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HomeMy WebLinkAbout03122012 City Council PacketSeward City Council Agenda Packet v... March 12, 2012 City Council Chambers I Beginning at 7: 00 p.m. n 1963 1965 2005 The City of Seward, Alaska ��...A..,I CITY COUNCIL MEETING AGENDA ' All -America Chy j {Please silence all cellular phones and pagers during the meeting} March 12, 2012 7:00 p.m. Council Chambers 1. CALL TO ORDER David Seaward 2. PLEDGE OF ALLEGIANCE Mayor 3. ROLL CALL Term Expires 2013 4. CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING [Those who Jean Bardarson have signed in will be given the first opportunity to speak. Time is Vice Mayor limited to 3 minutes per speaker and 36 minutes total time for this Term Expires 2012 agenda item.] 5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval Robert Valdatta of Consent Agenda passes all routine items indicated by asterisk (*). Council Member Consent Agenda items are not considered separately unless a council Term Expires 2013 member so requests. In the event of such a request, the item is returned to the Regular Agenda] Christy Terry Council Member 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Term Expires 2013 A. Proclamations and Awards Vanta Shafer 1. Certificate of Congratulations for the Seward High Girls Basketball Council Member Team's Win at Regionals............................................Pg. 4 Term Expires 2013 2. Seward Harbor Designated as a Clean Harbor....................Pg. 5 3. Parks and Recreation Sponsor Appreciation ......................Pg. 8 Marianna Keil 4. Certificate of Congratulations to Louis Bencardino for his recent Council Member recognition by the State of Alaska Legislature ...................Pg. 17 Term Expires 2012 B. Borough Assembly Report Ristine Casagranda C. City Manager's Report Council Member D. Mayor Report Term Expires 2012 E. Other Reports and Presentations 1. Cook Inlet Aquaculture Association Report by City Representative James Hunt Tim McDonald City Manager Johanna Kinney City Clerk Cheryl Brooking City Attorney City of Seward, Alaska Council Agenda March 12, 2012 Page 1 7. UNFINISHED BUSINESS A. Items Postponed from Previous Agenda / Resolutions Requiring a Public Hearing 1. Substitute Resolution 2012-001, Approving A Land Exchange Of A 0.56 Acre +/- Portion Of Lot 8A-1 For A 0.56 Acre +/- Portion Of Lot 6A-1, Fort Raymond Subdivision Replat No. 2, With The Kenai Peninsula Borough And Appropriating Funds. (Clerk's note: Resolution postponed from the January 9, 2012 council meeting, January 23, 2012, and the February 13, 2012 council meetings. Public Hearings were held on January 23, 2012 and February 13, 2012. The original motion to approve this resolution was made by Bardarson and seconded by Shafer. An additional public hearing has been requested for this substitute resolution. A motion to amend by substitution is recommended by administration.) ......... Pg. 19 B. Items Postponed from a Previous Agenda I. Substitute Resolution 2011-072, Authorizing The City Manager To Enter Into A Maintenance And Operating Agreement With Seward Ship's Drydock, Inc., Effective April 1, 2012. (Clerk's Note: This resolution was postponed from the September 26, 2011 Council Meeting. Original motion to approve this resolution was made by Shafer and seconded by Bardarson. A motion to amend by substitution is recommended by administration.) ......... Pg. 53 8. NEW BUSINESS A. Resolutions I. Resolution 2012-020, Approving An Engineering Contract With PND Engineers In The Amount Of $60,352.50 For A Vessel Wash -Down And Wastewater Recycling Facility At The Seward Marine Industrial Center................................................................Pg. 101 2. Resolution 2012-021, Authorizing The City Manager To Purchase A Replacement Vehicle In The Form Of A 2012 Ford Escape To Replace The 1992 Chevrolet Blazer In The AmountOf$22,085...................................................................................Pg. 120 B. Other New Business Items * 1. Approval Of The February 13, 2012 City Council Regular Meeting Minutes..Pg. 141 *2. Non -Objection to the Liquor License, Renewals for the Seward Alehouse, Three Bears, and the BPO Elks Lodge.....................................................................Pg. 152 3. Discussion of celebrating the centennial of Seward's Incorporation on June 1, 2012. 4. Discussion and direction on filing an objection to the liquor license renewal for Terry's Fish and Chips...............................................................................Pg. 163 9. INFORMATIONAL ITEMS AND REPORTS (No action required) a. Library/Museum Project Update.....................................................Pg. 168 10. COUNCIL COMMENTS City of Seward, Alaska Council Agenda March 12, 2012 Page 2 11. CITIZENS' COMMENTS [S minutes per individual - Each individual has one opportunity to speak] 12. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS 13. ADJOURNMENT City of Seward, Alaska Council Agenda March 12, 2012 Page 3 T OF C, 0, A TU i L, - TRI 0 THE SEWARD CITY COUNCIL HEREBY RECOGNIZES AND CONGRATULATES For Their Outstanding Accomplishment Placing 1 st In The 2012 Regional Basketball Tournament and fUIEG : �RRY For Being Named Most Valuable Player Of The Regional Tournament and COACH CURTM BERRY For Being Awarded Girl's Coach of the Year The City Council and City of Seward wish the team the best of luck at the State Basketball Tournament on March 1 5-1 7, 2012 in Anchorage. Go Seahawks! Dated this 12th of March, 2012 ------------------------ Mayor David Seward 9 t::� Seward Small Boat Harbor Introduction �he Seward Small Boat Harbor has 670 reserved stalls and 4,500 linear feet of transient moorage available. The harbor supports commercial, sport, and recreational fleets. The City owns and operates a 50-ton and a 250-ton Travelift for boat hauling. Potable water and electricity is available. Best Management Practices Highlights As of February 2012, the Seward Harbor implements 100% of the legally required Best Management Practices (BMPs) and 93% of the Alaska Clean Harbors BMPs. Below we have highlighted some practices employed at the Seward Harbor from each of the eight Alaska Clean Harbors BMP sections that help reduce pollution and protect the marine environment while providing boaters with a safe and productive marina for business and recreation. The Seward Harbor has shown dedication to improving water quality and improving pollution prevention services to their customers through these and other actions. The Alaska Clean Harbors Advisory Committee applauds them for these efforts and looks forward to continuing work with them and the boating fleets in Seward on continued pollution prevention efforts. Solid Waste Management • Recycling for metals and fishing line provided through local partnerships • Internally, the harbor office provides recycling for all applicable materials • Dumping fish waste is prohibited in the harbor; cleaning tables and gut barges are seasonally available and fish waste is ground and disposed. A lot of effort is put forth in managing fish waste at the Seward Harbor. Hazardous Waste Management • All hazardous material storage areas have at least 110% containment and all materials are labeled with records maintained. • Harbor officers are trained in Hazardous Waste Operations and Emergency Response • Storage and proper disposal is available and conveniently located for used batteries, used antifreeze, and zincs for all customers. • Internally, harbor staff look for biodegradable and environmentally friendly cleaning products. Petroleum Product Management • Used oil from the harbor is filtered, decanted, and recycled to heat four city shops. • The harbor maintains a Spill Prevention, Control and Countermeasure Plan that includes protocols and records for spill response. All staff are trained annually in spill response procedures. Spill response materials are located in 5 areas around the harbor. x M n • Oily bilge water is collected and separated for use as part of the Harbor's used oil program. Boat Cleaning & Hull Maintenance • Best management practices for boat maintenance are provided to " customers and are strictly enforced by harbor staff. Painting, sanding, -' and grinding are prohibited unless proper containment is provided. The harbor office has a 'Tents and Tarps 101' book for customers to reference to understand proper tenting and tarping to provide good containment for on -water activities.,,; y • Seward Harbor has received grant funding to build upland boat washing stations with drainage collection and filtration at the small boat harbor. , Sewage & Pumpout Facility Operation yy • The Seward Harbor is a No Discharge Zone — all treated and untreated human and pet waste is prohibited in the harbor basin and uplands, including from Type I and Type li marine sanitation devices • There are 5 sewage pumpout stations, including one that is heated and maintained during winter months. Tokens are available to customers to Pfix;; operate the pumpouts. There are 3 restrooms available 24 hours a day" in the summer, and the Harbor Office has showers and restrooms e a available throughout the year. Vessel Operation Management • The Seward Harbor works with the Alaska Sea Life Center to monitor for possible nuisance or invasive species. They have rat traps on hand and have procedures in case of detection. • Seward has worked hard in the past two years to remove derelict vessels, and has a monitoring and maintenance program in place for derelicts for safety and pollution prevention. Harbor Management • Best Management Practices are posted in signs and are included in all contracts with customers. • Seward Harbor is a proud supporter of Alaska Clean Harbors, and looks to future outreach partnerships to encourage clean boating and best management practices. Stormwater Management • As part of landscaping around the harbor uplands, the Seward Harbor is looking to enhance vegetated buffer zones and minimize impervious surface. • All storm drains are equipped with sediment traps, and local watershed groups have stenciled storm drains that lead directly to the Bay. 0 CERTIFICATE OF APPRECIATION WHEREAS, quality recreation, mental well-being and, ual WHEREAS, community recreation Vital; and e.. �1 �.rkwit►i our Mir ti t 4 ate; t i k I sts woney sponsoring teams, races, -s recreation supi and camps ur collective quality of life; and rent of business owners and managers, the my of their favorite, annual programs, and cly thank our community sponsors. Mayor{a,.ttie City of Seward, Alaska do PITON SPONSOR APPREClAT10N NIl HT G Agenda Statement Meeting Date: Monday, March 12, 2012 To: City Council Through: City Manager Jim Hunt From: Parks & Recreation Director Karin Sturdy Agenda Item: Sponsor and Volunteer Appreciation Night BACKGROUND & JUSTIFICATION: We appreciate this opportunity to sincerely thank our Seward Parks & Recreation Department (SPRD) sponsors and contributors. Our neighbors who are business owners, managers or just friendly people have teamed together with SPRD to help fund many of our town's favorite events. We thank our community leaders and partners, volunteer coaches, business sponsors, and the many, many volunteers. We congratulate them on a job well done, and request them to keep up the good work. Their gifts are highly valued. Please find within the attached reports the listing of sponsors who bring us regular programs such as Terry's Tires' Bike Rodeo, Elks' Breakfast with Santa, Glacier Family Medicine's Pumpkin Prowl and the up -coming Breeze Inn Avalanche Classic Basketball Tourney to name just a few of the ir• dozens of sponsored programs. To the sponsors who contribute to more than one event, we send our double thanks! We have printed certificates of appreciation for each sponsor and have invited them by e-mail to attend tonight's Council meeting. We have attempted to include every Program Sponsor. We regret any omissions and would appreciate the opportunity to recta the situation immediately. Please let us know. INTENT: The intent of this proclamation is to inform the community of the tremendous sponsorship and support to the varied parks and recreation programs. Sponsorship reduces the overall subsidy. Attachment: Listing of sponsors in alphabetical order Sponsors & Volunteers 2011 Business or Individual Contribution Made 4 Imprint ARPA A Flyin' Skein Coupon Book 2011 A&B Services Coupon Book 2011 AARA Donation of Racquetballs for DT Rball Tourney Abode Well Cabins Coupon Book 2011 AC Electric Bball Team ACOA UYBL Sponsor Adam's Street B&B Coupon Book 2011 Adelmann Family Pink Cheek Triathlon / Supply runs / food & supply donations / ARPA / etc Adventure 60 North ARPA / Rec Vball Team Advisors Marketing ARPA Akquired Tasted Coupon Book 2011 Alaska's Beads & Things Halloween Carnival / Coupon Book Alaska Cullinary Academy ARPA Alaska Livin' Coupon Book 2011 Alaska Railroad ARPA / Super Sat / Summer Splash / TYC Prize Alaska Railroad - Louie & Christy Halloween Carnival/Archery Alaska Rural Water Association ARPA Alaska Sealife Center Coupon Book 2011 / Softball & Vball Teams / Super Saturday Alaska Waste Super Saturday Cleanup Alaska Wildland Adventures Coupon Book 2011 / Super Sat AleHouse Comp Sball teams Alysse Zimmerman ARPA American Legion Easter Egg Hunt(s) /Community Bulletin Board / Super Sat Amencorp Halloween Carnival Amy & Matt Haddow Pink Cheeks Traffic Control Anita Schoening Camping chaperone/Pink Cks Traffic Control Apollo Restaurant Coupon Book 2011 / ARPA / Super Sat Arctic Paradise B&B and Stained Glass Coupon Book 2011 Ariel Seiverts Dance Chaperone Aspen Hotel Soldotna ARPA Aspen Suites Hotel Kenai ARPA Aurora Charters Diaper Derby Prizes 2011 Auto Tech Coupon Book 2011 AVTEC ARPA / Leagues / Halloween Carnival Bakery in the Harbor Coupon Book 2011 / ARPA Bardy Trail Rides Coupon Book 2011 Beach House Rentals Coupon Book 2011 Bear Creek Cabins / Candy Norman Coupon Book 2011 / AAP Bears Den B&B and Lodging ARPA / Coupon Book 2011 / UYBL / Bear Bell Run l C l Best Western Edgewater Coupon Book 2011 Binget Nilsson Pink Cheeks Pool Blake Pullins Pink Cheeks Traffic Control Body Abode Therapeutic Massage Coupon Book 2011 Box Canyon Cabins Community Bulletin board Boy Scouts Troop 568 Bike Rodeo & Halloween Carnival SP ARPA / Super Saturday Sponsor Brass Lantern B & B Coupon Book 2011 / ARPA / A -A -Park Breeze Inn Coupon Book 2011 / ARPA / Bball Trny / all tourney hotel Camai House B&B Coupon Book 2011 Catie Zweifel Soccer Coach Challenge Alaska ARPA Chattermark Coupon Book 2011 / ARPA Cheryl Seese Pink Cheeks Traffic Control Chinooks / Fam-Alaska Coupon Book 2011 / Halloween Carnival booth Chris Clemens Bball Team Chris Danzl Poker Trny Dealer Chris Fulwider Comp Vball Team - Ball Busters/Volunteer SB Umpire Chris & Sue Murphy Pink Cheeks Traffic Control Chris Polasek Youth Soccer Chris Werner Pink Cheeks Pool Chri"sto's Palace Coupon Book 2011 / Poker Tournament / Super Sat Chuck & Tasha DiMarzio Rock Wall Volunteers Chugach Back Country Fishing Coupon Book 2011 / Bball Team Chugachmiut, Inc Breakfast with Santa Tickets Cindy & Eric Clock Pink Cheeks Pool Cindy Ecklund Pink Cheeks Traffic Control City Express Coupon Book 2011 City of Seward Public Works Dept. Pink Cheeks / Bike Rodeo / Halloween Carnival Courtney Moore Pink Cheeks Pool Cover to Cover Books Coupon Book 2011 Crackerjack Sport Fishing Charters Coupon Book 2011 Craig & Naneth Ambrosiani UYBL Coach / Team parent Custom Creations Comp Sball Team Dan Barth Pink Cheeks Pool Darrin Trobau h Comp Vball Team - Lum suckers Dave and Dana Paperman UYBL Coaches David Kingsland Pink Cheeks Pool DeAnn Corbin Diaper Derby Judge Dennis & Pat Perry Halloween Carnival volunteer Dennis Moore UYBL Coach Dependable Janitor - Connie Alsup Halloween Carnival Discovery Gift Shop Coupon Book 2011 / ARPA Doreen Valadez Pink Cheeks Pool Dr. Michael P. Moriarty Coupon Book 2011 / Egg Hunt Drew Barlow Volunteer Softball Umpire Ed Hardwick Pink Cheeks Pool Emily Gustufson ARPA / Community Schools Eric Johnson Pink Cheeks Traffic Control / Pool Eric Olsen Volunteer Softball Umpire Erin Heim & Josh Milligam Pink Cheeks Pool Espresso Simpatico Coupon Book 2011 Essential 1 Shoreside Car Wash Coupon Book 2011 / Ell -Comp Vball ExerPlay ARPA Exit Glacier Lodge Coupon Book 2011 FN Chandalar; William & Amy Hankins Soccer League Farm Bed & Breakfast Coupon Book participant Field Turf ARPA FNBA Super Saturday / ARPA Fred Georges Pink Cheeks Pool GCI lipsync contest / coupon book participant / Sup Sat Gearbox Racquetball equip for Trny Glacier Family Clinic Pumpkin Prowl Godwin Glacier Dog Sled Tours Coupon Book 2011 Grace Williams UYBL Coach Grant Electronics Coupon Book 2011 Harbor Street Creamery ARPA Harmon Construction UYBL Sponsor Hauze Family A-A-P Heavenly Hair Coupon Book 2011 Helly Hansen Super Saturday / ARPA Holland America (Dot Bardarson) Green House Homer Community Schools / Mike Illg ARPA Hotel Seward Coupon Book 2011 Ididaride Sled Dog Tours Coupon Book 2011 Inn at Tern Lake Coupon Book 2011 Irvin Pottery Diaper Derby / Commuity Bulletin Board / Super Sat Issac London Dance Chaperone J & M Sales Community Bulletin Board J & R Fisheries UYBL Sponsor / Coach Jamie Fredrickson Soccer Coach/Sball ump/ARPA/RWall Jared Guthridge Volunteer Softball Umpire Jared Wallace Dance Chaperone/ camp trips Jeff Talley lRacquetball volunteer l l C LP Jennilee Regis Volunteer Softball Umpire/UYBL Coach Jeremy Lamb Pink Cheeks Pool Jill Simpson Pink Cheeks Pool Jim Spanos Poker Trny Dealer John and Dawn Osenga Rec Vball Team: Team Olds/ dance chaperones John Brown Youth Soccer Coach Judy Martin Pink Cheeks Pool Judy Merritt Not enough space to list the reasons. Just In Time Charters Poker Tournament Kari Atwood Diaper Derby Judge Kathy & John Vachowski Pink Cheeks Pool Katrina Blair Soccer Coach Kenai Fjords National Park Service Exit Glacier Race / Super Sat Kenai Fjords Tours & Gift Shop Coupon Book participant / Bulletin Adverts / Food donations / Comp Sball & \ Kim Kowalski -Rogers A -A -Park Knorr Systems, Inc ARPA Knot So Fast Feed Store ARPA / Coupon Book 2011 / UYBL / Bear Bell Run KorKat ARPA Kris Erchinger A -A -Park / Race volunteer Larry Kocur Volunteer Softball Umpire Laura Young Rock Wall Volunteer/ RW Hold Donations Lewis and Lewis ARPA Liberty Theater ARPA Lisa Musick Diaper Derby Judge Luke Rosier Rock Wall Volunteer Major Marine Tours Coupon Book 2011 / ARPA / Rec Softball Team Manny Valadez Volunteer Softball Umpire Maranda Nelson A -A -Park Marlyn Sutherland Pink Cheeks Traffic Control Mary Hostetter Pink Cheeks Pool Matt Brewi Archery volunteer Maureen & Steve Lemme Archery League / Pink Cheeks Food Booth Melissa Emmerson Soccer Coach Meritain ARPA Metco Rec Sball Team Mike Meeks event filming / computer donation Millers Landing Coupon book / ARPA Monica Cooper Pink Cheeks Pool Monica Luther Diaper Derby MC Moriarty Family Easter Egg Hunt / Coupon Book participant Ms Gene's Place Coupon Book 2011 / Rball Tournament Myla Liljemark Soccer Coach (ball teams / Exit Glacier Race / UYBL / St Natures Nectars Coupon Book 2011 Nick and Beulah's Place Coupon Book 2011 Nickole Lyon Soccer Coach Nicole Fulwider Webpage, etc Nome Parks & Rec ARPA Norm Regis Poker Tournament/ SB Umpire Clinic /Volunteer SB Umpire Northern Highlights Beauty Salon Coupon Book 2011 Northern Nights B&B Coupon Book 2011 Northwest Playground Equipment ARPA Ocean Front Inn Coupon Book 2011 Once in a Blue Moose I Coupon Book 2011 / ARPA One Shot Photography JARPA / B w/ Santa / Halloween Carnival / Coupon Book / Pink Cheeks Triath Orca Island Cabins Coupon Book 2011 Oriental Garden Coupon Book 2011 Pam Grunert ARPA Pam Parker Volunteer Softball Umpire Patti Beals Pink Cheeks Pool /Costume Judge / Finish Line Paul Caseman UYBL Coach Peggy Hamner Pink Cheeks Pool Peking Coupon Book 2011 / ARPA / Bulletin Adverts / Super Sat Petro Marine Services ARPA Polar Bear Association Pink Cheeks Triathlon / Bball Tourney / Family Masquerade / Super Saturday Progressive Chiropractic / Lidia Petersen Coupon Book 2011 / ARPA / Pink Cks Pool Providence Seward Medical & Care Center Coupon Book 2011 / ARPA Quality Marine ARPA Qutekcak Native Tribe Co-sponsor Christmas Break TYC Trip / ARPA / Halloween Carnival / Rec Softball & Vball Teams Rachel James Pink Cheeks Pool Railway Cantina Coupon Book 2011 Ray's Waterfront Coupon Book participant / A -A -Park / ARPA / Super Saturday Red's Coupon Book 2011 Resurrect Art Coffee House Coupon Book 2011 Resurrection Bay Baptist Church Comp Softball Team Resurrection Roadhouse Exit Glacier Race / Rec softball team REZ! Resurrection BodyWorks Coupon Book 2011 Ryan Anger Volunteer Softball Umpire Ryan Gardner Volunteer Softball Umpire Ryan Lewis Volunteer Softball Umpire Sacred Heart Parish Halloween Carnival / summer camp facility use on Safeway Food and supplies/ Diaper Derby / Easter Egg Hunt(s)/Pumpkin Prowl / Halloween Carnival Sailing, Inc Coupon Book 2011 / Rec Softball Team � c � Sandy Roche Bus trip organizer Sarah Spanos Youth Soccer / UYBL / Races/ Pink Cheeks / etc etc Scenic Mountain Air Coupon Book 2011 / Bulletin Adverts Seahawk Booster Club Halloween Carnival SeaView Community Services ARPA Sew n' Bee Cozy Coupon Book 2011 Seward Animal Clinic Coupon Book 2011 Seward Bike Shop Coupon Book 2011 / Bike Rodeo Seward Community Library / Museum Diaper Derby / Coupon Book 2011 / Halloween Carnival booth Seward Elementary facility use Seward Elks Lodge 1773 Youth Soccer Shoot / Community Bulletin Board / B w/ Santa / Easter Decor Seward Emblem Club Halloween Carnival Seward Fisheries: Adult Bball League Seward High School Bball & Vball Tournaments / Pink Cheeks Seward Iditarod Trailblazers Bike Path Bridge Repair Seward Middle School Community Schools Seward Music Arts Festival Halloween Carnival Seward Plumbing & Heating Coupon Book 2011 / UYBL / A -A -Park / Archery League Seward Police Association / SPD Bike Rodeo/Exit Glacier/Pink Cheeks Seward Resort juse of Facility for events /Easter Egg Hunt(s) / Pumpkin Prowl / Family Masqi Seward Senior Centers Center facility use Seward Volunteer Fire Department Dunk Tank/July 4th and Halloween Carnival Seward/Moose Pass Girl Scouts Halloween Carnival Sharon May Pollard A -A -Park; Exit Glacier Run Shirley Dieckgraeff Diaper Derby Judge Shoreside UYBL Sponsor / Bike Rodeo / Comp Softball Team SHS National Honor Society Halloween Carnival Siemiski Development Rec Softball Team: Bear Creek SiteLine ARPA Erik Slater Volunteer Softball umpire Softly Silk Coupon Book 2011 Sons of the American Legion Animals for BWS Sourdough Sue's Bear Lake Lodging Coupon Book 2011 Special Olympics Halloween Carnival Starbird Studio Coupon Book 2011 / ARPA / Super Sat Stellar Designs ARPA Stephanie & Megan Mullaly Pink Cheeks Pool Stephanie Lewis Pink Cheeks Pool Steven Poole Rock Wall Volunteer Poker Tournament Prizes / A -A -Park / TYC itions / Halloween Carnival ierade Ball / Pink Cheek volunteers IStylin Stitches ICoupon Book 2011 / UYBL / Diaper Derby / Rec Softball Team J Suds & Swirl lCommunity Bulletin Board Sunny Cove Sea Kayaking Coupon Book 2011 / ARPA / Bulletin Adverts Susan Ernst Pink Cheeks Pool Susanne Rieder Pink Cheeks Pool Suzi Towsley Dance Chapeone / Diaper Derby Judge Sweet Darlings/Brown & Hawkins ARPA T.R.A.I.L.S. Halloween Carnival / Community Schools / ARPA Tanya Sandefur Pink Cheeks Pool Tara Jones Pink Cheeks Traffic Control TelAlaska League teams / V-Ball Tournament / ARPA Terry's Tires Bike Rodeo / Coupon Book The Apex Gym LLC Coupon Book 2011 The Farm B&B Coupon Book 2011 The Ranting Raven Coupon Book 2011/ARPA The Salmon Bake Restaurant Coupon Book 2011 The Sea Bean Coupon Book 2011 The Y. South Health Association Co-sponsor Christmas Break TYC Trip Thorns Showcase ARPA Tim Shearer Pink Cheeks Pool TLC Bodyworks Coupon Book 2011 Todd Camm UYBL Coach / Pink Cheeks Pool Tony Lemme Archery volunteer Tony's Comp Softball & VBall teams TYC Councils events, etc Unalaska Parks, Culture & Rec ARPA Urbach's Coupon Book 2011 / UYBL / A-A-P US Coast Guard Auxiliary Coupon Book 2011 / ARPA US Forest Service - Seward Ranger District Exit Glacier Race / ARPA Valerie Cole Pink Cheeks Pool Van Gilder Coupon Book 2011 Victorian Serenity By The Sea Cabins of Distiniction Coupon Book 2011 Von & Christy Terry UYBL Coach & Team parent Wally Shumway Archery volunteer 124, Wells Fargo MVP Prizes for WF Bball Tourney / Super Sat numerous annonymous volunteers c c c LW; 0 410 4W I CERTIFICATE OF CONGRATULATIONS PRESENTED TO LOZ/IS 7 ffjA rr'1�0 ►t�S'7f For His Recent Recognition By The Alaska State Legislature For His Efforts To Make Seward And Alaska A Better Place To Live. Congratulations On This Great Achievement And Thank You For Your Dedication To Our Community! Dated this 12' day of March, 2012 1 CITY OF SEWARD, ALASKA David Seaward, Mayor 1 s * HONORING * * LOUIS "LOUIE" BENCARDINO * The members of the Twenty-seventh Alaska State Legislature honor the dedication and commitment to public service by longtime Seward resident Louis Bencardino. Louie served with police departments in Fairbanks, Nome, Palmer and the Marshall Islands. The community of Seward was fortunate to have him as their Chief of Police for 20 years. He was affectionately known as "Papa Lou" to those who came to him seeking guidance and help. He and his officers provided a steady, reliable and fair approach to the difficult job of policing and protecting society. Louie was proud to have received a certificate of completion from the Federal Bureau of Investigation National Academy in Quantico, Virginia, which is internationally recognized as a premier course of instruction for law enforcement administrators and chief executives. For the past 10 years, Louie has been the Alaska Railroad Seward Dock and Real Estate Manager, overseeing daily operations of the railroad's passenger/cruise ship dock and freight dock, and is the community's go -to person for local railroad real estate issues. He is a mover and a shaker, and has done much to develop Seward over the years, including implementation of the Marine Industrial Center and road to Fourth of July Creek. Louie has served as Seward's mayor, and was named as the 2010 Person of the Year by the Seward Chamber of Commerce for a remarkable record of community and civic involvement since moving to Seward in 1975. He remains a champion of the elderly and the young through involvement in several other community organizations. Louis is also an active member of the Statewide Board for Alaska's Institute of Technology, the American Legion, the Pioneer Club and the Seward Elks Lodge. His tireless energy and devotion to his community keep him busy from the time his feet hit the floor in the morning until his head hits the pillow at night. Louie has been married to Diane Carlson since 1995; he is the father of four children and many times a grandfather. He doesn't go home in the evening without visiting his mother, Julia, a resident of the Seward Mountain Haven Retirement Home. The members of the Twenty-seventh Alaska State Legislature extend their best wishes to Louis Bencardino and thank him for his outstanding efforts to make his community and state a better place to live. r 1911KE CHENAULT GA STEVENS SPEAKER OF THE HOUSE PR [DENT OF T F, SENATE REP. PAUL SEATI PRIME SPONSOR Date: February 22, 2012 Cosponsors: Senators Coghi]l, Davis, Dyson. Egan. Ellis. Giessel. Hoffman. Huggins, Kookesh. McGuire. Menard. Meyer, Olson, Paskvan. Stedman. Thomas, Wagoner, Wielechowski; Representatives Chenault, Cissna, Costello, Dick, Doogan, Edgnwn, Faitclough. Feige. Poster, Gars. Gardner, Gatto. Gutenberg, Guttenberg. Hawker. Herron, Holmes. Johansen. Johnson. Joule, Kawasaki. Keller, Kemula. Lynn, Miller, Milleti, Munoz, Neuman, Olson. Petersen. Pruitt, Saddler, Stoltze. Thomas, Thompson, Tuck, P. Wilson, T. Wilson o of- a a s a� < o YF a \? Sponsored by: Hunt CITY OF SEWARD, ALASKA SUBSTITUTE RESOLUTION 2012- 001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING A LAND EXCHANGE A 0.56 ACRE +/- PORTION OF LOT 8A-1FOR AN 0.56 ACRE +/- PORTION OF LOT 6A-1, FORT RAYMOND SUBDIVISION REPLAT NO. 2, WITH THE KENAI PENINSULA BOROUGH AND APPROPRIATING FUNDS WHEREAS, the City of Seward has been granted funds by the state to upgrade the generation facility at Fort Raymond Substation; and WHEREAS, this project would result in improved pedestrian access between the Seward Elementary School and Seward High School; and WHEREAS, per city code the use of land will go to the planning and zoning commission; and WHEREAS, the project would be facilitated by redrawing common property boundaries of certain city and borough owned land; and WHEREAS, the exchanged lands are of approximately equal area and are found by the Kenai Peninsula Borough assessor to be of equal value; and WHEREAS, finding the lands to be of equal value, public interest is served by waiving the requirement of Seward City Code for an independent appraisal; and WHEREAS, the land exchange has been passed and approved by unanimous vote of the Kenai Peninsula Borough as Ordinance 2011-42; and WHEREAS, Pursuant to SCC 7.05.120, "The City Council may acquire or dispose of an interest in real property by negotiation, public auction, or sealed bid." NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The recitals above are incorporated herein by reference. The Council finds that exchanging a 0.56 acre +/- portion of Lot 8A-lof parcel number 14502621for an 0.56 acre +/- portion of Lot 6A-1, Fort Raymond Subdivision Replat No.2 with the Kenai Peninsula Borough is in the best interest of the City. Section 2. The City of Seward Electrical department will be responsible for all surveying and platting costs associated with the property involved in the exchange. �C� CITY OF SEWARD, ALASKA SUBSTITUTE RESOLUTION 2012-001 Section 3. The City Manager is authorized to negotiate the exchange and execute an agreement in substantially the form presented at this meeting. Section 4. Upon completion of the platting process, the City Manager is authorized to execute and record a quitclaim deed and is authorized to execute any and all additional documents necessary to effectuate the transfer of lands described in this resolution. Section 5. This resolution shall take affect 30 days following adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 121h day of March, 2012. THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney City Clerk (City Seal) M 9 Agenda Statement Meeting Date: March 12th, 2012 To: City Council Through: City Manager Jim Hunt From: John Foutz, Electric Utility Manager Agenda Item: Land Exchange BACKGROUND & JUSTIFICATION: The City of Seward Electric Department is the recipient of a state grant as part of Alaska Railbelt Cooperative Transmission and Energy Company (ARCTEC). The grant is for $4,000,000 and includes infrastructure to complete the upgrade. The chosen location for the warehouse is north of the new generator building, off of Sea Lion Avenue and across the street from the Seward Elementary School.(Please refer to attached AutoCad drawing) This location was chosen to give the electric department the ability to bring together personnel, materials and equipment close to the backup generation facility. In order to complete this project the City must acquire land located to the west along Sea Lion Avenue currently owned by the Kenai Peninsula Borough. The land the electric department requires is approximately 0.56 acres and a similar apportionment was chosen to make the property swap equitable to both the City and the Borough. Once the exchange is complete the City 1164r will make the following improvements; First, reroute the bike/pedestrian path to better match the flow of children between the Seward Elementary School and Seward High School, Second: reroute the existing drainage overflow ditch for the City's well field, and Third, bury an underground power line to the City's well pumps in a direct route. The city's wells and pumps are critical infrastructure and require a new electric conductor before failure. INTENT: To exchange the specified pieces of land with the approximate equal acreage with the borough to allow the City of Seward's electrical department to move forward with completion. CONSISTENCY CHECKLIST: Yes No N/A F1. Comprehensive Plan: 1.3, 3.7.3.1 and 3.7.3.2 X 2. Strategic Plan (document source here): Pages 3,10,17and 18 X 3. Other (list): X FISCAL NOTE: The electrical department will be responsible surveying and platting costs from account no 501- 5110-5910. Approved by Finance Department: ' ATTORNEY REVIEW: Yes f No RECOMMENDATION: Council approve resolution 2012-001 permitting the exchange of land between the City of Seward and Kenai Peninsula Borough. R M s j i; iV jr f g2 1; � ��� Imo,..• �•pX f r� r r, M s l A. V ties?Ei•j - } �. I �� � � tl '0�'; t j� '6T+!L:.i�.31•.. +. r Or 41 low S r r r YY I } 4 '+ s r Y Introduced by: Date: Hearing: Action: Date: Action: Vote: KENAI PENINSULA BOROUGH ORDINANCE 2011-42 Mayor 12/06/11 01/03/12 Postponed Until 02/14/12 02/14/12 Enacted as Amended 8 Yes, 0 No, 1 Absent r AN ORDINANCE AUTHORIZING A LAND EXCHANGE WITH THE CITY OF SEWARD IN SUPPORT OF THE CITY'S PUBLIC UTILITY SERVICES WHEREAS, the City of Seward has developed plans for an office warehouse, electrical extension and site drainage in support of its public utility services; and WHEREAS, the project design would be facilitated by redrawing common property boundaries of certain city and borough owned land; and WHEREAS, the borough land is part of the Seward school campus which includes the Seward Elementary, Seward Middle and Seward High schools; and WHEREAS, this project would result in improved pedestrian access between the Seward Elementary and Seward High schools; and WHEREAS, the exchanged lands are of approximately equal area and are considered to be of approximately equal value; and WHEREAS, the completion of this land exchange is subject to survey and plat; and WHEREAS, the KPB Planning Commission at its regularly scheduled meeting of February 13, 2012, recommended enactment by unanimous consent; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: SECTION 1. That the Assembly finds that exchanging a 0.56-acre +/- portion of Lot 8A-1 for an 0.56-acre +/- portion of Lot 6A-1, Fort Raymond Subdivision Replat No. 2, with the City of Seward pursuant to KPB 17.10.100 (C) & (D) is in the best interest of the borough. SECTION 2. That the best interest of the borough finding is based on the following facts: a) That the property being exchanged is of equal size and value. Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] Ordinance 201 1-42 Page 1 of 2 ay 15 19 15 b) That the city's project facilitated by this exchange includes trails and sidewalk improvements that would benefit the Seward school campus. c) That the exchange has been negotiated fairly and is mutually beneficial for the residents of the Kenai Peninsula Borough and the City of Seward. SECTION 3. That the City of Seward shall be responsible for all surveying and platting costs associated with this exchange. SECTION 4. That the mayor is authorized to execute the exchange agreement substantially in the form of the one accompanying this ordinance and any and all additional documents necessary to effectuate this ordinance. SECTION 5. That this ordinance shall take effect immediately upon its enactment. ENACTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 14TH DAY OF FEBRUARY, 2012. ATTEST: A '.• Johni Blankenship, Borough xce-4� Gary Knopp, ssembly President X�S U L.4 X w Yes: Haggerty, Johnson, McClure, Pierce, Smalley, Smith, Tauriainen, Knopp No: None Absent: Murphy ordinance 2011-42 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska Page 2 of 2 15 b KENAI PENINSULA BOROUGH Assessing Department a 144 North Binkley Street • Soldotna, Alaska 99669-7520 N0r01111" Toll -free within the Borough: 1-800-478-4441, Ext. 2230 PHONE: (907) 714-2230 . FAX: (907) 714-2393 www.borouah.kenai.ak.us MIKE NAVARRE BOROUGH MAYOR To. Keith Snarey, Through: Tom Anderson, From: Paul Knight, Date: February 6, 2012 MEMORANDOM Land Management Agent Director of Assessing 74q`Nr_ Lead Appraiser�V— Subject: Appraisal for a portion of Parcels 145-026-21 and 145-026 21 The appraisal problem is to estimate the value of .56 acres from each of the aforementioned parcels. There is limited data for institutional land sales. However, the Borough did purchase.a 12 acre tract adjacent to these subject parcels in 2004. Using that sale as a basis, and adjusting for the size difference, I am estimating the value of each .56 acre tract at $36,000 *404 &MIGHTWemosTlanning Parcels 145-026-20 & 21.doex KENAI PENINSULA BOROUGH b Planning Department • Land Management Division 144 North Binkley Street • Soldotna, Alaska 99669-7520 PHONE: (907) 714-2200 • FAX (907) 714-2378 Toll -free within the Borough: 1-800-478-4441, Ext. 2200 www.borouah. kenai.ak.us DAVE CAREY BOROUGH MAYOR MEMORANDUM TO: Tom Anderson, Assessing Director THRU: rbMax Best, Planning Director Marcus A Mueller, Land Management Officer FROM: Keith Snarey, Land Management Agent 1<5 DATE: February 2, 2012 SUBJECT: Appraisal for a portion of Parcel No. 145-026-20 and 145-026-21 proposed for exchange with the City of Seward The Kenai Peninsula Borough is considering an exchange of lands with the City of Seward as proposed under Ordinance 2011-42 and shown on the attached maps. The parcels would be created by plat, adjusting existing lot lines, and reattaching to larger parcels owned by the borough and city respectively. Each parcel is approximately 0.56 acres in size. Parcel 145-026-20 is partially encumbered by a wellhead protection easement as shown on the attached plat map. Land Management respectfully requests an estimate of fair market value for each parcel proposed for exchange. Attachment ji amina 11 11 Dike 1'at.la 2832 sqft CamN 3' well . ciis.cllarke.: —202' Alternate Route Proposed reroute pending ROW 4!) Ear A ------------------------ ence • Main Office (907) 224-4050 CITY OF SEWARD • Police (907) 224-3338 • Harbor (907) 224-3138 PU. BOX lb% • Fire (907) 224-3445 SWARD. ALASKA 99664-0167 • City Clerk (907) 224.4046 • Engineering (907) 224-4049 • Utilities (907) 224-4050 • Fax (907) 224-4038 September 7, 2011 To: Kenai Peninsula Borough, Land Management Division This letter is a land exchange proposal for the Kenai Peninsula Borough (KPB) to consider exchanging land with the City of Seward (COS) bordering Seward's Fort Raymond electric substation. The land exchange would involve portion of KPB tax parcel ID # 14502620 and # 14502621. Four maps have been included for reference. The Autocad drawing shows the pieces of land initially proposed in the swap. The wide green line indicates the initially proposed sections; the borough would acquire the portion shown as 23,953 sqft and the City would acquire the section indicating 24,193 sgft. This land Exchange would benefit both KPB and COS. The benefits to KPB include additional land options close to all the major schools in the Seward area and COS' willingness to construct additional sidewalk on Sea Lion Avenue to accommodate the foot traffic between the elementary school and the high school. With the expected reroute of the bike path within city boundaries, the additional sidewalk will increase the safety of students, bikers and pedestrians, while creating a more direct route for the elementary students walking to the high school. This exchange could also be accomplished by the following alternatives: 1) The borough can consider an exchange of land as yet undetermined. 2) COS purchase the land from KPB based on a fair market value appraisal. With this land exchange, any survey and replatting costs would be split by the two entities. The City of Seward thanks you for considering this request. Please contact me at 907-224-4071 or by email at ifoutzna cityofseward.net for further information or questions. Very Respectfully, John Foutz Electric Utility Manager "aC:I\ LIVID #11-40 EXCHANGE AGREEMENT WHEREAS, the Kenai Peninsula Borough and the City of Seward are owners of certain real property that the City of Seward wishes to exchange; and WHEREAS, the objectives are to construct an office/warehouse building that would become a barrier between the elementary school and a backup generation facility as well as additional sidewalk on Sea Lion Avenue to accommodate foot traffic between schools; and WHEREAS, the parties have designed the exchange to include lands of approximate equal area and value; NOW, THEREFORE, this Agreement is made on this of , 2012, by and between the KENAI PENINSULA BOROUGH, an Alaska municipal corporation, whose address is 144 North Binkley Street, Soldotna, Alaska 99669 (hereinafter referred to as "KPB"), pursuant to KPB Ordinance 2011- enacted , 2012, and the City of Seward, an Alaska municipal corporation, whose address is P.O. BOX 167 Seward, AK 99664-0167 (hereinafter referred to as "CITY OF SEWARD"), 1. KPB PARCEL Subject to other applicable provisions of this Agreement, for good and valuable consideration, the KPB will convey all interest it has in the following described parcel of land ("KPB Property") to CITY OF SEWARD. The KPB makes no warranties, express or implied, nor assumes any liability whatsoever, regarding the social, economic, or environmental aspects of the KPB Property, including, without limitation, the soil conditions, water drainage, access, natural or artificial hazards that may exist, or the merchantability, profitability or fitness of the KPB Property for any particular purpose. CITY OF SEWARD shall have 30 days from the date of this agreement in which to inspect title to KPB Property and associated title records. If CITY OF SEWARD determine said title to be unacceptable, CITY OF SEWARD may cancel this agreement without penalty by written notice. If no such notice is given, it shall be deemed that CITY OF SEWARD accept title to KPB Property after having had a full opportunity to inspect the KPB Property and associated title records, and have determined them suitable for the purposes addressed by this Agreement. Property Description A 0.56 Acre +/- portion of Lot 8A-1 Fort Raymond Subdivision Replat No. 2 according to plat no. 2002-18 Seward Recording District, as shown on attached Exhibit A; subject to modification upon field survey and final platting action. KPB/CITY OF SEWARD — EXCHANGE AGREEMENT 30 Kenai Peninsula Borough, Alaska Page 1 of 6 n In 2. CITY OF SEWARD PARCEL Subject to other applicable provisions of this Agreement, for good and valuable consideration, the CITY OF SEWARD will convey all interest it has in the following described parcel of land ("CITY OF SEWARD Property") to KPB. The CITY OF SEWARD makes no warranties, express or implied, nor assumes any liability whatsoever, regarding the social, economic, or environmental aspects of the CITY OF SEWARD Property, including, without limitation, the soil conditions, water drainage, access, natural or artificial hazards that may exist, or the merchantability, profitability or fitness of the CITY OF SEWARD Property for any particular purpose. KPB shall have 30 days from the date of this agreement in which to inspect title to CITY OF SEWARD Property and associated title records. If KPB determine said title to be unacceptable, KPB may cancel this agreement without penalty by written notice. If no such notice is given, it shall be deemed that KPB accept title to CITY OF SEWARD Property after having had a full opportunity to inspect the CITY OF SEWARD Property and associated title records, and have determined them suitable for the purposes addressed by this Agreement. Property Description A 0.56 Acre +/- portion of Lot 6A-1 Fort Raymond Subdivision Replat No. 2 according to plat no. 2002-18 Seward Recording District, as shown on attached Exhibit A; subject to modification upon field survey and final platting action. 3. CONSIDERATION KPB and CITY OF SEWARD agree that the property subject to this exchange is of similar value, and each party is benefitted by this exchange for their respective purposes, and therefore the land received by each party is the full consideration for the land conveyed under this agreement. 4. TITLE A. KPB PROPERTY Title shall be delivered to CITY OF SEWARD at time of closing by quitclaim deed. KPB conveys only its interest in the property, if any, without warranty of any kind or nature whatsoever. Title shall also be subject to reservations, easements, rights -of -way, covenants, conditions and restrictions of record. B. CITY OF SEWARD PROPERTY Title shall be delivered to KPB at time of closing by quitclaim deed. CITY OF SEWARD conveys only its interest in the property, if any, without warranty of any kind or nature whatsoever. Title shall also be subject to reservations, easements, rights -of -way, covenants, conditions and restrictions of record. Kenai Peninsula Borough, Alaska KPB/CITY OF SEWARD — EXCHANGE AGREEMENT Page 2 of 6 3N S. ESCROW AND CLOSING COSTS in Unless agreed otherwise, KPB and CITY OF SEWARD will be responsible for their respective costs under this Agreement. CITY OF SEWARD will be responsible for surveying and platting costs associated with this exchange. Settlement for costs shall occur no later than the date of closing. Property taxes shall be fully paid for each property by its current owner prior to closing. 6. CLOSING Unless otherwise agreed in writing, closing will occur within 90 days of plat recordation. KPB and CITY OF SEWARD will execute all documents required to complete the Agreement including signing required plat documents and, if applicable, establish an escrow account. 7. POSSESSION Possession shall be delivered at time of recording. 8. BREACH REMEDY R Prior to closing of the sale, in the event that KPB or CITY OF SEWARD fail to make any payment required, or fail to submit or execute any and all documents and papers necessary for closing and transfer of title within the time period specified in this agreement, the other party may terminate this agreement. 9. MUTUAL DEFENSE AND INDEMNIFICATION To the extent allowed by law and subject to appropriation, each party shall indemnify, defend, save and hold the other party, their elected and appointed officers, agents and employees, harmless from any and all claims, demands, suits, or liability of any nature, kind or character including costs, expenses, and attorney's fees resulting from their own performance or failure to perform in accord with the terms of this Agreement in any way whatsoever. This defense and indemnification responsibility includes claims alleging acts or omissions by the other party or their agents which are said to have contributed to the losses, failure, violations, or damage. However, neither party shall be responsible for any damages or claim arising from the sole negligence or willful misconduct of the other party, their agents, or employees. M Kenai Peninsula Borough, Alaska KPB/CITY OF SEWARD — EXCHANGE AGREEMENT Page 3 of 6 1 10. HAZARDOUS MATERIAL Both parties covenant and agree that no hazardous substances or wastes shall be located on or stored on either property prior to closing. 11. ASSIGNMENTS This agreement may not be assigned. 12. MISCELLANEOUS A. Entire Agreement. This Agreement and the documents referred to herein contain the entire agreement of the parties with respect to the subject matter hereof. Any changes additions or deletions hereto must be made in writing and signed by both parties. Provisions of this agreement, unless inapplicable on their face, shall be covenants constituting terms and conditions of the exchange, and shall continue in full force and effect and will survive closing. B. Residential Real Property Transfers Act. The parties mutually agree that this transfer will not be covered by the Residential Real Property Transfers Act, AS 34.70.010 et seq. %a„ C. Development. Both parties agree to comply with all federal, state, borough and city regulations regarding use and development of the property, which includes but is not limited to State of Alaska, Department of Environmental Conservation regulations regarding water and sewer installation, and, if applicable, regulations of the U.S. Army Corps of Engineers regarding filling or draining any area within the property designated as wetlands by the appropriate authority. D. Time. Time is of the essence in performance of this Agreement. E. Cancellation. This agreement, while in good standing, may be canceled in whole or in part, at any time, upon mutual written agreement. This exchange agreement is subject to cancellation in whole or in part if improperly issued through error in procedure or with respect to material facts. F. Entry or Re-entry. In the event that this agreement is terminated, canceled or forfeited, the owner or its agents, servants or representatives, may immediately or any time thereafter, enter or re-enter and resume possession of said lands or such part thereof, and remove all persons and property therefrom either by summary proceedings or by a suitable action or proceeding at law or equity without being liable for any damages therefor. G. Fire Protection. Both parties shall take all reasonable precautions to prevent, and take all reasonable actions to suppress destructive and uncontrolled grass, brush, and forest fires on the land under agreement, and comply with all laws, regulations and rules promulgated and enforced by the protection agency responsible for forest protection within the area wherein the demised premises are located. Kenai Peninsula Borough, Alaska KPB/CITY OF SEWARD — EXCHANGE AGREEMENT Page 4 of 6 �� H. Notice. Any notice or demand, which under the terms of this agreement or under any statute must be given or made by the parties thereto, shall be in writing, and be given or made by registered or certified mail, addressed to the other party at the address shown on the contract. However, either party may designate in writing such other address to which such notice of demand shall thereafter be so given, made or mailed. A notice given hereunder shall be deemed received when deposited in a U.S. general or branch post office by the addressor. I. Responsibility of Location. It shall be the responsibility of each party to properly locate improvements on the subject parcels. J. Construction. This Agreement shall be deemed to have been jointly drafted by both parties. It shall be constructed according to the fair intent of the language as a whole, not for or against any party. The interpretation and enforcement of this Agreement shall be governed by the laws of the State of Alaska. The titles of sections in this Agreement are not to be construed as limitations of definitions but are for identification purposes only. This Agreement has been executed by the parties on the day and year first above written. KENAI PENINSULA BOROUGH Mike Navarre, Mayor ATTEST: Johni Blankenship Borough Clerk KPB/CITY OF SEWARD — EXCHANGE AGREEMENT CITY OF SEWARD James Hunt, City Manager ATTEST: Johanna Kinney City Clerk Kenai Peninsula Borough, Alaska Page 5 of 6 n In APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Holly B. Montague Deputy Borough Attorney NOTARY ACKNOWLEDGMENT STATE OF ALASKA )ss. THIRD JUDICIAL DISTRICT The foregoing instrument was acknowledged before me this day of 2012, by Mike Navarre, Mayor of the Kenai Peninsula Borough, an Alaska municipal corporation, for and on behalf of the corporation. Notary Public in and for Alaska My commission expires: NOTARY ACKNOWLEDGMENT STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this day of 2012, by James Hunt, City Manager of the CITY OF SEWARD, an Alaska municipal corporation, for and on behalf of the corporation. KPB/CITY OF SEWARD — EXCHANGE AGREEMENT -2i�- Notary Public in and for Alaska My commission expires: Kenai Peninsula Borough, Alaska Page 6 of 6 (210 ht*o- Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2012-001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING A LAND EXCHANGE A 0.56 ACRE +/- PORTION OF LOT 8A-1 FOR AN 0.56 ACRE +/- PORTION OF LOT 6A-1, FORT RAYMOND SUBDIVISION REPLAT NO. 2, WITH THE KENAI PENINSULA BOROUGH AND APPROPRIATING FUNDS WHEREAS, the City of Seward has been granted funds by the state to build a new office/warehouse at the Fort Raymond Substation site as part of the substation upgrade; and WHEREAS, the City of Seward has developed plans for the office/warehouse, site drainage, electrical extension and pedestrian path; and WHEREAS, the project design would be facilitated by redrawing common property boundaries of certain city and borough owned land; and WHEREAS, this project would result in improved pedestrian access between the Seward Elementary School and Seward High School; and WHEREAS, all future plans and modifications after the land is acquired must go to the Planning and Zoning Commission per city code; and WHEREAS, the exchanged lands are of approximately equal area and are considered to be of approximately equal value; and WHEREAS, Under city code Title 7.05.120 which states, "The City Council may acquire or dispose of an interest in real property by negotiation, public auction, or sealed bid." NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section I. That the Council finds that exchanging a 0.56 acre +/- portion of Lot 8A-lof parcel number 14502621for an 0.56 acre +/- portion of Lot 6A-1, Fort Raymond Subdivision Replat No.2 with the Kenai Peninsula Borough is in the best interest of the City. Section 2. That the City of Seward Electrical department will be responsible for all surveying and platting costs associated with the property involved in the exchange. Section 3. That the City Manager is authorized to negotiate the exchange and execute the agreement substantially in the form of the one accompanying this resolution and any and all additional documents necessary to effectuate this resolution. 1 t_ oaIeiNnLM. CITY OF SEWARD, ALASKA RESOLUTION 2012-001 Section 4. This resolution shall take affect 30 days upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 9`' day of January, 2012. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney City Clerk (City Seal) :�I THE CITY OF SEWARD, ALASKA David Seaward, Mayor DI�ICaIIU�L Council Agenda Statement � Meeting Date: January 9th, 2012 To: James Hunt, City Mana From: John Foutz, Electric Utility Manager Agenda Item: Land Exchange BACKGROUND & JUSTIFICATION: The City of Seward Electric Department is the recipient of a state grant as part of Alaska Railbelt Cooperative Transmission and Energy Company (ARCTEC). The grant is for $4,000,000 and includes a new office/warehouse. The chosen location for the office/warehouse is north of the new generator building, off of Sea Lion Avenue and across the street from the Seward Elementary School.(Please refer to attached AutoCad drawing) This location was chosen to give the electric department the ability to bring together personnel, materials and equipment close the backup generation facility as well as add a visually pleasing and sound suppressing barrier from the road and elementary school. To construct the new building at the most logical location the City must acquire land located to the west along Sea Lion Avenue currently owned by the Kenai Peninsula Borough. The land the electric department requires is approximately 0.56 acres and a similar apportionment was chosen to make the property swap beneficial to both the City and the Borough. Once the exchange is complete the City will also have the opportunity to do the three following beneficial steps; First, reroute the bike/pedestrian path to better match the flow of children between the Seward Elementary School and Seward High School, Second: reroute the existing drainage overflow ditch for the City's well field, and Third, bury an underground power line to the City's well pumps in a direct route. INTENT: To exchange the specified pieces of land with the approximate equal acreage with the borough to allow the City of Seward's electrical department to move forward with plans for an office/warehouse. 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 or Other Plans or Policies: FISCAL NOTE: The electrical department will be responsible surveying and platting costs from account no 501-5110-5910. Approved by Finance Department: ATTORNEY REVIEW: Yes No RECOMMENDATION: Council approve resolution 201204ermitting the exchange of land between the City of Seward and Kenai Peninsula Borough. 2V U F161MAL CITY OF SEWARD PO. BOX 167 SEWARD. ALASKA 99664.0167 September 7, 2011 To: Kenai Peninsula Borough, Land Management Division • Main Office (907) 224.4050 • Pollce (907) 224.3338 • Harbor (907) 224-3138 • Fire (907) 224.3445 • City Clerk (907) 224.4046 • Engineering (907) 224.4049 • Utffitfes (907) 224.4050 • Fax (907) 224.4038 This letter is a land exchange proposal for the Kenai Peninsula Borough (KPB) to consider exchanging land with the City of Seward (COS) bordering Seward's Fort Raymond electric substation. The land exchange would involve portion of KPB tax parcel ID # 14502620 and # 14502621. Four maps have been included for reference. The Autocad drawing shows the pieces of land initially proposed in the swap. The wide green line indicates the initially proposed sections; the borough would acquire the portion shown as 23,953 sqft and the City would acquire the section indicating 24,193 sqft. This land Exchange would benefit both KPB and COS. The benefits to KPB include additional land I�A„+ options close to all the major schools in the Seward area and COS' willingness to construct additional sidewalk on Sea Lion Avenue to accommodate the foot traffic between the elementary school and the high school. With the expected reroute of the bike path within city boundaries, the additional sidewalk will increase the safety of students, bikers and pedestrians, while creating a more direct route for the elementary students walking to the high school. This exchange could also be accomplished by the following alternatives: 1) The borough can consider an exchange of land as yet undetermined. 2) COS purchase the land from KPB based on a fair market value appraisal. With this land exchange, any survey and replatting costs would be split by the two entities. The City of Seward thanks you for considering this request. Please contact me at 907-224-4071 or by email at ifoutzCcDc1tyofseward,net for further information or questions. Very Respectfully, John Foutz Electric Utility Manager `l0l 0916lkAL. Kenai Peninsula Borough Property Report - 14502620 Wed Sep 7 2011 03:13:00 PM PMSHjgr�,__l- � SK513�L��' ` ���,'',(^\ .� J� � z; ; � \\ � li+• �\� I\+.,`\ M%IaGA•AYF. NEIt'OCK'AYF _ — W'6wouc .A1'Ef�0�1,'lr�VE-� 1 � > i Parcel Number Address: Owner: Tax Area: Usage Code: Acreage: Land Value: Improvement Value: Assessed Value: Taxable Value: Legal Description: 14502620 605 SEA LION AVE SEWARD CITY OF PO BOX 167 SEWARD, AK 99664 40 - SEWARD CITY 100 Residential Vacant 10.70 Number of Structures: 1 Structure # Year Sufft DISCLAIMER: The data displayed herein is neither a legally recorded map nor survey and should only be used for general reference purposes. Kenai Peninsula Borough $1,220,000 assumes no haviorly as to ine accuracy or any data displayed herein. Original source documents should be $0 consulted for accuracy verification. $1,220,000 $0 T 1 N R 1 W SEC 34 SEWARD MERIDIAN SW 2002018 FORT RAYMOND SUB REPLAT NO 2 LOT 6A-1 Square Ft Structure Type i V FE Parcel Number: Address: Owner: Tax Area: Usage Code: Acreage: Land Value: Improvement Value: Assessed Value: Taxable Value: Legal Description: OrIONJAL Kenai Peninsula Borough Property Report-14502621 14502621 600 SEA LION AVE KENAI PENINSULA BOROUGH 144 N BINKLEY ST SOLDOTNA, AK 99669 40 - SEWARD CITY 820 Institutional School 17.64 Wed Sep 7 2011 04:29:56 PM DISCLAIMER: The data displayed herein is neither a legally recorded map nor survey and should only be used for general reference purposes. Kenai Peninsula Borough $1,634,500 assumes no liability as to the accuracy of any data displayed harein. Original source documents should be $13,002,000 consulted for accuracy verification. $14,636,500 $0 T 1 N R 1 W SEC 34 SEWARD MERIDIAN SW 2002018 FORT RAYMOND SUB REPLAT NO 2 LOT 8A-1 Number of Structures: 2 Structure # Year Built Square Ft Structure Type C01 1990 52,199 SCHOOL R01 1990 52,199 SCHOOL LAI m imW!r' V,9 L a IC sill' -�Qft S:rl= OW a-zi dooi oo aaninj ---- -- - - __ _ .. t 1t ----_--_. _ _ _------ -__ -- - - - - - ------------------- � � t WE, aanlnj, Ile t� j anion 4 l \f�! Bike Path }� c `y F .✓ "a � N (— y xr.t ..Pending ROW Proposed outer' s . : } i I / ------------------ - - 9 F-e s / eW - •ence -- b lei C, I N #(U Exhibit A KPB/Seward Land Exchange N 0 25 50 100 150 200 KRS 11/17/11 Feet [0*0 5 `! prh 't 'ry y� Sq�' r�i Mid" I rSchQ`of '. P(operty KPR. y City of Seward Property City .of S . rd" 41 `Eleatricat Gen:Wr�t &Nad it '--Seward High ,8060i t - OHM � y , JitI {R �� , e. . {; .r _ ... `1-�i .. %e • 1 . 1 _ ,''t` . �E •. t!. I . � 1 t"L� Dizi le, t m kL in LIVID #11-40 EXCHANGE AGREEMENT WHEREAS, the Kenai Peninsula Borough and the City of Seward are owners of certain real property that the City of Seward wishes to exchange; and WHEREAS, the objectives are to construct an office/warehouse building that would become a barrier between the elementary school and a backup generation facility as well as additional sidewalk on Sea Lion Avenue to accommodate foot traffic between schools; and WHEREAS, the parties have designed the exchange to include lands of approximate equal area and value; NOW, THEREFORE, this Agreement is made on this of , 2012, by and between the KENAI PENINSULA BOROUGH, an Alaska municipal corporation, whose address is 144 North Binkley Street, Soldotna, Alaska 99669 (hereinafter referred to as "KPB"), pursuant to KPB Ordinance 2011-_ enacted , 2012, and the City of Seward, an Alaska municipal corporation, whose address is P.O. BOX 167 Seward, AK 99664-0167 (hereinafter referred to as "CITY OF SEWARD"). 1. KPB PARCEL Subject to other applicable provisions of this Agreement, for good and valuable consideration, the KPB will convey all interest it has in the following described parcel of land ("KPB Property") to CITY OF SEWARD. The KPB makes no warranties, express or implied, nor assumes any liability whatsoever, regarding the social, economic, or environmental aspects of the KPB Property, including, without limitation, the soil conditions, water drainage, access, natural or artificial hazards that may exist, or the merchantability, profitability or fitness of the KPB Property for any particular purpose. CITY OF SEWARD shall have 30 days from the date of this agreement in which to inspect title to KPB Property and associated title records. If CITY OF SEWARD determine said title to be unacceptable, CITY OF SEWARD may cancel this agreement without penalty by written notice. If no such notice is given, it shall be deemed that CITY OF SEWARD accept title to KPB Property after having had a full opportunity to inspect the KPB Property and associated title records, and have determined them suitable for the purposes addressed by this Agreement. 4(0 Kenai Peninsula Borough, Alaska KPB/CITY OF SEWARD — EXCHANGE AGREEMENT Page 1 of 7 OR161AIAL Property Description A 0.56 Acre +/- portion of Lot 8A-1 Fort Raymond Subdivision Replat No. 2 according to plat no. 2002-18 Seward Recording District, as shown on attached Exhibit A; subject to modification upon field survey and final platting action. 2. CITY OF SEWARD PARCEL Subject to other applicable provisions of this Agreement, for good and valuable consideration, the CITY OF SEWARD will convey all interest it has in the following described parcel of land ("CITY OF SEWARD Property") to KPB. The CITY OF SEWARD makes no warranties, express or implied, nor assumes any liability whatsoever, regarding the social, economic, or environmental aspects of the CITY OF SEWARD Property, including, without limitation, the soil conditions, water drainage, access, natural or artificial hazards that may exist, or the merchantability, profitability or fitness of the CITY OF SEWARD Property for any particular purpose. KPB shall have 30 days from the date of this agreement in which to inspect title to CITY OF SEWARD Property and associated title records. If KPB determine said title to be unacceptable, KPB may cancel this agreement without penalty by written notice. If no such notice is given, it shall be deemed that KPB accept title to CITY OF SEWARD Property after having had a full opportunity to inspect the CITY OF SEWARD Property and associated title records, and have determined them suitable for the purposes addressed by this Agreement. Property Description A 0.56 Acre +/- portion of Lot 6A-1 Fort Raymond Subdivision Replat No. 2 according to plat no. 2002-18 Seward Recording District, as shown on attached Exhibit A; subject to modification upon field survey and final platting action. 3. CONSIDERATION KPB and CITY OF SEWARD agree that the property subject to this exchange is of similar value, and each party is benefitted by this exchange for their respective purposes, and therefore the land received by each party is the full consideration for the land conveyed under this agreement. Li7l KPB/CITY OF SEWARD — EXCHANGE AGREEMENT Kenai Peninsula Borough, Alaska Page 2 of 7 OR 1611 AJ A L 4. TITLE A. KPB PROPERTY Title shall be delivered to CITY OF SEWARD at time of closing by quitclaim deed. KPB conveys only its interest in the property, if any, without warranty of any kind or nature whatsoever. Title shall also be subject to reservations, easements, rights -of -way, covenants, conditions and restrictions of record. B. CITY OF SEWARD PROPERTY Title shall be delivered to KPB at time of closing by quitclaim deed. CITY OF SEWARD conveys only its interest in the property, if any, without warranty of any kind or nature whatsoever. Title shall also be subject to reservations, easements, rights -of -way, covenants, conditions and restrictions of record. 5. ESCROW AND CLOSING COSTS Unless agreed otherwise, KPB and CITY OF SEWARD will be responsible for their respective costs under this Agreement. CITY OF SEWARD will be responsible for surveying and platting costs associated with this exchange. Settlement for costs shall occur no later than the date of closing. Property taxes shall be fully paid for each property by its current owner prior to closing. 6. CLOSING Unless otherwise agreed in writing, closing will occur within 90 days of plat recordation. KPB and CITY OF SEWARD will execute all documents required to complete the Agreement including signing required plat documents and, if applicable, establish an escrow account. 7. POSSESSION Possession shall be delivered at time of recording. KPB/CITY OF SEWARD — EXCHANGE AGREEMENT Kenai Peninsula Borough, Alaska Page 3 of 7 M �_ w OR 163 1ni PCL 8. BREACH REMEDY Prior to closing of the sale, in the event that KPB or CITY OF SEWARD fail to make any payment required, or fail to submit or execute any and all documents and papers necessary for closing and transfer of title within the time period specified in this agreement, the other party may terminate this agreement. 9. MUTUAL DEFENSE AND INDEMNIFICATION To the extent allowed by law and subject to appropriation, each party shall indemnify, defend, save and hold the other party, their elected and appointed officers, agents and employees, harmless from any and all claims, demands, suits, or liability of any nature, kind or character including costs, expenses, and attorneys fees resulting from their own performance or failure to perform in accord with the terms of this Agreement in any way whatsoever. This defense and indemnification responsibility includes claims alleging acts or omissions by the other party or their agents which are said to have contributed to the losses, failure, violations, or damage. However, neither party shall be responsible for any damages or claim arising from the sole negligence or willful misconduct of the other party, their agents, or employees. 10. HAZARDOUS MATERIAL Both parties covenant and agree that no hazardous substances or wastes shall be located on or stored on either property prior to closing. 11. ASSIGNMENTS This agreement may not be assigned. 12. MISCELLANEOUS A. Entire Agreement. This Agreement and the documents referred to herein contain the entire agreement of the parties with respect to the subject matter hereof. Any changes additions or deletions hereto must be made in writing and signed by both parties. Provisions of this agreement, unless inapplicable on their face, shall be covenants constituting terms and conditions of the exchange, and shall continue in full force and effect and will survive closing. Kenai Peninsula Borough, Alaska KPB/CITY OF SEWARD — EXCHANGE AGREEMENT Lt1) Page 4 of 7 OV61lAlkL In B. Residential Real Property Transfers Act. The parties mutually agree that this transfer will not be covered by the Residential Real Property Transfers Act, AS 34.70.010 et seq. C. Development. Both parties agree to comply with all federal, state, borough and city regulations regarding use and development of the property, which includes but is not limited to State of Alaska, Department of Environmental Conservation regulations regarding water and sewer installation, and, if applicable, regulations of the U.S. Army Corps of Engineers regarding filling or draining any area within the property designated as wetlands by the appropriate authority. D. Time. Time is of the essence in performance of this Agreement. E. Cancellation. This agreement, while in good standing, may be canceled in whole or in part, at anytime, upon mutual written agreement. This exchange agreement is subject to cancellation in whole or in part if improperly issued through error in procedure or with respect to material facts. F. Entry or Re-entry. In the event that this agreement is terminated, canceled or forfeited, the owner or its agents, servants or representatives, may immediately or any time thereafter, enter or re-enter and resume possession of said lands or such part thereof, and remove all persons and property therefrom either by summary proceedings or by a suitable action or proceeding at law or equity without being liable for any damages therefor. G. Fire Protection. Both parties shall take all reasonable precautions to prevent, and take all reasonable actions to suppress destructive and uncontrolled grass, brush, and forest fires on the land under agreement, and comply with all laws, regulations and rules promulgated and enforced by the protection agency responsible for forest protection within the area wherein the demised premises are located. H. Notice. Any notice or demand, which under the terms of this agreement or under any statute must be given or made by the parties thereto, shall be in writing, and be given or made by registered or certified mail, addressed to the other party at the address shown on the contract. However, either party may designate in writing such other address to which such notice of demand shall thereafter be so given, made or mailed. A notice given hereunder shall be deemed received when deposited in a U.S. general or branch post office by the addressor. 1% -90 Kenai Peninsula Borough, Alaska KPB/CITY OF SEWARD — EXCHANGE AGREEMENT Page 5 of 7 OK (6 1 1U hLe. I. Responsibility of Location. It shall be the responsibility of each party to properly locate improvements on the subject parcels. J. Construction. This Agreement shall be deemed to have been jointly drafted by both parties. It shall be constructed according to the fair intent of the language as a whole, not for or against any party. The interpretation and enforcement of this Agreement shall be governed by the laws of the State of Alaska. The titles of sections in this Agreement are not to be construed as limitations of definitions but are for identification purposes only. This Agreement has been executed by the parties on the day and year first above written. KENAI PENINSULA BOROUGH Mike Navarre, Mayor ATTEST: Johni Blankenship Borough Clerk KPB/CITY OF SEWARD — EXCHANGE AGREEMENT CITY OF SEWARD James Hunt, City Manager ATTEST: Johanna Kinney City Clerk Kenai Peninsula Borough, Alaska Page 6 of 7 OP161MAl_. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Holly B. Montague Deputy Borough Attorney NOTARY ACKNOWLEDGMENT STATE OF ALASKA )ss. THIRD JUDICIAL DISTRICT The foregoing instrument was acknowledged before me this day of , 2012, by Mike Navarre, Mayor of the Kenai Peninsula Borough, an Alaska municipal corporation, for and on behalf of the corporation. Notary Public in and for Alaska My commission expires: NOTARY ACKNOWLEDGMENT STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this day of , 2012, by James Hunt, City Manager of the CITY OF SEWARD, an Alaska municipal corporation, for and on behalf of the corporation. Notary Public in and for Alaska My commission expires: Kenai Peninsula Borough, Alaska KPB/CITY OF SEWARD — EXCHANGE AGREEMENT Page 7 of 7 M 15 s Sponsored by: Hunt CITY OF SEWARD, ALASKA SUBSTITUTE RESOLUTION 2011-072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A MAINTENANCE AND OPERATING AGREEMENT WITH SEWARD SHIP'S DRYDOCK, INC., EFFECTIVE APRIL 1, 2012 WHEREAS, the current Maintenance and Operating Agreement ("Agreement") between Seward Ship's Drydock and the City of Seward for the Shiplift Facility is set to expire March 31, 2012; and WHEREAS, due to the economic value of this industry to the community of Seward and the necessary service this business provides to the marine industry, the City wishes to keep the facility open; and WHEREAS, the City of Seward has worked with Seward Ship's Drydock, Inc. over the past several years to address deferred maintenance and to improve the condition of the City's Shiplift Facility. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Manager is authorized and directed to sign, on behalf of the City of Seward, a Maintenance and Operating Agreement in the form presented at this meeting, with Seward Ship's Drydock, Inc. Section 2. This resolution shall take effect immediately after adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 12`" day of March, 2012. THE CITY OF SEWARD ALASKA David Seaward, Mayor S3 Agenda Statement Meeting Date: March 12, 2012 To: City Council Through: City Manager Jim Hunt From: Mack Funk, Harbormaster Subject: Seward Ship's Drydock Maintenance & Operating Agreement BACKGROUND & JUSTIFICATION The City of Seward has long pursued the development of the Seward Marine Industrial Center, and constructed improvements to the area, including a Syncrolift Shiplift System, Ship Transfer System, and related rails, dock, and breakwater. An initial Maintenance and Operating Agreement was entered into between the City and the Operator, Seward Ship's Drydock, Inc., on April 25, 1995. A second Maintenance and Operating Agreement was signed again on March 30, 2000, and extended several times. One extension stretched for 3 '/2 years from December 31, 2005 until June 30, 2009. The current agreement will expire March 31, 2012, unless extended. The facilities are currently maintained in the best condition in the history of the Seward Marine Industrial Center. The reason for several amendments was to extend the time for the Operator to complete its deferred maintenance obligations. The cathodic protection system has been replaced in order to protect the public's investment in the breakwater. The Shiplift Facility is now in much better condition than it was five years ago. On September 26, 2011 City staff recommended that the M & O Agreement be extended for five years. The proposed agreement is exactly the same (except for the applicable dates) as the agreement recommended to the City Council in September 2011. The agenda statement from that time listed four issues: 1. Coatings-- The Breakwater was coated by the operator and tentatively accepted by the staff. 2. Environmental Matters —City staff continues to closely monitor this business (and all operators) and work with local, state, and federal regulatory agencies. 3. Operation and Maintenance —Obligations regarding Deferred Maintenance (Section 3.03 of the M & O Agreement) are deleted to reflect that all Deferred Maintenance has been completed. 4. "Land for Lease" Signs —This provision was dropped from the Agreement. The City has other property available for industrial development. CONSISTENCY 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 or Other Plans or Policies. FISCAL NOTE Eq The fiscal impact on the City for potential costs associated with the failure of the pilings and cofferdam cells of the SMIC breakwater is significant, potentially as much as $20 to $40 million. The recently replaced Cathodic protection system and protective coatings mean that the breakwater assets are better maintained than in the past decade. Furthermore, the City's engineers have opined that a catastrophic earthquake that shakes the foundation of the breakwater is a significant possibility that can't be prevented. The potential impact on the City for environmental contamination is not easily projected. The M & O Agreement does require the operator to indemnify the City. The Shiplift system itself is a large piece of machinery and it is potentially a liability for the City if the mechanism was to fail, resulting in injury or property damage. The M & O Agreement does require operator training. And, from an overall Risk Management perspective, the Seward Ship's Drydock liability insurance is carefully reviewed by the City staff and Risk Control Specialist. The City is named as an additional insured in the event of a loss, so that the operator's insurance is required to cover any losses that may arise. Finance Department: 0 ATTORNEY REVIEW Yes X No RECOMMENDATION ZG ((_ o'I 2 Council approve Resolution 2 �authorizing the City Manager to enter into the Maintenance and Operating Agreement with Seward Ship's Drydock, Inc.in substantially the form presented at `14WW this meeting. .., L City of Seward, Alaska City Council Minutes September 26, 2011 Volume 38 Page 671 He would like council to support the concept of building Alaska ferry ships in Alaska and recently discovered Ketchikan received a bid for the next ferry building. NEW BUSINESS Resolution 2011-012, Authorizing The City Manager To Enter Into A Maintenance And Operating Agreement With Seward Ship's Drydock, Inc., Effective October 1, 2011. 40 Motion (Shafer/Bardarson) Approve Resolution 2011-072 Oates stated the city has two documents with Seward Ship's Drydock. The Maintenance and Operating Agreement, and the lease. The MOA had to be renewed every five years. The lease was a different document that was good until 2040. If there was a dispute on the MOA, it must be resolved through the courts, and through litigation with a lease. Oates was convinced SSDD was in the best condition in the last four years he had been in Seward, and possibly the last ten years. Oates read the background and justification on the resolution before the council tonight. He saw three outcomes tonight: approve the MOA before them tonight, direct staff to go back to do another temporary extension, or solve these issues in court. He referred council to the color photographs of the pilings at a very low tide. He noted the operator was to complete the coating on the cofferdam cells; the operator proceeded ahead but ran into a problem in getting it low enough. As a result, he made repeated visits with the Harbormaster, and also observed the piling normally underwater had marine growth on it. It appeared the marine growth was providing some level of protection. A professional acknowledged the paint was about as low as it could get. It was difficult to go to that level. In looking at the coating, he felt it was acceptable, even though it did not meet the council's guidance from March. There were four outstanding notices of violation with the Department of Environmental Conservation, although Oates emphasized he did not think the city should get involved in enforcing these violations. This agreement included several amendments from the existing MOA. Oates noted the one portion under Exhibit D that the city manager and Pruitt have not been able to agree on. Brooking agreed with all the City Manager's comments. From a legal view, there were a few legal issues. One was the coatings on the pilings to two feet, which had not been met. If council agreed with this, they agreed to not have the coatings down to 2 feet. Second was the amount of administrative overhead to allow for work to be done to calculating things for different purposes, and improvements could qualify for lease credits/continuations. There would be no cap on administrative overhead costs. That language was in the amendment back in January, requiring it would be in the version and it was noted included in this version. The last point was about what the company was expected to do. She got a phone call from Mr. Pruitt's attorney and they wanted to limit it to just what was expressed in Exhibit D. Oates said once more the ship lift was in better condition. He did not recommend they change the language proposed to them in this packet. It was up to the council to determine this and if the requirements kept out of the agreement this time was appropriate or not. Casagranda asked if taking the "For Lease" signs down, did it mean the land was not City of Seward, Alaska City Council Minutes September 26, 2011 Volume 38 Page 672 ® available for lease. Brooking said it would still be available, just no promotion by signs of lease. Casagranda asked what would be the option of bringing in a professional to determine the coating. Oates said they could, but they would need another temporary extension and they were running out of time since the current extension expired at the end of September. By Unanimous Consent, the rules were suspended to allow James Pruitt to speak. Pruitt said in 1995 the original MOA was signed. They had the task of tying an operation and maintenance agreement on a five year term to a long term lease agreement. It would have been better to change the code to allow the extensions to match up. SSDD had made a list of deferred maintenance that hadn't been done and needed to be done in order to keep their certification and to get lease credits for that. SSDD spent $54,000 on deferred maintenance. In 2010, total maintenance was $330,000. There was always more deferred maintenance done than what they got for lease credits. The last one was the coating of the cells, which went back to the deferred maintenance list. He was not prepared to absorb the amount of cost associated with this project of coating the cells. The agreement was fine, except for the last comment on Exhibit D. In speaking with the City Attorney, they were told this comment meant they needed to maintain the condition of the painting of the pilings, which SSDD never agreed to do. Pruitt stated this could be up to a $90,000 expense a year to keep the coating touched up. Polar Seafoods had a dock that had never been coated. The Alaska Railroad had a sheet pile dock with no coating. This was never agreed on in the original MOA. Brooking said the obligation in section 3.03 was to agree to the maintenance of the entire facility and she noted the definition of the ship lift facility. It was full maintenance responsibilities the city was asking SSDD to assume, which had always been an obligation. It was asked to her what the obligations were, and Brooking said it was everything required in the agreement. Smith asked if Exhibit D referenced several documents, if you take that sentence out and that sentence was lost — would those disappear and the documents in Exhibit D have nothing to do with the pilings. Brooking said the references in Exhibit D were intended to set forth the minimum tasks and a schedule for those things. Brooking stated the decision was up to the council, but she recommended they do not leave the language in an ambiguous manner. Dunham wondered if council should put that in the next agreement. Valdatta wondered what the manufacturer's recommendations were. Pruitt said his argument was they did not sign on to this originally, to keep it painted. In response to Casagranda, Brooking stated Section 3.03 had minor changes from the last agreement, but they were not significant and most of them were at Mr. Pruitt's request. Casagranda stated she thought this was a lot to be put before them so quickly. She would like to see a month extension because they were in the middle of budget and a lot was going on right now. She also wanted to see an expert's opinion on this matter. Motion (Shafer/Keil) Postpone Resolution 2011-072 to the March 12, 2012 meeting and extend the existing agreement to March 31, 2012. City of Seward, Alaska City Council Minutes September 26 2011 Volume 38, Page 673 M Motion Passed Unanimous INFORMATIONAL ITEMS AND REPORTS (No action required July Providence Financials COUNCILS' COMMENTS Shafer wished Phillip Oates and his wife, Karla, well. It had been a rapid four years and the city had been better off for him being here. Keil said speaking of civil involvement, the Planning and Zoning Commission was likely down to four members now. She hoped citizens step forward to run; it was all part in parcel to do your civic duty. It was a very important position. Bardarson thanked Oates for his service. The city was better off for him. Casagranda thanked Michelle Weston for her service and she was sorry to see her go. Her time was too short with the city. Casagranda noted Kari Anderson's name came up several times this evening and it was a testament for all that she had done as Harbormaster. She congratulated Josie Ronne from the TYC for her recent award and noted she did a tremendous job at the youth center. She encouraged everyone to attend the Healthy Lifestyles Celebration on October 8, 2011. The Seward Arts Festival was really great and the turnout was high. The crew in charge of this event did a wonderful job. Smith thanked Oates and wished him the best of luck. Valdatta said he'd been watching the energy crisis and they should get in touch with Harold Inga, and stay more active and state Seward wanted natural gas and voice their opinion on it. They needed an alternate energy in town. Valdatta thanked Phillip for everything he'd done for Seward. Dunham thanked the Arts Council and Kari Anderson for her recent letter. They needed a work session on the budget. He asked the clerk to schedule one for the council. CITIZENS' COMMENTS Pruitt thanked Oates and the council for their time. The Arts Festival was great and it was a wonderful turnout. He wished the outgoing City Manager good luck. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS Keil thanked Pruitt for allowing the grass to be planted by the mural downtown on Railway. Council recessed at 9:28 p.m. Council resumed at 9:32 p.m. City draft of 2/29/2012 MAINTENANCE AND OPERATING AGREEMENT between CITY OF SEWARD, ALASKA and SEWARD SHIP'S DRYDOCK, INC. Dated as of April 1, 2012 S� TABLE OF CONTENTS PAGE ARTICLE 1 Definitions.........................................................2 ARTICLE 2 General Provisions........................................................5 Section 2.01 - Agreement Term.................................................................. 5 Section 2.02 - Specific Use Restrictions...................................................... 5 Section 2.03 - Environmental Matters.......................................................... 5 Section 2.04 - Protection Against Liens.......................................................7 Section 2.05 - No Preferential Rights to Use Port Facilities ......................... 8 Section 2.06 - Security for Shiplift Premises ................................................ 8 Section 2.07 - Leasing and Use of Managed Parcel ................................... 8 Section 2.08 - Inspection by City................................................................. 8 ARTICLE 3 Operation and Maintenance of Shiplift Facility ............... 9 Section3.01 - Revenue...............................................................................9 Section 3.02 - Annual Facility Costs............................................................ 9 Section 3.03 - Operation of Shiplift Facility..................................................9 Section 3.04 - Maintenance of Accounts; Statements; ..............................10 Section 3.05 - Operating Plan...................................................................10 Section3.06 - Inventory ............................................................................. 11 Section 3.07 - Rates and Charges............................................................11 ARTICLE 4 Indemnity; Insurance ................................................... 11 Section 4.01 - Operator's Duty to Indemnify..............................................11 Section 4.02 - Insurance Requirements....................................................11 ARTICLE 5 Assignment 13 Section 5.01 - Assignment of Agreement .................................................. 13 Section 5.02 - Assignment......................................................................... 13 ARTICLE 6 Default; Remedies13 Section 6.01 - Events of Default................................................................13 Section 6.02 - Remedies for Default by Operator......................................14 Section 6.03 - No Waiver of Breach..........................................................14 Section 6.04 - Cure by City........................................................................ 15 ARTICLE 7 Miscellaneous 15 Section7.01 - Time................................................................................... 15 Section 7.02 - Entire Agreement...............................................................15 City of Seward and Seward Ship's Drydock, Inc. Maintenance and Operating Agreement M in Section 7.03 - Relationship of Parties....................................................... 15 Section 7.04 - Notices............................................................................... 15 Section 7.05 - Binding Effect..................................................................... 1 Section7.06 - Severability.........................................................................16 Section 7.07 - Amendments...................................................................... 16 Section 7.08 - Execution in Counterparts.................................................. 16 Section 7.09 - Applicable Law; Jurisdiction...............................................16 Section7.10 - Captions............................................................................. 16 Exhibit A - Deferred Maintenance Exhibit B - Description of SMIC Exhibit C - Fencing Specifications Exhibit D - Maintenance Tasks and Schedule Exhibit E - Inventory of Spare Parts City of Seward and Seward Ship's Drydock, Inc. Maintenance and Operating Agreement 6\ MAINTENANCE AND OPERATING AGREEMENT This Maintenance and Operating Agreement (this "Agreement") is made as of April 1, 2012 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. ("Operator"), whose address is P.O. Box 944, Seward, Alaska 99664. WHEREAS, since 1980 City has provided for the development of the Seward Marine Industrial Center (the "SMIC"), and City expended over $40 million in construction of improvements to the area, including a Syncrolift Shiplift System, Ship Transfer System and related rail systems (the "Shiplift Facility"); and WHEREAS, City and Operator were Lessor and Lessee, respectively, under a lease agreement effective as of September 22, 1988, as amended (the "Prior Lease"), a memorandum of which was recorded at Book 53, Page 255, Seward Recording District, Third Judicial District, State of Alaska, under which Operator leased from City certain real property located in the SMIC, as described in the Prior Lease to operate a vessel repair and construction facility; and WHEREAS, the continued maintenance and operation of the Shiplift Facility is important to the profitable operation of Operator's vessel repair and construction business on the Premises; and WHEREAS, the voters of the City of Seward in 1992 rejected two specific proposals for the sale or lease of the Shiplift Facility to Operator, and the City desires to transfer to Operator maintenance and operating responsibility for the Shiplift Facility without a sale or lease of the Shiplift Facility, in accordance with the voters' preference; and WHEREAS, an arbitrators' decision and order dated January 8, 1993, set forth certain rights of City and Operator under the Prior Lease, including the determination that City could not enforce any penalty against Operator for a period of 24 months after the date of the arbitrators' decision and order (or until January 9, 1995), with respect to Operator's failure to construct a permanent covered repair building capable of enclosing a vessel 300 feet in length (the "300-Foot Building"); and WHEREAS, the City Council of City declined to extend the time for construction of the 300-foot building, requesting that in lieu of constructing the 300-Foot Building Operator assume all expenses of operating and maintaining the Shiplift Facility; and City of Seward and Seward Ship's Drydock, Inc. Maintenance and Operating Agreement Page 1 M WHEREAS, City and Operator entered into a new lease and are Lessor and �hw Lessee, respectively, under a lease agreement dated April 25, 1995, as amended, whereby Operator was relieved of the obligation to construct the 300-Foot Building, and Operator simultaneously entered into that certain Maintenance and Operating Agreement dated April 25, 1995 ("Initial Agreement") to assume the expense of maintaining and operating the Shiplift Facility; and WHEREAS, following expiration of the Initial Agreement the parties entered into a Maintenance and Operating Agreement dated March 30, 2000, which has been amended and extended nine times; and WHEREAS, the work described as "Deferred Maintenance" in Exhibit A has been completed by the Operator; and WHEREAS, the parties have determined that it is in their respective interests to continue their relationship for the maintenance and operation of the Shiplift Facility by entering into this Agreement, and the Operator agrees to assume the continued expense of maintaining and operating the Shiplift Facility; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: ARTICLE 1 Definitions The following terms will have the meanings indicated below unless the context clearly requires otherwise: "Agreement" means this Maintenance and Operating Agreement, as amended from time to time. "Agreement Term" means the duration of this Agreement as set forth in Section 2.01. "Annual Facility Costs" means annual costs of the Shiplift Facility as described in Section 3.02. "Auditor" means an independent certified public accountant or firm of certified public accountants engaged by the City. "City" means the City of Seward, Alaska. City of Seward and Seward Ship's Drydock, Inc. Maintenance and Operating Agreement to--; Page 2 "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; or any other environmental matter, including without limitation any of the following statutes: (i) Federal Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. Sections 6901-6991 K; (ii) Federal Comprehensive Environmental Response Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Sections 9601-9675; (iii) Federal Clean Air Act, 42 U.S.C. Sections 7401-7642; (iv) Federal Hazardous Material Transportation Control Act of 1970, as amended, 49 U.S.C. Sections 1801-1812; (v) Federal Clean Water Act of 1977, as amended, 33 U.S.C. Sections 1251-1387; (vi) Federal Insecticide, Fungicide, and Rodenticide Act, as amended, 7 U.S.C. Sections 2601-2671; Nowd (vii) Federal Toxic Substances Control Act, 15 U.S.C. Sections 2601-2671; (viii) Federal Safe Drinking Water Act, 42 U.S.C. Sections 300f-300i-26; and (ix) Title 46 of the Alaska Statutes. "Event of Default" means any of the events described in Section 6.01. "Fiscal Year" means the calendar year. "Hazardous Substances" means any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, a hazardous, toxic or radioactive substance, or other similar term, by any Environmental Laws, and shall include any such substance or material as may hereafter become defined or designated as hazardous or toxic material by any Environmental Laws. City of Seward and Seward Ship's Drydock, Inc. Maintenance and Operating Agreement b�{ Page 3 "Lease" means the ground lease of the Premises between City and Operator, dated as of April 25, 1995, as amended from time to time. "Maintenance and Operation Costs" means the actual and necessary costs of maintaining and operating the Shiplift Facility, including without limitation the reasonable expenses of management, repair and other expenses necessary to maintain the Shiplift Facility in good repair and working order, reasonable amounts for administration, overhead, insurance, utilities, consulting and technical services, employer costs (including pension costs), taxes (but not payments in lieu of taxes), charges payable pursuant to any licenses, permits or other authorizations of any agency or regulatory body having lawful jurisdiction, and other similar costs, but excluding depreciation (or reserves therefor), amortization of intangibles or other bookkeeping entries of a similar nature, and the costs of capital additions, replacements, betterments, extensions or improvements to the Shiplift Facility. "Managed Parcel" means the area within the SMIC designated as such on Exhibit A hereto, which is south of the fence on the northern boundary of the Premises constructed by Operator under Section 2.06, and which is not part of the Premises or the Shiplift Facility. "Maintenance" means all of the repair, maintenance and replacement of parts and equipment for the Shiplift Facility as further described in Article 3 and Exhibit D. %%W "Operator" means Seward Ship's Drydock, Inc., an Alaska corporation, its successors and assigns. "Port Facilities" means all public port facilities owned or operated by City from time to time, including without limitation the Shiplift Facility. "Premises" means the land plus any improvements described as such in the Lease. "Revenue" means all of the following fees or charges for use of the Shiplift Facility: lift fees; receipts for labor to operate the syncrolift facility in raising or lowering a vessel; uplands day lay charges; and moorage and wharfage on the Shiplift Facility dock. "SMIC" means the Seward Marine Industrial Center, consisting of the area shown on the site map in Exhibit B hereto. City of Seward and Seward Ship's Drydock, Inc. Maintenance and Operating Agreement �S Page 4 "Shiplift Facility" means the Syncrolift Shiplift System in the SMIC, including the mechanical shiplift and all associated equipment, all upland rails not located on the Premises or other leased property, the side transfer cradle assembly, the shiplift dock, and 33 connected cofferdam cells comprising the south breakwater. "Shiplift Premises" means the Shiplift Facility and the Managed Parcel. ARTICLE 2 General Provisions Section 2.01 - Agreement Term. The Agreement Term commences April 1, 2012, and unless sooner terminated as provided herein ends at the earlier of (i) date of expiration or termination of the Lease term, and (ii) March 31, 2017. Section 2.02 - Specific Use Restrictions. Operator shall not commit any waste of the Shiplift Premises. Operator shall use, operate and maintain the Shiplift Facility in accordance with all laws and regulations governing such use, operation and mainte- nance. Operator will not use the Shiplift Premises in any manner which would constitute a public nuisance. Section 2.03 - Environmental Matters. Operator covenants and agrees as follows: (a) Operator will not cause or permit the Shiplift Premises to be used to generate, manufacture, refine, transport, treat, store, handle, dispose, transfer, produce or process any Hazardous Substance, except in compliance with all applicable Environmental Laws, nor shall Operator cause or permit, as a result of any intentional or unintentional act or omission on the part of the Operator or any other user or occupant of the Shiplift Premises, the release of any Hazardous Substance onto the Shiplift Premises. (b) Operator will at all times in all respects use its best efforts to comply, and will use its best efforts to cause all other users of the Shiplift Premises to comply, with all Environmental Laws, including without limitation undertaking the following specific actions: (i) Operator will, at its own expense, procure, maintain in effect and comply with all conditions of any and all permits, licenses and other governmental and regulatory approvals required by all Environmental Laws, including without limitation permits required for discharge of (appropriately treated) Hazardous Substances into the ambient air or any sanitary sewers servicing the Shiplift Premises; and (ii) except as discharged into the ambient air or a sanitary sewer in strict compliance with all applicable Environ- mental Laws, any and all Hazardous Substances to be treated and/or disposed of by the City of Seward and Seward Ship's Drydock, Inc. Maintenance and Operating Agreement U� Page 5 Operator will be removed and transported solely by duly licensed transporters to a duly licensed treatment and/or disposal facility for final treatment and/or disposal (except when applicable Environmental Laws permit on -site treatment or disposal in a sanitary landfill). (c) If the presence, release, threat of release, placement on the Shiplift Premises, or the generation, transportation, storage, treatment or disposal at the Shiplift Premises of any Hazardous Substance (i) gives rise to liability (including without limitation a response action, remedial action or removal action) under any Environmental Law, (ii) causes a significant public health effect, or (iii) pollutes or threatens to pollute the environment, Operator shall, at its sole expense, promptly take any and all remedial and removal action necessary to clean-up the Shiplift Premises and mitigate exposure to liability arising from the Hazardous Substance, whether or not required by law. (d) Operator shall maintain a complete file, which may be inspected at any reasonable time by City containing copies of all correspondence, permits or other material between Operator and any federal, state or other governmental authority related to Hazardous Substances at the Shiplift Premises. (e) Operator shall give City within 24 hours (i) written notice and a copy of any notice or correspondence it receives from any federal, state or other governmental authority regarding Hazardous Substances on the Shiplift Premises or which affect or will affect the Shiplift Premises, or expenses or losses incurred or expected to be incurred by Operator or any government agency to study, assess, contain or remove any Hazardous Substances on or near the Shiplift Premises, and (ii) written notice of any knowledge or information Operator obtains regarding the release or discovery of Hazardous Substances on the Shiplift Premises. (f) Operator agrees to indemnify, hold harmless and defend City, and the officers, employees and agents of City, from and against any and all claims, demands, damages, losses, liens, liabilities, penalties, fines, lawsuits and other proceedings and costs and expenses (including attorneys' fees), arising directly or indirectly from or out of, or in any way connected with: (i) The failure of Operator to comply with its covenants and agreements contained in this section; (ii) Any activities on the Shiplift Premises which directly or indirectly result in the Shiplift Premises becoming contaminated with Hazardous Substanc- es; City of Seward and Seward Ship's Drydock, Inc. Maintenance and Operating Agreement 6-1 Page 6 and (iii) The discovery of Hazardous Substances on the Shiplift Premises; (iv) The clean-up of Hazardous Substances from the Shiplift Premises without regard to (1) the nature of the activities producing the Hazardous Sub- stances, and (2) the identity of the person conducting such activities. (g) The provisions of this section, including the obligation to indemnify, shall survive the termination or expiration of the Agreement Term. (h) Nothing in this section shall prejudice or impair the rights or claims of Operator against any person or entity other than City with respect to the presence of Hazardous Substances as set forth above. (i) Operator may, at its own expense, conduct an environmental audit of the Shiplift Premises, and provide a copy of the audit report to City, within 60 days of the date the Agreement Term commences. If the audit report identifies Hazardous Substances at the Shiplift Premises, either (i) within 120 days after the date the Agreement Term commences the parties shall agree in writing on the extent to which each party is responsible for such Hazardous Substances, or (ii) this Agreement shall terminate at the end of such 120-day period. Section 2.04 - Protection Against Liens. (a) Operator shall not permit to be enforced against the Shiplift Facility or any part of it any mechanic's or materialman's lien arising from any work of improvement, however it may arise. However, Operator may in good faith and at Operator's own expense contest the validity of any such asserted lien, claim or demand, provided Operator has furnished the bond required in AS 34.35.072 (or any comparable statute hereafter enacted for providing a bond freeing the Shiplift Facility from the effect of such a lien claim). Operator shall defend and indemnify City against all liability and loss of any type arising out of work performed on the Shiplift Facility by Operator, together with reasonable attorneys' fees and all costs and expenses incurred by City in negotiation, settling, defending, or otherwise protecting against such claims. (b) If Operator does not cause to be recorded the bond described in AS 34.35.072 or otherwise protect the property under any alternative or successor statute, and a final judgment has been rendered against Operator by a court of competent jurisdiction for the foreclosure of a mechanic's or materialman's lien claim, and if Operator fails to stay the execution of the judgment by lawful means or to pay the judgment, 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. Operator shall reimburse City for all sums paid by City under this paragraph, together with all City=s reasonable City of Seward and Seward Ship's Drydock, Inc. Maintenance and Operating Agreement Page 7 attorneys' fees and costs, plus interest on those sums, fees, and costs at the rate of 10.5 percent per year from the date of payment until the date of reimbursement. (c) City may give notice of non -responsibility for any work performed by Operator on the Shiplift Facility. (d) On completion of any substantial work of improvement during the Agreement Term, Operator shall file or cause to be filed a notice of completion. Ope- rator hereby appoints City as Operator's attorney -in -fact to file the notice of completion on Operator's failure to do so after the work of improvement has been substantially completed. Section 2.05 - No Preferential Rights to Use Port Facilities. This Agreement does not grant any exclusive or preferential right to use any of City's Port Facilities, except that Operator shall have a preferential right to use the Shiplift Facility. Operator's use of City's Port Facilities shall be subject to the applicable tariffs, procedures, rules and regulations of City in effect from time to time. Section 2.06 - Security for Shiplift Premises. Operator shall limit access to the Shiplift Premises by constructing and maintaining at Operator's expense a fence in accordance with the specifications, and at the location designated, in Exhibit C hereto. Operator shall provide City and its lessees with 24 hour access to the Managed Parcel. Section 2.07 - Leasing and Use of Managed Parcel. (a) City reserves the right from time to time to lease all or any part of the Managed Parcel, to use all or any part of the Managed Parcel for any purpose, and to permit others to use all or any part of the Managed Parcel, provided that: (1) Notwithstanding Section 2.03, Operator shall not be responsible for any Hazardous Substances on the Managed Parcel resulting from the leasing or use of the Managed Parcel under this subsection, and any lease of the Managed Parcel by City shall incorporate obligations of the lessee in the terms of Section 2.03 for the benefit of City and Operator. Upon the termination of any such lease or use of the Managed Parcel, City at its own expense, shall conduct an environmental audit of the area subject to the lease or use, and provide a copy of the audit report to Operator. As between City and Operator, City shall be responsible for any Hazardous Substance revealed by the report that was not reported to be present at the commencement of the lease or use. (2) Notwithstanding Article IV, Operator shall not be responsible for indemnity or insurance with respect to the leasing or use of the Managed Parcel under City of Seward and Seward Ship's Drydock, Inc. Maintenance and Operating Agreement Page 8 this subsection, and any lease of the Managed Parcel by City shall incorporate obligations of the lessee in the terms of Article IV for the benefit of City and Operator. (b) Operator may use all or any part of Managed Parcel for the temporary storage of vessels at the current day lay charge stated in City's harbor tariff. This permission for use by Operator may be revoked by City at any time. Unless City and Operator agree otherwise, any other use by Operator of the Managed Parcel shall be subject to rental charge per square foot equal to double the per square foot rent represented by the currently effective Rent under the Lease. Section 2.08 - Inspection by City. City may at any time enter the Shiplift Premises, for the purpose of inspection to determine Operator's compliance with the terms of this Agreement. Such inspection may include the taking of samples of soil or water, and the reviewing and copying of any records relating to the operation of the Shiplift Facility. ARTICLE 3 Operation and Maintenance of Shiplift Facility Section 3.01 - Revenue. Operator shall have the right to collect and retain all Revenue received from the Shiplift Facility, and Operator shall account separately for all Revenue received by Operator. Section 3.02 - Annual Facility Costs. Operator shall pay the Annual Facility Costs for each Fiscal Year. Annual Facility Costs consist of the following, properly incurred or paid during each Fiscal Year: (a) Maintenance and Operation Costs of the Shiplift Facility; and (b) Amounts which may be required to pay the costs of major renewals or replacements of the Shiplift Facility, to the extent that such costs are not covered by insurance. Section 3.03 - Operation of Shiplift Facility. (a) Operator shall at all times maintain, preserve and keep, or cause to be maintained, preserved and kept, the Shiplift Facility and all additions and betterments thereto and extensions thereof and every part and parcel thereof in good repair, working order and condition and will from time to time make or cause to be made all necessary and proper repairs, renewals and replacements thereto and may from time to time make City of Seward and Seward Ship's Drydock, Inc. Maintenance and Operating Agreement -10 Page 9 or cause to be made extensions and betterments thereto, and Operator will at all times 1%W operate or cause to be operated the Shiplift Facility in a safe and efficient manner in accordance with the manufacturer's instructions for operation, and at a reasonable cost. Operator will comply with all terms and conditions of all licenses and permits which are of material importance to the operation of the Shiplift Facility Operator shall maintain a Certificate of Class and maintain a fully functioning cathodic protection system. (b) Operator shall perform Maintenance of the Shiplift Facility in accordance with the maintenance schedule prepared by City and Operator and attached as Exhibit D hereto. This schedule provides for maintenance in accordance with the recommendations of Norton Corrosion and Pearlson Shiplift Corporation and their successors, and shall be kept in conformance with the maintenance recommendations of Pearlson Shiplift Corporation. This schedule provides for major renewals and replacements to the Shiplift Facility, which shall be modified from time to time in accordance with the recommendations of Lloyd's Registry of Shipping. (c) Operator shall permit the Shiplift Facility to be operated only by persons that Operator determines to be qualified, competent and otherwise fit to perform their assigned duties in the operation of the Shiplift Facility. Formal training is the responsibility of Operator and can be obtained from Pearlson Shiplift Corporation or others. (d) Agents of City may enter the Shiplift Facility at all times to inspect the Shiplift Facility or observe its operation. If City observes the Shiplift Facility being operated in an unsafe manner or in a manner that does not conform to the manufacturer's instructions for operation, City may order Operator to cease operating the Shiplift Facility until the problem has been corrected. (e) Operator shall, at its own expense, schedule annual inspections of the Shiplift Facility by Norton Corrosion, Pearlson Shiplift Corporation, Lloyd's Register of Shipping and such specialty consultants as may be required by Pearlson Shiplift Corporation or Lloyd's Register of Shipping, and promptly provide to City a copy of the report of each such inspection. (f) Operator shall maintain reasonable hours of Shiplift Facility operation, and reasonable procedures for Shiplift Facility operation, that accommodate all members of the public desiring to use the services of the Shiplift Facility. In operating the Shiplift Facility, Operator shall not discriminate against any member of the public desiring to use the Shiplift Facility with respect to hours of operation, services offered, scheduling of operations, or any other aspect to Shiplift Facility operation. City of Seward and Seward Ship's Drydock, Inc. Maintenance and Operating Agreement Page 10 Section 3.04 - Maintenance of Accounts andStatements; . Operator shall keep proper books of account for the Shiplift Facility which shall be kept in accordance with Generally Accepted Accounting Principles. Operator shall prepare, and submit to City, statements showing in reasonable detail income and expenses of the Shiplift Facility for each Fiscal Year, including Revenues, amounts expended for maintenance, renewals and replacements of and capital additions to the Shiplift Facility. Such statements shall be filed with City within 120 days of the close of each Fiscal Year. Section 3.05 - Operating Plan. Prior to the beginning of each Fiscal Year, Operator shall prepare and file with City an operating plan for the ensuing Fiscal Year. The operating plan shall include an estimate of Revenues and Annual Facility Costs and a schedule for repairs and maintenance to be performed during the Fiscal Year. Section 3.06 - Inventory. Operator shall maintain on hand the inventory of spare parts for the operation and maintenance of the Shiplift Facility as shown in Exhibit E, and Operator shall transfer that inventory to City upon the expiration or earlier termination of the Agreement Term. Section 3.07 - Rates and Charges. With each annual operating plan submitted to City, Operator shall propose rates and charges for the use of the Shiplift Facility. Such rates and charges shall not discriminate among users of a class of service or among different classes of service. Rates and charges do not discriminate among classes of service if they are reasonably related to the cost of providing each class of service, allocated according to Generally Accepted Accounting Principles. ARTICLE 4 Indemnity; Insurance Section 4.01 - Operator's Duty to Indemnify. In addition to any other duty to indemnify or defend City, Operator shall defend, indemnify and hold harmless City from any and all claims, actions and demands for death or injury to persons or damage to property, arising from the use of the Shiplift Facility during the term of the Initial Agreement and the Agreement Term by Operator, Operator's contractors, agents, officers, employees and invitees, or the general public. Section 4.02 - Insurance Requirements. During the Agreement Term, Operator shall procure and maintain at its expense the insurance described in this section subject to the terms and conditions set forth in this section. City of Seward and Seward Ship's Drydock, Inc. Maintenance and Operating Agreement Page 11 (a) Operator shall procure and maintain the following insurance under this Agreement: (1) Commercial general liability and automobile insurance, with limits of liability of $5,000,000 for all injuries, deaths or property damage resulting to any one person and $5,000,000 limit from any one occurrence. Coverage under such insurance shall also include explosion, collapse and underground property damage hazards. Such insurance shall include a blanket contractual liability endorsement. For non -owned watercraft of Operator or its customers any "watercraft exclusion" in the commercial liability insurance policy shall be eliminated. Protection and indemnity insurance shall be provided with the same limits as the commercial liability insurance for the use of Operator -owned watercraft. (2) All risk physical damage insurance for any buildings, equipment, machinery any other property upon the Shiplift Facility at replacement value rather than original cost. (3) Workers Compensation Insurance and insurance under the Harbor Workers and Longshoremen's Compensation Act. (4) Coverage for vessels in the care, custody or control of Operator (ship repairer's liability) with limit of liability of $5,000,000. (5) Environmental impairment liability or pollution legal liability insurance for all bodily injury and property damage to parties other than Operator caused by pollution emanating from the Premises, with limit of liability of $1,000,000. (6) Marine Liability Insurance and any other insurance required under any permit or tariff of City. (b) The minimum amounts and types of insurance required under this Section shall be subject to revision in accordance with standard insurance practices, in order to provide continuously throughout the Agreement Term a level of protection consonant with good business practice and accepted standards in the industry. Such factors as increases in the cost of living shall be utilized in assessing whether the minimum insurance requirements should be increased. City shall notify Operator of any required increase in insurance coverage. (c) All insurance policies shall provide for 30 days' notice to City of cancellation and/or material change in policy terms. All such policies shall be written by insurance companies legally authorized or licensed to do business in the State of Alaska, and acceptable to City. Operator shall furnish City, on forms approved by City, certificates City of Seward and Seward Ship's Drydock, Inc. Maintenance and Operating Agreement � S Page 12 evidencing that it has procured the insurance required herein prior to the operation of the Shiplift Facility by Operator. Operator shall be liable for all deductibles under any insurance policy obtained by Operator under this Agreement. Nothing herein contained shall prevent Operator or City from placing and maintaining at City's or Operator's own individual cost and expense, additional or other insurance as may be desired. (d) On October 1, 2011, and annually thereafter throughout the Agreement Term, Operator shall procure and submit to City a written report from a reputable insurance broker acceptable to City that the broker has reviewed the types and amounts of coverage of insurance obtained by Operator and the operations of Operator and in the opinion of the broker the coverage complies with Operator's obligations under this Agreement. (e) All of the insurance policies required above as well as any other insurance carried by Operator or City shall provide that the insurers waive their rights of subrogation against City and Operator and their respective officers, servants, agents or employees. Operator further agrees to waive and agrees to have its insurers waive any rights of subrogation (whether by loan receipts, equitable assignment or otherwise), with respect to deductibles under such policies and with respect to damage to equipment including the loss of use thereof, whether insured or not. Operator shall also name City as an additional insured on the general liability insurance policy maintained by Operator as required above, excluding coverage for claims resulting from City's sole negligence. Operator shall promptly and without request by City supply City copies of all insurance binders and policies. , OWO ARTICLE 5 Assignment Section 5.01 - Assignment of Agreement. The parties recognize that a material reason for the finding by the City Council of Seward that it is in the public interest to enter into this Agreement with Operator is Operator's experience in operating vessel repair and construction facilities on the Premises. Except as provided in Section 5.02, any assignment of this Agreement by Operator shall be void, and any attempt by Operator to assign this Agreement gives City the right immediately to terminate this Agreement. Section 5.02 - Assignment. Notwithstanding Section 5.01, Operator may assign its entire interest under this Agreement to a person to whom Operator sells its vessel repair and construction business, provided that the assignee and the terms of the assignment shall be subject to approval by City. City of Seward and Seward Ship's Drydock, Inc. Maintenance and Operating Agreement Page 13 ARTICLE 6 Default; Remedies Section 6.01 - Events of Default. Each of the following shall be an act of default under this Agreement and the terms "acts of default" and "default" shall mean, whenever they are used in this Agreement, any one or more of the following events: (a) Failure by Operator to observe, fulfill or perform any covenants, conditions or agreements on its part to be observed or performed under this Agreement for a period of 30 days after written notice specifying such failure, requesting that it be remedied, and stating that it is a notice of default, has been given to Operator by City; provided, however, that if said default is such that it cannot be corrected within the applicable period, it shall not constitute an act of default if corrective action is instituted by Operator within the applicable period and diligently pursued until the default is corrected. (b) The making by Operator of an assignment for the benefit of creditors, the filing of a petition in bankruptcy by Operator, the adjudication of Operator as insolvent or bankrupt, the petition or application by Operator to any tribunal for any receiver or any trustee for itself or for any substantial part of its property; or the commencement of any proceeding relating to Operator under any bankruptcy, insolvency, reorganization, arrangement or readjustment of debt law or statute or similar law or statute of any jurisdiction, whether now or hereafter in effect which shall remain undismissed for a period of six months from the date of commencement thereof. (c) Any event of default under the Lease. _Section 6.02 - Remedies for Default by Operator. Whenever an act of default by Operator shall have occurred, and any applicable period for giving notice and any opportunity to cure shall have expired, City shall have the following rights and remedies all in addition to any rights and remedies that may be given to City by statute, common law or otherwise: (a) City may terminate this Agreement and re-enter the Shiplift Facility and take possession thereof. (b) Recover, whether this Agreement be terminated or not, damages incurred by City by reason of the breach or default by Operator. City of Seward and Seward Ship's Drydock, Inc. Maintenance and Operating Agreement Page 14 (c) No expiration or termination of this Agreement shall expire or terminate any liability or obligation to perform of Operator's which arose prior to the termination or expiration except insofar as otherwise agreed in this Agreement. (d) Each right and remedy of City provided for in this Agreement shall be cumulative and shall be in addition to every other right or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise, and the exercise or beginning of the exercise by City of any one or more of the rights and remedies provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by City of any or all other rights or remedies provided for in this Agreement or now or thereafter existing at law, or in equity or by statute or otherwise. Section 6.03 - No Waiver of Breach. No failure by City to insist upon the strict performance by Operator of any term, covenant or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof, shall constitute a waiver of any such breach or of such terms, covenants or conditions. No waiver of any breach shall affect or alter this Agreement, but each and every term, covenant and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach. Section 6.04 - Cure by City. City shall have the right, but not the obligation, to cure any default of Operator under this Agreement if Operator fails to cure the default within the time allowed under Section 6.01. Any cost incurred by City in effecting such a ` cure shall be payable by Operator upon demand, and shall bear interest at a rate of 15% per annum until paid. ARTICLE 7 Miscellaneous Section 7.01 - Time: Time is of the essence of each provision of this Agreement. The time in which any act is to be performed under this Agreement shall be computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday or a holiday, and then it is also excluded. Section 7.02 - Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters covered by this Agreement, and no other agreement, statement or promise made by any party which is not contained in this Agreement shall be binding or valid. City of Seward and Seward Ship's Drydock, Inc. Maintenance and Operating Agreement -�6 Page 15 Section 7.03 - Relationship of Parties. Nothing in this Agreement, and no performance of either party hereunder shall cause the relationship of the parties to be that of principal and agent, partners or joint venturers, or cause the parties to be associated in any manner other than as owner and independent contractor. Section 7.04 - Notices. All notices required or authorized to be given by either party under this Agreement shall be in writing and shall be served personally or sent by registered mail as follows: City of Seward P.O. Box 167 Seward, Alaska 99664 Attention: City Manager Seward Ship's Drydock, Inc. P.O. Box 944 Seward, Alaska 99664 Attention: President Notice by mail shall be deemed to have been given at the time of mailing. Each of the above addressees may, by written notice to the other, designate any further or different addresses to which subsequent notices shall be sent. In addition, the parties hereto may agree to any other means by which subsequent notices may be sent. 1%W Section 7.05 - Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon City and Operator and their respective successors and assigns. Section 7.06 - 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 provisions hereof. Section 7.07 - Amendments. This Agreement may be amended only by a writing signed by City and Operator. Section 7.08 - Execution in Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 7.09 - Applicable Law: Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Alaska. Any civil action brought by any party under this Agreement shall be commenced and maintained in the Superior Court, Third Judicial District, State of Alaska, at Anchorage. City of Seward and Seward Ship's Drydock, Inc. Maintenance and Operating Agreement -11 Page 16 Section 7.10 - Captions. The captions or headings in this Agreement are for convenience only and no way define, limit or describe the scope or intent of any provisions or sections of this Agreement. City of Seward and Seward Ship's Drydock, Inc. Maintenance and Operating Agreement BE, Page 17 :5 In IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. ATTEST: Johanna Kinney, CIVIC City Clerk City of Seward and Seward Ship's Drydock, Inc. Maintenance and Operating Agreement City: CITY OF SEWARD James Hunt City Manager Operator: SEWARD SHIP'S DRYDOCK, INC. James T. Pruitt President Page 18 Exhibit A - Deferred Maintenance DEFERRED MAINTENANCE PROGRAM Backfill transfer pit COMPLETED Renew oil in winch gear box COMPLETED Motor reseal 11 COMPLETED Brake reseal COMPLETED Batter pile repair COMPLETED Coat fasteners COMPLETED Rail alignment COMPLETED Motor dip/bake 7 ea. COMPLETED Line amplifiers COMPLETED Paint gear box COMPLETED Paint structural steel on platform 14,200 COMPLETED Cleaning and tightening electrical connections COMPLETED Repair of wooden decking on platform Replace sill boards COMPLETED Cathodic protection system COMPLETED Coating pipe pile in splash zone (utilizing existing material) Coating of 33 cofferdam cells COMPLETED Cables $12,000 x 28 COMPLETED Motor Cover Repair (replace) COMPLETED Repair control house doors COMPLETED Repair air control system COMPLETED Erosion control COMPLETED Wiring and conduit for warping capstan COMPLETED Lower sheave bearings COMPLETED Winch junction boxes COMPLETED Repair support pile COMPLETED Repair winch covers COMPLETED City of Seward and Seward Ship's Drydock, Inc. Maintenance and Operating Agreement IN Page 19 19 R Exhibit B - Description of SMIC [Attach Plat Map] City of Seward and Seward Ship's Drydock, Inc. Maintenance and Operating Agreement 1z� Page 20 J;;li-21-2000 03:09pri From-SEWARD 0 pl, Rop REWARD MARINE INDUSTRIAL CENTER 01-21-00 16'e5 CITY OF SEWARD, ALASKA F-xhlbit 3 I f:AIQP -q(TPq KEY: LEASED m in AVAILABLE FOR LEASE ll,r�CEIVrl) FF4014:49072247187 ---- — ------ I E� 020050 m in Exhibit C - Fencing Specifications [Attach map showing Fence and Managed Parcel] City of Seward and Seward Ship's Drydock, Inc. Maintenance and Operating Agreement 23 Page V dan-21-1,000 02:14pn from-SEWARD 80A7 HAP.BOR +9072247187 J-- `jam � �_---•;�;; � )� V N - k irk � `7trWA1?D s� r : F-A 7I- Al—;')-00 16:09 T-077 P.010 F-`8 1�x���,fi� Exhibit CTFencinc Scecitl�Ia,�T. s'-FF"rXE Wlw PF C.r * A'l" A M,rJJN,-lr�A OF o .r s :,NAL DE�i1C� iC/'• Cv': ' J� J 1 F�_12PC�E-S� Cn1t,.Y. 'Ti-it�j qp RECEIVED FROW -1-9072247"1 87 �g i 020051 I".'r!, m in Exhibit D - Maintenance Tasks and Schedule In addition to other obligations in this Agreement, all maintenance of the Shiplift Facility shall accomplish and conform with the guidelines in the operation and maintenance manuals, S-2787 and S- 2751, as published by NEI Syncrolift and current standards set by Pearlson Shiplift Corporation Maintenance Records P022 — Seward Ships Drydock Company (as included herein in Exhibit D), Norton Corrosion, and Lloyds of London. City of Seward and Seward Ship's Drydock, Inc. Maintenance and Operating Agreement 15 Page 22 PEA—RLSON OVERVIEW .ex �,b;t D SHIPLIFT MAINTENANCE RECORDS P022 — SEWARD SHIPS DRYDOCK CO. Periodic inspection and maintenance is required to assure the safe, reliable operation of your shiplift and transfer system. The following forms, charts and logs will provide a checklist and comprehensive record of your compliance with recommended maintenance procedures, A loose leaf notebook should be used to file all completed check sheets. A more stringent maintenance schedule may be implemented if it is found to be necessary to accomplish the intent of the maintenance program or to maintain a specific classification requirement. The appropriate record sheet(s) for the maintenance activity to be completed should be copied and used to record all maintenance tasks carried out. Each sheet must be signed and dated by the person responsible for the maintenance of the shiplift transfer system upon completion of the tasks on the sheet. Each week one of the Weekly Maintenance Record forms must be completed and placed in the shiplift maintenance log book. Each third month one Additional Three Monthly Maintenance Record must be completed and placed in the shiplift maintenance log book, along with the Weekly Form. Each sixth month one Additional Six Monthly Maintenance Record must be completed and placed in the shiplift maintenance log book, along with the Weekly and Three Monthly Forms. Each year one Additional Annual Maintenance Record must be completed and placed in the shiplift maintenance log book, along with the Weekly, Three Monthly and Six Monthly Forms. In addition, tasks to be completed less frequently should be entered as comments on the Additional Annual Maintenance Record. These tasks include: 1. Every two years, repaint the hoists as necessary. 2. Every two years, repaint cradles. 3. Every five years, change all gearbox oil, unless testing has shown an earlier change was necessary, 4. Every eight years, strip and examine one set of upper sheave bearings. The bearings should be renewed if there is any sign of pitting, If there is a need to renew the bearings, then all bearings of an equal life must also be stripped and examined. 5. Every eight years or 2,000 operating hours, whichever occurs first, all hoist wire ropes must have been replaced (unless regular NDT rope evaluation is combined with semi-annual visual and annual destructive testing of one wire rope). 6. Every ten years, strip the motors, Clean and examine the stator windings for signs of damaged insulation. Renew the bearings and reassemble. PSC-PO22-SMR-110116-RO Page: 1 of 9 Pearlson Shiplift Corporation a 12030 SW 114th Place, Miami, Florida 33176 Email: lnfo@shlpltft.com Correspondence: Post Office Box 560100, Miami, FL 33256-0100 o Main: (305) 720.2536 Fax: (305) 595-7161 In In PFARL.SON C—z W, yet D SHIPLIFT MAINTENANCE RECORDS P022 — SEWARD SHIPS DRYOOCK CO. RECORDWEEKLY MAINTENANCE Refer to Maintenance Manual for details of tasks to be performed. Smgo-m Q P�r1os0-4.:. a May- - •t p Shiplift Platform 1. Inspect platform decking, ❑ 2. Lubricate the lower sheave bearings. ❑ 3. 1 Verify the platformhas been run at least 6 feet. Cl Shiplift Hoist Sh es 4. Visually Inspect the wire rope lubrication and replenish as required. ❑ Shiplift Transfer System 5. Lubricate the wheel bearings of all cradles which have been submerged. ❑ The above tasks are to be completed each week. Comments and observations: The above tasks have been completed: ❑ YES []NO Signed: Date: PSC-P022-SMR-110118-RO Page: 2 of9 Pearlson Shiplift Corporation a 12030 SW 11Ath Place, Miami, Florida 33176 G Email: info@shiplift.coin Correspondence: Post Office Box 560100, Miami, FL 33256-0100 o Main: (305) 720.ZS36 Fax: (305) 595-7161 In P1EARLSON �it SHIPLIFT MAINTENANCE RECORDS P022 — SEWARD SHIPS DRYDOCK CO. ADDITIONAL MONTH MAINTENANCE• " Refer to Maintenance Manuel for details of tasks to be performed. rge�ct<__r;_ Shiplift Hoist Ropes I. Rotate rope reels In storage. ❑ 2 Inspect load cell transducer pin and anti -rotation bracket. Check that cable connectors are ti ht. Shiplift Hoist 3. Check the enclosed gear drive oil level. Shiplift Transfer System 4. Visually inspect tread and inside flanges of cradle wheels. The above tasks are to be completed with the Weekly Maintenance Tasks. Comments and Observations: n The above tasks have been completed: ❑ YES ❑NO Signed: PSC-P022-SMR-110118-RO Date: Page; 3 of 9 Pearlson Shiplift Corporation o 12030 SW 114th Place, Miami, Florida 33176 Email: info@shipllft.com Correspondence: Post Office Box 560100, Miami, FL 33256-0100 • Main: (305) 720.2536 Fax: (305) 595.7161 In PEARLSON -EX h�b�t D SHIPLIFT MAINTENANCE RECORDS P022 — SEWARD SHIps DRYDOCK CO, -ADDITIONA LSKMONTH MAINTENANCEA'B Refer to Maintenance Manual for details of tasks to be performed. (Rope Inspection and Test Results to be recorded on Rope Inspection LoglChart) (Brake Inspection to be recorded on Brake Inspection Log.) Clean limit switch actuator plate and paint as Shipllft Platform 1 required. Check actuator plate fasteners for ❑ tightness. Shipiift Hoist 2' Visually inspect the wire ropes for broken wires and Ropes wear. Enter results on Wire Roe Inspection Charts. Shiplift Hoists 3. Lubricate upper sheave bearings, pawl pivot, hoist ❑ frame bearings. 4' Lubricate limit switch actuator mechanisms in the hoist limit switch box. 5 Strip brake, inspect, clean out dust and check brake ❑ torque and solenoid air gap. Check Hoist Junction and Limit Switch enclosures 6 are clean and watertight. Check all glands & cables ❑ and tighten all electrical connections. Shipllft Transfer 7 Visually Inspect rails and fasteners. ❑ System 8. Visually Inspect transfer cradle paint ❑ 9 Check cradle and STC wheel U-bolts for torque. ❑ Note any signs of movement and misalignment. The above tasks must be completed in addition to the Weekly and Three Monthly tasks. Comments and Observations; The above task has been completed: ❑ YES Signed: PSC-P 022-SM R-110118-R 0 ONO Date: Page: 4 of 9 Pearlson Shiplift Corporation • 12030 SW 114th Place, Miami, Florida 33176 0 Email: info0shiplifccom Correspondence: Post office Box 560100, Miami, Fl, 33256-0100 • Main: (305) 720.2536 Fax: (305) 595-7161 PEARLSON ..�-�.�Ii���L-i�l�"IE'SHIPLIFT MAINTENANCE RECORDS P022 — SEWARD SHIPS DRYDOCK CO. Refer to Maintenance Manual for details of tasks to be performed. (Lower Sheave Inspection to be recorded on Lower Sheave Inspection Log.) •m o ; S � � s� .. r�. um, •a!r Shipllft Platform 1 Check steel structure (corrosion, welds and protective coating). ❑ 2. Strip and examine at least two lower sheaves. Shiplift Wire Ropes 3' Complete a Visual or NDT examination of selected ropes. Record findin s on Roe Inspection Record. 4. Remove one rope and test to destruction. Shiplift Hoists 5. Check pawl linkage. Adjust as required. 6. Inspect Limit switches NLU, FLU and PLS . 7. Complete a visual examination of 10% of the enclosed gears. Test a sample of oil from each gearbox and replace if test indicates it is necessary ❑ 8. Megger test all hoist motors. Shiplift Load Monitoring system 9. Verify Calibration of the Load Monitoring System. Install the temporary support beams and ad'ustfre air where required. ❑ Shiplift Transfer Systeminspect 10. Check 25% of wheels for wear and disassemble and 10% .. ❑ 11. Check that rail levels and rail joints are within tolerances. ❑ 12. Check the condition of the Side Transfer Carriage steel and decking. ❑ Shiplift Control System 13, Check all electrical connections in the Control Console and Motor Control Center. Functional check the entire Control system in ail modes of operation. ❑ The above tasks are to be completed with the Weekly, Three Monthly and Six monthly tasks Comments and Observations: The above tasks have been completed: ❑ YES ❑NO Signed: Date: PSC-P022-SMR-110116-RO Page: 5 019 Pearlson Shiplift Corporation V 1ZO30 SW 114th Place, Miami,florlda 33176 • Email: info@shlplift.com Correspondence: Post Office Box 560100, Miami, FL 33256-0100 • Main: (305) 720-2536 Fax: (305) 595-7161 g C)b 19 In PEARLSON SHIPLIFT MAINTENANCE RECORDS P022 - SEWARD SHIPS DRYDOCK CO. T T EM:` :R71 Je7 BONN P 'i -IN SHOP&$, IL Comments and Observations: PSC-PO22-SMR-110118-RO pirge" 6 of 9 Pearlson ShJpllft Corporation 0 12030 SW 114th Place, Miami, Flarida33176 0 Email: iiifo@shiplift.com Correspondence: Post Office Box 560100, Miami, FL 33256.0100 * Main: (305) 720-2536 Fax: (30S) S95-7161 PEARLSOIV SHIPLIFT MAINTENANCE RECORDS P022 — SEWARD SHIPS DRYDOCK CO. 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Y:y,,rye ci j)', if i F F F F ;�;ai�"�iwa,=•a'-��� i � �?�,P R .:; ArT^..: '.??aR!�.;;,i< ;• i>ur.: �+PA'R`I!•ia -'"`- • .4. ,��,�P„ART;1�;. `;REP,, �'JCE,�L�1z REPL�A'CED: �i2EPL'AGEIJ� F2EPL'1j��Q%:' ;;>at�:.;:, < • L•`, ':TLfli�'rv:GGER '' i � •.�.' x MEG.�3ER'•`: ME Comments and Observations: PSC-P022-SMR-110118-RO Page: 7 of 9 Pearlson Shiplift Corporation • 12030 SW 114th Place, Miami, Florida 33176 • Emall: Info@shipiift.com Correspondence: Post Office Box 560100, Miami, FL 33256-0100 Main: (305) 720.2536 Fax: (305) 595.7161 i R In PEARLSON --{UQUI"I�'r=� SHIPLIFT MAINTENANCE RECORDS =00P022 — SEWARD SHIPS DRYDOCK CO. WIRE ■ r . CHART IJ SL l V TIQN D TE: HOl11R METER E DD NG yy� �• .iVM��mlw�>.bW'�aV: k COTtST w1: �.1`3��Ss��"`'.�.� W - IWAL i.I •� NDT:=.Z N%SECPTAISOSN � UR%fxB �DEFQRME� �,R9 !a '4EA i.:7 ).. D I Wz- ❑ Pass ❑ Fail ❑ Pass ❑ Fail ❑ Pass ❑ Fail ❑ Pass ❑ Fail [] Pass ❑ Fail ❑ Pass ❑ Fail ❑ Pass ❑ Fail ❑ Pass ❑ Fail ❑ Pass ❑ Fall ❑ Pass ❑ Fail PS C-PO22-S MR-110118-RO Page: 8 of 9 Pearison ShipliftCorporation C 12030 SW 114th Place, Miami, Fla rlda 33176 Email: Info©sliiplift.com Correspondence: Post Office Box S60100, Miami, FL 33256-0100 a Main: (305) 720-2536 Fax: (305) S95.7161 PEARLSON MAINTENANCE RECORDS P022 — SEWARD SHIPS DRYDOCK CO. WIRE ROPE INSPECTION LOG =� � - �,, , rr • :U,= �, �,��:� C� 'fir zr -t���4• ��v'�3 iYt��r :C?`���A `�-a. \ §,\�' Y�i u.; cs'��_'S"b` .1 M� � � err � ■.�■■■■�■■■■ ` SEMEN MENEM MENEM PSC-PO22-SMR- 1101 18-RO Page: 9 of 9 Pearlson Shiplift Corporation - 12030 SW 114th Place, Miami, Florida 33176 - Email: info@shiplacom Correspondence: Post Office Box 560100, Miami, FL 332S6-0100 - Main: (30S3 7Z0-ZS36 Fax: (305) S95-7161 j W9 ictt-2i-2090 03.1irr. From-SEWARO 0, HARBOR Ytcrn Np/; No. t,' +90722A7187 Dvscrjv iorl i-OTT P 00o F-ia2 nano y Mb-NA Oper. B"T, a Circuit Break 12 H3-?�A Oper.. flan to Circuit Break 1 PkZM '3-32-INA Basic Swi h~- NZ M-12, 24, 30 Under. Voltage Trip 110-550V77 ,2 �- DIL 2v-22-NA Universal ontactor 5 DIL 001--22-NA Universal Contactor 2 DIL 00L-4�-NA Relay i 2 DIL 00I--62-NA Relay 2 �- Pk7_M 0-1 NA Manual +toy Starter T 1 --- PkLM 0-1, 61NA Manual . +tor Starter 1 --' Pluj.1 0-10 NA � Manual otor Starner DIL 0-22-NA Pk"LM 3-25-NA Universal' Basic Sa'tch Contactor ? r I Pk7—\,4 3-16-NA Basic St hch .l-D1L =-IAA Coil I 1 9-11 ;6-002 _ Voltage Sauge 2 -! 12X.AX578 0-vercan ent. Relav i 2 '1'2b-3-21'I3, 64 e Flush . ouni Cam S.",ilch HR 311-NA 9 J 2-Panial ,r ~i012 AB Timing Relay _. 7022 AD � � � _ TimingjRe3ay C 37287 A Timing Relay RR 513-NA �T1m1na CN IkVC 15CT Call Relay 2/ 2-Pa*tirl',� .! Jwrrohfr Inventory List ` jla,?e I 020056 n)-21--()f9 I G : Q 6 RECEIVE FROM +9 C47 2247 1 L17 P os - i !gi11-2i-2000 0S:llam FremSF14'AP.D 0 KARROR T90TZ24T18 T-077 P 009 F-%c' 12X;'3X 206 A Undercurrent Relay T 140 MA 60CY 1.60 MA 60CY ' ? = r NZM 6-63 Under Voltage Trip 240-600V 1 .- N72MH 6-63 Under Voltttge Trip 240-600V Various light bulbs, munbers, etc. for console 1 box Various nuts and bolm 1 boa NZM. 12-800 Shunt Trip I, r U-PlaN43-NA 2 A1.3x200 Fuse 6 f- A13x700 Fuse,.--- A13x 250 Fuse 12 AGC10 _ Fuse- 5 / BB S-1 -- Fuse 39 D 1024-C-02-1>2 Valve �----- 1 r- D 1024 C-02-PI _ Valve ___.......___ 1 1F 4575 Control Transformer 7 f C1`3-17 Therutal Overload. Relay 1 CA 3-16 Motor Stancr W10/1_ Relay 3 .� 1 l51 V Incoming Voltage Meter 2 22216 RH 10-77 — _ RollerBeuri»gs W 313 Roller Bearings 200mm, 300mm 82m 2 W33 Roller Bearings 126mm, 200rnm, 75m 23032 M W733 Roller Bearings ~� 120nini, 200mm, 75m 6318 Roller Bearings 2 J /' 6216 62.1 a Roller B&aring:; Roller Bearings 4 2 S�:ncroflfr hivemar_v Licr n1-91-An 16: G7 RF-CV; k90'72?.�17.1 it7 Pa,,,-c 2 020057 p-09 r f- -2HHU 3 =2p^ from-SEi4`OV HARBOR ;3(1�224T B' [-OTT P Qi0 Roller flearjutgs "� f..,....._ 6_311 Roller Bea�'ngs 2 s i 3 1 P Roller 13e ngs 4 +- 6311 ZJQ Rolla Bea�ngs 3 3052 CC/W33 holler Bea ' gs 2 - 23036/ 33 Roller Be ` rgs 718 x 1.5 314 Teflon 0- nos � !` 7116 x 15 314 Teflon Q- n._S 10 ._......:._.......... Air Munger for Pawl 2 Master S+C(or Swill l Ploist Loa {'ell Shuns w/I C..otte Pill 13 '~ Line. AmOfiers 2 god r bad ,•-~ I maybe Various I res for Timing relays I box l-I 1 ? -NI A (apex. t-T n%dl e AP Kr C �p �} 1Pl,F k` 4 � a AP 4 rile 2.5 I 14 � 6 o Wire IVNttr bcm I pkV.. " Brake Gail 3 ,. Brake Fiction Risk 16 ....._. �._ �.,. iot'icnrp War ILit Syncro- ift 2 -' �...�, Right I.. .��.._C'aialc� 2 P .o..._.�... �....�,,.-� l..,eft Leg Cable Capst:111ott?rs �� C41-21-00 16:97 RE E I VFaD FROM: +99722471 87 020058 pgge . OR16110AL... Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2011-072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A MAINTENANCE AND OPERATING AGREEMENT WITH SEWARD SHIP'S DRYDOCK, INC., EFFECTIVE OCTOBER 1, 2011 WHEREAS, the current Maintenance and Operating Agreement ("Agreement") between Seward Ship's Drydock and the City of Seward for the Shiplift Facility is set to expire September 30, 2011; and WHEREAS, due to the economic value of this industry to the community of Seward and the necessary service this business provides to the marine industry, the City wishes to keep the facility open; and WHEREAS, the City of Seward has worked with Seward Ship's Drydock, Inc. over the past several years to address deferred maintenance and to improve the condition of the City's Shiplift Facility; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Manager is authorized and directed to sign, on behalf of the City of Seward, a Maintenance and Operating Agreement in the form presented at this meeting, with Seward Ship's Drydock, Inc. Section 2. This resolution shall take effect immediately after adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 26`h day of September, 2011. THE CITY OF SEWARD ALASKA Willard E. Dunham, Mayor ci�i OIfICa1NkL COUNCIL AGENDA STATEMENT Meeting Date: September 26, 2011 From: Phillip Oates, City Manager Subject: Seward Ship's Drydock Maintenance & Operating Agreement BACKGROUND & JUSTIFICATION The City of Seward has long pursued the development of the Seward Marine Industrial Center, and constructed improvements to the area, including a Syncrolift Shiplift System, Ship Transfer System, and related rails, dock, and breakwater. An initial Maintenance and Operating Agreement was entered into between the City and the Operator, Seward Ship's Drydock, Inc., on April 25, 1995. A second Maintenance and Operating Agreement was signed again on March 30, 2000, and extended several times. The current agreement is set to expire September 30, 2011. The Seward City Council went into Executive Session on Tuesday, March 10, 2009 to discuss possible litigation with Seward Ship's Drydock in regards to their Maintenance and Operating Agreement. Council came out of executive session and made the following motion which was approved by unanimous consent: Instruct the City Manager regarding possible litigation with Seward Ship's Drydock in regards to their maintenance and operating (M&O) agreement. The City Council finds them in default of the M&O agreement. We authorize the city manager to list the discussed defects and conditions, in whatever detail he deems appropriate. If defects that have been discussed are corrected, the council is willing to discuss negotiation of a successor M&O agreement. If conditions, requirements and deadlines as set out by the city manager fail to be met, council will proceed to terminate the M&O agreement because of default. Within 30 days thereafter, the council will act to terminate their ground. lease. Since that time, the parties have entered into several amendments and extended the time for the Operator to complete its deferred maintenance obligations. The cathodic protection system has been replaced, and many of the maintenance issues have been addressed. The Shiplift Facility is now in much better condition than it was five years ago. The new agreement is similar to the prior agreement, and the material changes are explained below. 1. Coatings: An express condition of entering into a new Maintenance and Operating Agreement was completion of the splash zone coatings on the 33 cofferdam cells and pilings. Specifically the Eighth Agreement to Extend provided in part: The Operator will complete the application of coating on the sheet pile and cofferdam cells during the period of this Amendment to no less than 2 feet above mean low water, and to a lower level when tides and weather permit... OP161A)ALo- **A,, 2. Environmental Matters Four outstanding Notices of Violation remain unresolved with the Department of Environmental Conservation. The Operator can be held liable for cleanup and remediation, or the City could be held concurrently responsible, as the owner of the property, if it is found to be contaminated. It is unclear if the owner's existing environmental insurance covers these issues. (Section 2.03 addresses environmental matters. No changes have been made.) 3. Operation and Maintenance Article 3 includes significant amendments. Obligations regarding Deferred Maintenance are deleted to reflect that all Deferred Maintenance has been completed. Section 3.03(b) refers to the maintenance schedule in Exhibit D. A list of persons qualified and assigned to operate the Shiplift Facility, and a weekly schedule of operations, have been deleted as unnecessary. (Sections 3.03(c) and (d)). The Operator is now to determine reasonable hours of operation, rather than the City. (Section 3.03(f)). The Eighth Amendment provided: Upon completion of the coatings, the term of the Maintenance and Operating Agreement shall be extended for a full five year term and the City will withdraw its March 2009 notice of default. The %4W Agreement shall be amended to delete Section 3.02(b). Section 3.03 is deleted and replaced with the following language: Section 3.03 — Operator's Administrative Overhead. Amounts considered to have been expended by Operator for purposes of the Agreement and the Lease shall include only Operator's direct costs for performing maintenance, and providing replacements and improvements, without any allowance for markup or profit. Such amounts may include an allowance for administrative overhead which shall not exceed 10%, provided that the allowance may be increased to a maximum of 13.5% if Operator documents the basis for the increased allowance to the City's satisfaction. Please note that this language does not appear in the new agreement. 4. "Land for Lease" Signs The current agreement expressly allows the City to post "Land for Lease" signs on the fence, to notify potential lessees that lands within the fenced area are not leased to Seward Ship's Drydock, Inc. and are available for lease. The City's original plans for development of the area included possible use by a variety of persons who could take advantage of the City's Shiplift Facility. The new agreement deletes all reference to these signs. CONSISTENCY 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 or Other Plans or Policies: FISCAL NOTE The potential impact on the City for costs associated with the condition of the coatings on the 33 cofferdam cells a U9I6tINlkL- FISCAL NOTE The potential impact on the City for costs associated with the condition of the coatings on the 33 cofferdam cells and pilings are a fiscal concern. The operator was required to complete coating to "no less than 2 feet above mean low water", however, the coating was applied to 7 feet above mean low water. The splash zone is exposed and is continually wet and dry in its exposure which accelerates corrosion and increases the potential for failure. If the pilings and cofferdam cells fail and require replacement, the cost is estimated between $20 and $40 million dollars. The potential impact on the City for outstanding environmental matters is not measurable but in the event the operator does not cleanup and remediate the four outstanding Notices of Violation, the City could be held concurrently responsible as the owner of the property. Finance Department. ATTORNEY REVIEW Yes RECOMMENDATION Council approve Resolution 2011-0111 authorizing the City Manager to enter into the Maintenance and Operating Agreement with Seward Ship's Drydock, Inc.in substantially the form presented at this meeting. M �00 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2012-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING AN ENGINEERING CONTRACT WITH PND ENGINEERS IN THE AMOUNT OF $60,352.50 FOR A VESSEL WASH - DOWN AND WASTEWATER RECYCLING FACILITY AT THE SEWARD MARINE INDUSTRIAL CENTER WHEREAS, the Seward Harbor Department has received grant funding to design a Vessel Wash -Down and Wastewater Recycling Facility (VWDWRF); and WHEREAS, the Seward City Council on January 9, 2012 approved the grant that requires a professional design engineer; and WHEREAS, the City issued a public notice on January 13, 2012 soliciting proposals from qualified firms; and WHEREAS, PND Engineers was chosen as the best qualified firm and they have executed a contract to provide engineering services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager shall execute an engineering contract with PND Engineering for the professional design engineering of the Vessel Wash -Down and Wastewater Recycling Facility. Section 2. Funds in the amount of $60,352.50 were appropriated by Resolution 2012-05 and are available in account no 278-2781-5390. Section 3. This resolution shall take effect immediately. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 12`h day of March 2012. `-0\ Meeting Date: To: Through: From: Agenda Item: Agenda Statement March 12, 2012 City Council City Manager Jim Hunt Mack Funk, Harbormaster Engineering Contract Vessel Wash Down and Wastewater Recycling Facility at Seward Marine Industrial Center BACKGROUND & JUSTIFICATION: The City received a grant for this work from the Exxon Valdez Oil Spill Trustee Council. The City Council approved the grant on January 9, 2012. A public notice requesting proposals from qualified firms was issued on January 13, 2012. Seventeen entities received the public notice. Three engineering firms submitted proposals on February 3, 2012. A panel of four city employees reviewed the proposals and selected the best qualified firm- PND Engineers. This firm has designed other projects for the City of Seward and there is no record of any litigation. References on other similar projects were checked and found satisfactory. A City Engineering Services Contract has been executed by the selected firm. The fee amount is $60,352.50 compared to a budget amount of $72,675. The city also is holding a 10% contingency amount of $8077.50. INTENT: The Council Resolution will authorize the City Manager to execute the engineering contract. The Harbormaster will serve as project manager. It is anticipated that the first phase of work will be completed by May 15, 2012 and the entire design will be completed by the end of 2012. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): Seward Zoning X 2 Strategic Plan (document source here): Seward Marine Industrial Center Development Plan X 3. Other (list): FISCAL NOTE: This project is funded entirely by grant funds (no matching funds required). Approved by Finance Department: X ATTORNEY REVIEW: Yes No X RECOMMENDATION: Council approve Resolution 2012- 40 authorizing the City Manager to execute the engineering contract for the Vessel Wash Down Wastewater Recycling Facility at the Seward Marine Industrial Center. \0;k CERTIFICATE OF PROFESSIONAL LIABILITY INSURANCE ISSUED BY ARCHITECTS AND ENGINEERS INSURANCE COMPANY Form N7706 (08/89) Issue Date: 13-Feb-12 This Certificate is issued as a matter of information only and confers no rights upon the Certificate Holder. This Certificate does not amend, extend or alter the coverage afforded by the Policy. This certifies that a Professional Liability Insurance policy has been issued to the insured named below for the Policy period indicated. Notwithstanding any requirement, term or condition of the contract with respect to which this Certificate may be issued or may pertain, the insurance afforded by the Policy described herein is subject to all the terms, exclusions and conditions of such Policy, and any attachments or endorsements added thereto. INSURED: PND Engineers, Inc. 1506 W. 36th Avenue Anchorage, AK 99503 COMPANY: Architects and Engineers Insurance Company POLICY NO: 09-00001-01 EFFECTIVE DATE: 12/31/2009 EXPIRATION DATE: 12/31/2012 LIMIT: $1,000,000 CERTIFICATE HOLDER: City of Seward ATTENTION: PROJECT: Should the above described Policy be 'canceled before the expiration date, AEIC will mail thirty days (30) written notice to the Certificate Holder named to the left; but failure to mail such notice shall impose no obligation or liability of any kind upon the company. X�a- Won A. Peterson Authorized Representative 2056 Westings Avenue, Suite 20 Naperville, IL 60563 Telephone (800) 437-2342 / Fax (877) 437-2342 M 192 1® ENGINEERS, INC. February 3, 2012 Seward City Clerk's Office City of Seward — City Hall. 410 Adams Street Seward, Alaska 99664 12A-010 Re: Cost Proposal to Provide Professional Engineering Services for the Seward Marine Industrial Center (SAZIC) Vessel Wash -Down and Wastewater Recycling Faciliry To Whom It May Concern: Attached, please find PND Engineers, Inc. estimated budget to perform the services described in our February 3, 2012 Proposal. Sincerely, PND Engineers, Inc. I Anchorage Office Denton W. Braun, P.E. Vice President Attachments: Budget Estimate (1 page) Standard Rate Schedule (1 page) 1506 Vest 3611, Avenue • ANCH0YLAGH, A.L.ISIP--1 99503 • Phone 907.361.1011 • Fax 907.563.4220 ()4 In Pebruary 2. 2012 PI:o1CCl'"rIT'1-1-: Seward iMili-ine Industrial Center VVITNYRF Cl- IFN,I' Cily ofSenard PHASE': Design and Permitting IA 11011: Senior Senior Senior Stafl' SInIT Sr.lnv Cad Task Ellu,. VII Eng. IV Iatg. 1 Hng. V L;ng 11 Scientist 'tech IV Des. V Total Labor No. Task (Scope of Services) I S0,00 140,00 110.00 100.00 35.00 100.00 90.00 90.00 I -lours Cosl I Managemen(, M(gs and Cliem Coord 40 60 20 S 128 116.520.00 2 Desien Devclopmem S 100 SO 40 228 S24,040.00 3 Perm( Documents 2 4 10 20 20 56 S5,600.00 4 City Presentations (assume 1 i S S 4 12 32 S 3.740.00 5 Orrice Construction Support 16 40 16 6 78 S9,420.00 Labor Subtotal 74 0 212 126 4 20 S 79 522 S59.320.00 rOTA1, LAI10R 559,320.00 EXPENSES: Design Cost Expenses Rent Quantity Unil per Unit Markup Cast I Vehicle (Assume 5 Trips) 1250 Miles 50.55 Included S697 50 2 Lodging 0 Days S75.00 I. t S0.00 3 Per Dient 3.5 Days S70.00 Included S245.00 4 Miscellaneous N'A LS 5100,00 Included SI00,00 rOTAI- EXPENSES S1,032.50 Sl RCONSt LTANTS: None S0.00 S0.00 TOTA1, SUIICONSULTANI:S SO.00 owl - Labor S59.320.01 btal - 6s1301SeS S 1.032.51 '01al - Subconsuhants SO.0 'OTAL (Time and Materials Estimate) S60,352.5, V S ENGINI�r I2S, INC.,. Professional: Surveyors: Technicians: PND ENGINEERS, INC. STANDARD RATE SCHEDULE EFFECTIVE MAY 2011 Regular Rntc Senior Engineer VII $180.00 Senior Engineer VI $165.00 Senior Engineer V $15C).00 Senior Engineer 1N' $140.00 Senior Engineer III $130.00 Senior Engineer II $120.00 Senior Engineer I $110.Op Staff Engineer V $100.00 Staff Engineer IV $95.00 Staff Engineer I1I $90.00 Staff Engineer II $85.0() Staff Engineer I $80.()0 Senior Environmental Scientist $100.00 Environmental Scientist $90.00 GIS Specialist $9Q.00 Senior Land Surveyor $105.00 Land Stir(%eyor I $95.00 Technician VI $125.00 "Technician V $105,00 Technician IV $90.00 Technician 1II $80,00 Technician II $75.00 Technician 1 $70.00 CAD Designer V $90.()0 CAD Designer IV $85.00 CAD Designer III $70.00 10 m 0 AC40RL>CERTIFICATE OF LIABILITY INSURANCE 2/13M/DD//2012/13 PRODUCER (907) 561-1250 FAX: (907) 561-4315 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Alaska USA Insurance Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Box 196530 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR LALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Anchorage AK 99519 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A:American Fire & Casualty PND Engineers, Inc. INSURERB:Ohio Casualty Insurance 1506 W. 36th Avenue INSURERc:Liberty Northwest INSURER D: Anchorage AK 99503 INSURERE rfiVFRArFC THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OISUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. OF I NC POLICYNUMBER POLICY EFFECTIVE DAT MM/ DIY Y POLICY EXPIRATION ATE MMI DrMY LIMITS ILITY EACHOCCURRENCE $ 11000,000 CIAL GENERAL LIABILITY IMS MADE X❑OCCUR MPOLICY KA1254207948 10/1/2011 10/1/2012 AMA NPREMISES Ea occurrence $ 1, 000,000 MEDEXP(Anyoneperson) $ 15,000 SONAL & ADV INJURY $ 11000,000 GENERAL AGGREGATE $ 2,000,000 GATE LIMIT APPLIES PER: PRO LOC JECT PRODUCTS - COMP/OP AGG $ 2,000,000 AUTOMOBILE X LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ 11000,000 A ALL OWNED AUTOS SCHEDULED AUTOS BAA1254207948 10/1/2011 10/1/2012 BODILY INJURY (Per person) $ X HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS/ UMBRELLA LIABILITY X OCCUR El CLAIMS MADE EACH OCCURRENCE $ 4,000,01711) AGGREGATE $ 4,000,000 $ B DEDUCTIBLE US01254207948 10/l/2011 10/1/2012 $ RETENTION $ c WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) C41NC014837011 10/1/2011 10/1/2012 X I WCSTATU- OTH- E.L. EACH ACCIDENT $ 11000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 11000,000 OTHER DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES/ EXCLUSIONSADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Project: 121023 The City of Seward is an Additional Insured on the General Liability policy, but only if required by written contract or written agreement, per General Liability Extension Endorsement Additional Insured provision CG8810(10/09). The City of Seward is granted Waiver of Subrogation on the General Liability and Workers, Compensation policies as respects the referenced project subject to the policy terms, conditions and exclusions. It is agreed that such CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN City of Seward NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL PO Box 167 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Seward, AK 99644 REPRESENTATIVES. ACORD 25 (2009101) I N S025 (200901).01 AUTHORIZED REPRESENTATIVE IB Nolin, CIC, CISR/BR RA,6@ ,-� ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD tot IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. INS025 (200901).01 0 COMMENTS/REMARKS insurance as afforded the City of Seward on the General Liability & Automobile policies shall be primary and non-contributory with any other insurance in force for or which may be purchased by the City of Seward. COPYRIGHT 2000, AMS SERVICES INC. OFREMARK CITY OF SEWARD P. 0. I3ox 167 410 Adams Street Seward, Alaska 99664 February 8, 2012 Kenton Braun PND Engineers 1506 West 36th Avenue Anchorage, Alaska 99503 RE: Vessel Wash Down and Wastewater Recycling Facility NOTICE OF INTENT TO AWARD Dear Mr. Braun, Harbor Department 907.224.3138 907.224.7187 fax harbormaster «cityolsci+ard.nct The City of Seward intends to award the Engineering Services Contract for the Vessel Wash Down and Wastewater Recycling Facility to your firm PND Engineers as the best qualified proposer for this project. I have included the City's proposed contract with this letter for your convenience. Please note that the City's Request for Proposals and the PND Engineers Proposal are included as Exhibits of the contract. Your total time and materials, not to exceed cost estimate was $60,352.50 for this project. The award of the contract is also contingent upon City Council approval which is scheduled to take place on February 27, 2012. The City Council may reject any or all proposals and may waive minor irregularities in the proposals. I will be contacting you today to begin discussing the proposed contract and further details. If you have questions, please don't hesitate contacting me at 907.224.4357 or through email to mfunk2cityofsewd.net. Sincerely, Mack Funk Seward Harbormaster ilk in Professional Services Agreement with PND Engineering For Engineering Services This AGREEMENT, made and entered into this 22"d day of February, 2012 by and between the CITY OF SEWARD, a home rule municipal corporation located within the Kenai Peninsula Borough and organized under the laws of the State of Alaska, hereinafter referred to as the "City" and PND Engineers, Inc., a corporation authorized to do business in Alaska, with offices located at 1506 W 36th Avenue, Anchorage, Alaska 99503, hereinafter referred to as the "Contractor." WITNESSETH WHEREAS, the City of Seward wishes to enter into a contract with an independent contractor to provide engineering services; and WHEREAS, in response to a request for proposals, PND Engineers, Inc. submitted a proposal asserting it is qualified to perform these services and able to do so in a timely manner; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1.0 DEFINITIONS 1.1 "Agreement" shall mean this Professional Services Agreement, including: Exhibit A — proposal dated February 3, 2012 Exhibit B — City's request for proposals dated January13, 2012. 1.2 "Change Order" is an addition to, or reduction of, or other revision approved by the City in the scope, complexity, character, or duration of the services or other provisions of this Agreement. 1.3 "City" shall all mean the City of Seward, Alaska. 1.4 "Contracting Officer" shall mean Harbormaster, and include any successor or authorized representative. 1.5 "Project" shall mean the planning, design and other tasks related to construction of a Vessel Wash Down and Wastewater Recycling Facility in Seward, Alaska, as further described in the City's RFP. Page 1 of 9 Ii1 2.0 TERM OF AGREEMENT. This Agreement shall take effect upon execution. This Agreement shall remain in full force and effect until the Project has been completed and further, until all claims and disputes have been concluded. The work is considered complete when the City has received and found acceptable the finished product of all work described in 4.0 Scope of Services or changes thereto. This date is not necessarily the Completion Date as described in 5.0 Completion Date, This Agreement may be amended only in writing and upon compliance with all applicable statutes, ordinances, and regulations. 3.0 FEES. [ to be completed based on accepted proposal 4.0 SCOPE OF SERVICES. The City and Contractor have agreed upon a scope of work described in the Contractor's proposal, Exhibit A, to provide professional services based on approved standards and instructions as specifically described in Exhibit B. This Scope of Services can only be changed in writing pursuant to Section 26.0 of this Agreement. 5.0 SCHEDULE FOR COMPLETION. The schedule for completion for all work described herein shall be as follows: February 27, 2012 — Contract Awarded May 1, 2012- 35% Design completed May 15, 2012- Permit applications submitted June 15, 2012- 65% Design completed September 6, 2012- 95% Design completed October 31, 2012- Design completed specifications 2013 - Construction 6.0 PERSONNEL/ORGANIZATION In including construction plans and 6.1 Key Personnel. Work and services provided by the Contractor will be performed by: Kenton Braun, Principal -In -Charge Misty Butler, Project Manager 6.2 Changes in Key Personnel. The Contractor shall give the City reasonable advance notice of any necessary substitution or change of key personnel and shall submit justification therefore in sufficient detail to permit the City to evaluate the impact of such substitution on this Agreement. No Page 2of9 substitutions or other changes shall be made without the written consent of the City. 7.0 STANDARD OF PERFORMANCE. The Contractor agrees to provide all required professional services to complete the project and any additions or changes thereto. The Contractor accepts the relationship of trust and confidence established between it and the City by this Agreement. The Contractor covenants with the City to furnish its best skill and judgment, and to further the interest of the City at ail times through efficient business administration and management. The Contractor shall provide all services in a competent manner. It is understood that some of the services to be rendered hereunder required professional judgment and skill. In those cases, the Contractor agrees to adhere to the standards of the applicable profession. 8.0 TIMELINESS OF PERFORMANCE. Time is of the essence in this Agreement. Contractor's failure to meet any such deadlines or required performance may adversely imperil other contractual obligations of the City. If the Contractor fails to deliver the engineering design documents by December 31, 2012, Contractor shall pay as liquidated damages and not as penalty $ 100 per day for each day after January 5, 2013 that the documents are not delivered. 9.0 COMPLIANCE WITH LAWS. The Contractor shall be familiar with and at all times comply with and observe all applicable federal, state and local laws, ordinances, rules, regulations, and executive orders, all applicable safety orders, all orders or decrees of administrative agencies, courts, or other legally constituted authorities having jurisdiction or authority over the Contractor, the City, or the service which may be in effect now or during performance of the services. Contractor shall have a Seward and State of Alaska Business License. 10.0 INDEMNITY. The Contractor shall indemnify, defend, and hold and save the City, its officers, agents and employees harmless from any claims or liability of any nature or kind including costs and expenses (including attorneys' fees), for or on account of any and all legal actions or claims of any character whatsoever alleged to have resulted from injuries or damages sustained by any person or persons or property (including contract rights or intangible assets) and arising from, or in connection with, performance of this Agreement, and caused in whole or in part by any negligent act or omission of the Contractor; provided, however, that this paragraph shall not be construed so as to require indemnification of the City from such claims, damages, losses, or expenses caused by or resulting from the negligence of the City. 11.0 INSURANCE. The Contractor understands that no City insurance coverage, including Workers' Compensation, are extended to the Contractor while completing the terms of this Agreement. The Contractor shall carry adequate (commercially reasonable coverage levels) insurance covering Workers' Compensation to Alaska statute, general commercial liability, automobile liability, Page 3 of 9 professional liability, and property damage including a contractual liability endorsement covering the liability created or assumed under this Agreement. The Contractor shall not commence work under this Agreement or any work on any phase of the Project until the Contractor provides the City with certificates of insurance evidencing that all required insurance has been obtained. These insurance policies and any extension or renewals thereof must contain the following provisions or endorsements: a. City is an additional insured thereunder as respects liability arising out of or from the work performed by Contractor of City of Seward. The Contractor shall procure and maintain during the life of this Agreement, Commercial General Liability Insurance on an "occurrence basis" with limits of liability not less than $ 2 Million per occurrence and $ 2 Million aggregate combined single limit, personal injury, bodily injury and property damage. b. Contractor shall procure and maintain during the life of this Agreement Professional Liability- Errors and Omissions Insurance on an "occurrence basis" with limits of liability not less than $1,000,000 per occurrence. c. Contractor shall procure and maintain during the life of this agreement, Motor Vehicle Liability Insurance, including no-fault coverage with limits of liability not less than $1,000,000 per occurrence combined with single limit Bodily Injury and Property Damage. d. Insurer waives all rights of subrogation against City of Seward and its employees or elected officials. e. The insurance coverage is primary to any comparable liability insurance carried by the City of Seward. The following shall be Additionally Insureds, The City of Seward, including all elected and appointed officials, commissioners and employees. g. City will be given thirty (30) days prior notice of cancellation or material alteration of any of the insurance policies specified in the certificate. Upon request, Contractor shall permit the City to examine any of the insurance policies specified herein. Any deductibles or exclusions in coverage will be assumed by the Contractor, for account of, and at the sole risk of the Contractor. 12.0 GOVERNING LAW. The laws of Alaska will determine the interpretation, performance and enforcement of this Agreement. Page 4 of 9 1 4 13.0 OWNERSHIP OF WORK PRODUCTS. Payment to the Contractor for services hereunder include full compensation for all work products and other materials produced by the Contractor and its subcontractors pertaining to this Agreement. The originals of all material prepared or developed by the Contractor or its employees, agents, or representatives hereunder, including documents, drawings, designs, calculations, maps, sketches, notes, reports, data, models, computer tapes, and samples shall become the property of the City when prepared, whether delivered or not, and shall, together with any materials furnished the Contractor and its employees, agents, or representatives by the City hereunder, be delivered to the City upon request and, upon termination or completion of this Agreement. Materials previously created and copyrighted by the Contractor included in this project will remain property of the Contractor. Copies will be made available to the City upon request. Materials purchased from and copyrighted by third parties are not included in this provision. 14.0 PATENTS, TRADEMARKS, AND COPYRIGHTS. The Contractor agrees to defend, indemnify, and save the City harmless from and against any and all claims, costs, royalties, damages and expenses of any kind of nature whatsoever (including attorneys' fees) which may arise out of or result from or be reasonably incurred in contesting any claim that the methods, processes, or acts employed by the Contractor or its employees in connection with the performance of services hereunder infringes or contributes to the infringement of any letter patent, trademark, or copyright. In case such methods, processes, or acts are in suit held to constitute infringement and use is enjoined, the Contractor, within reasonable time and at its own expense, will either secure a suspension of the injunction by procuring for the City a license or otherwise, or replace such method, process, etc., with one of equal efficiency. 15.0 NONWAIVER. No failure of the City or Contractor to insist upon the strict perfor- mance by the other of any of the terms of this Agreement or to exercise any right or remedy herein conferred shall constitute a waiver or relinquishment to any extent of its rights to rely upon such terms or rights on any future occasion. Each and every term, right, or remedy of this Agreement shall continue in full force and effect. 16.0 SAFETYIPERFORMANCE. The Contractor shall perform the work in a safe and workmanlike manner. The Contractor shall comply with all federal and state statues, ordinances, orders, rules, and regulations pertaining to the protection of workers and the public from injury or damage, and shall take all other reasonable precautions to protect workers and the public from injury or damage. 17.0 SUSPENSION OR TERMINATION. 17.1 Fault Termination or Suspension. This Agreement may be terminated by Page 5 of 9 either party upon ten (10) days written notice if the other party fails substantially to perform in accordance with its terms. If the City terminates this Agreement it will pay the Contractor a sum equal to the percentage of work completed and accepted by the City that can be substantiated by the Contractor and the City, offset by any amounts owed to the City. However, within the ten (10) day Notice of Intent to terminate the party in default shall be given an opportunity to present a plan to correct its failure. 17.2 Convenience Suspension or Termination. The City may at any time terminate or suspend this Agreement for any reason including its own needs or convenience. In the event of a convenience termination or suspension for more than six (6) months, the Contractor will be compensated for authorized services and authorized expenditures performed to the date of receipt of written notice of termination or suspension. No fee or other compensation for the uncompleted portion of the services will be paid, except for already incurred indirect costs which the Contractor can establish and which would have been compensated but because of the termination or suspension would have to be absorbed by the Contractor without further compensation. 17.3 Activities Subsequent to Receipt of Notice of Termination or Suspension. Immediately upon receipt of a Notice of Termination or suspension and except as otherwise directed by the City or its Representative, the Contractor shall: a. stop work performed under this Agreement on the date and to the extent specified in the Notice; and b. transfer title to the City (to the extent that title has not already been transferred) and deliver in the manner, at the times, and to the extent directed by the City's representative, work in progress, completed work, supplies, and other material produced as a part of, or acquired in respect of the performance of the work terminated or suspended by the Notice. 18.0 EQUAL EMPLOYMENT OPPORTUNITY. The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, or because of age, physical handicap, sex, marital status, change in marital status, pregnancy, or parenthood when the reasonable demands of the position do not require distinction on the basis of age, physical handicap, sex, marital status, changes in marital status, pregnancy, or parenthood. The Contractor shall take affirmative action required by law to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, national origin, ancestry, age, or marital status. Page 6 of 9 ��p 19.0 NO ASSIGNMENT OR DELEGATION. The Contractor may not assign, subcontract or delegate this Agreement, or any part of it, or any right to any of the money to be paid under it without written consent of the Contracting Officer. 20.0 INDEPENDENT CONTRACTOR. The Contractor shall be an independent contractor in the performance of the work under this Agreement, and shall not be an employee or agent of the City. 21.0 PAYMENT OF TAXES. As a condition of performance of this Agreement, the Contractor shall pay all federal, state and local taxes incurred by the Contractor and shall require their payment by any other persons in the performance of this Agreement. 22.0 PRECEDENCE AND DIVISIBILITY. The provisions of this Agreement shall fully govern the services performed by the Contractor. If any term, condition, or provision of this Agreement is declared void or unenforceable, or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. 23.0 ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties as to the services to be rendered by the Contractor. All previous or concurrent agreements, representations, warranties, promises, and conditions relating to the subject matter of this Agreement are superseded by this Agreement. 24.0 COMPLETION OF WORK, TERM OF AGREEMENT. The Contractor shall perform all work in a timely fashion, and in accordance with the schedules included in this Agreement and Exhibits, 25.0 CLAIMS AND DISPUTES. Venue for all claims and disputes under this Agreement, if not otherwise resolved by the parties, shall be in the appropriate Alaska State court in Anchorage, Alaska. 26.0 CHANGES IN SCOPE OF WORK. 26.1 General. No claim for additional services not specifically provided in this Agreement will be allowed, nor may the Contractor do any work or furnish any materials not covered by the Agreement unless the work or material is ordered in writing by the Contracting Officer. Preparation of Change Orders and design changes, due to errors and/or omissions by the Contractor, will be done at the sole expense of the Contractor. 26.2 Changes in Scope of Work. The City or its time, by a written Change Order delivere d Page 7 of 9 26.3 Compensation to the Contractor. If any Change Order for which compensation is allowed under this Article causes an increase or decrease in the estimated cost of, or time required for, the performance of any part of the work under this Agreement, or if such change otherwise affects other provisions of this Agreement, an equitable adjustment will be negotiated. Such an adjustment may be: a. in the estimated cost or completion schedule, or both; b. in the amount of fee to be paid; and c. in such other provisions of the Agreement as may be affected, and the Agreement shall be modified in writing accordingly. 26.4 Any claim by the Contractor for adjustment under this section must be asserted within fifteen (15) days from the day of receipt by the Contractor of the notification of change; provided, however, that the City or its representative, deciding that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this Agreement. Failure to agree to any adjustment shall be a dispute within the meaning of Section 25.0 of this Agreement. 27.0 LIMITATION OF FUNDS. 27.1 At no time will any provision of this Agreement make the City or its representative liable for payment for performance of work under this Agreement in excess of the amount that has been appropriated by the City Council and obligated for expenditure for purposes of this Agreement. 27.2 Change orders issued pursuant to Section 26 of this Agreement shall not be considered an authorization to the Contractor to exceed the amount allotted in the absence of a statement in the change order, or other modification increasing the amount allotted. 27.3 Nothing in this Section shall affect the right of the City under Section 17 to terminate this Agreement. 28.0 PRIOR WORK. For the purposes of this Agreement, work done at the request of the City or its representative before execution of this Agreement shall be deemed to be work done after its execution and shall be subject to all the conditions contained herein. 29.0 NOTICES. Any notices, bills, invoices, or reports required by the Agreement shall be sufficient if sent by the parties in the United States. mail, postage paid, to Page 8 of 9 the address noted below: City of Seward Harbormaster PO Box 167 Seward, Alaska 99664-0167 PND Engineers 1506 W. 36" Ave. Anchorage, AK 99503 IN WITNESS WHEREOF, the parties have executed this Agreement. City of Seward PND Engineers, Inc. By: James Hunt By: Kenton Braun Title: City Manager Title: Vice Presidet Date: Date: -2— 2. ATTEST: Johanna Kinney, CMC City Clerk (city seal) Page 9 of 9 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2012-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO PURCHASE A REPLACEMENT VEHICLE IN THE FORM OF A 2012 FORD ESCAPE TO REPLACE THE 1992 CHEVROLET BLAZER IN THE AMOUNT OF $22,085 WHEREAS, the Seward City Council has been presented in the 2012 motor pool budget a vehicle replacement number 526 Chevrolet Blazer in the amount of $40,000; and WHEREAS, the old vehicle number 526 has been decommissioned and recommissioned at least three times; and WHEREAS, the old vehicle due to maintenance has become inordinantly expensive, including an unidentified electrical short, that continually discharges the battery; and WHEREAS, a more economical vehicle has been chosen for purposes of frequent meetings by the electric department in Anchorage and with the capability of reaching off -road areas during emergency situations; and WHEREAS, the electric department having identified the Ford Escape as a vehicle that will swo accomplish the identified needs as well as reduce the fuel consumption for the City; and WHEREAS, the old truck is unable to be used as a trade-in due to concerns about driving it to Anchorage and will be placed in the next surplus sale; and WHEREAS, quotes from three merchants having been obtained and the lowest cost option being selected. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is authorized to purchase a 2012 Ford Escape in the amount of $22,085. Section 2. The funds will be allocated from the Motor Pool Purchase account number 102- 1020-5930. Section 3. This resolution shall take affect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 12`h day of March, 2012. VU Meeting Date: To: Through: From: Agenda Item: Agenda Statement March 12, 2012 City Council City Manager Jim Hunt John Foutz, Electric Utility Purchase of New Vehicle to Replace vehicle number 526 BACKGROUND & JUSTIFICATION: In the 2012 motor pool fund, the amount of $40,000 is allocated to purchase a new vehicle to replace a 1992 Chevy Blazer (vehicle 4 526 formerly # 304). The electric department started searching for options because this vehicle needs replacing due to continued maintenance issues. The mechanics have been unable to identify a short circuit that causes the vehicle's battery to discharge on a regular basis if not driven at least once every three days. This vehicle is essentially needed by the electric department to transport the field engineer, tools and materials throughout the electric system to assist in customer service. The electric department is transitioning to a more economical vehicle for purposes of commuting to Anchorage for meetings and training, however the new vehicle must also go to service locations outside the normally maintained road system, requiring four wheel drive. The option of using the twenty -year -old old vehicle as a trade-in has been explored, but because of doubts about the likelihood the vehicle would safely make it to Anchorage and the low estimated resale value, the idea was discarded. The base price of the new vehicle is $22,085. INTENT: To purchase a safe, reliable, and economic vehicle to replace a twenty -year -old vehicle. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): X 2. Strategic Plan (document source here): X 3. Other: 2012 Motor pool fund X FISCAL NOTE: _ The 2012 motor pool budget includes funding in the amount of $40,000 for this purchase. Approved by Finance Department: ATTORNEY REVIEW: Yes No X 1 -,IA RECOMMENDATION: Council approve Resolution 2012- 0Zt, authorizing the City Manager to purchase a Ford Escape for $22,085 as a replacement vehicle for the 1992 Chevy Blazer number 526. ) 3;� rt N g � n 77 http://www.continental-subarti.com/ne�,vlSubarttl2Ol2-Subaru-Forester-94d69O84OaOa006401 dle01f9 Continental Subaru 4900 Old Seward Hwy, Anchorage, AK 99503 Sales: (907)562-2722 New Subaru Specs and Details New 2012 Subaru Forester 2.5X w/Alloy Wheel V Pkg For Sale I Anchorage AK Call Now (907)562-2722 T"ISVEHICtE IS rN T"NSrr Asking Price Engine Transmission Ext. Color Int. Color Stock Number Vin Model Code City MPG Hwy MPG At reiiing gill viny with options, driving eone iiions, habits and Vehicle condition. $23,984 2.5L H-4 cyl 5-Speed Manual Ice Silver Dark Gray 42841 JF2SHBBC5CG432388 CFA 2.1 27 n http:Hwww.continental-subaru.com/new/Subaru/2012-Subaru-Forester-94d690840aOa006401 d 1 e01 f9... This vehicle is located at Continental Subaru 4900 Old Seward. Ilwy Anchorage, AK 99503 Please Call (907)562-2722 2012 Subaru Forester 2.5X w/Alloy Wheel Value Pkg Options Features Tech Specs All Weather Floor Mats ENTERTAINMENT FEATURES POWERTRAIN Alloy Wheel Value Package CD player Engine liters: 2.5 Black Roof Rails Radio data system Torque: 174 lb.-ft. @ 4,10 MP3 decoder Cylinder configuration: H- AM/FM radio Variable valve control SEATS AND TRIM Fuel economy highway: 2" Rear seat center armrest Sequential multi -point fire. Front seats: bucket Number of valves: 16 Front center armrest Recommended fuel: regal, Split folding rear seat Transmission: 5 speed mai Rear seats: bench Horsepower: 170hp @ 5,8 Max seating capacity: 5 Fuel tank capacity: 16.9ga WARRANTY Fuel economy city: 21 mpg Corrosion perforation warranty: 60 Drive type: all -wheel drive months/ unlimited distance Engine location: front Basic warranty: 36 SUSPENSION/HANDLIT months/36,000miles Rear tires: 215/65HR16.0 Roadside assistance coverage: 36 Rear anti -roll bar month s/36,000miles Power steering Powertrain warranty: 60 Front tires: 215/65I-IR16.0 months/60,000miles Alloy wheels CONVENIENCE FEATURES Front anti -roll bar Power windows Four wheel independent sL Passenger door bin Wheel size: 16" Remote keyless entry SPECS AND DIMENSIO'. Rear beverage holders Exterior body width: 1,781 Passenger vanity mirror Curb weight: 1,474kg (3,2 Driver vanity mirror Payload: 408kg (900lbs) Overhead console GV WR: 2,032kg (4,4801b: 1-touch down Compression ratio: 10.50 t Front beverage holders Rear hiproom: 1,339mm (: Illuminated entry Engine horsepower: 170hI Speed control 5,800RPM Driver door bin Rear legroom: 9651nrn (38 Air conditioning Passenger volume: 3,047L Tilt steering wheel cu.ft.) Rear door bins Rear headroom: 1,0261nin BODY EXTERIOR Exterior height: 1,699mm Power door mirrors Wheelbase: 2,616mm (103 Roof rack: rails only Engine bore x stroke: 94.0 Bumpers: body -color 89.9mm (3.70" x 3.54") LIGHTING, VISIBILITY AND Turning radius: 5,2m (17.� INSTRUMENTATION Front hiproom: 1,344nim Front reading lights Air Pollution Score (AP): . Low tire pressure warning Front headroom: 1,057mrr.! IQ http://www.continental-subaru.coii /new/Subaru/2012-Subaru-Forester-94d690840a0a00640ldIe01 f9... Trip computer Towing capacity: 1,089kg Variably intermittent wipers Exterior length: 4,559mm Rear window wiper Greenhouse Gas Score (G( Outside temperature display Engine displacement: 2.5 1 Tachometer Engine torque: 174 lb.-ft, { Rear window defroster 4,1 OORPM SAFETY AND SECURITY Interior maximum cargo v Brake assist 1,934 L (68 cu.ft.) Overhead airbag Front legroom: 1,095mm Electronic stability Rear shoulder room: 1,412 Dual front impact airbags Front shoulder room: 1,42. Occupant sensing airbag Interior cargo volume: 94S Panic alarm cu.ft.) Dual front side impact airbags OFF -ROAD CAPABILI I'' Traction control Approach angle: 25 deg Ignition disable Ground clearance (min): 2 ABS brakes (8.7) 4 wheel disc brakes Departure angle: 26 deg Security system Ramp breakover angle: 21 Anti -whiplash front head restraints * While every reasonable f to ensure the accuracy of this data, we are not responsible for any errors or omissions contained on these verify any information in question with a dealership sales representative. * Although every reasonable effort has been made to insure the accuracy of the information contained on absolute accuracy cannot be guaranteed. This site, and all information and materials appearing on it, are 1 the user "as is" without warranty of any kind, either express or implied, including but not limited to the it warranties of merchantability, fitness for a particular purpose, title or non -infringement. All vehicles are prior sale. Price does not include applicable tax, title, and license. Not responsible for typographical error *In transit means that vehicles have not yet arrived at your dealer. Images shown may not necessarily relr identical vehicles in transit to your dealership. See your dealer for actual price, payments, final accessori( delivery date and complete details. —SU13ARU PARISwn TR Y�� http://www.continental-stibaru.com/new/Subaru/2012-Subaru-Forester-8a8470tl)OaOdO48eOO7dO8209... Continental Subaru 4900 Old Seward Hwy, Anchorage, AK 99503 Sales: (907)562-2722 New Subaru Specs and Details New 2012 Subaru Forester 2.5X w/Alloy Wheel V Pkg For Sale I Anchorage AK Call Now (907)562-2722 m Asking Price Engine Transmission Ext. Color Int. Color Stock Number Vin Model Code City MPG Hwy MPG Actual rating will I'my a•iih options, driving condilions, habits and vehicle condition. This vehicle is located at $25,184 2.5L H-4 cyl 4-Speed Automatic Obsidian Black Pearl Dark Gray 42785 JF2SHBBC4CH428116 CFB 21 27 m Continental Subaru 4900 Old Seward Hwy Anchorage, AK 99503 -17 http:H\vww.continentaI-subaru.com/new/Subaru/2012-Subaru-Forester-8a8470fb0a0d048e007dO8209 Please Call (907)562-2722 2012 Subaru Forester 2.5X w/Alloy Wheel Value Pkg Options All Weather Floor Mats Alloy Wheel Value Package Black Roof Rails Features ENTERTAINMENT FEATURES CD player Radio data system MP3 decoder AM/FM radio SEATS AND TRIM Rear seat center armrest Front seats: bucket Front center armrest Split folding rear seat Rear seats: bench Max seating capacity: 5 WARRANTY Corrosion perforation warranty: 60 months/ unlimited distance Basic warranty: 36 months/36,000miles Roadside assistance coverage: 36 inonths/36,000miles Powertrain warranty: 60 months/60,000miles CONVENIENCE FEATURES Power windows Passenger door bin Remote keyless entry Rear beverage holders Passenger vanity mirror Driver vanity mirror Overhead console I -touch down Front beverage holders Illuminated entry Speed control Driver door bin Air conditioning Tilt steering wheel Rear door bins BODY EXTERIOR Power door mirrors Roof rack: rails only Bumpers: body -color LIGHTING, VISIBILITY AND INSTRUMENTATION Front reading lights Low tire pressure warning Trip computer Variably intermittent wipers Rear window wiper o�. T Tech Specs POWERTRAIN Engine liters: 2.5 Torque: 174 lb.-ft. @ 4,10 Cylinder configuration: I-l- Variable valve control Fuel economy highway: 2" Manual -shift auto Sequential multi -point fue. Number of valves: 16 Recommended fuel: regul, Transmission: 4 speed autc Horsepower: 170hp @ 5,8 Fuel economy city: 21 mpg Fuel tank capacity: 16.9ga Drive type: all -wheel drivf Engine location: front SUSPENSION/IIANDLIl Rear tires: 215/65I-IR16.0 Rear anti -roll bar Power steering Front tires: 215/65HR 16.0 Alloy wheels Front anti -roll bar Four wheel independent st Wheel size: 16" SPECS AND DIMENSIO'. Exterior body width: 1,781 Curb weight: 1,520kg (3,3 Payload: 408kg (9001bs) GVWR: 2,032kg (4,4801b: Compression ratio: 10.50 t Rear hiproorn: 1,339mm (: Engine horsepower: 170hr 5,800RPM Rear legroom: 9651-nm (38 Passenger volume: 3,047L cu. ft. ) Rear headroom: 1,026mm Exterior height: 1,699mm Wheelbase: 2,616mm (10- Engine bore x stroke: 94.0 89.9mm (3.70" x 3.54") Turning radius: 5.2m (17.', Front hiproom: 1,344mrn ( Air Pollution Score (AP): Front headroom: 1,057nin, Towing capacity: 1,089kg Exterior length: 4,559mm http://www.continental-sLibaru.com/new/Subaru/2O l 2-Subaru-Forester-8a8470fb0a0d048e007d08209... Outside temperature display Greenhouse Gas Score (G( Tachometer Engine displacement: 2.5 1 Rear window defroster Engine torque: 1.74 lb.-ft. SAFETY AND SECURITY 4,1 OORPM Brake assist Interior maximum cargo v, Overhead airbag 1,934 L, (68 cu.ft.) Electronic stability Front legroom: 1,095mm Dual front impact airbags Rear shoulder room: 1,412 Occupant sensing airbag Front shoulder room: 1,42. Panic alarm Interior cargo volume: 94S Dual front side impact airbags cu.ft.) Traction control OFF -ROAD CAPABILITY Ignition disable Approach angle: 25 deg ABS brakes Ground clearance (min): 2 4 wheel disc brakes (8.7") Security system Departure angle: 26 deg Anti -whiplash front head restraints Ramp breakover angle: 21 * While every reasonable effort is made to ensure the accuracy of this data, we are not responsible for an omissions contained on these pages. Please verify any infornation in question with a dealership sales rep * Although every reasonable effort has been inade to insure the accuracy of the information contained on absolute accuracy cannot be guaranteed. This site, and all information and materials appearing on it, are I the user "as is" without warranty of any kind, either express or implied, including but not Iiinited to the rr warranties of merchantability, fitness for a particular purpose, title or non -infringement. All vehicles are prior sale. Price does not include applicable tax, title, and license. Not responsible for typographical error *In transit means that vehicles have not yet arrived at your dealer. Images shown may not necessarily ref_ identical vehicles in transit to your dealership. See your dealer for actual price, payments, final accessori( delivery date and complete details. —SUOARU PAfl'i'$— fief" � V Vernon WYillet ,, From: Hertz Of Seward Rental Car <info@rentacaralaska.com> Sent: Tuesday, January 31, 2012 9:09 AM To: Vernon Willet Subject: Confirmation on Selling Ford Escapes To whom it may concern, Our vehicles that you are very interested in buying are well maintain and cleaned. The vehicles have All Wheel Drive and it is an automatic small SW. The Ford Escape colors that we are selling are white, red, and grey. They have 20,000 or less on the vehichles itself and is currently on sale. Grey Escape-11,600 miles/ Pricing $23,500.00 Red Escape-18,000 miles/ Pricing $23,500.00 White Escape- 11,000 miles/ Pricing $23,500,00 ) Thank you for your interests in these vehicles. We hope to hear from you soon. Hertz Of Seward NOTE: This message was trained as non-spam. If this is wrong, please correct the training as soon as possible. Spam Not spam Forget previous vote Vernon Wlllet From: Hertz Of Seward Rental Car < info@rentacaralaska.com > Sent: Thursday, January 25, 2012 4:25 PM To: Vernon Willet Subject: Escape Features Attachments: Grey Escape.pdf, Red Escape.pdf; White Escape.pdf I ended up just scanning each window sticker the vehicles came with for features. What they don't have on the list is that they all have cloth seats, an intergrated side step and fall size spare tire. All vehicles now have studded tires. We do have the tires used in the summer of 2011 for sell at a discounted price. If you have any other questions please don't hesitate to call (907)224-4378. Thank you, Siss Carlsen Hertz of Seward NOTE: This message was trained as non-spam. If this is wrong, please correct the training as soon as possible. Spam Not seam Forget previous vote 9 l-:� 9"', °� VENICL� UE54.Htt"• I tVIV 2011.ESCAPE XLT AUTO. 4WD 1034 WHEELBASE. 6-SPEED ENGINE TRANSMISSION STANDARD EQUIPMENT INCLUDED EXTERIOR AT NO EXTRA CHARGE • 16" ALUMINUM WHEELS FUNCTIONAL • MYKEY • AUTO HEADLAMPS • CHROME GRILLE • REMOTE KEYLESS ENTRY • PWR WIN, LOC, MIRRORS, RKE • EASYFUEL CAPLESS FILLER • ELECTRONIC PWR ASST STEER • FOG LAMPS SAFETY/SECURITY • MANUAL FOLD POWER MIRRORS • BLIND SPOT MIRRORS • SECURICODE KEYLESS KEYPAD INTERIOR • 4-WHEEL ANTILOCK BRAKE SYS • 1-TOUCH DOWN DRIVER WINDOW • ADVANCETRAC W/RSC • DRIVER/PASSENGER AIR BAGS • 6-WAY POWER DRIVER'S SEAT • AM/FM CD/MP3/SAT CAPABL • ILLUMINATED ENTRY • SAFETY CANOPY W/ AUD INPUT JACK • SECURILOCK PASS ANTI THEFT • ELECTROCHROMIC MIRROR • SIDE AIR CURTAINS • LEATHER WRAPPED WHEEL. ,STR W/CRUISE & AUDIO CONTROLS • MESSAGE CENTER • 3YR 36,0 0 BUMPER / BUMPER • PREM CLOTH BCKT FRT SEATS • 5YR/60,000 POWERTRAIN • 5YR/60,000 ROADSIDE ASSIST • SIRIUS SAT RADIO N/A AK&HI • TIP FOLD FLAT REAR SEATS CITY MP ><-` G HIGHWAY MPG stimated Annual Fuel Cost >`> 26 20 2 048 x base o 0 Expected range d n 15 00 miles p g Expected range a o 0 e n t 3,0 r all for `Y? P 9 0 most drivers for most driver s 2d ?y 16 to MPG P 21 to 3 G 1 MPG t :: Your actual I+# will mileage var y r 9 Y depending an how you : > P 9 e :c?• drive and maintain cY•m _ our vehicle. �•:%:}: ::fir �%:StiJ !::lf::i See the • Fuef Economydealers• • • • t SOLD T0748 541 ONE DEALER NO. METHOD OFTRANSP. Cal Worthington Ford Lincoln M CONVOY 1950 Gambell CAI C 74 B 541 Anchorage AK 99501 ITEM #: 74-3504 OTT L SHIP TO OFMERTFNNSWTo1 TWO 1FMCU 78BKB78938 SHIP THROUGH FINAL ASSEMBLY POINT Tltls label is affixed pursuant to the Federal Automobile Information Disclosure Act, Gasoline, Ucense, and ride Fees, Stale and Local taxes are not Included. Dealer Installed options or accessories are not Included unless listed above. KANSAS CITY BB242 N RB 2X 116 001958 02 24 11 EXTENDED Ford Extended Service Plan Is the only service contract backed by Ford and honored at all Ford and Uncoln Mercury SERVICE Dealers. Ask your de ale rfor prices and additional details orseeourwehsiteatwww.rord-9sp,00nt, PLAN I � 1 2011 E$CARE:XLTAUi0r4WD 103",WHIwE WE 2 5L I4 ENGINE 6 SPEED AUTO' TRANSMISSION, STANDARD EQUIPMENT INCLUDED AT NO EXTRA CHARGE EXTERIOR • 16" ALUMINUM WHEELS FUNCTIONAL • MYKEY • AUTO HEADLAMPS • REMOTE KEYLESS ENTRY • CHROME GRILLE • PWR WIN, LOC, MIRRORS, RKE • EASYFUEL CAPLESS FILLER • ELECTRONIC PWR ASST STEER • FOG LAMPS SAEETYISECURITY • MANUAL FOLD POWER MIRRORS • SECURICODE KEYLESS KEYPAD • BLIND SPOT MIRRORS • 4-WHEEL ANTILOCK BRAKE SYS INTERIOR • ADVANCETRAC W/RSC • I -TOUCH DOWN DRIVER WINDOW • DRIVER/PASSENGER AIR BAGS • 6-WAY POWER DRIVER'S SEAT • ILLUMINATED ENTRY • AM/FM CD/MP3/SAT CAPASL SAFETY CANOPY W/ AUD INPUT JACK • SECURILOCK PASS ANTI THEFT • ELECTROCHROMIC MIRROR • SIDE AIR CURTAINS • LEATHER WRAPPED STR WHEEL WARRANTY W/CRUISE & AUDIO CONTROLS • 3YR/36,000 BUMPER / BUMPER • MESSAGE CENTER • PREM CLOTH BCKT FRT SEATS • 5YR/60,000 POWERTRAIN • 5YR/60,000 ROADSIDE ASSIST • SIRIUS SAT RADIO N/A AK&HI • TIP FOLD FLAT REAR SEATS EXTENDED ford Extended Servlco Plan la the onlysemco contract backed by Ford and honored at all Ford and Lincoln Mercury PLANK►n! Dealers. Ask your dealeriorpricesandadditionaldetailsorseeourwebsiteatmord•esa.com. m 09 ` Vl=HIGLt-UIr541iI1' 1 IUN ® ESCAPE MEMNLIU111 "TT MJul it STANDARD EQUIPMENT INCLUDED AT NO EXTRA CHARGE EXURIOR • 16" ALUMINUM WHEELS Ft1NCTIONAL • MYKEY • AUTO HEADLAMPS • REMOTE KEYLESS ENTRY • CHROME GRILLE • PWR WIN, LOC, MIRRORS, RKE • EASYFUEL CAPLESS FILLER • ELECTRONIC PWR ASST STEER • FOG LAMPS SAFETY/SECURITY • MANUAL FOLD POWER MIRRORS • SECURICODE KEYLESS KEYPAD • BLIND SPOT MIRRORS • 4-WHEEL ANTILOCK BRAKE SYS 1NTERLOR • ADVANCETRAC W/RSC • I -TOUCH DOWN DRIVER WINDOW • DRIVER/PASSENGER AIR BAGS • 6-WAY POWER DRIVER'S SEAT • ILLUMINATED ENTRY • AM/ M CD/MP3/SAT CAPABL • SAFETY CANOPY W/ AUD INPUT JACK • SECURILOCK PASS ANTI THEFT • ELECTROCHROMIC MIRROR • SIDE AIR CURTAINS • LEATHER WRAPPED STR WHEEL WARRANTY W/CRUISE & AUDIO CONTROLS • 3YR/36,000 BUMPER / BUMPER • MESSAGE CENTER • 5YR/60,000 POWERTRAIN FN/ART SAK&HI EATS 5YR/60,000 ROADSIDE ASSIST • SIRIUSLSAT RADIO • TIP FOLD FLAT REAR SEATS CITY MPG Estimated Annual Fuel Cost 20 $29048 Ex e Expected ran P 9 based on 15,000 miles for most drivers - at $3,00 per gallon P IG to 24 MPG ` 2011 ESCAPE XLT:AUTO 4W0 103." WHEELBASE 2.5L.I4 ENGINE s-SREEO AUTO TR.ANSMISVON HIGHWAY MPG 26 Expected range for most drivers 21 to 31 MPG Your a(Aual mileage will vary depending on how you drive and maintain your vehicle. - the FREE Fuel Economyor vvww.fuoleconomy.t9 lr SOLD T074B 541 ONE DEALER NO, METHOD OF TRANSP. Cal Worthington Ford Lincoln M 1950 Gambell Anchorage AK99601 CA1 C 74B 541 CONVOY ITEM #: 74-3507 Orr 1. SHIP TO (IForma TwwsoLoTo) TWO 1 FM CU9D76B KB92055 1 SHIP THROUGH FINALASSEMBLY POINT This tabselllsaffxepursualtothe Federal Automobile Information Dlsclosuro oneUnse,anAd. GsTitle Fees, Stale and Local taxes are not included. Dealer installed options or accossorles are not included un'ess listed above. KANSAS CITY BC112 N RB 2X 115 002147 0311 11 EXTENDED Ford Extended Service Plan Is the only service contract backed by Ford and honored at all Ford and Uncoln Merely SIRRNICB Dealers. Ask your dealer for prices and additional details or see ourwebslteatswmford-esp.comPLA V 15 CITY OF SEWARD 1-24-2012 WORTHINGTON FORD VERNON WILLET RAY MARCUM 224-4065 ,,...- 793-8213 ��IzT, E $22,040 'J FOB�AC GE 2012 Ford Escape U9C 4WD 4dr XLS STOCK# 123368, STANDARD EQUIPMENT * 4-wheel drive Battery saver feature Electric pwr assisted steering (SPAS) Front disc/rear drum brakes Wheel nut wrench & jack <<< EXTERIOR >>> P235/70R16 all -season BSW tires 16" aluminum wheels Spare tire, mini space saver Body color front/rear fascias Chrome grille w/lower body color Halogen headlamps Black pwr exterior mirrors -inc: integrated blind spot mirror Variable intermittent windshield wipers Rear 2-speed wiper w/washer Black door handles Body color liftgate <<< ENTERTAINMENT >>> AM/FM stereo w/CD player -inc: MP3 playback, audio input jack, speed sensitive volume, (4) speakers <<< INTERIOR >>> Cloth front bucket seats -inc: 2-way manual driver seat 2nd row 60/40 split bench seat -inc: tip -fold -flat latch Ail -position head restraints Black center stack Floor console -inc: storage bin, removable interior bin, (4) cup holders Steering wheel w/speed controls Instrument cluster -inc: message center Ice blue illuminated gauge cluster Pwr windows w/1-touch driver down Pwr locks Remote keyless entry SecuriLock passive anti -theft system (PATS) Manual air conditioning 9t� Rear window defroster Pwr points -inc: (1) 1st row, (1) 2nd row Day/night rear-view mirror Sunvisors w/dual mirrors Lighting -inc: center dome lamp, map lights, rear cargo area light Illuminated entry 2nd row coat hook <<< SAFETY >>> 4-wheel anti -lock brakes AdvanceTrac w/Roll Stability Control (RSC) Dual stage driver & front passenger airbags -inc: front passenger occupancy sensor Side airbags Safety Canopy Personal Safety System All -position 3-paint seat belts MyKey system -inc: top speed limiter, audio volume limiter, early low fuel warning, programmable sound chimes, Beltminder w/audio mute Rear outboard LATCH child seat anchors & tethers Child safety rear door locks Tire pressure monitoring system (TPMS) SELECTED OPTIONS 997: 2.5L I4 DURATEC ENGINE 446: 6-SPEED AUTOMATIC TRANSMISSION W/OD 101A: 101A EQUIPMENT GROUP ORDER CODE T53: P235/70R16 ALL -SEASON BSW TIRES YZ: OXFORD WHITE IS: STONE, CLOTH BUCKET SEATS 41H: ENGINE BLOCK HEATER 153: LICENSE PLATE BRACKET CITY OF SEWARD 2-28-2012 WORTHINGTON FORD VERNON WILLET RAY MARCUM 224-4065 793-8213 PRICE $22,085 FOB ANCHORAGE DMV NOT INCLUDED 2012 Ford Escape U9C 4WD 4dr XLS STOCK# 123429 STANDARD EQUIPMENT * 4-wheel drive Battery saver feature Electric pwr assisted steering (SPAS) Front disc/rear drum brakes Wheel nut wrench & jack <<< EXTERIOR >>> P23517OR16 all -season BSW tires 16" aluminum wheels Spare tire, mini space saver Body color front/rear fascias Chrome grille w/lower body color Halogen headlamps Black pwr exterior mirrors -inc: integrated blind spot mirror Variable intermittent windshield wipers Rear 2-speed wiper w/washer Black door handles Body color liftgate <<< ENTERTAINMENT >>> AM/FM stereo w/CD player -inc: MP3 playback, audio input jack, speed sensitive volume, (4) speakers <<< INTERIOR >>> Cloth front bucket seats -inc: 2-way manual driver seat 2nd row 60/40 split bench seat -inc: tip -fold -flat latch All -position head restraints Black center stack Floor console -inc: storage bin, removable interior bin, (4) cup holders Steering wheel w/speed controls Instrument cluster -inc: message center Ice blue illuminated gauge cluster Pwr windows w/1-touch driver down Pwr locks Remote keyless entry SecuriLock passive anti -theft system (PATS) Manual air conditioning M Rear window defroster Pwr points -inc: (1) 1st row, (1) 2nd row Day/night rear-view mirror Sunvisors w/dual mirrors Lighting -inc: center dome lamp, map lights, rear cargo area light Illuminated entry 2nd row coat hook <<< SAFETY >>> 4-wheel anti -lock brakes AdvanceTrac w/Roll Stability Control (RSC) Dual stage driver & front passenger airbags -inc: front passenger occupancy sensor Side airbags Safety Canopy Personal Safety System All -position 3-point seat belts MyKey system -inc: top speed limiter, audio volume limiter, early low fuel warning, programmable sound chimes, Beltminder w/audio mute Rear outboard LATCH child seat anchors & tethers Child safety rear door locks Tire pressure monitoring system (TPMS) SELECTED OPTIONS 997: 2.5L I4 DURATEC ENGINE 446: 6-SPEED AUTOMATIC TRANSMISSION W/OD 101A: 101 A EQUIPMENT GROUP ORDER CODE T53: P235/70R16 ALL -SEASON BSW TIRES YZ: ONFORD WHITE 1 S: STONE, CLOTH BUCKET SEATS 4111: ENGINE BLOCK HEATER 153: LICENSE PLATE BRACKET 942: DAY TUME RUNNING LIGHTS V11 Vernon Willet From: Hertz Of Seward Rental Car <info@rentacaraiaska.com> Sent: Wednesday, February 29, 2012 8:10 AM To: Vernon Willet Subject: Re: FORD ESCAPES/ HERTZ OF SEWARD Mr. Willet, Yes, both escapes are for sale for $23,500 each. On Tue, Feb 28, 2012 at 4:35 PM, Vernon Willet <vwilletna,cityofseward.net> wrote: So this is still $23,500? From: Hertz Of Seward Rental Car [mailtwintaa rentacaralaska.comi Sent: Tuesday, February 28, 2012 3:30 PM To: Vernon Willet Subject: FORD ESCAPES/ HERTZ OF SEWARD DEAR VERNON WILLET, WE HAVE TWO SIVIAIL SUV'S AVAILABLE AT YOUR CONVENIENCE IF YOU DECIDED TO PURCHASE ANY VEHICLES IN THE FUTURE. THIS VEHICLE IS AWD AND HAS A V6 ENGINE. LOW MILEAGE AND READY TO BE YOURS WHEN YOU READY TO PURCHASE. GIVE US A CALL WHEN POSSIBLE AND HOPE TO SERVE YOU. RED FORD ESCAPE-18,000-MILEAGE/AWD/V6 WHITE FORD ESCAPE- 11,000-MILEAGE/AWD/V6 SRam Not sparn Forget previous vote ��a City of Seward, Alaska City Council Minutes February 13, 2012 Volume 38 Page CALL TO ORDER The February 13, 2012 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor David Seaward. OPENING CEREMONY Lieutenant Louis Tiner led the Pledge of Allegiance to the flag. ROLL CALL There were present: David Seaward presiding and Christy Terry Vanta Shafer Marianna Keil Bob Valdatta Ristine Casagranda comprising a quorum of the Council; and Ron Long, Assistant City Manager Johanna Kinney, City Clerk Absent — Jean Bardarson CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Lila Hurst, a volunteer at the animal shelter, stated she was overwhelmed by the condition of the facility. She had taken on a lot of the financial responsibilities herself and had organized efforts in other states in the past to help direct fundraising for animal shelters. Hurst stated she was new to Seward. This was a beautiful place but she didn't understand the neglected animal shelter. She would like to start a dialogue with the city to help the shelter. Jim Herbert addressed the upcoming deadlines for the student and adult exchange with Obihiro, Japan. Up to four students would be selected to go. In addition, two adults would be selected to go at the same time. Herbert guaranteed a great experience and opportunity. Herbert also announced the Senior Center had free tax preparation assistance every Monday, Tuesday, and Wednesday. Matt Hershock spoke on the fluoride issue and noted it was a contentious topic. He felt adding it to the water supply was a form of medical treatment. It was a drug and that needed to be administered by consent by a physician. Hershock did not feel the council should be taking on that responsibility and felt it was unethical to put in the water. Controlling the doses would be difficult because people drank different amounts of water. He addressed concern with infant babies consuming fluoride. It should be a person's choice if they wanted to use fluoride. 0\ City of Seward, Alaska City Council Minutes February 13 2012 Volume 38, Page APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Shafer/Keil) Approval of Agenda and Consent Agenda Resolution 2012-016 was pulled from the agenda by administration. A discussion item was added under Other New Business to select a council member to travel to Washington, D.C. with administration. Motion Passed Unanimous The clerk read the following approved consent agenda items: The January 23, 2012 City Council Regular Meeting Minutes Were Approved. Appointed Andrew Wilder as the alternative representative to the Cook Inlet Aquaculture Association, seat currently held by Tim McDonald. Resolution 2012-010, Approving Amendment #1 To The Employment Agreement With The City Clerk, And Appropriating Funds. Resolution 2012-012, Approving A Contract For External Audit Services For The Years Ending 2011, 2012 And 2013, With Mikunda, Cottrell & Co., And Appropriating Funds. Resolution 2012-2013, Amending The 2011 Budget And Appropriating $24,953 In Sales Tax Revenue To The Hospital Debt Service Fund. Resolution 2012-015, Consenting To The Assignment Of The Contract For Collection And Disposal Of Garbage And Waste Between The City Of Seward And Alaska Pacific Environmental Services Anchorage, LLC, To Waste Connections Of Alaska, Inc. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations and Awards Lee Poleske was recognized with a plaque and proclamation for his contributions to Historic Preservation. Maureen Callahan was recognized for her service to the Seward Community Library. Borough Assembly Report, Sue McClure stated she was in Juneau last week with the Borough Assembly and staff. They brought their priorities with them and met with the legislators. She was able to speak on borough priorities and noted Seward's Coastal Villages Region Fund Home Porting Project received warm support. The Alaska Municipal League (AML) met as well at this time and it was productive. The assembly met on January 17, 2012 and the highlight was the 0 City of Seward, Alaska City Council Minutes February 13, 2012 Volume 38, Page allocation of the cruise ship head tax of over $700,000. They had a controversial resolution opposing an ambulatory surgical center by a private group. Tomorrow they would likely be appropriating $35,000 to pay for outside council for a lawsuit that had arisen due to this opposition. Also coming before the assembly was a $4.7 million appropriation for a cancer center on the peninsula, but McClure suspected it may be pulled. Also coming forward was an Ordinance for introduction appropriating state grant funding for an addition to the Seward High shop facilities in addition to funding for other school projects. On the February 14, 2012 agenda was a public hearing for the proposed land exchange with the City of Seward. The Planning Commission was rehearing this issue tonight, and she was waiting to see what happened. They would be meeting with the School District tomorrow to discuss budget for the school. McClure suspected they would ask for about $1.2 million more than last year. She reminded the public the borough still needed city representatives to sit on the Seward Bear Creek Flood Service Area Board. City Manager's Report, Assistant City Manager Ron Long stated the City Manager, Vice Mayor, and Harbormaster were currently in Juneau. He and the mayor were there last week and it was nice to see familiar faces and to see what a critical role our lobbyist played. He praised Kent Dawson for his work with the city. There were no purchases approved by the City Manager for between $10,000-50,000 since the last Council Meeting. Administration was streamlining the City Manager's report. Reports would now be given to council monthly and would continue to include crucial items and smaller department reports. More detailed reports of the everyday goings on and schedules within individual departments would be available on the city website www.cityofseward.us. Long stated the city and the Seward International Friendship Association (SIFA) were seeking applications for the adult and student exchange program with Seward's Sister City in Obihiro, Japan. Deadlines for the student application were February 17, 2012 and deadlines for the adult exchange application were February 24, 2012. For the adult exchange there were travel stipends of up to $1,000 available to help defray travel costs. The Electric Department hired A.J. Turner, an operator/mechanic from Sterling who would assist with the project as well as be the replacement for when one of Seward's two current operator/mechanics retired. In the Harbor, PND Engineers was selected by a panel as the most qualified firm for the Wash - Down and Wastewater Recycling Facility project at SMIC. It was hoped that the engineering contract would be ready for City Council consideration at the February 27, 2012 meeting. The Harbormaster attended the opening of the Anchorage Boat Show on the evening of February 8, 2012. A commercial fishing vessel caused an oil leak on February 6, 2012. The vessel owner responded and reported the leak to the state and Coast Guard. The Coast Guard boarded the vessel and wrote to the owner requiring him to remove the vessel from the harbor. The public meeting on the proposed improvements to SMIC was well attended and a number of valuable comments were received from local mariners. The US Army Corps of Engineers received funding to dredge the Seward Small Boat Harbor. If all went according to plan the work would occur in the fall of 2012. In Public Works, the materials barge shipment for the SMC Dolphin Project was expected to take place on February 28, 2012. The contractor intended to move a 150' barge to the project site the week of February 13, 2012. Street crews and water crews had been focusing on snow removal, sanding and mitigating other hazards caused by adverse weather conditions this winter. The snow �y3 City of Seward, Alaska City Council Minutes February 13 2012 Volume 38, Page blower was now working. In the Library, Maureen Callahan was retiring February 29, 2012. The city was currently accepting applications for the open Library position. A professional services contract had been drafted with the Alaska SeaLife Center to utilize their exhibit design expertise in planning the museum. This would go to the City Manager's office for approval and expected first deliverables due to the architects by March 15, 2012. The SeaLife Center had exhibit design and construction expertise and the ability to produce signage. This collaboration should be the beginning of a long relationship between the center and the library museum. The new library museum schedule was implemented the week of February 6, 2012. New hours were Mondays: 11-6, Tuesdays: Thurs 11-8, Fridays -Saturdays: 11-6 and closed Sunday. This new schedule would give staff more time to work together on projects and incorporates additional duties at the museum. Terry had concerns about the City Manager reports and departmental deadlines to get information out. Shafer stated she would like staff to look into a sliding fee scale for the Teen and Youth Center fees, since those were scheduled to increase. She thought there should be more criteria other than a family being on food stamps. Shafer and Valdatta both felt there should be more information brought forward about the status of the animal shelter. Mayoral Report, Mayor David Seaward stated he went to Juneau with Assistant City Manager Long last week for the AML Winter Conference and to meet with Alaska legislators. He was apprised of many energy cost priorities and had material on several related house and senate bills that he would leave in his box for council or the public to review. He observed discussions on -1140 paying off unfunded obligations with PIERS and TRS, revenue sharing, and transportation upgrades. He met with the Friends of the Jesse Lee Home and on behalf of the community he thanked the Governor for the funding for the Jesse Lee Home, port expansion and education. Seaward also recently attended the Seward Fire Department's annual banquet. Keil stated she was dismayed by Seaward's support for the Jesse Lee Home as it was not one of the state legislative priorities and felt it was contradictory to what the body wanted. Keil reminded the mayor the council voted on this issue. She was disappointed he went against the council direction. She had sent him an email about this same issue prior to his trip to Juneau and reminded him then that he was honor bound. Seaward said as the mayor he was looking at the whole picture. The Jesse Lee Home had $5 million appropriated and he didn't want to lose that. Shafer said this type of action was going against their form of government. She stated he had to follow the will of the body. He was counseled after initially speaking on this and continued to speak and lobby for the Jesse Lee Home which was not on their priority list. If they were a representative government and she wanted to know why he felt he could go beyond that of the wished of the council and the body. People fought and died for this form of government and it was disrespectful to go beyond what the body voted on. Shafer reiterated the Jesse Lee Home was not a City of Seward project. It was a state project and not his responsibility. Because of this action of the mayor, she and Terry would be bringing forward a resolution of censure at the next meeting. Seaward disagreed with Shafer that the lobbyist said not to put the Jesse Lee Home on the state priority list. Shafer said he needed to promote Seward projects and was dismayed at his lack of .� q City of Seward, Alaska City Council Minutes February 13, 2012 Volume 38 Page interest in educating himself and this position. He was sent to newly elected officials training that he didn't fully attend and he didn't communicate with the City Manager and all of the council. Seward's lobbyist had full awareness of the Jesse Lee Home and reiterated the only way it would work was as a state-wide project. He needed to study what his role and responsibilities were a mayor. Seaward said it was unfortunate they disagreed on the perception of the Jesse Lee Home and it was his opinion that the lobbyist felt differently about it. He felt as the Mayor of Seward, he had to defend that appropriation. Terry said she had been fair and open regarding this project, but she was disappointed council members were going to Juneau and not having an open front there. This confused issues and showed a divided front. Terry felt a resolution of censure may help clarify his roles and responsibilities. It was not their job to justify the Jesse Lee Home project. It needed to move forward with state funding. Keil resented that he claimed council did not support the project, she felt she as a council member was showing due diligence and make sure they were prepared. Seaward asked the body to be fair in this matter. He understood the priorities. He had asked for what the roles of the mayor and the city manager were, and was waiting. Seaward stated he expected the body to fill him in on issues and for them to work together. He apologized if he went overboard. UNFINISHED BUSINESS Items Postponed From A Previous Agenda, Resolution For Public Hearing Resolution 2012-001, Approving A Land Exchange A 0.56 Acre +/- Portion Of Lot 8A-1 for A 0.56 Acre +/- Portion Of Lot 6A-1, Fort Raymond Subdivision Replat No. 2, With The Kenai Peninsula Borough And Appropriating Funds. (Clerks note: Resolution postponed from January 9, 2012 council meeting and again from the January 23, 2012 council meeting. A public hearing was held on January 23, 2012 and council has requested another public hearing be held before consideration. The original motion to approve this resolution was made by Bardarson and seconded by Shafer) Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. Leigh Ray represented the Seward Schools Site Based Council as their secretary. Ray summarized the letter she read at the last meeting on this issue. The site based council met to discuss this resolution and stated this exchange involved the city, the school board, and the borough. The site based council would like a well -lit replacement bike path put in to allow continuous access and before removal an alternate bike path with buffer zones. Motion (Bardarson/Shafer) Approve Resolution 2012-001 (made at the January 9, 2012 meeting) Long said since the last meeting, they did receive the letter from the site based council and had spoken with the school district on the matter. They agreed on the big pictures, but thought they City of Seward; Alaska City Council Minutes February 13, 2012 Volume 38 Page may have different procedural approaches. Long stated the city should work with the borough since that was who the city ultimately would make their agreement with. He had asked for a better opinion on the valuation of both parcels and would request council approved waiving an appraisal since the borough was the agency charged by the state to conduct appraisals. Long asked for another postponement to March 12, 2012 to allow for the school board, borough, and the city to reach a consensus. Terry wanted to know if it made more sense to fail this resolution tonight. Long preferred a substitute resolution at a future meeting. If that was the case, Terry would like to see it included in the packet rather than a lay down version the evening of the meeting. Valdatta said the city needed to get this going. Long agreed, but felt it wouldn't be too late in the year for the improvements. Long felt like they needed to have all groups on the same page. They needed to do an adequate job responding to the public's wishes. Motion to Postpone Passed Unanimous NEW BUSINESS Resolution 2012-011, Retroactively Amending The 2011 Budget To Record Expenditures Of $540,733.73 Paid By The State Of Alaska On Behalf Of The City Toward The City's Public Employees Retirement System Liability. Motion (Shafer/Keil) Approve Resolution 2012-011 Long stated this was a house keeping measure due to the city and the state having different budget cycles. This expenditure by the state was a pass through and they needed to record it by council action. This resolution got it on the city books to show it met all government accounting standards. Casagranda wondered if there was somewhere in the budget the council could see overall PERS contributions, and it was stated the contributions were noted throughout each department and not as a whole amount. Motion Passed Unanimous Resolution 2012-014, Authorizing Transfer Of Additional Raw Fish Tax Proceeds In The Amount Of $234,451.41 To The Harbor Major Repair And Replacement Fund, To Fund Capital Infrastructure Needs. Motion (Keil/Shafer) Approve Resolution 2012-014 Long stated this was a tracking of money that came to the city's general fund for 2011, which then the general fund transferred the funds to the harbor enterprise fund. This was a look back to the 2011 budget, as funds were delayed to the communities. Regarding the discussion item later on the agenda on capping the fish tax, Long recommended it should be from this point forward. This would 1-Ab City of Seward, Alaska City Council Minutes February 13, 2012 Volume 38, Page be consistent with what council passed last year to move into the harbor maintenance and repair fund, which was still a relatively shallow pool of money with deep expenses coming up. Valdatta said the city budgeted $400,000 for this. It had been 20 years since the city took over the harbor from the state, and wasn't it time for the harbor to ask the state for assistance? Valdatta initially thought the city should take the balance of the proceeds to fix the boardwalk, but then he thought to put it into the hatcheries. He was not in favor of this resolution, and he thought they should keep the original amount budgeted for the harbor with this revenue. Terry supported the resolution and thanked PACAB for looking at this. She stressed the harbor was a major economic engine in the city and the infrastructure should be taken care of. Keil agreed with Terry, and noted this was PACAB's recommendation as well. Long clarified the cruise ship tax went into the harbor enterprise budget, but it was handled and budgeted differently because of its narrow restrictions used. It was suggested in the future the city have two different line items, one for the cruise ship monies and one with actual maintenance and repair funds to be used for the harbor, because it looked like there was a lot of money in the harbor but that was not really the case. Long agreed it would be cleaner. Valdatta said PACAB should look at the fish tax situation more as a community effort, it should be divvied a little more and not just to the harbor. Long said the proceeds were budgeted at $365,000. The city accepted a $3.4 million dollar hole when they accepted ownership of the harbor from the state. Valdatta reiterated the fish tax should go to the community. Long said the city continued to lobby the state and the best they could for the municipal harbor grant fund to show there were still debts to be paid. It wouldn't be an overnight fix, but they were headed in the direction, Long felt. Casagranda noted the city received more than anticipated. The difference was this amount before the council, and restated it was going to the harbor maintenance and repair fund. Long said this was consistent with the 2011 budget when it was approved. Long noted the funds weren't completely locked, they could pay debt if needed, but he didn't think it could be used for general day to day operations. Motion Passed Yes: Terry, Casagranda, Keil, Shafer, Seaward No: Valdatta -WMR _ (Pulled by Administration) Other New Business 14-1 City of Seward, Alaska City Council Minutes February 13 2012 Volume 38, Page Discussed rescinding the authorization of fluoridating city water and give direction if administration should bring forward a resolution for consideration. (Casagranda) Keil wasn't sure if she was ready to bring forward or support such a resolution. There had been an advisory vote of the people on this issue. She would prefer to see it brought forward in a citizen referendum, which would be a binding vote. Shafer liked that it could be a binding vote. Seaward thought a referendum would be fair. Casagranda appreciated Keil's having respect as a body and not going against the wishes of the people, but she felt this was a new council and a new administration. She was open to make this conversation as public as possible, but felt putting it to a referendum would make it a grueling step. If that was the consensus of the council, she would support that. She wanted to see both sides. Terry wanted to know about the engineering study that was supposed to take place and noted it was included in the specifications for the new water tank's request for proposals. Valdatta agreed about the referendum. Casagranda wished for a resolution because it was asking a lot of the citizen's. Shafer said she felt strongly on this issue because the people did vote. Casagranda felt strongly they should not be fluoridating the water. Terry thought a lot of things had happened since that vote, but she also looked at the fact that the people did vote. There were things that still needed to happen before fluoridation could occur. Terry wondered if there should be a work session on this issue. Casagranda didn't want to see money put towards a water tank for fluoridation. She didn't like the current resolution and felt a lot had changed since then. Council scheduled a work session to continue this discussion on February 27, 2012 at 6:00 p.m. Response to the invitation to send up to a nine person delegation to Obihiro, Japan to celebrate their 130`h Anniversary in October/November, 2012. After discussion, council directed the City Clerk to send a response of interest. How many people Seward would be sending and how to fund this would be later determined. Discussion on capping the fish tax. (Valdatta) Valdatta said they should put a cap on upcoming fish tax revenues in the future since this one was already agreed upon. Long said currently this was part of the budget each year so he was unclear how to make that decision procedurally tonight. Shafer said they perhaps should discuss this when they had a surplus, since they couldn't designate anything right now. Casagranda thought surpluses could be addressed better in the comprehensive and strategic plans. In response to Seaward, Long said it was better to underestimate than overestimate revenue in certain aspects, and the city tended to err on the conservative side. Discussion on authorizing the City Manager to contact Alaska Interstate Gas to seek proposal to bring natural gas to Seward. (Valdatta) City of Seward, Alaska City Council Minutes February 13, 2012 Volume 38 Page Valdatta said he received a phone call and he was sure staff looked into this and would accept their guidance on the matter. Long said they called the City of Cordova who was working on a natural gas proposal and found they were having difficulty coming to agreement through negotiations. The citizens were in the process of referring the action to bring gas to Cordova on their upcoming election. No proposal had been prepared by Alaska Interstate, but they could solicit one if there was interest by the council. Shafer was concerned because she understood all Seward could get was forced air propane. She would love to hear a proposal if they were shipping liquefied natural gas, but otherwise she was not interested as Seward already had propane. Valdatta said they would have to come in as a turnkey operation and would have to provide the infrastructure. Council directed administration to ask for Alaska Interstate Gas to provide more information. Discussion of contracting out Parking Services which is currently managed by the City of Seward. (Seaward) Seaward felt that the city should look at private contracting. They could either increase government or foster private investment. They would get a greater return if they fostered private investment. Why didn't they give the public a chance to bid on this? Keil didn't object to this idea, but recalled the past contract had problems. There should be information on repair and replacement and maintenance. It was an admirable goal, but she wanted more information to make an informed decision. Council requested staff to bring forward the old contract for review, and look to add infrastructure and maintenance. Terry asked for staff for their recommendations. Staff would bring this back to the council for further review. Discussion on which council member should travel to Washington, D.C. with city administration in March. The City Council designated Vice Mayor Bardarson to represent the City Council on this trip. INFORMATIONAL ITEMS AND REPORTS (No action required) November City Financial Report. December Providence Financial Report. COUNCILS' COMMENTS Shafer thanked Maureen Callahan for her time with the library. She was one of the first people Shafer had met when she moved to Seward. Shafer noted Callahan went above and beyond the call of duty for our community. Casagranda added she and Long attended the Economic Development District Forum in Kenai and there were a lot of opportunities coming to the entire peninsula. Soldotna had an impressive presentation and she liked their informational budget pamphlet they handed out to their public. She also appreciated Callahan and her story hour for Seward's kids. She thanked Lee Poleske for his amazing volunteer work and time. Casagranda complimented Long on his informational flyer for coastal villages. � k City of Seward, Alaska City Council Minutes February 13 2012 Volume 38, Page Terry attended the World Trade Center luncheon since council had last met. For the public's information, she and other city representatives carpooled to Anchorage for the event. There was a great presentation of the dire economic outlook and the importance of Alaska's foreign trade partners. She thanked the road crew for their challenging work and extra hours. She solicited the public to keep the comments coming for the planning for the improvements at SMIC. She also thanked Callahan and Poleske for their hard work and effort. Seaward thanked the community and Mr. Long for their efforts in Juneau last week. He appreciated the council coming together and exposing the issue with the Jesse Lee Home. He hoped they could work together and there were no power struggles. Seaward reminded the public he was new to politics. He was looking for help from council and administration and appreciated their concerns. CITIZENS' COMMENTS Lila Hurst thanked the council again for listening to her tonight. She encouraged them to take a look at the shelter so they could see what she saw. Hurst promised each of them she would continue to work endlessly to help with this needed improvements. She was overwhelmed with the disparity of the shelter. Jim Herbert thanked the council for sitting on the dais. Based on the SMIC work shop, they would be asked to make decisions in the future on which alternative to carry forward to the legislature. He complimented Callahan and Poleske. He noted some people in the audience felt positive about fluoride and it did go through the public process and it did go to a vote. Herbert advocated if people felt strongly against that they should go through the public process for clarification. There was a lot of controversy and contention with this issue and a lot of reasoned arguments to be made on both sides. Steve Schafer suggested discussion items that were lengthy should have a work session, such as the discussion this evening regarding Obihiro's invitation. Regarding natural gas, he was appointed by then Mayor Shafer to a committee, and he recalled the proposal was "our money and his brains." It did not work out and fell by the wayside. Resolution 2011-083 set forth the 2012 state legislative priorities. The Friends of the Jesse Lee Home was not included. At the mayor's report in Juneau there was a brief mention of a CDQ project. He asked rhetorically if the mayor was allowed to set his own legislative priorities. Schafer wanted to know if a resolution had superseded Resolution 2011-083 . When introduced as mayor, that person was bound by rules of procedure and going beyond that constituted malfeasance, Schafer said. The mayor asked Council Member Terry for her personal email for privacy reasons and Schafer asked the council what was private? What conversations has the mayor had with the Friends of the Jesse Lee Home and what constituted a violation of oath of office? He reminded council they had a City Manager form of government. The mayor was a ceremonial head, chaired meetings, and was one vote. He humbly asked the mayor to resign. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS \s- L City of Seward, Alaska City Council Minutes February 13, 2012 Volume 38, Page Seaward said he did not want to resign and if the people wanted to recall him, they could. ADJOURNMENT The meeting was adjourned at 9:46 p.m. Johanna Kinney, CMC David Seaward City Clerk Mayor (City Seal) IR AGENDA STATEMENT Meeting Date: March 12, 2012 R From: Johanna Kinney, City Clerk Agenda Item: Non -objection to the liquor license renewal for Seward Alehouse. BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the request for a liquor license renewal for Seward Alehouse. The City of Seward Police Department, Fire Department, Utilities Department and the Kenai Peninsula Borough Finance Department have no objections to the liquor license renewal for these businesses. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license renewals, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Non -objection to the Beverage Dispensary Liquor License renewal for Seward Alehouse. G �� sm MEMORANDUM Date: January 31, 2012 To: Michelle Endresen Kari Atwood Chief Tom Clemons Chief David Squires From: Johanna Kinney, City Clerk Finance/Leases Finance/Public Utilities Police Department Fire Department r { OF "� * u S' 0101 a�Asv�P RE: Verifying Compliance For The Renewal Of Liquor License Application The following business has applied for a renewal of their liquor license. Please review for compliance with all utilities, lease payments and assessments. Thank you. Name of Business: The Seward Alehouse Type of License: Beverage Dispensary License Number: 324 Department Status Initials Finance/Leases IVIA, — Cy -- It ` Finance/Utilities o k Police Chief l/ Fire Chief 9t— l�� KENAI PENINSULA BOROUGH 0L144 North Binkley Street • Soldotna, Alaska 99669-7520 p PHONE: (907) 714-2160 • FAX: (907) 714-2388 Toll -free within the Borough: 1-800-478-4441 Ext. 2160 Email: assemblyclerk@borough.kenai.ak.us JOHNI BLANKENSHIP, MMC BOROUGH CLERK January 31, 2012 Ms. Christine Lambert Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Road Anchorage, Alaska 99507-1286 RE: Non -Objection of License Renewal Business Name Seward Alehouse License Type Beverage Dispensary License Location City of Seward License No. 324 Dear Ms. Lambert, This serves to advise that the Finance Department has reviewed the above referenced application and has no objection to the renewal of this license. Should you have any questions, or need additional information, please do not hesitate to contact our office. Sincerely, Johni Blankenship, MMC / U Borough Clerk JB/klr cc: Applicant City of Seward KPB Finance Department File 15� AGENDA STATEMENT Meeting Date: March 12, 2012 From: Johanna Kinney, City Clerk Agenda Item: Non -objection to the Liquor License Renewal for Three Bears #20 BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the request for a liquor license renewal for Three Bears #20. The City of Seward Police Department, Fire Department, Utilities Department and the Kenai Peninsula Borough Finance 11:r o tions to the liquor license renewal for these businesses. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license renewals, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Non -objection to the Beverage Dispensary Liquor License renewal for Three Bears 420. Irk R MEMORANDUM Date: January 31, 2012 To: Michelle Endresen Finance/Leases Kari Atwood Finance/Public Utilities Chief Tom Clemons Police Department Chief David Squires Fire Department From: Johanna Kinney, City Clerk RE: Verifying Compliance For The Renewal Of Liquor License Application The following business has applied for a renewal of their liquor license. Please review for compliance with all utilities, lease payments and assessments. Thank you. Name of Business: Three Bears Type of License License Number Package Store 3909 M Department Status Initials Finance/Leases `C Finance/Utilities C) Police Chief Fire Chief) r �S—�6 OR KENAI PENINSULA BOROUGH 144 North Binkley Street • Soldotna, Alaska 99669-7520 A PHONE: (907) 714-2160 • FAX: (907) 714-2388 Toll -free within the Borough: 1-800-478-4441 Ext. 2160 Email: assemblyclerk@borough.kenai.ak.us JOHNI BLANKENSHIP, MMC BOROUGH CLERK January 31, 2012 Ms. Christine Lambert Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Road Anchorage, Alaska 99507-1286 RE: Non -Objection of License Renewal Business Name Three Bears License Type Package Store License Location City of Seward License No. 3909 Dear Ms. Lambert, This serves to advise that the Finance Department has reviewed the above referenced application and has no objection to the renewal of this license. Should you have any questions, or need additional information, please do not hesitate to contact our office. Sincerely, Johni Blankenship, MMC Borough Clerk JB/kir cc: Applicant City of Seward KPB Finance Department File AGENDA STATEMENT Meeting Date: March 12, 2012 From: Johanna Kinney, City Clerk Agenda Item: Non -objection to the Liquor License Renewal for BPO Elks Lodge #1773 BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the request for a liquor license renewal for BPO Elks Lodge #1773. The City of Seward Police Department, Fire Department, Utilities Department and the Kenai Peninsula Borough Finance Department have no objections to the liquor license renewal for these businesses. FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license renewals, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Non -objection to the Beverage Dispensary Liquor License renewal for BPO Elks Lodge #1773. IR MEMORANDUM Date: January 31, 2012 To: Michelle Endresen Kari Atwood Chief Tom Clemons Chief David Squires From: Johanna Kinney, City Clerk Finance/Leases Finance/Public Utilities Police Department Fire Department �pF sew �ca'r• 4�ASKP RE: Verifying Compliance For The Renewal Of Liquor License Application The following business has applied for a renewal of their liquor license. Please review for compliance with all utilities, lease payments and assessments. Thank you. Name of Business: BPO Elk's Lodge Type of License: Club License Number: 4670 Department Status Initials Finance/Leases I A - a�!� Finance/Utilities Police Chief Ox Fire Chief ?-- KENAI PENINSULA BOROUGH 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 Email: assemblyclerk@borough.kenai.ak.us JOHNI BLANKENSHIP, MMC BOROUGH CLERK January 31, 2012 Ms. Christine Lambert Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Road Anchorage, Alaska 99507-1286 RE: Non -Objection of License Renewal Business Name BPO Elks Lodge #1773 License Type Club License Location City of Seward License No. 4670 Dear Ms. Lambert, This serves to advise that the Finance Department has reviewed the above referenced application and has no objection to the renewal of this license. Should you have any questions, or need additional information, please do not hesitate to contact our office. Sincerely, ` 1 �v Johni Blankenship, MMC Borough Clerk JB/klr cc: Applicant KPB Finance Department File )60 State of Alaska ' Department of Public Safety Alcoholic Beverage Control Board Sean Parnell, Governor Joseph A. Masters, Commissioner January 18, 2012 RE: Liquor License Renewal Notice Attn: Seward City Clerk SEWARD Type: Beverage Dispensary Lie #: 324 DBA Name: The Seward Alehouse Premise Address: 215 Fourth Ave. Owner: Seward Alehouse, Inc. Mailing Address: PO Box 2442, Seward 99664 Type: Package Store Lie #: 3909 DBA Name: Three Bears #20 Premise Address: 1711 Old Seward Hwy. Owner: Three Bears Alaska Inc Mailing Address: 445 N Pittman Rd., Ste. B, Seward 99654 Type: Club Lie #: 4670 DBA Name: BPO Elks Lodge #1773 Premise Address: 419 Fifth Ave. Owner: BPO Elks Lodge #1773 Mailing Address: PO Box 426, Seward 99654 Type: Restaurant/Eating Place — Public Convenience Lie #: 5007 DBA Name: Terry's Fish and Chips Premise Address: 1401 Fourth Ave. Owner: Terrance F. Lee Mailing Address: PO Box 1987, Seward 99664 Alcoholic Beverage Control Board Page 1 of 2 5848 E. Tudor Road - Anchorage, AK 99507 - Voice (907) 269-0350 - Fax (907) 272-9412 \ �Q We have received application(s) for renewal of liquor license(s) listed licensees within your jurisdiction. You are being notified as required by AS O4.11.520. Additional information concerning filing a "protest" by a local governing body under AS O4.11.480 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 O4.11.480 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 O4.11.510(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 O4.11.420(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 O4.11.420(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 have 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 O4.11.480 and the prohibition of sale or consumption of alcoholic beverages as required by zoning regulation or ordinance under AS O4.11.420(a) are two separate and distinct subjects. Please bear that in mind in responding to this notice. AS O4.21.010(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 O4.11.400(g), 13 AAC 104.335(a)(3), AS O4.11.090(e), and 13 AAC 104.660(e) must be approved by the governing body. Sincerely, SHIRLEY A. GIFFORD Director 11116 cure el -da i-c Christine C. Lambert Licensing & Records Supervisor 269-0359 Christine.lainbert@alaska.gov Alcoholic Beverage Control Board Page 2 of 2 5848 E. Tudor Road - Anchorage, AK 99507 - Voice (907) 269-0350 - Fax (907) 272-9412 AGENDA STATEMENT Meeting Date: March 12, 2012 From: Johanna Kinney, City Clerk .f Agenda Item: Discussion and direction on filing an objection to the liquor license renewal for Terry's Fish & Chips. BACKGROUND & JUSTIFICATION: The City Council has an opportunity to object to the request for a liquor license renewal for Terry's Fish & Chips. While the City of Seward Police Department, Finance Department, and the Kenai Peninsula Borough Finance/Leases Department have no objections to the liquor license renewal for this business, the Fire Department does have an objection. The Fire Department has noted deficiencies that are making Terry's Fish & Chips non- compliant with the adopted Fire Code and has issued three notices to the business owner. Several of the violations have "a significant impact to the safety of the occupants of the building and the structure itself." According to Alaska State Statute 04.11.480, a local governing body may protest the issuance, renewal, relocation, or transfer to another person of a license by sending the board and the applicant a protest and the reasons for the protest within 60 days of receipt from the board of notice of filing the application. The board shall consider a protest and testimony received at a hearing conducted under AS 04.11.510(b)(2) or (4) when it considers the application or continued operation, and the protest and the record of the hearing conducted under AS O4.11.510(b)(2) or (4) shall be kept as part of the board's permanent record of its review. If an application or continued operation is protested, the board shall deny the application or continued operation unless the board finds that the protest is arbitrary, capricious, and unreasonable. In addition to the right to protest, a local governing body may notify the board that the local governing body has determined that a licensee has violated a provision of this title or a condition imposed on the licensee by the board. Unless the board finds that the local governing body's determination is arbitrary, capricious, or unreasonable, the board shall prepare the determination as an accusation against the licensee under AS 44.62.360 and conduct proceedings to resolve the matter as described under AS 04.11.510(c). 1e,3 Alaska Statute, Sec. 04.11.330. Denial of license or permit renewal. (a) An application requesting renewal of a license shall be denied if (1) the board finds, after review of all relevant information, that renewal of the license would not be in the best interests of the public Alaska Statute, Sec. 04.11.370. Suspension and revocation of licenses and permits. (a) A license or permit shall be suspended or revoked if the board finds (6) failure of the licensee to comply with the public health, fire, or safety laws and regulations in the state; FISCAL NOTE: In the event the City of Seward chooses to file a protest for the above liquor license renewal, then under Alaska Statutes the City of Seward will be required to assist in, or undertake the defense of its protest. RECOMMENDATION: Give formal (voting) direction if the local governing body intends to object to the liquor license renewal for Terry's Fish & Chips. �0 Memo To: Johanna Kinney, City Clerk From: David Squires, Fire Chief Date: March 5, 2012 Re: Renewal of Liquor License for Terry's Fish & Chips 1*01 The purpose of this memo is to inform you that Terry's Fish & Chips is not in compliance with the adopted Fire Code. Several of the violations have a significant impact to the safety of the occupants of the building and the structure itself. Until the violations are corrected, I cannot sign off on the renewal. We have sent several notices to the owner of the business to get a written notification of compliance; to date we have received nothing from the owner. Our next letter to the owner will be a fourth notice and a reinspection of the establishment will be conducted. MEMORANDUM Date: January 31, 2012 To: Michelle Endresen Finance/Leases Kari Atwood Finance/Public Utilities Chief Tom Clemons Police Department Chief David Squires Fire Department From: Johanna Kinney, City Clerk Y(/ RE: Verifying Compliance For The enewal Of Liquor License Application The following business has applied for a renewal of their liquor license. Please review for compliance with all utilities, lease payments and assessments. Thank you. Name of Business: Terry's Fish & Chips Type of License: Restaurant/Eating Place - Public Convenience License Number: 5007 Department Status Initials Finance/Leases 141 A- - ® \L-01 c Finance/Utilities 31� 1►a. P rt1V i s� opt a l Co +gyp �, �,.� c.t ---�_ - Police Chief �1L Fire Chief AD4l►4`%1-- !&— M R M 9 KENAI PENINSULA BOROUGH 144 North Binkley Street • Soldotna, Alaska 99669-7520 a PHONE: (907) 714-2160 • FAX: (907) 714-2388 Toll -free within the Borough: 1-800-478-4441 Ext. 2160 Email: assemblyclerk@borough.kenai.ak.us JOHNI BLANKENSHIP, MIVIC BOROUGH CLERK January 31, 2012 Ms. Christine Lambert Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Road Anchorage, Alaska 99507-1286 RE: Non -Objection of License Renewal Business Name Terry's Fish & Chips License Type Restaurant/Eating Place — Public Convenience License Location City of Seward License No. 5007 Dear Ms. Lambert, This serves to advise that the Finance Department has reviewed the above referenced application and has no objection to the renewal of this license. Should you have any questions, or need additional information, please do not hesitate to contact our office. Sincerely, V-^^�' y Johni Blankenship, MMC Borough Clerk JB/klr cc: Applicant City of Seward KPB Finance Department File o �y�td �rn ��'r� SEWARD COMMUNITY } 1" LIBRARY MUSEUM PROJECT J6�`�h' MUsev NOVEMBER 2011 — FEBRUARY 2012 PROJECT STATUS REPORT PROJECT ACHIEVEMENTS: • Project Manager Selection • Architect Selection • Design Concept finalized • State Grant approved • Geotechnical work complete • CMGC Contractor Selection • Added Basement Storage • Design Completion • Existing structures removed • Value engineering efforts to bring project into budget • Special inspection contractor selected • Construction contract approved • City Bonds Sold Basement walls being formed • Construction underway • Materials acquisition in progress Building foundation walls. Construction on hold until Spring. PROJECT UPDATE Sub -contractor Harmon Construction completed the foundation work in early November. The concrete was covered, insulated and has been heated and temperature monitored over the winter. The design and construction team has been refining the construction schedule, signing subcontractors and ordering steel and other long -lead items. Concrete walls and footers LOOK AHEAD Structural steel is scheduled to arrive in late March. Construction will resume MILESTONES: in early April and moving full speed by May weather permitting. Furnishings and equipment lists are being compiled and specified. The City of Seward has • Complete site and foundation work negotiated a contract with the Alaska Sealife Center to work with their exhibit • Complete procurement of structural steel design department to lay out the museum and the exhibit plan with concepts due in and other long -lead materials mid -March. • Spring 2012 construction start up We are anticipating a busy and productive summer building season with completion scheduled for November. PROJECT INFORMATION CONTACT. PATTY LINVILLE. LIBRARY DIRECTOR PLINV1 LE(0CITYOFSEtvARL7.NET OR 907.224.4082 �'s 19 SCHEDULE 2009 2010 2011 2012 2013 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Y o Schematic Design 8/9/10 NTP for Design Development, Design Development �i 12/30/10 Design Development Submittal 2/1/11 NTP fbi Construction Documents �1 - ConstiuctionDocuments x Select CM/GC Contractor F Pre -Construction Services Negotiate GMP 7/26/11 NTP Materials Procurement Fall Construction --�. I Construction Winter Shutdown FF&E Procurement Exhibit Design/Construction Exhibit Installation `k_,., =iR , .. RI MCTFT AS, nF 0C'T0BFR 5. 2011 ORIGINAL BUDGET ADJUSTED SPENT (as of 7/31/2011) FORECAST AT COMPLETION Construction $7,399,000 $7,5015158 $1,388,288 $7,501,158 Design & Construction Administration $1,066,720 $1,066,720 $889,035 $1,066,720 Professional Services $394,000 $394,000 $219,536 $394,000 Other $310,000 $310,000 $55,992 $310,000 Exhibits $100,000 $100,000 $10,000 $100,000 Project Contingency $738,378 $636,220 $102,158 $738,378 Total Project Cost $10,008,098 $10,008,098 $2,665,009 $10,008,098 KEY PCL SUB -CONTACTORS: • KC Alaska, Inc. 0 BEK of Alaska, Inc. • Harmon Construction, Inc. 0 )R Heritage Construction, Inc. • Carve Construction, LLC. • South Central Mechanical, LLC, Redi Electric, Inc. • Industrial Roofing, Inc. VISIT OUR PROJECT WLBSITL: WWW SOM L THINGFORUS.ORG I 0 I Basement walls being formed March 2012 March 2012 April SuMo TuWe Th Fr Sa Su_M_ o TuWe Th Th Fr Sa 1 2 3 1 2 3 4 5 6 7 4 5 6 7 8 9 10 8 9 10 11 12 13 14 11 12 13 14 15 16 17 15 16 17 18 19 20 21 18 19 20 21 22 23 24 22 23 24 25 26 27 28 25 26 27 28 29 30 31 29 30 Monday Tuesday Wednesday Thursday Friday Feb 27 28 29 Mar 1 2 N r` N ai L1. 5 6 7 8 9 12:OOpm Seward Comm 12:OOpm PACAB Meetin 6:OOpm DOT Bridge Re 6:OOpm P&Z Joint WS am L, 7:OOpm P&Z Meeting m 12 13 14 15 16 7:OOpm City Council M ' N l0 19 20 21 22 23 6:OOpm P&Z Work Ses 12:OOpm PACAB Work 5 9:OOam Social Security 6:30pm Historic Preser N Ql '-1 2 26 27 28 29 30 Offices Closed; Seward 7. Opm City Council M 6:OOpm CC Joint WS j r' 7:OOpm Fish & Game N 0 m N Vanci Richev 1 I/O/In„ n—n AAA V10 IF in April 2O12 April May - SuMo TuWe Th Th Fr Sa SuMo TuWeTh Th Fr Sa - 1 2 3 4 5 6 7 1 2 3 4 5 8 9 10 11 12 13 14 6 7 8 9 10 11 12 15 16 17 18 19 20 21 13 14 15 16 17 18 19 22 23 24 25 26 27 28 20 21 22 23 24 25 26 29 30 27 28 29 30 31 Monday Tuesday Wednesday Thursday Friday Apr 2 3 4 5 6 7:OOpm P&Z Meeting 12:00pm PACAB Meetin N Q Q 9 10 11 12 13 7:00pm City Council Mom 7:00pm KPB Road Sery 11:30am Seward Comm m n. Q 16 17 18 19 20 6:00pm P&Z Work Ses 12:00pm PACAB Work S 9:00am Social Security 6:30pm Historic Preser 0 N lD a Q 24 25 26 27 7:00pm City Council M N m N Q Q 30 May 1 2 3 4 v 0 m a a r+` �1011nl') n•r) nnn Nand Richey �-I k