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HomeMy WebLinkAbout01112010 City Council Packet Seward City Council Agenda Packet -...stiff , , p .4„,... - ..ia -Tr 7 c . .- - - - - .0. .„..„,,,:: ..--; ...,_,.._ , ., _ ...,,,, 4 ..--,-.. > , 7 ,,, __.__ _ :.+- /` 4 ^ � - \\ • t � `) - January 11, 2010 C Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 The City of Seward, Alaska Itraid CITY COUNCIL MEETING AGENDA AN-America Cltv -14 ' I .r {Please silence all cellular phones and pagers during the meeting} 4s January 11, 2010 7:00 p.m. Council Chambers 1. CALL TO ORDER Willard E. Dunham 2. PLEDGE OF ALLEGIANCE Mayor 3. ROLL CALL Term Expires 2011 4. CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING. Jean Bardarson [Those who have signed in will be given the first opportunity to Vice Mayor speak Time is limited to 2 minutes per speaker and 30 minutes total Term Expires 2010 time for this agenda item.] 5. APPROVAL OF AGENDA AND CONSENT AGENDA Robert Valdatta [Approval of Consent Agenda passes all routine items indicated by Council Member asterisk ( *). Consent Agenda items are not considered separately Term Expires 2011 unless a council member so requests. In the event of such a request, the item is returned to the Regular Agenda] Tom Smith Council Member 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Term Expires 2011 A. Proclamations and Awards 1. Public Thank You to the Seward Arts Council for Sponsoring Vanta Shafer The New Years Eve Ball Pg 4 Council Member B. Borough Assembly Report Term Expires 2011 C. City Manager's Report D. City Attorney Report Marianna Keil E. Mayoral Report Pg 5 Council Member F. Other Reports, Announcements and Presentation Term Expires 2010 1. PACAB Annual Report by Member Paul Tougas. Linda Amberg 2. Report by Alaska Sealife Center Director Ian Dutton on his Council Member recent trip to Yeosu City, Korea. Term Expires 2010 3. Report by Jeff Mow on the planning of the NPS Visitor Center and Administrative Facility downtown. Phillip Oates 7. PUBLIC HEARINGS City Manager A. Resolutions Requiring a Public Hearing Jean Lewis City Clerk 1. • - . ! ! ! ! , • • - • The Disposal Of Lot AU, Cheryl Brooking _ , _ _ -- .. _ ' .. ' _ ! • - - City Attorney • - - , . , - . - • - _ - - - 11. ... . • - [Pulled by Administration] City of Seward, Alaska Council Agenda January 11, 2010 Page 1 2. Resolution 2010-002., Authorizing The City Manager To Enter Into Amendment No. 4 To The Ground Lease With Seward Ship's Drydock, Inc. For The Real Property Described As Lots 1 -A And 3, Block 7, Fourth Of July Creek Subdivision, Seward Marine Industrial Center, Seward Ship's Drydock Replat, According To Plat 2002 -22, Seward Recording District, Third Judicial District, State Of Alaska. Pg 28 8. UNFINISHED BUSINESS A. Item for Reconsideration 1. Resolution 2009 -137, Authorizing The City Manager To Enter Into A "Second Amended And Restated Agreement For Lease Of Tract 2A, Waterfront Tracts, And The Lease, Operation And Maintenance Of The Alaska Sealife Center" With The Seward Association For The Advancement Of Marine Science." Pg 34 9. NEW BUSINESS A. Resolutions *1. Resolution 2010 -003, Amending Rule 16 Of The City Council Rules Of Procedure To Reflect Changes Made To The Evaluation Process For The City Manager, City Attorney And City Clerk Pg 198 2. Resolution 2010 -004, Authorizing The City Manager To Enter Into A Contract With Prosser Dagg Construction Company And Authorizing An Amount Not To Exceed $394,651.28 For The Completion Of The North Seward Water Storage Tank & Pumping Facility Phase I — Water Main Intertie Project And Appropriate Funds Pg 202 B. Other New Business Items *1. Approval Of, the November 9, 2009 and the December 7, 2009 Special City Council Meeting Minutes and the December 14, 2009 Regular City Council Meeting Minutes Pg 217 *2. Non - objection to the Liquor License application for Peking Restaurant..Pg 231 *3. Non - objection to the Package Store Liquor license application for Gateway Liquor and Food Mart Pg 237 *4. Per Seward City Code 2.30.330, approve retaining the Port and Commerce Advisory Board in existence through January 2011 Pg 243 5. Council guidance concerning bringing forward a fluoride resolution for passage. (A pro then a con presentation will be given.) Pg 245 10. INFORMATIONAL ITEMS AND REPORTS (No action required) A. Letters received and/or sent out that were signed by the City Manager or Mayor Pg 253 1. November 20, 2009 letter to DOC Commissioner Schmidt re: SCCC emergency wastewater bypass. City of Seward, Alaska Council Agenda January 11, 2010 Page 2 2. November 27, 2009 letter re: support letter for a 1998 resolution in favor of the Kenai Mountains /Turnagain Arm National Heritage Area and attached law. 3. January 7, 2010 letters to Representative Young, Senator Begich and Murkowski. r✓ 4. December 21, 2009 letter sent to Division of Oil and Gas and Commissioner of DNR. 11. COUNCIL COMMENTS 12. CITIZENS' COMMENTS [5 minutes per individual - Each individual has one opportunity to speak] 13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS 14. EXECUTIVE SESSION A. Go into executive session to conduct the City Manager Evaluation. 15. ADJOURNMENT rnime City of Seward, Alaska Council Agenda January 11, 2010 Page 3 1 • 1 . 4. CITY OF SEWARD CERTIFICATE OF APPRECIATION PRESENTED TO THE SEWARD ARTS COUNCIL 1 _ For Hosting The 2009 Seward New Year's Eve Statehood Ball. The Seward City Council Recognizes The Community Contribution Of The Seward Arts Council And Appreciates Their Efforts On This Event. Presented on this 11 day of January 2010 r 4 o S Fts„ Cr , , i. , Willard Dunham, Mayor qP AS 1 0 V December Mayor's Report December was, of course, a busy month for all of us. Mine started off with several meetings: with local businesses and with electrical power sessions on GRETC. These were important as the final workshops along with those in January to prepare the changes approved by the Railbelt Utilities on December 4. I had the pleasure of meeting with Kenai Peninsula Borough Schools Superintendent, Steve Atwater. He has some good ideas on how to change policy for the better. These should improve the borough schools working relationships with the Alaska SeaLife Center and AVTEC and the programs they offer. December 8, 2009, I was invited by Chugach Electric to participate in the annual legislative meeting with the Anchorage legislators. Chugach presented both their federal legislative concerns and state needs and gave a briefing on GRETC and what FIB 182 will look like when signed off by the Railbelt Utilities. Both the thermal contractors working on the Mount Spurr projects and the Fire Island wind project were mentioned, and that the wind project is the furthest along. Both need legislative action and RCA approval for delivery of any power to the system. December 10, 2009, I attended a Regional Integrated Resources Plan (RIRP) meeting presented by the firm Black and Veatch who did a study for AIDEA. The meeting was for the public as well as any state utility or power company doing business in Alaska. It was held at the Captain Cook Hotel and well attended. Some good comments were presented but it was primarily a rerun of the September meetings that had sought comments from the public. It was an interesting look at what could be available to power our state by 2050. In my opinion the concept is very light regarding how to achieve these goals, including where the funds will come from and what will be the best options for power stability. The state request to be 20% renewable power by 2025 and 50% by 2050 is a lofty 411 December 15, 2009, I was invited to participate in a 20 year anniversary celebration by the Japanese Consul in Anchorage. The weather was really bad so I cancelled out. I was glad I did because Anchorage got a foot of snow and it became a nightmare for drivers. December 18, 2009, I attended a Joint Utility Task Force Committee meeting that brought all six utilities together. The purpose was to bundle the suggested changes to HB 182 GRETC for submission to the legislature in January. I have attached a copy of the summary report and agenda points for your information. In the report is an expanded summary of the Bradley Lake Project as suggested by the agreement we approved with Chugach and MEA. Please note: the agenda lists seven areas that must be agreed to by the utilities if GRETC is to work or to even survive. A follow -up meeting was set for 12/29 to once more review changes. December 29, 2009, the GRETC Drafting Group met at the Alaska Energy Conference Room. A meeting outline was given by Jim Strandberg, AEP. It is also attached for your information. Fairbanks offered several amendments as did most of us as the meeting progressed. The good news is we may have a consensus which will be decided on January 6 & 7, 2010 in Anchorage. With the legislative session starting January 19 I believe we are running out of time. I have not been given a copy of the legislative hearings done this past year but I assume I will see them one of these days. It does seem possible to keep all six utilities at the table as the last two meetings have been more positive. I have attached two pages that address establishing a natural gas storage depository in the Swanson River Gas Field. This is something that has come from our many meetings and concern for a stable gas supply for southcentral energy needs of the utilities. In Alaska politics this will not happen without 5 some battles I am sure. I've no doubt we will be called upon to testify and lobby for its passage in Juneau. The RCA seems committed but I would bet a southcentral brownout would be more help than anything else. Anyway, please read, and if you have questions please ask. That about sums up the meetings regarding the utilities. I had interesting individual meetings with representatives of the two banks in Seward. Phillip and I had some very open and frank talk about how they see the financial situation here now and future prospects. Actually, they seemed very upbeat. Ideas were discussed and I am sure we will be hearing about new services that are coming available in Phillip's managers' report in the future. I brought up the comments made at our meeting with the real estate agents earlier: that fmancing in Seward was usually done by mortgage companies rather than the banks. The bank representatives agreed, stating that banks are called upon to require a bigger loan participation by the borrowers. During the month I got introduced to the two 2 grade classes from William H. Seward Elementary School. As "host" I had the opportunity to tell them about what we do and how they will someday be running the city. It was a fun and humbling experience! A special thanks to the teachers and the parents who made this happen. Surely kids this age are the most curious and upbeat citizens of Seward. They went on that day to tour local business establishments and the various facilities that make Seward special. I crashed the city employee's Christmas Party and Santa's program at the Rae Building. I wanted them all to know how much we appreciate the work they do. Pride in our city is what makes Seward a great place to live, work and raise our families. Bev and I attended the New Year's Party sponsored by the local art group. I want to thank all these hardworking Seward residents who made it happen. It was a great "do ", to see whole families having a great time together and enjoying the friendship and fellowship we share. In closing my report, the 2009 saga is over and what a year it has been. As a matter of fact, as we end this century's first decade, I think things are going to be just dandy! Willard Dunham, Mayor January Schedule so far: January 6 -7: GRETC meeting at Chugach Board Room, Anchorage. January 14 -15: KPB EDD Workshop in Kenai January 17: Alaska SeaLife Center Oceans Gala in Anchorage January 29 -30: Meeting with Legislature in Juneau followed by February 1 -4: Meeting with the congressional delegation in Washington D.C. There will also be additional meetings with local area business people and how to improve relations between them and the city. 6 NOTICE OF PETITION FOR DECLARATORY RULING BY COOK INLET NATURAL GAS STORAGE, LLC. The REGULATORY COMMISSION OF ALASKA (Commission) gives notice that on December 21, 2009, Cook Inlet Natural Gas Storage, LLC, (CINGS), (Docket U -09 -124 / P -09 -016) filed a petition for declaratory ruling and a request for expedited consideration of the petition. CINGS proposes to construct an independent, third -party natural gas storage facility in a nearly depleted natural gas reservoir in the Cannery Loop Unit near Kenai, Alaska. Once the natural gas storage facility is operational, CINGS' customer, which may be South Central Alaska utilities, will be able to store pipeline quality natural gas they have purchased in the reservoir until needed, most notably to meet peak winter demands. CINGS seeks a decision on whether the Commission has jurisdiction over its proposed natural gas storage project under either AS 42.05 or AS 42.06. You may obtain more information about this filing from Tina M. Grovier with Birch Horton Bittner & Cherot at 1127 West Seventh Avenue, Anchorage, Alaska 99501; (907) 276 -1550. You may inspect the filing at the Commission's office at 701 W. 8th Avenue, Suite 300, Anchorage, Alaska 99501; (907) 276 -6222. The filing may also be reviewed using the Commission's website at http: // rca .alaska.gov /RCA/Web /home.aspx. The Commission recommends reviewing the questions set out in Orders U -09- 124(1) / P- 09016(1) before providing comments. The Commission may grant or deny the Petition and the request for expedited consideration. To comment on this filing, please file your comments into Dockets U -09 -124 / P -09 -016 by January 8, 2010, at the Commission address given above or by using the Commission's website at https: // rca. alaska. qov/ RCAWeb/ WhatsNew /PulbicNoticesComments.aspx. Please include a statement that a copy of the comments has been delivered or mailed to Birch Horton Bittner & Cherot at its address noted above. Individuals or groups of people with disabilities, who require special accommodations, auxiliary aids or service, or alternative communication formats, please contact Joyce McGowan at (907) 276 -6222, toll -free at 1- 800 - 390 -2782, or TTY (907) 276 -4533 or send a request via electronic mail to rca.mail analaska.gov by January 4, 2010. DATED at Anchorage, Alaska this 24th day of December 2009. REGULATORY COMMISSION OF ALASKA Robert M. Pickett ‘kope Chairman 7 1 STATE OF ALASKA 2 THE REGULATORY COMMISSION OF ALASKA 3 Before Commissioners: Robert M. Pickett, Chairman 4 Kate Giard Paul F. Lisankie 5 Anthony A. Price Janis W. Wilson 6 7 In the Matter of the Petition for Declaratory ) 8 Judgment Regarding Jurisdiction of the) U -09 -124 Regulatory Commission of Alaska Under ) 9 AS 42.05 Over the Natural Gas Storage Project) ORDER NO. 1 Proposed by Cook Inlet Natural Gas Storage, LLC ) 10 11 In the Matter of the Petition for Declaratory ) P -09 -16 Judgment Regarding Jurisdiction of the ) 12 Regulatory Commission of Alaska Under) ORDER NO. 1 AS 42.06 Over the Natural Gas Storage Project ) 13 Proposed by Cook Inlet Natural Gas Storage, LLC ) 14 15 ORDER REQUIRING FILING, PROVIDING OPPORTUNITY FOR COMMENTS AND LEGAL BRIEFS, ADDRESSING TIMELINE FOR 16 DECISION, DESIGNATING COMMISSION PANEL, AND APPOINTING ADMINISTRATIVE LAW JUDGE 17 ea 01 a ° 18 BY THE COMMISSION: c c rn N 19 Summary rn ^ o z 65 0 20 We require Cook Inlet Natural Gas Storage, LLC (CINGS) to file a concise • y N 2 E 21 bullet point statement of material facts. We set a date for interested persons to file E �N 22 comments and set a date for interested persons to file legal briefs on this matter. We vw mN p 9 o 0 23 address the timeline for decision. The chairman designates the commission panel and , ti 24 a docket manager and appoints an administrative law judge. a rn 25 26 U- 09- 124(1)/P -09 -16(1) — (12/24/2009) Page 1 of 6 8 Page 1 of 1 From: Sherrie M. Siverson Date: 12/4/2009 11:48:13 AM Subject: Regional Integrated Resource Plan (RIRP) for the Alaska Railbelt - DRAFT REPORT December 4, 2009 The RIRP DRAFT REPORT is now available online at httn: / /wcuw.akener ore/ regi. onalinteg t where there is a link to each part of the report outlined below. Report is available in Electronic Version only which may be viewed, downloaded or printed from the web. Please note: Paper copies will not be distributed at the December 10, 2009 meeting. If you have difficulty accessing the current web page and report, please refresh your browser cache and by again. • Alaska RIRP Draft Report — Part 1 of 6 • Cover • Disclaimer /Acknowledgements • Table of Contents • List of Tables • List of Figures • Section 1 - Executive Summary • Alaska RIRP Draft Report — Part 2 of 6 • Section 2 - Project Overview and Approach • Section 3 - Description Assessment • Section 4 - Description of Existing System • Section 5 - Economic Parameters • Section 6 - Forecast of Electrical Demand and Consurhption • Section 7 - Fuel and Emissions Allowance Price Projections • Section 8 - Reliability Criteria • Section 9 - Capacity Requirements • Alaska RIRP Draft Report — Part 3 of 6 • Section 10 - Supply -Side Options • - Section 11 - - OSM /EE Resources • Alaska RIRP Draft Report — Part 4 of 6 • Section 12 - Transmission Projects • Alaska RIRP Draft Report — Part 5 of 6 • Section 13 - Summary of Results • Section 14 - Implementation Risks and Uncertainties • Section 15 - Conclusions and Recommendations ..--- • Section 16 - Near -Term Implementation Action Plan (2010 -2012) • Alaska RIRP Draft Report — Part 6 of 6 • Appendix A - Susitna Analysis (HDR, Inc.) " - • Appendix B - Transmission Stability Analysis (to be included in Final Report) • Appendix C - Financial Analysis (Seattle- Northwest Securities Corporation) • Appendix D - Existing Generation Units • Appendix E - Regional Load Forecast • Appendix F - Detailed Results - Scenario 1A • Appendix G - Detailed Results - Scenario 1 B • Appendix H - Detailed Results - Scenario 2A • Appendix 1- Detailed Results - Scenario 28 Sterne M. Siverson Alaska Industrial Development and Export Authority (AIDEA) and Alaska Energy Authority (AEA) 813 West Northern Lights Blvd. Anchorage AK 99503 Te ephone (907) 771-3009 Facsimile (907) 771 -3044 E -mail: sliver, nnuaidea.or9; ***ADEN. / ALASKA 9 12/9/2009 Joint Utility Task Force Committee Meeting n Anchorage Municipal Light and Power i Chugach Electric Association, Inc. �°' City of Seward, Light and Power Division Golden Valley Electric Association, Inc. Homer Electric Association, Inc. Matanuska Electric Association, Inc. / December 18, 2009 Friday 10:00 a.m. Chugach Electric Association, Inc. Anchorage, Alaska p A 9 114vt G� v °1Q 34, v I . ' Convene Meeting* i 01 evised GRETC Model II . Agreement from all the Utilities and the State that the Legislation must reflect the following: ftisd > Participation is not mandatory > Asset transfers are not mandatory The conditions for financial participation by the State must be identified —' �' in legislation. > Utilities may develop projects outside of GRETC organization > Language must be added that indicates that rules of the road have to be established and upheld. > GRETC to be unregulated ��', oc 0 — IV. Meeting Schedule /Calendar Review �r H V. Comments VI. Adjourn* , (For those of you who will not be able to attend in person the dial in number for this meeting is 1- 877 -393 -3856, access code is 1053617) * Denotes Action Items 12/17/2009 11.1O.05 AM 10 , GRETC GREATER RAILBELT ENERGY & TRANSMISSION CORPORATION I Honer Vitt Clcclr r, j� Assoc et �,r V 4 P - _ Inc ! :`. ` _!� CHUGW I M 9. } POWERING ALASKA'S FUTURE '` _ kiits,,- Together, Building a Future .__ cisf r: , r , a , e , ,..„ a x�` + 4160, December 4, 2009 Update 11. Making the case for GRETC... our present situation: • Limited, aging transmission infrastructure • Aging generation resources • Depleted and /or expensive fuel resources • Economic uncertainty • Capital requirements of regional large -scale alternative /renewable projects are beyond the borrowing ability of any one individual Railbelt utility ...has lead to: • Very limited development of alternative /renewable projects • Limited projects aggregating economies of scale from the entire Railbelt ...except one, the Bradley Lake Hydroelectric public /private partnership r- BRADLEY LAKE - PUBLIC /PRIVATE PARTNERSHIP Grant /debt funding & asset ownership 1 Bradley Lake Project Low -Cost Financing Management Committee Economic Stability & Growth (utility managed asset) Labor & Prof./ Technical Services ..1 'J i s - . r A Stable & Affordable Energy pit OJ = ML4 1,,A 4 Power Sales Agreements 1 A HE,q CHUG= i r • The Railbelt has a unique opportunity to transition the single project concept to meet future regional needs: • Significant financial strength to shoulder Tong -term debt • Make use of State financial underwriting • Combined technical expertise and corporate leadership to manage and operate G &T system • Risk to any one utility is minimized • Benefit is shared across all Railbelt consumers • Regional Integrated Resource Planning (IRP) for future G &T projects 12 GRETC's vision.... a stable, secure and affordable energy future: • A robust transmission system capable of delivering the benefit of new large -scale projects to all Railbelt consumers • Diversification of fuel supply and resource options • Minimization of risk to any one utility • Ensure low -cost financing will reach all Railbelt consumers • Rate stabilization through large, long -lived power projects • Regional planning will provide all regions with equal reliability r GREATER RAILBELT ENERGY & TRANSMISSION CORP" `'.!h4E.A • RI iak 1 Grant /debt funding & Funding from utilities transitional asset ownership GRETC Sloe Low -Cost Financing (utility managed corporation) Economic Stability & Growth Labor & Prof./ Technical Services it: R) " V Stable &Affordable Energy CHUGA MLa me Alternative/ renewable op project 1 dlment, on integration and interconnecti Power Sales Agreements Operating and spinning reserves Transmission operation Buy /Sell interconnection g and Services Fuel supply aggregation, acquisition, storage & scheduling 1 r f 4nn'. � r ti OVA. E � ► ' i f r, j � f c E a.; M LP 1 depends on project scope and scale 13 GRETC FUNCTIONS, GOVERNANCE, ` OWNERSHIP & FINANCING *void Administra Ops & plaint. Participating utilities Participating utilities equally share in project share in project O &M governance and costs based on administration costs energy /capacity share Project Scale Governance Ownership Financing ncr[i Energy/ AEA AEA Bonds— moral obligation from SCA Capacity (transfer w GRETC after Potential for grant funds wah repayment obligation Share bonas.ro saki) Utilities guarantee debt service payments more than $1 billion EEcA Energy/ AEA AEA Bonds moral h SOA Capacity (transfer to GRETC after potential for grant t funds with repayment obligation Share are paid) Utilities guarantee debt service payments less than $1 billion Energy/ Ci d Capacity GRETC Participating utilities finance their respective share less than $0.5 billion Share Near - term projects... Fuel Alternatives /� Critical Transmission Alternative Energy iii • Gas storage project • SVC replacement • Establish wind integration system • Evaluate gas exploration • Alaska Intertie repairs standards opportunities • Coordinate geothermal development Interconnection Standards efforts with independent power producer • Transmission • Large hydroelectric technical analysis • Generation • Wind development • Coordination to aggregate small projects Mid-term projects... Fuel Alternatives /A Transmission Alternative Energy 48, • LNG import option analysis • Anchorage-Kenai capacity increase — • Nikiski LNG facility Girdwood SVS • Work with municipalities on • New LNG facility • Anchorage - Soldotna transmission garbage - fueled power plants • Direct injection — reservoir upgrade storage • Eklutna line substation enhancements • West Cook Inlet coal bed • Douglas- Lorraine Intertie completion methane pilot project • Lorraine tap for Mat -Su prison and port • Propane/LNG North Slope • Transmission to connect alternative options energy projects 14 ( ( C A Rational Plan for the Alaska Railbekk • Results of the Railbelt IRP 0. CPI . ^ E . NER Y AUTHORITY ' r P : 4 t A., ;§ `� The Alaska Railbelt IRP December 9th, 2009 24 A Rational Plan for the Alaska Railbelt Energy By Resource Type 7,000 6,000 rr Ocean Tidal 5,000 L �g ■ Wind t • Municipal Solid Waste 0 4,000 Geothermal 0 Hydro w 3,000 w Purchase Power 16-" IN Fuel Oil 2,000 • Nuclear • Coal 1,000 • Natural Gas 0 d ti O co co O N LO 00 �t ti O M Cfl O Scenario 1 -B e- r r N N N N M Cr) CO d' U) LC) U) U) O O O O 0 0 0 0 0 0 0 0 O. 0 0 0 0 N N N N N N N N N N N N N N N N N i t# ter:::: ALASKA ENERGY AUTHORITY Source: B &V RIRP report - pg. 1 -13 The Alaska Railbelt IRP December 9th, 2009 25 (6, A Rational Plan for the Alaska Railbelt Conclusions . Preferred Resource Plan DS M / EE Programs (2011) ► Anchorage and GVEA MSW (2012) ► Fire Island Wind (2012) Southcentral Power Plant (2013) Glacier Fork Hydro (2015) Nikiski Wind (2017) Anchorage Simple Cycle Turbine (2018) GVEA Combined Cycle (2020) Parallel pursuit of Chakachamna /Susitna /Glacier Fork 0. Multiple transmission projects 41 91 1 ., ALASKA II J E;NERGV AUTHORITY December 9th, 2009 The Alaska Railbelt IRP 26 , !;A A Rational Plan for the Alaska RajIIb+ I • ENERGY.A.UTHf RITY Energy Requirements (MWh) Resource �.. — Without DSM/EE 8,000,000 With DSM /EE 7,000,000 - 6,000,000 - • a 5,000,000 - E P2 4,000,000 - IY 3,000,000 - 2 2,000,000 - 1,000,000 0 I I I I 1 1 1 1 1 1 1 1 I I I I I I I I I I I I I 1 I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 T" d ti 0 M (0 0) N L() 00 — ti O M CO 0) O O O O O O O O O O O 3 O O O O N N N N N N N N N N N N N N N N N Year Source: B &V RIRP report The Alaska Railbelt IRP December 9th, 2009 c 27 A Rational Plan for the Alaska Railbelt RIRP Plan 'IA Capital Expenditures and Debt Capacity of the Railbelt Utilities $10,000,000,000 - Capital Expenditures $8,000,000,000 - $6,000,000,000 - High Debt Capacity $4,000,000,000 - 000 Low Debt Capacity $2,000,000,000 Conclusions - $0 r n I I r 1 1 1 1 1 - 1 1 1 1 n 1 1 1 1 1 - 1 - r - n O m l0 Ql N oo Tt. O m l0 al Financing the 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Future N N N N N N N N N N N N N N N N N ALASKA Source: B &V RIRP report, Seattle Northwest �., Securities ENERGY ALITM 'ORITV The Alaska Railbelt IRP December 9th, 2009 28 A Rational Plan for the Alaska Rallbelt ALASKA I 4111L___; ENERGY AUTHORITY Conclusions - Regional or Individual Utility Future 3,000,000 Scenario 1A With Committed Units g 2,500,000 Scenario 1A Base Case 0 0 2,000,000 11/41/4) 1,500,000 1-10 ieis0000000000011111111111V- ° 1 , 000, 000 76 E 500,000 0 1 11111111111111111F1111111F11111111111111111 Nt\ 4)1 1( ‘ ( 15 ) 4 13 6 ( ( ( IP bi DP' 11 J ( IP 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 9 ( 1 , t i■ le le ( V (1. (1, (1 (1, (1. (1, ( 1 , ( 1 , Source: B&V RIRP report Year 1Dhe eialthdrath IMO SR Pc 29 s A Rational Plan for the Alaska Railbelt Schedule for completing the Railbelt Integrated Resource Plan Technical Conference - December 10th, 2009, Captain Cook - Black and Veatch RIRP Project Manager Mr. Kevin Harper and members of consultant team will explain the results of Railbelt IND Integrated Planning to the public. Public Comments accepted to January 6th, 2010. p Final Report to be issued on January 13th, 2010. ALASKA ENERGY .AUTHORITY The Alaska Railbelt IRP December 9th, 2009 30 GRETC DRAFTING GROUP MEETING December 29 2009 Nord Alaska Energy Authority Offices 813 West Northern Lights Boulevard AEA Board Room — 3 floor 8:30 AM to 12:00 PM AGENDA 8:30 AM to 8:45 AM Introductions 8:45 AM to 9:00 AM Approval of AGENDA 9:00 AM to 10:00 AM Discussion of GRETC Vision and means to transition towards it 10:00 AM to 11:30 AM Review of draft legislation `o+ -11:30 AM to 12:00 PM Review of schedule for completion of draft, coordination for committee substitute, schedule for meetings, assignment of tasks Alaska Energy Authority — GRETC /RIRP program — 12/29/09 Page 1 L 22 (r r C f-- j A Rational Plan for the Railbelt The Integrated Plan f transmission Diversified fuel supply Embraces these power *System wide Our present Situation y p concepts rates •Limited redundancy *Spread risk ' economies of scale •Dependence on fossil fuels •Limited Cook Inlet gas deliver & * State financial assistance storage *Regional planning •Aging G &T infrastructure 10.0°4r -Inefficient fuel use •Wise resource use •Difficult financing *Respond to large load •Duplicate G &T expertise growth •Techni ; sources - • -`' `Dlo:i- ._} Lr k , t? y v t� f F f: V F N' i t t Rw.e /.v' -7 ALASKIN EN ERGY AUTHORITY The Alaska Railbelt IRP December 9th, 2009 1 1 A Rational Plan for the Railbelt Current RIRP Study REGA Study Situation • Plan that economically i • Limited redundancy schedules what, when, and where to build, based • Limited economies on available fuel and of scale energy supplies Proposed Future Situation • Dependence on • 50 -year time horizon RIRP GRETC • Robust transmission fossil fuels • Competes generation, Results Formation • Diversified fuel supply • Limited Cook Inlet transmission, fuel supply • Increased • System -wide power rates ' gas deliverability and DSM/energy DSM/energy Spread risk and storage efficiency options efficiency • • Aging G &T • Includes CO regulation • Increased • State financial assistance infrastructure —♦ —0 renewables planning ND • Includes renewable • • Inefficient fuel use energy projects • Reduce - Wise resource use • Difficult financing • Arrives at a plan to build dependence t • Respond to large load future infrastructure for on natural gas growth • Duplicative G &T minimum long -run cost to • Increased Financing Options expertise ratepayers transmission • Technical resources • Pre - funding of capital • Considers fuel supply requirements • New technologies options and risks • Commercial bond market • State financial assistance (Bradley Lake model) sr • Construction- work -in- progress / 411111= ENERGY AUTHORITY December 9th, 2009 The Alaska Railbelt IRP 17 k. ( A Rational Plan for the Alaska Railbelt Energy By Resource T ype 7,000 6,000 5,000 :-.,, i O cean Tidal _ rvn l ' 3 ■ Wind ■ Municipal Solid Waste Ca 4,000 Geothermal Hydro W 3,000 ! ■ Purchase P ®wer i _� 2 ' ■ Fuel Oil Ut w 2,000 � ■ Nuclear • Coal 1,000 • Natural Gas 0 "1" d o 0) N Lo ti O M o, Scenario 1 -B R- r N N N N Cr) Cr) C) d' d In L() 1!) O O O O O O O O O O O O O O O O O co N N N N N N N N N N N N N N N N N if iv-17-;, ALASKA Source. B&V RIRP report 1-13 :. E !E.NERG H I IT1�' p p9 The Alaska Railbelt IRP December 9th, 2009 25 A Rational Plan for the Alaska Railbelt RIRP Plan 1 A Capital Expenditures and Debt Capacity of the Railbelt Utilities $10,000,000,000 Capital Expenditures ..-- $8,000,000,000 ...--X-/ 1 $6,000,000,000 High Debt Capacity r $4,000,000,000 cry Low Debt Capacity $2,000,000,000 Conclusions - $Q ,1 , , ; , , , , r Cr N- O m LO al N tll 00 % ct N 0 m LO G Financing the r rl N N N N m m m d d d in Ln Li in 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 F N N N N N N N N N N N N N N N N N Source: B &V RIRP report, Seattle Northwest ---- jjj Securities ENERGY AUTHORITY The Alaska Railbelt IRP December 9th, 2009 c 28 RaiIbelt Manager Meeting Notes itillw November 19, 2008 The following is a list of characteristics we generally see as needed to form the structural basis of a unified power provider (UPP): - Governance — 1 director & 1 CEO per participating utility - Existing assets — UPP controlled via a "beneficial service charge" - Postage stamp rates - Responsible for all O &M, resources planning & fuel supply_ - Participating utilities sign a 30 -year all requirements coritrai:r - New assets built by UPP <r' - Existing IRP's for each utility form the basis of th .i_year CWP - G &T has no ability to make retail sales `` t - Distribution service territories stay fixed .._ i rn g - UPP asset responsibility is from gel for to low side T i s' in distribution substation.- - No state agency representation on Board ofDirectors`;..,. - RCA regulated with 5 -y ear sunset } ' ' Entity ] ss7 Pi bliC _enel g.. - � { . gX poration _ thaLmitrors y a _G &T;. i.e. _Alaska _Energy. Corporation (AEC) - Interconnected Railbelt electric ' ` ilitf onl - - Legislative strategy UPP needs access to Mow cost revolving loan fund for immediate infrastructure needs; e a9CAPP' 4 '' projects gay `storage, transmission, wind - Single sourc�x econotinet: dispatch & control of all Railbelt generation & transmissi0nVets Responsible for p su� ewable o o rtunities Study`& ifprudent, e ellop S1VI conservation programs for participants - Existingsstate g vned a sse t s — AEC responsible for O &M Secure advan e eg ulato ry pprroval of the formation of the UPP tiv i • 27 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2010 -002 sad A RESOLUTION OF THE CITY COUNCIL ANAGER ENTER SEWARD, ALASKA, AUTHORIZING THE CITY NO. 4 TO THE GROUND EAS WITH ED AS SEWARD DRY INC. FOR THE REAL PRORTY AND 3, BLOCK 7, FOURTH OF JULY CREEK SUBDIVISION, SEWARD MARINE INDUSTRIAL CENTER, SEWARD SHIP'S DRYDOCK REPLAT, ACCORDING TO PLAT 2002 -22, SEWARD RECORDING DISTRICT, THIRD JUDICIAL DISTRICT, STATE OF ALASKA WHEREAS, the City is the owner of the above - described real property ( "Property") located in the City of Seward, Alaska; and WHEREAS, the City, as Lessor, leased the Property to the Seward Ship's Drydock, Inc. since 1988, with the current Ground Lease in effect since 1995, as amended (the "Ground Lease "); and WHEREAS, the Lease Term, as described in the Ground Lease, was for the period ending June 30, 2009 subject to possible extensions through June 30, 2029; and WHEREAS, Seward Ship's Drydock, Inc. desires to extend the possible maximum Lease Term through June 30, 2040; and WHEREAS, all other provisions of the Ground Lease remain unchanged; and WHEREAS, the City has determined that entering into the Amendment No. 4, in substantially the form presented at this meeting, is in the public interest and will serve a public purpose by encouraging investment in capital improvements to the Premises or the Shiplift Facility (each as defined in the Ground Lease); and WHEREAS, a public hearing meeting the requirements of Seward City Code §7.05.125 was held on January 11, 2010. 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 Ground Lease Amendment No. 4 with Seward Ship' s Drydock, Inc. in substantially the form as presented at this meeting to extend the maximum permissible Lease Term extensions described in Section 2.04 of the Ground Lease to June 30, 2040. CITY OF SEWARD RESOLUTION 2010 -002 Page 2 of 2 Section 2. The recitals above are incorporated herein by reference. Section 3. This resolution shall take effect 30 days after passage and posting. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 11` day of January, 2010. THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) 29 COUNCIL AGENDA STATEMENT ' 4 set ,c Meeting Date: January 11, 2010 , J From: Phillip Oates, City Manager a q [A t ` Subject: Seward Ship's Drydock 4 Lease Amendment BACKGROUND & JUSTIFICATION The City of Seward has leased land to Seward Ship's Drydock, Inc. ( "SSDDI ") since 1988. The current Ground Lease was entered into in 1995 for a Lease Term through June 30, 2009, subject to possible extensions. Maximum extensions of the Lease Term could not exceed June 30, 2029. SSDDI requested an amendment to the Ground Lease to allow possible Lease Term extensions through June 30, 2040. At a council work session on November 10, 2009, Jim Pruitt, President of SSDDI, notified the City Council that an extension beyond 2029 is appropriate because the acceptance of MARAD grant funds (for capital improvements to the City' s syncrolift) would authorize an extension beyond 2029. The Ground Lease Amendment No. 4, as presented at this meeting, grants S SDDI's request to amend the Ground Lease in this manner. No other changes are made to the Ground Lease. The following possible amendments were discussed and rejected because of the difficulty of reaching agreement on the terms. Amend Lease section 2.04. Define the type of improvement necessary to qualify for a Lease Term extension, remove the five year provision, clarify ambiguous language. - Require a personal guarantee from James Pruitt for obligations under the Lease and the Maintenance and Operating Agreement. (This was required by City Council in 1995 but never signed by Mr. Pruitt.) Require adoption of all Best Management Practices recommended by Alaska Department of Environmental Conservation and develop a schedule for environmental compliance. - Following June 30, 2009, begin charging fair market rental value for the City's building that was constructed with grant funds and is being used by SSDDI rent -free. - Adopt annual CPI rent increases, consistent with other City leases. Various possible amendments to the Maintenance and Operating Agreement for the City Shiplift Facility were also discussed and rejected. CONSISTENCY CHECKLIST Yes No N/A 1. Comprehensive Plan X Economic Development... 2. Strategic Plan X Economic Base... FISCAL NOTE Finance Department: ATTORNEY REVIEW Yes RECOMMENDATION Council approve Resolution 2010 - CX)Aauthorizing the City Manager to enter into Ground Lease Amendment No. 4 with Seward Ship's Drydock, Inc. GROUND LEASE AMENDMENT NO. 4 This Ground Lease Amendment No. 4 ( "Lease Amendment No. 4 ") is between the City of Seward, Alaska, an Alaska municipal corporation ( "City "), whose address is P.O. Box 167, Seward, Alaska 99664, and Seward Ship's Drydock, Inc., an Alaska corporation ( "Lessee "), whose address is P.O. Box 944, Seward, Alaska 99664, who are lessor and lessee, respectively, under that certain Ground Lease dated April 25, 1995 of certain real property located within the Seward Marine Industrial Center, Seward, Alaska (the "Lease "). This document amends the Lease as set forth herein. Item 1: Lease Term. Section 2.04 is amended to read as follows, with the intent to allow maximum possible Lease Term extensions to June 30, 2040: Section 2.04 - Extension of Lease Term. Lessee may, at its option, extend the Lease Term for one or more additional periods which shall not, in total, exceed 31 years. Notwithstanding any other provision of this Lease, no extension of the Lease Term shall cause the Lease Term to expire later than midnight on June 30, 2040. Lessee shall exercise the option granted by this section in the manner, and subject to all of the conditions, set forth in this section. (a) The exercise of an option to extend the Lease Term under this section shall be subject to the following conditions: (1 ) Lessee shall notify Lessor of the exercising of the option in the manner specified in (b) of this section. (2) Before exercising the option, Lessee shall submit to City plans for improvements to the Premises or the Shiplift Facility, an engineer's or architect's estimate of the cost of the improvements, and a schedule for acquiring, constructing and installing the improvements, and City shall have given Lessee its written approval of the proposed improvements. (3) Lessee shall designate the portion of the proposed improvements that it intends to finance with borrowed funds, and shall provide City with a written commitment from a financial institution to Tend the designated amount to Lessee. (4) Lessee shall submit to City a written estimate prepared by the financial institution that has committed to lend funds for the improvements of the number of years required to amortize the borrowed amount, with interest, in payments totaling not Tess than $100,000 per year. (5) The exercise of the option shall not extend the expiration date of the Lease Term to a date later than five years after the date the borrowed amount, with interest, will be amortized under the estimate provided under (a)(4) of this section. (b) Lessee shall give City written notice of the exercise of an option to extend the Lease Term under this section, with the documents required under (a) of this section, not later than 180 days before the date of expiration of the Lease Term, as previously extended. (c) An extension of the Lease Term under this section shall become effective on the date of the closing of the financing of the improvements described in the documents Lessee submits to City to exercise the option. Item 2: The parties acknowledge that, as a result of Ground Lease Amendment No. 3 and the corresponding replat, the Premises are described as: Lots 1 -A and 3, Block 7, Fourth of July Creek Subdivision, Seward Marine Industrial Center, Seward Ship's Drydock Repiat, according to Plat 2002 -22, Seward Recording District, Third Judicial District, State of Alaska. Item 3: Other Terms of Lease. All other terms of the Lease remain in effect and legally binding upon the parties except as expressly amended herein. The effective date of Lease Amendment No. 4 shall be when signed by both parties in accordance with Resolution 2010- of the City. City: Lessee: CITY OF SEWARD SEWARD SHIP'S DRYDOCK, INC. 0401.410 g 2241.- Phillip Oates ames T. Pruitt City Manager President ATTEST: Jean Lewis, CMC City Clerk Naiad 32 STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this day of , 2010 by Phillip Oates, City Manager of the City of Seward an Alaska corporation, on behalf of the corporation. Notary in and for Alaska My commission expires: STATE OF ALASKA ) THIRD JUDICIAL DISTRICT ) nit The foregoing instrument was acknowledged before me thisol/ day of g Q% MO by James Pruitt, President of Seward Ship's Drydock, Inc., an Alaska corporation, on behalf of the corporation. iC4Lite ) 0-- Notary in and for Alaska 11116., v " My commission expires: /.2 Co NOTARY csh h * PU 3LUC c3 t , c 7 / OF ^' 33 ilk Agenda Statement ,. oo sF Meeting Date: January 11, 2010 ,� 9 To Mayor Dunham, City Council Members % „ 11 ASt P From: Jean Lewis, City Clerk Agenda Item: Motion for Reconsideration of Resolution 2009 -137 BACKGROUND & JUSTIFICATION: Resolution 2009 -137, was passed on December 14, 2009 which authorized the city manager to enter into a "second amended and restated agreement for lease of Tract 2A, Waterfront Tracts, and the lease, operation and maintenance of the Alaska Sealife Center with the Seward Association for the Advancement of marine Science (SAAMS). On December 15, 2009, Council Member Linda Amberg came in and filed a written motion to reconsider Resolution 2009 -137. Council Member Amberg voted on the prevailing side and her motion, being filed before 5:00 pm on December 15, 2009 was timely, therefore in order. Further clarification was requested to go over the definition of operation and address concerns with transferring responsibility of the one year of full operation from SAAMS to the City. Her and Council Member Bardarson are requesting a work session, which has been scheduled for 6:00 p.m. on January 11, 2010, before the next council meeting. During the meeting, council has the option of Ms. Amberg withdrawing her motion, receiving a second and unanimous consent given, or pursue the motion to reconsider which must receive a second and ultimately 2/3 vote for Resolution 2009 -137 to be back on the table for discussion and a new vote. CONSISTENCY CHECKLIST: Yes No 1. Comprehensive Plan _ 2. Strategic Plan _ 3. Other SCC 2.10.065 (E) & _X_ _ 4. Not applicable CCRofP Rule 28 & 34 FISCAL NOTE: The lease amendment assigns an increasingly significant financial risk to the City of Seward taxpayers. See the detailed agenda statement that is attached to accompanied Resolution 2009 -137. Approved by Finance Department: X______414,h,d,A_ Attorney Review: NO (Tn this mewv� RECOMMENDATION: City Council agrees by unanimous consent to withdraw the motion to reconsider on Resolution 2009 -137, amending the lease and maintenance agreement with SAAMS as was passed on December 14, 2009, thus amending the agreement; or A motion to reconsider must be made, seconded and passed by 2/3 vote, before Resolution 2009- 137 can be back on the table for discussion and a re -vote. 4 larargi - s� IEC 15 2009 • :A Fq �\ r 3 5 Sponsored by: Oates CITY OF SEWARD, ALASKA ',N RESOLUTION 2009 -137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A "SECOND AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A, WATERFRONT TRACTS, AND THE LEASE, OPERATION AND MAINTENANCE OF THE ALASKA SEALIFE CENTER" WITH THE SEWARD ASSOCIATION FOR THE ADVANCEMENT OF MARINE SCIENCE WHEREAS, in 2006 the City of Seward ( "City ") and the Seward Association for the Advancement of Marine Science ( "SAAMS ") entered into an Amended and Restated Agreement for Lease of Tract 2A, Waterfront Tracts, and Adjacent Tidelands, and the Lease, Operation and Maintenance of the Alaska SeaLife Center (the " SAAMS AGREEMENT "); and WHEREAS, the City and the State of Alaska Department of Fish and Game are parties to a Cooperative Agreement for the Construction, Operation, and Maintenance of Research Infrastructure Improvements at the Alaska SeaLife Center, in Seward, Alaska executed in April 1995, as amended (the "Cooperative Agreement "); and WHEREAS, the City and SAAMS intended to transfer all of the obligations of the City under the Cooperative Agreement and the EVOS Trustee Council Resolution adopted November 2, 1994 to SAAMS; and WHEREAS, the City has an obligation under the Cooperative Agreement to own, operate, and maintain the Alaska SeaLife Center for the practical life of the facility, and the practical life of the facility ends upon the occurrence of both of the following: (i) the City makes a reasonable determination, as verified by an independent financial consultant selected or approved by ADF &G, that the facility is not capable of generating revenues sufficient to cover the operating expenses and debt service of the facility, and (ii) while being operated in accordance with any recommendation from the independent financial consultant and in accordance with terms and conditions of the agreement during the two -year period following the City's determination, the facility does not generate revenues sufficient to cover the operating expenses and debt service of the facility, plus fund sufficient reserves for repairs and replacements in the facility; and WHEREAS, if the City elects not to operate the facility, either because it has reached the end of its useful life or for any other reason, the City is obligated to continue operating the SeaLife Center for one year while ADF &G determines whether to exercise its option to enter assume operation of the SeaLife Center; and 36 WHEREAS, with the understanding that SAAMS would continue to operate the SeaLife Center during the one -year period in which ADF &G may exercise its option, and based on representations by SAAMS that the amount needed to mothball the SeaLife Center for one (1) year rr was $700,000 for fiscal year 2006, the City and SAAMS agreed in the SAAMS AGREEMENT that SAAMS would maintain a Termination Fund in an amount of $700,000 for fiscal year ending September 30, 2006 and increasing 3% each year; and WHEREAS, in fall 2008, SAAMS experienced a temporary cash flow shortage and asked for a temporary reduction in the amount to be held in the Termination Fund; and WHEREAS, the City supports the mission of SAAMS and was willing to take on, for a limited period, the responsibility of funding the majority of the Termination Fund; and WHEREAS, at that time, SAAMS explained the need for the proposed changes and its plan to eliminate the cash flow shortage and to fully fund the Termination Fund by September 30, 2009; and WHEREAS, to assist SAAMS in managing its operating cash flow during the fall and winter months, a temporary amendment to the SAAMS AGREEMENT was approved in January 2009 by the City which granted the option to SAAMS to access up to a total of $500,000 from the Termination Fund from March 1, 2009 until September 30, 2009 and replenish the fund to the required level on that date; and WHEREAS, this summer and fall, SAAMS entered in a renegotiation of the SAAMS AGREEMENT with the City with four principal objectives which have been achieved in the new SAAMS AGREEMENT: 1) Eliminate the Tidelands lease and the accompanying $9,000 annual lease payment to the City; 2) Reduce the Termination Fund requirement; and 3) Eliminate the annual maintenance plan and remove certain language regarding facility maintenance; 4) Shift the burden of operations and maintenance to the City for the one year period required by the Cooperative Agreement following a decision to no longer operate the SeaLife Center. The City is obligated to operate the SeaLife Center to the standard of other well' maintained and well' operated marine research facilities throughout the United States. The SeaLife Center's obligation is limited to that of a mothballed facility; and WHEREAS, the City and SAAMS negotiated the following amendments: 1) Inserted "climate change and conservation" as use of the Improvements (Section 3.6.1); 2) Modified budget reporting requirements (Section 3.11); 3) Inserted the Bank Financial Statements requirement included in the January 2009 amendment (Section 3.11.3; 4) Changed the construction bonding requirement to projects where bonding is required by State Law or for construction requiring the City's approval under the Lease (Section 4.2.2); 5) Changed the Notice of Completion requirement to work exceeding $100,000 rather than for all construction regardless of price (Section 4.3.3); 6) Revised the definition of "major repairs and replacements" to mean a discrete repair expenditure greater than $50,000, or any repair or maintenance project that is outside the scope of the annual operating budget or annual maintenance plan. The current Lease restricts the use of the repair and replacement fund to projects costing more than $50,000 37 or outside the scope of the annual maintenance plan. The annual maintenance plan is deleted (Section 5.5); and 7) Changed SAAMS' obligation to operate the Center for one -year following SAAMS' election not to operate from the standards required of the City in the Cooperative Agreement to a standard of "closed to public access and to any research activity (Section 5.6); and WHEREAS, in addition to removing the tidelands area from the SAAMS AGREEMENT which will reduce City revenues approximately $9K annually, the new Agreement allows SAAMS to access up to $500K of the Termination Fund as necessary for cash flow as long as the Termination Fund is fully restored on one day each year (September 30th); and WHEREAS, to the extent that SAAMS fails to maintain the Termination Fund and Renewal and Replacement Fund as required in the agreement, and in the event circumstances require the City to operate the Center until it is turned over to ADF &G, the City will be required to pay whatever costs are necessary to cover the costs of termination and to provide for major maintenance and repairs; and WHEREAS, the City Council has determined that it is in the public interest to enter into an amendment to the SAAMS AGREEMENT because of the public benefits provided by SAAMS to the Seward community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. For the reasons stated in the above recitals, which are incorporated herein by reference, it is in the public interest to enter into a "Second Amended and Restated Agreement for Lease of Tract 2A, Waterfront Tracts, and Adjacent Tidelands and the Lease, Operation and Maintenance of the Alaska SeaLife Center ". Section 2. The City Manager is hereby authorized to enter into a second amendment in substantial form as presented at this meeting and incorporated herein by reference. Section 3. This resolution shall take effect thirty (30) days after its adoption and posting. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 14th day of December, 2009. THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor 38 Council Agenda Statement Meeting Date: Monday, December 14, 2009 a sE It, To: City Council From: ASKP City Manager Phillip Oates , /p Agenda Item: Resolution 2009 -_, Authorizing the City Manager to enter into a "Second Amended and Restated Agreement for Lease of Tract 2A, Waterfront Tracts, and Adjacent Tidelands and the Lease, Operation and Maintenance of the Alaska SeaLife Center" BACKGROUND & JUSTIFICATION: In 2006, the City of Seward ( "City ") and the Seward Association for the Advancement of Marine Science ( "SAAMS ") entered into an Amended and Restated Agreement for Lease of Tract 2A, Waterfront Tracts, and Adjacent Tidelands, and the Lease, Operation and Maintenance of the Alaska SeaLife Center (the "SAAMS AGREEMENT "). The City and the State of Alaska Department of Fish and Game are parties to a Cooperative Agreement for the Construction, Operation, and Maintenance of Research Infrastructure Improvements at the Alaska SeaLife Center, in Seward, Alaska executed in April 1995, as amended (the "Cooperative Agreement "). The City and SAAMS intended to transfer all of the obligations of the City under the Cooperative Agreement and the *4 .1r EVOS Trustee Council Resolution adopted November 2, 1994 to SAAMS. The City has an obligation under the Cooperative Agreement to own, operate, and maintain the Alaska SeaLife Center for the practical life of the facility, and the practical life of the facility ends upon the occurrence of both of the following: (i) The City makes a reasonable determination, as verified by an independent financial consultant selected or approved by ADF &G, that the facility is not capable of generating revenues sufficient to cover the operating expenses and debt service of the facility; and (ii) While being operated in accordance with any recommendation from the independent financial consultant and in accordance with terms and conditions of the agreement during the two -year period following the City's determination, the facility does not generate revenues sufficient to cover the operating expenses and debt service of the facility, plus fund sufficient reserves for repairs and replacements in the facility. If the City elects not to operate the facility, either because it has reached the end of its useful life or for any other reason, the City is obligated to continue operating the SeaLife Center for one year while ADF &G determines whether to exercise its option to assume operations of the SeaLife Center. With the understanding that SAAMS would continue to operate the SeaLife Center during the one -year period in which ADF &G may exercise its option, and based on representations by SAAMS that the amount needed to mothball the SeaLife Center for one (1) year was $700,000 for fiscal year 2006, the City and SAAMS agreed in the SAAMS AGREEMENT that SAAMS would maintain a 39 Termination Fund in an amount of $700,000 for fiscal year ending September 30, 2006 and increasing 3% each year. In the fall of 2008, SAAMS experienced a temporary cash flow shortage and asked for a temporary reduction in the amount to be held in the Termination Fund. The City supports the mission of SAAMS and was willing to take on, for a limited period of time, the responsibility of funding the majority of the Termination Fund. At that time, SAAMS explained the need for the proposed changes and its plan to eliminate the cash flow shortage and to fully fund the Termination Fund by September 30, 2009. To assist SAAMS in managing its operating cash flow during the.fall and winter months, a temporary amendment to the SAAMS AGREEMENT was approved in January 2009 by the City which granted the option to SAAMS to access up to a total of $500,000 from the Termination Fund from March 1, 2009 until September 30, 2009 and replenish the fund to the required level on that date. This summer and fall, SAAMS entered into a renegotiation of the SAAMS AGREEMENT with the City with four principal objectives which have been achieved in the new SAAMS AGREEMENT(attached): 1) Eliminate the Tidelands lease and the accompanying $9,000 annual lease payment to the City; 2) Reduce the Termination Fund requirement; 3) Eliminate the annual maintenance plan and remove certain language regarding facility maintenance; and 4) Shift the burden of operations and maintenance to the City for the one year period required by the Cooperative Agreement following a decision to no longer operate the SeaLife Center. The City is obligated to operate the SeaLife Center to the standard of other well maintained and well operated marine research facilities throughout the United States. The SeaLife Center's obligation is limited to that of a mothballed facility. The City and SAAMS negotiated the following amendments: 1) Inserted "climate change and conservation" as use of the Improvements (Section 3.6.1); 2) Modified budget reporting requirements (Section 3.11); 3) Inserted the Bank Financial Statements requirement included in the January 2009 amendment (Section 3.11.3); 4) Changed the construction bonding requirement to projects where bonding is required by State Law or for construction requiring the City's approval under the Lease (Section 4.2.2); 5) Changed the Notice of Completion requirement to work exceeding $100,000 rather than for all construction regardless of price (Section 4.3.3); 6) Revised the definition of "major repairs and replacements" to mean a discrete repair expenditure greater than $50,000, or any repair or maintenance project that is outside the scope of the annual operating budget or annual maintenance plan. The current Lease 40 restricts the use of the repair and replacement fund to projects costing more than $50,000 or outside the scope of the annual maintenance plan. The annual maintenance plan is rr deleted (Section 5.5); and 7) Changed SAAMS' obligation to operate the Center for one -year following SAAMS' election not to operate from the standards required of the City in the Cooperative Agreement to a standard of "closed to public access and to any research activity" (Section 5.6). In addition to removing the tidelands area from the SAAMS AGREEMENT which will reduce City revenues approximately $9K annually, the new Agreement allows SAAMS to access up to $500K of the Termination Fund as necessary for cash flow as long as the Termination Fund is fully restored on one day each year (September 30th). The extent that SAAMS fails to maintain the Termination Fund and Renewal and Replacement Fund as required in the agreement, and in the event circumstances require the City to operate the Center until it is turned over to ADF &G, the City will be required to pay whatever costs are necessary to cover the costs of termination and to provide for major maintenance and repairs. Eliminating the Tidelands lease will result in a loss of $9,000 annually for the City of Seward and an increase in liability for the continued erosion and damage to the sheet wall. There are financial risks and benefits associated with the SAMMS AGREEMENT. The amended Agreement has additional risks. Administration has determined that it is in the public's interest to enter into an amendment to the SAAMS AGREEMENT because of the public benefits provided by SAAMS to the Seward community INTENT: To sign the Second Amended and Restated Agreement for Lease of Tract 2A, Waterfront Tracts, and Adjacent Tidelands and the Lease, Operation and Maintenance of the Alaska SeaLife Center, giving them time to become more financially stable. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. FISCAL NOTE: This lease amendment assigns significantly greater financial risk to the taxpayers of Seward. Under the original agreement for operation of the Alaska Sealife Center, the City intended to transfer all of its obligations under the Cooperative Agreement with the State of Alaska, to SAAMS. This was done through the creation of three reserve accounts, all of which will have been nearly eliminated under the current agreement. The first reserve account required that "SAAMS shall at all times maintain an operating reserve of not less than ten percent of projected annual operating expenses." The purpose of these reserves was to ensure positive cash flow and hedge against unexpected declines in revenue or increases in costs. In 2006, the operating reserves were estimated at approximately $1.2 million. This reserve account requirement was eliminated by the City Council. 41. The second reserve account is the Renewal & Replacement Fund. The purpose of this Fund was to accumulate resources to cover major facility repairs and replacement to protect the physical plant and assets of the ASLC in order to ensure that SAAMS did not use resources solely to fund operations. This Fund would ensure that over the life of operating the ASLC, the facility was properly maintained to ensure that any operator would be able to walk into the facility and operate it without incurring significant costs to upgrade or repair infrastructure. Under the original agreement, the amount required to be deposited annually in this Fund was defined by the following formula: 0.75 x replacement value x age / 1275, and would have required a deposit of $211,764.71 in 2009, for a balance of $1,376,470.60. This reserve Fund was eliminated by the City Council in 2006 and thereafter reduced to $500,000 on September 30, 2007 plus 3% each year, provided that SAAMS may use this fund for certain repairs or maintenance and must replenish any withdrawals within five years. The current Renewal and Replacement Fund balance at 11/30/09 is $221,290.96. The third reserve account is the Termination Fund. The purpose of this fund is to prepare for the possibility that the City would need to find a new operator or transfer ownership of the ASLC. Under the Cooperative Agreement with the State of Alaska, the City is obligated to maintain in reserves, an amount required to maintain the facility for a year, until such time as a new operator can be put into place. The amount needed to fund the Termination Fund was originally established in excess of $2 million, based on estimates that SAAMS provided of what it cost to operate the Center for a full year. However, the City Council previously agreed to reduce the balance in this Fund to $700,000, and is now being asked to allow this fund to be used for cash flow, potentially depleting any reserves which could be needed in the event that SAAMS is unable to operate the Center. In short, the City's taxpayers are assuming significant financial risks through further depletion of required reserve accounts. While this amendment will assist SAAMS with short-term cash flow requirements, it has the potential to completely eliminate all reserves previously established to protect the City's assets, ensure the viability of operating reserves, and protect the City's commitments to the State of Alaska, requiring that the City operate the facility for up to a year. Approved by Finance Department: ATTORNEY REVIEW: Yes X No RECOMMENDATION: Council approve Resolution 2009 -, Authorizing the City Manager to enter into a "Second Amended and Restated Agreement for Lease of Tract 2A, Waterfront Tracts, and Adjacent Tidelands and the Lease, Operation and Maintenance of the Alaska SeaLife Center ". 42 SECOND AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A, WATERFRONT TRACTS AND THE LEASE, OPERATION AND MAINTENANCE OF THE ALASKA SEALIFE CENTER between CITY OF SEWARD, ALASKA and SEWARD ASSOCIATION FOR THE ADVANCEMENT OF MARINE SCIENCE Effective Date: Final Second Amended and Restated Agreement 2009 43 TABLE OF CONTENTS sod 1. Definitions and General Provisions 4 1.1 Definitions 4 1.2 General Definitions 7 2. Representations and Warranties 7 2.1 Representations and Warranties of City 7 2.2 Representations and Warranties of SAAMS 8 3. Lease of Site, Improvements, and Tidelands; Transfer of Improvements to SAAMS 10 3.1 Term 10 3.2 Rental Payments 11 3.3 Quiet Enjoyment 11 3.4 Existing Improvements 11 3.5 Payment of Expenses 11 3.6 Use; Limitations on Use 11 3.7 Inspection of Site and Improvements 12 3.8 Utilities and Services 12 3.9 Taxes, Assessments, and Other Charges 12 3.10 Public Access to Site and Improvements 13 3.11 Books; Financial Statements 13 3.12 Destruction/Restoration 14 3.13 Condemnation 14 4. Additional Construction 15 4.1 City Approval of Proposed Construction 15 4.2 Conditions of Construction 15 4.3 Mechanics' Liens 16 5. Cooperative Agreement Requirements 16 5.1 Operation and Maintenance of Improvements 16 5.2 Compliance with Cooperative Agreement 17 5.3 Space for EVOS Research 17 5.5 Renewal and Replacement Fund 17 5.6 SAAMS Election Not to Operate the Improvements 17 6. Insurance 18 6.1 Under the Cooperative Agreement 18 6.2 If Not Required by the Cooperative Agreement 18 6.3 Notice to City 18 6.4 Additional Insurance Provisions 18 7. Default and Remedies 19 7.1 Events of Default of SAAMS 19 7.2 Remedies of the City on SAAMS' Default 20 7.3 City Events of Default 21 7.4 Remedies of SAAMS on the City's Default 22 SECOND AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A, Page 1 of 30 WATERFRONT TRACTS AND THE LEASE, OPERATION AND MAINTENANCE OF THE ALASKA SEALIFE CENTER 44 7.5 Informal Dispute Resolution, Mediation 22 7.6 No Remedy Exclusive 23 8. Indemnity and Exculpation 23 8.1 Limitation of City Liability 23 8.2 Indemnity 23 8.3 Site Conditions 23 8.4 Environmental Matters 24 9. Sublease or Assignment 25 9.1 Subleasing 25 9.2 Assignment 25 10. Miscellaneous 25 10.1 Permitted Encumbrances 25 10.2 No Implied Waiver 26 10.3 Successors in Interest 26 10.4 Notices 26 10.5 Parties in Interest 26 10.6 Time of Essence 26 10.7 Headings 27 10.8 Law Governing Construction of Agreement 27 10.9 Exclusive Forum and Venue 27 10.10 Severability 27 10.11 Integration and Modification 27 10.12 Additional Documents 27 10.13 Relationship of Parties 27 10.14 Other Activities 27 10.15 Use of the Name "Alaska SeaLife Center\ 28 Exhibit A Site Description Exhibit B Environmental Assessment Reports SECOND AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A, Page 2 of 30 WATERFRONT TRACTS AND THE LEASE, OPERATION AND MAINTENANCE OF THE ALASKA SEALIFE CENTER 47 said SECOND AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A, WATERFRONT TRACTS, AND THE LEASE, OPERATION AND MAINTENANCE OF THE ALASKA SEALIFE CENTER THIS AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A, WATERFRONT TRACTS, AND THE LEASE, OPERATION AND MAINTENANCE OF THE ALASKA SEALIFE CENTER (this "Agreement "), entered into as of by and between the CITY OF SEWARD, ALASKA (the "City "), and SEWARD ASSOCIATION FOR THE ADVANCEMENT OF MARINE SCIENCE d/b /a ALASKA SEALIFE CENTER, an Alaska nonprofit corporation ( "SAAMS "), amends and restates in its entirety that certain Amended and Restated Agreement For Lease of Tract 2A, Waterfront Tracts and Adjacent Tidelands, and the Lease, Operation and Maintenance of the Alaska SeaLife Center effective November 8, 2006 as amended to the date hereof (the "Amended and Restated Agreement ") between the City and SAAMS. WHEREAS, SAAMS generated the concept and secured support for a marine research, education and rehabilitation institution in Seward, Alaska to be operated by SAAMS as an independent, nonprofit organization with a mission to understand and maintain the integrity of the marine ecosystem of Alaska; and WHEREAS, SAAMS secured funding for the improvements to house this institution through the Alaska Legislature, the City's issuance of non - recourse revenue bonds, solicitation of private donations and the Exxon Valdez Oil Spill Trustee Council, whose administrative arm was the Alaska Department of Fish and Game, in response to the overwhelming need for better marine research infrastructure in Alaska and a forum to educate the public about the marine ecosystem of Alaska; and WHEREAS, the City supported this concept by providing waterfront property for the site of the improvements under a long -term lease, acting as a conduit for grant funding for the construction of the improvements, including under the Cooperative Agreement (defined below), and issuing non - recourse revenue bonds secured by SAAMS to provide part of the financing for the construction of the improvements; and WHEREAS, the City is the owner of certain premises more fully described in Exhibit "A," attached hereto and made a part hereof (the "Site "), on which SAAMS has constructed and operates improvements owned by the City (the "Improvements "). housing an institution for marine research, rehabilitation, husbandry and education, pursuant to the Prior Agreements; and WHEREAS, the City and the State of Alaska Department of Fish and Game are parties to a Cooperative Agreement for the Construction, Operation, and Maintenance of Research Infrastructure Improvements at the Alaska SeaLife Center, in Seward, Alaska executed in April SECOND AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A, Page 3 of 30 WATERFRONT TRACTS AND THE LEASE, OPERATION AND MAINTENANCE OF THE ALASKA SEALIFE CENTER 46 1995, as amended (the "Cooperative Agreement "), concerning the construction, operation and maintenance of the research and rehabilitation components of the Improvements described therein (the "EVOS Facility "); and WHEREAS, the parties under Prior Agreements transferred all of the obligations of the City under the Cooperative Agreement and the EVOS Trustee Council Resolution adopted November 2, 1994 to SAAMS, except to the extent that the Prior Agreements expressly provided otherwise; and WHEREAS, the City is legally authorized to enter into this Agreement, SAAMS is legally authorized to enter into this Agreement, and the City Council of the City has determined that it is in the public interest to enter into this Agreement for the lease of the Site and the Improvements by negotiation and without appraisal of the fair market value of the Site and the Improvements. NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES and of the mutual covenants herein set forth, the parties hereto agree and covenant as follows: 1. Definitions and General Provisions 1.1 Definitions. The following terms shall, for all purposes of this Agreement, have the following meanings: 1.1.1 "ADF &G" means the Alaska Department of Fish and Game. 1.1.2 "Agreement" means this Second Amended And Restated Agreement For Lease Of Tract 2A, Waterfront Tracts, And The Lease, Operation And Maintenance Of The Alaska SeaLife Center as originally executed or as it may from time to time be amended by one or more amendments entered into pursuant to the applicable provisions hereof. 1.1.3 "Award" means all compensation, sums, or anything of value awarded, paid, or received on a total or partial condemnation. 1.1.4 "City" means the City of Seward, Alaska. 1.1.5 "Condemnation means (a) the exercise of any governmental power, whether by legal proceedings or otherwise, by a condemnor, and (b) a voluntary sale or transfer to any condemnor, either under threat of condemnation or while legal proceedings for condemnation are pending. 1.1.6 "Condemnor" means any public or quasi - public authority, or private corporation or individual, having the power of eminent domain. SECOND AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A, Page 4 of 30 WATERFRONT TRACTS AND THE LEASE, OPERATION AND MAINTENANCE OF THE ALASKA SEALIFE CENTER 47 Y.. 1.1.7 "Cooperative Agreement" means the Cooperative Agreement for the Construction, Operation, and Maintenance of Research Infrastructure Improvements at the Alaska SeaLife Center, in Seward, Alaska executed in April 1995, as amended, between ADF &G and the City. 1.1.8 "Date of Taking" means the date the condemnor has the right to possession of the property being condemned. 1.1.9 "Environmental Laws" means all local, state, and federal laws, ordinances, regulations, and orders related to environmental protection; the use, storage, generation, production, treatment, emission, discharge, remediation, removal, disposal, or transport of any Hazardous Substance. 1.1.10 "Event of Default" means any of the events specified as an event of default of SAAMS in Section 6.1, of the City in Section 6.3, or elsewhere in this Agreement. 1.1.11 "EVOS Facility" means the research and rehabilitation components of the Improvements, described in the Institute of Marine Science Infrastructure Improvements Exxon Valdez Oil Spill Trustee Council Project #94199, Project Description and Supplemental Materials, dated September 26, 1994, Section 6, Schematic Design, as modified during their initial construction and by subsequent alterations and improvements. 1.1.12 "EVOS Requirements" means the obligations of the City described in the Resolution of the EVOS Trustee Council adopted November 2, 1994. 1.1.13 "EVOS Trustee Council" means the Exxon Valdez Oil Spill Trustee Council. 1.1.14 "Fiscal Year" means the fiscal year of SAAMS, presently the twelve - month period ending on September 30, or any other twelve -month period that SAAMS may designate from time to time as its fiscal year. 1.1.15 "Force Majeure" means, without limitation, the following: acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; orders or restraints of any kind of the government of the United States or of the State of Alaska or any of their departments, agencies, subdivisions, or officials, or any civil or military authority (including any orders or restraints exercised pursuant to any agreement to which SAAMS or the City is a party); insurrection; riots; landslides; icebergs; typhoons; tornadoes; adverse weather conditions; tidal waves; earthquakes; tsunami; fires; storms; droughts; floods; explosions; breakage, malfunction, or accident to facilities, machinery, transmission pipes, or canals; or any other cause or event not reasonably within the control of the party whose performance is at issue. SECOND AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A, Page 5 of 30 WATERFRONT TRACTS AND THE LEASE, OPERATION AND MAINTENANCE OF THE ALASKA SEALIFE CENTER 4 8 1.1.16 "Hazardous Substance" shall be defined as any substance or material defined or designated as hazardous or toxic waste; hazardous or toxic material; hazardous, toxic, or radioactive substance; or other similar term by any federal, state, or local statute, regulation, or ordinance or common law presently in effect or that may be promulgated in the future as such statutes, regulations, and ordinances may be amended from time to time. 1.1.17 "Improvements" means all improvements to real property located on the Site, including without limitation the EVOS Facility. 1.1.18 "Indemnified Parties" means ADF &G, EVOS Trustee Council and Executive Director of the EVOS Trustee Council, the State of Alaska, the United States of America, and their officers, agents, and employees, for so long as the City or SAAMS is required to indemnify such person or entity under the terms of the Cooperative Agreement. 1.1.19 "Prime Rate" means the interest rate published in the money rates column of the Wall Street Journal and identified as the prime rate, defined in the Wall Street Journal as the general level of the base rate on corporate loans at large U.S. money center commercial banks. 1.1.20 "Prior Agreements" means the Agreement for Financing, Lease, Construction, Operation, and Maintenance of the Alaska SeaLife Center dated as of April 28, 1995, as amended to the date hereof, between the City and SAAMS and Amended and Restated Agreement for Lease of Tract 2A, Tidelands, and the Lease, Operation and Maintenance of the Alaska SeaLife Center effective November 8, 2006, as amended to the date hereof, between the City and SAAMS. 1.1.21 "Renewal and Replacement Fund Requirement" means (i) $500,000 for the Fiscal Year ending September 30, 2007, and (ii) for each subsequent Fiscal Year, the amount determined by multiplying the Renewal and Replacement Fund Requirement for the immediately preceding Fiscal Year by 1.030. 1.1.22 "SAAMS" means the Seward Association for the Advancement of Marine Science d/b /a Alaska SeaLife Center, a nonprofit corporation organized under the laws of the State of Alaska and recognized by the Internal Revenue Service under 26 USC 501(c)(3). 1.1.23 "Site" means the real property owned by the City and described on the attached Exhibit "A." 1.1.24 "State" means the State of Alaska. 1.1.25 "Termination Fund Requirement" means the amount required to maintain the Site and Improvements while closed to public access and to any research activity SECOND AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A, Page 6 of 30 WATERFRONT TRACTS AND THE LEASE, OPERATION AND MAINTENANCE OF THE ALASKA SEALIFE CENTER 49 for a period of one year pursuant to SAAMS' election not to operate the Improvements under Subsection 3.1.1, and determined to be (i) $700,000 for the Fiscal Year ending September 30, 2006, and (ii) for each subsequent Fiscal Year, the amount determined by multiplying the Termination Fund Requirement for the immediately preceding Fiscal Year by 1.030. 1.1.26 "Term" means the term of this Agreement, which shall be the duration of the lease of the Site, Improvements, by the City to SAAMS as set forth in Section 3.1. 1.2 General Definitions 1.2.1 Sections. All references in this Agreement to designated "Sections" and other subdivisions are to designated sections and other subdivisions of this Agreement. 1.2.2 General Words of Reference. The words "herein," "hereof," "hereto," "hereby," and "hereunder" and other words of similar import refer to this Agreement as a whole and not any particular section or other subdivisions. 1.2.3 SinEular/Plural. The terms specifically defined in Section 1.1 have the meanings assigned to them in that Section and include the plural as well as the singular. 1.2.4 GAAP. All accounting terms not otherwise defined herein have the meanings assigned to them in accordance with applicable generally accepted accounting practices, consistently applied, in effect from time to time. 1.2.5 Authority. Every "approval," "request," "order," "demand," "application," "appointment," "notice," "statement," "certificate," "consent," or similar action hereunder shall, unless the form thereof is specifically provided, be in writing, signed by a duly authorized officer or agent of the party or other person with a duly authorized signature. 2. Representations and Warranties. 2.1 Representations and Warranties of City. As of the date hereof, the City hereby represents and warrants as follows: 2.1.1 Good Standing. The City is a home rule city duly organized and existing under the constitution and laws of the State of Alaska. 2.1.2 Authorization. The City has the full power and authority to enter into this Agreement and to carry out its terms and provisions. 2.1.3 Consent, Approval. Except as may have already been obtained, no consent or approval of any trustee or holder of any indebtedness or obligation of the City, and no consent, approval, permission, authorization, order, or license of any governmental authority, is SECOND AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A, Page 7 of 30 WATERFRONT TRACTS AND THE LEASE, OPERATION AND MAINTENANCE OF THE ALASKA SEALIFE CENTER 50 required to be obtained by the City for the execution and delivery of this Agreement or any other instrument or agreement required of the City under this Agreement. 2.1.4 No Restrictions on Agreement. The City is not subject to any charter, ordinance, contractual limitation, or provision of any nature whatsoever which in any way limits, restricts, or prevents the City from entering into this Agreement or from performing any of its obligations hereunder. 2.1.5 No Conflicts with Other Agreements. Neither the execution and delivery of this Agreement, and the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the provisions hereof, materially conflicts with, violates, or breaches any of the material terms, conditions, or provisions of any indenture, instrument, or agreement to which the City is a party or by which the City is bound, any statute, rule, or regulation, or any judgment, decree, or order of any court or agency binding on the City, or constitutes a default under any of the foregoing which has not been waived or consented to in writing by the appropriate party or parties, or results in the creation or imposition of any lien, charge, security interest, or encumbrance of any nature whatsoever upon any of the Site or Improvements not permitted under the terms of any restriction, agreement, instrument, statute, governmental rule or regulation, court order, judgment, or decree. 2.1.6 Litigation. To the knowledge of the City, there is no action, suit, proceeding, inquiry, or investigation by or before any court, governmental agency, or public board or body pending or threatened against the City which (i) affects or seeks to prohibit, restrain, or enjoin the execution and delivery of this Agreement, (ii) affects or questions the validity or enforceability of this Agreement, or (iii) questions the power or authority of the City to carry out the transactions contemplated by, or to perform its obligations under, this Agreement. 2.1.7 Enforceability. When duly executed, this Agreement will be enforceable against the City according to its terms, except as may be limited by bankruptcy, insolvency, reorganization, or other laws affecting creditors' rights generally as amended from time to time. 2.1.8 Effect of Certificate. Any certificate signed by an official of the City duly authorized to execute such certificate and delivered pursuant to this Agreement shall be deemed to be a representation and warranty by the City as to the statements made therein. 2.2 Representations and Warranties of SAAMS. As of the date hereof, and as to Subsection 2.2.10 for the Term of this Agreement, SAAMS hereby represents and warrants as follows: 2.2.1 Good Standing; 501(c) (3) Recognition. SAAMS is a nonprofit corporation in good standing under the laws of the State of Alaska and has been determined by the Internal Revenue Service to be an organization described in 26 U.S.C. 501(c)(3). SECOND AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A, Page 8 of 30 re WATERFRONT TRACTS AND THE LEASE, OPERATION AND MAINTENANCE OF THE ALASKA SEALIFE CENTER 51 S Oild 2.2.2 Authorization. SAAMS has full corporate power and authority to carry on its business as now conducted and to enter into this Agreement. The execution and delivery of this Agreement has been authorized by proper corporate action, and this Agreement constitutes a valid and legally binding obligation of SAAMS. 2.2.3 Consent, Approval. Except as may have already been obtained, no consent or approval of any trustee or holder of any indebtedness or obligation of SAAMS, and no consent, approval, permission, authorization, order, or license of any governmental authority, is required to be obtained by SAAMS for the execution and delivery of this Agreement or any other instrument or agreement required of SAAMS under this Agreement. 2.2.4 No Restrictions on Agreement. Except as has been waived in writing by the City, SAAMS is not subject to any charter, bylaw, or contractual limitation or provision of any nature whatsoever which in any way limits, restricts, or prevents SAAMS from entering into this Agreement or from performing any of its obligations hereunder. 2.2.5 No Defaults. SAAMS is not in default of any promissory note, loan agreement, lease agreement, rental agreement, grant agreement, or any other contract or obligation. 2.2.6 No Conflicts with Other Agreements. Neither the execution and delivery of this Agreement, and the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the provisions hereto, materially conflicts with, violates, or breaches any charter, bylaw, or stock provision of SAAMS, any of the material terms, conditions, or provisions of any indenture, instrument, or agreement to which SAAMS is a party or by which SAAMS is bound, any statute, rule or regulation, or any judgment, decree, or order of any court or agency binding on SAAMS, or constitutes a default under any of the foregoing which has not been waived or consented to in writing by the appropriate party or parties, or results in the creation or imposition of any lien, charge, security interest, or encumbrance of any nature whatsoever upon any of the property or assets of SAAMS not permitted under the terms of any restriction, agreement, instrument, statute, governmental rule or regulation, court order, judgment, or decree. 2.2.7 Litigation. To the knowledge of SAAMS, there is no action, suit, proceeding, inquiry, or investigation by or before any court, governmental agency, or public board or body pending or threatened against SAAMS which (i) affects or seeks to prohibit, restrain, or enjoin the execution and delivery of this Agreement, (ii) affects or questions the validity or enforceability of this Agreement, or (iii) questions the power or authority of SAAMS to carry out the transactions contemplated by, or to perform its obligations under, this Agreement. SECOND AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A, Page 9 of 30 WATERFRONT TRACTS AND THE LEASE, OPERATION AND MAINTENANCE OF THE ALASKA SEALIFE CENTER O 2 2.2.8 Enforceability. When duly executed, this Agreement will be enforceable against SAAMS according to its terms, except as may be limited by bankruptcy, insolvency, reorganization, or other laws affecting creditors' rights generally as amended from time to time. 2.2.9 Effect of Certificate. Any certificate signed by an officer of SAAMS duly authorized to execute such certificate and delivered pursuant to this Agreement shall be deemed to be a representation and warranty by SAAMS as to the statements made therein. 2.2.10 Mission. The primary corporate purpose and mission of SAAMS is, and will remain for the duration of the Term of this Agreement, the operation and maintenance of the Improvements as a marine research, rehabilitation and education facility and to a standard that is comparable to that of other well- operated and maintained marine research facilities throughout the United States. SAAMS will apply all donations and appropriations of public funds that are made to or for the Alaska SeaLife Center to carry out this corporate purpose and mission. 3. Lease of Site, and Improvements. The City leases to SAAMS and SAAMS leases from the City the Site and Improvements subject to the terms and conditions of this Agreement. 3.1 Term. The Term of the lease by the City to SAAMS and SAAMS agreement to operate and maintain the Site and Improvements shall commence on April 28, 1995. The Term of this Agreement shall terminate at the end of the practical life of the Improvements or as provided in Section 3.1.2. 3.1.1 Practical Life of Improvements. The practical life of the Improvements shall: 3.1.1.1 For so long as the Cooperative Agreement remains in effect, end upon the occurrence of both of the following: (i) SAAMS makes a reasonable determination, as verified by an independent financial consultant selected or approved by the City, that the Improvements are not capable of generating revenues sufficient to cover the operating expenses and debt service of the Improvements, plus fund the renewal and replacement fund for the Improvements as required in Section 5.4; and (ii) while being operated in accordance with any recommendation from the independent financial consultant and in accordance with terms and conditions of this Agreement during the two -year period following SAAMS' determination, the Improvements do not generate revenues sufficient to cover the operating expenses and debt service of the Improvements, plus fund the renewal and replacement fund for the Improvements as required in Section 5.4; or 3.1.1.2 If the Cooperative Agreement has terminated, end upon the date that SAAMS makes a reasonable determination that the Improvements are not capable of generating revenues sufficient to cover the operating and proactive maintenance expenses of the Improvements, plus fund the renewal and replacement fund as required in Section 5.4. SECOND AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A, Page 10 of 30 WATERFRONT TRACTS AND THE LEASE, OPERATION AND MAINTENANCE OF THE ALASKA SEALIFE CENTER 53 3.1.2 Limitation of Term. In no event shall the Term of this Agreement extend beyond the earlier of (i) April 28, 2048, and (ii) any event causing damage to, or destruction of, the Improvements, where the cost of repairing or restoring the Improvements, net of any available reserves and insurance proceeds not reduced for applicable deductibles and coinsurance, exceeds ten percent (10 %) of the replacement cost of the Improvements. 3.2 Rental Payments. 3.2.1 Site and Improvements. With regard to the Site and Improvements, SAAMS shall pay to the City a yearly rental of One Dollar ($1.00), payable on the first day of the Term, and thereafter on the first day of each calendar year during the Term. SAAMS has prepaid such rent for the entire Term. 3.3 Quiet Enjoyment. The City covenants and agrees that SAAMS shall have quiet enjoyment of the Site, Improvements during the Term. 3.4 Existing Improvements. The City and SAAMS acknowledge that there are certain improvements currently located in, on, or around the Site that existed before the date of the Previous Agreements. Such improvements now owned by the City shall remain the property of the City. Subject to Sections 3.4.1 and 3.4.2 of this Agreement, SAAMS may use, sell, demolish, remove, or otherwise dispose of any such improvements located on the Site. The City shall receive no compensation for such improvements other than the performance of SAAMS' covenants under this Agreement. 3.4.1 Utilities. SAAMS may, at its own expense and subject to the written approval of the City relocate, sell, demolish, remove, or otherwise dispose of City utilities on the Site. 3.4.2 Fourth Avenue Dock. The parties acknowledge that the Fourth Avenue Dock was decommissioned. SAAMS may not make the Fourth Avenue Dock available for the docking of vessels without the written permission of the City. SAAMS may, at its own expense, (i) remove parts of the Fourth Avenue Dock as necessary to render the dock unusable by vessels, including without limitation bollards, fender poles, and bumpers: and (ii) either render the dock safe for public access or prevent such access by constructing a fence or other equivalent means to block access. Except as permitted by this paragraph, SAAMS shall not sell, demolish, remove, or otherwise dispose of the Fourth Avenue Dock without the written permission of the City. 3.5 Payment of Expenses. SAAMS shall be responsible for the payment of all expenses relating to the management and operation of the Site and Improvements. 3.6 Use Limitations on Use. SECOND AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A, Page 11 of 30 WATERFRONT TRACTS AND THE LEASE, OPERATION AND MAINTENANCE OF THE ALASKA SEALIFE CENTER - 54 3.6.1 Use. The Improvements shall be available for use by the general public and shall be used as a facility dedicated to understanding and maintaining the integrity of the marine ecosystem of Alaska through research; with specialized capabilities for studies on marine mammals, marine birds, fish, climate change; conservation, rehabilitation, public education, and public visitation. 3.6.2 Cancellation of Insurance. SAAMS shall not do, bring, or keep anything in or about the Site and Improvements that will cause a cancellation of any insurance covering the Site and Improvements. 3.6.3 Compliance with Laws. SAAMS shall comply at all times with any and all Federal, State, Kenai Peninsula Borough, and City statutes, ordinances, rules, regulations and judicial and administrative decisions governing the use and operation of the Site, Improvements, including without limitation the terms and provisions of the conditional use permit for the Alaska SeaLife Center, as such term is defined in the Cooperative Agreement, issued by the City Planning and Zoning Commission. 3.6.4 Waste; Nuisance. SAAMS shall not use the Site and Improvements in any manner that will constitute waste, nuisance, or unreasonable annoyance. 3.7 Inspection of Site and Improvements. The City may periodically inspect the Site and Improvements in order to ascertain the condition of each, but the exercise of this right shall not imply any obligation to do so nor any obligation to do so in any particular way. 3.8 Utilities and Services. SAAMS shall make all arrangements for and pay for all utilities and services furnished to or used by SAAMS at the Site and Improvements, during the Term. 3.9 Taxes, Assessments, and Other Charges. SAAMS shall pay all real and personal property taxes, sales taxes, special assessments, and other charges of every description levied on or assessed against the Site, improvements on the Site, personal property located on the Site, the leasehold estate, or SAAMS' business operations located on the Site, to the full extent of installments falling due during the Term. SAAMS shall make all such payments before delinquency and before any fine, interest, or penalty shall become due or be imposed by operation of law for their nonpayment; provided that SAAMS may pay any such payment in installments where permitted by law, but shall pay any installment with interest before delinquency. SAAMS may contest the legal validity or amount of any tax, assessment, or charge for which SAAMS is responsible under this Agreement. If SAAMS contests any such tax, assessment, or charge, SAAMS may withhold or defer payment or pay under protest, but shall protect the City and the Site from any lien by surety bond or other appropriate security. 3.9.1 Taxation. To the extent that sales by SAAMS and rents paid to SAAMS related to the visitor and educational parts of the Improvements are exempt from City sales tax ikkase SECOND AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A, Page 12 of 30 WATERFRONT TRACTS AND THE LEASE, OPERATION AND MAINTENANCE OF THE ALASKA SEALIFE CENTER 55 only because SAAMS is a nonprofit corporation, SAAMS will collect on all such sales and rents and remit to the City an amount equal to the City sales tax that would be due on such sales and rents if such sales and rents were not exempt. 3.10 Public Access to Site and Improvements. , SAAMS acknowledges that public use of, and access to, the Site and Improvements are material factors in the determination by the City that this Agreement is in the public interest. SAAMS shall permit public use of, and access to, the Site and Improvements as provided in this Section, in addition to all other public use of the Site and Improvements. 3.10.1 Public Use of Site and Improvements. Subject to fees and regulations that SAAMS may adopt, SAAMS shall permit the general public to use the grounds of the Site and the interior of the visitor and education portion of the Improvements at times outside the regular business hours of the visitor and education portion of the Improvements. 3.10.2 Public Access to Plaza and Bike Path. Subject to regulations adopted by SAAMS, SAAMS shall make the plaza on the Site accessible to the general public at all times, and shall design, construct, and maintain the Site and Improvements so that the general public shall have reasonable pedestrian access between the Site and the bike path on adjacent City property. 3.10.3 Public Restrooms. SAAMS shall maintain restrooms on the Site that are available to the general public without paying for admission to the visitor and education portion of the Improvements during the regular business hours of the visitor and education portion of the Improvements. 3.11 Books; Financial Statements. 3.11.1 Books of Record and Account. SAAMS shall keep proper books of record and account in which complete and correct entries shall be made of all transactions relating to the Site and Improvements. Such books of record and account shall at all times during business hours be subject to the inspection of the City or its authorized representatives. 3.11.2 Detailed Budget Report. Each quarter, beginning, January, 2009, SAAMS will provide the City with an updated detailed budget report including budgeted grant revenues and estimated revenues from all other sources. The budget reports will be provided as per normal SAAMS Board reports. 3.11.3 Bank Financial Statements. On a monthly basis SAAMS will provide the City with copies of third party bank or financial institution statements detailing the balances of the Renewal and Replacement Fund and Termination Fund held by SAAMS. SECOND AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A, Page 13 of 30 WATERFRONT TRACTS AND THE LEASE, OPERATION AND MAINTENANCE OF THE ALASKA SEALIFE CENTER 56 3.11.4 Financial Statements. SAAMS shall cause to be prepared and filed with the City annually, within one hundred eighty (180) days after the close of each Fiscal Year during the Term, its annual audited financial statements, accompanied by an opinion in writing of an independent certified public accountant. For the purpose of any provision of this Agreement that requires SAAMS to maintain a specified balance in a special fund, the balance in the fund shall be determined as of the last day of the Fiscal Year, in accordance with the audited financial statements for that Fiscal Year. 3.11.5 Nonprofit Status. SAAMS shall promptly notify the City upon receipt of any notice from the Internal Revenue Service questioning or revoking recognition of SAAMS as an organization recognized under 26 USC 501(c)(3). The notice to the City shall describe any material adverse change to the financial condition of SAAMS that would result from SAAMS ceasing to be recognized as a 501(c) (3) organization. 3.12 Destruction/Restoration 3.12.1 Total or Partial Destruction; Obligation to Restore. If, during the Term, the Improvements are totally or partially destroyed, rendering the Improvements totally or partially inaccessible or unusable, SAAMS shall restore the Improvements to substantially the same condition as they were in immediately before destruction, except as provided in Sections 3.13.1.1 and 3.13.1.2. 3.12.1.1 If the cost of repairing or restoring the Improvements, net of any available repair and replacement reserves and insurance proceeds not reduced by applicable deductibles and coinsurance, exceeds ten percent (10 %) of the then replacement cost of the Improvements, SAAMS can elect to terminate this Agreement by giving notice to the City within fifteen (15) days after determining the restoration cost and replacement value, and this Agreement shall terminate. 3.12.1.2 If the existing laws do not permit the restoration, either party can terminate this Agreement immediately by giving notice to the other party. 3.12.2 City Not Obligated to Restore Improvements. The City shall be under no obligation to use or advance any of its own funds to restore any damage to, or destruction of, the Improvements. 3.13 Condemnation. 3.13.1 Rights and Obligations of Parties Governed by this Agreement. If, during the Term, there is any taking of all or any part of the Site and Improvements, or any interest in this Agreement (collectively the "Premises ") by condemnation, the rights and obligations of the parties shall be determined pursuant to this Section 3.14. SECOND AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A, Page 14 of 30 WATERFRONT TRACTS AND THE LEASE, OPERATION AND MAINTENANCE OF THE ALASKA SEALIFE CENTER 57 3.13.2 Total Taking. If the Premises are totally taken by condemnation, this Agreement shall terminate on the Date of Taking. 3.13.3 Partial Taking. If any portion of the Premises is taken by condemnation, this Agreement shall remain in effect, except that SAAMS can elect to terminate this Agreement if the remaining portion of the Premises is rendered unsuitable for SAAMS' continued use of the Premises. 3.13.4 Payment of Award. The Award shall be payable first, to ADF &G, to the extent required under the Cooperative Agreement, and second, to SAAMS; except that the City shall receive from the Award the amount attributable to the value of the Site without Improvements. 4. Additional Construction. The following conditions govern all construction on the Site on and after the date of this Agreement, including alterations, additions to, and reconstruction of, the Improvements. 4.1 City Approval of Proposed Construction 4.1.1 Construction on the Site. Construction (i) having a value not exceeding five hundred thousand dollars ($500,000), or (ii) related to exhibits or renewals or replacements shall not be subject to approval by the City. Before commencing any construction that is not described in the preceding sentence, SAAMS shall deliver to the City, for the City's approval, a set of plans and specifications for the construction prepared by an architect or engineer licensed to practice as such in the State of Alaska. The City shall approve the proposed construction if it will not (i) reduce the value of the Site or Improvements, and (ii) be inconsistent with the mission of the Improvements, and which approval shall not be unreasonably withheld. The City shall be deemed to have approved the proposed construction if it does not notify SAAMS within sixty (60) days after receipt of the plans and specifications that it disapproves. 4.2 Conditions of Construction. All construction shall be subject to the following conditions: 4.2.1 SAAMS shall have obtained all permits required by federal, state, municipal, or borough governmental agencies as a condition to commencing construction. SAAMS, at its sole cost, shall obtain all permits or approvals required by applicable law or regulation, necessary to the construction. 4.2.2 All contractors for the construction on the Site shall furnish performance and payment bonds. to the extent required by A.S. 36.25.010 in the amount of the contract price, SECOND AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A, Page 15 of 30 WATERFRONT TRACTS AND THE LEASE, OPERATION AND MAINTENANCE OF THE ALASKA SEALIFE CENTER 58 and in the customary form. For all construction requiring the City's approval under Section 4.1.1 copies of all such bonds shall be furnished to the City at least ten (10) working days prior to commencement of construction. 4.3 Mechanics' Liens. SAAMS shall not permit to be enforced against the Site or the Improvements, or any part of them, any mechanic's or materialman's lien arising from any work of improvement, however such lien may arise. However, SAAMS may in good faith and at SAAMS' own expense contest the validity of any such asserted lien, claim, or demand, provided SAAMS has furnished the bond required in A.S. 34.35.072 (or any comparable statute hereafter enacted providing for a bond freeing the Property from the effect of such a lien claim). SAAMS shall defend and indemnify the City against all liability and loss of any type arising out of work performed on the Site or Improvements by SAAMS, together with reasonable attorneys' fees and all costs and expenses incurred by the City in negotiating, settling, defending, or otherwise protecting against such claims. 4.3.1 Reimbursement of City. If SAAMS does not cause to be recorded the bond described in A.S. 34.35.072 or otherwise protect the Site and Improvements under any alternative or successor statute, and a final judgment has been rendered against SAAMS by a court of competent jurisdiction for the foreclosure of a mechanic's or materialman's lien claim, and if SAAMS fails to stay the execution of the judgment by lawful means or to pay the judgment, the City shall have the right, but not the duty, to pay or otherwise discharge, stay, or prevent the execution of any such judgment or lien or both. SAAMS shall reimburse the City for all sums paid by the City under this section, together with all the City's reasonable attorneys' fees and costs, plus interest on those sums, fees, and costs at the Prime Rate plus three percent (3 %) per year from the date of payment until the date of reimbursement. 4.3.2 Notice of Non - Responsibility. The City may give notice of non - responsibility for any work performed by SAAMS on the Site or the Improvements. 4.3.3 Notice of Completion. On completion of any work exceeding $100,000, SAAMS shall file or cause to be filed a notice of completion. SAAMS hereby appoints the City as SAAMS' attorney -in -fact to file the notice of completion on SAAMS failure to do so after the work of improvement has been substantially completed. 5. Cooperative Agreement Requirements. Under the Cooperative Agreement, the City is responsible for the operation and maintenance of the Improvements as a marine research, rehabilitation and education facility. By this Agreement, SAAMS agrees to perform all of the obligations of the City under the Cooperative Agreement, including without limitation the obligations described in this Section 5. 5.1 Operation and Maintenance of Improvements. SAAMS shall provide the personnel, subcontractors, equipment, and facilities to perform all things necessary to operate and maintain the Improvements during the practical life of the Improvements. SAAMS shall SECOND AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A, Page 16 of 30 WATERFRONT TRACTS AND THE LEASE, OPERATION AND MAINTENANCE OF THE ALASKA SEALIFE CENTER 59 operate and maintain the Improvements to a standard that is comparable to that of other well- operated and maintained marine research facilities throughout the United States. SAAMS shall develop and implement a maintenance plan and schedule to ensure that the Improvements are operated and maintained to the standard set forth in this subsection. 5.2 Compliance with Cooperative Agreement. SAAMS shall use and maintain the Improvements in accordance with all requirements of the Cooperative Agreement then in effect with respect to such use and maintenance. SAAMS shall not use the Improvements in any manner that would cause the City to be in breach of, or to incur any liability under, any provision of the Cooperative Agreement then in effect. 5.3 Space for EVOS Research. SAAMS shall comply with the terms of the Cooperative Agreement then in effect concerning giving priority to research related to the Exxon Valdez Oil Spill restoration mission, rent for space to conduct research funded with joint Exxon Valdez Oil Spill civil settlement funds, allocation of laboratory and office space to ADF &G for research projects at the EVOS Facility, and use of Research Equipment & Restoration Exhibitry as described in the Cooperative Agreement. 5. 5 Renewal and Replacement Fund. SAAMS has accumulated and shall maintain an amount equal to the Renewal and Replacement Fund Requirement in a special fund dedicated to pay the cost of major repairs and replacements to and within the Improvements, that otherwise would be the obligation of the City under the Cooperative Agreement. For purposes of this Agreement, "major repairs and replacements" means a discrete repair expenditure greater than $50,000, or any repair or maintenance project that is outside the scope of the annual operating budget or annual maintenance plan. Amounts may be withdrawn from the fund to pay the cost of major repairs and replacements within the Improvements, to the extent that insurance or other moneys recoverable as the result of damage or loss to the Improvements are not available to pay such cost. If a withdrawal from the fund to pay the cost of major repair or replacements within the Improvements causes the amount remaining in the fund to be less than the Renewal and Replacement Fund Requirement, SAAMS shall restore the amount in the fund to not less than the Renewal and Replacement Fund Requirement by making not more than five equal annual deposits to the fund. Nothing in this subsection limits SAAMS' responsibility to maintain and repair the Improvements in a timely manner even if the costs exceed the amount in the fund. 5.5 SAAMS Election Not to Operate the Improvements. SAAMS shall notify the City if SAAMS elects not to operate the Improvements, either because the Improvements have reached the end of their practical life as defined in Subsection 3.1.1, or if for any other reason permitted under this Agreement, SAAMS elects not to operate the Improvements. The City shall provide the same notice to ADF &G under the Cooperative Agreement within thirty (30) business days after receiving the notice from SAAMS. If the City elects not to operate the Improvements, the latter notice commences the one -year period during which ADF &G shall have the option to enter and assume the operation of the Alaska SeaLife Center, as provided in the Cooperative Agreement. For a period of one year after giving notice to ADF &G under this subsection, SECOND AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A, Page 17 of 30 WATERFRONT TRACTS AND THE LEASE, OPERATION AND MAINTENANCE OF THE ALASKA SEALIFE CENTER 60 SAAMS shall continue to operate and maintain the Site and Improvements as defined in Subsection 1.1.25. SAAMS shall maintain an amount equal to the Termination Fund Requirement in a special fund dedicated to pay the cost of performing this obligation. SAAMS may access up to $500,000 annually from the Termination Fund between October 1 and September 29, but shall provide evidence to the City that on September 30 that this fund is fully replenished. Nothing in this subsection is intended to limit SAAMS' responsibility if the costs exceed the amount in the special fund. Any amount remaining in the fund at the end of the one - year period shall be released to the party that has assumed the operation of the Improvements. 6. Insurance. Commencing not later than the effective date of this Agreement and throughout the Term, SAAMS shall procure and maintain at its expense the insurance required under this section. All such policies shall be written by insurance companies legally authorized or licensed to do business in the State of Alaska and acceptable to the City. SAAMS shall provide to the City from time to time certificates that it has procured and is maintaining the insurance required under this Agreement. 6.1 Under the Cooperative Agreement. For so long as the Cooperative Agreement requires the City to insure the Site or Improvements, the minimum insurance for the Site and Improvements shall be that required of the City under the Cooperative Agreement; provided that such insurance requirements may be modified as provided in this Section 6.1. If one or more of the required insurance coverages are not available under reasonable terms and conditions, SAAMS shall, under the guidance and direction of the State of Alaska, Division of Risk Management, use its best efforts to obtain reasonably equivalent coverage acceptable to ADF &G. If, after utilizing its best efforts, SAAMS is unable to obtain adequate insurance at a cost effective rate as reasonably determined by SAAMS, SAAMS may request a waiver of the relevant insurance requirement. The request shall outline the steps taken by SAAMS to obtain such insurance and shall disclose quotations received for coverage. Upon the written determination of the State of Alaska, Division of Risk Management that a reasonable basis exists to believe that a waiver of such insurance will not materially affect the State's risk with regard to the Improvements or any activities in, on, or around the Improvements, and approval of the requested waiver by ADF &G, the City will approve the requested waiver. 6.2 If Not Required by the Cooperative Agreement. If the Cooperative Agreement does not require the City to insure the Site or Improvements, the insurance for the Site and Improvements shall be that which the City then requires generally under leases of City property to private parties. 6.3 Notice to City. All insurance policies shall provide for thirty (30) days' notice to the City and ADF &G of cancellation and/or material change in policy terms. 6.4 Additional Insurance Provisions. The City and Indemnified Parties shall be named as additional insureds under all insurance policies maintained by SAAMS as required under Section 6.1, or SAAMS shall obtain an appropriate waiver of subrogation in favor of the Shiase SECOND AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A, Page 18 of 30 WATERFRONT TRACTS AND THE LEASE, OPERATION AND MAINTENANCE OF THE ALASKA SEALIFE CENTER 61 City and the Indemnified Parties with respect to all insurance policies to effect the same purpose. The City, ADF &G, and State of' Alaska shall be named under casualty insurance required under Section 6.1 as loss payees on any property loss settlement. The City shall be named as an additional insured under all policies maintained by SAAMS as required under Section 6.2, or SAAMS shall obtain an appropriate waiver of subrogation in favor of the City with respect to all insurance policies to effect the same purpose. The City shall be named under casualty insurance required under Section 6.2 as loss payee on any property loss settlement. 7. Default and Remedies 7.1 Events of Default of SAAMS. The following events shall constitute a "SAAMS Event of Default" under this Agreement: 7.1.1 Failure to Pay. The failure of SAAMS to pay to the City any rental or other sum of money due under this Agreement within ten (10) days after the same is due hereunder. 7.1.2 Default of Covenants or Conditions Default by SAAMS in the performance or observance of any covenant or condition of this Agreement (other than a default involving the payment of money or under Section 7.1.1), which default is not cured within thirty (30) days after the giving of notice thereof by the City, unless such default is of a nature that it cannot be cured within such thirty (30) day period, in which case no Event of Default shall be declared so long as SAAMS shall commence the curing of the default within such thirty (30) day period and shall thereafter diligently prosecute the curing of same. 7.1.3 Compliance with Health and Life /Safety Codes. Failure by SAAMS to maintain the Site and Improvements in strict compliance with health and life /safety codes as required by this Agreement. 7.1.4 Representations or Warranties. If any representation or warranty by SAAMS contained in this Agreement is false in any material respect as of the date of the making or furnishing thereof and which would have a material adverse effect on the Site or Improvements. 7.1.5 Execution, Insolvency. The sale of SAAMS' interest in the Site or Improvements under attachment, execution, or similar legal process; or if SAAMS is adjudicated as bankrupt or insolvent under any state bankruptcy or insolvency law or an order for relief is entered against SAAMS under the federal Bankruptcy Code and such adjudication or order is not vacated within ninety (90) days. 7.1.6 Filing of Bankruptcy Petition. The commencement of a case under any chapter of the federal Bankruptcy Code by or against SAAMS, or the filing of a voluntary or SECOND AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A, Page 19 of 30 WATERFRONT TRACTS AND THE LEASE, OPERATION AND MAINTENANCE OF THE ALASKA SEALIFE CENTER 62 involuntary petition proposing the adjudication of SAAMS as bankrupt or insolvent, or the Nirie reorganization of SAAMS, or an arrangement by SAAMS with its creditors, unless the petition is filed or case commenced by a party other than SAAMS and is withdrawn or dismissed within ninety (90) days after the date of its filing. 7.1.7 Admission of Inability to Pay Debts. The admission in writing by SAAMS of its inability to pay its debts when due. 7.1.8 Appointment of Receiver or Trustee. The appointment of a receiver or trustee for the business or property of SAAMS, unless such appointment shall be vacated within ten (10) days of its entry. 7.1.9 Assignment for Benefit of Creditors. The making by SAAMS of an assignment for the benefit of its creditors, or if in any other manner SAAMS' interest in this Agreement shall pass to another by operation of law. 7.1.10 Dissolution. The voluntary or involuntary dissolution of SAAMS. 7.1.11 Other Events of Default. The occurrence of any other event described as constituting an "Event of Default" of SAAMS elsewhere in this Agreement. 7.2 Remedies of the City on SAAMS' Default. Subject to Section 7.5, upon the occurrence and continuation of a SAAMS Event of Default, the City, without notice to SAAMS in any instance (except where expressly provided for below), in addition to all remedies available at law, may do any one or more of the following with respect to SAAMS: 7.2.1 Termination. Terminate this Agreement and the rights created herein by giving notice of such election to SAAMS 7.2.2 Enter Site and Improvements; Take Possession. With or without judicial process, enter the Site and Improvements and take possession of any and all goods, inventory, equipment, fixtures, accounts, general intangibles, and all other personal property of SAAMS used in connection with the Site and Improvements without liability for trespass or conversion, and may sell all or any part thereof at public or private sale. 7.2.3 Perform Obligations. Without assuming any obligation to do so, perform, on behalf of and at the expense of SAAMS, any obligation of SAAMS under this Agreement which SAAMS has failed to perform and of which the City shall have given SAAMS notice, the cost of which performance by the City shall be payable by SAAMS to the City upon demand, and such sums shall bear interest until paid at an annual rate equal to the Prime Rate plus three percent (3 %). SECOND AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A, Page 20 of 30 WATERFRONT TRACTS AND THE LEASE, OPERATION AND MAINTENANCE OF THE ALASKA SEALIFE CENTER 63 7.2.4 Specific Performance. Seek specific performance of any term or provision of this Agreement. 7.2.5 Use of Site and Improvements. If this Agreement is terminated, the City may enter into other agreements providing for use of the Site or the Improvements for such term or terms (which may be greater or less than the period which otherwise would have constituted the balance of the Term) and on such terms and conditions (which may include concessions or free use and alterations of the Improvements) as the City, in its absolute discretion, may determine, but the City shall not be liable for, nor shall SAAMS' obligations hereunder be diminished by reason of, any failure by the City to enter into such leases or any failure by the City to collect any rental due upon such agreements. 7.2.6 Force Maieure. If by reason of force majeure, SAAMS is unable in whole or in part to perform its obligations under this Agreement, SAAMS shall not be in default under this Agreement during the continuance of such inability. SAAMS agrees, however, to use all reasonable efforts to remedy with all reasonable dispatch the cause or causes of its failure to carry out its obligations under this Agreement; provided that the settlement of strikes, lockouts, and other industrial disturbances shall be entirely within the discretion of SAAMS or its contractors, as the case may be, and SAAMS and its contractors shall not be required to make settlement of strikes, lockouts, or other industrial disturbances by acceding to demands of opposing parties when such course is in the judgment of SAAMS unfavorable to SAAMS. No event which is reasonably in the control of SAAMS or which SAAMS, through the exercise of reasonable maintenance or management, could have reasonably prevented from occurring, shall Nod be considered "force majeure." 7.3 City Events of Default. The following events shall constitute a "City Event of Default" under this Agreement: 7.3.1 Default of Covenants or Conditions. Default by the City in the performance or observance of any covenant or condition of this Agreement, which default is not cured within thirty (30) days after the giving of notice thereof by SAAMS, unless such default is of a nature that it cannot be cured within such thirty (30) day period, in which case no Event of Default shall be declared so long as the City shall commence the curing of the default within such thirty (30) day period and shall thereafter diligently prosecute the curing of same. 7.3.2 Representations or Warranties. If any representation or warranty by the City contained in this Agreement is false in any material respect as of the date of the making or furnishing thereof and which would have a material adverse effect on the Site and Improvements. 7.3.3 Execution, Insolvency. The sale of the City's interest in the Site or Improvements under attachment, execution, or similar legal process; or if the City is adjudicated SECOND AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A, Page 21 of 30 WATERFRONT TRACTS AND THE LEASE, OPERATION AND MAINTENANCE OF THE ALASKA SEALIFE CENTER 64 as bankrupt or insolvent under any state bankruptcy or insolvency law or an order for relief is entered against the City under the federal Bankruptcy Code and such adjudication or order is not vacated within ninety (90) days. 7.3.4 Filing of Bankruptcy Petition. The commencement of a case under any chapter of the federal Bankruptcy Code by or against the City, or the filing of a voluntary or involuntary petition proposing the adjudication of the City as bankrupt or insolvent, or the reorganization of the City, or an arrangement by the City with its creditors, unless the petition is filed or case commenced by a party other than the City and is withdrawn or dismissed within ninety (90) days after the date of its filing. 7.3.5 Force Majeure. If by reason of Force Majeure, the City is unable in whole or in part to perform its obligations under this Agreement, the City shall not be in default under this Agreement during the continuance of such inability. The City agrees, however, to use all reasonable efforts to remedy with all reasonable dispatch the cause or causes of its failure to carry out its obligations under this Agreement; provided that the settlement of strikes, lockouts, and other industrial disturbances shall be entirely within the discretion of the City or its contractors, as the case may be, and the City and its contractors shall not be required to make settlement of strikes, lockouts, or other industrial disturbances by acceding to demands of opposing parties when such course is in the judgment of the City unfavorable to the City. 7.4 Remedies of SAAMS on the City's Default. Subject to Section 7.5, upon the occurrence and continuation of a City Event of Default, SAAMS may do any one or more of the Slow following: 7.4.1 Terminate Agreement. SAAMS may elect to terminate this Agreement. 7.5 Informal Dispute Resolution, Mediation. The exercise by the City and SAAMS of the remedies provided in Sections 7.2 and 7.4, respectively, shall be subject to prior informal dispute resolution and mediation as provided in this Section. 7.5.1 Negotiation. Within 10 days after either party gives notice of the other party's default under this Agreement, SAAMS and the City meet to discuss the issue and attempt to negotiate its resolution. When SAAMS and the City agree upon the resolution of such an issue, such agreement shall be effective immediately and shall be recorded by the preparation and execution of an amendment to this Agreement. 7.5.2 Mediation. Any notice of default that was not resolved by negotiation under subsection 7.5.1 of this Section shall be submitted to mediation in accordance this subsection. 7.5.2.1 A party shall file notice of demand for mediation in writing with the other party. Demand for mediation may not be filed until the tenth day after the parties have met to SECOND AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A, Page 22 of 30 WATERFRONT TRACTS AND THE LEASE, OPERATION AND MAINTENANCE OF THE ALASKA SEALIFE CENTER 6 7 negotiate under subsection 7.5.1 of this section. Failure to demand mediation within thirty (30) days after the earliest date on which mediation may be demanded under this paragraph shall result in waiver of the default. In no event may demand for mediation be made after the date when institution of litigation based on the default would be barred by the applicable statute of limitations. 7.5.2.2 After the filing of a timely demand for mediation, the parties shall use good faith efforts to resolve the issue that is the subject of the demand through non - binding mediation. If the parties cannot agree upon mediation or a mediator within fifteen (15) days from the date of the demand for mediation, either party may request the Superior Court for the State of Alaska, Third Judicial District at Kenai, to select the mediator and the court- selected mediator shall determine what rules shall govern the mediation. 7.6 No Remedy Exclusive. No remedy herein conferred upon or reserved to the City or SAAMS is intended to be exclusive of any other available remedy or remedies but each and every such remedy shall be cumulative and shall be in addition to every other remedy herein or now or hereafter existing at law, in equity or by statute. No delay or omission to exercise any right or power accruing upon an Event of Default shall impair any such right or power or shall be construed to be a waiver thereof (unless expressly waived by the City or SAAMS), but any such right or power may be exercised from time to time and as often as may be deemed expedient. 8. Indemnity and Exculpation 8.1 Limitation of City Liability. Except as provided in Section 8.4, the Indemnified Noorid Parties and the City, its officers, agents, and employees shall not be liable to SAAMS for any damage to the Site and Improvements, or for death or injury of any person or damage to any property, from any cause; however, this provision shall not affect the liability of any Indemnified Parties or the City, its officers, agents, and employees on any claim to the extent the claim arises from the negligence or willful misconduct of that person or entity. 8.2 Indemnity. Except as provided in Section 8.4, SAAMS shall indemnify, defend, and hold harmless the Indemnified Parties and the City, its officers, agents, and employees from all claims arising from death or injury of any person or damage to any property occurring in or about the Site and Improvements; however, this provision shall not apply to any claim to the extent the claim arises from the negligence or willful misconduct of the person being indemnified. SAAMS' obligation to hold the Indemnified Parties and the City, its officers, agents, and employees harmless shall be limited to the sum that exceeds the amount of insurance proceeds, if any, received by the person being indemnified. 8.3 Site Conditions. Except as provided in Section 8.4, SAAMS agrees to accept the Site as it is at the commencement of the Term of the Original Agreement. The City shall not be responsible for the property of any third party that may be on the Site at the commencement of the Term of the Original Agreement. Except as provided in Section 8.4, the City makes no SECOND AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A, Page 23 of 30 WATERFRONT TRACTS AND THE LEASE, OPERATION AND MAINTENANCE OF THE ALASKA SEALIFE CENTER 66 covenants, representations, or warranties respecting the condition of the Improvements, or of the soil or subsoil or any other condition of the Site. 8.4 Environmental Matters. SAAMS certifies to the City and agrees as follows: 8.4.1 Knowledge of Hazardous Substances. SAAMS has no knowledge, based upon SAAMS' operations on the site and upon the Phase I Environmental Assessments attached hereto and incorporated herein as Exhibit "B," of (i) the presence of any Hazardous Substances on the Site, or (ii) any spills, releases, discharges, or disposal of Hazardous Substances that have occurred or are presently occurring on or on to the Site except as disclosed on the environmental assessments and reports attached hereto as Exhibit "B." 8.4.2 Prevention of Future Releases. SAAMS will not cause or permit the Site and Improvements to be used to generate, manufacture, refine, transport, treat, store, handle, dispose, transfer, produce, or process any Hazardous Substances except in compliance with all applicable Environmental Laws, nor shall SAAMS cause or permit as a result of any intentional or unintentional act or omission on the part of SAAMS the release of any Hazardous Substances on the Site. 8.4.3 Compliance with Environmental Laws. SAAMS will at all times and in all respects use its best efforts to comply with all Environmental Laws. 8.4.4 Notice. SAAMS agrees to immediately notify the City if SAAMS `..• becomes aware of (i) any Hazardous Substances or other environmental problem or liability with respect to the Site, or (ii) any lien, action, or notice resulting from violation of any of the laws, regulations, ordinances, or orders defined as Environmental Laws. Subject to the provisions of Section 8.4.7 of this Agreement, at SAAMS' own cost, SAAMS shall take all actions which are necessary or desirable to clean up any and all Hazardous Substances affecting the Site. . 8.4.5 Indemnification. Subject to Subsection 8.4.7, SAAMS shall indemnify, defend, and hold the City harmless from and against any and all claims, demands, damages, losses, liens, costs, and expenses (including attorney's fees and disbursements) which accrue to or are incurred by the City arising directly or indirectly from or out of or in anyway connected with (i) the inaccuracy of the certifications contained in this Agreement; (ii) any activities on the Site during SAAMS' past, present or future possession or control of the Site which directly or indirectly resulted in the Site being contaminated with Hazardous Substances; (iii) the discovery of Hazardous Substances on the Site whose presence was caused during the possession or control of the Site by SAAMS; and (iv) the clean-up of Hazardous Substances on the Site. 8.4.6 Survival of Representations and Warranties. The representations, warranties, and covenants of SAAMS set forth in this Agreement, including without limitation the indemnity provided for in Section 8.4.5 above, are separate and distinct obligations from SECOND AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A, Page 24 of 30 WATERFRONT TRACTS AND THE LEASE, OPERATION AND MAINTENANCE OF THE ALASKA SEALIFE CENTER 67 SAAMS' obligations otherwise provided for herein and shall continue in effect after the expiration of this Agreement. 8.4.7 Pre - Existing Conditions. Nothing in this Agreement shall cause SAAMS to have any obligation or liability arising from Hazardous Substances whose presence on the Site occurred prior to the effective date of the Prior Agreements,. 9. Sublease or Assignment. SAAMS shall not sublease or assign all or any part of the Site or the Improvements or any of its interest under this Agreement, except as provided in this section. However, SAAMS may permit others to occupy the interior of the Improvements for purposes consistent with use of the Site and Improvements for a marine research, rehabilitation and education facility, including without limitation conducting research and operating concessions to accommodate visitors. 9.1 Subleasing. SAAMS may sublease any part of the Site subject to all of the following conditions: 9.1.1 SAAMS shall provide the City with a copy of the essential terms of each sublease. 9.1.2 All subleases shall be for uses that are accessory and subordinate to the use of the Site and the Improvements for a marine research, rehabilitation, and education facility. 9.1.3 The sublease will not cause the withdrawal by the Internal Revenue Service of recognition of SAAMS as an organization described in 26 U.S.C. §501(c)(3). 9.2 Assignment. Any assignment by SAAMS of any of its interest under this Agreement shall be subject to approval by the City. Such approval shall not be withheld if the City, in its sole discretion, determines that the assignment will not subject the City to cost or liability under the Cooperative Agreement or otherwise. 10. Miscellaneous. 10.1 Permitted Encumbrances. During this Agreement, SAAMS shall not, without the prior written consent of the City, which consent shall not be unreasonably withheld, grant a security interest in (i) all goods, inventory, equipment, and fixtures used or acquired for use on the Site and Improvements; (ii) all accounts, related to the Site or Improvements, owned as of the effective dates of the Prior Agreements or at any time subsequently acquired by SAAMS; (iii) all general intangibles, related to the Site or Improvements, owned as of the effective date of the Prior Agreements or at any time subsequently acquired by SAAMS; and (iv) all proceeds of such goods, inventory, equipment, and fixtures, accounts, and general intangibles. SECOND AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A, Page 25 of 30 WATERFRONT TRACTS AND THE LEASE, OPERATION AND MAINTENANCE OF THE ALASKA SEALIFE CENTER 68 10.2 No Implied Waiver. In the event any agreement, covenant, or condition contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. 10.3 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto. 10.4 Notices. Any and all notices required or permitted under this Agreement, unless otherwise specified in writing by the party whose address changes, shall be addressed as follows: City: City of Seward ATTN: City Manager P. O. Box 167 (City Hall, 5th & Adams) Seward, Alaska 99664 SAAMS: Seward Association for the Advancement of Marine Science ATTN: President and CEO P. O. Box 1329 (301 Railway Avenue) Seward, Alaska 99664 -1329 WITH COPY TO: Seward Association for the Advancement of Marine Science ATTN: Chairman of the Board P. O. Box 1329 (301 Railway Avenue) Seward, Alaska 99664 -1329 All notices permitted or required to be made under this Agreement shall be in writing and shall be deemed made at the time mailed to the address provided above by certified mail, delivered by overnight express service, or hand delivered. Failure of an addressee to receive said notice will not nullify and /or void a notice as long as such notice was sent pursuant to the terms of this Agreement. 10.5 Parties in Interest. Nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person, firm, or corporation, other than the parties hereto, any right, remedy or claim, legal or equitable, under or by reason of this Agreement, this Agreement being intended to be and being for the sole and exclusive benefit of the parties hereto. 10.6 Time of Essence. Time shall be of the essence of this Agreement. SECOND AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A, Page 26 of 30 . WATERFRONT TRACTS AND THE LEASE, OPERATION AND MAINTENANCE OF THE ALASKA SEALIFE CENTER 69 10.7 Headings. The Section headings contained herein are for convenience and reference and are not intended to define or limit the scope of any provision of this Agreement. 10.8 Law Governing Construction of Agreement, This Agreement shall be governed by and construed in accordance with the laws of the State of Alaska. 10.9 Exclusive Forum and Venue. Any actions or judicial proceedings arising out of this Agreement shall be filed and prosecuted in the Superior Court for the State of Alaska, Third Judicial District, at Anchorage. The parties hereto affirmatively waive the right to trial by jury. 10.10 Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 10.11 Integration and Modification. This document contains the entire agreement of the parties hereto. All negotiations, statements, or representations, warranties, and assurances, whether oral or written, which are in any way related to the subject matter of this Agreement, and the performance of either party hereto, are merged and integrated into the terms of this document. This Agreement may not be modified or amended except by a writing signed by both parties hereto, and any proposed amendment or modification is without effect until reduced to a writing signed by both parties. 10.12 Additional Documents. The parties agree to execute any additional documents serf which may be necessary in order to effectuate the terms of this Agreement. 10.13 Relationship of Parties. The City and SAAMS are distinct and independent corporate entities. The parties understand and agree that SAAMS was incorporated as a private nonprofit corporation for the purpose, among others, of developing, constructing and operating a marine research, rehabilitation and education institution to be called the Alaska SeaLife Center. This institution was to be operated within the facility now defined in this Agreement as the Improvements, which though owned by the City due to the requirements of the Cooperative Agreement and EVOS Requirements, was built for the specific purpose of housing the institution that SAAMS was to operate. Nothing contained herein shall be deemed or construed to make the parties hereto partners or joint venturers, or to render either party liable for any of the debts or obligations of the other, except as otherwise described in this Agreement. 10.14 Other Activities. Except as this Agreement expressly provides otherwise, nothing in this Agreement shall restrict SAAMS in engaging in activities other than the operation of the Site and Improvements, including without limitation owning, leasing or managing real property other than the Site and Improvements, and entering into contracts with other parties in furtherance of its corporate purposes, and nothing in this Agreement confers upon the City any right or obligation to supervise or approve SAAMS' engaging in any such other activities, or SECOND AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A, Page 27 of 30 WATERFRONT TRACTS AND THE LEASE, OPERATION AND MAINTENANCE OF THE ALASKA SEALIFE CENTER nn t 0 subjects SAAMS to any obligation to submit to such supervision or approval. Notwithstanding the above, SAAMS represents and warrants to the City that SAAMS will not take any action, or fail to take any action, that will have a material adverse effect on SAAMS' performance of its primary corporate purpose and mission as described in Subsection 2.2.10 of this Agreement. 10.15 Use of the Name "Alaska SeaLife Center ". The City and SAAMS recognize and acknowledge that the name "Alaska SeaLife Center" is both a defined term in the Cooperative Agreement and a registered service mark of SAAMS under which SAAMS does business at the Site and Improvements. The City acknowledges and agrees that SAAMS may accept grants or gifts that third parties make to the "Alaska SeaLife Center" as if such grants or gifts were made to "SAAMS." Upon termination of this Agreement, to the extent permitted by the grantor or donor, SAAMS shall assign to the City all grants and gifts that are intended for the Site and Improvements. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and delivered as of the date first written above. SAAMS: SEWARD ASSOCIATION FOR THE ADVANCEMENT OF MARINE SCIENCE, an Alaska nonprofit corporation By: Its: ft" C,60 CITY: CITY OF SEWARD, ALASKA By: (SEAL) Its: ATTEST: City Clerk Now SECOND AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A, Page 28 of 30 WATERFRONT TRACTS AND THE LEASE, OPERATION AND MAINTENANCE OF THE ALASKA SEALIFE CENTER 71. EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY Tract 2A, WATERFRONT TRACTS, according to Plat No. 95 -13, Seward Recording District, Third Judicial District, State of Alaska. EXHIBIT A SECOND AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A, WATERFRONT TRACTS AND THE LEASE, OPERATION AND MAINTENANCE OF THE ALASKA SEALIFE CENTER 72 EXHIBIT "B" ENVIRONMENTAL ASSESSMENT REPORTS EXHIBIT B SECOND AMENDED AND RESTATED AGREEMENT FOR LEASE OF TRACT 2A, WATERFRONT TRACTS AND THE LEASE, OPERATION AND MAINTENANCE OF THE ALASKA SEALIFE CENTER 7 3 PHASE I SITE ASSESSMENT ALASKA SEA LIFE CENTER S10, T1S, R1W, SM WT 2,3, & East Port. of 1 Seward, AK Prepared for Peratrovich, Nottingham & Drage, Inc. 1506 West 36th Avenue Anchorage, AK 99503 November 11, 1993 Prepared by , Inc. ENVIRONMENTAL & ENGINEERING C ULTANTS P.O. Box 72020 Fairbanks, Alaska 99707 907 452 -5688 Fax 452 -5694 74 „, R � H ENVIRONMENTAL & ENGINEERING CONSULTANTS O�/ (907) 452 -5688 • FAX (907) 452 -5694 • P.O. Box 72020 • Fairbanks, Alaska 99707 November 11, 1993 Peratrovich, Nottingham & Drage, Inc. 1506 West 36th Avenue Anchorage, AK 99503 ATTN: Douglas Kenley RE: Phase I Site Assessment Section 10, Township 1 South, Range 1 West, Seward Meridian Waterfront Tracts 2,3, and Eastern Portion of 1 Seward, AK Dear Mr. Kenley: Attached is a report of our investigation, findings, analysis and opinions regarding the Phase I Site Assessment (SA) and limited site sampling of the property located at the Waterfront Tracts 2,3 and the eastern portion of Tract 1 of Section 10, Township 1 South, Range 1 West, Seward Meridian, subsequently referenced as "the Property.” The purpose of our investigation was to identify significant environmental liabilities or concerns that would have a major impact on the financial condition of the property and its proposed improvements. It is our understanding that the information will be used to ascertain environmental concerns that would impact construction of the Alaska Sea Life Center (ASLC). Based on the analysis of the investigation's findings as well as the considerations and assumptions set forth in the report, we are of the opinion that: • Considering the site's: 1) extensive history as a railroad yard and industrial site, 2) confirmed solid waste debris and Hydrocarbon concentrations and 3) fuel storage the Property has been rated as "Medium Risk" and warrants additional investigation. • This investigation has found the potential for significant hazardous waste/material contamination on -site to be minimal. Detectable levels of Total Petroleum Hydrocarbon (TPH) concentrations, in the 200 -300 ppm range, have been found in sampling throughout the site, both in previous assessments and in this effort. These reported TPH concentrations may contain a biogenic hydrocarbon component and are not considered significant. The identified presence of TPH throughout the site, however, generates concern that areas of high TPH concentration may exist. 75 • Multiple Underground Storage Tank (UST) systems, some in service since before the 1964 earthquake, exist on site and/or adjacent to the property. Based on available information, none of these UST systems have been evaluated using contemporary UST assessment. • It is recommended that, during the design phase, additional assessment efforts be completed within the proposed building footprint. The work scope should include random and bias sampling to address identified concerns and a description of required site work for construction, while taking into account acceptable levels of project risk and the available budget. Although the findings of this limited property assessment warrant further analysis, it is NORTECH's opinion that the identified concerns are not of a severity that would require delays or cancellation of the proposed project. Properly delineated, all concerns identified can be routinely addressed during the design and construction phase without significant project impact. 1 The unavailability of the prior Site Assessments to NORTECH before we conducted our site examination and the budgetary constraints of the Project have limited our ability to investigate the environmental conditions of the Property. In the preparation of this report and these opinions, we have made certain assumptions based on the investigation's findings. It is our opinion that these assumptions are reasonable and adequate for the purposes s work scope was restricted to a Phase I Assessment with limited siitessampngH Actual , site the conditions may differ. Our primary considerations and assumptions are presented in detail in the attached report. NORTECH Environmental & Engineering Co you and PN &D. We would like to thank all the individuals ua who assisted enjoyed ORTEC i n with collection and resolution of project concerns. data We trust that this information is sufficient for your needs at the present time. If you have an questions or we can be of further assistance, please contact me. any Sincerely, CH 7 h n Hargesheimer, PE, DEE Principal 76 TABLE OF CONTENTS 1.0 INTRODUCTION 1 2.0 METHODOLOGY 2 2.1 Assessment 2 2.2 Site Sampling 2 3.0 BACKGROUND 3 3.1 Site Location _ 3 3.2 Physical Setting 3 3.3 Site Conditions 8 4.0 SITE HISTORY AND INTERVIEWS 9 4.1 Past Use and Ownership 9 4.2 Interviews with Key Site Personnel 9 4.2.1 Mr. Kerry Martin, City of Seward Planning Department 9 4.2.2 Mr. Darryl Schaeffermeyer, Seward Association for the Advancement of Marine Science 9 4.2.3 Mr. Tom Smith, . IMS Facilities Manager 10 4.3 Municipal Records 10 4.3.1 City of Seward Planning Department 10 4.3.2 City of Seward Engineering Department 10 4.3.3 City of Seward Electrical Department 10 4.3.4 City of Seward Utilities Department 11 4.4 1964 Good Friday Earthquake 11 4.5 Environmental Protection Agency 11 4.6 Alaska Department of Environmental Conservation 13 5.0 PREVIOUS INVESTIGATIONS 13 5.1 ESL Site Assessment 13 5.1.1 General Area 13 5.1.2 Tract 2 14 5.1.3 Tract 3 15 5.1.4 Tract 1 15 5.1.5 Property Across Railway Avenue 15 5.2 HLA Site Assessment 16 5.2.1 Pre -Exxon Use 16 5.2.2 Exxon Use 16 5.2.3 Surficial Soils Analysis and Excavation 16 6.0 SITE RECONNAISSANCE AND SAMPLING 17 6.1 Visual Inspection 17 6.1.1 Tract 1 17 77 6.1.2 Tract 2 6.1.3 Tract 3 18 6.2 Surrounding Land Use 19 6.3 Air Photos 2 1 6.4 Borehole Sampling 21 22 7.0 LABORATORY RESULTS 22 8.0 ANALYSIS OF FINDINGS 8.1 Total Petroleum Hydrocarbons On -Site 24 8.2 Other Hazardous Wastes 27 8.3 Fuel Storage Tanks' 27 8.3.1 Former Service Station Across Railway Avenue 27 8.3.2 Heating Oil Storage Tanks 27 27 9.0 CONCLUSIONS AND RECOMMENDATIONS 28 11.0 LIMITATIONS 29 Appendix A: NORTECH Property Assessment Services Appendix B: Background Material -- EPA & ADEC Appendix C: Laboratory Results Appendix D: Otter Rescue Center -- Environmental Services Limited Report Appendix E: Otter Rescue Center -- Harding Lawson Associates Report 78 • kirsv NORTECH Alaska Sea Life Center Phase 1 Site Assessment November, 1993 1.0 INTRODUCTION NORTECH assisted PN &D in the evaluation of the property located at Waterfront Tracts 2,3 and the eastern portion of 1 of Section 10, Township 1 South, Range 1 West, of the Seward Meridian by completing a Phase 1 Site Assessment (SA), as well as a limited site - sampling effort. The initial scope of our services for the SA was in accordance with our letter proposal dated August 10, 1993 and revised per our letter of August 11, 1993. As stated in this proposal, this Phase I SA was not to include building but rather a limited site inspection, review of available material on the past uses and current condition of the Property, and limited site sampling of geotechnical bore holes being completed by PN &D. We understand the information will be used by PN &D and investors to ascertain the risk associated with environmental concerns in constructing the Alaska Sea Life Center on the Property. This report summarizes our investigation, findings, analyses, and opinions regarding the environmental condition of the property. The project scope and extent of our examination was not of a depth necessary to reveal all environmental issues. It was, however, considered sufficiently thorough to identify major environmental concerns associated with the proposed construction. Information is provided within the report to assist in the effort of "all appropriate inquiry into the previous ownership and uses of the Property consistent with good commercial or customary practice" to address liability determined by current environmental legislation regarding real estate. The environmental statutes that are most frequently encountered in real estate and considered in this investigation include the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or "Superfund "), the Resource Conservation and Recovery Act (RCRA), the Clean Air Act and Clean Water Act. Included in this report are: sr A brief project background description and an explanation of the purpose and the scope of work. or Historical data reviews and information including review of regulatory agency files, oral reports, and property ownership records. o r Records of site -visit observations, investigations and interviews completed with involved personnel. o r Analysis of information provided, including classifying the site into one of four degrees of risk of having environmental concerns. gr Conclusions are presented regarding NORTECH's opinion of whether there is significant indication of contamination based on the findings. •s Recommendations are provided, where appropriate, for further investigation in order to delineate and characterize any significant indication of contamination. Page 1 7 9 • NORTECH Alaska Sea Life Center Phase 1 Site Assessment November, 1993 2.0 METHODOLOGY 2.1 Assessment The Phase 1 SA was completed in accordance with NORTECIfs standard Property Assessment Services Scope of Work. A copy of the summary in its entirety is enclosed in Appendix A. Upon completion of the historical research of the uses of this Property and those in close proximity, NORTECH rates the site on its risk of having contamination and/or of being the source of contamination on -site. The risk categories are: No risk, Low risk, Medium risk and High risk. NORTECH cannot state with surety that there is no contamination on -site. We can, however, evaluate the probability with which this site was a source of contamination to the area. This evaluation addresses the liability issue, which is key to determining who ultimately is responsible for costs of cleaning up any contamination. Due to the urban nature of this site, the proximity analysis has been reduced to the buildings in the immediate vicinity of this site. We believe that this assumption is justified. Those properties which we have investigated, i.e., those directly surrounding the Property including the ones across Railway Avenue, have been primarily industrial in nature and are of concern to this study. In contrast, those sites further north, or up- gradient from this site, are primarily commercial and residential in nature and less likely to have deleterious environmental impact. 2.2 Site Sampling All field sampling efforts were completed in general accordance with NORTECH's Quality Assurance Program Plan (QAPP) for Underground Storage Tanks (UST). The QAPP, written specifically for UST investigations, includes sampling procedures Plan meets Alaska Department of Environmental Conservation (ADEC) regulations reg ulaatt this ions annd d hjas.The as been approved by the Department. The QAPP is available upon request from NORTECH and on file with ADEC. The information provided in the QAPP includes: • Organization and Responsibilities • Field Sampling Procedures ♦ Analytical Procedures ♦ Data Reporting • References Soil samples taken on the site were subjected to field screening analysis with an Organic Vapor Monitor (OVM), which measures headspace concentrations of organic vapors in parts per million. Those samples showing the higher 'organic vapor concentrations were then submitted to Page 2 80 `rrr NORTECH Alaska Sea Life Center Phase 1 Site Assessment November, 1993 Commercial Testing & Engineering Laboratories (CT &E) in Anchorage for more detailed analysis. The laboratory is ADEC- and U.S. Corps of Engineers - certified to perform the required analysis and is located at 5633 "B" Street in Anchorage. Two different types of laboratory analyses were used: EPA Method 418.1 to detect Total Petroleum Hydrocarbons (TPH) and EPA Method 8020 to detect Aromatic Volatile Compounds. TPH is to some extent a misnomer; total petroleum hydrocarbons may be found in soils due to spillage of petroleum products onto soils, but they can also result from decay of certain natural substances such as peat. While EPA Method 418.1 will detect the presence of petroleum- related substances in soil, it will also detect biogenic hydrocarbons, hydrocarbons which are the by- product of biologic activity. Based on this test alone, it is not possible to differentiate the source of measured TPH between petroleum products or naturally occurring decay of organic material. 3.0 BACKGROUND NORTECH was retained by PN &D to complete a Phase I Site Assessment as well as a limited site sampling at the Property. Site investigations of a portion of the City of Seward Waterfront Tracts were conducted in October, 1993 as part of development plans for an Alaska Sea Life Center by the Seward Association for the Advancement of Marine Science (SAAMS). The investigations were conducted in order to identify any past, existing, and/or potential environmental concerns at the site. 3.1 Site Location The City of Seward is located on the eastern side of the Kenai Peninsula along the headwaters of Resurrection Bay, Section 10, Township 1 South, Range 1 West of the Seward Meridian in the Kenai Peninsula Borough. Figure 1 shows the subject site location. The subject site is located at the end of Third Avenue in Seward, immediately west of the City Dock. Figure 2 is a topographical map of the Seward Area, showing the location of the Property in Seward. The site consists of the eastern unimproved portion of City Waterfront Tract 1, a fenced unpaved parking area including the Teen Center approximately occupying Tract 2, and a fenced, paved, storage area approximately occupying Tract 3. A 6 -foot break wall borders the subject site to the south along the shoreline of Resurrection Bay, and Railway Avenue borders the site to the north. Figure 3 shows the subject area, site improvements and proposed building footprint. Figure 4 details the utilities on -site. 3.2 Physical Setting Page 3 81 N. N OI Mid PR C1\C t L NX 2 Z aR�T� '{ (s 1r . No O Z *44. FORT YU N �� 3 4 , Kan --1 D NOME °, rrl RI' f N FAIRBANKS 'N" A4ci bill- 'Vali • 4 a( 1011116111. i LW ANCHORAG far 1 0 ijW/$11r-.e. - Z , JUNEAU CY l W 1 \ C . - co o'• .' OCEAN L ft p A O, I C FIGURE DATE: 10 -27 -93 1 DESIGN:JH DRAWN:KIM ' VICINITY MAP PROJECT N6. 93145 Environmental &Engineering Consultants ASLC SITE ASSESSMENT P.O. BOX 72020 Fairbanks, Alosko 99707 DWG. NO: 145_VIC 907 4 52 -5688 FAX: (907 452 -5694 82 I V n ...„ - 1c3 ,ta, a 1 .it - 4 1 ., c is .. gO (.. -=• , ( ;ilk : ) ,,..'. a Oa P SI < .C: I r 4 \ r • • , ‘ lill. • t . . . 3 h . •- •1 1 4 ,e la Old MIIUMelcalf Area (Bear Wce Ana) , i �� -� ,�' ( `� 4 it i e gky a �_ �• Salmon Creek Area U � i , ; . t ,. r'G . �-� 0 � � ,� ± .. Naah Road Area irt Clty of Seward , - "�. • 7�! r AL -I/1 1 '� :.- •rte we +` ..i -: � • • �'1� Fourth of July Creek I 11: Area , 1 lowdlAt.Area _ � r Y 7 .''‘ ' 1 A ,--, ts.. r Property Location arid. I in Seward 3 0 3 . ScaTn Miles THIS MAP TAKEN FROM GROWTH MANAGEMENT STRATEGY REPORT, SIMPSON USHER JONES, ANCHORAGE AK 1979 FIGURE 2 ' 2 -93 ��� SEWARD AREA MAP 111111100' DESIGN JN ASLC SITE ASSESSMENT DRAM: Environmental & Engineering Consultants PROJECT NO: 93145 P.O. 80X 72020 Fairbanks, Alaska 99707 DWG. NO: F102 , (907) 452 -5688 FAX: (907) 452 -5694 1 I / / //, / __..- / / I 1 / 1 PROJECT SITE `, / .N '\ RAILWAY AVENUE - __ \ C> _ . - -7- -----"--- - --- IIINEW•ti• >,..-------- 0 f 4. ' 4 i I I I I I I I I it SOAP I r TRACT 2 ill i f - 0.0 1.. J' TRACT 1 � WAREHOUSE' PEVA A ,- / i ■ • • a • • l • • L � ': CT 4 CO _0.M IPP 'i- �= CITY DOCK hip 444 ■ AREA OF INVESTIGATION FIGURE �� ��� N�0 CaiarlM•e DATE: 10-28-93 Cl�IE7� RHC °F an- vPO. •ow nvm � �.re.n4 NO.Ji 9etor ANO GEOGRAPHIC CONTOURS DE9CIt Al PROJECT 93145 3 `� X071 �, : - r.. ASLC SITE ASSESSMENT DRAW MN8 own NO.: 145_2F1G ( ( --------1 : / / / 4 Ar -.. " g S-----------: _ 2 A li i Ili „..:11Yae ------ ------- --- i MS 0 S H OP s S % i EATEN FUEL UST TRACT 2 4.1 0 1 1111 11111 1 SPImAGII--"1.11 Ex. R * / 4 ' Ws C LAB ■ FENCE r 4 p / f R (TONdIVIIIM I, .. , t TRACT 3 I 4, elms t.3 • / Hoop t, ///,, LABoRAToRY, z / ZAI Ez. cr . Environmental & Engineering Consultants SITE UTIIJT1ES DESIGN: RHC PROLECT NO: 93145 FIGURE C)FirPrif- P.O. BOX 72020 Fairbanks, Alaska 99707 ASLC SITE ASSESSMENT DRAWN:14N8 DWG. NO: 145_1 (907) 452 FAX: (907) 452-5694 DATE: 10-28-93 SCALE: 4 , a . . , rrr Alaska Sea Life Center ''' ad NORTECH November, 1993 Phase 1 Site Assessment h transect the The City of Seward is located on the eastern side of the Kenai Mountains w a c on the Gulf of Kenai Peninsula. The City occupies the northwestern margin of Resurrection Bay Alaska. Local physiography consists of nearby mountains to the east and west and Resurrection Bay to the south and east. Depths in Resurrection B extend to 9 drainage feet for the downtown elevations are as high as 4,000 feet. Low ell Creek i Seward area. Figure 2 is a topographical map of the Seward Area. Seward is constructed on the Lowell Creek alluvial fan and deposits R iver. Lowell Creek drains the ice fields to the west and contributed large amounts of detritus to the alluvial deposits on the south (downtown) side of Seward. In the past, Lowell Creek drained down Fourth Street and into the Bay until construction of an aqueduct diverted the Creek west of the downtown area. Seward has a maritime coastal climate with 75 inches per year average precipitation. The mean annual temperature is 43° F, with a winter average of 30° F and a summertime e average e r ge l5 feet at The average tidal range at Seward is approximately 9 feet with a maximum range times of the year. 3.3 Site Conditions The subject site slopes south towards the shoreline. Surface and subsurface water flows from north to south across the site. The portion of Tract 1 under consideration is essentially unimproved and used for outdoor storage of IMS facility equipment. The area is bordered on the east by a chain link fence and to the south by a six -foot riprap sea wall. Underground sewer and water utilities and overhead electric which serve the 1MS facility on the western portion of and Tract 1 underground located lines west so side on the Property. An underground heating fuel storage tank gr the west side of the site near the Machine Shop. The Tract 2 area is a fenced parking lot owned and operated by the City of Seward. The City Teen Center is located at the northwest corner of the lot. The area had previously been the subject of environmental investigations as part of the Seward Otter Rescue Center during the 1989 Exxon Valdez oil spill. The Tract 3 area is fenced on three sides and bordered by a six -foot riprap seawall on the waterfront. The site is paved with asphalt concrete and used for outdoor storage of fishing equipment. It is leased by the City of Seward to Northern Stevedoring & Handling Corp. Page 8 8 NORTECH Alaska Sea Life kissor Phase 1 Site Assessment Center November, 1993 4.0 SITE HISTORY AND INTERVIEWS 4 .1 Past Use and Ownership rd City records indicate that the Property C the City s Seward for $10 and er as transferred b to y the Alaska Central Railroad Company had owned the Property since buying it from Frank gajlaine in 1 9lions in 1968. railroad yard from 1906 until the G T he Railroad a yard was a (r ed. Good Friday Earthquake of 1964 The site was used as d Y The City has owned the Property h l time the railroad ro a PertY since 1968 and Corporation. P rty is leased to No leased out portions of it. Currently, a portion of the Property Stevedoring & Handling 4.2 Interviews with Key Site Personnel Key site personnel were interviewed to discover any past, present or conditions at the site. potential environmental 4.2.1 Mr. Kerry Martin City of Seward Planning Department Mr. Kerry Martin, City of Seward Community Development Director, NORTECH to obtain a genera] history property. Mr. Martin indicated that the City iWaterfr nt had and ownership of the subject been given to the City by the Federal Government (Alaska Railroad) after the 1964 Earthquake. He also was extensively used by the military during. World War II. A review of information thnt the area in the City archives discovered no maps or documents associated with Mr. Martin indicated that in 1989, Exxon entered into past use of the subject site. an agreement with the City s art Seward er lease P of Tract 2 (behind the Teen Center) in order to establish an (ORC). He also indicated that part of the lease agreement involv O Rescue Center environmental site assessments. He did not have copies of these d ed pre- and Mr. Martin had no knowledge of any other environmental documents or conditions documents. post -lease 4.2.2 Mr. Darryl Schaeffermeyer, Seward Association associated with the subject site. Science ation for the Advancement of Marine Mr. Darryl Schaeffermeyer, Seward Association for the Advance Science (SHAMS) site manager, was interviewed b meat of Marine descriptions of the history Y NORTECH. Mr. Schaeffermeyer provided brief of Institute of Schaeffermeyer had no knowledge of environmental eo mine Science IMS) or surrounding areas. Marine associated with the facilities site Page 9 87 Mak NORTECH Alaska Sea Life Center November, 1993 Phase I Site Assessment 4.2.3 Mr. Tom Smith, IMS Facilities Manager Mr. Smith was interviewed concerning condition of the underground heating fuel tank by the Machine Shop on Tract 1. Mr. Smith believes that the tank was an old railroad tank car which had been buried for service as an underground storage tank. He indicated that the tank had been in use there since before the 1964 earthquake. He estimated the capacity of the tank as 10,500 gallons. Mr. Smith also indicated that underground fuel lines serving the Hood Lab Building were connected to the tank. The approximate location of these lines is indicated on Figure 4. 4.3 Municipal Records Seward municipal employees were interviewed to obtain salient information regarding past or { present environmental conditions at the site. Where possible, municipal records were examined for information regarding areas of environmental concern. No evidence of illegal discharges, spills, hazardous substances, petroleum products, or environmental conditions which indicate an existing release, past release, or material threat of a release was discovered from municipal sources in connection with the subject site or surrounding area. 4.3.1 City of Seward Planning Department An information request was made to the City Clerk's the Office to discover records of past 'sod ownership, deeds, and assessment records pertaining to operty No environmental liens were found on the subject site. City of Seward archives were searched with the assistance of Mr. Kerry Martin to discover any information pertaining to the site prior to City ownership. Some maps describing the site during Alaska Railroad ownership were reviewed but no descriptions of structures or specific use information was noted. 4.3.2 City of Seward Engineering Department Ms. Marilyn Reynolds, City Engineering Office employee for 12 years, indicated no knowledge of environmental conditions or documents pertaining to such for the Property or surrounding area. Documents reviewed at the Engineer's ood in l 86. No areas of prepared ern in 1964 after the Earthquake and after associated with the subject site were identified. 4.3.3 City of Seward Electrical Department Mr. Dave Calvert, head of the City Electrical Department, was interviewed regarding the overhead electrical utilities on -site. He indicated that all the electrical transformers had been Page 10 88 NORTECH Alaska Sea L Phase 1 Site Assessment t e ,f Center November, 1993 tested for polychlorinated biphenyls (PCB's) and no on -site. He has no knowledge of any rupture or release of transformer g ransform were present 4.3.4 City of Seward Utilities Department oil at the site. Mr. Lloyd Welch of the City's Utility Department indicated that the I (IMS) was served by City utilities (water and sewer) nstitute of Marine Science )and that had ever been issued. He also indicated that he no citations for illegal discharge discharges or environmental conditions on or near the subject site. of past or present leaks, 4.4 1964 Good Friday Earthquake' At 5:36 PM on Good Friday 8.4 to 8.6 struck southcentral March 7 1964, a great earthquake with a Richter magnitude of Alaska. The ground motion did some building damage in Seward, but its greatest immediate effect was the rupture of several large fuel storage tanks on the waterfront, which quickly ignited, spilling blazing fuel that was spread by the waves on the water for half a mile along the waterfront. Then 4,000 or of Washington Street slid into Resurrection Bay, y sues and burned Standard Oil fuel storage tanks within one third of a mile Y. Ong with it, among other things, 14 of the more feet of waterfront north From the submarine landslide, water "boils" were created in the Bay which formed that hit the Seward waterfront. Then, about of the Property under investigation. '1)1 Resurrection Bay, increasing in height as it entered minutes later, a seismic sea wave entered shoaling Seward. In most places, this wave was estimated ob 25 o fee abov ated the low areas the water surface, which was at low tide at the time. This second wave was higher and more forceful than the first wave and caused most of the wave damage in Seward. Significant damage was done to the Proper transit shed was washed awe tY• then a railroad yard. One half of one railroad and box cars, tank cars and even a train engine were hurled about ed. Y Rails were ripped up llmell. The damage to the Seward waterfront is detailed in Figure 5. 4.5 Environmental Protection Agency A request was submitted to the Environmental Protection Agency (EPA information in their files of contaminated sites (see A ) long u any ppendix B). The EPA A conducctt ed a 'This section has been summarized from the following .. . , , . , u publications: Fri day arrhn Alaska 1) After A *; ^" 2) District, U.S. Army Division ...to , ' . January 1968. U.S. Geological Survey Circular 491, Washington, 1964. 3) • ei . d • Kirkpatrick, Seward, AK, 1964. v. • �'' Lantz and Page 11 89 '411) ,441t �\ Small fuel Maks «- - '„, S O '► Ill I- tKe..d sad hissed : ! .., j ;\ ATM 14 fuel swam r ° Mgt 'Mi iesubsualioe �. J' - " �m Ave I - Location 1 , „0 s ' .01111111111111 ... • ; MIX P , % -■ ',.... , 1 • : • 4AWN MC lira i EXPLANATION VW AV( ; w ` • 1, Highest level reached by e „ L ,, r.I�i';i 0 ', Approximate posit ion of former � , , : + w�� a j�' .: % shoret Ina +� " ',. JP .` - -- ----» ,` ••._.... asw shore ire ©• 0 200 400 600 11001000 FEET i - g '-- Base map end photo Interpretation Instal lat Ions or buildings removed by APPROXIMATE SCALE. IN FEET by W. H. Condon. 1961 submarine Landslides. and large N - ' I P Direction of wave motion as indicated by bent posts and displacement of objects Earth- fractures Map of Seward Showing Damage by Submarine Landslide and Large Waves Nore fractures than are shown occur along the water -front between Adams and Ibnroe Streets Sox ears Installations or Buildings m FUEL TARES 1. Alaska Railroad Transit Sheds (Heavy damage) 6. Engine House 2. Boiler House 7. Army Docks and Warehouses (Destroyed) 3. Depot 8. San Juan Dock, Cement Plant, Marine Ways 4. Power Plant (Burned) (Destroyed) 5. Standard Oil Docks and Warehouses 9. Small Boat Harbor, City Dock, Scow Grid ( Destroyed) (Destroyed) Map taken from "Alaska's Good Friday Earthquake, March 27, 1964: A Preliminary Geologic Evaluation," U.S. Geological Survey Circular 491,Washington, 1964. ` Environmental & Engineering Consultants EFFECTS OF 1964 EARTHQUAKE DESIGN: kt PRDECT M0 93145 F IGURE O. r�'r r P.O. 80X 72020 Fairbanks, Alosko 99707 ON SEWARD DRAWN:MNB DWG. No: 145_86 q\i (907) 452 -5688 FAX: (907) 452 -5694 ASLC SITE ASSESSMENT DATE: 10 -28 -93 SCALE: 5 - - _ ~ _ lei — — ' — - -- -- — - _. - _ NORTECH Phase 1 Site Assessment Alaska Sea Life Center November, 1993 address/zip code search of their data bases in the Air and Toxics, W ater and Hazardous Waste Divisions. No information was reported in the Air and Comprehensive Environmental Response, Compensation nand Division. n printout from the in Seward w Liability Information System (CERLIS) database showed only one listing A list of hazardous was generat in Seward not in the proximity of the who have no tified the EPA is available from the RCRA Database; no violations have been f e p orte d . 4.6 Alaska Department of Environmental Conservation A request was submitted to the Alaska Department of Environmental information which it has about contamination at or near the site under their ust of which files is found in Appendix B consideration. e copy for any does not include the specific location in Seward Unfortunately, theitheir listing of these files Seward Hotel UST, and City of Seward USTs were e ev ei i n e de l � o Railroad's ndj indications of on s of environmental conditions which may affect the subject site were indicated. mil• No indi 5.0 PREVIOUS INVESTIGATIONS In 1989, Environmental Services Ltd. (ESL) t olow that was then under construction to be usedb f epared a site assessment of a SA documented then the condition of the Property portion ( of Tract 2 Y Exxon as an Otte Rescue Center (ORC). This had actually already begun). Ply pnOf to Exxon's occupancy of the site (although Lawson A y A second site assessment was completed b Associates (HLA) at the end of Exxon's use of the Pro p by Harding individually below. These reports are contained in their entirety Appendixes es are discussed P D and E. 5.1 ESL Site Assessment ESL produced a report summarizing their findings of the existing environmental uses of this and neighboring properties and the results of their soil samples. The summarizes ESL's findings of concern, This section should stating their opinions. environmentally relevant land only as ESL's findings and opinions; following ns construed p they in this section. Y have not been verified or criticallly y evaluated u b by 5.1.1 General Area The entire area under consideration has a history of commercial and industrial uses. used as a railroad yard from 1906 to 1964. during World War II. During This site was used extensive! b s Tracts 1 -6 g the 1964 Earthquake and resulting tidal waves, the railroad military suffered extensive damage and was abandoned by the railroad at that time. During that same Page 13 -91 NORTECH Alaska Sea Life Center seed November, 1993 Phase I Site Assessment Earthquake, several fuel tanks north of the Property were washed away, while others overturned and spilled large amounts of refined fuel which ignited. 5.1.2 Tract 2 Teen Center has The Teen Center, in the northeast corner of Tract 9 2, nd 1985, an above - ground heating oilstorage probably been used for heating oil. Between 19 7 tank (250 - gallon capacity) was added to the facility. ESL found evidence of overfilling and spillage around this above - ground tank, which was confirmed by a sample result from beneath the tank with a measured total petroleum hydrocarbon concentration of 15,600 parts per million. Railroad Artifacts Prior to the Railroad's 1964 cessation of use, this was a railroad storage area. Many tracks ran across the property and goods were stored beside the tracks. Conductivity analysis suggests that tracks remain buried on the site. Sewers and Storm Drains Two active sewer lines are on or near the property. One runs northeast to southwest across the Property, parallel to Railway Avenue. Another is assumed to be underneath Railway Avenue. An abandoned sewer line runs from north to south on the Property, but was observed to be used • as a storm drain. Another storm drain, reported by the City to be abandoned, runs northwest to southeast, but this, too, was speculated to besfo =e h s 1964 Earthquakebt i s is likely ilia they may storm drains have been in the ground since � leak and be depositing wastes from the rest of the City in this area. Drainage Ditch ESL observed a drainage ditch south of the northernmost rail in aerial photos from 1964. This ditch would have drained from Tract 4 onto Tract 2. It was observed to be partially filled in a 1975 aerial photograph and completely filled in a 1985 photograph. A subsurface conductivity analysis of this ditch was performed, leading ESL to conclude that this ditch was filled in part" with some metallic debris such as 55 -gallon drums. The filling of the ot done as part of a general filling of the lot, which has been ongoing sinc e occurring in the 1980's. Page 14 Q ') ` NORTECH Ihiv Phase 1 Site Assessment Alaska Sea Life Center November, 1993 Storage Activities on Site Since 1964, this site has been used for materials storage and s were removed from the site for the sibl y equipment maintenance. Twenty-five 55- gallon drums oil -like substances. construction of to ORC, some leaking Otter Rescue Center The ORC was located on a portion of Tract 2. ESL states that t ere was for this facility at the time of their re hl sewer used for connection to ORC contained TPH, as verified by their same a resultys.�sa rep that the fill Sam pie Results Several soil samples were tested for polychlorinated biphenyls, but no were reported, Several samples were taken at various depths site. All samples concentrations det cted TPH. The concentrations of pths about the site. All samples detected concentration by ESL) to a high TPof H ranged from a low of 4.6 the Teen Center. These a h g are 15 600 ppm directly under the above m (called ag tank of sample results in the Analysis Section below, greater detail in conjunction with storage Nair Figure 6. Sample results within found The locations of ESL's samples are shown . in damp soil (at 8 feet in depth) than in wet soil (at 8.5 feet) in significantly lower TPH concentration of 9S ppin this that the ground water was .contaminated, t) of 93.1 ppm. ESL concluded from 5.1.3 Tract 3 j Tract 3 is a paved stora e 1 g Yard. Storage observed on it included 35 5 5- gallon drums. Six rusty drums had labels on them that they contained ethylene glycol. One of the leaking. A trailer was also stored on the lot. unlabeled drums was 5.1.4 Tract 1 This lot contained a large pile of creosote - treated logs. 5.1.5 Property Across Railway Avenue In addition to a warehouse and the Seward Machine Shop across Railway 2, ESL reports the charred remains of a service station that had burned in The gas pump was still on -site, leading atlwaY Avenue north of Tract • g ESL to conclude that the underground storage tanks were Page 15 93 ..■ Alaska Sea Life Center Nod NORTECH November, 1993 Phase 1 Site Assessment still in the ground. As this service station was operating prior to 964, these up-gradient fr would be more than 25 years old. The service station is higher than the Property 5.2 HLA Site Assessment HLA undertook an evaluation of the portion of Tract 2 used by Exxon as the Otter Rescue Center. Their investigations were confined to the h ma no attempt to critically evaluate them le soils their observations and conclusions; NORTECH in this Section. 5.2.1 Pre -Exxon Use The Property was used by the Alaska Railroad as dock facilities prior to the 1964 Earthquake. ` The Railroad replaced the original wooden pier with a concrete dock prior to the 1964 Earthquake, building the new dock on the area south of Railway Avenue which had been filled with poorly sorted sand and gravel from Lowell Creek deposits. 5.2.2 Exxon Use P The ORC was used from April 26 to October 1, 1989 to wash and care for oiled sea otters, other marine mammals, and sea birds. The Center consisted of animal husbandry trailers; sea otter cages, totes and pens; two personnel trailers; and miscellaneous storage trailers. Two below - ground 2,500- gallon collection tanks were located on -site, one to store fresh water for circulation and one as a wastewater collection tank. The wastewater collection tank was emptied periodically using a vacuum truck that transported the wastewater off -site for treatment and disposal. Exxon installed one above- ground 500 - gallon heating oil tank at the site to heat the animal husbandry trailers. The tank was placed in a Lined area surrounded by a gravel berm. An awning was constructed over the tank to protect it from rain and snow. A propane tank was used to heat the personnel trailers. The Center was only used during 1989, although it was left intact through the end of the 1990 cleanup season. 5.2.3 Surflciai Soils Analysis and Excavation HLA was directed to evaluate the TPH concentrations in the near - surface soils of the ORC, the assumption being made that only these soils could have been impacted by Exxon's use of the Property for only 17 months. Soil samples taken near the surface in various locations around the Property were found to have TPH concentrations between 14.6 and 372 ppm. Several soil samples exceeded the then- applicable, ADEC- recommended, soil cleanup guideline of 100 ppm. Based on these results, it was decided ocoin addition to removing all program improvements sample �e locations above the cleanup - guideline level. Page 16 94 ,, NORTECH Phase 1 Site Assessment Alaska Sea Life Center November, 1993 property as the ORC was being demobilized in 1990, E soil in these samples' general locations. axon excavated approximately 1 ton of A second sampling program of sails from 3 - 5 inches below found TPH concentrations ranging from 36 to 222 PPm• As 4 of the 10 samples significantly founded the ADEC- recommended guideline, Exxon ground surface around the Property rty l ifi program at the site. Approximately 6 inches of soil fro marge area of theProp soil in which the elevated sample results were obtained, about 230 tons of soil i was excavat disposed. Prior to dis Property in which Posal, these soils were analyzed for chlorinated volatile hydros bons us n and g EPA Method 8010. The only compound detected w the two samples tested, at a concentration of 0.12 � tetrachloroethylene, found in only one of PPm• The excavated area was filled with new gravel. The source of the fill material was tested for TP reported concentration less than the detection limit of 20 Hand re to have a TpH PPm 6.0 SITE RECONNAISSANCE AND SAMPLING 6.1 Visual Inspection During October, 1993, NORTECH conducted a limited, visual site inspection A number of east -west trending railroad tracks were observe at or ' the subject site. � n of the property. d electrical lines, and the su rect site. te. ar pert boundaries, in r f n ng low surface v at several locations on P Pe y d fencing locations, overhead Figure 4. The site inspection was to identify any possible and/or presence of toxic and/or hazardous substances existing y a n d or p s e tee t a and aza location of physical evidence of contamination for spills or other the site was inspected on, I underground tanks and lines, drum and chemical storage areas, existing water surface spills or other visible contamination, existing ground water monitoring wells, or other indications of potential environmental The visual site inspection identified no areas of significant environment al concern upply wells, underground storage heating fuel tank (UST/H), which is disco concern. following sections. sled in more other than the re detail in n n the 6.1.1 Tract 1 City Waterfront Tract 1 is occupied by the University of Alaska F Sciences (IMS). Several buildings exist on -site, including a warehouse building railroad maintenance building, the other half of which Fairbanks Institute of Marine and tidal waves), a machine shop facility (former was 'washed away in the 1964 (half an tidal waves), fit r generator building), a laboratory building and Y (Hood Laboratory). The Seward IMS facility is shore -based support for the marine research vessel Alpha Helix. The project site includes that area east of the shop ice, Page 17 9a Alaska Sea Life Center ``' NORTECH November, 1993 Phase 1 Site Assessment and office/research facility buildings. No current improvements exist on the project site of Tract I other than the underground fuel storage tanks and piping, and it appears to be used primarily for outdoor storage. Light duty trucks, } 4 I t ! � + i t automobiles, and �" 1 I� ! heavy equipment I , ;1 i , i were being !` !I ili` .I !' • parked/ stored ' 1 1 near the Shop Facility. Vent !', .-c-°_, ' and fill pipes - . ` H ri , associated with %e., -- `- an underground .% t - -_ �— j storage tank were t - �` ///1 .�` i observed adjacent • _ !' the east side of I ' Eyt j 3 the Shop Facility. • _ - / , ' f ' The tank was , ' . 1- r -: - L • measured to be - -, • , • ; i• : ;. . ? )- ` ' eight feet in r, i ` • f ` - _,� , ' diameter, buried ' .. "b ;} I ' • • - c four feet below grade. A dark Photograph 1: Tract 1 Underground Storage Tank Area by Machine stain approxi- Shop mately four feet in diameter was noted around the fill pipe. Photograph 1 is of the tank area. The stained soil ! had a distinct diesel fuel odor. Site personnel report that the tank is a buried railroad tanker car - and supplies heating fuel for the office/ research building to the south. Approximate location of buried fuel line is illustrated on Figure 4. The southern portion of the subject site is primarily used for storage of marine equipment such as buoys, lines, nets, etc. It was also noted that a number of creosote - treated power poles were being stored in this area. Several transformers on poles for overhead electric lines were also observed. Locations of the transformers are indicated on Figure 4. 6.1.2 Tract 2 The Teen Center is located at the northeast corner of Tract 2. The building is approximately 16x40 feet and supported on a post and pad foundation. The heating fuel supply for this facility Page 18 V 6 NORTECH loliw Phase I site Assessment Alaska Sea Life Center November, 1993 appeared to be an approximately 300 gallon above - ground storage tank. No i or spills such as vegetative stress were observed around the fuel lines or tank. seemed to be tight and in � ilit Y m ndication of leaks good condition. No internal inspection of the facility was m fittings tade. The remainder of Tract 2 is unpaved and designated as a City Parking or indications of a surface release were observed. link fence, nr surrounded a foot chain An abandoned rail track was observed running lot is e and parallel by a 6 foot chain property fence. g just inside and parallel to the souther 6 - Tract 3 Tract 3 is located immediately south of Tract 2 and borders the City Dock to the west. it is en- ilalire - -/ — -. �- s 1 - _ - _ - - cl Ddb °n three , � % w� ' " !-��'+ � _ , - i sides by cyclone : # '� fencing. The � r. •. -y' .1' � southern (sea- i .,. ' - . i fsi ,�,r:,, ward) part of the • _ .� �- ::`,�„ Tract is protected / : ; ., • *mss ! '!, �i . 4 . r r by a riprap sea- ' ' + ; °!�, ..;' - '.. wal No p erma- I .-. , , - � , • �; a4- z rent structures or :7:i 4 ': spa - pr ement F -� "' mi r • . ; , r_r� Aft.' �� .. 3 � ` '� 4v ' T' I m o V ,+' . :: r • _ exi o the site. • 4 The area is used Photograph 2. s:?'; j ^ ;' . �"'' Tract 3 Riprap Wall Looking Toward IMS _• for outdoor stor_ as nets, crab pots, etc. Several steel marine storage containers were age for fishing observed. other tracts, several pairs of abandoned rail tracks exist at or 'us also equipment such boat, two automobiles, and some fish processing equipment wereoalso grado at t with the the e s site. One indications ofpetroleum, oil and lubricants (POL) or hazardous substance st orage such as drums, etc. (other than automobiles and a boat) were observed. stored on - site. No Page 19 97 1 - • V o• 1\ • - p it ' P-r-u")117 / -.- . . 1 1 i. ...v.,,,1/4.----, -" . ' 7 ..i., .''... .te' -. 'y ...... 1 — Photograph 3: Tract 3 Looking East Toward 1MS Buildings C r3 - °11111111110i Id :210 4 •1 1 r O INA gwAi .6, a: Ems. "*,' ^. ,.. Mar. 1111 - • 3.. ; • ,- �.,.. i� , • y _ .r i. ii - . 1 ' t .. •„ = - -- 1 - - - Photograph 4: Tract 3 Looking West zrd Northern Stevedoring Warehouse NORTECH Phase 1 Site Assessment Alaska Sea Life Center November, 1993 6.2 Surrounding Land Use Site observation combined with site interviews and air photo interpretation te information about the primary activities associated with the surrounding s Seward area immediately north of the subject � on was used to gather south ou including m Seward area departments north g properties. I general, commercial main nimin municipal banks, rtmen bars, restaurants, site appears to be Fire City Police), (Planning, Engineering, Electric, Utilities, Fire and police), is found north of the City center. stauran' and the City library. Residential housing The remainder of Tract 1 is occupied by the University of Alaska Institu th of Marine Science. Four main buildings exist on -site including a warehouse, generator building), a laboratory buildin ty (the Hood u�' a machine shop facili e r b g and an offtce/research facili �' (for Laboeatomer purpose of the Seward IMS facility is shore -based support ryh vessel Alpha Helix. Phone interviews with Dr. I. Paul, IMS researcher, indicate "no significant quantities of hazardous substances are stor PP°rt for the marine research no radioisotopes were stored on -site, and when em 1 � °n- site." Dr. Paul also in Char the IMS facility in Fairbanks. P eyed for scientific study, are brought from The warehouse east of the subject site is located on Tract 4 and is occupied Stevedoring & Handling (NS &H). An extension of Forth avenue to the City site from Tract 4. The by Northern to the east. NS &H has occupied is u o�Se b facilit and a ty Dock separates the y the City of Seward, along with Tracts • 5 and 6 According to Jack Goodwill, NS &H general manger, the warehouse stores primarily as well as a grain terminal for the City of Seward y dJacent storage building since 1979. It was reported that no hazardous substances or wastes arel rig support equipment for AR stored or P manly fishing gear, Immediately northeast of the warehouse facility is the former Alaska r generated at the facility. is currently a tourist information center and ift sh and a City park g op. East of the depot is s a public bli c The Depot parking lot 6,3 A ir Photos Site maps presented in this report were prepared rimari 1 combined with site as -built surveys conducted by PN&D. Y Conclusions through aerial photo P interpretation and post -1964 earthquake conditions were also aided by the use of aerial photographs. concerning was also used to estimate the age of certain site improvements pre not available through other historical sources. Dates of air P °graphs. Air photo (post earthquake), 1979, 1985, and 1993. Significant conclus photos reviewed include � and nclude 1963, 1964 past land uses review of the site are as follows: drawn from the air photograph r Page 21 • NORTECH Alaska Sea Life Center November, 1993 Phase 1 Site Assessment The subject site was used as a rail yard prior to the earthquake. Numerous switches and unloading facilities were observed on the subject site. • After the 1964 earthquake, extensive damage was done to the buildings, rail yard, tankcars, and surrounding buildings. Numerous shipping containers were overturned and damaged. Many large - capacity above- ground fuel storage tanks were overturned north of the site. • The gas station from previous reports was still active in 1985. A new building has been constructed on the site since then. • The above- ground tank for the teen center was installed after 1979. 6.4 Borehole Sampling Borings were completed by Discovery Drilling Inc. using a truck- mounted CME 75 equipped with a 6" hollow -stem, continuous flight auger and a 340 -1b. hammer -anvil assembly for driving the sampling barrel for soil sampling. Environmental sampling of the borings was accomplished concomitantly with geotechnical sampling. All field sampling efforts were completed in accordance with NORTECH's Quality Assurance Program Plan. All drilling equipment was cleaned prior to collection of environmental samples. Cuttings from each boring were to the drill hole. Boring locations were limited to those required for geotechnical investigation. Location of borings selected for environmental sampling are shown on Figure 6. Two samples were collected from each of the three selected borings for environmental investigations. One sample was collected from the unsaturated zone above the zone of seasonal water table fluctuation and one sample was collected at the water table from each boring. Samples were field screened using an OVM in order to select samples for laboratory analysis. The following section contains results ld of field screening and laboratory analysis. The OVM instrument employed during the screening was calibrated prior to use in the field and calibration data entered into the fieldbook. Copies of all laboratory results are included as Appendix C. Logbooks, field notes, and chain of custody records will be maintained for at least three years by NORTECH. 7.0 LABORATORY RESULTS Laboratory analysis of a selected number of soil samples was completed as a screening effort to help identify existing or previous environmental conditions at the site. Commonly, many environmental pollutants associated with industrial and commercial activity (fuels, waste oils, solvents, lubricants) are associated with refined petroleum products. Analysis for TPH by EPA Page 22 4.0o- ir t ( i LEGEND , 0 BOREHOLE LOCATION PROJECT FOOTPRINT1 . a SAMPLING PIT LOCATION I RAILWAY AVENUE iL .gec________ _ _ .s. ._ B- I'M S PIT 9 / In g AVACHI" • SH0P TRACT 2 ---- B- ¢#1 / PIT 3 • / Bi07 II • • ( PIT 9 • . TRENCH 4 PIT 8 I PIT 5 III IN PIT 7 _.... TRACT 1 I Iv IMS PIT 6 LAB ._ _ _ _.______ _____. _ _ . _ _____ c:::) -.-4. I 1 1 TRACT 3 Z / I 7 ims / I / Hoop R y / LA R0RATO z , Environmental & Engineering Consultants firF P.O. BOX 72020 Fairbanks, Alaska 99707 (t O t (907) 452-5688 FAX: (907) 452-5694 PROJECT FOOTPRINT AND SAMPLE LOCATIONS .DESIGN:JH PROICT NO:93145 DRAWN:MN8 DWG. NO: SAMPLOC AS C SITF ASSFSSMFNT DATE: 10-28-93 SCALE: NTS FIGURE - 6 NORTECH Alaska Sea Life Center November, 1993 Phase 1 Site Assessment Method 418.1 was employed to detect the presence of hydrocarbons at the site. Additionally, EPA Method 8020 analysis for aromatic volatile organics was run concomitantly with TPH for one sample to better characterize any contamination detected n sa ples collected at the water table. Laboratory analysis of soil samples was completed by All QC samples and calibration checks were reported within acceptable e laboratory preserved and s in pe All holding times were met, and good condition. No spikes, surrogates, blanks, or calibration checks were reported out of QC limits. Copies of laboratory data transmittals and custody forms are presented in Appendix C. I The following table summarizes the results of laboratory analysis. Table 1 Summary of Laboratory Results Sample I.D. rOrganic T TPH r 8020 Depth T i Number Vapor (418.1). BTEX (feet) i Sample Description Concen (ppm) , (ppm) 11 S -07 -05 5 -6.5 sndy bl GW grvl., mod org n/o 13.9 274 S -07 -15 3.3 * * 15 -16.5 water table, sndy bl GW grvl.nlo 5 -08 -05 4.7 * * 5 -6.5 sndy bl GW grvl. n/o S -08 -13 7.1 27.3 ND 13 -14.5 water table sndy bl GW grvl.nlo S -10 -05 10.7 64.5 * 5 -6.5 sndy bl GW grvl. w/<20%slt S -10 -14 3.3 * * 14 -14.5 water table sndy bl GW grvl n/o * = Not Analyzed, ND = Non - Detect (Below Practical Quantification Limit), org = organics, n/o = no hydrocarbon odor, grvl = gravel, slt = silt, bl = black, sndy = sandy 8.0 ANALYSIS OF FINDINGS The following analysis of the investigation findings is based on the information reviewed, laboratory results, our professional experience, and the considerations and assumptions set forth in the report. Several aspects of this Property warrant its rating by NORTECH as "Medium i sa' "Th is are risk category indicates that potential contamination has been found and further was warranted. The industrial nature of this site, as a railroad storage yard when e the R it warrant operating at this site and for other storage since the Property have added petroleum - related environmental concern. In addition, the 1964 Earthquake may Page 24 1.02 ,, NORTECH Phase 1 Site Assessment Alaska Sea Life Center ., November, 1993 compounds to sit ite with the rupture others. Exxon, the sit h of storage tanks nearby and the disappearance of 14 g Ong precautions to minimize the negative environmental impact of the Otter Rescue Center to the site, focused their remediation efforts as he w only the surficial soils. The assumption that they could only have Ground surface soils is questionable, due to Y were vacating on Exxon's previously bur tanks the immediate and leaching potential of contaminants from the surface. g Levels of TPH have been found which are not a cause for concern in and of them be an indication of even greater concentrations elsewhere on the Property. selves, but may Several storage tanks exist on the Property and in its immediate vicinity which are of an age and nature Pe r th that warrant further assessment of their environmental impact. These points are discussed in detail below. greater 8.1 Total Petroleum Hydrocarbons On -Site The analysis of our limited sampling is better viewed in conjunction with the sampling results • obtained by ESL in their prior assessment of the Property. Table 2 gives the m asured P concentrations of Total Petroleum Hydrocarbons in parts per million for all soil samples of both NORTECH and ESL, HLA sample results have not been included g the measured of soils that were subsequently excavated. � as the relevant samples were t litiere west to east and by sample depth. samples results are displayed in order from Hydrocarbons as detected by analyzed for Total Petroleum H y d ro Qrb � con ained d eter ab present on - site. Every sail sample ppm to a hi of 15,600 under the heating oil t tank t ko at t he Teen e en Cen Cenons varied from a low of 4.6 Center. TPH is used as a general indicator when the exact nature of contamination is unkno wn, but does have limitations in its use to While ADEC cleanup requirements ha e establishes discussed in Section 2.0 Methodology. gasoline- and diesel -range petroleum °hydrocarbons pemfic contaminants, such as for TPH in soils, although there was o e in existence when the HLA study e a a cleanup level The highest concentrations other than at the Teen Center (discussed Y done. 300 ppm range, sampled at a d below) have been in the 200 - This level is somewhat high, but considered feet in significant unless erent locations on the Property, concentrations elsewhere on the property or determined to actually it be dieese ror gasoline-range a greater petroleum hydrocarbons. • The sample in this range taken by NORTECH contains at least a certain hydrocarbons, i.e., TPH generated by organic substances such as amount of s f Boring 7, with a TPH concentration of 274 peat. Our sample result for all biogenic hydrocarbons. The individual per ent ge contributions biogenic to l of bid n some but not g nic t and petroleum rr, Page 25 103 Table 2 -- Total Petroleum Hydrocarbons (ppm) Depth of Sampling Locations from West to East Sample Boring Boring ' Boring Boring p Teen ' Boring (feet) 10 7 Pit 9 (1) 2 1 Pit 7 Trench 4 Pit 5 Pit 6 Center (2) Pit 8 8 Pit 3 < 1 36.9 15,600.0 1 4.6 44.4 19.4 75.0 1 -2 4.9 18.0 42.5 85.8 35.4 3 17.0 4 — 10. 202.0 c.D .�. 5 64.5 274.0 59.6 204.0 7 114.0 8 _ 9.5 8.5 93.1, 13 27.3 Observations in boxes sampled by NORTECH (1) Denoted by ESL as background (2) Cple taken from directly below above -ground storage tank at depth of 0.1' (k.,.. ,,. NORTECH Phase I Site Assessment Alaska Sea Life Center November, 1993 hydrocarbons in these concentrations will require further analysis. recommends further random sampling and analyses within the i to this end, NORTECH the Y 8 . 2 Other Hazardous Wastes project. No indications exist that other hazardous waste contamination is a concern sample tested for volatile organic com pounds was found to have no detectable levels of contamination. Polychlorinated biphenyls testing done on -site by on this site. The one • detectable levels. An EPA Method 8010 analysis of surficial soils re Exxon was found to have no chlorinated volatile hydrocarbons Y a previous consultant found no a slight concentration of tetrachlorcethylene. Ethylene glycol is Y azbons above detection levels other tha removed from the site by documented to have been stored on -site. NORTECH's investigation has discoveroleum substance red no significant potential of hazardous waste contamination. cove In addition to potential soil contamination, debris from the railroad and and subsequent fills can be expected to be found during excavation. Railroad tracks at or below Y visible in Tract 2, and ESL gave indications that other debris also e excavation area. Fade are currently xists in the planned 8 . 3 Fuel Storage Tanks 8.3.1 Former Service Station Across Railway Avenue From the sample result of Boring 08 at the water table, we can conclude that the station across Railway Avenue from the Property environmental impact on the Property. p �' is not currently having former asignificant predominant north -south gradient) The soils at the water table down - gradient (assuming a concentration of 27.3, with n olatile aromatticecompounds �station show only a modest TPH registered with the ADEC. If the tanks still exist, they detected. Y regulations and should be registered.. f tht on of tanks have not been As a source of environmental uncertainty to the Property, UST these tanks should also have a focused environmental assessment done. Property, 8.3.2 Heating Oil Storage Tanks The assessment of the fuel storage tanks on -site was beyond NORTEClJ's Phase I SA, but needs to be formally studied. The above - ground tank at the Teen Center has been found to be a source of TPH contamination to the environment: scope of work in this of spillage from the above- ground Teen Center tank and confirmed this sa v isual evidence In addition, NORTECH detected evidence of overfills and spills at the UST Shop. sample test results. by the IMS Machine Page 27 105 NORTECH Alaska Sea Life Center sod November, 19 Phase 1 Site Assessment ESL had sample results which warrant further investigations into the effects of the 8�no 9 1 Center tanks. The 10 -fold increase in TPH concentration in Pit 6, from ppm at ppm und at 8.5', with a change from damp to wet soil, caused ESL to conjecture the Teen C water is contaminated. As this sample location is directly down-gradient (assuming a north -south gradient), spillage or leakage Teen Center's storage tanks i one possible of explanation of these results. Further testing is necessary to confirm deny unacceptable TPH levels in the ground water and to link such contamination, if discovered, to the Teen Center tanks. The two underground storage tanks (one with ue old and evidence has been found that they may never been formally assessed. These tanks age tank have impacted the environment. We recommend can be performed in conjunction r with the at this time. These suggested impact studies P recommended testing within the footprint of the project. 9.0 CONCLUSIONS AND RECOMMENDATIONS Based on our investigation's findings t n analysis as well as the considerations and assumptions set forth in the report, we conclude following: • Considering the site's: 1) extensive history as a railroad yard 1 storage and industrial s the �P� confirmed solid waste debris and Hydrocarbon concentrations and 3) been rated as "Medium Risk" and warrants additional investigation. • This investigation has found the potential for significant hazardous waste/material contamination on -site to be minimal. Detectable levels of Total Petroleum Hydrocarbon � concentrations, in the 200 -300 ppm range, have been found in sampling in previous assessments and in this effort. These reported TPH concentrations may contain a biogenic hydrocarbon component and are considered that areas of high TPH conee t ration may TPH throughout the site, however, generates concern exist. • Multiple Underground Storage Tank (UST) systems, some in service since before the 1964 earthquake, exist on site and/or adjacent to the property. Based on available information, none of these UST systems have been evaluated using contemporary UST assessment. • It is recommended that, during the design phase, additional assessment efforts be completed within the proposed building footprint. The work scope pe should ld ncl work for a n d bia i s s a n l i e to address identified concerns and a description required taking into account acceptable levels of project risk and the available budget. Page 28 �. NORTECH Alaska Sea Life Phase 1 Site Assessment Center November, 1993 Although the findings of this limited property assessment NORTECH's opinion that the identified concerns are not f a severi warrant further analysis, is it or cancellation of the proposed project. Properly delineated ty that would require d concerns routinely addressed during the design and construction phase without sign ficant project impactt. f ct ca . 11.0 LIMITATIONS NORTECH provides a level of service that is performed within the standard competence found within this practice and the engineerin of care and limitations in a site investigation exist. S g profession. It must be of that pecificall physical conditions, sampling locations, the analytical Y� the unkn °wn nature of exact subsurface as financial and time constraints are limiting factors. procedures inherent limitations, as well The report provided presents results from analysis and observations of a limi ted number of samples. Consequently, the results reported may not represent the highest levels of con present or accurately represent the contamination r undetected contaminants are present the soil or p went at each site. It is contamination While there are no observations suggesting otherwise groundwater in other portions of the property. possible that all contamination associated with the property h 'the report does not confirm or deny P y been identified. Y that ert It was also not the intent of the project scope to detect contamination other than parameters requested for analyses. Therefore, no conclusions can be drawn on the presence o absence of other contaminants. The extent of our assessment, by de f t those of an intensity necess r ary to reveal all conditions with regard to environmental contamination or conformance with regulations, codes scope requested by PN &D was conssiiderled adequate a to gecies I identify having jurisdiction. The work contamination and major concerns that would represent pivotal environmental issues im po port ant nt to a property owner. NORTECH's inability to review the Otter Rescue Center Site Assessment our site examination and limited sam lie before we performed l and discussed site features that we were not able to adequately n esstiC Assessment o��ent as know of their existence until after the site examination had been points location of gnechnical bore holes as sampling location ml our rmed. on -site, predetermined site, as we did not environmental issues as they arose in our on -site investigation.ar ability to investigate The report is a record of observations and measurements made on the subject described. No other warranty or presentation, either expressed or implied, is included The recorded results reported may be dependent on the J system as especially if a spill is ongoing and/or contamination is migrating, as well genera! 1 passage of time, uded or as seasonal fluctuations Show Page 29 1r'7 NORTECH Alaska Sea Life Center November, 1993 Phase 1 Site Assessment of the groundwater, which is typical of the project area. The data should be considered representative only of the time at which the site investigation was completed. s. The report was prepared for the exclusive use of PN &D and AS LC anv st a it is s m o available to others, it should be for information on factual only surface or subsurface conditions, such as those interpreted from the results presented or discussed in the report. We certify that, except as specifically noted in this report, all statements a dd Program Plan this report are in conformance with the provisions of the Quality (QAPP) prepared by NORTECH, dated 16 June 1993, and on file with thede Alaska Dep rt and of Environmental Conservation. NORTECH has performed the work, proposed the recommendations described in this report in accordance with generally accepted environmental engineering practices using the best technology available at the time the work was performed. NORTECH `7D,,,,, /2 Ju' . A. Hawkes Date Si • ssessment Manager // /z/q3- Date • • • a Cahoon t • ogist/Q ality Assurance Officer 69./ 6d /Z i 9f3 Jo Michael Harges eimer, PE, DEE Date P incipal Page 30 108 • Phase 1 Site Assessment Alaska Sea Life Center . 4 November, 1993 • :. Appendix ,. • NORTECH Property Asses - - .. .. _ __ •�,. sment Services � • • • 1 09 ENVIRONMENTAL & ENGINEERING CONSULTANTS 0 R�ECH (907) 452.5688 • FAX (907) 452 -5694 • P.O. Box 72020 • Fairbanks, Alaska 99707 Naild NORTECH Property Assessment Services Background In the past twenty years, an unprecedented amount of environmental legislation has been enacted at both the federal and state level. The extremely complex and interrelated environmental Relevant statutes that are most frequently encountered in the real estate environmental context are the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or "Superfund "), the legislation Resource Conservation and Recovery Act (RCRA), the Clean Air Act, and the Clean Water Act. This environmental legislation may impose significant liability on the purchaser /owner of real estate, even if they had no involvement Nod in the activities causing the contamination and regardless of whether there was actual knowledge of the contamination. The courts have consistently held that the environmental liability is strict, joint and severable. Four defenses Section 107(b) of the CERCLA, however, provides the following four affirmative defenses where liability may be avoided: (1) an act of God; (2) an act of war; (3) an act or omission of a third party; or (4) any combination of the foregoing. The "third party defense" is the defense most likely to be used and at first appears to be relatively broad. However, this defense is, in practice, severely limited by the requirement that the "third party" be someone other than one whose act or omission occurs in connection with a contractual relationship. With limited h s� interpreted eo (gvenment entity, inheritance, etc.), "contractual relationship" to include a real estate deed. Superfund Congress recognized that this strict liability may cause unequitable Amendment and results by imposing liability on new land owners whobud acquired ed Reauthorization Act the property for full market value and not hazardous waste disposal activities. They amended CERCLA in 1986 with the Superfund Amendment and Reauthorization Act (SARA), which provides a framework whereby a purchaser exercise 110 NORTECH Property Assessment Services Page 2 "due diligence" and "all appropriate inquiry" in investigati a property for contamination prior to the purchase. EPA indicates that a determination of what constitutes "all appropriate inquiry" under all circumstances is to be made on a case-by-case basis and that information to be provided to establish the "innocent purchaser" defense includes the following: "Innocent 1) Evidence relevant to the actual or constructive knowledge Purchaser" Defense of the land owner at the time of acquisition; 2 ) Affirmative steps taken by the land owner to determine previous ownership and uses of property; 3 ) Condition of the property at the time of transfer; 4 ) Representation made at the time of transfer; 5) Purchase price of the property; iiiiry 6 ) Fair market value of comparable property at the time of transfer; 7) Any specialized knowledge of the land owner. NORTECH NORTECH Pro NORTECH has developed the followin standardized p ty �' site environmental preliminary v y 3 Assessment Conditions 2 and assessment services to satisfy Services and determine if there are any actual environmental liabilities related to the ro In or event of a significant property. the and III services qualify or actual contamination, Phase II q �fy and quantify the extent of contamination. Where contamination is confirmed, NORTECH is available to design remedial corrective actions and for regulatory y Phase I: Phase I provides a preliminary investigative search of Preliminary current uses of the site to determine the likelihood of con prior and Property by toxic or hazardous substances. At a minimum, each PSAsh all 11 Assessment include: A Historical Data Review (past ownershi (PPA) regulatory agencies), Site Visits, Interviews, and pr par�ation o and Phase I PPA *Ikire -111 NORTECH Property Assessment Services Page 3 Historical data Historical data reviews include available information sources that review could be useful in identifying the types, locations and quantities of toxic and/or hazardous substances that may exist. Examples of records and information sources to be searched include historical aerial photos, regulatory agency files (e.g., U.S. Environmental Protection Agency, Alaska Department of Environmental Conservation), underground tank registrations, building permits, plats, etc. Oral history reports may also be appropriate. The type of information to be collected includes: land use; identification of how hazardous substances may have been used, disposed of, or stored at each site; types and volumes of wastes or substances used or generated on the sites; on -site and off -site disposal practices; past and current regulatory actions at the sites. Within survey limits, an attempt will be made to determine the presence and location of fuel storage tanks, fuel service lines and vents. Every effort is made to collect as much information as possible prior to the actual site visit. Site Visits Site visits will be conducted to find physical evidence of contamination and/or the presence of toxic and/or hazardous substances. To ensure conformity, a standard inspection checklist is used during the site visit. Information collected includes, but is not limited to: sr the evidence and location of surface spills or other visible contamination, sr dead or damaged vegetation, .r storm drain and sewer lines, we sumps, pits, ponds, or landfills, wr underground tanks and lines, sr drum and chemical storage areas, ow existing water supply wells, sr existing ground water monitoring wells, and or other indication of potential contamination. A photographic log is made of all sites with potential contamination. Interviews of Site Interviews of site personnel are conducted, if possible, to assess Personnel past/current toxic/hazardous substance use and waste disposal practices. Interviews with related personnel (past and present), including owners, managers, employees, and neighbors, are desired. ,,, 112 ‘Isw NORTECH Property Assessment Services Page 4 Interviews may be done concurrently with the Site Visits and/or Historical Data Reviews. Report Following completion of the PPA, the available data will be presented in a report. The report will summarize the d site investigation methodologies NORTECH will observations and findings. assess the existence of con findings. The report will classi tammatzon based on our material rating system, divided into four dens, with of risk : Site risk classifications No Risk: There is nothing to indicate hazardous materials would be a problem. It is possible that hazardous materials have been handled on the p _ information indicates problems shou d not be ex all Phase II will not be necessary. p etted. Low Risk: The operation has a hazardous waste generator or deals with hazardous waste materials. However, based Oboe + on all available information, there is no reason to believe there would be any problem with hazardous azardous materials. This is the lowest possible rating a gasoline station operating within current regulations could receive. The report would include recommendations on if the Phase II investigation is warranted. Medium Risk: Asbestos, and/or water can hazardous materials, or soil indications are found nation may be identified and that the problem does warrant t h e Phase II investigation. High Risk: Hazardous materials were encountered or there is a high potential for hazardous material problems on the p Further assessment will be required the actual pTCSence and/or levels of hazardous to a als a d the need for remedial action. ous materials and The report will also identify any " hot s ots preliminary field testing sampling p �� and contain a Phase II, if required. The sampling plan p s plan s c o o e of under for Phase II to confirm the existence of the contamination and the work type(s) of toxic and/or hazardous substances. The report will identify and give a brief rationale for the test(s) recommended. 113 Now NORTECH Property Assessment Services Page 5 Phase II: This phase conducts investigations of the presence/absence of na contamination using probes, borings or other apnp Phase I a co Prelims ry on the probable hot spots" as determined Contaminant samples are taken, they will be field screened (with either a Photo Surveys Ionization Detector (PID), Gas Chromatograph or other applicable method). If there is fuel contamination, the soil samples will be submitted to a laboratory for analysis using the applicable EPA U.S. Environmental methods. Laboratory testing will conform Protection Agency (EPA) and Alaska Department of Environmental Conservation (ADEC) recommended methods and equipment. Other tests, such as for PCB's, heavy metals, total petroleum hydrocarbons, etc., may also be required. Report After receipt of the sampling results, a Phase II Preliminary Survey Report will be completed. The report will detail the methods used, provide an analysis of the results, supplemented with graphical presentations where appropriate. tand laboratory procedures used will and the confidence of the field also be included. Should the Phase II investigation results indicate that further testing is recommended, the report will also contain a scope of work for a Phase III investigation. The report will discuss the need for additional field tests and what tests are recommended. Phase III: The Phase III plan and analytical program will i ndic ate the Contamination magnitude of the contamination and the type(s) hazardous substances to be conducted at sites identified during Delineation Phase I and/or Phase II. Testing and analysis is conducted to Investigation measure the soil, groundwater or air contamination by toxic or other hazardous substances. Laboratory testing will conform to U.S. Environmental Conservation (EPA) and Alaska Department of Environmental Conservation (ADEC) recommended methods and equipment. Services can include the following tasks: Qualitative testing Soil gas or other qualitative survey of designated sites will be used to determine the presence of BTEX compounds, TPH, radioactivity, and/or other toxic or hazardous substances. A combination of several tests may be required. The exact materials to be tested and the methods to be used at each site are determined from the Phase I and II efforts. testing Quantitative soil, groundwater or air testing of sites will determine Q uantitative tes the magnitude of toxic or hazardous substances contamination. Testing will attempt to determine the source, extent, type, and any 11-4 NORTECH Property Assessment Services Page 6 migration of contamination. Examples of such work include: well water monitoring, installation of monitoring wells, soil borings and laboratory analyses for air, soils and water. EPA 8020 and 8010 methods and the TCLP tests may be used to determine if hazardous materials are contained in waste oil. Report Upon completion of the field investigation, a Phase III Contamination Report will be completed, detailing the methods used during the Phase III investigation and providing an analysis of the results. The Report will contain a concise summary of the implications of contamination at each site tested under this Phase. NORTECH will estimate the type, source, age, extent, depth and • magnitude of the contamination, with appropriate recommendations for further investigation, applicable remedial actions and preliminary cost estimate of remedial actions. A discussion of the limitations and the confidence of the field and laboratory procedures used will also be included. ikkew f 11 admieadmmkavus2.doc 11.E • NORTECH • • .. Alaska Sea Life Center • • Phase 1 Site Assessment November, 1993 • • • • ' • 5.• `� l .n...-'...--.-.,::....! i ,. ` }yam j yy i _ f._ { Appendix B �R e. •. 1 .. • 3 ,:► • : `'' - Background ` — • Ma EPA ~ &'?ADE • mss, i -�i . ,:�— 'r `u- !' �r ♦,s , - + ... � r „ '� '. 1 •y it s '� ,rt, '! .. 3 . i' .. • I ' !: y.:..r iM4Y . j .L 4 • , S . 7: ? .S. 1 1t L Y E :t• • • ,(3, . N ORTICH ENVIRO ENGINEERING CONSULTANTS (907) 45 2 -5688 • FAX (907) 4 52.5694 • P.O. Box 72020 • Fairbanks, Alaska 99707 October 26, 1993 U.S. EPA, Region 10 FOIA Office 1200 Sixth Avenue Seattle, WA 98101 Re: Request for Information To Whom It May Concern: Under the Freedom of Information Act, I previously or curently under investigation am o for ora tal violations, potential environmental to si[es lations, including but not limited to the 1/4 mile surrounding: Section 10, Township 1 South, Range 1 West, Seward Meridian Waterfront Tracts 2,3, and eastern portion of 1 Seward, AK 99664 .. The zip code for the entire area of interest is 99664. I request that records lists be reviewed in the following departments: Hazardous Waste Division including CERCLIS, RCRA, Emergency Response Notification System and j National Priorities lists Air & Toxics Division Water Division Currently, I am interested in only a list of records available for the area of interest, n of the records themselves. If you require any additional information of copies search exceeds $25 (or the current amount of the search -fee waiver), please conta t me at (907) the records 4 52 -5688. (907) Sincerely, NORTECH r 7 , ), t 6= nth A. Hawkes • 117 ';RUN DATE :�10/2.9J93 13:41:31- • • 441 PROD VERSION ?!' CERCLI4 "QATA ;BASE DATE: •10/28/93 ' • U .S. 'EPA SUPERFUND PROGRAM C •CERCI:IS •DA'TA TIME:- 18:32:07 1 * , C'E R C,L.'I S • ** • C ' .VERS'IbN •3.00 •• • • . LIST -8: .SITE /EVFN•T LISTING • r • SELECS • •**" SPECIAL ''6 ' • • SEQU'ENC'E: .STATE* ZIP. CODE ' • + . SITE .N'AME' • ' . • • . _ '.,: ST REET ;• • AC • ..';,..\• • - " CITY • • • STATE ZIP' OPRBLE , E1(•E EVENT S1 '' t' �E.EL:111�`t112:& .' .C. QL1N1Y._.c.1112 ..A9ti2.:l�1ht4 ._....:__ • ..UL,1T:.:' • IX E.� _QUAL_, w . .: . .;AK21,22 ' USDA FS ••CHUGACH NATL FOREST (KLWC) 00 DS1 ' :`;,' r iIY MP 23..4'.SFWARO H ,• :PA1, NFA . Ui • AK 99bb4• ' • :. , .•. .. .12'2 '- KENAI:'PENINSJLA • • - ,�' .'.?•',• t• ...: A. i.� • _ ` ' . . a • • r '. ! • :"../),;:, :, . , • cP11D11M. ill N (} 90) • F "• : FAX TRANSMITTAL iNdnoa»► . • , .1 ; ? , : -.1.. : • z o D � r 44K45 rem fit r M/�. -SeiY • • . : 4 . .., ::: r , • , "'"' ..0 6 ,.$5 3 -- tS ( • • ;�.y .... � i• ; ' N8117610• r. 60119 -1Ct S$9VICE 4 W o ... vv — V `G4 — U. J v v . - `...— L _. .� vv ( 0 0 0-eel i4 c Rpoe N•4 0 e c►)'A iZ`D --- 9 9 (oto N -` -` . 04/08/93 EPA REGION 10 REPORT / ` n D PAGE 14 x TOTAL RCRA NOTIFIERS - ZIP CODE SORT l T G R T O E * 5 0 EPA ID NUM HANDLER MANE LOCATION STREET CITY 21P N N D L R E G - AK0000834945 CHEVRON USA INC SELDOVIA BULK PLT P 0 00 SELDOVIA 99663 1 - -. G .._0.00830647433-- KENAI- Ft.- cELDDRIA Qa663..F X--G8 __._ AK0991200983 N L PETROLEUM SVGS INC SENARD ADJACENT CITY i R R POCKS SEMUIRD * ' 090307 K ENAY PE SULA BOROUGH SENARD TRANS END OF OIAM0MD RD S HARD ��r! f1� mism or _ -aa.. . — 110:6D064IS21 SENARD TESORO 11I 1.5 SENARD 09Y SENARO 99664 r r • . �.:..: illit ! , �A ., 2 2 08153 USO FS ' NA b' TS- L'' ' 23. SEHARD HAY SENARD 99664 1 , •• *0983067364 EXXON SENARD r' AC i ,r U • is "' ■: '" s'' 5 RD 99664 1 • a ► ..6V 1. _ *89830 11'- , It .•i -1• • 1I r , • •42 •r.r. , , .. ' ,► • • • , 1 *0903068495 ADEC CLEAR CRK SITE - TIN RIM 027 SH 11172 NNI/4 T>E 1/ SEHARD 9%64 1 X G'i' Ifi t44/4Pa ''4 r •' - , 11 l'Ili II .• .;. • I M ' ,) -• 1 61 *0903069766 2 ••D MARINE CTR 101 RAILMAT AVE SENARD 99464 s • 6 6690300185 USOO'I` C0 CURER MUSTANG 4TH.Ave s WALL QUA I IFAKUUI[ SlaaNU 9%•► 2 ► 6 b hKD� - 900 -- 953 S' ' v • . 'h • • • q'''' , , ► • -, 2 . • 1 17 St *0983075854 MEEHAN B'T PRODUCTS 709 PORT AVE 996b4 A 1 *8000034952 SNORESIDE PETROLEUM 700 PORT AVE SENARD 99664 3 G 1i *0980977490 COOK INLET REGION INC WPIENTA SIgENrA ms+, - 67 A AK869050E036 USDOT FAA SKNENTNA FAC SKMENTNA ARPRT AREA SKNENTNA 99667 1 X *0983068537 ADEC PENINSULA GREENHOUSES T5N RION S16 SE1 /4 NE1/4 SM 2. RIDGEMAY 99669 1 A0983073149 ADEC SOLDOTNA LOURDES AVE SOLDOTNA 99669 2 X X *0983074063 KENAI PENINSULA BOROUGH SOLDOTNA LDF MI 98.5 STERLING IIWI SOLDOTNA 99669 3 AKD982820235 ADEC COASTAL DRILLING S1T2 MILE 0.5 KENAI SPUR HNY SOLDOTNA 99669 1 1° AK0980975940 M I DRILLING FLUIDS CO KENAI PO BOX 545 SOLDOTNA 99669 1 '*0900974102 ALASKA ST OF DEPT OF TRANS SOLDOTNA • STERLING IIPIY MI 96 SOLDOTNA 99669 r � *0031239366 TACIIICK FREIGHT LINES INC SUTHARD BLVD RIDGENAY UHINC SOLDOTNA 99669 X *0982602174 KENAI BOROUGH PRINT SHOP 135 PARK AVE SOLDOTNA 99669 2 AUG60028966 JA[ SGM CONSTRUCTION 241 ASPEN ST SOLDOTNA 99669 X *0983071127 CARVER BUS BARN 35145 KALIFORNSftY BEACH RD SOLDOTNA 99669 3 X T AK0980984Z56 EHSTAR NATURAL GAS CO SOLDOTNA 36225 KENAI SPUR RD SOLOOTNA 99669 3 AK0983068214 ALUNI FERROUS DESIGN 43850 ROSS DR SOLDOTNA 99669 X . *8000641605 STUDI)LEFlECDS SOL00TNA TESORO 44152 STERLING NW SOLDOTNA 99669 1 0 *0980983955 KENAI BOROUGH HUNT SHOP 47140 E POPPY LN SOLDOTNA 99669 2 *0983074306 ASTEC AC PLT QUALITY ASPHALT 1I 84.5 STERLING NNY STERLING 99672 X MD983072010 IIALLIBURTIN LOOPING' SVCS NILE 85.6 STERLING NMY STERLING 99672 3 AK0991281098 MAR SPECIAL HASTE SITE INC SHAMSON RIVER RD MI 3 STERLING 99672 X MD000034984 CHEVRON USA INC TALKEETNA BULK PLT P 0 BOX 189 • TALKEETNA 99676 2 0 *9690502043 USDOT FAA TALKEETNA TALKEETNA ARPRT NAY AIDS, TALKEETNA 99676 3 X *8000641803 GRANITE POINT STATION ANCIN)RAOE APPROX 50 HI SW OP GRANITE POINT 99682 1 *0981763246 MARATHON OIL CO SPARK PLATFORM T10N R13N S26 KUSTATAI4 99682 3 *0981761776 MARATHON OIL. CO DOLLY VARDEN PLATFOR Tau R13N R6 KUSTATAN 99682 3 AK0980758876 MARATHON OIL CO TRADING BAY PROD FAC T8N P14111SO 6 KUSTATAN 99682 3 A10901763238 MARATHON OIL: CO STEELNEAD PLATFORM T9N R13N S33 KUSTATAN 99682 3 *0983070046 KENAI BOROUGH TYONEK LDFL TUN 81111 535 SK AK SOLDOTNA 99682 3 0 • ** NOTE 1) NON -REG CODES mal> 0 - N0M -860 GENERATOR / T - MON TRANSPORTER / S - NON -REG TSD 0 0 - NON- REG.BURNER-BLENDER • 2) BEN CODES mo> 1 - LARGE QTY GENER / 2 - SMALL QTY GENER / 3 - CONDITIONALLY EXEMPT GENE* . • 110•Tifh-e . o170,A- , t Wcy.•a1n.. A� Ec� a — :�lilna ti'`a.C� /ct.c �� .. r cr-' - i -ft I. — ti 6 A .. _ -IL Ord L n y n -.r...1_ _ D Pry --4, 1 r_ n.c, AtrmQ 1 n 4 le,S 6 c., ...4,0 4...., ..AH....:: ak J uDY iijWKI s - On October 5, 1993 the lanai District Office of Environmental Conservation received a FOIA request. A search of our files has revealed the following information: R BRIEF DESCRIPTION AKM3LJECCE 89- 23-01- 004 -01 Small spill 1 -2 89- 23 -01- 051-01 Small spill 1 -2 89- 23-01- 120 -01 Small spill 1-2 89- 23-01- 258 -07 Small spill 1 -2 89- 23 -01- 263 -02 Small spill 1 -2 89- 23- 01- 300 -02 Small spill 1 -2 89- 23-01- 345 -01 Small spill 1-2 90-23-01-020-03 Small spill 1-2 90- 23 -01- 038 -02 Small spill 1 -2 90- 23 -01- 126 -02 Small spill 1 -2 90- 23 -01- 145 -04 Small spill 1 -2 90- 23- 01- 163 -07 Small spill 1 -2 90-23-01-165-01 Small spill 1 -2 90-23-09-258-01 Small spill 1 -2 i 91-23 -01- 104-02 • Small spill 142 1-2 1 9- 2 -01- 126 -03 New Surd Hotel, fuel. tank removal 91- 23- 01- 176 -01 Small spill 1 -2 91- 23- 01- 189 -01 Small spill 1 -2 91- 23-01- 255 -02 Small spill 1 -2 91- 23-01- 274 -02 Small spill 1-2 91- 23-01- 276 -02 Small spill 1-2 91- 23-01- 285 -01 Small spill 1 -2 91- 23P -01- 325-01 Small spill 1-2 92- 23- 02- 092 -01 City of Seward, wastewater complaint 1 92- 23-01- 125 -02 City of Seward Ft. Raymond Generator spill 157 92- 23-01- 138 -01 Sa,11 spill 1-2 92- 23 -02- 171 -02 Eagle Lane, wastewater complaint 1 92 -23-05 - 176 -02 Whites Sawmill, solid waste complaint 3 92- 23-01- 218 -04 S spill 1 -2 92- 23- 01- 233 -03 Small spill 1 -2 92- 23- 01- 246 -02 Seward Recreation Camp, spill 77 (h. (6.. (ii, MOWER pRIEF DESCRIPTION 3'!Y )2- 23 -01- 258 -03 Seward Ship's Chandlery, spill 167 i2- 23 -03- 275 -02 City of Seward, water quality complaint 2 )2- 23- 02- 279 -03 City of Seward, wastewater complaint 3 '2- 23 -01- 291 -01 Small spill 1 -2 ►2- 23 -00- 325 -04 Alaska Railroad, leaking underground storage tank 85 '2- 23 -01- 339 --01 Small spill 1 -2 '3- 23 -00- 013 -01 City of Seward LUST's (leaking underground storage tanks) 60 C 1 O e: • � T `' '3- 23 -01- 055 -02 Small spill 1--2 3- 23 -09- 063 -02 Small spill 1 -2 3- 23-01- 106 -01 Small spill 1 -2 3- 23- 09- 132 -01 Whites Sawmill, hazardous waste complaint 1 3- 23 -02- 139 -02 Le Barn Appetite, wastewater complaint 1 3- 23- 02- 158 -01 The Farm Bed and Breakfast, wastewater complaint 1 3- 23- 01- 173 -02 Small spill 1 -2 • 3- 23- 02- 174 -01 Notorhome, 20 Nile North Creek, wastewater complaint 2 3- 23- 01- 188 - 02,03,04 Four USFS Heating oil spill projects (1 report for all) 35 3- 23-05- 195 -01 218 2nd Avenue, solid waste complaint 1 1-23-06-211-01 Seward Fisheries, air quality complaint 1 1- 23 -02- 274-01 City of Seward, killer's Landing, wastewater complaint 1 C•°• i \3►ere are approximately 800 pages of information listed. I will try to double -side copy when ssib1e; the first 20 pages are free. .ease indicate which of this information you would like copied. You can fax back to ate at I, 2-2294 ATTN: ) ARGARET. When I receive the fax I will prepare the copies. Our office will closed October 18, 1993 in observance of Alaska Day. ank you, vk d 1 � .$74 , ret ench sld Of +4 ce Assistant iai Di- rict Office PAGE 1 15:52:82 29 OCT 1993 Location Name Facility Owner Nr I D and Address and Address GATEWAY TEXACO 3_000010 HARBOR .0. OA944AY INC NORTH HARBOR 996bEWARD HWY _ SEWARD, AK 99664 SEWARD, 0- 000162 MARATHON FUEL CORPORATION MARATHON MARINA FOURTH AVE SMALL BOAT HARBOR - P.O. BOX 229 SEWARD, AX 99664 - SEWARD, AK 99664 - EQUIPMENT ST. OF AK. - D.O.T. 0- 000718 STATE O ALASKA - DOT/PF 5TH AND B sT - POUCH Z JUNEAU, AK 99811 p.0. BOX 470 SEWARD, AK 99664 - - SEWARD TESORO 0_001122 TESORO 190272 PETROLEUM CO 1.5 SEWARD HWY 1 - ANCHORAGE, AK 9951 SEWARD, AK 99664 TIDE LANDS SMALL BOAT HARBOR 0- 001484 STANLEY J. ROGERS JR. EAST OF FOURTH AVE _ BOX X 911 ' - SEWARD, AK 99664 SEWARD, AK 99664 0- 001491 CITY OF SEWARD CITY Or SEWARD - MUNICIPAL PUBLI P.O. BOX 167 SIXTH & MADISON SEWARD, AK 99664 SEWARD, AK 99664 SEWARD FISHERIES MAIN PLANT 0- 001676 ICICLE BOX INC. 100 OLD AIRPORT RD - P.O. BOX 79003 SEATTLE, WA 98119 SEWARD, AK 99664 - D FISHERIES WAR 0- 001680 ICICLE SEAFOODS, INC. SE SE W D�tT AVE P.O. BOX 79003 SEWARD, AK 99664 - - SEATTLE, WA 98119 0- 001873 KENAI PENINSULA BOROUGH SEWARD ELEMENTARY /HI S H M. S 1864,'1'IN,RIW, _ 144 NORTH BINKLEY SOLDOTNA, AK 99669 SEWARD, AK 99664 SPRING CREEK CORRECTIONAL CENTER IO- 002557 STATE OF ALASKA H RD NA LE 5 S DEPT. OF CORRECTIONS MI LER A 99664 2200 EAST 42ND AVE ANCHORAGE, AK 99508 - RD YARD, RD, A.R.R. 0- 002580 ALASKA RAILROAD CORPORATION SEWARD RAILROAD MILEPOST 1.0 - P. O. BOX 107500 SEWARD, �{ ANCHORAGE, AK 99510 0- 002847 DEPARTMENT OF EDUCATION - AVTEC ALASKA ZONAL TECHNICAL CENT RD P.O. BOX 889 SEWARD, AK 99664 _ SEWARD, AK 99664 0-002851 ALASKA RAILROAD CORPORATION A RAILROAD - SEWARD p DOCK - P. O. BOX 1075 0 SEWARD, AK ANCHORAGE, AK 99510 - 44.4 PAGE 2 Facility Owner Name ID and Address Location Name 52:54 29 OCT 1993 Xlow and Address 0- 002874 DELBERT A. HILL P .O. BAT BOX 36 1002 ITY MOTORS SEWARD, AK 99664 1 3RD AVE 0- 002912 UNIVERSITY OF p, SEWARD, AK 99664 _ C/O RISK MANAGEMENT SEWARD 101 FAYRgANKS , 101 RAILWAYrAVENE CENTER - RFOS- - AK 99775 P.O. BOX 730 SEWARD, AK 99664 0-002920 WILLIAM DAVID SCHEELE P.O. BOX 2503 SEWARD CHEVRON SEWARD, AK 99664 3RD AND B ST SEWARD, AK 99664 16 Records Processed Niwy 1 123 211111■. . , . - . - . . .,, . - ' . • . , ,,,, j oi . • . . . Alaska Sea Life Center NORTECH • • • • . . " - • • ... . . . . Phase I Site Assessment . . . . . . . . . • . • . . . . . . . . . . . . . . . • • • . . . • . . . , . • • • . . . . • . • • .- • . . . . • . . . . .. . . . . : . . , • . . . . . . . . .., . . . .. " . • • . •• :..• ......••••-• ._. .':. -: ;.,,,,:!--• :-.: ..,...::.-.:...:-.....:.:-.:'.,;..--... :.... • :..,„.::- ;- •-••••:-...- .,......•:, • ! .-....-...•:::-, .. ..-.. , - , ...,... .. . . ._ . . . . . . • . . . . • - . • " • . . • • . . . . . . . . . . . . • . . - • . . .. , .. . . . ,. . • ; i ; •. . .. . . - . . ' • • .. . . . •• ... ...,. • . . . . . . . I • , • - .. • 7 . ::.. ': .. 7 ' .„ :::.:.' '''.:.. .''-'-' :. ' ''''''.. r - • r .'' ..' ' " .•./.. .. ". •-• ' •• ":•' 1 ".: • , • • ' ", i .• . . . • .. . . . . . . . . - . . .. . , , .. .. . . . . . . • , . . . ,. ... ..: ,, . .. . . . .- - .... . . .. . , . , . , . .. . r ' I .. '• : ' iv/ . ' -... .::..‘''• ...::: '::-' ....' • • : • .. . - . Appendix ,C_.: • .- • .• . . . .- . . . .• ,..• . ,. . . .. .. , . . . • -. . . , . . • . • . . . . . • : _ . .,. . .... .. • . . • . . • ... . . . . NORTECH La Results _..•• . • • . • , . • . ... . • ' •••••'.. ''''' . '''' '''''• • -.... '':- ' ' •••,...., ....,-:.'. ,, • . ..•. : . . Nuid . . • . • . . • , . • „ ... . . . . .. ... .. _ . . . . , . , .•_ • • • • . . . • ..„_....• • • . . . . . . . . . . . . •. . .. .. , . . • .. • • . . . . . ....... . ..., . . . . . , . • . • • • • . . . . . . . . , . . • . . . . . .• . . . • . . , - • . . • . . . . . . . • . . . . . . . . ,• • • • - • . . .. _ . • i , • • . • . . . . . . . .. • . • , • . . • .. . . . . . . . ... . , . ... , . . . . . . . • • . . . . . , . • • . , . . . . . • . . . . . . . . . _ . • , . . • . . • • . . . . . . . .. . , . . . ) . . . . . . . . .. . • . . . . . • . . . . . . . . . . . • , . . .. . . . . . . . . . • . . • - • _ • . . . . , • , . . . . . . . . . . • . . . . . : . . . . . • _ . • , . . . . . . . . . . • . _• . , . . . . - . .. . . . • - • . . . - . .. . . . .. . . . . • . • - . • - . • • . . . . . . . . • . . . . . . . . • • . . • • . . . , . . . . . . . . • • . • . . . .. . . . . • . . . . . , • • - . . . . . . . . . . - . , Niiimid . . . . . . . . . , . , . . • . . . . . , • . . . . . ... • . i. 2,4 . C OMM gR C1AL TESTINQ ENGINEERING — a ge ENYIRONMENTAL L ABORATO R Y s! ny:cE$ . 8 CO. WNl.. V(,1. Chad; Ref.* :93.5295 -5 REPORT of ANALYS Client Sample ID :S -10 -05 " Matrix :SOIL 5033 B STREET ' ►+ONAQE. AK .23 C TEL (907) 982.2343 : NORTECH FAX: (907) 501.5301 Client Name Ordered By :ROBERT RK Order Project Name :RNS D/SAAOSN rtt Report Co '10/29 Projects = Report Completed :10/25/93 PWSID :UA Received ' 9 13:00 hrs. Technical Director:- .13.0 hrs. Ple Remarks: SAMPLE Released By : i� . - . 1i��- -� C CTED BY R. CAHOON. 1 Parameter tic �.___ Results Oval Units Method Limits Ext. Anal Percent Solids _- _~ _,_- - - - - -- Limits Date Date 85.2 -- --SM17 --- - - - - -- Init Total Petroleum Hydro S!!17 25400 6 m9/K9 EPA X18.1 10/14 SMK 10/19 10/19 gMK 1 1 1 • =. ss= .....s ss .assm assasss=ms ssss:=s. a. sssaaaasamss s. as ssassaesssmssss s =mss=ass * See Special Instructions Above '* See Sample Remarks above ...... mam a • Undetected, Repotted value is the practical UA = Uneveilable = Secondary dilution. quantification limit. L : te as Than 1 ^ GT s Greater Thar, foNann �...._ _ • ~.. ... . . . .r. COMMERCIAL TESTING & ENGINEERING CO. Ae VIRONMENTAL L ABORATORY SERVICE _ REPORT of •tit• ,1115. REPO ANALYSIS 5633 0 STREET ANCHORAGE. AK 985111 tE RAGE. )562- 2343 C Ref.* s S- 08 -1 5 -4 FAX: (90 263 -2343 Client Sample ID : S S - I -13 Matrix :71829 WORK Order INORTECH Client Name *ROBERT CAHOON Report Completed :10/25/93 Project By Collected :10/04/03 a 16150 hra Project Name *!N & D /OAAMB Received :10/06/93 $ 091 � hrs PrSI = Technical Oirector � " � , � "-- pwg ;D *UA Released By 1 i!' • Sample Remarks* SAMPLE COLLECTED BY: R. CAHOON. QC Allowable Ext. Anal Results Qual � Parameter Units Method Limits Date Date Init ----------- ---- -- --- "" .- --- . K SM � Percent Solids 90.7 % SM17 2540G 10/14 10/19 SK Total Petroleum Hydro 27.3 mg /Kg EPA 418.1 EPA 8020 10/14 10/21 JLB Aromatic Volatiles 0.0020 U mg/Kg EPA 8020 10/14 10/21 JLB i Toluene 0.0020 U mg/Kg EPA 8020 Toluene 0.0020 U mg/Kg EPA 8020 10/14 10/21 JLB Ethylbenzene Chlorobenzsn 0.0020 U mg/Kg EPA 8020 10/14 10/21 JLB p A m Xylene 0.0020 U mg/Kg EPA 8020 10/14 10/21 o-Xylene p 8 l ane ylene 0.0020 U m4 /Kg EPA 0020 EPA 8020 0 10/14 10/21 10/14 10/21 J [. e y 0.0020 U mg/Kg EPA 802 10/14 10/21 JLB Dichlorobenzene 1,3 Dichlorobenzene 0.0020 U mg/Kg EPA 8020 10/14 10/21 JLB 1,2 Dichlorobenzene 0.0020 U mg/Kg • i = =sss =s UA = �____�_�__ :________ tv ctions Unavailable = Above �_:__ __ = = : = *t =>� :_ :__» >.__= : =,a: =•� Not Analyzed. * See Special Ins ** See Sample Remarks Above Greater n han . U = Undetected► Reported d value is the practical quantification limit. LT = Leas D =Secondary dilution. - .0"11k1•111/ �� .. 1.Z ...caoA f2An6rate de SutveIItat+W) 1 V. _ iirme Al e COM MERCIAL TESTING ENVIRONMENTAL LABORATORY SERVICEg & ENGINEERING CO. _ Chemlab Ref.* 03.5295 - REPORT of ANALYSIS _-- 5633 8 Client Sample ID :S -07_05 Matrix :SOIL ANCHORAGE. KT94bE8 TEL: (907) 562.23. Client Name :NO FAX: (907) se •a3o ordered By :ROBERT CAHOON Report WORK Order Project Name 1PN & D /SAAMS t718Z9 Project, = Collected lets '10/25/93 PWSID WA Received =10/04/93 a 13:10 hrs. Technical DirectorsS�x�93C 809:50 hrs. Sample Remarks: SAMPLE COLLECTED eleased By s /i� „, C LLECTED BY: R. CAHOON. THE RATIO HYDROCARBONS - METHOD 418.1 - AND OIL & GREASE ME TOTAL - ME TOTAL 13.2 OF 0.60 INDICATES THE PRESENCE OF BIOGEIIIC THpp 123.2 - OF S. Results QC Allowable Ext. Anal Parameter Res Qual Units Method Limits Date Date t Solids - -_ Percent Init Total t Solids Hydro 89.3 274 SKi7 2540G 0/1 4 °-"-- mg/Kg EPA 418.1 10/14 SNK 10/19 10 /19 Std{ rr 1 • * See Special Instructions Above °°' tsassesataa=zea =za =osa = mm=SmmLJA Usavajj sasssaa ** See Sample Remarks Above UA Unavailable U = Undetected, Reported value Is the practical quantification limit. LT = (Ass Than a. Not Anal D = Secondary dilution. GT = Greater Than COMMERCIAL TESTING & ENGINEERING CO. Ilksh. ENVIRONMENTAL LABORATORY SERVICES Ade 5633 8 STREET s,tiC( 9Gtl ANCHORAGE, AK 99518 TEL: (907) 562 -2343 FAX: (907) 561.5301 93.5295 CHAIN OF CUSTODY RECORD PROJECT: AUTHORIZA!CN NUMBER: --•■)''"7- j c - 7 :- ) SAMPLERS. (Printed) \ .,� IL:— t-fi CLIENT: Si• nit • 1 " . - , • .. - -r A W 1 N "T. : (Printed) /� �� c (Signature) . . ID • DESCRIPTION / LOCATION DATE TIME 1 SAMPLE • OF 1 ANALYSIS J OA /QC TYPE CONT .1 REQUIRED REQUIRED - 013- - 5 4 i v , 3(C.: E�t1 , f . 1 40 (N iL Z. g.. l - - j f1 ( : rs, • ..e- - b - C s� 1 � 3c I � r �' c.... - I r -) t ( Y t c 13 Zr 1 \ 1 i r • . _- -•- - ell 3quished by: (Printed) , C Receiv- • by: (Printed) De / Ti try (Signature) i c../ - -( (Signature) Rel1nquishe0 by: (Printed} c Received by: (Printed) Dete / Ti me (Signature) ..., (Signature) Date / Time Received a L4etary by: Date / Time Dispatched by: (Printed) VA, (Signature) j , ._,-4O Reli nquished by: (Printed) Received by: (,Printed) Date / Time (Signature) C ondition of Conteiners: Temp. Seals yes / no Method of Shipment: good Fair Poor Comment3: ' Need kb SGS Member of the SGS Group (Societe Generale de Surveillance) NORTECH Phase 1 Site Assessment Alaska Sea Life Center • November, 1993 AP en P x D •: , Environmental. Services Ltd. Seward Otter Rescue - Center.• �= .. . - .: � Env�r °nmental Site.. ", - _ ._ Investigation •. - • 129 - (5 Seward Otter Rescue Center V.;. �- - Environmental Site Investigation 1 p • _ `_ r • prepared by: Environmental Services Ltd. 4201 Tudor Center Drive Suite 307 Anchorage, Alaska 99508 (907) 563 -1912 prepared for: Guess and Rudd 510 L Street Seventh Floor Anchorage, Alaska 99301 (907) 276-5121 July 31, 1989 • 130 t 1 RC 307 `e2 1524 + 072 ?_e354 . • • 3 _.a. X TELC�P t ER :-35 9- . ' 0 libir - 1.O INTRODUCTION 3 2.0 FACILITY DESCRIPTION 3 2.1 LOCATION AND SITE PLAN 3 2.2 SURROUNDING LAND USE 3 3 2.3 SITE HISTORY AND RESPONSIBLE PARTIES 2.4 SITE OPERATIONS AND WASTE DISPOSAL PRACTICES 6 3.0 ENVIRONMENTAL SETTING 7 3.1 CLIMATE 7 7 3.3 SOILS AND GEOLOGY 4.0 SITE INVESTIGATION 9 4.1 PHASE I: PRELIMINARY ASSESSMENT 9 10 4.2 PHASE II: SITE INSPECTION 5.0 WASTE CHARACTERIZATION 10 5.1 SOIL AND SEDIMENT CHARACTERISTICS 12 5.2 GROUND WATER CHARACTERISTICS 6.0 CONCLUSIONS AND RECOMMENDATIONS 13 6.1 CONCLUSIONS 13 13 6.2 RECOMMENDATIONS 13 7.0 REFERENCES 14 8.0 APPENDICES SAMPLING METHODS • 15 AIR PHOTO INTERPRETATION 16 SOIL LOGS kilair 131 - •EROX TELcCOPIER 235 ; a- 19 -69; 4:03 PM; c -- 29 :�. 8 .. a - =0? of 1 ?24 4 - :0 • 4 Seward Otter Rescue Center y Nomi Environmental Site Investigation Page 3 i 2 . 0 FACILITY DESCRIPTION 2.1 LOCATION AND SITE PLAN The Seward Otter Rescue Center is located in Seward, Alaska, longitude 149 degrees 26 minutes west, latitude 60 degrees 7 minutes north, between downtown Seward. and to the City dock. Seward is located along the northwestern margin of Resurrection Bay on the Kenai Peninsula. The city is about 122 miles south of Anchorage (Figure 1' The Seward Otter Rescue Center occupies Tract 2 of the City of Seward, Seward Waterfront Tracts. The Seward Teen Cente occupies the northeastern corner of the same tract and is separated from the Otter Rescue Center by a chain -link fence. This site is on the south side of Railway Avenue and extends from the western edge of Fourth Avenue west almost to the intersection of Third and Railway Avenues (Figure 2). A six foot high chain -link fence surrounds the site. Niurd 2.2 SURROUNDING LAND USE Air photo interpretation was used as a reliminar to determine surrounding land use and histor cal land techni Interpretations were field checked. interpretations are included in A The summary of ppendix 9.2. 2.2.1 Gasoline service station An abandoned gasoline station was located on the north side of Railway Avenue across the street from the Seward Teen Center (Figure 2). The station apparently ground during 1988 or early in 1989. T seed has been fenced with sight foot high 1 This site has been of charred lumber and roofing material. The site. d t remains consist be up gradient from Otter Rescue site and topographically elevated above the Otter site. Underground fuel storage tanks do not appear to have been removed. could be more than 25 years old since the station The • 1964. A fuel pump remains in tact on the sidewalk in front. of the service station. 2.2.2 Machine shop A machine shop previously existed west of the abandoned Chevron station on the north side of Railway Ngled identified this building as Seward Machine avenue. ' A sign location is immediately north and across the street from rthe western end of the Otter Rescue site. 132 • 2.2.3 Southern storage yard The property adjacent to'and south of the Otter Rescue site was being used for storage. The paved site generally slopes south, away from the. Otter Rescue site. Storage consisted of drums, a car, fish processing equipment, and commercial fishing equipment_ such as crab pots. At least 35 drums, 55 gallon capacity, were stored on this property during April of 1989. Six rusted drums located 6 feet south of the Otter Rescue property boundary were stored on a pallet. Some had labels suggesting that they contained ethylene glycol. These drums were rusted and an unlabeled drum was leaking. Five blue drums and 25 to 27 orange and white drums are stored in this area. Labels that were visible with binoculars were: EXXON Company, USA - EXXMAR- 30TP -40, FN -05711 EXXON Company, USA - TRO -MAR SAE 40, FN 02274A trailer stored on additional dm: ma eg1ir��� ���� si a at � L sot ..,... this site. Most of the drums were completely rusted although blue paint was observed on several. These were stored horizontally and some had the bungs oriented at the lowest position (down). 2.2.4 western storage yard Creosote treated logs were stored along the fence west of the Otter Rescue site. The pile was about 3 feet high, about 9 feet wide and 22 feet long. These logs had a very strong creosote odor. 2.2.5 Seward Teen center 2.2.5.1 Underground fuel tank A building located in the northeast corner of Tract 2 and adjacent to the Otter Rescue site was currently being used as a teen center. visual inspection of this property indicated that an underground storage tank was probably used for heating fuel. A filler pipe located near the northwest corner of the building suggests that the tank remains in the ground. 133 Environmental Site Investigation 2.2.5.2 Above ground fuel tank A heating oil tank, approximately 250 gallon capacity, was — observed on the south side of the Teen Center building. This tank was elevated about 4 feet and plumbed to the nuildlfl : Inc area around the tan/ showed 5 ci overfilling and spillages. Fresh oil stains were o bse rv ed on. the ground near the tank and an unusual lack of vegetation existed where oil stains were observed. Photo interpretation suggests that this tank was placed in service between 1979 and September of 1985. 2.2.6 Abandoned railroad rails Two sets of abandoned railroad rails were observed along the southern portion of the Otter Rescue site. mainly in the southwestern portion of the site. rails were 2.2.7 Severs and storm drains (active and abandoned) An active sewer extends through the Otter Rescue site in a southwest to northeast direction (Figure 3). The sewer is parallel to Railway avenue and probably sewage treatment facility that is oca ed about e2tblocks the to the west. Another active sewer is believed to exist below Railway Avenue that lies parallel to the property boundary 'swim, and is assumed to connect to the same sewage treatment facility. An abandoned sewer crosses the site in a north - south direction near the central portion of the site. Although city records indicate that this was a sewer, an open - grated storm drain was observed on the presumed line of the system and near a manhole. Another abandoned storm drain trends southeast to northwest near the western the I Rescue site. This storm drain, portion lthough ofoffi Tally abandoned, is probably still in use. c_ally 2.3 SITE HISTORY AND RESPONSIBLE PARTIES On March 24, 1989 the supertanker Exxon - Valdez went aground on Bligh Reef in Prince William Sound spilling over 11 million gallons of Alaska North Slope crude oil. Numerous sea otters were exposed to the crude oil'. Veco, Inc. and Maroon, under the direction of Exxon Oil Company, constructing a rescue facility in Seward, Alaska r o ide e medical services for the affected otters at the time of this analysis. 134 • xEROX TELECOP,ER 295 : 9- 18 -89: 4:06 P14: 907 562 1824 9 072748354 * 6 e9 09/16 loll: Z 997 :3:4 - Seward Otter Rescue Center Page 6 Environmental Site Investigation The Seward Otter Rescue Center site is owned by the City of Seward. The site was used as a railroad yard for maintenance and staging from 1906 until 1964. The U.S. military probably used this site extensively during World War II. 1 The Good Friday Earthquake during March of 1964 caused many landslides in the Seward area. Railroad tracks near this part of Seward vanished into Resurrection Bay. Associated with the large earthquake was a seismic sea wave that inundated much of the City of Seward including both sides of the Otter site. Damage from the sea wave included the overturning of a fuel storage tank several blocks away spilling large amounts of refined fuel on land and into the bay. Other near -by tanks caught fire and spilled additional • fuel. Noir A narrow elongated drainage ditch south of and parallel to the southernmost set of rails (Figure 2) apparently drained an area east of the site onto the Otter site and slightly westward during and before 1964. Most of the site has been filled over the years from 1964 to present with most activity occurring during the 1980's. The property was used for storage since 1964 and possibly for equipment maintenance. About twenty five 55 gallon drums were removed from the site immediately before Veco began construction of the site. The drums were stored directly on the ground and some leaked oil -like substances on the soil. 2.4 SITE OPERATIONS AND WASTE DISPOSAL PRACTICES The Otter site occupies approximately 1/2 acre of fenced land. ATCO trailers were placed on wooden blocks and walkways.were built to connect the trailers. Individual trailers were designated for various uses such as washing and husbandry. A waste water system was not yet built at the time of this site assessment. �.r 135 Seward Otter Rescue Center ra , Environmental Si`'s Investigation 3.0 E NVIRONMENTAL SETTING 3.1 CLIMATE A maritime coastal climate dominates the Seward area. Precipitation averaged 75 inches per year between 1987 and 1988. Based on limited data, a probable 24 'lour precipitation event will exceed 3.5 inches (Table 1). TAIL! 1 Cliaatic Data Month Ave. Highest Gust Tot. Greatest (°r) ` a ap. ?esp. Precip. Precip. ( ° F) (inches) per day 1 Jan 67 32.8 45 6 11.4 1.99 Feb 34.4 44 23 6.55 1.07 Mar 33.4 47 5 4.21 1.12 Apr 40.2 53 27 4.54 :.66 May 46.6 61 37 4.73 2.39 I Jun 49.9 62 43 r Jul 56.6 31 1.23 Aug 56.7 46 0.97 :.29 '2 46 0.93 0.35 Sep 49.9 62 35 10.46 3.63 Oct 41.6 54 23 20.75 3.83 Noy 34.3 46 21 4.01 Dec 27.6 41 2.24 Jan 16 30.1 43 11 6 . 4 2.24 Feb 32.9 8 6.29 2.59 43 9 7 .16 2.18 Mar 36.1 46 25 5.45 0.62 Apr 38.7 51 - 21 3.01 2.11 May 46.1 64 32 1.11 0.33 Jun 52.5 7 2 42 3.06 1.33 Jul 56 63 49 0.55 0.25 Aug 54.6 "2 45 ".59 1.97 Sep 46.4 63 36 ".36 Oct 10.3 55 30 1.25 Joy 31.5 46 .36 :.2J Dec 21.9 41 12 2 2.22 O.Id "1 , 12.76 1.49 Total Haan 42.7 149.70 Mu 11 Kin -1 3.83 The average annual temperature is 43 degrees F, winter months average 30 degrees F, and summer 54 degrees F. Niorid 13 award Otter Rescue Center ''age 8 _nvironmental Site Investi .cion 3.2 TOPOGRAPHY AND SURFACE WATER CHARACTERISTICS 3.2.1 TOPOGRAPHY Seward is constructed on an alluvial fan that was formed by the deposition of Lowell Creek. The fan is approximately 2600 feet from apex to tidal margin and about 6000 feet wide. The apex of the fan is about 125 feet above sea level and slopes toward the Seward Otter Rescue Center. The Otter Rescue site slopes toward the south. Nearby elevations range from ocean depths of 900 feet to mountains over 4,000 feet. An ice field exists on the west side of Marathon Mountain, approximately two miles west of Seward, and drains into Lowell Creek. An unnamed glacier on the southeast face of Marathon Mountain drains into Resurrection Bay north of the alluvial fan that forms the City of Seward. A north - south trending ridge that is about 3 miles west of Seward acts as a hydrologic divide. Water flowing west of the divide generally flows north to Resurrection River and ultimately into Resurrection Bay at a point about 2 miles northeast of Seward. 3.2.2 SURFACE WATER Surface runoff appears to flow across the site from north to the south. Some of this runoff probably drains into the manhole and storm drain along the south boundary and the remainder appears to drain eastward to Third Avenue. Several hundred feet south is shoreline of Resurrection Bay. The tidal range at Seward is about 15 feet. 3.3 SOILS AND GEOLOGY Surface water run off from the Otter site flows across the site to the south or east to the road. No significant ditches or diversions were observed. Tidal fluctuations range from a higher high water of 13.7 feet to lower low water of -3.1 feet. a '7 3ewa re Otter Rescue Cente Ailed :nv i ronmental Site Invest. 'age 9 3 . 3 . 1 SOILS • soils_ are composed of unconsolidated material ranging i size from boulders to silt. colluvium and avalanche debris transported leSs t a ed n from mile to Seward by Lowell Creek. an lar Deposits are coarse, non- gu , sandy graVel and boulders_. horizons were encountered during Numerous to multiple events of man -made fill. g excavation suggesting soil is estimated to be high, Hydraulic tfvityiof 10 -2 cm. per second. g Probably on n the he order of I 3.3.2 GEOLOGY ; The local area is typical of coastal Alaska and of argilites and wackes of the Valdez Grou up • of the McHugh is composed sedi ments deposited aComplex consists of a The Valdez tnrbi Bites (Winkler marine slo a Late Cretaceous et. al., 1984). P fan, and bacon -plain Possibly as fill, occur at the Ottr site�r amounts of coal, Quaternary deposits overlay count progl acial alluvial fans rY rock and are composed of posits and anthropogenic fill. fans, shaking Seward is ' minor beach dung the g and tidal wave inundation to intense ' de durin fthe goo duch iday earthquake of as evidenced the low 1964. Seismic sea event• lyin terrain during that 3.3.3 AQUIFER AND GROUND WATER DATA Ground water is the sole source of drinking water in Sew Both private and municipal wells are located i unconsolidated soil are. available about well locations and aquifer Limited in the However, data from several wells located less data is north of aquifer characteristics. north the Otter site suggest that at than 2 miles the other about 200 feet deep, below the least 2 aquifers ground surface, and Ground water below the Otter site is shallow is directly related to the tide. and the depth t. range from 8 feet to about 20 f are expected to exist although no information is available.eeper aqiiiid uifer may 1 38 Seward Otter Rescue Cent( 'ge 10 Environmental Site Investigation 4.0 SITE INVESTIGATION 4.1 - PHASE I: PRELIMINARY ASSESSMENT A preliminary inspection of the site on the 30th of April, 1989 was conducted by Greg Cheney and Keith Fabing of Veco and Dan Young of Environmental Services, Ltd. At that time 4 men were on the site setting large wooden blocks as foundations for ATCO trailers. Host of the site had been cleared and gravel fill placed on the ground surface prior to the inspection. An elevated heating fuel tank was observed along the south side of the Teen Center Building. The area around the tank was unvegetated. The ground was stained with a dark substance that resembled fuel stains. These stained areas were unvegetated and were next to healthy - appearing grass. A fuel line connects the tank to the Teen Center restricting foot travel between the tank and building. This area was unvegetated although the area along the building, away from the tank, was vegetated with healthy - looking grass. The tank was 5 feet long and 3 feet 2 inches in diameter and stored horizontally. Several bare patches of soil were observed up to 20 feet from the tank. My conclusions are that multiple fuel spills have occurred in this area. According to Greg Cheney, about 20 to 25 drums of 55 gallon capacity were removed from the eastern portion of the site the previous day. The foot prints of at least 10 drums were observed in that same area and hydrocarbon substances were observed associated with some of those footprints. The following knowledgeable persons were previously interviewed by Greg Cheney: Tex Ainsworth, City of Seward Jack Anderson, engineer, City of Seward Shelly Williams, consulting engineer from Seward 4.2 PHASE II: SITE INSPECTION A subsurface investigation was conducted from May 1 to May L 1989. Samples were collected from a solid flight auger that was used to drill two holes for power pole installation (Figure 4). Four pits, pits 3 to 7, were excavated using a backhoe during the course of site development and consequently sampled from the side walls using a rock pick and sample jars. Test pits 8 and 9 were excavated expressly for sampling and were sampled from the side walls using the sane nethcd. 13 3 3ewa rc Otter Rescue Conte- rnvi ronmental Site Invest d,,tion tie 11 4.2.1 Soil Sampling Sampling results of Total Petroleum Hydrocarbons from the subsurface investigation are shown on Figure 4. A com lete list of results from the investigation is P 2. Soil logs are presented in A presented in Table Appendix 9.3. Results from Table 2 suggest that hydrocarbons are widely distributed over the site near the surface and to the total depth of investigation assumed to be 4.6 parts , 8 . 5 feet. Hack ground values are hydrocarbons TpH per million (ppm) total petroleum (TPH) based on results from pit 9. The highest TPH values were ls, 600 ppm sampled from a relative fresh spill near the fuel tank near and south of the Teen Center. 4.2.2 Water Sampling Water samples were not collected during the subsur investigation. Limitations face sampling to the area of the backhoe restricted a the water table is not kn ow the it b is ' T h e de to feet as observed in pit 3 and less than about g 20 a feet t due to the proximity of the bay and nature of soil materials. 5.0 WASTE CHARACTERIZATION A geophysical curve site to investigate torwas buried metal. over a of an electromagnetic survey portion of the The survey consisted Conductivity meter. Y using a Geonics EM -31 Terrain Code The instrument was used in the in- mode, a mode that is most sensitivity hase both subsurface and surface. Y to metallic objects, approximately 13 feet. investigation The detection range. was construction and surface This c as was restricted railroad by tracks and heavy equipment abandoned railroad geophysical survey are shown inFFgu (Figure 5 5 ' Results of the in section 5.1.2. g and 6 and discussed c - 140 ( - - ( 111,1 - . - -- (r i 1(11iLd: L BULL bAMNLL•. 111tuicHN'1'1U14 !.. pie IOM type location Date Noldin9 Boring Sample IPN by IPN by PCB'S Collected lice EPA Lull 160199OU1 soil Seward Otter Rescue Center 05 /01/89 7 I 1 18 NA NA a...0109002 Soil Seward Otter Rescue Center 05/01/09 16 2 1 10.2 NA N0(0.1) 00:39001 Soil Seward 01ter Rescue Center 05/02/89 15 3 I NA 75 MA nse tN100IR Soil Seward Otter Rescue Center 05/02/89 MA 3 IN NA NA MA 0$1489002 Soil Seward otter Rescue Center 05 /02/89 15 3 2 202 NA 110(0.1) USW39002R Soil Seward Otter Rescue Center 05/02/89 NA 3 24 NA NA NA OSP2C9001 Soil Seward Otter Rescue Center 05/02/89 MA 3 3 NA NA NA C5+2190t14 Soil Seward Otter Rescue Center 05 /02/89 15 3 4 114 NA 1o(0.1) 1x: :004R Soil Seward Otter Rescue Center 05/02/89 NA 3 4R NA NA NA 0`•G Asbestos Seward Otter Rescue Center 05 /02/89 NA 3 S NA NA NA 910109309 Soil Seward otter Rescue Center 05 /01/09 5 7 42.S NA NA OS113T)003 Soil Seward Otter Rescue Center 05/03/89 NA S NA NA NA 0303T/005 Sell Seward Otter Rescue Center 05/03/89 14 6 85.0 MA NA 050389001 Soil Seward Otter Rescue Center 05/01/89 14 4 36.9 NA N0(0.1) 050389005 Solt Seward Otter Rescue Center 05/03/89 14 6 85.8 NA NA • 050189005 Soil Seward Otter Rescue Center OS/01/89 S .6 125 MA NA 0;03 Soil Seward Otter Rescue Center 05/01/89 S 6 12S NA MA ,3503R90OIR Soil Seward Otter Rescue Center 05/01/89 NA 4 R NA Na NA malti:0O)R Soil Seward Otter Rescue Center 05/01/89 14 S R NA 19.4 DS 10(0.1) O',0i:9009R Soil Seward Otter Rescue Center 05/01/89 NA 7 R NA NA MA 1 Solt Seward Otter Rescue Center 05/01/89 NA 6 R NA NA MA OSUIt9002 Soil Seward Otter Rescue Center 05/01/89 14 • 4 2 44.4 NA MO(0.1) in"°a 0;0159010 Soil Seward Otter Rescue Center 05 /03/89 14 7 2 59.6 NA MD(0.1) .4:,0389006 Soil Seward Otter Rescue Center 05 /03/89 S 6 2 204 NA NA 4,' OS013900611 Soil Seward Otter Rescue Center 05/03/89 NA 6 2N NA NA NA 0503090101 Soil Seward Otter Rescue Center 05/03/89 NA 7 2R NA NA NA 0503090021 Soil Seward Otter Rescue Center 05/03/89 NA 4 211 NA NA NA (50309007 Soil Seward Otter Rescue Center 05/03/89 NA 6 3 NA NA NA 0503090078 Soil Seward Otter Rescue Center 05 /01/89 NA 6 32 NA NA NA P50184005 Soil Seward Otter Rescue Center 05/01/89 S 6 4 91.1 NA MA U503:1900OR Soil Seward Otter Rescue Center 05 /01/89 NA 6 4R NA NA MA OSOS114004 Soil Seward 011er Rescue Center 0S /03/89 14 NA NA MA 15600 0 NA 050:11';11044 Soil Seward Otter Rescue Center 05 /03/89 MA NA MA MA NA MA C5P404d01 Soil Seward Otter Rescue Center 05 /04/89 I3 8 1 35.4 MA M0(0.1) (6447C001 Soil Seward Otter Rescue Center 05/04/89 II 9 1 4.6 NA MA 0504090018 Soil Seward Otter Rescue Center 05/04/89 NA 9 IN MA NA NA OSO409001R Soil Seward Otter Rescue Center 05/04/89 NA 8 IR NA NA NA 0504E9002 Soil Seward Otter Rescue Center 05 /04 /89 Ii 8 2 NA 17.0 OS , MA II 050499002 Soil Seward Otter Rescue Center 05,04/89 13 8 2 NA 17.0 DS NA 05043)004 Soil Seward Otter Rescue Center 05/04/89 4 9 2 4.9 NA NA (';045 Soil Seward Otter Rescue Center 05/04/89 NA 8 2R NA NA NA 050:090041 Soil Seward Otter Rescue Center 05/04/89 NA 9 211 NA MA NA lXPI AMA) 1011 NA : Not applicable or not tested ND( I = Not detected and detection limit 1 Sewarc: Otter Rescue Cent, Inv ironmental Site Investigation '9e 13 5.1 SOIL AND SEDIMENT CHARACTERISTICS 5.1.1 Soil and sediment properties The site generally consists of man made sand and angular coarse - grained fill composed of was tested for total gravel (Appendix 9.3 was for petroleum hydrocarbons 9.3). Soil not detected and TPHl ranq�de f o 15,600 F H ) • (TPH) ) and n ot T 2). PCBs were ). Concentrations generally ppm (Figure 4 Adequate data below increase below the ground surface to about 5 feet. Adeq that level is not available, 5 . 1 . 2 Geophysical results Conductivity values were plotted at the scale of per meter (Figure 5). Conductivity 1 milli a r e interpreted to represent subsurface anomalies. "lows" significant anomalies are shown on Figure 6. are most elongate anomaly Potentially abandoned surface railyoawa interpreted to The senthean tractor inter andon dud trailer was The represent an interpreted to be part of the of the e linear anomaly to the east. Photo interpretation (Figure suggests that railroad tracks were p (Fi l larger gure 2) 1964. The reniform_ shaped anomaly near this area in interpreted to surface and near surface tracks a alth other buried metallic debris could is feature. produce the same shaped The northernmost linear anomalies a are interpreted to be too w• PPear to be related and sewer. Photo i nterpretation su to represent I the extent of the ggest that this a sanitary northern railroad ar may be abandoned after 1964 or an abandoned trench parallel to the tracks (Figure 2), that were the (Figure a f this represents the buried trench, was buried with the trench would suggest that metallic material The eastern triangular anomaly is broad and relative buried metallic r ativesgentle. This anomaly may present re buried tracks. does not appear to represent In summary, photo interpretation :investigation suggest that and' this physical this area. Howe buried tracks could a ist in this as 55 ver, trenches with buried metallic debris Physical 5xcav on drums would produce similar confirmation. or drilling is recommene results. 142 ewai d Otter Rescue Center page 14 .nvi Site Invest: :ion 5.2 GROUND WATER CHARACTERISTICS • Ground water was not encountered during the site investigation due to limitations of sampling equipment. However, a soil sample collected at a depth of 8.5 feet from pit 6 was wet (not saturated). Because the damp sample from 8.0 feet depth of this same pit had a low TPH value and the wet sample immediately below had a higher value (Figure 4), this sample is interpreted to indicate that the local ground water may be contaminated. We predict that the water table at this site fluctuates approximately 20 feet with the tides. 143 • _ ward Otter Rescue Center :,rvironmental Site Investi __ion - 15 6.0 CONCLUSIONS AND RECOMMENDATIONS 6.1 CONCLUSIONS a from su Relts f sampling analysis, Re su l ts ew f sug th y , field observations Rescue Site is contaminat d low l of the Seward Otter fuels and waste oil. Two samples were l obtained ined from the f the e fill placed during construction. total petroleum h one sample was 36.9 Thal resol suggest and the other was 4.6 ppm haminated. ggest that the recent pp be on nsami from Sawmill fill b d for till may also was th Otter Center was A very extensive re-alignment AtOgnak Lo under State of Alaska OTPFtcontractito Creek dstOm and Sons, was °ration. Inc. above and below the Sawmill.Creek bride on preformed during the time that The Afognak Lo the creek for fill. fill Logging Corporat Y equipment was working in the creek. ll was exposed to h eav working litm yfor hydraulic fluids, This indicated a high probability for gasoline gear lubrications, diesel contamination. Witness accounts fuel during construction ructon in the creek attested ("rainbows the creek to seem hydrocarbon s h ee nructio i surfaces"") from the b deodurng These same sheens would have g during through. the area Afognak Logging Corporation was minin g the gravel fill. passed generally over and Hydrocarbon contamination appears to increase with depth (Figure 7). • There was some speculation that Afognak Lo used contaminated dump Creek to the Otter Cettrucks to haul the f i llfrom p Sawmill by NORCON Construction in Seward and investigation was not the case. eward has determined that this Sawmill Creek is adjacent to a filled wetland. This prior to the area Exxon Valdez s Ths filunk yard. Above Nash Road, there are some developed lot a the shore of Sawmill Creek. junk developed areas A visual inspection of these deeopedtion which also indicates Y explain the possible sources um h f ydrocarbons in the fill. levels.-of petroleum Results from the geophysical i nvestigation a interpretation suggest that nd air western portion the site and waste exists photo the i uried the survey limits. Probably extends westlbeyond determined by The nature of the waste could not be y these techniquques. Underground drains and Sewer systems may leak below storm the ground s to rm , a i.. p ThesE - i,a. i1es� rinr tl:l sae t i app to have been s ' 1 :h =... - = • ....n•_,ka o f 1 „ for (...r.-!.r. ," S ,• _:; r ''- i .. We * oun�, p.` ' O' u::G "Olds C'c_ .C,:i3.yE C ^;:lei E_`.. th at r;;:::.N1:��; �f_ -= �1 _.v ruse.: .. . tam 17 :� 14-4 • ewaru Otter Rescue Center '' - -'e 16 .nvir onmental Site Investi ion hasn't been detected. Although some of these utilities have been abandoned, site inspections suggest that they are still in use and may be allowing contaminant from other areas of Seward to seep into the ground. 6.2 RECOMMENDATIONS A shallow sampling program is recommended when the Otter site is taken out of service. The program would involve sampling 12 localities to a maximum depth of 3 feet. A grid could be laid over the site and a random number generator used to select the sampling locations. Results of the sampling should be statistically analyzed and compared to the results shown of Figure 7 to determine if additional contamination has occurred since the site was constructed. • • 145 :ward Otter Rescue Center Page 17 1v4.ron:nental Site Investi- ion 7.0 REFERENCES 4 inkler, G. R., Miller, M. Dumoulin, J. A. 1984. L., HoekZema, R. g,, and a traverse of A., Chugach from Anchorage to Cape Resurrection: geology of Alaska Geological Survey, 40 1 siwid 14G 3waru Otter Rescue Center P -Fre 18 .zvi.ronmental Site Investi ion 3.0 APPENDICES t 4 4trr' 147 'eward Otter Rescue Center ° age 19 :nvi ronmental Site Invest ion APPENDIX 8.1 SEWARD OTTER RESCUE CENTER 8.1 SAMPLING METHODS SAMPLING METHODS The investigation of the Otter Rescue center site began during construction of the site. drill rig or other a Lead time to acquire a dril tract nature of the equipment was not available due to the f asai nin project. Sampling consisted of 9 grab samples from excavations that were made for construction. Several other its sampling in areas that were accessible e after after was mostly completed. Much of the site was not accessible during sampling or the geophysical investigation. The equipment and operator that was used was su Morcozn, the construction contractor. Sampling was scheduled PPlied by around the construction. The backhoe had numerous hydraulic leaks and attempts to protect the site were made. small amounts of hydraulic fluid e th, excavated pits. ga probably enterred d the pits when possible to avo d hydraulic t contamination s °f the Samples were sent to Chemical for analysis. Several of And Geological Laboratories for analysis. ysis the samples exceeded the 14 day provide a scan for contamination f testing was intended to not available. Subsequent testing was eward Otter Rescue Center o4ge 20 41161,0 :nvironmental Site Invest. ion APPENDIX 8.2 SEWARD OTTER RESCUE CENTER 8.2 AIR PHOTO INTERPRETATION Air Photo interpretation 30 March 1964 A narrow elongate ditch located about 50 feet south of the building that is now the Teen Center extended in an east - west direction. The ditch was parallel to the southern most railroad track and was about 10 feet north of the track. Drainage from the east would probably move onto the Otter Rescue site if intercepted by the trench. Nondescript debris was scattered along the south side and within the ditch. Some minor gullying was observed on the ditch walls suggesting that the ditch had been emplaced for several years prior to 1964. Tract 2 did not appear to have trees or shrubs growing on the site. The area west of the "Teen" building was used for storage. The entire site appears to have been used by vehicles or for storage. 14 April 1964 At least 5 sets of rails were observed south of the ditch south of the "Teen" building. Two sets of rails merged immediately south of the ditch south of the "Teen" building. This area appeared to be a staging area for the railroad. Many items were stored on the south side of the rails. 14 July 1975 1 Rails are not visible near the ditch. The ditch exists and trees or tall shrubs were growing along the north side of the ditch. Part of the ditch appears to have been filled. A chain link type fence has been constructed along the western portion of the site. Jtost of the site appears to still be in use. Minor storage • existed south and east of the "Teen" building. Vegetation growth was restricted to the abandoned ditch or areas adjacent to the "Teen" building and along Railway Ave. The lot to the south appears to have been graded. An elongate. "wet" arcz a e >_rcnd= from the area new.' the southern ., ;c: - ^- - : ;:t . a ttn adjn. _.._ : lot. A 149 Seward Otter Rescue Center NINO Environmental Site Invest .ion --. qe 21 Otter Rescue Site above the ditch that once extended into the Rescue Center site. The gas station across Railway Ave. „ appears to be in use. Y from the "Teen" building A trench is open where the water main is currently located and soil is piled on the west side of the trench. 13 August 1976 The vegetation Thev iveg pattern appears to be the same as the buds year. A fence has been placed along the southern ry of the Property. 2 September 1979 • Low lying vegetation moderately established on the southwest appears e o be p and around the "Teen" building. °rteon of the site from the northwest area of the siteu diagonally r ea t extends ethe etated southeastern corner of the site. the property appears The southeast portion of observed in that area was vabouttthe Size storage container type building of a truck trailer. A shed t shape, and height northwest corner of the site.ng was located in the The adjacent Storage is mai along the perimeter of that lot. 2 September 1985 The site appears to have vegetated. The ditch was not o filled and moderately I shrubs were growing aloe observed. Trees or tall along the western boundary most of the southern boundary and ab and the site a of the site. the eastern most area ppears not to Storage w no area. The eastern barea use except for lacking vegetation. Type of use is not determinable appears bleand the area may have recently (less than 2 years) be put out of service. A tank has been the south side. This tan klais d near the "Teen" building on probably the same fuel tank that was observed during the 1989 site inspection. Fences surround the site and =adjacent property to the south acontinuesartolosed. storage with most of the near the a The. bounder he material stored be used as Y. The warehouse type building east of the site C has been expanded (almost doubled) towards the east. 4 June 1988 :orticn J c_ 17in -� -o_ _eve_ }•cz_1- most c: tn= Lita :It. - :. =till urvegetate :. cn�. ecsutL: �� �r °= suu:i 150 Seward Otter Rescue Cente- Page 22 Environmental Site Inves 4ation of the east gate appears to have been used frequently by vehicles. About 25 orange or red drum -like features are stared on the eastern part of the site. ' Vegetation is absent_ or less developed down gradient from this site. vegetation is also poorly developed or lacking in the southeast corner of the site in the same area where vehicle traffic was interpreted to have occurred. The surface color is dark brown and resembles fresh oil or peat. The easternmost portion of the site has 4 truck - trailer type units stored outside the fence. The eastern gate was open. The adjacent property to the south is still used for storage with most of the items stored near the common boundary. The gas station building on the north side of Railway avenue was intact. 1 151 Sescard Otter Rescue Center rm ironmental Site Inve 3ation Page 23 APPENDIX 8.3 SEWARD OTTER RESCUE CENTER 8.3 SOIL LOGS Seward Otter Rescue Center Log of Boring # 1 Logged by: D. Young and K. Fabing Location: Northern portion of property about 50 feet west of Teen Center. _ Driller: City of Seward Equipment: Solid flight auger for power pole installation Date: 1 May 1989 Time: 1100 0- 4.3' Gray silty sandy gravel (GP -GM), cobbles up to 4 inches, very angular, with coarse- to medium - grained sand, damp. About 15 to 20% silt. Trace organics as rootlets to 3 feet depth (fill). Metallic debris consisting of small bolts and strapping observed from surface down to 18 inches. Sample 1 ( at 2.0 feet, grab. Se.oard Otter Rescue Center Page 24 Environmental Site Inve . .gation Seward Otter Rescue Center Log of. Boring # 2 Logged by: D. Young and K. Fabing Location: Northern portion of property about 50 feet west of Teen Center. About 15 feet southwest of boring 1. Driller: City of Seward Equipment: Solid flight auger for power pole installation Date: 1 May 1989 Time: 1100 0- 6.0' Gray silty sandy gravel (GP -GM), cobbles up to 4 inches, very angular, with coarse- to medium - grained sand, damp. About 15 to 20% silt. Trace organics as rootlets to 6 inches depth (fill). Rust colored patch about 4 inches square observed below 0.5 feet. Sample 1 (050189002) at 4.0 feet, grab. 153 Seward Otter Rescue ration Cent 'nvironmental Site Inve. °age 25 squid Seward Otter Rescue Center Log of Pit 13 Logged by: D. Young Location: Eastern portion of property. Pit extended from 32 feet to 47 feet south of southeast corner of Teen Center and between 21 and 29 feet east of existing chain -link fence. Excavator: Norcon Equipment: Cat 977 track - mounted backhoe Date: 2 May 1989 Time: 0857 0- 11.0' Olive black silty sandy gravel (GP -GM), angular cobbles boulders up to 13 inch diameter. Spherical and subdiscoidal about 1 to 2 inches. Coarse- a and , med um- grained sand, about 10 % silt. Trace organics as decayed wood chips. Soil is damp, loose near surface, medium dense with depth. Yellowish brown staining on soil below 3 feet depth. No apparent structure or imbrication observed (fill). Iron rail, 3/4 inch pipe, and concrete casting (12 inch diameter) detected at 1.5 feet. A 12 inch Nvid diameter pipe section, 10 feet long was observed at 2 feet depth. Shale clasts and asbestos type pipe observed at 4 feet. Wire mesh observed at 6.5 feet. Iron pipe of 3 inch diameter was observed at 7 feet and black asphalt was detected at 8 feet. An electric cable (live) was observed at 5 feet and water main at 10 feet. Total depth 11.0 feet. Sample 1 at 1.0 feet. Sample 2 at 3.5 feet, sample 3 at 5 feet, sample 4 at 7.0 feet, sample 5 at 6.5 feet (for texture). 154 Seward Otter Rescue Cen+ ?age 26 Environmental Site Inve___gation Seward -Otter Rescue Center Log of Pit # 4 Logged by: D. Young Location: Between north -south orientated trailers and east - west orientated trailers, central portion of property. Pit is part of a shallow utility trench adjacent to eastern and northern most trailer that are orientated east -west. As -built not available Excavator: Norcon Equipment: Cat 977 track - mounted backhoe , Date: 3 May 1989 Time: 0940 0.0- 1.0' Olive black silty sandy gravel (GP -GM), angular gravel up to 3 inches, medium- and coarse - grained sand, about 10 to 15% silt. Organics as roots and rootlets, loose, damp (recent fill). 1.0- 1.8' Olive black sandy gravel (GP), angular boulders up to 14 inches, medium- and coarse - grained sand. Loose and damp. Small rusty metal (like nails), 1/8 inch cable, rootlets (fill). Sample 1 @ 0.5 feet, sample 2 @ 1.0 feet. 155 Seward Otter Rescue Center Environmental Site Inve gation Page 27 ` . Seward Otter Rescue Center Log of Pit # 6 Logged by: D. Young Location: Between north -south orientated trailers and east - west orientated trailers, south side of property. Southern limit is adjacent to southern edge of southern most trailer. As -built not available Excavator: Norcon Equipment: Cat 977 track - mounted backhoe Date: 3 May 1989 Time: 1727 1; 0.0- 0.5' Olive black silty sandy gravel (GM), cobbles up to 4 inch diameter, angular. About 10 to 20% silt matrix, loose, damp (fill). f; 0.5- 1.9' Medium brown, sandy gravel GP inch diameter, well - rounded` subel ngate, a grass root zone at the top of this layer, loose, damp (fill). 1 .9- 8.0' Gray sandy gravel (GP -Gw), diameter, subangular cobbles up up to 2 feet . sizes. Damp to 8 feet, we (not saturated below l 8 feet) no apparent structure (massive), roots and Nomod rootlets near the top up to 1/4 inch diameter. Wood fragments up to 1 inch diameter suggest fill. Total depth 8.5 feet. Sample 1 @ 2.0 feet, sample 2 @ 5.0 feet, sample 3 @ 8.0'. • 153 Seward Otter Rescue Cenr- Environmental Site Inve: ration page 29 Seward -Otter Rescue Center Log of Pit # 8 Logged by: K. Fabing Location: About 40 feet west of eastern fence, south half of site. As -built not available Excavator: Norcon Equipment: Cat 977 track mounted backhoe Date: 4 May 1989 Time: 0945 0.0- 1.5° Olive black silty sandy gravel (GP -GM), loose, i damp (fill). l 1.5- 3.0' Organic layer with metallic debris and rebar (fill). Sample 1 @ 1.6 feet, sample 2 @ 3.0 feet f !i Seward Otter Rescue Center Log of Pit # 9 2 Logged by: K. Fabing Location: Located in western part of property. Five feet north of northern most trailers, north of western end of eastern trailer that is oriented east-west. 1 14 /10 ,. Excavator: Norcon Equipment: Cat 977 track- mounted backhoe Date: 4 May 1989 Time: 1019 0.0- 0.5' Olive gray silty sandy gravel (GP -GM), cobbles up to 7 inches, loose, damp (fill). 0.5- 1.0' Reddish sandy gravel (GP), contains abundant red brick fragments. Contains coal fragments, damp, I loose. II 1.0- 5.0 Brown sandy gravel, cobbles to 6 inches, massive (no apparent structure). Contains coal and wood fragments, loose to very loose, damp (fill). Sample 1 @ 2.0 feet, sample 2 @ 5.0 feet tLsJ FIGURE 1 - LOCATION MAP i Z , \ . \ �� 61 I i ■ !. ) ''',11110 i • . I i (9.0 „..., 0 . 1 4� .. ..-„pc. , ..------, r 1 ., C Scale 1" 4000' —4000 —2000 0 4000 e000 ixoo _ __ _ ...=- _ 4 158 i - -- ( ow: 0 a n w T I-- 1ee9 ` ‘9 g51 Fl M4 I. i GAS PUMP CHINE SHOP Vo G� L z o WAREHOUSE -I h 7 WAREHOUSE 1989 some O rte► N 96.1) ,. .. " .LOCATIONS ARE APPROXIMATE 12145 - 0 NOT TO SCALE • STAGING AREA 1964 • - \ _ y.."'(6) 0 \ / ■ 05 55 GAL DRUMS ` 0 450 (35) 1989 CRFpso OD .. / BAY i 9e9 C ) m DATES BEFORE 1989 RI.I'RESENT \ DOCK INFORMATION FROM I IIS I ORICAI- Alit PI IOTOS \ 1989 \\ OTTER RESCUE CENTER \\ 1 1 I 1 ■ I \ isi a I 51 I I ��� , u, ,O�• E • • cam; Ill STORM If LET ' ',1 _ s P'.' . 0 \ 1.1.'•111 IUl k r • 0 I �• r ��4) y n ■ �� c .' 1 i i •S co 1 i 1 Q . F ■ V -1 wrn ` 1oi 15 \ , , J• :pi �F�"G •� P • • ..-U •� N 0.FP \, 0 POWER POLE .; to w• J � c 2 . O IIl' t � 13 i CO 1141 11 • .IAP11 TOLE OF J� s 5 01P8p t G 1� F 0 h Scale 1" : 40' -40 -20 0 40 09 le0 (.. - (... C ( , . .. _ R7 OTTER RESCUE CENTER / I] /$ 6 °, PIT Bo R r�uG 19 (2) ,� 1111 5 21 tYii 4 , \ .--s PIT 8 � 0 MANHOLE w MANHOLE 0 36.9 (0.5') 35. ( 1.6 ° ) i 44.4 (1.0') 17.0 4 °) ... 19.4 (1°) ) . 0 r Q , PIT 7 ___\_.,----- 0'4 PIT 9 /11 42.5 (2') ) ■ 4.6 (1') 4.9 (2') PIT 6 " 85.8 (2;) J ►+ ® e 5 8 °) 6 EXPLANATION *93.1 5') ® TOTAL PETREOLEUM HYDROCARBON (PPM) t ..; AND DEPTH (FEET) 0 { ,,--- '.. m .c. Scale 1" : 40° -40 -u 0 44 110 4R0 OTTER RESCUE CENTER .\ I - , , c -C- N "' il kaw� o tk . Co \ p t __ � - ' \ ..... • `. `,• ' • e lj • tM'St.41 • . ..it I • • . \ rn . SPA, `fr. `� .. IV x i s • c y • ...04.' I R. f; POWER I b v31` 4 S � 111' 6 o O � P � H OC �'� CON" Otfl IN fERVAI_ _ 1 millimho j metre xi ti AO � O u► Scale 1" : 10' -40 -20 0 40 eo 120 (1Ig, • (lit. , C 1 - — - _ ( Mil __ _ _ OTTER RESCUE CENTER N . �F �� i i _i• 40°- fi S, .- g A io RE l • i - 6 RfSM - S 1 j ....- .0. t` F ,,Y a ' t G\Ct 1/1 '1 OF oh . - y� -(9'• Scale 1" : '10' —40 -20 0 40 00 120 ` * - I _ -r . I, 1 1 I SW. • SUMMARY OF HYDROCARBON .DETECTION ' E n_ i of �,�.�Q` ‘ a 2 - r) -) 2 1 UPPER FOUR D I CD a✓ v; U 1..)(? 1,--k o boz OF SAMPLES HAVE -P-J Q"j f sF :) va UES W1111111 DIE BOX ,0-- i 00 • :2 0 191t- / A . . LI _J !z, (1 / nwt it FOUR n i Q_ lirb 0 o 0 8 tii 1 2 SAMPLE DEPTH (feel) (6,- . t CHEMICAL & GEOLOGICAL LABORATORIES OF ALASKA. INC. : 5633 13 STREET ANCHORAGE. ALASKA 99518 TELEPHONE (907) 562.2343 FEDERAL TAX ID 92-0040440 ro,-. AN ±.• W JU :: : :,e 7.7! : 21 AI 3 t h:s. L+1 wt:n :C::: Completed MAI i 35 Ista st711:: :2E • !:WARZ =17. At - Ezsmster :ts:411 41,110 ;7.2aCLF-2! ; :PA 4:i : • Sale' 16 5 `\ . WICAL & GEOLOGI LAL LABORATORIES OF ALASKA. INC - f 5633 8 STREET ANCHORAGE. ALASK 99518 TELEP 1907) 562.2743 CHE �, 4.. FEDERAL TAX 10 a A �e 9 2-0OaOaap ti r ) a r • _ ►SALT::: RE?:?.! 37 SAMPLE - Et• +c, ork J:?er i 4 ci+ :US as:- :: ?:... :lc "1T ..:9 ? :4:42 '... :• ._ :1223921:: SAT:? : :E :h E C! e- . :Ismt y3Rt ..: :: :: d �t .._lent Ilc : ::!NC wrth __:L 4 5EG.: teZ . •J :Tend ET • :.A9 Y :L}rC /l1:M .JS?lt :li MA i 17 7) 'lre:r:lsc ..EPEE)t .. ' -= =f :Q �eootcs �Y - :;SEC: :r7 2) rip .... 'f: ; _ :: 4str :s. _ Part:sect: :ism: -'.tf.l: /.:Ill - •• 1 Sold 7CLi;LtCni51 *.E L:; T::- m9ixq EPA IAM ii . NCIC-- lie. A ?J:LC3 "� !PA e !AMPLE :74."—el j. - . ............. ............................... •'+ :c- .. :e:st. t:.•;# '..,-�•r .................... :ce 166 o- CHEMICAL & GEOLOGICAL LABORATORIE S OF ALASKA. INC. •- A �s : :' 563 8 STREET ANCHORAGE. ALASKA 99515 TEL£PHONEI1907) 562 2343 FEDERAL TAX ID 0 92 0040440 W V �: r AS11 :_..: .._.:F.: :: 2A7i:e t :: +OtR C :dir ; • - .9 :/ :.1C9 :: .._.. : 00. : _: Si 4 .: • :S mc::: :: . :S :5r. 1 _. S ... • _ . .. _. i .St. ? 3 II 1:: !_ki . i5 ? I -SC ::s Re.; . _ etch :::: 4 EEG. _ :'iI • Catoiette 'MAT 12 69 3sr4 ?.loe: :: :e: :r 314:1tr11:_ 311F41'; : . :1 _ :2C _. _ i _Zw . 3 ..: :! _z, ::.. I _a: e..: : :174 1l0 1:41 . i :J::: A_I :wadi. ?sta0stet :sated GIIHI :.U:L:ts Met mad 111:s Itimir- :11._ i IVCICS !JILL!: P= :1C� :.T Cf ■1't1 -T r.T4.2 UT100.50 24.14:, 2.1. :3 20.31.5 13.0% 1.2:J..75 31.5.1').0 11.S .79-0.1Z7 15'.U.4.7. • 19.4% I 0.107.0.0937 4.7:•:.36 5.44% 0.0937.0.0394 .36.1.00 D.204. 3.039.1.0.0197 1.00.0.506 6.36'1 i 0.0107•C.3400 0.300.0.250 a.Os•'. 0.0090.0.0049 3.270.0.1:5 _ .37•L 0.0040.0.005 0.123.0.063 .27% 0.0025.LT0.0025 0.003.1-70.003 .10% 100.00 °0 $ . _ ;.rLE •, - •: :AS :.X;:F..:.. :l. : :Si. .. _:•:.,:r ..• ;:: :.: _..... 167 • .#11010100 . . .at 5.... .. . CHEMICAL & GEOLOGICAL LABORATORIES OF ALASKA, INC. 5633 6 STREET ANCHORAGE. ALASKA 99516 TELEPHONE 1907/ 562•2343 FEDERAL TAX 113 I 92.0040440 4 ...,._ .. Lump-- „• •••• .... f;t:R ::::ir : ...7:■!. :iti Eft::! .1::,.:14: . .... F.: 1 ....: 44. :: ....23"-:•,:34 F::1;:. : .2k1 .1 7 3 :•:.: : • ':37.: :::: 1 drs. F..C.5 a :iii . 2 25 4 16:$3 hz:. Re: ntr. :C.CCI. -I .CE3. C 7.tialod 11 , :::::;342:::: ::rcplata . 17 19 3ar.d 1.sont: -.: I :: EPHS C. :37. ::co ::: :3443 377E7 C5317.?.. I i f : : i.7-1 :ad 3:. :: i 4 .s:::. - '-'• ' il Ali:ate Fara:mot Its c ed iesta.::.• '6'74. ts Attn:* :....-_:;.:: 27.9.01.3al E133:ARIZti3 :14 :5e#4 EP. 4:1. •- Solid :LICY.:CtiNACE 5.1.?:1-C1: Y3.,0 : ;;.•!:. 7 :FA 3113 A.F.CCL31. I I :I.F.ILE " 3: :;.s :::,F.:::::: • ' - • - . . .. . . .. ... :- •_•_ Said 168 E.%IIcAL & GEOLOGICAL LABORATORIES OF ALASKA. INC. - f A :g • 5633 8 STREET ANCHORAGE. ALASKA 99518 TELEPHONE 19071 562.2343 o, FEDERAL TAX 10 N 920040440 ; � ; :? 4 14 4c :3C38570L .�c:ac� - 3:ni4: .. a :. At:: aQ ; with :C :: 4 :ES. : .::.pitted J►r i" I? arc 6tp :1:3 ::y S.p.z tog :STIP!S9 :. ED! L1:2C0 IN: • . S:WA t. CENTE!. _12 =.t: • .. - 4 .a] . - :: . "stt:.. • ism:st it . zete: F: :6CLE :1 ET :• ?OCAF.ac43 36.9 .:,'• g rA 415 %me ? ai1tA! ::i =.VT:_ s3T.: ' ::,;0.1 =iA act: • _r... .. :I :.t4 rs.:r :; • 1 69 . CHE.tiIIGA t, & GEOLOGICAL LABORATORIES OF ALAS 5533 8 STREET ANCHORAGE ALASKA 99518 TELEPHONE X907) 562 3 ; A 1 • E. FEDERAL TAX 1D N 9240040440 ,, • A, : 4�i Ali: `�s Q � :ite iepot ::: uad: HAI .. ai a :d ;o .• ..-c_, is :::3;;C:. '' ._:er. :!:121 cCC :3: E .. :eac A :.. EC :&i; Y..1= S 3: t li :0 s:. ..t S.l :: ?1 Jun : :: fee ::dazed :v :!S T:CNDiE::: Fl? :N.: :aspietes Y.A1 1, i3 r Supecn •. sot •S'! Y C. !CE :eta depat•i cc. I:!' :)V:CD INC DEAR: ::77.3 CEN E3 :CZ _) YJ :t: Z' .Vi.. :et1R•te: :itte: 'i::wdp`! netuiU :n::t 4rtnc: :1..:t : ETSCLEUM ETEROCAE1CY: "-= '.:3ivn:kllE 3TeEE.1 ":, 44.i .gikc .71 Aa3:[C.. .. 5u.. . ?s EPA au: i e I 311G.E : :..u..c.J ;I :AS •_S :::Syi 1:.. EAF:53. ............................................... ............................... 7-5 :. J f:. .. . e• . :i :5:.. .. :c ::t: :.. A. ; . i. Need 170 CHEMICAL & GEOLOGICAL LABORATORIES OF ALASKA. LVC. 7 ,7 7 5633 B STREET ANCHORAGE. ALASKA 99510 TELEPHONE (907) 562.2343 W FEDERAL TAX ID N 92.0040440 i! :A.'('.I _ :: + ^t►. :::,C $ 1:1.1 :at, na:o:. .__.. :+d 11 ._ I? t 1: ;; ]:5:.0 ... 1.33:1 :1.1 :0 :: . :: ; i. :1 :fr.: c : :: ICI`: :W 3 :i 1451 MAI 5 i? E to:5C hz :. Roc 1 • ' ita :3 L i AEG. C : . : 111 3 . : .:VG ;R F`E:`.:" :c =oiotod '!A! 17 69 Sane I402: :2 t 4to :rot ::!? 1V C. !L! - .)Vt :: :' _IWA ?D G :_17% 7_5:E?. 41i ; ii%. lab _:p1 :: 11 :,i 111: —. aa1e faIatatft :eLLt9 l.afLLit.:....:t Meta :: FETS0 MII3C :i15C:i5 (:. .. 4 :I:.-: , io • ZAYli! :C : : ::et3 :! :A9 T: :NG,S:. :; :i3I::C. 74i:I :t :_..-._ . -. ._._ ..._.. -_.... - ..._.. 171 -0-..- --,-- ., ,..... suid CIIEVICAL & GEOLOGICAL LABORATORIES OF ALASKA.. INC : tyl; • ..1 l 1:7 ...- 5633 8 STREET ANCHORAGE ALASKA 99518.--T071i62:2346----- ' 1 ' i4 FEDERAL TAX 10 • 92•0040440 ' It ilt t ‘ f: ..._ .NA:! ai,?:::.: 37 .:A10'..3 -:: •;t.sr. - - :Ito o;::-: ?:1:::oO ...A!• .. -:- ••',..!:. ::E-:S i :IF :::Z :: :'..:ts 5cto :::: :r: %torn A::- . 1:::;::;: 4 :ZI. F 3.; . i ;; 1 :::-:Sti ?us. Sol I i ::::. :. :AN ::::1:, 4AIT :7 85 5orti i.e;atts t: It.tzo:vtsz: - !:!?:inti : ::: :: --, .., .... • ' ' '1-4 - 17 :::::: :: .! ii . =2 :AP: • 17. . . "..Itt:::• ::::: A Facazyso: :oared Etoolsitii.:r411 Hirst::: ...17.11t: — '11 101111 0 ?In.:, iiTZF.::13.5 17:i• ' !,..q. it.? 1:3171:ALIT; i I i • ..,.).y...,::.:::....:::::::•: :A5 •f:'.*::: Zz.:::: :A:::1;: ............ • .• .:::- • :.••,.:. ...... . ".•....- 'Nod .:•..... .......::. :::r: ...:-.. . 172 rHF:11ICAL & GEOLOGICAL LABORATORIES OF AL 4 SKA. INC. 5633 B STREET ANCHORAGE. ALASKA 99515 TELEPHONE 1907) 562.2343 0 : FEDERAL TAX 10 w 920040440 �,� r _ :it, P.9n0:: .- :! 4 _. .. -'-_ ._ _.•.�'_ -. ....:�.r : :..:f' :. : ..J _._a^: ! :t::t V::1 L'. v. : - : :a;ietac u1' 17 15 :end :.tF:: _: :t:= a :? :t :. _.: ?C:V C. ... .J��.._ ... '!tl.^.etei .! -.:f. "t!_:ti.nU:. 13 : - ?, .F.. :5 :13(C :„ :� F :... 1 • 173 CHEMICAL &GEOLOGICAL LABORATORIES OF ALASKA. INC. d -•'4 `" 5833 8 STREET ANCHORAGE. ALASKA 99518 TELEPHONE TT) 582.2143 . ! �► . �r�,�'e FEDERAL TAX ID * 92 y} wit - Vok ANAL:E :S i_ ?Car !I EIRE! . a •crk Ctcer s 1 + :ii ~ :atc ne :ott .. :1:ee: '_IT 21 ?5 t 1 a va - 2: 114;:i5304 IccS Cc. "t :1St SOIL ::_ant tie_. ::: 2 ::: I !wt. : ::er.: A::: :iCIY:ii 41i 3 Si ! 112::0 h:e. ?•v.: EL :in . vith .C:01. 4 :EC. C it•4 I Ordered 3y UN TOC`tv,51::? F!.SINI :o3pleted .BAT .7 59 :v Supetr:rct •SIEFEES :. EDE Sena Tepo r e :a :1 • '""4- l _ ::WA.t.D 0:7:! .ESTE . I: i..b aei s: :174 ias Sr_pi :D: 1: Yaccis: : %L5 Fetaaacer Teeced a_:c.arl. seaui:i':n: :r !!ecaad Liras: Stud :-.:ay. FEI50 HIDEO:LASGS5 :7a• :5.1C: zi. n.. .. ,� : 'SE: -� :; :Pi TC: ?„ :3 floiYC. 4 v' • 0 . - 111 "CHE.111CA.L. & GEOLOGIC41., LABORATORIES OF ALASKA.. INC. . 7: — r •. V.' 5833 STREET ANCHORAGE. ALASKA 99518 TELEPHONE 562.2343 FEDERAL TAX ID N 920040440 1 • • ' • sM2 s work --,:det 'l :ate :1 19 4 14 ii s :73:PAL ? t: sN: : %N= ■• : 4 .0.1 3. 143. :tkT 5 19 4 14E: hrs. Rig 4 :IC. :Idstssi :v :AI: 1 •oisolsted :. 17 59 • Sand Roper:: t:: :7 .5u;srr.sor - .5:11!EY En: 'at:0 :Nt r iv 1 ..; Rat 14ac:::.: 1:113 t:1:vs Ficantstee :isted Result :Lir....ts 1%1111.9 :51:EC•LEDI is.a xe; EPA 41i :Pi : - 4 1110* : • 1, 7 5 a - CHEMICAL &GEOLOGICAL LABORATORIES OF ALASKA. INC. r ia ''�' : ; . -� 55'37;1 TREET ANCHORAGE, ALASKA 9951(! TELEPH 19 0n S62.23t3 ;,�, � �%� w 9, 4 7 � ' :'; FEDERAL TAX ID 1 920040440 K ANALTS:S REPORT ET :AMPLZ :lt wars 'J:cs: $ c Este Aeport ? : :nts :: !_A: :3 59 5 In .:pie :: :::;35G:i _ :E MIL ow ? :i 3 1 :tiv e. _ as :dent .Ace: 7ECT • :p CAT 5 E? 4 1d:53 hrs. '4 ZA ii'si . - +3:.. ::CL 4 :EZ. : neq s cd4csa 3e :Alf T:ZNG /e.E:Z:'. FiE: aapieted :MAT a 89 S pst i,o: 3:E?EE�f C. L L �en0 IIeCOitf re: 1 el ZEWARD CT.:! CUTE!. ■ _so ?Ai 1.74 :so t: .} Mainz: _7IL: ?srst.tet rested AL :ovso : ; nesa:t.Urals Metrat iintts :ThOLWM 3TLRU :A55J53 :Gi :nl;;q EPA CIE.!. AMPLE : : ::i „ZD !! :Ati T :UNO /r.E1: 5 FAUN: .V 6 r "' CHEMIC4L & GEOLOGIC4L LABORATORIES OF ALASKA, INC. } a . ' 5633 8 STREET ANCHORAGE, ALASKA 99518 TELEPHONE 1997) 562.2343 _. �� : • FEDERAL TAX 10 N 92-0040440 s ; /NILISIS IEPCR::T 31KPLI /cc eo :z 3tist 1 13151 Date asp :tt P :intact: Fat :3 39 I li•5: :s Iu. :50113003 :i1.nt mi:a tC 0 INC C:lIi31L 5� PIi va:�., 6. r ve- Client leer :.CINCW 4 yi- P.0.1 S1 1.131 !AI Si; !16:50 :1s. awl •n:n ::CL 4 LEG. C Ccbs:se ey 1N W ''Z . "GiCE.. � }3Iti; ::r lstsd.:MA! $ it Sind Reports to: _upstrise: 3 :E1EE9 C. °.]E :Taal INC T:s 1..2 3oi t 1174 :at; i:1 ID: 16 Msctiz: _3I1. Allovatis , ?truistic Iested 7 :omit /C:.sct Mitlad Linats :TSCLEC!1 RIt1.0011BC$3 91.1 mgiaq EPA 411.1 I • Met: 7 "'""D !I :A1 I:L^1/33. :E EAS ::;::. 1j 1 _ . CHE:bi1CAL & GEOLOGICAL LABORATORIES OF ALASKA, INC. ; „ '' 5633 B STREET ANCHORAGE. ALASKA 9951 TELEPHONE (%1 562 07 .2343 A. s s e FEDERAL TAX t0 is 92-0040440 a t ' -- ANALTSIS REPORT 'I EA1QLE for Wort Order 1 :1:51 Date ism: Printed- ML 21 Ai t 14:5: : :e :1..35 :319039. :211 1/41. Sr5+I :. °GRIIi3 • . _. �.lt ^L Nees %iCO :NC `i :. Cheat Ace: :ECINCW !9I 5 19 / 26:50 rrI. , $ SA . -dl with CC ^L i CEG. iey J Ordered Df - :IN ISCIGi=EI :? FilINO masted :Ye 1 99 • :aperr1,er :STIPRIN C. !DI fiend Repot:/ to: • Y . i i : ?C0 INC -i SEWARD C ::ER CENTER. i . Ref 1 5174 Lab S -p1 IO 17 w.et::: :7IL5 — Panderer :eared li'_ w axle !ersl:lunite Motnod L131t1 :312:EJ!4 E::10:A51OY3 42'5 mg/kg EPA 118.1 • , I I :AM! ':'''r - rD IT 3A9 Mlivin: ::$ eADai,. _v3 , '.....'J2t: :. _451 ...1 +: . :45!3: ::.:r. '- -.. 178 . 'r" CHEMICAL & GEOLOGICAL .LABORATORIES OF ALASKA, INC. +� d r �'� . . 5533 3 STREET ANC HORAGA ALASKA 99518 TELEPHONE (9Q7) 562.2343 '�: 41, e: FEDERAL TAX ID 92.0040440 DIAL:::1 aEPORT 51 LORE fat Work utdat i 11151 .ate 'r.epatt F ::r. :e'± Y ! :1 15 1 14 5: cs :3:. :339010 C :h;111 ::14P .._ 101LIXO 7. _ .cunt Nana 7720 :S: Cll. ^t A::: • %ECI!iCe 4 • - ?.3. i 3A Lill lAT 5 89 116 :50 nt,. •.ea =an ::: :L 4 L G. C :Alt TTarI _ •:tdatsd b� . 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E�8 Send Reports ::: =r }.3 Zj • ... .................. Y.................................................... •.............................. ZE AnD G.:Ii :FATES. j :n aft is 5174 Lao sz ;i :7: pa ct :: _.i:: i ?arrester 'Tested Ewes i lTtu a I l :ovao: s :� :Lil7! H7CROCI�HDOFS ' - - - - -• ......---•--.... ..- •••------ •-- • .... ......... .• Ll..... 4.i rt7/4 : ?A ill.. • ; • — 7..4. '7 :.11; r :_tiv, ai_-3 :AIINC. - : :: . .::-• .. ?.E.74.-!.1'''J 1 82 NORTECH Alaska Sea Life Center Phase I Site Assessment November, 1993 Appendix E Harding Lawson Associates Post- Operational Site Assessment Stow Otter Rescue Center . Seward, Alaska S 183 Harding Lawson Assoclataa A Report Prepared for Guess & Rudd 510 L Street, Suite 700 Anchorage, Alaska 99501 POST OPERATIONAL SITE ASSESSMENT OTTER RESCUE CENTER SEWARD, ALASKA HLA Job No. 19592,003.08 by tit Marga 't A. Murdoc Environmental Specialist George M. Drewett Director of Environmental Services • Harding Lawson Associates 601 East 57th Place Anchorage, Alaska 99518 (907) 563 -8102 January 15, 1991 • 184 ihaso Harding Lawson Associatas LIST OF TABLES Table 1 Analytical Results - October 29, 1989 13 Table 2 Analytical Results - September 24, 1990 15 LIST OF ILLUSTRATIONS Plate 1 Vicinity Map Plate 2 Site Plan Plate 3 Sampling Locations and TPH Concentrations 10/29/89 Plate 4 Sampling Locations and TPH Concentrations 9/24/90 Plate 5 Excavation of October 11, 1990 �r•Y 0502R 185 Harding Lawson Associate%) DISCLAIMER This report has been prepared for the exclusive use of Guess & Rudd. Within the limitations of the schedule and budget of our services, this report was prepared in general accordance with the accepted professional stan- dards of practice in Alaska at the time of the assignment. No other represen- tation, warranty or guarantee, express or implied, is made. This assessment was based primarily on information obtained from interviews with persons familiar with Exxon's use of the property and - views with re ulator Y d inter 9 y personnel; our site reconnaissance; a review of histori- i cal documents, including selected aerial photographs; and a review of the re- - operational site assessment report. These data document site conditions at specific points in time and do not provide a continuous record of site activ- ity. Therefore, it is possible that hazardous materials may be present that were not detected during this assessment. Additionally, we acknowledge the potential for subsurface migration of hazardous materials from off -site sources. Statements made herein are made with no specific knowledge i of sub- surface conditions other than those reflected in our Sampling ro ram p g s. The August 1990 soil removal information contained in this report was conveyed to Harding Lawson Associates verbally, as site activities had ceased prior to our reconnaissance survey. Our sampling programs were based on limited information about the site and soil removal activities, and were intended to assess only total petroleum hydrocarbon (TPH) concentrations in surficial soils at the site at the time of our sampling efforts. 0502R iv Harding Lawson Associates 1.0 INTRODUCTION Exxon Company, USA (Exxon) leased property from the City of Seward during cleanup of the Exxon Valdez oil spill: Throughout this report, the property is referred to as the Otter Rescue Center (the site). At the request of Guess & Rudd, Harding Lawson Associates (HLA) conducted a post - operational site assessment to evaluate environmental conditions at the Otter Rescue Cen- ter following Exxon's use. This report details HLA's site assessment methods and results. i 1.1 PURPOSE The site assessment was conducted to assess total petroleum hydro- carbon (TPH) concentrations in near surface soils at the property formerly used by Exxon for the - Otter Rescue Center, which could potentially be associ- • ated with Exxon's use of the property. 1.2 SITE LOCATION The Otter Rescue Center is located on Tract 2 of the Seward Water - ! front Tracts, in the southwest quarter of Section 10, Township 1 South, Range I West, Seward Meridian. As shown on Plate 1, the site is located along the northwestern margin of Resurrection Bay in downtown Seward and is accessible from Railroad and Fourth Avenues. Tract 2 was leased from the City of Seward in late April 1989. As shown on Plate 2, the Seward Teen Center is located in the northeast corner *tar • 0502R 1871 - Harding Lawson Assodtts Tract 2 and is separated from the Otter Rescue Center by a chain-link lease did not include the portion of Tract 2 occupied link fence. D by the Teen Center. 1.3 SCOPE OF SERVr rc This assessment was authorized by Mr. John Miller of Guess & Rudd through a contract between VECO, Inc. and HLA dated October 1989. tasks were conducted in accordance with the scope of services Project proposal dated September 29, 1989, as revised August 14, 1990 presented in our 1990. and October 10, To assess the potential impacts to the site as a result of Exxon's oil spill cleanup activities, HLA was contracted to conduct a Phase 1 and Phase 2 environmental assessment, which consisted of the following activities: Phi • Documenting historical and Exxon site use by reviewin g _ uments and interviewing individuals familiar with the usebofcthec site, including subcontractor and government agency personnel; • Assessing the reported handling of materials contaminated with weathered crude oil or other substances associated with the cleanup effort by conducting a site reconnaissance survey; • Identifying data quality objectives for conducting the Phase 2 assessment. Pha --s- / • Preparing a site - specific sampling plan; • Assessing the potential for surficial contamination at the sit through shallow soil sampling and analysis; site • Summarizing findings and preparing a report describing the Phase and 2 assessments and results. 1 0502R 2 18 p 8 Handing Lawson AssocIotas 2.0 PHASE 1 SITE ASSESSMENT 2.1 METHODS The Phase 1 site assessment was conducted to document site use, and to determine the need for, and extent of, site sampling in a Phase 2 site assessment. Information was gathered through a site reconnaissance, public records research, and informal interviews with people associated with the site. Because Exxon's activities at the site ceased prior to our site recon- naissance, much of the information concerning site usage could not be visually verified by HLA representatives. HLA staff reviewed City of Seward and Alaska Department of Envi- ronmental Conservation (ADEC) records and a 1989 pre- operational site assess - r ment report by Environmental Services Ltd., and interviewed the following people: _.. • Walt Phillips, VECO Environmental Group • Fred Klingman, VECO Seward Operations Supervisor • Glen Davis, VECO Environmental Group • Michael Roberts, VECO Environmental Group • Robert Dragnich, Exxon Environmental Manager • Kerry Martin, City of Seward Engineer • Richard Laws, Exxon Wildlife Coordinator • Al Schafer, Afognak Lumber Company • Glen Raz, Exxon • Rex Coulter, Exxon • Jim McCracken, local resident • Don Seagren, ADEC Kenai District Office I.89 0502R 3 Harding Lawson Associates 2.2 RESULTS 2.2.1 Surrounding Uses A small one -story building is located in the northeast corner of Tract 2. This building is separated from the Otter Rescue Center by a chain - link fence, and was reportedly built prior to 1964 by the Alaska Railroad as part of its dock facilities. After 1964, the building housed a variety of businesses, including an upholstery shop. Since the mid 1970s, the facility has been used as the Seward Teen Center (Plate 2). There are two fuel storage tanks associated with the Sewar0 Teen Center building. A 500 - gallon, above- _ ground tank is located on the south side of the building and is used for heat- ing fuel. An underground tank of unknown capacity is located at the northwest corner of the building, adjacent to Railroad Avenue. It is not known whether this tank still services the Teen Center Building. Exxon did not use the Seward Teen Center facilities during oil spill cleanup operations. The City of Seward owns and /or leases parcels of land immediately adjacent to the Otter Rescue Center to the south, west, and east. The parcel south of the Otter Rescue Center (Tract 3), is leased to Northern Stevedoring and Handling Corporation which uses it as a storage yard. HLA observed 55- gallon drums, automobiles, fish processing equipment, and commercial fishing equipment stored on site. The yard is paved. The parcel west of the Otter Rescue Center is leased to the University of Alaska Marine Science Institute, Seward Marine Station. The State of Alaska Marine Highway System uses the property southeast of the Otter Rescue Center for the Seward Ferry Terminal. sled 0502R - 4190 Harding Lawson Associating An abandoned gasoline service station is located on the northwest corner of the intersection of Railroad and Fourth avenues. According to Mr. Kerry Martin, City of Seward Engineer, the station has not been used for over 25 years. Mr. Martin did not know if there were any abandoned fuel storage tanks beneath the property. The Seward Machine Shop, located west of the abandoned gas station, has been closed since the owner died approximately 5 or 6 years ago. The windows are covered with boards and it is not known if there are any abandoned drums or storage tanks on the property. 2.2.2 pre -Exxon Site Use The area south of Railroad Avenue between First and Fourth Avenues is the site of the original Alaska Railroad dock. The railroad operated dock facilities at this location from approximately 1906 through 1964. The origi- nal dock consisted of a wooden pier extending into Resurrection Bay. Sometime prior to the March 27, 1964 earthquake, a concrete dock was built. The new dock and facilities were built on a filled area south of Railroad Avenue. This area was filled with poorly sorted sand and gravel from Lowell Creek deposits (National Academy of Sciences, 1971). The 1964 earthquake and subsequent seiches and tsunami virtually destroyed the railroad dock and facilities. Fuel storage tanks in Seward were also destroyed, spilling large amounts of refined fuel near the site (National Academy of Sciences, 1971). After the earthquake, the railroad moved its dock and facilities to a more seismically stable location in Seward. *lbw 051MR 19I Harding Lawson Associates The waterfront property, including the Otter Rescue Center site (Tract 2), has been owned by the City of Seward since 1964. According to Mr. Martin, Tract 2 has not been used extensively, except for storage and some equipment maintenance. The tract was leased for a short time during the early 1980s. During this lease, a chain -link fence was constructed around the site, but the site was not occupied or used. According to Mr. Martin, there have been no documented spills of petroleum products or hazardous materials at the site since 1964. However, Mr. Martin stated that, based on the use of the property, small spills and /or leaks of diesel fuel and oil may have occurred. There are active and abandoned sewer pipe appurtenances beneath the Otter Res- cue Center. Prior to using the property, Exxon removed approximately twenty- five 55- gallon drums of unknown material from the Otter Rescue Center drums had been stored directly on the ground in the eastern portion The site. Some of these drums reportedly leaked onto the ground surf of the 1989). The contents of the drums are unknown. ace (ESL, 1 2.2.3 • - I .= • 1 • LL.= 1 From April 30 through May 4, 1989, Environmental Services Ltd. (ESL) conducted an environmental site investigation of the Otter Rescue Cen- ter. ESL's investigation report "evaluates the nature and extent of environ- mental contamination at the Seward Otter Rescue site (ESL, 1989 - formed a site reconnaissance and sampled subsurface soils. )� ESL pe summary of ESL's investigation taken directly from their The following is s a • 1989 report: s 0502R 6 192 Harding Lawson Associates,* A preliminary inspection of the site on the 30th of April, 1989 was con- ducted . . . At that time 4 men were on the site setting large wooden blocks as foundations for ATCO trailers. Most of the site had been cleared and gravel fill placed on the ground surface prior to inspec- tion. . . . about 20 to 25 drums of 55 gallon capacity were removed from the eastern portion of the site the previous day. The foot prints of at least 10 drums were observed in that same area and hydrocarbon substances were observed associated with some of those footprints. A subsurface investigation was conducted from May l to May 4, 1989. Samples were collected from a solid flight auger that was used to drill two holes for power pole installation. Four pits . . . were excavated using a backhoe during the course of site development and consequently sampled from the side walls using a rock pick and sample jars. Test pits . . . were excavated expressly for sampling and were sampled from the side walls using the same method. Sampling results of Total Petroleum Hydrocarbons . . . suggest that hydrocarbons are widely distributed over the site near the surface and to the total depth of investigation, 8.5 feet. Back ground values are assumed to be 4.6 parts per million (ppm) total petroleum hydrocarbons (TPH) . . . The highest TPH values were 15,600 ppm sampled from a rela- ,.,. tive fresh spill near the fuel tank and south of the Teen Center. [The Teen Center fuel tank is not located within Exxon's lease boundary] A geophysical survey was conducted over portion of - the site to inves- tigate for buried metal. This investigation was restricted by construc- tion and surface metal such as abandoned railroad tracks and heavy equipment . photo interpretation and this geophysical investigation suggest that buried tracks could exist in this area. However, trenches with buried metal debris such as 55 gallon drums would produce similar results. Ground water was not encountered during this site investigation due to limitations of sampling equipment. However, a soil sample collected at a depth of 8.5 feet . . . was wet (not saturated). Because the damp sample from 8.0 feet depth of this same pit a low TPH value and the wet sample immediately below had a higher value, this sample is inter- preted to indicate that the local ground water may be contaminated. We predict that the water table at this site fluctuates approximately 20 feet with the tides. Results from sampling analysis, field observations, and interviews sug- gest the [sic] most or all of the Seward Otter Rescue Site is contami- nated with low level hydrocarbons from fuels and waste oil. Two samples were obtained from the fill placed during construction. One sample was 36.9 ppm total petroleum hydrocarbon and the other 4.6 ppm. These results suggest that the recent fill may also be contaminated. 0502R' 179 3 Harding Dawson Associates Results from the geophysical investigation and air photo interpretation suggest that buried waste exists in the eastern portion of the site and probably extends west beyond the survey limits. The nature of the waste could not be determined by these techniques. Underground storm drains and sewer systems may leak below the ground surface. These utilities appear to have been installed prior to the large earthquake of 1964 and some have been abandoned since. Me found no physical evidence for damaged systems but contend that shaking from the 1964 earthquake could easily have caused subsurface damage that hasn't been detected. Although some of these utilities have been ab n - doned, site inspections suggest that they are still in use and may be allowing contaminant[s] from other areas of Seward to seep in the ground. 2.2.4 Site a by ri�� The Otter Rescue Center was originally leased to VECO by the City of Seward for the period April 26, 1989, through August 23, 1989. On September 26, 1989, the lease period was extended to April 30, 1990. T `' lease was assigned to Exxon on April 6, he p � 1990. Exxon then negotiated its own lease with the City for the period April 10, 1990, through September 1990. The Otter Rescue Center facilities were constructed b y No 30, ,a VECO subcontractor. The Center was operated by an Exxon environmental a nmental subcon- tractor. From April 26 through October 1, 1989, Exxon and its subcontractors used the Otter Rescue Center to wash and care marine mammals, and sea birds. As shown for oiled sea otters, other on Plate husbandry trailers; sea otter cages, 2, the Center consisted of trailers; and miscellaneous storage tra9)e' totes, and pens; two personnel trailers. The animal husbandry and per- sonnel trailers were connected by raised wooden walkways. 0502R 8 194 Harding Lawson associates According to Exxon's April 27, 1989, engineering plans (Williams, 1989), fresh water and salt water were used at the Center. Water was circu- lated to the trailers, pens, and cages through an above - ground piping system located beneath the wooden walkways. Two below - ground 2,500 - gallon collection tanks were located on -site, as shown on Plate 2. One tank was used to store fresh water for circulation; the other was a wastewater collection tank. The wastewater collection tank was emptied periodically using a vacuum truck that transported the wastewater off -site for treatment and disposal. A wastewater treatment system was reportedly never constructed or used at this site. Exxon installed one above - ground 500 - gallon heating oil tank at the site to heat the animal husbandry trailers. As shown on Plate 2, the tank was located on the north side of the trailers, in a lined area surrounded by a gravel berm. An awning was constructed over the tank to protect it from rain and snow. A propane tank was used to heat the personnel trailers and was reportedly located at the north end of these trailers. 2.2.5 Site Closure HIA conducted an on -site reconnaissance on October 12, 1989. At this time, the Otter Rescue Center was no longer operational but had not been demobilized. Exxon did not demobilize the Otter Rescue Center in case it would be needed during the 1990 oil spill cleanup effort. 0502R 9 195 Harding Lawson Associate 3.0 PHASE 2 SITE ASSESSMENT A soil sampling program was designed to assess whether Exxon's activities contributed to petroleum hydrocarbon contamination at the site The sampling program was implemented according to the following procedures. 9 P lures. 3.1 l QQ p EOUIPM MT Sample collection and laboratory procedures are summarized below and further described in section 5.0 of the 'Quality Assurance Project Post - Operational Environmental Assessments, VECO ct Plan, and VECO Subc ontractor a Properties, Alaska,• (QAPP) dated October 20, 1989, lures used during this project are de Health and safety proce- scribed in our •Job Safety Plan' dated October 18, 1989. Prior to sampling at each location, field equipment wa with a trisodium phosphate (TSP) detergent wash, rinsed with otabs cleaned p and then rinsed with deionized (DI) ie water, � ) water. After sampling, wash and rinse water were disposed on site. Sampling equipment was kept on lene plastic sheeting to prevent cross - contamination of clean polyethy- samples. A pick was used to loosen the heavily compacted soils. Loose material was then collected using a clean stainless steel trowel Cobbles and fragments of cobbles larger than 1.5 inches in diameter or spoon. carded. The material smaller than 1.5 inches in diameter was colle were dis- pre- cleaned wide -mouth glass jar with a Teflon -lined ca were in a used per sampling location. cap. One sample jar was • Nmid 0502R 10 , ter' • f Harding Lawson Associates Each sample jar was labeled with the project number, the date and time of collection, the sampler's initials, and a unique sample number. The sample number consists of four digits; the first two digits denote the site, and the last two digits denote the sample number. The above information, the sample matrix, and analysis requested were entered on an HLA chain -of- custody form. The samples were stored in a cooler containing Blue Ice and shipped to Chemical and Geological Laboratories of Alaska (Chem Lab) for analysis. The samples were analyzed for TPH using U.S. Environmental Protection Agency (EPA) Method 418.1. 3.2 DATA QUALITY ASSESSMENT The data quality objectives for the analysis of TPH using EPA Method 418.1 were specified in the QAPP and are summarized below: • Precision, defined as relative percent difference, was expected to be within three standard deviation units from the mean recovery of historical data. • Accuracy, defined as percent recovery, was expected to be within three standard deviation units from the mean percent recovery of historical data. • Method blanks were expected not to contain TPH concentrations greater than five times the method detection limit. • Continuing calibration verification standards were expected to be within 10 percent of the known concentration. Method blanks and continuing calibration verifications were per- formed for each analytical batch and met the specified objectives. One matrix spike and one matrix duplicate were performed for each analytical batch and 0502R 4 7 Sponsored by: Clerk CITY OF SEWARD, ALASKA 'told RESOLUTION 2010 -003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING RULE 16 OF THE CITY COUNCIL RULES OF PROCEDURE TO REFLECT CHANGES MADE TO THE EVALUATION PROCESS FOR THE CITY MANAGER, CITY ATTORNEY AND CITY CLERK WHEREAS, after numerous discussions and work sessions, the city council desired to change the evaluation process and forms for the city manager, city attorney and city clerk; and WHEREAS, those changes are reflected in the amendment to Rule 16 of the City Council Rules of Procedure WHEREAS, Rule 16 is deleted in its entirety and replaced with language as appears in Section 1 below. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Council amends Rule 16 of the City Council Rules of 'told Procedure to read as follows: Rule 16. The City Council shall evaluate the performance of the City Attorney, City Clerk and the City Manager separately and annually during the first council meeting in January, February and March of each year. These can be conducted in Executive Session. During the evaluation, the Council shall set goals, priorities and conduct salary negotiation for these appointed officials for the upcoming year. The City Attorney, City Manager and City Clerk will complete a summary stating their accomplishments for the past review period and their goals for the upcoming review period. The City Clerk will provide the necessary blank evaluation forms, and the appointed official's completed goals and accomplishments summary to the Council no later than two weeks prior to the scheduled evaluation. The Mayor can appoint a member of the Council to receive the completed forms and tabulate the results prior to the formal evaluation sessions. At any time, the council may, by majority vote, make a motion to hold additional evaluations as they feel is necessary. [See Appendices for City Manager, City Attorney and City Clerk evaluation forms.] Section 2. This resolution shall take effect immediately upon its adoption. 198 CITY OF SEWARD, ALASKA RESOLUTION 2010 -003 PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 11 th day of January, 2010. THE CITY OF SEWARD, ALASKA Willard E. Dunham, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis City Clerk (City Seal) 199 Agenda Statement Meeting Date: January 11, 2010 e sett, To: Mayor, City Council � - A smild From: Jean Lewis, City Cle gtsK Agenda Item: Amending Rule 16 of City Council Rules of Procedures- re: Evaluations BACKGROUND & JUSTIFICATION: After meeting for work sessions, the city council desired to change the time for the evaluation process from every 6 months to once a year. Evaluation forms were simplified and summaries were added. The City Council Rules of Procedure Rule 16 and the appendices which hold the evaluation forms will need to be amended to reflect the changes made. INTENT: To change the evaluation forms and process, and simplify the procedure. CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other RULE 16 FISCAL NOTE: None Approved by Finance Department: go " � fl�Ff ofn e.� i ----� / V D RECOMMENDATION: Approve Resolution 2010-003., amending Rule 16 of the City Council Rules of Procedure to reflect changes made to the evaluation process procedure. 0t City Council Rules of Procedure v 9 EVALUATION OF APPOINTED OFFICIALS —411 RULE 16. The City Couficil shall evaluate the performance of the City Attorney, the City Clerk and the City Manager semi - annually on or before March 15th and September 15th. At the September 15th evaluation, the Council shall negotiate the salary for the Clerk and Manager so that this salary can be reflected in the budget adopted in December. At each evaluation, the Council shall set goals and priorities for its appointed officials. The City Clerk shall provide the necessary blank evaluation forms to the Council no later than February 15th and August 15th. The Mayor shall then appoint a member of the Council to receive the completed forms and tabulate the results prior to the formal evaluation sessions with the appointed officials. [See Appendix A - for City Manager Evaluation Form, A - 5 for City Clerk Evaluation Form, and Appendix A for City Attorney Evaluation Form.] GIVING DIRECTION TO APPOINTED OFFICIALS RULE 17. The Manager, Clerk and Attorney work for the Council as a body and may not take direction from any individual member of the Council if doing so would conflict with the wishes of the majority. Generally, requests for research or drafting of ordinances, resolutions or other documents should be made at a meeting or work session to give dissenting members of the Council an opportunity to object to the request and to assure the appointed official that the direction given is supported by a majority of Council. Page 6 City of Seward, Alaska 201 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2010 -004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH PROSSER DAGG CONSTRUCTION COMPANY LLC. AND AUTHORIZING AN AMOUNT NOT -TO- EXCEED $394,651.28 FOR THE COMPLETION OF THE NORTH SEWARD WATER STORAGE TANK & PUMPING FACILITY PHASE I — WATER MAIN INTERTIE PROJECT AND APPROPRIATING FUNDS WHEREAS, the Public Works Department has been working with CRW Engineering Group, LLC. for several years to design and build a 500,000 gallon water storage tank in the northern portion of the City Limits; and WHEREAS, with the passage of Resolution 2009 -096 Council approved the application by Public Works for an Alaska Drinking Water Fund Loan though the Alaska Department of Environmental Conservation; and WHEREAS, CRW Engineering Group LLC. was awarded the design contract for approximately $138,000; and WHEREAS, the ADEC suggested a `phased' approach and the contract for phase I must be awarded by January 18, 2010; and WHEREAS, with the assistance of the American Recovery and Reinvestment Act (ARRA) Phase I- Water Main Intertie Project will be completed by the close of 2010; and WHEREAS, the ADEC has strict timelines that must be followed to keep Seward's water project eligible for future ARRA funding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. Award a contract in substantial form as presented at this meeting for the North Seward Water Storage Tank & Pumping Facility Phase I — Water Main Intertie Project to Prosser Dagg Construction Company LLC in the amount of $394,651.28. Section 2. Appropriate funds from the Water Fund Account No. 701- 0000 - 3071 -XXXX to establish the Water Storage Tank & Pumping Facility Phase I- Water Main Intertie Project. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 11 day of January, 2010. Council Agenda Statement Meeting Date: January 11, 2010 .� of Sg '4 To: Phillip Oates, City Manager i� u �.�' From: W.C. Casey, Public Works Director 'etas+ -P Agenda Item: Authorizing the City Manager to enter into an agreement with Prosser Dagg Construction Company for an amount not -to- exceed $394,651.28 for the completion ofthe North Seward Water Storage Tank & Pumping Facility Phase I — Water Main Intertie Project and appropriate funds BACKGROUND & JUSTIFICATION: The Public Works Department has been working with CRW Engineering Group, LLC. for several years to design and build a 500,000 gallon water storage tank in the northern portion of the City Limits. Planning and Engineering began in 2005. CRW Engineering Group LLC, was awarded the design contract for approximately $138,000. In 2008, Public Works applied for an Alaskan Drinking Water Loan through the Department of Environmental Conservation (ADEC) for construction of the North Seward Water Storage Tank and Pumping Facility. With the assistance of the American Recovery and Reinvestment Act (ARRA) the Phase I portion, 'Water Main Intertie Project ", will be completed by the close of 2010. The Phased approach was suggested by ADEC, so as to make the City eligible for ARRA funding, since the engineering and site control for the Water Main Intertie Project portion has not been completed. Strict time lines require Phase I to be contracted by January 18, 2010. The City staff issued an invitation to bid in mid November 2009, for the Water Main Intertie Project and twelve companies responded. City staff retained the services of CRW Engineering to review the 12 bid packets and make a recommendation of award. (See Attachments) INTENT: Award a contract for the North Seward Water Storage Tank & Pumping Facility Phase I — Water Main Intertie Project to Prosser Dagg Construction Company in the amount of $394,651.28. CONSISTENCY CHECKLIST: Where applicable, this resolution statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: Capital Project List for Fiscal Years 2010 -2011 (Water Department) ATTORNEY REVIEW: No 203 FISCAL NOTE: Appropriate funds from the Water Fund Account No. 701- 0000 - 3071 -XXXX to be reimbursed in part from ADEC loan and establish the Water Storage Tank & Pumping Facility Phase I- Water Main Intertie Project. Approved by Finance Department: L9(4.4•ZZ 4A4 RECOMMENDATION: City Council approve Resolution 2010 -00 /, authorizing the City Manager to enter into an agreement with Prosser Dagg Construction Company for an amount not -to- exceed $394,651.28 for the completion of the North Seward Water Storage Tank & Pumping Facility Phase I — Water Main Intertie Project. 204 CITY OF SEWARD, ALASKA NORTH SEWARD WATER STORAGE TANK & PUMPING FACILITY PHASE I — WATER MAIN INTERTIE CONTRACT THIS CONTRACT, made this 12 day of January, 2010, between the City of Seward, Alaska, P.O. Box 167, Seward, Alaska 99664, acting by and through its Contracting Officer, and Prosser -Dagg Construction Company, LLC, 12201 E. Irwin Loop Road, Palmer, AK 99645, its successors and assigns, hereinafter called the Contractor. WITNESSETH: That the Contractor, for and in consideration of the payment or payments herein specified and agreed to by the party of the first part, hereby covenants and agrees to furnish all equipment, material, and labor required to construct the NORTH SEWARD WATER STORAGE TANK & PUMPING FACILITY, PHASE I — WATER MAIN INTERTIE project in accordance with the contents of the Invitation for Bids and attachments submitted with the bid. The Contractor hereby agrees that the unit bid prices set forth in his Bid Schedule are full compensation for furnishing all equipment, material and labor which may be required in the prosecution and completion of the whole work to be done under this Contract, and in all respects to complete the Contract to the satisfaction of the Contracting Officer. The Contract Payment shall not exceed $394,651.28. The Contracting Officer shall be sitar W. C. Casey, or his designee. The Contractor further covenants and agrees that: all of the work and labor shall be done and performed in the best and most workmanlike manner and that all material and labor shall be in strict and entire conformity in every respect with the Bid Documents, Specifications and Drawings, (and Addenda thereto) and Bid Schedule (with exceptions noted above); that he will abide by and perform all stipulations, covenants, and agreements specified in those documents, all of which are by reference hereby made a part of the Contract, as to all premises therein: and in case any materials or labor shall be rejected by the Contracting Officer or authorized representative as defective or unsuitable, then the materials shall be removed or replaced with other approved materials and the labor shall be done anew, to the satisfaction of the Contracting Officer or his representative, at the cost and expense of the Contractor. 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 of Seward 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. 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 Contracting Officer, nor shall the Contractor do any work or furnish any material not e covered by this Contract, unless such work is ordered in writing by the Contracting North Seward Water Storage Tank & Page 1 of 3 Contract Pumping Facility, Phase I — Water Main Intertie ek J Officer. In no event shall the Contractor incur any liability by reason of verbal directions or instructions given by the Contracting Officer or his representatives, nor will the City of Seward be liable for any material 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 first being given by the Contracting Officer. Any such work or materials which may be done or furnished by the Contractor without written order first being given shall be at the Contractor's own risk, cost, and expense and the Contractor hereby covenants and agrees to make no claim for compensation for work or materials done or furnished without such written order. The Contractor further covenants and agrees that all work must be substantially complete by August 22, 2010 and all work must be complete by September 24, 2010 in every respect, to the satisfaction of the Contracting Officer. It is further 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 Contracting Officer, to complete the furnishing and delivery of materials and the doing and performance of the work before the aforesaid dates, the party of the first part shall have the right to recover $500.00 per day for each calendar day elapsing between the time stipulated for the Substantial Completion Date and /or $250 per day for each calendar day elapsing between the time stipulated for Final Completion Date and the actual date completed in accordance with the terms hereof; such aforementioned deductions to be made, or sums to be recovered, not as penalties 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 the completion of the work, the Contracting Officer may, at his discretion, extend the period specified for 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. 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 Special Conditions and addendums, and the following listed documents: (1) Resolution .of the Seward City Council approving this Contract, (2) Contractor's Bid Documents dated December 3, 2009, (3) Specifications and Contract Documents dated September 30, 2009. North Seward Water Storage Tank & Page 2 of 3 Contract Pumping Facility, Phase I — Water Main Intertie i' IN WITNESS WHEREOF the parties hereto have executed this Agreement, the g day and year first above written. CITY OF SEWARD PROSSER -DAGG CONSTRUCTION COMPANY, LLC Phillip Oates, City Manager Rolf Dagg anaging ember I -- / Zs 2-0 0 (DATE) (DATE) ATTEST: Jean Lewis, CMC, City Clerk North Seward Water Storage Tank & Page 3 of 3 Contract Pumping Facility, Phase I — Water Main Intertie 2 07 srrnr► J'<, k _.,:_,,,,,_,,,,;,..„,,x4r,,,, ,„,..,___11„,„,, I December 1 ENGINEERING GROUP LLC ec 3, 2 009 City of Seward P.O. Box 167 Seward, Alaska 99664 Attn: WC Casey Re: North Seward Water Storage Tank & Pumping Facility Phase 1— Water Main Intertie (20204.00) Recommendation To Award Dear WC: CRW Engineering has reviewed the bids opened by the City of Seward on December 3, 2009 for the North Seward Water Storage Tank & Pumping Facility Phase 1 — Water Main Intertie project. Prosser Dagg Construction Company submitted the low bid of $394,651.28. Attached please find a bid tabulation of the three lowest bids received. There were some minor errors and modifications to Prosser Dagg Construction Company's original bid amount: 1) Bid Item No. 4 Trench Excavation & Backfill unit price was modified by fax to deduct $10.00 per linear foot, for total deduction of $17,810.00 2) Bid Item No. 10 Remove Asphalt, Replace with Asphalt showed a bid amount of $6,104.00; the correct amount isa $6,976.00 3) Bid Item No. 10 Remove Asphalt, Replace with Asphalt unit price was modified by fax to add $12.00 per square yard, for a total addition of $1,920.00 4) Bid Item No. 18 Construction Survey Measurement unit price was modified by fax, for a total deduction of $6,500.00 5) Bid Item No. 21 Mobilization & Demobilization showed a unit bid price of $4,000.00, but the amount written in words is $5,000.00; therefore, the correct amount is $5,000.00 Based upon our review of the submitted bid and bid amounts, it is our recommendation that the City of Seward award the contract for the North Seward Water Storage Tank & Pumping Facility Phase I — Water Main Intertie project to Prosser Dagg Construction Company in the amount of $394,651.28. If you have any questions or require additional information, please don't hesitate to contact me. Sincerely, CR E ii RING GROUP, LLC Pete Bellezz ,P.E. c 4 c: Beth Verrelli — ADEC Division of Water, Municipal Grants & Loans Attachments: Bid Tabulation 3940 ARCTIC BLVD. • SUITE 300 • ANCHORAGE, ALASKA 99503• (907) 562 -3252 • FAX (907) 561 -2273 • www.crweng.com 4 �'S C ( C CITY OF SEWARD, ALASKA File: Bid Tabulation.xlsx NORTH SEWARD WATER STORAGE TANK & PUMPING FACILITY PHASE I - WATER MAIN INTERTIE BID TABULATION - Bids opened December 3, 2009 @ 1:30 P.M. Prosser Dagg Construction NorthStar Paving & Construction, ENGINEER'S ESTIMATE Company Peninsula Construction, Inc. Inc ITEM MASS PAY ESTIMATED Unit Bid Unit I Bid Unit Bid Unit Bid NO. NO. WORK DESCRIPTION �T _ QUANTITY Price Amount Price I Amount Price Amount Price Ant 1 20.02 Storm Water Pollution Prevention Plan (Type 3) LS 1 $4,000.00 $4,000.00 7,000.00 7,000.00 6,500.00 6,500.0 5,604.73 5, 2 20.04 Clearing & Grubbing LS 1 $18,000.00 $18,000.00 27,500.00 27,500.00 19,800.00 19,800.00 40,712.14 4m ou0 3 20.08 Remove Curb & Gutter LF 20 $20.00 $400.00 15.00 300.00 20.00 400.00 15.46 3 09.20 4 20.13 Trench Excavation & Backfill (Various Depths) LF 1,781 $20.00 $35,620.00 75.24 134,002.44 49.00 87,269.00 31.13 55,442.53 5 20.16 Bedding Material (Class C) Ton 1,500 $16.00 $24,000.00 14.08 21,120.00 14.00 21,000.00 10.95' 16 _ 6 20.21 Classified Fill & Backfill (Type H -A) Ton 200 $10.00 $2,000.00 10.30 2,060.00 15.00 3,000.00 9.22 1,844.00 7 20.26 Pipe Insulation Board (R -20) SF 144 $6.00 $864.00 2.78 400.32 5.00 720.00 3.77 542.88 8 20.27 Disposal of Unusable or Surplus Material CY 1,000 $8.00 $8,000.00 6.84 6,840.00 8.00 8,000.00 6.38 6,380.00 9 30.02 P.C.C. Curb & Gutter (AII Types) LF 20 $80.00 $1,600.00 55.75 1,115.00 75.00 1,500.00 163.31 3,266.20 10 40.11 Remove Asphalt, Replace With Asphalt (Class D) SY 160 $60.00 $9,600.00 43.60 6,976.00 75.00 12,000.00 277.82 44,451.20 11 60.02 F &I Water Main (12 -inch, Ductile Iron, Class 52) LF 1,723 $54.00 $93,042.00, 38.76 66,783.48 45.00 77,535.00 41.81 72,038.63 12 60.02 F &I Water Main 14 -inch, Ductile Iron, Class 52) LF 1,558 $60.00 $93,480.00 45.88 71,481.04 50.00 77,900.00 55.35 86,235.30 13 60.03 F &I 8 -inch Gate Valve Each 2 $2,000.00 $4,000.00 1,450.00 2,900.00 1,860.00 3,720.00 2,076.34 4,152.68 14 60.03 F &I 10 -inch Gate Valve Each 3 $2,200.00 $6,600.00 2,050.00 6,150.00 2,225.00 6,675.00 2,513.26 7,539.78 15 60.03 F &I 12 -inch Gate Valve Each 3 $2,500.00 $7,500.00 2,600.00 7,800.00 2,650.00 7,950.00 3,165.05 9,495.15 16 60.03 F &I 14 -inch Gate Valve Each 2 $3,200.00 $6,400.00 6,500.00 13,000.00 6,035.00 12,070.00 8,018.69 16,037.38 17 60.07 Polyethylene Encasement LF 3,281 $1.00 $3,281.00 1.00 3,281.00 1.00 3,281.00 1.26 4,134.06 18 65.02 Construction Survey Measurement LS 1 $5,000.00 $5,000.00 16,500.00 16,500.00 8,500.00 8,500.00 10,802.72 10,802.72 19 70.12 Traffic Maintenance LS 1 $2,000.00 $2,000.00 5,000.00 5,000.00 2,500.00 2,500.00 13,240.21 ' 13,240.21 20 70.21 Sewer Encasement Each 1 $5,000.00 $5,000.00 5,000.00 5,000.00 3,000.00 3,000.00 1,468.36 1,468.36 21 70.22 Mobilization & Demobilization LS 1 $20,000.00 $20,000.00 5,000.00 5,000.00 28,000.00 28,000.00 13,609.19 13,609.19 22 75.04 Seeding (Schedule F) MSF 70 $300.00 $21,000.00 97.60 6,832.00 120.00 8,400.00 127.66 8,936.20 Total: $371,387.00 Total: $417,041.28 Total: $399,720.00 Total: $422,667.54 Faxed Bid Modification - Item No. 4 ($10.00) ($17,810.00) Faxed Bid Modification - Item No. 10 $12.00 $1,920.00 Faxed Bid Modification - Item No. 18 ($6,500.00) ($6,500.00) Revised Total: $394,651.28 1' ' (. CRW Engineering Group, LLC Page 1 of 1 Date Printed: 12/13/2009 �r. September 2, 2009 Capital Project List for Fiscal Years 2010 -20011 Water: • New 500,000 gallon water storage tank....ARRA money..ADEC Loan money ....4.1 million dollars • New Pressure Station....ADEC Loan money....$700,000 • Power Generation @ Production Wells....(2) stationary... (1) mobile...$95,000 • Water Storage Tank Inspections...(3)...$30,000 • Gateway Storage Tank Roof Replacement...$300,000 • Refurbish #4 Production Well....$ 85,000 • New Production Well ( #7)....$460,000 • Map & Records Management....$35,000 • GIS....$30,000 • Facility Controls Upgrades.....$45,000 Sewer: • Sewer System Analysis....M.L. Foster....(NTE)...$38,000 • Lowell Point Wastewater Treatment Plant Permit Renewal. .. $15,000 • SMIC Wastewater Treatment Plant EPA Violation Mitigation... $15,000 • SMIC Wastewater Treatment Plant Permit Renewal...$20,000 • #4 Lift Station (Forest Acres) Repair and Replacement....$90,000 • Double Walled Fuel Tanks @ WW sites $40,000 • #1 and #3 Mechanical/Piping Upgrades (to include valves to by- pass)....$160,00 • SMIC Wastewater .... Lift Station bypass and valves to lagoon....$145,000 • #1 Lift Station standby power generation....$70,000 • Map & Records Drawing Management....$35,000 sivid • Sludge Piles...Lowell Point Sludge @ SMIC....Engineering rr Plan... $27,000 • Manhole refurbishment. ... $5 5, 000 • SMIC Lower Lift Station Upgrade Engineering....$39,000 • GIS .. ..$30,000 • Facility Controls Upgrade (Security)....$80,000 • L.P. W. W.T.P Sludge Depth Study....$12,000 Stow Skive Sponsored by: Oates 1 CITY OF SEWARD, ALASKA ... RESOLUTION 2009 -096 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, REVOKING RESOLUTION 2009 -089 AND STATING AN INTENT TO FUND $4,060,000 FOR THE NORTH SEWARD WATER STORAGE TANK & PUMPING FACILITY PROJECT SUBJECT TO RECEIVING A LOAN IN THAT AMOUNT, AUTHORIZING A LOAN APPLICATION WITH THE ALASKA DRINKING WATER FUND AND AUTHORIZING THE CITY MANAGER TO ACCEPT A LOAN OFFER FROM THE ALASKA DRINKING WATER FUND WITH PAYMENTS SUBJECT TO BI- ANNUAL APPROPRIATION WHEREAS, the Seward City Council in its 2009 Capital Budget identified the North Seward Water Storage Tank & Pumping Facility as being an infrastructure priority; and WHEREAS, the project is at 35% design (Phase I, Water Main Intertie, at 100% design); and WHEREAS, the City of Seward seeks to obtain the necessary financial assistance to complete the North Seward Water Storage Tank & Pumping Facility by way of obtaining a loan from the State of Alaska, Department of Environmental Conservation's Alaska Drinking Water Fund; and WHEREAS, the City intends to repay the loan over a period of 20 years from fees paid by water system users or available grant funds; and WHEREAS, payments by the City will be subject to appropriation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City of Seward is hereby committing to the State of Alaska (ADEC), its intent to fund the $4,060,000 water improvement project known as North Seward Water Storage Tank & Pumping Facility (the "Project ") and related capital improvements, subject to receiving the loan described below, with the additional details of the Project funding to be determined at a future time. Section 2. The City Manager is hereby authorized to apply for a loan in the amount of S4,060,000 from the State of Alaska Department of Environmental Conservation, Drinking Water Fund, for the Project. Section 3. The City Manager is hereby authorized to execute any and all documents that may be necessary to reflect the $4,060,000 loan from ADEC, the terms of its repayment over 20 years at a rate of interest equal to 1.5% subject to bi- annual appropriations, including but not limited to an agreement for the loan, provided that any promissory note shall be signed by the Mayor. Noitir 212 rr CITY OF SEWARD, ALASKA RESOLUTION 2009 -096 UMW Section 4. According to Chapter 11 of the Seward Charter this resolution shall take effect 30 days following adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 12` day of October, 2009. THE CITY OF SEWARD, ALASKA 4.v -- Clark Corbridge, Mayor ilry ` AYES: Valdatta, Bardarson, Dunham, Keil, Smith, Corbridge NOES: ABSENT: ABSTAIN: VACANT: One ATTEST: / %0 • Jca Lewis, J r �,�,��.mcakvies City Clerk < <A F S : •4 *., 4 -, , • v t •* (City Seal) , M. w ' r. • 1 " --Q,— Ab. b MENION 213 Council Agenda Statement Meeting Date: October 12, 2009 e ' 4 Of St Sk Through: Phillip Oates, City Manager W.C. Casey, Public Works Director d &4s 'L Agenda Item: North Seward Water Storage Tank & Pumping Facility BACKGROUND & JUSTIFICATION: In 2000, the Design Study Report completed by CRW, identified as a necessary improvement to the City of Seward water system, a 520,000 gallon water storage tank. The proposed site for the new water storage tank was the Forest Acres area, at an elevation that matched the Lowell Canyon tanks. Since that time (2000), City Staffwith the assistance ofCRW Engineering, have continued to pursue funding for this project. The project is currently at 35% design. On two separate occasions, the City Staff has submitted an application with the ADEC Municipal Matching Grant Program. Staffhas continued their efforts to secure funding for this critical infrastructure. The new storage tank remains in the budget as a priority project. The availability of 1.5% interest, ADEC loan dollars. makes this water storage tank projcct feasible. The North Seward Water Storage Tank & Pumping Facility is at 35% design, while (Phase I) the Water Main Intertie is at 100% design. Moving forward with Phase I will enable staffto complete the necessary remaining design work, gain site control for the tank and finish this important water system improvement. Nodid INTENT: Secure available funding for the North Seward Water Storage Tank & Pumping Facility through the Alaska Department of Environmental Conservation, Alaska Drinking Water Fund, and Loan Program. .CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: ATTORNEY REVIEW: Yes FISCAL NOTE: �� Approved by Finance Department: �l-. U RECOMMENDATION: City Council approve Resolution 2009- -09 , stating an intent to fund $4,060,000 for the "North Seward Water Storage Tank & Pumping Facility" project subject to receiving a loan in that amount, authorizing a loan application with the Alaska Drinking Water Fund and authorizing the City Manager to accept a loan offer from the Alaska Drinking Water Fund with payments subject to appropriation. Nod 214 Sponsored by: Oates Revoked and replaced with Resolution 2009 - 096 on 10/12/09 CITY OF SEWARD, ALASKA RESOLUTION 2009 -089 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, STATING AN INTENT TO FUND $4,060,000 FOR THE NORTH SEWARD WATER STORAGE TANK & PUMPING FACILITY PROJECT SUBJECT TO RECEIVING A LOAN IN THAT AMOUNT, AUTHORIZING A LOAN APPLICATION WITH THE ALASKA DRINKING WATER FUND AND AUTHORIZING THE CITY MANAGER TO ACCEPT A LOAN OFFER FROM THE ALASKA DRINKING WATER FUND WITH PAYMENTS SUBJECT TO BI- ANNUAL APPROPRIATION WHEREAS, the Seward City Council in its 2009 Capital Budget identified the North Seward Water Storage Tank & Pumping Facility as being an infrastructure priority; and WHEREAS, the project is at 35% design (Phase I, Water Main Intertie, at 100% design); and WHEREAS, the City of Seward seeks to obtain the necessary financial assistance to complete the North Seward Water Storage Tank & Pumping Facility by way of obtaining a loan from the State of Alaska, Department of Environmental Conservation's Alaska Drinking Water Fund. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City of Seward is hereby committing to the State of Alaska (ADEC), its intent to fund the $4,060,000 project, subject to receiving the loan described below, with the additional details of the project funding to be determined at a future time. Section 2. The City Manager is authorized to apply for a loan in the amount of $4,060,000 from the State of Alaska Department of Environmental Conservation, Drinking Water Fund, for the water improvement known as North Seward Water Storage Tank & Pumping Facility. Section 3. The City Manager is hereby authorized to execute any and all documents that may be necessary to reflect the $4,060,000 loan from ADEC, the terms of its repayment over 20 years at a rate of interest equal to 1.5% subject to bi- annual appropriations, including but not limited to an agreement for the loan and a promissory note. Section 4. This resolution shall take affect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 28 day of September, 2009. 215 CITY OF SEWARD, ALASKA RESOLUTION 2009 -089 THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor AYES: Valdatta, Dunham, Smith, Keil, Corbridge NOES: None ABSENT: Bardarson ABSTAIN: None VACANT: One ATTEST: Jean Lewis, CMC City Clerk (City Seal) Nqiid 216 City of Seward, Alaska November 09, 2009 Special Meeting City Council Minutes Volume 38, Page CALL TO ORDER The November 09, 2009 special meeting of the Seward City Council was called to order at 6:45 p.m. by Mayor Willard Dunham. OPENING CEREMONY Police Chief Tom Clemons led the pledge of allegiance to the flag. ROLL CALL There were present: 4" Willard Dunham presiding and Jean Bardarson Vanta Shafer Bob Valdatta Marianna Keil Linda Amber S g Tom- 'Smith comprising a quorum of the Council; and PhilligfAtek,,ity Manager Johanna Dollerhide, Actrli City Clerl Cheryl Brooking, City Attorney` ABSENT — None CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING std APPROVAL OF AGENDA Motion (Bardarson/Keil) Approval of Agenda Motion Passed Unanimous NEW BUSINESS Resolution 2009 -125, Authorizing The City Manager To Apply For An Alaska Energy Authority Round III Renewable Energy Fund Grant For Engineering, Acquisition And Installation Of A Second Seawater Heat Pump At The Alaska SeaLife Center. Motion (Bardarson/Keil) Approve Resolution 2009 -125 Oates stated the reason for the special meeting was because the grant application was due tomorrow. The total was $226,000 with no city match. The city would maint and monitor the grant. Oates felt the heat pump technology was proven and recommended approval. The potential of City of Seward, Alaska City Council Minutes November 09, 2009 Special Meeting Volume 38, Page this idea of heating through seawater was a testable option for the city and the SeaLife Center to pursue. In response to Smith, it would supply about 55% of the energy on an annual basis. There was a seawater heat pump approved for funding less than a month ago, according to Alaska Sealife Center General Manager Darryl Schaefermeyer. They had a DEC discharge permit, monitoring chlorine and hydrocarbons. This was to use ex s %awater. To be able to apply for this program, the city was an eligible applicant; the sealife cwt r"was not, so the sealife center needed support from the city on this. It was the first step in the process for this type of application, according to Schaefermeyer. Motion Passed Unanimous ,. COUNCIL COMMENTS CITIZENS' COMMENTS COUNCIL AND ADMINISTRATION. RESPONSE TO CITIZENS' COMMENTS ADJOURNMENT: • 'rx c iv The meeting was adjourned at 6:55 g m Johanna Dollerhide, CMC Willard E. Dunham Acting City Clerk Mayor (City Seal) Nald 218 City of Seward, Alaska December 07, 2009 City Council Minutes Volume 38, Page CALL TO ORDER The December 07, 2009 special meeting of the Seward City Council was called to order at 6:00 p.m. by Mayor Willard E. Dunham. OPENING CEREMONY City Manager Phillip Oates led the pledge of allegianc -,Its the flag. ROLL CALL There were present: Willard E. Dunham, presiding and Marianna Kei Bob Valdatta 1 0 Tom Smith Vanta Shafer .. Jean B darson Linda Amberg '£ comprising a quorum of the ® il; and Phillip Oates, City Manag Johanna Dollerhide, Assist t Ci erk ABSENT — Non k � ti CITIZENS' COMM ON Y SUBJE EXCE THOSE ITEMS SCHEDULED FOR PU RIN P ° e Long tha oun .r thei � .� for this disaster. Residents of Lowell Point dodged a . kyt this time, bf ho '� about the next time. Also, he felt the borough declaring a disaster toda initely happe ,VId muc • , due to the city's promptness. He hoped they could work together to' e d a solution ? the o = rship and maintenance of Lowell Point Road. APPROVAL OF A th' DA AN CONSENT AGENDA Motion (Bardarson /Smith Approval of Agenda oz Motion Passed Unanimous NEW BUSINESS Resolution 2009 -140, Declaring A State Of Disaster Due To Storm Surge Damage In The City Of Seward And Requesting Assistance. Motion (Bardarson/Keil) Approve Resolution 2009 -140 219 City of Seward, Alaska City Council Minutes December 07, 2009 Volume 38, Page under the Lowell Point Road would constitute a major threat to public safety and the environment; and WHEREAS, the Lowell Point Road provides the utility corridor for all electrical services to Lowell Point; and WHEREAS, the Lowell Point Road provides the only access to state and federal p at Lowell Point; and" Motion to Amend Passed Un o+ ius Main Motion Passed As Laid Down animo And Amended COUNCIL COMMENTS z � Valdatta stated they had l0' four or five - t 1' Co: t Guard, he lat t it was part owned by the borough, and part by t Smith clarified the wind came from t outh West. Keil had bee' 4 1i • . ed to light a Chris in Hob 1 P : k area. Bardarson w: ,• to kno low the for '-r tree used 65' et electricity. S 41"i:4 -' a lot o os 4 ren't happy `: the tree in Kawabe Park. People wanted a bigge e. ;��� " ,.. CITIZE COMMEN Tim M "�� i ald reco ded t ity get a discount on cement. COUNCIL AND A i IST' - ION RESPONSE TO CITIZENS' COMMENTS ADJOURNMENT The meeting was adjourned at 6:55 p.m. Johanna Dollerhide Willard E. Dunham Assistant City Clerk Mayor (City Seal) 221 City of Seward, Alaska City Council Minutes December 14, 2009 Volume 38, Page CALL TO ORDER The December 14, 2009 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Willard Dunham. OPENING CEREMONY Police Lieutenant Butch Tiner led the pledge of allegiance ROLL CALL There were present: Willard E. Dunham presiding and n a Jean Bardarson ® ob a ldatt' Marianna Keil ' 3`. �� to � er comprising a quorum of the Council; and Phillip Oates, City M. e , Jean Lewis, City Clerk Cheryl Brooking, City Attu ABSENT — Tom Smi CITIZENS' C • ;- :;,9 - 011L, , 0 h� � EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEA , c : �' x APPR � END ‘ ON T AGENDA ! ardar r) Approval of Agenda and Consent Agenda Motto � �� Unanimous A City Atto a "i r as added to the agenda. Resolution 2009-1, was pulled from the consent agenda. The clerk read the following approved consent agenda items: Resolution 2009 -141, Adopting To Participate In The 2010 AML /JIA Loss Control Incentive Program For The City Of Seward. Resolution 2009 -142, Authorizing A Contract Through December 31, 2010, With Alaska Newspapers, Inc. For Display Advertising In The Seward Phoenix Log At A Reduced Rate Of $335.50 Per Week And Establishes Other City Advertising Rates At $11.00 Per Column Inch. es 0 City of Seward, Alaska City Council Minutes December 14, 2009 Volume 38, Page The September 28, 2009, November 9, 2009 And November 23, 2009 Regular City Council 'sod Meeting Minutes And The November 24, 2009 Special City Council Meeting Minutes Were Approved. There Was No Objection To The Beverage Dispensary Liquor License Renewal For Thorn's Showcase Lounge. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards - None ¢es€ Borough Assembly Report by Sue McClure. `c, lure blic she had been putting her reports in the Phoenix Log newspaper . _�� on d Ci ��p - fo all to see. Two ordinances would be up for public hearing i ,1 � . ,PB a rdinance raked a liquid petroleum products business for reports so th;��i ou let information eir volume of sales with the idea of modifying gasoline taxes. ''.& Ordinance /109-52 would give the Borough Mayor the authority to appoint members . ds when there were vacancies. She stated Cindy Ecklund had replaced �� the Borough����. Commission and wanted all to know she too would be driving to the . i 1 of the penin� �� he notified that Ron Long was voted onto the Board of Equaliza ure _state' Iood Plain Task Force were exploring ways of buying out certain de 4 , sE � ® ies i o Id Mill Subdivision to control flooding in that area. are r, The council relay . a a it oE they we not e ithused on having the Borough Mayor appoint citizen � + a � 'd these positions filled on the Local level. City u Oates notified the City had received a check Qua � � � a emen and in the amount of $1,622,052.36. The attorney's fees the 4 k;ti �'�� share of ies was 22.4% or $468,221.33. Overall, the City's total recov -_, - r � the E Valdez oil spill was $3,448,626.34. This amount would be mad• = y ���® balanc,�r "" g th- r ity's undesignated fund balance reserves at approximately 3.45 month , %� �� ithin month window as required by. policy. He acknowledged a significant � "Thank owes Darryl Schaefermeyer and Rick Gifford who worked really hard to quantify ant w d's claims for damages, which resulted in this recovery. Oates stat 4 personnel from the State of Alaska, Department of Transportation and Emergency Management divisions were in Seward December 10, 2009 documenting damage from the December 1 storm surge event. Initial estimates from PND Engineers for returning the rock wave barriers, road, seawall, bike path, an d beach back to the condition that existed prior to the storm, range from $7.7 million (if we are able to use much of the existing rock) to $10.6 million (if new rock was required). Oates announced Seward, Alas ka was recently voted the #1 travel destination in the United States by TripAdvisor. There had been cruise ship cuts for 2011 with Holland America's Ryndam and Princess's Royal Princess both redeployed to Europe. Oates stated The University of Alaska Fairbanks had announced it had selected Marinette ^ 23 City of Seward, Alaska City Council Minutes December 14, 2009 Volume 38, Page Marine Corporation of Marinette, Wisconsin to build the 254 -foot Alaska Region Research Vessel. When complete, the vessel would be one of the most advanced research vessels in the world and capable of breaking ice up to 2.5 feet thick. ➢ North Forest Acres Levee Road Project. The City was finalizing the property purchase agreements with the University of Alaska and a private property owner, and those would come before Counci •proval at their meeting on January 11, 2010. This left one remaining property acquiA =; i . - completed. The City had completed the utility relocation plan for the project .,45`04 • ente e' into an agreement with the railroad for the installation of culverts neces t the railroad tracks and property on the East side of the Seward Highway e sho . lized in January, and then construction. ➢ The City had received notification of a statz t a d o ' 78,705.94' - V ` ere available through the American Recovery and Re': v0,1, Ac 'r the purpose of . .q . ettin increased utility costs. ➢ The short-term lease for God acier Tours aM , = sired on November 28, 2009 and the company had not yet remo 5 equipment .` ` om the site as requested. ➢ The Library Museum Design Te . d mo' ing their 35% schematic design drawings, while E Inc. deve . e and verified space requirements for the facility. S, _n drawl .` shod 06'f- finished for the upcoming legislative session. , e e ➢ The Lon Te ; � = � � a �i ���� � g IT Company would be closed out next week, but the were 01 € arranty issues. The final contract amount for c f the as ,027,712.82. Please note the final amount was only he ori of rice of $22 million. ttorn rt. City Attorney Cheryl Brooking stated her brief report went throug ,, s er 20, i r ° and had the usual items they assist with on it. More time had been spent on the s con is and the SAAMS lease negotiation. She said the lawsuit with Resurrection e . tion Alliance had been remanded back to District court and District Court acknowledged _ had it. There was no time limit by the court. Mayoral ' ovember Report, Mayor Willard Dunham wanted council to look at the gas line map portion of his written report. He was disappointed not one person from the majority of the legislature showed up to the Energy meeting after being invited. He saw a couple of the minority members there. Vice - Mayor Bardarson had attended AML's natural gas program and found the talk of a propane facility established on the north slope that could be ready for market in two years very rte„ interesting. 224 City of Seward, Alaska City Council Minutes December 14, 2009 Volume 38, Page PUBLIC HEARINGS Resolution 2009 -134, Authorizing The City Manager To Enter Into A Special Contract With The Alaska Railroad For Discounted Electric Rates For The Alaska Railroad Coal Facility. Motion (Bardarson/Keil) Approve Resolution 2009 -134 Notice of the public hearing being posted and published as required ' • ' noted and the public hearing was opened. Tim McDonald wanted to know if the coal dust pro e has , r'- lved and wasn't sure a special rate should be given until it had been comple , ,, ed. ' Public Hearing Was Closed. City Manager Phillip Oates stated earlier �,; , rate schedule s were revised and the industrial rate eliminated. He was recommen• ill_ � cial contract rate for three of the community ' s biggest utility users ds of these o a - +.�'" $, s had agreed and discussed the fiscal impact on their businesses. Thi , ' ` t to for the • '' ', ',p� , for their coal facility only. All three users agreed to share the burd- ' ,, -_i infrastruc , ''' hese three companies all had unique power requirements, with year -ro ?•' ',. g P1' 'ray « : a offer; seasonal demand in excess of 750 kilowatts and one offer- ° - • d servic. • �� .', 3 inter months. He explained the comparison of rates - . ,, ,1 a cl• ed app Motion Passed , ,� ��r "'Unanimous Resolution 2009-135, A it ,Coi/A,) _ i E ily,= anager To Enter Into A Special Contract With Icicle S ,, q 1 ii x or I Till` K.• Elec ric Rates For Seward Fisheries. ``; � ,, , 4' ardar A r -� . Approve Resolution 2009 -135 Notice ° , • lic he , _1. i eing posted and published as required by law was noted and the public hearing 4 ' ;; , , .,. No e appeared to address the Council and the public hearing was closed. Oates st. ,''` issue had been framed in the prior resolution. For Icicle Seafoods, Inc., they were a large empl . er with seasonal demand in excess of 750 kilowatts that provided year round employment to the community. He explained the comparison of rates and recommended approval. Motion Passed Unanimous Resolution 2009 -136, Authorizing The City Manager To Enter Into A Special Contract With The Seward Association For The Advancement Of Marine Science (SAAMS) For Adjusted Electric Rates. Motion (Keil/Shafer) Approve Resolution 2009 -136 City of Seward, Alaska City Council Minutes December 14, 2009 Volume 38, Page .►, Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared to address the Council and the public hearing was closed. Oates explained the comparison of rates and uniqueness of this facility situation. Motion Passed Unanimous Resolution 2009 -137 Authorizing The City Manager To Enter Q o and Amended And Restated Agreement For Lease Of Tract 2A, Waterfront T nd T e` Lease Operation And Maintenance Of The Alaska Sealife Center" With Association For The Advancement Of Marine Science. Motion (Bardarson/Shafer) s pr p olutio � <� � 4, rr a� Notice of the public hearing being posted and p " ® re. 'red by law was ns d and the public hearing was opened. - e`` �> 3 Darryl Schaefermeyer from laska Sealife c l " : anked the city attorney and city manager for their cooperation with th a ent the last t" N ® ''. Schaefermeyer stated his view of the agreement, operation, coope q involvem a °i'• requirements. The main three objectives renegotiated were: • The tidelands leas: �� annual 1,0 �����b � nt would be terminated. • Would make ' e termin. .n fu �- ual draw down allowance that was approved by e of January ' 009. • Operations a ena g g tan up, bank financial and budget reporting, etc. Schaeferme er had s • �", m� . C Manager's memo that was in the packet. This agre �� � �' � reduc' ,:, nation and requirement, but it continued what was amended i u. " � ich g ;:r MS the option up to $500,000 until September 29, 2009 p p p 6a totall fed by ember 30 of each year. He said it did not end the annual " ce pl. . . � gree e ° ent did not shift the operations and maintenance to the city for a on fired b ooperative agreement following the decision to no longer operate the He e of research activity, hours open, and a well- maintained center. Schaefe rin the one year period, the center would not be abandoned by SAAMS, but would c'. 'lc) be operated and well maintained. If ADF &G were to receive the center back, it would ceive a well maintained facility. As of September 30, 2009, the termination fund had a ba ance of $211,002.13. He reminded this facility had 93 year round employees with an annual payroll of $4.7 million. Public Hearing Was Closed. Oates said he purposely tried not to influence the staff or attorney on this contentious issue. He acknowledged that the City was clearly taking on more risk by losing the tidelands lease and making permanent the ability to draw down the termination fund. Oates stated the Center was in a transition period and must find other sources of research funding to keep the Center open. He felt 4, 4 City of Seward, Alaska City Council Minutes December 14, 2009 Volume 38, Page this was a risk worth taking. He also thought it was a larger risk to not assist those that were best equipped to run the facility to get the Center through this transition. Mayor Willard Dunham disclosed a possible conflict of interest because of his presence on the SAAMS Board. He received no financial interest or gain. Vice Mayor Bardarson and Council unanimously declared a conflict did not exist. i a Council unanimously requested frequent financials, budgets a! $ if the City were to 4 take on this added liability. In response to Bardarson, City Attorney Cheryl B =W.5 g . )t 1 ®-t in 2006 the amount of the termination fund was reduced to $700,000 which, -houg icient to maintain and operate the facility in a "mothballed" state. Th- ig . the o iod eferenced still existed to fully operate the facility as a st xC d o ell m aintained ated marine research facilities throu l hout the United S wording out s e cooperative agreement. SAAMS was now asking that their obligation be lim xs . -ir termination fund requirement of $500,000, which was to be fully fund-.4_,.., ly on Septemz each year. Oates expressed that the Alaska ; ' , .s ter had . al plan to visit their financial status. The City would be notified once - , , , o ld o operate the facility for one more year. Oates acknowledg , S was o ity know a year in advance which would be the same tim t- i 4 � � � ld have t e ake i rmination. If they could not operate for one more year, fr. Ci `<,, esponsibl The ' ty could look at the state at that point. Rules were suspende fiy, ts.,4,ba i 9 o allow Darryl Schaefermeyer to speak. state � ;�� sion onight had not changed and was the same as adopted in the emen c • er o `1,0A 1- mentioned there was a two year requirement following a fi hy • nsul � ,F � on o 'acidity. If after that period, SAAMS could no longer operate � � � d b; given to the City. In his opinion, ADFG and EVOS would e � ��w � en no � �� given ty. inion p probab � � �� *n thee' ,`�,' +nability. He noted there were always opportunities to partner with s other inst . - nd th : orld. Motion Passe' Unanimous Resolution 2009 -138, Authorizing The City Manager To Enter Into A Lease Agreement With The Seward Association For The Advancement Of Marine Science (SAAMS) For The Tenancy Of The West And Central Office Spaces, Including Common Areas And Restrooms Of The Railroad Depot Annex Building Located At 501 Railway Avenue. Motion (Keil/Amberg) Approve Resolution 2009 -138 Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared to address the Council and the public hearing was closed. rt City of Seward, Alaska City Council Minutes December 14, 2009 Volume 38, 11110,- Oates stated this was an effort to save money and impacted two current leases in the Petro Plaza building and the Investment building. It would save the city $30,000 on lease space per year. Oates hoped to have other options come available for the electric and community development departments. Community Development would move into the upstairs conference room while the electric department would be in the Railroad Depot Annex building. Amendment (Bardarson/Keil) Change Section o ay "effective 30 days after its ado o ' a osting" instead of "imme i ' Amendment Passed t� Una � ff � � o s Main Motion Passed '', an `i 6 - Resolution 2009 -139, Authorizing Participa ti + s e 20 •I Community D e opment Block Grant Program For A Total Of $252,925 For d A cessible Boardwalk Along The Southern Edge Of The Small Boat Harbor C The New South Float System (Q,M,N,O,P) With S Float And outh Launc o� b �A ® Areas, While Creating ADA Accessibility Throughout The Harb o� v SOD Motion (Bardarson /Shafer) £ ,IN 9 a ove litsolution 2009 -139 1rr Notice of the public hear sted an • 6 � . hs r� � equired by law was noted and the public hearing was o ene • g p one ed to add y s the ouncil and the public hearing was closed. Oates stated t �e A s )` � ii grant submitted last year. It came before council because it needed verific - e p 4_ cess and that public officials supported the project. He re oject� d e .oardwalk within the harbor and provided ADA acce .ility. Ut z upport this requirement in the application process. 1 ifs Mom d Unanimous tom" gr r Counci � Council res � p I • UNFINISHED B INESS Item for Reconsideration Resolution 200 -108, Adopting The Parking Enterprise Fund Budget For Calendar Year 2010 and 2011. Motion (Keil/Shafer) Withdraw the Motion for Reconsideration of Resolution 2009 -108 as was passed on November 24, 2009. X 4. City of Seward, Alaska City Council Minutes December 14, 2009 Volume 38, Page Motion for Reconsideration Withdrawn Unanimous NEW BUSINESS Resolution 2009 -143, Approving The Revised City Employee Drug And Alcohol Policies. Motion (Bardarson /Amberg) Approve Resol . 009 -143 Oates clarified what the city could test for and when. Th stron eer policy than in the past and he believed this set the correct tone and would uphol • a higher standard. The new policy allowed better tools for discipline purposes al e Amendment (Bardarson/Keil) itsel � _ s p . e 261, "add .21" id r: I r ove "an Amendment Passed a s I Brooking stated there were tw ® , Q •cies: a CDL • � �� . one for everyone else. Provisions by the Alaska Constitution for search e were prote - � was a demonstrated history and legal framework on how drug polici� q e oped and ey were treated. Those events were laid out in a policy. Even though it this p 'icy was brought in the form of a resolution before the co 1 n use of th -,• o t ��3m�a 6 with it. Main Motion Pass m U 6 animous INFORMATIONAL �i '� `� No action required) fi COUN NT a,i berg �� P�� �ar' ryone erry Christmas and a healthy and prosperous new year. ed st z the downtown Christmas tree and thanked Ron Long for continuing his public se ying at the borough level. She wished everyone happy holidays. ba r ,Y Bardar ^kil thanked everyone for putting up the downtown Christmas tree. She had heard from Pat W ams how the history of the tree was started downtown in 1920, and had moved to the Elks, to the middle of the street at the end of 4 Avenue, moved to Thorns lot, then Kawabe Park for a year. Bardarson stated it made for a more welcoming downtown. She thanked everyone for all the hard work they had done and wished everyone happy holidays. Shafer thanked the Mayor and city clerk for hosting the 2 °d graders on their community tour. The classes toured downtown businesses and the kids were thrilled in meeting the Mayor. Shafer liked the new binders for the packets and wished everyone a Merry Christmas and Happy New Year. 229 City of Seward, Alaska City Council Minutes December 14, 2009 Volume 38, Page Valdatta questioned whether insurance was in place if the floats were damaged before finalization or delivery of the contract like they were last time. He told a story remembered throughout town about the tree lights being carried up the street attached to a car of one of the community's more "colorful" members. Valdatta liked the new packet binders also. Dunham thanked the teachers and the school system for allowing the children to attend city hall. He said the children were not afraid to talk and ask questions and <oyii f ht it was a good idea to orient the children to what their town had to offer. He notified a ' ipation at the KPB economic outlook and the carbon tax issue with Chugach. He wig ryone s appy holidays and a prosperous new year. ° aE,, A Oates thanked the Mayor great job r or for the reat 'ob he + it. He Hi Mayor had been hosting lunches, working his way through the comm , 'r. v, and wo ` ',41 .,°3 d for the town. Oates informed it was a pleasure to work with th CITIZENS' COMMENTS Tim McDonald notified eve e had just ap � self as Seward's Omsbudsman and wanted anyone in the community �w ' cerns to con ; o could bring them to the council's attention. He wanted a lot mor- J;0- cipation i eetings and noted the job loss trend for the area. He felt fishing had bee 6A. i °,. ° �a d so) e of the 20 seine boats that were here fishing in the 80's a , a o t • to two b c . is - 'eon salmon runs in the area and the lack of commercial op ii_.441,rt.nald tho i t too ° ®. - fish were reaching the creeks and thus choking and poiso e fi gs with de mpost ion. He thought better management was needed for Res �" i , b a • an Portant and traditional lifestyle. McDonald ht the council 0 ' ; e e i hin thought community to help. Merry �P � _� g tY p m' Christmas. COUN( r 1 , IN " A ON 1 SPONSE TO CITIZENS' COMMENTS 1 also • hope public would call the city council themselves, or speak to the 'f they ® issues': She found the City Manager very responsive and thought the counci She ' - c the public to call any or all of them. Val '1, ' t e; some fisheries like pollock were controlled by Kodiak and not in the council's contro ADJOURNMENT The meeting was adjourned at 9:32 p.m. Jean Lewis CMC Willard E. Dunham City Clerk Mayor (City Seal) 230 AGENDA STATEMENT w Meeting Date: January 11, 2010 1 SE 4 From Johanna Dollerhide, Assistant City Clerk Agenda Item: Non - objection to the Liquor License application for Peking Restaurant BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the request for the liquor license application for Peking Restaurant. The City of Seward Police Department, Fire Department, Utilities Department and the Kenai Peninsula Borough Finance Department have no objections to the liquor license application for this business. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license application, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Approval of the Restaurant Eating Place Public Convenience Liquor License application for Peking Restaurant. s MEMORANDUM OF S @ij, Date: January 11, 2010 :i Niligrog To: Michelle Endresen, Finance — Leases 41.1k$10* Kari Atwood, Finance — Public Utilities Chief Tom Clemons — Police Department Chief David Squires — Fire Department From: Johanna Dollerhide, Assistant City Clerk r\ Subj: Verifying Compliance for the application of liquor license for Peking Restaurant. The following business has applied for a restaurant eating /public convenience liquor license. Please review the following business for compliance with all utilities, lease payments, and assessments. Thank you! Name Department Status Initials Peking Restaurant #4215 Restaurant Eating/Public Convenience Finance/Leases N ) Pr 0 Finance/Utilities 04 i ■ Police Chief Fire Chief 232 KENAI PENINSULA BOROUGH I =F 144 North Binkley Street • Soldotna, Alaska 99669 -7520 PHONE: (907) 714 -2160 • FAX: (907) 714 -2388 = Toll-free within the Borough: 1- 800 - 478 -4441, Ext 2160 r EMAIL: assemblyclerk@borough .kenai.ak.us JOHN! BLANKENSHIP, CM BOROUGH CLERK December 4, 2009 RECEIVED DEC 0 7 2009 1 Ms. Dawn Holland - Williams OFFICE OF THE Records & Licensing Supervisor CITY CLERK Alcoholic Beverage Control Board 5848 E. Tudor Road Anchorage, AK 99507 -1286 Re: Application for Renewal of Liquor License: #4215 Dear Ms. Williams: Please be advised that the Kenai Peninsula Borough has reviewed the following liquor license renewal applications and has no objection to the continued operation of the liquor license for the establishment within the City of Seward, Alaska: Restaurant/Eating Place- Public Convenience Peking Restaurant The Kenai Peninsula Borough Finance Department has reviewed its files and has raised no objection based on unpaid or delinquent taxes. Sincerely, Johni Blankenship CMC Borough Clerk c: Applicant City of Seward KPB Finance Department File 3 HOMER KENAI SEWARD Type: Restaurant/Eating Place - Public Convenience Lic #: 4215 DBA Name: Peking Restaurant Premise Address: 338 Fourth Ave Owner: Hye Suk Min Mailing Address: PO Box 2305, Seward AK 99664 SOLDOTNA KACHEMAK SELDOVIA OUTSIDE CITY LIMITS We have received application(s) for renewal of liquor license(s) listed licensees within your jurisdiction. You are being notified as required by AS 04.11.520. Additional information concerning filing a "protest" by a local governing body under AS 04.11.480 is included. A local governing body as defined under AS 04.21.080(11) may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is "arbitrary, capricious and unreasonable ". Instead, in accordance with AS 04.11.510(b), the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330- 44.62 -630. IF THE APPLICANT REQUESTS A HEARING, THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. 234 Under AS 04.11.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS 04.11.420(b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. Protest under AS 04.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS 04.11.420(a) are two separate and distinct subjects. Please bear that in mind in responding to this notice. AS 04.21.010(d), if applicable, requires the municipality to provide written notice to the appropriate community council(s). If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. For additional information please refer to 13 AAC 104.145, Local Governing Body Protest. Note: Applications applied for under AS 04.11.400(g), 13 AAC 104.335(a)(3), AS 04.11.090(e), and 13 AAC 104.660(e) must be approved by the governing body. 235 Page 1 of 1 Johanna Dollerhide From: Jean Lewis Sent: Thursday, December 03, 2009 1:39 PM To: Johanna Dollerhide Subject: FW: Liquor License Renewal Notice Attachments: KPB Renewal Notice 12- 03- 09.doc From: Lambert, Christine C (DPS) [mailto:christine.Iambert@alaska.gov] Sent: Thursday, December 03, 2009 11:24 AM To: smorgan @borough.kenai.ak.us; Jean Lewis Cc: Holland - Williams, Dawn R (DPS) Subject: Liquor License Renewal Notice I attach notice of renewal application receipt for Peking Restaurant. If I can be of further assistance, please let me know. Thank you. Chrigting C. IzambQrt 1.vieRn6R examinRr 13C board oitimy (907) 269 - 0356 phonR (907) 272 -94 f aX f 12/7/2009 AGENDA STATEMENT I Meeting Date: January 11, 2010 . SF q� Johanna Dollerhide, Assistant City Clerk " •'• _ 0 Agenda Item: Non - objection to the Liquor License application l ASV•P for Gateway Liquor and Food Mart BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the request for the liquor license application for Gateway Liquor and Food Mart. The City of Seward Police Department, Fire Department, Utilities Department and the Kenai Peninsula Borough Finance Department have no objections to the liquor license application for this business. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license application, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Approval of the Package Store Liquor License application for Gateway Liquor and Food Mart. MEMORANDUM r y oF SF{ Date: January 11, 2010 u ` To: Michelle Endresen, Finance — Leases 4cAS�P Kari Atwood, Finance — Public Utilities Chief Tom Clemons — Police Department Chief David Squires — Fire Department From: Johanna Dollerhide, Assistant City Clerk 1✓ Subj: Verifying Compliance for the application of liquor license for Gateway Liquor and Food Mart. The following business has applied for a renewal of their package store liquor license. Please review the following business for compliance with all utilities, lease payments, and assessments. Thank you! Name Department Status Initials Gateway Liquor & Food Mart #2683 Package Store Finance/Leases Q ` pt ■c Finance/Utilities 04 Police Chief 0 C r� Fire Chief 238 KENAI PENINSULA BOROUGH 1= North Binkley Street • Soldotna, Alaska 99669 -7520 PHONE: (907) 714 -2160 • FAX: (907) 714 -2388 Toll -free within the Borough: 1- 800 - 478 -4441, Ext 2160 rti EMAIL: assembiyclerk @borough.kenai.ak.us JOHNI BLANKENSHIP, CM BOROUGH CLERK December 22, 2009 Ms. Dawn Holland - Williams Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Road Anchorage, AK 99507 -1286 Re: Application for Renewal of Liquor License: #2683 Dear Ms. Williams: Please be advised that the Kenai Peninsula Borough has reviewed the following liquor license renewal application and has no objection to the continued operation of the liquor license for the establishment within the City of Seward, Alaska: Package Store Gateway Liquor & Food Mart #2683 The Kenai Peninsula Borough Finance Department has reviewed its files and has raised no objection based on unpaid or delinquent taxes. Sincerely, Johni Blankenship CMC Borough Clerk c: Applicant City of Seward KPB Finance Department File H_ Type: Beverage Dispensary Lic #: 1085 DBA Name: Kharacters Premise Address: 197 E Pioneer Avenue Owner: L & S Inc Mailing Address: 3851 Shelford, Homer AK 99603 KENAI SEWARD Type: Package Store Lic #: 2683 DBA Name: Gateway Liquor & Food Mart Premise Address: 1400 B Third Avenue Owner: Harbor Gateway Inc Mailing Address: PO Box 944, Seward AK 99664 SOLDOTNA Type: Restaurant/Eating Place — Public Convenience Lic #: 3076 DBA Name: Don Jose's Soldotna Premise Address: 44109 B Sterling Hwy Owner: Ernesto & Marielena Sanchez Mailing Address: 44109 B sterling Hwy., Soldotna AK 99669 DBA Name: Hooligans Lodging & Saloon Premise Address: 44715 Sterling Hwy Owner: Hooligan's Lodging & Saloon Inc. Mailing Address: 44715 Sterling Hwy., Soldotna AK 99669 KACHEMAK SELDOVIA OUTSIDE CITY LIMITS Type: Package Store Lic #: 2592 DBA Name: Red Diamond Liquor Barn Premise Address: 43335 K -Beach Road Owner: Giana, Inc Mailing Address: PO Box 2917, Kenai AK 99611 Type: Beverage Dispensary Lic #: 523 DBA Name: The Homestead Restaurant Premise Address: 9 Mile East Road Owner: Homestead Fine Dining Inc. Mailing Address: PO Box 3041, Homer AK 99603 We have received application(s) for renewal of liquor license(s) listed licensees within your jurisdiction. You are being notified as required by AS 04.11.520. Additional information concerning filing a "protest" by a local governing body under AS 04.11 .480 is included. A local governing body as defined under AS 04.21.080(11) may protest the approval of an application(s) pursuant to AS 04.11.480 by furnishing the board and the applicant with a clear and concise written statement of reasons in support of a protest within 60 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is "arbitrary, capricious and unreasonable ". Instead, in accordance with AS 04.11.510(b), the board will notify the applicant that the application is denied for reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330- 44.62 -630. IF THE APPLICANT REQUESTS A HEARING, THE LOCAL GOVERNING BODY MUST ASSIST IN OR UNDERTAKE THE DEFENSE OF ITS PROTEST. Under AS 04.11.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS 04.11.420(b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. Ned i Protest under AS 04.11.480 and the prohibition of sale or consumption of alcoholic r beverages as required by zoning regulation or ordinance under AS 04.11.420(a) are two separate and distinct subjects. Please bear that in mind in responding to this notice. AS 04.21.010(d), if applicable, requires the municipality to provide written notice to the appropriate community council(s). If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. For additional information please refer to 13 AAC 104.145, Local Governing Body Protest. Note: Applications applied for under AS 04.11.400(g), 13 AAC 104.335(a)(3), AS 04.11.090(e), and 13 AAC 104.660(e) must be approved by the governing body. Agenda Statement Meeting Date: January 11, 2010 . s .4 From: Jean Lewis, City Clerk Ov 4 1ASyP Agenda Item: Continuation of the Port and Commerce Advisory Board BACKGROUND & JUSTIFICATION: This is an annual formality. Seward City Code 2.30.330 (attached) states that at the first meeting of each fiscal year, the City Council may continue by affirmative vote the existence of the Port and Commerce Advisory Board. If it fails to do this, the Board will cease to exist within 30 days. CONSISTENCY CHECKLIST: Yes No 1. Comprehensive Plan 2. Strategic Plan 3. Other 4. Not applicable _ X _ FISCAL NOTE: None No attorney or finance review RECOMMENDATION: Council approve this continuation and renew the Port and Commerce Advisory Board for another year through January 2011. 243 ADMINISTRATION 2.30.410 (2) Make recommendations to the city council concerning the design y g and coordination of projects to promote and develop transportation, trade, energy and commerce through- out Seward; (3) Provide input to the city council on policy and procedural matters involving the establishment and continuance of commercial activity, improving the quality of life and protecting the public's best interest; (4) Advise the city council on matters involving the establishment of support services towards the objectives outlined in subsections 2.30.325(a)(2) and 2.30.325(a)(3); (5) Perform other duties as requested by the city council. (b) The board shall have no authority to expend or commit city funds without first obtaining approval by and any necessary appropriations from the city council. (Ord. 512, 1982; Ord. 553, § 5, 6, 1986; Ord. 93-23; Ord. 2008 -008, § 1, 2008) 2.30.330. Continuation. The city council, at the first meeting of each fiscal year by an affirmative vote, may continue the existence of the board. In the absence of an affirmative vote by the council, the board will cease to exist within 30 days. (Ord. 512, 1982; Ord. 93-23) Article 4. Historic Preservation Commission 2.30.410. Established. (a) An historic preservation commission is hereby created, consisting of seven residents of the City of Seward or surrounding areas, who shall be appointed by the council. If there is more than one applicant for the position, the council shall appoint by ballot voting. Applicants must receive at least four votes in order to be appointed. No officer or employee of the city may be appointed a member of the commission. (b) To the extent available in the community, three commission members shall be profes- sionals, as defined in Appendix A of 36CFR 61, from the disciplines of history, architecture or architectural history and archaeology. If the commissioners are not professionals in the disciplines of history, architecture or architectural history, and archaeology, then consultants in these disciplines will be appointed as consultants to the historic preservation commission. Consultant appointments shall be approved by the historic preservation commission and must be qualified under the standards defined in Appendix A of 36 CFR 61. (c) A chairman of the commission shall be selected annually by the appointed members. (Ord. 94 -04; Ord. 2000 -13, § 3, 2000) Supplement No. 08 -1 2 -35 Memorandum Date: December 18, 2009 11 oF S Fty 9 To: Seward City Council From: City Manager�o '�tASr�P Subject: Fluoride The purpose of this memorandum is to provide information to the Seward City Council that will facilitate a discussion and lead to guidance from the City Council to the City Manager about fluoride being added to the City of Seward water system. Background On May 26, 2009 Resolution 2009 -043 (attached to this memorandum) was passed by the Seward City Council. This was a resolution of the City Council of the City of Seward to submit an advisory ballot proposition to the qualified voters at the October 6, 2009 regular Municipal Election regarding whether fluoride should be added to City of Seward water. The Agenda Statement for the resolution is also attached to this memorandum. The resolution was approved by the City Council at the May 26, 2009 Council meeting. On October 6, 2009, a non binding advisory proposition was put before the qualified City of Seward voters at the regular municipal election. This Advisory Proposition Number 1 asked voters to determine if fluoride should be added to the City of Seward water to the level (0.7 -1.2 parts per million) recommended by the U.S. Public Health Service. A total of 279 voters voted yes on the non binding advisory proposition and 234 voters voted no (election results are attached to this memorandum). Pros and cons for the proposition were not submitted by City Administration. Instead, a Town Hall Meeting was held on July 27, 2009, to allow those in favor and those against fluoride, to present that information to the City Council and members of the community. Public comment at the May 26, 2009 City Council Meeting provided another opportunity for those in favor and those against fluoride to offer their opinions to the City Council. Discussion To facilitate discussion regarding fluoride the City Manager has given an opportunity to the medical community in Seward and the Director of Public Works to provide information and opinions to the City Council concerning this issue. The City Manager has asked that any input be limited to one page information sheets discussing the advantages, disadvantages, and considerations of impacts on the Water Department for adding fluoride to the City of Seward water system. If those information sheets are prepared by the medical community and Director of 945 Public Works, they will be provided to the City Council as a lay down at the meeting. It is also recommended that the City Council authorize those individuals and members of the public to provide comments during the discussion period. The background and justification in the attached Council Agenda Statement provides additional information that should facilitate the discussion. Possible Approaches to Guidance from the City Council 1. Take no further action. 2. Bring a resolution to the City Council that directs the City Manager to begin the actions that are necessary to safely add fluoride to City of Seward water to the level (0.7 -1.2 parts per million) recommended by the U.S. Public Health Service. 3. Conduct a study by a qualified and unbiased professional engineering firm to determine the impacts and requirements (in terms of equipment, training, and safe guards) of adding fluoride to City of Seward water. The findings and conclusions from this study would be considered by the City Council prior to a final decision concerning fluoride in City of Seward water. 4. Determine and report back to the City Council the grants and other funding sources that may be available to subsidize the costs of adding fluoride to City of Seward water. The findings would be considered by the City Council prior to a final decision concerning fluoride in City of Seward water. Enclosures: 1 — Resolution 2009 -043 2 — Agenda Statement 3 — Election Results Sponsored by: Oates CITY OF SEWARD, ALASKA gkrid RESOLUTION 2009 -043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, SUBMITTING AN ADVISORY BALLOT PROPOSITION TO THE QUALIFIED VOTERS AT THE OCTOBER 6, 2009 REGULAR MUNICIPAL ELECTION REGARDING WHETHER FLUORIDE SHOULD BE ADDED TO THE CITY OF SEWARD WATER WHEREAS, SGS (City's certified lab) conducted a standard water test, that measures 0.1 parts per million and higher, on March 9, 2009 and fluoride was not detected in the Seward City water; and WHEREAS, the United States Public Health Service (USPHS) established the optimum concentration for fluoride in the United States in the range of 0.7 to 1.2 parts per million; and WHEREAS, fluoridation of community water supplies involves the addition of fluoride to the public water supply to an optimal level to reduce the incidence of tooth decay; and WHEREAS, a Seward Fluoridation Study was conducted by Michael L. Foster & Associates, Inc. on April 13, 2009 addressing fluoride forms, corrosion, chemical feed, regulatory requirements, code compliance, operator certification, costs, and fluoride removal; and WHEREAS, according to the Fluoridation Study the approximate cost of fluoridating the water are $130,000 for capital costs and $24,000 for annual costs; and WHEREAS, the Indian Health Service may contribute up to 21% of the capital infrastructure costs; and WHEREAS, there are pros and cons to adding fluoride to community water supplies and there is passion among both the proponents and opponents of fluoridation; and WHEREAS, this resolution will place the issue of whether fluoride should be added to the City of Seward water on the ballot as an advisory vote allowing the qualified voters to advise the City Council on whether to fluoridate the water or not; and WHEREAS, the advisory vote on adding fluoride to the City of Seward's water is non binding, the City Council will consider the voting results. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: w47 CITY OF SEWARD, ALASKA RESOLUTION 2009 -043 Section 1. The City Clerk is hereby directed to submit Proposition No.1 as a non binding advisory vote to the qualified voters at the October 6, 2009 regular municipal election in substantially the following form: ADVISORY PROPOSITION NO. 1 Shall fluoride be added to the City of Seward water to the level (0.7 -1.2 parts per million) recommended by the U.S. Public Health Service? Yes No A "Yes" vote advises the Seward City Council that the voters recommend adding fluoride to the level (0.7 -1.2 parts per million) recommended by the U.S. Public Health Service to the Seward City Water. A "No" vote advises the Seward City Council that the voters do not recommend adding fluoride to the level (0.7 -1.2 parts per million) recommended by the U.S. Public Health Service to the Seward City Water. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 26th day of May, 2009. THE CITY OF SEWARD, ALASKA Clark Corbridge, Mayor AYES: Dunham, Bardarson, Kellar, Keil, Corbridge NOES: None ABSENT: Valdatta, Smith ABSTAIN: None ATTEST: Johanna Dollerhide, CMC Assistant City Clerk (City Seal) 248 Council Agenda Statement e sFh. , Meeting Date: May 26, 2009 To: City Council 4� Through: Phillip Oates, City Manager Agenda Item: Resolution 2009A, Submitting an Advisory Ballot Proposition to the Qualified Voters at the October 6, 2009 Regular Municipal Election Regarding Whether Fluoride Should Be Added to the City of Seward Water BACKGROUND & JUSTIFICATION: Providence, the City of Seward, and other health and wellness entities have met to discuss how to improve the health and wellness of the Seward community. This Wellness For All initiative originated with the 2008 publication of the Seward Region's Community Needs Assessment, sponsored by Providence.. The Wellness For All Group's overarching goal is to improve wellness in the Seward community. Four sub - groups have been created focusing on Smoking Cessation, Obesity, Increasing Awareness of Programs and Opportunities Available in the Community (and improving access to healthcare), and Improving Oral Health. The fluoride issue has gathered a lot of attention both in favor and in opposition to putting fluoride in the City of Seward water. Based on extensive research, the United States Public Health Service (USPHS) established the optimum concentration for fluoride in the United States in the range of 0.7 to 1.2 parts per million. Fluoridation of community water supplies involves the addition of fluoride to the public water supply to an optimal level to reduce the incidence of tooth decay. On March 9, 2009, SGS (City's certified lab) conducted a standard water test for fluoride. This test did not detect fluoride in the Seward City water. A standard water test measures levels at 0.1 parts per million and higher. On April 13, 2009, a Seward Fluoridation Study was conducted by Michael L. Foster & Associates, Inc. This study addresses fluoride forms, corrosion, chemical feed, regulatory requirements, code compliance, operator certification, costs, and fluoride removal. According to this study, the approximate costs of fluoridating the water are $130,000 for capital costs and $24,000 for annual costs. The Indian Health Service may contribute up to 21% of the capital infrastructure costs. If Resolution 2009-v passes this would place the fluoride issue on the October 6, 2009 ballot allowing the qualified voters of the City of Seward to advise the Council on whether fluoride should or should not be added to the City of Seward water. This is an advisory vote and is non binding on the Council decision. CONSISTENCY CHECKLIST: rr Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: There is no initial cost to add this ballot initiative to the ballot, other than in staff time associated with determining the ballot language. Determining appropriate and balanced ballot language may not be a simple matter. At some point, the Council may wish to involve groups on both sides of the issue, to provide input on appropriate ballot language to ensure that the issue is presented in a fair and balanced fashion. It is unknown at this time, whether the City will incur any costs related to the preparation of fair and balanced public education on this issue, although at this time, no costs are anticipated. Approved by Finance Department: ATTORNEY REVIEW: X RECOMMENDATION: City Council approve Resolution 2009- obk , Submitting an Advisory Ballot Proposition to the Qualified Voters at the October 6, 2009 Regular Municipal Election Regarding Whether Fluoride Should Be Added to the City of Seward Water. Now rage 1 of 2 Phillip Oates From: Jean Lewis Sent: Thursday, December 03, 2009 10:33 AM To: Phillip Oates Subject: Fluoride information Phillip, Highlighted in green below are your totals. The Election Day results, after canvassing are as follows: Two -year Mayoral Seat Election Day Votes After Canvass Votes Total Votes Willard E. Dunham 264 52 316 Write -ins 113 18 131 Three,Two -year Council Seats Election Day Votes After Canvass Votes Total Votes Tom Smith 285 51 336 Robert Valdatta 311 55 366 Vanta Shafer 310 52 362 Write -ins 56 17 73 Proposition 1. (Advisory) Shall fluoride be added to the City of Seward water to the level (0.7- 1.2 parts per million) recommended by the U.S. Public Health Service? Election Day Votes After Canvass Votes Total Votes YES 229 50 279 NO 206 28 234 Proposition 2. (Advisory) Shall the Seward City Council increase the sales tax from 4.0% to 4.5 %, with the understanding that the additional funds are expected to be in an amount sufficient to cover a portion of the proposed library /museum operating and construction costs and would be available to be appropriated by the City Council? Election Day Votes After Canvass Votes Total Votes YES 185 38 223 NO 251 37 288 Proposition 3. Shall the City of Seward incur debt and issue general obligation bonds in an amount not to exceed five million dollars ($5,000,000) to finance the construction of community vel library museum capital improvements in the City? Bonds may not be issued until the City has 12/18/2009 2 51 Page 2 of 2 obtained additional funding through contributions and grants for the remainder of the costs of the project. k011aw The bonds shall be secured by a pledge of the full faith and credit of the City. It is expected that annual payments of principal and interest on the Bonds will not exceed the annual amount to be received by the City from a one -half percent sales tax. Election Day Votes After Canvass Votes Total Votes YES 253 48 301 NO 176 27 203 A total of 440 people voted at this election plus 78 counted absentee votes = 518 Total. 252 12/18/2009 ,.rte CITY OF SEWARD • Main Office (907) 224 -4050 P.O. BOX 147 , ' • Police (907) 224-3338 • Harbor (907) 224 -3138 SCWARD, ALASKA 99664-0167 ▪ Fire (907) 224 3445 4 4_; • City Clerk (907).224 -4046 • Community Development (907) 224 -404 • • Utilities (907) 224 -4050 • Fax (907) 224 -4038 November 20, 2009 State of Alaska, Department of Corrections Office of Commissioner Attn: Commissioner Joe Schmidt 550 West 7th Street Suite 601 Anchorage, Alaska 99501 RE: City of Seward/ Spring Creek. Correctional Center emergency wastewater bypass Dear Commissioner Schmidt: The City of Seward has identified a requirement for an emergency wastewater bypass (with valves and piping) for the Seward Marine Industrial Center sewage facility. This is the sewage facility that serves the Spring Creek Correctional Center. The approximate cost of engineering and installing this system is approximately $240,000. We need your assistance for obtaining the funding for this project. Partnering with the Department of Corrections for obtaining the funding for engineering and installing an emergency wastewater bypass is appropriate because the Spring Creek Correctional Center relies on the continued operation of this sewage system. Any significant failure of the system could result in the inability to remove sewage from the Center. Such a failure might require the evacuation of prisoners and personnel. In the past year, there were two occasions of a plugged line at the Spring Creek Correctional Center that caused the City and your staff great concern. The City of Seward is contributing funding to address this problem. We have budgeted $85,000 to contract with an engineering firm in 2010 to determine precise requirements and costs for the emergency bypass system. However., we do not have the funding to pay for both the engineering assessment and the bypass syste.tn. It is prudent that we work together to solve this problem.. We are requesting that the Department of Corrections request $155,000 in the State Operating Budget to establish a fully redundant and safe sewage system for the Spring Creek Correctional Center. If you require further information, please contact me at (907) 224 -4012. Sincerely, Phillip Oates City Manager 253 KENAI MOUNTAINS- TURNAGAIN ARM r CORRIDOR COMMUNITIES ASSOCIATION 3339 Wentworth Street Anchorage, AK 99508 November 27, 2009 fS4 Mr. William Dunham, Mayor 3 02409 City of Seward ° P. O. Box 167 O' �� G * Seward, AK 99664 0" Dear Mayor Dunham: Thank you for your resolution of support 98 -124 in favor of the Kenai Mountains - Turnagain Arm National Heritage Area, dated October 12, 1998 which included approval by the Seward Historic Preservation Commission dated September 16, 1998. Along with twenty -four others, your resolution showed members of Congress the broad range of interest in this legislation. Studies begun in 1997 by the Kenai Peninsula Historical Association evolved into proposed legislation that was ultimately passed by Congress. President Obama signed Public Law 111 -11, Section 8010 on March 30, 2009. Our organization has previous experience administering grants to communities under terms of Congressional funding. We will now begin the planning process required by the legislation which will include cooperation with interested parties and agencies. A brochure giving information on the heritage area is enclosed. If you have any questions, please contact me. Cc: Seward Historic Preservation Comm. Sincerely, f ames H. Richardson, President KMTACCA fir.• y. 254 For Your Information: Section 8010 excerpt of Public Law 111 -11, which is referred to in the letter. , SEC. 8010. KENAI MOUNTAINS- TURNAGAIN ARM NATIONAL HERITAGE AREA, ALASKA. (a) DEFINITIONS. —In this section: (1) HERITAGE AREA.—The term "Heritage Area" means the Kenai Mountains - Tumagain Arm National Heritage Area established by subsection (b)(1). (2) LOCAL COORDINATING ENTITY. —The term "local coordinating entity" means the Kenai Mountains- Tumagain Arm Corridor Communities Association. (3) MANAGEMENT PLAN. —The term "management plan" means the plan prepared by the local coordinating entity for the Heritage Area that specifies actions, policies, strategies, performance goals, and recommendations to meet the goals of the Heritage Area, in accordance with this section. (4) MAP. —The term "map" means the map entitled "Proposed Kenai Mountains- Turnagain Arm NHA" and dated August 7, 2007. (5) SECRETARY. —The term "Secretary" means the Secretary of the Interior. (b) DESIGNATION OF THE KENAI MOUNTAINS - TURNAGAIN ARM NATIONAL HERITAGE AREA.— (1) ESTABLISHMENT. —There is established the Kenai Mountains - Turnagain Arm National Heritage Area. (2) BOUNDARIES. —The Heritage Area shall be comprised of the land in the Kenai Mountains and upper Turnagain Arm region, as generally depicted on the map. (3) AVAILABILrrY OF MAP. —The map shall be on file and available for public inspection in— (A) the appropriate offices of the Forest Service, Chugach National Forest; (B) the Alaska Regional Office of the National Park Service; and (C) the office of the Alaska State Historic Preservation Officer. (C) MANAGEMENT PLAN.— ' H. R. 146 -293 (1) LOCAL COORDINATING ENTITY. —The local coordinating entity, in partnership with other interested parties, shall develop a management plan for the Heritage Area in accordance with this section. (2) REQUIREMENTS. —The management plan for the Heritage Area shall — (A) describe comprehensive policies, goals, strategies, and recommendations for use in— (i) telling the story of the heritage of the area covered by the Heritage Area; and (ii) encouraging long -term resource protection, enhancement, interpretation, funding, management, and development of the Heritage Area; (B) include a description of actions and commitments that the Federal Government, State, tribal, and local governments, private organizations, and citizens will take 255 to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area; (C) specify existing and potential sources of funding or economic development strategies to protect, enhance, interpret, fund, manage, and develop the Heritage Area; (D) include an inventory of the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area relating to the national importance and themes of the Heritage Area that should be protected, • enhanced, interpreted, managed, funded, and developed; (E) recommend policies and strategies for resource management, including the development of intergovernmental and interagency agreements to protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area; (F) describe a program for implementation for the management plan, including— (i) performance goals; (ii) plans for resource protection, enhancement, interpretation, funding, management, and development; and (iii) specific commitments for implementation that have been made by the local coordinating entity or any Federal, State, tribal, or local government agency, organization, business, or individual; (G) include an analysis of, and recommendations for, means by which Federal, State, tribal, and local programs may best be coordinated (including the role of the National Park Service, the Forest Service, and other Federal agencies associated with the Heritage Area) to further the purposes of this section; and (1-1) include a business plan that— (i) describes the role, operation, financing, and functions of the local coordinating entity and each of the major activities contained in the management plan; and (ii) provides adequate assurances that the local coordinating entity has the partnerships and financial H. R. 146 -294 and other resources necessary to implement the management plan for the Heritage Area. (3) DEADLINE. — (A) IN GENERAL. —Not later than 3 years after the date on which funds are first made available to develop the management plan after the date of enactment of this Act, the local coordinating entity shall submit the management plan to the Secretary for approval. (B) TERMINATION OF FUNDING. —If the management plan is not submitted to the Secretary in accordance with subparagraph (A), the local coordinating entity shall not qualify for any additional financial assistance under this section until such time as the management plan is submitted to and approved by the Secretary. (4) APPROVAL OF MANAGEMENT PLAN. — 2 56 (A) REvmw. —Not later than 180 days after receiving the management plan under paragraph (3), the Secretary Ned shall review and approve or disapprove the management plan for a Heritage Area on the basis of the criteria established under subparagraph (C). (B) CONSULTATION. —The Secretary shall consult with the Governor of the State in which the Heritage Area is located before approving a management plan for the Heritage Area. (C) CRITERIA FOR APPROVAL. —In determining whether to approve a management plan for the Heritage Area, the Secretary shall consider whether — (i) the local coordinating entity represents the diverse interests of the Heritage Area, including the Federal Government, State, tribal, and local governments, natural and historical resource protection organizations, educational institutions, businesses, recreational organizations, community residents, and private property owners; (ii) the local coordinating entity— (I) has afforded adequate opportunity for public and Federal, State, tribal, and local governmental involvement (including through workshops and hearings) in the preparation of the management plan; and (II) provides for at least semiannual public meetings to ensure adequate implementation of the management plan; (iii) the resource protection, enhancement, interpretation, funding, management, and development ft strategies described in the management plan, if implemented, would adequately protect, enhance, interpret, fund, manage, and develop the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area; (iv) the management plan would not adversely affect any activities authorized on Federal land under public land laws or land use plans; (v) the local coordinating entity has demonstrated the financial capability, in partnership with other interested parties, to carry out the plan; H. R. 146 -295 (vi) the Secretary has received adequate assurances from the appropriate State, tribal, and local officials whose support is needed to ensure the effective implementation of the State, tribal, and local elements of the management plan; and (vii) the management plan demonstrates partnerships among the local coordinating entity, Federal Government, State, tribal, and local governments, regional planning organizations, nonprofit organizations, or private sector parties for implementation of the management plan. (D) DISAPPROVAL. — (i) IN GENERAL. —If the Secretary disapproves the management plan, the Secretary— (I) shall advise the local coordinating entity in writing of the reasons for the disapproval; and (II) may make recommendations to the local coordinating entity for revisions to the management plan. DEADLINE. —Not later than 180 days after receiving a revised management plan, the Secretary shall approve or disapprove the revised management plan. (E) AMENDMENTS. — (i) IN GENERAL. —An amendment to the management plan that substantially alters the purposes of the Heritage Area shall be reviewed by the Secretary and approved or disapproved in the same manner as the original management plan. (li) IMPLEMENTATION. —The local coordinating entity shall not use Federal funds authorized by this section to implement an amendment to the management plan until the Secretary approves the amendment. (F) AUTHORITIES. —The Secretary may — (i) provide technical assistance under the authority of this section for the development and implementation of the management plan; and (ii) enter into cooperative agreements with interested parties to carry out this section. (d) EVALUATION; REPORT. — (1) IN GENERAL. —Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area under this section, the Secretary shall — (A) conduct an evaluation of the accomplishments of the Heritage Area; and (B) prepare a report in accordance with paragraph (3). (2) EVALUATION. —An evaluation conducted under paragraph (1)(A) shall — (A) assess the progress of the local coordinating entity with respect to— (i) accomplishing the purposes of the authorizing legislation for the Heritage Area; and (ii) achieving the goals and objectives of the approved management plan for the Heritage Area; H. R. 146 -296 (B) analyze the Federal, State, tribal, local, and private investments in the Heritage Area to determine the impact of the investments; and (C) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area. (3) REPORT. —Based on the evaluation conducted under paragraph (1)(A), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area. n58 (e) LOCAL COORDINATING ENTITY.— (1) DUTIES. —To further the purposes of the Heritage Area, in addition to developing the management plan for the Heritage Area under subsection (c), the local coordinating entity shall— (A) serve to facilitate and expedite the implementation of projects and programs among diverse partners in the Heritage Area; (B) submit an annual report to the Secretary for each fiscal year for which the local coordinating entity receives Federal funds under this section, specifying — (i) the specific performance goals and accomplishments of the local coordinating entity; (ii) the expenses and income of the local coordinating entity; (iii) the amounts and sources of matching funds; (iv) the amounts leveraged with Federal funds and sources of the leveraging; and (v) grants made to any other entities during the fiscal year; (C) make available for audit for each fiscal year for which the local coordinating entity receives Federal funds under this section, all information pertaining to the expenditure of the funds and any matching funds; and (D) encourage economic viability and sustainability that is consistent with the purposes of the Heritage Area. (2) AuTHoRITms. —For the purpose of preparing and implementing the approved management plan for the Heritage Area under subsection (c), the local coordinating entity may use Federal funds made available under this section— 'Nod (A) to make grants to political jurisdictions, nonprofit organizations, and other parties within the Heritage Area; (B) to enter into cooperative agreements with or provide technical assistance to political jurisdictions, nonprofit organizations, Federal agencies, and other interested parties; (C) to hire and compensate staff, including individuals with expertise in— (i) natural, historical, cultural, educational, scenic, and recreational resource conservation; (ii) economic and community development; and (iii) heritage planning; (D) to obtain funds or services from any source, including other Federal programs; H. R. 146 -297 (E) to enter into contracts for goods or services; and (F) to support activities of partners and any other activities that further the purposes of the Heritage Area and are consistent with the approved management plan. (3) PROHIBITION ON ACQUISITION OF REAL PROPERTY. —The local coordinating entity may not use Federal funds authorized under this section to acquire any interest in real property. (f) RELATIONSHIP TO OTHER FEDERAL AGENCIES.— (1) IN GENERAL. — Nothing in this section affects the authority of a Federal agency to provide technical or financial assistance under any other provision of law. (2) CONSULTATION AND COORDINATION. —The head of any Federal agency planning to conduct activities that may have 259 an impact on a Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity, to the maximum extent practicable. (3) OTHER FEDERAL AGENCIES. — Nothing in this section — (A) modifies, alters, or amends any law (including a regulation) authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; (B) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of a Heritage Area; or (C) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. (g) PRIVATE PROPERTY AND REGULATORY PROTECTIONS. — Nothing in this section — (1) abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area; (2) requires any property owner to permit public access (including access by Federal, State, tribal, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, tribal, or local law; (3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority (such as the authority to make safety improvements or increase the capacity of existing roads or to construct new roads) of any Federal, State, tribal, or local agency, or conveys any land use or other regulatory authority to any local coordinating entity, including development and management of energy or water or waterrelated infrastructure; (4) authorizes or implies the reservation or appropriation of water or water rights; (5) diminishes the authority of any State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or (6) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property. (h) FUNDING. — (1) AUTHORIZATION OF APPROPRIATIONS. — Subject to paragraph (2), there is authorized to be appropriated to carry out this section $1,000,000 for each fiscal year, to remain available until expended. H. R. 146 -298 (2) LIMITATION ON TOTAL AMOUNTS APPROPRIATED. —Not more than a total of $10,000,000 may be made available to carry out this section. (3) COST- SHARING.— (A) IN GENERAL. —The Federal share of the total cost of any activity carried out under this section shall not exceed 50 percent. (B) FORM OF NON-FEDERAL SHARE. —The non - Federal share of the cost of any activity carried out under this section may be provided in the form of in -kind contributions rr of goods or services fairly valued. ^6n Amor (i) TERMINATION OF AtrrxoRTry. —The authority of the Secretary to provide financial assistance under this section terminates on the date that is 15 years after the date of enactment of this Act. CITY OF SEWARD • Main Office (907) 224 -4050 E?.4. BOX 167 f • Police (907) 224 -3338 • Harbor (907) 224 -3138 SEWARD, ALASKA 99664-0167 � • Fire (907) 224 -3445 aF,as c A • City Clerk (907) 224 -4046 • Community Development (907) 224 -4049 • Utilities (907) 224 -4050 • Fax (907) 224 -4038 January 7, 2010 . The Honorable Don Young House of Representatives 211 Rayburn Building Washington, D.C. 20515 -0201 Dear Congressman Young: We are requesting that four City of Seward projects be included in the FY 2011 appropriations bills. These priorities were subject to the consideration and adoption by the Seward City Council in open public session. Federal assistance for these projects would greatly benefit ongoing efforts by the City to diversify the local economy and provide for the health and welfare of our. residents. The projects are as follows: Lowell Creek Flood Diversion System Investigation t iklaw Section 5032 of the Water Resources Development Act of 2007 requires the Secretary of the A.nny to evaluate an alternative method of flood diversion in the Lowell Canyon area of Seward, Alaska. The United States Army Corps of Engineers (USACE) built the Lowell Canyon Flood Diversion System in 1940 to divert Lowell Creek from its natural path through the City of Seward to prevent flooding in the community. The system, however, has been badly damaged as a result of frequent flooding over the last ten years. A significant blockage caused by the collapse or obstruction of the tunnel, the intake structure, or outlet structure would create a iloodway that would threaten many residences and the Seward Hospital. The City is requesting that $2 million be appropriated for the initial reconnaissance study to define alternatives and for the subsequent investigation evaluating the feasibility of each identified alternative. The objectives underlying a new approach include reducing the risk of flooding, and reducing the long -term costs to the USACE of the system. Seward Waterfront Improvements The City of Seward has spent over a decade in planning, designing and implementing a series of improvements to its historic downtown area. The purpose is to encourage tourists, students, scientists, and business representatives to visit Seward's downtown attractions and shops. The City owns a dock centrally located on the downtown waterfront. This structure is not sufficiently long to handle larger transient vessels which may wish to temporarily dock in the downtown area. The proposed project would involve minor modifications to an existing dock in the downtown area of Seward to accommodate larger marine vessels. The dock would be lengthened and mooring structures affixed to the ocean floor to accommodate larger vessels. The , City is seeking an Economic Development Initiative appropriation of $500 thousand to pay for roughly 25% of the cost of extending the dock and improving the moorage capability. The City will provide $1.5 million in matching funds for the project. Seward. Community Roads The City of Seward has an immediate requirement to pave many local road surfaces, reconstruct new sidewalks, and improve roadway drainage systems. The existing driving surfaces of the majority of roads in the City limits have deteriorated to a point that repaving is the only solution. Pot holes, frost heaves and the failure of road shoulders have made road maintenance difficult and costly. The City's budget for maintenance and repair of roads has doubled over the last seven years, a direct result of the increased maintenance costs associated with sustaining safe driving surfaces. The project would resurface portions of the 25 miles of paved roads that lie within the City limits. Improving the Seward roads is critical to provide greater reliability of the road transportation system which allows for freight service, tourism, and economic development between the City and the south central communities in Alaska. We are requesting $2.25 million and the City will provide a matching $695 thousand for the project. Primary Health Clinic The Seward City Charter requires the community to provide for basic health care. Seward has built a city hospital and long - term care facility for Seward residents. To further improve wellness, the City intends to develop a medical home care model similar to the Swedish Medical Home Model in Seattle, Washington. Under this model, each patient will receive care from a team of physicians, nurses, and other health care providers. Unlike traditional clinics where payment is required for each visit, the patient or the insurance carrier will pay a fixed monthly rate that covers unlimited access to primary care services. These services will include preventative and wellness care, chronic disease management, pediatrics, adolescent and adult medicine, pregnancy care, geriatric medicine, mental health care, urgent care, health education, and minor surgical procedures. The proposed hospital expansion is designed to provide medical space and equipment for this new comprehensive and affordable approach to primary health care. We are requesting an appropriation of $1.15 million to pay for a portion of the cost of this expansion. The City is providing in excess of $1.15 million from a City sales tax to hospital expansion and health care costs. On behalf of all residents of the City of Seward, I thank you for all that you do for Alaska and our Nation. We appreciate your consideration of these four projects. Sincerely, Willard E. 'Dunham, Mayor City of Seward 263 • CITY OF SEWARD • Main Office (907) 224 -4050 ,O. BOX 167 {o se • Police (907) 224 -3338 u c,? • Harbor (907) 224 -3138 SEWARD, ALASkA 99664 -01 67 4 • Fire (907) 224 -3445 a ris o • City Clerk (907) 224-4046 • Community Development (907) 224 -4049 • • Utilities (907) 224 -4050 • Fax (907) 224 -4038 January 7, 2010 The Honorable Mark Begich United. States Senate 825C Hart Building Washington, D.C. 20510 Dear Senator Begich: We are requesting that four City of Seward projects be included in the FY 2011 appropriations bills. These priorities were subject to the consideration and adoption by the Seward City Council in open public session. Federal assistance for these projects would greatly benefit ongoing efforts by the City to diversify the local economy and provide for the health and welfare of our residents. The projects are as follows: Lowell Creek Flood Diversion System Investigation Section 5032 of the Water Resources Development Act of 2007 requires the Secretary of the Army to evaluate an alternative method of flood diversion in the Lowell Canyon area of Seward, Alaska. The United States Army Corps of Engineers (USACE) built the Lowell Canyon Flood. Diversion System in 1940 . to divert Lowell Creek from its natural path through the City of Seward to prevent flooding in the community. The system, however, has been badly damaged as • a result of frequent flooding over the last ten years. A significant blockage caused by the collapse or obstruction of the tunnel, the intake structure, or outlet structure would create a floodway that would threaten many residences and the Seward Hospital. The City is requesting that $2 million be appropriated for the initial reconnaissance study to define alternatives and for the subsequent investigation evaluating the feasibility of each identified alternative. The objectives underlying a new approach include reducing the risk of flooding, and reducing the long -term costs to the USACE of maintaining the system. Seward Waterfront Improvements The City of Seward has spent over a decade in planning, designing and implementing a series of improvements to its historic downtown area. The purpose is to encourage tourists, students, scientists, and business representatives to visit Seward's downtown attractions and shops. The City owns a dock centrally located on the downtown waterfront. This structure is not sufficiently long to handle larger transient vessels which may wish to temporarily dock in the downtown area. The proposed project would involve minor modifications to an existing dock in the downtown area of Seward to accommodate larger marine vessels. The dock would be 264 lengthened and m.00ring structures affixed to the ocean floor to accommodate larger vessels. The City is seeking an Economic Development Initiative appropriation of $500 thousand to pay for roughly 25% of the cost of extending the dock and improving the moorage capability. The City will provide $1.5 million in matching funds for the project. Seward Community Roads The City of Seward has an immediate requirement to pave many local road surfaces, reconstruct new sidewalks, and improve roadway drainage systems. The existing driving surfaces of the majority of roads in the City limits • have deteriorated to a point that repaving is the only solution. Pot holes, frost heaves and the failure of road shoulders have made road maintenance difficult and costly. The City's budget for maintenance and repair of roads has doubled over the last seven years, a direct result of the increased maintenance costs associated with sustaining safe driving surfaces. The project would resurface portions of the 25 miles of paved roads that lie within the City limits. Improving the Seward roads is critical to provide greater reliability of the road transportation system which allows for freight service, tourism, and economic development between the City and the south central communities in Alaska. We are requesting $2.25 million and the City will provide a matching $695 thousand for the project. Primary Health Clinic The Seward City Charter requires the community to provide for basic health care. Seward has built a city hospital and long -term care facility for Seward residents. To further improve wellness, the City intends to develop a medical home care model similar to the Swedish Medical Home Model in Seattle, Washington. Under this model, each patient will receive care from a team of physicians, nurses, and other health care providers. Unlike traditional clinics where payment is required for each visit, the patient or the insurance carrier will pay a fixed monthly rate that covers unlimited access to primary care services. These services will include preventative and wellness care, chronic disease management, pediatrics, adolescent and adult medicine, pregnancy care, geriatric medicine, mental health care, urgent care, health. education, and minor surgical procedures. The proposed hospital expansion is designed to provide medical space and equipment for this new comprehensive and affordable approach to primary health care. We are requesting an appropriation of $1.15 million to pay for a portion of the cost of this expansion. The City is providing in excess of S1.15 million from a City sales tax to hospital expansion and health care costs. On behalf of all residents of the City of Seward, I thank you for all that you do for Alaska and our Nation. We appreciate your consideration of these four projects. Sincerely, i l 'd ,l ard E. Dui am, ayor City of Seward 265 CITY OF SEWARD • Main Office (907) 224 -4050 P SOX t p 6E • • Police (907) 224 -3338 `c • Harbor (907) 224 -3138 SWARD, ALASKA 99664 - 0167 • Fire (907) 224 vazv 'QLgSKp • City Clerk (907) 224-4046 • Community Development (907) 224 -4049 Utilities (907) 224 -4050 • Fax (907) 224 -4038 January 7, 2010 The Honorable Lisa Murkowski United States Senate 709 Hart Building Washington, D.C. 20510 -0202 Dear Senator Murkowski: We are requesting that four City of Seward projects be included in the FY 2011 appropriations bills. These priorities were subject to the consideration and adoption by the Seward City Council :in open public session. Federal assistance for these projects would greatly benefit ongoing efforts by the City to diversify the local economy and provide for the health and welfare of our residents. The projects are as follows: Lowell. Creek Flood Diversion System Investigation Section 5032 of the Water Resources Development Act of 2007 requires the Secretary of the Army to evaluate an alternative method of flood diversion in the Lowell Canyon area of Seward, Alaska. The United States Army Corps of Engineers (USACE) built the Lowell Canyon Flood Diversion System in 1940 to divert . Lowell Creek from its natural path through the City of Seward to prevent flooding in the community. The system, however, has been badly damaged as a result of frequ.ent flooding over the last ten years. A significant blockage caused by the collapse or obstruction of the tunnel, the intake structure, or outlet structure would create a floodway that would threaten many residences and the Seward Hospital. The City is requesting that $2 million be appropriated for the initial reconnaissance study to define alternatives and for the subsequent investigation evaluating the feasibility of each identified. alternative. The objectives underlying a new approach include reducing the risk of flooding, and reducing the long -term costs to the USACE of maintaining the system. Seward Waterfront Improvements The City of Seward has spent over .a decade in planning, designing and implementing a series of improvem.ents to its historic downtown area. The purpose is to encourage tourists, students, scientists, and business representatives to visit Seward's downtown attractions and shops. The City owns a dock centrally located on the downtown waterfront. This structure is not sufficiently long to handle larger transient vessels which may wish to temporarily dock in the downtown area. The proposed project would involve minor modifications to an existing dock in the downtown area of Seward to accommodate larger marine vessels. The dock would be n 66 lengthened. and mooring structures affixed to the ocean floor to accommodate larger vessels. The. Nomad City is seeking an Economic Development Initiative appropriation of $500 thousand to pay for roughly 25% of the cost of extending the dock and improving the moorage capability. The City will provide $1.5 million in matching funds for the project. Seward Community Roads The City of Seward has an immediate requirement to pave many local road surfaces, reconstruct new sidewalks, and improve roadway drainage systems. The existing driving surfaces of the majority of roads in the City limits have deteriorated to a point that repaving is the only solution. Pot holes, frost heaves and the failure of road shoulders have made road maintenance difficult and costly. The City's budget for maintenance and repair of roads has doubled over the last seven years, a direct result of the increased maintenance costs associated with sustaining safe driving surfaces. The project would resurface portions of the 25 miles of paved roads that lie within the City limits: Improving the Seward roads is critical to provide greater reliability of the road transportation system which allows for freight service, tourism, and economic development between. the City and the south central communities in Alaska. We are requesting $2.25 million and the City will provide a matching $695 thousand for the project. Primary Health Clinic The Seward City Charter requires the community to provide for basic health care. Seward has built a city hospital and long -tern care facility for Seward residents. To further improve wellness, the City intends to develop a medical home care model similar to the Swedish Medical Home Model in Seattle, Washington. Under this model, each patient will receive care from a team of physicians, nurses, and other health care providers. Unlike traditional clinics where payment is required for each visit, the patient or the insurance carrier will pay a fixed monthly rate that covers unlimited access to primary care services. These services will include preventative and wellness care, chronic disease management, pediatrics, adolescent and adult medicine, pregnancy care, geriatric medicine, mental health care, urgent care, health education, and minor surgical procedures. The proposed hospital expansion is designed to provide medical space and equipment for this new comprehensive and affordable approach to primary health care. We are requesting an appropriation of $1.15 million to pay for a portion of the cost of this expansion. The City is providing in excess of $1.15 million from a City sales tax to hospital expansion and health care costs. On behalf of all residents of the City of Seward, I thank you for all that you do for Alaska and our Nation. We appreciate your consideration of these four projects. Sincerely, Willard E. Dunham, Mayor City of Seward X67 CITY OF SEWARD • Main Office (907) 224 -4050 P.O. BOX 167 or se • Police (907) 224 -3338 o _ at - , • Harbor (907) 224 -3138 SEWARD, ALASKA 99664 -0167 J • Fire (907) 224 -3445 atasK? • City Clerk (907) 224 -4046 • Community Development (907) 224 -4049 • Utilities (907) 224 -4050 • Fax (907) 224 -4038 Saree Timmons, Natural Resource Specialist Division of Oil and Gas 550 W 7 Ave., Suite 800 Anchorage, AK 99501 -3560 Dear Saree Timmons, The City of Seward fully supports Alaska Department of Natural Resources Division of Oil and Gas Director Kevin Banks determination to continue with the oil and gas lease sales in Cook Inlet. We entirely agree with the Executive Summary statement issued in the Final Best Interest Finding 2009 Cook Inlet Areawide Oil and Gas Lease Sale, "After weighting the facts and issues known to him at this time, considering applicable laws and regulations, and balancing the potential positive and negative effects given the mitigation measures and other regulatory protections, the director concludes that the potential benefits of the lease sale outweigh the possible negative effects, and that Cook Inlet Areawide oil and gas lease sales will best serve the interests of the state of Alaska." Additionally, as a Home Rule City within the Kenai Peninsula we also concur with the statement in the Final Best Interest Finding 2009 Cook Inlet Areawide Oil and Gas Lease Sale Chapter Eleven: Summary and Director's Final Finding, "The director also weighed the potential positive effects to the state, and has concluded that developing the state's petroleum resources is vital to the economies of the state and Cook Inlet area communities and municipalities, and to the well -being of its citizens." Seward urges you to move forward with the Alaska Peninsula and Cook Inlet Area Wide 2010 State of Alaska Oil and Gas Lease Sales and supports the State's efforts to responsibly develop the natural resources that will benefit all citizens of Alaska. The time is long past where Alaska needs to diversify its oil and gas resources through this approach to off -shore development. Please contact Mayor Willard Dunham vie email at wilnbev@ak.net or via phone at (907) 224- 491 -1104 or City Manager Phillip Oates, via email at poates@cityofseward.net or via phone at (907) 224 -4047 for further information. Written mail can be sent to PO Box 167, Seward, AK 99664. Sincerely, Sincerely, Phillip ates DBA iAU i am City Manager of Seward Mayor City of Seward CC: Thomas E. Irwin, Commissioner Department of Natural Resources 550 W. 7th Avenue, Suite 1400 Anchorage, Alaska 99501 C 68 January 2010 January 2010 February 2010 S M T W T F S S M T V V T F S 3 4 5 6 7 8 9 7 8 9 10 11 12 13 10 11 12 13 14 15 16 14 15 16 17 18 19 20 17 18 19 20 21 22 23 21 22 23 24 25 26 27 24 25 26 27 28 29 30 28 31 Monday Tuesday Wednesday Thursday Fnda 1 �. � , ..a � ,. 2010 ; 4 7 3D(Sm P&Z Meeting "12 09pri PACAB Meeting x,..11 12' 6:0 c[ri. ws 1 :3 1Oam . 7 OOpm City Council Meeting :.: , , ,._. , 18 19 20 4. 21',9.. ;. 4.. 6 3Op •f i'�;.' . ti ; ; « l : 12 :OOpdrt "::. , x . ,9 : OOam Social Security Rep , 3O Historic Preservation Meeting . _. .. 25 ::;::::::f: 28 26 .° 0k0�,�1CC WS � , + LA ,,.., ; <_,xx.. ,. ,�� .<.stt .,.. . , K. a �i,u,a°$> .. . 5"��kx�. <� : �„� , - City Council Meeting Nanci Richey n a n 1/7/2010 2:31 PM 1,.. .'1 F ebruary 2010 February 2010 March 2010 V S M T W T F S S M T W T F S 1 2 3 4 5 6 1 2 3 4 5 6 7 8 9 10 11 12 13 7 8 9 10 11 12 13 11 [1111wer 21 14 15 16 17 18 19 20 14 15 16 17 18 19 20 28 22 23 24 25 26 27 28 22 23 31 21 22 23 24 25 26 27 Monday Tuesday Wednesday Thursday Friday February 1 2 3 4 5 7:30pm P&Z Meeting 8 9 10 11 12 7:OOpm City Council 11:30am — Meeting 15 16 17 18 19 Pry "dent's Da : =Offices Closed 6:30pm ;g ® oti 12:00pm PACAB Work 9:OOam Social Security Session Rep 6:30pm Historic Preservation Meeting 22 23 24 25 26 7:OOpm City Council Meeting 1 Nanci Richey n ?- i n 1/7/2010 2:31 PM ;_ r I'