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HomeMy WebLinkAbout09102012 City Council PacketSeward City Council Agenda Packet September 10, 2012 City Council Chambers Beginning at 7: 00 p, m. Mike Rogers with his $50,000 Tagged Fish! 1963 1965 2005 The City of Seward, Alaska CRY CITY COUNCIL MEETING AGENDA All-Ameflea CRY {Please silence all cellular phones and pagers during the meeting} September 10, 2012 7 p m Council Chambers David Seaward Mayor Term Expires 2013 Jean Bardarson Vice Mayor Term Expires 2012 Robert Valdatta Council Member Term Expires 2013 Christy Terry Council Member Term Expires 2013 Vanta Shafer Council Member Term Expires 2013 Marianna Keil Council Member Term Expires 2012 Ristine Casagranda Council Member Term Expires 2012 James Hunt City Manager Johanna Kinney City Clerk Cheryl Brooking City Attorney I. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING [Those who have signed in will be given the first opportunity to speak. Time is limited to 3 minutes per speaker and 36 minutes total time for this agenda item.] 5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval of Consent Agenda passes all routine items indicated by asterisk ( *). Consent Agenda items are not considered separately unless a council member so requests. In the event of such a request, the item is returned to the Regular Agenda] 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS A. Proclamations and Awards 1. Patriot Day ........................... ............................Pg. 4 2. American Legion Day ............... ............................Pg. 5 3. Information Literacy Month ........ ............................Pg. 6 B. Borough Assembly Report C. City Manager's Report D. Mayor's Report E. Other Reports and Presentations City of Seward, Alaska Council Agenda September 10, 2012 Page I 7. PUBLIC HEARINGS A. Ordinances for Public Hearing and Enactment I. Ordinance 2012 -008 Revising Seward City Code Chapter 14.05 (Garbage And Refuse), Increasing Allowable Container Sizes, Changing "Occupant" To "Occupant And /Or Owner ", And Requiring Bear - Resistant Dumpster Lids And /Or Containers For Repeat Attractive Nuisance Violations.. B. Resolutions Requiring Public Hearing 1. Resolution 2012 -070 Amending The Garbage Tariff, Increasing The Residential Rate Schedule By Approximately 25 %, Adding Bulky Item Pickup Service And Lockable Dumpster Lids, Creating A Monthly Charge For The Rent Or Lease Of Dumpsters From The Contractor, Encouraging The Use Of Bear Resistant Garbage Cans, And Increasing All Other Rates By An Average Of 25% For 2013 And Providing For Automatic Annual Adjustments To The Rate Schedule During The Term Of The Franchise Agreement Beginning January 1, 2014 At A Rate Equal To 140% Of The Consumer Price Index ........... ............................Pg. 12 2. Resolution 2012 -071 Recommending Kenai Peninsula Borough Approval Of The Forest Acres Subdivision Levee Replat; Creating Four (4) Parcels; Vacating Undeveloped Rights -Of -Way And Utility Easements While Dedicating New Rights -Of -Way And Utility Easements; Located South Of The North Forest Acres Levee And Predominantly Within The Resource Management Zoning District .................................. ............................Pg. 19 8. NEW BUSINESS A. Ordinances For Introduction * 1. Ordinance 2012 -009 Establishing Criteria For Substances Added To Public Drinking Water For Purposes Unrelated To Potability ............... ............................Pg. 34 *2. Ordinance 2012 -010 Amending Title 14 Of The City's Code Of Ordinances To Provide For Interconnection Of Small Renewable Energy Sources To The City's Electrical DistributionSystem ....................................................... ............................Pg. 40 B. Resolutions 1. Resolution 2012 -072 Approving An Engineering Contract With R & M Consultants In The Amount Of $85,545 For The Design Of The D -Float Replacement Dock At The Seward Small Boat Harbor, And Appropriating Funds ........ ............................Pg. 117 2. Resolution 2012 -073 Establishing An Overall Project Budget And Authorizing Revisions For The Seward Community Library Museum Project, And Authorizing Change Order No. 4 For $263,493.17 To The Construction Contract With PCL Construction Services, Inc........................................................................... ............................P 138 C. Other New Business Items 9. INFORMATIONAL ITEMS AND REPORTS (No action required) City of Seward Alaska Council Agenda September 10, 2012 Page 2 10. COUNCIL COMMENTS 11. CITIZEN COMMENTS [S minutes per individual - Each individual has one opportunity to speak.] 12. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS 13. EXECUTIVE SESSION A. Go into Executive Session to discuss the City Manager's evaluation. 14. ADJOURNMENT City of Seward, Alaska Council Agenda September 10, 2012 Page 3 PROCLAMATION WHEREAS, the unprovoked attacks of September 11, 2001 upon America by foreign terrorists thrust the United States into a war it never envisioned; and WHEREAS, the challenges facing all the civilized people of the world as they relate to ending terrorism will not end until there is elimination or justice; and WHEREAS, America's commitment to ensuring our freedoms remain unfettered and sovereign for all generations; and WHEREAS, world opinion must remain focused upon the eradication of all inhuman acts perpetrated around the globe; and WHEREAS, one way to accomplish that is to `NEVER FORGET' so those innocent victims will not have died in vain; and WHEREAS, a noble and appropriate way to accomplish this is through an annual celebration of their lives; and WHEREAS, this commemoration should be conducted each year on September 11 tt, and should include, • The promotion of global peace & goodwill • The demonstration of America's resolve to eliminate terrorism • The advancement of responsible citizenship • The encouragement of patriotism, and • The poignant remembrance of those thousands of innocent victims NOW, THEREFORE, I, David Seaward, Mayor of the City of Seward, Alaska do hereby encourage all citizens of Seward to reflect upon and remember the lives lost during the 11 tip anniversary of that tragic event on Tuesday, September 11, 2012. Dated this 10th Day of September, 2012 THE CITY OF SEWARD, ALASKA David Seaward, Mayor PROCLAMATION WHEREAS, on September 16, 1919 Congress issued a Federal Charter to the American Legion; and WHEREAS, as a veterans' service organization, the American Legion remains active at the local, state and national level; and WHEREAS, American Legion members, known as Legionnaires, donate millions of volunteer hours in veterans' medical facilities and homes; and WHEREAS, the American Legion supports employment programs and opportunities for veterans; and WHEREAS, the American Legion provides grants to veterans who have children and who are experiencing financial hardships; and WHEREAS, the American Legion sponsors and supports numerous activities for children and youth, including Special Olympics and the Children's Miracle Network; and WHEREAS, the American Legion has awarded millions of dollars in college scholarships; and WHEREAS, Legionnaires believe that a veteran's service for the United States goes on long after he or she is discharged from the Armed Forces. NOW, THEREFORE, I, David Seaward Mayor of the City of Seward, Alaska do hereby encourage all citizens of Seward to support the goals and ideals of the American Legion and declare September 16t as American Legion Day. Dated this 10th Day of September, 2012 THE CITY OF SEWARD, ALASKA David Seaward, Mayor 5 Proclamation WHEREAS, information literacy includes the skills needed to find, evaluate and Use credible information from a variety of sources in an ever -- changing, information- inundated world; and the ability to search, find, decipher and analyze different forms of information is a key component in effective decision - making across the oil and gas, fishing, transportation, tourism, education, medical, and technological industries; and WHEREAS, individuals who are skilled in the location and application of information in a digital world are able to seek highly- skilled jobs and compete in a global market; and WHEREAS, information literacy, as taught in schools and libraries, is a crucial component of education, and a lifelong skill necessary for informed decision making; and WHEREAS, using information to understand hUman, cultural, and societal issues promotes an informed and engaged citizenry; and WHEREAS, through public awareness, the State of Alaska seeks to remind citizens, employers, educators, government agencies, and institutions of the importance of information literacy for economic prosperity, social cohesion, educational opportunity, the success of the democratic process, and an enhanced quality of life NOW, THEREFORE, I, David Seaward, Mayor of Seward, Alaska, do hereby proclaim October 2012 as INFORMATION LITERACY MONTH IN ALASKA Dated this 10th Day, of September, 2012 THE CITY OF SEWARD, ALASKA David Seaward, Mayor FIF Sponsored by: Hunt Introduction: August 27, 2012 Public Hearing: September 10, 2012 Enactment: CITY OF SEWARD, ALASKA ORDINANCE 2012 -008 AN ORDINANCE OF THE CITY COUNCIL OF TIIE CITY OF SEWARD, ALASKA, REVISING SEWARD CITY CODE CHAPTER 14.05 (GARBAGE AND REFUSE), INCREASING ALLOWABLE CONTAINER SIZES, CHANGING `OCCUPANT" TO "OCCUPANT AND /OR OWNER ", AND REQUIRING BEAR - RESISTANT DUMPSTER LIDS AND /OR CONTAINERS FOR REPEAT ATTRACTIVE NUISANCE VIOLATIONS WHEREAS, the City of Seward ( "City "), by its Charter and Ordinances provides for the sanitary, economic, and efficient collection and disposal of garbage, rubbish, and waste material in the City and its service areas through a franchise agreement with a refuse contractor; and WHEREAS, the Alaska Public Utilities Commission has been replaced with the Regulatory Commission of Alaska, necessitating housekeeping changes to the Garbage and Refuse Code; and WHEREAS, changes to the City Code are necessary to reflect recent modernizations in the system of refuse collection to accommodate larger container sizes; and WHEREAS, the City desires to improve public safety by minimizing negative bear /human/garbage encounters by imposing fines on individuals who fail to prevent access to their garbage by bears, and by requiring repeat offenders to utilize locking dumpster lids and /or bear - resistant dumpsters and /or garbage cans during the months of May through August, to minimize such encounters; and WHEREAS, the City works cooperatively with local agencies and interested parties to protect public safety by minimizing bear /garbage /human encounters, and by modifying the Garbage and Refuse Ordinance, can add incentives for local citizens and businesses to more responsibly containerize their garbage in such a way as to not attract bears. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINS that: Section 1. Seward City Code Section 14.05.010 Refuse Service Provided and Required is amended as follows: Sti:i = Delete Bold = New (a) Every person occupying and /or owning a building or building site within the city shall use the system of refuse disposal provided in this chapter, unless the person utilizes a carrier holding a valid permit from the Alask Publie Utiliti C omm i ss i o n Regulatory Commission of Alaska. The city may exempt a person from this requirement only to the extent they are paying for refuse service at another building or building site within the city. CITY OF SEWARD, ALASKA ORDINANCE 2012 -008 (b) The city shall either provide or contract for collection and disposal of refuse. The public works department of the city or the contractor shall prescribe routes and days for collection. When such routes or days are established or changed, reasonable notice thereof shall be given to affected customers. No other carrier other than one authorized by the Alaska P Utilities C o mm ission Regulatory Commission of Alaska may collect, dispose, or remove refuse from any premises in the city. Nothing in this section shall be deemed to prohibit an occupant and /or owner from removing or causing the removal of refuse accumulated on the premises occupied by him and disposing of the same in a lawful manner. (Ord. 415, 1975; Ord. 428, 1976; Ord. 504, 1982) Section 2. Seward City Code Section 14.05.025(a) Use of Containers and Placement is amended as follows: Stfikeout = Delete Bold = New (a) Every person occupying and /or owning a building in the city shall provide containers suitable for collection of refuse. All refuse such as vacuum cleaner dust, non- explosive liquids, sweepings and other refuse that poses a hazard to collection or risk of spillage in normal collection shall be individually packaged prior to placement in a container. Section 3. Seward City Code Section 14.05.030(a) Container Specifications Generally is amended as follows: Strikeout = Delete Bold = New (b) All containers shall conform to the following minimum specifications: (1) Shall not exceed 40 96 gallons capacity; (2) Shall not exceed 6-5 220 pounds when filled; (3) Shall not exceed 30 65 pounds empty weight; (4) Shall be watertight with an animal -proof lid and of adequate durability for continued use. No corrugated cardboard box shall be used except as herein provided. No 50 or 55 gallon steel petroleum drums or the like shall be permitted, whether cut down or otherwise altered. Section 4. Seward City Code Section 14.05.035 Container Racks is amended as follows: Stakeout = Delete Bold = New Containers or container racks shall be designed so as to prevent the upsetting or spillage by wind, weather, animals, or accident. C—entai-ne-rs or .amain.f faeks shall not be plaeed on the publie fight of way. Violation of this section due to bear attractants is subject to a fine of $100.00 for each offense. The fine for the first offense only will be waived upon proof of purchase or lease of the appropriate containment measure (e.g. locking dumpster lid, bear - resistant dumpster, or bear - resistant CITY OF SEWARD, ALASKA ORDINANCE 2012 -008 garbage can), provided the containment measure is in place within 30 days of the date of the violation. More than one violation of this section by dumpster customers will require the occupant and /or owner to obtain a locking dumpster lid or bear - resistant dumpster for the period May through August. In addition to the $100 fine, more than one violation of this section by customers utilizing garbage cans will require the occupant and /or owner to purchase or lease a bear - resistant garbage can. (a) Containers or container racks shall not be placed on the public right -of -way. (Ord. 504, 1982; Ord. 95 -06) Section 5 . This ordinance shall take effect 10 days following its enactment. ENACTED by the City Council of the City of Seward, Alaska, this l O day of September, 2012. THE CITY OF SEWARD, ALASKA AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) David Seaward, Mayor I Council Agenda Statement Meeting Date: August 27, 2012 Through: James Hunt, City Manager From: Kristin Erchinger, Finance Director 00 Agenda Item: Garbage and Refuse Ordinance BACKGROUND & JUSTIFICATION: The City of Seward is pursuing a franchise agreement for solid waste collection services which will take effect January 1, 2013. In the course of preparing for a new agreement, staff reviewed the City's current Refuse Tariff and the City Code Chapter 14.05 Garbage and Refuse, and propose a number of changes to address the following: 1) housekeeping to replace verbage referencing the former Alaska Public Utilities Commission with its replacement agency, the Regulatory Commission of Alaska; 2) recent modernizations in the system of refuse collection require replacing the out -dated garbage can sizes with the new larger capacity can sizes; 3) replacing the term "occupant" with "occupant and/or owner" to allow for better enforcement on properties without a current occupant; 4) specifying the condition under which a person may be exempted from paying for refuse (only if the person pays for refuse at a separate location within the City); and 5) measures aimed at minimizing bear/human/garbage encounters include encouraging the use of bear - resistant garbage cans, and mandating the purchase of those cans and/or bear - resistant dumpster lids for individuals or entities who do not take proper measures to contain garbage to deter bear encounters. The City of Seward police department, community development department, and administration have been working cooperatively with other local agencies and interested parties to consider ways to reduce incidents involving bear/human/garbage interactions. The Seward Wildlife Community Conservation Program ( "SWCCP ") was formed in 2008 with the goal of conserving wildlife and their habitat in the Seward area. They receive guidance from the Alaska Department of Fish and Game, and were instrumental in receiving grant funds from the U.S. Fish & Wildlife Service and Conoco Phillips, to provide for the subsidized sale of bear resistant garbage cans in the Seward area, at 25% of the full cost of the cans. This effort resulted in the sale of more than 650 bear- resistant garbage cans, half of which are assumed to have been purchased by local residents. The SWCCP and its partners continue to work with the City and have made a number of recommendations to the City to reduce bear attractants, which are incorporated into the proposed Code revisions. One material proposed revision to the Code, involves an attempt to incentivize local residents to properly contain their garbage to reduce bear attractants. A proposed fine of $100 has been added to the Code, for containers and/or racks which do not properly prevent garbage from being spilled by "wind, weather, animals, or accident." An additional penalty has been added to the Code for multiple violations involving bears; multiple violations involving dumpsters will require the occupant and/or owner to obtain a locking dumpster lid or a bear- resistant dumpster (both available from the contractor) during the months May through August, and multiple violations involving garbage cans will require the occupant and/or owner to purchase or lease a bear- resistant garbage can (also available from the contractor). tc) The City has also worked with the current refuse contractor to identify additional revisions to the City Code. The proposed modifications to increase garbage can maximum capacity sizes based on newer inventories such as bear - resistant garbage cans, were suggested by the refuse contractor, as follows: from the current maximum 40 gallon capacity to the proposed 96 gallon capacity; from the current 65 pound maximum filled weight to the proposed 220 pounds filled weight; and from the current 30 pound maximum empty weight to the proposed 65 pounds empty weight. The administration recommends approval of the proposed changes to the Garbage and Refuse Chapter of the Seward City Code. CONSISTENCY CHECKLIST: Yes No N/A sive Plan: Page 11- Community Appearance, Page 13 -City Page 26- Public Facilities. X t Goveniment, an: Page 4- Nautural, Promote a Safe Community -Page 18 X F ATTORNEY REVIEW: Yes X No FISCAL NOTE These proposed revisions will not result in additional costs to the City, or additional revenues. Approved by Finance Department: RECOMMENDATION: Ord l 4CWC-C �Z W- 00$ Council approve welt o =a - 14.05 Garbage and Refuse. T ,approving modifications to Seward City Code Chapter Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2012 -070 A RESOLUTION OF THE CITY COUNCIL OF TIIE CITY OF SEWARD, ALASKA, AMENDING THE GARBAGE TARIFF, INCREASING TIIE RESIDENTIAL RATE SCHEDULE BY APPROXIMATELY 25 %, ADDING BULKY ITEM PICKUP SERVICE AND LOCKABLE DUMPSTER LIDS, CREATING A MONTHLY CHARGE FOR THE RENT OR LEASE OF DUMPSTERS FROM THE CONTRACTOR, ENCOURAGING THE USE OF BEAR RESISTANT GARBAGE CANS, AND INCREASING ALL OTIIER RATES BY AN AVERAGE OF 25% FOR 2013 AND PROVIDING FOR AUTOMATIC ANNUAL ADJUSTMENTS TO THE RATE SCHEDULE DURING THE TERM OF THE FRANCHISE AGREEMENT BEGINNING JANUARY 1, 2014 AT A RATE EQUAL TO 140% OF TIIE CONSUMER PRICE INDEX WHEREAS, following a recent Request for Proposals for the collection of solid waste, the Seward City Council passed Resolution 2012 -68 at a Special Council Meeting held on August 13, 2012, authorizing a franchise agreement ( "Agreement ") for the collection and disposal of garbage and refuse, with Alaska Waste — Kenai Peninsula, LLC, subject to approval by the Seward voters in an election to be held October 2, 2012; and WIIEREAS, the Agreement establishes a Refuse Collection Rate Schedule ( "Rate Schedule ") which reflects the bid prices set forth in the response to the Request for Proposals, and is attached hereto and incorporated by reference; and WHEREAS, refuse rates were last adjusted January 1, 2011 with an across - the -board increase of 25 %, and prior to that, in accordance with Resolution 2004 -18 effective April 1, 2004; and WHEREAS, the proposed Rate Schedule increases the residential rates by approximately 25 %, adds bulky item pickup service and lockable dumpster lids, creates a monthly charge for the rent or lease of dumpsters from the contractor, encourages the use of bear resistant garbage cans, and increases all other rates by an average of 25 %; and WIIEREAS, the Garbage Tariff is further amended to allow for automatic annual adjustments to the Rate Schedule during the term of the franchise agreement beginning January 1, 2014, in accordance with the bid prices set forth in response to the Request for Proposals, at a rate equal to 140% of the Consumer Price Index, without further action of the City Council. NOW THEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF TIIE CITY OF SEWARD, ALASKA, that: Va CITY OF SEWARD, ALASKA RESOLUTION 2012 -070 Section 1. Effective January 1, 2013, the City of Seward garbage /refuse rates and charges as set forth in the Utility Tariff are deleted and replaced with the rates and charges attached hereto and incorporated herein by reference. Section 2. Effective January 1, 2014, the City of Seward garbage /refuse rates and charges as set forth in the Utility Tariff will be adjusted, and on each January 1 S ` thereafter during the term of the Agreement, based on 140% of the Consumer Price Index -U all items, 1982- 1984 =100, for urban wage earners and clerical workers, Anchorage, Alaska area, as published by the U.S. Department of Labor, Bureau of Labor Statistics (Note: 1/1/2014 adjustment will be based on 2012 CPI data). This adjustment will be automatic without further action required by the Seward City Council. Section 3. This resolution shall take effect ten days following adoption and posting. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 10` day of September, 2012. THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) 13 Council Agenda Statement Meeting Date: August 27, 2012 Through: James Hunt, City Manager From: Kristin Erchinger, Finance Director O Agenda Item: Garbage Tariff Amendment and Addition of Automatic Annual CPI Adjustments BACKGROUND & JUSTIFICATION: The City of Seward, through its Charter and its Code of Ordinances, provides for the collection and disposal of garbage and rubbish and holds a Certificate of Public Convenience and Necessity issued by the Regulatory Commission of Alaska for its refuse utility (Certificate U- 99 -22). Since at least the early 1970s, the City has utilized a private contractor to provide refuse services in Seward. The City Code requires that a franchise for a public utility be approved by a majority of electors in a regular City election. In response to a recent Request for Proposals, the City Council approved Resolution 2012 -68 at a Special Council Meeting on August 13, 2012, authorizing a franchise agreement ( "Franchise Agreement ") with Alaska Waste — Kenai Peninsula, LLC, subject to approval by the Seward voters in an election to be held on October 2, 2012. The Agreement is for seven years with an option to extend for up to three additional years. Refuse rates in Seward have been increased three times since 1991 (21 years). In 2002, the residential rate (for the first two standard containers, one pick -up per week) rose from $10.85 to $15.94 per month (47 %), and then to $17.22 per month in 2004 (8% increase), and to $21.53 per month in 2011(25% increase). The recently- approved franchise agreement calls for a residential rate of $26.91 beginning January 1, 2013 (25% increase). Assuming the Franchise Agreement is approved, since 1991 rates will have increased a total of 148% reflecting an average annual increase in refuse rates of 7 %, or $0.76 per year. Since rates have only been amended three times in 21 years, rate increases resulted in "rate shock" because they were substantial increases necessitated by overall inflationary cost increases, plus the significant cost in the increase of fuel. To avoid rate shock — and to provide Seward residents with transparency about potential rates during the duration of this contract -- the Request for Proposals required the contractor to bid on future rate adjustments as a percentage of the annual Consumer Price Index ( "CPI ")'. In this way, prospective bidders would not be able to bid artificially low in order to win the contract, only to propose large rate adjustments in the future after securing the contract. This transparency enables to the customer to get a sense of what they can expect in the way of rate increases going forward, and allows contractors a level playing field in the bidding process. The CPI has increased an average of 2.559% from 1991 to 2011. The successful bid by Alaska Waste — Kenai Peninsula, LLC proposes annual rate adjustments equal to 140% of the CPI. It is not possible to predict the future price of a basket of goods; however, assuming that the average CPI increases at a rate similar to the past twenty years, refuse rates can be expected to increase by 3.58% per year (2.559% x 1.40). Over the seven -year life of the franchise agreement, it is reasonable to predict that rates will increase from $26.91 in 2013 to approximately $33.23 in 2019 (the first CPI- �L� CITY OF SEWARD, ALASKA RESOLUTION 2012- based increase will be January 1, 2014). This represents a total increase of $6.32 per month, or a cumulative increase of 23.5 %. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan: Page 11- Maintain a clean, litter -free community; Page 14- Support ADF &G's Bear -Safe Community Program; Page 27- Conduct rate studies on utilities as needed. X 2. Strategic Plan: Page 18 - Promote a Safe Community X 3. Other (list): X INTENT Adopt a new garbage tariff consistent with the new Franchise Agreement with Alaska Waste — Kenai Peninsula, LLC. Implement a new annual CPI adjustment in the Garbage Tariff which allows for automatic annual adjustments as approved in the new Franchise Agreement, without the need for further Council approval. ATTORNEY REVIEW Yes X No FISCAL NOTE The City Code requires that the City of Seward provide for refuse collection services either through the public works department or a contractor. This contract will not require the City to provide the services directly. The City collects a 3% franchise fee from the contractor for the use of City streets, alleys, etc. Approved by Finance Department: a ��tx.Lu RECOMMENDATION: Council approve Resolution 2012 -0 , dopting the Garbage Tariff, including automatic annual adjustments to the Rate Schedule based on 140% of the CPI. 'The Consumer Price Index all items, 1982 - 1984 =100, for urban wage earners and clerical workers, Anchorage, Alaska, area, as published by the U.S. Department of Labor, Bureau of Labor Statistics. 1� SCHEDULE OF YEAR 2013 FEES REFUSE COLLECTI RATES IN SEWARD jfective January 1, 2014 and each January 1st thereafter throughout the term of the Franchise Agreement between the City of Seward and Alaska Waste Kenai Peninsula, LLC, rates will be adjusted based on 140% of the annual cost of living as stated in the consumer price index, all items, 1982- 984 =100 for urban wage earners and clerical workers, Anchorage, Alaska area, as publisehd by the US Department of Labor, Bureau of Labor tatistics. (NOTE: 11112014 will utilize CPI data from 2012). This annual rate adjustment does not require further action by the Seward City Council. SERVICE CHARGE FOR CONTAINERS 2.0 -2.4 yd. $15.76 $68.25 $136.50 $204.75 $273.00 $341.25 $409.50 $31.51 2.5 -2.9 yd. $24.35 $105.44 $210.88 $316.31 $421.75 $527.19 $632.63 $48.70 3.0 - 3.9 yd. $28.00 $121.23 $242.45 $363.68 $484.90 $606.13 $727.35 $55.99 4.0- 4.9 yd. $32.04 $138.69 $277.38 $416.06 $554.75 $693.44 $832.13 $64.06 5.0 - 5.9 yd. $38.44 $166.45 $332.90 $499.35 $665.80 $832.25 $998.70 $76.88 6.0 - 7.9 yd. $44.23 $191.44 $382.88 $574.31 $765.75 $957.19 $1,148.63 $88.43 8 yd. $59.99 $259.76 $519.53 $779.29 $1,039.05 $1,298.81 $1.558.58 $119.99 MONTHLY CONTAINER RENTAL (to rent container from contractor) CONTAINER SIZE pffmwith 2.0 - 2.4 yd. $25.00 2.5 - 2.9 yd. $30.00 3.0 - 3.9 yd. $36.25 4.0 - 4.9 yd. $46.25 5.0 - 5.9 yd. $56.25 6.0 - 7.9 yd. $66.25 8 yd. $75.25 LOCKABLE DUMPSTER LIDS: $15.00 per month COMMERCIAL CAN SERVICE Monthly rhnrue NO. PICKUPS PER WEEK First Two Containers Additional Containers Drive Out and Pack Out Service per Month 1 $26.91 $10.00 $25.00 2 $53.83 $10.00 $28.75 3 $80.74 $10.00 $32.50 4 $107.65 $10.00 $36.25 5 $134.56 $10.00 $42.50 6 $161.48 $10.00 $46.25 l(o SCHEDULE OF YEAR 2013 FEES REFUSE COLLECTION RATES IN SEWARD Effective January 1, 2014 and each January 1st thereafter throughout the term of the Franchise Agreement between the City of Seward and Alaska Waste - Kenai Peninsula, LLC, rates will be adjusted based on 140% of the annual cost of living as stated in the consumer price index, all items, 1982- 1984 =100 for urban wage earners and clerical workers, Anchorage, Alaska area, as publisehd by the US Department of Labor, Bureau of Labor Statistics. (NOTE: 11112014 will utilize CPI data from 2012). This annual rate adjustment does not require further action by the Seward City Council. RF.CID .NT AI. SERVICE Mnnthlu rhoran F r rinn Ti...n Der W-1, cor.4— ITEM PICKUP: $42.18 per item minimum or $168.75 per hour for labor and ROLL- ON/ROLL -OFF CONTAINER SERVICE $168.75 PER HOUR Time and Eouioment rates annly to special nickuns TIME AND EQUIPMENT One Truck and One Person: One Truck and Two Persons: Special Pickups: Minimum Charge: Maintenance of Pick Up Area: Extra Yardage: * bpc = Bear Proof Can Effective: January 1, 2013 $168.75 per hour $219.38 per hour 1.5 times the regular hourly rate (After 5:00 p.m. and before 8:00 a.m. and anytime on Saturday, Sunday or holidays) 1/2 Hour at the applicable rate $25.00 minimum charge $9.85 per cubic yard First Two Cans or First Two Cans or Two 32 gal bpc* or Two 32 gal bpc* or One 64 gal bpc* One 64 gal bpc* One 96 gal bpc* One 96 gal bpc* Additional Cans (customer owned) (contractor owned) (customer owned) (contractor owned) Pack Out , Single Family or Apartment 1 26.911 28.911 34.551 36.551 $7.00 $25.00 ITEM PICKUP: $42.18 per item minimum or $168.75 per hour for labor and ROLL- ON/ROLL -OFF CONTAINER SERVICE $168.75 PER HOUR Time and Eouioment rates annly to special nickuns TIME AND EQUIPMENT One Truck and One Person: One Truck and Two Persons: Special Pickups: Minimum Charge: Maintenance of Pick Up Area: Extra Yardage: * bpc = Bear Proof Can Effective: January 1, 2013 $168.75 per hour $219.38 per hour 1.5 times the regular hourly rate (After 5:00 p.m. and before 8:00 a.m. and anytime on Saturday, Sunday or holidays) 1/2 Hour at the applicable rate $25.00 minimum charge $9.85 per cubic yard EXHIBIT 2 SCHEDULE OF YEAR 2011 FEES REFUSE COLLEC RATES IN SEWARD SERVICE CHARGE FOR CONTAINERS CONTAINER SIZE 1 x MO. 1 X WEEK 2 X WEEK 3 X WEEK 4 X WF._F.K 5 X WEEK 6 X WEEK , P. IA . 2.0 but less than 2.5 yd. $12.61 $54.60 $109.20 $163.79 $218.39 $272.99 $327.59 $25.21 2.5 yd but less than 3 yd. $19.48 $84.35 $168.70 $253.05 $337.40 $421.75 $506.10 $38.96 3 yd but less than 4 yd. $22.40 $96.98 $193.95 $290.93 $387.91 $484.89 $581.86 $44.79 4 yd but less than 5 yd. $25.63 $110.95 $221.90 $332.84 $443.79 $554.74 $665.69 $51.25 5 yd. but less than 6 yd. $30.75 $133.16 $266.33 $399.49 $532.64 $665.80 $798.96 $61.50 6 yd. but less than 8 yd. $35.38 $153.15 $306.30 $459.46 $612.61 $765.76 $918.91 $70.74 8 yd. $47.99 $207.81 $415.61 $623.43 $831.23 $1,039.04 $1,246.85 $95.99 COMMERCIAL AN SFRVICE Mnnrhh, t hur..a NO. PICKUPS PER WEEK First Two Containers Additional Containers Drive Out and Pack Out Service per Month 1 $21.53 $1.54 per pickup $18.96 2 $43.04 $1.54 per pickup $37.94 3 $64.56 $1.54 per pickup $56.90 4 $86.08 $1.54 per pickup $75.88 5 $107.60 $1.54 per pickup $94.85 6 $129.11 $1.54 per pickup $113.80 RESIDENTIAL SERVICE Mnnthlv Chnrve fnr nna Ti- Par Waa4 Qarvira ROLL- ON /ROLL-OFF CONTAINER SERVICE $135.00 PER HOUR Time and Equipment rates apply to special pickups One Truck and One Person: $135.00 per hour One Truck and Two Persons: $175.50 per hour Special Pickups: 1.5 times the regular hourly rate (After 5:00 p.m. and before 8:00 a.m. and anytime on Saturday, Sunday or holidays) Minimum Charge: 1/2 Hour at the applicable rate Maintenance of Pick Up Area: $13.50 minimum charge Extra Yardage: $6.00 per cubic yard * bpc = Bear Proof Can Effective: October 1, 2010 1_S First Two Cans or Two 32 gal bpc* or One 96 gal bpc* One 64 gal bpc* One 96 gal bpc* w /cart Additional Cans Pack Out Single Family or Apartment 21.53 32.29 41.04 $1.54 per pickup $18.96 ROLL- ON /ROLL-OFF CONTAINER SERVICE $135.00 PER HOUR Time and Equipment rates apply to special pickups One Truck and One Person: $135.00 per hour One Truck and Two Persons: $175.50 per hour Special Pickups: 1.5 times the regular hourly rate (After 5:00 p.m. and before 8:00 a.m. and anytime on Saturday, Sunday or holidays) Minimum Charge: 1/2 Hour at the applicable rate Maintenance of Pick Up Area: $13.50 minimum charge Extra Yardage: $6.00 per cubic yard * bpc = Bear Proof Can Effective: October 1, 2010 1_S Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2012 -071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA RECOMMENDING KENAI PENINSULA BOROUGH APPROVAL OF THE FOREST ACRES SUBDIVISION LEVEE REPLAT; CREATING FOUR (4) PARCELS; VACATING UNDEVELOPED RIGHTS -OF —WAY AND UTILITY EASEMENTS WHILE DEDICATING NEW RIGHTS -OF -WAY AND UTILITY EASEMENTS; LOCATED NORTII AND SOUTH OF THE NORTII FOREST ACRES LEVEE AND PREDOMINATELY WITIIIN TIIE RESOURCE MANAGEMENT ZONING DISTRICT WHEREAS, administration hired Cline and Associates Land Surveyors to prepare a preliminary plat to be known as Forest Acres Subdivision, Levee Replat; and WHEREAS, this platting action will vacate interior lot lines, undeveloped Rights -of -Way, and undeveloped utility easements creating four (4) parcels totaling 54.59 acres; and WHEREAS, this platting action will dedicate additional lands to Lot BI as per the Settlement Agreement approved by City Council in Resolution 2012 -025; and WHEREAS, this platting action will dedicate additional right -of -way for Dieckgraeff Road and cul -de -sac rights -of -Way for Laurel, Spruce and Fir Streets; and WHEREAS, Cline and Associates has worked diligently with City staff to protect and provide easements for existing and planned utilities throughout the replat area; and WHEREAS, City staff have reviewed, commented and support the proposed Forest Acres Levee Replat; and WHEREAS, the vast majority of the area included within this replat is currently zoned Resource Management (RM); approximately 1 acre is zoned Single Family (R1) and just under 2 acres is zoned Rural Residential (RR); this replat does not create any non - conforming structures or lots within the current zoning districts; and WHEREAS, no subdivision installation agreement is necessary because Tracts 5A and 5C are subject to undevelopable restrictive covenant; Tract 5B is a large 6 acre parcel and Lot Blis governed by a settlement agreement signed by Council Resolution 2012 -025; and WHEREAS, it is the Planning and Zoning Commission's responsibility to act in an advisory capacity to the Seward City Council and the Kenai Peninsula Borough regarding subdivision plat proposals; and 11 CITY OF SEWARD, ALASKA RESOLUTION 2012 -071 WHEREAS, the Seward Planning and Zoning Commission held a public hearing on September 4, 2012 and approved Resolution 2012 -14, recommending Council and the Kenai Peninsula Borough approve the Forest Acres Subdivision, Levee Replat; and WHEREAS, in accordance with Seward City Code Section 16.01.015 (B), no preliminary plat of city -owned property may be submitted to the Kenai Peninsula Borough for approval without prior consent of the City Council. NOW, THEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Seward City Council recommends the Kenai Peninsula Borough Planning Commission approve the vacation of all undeveloped interior rights -of -way and easements as proposed by the Forest Acres Subdivision Levee Replat. Section 2. The Seward City Council further recommends the Kenai Peninsula Borough Planning Commission approve the dedication of additional rights -of -way for Dieckgraeff Road, the cul -de -sac turnarounds for Laurel, Spruce and Fir Streets and the additional easements as proposed by the Forest Acres Levee Replat. Section 3 . The Seward City Council further recommends the Kenai Peninsula Borough Planning Commission approve the Forest Acres Subdivision Replat. Section 4. This resolution shall take effect thirty (30) days after passage and posting as required by Seward City Code § 7.05.145. PASSED AND APPROVED by Seward City Council this 10` Day of September, 2012. TIIE CI'T'Y OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: E CITY OF SEWARD, ALASKA RESOLUTION 2012 -071 ATTEST: Johanna Kinney, CMC City Clerk (City Seal) �k, Agenda Statement Meeting Date: September 10, 2012 To: City Council Through: Jim Hunt, City Manager Ron Long, Assistant City Manager From: Donna Glenz, Planner Agenda Item: Resolution 2012- orl I recommending City Council and Kenai Peninsula Borough approval of the Forest Acres Subdivision, Levee Replat BACKGROUND & JUSTIFICATION: Attached for the Council's review and recommendation to the Kenai Peninsula Borough Planning Commission is a preliminary plat submitted by Cline and Associates on behalf of the City of Seward. In accordance with Seward City Code (SCC) 16.01.015(B) "No preliminary plat of City -owned property may be submitted to the Kenai Peninsula Borough Planning Commission for approval without the prior consent of the City Council." Cline and Associates was hired to survey and establish the boundary of the new Lot B -1 as defined by the Settlement Agreement approved by City Council Resolution 2012 -025 and to re- establish and combine areas affected by the new North Forest Acres Levee project. This replat contains an area totaling approximately 54.59 acres and is located abutting the North Forest Acres Levee. This platting action vacates all interior lot lines, undeveloped Rights -of -Way and undeveloped utility easements. The replat also dedicate additional lands to Lot B 1 as per the Settlement Agreement approved by City Council in Resolution 2012 -025, dedicates a 100 foot Right- of-Way for the new North Forest Acres Levee and Dieckgraeff Road, cul -de -sac Rights -of -Way for Laurel, Spruce and Fir Streets, and provide easements for existing and planned utilities. SUBDIVISION REVIEW: Zoning: This replat contains Three (3) zoning districts. The vast majority of the area is currently zoned Resource Management (RM); approximately 1 acre is zoned Single Family (R1) and just under 2 acres is zoned Rural Residential (RR). Once the platting action has 'been completed and recorded the Community Development Staff intends to bring a rezone recommendation before the Planning and Zoning Commission and the Council to "clean -up" the small areas of Rural Residential and Single Family Zoning. This replat does not create any non - conforming lots or structures. Utilities: There are no public utilities available to these parcels. The proposed platting action provides utility easements for all existing utilities and planned utilities. Tracts 5A and 5C are subject to undevelopable restrictive covenant; Tract 5B is a large 6 acre parcel and Lot Blis governed by a settlement agreement signed by Council Resolution 2012 -025. Therefore no subdivision agreement is required. as Existing Uses: The new Forest Acres Levee was built running East and West through a portion of the current parcels. The levee contains the new drive surface of Dieckgraeff Road which provides direct access from the Seward Highway to the Kenai Peninsula Borough Transfer Station and other commercial holdings. Flood Zone: Most of this area is located within a Special Flood Hazard Area. INTENT: To establish the boundary of the new Lot B -1 as defined by the Settlement Agreement approved by City Council Resolution 2012 -025 and to re- establish and combine areas affected by the new North Forest Acres Levee project CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan Natural Hazards: We value a safe community and a feeling of security. 1 3.8.1. (page 28) Protect citizens from natural hazards by using appropriate land use policies and regulations.. X 3.8.1.2 (page 28) (Bullets 2) Use potentially hazardous public lands for low risk uses such as open space, wildlife and bird habitat protection, and recreati activities document source here): Strategic Plan: 1 2. Mitigate Flood Hazards Secure funding to implement the comprehensive flood mitigation plan for X the Resurrection River and Japanese Creek All Hazard Mitigation Plan (April 2010): The North Forest Acres Levee area is noted in the All Hazard Mitigation 3. Plan in many places as a potential hazard area for flood inundation hazard X area. The plan recommends the Levee and as an open safety zone. FISCAL NOTE Costs for surveying were $8,900.00 from 666- 6664 -5390, Levee Project fund and 101 -1150 -5390 Community Development Contracted Services Budget. Engineering fees for State of Alaska Department of Transportation Seward Highway driveway access permit $3,500.00 from 666 -6664- 5390- 0000 - 00000 -000, Levee Project fund Approved by Finance Department: ' ATTORNEY REVIEW Yes No RECOMMENDATION Approve Resolution 2012-0 recommending Kenai Peninsula Borough approval of the Forest Acres Subdivision Levee Replat. a�I Sponsored by: Staff CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2012 -14 A RESOLUTION OF THE PLANNING AND 'ZONING COMMISSION, OF THE CITY OF SEWARD, ALASKA RECOMMENDING CITY COUNCIL AND KENAI PENINSULA BOROtJGII APPROVAL OF THE FOREST ACRES SUBDIVISION LEVEE RE,PLAT; CREATING FOUR (4) PARCELS;` VACATING UNDEVELOPED RIGIITS -OF —WAY AND UTILITY EASEMENTS WHILE DEDICATING NEW RIGIITS -OF -WAY AND UTILITY EASEMENTS; LOCATED NORTH AND SOUTH OF THE NORTH FOREST ACRES LEVEE AND PREDOMINATELY WITHIN THE RESOURCE MANAGEMENT ZONING DISTRICT WHEREAS, administration hired Cline and Associates Land Surveyors to prepare a preliminary plat of the City owned and one (1) privately owned parcels lying south of the North Forest Acers Levee; and WHEREAS, Cline and Associates has submitted the preliminary plat to be known as Forest Acres Subdivision, Levee Replat; and WHEREAS, this platting action will vacate interior lot lines, undeveloped Rights -of -Way, and undeveloped utility easements creating four (4) parcels totaling 54.59 acres; and WHEREAS, this platting action will dedicate additional lands to Lot 131 as per the Settlement Agreement approved by City Council in Resolution 2012 -025; and WHEREAS, this platting action will also dedicate additional Rights -of -way for Dieckgraeff Road, the cul -de -sac turnarounds for Laurel, Spruce and Fir Streets and the additional easements throughout the replat. WHEREAS, Cline and Associates has worked diligently with City staff to protect and provide easements for existing and planned utilities throughout the replat area; and WHEREAS, City staff have reviewed, commented and support the proposed Forest Acres Levee Replat; and WHEREAS, the vast majority of the area included within this replat is currently zoned Resource Management (RM); approximately 1 acre is zoned Single Family (R1) and just under 2 a� Seward Planning and Zoning Commission Resolution 2012 -14 Page 2 of 3 acres is zoned Rural Residential (RR); this replat does not create any non - conforming structures or lots within the current zoning districts; and WHEREAS, no subdivision installation agreement is necessary because Tracts 5A and 5C are subject to undevelopable restrictive covenant; Tract 5B is a large 6 acre parcel and Lot Blis governed by a settlement agreement signed by Council Resolution 2012 -025; and WHEREAS, it is the Planning and Zoning Commission's responsibility to act in an advisory capacity to the Seward City Council and the Kenai Peninsula Borough regarding subdivision plat proposals; and WHEREAS, as required by Seward City Code §16.01.015, Conditions to plat approval, property owners within 300 feet of the requested replat were notified of the proposed subdivision, and the property was posted with public notice signage. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1 . The Commission recommends that, in accordance with Seward City Code Section 16.01.015 (B), the City Council approve the submittal of the Forest Acres Levee Replat to the Kenai Peninsula Borough for approval. Section 2. The Commission further recommends the City Council approve the vacation of all undeveloped Rights -of -Way and Easements as proposed by the Forest Acres Levee Replat. Section 3. The Commission further recommends the City Council approve the dedication of additionalRghts -of -way for Dieckgraeff Road, the cul -de -sac turnarounds for Laurel, Spruce and Fir Streets and the additional easements as proposed by the Forest Acres Levee Replat. Section 4. The Commission further recommends Kenai Peninsula Borough approval of the Forest Acres Levee Replat. Section 5. This resolution shall take effect immediately upon its adoption. a -- Seward Planning and Zoning Commission Resolution 2012 -14 Page 3 o f 3 PASSED AND APPROVE[) by the Seward Planning and Zoning Commission this 4` day of September 2012. THE CITY OF SEWARD, ALASKA Sandie Roach', Chair AYES: Morgan, McClure, Botts, Ecklund, Roach' NOES: None ABSENT: Fleming ABSTAIN: VACANT: One ATTEST: Johanna Kinney, CMC City Clerk (City Seal) '-', rc.••H9';' ,, ,',II! , •_,'.= ',`i,',":,,i '-'i ' , , , i ..,,, , ,,,7, T , -v ,,, , ,, , ,, , ,-,,•, 0 • i ' ;. - C ^, ::.' ,, :' ,. :9 : 3 3 ' ' ''' 6 , Sr-Ii : ''' .',,,,•,: ,, i,..; : , . ., < ,-„-- —_ ,., ii g=t 2 -., (--,,00e [old 6 .-..8 P 5 ' 60 •9 ;, Q 0 •eoem+ / ;Tgl:,:".? 'PT T P. / ''' ( ' ■i . il.' '2 2"; , -.- ,:' ' i '' ,:: -, L I sf i'■ ° ... 8 ; "; ''',. ' . , '1 ''' 8 0 1 =''''' '■ r ';', : - '''' '''!„; :8 ' ''' ' ' ''' Llt' ' ' '' "'''' ''''; ' r? 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N ":,",' ',-','-, ,' -IO-"''.` ,','R.-, ' X:,-_ '1,-,(4 ,',..,,,,, 0 . • : " '",,,(') ' --' "".--" ',, o'.." , ,', ' ')''''''''' -,,'''. ' ',' ' ,,V' ■'-''',-' ), '4'. ---,tro, , r:. ::,',-. _ :-.' )' 1 : ^ , ,,---., ,-,, ,,.‘ - ,,,.., ,,-. ''.I. " '` ' e -...,,, ' - 6 ..1., z I E j \ �1 r n ,/ a - � � � Ott i., v r 17 �, / A n i m l ti . n ti _ _ Ii 8H n ' ti y i \ \ e o C'' ' \ - n , , l 5 0 c , .e \ N , er , m SPRU sr — e ,� .,: ^ �" o E , � ` , c oy a 1\ c c, 3� , 'r'n \ . ,.-, gv : ,- -„,.\\,.. ,. 0 , c) `t- ' . , , �Sa , E F ro / ss m `J� a rq a a AAA q nA 9 \ ,;rte A. \� 'l:l\ m o s s = T - Cy liF ,�- qT, , , M 3 \ 3 0 n ,'f a 0 2 RaS'� MIT IN � ,.arLldl�xar„ - 'F, � r �' .�.�LZti'�`�'k�> l .:;: ®'�, �, "..: e9S• . � ",• � ' `"xF> j W .� e � �'h` ' , t ��s ✓ wD �6.`��`�T R'h+.$,I . �" •�;'�, •i. Yii��`� d ti s ,�� e 4F z9 ,..� Y4F �� 4 � 3, � • � �, ' �,,. � tt � T Ni ' ��? ��° � ��'� "� gym' � ✓��. i`.•' ^F' "i°�„�,�C3�r�i�ma;�..��. tt r� 9 f� � ��s •S�� 'RSr nt z y p ". .�.' y� r/yk t avC1 � e, ir!•- Fb r „C .a .' o ,} .�"'� e.✓ ✓ 'S. �,.,, i 5 R, ,i ���{{� r�nn�' .>. �rS '� ~ F 1.c°+ r c^ �T*.'� �?�4 ,gyp �J" Sponsored by: Ilunt f... CITY OF SEWARD, ALASKA RESOLUTION 2012 -025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A SETTLEMENT AGREEMENT IN CITY OFSEWARD v. GILLESPIE, CASE NO.3AN -10 -7550 CI, WITH REGARD TO CONDEMNATION OF TRACT B OF DIECKGRAFF - GILLESPIE SUBDIVISION FOR THE NORTH FOREST ACRES LEVEE/ROAD PROJECT, IN CONSIDERATION FOR PAYMENT OF S 150,000, IN ADDITION TO $71,720 ALREADY PAID, CONSTRUCTION OF A NEW DRIVEWAY BY THE CITY, AND CONVEYANCE OF A PORTION (APPROXIMATELY 17,000 SQUARE FEET) OF TRACT 5 OF FOREST ACRES SUBDIVISION IN SEWARD, ALASKA WHEREAS, the City of Seward completed Phase I of the west Forest Acres levee in 2002, and began the process of acquiring permits for Phase II, known as the North Forest Acres Levee /Road Project (the "Project "); and WHEREAS, the City of Seward spent many years developing the design and location for a levee /road to benefit the people of Seward; and WHEREAS, in 2008 the Seward City Council accepted the alignment of the Protect as described in the Finding of No Significant Impact and authorized the administration to pursue environmental permitting and to negotiate with property owners to acquire easements, rights - of -war and /or ownership of parcels of affected by the Project; WHEREAS, in 2009 the US Army Corps of Engineers issued a permit to the City of Seward to construct the Project in accordance with the conditions of the permit; WHEREAS, at the direction of the City, appraisals were made of the fair market value 0t tile parcels of land, all of which were undeveloped parcels of land, and each appraisal received an appraisal review; and WHEREAS, acquisition of a public use easement across Tract B was determined to be necessary to move forward with the construction of the Project; and WHEREAS, the City was unable to reach an agreement with the owners of 'bract B for purchase of a public use easement and ultimately filed a Declaration of Taking in May 2010 to al low the construction to occur within the timeframe requested by the Corps of Engineers; and WHEREAS, litigation involves uncertainty and risk to both parties and the City finds that it is in the public interest to enter into a settlement agreement to resolve the litigation, according to the w.„ terms set forth in the agreement presented at this meeting; and I V CITY OF SEWARD, ALASKA RESOLUTION 2012 -025 0 WHEREAS, Seward City Code Section 7.05.120 permits the disposition of real property by negotiation; and WHEREAS, Seward City Code Section 7.05.125 requires notice and a public hearing prior to the acquisition or disposition of real property; and WHEREAS, the essential terms and conditions contained in the settlement agreement (the "Settlement Agreement ") have been available for public inspection for 10 days in the office of the City Clerk. NOW, THh:REFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OF SEWARD, ALASKA that: Section 1. The City Council finds it is in the best interest of the City of Seward to purchase Property by negotiation for t) e North Forest Acres Levee /Road Project subject to conditional terms contained in the agreement presented at this meeting. Section 2. The City Manager is hereby authorized to enter into the Settlement Agreement in substantially the form presented at this meeting and to proceed with the platting process with the goal of satisfying the conditions stated in the Settlement Agreement. The City Manager is authorized take all such action necessary under the agreement to complete the purchase. Section 3. The City,Council finds that the subdivision requirements of Seward City Code "Title 16 do not apply to the City's acquisition of a portion of Tract B because, among other things, sueh real property will be owned by the City, is being acquired for the Project, and subdivision development requirements are not necessary or desirable for the Project. Section 4. Funds in the amount of $150,000.00 are hereby appropriated from the North Forest Acres Levee /Road Fund fund balance to the Land expense account no. 666 - 6664 -5910 to be paid into escrow in accordance with the Settlement Agreement presented at this meeting. Section 5. This resolution shall take effect (30) days following passage and posting. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 23` day of April 2012. THE CITY OF SEWARD, ALASKA �D4 4 4 David Seaward, Mayor 120 CITY OF SEWARD, ALASKA RESOLUTION 2012 -025 k i `Una AYES: Keil, Casagranda, Terry, Seaward NOES: Valdatta, Shafer ABSENT: Bardarson ABSTAIN: None ATTEST: J hanna Kinney ity Cl erk, CMC (City Seal) � �`,,�. ° °i • ^'a �ra t�� '� LP N J,� r R ��Oi��Yi�Y4• O .... , 1� COUNCIL AGENDA STATEMENT ri. s Meeting Date: April 23, 2012 From: Jim Hunt, City Manager Agenda Item: Approval of Settlement Agreement in Case No. 3AN -10- 7550 CI, relating to Tract B, Dieckgraeff- Gillespie Replat BACKGROUND & JUSTIFICATION: The City of Seward recently completed most of the work on the North Forest Acres levee /road project. This project began in the late 1990's when the City began the process of working with state and federal agencies to obtain permitting, and resulted from a flood mitigation task force developed at the request of FEMA, following major flood events in Seward during the past twenty years. In efforts to obtain the necessary permits, the City fought to construct the levee as far to the north as possible, in order to minimize the impact on property owners and provide as much protection of property as possible. The agencies preferred the levee to be further south, in order to minimize the impact on wetlands and fish habitat. This conflict resulted in a decade -long effort to determine the exact alignment of the levee /road that would gain acceptance from all agencies involved in the project. Eventually the current route was approved and permits were issued. In 2009 the City began to acquire property interests consistent with the permitted route. Appraisals were made of the fair market value of the interests in the undeveloped parcels of land to be acquired, and each appraisal received an appraisal review. The City worked with the various landowners to reach agreement and to compensate the owners. However, the City was unable to reach agreement with the owners of Tract B and litigation was necessary to acquire a public use easement. On March 22, 2010, the Seward City Council passed Resolution 2010 -025 authorizing the City Manager and City Attorney to institute eminent domain proceedings, including the use of a declaration of taking, against Tract B and its owners, in order to proceed with construction of the North Forest Acres Levee /Road Project. The resolution further authorized a second peer - reviewed appraisal to be conducted by an independent appraiser not previously involved in appraising this property on behalf of the City. The resolution authorized the City to pay the higher of two independent, peer - reviewed appraisals. In May 2010, the City filed a Declaration of Taking in Superior Court, along with payment of $71,720.00, which included the value of the easement and the damages 3a to the remainder resulting from the easement. (This amount is ten percent higher than the appraised value of $65,200 as determined by Black - Smith, Bethard & Carlson.) The owners of Tract B have now agreed to a settlement of the eminent domain proceedings. The owners expressed their desire to "square-off' their portion of Tract B to the south of the easement. The settlement agreement presented at this meeting authorizes a land exchange in fee, following replatting, whereby the City will trade a portion of its existing property east of Tract B in exchange for transfer in fee to the City of most of the area intended as an easement and the north remainder of Tract B. A portion of the area in the south squared -off area would be a public use easement. A drawing attached as Exhibit B illustrates the proposed land exchange. In addition to the land exchange, the agreement provides that the City will apply for the authority to construct a new driveway on the border of Tract B and the unsubdivided property owned by Gillespie to the south of Tract B. The agreement further provides that the City will deposit into escrow the amount of $150,000, of which $50,000 will be paid within 5 days. The rest of the escrowed amount will be released to Gillespies upon completion of the replat and fee transfer of titles reflecting the land exchange. The City will be responsible for platting costs, but will not be responsible for any development costs that may be required on the property to be transferred or retained by Gillespies. The settlement resolves the eminent domain lawsuit, in addition to all claims between the parties, including attorney fees and costs. Each side is to bear its own costs and fees. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. INTENT: This resolution requests additional funding of $150,000, and provides a final settlement of the eminent domain proceedings. ATTORNEY REVIEW: Yes FISCAL NOTE: Funding for this acquisition will come from the North Forest Acres Levee /Road Project. Approved by Finance Department RECOMMENDATION: Approve Resolution 2012 -025, authorizing a settlement agreement regarding the Tract B eminent domain litigation and an additional appropriation of $150,000. Sponsored by: Casagranda Introduction: September 10, 2012 Public Hearing: September 24, 2012 Enactment: CITY OF SEWARD, ALASKA ORDINANCE 2012 -009 A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ESTABLISHING CRITERIA FOR SUBSTANCES ADDED TO PUBLIC DRINKING WATER FOR PURPOSES UNRELATED TO POTABILITY WHEREAS, contrary to public assumption, the U.S. Environmental Protection Agency (EPA) gave up all enforceable oversight responsibilities for direct water additives in 1988, and there are now no federal safety standards; and WHEREAS, the voluntary industry self - regulation standard, known as ANSUNSF Standard 60, that has been adopted by the State of Alaska is established and administered by a non- governmental body with no direct responsibility to health agencies or consumers; and WHEREAS, previously 95% of the products added to drinking water for purposes of treating humans were obtained from U.S. sources, and now products are more frequently sourced from China, Japan, Russia, and Mexico with no requirement for batch testing for content and impurities, or disclosure of origin; and WHEREAS, public policy discussions of the prospects of adding lithium to the public water for the purpose of altering human mood imbalances and reducing suicides, and statin drugs for the purpose of affecting human cholesterol, rather than making water more potable, have increased along with water operators initiating the use of, halting the use of, and making changes in the use of, fluoridation products; and WHEREAS, licensed water operators are trained to measure and manage for appropriate potability and an additive's effectiveness at fulfilling goals of disinfection, and pH balance, etc., but have no measuring device for, nor are they tasked to evaluate, results of an applied medication intended to treat humans; and WHEREAS, it is essential that the contents and impurities of any chemical transported to and stored in our community in its raw undiluted state are fully identified for first responders, emergency remediation and response teams, risk management, homeland security, environmental impact, and for accurate assessments for both contaminant quality controls and appropriate permitting. 3� CITY OF SEWARD, ALASKA ORDINANCE 2012 -009 NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code is hereby amended to add Section 14.10.090 to read as follows: (Str4kethfou& = deletions and are bold; Underline = additions and are bold Italic) Chapter 14.10 Water 14.10.090 Requirements for substances added to public drinking water for purposes of treatment or disease prevention for consumers, unrelated to water Potability: A. Accountabilitv To assure that the city, or any public water system operator providing water service on behalf of the city, selects a product that is consistent with legislative intent that may be enacted by city council for treating disease or effecting the bodily functions of the consumer to prevent disease, rather than making water more potable, the water system operator shall purchase and administer substances for that purpose from only such chemical manufacturer or responsible entity in the chain of delivery of the product that shall provide the following declaration for their product, which the water system operator shall make readilv accessible to the public: "This specific product when ingested by consumers in dilution amounts consistent with concentration goals in water established by safe drinking water regulation for the product, is effective at treating the legislatively- identified specific disease or health condition or effecting the bodily functions to prevent the specific adverse health condition in consumers, consistent with fulfilling the stated legislative intent for this product's use, and is safe for the full range of expected human consumption at these dilution ranges, without known or anticipated adverse health effects over a lifetime, including for infants, children, the elderly, and other populations afforded equal protection. " B. TransparencylDisclosure The public water system operator shall require as a condition of purchase that the manufacturer of a specific product that the water system operator adds or intends to add to the public drinking water for purposes of treating or affecting the bodily functions of consumers shall provide a list of all published, and unpublished if known, toxicological studies on the health and behavioral effects ofcontinued use of their specific product. Iftoxicological studies on health and behavioral effects were performed on a different manufacturer's product of the same chemical classification, the responsible party in the chain of delivery shall identify the manufacturing source ofthe product and a comparison of content and contaminant concentrations. An update of the list of toxicological studies on the health and behavioral effects of each product content and contaminant shall be required annually. The water system operator shall make these submissions by the manufacturer or responsible party in the chain ofproduct delivery readily accessible to the public. CITY OF SEWARD, ALASKA ORDINANCE 2012 -009 C. Compliance with Alaska Law To assure that the public water system operator has selected and is administering a water additive product intended to treat or effect the bodily functions ofconsumers that meets allAlaska laws, rules and regulations, the water system operator, as a condition ofpurchase, shall obtain a dated and correct copy of the Product Formulation Data that was in force at the time ofany bid or contractual agreement to sell chemicals to the water system operator that the manufacturer, or any other responsible party in the chain of delivery of the chemical, such as re- packager, is required to submit to NSF International in order to achieve manufacturer's or re- packager's certification that the manufacturer has met ANSIINSF Standard 60 This document production, which the water system operator shall make readilv accessible to the public, shall include the dated submission that meets General Requirement 3.2.1 of ANSI/NSFStandard 60, as adopted by the State ofAlaska, by including as published.• a) A proposed maximum use level for the product; b) The composition of the formulation (in percent or parts by weight for each chemical in the formulation); c) The reaction mixture used to manufacture the chemical if applicable; d) Chemical abstract number (CAS number), chemical name, and supplier for each chemical present in the formulation; e) A list of known or suspected impurities within the treatment chemical formulation and the maximum percent or parts by weight of each impurity; fi A description or classification of the process in which the treatment chemical is manufactured, handled and packaged; g) Any selected spectra (e.g. UVIvisible, infrared) that has been required, and h) A list ofpublished and available unpublished toxicological studies relevant to the treatment chemical and the chemical and impurities present in the treatment chemical D. Conformance with Industry Standards The public water system operator shall select and add to the public drinking water only such products intended to treat and affect the bodily functions of consumers that meet the applicable published American Water Works Association (AWWA) standard for that product's specific chemical classification. In order to assure fulfillment of AWWA standards, an independent analysis by an American National Standards Institute (ANSI) or NSF International certified laboratory determining the content and specific concentrations of each contamination of each shipment of the product, to be correlated with the manufacturer's Product Formulation Data described in Section 3 above, shall be provided by the chemical manufacturer or rmonsibleparty in the chain of delivery. These batch analyses, and any reports, on each delivery of product shall 3 (v::) CITY OF SEWARD, ALASKA ORDINANCE 2012 -009 be maintained and made immediately accessible to the public by the water system operator. E. Section 5. Violations Violation of subsection (1 -4) of this section is a public nuisance, and, without restriction for other remedies, may be abated as other nuisances under the laws ofAlaska F. Section 6. Severability f any provision of this section or the application thereofto any person or circumstance is held invalid, that invalidity may not affect other provisions or applications of this section that can be Qiven effect without the invalid provision or application, and to this end the provisions of this section are severable. Section 2. This ordinance shall take effect ten (10) days following enactment. ENACTED by the City Council of the City of Seward, Alaska, this 24 day of September, 2012. THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) 3-1 Council Agenda Statement Meeting Date: September 10, 2012 To: Mayor Seaward, City Council From: Ristine Casagranda, Council Member Agenda Item: Due Diligence Criteria For Quality And Performance Of Product Intended To Treat Humans, Including For Fluoridation; Decision Prior To Design And Funding For Infrastructure To Fulfill Public Policy BACKGROUND & JUSTIFICATION: The Seward City Council has previously committed to fulfilling a public policy of fluoridation. In addition, recent publications have questioned the advisability of legislative action to add lithium to the public water to reduce the incidence of depression and suicide in humans, and statin drugs to lower cholesterol levels in humans. The Seward City Council has the sole responsibility of selecting the appropriate chemical to fulfill any public policy they may enact. Design and funding for any infrastructure to fulfill a public policy of treating humans must consider the specific product and the conditions it will pose. The U.S. Environmental Protection Agency gave up oversight and all previous recommendations for all direct water additives in 1988, and there are now no federal safety standards for any additives. All public water systems in the State of Alaska are now required to purchase only such water additives by manufacturers as have met the State - adopted, industry- established, Standard 60 (ANSUNSF Standard 60). NSF International is a non - governmental body with no duty of care to the consumer, health department, or local elected officials, and though assuming an advisory role, disclaim any responsibility for manufacturer's performance. Licensed water operators are trained to measure and manage for an additive's effect on disinfection and potability by empirical means, but have no means, nor the requirement, to measure the safety or effectiveness of a product added to water to treat humans rather than the water. N! INTENT: To establish criteria for selection of an appropriate product to fulfill a public policy that involves treatment of humans through the public water supply, and to establish requirement for compliance with these conditions, prior to the expenditure of time and effort for design or funding. The proposed ordinance delineates issues of accountability, full disclosure and public accessibility to data, compliance with existing laws, conformance with existing industry standards, and establishment of non - compliance as a nuisance. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): 2. Strategic Plan (document source here): 3. Other (list): FISCAL NOTE: This ordinance requires compliance with existing rules already established by the State, but adds the negligible cost of providing public disclosure of the Manufacturer's Product Formulation Data, which is of normal business nature to merit certification, and could easily be included on the City web site with the Consumer Confidence Report that the federal government requires the City to display. Potential cost savings may be derived from advance knowledge of the qualities of the product for which infrastructure design and funding must consider. Approved by Finance Department: ATTORNEY REVIEW Yes X No RECOMMENDATION: Enact Ordinance 2012 -009, establishing criteria for substances added to public drinking water for purposes unrelated to potability. Sponsored by: Hunt Introduction: September 10, 2012 Public Hearing: September 24, 2012 Enactment: September 24, 2012 CITY OF SEWARD, ALASKA ORDINANCE 2012 -010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING TITLE 14 OF THE CITY'S CODE OF ORDINANCES TO PROVIDE FOR INTERCONNECTION OF SMALL RENEWABLE ENERGY SOURCES TO THE CITY'S ELECTRICAL DISTRIBUTION SYSTEM WHEREAS, the city council encourages the development and use of alternative energy production; and WHEREAS, the interconnection with the city's electrical distribution system should be allowed, provided that alternative power sources do not adversely affect the city's system or delivery of power to other electric customers, and WHEREAS, the city council wishes to allow alternative energy that is safe to users, the public, and electric utility employees. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINS that: Section 1 . Seward City Code Section 14.01.015 Definitions is amended as follows: Strik eut = Delete Bold = New 14.01.015. - Definitions. Unless the context specifically indicates otherwise, the meaning of terms used in this title shall be as follows: Alternative power source. Means electrical generation fueled by renewable resources such as wind, solar, geothermal, biomass, or water. An alternative power source does not include fossil fuel generation. Applicant. Means a person, including a corporation, partnership, association, and governmental unit or agency, who requests utility service or the extension of utility facilities or interconnection under these provisions and who may be synonymous, as circumstances permit, with "developer," "owner," "contractor," "builder," and similar terms associated with the improvement L�() CITY OF SEWARD, ALASKA ORDINANCE 2012 -010 and development of real property and the construction of buildings and related improvements and their heirs, successors. Application for interconnection. Means the application for interconnection of alternative power source that must be completed by any customer wishing to interconnect to the city's electrical distribution system as an independent power producer. BOD (denoting biochemical oxygen demand). Means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Centigrade, expressed in milligrams per liter. Building drain. Means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall. Building sewer. Means the extension from the building drain to the service connection or other place of disposal. Certificate of Completion. Means the form completed by the applicant for interconnection and the electrical inspector having jurisdiction over the installation of the facilities indicating completion of installation and inspection of the interconnection. Class A facility. Means non - utility generator installation of 10 -kVA output or less, where the system stiffness ratio is at least 100. Class B facility. Means non - utility generator installation with an output of between 10- kVA and 100 -kVA, where the system stiffness ratio is at least 50. Class Cfacility. Means non - utility generator installation with an output of between 100 - kVA and 1000 -kVA, where the system stiffness ratio is at least 30. Class D facility. Means non - utility generator installation with an output of between 1000 -kVA and 5000 -kVA, where the system stiffness ratio is at least 20. Class of service. Means the type of service rendered by the city to a customer under a particular rate schedule. Clean -out. Means a pipe inserted into the sewer extension through which a cleaning device can be inserted into the sewer extension. Collection system. Means the system of public sewers to be operated by the city and designed for the collection of sewage. Page 2 of 23 LA 1 CITY OF SEWARD, ALASKA ORDINANCE 2012 -010 Combined sewer. Means a sewer receiving both surface runoff and sewage. Commercial service - Demand metered. This classification applies to demand metered general lighting, incidental power, and other services used by commercial and industrial enterprises whose demand is equal to or greater than 25 KVA. Commercial service - Non - demand metered. This classification applies to single phase, non- demand metered general lighting, incidental power, and other services used by commercial and industrial enterprises whose demand capacity is less than 25 KW, and by multiple dwelling units when supplied through one meter. A residential service through which an additional service point not directly associated with the primary residence is likewise serviced will be billed under this schedule. Customers will be classified as non - residential unless they are clearly a residential account. The burden of proof will be on the customer. Commercial user. Means a person or premises used for commercial or business purposes which discharges domestic waste, not industrial waste. Composite. Means the make -up of a number of individual samples so taken as to represent the nature of sewage or industrial wastes. Constituents. Means the combination of particles or conditions which exist in the industrial wastes. Contribution -in- aid -of- construction. Means that sum of money representing the cost of making additions or modifications to utility distribution facilities and underground installations, which the applicant or customer must pay as a condition precedent to installing the facilities requested, and which becomes the property of the city and is not otherwise subject to refund to the contributor. Contributor. Means an individual or entity willing to fund alternative power generation through voluntary monetary donation(s). Customer. Means the person, partnership, corporation, or entity in whose name a utility account is held and the occupant, resident, or tenant of any premises served by a city utility. In those cases where a utility service is not separately metered to individual tenants in a building, the landlord /owner shall be considered a customer. Delivery point. Means the location where city electrical distribution system terminates its equipment or conductors and at which the customer assumes responsibility for construction and maintenance of the electrical facilities. Page 3 of 23 L�a, CITY OF SEWARD, ALASKA ORDINANCE 2012 -010 Demand. Means the maximum rate of delivery of electric energy during a month, measured in kilowatts (KW) registered over a 15- minute period by a demand meter. Domestic waste. Means any sewage emanating from residential dwellings or from domestic activities by or for private citizens having a BOD of less than 250 ppm and /or a total suspended solids of less than 250 ppm. Economically feasible. Means an extension of distribution facilities will be considered economically feasible if anticipated annual revenue from the project will recover all annual costs plus reasonable margins to provide service to that point, and that this balance of revenue to costs /margins can reasonably be expected to continue for the service life of the facilities constructed for the requested service extension. Electric service. Means the availability of electric energy at the point of delivery for use by the customer, irrespective of whether electric energy is actually used. Electrical distribution system. Means all electrical wires, equipment, and other facilities owned or provided by the city that are used to transmit electricity to customers. Engineering. Includes the preparation of electric layouts, designs, specifications, and other drawings and lists associated with electric construction. It also includes, but is not limited to, making construction estimates, inspecting construction for conformance with design criteria and specifications, staking, right -of -way acquisition, and similar and related activities necessary to the technical planning and installation of electric distribution facilities. Fault. Means the event when one or more electrical conductors contact ground and /or each other. An electrical system that allows current to travel along an unintended path, often where very low electrical impedance is encountered. Garbage. Means all animal and vegetable refuse from food or food preparation, dead animals, and the accumulation from restaurant grease traps, but not dish water nor wastewater, ice, salt, and similar materials. Independent power provider. Means an electrical distribution system customer who has developed or is developing an alternative power source. Industrial. This classification applies to electrical services with demand equal to or greater than 750 KW. Industrial services with demand of equal to or greater than 5,000 KW will be served by contract only, and only by cost -based rates of those services. Industrial user. Means a person or premises which discharges sewage having the characteristics of industrial wastes as distinct from domestic wastes or which has a BOD of 250 ppm or greater and/or which has a total suspended solids of 250 ppm or greater. Page 4 of 23 4__\�S CITY OF SEWARD, ALASKA ORDINANCE 2012 -010 Industrial wastes. Means the sewage from industrial manufacturing processes, trade, or business as distinct from domestic waste. Interconnectfacilities. Means the electrical wires, switches, and other equipment used to interconnect a generating facility to the electric system. Interconnection. Means the physical connection of a generating facility to the electric system so that parallel operation may occur. Interconnection agreement. Means the agreement by the applicant to comply with standardized terms and conditions governing the interconnection of generating facilities pursuant to these standards. The interconnection agreement may be modified to accommodate terms and conditions specific to individual interconnections, subject to the conditions set forth in this title. Key box (curb valve, curb cock). Means the shut -off point for water service, which is the property of the customer. Mobile home. Means manufactured housing, as defined in section 8.15.110 of this code, built on a chassis and /or in accordance with Department of Housing and Urban Development standards contained in Code of Federal Regulations Title 24, Chapter 20. A mobile home shall be construed to remain a mobile home, subject to all regulations applying thereto, whether or not wheels, axles, hitch, or other appurtenances of mobility are removed and regardless of the nature of the foundation required. Mobile home park. Means any parcel, or adjacent parcels of land in the same ownership, which is used for occupancy by two or more mobile homes. The term does not include camper parks as defined in section 8.15.110 of this code. Multiple residential structures. Means any building or collections of buildings having common walls, containing two or more residential units, which include such common residential arrangements as apartments, townhouses, row houses, and condominiums. Natural outlet. Means any outlet into a watercourse, pond, ditch, lake, or other body of surface water or ground water. On -site sewage disposal. Means the use of any privy, cesspool, septic tank, or similar facility for disposal of sewage which is not connected to the collection system. Parallel operation. Means the synchronous operation of a generating facility while interconnected with the electrical distribution system. Page 5 of 23 LA4 CITY OF SEWARD, ALASKA ORDINANCE 2012 -010 Permanent electrical service. Means service entrance and metering equipment installed at a given location with intent to remain for the useful service life of the city's electrical facilities constructed for that service. The equipment will be mounted on a city pole, or customer's building, or other structure on a permanent, »on- moveable foundation. The city reserves the right of final determination of whether a service will be classified permanent. All facilities will be designed and installed in accordance with applica 1) le codes, standards, and practices of the industry for the class of service offered. pH. Shall mean the logaritli m of the reciprocal of the weight of hydrogen ions in grams per liter of solution. Point of delivery. Is that predetermined location where the city terminates its equipment or conductors and connects with the customer's equipment or conductors. Premises. Means the real property of the customer in a single location being served by the city. Pretreatment. Means that physical treatment given to sewage prior to discharge into the collection system, or those processes utilized for this purpose. Primary service. Means the conductors and equipment necessary to supply the customer with electricity at the available primary voltage above 480 volts. Primary voltage. Means the voltage supplied to the high voltage side of distribution transformers, which include three -phase service 7,200/12,470 and 14,400/24,900. Properly shredded garbage. Means the remnants from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in the collection system, with no particle greater than one -half inch (1.27 centimeters) in any dimension or overall. Public sewer. Means any sewer collection system operated by or under the authority of the city. Public works department. Nleans the City of Seward public works department. Raceway. Means a channel or holding wires, cables, or busbars, which is designed expressly and used solely for that purpose. Receiving waters. Means those natural outlets into which sewage is discharged. Refuse. Means all garbage, rubbish, and waste material. Page 6 of 23 CITY OF SEWARD, ALASKA ORDINANCE 2012 -010 Residential or domestic user. Shall mean a person or premises who discharges an average normal volume of domestic waste to the collection system. Residential service. Means t lie providing of a utility to a single - family dwelling. Except for "home occupations" as defined in sections 15.10.140 and 15.10.240 of this Code, activities of a nature requiring a business license. Advertising, or whose profits and expenses are shown against federal income taxes will be classi 1 ed as "commercial." Rubbish. Means tree and plant trimmings, paper products, rags, rubber, carpets, clothing, straw packing, packing materials, furniture, and all other kinds of combustible waste material which ordinarily accumulates in the operation of a household or business. "Rubbish" does not include manure or waste from any yard or stable. Sanitary sewer. Means a sewer which carries sewage and to which storm, surface, and ground waters are not intentionally admitted. Secondary service. Means service at available voltage of 480 volts or less. Secondary voltage. Means the voltage for delivery directly to the service entrance of the customer, i.e., the low voltage side of a distribution transformer-,-of(utilization voltage). Security lights. Means a future or fixtures installed to illuminate private homes and areas, including places and areas to which the public has access but which are privately owned and controlled. Service. Means the furnishing of a utility to a given location. Service connection. Means the pipe and appurtenances required to connect an individual property or facility to the sanitary sewer. The service connection shall start at the collection system and terminate at the property line or easement limit and shall not include the building sewer. Sewage. Means any combination of the water - carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and stormwaters as may be present. Sewage treatment plant. Means any arrangement of devices and structures used for treating sewage. Sewage works. Means all facilities for collection, pumping, treating, and disposing of sewage. Sewer. Means a pipe or conduit for carrying sewage. Page 7 of 23 4 �0 CITY OF SEWARD, ALASKA ORDINANCE 2012 -010 Slug. Means any individual or combined discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds, for any period longer than 15 minutes, more than five times the average 24 -hour concentration or flows during normal operation. Storm drain and storm sewer. Means a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water. Street light. Means a system or fixture of such system, for the illumination of streets, alleys, and other public places and areas, installed and operated at public expense. Subdivision. Means a tract or parcel of land divided into two or more lots, sites, or other divisions according to applicable law. Suspended solids. Means solids that either float on the surface of or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering. Tariff. Means the City of Seward Utility Tariffs as approved by the city council and amended from time to time. Technical requirements for interconnection. Means the document that contains the applicable engineering criteria prescribing the technical interconnection, protection, and metering requirements for any alternative power source to be connected to the electrical distribution system and may be amended by resolution from time to time. A copy of the technical interconnection requirements is available from the electric department. Temporary secondary service. Means service provided on an interim basis during a construction phase or any other service provided by use of facilities which cannot be reused or continued as permanent facilities and must be removed when the temporary need has ceased. The duration of the service will not exceed 180 days. Thaw wire. Means the wire leading from the water main, parallel with the service line, and coming up to the ground surface at the key box. Toxic. Means constituents of sewage which are considered from time to time by the U.S. Environmental Protection Agency in its listing of NRDC Priority Pollutants Schedule as adversely affecting facilities or conditions similar to the collection system, the sewage treatment plant, or the receiving waters. Waste material. Means broken crockery, glass, wire, ashes, cinders, bottles, tin cans, metals, and other similar noncombustible waste material resulting from the operation of a household or business. Discarded vehicle bodies or other bulky or heavy objects, waste material resulting from Page 8 of 23 L�-� CITY OF SEWARD, ALASKA ORDINANCE 2012 -010 any manufacturing, building, or construction operation, and similar materials shall not be considered waste material and must be disposed of by the property owner. Water connection or water service connection. Means that part of the water distribution system, including pipe and appurtenances, used to conduct water from the water main to a point at or near the property line of the premises to be served. Water connection extension. Means that part of the water distribution system extending from the water connection into the premises served. Section 2 . Seward City Code Title 14, Chapter 15, Article 4 Interconnection to Customer - Owned Alternate Technology and Fossil Fuel Standby Generation Equipment is amended as follows: Strikeou = Delete Bold = New Article 4. - Interconnection to With Customer -Owned Alternat e4ve Xc�ine� and Fossil Fwd SMwdb-v Power Source Generation Equipment 14.15.410. — Alternat e-ive eehnolo *, gener ati on Power Source. The city will permit the interconnection and operation of alternat ive power source facilities such as wind aneq!y rnnuar � +` 3 sma 4l sea h f with its integrated electrical distribution system upon compliance by the customer with the following provisions and upon issuance of an interconnection permit by the city. A permit shall be subject to the customer's compliance with all provisions specified in this Article and signature on an "Interconnection and Pmver Purchase Agreement for Independent Power Provider. ": W appreval I n i the eity to intefeenneet with it sys a t l eas t .us t hr ee < uu - ,iiorr'ar� prior- lo the date an whieh the eustemer- intends te make any eonneetion in any-way-to-4h ' H M a-MMUZIM! . "; V. ;;; IN U V� . 11 E ani manufaettltvf -: Pag of 23 CITY OF SEWARD, ALASKA ORDINANCE 2012 -010 (3) MM ECT"TrAra".210 _1 A. Categories. An indcl)endent power producer is categorized into four non - utility facility classes A - D (see definitions). B. Capacity and transformer limitation. Provided adequate capacity exists on the electrical distribution system where the alternative power source is to be sited and the independent power producer complies with all requirements specified in this Article, interconnection may be permitted. However, interconnection of an alternative power source to the electrical distribution system is limited to: 1. 1.5% of the minimum demand per substation average retail demand for the circuit to which the alternative power source is connected and on a first come, first serve basis, as determined by the electric department, and 2. Total nameplate capacity of 25 kilowatts or less delivered into the electrical distribution system, and 3. Only one alternative power source per distribution transformer and, in general, a customer -owned sinble -phase generating facility greater than 10KW shall not be allowed to be connected to a three -phase distribution transformer. This requirement may be Page 10 of 23 1 CITY OF SEWARD, ALASKA ORDINANCE 2012 -010 waived by the electric department when the department deems it appropriate under the circumstances. C. Independent power producer responsibilities. The independent power producer shall be responsible for acquiring the site for the project, installing the generating facility, and complying with all of the applicable requirements set forth in this code, including any amendments that may be required. The independent power producer shall also be solely responsible for obtaining all easements, licenses, and relevant permits (building, floodplain, variance, utility, dig, etc.) of every type, and all costs and expenses of every type or nature, relating to the permitting, purchase, operation, and maintenance of the alternative power source. D. Compliance. The independent power producer shall comply with all applicable local, state, and federal laws, regulations, and codes, including, but not limited to, environmental laws, safety standards, building codes, National Electric Code (NEC), and National Electric Safety Code (NESC) for the construction and installation of an alternative power source, as well as the technical requirements for interconnection. E. Right of refusal. The utility manager reserves the right to refuse interconnection with alternative power source facilities or to limit the number of interconnections with alternative power source facilities on any single substation circuit if it is determined by the city that any such interconnection would be harmful or hazardous to its system, its employees, or other customers. If a proposed interconnection is refused, the city will provide the customer within three months of the complete application request, written notice of refusal, including a statement of the reason(s) for the refusal. F. Unauthorized interconnection. If an unauthorized interconnect is found, the city will immediately terminate service to those facilities and reconnect the service only when all conditions of these provisions are satisfied. 14.15.415. Interconnection Requirements, Procedures, and Application Process for Responding to Inquiries From an Independent Power Producer for an Alternative Power Source Less Than 25KW. A. Application. 1. All customers (independent power producers) desiring to build an alternative power source within the Seward city limits and interconnect with the electrical distribution system must submit a building permit, and all other applicable permits (i.e., floodplain, utility locate /dig, etc.), a nd "Application for Interconnection." (Available from the electric department.) Page 11 of 23 50 CITY OF SEWARD, ALASKA ORDINANCE 2012 -010 2. All customers (independent power producers) desiring to build an alternative power source facility outside the Seward city limits and within the city's electrical service area must meet all Kenai Peninsula Borough requirements and will need to submit an application for interconnection in a form provided by the electric department, an independent power producer permit certification, and obtain a dig /utility location permit from the city. The certification shall be provided upon the independent power provider's permit certification form available from the electric department. 3. For existing permitted facilities within and outside the Seward city limits seeking to connect to the electrica 1 distribution system, the independent power producer need only submit the application for interconnection. 4. The application for interconnection must be submitted at least 90 days prior to the date on which the customer intends to make any connection in any way to the electric circuitry common to the electrical distribution system. 5. The application for interconnection and building permit, if required, must be accompanied with complete documentation of the intended alternative power source, including, but not limited to: site location, schematics, wiring diagrams, performance specifications, descriptions of energy storage devices, circuit protection equipment, regulating equipment, automatic disconnect equipment, and any other proprietary device provided by the equipment manufacturers. 6. The electric department will provide the independent power producer applicant a copy of the current technical requirements for interconnection outlining the equipment requirements. All applicable provisions of the technical requirements for interconnection must be satisfied before an interconnection permit can be issued. 7. The electric department will provide the independent power producer applicant a copy of the interconnection and power purchase agreement for independent power provider for interconnection, power purchases, and power sales. Prior to interconnection and power purchase being authorized, the independent power producer applicant must return a signed agreement. 8. A non - refundable interconnection application fee may be required by the electric department based on the size of the alternative power source facility. 9. All interconnection requests pursuant to this Section will be reviewed by the city for compliance. If the electric department finds the application does not comply, the application will be rejected and the electric department shall provide the applicant written notification stating the reason(s) for rejecting the application. Page 12 of 23 s\ CITY OF SEWARD, ALASKA ORDINANCE 2012 -010 B. Alternative power source protective equipment. The city reserves the right to require additional interconnection requirements for an alternative power source in order to preserve the safety and integrity of the electrical distribution system. 1. The independent power producer is fully responsible for the protection of the alternative power source and all associated equipment. 2. The independent power producer must provide protection for equipment failures, faults, and other disturbances on the electrical distribution system. 3. The independent power producer is responsible for the protection of the alternative power source from transient surges initiated by lightning, switching, or other system disturbances. 4. The independent power producer is responsible for all costs associated with the purchase, installation, and maintenance of all equipment required by the city in order to properly isolate the alternative power source from the electrical distribution system for any fault occurring on the electrical distribution system. 5. The alternative power source shall be equipped to provide isolation from the electrical distribution system for any fault occurring. The automatic isolation shall be done prior to the city's breaker (or recloser) reclosing and within two seconds (120 cycles). 6. The alternative power source shall be isolated from the electrical distribution system for any under - voltage (lower than 90 percent of nominal voltage) and over - voltage conditions (higher than 110 percent of nominal voltage) within two seconds (120 cycles). 7. The alternative power source shall disconnect from the electrical distribution systein for any over - frequency and under - frequency conditions exceeding 60.5 Hz or below 59.5 Hz within 50 milliseconds (3 cycles). 8. The independent power producer is responsible for all costs associated with the purchase, installation, and maintenance of all equipment required by the city in order to properly isolate the alternative power source from the electrical distribution system for any voltage or frequency deviation described in subsections 5, 6, and 7 above. 9. The alternative power source requirements, to ensure reliable service, may be waived by the city when the utility manager deems it appropriate under the circumstances. Any cost associated to achieve dedicated -to- single- customer service shall be at the independent power producer's sole expense. Page 13 of 23 5o"� CITY OF SEWARD, ALASKA ORDINANCE 2012 -010 C. Potential special or additional equipment requirements. The electric department reserves the right to require additional protective systems functional testing (i.e., circuit breakers, switches, disconnect devices, protective relays, etc.) to ensure the safe and efficient operation of the electrical distribution system is not jeopardized by interconnection with the alternative power source. 1. The alternative power source generator nameplate voltage and frequency shall match the power characteristics supplied by the city. It is the responsibility of the independent power producer to match the voltage and frequency of the power supplied by the city. 2. The city may re l wire the independent power producer to provide, at the independent power producer's own expense, special or additional starting equipment. 3. The independent power producer shall, to ensure proper grounding of the alternative power source, follow all applicable national, state, and local codes regarding grounding for applicable generating installations. 4. It is the independent power producer's responsibility to purchase operate, and maintain all necessary safety equipment to keep the electrical distribution system from overheating and other harm. The independent power producer shall pay for all repairs to the electrical distribution system caused by an alternative power source overheating. D. Inspection and initial safety testing requirements. 1. The independent power producer shall complete all required interconnection safety- related testing of the alternative power source prior to interconnecting to the electrical distribution system. 2. Prior to initial energizing of the alternative power source, an inspection and /or tests will be performed by the independent power producer and the electric department personnel. The purpose of the inspection and testing will be to determine if the alternative power source meets the minimum requirements described by IEEE 1547, IEEE 519, and UL 1741, Underwriter Laboratories Inc., Standard for Inverters, Converters, and Interconnection System Equipment for Use with Distributed Energy Resources. 3. The city electric department may elect to accept the installation and energize the alternative power source, based on the inspection. 4. The electric department may require retesting or additional testing, in the event discrepancies are noted between the certified equipment and drawings previously provided to and inspected by the electric department. Page 14 of 23 sz CITY OF SEWARD, ALASKA ORDINANCE 2012 -010 E. Alternative power source acceptance and interconnection with electrical distribution system. The independent power producer is responsible to do all that may be required to have its alternative power source certified by the city in meeting the requirements described in this chapter. The alternative power source shall not be deemed complete until such time as the electric department verifies that all of the requirements specified by the city have been fully satisfied and all testing deemed appropriate by the electric department has been completed to the electric department's satisfaction. 1. Provided that adequate capacity exists on the electrical distribution system where the alternative power source is located, interconnection of an alternative power source to the electrical distribution system shall be on a first come, first serve basis, as determined by the effective date ol'submission of a complete application for interconnection. 2. The independent power producer shall pay all costs associated with the interconnection of the alternative power source to the electrical distribution system. 3. The independent power producer shall pay all line extension fees in accordance with the city tariff. 4. The electric department shall, within a reasonable time, interconnect the alternative power source to the electrical distribution system. The interconnection may happen upon completion of installation of the alternative power source and receipt of the independent power producer's certifications: a. All necessary federal, state, and local permits and certifications have been obtained, including building permits and any authorization required by Title 15 of this code. b. Independent power producer certificate along with the certifications shall be provided using the forms obtained from the electric department. 5. The electric department will execute the interconnection at its convenience and at a time designed to cause no, or minimal, disruption of electric service to other customers. 6. The electric department may, in the event the independent power producer fails to pay the required costs or fees, immediately disconnect the alternative power source with no notice and the independent power producer shall be responsible for all disconnection and reconnection costs. F. Recurring safety related testing requirements. Page 15 of 23 S� CITY OF SEWARD, ALASKA ORDINANCE 2012 -010 1. The independent power producer is responsible to ensure protective relaying and control systems have available and accessible sensing input terminals or test ports, in order to perform and validate functional testing. 2. The alternative power source facilities shall meet the testing criteria contained in IEEE Standard 1547.1 "IEEE Standard Conformance Test Procedures for Equipment Interconnecting Distributed Resources with Electric Power Systems." 3. The independent power producer shall grant the city the right to observe functional testing of the alternative power source facilities. 4. The independent power producer shall annually test safety features of the alternative power source. 5. The electric department may require additional protective systems and functional testing (i.e., circuit breakers, switches, disconnect devices, protective relays, etc.) to ensure the continued safe and efficient operation of the electrical distribution system is not jeopardized by interconnection witli the alternative power source. 6. The independent power producer must provide the electric department documented test results within five working days after the completion of the test. 7. The alternative power source is also subject to inspection and re- testing by the electric department upon reasonable notice each after the unit is placed into service. G. Point of delivery. 1. The alternative power source generated power shall be metered by the city to measure the amount of power from the city and the other to measure the amount of power delivered into the electrical distribution system from the alternative power source. 2. The electric department shall install the meters and own any and all improvements or equipment up to the delivery point, including all meters necessary to record the generation or consumption of electricity. 3. The independent power producer is solely responsible for all costs associated with the purchase, installation, and maintenance of all equipment required by the city in order to properly meter the alternative power source. 4. The electric department shall specify the meters to measure such parameters as time of delivery, power factor, voltage, and such other parameters. Page 16 of 23 CITY OF SEWARD, ALASKA ORDINANCE 2012 -010 5. The independent power producer shall provide space for metering equipment as specified by the electric department with the location of the meters to be approved by the electric department. H. Access to alternative power source facilities. 1. The independent power producer shall grant the city any necessary easements and the city shall have the right of access to and from the alternative power source and associated facilities at all hours for purposes of inspection, public safety, or protection of the electrical distribution system. 2. The alternative power source generator shall have a manual disconnect capability and the disconnect switch(es) shall be accessible, visible, and lockable in accordance with the electric department requirements. Each switch shall be appropriately labeled and disconnect switch(es) shall be lockable in the open position only. When locked in the open position, the switch may be unlocked by electric department operating personnel only. 3. The electric department will lock the switch(es) in the open position under the following circumstance: a. If it is necessary for the protection of line crew personnel when working on de- energized circuits during an emergency; b. If the inspector of the alternative power source reveals a hazardous condition or a lack of proper maintenance; C. If the alternative power source interferes with other customers, other utilities, or with the operation of the electrical distribution system; d. If the electric department determines that the alternative power source has generated power from a non - qualified resource; or C. For general maintenance of the electrical distribution system. 4. The electric department will provide reasonable notice before locking the main disconnect switch open for general maintenance as provided in condition 3 above. 5. It shall be a misdemeanor, punishable by a fine of up to $500, to remove or tamper with a loci: placed on the disconnect switch by the electric department. I. Modification and expansion. Page 17 of 23 5( CITY OF SEWARD, ALASKA ORDINANCE 2012 -010 1. Any future modification or expansion of the alternative power source will require a separate engineering review and approval by the electric department and the applicable permits as specified in paragraph A above. 2. The city reserves the right, once the alternative power source is operating, to require the independent power producer, at the independent power producer's sole expense, to perform such corrections, modifications, and additions as are required or recommended by government or industry regulations and standards and necessary to continue safe operation and /or interconnection of the alternative power source to the electrical distribution system. The city will provide written documentation of the necessary changes required and the time frame allowed to complete them. If the independent power producer fails to comply with the changes in the specified time frame, the city will disconnect the alternative power source. J. Operation and maintenance of alternative power source. 1. The independent power producer assumes full responsibility for the routine maintenance and operation of the alternative power source and associated protective devices. The independent power producer shall, at all times, keep the alternative power source in good repair and operating condition. 2. The independent power producer shall maintain accurate records of all maintenance activities performed. These records shall record the date and time, the person(s) who performed the activities, and a brief description of the work. These records shall be submitted to the electric department for inspection annually on or before 30 September. Failure to comply may result in the disconnection of the alternative power source or additional testing at the independent power producer's expense. 3. The independent power producer is solely responsible for all costs associated with any subsequent or re- inspection of the alternative power source. The alternative power source will have a system's operations and maintenance manual readily available to electric department em ployees at all times. 4. To minimize interference, the alternative power source shall meet the power quality standards presented in accordance with Section 10, Recommended Practices for Individual Consumers of the latest I IEE Standard 519, "IEEE Recommended Practices and Requirements for Harmonic Control in Electrical Power Systems." In addition, the alternative power source shall comply with the latest IEEE Standard 1547, "IEEE Standard Conformance Test Procedures for Equipment Interconnecting Distributed Resources with Electric Power Systems." 5. The independent power producer shall comply with all environmental, land use, and other regulatory requirements. The independent power producer shall defend, indemnify, and hold harmless the city from and against any and all liabilities, claims, losses, Page 18 of 23 CITY OF SEWARD, ALASKA ORDINANCE 2012 -010 damages, or expenses of any type or kind, including actual attorney fees and expert witness fees, which may be incurred or sustained by the city by reason of any act, omission, misconduct, negligence, or default on the part of the independent power producer arising in connection with or related to the independent power producer's ownership, installation, maintenance, or operation of the alternative power source. The independent power producer shall defend, indemnity, and hold harmless the city from and against any and all liability, claims, lawsuits, losses, damages, expenses, fines, penalties, citations, or infractions of any type or nature, including actual attorney fees and expert witness fees, which may be incurred or sustained due to the independent power producer's alleged violation of any permitting, land use, or environmental laws and regulations. In the event a claim is made which is subject to this subparagraph, the city reserves the right to select legal counsel and control the defense and settlement of any such claim. Such defense shall be at the sole expense of the independent power producer. The independent power producer's indemnification obligation shall not apply to liability for damages for bodily injury to persons or damage to property caused by the sole negligence of the city and not in any way attributable to any act or omission on the part of the independent power producer. K. Damage or interference with electrical distribution system or other customers. 1. The alternative power source shall be designed to automatically disconnect and lockout when the city's electrical service is interrupted for any reason. Automatic reconnection of the alternative power source to the electrical distribution system shall be done only on I lot- Bus /Hot- Line /Sync- Check. An automatic reclose of the alternative power source breaker (or interrupting device) reconnection is permitted only after utility power has been restored for a minimum of five minutes. 2. The alternative power source interconnection with the electrical distribution system shall not cause any reduction in the quality and reliability of service provided to other customers. 3. The alternative power source shall generate no abnormal voltages or voltage fluctuations, and the harmonic content of the alternative power source output must be below that level which would cause interference with other customers' loads, other utilities, or the city's electrical distribution facilities and equipment. 4. The independent power producer shall, if the alternative power source or independent power producer's actions cause damage to the electrical distribution system, facilities, or equipment, be responsible for all costs associated with repairing damage and /or replacing the electrical distribution facilities or equipment. 5. The independent power producer shall be liable for all such damages, claims, and losses if the alternative power source and /or facilities cause injury, loss, or damage to other customers on (lie city's electrical distribution system in addition to their facilities. The Page 19 of 23 S19 CITY OF SEWARD, ALASKA ORDINANCE 2012 -010 independent power producer shall be required to carry liability insurance, with the City of Seward as a named insured, to protect against injury, damages, or losses suffered by the city or its customers caused by the alternative power source. 6. The electric department will disconnect the alternative power source from the electrical distribution system until the cause of damage to or interference with the electrical distribution system or any of its customers have been remedied to the electric department's satisfaction, and costs associated with the damage or interference caused by the alternative power source or independent power producer's actions are paid in full by independent power producer. 7. When using on -site fossil fuel generation, the alternative power source must be disconnected from the electrical distribution system. The independent power producer shall provide any equipment necessary to disconnect the alternative power source. L. Electricity consumption offset, billing and payments. 1. If the city supplied more power than the independent power producer during the monthly billing period, the customer will be billed for the net electric consumption at the rate established in the tariff. If the meter reading for power into the independent power producer's facility is higher than the meter reading for power out of the independent power producer's facility, the independent power producer will be billed for the net electric consumption at the rate established in the tariff. 2. If the customer produced more power than the city supplied during the billing period, the customer will receive a credit towards the next bill, provided the customer is in compliance with this chapter and is current on amounts owed to the city. If the meter reading for power out of the alternative power source is higher than the meter reading for power into the alternative power source, the independent power producer will receive a credit, on the next bill, equal to the difference between the two readings, at a rate as determined by the tariff. 3. Following disconnection, the city will bill for amounts owed or pay the independent power producer for any net credit. The independent power producer shall pay the reasonable costs of removal, relocation, modification, or renovation of any facilities or equipment required for interconnection with, or disconnection from, the electrical distribution system. M. Interruption of alternati ve power source energy deliveries. It is likely that the city will require alternative power sources to be disconnected from the electrical distribution systems whenever the city is generating its own power. The electric department shall have the right at any time, without liability to the independent power producer or any other person, to Page 20 of 23 5`\ CITY OF SEWARD, ALASKA ORDINANCE 2012 -010 interrupt, reduce, suspend, or curtail generation and /or deliveries of energy from the alternative power source: 1. When reasonably necessary, in order for the electric department to construct, install, maintain, repair, replace, remove, investigate, or inspect any equipment or any part of the electrical distribution system; or 2. If the electric department reasonably determines that interruption or reduction of deliveries or power is necessary because of a system emergency, a forced outage, Force Majeure, or other operational considerations. 14.15.420. Procedures and Application Process for Responding to Inquiries From an Independent Power Producer for an Alternative Power Source Greater Than 25KW. A. A request for interconnection of an alternative power source with a nameplate capacity of more than 25 KW may be subject to power sales agreements entered into by the city. The electric department shall notify the independent power producer regarding what information must be provided to enable the city to determine what additional agreement terms and conditions are appropriate given the specific circumstances of the proposed alternative power source. Such information may include the following: 1. Detailed description of the alternative power source; 2. Precise location of the alternative power source; 3. Nameplate electric generating capacity, net electric energy output, and plant factor of the alternative power source; 4. Minimum and maximum availability of firm capacity and /or energy from the alternative power source during daily and seasonal peak periods; 5. Projected date on which deliveries of capacity and /or energy would commence; 6. Plans for alternative power source construction and financing, and the acquisition of all necessary property rights, permits, authorizations, and fuel contracts; 7. Expected and demonstrated annual and seasonal reliability of the alternative power source; 8. Periods of scheduled maintenance and outages; 9. Plans for dispatch ability of the alternative power source; Page 21 of 23 (00 CITY OF SEWARD, ALASKA ORDINANCE 2012 -010 10. If applicable, plans for acquiring access to adequate firm transmission services and the terms and conditions of such access; and 11. Any other information to assist the city in evaluating the circumstances and determining appropriate terms and conditions. B. After the independent power producer has satisfied all requirements provided for in subsection A above, and following any approval that may be required by an entity that has entered into a power sales agreement with the city, a power purchase agreement is subject to approval by city council resolution. 14.15.44-530. - Fossil Fuel Standby Generation. The city will not permit the interconnection and operation of fossil fuel standby generation facilities, such as diesel or gasoline engine drive standby generators, with its integrated distribution system under any circumstances. Diesel or gasoline driven standby generators shall be connected to the customer's load only through a double -throw switch that will prevent parallel operation with the city's distribidtion electrical distribution system. When using on -site fossil fuel generation, the alternative power source must be disconnected from the electrical distribution system. The independent power producer shall provide any equipment necessary to disconnect the alternative power source. 14.15.42-035. - Customer Liability. (a) Accidents. The customer shall be solely responsible for all accidents or injuries to persons or property caused by the operation of the customer's equipment, or by any failure of the customer to maintain his equipment in a satisfactory and /or safe operating condition, and shall indemnify, defend, and save harmless the city from any and all claims, suits, losses, or damages for injuries to persons or property, of whatsoever kind or nature, arising directly or indirectly out of the operation of such equipment or by the failure of the customer to maintain its equipment in satisfactory and /or safe operating condition. (b) Digging permits or zttilio) locate requests. The customer is solely responsible for the safety and security of city equipment on the customer's property whether in or out of a utility easement. The customer shall complete a digging permit or utility locate request prior to any digging, drilling, driving into the ground, or any subterranean disturbance. If "locate required" is indicated on the form, the customer shall not disturb the ground until all indicated locates are complete. The customer or his contractor shall not use mechanized equipment within two feet of any located utility. Failure to follow this procedure will make the customer liable to a $500.00 fine plus any cost to repair the facility. Digging permits and utility locates are available free of charge upon request and will be done expeditiously. Page 22 of 23 CITY OF SEWARD, ALASKA ORDINANCE 2012 -010 Section 3 . This ordinance shall take effect ten days following its enactment. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 24` day of September, 2012. THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) Page 23 of 23 Agenda Statement Meeting Date: August 27, 2012 To: City Council Through: Jim Hunt, City Manager From: John Foutz, Utility Manager Agenda Item: AMENDING TITLE 14 OF THE CITY'S CODE OF ORDINANCES TO PROVIDE FOR INTERCONNECTION OF RENEWABLE ENERGY SYSTEMS BACKGROUND & JUSTIFICATION: Renewable and alternative energy sources have become more affordable, prevalent, and feasible for private individual land owners and business owners. One local hurdle has been a lack of intertie with the City's electrical utility system. This ordinance will change title 14, specifically the electrical portion, to allow the City of Seward to connect these systems to its electric grid and, in turn, give the customers in the City of Seward's coverage area a chance to contribute to a greener energy power portfolio. Many of the other utilities in the State of Alaska have already established similar interconnect policies and procedures. The attached ordinance change is in response to the wishes voiced by the public wanting to install, connect and run small renewable generation systems. INTENT: To amend the City's Code of ordinance to safely allow the connection of renewable generation systems to the City of Seward's electric grid. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan : Sections 2.2 Economic Base, 3.1.1.2 Update and expand infrastructure..., and 3.7.3.1 Continue to upgrade and X 1 expand utilities to meet existing needs and encourage future development 2. Strategic Plan (document source here): X 3. Other (list): X FISCAL NO'T'E Financial implications will be addressed in the tariff revisions. Approved by Finance Department: _ -_ - OP ATTORNEY REVIEW Yes X No C2 \ () RECOMMENDATION: Approve the amendments proposed to Title 14 in Ordinance 2012 -W. N. 9 APPLICATION FOR INTERCONNECTION OF ALTERNATIVE POWER GENERATION Customer Name: Customer Number: Contact Person: Address: City: — Phone: Fax: Alternate Contact Phone: State: Zip Code: E -mail Address: Location of Proposed Project (legal description): The Interconnection Application Procedures and general Permit requirements are addressed in the City of Seward Code Section 14.15.415, Interconnection Requirements. The Interconnection Application must be accompanied with complete documentation of the Alternate Power System equipment including but not Limited to: site location, schematics; wiring diagrams; performance specifications; descriptions of energy storage devices, circuit protection equipment, regulating equipment, automatic disconnect equipment, and any other proprietary device provided by the equipment manufacturers. For Alternative Power System facilities within the Seward city limits, the applicant must obtain and provide the documentation required for obtaining a Building Permit. Additionally, the following information will be used to help properly design the customer interconnection. This information is not intended as a commitment or contract for billing purposes. Note: For net metering applications, the total generator size may not exceed 25KW total output, and may not be more than 1.5% of the demand per circuit. Note: If any work is required to be performed on the system side of the meter by the City of Seward Electric Crew, then a job order must be started and those costs will be paid by the applicant. Wind Turbine: Wind Turbine Manufacturer: Model No. Supplement No. ED -01 6/1;/2012 (101A Rated Power Output (Watts): at mph Wind Speed. 'Dotal Site Load (Watts) Residential Commercial Industrial Generator Rating (Watts) Annual Estimated Generation (KWII) Inverter Manufacturer: Model No: UL 1741 "Utility Interactive" Listed: Yes No IEEE 1547 Complaint: Yes No t Solar PV Type: Solar Panel Manufacturer Model No. Quantity of Solar Panels: x Nominal Rating Watts (Each) =Total Wattage "Total Site Load (Watts) Residential Commercial Industrial Generator Rating (Watts) Annual Estimated Generation (KWH) Type of Array Mounting: Fixed "Tracking Inverter Manufacturer: Model No. UL 1741 "Utility Interactive" Listed: Yes No I1EE 1547 Complaint: Yes No Other Qualified Alternative Energy Generator: Describe: Customer Signature: Date: Title: Supplement No. ED -01 6/13/2012 M. f ll Please direct all technical inquires for interconnection to the City of Seward distribution system and return this application to the City of Seward Electric Department before purchasing and installing an Alternative Power Generator: The Electric Department Point of Contact for technical inquires is: .Jeff Estes Operations Supervisor Phone: 907-224-4072 Fax: 907-224-4087 1�111d11 jeslc, l7)C_ItI;OtSe "d . n_E',t Web Site: www.cityofseward.net City of Seward Electric Department 501 Railway Avenue Seward, AK 99664 Forms will be posted on the City of Seward Website or available at the Electric Department. '['he signed form with supporting documentation should be turned into the City of Seward Electric Department: Shannon Huston Phone: 907- 224 -4073 Fax: 907- 224 -4087 Email: shuston t�wityofseward.net Web Site: www.cityofseward.net City of Seward Electric Department 501 Railway Avenue Seward, AK 99664 Acknowledge with: Community Development: Initials _ Date Comments Building Department: Initials Date Comments Finance Department: Initials Date Comments I, Public Works Department: Initials Date Comments Electric Department Approval: Approved: Disapproved: Signature Date Supplement No. ED - 6/13/2012 .. R.C.A. Tariff No. 8 ELECTRICITY Sheet 97, 102"' Revision Chugach Electric Association, Inc. Canceling Sheet 97, 101" Revision ELECTRONIC REPLICATION OF SHEET ON FILE WITH RCA - Font and Format May Vary — Content is Identical PURCHASE AND SALES RATES FOR QUALIFIED t COGENERATION AND SMALL POWER PRODUCTION FACILITIES Available in all territory served by Chugach. Applicable to qualified cogeneration and small power production facilities of 100 kW or less. The type of service shall be single or three phase 60 hertz at Chugach's standard voltages. Chugach reserves the right to limit the number of customers receiving service under the terms ofthis schedule to one per substation circuit. Chugach further reserves the right to reduce the buyback rates for costs associated with the integration of the energy produced by the qualifying facility into �i' the Chugach system. Integration costs are project specific and determined through the completion of an integration study completed by Chugach. Monthly Rates rower sales supplied by Chugach to the customer in order to meet its electric requirements will be priced at the applicable retail rates. The rate to be paid by Chugach to the customer for kWh supplied by the customer to Chugach is the avoided cost calculated as follows: 1. Retail fuel and non - Bradley Lake purchased power expense, less recovery of fuel and purchased power costs from steam sales, all predicted for next quarter in the determination of the surcharge rate. $ 17,275,920 2. Retail kWh Sales at G &T predicted for next quarter: 262,610.205 3. Retail Avoided Costs per kWh at G &T (L1 / L2) $0.06579 4. Avoided Costs at Primary Voltage 0 Primary kWh Sales at G &T 10326.391 (Percent Primary Distribution Losses at G &T: 3.43 %) b) Primary kWh Sales at Delivery 9,972,355 _ c) Avoided Costs per kWh at Primary (1-3 x 1-4a / 1,4b) $0.06812 5. Avoided Cost at Secondary Voltage a) Secondary kWh Sales at G &T (L,2 - L4a) 252,28 (Percent Secondary Distribution Losses at G &T: 4.15%) b) Secondary kWh Sales at Delivery 241,819;742 c) Avoided Costs per kWh at Secondary (13 x L5a / 1-5b) S0.06863 These rates will change concurrently with fuel adjustment factor revisions and general rate revisions. `LA Number: 352 -8 Issued by: Effective: July 1, 2012 Chugach Electric Association, Inc. 1'. O. Box 196300 Anchorage, AK 99519 -6300 j CITY OF SEWARD INTERCONNECTION AND POWER PURCHASE AGREEMENT FOR INDEPENDENT POWER PROVIDER This Interconnection and Power Purchase Agreement for Independent Power Provider (IPP) ( "Agreement "), dated _, made by and between City of Seward (COS) and Independent Power Provider Account Number, is being entered into in order to set forth the terms and conditions under which the COS Electric Department will purchase power from an IPP and the technical guidelines (attached) with which the IPP must comply in order to be interconnected to the COS electric distribution system. The COS and IPP may be hereinafter referred to individually as "Party," or jointly as "Parties." Section 1. Definitions. (a). "Alternative Power Source (APS)" means generation fueled by renewable resources such as wind, solar, geothermal, biomass, or water. (b). "Application" means the Application for Interconnection of Alternate Power Source that must be completed by any Customer wishing to interconnect to the City of Seward F,lectric Distribution System as an Independent Power Producer (IPP). (c). "City of Seward Electric Tariff' or "Tariff' means COS Rules, Regulation and Rates on file with the City Clerk, as may be amended from time to time. i (c). "Contributor" means an individual or entity willing to fund alternative power generation through voluntary monetary donation(s). (d). ``Delivery Point" means the location where COS electric distribution system terminates its equipment or conductors and at which the Customer assumes responsibility for construction and maintenance of the electrical facilities. (e). "Independent Power Provider (IPP)" means a COS distribution system Customer who has developed or is developing an APS Project. (f). "Technical Requirements for Interconnection" means the document used by City of Seward (COS) which contains the applicable engineering criteria prescribing the technical interconnection, protection, and metering requirements for any APS Project to be connected to the COS electric distribution system. This document may be amended from time to time. A copy of the Technical Requirements for Interconnection is attached as Appendix I hereto. Section 2. IPP Responsibilities. The IPP shall be responsible for acquiring the site for the project, installing the generation facility and complying with all of the requirements set forth in the COS Code Chapter 14 Electricity and the Technical Requirements for Interconnection, including any amendments that may occur for the installation and operation of the facility. Installation shall not be deemed completed until such time as the COS verifies all requirements KJ specified by the COS have been fully satisfied and all testing deemed appropriate by the COS has been completed to the COS satisfaction. It is the responsibility of the IPP to do all that may be required to have its APS Project certified by the COS as meeting the requirements of the APS Program. Section 3. Safety Related Testing Requirements. The IPP shall complete all required interconnection safety related testing of the APS Project prior to interconnecting to the COS distribution system. The IPP shall, at a minimum, annually test the interconnection safety features of the APS Project. The COS reserves the right, in its sole discretion, to require additional testing to ensure that the safe and efficient operation of the COS distribution system is not jeopardized by interconnection with the APS Project, including, but not limited to, additional tests to determine compliance with IEEE Standards and /or tests to ensure proper operation of the APS Project. Section 4. Interconnection with COS Electric Distribution System Facilities. Provided that adequate capacity exists on the COS distribution system where the APS Project is located, interconnection of an APS Project to COS distribution system shall be on a first come, first serve basis, as determined by the effective date of the IPP Agreement with the COS. Unless otherwise agreed in writing, all costs associated with the interconnection of the APS Project to the COS distribution system shall be paid by the IPP prior to interconnection with the COS distribution system. All Line Extension fees must be paid in accordance with the IPP Rate Schedule of the Tariff. � Upon completion of installation of the APS Project and receipt of the IPP certification that all necessary Federal, State and local permits have been obtained, COS shall, within a reasonable time, interconnect the APS Project to the COS distribution system. Such interconnection shall be done at a time convenient to the COS, and which is designed to cause no, or minimal, disruption of electric service to other Customers. The IPP shall provide continuing certification annually thereafter. Certification shall be provided upon the form attached as Appendix II. Nonpayment of required costs or fees shall be deemed material breach of this Agreement and COS may immediately disconnect the APS Project without compliance with Section 17 of this Agreement and the IPP shall be responsible for all disconnection costs. Section 5. Point of Delivery. Power generated by the IPP shall be metered by the COS. Although the IPP is responsible for the cost of the meter, the COS shall install and own the meters. Section 6. Access to IPP Generation Facilities. bc� The COS shall be granted any necessary easements and have the right of ingress and egress from the APS Project and associated facilities at all hours for any purpose reasonably connected with this Agreement or the protection of the COS distribution system. Section 7. Ownership of Improvements. The COS shall own any and all improvements or equipment up to the Delivery Point including all meters necessary to record the generation of consumption of electricity. The IPP shall be responsible for all costs associated with any improvements and /or equipment required pursuant to this Agreement. In consideration of the mutual benefits and other consideration stated in this Agreement, the IPP specifically agrees that the IPP shall not be entitled to any compensation or payment for said equipment and /or improvements. Section 8. Operation and Maintenance of APS Project. The IPP shall be solely responsible for all costs and expenses of every type or nature, relating to the permitting, purchase, operation, and maintenance of the APS Project. The IPP shall, at all times during the term of this Agreement, keep the APS Project in good repair and operating condition so as not to cause damage to COS facilities or distribution system. The IPP shall not rely upon the COS, or any representation or statements made by COS employees and/or representatives regarding steps or actions necessary for the safe or good operation of the APS Project. If, at some future date, additional or modified equipment or facilities are necessary to continue safe operation and /or interconnection of' the IPP's facilities, the same shall installed at the IPP's sole expense. Failure to do so will be considered to be a material breach of this Agreement and will result in the immediate disconnection of the APS Project without the COS complying with Section 17 of this � Agreement. Section 9. Damage or Interference with COS Electric Facilities. If the APS Project or IPP's actions cause damage to the COS distribution system and /or COS facilities and equipment, the IPP shall be responsible for all costs associated with repairing the damage and /or replacing such facilities or equipment. If the APS Project and /or facilities cause loss or damage to COS other Customers, the IPP shall be liable for all such damage, claims and losses. If the APS Project or IPP's action's cause damage to or interfere with the COS or any of its Customers' facilities, the COS will disconnect the APS Project from the COS distribution system until the cause of the damage or interference is remedied to COS's satisfaction and costs associated with the damage or interference caused by APS Project or IPP's actions are paid in full by the IPP. Section 10. Purchase and Sale of Energy Delivered. - r During the term of this Agreement, the IPP shall receive credit, in accordance with the Tariff, toward their next bill when the IPP produces more power than the COS supplied. Section 11. Interruption of IPP's Energy Deliveries. The IPP shall have the unilateral right at any time, without liability to the IPP or any other person, to interrupt, reduce, suspend or curtail generation and /or deliveries of energy from the APS Project; (a) when reasonably necessary, in order for the COS to construct, install, maintain, repair, replace, remove, investigate, or inspect any equipment or any part of its distribution system; or (b) if the COS reasonably determines, in its sole discretion, that interruption or reduction of deliveries of power is necessary because of a !" � system emergency, a forced outage, or Force Majeure or other operational considerations. Section 12. No Reliance. The IPP acknowledges and understands that the energy market is not static, but is dynamic and volatile. The IPP has not relied upon any price or supply forecasts made by the COS, its employees or representatives, including purchase price (credit) in the IPP Rate Schedule of the Tariff, in deciding to go forward with the APS Project. Section 13. Billing and Payments. (a). The COS shall be responsible for reading the meters at least monthly to determine the amount of energy actually reduced or delivered by the APS Project to the COS distribution system. (b). If the COS supplied more power than the IPP produced during the monthly billing period, the customer will be billed for net electric consumption at the normal rate established in the IPP Rate Schedule of the Tariff. (c). The COS Finance Department shall provide a billing statement to the IPP within normal operations showing the total amount of kilowatt-hours (kWhs) generated by the APS Project, as well, as the total amount of kilowatt -hours (kWhs) delivered from the APS Project to COS distribution system during that billing period. (d). If the APS Project produced more power than the utility supplied to them, during the billing period, the IPP will receive a dollar credit towards their next bill. For Large, Class D Providers, COS shall with the concurrence of Chugach, purchase from IPP the electrical energy produced by the APS Project and delivered to the COS distribution system. All rates will be in accordance with COS I1 Rate Schedule of the Tariff. (e). The IPP shall review each monthly billing statement promptly and provide notice to COS Finance Department of any inaccuracies or disputes regarding the billing statement within thirty (30) days of the date of the billing statement. (f). The COS Finance Department will have no liability to the IPP for any inaccuracies or errors on billing statements for which the IPP has failed to provide timely notice. 1 1 (g). The COS Finance Department liability for inaccuracies or errors in the billing statement or metering shall be limited to an amount equaling one (1) month production based on the average of the last three months production measured by the COS Electric Department APS Generation meter. (h). Administration of the APS Program and all billing and payments under this Agreement shall be in accordance with the IPP Rate Schedule of the Tariff. Section 14. Payments by the IPP or COS. (a). The IPP shall pay the COS Finance Department in accordance with the Tariff. Amounts not paid when due may be offset against sums due to the IPP from the COS Finance Department. (b). The COS, at the request of the IPP, will once a calendar year provide the IPP a cash payment, if APS Project has provided more power to COS than the COS has provided. (c). The IPP failure to pay any such amounts owed by the due date, the COS may immediately disconnect the APS Project with the IPP being responsible for all disconnection and reconnection costs. Section 15. Force Majeure. Neither party shall be responsible or liable for or deemed in breach thereof because of any delay or failure in the performance of their respective obligations hereunder (other than failure to pay money when due), to the extent such delay or failure is due solely to circumstances beyond reasonable control of the Party experiencing such delay or failure. such such circumstances including, but not limited to, acts of God, unusually severe weather conditions; strikes or other labor difficulties; war; riots; requirements, actions or failures to act on the part of governmental authorities preventing performance; accidents; fires; failure or damage to, loss of right to or destruction or breakdown of necessary transmission facilities, which, by exercise of due diligence, such Party, could not reasonably have expected to avoid and which by exercise of due diligence it has not been able to overcome (such causes, a "Force Majeure "). (a). If either Party, because of Force Majeure, is unable to perform its obligations under this Agreement, that Party shall be excused from whatever performance is affected by the Force Majeure, except for payment of money due, to the extent so affected, provided that: (1). The non - performing Party, within two (2) weeks after the commencement of the Force Majeure, gives the other Party written notice describing the particulars of the occurrence. (2). The suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure. 1� (3). The non - performing Party uses reasonable efforts to remedy the inability to perform, such efforts not to include settlement of a labor dispute. (b). When the non - performing Party is able to resume performance of its obligations under this Agreement, the Party shall give the other party written notice to that effect. (c). In the event a Party is unable to perform its obligations under this Agreement due to legislative, judicial or regulatory agency actions, that Party shall not be deemed to be in breach of any obligation pursuant to this Agreement. (d). The COS shall not be provided the IPP with the notice that IPP is required to provide in accordance with paragraph 15(a)(I) and 15(b) in this Section. i Section 16. "berm. This Agreement shall be effective on the date set forth above. This Agreement shall continue in full force and effect until terminated by either Party. Either Party may terminate this Agreement upon providing the other Party with written notice thirty (30) days prior to the effective date of such termination. Section 17. Default. I Acept, as specifically provided for in this Agreement, in the event of a breach of this Agreement by either Party, the non - breaching Party may deliver a notice of default to the breaching Party. The notice of default shall specify the nature of the breach that is the basis for the notice and give the breaching Party at least ten (10) days to cure said default, stating that failure to cure said breach will entitle the non- breaching Party to terminate this Agreement. Bankruptcy, insolvency, reorganization or liquidation by either Party shall constitute a breach of this Agreement. Section 18. Compliance with Laws and Regulations The IPP shall comply with all environmental laws and regulations, and shall maintain and operate the APS Project in strict accordance with all applicable laws, regulations and safety codes. The IPP is solely responsible for compliance with all environmental, land use and other regulatory requirements. If the COS, or regulatory agency, at any time determines the APS Project is being operated in an illegal, unsafe or unreliable manner, the COS shall have the unilateral right to interrupt and discontinue its receipt of energy from the APS Project without any liability or continuing obligation. Further, if any regulatory entity or entity charged with ensuring reliability of electric systems (or charged with permitting the APS Project) requests or directs disconnection of the APS Project, the COS may disconnect the APS Project without liability to the IPP. The IPP shall supply certification of compliance with permit requirements to COS prior to �3 niterconnection and annually thereafter. Certification shall be provided upon the form attached as Appendix III. Section 19. No Sales to Third Parties. This Agreement does not confer any right upon the IPP to transmit, distribute or delivery energy to any third party. Section 20. "Taxes. Any and all taxes due and owing as a result of the ownership and operation of the MPS Project or IPP's associated facilities shall be the sole responsibility of the IPP. Section 21. Insurance. The IPP will not be required to carry liability insurance with the COS as a named insurer as long as the APS Project meets the requirements provided in City Code and Technical Requirements for Interconnection. Section 22. Indemnity. (a). The IPP shall defend, indemnify and hold harmless the COS and its representatives (which shall be deemed past and present COS employees, past and present City Council persons or agents employed or contracted with the COS) from and against any and all liability, claims, lawsuits, losses, damages, expenses, fines, penalties, citations or infractions of any type or nature, including actual attorney fees and expert witness fees, which may be incurred or sustained by the COS or its employees or agents by any reason of any act, omission, misconduct, negligence, or default on the part of the IPP or its employees, agents, representatives, and or contractors arising in the connection with or related to the IPP's ownership, installation, maintenance or operation of the APS Project. (b). The IPP shall defend, indemnify and hold harmless the COS and its representatives (which shall be deemed past and present COS employees, past and present City Council persons or agents employed or contracted with the COS) from and against any and all liability, claims, lawsuits, losses, damages, expenses, fines, penalties, citations or infractions of any type or nature, including actual attorney fees and expert witness fees, which may be incurred or sustained due to the IPP's alleged violation of any permitting, land use, or environmental laws and regulations. In the event a claim is made which is subject to this subparagraph, the COS reserves the right to select legal counsel and control the defense and settlement of any such claim. Such defense shall be at the sole expense of the IPP. (c). The IPP's indemnification obligation shall not apply to liability for damages for bodily injury to persons or damage to property caused by the sole negligence of the COS and not in any way attributable to any act or omission on part of the IPP. Section 23. Limitation on COS Liability. The COS shall not be liable to the IPP for consequential, incidental, punitive or indirect damage of any kind due to any damage to disconnection of the IPP's facilities. The COS shall have no responsibility or liability to the IPP or any other person or entity for or in connection with any service interruption, suspension, curtailment or fluctuation or disturbance of energy, whatever the cause, except the COS shall be liable for repair or replacement cost (whichever is less) of the IPP's facilities suffering physical damage as a direct consequence of the COS's sole negligence in operating its distribution system. Sectiom 24. Removal of Interconnection Facilities. If required by the COS upon expiration or termination of this Agreement; the IPP shall pay the reasonable costs of removal, relocation, modification or renovation of any facilities or equipment required for interconnection with the COS distribution system. Section 25. COS Tariff. 'Phis Agreement is subject to the terms and conditions contained in the COS Electric Tariff. In cases of conflict between this Agreement and the COS Tariff, the terms of the "Tariff will control. Section 26. Attorney's Fees. This Agreement shall be interpreted under the laws of the State of Alaska. In the event it is necessary for either Party to utilize the service of an attorney to enforce any of the terms of this Agreement, if such enforcing Party prevails, it shall be entitled to compensation for its reasonable attorney's fees and costs. In the event of litigation regarding any of the terms of this Agreement, the substantially prevailing Party shall be entitled, in addition to other relief, to such actual attorney's fees and costs as demonstrated by the prevailing Party to the court. 27. Amendment, Modification or Waiver. Any amendments or modifications to this Agreement shall be in writing and subject to mutual agreement by the Parties. The failure of any party at any time or times to require ! �, performance of any provision hereof shall in no manner affect the right at a later time to enforce the same. No waiver by any Party of the breach of any term or covenant contained in this Agreement, whether by conduct or otherwise, shall be deemed to be construed as further or continuing waiver of any such breach of any term or covenant unless such waiver is in writing. Section 28. Notices. All notices and other communications required or permitted hereunder shall be deemed given when received and, unless otherwise provided herein, shall be in writing, shall be sent by nationally recognized overnight courier services or sent by regular mail deposited in the United States mail, portage prepaid, addressed to the Parties at the address set for below or such other address as a party shall specify in writing, and shall be deemed received upon the sooner of (1) the date actually received or (2) the third business day following mailing: To: City of Seward City of Seward City Clerk Office P.O Box 167 Seward, AK 99664 -0167 "Telephone: (907) 224 -4045 Fax: (907) 224 -4038 10: IPP Attn: Telephone: Fax: Email: Section 29. Several Obligations; No Partnership or Agency Status Except where specifically stated in this Agreement to be otherwise, the duties, obligations, and liabilities of the Parties are intended to be several and not joint or collective. Neither Party shall have the right to bind or obligate the other in any way or manner unless otherwise specifically provided for herein. Nothing contained in this Agreement shall be construed to create an association, trust, partnership, franchise, or joint venture or impose a trust or partnership duty. Except as specifically set forth in this Agreement, each party shall be liable individually and severally for its own obligations and actions under this Agreement. Section 30. Miscellaneous. (a). Successors and Assigns. All terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by the successors and permitted assigns of the Parties hereto. �( (b). Interpretation. The Parties agree that the terms and provisions of this Agreement embody their mutual intent and that such terms and conditions are not to be construed more liberally in favor of, nor more strictly against, either Party. To the extent the mutual covenants of the Parties under this Agreement create obligations that extend beyond the termination or expiration of this Agreement, the applicable provisions of this Agreement shall be deemed to survive such termination or expiration for the limited purpose of enforcing such covenants and obligations in accordance with the terms of this Agreement. (c). Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument. (d). Authority. Each person executing this Agreement on behalf of a Party represents that he or she has the authority to execute it on behalf of the respective Party. If the IPP is incorporated, it shall provide the COS with a duly certified copy of a corporate resolution, naming and authorizing its representative (s) to enter into execute this Agreement. (e) Appendices. The Appendices referenced herein and attached hereto shall be hereby incorporated and made an integral part of this Agreement. (f) Entire Agreement, This Agreement and the attached Appendices constitute the entire understanding and agreement between the Parties regarding the subject matter hereof, supersede entirely all prior understandings, and may not be altered or amended, except by an instrument in writing signed by the ! � Parties. The Parties each acknowledge and agree that no representation, warranty signed by the inducement has been made to it regarding the rights set � forth in this Agreement which is not expressly set forth in this Agreement and attached Appendices. (g). Third Party Beneficiaries. This Agreement is intended to be solely for the benefit of the Parties hereto and their permitted successors and permitted assignees and is intended to, and shall not confer any rights or benefits on any other third party not a signatory thereto. (h). No Agency. Neither Party shall be considered to be the agent or representative of the other Party. No agency relationship is created by this Agreement. (i). Communication. The IPP must provide and maintain current contact information with the COS. Due to the importance of maintaining operational integrity of the COS distribution system in a safe and efficient manner, the COS will have the unilateral right to react to any circumstances created by the APS Project being interconnected with the COS distribution system and its �� Customers. The COS may separate the APS Project from the COS distribution system when immediate contact with the IPP is not possible or practical under the circumstances. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives on the date first above written. CITY OF SEWARD (NAME OF IPP) By: Printed Name: Title: By: Printed Name: Title: ff { CITY OF SEWARD INTERCONNECTION AND POWER PURCHASE AGREEMENT FOR INDEPENDENT POWER PROVIDER INDEPENDENT POWER PROVIDER'S PERMIT CERTIFICATION The undersigned states under penalty of perjury that: 1. He /She has the authority to sign on behalf of the Independent Power Provider (IPP) (Name /Customer Account No. 2. The IPP has obtained all necessary permits for the installation and operation its generating facility located at (only one site may be listed per certification). 3. The IPP has complied with, and will continue to comply with, all laws related to the siting, installation and operation of the generating facility described above. Dated this _ day of , 20 Signature: Name: Title: M CITY OF SEWARD INDEPENDENT POWER PROVIDER'S INTERCONNECTION PERMIT CERTIFICATION The undersigned states under penalty of perjury that: # 1. He /She has the authority to sign on behalf of the Independent Power Provider (IPP), _ (Name /Customer Account No. ). 2. The IPP has obtained all necessary permits for the installation and operation its generating facility located at (only one site may be listed per certification). 3 The IPP has complied with, and will continue to comply with, all laws related to the siting, installation and operation of the generating facility described above. Dated this day of , 20 Signature: Name: Title: • a CITY OF SEWARD ELECTRIC DEPARTMENT TECHNICAL REQUIREMENTS FOR INTERCONNECTION Table of Contents 1 Introduction ................................................................................ ............................... 2 1.1 Separate Operation ............................................................... ............................... 3 1.2 Parallel Operation ................................................................ ............................... 3 1.3 Islanding ............................................................................... ............................... 4 2 Classification of Non - Utility Generation Installations ........... ............................... 4 2.1 Class A Facilities ................................................................. ............................... 5 2.2 Class B Facil ities .................................................................. ............................... 5 2.3 Class C Facilities .................................................................. ............................... 5 2.4 Class D Facilities ................................................................. ............................... 6 3 Design Requirements ................................................................. ............................... 6 3.1 Design Documentation and Information .............................. ............................... 6 3.1.1 One -Line Diagram ....................................................... ............................... 6 3.1.2 Three -Line Diagram (as required) ............................... ............................... 6 3.1.3 Relay, Metering, and 'Telemetering Functional Drawing ........................... 7 3.1.4 Paralleling Device Control Drawings .......................... ............................... 7 3.1.5 Facility Grounding Drawings ...................................... ............................... 7 3.2 Protective Systems and Equipment ...................................... ............................... 7 3.3 City of Seward System Modifications ................................. ............................... 8 3.4 Induction Generators ............................................................ ............................... 8 3.5 Standard System Voltages ................................................... ............................... 8 3.6 Power Converter Systems .................................................... ............................... 9 4 INTERCONNECTION EQUIPMENT REQUIREMENTS .. ............................... 9 4.1 Overview of Required Equipment ....................................... ............................... 9 4.1.1 Metering Requirements .............................................. ............................... 10 4.1 2 Interconnection Disconnect Device ........................... ............................... 10 4.1.3 Interconnection Transformer ............... ............................... 1 1 4.1.4 Protection and Control Devices .................................. ............................... 1 I 4.1.5 Telemetry and Monitoring Requirements .................. ............................... 12 4.1.6 Operational Data Logging .......................................... ............................... 13 4.1.7 Export Power Control Equipment .............................. ............................... 13 4.1.8 Protection & Control System Testing Conformance . .......... ..................... 13 5 Interconnection Equipment Requirements By Class ........... ............................... 14 5.1 Equipment Requirements - Class A Facilities ................... ............................... 14 5.1.1 Application of Minimum Requirements — Class A Facilities ................... 14 5.1.2 Metering Requirements — Class A Facilities ............. ............................... 14 5. L-3 Interconnection Disconnect Device — Class A Facilities .......................... 14 5.1.4 Interconnection "Transformer — Class A Facilities ..... ............................... 14 5.1.5 Protection and Control Devices — Class A Facilities . ............................... 15 5.1.6 Telemetry and Monitoring — Class A Facilities ......... ............................... 16 5.1.7 Operational Data Logging — Class A Facilities ......... ............................... 16 5.1.8 Export Power Control Equipment — Class A Facilities ............................ 17 5.2 Equipment Requirements - Class B Facilities ................... ............................... 17 5.2.1 Application of Minimum Requirements — Class B Facilities ................... 17 5.2.2 Metering Requirements — Class B Facilities .............. ............................... 17 5.2.3 Interconnection Disconnect Device — Class B Facilities .......................... 17 i�� 5.2.4 Interconnection Transformer — Class B Facilities ..... ............................... 17 5.2.5 Protection and Control Devices — Class B Facilities . ............................... 18 5.2.6 Telemetry and Monitoring — Class B Facilities ......... ............................... 20 5.2.7 Operational Data Logging — Class B Facilities .......... ............................... 20 5.2.8 Export Power Control Equipment — Class 13 Facilities ............................. 20 5.3 Equipment Requirements - Class C Facilities ................... ............................... 20 5.3.1 Application of Minimum Requirements — Class C Facilities ................... 20 5.3.2 Metering Requirements — Class C Facilities .............. ............................... 21 5.3.3 Interconnection Disconnect Device — Class C Facilities .......................... 21 5.3.4 Interconnection Transformer — Class C Facilities ..... ............................... 21 5.3.5 Protection and Control Devices — Class C Facilities . ............................... 21 5.3.6 Telemetry and Monitoring— Class C Facilities ........................ 5.3.7 Operational Data Logging — Class C Facilities .......... ............................... 23 5.3.8 Export Power Control Equipment — ( "lass C Facilities ............................. 24 5.4 Equipment ment Re uirements - Class D Facilities ................... ............................... 1 P q 24 5.4.1 Application of Minimum Requirements — Class D Facilities ................... 24 5.4.2 Metering Requirements — Class D Facilities ............. ............................... 25 5.4.3 Interconnection Disconnect Device — Class D Facilities .......................... 25 5.4.4 Interconnection Transformer — Class D Facilities ..... ............................... 25 5.4.5 Protection and Control Devices — Class D Facilities . ............................... 25 5.4.6 Telemetry and Monitoring — Class D Facilities ......... ............................... 27 5.4.7 Operational Data Logging — Class D Facilities ......... ............................... 28 5.4.8 Export Power Control Equipment — Class D Facilities ............................ 28 5.5 Voice and Data Communications ...................................... ............................... 29 5.6 Producer -Owned Electrical Distribution Systems ............. ............................... 29 6 INTERCONNECTED OPERATING REQUIREMENTS .. ............................... 29 6.1 Approval for Parallel Operation ......................................... ............................... 30 6.2 Discontinuance of Parallel Operation .................................. .............................30 6.3 Islanded Operation ............................................................. ............................... 30 6.4 Voltage Requirements ........................................................ ............................... 30 6.4.1 Voltage Levels & Fluctuations .................................. ............................... 30 6.4.2 Voltage Regulation and Reactive Power Requirements ........................... 30 6.5 Generator Droop Requirements ......................................... ............................... 31 6.6 Ilarmonics .......................................................................... ............................... 31 6.7 Power Factor Requirements ............................................... ............................... 31 6.8 Coordination with the City of Seward Protective System .. .........f%................... 32 6.9 Maintenance & Testing ...................................................... ............................... 32 6.9.1 Interconnection Equipment Maintenance .................. ............................... 32 6.9.2 Protective Systems Functional Testing ...................... ............................... 33 7 DEFINITIONS .................................................. ..........................37 -44 8 APPLICAT ION ................................................. .............................45 1 Introduction The operation of non - utility generation in parallel with the electrical supply grid poses important safety concerns for City of Seward personnel and equipment. The safe, reliable operation of the City of Seward system, for all residents, is of the utmost importance to us. Accordingly, any interconnected non - utility generating fac' 't must meet all applicable federal, state, and local safety codes and regulations, in addition to the specific guidelines and requirements contained in these guidelines. The City of Seward strongly recommends (and in some cases, may require) that those applying for interconnection obtain the services of an engineering professional, expert in the design of wiring and protection systems, including control and protection systems for generating equipment interconnected with electric grids. hlectrical distribution systems are inherently complex in design; each proposal to interconnect to the system will be unique in geographic location, operational characteristics, and impact to the electrical grid. All proposals must therefore be analyzed to determine the specific technical operating criteria and utility interface requirements. The purpose of the City of Seward interconnection process is to provide a thorough but expedient method by which the applicant can obtain authorization for a safe and reliable interconnection with the City of Seward electrical system. It should be noted that the requirements contained in these guidelines represent the minimum that City of Seward applies in evaluating and installing its own generation resources to the system. The aim of this document is to guide the applicant to ensure that the safe, reliable performance of the City of Seward system is maintained as we assist in the process of interconnecting the applicant's non - utility generation technologies to meet the energy requirements of our consumers. This document shall not be construed as modifying any agreements that exist to establish the rights and obligations of both City of Seward and the applicant. The City of Seward will estimate its costs related to the applicant's proposed interconnection. The applicant will be responsible for full payment of the costs the City of Seward would not have incurred but for the applicant's interconnection. 1.1 Separate Operation The requirements contained in the Interconnection Guidelines generally do not apply to `separate operating' non - utility generating systems. Typically, separate operating systems include small emergency generating units for residential use, and certain uninterruptible power systems (UPS), which do not energize the City of Seward system in their normal course of operation. Within the context of these guidelines, a `separate operating' system is defined as a generating system, which has no capability or possibility of connecting and operating in parallel with the City of Seward system. Generally, a separate system is comprised of power generating equipment and switching apparatus located on the owner's site or property, which are designed and intended for use as an emergency, stand -by, or stand- alone power system. 1.2 Parallel Operation A transfer of power between the two systems is a direct and often desired result of parallel operation. A consequence of such parallel operation is that parallel generation becomes an electrically connected part of the City oil' Seward power system which must be considered in the electrical protection of City of Seward facilities. City of Seward's 3 I ability to provide safety to City of Seward personnel who may need to perform work on a power line is lost when a customer facility is operating in an islanded mode. The ability to maintain electrical power within specifications to customers is also lost during an islanded operating condition. For these reasons protection from islanding shall be incorporated into each customer's facility connected in parallel to the City of Seward. Protection system design incorporated into customer facilities shall be performed by a power system engineer qualified to perform such work and who is licensed as a professional engineer in the state of Alaska. The protection system design shall be reviewed by the City of Seward. Prior to energizing a customer facility any changes to the protection system design requested by the City of Seward will be made by the customer. Smaller inverter type equipment meeting the most recent UL and standards for interconnecting to utility power systems may have integral protection equipment built into one complete package. All adjustable or factory set protection parameters incorporated into Grid Interactive equipment shall be reviewed by the City of Seward. Prior to energizing customer's inverter type generation facilities, all settable (� protection parameters recommended by City of Seward will be made to the customer's equipment by the customer and confirmed by the City of Seward. 1.3 Islanding Within the context of these guidelines, islanded operation (or "islanding ") denotes the condition where the producer's generation energizes a portion of the City of Seward electrical grid that has become electrically separated from the rest of the City of' Seward system. For safety and quality reasons, no producer may island any portion of the City of Seward system, unless provided expressed approval and authorization by the City of Seward. Of primary concern are the possible dangers, which may be presented to City of Seward personnel under islanding conditions. City of Seward line crews must have the assurance that any section of City of Seward's system is de- energized prior to work and will not be re- energized until there is confirmation that they are physically clear of the system. Under an islanded condition, the City of Seward cannot provide assurance to its personnel that all portions of the island are de- energized Another equally important concern is the responsibility the City of Seward has to deliver electrical service within the proper ranges (voltage, frequency, etJ.) to its conswners. If a portion of the City of Seward system were to become islanded and energized by non -City of Seward generation, City of Seward would no longer control the quality, safety, and integrity of the electrical service delivered to its consumers. 2 Classification of Non - Utility Generation Installations In order to evaluate proposed interconnections to the electrical system, City of Seward categorizes Producer —owned generation systems into four general classes — Classes A, A C, and D. This system is based upon industry - accepted methodology for assessing the possible impacts that interconnected facilities may have on the system. Criteria for classification include the maximum capability of the facility (output capacity in kVA), the type of generating system and characteristics (synchronous generator, induction generator, power converter system, etc.), the stiffness ratio' of' the facility in relation to the City of Seward electrical system, and system electrical characteristics at the point of interconnection. One measure used to determine the potential impact is the stiffness ratio at the point of' interconnection. This stiffness ratio is the ratio of the available electric system fault current at the interconnection point to the maximum -rated current of the Producer's facility. Used throughout the industry, this ratio indicates the capability of a particular generator to influence system voltages and operating characteristics. For any given point on the system, the higher the ratio, the lower the probability that the Producer may contribute to system disturbances or adversely affect nominal system voltage levels. To obtain the minimum interconnection equipment requirements associated with a particular class of facilities, please refer to Section 5: Interconnection Equipment Requirements. 2.1 Class A Facilities Non - utility generator installations of 10 -kVA output or less, where the system stiffness ratio is at least 100, are identified as Class A installations. Interconnection requirements for Class A installations are typically the most moderate of all the classes. In general, Class A installations are most applicable to residential and /or small commercial on -site power supply applications and are not expected to affect City of Seward primary electrical distribution feeder devices. Class A installations are rarely capable of significantly altering local voltages on adjacent distribution facilities, and the relatively small -sized generators are not capable of supporting large islands on the primary electrical system. 2.2 Class B Facilities Non - utility generator installations of 10 kVA to 100 kVA, where the stiffness ratio is at least 50, are identified as Class B installations. As with Class A installations, the probability of interference with City of Seward consumers and electrical distribution system equipment is relatively low, but the risk is sufficient to warrant moderate interconnection requirements. Class B installations generally do not significantly influence primary electrical feeder devices, but can alter primary and /or secondary voltages. Thus, islanded operation with the City of Seward system is of greater potential concern than with Class A installations. 2.3 Class C Facilities Non - utility generator installations of 100 kVA to 1,000 kVA, where the stiffness ratio is at least 30, are identified as Class C installations. Given the larger capacity of' Class C facilities (relative to Classes A and B), the potential to island large sections of the City of Seward electric system is of much greater concern. In addition, Class C installations can significantly influence primary feeder devices and operations. Accordingly, the probability of interference with City of Seward consumers and system equipment is high enough to necessitate more stringent interconnection requirements ELM 2.4 Class D Facilities Non- utility generator installations of 1,000 kVA to 5,000 WA, where the stiffness ratio is at least 20, are identified as Class D installations. This size of installation and available fault contribution can present a major risk to system safety and operations. The effect on City of Seward system voltages and equipment, due to unacceptable constant or transient conditions from the installation, can be serious. Due to the capacity of Class D facilities, islanding is of major concern to the City of Seward. Accordingly, greater levels of interconnection protective equipment are required for Class D systems. Class D installations require detailed and careful system studies to determine the amount and degree of interconnection and interface requirements, as they are capable of having a major influence on the City of Seward connecting feeder(s), adjacent feeders, and substations. 3 Design Requirements 3.1 Design Documentation and Information For City of Seward review and reference purposes, the Producer shall submit the following information and design documentation with the interconnection application(s). In certain cases, such as smaller -class facilities, some submittal requirements may be waived, at City of Seward's discretion. All of the Producer's interconnection final design plans and drawings shall be approved by an electrical engineer, registered and recognized as a Professional Engineer in the State of Alaska. This approval shall be indicated by the presence of the engineer's professional seal on all drawings and documents. 3.1.1 One -Line Diagram This is a schematic electrical drawing with sufficient detail to show the major elements of the facility electrical connections, interconnection and protective equipment, and point of interconnection to the City of Seward electrical system. The diagram should include the following: • Generating equipment • Circuitry of the facility, to include conductor types, sizes, and bus electrical ratings • Metering points and instrument transformers (as applicable) • Interconnection transformer f • Relays and circuit breakers /interrupting devices • Switchgear (as applicable) l • Utility circuitry at the point of interconnection 3.1.2 Three -Line Diagram (as required) This schematic electrical drawing shall represent all three phases and neutral connections of the interconnected facility circuits, showing potential transformer ,Xb (PT) and current transformer (CT) ratios and details of their configuration, including relays, meters, and test switches. 3.1.3 Relay, Metering, and Telemetering Functional Drawing r This diagram shall indicate the functions of the individual relays, metering, and telemetering equipment, if any. For simpler systems, such as some Class A facilities, the one -line diagram and the functional diagram can be combined. 3.1.4 Paralleling Device Control Drawings These drawings shall show the conditions, relays, and instrument transformers that cause all switchgear and /or circuit breakers applied to the interconnecting facility to open or close. The source of power for each control should be clearly indicated in the drawings. For simpler systems, such as Class A facilities, these control drawings can be incorporated in the one -line diagram. 3.1.5 Facility Grounding Drawings These drawings shall indicate ground wire sizes, bonding, and connections, as well as the number, size, and type of electrodes, and spacing. The Producer's grounding scheme shall conform to IEEE Std. 1547, Part 4.1.2: Integration with Area EPS Grounding. I' In addition to the above, the Producer shall provide to the City of Seward any additional design information or documents pertaining to the interconnected facility, as requested. 3.2 Protective Systems and Equipment Control and protection designs for facilities proposed to operate in parallel with the City of Seward system must be approved by the City of Seward prior to approval for interconnection with the City of Seward electric grid. The specific design of the protection system depends on the generator type, size, and other site - specific considerations. The Producer must meet City of Seward requirements, and all designs and equipment must conform to the National Electrical Code, the National Electrical Safety Code, IEEE standards, and all federal, state, local, and municipal codes. When proposing protective devices for the protection of the City of Seward system, the applicant shall submit a single -line drawing of this equipment tot the City of Seward for approval of the interconnection protective functions and equipment. Any changes required by City of Seward must be made prior to final acceptance, and the City of Seward must be provided with dated copies of the final drawings. To eliminate unnecessary costs and delays, the final design should be submitted to, and approved by the City of Seward prior to ordering equipment and the commencement of construction. The City of Seward will approve only those portions of the Producer's system designs, which apply to the interconnection with, and protection of, the City of Seward system. The City of Seward may comment —.on other areas, which appear to be incorrect or deficient, but will not assume responsibility for the correctness of protection pertaining to the Producer's system. In order to gain approval for interconnected operation, At the completion of construction the Producer shall demonstrate to designated City of Seward personnel conformance to the testing specifications and requirements contained in IEEE Standards 1547 and 1547.1 for all protective and control systems associated with the Producer's interconnection equipment. The Producer shall provide documentation of test results, protective relay settings, and control system settings to the City of Seward. 3.3 City of Seward System Modifications Any modification to the City of Seward electric grid, such as the installation of additional equipment, reconductoring of all or a portion of the connecting City of Seward line, or reconfiguration of City of Seward protection systems necessary to permit in- parallel operation with the City of Seward electric grid, will be performed by the City of Seward. Where such City of Seward system modifications are required to allow the interconnection of the Producer's facilities, the City of Seward will perform these modifications, at the Producer's expense, providing all labor, materials, and equipment necessary. 3.4 Induction Generators Induction generators require varying amounts of reactive electric power (VARs) in order to produce real electric power (watts). Due to this consumption (or absorption) of VARs, induction generators inherently operate at leading power factors. It is the responsibility of the Producer to provide all reactive support or compensation to maintain power factors within the limits specified in Section 6.7: Power Factor Requirements, when operating in parallel with the City of Seward electric grid. Reactive support for required power factor correction may be provided by the Producer's installation of City of Seward approved reactive compensation devices, or through contractual agreement with City of Seward to provide ancillary services to the Producer. 3.5 Standard System Voltages The City of Seward's system voltages conform to ANSI C84.1 standards and are outlined as follows. All distribution circuits, both secondary and primary, are effectively grounded. Specific voltage requirements and limits for Producers generation are described in Section 5: Interconnected operation Rcquirements. I • Distribution Secondary Voltages: - Single Phase, 120/240 volts, 3wire - Single Phase, 240/480 volts, 3wire - 'Three Phase, 120/208 volts, 4 wire, grounded wye - Three Phase, 277/480 volts, 4 wire, grounded wye • Distribution Primary Voltages: - Single Phase, 7,200 volts J O� - Single Phase, 14,400 volts - "Three Phase, 7,200/12,470 volts, 4 wire, grounded wye - "Three Phase, 14,400/24,900 volts, 4 wire, grounded wye • Transmission Voltages: - 69,000 volts, three phase - 115,000 volts, three phase 3.6 Power Converter Systems Reactive power supply requirements for converter systems are similar to those for induction generators, and the general guidelines discussed apply. The City of Seward requires that power converter systems conform to the requirements contained in IEEE Standard 1547 and 1547.1, and that such systems for interconnected generation sources meet the recommended limits for current, voltage, and harmonic distortion contained in IEEE Std. 519, Sections 10 and 11. If the Producer's converter system(s) is found to interfere with the City of Seward electric grid, City of Seward consumers, or other power producers, the Producer may be required to install adequate electrical filtering to bring the voltage and current outputs to acceptable levels. Converters that have been tested and certified by an independent laboratory, such as Underwriters' Laboratories (UL), to be non - islanding, and meet the recommended limits contained in IEEE Std. 519, Sections 10 and 11, may be interconnected to the City of Seward system as -is. For units rated less than 100 kW, it is usually acceptable to have the frequency and voltage protective functions built into the electronics of the converter if the set points of' those functions meet IEEE Std. 1547 criteria, are tamperproof, and can be easily and reliably tested. 4 INTERCONNECTION EQUIPMENT REQUIREMENTS In order to simplify the process for determining the interconnection equipment necessary to operate non - utility generation in parallel with City of Seward's electric system, the City of Seward has developed this section, which outlines the minimum interconnection requirements for each class of Producer -owned facilities. As a minimum, City of Seward requires that all of the Producer's interconnection equipment and facilities meet the requirements contained within IEEE Std. 1547, Part 4.1: General Requirements. r 4.1 Overview of Required Equipment This overview of required equipment and devices provides general descriptions as to the components, including functionality, purpose, and responsibilitids by both the Producer and the City of Seward regarding ownership, installation, and maintenance. Specific requirements for each classification of Producer -owned interconnected generation can be found in Section 5.0: Interconnection Equipment Requirements By Class. ONw • 4.1.1 Metering Requirements For all classifications of parallel generating facilities, City of Seward requires that separate "In -and -Out Metering" be utilized to capture the real power flows (watt - hours) into and out of a Producer's facility. It is the Producer's responsibility to provide, install, and maintain all facilities necessary to accommodate City of Seward metering. The City of Seward shall provide all meters at the Producer's expense. Depending upon the specific application, required metering may also include the following: • VAR -hour metering • Real power (watt) demand metering • Reactive power (VAR) demand metering • Time -of- delivery metering 4.1.2 Interconnection Disconnect Device A City of Seward approved manual disconnect device must be provided as a means of electrically isolating the non - utility generating facility from the City of Seward system, and establishing working clearances for maintenance and repair work in accordance with City of Seward safety rules and practices. This manual disconnect device must be securable and readily accessible by City of Seward personnel, and provide visible verification of disconnection from the City of Seward electric grid. For connections to the City of Seward transmission grid, a tap line switch may also be required if, in City of Seward's judgment, sufficient tap line exposure exists to warrant it. In all cases, unless expressed written permission is provided by the City of Seward, the disconnect device shall be located on the City of Seward side of'the interconnection point. At the Producer's expense, City of" Seward shall install the device and assume ownership and maintenance responsibilities. Only devices specifically approved by City of Seward shall be used. The manual disconnect device must be physically located for ease of' access and visibility to City of Seward personnel. The disconnect device shall be identified with a City of Seward - designated switch number plate. The disconnect device shall not be used by the Producer to make or break parallels between the City of Seward system and the Producer's generator(s). The device enclosure and operating handle (when present) must be kept locked at all times with City of Seward padlocks. Disconnect devices must meet the following minimum physical requirements for approval by the City of Seward: • Must be located near the facility metering; • Must be externally operable without exposing the operator to contact with live parts and, if power - operable, of a type that can be opened by hand in the event of a supply failure; • Must provide a visible -break indication, showing whether in the open or closed position; Io �� �, • Must have ratings not less than the load and fault current to be carried; • For disconnect equipment energized from both sides, a marking shall be provided to indicate that all contacts of the disconnect equipment may be energized; • Must be gang - operated if three- phase; • For outdoor installations, disconnect devices must be weather -proof or designed to withstand exposure to weather, • Must be lockable in both the open and closed positions. 4.1.3 Interconnection Transformer Functionally, the interconnection transformer is no different from any other service transformer, which transforms City of Seward's nominal voltages from one level to another. What distinguishes this device from a standard service transformer is that it must serve to interconnect the Producer's generating facilities to the City of Seward system. Of major concern to the City of Seward is the possibility that adverse power quality or service interruptions may be experienced by City of Seward consumers, which are served by the same transformer that interconnects the Producer's generating facilities. Under certain conditions, the utilization of a dedicated interconnection transformer may be required to limit such adverse conditions. A dedicated transformer, as defined in these guidelines, is one that is dedicated to serving the Producer's facility; no other City of Seward consumers shall be connected on the secondary side of the transformer. T'he purpose of a dedicated transformer is to minimize any adverse impacts to City of Seward consumers, which may result from the parallel operation of Producer -owned facilities. Generally, for smaller installations (Class A and B facilities), a dedicated transformer will not be required. However, this will be evaluated on an individual basis for each Applicant requesting to interconnect to the City of Seward system. For Class C and D facilities, a dedicated transformer will be required in all cases. For these sizes of facilities, there will typically be a dedicated City of Seward transformer in place if the Producer's facility contains existing loads served by City of Seward. Where this is not the case, a dedicated interconnection transformer will need to be installed. The specific conditions under which a dedicated transformer is required are addressed for each class of facilities in this section of the guidelines. Where a dedicated transformer is required to allow the interconnection of the Producer's facility(s), the Producer will be responsible for the associated labor and equipment costs f 4.1.4 Protection and Control Devices Certain protective functions and control equipment are necessary to ensure that both the safety and reliability of the City of Seward system are maintained. While the Producer is responsible for the installation and maintenance of such 1:7A,1 equipment, it should be noted that the required equipment outlined in this section apply only to the protection of the City of Seward system, not the Producer's facilities. Typically, the minimum protective and control equipment requirements for all classifications of Producer -owned facilities are as follows: • Paralleling Device (controlled switchgear and /or circuit breaker) • Anti - Islanding Protective Functions — Overvoltage Protective Relaying — Under - voltage Protective Relaying — Over- frequency Protective Relaying — Under - frequency Protective Relaying • Synchronization Protection: — Synchronous Generators: Automatic Synchronizing with Relay • Supervision — Induction Generators: Speed Matching Relaying — Power Converter Systems: Conform to the requirements of IEEE Standard 1547, Parts 4.1.3 and 5.1.2.C. Due to the impact that larger facilities can have on the City of Seward system, additional requirements can be necessary for such facilities, including but not limited to: • System Fault Protection Functions — Ground Over- current Protective Relaying — Phase -fault Protective Relaying • Transfer Trip Capability • Export Power Control Equipment — Voltage Regulator /Power Factor Controller — Direct Digital Control (City of Seward SCADA Control) — Power System Stabilizer 4.1.5 Telemetry and Monitoring Requirements Telemetry generally involves the communication of measured outputs from the Producer's generating facility to City of Seward. This can include variables such as the status of equipment and controller functions, as well as plant output data (voltage, real and reactive power, power quality, etc.). Typically, variables are transmitted with the aid of a communication channel that permits the measurement to be interpreted at a distance from the primary detector. For smaller facilities, such as Class A and B installations, data telemetry is generally not required. For the larger classifications of facilities (Classes C and D), telemetering of data to include interconnection status, power flows (real and reactive power) and voltage will be required. For specific telemetering requirements, refer to Section 5.0, Interconnection Equipment Requirements by Class. a 011 4.1.6 Operational Data Logging Typically, operational data logs include recorded information on generating unit operations such as the following: • Key operational parameters such as voltage, real and reactive power, frequency, etc.; • Protective equipment operations (circuit breaker trips, protective relay targets, etc.); • Time and nature of communications with City of Seward Power Control Department personnel. 4 For smaller sized facilities, such as Classes A and B, operational data logging is not required, but when such data is available or maintained by the Producer, it shall be provided to the City of Seward upon request. For Class C and D facilities, a seven (7) day digital data logger is required. For specific parameter recording requirements, refer to Section 5.0: Interconnection Equipment Requirements by Class, for Class C and D facilities. 4.1.7 Export Power Control Equipment For cases where the Producer and the City of Seward formulate a Power Purchase i Agreement for export power from the Producer's facility, special control equipment may be necessary depending upon the specific performance terms of the agreement. Generally, special control equipment will not be necessary for relatively smaller generating facilities such as Class A and B facilities. Having larger generating capability and capacity, Class C and D facilities may export substantial amounts of power into the City of Seward distribution system, thus these classes of' facilities may require export power control equipment. This equipment may include Voltage Regulation Control, Power Factor Controllers, and Power System Stabilizers, depending on the specific determination. Refer to the specific requirements for Class C and D under Section 5.0 for further information. 4.1.8 Protection & Control System Testing Conformance In all cases, the Producer's protective relays and controls systems associated with the interconnection shall adhere to the requirements contained in IEI?E Std. 1547.1 To allow performance and verification of functional testing as required, these � systems shall have accessible sensing inputs or testing terminal blocks, or acceptable equivalents as determined by the City of Seward. 11 5 Interconnection Equipment Requirements By Class 5.1 Equipment Requirements - Class A Facilities 5.1.1 Application of Minimum Requirements — Class A Facilities This portion of the Interconnection Guidelines addresses the general minimum interconnection equipment necessary for Class A generating facilities. Specific requirements for each individual proposed facility may vary, depending on factors such as the location of the interconnection, the number and proximity of adjacent City of Seward consumers, and the characteristics of the facility proposing to interconnect to the City of Seward system. City of Seward has developed these minimum requirements based on the following assumptions as to the nature of the electric system at the point of interconnection, and the utilization of the Producer 's energy: • The total non - utility generating capability (kVA), singular or aggregate, on the interconnecting City of Seward feeder is less than 10 percent of the averaged annual hourly peak demand (kVA) for that feeder. • Interconnections to the City of Seward distribution system are typically made at City of Seward's standard secondary voltages on individual secondary circuits. • The Producers' generation is generally sized to meet all or a portion of the Producer's load at the point of interconnection. • Class A installations are assumed to connect only to single -phase portions of the City of Seward system. Where proposed interconnections fall outside of the above parameters, modifications to the minimum requirements may be necessary in order to maintain the safety, reliability, and operational performance of the City of Seward system. 5.1.2 Metering Requirements — Class A Facilities In general, City of Seward only requires in /out watt -hour metering for Class A facilities. Metering facilities shall be installed per the City of Seward's metering requirements. 5.1.3 Interconnection Disconnect Device — Class A Facilities An approved manual disconnect device is required for all Class A installations (Refer to Section 5.0: Interconnection Disconnect Device) 5.1.4 Interconnection Transformer — Class A Facilities Generally, for Class A installations, a dedicated transformer for interconnecting the Producer's facility is not required. However, under certain conditions the utilization of a dedicated transformer may be required. Examples of such conditions would include the following: , 9� • The Producer's total rated generating capability is at or above the rating of the existing City of Seward transformer serving the Producer's f acilities. • The Producer's electrical system characteristics differ from City of Seward's standard distribution voltages and configurations (Refer to Subsection 3.5: Standard System Voltages). • The Producer's facility adversely impacts the quality of power delivered to li adjacent City of Seward secondary distribution system consumers (Refer to Section 6.0: Interconnected Operating Requirements). Where the installation of a dedicated transformer is required, the Producer will be responsible for all labor and material costs associated with.the installation. 5.1.5 Protection and Control Devices — Class A Facilities The general interconnection protective and control requirements for Class A installations are as follows: 1. Paralleling Device • A City of Seward - approved circuit breaker is required to allow separation of the Producer's generation from the City of Seward system during fault conditions. • This device must be capable of withstanding 220% of the City of Seward system voltage at the point of interconnection must have sufficient interrupting capacity to interrupt the maximum available fault current at its location, and be locked out when operated by the protective relays required for interconnection. Ii 2. Over /Under Voltage Protection The Producer's overvoltage and undervoltage interconnection protective functions shall detect voltage at the point of interconnection, and shall open the paralleling device within the times specified in the table below, if the voltage is within the stated ranges. Voltage Range [V] (% of nominal voltage) Maximum Clearing Time (seconds) V < 50% 0.16 50%:5 V < 88% 2.00 110% < V < 120% 1.00 V ? 120% 0.16 3. Over /Under Frequency Protection The Producer's over - frequency and under - frequency interconnection protective functions shall open the paralleling device within the times specified in the table below, if the frequency is within the stated ranges. Frequency Range [f] (Hz) Maximum Clearing Time (seconds) f > 60.5 0.16 f < 59.5 0.16 1 4. Synchronization Protection �� For parallel operation, the Producer's facilities shall meet the requirements pertaining to synchronization specified within IEEE Std. 1547, Parts 4.13 and 5.1.2. Specific equipment requirements are as follows: • Synchronous Generator Interconnection Synchronous generators operated in parallel with the City of Seward electric system are required to have automatic relay supervision to verify synchronism for permissive closure of the interconnection circuit breaker. Manual synchronizing systems are not approved for interconnected operation with the City of Seward system. • Induction Generator Interconnection • Due to the `slip' inherent to induction generators, synchronous operation cannot be precisely maintained when operating in parallel with the City of Seward system. "Therefore, City of Seward requires that speed- matching relaying be utilized, set to permit breaker (or contactor) closing when generator speed is maintained above 95 percent of the City of Seward system synchronous speed at the point of interconnection. • Power Converter Interconnection Power converter systems that produce a fundamental voltage before the paralleling device is closed are capable of stand -alone operation, thus shall be tested to meet the requirements as outlined in IEEE, Std, 1547, Part 5.1.2.A. All other power converter based systems shall meet the requirements contained in IEEE 1547, Part 5.120. 5. Ground Fault Protection In general, Class A facilities may interconnect to the City of Seward system without the provision of ground fault protection to limit contributions to ground faults on the City of Seward system. However, in accordance with IEEE 1547, Part 4.2.1, the Producer's interconnection equipment must be demonstrated to cease energization of, and disconnect from the City of Seward system under fault conditions. 5.1.6 Telemetry and Monitoring — Class A Facilities 1. Telemetry "I ypically, Class A facilities will not be required to provide telemetry capability in order to interconnect with the City of Seward system. 2. Monitoring Typically, City of Seward will not require power quality monitoring for Class A facilities. However, where City of Seward determines that there is either a potential or an indication that the output from the Producer's facility can adversely affect the standard performance of the City of Seward electric system, or the quality of power delivered to City of Seward consumers, power quality monitoring will be required. 5.1.7 Operational Data Logging — Class A Facilities For Class A facilities, City of Seward generally will not require the installation of operational data logging equipment. However, as available or maintained by the Producer, such logs will be made available to City of Seward upon request. 5.1.8 Export Power Control Equipment — Class A Facilities Generally, for Class A facilities, control equipment for export power is not required. In certain cases, depending upon the specific contractual agreement between City of Seward and the Producer, additional control equipment may be necessary to control the amount and quality of export power. Such cases will be reviewed on an individual basis. 5.2 Equipment Requirements - Class B Facilities 5.2.1 Application of Minimum Requirements — Class B Facilities. This portion of the Interconnection Guidelines addresses the general minimum interconnection equipment necessary for Class 13 generating facilities. Specific requirements for each individual proposed facility may vary, depending on factors such as the location of the interconnection, the number and proximity of adjacent City of Seward consumers, and the characteristics of the facility proposing to interconnect to the City of Seward system. City of Seward has developed these minimum requirements based on the following assumptions as to the nature of the electric system at the point of interconnection, and the utilization ofthe Producer's energy: • The total non- utility generating capability (kVA), singular or aggregate, on the interconnecting City of Seward feeder is less than 15 percent of the averaged annual hourly peak demand (kVA) for that feeder. • The Producer's generation is generally sized to meet all or a portion of the�� Producer's load at the point of interconnection. • Interconnections to the City of Seward distribution system are typically made at City of Seward's standard secondary voltages on individual secondary circuits. Where proposed interconnections fall outside of the above parameters, modifications to the minimum requirements may be necessary in order to maintain the safety, reliability, and operational performance of the City of Seward system. 5.2.2 Metering Requirements — Class B Facilities In general, City of Seward only requires in /out watt-hour metering for Class B facilities. Additional metering requirements will depend on the specifics of the contractual agreements between City of Seward and the Producer. 5.2.3 Interconnection Disconnect Device — Class B Facilities An approved manual disconnect device is required for all Class B installations (Refer to Subsection 4.1.2: Interconnection Disconnect Device) 5.2.4 Interconnection Transformer — Class B Facilities Generally, for Class B installations, a dedicated transformer for interconnecting the Producer's facility is not required. However, under certain conditions the utilization of a dedicated transformer may be required. Examples of such conditions would include the following: • The Producer's total rated generating capability is at or above the rating of the existing City of Seward transformer serving the Producer's facilities. • The Producer's electrical system characteristics differ from City of Seward's standard distribution voltages and configurations (Refer to Subsection 3.5: Standard System Voltages). • The Producer's facility adversely impacts the quality of power delivered to adjacent City of Seward secondary distribution system consumers (Refer to Section 4.1.2: Interconnected Operating Requirements). Where the installation of a dedicated transformer is required, the Producer will be responsible for all labor and material costs associated with the installation. 5.2.5 Protection and Control Devices — Class B Facilities The general interconnection protective and control requirements for Class 13 installations are as follows: 1. Paralleling Device • A City of Seward approved circuit breaker is required to allow separation of the Producer's generation from the City of Seward system during fault conditions. • This device must be capable of withstanding 220% of the City of Seward system voltage at the point of interconnection, must have sufficient interrupting capacity to interrupt the maximum available fault current at its location, and be locked out when operated by the protective relays required for interconnection. 2. Over /Under Voltage Protection The Producer's overvoltage and under - voltage interconnection protective functions shall detect voltage at the point of interconnection, and shall open the paralleling device within the times specified in the table below, if the voltage is within the stated ranges. Voltage Range [V] (% of nominal voltage) Maximum Clearing Time (seconds) V < 50% 0.16 50%:5 V < 88% 2.00 110% < V < 120% 1.00 V >_ 120% 0.16 3. Over /Under Frequency Protection The Producer's over - frequency and under - frequency interconnection protective functions shall open the paralleling device within the times specified in the table below, if the frequency is within the stated ranges. I• Generator Base Raiting Frequency Range [f] (Hz) Maximum Clearing Time (seconds) _530 kW f >60.5 0.16 f < 59.5 0.16 > 30 kW f > 60.5 0.16 f < {59.8 -57} Adjustable 0.16 - 300 f < 59.5 0.16 4. Synchronization Protection For parallel operation, the Producer's facilities shall meet the requirements pertaining to synchronization specified within IEEE, Std. 1547, Parts 4.1.3 and 5.1.2. Specific equipment requirements are as follows: • Synchronous Generator Interconnection - Synchronous generators operated in parallel with the City of Seward electri6 system are required to have automatic relay supervision to verify synchronism for permissive closure of the interconnection circuit breaker. Manual synchronizing systems are not approved for interconnected operation with the City of i Seward system. • Induction Generator Interconnection - Due to the "slip" inherent to induction generators, synchronous operation cannot be precisely maintained when operating in parallel with the City of Seward system. Therefore, City of Seward requires that speed - matching relaying be utilized, set to permit breaker (or contactor) closing when generator speed is maintained above 95 percent of the City of Seward system synchronous speed at the point of interconnection. • Power Converter Interconnection - Power converter systems that produce a fundamental voltage before the paralleling device is closed are capable of stand -alone operation, thus shall be tested to meet the requirements as outlined in IEEE Std. 1547, Part 5.1.2.A. All other power converter based systems shall meet the requirements contained in IEEE 1547, Part 5.1.2.C. 5. Ground Fault Protection In general, Class B facilities with a total generating capability less than 40 kVA may interconnect to the City of Seward system without the provision of ground fault protection to limit contributions to ground faults on the City of Seward system. However, in accordance with IEEE, 1547, Part 4.2.1, the Producer's interconnection equipment must be demonstrated to cease energization of the City of Seward system to which it is connected under fault conditions on the City of Seward system. Class B facilities with a total generating capability greater that 40 kVA may be required to provide ground fault protection, depending upon the possible fault current contribution from the Producer's facilities to City of Seward system ground faults. The requirement will be determined on an individual basis by City of Seward. 1 1 s 5.2.6 Telemetry and Monitoring — Class 13 Facilities L "Telemetry Typically, Class B facilities will not be required to provide telemetry capability in order to interconnect with the City of Seward system. 2. Monitoring Generally, City of Seward will not require power quality monitoring for Class B facilities. However, where City of Seward determines that there is either a potential or an indication that the output from the Producer's facility can adversely affect the standard performance of the City of Seward electric system, or the quality of power delivered to City of Seward consumers, power quality monitoring will be required. 5.2.7 Operational Data Logging — Class B Facilities For Class B facilities, City of Seward generally will not require the installation of operational data logging equipment. Ilowever, as available or maintained by the Producer, such logs will be made available to City of Seward upon request. 5.2.8 Export Power Control Equipment — Class B Facilities Generally for Class B facilities, control equipment for export power is not required. In certain cases, depending upon the specific contractual agreement between City of Seward and the Producer, additional control equipment may be necessary to control the amount and quality of export power. Such cases will be reviewed on an individual basis. 5.3 Equipment Requirements - Class C Facilities 5.3.1 Application of Minimum Requirements — Class C Facilities This portion of the Interconnection Guidelines addresses the general minimum interconnection equipment necessary for Class C generating facilities. Specific requirements for each individual proposed facility may vary, depending on factors such as the location of the interconnection, the number and proximity of adjacent City of Seward consumers, and the characteristics of the facility proposing to interconnect to the City of Seward system. • City of Seward has developed these minimum requirements based on the following assumptions as to the nature of the electric system at the point of interconnection, and the utilization of the Producer's energy: • The total non - utility generating capability (kVA), singular or aggregate, on the interconnecting City of Seward feeder is less that 20 percent of the averaged annual hourly peak demand (kVA) for that feeder. • The Producer's generation is generally sized to meet all or a portion of the Producer's load at the point of interconnection. • Interconnections to the City of Seward distribution system are typically made at City of Seward's standard secondary voltages on individual secondary circuits. Where proposed interconnections fall outside of the above parameters, modifications to the minimum requirements may be necessary in order to maintain the safety, reliability, and operational performance of the City of Seward system. 5.3.2 Metering Requirements — Class C Facilities h1 general, the minimum required City of Seward metering for Class C facilities is in/out watt -hour metering. Additional metering requirements, such as reactive power energy metering (VAr- hour), real or reactive power demand metering, or time -of- delivery metering will depend on the specifics of the contractual agreements between City of Seward and the Producer. 5.3.3 Interconnection Disconnect Device — Class C Facilities An approved manual disconnect device is required for all Class C installations (Refer to Subsection 4.1.2: Interconnection Disconnect Deice). 5.3.4 Interconnection Transformer — Class C Facilities City of Seward requires that a dedicated transformer be utilized to interconnect all �R Class C installations with the City of Seward system. In cases where an existing City of Seward transformer serves the Producer at the proposed interconnection point, that transformer may serve as the dedicated transformer, provided the following conditions are met: • The Producer's maximum generating capacity (kVA) does not exceed the nominal rating of the transformer. • No other City of Seward consumers are served by the existing transformer. Where the installation of a dedicated transformer is required, the Producer will be responsible for all associated labor and material costs. 5.3.5 Protection and Control Devices — Class C Facilities The general interconnection protective and control requirements for Class C installations are as follows: 1. Paralleling Device • A City of Seward approved circuit breaker is required to allow separation of the Producer's generation from the City of Seward system during fault conditions. • This device must be capable of withstanding 220% of the City of Seward system voltage at the point of interconnection, must have sufficient interrupting capacity to interrupt the maximum available fault current at its location, and be locked out when operated by the protective relays required for interconnection. 2. Over /Under Voltage Protection The Producer's overvoltage and undervoltage interconnection protective functions shall detect voltage at the point of interconnection, and shall open the paralleling I C\ device within the times specified in the table below, if the voltage is within the stated ranges. Voltage Range [V] (% of nominal voltage) Maximum Clearing Time (seconds) V < 50% 0.16 50%:5 V < 88% 2.00 110% < V < 120% 1.00 V >_ 120% 0.16 3. Over /Under Frequency Protection The Producer's over- frequency and under - frequency interconnection protective functions shall open the paralleling device within the times specified in the table below, if the frequency is within the stated ranges. Frequency Range [fj (Hz) Maximum Clearing Time (seconds) f > 60.5 0.16 f < {59.8 -57} Adjustable 0.16 - 300 f <57 0.16 4. Synchronization Protection For parallel operation, the Producer's facilities shall meet the requirements pertaining to synchronization specified within IEEE Std. 1547, Parts 4.1.3 and 5.1.2. Specific equipment requirements are as follows: • Synchronous Generator Interconnection - Synchronous generators operated in parallel with the City of Seward electric grid are required to have automatic relay supervision to verify synchronism for permissive closure of the interconnection circuit breaker. Manual synchronizing systems are not approved for interconnected operation with the City of Seward system. • Induction Generator Interconnection - Due to the "slip" inherent to induction generators, synchronous operation cannot be precisely maintained when operating in parallel with the City of Seward system. "therefore, City of' Seward requires that speed- matching relaying be utilized, set to permit breaker (or contactor) closing when generator speed is maintained above 95 percent of the City of Seward system synchronous speed at the point of interconnection • Power Converter Interconnection - Power converter systems that produce a fundamental voltage before the paralleling device is closed are capable of stand -alone operation, thus shall be tested to meet the requirements as outlined in IEEE Std. 1547, Part 5.1.2.A. All other power i converter based systems shall meet the requirements contained in IEEE 1547, Part 5.1.2.C. 5. Ground Fault Protection Ground Fault Protection is required for all Class C facilities. This protection senses phase -to- ground faults on the City of Seward system and initiates tripping 6o� of the interconnection circuit breaker in order to prohibit continuous contribution to such faults from the Producer's facilities. The Producer shall provide an appropriate ground fault protection scheme and coordinate with City of Seward on trip settings. Prior to authorization for interconnected operation, City of Seward shall review and approve the ground fault protection scheme and trip settings. 6. Phase -Fault Protection Phase -Fault Protection is required for all Class C facilities. This protection senses phase -to -phase or three -phase faults on the City of Seward system and initiates tripping of the interconnection circuit breaker in order to prohibit continuous contribution to such faults from the Producer's facilities. Voltage- restrained over - current relaying, or impedance relaying, is required for phase -fault protection. Prior to authorization for interconnected operation, City of Seward shall review and approve the phase -fault protection scheme and trip settings. 5.3.6 Telemetry and Monitoring— Class C Facilities 1. Telemetry Typically, Class C facilities will not be required to provide telemetry capability in order to interconnect with the City of Seward system. However, depending upon the specific installation characteristics and contractual agreements, such capability may be required. All cases will be reviewed on an individual basis by City of Seward. 2. Monitoring Power quality monitoring will be required in cases where City of Seward determines that there is either a potential or an indication that the output from the Producer's facility can adversely affect the standard performance of the City of Seward electric system or the quality of power delivered to City of Seward consumers. Depending upon the specific requirements, the monitoring system may be required to detect and record such disturbances as waveform distortions, electrical noise, voltage sags or swells, frequency deviations, and harmonic distortions. The requirement for power quality monitoring will be determined by City of Seward on an individual basis. 5.3.7 Operational Data Logging — Class C Facilities All Class C generating facilities are required to have and maintain a seven (7) day digital data logger which records volts, watts, VArs, frequency, and the status of key system informational elements, including relay targets and interconnection circuit breaker trip operations. The data logger shall provide a standard time�� stamp for tracked variables, including date and time of day (IIH:MM:SS). City of Seward shall have the right to review these logs, especially in analyzing system disturbances. 1 0--,---) 5.3.8 Export Power Control Equipment — Class C Facilities For cases where the Producer and City of' Seward formulate a Power Purchase Agreement, the following equipment may be necessary in accordance with the terms of the specific contract; 1. Voltage Regulator /Power Factor Controller The Producer may be required to utilize either an approved voltage regulator or power factor controller in order to control voltage within specified limits. Where a voltage regulator is utilized for this purpose, it must be capable of maintaining the nominal City of Seward interconnection point voltage under steady -state conditions, without hunting, and within ±0.5 percent of the required set point (as directed by City of Seward). Where a power factor controller is utilized, it must be capable of maintaining the power factor setting within ±1.0 percent, at full load, at any point between 90 percent lagging and 95 percent leading. For export power to the City of' Seward distribution system, a power factor of 1.0 is generally preferred. The Producer's generation may be required to follow a City of Seward specified voltage or VAr schedule on an hourly, daily, or seasonal rbasis depending on the specific terms of the power purchase contract. The Producer shall coordinate with City of Seward Power Control Center for specific operational instructions and issues. 2. Direct Digital Control Direct digital control (supervisory control) of unit output from City of Seward's Power Control Center may be required if the unit is to be dispatchable by City of Seward under agreement. 3. Power System Stabilizer A power system stabilizer (PSS) control system may be required to provide necessary stability to the electrical system when system power oscillations occur. The necessity of a PSS will depend on the generator capacity and characteristics, the location of the interconnection to the City of Seward system, and the system voltage level at the point of interconnection. 5.4 Equipment Requirements - Class D Facilities 5.4.1 Application of Minimum Requirements — Class D Facilities This portion of the Interconnection Guidelines addresses the general minimum interconnection equipment necessary for Class D generating facilities. Specific requirements for each individual proposed facility may vary, depending on factors such as the location of the interconnection, the number and proximity of adjacent City of Seward consumers, and the characteristics of the facility proposing to interconnect to the City of Seward system. iaA City of Seward has developed these minimum requirements based on the following assumptions as to the nature of the electric system at the point of interconnection and the utilization of the Producer's energy: • The total non - utility generating capability (kVA), singular or aggregate, on the interconnecting City of Seward feeder is less that 25 percent of the averaged annual hourly peak demand (kVA) for that feeder. • The Producer's generation is generally sized to meet all or a portion of the Producer's load at the point of interconnection. • Interconnections to the City of Seward distribution system are typically made at City of Seward's standard distribution primary voltages of 7.2/12.47 kV or 14.4/24.94 kV. Where proposed interconnections fall outside of the above parameters, modifications to the minimum requirements may be necessary in order to maintain the safety, reliability, and operational performance of the City of Seward system. 5.4.2 Metering Requirements — Class D Facilities In general, the minimum required City of Seward metering for Class D facilities is in /out watt -hour metering. Additional metering requirements, such as reactive power energy metering (VAr- hour), real or reactive power demand metering, or time of delivery metering will depend on the specifics of any contractual agreements between City of Seward and the Producer. 5.4.3 Interconnection Disconnect Device — Class D Facilities An approved manual disconnect device is required for all Class D installations (Refer to Subsection 4.1.2: Interconnection Disconnect Device.). 5.4.4 Interconnection Transformer —Class D Facilities City of Seward requires that a dedicated transformer be utilized to interconnect all Class D installations with the City of Seward system. For cases where an existing City of Seward transformer serves the Producer at the proposed interconnection point, that transformer may serve as the dedicated transformer, provided the following conditions are met: • The Producer's maximum generating capacity (kVA) does not exceed the nominal rating of the transformer. • No other City of Seward consumers are served by the existing transformer. Where the installation of a dedicated transformer is required, the Producer will be responsible for all associated labor and material costs. 5.4.5 Protection and Control Devices — Class D Facilities The general interconnection protection and control requirements for Class D installations are as follows: 1. Paralleling Device • A City of Seward approved circuit breaker is required to allow separation of the Producer's generation from the City of Seward system during fault conditions. o _ lg • This device must be capable of withstanding 220% of the City of Seward system voltage at the point of interconnection, must have sufficient interrupting capacity to interrupt the maximum available fault current at its location, and be locked out when operated by the protective relays required for interconnection. 2. Over /Under Voltage Protection The Producer's overvoltage and under - voltage interconnection protective functions shall detect voltage at the point of interconnection, and shall open the paralleling device within the times specified in the table below, if the voltage is within the stated ranges. Voltage Range [V] (% of nominal voltage) Maximum Clearing Time (seconds) V < 50% 0.16 50%!5 V < 88% 2.00 110% < V < 120% 1.00 V >_ 120% 0.16 3. Over /Under Frequency Protection The Producer's over - frequency and under - frequency interconnection protective functions shall open the paralleling device within the times specified in the table below, if the frequency is within the stated ranges. Frequency Range [1] (Hz) Maximum Clearing Time (seconds) f> 60.5 0.16 f < {59.8 -57} Adjustable 0.16 - 300 f < 57 0.16 4. Synchronization Protection For parallel operation, the Producer's facilities shall meet the requirements pertaining to synchronization specified within IEEE Std. 1547, Parts 4.1.3 and 5.1.2. Specific equipment requirements are as follows: • Synchronous Generator Interconnections - Synchronous generators operated in parallel with the City of Seward electric grid are required to have automatic relay supervision to verify synchronism for permissive closure of the interconnection circuit beaker. Manual synchronizing systems are not approved for interconnected operation with the City of Seward system. • Induction Generator Interconnection - Due to the "slip" inherent to induction generators, synchronous operation cannot be precisely maintained when operating in parallel with the City of Seward system. Therefore, City of Seward requires that speed - matching relaying be utilized, set to permit breaker (or contactor) closing when generator speed is maintained above 95 percent of the City of Seward system synchronous speed at the point of interconnection. • Power Converter Interconnection - Power converter systems that produce a fundamental voltage before the paralleling device is closed are 06 capable of stand -alone operation, thus shall be tested to meet the requirements as outlined in IEEE Std. 1547, Part 5.1.2.A. All other power converter based systems shall meet the requirements contained in IEEE 1547, Part 5.1.2.C. 5. Ground Fault Protection Ground Fault Protection is required for all Class D facilities. This protection senses phase -to- ground faults on the City of Seward system and initiates tripping of the interconnection circuit breaker in order to prohibit continuous contribution to such faults from the Producer's facilities. The Producer shall provide an appropriate ground fault protection scheme and coordinate with City of Seward on trip settings. Prior to authorization for interconnected operation, City of Seward shall review and approve the ground fault protection scheme and trip settings. 6. Phase -Fault Protection Phase -Fault Protection is required for all Class D facilities. This protection senses phase -to -phase or three -phase faults on the City of Seward system and initiates tripping of the interconnection circuit breaker in order to prohibit continuous contribution to such faults from the Producer's facilities. Voltage - restrained over - current relaying or impedance relaying is required for phase -fault protection. Prior to authorization for interconnected operation, City of Seward shall review and approve the phase -fault protection scheme and trip settings. 7. Transfer "Trip Capability Transfer trip capability is required to allow City of Seward system protection to disconnect the Producer's facility in order to ensure that City of Seward system protection operates properly during system faults or disturbances. The Producer shall provide a dedicated, isolated voice grade fiber -optic communications circuit for this purpose. 5.4.6 Telemetry and Monitoring — Class D Facilities 1. Telemetry �I All Class D facilities are required to have equipment to continuously telemeter data to the City of Seward Power Control Center via approved data communications lines provided by the Producer. Telemetering of generation and transmission data is required to enable the system dispatchers to continually monitor the power system from City of Seward 's Power Control Center. As a minimum, the following data and measurements shall be telemetered to City of Seward: • Energy Flows (kWh) • Real Power Flows (kW) • Reactive Power Flows (kVAr) • Voltage at Point of Interconnection • Paralleling Device (Interconnection circuit breaker) status toy i o 2. Monitoring Power quality monitoring will be required in cases where City of Seward it determines that there is either a potential or an indication that the output from the Producer's facility can adversely affect the standard performance of the City of Seward electric system or the quality of power delivered to City of Seward consumers. Depending upon the specific requirements, the monitoring system may be required to detect and record such disturbances as waveform distortions, electrical noise, voltage sags or swells, frequency deviations, and harmonic distortions. The requirements for power quality monitoring will be determined by City of Seward on an individual basis. 5.4.7 Operational Data Logging — Class D Facilities All Class D generating facilities are required to have and maintain a seven (7) day digital data logger which records volts, watts, VArs, frequency, and the status of key system elements, including the interconnection circuit breaker status operations and relay targets. The data logger shall provide a standard time stamp for tracked variables, including date and time of day _(HH:MM:SS). City of Seward shall have the right to review these logs, especially in analyzing system disturbances. 5.4.8 Export Power Control Equipment — Class D Facilities For cases where the Producer and City of Seward formulate a Power Purchase Agreement, the following equipment may be necessary in accordance with the terms of the specific contract: 1. Voltage Regulator /Power Factor Controller The Producer may be required to utilize either an approved voltage regulator or power factor controller in order to control voltage within specified limits. Where a voltage regulator is utilized for this purpose, it must be capable of maintaining the nominal City of Seward interconnection point voltage under steady -state conditions, without hunting, and within ±0.5 percent of the required set point (as directed by City of Seward). Where a power factor controller is utilized, it must be capable of maintaining the �{ i power factor setting within ±1.0 percent, at full load, at any point between 90 percent lagging and 95 percent leading. For export power to the City of' Seward distribution system, a power factor of 1.0 is generally preferred. The generator may be required to follow a City of Seward specified voltage or VAr schedule on an hourly, daily, or seasonal basis depending on the specific terms of the power purchase contract. The Producer shall coordinate with City of Seward Power Control Center for specific operational instructions and issues. 2. Direct Digital Control `U0 Direct digital control (supervisory control) of unit output from City of Seward's Power Control Center may be required if the unit is to be dispatchable by City of Seward under agreement. �I 3. Power System Stabilizer A Powcr System Stabilizer (PSS) control system may be required to provide necessary stability to the electrical system when system power oscillations occur. The necessity of a PSS will depend on the generator capacity and characteristics, the location of the interconnection to the City of Seward system, and the system voltage level at the point of interconnection. 5.5 Voice and Data Communications The capability to make direct verbal communications via telephone with the Producer or the operator of Producer's facility is required for all facility classifications. Voice communications must be provided so that operating instructions or notification of system conditions can be given to the Producer or any designated operator of the Producer's equipment as necessary. Accordingly, the Producer is required to provide a 24 -hour accessible voice contact telephone number to City of Seward. For larger classifications of facilities, data communications capability is required so that electronic data and /or operating instructions can be transferred between City of Seward and the Producer's facility as necessary. f 5.6 Producer -Owned Electrical Distribution Systems If the Producer owns, maintains, or constructs a primary electrical distribution or transmission system tap line (operated 7.2 kV and above), then, at the expense of the Producer, City of Seward shall install, own, and maintain the following equipment at the tap point: • Fault interruption protection device(s) • Manual isolating disconnect(s), • Metering installations • Supervisory control equipment (as required) 6 INTERCONNECTED OPERATING REQUIREMENTS The general operating requirements and criteria contained in this section apply to all non - utility generation facilities interconnected to the City of Seward electric system. Any Producer operating outside of these requirements, unless provided expressed permission by City of Seward, will not be permitted to operate in parallel with City of Seward and will be responsible for any and all remediation actions and associated costs prior to gaining approval for parallel �I operation. The consequences for failing to meet any of these requirements are immediate disconnection and payment of all associated costs. 6.1 Approval for Parallel Operation The Producer may not commence parallel operation of generation facilities without final written approval from City of Seward. City of Seward reserves the right to inspect, test, or perform witness testing of the Producer's equipment or devices associated with the interconnection. 6.2 Discontinuance of Parallel Operation The Producer shall discontinue parallel operation when requested by City of Seward: • To facilitate maintenance, test, or repair of utility facilities; • During system emergencies; When the Producer's generating equipment is interfering with City of Seward consumers and /or other power producers connected to the City of Seward electric grid; • When an inspection of the Producer's generating equipment reveals either a lack of adequate equipment maintenance necessary to protect the City of' Seward electric grid or conditions that could be hazardous to the City of Seward system. 6.3 Islanded Operation Unless provided expressed approval by City of' Seward, non - utility generators arc not allowed to operate in an islanded mode with any portion of the City of Seward electric grid. Once the City of Seward circuit(s) connecting the Producer's generating facility is de- energized, for any reason, the Producer shall disconnect from the City of' Seward electric grid and will not be permitted to reconnect to it until City of' Seward has re- energized its system. 6.4 Voltage Requirements 6.4.1 Voltage Levels & Fluctuations Per IEEI_; Std. 1547, Parts 4.1 and 4.2, the Producer's voltage (at the point of interconnection) and interconnection equipment shall adhere to the ratings and recommendations contained in the current American National Standards Institute (ANSI) C84.1 Standard. When operating in parallel with the City of Seward system, the Producer's voltage must be maintained within ±5 percent of the standard City of Seward system voltage at the point of interconnection. Voltage fluctuations may be noticeable as visual lighting variations (flicker) and can damage to, or disrupt the operation of electronic equipment. The Producer shall adhere to the requirements of IEEE Std. 1547, Part 4.3 regarding power quality. 6.4.2 Voltage Regulation and Reactive Power Requirements Operation of the Producer's generator must not adversely affect the voltage regulation of the City of Seward electric grid. Per IEEE Std. 1547, Part 4.1.1, the Producer shall not actively regulate City of Seward system voltage at the point of M) interconnection, and shall not cause City of' Seward system voltage to deviate from the requirements within ANSI C84.1, Range A. For synchronous generators, sufficient generator reactive power capability shall be provided to withstand normal voltage changes on the City of Seward system. The generator reactive power requirements, voltage regulation, and transformer ratio settings will be jointly determined by City of Seward and the Producer to ensure intersystem coordinating and operating capability. Producers are required to provide their own reactive power requirements in order to generate within the specified power factor range. The parallel operation of the Producer's generating equipment with the City of Seward system will not, under any circumstance, be permitted to cause any reduction in the quality of service being provided to City of Seward consumers. 6.5 Generator Droop Requirements Governor characteristics shall be set to provide a 5 percent droop characteristic (a 0.15 1Iz change in the generator speed will cause a 5 percent change in the generator load). Governors must be operated unrestrained to ensure that droop will not exceed 5% and that system frequency is properly regulated. 6.6 Harmonics Harmonic distortion is defined as the ratio of the root mean square (rms) value of the harmonic to the rms value of the fundamental voltage or current (refer to IE,"I? Standard 519). Distortion of the harmonic content of voltage and /or current waveforms can cause telecommunication interference, disable solid -state equipment,, overheat transformers, and create resonant over - voltages. In order to protect City of Seward equipment and consumers from damage, harmonics must be maintained within acceptable limits. The Producer shall not exceed the current harmonic limits contained in IEEE Std. 1547, Part 4.3.3. In addition, the Producer shall not produce voltage distortion in excess of the limits specified in IEEE Std. 519, Section 11.5. City of Seward advises that the Producer consider and account for harmonics in the early stages of facility planning and design. If excessive harmonic distortion is suspected, voltage and current distortion measurements will be performed to determine whether the Producer's equipment is a source of, or contributor to, excessive distortion. If the Producer's facility is found to be the source of excessive harmonic distortion, the Producer will be billed for the investigation costs, and will be held responsible for corrective action to bring the harmonic content within the referenced limits. 6.7 Power Factor Requirements City of Seward requires that all interconnected non - utility generation maintain power factors within the range of 0.95 lagging (supplying reactive volt- amperes) and 0.95 leading (absorbing reactive volt- amperes) at the point of interconnection. Generators operating with power factors outside of this range limit may be subject to reactive power supply charges, unless specific provisions are made in the interconnection agreement. III Generally, Producers are responsible for providing reactive power necessary to maintain power factors within the specified range when operating in parallel with the City of Seward electric grid. In certain cases, Producers may contract with City of Seward for the provision of ancillary services for reactive power support in order to maintain operation within the specified limits. 6.8 Coordination with the City of Seward Protective System The proper coordination of the Producer's interconnection protective functions with the City of Seward protection system is of critical importance to the safety and reliability of the electrical supply grid. Accordingly, parallel operation will not be authorized or M allowed until all required interconnection protective functions and settings have been reviewed and approved by City of Seward, and properly coordinated with the City of Seward protective system. Specifics on required protective functions and settings can be found in Section 4.0: Interconnection Equipment Requirements. Because most short circuits (faults) on overhead lines are of a temporary nature, City of Seward employs the use of automatic circuit reclosers (ACR) to automatically reclose circuit breakers on faulted lines one or more times within a few electrical cycles after they have tripped. This practice improves the continuity of service to City of Seward consumers by allowing temporary faults to clear before primary protective devices operate to de- energize all or portions of the circuit. The protective relays specified by City of Seward for parallel generation interf - aces are intended to disconnect the Producer's generation from faulted or isolated lines before reclosing occurs. t To ensure that the City of Seward protection system operates properly, the Producer's protective equipment shall be set to sense City of Seward system fault conditions and discontinue parallel operation with City of Seward before City of Seward automatic circuit reclosing occurs. The Producer shall not resume parallel operation until. • A period of five (5) minutes has transpired following the initial sensing of a fault condition, or, • City of Seward provides authorization to resume parallel operation. 6.9 Maintenance & Testing 6.9.1 Interconnection Equipment Maintenance The Producer shall maintain its interconnection and interface equipment in good order. City of Seward reserves the right to inspect all such equipment at any time. City of Seward also reserves the right to inspect the Producer's facilities whenever it appears that the Producer is operating in a manner unacceptable or hazardous to the integrity of the City of Seward system, or outside of the operating limits specified in these guidelines or contained in the Agreement for Interconnection. The Producer is responsible for ensuring and maintaining the safe, proper operational condition of all interconnection equipment located on the Producer's side of the interconnection. Maintenance records, procedures, and results shall be made available for City of Seward's review and records as required. Depending l k-k upon the characteristics and utility of the facility, City of Seward may elect to observe and inspect maintenance work in order to assure the safety and integrity of the interconnection. For larger generation installations, such as Classes C and D, specific scheduling and interval requirements for interconnection equipment maintenance may be formulated within the Agreement for Interconnection. Such requirements may be based on equipment duty, number of operations, ambient conditions, etc. The Producer must coordinate and schedule maintenance on interconnection equipment with City of Seward to ensure the safety of City of Seward personnel and to minimize the disruption of electric service to City of Seward consumers. 6.9.2 Protective Systems Functional Testing The Producer's facilities shall meet the testing criteria contained in Std. � 1547.1 "IEEE Standard Conformance Test Procedures for Equipment Interconnecting Distributed Resources with Electric Power Systems', and the Producer shall grant City of Seward the right to observe functional testing of the Producer's facilities. Periodic functional testing of protective equipment (i.e., circuit breakers, switches, disconnect devices, protective relaying, etc.) shall be defined and coordinated with City of Seward within the Agreement for Interconnection between City of Seward and the Producer. Generally, functional testing of protective relay settings and interconnection circuit breaker operations shall be performed by the Producer every three (3) years. Documented test results must be provided to City of Seward within five (5) working days alter the completion of tests. The Producer is responsible to ensure protective relaying and control systems have available and accessible sensing input terminals or test ports, in order to perform and validate functional testing (see Section X4.1.8: Protection & Control System Testing Conformance). The Producer shall grant City of Seward the right to review and modify the functional testing requirements, as necessary, during the life of the facility. I � � c_:� 7 DEFINITIONS Amperes) - The unit of electrical current. American National Standards Institute (ANSI) - Private, non -profit organization responsible for approving US standards in many areas, including computers and communications. Area Electric Power System (AEPS) — FPS serving local EPSs. Automatic Circuit Reelosers (ACR) - Circuit breaker equipped with a mechanism that can automatically close the breaker after it has been opened due to a fault. Class A Facility — Non - utility generator installation of 10 -kVA output or less, where the system stiffness ratio is at least 100. Class B Facility — Non - utility generator installation with an output of between 10 -kVA and 100 -kVA, where the system stiffness ratio is at least 50. Class C Facility - Non - utility generator installation with an output of between 100 -kVA and 1000 -kVA, where the system stiffness ratio is at least 30. Class D Facility - Non - utility generator installation with an output of between 1000 -kVA and 5000 -kVA, where the system stiffness ratio is at least 20. Converter - Device for changing alternating current to direct current, or direct current to alternating current. Current - The amount of charge that flows past a give point, per unit of time. Current Transformers - Reduce system currents to levels that are appropriate for instrumentation and/or protection circuits. Distortion - The alteration of the original shape (or other characteristic) of an object, image, sound, waveform or other form of information or representation. Distributed generation - Electricity generates from many small energy sources. It has also been called on -site generation, dispersed generation, embedded generation, decentralized generation, decentralized energy or distributed energy. Distribution Primary Voltage - Voltage applied to the terminals of the primary winding of a transformer. Distribution Secondary Voltage - Voltage across the secondary winding of a distribution transformer. Electrical Noise - Noise generated by electrical devices, for example, motors, engine ignition, power lines, and so on, and propagated to the receiving antenna direct from the noise source. Electric Power System (EPS) — Facilities that deliver power to a load. Electric Transmission Voltage — Voltage transferred from one point to another in an electric power system. Feeder Line - A primary or main distribution power line that distributes or "feeds" power from a substation to the surrounding area, like spokes from a wheel. Feeder lines typically have many smaller "taps" or "pull -off' lines that lead to transformers and service lines serving homes and businesses. Frequency Deviations — Interference in the number of occurrences of a repeated event per unit of time. A change in Interconnection frequency. Gang - A group of wires attached as a collection Grid - A power transmission system. Grid Interactive Equipment - Grid - connected or utility- interactive PV systems are designed to operate in parallel with and interconnected with the electric utility grid. Ground Fault - The temporary current in the ground line, caused by a failing electrical component or interference from an external electrical source such as a thunderstorm. i �q Institute of Electrical and Electronics Engineers (IEEE) - Non - profit, technical professional association of more than 360,000 individual members in approximately 175 countries. IEEE sponsors many electrical and electronic standards. Interconnection - A link between power systems enabling them to draw on one another's reserves in time of need and to take advantage of energy cost differentials resulting from such factors as load diversity, seasonal conditions, time -zone differences, and shared investment in larger generating units. Islanding refers to the condition of a distributed generation (DG) generator continuing to power a location even though power from the electric utility is no longer present. Example a building that has a wind energy conversion system that feed power back to the electrical grid; in case of a power blackout, if the wind energy conversion system continue to power the building, the building becomes an "island" with power surrounded by a "sea" of unpowered buildings. Harmonic Distortion - The presence of frequencies in a device's output not present in the input signal and is multiples of components of the input signal. Induction Generator - Non - synchronous alternating - current generator whose construction is identical to that of an AC motor which is driven above synchronous speed by external sources of mechanical power. Independent Power Producer (IPP) or Non - utility generator (NUG) - Entity, which is not a public utility, but which owns facilities to generate electric power for sale to utilities and end users. NUGs may be privately -held facilities, cooperatives such as rural solar or wind energy producers, and non - energy industrial concerns capable of feeding excess energy into the system. Inverter - A switch -mode voltage regulator in which output voltage is negative with respect to its input voltage. Load - An end -use device or customer that receives power from the electric system. Manual Disconnect Device — Means of electrically isolating the non - utility generating facility. National Electric Code (NEC) - United States standard for the safe installation of electrical wiring and equipment. It is part of the National Fire Codes series published by the National Fire Protection Association (NFPA). "National Electrical Code" and "NEC" are registered trademarks of the NFPA. While the NEC is not itself U.S. law, NEC use is commonly mandated by state or local law, as well as in many jurisdictions outside of the United States. The NEC codifies the requirements for safe electrical installations into a single, standardized source. National Electric Safety Code (NESC) - Industry - accepted safety standard for overhead and underground electric utility and communications utility installations. Parallel (Electric) -Two or more circuit components connected like the rungs of a ladder. A parallel circuit is a different path for current through each of its components. A parallel circuit provides the same voltage across all its components. Paralleling Device - Each device is directly connected to the power source and receives the same voltage. Parallel Operation — A parallel generation electrically connected to the COS power system which must be considered in the electrical protection of the COS facilities. Potential Transformers - Reduce higher system voltages to lower values that are appropriate for instrumentation and/or protection circuits. Power Grid - Process of transferring electric energy from one point to another in an electric power system. Reactive Power - Portion of electricity that establishes and sustains the electric and magnetic fields of alternating- current equipment. Real Power - The component of apparent power that represents true work; expressed in watts, it is equal to volt - amperes multiplied by the power factor. Its Separate Operating System — A generating system, which has no capability or possibility of connecting and operating in parallel with the COS of Seward system. Stiffness Ratio —The ratio of the available electric system fault current at the interconnection point to the maximum -rated current of the Producer's facility. Switehgear -The aggregate of switching devices for a power or transforming station, or for electric motor control. Synchronous Generator - Machine that generates an alternating voltage when its armature or field is rotated by a motor, an engine, or other means. The output frequency is exactly proportional to the speed at which the generator is driven. Tap Line -Tap lines are electric feeder lines with limited capacity that run from a main distribution line to a few consumers. Telemetry Equipment — Device that measures, transmits, and receives for indicating or recording the value of a quantity at a distance. Transfer Trip - Basically, the reclosure station is equipped to send a signal to the wind farm to tell it to go off line, and the wind farm is equipped to receive and act on that signal. Transformer - An inductive electrical device for changing the voltage of alternating current. Underwriter's Laboratory (UL) - U.S. for - profit product safety testing and certification organization. Uninterruptible Power Systems (UPS) - An uninterruptible power supply (UPS) is a device that maintains power in the event of a failure. A UPS commonly includes a battery that is kept charged and ready. When power fails, the battery supplies power, as long as it lasts. When the battery fails, a UPS may contain circuitry that triggers an orderly shutdown. Voltage - A volt - ampere (VA) is the voltage times the current feeding an electrical load. A kilovolt- ampere (kVA) is 1000 volt - amperes. Volt- Ampere Reactive (VAR) - The unit of reactive power in the International System; it is equal to the reactive power in a circuit carrying a sinusoidal current when the product of the root - mean- square value of the voltage, expressed in volts, by the root - mean - square value of the current, expressed in amperes, and by the sine of the phase angle between the voltage and the current, equals 1. Voltage Drop - Reduction in voltage in an electrical circuit between the source and load. Voltage Spike - In electrical engineering, spikes are fast, short duration electrical transients in voltage (voltage spikes), current (current spike), or transferred energy (energy spikes) in an electrical circuit. Waveform Distortion -- Electrical device whose output is not identical, in form, to the input signal I `�o Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2012 -072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING AN ENGINEERING CONTRACT WITII R & M CONSULTANTS IN THE AMOUNT OF $85 FOR THE DESIGN OF THE D -FLOAT REPLACEMENT DOCK AT TIIE SEWARD SMALL BOAT HARBOR, AND APPROPRIATING FUNDS WHEREAS, the Seward Harbor Department has received grant funding to design a replacement dock for D -Float at the Seward Small Boat Harbor; and WHEREAS, the Seward City Council on August 13 approved the grant that requires a professional design engineer; and WHEREAS, the City issued a public notice soliciting proposals from qualified firms; and WHEREAS, R & M Consultants 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 R & M Consultants. Section 2. Funds in the amount of $85,545 shall be appropriated for this project. Section 3. This resolution shall take effect immediately. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 10"' day of September, 2012. THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: CITY OF SEWARD, ALASKA RESOLUTION 2012 -072 ATTEST: Johanna Kinney, CMC City Clerk (City Seal) 1i Agenda Statement Meeting Date To: Through: From: Agenda Item: September 10, 2012 City Council City Manager.lim Hunt Harbormaster Mack Funk Engineering Contract for the D -Float Replacement Project at the Seward Small Boat Harbor BACKGROUND & JUSTIFICATION: The City received a grant for this work from the Denali Commission. A public notice requesting proposals from qualified firms was issued on July 11, 2012. Thirteen entities received the public notice. Four engineering firms submitted proposals on February 3, 2012. A panel of three city employees reviewed the proposals and selected the best qualified f irm- R & M Consultants. This firm has designed other projects for the City of Seward including most recently the expansion of the SMIC basin for the Coastal Villages fishing fleet. 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 $85,545. he City will prepare and submit the necessary permit applications in order to keep the project within budget. The city also is holding a contingency amount of $9455. $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 work will be completed by January 28, 2013. The harbor also has received a grant to construct the new D -Float in the amount of $1.18 Million and that will be matched with harbor funds to construct the project in 2013. CONSISTENCY CI-IECKLIST: Yes No N/A Comprehensive Plan (document source here): There is a need for 1 continued development of all l ocal har faciliti Pag 35 . X 2 ' Strategic Ilan document source here): Complete the renovation of the X I Small Boat Ha Page 7 3. Other (list): FISCAL NOTE This project is funded entirely by grant fiends (no matching funds required) in account 315- 3150 -5390. Approved by Finance Department: ATTORNEY REVIEW Yes No X RECOMMENDATION Council Approve the Engineering Contract for the D -Float Replacement Project at the Seward Small Boat Harbor. •j`,S 11 oqq_ 'tC), AC-" DATE (MM /DD /YYYY) _- CERTIFICATE OF LIABILITY INS URANCE 7/26/2012 IHlS ULHIIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER NAME: Brenda Nolin, CIC, CISR - _ Alaska USA Insurance Brokers PH No Exf ),--- ( 561 -1250 909)S61 -d315 E-MAIL I_i_A /C P.O. Box 196530 ADDRESS_ b.nolinCaalaskausai.nsurance.com - -- PRODUCER 00032784 AnchD ra e AK 99519 ------ - - -__- INSURER(S) AFFORDING COVERAGE NA I C # INSURERA:West America Ins Company _ I NSURERB:Ame St ates Ins R &M Consultants, Inc INS URER C •Ohio _C asualt y Insu Company 9101 Vanguard Drive INSURER o:Li Northwes INSURER_E:T Casu alty _& Surety Anchorage AK 99507 INSURER F: C COVERAGES CERTIFICATE NUMBER:11 -12 Other /12 -13 PL REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICAI ED, 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 OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR rADD_ SU POLICY EF BF2r --- - - - - -- -- F� POLICY EXP LTR ___ TYPE OF INSURANCE I POLICY NUMBER MM /D p/YYYY 10 _ D/YYYY)I LIMITS GENERAL LIABILITY EACH OCC URREN CE S 1, 000, 000 r _ - :RCAl. GENERAL LIABILITY �- - -- X ICOMM'r I DAMAGE r2ENTCD PRfMISE�Faolcurrence�, i - ,.$ 1.000,000 A LAMS -MADE X OCCUR ,- _ -J BKW1254929809 12/31/201112/31 � /2012 � MED EXP (Any one person) - -- 15 0 0 0 _ —_ I GE NLAGGREGATELIMI7APPL IE SPER PERSONAL & ADV INJURY --- - i$ 1,10 000 GENERAL AC'GREGATL - -- S 0 00 _/_ , 0 I ;- PRODUCTS COMP /OF A 2, 000, 00 0 X I POLICY ;- ��R� LOC I - Is AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 1, 000, 000 ANY AIJ'i0 ( ) ODILY (Per person) B I ALL OWNED AUTOS Ap1254929809 12/31/201112/31 /2012. - ------ - - - - -- -_.. SCHEDULED AUTOS BODILY INJURY (Per accident) — --------------------- $ ( PROPERTY DAMAGE (Per accident) - � 1 I_X ? HIRED AUIOS X NON -OWNED AUTOS I Uninsured motorist combined S 000,006 ! _f Underinsuredmotonst I -_ _1,_ S 1, 000, 000 AB I X i X III EACH OCCURRENCE I S 4, 000, EXCESS LAB CLAIMS -MADE 1 AGGREGATE $ 4, 000,000 DEDUCTIBLE Prod CornplOpsAggre,gae � $ 4, 000,000 RFTFNTION $ 9809 112/31/2011112/31 /2012 �S D WORKERS COMPENSATION F AND EMPLOYERS' LIABILITY - - - - -77� X WC STATU- iOTN- �OBY_ L. 1 6' IL- Y / N ANY PROPRIETOR /PARINER /EXECUTIVE OFFICER /MEMBER EXCLUDED? N/A _ E.L. EACH ACCIDEN ------- {-- ._._._._ $ 1 000 000 _- ----- t----- L-- -.._ E, L. DISEASE • EA EMPLOYE_ - ----- --- --- ---- -- -- - --- $ 1 000 000 (Mandatory in NH) If yes, describe under WC41NCO17757011 12/31/2011 12/31/2012 i I_D ESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT I $ 1,000, 000 E Professional Liability 1 1105368994 15/29/2012 5/29/2013 Each Claim Limit $2,000,000 i D eductible $75,000 ea clm Claims -made policy Policy Period Aggregate Lim $2,000,000 DESCRIPTION Of' OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) - Re: Professional Services Agreement The City of Seward, including all elected officials, commissioners and employees are an Additional Insured on the General Liability policy, but only if required by written contract or written agreement, g per General Liability Extension Endorsement Additional Insured provision CG8810(10 /09). It is agreed that such insurance as afforded the UL rc I inUra I c MUr_ucrc UANULLLA I IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Seward ACCORDANCE WITH THE POLICY PROVISIONS, Harbormaster, Mack Funk — – PO BOX 167 AUTHORIZED REPRESENTATIVE Seward, AK 99644 Larry Linegar /BRENDN-- / Amon oc ronnornot a INS025 (200909) The ACORD name and to Obregistered marks of ACORD COMMENTS /REMARKS Certificate Holder on the General Liability L Automobile policies shall be primary and non- contributory with any other insurance in force for or which may be purchased by the Certificate Holder, The Certificate Holder is granted Waiver of Subrogation on the General Liability, Automobile and Workers' Compensation policies as respects the referenced project subject to the policy terms, conditions and exclusions. CANCELLA -ION AS PER ALASKA STATUTE - AS 21.36.220: At. :Least 10 days' riot-ice of cancellation is required if cancellation is for conviction of the insured of a crime having as one of its necessary elements an act increasing a hazard insured against, or for discovery of fraud or material misrepresentation made by the I I insured or a representative of the insured in obtaining the insurance or by the i.risured in pursuing a claim under the policy. At least 20 days' notice is required for nonpayment of premium or for failure or refusal of the :insured to provide the information necessary to confirm exposure or necessary to determine the policy premium. At least 60 days' notice is required if cancellation is for any reason except as previously noted. Advance Not:r.ce Pequirred for Nonrenewal Except in case of nonpayment of premium for the expiring policy, or if the insured fails to pay ._he prerp.i.urn as required by the - insurer for renewal., an insurer may not fail t=o renew a policy unless a written notice of nonrenewal is mailed at least 45 days before the expiration date of the policy or of the anniversary date of a policy written for a term longer than 1. year or with no fixed expiration date. If notice of nonreriewal is not given as required, the existing policy shall continue until they insurer provides notice for the time period required by this section for that policy. This section does riot apply if the insurer has in good faith manifested its wil.1irigness to renew. AS 21.36.2401 Advance Notice Required for Premium or Coverage Changes Written notice shall be mailed to the insured and to the agent or broker of record at least: 45 days before expiration: *if renewal premium is increased more than 10 percent for a reason other than an increase in coverage or exposure base, or if after .renewal there will be a material restriction or reduction in coverage not specifically requested by the insured. If notice before expiration of the policy is not given as required by this section, the existing policy shall continue until the insurer provides notice for the time period required for that policy. This section does not apply to workers compensation insurance. OF'REMARK COPYRIGHT 2000, AMS SERVICES INC. F 1 A\ I Professional Services Agreement with R &M Consultants Inc. For Engineering Services This AGREEMENT, made and entered into this t" day of , 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 R & M Consultants, Inc., a corporation authorized to do business in Alaska, with offices located at Anchorage, 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, R & M Consultants, 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 — R & M Consultants proposal dated July 11, 2012. Exhibit B — City's request for proposals dated June 20, 2012, and three addenda (collectively, "UP "). 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 D -Float Replacement Project in Seward, Alaska, as further Page 1 of 9 . w described in the City's RFP. 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. See attached fee portion of this agreement 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 preliminary schedule for completion for j all work described herein shall be as follows: • September 11, 2012 - Notice to Proceed. • October 12, 2012- 35% Design completed. • November 20, 2012- 65% Design and Permit applications submitted • January 4, 2013- 95% Design completed. • February 1, 2013- Design completed including construction plans and specifications for bidding. The preliminary schedule dates subject to change based on City review period length and length of time for regulatory permit acquisition. The intent is to advertise for bids no later than March 15, 2013. 6.0 PERSON NEUORGANIZATION 6.1 Key Personnel Work and services provided by the Contractor will be performed by: Kimberly Nielsen, P.E., Project Manager Duane Anderson, P.E., Sr. Structural Engineer Ben Haight, P.E., Electrical Engineer (Haight & Associates) Frank Rast, P.E., Contract Manager Page 2 of 9 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 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 all times through efficient business administration and management. The Contractor shall provide all services in a competent manner. It is understood that some of the services to be rendered hereunder required professional judgment and skill. In those cases, the Contractor agrees to adhere to the standards of the applicable profession. 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. 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' Page 3 of 9 �aL\ i. I Compensation to Alaska statute, general commercial liability, automobile liability, 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 i employees or elected officials. e. The insurance coverage is primary to any comparable liability insurance carried by the City of Seward. f. 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, Page 4 of 9 1a� i performance and enforcement of this Agreement. 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 SAFETY /PERFORMANCE. The Contractor shall perform the work in a safe and workmanlike manner. The Contractor shall comply with all federal and state statues, ordinances, orders, rules, and regulations pertaining to the protection of workers and the public from injury or damage, and shall take all other reasonable precautions to protect workers and the public from injury or damage. 17.0 SUSPENSION OR TERMINATION. Page 5 of 9 dab 0 17.1 Fault Termination or Suspension This Agreement May be terminated by either party upon ten (10) days written notice if the other party fails substantially to perform in accordance with its terms. If the City terminates this Agreement it will pay the Contractor a sum equal to the percentage of work completed 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 lay 19.0 NO ASSIGNMENT OR DELEGATION. The Contractor may not assign, subcontract or delegate this Agreement, or any part of it, pr 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. I !i 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 /pr omissions by the Contractor, will be done at the sole expense of the Contractor. 26.2 Changes in Scope of Work. The City or its representative may, at any time, by a written Change Order delivered to the Contractor, make changes to the scope of work, or authorize additional work outside the Page 7 of 9 scope of work. 26.3 Compensation to the Contractor If any Change Order for which compensation is allowed under this Article cautes 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. j I 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 On the address noted below: City of Seward Harbormaster PO Box 167 Seward, Alaska 99664 -016 Kim Nielsen, PE R & M Consultants Inc. 9101 Vanguard Drive Anchorage, AK 99567 IN WITNESS WHEREOF, the parties have executed this Agreement. y �,. City of Seward R & M Ccsulnts, Inc. By: James S. Hunt Title: City Manager Date: By: F�Vice Fst Title: President Date: ATTEST: Johanna Kinney, CMC City Clerk (city seal) 0 Page 9 of 9 X30 CITY OF SEWARD PROFESSIONAL ENGINEERING SERVICES SEWARD SMALL BOAT HARBOR D -FLOAT REPLACEMENT PROJECT SCOPE OF SERVICES f R &M Consultants, Inc. (R &M) will provide professional engineering services for this project, which will result in replacing the D -Float floating dock system in Seward's small boat harbor. The work will be broken down into the following tasks: 1. Task 1: Preliminary Design 2. Task 2: Design Development 3. Task 3: Bid Support The parties agree that in order to complete the work within the City's budget, the City will apply for the required permits and complete the NEPA Document Process. This is a change from the Request for Proposals (Exhibit B). Additionally, we understand that the City has decided not to award the Public Involvement and Construction Support Services tasks that are described in R &M's proposal (Exhibit A). The scope of work associated with Tasks 1 -3 are described below. The total fixed fee for the services described herein is provided in the enclosed fee estimate summary table. The breakdown for the estimated fee by task is also provided in the backup spreadsheets for your reference. TASK 1: Preliminary Design Information Gathering: Immediately upon Notice to Proceed (NTP), the R &M team will gather and review available background information, such as geotechnical reports, previous Condition Assessments, environmental reports, surveys, utility as- builts, float and trestle as- builts, AutoCAD basemaps, etc. R &M will rely on the City for supplying a majority of this information. Kickoff Meeting: Preliminary design will begin with a kickoff meeting with the R &M project manager, the City Harbormaster, and other key City personnel to discuss City priorities, design criteria, preferences for the new floating dock system, and to coordinate with the necessary City utilities. Preliminary float system layouts have already been completed as part of the 2011 Condition Assessment report and these will be used as a basis for design development. Another goal of this meeting will be to come away with a Preferred Alternative for design development. Cost Estimating: Prior to the kickoff meeting, budgetary construction cost estimates will be developed associated with the three alternatives that were presented in the proposal (Exhibit A). The intent will be to illustrate relative costs of each scenario, and to assist with determining a Preferred Alternative. Basemap Development: Basemap Development will consist of obtaining the electronic AutoCAD files for the previous work that has been done, including float as- builts, upland topographic surveys, bathymetric survey, utilities, etc. and incorporating them into a comprehensive Basemap. The fee estimate assumes that the existing AutoCAD files for these drawings will be provided by the City and developing these drawings from scratch is not necessary. 35% Design— Preferred Alternative: The design will progress on the Preferred Alternative to include preliminary design drawings depicting all major aspects of the work and an associated cost estimate and supporting information. The resulting preliminary design will be of sufficient detail to support environmental documentation and permitting. ` Deliverables: (1) 2 Concept Sketches & Cost Estimates for Kickoff Meeting R &M D -Float Scope of Services Page 1 �3� (2) 35% Design TASK 2: Design Development 65% Design: The Design Development task will incorporate the comments from the City and environmental /permit agencies and progress the design further to a 65% level of completion. At this time, all components of the design will be generally depicted in Drawings. This will include main floats, finger floats, ADA- Accessible slips, piling, and locations for potable water hose bibs, power pedestals, lights, safety equipment and other features. This will allow the City ample opportunity to provide input to the design early— before significant ! re- design would be necessary. We will update cost estimates to account for the additional detail and submit the drawings and cost estimate to the City for review. 95% Design: Upon receipt of City comments, the design will be progressed to approximately 95% completion — essentially a Draft submittal. At this level, the drawings will include all details necessary for construction and the bid package will be developed to include draft technical specifications and contract documents, which will include the general conditions, contract documents and forms associated with FHWA- funded projects. An updated Construction Cost Estimate will also be provided. The 95% design will be submitted to the City (and Denali Commission) as a final opportunity to review and provide input prior to finalizing the 100% bid -ready construction contract documents. Final Construction Documents: The Bid -Ready Construction Documents package will incorporate comments from the 95% design submittal and finalize the Drawings, Specifications, and Engineer's Estimate. These Drawings will be sealed and signed by the Engineer -of- Record. Deliverables: (1) 65% Drawings and Updated Cost Estimate (2) 95% Drawings, Specifications, and Cost Estimate. (3) Final Bid -Ready Drawings, Specifications, Contract Documents and Engineer's Estimate. TASK 3: Bid Support The R &M team will be available to continue to support City during bidding by providing technical assistance, answering bid questions, and issuing addendums as needed. This task will be conducted on a time and materials basis due to the uncertainty in the level of effort required, which is highly dependent on the number and type of bidder questions received during bidding. The not -to- exceed fee estimate is based on the following assumptions: • R &M will prepare a bid advertisement, and the City will arrange and pay for advertising separately. Note that specific advertising requirements apply for federally- funded projects. • R &M will be available to answer technical questions and assist the City with preparation of addendums. Up to two addendums are assumed. • The City will be responsible for distributing contract documents, maintaining the plan holders list, and distributing any addendums. • R &M will not participate in a pre -bid conference and site visit during the bidding period. A Pre -Bid conference is highly recommend and should be conducted by the City to ensure that serious bidders understand the site requirements, the project requirements, and have an opportunity to review the project early in the bidding process. I� R &M D- Float Scope of Services Page 2 13� • The City will be responsible for collecting bids, bid modifications, conducting a public bid opening, evaluating bids, and preparing bid tabulations. R &M will be available for advice with respect to the qualifications of bidders for constructing this marine project. With the schedule as discussed above and illustrated in Table 1 on the next page, we will complete the final bid documents with sufficient time to allow at least four weeks for bidding, an additional time contracting, and construction start by Fall 2013, TABLE 1: SEWARD D -FLOAT REPLACEMENT f ENGINEERING AND BIDDING SCHEDULE Milestone Schedule Estimated Complete Date Notice to Proceed (NTP) NTP 9/1.1/12 Kickoff Meeting 4 days after NTP 9/14/12 35% Design 30 days after kickoff meeting 10/12/12 City Review 1 week 10/19/12 65% Design 30 days after receipt of City comments on 35% design 11/20/12 City Review 1 week (excl. holidays) 11/29/12 95% Design _ 30 days after receipt of City comments on 65% design (allows 1 week for holidays) 1/4/13 City Re view 1 week 1/11/13 Final Design & Bid Documents 3 weeks after receipt of City comments on 95% design 2/1/13 Begin Bid Advertising' Immediately following design completion 2/4/13 Pre -bid conference Within 2 -3 weeks after start advertising 2/21/13 Open Bids 4 weeks after first advertising date 3/5/13 N TP to Contr 3 weeks (depends on City council schedule) 3128113 Contractor submittals /shop _dra wing review Ongoing, majority of submittals in first 2 months 5130113 Materials Fabrication & Delivery Ongoing. Power pedestals and piling are long lead time items, approximately 12 -16 weeks. 8130113 Contractor On Site No earlier than September 3rd (after labor day). 913113 Notes 'Intent is to advertise for bids no later than March 15, 2013. 2 Intent is begin construction in September /October 2013. Milestones in italics are beyond R &M's control. a R &M D -Float Scope of Services Page 3 L 13� PRICF PFR TASK cI IUUAPV FIRM: R &M Consultants, Inc. 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E m k S S 6 a § u o o_ o . « e o = = < e ). z 7 7 e 00 SE E'& •� e n o /�E °r-0 kk£U ~ Lli " j - - m _ e e '@ q § j CD a = , § [ 5 = k w ° to ƒ \ § o )k :2 §FLU ( 0 iA � ) P / 8 ® u \ § 2 k § \ z � m =§ a � x E o2u w _ u w ( § » G I ƒ LL / _ ~ \ Cl) § \ § J 7 � � w CO _ � k ... /E CL k @ 0 jK oa0 _. a. ® 2 ed CL .�.�. § ... ] ` " E z { _ . 2 0 LU z a § § \ ' 7 ƒ § A $ S { .'.'. § ) � ( § ( { & q {u \ •'.'. «e\ )2 \ [ 2 \ )\ ) \< \ §/ �} 3� c oq a C; z kd� 5 �k� jk / z jK ^ �R ° F- 2 2j� \ YI-I Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2012 -073 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ESTABLISHING AN OVERALL PROJECT BUDGET AND AUTHORIZING REVISIONS FOR THE SEWARD COMMUNITY LIBRARY MUSEUM PROJECT, AND AUTHORIZING CHANGE ORDER NO. 4 FOR $263,493.17 TO TIIE CONSTRUCTION CONTRACT WITH PCL CONSTRUCTION SERVICES INC. WHEREAS, the City of Seward is building a new library /museum; and WHEREAS, the Seward Community Library & Museum Building Committee brought forward a total project cost of not more than $10,000,000 for the new building; and WHEREAS, previous resolutions have been passed obligating the City of Seward to various contracts for the Seward Community Library Museum and it would benefit the City of Seward to clarify the funding sources and expense categories in an overall budget for the project; and WHEREAS, the proposed total project budget of $9,976,227.52, including previous revisions and contract amendments and the subject change order of this resolution, consists of: Building Construction in the amount of $7,908,580.17; Design and Construction Administration in the amount of $1,067,532; Project Management in the amount of $398,000; Special Inspections in the amount of $33,635.00; Geotechnical Investigation in the amount of $9,005; Reimbursable Expense in the amount of $20,000; Museum Exhibit Space in the amount of $60,000; Building Furniture, Fixture and Equipment in the amount of $30,000; Moving Expense in the amount of $20,000; Transformer in the amount of $64,000; and Project Contingency in the amount of $365,475.35; and WHEREAS, the City of Seward has received funding commitments in the amount of $9,976,227.52 including: State grant funds in the amount of $4.7 million; City of Seward bond proceeds in the amount of $3,725,147.73; Rasmusson Foundation grant in the amount of $500,000; NEH grant in the amount of $500,000; fundraising commitments from the Seward Community Library Museum Building Committee in the amount of $500,000; building rent in the amount of $26,079.79; and donations for the Sue Kaanta Trust in the amount of $25,000; and WHEREAS, the City of Seward entered into a Contract with PCL on October 25, 2010 via Resolution 2010 -098 in the amount of $42,900; and WHEREAS, the City of Seward Amended the Contract via Resolution 2011 -103 in the amount of $7,399,999 by Amendment No. 1 and by $102,158 by Amendment No. 2 (Change Order No. 1), and the Contract was further Amended by Change Order No. 2 in the amount of 12A CITY OF SEWARD, ALASKA RESOLUTION 2012 -073 $9,362 and Change Order No. 3 in the amount of $22,412, establishing the current Contract amount of $7,576,831; and WHEREAS, additional changes include: Library Shelving in the amount of $88,243.08; Fire Hydrant line extension across Adams Street in the amount of $14,457.22; Furniture, Fixtures and Equipment in the amount of $81,482.37; Museum Exhibit Space build out including flooring, diagonal walls and painting in the amount of $44,212.11; and other smaller unforeseen changes in the amount of $35,098.39 as detailed in the attached contract amendment are necessary to move the project towards completion, and together these changes represent Change Order No. 4 to the contract in the amount of $263,493.17. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. A project budget in the amount of $9,976,227.52 is hereby established including: Building Construction by PCL in the amount of $7,908,580.17; Design and Construction Administration in the amount of $1,067,532; Project Management in the amount of $398,000; Special Inspections in the amount of $33,635.00; Geotechnical Investigation in the amount of $9,005; Reimbursable Expense in the amount of $20,000; Museum Exhibit Space in the amount of $60,000; Building Furniture, Fixture and Equipment in the amount of $30,000; Moving Expense in the amount of $20,000; Transformer in the amount of $64,000; and Project Contingency in the amount of $365,475.35. Section 2. The City Manager is hereby authorized to proceed with Change Order No. 4 in the amount of $263,493.17 to the Guaranteed Maximum Price contract with PCL Construction Services, and funding in the amount of $263,493.17 is hereby appropriated from Acct. No. 626 - 6260 -5390. Section 4. This resolution will take effect immediately upon adoption. PASSED AND APPROVED by Seward City Council this 10` Day of September, 2012. THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: V3� CITY OF SEWARD, ALASKA RESOLUTION 2012 -073 ATTEST: Johanna Kinney, CMC City Clerk (City Seal) too Agenda Statement Meeting Date To: Through: From: Subject: August 27, 2012 City Council Jim Hunt, City Manager Ron Long, Community Development Director hstablishing a comprehensive budget for the Seward Community Library Museum project authorizing revisions to the budget, and authorizing Change Order #4 to the construction contract with PCL Construction Services, Inc BACKGIZOUND & JUSTIFICATION The City of Seward is building a new library /museum and the Seward Community Library & Museum Building Committee set a total project cost of $10,000,000. Through the course of the project there have been various resolutions passed that obligate funds to the project without a clear picture of the effect on the Total Project Budget. The Proposed Budget would modify the Current Budget as represented in the following table Cost Category Current Budget Proposed Budget Difference Building Construction $ 7,576,831.00 $ 7,908,580.17 $ 331,749.17 Design and Construction Administration $ 1,067,532.00 $ 1,067,532.00 $ - Project Management $ 398,000.00 $ 398,000.00 $ - Special Inspections $ 50,000.00 $ 33,635.00 $ 16,365.00 GeotechnicalInvestigation $ 20,000.00 $ 9,005.00 $ 10,995.00 Contractor Preconstruction Services $ 42,899.00 $ - $ 42,899.00 Reimbursable Expense $ 20,000.00 $ 20,000.00 $ Exhibit Space $ 100,000.00 $ 60,000.00 $ 40,000.00 Furniture, Fixture and Equipment $ 200,000.00 $ 30,000.00 $ 170,000.00 Moving Expense $ 20,000.00 $ 20,000.00 $ - Electrical Transformer $ 40,000.00 $ 64,000.00 $ 24,000.00 Project Contingency $ 440,965.52 $ 365,475.35 $ 75,490.17 T otal $ 9,976,227.52 $ 9,976,227.52 $ - The City of Seward has received funding commitments in the amount of $9,976,227.52 as represented in the following table: N\ E e Source rant Fundin ond Proceeds son Foundation Grant Amount 4,700,00000 3,725,147.73 ant $ 500,000.00 Fundraising from SCLM Building Committee $ 500,000.00 Building Rent � 500,000.00 Sue Kaanta Trust Donations $ 26,079.79 Total Revenue $ 25,000.00 $ 9,976,227.52 A working contingency in the amount of $100,000 was previously established in Resolution 2011 -103 to account for unforeseen but necessary modifications to the project scope. $31,774 of the $100,000 was approved by the City Manager in Change Order No 2 Pd Change Order No 3 in the amounts of $9,362 and $22,412 respectively. The remaining $68,256 is represented in the proposed budget amendment to Building Construction of $7,908,580.17 and will remain available for use by the City Manager as authorized by the resolution. Resolution 2011 -103 also amended the PCL Contract and established a total GMP of $7,502, 157 following the adoption of Amendment No. 1 in the amount of $7,399,999 and Amendment No. 2 (Change Order No. ) in the amount of $102,158 for more durable stone siding. The Contract was further Amended by Change Order No. 2 in the amount of $9,362 and Change Order No. 3 in the amount of $22,412, thus establishing the current construction contract amount of $7,576,831. The Proposed Budget for Building Construction in the amount of $7,908,580.17 increases that line item by $331,749.17 to account for Change Order No. 4 to PCL's Contract. After acceptance of Change Order No. 4 for $263,493.17 the only remaining amount in the line item is the $68,256 in contingency that is explained above. Changes that are represented in the "Difference" column in the Proposed Budget Revision Table above include reductions in the budget for: Special Inspections in the amount of $16,365; and Geotechnical Investigation in the amount of $10,995. Other "Difference" column changes are for transfers between budget lines including: Contractor Preconstruction services already included in PCL's GMP Price in the amount of $42,899; Exhibit space monies to account for partial build out of the space that PCL will complete in the amount of $40,000; FF &E for Library shelves and Furniture that will be procured and installed by PCL in the amount of $170,000; and Contingency monies that transfers into the Electrical Transformer line item and Building Construction line item in the amount of $75,490.17. Change Order No. 4 to the PCL Construction Services Contract includes a number of items that benefit the project. These foreseen and unforeseen changes include: Library Shelving in the amount of $88,243.08; Fire Hydrant line extension across Adams Street in the amount of $14,457.22; Furniture, Fixtures and Equipment in the amount of $81,482.37; Museum Exhibit Space build out including flooring, diagonal walls and painting in the amount of $44,212.11; and !!! other miscellaneous smaller unforeseen changes in the amount of $35,098.39 as listed in the attached Contract Amendment, altogether totaling $263,493.17. IL�A CONSISTENCY CHECKLIST: Comprehensive Plan; Page 9, Section 1.3 Cultural Facilities: Page 19, Section 3.1.2.1 Support the concept, fundraising activities and construction of a new library museum intended to combine, update and expand the programs and services of the Seward Library and Seward Museum, Page 27, Section 3.7.1.2 Support the design, funding and construction of a new library /museum facility. Strategic Plan: Page 12 and 13, Encourage Cultural Activities, Expand --_L ibrary Services and Develop Additional Recreational Opportunities: Other (list): Yes No ! N!A i X X FISCAL NOTE This action moves funding between budget items 1 without increasing the overall budget for the budget. Finance Department: ATTORNEY REVIEW Yes X No RECOMMENDATION Council approve Resolution 2012 - Establishing a comprehensive budget for the Seward Community Library Museum project authorizing revisions to the budget, and authorizing Change Order #4 to the construction contract w ith PCL Construction Services, Inc. CONTRACT NO: C10 -098 August 30, 2012 CHANGE ORDER NUMBER: 004 Agreement Between the CITY OF SEWARD And PCL CONSTRUCTION SERVICES, INC. Change Order No. 4 to the Library and Museum Project Pre - Construction Phase Services and Construction Phase Work Contract between the City of Seward, Alaska and PCL Construction Services, Inc., authorized and subsequently amended as follows: — Original Contract: Construction Manager /General Contractor contract approved by Resolution 2010 -098 on October 25, 2010, in the amount of $39,000, plus 10% contingency ($3,900) for amount not -to- exceed $42,900 Amendment No. 1: By Resolution 2011 -051 approved on June 20, 2011. Guaranteed Maximum Price Proposal Contract for construction of the Seward Community Library /Museum in an amount not to exceed $7,399,999 - Amendment No. 2: By Resolution 2011 -_ on November 12, 2011, in an amount not to exceed $102,158, authorizing Change Order 1 consisting of Additive Alternate #4 - Change Order No. 2: On February 22, 2012, in an amount not to exceed $9,362, authorizing Change Order 2. - Change Order No. 3: On June 13, 2012, in an amount not to exceed $22,412, authorizing Change Order 3. RELATIVE TO: Construction of the Seward Community Library /Museum Project. FURTHER AMENDED AS FOLLOWS: The purpose of the amendment is to authorize Change Order No. 4 to the Construction Contract (listed as Amendment No. 1 above). This Change Order includes the following CRX items: 0056 RFI -109, Support roof decking along GL C &G. $ 3,974.34 0059 Additive Alternate 5, library shelving. $88,243.08 0060 RFI -108, Steel support for south stairs. $ 1,275.00 0064 RFI -115, Stud joist and decking for south building bump out. $ 2,123.03 0068 Install fire hydrant connection line across Adams Street. $14,457.22 0073 I13-015, Infill second floor opening. $ 1,814.00 0074 RFI -129, Support for sliding security door. $ 3,520.00 0076 Add angle to cover roof decking for N. Clerestory wall. $ 470.00 0079 IB -013 add additional W2 window openings for room 209. $ 389.62 0080 Install Owner historic ceramic tiles $ 1,009.00 0083 Electrician labor for costs omitted in CRX -050 $ 1,442.00 0084 RFI -141, Adjust drains, insulation, parapet at south and entry roofs. $ 2,713.00 04 0085 RFI -116, Mechanical louver connections and added framing. $ 1 0087 RFI -138, electrical raceways for wind and rain Indicators controller. $ 1,377.98 0088 RFI -132, Relocate rain leader at entry canopy. $ 1,406.00 0089 Replace curb and move fence for COS electrical department. $ 1 0090 RFI -142, Relocate hose bib (1-113-1) for conflict. $ 486.00 0091 I13-019, Misc. mechanical changes and delete ceiling in comm. Room. ($ 312.60) 0092 RFI -130, Relocate Type Y fixtures. $ 1,195.49 0095 RFI -148, Cover exterior wall columns $ 1,765.53 0096 RFI -143, Add ceramic tile in restrooms. $ 1,811.43 0097 RFI -150, Power for DDC interface panels. $ 2,366.28 0098 RFI -147, Placement of Type B light fixtures. $ 1,843.35 0099 RFI -157, Elevator Equipment Requirements, phone and electrical. $ 599.30 0100 FF &E Package for procurement and installation. $81,482.37 0101 I13-023, Exhibit Space Tile, Walls and paint. $44,212.11 0102 RFI -152, Reroute piping to FT -2. $ 756.26 TOTAL $263,493.17 Existing Contract Amount Change Order No. 4 New Contract Total Addition of days of contract time for this Change Order Target Completion Date Contract Completion Date $ 7,576,831.00 $ 263 493.17 32 4.17 Calendar Days Novemb 30, 2012 f June 3, 2013 All other terms and conditions of the Contract remain in effect and are unchanged. IN WITNESS WHEREOF, THE PARTIES HEREBY EXECUTE THIS AMENDMENT: PCL CONSTRUCTION, INC. 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