1.10 6,820 0.70 4,340 1.80 11,160 Cure and finish slab concrete 2,600 SF 0.30 780 1.35 3,510 1.65 4,290 FENCING 130"swing gate 2 EA 5000.00 10,000 1800.00 3,600 6800.00 13,600 24'0"swing gate 1 EA 9375.00 9,375 2500.00 2,500 11875.00 11,875 24'0"slide gate 1 EA 12500.00 12,500 4500.00 4,500 17000.00 17,000 New 8'0"tall,3-strand barbed wire fencing 1,772 LF 50.00 88,600 15.00 26,580 65.00 115,180 Add for card key gate access 1 EA 3500.00 3,500 1850.00 1,850 5350.00 5,350 PAR KI NG/ROADS/SI DEWALKS 4"D1 leveling course,compacted 2,763 CY 24.00 66,312 8.50 23,486 32.50 89,798 Finish grade 152,000 SF 0.15 22,800 0.15 22,800 2"AC paving 99,789 SF 2.00 199,578 1.10 109,768 3.10 309,346 SEWARD PUBLIC WORKS BUILDING PAGE 12 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 01-SITE WORK MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 013-Site Improvements S S S S S S PARKING/ROADS/SIDEWALKS(Continued) Match existing pavement 110 LF 2.50 275 3.70 407 6.20 682 Mark all parking stalls 22 EA 6.00 132 14.00 308 20.00 440 Mark handicapped stall 1 EA 22.00 22 43.00 43 65.00 65 Mark no parking hatch 170 SF 0.35 60 1.05 179 1.40 239 4"reinforced sidewalks with snowmelt 1,584 SF 9.50 15,048 7.50 11,880 17.00 26,928 6"reinforced aprons with snowmelt 5,118 SF 10.63 54,404 9.00 46,062 19.63 100,466 6"reinforced dumpster pad 48 SF 8.40 403 5.40 259 13.80 662 Concrete swale 342 LF 10.70 3,659 14.00 4,788 24.70 8,447 Extra forADA ramp slope and warning panel 114 SF 26.00 2,964 5.20 593 31.20 3,557 Concrete tire stop 1 EA 130.00 130 75.00 75 205.00 205 ADA sign and base 1 EA 150.00 150 125.00 125 275.00 275 LANDSCAPING 4"deep topsoil,salvaged 350 CY 5.00 1,750 8.20 2,870 13.20 4,620 4"deep topsoil,imported 350 CY 32.00 11,200 8.20 2,870 40.20 14,070 211 SEWARD PUBLIC WORKS BUILDING PAGE 13 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 01-SITE WORK MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 013-Site Improvements S S S S S S LANDSCAPING(Continued) Schedule A hydroseeding mix 60 MSF 230.00 13,800 295.00 17,700 525.00 31,500 Protect existing trees 1 LOT 500.00 500 1500.00 1,500 2000.00 2,000 Landscaping allowance 1 LOT 15000.00 15,000 5000.00 5,000 20000.00 20,000 SUBTOTAL: $643,138 $369,666 $1,012,804 Labor Premium Time 16.70% 61,734 61,734 SUBTOTAL: $643,138 $431,400 $1,074,538 TOTAL ESTIMATED COST: $688,161 $454,427 $1,142,588 SEWARD PUBLIC WORKS BUILDING PAGE 14 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 01-SITE WORK MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 014-Site Mechanical S S S S S S WATER MAINS Decommission existing walls(allowance) 2 EA 500.00 1,000 2500.00 5,000 3000.00 6,000 6"diameter gate valve with valve box assembly 1 EA 1250.00 1,250 650.00 650 1900.00 1,900 6"diameter DIP pipe and fittings 158 LF 30.00 4,740 19.50 3,081 49.50 7,821 Fire hydrant assembly 1 EA 7500.00 7,500 2200.00 2,200 9700.00 9,700 Polyethylene encasement 158 LF 1.50 237 2.75 435 4.25 672 Connect to existing water service 1 EA 1825.00 1,825 1950.00 1,950 3775.00 3,775 Test and disinfect pipe 158 LF 0.55 87 1.90 300 2.45 387 Excavate and dispose for piping 682 CY 15.00 10,230 15.00 10,230 Pipe bedding material 42 CY 24.00 1,008 11.00 462 35.00 1,470 Detectable warning tape 158 LF 0.52 82 0.33 52 0.85 134 Select standard backfill 776 CY 16.00 12,416 9.50 7,372 25.50 19,788 SANITARY SEWER 6"diameter DIP pipe and fittings 526 LF 30.00 15,780 19.50 10,257 49.50 26,037 Polyethylene encasement 526 LF 1.50 789 2.75 1,447 4.25 2,236 6"diameter yard cleanout 1 EA 250.00 250 135.00 135 385.00 385 212 SEWARD PUBLIC WORKS BUILDING PAGE 15 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 01-SITE WORK MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 014-Site Mechanical S S S S S S SANITARY SEWER(Continued) Pressure test pipe 526 LF 0.55 289 1.90 999 2.45 1,288 Excavate and dispose for piping 1,538 CY 15.00 23,070 15.00 23,070 Pipe bedding material,compacted 140 CY 34.00 4,760 11.00 1,540 45.00 6,300 Detectable warning tape 526 LF 0.52 274 0.33 174 0.85 448 Select standard backfill 1,705 CY 16.00 27,280 9.50 16,198 25.50 43,478 Manhole 4 EA 4250.00 17,000 1670.00 6,680 5920.00 23,680 Connect to manhole 10 EA 85.00 850 150.00 1,500 235.00 2,350 STORM DRAIN 3'0"x3'0"storm drain catch basin 1 EA 1750.00 1,750 1500.00 1,500 3250.00 3,250 Storm drain manhole 2 EA 4250.00 8,500 1670.00 3,340 5920.00 11,840 Connect to manhole and catch basin 5 EA 85.00 425 150.00 750 235.00 1,175 18"diameter CPEP pipe 312 LF 21.00 6,552 24.00 7,488 45.00 14,040 Excavate and dispose for piping 566 CY 15.00 8,490 15.00 8,490 Pipe bedding material,compacted 125 CY 34.00 4,250 11.00 1,375 45.00 5,625 Detectable warning tape 312 LF 0.52 162 0.50 156 1.02 318 SEWARD PUBLIC WORKS BUILDING PAGE 16 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 01-SITE WORK MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 014-Site Mechanical S S S S S S STORM DRAIN(Continued) Select standard backfill 555 CY 21.00 11,655 9.50 5,273 30.50 16,928 24"diameter CMP culvert 46 LF 50.00 2,300 27.20 1,251 77.20 3,551 24"diameter culvert end 2 EA 169.00 338 265.00 530 434.00 868 FUEL OIL 4,000 gallon,above grade,double wall fuel tank complete with valves,accessories,labels,etc. (OFCI) 1 EA 6500.00 6,500 6500.00 6,500 Concrete utility pad for fuel tank 160 SF 8.40 1,344 5.40 864 13.80 2,208 Fuel oil leak detection system 1 EA 8000.00 8,000 2000.00 2,000 10000.00 10,000 Fuel oil supply and return piping in double wall containment tube 50 LF 75.00 3,750 30.00 1,500 105.00 5,250 Excavate and dispose for fuel oil piping 17 CY 15.00 255 15.00 255 Pipe bedding material 3 CY 24.00 72 8.50 26 32.50 98 Site standard backfill 18 CY 16.00 288 9.50 171 25.50 459 Detectable warning tape 50 LF 0.52 26 0.33 17 0.85 43 SUBTOTAL: $146,829 $135,218 $282,047 213 SEWARD PUBLIC WORKS BUILDING PAGE 17 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 01-SITE WORK MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 014-Site Mechanical S $ $ S $ S Labor Premium Time 16.70% 22,581 22,581 SUBTOTAL: $146,829 $157,799 $304,628 Subcontractors Overhead and Profit on Material and Labor 30.00% 44,049 47,340 91,389 TOTAL ESTIMATED COST: $190,878 $205,139 $396,017 SEWARD PUBLIC WORKS BUILDING PAGE 18 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 01-SITE WORK MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 015-Site Electrical S S S S S S PRIMARY POWER TO BUILDING Primary conduit and conductor to new 500 amp service 275 LF 98.00 26,950 65.00 17,875 163.00 44,825 Trenching and backfill for electrical 275 LF 5.50 1,513 10.00 2,750 15.50 4,263 Warning tape 275 LF 0.52 143 0.33 91 0.85 234 Test and tag power 1 LOT 100.00 100 500.00 500 600.00 600 SITE LIGHTING(ALLOWANCE) 32'0"light pole,including base 4 EA 2990.00 11,960 1250.00 5,000 4240.00 16,960 LED pole mounted light fixture 4 EA 1183.00 4,732 270.00 1,080 1453.00 5,812 1"diameter rigid steel conduit 1,370 LF 5.25 7,193 10.70 14,659 15.95 21,852 #6 XHHW copper conductors 3,540 LF 1.09 3,859 1.26 4,460 2.35 8,319 #8 XHHW copper conductors 1,770 LF 0.82 1,451 1.05 1,859 1.87 3,310 Trenching and backfill,including bedding 1,370 LF 4.50 6,165 8.50 11,645 13.00 17,810 Warning tape 1,370 LF 0.28 384 0.22 301 0.50 685 Bull rail assembly 100 LF 120.00 12,000 65.00 6,500 185.00 18,500 Test and tag 1 LOT 100.00 100 500.00 500 600.00 600 214 SEWARD PUBLIC WORKS BUILDING PAGE 19 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 01-SITE WORK MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 015-Site Electrical S S S S S S DATAICOM M UNI CATIONS Data/communications/telephone cables 600 LF 1.20 720 0.80 480 2.00 1,200 4"diameter PVC conduit 300 LF 9.55 2,865 14.50 4,350 24.05 7,215 Trenching and backfill,including bedding 300 LF 4.50 1,350 8.50 2,550 13.00 3,900 Warning tape 300 LF 0.52 156 0.33 99 0.85 255 Test and tag 1 LOT 100.00 100 400.00 400 500.00 500 STANDBY GENERATOR 300 KW,diesel engine generator with disconnect switch and load bank in sound and weatherproof enclosure 1 EA OFCI 21500.00 21,500 21500.00 21,500 Reinforced concrete pad 250 SF 12.50 3,125 7.70 1,925 20.20 5,050 Conduit and conductors to building 50 LF 90.00 4,500 55.00 2,750 145.00 7,250 Grounding for generator 1 LOT 300.00 300 500.00 500 800.00 800 Trenching and backfill 50 LF 4.50 225 8.50 425 13.00 650 Warning tape 50 LF 0.52 26 0.33 17 0.85 43 Test and certify system 1 LOT 150.00 150 750.00 750 900.00 900 SUBTOTAL: $90,067 $102,966 $193,033 SEWARD PUBLIC WORKS BUILDING PAGE 20 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 01-SITE WORK MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 015-Site Electrical $ $ $ S $ $ Labor Premium Time 16.70% 17,195 17,195 SUBTOTAL: $90,067 $120,161 $210,228 Subcontractors Overhead and Profit on Material and Labor 30.00% 27,020 36,048 63,068 TOTAL ESTIMATED COST: $117,087 $156,209 $273,296 215 SEWARD PUBLIC WORKS BUILDING PAGE 21 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 02-SUBSTRUCTURE MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 021-Standard Foundations S S S S S S Excavate and backfill forfoundation footings and bases 450 CY 8.50 3,825 8.50 3,825 Concrete continuous footings 23 CY 200.00 4,600 120.00 2,760 320.00 7,360 Concrete bases 521 CY 200.00 104,200 120.00 62,520 320.00 166,720 Pilasters 24 CY 200.00 4,800 135.00 3,240 335.00 8,040 8"thick foundation walls 65 CY 200.00 13,000 130.00 8,450 330.00 21,450 Concrete waste 32 CY 200.00 6,400 115.00 3,680 315.00 10,080 Pump concrete 665 CY 70.00 46,550 70.00 46,550 Bar reinforcement concrete 54,200 LBS 1.15 62,330 0.80 43,360 1.95 105,690 Formwork to continuous footings 603 SF 4.40 2,653 5.00 3,015 9.40 5,668 Formwork to bases 4,418 SF 4.80 21,206 5.20 22,974 10.00 44,180 Formwork to pilaster 1,248 SF 6.70 8,362 5.80 7,238 12.50 15,600 Formwork to walls 5,264 SF 6.70 35,269 5.80 30,531 12.50 65,800 2"rigid insulation to perimeter foundations 2,632 SF 1.60 4,211 1.40 3,685 3.00 7,896 Membrane dampproofing,bituthene 3,507 SF 1.40 4,910 2.45 8,592 3.85 13,502 SUBTOTAL: $318,491 $203,870 $522,361 SEWARD PUBLIC WORKS BUILDING PAGE 22 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 02-SUBSTRUCTURE MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 021-Standard Foundations S $ $ S $ $ Labor Premium Time 16.70% 34,046 34,046 TOTAL ESTIMATED COST: $318,491 $237,916 $556,407 216 SEWARD PUBLIC WORKS BUILDING PAGE 23 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 02-SUBSTRUCTURE MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 022-Slab on Grade $ $ $ S $ S Geogrid 38,216 SF 1.50 57,324 0.08 3,057 1.58 60,381 4"D1 subbase,compacted(21,817 SF) 333 CY 24.00 7,992 8.50 2,831 32.50 10,823 2"rigid insulation 21,162 SF 1.10 23,278 0.55 11,639 1.65 34,917 Waterproofing membrane 21,804 SF 4.00 87,216 0.30 6,541 4.30 93,757 6"thick concrete slab on grade(7,452 SF) 138 CY 200.00 27,600 85.00 11,730 285.00 39,330 8"concrete slab on grade(14,365 SF) 352 CY 200.00 70,400 85.00 29,920 285.00 100,320 Concrete waste(5%) 25 CY 200.00 5,000 85.00 2,125 285.00 7,125 4,500 psi x 4"thick housekeeping pad 250 SF 5.50 1,375 4.00 1,000 9.50 2,375 Pump concrete 515 CY 70.00 36,050 70.00 36,050 Cure and finish slabs 21,804 SF 0.30 6,541 1.35 29,435 1.65 35,976 Bar reinforcement to slabs 39,200 LBS 1.10 43,120 0.70 27,440 1.80 70,560 MISCELLANEOUS Pex tubing at radiant heat areas 29,626 LF 1.60 47,402 2.55 75,546 4.15 122,948 Extra for slab work at trench drains 236 LF 8.00 1,888 8.00 1,888 1/2"x3"expansion and isolation joints 600 LF 1.30 780 1.50 900 2.80 1,680 SEWARD PUBLIC WORKS BUILDING PAGE 24 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 02-SUBSTRUCTURE MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 022-Slab on Grade S S S S S S MISCELLANEOUS(Continued) Epoxy urethane seal with saw cut control joints at slabs 2,860 LF 2.30 6,578 4.40 12,584 6.70 19,162 7/8"diameter 24"long base place anchor bolts embedded 20"deep in concrete at columns 204 EA 32.50 6,630 21.00 4,284 53.50 10,914 1 1/2"non-shrink grout at base plates(38) 114 SF 22.50 2,565 22.00 2,508 44.50 5,073 Concrete filled pipe bollard with concrete base painted above grade at overhead doors and corners 54 EA 575.00 31,050 395.00 21,330 970.00 52,380 10"x2"x8"deep prefabricated bar grate drain and cover with embed anchors 236 LF 52.50 12,390 17.00 4,012 69.50 16,402 SUBTOTAL: $473,291 $248,770 $722,061 Labor Premium Time 16.70% 41,545 41,545 TOTAL ESTIMATED COST: $473,291 $290,315 $763,606 217 SEWARD PUBLIC WORKS BUILDING PAGE 25 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 03-SUPERSTRUCTURE MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 031-Floor Construction S S S S S S Note: All columns with roof framing. SECOND FLOOR FRAMING Steel floor structure 40,350 LBS 2.95 119,033 1.35 54,473 4.30 173,506 Steel floor structure at working platform 1,500 LBS 2.95 4,425 1.55 2,325 4.50 6,750 1 1/2"deep Type B composite metal decking 2,690 SF 9.00 24,210 1.20 3,228 10.20 27,438 1 1/2"deep Type B composite metal decking at working platform 96 SF 9.00 864 1.20 115 10.20 979 4,000 psi,4"overall concrete slabs 29 CY 200.00 5,800 110.00 3,190 310.00 8,990 Concrete waste(5%) 2 CY 200.00 400 85.00 170 285.00 570 Cure and finish 2,786 SF 0.30 836 1.50 4,179 1.80 5,015 Pump concrete 31 CY 70.00 2,170 70.00 2,170 SUBTOTAL: $157,738 $67,680 $225,418 Labor Premium Time 16.70% 11,303 11,303 SUBTOTAL: $157,738 $78,983 $236,721 Subcontractors Overhead and Profit on Material and Labor 30.00% 47,321 23,695 71,016 TOTAL ESTIMATED COST: $205,059 $102,678 $307,737 SEWARD PUBLIC WORKS BUILDING PAGE 26 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 03-SUPERSTRUCTURE MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNIT RATE MATERIAL/LABOR 032-Roof Construction $ $ $ S $ $ 16"x16"x1"base plate 38 EA 165.00 6,270 65.00 2,470 230.00 8,740 Steel roof structure 329,970 LBS 2.95 973,412 1.35 445,460 4.30 1,418,872 1 1/2"Type B galvanized metal decking at roofs 21,998 SF 9.00 197,982 1.30 28,597 10.30 226,579 Insulated mechanical curb assembly 30 LF 32.50 975 15.00 450 47.50 1,425 Crane and operator with rigger(for all structures) 8 WKS 2400.00 19,200 1800.00 14,400 4200.00 33,600 SUBTOTAL: $1,197,839 $491,377 $1,689,216 Labor Premium Time 16.70% 82,060 82,060 SUBTOTAL: $1,197,839 $573,437 $1,771,276 Subcontractors Overhead and Profit on Material and Labor 30.00% 359,352 172,031 531,383 TOTAL ESTIMATED COST: $1,557,191 $745,468 $2,302,659 218 SEWARD PUBLIC WORKS BUILDING PAGE 27 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 03-SUPERSTRUCTURE MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 033-Stair Construction S S S S S S INTERIOR STAIRS(4) 4'0"wide concrete filled metal stair tread 19 EA 240.00 4,560 95.00 1,805 335.00 6,365 4'0"concrete filled stair landing 16 SF 64.00 1,024 25.00 400 89.00 1,424 1 1/2"diameter 42"high multi-pipe railings and posts 59 LF 139.00 8,201 30.00 1,770 169.00 9,971 Removeable rail at mezzanine and working platform 39 LF 159.00 6,201 36.00 1,404 195.00 7,605 1 1/2"diameter pipe handrailing 67 LF 32.00 2,144 12.00 804 44.00 2,948 Roof access ladder(2) 35 VLF 145.00 5,075 48.00 1,680 193.00 6,755 Ladder at vehicle bay 13 VLF 145.00 1,885 48.00 624 193.00 2,509 SUBTOTAL: $29,090 $8,487 $37,577 Labor Premium Time 16.70% 1,417 1,417 SUBTOTAL: $29,090 $9,904 $38,994 Subcontractors Overhead and Profit on Material and Labor 30.00% 8,727 2,971 11,698 TOTAL ESTIMATED COST: $37,817 $12,875 $50,692 SEWARD PUBLIC WORKS BUILDING PAGE 28 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 04-EXTERIOR CLOSURE MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 041-Exterior Walls $ $ $ S $ $ 8"Z girts,36"o/c fixed to rigid frame 4,641 LF 6.50 30,167 3.10 14,387 9.60 44,554 4"foam core prefinished metal siding panels and trims 14,150 SF 19.50 275,925 5.20 73,580 24.70 349,505 MP-1: ART panels 3,990 SF 20.00 79,800 7.50 29,925 27.50 109,725 MP-2: Corrugated metal panels 1,124 SF 8.50 9,554 5.50 6,182 14.00 15,736 Corner and door trims 500 LF 6.50 3,250 3.50 1,750 10.00 5,000 6"xl"base(lashings 679 LF 6.65 4,515 3.70 2,512 10.35 7,027 7/8 hat channel 5,115 SF 0.75 3,836 0.70 3,581 1.45 7,417 Caulking and sealants at joints,doors,etc. 3,200 LF 0.70 2,240 1.50 4,800 2.20 7,040 Extra for exhaust louvers,hoods,etc. 100 SF 33.00 3,300 18.00 1,800 51.00 5,100 INTERIOR FURRED WALLS AT OFFICES,ETC. 5/8"Type X gypboard,one side With Element 061 MISCELLANEOUS Overhead door number 12 EA 65.00 780 32.00 384 97.00 1,164 Facility sign allowance 1 LOT 2500.00 2,500 750.00 750 3250.00 3,250 SUBTOTAL: $415,867 $139,651 $555,518 219 SEWARD PUBLIC WORKS BUILDING PAGE 29 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 04-EXTERIOR CLOSURE MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 041-Exterior Walls S $ $ S $ $ Labor Premium Time 16.70% 23,322 23,322 TOTAL ESTIMATED COST: $415,867 $162,973 $578,840 SEWARD PUBLIC WORKS BUILDING PAGE 30 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 04-EXTERIOR CLOSURE MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 042-Exterior Doors and Windows S S S S S S EXTERIOR DOORS Frames 4'0"x7'0"insulated metal frame 6 EA 435.00 2,610 95.00 570 530.00 3,180 3'0"x7'0"insulated metal frame 2 EA 405.00 810 85.00 170 490.00 980 Doors 4'0"x7'0"insulated metal flush door 6 EA 750.00 4,500 120.00 720 870.00 5,220 3'0"x7'0"insulated metal flush door 2 EA 690.00 1,380 110.00 220 800.00 1,600 3'4"x7'0"storefront aluminum sliding door assembly 1 EA 8750.00 8,750 600.00 600 9350.00 9,350 3'0"x7'0"storefront aluminum door assembly 1 EA 3500.00 3,500 1450.00 1,450 4950.00 4,950 24'0"x18'0"sectional insulated overhead door 1 EA 17500.00 17,500 3600.00 3,600 21100.00 21,100 18'0"xl60"insulated sectional overhead door with vision windows,electrically operated 5 EA 12450.00 62,250 2900.00 14,500 15350.00 76,750 14'0"x14'0"insulated sectional overhead door with vision windows,electrically operated 2 EA 9250.00 18,500 2400.00 4,800 11650.00 23,300 12'0"xl60"insulated sectional overhead door with vision windows,electrically operated 2 EA 9100.00 18,200 2350.00 4,700 11450.00 22,900 220 SEWARD PUBLIC WORKS BUILDING PAGE 31 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 04-EXTERIOR CLOSURE MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 042-Exterior Doors and Windows S S S S S S EXTERIOR DOORS(Continued) Doors(Continued) 12'0"x12'0"insulated sectional overhead door with vision windows,electrically operated 2 EA 7500.00 15,000 2150.00 4,300 9650.00 19,300 10'0"x10'0"insulated sectional overhead door with vision windows,electrically operated 1 EA 7100.00 7,100 1975.00 1,975 9075.00 9,075 Hardware Hardware group for single door 8 EA 1240.00 9,920 325.00 2,600 1565.00 12,520 Add for ADA operator 1 EA 4200.00 4,200 1200.00 1,200 5400.00 5,400 Panic hardware(allowance) 8 EA 1965.00 15,720 205.00 1,640 2170.00 17,360 Card reader 11 EA 360.00 3,960 340.00 3,740 700.00 7,700 Painting Paint hollow metal doors and frames 420 SF 0.30 126 1.80 756 2.10 882 Miscellaneous Door flashings 981 LF 2.50 2,453 1.80 1,766 4.30 4,219 Caulking and sealants,two sides 1,962 LF 0.70 1,373 1.70 3,335 2.40 4,708 SEWARD PUBLIC WORKS BUILDING PAGE 32 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 04-EXTERIOR CLOSURE MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 042-Exterior Doors and Windows S S S S S S WINDOWS Tempered double pane,Low-E aluminum windows(13) 1,257 SF 65.00 81,705 13.50 16,970 78.50 98,675 Flashing at exterior 702 LF 2.50 1,755 1.80 1,264 4.30 3,019 Trims at exterior 702 LF 2.75 1,931 2.00 1,404 4.75 3,335 1"x solid surface sills 99 LF 10.50 1,040 4.50 446 15.00 1,486 Caulking and sealants,two sides 1,404 LF 0.70 983 1.70 2,387 2.40 3,370 SUBTOTAL: $285,266 $75,113 $360,379 Labor Premium Time 16.70% 12,544 12,544 SUBTOTAL: $285,266 $87,657 $372,923 Subcontractors Overhead and Profit on Material and Labor 30.00% 85,580 26,297 111,877 TOTAL ESTIMATED COST: $370,846 $113,954 $484,800 221 SEWARD PUBLIC WORKS BUILDING PAGE 33 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 OS-ROOF SYSTEMS MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 051-Roofing $ $ $ S $ S TPO membrane roofing 20,945 SF 2.20 46,079 1.40 29,323 3.60 75,402 5/8"DensDeck cover board at all roofs 20,945 SF 1.60 33,512 1.10 23,040 2.70 56,552 Tapered insulation board 20,945 SF 3.35 70,166 1.30 27,229 4.65 97,395 (2)layers 4"rigid insulation board 20,945 SF 5.40 113,103 2.50 52,363 7.90 165,466 DensDeck thermal barrier board 20,945 SF 1.60 33,512 0.85 17,803 2.45 51,315 2-ply vapor barrier 20,945 SF 0.60 12,567 0.55 11,520 1.15 24,087 Roof to wall flashing 90 LF 3.70 333 3.20 288 6.90 621 VTR flashing(allowance) 3 EA 42.50 128 38.00 114 80.50 242 Roof drain flashing 12 EA 95.00 1,140 75.00 900 170.00 2,040 Rubber walkway pads 1,105 SF 4.25 4,696 3.00 3,315 7.25 8,011 Mechanical and louver curb and flashing (allowance) 150 LF 22.75 3,413 15.50 2,325 38.25 5,738 PARAPET TPO membrane roofing up parapet 1,650 SF 2.20 3,630 1.50 2,475 3.70 6,105 Cover board up parapet 1,470 SF 1.60 2,352 1.20 1,764 2.80 4,116 Parapet cap flashing 735 LF 13.60 9,996 5.30 3,896 18.90 13,892 SEWARD PUBLIC WORKS BUILDING PAGE 34 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 OS-ROOF SYSTEMS MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 051-Roofing S S S S S S PARAPET(Continued) Sloped pressure treated shim at parapets 735 LF 0.90 662 0.80 588 1.70 1,250 Pressure treated blocking 735 LF 1.30 956 1.20 882 2.50 1,838 MISCELLANEOUS 30"x54"insulated aluminum roof hatch 2 EA 3470.00 6,940 560.00 1,120 4030.00 8,060 Temporary fall protection railings 700 LF 3.50 2,450 2.70 1,890 6.20 4,340 SUBTOTAL: $345,635 $180,835 $526,470 Labor Premium Time 16.70% 30,199 30,199 SUBTOTAL: $345,635 $211,034 $556,669 Subcontractors Overhead and Profit on Material and Labor 30.00% 103,691 63,310 167,001 TOTAL ESTIMATED COST: $449,326 $274,344 $723,670 222 SEWARD PUBLIC WORKS BUILDING PAGE 35 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 06-INTERIOR CONSTRUCTION MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIALiLABOR 061-Partitions and Doors S S S S S S PARTITIONS 3 5/8"metal stud partitions,16"o/c 8,591 SF 1.30 11,168 1.40 12,027 2.70 23,195 6"metal stud partitions,16"o/c 5,035 SF 1.70 8,560 1.65 8,308 3.35 16,868 5/8"Type X gypsum wall board 22,380 SF 0.70 15,666 1.50 33,570 2.20 49,236 (2)layers 5/8"gypsum wall board to rated walls (allowance) 5,584 SF 1.40 7,818 2.80 15,635 4.20 23,453 Extra for moisture resistant gypsum wall board 2,394 SF 0.30 718 0.30 718 3 1/2"batt insulation 6,000 SF 0.60 3,600 0.50 3,000 1.10 6,600 6"batt insulation 8,400 SF 0.70 5,880 0.60 5,040 1.30 10,920 FRAMES 3'0"x7'0"hollow metal frame 18 EA 375.00 6,750 100.00 1,800 475.00 8,550 3'1'x7'0"hollow metal frame 2 EA 375.00 750 100.00 200 475.00 950 4'0"x7'0"hollow metal frame 3 EA 500.00 1,500 120.00 360 620.00 1,860 6'0"x7'0"hollow metal frame 2 EA 625.00 1,250 130.00 260 755.00 1,510 Add for galvanized hollow metal sidelights and transoms with safety glazing(2) 36 SF 80.00 2,880 20.00 720 100.00 3,600 48"x48"sliding reception window 1 EA 925.00 925 85.00 85 1010.00 1,010 SEWARD PUBLIC WORKS BUILDING PAGE 36 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 06-INTERIOR CONSTRUCTION MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 061-Partitions and Doors S S S S S S INTERIOR DOORS 3'0"x7'0"flush wood door 9 EA 575.00 5,175 85.00 765 660.00 5,940 3'0"x7'0" flush hollow metal door 3 EA 975.00 2,925 85.00 255 1060.00 3,180 4'0"x7'0" flush hollow metal door 3 EA 1250.00 3,750 95.00 285 1345.00 4,035 3'0"x7'0"wood door with half lite 6 EA 980.00 5,880 180.00 1,080 1160.00 6,960 3'1'x7'0"wood door with full lite 2 EA 980.00 1,960 180.00 360 1160.00 2,320 30"x7'0"flush hollow metal double door 2 PRS 1950.00 3,900 160.00 320 2110.00 4,220 34"x7'0"storefront aluminum sliding door assembly 1 EA 8540.00 8,540 600.00 600 9140.00 9,140 8'0"x7'11"steel coiling door 2 EA 3700.00 7,400 1500.00 3,000 5200.00 10,400 HARDWARE Single door hardware set 23 EA 650.00 14,950 350.00 8,050 1000.00 23,000 Double door hardware set 2 EA 1200.00 2,400 650.00 1,300 1850.00 3,700 Extra for single door panic bar hardware 1 EA 1350.00 1,350 750.00 750 2100.00 2,100 Extra for double door panic bar hardware 1 EA 2600.00 2,600 1250.00 1,250 3850.00 3,850 Extra for ADA opener 1 EA 4800.00 4,800 750.00 750 5550.00 5,550 223 SEWARD PUBLIC WORKS BUILDING PAGE 37 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 06-INTERIOR CONSTRUCTION MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIALiLABOR 061-Partitions and Doors S S S S S S HARDWARE(Continued) Extra for fire rated door assembly 6 EA 250.00 1,500 250.00 1,500 SPECIAL DOORS 12"x12"wall access panel(assumed) 4 EA 82.00 328 45.00 180 127.00 508 SUBTOTAL: $134,923 $99,950 $234,873 Labor Premium Time 16.70% 16,692 16,692 TOTAL ESTIMATED COST: $134,923 $116,642 $251,565 SEWARD PUBLIC WORKS BUILDING PAGE 38 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 06-INTERIOR CONSTRUCTION MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 062-Interior Finishes S S S S S S FLOORS Luxury vinyl plank 4,084 SF 3.20 13,069 2.40 9,802 5.60 22,871 Walk-off mats at main entry 60 SF 4.00 240 1.20 72 5.20 312 Carpet tiles 2,120 SF 4.60 9,752 1.20 2,544 5.80 12,296 Sealed concrete 17,242 SF 0.40 6,897 0.85 14,656 1.25 21,553 4"rubber base 1,300 LF 1.30 1,690 1.50 1,950 2.80 3,640 WALLS Paint new gypboard walls including warm side of exterior walls 15,850 SF 0.30 4,755 1.50 23,775 1.80 28,530 FRP paneling 3,550 SF 3.20 11,360 2.90 10,295 6.10 21,655 CEILINGS Acoustical ceiling tile assembly with seismic bracings 3,150 SF 3.40 10,710 2.70 8,505 6.10 19,215 Gypboard to ceiling,including suspension system 4,050 SF 2.50 10,125 3.70 14,985 6.20 25,110 Paint open structure 16,305 SF 0.40 6,522 2.10 34,241 2.50 40,763 224 SEWARD PUBLIC WORKS BUILDING PAGE 39 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 06-INTERIOR CONSTRUCTION MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 062-Interior Finishes S S S S S S MISCELLANEOUS Finish doors and frames 462 SF 0.30 139 1.80 832 2.10 971 SUBTOTAL: $75,259 $121,657 $196,916 Labor Premium Time 16.70% 20,317 20,317 SUBTOTAL: $75,259 $141,974 $217,233 Subcontractors Overhead and Profit on Material and Labor 30.00% 22,578 42,592 65,170 TOTAL ESTIMATED COST: $97,837 $184,566 $282,403 SEWARD PUBLIC WORKS BUILDING PAGE 40 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 06-INTERIOR CONSTRUCTION MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIALiLABOR 063-Specialties S S S S S S ACCESSORIES HDPE toilet partition 1 EA 790.00 790 180.00 180 970.00 970 HDPE ADA toilet partition 2 EA 910.00 1,820 210.00 420 1120.00 2,240 HDPE urinal partition 1 EA 330.00 330 120.00 120 450.00 450 24"x36"vanity mirror 4 EA 180.00 720 60.00 240 240.00 960 Toilet paper dispenser 5 EA 39.00 195 28.00 140 67.00 335 Toilet seat cover dispenser 5 EA 69.00 345 30.00 150 99.00 495 Sanitary napkin dispenser(assumed) 1 EA 229.00 229 80.00 80 309.00 309 Sanitary napkin disposal 3 EA 29.00 87 25.00 75 54.00 162 Paper towel dispenser 4 EA 180.00 720 60.00 240 240.00 960 Waste receptacle 4 EA 80.00 320 35.00 140 115.00 460 Wall mounted baby changing station 2 EA 310.00 620 90.00 180 400.00 800 Mop hook strip 1 EA 75.00 75 35.00 35 110.00 110 Soap dispenser 4 EA 47.00 188 28.00 112 75.00 300 36"grab bar 4 EA 50.00 200 37.00 148 87.00 348 24"grab bar 4 EA 40.00 160 35.00 140 75.00 300 225 SEWARD PUBLIC WORKS BUILDING PAGE 41 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 06-INTERIOR CONSTRUCTION MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIALiLABOR 063-Specialties S S S S S S ACCESSORIES(Continued) 18"grab bar 4 EA 30.00 120 30.00 120 60.00 240 60"shower curtains and rod 1 EA 178.00 178 45.00 45 223.00 223 ADA folding shower seat 1 EA 489.00 489 125.00 125 614.00 614 3'k3'W&'high PVC corner guard 5 EA 49.00 245 35.00 175 84.00 420 Fire extinguisher with cabinet 3 EA 142.00 426 70.00 210 212.00 636 Bracket mounted fire extinguisher 8 EA 62.00 496 12.00 96 74.00 592 CASEWORK 12"deep 72"high shelving 30 LF 23.00 690 14.00 420 37.00 1,110 8'0"x3'0"x8'0"metal storage shelving(16) 128 LF 255.00 32,640 16.00 2,048 271.00 34,688 24"deep full height cabinets 5 LF 330.00 1,650 70.00 350 400.00 2,000 24"deep base cabinet with shelves and doors 70 LF 185.00 12,950 35.00 2,450 220.00 15,400 14"deep wall cabinets 38 LF 165.00 6,270 30.00 1,140 195.00 7,410 18"deep vanity cabinets 15 LF 145.00 2,175 30.00 450 175.00 2,625 24"deep solid surface countertop with back splash 70 LF 180.00 12,600 35.00 2,450 215.00 15,050 SEWARD PUBLIC WORKS BUILDING PAGE 42 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 06-INTERIOR CONSTRUCTION MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIALiLABOR 063-Specialties S S S S S S CASEWORK(Continued) Miscellaneous casework allowance 1 LOT 25000.00 25,000 5000.00 5,000 30000.00 30,000 MISCELLANEOUS Door sign 20 EA 47.00 940 18.00 360 65.00 1,300 Miscellaneous marker and tack boards 1 LOT 1000.00 1,000 350.00 350 1350.00 1,350 Miscellaneous specialties allowance 1 LOT 5000.00 5,000 2500.00 2,500 7500.00 7,500 SUBTOTAL: $109,668 $20,689 $130,357 Labor Premium Time 16.70% 3,455 3,455 TOTAL ESTIMATED COST: $109,668 $24,144 $133,812 226 SEWARD PUBLIC WORKS BUILDING PAGE 43 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 OS-MECHANICAL MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 082-Plumbing S S S S S S FIXTURES P-1: Wall mounted water closet with flush valve, ADA 4 EA 710.00 2,840 225.00 900 935.00 3,740 P-2: Wall mounted water closet with flush valve 1 EA 710.00 710 225.00 225 935.00 935 Wall hung lavatory with faucet 1 EA 510.00 510 190.00 190 700.00 700 P-3: Counter mounted lavatory with faucet 3 EA 420.00 1,260 190.00 570 610.00 1,830 P-4: Wall mounted urinal with flush valve 1 EA 750.00 750 210.00 210 960.00 960 P-5: Stainless steel single compartment sink with faucet at break room 1 EA 425.00 425 210.00 210 635.00 635 P-6: Showerstall 1 EA 1085.00 1,085 430.00 430 1515.00 1,515 Janitor sink with faucet 1 EA 650.00 650 235.00 235 885.00 885 Refrigerator box(assumed) 1 EA 50.00 50 65.00 65 115.00 115 Coffee machine box(assumed) 1 EA 50.00 50 65.00 65 115.00 115 Dishwasher rough-in(assumed) 1 EA 50.00 50 65.00 65 115.00 115 Interior hot/cold water hose bibb 8 EA 165.00 1,320 110.00 880 275.00 2,200 Exterior hose bibb 4 EA 150.00 600 110.00 440 260.00 1,040 Water reel 5 EA 150.00 750 75.00 375 225.00 1,125 SEWARD PUBLIC WORKS BUILDING PAGE 44 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 OS-MECHANICAL MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIALiLABOR 082-Plumbing S S S S S S FIXTURES(Continued) FD-1: 2"diameter floor drain 5 EA 112.00 560 125.00 625 237.00 1,185 TD-1: Trench drain 239 LF 130.00 31,070 12.50 2,988 142.50 34,058 Pressure washer connection 1 EA 62.00 62 75.00 75 137.00 137 Decontamination shower with eye wash 2 EA 2250.00 4,500 390.00 780 2640.00 5,280 EQUIPMENT EWH-1: 45 gallon,electric hot water heater 1 EA 1250.00 1,250 550.00 550 1800.00 1,800 1 1/4"tempering valve 1 EA 1975.00 1,975 220.00 220 2195.00 2,195 16.5 gallon expansion tank 1 EA 250.00 250 140.00 140 390.00 390 45 gallon capacity oil/water separator 1 EA 8100.00 8,100 1400.00 1,400 9500.00 9,500 4"diameter water meter 1 EA 1850.00 1,850 550.00 550 2400.00 2,400 BELOW GROUND OIL/VVATER WASTE PIPE 4"diameter cast iron pipe 250 LF 32.60 8,150 23.00 5,750 55.60 13,900 2"diameter cast iron pipe 10 LF 17.80 178 20.00 200 37.80 378 4"diameter cast iron pipe fitting 32 EA 55.00 1,760 96.00 3,072 151.00 4,832 2"diameter cast iron pipe fitting 2 EA 26.00 52 78.00 156 104.00 208 227 SEWARD PUBLIC WORKS BUILDING PAGE 45 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 OS-MECHANICAL MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 082-Plumbing S S S S S S BELOW GROUND OIL/VVATER WASTE PIPE(Continued) Trenching and backfill 260 LF 3.20 832 5.25 1,365 8.45 2,197 Oil/water sump 3 EA With Slab BELOW GROUND WASTE PIPE 4"diameter cast iron pipe 123 LF 32.60 4,010 23.00 2,829 55.60 6,839 3"diameter cast iron pipe 86 LF 25.00 2,150 20.85 1,793 45.85 3,943 2"diameter cast iron pipe 34 LF 17.80 605 20.00 680 37.80 1,285 4"diameter cast iron pipe fitting 16 EA 55.00 880 96.00 1,536 151.00 2,416 3"diameter cast iron pipe fitting 11 EA 37.00 407 90.00 990 127.00 1,397 2"diameter cast iron pipe fitting 5 EA 26.00 130 78.00 390 104.00 520 Trenching and backfill 243 LF 3.20 778 5.25 1,276 8.45 2,054 ABOVE GROUND WASTE PIPE 4"diameter cast iron pipe 20 LF 32.60 652 23.00 460 55.60 1,112 3"diameter cast iron pipe 110 LF 25.00 2,750 20.85 2,294 45.85 5,044 2"diameter cast iron pipe 100 LF 17.80 1,780 20.00 2,000 37.80 3,780 1 1/2"diameter cast iron pipe 40 LF 15.00 600 15.50 620 30.50 1,220 SEWARD PUBLIC WORKS BUILDING PAGE 46 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 OS-MECHANICAL MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIALiLABOR 082-Plumbing S S S S S S ABOVE GROUND WASTE PIPE(Continued) 4"diameter cast iron pipe fitting 3 EA 55.00 165 96.00 288 151.00 453 3"diameter cast iron pipe fitting 13 EA 37.00 481 90.00 1,170 127.00 1,651 2"diameter cast iron pipe fitting 13 EA 26.00 338 78.00 1,014 104.00 1,352 1 1/2"diameter cast iron pipe fitting 6 EA 14.00 84 55.00 330 69.00 414 WATER PIPE 6"diameter ductile iron pipe 10 LF 115.00 1,150 80.00 800 195.00 1,950 4"diameter copper pipe 320 LF 105.65 33,808 31.50 10,080 137.15 43,888 2"diameter copper pipe 15 LF 24.30 365 15.60 234 39.90 599 1 1/2"diameter copper pipe 170 LF 15.10 2,567 12.50 2,125 27.60 4,692 1"diameter copper pipe 60 LF 8.70 522 9.45 567 18.15 1,089 3/4"diameter copper pipe 140 LF 6.10 854 8.45 1,183 14.55 2,037 1/2"diameter copper pipe 150 LF 4.92 738 7.72 1,158 12.64 1,896 6"diameter ductile iron pipe fitting 2 EA 165.00 330 175.00 350 340.00 680 4"diameter copper pipe fitting 40 EA 240.00 9,600 125.00 5,000 365.00 14,600 2"diameter copper pipe fitting 2 EA 41.00 82 57.00 114 98.00 196 228 SEWARD PUBLIC WORKS BUILDING PAGE 47 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 OS-MECHANICAL MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 082-Plumbing S S S S S S WATER PIPE(Continued) 1 1/2"to 1"diameter copper pipe fitting 30 EA 22.05 662 48.00 1,440 70.05 2,102 3/4"to 1/2"diameter copper pipe fitting 40 EA 3.75 150 33.00 1,320 36.75 1,470 Water service valves 1 LOT 2000.00 2,000 950.00 950 2950.00 2,950 HOT AND COLD WATER SERVICE 2"insulation to 6"diameter pipe 10 LF 14.00 140 8.15 82 22.15 222 1"insulation to 4"diameter copper pipe 320 LF 5.65 1,808 7.25 2,320 12.90 4,128 1"insulation to 2"diameter copper pipe 15 LF 4.06 61 6.40 96 10.46 157 1"insulation to 1 1/2"diameter copper pipe 170 LF 3.56 605 6.16 1,047 9.72 1,652 1"insulation to 1"diameter copper pipe 60 LF 3.03 182 5.93 356 8.96 538 1"insulation to 3/4"diameter copper pipe 140 LF 2.83 396 5.77 808 8.60 1,204 1"insulation to 1/2"diameter copper pipe 150 LF 2.83 425 5.77 866 8.60 1,291 ROOF DRAINS RD-1: 3"diameter roof drain 6 EA 475.00 2,850 210.00 1,260 685.00 4,110 OD-1: 3"diameter overflow roof drain 6 EA 475.00 2,850 210.00 1,260 685.00 4,110 6"diameter cast iron rain leader pipe 340 LF 45.00 15,300 28.00 9,520 73.00 24,820 SEWARD PUBLIC WORKS BUILDING PAGE 48 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 OS-MECHANICAL MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIALiLABOR 082-Plumbing S S S S S S ROOF DRAINS(Continued) 4"diameter cast iron rain leader pipe 114 LF 26.00 2,964 21.70 2,474 47.70 5,438 3"diameter cast iron rain leader pipe 535 LF 24.00 12,840 19.70 10,540 43.70 23,380 6"diameter cast iron fitting 43 EA 90.00 3,870 110.00 4,730 200.00 8,600 4"diameter cast iron fitting 15 EA 55.00 825 90.00 1,350 145.00 2,175 3"diameter cast iron fitting 67 EA 40.00 2,680 80.00 5,360 120.00 8,040 Cleanout 2 EA 65.00 130 75.00 150 140.00 280 Wall cleanout 1 EA 135.00 135 85.00 85 220.00 220 4"diameter wall nozzle with non-corrasion mesh screen 3 EA 275.00 825 125.00 375 400.00 1,200 2"insulation to 6"diameter rain leader pipe 340 LF 8.50 2,890 16.00 5,440 24.50 8,330 2"insulation to 4"diameter rain leader pipe 114 LF 5.65 644 11.90 1,357 17.55 2,001 2"insulation to 3"diameter rain leader pipe 535 LF 4.90 2,622 9.20 4,922 14.10 7,544 Heat trace 120 LF With Electrical SUBTOTAL: $195,319 $120,120 $315,439 229 SEWARD PUBLIC WORKS BUILDING PAGE 49 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 OS-MECHANICAL MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 082-Plumbing S $ $ S $ S Labor Premium Time 16.70% 20,060 20,060 SUBTOTAL: $195,319 $140,180 $335,499 Subcontractors Overhead and Profit on Material and Labor 30.00% 58,596 42,054 100,650 TOTAL ESTIMATED COST: $253,915 $182,234 $436,149 SEWARD PUBLIC WORKS BUILDING PAGE 50 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 OS-MECHANICAL MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 083-HVAC S S S S S S HEATING EQUIPMENT B-1 and 2: 902 MBH,oil fired boiler 2 EA 12500.00 25,000 7200.00 14,400 19700.00 39,400 CP-1 and 2: 100 GPM,60'0"head,5 HP, 208 volt,3 phase pump 2 EA 11360.00 22,720 975.00 1,950 12335.00 24,670 CP-3 and 4: 60 GPM,50'0"head,2 HP, 208 volt,3 phase pump 2 EA 9120.00 18,240 925.00 1,850 10045.00 20,090 GT-1: 6 gallon glycol tank 1 EA 1250.00 1,250 135.00 135 1385.00 1,385 ET-2: 20 gallon expansion tank 1 EA 625.00 625 210.00 210 835.00 835 AS-1: 4"diameter air separator 1 EA 6400.00 6,400 500.00 500 6900.00 6,900 UH-1: 192.3 MBH,16 GPM,5,460 CFM,1/2 HP unit heater 4 EA 3000.00 12,000 750.00 3,000 3750.00 15,000 UH-2: 45.6 MBH,4.7 GPM,1,120 CFM,1/12 HP unit heater 1 EA 900.00 900 410.00 410 1310.00 1,310 UH-3: 60.2 MBH,6.3 GPM,1,340 CFM,1/8 HP unit heater 1 EA 1000.00 1,000 450.00 450 1450.00 1,450 UH-4: 12.6 MBH,1 GPM,1,550 CFM,1/60 HP unit heater 1 EA 650.00 650 275.00 275 925.00 925 6"diameter flue pipe 25 LF 60.00 1,500 20.00 500 80.00 2,000 8"diameter flue pipe 50 LF 75.00 3,750 50.00 2,500 125.00 6,250 230 SEWARD PUBLIC WORKS BUILDING PAGE 51 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 OS-MECHANICAL MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 083-HVAC S S S S S S HEATING EQUIPMENT(Continued) Flue cap 3 EA 150.00 450 75.00 225 225.00 675 Zone valve and manifold 18 EA 850.00 15,300 650.00 11,700 1500.00 27,000 HYDRONIC PIPE 3"diameter copper pipe 230 LF 48.10 11,063 23.10 5,313 71.20 16,376 2"diameter copper pipe 243 LF 24.30 5,905 15.60 3,791 39.90 9,696 1 1/2"diameter copper pipe 441 LF 15.10 6,659 12.50 5,513 27.60 12,172 1 1/4"diameter copper pipe 108 LF 11.85 1,280 11.15 1,204 23.00 2,484 1"diameter copper pipe 140 LF 8.70 1,218 9.45 1,323 18.15 2,541 3/4"diameter copper pipe 118 LF 6.10 720 8.45 997 14.55 1,717 3"diameter copper pipe fitting 30 EA 109.00 3,270 114.00 3,420 223.00 6,690 2"diameter copper pipe fitting 32 EA 41.00 1,312 57.00 1,824 98.00 3,136 11/2"to1"diameter copper pipe fitting 88 EA 22.05 1,940 48.00 4,224 70.05 6,164 3/4"to 1/2"diameter copper pipe fitting 15 EA 3.75 56 33.00 495 36.75 551 Hydronic service valves 1 LOT 3000.00 3,000 1500.00 1,500 4500.00 4,500 2"insulation to 3"diameter pipe 230 LF 12.19 2,804 7.80 1,794 19.99 4,598 SEWARD PUBLIC WORKS BUILDING PAGE 52 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 OS-MECHANICAL MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIALiLABOR 083-HVAC S S S S S S HYDRONIC PIPE(Continued) 2"insulation to 2"diameter pipe 243 LF 10.96 2,663 6.94 1,686 17.90 4,349 2"insulation to 1 1/2"diameter pipe 441 LF 9.37 4,132 6.55 2,889 15.92 7,021 1 1/2"insulation to 1 1/4"diameter pipe 108 LF 6.39 690 6.24 674 12.63 1,364 1 1/2"insulation to 1"diameter pipe 140 LF 5.59 783 5.93 830 11.52 1,613 1 1/2"insulation to 3/4"diameter pipe 118 LF 5.56 656 5.69 671 11.25 1,327 VENTILATION EQUIPMENT EF-1: 4,650 CFM,2 HP,208/60 volt,3 phase, sidewall exhaust fan 2 EA 2400.00 4,800 500.00 1,000 2900.00 5,800 EF-2: 800 CFM, 1/2 HP,115/60 volt,single phase,sidewall exhaust fan 1 EA 1000.00 1,000 250.00 250 1250.00 1,250 EF-3: 640 CFM,1/4 HP,115/60 volt,single phase,sidewall exhaust fan 1 EA 800.00 800 225.00 225 1025.00 1,025 EF-4: 1,700 CFM,2 HP,208/60 volt,3 phase, centrifugal exhaust fan With Vehicle Exhaust System EF-5: 1,200 CFM, 2 HP,480/60 volt,3 phase, centrifugal exhaust fan 1 EA 3400.00 3,400 650.00 650 4050.00 4,050 EF-6: 200 CFM,1/10 HP,120/60 volt,single phase,in-line exhaust fan 1 EA 300.00 300 175.00 175 475.00 475 231 SEWARD PUBLIC WORKS BUILDING PAGE 53 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 OS-MECHANICAL MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 083-HVAC S S S S S S VENTILATION EQUIPMENT(Continued) HRV-1: 475 CFM,120 volt,single phase heat recovery ventilator 1 EA 5500.00 5,500 600.00 600 6100.00 6,100 In lettoutlet A 12 EA 118.00 1,416 75.00 900 193.00 2,316 Inlettoutlet B 6 EA 75.00 450 45.00 270 120.00 720 VENTILATION SUPPLY Sheetmetal ductwork and hangers 1,408 LBS 3.70 5,210 5.20 7,322 8.90 12,532 SUBTOTAL: $180,812 $87,645 $268,457 Labor Premium Time 16.70% 14,637 14,637 SUBTOTAL: $180,812 $102,282 $283,094 Subcontractors Overhead and Profit on Material and Labor 30.00% 54,244 30,685 84,929 TOTAL ESTIMATED COST: $235,056 $132,967 $368,023 SEWARD PUBLIC WORKS BUILDING PAGE 54 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 OS-MECHANICAL MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIALiLABOR 084-Fire Protection S S S S S S Note: Equipment size assumed. 4"diameter backflow preventor 1 EA 3750.00 3,750 420.00 420 4170.00 4,170 Wet sprinkler valve riser 2 EA 4200.00 8,400 1250.00 2,500 5450.00 10,900 Wet pipe sprinkler system 24,494 SF 1.75 42,865 2.10 51,437 3.85 94,302 Twin-head fire department connection 1 EA 990.00 990 280.00 280 1270.00 1,270 Design fee 1 LOT 7500.00 7,500 7500.00 7,500 Test and certify system 1 LOT 100.00 100 1000.00 1,000 1100.00 1,100 SUBTOTAL: $63,605 $55,637 $119,242 Labor Premium Time 16.70% 9,291 9,291 SUBTOTAL: $63,605 $64,928 $128,533 Subcontractors Overhead and Profit on Material and Labor 30.00% 19,082 19,478 38,560 TOTAL ESTIMATED COST: $82,687 $84,406 $167,093 232 SEWARD PUBLIC WORKS BUILDING PAGE 55 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 OS-MECHANICAL MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIALiLABOR 085-Special Mechanical Systems S S S S S S Note: Equipment size assumed. COMPRESSED AIR 60 gallon,7.5 HP shop air compressor 1 EA 8700.00 8,700 450.00 450 9150.00 9,150 Ceiling mounted hose reels with 20'0"length, 1/2"diameter hose 33 EA 350.00 11,550 110.00 3,630 460.00 15,180 3/8"quick disconnect air hose coupling 33 EA 62.00 2,046 71.30 2,353 133.30 4,399 3/4"drip leg drain valve with hose end cap 33 EA 65.00 2,145 45.00 1,485 110.00 3,630 2"diameter gate valve,bronze body 2 EA 199.00 398 57.00 114 256.00 512 3/4"diameter gate valve,bronze body 33 EA 67.00 2,211 32.00 1,056 99.00 3,267 3/4"diameter drain valve 33 EA 32.00 1,056 26.00 858 58.00 1,914 Pressure regulator with filter,gauge,and drain 33 EA 110.00 3,630 65.00 2,145 175.00 5,775 Pressure gauge 2 EA 62.00 124 65.00 130 127.00 254 Filter and condensate drain 2 EA 65.00 130 75.00 150 140.00 280 1/2"x12"diameter flexible connection 10 EA 28.00 280 53.00 530 81.00 810 1 1/2"diameter black steel pipe 50 LF 12.00 600 17.00 850 29.00 1,450 1"diameter black steel pipe 481 LF 6.80 3,271 13.00 6,253 19.80 9,524 SEWARD PUBLIC WORKS BUILDING PAGE 56 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 OS-MECHANICAL MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 085-Special Mechanical Systems S S S S S S COMPRESSED AIR(Continued) 3/4"diameter black steel pipe 263 LF 5.50 1,447 11.00 2,893 16.50 4,340 1 1/2"diameter black steel fitting 6 EA 8.50 51 50.00 300 58.50 351 1"diameter black steel fitting 60 EA 8.00 480 45.00 2,700 53.00 3,180 3/4"diameter black steel fitting 33 EA 5.35 177 37.00 1,221 42.35 1,398 Test and commission air system 1 LOT 100.00 100 500.00 500 600.00 600 FUEL OIL SYSTEM FST-1: 1,000 gallon fuel oil tank(OFCI) 1 EA 2250.00 2,250 2250.00 2,250 1"diameterfuel pipe with fittings 80 LF 6.50 520 15.00 1,200 21.50 1,720 3/4"diameter fuel pipe with fittings 80 LF 3.50 280 14.30 1,144 17.80 1,424 Equipment connections,filters,and valving 2 EA 850.00 1,700 450.00 900 1300.00 2,600 Tiger loop fitting 2 EA 85.00 170 155.00 310 240.00 480 Connect to boiler 2 EA 150.00 300 175.00 350 325.00 650 Fuel for testing 500 GAL 8.50 4,250 8.50 4,250 Test fuel oil piping 1 LOT 100.00 100 250.00 250 350.00 350 233 SEWARD PUBLIC WORKS BUILDING PAGE 57 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 OS-MECHANICAL MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIALiLABOR 085-Special Mechanical Systems S S S S S S WASTE OIL FUEL SYSTEM Waste oil heater,pump,and integral tank assembly 1 EA 16500.00 16,500 2950.00 2,950 19450.00 19,450 3/4"diameter black steel pipe 100 LF 4.15 415 10.15 1,015 14.30 1,430 3/4"diameter black steel fitting 10 EA 6.20 62 44.25 443 50.45 505 Connection to waste oil heater 2 EA 150.00 300 175.00 350 325.00 650 Test fuel oil piping 1 LOT 100.00 100 250.00 250 350.00 350 VEHICLE EXHAUST SYSTEM EF-4: 1,700 CFM vehicle exhaust fan 4 EA 4500.00 18,000 650.00 2,600 5150.00 20,600 CO/NO2 sensor and gas detector 8 EA 210.00 1,680 75.00 600 285.00 2,280 Sheetmetal ductwork and hangers 2,300 LBS 3.70 8,510 5.20 11,960 8.90 20,470 Roof cap 2 EA 250.00 500 135.00 270 385.00 770 Track 250 LF 10.00 2,500 15.00 3,750 25.00 6,250 Exhaust hose reel 4 EA 550.00 2,200 150.00 600 700.00 2,800 SUBTOTAL: $96,483 $58,810 $155,293 SEWARD PUBLIC WORKS BUILDING PAGE 58 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 OS-MECHANICAL MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIALiLABOR 085-Special Mechanical Systems $ $ $ S $ $ Labor Premium Time 16.70% 9,821 9,821 SUBTOTAL: $96,483 $68,631 $165,114 Subcontractors Overhead and Profit on Material and Labor 30.00% 28,945 20,589 49,534 TOTAL ESTIMATED COST: $125,428 $89,220 $214,648 234 SEWARD PUBLIC WORKS BUILDING PAGE 59 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 09-ELECTRICAL MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MA 092-Service and Distribution S S S S S S PV module panel system,complete(budgetary allowance) 970 SF 75.00 72,750 55.00 53,350 130.00 126,100 CT meter base and 500 amp service disconnect in NEMA 4x enclosure 1 EA 6500.00 6,500 1750.00 1,750 8250.00 8,250 ESD remote shunt trip in NEMA 4x enclosure 1 EA 1750.00 1,750 595.00 595 2345.00 2,345 MPZ-HB: 20 KVA transformer in NEMA 4x enclosure 1 EA 1800.00 1,800 1350.00 1,350 3150.00 3,150 ATS: 600 amp,480 volt,3 pole,automatic transfer switch 1 EA 2500.00 2,500 550.00 550 3050.00 3,050 MDP: 500 amp main distribution panel 1 EA 6500.00 6,500 3000.00 3,000 9500.00 9,500 SHOP-HV: 250 amp panel 1 EA 2650.00 2,650 1900.00 1,900 4550.00 4,550 SHOP-LV: 300 amp subpanel 1 EA 5000.00 5,000 2100.00 2,100 7100.00 7,100 SDP: 400 amp local distribution panel 1 EA 8010.00 8,010 2200.00 2,200 10210.00 10,210 Panel A: 125ampsubpanel 1 EA 1800.00 1,800 1100.00 1,100 2900.00 2,900 Panel B: 250 amp subpanel 1 EA 2650.00 2,650 1900.00 1,900 4550.00 4,550 T-1: 112.5 KVA,480Y:208Y/120 volt transformer 1 EA 8550.00 8,550 1820.00 1,820 10370.00 10,370 T-2: 75 KVA,480Y:208Y/120 volt transformer 1 EA 4775.00 4,775 985.00 985 5760.00 5,760 SEWARD PUBLIC WORKS BUILDING PAGE 60 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 09-ELECTRICAL MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 092-Service and Distribution S $ $ S $ $ 3/4"diameter x 10'0"copper ground rod 4 EA 47.00 188 112.00 448 159.00 636 Conduit and conductors(allowance) 6,250 LF 8.70 54,375 10.50 65,625 19.20 120,000 Trenching and backfill 80 LF 4.80 384 8.80 704 13.60 1,088 Test and tag service 1 LOT 500.00 500 2500.00 2,500 3000.00 3,000 SUBTOTAL: $180,682 $141,877 $322,559 Labor Premium Time 16.70% 23,693 23,693 SUBTOTAL: $180,682 $165,570 $346,252 Subcontractors Overhead and Profit on Material and Labor 30.00% 54,205 49,671 103,876 TOTAL ESTIMATED COST: $234,887 $215,241 $450,128 235 SEWARD PUBLIC WORKS BUILDING PAGE 61 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 09-ELECTRICAL MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 093-Lighting and Power S S S S S S FIXTURES(TYPE ASSUMED) A: High bay light fixture 66 EA 650.00 42,900 250.00 16,500 900.00 59,400 B: 4'0"wall mounted LED vanity fixture 4 EA 290.60 1,162 110.00 440 400.60 1,602 C: 1'0"suspension light fixture 2 EA 205.00 410 110.00 220 315.00 630 D: 6"interior LED downlight fixture 8 EA 220.20 1,762 75.00 600 295.20 2,362 G: 4'0"LED linear fixture 65 EA 166.70 8,668 90.00 4,680 256.70 13,348 2'0"x4'0"LED troffer,2,000 LM 48 EA 205.00 9,840 110.00 5,280 315.00 15,120 2'0"x4'0"LED troffer,3,000 LM 20 EA 225.00 4,500 110.00 2,200 335.00 6,700 LED exit sign(assumed) 14 EA 100.70 1,410 90.00 1,260 190.70 2,670 Exterior LED wall pack(assumed) 16 EA 359.05 5,745 90.00 1,440 449.05 7,185 Exterior photocell and program controller 1 EA 350.00 350 220.00 220 570.00 570 Extra for emergency light connection(allowance) 50 EA 30.00 1,500 50.00 2,500 80.00 4,000 POWER AND DEVICES Single pole switch(assumed) 10 EA 12.00 120 37.00 370 49.00 490 Dimmer switch(assumed) 6 EA 26.00 156 48.00 288 74.00 444 Three-way switch(assumed) 8 EA 18.00 144 39.00 312 57.00 456 SEWARD PUBLIC WORKS BUILDING PAGE 62 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 09-ELECTRICAL MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 093-Lighting and Power S S S S S S POWER AND DEVICES(Continued) Occupancy sensor switch(assumed) 5 EA 70.00 350 50.00 250 120.00 600 Occupancy sensor(assumed) 12 EA 111.00 1,332 80.00 960 191.00 2,292 Weatherproof GFCI duplex receptacle(assumed) 10 EA 28.00 280 220.00 2,200 248.00 2,480 GFCI duplex receptacle 15 EA 18.00 270 45.00 675 63.00 945 Ceiling mounted duplex receptacle(assumed) 6 EA 12.00 72 75.00 450 87.00 522 Duplex receptacle 83 EA 12.00 996 40.00 3,320 52.00 4,316 Double duplex receptacle 17 EA 24.00 408 70.00 1,190 94.00 1,598 Floor mounted duplex receptacle(assumed) 1 EA 115.00 115 85.00 85 200.00 200 Emergency shut-off switch 1 EA 110.00 110 60.00 60 170.00 170 Special purpose receptacle(30 amp outlet) 4 EA 40.00 160 76.00 304 116.00 464 Fractional motor connection 9 EA 35.00 315 75.00 675 110.00 990 1 HP motor connection 4 EA 95.00 380 175.00 700 270.00 1,080 2 to 3 HP motor connection 9 EA 115.00 1,035 175.00 1,575 290.00 2,610 5 HP motor connection 4 EA 135.00 540 225.00 900 360.00 1,440 236 SEWARD PUBLIC WORKS BUILDING PAGE 63 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 09-ELECTRICAL MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 093-Lighting and Power S S S S S S POWER AND DEVICES(Continued) 7.5 HP motor connection 2 EA 150.00 300 250.00 500 400.00 800 Thermal overload switch(assumed) 8 EA 27.00 216 50.00 400 77.00 616 Fused disconnect switch(assumed) 3 EA 410.00 1,230 150.00 450 560.00 1,680 Junction box(assumed) 6 EA 8.00 48 18.00 108 26.00 156 CONDUIT AND WIRING 1"diameter EMT conduit 1,400 LF 2.38 3,332 7.20 10,080 9.58 13,412 3/4"diameter EMT conduit 3,200 LF 1.46 4,672 6.40 20,480 7.86 25,152 1/2"diameter EMT conduit 2,500 LF 1.08 2,700 4.83 12,075 5.91 14,775 #8 XHHW copper conductor 7,000 LF 0.82 5,740 1.05 7,350 1.87 13,090 #10 XHHW copper conductor 16,000 LF 0.52 8,320 0.85 13,600 1.37 21,920 #12 XHHW copper conductor 12,500 LF 0.34 4,250 0.65 8,125 0.99 12,375 MISCELLANEOUS Test and tag lighting and power 1 LOT 750.00 750 2000.00 2,000 2750.00 2,750 SUBTOTAL: $116,588 $124,822 $241,410 SEWARD PUBLIC WORKS BUILDING PAGE 64 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 09-ELECTRICAL MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 093-Lighting and Power S $ $ S $ $ Labor Premium Time 16.70% 20,845 20,845 SUBTOTAL: $116,588 $145,667 $262,255 Subcontractors Overhead and Profit on Material and Labor 30.00% 34,976 43,700 78,676 TOTAL ESTIMATED COST: $151,564 $189,367 $340,931 237 SEWARD PUBLIC WORKS BUILDING PAGE 65 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 09-ELECTRICAL MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 094-Special Electrical Systems S S S S S S FIRE ALARM Fire alarm control panel with digital alarm communicator transmitter and battery back-up 1 EA 6500.00 6,500 1050.00 1,050 7550.00 7,550 Fire alarm annunciator panel 1 EA 850.00 850 450.00 450 1300.00 1,300 Fire alarm pull station 9 EA 75.00 675 95.00 855 170.00 1,530 Smoke detector 15 EA 145.00 2,175 105.00 1,575 250.00 3,750 Duct smoke detector(assumed) 2 EA 330.00 660 220.00 440 550.00 1,100 Heat detector 84 EA 231.00 19,404 91.00 7,644 322.00 27,048 Horn/strobe 6 EA 143.00 858 120.00 720 263.00 1,578 Weatherproof horn/strobe(assumed) 4 EA 155.00 620 145.00 580 300.00 1,200 Strobe 41 EA 87.00 3,567 75.00 3,075 162.00 6,642 Alarm bell 1 EA 135.00 135 140.00 140 275.00 275 3/4"diameter EMT conduit 2,790 LF 1.46 4,073 6.40 17,856 7.86 21,929 Alarm wiring 3,720 LF 0.28 1,042 0.75 2,790 1.03 3,832 Equipment connection(allowance) 5 EA 45.00 225 95.00 475 140.00 700 Flow and tamper switch connection 3 EA 25.00 75 65.00 195 90.00 270 SEWARD PUBLIC WORKS BUILDING PAGE 66 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 09-ELECTRICAL MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 094-Special Electrical Systems S S S S S S TELECOM 1-port data/communication outlet,ceiling mounted 6 EA 20.00 120 75.00 450 95.00 570 2-port data/communication outlet 30 EA 24.00 720 50.00 1,500 74.00 2,220 2-port data/communication outlet,floor mounted 1 EA 109.00 109 79.00 79 188.00 188 Floor mounted telecom rack 2 EA 825.00 1,650 520.00 1,040 1345.00 2,690 8'0"x4'0"x3/4"plywood backboard with two quadruplex receptacles 100 SF 2.10 210 1.50 150 3.60 360 Equipment grounding 1 LOT 120.00 120 330.00 330 450.00 450 Rack mounted grounding bar 2 EA 120.00 240 55.00 110 175.00 350 Ground bus bar 1 EA 120.00 120 55.00 55 175.00 175 Rack mounted plug strip 2 EA 130.00 260 95.00 190 225.00 450 48-port patch panel 4 EA 375.00 1,500 330.00 1,320 705.00 2,820 24-port patch panel 2 EA 275.00 550 290.00 580 565.00 1,130 2 RU cable management panel 4 EA 310.00 1,240 170.00 680 480.00 1,920 110-punch block,100-pair capacity 1 EA 245.00 245 175.00 175 420.00 420 Fiber connector housing 1 EA 275.00 275 150.00 150 425.00 425 238 SEWARD PUBLIC WORKS BUILDING PAGE 67 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 09-ELECTRICAL MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 094-Special Electrical Systems S S S S S S TELECOM(Continued) Wireless access point 11 EA 110.00 1,210 75.00 825 185.00 2,035 2"diameter EMT conduit 100 LF 6.39 639 9.80 980 16.19 1,619 1"diameter EMT conduit 520 LF 2.38 1,238 7.20 3,744 9.58 4,982 12-strand fiber optic data/communication cable 140 LF 1.12 157 0.78 109 1.90 266 Cat 6 cable 9,000 LF 0.32 2,880 0.75 6,750 1.07 9,630 J-hook 200 EA 0.75 150 1.60 320 2.35 470 Cable tray 60 LF 24.00 1,440 12.50 750 36.50 2,190 Surface raceway 60 LF 1.70 102 7.00 420 8.70 522 INTEGRATED SURVEILLANCE AND ACCESS CONTROL Surveillance/intercom data rack 1 EA With Data/Telecom PLC/relay cabinet,wall mounted 1 EA 550.00 550 175.00 175 725.00 725 Digital video recorder 1 EA 1625.00 1,625 250.00 250 1875.00 1,875 Magnetic door holder 4 EA 110.00 440 140.00 560 250.00 1,000 Central station receiver 1 EA 2850.00 2,850 750.00 750 3600.00 3,600 Workstation computer 1 EA 1500.00 1,500 170.00 170 1670.00 1,670 SEWARD PUBLIC WORKS BUILDING PAGE 68 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 09-ELECTRICAL MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 094-Special Electrical Systems S S S S S S INTEGRATED SURVEILLANCE AND ACCESS CONTROL(Continued) Touch screen monitor,keyboard,and mouse 1 EA 600.00 600 85.00 85 685.00 685 Video wall/dispatch console(2 monitors) 1 EA 1800.00 1,800 250.00 250 2050.00 2,050 24-port POE network switches/video subnet 1 EA 3000.00 3,000 550.00 550 3550.00 3,550 24-port UTP patch panel 1 EA 385.00 385 220.00 220 605.00 605 RJ-45 video jack in camera back box 13 EA 35.00 455 75.00 975 110.00 1,430 Interior 360'ceiling mounted camera 5 EA 968.00 4,840 210.00 1,050 1178.00 5,890 Exterior wall mounted camera 8 EA 1200.00 9,600 210.00 1,680 1410.00 11,280 Card reader and interface module 7 EA 265.00 1,855 190.00 1,330 455.00 3,185 Key pad 2 EA 250.00 500 150.00 300 400.00 800 Door contact 7 EA 72.00 504 114.00 798 186.00 1,302 3/4"diameter EMT conduit 700 LF 1.46 1,022 6.40 4,480 7.86 5,502 Cat 6 cable 5,700 LF 0.32 1,824 0.75 4,275 1.07 6,099 Camera filed patch cord 13 EA 40.00 520 55.00 715 95.00 1,235 MISCELLANEOUS Test and tag special electrical systems 1 LOT 500.00 500 3500.00 3,500 4000.00 4,000 239 SEWARD PUBLIC WORKS BUILDING PAGE 69 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 09-ELECTRICAL MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 094-Special Electrical Systems S S S S S S MISCELLANEOUS(Continued) Electrical mobilization/demobilization,submittals, etc. 1 EA 2500.00 2,500 5000.00 5,000 7500.00 7,500 SUBTOTAL: $92,904 $85,665 $178,569 Labor Premium Time 16.70% 14,306 14,306 SUBTOTAL: $92,904 $99,971 $192,875 Subcontractors Overhead and Profit on Material and Labor 30.00% 27,871 29,991 57,862 TOTAL ESTIMATED COST: $120,775 $129,962 $250,737 SEWARD PUBLIC WORKS BUILDING PAGE 70 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 10-EQUIPMENT MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 101-Fixed and Movable Equipment S $ $ S $ S Heavy equipment mobile lift 3 EA 11000.00 33,000 350.00 1,050 11350.00 34,050 Marathon grinder 1 EA 2200.00 2,200 250.00 250 2450.00 2,450 Sand blaster 1 EA 5500.00 5,500 750.00 750 6250.00 6,250 10,000lb.capacity,2-post vehicle lift 1 EA 8500.00 8,500 1500.00 1,500 10000.00 10,000 15,000 lb.capacity,2-post vehicle lift 1 EA 13000.00 13,000 2600.00 2,600 15600.00 15,600 5-ton crane hoist 1 EA 14500.00 14,500 3500.00 3,500 18000.00 18,000 Install only wheel balancer 1 EA 50.00 50 250.00 250 300.00 300 Install only wheel changer 1 EA 50.00 50 250.00 250 300.00 300 Install only brake lathe 1 EA 50.00 50 250.00 250 300.00 300 Install only parts washer 1 EA 50.00 50 250.00 250 300.00 300 Install only parts cleaner 1 EA 50.00 50 250.00 250 300.00 300 Install only welder 1 1 EA 50.00 50 250.00 250 300.00 300 Install only welder 1 EA 50.00 50 250.00 250 300.00 300 Install plasma cutter 1 EA 50.00 50 250.00 250 300.00 300 Install only 100 ton press 1 EA 50.00 50 500.00 500 550.00 550 240 SEWARD PUBLIC WORKS BUILDING PAGE 71 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 10-EQUIPMENT MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 101-Fixed and Movable Equipment $ $ $ $ $ $ 1-ton jib joist 1 EA 4200.00 4,200 450.00 450 4650.00 4,650 Pressure washer 1 EA 12000.00 12,000 650.00 650 12650.00 12,650 SUBTOTAL: $93,350 $13,250 $106,600 Labor Premium Time 16.70% 2,213 2,213 TOTAL ESTIMATED COST: $93,350 $15,463 $108,813 SEWARD PUBLIC WORKS BUILDING PAGE 72 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 11-SPECIAL CONSTRUCTION MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIALiLABOR SAND SHED Pre-engineered metal building construction 3,050 SF 42.00 128,100 18.00 54,900 60.00 183,000 SUBTOTAL: $128,100 $54,900 $183,000 Labor Premium Time 16.70% 9,168 9,168 SUBTOTAL: $128,100 $64,068 $192,168 Subcontractors Overhead and Profit on Material and Labor 30.00% 38,430 19,220 57,650 TOTAL ESTIMATED COST: $166,530 $83,288 $249,818 241 SEWARD PUBLIC WORKS BUILDING PAGE 73 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 12-GENERAL REQUIREMENTS MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIALiLABOR MOBILIZATION/DEMOBILIZATION Mobilization/demobilization and set up 1 LOT 2500.00 2,500 7500.00 7,500 10000.00 10,000 Freight for materials and equipment 300 TONS 450.00 135,000 75.00 22,500 525.00 157,500 Miscellaneous air freight 2,000 LBS 1.35 2,700 0.25 500 1.60 3,200 OPERATION COSTS Project manager 14 MOS 18400.00 257,600 18400.00 257,600 Superintendent 14 MOS 250.00 3,500 13500.00 189,000 13750.00 192,500 Quality control By Superintendent Field engineering 100 HRS 165.00 16,500 165.00 16,500 Time keeper/clerical staff 14 MOS 150.00 2,100 3200.00 44,800 3350.00 46,900 Scheduling and estimating 14 MOS 150.00 2,100 3200.00 44,800 3350.00 46,900 Expediting 14 MOS 150.00 2,100 2800.00 39,200 2950.00 41,300 Daily loading/unloading 14 MOS 100.00 1,400 2100.00 29,400 2200.00 30,800 TEMPORARY FACILITIES Site offices and equipment 14 MOS 1700.00 23,800 200.00 2,800 1900.00 26,600 SEWARD PUBLIC WORKS BUILDING PAGE 74 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 12-GENERAL REQUIREMENTS MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIALiLABOR TEMPORARY FACILITIES(Continued) Temporary utilities and communication 14 MOS 600.00 8,400 50.00 700 650.00 9,100 Consumables 14 MOS 500.00 7,000 500.00 7,000 On site storage/connex rental 14 MOS 500.00 7,000 100.00 1,400 600.00 8,400 Temporary barriers,protection,signage,etc. 14 MOS 250.00 3,500 550.00 7,700 800.00 11,200 Porta cans and maintenance 14 MOS 500.00 7,000 150.00 2,100 650.00 9,100 Dumpster 14 MOS 500.00 7,000 500.00 7,000 Construction debris disposal 14 MOS 250.00 3,500 750.00 10,500 1000.00 14,000 EQUIPMENT Construction equipment,pick-ups,hoisting,etc. 14 MOS 5000.00 70,000 500.00 7,000 5500.00 77,000 Crane rental 6 MOS 12500.00 75,000 500.00 3,000 13000.00 78,000 Labor for equipment maintenance 60 HRS 120.00 7,200 120.00 7,200 Fuel,oil,grease for equipment 14 MOS 1800.00 25,200 1800.00 25,200 Small tools,compressors,etc. 14 MOS 1000.00 14,000 200.00 2,800 1200.00 16,800 First aid/safety supplies 14 MOS 500.00 7,000 500.00 7,000 242 SEWARD PUBLIC WORKS BUILDING PAGE 75 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 12-GENERAL REQUIREMENTS MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIALiLABOR MISCELLANEOUS Regular clean up,snow removal,etc. 14 MOS 250.00 3,500 1000.00 14,000 1250.00 17,500 Final clean up,punch list,etc. 24,494 SF 0.10 2,449 0.15 3,674 0.25 6,123 Miscellaneous materials testing 1 LOT 3000.00 3,000 3000.00 3,000 As-builts,schedules,submittals,etc. 1 LOT 500.00 500 2500.00 2,500 3000.00 3,000 Building permits By Owner State of Alaska Dept.of Labor filing fee 1 LOT 5000.00 5,000 5000.00 5,000 EMPLOYMENT COSTS Per diem for imported labor(70%imported crew) 4,145 MD 262.00 1,085,990 262.00 1,085,990 SUBTOTAL: $1,510,239 $717,174 $2,227,413 Home Office 3.00% 434,823 Overhead and Profit 10.00% 1,492,891 Bonds 0.85% 139,585 Insurances 1.15% 190,456 TOTAL ESTIMATED COST: $4,485,168 SEWARD PUBLIC WORKS BUILDING PAGE 76 SEWARD,ALASKA 35%DESIGN SUBMITTAL CONSTRUCTION COST ESTIMATE(REVISION 1) DATE: 6/30/2023 HMS Project No.:22148 13-CONTINGENCIES MATERIAL LABOR TOTAL TOTAL QUANTITY UNIT RATE TOTAL RATE TOTAL UNITRATE MATERIAULABOR 131-ESTIMATOR'S CONTINGENCY The estimator's allowance for architectural and engineering requirements that are not apparent at this level of design documentation 20.00% $3,350,368 Unique market risk 5.00% $1,005,110 132-ESCALATION CONTINGENCY The allowance for escalation from the date of estimate to the proposed bid date of February 2024 at the rate of 5.3%per annum(8 months) 3.53% $745,088 TOTAL ESTIMATED COST: $5,100,566 243 DRAFT CITY OF SEWARD PUBLIC WORKS FACILITY SEWRD ALASKA 35 A DE I G N —RD VICINITY�I� MAP OG-R CIF OF AF D,A,N�ET�F, 81 ST LLJ u % .2 OF If 'o T- 35 34 $4 Y - 1 F _4 ";,FENIN CIVIL ENGINEER ARCHITECT MECHANICAL ELECTRICAL& COST EATIMATO �3 LC E 3 ,"Lue InICFMIGTINTARU�� III L ITIBETClU[Ii'lil 'TNy'ETl`lAFF E,1."R ERRING `�"EM` 11 1 1 G, %F, I'd 1113IGG i�x —11FRE-A, 1111—A D�II 111111111IL-RD lN— 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TURN ND e PLATFORM D ALLOWABLE RAMP LENGTHS D r�"!LS AT RAMPS DIMENSIONS ■ 5T-- (���SIECTIONATI "ANDRAILS AT HANDRAILS/CURB ENCROAC�HMIENTI OF DOORS ONTO RAMPS CT ION A SECTION BE, 74 C �A B BE, C 4B 71NDRAILS IL E>CFENSIONS AT STAIR S' DO ICR I FOR IARI AND T'ACC",B LE eTAiRwnve FGXT`E`N'S'0'N A AT A TAI CA TOP IANDRAI F F F 2 IAN DRA IANDRALCIFEAGANCE IAN RAF GROSS A FLUSH RISER B ANGLED NOSING C ROUND NOSING D-STRIPING HEIGHT SECTION F G . F G BOTTOM HANDRA LEXTENSIONS AT STAIRS STA C NOSINGS .�." ��"�. a nSTAI R,T�READ NuSl NGS WARN I NG STRI PI NG L BUILDING ELEMENTS *�GENERAL BUILDING ELEMENTS 4 A .ff.mm sA, I TH 181 DEGREE TURN 90 DEGREE TURN A MINIMUM TURNING SPACE B MI M,`CM=`LF`20TTE A M A SPACE NEEDED TO B SPACE NEEDED OF WIDtMUM CLEAR �2 T SHAPED SPACE FOR FOR-o B MIN MUM CLEAR WIDTH TURN A WHEELCHAIR FOR SMOOTH U CORRIDOR CORRIDOR 1 ED DEGREE TURNS WHEELCHAIRS FOR S�NGLE WHEELCHAIR WHEELCHAIR TURN < ,�n�I�G�S��E ,�n�I�G 3SPAC �1"l �M�CLEAR (�DDMINIMUM CORRIDOR Ll W I DEF H I NG RPal� I L ---- A FRONTAPPROACH L HINGE APPROACH ITCH SIDE APPROACH S\/MNGING DOOR APPROACH E IN LEVEL -V I�I�(,� 06D 1 In 3; NEIGUIR TO jBTWO o HINGED DOORS IN SERIES PROTRUDING OBJECT t I ILL A FRONTAPPROACH B STOP OR ITCH SIDE APPROACH A FORWARDAPPROACH B SIDEAPPROAC 0 A PIN B SIDE ELEAATION MANEUVERING DRINKING *,bl-.11JIN�G I&I FULUING DOOR APPROACH MINIMUM CLEARANCE FOR COUNTER (��CE ALCOVES (�O%N��IN-NON AL(�H�N� 251 o"° PRELIMINARY SANITARY ACCESSORIES LIST El- PTDR wR PTD Er,D 11D III sD TPD,scD TPD scD Ts PHP Dcs Q z D GRAB BAR n MOUNTING HEIGHTS-SANITARY ACCESSORIES Usa s-,-r Us,°�°yr-,r DFDONTE�E-TIoN CsDEE�EVATON S PIN A TaDNTF FVATDN D TRDNTE\EVATDN c sDEE\EVATDN nACCESSIBLE URINAL nACCESSIBLE LAVATORY nSINGL -ACCOMODATION TOILET ROOM (sAC #f nnvvw „ ��.� ssvnnvvw Y dT 3 O ourwworwx" �F un*iu,�v"nnvvw oW n PIN e SIDE E\Evn MULTI ACCOMMODATION TOILET RM MULTI ACCOMMODATION TOILET RM MULTI ACCOMMODATION TOILET RM . orc.siDE E\EvnTioN LLO ¢ =x nALTERNATETOI LET STALL �ACCESSIBLETOILETSTALL nSTANDARD ACCESSIBLE TOILET STALL nACCESSIBLE SHOWER- ALTERNATE �� _ ADOUBLE FO-11 E SIDED PROJECTING MEN'S/WOME'S R J^ mow. RESTROO° N'S RESTROOM n eaa� v � nn J vnT ON ".�s�oxaoE. n NATE A s@°. z. ,o.M WALL MOUNTED SIGNAGE WALL MOUNTED SIGNAGE O VOLUME CONTROL TELEPHONE ACCESSIBLE SHOWER ALTER[cµ560 86 �,a LIFE/SAFETY LEGEND BUILDING CODE ANALYSIS PRELIMINARY NO U..Of Spac e x°°ueucc°xrtvExcEv°°w El. —••— .«°.�...„,."�„ TRAVEL DISTANCE - m�„°" ~ ie n.�m°MEwmoaE".m.� � e <°a°°.x°�,°�x°�xa<,xEE°°�°°E°wR ate°A.�W°x�x�,Ex�.�.�ox°x„s ■ 5�� A Ma F f q „I s TIM oPFvoo _ Business Areas ❑S-1 x �=� .�x°.E� s 0 MEZZANINE-OCCUPANCY TYPE LEVEL1-OCCUPANCY TYPE `"°°"° ""`°'"°""""" DO �Jsale.,132=,v �J scel°.,1 L111 i. °vwnEnEa curse wrEni°ve:rt°xswevwvs.cussc Y c. SI°CC°PNiCVSPPINpEPM.CIP55 crxv°u°x°ur Q U wnx°uuxanseuunw°r°eE°v°�n°E°wrtx°°°i"xeuiinw W � o�¢ °uunix°iss°vixxu_nEaari°E°uw°Ea wrtx°ccu°axr x°nriwi°xa°°wwcEs Q cx°°.m n°c°.F nrc"a LL OX w vE°u„w rsvm�uv m 71-°s� — ,i oaa-wucr,�ceu in x°sax°rx ur c-s[wcEar°xxaxxccsseuv°urEis ' i II `� `aa V x°i PEU°IPMi°5!°PICSPN°M�NINCSiXPi XPYEPNPII°PE°NEPPFA°!N°i e )ITLL ` _� u°vErxu,c,°oo srax°iwEwcarEaaewEax°eEwwacccsseu�vas. O MEZZANIINE-OCCUPANT LOAD O LEVEL,I- -OCCUPANTLOAD "� r 252 G101 DRAWING SYMBOLS POCHE LEGEND GENERAL ARCHITECTU ALNOTES (D RIM, 1= ffEj RIM Ea &View Name M FM uu MR M M ViewName GENERAL ABBREVIATIONS r.TNLTl LTZ4"'­.ELllE EXTERIOR WALL ASSEMBLIES PARTITION CONDITIONS NOTES PRELIMINARY V) PARTITION GENERAL NOTES WALL ASSEMBLY KWALL ASSEMBLY� E�WALL ASSEMBLY WALL ASSEMBLY _ °�^.°^"x...°..n^.Domoo°.�^."oo^ov.00m�..°^n°H�o°^"'^° ■ Nd INTERIOR WALL ASSEMBLIES Fl= Ll WALL ASSEMBL kSSEMBLY WALL ASSEMBLY F_ W I INSULATION SUFFIX CODE O FLOOR ASSEMBLIES ROOFASSEMBLIES PARTITION TYPE SYMBOL EE F71 FLOORASSEMBLY [2FLOORASSEMBLY [j]_RO9F ASSEMBLY gz( 1 0101�l I�253 ==10°= � GENERAL SITE PLAN NOTES PRELIMINARY ——————————————————————————————————————— L——————————————————- — — — — — — — — — — SEA LION AVENUE— — — — — — — — — — — — — — — — — Ln ------------------- b L------------- I---- ---- ---- co SITE PLAN T T T T Q 7 T T 7 ARCHITECTURALPRELIMINARY G—- FI —1 H N q COVERALL OVERALL FLOOR PLAN-LEVEL 2 I-LUUN NIL T T T T o uK1 921 L 4, mJ En ------ ow -ffA� COVERALL F LOOR PLAN-LEVEL 1 I uu," 254 ARCMTEC-1-SHEET NOTES PRELIMINARY KEY DESC-ON yy cs U z n SAND SHED-EAST ELEVATION n SAND SHED-NORTH ELEVATION '9 U aa�°„a=,o Ens n SAND SH SAND SHE ED-WEST ELEVATION n SAND SHED-SOUTH ELEVATION n 3D VIEW- D U aai°„a. z 5 0 oW O ¢ � w e D SAND SHED ROOF PLAN SAND SHED PLAN - g� A102 —EQUIP PRELIMINARY 6 . w to Le a umV—wvi�ve�"i�rHi e Q e3€ ■ 5§ g� ' e 10 � o T T T T T T °.,.µ. ....moo. o EQUIPMENT PLAN LEGENDAr- p WEOq� U a m o-- o °oLELJ" 5 ooMos° n EQUIPMENT PLAN-LEVEL 1 - 4� 10 255 �A1 O O O O O O O O O O ARCHITECTURAL SHEET..-- PRELIMINARY li 1 1 L: =`s 1 1 1 5'j 1 1 RCP LEGEND 1 oPE rricEs 1 i a°°.F.sm�s�Em REFLECTED CEILING PLAN-LEVEL 2 3 a s T T T - - 1 0 0 ' PEA �i muxorrner.nove Y — U pp 1 GENERAL RCP NOTES a o °o 0 1 mxenoescesmrxecexr@o..��Now.,°o.. n REFLECTED CEILING PLAN-LEVEL 1 - 4� PRELIMINARY �s W ~ to V Q e€ q q -0 z EITI I I I I I Y o� o a b b b b b b b b bb n ROOF PLAN - 4� 256 n .A130 © 0 0 0 (D 0 GENERAL PLAN NOTES m m @w PRELIMINARY sg a l O ° Q e3E 1 vwk oEa III 1 1 0 ,EaE Ell 1 '€a o o z s I 'I _o i m LEI Soq 1 evOM � w m 9a 1 c r m oFl 00 t �I g n FIRST FLOOR PLAN-FRONT GENERAL PLAN NOTES PRELIMINARY �s 111"ITE ET NOTES to 1 1 V Q e_€ ■ c•P 1 g6 1 i w I � I SITI— poe C 7 I � I I 1 o° LEIpll I al - s II II II m ___ _ ________ = o -_ 1 1 O 1 II �� 1 —— ———— ——— ———— _ —————--— ' m I9—--———— m vOr 1 V V V 0 V g n FIRST FLOOR PLAN-BACK OF HOUSE 257 A141 ARCH FECTURAL SHEET NOTES GENERAL PLAN NOTES PRELIMINARY HEYF— DESCRIPTION (7� T (7�(7� 1 = ' Q Q e3€ 1 e�E 1 1 ICI ICI _ u o.E w 1 1 ❑ 1 i 1 U 1 ¢ J o 1 w p — � 1 i moti 1 1 g n MEZZANINE FLOOR PLAN ARCHITECTURAL PRELIMINARY �s m EMNE U "AN, C ;�� Q § t e€ M EVES u=� STAIR SECTION LOWER STAIR SECTION n n €a U aa�a„a-,o U aa�a„a-,o o k - r R w El ___._ ------ U (n m STAIR PLAN-MEZZANINE U STAIR PLAN-FIRST FLOOR „a-,o U a1„a ,o 258A143 ARCHITECTURAL PRELIMINARY CARPET ®LVT ■RTR ; SC uJ UNFIN GENERAL FINISH NOTES = ; Q _M xE�x.xxxxx��xExx�wx xxxxp�..Exx���xwx..,x. i i i i i oxx�xEx�xxs,�,.,EM@�xx wxxx�.xxo Q e �- ' -� .uxxw,.aamw,..xx.a��.o.x�.�.x.�x�.x..x.x.a�..Ox�.x WM�xxx ■ 5�E .,.xw�.xx woxx�.,xa��.xxOx�xo.Mxxxx o�xx�xoxxx�x.�x ��� c i 0 - m — { �.Eo� i .00M i CJ CJ CJ CJ CJ � FINISH FLOOR PLAN-FRONT OF HOUSE xA150 0 0 0 0 0 © (D 0 (D 0ARCHITECTURAL SHE­S PRELIMINARY EXTERIOR MATERIAL LEGEND wa uJ am = ie Na _ ELl EAST ELEVATION T T T T IAIAPET El ANNE ------ — -rz- ol Lai 11, �� _EL" 0SOUTH ELEVATION U z 5 0 u�wnx000s Y — 12 LEI OWEST ELEVATIONO —ELF � � oW � w (III (III (III T (III (III U to EIIANN2 OE IE ..x�.�o n NORTH ELEVATION o 1 259 n 4PA201 E a s Q Q Q Q Q Q - Q Q Q PRELIMINARY mEzZAz o tom) E1 ie - -  - - - - - - - - - - - - - - - - - - llu�llu�llll llu�llu�iu�llll 1 uuE �� I T1111T11 uwlu�llll 11�llll II-uu-uu-11 V lllllllu Hill llll li ll uuuuluulluuol Illllllilllllllillllllllilllllllilllllllllullllulllillllllllilllllllllullllulllilllllllilllllllllullllulllillllllllilll�llllli _._ 0 BUILDING SECTION 1 e_€ NINE z o O "o o' ew - - - - - - - - - - - - - - - - - - - - - - - - - - �EVE� II�IIII�IIII�I�IIII�IIII�III�IIII�IIII�IIII IIIII�IIII�IIII�IIII�IIII�III�IIII�IIII��III�III�III�II�� III IIII IIII=���III III�IIII=IIII=��Il�llllu � n BUILDING SE, TION 2 pq A-IET,%� Q Q Q ; 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II-111 [-IIIII IIIIIJIIII=J 11111111-IIII IIII IIII-IIIII) I-IIIII-IIIIIIIIII-1 II-IIII-IIII1111E=� -IIII-llllf IIIII-IIIII-1111111111-IIIII-IIIII-IIIII -IIIII IIIII-IIIII-1 IIIIII III IIIII -IIII-Illlf_    IlllfllllF IIIII-IIIII-IIIII-IIIII-11111-11111-11111 -IIII IIIIIJIIIIJ I111111111111 IllifflIll IIIIL= 1111�1111[ = =llll�llllf IIIII-IIIII-IIIII IIIIL=-IIIII-IIIII-IIIII I-IIIIL-IIIII-1�-11111JIIIIJ II 'I I II IIIII IIIIIIIII IIIIIIIII II III I IIIII IIIII I III__ 1i1111i1111WALL SECTION 141 WALL SECTION 3 WALL SECT 0���-�����- n n 3 N 2 n WALL SECTION 1 � UR��°,a=„o. � R��°,a�=,�-o, R�a�°,a�=„o. =,�-o, A350 I PRELIMINARY aAPET,� V Q e€ w €a —ANINE z s s Y � Q � w Ow U n ---EL LE-vEL LEIELI °IIII ° =u III=_IIIII=_IIIII=_IIIII=_IIIII=_ -m -___ ___- � - -III III-IIIII-IIIII-IIIII-IIIII- - - IIII�IIII� =IIIII=IIIII=IIIII=IIIII=IIIII IIIII=11 IIIII III II 6� -IuI i__1llluu llmullla l_um�u _ oaf 2I-II_I i�IIIaII�I=IT�I�II uT-lIlIIIl ��-°,:omm.��Ilu�uuu�llll on Nc III-�IIL-=—IoTII�Iu�l�Hill I-IIWaIL-=—IoT�aII�Iu�lI--��AIaI IL-l-lI-I°II.L- i3TIIALLII I =---IIIIITIIIIImiIIiiT=—=—I-II�I�1�II-II III-I-IIII.IL-=—uuu1iII-lT-IIlIIIIuIL- aSECTO .ALL SECTION 6 SECTION5u-11 ES A351 PRELIMINARY sioxwcrw.minw �v (D6 INENTRY-W MAINENTRY-E AMAIN ENT RY-N = ie Ua�a�a:,�a.-„o. Uaa�a:,�a.-,,-o. =aw 4 MW 3 MENS RR-S 2 ME MENS RR-N n MAIN ENTRY-S aa�a,�a-,,-o, aa�a:,�a.-,,-o. aa�a �',�a=,-0 U a�a�a.,�a-,o $$ WOM� 7 WOMENSRR-Sv 6 WOM� 6 WOMENSRR-N o s Y ? } 12 e.�! �,o„ 11 NITOR-S 10 JANITOR-E 9 J 1 -N U m COPY/FILE ISLAND JANITOR-W JA U �a.,�a=,o - a�a ,=,o e E a a UaMaA�a:P,�aS.-„-E(SIM@W UOCF EW UOCFE-E COPY/FILE-N Ua�a�e,�a.-„o. 261 �A401 PRELIMINARY ---------- Q�T7A�ROOM-_E IFIT177 0�7��ROOM-V QP �BREAK ROOM-S_ 77 �P�R& HV SHOP RR&SH S SHOP RR SHOP NLL _ , , _ U to 12 HOP RR-W 11 SHOP RR-S 10 -N DOOR AND FRAME SCHEDULE PRELIMINARY DOORS - F E HARD-ARE NUN ASS RA CARD EER�ColloER NAT-1- 7FIN T:LIIE�.IDTH HE—T TIIE -711 FN TRN. RoU, READER FFT FF�J N i TWEE TYPED TYPEc TYPE L TYPEA DOOR TYPES ZZYFxeo kw as vexssowea[niovaaroEva'rtAx�sµ ■ 5'S . TYPE. ovEvxraosmio TYPE DOOR TYPES FRAMETYPES DOOR TYPES DO HARDWARE GROUPS LE WINDOW SCHEDULE NOTES LEVELI LEVEL,1,9 —-—-—- LEV� W5 11P J)WT 1 1 1 P- ROOM FIN IS A SCHEDULE FINISH MATERIAL LEGENDPRELIMINARY ROOM ROOMNAME FLOOR EASE Cells.„ SUA.TSTR NORTH "EASLTS SOUTH VVEST COMMENTS/NOTES NO. FUIR ■ 5'. fl MNTMVTONNNIMN� E" RIP P� MNTMVTONNN�--N; OLD % L Ow w o to 2 A ABBREVIATIONS ABBREVIATIONS AA�l AACXSo EoS HP"ICNIR'AAGN NCG%LITINT 11 ETE INSTITI TE LrMI1N l L—IS CI IA T E I II EN NT RI 1 I E I X�TI ITT NI,S.NYAEMR BOOR LS DESIGN ESIGN,E 1R1CN.CRITERIAT"IOTN�EATRLR"MOIAPIT LEENRNSA OLL IIAIlIlE F�WI�IRT H1O 1LI1LEIIANTLIEAEMLAElNlI MO ETNT�FTRII TI CO'NCIETTHEE ME MLATEP RIAL"SR u&S"TR�ENAGIRT EH Irv? HEEI"C REEW ONN,RPTE ( TAIL11— ADD EOF STEEL OLJOINT ONN"C LIOIIRETE NT RAIO ITION ITT HEE NI NT FLFH.INP YL, M�MU PER RISK CATEGORY IV TEME ETM CRAIE M I I EL TRE.F, REMARN AOI A.11NA M�F "�FAAITSARTR I LE TESTING !!I�:LM��AETRON DESIGN DEAD LOADS "I'l V- I I I I A AT A�FIIN AND IIIILINIIIIU 11 M HAS T NO lnl A=,Il HEETNI—LEVACTION LONATION US FORM 1 IONIENTRAT� RE=R A A I N I I N I I I I �,AS 0 A�'AF'IA: �ATTIO E ON SPEC OFTJJ A,1. A. AN I I III 111 INIFUNI E PT BL�ICATION HIE NII �O TAILIAL PRO El ETUIE 0 ..E REFERENCE RETERIORIALL. ELI 11111111 11L �FC �O NO F AWPA ACMERg�OWNOOD PROTECTION O�FNROOSNTTSRUASIT TIN —I.N.LIVE LCAVE UP 1 INTO CRAIE MIN I ELI gE.F, REMPARE ASSO T R LEAR��EMI OF AWS AMERICAN WELD ING SOC ETY �WTSS �00�MONLALGEHT ION SIR ETE IE THOT E LONATION UlWRM MAR11 1-1 10 AN ."I I — FAST AUSTRALLEA A....NE 04 0 DF filk DO AD S TEME NONE PICTER AT ONS EITOR PROlUlT REMA— �O "OESN;�M I I 10 1 E DI N IOUNIRETE—L TOO JAOI fobION O� �O III HITHTE�l O;OMO M DO �AF C �OW�EARPACTUATED FASTENER INEITION OF ELOPE GOTOOPID 110.LOOP P, W PE�F EPONTANIHOR IONIC ETE HICREA 1 0, IT OR TA T 111 PER IINE DONST POEU N�O R RE .11111LI 11,11HII, 1111 111 O� �O RE ME OUR O;OMO SENSATION lH.NE IN ELEVACTION 0:EM�p REA=%l OM O�STEEL TE ZM3 REANST N=MTE TAL I I I UP I N G OR ILI I EPREHION 0:��N1�A A��O���WAR I �ER PEMP UP R �'I�'E=HO ��OE �OMPOIMNINIIFUNI FILLING �A �ARTCCFL JOINT PENETRATION IOLII PN DESIGN HE A-AELA$l 1POTELEVACTION FRO. Al PI-ASUR �FPS ��OND NORI STEEL NNO..Al P111OPI PER PEMP OUR ZFAN ... 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Tsw,T"oT"E RE Ouiam aiPiNa,ua"nr,a,aNO ELECTRICAL o - 1 FOR F-IMENTECHEWLE EFFORCHIFECTURI NotFoc ioN OONgtR� W%SCHEMATIC GE SIGN VERIFY SCALE T I w CORE RERCE 10 4 ROOM 00 °°3 ... - 1-"TRY � A 0 FIT FRIFER O R—EWEER oY Am ' A AY RED Fa NE 2 oocomaRE °° uut IR s , TEO ®F YARo M EC , R o Ts HR O a"RR p 11 EC OR OR H. 9 RCOPY —4 HOR i 1 z FOR =L 3 FOR, T ROO. COOV. EIEC oNE a A JH-3 - 033 023 025 p - o RECTOR:OFFCE o�P TSC3E ER F-011 a mNE I ONE WASTEWATER °ER x;�4 �-1RR R"m LL sioRARE re CUFFER I ' ® a.v RRA TREE OFFICE °wE'GR RAY A EARP, REAYEARPRAY CERBAY CEETRY F ER� — �------ nl- � ,y &—L 1 ---------+--- - I w TERasEwER oOFFoRY 4 s � o �oFIRST FLOOR HEATING PLAN �0 Uscue.3.m°,w 269M102 A s c o scRsouu=o'ORosmounoNPRioRO-CON To START o"woRKsHs�i���o oiTSMs MAI ,OA,R NCFs. Ts.N HOTFEREOUIIMENT IIIINN lOHFINN�AANo FFECTwcu C 0 - ION PRORLA-TERHOSE�RECONNECTIONAT•HIC�OCION NotFoc ioN 5 RENT TO REROUTEUSFPARATELATFRODUFROOT ppNStaU 5. FOREOUIIMENTSCFEOU.EFEARCFNECTURu. 35^b SCHEMATIC DESIGN VEWFY SCALE F w OE�FIRE l0 EARON A e q � ES - Z PRESSURE WASHER CONTROLS AT i01 "OL OR CONT NUAT ON,� n 0 D�ROOR,WALL MOUNT LOCAT ON ° I "RL sEE� P EREMCE 00, EM R I N Ell TO i RjssOR ® ARSRooN Ia ® ' O ® 0 AR COMP FIR � � �I -===- ==-- W - r - -------- ---- - --------_{ o- - -- m LL -- �,P, Ol E R33 © CLEANER ETEC I o1RE�. 0111c, N N w AIRooLRooM ® R„ WEERz xEAvr E. IINE z ® sxor RRa oxsxruuu I 1_ a 3 „FW , ,.aR L'a �., a A wA.E WEER, .oRAE R ---- (4-n --- ----, , d C - O - s i o oFFo. aoN wA.oE FIRST FLOOR PLUMBING PLAN �scWE3�- ��M103� A H c I o OH OF THE F AA FLY AN F LT FERN. E 0 ROHEOULE'CUR"yO FOOF TR OEMouTi0NORIOR To START OFHE NFORMATION 6— AORrc. CwEUEwFru�iTEMs as PO,OONTRACTORTOF PMENT ANO AssoaATEOAPPURTENANaE . TeuNTFOTFEREOuiPM PiPiNa,uaAnNa,ANO ELECTRICALELECTRICALCLEARANCEs °sdEEZD°r_F°- MANNALL R REHICLE 3 IllCLEAOPEFATEUWALF TCFF°TFENUMREFOF�xF sTCONNECTOFRO NotFooERRTCHtioN USEft TOMANTANADENUATEF_ r 0lfkU 35°%SCHEMATIC FARE,ANO RELIEF OAMPEFswiu DESIGN 5. FOR EQUIPMENT AAFEOUPEOSOE ARCHITECTURAL VE WFY SCALE 2 3 a 5 b ] T l U9L 0 NE.s T 004 A „ .TERRSER R,LLm —c OU o O o-,00 t ®q 8 oN M.= o �o ® � PRE.URE ASFEF wC E �sTs TEM „,.E..a. N -- ON_NEAT�ON(HE WASTEO PLATER r _ _ �__ b aoMNOR Y o aRCOMPREssOR of J RE,A1 1 1 aF MSRooN ;; a o= oos ❑° 001 PAF uo o M s HEUPTOFOOF Mo3 o- AA. k.Elm4�,,` ' ----- ----o� `o ---- -- Q —10 EW -% oNO' W wA.ERa o—PAFTSC oIA ti ,A 025 EAAEA QKFAA `LAsM As1. o ACUTTEF , o EF5 REW 3El 3E,A E m �n E,A � c is 13 FH L _ EI , \ � ° LSER,- A s o oFFoR. aoN RasEw R o FIRST FLOOR VENTILATION PLAN �scWE3�-,o 270 ��M104� a s c o sc"UFN"FCOYCILOO'OROsmouTR TioNaRioR To RL IC'T ogwoeKsHsli��w o oirsms �/01 NUl ,OA,re NCEs. Ts.ti HOTHFRFOuiaMFNT IIIINM FOHFINM 1 FFFCFwcu c NotoC j0N 00010 35°k SCHEMATIC GE SIGN VEWFY SCALE 1 FORFO— Ir I s I =tl9 f LF.IR L l I 0 I Lq p� I El V) .S I o OIL sH O swsTo eoos lOOF SECwv U m I Na ® [ p U [ —�________ :o a<w VEHICLE EXHPIISTTOROOF I aura--� 0 . I K o Roo °P�uFi OOFFROMTO a W F N o ua To ROOF 3 —IR— OOFFROMT�R�-i vuFLIINM I—RF TO ROOF I I I I J— �1 MEZZANINE MECHANICAL PLAN U scaE:scrz TO M105 A H c I o 'CURIY OF .HFouCFO FOR OemouTioN awoRTOeTCONT aRTOFwoR,c. LF'FmuERiwuuTFMe T O_ C ROLON FO T—ITHOTHFUll—T,1111NM O EN OHTINO, O_LFCTRICI s Nol j01A 00", W%SCHEMATIC GE SIGN VEWFY SCALE T T IT T T T I �6LL1 � Og-o i O gp3 I o 2u I F IF I 0 Z I p IEl s I I I m N uaaFRRooF I �vrvFR ROOF �HaF,q I � C) I I I Zi; � U ma a I F vrR FROM o RaF,q_. �Rml 1—A IF I W: I a vrR— we ow N 9 o�,vaFw i i I I I I 3p_LaI gpl u o 6LL2 4LL1 I —4LL1 4LL2 0 8 0 UPPER ROOF PLAN U ecIF = 271 �M101 a s c D ""U"'OROemouTioNaRioR To CON sTaaT o"v`voeKs�����-�o oiTemo ,OA,re NCEs. 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P ROLE FALSECTA MOTNCMPTECOINTRADLER POP RECEPTACLE o UP OF CA RD READERR ONO Ro.OMM ETAL o PUP1 PUTTON CONTROL ETATION RECADDED DOOR POPITION CONTACT CONDUIT—ANDED TRAV TRAT"I U) I EMER.ENCIDIUTDOORNMUDIROOM 1EA0 TWSH TW ITEDIIHIELDED LUENCT CANC1.1 OR EAUREDE.FLONNECTION FILED OR A WEATHERHEAD T'P FLUP CAL U" UNDER'ROUND CEPT AD RE CRINK FLOOR) FREE UON UNLE.OTHERPRIDE NOTED 0 A VOLTP CP 1IMPLE1 RECEPTACLE EII]d ALARM DEACON VA VOLTAMPERED A DUPLEX RECEPTACLE MOUNTAT IN UNLEEDNOTED WED VFARTTIPLE FRE.UENCU DRIVE W HNNEDANTENNA POLE WITHILAIDOWN EMADOW W. WIRE UARD DO DOUBLE DUPLEX RECEPTACLE DUPLEX RECEPTACLE EPLITSPREDFOR [j TYPE-UNCTIONEO. WFIN R TOWEATIHFEoRRRER0F(MENA 1.) DW LOU CONTROL OR LOWER OUTLET DUPLEX RECEPTACLE FCI PROTECTED L-TIN CONTACTOR DUPLEX RECEPTACLE IFC PROTECTED LIGHTING FIXTURE SCHEDULE MOUNTED AROVE COUNTERHOP FRI] MINI POWER IONE SYMBOL SAKE MODEL F�TTPNM, GUY MOUNTING EQUIPMENT LEG END DO FE DUPLEX RECEPTACLE FLOOR MOUNTED =E ETTOOR OPENEOR SOSP DOUDLE DUPLEX RECEPTACLE FLOOR MOUNTED D I I TA T I -LUMUNAIRETYPE(UNDERLINED) =DOOROPENER DRYERRECEPTACLE FDA I DUTTONSTATION RE 160OLM IE IIENT "' DONY LUMUNAIRED E��, OF POLE_RENEM_FOR KEYED ON OFF lu ELECTRIC RANNE RECEPTACLE 11A I POLE PHUNUTRIP UNNUN I TYPICAL LUM INAIRE........... ,WIRE MENA 1�'OR IT I IINIA MVC`SLS F,UNT A BCAENTEoREMD SO E EPECAL RECEPTACLE AD MIRROR CONTR NOTED FWTC CONDH CONCEALED UNLE.NOTED FIREAULARM DELL LITHONIA ONO 1311TIM 2 1 SUSPENSION HOELP 112 CWITH 1-12 IF NOTDEFINED OUlu DWITCH TYPE � jH'OMCEWUTNPT'0.jPANENoXT PANEL D-CIRCHT NUMBER 2 DEF INE LITHONIA LRNR 11 LUTULM 8 CEILING ✓IP=UIPMENT"PHOWN) EAU PMENT DIA F CONNECT UNDER.ROUND CONDUIT CONNECT ONE LFMC UOUNK D -CH-H- OVERHEAD PRIMARY DIETRIDUT ION IN A — FOUNUL AN B -E-E- UNDER.ROUND PRIMARY DIETRICUTION o NA LS A AD T 3600KD3000L OF E.HP M ENT TA.(UNDERLINE D) FLEXIBLE CO NDUIT IRE AD PHOWN �L TH 20 CONDUIT IF. L I N A I I N 11 C KSP� 11 IN 11 ROUND A B X D XTERIORWALL RUEET NOTED �v AFERAY 1 1 SOL EXTERIOR ELECTRICAL E.IPMENT RHALL RE N- 2 SOL ELECTRICAL E.—ARE 10.1 RATED ION I I SOL INTERIOR ENILODURED ARE NEMA1 ION I I - r� AT ------------OR RHOD NX DRIBMENT IN AN FARE=A012 I E N I LOSE I RE D I JA01 1 ofrk 01A 1 _E r '11 COINED I IT MIKE T2 22.1 1 - —— I I1 EI 35%DESIGN VEMFYSCALE f IOAX -K� Food 2- E,N. 'T! NOX .OA 4NOV T ITEPONEE I HE AD 4NOY DAYI 20V hull ,TO DER IF 22111 0 SHINTIRID -A,`[� 400C I 2TO 4N01Y2-'R"A2OV hull W LL 20NVA �FOWERONE-LINEDIAGRAM E, E DO Re 0 wo R 273 JAOI 01A ril r A, OAslfko 35%DESIGN VE—SCALE C) aO LL wo A B c D I TN,1,1,1,"IT IN 11-N IN T11 1=1TI'T"N IITI,"�,I�NINNT T eceeou�o we 11 T&N'10T"INl Il- 'T_T T I Nl"l 1INTI-11 TI T. 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CLIENT: City of Seward Task: B Public Works Facility-65% Design Project No: 2734.25.03 06/23/23 LABOR HOURS PER JOB CLASSIFICATION Project Site Utilities Utilities Site Staff Structural SUB-TASK SUB-TASK DESCRIPTION Project Project Staff Manager Engineer Engineer Engineer Engineer Design Prof 5 Prof 3 Prof 3 Prof 3 Prof 3 Eng 2 Project Management and Coordination 59 8 8 Cover, Notes, Legend,etc. 4 8 Existing Conditions, Demo Plan 4 8 Site Plan 8 24 Site Sections 4 12 Roadway Plan, Profiles,Sections 8 40 Site Grading and Layout 24 80 DOT Approach Road Permit(See Notes) 16 40 Overall Utilities Plan 4 4 16 8 Storm Drainage Drawings 8 4 24 Water Service Plan and Profiles 1 4 8 Sewer Service Plan and Profiles 1 4 8 Water Main Plan and Profiles 1 8 16 Sewer Main Plan and Profiles 1 8 16 Civil and Utility Details 4 8 24 40 General Conditions&Specifications 16 4 8 8 Foundation Section and Details PEMB Specification Calculation package QC Review of Deliverables 2 4 4 4 4 Client review,respond to review comments 2 8 8 2 2 TOTAL LABOR HOURS 63 124 64 102 298 0 LABOR RATES($/HR) $225.15 $171.00 $171.00 $114.00 $91.20 $148.20 LABOR COSTS($) $14,184 $21,204 $10,944 $11,628 $27,178 $0 EXPENSES COMMENTS: 1. DOT Approach Permit to include compiling DESCRIPTION QUANTITY UNIT PRICE MARKUP TOTAL permit package required supporting PRICE PRICE documentation, coordinating with DOT, attending Misc. Field Supplies $ 150.00 $ - $ $ - review meetings, responding to review comments. R&M Vehicle Milage 512 $ 0.75 $ 384.00 $ $ 384.00 Traffic Impact Analysis Report is assumed not $ _ $ $ _ required and is not included. $ $ $ 2. Two site visits(this phase)to Seward included $ $ $ in estimate. TOTAL EXPENSES $ 384 SUB-CONTRACTORS TASK DESCRIPTION FIRM TOTAL PRICE Architectural Design KPB $ 19,754 TOTAL LABOR $ 85,138 Electrical&Mechanical,Structural CRW $ 103,560 TOTAL EXPENSES $ 384 Construction Cost Estimate 65% HMS $ 10,949 SUBCONTRACTORS $134,263 SUBCONTRACTORS MARK-UP $ 13,426 TOTAL SUB- $ 134,263 TOTAL T&E COST $233,211 6/22/2023 TO 25.03 R&M Fee Proposal - New Public Works Facility 11 - 65% Design 1 of 1 From: David Popiel To: Don Porter Cc: Carlie Douglas; maprozeralik Subject: RE: City of Seward-Public Works Facility-65%Design Request Date: Wednesday,June 21, 2023 8:56:44 AM Good morning Don, This is great news, it's been a pleasure working with the R&M team and the City of Seward on the Public Works building and we are excited to continue the work. In the notes below, I've outlined what we've spent so far and our proposed fee adjustment for the Design Development phase. Please review and let me know if you have any questions. • Schematic Design Fee Consumption: 36% a SD Fee: $108,390 • SD Billings: Approximately$39,000 (this will become a specific number once we get through the sand shed in the next week or so) • Design Development Fee Adjustment: a SD Remaining Fee: —$69,390 • DID Arch Design Fee Increase: $19,754 a Total DD Design Fee: $89,144 Let me know if you have any questions or would like to discuss further. Thanks, David Popiel, AIA, LEED AP Senior Architect KPB ARCHITECTS 500 L Street Suite 400 1 Anchorage AK 99501 p 907.770.4315 1 c 303.518.4022 From: Don Porter<dporter@rmconsult.com> Sent: Thursday,June 15, 2023 9:00 AM To: David Popiel <dpopiel@kpbarchitects.com>; tmckeon <tmckeon@crweng.com>; ihofmann <ihofmann@crweng.com>; nchoromanski <nchoromanski@crweng.com> Cc: Carl Hall <chall@rmconsult.com>; Morgan Welch <mwelch@rmconsult.com> Subject: [EXT] City of Seward - Public Works Facility- 65% Design Request Importance: High Al I, I would like to express my sincere appreciation for the high quality work and quick responses to the requests from R&M and the City for the work on this Task Order project. The City of Seward has requested we provide a 65% Design task proposal, to begin in July. As part the original request for a full design fee, we have a first draft of this proposal. 280 Since we have completed a good portion of the 35% Design task, it would be good to: a. Report how much of the approved fee for the 35%task has been consumed b. Adjust our 65% proposed fees as necessary Stephen Sowell has requested that R&M address the City Council on JUly 10th to present high level results of the 35% Design Task and Cost Estimate, as well as discuss the 65% Design proposal. Please send over your budget reports and 65% Design fee proposals ASAP so we can provide a proposal to the City by the end of next week. Thank you all for your efforts Respectfully, Don Donald R. Porter, P.E. Group Manager- Utilities R&M CONSULTANTS, INC. 19101 Vanguard Drive I Anchorage, Alaska 99507 907.646.9603 direct 1907.223.0242 mobile Facebook I Linkedln I rmconsult.com Innovating TodayforAlaska's Tomorrow 281 rGRw ENGINEERING GROUP June 20, 2023 R&M Consultants, Inc 9101 Vanguard Drive Anchorage, Alaska 99507 Attn: Donald Porter, P.E. Re: City of Seward New Public Works Facility Design—65% M+E and Structural Design Proposed Scope & Fee - Revised Dear Mr. Porter, CRW Engineering Group is pleased to offer our proposal to provide mechanical, electrical, and structural engineering services in support of R&M Consultants' project for the City of Seward's new Public Works Facility. Our understanding is scope of work will be from the 35% schematic design and cost estimate to the 65%design development submittal phase. SCOPE OF SERVICES CRW Engineering Group proposes to provide the following tasks for mechanical, electrical, and structural engineering services for this project. 1) Mechanical design to include heating,ventilation, plumbing, and fuel oil distribution systems for the new facility. 2) Electrical design to include internal power distribution, internal and external lighting, internal telecom design, provisions to connect to utility telecom and power, generator sizing, roof solar power design, hazardous location plans, and electrical site layout for the new facility. 3) Structural design to include foundations for the pre-engineered metal buildings (PEMBs)for the Publics Works Facility, and the Sand Storage building, and design for the free-standing canopy structure at the Publics Works Facility main entrance. Structural design also include coordinating the PEMB performance specifications. 4) Attendance at design coordination meetings and review of construction cost estimates. DELIVERABLES The following deliverables will be provided: • 65% Design Submittal—Drawings in PDF Format, Design Narrative, and Outline Specifications SCHEDULE CRW is prepared to begin following the approval of the 35% design and cost estimate. FEE CRW proposes to complete these services on a time and expenses basis in accordance with the attached Fee Proposal. The estimated cost for the Basic Services tasks is$103,560. Anchorage Office: 3940 Arctic Blvd. Suite 300,Anchorage,AK 99503 1 (907)562-3252 fax(907)561-2273 Palmer Office: 808 S. Bailey St. Suite 104, Palmer,AK 99645 1 (907)707-1352 www.crweng.com 282 June 20, 2023 City of Seward New Public Works Facility Design—65% M+E and Structural Design Proposed Scope& Fee- Revised Assumptions made in preparing this proposal are as follows: 1) Solar power panels may be located on the roof of the building. CRW will evaluate ideal panel layout and estimate electricity to be generated from the solar panels. Solar power system will not backfeed to utility. 2) CRW will design the lighting system based upon the usage of Power Over Ethernet (POE) lighting, based on products readily and commercially available in Alaska, and locally supported. The POE lighting shall be able to be integrated into the Building Automation System. 3) The generator and fuel tank will be located outside, and the only Hazardous Location is the garage bays. 4) Others will select open office furniture or will inform CRW if the furniture is hardwired or connects to a receptacle. 5) Cable tray will be used to the full extent possible to minimize raceway costs and support future changes. 6) Fire Alarm design or specifications are included as performance based specifications. 7) PEMB design and reactions will be provided by the PEMB manufacturer. We look forward to assisting the R&M Consultants with this effort. If you have any questions or comments regarding this proposal, please don't hesitate to contact me. Sincerely, CRW Engineering Group, Inc. PZ& 1�4, 134V Pete Bellezza, P.E. Principal/Civil Engineer Phone: (907) 646-5640/email: pbellezza@crweng.com 2of2 283 File:TaskC_Public Works Building M+E DesignAs Tab:65%Design Fee R&M Consultants,Inc. CONTRACT FEE PROPOSAL-City of Seward Public Works Building M+E Design Name,Rate&Projected Hours CRW Engineering Group,LLC Cost$ X > x = x = BASIC SERVICES > 6/20/2023 X w w w a' 61 w w x U U U W W M (6 (6 N L E L E L E U U ! 'C C E S S E Total w w w u) U) F ¢ CRW Total Total Task&Subtask Description $250 $240 $200 $160 $240 $160 $230 $190 $180 $150 1$110 1 Labor Expenses Subtask Task Project Management&Coordination Project Management and Coordination 4 4 4 $2,400 $50 $2,450 Kickoff Meeting and Coordination Meetings 3 3 3 3 $2,730 $50 $2,780 Total Task: 4 7 3 0 3 0 3 0 0 0 4 $5,130 $100 $5,230 $5,230 35%Design Submittal Mechanial Design Electrical Design Structural Design Review Design Narrative and Calculations Independent Quality Assurance/Quality Control Attend Review Meeting(Virtual) Review&Respond to Owner Review Comments Total Task: 0 0 0 0 0 0 0 0 0 0 0 65%Design Submittal Mechanial Design 8 50 90 $26,320 $530 $26,850 Electrical Design 16 70 $15,040 $300 $15,340 Structural Design 20 80 24 $24,120 $480 $24,600 Specifications 4 12 4 4 16 8 $9,360 $190 $9,550 Design Narrative and Calculations 4 6 1 8 $3,280 $70 $3,350 Independent Quality Assurance/QualityControl 10 8 8 $6,160 $120 $6,280 Review Construction Cost Estimate 2 2 2 2 2 $2,140 $40 $2,180 Attend Review Meeting(In Seward) 12 12 12 $7,560 $580 $8,140 Review&Respond to Owner Review Comments 2 2 2 2 2 $2,000 $40 $2,040 Total Task: 0 38 70 102 33 110 50 80 24 0 0 $95,980 $2,350 $98,330 $98,330 95%Design Submittal Mechanial Design Electrical Design Structural Design Specifications Design Narrative and Calculations Independent Quality Assurance/Quality Control Attend Review Meeting(Virtual) Review&Respond to Owner Review Comments Total Task: 0 0 0 0 0 0 0 0 0 0 0 IFC Submittal Mechanial Design Electrical Design Structural Design Review Specifications Review Construction Cost Estimate Independent Quality Assurance/Quality Control Compile IFC Documents Total Task: 0 0 0 0 0 0 0 0 0 0 0 TOTAL BASIC SERVICES: 4 45 73 102 36 110 53 80 24 0 4 $101,110 $2,450 $103,560 $103,560 Notes and Assumptions: 1)Scope consists of assisting with development of a new City of Seward Public Works Building on a pre-selected lot. 2)CRW Scope includes: a)Participation in Coordination Meetings and Review of third party cost estimate b)Preparation of Mechanical,Electrical,and Strucutral Design Documents 3)Individual Submittals include: a)35%Design-Drawings,Design Narrative,and Code Analysis b)65%Design-Drawings,Outlines Specifications&Construct Cost Estimate c)95%Design-Drawings and Specificaitons d)100%IFC Contract Documents&Construction Cost Estiamte 4)Cost Estimating will be provided by others. 284 CRW Engineering Group,LLC Page 1 of 1 Date:620/2023 Resolution 2023-077 Authorizing The City Manager To Enter Into A Contract With Electric Power Systems, Inc. (EPS) To Provide Engineering Design Services For The Refurbishment And Voltage Capacity Upgrade Of The Lawing Substation At Milepost 25 Of The Seward Highway In A Not-To-Exceed Amount Of $175,972 And Appropriating Funds Documents: • Agenda Statement • Resolution 2023-077 • Proposal from Electric Power Systems (EPS) 285 City Council Agenda Statement Meeting Date: July 10, 2023 To: City Council Through: Norm Regis,Acting City Manager From: Rob Montgomery, General Manager Electric Subject: Resolution 2023-077:Authorizing The City Manager To Enter Into A Contract With Electric Power Systems, Inc. (EPS) To Provide Engineering Design Services For The Refurbishment And Voltage Capacity Upgrade Of The Lawing Substation At Milepost 25 Of The Seward Highway hi A Not-To-Exceed Amount Of$175,972 And Appropriating Funds Background and justification: This refurbishment and voltage upgrade project is a component of the larger transmission infrastructure rebuild project currently underway. The work will include a nearly complete rebuild of the Lawing Substation with new transformers, circuit breakers and related equipment. The substation's voltage capacity will also be increased from 69kV to 115kV. Since it's another key part of the overall infrastructure project, it's critical that this work stay on schedule. EPS has provided the City with engineering design services and maintenance support for approximately 45 years. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with(citation listed): Comprehensive Plan: 3.7.1.4 "Continue to upgrade and expand utilities to meet existing needs and encourage future development." Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ 175,972 This legislation(✓): Creates revenue in the amount of $ x Creates expenditure in amount of $ 175,972 Creates a savings in the amount of $ Has no fiscal impact Funds are (✓): Budgeted Line item(s): x Not budgeted 15340-0000-8103 Not applicable Fund Balance Information 286 Affected Fund (✓): General SMIC x Electric Wastewater Boat Harbor Parking Water Healthcare Motor Pool X Other 15340-000-8103 Note:amounts are unaudited Available Fund Balance: $5,934,605 Finance Director Signature: Attorney Review RxYes Attorney Signature: Not applicable Comments: Administration Recommendation x Approve Res. Other: 287 Sponsored by: Regis CITY OF SEWARD,ALASKA RESOLUTION 2023-077 A Resolution Of The City Council Of The City of Seward,Alaska,Authorizing The City Manager To Enter Into A Contract With Electric Power Systems, Inc. (EPS) To Provide Engineering Design Services For The Refurbishment And Voltage Capacity Upgrade Of The Lawing Substation At Milepost 25 Of The Seward Highway In A Not-To-Exceed Amount Of $175,972 And Appropriating Funds WHEREAS, the refurbishment of the Lawing Substation is a component of the Electric Department's overall transmission infrastructure rebuild project; and WHEREAS, the refurbishment will also result in the substation's voltage capacity being upgraded from its existing 69kV to 115k; and WHEREAS, engineering design of the Lawing Substation is important to ensure the completion of the substation construction stays within the timeline of the overall infrastructure proj ect; and WHEREAS, EPS has provided engineering design and maintenance support services to the City's Electric Department for approximately 45 years; and WHEREAS, the completion of this important substation work, along with the completion of the overall transmission infrastructure project, will help improve system reliability for up to 40 years. 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 Electric Power Systems, Inc. to provide engineering services for the refurbishment and voltage capacity upgrade of the Lawing Substation. Section 2. Funding in the not-to-exceed amount of$175,972 is hereby appropriated from Electric Fund Unassigned reserves account 15000-0000-3710-0000-15340 and transferred to Fund 15340-0000-8103 Capital Equipment Expense account. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this the IOth day of July 2023. 288 CITY OF SEWARD,ALASKA RESOLUTION 2023-077 THE CITY OF SEWARD,ALASKA Sue McClure, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk (City Seal) 289 3305 Arctic Blvd Suite 201 pleetrie Paver SystemsAnchorage, AID 99503 Consulting Engineers inc Ph: (907) 523-3101 Fax: (907)522-1182 Email: dbuss@epsinc.com Attn: Rob Montgomery June 2, 2023 City of Seward Subject: Lawing Substation Engineering Proposal Dear Mr. Montgomery, Electric Power Systems, Inc. ("EPS") is pleased to present the City of Seward ("Seward") with a proposal for engineering services for the design to upgrade the Lawing Substation to 115kV, It is our understanding Seward desires to upgrade the existing 69kV line to 115kV and replace the existing 20MVA 115/69/12.5kV transformer with a 115kV pass-through. The 2.5MVA 12.5/25kV step up transformer will be replaced with a 4.6MVA 115/25kV transformer tapped off the 115kV pass-through. The 20MVA transformer will be repurposed at the Spring Creek Substation. The following summary and costs represent our understand i,ig of the scope of work for this project. 1.Preliminary Design After a kickoff meeting with Seward, EPS will begin producing a detailed design of the substation. This task includes all labor, materials, and other costs required to complete the preliminary design and create a package that will identify all known equipment and material requirements. This preliminary design work will identify long lead equipment and materials for construction of the substation. Design drawings will be completed to the point of material identification and solicitation. We estimate these drawings will be 65%complete following this phase of the project. 2.Equipment Procurement Assistance This task includes the preparation of specifications necessary to procure long lead items that will be Seward furnished. It also includes providing engineer's estimates for owner-furnished materials and equipment, technical assistance during bidding phases, technical evaluation of bids, and review of vendor calculations, shop drawings, and other submittals. 3. Final Design Following Seward review of the preliminary design, and receipt of preliminary drawings from all long lead equipment vendors, we will begin incorporating comments into a final design. The final design will provide sufficient detail for construction, maintenance, operation of the substation and safe retirement of old equipment. Drawings will include detailed material lists that specify quantities,and when applicable. an acceptable manufacturer and catalog number. ELECTRIC POWER SYSTEMS, INC. 3305 Arctic Blvd., Suite 201 •Anchorage,AK 99503 Ph: (907)522.1953 Fax:(907) 2.1182 • Email: eps@epsinc.com DELIVERABLES Our understanding of the deliverables are as follows: 1. 65% design package includes design drawings for review and oversight by Seward. 2. Final design package to include construction ready drawings. 3. Construction drawings to include site development, foundation, raceway, lighting, grounding, fence, getaways, station service, and auxiliary electrical systems to form complete substations as requested. SCHEDULE EPS can commence work on this project within three weeks of receiving a notice to proceed. Final construction drawings will be provided within 3 months of final review of 65% design . COST We propose performing these services on a fee schedule basis using the enclosed fee schedule. We estimate our not-to-exceed cost, including 20%contingency, for these services to be $175,972. Below is a summary breakdown of costs: TASK DESCRIPTION Subtotal TOTAL COST(with contingency) 1 Preliminary Design $100:052 $ 120,063 2 Equipment Procurement Assistance $8,996 $ 10,796 3 Final Design $37,594 $45,113 TOTAL $ 146,642 $ 175,972 ELECTRIC POWER SYSTEMS, INC. 3305 Arctic Blvd., Suite 201 • Anchorage, AK 99503 Ph: (907)522.1953 • Fax: (907)2'b32.1182 • Email: eps@epsine.com CLARIFICATIONS We are providing the following clarifications based on our understanding of the scope of work. The following items are not included in this proposal. • Construction engineering. • Permitting or right-of-way services. • Construction management/supervision. • Equipment settings, device software configuration, testing, and commissioning. • Geotech and ground resistance testing were provided under separate contracts in October 2021. Thank you for your consideration and feel free to contact me at(907) 523-3101 with any questions you may have. Thank you, -p David Buss Rob Montgomery Electric Power Systems, Inc. Electrical Utility Director (907) 523-3101 City of Seward- Electric Department ELECTRIC POWER SYSTEMS, INC. 3305 Arctic Blvd., Suite 201 •Anchorage,AK 99503 Ph: (907)522.1953 • Fax: (907) 2.11 82 • Email: eps@epsinc.coln Resolution 2023-078 Authorizing The City Manager To Enter An Independent Contractor Agreement With Rob Montgomery And Appropriating Funds Documents: • Agenda Statement • Resolution 2023-078 • Independent Contractor Agreement • Letter of Resignation 293 City Council Agenda Statement Meeting Date: July 10, 2023 To: City Council From: Norm Regis,Acting City Manager Subject: Resolution 2023-078: Authorizing The City Manager To Enter An Independent Contractor Agreement With Rob Montgomery And Appropriating Funds Background and justification: Montgomery, as the current general manager of the City's electric utility, has given the City his resignation effective August 2, 2023, to begin performing energy and communications consulting services. Rob has served as the City's Electric Utility Director since January 2020 and has done a tremendous job during this time period. Rob has worked for several large utility companies in the United States and has over 20 years of industry experience.Montgomery has proposed a consulting agreement with the City to continue managing the electric utility beginning August 3, 2023, through December 31, 2023, as the City determines how to best restructure its electric utility for the future. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with(citation listed): Comprehensive Plan: Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: S 111,530.00 This legislation(✓): Creates revenue in the amount of: $ x Creates expenditure in amount of: $ 111,530.00 Creates a savings in the amount of: $ Has no fiscal impact Funds are (✓): Budgeted Line item(s): 15000-3000-7009 x Not budgeted Not applicable Fund Balance Information Affected Fund(✓): General SMIC x Electric Wastewater Boat Harbor Parking Water Healthcare Motor Pool Other Note:amounts are unaudited 294 Available Fund Balance $ 5,9 44,605 el Finance Director Signature: _ ,fir 40 Attorney Review Iq Yes Attorney Signature: Sam Severin 7/3/2023 Not applicable Comments: Administration Recommendation rq Approve Res. Other: 295 Sponsored by: Regis CITY OF SEWARD,ALASKA RESOLUTION 2023-078 A Resolution Of The City Council Of The City Of Seward,Alaska,Authorizing The City Manager To Enter An Independent Contractor Agreement With Rob Montgomery WHEREAS,Rob Montgomery submitted his resignation as an employee of the City of Seward on July 3, 2023; and WHEREAS, Montgomery will continue to work in Seward through the duration of the contract; and WHEREAS, Montgomery, as the current general manager of the City's electric utility, has given the City his resignation effective August 2, 2023, to begin performing energy and communications consulting services; and WHEREAS, Montgomery has more than 20 years of experience in the electric utility industry and has served as general manager of Seward's electric utility for the past 2.5 years; and WHEREAS, Montgomery has proposed a consulting agreement with the City to continue managing the electric utility beginning August 3, 2023 through December 31, 2023, as the City determines how to best restructure its electric utility for the future, and WHEREAS,the rate of pay provided for in this contract is in line with industry standards given that no benefits are included in the compensation package; and WHEREAS,the City desires to contract with Montgomery for this purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is authorized to enter into an Independent Contractor Agreement with Rob Montgomery. Section 2. Funding in the amount of$111,530.00 is appropriated from Electric Enterprise Fund Unassigned Account number 15000-0000-3400 to Contracted Services Account Number 15000-3000-7009. Section 3. This resolution is effective upon adoption. 296 CITY OF SEWARD,ALASKA RESOLUTION 2023-078 PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this IOth day of July, 2023. THE CITY OF SEWARD,ALASKA Sue McClure, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk (City Seal) 297 INDEPENDENT CONTRACTOR AGREEMENT The parties to this Independent Contractor Agreement ("Agreement") are Robin (Rob) V. Montgomery ("Montgomery") and the City of Seward (the "City"). WHEREAS, Montgomery, as the current general manager of the City's electric utility, has given the City his resignation effective August 2, 2023, to begin performing energy and communications consulting services; and WHEREAS, Montgomery has more than 20 years of experience in the electric utility industry and has served as general manager of Seward's electric utility for the past 2.5 years; and WHEREAS, Montgomery has proposed a consulting agreement with the City to continue managing the electric utility as the Acting General Manager beginning August 3, 2023, through December 31, 2023, as the City determines how to best restructure its electric utility for the future, and WHEREAS, the City desires to contract with Montgomery for this purpose. NOW, THEREFORE, the City of Seward and Montgomery agree as follows: i. Professional Services Montgomery will fill the Acting Electric Utility Manager position for the City of Seward for an indefinite period, not expected to exceed six months. Montgomery will be bound by all rules, policies, procedures, and ordinances about the position and its duties, including, but not limited to, City ordinances, state and federal law, City of Seward Electric Utility policies, rules and procedures, and national electrical safety standards and codes (e.g., the National Electrical Safety Code and the National Electric Code where they pertain). Montgomery shall be directly supervised by the City Manager and shall have such authority and responsibilities as may be delegated by the City Manager, consistent with City Code. Montgomery will continue to represent the Seward Electric System and, as such, the City of Seward in the state, federal, and Railbelt utility industry groups including, but not limited to, Railbelt Reliability Council, Railbelt Utility Managers Council, Bradley Lake Project Management Committee, Alaska Power Association and the Northwest Public Power Association. 1 298 2. 1 ndependent Contractor Status It is the intent of Montgomery and the City that Montgomery is and should be classified as an independent contractor and not an employee of the City. As such, Montgomery is entitled to no additional or procedural due process as may be applicable to City employees. Montgomery agrees to provide the City with the appropriate tax identification information and assumes responsibility for reporting and withholding any and all income taxes. 3. Compensation Montgomery will invoice the City for his services at the rate of four thousand, six hundred and fifteen dollars ($4,615.00) per workweek. Montgomery shall not bill the City for any week in which no work is performed. Also, upon submission of invoices, the City agrees to reimburse Montgomery for actual incurred living expenses (to include rent and utilities) not to exceed $2,000.00 per month. The City shall provide Montgomery the use of a utility vehicle during normal business hours in Seward or for any utility business outside of the Seward service area (to include work activities outside normal business hours, if needed) during the term of this contract and shall be responsible for the costs of vehicle insurance, fuel, and required maintenance. Montgomery shall comply with all City policies and procedures regarding the use of City-owned or leased vehicles. 4. Conflict of Interest Montgomery will devote full-time efforts to the position. Montgomery may accept or continue employment for other business entities during the term of this Agreement subject to meeting the performance obligations herein. In the event Montgomery learns of a potential conflict of interest, whether actual or perceived, Montgomery shall provide written notice of said conflict to the City Manager as soon as practical upon learning of the potential conflict. 5. Termination The City may terminate this Agreement at any time upon written notice. Upon termination, Montgomery shall be paid through the last day worked on a pro-rata basis, and reimbursed for actual living expenses incurred, for a period not to exceed the end of the month in which termination occurs, and actual penalties if any, for termination of any rental agreement. Montgomery shall provide the City thirty (30) days written notice of his intent to terminate the Agreement; the City, at its election, may continue to retain Montgomery's services or terminate the Agreement effective immediately. In the event of such 2 299 termination, Montgomery shall be entitled to compensation and reimbursement as stated herein, but no other benefits. 6. Assignment Contractor may not assign or delegate this Agreement, or any part of it, except with the prior consent of the City. 7. Severability Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited by or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 8. Choice of Law and Forum Any controversy or claim arising out of or related to this Agreement or the breach thereof shall be governed by the laws of the State of Alaska, and the venue for any legal proceedings thereon shall be the Superior Court for the State of Alaska, Third Judicial District, at Seward, Alaska. 9. Voluntary Execution Montgomery represents and acknowledges that prior to signing this Agreement, he has read the Agreement, understands its terms, conditions and provisions, and has voluntarily executed this Agreement without coercion. Montgomery additionally represents that he has had an adequate opportunity to consider entering into this Agreement, and if so desired, to discuss the terms conditions and provisions of this Agreement, as well as all related legal consequences, with an attorney of his choice. 10. Entire Agreement This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the performance of services by Montgomery, and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise. have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise not 3 300 contained in this Agreement shall be valid or binding. Any modification of this Agreement will be effective only if it is in writing signed by the party to be charged. DATED: Norm Regis Interim City Manager City of Seward DATED: Rob Montgomery 4 301 Main Office:(907)224-4050 CITY OF SEWARD Police:(907)224-3338 + Harbor:(907)224-3138 P.O. BOX 167 • Fire: 9907)224-3446 SEWARD, ALASKA 99664-0167 0 City Clerk:(907)224-4045 + Fngineering:(907)224-4049 + Utilities:(907)224-4050 + Fax.:(907)224-4038 July 3, 2023 Norm Regis Interim City Manager 410 Adams Street Seward, AK 99664 Dear Norm: As a follow-up to our conversation, this letter is an official notification to the City of Seward of my resignation from the position of General Manager of the Seward Electric System, effective August 2. When I accepted this role 2.5 years ago, my goals were simple: improve the culture within the utility through leadership, accountability and communication; build positive relationships within the City and community; and identify and complete the priorities that would improve service and reliability for our customers. While we have not achieved everything I would have liked, our accomplishments have been many, including but not limited to: o Cleared long-neglected transmission rights of way, resulting in a nearly 75 percent reduction in power outages; c Acquired $10 million in financing to help rebuild a deteriorating transmission system and refurbish the utility's three electric substations; o Opened up interconnections on the Seward electric system and established rebates and credits for customers generating with alternative energy; o Completed a cost-of-service rate study in 2021 that eliminated special contracts and created an industrial classification for Seward's largest power users; o Renegotiated Seward's power supply contract with Chugach Electric Association in 2021, a contract that was intended to be renegotiated in 2016; c Renegotiated the utility's union contract in 2022 with the International Brotherhood of Electrical Workers; o Outsourced several of the City's billing functions to offset department instability caused by a difficulty in hiring and retaining employees; o Extended service to a half-dozen customers in the Camelot community, including two or three who had lived in the area without power for nearly 40 years; o Created a Facebook page for the utility to keep customers better informed on power outages as well as key projects and initiatives; a Expanded safety and service-related information for customers on the utility's website; o And, assisted in acquiring a grant for the installation of the City's first public electric vehicle charging station at the Seward Chamber of Commerce. 302 • Main Office:(907)224-4050 CITY OF SEWARD • Poke:(907)224-3338 • Harbor:(907)224-3138 P.O. BOX 167 • Fire: 9907)224-3446 SEWAR©, ALASKA 99664-0167 _ city Clerk:(907)224-4045 • Engineering:(907)224-4049 • Utilities:(907)224-4050 • Fax:(907)224-4038 Reflecting on these many accomplishments, I take some satisfaction in knowing the electric utility is in better shape today than it was upon my arrival. However, as discussed on numerous occasions in recent months with you, the Council and the community, Seward's electric utility is facing an uncertain future. To ensure affordable rates and long-term energy security for those who live and work here, the Council will be challenged with critical decisions in the coming months. If the Council has questions of me as they work to make these decisions, I will do my best to make myself available. Finally, I want to thank you and the Council for your support and the opportunity I have had to serve this community. During my time here, I have made acquaintances and built friendships that I will carry with me into the future. Sincerely, Rob Montgomer General Manager Seward Electric System rmontgomery(&ci ofse_ward.net (907) 224-4071 303 Resolution 2023-079 A Resolution of the City Council of the City of Seward, Alaska, Approving the Lawful Action to Bring Suit Against The Owner Of An Abandoned Vessel, The L I SA JD, In An Amount Not to Exceed $10,000 Documents: • Agenda Statement • Resolution 2023-079 304 City Council Agenda Statement Meeting Date: July 10, 2023 To: City Council From: Norm Regis, Acting City Manager Subject: Resolution 2023-079: Approving the Lawful Action to Bring Suit Against An Abandoned Vessel, the LISA JD, and Appropriating Funds in an amount Not to Exceed $10,000 Background and justification: The City of Seward leases a parcel of tidelands from the State of Alaska. The LISA JD is a vessel that is located on that parcel and is believed to be derelict and abandoned. It is unclear how or when the vessel arrived on the property, but it is clear that it has not moved in several years. It is a hazard and unauthorized in its current location. The City has communicated with the owner of the vessel multiple times, requesting it be moved. The owner has not made any substantial efforts to relocate the vessel. The objective of communication with the owner has been to move the vessel. Alaska common law permits a trespass claim against a person who makes an unauthorized entry upon the property of the claimant. Seward City Code 10.15.015 permits the City to dispose of abandoned property. Alaska Statute 09.45.230 et seq. provides for an action against private nuisances. AS 30.30.010 et seq. provides for the impoundment and removal of derelict vessels. These statutes would permit the City to exercise its authority to remove or dispose of the vessel. The vessel needs moved. It is clear that the owner is unable or unwilling to move it, despite being given ample time and opportunities to do so. A lawsuit is necessary for the City to exercise its statutory authority to remove the vessel. City Administration requests City Council approval to take legal action to ensure that the vessel can be moved and compliance with City Code and Alaska Statutes achieved. SCC 10.15.015 - Disposal of abandoned or stolen property; returning unclaimed property to finder. B. Other abandoned property. Any other abandoned property which is not turned over to the police department may be disposed of by the city manager in the following manner: The city manager or his deputy shall first determine whether or not the property is in fact abandoned property. If the property has been abandoned, and appears to have some value, it shall be disposed of at public auction in the same manner as provided in subsection (a) for property in the possession of the police department. If the property is not sold at public auction, or if the city manager shall determine that it is valueless and not sellable at public auction, it shall be disposed of as rubbish. (Ord. 378, 1971; Ord. 382, 1971) Page 1 of 3 305 AS § 09.45.230 Action based on private nuisance (a) A person may bring a civil action to enjoin or abate a private nuisance. Damages may be awarded in the action. AS § 09.45.255 Definition of nuisance In AS 09.45.230--09.45.255, "nuisance" means a substantial and unreasonable interference with the use or enjoyment of real property, including water. AS § 30.30.010 Abandonment of vessel unlawful (a) A person may not store or leave a derelict vessel (1) on the waters of the state or on state or municipal property without the consent of the state agency or municipality having jurisdiction over the water or property; or (2) at any private property without the consent of the owner of the property. (b) Except as provided under AS 30.30.110--30.30.150, a state agency, municipality, or peace officer may impound a derelict vessel subject to this chapter. . . (f) A person who violates this section, upon conviction, is guilty of a misdemeanor and is punishable by one or more of the following: (1) a fine of not less than $5,000 or more than $10,000; (2) imprisonment for a period of not more than 90 days; (3) forfeiture of the person's vessel. AS § 30.30.015. Civil penalties (a) The department, a municipality, or an aggrieved person may institute a civil action against a person who violates AS 30.30.010. In addition to injunctive and compensatory relief, a civil penalty of not more than $1,000 may be imposed for each violation. An action to enjoin a violation may be brought notwithstanding the availability of any other remedy. On application for injunctive relief and a finding that a person has violated AS 30.30.010, the superior court may grant the injunction. Each day that a violation occurs constitutes a separate violation. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 2.1, 2.2 Community Vision and Values Strategic Plan: Other: Certification of Funds Page 2 of 3 306 Total amount of funds listed in this legislation: $ 10,000 This legislation (✓): Creates revenue in the amount of: $ Creates expenditure in amount of: $ Creates a savings in the amount of: $ Has no fiscal impact Funds are (✓): Budgeted Line item(s): 11000-2000-7006 ✓ Not budgeted Not applicable Fund Balance Information Affected Fund (✓): General SMIC Electric Wastewater ✓ Harbor Parking F1 Water F1 Healthcare Motor Pool Other Note: amounts are unaudited Available Fund Balance $ Finance Director Signature: " Attorney Review ✓ Yes Attorney 74-4 Signature: Not applicable Comments: Administration Recommendation H Adopt Res. Other: Page 3 of 3 307 Sponsored by: Regis CITY OF SEWARD,ALASKA RESOLUTION 2023-079 A Resolution of the City Council of the City of Seward,Alaska,Approving the Lawful Action to Bring Suit Against the Owner of an Abandoned or Derelict Vessel on City Tidelands and Appropriating Funds in an Amount Not to Exceed $10,000. WHEREAS,the City leases the tideland property known by the legal description THAT PTN WITHIN SECTION 1-3 EXCL SEWARD ORIGINAL TOWNSITE WATERFRONT PARK REPLAT AND EXCL THAT PORTION OF THE SEWARD AIRPORT KNOWN AS THE AVIGATION& HAZARD EASEMENT AREA AND ECL PTN KNOWN AS THE ALASKA RAILROAD TERMINAL RESERVE IN SEWARD and located at T1S R1W SEC 1- 3 ALASKA TIDE LAND SURVEY#174 AMENDED PLAT #55 from the State of Alaska; and WHEREAS, A vessel known as the LISA JD is currently located on that leased property and believed to be inoperable; and WHEREAS, abandonment of the vessel on city property is a trespass, violates Alaska Statute 09.45.230 (Private nuisance), violates Seward City Code § 10.15.015 and other city ordinances and is subject to fines and removal pursuant to Alaska Statutes, Title 30, Chapter 30; and WHEREAS, the vessel owner was formally notified of the need to remove vessel in October of 2022, on January 13, 2023, March 17, 2023 and May 15, 2023; and WHEREAS, the Harbormaster and the City Attorney have also informally discussed removal of the vessel with the vessel owner; and WHEREAS, state law and city code provide processes for the city to remove the vessel and recover the costs of removal by selling the vessel; and WHEREAS,the cost of removal of the vessel likely exceeds the value of the vessel. Thus, a lawsuit to compel the owner to remove the vessel at his own expense or to allow the city to recover a judgment against the owner is preferable; and WHEREAS, City Council approval is sought to initiate a legal action to pursue civil fines and penalties, injunctive relief requiring removal of the vessel and prohibiting future trespasses, or authorizing the City to remove the vessel and recover its costs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The City Council approves the lawful action to bring suit against the owner of 308 CITY OF SEWARD,ALASKA RESOLUTION 2023-079 the Lisa JD, a vessel unlawfully occupying city property to compel removal of the vessel and allow for a judgment of cost and other relief as necessary. Section 2. Funding in the amount of$10,000 is hereby appropriated from Harbor Fund Unassigned Fund Balance account no. 11000-0000-3400 to Legal Services Expense account no. 11000-2000-7006 within the 2023 Operating Budget. Section 3. This resolution shall take effect immediately. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this IOth day of July, 2023. THE CITY OF SEWARD,ALASKA Sue McClure, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck City Clerk (City Seal) 309 AGENDA STATEMENT Meeting Date: July 10, 2023 From: Jodi Kurtz, Deputy City Clerk Agenda Item: Non-Objection to Renewal of Liquor License BACKGROUND & JUSTIFICATION: The Seward City Council has the opportunity to object the renewal of the following Liquor License for the following business: Business: Tony's Bar, Tony's Liquor Store Licensee: Seward Alaska Ventures Inc. Type: Beverage Dispensary, Package Store License: 1153, 1154 The City of Seward Police Department, Fire Department, Finance Department, and the Kenai Peninsula Borough have no objections to the liquor license for this business. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license renewal, 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 renewal of liquor license for Tony's Bar 91153, Beverage Dispensary, Tony's Liquor Store 91154, Package Store. 310 MEMORANDUM Date: June 15, 2023 RECEIVED To: John Rymer Finance/Public Utilities Naneth Ambrosiani Finance/Leases JUN 2 9 2023 Chief Alan Nickell Police Department Chief Clinton Crites Fire Department OFFICE OF THE CITY CLERK From: Kris Peck, City Clerk RE: Verifying compliance for the RENEWAL of a liquor license x2 The following two businesses have applied for a liquor license renewal. Please review for compliance with all utilities, lease payments and assessments. Thank you. Name of Business: Tony's Bar, Tony's Liquor Store Licensee: Seward Alaska Ventures Inc. Type of License: Beverage Dispensary, Package Store License Number: 1153, 1154 Department Status Initials Date Finance/Utilities Finance/Leases G1t1, PiN Police Chief Fire Chief !ate Ile r L Deadline for protest: Monday, August 14, 2023 (60 days from receipt of notification) Last regular council meeting for approval: Monday, August 14, 2023 PLEASE RETURN TO CITY CLERK no later than noon on Tuesday, August S, 2023 311 w aF rye THE STATE Department of Commerce, Community, and Economic Development 0fAT ALCOHOL& MARIJUANA CONTROL OFFICE 550 West 7t"Avenue, Suite 1600 -_ C;0V1-1RN01:1i1h1 t7L'�'L1:.11'l" Anchorage,AK 99501 �F ALAS Main: 907.269.0350 June 15, 2023 Kenai Peninsula Borough, Seward Via Email: micheleturner@kpb.us;jratky@kpb.us;tward@kpb.us; mjenkins@kpb.us; jvanhoose@kpb.us; cjackinsky@kpb.us; maldridge@kpb.us; slopez@kpb.us;jblankenship@kpb.us; bcarter@kpb.us;g_notify_assemblyclerk@kpb.us; bballou@cityofseward.net; clerk@cityofseward.net; Re: Notice of 2023/2024 Liquor License Renewal Application License Type: Beverage Dispensary,Package Store License Number: I Multiple Licensee: Seward Alaska Ventures Inc. Doing Business As: Tony's Bar,Tony's Liquor Store License Numbers: 1153, 1154 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 O4.11.480. 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 finds that 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, Joan Wilson, Director amco.localgovernmentonly@alaska.gov 312 1 I!4L;�r Alcohol and Marijuana Contrpl(Wife /fit 550 IN Th Avenue,Suite 1600 Anchorage,AK 99501 { 7' aIEchol.1icermirixeaIds4 d-&ijy . O hUPs;/Jwww.COMM erce,aJaska.aav/weblamcc Phone:907-269.0350 Alaska Alcoholic Beverage Control] Board 2023-2024 Mauer Checklist: Renewal License Application � Doing Business As. 71�11]�'S gar License Murnher: 1153 License Type: Beverage Dispensary Examiner: T�O � .� f Transaction tt: =1005217681 Document Received Completed Note$ AB-17: Renewal Application 12f27!22 App and License fees 1 2i2 /22 Supplemental Docurnr-rt Received Completed Notes AB-36: Rcc Site Statement AB-37-Tourism Statement AB-39: Change of Officer COI J COC 15 Star/FAA Cert FP Carl: <t Fees/AB-08a Late Fee.(after 12/31f207122 -r^rlitiar-��I�]rrt,ments� Names on FP Canis. _.� Y25 No (v/A I ni i,y':wtout Included? Business Lice;seCepy included? F] Background,' I lomn':,ted&DAte I Special Ccnsiocration. Baard Meeting Date: " LGB Sent t}ate:�;�"�_ `, r°,; w ! - LGB Deadline Date; '6 h 4 f z 3 LC 1 Nawe Seword LG8 2 Name: KPB FWaive 71 protest ❑ Lapsed � Waive ®Protest �Lapsed [Master Checklist:Reoewal]{rev 10J3/2022) page 1 of 1 313 Alaska Alcoholic Beverage Control Board AB-17■ 2023/2024 License Renewal Applleati ml- an,marijuana CQntrro10 M ce r S50 W 7 Avenue. i $ulte 251p8 "� Anchorage,AK 9%01,ii� I':)ClIiCCM�inRfflalaskajav =.alaska. v wCb anx'o Phone:907 1fr9A354 rMl.l L#1107 Alaska Alcoholic Beverage COM W Board Form AB-17: 2023/2024 General Renewal Application II`lIII�'�■I�...I�■ ■ This form Ord any r giyir rl suf pl rrlen ar fprrns must�e€•�r letrii, ;inrled tv the lir. r:tfe,m,--: I.csrrnarked no later than 12/31/2022 per xS O4.71.270,.3 AAC 30 t.16(.cairn 7 i rLquo-ed fees paid I.. full,or a -,cn-ref„„Jak le$500.00 ia..';ee=[flies. ■ Any application for renewal orany fees for renewal that I,.;lv_nut been pnstr1jd,[kcd by 2f280023 will.r, xplred perl4504.11.540,3AAC 304.16,7(pl, • All fields of this aopl=Cation must be deemed co^lplett-h7 AVk -(J staff and rvuxi be arcr.mpinipd by° ::,egjirod fF. an ali d.x.u.rnrnts r'cgoireJ,o'the,--ppIira[:in vyiI :)e returned wits jut:acirq�1-oCe55ECi. por AS 04.1 i-270. 3 AAC 30•', I I;r. • IteceVandMr procLlssingol renov"a;pa-{—ents by.'MC''Ste''neither na;rarPs inr guarantees in a'".; ,I-.;Lli.:-<;1;?plication w:ll be drrme€l r�r*1Ffere,acnev e,d.01'I11,8k,i`will - ri h du% j trr the'text A6C 3nzrd mee'.ine. 17—stabliShmmit Contact Information Licensee(Owner): License#: License'hype: � + ❑uii-.g Business As: Bar Local i<sDL'Fming Body: `wu.li,l. f, „ i l'Li .l i l• '.,r•1 i li C�riyl�iuni'Yy ��Uf1Lll: _ Ifyour rnoilir`g-)ddress has ch.;nged.utrrite th- NEW address below): hAeiling Address: I City: State, � -- zip; Section 2 - Licensee Contact IrIformation Contact Licensee:The individual listed below must be part of the ownership structxe or,.hr coj)gee listed in Se0on 1.This person n !r I,I l". ,_r ltrd :,n n, ;if contact regarding this license,unless the Optional wntar�is a i:rrtleted. Contact Lie2nsee: LA Al, Contact Phone: � contact Ernail: 1 - _ ' Opti31,l: -I';ju ,v sh''c.r AMCQ staff to Communicate with 90yore rather than the Contact Litertspo-lsuch as legal cotinsell about your license, il3l.:helf jelovv: Mame of contact: �` Contact Phone: Contact E naii: Section 3 - for Package Stores ONLY: Writter, order Information YES NO Ccynr.inkend} u sell alcohelic beverag4m,and ship the rn to another lu cation in response to writter solicitation in cnlend;.i Years2022 and/or 2023? for„allFitl; .,- ur;f27•:�?3� J , / .mU Page lof3 314 Alas[ta MCCh0lit SeVerage Ccntrol Lt}ar •� Form -17a 202 Gfcense Renewal Application Section 4 -- 0mrnoi-ship Structure Certification YES ND OldLkeownerr--J J't-(tiii,:�f1`irI(ensedbust-icss:'wrlgein2Q21/,M2? n P4 If Yes, rind you have NOT i%ot'fied AMCD,Ilst the upea1l4 irf Irn,atioil on for',r AB-39:Change of Officers and submit with your renewal applicatian- If No,cerl fy;he i:atement below by ini ia'!i r the box w the rin^t of the si:lio- yaret_ certify that the ownership structurL-pf the businessavhao'.vn,,r'ritatcni,pIiCC:rS€did ies:change inan',way&6ng the calendar years 21341 or 2022. Section 5 - Lice se operation drherkOW PDXferFACHt`Al f'i4iPAR 5 FAR that best describes hovvUiis liquor I iCense-was operated: 2D21 2022 i 1. The!license was operated for more than 240 hours throughout each year, (Year-round) a, 2. The Ilcerae wad only operated during as Pea tied tune each year.(Nat to exceed 6 months per year) F df .ur ea_yratim dates hove Chugged,list them beiriy; �d 3. TI}elicerse was only operated':)mcltchc,ni ,iniwnregiire'TertOfMtafialEtoursearh,-alendaryear. 3?-30_Rr0 NTrnr,TiJ r Cfrr klisr trrir.r-'4 dncumentct;on must be crrovided wrrh this rurm. A. ft e!w er n was r orarra eC at alk or xwas not cper3tQd fnr at leat the minim urn requirement of 24p iota' htt,rr.nach veoi,ct ririti 0rie c'ticth caIenua vr7 ,r _rr ��r�r� 9:..UVaiverofOoerotion Apolication III��III - 01 ru ro_r esoo*t �r fe s r:.SP L'r'3L!U71lPrEtl lr _n 1 „1Ja�..d;.d,r.,Lrr't tj 1ie77 rYeOl dllrNta who l the keriSeavas nor If you have not met_the..minimum number of hours of tavperat tan in E oy a are not_requ red to pay the fees, huwev _required with Section 2 ma,Rod"Other'and COVID is fisted as the reason. Section +6 - Violations aind Convictions YES NO Have Notices of Violation been issued for this license? Has ANY person or entity In this application been convicted of a violation ofTitfe 04,3AAC 304 or a local ordinance adopted'under AS 04.2 i,.Q tf}in 2021 or 213227 Ifvou;her.i-d YF4. V041 MUSTaffatdl r7 fdsr of aillvoflo7f vFveoirrfion oard/,rbrCnFivfcTia"t nerAIT04 11,770102i if you are unsure if you have received any fttices 4f ViO1060A,Cuntatt the office before submitting this foam. Section 7 -Certifications As an app IL.nnt r:, i.l..or I .cnse ranewa°, I derlare underpenalty cf pe-juj-V .hai I have read and am Familiar with AS 04 and 3 AAC 3)4,j iJ haL t i s ap ic;;=ipr),including all accampanying sched,jkus )r!6 s_<,t,,ments,a•,e:r,ie,corre.ct„and.ornplut�, • t agree to provide all inlUF1yr,ati0-1 rt=qu^red by Vie Alcoholic;bcvcraCe Corti°CI Lc]r9 d o, repo ,,( :l by ANICO staff in ,,Upport of thi, rrl uAion and u-rce,&tanc that fti l,A•(2 to do so by any dpzarll'no giver) to nie by ",IAC0 stsdf:, I rclzu ' in this application bpi^�r',-:.Lr and Inn,(terse being pptentially expired If I co not comply with statiWr.f or rq—jl;.ats-\'rce uirernents. I c(rtify L-mt i) accorda-.ce with AS D4,11,45D, no vice other than the ict--nsee(s),as de in{; it r�L C;4.11.2-� 11jj5 a c1,r«ct of iid rectf nancial interc-;t i-1 !hc''iccnsed bus7nec5. • i certifY tU' Iiris iiF.titY is r gc.od standinn v.-i[r- l-!.f:r• ations, Business and Professional Lictn.itig(CBr_j and thFt a I e!-rtity of"ic;itds<ana s,akeholders ar-e currc!m nd I hive pi ov.dec rtiMC J vei;h alt required changes of the of the husiness license,and h�i%-, l: n;.ci t' i I ,r:t�oircc d'i4:,nents for tarn; rww or changes of officers. 41 "(7-0 [Fcrm A6-17)l,-ry c!77 f2D12) +L 0 L Page 2 of 3 315 I�r�j.. �� �tfG� Alaska Alcoholic Beverage Cantrul Board Form AB-17: 2023/2024 License Renewal Application Curtifc-v th a' a I, !I cc.,ns['.f 5. ri, I m1c. er-111D%ef- whr1::Pll or crrvu J.--c-1-ol,c beverage-i Or J',:J 411 111 111LcLivn of p:A-.rL;-i.s -iave cci-Tipletc-d --.r alcohol survc-educat 3-1 caui r.o ipprovi-d by the A9L --Icarr ;:nd keep currrnL,valid copies of their ccur4.e ccn'.plR',ior cards on tie licersed prf-'.rnqes du6n&ad working lours, iT aprlicih:e fri-this license type asset fcrtl n A5 04.21.725 arc 3 AAC 3CZ 465, 1 hereby ceTtify rhattam the person herein named and subscri!aingto this appllicaifon and that I have -ead the complete.application, cw.c I knowt-1c full content thereof. I lh�7.t all nfthp rfc-rr,Iinr ror'; rif rl here I-, and evidence o,other J)-,rrc-nU submitted art- Lrue and correct.I LnderL,',a,rvi thz;l:Jrly fal5l'C Lior)Or r-i or of any itern or response'IT 11-Is -i-pplizoion,or any attachrritnt, or doCurnenU to support:risapjlicaLiDrt, j,"Uffi jj j. °cr dcnvirgor revoking a I further understand that it is 904sA mlsdeme,4rior U11.1ef Na�kd 5jA-,U'.(7- I I,-- J.:)Lo if '11) application and commit"hc crime of 2 u nswarn falsification. .4� Signature of licensee Slgpature of Notary Public �'q, NJ - .4 Notary Public in and for the State of Piinted name of licensee My carnmisslo,)expircos: ------------ UPWI-A.1 SEAL _EZUE ARNOLD Y S u bs Lri t;ed and sworn to before me th ls—l�L day of F i'L b J�'-5TUE,OF Restaurant and Eating PIQ,,F? :)ppi ir�;ti.�iri.,III L st i r Cl col-p I:jt(,d AB 33- Restaurant Rece pts Af fir wait Recreational Site P.^,p irzil ans Iti r4l kt0-idr.' ,,i co-pleted Al?-3b Recreational 5 U!S.aki2rne,it Tauri5nn applicat o,)s mint -)t,,Judc : rcmoletcd AR-27 Tourisri]'.aermamt Wholesale applic t ores mwA inc Lido a C-01TIp etr.1 AB 2S:Supplier Cr tii'ica':;on Common Carrier applicritior�rr)L.St indvcc Li cur,enL sal-fl'y i,-ispecLion cc,tificate All re-irwa! and sr-pplemental forms are ava'.Ule or-.Fne: alaska.gov,'wpn!arnco/A t;r)holLi-,^nseAjplic,3tion.aspy, FOR OFFICE USL ONLY Llcipn5e 1 ee! Application Fee,T 300.00 Tota I!Fo"Due: 9i2712022) Page 3 of 3 316 Alaska Business License#434079 Alaska Department of Commerce, Community, and Economic Development Division of Corporations,Business,and Professional Licensing PO Box 110806,Juneau,AK 99811-0806 This is to certify that TONY'S BAR & LIQUOR STORE PO BOX 187, SEWARD, AK 99664 owned by SEWARD ALASKA VENTURES INC is licensed by the department to conduct business for the period October 23,2022 to December 31,2024 for the following line(s)of business: 42-Trade ram' ST This license shall not be taken as permission to do business in the state without having sf�* complied with the other requirements of the laws of the State or of the United States, This license must be posted in a conspicuous place at the business location. It is not transferable or assignable. Julie Sande off, + Commissioner Alaska Business License#434079 Alaska Department of Commerce, Community, and Economic Development Division of Corporations,Business,and Professional Licensing PO Box 110806,Juneau,AK 99811-0806 This is to certify that TONY'S BAR & LIQUOR STORE PO BOX 187,SEWARD,AK 99664 owned by SEWARD ALASKA VENTURES INC ENDORSEMENT.434079-3 Effective October 23,2022 through December 31,2024 This business license has an endorsement for the physical address shown below: 135 4TH AVE,SEWARD,AK 99664 This license shall not be taken as permission to do business in the state without having complied with the other requirements of the laws of the State or of the United States. This license must be pasted in a conspicuous place at the business location. It is not transferable or assignable. Julie Sande Commissioner 5125123,9.33 AM Divi000 of CQ pwations, business and Professi one I Licensing Department of Commerce, Community, and Economic Development CORPORATIONS, & PROFESSIONAL LICENSING State of Alaska d Commerce i Corporations. Business, and Professional Licensing I Search & Database Download 1 Corporations�Entity Data IIs ENTITY DETAILS Name(s) Oa Name Legal Name Seward Alaska Ventures, Inc. Fntity Type: Business Corporation Entity#: 92266 Status: Good Standinc AWL Formed Date: 2I1012DO5 Duration/Expiration: Perpetual Home State: ALASKA Next Biennial Report Due: 11212025 Entity Mailing Address: P.O. BOX 187. SEWARD,AK 9966�- Entity Physical Address: 135 FOURTH AVE, SEWARD,A.K 99664 Registered Agent Agent Name: Jeffery Schrader Registered Mailing Address: P.O. BOX 187, SEWARD, AK 99664 i Registered Physical Address_ 1123 CLIFF VIEW, SEWARD,AK 99664 Officials 0Show Former AK Entity # Name 'Titles Owned B Todd Schroder Director, Secretary, Shareholder, Treasurer 50,00 Jeffrey Schrader President. Shareholder, Vice Fregiderit 50-00 319 ttttps,lfmmcommarce.aiaska.govicbplmaiNSearchlEntityDetal]192266 112 425f23.9'33 AM Division of Corporations,Busina5s and Professional Licensing Filed Documents Date Filed Type Filing Certificate 2J1012005 Creation Filing Click to View Click to View 1f10/2007 Biennial Report Click to 'View 1 U10612010 Biennial Report Crick to View 113112011 Biennial Report Click to View 1110/2013 Agent Change Click to View 1129/2013 Biennial Report Click to View 12J3112014 Biennial report Click to View 12/04/2016 Biennial Report Click to View 1105/2019 Biennial Deport Click to View 1112112020 Biennial Report Click to View 10123/2022 Biennial Report Click to View CCPYRIONT STATE OF ALASt{A QEPAr"tTMI=NT OF. OMMERDE, COMMUNITY.AND ECONOMIC DEVELOPMENT CONTACT U 320 https:f/wvna.commerce.algska.gavlcbpfmair)SearctVEntityD iP)J2266 2J2 STATE OF ALASKA-ALCOHOLIC BEVI:RA(I I: (Y)NTROL BOARD I V.I, I T:�,:f f F I FORM CONTROL XXXX LIQUOR LICENSF 1153 ISSUED 2023 - 2024 06/15/2023 ABCBOARD 'I'EMPORARY I'HIRC :-",;T1 M-1 V, TYPE OF LICENSE: Beverage Dispen- LICWSEFEE $2,500.0C 1104 (21T1, : BOIZ01.76H: Seward Kimiai Pemn,;ijh 3xrjo- MRIA, Tony's Bar Phis 1.L'O 11 W C,U I I I W"L:trMs ferrcil w i.I on 135 4th Avenue [!I,' CO;Ml iC B C V 273gC('L,s i[r ca.::j Mui I Spe,-!:i I rc:t-iL:i:om-see revrr ir iidc Seward Alaska Ventures Inc- PO BDX 187 1 MT.I)�3YORDER OF TI-17 Seward, AK 99664 ALCO 11 1 C I'J V�'RA GT r.C 0 N'l R 1 1 0A R I) Tiris i i[!:,,1til'Nil-si'IFF N A 11 INIRIA I ON r,1!1% ............... STATE OF ALASKA ALUOI 10i I( HL V[:RA-'T '.'()NTR()L BOARD r.y.'[:�\SE iNUMAER FORM CONTROL X_YNX LIQUOR LICENSE I � 53 ISSUED 1J."'k,"M ki 2023 - 2024 ! Ah 06/15/2023 ABC BOARD ri' EMPORARY FURUARY'K.210.)ti LiN1 �1 11)kI 1"Y1,1- UP LICHN-SE: Beverage Disper LICENSE FEE; $2,500.00 Kpnai -lenirisuia Bnnau�!i tmn:4ic-iukxl ivii wul pmili,-.,apn Zt'l I L- I'L,ve 1,;1 g L- k)ri 1 A): 13 m i rd Tony's Bar ISSUED BYORDER OF THE 135 4th Avenue `,I (70HOLIC BEVERAGE CONTROL B QAPJD Sewaid Alaska Ventures Inc. COPY p Box 187 DIREC!TOR Sp,ward, AK 99664 r.n,IAL�', %NIL-U 6F POSTED INAVIS113LE PLAMA 1�1 '111 -1!1 %,N;­ 321 "Apt Alcohol and Marijuana Control Office Ife, 550 W 7r1 Avenue,Suite 115W C. � Anchorage,AK 99501 AMCOl!.5,: www.Cbrim.trce.alaska. av w h rn Phone:907169.0350 Alaska Alcoholic Beverage Control Board 2023-2024 Master Checklist: Renewal License Application Doing Busines5As: Ton Liquor Stare License Number: 1 154 License Type: PackageStore Examiner: • Z_. Transaction#: � 100521773 Document Received Completed Notes AB-17: Renewal Application 1 2f27122 App and License Fees 1 zi1 Supplemental Document Received Completed Notes A4.a5-SupFI-er Certification AB-33, Rest—rant Rece pts Aff ,L� -37:Ti:„r s-rr 5L it( r-ionL Ar-39: Char2p. o`DffiLers COI f COC/5 Sip r/ FAA Cert FP Cards& Fees/A13-08a L71cc^ Ft,(-(.,firer 12/31/2022) Names on FP Cards; Yes Nu h/A CUL Entity Printitit included? F] ❑ Business License Copy included? Backgrou nd isi Cam pivt�d& a<j-u: '"'' ❑ Sptciat 05nsiceration, Board Meeting Date: f - L G R 5r,Yil CMr.,: I P"T f —` LAB Deadline Date'.._ _.�- . s. S o'.vz rd LGB 2 NameK P B LG[3 1 rJ c*ie� s ll ':..i•,.: r ,.�st r i :w:: trJ�iive 'z,t �. .. r--I zc�l L . . PtilasterCh•ac;clsC:F�n�:.'il] r. l[ai>,',,7: �' =Tof1 322 ry r.wR. Alaska Alco :o�lpic-�Bevl2rage Control Board p /� r # - tie'"t a ��tt4 AB-1B � 3/2024 License Renewal /'' ppli[.C�LIVIThaland MarivanDW7" R nue, 5$p4'V7�Avenue. IL Suite IWO Arrcrlorage,AK 99502 AMCO alrohol.IY�ensin a>� _ htlGs:Ilwww=rr4mmerCB-alaskd•r�ou}vretal•amco ' P'haini 907.269-4354 Allaska Alcoholic Beverage Control Board Form tl ` o 2023/2024 General Renewal ApplUcation ■ This form an:.'anyrequi•ed sufrp'elre.ntzlfcrrhs rntlst ire carpi etod,sige-e:a L•" I:r c. ,r-:1 F:.W1,,:-,,10,-,-1, ...i ....s ,Ii-: Ilsrr I;r?' ''r'_'�'per C;, _'.)7v,3 AAC 311.16C,yvith nil•equ,rr a fees psis°In lull.u1 a ion-+e'..r 0:1:ik 55010)Idle 4-,!:^LEI;,. ® ,Any:;,71:1i._,yl on I•;:r rim x•v.,sI ar any fees for renewal that have n:t t hear',ocrs.rn-c°kid by 2/2 q/:-1':: v; I Lo cxp lrcd per,0 1 't , I:S 3,'..1,1:: :ail:..1 h•Lye;;. ■ II f- its of L`• s 8np ica'lorr,must be deemed complete by AGv C0 Staff arrd .nt be acizci cried by the rf.quirgd fees ar;l.ill r:;;iin:t q, -r,qu rr,J.C..r:hc appliCX10,-svi l be rell.r"et'.0thout being oroc:.ssr:d. prr:'„lmm.I I.2 i C. 3 A/S.0 04.105 ■ Rc,r-iilr'i.. hrpr'_Icessingcfrenewalpoy-rent-,n'AMCOstaffne;thEr `,ttlL_1,r-.nar guarantees in any way that-an appli:°i,i-:n.v11 ,j deemed c:ompiere,renewed,c r that i-*i I I�;e scheduled fc•r the ne;•:',AK ^,:rd meetin& Section t - Establishment Contact Information Licensee(Owner): Seward Alaska Venlures Inc. License#: 1 154 License Type: Package More Doing Business As: Toily''s Liyuur`sure Local Governing Baby: Ctivnr{f,14en�i I}eriinvohi Burou_:Ir Community Council: If your mailing address has changed,write the NEW address below; Ni Address: City: State: ZIP: Section 2 Licensee Contact Information. Contact Licensee:The individual listed bolo :Inns'b�part of the ownership strs,cture of the ficei hited in Sect itin 1.This person will be the designated point of contact regarding; .'IS license,unless the Optional can.act is ccrri p.leted- Contact licensee: ` 2 Cgrtta>r't Phone: Contact'Email: Optional:If you wish far AMCO staff to communicate with anyone other than the Contstt Licensee(such as legal counsel)about your 11ce i list.nelr information below: Name of Contact: '11 Contact Photte: T C - r 7_ Contact Email; � .� � � c-- 4 Section 3 - for Package Stores ONLY: Written Order Information YES NO Vo yoo intend is sell alcohclic beverages and ship them to another location in response to writte rg solirlratian in eolvrsda.years2022andfnr2023? [Form AB-171(rear 9/27/2022) DEC I 323 Page 1 cf a Alaska Alcoholic Beverage Control Board Form AB-17: 2023/2024 License Renewal Application Suction 4- Ownership Structure Certification YES NO Did the ownership structure of the licensed business change in 2021/2022? if Yes,and you have NOT notified AM CO,list the updated 40ormation on fern ti AD-39;Change of Olicers and submit wi zh your renewal application. If Ne,certify the statement 4elc-Qr by initialing the box tat he right of the statement. certify that the ownership structure ofthe business who owns this alcohol license did not change in anyway during the calendar years 2021 or 2022• Section 5 - License Operation L03ecA VIVES XforFACNCA LENOAR YEAR that to:st ;ci i.,e;I,., .• r41 quor Iicerh5e.vasoperated: 2021 2022 f, The licerievias(iileratedImm ore than 240 hours.hr,-of,I7-_i i ,,:,11, I- lY@ar-round) 2. The license was only operated during asperifedtimeeacliNje-r ;;r.ir.ttaexc=_ !C ": fl,,'y_+'year} 0 von:r aceY(1#'q-dotes rove o7]rMtic,list them besCW7 to 3. The license w i)s e..r y opera ed in mrrt thr minimum reri i.,rcr-ent of 24C tnlal hours ear [aleridar year - AcompleteAB-30:ProL) f+1 :.•mum 0-f-r a or C�;-i-O'q, ono ail&xamentotion mustb provided wifh tfirs form. II�i 4. The IicensA,eras not operat c at.rI or was ii-l np[•ratcis by 2t east the minimum requirement of M total Acurs ea h yea•,durir.,nnr or l:5•n c;lencary a-s.A L vrnpiq {grrnAB-29:iAyerofQperotron Application and fegsmJs tiescbmrtrcd.irrhtMrs fcreanccir;t:rrdoryentdurinawihdch the license was nor ooecotec If you have not met the minimum number;iF hours of operation in you ace not required to pay the fees, hCtivever.dPcvmplete A67 9 is rewired with section 2 msrked'6Ui err and COVID is r ted as the reason. Section S • Violations and Convictions S NO Have ANY Notices of Violation been issued for thus I Ice nse 15 Has ANY person orentity in this application been convicted of a violation of Title C4,3AAC 304 ara local ordinance adapted under AS 04.21.010 in 2021 dr 20227 ff you checked r15,you MUST attbtlh c list of all otiotic;:,s e7,r Per AS 04 t 1,'7Cljaf l2f if You are unsure f}yrou boye recehoed arny Notices of Vh)4066n,contact the offere before submirthigr this form. Section T -Certifications As an applicantforallquor license ronowil, Icedare under penalty of perjury the'd:Ih•, ivo tmd~ mfamiliarwithAS04and 3 AAC 3Q4,and that this application,including i I accompanyingschedules am e;:rtr:,, ni,,;; e I r e,correct,and co mploe. I agree to pro,- t:;• :il' information recui-Ed by the Aleoho ie Beverage Control ,rr:7 ci c- rt:gj szed byAMCC 4'a f in support of Lris dpplicancir d:id under5::ync t iaL fJlure to :l'?--;o by any dead i ie givc-n tc rrw= h r A iCO ^.,aff will rr5su"_ in tnis applicatiorl ,)ei.n�rut,imed irid the license heing potertialiy ex:j ree. F I do not coTp y ,." -h S:�u-.or..c,rogulata' r+ c,u rc ri; r"t4. a I ce o tify thdL in accurddnce wit .AS+04.�_1.4.5C,no one ntr r than the icensee(c_),as defined in AS C4.L1.230. Iti s a e rect or indirect Ha iti;al i 7terr=5t it:he I'censed busi-Ivss. a 1 ,er(ify t.h4:l this cniity is in U00C standing w th Corporation.;, Busine s and Professional Licersing (CUl-J .aril Pi,:1 0J!ur'iLy Ofricials e:iri s,a.�eholdersare current inc l have. proviced Ak'(70with all required ch,,-1ces of the ow ,.:r,ni.) -;rr.f-Lt.re 7 i the bus:ress icense,and have prcrvided.a I ri�r.uirr-d coriu iunt5 fe,any new or changes of cffieers. [Farm AB.171 !rev 912712022) 324 ` _ Page 2 of 3 g � Alaska #alcoholic Beverage Control Board Farm AB-17; 2023/2024 License Renewal Application 4 I certi�y thar -,I licensees,agpris, rind 0 niployees wJ)o seh or serve afcoholic b-verages or check identificatio-) of patron ,ave cama ete!d an alcohol sPruef 3duuation course approved by the ABC Board and keep current, valid copies of thbi course nrn;a ':i#ra cads on th?Fcc-i,d premises during all worKing ho:,r.s, i=appliclu a for this license type as Set for`li in A 0,1 21 a:I'J 3 AAC304.4u5. 1 aerel'r rol-ily tha*1;;Ii the pe,�:3!: r)pr~= r} axid subsc.-ibing to Ll- s �ri.,licatiai and tha---I have read the complete applicattan, a;id I kiw',i ",1.?f,arl Content tbcr^C'' h d(-C ll-,J ,ill ut he InformaL,un cor-tainea Alt•"c"'.i'i, and rv�dcn"r or other docu-nent5 st,bMill:1,i are true and Correct, l ur.oerstan(J ihol.arry ftils fication or mi5: pra3en:a.'ar 4"ono item or'esponsr, n this or any ;tl ;chmenk,or documentsto support this applic:-ion, i. su°fiticnt grounds for U-ny'rf 0) revoking aIfcensr ipermir I furtn•:�r understand that it is a,Va> misdernean€ir under•'W ske Sta`ute 11.56.210 to fa 5ify can appiication and corurnit Lhe crime of unsworn falsificatioii�-- Signature of licensee 5i�r2-ttf Notary Public Notary l=ub'ic:in .rrdlortheStateof r u, Printed narne of licensee ------------ rely comm'ssion expires: r' OFFICIAL SEAL 6P:i :i-iri oin:n :Defore'i yp{ d} f �w _ i 1,1r�r7�: �.raut•�!?a,rrt; '1,�'"� Fcst^L.rant and Eating Place applications nru�t inclvde a completed AB-33, Restaurant Receipts Affidavit �ecrC2 tional 5rte app,ications must Include a c*—ipleted AS-36, ��!c;eiitiona'S':e 5;,at,,rr-e-at Tnuri5rn app ications must mulude a u nipleted A6-37.Tojrisim Statement Yr'Wh6csale app ications mist inc ude a c•-,rr.pirrted AB-23 �:jpplier Cortificaron Common Carrier aoplicatv7ns nir.•,t ir(ii to cur}enc safety inspectcrn certificate All renewit'r-rd=_unnle i,r na.c !_,i irs arc: -vairatrfe online: https:lfwww,camrre ce.aia; ,�.� ,f:r:rn`erica;+,' ,o-ioi-itenseAppricat[on.aspx FOR OFFICE 25E ONLY License Fee: $ Application Fee; $ :3MCi.i Misc. Fee; � cc Total Fees Due; [Form A&17](rev Sn7J21)221 325 �� !lr` rage 3 of 3 Alaska Business License#434079 Alaska Department of Commerce, Community, and Economic Development Division of Corporations,Business,and Professional Licensing PO Box 110806,Juneau,AK 99811-0806 This is to certify that TONY'S BAR & LIQUOR STORE PO BOX 187, SEWARD,AK 99664 owned by SEWARD ALASKA VENTURES INC is licensed by the department to conduct business for the period October 23,2D22 to December 31,2024 for the following line(s)of business: 42-Trade o rrt� F y This license shall not be taken as permission to do business in the state without having a complied with the other requirements of the laws of the State or of the United States. C Ki This license must be posted in a conspicuous place at the business location. It is not transferable or assignable. Julie Sande 00. + Commissioner 326 Alaska Business License#434079 Alaska Department of Commerce, Community, and Economic Development Division of Corporations,Business,and Professional Licensing PO Box 110806,Juneau,AK 99811-0806 This is to certify that TONY'S BAR & LIQUOR STORE PO BOX 187, SEWARD,AK 99664 owned by SEWARD ALASKA VENTURES INC ENDORSEMENT.434079-3 Effective October 23,2022 through December 31,2024 This business license has an endorsement for the physical address shown below, 135 4TH AVE,SEWARD,AK 99664 or r,y > This license shall not be taken as permission to do business in the state without having complied with the other requirements of the laws of the State or of the United States. FM tt� This license must be posted in a conspicuous place at the business location. It is not transferable or assignable. Julie Sande Commissioner 327 5125123, 1,46 PM Division at Corporations,Business and Professional Licensirtig Department of Commerce, Community, r Ecoromic Development CORPORATIONS, BUSINESS * PROFESSIONAL LICENSING State of Alaska 1 Commerce 1 Corporations, Busioess,and Professional Licensing!Searcn & Database Qownload 1 Corporations 1 Entity Details ENTITY DETAILS Name(s) Type Name Legal game Seward Alaska 'dentures, Inc. Entity Type: Business Corporation Entity #: 9226E Status: Good Standing AK Formed Date: 2110/2005 Duration lExpiraticn: Perpetual Home State: ALASKA Next Biennial Report Due: 11212025 Entity Mailing Address: P.O. BOX 187, SEWARD,AK 99664 Entity Physical Address: 135 FOURTH AVE, SEWARD,AK 99664 Registered tered Agent Agent Name: Jeffery Schroder Registered Mailing Address: RO, BOX 167, SEWARD,AK 99664 Registered Physical Address: 1123 CLIFF VIEW, SEWARD,AK 99664 Officials IDSlhow Farmer AK Entity # Name "Mules Owned B. Todd Schroder Director, Secretary, Shareholder, Treasurer 50.00 Jeffrey Schrader President, Shareholder, Vice President 328 h(tpslJwww.co mmerce.alaska.govlcbplmairdSearcWEniityDeta 11192266 112 5125123.1:46 PM Division of Corporations,Business and Professional Licensing Filed Documents Date Filed Type Filling Certificate 211012005 Creation Filing Click to View Click to View 111012007 Biennial Report Click to View 1010512010 Biennial Report Click to View 1/3112011 Biennial Report Click to View 1/10/2013 Agent Change Click to View 1/2912013 Biennial Report Click to View 1213V2014 Biennial Report Dick to View 12104/2015 Biennial Report Click to View 1/0512019 Biennial Report Click.to View 1 1 12 1 120 20 Biennial Report Click to View 1012W022 Biennial Report Click to View COPYREGHT@ STATE OF ALASKA DEPARTMENT OF COMMERCE, COMMUNITY,ANDECONOMIC DEVELOPMENT CONTACT_US 329 2J2 Office of the Borough Clerk 144 North Binkley Street, Soldotna, Alaska 99669 • (907) 714-2160 • (907) 714-2388 Fax Michele Turner, CIVIC Acting Borough Clerk 6/21/2023 Sent via email: clerk@cityofseward.net Seward City Hall City of Seward RE: Non-Objection of Application Licensee/Applicant Seward Alaska Venture Inc Business Name Tony's Bar License Type Beverage Dispensary License Location 135 4th Avenue, Seward, AK 99664, City of Seward License No. 1 153 Application Type License Renewal Dear Ms. Ballou, This serves to advise that the Kenai Peninsula Borough has reviewed the above referenced application and has no objection. Should you have any questions, or need additional information, please do not hesitate to let us know. Sincerely, -4 "4 1 UA Michele Turner, CMC Acting Borough Clerk cc: Schroder@gci.net; mailto:amco.localgovernmentonly@alaska.gov MT/tw 331 Office of the Borough Clerk 144 North Binkley Street, Soldotna, Alaska 99669 • (907) 714-2160 • (907) 714-2388 Fax Michele Turner, CIVIC Acting Borough Clerk 6/21/2023 Sent via email: clerkgcityofseward.net Seward City Hall City of Seward RE: Non-Objection of Application Licensee/Applicant Seward Alaska Venture Inc Business Name Tony's Liquor Store License Type Package Store License Location 135 4th Ave, City of Seward License No. 1154 Application Type License Renewal Dear Ms. Ballou, This serves to advise that the Kenai Peninsula Borough has reviewed the above referenced application and has no objection. Should you have any questions, or need additional information, please do not hesitate to let us know. Sincerely, WA Michele Turner, CIVIC Acting Borough Clerk cc: schroderggci.net; mailto:amco.localgovernmentonlygalaska.gov MT/tw 332 AGENDA STATEMENT Meeting Date: July 10, 2023 From: Jodi Kurtz, Deputy City Clerk Agenda Item: Non-Objection to Renewal of Liquor License BACKGROUND & JUSTIFICATION: The Seward City Council has the opportunity to object the renewal of the following Liquor License for the following business: Business: Primrose Provisions Licensee: Primrose Provisions LLC Type: Restaurant/Eating Place License: 5965 The City of Seward Police Department, Fire Department, Finance Department, and the Kenai Peninsula Borough have no objections to the liquor license for this business. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license renewal, 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 renewal of liquor license for Primrose Provisions #5965, Restaurant / Eating Place. 333 MEMORANDUM Date: June 20, 2023 AECEIVED To: John Rymer Finance/Public Utilities Naneth Ambrosiani Finance/Leases jUN 9 20Z3 Chief Alan Nickell Police Department Chief Clinton Crites Fire Department OFFICE OF T"E' C17Y CLERK From: Kris Peck, City Clerk RE: Verifying compliance for the RENEWAL of a liquor license The following business has applied for a liquor license renewal. Please review for compliance with all utilities, lease payments and assessments. Thank you. Name of Business: Primrose Provisions Licensee: Primrose Provisions Type of License: Restaurant/Eating Place License Number: 5965 De artment Status Initials Date Finance/Utilities u —A^i r I ";_ PM- Finance/Leases 00 �a tt Police Chief G(a 3!Z3 41 8 A4% Fire Chief �a � � /Ze q Deadline for protest: Saturday, August 19, 2023 (60 days from receipt of notification) Last regular council meeting for approval: Monday, August 14, 2023 PLEASE RETURN TO CITY CLERK no later than noon on Tuesday, August 8, 2023 334 =�0�I THE STATE Department of Commerce, Community, o and Economic Development ' + 1 1L1 SKA ALCOHOL& MARIJUANA CONTROL OFFICE 550 West 7t"Avenue, Suite 1600 «• = GOVERNOR MIKE DUNLEAVY Anchorage,AK 99501 o, ALAS Main: 907.269.0350 June 20, 2023 City of Seward and Kenai Peninsula Borough Via Email: bballou@citvofseward.net; clerk@citvofseward.net; micheleturner@kpb.us; iratky@kpb.us; tward@kpb.us; mienkins@kpb.us; ivanhoose@kpb.us; clackinsky@kpb.us; maldridge@kpb.us, slopez@kpb.us; Iblankenship@kpb.us; bcarter@kpb.us g notify assemblyclerk@kpb.us; Re: Notice of 2023/2024 Liquor License Renewal Application License Type: Restaurant/ Eating Place License Number: 1 5965 Licensee: Primrose Provisions LLC Doing Business As: Primrose Provisions 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 O4.11.480. 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 finds that 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, y r� Joan Wilson, Director amco.localgovernmentonly@alaska.gov 335 STATE OF ALASKA -AL(.'CH(.)T..TC RFVERAGE CONTROL BOARLD 1.1('1_.NS1` Nt MBLIZ FORM CONTROL XX XX LIQUOR LICENSE 5965 ISSUED 2023 - 2024 LICI NI:'-VALAPPIX—ATION 6/16/2023 1'1 1 BI K 31.2024(AS 114.11.271)M) ABC BOARD T E M PORARY FE-11W.'ARY 29.214,_5 1. TYPE, OFLICENSE- Restaurant/Eatinr [ACENSEFEE: $bU0 .07 5HAAW D,13 Primrose Provisiorts 501 Rajlvvay Avenue, Suite B rhkdi, A­- I "A le :A 1,11 11141 J M I i I Z L W J N11-,,jai Te.,11 'd11' r­.L:,t Primrose Hrovision5 LLC P.0, Box 'i 32L ISSUED 13YORDER OFTHE ALCOBOLIC BEVERAGE CONTROL BOARD Seward, AK L,0664 04-900(REV 1012W2 THIS LICENSE MTJST13E P(:kSTPD IN A VE51111.r PLAU ON THE STATE OF ALASKA-ALCOHOLIC BEVERAGE (-'ONTROI.,B OAR D LICENSE NUMBER FORM CONTROL XXXX LIQUOR LICENSE 5965 ISSUED LICENSI'k I:N::WAI.Al H...-.-MON 1"IT 6/16/2023 2023 - 2024 DECTN.I 1;T i:.2o,4,,v�TI.:1,271)[111b ABC130ARD TEMPORARN 17waz U., k 2"2 5 U N, I tiS 13,V1;.I l li;:..i[W TYPE OF LICENSE' Restaurant/Eatin, I_IC7NST1 FEE, CITY/BOROUG14: Seward Kenai Peninsula Borough This license cannot be trwisfcucd W il hou I p�rri;iss jun 01' 111,-AlrMOir-lice-crage Contrck]Hcorrj [)rh!A: :11 11�.SlJiC[iOn-see reverse side Primrose ;1rovisions ISSUED BY ORDER OF TIM 501 Railway Avenue, Suite 8 ALCOHOLIC BEVERAGE CONTROL BOARD Primrose Provisions LLC COPY P.O. Box 1326 DMECTOR Seward, AK 99664 f 1 i I r.I L 1:N i; 1,I'D E IUSTED IN A YES 113LE PLACE ON T11E PR FM I 44-404 JRT;V 5W221 336 Alaska Alcoholic Beverage Controi ward kk�,t $ tr°""fw AB-17: 202 / 024 License Renewal Application,—am mar0anaCactml0"T-ee 59O W 7ih Avenue, 5 uite 1600 Anch aragr^,AK 99501 AMCO alcuhol_11cA nA aIask,3_Eoy _ ht��;d,�'�"��'-44ttiinlerte.ala�7sa.Rovlweh��inca � ,�. Ph4rle�9Q7.26B.0350 r l foul 00 Alaska Aicoholic Beverage Control Board Farm/ AB-17: 2023/2024 General Renewal Application * THs ioirn and any r.qt.,r�.; sUr?plpmenml`o•ms 17sa5t bP cc)-'i:;iefrd, signed by the I CEnscu,anj posIrt!arkej re-o,1mrthnn t 7!31,'2 i'7 per Al 04_i 1_'7i:Y,3 AAC 304.r60,with ail fees paid in fi.ii,Ora-,�.;r-refunda ale$500-010 late fee a:,-)ies. • A,-yaf>,7'i[atiar+°c -c^ev,;al o any fees fur renev.oIihar have not beer po trrarkrM !)y -PSI2C23 q?II be exrpi td per A434,11,5d0,3AAC u04e1b f ). + Al f.,1:s tI)is appdr�a:'c:n nus'be drsc,-1ec cur,rlete by A'A":;)stGft acid must be ac,7oriipan;Ed by the req..'r9a fees and all dncument5 re:{; i-, I,car t.`e appIIt:a:ron II Ije returned Jth.^tit heir70 pracessed,prr A504 11.270,3 AAC; ;104.10-, ■ Recr:tat,andjcrprtDcessirit;a`,enev,aIpayrrrntshyAltiF0;t�rEneitherindi_att.�' r,! F:i;i n,ee;inany way that an application vdll by nr -nec1 co--,rfett',renLwc,.c,or that it w ll D�=chcdu.cC rar tl7e next A.3.. -:ii! Section 1 - Establishment cov:tact Information License: I0V01_1P 1,: I'i:curcp,u 1'"wisions LLC; License ff. License'fype: E.atiaA Maw Doing 13-,isjnes5,As: Local Governing Mdy ��a;x 1.T enui l'Eni�7 tilas i3nrr,ti rlt Community Council: 1f your -na"lirg iddress has clanged,write the NEW address below: iV1iaa;in,, Acldre5s; t +:�d C State: 71Pt ® i Section, 2 _ Licensee Contact Inforrination Contact Licensee: roe roiviJ :a I listed below must i1L part of the aw-ership structure of thr.lk43 See listed in 5ertlon 1.Th;is person will be the designated roir,t Of CCntcrt IegardinE; ;I'.ense,unless the Optional contact is cerr.pleted. Contact Uc;-risee: ' l'x}h t Contact Phone; Contact Email: r __ "ly"tsti,4 -e ol, Optional. if y .. ,a:•:I °car;.I,l. g staff to Comrr,uiiicate with anyone other than the Contact Licensee(iuch as legal counsel)about your license. Niame ridr vontact: Contact Pharr• Cortract E1710il- Slection 3 — for Package Stores ONLY: Written Order Information YES NO Do you intend to sell alcoholic beverages and ship them to anothar Int:atlon in response to wr��lir�a#ion in calendar years ZG22 and/or 2023? ff��.�� 0 El 'AEA, 0A ?12 jFarm A$-171 Vov y/27120221 337 Page 1 of 3 k*titttM Alaska Alcoholic Be►reV2ge Control Board Foam AB-17: 202 /2024 License Renewal Application Section 4 Ownership Structure Certification vrs v:� Did the ownership structure of the licensed business change In 2021/2022? N Yes,,and you have NOT notified AMCQ list the updated rriformation on form AR �9: l'r:'16; rl rai r u:: 11 E~;:i,:h your rert.�.a:�pPai Aiun. If No,certify the statement helow by initialing the box to the right of the statement. I certifythatthe ownership structure of the business whaims this alcohol Jcanse raid natchange in any way during the calendar years 2021 or 2022. F-] Section 5 - License operation CiterkL7fW'80Xf FEAC,HCAa<ENL5A14`MARtn.il l}P5-descriheshOWthisliquor license was operated: 2021 2022 1, Thellcensewasoperatedformoretha-iZ40hcours, .oughcutehchyear, ('year-round) 2. The license was,oniv operated duringaspeclfiedtime+-achyPar_(Not to exceed 6 months perypar} your enerarrorr nrgjL5 r ,ve choo i.0 3. The licerse was onlyopemte.d to meet the rrinrmum rr lr i . a r rf?.40 totril liours each calendar year. :cFit must bepr©vided wirh this f frT+ J. the license w ns.not❑oar;teC.at al or rras n❑t❑pr a 1 L I .i .ire minimum requirement of 240 total ram+ „ten - :t:rsra ypar,Juine one c•bcihcalendsvr-r Ir f i, r, A97.9:WetiverofOveratronApplicarion ruru IIIF--III �W ilal r? Fr,,srustt�.°sub.rritts:nGu_' -r 4anrl.�,uliurfDreachcaiendvrveardurragwhichthel�cens�wasrrot y P_ _�_ - . ia. rn you are not required top�ay the fees, if you h..��.not met the mrnirnum number of hot:rl of❑ eratran _ h�tirnut°a cam lets AB-P4 i5 re uaretd with Section 2 marked YOther'and COVID is listed a5 the reason. Section 6 - Violations and Convictions YES NO Have ANY Itotkes of Violation been issued for this license? E] Il -1 0 Has ANY person or entity in this application been convicted of violation of Title 04,3AAC 3U or a Neal ordinance r adopted under AS 04.21.010 in 2021 or 2022? 1:1I Uri !f you checked YES, YOU MUST attOtrh n fur Of Itfi Noticr,1 of Wuiutivn and/or Convlrtions per AS 04.11.270(0)(21 if you are unsure if you have.received any Notices of Violation, contact the Wire before submitting thrs form. Section 7 -Certifications As an applicant fora lioucr-I cur,,r.rnrn-.�vaa,I declare urider penalty of perjury thatI have read and am familiar with AS 04 and 3A,AC304,anc the t this apwlicatiDn,includn a!laccomoanying sched ules and 5uterrients,are true,correct,and complete. I PnrPe tc 7rndidr- A i r';rr-n>,tion required by'ho Alcoholic Revere De Control Bo.ird or mr.i; ted by AMCO staff irw support of llsrt 1�)1 lira ;:nd -indersta-id th;; iai'u:c to co so by zny deadl re. y,i,en to ,i,, by AM CO staff vAll result in this applicaticil !: _ el.rr('d=rr: 'life license be i :)ct�IT=ril i;:;;;; ud I do not cowpl� with 5tztutory or regulatary requirernents_ e 1 ror'. IN rl ; r).s'r 4--7ilrice w'th AS 1 L50, nc o-- ,otri-.r tho 7 Lhe licensee;sk,as defined in AS D4.11.260, has a direct or rr:i' l:' f rani,! in'prest in t,w,I arr'I eu, ,r_sin ss.. r I Cur Jfy lntt this e:7ti:y is in gooc si�:n;l r,;;%---t ::Crr:)rr.,::f :m5, Bm;rress and P'nfr i5ional Licensing(COPL)and that all entity off;cialw aid stal(6 1U C:c'S ajre current a:rr_ I l i rr.quircd changes of the ownership structure of the bus ness icensrl, anti have provided ali recr.ired dOCLimer is for .?«y nutiv or chdngesof officers. [Form AS-171(rev 9/27/2022} L� 4► � Page:_,f 3 338 •'`: Alaska Alcoholic Beverage Control Board Form AB-17: 2 2 /2 24 License Renewal Application CertifY that all IiCentieFc, agents,and employees",ho fell or tie°vo alcnhodc heverages or cl eck identification of patrons have completed ar alcoh-o c-vwr edutatia­i course approVud by the ABC Beard and keep current, valid copies of their course completion cards or,',he licensed premises during all w o.-king hours,if applicable`nt this license type as set forth rn AS 04,21.325 a n c 3„A.0 304.E 55, I ,C.=:-eby certify tfiat I ar-r the per;o i horeir riarn n anti srrhst•ibingto this applicatloil Q,rd Ihol I have read the complete applic=.L'on, o-Id I Knraw the fu'I ccr't?nt tgcrcu`. I decide tl-r;;.:fi of i'!:- ii',=ormatian ccn1aine-d ikv6.1,Ind evrde-ice or other documents submitted ate trL_L--,;,rd ::oriect, uncerstand tl ,;! :s•! f-ilk' ;;',::ion or mis•epresent_t on of s ry item or •esponse 1n this applicaCinn, 4- a•rV a~'achrnPrv. o• Hoc k!-ients to suppert this ,,pr: r.itwn, is sufficient gror Id: for d(.ryir�or revolcin�a! canse/permit.i furtF'e- uriderstard?hat it i,;i Clw s AI~i3dertieancr ., iri:r rrlcska 5t;)__ItF- 11.56.2_C to fal0v an application and cDrnrn t;he crime a` unsw urn iaisificaiivn. Signature of licensee Sip 12 to r e of Notary Pu blic g t� c•. " Notary Pubiic in and for the State )f - Printed name of I,,rf1/Jlfl My commission expires_ Lk5 TARRY : r `" 1,_,,, 5u!sir h d ;^c s- air):o e'cre I IK . dayof f_v'Y�r 1 + 20 911t C7 NV����+� If�li "\d Eating Place wa ,t ii�c';�id­;7 ccmpleted AB-33r Restaunin` 7rr._ ;>l ?;'r Ua.Al RecreatiorraISite al:l): i_A,o-i!; r"..�t inr.lrl=:du :i cow.p rl,d AB-35 Recreational 5iio 5~:tic'il:r}t Tourism ,;f};,li�7tir.,r,f r-';A rc AB-37:Tourisrn 5tatpmii w Wholesale ,!;cJ!i=::.r,i)M rnuwt Inc ude con'pl=. r±d AB-25:SupDlicr C-er t `C _io'i Common Ciirr+pr al)3�cati 3`'. it curre'r'C safety I lS.11.::l':."7 I.;.ri Al renew�! fcrms ii-e avai'abld cn ine: https,//www.comme(ce.alaska.gov/web/amcc/Alcohol�icensc,Appl ca.iur.a :jx a FOR OFFICE USE ONLY �'ry r ,_ Lkense Fee: $ Application Fee: 30O,OQ Misc.Fee: $ Total Fees Due: C [Fore AS-17](rev 9/21/2022) 339 Pa 3 01 Alcohol and Marijuana Control Office 550 W ThAvenue,Suite 1600 it' Q Anchorage,At(99501 aic�rl�G.,l.IicpnslnR��aiaska_;g,ov fill s: �vww.G 7r}rrnertr aldska_t{cxjweta�(�rttcc Phone:907.269.0350 Alaska Alcoholic Beverage Control Board N%WP Form AB-33: 2023/2024 Restaurant Receipts Affidavit What is this form? A restaurant or eating place licensee must file a complete copy of this form along with its 2023/2024 license renewal application, in order to provide evidence to the Alcoholic Beverage Control Board that this licensed restaurant's receipts from the sale of food Jpon the licensed premises constitute no less than SO%of the gross receipts I000d+-alcohol sales)of the licensed premises for each calendar year In 2021 and 2022, as required by AS 04.11.100(e).This form isconfidential. This form must be completed and submitted with Form AB-17 to AMCO's main office before a license renewal application maybe reviewed. Section 'I - Establishment Information This form is being submitted for the following license; Licensee: Prirnrpsc Previsions LLC License#: 965 License Type: Restaurant/Eating Place Doing Business As: Primrose Provisions Section 2 - Gross Receipts for 2021 and 2022 Please fill out the Winwing information�irefully,contact Afv o ,imf if you h.+vt-questions regarding this form. Enter the dollar amounts of the fond and gross(food+alcohol)receipts on the licensed premises,and calculate the percentage of gross revenue that Is from food sales on the licensed premises for each calendar year.(Food Revenue+Gross Revenue x 100=%) $ _ x 100= NoWoes2021 Food Sales 2021 Percent from Food k100= 9f, 2022 Food Sales 2022 Food+Alcohol Sales 2022 Percent from Food I declare under penalty of perjury that this form,including all accompanying schedules and statements,is true,correct,and complete. Printed name:of licensee Signature of lice see 340 Division ofCotporatinns, Business and Professional Licensing hitps;//www.Qommercc.alaska,gov/cbp!main/Sciimh/Ptitityr)etaiVI 0 Department of Commerce, Community. and Economic Development CORPORATIONS , BUSINESS ■ y LICENSING State of Alaska 1 Commerce f Corporations, Business. and Professional Licensing l Search & Database Dowo.load! Corporations I Entity mils ENTITY DETAILS Name( ) Type Name Legal dame Primrose Provisions, LLC Entity Type: Limited Liability Company Entity#: 10152D48 Status: Gocd Standing AK Formed Date, 1I1G12021 i DurationfExpira#ion. Perpetual Home State: ALASKA Next Biennial Report Otte: 1/2l2025 Entity Mailing Address: PG BOX 1326, SEWARD, AK 99664-1326 Entity Physical Address: 501 RAILWAY A'VEN4JE, SLATE B, SEWARD, AK 99664 Registered Agent Agent blame: Card Fisher Registered Mailing Address: PO BOX 1326 SEWARD, AK 99664-1326 Registered Physical Address: 11885 AMBER STREET, SEWARD, AK 99664 Officials -Show Former AK Entity Name Tales Owned Carr! Fisher Meimbo 100,00 Filed Documents 341 1 of 6/112423,3 PM Division of Corporations,Business and Professional Licensing https:/Avww.commerm,alaska-gov/cbpfmain/SearchlEntjtyDetai lit 0— Date Fitmed Type Filing Certificate 1110l2021 Creation Filing Click to View Click to View 1/10/2021 Initial Report Click to View 1011Sf2022 Bienr7iel Report Click to View COPYRIGHT@ STATE OF ALASKA DEPARTMENT OF C0MMERCE,.00N1ML NITY,AND ECONOMIC DEVELOPMENT _ONTACT US 342 oft 6ll/2023,3:59 W Alaska Business License*2121616 Alaska Department of Commerce, Community, and Economic Development Division of Corporations,Business,and Professional Licensing PO Box 110806,Juneau,AK 99811-0806 This is to certify that Primrose Provisions PO Box 1326,Seward,AK 99664-1326 owned by Primrose Provisions,LLC is licensed by the department to conduct business for the period October 15,2022 to December 31,2024 for the following line(s)of business: 42-Trade;72-Accommodation and Food Services �1.o F T�l�.. This license shall not be taken as permission to do business in the state without having complied with the other requirements of the laws of the State or of the United States. L .r, This license must be posted in a conspicuous place at the business location. It is not transferable or assignable. Julie Sande Commissioner 343 Receipt 4 10(}520680 https:J/int_comrnercealaska.gov/dccedlrec+eipting/Receipt/Detai1)1 D... Department of Commerce, Community, and Economic Development DCCED RE EIPTINC State of Alaska I Commerce I Intranet I Receiptirrg I Receipt/##100520680 RECEIPT #100 0 0 Actions Net Total: $900.00 Edit Receipt (unavailable) Internal Receipt Comment: Customer Receipt Email Rec6pt Transaction #1 Account Item(s) Type: Credit Card Received: 1212812022 Type Amount ,Applicant lief# Amount: $900.00 ALC - Renewal Application Fee $300.00 Prirnruse Provisions 5965 ALC - Alcohol License Fees $600.00 Primrose Provisions 5965 I Payer Carr! Fisher 1 Name: CC Last 4: 2719 Auth 003638 Code: Created: 11412023 Owner: soalsfcarrell Close Out 18802 AO 9: .24t COPYRIGHT STATE OF ALASKA DEPARTVENT OF UDMMERCE. C(3r: i!,.,NITY. ANF) IrCc-)hOfv11C G-EVE_OFMENT CCt�TA_C�f US 344 1 of 1 6 l.'2023,3:55 PM ����4LTdIrI/f�l Office of the Borough Alaska 99669 • 907 714-2160 • 907 714-2388 Fax 144 North Binkley Street, Soldotna, ( ) ( ) Michele Turner, CIVIC Acting Borough Clerk 6/27/2023 Sent via email: clerk@cityofseward.net Seward City Hall City of Seward RE: Non-Objection of Application Licensee/Applicant Primrose Provisions, LLC Business Name Primrose Provision License Type Restaurant/Eating Places - Public Convenience License Location 501 Railway Avenue Suite B, Seward, AK 99664, City of Seward License No. 5965 Application Type License Renewal Dear Ms. Ballou, This serves to advise that the Kenai Peninsula Borough has reviewed the above referenced application and has no objection. Should you have any questions, or need additional information, please do not hesitate to let us know. Sincerely, l-U/t Michele Turner, CMC Acting Borough Clerk cc: info@primroseak.com; mailto:amco.localgovernmentonly@alaska.gov MT/tw 345 AGENDA STATEMENT Meeting Date: July 10, 2023 From: Kris Peck, City Clerk Agenda Item: Non-Objection to Renewal of Liquor License BACKGROUND & JUSTIFICATION: The Seward City Council has the opportunity to object the renewal of the following Liquor License for the following business: Business: Oaken Keg Licensee: Carr-Gottstein Food Co. Type: Package Store License: 4334 The City of Seward Police Department, Fire Department, and Finance Department have no objections to the liquor license for this business. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license renewal, 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 renewal of liquor license for Oaken Keg #4334 Package Store. 346 MEMORANDUM Date: June 9, 2023 RECEIVE[ To. Naneth Ambrosiani Finance/Leases John Rymer Finance/Public Utilities JUN $ 3 2023 Chief Alan Nickell Police Department OFFICE OF THE Chief Clinton Crites Fire Department CITY CLERK From: Kris Peck, City Clerk RE: Verifying compliance for the RENEWAL of a liquor license The following business has applied for a liquor license renewal. Please review for compliance with all utilities, lease payments and assessments. Thank you. Name of Business: Oaken Keg Licensee: Carr-Gottstein Food Co. Type of License: Package Store License Number: 4334 Department Status Initials Date Finance/Leases CW Finance/Utilities �'O-/ Police Chief AJ Fire Chief G" w C'C rZII/o� o Deadline for protest: Tuesday, August 8th, 2023 (60 days from receipt of notification) Last regular council meeting for approval: Monday, July 24, 2023 PLEASE: RETURN TO CITY CLERK no later than noon on Tuesday,Jule 18, 2023 347 =�0�I THE STATE Department of Commerce, Community, o and Economic Development ' + 1 1L1 SKA ALCOHOL& MARIJUANA CONTROL OFFICE 550 West 7t"Avenue, Suite 1600 «• = GOVERNOR MIKE DUNLEAVY Anchorage,AK 99501 ALAS�P Main: 907.269.0350 June 8, 2023 City of Seward; Kenai Peninsula Borough Via Email: micheleturner@kpb.us; iratky@kpb.us; tward@kpb.us; mienkins@kpb.us; 9vanhoose@kpb.us; clackinsky@kpb.us; maldridge@kpb.us; slopez@kpb.us; iblankenship@kpb.us; bcarter@kpb.us; g notify assemblyclerk@kpb.us; kpeck@citvofseward.net; clerk@citvofseward.net Re: Notice of 2023/2024 Liquor License Renewal Application License Type: Package Store License Number: 1 4334 Licensee: Carr-Gottstein Food Co. Doing Business As: Oaken Keg 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 O4.11.480. 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 finds that 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, era-L A, k1l eq� 348 Last Name Date Page 2 Joan Wilson, Director amco.localgovernmentonly@alaska.gov 349 STATE OF ALASKA- ALCOHOLIC BEVERAGF CONTROL BOARD LICENSE NUMBER FORM CONTROL X XX X LIQUOR LICENSE 4334 ISSUIRD 2023 - 2024 LICENSE REN EWAL A?PLICATiON DUE 06/06/2023 DECEMBER 31.2024(AS 94.11270(b)) AMBOARD 'I" EMPORARY T14TS L ICI;N!--TX V3 R PS M I DN'I6 IJT f -'X.-1'. N I Al E.I B EF OW Y'?k(A 1.1C:�.v41:: Package Store 1150 CITY I BOROUGH: Seward Kr;-,--ai Pt-m-c-j1,2 Fwciiijh Claken Kcj #2728 1DG7 Seward Hwy Ca-r-GCqS(&I'l Foods! Co, PC, Bc)'-- 2A-19Fj 'vis 6531 1,SSUEDBYQRVI.iK OFT111' ALCOJ 10IX BEVERAGE CONTR(,1- DIRLCToR 04-�;OG'RSV 1CI20122 THIS 1-1('HNSF vir y�j b:-,ll()S"l 1:1)1�A VISIBLE PLAC-P: I-RLNJISjlS STATE OF A I---V K, A6 F I FORM CONTROL XXV v LIQUOR LICENSE 4334 I S'S U E 1) 2023 - 2024 L. I:N I k I-X]:wA L A 'I'l.I M-1 ON N 1 AMBOARD TEMPORARY -III:"JACL%'SF l+BkLAFN'2S. TYPE OF LICC-NSE: Package Store LICI-N-SE FEE, $1,500.00 CITY)BOROUGH: Kpoai �lenim-mlzl. iko-n.2-9h Tbl-, 11L'1 :11: 1 of ffic Alcolivlk, bcncmgc C01ILT01 Board Oaken Keg #2728 ISSUED BY ORDER OF THE 1907 Seward Hwy ALCOHOLIC P EVERAGE CONTROL BOARD Carr-Gottstein Foods Co. COPY PO Box 29096 Ivs 655" f)lRrC-rOK Phoenix, AZ 85038-9096 NIUSTRF POSTED IN AVLSlDLrPL-AC[,(%lj 11+11'R�-.MISF.� rll-9W (REY DomiSign EnveiGpe ID:22Ft654EF-R347A653-AA14-02FCOFe�E2CC jA1.7.ska A�calholic Beverage Control Board N AE-17.- 2023/2024 License Rcnlovw-A�, A�pplication, A . 01 x, :N�) ,410 Al.i.qkj Alcoholic Be'-iZ:FnIi7C- Form AB-17: 2023/202-4 Generar P.enewal Application IHLS[C.-I 111da V(OQuired Supplemental forms Musr rx! AS04.1- �AV-304.160.wiih all reqIJ11,Hn ;'aid -j!i rc-rruwall cr any fees fol I i:Ar-;-,,W--,- i vwl r,.,ewpired per AS UA.11.bW,3 AAC -t be dc curt,parie J by Ll lu 1 Lm Ared Ities and Al d ucuments Section 't F-5tabli-Shfilcilt COO-tact Information U cell 50 L' (0 k"-oLicense If: 14334 LicenseType- Doing Business As,: Local Ciovt.-rririf, BAV: If your mailing;iddi, J ...:.od, i!;rrr, rho nddq;';q helow: n I r C t"e: i State: Section 2 - Licensee Contac;t WN)rg-ftat1011 Contact Jwnsve: 1I.r ridrghizil liird C,I-t.)FLlie vxn ershii:^-�.,.x- -; -11,7 ire'_,,:.'on 1. i.perstn bL'ti v7c31r)t Lpf Wntcct I zq;"I C1111r,IF.,I'l kinless the Crr on-1 fonnpleted, ic�r>tart Licensee: Cady Perdue Contact ftona�, 208-395-3216 legal.licens ng teamZalbertsorss.zcm y--.. .-a5h roi AMCC star[to communicate wrth anyone other than the Contact Licensee(such as legal couniell about Viour liiprisu, IA LI-I! -'rm,n --ii-,�i i tKlew: Nam L,ot C oritact; Naomi Na,,,amijra-Deer. Contact PhEV7- 925-226-5065 legal.licensing.team@a[bertsons.ocm Section 3 - for Package Stores ONLY: Written Order Information Y L., N Q Do you intend to sell alcoholic la v rages and ship them to another lo-rathor ill response to written SOUCI ta 1i on in r calendarWars 2072 andj6r)023? n -1 f'171212 21 Page 1 of 3 351 DocuSign Envelope ID:22E654EF-8347-465B-AA14-02FCOF6CE2CO ,4 Alaska Alcoholic Beverage Control Board Form ALA-17: 2023/2024 License Renewal Application fSection 4 - Ownership Structure Certification YES NO Did the ownership structure of the licensed business change in 2021/2022? ElIf ' i If Yes,and you have NOT notified AMCO,list the updated information on form AB-39:Change of Officers and submit with your renewal application. If No,certify the statement below by initialing the box to the right of the statement. 11 certify that the ownership structure of the business who owns this alcohol license did not change in any way during GP the calendar years 2021 or 2022. Section 5 - License Operation fCheck ONEBOXfor EACH CALENDAR YEAR that best describes howthisliquor license was operated: 2021 2022 11. The license was operated for more than 240 hours throughout each year. (Year-round) 2. The license was only operated during a specified time each year.(Not to exceed 6 months per year) FM 0 If Your operation dates have changed,list them below: i to i 13. The license was only operated to meet the minimum requi rem ent of 240 total hours each calendar yea r. A complete AB-30:Proof of Minimum Operotion Checklist,and all documentation must be provided with this form. 4. The license was not operated at all or was not operated for at lea stthe minimum requirement of 240 total —1 M hours each year,during one or both calendaryears.A complete Form AB-29:Waiver of Operation Application 10 and corresponding fees must be submitted with this application for each calendar year during which the license was not operated. If you have not met the minimum number of hours of operation in 2021,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 6 - Violations and Convictions YES NO Have ANY Notices of Violation been issued for this license? 1 Has ANYperson or entity in this application been convicted of a violation of Title 04,3AAC304 or a local ordinance adopted under AS O4.21,010 in 2021 or 2022? F - u If you checked YES,you MUST attach a list of all Notices of Violation and/or Convictions per AS 04.11.270(a)(2) if you are unsure if you have received any Notices of Violation,contact the office before submitting this form. Section 7 -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 I agree to provide all information required by the Alcoholic Beverage Control Board or requested by AMCO staff in support of jthis 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 the license being potentially expired if I do not comply with statutory or regulatory requirements. • I certify that in accordance with AS O4.11.450,no one other than the licensee(s),as defined in AS O4.11.260,has a direct or indirect financial interest in the licensed business. �• I 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 I have provided AMCO with all required changes of the ownership structure of the business license,and have provided all required documents for any new or changes of officers. i [Form AB-17](rev 9/27/2022) § 2 of 3 ` ;�t f Page i 352 Elccu iz:-i .-,,1 11) Alaska A[coholic BeVuroge Cc)pitjcj 5D.-ir(i Form AB-17: 2023/2024 License Renewo! Application I cerUfy that a I I ke4isecc.-, :11,1:7 r)Y7-:.!V I-(:fel I C., si-,-ve 9tcohcix btritra,-t.s P-i.neci' fic-d tior%.f pWon5 hav C0r-rj3lEtL-C ar 3:Coh0l L;_uru u.ppr, vrS by the AEC Boarc and kccp currr-,rt,valid-copic_of t'.-iLir couriL enrapletir-,rarr, on tr12 I cen-, peemi=(,,c during @I %voi ";Ig ho-r-;,it;1.pplic.izi gDr;his liceiise Lype m-,ct-crth, 'n AS 04 2 1.C 7.5 i%n c ?A AC 30L. h�re by C ef U }- -!a L I aril 'I-e p o ma n herein n a rn ed s nd s u b scr"b i,-a to vi's a p p:i ci-.-i L,,i ri J--h�i I 1 h iiV42 read t.-i e co-n p I e Le applica nr, nd I knf,,v)!i-r -.. I Lj 1 11 11 11Zj L-Uf� I C: dj I 71,r the Inforin Aior,MlLeined herein, >rd eviclericE c--thEr-&-cCrnerts E;u bm i t-,c j -;r- u--c ri L; corr c c L.i i n d C.r 'i c: -;'0 CV1"-.:1 1::H r,1)',;Q-1 )r i S F c p re5 t ),,d U u i i of any Lein.u i pu i-.sv i r- :"i i,app I ca t10 n, or ;7,nv a*:�3 r—c-i- r r)c u rn ents t D s j p 1A L:.,:, i i, 7.1 r.;. i=:' 6,n n 'r-,Li n r] -Dr d o:n j n� D 7 r e vo.-i n g a 'i LefF.�fp tr rn t. U Fl.'I t F r a-,d that it 5 Cass A mi_-J r-1 t i i Ak,r i,.I k c 11.5 2=rJ=Q F;1M ifv an ,.p I;,ca ri r ar.c coriiry t i e[rune'0 L n S,.vo r r,f a I,i I i c a t on 1A I 'o- �A 3gnatj„ :7i li-. a tu re of Notary Public I CoJ,,, Perd,-6 Nota-y :IS !1 j-d(or th= of [Av cDni.TidEsion expires: SL'bSCri r4 mwyorn 'o beFrf e rne this_cay of kestawan"and Eating Face applications rrust:relude n completed 4B-3 . Rcrta,;rant �ccei:!Is MfidaviL R ocrealion a I Site apn I c�ii: 1r,'r11! I o a c a mp'eied A 8 �r)' I Sit-Stii:elykent Tourism i p rp icntion,5 il I vsL mc. -'c, -Z np I elecf A B-�7:Tok-[ St i�-.-,men t 1.1ft I c-sale a pp I ic2r'onc I— C—:1. C0-np I eteCl A C)-2j: SUrpd�; r7.-i ',7ornmon Cartier I- ;,i rduC,-, E cwrent sale_} '.rispection All rer)ewal and supplenwal farms are available onliner co r-,-r.e-ce,--j I as k 9 7./a r-c,/11 1 c o-,c I U�-in r 5 cA,,'j, r..,L I rj(1 Al-BiNJAC AR`: P U1 F Ll G _117 P)R OFFICE USE ONLY ig 0 A It Cw5e Fee; ts ----r4pilkaHan Fec- 331D.00 mist.Few Taal Fees tkw. $ 1 rn A&34(rev 9/27MU) Page!3 of 3 1 353 Sla1123,11 W AM Receipt 9100520247 State of Alaska!Commerce 1 Intranet 1 Receipting J Receipt I#1 OU52a247 RE EIPT ##100520247 Actions Net Tutat: $30,600.00 Edit Receipt Comment: internal Receipt Customer Rec;eipl Small Receipt Transaction #1 Account Itern(s) Type: Credit Card Raceived: 1212912022 Ref Amount- $1 5,3D9.00 hype Amount Applicant # ALC - Renewal Application $300.00 Oaken Keg#1811 2266 Bayer Carr-G4ttsteir� Foods Fee Marne: Co. CC Last 4: 7565 ALC -Alcohol License Fees $1,500.00 Oaken Keg #1811 2266 ALC - Renewal Application $300.00 Oaken Keg Spirit Shop '799 �4uth 4D7624 Fee #1809 Cade: ALC -Alcohol License Fees $1,500.00 Oaken Keg Spirit Shop 799 C reated: 11 2023 #1809 Cwner: soMcabrito ALC-Renewal Application $300M Oaken Keg #1807 1464 Close Out 18808 Fee #: ALC-Alcohol License Fees $1,540.00 Oaken Keg #1807 1464 AG #: J 2467 ALC- Renewal Application $300.00 Oaken Keg 41805 793 Fee ALC -Alcohol License Fees $1,500.00 Oaken Keg##1805 793 ALC - Renewal Application $300.00 Oaken Keg#1802 792 Fee ALC -Alcohol License Fees $1,500.00 Oaken Keg #18C2 792 ALC - Renewal Application $300.00 Oaken Keg#1739 2098 Fee ALC-Alcohol Lice rise Fees $1,500.00 Oaken Keg#1739 2098 ALC - Renewal Application $300.00 Oaken Keg#0720 795 Fee ALC -Alcohol License Fees $1500.00 Oaken Keg 40720 795 354 Mips:lrint-camrnerre.alaska."o d"edlreceiptinglkeceipVDetaiil1 024F 113 31�23. 11;07Ahr1 Receipt4100523247 Ref Type Amount Applicant # ALC - Renewal Application $300.00 Oaken Keg #2728 4334 Fee ALC -Alcohol License Fees '$1,500.00 Oaken Keg 42728 4334 ALC - Renewal Application $300.00 Oaken Keg #2628 4167 Fee ALC -Alcohol License Fees $6UU.t}0 Oaken Keg 92628 4167 Transaction #2 Accent Ftem(s) Type: Credit Card Received, 12/29/2022 Ref Amount: $15,300.00 Type Amount Applicant # ALC - Renewal Application $30�0,00 Safeway#2522 174 Payer Carr-�ottstein Foods Fee Name: Co. CC Last 4: 7565 ALC -Alcohol License Fees $1,500,00 Safeway#2522 174 ALC - Renewal Application $300.00 Oaken Keg Spirit Shop 1336 Auth 009144 Fee #1843 Cade: ALC -Alcohol License Fees $1,500.00 Oaken Keg Spirit Shop 1336 Created: 1/312023 #1843 Owner: soalca5rito ALC - Renewal Application $300.00 Oaken Keg#1833 2912 Close Out 18808 Fee #; ALC -Alcohol License Fees $1,500.00 Oaken Keg#1833 2912 AG#: 12467 ALC- Renewal Application $300.00 Oaken Keg #1818 4361 Fee ALC -Alcohol License Fees $1,500M Oaken Keg#1818 4361 ALC - Renewal Application $300.00 Oaken Keg 41817 2094 Fee ALC -Alcohol Late Fees $1,500.00 Oaken Keg #1817 2094 ALC- Renewal Application $300.00 Oaken Keg #1813 1799 Fee ALC - Alcohol License Fees $1,500 Off Oaken Keg#1813 1799 ALC - Renewal Application S300.00 Oaken Keg 41812 1397 Fee ALC -Al hol License Fees $1,500,00 Oaken Keg#1812 1397 ALC - Renewal Application $300.OQ Oaken Keg #1808 3218 Fee ALC -,Alcohol License Fees $1,500.00 Oaken Keg #1808 3218 ALC -Alcohol License Fees $900 00 Oaken Keg#2628 4167 355 hitp a;Jlint.comnierc:e.alaska,gpvldceedtrme�ptinglReceipt/Detaiil140520247 561 f23, 11'2H AM Division of Corporations,Business and Professinnal Licensing ENTITY DETAILS Names) Type Name Legal Name Carr-Gottstein Fcods Co Entity Type. Business Curpuration Entity#: 10023528 Status:. Good Standing AK Formed Date: 911 6120 1 4 DurationlExpiration: Perpetual Home State: DELAWARE Next Biennial Report Due: 1/212024 Entity Mailing Address. CORP TAX DEPT, PCB BOX 20, BOISE, la 83726-0020 Entity Physical Address: 11555 DUBLIN CANYON RD, PLEASANTON, CA 94588 Registered Agent Agent Name, DOLCRES OWEN Registered Mailing Address: 9360 GLACIER HWY,SUITE 202, JJNEAU,AK 99801 Registered Physical Address: 936C,GLACIER HWY, SUITE 202,JUNEAU,AK CigB❑1 Officials OShow Former AK Entity# Name Titles Owned BRADLEY BECKSTROM Msistant Secretary,Director CODY PERDUE Director,Treasurer, Vice President JULIETTE PRYCR Secretary, Director SSI-AK HOLDINGS, INC, Shareholder 104.00 VIVEK SANKARAN President Filed Documents Date Filed Type Filing Ca'titicate 911612014 Creation Filing Click to View Click to View 4/0212D15 Correction Click to View Click to View 5/1312D15 Change of Officials Click to View 511312015 Agent Change Click to View 1 011 9/201 5 Biennial Report Click to View 12M5/2017 Biennial Report 356 Click to View ht#ps,lltvww.commerce.alaska,g VlCbplrn�i�I5earChlentilies 1/2 513V23, 11:28 AM Division of Corporations.Business and ProFessional Licensing Date Filed Type Filing Gerti�f�cate 1010312019 Biennial Report dick to View 11}Q3(2t720 Change at Officials Glick to View 11}16f2020 Agent Change Click to View 120 3/2021 Biennial Report Click to View Close Detaits 4W Print Friendly V'erslon I 357 https:iiwww.commerce.a laska.govfebphnainlsearchientities 212 Alaska Business License#1010874 Alaska Department of Commerce, Community, and Economic Development Division of Corporations,Business,and Professional Licensing PO Box 110806,Juneau,AK 99811-0806 This is to certify that OAKEN KEG 251 Little Falls Dr, Wilmington, DE 19808 owned by GARR-GOTTSTEIN FOODS CO ENDORSEMEN1: 1010874-12 Effective November 22,2021 through December 31.2023 This business license has an endorsement for the physical address shown below: #2728 1907 SEWARD HWY,SEWARD,AK 99664 Ay OF TFi�,, w 3h This license shalt/not be taken as permission to do business in the state without having +.0+' 3� complied with the other requirements of the laws of the State or ofthe United States. t This license must be posted in a conspicuous place at the business location. It is not transferable or assignable. Julie Anderson (J F�LAS Commissioner Ordinance 2023-018 An Ordinance of the City Council of the City of Seward, Alaska, Approving the Land Use Amendment to Rezone a Portion of Proposed Tract 5A, Dairy Hill Subdivision Addition No. 1 , from Single-Family Residential (R1) Zoning District to Resource Management (RM) Zoning District Documents: • Agenda Statement • Ordinance 2023-018 • Rezone Application • Ownership Affidavit • Property Location Map • Preliminary Plat Map • Current Zoning Map • Proposed Zoning Map • Bayview Addition • U.S. Survey 241 • May 9, 2023 P&Z Minutes 359 City Council Agenda Statement Meeting Date: June 26, 2023 To: City Council Through: Norm Regis, Acting City Manager From: Jason Bickling, Community Development Director Subject: Ordinance 2023-018: Approving the Land Use Amendment to Rezone a Portion of Proposed Tract 5A, Dairy Hill Subdivision Addition No. 1, from Single-Family Residential (R1) Zoning District to Resource Management (RM) Zoning District. Background and justification: Steven C. Leirer has submitted an application to rezone the southwest portion of proposed Tract 5A in the Dairy Hill Subdivision Addition No. 1 from Single-Family Residential to Resource Management. The initiation for a land use amendment to rezone this portion of Tract 5A is by the petition of the majority of the property owners in the area to be amended meets the criteria, as required by Seward City code 15.01.035(b)(1). The majority of Tract 5A is already zoned Resource Management and has been zoned Resource Management since 1992. The southwest corner zoned Single-family Residential is a remnant of the R1 zoning district created in 1962 for Lots 1-18, Block 1, Bayview Addition, on the west side of Tract 5A when First Avenue was mapped to go from the south of town through to the north of the Lagoon. These parcels were dissolved and combined with a portion of U.S. Survey 241 to create Tract 5, Dairy Hill Subdivision. At the time that Tract 5, Dairy Hill Subdivision was created, the split zoning created by combining various parcels of land should have been addressed but was not. Since Mr. Leirer has been approved to further subdivide Tract 5, he is hoping to correct the split zoning remaining in the proposed Tract 5A at this time. The portion of land being requested for a rezone is contiguous with the proposed zoning district, which meets the requirements in Seward City code 15.01.035(b)(3). On May 9, 2023, the Planning and Zoning Commission approved Resolution 2023-012, which recommended the above stated land use amendment for approval by City Council. The public notification process was complied with, and the appropriate public hearing as required by Seward City Code § 15.01.040. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Vol 1, Chapter 3.2.1.1 — "Manage land use to facilitate economic development while maintaining the historic, small town character of Seward." 360 Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ 0 This legislation (✓): Creates revenue in the amount of: $ Creates expenditure in amount of: $ Creates a savings in the amount of: $ x Has no fiscal impact Funds are (✓): x Budgeted Line item(s): Not budgeted Not applicable Fund Balance Information Affected Fund (✓): General SMIC Electric Wastewater Boat Harbor Parking R Water Healthcare Motor Pool Other Note: amounts are unaudited Available Fund Balance $ n/a Finance Director Signature: ` Attorney Review xeYes Attorney Signature: � -- Not applicable Comments: Administration Recommendation xeAdopt Ordinance Other: 361 Sponsored by: Regis Introduction: June 26, 2023 Public Hearing: July 10, 2023 Enactment: July 10, 2023 CITY OF SEWARD,ALASKA ORDINANCE 2023-018 An Ordinance of the City Council of the City of Seward, Alaska, Approving the Land Use Amendment to Rezone a Portion of Proposed Tract 5A, Dairy Hill Subdivision Addition No. 1, from Single-Family Residential (R1) Zoning District to Resource Management (RM)Zoning District WHEREAS, Steve Leirer has submitted a rezone application to the City of Seward for review by the City Council; and WHEREAS, on May 9, 2023 the Planning and Zoning Commission approved Resolution 2023-013, recommending the approval of this land use amendment application to City Council; and WHEREAS, the majority of property owners in the area to be amended have petitioned to rezone a portion of proposed Tract 5A, Dairy Hill Subdivision Addition No. 1 as specified in Seward City code §15.01.035(b)(1) ; and WHEREAS,the area to be amended is adjacent to an existing contiguous portion of land zoned Resource Management, which is one of the necessary requirements as specified in Seward City code §15.01.035(b)(3); and WHEREAS, the area to be amended is the remnant of a proposed, but never developed subdivision from the 1962 Seward City zoning map when First Ave was planned to connect the south end of town to north of the Lagoon; and WHEREAS, this previously proposed subdivision is not currently platted and there are no plans for it to be platted in the future; and WHEREAS, the public notification process was complied with and the appropriate public hearing as required by Seward City Code §15.01.040; and WHEREAS, Seward City Code §15.01.035(a) requires that any proposed changes to the Land Use Map be reviewed and approved by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The City Council hereby approves the land use amendment to rezone a portion of proposed Tract 5A, Dairy Hill Subdivision Addition No. 1, from 362 Ordinance 2023-018 Page 2 of 2 single-family residential (R1) zoning district to resource management (RM) zoning district. Section 2. This ordinance shall take effect ten days following its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska this 10th day of July, 2023. THE CITY OF SEWARD,ALASKA Sue McClure, Mayor AYES: NOES: ABSENT: ABSTAIN: VACANT: ATTEST: Kris Peck City Clerk (City Seal) 363 CITY OF SEWARD Community Development P.O.Box 167 907.224.4049 410 Adams Street planning@ckyofseward.net Seward,Alaska 99664 LAND USE PLAN AMENDMENT - REZONING APPLICATION This completed application is to be submitted to the Community Development Department no later than six (6) weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting. Regular meetings are held the first Tuesday of each month. The application must be accompanied by the $300 filing fee. Petitioner: Josh Varney, PLS, Lounsbury&Associates, Inc. (on behalf of the Leirer Family Limited Partnership) Address: 3230 C St. Ste.201 Telephone Number: 907-743-2128 Email: j.varney@lounsburyinc.com Property Description Address: 212 Dairy Hill Lane,City of Seward,Kenai Peninsula Borough,AK Lot: Tract 5 Block: NIA Subdivision: Dairy Hill Subdivision, Plat#2000-21,S.R.D. Size of subject area: 15.297 acres Number of parcels within subject area: 3 Additional Information Located in Historic Overlay District? Yes U No W Intended use and/or reason for rezoning: We intend to subdivide Tract 5 of Dairy Hill Subdivision into three(3)new tracts and dedicated ROW.2 of the new tracts will front Bayview Place and a newly dedicated ROW for a cul-de-sac.The intended use for Tract 5C will be for a single-family home.Tract 5B will remain RM zoning,with the intent being to put the lot on the market and re-zone at a later date for future development We are requesting to re-zone the entirety of Tract 5A into RM zoning from its current split RM and R1 zoning. Does the proposed amendment comply with the Comprehensive Plan? Please list how below. Sctivard 2030 Comprehensive Plan Volume 1: h2ps://www.ei!yofsewaT-d.tis/home/showdocument?id=1705 Volume 11: h s:Hwww.ci ofseward.us[home/showdocument?id=1707 We will be correcting a split-zoned lot by re-zoning Tract 5A to Resource Management. 364 Does the proposed amendment comply with the Historic Preservation Plan (skip if not within Historic Overlay District) N/A What is the effect of the zoning amendment on the property owners and on the community at large? We believe that the re-zoning of this lot and remainder tract will be beneficial to the community at large by fixing a split-zoned lot.The effect on adjacent property owners will be minimal as the adjacent lots are currently within both R1 and R2 zoning. I hereby certify that the above statements and other information submitted are true and accurate to the best of my knowledge. I understand that this item will be scheduled for action only if all application materials are submitted not less than six (6) weeks in advance of the next regularly scheduled Planning and Zoning Commission meeting. Regular met ings are held he first Tuesday of every month. Applicant Signature: Enclosed: $300 Payment (x) Map of the subject area (x) Other: Cert.to Plat and Letter of Authorization (x) A map is required to accompany this application. Proof of ownership for parcel(s) must be available if Borough tax roles do not indicate applicant's name. The APPLICATION and MAP (indicating the specific area) must be submitted together, with a FEE of$300.00 (payable to the City of Seward) to the Community Development Office. Please mark the method through which this Rezone application is being initiated: (5CC 15.01.035 (b)) ( } By the City Council on its own motion; ( ) By the commission on its own motion; (x ) *By petition of a majority of the property owners in the area to be amended; ( ) *By petition bearing the signatures of 50 registered voters within the City; or ( ) *By petition as provided by the home rule charter of the City. *If the initiated method was through petition, please include the signatures on the page provided or additional pages if needed. 365 Signatures of individuals supporting the proposed rezone area. (Attach a separate sheet if necessary) SIGNATURE ADDRESS (legal) DATE �7Qr,z4 rj 4 K rig 366 lounshury & assoc 0 ales, inc, March 15th, 2023 Mr.Jason Bickling Mr.Scott Huff Director Platting Manager Community Development Department Planning Department City of Seward Kenai Peninsula Borough 238 Fifth Avenue 144 N. Binkley Street Seward,AK 99664 Soldotna,AK 99669 Subject: Letter of Authorization: Dairy Hill Subdivision,Tract 5 Replat Dear Mr. Bickling &Mr. Huff, As partners in the Leirer Family Limited Partnership,we own the property located at 212 Dairy HIII Lane(Tract S, Dairy Hill Subdivision, Plat#2000-21 S.R.D., Parcel ID#14510414) in Seward,AK located south of Phoenix Road, west of the Seward Highway and north of Dairy Hill Lane. We hereby authorize Lounsbury&Associates, Inc.to act on our behalf as petitioner submitting land use and platting actions to the City of Seward and the Kenai Peninsula Borough for the above referenced parcel of land. Signed: �1lslz�z� Steven C. Leirer Date Carol J. Laurie Date /vy Dana J. Leire Date &A�Jp� 3230 C St.Ste.201,Anchorage,Alaska 99503 T:907-272-5451 F:907-272-9065 1175 N.Leathedeaf Loop Ste.D Wasilla,Alaska 99W T:907-357-9129 F:907-357-9140 418 Wedgewood Drive Fairbanks,Alaska 99701 T:907-374-8547 F pinee� WWW. LOUI �? 367 w t 0 Z W � ofF. O �" �i,� _ D 1 •..s x« w r, rn ALIKE — x t �Aor 'y. " w 1 a w. 401 r. * #Ir��.: "Trx, N RTH HARB U Ow LL , Preliminary Replat and Partial Rezone of Dairy 212&213 Dairy Hill Subdivision Hill Subdivision, Tracts 1-5, Tract 5 Dram By: Selena Soto N 0 100 200 400 Feet Due to different data sources property lines and aerial imagery do not overlay correctly. Map is to be used for orientation and reference purposes only. Mapping Assistance by Alaska Map Company,LLC 368 L E �--gf �o airE aoprnav im �'� s tia L Ga �� �YbsWELL sr � -IA P4£(40) Ixpp'}Ir Tw eases xtl nrxm �f T�� m ky$ n ^ -8 YNEW � pAYNEW PLd�F(60) V�" � g ' C ALALF 8 3 Mm�u7 nSl _ nRsi AVE xtV _ N�m O2 LOi 13 YLOT 3 �r Z w e� � LOT 14 Lpr e Ob C M m K li x n LOT 15 lOT� LOT 16 LOT6 LOT 17 Lor >H/Ro AYF(6pJ _ ,I f2azza 4gw}zs.�>'wrl LOT 18 LOT 4 AL10E OR.(FOW VARIES) '+ — — T LOT 3 WY���v4 �\$• G I LOTS B1oLN'la �� HA�kRO SMAGL BOAT 2-�� $ a �.. FOURTR Alf(66) o J — ti �i >4 ; �m a$ - e �o ��- 0 m n= _ $� m � m y a � r n m a ns LO > o a g � a m 54 0 0 m I¢�o - �- n 369 aIE a F WSF AW LLL I o L_-u_�_ 1 4� � \ �• nai �� RPLACf - BAYIAEW ALACE(66') -' Fp �"- z i � � m i m Aucr oR(ROW vARrts� K'. t N g z T z ow SEWARO 5N�'10 Lo v yy q v Y " x z �` a ••! C d o y.€ o`0 Y y <_-Z ro _ w Lot/ s '1 c 370 $ Current Zoning I I I T I HI r z v 2 y "'M'* low D < S rn A � PORT a = R a Q � � m J J I � I � ~ J FLOAT SMALL B H FLOAT SMALL R Maxa;r Proposed Rezone Ell rn ' HOE I � A RM L PORT P R1 a _ RM RM Legend: f ® Proposed Rezone to RM ALL El Proposed ROW dedication o Proposed Lot Lines ALL — � Maxar 372 s , ri r v r _ a _ 4 o .... "........ « 'D STREET « rij � I s '�z'A j w TRE ;1- r a a A � , 5 s � _. 1 }B � 4 Of' HAY VIEW ADDITION r r « C i aL� c I •s J r, a W _ •h ,\i\ a is \ — -....-. -- 14, lo ------------- zi *I - -`G L-`-------------- I No .•�f XT .,vim _ S j.��'•' Z1z' t -----�asr--M1bOn .>..w_•-.vim -- ___ +li:l ( 374 _ City of Seward,Alaska Planning&Zoning Commission Meeting Minutes May 9, 2023 Volume 8, Page CALL TO ORDER The May 9, 2023 regular meeting of the Seward Planning & Zoning Commission was called to order at 7:00 p.m. by Chair Clare Sullivan. OPENING CEREMONY Commissioner Nathaniel Charbonneau led the pledge of allegiance to the flag. ROLL CALL There were present: Clare Sullivan presiding, and Vanessa Verhey Nathaniel Charbonneau Victoria Monaco Brenan Hornseth Sean Ulman Comprising a quorum of the Commission; and Courtney Bringhurst, City Planner Brenda Ballou, City Clerk Excused— Staggs Absent—None CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING—None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Charbonneau/Monaco) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the following approved consent agenda items: Approval of the April 4, 2023 P&Z Meeting Minutes. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards —None City Administration Report. City Planner Courtney Bringhurst stated she had attended the American Planning Association national conference in Philadelphia and it had been a great opportunity to interact with 375 City of Seward,Alaska Planning&Zoning Commission Meeting Minutes May 9, 2023 Volume 8, Page other planners. She included in tonight's packet a comprehensive write up of key takeaways from several areas, including public engagement, housing, zoning and equity, parking, and accessible and inclusive environments. She learned a lot and wanted to incorporate many of the best practices into the commission's work. Other Reports and Announcements —None Presentations —None PUBLIC HEARINGS Resolutions Requiring Public Hearing Resolution 2023-011, Recommending Kenai Peninsula Borough Approval Of The Preliminary Replat Of Dairy Hill Subdivision, Tracts 1-5, Tract 5; Located At 212 & 213 Dairy Hill Ln & 1601 Phoenix Rd; Creating Dairy Hill Subdivision Addition No. 1, Tracts 5A, 5B & 5C. Motion (CharbonneauNerhey) Approve Resolution 2023-011 Bringhurst said this resolution would create two new parcels, both of which already had access to sewer and water. There was a road continuation platted, but the road would need to be constructed. Electric would have to be brought in, as well as a fire hydrant at the end of the newly- constructed cul-de-sac portion of the new road. The remainder of the parcel would remain in its current state. Lot 5A would be the only lot in the flood zone. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Steve Leirer, inside the city, had provided a laydown earlier today. He wished to divide the property so that new homes could be constructed on a portion of the land. Jennifer Carr, inside the city, lived near this property. She came to the meeting tonight to understand where the housing was proposed to be developed. No one else appeared and the public hearing was closed Bringhurst said lots 5A and 5B were proposed to be developed. Charbonneau was pleased that the utility easements were already in place. He had walked the property and thought the lots in question looked buildable. Monaco concurred; she had also walked the property and thought the lots looked good for developing. Motion Passed Unanimous 376 City of Seward,Alaska Planning&Zoning Commission Meeting Minutes May 9, 2023 Volume 8, Page Resolution 2023-012, Recommending City Council Approval Of The Land Use Amendment To Rezone A Portion Of Proposed Tract 5A, Dairy Hill Subdivision Addition No. 1, From Single-Family Residential (R1) Zoning District To Resource Management (RM) Zoning District. Motion (Charbonneau/Monaco) Approve Resolution 2023-012 Bringhurst said Tract 5A was one parcel, but was currently split into two zones. This resolution would remove the split and make the entire Tract 5A a single zone of Resource Management(RM). Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Steve Leirer, inside the city, said this rezone would correct the split zoning on Tract 5A. He wanted to remove the R1 zoning and make it all RM. No one else appeared and the public hearing was closed. Motion Passed Unanimous Resolution 2023-013, Recommending The City Council Amend Portions Of Seward City Code; 15.10.140(B) Definitions, Pertaining To Bunkhouse, Lot, And Long-Term Rental; 15.10.222 Development Requirements Table, Updating The Minimum Buildable Lot Size For Single-And Two-Family Residential Zoning Districts,And Adding Table Notes For Lot Frontage; And 15.10.226 Land Uses Allowed Table, Adding Long-Term Rental, And Changing The Outright Use Of Dormitories In The Office Residential And Institutional Zoning Districts To Require Conditional Use Permits. Motion (CharbonneauNerhey) Approve Resolution 2023-013 Bringhurst said the commission had conducted work sessions on this topic starting in November last year and going through April this year. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared and the public hearing was closed. Sullivan thought the commission had done a lot of work on developing this resolution. Charbonneau concurred and thought the commission had been thorough. Motion Passed Unanimous UNFINISHED BUSINESS —None NEW BUSINESS 377 City of Seward,Alaska Planning&Zoning Commission Meeting Minutes May 9, 2023 Volume 8, Page Other New Business Items Discuss 2023 Planning and Zoning Priorities for the joint work session with city council on May 22, 2023. Bringhurst reviewed the commission's 2023 priorities. Discuss the topic for the May 23, 2023 work session: Cemetery Presentation and Cemetery Master Plan Review. INFORMATIONAL ITEMS AND REPORTS Reminder: P&ZJoint Work Session with City Council on May 22, 2023 at 6:00 p.m. A quorum is required. Reminder:P&Z Work Session on May 23, 2023 at 6:00 p.m. Reminder:P&Z Meeting on June 6, 2023 at 7:00 p.m. CITIZEN COMMENTS —None COMMISSION AND ADMINISTRATION COMMENTS AND RESPONSES TO CITIZEN COMMENTS Ulman thanked Bringhurst for the great information from the APA conference. Hornseth appreciated Bringhurst for bringing good information back to the commission and thanked the clerk for working with the commission. Charbonneau thanked administration and the clerk. Verhey was pleased to see members of the public at the meeting tonight. She thanked Bringhurst and the clerk. Monaco thanked Bringhurst for attending the APA conference and wished the clerk well. Sullivan appreciated everyone coming to tonight's meeting. She was thankful that there had been public interaction. She thanked Bringhurst for the meeting and thanked the clerk for her years of service. 378 City of Seward,Alaska Planning&Zoning Commission Meeting Minutes May 9, 2023 Volume 8, Page ADJOURNMENT The meeting was adjourned at 7:51 p.m. Brenda Ballou Clare Sullivan City Clerk Chair (City Seal) 379 Ordinance 2023-019 An Ordinance of the Seward City Council, Amending Seward City Code; 15.10.140(b) Definitions, Updating Bunkhouse and Lot Width, and Adding Long-term Rental, Flag Lot, and Lot Frontage; 15.10.222 Development Requirements Table, Updating the Minimum Buildable Lot Size for Single-Family and Two-Family Residential Zoning District and adding Table Notes for Cul-de-sac and Flag Lot Requirements; and 15.10.226 Land Uses Allowed Table, Changing the Outright Use of Dormitories in the Office Residential Zoning District and Institutional District to Require Conditional Use Permits, and Adding Long-Term Rental Documents: • Agenda Statement • Ordinance 2023-019 380 City Council Agenda Statement Meeting Date: June 26, 2023 To: City Council From: Planning and Zoning Commission Through: Norm Regis, Acting City Manager Agenda Item: Ordinance 2023-019: Amending Seward City Code; 15.10.140(b) Definitions, Updating Bunkhouse and Lot Width, and Adding Long-term Rental, Flag Lot, and Lot Frontage; 15.10.222 Development Requirements Table, Updating the Minimum Buildable Lot Size for Single-Family and Two-Family Residential Zoning District and adding Table Notes for Cul-de-sac and Flag Lot Requirements; and 15.10.226 Land Uses Allowed Table, Changing the Outright Use of Dormitories in the Office Residential Zoning District and Institutional District to Require Conditional Use Permits, and Adding Long- Term Rental Background and justification: According to §15.01.035, the Planning and Zoning Commission by its own motion may recommend amendments to Title 15 to the City Council. Additionally, on February 27, 2023, the City Council approved the Planning and Zoning Commission's 2023 priorities, which included "make recommended updates to Title 15." Recent discussions regarding short-term rentals brought up the need to define long-term rental and add that use to the Land Uses Allowed Table. On November 15, 2022 the Commission held a work session to discuss the wording for a definition of long-term rentals. Developments over the past couple years within Seward have also highlighted various portions of the development requirements within Seward City Code that lack necessary specifications and/or regulations. On December 20, 2022 the Commission held a work session to discuss terminology and requirements regarding lot frontages and lot widths. An additional work session was held on April 18, 2023 to discuss proposed amendments to Title 15, and to discuss the definition and requirements for bunkhouses and dormitories. In summary, the effect of this legislation is as follows: • Removes language from the definition of bunkhouse that restricts its use to a certain type of employee • Adds a definition for flag lot and lot frontage. • Specifies how lot frontage will be measured. • Specifies how lot width will be measured for cul-de-sac lots and flag lots. • Adds a definition for a long-term rental dwelling. • Corrects the development requirements Table to reflect the minimum lot size allowed in R1 and R2 that has been in the Table Notes for some time. 381 • Clarifies language describing lot size and lot frontage requirements for the south and north portion of the city. No requirements were changed. • Adds lot size and lot frontage requirements for cul-de-sac lots and flag lots. • Changes the outright use of dormitory in the Office Residential and Institutional Zoning Districts to require Conditional Use permits in the Land Uses Allowed Table. • Adds long-term rental to the Land Uses Allowed Table. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive 3.2.1.1 "Manage land use to facilitate economic development while maintaining Plan: the historic, small town character of Seward" • "Raise public awareness of development requirements in each zoning district." Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ 0 This legislation (✓): Creates revenue in the amount of: $ Creates expenditure in amount of: $ Creates a savings in the amount of: $ ✓ Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted ✓ Not applicable Finance Signature: ` Attorney Review e✓ Yes Attorney Signature: Not applicable Comments: Administration Recommendation e✓ Adopt Ordinance Other: 382 Sponsored by: Planning and Zoning Introduction: June 26, 2023 Public Hearing: July 10, 2023 Enactment: July 10, 2023 CITY OF SEWARD,ALASKA ORDINANCE 2023-019 An Ordinance of the Seward City Council, Amending Seward City Code; 15.10.140(b) Definitions, Updating Bunkhouse and Lot Width, and Adding Long- term Rental, Flag Lot, and Lot Frontage; 15.10.222 Development Requirements Table,Updating the Minimum Buildable Lot Size for Single-Family and Two-Family Residential Zoning District and adding Table Notes for Cul-de-sac and Flag Lot Requirements; and 15.10.226 Land Uses Allowed Table, Changing the Outright Use of Dormitories in the Office Residential Zoning District and Institutional District to Require Conditional Use Permits, and Adding Long-Term Rental WHEREAS, on February 27, 2023 the City Council approved the Planning and Zoning Commission's priorities which included, "Make recommended updates to Title 15"; and WHEREAS, according to Seward City Code 15.01.035, the Planning and Zoning Commission by its own motion may recommend amendments to Title 15 to the City Council; and WHEREAS, recent development within Seward has highlighted areas of Title 15 that require additional clarification and/or regulations; and WHEREAS, it is in the best interest of the community to periodically review and update the City zoning code to reflect community changes and needs; and WHEREAS, the Planning and Zoning Commission held work session on November 14 and December 20, 2022 and April 18, 2023 to discuss these proposed changes to Title 15; and WHEREAS, on May 9, 2023 the Planning and Zoning Commission approved Resolution 2023-013 recommending City Council approve the included amendments to Title 15. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code Title 15.10.140(b)is hereby amended to read as follows(new language is in bolded italics and underlined and deleted language is stricken): 15.10.140 Definitions. (a) General interpretation. 383 CITY OF SEWARD,ALASKA ORDINANCE 2023-019 (1) Words used in the present tense include the future tense. (2) The singular number includes the plural. (3) The word "person" includes a corporation as well as an individual. (4) The word "lot" includes the word "plot" or "parcel." (5) The term "shall" is always mandatory. (6) The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended," "arranged," or "designed to be used or occupied." (b) Specific definitions. (Parenthetical references are for cross-reference only.) In this chapter, unless otherwise provided or the context otherwise requires: (1) Accessory building. A detached structure that: a. Is clearly incidental to and customarily found in connection with a principal building or use; b. Is subordinate to and serves a principal building or use; c. Is subordinate in area, extent or purpose to the principal building or use served; d. Contributes to the comfort, convenience or necessity of occupants, business or industry in the principal building or use served; and e. Is located on the same or adjacent lot under the same ownership as the principal building or use served. An accessory building shall be considered to be a part of the main building when joined by a common wall or connected by a breezeway to the main building. Accessory building means any structure regardless of type of foundation or base support, including skid-mounted or other moveable structures. (Accessory or mother-in-law apartment. See Dwelling, Efficiency apartment) (2) Agriculture. Commercial farming, dairying, pasturage, horticulture, floriculture, viticulture, or animal and poultry husbandry including buildings used to shelter farm implements, hay, grain, poultry, livestock or other farm produce in which there is no human habitation and which is not used by the public. (3) Airport. A place where aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair, various accommodations for passengers, and business lease sites. (4) Alley. A dedicated public way which affords a secondary means of access to abutting property and not intended for general traffic circulation. (5) Alteration. Any change, addition or modification in the construction, location or use of a building. (6) Amusement and recreation facility. Establishment engaged primarily in providing entertainment for a fee including such activities as bowling alleys, billiards and pool, Title 15—page 2 384 CITY OF SEWARD,ALASKA ORDINANCE 2023-019 dance hall, pinball machines, video games or other similar player-operated amusement devices. (7) Antenna. A device used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbital based structures. Includes satellite dish. (Apartment. See Dwelling) (8) Auto repair station. A place where a qualified automotive mechanic provides services such as general motor vehicle and engine repair, reconditioning or rebuilding, and collision service including body, frame and fender straightening and repair, painting and undercoating of motor vehicles. (9) Auto service station. A place used primarily for the retail dispensing of motor fuels and/or installation of tires, batteries and other accessories and services which do not customarily or usually require the services of a qualified automotive mechanic. Also known as a gas station. (Bed and breakfast. See Lodging) (Boarding or rooming. See Lodging) (10) Brewpub. An establishment that is primarily an eating place which includes the brewing of beer as an accessory use. (11) Building. Any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind. (12) Building area. A total area taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of external steps. (13) Building, existing. A building erected prior to the adoption of this Code or one for which a legal building permit has been issued. (14) Building height. The vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum, which must be between the building and the property line or in a dedicated public right-of- way that is accessible to fire suppression personnel and rescue equipment, shall be selected by either of the following, whichever yields the greater height of the building: a. The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the exterior wall of the building when such a sidewalk or ground surface is not more than ten feet above the lowest grade; or b. An elevation ten feet higher than the lowest grade when the sidewalk or ground surface described in subsection a., above is more than ten feet above the lowest grade. The height of a stepped or terraced building is the maximum height of any segment of the building. Title 15—page 3 385 CITY OF SEWARD,ALASKA ORDINANCE 2023-019 (15) Building, principal or main. A building in which is conducted the principal or main use of the lot on which the building is situated. Attached garages, porches and carports shall be considered to be part of the principal building. (Bunkhouse. See Housing) (16) Business, general sales. A premises where the sale of goods or commodities to the consumer takes place; i.e., groceries; bakeries; hobby, knot or yarn shops, book, gift or apparel shops; fishing equipment, hardware or vehicle sales; restaurants; vehicle rentals or variety stores. (17) Business, personal service. The conduct of business where personal assistance is offered for compensation; i.e., dressmaking, tailoring, barbers and beauty, etc. (18) Campground. A plot of ground upon which two or more campsites are located, established or maintained for occupancy by camping units as temporary living quarters for recreational or vacation purposes. a. Campground, municipal. Campgrounds owned or operated by the City and designated as public campgrounds by resolution of the City Council. b. Campground, private camper parks. A privately owned and operated campground on any parcel, or adjacent parcels of land in the same ownership, which is used by two or more camping units. c. Campground, employee. An area operated by an established business with high seasonal employment of transient workers as a housing alternative and not construed to be a construction camp. (19) Camper park. A privately owned and operated campground on any parcel, or adjacent parcels of land in the same ownership, which is used by two or more camping units. (20) Camping unit. A tent or recreational vehicle. (21) Child care, licensed home. In accordance with Alaska Statutes, a private residence where adult care, protection and supervision is provided for children other than the occupant's. Also called day care, nursery school, preschool and kindergarten. (22) Church. A building, structure or group of buildings or structures primarily intended for conducting organized religious services and associated accessory uses. The definition of a church shall be dependent upon U.S. Internal Revenue Service and the Kenai Peninsula Borough Assessor's Office interpretation. A standard single-family residence not remodeled for public meetings shall not be considered a church. (23) Clinic. A building or portion thereof containing offices and facilities for providing out- patient medical, dental or psychiatric services, and which may include a dispensary to handle medication and other merchandise prescribed by physicians in connection with their medical practice. (24) Club, private. A building and related facilities owned or operated by a corporation, association or group of individuals established for the fraternal, social, educational, recreational or cultural enrichment of its members, but not primarily for profit, and Title 15—page 4 386 CITY OF SEWARD,ALASKA ORDINANCE 2023-019 whose members meet certain prescribed qualifications for membership and pay dues. Includes lodges. (25) Cluster subdivision. A development design technique that permits a reduction in lot area provided there is no increase in the number of lots permitted under a conventional subdivision or increase in overall density of development by concentrating buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space and preservation of environmentally sensitive areas. (Commercial building apartment. See Dwelling) (26) Commercial communications tower. A structure intended to support equipment used to transmit and/or receive communication signals including monopoles, guyed and lattice steel structures. This definition does not include a tower that supports only one or more amateur radio antennas. (27) Commercial use. An occupation, employment or enterprise that is carried on for profit by the owner, lessee or licensee. (Condominium. See Dwelling) (Convalescent or nursing home. See Housing) (28) Convenience store. A small-scale neighborhood grocery establishment offering for sale prepackaged food products, household items and other goods commonly associated with the same and having a gross floor area of less than 5,000 square feet. (Dormitory. See Housing) (29) Drinking establishment. Any premises wherein the principal purpose is the retail sale of alcoholic beverages for consumption on the premises and minors are excluded therefrom by law. Includes bar, cocktail lounge, tavern and nightclub. (30) Drive-in facility. Any portion of a building or structure which by design permits customers to receive services, obtain goods or be entertained while remaining in their motor vehicles. (31) Dwelling. A building designed or used exclusively as living quarters for one or more families. a. Apartment. Any portion of a building which is designed, built, rented, leased, let or hired out to be occupied or which is occupied as the home or residence of an individual for daily living and doing his own cooking independently of any other individual or family in the same building. b. Apartment, commercial building. An apartment located within a building designed to accommodate a mix of residential and commercial uses. c. Apartment, efficiency (also called accessory apartment). A single separate dwelling unit consisting of not more than one habitable room which includes combined kitchen, dining and sleeping areas with accompanying sanitary facilities, and which is located within or shares a common wall with a single-family dwelling. Title 15—page 5 387 CITY OF SEWARD,ALASKA ORDINANCE 2023-019 d. Apartment, owner or manager. An apartment within a building that is designed to be used exclusively as the living quarters for the owner or manager family of that building or a commercial business located in the building. e. Apartment, studio. A small apartment less than 500 square feet with a fully functional kitchen and bathroom. f Condominium. A form of housing ownership by which a person may purchase and own one dwelling unit in a multiunit building or development. Each owner owns a common interest in such things as the underlying land, common walls, stairwells, elevators, lobbies, laundry rooms and recreation rooms. g. Guest house. An accessory building occupied on a temporary basis solely by nonpaying guests. h. Mobile home. A factory-built home designed to be used as a year-round residential dwelling and originally designed and mounted on wheels and/or axle supports for transportation by another vehicle. i. Modular home. A factory-built residential structure that is transportable in one or more sections, is built on a permanent chassis, and is used as a place of human habitation, but which is not constructed with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame. Includes factory-built and manufactured home. j. Multiple-family.A building designed as a residence for three or more families, with the number of families in residence not exceeding the number of dwelling units provided and each living independently of the other under one roof. k. Single-family, attached. A building containing two or more dwelling units, each of which has primary ground floor access to the outside and which are attached to each other by party walls without openings. Also commonly called townhouse, row house and zero-lot line. 1. Single-family, detached. A building designed and/or used exclusively for occupancy of one family and entirely surrounded by open space on the same lot. m. Two-family or duplex. A building containing two single-family dwelling units totally separated from each other by an unpierced wall extending from ground to roof or unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units. n. Unit, dwelling unit. A building or separate portion thereof containing kitchen, living, sleeping accommodations and at least one bathroom and designed to be occupied exclusively as a residence by one family. o. Watchman or caretaker dwelling. An accessory dwelling associated with a commercial or industrial building or structure for the purpose of housing a watchman or caretaker and immediate family. Title 15—page 6 388 CITY OF SEWARD,ALASKA ORDINANCE 2023-019 (32) Family. Any number of individuals not necessarily related by blood, marriage, adoption or guardianship living together in a dwelling unit as a single housekeeping unit and distinguished from a group occupying a rooming house, club, fraternity house or hotel. (33) Farm animal. Any cow, horse, mule, goat, sheep, pig, chicken, or other similar animal commonly kept as livestock. (34) Flea market. An occasional or periodic sales activity held within a building or open area where groups of individual sellers offer goods, new and used, for sale to the public, not to include private garage sales. (35) Floor area, useable. That area used for or intended to be used for the sale of merchandise or services or as leasable office space as measured from the interior surfaces of the walls enclosing that part of the building. Such floor area which is used or intended to be used for the storage or processing of merchandise, hallway or for utilities or sanitary facilities is excluded from this computation of useable floor area. (36) Fractions. In the determination of density, required parking spaces or other requirements of this Code, computations resulting in a fractional number of 0.50 or above shall be considered the next larger whole number. (37) Garage, private. An accessory building or portion of a main building designed or used solely for storage of motor vehicles, boats and similar vehicles owned by the occupants of the building to which it is accessory. (38) Greenhouse, commercial.-A light-permeating structure used for cultivating and growing plants in a controlled temperature and humidity environment where such plants are offered for sale either on the premises or at another location. (Group care home. See Housing) (Guest house. See Dwelling) (39) Guide service. Any premises used for collecting or returning persons from recreation trips when remuneration is provided for the service. (Halfway house. See Housing) (40) Health club. Includes, but is not limited to, gymnasiums (except public), private clubs (athletic, health or recreational), reducing salons and weight control establishments. (41) Historic district. An area containing buildings or places in which historic events occurred or having special public value because of notable architectural or other features relating to the cultural or artistic heritage of the community of such significance as to warrant conservation and preservation. (42) Home occupation. Any use customarily conducted entirely within a dwelling, or its accessory building, and carried on by the occupants thereof, which is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof, and in connection with which there is no exterior sign, no display or stock in trade, no outside storage of materials or equipment, no commodity sold upon the premises and not more than two persons are engaged in such occupation. Title 15—page 7 389 CITY OF SEWARD,ALASKA ORDINANCE 2023-019 (43) Home professional office. A home occupation consisting of the office of a practitioner of a recognized profession. (Hostel. See Lodging) (Hotel. See Lodging) (44) Housing. Structures providing housing for groups of people, such as students, employees or nursing home residents. a. Bunkhouse. A building used as living quarters for employee housing people stie ^^ eannefy war-ker-sar- „^*metion labar-ees where shower and sanitary facilities are shared and in which there are no individual cooking facilities. b. Convalescent or nursinz home. A structure with sleeping rooms where persons are housed or lodged and are furnished with meals, nursing and medical care. c. Dormitory. A building used as residential group living quarters for a student body or religious order as an associated use to a school, orphanage or other similar institutional use, and does not include kitchen facilities except a group kitchen facility to serve all residents. d. Group care home. A dwelling shared by no more than five disabled persons, plus resident staff, who live together as a single housekeeping unit and in a long-term, family-like environment in which staff persons provide care, education and participation in community activities for the residents with the primary goal of enabling residents to live as independently as possible in order to reach their maximum potential. The term "group care home" shall not include alcoholism or drug treatment centers, work release facilities for convicts or ex-convicts or other housing facilities serving as an alternative to incarceration. e. Halfway house. A licensed home for inmates on release from more restrictive custodial confinement, or initially placed in lieu of more restrictive custodial confinement, wherein supervision, rehabilitation and counseling are provided to mainstream residents back into society, enabling them to live independently. Such placement is pursuant to the authority of the Alaska Department of Corrections. (45) Junk. Dismantled or wrecked automobiles, aircraft, motor vehicles or machinery, mobile homes, trailers, watercraft, used appliances or furniture, scrap building materials, metals, rubber, paper, plastic or other scrap materials. (46) Kennel. Any enclosure, building, shelter, area or establishment used for the purpose of breeding, buying, selling, keeping or boarding five or more dogs over the age of four months, whether for profit, pleasure, or as pets, by any person, individual, corporation, group of people or business entity. Does not include an animal shelter. (47) Livestock. Generally accepted large (over 250 pounds) and small (under 250 pounds) outdoor farm animals (i.e., cows, goats, horses, pigs, barnyard fowl, etc.). Does not include cats, dogs and other common household pets. Title 15—page 8 390 CITY OF SEWARD,ALASKA ORDINANCE 2023-019 (48) Loading space. A space located on premises for pickup and delivery at the premises. Required off-street loading space shall not be included as an off-street parking space. (49) Lodging. The renting out of a dwelling, or portion thereof, to provide overnight sleeping accommodations for a period of less than 30 consecutive days. a. Bed and breakfast. An owner occupied and operated single-family residential dwelling where lodging with a meal is provided for compensation on a short-term basis. The term does not include boardinghouses and separate apartments which are leased on a month-to-month or longer basis. b. Boarding or rooming.An owner occupied building which has not more than five rooms available for rent or lease on other than a day-to-day basis and not open to transient guests for residential occupancy and in which no cooking or dining facilities are provided in the individual rooms. Meals may be regularly prepared and served for compensation at a table, family-style, without service or ordering of individual portions from a menu. The term includes lodging house or rooming house but does not include separate apartments with individual kitchen and bath facilities. c. Hostel. A building, or portion thereof, in which temporary or overnight lodging is provided for hikers, cyclists or other travelers not generally traveling by car. d. Hotel. A facility with six or more guest rooms and on-premises management offering transient lodging accommodations to the general public on a daily rate where access to all sleeping rooms is through a main entrance and which may provide food, entertainment, meeting rooms, recreational facilities or various personal services. Includes lodges and inns. e. Motel. A building, or group of detached or connected buildings, having six or more guest rooms, an on-premises manager and parking conveniently located on the premises, which are designed primarily to offer sleeping accommodations, with or without meals, to the motoring public on a daily rate. Includes designations such as motor lodges, auto courts, tourist courts and similar terms. f Short-term rental. A dwelling unit, or portion thereof, that is offered or provided to a guest for compensation for a period of less than 30 consecutive days. Short-term rentals may be in individual rooms in single-family homes, units in apartments, condominiums, townhouses, and multifamily dwellings. (Lon,--term rental. See Rental, Ion,--term) (50) Lot. A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area and to provide such yards and other open spaces as are herein required. Such lot shall have frontage or access on a public street or on an approved private street and may consist of: a. A single lot of record; b. A portion of a lot of record; Title 15—page 9 391 CITY OF SEWARD,ALASKA ORDINANCE 2023-019 c. A combination of complete lots of record, or complete lots of record and portions of lots of record, or portions of lots of record; or d. A parcel of land described by metes and bounds, provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this chapter and that, in the case of multiple lots or portions thereof, the property be replatted to eliminate interior lot lines. 1. Lot area. The total horizontal area within the lot lines of a lot, exclusive of streets and alleys. 2. Lot, buildable or useable area. That portion of a lot that a prudent person would use to construct a building and provide required parking. This excludes lakes and rivers, creeks, cliffs, marshes and other similar natural obstacles to development with the property counting toward minimum required size. 3. Lot, corner. A lot situated at the intersection of two or more streets having an angle of intersection of not more than 135 degrees. 4. Lot coverage. The area of a site covered by building or roofed areas, including covered porches, decks and accessory buildings, but excluding allowed projecting eaves. 5. Lot depth. The horizontal distance between the front and rear lot lines measured on the longitudinal centerline. 6. Lot, flay. A lot or parcel located to the rear of another lot or parcel, the main body of which does not front on a street and is accessed by a narrow corridor. 7. Lot fronta,-e. The portion of a lot abuttin,-a street. Measured aloe,-the horizontal distance between the points of intersection of the side lot lines with the front lot line. 6.8 Lot, interior. A lot other than a corner lot. -7.9 Lot line, front. In the case of an interior lot, a line separating the lot from the street. In the case of a corner lot, the owner may choose which street he shall designate as the front of the lot. Once the choice of frontage has been made, it cannot be changed unless all requirements for yard space are met. -9.10 Lot line, rear. A line opposite and most distant from the front lot line and, in the case of irregular or triangular shaped lots, a line not less than ten feet in length within the lot, parallel to and at the maximum distance from the front lot line. -9-11 Lot line, side. Lot boundary not a front lot line or a rear lot line. 4-9.12 Lot line, zero. The mean horizontal line whereby two adjacent buildings from adjacent lots can be constructed with a common party wall providing a proper fire wall rating. All other aspects are the same as in conventional development. Title 15—page 10 392 CITY OF SEWARD,ALASKA ORDINANCE 2023-019 44.13 Lot width. The average horizontal distance separating side lot lines of a lot and at right angles to its depth. The lot width for lots surroundin-a cul-de-sac bulb and fla,-lots will be measured on the mean horizontal distance between side lot lines. (51) Lumberyard. An establishment that sells sawn timber and other building materials typically stored on the premises. (52) Manufacturing, heavy.A use engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials; or a use engaged in storage of or manufacturing processes using flammable or explosive materials; or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions. (53) Manufacturing, light. A use engaged in the manufacture, predominantly from previously prepared material, of finished products or parts that, because of the nature of its equipment, operations, processes, materials, and products, has little or no potential of creating noise, vibration, dust, smoke, fumes, odor, glare, or other environmental impacts on surrounding properties or uses. (54) Marijuana. Marijuana means "marijuana" as that term is defined in Alaska Statute 17.38.900 and any amendments thereto. (55) Marijuana establishment. Marijuana establishment means a marijuana cultivation facility, a marijuana testing facility, a marijuana product manufacturing facility, or a retail marijuana store as those terms are defined in AS 17.38.900 and any amendments thereto. a. Marijuana cultivation facilit . Marijuana cultivation facility means an entity registered to cultivate, prepare, and package marijuana and to sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers. 1. Limited marijuana cultivation facilityA limited marijuana cultivation facility has the privileges set forth at 3 AAC 305.405(a) and (b), and is subject to the prohibitions at 3 AAC 306.405(c), except that it must have fewer than 500 square feet under cultivation. b. Marijuana product manufacturing facilit . Marijuana product manufacturing facility means an entity registered to purchase marijuana; manufacture, prepare, and package marijuana products; and sell marijuana and marijuana products to other marijuana product manufacturing facilities and to retail marijuana stores, but not to consumers. c. Marijuana testingf acility. Marijuana testing facility means an entity registered to analyze and certify the safety and potency of marijuana. d. Retail marijuana store. Retail marijuana store means an entity registered to purchase marijuana from marijuana cultivation facilities, to purchase marijuana and marijuana Title 15—page 11 393 CITY OF SEWARD,ALASKA ORDINANCE 2023-019 products from marijuana product manufacturing facilities, and to sell marijuana and marijuana products to consumers. (56) Marijuana products. Marijuana products means concentrated marijuana products and marijuana products that are comprised of marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures. (57) Marina. A facility for storing, servicing, fueling, berthing and securing and launching of boats that may include the sale of fuel and incidental supplies for the boat owners and guests. Also includes harbor. (Mobile home. See Dwelling) (58) Mobile home park. A parcel or adjacent parcels of land in the same ownership upon which two or more mobile homes are located or for which space is leased or held out for lease or use on a month-to-month or longer basis. This does not include sale lots on which unoccupied mobile homes are parked for inspection and sales and shall not be construed to mean tourist facilities for parking of travel trailers, motor homes or campers. (59) Mobile medical unit. A trailer, motorized coach or van capable of being transported from place to place, containing medical equipment such as a CT scanner, MR1 or similarly complex medical diagnostic device or decontamination equipment. (Modular home. See Dwelling) (Motel. See Lodging) (Multiple-family. See Dwelling) (60) Nonconforming building.Any building or portion thereof lawfully existing at the effective date of the ordinance affecting it and which does not conform to all of the use, height and density regulations of the zone in which it is located. (61) Nonconforming use. A use which lawfully occupied a building or land at the effective date of the ordinance affecting it that does not conform to the use provisions of the zoning district in which it is located. (62) Noxious use. A use which is injurious or harmful to health, highly disagreeable or offensive. (63) Office. A building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations; i.e., travel, insurance, employment, utility, public service or government agencies. (64) Open area. Open area is any portion of the lot not: a. Covered by a structure, or; b. Used for parking spaces and maneuvering. Title 15—page 12 394 CITY OF SEWARD,ALASKA ORDINANCE 2023-019 (65) Owner. Any individual, firm, association, syndicate, partnership, corporation, trust or any other legal entity having sufficient proprietary interest in the land, including the attorney or agent thereof. (66) Owner-occupied. The use of a dwelling unit as the primary residence and permanent place of abode for the individual who holds the title of a property. (67) Park. Any public land available for recreational, educational, cultural or aesthetic use. (68) Parking area. A structure or an open area, other than a street, alley or other right-of- way, on which vehicle parking spaces are defined, designated or otherwise identified and available, whether free or for compensation, for use by the public, clients, tenants, customers, employees or owners of the property for which the parking area is required by ordinance. (69) Parking requirements as stated in terms of employees. The maximum number of employees who will be at the site at one time on either a single shift or an overlap of shifts. (70) Parking space, off-street. A designated area sufficient in size to accommodate one motor vehicle, exclusive of maneuvering room, designed with adequate independent access to, but located off, any street, alley or other right-of-way. (71) Parking, valet. Attendant parking provided as a service to patrons of commercial establishments. (72) Peddler. A person who, with no fixed place of business, goes from house to house, place to place, or from store to store transporting goods, wares or merchandise for sale or offering or exposing the same for sale or making sales and delivering articles to purchasers. (See Transient merchant and Vending, Street.) (73) Planned unit development. A land development under unified control that is planned and constructed in its entirety as a single development operation or in a series of programmed stages. The development may include streets, circulation ways, utilities, residences, commercial buildings, open spaces and other site features and improvements some of which may not otherwise be individually permitted. (74) Profession. An occupation or calling requiring the practice of a learned art through specialized knowledge, training, experience or a degree issued by an institute of higher learning; i.e., doctor of medicine, lawyer, engineer or real estate broker. (75) Professional office. The office of a member of a recognized profession maintained for the conduct of that profession. (76) Recreational, indoor commercial. A facility accommodating such indoor recreation activities as skating rinks, bowling lanes or shooting/archery ranges. (77) Recreational, outdoor public. Outdoor recreation facilities such as sports fields, ice rinks, playing fields or miniature golf. (78) Recreational vehicle. A vehicle used or intended to be used as transient living or sleeping quarters for humans and which may be driven, towed or propelled from one location to another without change in structure or design, whether or not the same is Title 15—page 13 395 CITY OF SEWARD,ALASKA ORDINANCE 2023-019 supported by wheels or identified by a model, serial or vehicle registration number. Includes travel trailers, camping trailers, tent campers, trailer coaches, motor homes, truck campers and similar vehicles. (79) Recreational vehicle (RV) park. Any parcel of land upon which two or more recreational vehicle sites are located, established or maintained for commercial occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes. Includes trailer park and camper park. (80) Recycling center. A building in which used material is separated and processed prior to shipment to others who will use those materials to manufacture new products. (81) Recycling collection point. An incidental use serving as a neighborhood drop-off point for temporary storage of recoverable resources. No processing of such items would be allowed. This facility would generally be located in a shopping center parking lot or in other public/quasi-public areas such as churches and schools, as opposed to being allowed on residential or vacant lots. (82) Rental, Ion,--term. A dwellin-unit, or portion thereof that is rented, loaned, leased, or hired out for a period of*30 consecutive days or more. (Rental, short-term. See Lodging) {8-2} 83 Repair service, household/appliance. A business establishment where repairs are made to appliances and furniture. 04) 84 Residence. A home, abode or place where an individual is actually living at a specific point in time. 0 4) 85 Resource extraction. Commercial or industrial operations involving the removal of nonrenewable natural resources such as ore, topsoil, sand, gravel, rock, gas, oil or any operations having similar characteristics. Said use includes the use of heavy equipment such as loaders, dozers, backhoes and crushers. { } 86 Restaurant. An establishment whose principal business is the sale of food and/or beverages to customers in a ready-to-consume state and whose principal method of operation includes one or both of the following characteristics: a. Customers, normally provided with an individual menu, are served their foods and beverages by a restaurant employee at the same table or counter at which the food and beverages are consumed; and/or b. A cafeteria-type operation where food and beverages generally are consumed within the restaurant building. {�6) 87 Restaurant, fast-food. An establishment whose principal business is the sale of quickly prepared, ready-to-eat food and/or beverages for consumption within the restaurant building, within a motor vehicle parked on the premises, or off the premises as carry-out orders, and whose principal method of operation includes the following characteristics: orders are generally taken at a main counter or drive-up window and food and/or beverages are usually served in disposable wrapping or containers. This includes drive-in and carry-out restaurants. Title 15—page 14 396 CITY OF SEWARD,ALASKA ORDINANCE 2023-019 {�7) 88 Right-of-way. An area or strip of public land which incorporates or is intended to be occupied by, but not limited to, streets, alleys, sidewalks, bike paths, curbs, gutters, landscaping and/or public utilities. {;4) 89 Salvage yard auto wrecking scrap, junk). Any area used for the storage, keeping or abandonment of junk or waste material, including scrap metal or other scrap materials, or for the dismantling, demolition or abandonment of automobiles, machinery, other vehicles or parts thereof. {�9} 90 School. Any public, religious or nonprofit facility providing a general curriculum of academic or vocational instruction serving any or all grades between kindergarten and twelfth grade. (99) 91 School, commercial. A facility providing commercial instruction in such activities as music, dance, arts, crafts and sailing. (9-0 92 School, adult vocational..A facility providing a general curriculum of adult academic or vocational instruction. {�2} 93 Setback. The required minimum distance from a right-of-way or lot line that establishes the area within which only fencing, landscaping, driveways, parking and similar uses are permitted. Any structure including, but not limited to, decks, stairways, porches or other attachments to a building are specifically prohibited in the setback. Building eaves are permitted to extend into the setback a maximum of two feet. {9-3} 94 Shopping center. A single complex which provides a combination of retail establishments designed in such a manner as to provide convenience for shoppers with common parking facilities. Includes mall. ( Single-family, attached. See Dwelling) ( Single-family, detached. See Dwelling) (94) 95 Solid waste facility. A disposal site employing an engineering method for disposing of solid wastes in a manner that minimizes environmental hazards. Includes landfill, compactor, transfer, etc. { } 96 Storage. A structure or designated area that provides space for storing. a. Container. An accessory storage use consisting of containers such as semi-tractor vans, shipping containers and conex containers originally designed to transport goods and materials via highway, rail, air or sea, which are placed on a parcel of land and used for covered storage provided that all wheel assemblies have been removed, and the unit is located outside any setbacks. Containers, whether temporary or permanent, are considered a structure and must comply with current adopted building codes. Railroad box cars are excluded except in the industrial zone. (See Accessory Use/Building, Building, and Structure) b. Outdoor. The commercial keeping, in an unroofed area and usually enclosed by a fence, of any goods,junk, material, merchandise or vehicles in the same place for an Title 15—page 15 397 CITY OF SEWARD,ALASKA ORDINANCE 2023-019 extended period of time. In the harbor commercial area, the use is limited to the storage of boats only. c. Self-service. A building or group of buildings consisting of individual, small, self- contained units that are leased or owned for storage of business and household goods or contractors' supplies. Includes mini warehouses. d. Warehouse and distribution. A building used primarily for the storage and/or distribution of goods, products, materials, supplies and equipment, but excluding bulk storage of materials that are flammable or explosive or that create hazardous or commonly recognized offensive conditions. (96) 97 Street. A dedicated public way which affords the principal means of access to abutting property, such as an avenue, place, drive, boulevard, highway or other similar public thoroughfare, except an alley as defined herein. { } 98 Structure. Anything constructed or erected on the ground or attached to something having location on the ground, including, but not limited to, buildings, towers, and sheds. Fences, retaining walls less than three feet in height, signs and similar improvements of a minor character are excluded. 0)9) 99 Surface, durable. Means brick, flag-type stone, gravel, cement, or asphalt. 100 Temporary structure. A structure without any foundation or footings as allowed by the adopted building code which must be completely removed from the parcel when the temporary permit for the structure/use expires. (4" 101 Trailer. A structure standing on wheels, towed or hauled by another vehicle and used for carrying materials, goods or objects or as a temporary office or business. {") 102 Transient merchant. Any person, partnership, firm or corporation, whether a resident of the City or not, who engages in a temporary business, within a period not exceeding 150 consecutive days in a calendar year, of selling and delivering goods and/or services, wares and merchandise for profit or nonprofit within the City by operating on a door-to-door, street corner or similar basis; or from no fixed location or office; or from a location out-of-doors or in quarters that are easily moveable, such as a temporary leased area or space, motor vehicle, trailer or tent. Includes peddlers, solicitors, itinerant merchants and vendors. Does not include vehicles for hire. (Two-family or duplex. See Dwelling) (Unit, dwelling unit. See Dwelling) { 4-2) 103 Utility, public facility. An installation owned by an agency under public franchise or ownership, or under certificate of convenience and necessity, providing the public with electriCity, gas, heat, steam, communication, water, sewage collection or other similar service. (4" 104 Vehicle, motor. A self-propelled device used for transportation of people or goods over land surfaces and licensed as a motor vehicle. Title 15—page 16 398 CITY OF SEWARD,ALASKA ORDINANCE 2023-019 0" 105 Vending. The sale of food, services or merchandise. a. Hawking. Is the loud or continuous audible solicitation of business by a vendor to the general public. b. Mobile vending cart. Is a non-motorized structure or unit on wheels that is easily moved and used for vending. c. Mobile vendor. A person or business that sells food or permitted types of goods from City-approved locations using (i) a licensed vehicle or cart capable of movement; or (ii) a licensed trailer pulled behind a motor vehicle. d. Pre-packaged food. Ready-to-eat food that is cooked, wrapped, packaged, processed, or portioned for service, sale or distribution. e. Roving vendor. A person who offers only pre-packaged food items to the public, with or without the use of a licensed motor vehicle, from no fixed location on public property, only on rights of way within designated zoning districts, excluding Fourth Avenue between Port Avenue and Van Buren Street, and also excluding Fourth and Fifth Avenues between Jefferson Street and Railway Avenue. f. Transient merchant. Any person, partnership, firm or corporation, whether a resident of the City or not, who engages in a temporary business, within a period not exceeding 150 consecutive days in a calendar year, of selling and delivering goods and/or services, wares and merchandise for profit or nonprofit within the City by operating from a location out-of-doors or in quarters that are easily moveable, such as a temporary leased area or space, or motor vehicle, trailer or tent. Includes peddlers, solicitors, itinerant merchants and vendors. Does not include vehicles for hire. Transient merchants operate exclusively from private property. (Note: Transient merchant definition relocated. Previously 15.10.140. B. 95.) {IDS) 106 Veterinary hospital. A facility, which may include animal runs, in which veterinary services are rendered to animals and domestic pets and which may include clipping, bathing, boarding and other services. Includes veterinary clinic. (Watchman or caretaker dwelling. See Dwelling) {fir} 107 Water-dependent. A use or activity which can be carried out only on, in or adjacent to water areas because the use requires access to the water body for water- borne transportation, recreation, energy, production or source of water. 0" 108 Water-related. Uses which are not directly dependent upon access to a water body but which provide goods or services that are directly associated with water- dependent land or waterway use and which, if not located adjacent to water, would result in a public loss of the quality of goods or services offered. 049* 109 Yard. A required open space on the same lot with a main building, unoccupied or unobstructed from the ground upward, except as otherwise provided in this chapter. Title 15—page 17 399 CITY OF SEWARD,ALASKA ORDINANCE 2023-019 a. Front. The area extending across the full width of a lot, measured between the front lot line and the nearest exterior wall of the building, front of a bay window or the front of a covered porch or other similar projection, whichever is the nearest to the front lot line. b. Rear. A yard extending across the full width of the lot between the most rear extension of the main building and the rear lot line. The depth of the required rear yard shall be measured horizontally from the point of the rear lot line nearest to the main building. In cases of double frontages and corner lots, there are no rear yards, only front and side yards. c. Side. A yard between a main building and side lot line, extending from the front yard to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest part of the main building. { 9) 110 Zero-lot line. The location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line. Section 2. Seward City Code Title 15.10.222 Table is hereby amended to read as follows (new language is in bolded italics and underlined and deleted language is stricken): Table 15.10.222 Development Requirements Zoning Districts Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Maximum Building Height 34 34 34 34 34 34 34 Varies 34 34 34 34 34 (ft.)(See Note 1,next 26 or page) 34* Minimum Buildable Lot 20,000 Varies Varies Varies Varies Varies Varies None Varies 10,000 20,000 None None Size(sq.ft.)(See Notes 2 3,000 3,000 3,000 3,000 3,000 6,000 3,000 and 7,next page) to to to to to to to 9,000* 9,000* 9,000* 9,000* 9,000* 6,000* 6,000* ;E;990—* 4;99G* Minimum Lot Width(ft.) 100 Varies Varies Varies Varies Varies 60 or 30 Varies 100 100 None None (See Notes 3 and 7,next 30 to 30 to 30 to 30 to 30 to 90* 30 to page) 60* 60* 90* 90* 90* 90* Minimum Front Yard 20 20 20 20 20 20 10 None None 20 20 20 20 Setback(ft.)(See Note 7, next page)except Leirer and Tract C-1 below Minimum Front Yard 20 20 20 20 20 20 10 None None 10 20 20 20 Setback(ft.)for Leirer Title 15—page 18 400 CITY OF SEWARD,ALASKA ORDINANCE 2023-019 Industrial Subdivision and Alaska Skill Center Tract C- 1 only.(See Note 7,next page) Minimum Side Yard 10 5 or 5 5 or 5 10 5 5 5 5 None 10 10 10 20 Setback(ft.)(See Notes 4 min. min. and 7,next page) with 15 with 15 total* total* Minimum Side Yard 10 10 10 10 10 10 10 None None 20 10 10 20 Setback Adjacent to Street (ft.)(See Note 7,next page) Minimum Rear Yard 10 10 10 10 10 10 10 None, None 10 10 15 20 Setback(ft.)(See Notes 5 5 and and 7,next page) 10* Maximum Accessory 20 20 20 20 20 20 20 20 34 34 20 34 20 Building Height(ft.) Table 15.10.222. Development Requirements—Table Notes NOTE 1. Within the HC District, in the area bounded by Fourth Avenue, the southern boundary of the South Harbor Uplands - Tract H, Waterfront Park Replat, the harbor basin and J Float Ramp, building height is limited to 26 feet. NOTE 2. A. Buildable/useable area—Lot may have to be larger to have minimum buildable area available. B. In the R1, R2, R3, UR, OR, AC and CB Districts, from the Seward Highway/Phoenix Road intersection South, to include the Bayview Subdivision, a minimum of*3,000 SF lots and 30 foot minimum fronta,-es and north of the Seward Hi'qhway/Phoenix Road intersection, a minimum of 6,000 SF lots and 60 foot minimum frontages with tin feat fninimufn f,,,,•1.,— o �;..ely, for- family mily side ees 0 0 C: Lots located on a cul-de-sac bulb shall have a minimum of 8,000 square feet and a 40-foot minimum lot fronta,-e. D. Fla,-lots shall have a minimum of*15,000 square feet and a 30-foot minimum lot fronta,-e on the staff portion of the lot. G.E A single RR lot may be divided into two lots of less than 20,000 SF each if the reduction below 20,000 SF is to accommodate required widening of an adjacent right- of-way. -D.F In the R1, R2, R3, UR, OR, AC and CB Districts, individual lots of at least 3,000 SF in the Original Townsite, Federal Addition, Laubner Addition, Cliff Addition and Bayview Addition may be developed for single-family residences provided all other development requirements of this chapter are met. Title 15—page 19 401 CITY OF SEWARD,ALASKA ORDINANCE 2023-019 KG Multiple-Family developments (except studio apartments)with three or more units require a minimum of 9,000 SF in the R3, UR, OR, AC and CB Districts and 20,000 SF in the RM District. All said districts require an additional 1,200 SF per unit of five or more units. E.H Two-Family or duplex developments require a minimum of 6,000 SF in the R2, R3, UR, OR, AC and CB Districts and 20,000 SF in the RM District. Duplex developments within the Federal Addition Subdivision require 5,000 SF. All other development requirements of this chapter shall be met. 6.1 Multiple-Family, studio apartments in the OR, AC, CB, HC, I and RM districts require a minimum of 9,000 SF. The total square footage required for lot setbacks shall be reserved as open area. All other requirements set forth in this chapter shall be met. NOTE 3. See Notes 2--D F and 2-E G above. NOTE 4. From Seward Highway/Phoenix Road intersectionSouth, a five-foot setback, each side; north, a minimum five-foot setback each side as part of a combined 15-foot setback total between both sides. NOTE 5. In the HC District, parcels abutting mean high tide—No rear yard setback; parcels abutting the waterfront boardwalk—Five feet; and parcels not abutting the waterfront boardwalk or mean high water mark—Ten feet. NOTE 6. Excludes setbacks in HC and I. NOTE 7. In the Industrial District, no minimum lot size, width or setbacks are required for unmanned electronic sites. NOTE 8. Tract D of USS 1864 Jesse Lee Home Subdivision shall not be used for any uses other than those allowed in an R1 district, except for a long term care facility, aka skilled nursing care facility. Section 3. Seward City Code Title 15.10.226 is hereby amended to read as follows (new language is in bolded italics and underlined and deleted language is stricken): 15.10.226 Land Uses Allowed Table. KEY: O—Use Permitted Outright H—Home Occupation C—Use Requires conditional Use Permit P—Use Requires Administrative Permit Blank—Use Prohibited Zoning Districts Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Accessory building O O O O O O 1 O O O O O 1 O 1 0 Adult entertainment INTENTIONALLY LEFT BLANK Title 15—page 20 402 CITY OF SEWARD,ALASKA ORDINANCE 2023-019 Agency, i.e.,travel insurance, O O O O O title, real estate, etc. Agriculture O Airport and related services O C Amusement or recreation O O O facility Animal shelter O C C Antenna, personal TV, satellite O O O O O O O O O O O O dish Art gallery 1 O O 1 O O O Assemblages, temporary large, P P P P P P P i.e., circus, fair Attraction, permanent major C C C C C visitor Auditorium O O O Auto repair, i.e., mechanic,glass C O body, upholstery Auto service/gas station O 1 O 1 O Auto/RV sales and rentals O O 1 O Zoning Districts Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Boat sales O O O Boat, commercial O O building/fabrication Boat, harbor/marina C C C C C Boat, repair and maintenance O O O C Boat, storage commercial O O O C Bulk material, i.e., concrete, C C gravel, sand, asphalt Business, marine retail sales and O O O O C service Business, package liquor O O O Business, retail sales and service O O O O Business, retail sales and O service, industrial Campground, municipal C/P C/P C/P C/P Campground, camper park, C/P C/P C/P private Campground, employee C/P Car/boat wash O O O Cemetery O C O Center, community/civic O O C C Center, mariner's O O O O Center, senior or teen C C C O O C C Child care, licensed center C C O O O C Title 15—page 21 403 CITY OF SEWARD,ALASKA ORDINANCE 2023-019 Child care, licensed home O O O O O O O O O Church C C C C C C O O O O Clinic, medical O O O O O Clubs, C O O C fraternal/lodges/social/veterans Cluster subdivision C C C Commercial communications C C C C C C tower less than 16 feet diameter or 75 feet in height Commercial communications C C C tower 16 feet diameter or greater than 75 feet in height Correctional/prison facility C C C C Crematory O Docks/wharves, industrial cargo O O C C Dock, passenger O O O C O Drinking establishment, i.e., bar, C C C nightclub, lounge Drive-in facility—Fast food, C C C C C banking, etc Zoning Districts Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Dwelling, apartment in a O O O O O C commercial building (limited to one unit) Dwelling, apartment in a O O C C commercial building (two or more units) Dwelling, apartment, efficiency O O O O O O O or accessory Dwelling, apartment, studio C C C C C C Dwelling, attached single-family, C C C C C C C i.e., townhouse, row Dwelling, condominium C C C C C C C Dwelling, detached single-family O O O O O O O C C Dwelling, group home O O O O O O C Dwelling, guest house O O C Dwelling, multi-family(3 or C C C C C C C more units) Dwelling, two-family or duplex O O O O O C C Dwelling, watchman or O C caretaker Emergency services, pub/vol; C C C C C C O C O O C O i.e., fire, ambulance, rescue Financial institution, i.e., bank, C O O S&L Title 15—page 22 404 CITY OF SEWARD,ALASKA ORDINANCE 2023-019 Flea market, open air retail, C C C other than occasional Fuels, bulk storage and sales C Golf course O O C Golf driving range O O O O C Greenhouse/nursery— O O O Commercial Grocery, convenience store C C C O O O O Grocery, supermarket, food O O mart Health club C C O 1 O O Home occupation O O O O O O O O O O Hospital C C Housing, bunkhouse C C C Housing, dormitory 9 C 9 C Housing, nursing retirement, C C C convalescent Kennel, commercial, musher or INTENTIONALLY LEFT BLANK fancier Laundry, dry cleaning O C 1 O O Zoning Districts Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Library O O O O Livestock, excluding chickens P P and rabbits Livestock, chickens and rabbits P P P P P P P P P Lodging, B&B H/P H/P H/P H/P H/P O/P O/P O/P O/P Lodging, hostel P P P P P P Lodging, hotel, motel, lodge, inn C O C C Lodging, short-term rental H/P H/P H/P H/P H/P P P P P Lumber yard/building supply C O C Manufacturing— noxious, heavy C Manufacturing, light fabrication, C C O assembly Merchant, transient O O O O Mobile home park C/P Mobile home, residential, not in INTENTIONALLY LEFT BLANK park Mobile home sales O O Mobile medical unit O O O Mobile vendor P P P P P P P P P P P Mortuary/funeral home O O O Museum C O O O O O Office, boat charter, guide O O O O O C Office, business or professional O O O O O Title 15—page 23 405 CITY OF SEWARD,ALASKA ORDINANCE 2023-019 Office, government/quasi- O O O O O O O government administration Office, mobile/temporary on P P P P P P P P P P P P P construction site Office, home, professional O O O O O Parking lot C C O 1 O O 1 O O 1 O O 1 O Personal services, i.e., beauty, O O O O shoe,tailor Planned unit development C C C C C C Playground, public tot lot O O O O O O O O O O O Railroad C C C C Recreation, commercial indoor, O O O C i.e., bowling, skating Recreation, outdoor, i.e., O C C C miniature golf Recreation, shooting range C C C Recycling center C C O C Recycling, self-service drop-off O O O O O O O O point Rental, Long-term O O O O O O O O O O C C Zoning Districts Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Repair service, i.e., large C C O appliance Resource extraction, C C C commercial subsurface, i.e., mining Resource extraction, C C C commercial surface, i.e., gravel Resource extraction, C C commercial timber harvesting Restaurant,food service, O O O O O C catering, brew pub Rooming or boarding house O/P O/P O/P O/P Roving vendor P P P P P P P P P P P Salvage—auto, wrecking, scrap, C junkyard Sawmill or lumbermill C C School, college C C C School, public/private, C C C C C C C C C elementary/secondary School,vocational C O O C O C Seafood processing, i.e., C C C C canning, rendering Title 15—page 24 406 CITY OF SEWARD,ALASKA ORDINANCE 2023-019 Shop, i.e., welding, sheet metal, C C 0 machine, steel fab. Shop, i.e., wood, signs, cabinet, C C O C 0 upholstery Shopping center(mall) C C Solid waste disposal, i.e., baler, C C C transfer, landfill Storage, container P P P P O P Storage, explosives P Storage, outdoor, yard, C O O C material/equipment Storage, self service O O O 0 Storage, warehouse and O O O C C distribution Studio, radio/television C 1 O O O 1 O C Tanks, above ground associated C C 0 with service station Taxidermy O O O O 0 Terminal, i.e., bus, truck,freight O C O C Terminal, marine/boat O C O O C passenger Theater, concert, movie O 0 Tool/equipment rental O 0 Zoning Districts Principally Residential Principally Commercial Principally Public Uses RR R1 R2 R3 UR OR AC HC CB I RM INS P Temporary structure P P P P P P P P P P Utility facility, public electric, C C C C C C O O O O O 0 water, sewer, etc. Vehicle impound lot O 0 Vending machine repair, storage O O C Veterinary hospital C C C Wind Energy Conversion O O O O O O O O O O O O 0 Systems (WECS) Section 4. This ordinance shall take effect immediately upon adoption. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA,the 10th day of July, 2023. Title 15—page 25 407 CITY OF SEWARD,ALASKA ORDINANCE 2023-019 THE CITY OF SEWARD,ALASKA Sue McClure, Mayor AYES: NOES: ABSENT: ABSTAIN: VACANT : ATTEST: Kris Peck City Clerk (City Seal) Title 15—page 26 408 Resolution 2023-074 A Resolution of the City Council of Seward, Alaska approving Lease Amendment 1 to the Amended and Restated Lease Agreement between OBI Seafoods, LLC as assignee of Icicle Seafoods, Inc. and the City of Seward Documents: • Agenda Statement • Resolution 2023-074 • Amended and Restated Lease Agreement • Assignment and Assumption of Lease OBI • Amendment to Amendment and Restated Lease Agreement • Environmental Covenant OBI 409 City Council Agenda Statement Meeting Date: July 10, 2023 To: City Council Through: Norm Regis,Acting City Manager From: Brooks Chandler, City Attorney Agenda Item: Resolution 2023-074: A Resolution Of The City Council Of Seward,Alaska Approving Lease Amendment 1 To The Amended And Restated Lease Agreement Between OBI Seafoods, LLC As Assignee Of Icicle Seafoods, Inc. And The City Of Seward. Background and justification: The City of Seward has a long-standing relationship with the seafood processing industry. Icicle Seafoods, Inc. operated a processing facility at its current location under the terms of a lease agreement with the City. The initial lease was approved in 2008 and then extended in 2018. The lease expires in 2038. There are 2 five-year extension options. In 2019, Icicle and Ocean Beauty Seafoods combined to form a new entity called OBI Seafoods, LLC. The City Council approved assigning the Icicle lease to OBI in 2020. On January 14, 2019 a fuel leak from an above ground storage tank of approximately 9 gallons was discovered. It was reported to ADEC by Icicle shortly thereafter. A site investigation determined there were multiple contaminants present in the soil in concentrations that required clean up. ADEC supervised the clean up. A total clean up might have required tearing down the buildings on site to access and investigate the full extent of contaminated soil. ADEC agreed to an alternative approach which applied a concrete "cap"over the contamination. The City permitted the cap to be installed and the work has been completed. ADEC's approval was conditioned on the property owner(City of Seward) agreeing to notification of ADEC before excavations greater than 2 feet are begun, and inspecting and maintaining the cap. This is documented in what is called an Environmental Covenant which will be recorded with the lease amendment. The Lease Amendment makes Icicle responsible for complying with the Covenant and requires OBI to cooperate with Icicle. The Amendment also identifies what happens if the building is destroyed and specifies that future appraisals for rent adjustments must not consider any contamination or the existence of the Environmental Covenant. The Lease Amendment makes clear the underlying obligation to return the property to the City in the same condition as when the lease was made remains in force. OBI and Icicle have accepted the proposed lease amendment before the Council for approval. The City Attorney has participated in negotiations and is recommending Council approval. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with(citation listed): Comprehensive Plan: Strategic Plan: Other: 410 Certification of Funds Total amount of funds listed in this legislation: S This legislation(✓): Creates revenue in the amount of: $ Creates expenditure in amount of: $ Creates a savings in the amount of: $ X Has no fiscal impact Funds are(✓): Budgeted Line item(s): Not budgeted X Not applicable AttorneyReview✓ Administration Recommendation X Yes X Adopt Resolution Not applicable Other: C010--, City Attorney Signature: 411 Sponsored by: Regis CITY OF SEWARD,ALASKA RESOLUTION 2023-074 A Resolution of the City Council of Seward, Alaska Approving Lease Amendment 1 To The Amended And Restated Lease Agreement Between OBI Seafoods,LLC As Assignee Of Icicle Seafoods,Inc.And The City of Seward. WHEREAS, the City of Seward leased Lots 2A and 3A, Block 2, MARINE SUBDIVISION, BLOCK TWO REPLAT, Plat No. 96-28 Seward Recording District, Third Judicial District State of Alaska("the Property"to Icicle Seafoods pursuant to terms set forth in Lease No. RE-071 on August 17, 1988; and WHEREAS, City of Seward Resolution 2018-055 approved a 20 year Amended and Restated Lease of the Property with Icicle Seafoods on June 25, 2018 ("the Lease"); and WHEREAS, Icicle assigned the Lease to Ocean Beauty Seafoods, LLC on June 1, 2020 ("the Assignment"); and WHEREAS, the Assignment recognized that Icicle remained responsible to the City under the terms of the Lease; and WHEREAS, on or about January 14, 2019, Icicle discovered a leak estimated to contain nine (9) gallons of fuel on the Property ("Spill"); and WHEREAS,Icicle timely reported the Spill to the State of Alaska, Department of Environmental Conservation ("ADEC"); and WHEREAS, ADEC, Icicle and OBI have agreed to a response to the Spill which requires the City of Seward to allow an Environmental Covenant to be to be recorded against the Property which contains containing institutional controls, including installation of a concrete cap, restrictions on the use of the ground water, inspection and reporting requirements, and limitations on uses of the Property; and WHEREAS, OBI, Icicle and the City have negotiated terms on which the City will consent to recording of the Environmental Covenant which require the Lease be amended; and WHEREAS, Article 32 of the Lease requires that any amendment to the Lease be in writing and signed by the City and the Lessee; and WHEREAS, the University and CRRC along with the city negotiated an Amendment to the Lease. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF SEWARD, ALASKA that: 412 CITY OF SEWARD,ALASKA RESOLUTION 2023-074 Section 1. The Seward City Council consents to recording of the Environmental Covenant. Section 2. The Seward City Council approves Lease Amendment 1 to the Amended and Restated Lease. Section 3. The Seward City Council finds that the essential terms and conditions of Lease Amendment No. 1 to the Amended and Restated Lease are in the public interest. Section 4. This resolution shall take effect 30 days from the date of posting of adoption. PASSED AND APPROVED by the City Council of the City of Seward this loth day of July, 2023. The City of Seward,Alaska Sue McClure, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Kris Peck, City Clerk (City Seal) 413 AMENDED AND RESTATED LEASE AGREEMENT between CITY OF SEWARD, ALASKA and Icicle Seafoods Inc. Effective Date: [ ] 4817-1371-2460v.14 0022769-000022 414 TABLE OF CONTENTS ARTICLE 1 - LEASED LAND.................................................................................................... 1 1.1 Description of Leased Land.................................................................................... 1 1.2 Covenant of Quiet Enjoyment; Warranty of Title................................................... 2 1.3 Property Accepted................................................................................................... 2 1.4 Permits.................................................................................................................... 2 1.5 Platting.................................................................................................................... 2 1.6 Development ofLeased Land.................................................................................. 2 1.7 Amendment and Restatement of Original Lease..................................................... 3 ARTICLE 2 - LEASE TERM...................................................................................................... 3 ARTICLE 3 - RENTAL RATE................................................................................................... 3 3.1 Initial Rental Rate................................................................................................... 3 3.2 Rental Adjustments.................................................................................................. 4 3.3 Procedure for Rental Adjustment............................................................................ 4 3.4 Effect of Late Appraisal by CITY............................................................................ 4 3.5 Appraisal by LESSEE............................................................................................. 5 3.6 Effective Date ofAdjusted Rental Rate................................................................... 5 3.7 Interim Rental Adjustments..................................................................................... 5 3.8 Rent Payment Credits for Production and Employment......................................... 6 3.9 Late Payment Charge ............................................................................................. 7 ARTICLE 4 - USE OF LEASED LAND .................................................................................... 7 4.1 Use ofLeased Land................................................................................................. 7 4.2 Obligations ofLESSEE........................................................................................... 7 4.3 No Preferential Rights to Use Public Facilities ..................................................... 7 4.4 Adequacy of Public Facilities................................................................................. 8 4.5 Tams and Other Service Fees ............................................................................... 8 4.6 Time for Payment of Utilities and Taxes................................................................. 8 4.7 Other Uses .............................................................................................................. 8 4.8 Use ofPublic Docks and Port Facilities................................................................. 8 ARTICLE 5 - UTILITIES AND RIGHTS OF ACCESS.......................................................... 8 5.1 Utilities.................................................................................................................... 8 5.2 Third-Party Improvements...................................................................................... 9 5.3 Easements ............................................................................................................... 9 ARTICLE 6 - CONSTRUCTION BY LESSEE....................................................................... 10 6.1 Improvements on Leased Land............................................................................. 10 6.2 City Review of Construction ................................................................................. 11 ARTICLE 7 - RETURN OF LEASED LAND/SITE CONDITIONS.................................... 11 ARTICLE 8 - FORCE MAJEURE ........................................................................................... 11 ARTICLE 9 - LESSEE'S ACTS OF DEFAULT..................................................................... 11 ARTICLE 10 - REMEDIES FOR DEFAULT BY LESSEE .................................................. 13 ARTICLE 11 - TITLE TO IMPROVEMENTS INSTALLED BY LESSEE........................ 14 11.1 Real Property Improvements ................................................................................ 15 11.2 Personal Property................................................................................................. 15 4817-1371-2460v.14 0022769-000022 i 415 ARTICLE 12 - ASSIGNMENT OR SUBLEASE .................................................................... 15 12.1 Assignment ofLease or Subleasing....................................................................... 15 12.2 Assignment ofLease for Security.......................................................................... 15 12.3 Assignment to Affiliate.......................................................................................... 16 12.4 Assignment or Encumbrance by City.................................................................... 16 ARTICLE 13 - LESSEE'S DUTY TO DEFEND/INDEMNIFY............................................ 17 ARTICLE 14 - CITY'S DUTY TO DEFEND/INDEMNIFY ................................................. 17 ARTICLE 15 - INSURANCE.................................................................................................... 17 15.1 Minimum Insurance Requirements ....................................................................... 17 15.2 Subrogation Rights Waived................................................................................... 18 15.3 Restoration of Buildings and Improvements......................................................... 19 ARTICLE 16 - CONDEMNATION.......................................................................................... 20 ARTICLE 17 - ARBITRATION ............................................................................................... 20 17.1 Arbitration............................................................................................................. 20 ARTICLE 18 - MAINTENANCE AND REPAIRS................................................................. 21 18.1 Normal Maintenance ............................................................................................ 21 18.2 Safety Issues.......................................................................................................... 21 18.3 Cost of Repairs...................................................................................................... 22 ARTICLE 19 - ENVIRONMENTAL CONCERNS................................................................ 22 19.1 Hazardous Materials ............................................................................................ 22 19.2 Permits and Reporting.......................................................................................... 24 ARTICLE 20 - ESTOPPEL CERTIFICATES........................................................................ 25 ARTICLE 21 - CONDITIONS AND COVENANTS .............................................................. 25 ARTICLE 22 - NO WAIVER OF BREACH ........................................................................... 25 ARTICLE 23 - TIME OF THE ESSENCE.............................................................................. 26 ARTICLE 24 - COMPUTATION OF TIME........................................................................... 26 ARTICLE 25 - SUCCESSORS IN INTEREST....................................................................... 26 ARTICLE 26 - ENTIRE AGREEMENT ................................................................................. 26 ARTICLE 27 - GOVERNING LAW........................................................................................ 26 ARTICLE 28 - PARTIAL INVALIDITY................................................................................. 26 ARTICLE 29 - RELATIONSHIP OF PARTIES .................................................................... 26 ARTICLE 30 - INTERPRETATION ....................................................................................... 26 ARTICLE 31 - CAPTIONS ....................................................................................................... 27 ARTICLE 32 - AMENDMENT................................................................................................. 27 ARTICLE33 - NOTICES.......................................................................................................... 27 ARTICLE 34 - FIRE PROTECTION FOR LEASED LAND................................................ 28 EXHIBIT A 4817-1371-2460v.14 0022769-000022 11 416 AMENDED AND RESTATED LEASE AGREEMENT THIS AMENDED AND RESTATED LEASE AGREEMENT (the "LEASE") is made by and between the CITY OF SEWARD (the "CITY"), a municipal corporation located in the Kenai Peninsula Borough, State of Alaska, whose mailing address is P.O. Box 167, Seward, Alaska 99664 and Icicle Seafoods Inc. (the "LESSEE"), an Alaska corporation whose mailing address is P.O. Box 79003, Seattle, Washington 98119. WHEREAS, LESSEE is currently occupying the Leased Land (as defined in Section 1.1 below) pursuant to various leases and most recently pursuant to that certain Ground Lease (Contract No. RE-071), dated July 11, 1988, as amended by Lease Amendment No. 1 dated June 8, 1989, and by Lease Amendment No. 2 (RE-071) effective as of January 1, 1999, as evidenced by a Memorandum of Lease and Lease Termination recorded August 23, 1988, in Book 51 at Page 954, and Memorandum of Lease Amendment recorded July 19, 1989 in Book 55 at Page 210 and by Lease Amendment No. 2 recorded April 4, 2000 in Book 100 at Page 127, all in the Seward Recording District, Third Judicial District, State of Alaska (collectively, the "ORIGINAL LEASE") and desires to continue to lease the Leased Land; and WHEREAS,the City Council of CITY has determined that a continued lease of the Leased Land (as defined below) to LESSEE for the purposes described herein would be in the public interest; and WHEREAS,pursuant to this LEASE, CITY and LESSEE desire to amend and restate the ORIGINAL LEASE in its entirety; and WHEREAS, neither CITY nor LESSEE intends that anything in this LEASE shall be construed as a novation of the ORIGINAL LEASE, and this LEASE shall not effect a novation of the ORIGINAL LEASE; and WHEREAS, it is the intent of this LEASE to transfer from CITY to LESSEE the entire burden of compliance with environmental regulations or controls with respect to LESSEE's operations on the Leased Land. NOW THEREFORE, for and in consideration of the mutual promises and covenants hereinafter contained, the parties hereto agree as follows: ARTICLE 1 -LEASED LAND 1.1 Description of Leased Land. The Leased Land is located in the City of Seward, Alaska. The Leased Land is described as follows: Lots 2A and 3A, Block 2, MARINA SUBDIVISION, BLOCK TWO REPLAT, as shown on Plat 96-28, Seward Recording District, Third Judicial District, State of Alaska, consisting of approximately 4.93 acres or 214,804 square feet, more or less (the "Leased Land")(Tax Parcel ID 145-240-15-LHO1). 4817-1371-2460v.14 0022769-000022 1 417 The Leased Land is also depicted on the attached Exhibit A, which is incorporated herein by reference. 1.2 Covenant of Quiet Enjoyment; Warranty of Title. Subject to the encumbrances as of the date hereof, any appurtenant easements or rights of way, and any reasonable restrictions imposed on the Leased Land as part of recording of a plat by CITY, and the provisions of this LEASE, CITY hereby covenants and warrants that LESSEE shall have the quiet enjoyment and possession of the Leased Land for the full term of this LEASE. 1.3 Property Accepted "As-is." LESSEE acknowledges that it has inspected the Leased Land and accepts the same "as-is" and without reliance on any expressed or implied representations or warranties of CITY (other than the representations in Section 1.2 hereof), or agents of CITY, as to the actual physical condition or characteristics thereof and the legal description or depiction of the Leased Land in Section 1.1 or Exhibit A hereto. 1.4 Permits. LESSEE, at its sole cost, shall obtain all permits necessary to the construction and operation of its facilities on the Leased Land. CITY may from time to time, upon request of LESSEE, execute such documents,petitions, applications, and authorizations as may be necessary, as the underlying fee owner, to file with an agency or public body responsible therefor an application for conditional use permits, zoning and re-zoning, tentative and final tract approval, or precise plan approval that may be required for the lawful construction and operation of the facilities of LESSEE permitted on the Leased Land by the terms of this LEASE. However, nothing in this Section shall be construed as requiring CITY to support or approve any such application or permit requests. If the agency or public body responsible to approve or grant such application or permit request is a City of Seward agency, department, or board, LESSEE shall follow all City of Seward procedures, the same as any other applicant making similar requests of the City of Seward, according to the Charter, ordinances, resolutions, or any regulation, rules, or procedures of the City of Seward. Nothing in this Section imposes any duty or responsibility on CITY to assist LESSEE in obtaining any other permits or approvals, including without limitation those required by the U.S. Army Corps of Engineers (e.g., wetland fill permits), the Environmental Protection Agency(e.g., Clean Air Act permits), the Alaska Department of Public Facilities and Transportation(e.g., right-of-way permits),the Alaska Department of Fish and Game, and the Alaska Department of Environmental Conservation. 1.5 Platting. If LESSEE requests a replat of the Leased Land, CITY shall assist LESSEE in the preparation and filing of the replat, and LESSEE shall reimburse CITY for CITY's costs in assisting with the preparation and filing of the replat. In the event CITY elects to replat, LESSEE agrees to sign the plat and any other documents necessary to complete the platting or replatting of any area including all or a portion of the Leased Land. LESSEE shall accept reasonable restrictions, easements, or plat notes as may be required by CITY or other governmental authorities as a condition to filing the plat of the Leased Land or the plat of CITY-owned real property adjacent to the Leased Land. 1.6 Development of Leased Land. LESSEE shall continue to operate a fish processing facility, a cold storage facility, a meal plant facility, and other uses necessary and 4817-1371-2460v.14 0022769-000022 2 418 incidental to the foregoing, through the term of this LEASE. LESSEE understands that construction and operations of its marine-related business is a major consideration for the CITY's agreement to lease the Leased Land to LESSEE. LESSEE shall not operate any other unrelated business on the Leased Land without the consent of the CITY. a) CITY may withhold its consent as to any proposed business or activity which, in CITY's sole discretion, is not desirable or compatible with the CITY's operation of the Seward Boat Harbor. b) In accordance with the provisions of Article 12, no assignment or sublease shall be permitted, unless approved in writing by CITY. Any sublease shall be expressly subject and subordinate to this Lease and the rights of the CITY hereunder. The CITY may elect to not approve any proposed assignment or sublease that might result in a business or activity that, in the CITY's sole discretion, is undesirable and/or incompatible with the CITY's Comprehensive Plan. 1.7 Amendment and Restatement of Original Lease. To accommodate LESSEE'S existing financing, this LEASE amends and restates in its entirety the ORIGINAL LEASE. This LEASE does not evidence a termination of LESSEE's leasehold interest in,nor a re-leasing of,the LEASED LAND. Such leasehold interest of the LESSEE in and to the Leased Land pursuant to the ORIGINAL LEASE shall be continuing in all respects, as amended and restated by this LEASE. The parties do not intend for this LEASE to be a novation of the ORIGINAL LEASE, and this LEASE shall not effect a novation of the ORIGINAL LEASE. ARTICLE 2 -LEASE TERM The term of this LEASE (the "Lease Term") shall be in accordance with CITY's authorization in Resolution No. 2018- (the "Resolution"). The Lease Term shall commence on the date this LEASE is signed by CITY and that date shall be the effective date of this LEASE (the "Effective Date"). The Lease Term shall run for approximately 20 years from the Effective Date, ending at midnight on December 31, 2037. LESSEE shall have the right to extend the term of this LEASE for 2 additional 5 year periods, provided that: a) LESSEE exercises its option to extend at least one hundred and eighty (180) days prior to the expiration of the then current lease term; b) LESSEE is not in default under any term or provision of this LEASE; c) LESSEE shall exercise its options to extend by sending written notice in accordance with the provisions of Article 33 of this LEASE; and d) The City Council, at the time this option is exercised, approves the extension by resolution or ordinance. ARTICLE 3 - RENTAL RATE 3.1 Initial Rental Rate. Commencing on the Effective Date of this LEASE, the annual rental rate for the Leased Land shall be set at $124,000. Rent shall be payable quarterly in 4817-1371-2460v.14 0022769-000022 3 419 advance upon the Effective Date of this Lease (prorated for the balance of the current quarter) and thereafter on or before the 20th day of the month beginning each calendar quarter: January 20, April 20, July 20 and October 20. The amount of each quarterly payment shall be one-quarter of the annual rental rate as initially established or later adjusted under this Article 3. 3.2 Rental Adjustments. The annual rental payment shall be adjusted on July 1, 2020, and on the same date every five years thereafter(each a "Rental Adjustment Date"). The adjusted annual rental payment to be paid under the terms of this Lease shall be the appraised fair market rental value(the "Fair Market Rental Value") of the Leased Land at the highest and best use of the Leased Land. The highest and best use of the Leased Land shall be determined without regard to LESSEE's intended or actual use of the Leased Land unless that use is coincidentally the highest and best use of the Leased Land. CITY shall complete such appraisal and deliver a copy of the appraisal report to LESSEE not less than ninety (90) days before each Rental Adjustment Date. 3.3 Procedure for Rental Adjustment. To adjust the rent as of any successive Rental Adjustment Date, CITY shall, at its own expense, retain an independent State of Alaska certified MAI appraiser (Member, Appraisal Institute), who shall determine the "Fair Market Rental Value" of the Leased Land in accordance with this Article 3, exclusive of improvements placed thereon by LESSEE at any time but inclusive of all improvements made by CITY(including those made by CITY before or subsequent to this LEASE). The appraiser's report shall be delivered to LESSEE not less than ninety (90) days before the Rental Adjustment Date. The appraiser's determination of Fair Market Rental Value of the Leased Land shall constitute a final binding determination of the Fair Market Rental Value and the adjusted annual rental rate until the next Rental Adjustment Date, unless LESSEE objects to CITY's appraiser's determination of the Fair Market Rental Value. In that case, LESSEE shall give written notice to CITY of its objection within thirty(30) days of receipt of the appraiser's report, and LESSEE shall then engage an independent State of Alaska certified MAI appraiser (Member, Appraisal Institute) at LESSEE's expense to make an appraisal of the Fair Market Rental Value in accordance with this Article 3. If LESSEE's appraisal determines a Fair Market Rental Value that varies from that determined by CITY's appraisal by no more than twenty percent (20%), then the adjusted rental rate shall be the average of the rental rates determined by the two appraisals. If LESSEE's appraisal determines a Fair Market Rental Value that varies from CITY's appraisal by more than twenty percent (20%), then, unless CITY and LESSEE agree on a rate themselves, the adjusted annual rental rate of the Leased Land shall be determined in accordance with the arbitration provisions contained in Article 19 of this LEASE. 3.4 Effect ofLate Appraisal by CITY. If, for any reason, CITY does not complete the appraisal or deliver a copy of the appraisal report to LESSEE ninety (90) days before the Rental Adjustment Date, CITY may proceed to complete the appraisal or deliver a copy of the appraisal report to LESSEE at any time thereafter. However, any such adjusted annual rental rate shall not be effective until the quarterly payment due date immediately following the date CITY delivers the appraisal report to LESSEE. 4817-1371-2460v.14 0022769-000022 4 420 3.5 Appraisal by LESSEE. If, for any particular Rental Adjustment Date, CITY fails to obtain an appraisal of the Fair Market Rental Value or fails to deliver the appraisal report to the LESSEE by the Rental Adjustment Date, LESSEE may engage an independent State of Alaska certified MAI appraiser (Member, Appraisal Institute) at LESSEE's expense to make an appraisal under the terms of this Article 3 and submit a copy to CITY before the next quarterly rental payment due date. However, LESSEE must notify CITY in writing within thirty (30) days following the Rental Adjustment Date of LESSEE's election to obtain an appraisal. If CITY objects to LESSEE's appraiser's determination of the Fair Market Rental Value, CITY shall give written notice to LESSEE of its objection within thirty (30) days of receipt of the appraiser's report, and CITY shall then engage an independent State of Alaska certified MAI appraiser (Member, Appraisal Institute) at CITY's expense to make an appraisal of the Fair Market Rental Value as of the Rental Adjustment Date and in accordance with this Article 3. If the CITY's appraisal determines a Fair Market Rental Value that varies from that determined by LESSEE's appraisal by no more than twenty percent (20%), then the adjusted rental rate shall be the average of the rental rates determined by the two appraisals. If the CITY's appraisal determines a Fair Market Rental Value that varies from LESSEE's appraisal by more than twenty percent (20%), then, unless CITY and LESSEE agree on a rate themselves, the adjusted annual rental rate of the Leased Land shall be determined in accordance with the arbitration provisions contained in Article 19 of this LEASE. 3.6 Effective Date ofAdjusted Rental Rate. The adjusted annual rental rate established by this Article 3 shall apply as of the Rental Adjustment Date if CITY provided a copy of the appraisal report to LESSEE no later than ninety (90) days before the Rental Adjustment Date. If the adjusted annual rental rate is based on CITY's late appraisal or late delivery of the appraisal report to LESSEE, the adjusted rental rate shall be effective beginning with the quarterly rental payment due date immediately following the date the CITY delivers the appraisal report to LESSEE. Notwithstanding the above, the exercise by either CITY or LESSEE of the objection procedure relating to rental adjustment described in this Article 3 shall not postpone LESSEE's obligation to pay rent at the rate established by CITY. LESSEE shall pay the amount of rent as established or adjusted by CITY until the question of objection to the rental rate is finally resolved. At such time the objection to the rental rate is resolved, an appropriate credit or adjustment shall be made retroactive to the date the new rental rate was established by CITY or in cases where CITY failed to obtain an appraisal or deliver the appraisal report to the LESSEE, to the Rental Adjustment Date. 3.7 Interim Rental Adjustments. For each year in the period between each Rental Adjustment Date, excepting the Rental Adjustment Dates, the annual rental payment shall be increased beginning July 1, 2019 and on July 1 of every year thereafter (each an "Interim Rental Adjustment Date") in an amount that reflects the increase, if any, in the cost of living for the previous year as stated in the Consumer Price Index,All Urban Consumers,Anchorage, Alaska Area, All Items 1967=100 ("CPI"), as published by the United States Department of Labor, Bureau of Labor Statistics for the most recent period published immediately prior to the Interim Rental Adjustment Date. In no event shall the rent be less than the previous year. If the CPI is revised or ceases to be published,the CITY shall instead use such revised 4817-1371-2460v.14 0022769-000022 5 421 or other index as most nearly approximates the CPI for the relevant period, and make whatever adjustment in its application as may be necessary, in the CITY's sole discretion, to accomplished as nearly the same result as if the CPI had not been revised or ceased to be published. 3.8 Rent Payment Credits for Production and Employment. Provided that Lessee is not in default of any Lease provisions and is current in all other payments to City, Lessee shall be allowed as a credit against regular annual rent payable under Sections 3.1, 3.2 and 3.7 hereof(Regular Rental Rate),certain rent payments credits for production and employment at the Leased Land. The Lessee shall be entitled to receive credits as follows: (a) Production Credit. Lessee may deduct from Regular Rent payment due during a calendar year, a rent payment credit for processing fisheries resources at the Leased Land during the immediately preceding calendar year.The rent payment credit shall equal $.50 per ton of all fisheries resources delivered to the Leased Land by land or water or from within or outside of the City of Seward, Alaska. (b) Employment Credit. Lessee may deduct from the regular rent payment due during a calendar year, a rent payment credit for employment at the Leased Land during the immediately preceding calendar year. The rent payment credit shall equal $.25 per hour for each Alaska resident employee hour worked at the Leased Land which exceeds a base annual employment level of 25,000 employee hours. Only hours actually worked by Lessee's non-salaried, Alaska resident hourly paid employees shall be considered. All employee time must be for Alaska resident employees of Lessee who are actively engaged in work on behalf of Lessee at the Leased Land. City shall have the right to verify Lessee's compliance with provisions of this Article by being provided quarterly certified payroll records showing the hours worked by Lessee's Alaska resident employees at the Leased Land. (c) Alaska Resident Determination. Alaska resident status shall be determined by Alaska driver's license, Alaska resident fishing license, Alaska PFD recipient or an employee's Alaska resident address listed on previous years Federal Tax form. (d) Provisions Governing Use of All Rent Payment Credits. Rent payment credits shall be applied only against the Regular Rent due for each calendar year as otherwise computed under the terms of Lease sections 3.1 and 3.2 hereof, as such rental rate may be adjusted from time to time. Rent payment credits shall not be applied to any additional rent described in section 3.9 hereof, taxes assessments, utilities, other lease obligations paid by City on Lessee's behalf, late Regular Rental payments not timely made in the calendar year in which they were due, or late payment penalties. Final determination of the availability and amount of rent payment credits shall be in the sole reasonable discretion of City. 4817-1371-2460v.14 0022769-000022 6 422 Rent payment credits may be used in any combination; provided however, in no event shall the total of credits used in any one calendar year exceed 50% of the annual Regular Rent payments due for a calendar year or $75,000, whichever is less. Rent payment credits shall not be carried forward from year to year. Rent payment credits shall not be earned during the final calendar year of the lease term whether the lease has expired by its terms or is terminated by either party to the lease. 3.9 Late Payment Charge. Rental payments not received by the due date shall bear interest until paid at a rate of 10.5%per annum, or the maximum rate permitted under Alaska law, whichever is less, plus a flat monthly late fee of $2.50, or such amount as may be established from time to time by CITY ordinance or resolution and relating to late fees for CITY leases generally. ARTICLE 4 - USE OF LEASED LAND 4.1 Use of Leased Land. CITY has limited land available for lease. Use of the Leased Land by LESSEE has been determined by the City Council of CITY to be in the public interest. LESSEE may use the Leased Land for fish processing, cold storage, meal plant and other marine oriented business. 4.2 Obligations of LESSEE. LESSEE may use the Leased Land only in accordance with applicable CITY zoning code provisions and provided the following conditions are met: a) The Leased Land is to be completely cleaned and restored to its original condition, that is, the condition existing prior to this LEASE or in better condition upon termination of this LEASE. b) LESSEE agrees to prohibit the use, keeping, storage, or disposal of Hazardous Materials on the Leased Land except as permitted in Article 19 of this LEASE. c) LESSEE shall not use the Leased Land in any manner or construct any facilities thereon which would inhibit the use of adjacent or other lands. d) LESSEE shall operate a fish processing, cold storage, meal plant and other marine oriented business on the Leased Land. e) Any changes to this site require prior CITY approval, through the City Manager. 4.3 No Preferential Rights to Use Public Facilities. This LEASE does not grant to LESSEE any exclusive rights to use any public port facilities constructed or operated by CITY. LESSEE will be subject to any tariffs, procedures, rules, and regulations of CITY concerning the use of such facilities as they may now exist or from time to time be amended, and LESSEE shall not be entitled to any exclusive use. 4817-1371-2460v.14 0022769-000022 7 423 4.4 Adequacy of Public Facilities. CITY makes no representations or warranties as to the fitness of any particular part or the whole of CITY's public facilities for the uses intended by LESSEE, and LESSEE has inspected those facilities and has satisfied itself that the facilities are sufficient for the intended uses by LESSEE. CITY makes no representations or warranties of any nature with respect to the commercial practicability or accuracy of any information provided by CITY. 4.5 Tams and Other Service Fees. CITY shall have the right to make amendments to its tariffs, regulations, and scheduled fees from time to time, even if those adjustments shall cost LESSEE more for its operations or use of public facilities, and CITY is free to do so provided only that it does not impose any greater burden or higher rate upon LESSEE than upon any other similar user of the public facilities. 4.6 Time for Payment of Utilities and Taxes. LESSEE will pay for utilities and taxes related to operations on the Leased Land and LESSEE's interest in this LEASE and improvements thereon, if any,before such obligations become delinquent;provided that LESSEE may, in good faith and before such delinquency, contest any such charge or assessment. 4.7 Other Uses. This LEASE shall not preclude the CITY from actively seeking other and additional tenants for space, including those who would be in competition with LESSEE or who might be interested in leasing the Leased Land should this LEASE be terminated for any reason. 4.8 Use of Public Docks and Port Facilities. Public docks are subject to port and harbor rules and regulations as adopted by City Council. ARTICLE 5 -UTILITIES AND RIGHTS OF ACCESS 5.1 Utilities. LESSEE, at LESSEE's sole cost and expense, shall provide for the extension of public utilities to the Leased Land required for LESSEE's intended operations. In so doing, LESSEE shall comply with all CITY regulations and requirements, and the tariffs of the affected utilities, with respect to the construction of those utilities. CITY agrees to cooperate and assist the LESSEE, through consultation and review, in LESSEE's planning and engineering of those improvements. All utilities will be located and sized in accordance to CITY's Master Plan for the area leased. All such construction shall be in compliance with all applicable building, mechanical and fire codes. Utilities constructed by the LESSEE within the public right-of-ways or within public utility easements will normally be accepted and maintained by CITY or utility companies and may be used to serve other customers of CITY's without payment of fees or reimbursement of construction cost to the LESSEE. However, this does not preclude several lessees from agreeing to share the cost of constructing a utility to serve their facilities. CITY or other utility company may determine that it would be to their benefit to oversize the utility or install special fittings or equipment in order to serve other existing or future users. The additional direct costs of such oversizing shall be borne by CITY or other utility company. Such costs shall be limited to the supplier's cost of the additional fittings, equipment, direct labor, and 4817-1371-2460v.14 0022769-000022 8 424 equipment costs to complete the installation. The costs of oversizing pipe or electrical conduit shall be limited to the difference between the supplier's price to provide the size required to serve LESSEE's facility and the price of the oversized material required by CITY or utility company. LESSEE shall not be entitled to any refund, rebate, or payments from CITY for any rent, investment, or costs incurred by LESSEE with respect to any required permits for construction or operation of LESSEE's facilities on the Leased Land, it being the intent of the parties that the risk of obtaining required permits be solely a risk undertaken by LESSEE. 5.2 Third-Party Improvements. At the request of LESSEE, CITY shall, from time to time, execute and deliver, or join in execution and delivery of, such documents as are appropriate,necessary, or required to impose upon the Leased Land in accordance with the terms of this LEASE covenants, conditions, and restrictions providing for the granting of uses of the Leased Land, or any part thereof, the establishment of party walls, the establishment of mutual and reciprocal parking rights or rights of ingress or egress, or other like matters (herein called "third-party improvements"), all of which are for the purpose of the orderly development of the Leased Land as a commercial unit subject, however, to the conditions that: a) All such matters shall be limited to the Lease Term and shall terminate upon termination of this LEASE for whatever reason. b) Any such matters of a permanent nature extending beyond the Lease Term shall not be granted without the prior written approval of CITY. In any of the foregoing instances referred to in this Section, CITY shall be without expense therefor, and the cost and expense thereof shall be borne solely by LESSEE. c) At the expiration of the Lease Term (including any extended period) third-party improvements on the Leased Land other than trade fixtures and equipment shall become the property of CITY without the payment of any compensation to LESSEE. 5.3 Easements. In order to provide for the orderly development of the Leased Land and adjacent lands, it maybe necessary, desirable,or required that street,railroad,water,sewer, drainage, gas, power line, and other easements and dedications and similar rights be granted or dedicated over or within portions of the Leased Land. As additional consideration for this LEASE, CITY and LESSEE each shall, at the request of the other, join with each other in executing and delivering such documents from time to time and throughout the Lease Term as may be appropriate, necessary, or required by the several governmental agencies (including the City of Seward), public utilities, and other users or tenants of CITY land for the purpose of granting such easements and dedications;provided, however, that such easements and dedications and similar rights do not unreasonably interfere with LESSEE's operations. The costs of locating or relocating any public easements or restrictions of record including any relocation of public road, railroad,utility, 4817-1371-2460v.14 0022769-000022 9 425 or other easements shall be at the sole cost and expense of the party requesting the relocation. CITY shall not refuse reasonable requests for such relocations provided those relocations do not interfere with or inhibit the overall development of CITY property or other public property. Any easements or rights of access granted to LESSEE by CITY need not be exclusive to LESSEE. ARTICLE 6 - CONSTRUCTION BY LESSEE 6.1 Improvements on Leased Land. LESSEE shall have the right to erect, maintain, alter, remodel, reconstruct, rebuild, build, and/or replace buildings and other improvements on the Leased Land, subject to the following conditions: a) The cost of any construction, reconstruction, demolition, or of any changes, alterations, or improvements, shall be borne and paid for by LESSEE. b) The Leased Land shall at all times be kept free of mechanic's and materialmen's liens. c) LESSEE shall provide CITY with a copy of all building plans and specifications and a site development plan or plans(based on a recent survey)for the Leased Land prior to commencement of construction. d) LESSEE is solely responsible for resurveying and locating improvements on the Leased Land in such manner not to violate building setback requirements or encroach into rights-of-ways or easements. On completion of any improvements, LESSEE shall provide CITY a copy of an as-built survey depicting the improvements as completed on the Leased Land. e) Any general contractor employed by LESSEE shall be appropriately bonded by use of performance and labor and material payment bonds in the customary form when cost of the work is equal to or exceeds FIFTY THOUSAND DOLLARS ($50,000). Copies of all such bonds shall be furnished to CITY prior to commencement of construction. If the cost of the work is less than FIFTY THOUSAND DOLLARS ($50,000), LESSEE shall provide CITY, if no performance and labor and material bonds are provided by LESSEE, any necessary assurances or guarantees that the contemplated work will be performed by the general contractor or by LESSEE. In the event that LESSEE elects to construct the facility with its own personnel and equipment, or the personnel and equipment of any corporation or person that is an "affiliate" of LESSEE as such term is defined in AS 10.06.990(2)or Alaska limited liability company in which LESSEE maintains a substantial membership interest, a performance bond shall be required when the cost of the work is equal to or exceeds FIFTY THOUSAND DOLLARS ($50,000). f) CITY may, as contemplated by Alaska Statutes, give notice of non-responsibility for any improvements constructed or effected by LESSEE on the Leased Land. 4817-1371-2460v.14 0022769-000022 10 426 g) LESSEE shall comply with all federal, state, and local statutes and regulations with respect to such construction, including, but not limited to, all applicable building, mechanical, and fire codes. 6.2 City Review of Construction. CITY shall have the right to review initial plans, including those supplied to CITY under Section 6.1 hereof, and any future changes or additions to LESSEE's facilities on the Leased Land, by reviewing the design thereof prior to the commencement of construction. CITY shall have the right to comment upon that design and to require LESSEE to make reasonable changes so as to avoid interference with public operations, but the exercise of these rights shall not imply any obligation to do so nor any obligation to do so in a particular way. LESSEE shall construct the facility in accordance with final design specifications approved by CITY. CITY's representatives may monitor the work and shall have access to the site at all reasonable times. LESSEE shall be solely responsible for completing all improvements according to LESSEE's plans and specifications and shall bear all risk, responsibility, and liability for properly surveying the Leased Land before construction and to place all improvements on the Leased Land without encroaching upon any land, easements, rights-of-way, or setback requirements. LESSEE shall obtain the usual and customary performance guarantees from its contractors, and CITY shall be named as an additional insured. ARTICLE 7 -RETURN OF LEASED LAND/SITE CONDITIONS Subject to the provisions of Article 11.1 herein, upon termination of this LEASE for any reason, LESSEE shall return the Leased Land to CITY in the same condition as at the commencement this LEASE, subject to normal, non-abusive use. The Leased Land shall be free of all Hazardous Materials and contamination arising out of or resulting from or occurring during LESSEE's operations or use of the Leased Land during this LEASE. ARTICLE 8 -FORCE MAJEURE In the event either LESSEE or CITY is delayed from performance of any of its obligations under this LEASE due to acts of nature, acts of the enemies of the United States of America, sabotage, blockade, insurrection, riot, epidemic, fire, flood, explosion, earthquake/tsunami, civil disturbance, or war, the time period wherein such performance is to occur shall be extended by that amount of time necessary to compensate for the delay. ARTICLE 9 - LESSEE'S ACTS OF DEFAULT Each of the following shall be a"LESSEE Act of Default"under this LEASE and the terms "acts of default" and"default" shall mean,whenever they are used in this LEASE, any one or more of the following events: 9.1 Failure by LESSEE to pay promptly when due, and in no event later than twenty(20) days from the due date thereof, the rent required to be paid under this LEASE. 4817-1371-2460v.14 0022769-000022 11 427 9.2 Failure by LESSEE to comply with Section 4.1 of this LEASE for a period of thirty (30) days after written notice specifying such failure, requesting that it be remedied, and stating that it is a notice of default, has been given to LESSEE by CITY; provided, however, that if said default is such that it cannot be corrected within the applicable period, it shall not constitute an act of default if corrective action is instituted by LESSEE within the applicable period and diligently pursued until the default is corrected. 9.3 Failure by LESSEE to observe, fulfill or perform any covenants, conditions, or agreements on its part to be observed or performed under this LEASE, other than payment of rent or compliance with Section 4.1, for a period of thirty(30) days after written notice specifying such failure, requesting that it be remedied, and stating that it is a notice of default, has been given to LESSEE by CITY; provided, however, that if said default is such that it cannot be corrected within the applicable period, it shall not constitute an act of default if corrective action is instituted by LESSEE within the applicable period and diligently pursued until the default is corrected. 9.4 The making by LESSEE of an assignment for the benefit of creditors,the filing of a petition in bankruptcy by LESSEE, the adjudication of LESSEE as insolvent or bankrupt, the petition or application by LESSEE to any tribunal for any receiver or any trustee for itself or for any substantial part of its property; or the commencement of any proceeding relating to LESSEE under any bankruptcy, insolvency, reorganization, arrangement, or readjustment of debt law or statute or similar law or statute of any jurisdiction, whether now or hereafter in effect which shall remain undismissed for a period of six (6) months from the date of commencement thereof. 9.5 Violation by LESSEE of any laws or regulations of the United States, or of the State of Alaska, or any conditions of any permits issued by agencies of the City of Seward, the Kenai Peninsula Borough, the State of Alaska, or of the United States Government applicable to LESSEE's use of the Leased Land, pursuant to the regulations of such agencies, for a period of sixty(60) days after written notice specifying such violation has been given by the agency charged with the enforcement of such laws, regulations, or permits to LESSEE;provided,however, if such violation be such that it cannot be corrected within the applicable period, it shall not constitute an act of default if corrective action is instituted by LESSEE within the applicable period and diligently pursued until the violation is corrected. Furthermore,if LESSEE shall contest such alleged violation through appropriate judicial or administrative channels, the time period specified herein shall not commence until such proceedings are finally determined provided such proceedings are diligently pursued; provided, however, that any such extension of time shall not be effective if the effect of the interim administrative or judicial action is to cause a stoppage, interruption, or threat to the activities of any person or entity other than those of LESSEE. 9.6 Failure of LESSEE to maintain its operations within the Leased Land or to keep the public rights of way clear for a period of thirty (30) days after written notice specifying such failure, requesting that it be remedied, and stating that it is a notice of default, has been given to LESSEE by CITY; provided, however, that if said default is such that it cannot be corrected within the applicable period, it shall not constitute an act of default if corrective 4817-1371-2460v.14 0022769-000022 12 428 action is instituted by LESSEE within the applicable period and diligently pursued until the default is corrected. ARTICLE 10 -REMEDIES FOR DEFAULT BY LESSEE Whenever an act of default by LESSEE shall have occurred, and any applicable period for giving notice and any opportunity to cure shall have expired, CITY shall have the following rights and remedies all in addition to any rights and remedies that may be given to CITY by statute, common law, or otherwise: 10.1 CITY may distrain for rent due any of LESSEE's personal property which comes into CITY's possession. This remedy shall include the right of CITY to dispose of personal property distrained in any commercially reasonable manner. It shall be conclusively presumed that compliance with the procedures set forth in the Alaska Uniform Commercial Code (AS 45.29.601-.628) with respect to sale of property shall be a commercially reasonable disposal.Notwithstanding the foregoing, CITY agrees that its rights set forth in this Section 10.1 shall be junior to the rights granted to any Lender (as defined in Section 12.2) under a Security Instrument(as defined in Section 12.2), and CITY's consent is not required for a Lender to enter upon the LEASED LAND and assemble, have appraised, display, sever, remove, maintain,prepare for sale or lease, advertise, inspect, repair, lease, transfer and/or sell (at public auction or private sale), take possession of, or otherwise enforce such Lender's security interest in LESSEE's personal property or other assets located on the Leased Land in which such Lender holds a security interest. 10.2 CITY may re-enter the Leased Land and take possession thereof and, except for any personal property of LESSEE which CITY has waived its right to distrain under Section 10.1 above,remove all personal property of LESSEE from the Leased Land. Such personal property may be stored in place or may be removed and stored in a public warehouse or elsewhere at the cost of LESSEE all without service of notice or resort to legal process, all of which LESSEE expressly waives. 10.3 In addition to the above, CITY may: a) Declare this LEASE terminated; b) Collect any and all rents due or to become due from subtenants or other occupants of the Leased Land; c) Recover from LESSEE, whether this LEASE be terminated or not, reasonable attorney's fees and all other expenses incurred by CITY by reason of the breach or default by LESSEE; d) Recover an amount to be due immediately on breach equal to the unpaid rent for the entire remaining term of this LEASE. 4817-1371-2460v.14 0022769-000022 13 429 e) Recover all damages incurred by CITY by reason of LESSEE's default or breach, including, but not limited to, the cost of recovering possession of the Leased Land, expenses of reletting, including costs of necessary renovation and alteration of the premises, reasonable attorney's fees, and any real estate commissions actually paid. f) Remove or require the removal of any improvements constructed without CITY approval (when such approval is required under this LEASE) or constructed contrary to site development plans approved by CITY and recover all costs and expense incurred by CITY to remove violating improvements. 10.4 If LESSEE does not immediately surrender possession of the Leased Land after termination by CITY and upon demand by CITY, CITY may forthwith enter into and upon and repossess the Leased Land and expel LESSEE without being deemed guilty in any manner of trespass and without prejudice to any remedies which might otherwise be used for arrears of rent or breach of covenant. 10.5 No expiration or termination of this LEASE shall expire or terminate any liability or obligation to perform of LESSEE's which arose prior to the termination or expiration except insofar as otherwise agreed to in this LEASE. 10.6 Each right and remedy of CITY provided for in this LEASE shall be cumulative and shall be in addition to every other right or remedy provided for in this LEASE or now or hereafter existing at law or in equity or by statute or otherwise, and the exercise or beginning of the exercise by CITY of any one or more of the rights and remedies provided for in this LEASE or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by CITY of any or all other rights or remedies provided for in this LEASE or now or thereafter existing at law, or in equity or by statute or otherwise. 10.7 No delay or omission to exercise any right or power accruing following an act of default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. 10.8 Notwithstanding any other provision of this Article X, if this LEASE is rejected in a bankruptcy or insolvency proceeding or terminated due to LESSEE's breach of Section 9.4 above,upon Lender's written request made not more than forty(40) days after this LEASE is rejected, CITY will enter into a new lease of the Premises with the nominee of such Lender for the remainder of the term of this LEASE, at the same rent and under the same terms and conditions set forth in this LEASE. All sums due and owing to CITY under this LEASE shall be paid at the time of execution of the new lease. ARTICLE 11 - TITLE TO IMPROVEMENTS INSTALLED BY LESSEE 4817-1371-2460v.14 0022769-000022 14 430 11.1 Real Property Improvements. All improvements constructed by LESSEE or its predecessors on the Leased Land or on easements to or from the same, such as buildings, warehouses,conveyor systems, ditches,sewer lines,water lines, dikes or berms and similar improvements, are the property of LESSEE and shall be removed by LESSEE at the termination of this LEASE for any reason. All such improvements that are not removed by LESSEE prior to the termination of this LEASE shall become the property of CITY upon termination of this LEASE for any reason;provided,however,that CITY may require LESSEE to remove any improvements designated by CITY and without cost to CITY by giving notice to LESSEE of such requirement not more than 10 days after termination of this LEASE and sooner if possible. LESSEE shall have a period not to exceed three hundred sixty-five(365)days after LEASE termination or LESSEE's receipt of such notice (whichever is later) in which to remove such improvements, and LESSEE shall pay rent during such time, and shall continue to pay public utility bills until it has completed the removal obligations described in this Section 11.1. 11.2 Personal Property. Any other provisions of this LEASE to the contrary notwithstanding, LESSEE, upon termination of this LEASE for any reason, may, but need not, promptly remove, in no event later than ninety (90) days from the termination of the LEASE, trade fixtures and equipment from the Leased Land provided that LESSEE shall repair any damages to the Leased Land caused by such removal. ARTICLE 12 -ASSIGNMENT OR SUBLEASE 12.1 Assignment of Lease or Subleasing. The parties recognize that this LEASE has been determined to be in the public interest by the City Council of CITY for the reasons set forth in the approving Resolution. The rights and duties created by the LEASE are personal to LESSEE and CITY has granted the LEASE in reliance upon the business character and financial capability of LESSEE. Therefore, LESSEE shall not assign or sublease this LEASE without CITY's prior written consent, in CITY's sole discretion. 12.2 Assignment of Lease for Security. Notwithstanding Section 12.1 above, LESSEE may assign, encumber, or mortgage its interest in this LEASE or improvements on the Leased Land, by deed of trust or other security instrument (the "Security Instrument"), to (i) the State of Alaska to secure the LESSEE's tax obligations, and (ii) one or more entities engaged in the business of loaning money for LESSEE's development of or operations on the Leased Land (each beneficiary named in such Security Instrument referred to hereinafter as the "Lender"). CITY's consent is not required for any Security Instrument as described herein, or any loan documents related to the same (or any amendment, modification, restatement, supplement, renewal or substitution thereof), but upon a Lender's request, CITY shall execute a consent to the Security Instrument or include consent language in an estoppel certificate provided to CITY pursuant to Article XX of this LEASE. If requested by a Lender, CITY shall furnish such Lender, at the address provided to CITY by Lender in writing, with notice of any default or breach of LESSEE under this LEASE. Lender shall have the right(without being required to do so and without thereby assuming the obligations of LESSEE under this LEASE)to make good such default or breach within thirty(30)days after receipt of such written notice specifying such breach. 4817-1371-2460v.14 0022769-000022 15 431 Notwithstanding the provisions of Article 10 above, no "LESSEE Act of Default" shall exist until expiration of thirty (30) days after such notice is furnished to Lender; provided, a) If Lender, with respect to any default or breach other than a failure to make any required payment of rent or other money, shall undertake within thirty (30) days after notice to cure the default or breach and shall diligently and in good faith proceed to do so, CITY may not terminate this LEASE or relet the Leased Land unless Lender fails to cure the default or breach within a reasonable period of time thereafter; and b) If the default for which notice is given is a breach of Section 9.3, CITY shall not exercise any of the remedies afforded to it under Article 10 above so long as LESSEE or Lender remains in possession of the Leased Land and satisfies LESSEE's obligations under the terms of this LEASE. This LEASE shall not be terminated upon foreclosure or other assertion by Lender of its security interest as long as all obligations of LESSEE under the terms of this LEASE continue to be performed. Any assignee, purchaser at a foreclosure sale, or transferee shall agree to assume this LEASE and be bound by each and every term of this LEASE. No amendment,modification or termination of this LEASE prior to its expiration date shall be effective at any time that the Security Instrument remains effective,unless Lender shall have given its prior written consent thereto, which consent shall not unreasonably be withheld. Notwithstanding the forgoing, in the event the Lender does not notify the City of its election to withhold consent to any amendment, modification or termination of this Lease within thirty (30) days after receipt of a request for such approval, the Lender will be deemed to have approved such amendment,modification or termination as the case may be. If at any time the leasehold interest under this LEASE and the fee estate in the Leased Land are commonly held, such estates shall remain separate and distinct estates and shall not merge without the consent of Lender. 12.3 Assignment to Affiliate. Notwithstanding Section 12.1 above, LESSEE may assign this LEASE to an affiliate of LESSEE or of its parent company(as the term"affiliate"is defined by AS 10.06.990(2)) or to an Alaska limited liability company in which LESSEE or its parent company maintains a substantial membership interest; provided, however, that LESSEE's full faith and credit shall remain obligated under this LEASE as though the assignment had not taken place. 12.4 Assignment or Encumbrance by CITY. CITY agrees that, so long as any Security Instrument remains outstanding, the CITY shall not encumber its interest in the Leased Land or under the LEASE in any respect without the prior written consent of the LESSEE's Lender. If any deed of trust or similar instrument encumbers the CITY's interest in the Leased Land (a"CITY Deed of Trust") and is senior in priority to this LEASE, the CITY agrees to obtain: (i) a non-disturbance agreement in form reasonably satisfactory to Lender pursuant to which the beneficiary named in such CITY Deed of Trust agrees not to disturb the possession of LESSEE or Lender and their successors and assigns so long as LESSEE and Lender and their successors and assigns comply with this LEASE. 4817-1371-2460v.14 0022769-000022 16 432 ARTICLE 13 -LESSEE'S DUTY TO DEFEND/INDEMNIFY LESSEE shall defend,indemnify,and hold harmless CITY,its officials,employees,agents, and contractors from any and all liability or claims for damages, including personal injuries, environmental damage, death and property damage arising out of or resulting from LESSEE's use of the Leased Land or the use of the Leased Land by LESSEE's sublessees, assignees, agents, contractors, or the public, except for damages arising from the sole negligence or willful acts or omissions of CITY, its officials, employees, agents, or contractors. If any action or proceeding is brought against LESSEE by reason of any such occurrence, LESSEE shall notify CITY promptly in writing of such action or proceeding. ARTICLE 14 - CITY'S DUTY TO DEFEND/INDEMNIFY CITY shall defend, indemnify and hold LESSEE harmless from any and all liability or claims for damages, including personal injuries, death, and property damage arising from the sole negligence or willful acts or omissions of CITY, its officials, employees, agents, or contractors. ARTICLE 15 - INSURANCE 15.1 Minimum Insurance Requirements. Prior to commencement of the Lease Term or LESSEE'S occupancy of the Leased Land, LESSEE shall procure and maintain, at LESSEE's sole cost and expense, the following insurance: a) Commercial General Liability Insurance Policy insuring the Leased Premises and LESSEE's use thereof, with a minimum limit of Two Million Dollars ($2,000,000) on account of bodily injuries or death or property damage for each occurrence and a minimum limit Two Million Dollars ($2,000,000) annual general aggregate (such limits may be satisfied through a combination of primary and umbrella/excess liability insurance). The foregoing policy(ies) shall name CITY and, upon request, LESSEE's lender, as additional insureds under LESSEE's insurance policy(ies); b) Special Form Cause of Loss (excluding earthquake and flood) Property Insurance Policy, including extended coverage endorsements insuring all of Lessee's improvements (including LESSEE's stock-in-trade, trade fixtures, furniture, furnishings, special equipment, floor and wall coverings, and all other items of personal property of LESSEE located on or within LESSEE'S improvements' with such coverage to be in an amount equal to one hundred percent (100%) of the replacement cost thereof. The foregoing policy shall name CITY and LESSEE's lender, if any, as loss payee under LESSEE's insurance policy with regard to the permanent leasehold improvements on the Leased Land. c) Workers' compensation and United States Longshore and Harborworker's insurance covering Tenant's employees at the Leased Premises as required by Alaska law; 4817-1371-2460v.14 0022769-000022 17 433 d) Commercial automobile liability insurance for hired, owned/registered under LESSEE's name and non-owned vehicles, including contractual liability with a single limit of liability not less than One Million and 00/100 Dollars ($1,000,000.00) per accident for bodily injury and property damage combined or such other amounts as CITY may reasonably request. The foregoing policy shall name CITY and, upon request, LESSEE's lender, as additional insureds under Tenant's insurance policy. The minimum amounts and types of insurance provided by LESSEE shall be subject to revision at the sole discretion of CITY in accordance with standard insurance practices, in order to provide continuously throughout the term of this LEASE and any extensions hereof, a level of protection consonant with good business practice and accepted standards in the industry. Such factors as changes in the type of or extent of use of the Lease Land, increases in the cost of living, inflationary pressures, and other considerations, shall be utilized in assessing whether the minimum insurance requirements should be increased. CITY shall notify LESSEE of any required increase in insurance coverage. Provisions of insurance policies required under this Section 15.1 will not be materially altered by LESSEE during the term of this LEASE, and LESSEE will provide CITY with proof of insurance upon request. All such policies shall be written by insurance companies legally authorized or licensed to do business in the State of Alaska and acceptable to CITY (Best's Rating B+ or better). CITY shall be listed as an additional insured under all insurance policies. LESSEE shall furnish CITY, on forms approved by CITY, certificates evidencing that it has procured the insurance required herein prior to the occupancy of the Leased Land or operation by LESSEE. Insurance policy deductibles shall be consonant with good business practice and accepted standards in the LESSEE's industry. Nothing herein contained shall prevent LESSEE or CITY from placing and maintaining at CITY's or LESSEE's own individual cost and expense,additional or other insurance as may be desired. The minimum insurance requirements under this LEASE shall not act to limit LESSEE's liability for any occurrence and shall not limit LESSEE's duty to defend and indemnify CITY for claims related to this LEASE or the Leased Land. 15.2 Subrogation Rights Waived. To the extent permitted by law, LESSEE hereby releases CITY, its elected and appointed officials, employees and volunteers, and others working on behalf of CITY from any and all liability or responsibility to LESSEE or anyone claiming through or under LESSEE by way of subrogation or otherwise, for any loss of any kind (including damage to property caused by fire or any other casualty), even if such loss shall have been caused by the fault or negligence of the CITY, its elected or appointed officials,employees or volunteers,or others working on behalf of the CITY. This provision shall be applicable and in full force and effect only with respect to loss or damage occurring during the time of LESSEE's occupancy or use (including LESSEE's occupancy or use prior to the Effective Date of this LEASE), and LESSEE agrees its policies of insurance will not contain any clause,provision or endorsement that limits LESSEE's right to recover under such policy if an additional insured has obtained a waiver of subrogation. 4817-1371-2460v.14 0022769-000022 18 434 15.3 Restoration of Buildings and Improvements. In the event of damage to, or destruction of, any of the buildings or improvements situated on the Leased Land, and to the extent that LESSEE is entitled to any insurance proceeds resulting therefrom, such proceeds shall be paid to LESSEE's Lender,to be used to restore the LESSEE's improvements in accordance with the Security Instrument. In the event LESSEE does not have a Lender, then the insurance proceeds shall be payable to Lessee, and Lessee shall either: a) Within ninety(90) days after payment of the insurance proceeds, commence restoration of the buildings and improvements to their condition prior to such damage, provided, however, that Lessee's obligation to restore will be limited to the insurance proceeds available to Lessee; or b) Apply such insurance proceeds first to the cost of removal of the damaged or destroyed buildings, including any debris or other nuisance occasioned by the damage or destruction, and restore the Leased Land to a grade and condition similar to its grade and condition prior to the construction of the buildings or improvements thereon. Insurance proceeds remaining after the removal of damaged or destroyed buildings and other improvements, and restoration of the Leased Land to grade and condition satisfactory to the City may be applied to any indebtedness owed by Lessee to any lender named as beneficiary under any Deed of Trust recorded against the Lessee's interest, in order of priority of recordation. c) Regardless of whether Lessee elects to proceed under a) or b), above, all insurance proceeds shall be deposited and held in trust with a bank having offices in Seward and/or Anchorage, Alaska, as Lessee may designate, or with Lessee's mortgagee named in a Deed of Trust granting such mortgagee a beneficial interest in the damaged property, and shall be made available to Lessee for its use in either restoring or repairing any damaged or destroyed buildings or improvements on the Leased Land, or removing the damaged or destroyed buildings or improvements and restoring the Leased Land to a grade and condition of reasonable satisfaction to the City. The proceeds of insurance shall be paid out by such bank or mortgagee from time to time, on certifications, by the person having supervision of the work, that the amount certified is being applied to the payment of the reasonable costs of such work. Should the Lessee elect not to restore and repair damaged buildings and improvements on the Leased Land, all insurance proceeds remaining after removal of damaged and destroyed buildings and improvements, and restoration of the Leased Land, may be applied to any indebtedness by Lessee to any lender named as beneficiary under any Deed of Trust recorded against the Lessee's interest, in order of priority of recordation, after receipt of written satisfaction from the City of the restoration of the Leased Land. In the event Lessee elects not to restore and repair when substantial damage or destruction has occurred to the buildings and improvements,this Lease shall terminate, and all Lessee's obligations hereunder shall expire, upon the date that the City certified in writing its satisfaction with the restoration of the Leased Land. 4817-1371-2460v.14 0022769-000022 19 435 ARTICLE 16 - CONDEMNATION If all or any part of the Leased Land is condemned for a public use by any government agency or other duly authorized entity, CITY and LESSEE shall each make a claim against the condemning or taking authority for the amount of any damage incurred by or done to them respectively as a result of the taking. Neither LESSEE nor CITY shall have any rights in or to any award made to the other by the condemning authority;provided, that in the event of a single award to CITY which includes specific damages for loss of LESSEE's leasehold interest, CITY shall transmit to LESSEE the amount of such specific damages so found, if any or to LESSEE's Lender if required by a Security Instrument. If part but not all of the Leased Land is condemned for public use, LESSEE shall make a good faith determination as to whether or not the taking of the part of the Leased Land designated for condemnation will prevent it from continuing to operate on the Leased Land. If LESSEE determines in good faith that the condemning of such part of the Leased Land will prevent it from continuing to operate on the Leased Land, LESSEE may notify CITY in writing to this effect, and this LEASE shall then be terminated for all purposes effective fifteen (15) days from the date LESSEE sends such notice to CITY, or at such other later date as LESSEE shall specify in its notice, and such termination shall be treated in the same manner as a termination at the expiration of the term of this LEASE. LESSEE shall, as a condition precedent to such termination, remove all encumbrances, debts, and liens to which the Leased Land is subject. If at the time of such partial taking for public use, LESSEE determines that such partial taking will not prevent it from continuing to operate, then LESSEE and CITY shall negotiate an equitable and partial abatement of the rent beginning to be effective on the actual date when LESSEE is effectively prevented from utilizing the condemned land. ARTICLE 17 -ARBITRATION 17.1 Arbitration. a) Disputes between the parties with respect to the performance of this LEASE that cannot be resolved by the parties,may be submitted to an independent arbitrator for a settlement pursuant to the provisions of the Alaska Uniform Arbitration Act (AS 09.43.010 et. sec.), as it now exists or may hereafter be amended from time to time, and judgment on the award may be entered in any Superior Court in the State of Alaska. Either party may submit to the other party a request for arbitration and the party receiving a request shall have twenty (20) days to consent, in writing, to the use of arbitration to resolve the dispute. Failure of either party to consent will preclude the use of arbitration for that dispute. The costs and expenses of arbitration shall be shared equally by the parties, and each party shall bear its own attorney's fees and costs. b) Arbitration procedures shall be applicable only to contract, negligence, and similar claims arising from or related to this LEASE, and shall not be used to resolve or determine any claim based upon fraud, intentional misrepresentation,nor any claim based on conduct that is a felony crime in the State of Alaska. 4817-1371-2460v.14 0022769-000022 20 436 c) Arbitration of any dispute or claim shall be determined by a single arbitrator selected from a list of not less than five (5) arbitrators obtained from the presiding Superior Court Judge or other appropriate judicial officer in Anchorage, Alaska. The arbitrator shall be a person who (a) has not less than five (5) years legal experience in the State of Alaska prior to appointment; and (b) such legal experience includes substantial experience with long-term commercial real property transactions. Each party shall be provided with a copy of the list and shall be afforded a maximum of ten (10) working days to become familiar with the qualifications of the prospective arbitrators. The arbitrator shall be selected by each party, commencing with the party demanding the arbitration, striking one name from the list until only a single name remains. d) Arbitration hearings shall be conducted in Anchorage,Alaska or such other location as the parties may agree. Each party shall produce at the request of the other party, at least thirty(30) days in advance of such hearing, (i)the names, addresses, phone numbers, and email addresses for all witnesses who may testify at the hearing; and (ii) all documents to be submitted at the hearing and such other documents as are relevant to the issues or likely to lead to relevant information. e) In deciding the claim or dispute, the arbitrator shall follow applicable Alaska law, and the written decision shall be supported by substantial evidence in the record. Failure to apply Alaska law, or entry of a decision that is not based on substantial evidence in the record, shall be additional grounds for modifying or vacating an arbitration decision. ARTICLE 18 -MAINTENANCE AND REPAIRS 18.1 Normal Maintenance. During the entire term of this LEASE and every extension hereof, if any, LESSEE shall, at LESSEE's sole cost, risk and expense, maintain the Leased Land, including any improvements placed thereon by LESSEE, in as good condition as received or constructed by LESSEE, subject to normal, non-abusive use. CITY, at CITY's sole option and expense,may,prior to the commencement of construction by LESSEE,perform maintenance and preventative work on the Leased Land, exclusive of improvements placed thereon by LESSEE, in order to prevent erosion, mitigate damage to plants and animals, or prepare the Leased Land for eventual development by LESSEE or others by grading, filling, or contouring the Leased Land. Any such work performed by CITY shall be at CITY's sole expense and risk unless LESSEE agrees, in advance and in writing, to share such expense and risk. LESSEE shall maintain in first class condition at all times all fire, pollution, and other protective equipment, if any are placed on Leased Land. 18.2 Safety Issues. CITY may notify LESSEE in writing of any deficiencies in the performance of LESSEE's maintenance responsibilities as they relate to public health or safety and LESSEE shall promptly within thirty (30) days of receipt of such notice advise CITY in writing of its proposed schedule for performance of any work necessary to cure such deficiencies. 4817-1371-2460v.14 0022769-000022 21 437 If such deficiencies relate to the safety of LESSEE's operation such that the surrounding land and port facilities are exposed to risk, unnecessary potential hazards, or a risk to the public interest (as distinguished from a business risk), or if CITY is not satisfied with the proposed schedule of repairs either because of the delays therein or the scope of the repairs, then CITY may engage an independent engineering consultant well-versed and experienced who shall furnish to CITY a comprehensive survey and report for the purpose of establishing both the need and urgency to perform such maintenance work. As soon as practicable following receipt of said engineer's determinations and recommendations, if the report requires repair then LESSEE shall pay the cost of the report and perform such work in accordance therewith at LESSEE's cost, risk, and expense. 18.3 Cost of Repairs. Should LESSEE dispute the necessity of any maintenance work as being necessary or advisable or reasonable to protect the public facilities on adjacent land, it may submit the matter to arbitration; provided, however, that pending the decision of the arbitrator it shall fully comply with the maintenance requests. If an arbitration award should ultimately find that the repairs were not necessary, then LESSEE may either deduct from future rental payments the cost of such repairs or be reimbursed therefor. In deciding whether repairs requested by CITY or required by an engineering report are necessary, the arbitration panel is to give primary consideration to the safety and welfare of the Seward port facilities and the citizens of Seward in light of the highest standards in the industry. If any facility or service provided by CITY to the Leased Land shall become inadequate due to changes in environmental control standards or should any facility require updating or improvement by reason of a change in LESSEE's use of the Leased Land or operations therefrom, LESSEE shall either construct such improvements at LESSEE's own cost or reimburse CITY for such work at the option of CITY. ARTICLE 19 -ENVIRONMENTAL CONCERNS 19.1 Hazardous Materials. a) Condition of Site. LESSEE has had full opportunity to examine the site for the presence of any Hazardous Material and accepts the site in "as is" condition. LESSEE may elect, at LESSEE's sole cost, to conduct a baseline soils test prior to execution of this LEASE. b) Release of CITY. Any other provision of this LEASE to the contrary notwithstanding, LESSEE releases CITY from any and all claims, demands, penalties, fines, judgments, liabilities, settlements, damages, costs, or expenses (including, without limitation, attorney's fees, court costs, litigation expenses, and consultant and expert fees) arising prior to, during, and after the term of this LEASE, and resulting from the use, keeping, storage, or disposal of Hazardous Material on the Leased Land by LESSEE or its predecessors in interest, or arising out of or resulting from LESSEE's operations at the Leased Land or the operations of its predecessors in interest at the Leased Land except for those claims arising out 4817-1371-2460v.14 0022769-000022 22 438 of CITY's sole negligence or intentional misconduct. This release includes,without limitation, any and all costs incurred due to any investigation of the Leased Land or any cleanup,removal, or restoration mandated by a federal, state, or local agency or political subdivision or by law or regulation. c) Use of Hazardous Materials on the Site. i) LESSEE shall not cause or permit any Hazardous Material to be brought upon, kept, or used in or about the Leased Land except for such Hazardous Material as is necessary to conduct LESSEE's authorized use of the Leased Land. ii) Any Hazardous Material permitted on the Leased Land as provided in this paragraph, and all containers therefor, shall be used, kept, stored, and disposed of in a manner that complies with all Environmental Laws or other laws or regulations applicable to such Hazardous Material. iii) LESSEE shall not discharge, leak, or emit, or permit to be discharged, leaked, or emitted, any material into the atmosphere, ground, ground water, sewer system, or any body of water, if such material (as reasonably determined by the City, or any governmental authority)does or may,pollute or contaminate the same, or may adversely affect the (a)health, welfare, or safety of persons, whether located on the Leased Land or elsewhere; or (b) condition, use, or enjoyment of the Leased Land or any other area or personal property. iv) LESSEE hereby agrees that it shall be fully liable for all costs and expenses related to the use, storage, and disposal of Hazardous Material kept or brought on the Leased Land by LESSEE, its authorized representatives and invitees, and LESSEE shall give immediate notice to CITY of any violation or potential violation of the provisions of this subparagraph. d) Indemnification of CITY. Any other provision of this LEASE to the contrary notwithstanding, LESSEE shall defend, indemnify, and hold CITY harmless from and against any claims, demands, penalties, fines, judgments, liabilities, settlements, damages, costs, or expenses (including, without limitation, attorney, consultant and expert fees, court costs, and litigation expenses)of whatever kind or nature, known or unknown, contingent or otherwise, arising out of or in any way related to: i) The presence,disposal,release, or threatened release of any such Hazardous Material which is on or from the Leased Land, soil, water, ground water, vegetation, buildings, personal property, persons, animals, or otherwise; 4817-1371-2460v.14 0022769-000022 23 439 ii) Any personal injury(including wrongful death) or property damage(real or personal) arising out of or related to such Hazardous Material or any use of the Leased Land; iii) Any lawsuit brought or threatened, settlement reached,or government order relating to such Hazardous Material or any use of the Leased Land; and/or iv) Any violation of any laws applicable thereto; provided, however, that this Section 19.1(d) shall apply only if the acts giving rise to the claims, demands, penalties, fines, judgments, liabilities, settlements, damages, costs, or expenses (1) occur prior to or during the term of this LEASE; and (2) arise, in whole or in part, from the use of, operations on, or activities on the Leased Land by LESSEE or LESSEE's predecessors in interest, employees, agents, invitees, contractors, subcontractors, authorized representatives, subtenants, or any other persons. The provisions of this subparagraph shall be in addition to any other obligations and liabilities LESSEE may have to CITY at law or equity and shall survive the transactions contemplated herein and shall survive the termination of this LEASE. e) Operator. For all purposes, LESSEE shall be deemed the operator of any facility on the Leased Land. f) Hazardous Material Defined. As used in this LEASE, Hazardous Material is any substance which is toxic, ignitable, reactive, or corrosive or which is regulated by any Environmental Law. Hazardous Material includes any and all material or substances which are defined as industrial waste, hazardous waste, extremely hazardous waste, or a hazardous substance under any Environmental Law. Notwithstanding any statutory petroleum exclusion, for the purposes of this LEASE, the term Hazardous Material includes, without limitation, petroleum, including crude oil or any fraction thereof, petroleum soaked absorbent material, and other petroleum wastes. g) Environmental Law Defined. As used in this LEASE,Environmental Laws include any and all local, state, and federal ordinances, statutes, and regulations, as now in force or as may be amended from time to time, relating to the protection of human health and the environment, as well as any judgments, orders, injunctions, awards, decrees, covenants, conditions, or other restrictions or standards relating to same. Environmental Laws include, by way of example and not as a limitation of the generality of the foregoing, Alaska Statutes Title 46, the Resource Conservation and Recovery Act of 1976, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Clean Water Act, and the Superfund Amendments and Reauthorization Act of 1986. 19.2 Permits and Reporting. 4817-1371-2460v.14 0022769-000022 24 440 a) Permits Required by Other Governmental Agencies. LESSEE shall obtain all permits or approvals required by any applicable law or regulation. Copies of all such permits shall be provided to CITY prior to LESSEE commencing work under this LEASE. LESSEE shall promptly make all reports to any federal, state, or local government or agency required by any permit or Environmental Law, including reports of any spill or discharge of Hazardous Material. The CITY, through the City Manager,may order LESSEE to immediately cease any operations or activities on the Leased Land if the same is being carried out without necessary permits, in violation of the terms of any permit or Environmental Law, or contrary to this LEASE. b) Correspondence With and Reports to Environmental Agencies. LESSEE shall immediately (the same or the next business day) provide CITY with copies of all correspondence and notice, including copies of all reports between LESSEE and any state, federal, or local government or agency regulating Hazardous Material which relates to LESSEE's operations on or use of the Leased Land. ARTICLE 20 -ESTOPPEL CERTIFICATES Either party shall at any time and from time to time upon not less than ten (10) days'prior written request by the other party, execute, acknowledge, and deliver to such party, or to its designee, a statement in writing certifying that this LEASE is unamended and in full force and effect (or, if there has been any amendment thereof, that the same is in full force and effect as amended and stating the amendment or amendments), that there are no defaults existing (or, if there is any claimed default, stating the nature and extent thereof), the remaining term of this LEASE and any extensions hereto, stating the dates to which the rent and other charges have been paid in advance, and such other information as may be reasonably requested by the requesting party and, where the requesting party is the LESSEE, include such other provisions as a prospective assignee of the LES SEE's interest in this LEASE or a prospective leasehold mortgagee would reasonably request. ARTICLE 21 - CONDITIONS AND COVENANTS All the provisions of this LEASE shall be construed to be "conditions" as well as "covenants," as though the words specifically expressing or imparting covenants and conditions were used in each separate provision. ARTICLE 22 -NO WAIVER OF BREACH No failure by either CITY or LESSEE to insist upon the strict performance by the other of any term, covenant, or condition of this LEASE or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach or of such terms, covenants, or conditions. No waiver of any breach shall affect or alter this LEASE, but each and every term, covenant, and condition of this LEASE shall continue in full force and effect with respect to any other than an existing or subsequent breach. 4817-1371-2460v.14 0022769-000022 25 441 ARTICLE 23 - TIME OF THE ESSENCE Time is of the essence of this LEASE and of each provision. ARTICLE 24 - COMPUTATION OF TIME The time in which any act provided by this LEASE is to be done by shall be computed by excluding the first day and including the last,unless the last day is a Saturday, Sunday,or a holiday, and then it is also excluded. ARTICLE 25 - SUCCESSORS IN INTEREST Each and all of the terms,covenants, and conditions in this LEASE shall inure to the benefit of and shall be binding upon the successors in interest of CITY and LESSEE. ARTICLE 26 -ENTIRE AGREEMENT This LEASE contains the entire agreement of the parties with respect to the matters covered by this LEASE, and no other agreement, statement, or promise made by any party which is not contained in this LEASE shall be binding or valid. ARTICLE 27 - GOVERNING LAW This LEASE shall be governed by, construed, and enforced in accordance with the laws of the State of Alaska. The terms of this LEASE are subject in all respects to the Charter and Code of Ordinances of CITY in effect on the date of this LEASE, and as they may be hereafter amended, including, without limitation, Chapter 7.05 of the Seward City Code. ARTICLE 28 -PARTIAL INVALIDITY If any provision of this LEASE is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. ARTICLE 29 -RELATIONSHIP OF PARTIES Nothing contained in this LEASE shall be deemed or construed by the parties or by any third person to create the relationship of principal and agent or of partnership or of joint venture or of any association between CITY and LESSEE; and neither the method of computation of rent, nor any other provisions contained in this LEASE, nor any acts of the parties, shall be deemed to create any relationship between CITY and LESSEE other than the relationship of lessee and lessor. ARTICLE 30 -INTERPRETATION 4817-1371-2460v.14 0022769-000022 26 442 The language in all parts of this LEASE shall in all cases be simply construed according to its fair meaning and not for or against CITY or LESSEE as both CITY and LESSEE have had the opportunity to seek assistance of counsel in drafting and reviewing this LEASE. ARTICLE 31 - CAPTIONS Captions of the articles,paragraphs, and subparagraphs of this LEASE are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or meaning of the provisions of this LEASE. ARTICLE 32 -AMENDMENT This LEASE is not subject to amendment except in writing executed by both parties hereto. ARTICLE 33 -NOTICES All notices, demands, or requests from one party to another shall be delivered in person or be sent by mail, certified or registered, postage prepaid, to the addresses stated in this Article and to such other persons and addresses as either party may designate. Notice by mail shall be deemed to have been given at the time of mailing. All notices, demands, and requests from LESSEE to CITY shall be given to CITY at the following address: City Manager CITY OF SEWARD PO Box 167 Seward,Alaska 99664 All notices, demands or requests from CITY to LESSEE shall be given to LESSEE at the following address: Seward Fisheries P.O. Box 8 Seward,Alaska 99664 Attn: Plant Manager With a copy to: Icicle Seafoods, Inc. c/o Cooke Aquaculture, Inc. 40 Wellington Row Saint John,New Brunswick E2L 31-13 Attn: Chief Legal Officer Each party shall have the right, from time to time,to designate a different address by notice given in conformity with this Article. 4817-1371-2460v.14 0022769-000022 27 443 ARTICLE 34- FIRE PROTECTION FOR LEASED LAND LESSEE shall at its sole cost, risk and expense provide fire detection and protection to its operations on the Leased Land and fire prevention to industry standards for risks to adjacent facilities such that those risks are minimized. LESSEE shall continue to provide and maintain industry accepted standards of fire protection such that the City of Scward's ISO rating is not degraded by reason of L 1:,:5S --E'S olicnition. The parties agree that with the rapid expansion of technolo,�}, 'n the field of fire prcvcrLt1oiL and control LESSEE's obligations hereunder may vary during the term of this LEASE and CITY may submit LESSEE's compliance with its obligation hereunder to arbitration not more frequently than once each five years. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the dates herein set forth. CITY: LESSEE; CITY OF SEWARD ICICL SEAFOODS, INC By: By: f Jim Hunt, City Manager John W o , Chief Operating Officer Date: Date 07 ATTEST: Johanna Kinney, CMC City Clerk STATE OF ALASKA ) ss.. TI IIRD JUDICIAL DISTRICT } The f6l'cLo'1n,-, 1I1AI'LITIM11 SELLS ackTi0 ,,\lcdvcd before me this day of _ . 2 018. hy J i in 11 L.nt. C its Manager of the City of Seward, Alaska, on behalf of the City. Notary Public in and for Alaska My Commission Expires: STATE OF ALASKA ) ss. 4817-1371-2460v.14 0022769-000022 78 444 THIRD TUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this 7Aday of .finer 2018, by John Woodruff, Chief Operating Officer,who executed the foregoing document on behalf of Icicle Seafoods, Inc., a corporation, and affirmed such act to be the free and voluntary act of such corporation for the uses and purposes mentioned in the instrument. . NOTRR�, r + Notary Public�inan��forlasa y o r AU �tC 4 My Commission Expires: 44/&r� t _ 4817-1371-2460v,14 0022769-000022 29 445 EXHIBIT A Copy of Plat No. 96-28 th ."F n � In SO 1 I w c I � � I „ ,, M. 1III .,,.. al S rF t° 4817-1371-2460v.14 0022769-000022 30 446 ASSIGNMENT AND ASSUMPTION OF LKAASE Seward, Alaska (City of Seward—Lots 2A and 3A,Block 2,Plat No. 96-28)) This Assignment and Assumption of Lease ("Assignment") is made and entered into as of the Contribution Date(as such term is defined in the Contribution Agreement defined below), and is by and between Icicle Seafoods, Inc., an Alaska corporation (hereinafter "Icicle") and OBI Seafoods, LLC, an Alaska limited liability company(hereinafter"Assignee"). RECITALS A. Icicle and Ocean Beauty Seafoods LLC, an Alaska limited liability company (hereinafter "OBS") formed Assignee on May 21, 2019 and have executed an Operating Agreement for Assignee (the "Operating Agreement"). B. Icicle and OBS are the sole members of Assignee, and each of Icicle and OBS own fifty percent(50%) of the issued and outstanding membership interests of Assignee. C. IcicIe, OBS and Assignee are parties to that certain Contribution Agreement dated as of substantially even date (the "Contribution Agreement") pursuant to which IcicIe and OBS are,inter alia, contributing certain assets to Assignee and leasing to Assignee certain real property owned by Icicle, OBS or a subsidiary of Icicle. D. The Contribution Agreement also requires Icicle to assign and/or sublease its interest under various leases and agreements to Assignee. E_ Icicle and the City of Seward, a home rule municipality("Lessor"), are the parties named in that certain Amended and Restated Lease Agreement dated July 25, 2018 ("Seward Ground Lease"), the term of which expires on December 31, 2038 subject to two (2) extension options of five (5) years each, a copy of which is attached hereto as Exhibit A. F. Pursuant to Section 12.3 of the Seward Ground Lease, Icicle is not required to obtain the Lessor's prior written consent to this Assignment because OBI is an entity in which Icicle maintains a substantial membership interest. ASSIGNMENT AND ASSUMPTION For and in consideration of the consummation of the transactions specified in the Contribution Agreement and in order to consummate such transactions as required by the Contribution Agreement, Icicle and Assignee enter into and execute this Assignment. 1. Icicle hereby transfers,grants,conveys and assigns to Assignee all of Icicle's rights, title and interest in, to and under the Lease. 2. Assignee hereby accepts the assignment of the Lease and shall be entitled to all of the rights and benefits accruing to the tenant thereunder arising, and hereby fully and forever assumes and agrees to perform any and all of Icicle's obligations, duties, undertakings and Assignment and Assumption of Lease(City of Seward—Lots 2A and 3A, Block 2, Plat No. 96-28)— I 4811-8968-4924v.1 0022769-000026 447 liabilities of any kind whatsoever arising under the Lease on or after the Contribution Date,as fully and completely as if Assignee was the originally named tenant thereunder. 3. Pursuant to the provisions of the Lease, Icicle shall remain liable and responsible to the Lessor under the Lease at all times; provided that nothing in the foregoing statement prohibits Icicle from taking action against Assignee to recover any damages incurred by Icicle after the Contribution Agreement arising from or in any way related to Assignee's nonperformance under the Lease. 4. This Assignment may be terminated by the mutual agreement of the parties at any time. In addition, this Assignment may be terminated at any time by Icicle upon the occurrence of any of the following events: (a) Lessor declares Assignee or Icicle to be in default under the Lease, (b)Assignee fails to make any payment due under the Lease to the party entitled to receive such payment under the terms hereof,(c)the expiration or sooner termination of the Lease without the renewal thereof by Icicle and the Lessor, (d) the dissolution of Assignee, (e) the transfer of Icicle's interest in Assignee, or (f) the occurrence of an event described in the Contribution Agreement or Operating Agreement as one that results in the termination of this or any other real property lease, assignment or sublease between Icicle and Assignee. Upon the termination of this Assignment for reasons other than (c), above, Icicle shall be obligated to perform all duties and obligations, and shall have all the rights as the tenant,under the Lease. 6. This Assignment shall inure to the benefit of, and be binding upon,the respective legal representatives, successors, and assigns of the parties hereto. Capitalized tenors not defined herein shall have the means set forth in the Contribution Agreement. [signatures on following page] Assignment and Assumption of Lease(City of Seward—Lots 2A and 3A, Block 2, Plat 96-28)-2 4811-8968.4924v.1 0022769-000026 448 DoruSign Envelope ID:2F1DOA69-D24D-4883-, ;-F1559F3G4CF7 ICICLE SEAFOODS,INC. OBI SEAFOODS, LLC OocuSigned f - � by: 2ACDOACUSIg ned by: By: � �a(�t,r Y KF3717i 1(f7FC41R By. Name: Glenn B. Cooke Name: Mark Palmer Title: President Title: Chief Executive Officer Date: June 1, 2020 Date: June 1, 2020 Assignment and Assumption of Lease(City of Seward—Lots 2A and 3A,Block 2,Plat No, 96-28)-3 449 After recording in the Seward Recording District, Return to: City of Seward P.O- Box 167 Seward, AK 99664 AMENDMENT TO AMENDED AND RESTATED LEASE AGREEMENT This Amendment to Amended and Restated Lease Agreement ("Amendment") is dated and effective as of the last date of signature set forth below and is by and between the City of Seward, Alaska ("City"), a municipal corporation located in the Kenai Peninsula Borough, State of Alaska whose mailing address is P.O. Box 167, Seward, Alaska 99664, as the lessor,Icicle Seafoods Inc.("Icicle"),an Alaska corporation whose mailing address is P.O. Box 79003, Seattle, WA 98119, as the original lessee, and OBI Seafoods, LLC, ("OBI", and, collectively with City and Icicle, the "Parties"), an Alaska limited liability company, whose address is P.O. Box 70739, Seattle, WA 98127, as the current lessee. This Amendment amends that certain Amended and Restated Lease Agreement dated as of July 25, 2018 ("Lease") made of record by a Memorandum of Amended and Restated Lease recorded on September 6, 2018 as Reception No. 2018-000888-0, records of the Seward Recording District, Third Judicial District, State of Alaska and re-recorded on September 7, 2018, as Reception No. 2019-000895-0, records of the Seward Recording District, Third Judicial District, State of Alaska. WHEREAS, Icicle and the City entered into the Lease pursuant to which the City leased the following legally described land ("Leased Land") to Icicle: Lots 2A and 3A, Block 2, MARINE SUBDIVISION, BLOCK TWO REPLAT, as shown on Plat 96-28, Seward Recording District, Third Judicial District, State of Alaska, consisting of approximately 4.93 acres or 214,804 square feet, more or less (Tax Parcel ID 145-240-15-LHO1); WHEREAS, pursuant to the authority granted to Icicle in Section 12.3 of the Lease, on or about June 1, 2020, Icicle entered into an Assignment and Assumption of Lease ("Assignment") with OBI pursuant to which all of Icicle's rights, duties and obligations set forth in the Lease were assigned to, and assumed by, OBI; 4887-9135-9496v_7 0022769-000022 450 WHEREAS, Section 12.3 of the Lease provides that Icicle remains obligated under the Lease notwithstanding the Assignment; WHEREAS, on or about January 14, 2019, Icicle discovered a leak estimated to contain nine(9)gallons of fuel("Spill")from a fitting on an approximately four hundred(400) gallon above ground storage tank ("AST") which supplied a blend of approximately seventy percent (70%) reclaimed used oil and thirty percent (30%) diesel fuel to two boilers located in improvements on the Leased Land; WHEREAS, Icicle timely reported the Spill to the State of Alaska, Department of Environmental Conservation ("Alaska DEC") and has been working diligently with its consultant, Shannon & Wilson, Inc. ("S&W") to investigate the Spill, clean up the Spill and monitor the impact of the Spill on the Leased Land in accordance with all applicable legal requirements under the oversight of the Alaska DEC; WHEREAS, Alaska DEC has identified the Site as the Icicle Seafoods Seward Facility, Alaska ADEC File 92332.38.051 (the "Contaminated Site"); WHEREAS, Icicle removed the AST and approximately 10 cubic yards of impacted soil as part of its response action,but additional excavation activities were deemed not feasible due to the restricted space and the integrity of adjacent structure foundations,and some portion of the Spill may remain on the Leased Land under the foundation, footings and floor of improvements located on the Leased Land(such portion of the Spill, if any exists, hereinafter the "Residual Contamination"); WHEREAS, the Parties and Alaska DEC recognize the economic inefficiencies created if the Alaska DEC were to require the existing improvements to be destroyed in order to perform more investigation and possible clean-up activities to remove the Residual Contamination on the Leased Land; WHEREAS, in the spirit of cooperation, the Alaska DEC has required an Environmental Covenant complying with Alaska Statute 46.04.300-46.04.390, adopting the Uniform Environmental Covenants Act, recorded on , 2023, as Reception No. 2023- ,records of the Seward Recording District,Third Judicial District, State of Alaska containing institutional controls, including installation of a concrete cap at the Contaminated Site (the"Cap"), restrictions on the use of the ground water, inspection and reporting requirements, and limitations on uses of the Leased Land as an alternative to requiring the improvements to be destroyed in order to determine the existence of the Residual Contamination; WHEREAS, after recordation of the Covenant, the Alaska DEC is expected to designate the Contaminated Site as "Cleanup Complete with Institutional Controls"; and 2 4887-9135-9496v 7 0022769-000022 451 WHEREAS, the Parties wish to enter into this Amendment for the purposes of evidencing their consent to the recordation of the Covenant and to allocate the responsibilities set forth in the Covenant. NOW,THEREFORE,for and in consideration of the mutual promises and covenants hereinafter contained,the Parties agree as follows: I. The City, as the owner of the Leased Land, executed the Covenant as the Grantor, and OBI, as the current lessee, executed the Covenant as a holder. Because Icicle remains obligated under the Lease notwithstanding the Assignment, Icicle executed the Covenant as an additional Holder. Icicle is recording the fully executed Covenant in the records of the Seward Recording District, Third Judicial District, State of Alaska immediately prior to the recordation of this Amendment. icicle shall provide a conformed copy of the recorded Covenant to the City, OBI and the Alaska DEC not more than ten (10)business days after the Covenant is recorded. 2. If the Alaska DEC requires the State of Alaska, Department of Revenue ("Alaska DOR")to subordinate the deed of trust granted to the Alaska DOR to secure Icicle's obligations to pay fish related taxes assessed under Title 43 of the Alaska Statutes,which deed of trust was recorded in the Seward Recording District on December 15, 2015 as Reception No.2015-001368-0 and amended by instrument recorded on December 17,2015 as Reception No. 2015-001378-0, Icicle shall be responsible for obtaining such subordination or otherwise resolving the issue of priority to the satisfaction of the Alaska DEC and the Alaska DOR. OBI and the City hereby consent to the recordation of any documents related to resolve the priority issue between the Alaska DEC and the Alaska DOR. 3. Except as set forth in this Section 3, Icicle is responsible for the performance of all obligations set forth in the Covenant that are stated to be a duty of the City, OBI or both, and Icicle shall remain responsible for such performance notwithstanding the termination of the Lease. So long as OBI is operating the facility located on the Leased Land, OBI agrees to (i)cooperate with Icicle and all consultants hired by Icicle to perform the obligations set forth in the Covenant, (ii) allow Icicle and all consultants hired by Icicle to have access to the Leased Land as necessary to perform the duties and obligations set forth in the Covenant, (iii) post signs provided by Icicle at each end of the concrete cap setting forth the telephone number of Icicle and a request for persons to call that number when damage to the Cap is noticed, and (iv) inspect and annually provide Icicle with photos of the signs and Cap taken during the fourth quarter of each calendar year. The City agrees to release Icicle from the obligations set forth in this Amendment upon the first to occur of the following: (a) the specific and express assumption of Icicle's obligations described in this Amendment by a lessee other than Icicle in the form of an amendment to the Lease, 3 4887-9135-9496v.7 0022769-000022 452 a modification to the Lease, an amendment and restatement of the Lease, a new lease, or an agreement comparable to any of the foregoing; or (b) the Alaska DEC's agreement to terminate the Covenant evidenced by the recordation of a termination or similar document in the official records of the Seward Recording District, Third Judicial District, State of Alaska. 4. The Parties acknowledge and agree that if the improvements located on the Leased Land that currently prevent Icicle from investigating and, to the extent necessary, remediating the Residual Contamination are ever destroyed before the occurrence of the conditions set forth in Section 3(a) or Section 3(b), above, and such destruction allows the economically feasible investigation and, to the extent necessary, remediation of the Residual Contamination to meet applicable cleanup levels, Icicle will obtain the permission of the City and the current lessee of the Leased Land (which permission shall not be unreasonably withheld, conditioned or delayed), investigate the Residual Contamination as Icicle deems reasonable and necessary, and, if economically feasible, remediate the Residual Contamination to meet applicable cleanup levels. Icicle shall request a termination of the Covenant from the Alaska DEC upon completion of the foregoing activities. 5. The City hereby consents to Icicle's construction of an impermeable cap in the form of a concrete slab on a portion of the Leased Land at a location approved by the Alaska DEC. 6. Any and all reports any party provides to the Alaska DEC in connection with the activities described in this Agreement shall also be provided to the other parties hereto at substantially the same time so long as any such party is an owner, lessee or occupant of the land. 7. The occurrence of the Spill or the existence of the Residual Contamination or the recording of the Covenant shall not be taken into account when an appraiser calculates the Fair Market Rental Value pursuant to the provisions of Article 3 of the Lease for purposes of Rental Adjustments. 8. Nothing in this Amendment modifies Icicle's or OBI's obligations under Article 7 and Article 4.2(a) and Article 19 of the Lease with respect to the Spill. 9. Except as set forth in this Amendment, the Lease, as assigned, remains in full force and effect- [signatures on following page] 4 4887-9135-9496v.7 0022769-000022 453 IN WITNESS WHEREOF,the parties hereby have sent their hand and seals the dates herein set forth. CITY OF SEWARD ATTEST: By: By: Norm Regis, Interim City Manager Brenda Ballou, City Clerk Date: STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this day , 2023 by Norm Regis, Interim City Manager of the City of Seward, Alaska on behalf of the City. Notary Public in and for Alaska My Commission expires: 5 4887-9135-9496v.7 0022769-000022 454 ICICLE SEAFOODS, INC. By: —(; , XAQ Name: C.OoreA4acKinnon Title: Chief Legal Officer Date: May 19,2023 PROVINCE OF NEW BRUNSWICK ) ss. The foregoing instrument was acknowledged before me this I day of , 2023 by rojr-% L;�.�.� , the '�Cj' c _ of Icicle Seafoods, Inc. on behalf of the corporation. 111u�lpi Notary Public ir��, �1 LtQ�l ,nswick Residing at: �, My Commis 'psi 4 ti PUBLIC !!/11VI171/iNt� 6 4887-9135-9496v 7 0022769-000022 455 OBI SEAFOODS, LLC Name: Title: Date: STATE OF WASHINGTON ) ss. COUNTY ) The fore oing instrument was acknowledged before me this `� day of �+ , 2023 by -yUv\ V2o5S , the of OBI Seafoods, LLC on behalf of the limited liability company. Notary Public ' and for Washington Residing at: q 00 � '- My Commission expires: i ASHLEY R. MILLER NOTARY PUBLIC STATE OF WASHINGTON I License Number21006569 MY Commission Expires 01/15/2025 4887-9135-9496v.7 0022769-000022 456 After Recordin2 in the Seward Recording District,Return to: City of Seward P.O. Box 167 Seward, AK 99664 Attention: City Attorney TI S RI W SEC 3 SEWARD MERIDIAN ENVIRONMENTAL COVENANT Grantor: City of Seward P.O. Box 167 Seward, AK 99664 Grantees: OBI Seafoods, LLC ("OBI") /Holders P.O. Box 70739 Seattle, WA 98127 Icicle Seafood, Inc. ("Icicle") P.O. Box 79003 Seattle, Washington 98119 Check the following. X Original Covenant Amendment of Covenant RECITALS I. This document is an environmental covenant (hereafter "Covenant") executed pursuant to AIaska Statute (AS) 46.04.300-46,04.390, the Act adopting the Uniform Environmental Covenants Act(hereafter, "the Act")and Title 18 of the Alaska Administrative Code (AAC) 75.325-390, Site Cleanup Rules, II. This Covenant subjects the Property to certain activity and use limitations and requires the Grantor to comply with those limitations as set forth herein and in accordance with the Act. The applicable activity and use limitations are described in this Covenant and are necessary to protect human health, safety, welfare or the environment and to ensure the integrity of the cleanup remedy conducted at the site. 4864-0423-9336v.6 0022769-000022 457 Environmental documents pertaining to the cleanup are available from the Alaska Department of Environmental Conservation (ADEC or"Department") at the Contaminated Sites Program Website at htt ://dee.alaska.2ov/s ar/eS /. III. The Property that is the subject of this Covenant is part of all of a site commonly known as: ADEC Site Name: Icicle Seafoods Seward Facility ADEC Hazard ID: 27085 Site Address: 601 Port Avenue, Seward, AK 99664 This Property is situated in Seward, Alaska, and shown on the site map attached as Appendix A, and legally described as: Lots 2A and 3A, Block 2, MARINE SUBDIVISION, BLOCK TWO REPLAT, as shown on Plat 96-28, Seward Recording District, Third Judicial District, State of Alaska, consisting of approximately 4.93 acres or 214,804 square feet, more or less (Tax Parcel. ID 145-240-15-LHO1). The Property has been leased to Icicle for many years, most currently under the terms set forth in an Amended and Restated Lease Agreement dated as of July 25, 2018 (the "Lease"). The Lease was made of record by a Memorandum of Amended and Restated Lease recorded on September 6, 2018 as Reception No.2018-000888-0,records of the Seward Recording District, Third Judicial District, State of Alaska and re-recorded on September 7,2018 as Reception No.2018-000895-0,records of the Seward Recording District, Third Judicial District, State of Alaska. Pursuant to Section 12.3 of the Lease, on or about June 1, 2020, Icicle entered into an Assignment and Assumption of Lease ("Assignment") with OBI pursuant to which all of Icicle's rights, duties and obligations set forth in the Lease were assigned to,and assumed by, OBI. Section 12.3 of the Lease provides that Icicle remains obligated under the Lease notwithstanding the Assignment, and Icicle further retained all responsibilities related to the environmental response project described in this Covenant pursuant to separate agreements with OBI. OBI is the current occupant of the improvements located on the Property and operates the fish processing facility located thereon. IV. The Property is the subject of an environmental response project under the site cleanup rules (18 AAC 75.325-18 AAC 75.390), underground storage tank regulations (18 AAC 78), federal Comprehensive Environmental Response Compensation and Liability Act(CERCLA) or federal Resource Conservation and Recovery Act (RCRA). This Covenant is required because following completion of a cleanup, residual contamination remains on the Property that is safe for some, but not all, activities and uses. Residual contamination remaining on the Property includes the following hazardous substances, pollutants, or contaminants: 2 4864-0425-9336v.6 0022769-OC-0022 458 Media Contaminants Soil Gasoline Range Or anie.r (GRO) Diesel RCtnge Organics(DRO) Residual RLcnge Organics (RRO) Bentiene Toluene EthylbmZene Xylenes 1,2,4-Trimethylben_Zene 1,3,5-Tramethylbenj�ene 1,2-Dibromoethane Tetrachlomethene Naphthalene 1-Metlylnaphthalene 2 Metbylnaphthalene V. The Department enters into this Covenant as a "department" under the Act, with all attendant rights of a "department" under the Act, which include but are not limited to having a right to enforce this Covenant. This is not an ownership interest and the rights of ADEC under the Act are not an interest in real property. VI. For purposes of indexing in the Recorder's office Grantor-Grantee index only, City of Seward shall be considered the Grantor, and Holders shall be considered the Grantees. COVENANT City of Seward, as Grantor, hereby grants to the Holders and their respective successors and assigns, the following covenants and declares that the Property as described in the Iegal description above shall hereinafter be bound by, held, sold, and conveyed subject to the following requirements set forth in paragraphs I through XVIII, below, which shall run with the Property in perpetuity and be binding on the Grantor and all parties now or subsequently having any right, title, or interest in the Property, or any part thereof, and any persons using the land, as described herein. I. Summary of Environmental Actions Site Description and Back round The Icicle processing plant is located on the north shoreline of the Seward boat harbor in Resurrection Bay. The complex is comprised of multiple individual structures covered by connecting roofs. Fill and a sheet pile wall form a bulkhead along the shoreline providing an area for a dock and paved operations yard between the complex and boat harbor. Port Avenue runs east-west along the north side of the complex. An aboveground storage tank(AST) spill occurred near the center of the 3 4864-0425-9336v.6 0022769-000022 459 complex in a narrow alleyway between the Old Boiler Room and Bait Holding Freezer structures. Site plans are included as Figures 1 and 2. A leak of approximately 9 gallons was discovered on January 14, 2019, from a fitting on an approximately 400-gallon AST. The AST reportedly supplied a blend of 70 percent reclaimed used oil and 30 percent diesel fuel to two boilers in the Old Boiler Room. The 400-gallon AST acted as a day tank and was supplied by two 10,000-gallon bulk ASTs. Icicle reported the spill to ADEC on January 16, 2019. Characterization and Cleanup Activities. The 400-gallon AST was removed from the location of the leak on January 16, 2019, and approximately 10 cubic yards of impacted soil were excavated using hand tools. The resulting excavation measured approximately 28 feet long and 3 feet wide as shown on Figure 2 and extended up to approximately 3 feet below ground surface (bgs). Additional excavation activities were deemed not feasible due to the restricted space and the integrity of adjacent structure foundations. A limited release investigation was conducted on January 28, 2019. The objectives of the limited release investigation were to conduct a site reconnaissance to document the spill response efforts, characterize the soil remaining in place at the location of the release, and characterize the excavated soil for disposal. Analytical soil samples, collected from the limits of the excavation, contained concentrations of gasoline range organics (GRO), diesel range organics (DRO), residual range organics (RRO), eight volatile organic compounds (VOCs), three polynuclear aromatic hydrocarbons (PAHs), and arsenic greater than the applicable ADEC cleanup levels. The analytical sample collected from the south sidewall did not contain concentrations of target analytes greater than the ADEC cleanup levels. The extent of the contamination after the limited release investigation remained undefined both vertically and laterally. Groundwater was not encountered during this sampling event. On February 6, 2019, the ADEC issued a potentially responsible party (PRP) letter requesting an interim report regarding a path forward to address the size and type of contamination, as required under IS Alaska Administrative Code (AAC) 75.300(d). In response to the letter, additional site characterization activities were performed to evaluate the vertical and lateral extent of the contamination at the AST spill location. The field activities consisted of advancing seven soil borings, installing seven groundwater monitoring wells, collecting soil and groundwater samples, and collecting an indoor air sample. Results of the June 2019 characterization activities showed GRO, DRO, RRO, VOC, and PAH contamination in soil that exceeded ADEC cleanup levels in Boring MWl and MW3. Groundwater samples were collected from the seven monitoring wells. Results of the June 2019 groundwater sampling showed naphthalene and 1,2-dibromoethane concentrations exceeded the ADEC cleanup levels in the sample from Monitoring Well MW l positioned at the former AST location. The concentrations of compounds detected in the indoor air sample did not exceed the ADEC commercial indoor air target levels. 4 4864-0425-9336Y 6 0022769-000022 460 Groundwater samples were collected from the seven wells at the site in September 2019 and October 2020. Analytical results from the September 2019 and October 2020 sampling events show that groundwater is not impacted with GRO, DRO, RRO, VOCs, or PAH concentrations greater than the ADEC cleanup levels. Contaminants of Concern. During the site characterization and cleanup activities conducted at the site, soil and groundwater samples have been analyzed for GRO, DRO, RRO, VOCs, and PAHs. Soil samples were also analyzed for polychlorinated biphenyls (PCBs) and metals (arsenic, cadmium, chromium, lead, and mercury). Analytical soil and groundwater results were compared to the ADEC Method Two Migration to Groundwater and Human Health Cleanup Levels (CULs) for the over 40-inch precipitation zone, established in 18 AAC 75.341(c), Table B 1, and 18 AAC 75.341(d), Table B2 and the groundwater CULs established in 18 AAC 75.345, Table C, respectively. The following contaminants were detected above the applicable cleanup levels and are considered Contaminants of Concern (COCs): • GRO (soil) • DRO (soil) • RRO (soil) • Benzene (soil) • Toluene (soil) • Ethylbenzene (soil) • Xylenes (soil) • 1,2,4-Trimethylbenzene (soil) • 1,3,5-Trimethylbenzene (soil) • 1,2-Dibromoethane (soil and groundwater) • Tetrachloroethene (soil) •Naphthalene (soil and groundwater) • 1-Methy]naphthalene (soil) • 2-Methylnaphthalene (soil) Arsenic was detected above the applicable cleanup level in soil. The reported concentrations were consistent with background levels present within the Seward area; therefore, arsenic is not considered a COC. Extent of Contamination. Data suggests the extent of impacted soil is presently confined to the vicinity of the former AST as shown in Figure 2. The lateral extent of the soil contaminant plume appears to be limited to the area directly beneath the release site. Borings positioned to the north, west, east, and south of the release site had no detected concentrations of contaminants except for RRO at a concentration less than CULs in the boring to the north. Headspace screening and analytical soil sample results indicate the vertical extent of the soil contamination extends to the groundwater table; however, groundwater in the vicinity of the release site is not impacted based on the results of two 5 4864-0425-9336v,6 0022769-000022 461 consecutive monitoring events. The maximum remaining contaminant concentrations in soil and groundwater are shown in Table 1. Exposure Pathways. Potential exposure pathways and descriptions of site-specific considerations that increase or decrease the viability of each pathway at the site are provided below. The site is located in a commercial/industrial area therefore residents arc not considered viable current or future receptors. It is also recognized that changes in the site use or other site conditions may affect the viability of potential exposure pathways. In particular, the exposure pathways will need to be re-evaluated and revised as necessary if construction occurs at the site or a change in land use occurs. Soil—Direct contact with impacted soil comprises the incidental ingestion and dermal absorption exposure routes. Because contaminated soil remains on site within 15 feet of the ground surface, the direct contact exposure pathway (both incidental ingestion and dermal absorption) is considered complete for future site visitors, trespassers, commercial/industrial workers, and construction workers. The exposure pathway is partially mitigated by the presence of clean soil backfill and the concrete floor slabs of the structures adjacent to the narrow alleyway. Groundwater-ADEC guidance stipulates that ingestion of groundwater be considered a potentially complete exposure pathway unless a groundwater use determination is conducted in accordance with 18 AAC 75.350, and that determination finds that the groundwater is not "a reasonably expected future source of drinking water."A groundwater use determination has not been performed; therefore, ingestion and inhalation of volatile compounds in groundwater are potentially complete exposure pathways for future site visitors, trespassers, commercial/industrial workers, and construction workers. One groundwater sample from June 2019 contained volatile contaminant concentrations, including naphthalene, above the cleanup levels. Contaminant concentrations did not exceed the cleanup levels in September 2019 and October 2020. Air - The outdoor inhalation pathway is potentially complete due to the presence of VOCs in soil within 15 feet bgs. However, the outdoor air exposure pathway is partially mitigated by the limited extent of the soil contaminant plume beneath the central area of the processing plant complex. The inhalation of indoor air exposure pathway is also potentially complete due to the presence of the VOC-impacted soil directly beneath the processing plant complex. To evaluate the risk of this pathway, a 24-hour indoor air sample was collected from the space immediately above the release location in September 2019. The measured concentrations of VOCs were less than the ADEC commercial indoor air target levels. Surface Water- The processing plant is located on the north shoreline of the Seward boat harbor in Resurrection Bay. Groundwater beneath the site flows to the south- southeast towards the Seward boat harbor. Groundwater samples collected from 6 4864-0425-9336v.6 0022769-000022 462 between the release location and the harbor did not contain elevated levels of contaminants; therefore, the surface water exposure pathway is not currently complete. Other- Other impacted media, including sediment and biota, were not identified at the site. Summary. Currently complete and potentially complete exposure pathways have been identified at the site. The direct contact soil exposure pathway is considered partially mitigated based on the presence of a clean backfill soil cap and concrete floor slab. Further, analytical samples of indoor air and groundwater were collected to evaluate if these pathways were currently complete. The September 2019 results indicate that contaminants in these pathways are below action levels. Future construction involving excavation in the vicinity of the fuel release has the highest potential to expose the remaining contaminants to humans and the environment. II. Activity and Use Limitations By acceptance and recordation of this Environmental Covenant, the Grantor, and any successors in interest, are hereby restricted from using the Property, now or at any time in the future, as specifically set forth below: 1. Excavation, drilling, and other intrusive activities below a depth of 2 feet within the area of remaining soil contamination are prohibited, without prior review and approval from ADEC. 2. The cap (2 feet of clean soil and concrete pad) shall be inspected annually and maintained as needed to prevent contact with subsurface contaminated soil, and/or infiltration of water and potential leaching of contaminants. Any damage to the cap shall be reported to ADEC within ten (1.0) days after discovery and shall be promptly repaired. Documentation of the repairs shall be submitted to ADEC within 30 days. 3. In the event that the remaining contaminated soil becomes accessible in the future due to the building being removed, the landowner shall notify ADEC and characterize and, if determined necessary, cleanup the soil. 4. ADEC must be notified in advance of the subdivision or replat of the Property associated with these activity and use limitations. This covenant must be included as part of future property transactions and attached to subsequent associated parcels, as determined applicable by ADEC. 5. ADEC approval is required prior to moving any soil or groundwater off site where contamination remains above applicable cleanup levels. A "site" as 7 4864-0425-9336v.6 0022769-000022 463 defined by [18 AAC 75.990 (1 15) or 18 AAC 78.995(134)] means an area that is contaminated, including areas contaminated by the migration of hazardous substances from a source area, regardless of property ownership. In the future, if soil will be excavated or groundwater will be brought to the surface (for example to dewater in support of construction) it must be characterized and managed following regulations applicable at that time and ADEC approval must be obtained before moving the soil or water off the Property. 6. Movement or use of contaminated material in a manner that results in a violation of 18 AAC 70 water quality standards is prohibited. 7. Groundwater throughout Alaska is protected for use as a water supply for drinking, culinary and food processing, agriculture including irrigation and stock watering, aquaculture, and industrial use. Contaminated site cleanup complete determinations are based on groundwater being considered a potential drinking water source. In the event that groundwater from this site is to be used for other purposes in the future, such as aquaculture, additional characterization and treatment may be required to ensure the water is suitable for its intended use. III. Site Figures The attached Figures I and 2 are site plans drawn to approximate scale that show the locations of existing structures and the approximate location and extent of remaining soil contamination which is subject to the activity and use limitations described above. IV. Conveyance of Interest The Grantor, when conveying any interest in any part of the Property, including but not limited to title, easement, Ieases, or other interest, must notify ADEC at least 30 days prior to conveyance, and must include in any conveyance document a complete copy of this Covenant. V. Successors The covenants, terms, conditions, and restrictions of this instrument shall be binding upon, and inure to the benefit of the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Property. The term "Grantor," wherever used herein, and any pronouns used in place thereof, shall include the persons and/or entities named at the beginning of this document, identified as "Grantor" and their personal representatives, heirs, successors, and assigns. The term "Grantee," wherever used herein, and any pronouns used in place thereof, shall include the persons and/or entities named at the beginning of this document, identified as 8 4864-0425-9336v_6 0022769-000022 464 "Grantee" and their personal representatives, heirs, successors, and assigns. The rights of the Grantee under this instrument are freely assignable, subject to the notice provisions hereof. VI. Prior Notification for Changes-in Land Use including Proposed Construction The Grantor shall provide prior notification to the Department of proposed changes in use of, applications for a building permit for activities that may affect exposure to contaminants on, or proposals for any site work affecting the contamination on,the Property subject to this covenant. VII. Notices and Reporting Icicle Seafoods, Inc. shall report to ADEC every five (5) years to document the status of compliance with the activity and use limitations described in this covenant. Such notice and the reports should be sent to the ADEC at: Alaska Department of Environmental Conservation Division of Spill Prevention and Response Contaminated Sites Program Attention: Institutional Controls Unit P.Q. Box 111800 Juneau,AK 998 1 1-1 800 Or be submitted electronically to CS.Submittals@alaska.gov. VIII. Authorizations Grantor shall restrict authorizations, including leases, for any portion of the Property to uses and activities consistent with this Covenant and notify all authorized users of the restrictions on the use of the Property. IX. Access The Department, including its authorized employees, agents, representatives and independent contractors, shall have the right of access to the Property granted in connection with implementation or enforcement of this covenant. X. Enforcement The Department and other parties, including parties to the environmental covenant, described in AS 46.04.335 are empowered to administer and enforce the terms of this 9 4864-0425-9336v.6 0022769-000022 465 covenant using civil authority granted to them in AS 46.03. In addition,the department may use administrative authority granted to it in AS 46.03. XI. Waiver of Certain Defenses This Environmental Covenant may not be extinguished, limited, or impaired through issuance of a tax deed, foreclosure of a tax lien, or application of the doctrine of adverse possession, prescription, abandonment, waiver, lack of enforcement, or acquiescence, or similar doctrine as set forth in AS 46.04.325(o. XII. Representations and Warranties Grantor hereby represents and warrants to the ADEC, Holder(s), Grantor(s) and any other signatories to this Environmental Covenant that, at the time of execution of this Environmental Covenant, that the Grantor is lawfully seized in fee simple of the Property, that the Grantor has a good and lawful right and power to sell and convey it or any interest therein, that the Property is free and clear of encumbrances, except those noted on Appendix S attached hereto. XIII. Amendment or Termination This Covenant runs with the land and is perpetual, unless amended or terminated pursuant to AS 46.04.330. Except as to the ADEC, all Holders and other signers waive the right to consent to an amendment or termination of the Environmental Covenant. This Environmental Covenant may be amended or terminated by consent only if the amendment or tennination is signed by the ADEC and the current owner of the fee simple of the Property, unless waived by ADEC. If Grantor no longer owns the Property at the time of proposed amendment or termination, Grantor waives the right to consent to an amendment or termination of the Environmental Covenant. XIV. Controlling Law This Environmental Covenant shall be construed according to and governed by the laws of the State of Alaska. XV. Liberal Construction Any general rule of construction to the contrary notwithstanding, this instrument shall be liberally construed in favor of the establishment of activity and use limitations that run with the land to effect the purpose of this instrument and the policy and purpose of the environmental response project and its authorizing legislation. If any provision of this instrument is found to be ambiguous, an interpretation consistent with the purpose of this 10 4864-0425-9336v.6 0022769-000022 466 instrument that would render the provision valid shall be favored over any interpretation that would render it invalid. XVI. Joint Obligation If there are two or more parties identified as Grantor herein, the obligations imposed by this instrument upon them shall be joint and several. XVII. Effective Date This Environmental Covenant is effective on the date it is recorded with the appropriate Alaska recorders' office. XVIII.List of Appendices Appendix A—Table 1: Maximum Remaining Contaminant Concentrations in Soil and Groundwater Appendix B Figures 1 and 2: Map of the Property and Diagram showing location of the Contamination Appendix C —List of Recorded Encumbrances or Limited Liability Report [signatures on following pages] 11 4864-0425-9336v_6 0022769-000022 467 CITY OF SEWARD ATTEST: By: By: Norm Regis, Interim City Manager Brenda Ballou, City Clerk Date: STATE OF ALASKA ) ss. THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this day of 2023 by Norm Regis, Interim City Manager of the City of Seward, Alaska on behalf of the City. Notary Public in and for Alaska My Commission expires: 12 4964-0425-9336v.6 0022769-000022 468 ICICLE SEAFOODS, INC. By: Name: C. Corey Mac 'neon Title: Chief Legal Officer Date: May 19,2023 PROVINCE OF NEW BRUNSWICK ) ss. The foregoing instrument was acknowledged efore me this day of c 2023 by c , the .. C i ��� ���, of cicle Seafoods, Inc. on behalf of the corporation. Not Publi in a car NeTARYnai$tAT, Residing at: 1 ' My Commission i&pjres It ''I�fj����j/�RU,�u��►3+''� 13 4864-0425-9336v.6 0022769-000022 469 OBI SEAFOODS, LLC F Name: ��r Title: Date: STATE OF WASHINGTON ) I� COUNTY ) The foregoing instrument was acknowledged before me this 14 day ti , 2023 by ,, s S the � of OBI Seafoods, LLC on behalf of the limited liability company, ASHLEY R. MILLER Notary Public iiy"and for Washington NOTARY PUBLIC STATE OF WASHINGTON Residing at: uw L License Number 21006569 My Commission expires: My commission Expires 01115/2025 14 4864-0425-9336v.6 0022769-000022 470 Appendix A—Table 1: Maximum Remaining Contaminant Concentrations in Soil and Groundwater [See following] 15 4864-0425-9336v.6 0022769-000022 471 APPENDIX A Table ' C lIc)M)1._Vell coil- Grnurrdwater- Suil-NITG Soil-Llatuan Maximum Ground-tvr- Maximm u CUL* llealth CUI.* Remaining, CUL** Remaining^^ Pa;CAr"ter f-WKg) (rnglhg) (mglKg) (mgfl.) (mgll.) Gasoline Range Organics(G RO) 2 IAM 1.4I0J+ __ -_li l00l3 Diesel Range Organics(DRO) 230 12,50i1 19,7,no Ji 1.5 0 34,�.I Residual Range(A�gnnics(R RO) 9-700 22,0(1() 61_. 00 I.I 0 6W,H Volatile Organic Cumpuuuds(VOCs) Benzene 0.022 8.P 5,06 0.0046 ND Toluene 6.7 200 378 l,l ND Cthylbenzene 0.13 35 4ti.5 UA15 ND Xylency{tounl) 1.5 57 262 0.19 ND 1?4-Trhnelhylbeozene 1)(It 43 46.4 C,056 VI) 1,2-Dibmmoethane 000024 0.31 &USJ+ 1)(1011075 ND 1.3,5-Trimethylbenzene 0.66 37 14.5 0.060 NI) 4-Isupropyltutucnc - - 5.88 ND Acelonc 3> 65.000 1.82 14 ND lsnpropylhenzene(C'umene) 5.6 54 3.74 0.45 ,ND n-Butylben7ene 13 20 128 1 ND ❑-Pmpylbeuzcnc 9,1 52 8.06 0.66 ND sc't:-i3utylbenzene 42 28 2_77 2 ND Ietmchlorocthcnc(PeL.) 0.19 68 13R 0,041 NO Dichlorodifluorumethane 3.9 110 ND 0200, 0.00033b.! Other VOC Analyze% Various Variorra ND Vatious ND 1'o1}rrucic;v Aromatic I lydrecarbons(PA I J i I-Methylnaphthalene 041 68 15.6 0.01 I ND 2-Methyinaphthalenc 1.3 250 22.3 0.036 ND Acenaphth,ne 17 3,800 0?1 1 1 r 0.530 NI) Fluorcnc .16 1.500 0.7691 029 ND Naphthalene 0038 20 13.3 0.0017 ND Phcnanducuc 39 1.900 0.8721, 0,170 N!) pwcuc 87 1900 0.273 0.120 ij Other PAIl.Anal}tce: Various Various ND Valium PolychlorinatedBiphenyls(PCB%) n a 1.0 ND 0AM144Metals Arsenic 0.20 7.2Z (}00052 Cadmium 91 76 <{1201Chruntiwn 100,000 100.000 43.7 22 Lead Ira4110 2?Mercun 0.36 3.1 0.OG13 000052 Notcs: " =Snil cleanup level(CUL)is the migration togroundwatcr(M'10)and Ilurntan I lcalrh Mcthnd'iwo level listed in -Cable 131 or B2,18 AAC 75(November 2020),for the"over 40 inches(precipitation,zone" d° =Groundwater CUL are listed rn'hable C,18 AAC 75.345(November 2020) -111c most rccert I,�il analytical data for target analytes from 2019 site characterization and cicamrp sampling -The mtc<r I III oondwater analytical data from the Clctober 2020 sampling event lug kg =Milligrae. rng L =Milligram •,. u J =An:th't :oacrutranot'cstnitatcd at less than the limit ofquantitatiou J r -Anm:,,-c-r,;entration possibly hissed high ND -AnalVte nod detected -0.606 13 =Analytc cuucc'titrnion estimated as less than 0,606 one,L duc ro a method ur trip blank dutedion 5.06 -Analyze conceriration exceeds ibe soil MTC CUL 6 _Analyre concentration exceeds the soil M'CC and Human Health CUL 16 4864-0425-9336v.6 0022769-000022 472 Appcndix B —Figures 1 and 2; Map of the Property and Diagram showing location of the Contamination APPENDIX B,page i of 2 iApproximate Parcel I D 14524015 Property Bourx1ary -Map adapted tram aerial Imagery provided by Gaogie Earti,Pro reproducetl by pe—son granled try Goggie Eadh Mapping Serve imagery dAW April I6,20££ -Abu.glound sloraga tank spoil located il5ide existing Wilding 601 Porl Avenue Srwartl,Alaska 39Q SITE PLAN .nvvra�xiixa.[�5 .I1I Lt. Ailgus[2C21 £C2617-005 EpI = MIA OM 6 WILSON,INC. Fig ' 17 4864-0425-9336v.6 0022769-000022 473 APPENDIX B,Page 2 of 2 LEGEND 5F Apwoxii ate lccahon I Boning and 14onilonn3 Wet M W I MW l inalalled by Shannon&wld5on,Inc.In June 2010, #6MW3 Ffe9zer 43 s} Freezer Back Dock Trurk Loading Dock_ 10.GMGallon p4 Hcleing Aw—grcund Slarage Tanks _,1 Estimated Earent of Sod Contamination New Bailer Raom I _ — MW2 Fcrmer_oceticn of I -4B0-galon AST Ff er x2 DM Bcller Room Approximate Lands of 0.7W4 —1 i `Bait January 2019 Excavation Molding Truck Loading Dock I Cannery C c 2 F <er Engna Raom mzi I y MW6 I li rMW7 [ Cold Slarage �MW5 Appinkimare 9-0water low dV tlicn Shorekne Shoot Piling Nch 601 Port Avenue Resu—L-Bay Seward.Alaska DETAILED SITE PLAN 1..�. Augu6r 2021 102617-D05 wrrrsovinare ocn�e in veer ���� O�SHANNONd WILSdN.f INC. Fig.2 10 4864-0425-9336v,6 0022769-000022 474 Appendix C—List of Recorded Encumbrances or Limited Liability Report [See following] 19 4864-0425-9336v.6 0022769-000022 475 . + First American Limited Liability Report ISSUED BY First American Title Insurance Company Limited Liability Report RE.onRT NUMBER 4064134 File No.:0229-gp64134 Ref No,: To:Davis Wright Tremaine LLP Attn:Angie Black 188 West Northern LTS Boulevard,Suite 1100 Anchorage,AK 99503 Limitation of Liability for Informational Reocrt IMPORTANT-READ CAREFULLY: THIS REPORT IS NOT AN INSURED PRODUCT OR SERVICE OR A REPRESENTATION OF THE CONDITION OF TITLE TO REAL PROPERTY. IT IS NOT AN ABSTRACT,LEGAL OPINION,OPINION OF TITLE,TITLE INSURANCE COMMITMENT OR PRELIMINARY REPORT,OR ANY FORM OF TITLE INSURANCE OR GUARANTY, THIS REPORT IS ISSUED EXCLUSIVELY FOR THE BENEFIT OF THE APPLICANT THEREFOR,AND MAY NOT BE USED OR RELIED UPON BY ANY OTHER PERSON. THIS REPORT MAY NOT BE REPRODUCED IN ANY MANNER WITHOUT FIRST AMERICAN'S PRIOR WRITTEN CONSENT, FIRST AMERICAN DOES NOT REPRESENT OR WARRANT THAT T-i- INFORMATION HEREIN IS COMPLETE OR FREE FROM ERROR,AND THE INFORMATION HEREIN IS PROVIDED WITI:OUT ANY WARRANTIES OF ANY KIND,AS-IS, AND WITH ALL FAULTS. AS A MATERIAL PART OF THE CONSIDERATION GIVEN IN EXCHANGE FOR THE ISSUANCE OF THIS REPORT, RECIPIENT AGREES THAT FIRST AMERICAN's SOLE LIABILITY FOR ANY LOSS OR DAMAGE CAUSED BY AN ERROR OR OMISSION DUE TO INACCURATE INFORMATION OR NEGLIGENCE IN PREPARING THIS REPORT SHALL BE LIMITED TO THE FEE CHARGED FOR THE REPORT. RECIPIENT ACCEPTS THIS REPORT WITH THIS LIMITATION AND AGREES THAT FIRST AMERICAN WOULD NOT HAVE ISSUED THIS REPORT BUT FOR THE LIMITATION OF LIABILITY DESCRIBED ABOVE. FIRST AMERICAN MAKES NO REPRESENTATION OR WARRANTY AS TO THE LEGALITY OR PROPRIETY OF RECIPIENT'S USE OF THE INFORMATION HEREIN, Farm 5022702(7-1-14) Page 1 of 4 Limited Liability Report(Rev.9-1-11) 20 4854-0425-9336v.6 0022769-000022 476 File No.0229-4064134 Effective Date:May 15,2023 at 8:00 am Fee:$255.00 Title is vested in: The City of Seward,a municipal Corporation organized under and operating pursuant to the laws of the State of Alaska The land referred to in this Report is situated in the State of Alaska and is described as follows: Lot 2A,Block 2,MARINA SUBDIVISION,BLOCK TWO REPLAT,according to the official plat thereof,filed under Plat Number 9628,Records of the Seward Recording District,Third Judicial District,State of Alaska. The title to the herein described land is subject to the matters shown as exceptions herein,which exceptions are not necessarily shown in order of their priority. EXCEPTIONS 1- Reservations or exceptions in patents or in acts authorizing the issuance thereof. 2. Taxes and/or Assessments due The Kenai Peninsula Borough for the year 2023,are a lien, but levy therefore has not been made. Tax Account No., 145240I5 Land Valuation: $1,625,500.00 Improvements: $0.00 Exemption(s): Possible exemptions.Contact The Kenai Peninsula Borough at (907)714-2304. NOTE:Said values have not been certified by The Kenai Peninsula Borough as of this date. 3. Taxes and/or Assessments due The Kenai Peninsula Borough for the year 2022,(Property Tax Division 907-714-2304;Assessment Department 907-714-2230): Tax Account No.: 14524015 Levied Amount: $0-00(Municipal) Balance Due: $0.00 Due Date: 1st half September 15th and 2nd half November 15th Qr entire Amount due October 15th Land Valuation: $1,625,500.00 Improvements: $0,00 4. Rights of the public and of governmental bodies in and to that portion of the premises herein described lying below the high and low water mark of Seward Harbor/Resurrection Bay. 5. Any prohibition or limitation on the use,occupancy or improvements of the land resulting from the right of the public or riparian owners to use any waters which may cover the land or to use any portion of the land which is now or may formerly have been covered by water, 6. Any adverse claim based upon the assertion that some portion of said land is tide or submerged lands,or has been created by artificial means or has accreted to such portion so created. Form 5022702(7-1-14) Page 2 of 4 Limited Liability Report(Rev.}1-I I) 21 4864-0425-9336v.6 0022769-000022 477 File No.0229-4064134 7. Any preference rights which may exist under the Alaska Land Act,terms,provisions and reservations under the Submerged Lands Act (43 USCA 1301,67 Stat.29)and the enabling act(Public Law 85- 508,72 Stat_339). 8. Terms, provisions and reservations under the Submerged Land Act (43 U.S.C.A. Sections 1301 through 1311)and the rights of the United States of America to regulate commerce, navigation,Flood control,fishing and production of power. 9. The terms and provisions contained in the document entitled"'Ratification of Prior Action Regarding Real Property"" Recorded: September 2,1987 Recording No.: Book 48 Page 333 10. Lease and the terms and conditions thereof as disclosed by Memorandum of Lease. Lessor: City of Seward,a home rule municipal corporation Lessee: Icicle Seafoods,Inc.,an Alaska corporation Term: Thirty(30)years from August 10,1988 Dated: August 23, 1988 Recorded: August 30, 1988 Recording Information; Book 51 Page 954 (Affects this and other property) Memorandum of Lease Amendment recorded luly 19,1989 in Book 55 at Page 2�10. Lease Amendment Number 2 recorded April 4,2000 in Book 100 at Page 127. Memorandum of Amended and Restated Lease Recorded September 6,2018 as Serial Number, 2018-000888-0. "Corrected"Memorandum of Amended and Restated Lease Recorded September 7,2018 as Serial Number 2018-O00895-0 to Correct the Effective Date of the Memorandum of Amended and Restated Lease Agreement. NOTE:Defects,liens,encumbrances or other matters affecting the leasehold estate,whether or not shown by the public records. 11. The effect of the notes which appear on the plat of said subdivision. (Copy Attached) 12. Easements as dedicated and shown on the plat of said subdivision. (Copy Attached) 13. Deed of Trust in Lieu of Cash Bond and the terms and conditions thereof. Grantor(frustor: Icicle Seafoods,Inc. Grantee/Beneficiary: State of Alaska Department of Revenue Trustee: First American Title Insurance Company Amount: $15,157,500.00 Dated: December 14,2015 Retarded: December 15,2015 Recording Information: Serial Number 2015-001368-0 (Affects this and other property) Form 5D22702(7-1-14) Page 3 of 4 Limited Liahllity Repan(Rev.9-1-11) 22 4864-0425-9336v_6 0022769-003022 478 File No.0229-4064134 Amended Deed of Trust in Lieu of Cash Bond: Recorded: December 17,2015 Recording Information: Serial Number 2015-001378-0 14. Unrecorded leases or periodic tenancies,if any. FirstAmencan 77tle Insurance Company a,-,"it" Dustyn Fergus,Title Officer NOTE: The attached plat,if any,is furnished solely for the purpose of assisting in locating the premises and does not purport to show all highways,roads or easements affecting the property. No reliance should be placed upon this plat for location or dimensions of the property and no Inability is assumed for the correctness thereof. Farm S022702(7-1-14) Page 4 of 4 Limited liability Report(Rev.9-1-11) 23 4864-0425-9336v.6 0022769-000022 479 Ordinance 2023-015 : An Ordinance of the Seward City Council, Amending Seward City Code Title 6 Purchasing, Contracts and Professional Services Documents: • Agenda Statement • Ordinance 2023-015 480 City Council Agenda Statement Meeting Date: May 22, 2023 To: City Council From: Norm Regis, Acting City Manager Crystal Miner, Carmen Jackson CPA MC Pehle, Carmen Jackson CPA Sully Jusino, Deputy Finance Director Agenda Item: Ordinance 2023-015: Amending Seward City Code Title 6 Purchasing, Contracts and Professional Services Background and justification: As part of the original city recodification project, this ordinance is brought to council to update Seward City Code Title 6. Title 6 is dedicated to Purchasing, Contracts and Professional Services. The entire title has been examined and nearly every portion of the content has been updated. Amended Ordinance code section Page # Amendment Further defines the purpose of the title and adds assurance language 6.01.010 1 regarding the city's purchasing actions and demonstration of open and transparent public processes. 6.01.015 2 References the entire Title as opposed to one section. 6.01.025 2 Further defines documentation of the purchasing processes. Note: some portions of the section have been moved to 6.01.026. 6.01.026 3 New section regarding the finance director and city managers authority. Note: some portions of the section were previously in 6.01.025. 6.01.030 3 New section providing the authority to use city credit cards. 6.01.035 3 Grammatical and bulleting updates. 6.01.040 3 Grammatical updates. 6.01.050 4 Grammatical and bulleting updates. 6.01.060 4 New section addressing business license requirements. Note: some of the language was in 6.05.020. 6.01.070 5 New section for definitions. Note: some of the language was previously in 6.05.15. 6.05.005 6 Minor purchases of less than $5,000 was moved from 6.05.020 to its own section. Note: the previous minor purchase amount was $1,000. 6.05.010 These sections have repealed and moved to 6.01.060, 6.05.005, 6.05.025, 6.05.015 6 and 6.05.030. 6.05.020 6.05.025 7 Intermediate purchases($5,000 -$30,000)was moved from 6.05.010 and 6.05.020 to its own section. 6.05.030 7 Major purchases over $30,000 was moved to its own section. Article 1 7 The term Article 1 has been struck. Use of chapters as found in other areas of code is being used in its place. 6.10.010 7 New section — language was previously in 6.10.220. 6.10.020 8 New section regarding exemptions from competitive procurement procedures. Note: most of the language was previously in 6.10.115. 6.10.030 8 Renumbered from 6.10.120. The language has been updated to reflect the exemptions forspecialized products and professional services. 6.10.040 9 Renumbered from 36.10.125 481 6.10.050 9 Renumbered from 6.10.130. The updated language requires the city to make written findings to the city council. 6.10.060 9 New section and language regarding sole-source procurement. 6.10.070 10 Renumbered from 6.10.135 and additional regarding bidders being prohibited from receiving federal funds. 6.10.080 10 Renumbered from 6.10.140 and updated bulleting added. 6.10.090 11 Renumbered from 6.10.145 and grammatical amendments made. Article 2 11 The term Article 2 has been struck. Use of chapters as found in other areas of code is being used in its place. 6.20.010 11 Renumbered from 6.10.210. Note: the increased amount for cost of goods and services. 6.20.020 11 Renumbered from 6.10.020. Additional information has been added regarding the public notice. 6.20.030 11 New section regarding bid packets. 6.10.220 former 11 This section has been struck. The language was moved to 6.10.020. 6.20.040 12 Renumbered from 6.20.225. 6.20.050 12 New section regarding ublic opening of bids. 6.20.060 12 Renumbered from 6.10.230. Clarifying language regarding bid awards. 6.20.070 12 Renumbered from 6.10.235. Article 3 12 The term Article 3 has been struck. Use of chapters as found in other areas of code is being used in its place. 6.10.310 former 13 Removes language regarding the alternate procurement procedures. 6.30.010 13 Renumbered from 6.10.315. the language provides the proposal process. 6.30.020 13 Renumbered from 6.10.320. 6.30.040 13 Renumbered from 6.10.325. The language speaks the packets content for proposals and points back to the fiscal policy. 6.30.050 13 New section regarding the response to requests for proposals. 6.30.060 14 Renumbered from 6.10.330. The language provides for the criteria for public opening of proposals. 6.30.070 14 Renumbered from 6.10.335. 6.30.080 14 Renumbered from 6.10.340. 6.10.345 former 14 The language has been struck because it a process that is no longer used. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ 0 This legislation (✓): Creates revenue in the amount of: $ Creates expenditure in amount of: $ Creates a savings in the amount of: $ ✓ Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted ✓ Not applicable 482 Fund Balance Information Affected Fund (✓): General SMIC Electric Wastewater Boat Harbor Parking F1 Water F1 Healthcare Motor Pool Other Note: amounts are unaudited Fund Balance/Net position — unrestricted/unassigned $ Available Unrestricted Cash Balance: $ Finance Director Signature: Attorney Review ✓ Yes Attorney Signature: Not applicable Comments: Administration Recommendation e✓ Adopt ordinance Other: 483 Sponsored by: Regis CITY OF SEWARD,ALASKA ORDINANCE 2023-015 An Ordinance of the Seward City Council,Amending Seward City Code Title 6 Purchasing, Contracts and Professional Services WHEREAS,this ordinance updates Title 6 with the most current financial practices; and WHEREAS,in May 2020, Seward City Council approved Resolution 2020-040 to review, update, and recodify Seward City Code; WHEREAS,there are 16 Titles contained in the Seward City Code; and WHEREAS, due to the sheer volume of material to be received, it is more efficient and reasonable to provide the changes in smaller, more manageable portions for consideration; and WHEREAS, to that end, this ordinance is focused specifically on Title 6 - Purchasing, Contracts and Professional Services. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code Title 6 is amended to read as follows (new language is in bolded italics and underlined and deleted language is stricken): TITLE 6 - PURCHASING, CONTRACTS AND PROFESSIONAL SERVICES Chapter 6.01 General Provisions. 6.01.010 Purpose. The purpose of this title is to: A. 4-Maximize the purchasing value of public funds in the procurement of goods and services for the city; B. Ensure that supplies, materials, services, and construction are procured efficiently, effectively, and at the most favorable prices available n-^vide an effieie t system for- the without creating unreasonable administrative burdens and restrictions; C: � Provide flexibility in and safeguards for maintainin,- a procurement system of quality and integ-rity in order to meet the goals and objectives of the city as determined by the city council; D. 4 Provide for the fair and equitable treatment of all persons or organizations involved in the provision of goods and services to the city; E. -S,Prevent collusion and anti-competitive practices by the providers of goods and services, E Ensure that the city's purchasing actions are in compliance with applicable state and federal standards, regulations and tribal laws, and 484 CITY OF SEWARD,ALASKA ORDINANCE 2023-015 G. Demonstrate open and transparent processes to the public. 6.01.015 Interpretation. This title is to be interpreted and applied in order to further the objectives stated in this title. above. 6.01.020 Compliance with grant conditions. When a procurement involves the expenditure of state or federal grant, assistance or contract funds, the procurement shall be conducted in accordance with any applicable mandatory local, state, or federal law and regulation. Nothing in this Code shall prevent the city from complying with the terms and conditions of any grant, gift or bequest which is otherwise consistent with law. 6.01.025 . Documentation of Purchase Process. A. Every undertaking of the city involving the expenditure of city money, no matter the amount, shall be in writing in the form of a purchase order, check request, credit card, electronic communication, travel voucher or of a contract, as may be appropriate, and tie effieer or employee of the e4y shall ha-ve attthofity to enter- into any aral agreement involving t s that eaeh &Epeadittire has been properly at4horized and that funds ha-ve been lawfii!!�, apprepria+ed for that perehase. The eity managef: ef: designee and eit-y eleAE or designee shall sign all eantraets on behalf of the e4y and the e4y manager or designee and the fiflaflee dire or designee shall sign all perehase erders. B. No officer or employee of the city shall have authority to enter into any oral a,-reement involvin,- the expenditure of money, Separate perehase erders shall net be isseed for- the f, ting the I� ,R liffl tali RS f this title C. Separate purchase orders shall not be issued for the purpose of circumventin- the requirements and limitations of this title. The e4y m thorize any depa tme eantraetual serviees eader written proeederes not less r-estrietive than those preseri-�-ed- ender- D. References in this title to matters required to be in "writin'-"or to be "written"may include electronic communication unless procedures are otherwise prescribed shall have the attthority to and shall establish the admi )eederes and provide for ether- matters whiek may be neeessafy to earfy etit the previsiens ef this ehapter- and Chapter E. References in this title to matters required to be in "writing" or to be "written" may include electronic communication unless procedures are otherwise prescribed; ,„-,,yide.a, however,that all sealed bids and sealed prepesals mest be physieally stibmitted in the manner- previded in Chapter ti 10. 6.01.026 Authority. 485 CITY OF SEWARD,ALASKA ORDINANCE 2023-015 A. The finance director's, or desig-nee's, written approval of expenditures certifies that each expenditure has been properly authorized and that funds have been lawfully appropriated for that purchase throe,-h approved city bud,-et. B. The city mana,-er or desi,-nee and city clerk or desi,-nee shall si,-n all contracts on behalf of the city. C. The city mana,-er may authorize any department of the city to purchase directly certain specified supplies, materials, equipment or contractual services under written procedures not less restrictive than those prescribed under this title. D. The city mana,-er shall have the authority to and shall establish the administrative procedures and provide for other matters which may be necessary to carry out the provisions of this title. E. The city mana,-er is authorized to issue an invitation to bid if the procedure will best serve the needs of the city and accomplish the objectives of this title. F. The city mana,-er is hereby authorized to issue a request for proposals of the city and accomplish the objectives of this title. G. The city mana,-er my reiect any or all quotations and may waive minor irre,-ularities in the quotations. 6.01.030 Repealed by Ord. 2003 City credit cartL The city may use credit cards or purchase cards to purchase items followin- the processes outlined in this chapter. 6.01.035 Inspection of work, materials, etc., prior to payment. A. Prior to t4+e making e€partial or final payments on contracts, the city manager or designee shall certify the conditions of the contract for which payment is being made have been complied with. 1. In the case of partial payments,stieh the payments shall be made on estimates of the amount and value of work accomplished. 2. The certificates of estimate shall include the amount and value of the work accomplished and the materials used since any preceding estimate. 3. Stieh The certificates of estimates shall further indicate that if a greater proportion of the contract has been performed by the contracting party than that which is represented by the request for partial payment, the request only shall be paid, in addition to any preceding partial payments. 4. The finance director may authorize payment upon receiving the invoices properly certified, and evidence of compliance with any other applicable requirements. B. The responsibility for the inspection and acceptance of all materials, supplies and equipment shall rest with the department even head concerned. 6.01.040 Payment of claims. A. The city finance director shall pay claims for which appropriations have previously been made, when the claim was incurred by purchase order as otherwise herein provided, or by agreement approved by the city council. B. The finance director shall require invoices to be submitted to the finance director or designee by the vendors, and that the head of the department ^won of the city concerned shall 486 CITY OF SEWARD,ALASKA ORDINANCE 2023-015 submit to the finance director or designee confirmation that the goods or services for which the purchase order and invoices are rendered have been delivered in the manner, quantity and quality specified, prior to the issuance of the city's payment thereof. C. Claims for transportation expenses and allowances submitted in connection with traveling on official business will be allowed by the finance director only when StIC4 the expenses have been approved in advance by the city manager or designee and are submitted on property forms provided by the city and certified by claimant. 6.01.050 Contractor delinquency in certain payments. A. The city shall not award a contract or purchase order to any person who then is delinquent in paying: 1. (i)Any tax levied by the city or the Kenai Peninsula Borough, 2. (4)Any special assessment levied by the city, 3. 04)Any charge for city utility or harbor services, or 4. O-Y4 Any city business license fee, unless the person cures the delinquency within ten 10 days after the mailing of written notice thereof. B. The city may terminate any contract or purchase order if the contractor becomes delinquent in payment of any of the items listed in subsection A. of this section, unless the contractor cures the delinquency within ten days after mailing of written notice thereof. C. The city may deduct from any amount due the contractor under any contract or purchase order an amount equal to the total of all delinquent amounts that the contractor owes for: 1. (i)Taxes levied by the city or the Kenai Peninsula Borough, 2. (4) Special assessments levied by the city, 3. 04)Charges for city utility or harbor services, and 4. O-Y4 The city business license fee. D. Subsections B. and C. of this section shall be deemed to be incorporated in every city contract and purchase order that is executed after-the ova tive date of this see4i ,, E. Nothing in this section shall prevent any person from paying under protest any tax, special assessment, utility or harbor charge, or business license fee, or pursuing appropriate judicial or administrative action to contest or recover any stt&the tax, assessment, charge or fee. 6.01.060 Business license required A. All contractors or persons conductin,-work for, or providin,-professional services to or on behalf of, the city shall obtain a city business license prior to conductin'- any work or providing any services. B. A valid city business license shall be required to be maintained for the life of the contract or a,-reement between the city and the contractor or provider. C. To obtain a city business license, a current state business license and valid Kenai Peninsula Borou,-h sales tax account is required D. Accordin,- to Municipal Code 8.30.020, an exemption to this requirement is made for -overnment and-overnmental services. 6.01.070 Definitions. Bid Offer of a specific price to secure commodities, capital equipment or construction work. 487 CITY OF SEWARD,ALASKA ORDINANCE 2023-015 Intermediate purchase. Those purchase orders or contracts for labor, services, materials, or other valuable considerations between $5,000 - $30,000 for anv one item, or any passenger vehicle purchase. Maior purchase. Those purchase orders or contracts for labor, services, materials, or other valuable considerations which exceed $30,000 for any one item, or any passenger vehicle purchase and require competitive bids or proposals. Minor purchase. Those purchases of labor, services, materials or other valuable considerations which do not exceed$5,000 for any one item. Open market purchasin,-. Procuring goods and/or services without formal advertisin,- or formal bid procedures, usually in small quantities or in an emergency. Shall be based on at least three quotations. Open purchase order. A city-wide purchase order approved by the finance director and city mana,-er each fiscal year. Allows city employees to purchase items as needed for under$1,000. Purchases must still be approved by department head Passen,-er vehicle. Any vehicle that is primarily intended for the carria'-e of*passenpers and does not meet the requirements of Alaska Statute definition of"commercial motor vehicle." Professional services. Those services that require special knowled,-e and iud,-meet that includes analysis, evaluation, prediction, plannin,-or recommendations and which result in the production of a report or the completion of a task. Proposal. A formal plan or su,-,-estion put forward for consideration or discussion. Used Primarily to secure services or combination of products and services (Example: professional services). Purchase order. Document completed by purchaser that includes all relevant details of the purchase and approval of the purchase by department head, finance director, and city manager as appropriate. Ouotations. A detailed record shall be made of the quotations received and shall include the firm's name, person contacted, detailed description of materials or services, and price. Prices in published mail order catalo,-s or internet web sites may be considered to be written quotations. Records. A record of all purchases and the quotations submitted to the City shall be kept and the records shall be public. Requisition. Document completed by potential purchaser prior to purchase, that includes all relevant details of purchase and quotations and is submitted for approval by department head, finance director and city manager as appropriate. Solicitation. Written quotations may be solicited by telephone, in person or in writin'-from interested persons or firms. Sole source. When only one vendor, to the best of the requestor's knowled'-e and belief, based upon documented research, is capable of*providin,-the required'-ood or service. This may occur when -oods or services are specialized or unique in character. Written justification is required Time and material contract A contract whose cost is the sum of: a. The actual cost of materials, and b. Direct labor hours charged at fixed hourly rates that reflect wa,-es, -eneral and administrative expenses, and profit Value en,-ineerin,-.A systematic and creative analysis of each contract item or task to ensure that its essential function is provided at the overall lower cost 488 CITY OF SEWARD,ALASKA ORDINANCE 2023-015 Chapter 6.05 ineidental Minor, Intermediate, and Maio r Purchases 6.05.005 Minor purchases less than $5,000. A. All purchases for an amount estimated to be$5,000 or less shall be made on the open market with such competition as is reasonable and practical in the circumstances. R Such open market purchases, whenever practicable, shall be based on at least three quotations and shall be awarded to the lowest qualified quotation. C: Purchases over$5,000 require a requisition authorized by the department head and finance director before purchase is made. tha+ r-easenable effei4s ha-ve been made te pr-evide the e4y with the lewest and best pr-iees. obtainable, and pr-ovided that the F shall notify the e4y eatineil at its ae�Et r-egtila-F ineltide, but are not limited to, th- Otat!E)HS Of advei4isiag for- sealed bids. The eitly managef may fejeet any er- all Eltiet4i8fis ef bids and may waive tier- ir-r-egelar-ifies in the bids. 6vs0r5. Solie4ation, n ro interested pe r r B. Otieta6ens. A detailed r-eeer-d shall be made ef the Eltieta6ens r-eeeived and shall ineltide t open ffiar4et with stieh eampetition as is reasonable and pr-aetieal in the eir-etiffistanees. . , shall be made when feasible and when in t *bed fer- the award ef fer-mal sealed bid per-ehases. Seek epen mar4et per-ehases 'A.,heifiever- pr-aetieable, shall be based an at least three ild shall be awarded to t lewest Eltialified bidder-. The basis fer-detefmining the lewest Eltialified bidder-shall be the same established by law. 489 CITY OF SEWARD,ALASKA ORDINANCE 2023-015 behalf of-,the e4y shall obtain a 64y business lieense prior-to eandueting any waf:k or-providing any (d) A valid e4y business lieense shall be r-equir-ed to be maintained for-the life of the eaatr-aet or- agr-eement between the e4y and the eentr-a 6.05.025Intermediate purchases ($5,000- $30,000). A. The city mana,-er is hereby authorized to bind the city by purchase order or contract without advertisin,-or previous action by the city council for the payment of labor,services, materials or other valuable considerations, in amounts not exceedin,- $30,000.00 in any one item provided, that: 1. Reasonable efforts have been made to provide the city with the lowest and best prices obtainable, and 2. Provided that the city mana,-er shall notify the city council at its next regular meetin,-of any purchase order or contract between $5,000.00 and$30,000.00. B. Those efforts may include, but are not limited to, the written quotations or advertisin,- for sealed bids. 6.05.030 Maior purchases (over$30,000). When the cost of-oods or services required by the city exceeds the sum of$30,000 the city manager shall seek and preserve a competitive environment by utilizin,--competitive bids or proposals as set forth in this title, unless otherwise exempt. Chapter 6.10 General Procurement Procedures. 6.10.110. Definition. Far-the pur-poses of this ehapter-, fn�Ew pur-ehases are these pur-ehase Ewder-s Ew eaatr-aets for-labE).r-., 6.10.010 Bid and proposal security-financial A. All bids or proposals for contracts estimated at $100,000 or more, or when otherwise required by a request for bids or proposals, must be accompanied by a certificate of*deposit, or certified check or draft, or a cashier's check or a draft on some responsible bank in the United States, in favor of and payable at the site to the city, for an amount equal to five percent of the bid, the deposit shall not exceed$50,000. B. If the bidder or proposer to whom the contract is awarded shall, for 15 days after the award, Mils or ne-lects to enter into a contract and file any required payment or performance bond, the city mana,-er shall draw the money due on the certificate of deposit or check or draft, and pay the same into the treasury, and under no circumstances shall it be returned to the defaultin,-bidder. 490 CITY OF SEWARD,ALASKA ORDINANCE 2023-015 C. In lieu of the foregoing, any bid may be accompanied by a surety bond, equal to the amount stated in this section, furnished by a surety authorized to do a surety business in the state, guaranteeing the bidder will enter into a contract and file the required bond within the required period D. Without limiting the foregoing, no plea or defense of mistake by a bidder or proposer shall be available in any action by the city for the recovery of any deposit, or in any action on any surety bond or as a defense to any action based upon any refusal to execute a contract 6.10.020 Exemptions from competitive procurement procedures. A. The provisions of this title requiring competitive procurement procedures need not apply to the types of services and/or contracts set forth in this chapter, and the city council shall approve these contracts. B. Any purchases made utilizing an exemption in this title will have documented justification. C. The city manager will disclose if an exemption to the procurement process was used and the reasoning behind the utilization of the exemption when requesting city council approval for purchase as required by this title. D. Exemptions listed in this title may only be used if not restricted by federal, state, or local regulations. 6.10.0308 Exemptions for specialized products and professional services. A. Exceptions for specialized products and professional services include: R es+ri et e s and 1. Purchase of supplies, materials, equipment or contractual services from another unit of government at a price determined by the city manager to be below that obtainable from private vendors, including government surplus. 2. Purchase of contractual services from a public utility corporation at a price or rate determined by state or other government authority, ineident to eampetitive bidding, 0 able• 3. Purchase of professional services. pr-oeedtir-es E)- o eetiag a low bisetd atit § ti i n i 40 tiar-easoaable;- amples of Professional services include accounting, architectural, appraisal, engineering, land surveying, financial consultation, legal services, lobbying, planning, economic analysis, computer programming and system analysis, insurance consultation and risk analysis, and other specialized services. 4. ; Purchase of electronic data processing software and hardware systems and communications equipment, and 5. a single eaL- nEk e ^ tinifafm published ee;-When competitive procurement procedures have been followed, but no bids, quotations or proposals are received In such case, the city manager may proceed to have the services performed or the supplies purchased without further competitive bidding or quotation. 6. ; 491 CITY OF SEWARD,ALASKA ORDINANCE 2023-015 7. deter-mined by state or-other- 0 0 8. knowledge and judgmeat that ineludes analysis, evaltiation, pr-edietion, planning OF . -, land stif-veying, finaneial eanstiltation, legal sef-viees, lobbying, plan 9. eaffiffleflie 0 t; n 0 10. proposals are r-eeeived. in stieh ease, the eity manager- fna-y pr-eee d *.A- haave�4e sef-viees B. The city may utilize competitive bids obtained by other governmental units. 6.10.040445 Purehase of used equipment exempti Exemption for purchase of used equipment Restrictions and provisions of this title shall not apply where the city council determines that the public interest would be best served by the purchase of used equipment and, by resat itia , authorizes the city manager to locate and purchase a particular type and quantity of used equipment. 6.10.0504-39 Where eompetitive bid proposals not in publie inter Exemption when competitive bid/proposals not in public interest Restrictions and provisions of this title shall not apply where the city manager 60HH64kdetermines and makes written findings to the city council that the public interest would be best served by not requiring competitive bids/proposals. The best interest determination may be based upon, but is not limited to, a finding that the services or articles can be procured at a lower cost without competitive bidding. 6.10.060 Exemption when sole-source. Sole-source procurement may occur in the followin-circumstances: A. Based on documented research, the -ood or service is only available from one source. B. Where a public exi,-ency or emergency makes the delay in purchase due to competitive solicitation and selection unreasonable. C: When the Federal awardin,- a,-ency or pass-throe,-h entity expressly authorizes a noncompetitive procurement in response to a written request from the city. D. Purchase of a patented articles. E. Products or services that support existin,- software or data exchan,-e between public or private agencies or are required for compatibility to existing equipment. F. When competitive procurement procedures have been followed, but a limited number or no bids, quotations, or proposals are received 492 CITY OF SEWARD,ALASKA ORDINANCE 2023-015 6.10.0704-3-5--Award only to responsible bidder/proposer. A. A contract awarded under this chapter shall be made only to a responsible bidder/proposer. B. Prior to the city issuing a notice to proceed, the successful bidder/proposer shall: 1. Provide evidence of a valid city business license. All eaatr-aetar-s or per-sons ,.,,,,,auet , . ide 2. Be reviewed by the city to ensure the bidder/proposer is not listed as prohibited for receivin-federal funds on the Excluded Parties List System within the System forAward Mana,-ement. Per Federal Re-elation 45 CFR 75.335. C: The city manager may report to the city council and recommend rejection of a bid or a proposal on the basis of the following criteria: 1. The skill and experience demonstrated by the bidder/proposer in performing contracts of a similar nature; 2. The bidder's/proposer's record for honesty and integrity; 3. The bidder's history with any prior litigation or threatened litigation; 4. The bidder's/proposer's capacity to perform in terms of facilities, personnel and financing; 5. The previous and existing compliance by the bidder/proposer with laws and ordinances relating to the contract; 6. The number and scope of conditions attached to the bid/proposal; 7. The bidder's/proposer's past performance under city contracts, including failure to timely complete a contract for the amount stated in its bid or proposal including city requested change orders. If the bidder/proposer has failed in any material way to perform its obligations under any contract with the city, the bidder/proposer may be deemed a non- responsible bidder/proposer. 6.10.080448 Not responsible bidder/proposer finding. A report that the low bidder/proposer is not responsible shall delay the award of the contract until after completion of the procedures outlined below: A. 4- If the city manager or designee reports to the city council that the lowest bidder is not responsible, notice shall immediately be sent to the next two lowest bidders or the next two most preferred proposers and the report shall be placed on the agenda of the next scheduled council meeting; provided, that the next council meeting allows two weeks' written notice to the lowest bidder and the next two lowest bidders or most preferred and next two most preferred proposers. B. -2- At the council meeting, the lowest bidder or most preferred proposer and the city manager or hi-,designee shall have the opportunity to be heard regarding the adverse report. C: �The city council shall then determine whether it is in the best interest of the public to affirm, reject, or modify the city manager's report and in so doing make written findings to support its determination. The written findings shall be based on, but not limited to, the criteria set out in this chapter. 6.10.090�5 Insufficient fiindin . 493 CITY OF SEWARD,ALASKA ORDINANCE 2023-015 A. If the lowest responsive and responsible bid or proposal exceeds the amount of funds available for the procurement, the scope of the procurement may be reduced to bring its estimated cost within the amount of available funds. B. The city shall issue a new invitation for bids or requests for proposals for the reduced procurement, or,upon a finding by the city manager that the procurement is in the best interests of the city and upon notice to the city council in the city manager may negotiate with the three lowest responsive and responsible bidders or the three most responsive and responsible proposers in succession, beginning with the lowest bid or most responsive proposal, and may recommend the city council award the reduced contract. Chapter 6.20 Competitive Bids. 6.4720.2010 Use of competitive bids. When the cost of goods or services required by the city exceeds the sum of$30,000.00 $100,000 the city manager shall seek and preserve a competitive environment by utilizing competitive bids process as set forth in this chapter a unless otherwise exempt. 6.4720.020 Invitations to bid—Public notice. A. The city manager or designee shall call for bids by advertising at least once in a newspaper of general circulation not less than two weeks prior to the date set for receiving bids. B. The public notice shall include: 1. Instructions on how to obtain a bid packs,-e, 2. The process for posing questions and obtaining responses to questions, 3. The deadline for submittin-a bid response, 4. Instructions for how and where to submit bid response, and, 5. The time, date, and location of the public bid opening. 6.20.030 Bid packets. Bid packets shall be comprised of appropriate documents and notices as indicated throe'-h city fiscal policies. eheek ar draft, ar a eashier's eheek ar a draft E)a safne r-espeasible bank in the United States, in depasit not to e�Eeeed $50,000.00. if the bidder to whom the 60fltra6t is aWar-ded shall, fOr- 1-5- days after- seek award, fail ef:negleet te entef inte a eentraet and file pa-yment ef performanee bead, the eity manager shall draw the meney due E)a the eertifieate of depasit eT- ekeek er- draft, and pay the same inte t4e t+eastify, and tinder- tie eiretimstanees shall it be returned to the defaulting bidder-. stated above, fliraished by a surety at4harized to da a surety business in the state, 494 CITY OF SEWARD,ALASKA ORDINANCE 2023-015 tha+t4e bidder-will —4e. ..4- -eentr-aet and file the r-eqttir-ed bend within seek per-ied. Withetil, lifniting the foregoing, no plea or-defense of fnistake by a bidder-shall be a-vailable 6.4720.0402M Bid€ems responses. All bid responses shall be placed in a sealed envelope, clearly marked as to the purpose of•the submission, and delivered to the city clerk_ by hi in publie, at the tifne and plaee-designate ;n the natiee inviting 6.20.050 Public opening of bids. A. The city mana,-er or desi,-nee shall open the bid responses in public, at the time and place designated in the public notice invitin,-bids and shall: 1. Announce the name of each responder and verify the response was received in a timely manner; 2. Open the sealed envelope(s) and announce the bid amount(s); and 3. State the apparent low bidder, subiect to thorou,-h examination. B. The city clerk or desi,-nee shall attend, witness, and record all public bid openings. 6.4720.0602-34 Bid award. A. The city council may reiect all submitted bids,parts of bids, awf or all of•a bid and may waive minor irre-ularities in the bids when public interest will be best served by Join'-so. B. The city council may award the contract The ^ rtr- et shall belet bythe e ty eatifleil to the lowest qualified responsive and responsible bidder as defined in this title. 1. 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 city, the Seward e'ee*riea' 2. Local preference will be applied to the bid process except when specifically excluded within invitation to bid, or by funding source for project. The eit-y 6.4720.0702-M Return of bids. The city manager shall return to the apparent unsuccessful bidders their certificates of deposit, drafts or checks; provided, however, that the manager may retain the certificate of deposit, check or draft of the three apparent low bidders until after award and signing of the contract. Chapter 6.30 Competitive Proposals. 495 CITY OF SEWARD,ALASKA ORDINANCE 2023-015 . Al , a depai4fneat or- division head ma-y best sef-ve the needs of the e4y and aeeafnplish the objeetives of this title. Th 9ef 43--. The eity manager- shall notify the e4y eatiae*! of his deeision to use any pr-aeedtir-e other-than fneeting. tha+will be tised te analyi�e and r-eeemmend award, if er-iter-ia ether-than pr-iee are te be tised. 6.4730.012315 Competitive sealed proposals.Proposals. A. The city may utilize requests for sealed,.,,mpetitive proposals for goods and services,including design/build services. B. When the cost of,-oods or services required by the city exceeds the sum of$100,000 the city mana,-er shall seek and preserve a competitive environment by utilizin'- proposals as set forth in this chapter, unless otherwise exempt. C. The city mana,-er shall notify the city council of the decision to use competitive proposals and the reasons for the decision at the next re,-ularly scheduled city council meetin'-. 6.4730.0320 Notiee.Requests for proposals-public notice. Notice of requests for proposals shall be given in accordance with this title § 6.10-25 and the city may use additional means considered appropriate to notify prospective proposers of the intent to enter into a contract through competitive sealed proposals. 6.4730.0403M Request for proposals-packet content. Requests for proposals shall be comprised of appropriate documents and notices as indicated throe,-h city fiscal policies. Uiij-1- r-equest for- eampetitive sealed pr-apasals must eantain the date, tifne and plaee infafmation as may be r-equested by the e4y. 6.30.050 Response to requests for proposals. All proposals shall be placed in a sealed envelope, clearly marked as to the purpose of the submission, and delivered to the city clerk. 6.47303-3060 Public opening of proposals. 496 CITY OF SEWARD,ALASKA ORDINANCE 2023-015 A. The city mana,-er or desi,-nee, in public, shall open and announce the name of each responder and verify the response was received in a timely manner. B. The city shall epeff score the proposals in private so as to avoid disclosure of contents to a competing proposer during the process of negotiation. C. A register of proposals containing the name and address of each proposer shall be prepared. The register and the proposals themselves are open for public inspection only after a notice of intent to award has been issued by the city. D. To the extent that the proposer designates and the city attorney concurs,trade secrets and other proprietary data contained in the proposal documents are confidential. E. The city clerk or desi,-nee shall attend and record all proposal openings. 6.4730.0703M Discussions with proposers. A. Following review and evaluation of the proposals, the city may prepare a short list of the proposals which most nearly meet the requirements set forth in the request for proposals. The city may then request supplemental information or enter into discussions with the proposers listed therein for the purpose of clarification to a ensure full understanding of, and responsiveness to, the solicitation requirements. B. Upon receipt of additional or clarifying information,the short-listed proposers shall be ranked and negotiations may be initiated with the first-ranked proposer. If an agreement cannot be reached, that proposer shall be dropped from the list and negotiations initiated with the next- ranked proposer. C. These proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals, and revisions may be permitted after submissions and before final negotiation of the contract for the purpose of obtaining best and final offers. In conducting discussions, the city may not disclose information derived from proposals submitted by competing proposers. 6.4730.080344 "ward of e nt-aet.Notice of intent to award A. The city manager shall make a written recommendation for award to the responsible and responsive proposer whose proposal is determined to be the most advantageous to the city, taking into consideration the price and the evaluation factors set out in the request for proposals. Other factors and criteria may not be used in the evaluation. B. The city manager or designee shall issue a CITY OF SEWARD, ALASKA notice of recommendation to award to all responding proponents prior to approval by the final decision- making authority. C. The contract shall be let by the city council to the most qualified responsive and responsible proposer. D. The city council may reject any or all proposals and may waive minor irregularities in the proposals. deter-mines that pr-equalifieation is in the publie inter-est. Jidstifieation for- pr-equalifieation fna�7 inelede bet shall net be limited te the need te r-estr-iet bidding te firms ha-'4ng speei 497 CITY OF SEWARD,ALASKA ORDINANCE 2023-015 the same faetar-s as listed at § 6.10.135 for- dete....*...i....1 --peasible bidder-. Fir-fns will be either- shall approve the i-1--st by r-eseltition. Requests for-bids or-proposals will be salieited f+em enly these fifms en the appr-&ved list and enly these pr-eqttalified firms shall be allewed te submit bids pur-stiant to this seetiew. Section 2. This ordinance shall take effect 10 days after adoption. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA,the 8tn day of May, 2023. THE CITY OF SEWARD,ALASKA Sue McClure, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda Ballou, MMC City Clerk (City Seal) 498 Resolution 2023-046: A Resolution of the City Council of the City of Seward, Alaska, Authorizing the City Manager to Enter into a Recruitment Services Contract with GovHR, and Appropriating Funds Documents: • Agenda Statement • Resolution 2023-046 • GovHR Proposal Request 2023 • GovHR City Manager Announcement 2020/2021 499 City Council Agenda Statement Meeting Date: April 24, 2023 To: City Council Through: Janette Bower, City Manager From: Tammy Nickell, Human Resource Manager Subject: Resolution 2023-046: Authorizing the City Manager to Enter Into a Recruitment Services Contract with GovHR, and Appropriating Funds Background and justification: On March City Manager Janette Bower gave notice to resign from the City of Seward effective May 10, 2023. The city has previously contracted with GovHR for personnel related services to include recruitment and pay plan related issues. GovHR has provided a proposal for City Manager recruitment, advertising, and selection. The proposed amount of$24,500 covers recruitment fees, recruitment expenses and advertising. An additional amount of $5,500 is requested to over the final candidate(s) travel for in-person interviewing. This addition also covers travel expenses for the GovHR consultant should in-person services be required for the final candidate(s) interviews. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.7.1.3 Improve quality of City Governmental Services Strategic Plan: Other: Certification of Funds Total amount of funds listed in this legislation: $ 30,000 This legislation (✓): Creates revenue in the amount of: $ x Creates expenditure in amount of: $ 30,000 Creates a savings in the amount of: $ Has no fiscal impact Funds are (✓): Budgeted Line item(s): x Not budgeted 01000-1120-7009 Not applicable Fund Balance Information Affected Fund (✓): x General SMIC Electric Wastewater Boat Harbor Parking F1 Wat F1 Healthcare Motor Pool Other 500 Note: amounts are unaudited Fund Balance/Net position — restricted $ 2,597,995 Fund Balance/Net position — unrestricted/unassigned $ 6,485,764 Available Unrestricted Cash Balance: $ 9,229,784 Finance Director Signature: `� Attorney Review RxYes Attorney Signature: Not applicable Comments: Administration Recommendation x Approve Res. Other: 501 Sponsored by: Bower Postponed: April 24, 2023 CITY OF SEWARD,ALASKA RESOLUTION 2023-046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A RECRUITMENT SERVICES CONTRACT WITH GOVHR, AND APPROPRIATING FUNDS WHEREAS, on March 28, 2023, City Manager Janette Bower gave notice to resign from the city effective May 10, 2023; and WHEREAS, the city has continuously contracted with GovHR for personnel related services; and WHEREAS, GovHR has provided a proposal for City Manager recruitment and selection; and WHEREAS, the proposed amount of $24,500 will cover recruitment fees, recruitment expenses and advertising; and WHEREAS, an additional $5,500 will be set aside to cover the candidate travel and consultant travel expenses should in-person services be required. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The City Manager is authorized to enter a recruitment services contract with GovHR for the recruitment of a new City Manager. Section 2. Funding in the amount of $30,000 is appropriated from the General Fund Reserves account number 01000-0000-3400 to the City Manager contracted services account number 01000-1120-7009. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 12th day of June, 2023. THE CITY OF SEWARD,ALASKA Sue McClure, Mayor 502 CITY OF SEWARD,ALASKA RESOLUTION 2023-046 AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) 503 r� ,Nr{ City of Seward, Alaska Request for Proposal City Manager Recruitment & selection April 11, 2023 ovHR USA Sul GovTEMPS USA 630 Dundee Road Suite 225 Northbrook, IL 60062 Primary Contact Person: Laurie Pederson Director of Administrative Services 847-380-3198 LPederson @ GovH Rusa.corn r6: r� s'. sit", '504 " GOVHR USA. GovTEMPS USA, Table of Contents FirmProfile....................................................................................................................................................3 OurLeadership..........................................................................................................................................3 WhyChoose GovHR?................................................................................................................................4 OurTeam ......................................................................................................................................................5 Project Approach and Methodology.............................................................................................................6 Phase I: Position Assessment, Position Announcement& Brochure........................................................6 Phase II:Advertising,Candidate Recruitment&Outreach.......................................................................6 Phase III: Candidate Evaluation &Screening............................................................................................7 Phase IV:Presentation of Recommended Candidates.............................................................................7 Phase V: Interviewing Process & Background Screening..........................................................................7 Phase VI:Appointment of Candidate........................................................................................................8 ProjectTimeline............................................................................................................................................9 Commitment to Diversity, Equity& Inclusion in Recruitments....................................................................9 Recruiting During the Great Resignation....................................................................................................10 Full Scope Recruitment—Price Proposal....................................................................................................11 The GovHR Guarantee—Full Scope Recruitment.......................................................................................12 ContractSignature Page.............................................................................................................................13 OptionalServices........................................................................................................................................14 Attachments Consultant Biography 2 City of Seward,Alaska-City Manager 505 GovHR USA Go►►TEMPS USA Firm Profile GovHR is a public management consulting firm serving local government clients and other public-sector entities across the country. The firm was originally formed as Voorhees Associates in 2009 and changed its name to GovHR USA in 2013. Our headquarters are in Northbrook, Illinois.We are a certified Female Business Enterprise in the State of Illinois and work exclusively in the public and non-profit sectors.GovHR offers customized executive recruitment services, management studies and consulting projects for local government and organizations who work with local government. GovHR has 21 full-time and 8 permanent part-time employees including 6 full-time recruiters and 26 additional project consultants. Our employees and project consultants are located across the country,giving us a national presence. Additionally, GovTempsUSA, GovHR's subsidiary,provides interim staffing solutions to keep operations moving during the recruitment process. Our consultants are experienced executive recruiters who have conducted over 1,000 recruitments, working with cities,counties,special districts,and other governmental entities of all sizes throughout the country. In addition,we have held leadership positions within local government,giving us an understanding of the complexities and challenges facing today's public sector leaders. our Leadership Heidi Voorhees Joellen Cademartori President Chief Executive Officer 847-380-3240 847-380-3238 HVoorhees@GovHRusa.corn Xademartori,r7a GovHRusa.com Ms. Voorhees has conducted more than 400 Ms. Cademartori is a seasoned manager, with expertise recruitments in her management consulting career, in public sector human resources management.She has with many of her clients being repeat clients,attesting held positions from Human Resources Director and to the high quality of work performed for them.In Administrative Services Director to Assistant Town addition to her 17 years of executive recruitment and Manager and Assistant County Manager.Ms. management consulting experience,Ms. Voorhees has Cademartori has worked informs of government 19 years of local government leadership and ranging from open Town Meeting to Council-Manager management service,including ten years as Village and has supervised all municipal and county Manager for the Village of Wilmette, Illinois. departments ranging from Public Safety and Public Works to Mental Health and Social Services. 3 City of Seward, Alaska-City Manager 506 GovHR USA GovTEMPS USA Why Choose GovHR? Unparalleled Expertise and Level of Service:We are a leader in the field of local government recruitment and selection with experience in 44 states, in communities ranging in population from 1,000 to 3,000,000. Since our establishment in 2009, more than 40% of our clients are repeat clients showing a high level of satisfaction with our work. We encourage you to call any of our previous clients. Surveys of our clients show that 94% rate their overall experience with our firm as Outstanding and indicate that they plan to use our services or highly recommend us in the future. Delivering the Best: We conduct comprehensive due diligence on candidates. Our state-of-the-art process,includes extensive use of social media for candidate outreach and video interviews with potential finalist candidates, ensure a successful recruitment for your organization, Our high quality, thorough Recruitment Brochure reflects the knowledge we will have about your community and your organization and will provide important information to potential candidates. Additionally, before we recommend a candidate to you, we will have interviewed them via video, conducted reference calls, and news media and social media searches. Our knowledge of local government ensures that we can ask probing questions that will verify their expertise. A Partner from Start to Finish:We are your partners in this important process.You are welcome to review all the resumes we receive, and we will share our honest assessment of the candidates. Our goal is your complete satisfaction. We can strategize with you on a variety of approaches for meeting your recruiting needs, including evaluation of internal candidates, identification of non-traditional candidates who meet your recruitment requirements, succession planning and mentoring options. We are committed to working with you until you find the candidate that is the best fit for your position.. Services for Any Budget and Any Search: We strive to meet the specific needs of our clients. We offer several options for recruitment services to meet your needs and your budget. Our services range from Full Executive Recruitments to Virtual Recruitments and even simply Professional Outreach for those who want to reach a broader network. In the following proposal, we have provided the scope we believe that best fits your needs. However, you may find all our services here on ow website, 4 City of Seward, Alaska - City Manager 507 GovHR USA GovTEMPS USA Our Team GovHR employs a team of professionals with backgrounds in local government and the not-for-profit sector. With your staff needs in mind and due to the significance of this recruitment, we have assigned our highly knowledgeable and experienced Vice President Mary Jacobs. She will act as your project manager and primary point of contact for this project. She will be responsible for your recruitment and selection process. Her full biography can be found as part of the Appendix. Proiect Manager&Main Point of Contact Mary Jacobs Vice President 847-380-3240 MJacobs,I_b)GovH Rusa.corn Proposal Inquiries Laurie Pederson Client Services&Administrative Director 847-380-3198 LPederson@GovHRusa.com 5 City of Seward, Alaska - City Manager 508 GovHR USA r GovTEMPS USA Project. Approach and Methodology A typical recruitment and selection process takes approximately 175 hours to conduct. At least 50 hours of this time is administrative, including advertisement placement, reference interviews,and due diligence on candidates. We believe our experience and ability to professionally administer your recruitment will provide you with a diverse pool of highly qualified candidates for your position search. GovHR clients are informed of the progress of their recruitment throughout the entire process. We are always available by mobile phone or email should you have a question or need information about the recruitment. Phase f: Position Assessment, Position Announcement & Brochure GovHR treats each executive recruitment as a transparent partnership with our client. We believe in engaging with stakeholders early in each recruitment process to fully understand the challenges and opportunities inherent in the position. Understanding the organizational culture is critical to a successful recruitment. We gain this insight and information through meetings (one on one and small groups), surveys and a review of relevant information. This information is reflected in a polished marketing piece that showcases the organization and the area it serves. Information Gathering: :- Une-on-one or group interviews with stakeholders identified by the client. GovHR can establish a dedicated email address for feedback from stakeholders orthe community. Community forums (In-person or via video) can be used to gather input and feedback. Surveys can be used for department personnel and/or the community to gather feedback. Conversations/interviews with department heads.. A combination of the above items can be used to fully understand community and organizational needs and expectations for the position (this proposal includes 12 hours of meetings—additional meetings can be added for a fee of $150/hour plus actual expenses if incurred. Dedicated email address and one organizational survey are included. Community Survey can be conducted for$2,500. Community Forums can be conducted as an optional service. Development of a Position Announcement to be placed on websites and social media, Development of a thorough Recruitment Brochure for client review and approval. Agreement on a detailed Recruitment Timetable—a typical recruitment takes between 90 to 120 days from the time you sign the contract to appointment of the finalist candidate. Phase fl. Advertising, Candidate Recruitment& Outreach We make extensive use of social media as well as traditional outreach methods to ensure a diverse and highly qualified pool of candidates. In addition,ourwebsite is well known in the local government industry —we typically have 14,000+visits monthly to our website and career center.Additionally, our weekly jobs listings are sent to over 7,000 subscribers. Phase 11 will include the following: GovHR consultants will personally identify and contact potential candidates. r Develop a database of potential candidates from across the country unique to the position and to the Client,focusing on: 6 City of Seward, Aiasko - City Manager 509 GovHR USA r GovTEMPS USA a Leadership and management skills o Size of organization a Experience in addressing challenges and opportunities also outlined in Phase I • The database will range from several hundred to thousands of names and an email blast will be sent to each potential candidate. Placement of the Position Announcement in appropriate professional online publications: o Public sector publications& websites (approximately 20 online sources) ❑ Social media: Linkedln (over 20,000 connections), Facebook, Instagram and Twitter o GovHR will provide you with a list of advertising options for approval Phase III; Candidate Evaluation & Screening Phase III will include the following steps: Review and evaluation of candidates' credentials considering the criteria outlined in the Recruitment Brochure Candidates will be narrowed down to those candidates that meet the qualification criteria Candidate evaluation process: o Completion of a questionnaire explaining prior work experience o Live Video Interview (45 minutes to 1 hour) conducted by consultant with each finalist candidate o References provided by the candidate are contacted Internet/Social Media search conducted on each finalist candidate All resumes will be acknowledged and inquiries from candidates will be personally handled by GovHR, ensuring that the Client's process is professional and well regarded by all who participate. Phase IV: Presentation of Recommended Candidates Phase IV will include the following steps: GovHR will prepare a Recruitment Report presenting the credentials of those candidates most qualified for the position. GovHR will provide an electronic recruitment portfolio which contains the candidates' materials along with a "mini" resume for each candidate so that each candidate's credentials are presented in a uniform way.. Client will receive a log of all applicants and may review resumes if requested. Report will arrive in advance of the Recruitment Report Presentation. GovHR will spend approximately 2 hours with the Client reviewing the recruitment report and providing additional information on the candidates. Phase V: Interviewing Process & Background Screening Phase V will include the following steps: GovHR will: Develop the first and second round interview questions for your review and comment Coordinate candidate travel and accommodations 7 City of Seward, Alasko - City Monoger 510 GovHR USA GioVTEMPS USA : Provide you with an electronic file that includes: Candidates' credentials • Set of questions with room for interviewers to make notes o Evaluation sheets to assist interviewers in assessingthe candidate's skills and abilities Background screening will be conducted along with additional references contacted: GovHR USA Background Screening J Social Security Trace&Verification County/Statewide Criminal v/ U.S. Federal Criminal Search Civil Search Enhanced Verified National Criminal Bankruptcy, Leans and Judgements - National Sex Offender Registry J Motor Vehicle Record - Most Wanted Lists FBI,DEA, ATF, J Education Verification—AII Degrees Earned Interpol Optional:Credit Report—Transunion with score - OFAC Terrorist Database Search (based on position and state laws) - OIG, GSA,SAM, FDA Optional: - Al felonies and misdemeanors reported to the National Database Professional License Verification Drug Screen Employment Verification GovHR will work with you to develop an interview schedule for the candidates, coordinating travel and accommodations. GovHR consultants will be present for all the interviews, serving as a resource and facilitator. GovHR will coordinate a 2-Step Interview process. The first round interviews will include four to five candidates.The second round interviews will include two or three candidates.GovHR will supply interview questions and an evaluation form. In addition to a structured interview,the schedule can incorporate: : Tour of Client facilities Interviews with senior staff Phase VI; Appointment of Candidate : GovHR will assist you as much as you request with the salary and benefit negotiations and drafting of an employment agreement, if appropriate. GovHR will notify all applicants of the final appointment, providing professional background information on the successful candidate. 8 City of Seward,Alaska- City Manager 511 GovHR USA GovTEMPS USA Project Timeline Week Week Week Week Week Week Week Week Week Week Week Week Week Week Phase I Phase II Phase III Phase Phase V Phase VI IV Weeks 1 & 2 Phase 1: Interviews &Brochure Development Weeks 3 thru 6 Phase 2:Advertising, Candidate Recruitment& Outreach Weeks 7 thru 9 Phase 3:Candidate Evaluation & Background Screening Week 10 Phase 4: Presentation of Recommended Candidates Week 11 & 12 Phase 5: Interview Process & Additional Background Screening Weeks 13 & 14 Phase 6:Appointment of Candidate Commitment to Diversity, Equity & Inclusion in Recruitments GovHR has a long-standing commitment to Equity, Diversity and Inclusion in all of our recruitment and selection processes. Since ourfirm's inception we have supported, with our time and financial resources, organizations that advance women and other underrepresented minorities in local government. These include the National Forum for Black Public Administrators,the Focal Government Hispanic Network,The League of Women in Government and CivicPride. GovHR Team Members have moderated and spoken on DEI initiatives at the International City and County Management Association conference and state conferences in Illinois,Michigan,Wisconsin,and North Carolina. our employees and consultants have undergone Implicit Bias Training and we are frequent speakers on incorporating DEI values into recruitment and selection processes.We have a list of DEI resources on the front page of our website (https:/fwww.govhrusa.cotii/diversity-equity and- inclusion-resourcesl)that can be accessed by anyone who visits our website. GovHR has formally partnered with the National Forum for Black Public Administrators' consulting arm, i4x, in several recruitment and selection processes throughout the country including Toledo, OH, Fort Collins, Co, Ann Arbor, MI, Oakland, MI and Arlington, TX. our partnership reflects our mutual commitment to advancing DEI values and increasing the diversity of local government leaders at the highest levels of local government organizations. 9 City of Seward, Alaska- City Manager 512 GovHR USA GoWTEMPS USA Recruiting During the Great Resignation The GovHR team is aware of the lasting impact that the Great Resignation has had on nearly all local government positions. Data shows annual quit rates have been at record highs the past two years. Additionally, there is a growing trend of public workers accelerating retirement plans, a drastic change from when workers were postponing retirement. Our team of consultants work diligently to ensure the success of each recruitment and will be transparent upfront and throughout the process regarding any obstacles or delays they anticipate. Despite these challenging times, we have still seen a tremendous amount of success in our recruitments largely due to our consultants" outreach methods and our team's marketing strategies. aGovHR's RECOMMENDATIONS To RECRUIT ANo RETAIN Top TALENT Responsive: Roll out the Welcome Mat! Candidates may struggle with relocating for a new position as well as be concerned about the "fit" with a new team. It is Important to include costs for your top candidate(s) to travel to your location for the final interview process. our team will work with you to create a welcoming, informative experience for both you and the candidate(s). Encouraging: Employee development is a must-have in today's market. Candidates appreciate their employer investing in them as much as they are investing themselves in thejob, Consider"up and coming" candidates who may lack one or two preferred skills and assign a mentor or invest in a course to encourage their professional development. A mentor training program will also help establish a peer-to-peer connection and make them feel more comfortable about the transition to a new job. Competitive: Our team will guide you in offering a competitive market rate compensation and competitive benefits package attractive to today's candidates. Competitive employers must include relocation expenses and should consider signing bonuses and temporary housing. Resourceful: Review your job description — do you need public sector experience? Are the years' experience you list essential, or can that be preferred? Consider a more resourceful approach when reviewing candidates'experience.Carefully consider requirements such as CPA, Professional Engineer and others that will limit your talent pool—consider using the word "ideally"or"preferably." Understanding:These past few years have,without a doubt,changed the work environment.Competitive employers have recognized this and are offering flexible/hybrid/remote work options. Those positions that offer this type of flexibility consistently receive a better candidate response rate. Innovative: Think about what is unique and attractive about your community and organization and highlight that in your recruitment efforts. Talk about organizational culture and what your values are with respect to your employees. GovHR will assist you in being as innovative as possible in your outreach. Transparent:some states now mandate listing salary ranges in any job advertisements or postings. More and more companies are now showing at least a salary range in their postings to promote pay transparency and equity. Post the salary range you will use for hiring—it is public information if we make it too difficult for candidates to find out the salary,they will move on to the next opportunity. as City of Seward, Alaska - City Manager 513 GovH R USA GovTEM PS USA Full Scope Recruitment — Price Proposal Summary of Costs: Full Scope Price Recruitment Fee: $20,500 Recruitment Expenses: (not to exceed) $1,500 Expenses include candidate due diligence efforts Advertising: $2,500* *Advertising costs over $2,500 will be placed only with client approval. If less than$2,500, Chent is billed only for actual cost. **Consultant travel expenses are not included in the price proposal.If the consultant is requested to travel to the client, travel costs will be estimated at time of request. Only actual expenses will be billed to the client for reimbursement to GovHR. Possible in-person meetings could include: 1. Recruitment brochure interview process 2. Presentation of recommended candidates 3. Interview Process Any additional consultant visits requested by the Client(beyond the three visits listed above)will be billed at$150/hour.The additional visits may also result in an increase in the travel expenses and those expenses will be billed to the client. This fee does not include travel and accommodations for candidates interviewed. Payment for Fees & Services Professional fees and expenses will be invoiced as follows: 1- Invoice upon acceptance of proposal:40%of the Recruitment Fee 2,,^ Invoice upon recommendation of candidates:40% of the Recruitment Fee & expenses incurred to date Final Invoice upon completion: 20%of the Recruitment Fee plus all remaining expenses Payment of invoices is due within thirty (30) days of receipt (unless the client advises that its normal payment procedures require 60 days.) 11 City of Seward, Alasko - City Manager 514 GovHR USA r GovTEMPS USA The GovHR Guarantee — Full Scope Recruitment GovHR is committed to assisting our clients until a candidate is appointed to the position. Therefore, no additional professional fee will be incurred if the client does not make a selection from the initial group of recommended candidates and requests additional candidates be developed for interview consideration. If additional advertising beyond the Phase I advertising is requested,client will be billed for actual advertising charges. Reimbursable expenses may be incurred should the recruitment process require consultant travel to the Client. Upon appointment of a candidate, GovHR provides the following guarantee: should the selected and appointed candidate,at the request of the Client or the employee's own determination,leave the employ of the Client within the first 12 months of appointment, we will, if desired, conduct one additional recruitment for the cost of expenses and announcements only. This request must be made within 5 months of the employee's departure. 12 City of Seward,Alaska- Cray Manager 515 GovH R USA r Go►rTEMPS USA Contract Signature Page We believe we have provided you with a comprehensive proposal; however, if you would like a service that you do not see in our proposal, please let us know. We can most likely accommodate your request. This proposal will remain in effect for a period of six months from the date of the proposal. We look forward to working with you on this recruitment and selection process! City of Seward, Alaska agrees to retain GovHR USA, LLC("GovHR")to conduct a City Manager Recruitment in accordance with its proposal dated April 11, 2023. The terms of the proposal are incorporated herein and shall become a part of this contract. ACCEPTED: City of Seward,Alaska By: Title: Date: Billing Contact: Billing Contact Email: GovHR USA, LLC By: Title: Date: 13 City of 5eword,Alaska - City Manager 516 GovHR UsA GovTEMPS USA Optional Services GovTemps USA Need an Interim? GovTempsUSA, a subsidiary of GovHR USA, specializes in the temporary placement of positions in local government. The firm offers short-term assignments, in addition to long-term and outsourced arrangements. Our placement professionals at GovTempsUSA have typically enjoyed distinguished careers in local government and displayed a commitment to public service throughout their career. Recorded One-Way Video Interview of Candidates Candidates we recommend for your consideration can complete a one-way video interview with 3 to 5 questions that will be recorded and which you can review electronically at your convenience.This can occur prior to making your decision on which candidates to invite for an interview. Cost $100 per candidate. Leadership/Personality Testing GovHR has experience working with a wide variety of leadership and personality assessment tools, depending on the qualities and experiences the client is seeking in their candidates. These include but are not limited to Luminaspark,Caliper, DISC and others. Depending on the evaluation type selected fees can range between$100 to$500 per candidate. 360` Evaluation As a service to the Client, we offer the option to provide you with a proposal for a 360' performance evaluation for the appointed position at six months into his or her employment. This evaluation will include seeking feedback from both elected officials and department directors, along with any other stakeholder the Client feels would be relevant and beneficial. This input will be obtained on a confidential basis with comments known only to the consultant. If you are interested in this option, GovHR will prepare a proposal for this service. 14 City of Seward,Alaska-City Manager 517 GovHR USA GovTEMPS USA Mary Jacobs is a Vice President with G©vHR USA, and has held leadership positions over the past 30 plus years within the local government, including 28 years at either a city manager or assistant city manager level. Mary Jacobs'extensive leadership experience at the state and national level with the International City/County Management Association, the Arizona City/County Management Association, and as a representative of the National League of Cities on a federal advisory committee has cemented a strong network of professionals across the U.S. and internationally. Mary's work and passion for supporting women and young people in the profession has further contributed to her reputation as a highly respected executive among her peers. Mary served as the Town Manager for Oro Valley,Arizona from 2017-2022,a full-service community of nearly 50,000 residents in the Tucson metropolitan area. Among other accomplishments, she led the development of the Town's first comprehensive economic development strategy; negotiated an agreement that led to the Town's long-desired and lucrative annexation of a second resort property;and implemented policies that ensured the Town boasted its strongest financials in two decades. In addition, Mary brought a culture of process improvement, innovation and employee engagement to the organization that contributed to more than 40 employees obtaining "Green Belt" certification in the international LEAN management framework and resulted in substantial cost savings across all departments annually. Mary also served as the Assistant City Manager for Sierra Vista,Arizona for 17 years,a similar sized community that is home to the largest military installation in the state.She introduced and oversaw a successful on-going comprehensive strategic planning process with the elected officials and senior management.Mary led the development and negotiation of several military partnerships with Fort Huachuca for the provision of municipal services on the Army fort. She also championed the development of a community-based economic development strategy and led the implementation of the Town's first economic development division.Mary also has experience in Massachusetts where she served as Barnstable's Assistant Town Manager for six years. Mary is a trained facilitator, excellent communicator and is skilled at leading both government and non-profit organizations in developing short and long-term strategic plans,organizational strategies,and financial and capital plans. During Mary's career,she has also recruited dozens of highly skilled management professionals in local government. PROFESSIONAL EDUCATION, TRAINING & INSTRUCTION MEMBERSHIPS AND AFFILIATIONS • International City/County Management Association(ICMA),Current • Master's Degree in Public Administration, University of Arizona Member and Past Regional Vice President/Board Member and Chair of • Bachelor of Arts in Political Science,University of Arizona Board's Membership Committee.Also served as an ICMA coach/ • Senior Executive Program for State and Local Government, mentor,and Member of the Government Affairs Policy Committee, Harvard University,Kennedy School of Government Task Force on Women in the Profession and Conference Planning • Presenter,various conference and training sessions for ICMA, Committee. e. ACMA,Arizona League of Cities and Towns,Arizona Women • Arizona City/County Management Association(ACMA),Past President Leading Government,Arizona Association of Economic and Board Member,ACMA coach/mentor Developers, Rotary Clubs and Chambers of Commerce . Arizona Women Leading Government, Past Founding Board Member • Regular guest lecturer at University of Arizona MPA classes . Arizona Municipal Risk Retention Pool(AMRRP), Past Board Member {elected by membership) PROFESSIONAL BACKGROUND Campus Research Corporation,Current Chair and Board Member.Non- Over30 Years of Coral Government Leadership& Management profit arm of the Arizona Board of Regents responsible for oversight of Experience property owned and leased for the University of Arizona(UA)Tech • Town Manager,Town of Oro Valley,AZ 2017-2022 Parks and UA Center for Innovation • Assistant City Manager,City of Sierra Vista,AZ 2000-2017 ■ Wiidland Fire Executive Council,Member.Appointed by the U.S. • Assistant Town Manager,Town of Barnstable,MA 1994-2000 Secretaries of Interior and Agriculture to serve as the National League • Administrative Support Manager,Maricopa County Manager's of Cities'representative on this federal advisory committee. Office AZ, 1991-1993 • Court Appointed Special Advocate(CASA) • Management Analyst, Maricopa County Office of Organizational Development,AZ 1989-1991 in .._ � r � 1 ■ 1 tr � �� y ,,n City of Seward City Manager's OfficePO Box 167 Janette Bower, City Manager Seward, Alaska 99664 Phone: 907-224-4012 Alarkasfa,&It +s Email: jbower@cityofseward.net April 11, 2023 Brenda Ballou, City Clerk City of Seward Re: April 24, 2023, Special City Council Meeting Madam Clerk, Please consider this my written request as required by Seward City Code 2.10.030 (a)(2) for a special meeting on April 29, 2023, at 5:30 pm, for the following items: 1. GovHR Presentation and City Council Discussion Regarding City Manager Recruitment Services 2. Resolution 2023-XXX: Authorizing a Contract with GovHR for City Manager Recruitment Services USA and Appropriating Funds Thank you, Janette Bower, City Manager 519 GovHR 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 population centers. This strategically positions Seward for Pacific Rim maritime commerce. Seward is a dynamic 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 nonpartisan 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. Starting salary $130,000 +/- DCQ/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.GoyHRJobs.com. The recruitment for this position will remain open until the position is filled,with a first review of resumes on January 4, 2021. Click here to apply: https://www.gov hrusa.com caroe i ce[;ter/ 520 4 GovHRUSA GovTempsUSA SEWARD, ALASKA CITY MANAGER i 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 community surrounded by natural beauty interests you, submit a cover letter, resume and contact information for five (5) work-related references to vvvvvv,GcvHRJobs.com- Electronic submissions are required. The recruitment for this position will remain open „ idw until the position is filled, with a first review of resumes an January 4, 2021. Questions regarding this opportunity should be directed to the Executive Recruiter working with the City of Seward: Rachel Skaggs, Senior Vice President GovHRUSA, LLC 630 Dundee Road, Suite 130 �. Northbrook, Illinois 60062 Cell: 815-303-2187 Formai 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 PRRQFEMONA ..ANNOUNCEMENT e Strong leadership, interpersonal, communication and team-building skills essential. Seward, Alaska (2,693) Beautiful and dynamic Seward. situated at the head of Resurrection Bay on the Kenai Knowledge and experience in emergency management, Peninsula, seeks a strong, collaborative and visionary health care, environmental sustainability. renewable leader to become its next City Manager. Founded in 1903 energy. maritime law and marine operations desirable, as the ocean terminus of what is now the Alaska Railroad. Seward is not only known for its natural beauty but also as Starting salary 5130,000 +/- DOQIE. Competitive benefits Alaska's only deep-water ice-free port with rail, highway package including participation in the Alaska Public and air transportation to Alaska's interior and major urban Employees' Retirement System (PERS). Alaska does not population centers. This strategically positions Seward for have a state income tax. Pacific Rim maritime commerce. Apply online with resume. cover letter and contact Seward is a dynamic community with a year-round information for five (5) work-related references to population of just under 3.000, an Rachel Skaggs, Senior Vice President, GcvHR extraterritorial population of similar size that is served USA at vuvrw (D._,vi-PJ+:bs Lc,i1. The recruitment for by Seward s electric utility and is active in the this position will remain open until the position is community. and a seasonal population exceeding filled, with a first review of resumes on January 4, 2021. 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. F sophisticated, and broad in scope. including utilities. harbors and ownership of health care facilities. * n 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 �w candidates who will exhibit a welcoming and collaborative approach with all constituencies. This is truly an outstanding and unique career opportunity for COMMUNITY BACKGROUND an experienced. well-rounded and professional municipal manager. The successful candidate will. Seward, pronounced"Soo-word," is situated at the head of without limitation, have the following qualifications and Resurrection Bay on the Kenai Peninsula. It is experience: surrounded by majestic snow-capped mountains which are blanketed with lush green vegetation, trees and alpine Bachelors degree in public administration, business wildflowers. Mt. Marathon is the western backdrop of administration or related field. Graduate degree in Seward with Harding Ice Field lined along the back, public administration or related field preferred. extending to the coast. Chugach National Forest, Kenai Fjords National Park and Caines Head State Recreation • Seven (7) years progressively responsible experience area are nearby. in councillmanager municipal government. with five (5) years at a management level. Experience as a city Founded in 1903 as the ocean terminus of what is now the manager, assistant city manager. or other executive Alaska Railroad. Seward prides itself, not only on its level position preferred. Rural community and Alaska natural beauty, but as Alaska's only deep-water. ice-free experience a plus. port with rail, highway and air transportation to Alaska's interior and major urban population centers. This • Strong experience in budgeting and financial planning, strategically positions Seward for Pacific Rim maritime utility management. public works, project management, commerce, human resources and employee relations, community development and economic development highly Seward enjoys a beautiful and scenic natural Alaskan desirable. environment with numerous visitor attractions. The town 522 City Manager offers day cruises, kayaking, fishing. abundant marine land-based and marine wildlife, coupled with immediate activities and wildlife, unparalleled recreation and is the access to pristine areas for hiking, mountain biking, terminus for the Alaska Railroad. Seward was named mountain climbing, cross country skiing, snow machining, All-American City in 1963 1965, and 2005. camping. fishing, white water rafting, dog mushing, sea kayaking, cold water scuba diving and other outdoor Seward experiences a maritime climate with average activities make the City of Seward a year-round outdoor winter temperatures ranging from 17 to 38 degrees 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 industry, marine trade, vessel servicing. 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 History ►" 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 f 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 Seward is proud to be the home of the Alaska SeaLife Resurrection Bay began in the 1890's with the arrival of Center. The Center is the only facility in Alaska that Captain Frank Lowell and his family. The founders and combines a public aquarium with marine research. settlers of the town of Seward arrived in 1903 to build the education, and wildlife response. While primarily railroad, dedicated to marine research and education, the Center is the only permanent marine mammal rescue and On Christmas Day. 1908, gold was discovered on Otter rehabilitation facility in the state. The Alaska SeaLife Creek, a tributary of the Iditarod River. The Iditarod Center lies at "Mile 0" of the scenic Seward Highway on Trail began as a mail and supply route from the coastal the shores of Resurrection Bay. Visitors to its "windows to towns of Seward and Knik to the interior mining camps the sea" have close encounters with puffins, octopus, and beyond to the coastal communities of Unalakleet. harbor seals, sea lions. and other marine life while Elim. Golovin, White Mountain and Nome. Later, in learning about the work conducted both in the field and in 1925, the Iditarod Trail became a life saving highway for the Center's laboratories. epidemic-stricken Nome. Diphtheria threatened and serum was sent via dogsled to the western community. The Seward offers an unbeatable year-round quality of life and Iditarod now is a national historic trail, and is called the environment to attract residents. visitors and employees. "Last Great Race on Earth." Each year an extremely The spectacular mountain and bay scenery, with abundant competitive dogsled race takes place over more than 523 Seward, Alaska 1,150 miles from Anchorage to Nome. Mile 0 in Seward is THE MUNICIPAL ORGANIZATION marked by a historical monument. Seward is a home-rule city located within the Kenai Seward was incorporated in 1912. In 1915. President peninsula Borough. A full-service City, Seward operates Woodrow Wilson chose Seward as the main railroad route under the council/manager form of government. The into Alaska's interior. The fate of the railroad fluctuated for Mayor and six City Council members exercise all many years until the advent of World War fl. During the legislative and policy-making powers of the City and war, Seward and its port prospered. Resurrection Bay perform all duties and obligations required by law. The became a strategic military port, and by 1944 the railroad City Manager is appointed by the Mayor and City Council, was one of the most prosperous in the nation. which also appoints the City Attorney and City Clerk. Year- round staffing is approximately 88 FTE. Seasonal In 1984, an earthquake measuring 9.2 on the Richter employment increases staffing to approximately 150 FTE, scale was centered 95 air miles northeast of Seward. The with the bulk of the increase occurring in the Harbor quake, several tsunami waves, and resulting fires severely and Parks & Recreation Department. damaged the town and the rail yards. Eventually both the town and railroad were restored, but rail service took The Kenai Peninsula Borough was incorporated in 1964. many years to recover. Remnants of that earthquake can as a second-class borough. An elected Mayor serves as still be seen along the waterfront today, with a movie the chief administrator of the Borough and works with an being shown at the Seward Library during the summer elected 9-member legislative assembly, on which Seward months. has one seat. The Borough is responsible for area-wide education, solid-waste management, planning and zoning, SEWARD AT A GLANCE taxation and assessment. 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. (14,11sq. mi. land; 7.44 sq. mi.water) 4 Total Housing Units: 1,086 (2010) 1 Households: 928 (2010) tip. Average Household Size: 2.14 (2010) a Average Family Size: 2.87 (2010) "9 Median Household Income: $74,397(2010) Mean Annual Temperature: 40.6 °F 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. 524 City Manager Challenges and Opportunities • Addressing challenges in recruitment.. compensation, development and retention of City staff. as well as Seward is a small community where big things are staff succession planning. happening. The next City Manager can expect to work closely with elected officials, City staff, and other P Helping to guide the organization and community community stakeholders on a wide variety of challenges through changes in the employee relations and opportunities, including: environment, including contract negotiations and • There is opportunity to create a new and positive possible opt-in under the Alaska Public Employment organizational culture in Seward, to build a high Relations Act(PERA). performing municipal organization and to significantly improve relations with the community. The effort will Hazard mitigation and response planning, and involve strategic planning among elected officials, City emergency operations planning. staff and community stakeholders as well as staff and leadership development and team-building. '�ta�,,:,&w.., ,� lrs✓ o, „.'�`"'iMm»vi�ls 1ft�{a ;r ; • Developing and maintaining a sustainable City long- range financial plan and budget. There is an w opportunity to enhance methodology and develop 1.7 more useful financial tools for the City Council, City - staff and public. • Overseeing planning. development and completion of �, significant municipal capital projects including j=.. renovation or replacement of City buildings. drainage *q ' #diversion projects and continued expansion of the JV Seward Marine Industrial Center (SMIC). Working with the Alaska Railroad to support the replacement of the cruise ship and freight docks. CANDIDATE QUALIFICATION • Working with the Army Corps of Engineers to develop CRITERIA and implement a plan to replace the Lowell Creek Canyon water diversion works and outfall tunnel. The Seward City Council is seeking candidates with high integrity, a welcoming and collaborative approach, and an + Community and economic development opportunities orientation toward results to serve as the City's next City and initiatives to address housing availability and Manager. The following education, experience, expand housing stock, diversify the local economy management and leadership style factors have been and reduce the seasonal variation in economic identified as important for candidates to possess and activity. demonstrate. Diversifying the community's energy portfolio through Education, Experlenceo securing access to natural gas and developing Knowledge and Skills alternative energy sources, including wind, geothermal, tidal and hydro. Candidates must have a bachelor's degree in public Electric, water and wastewater utility planning, administration, business administration or a related field. • operations, billing transparency. system expansion A graduate degree in public administration or a related field is preferred. and upgrades. Candidates should have at least 7 years progressively Review of the City Code to address inconsistencies. responsible experience in council/manager municipal adoption of the current editions of reference codes. government. with at least 5 years at a management level, and re-engineering the code enforcement process. Experience as a city manager, assistant city manager, or 525 Seward, Alaska other executive level position is preferred Experience in Be a person who welcomes diversity of opinion, who a rural community is a plus, as is experience in an Alaska empowers staff and who seeks to build consensus. municipality. Be a professional who keeps the City Council and City Candidates must have strong interpersonal and staff informed on issues, initiatives and projects- team-building skills. strong oral and written communication skills. and strong public speaking and Be a person who is energized by challenges and brings a presentation skills. creative and results-oriented approach to solving problems; a person who thrives in a place where there is Candidates should have extensive experience in real opportunity to make things happen. municipal financial planning and budgeting, management of municipal utilities, municipal public works Be a person who leads with an open style, views administration, contracts and project management, and stakeholders as partners, and deals with all in a economic and community development. professional. fair. straightforward, and responsive manner. Candidates must have experience in municipal human Be a critical thinker able to distill information with clarity resources management including recruitment, and who provides considered advice and a steady voice. compensation.. retention and development of staff, collective bargaining and succession planning. Be a person who believes in and has a history of organizational transparency and encouraging the Candidates must have experience in intergovernmental involvement and input of staff. relations at the State and Federal levels. including procurement and administration of grants. Be a person who embraces cultural diversity and is naturally collaborative, with a desire and ability to work Knowledge and experience in emergency management. effectively with all stakeholders, health care, environmental sustainability, renewable energy, maritime law and marine operations is desirable. Be a person who exhibits a calm. disciplined and communicative demeanor. Experience in a coastal community and an intermodal transportation environment is desirable. 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. ljl Be a patient, resilient, and visionary leader with the ability Yam... to focus on the "big picture", anticipate problems and opportunities, and understand current and past practices r�r r without being constrained by them. r. N wr 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 Management and Leadership community and who recognizes the value and importance Style of"quality of life" resources and activities. Have a sense of humor. The City Council desires that Seward's next City Manager: Be someone who enjoys the outdoors and will relish the Be a person of humility who exhibits highest standards for opportunity to live and work in a truly amazing place. honesty and integrity. 526 City Manager COMPENSATION AND BENEFITS The starting salary for the City Manager is anticipated to be approximately $130.000, 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 Ci hens City Courlc=1 "rd%&(-xnr-woo s [aw C 1-k Lrry ManagPf [,:y Attnmr.q Pfcn Oral&dwny[•..r,.. -.r PIIBILK WORKS rOMMUNITY PUBIK SAF F T Y IINAWf EIYfFRPRIS1 OPE IiAtIr1N} May I tORARY i{r MUSF.UM PARKIS&RECRFA11014 UI vF I0111VME E atlt Pnul t ...ly tinigr&+,;re 4 urspt t,, , Pdti A.E1`&W,h,.t]Mv 1,1Araa&SMif Pack,&Wmpgrou,,d, `A lK:puh tmegeiYY Aniivl,r4l trnlrf+I Elertri[. iearl l.PrltPf& Buddn,gs P"µPaaed—, I rwPrr Ncl Rtrorn larl Wat—RSrw.rr Vnlilara—a,WAC 4frnrr•;&RP,,vjf Pn Paa.ing GovHR USA 527 Seward Electric Utility Ad Hoc Committee Letter of Interest from Inside City Limits (In order of which they were received by the clerk's office) Phil Kaluza Kelli Hatfield Lori Draper M egs Testa rm ata Ristine Casagranda Spots available: 4 Number of applicants: 5 528 Karen Corrigan From: Phil Kaluza <pkal Liza @gmail.com> Sent: Wednesday, June 14, 2023 8:50 PM To: Clerks Office Subject: Seward Electric Ad Hoc Committee - Letter of Interest External Email; This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. TO: Seward Mayor& City Council: I am interested in being considered to serve on the Seward Electric Ad Hoc Committee. A brief summary of my qualifications are listed below. Residency: I have been a full-time Seward resident for over 10 yrs, and a current homeowner residing within City limits. Prior Experience in Electric Utilities: - During my 17 years living in Nome Alaska in the 80's and early 90's, I was an elected Nome Joint Utility Board Member for six years. (2-terms). Board responsibilities included the hiring and supervision of the Utility Manager and submission of proposed rate schedules, capital improvements, and annual budget to the Nome City Council for approval, The majority of work involved the Electric Department in maintaining the electrical generation and distribution of power to the community. The Utility Board also provided oversight of the Water and Sewer Department budgets and capital improvement projects. The following six years I was elected twice to serve on the Nome City Council which had ultimate authority over approving the Nome Joint Utility budget and capital improvement projects. - Participated in the previous Seward Electric Rate Study. Employment Status: Retired after 40+years in the energy efficiency/building science sector. Current Affiliations: - Appointed to a three year term with the Kenai Peninsula Borough's Resilience and Security Advisory Commission Rural Energy Enterprises- Board Member 20+yrs_ I will be out of town on June 26th and unable to attend the Seward City Council Meeting. I can provide a (dated) resume and am happy to answer any questions you may have. I believe my Alaskan small town electric utility knowledge and experience would be an asset to the Seward Electric Ad Hoc Committee. Thank-you for your consideration, Philip Kaluza t 529 Kris Peck From: Waves Tours Fiestas <wavestoursfiestas@gmail,com> Sent: Sunday, June 18, 2023 8:41 AM To: Clerks Office Subject: LOI for volunteer position on electric committee External Email:This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear clerk and council, I would like to submit a letter of interest to sit on the committe regarding Seward's options for electric utility. My time as a resident of Seward over the last 1.0 years as well as my 3 years on the city's PNZ committe will give me a unique perspective to offer the committee. Please consider me as a volunteer to help find a solution to this problem. Thank you for your time, Kelli Hatfield 1 530 Kris Peck From: Lori Draper <alaskaldraper@gmail.com> Sent: Monday, June 26, 2C23 9:33 AM To: Clerks Office Subject: Ad-hoc Electric Utility Committee External Email:This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Kris, I would like to offer to serve on the upcoming ad-hoc committee on the electric utility. I have lived in Seward and Alaska for 46 years. In 2012 1 retired from a thirty-four year career in banking, where I started as a teller and left as a district manager. I have served as Seward Rotary president three times and now serve as the district membership chair. I have served on the hospital board, the Chamber of Commerce board, Mt. Marathon Race Committee, am active in my church and have held many other volunteer positions. I recognize the seriousness of the state of our utility and would like to offer any assistance I can bring to the committee. Thank you far your consideration Lori Draper 907-201-1872 1 531 Kris Peck From: Megs Testarmata <akfisherwoman@yahoo.com> Sent: Monday,June 26, 2023 4:03 PM To: Clerks Office Subject: ad hoc electric committee Attachments: OIT Transcript.pdf External Email:This email Originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dcar City Clerk and Council, I became aware late last week that there is a ad hoc committee forming regarding Seward's electric service and its future. I would be willing to serve on this committee and use the expertise I acquired in obtaining my last degree 10 years ago, a B.S in Renewable Energy Engineering from Oregon Institute of Technology. I took classes in electrical engineering, including power transmission, and worked on projects that required the analysis of economic feasibility. Attached is my transcript, in the event you would like the details of my related educational experience. I live in the Seward city limits, first came to Seward in 1983, bought a home here in 1994, and have a strong interest in transparency in government. Thank you for letting me know if I can be of service to the community in this role. Megs Testarmata 907- 250-1962 t 532 Registration Term:Fall 2020 09l3*204211$120 0711 X1020 06:32 pm Main Man. Finendal Aid P-1 MEwmaB- Stadant P_.v Menu aACM. 5rTE NAY HELP Etrr Academic Transcript -,Oregon InStitnte of Technology _- Thai IS NOT an Offitral tr&WJ7'gt.CoUrseS which are in progress may also be included on this Lranstnpt. Institution Credit Transcript Totals Transcript Data STUDENTINFOR14ATION Name= Margaret M.Testarmata CUrrindutu Tnf0rm4ti0n Current Program Major and Department- Renewable Energy Engineering,Electrical& Renewable Energy "'This is NOT an Official Transcript- DEGREES AWARDED Undergraduate Bachelor of Degree date: Dun 15,2013 awarded: Science Institutional Magna Cum Laude Honors: Curriculum Information Primary Degree Major: Renewable Energy Engineering INSTITUTION CREDIT -Top- Subject Course Level Title Grade Credit Quality R Hours Points EE 223 UG Elect Circuits H AC/'_nd Order A 4.000 16.00 ENGR ell UG Statics A 4.000 16.00 Term Totals(undergraduate) Attempt Hours Passed Earned GPA Holirs Quality GPA Hours Hours Points Current Term: 8.000 8.000 8.00E 8.00E 32.00 4,00 CtmSulative: 8.000 8.000 S.D00 8.000 31.00 4.00 Unofficial Transcript Additioal standing: President's List Subject Course Level Title Grade Credit Quality R Hours Points EE 225 UG Circuits III Laplace Tr2ns/App A 4.00E 16A0 EE 321 UG Electronics I-Amplif&Semlcon A 5.000 20.00 MET 326 UG Electric Power Systems A 3.0D0 12,00 REE 243 UG Electrical Plower B 4.OD0 12.00 Term Totals(Undergraduate) Attempt Hours Passed Earned GPA Hours Quality GPA Hours Hours Points Current Term: 16.000 16.000 16.00E 16,000 60.0E 3..75 Cumulative: 24.000 24.000 24.000 24.000 02.00 3.83 Unofficial Tarocipt Additional Standing: President's List Subject Corse Level Title Grade Credit Quality R Hours Points CHE 260 UG Electrochemistry for RE applic A 4.000 16,00 EE 419 UG Power Electronics A 4.000 16.00 ENGR 231 UG Fluid Mechanics A 4.000 16.0E REE 331 UG Fuel Cells A 3.000 12.00 Terns Totals(Undergraduate) Attempt Hours Passed Eanied GPA Hours Quality GPA Hours Hours Points Current Term: 15.000 15.000 15.000 15.000 60.00 4.D0 Cumulative: 39.D00 39.000 39.000 39.000 152.00 3.89 Unofficial Transcript 533 Subject Course Level Title Grade Credit Quality R Hours Points REE 407 UG Greenhouse GasACr/Ftpdnt A 7.000 12.00 Terns Totals(Undergraduate) Attempt Hours Passed Earned GPA Hours Quality GPA Hours Hours Points Current Tenn: 3.000 3.000 3.000 3000 12.00 4.00 Cumulative:. 42.000 42.000 42.000 42.000 164.00 3.90 Unofficial TTanscnpt Subject Course Level Title Grade Credit Quality R Hours Points REE 307 UG Ocean Renew Energy A 3.000 .2.Q0 Term Totals(Undergraduate) Attempt Hours Passed Earned GPA Hours Quality GPA Hours Hours Points Current Term: 1.DOD 3.000 3.OW 3000 12.00 4.00 Cumulative: 45.000 45.000 45.DOO 45.000 176.00 3.91 Unofficial Trws npt �, ... ,-I... .. Additional Standing: President's List subject Course Level Title Grade Credit Quality R Hours Points ENGR 465 UG Capstone Project A 2.000 8.00 REE 307 UG Engineering Design Projects A 1..000 4.D0 REE 337 UG Materials for RE Applications A 3.000 12.00 REE 453 uG Power System Analysis 8 3.000 9.00 REE 463 UG Energy Systems Instrumentation A. 3.000 12.00 Term Totals(Undergraduate) Attempt Hours Passed Earned GPA Hours Quality GPA Hours Hours Points Current Term: 12.000 12.000 12.0D0 12.000 45.00 3.75 Cumulative: 57.000 57.000 57.DD0 57.000 222.00 3.87 U nafficial Tra.nwipt Additional Standing: Dean'S List subject Course Level Title Grade Credit Quality R Hours Points EE 456 UG Control System Design B 4.000 1100 ENGR 465 UG Capstone Project C 2.000 4.00 REE 412 UG Photovoltaic Systems A 3..000 12.00 REE 454 UG Power Syst Protection&Ctnrl A 3.000 1.2.00 Term Totals(Undergraduate) Attempt Hours Passed Eamed GPA Hours Quality GPA Hours Hours Paints Current Term: 12A)D0 12.000 12.000 12.DD0 40.00 3.33 Cumulative: 69.000 69.000 69.000 69.W0 2151.00 3.78 unofficial Tancnipt Subject Course Level Title Grade Credit Quality R Hours Points. ENGR 465 UG Capstone Project R 2.000 &GO MECH 323 UG Heat Transfer 1 A 3.000 1100 REE 413 UG Electric Power Conv Systems A 3.000 12.00 REE 413 UG Electric Power Conv Sys Lab A 0.000 0.00 REE 469 UG Grid Integration of Renewables A 3.000 12.00 Term Totals(Undergraduate) Attempt Hours Passed Earned GPA Hours Quality GPA Hours Hours Points Current Term: 11.000 ii.000 11.000 11.000 42.00 3.81 Cumulative: 80.000 80.000 80.000 80.000 303.00 3.78 unofficial Tansciipt TRANSCRIPT TOTALS(UNDERGRADUATE) -Top- Level Comments: Awarded Credit based upon Examination MATH 361 Statistics-4 qtr hrs Attempt Hours Passed Hours Earned GPA Hours Quality GPA Hours Points Total Institution: 80.OD0 80.000 80.000 80.W0 303.00 3.78 unofficial Tanscnpt RELEASE:8.7.1 '6 2020 E:llueian Company L.P.and its affiliates. 534 RECEIVE-- .4C _A_, I T_j OFFICE OF THE CITY CLERK _E _. : aim- , C- T i L AT � t 0 -- i _ IIII � 0 r � E S V L� E L E IL I- T- L A f 4-' o 6.�t A Zlj E E �A f 0- 4 T E.D-�- W, TITA I t\� 535 Seward Electric Utility Ad Hoc Committee Letter of Interest from Outside City Limits (In order of which they were received by the clerk's office) Carolyn Roemer Lynda Paquette Randy Stauffer Kevin Dunham Jim McCracken Spots available: 3 Number of applicants: 5 536 Kris Peck From: Carolyn Roemer <crroemer333@gmail,com> Sent: Monday, June 12, 2023 10:30 PM To: Kris Peck Subject: AdHoc Committee for Electric Service. External Email: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Eli Kris, In advance of a public request, I would like to submit my name to be considered for this committee Thanks! Carolyn Roemer 907-362-7866 Sent from my !Phone 1 537 Kris Peck From: Civic Engagement Inc, <admin@civic-engagement-inc.org> Sent: Thursday, June 22, 2023 1:21 PM To: Clerks Office; Kris Peck Cc: Karen Corrigan Subject: Out of town seat on the ad hoc committee for electricity External Email This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear City Council and Administration, I apologize for my delay in submitting this email letter of interest for an out of town seat on the newly formed ad hoc committee to discuss the future of the electricity department. I was not aware that there was a deadline coming up so quickly. There was no mention of a deadline in the newspaper and it wasn't until I read the article in today's paper that made it clear what was happening with this committee and I called Kris right away. I am very interested in serving should you still need somebody. I sat on a different ad hoc committee for the electric department previously. I am familiar with the utility. I have 5 meters myself including a solar panel meter. It would be my honor. Thank you in advance for your consideration. Warmest Regards & Much Love, Lynda Civic Engagement Inc. A 501(c)3 organization 1.907.491,2378 personal cell 1 538 Kris Peck From: Randall Stauffer <mount10man@alaskan.com> Sent: Thursday, June 22, 2023 12:05 PM To: Clerks Office Subject: Application for Ad Hoc Committee Attachments: Ad Hoc Application.odt External Email:This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Kris Peck, Please see my attached application to serve on the Ad Hoc Utility Committee. Thank you, Randy Stauffer 539 . ..... . .. ... .. .. . . . . . ..... ... . . ..... . . . . .. . . . .. . . .. . . . . .. Application To Serve On Ad Hoc Utility Committee Name: Randy Stauffer Residence: 10490 Bear Paw Drive Seward, AK 99664 Mailing Address: P.O. Box 683 Seward, AK 99664-0683 Phone Number: 907-224-8827 Email Address: mount10man@alaskan.com Seat: 1 of 3 from the greater utility service area Background: • l have lived in the Seward area for over 20 years and have owned homes both inside and outside of the city limits. • I have a degree in electrical engineering. • 1 am a retired project engineer and project manager with more than 40 years of experience working on the installation and commissioning of complex mechanical equipment and electrical control systems. • 1 worked as a project engineer at The Alaska SeaLife Center for 10 years with responsibility over many projects (both new installations and retrofits) including being responsible for the installation of the heat pump & heat ex-changer system that extracts heat from Resurrection Bay to help heat the building. {This is the same type of system the City of Seward is considering to provide future sidewalk snow melt.) • 1 was a member of the Seward/Bear Creek Flood Service Area Board for 15 years including several years as the Board's vice-chair and Chairman. • In both my professional life and as a member of the SBCFSA Board, I have worked on many projects involving local, state or federal governments. • As a home owner, I have kept a detailed spreadsheet summary of every utility bill I have receiver since moving to the area. I can instantly recall Seward's KWH electric rate for any given month in the past 20 years] • I would like to be able to represent utility customers outside of the city limits that currently have no voice in utility matters since we cannot vote in city elections. would be honored to be selected to serve on this ad hoc committee to help serve our community and insure Seward's future energy needs. 540 Kris Peck From: Delbert Dunham <kevin.dunham19@gmail.com> Sent: Wednesday,June 28, 2023 9:26 AM To: Clerks Office Subject: Ad hoc committee External Email:This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. I would like to offer to be on the ad hoc committee that will look at re-structuring the Seward Electric utility department. I'm retired, but have over 40 years of experience working for Railbelt utilities: 16 years at Golden Valley Electric, 23 at Chugach Electric, and a few years as a consultant to Homer Electric, Matanuska Electric and also a short time for the City of Seward. My experience consists of power plant operations,SCADA system operations, (supervisory control and data acquisition,} and 9 years as Supervisor of System Operations at Chugach. Post retirement I started my own business to specifically help HEA and MEA set up their Power Control centers when they ended their long-term sole-power contracts with CEA, and to teach high voltage switching safety practices to the Railbelt utility linemen,wiremen and technicians. Thanks for your consideration, Kevin Dunham 25975 Primrose Rd Seward,Ak 907-288-2412 home 907-748-4449 cell Sent from my iPhone 1 541 ... ...... .. . ... July 12023 Mr. Kris Peck, City Clerk City of Seward. AK This letter is rn response to a notice on behalf of the Seward City Council requesting local residents interested in participating in an ad hoc committee to discuss the current status of the Seward Electric utilty. With additional information on the scope of work and time line to accomplish said scope of work, I am willing to participate as one of the members from outside the city limits. I have a meter in and outside the city limits. I have participated in various community functions over the years, to include Chamber of commerce board, Lowell point community council board,Seward-Bear creek Flood board,J a p p creek task force. SMFTA task force, Seward fish and game advisory committee. Couple of these with 20+years of participation. I will attend the July 10, 2023 Seward City Council meeting to discuss this ad hoc committee. 1 4Jirn Cracken 542 ................... i C'irV of'Sei'4rd.AlaNka I'amii-i.21, A r'.r+7rrr7;g [ rir fM',N,%1w,' 1(i IM 1(,•r;1lie.• Akn,9, 2021 CALL TO ORDER The May 9, 2023 regular meeting of the Seward Planning & Zoning, Ciao wil' ,,1011 'w, called to order at 7:00 p.m. by Chair Clare Sullivan. OPENING CEREMONY Commissioner Nathaniel Charbonneau led the.Pled t- ,\Iletsizince In tht ROLL CALL There were present: Clare Sullivan presiding, and Vanessa Verhey Nathaniel Charbonneau Victoria Monaco Brenan Hornseth Daggs Sean Ulman Comprising a quorum of the Commission; and Courtney Bringhurst. City Planner Brenda Baliou, City Clerk P Excused--Staggs Absent—None 'r CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING —None APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Charbonneau/Monaeo) Approval of Agenda and Consent Agenda Motion Passed Unanimous The clerk read the lirllowint approved consen[ agcnda items: Approval of the April 4,2023 P&Z Nlecting Minutes. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards—None City Administration Report. City Planner Courtney Bringhurst stated she had attended the American Planning Association national conference in Philadelphia and it had been a great opportunity to interact with 543 01NCita?W,Altuk-a It)I-A Inuit ['oini lssiol1 1h"-Ili 1 tiIiWel,'. 4lui 'r, 'C!'.i I'nhrr w.y. !'errs J other pi,nlncr . 5hc included in toni.glit's p iclxt ,r comprehensive �Wri[C upl ol-kec takc.tmay.,, I'r0111 sevcl-al ..rcaS. incluKii11w1 public liousinag. /.c}ning and cquit}. pcidi iiig, and acce,,siNe and inclusivc cn0rc nnicnt5. *" Ile .tankd a list and xtiAnted to incorporate many of the best practices into the commission's work. Other Reports and Announcements—None Presentations None PUBLIC HEARINGS Resolutions Requiring Public Hearing Resolution 2023-011, Recommending Kenai Peninsula Borough Approval Of The Preliminary Replat Of Dairy Hill Subdivision, Tracts 1-5, Tract 5; Located At 212 & 213 Dairy Hill Ln & 1601 Phoenix.Rd; Creating Dairy Hill Subdivision Addition No, 1, Tracts 5A, 511& 5C. Motion (CharbonneauNerhey) Approve Resolution 2023-01.1 13ringhurst said this resolution would create two new parcels, both of which already had access t., sc�N ei, and ��ater. There N ati a read contiflLiation }Matted. but the read would need to be constructed. Uect.ric u.nuld hat c to be bt-ought 1n,as �vv1i as a lire h%dr,uit al the end of the newly- constructed cul-de-sac portion cif the new road, 'The reinninder of the p Liwel \Xuuld retrain in its current state. Lot 5A would be the only lot in the flood zone. Notice of"the public hearing being posted and published as required by law was noted and the public hearing was opened. Steve Leirer, inside tic cit;. had provided a lavdmvii vw-lier Loday. He wished to divide the property so that ne« liorie could be constructed oil ;1 110111011 nl'tltc land. Jennifer Carr, in ide the city. lived near this property. She tank to the. mectin, tonight to understand where the houshic, was proposed to be developed. No one else appeared wid the public hearing was closed. Bringhurst said lots 5A and 513 were proposed to by dv eloped. ( harboilll�:,111 watt pleased th,lr the tit]Iit\: cawnlent.ti \1ere already in place. He had walled the propene .111d lhc7u1ht the Iots in question looked buildahle. Nlon-,ico concurred; she h'ad also walked the propert\ and thoutdit the lots looped good for developing. Motion Passed Unanimous 544 0 a P I Ar !'1annII;(.it Z))Iing{ !rI�I+ll vv.,rY+I I k e'r112,ti I Ib;Iftes lt I „bile N, 1'u;;c° 13_ - Resolution 2023-012, Recommending City Council Approval Of The Land Use Amendment To Rezone A Portion OY Proposed Tract 5A, Dairy Hill Subdivision Addition No. 1, From Single-FarnilN Residential (R1) Zoning District To Resource Management (RN) Zoning District. Motion (C'harbanneau/Monaco) Approve Resolution 2023-012 BringhUrst said Tract 5i1 ttine llareel, lout was cirrrently split into two zones. This 1'.� IL111011 sVotrld remove the split anti nial1 c the entire Tract 5 a single zone of Resource N'lana,,crnrnt (R1/1). VWice r?l the public hearing Ilemi! posled d/h/1)1&1iXhCd u.� required by law was rioted and the public!rcai-ing it-as opened. Steve Leirer, inside the city, said this rezone would correct the split zoning on Tract 5A. He wanted to remove the R1 zoning and make it all RM. No one else appeared and the public hearing was closed Motion V.ZMWcl Unanimous Resolution 20213-013, Recommending The City Council Amend Portions Of Seward City Code; 15.10.140(B) Definitions, Pertaining To Bunkhouse, Lot, And Lang-Term Rental; 15.10.222 Development Requirements Table, Updating The Minimum Buildable Lot Size For Single-And Two-Fam il)! Residential Zoning Districts, And Adding Table Notes For Lot Frontage; And 1.5.10.2126 Land Uses Allowed Table, Adding Long-Term Rental, And Changing The Outright Use Of Dormitories In The Office Residential And Institutional Zoning.Districts To Require Conditional Use Permits. Motion (CharbonneauNerhey) Approve Resolution 2023-013 Bri11�htrrtit said the commission had condUc.ted work sessions on this topic starting in November last year and going through April this}car. Notice of ilie public hearing being pasted and published ay r•egiiil•ecl bs, hmr was noted and the IMblir hew-ing 7r,u.s opened. No one appeared and the Imhlic J+eur irz I tt<<., closicd Sullivan thought the commission hiiLi cork a lot of w ork c_}n L1evelttl?in+, this rest)lutinn. Charbonneau ccotuurred and thought the cctrnnilssion had been thormi.ggh. Motion Passed Unanimous UNFINISHED BUSINESS—None NEW BUSINESS i 545 City oJ'Seward,Alaska Planning&Zoning Cornnussion Xteeting Minutes hlcn 9. 2023 Volume 8, Page 14 Other New Business Items Mscuss 2023 Planning and Zoning Priorities For the joint work session with city council on flay 22,2023. Brtnghurst reviewed the commission's 2023 priorities. Wscuss the topic for the May 23, 2023 work session: Cemetery Presentation and Cemetery Master Plan Review. INFORMATIONAL ITEMS AND REPORTS Reminder. P&Z Joint Work Session with City Council on May 22, 2023 at 6.00 p.m. A quorum is required, Reminder:P&Z Work Session on Mai=23, 2023 at 6:00 p.m. Reminder: P&Z Meeting on June 6, 2023 at 7:00 p.m. CITIZEN COMMENTS—None COMMISSION AND ADMINISTRATION COMMENTS AND RESPONSES TO CITIZEN COMMENTS Ulm- _. dizinked L3ringhurst for the great information from the AFA conference. Hornseth zi1)prrc1.i1ed Bringhursl (Or brim-hig �pwd information back to the commission and thanked the clerk for working with the commission. Charbonneau thanked administration and the clerk. Verhey was pleased to see members 41I' the public at the meeting tonight. She thanked Bringhurst and the clerk. Monaco thanked 1-3ringhurst for atwndini, the APA conference and wished the clerk well. Sullivan apprecia[erl eN erN­_)ne coming to tonight's meeting. She was thankful that there had been public irtt ruelinjr. She tKinkcd BrW burst kv the meeting said thnrnkL!d the clerk for her Years of sere ice. g _ 1' 546 C ilv of'Seivarcf,,Alaska Planning&Zoning Corrrrrrr+`.wo)i llec'tin! .1lrrurr Vluv.'.). 207, ADJOURNMENT The meeting was acl ourned,�t 7:51 p,m. .-,.� /I CI e Sullivan City CIerk �{v r � Chair (City Sean �ystir���rri,r p �It Of S IE ti�4 P Ci SEAL Y *'IIFI'� �OF I' II I 1 547 July 2023 SuMo July August TuWa Th Th Fr Sa SuMo TuWe Th Fr Sa 1 1 2 3 4 5 2 3 4 5 6 7 8 6 7 8 9 10 11 12 9 10 11 12 13 14 15 13 14 15 16 17 18 19 16 17 18 19 20 21 22 2021 22 23 24 25 26 23 24 25 26 27 28 29 27 28 29 30 31 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Jun 25 26 27 28 29 30 Jul 1 2 3 4 5 6 7 8 Holiday- Independence Day 9 10 11 12 13 14 15 7:OOpm CC Mtg (Council 7:OOpm P&Z Mtg Chambers) -Cancelled 16 17 LWomrk 19 20 21 22 Z ssion 23 24 25 26 27 28 29 7:OOpm CC Mtg Chambers 30 31 Aug 1 2 3 4 5 Council Calendar 1 7/6/2023 8:39 AM 548 August 2023 September 2023 August 2023 023 SuM Tho TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 3 4 5 1 2 6 7 8 9 10 11 12 3 4 5 6 7 8 9 13 14 15 16 17 18 19 10 11 12 13 14 15 16 20 21 22 23 24 25 26 17 18 19 20 21 22 23 27 28 29 30 31 24 25 26 27 28 29 30 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Jul 30 31 Aug 1 2 3 4 5 7:OOpm P&Z MeetinQ 6 7 8 9 10 11 12 6:OOpm HPC 7:OOpm HPC Regular Meeting (Council 13 14 15 16 17 18 19 7:OOpm CC Mtg 6:OOpm P&Z (Council Work Session (Council Chambers 20 21 22 23 24 25 26 27 28 29 30 31 Sep 2 7:OOpm CC Mtg Council Calendar 2 7/6/2023 8:39 AM 549 September 2023 2023 Th September 2023 October September TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 1 2 3 4 5 6 7 3 4 5 6 7 8 9 8 9 10 11 12 13 14 10 11 12 13 14 15 16 15 16 17 18 19 20 21 17 18 19 20 21 22 23 22 23 24 25 26 27 28 24 25 26 27 28 29 30 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Aug 27 28 29 30 31 Sep 1 2 3 4 5 6 7 8 9 Holiday-Labor 7:OOpm P&Z 12:OOpm PACAB Day MeetinQ 10 11 12 13 14 15 16 7:OOpm CC MI (Council 17 18 19 (12:00pm 21 22 23 6:OOpm P&Z PACAB Work Session (Council Chambers 24 25 26 27 28 29 30 7:OOpm CC Mtg Council Calendar 3 7/6/2023 8:39 AM 550