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HomeMy WebLinkAbout05282013 City Council Packet Seward City Council Agenda Packet isPit t: . _ ., , oillo , p. r , ei ,, _ ,,, 7 1 .cl r d, - .cl .. ii../?i!itelit i .cli Memorial Day May 28, 2013 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 The City of Seward, Alaska CITY COUNCIL MEETING AGENDA All-America {Please silence all cellular phones and pagers during the meeting} Tuesday, May 28, 2013 7:00 p.m. Council Chambers 1. CALL TO ORDER David Seaward 2. PLEDGE OF ALLEGIANCE Mayor 3. ROLL CALL Term Expires 2013 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING [Those who have Jean Bardarson signed in will be given the first opportunity to speak. Time is limited Vice Mayor to 3 minutes per speaker and 36 minutes total time for this agenda Term Expires 2014 item.] 5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval Robert Valdatta of Consent Agenda passes all routine items indicated by asterisk ( *). Council Member Consent Agenda items are not considered separately unless a council Term Expires 2013 member so requests. In the event of such a request, the item is returned to the Regular Agenda] Christy Terry Council Member 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Term Expires 2013 A. Proclamations and Awards Vanta Shafer Council Member 1. Introduction of 2013 Seward High School Exchange Students Term Expires 2013 Meret Beutler and Karoline Ernst. 2. Recognition of the Seward High Track Team and their Marianna Keil Accomplishments at the State Tournament . Pg. 4 Council Member 3. Recognition of Retiring Dispatch Supervisor Shelia Squires. Term Expires 2014 4. Recognition of Retiring Fire Chief David Squires. Ristine Casagranda B. Chamber of Commerce Report Council Member C. City Manager's Report Term Expires 2014 D. Mayor's Report E. Other Reports and Presentations James Hunt City Manager Johanna Kinney City Clerk Cheryl Brooking City Attorney City of Seward, Alaska Council Agenda May 28, 2013 Page 1 7. PUBLIC HEARINGS A. Ordinances for Public Hearing and Enactment 1. Ordinance 2013 -008, Revising The City Code To Establish Electronic Notification Of Wait List Customers At The Small Boat Harbor , , , .Pg. 5 2. Ordinance 2013 -009, Revising The City Code To Eliminate Quarterly Moorage Rates At The Small Boat Harbor P 8 B. Resolutions Requiring Public Hearing 1. Resolution 2013 -034, Recommending Kenai Peninsula Borough Approval Of The Preliminary Replat Of The Gateway Subdivision, Creating Four Tracts To Be Known As Tracts C4, C5, C6 And C7, Gateway Subdivision Addition No. 2 And Dedicating The Rights -Of -Way Extensions To Be Known As Olympia Road And Afognak Avenue, Located Within The SE '/4 Section 33; Within The Single Family Zoning District Pg. 12 2. Resolution 2013 -035, Amending The Harbor Tariff To Specify That Waitlist Slips Will Be Offered To Customers Twice A Y ar And That New Waitlist Customers May Be Offered Slips If All Senior Waitlist Customers Have Been Offered Slips. (pulled) B. Other Public Hearing Items 1. Ordinance 2013 -007, Amending The City Of Seward Code, Section 12.05.021, Adopting The 2012 Edition Of The International Residential Code (IRC), Including Revisions (Clerk's Note: This ordinance is before the council tonight for public hearing testimony and discussion only and not for enactment at this meeting. There will be a second public hearing of this nature at the August 12, 2013 council meeting, and a third for public hearing and enactment at the September 9, 2013 council meeting).. . Pg. 22 8. UNFINISHED BUSINESS — A. Items Postponed from Previous Agenda — Ordinances for Public Hearing and Enactment (with an additional public hearing requested by council) 1. Ordinance 2013 -006, Amending Seward City Code, Chapter 9.15, Health And Safety, Adopting The 2012 Edition Of The International Fire Code (IFC), Including Revisions Pg. 45 9. NEW BUSINESS A. Resolutions *1. Resolution 2013 -036, Directing The City Administration To Dedicate Dog License Fees And Received, Targeted Donations For The Construction Of A New Animal Shelter..Pg. 66 2. Resolution 2013 -037, Authorizing The City Manager To Enter Into A Grant Agreement With The Alaska Department Of Transportation Harbor Facility Grant Program For City of Seward, Alaska Council Agenda May 28, 2013 Page 2 $1,137,254 And To Enter Into A Construction Contract With Orion Marine Contractors, Inc. In An Amount Not To Exceed $2,083,980 For The D -Float Replacement Project At The Seward Small Boat Harbor And An Additional $208,398 As A Project Contingency And Appropriating Funds .Pg. 68 3. Resolution 2013 -038, Authorizing The City Manager To Modify The Purchase Agreement With R & M Steel Co. For The Purchase And Shipment Of A Steel Building Kit Authorized Under Resolution 2013 -018 To Permit The Substitution Of Insulated Wall And Roof Panels For The Batt Insulation And Siding Originally Supplied For A Total Amount Not To Exceed $121,600 Pg. 121 *4. Resolution 2013 -039, Approving The City Manager's Appointment Of Edward Athey As Fire Chief Pg. 129 B. Other New Business Items *1. Approval of the May 13, 2013 City Council Regular Meeting Minutes Pg. 131 *2. Appoint Catherine Richardson to the Historic Preservation Commission with a term to expire May, 2016 .Pg. 139 3. Discussion of transient merchants on city property. (Requested by Terry) 4. Discussion on council putting forward an advisory proposition for the upcoming October elections to increase the property mill rate by 1.0 mills to fund the library /museum bond and operating costs. (Requested by Seaward) 5. Discussion on lowering the sales tax from 4% to 3% during winter months of October through March, and back to 4% from April through September. (Requested by Seaward) 10. INFORMATIONAL ITEMS AND REPORTS (No Action Required) - None 11. COUNCIL COMMENTS 12. CITIZEN COMMENTS [5 minutes per individual - Each individual has one opportunity to speak.] 13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS 14. ADJOURNMENT City of Seward, Alaska Council Agenda May 28, 2013 Page 3 ATM B A pr ro-. A" ... 9 v y THE CITY OF SEWARD CITY COUNCIL HEREBY RECOGNIZES SEWARD HIGH SCHOOL 2013 TRACK AND FIELD TEA FOR THEIR OUTSTANDING ACCOMPLISHMENTS AT THE STATE TRACK AND FIELD TOURNAMENT MILES KNOTEK 2012-2013 SCHOLAR & ATHELETE OF THE YEAR AND 1ST PLACE IN THE 3200 METER DASH TESSA ADELMANN 2012 -2013 ATHELETE OF THE YEAR AND 1 ST PLACE IN DISCUS AND SHOT PUT LINDSEY KROMERY 2012 -2013 SCHOLAR ATHELETE OF THE YEAR 2ND PLACE 800 METER RELAY TEAM MILES KNOTEK, MATTHEW MOORE, TANNEN BERRY AND MICHAEL MARSHALL PRESTON ATWOOD 3 PLACE 400 METER DASH AND 4 PLACE 100 METER DASH MATTHEW MOORE 4TH PLACE IN THE HIGH JUMP 4TH PLACE 200 METER RELAY TEAM IRIS ANDERSON, BROOKE ESTES, EMILY BROCKMAN &JESSICA DEGNAN Mayor David Seaward May 28, 2013 City of Seward, Alaska Sponsored by: City Manager Introduction Date: May 13, 2013 Public Hearing Date: May 28, 2013 Enactment Date: May 28, 2013 CITY OF SEWARD, ALASKA ORDINANCE 2013 -008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, REVISING THE CITY CODE TO ESTABLISH ELECTRONIC NOTIFICATION OF WAIT LIST CUSTOMERS AT THE SMALL BOAT HARBOR WHEREAS, the Harbor spends hundreds of dollars sending certified letters to customers on the wait list; and WHEREAS, the preparation of certified letters requires significant staff time; and WHEREAS, electronic mail communications between the Harbormaster's office and wait list customers would be a more effective way to communicate. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. Section 7.10.320(G) of the Seward City Code is amended as follows (additions listed in bold italic, deletions listed in st- rikethreu): G. Notice of space availability. When space becomes available, the Harbormaster shall notify the first applicant on the wait list that has a qualified interest in a vessel of the size for which space is available. Notice shall be by - -- • , - • - - - . -- • - . , lectronic mailfor any applicant who has provided an email address, or otherwise by certified mail. In each case, notice will be sent return receipt requested. An applicant shall have 21 days from the s ed-pestfaa-r-IE .. - . - - - • . .. • - : date the notice is sent to respond. If the notice is returned by the post office or the applicant fails to respond, the Harbormaster will notify the next eligible applicant on the wait list and so until the space is assigned. The slip holder shall obtain a qualifying interest in a vessel of an appropriate size for the slip within 12 months of being offered a slip. Section 2. This ordinance shall take effect ten (10) days following its enactment. CITY OF SEWARD, ALASKA ORDINANCE 2013 -008 ENACTED BY CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 28 day of May, 2013. THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) Council Agenda Statement Meeting Date: May 13, 2013 s 4 of Fsj Through: Jim Hunt, City Manager v From: Mack Funk, Harbormaster at swP Agenda Item: ESTABLISH ELECTRONIC NOTIFICATION BACKGROUND & JUSTIFICATION: The City Code requires wait list customers to be notified by certified mail when a vacancy occurs. Now, since most customers have chosen to communicate via electronic mail, it appears that e -mail would be a more efficient method than certified mail of notifying customers of an available slip. In order to implement this change, City Code section need to be modified: 7.10.315 and 7.10.615. INTENT: The purpose of Ordinance 2013 -0OAs to allow the Harbor to notify wait list customers via electronic mail in order to provide a more efficient wait list process. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (document source here): Encourage a thriving port 1. of Seward through harbor improvements, infrastructure expansion, and X implementation of management plans. (page 23) Strategic Plan (document source here): Adjust local development 2. regulations where appropriate, to encourage development that is X consistent with our economic vision. (Page 5) 3. Other (list): FISCAL NOTE: This change is expected to save some postage cost and staff time by eliminating some certified letters. Approved by Finance Department: ATTORNEY REVIEW: Yes X No RECOMMENDATION: 9 Approve for introduction Ordinance 2013- 0 making changes to Title 7 of the City Code. Sponsored by: Hunt Introduction Date: May 13, 2013 Public Hearing Date: May 28, 2013 Enactment Date: May 28, 2013 CITY OF SEWARD, ALASKA ORDINANCE 2013 -009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, REVISING THE CITY CODE TO ELIMINATE QUARTERLY MOORAGE RATES AT THE SMALL BOAT HARBOR WHEREAS, the Harbor tariff was changed in 2011 to eliminate quarterly moorage rates; and WHEREAS, the intention at that time was to subsequently amend the City Code to bring it into conformance with the Harbor tariff; and WHEREAS, it is critical that the Code and Tariff agree. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. Section 7.10.315 of the Seward City Code is amended as follows (additions listed in bold italic, deletions listed in striket hro gh): 7.10.315 - Transient moorage. A. Availability. Transient moorage space is available within the harbor at locations designated or assigned by the Harbormaster, which may include temporary use of reserved moorage space. A written and signed application for moorage on a form approved by the Harbormaster shall be provided to the Harbormaster within the time allowed for registration. The applicant shall promptly notify the Harbormaster of any changes in the information set forth on the moorage application. Prepayment of fees for transient moorage is required. Approval of such application by the Harbormaster confers no rights in the land or water constituting the space. B. Assignment periods. The daily assignment period is 12:01 a.m. on the first calendar day to midnight. The daily moorage fee as set forth in the harbor tariff will be levied on all vessels that are registered on the harbor's daily inventory that do not have a reserved moorage space assigned, unless longer term moorage is paid in advance. Discounts for prepayment of transient moorage fees are available as set forth in the harbor tariff for monthly, quarterly, semi - annual, and annual terms. Monthly, quai4efly, semi - annual, and annual term transient moorage rates will be calculated from the closest of either: 1. The first day of the current month, or 2. The first day of the following month (with daily fees assessed for all days CITY OF SEWARD, ALASKA ORDINANCE 2013 -009 in the current month). No credits will be allowed for back - dating the application for moorage to the first day of the current month. Section 2. Section 7.10.615 of the Seward City Code is amended as follows (additions listed in bold italic, deletions listed in stfiketlifetigl* 7.10.615 - Fee collection. A. Invoicing. Invoices for fees shall be due upon receipt. Invoices may be delivered personally or mailed on a monthly or other basis to the last address provided to the Harbormaster. It is the harbor user's obligation to notify the Harbormaster in writing of any changes in address. B. Payment. Mooring fees shall be due and payable in advance. Payment shall be made at the harbor. C. Refunds. Refunds are not automatically available to vessels departing the harbor; only vessels that no longer require transient or reserved moorage may receive a refund. If a vessel owner desires a refund of prepaid moorage, the vessel owner must make a request, in writing, to the Harbormaster. All refunds will be calculated from the date of notice as follows: 1. Daily moorage fees. Refunds for prepaid daily moorage will be limited to the unused moorage days. 2. Ouartcrly moorage fees. Rcfunds for prepaid quarterly moorage will be noticc. 3,2. Semi - annual moorage fees. If a request for a refund is made, a refund for prepaid semi -annual moorage will be limited to the original payment made minus the combination of the quarterly, monthly and daily rates from the start of the semi -annual period through the date of notice. 43. Annual moorage fees. If a request for a refund is made, the refund for prepaid annual moorage will be limited to the original payment made minus the combination of the semi - annual quaFtefly, monthly and daily rates from the start of the annual period through the date of notice. rate. D. Transfer from transient moorage to reserved moorage. Transient vessels that have prepaid moorage and then, due to the waitlist process, are offered a slip will be charged for moorage in accordance with the appropriate section of the harbor • tariff. _. .. .. . . k. _ ., ., ... .. 1 CITY OF SEWARD, ALASKA ORDINANCE 2013 -009 • ... ., _ .. Y.. - .. .., .., _ .. Section 3. This ordinance shall take effect ten (10) days following its enactment. ENACTED BY CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 28 day of May, 2013. THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) 1 0 Council Agenda Statement Meeting Date: May 13, 2013 s Through: Jim Hunt, City Manager From: Mack Funk, Harbormaster 'tq w P 4 Agenda Item: ELIMINATE QUARTERLY MOORAGE RATES BACKGROUND & JUSTIFICATION: In 2011 the City Council approved a change to the harbor tariff to eliminate quarterly rates. However, the City Code was never revised to correctly reflect the change. In order to implement this change, two City Code sections need to be modified: 7.10.315 and 7.10.615. o q INTENT: The purpose of Ordinance 2013 - 6 is to eliminate quarterly rates from the City Code. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (document source here): Encourage a thriving port 1. of Seward through harbor improvements, infrastructure expansion, and X implementation of management plans. (page 23) Strategic Plan (document source here): Adjust local development 2. regulations where appropriate, to encourage development that is X consistent with our economic vision. (Page 5) 3. Other (list): X FISCAL NOTE: There is no fiscal impact associated with this change. Approved by Finance Department: 4. ,fild ATTORNEY REVIEW: Yes X No RECOMMENDATION: Opa Approve for introduction Ordinance 2013- making changes to Title 7 of the City Code. Sponsored by: Planning and Zoning Commission CITY OF SEWARD, ALASKA RESOLUTION 2013 -034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, RECOMMENDING KENAI PENINSULA BOROUGH APPROVAL OF THE PRELIMINARY REPLAT OF THE GATEWAY SUBDIVISION, CREATING FOUR TRACTS TO BE KNOWN AS TRACTS C4, C5, C6 AND C7, GATEWAY SUBDIVISION ADDITION NO. 2 AND DEDICATING THE RIGHTS -OF -WAY EXTENSIONS TO BE KNOWN AS OLYMPIA ROAD AND AFOGNAK AVENUE, LOCATED WITHIN THE SE '/4 SECTION 33; WITHIN THE SINGLE FAMILY ZONING DISTRICT WHEREAS, CRW Engineering Group, LLC has submitted a preliminary plat to the City of Seward for review and recommendation to the Kenai Peninsula Borough; and WHEREAS, this replat subdivides the existing Tract C -1, Gateway Subdivision into four (4) parcels to be known as Tracts C4, C5, C6 and C7, containing approximately 33.55 acres; and WHEREAS, this replat dedicates the extension of two platted rights -of -way, Afognak Avenue and Olympia Road and numerous utility easements; and WHEREAS, the 1.44 acre Tract C -6, located in the northeast corner of this subdivision is the proposed site for the new City water tank; and WHEREAS, the property within this replat is all zoned Single Family Residential (R1); and WHEREAS, this subdivision area is not currently serviced by municipal water, sewer, electric, other utilities or constructed public rights -of -way; therefore a subdivision installation agreement is required before final approval recording of this replat; and WHEREAS, on May 7, 2013 the Planning and Zoning Commission held the required public hearing and approved Resolution 2013 -07 recommending City Council and the Kenai Peninsula Borough approval of the Gateway Subdivision No. 2 replat; and WHEREAS, the Planning and Zoning Commission further recommended the City Council approve the dedication of the rights -of -way for the extension of Afognak Avenue and Olympia Road as proposed by the Gateway Subdivision Addition No. 2 replat. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: la CITY OF SEWARD, ALASKA RESOLUTION 2013 -034 Section 1. The Seward City Council approves the submittal of the Gateway Subdivision Addition No. 2 replat, subject to conditions approved by P &Z Resolution 2013 -07, to the Kenai Peninsula Borough for final approval. Section 2. The Seward City Council further approves the dedication of Rights -of -way for Afognak Avenue and Olympia Road as proposed by the Gateway Subdivision, Replat No.2. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 28 day of May, 2013. THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) 13 Agenda Statement e4of sew Meeting Date: May 28, 2013 v CZ*0 To: City Council q �P SK Through: Jim Hunt, City Manager Ron Long, Assistant City Manager From: Donna Glenz, Planner Agenda Item: Resolution ,2013 -034 recommending City Council and Kenai Peninsula Borough approval of the Gateway Subdivision Addition No. 2, Replat BACKGROUND & JUSTIFICATION: Attached for the Councils revipAt 44d 'recommendation to the Kenai Peninsula Borough Planning Commission is a preliminary plat submitted by CRW Engineering Group, LLC. In accordance with Kenai Peninsula Borough code 20.12.050 all subdivision or resubdivision of land located within the City limits shall be approved by the city before being submitted to the Borough. The proposed replat subdivides the existing Tract C -1, Gateway Subdivision into four (4) parcels to be known as Tracts C4, C5, C6.and C7, containing approximately 33.55 acres. This platting action will dedicate the 60 foot Rights -of -Way extensions of Olympia Road and Afognak Avenue, providing legal dedication of Olympia Road through to Afognak Avenue. Also dedicated are numerous utility easements. Tract C -6, located in the northeast corner of this subdivision is the proposed site for the new City water storage tank. This tract is accessed via the existing 34 foot right -of -way known as Hemlock Street and the 33 foot section line easement, running south from the intersection of Hemlock and Afognak Avenues. SUBDIVISION REVIEW: Zoning: The parcels within this replat are within the Single Family Zoning District. The zoning surrounding the replat is as follows: Single and Multi- Family zoning to the south and west, Institutional and Single Family zoning to the east and Rural Residential and Resource Management zoning to the north Utilities: The subdivision area is not currently serviced by municipal water, sewer, electric, other utilities or constructed public rights -of -way; therefore a subdivision installation agreement is required before final approval recording of this replat. Staff is currently working on a subdivision agreement. Existing Uses: There is currently no infrastructure or permanent structures located within this replat area. Flood Zone: This area is not located within a Special Flood Hazard Area. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (2020): 3.2 Land Use 3.2.1 Promote residential and commercial development within the City of Seward and its vicinity in accordance with community values 1 ' X Public Safety Establish alternative north -south routes throughout the community for emergency evacuations. Page 14. 2. Strategic Plan: X 3. Other (list): X Staff Comments: Community Development staff has held several meetings with department heads to review and discuss this platting action. All concerns have been addressed or will be through the Subdivision Agreement and all City department heads recommend approval of this preliminary replat. INTENT Review and recommend to Kenai Peninsula Borough Platting Commission the Gateway Subdivision Replat Addition No. 2. Approve the dedication of Rights -of -way extensions for Afognak Avenue and Olympia Road FISCAL NOTE: Costs of this replat were covered with the funds for the new water storage tank location funds. Approved by Finance Department:. A t. - 11 -� k4 t% 111 0 ATTORNEY REVIEW: Yes No X RECOMMENDATION: Approve Resolution 2013 -034 recommending Kenai Peninsula Borough approval of the Gateway Subdivision, Addition No. 2, replat, subject to conditions listed in P &Z Resolution 2013 -07. Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2013 -07 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL AND KENAI PENINSULA BOROUGH APPROVAL OF THE PRELIMINARY REPLAT OF THE GATEWAY SUBDIVISION, CREATING FOUR TRACTS TO BE KNOWN AS TRACTS C4, C5, C6 AND C7, GATEWAY SUBDIVISION ADDITION NO. 2 AND DEDICATING THE RIGHTS -OF -WAY EXTENSIONS TO BE KNOWN AS OLYMPIA ROAD AND AFOGNAK AVENUE, LOCATED WITHIN THE SE '/4 SECTION 33; WITHIN THE SINGLE FAMILY ZONING DISTRICT WHEREAS, CRW Engineering Group, LLC has submitted a preliminary plat to the City of Seward for review and recommendation to the Kenai Peninsula Borough; and WHEREAS, this replat subdivides the existing Tract C -1, Gateway Subdivision into four (4) parcels to be known as Tracts C4, C5, C6 and C7, containing approximately 33.55 acres; and WHEREAS, this replat dedicates the extension of two platted rights -of -way, Afognak Avenue and Olympia Road and numerous utility easements; and WHEREAS, the 1.44 acre Tract C -6, located in the northeast corner of this subdivision is the proposed site for the new City water tank; and WHEREAS, the property within this replat is all zoned Single Family Residential (R1), with Single and Multi- Family zoning to the south and west, Institutional and Single Family zoning to the east and Rural Residential and Resource Management zoning to the north; and WHEREAS, this subdivision area is not currently serviced by municipal water, sewer, electric, other utilities or constructed public rights -of -way; therefore a subdivision installation agreement is required before final approval recording of this replat; 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 1 to Seward Planning and Zoning Commission Resolution No. 2013 -07 Page 2 of 3 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 Gateway Subdivision Addition No. 2 replat, subject to certain condition, to the Kenai Peninsula Borough for approval. Section 2. The Commission further recommends the City Council approve the dedication of rights -of -way for the extension of Afognak Avenue and Olympia Road as proposed by the Gateway Subdivision Addition No. 2 replat. Section 3. The Commission further recommends Kenai Peninsula Borough approve of the Gateway Subdivision Addition No. 2 replat subject to the following conditions: 1. A subdivision agreement or an exception to a subdivision agreement shall be entered into before this preliminary plat is finalized for recording by Kenai Peninsula Borough. 2. The surveyor shall work with the City Electric and Public Works Departments to provide utility easements for all existing and proposed utilities. 3. Proposed rights -of -way extension for Olympia Road and Afognak Avenue shall be labeled on the final plat, officially naming the corresponding rights -of -way. 4. Correct note 2, replacing the Kenai Peninsula Borough with the City of Seward. 5. Correct the Section number to 33 in the Title Box. Section 4. This resolution shall take effect immediately upon its adoption. fl Seward Planning and Zoning Commission Resolution No. 2013 -07 Page 3 of 3 PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7 day of May, 2013. THE CITY OF SEWARD, ALASKA 7 Sandie Roach', Chaff AYES: Campestre, Fleming, Ecklund, McClure, Roach' NOES: None ABSENT: Butts ABSTAIN: None VACANT: One ATTEST: r. t Jo lama Kimsey, C LCyty Clerk (City Seal) �w Of 2 ,,i ♦ n a 01v,�y * n SEAL 0 5a YB � O � nW `' Il e 1, t ;y ,4 %P �`' ,c1,, City of Seward, Alaska Planning Commission Minutes May 7, 2013 Volume 7, Page 22 New Business Items requiring a Public Hearing — Resolution 2013 -07 of the Planning and Zoning Commission of the City of Seward, Alaska, recommending City Council and Kenai Peninsula Borough approval of the preliminary replat of the Gateway Subdivision, creating four tracts to be known as Tracts C4, C5, and C7, Gateway Subdivision Addition No. 2 and dedicating the rights -of -way extensions to be known as Olympia Road and Afognak Avenue, located within the SE '/ Section 33; within the Single Family Zoning District Glenz noted the location of the proposed replat and - cribed the zoning designation for the surrounding properties. The City of Seward was workin' , o '`P.otiate the purchase of Tract C -6 to install a new water storage tank. Glenz describee, + /`' e rights -of -way extensions and referred Commissioners to displayed wall maps. The subdivision was not served by utilities and sta °'-, Z preparing a subdivision agreement. Glenz said public questions regarding the replat had been"i" ered and additional information was provided. n Ecklund asked if the subdivision agreement would be place before the plat was approved. Glenz said staff, , pre • • the agreement and it would be prepared before the plat was finalized by the Ke nsula B Q >ugh platting authority. Notice of public hea F p . *published as required by law was noted and the public hearing was open i,41. James Allen, whose residenc:aR3,.,, dear the proposed replat, asked if Tract C -5 would be divided into two parcels. Allen asked sublic traffic would be traveling the rights -of -way as soon as the plat was finalized. Virginia Allen, whose residence was near the proposed replat, asked if the public's questions regarding the proposed replat could be provided. Motion (Ecklund /Fleming) Approve Resolution 2013 -07 Campestre asked what questions the public may have asked regarding the proposed replat. Glenz said she spoke with the Allens twice explaining the rights -of -way access and all other aspects of the replat. Glenz noted that she also spoke with Seward resident Carol Griswold, and the same questions were asked and answered. k 1 City of Seward, Alaska Planning Commission Minutes May 7, 2013 Volume 7, Page 23 Glenz addressed James Allen's question regarding right -of -way development, stating that there was no immediate plan to develop, maintain or plow the road that would be platted through the 33.55 acres. Ecklund requested that future platting actions include former plat maps, as well as proposed plats. Glenz said older plats would be added to meeting packets. Roach' asked if the City would police the area or if the City might clean in the area of the platted rights -of -way. Glenz asked if Public Works Director W.C. Casey .uld explain the intended uses of the proposed rights -of -way extensions. W.C. Casey, who was in the audience, sai *��;'`��, .ghts- 4 in lesser developed parts of the City are cleaned and patrolled. The rights -of -way unt dis }, >. might not be developed any time soon. The City did not intend to cut brush or open a {¢ ty of the rights -of -way easements, but could clean the areas, if needed., `Fn, } ■p . Ecklund asked if the issue of splitting Tract C -5 had beef " 1_ Iughly discussed with the applicants. Glenz said the surya: ; ,,,. A tractor and the applicant were in agreement with the proposed plat configuration. Seward Public W l._ em ''` ee Nort Adelmann spoke to Commissioners and explained • that the Water Department e o. • •, f" , i, '`4•,:e.•• • • . here water lines were buried. Motion Passed ‘7 Ss4P1,, Unanimous as / ,/ ,i-- ____ f...=1■4■Zeni ,o / /' \ \ .,......, 4 ,.., ...,. / \ Legend .-.. / , I , ,c/ \ ti S r.,,,, .." . Conc. Cop Moran. 1( t ''' - 4 i.EleAr ■ 5.,. ,,',/ 4 ',...!-- \ ' T O c= -..-- ., P...... j .....r 1... / IS / 1 PIot ..' ...' . ■wm■ / / 4 4 ' >lot (2005-37 ,,' , / ,.., a ..11 ;,, Inl Reouc per Pin 1359 -r'- i Ili kV: enicti - fiA . • 7.1 , -ALA / , see s, a, 753.r. \ ' `'ii '' ', , 1 ■ , sem se ..er 2, 21 1 i ' '" ' -. . . -‘ ■ I i 'j' . . Al ' S 1 i . 1 ! 5 i ' '-' .. . r ii7) I P ""_ . . 6 dif TRACT • 20 G ,,,,,,,O,,..,41%., ,_:___4. „o o: J.... . TRACT C - 6 I, Plot (84-18) / moo. 10 ci 1.44 Acres li - — - - / e __ -__..,e , ,.-.--- --: ___ .."....--;:- TRACT C-5 : . ; r.. , ... - ■"... ,............, VICINITY MAP '- 3.07 Acr s 0 ... es. r ■ R 0 ir Ozoon 3255 4 0 „...\„, ,......, ,o. § , ,„,,' „.........,..,... c ; Certificate of Ownership and Dedication boom.. occeno . cm Crew --\\_, 4 TI '' t -'./C''''' \,. '‘,. r We hood, cert.,. (hal we ore the oene(s el the (ea aroPoil shOwo onc 4 — --- R deariced (lemon and dot a here, coopt tn, plan of suo4nsoo ond by - i',' /'-..- C(etnt so \ \‘...,/,' cm.. Sea Lne N_ our free consent grant PI oosomeris to tne use shoerr _ --- 11 / c Ci0=0 ...„. O. / I! E. lw „ ----'‘-- ' ,/ "" ti .„: 19 , 1 S• ! un — .4 f ti -;7.:"(;50-7.-r Owner Dorulac Lecnner C5 %. >\, \ ..I -4 dba/ Acuenture Inveslmen1 ,/ .4. , 5 P 0 Flo• 229 .? / ' / Seca. AK 99664 ,' , ,' -- --,"'-',' ,...---__ ------ -- -- ,' ,/ ,, TRACT C-4 21.30 Acres tier 53 per s 'iii . 0 . , <.s - 2 Notary Acknowledgment • ...° c.'" ■ L ''''"Urigg!,,arrO " " ---- // / TRACT A "''-. Saha... anti sworn lo before me 1ms do o 2013 ; (' ' ' , , ( ' ( ( . — finetno Yoke lea ■ 'I. LI '.' ..'.... e ',,,,`"r",,_; TRACT C7 - TRACT C-I TT=0.7ZI f ... - "O. My canna. acnes Notary >uac / ' , 1 . so rfs ''''' - - ,,,_„, .... ........, ;/' i , e I Ownee Cort 14Oasey deo/ Aspatore Imestment >0 Be. 229 Seward AK 99664 , •• --'" ---- - n ',' / - 1 ('•::!';(100'.47r4 Notary Aelmowledgment a.,,,,....a ono sworn to oefore me ims aoy o' 2013_ Pm (84-110 -1 ' >1 04-1s. • TRACT El ---- — --- .., 1.4y connuss omens Not, P.. 0 i It\ . Plat Approval ■ . - --; - \ , --. -." Tms plat mos apprOued b4th Kau Rano.. enough Noma. s ■\ ' s • ,...-\ ----. 4.5 8 ....'" .......', \ (.42 34 (5,111(.1 :." Cornmsson at the meet _ \, . , ', . 14 Cenle) 51 , ..14 Borougn OffOiat po‘, c „. " `• / ."- row a:- olineto g & , ... ..., ., ' N 4 / ------ ? 7 / . t ii / \ s ,, ',./ • 2_ .2,... 1 - ..,,a,-., - UT.Z J „: .:: I , ""''''' A>. ` _,, p , - - . 0": -- • VI(o (05-S, ( l •,;. c o .5 d,.., ,...." ,..... / u) 0 , ,,,, , ) Fa 015. / ‘,,,, ,(//,•,' 2. N' ') , ------- - - 4 1 ...c c.' ,O o o ... (i''' — ' 4 .34 - ---,..,- ,....,..1 ,o; ,,,‘,.,.‘„, , t ,, .,, \ „ __. 2 ; ' -- , . -., %, , ,, I , ,, •;;,., ,-;-;:..---- \ . . 1 r- - -- / 4.1 /, , , . I ' : Pa (e4-181% • 1 I Plot (85 , 2 . . t ,/ ,s ...„ . . , ,- L '''.. ...... TA.. c.... Tel. GATEWAY SUBDIVISION ADD No. 2 Tracts C4, C5, C6 & C7 C13 1 69 9er .00 IOC... 1 WS 23 26, 69 IT c2 C1 1 1 5:: m. 0 1 413'011 0.1 06 .: Notes Surveyor's Certificate A. SubMwoon of 34, 209 4, 1 TO, plot supdades Tract C-1 (Plat 85-9). tato four Trocts. C-, C-5 C-6 & C-2 I Mich.( L Jot., ,ereby certify Mot I am properly Tract C-1. Gateway Suhdioson per Plat Wu., 115-9 •ecorded waho roosterec nea liar...0 to ...nee lad no o R. 5(0(e the Seward Recording District. Third Judicial Dolt, State of AICSCO, ‘• I 1, .00 .9 CM 3 00, 202.8 1 CM MOW 2000 (55 'Son 011 2O9e 2 Ths property , s located (Who Flood Z. C. areas of minimal laocap, as shown on the o' Mask, Ims plot ',resents o ..., modo bY me c ... located within the sr 1/4 Section 13. TN MW. Sew er. ard G.. City cs 1 3141 roco Je9s9.5.9. •13 30 00 26 2/7 E CI, Ot So ',OW' 034 , 216 41 441 101.3S (02 nsronce Rote Mao. Kam Penn., 8.4040. Stole al Alcoa Communay Ponel my 52403 supervision the mocuments shown hereon actuolly of Seword. Keno, Penineul0 Borough. 210020 Contain, 3355 aciies, ' ON 30. NW 45 30T 94 22' ! cm 200P moo 005 .n. 0 3.3 23 62" Plumper 020012 3255 A, elect.% dot• May 19 1981, Cede Emergency Monogemont aro as closcrbd and all ohmensons and other del. are correct to he norrnoi sten/sores of proctoo of lOnd Survey, C 1 6 : . 30 : 01 N57 •7 52, 6110 i ,..., 2,,,, ,,,,:, co 0.2.,. , sy, , ,,... 2., ,, CR. n the Slate of Aiwa ce I 3T o , 200c 'airr5454 soe 30 00 not 1 C20 '99 30 300. 03803. SIT Or 53 T. 65 3 U., a...on is submcl ic, the Gay of Sowards 2onn. and Lana Ilse Recotalons co 1 227 M , 41322 o3osono- OM 45 o(5, 22433 , C T ,... > 2 . ,311, '. , (>. > e T.. 4 No permanent StruClure may se consouctee or ptac. with. o ubity eosemat thot •ould 4 c'' ', ,N, -,..,- gill. CRW Engineering Croup.1.1C cm 3143 . cow , °soon. 1444 5,5s, 20.2, C21 423,5 2.. ■0 73 . 569 , 5 • NO OS olerfere mtn the 01,114y of a ut,lity ....se the oosemen1 .:"; - SU,* '.7c, 3910 Arctic Sled, Suite 300 ..,... ■ N SP 2 ... 12W AnC110(04e. Aloslio. 9950 C12 ink". ' 93eS (5,9.32 545 45, .33 4 , V ''''7 ENGleC-ERING °ROM: LLC ,.. , „r'' ii ,..,., go 'amigo ccaein Se AJR 5240 Owl. By ,., 2240 Boon 50 2009-03 Cote '1/29/2012 Sponsored by: Hunt Introduction Date: April 22, 2013 First Public Hearing: May 28, 2013 Second Public Hearing: Aug 12, 2013 Third Public Hearing and Enactment: Sept. 9, 2013 CITY OF SEWARD, ALASKA ORDINANCE 2013 -007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE CITY OF SEWARD CODE, SECTION 12.05.021, ADOPTING THE 2012 EDITION OF THE INTERNATIONAL RESIDENTIAL CODE (IRC), INCLUDING REVISIONS WHEREAS, the City of Seward currently administers the 2006 International Residential Code (IRC); and WHEREAS, the most recent International Residential Code (IRC) is the 2012 edition; and WHEREAS, it is important to remain current for the purpose of recognizing new building techniques and materials:. and WHEREAS, because the current 2012 IRC is the most commonly used industry standard by architects and engineers, our citizens will benefit from more efficient and cost - effective design services if the City of Seward adopts this edition; and WHEREAS, the City of Seward has included additional amendments to modify the code for Seward's climatic, geographic and seismic conditions and to set local fees. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINS that: Section 1. The Seward City Code Section 12.05.021 is deleted in its entirety and replaced with the following: 12.05.021 International Residential Code Adopted. A. The International Residential Code, 2012 Edition, approved and published by the International Code Council (Consisting of the Building Officials Code Administrators (BOCA); the International Conference of Building Officials (ICBO), and the Southern Building Code Congress International, Inc. (SBCCI)), is hereby designated and shall be known as the Seward residential code and shall constitute the laws of the city relating to residential building CITY OF SEWARD, ALASKA ORDINANCE 2013 -007 Page 2 of 17 regulation. Although not published in full in this section, all of the provisions of the International Residential Code, 2012 Edition, except as provided in subsection D. of this section, shall be and are hereby adopted by reference to the same extent as if set forth in full in this section except to the extent that the International Residential Code shall be in conflict with this code or any relevant ordinance later adopted, in which case the provisions of this code shall prevail. B. The City of Seward shall possess three copies of the city designated edition of the International Residential Code, for public use, inspection and examination, so long as the provisions thereof remain in force. C. The International Residential Code (IRC) is adopted to regulate all residential occupancies and buildings in the City of Seward. It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, remove, improve, convert, demolish, or equip any building or structure in the city, or cause or permit the same to be done, contrary to or in violation of any of the provisions of the International Residential Code adopted and incorporated as the Seward residential building code by this section. D. The International Residential Code (IRC), 2012 Edition, adopted in Subsection A of this section, is hereby amended by adopting the following revisions and exceptions to the I.R.C.: The IRC is revised by deleting all references to the "International Fuel Gas Code ", with the exception of chapter 6 and 7 and all references to the "International Plumbing Code" and replacing them with "Plumbing Code as adopted by the Department of Labor ". (1) Chapter 1, Section R101.1, of the I.R.C. is revised by inserting "City of Seward" as "name of jurisdiction." (2) Chapter 1, Section R102.7, of the I.R.C. is revised by deleting the words "the International Property Maintenance Code or ". (3) Chapter 1, Section R103, of the IRC is revised by replacing the existing title "DEPARTMENT OF BUILDING SAFETY" with "BUILDING DEPARTMENT ". (4) Chapter 1, Section R103.1 CREATION OF ENFORCEMENT AGENCY, is revised by a'b CITY OF SEWARD, ALASKA ORDINANCE 2013 -007 Page 3 of 17 deleting the entire paragraph and title and replacing it with "GENERAL. The official in charge of enforcing the provisions of this code will be known as the Building Official. The Building Official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code." (5) Chapter 1, Section R105.3.1.1, SUBSTANTIALLY IMPROVED OR SUBSTANTIALLY DAMAGED EXISTING BUILDINGS AND STRUCTURES, is revised by deleting "Table R301.2 (1)" and inserting the words "City of Seward Ordinance Section 9.15.140." (6) Chapter 1, Section R106.1.3, INFORMATIONAL FOR CONSTRUCTION IN FLOOD HAZARD ARES, is revised by deleting "Table R301.2(1)" and inserting the words "City of Seward Ordinance 15.25 ". (7) Chapter 1, Section R108.2, SCHEDULE OF PERMIT FEES, is amended by deleting all after "in accordance with " and inserting the words " Table 1 -A, Building Permit Fees" and inserting Table 1 -A in the text. Table 1 -A TABLE 1 -A BUILDING PERMIT FEES Total Valuation Fee $1.00 to $500.00 $23.50 $501.00 to $2,000.00 $23.50 for the first $500.00 plus $3.05 for each additional $100.00, or fraction thereof, to and including $2,000.00 $2,001.00 to $25,000.00 $69.25 for first $2,000.00 plus $14.00 for each additional $1000.00, or fraction thereof, to and including $25,000.00. $25,001.00 to $50,000.00 $391.25 for the first $25,000.00 plus $10.10 for each additional $1,000.00, or fraction thereof, up to and including $50,000.00 DNA CITY OF SEWARD, ALASKA ORDINANCE 2013 -007 Page 4 of 17 $50,001.00 to $100,000.00 $643.75 for the first $50,000.00 plus $7.00 for each additional $1,000.00, or fraction thereof, up to and including $100,000.00. $100,001.00 to $500,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00, or fraction thereof, up to and including $500,000.00. $500,001.00 to $1,000,000.00 $3,233.75 for the first $500,000.00 plus $4.75 for each additional $1,000.00, or fraction thereof, up to and including $1,000,000.00. $1,000,001.00 and up $5,608.75 for the first $1,000,000.00 plus $3.15 for each $1,000.00, or fraction thereof. Other Inspections and Fees 1. Inspections outside of normal business hours... $47.00 per hour 2. Inspections for which no fee is specifically indicated. 3. Additional plan review required by $47.00 per hour changes, additions or revisions to plans (minimum charge - one -half hour). $47.00 per hour 4. For use of outside consultants for plan checking and inspections, or Actual Costs both (8) Chapter 1, Section R111, SERVICE UTILITIES, is deleted in its entirety. (9) Chapter 1, Section R112.1 GENERAL, is amended by adding the words "consisting of the City Council of the City of Seward." after the words "hereby created a board of appeals." The period after the word "appeals" is deleted and the third sentence starting with the words "the board of appeals shall...." is deleted in its entirety. (10) Chapter 1, Section R112.3, QUALIFICATIONS, is amended by deleting the entire paragraph and title. (11) Chapter 3, Table R301.2(1), CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA, a5 CITY OF SEWARD, ALASKA ORDINANCE 2013 -007 Page 5 of 17 CITY OF SEWARD, ALASKA ORDINANCE 2013 -007 Page 6 of 17 TABLE R301.2 (1) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA Add the following information in the table: Roof Snow Load 80 psf Uniform Roof Snow Load 80 psf Wind Speed 100 mph Seismic Design Category D 2 Weathering Severe Frost Line Depth 42 inches Termite None — Slight Winter Design Temp. -20 Degrees F Ice Barrier Underlayment required Yes Flood Hazards Yes, see Flood Hazards Maps Air Freeze Index 1673 Mean Annual Temp. 39 Degrees F Decay Slight — Moderate (12) Chapter 3, Section R302.5.1 Opening protection is amended by adding a sentence at the end of the section "All door openings between garage and residence must be equipped with smoke gaskets." (13) Chapter 3, Section R302.6 Dwelling /Garage fire separation is amended by changing the first sentence to read "The garage shall be separated from the residence by a minimum of one hour occupancy separation" and delete table R302.6. (14) Chapter 3, SectionR302.7 Under -stair protection is amended by replacing '/2- inch with "5/8- inch" (15) Chapter 3, Section R310.1 EMERGENCY ESCAPE AND RESCUE REQUIRED is amended by numbering exception in the IRC Code 1. and adding exception number 2: 2. Where windows are provided as a means of escape or rescue in a basement, they shall have a finished sill height of not more than 48 inches above the finished floor." (16) Chapter 3, Section R313.1 TOWNHOUSE AUTOMATIC FIRE SPRINKLER SYSTEMS is amended by at the end of the sentence adding; "that exceeds a total of 3600 al CITY OF SEWARD, ALASKA ORDINANCE 2013 -007 Page 7 of 17 square feet per unit or as required by the International Fire Code as adopted ". (17) Chapter 3, Section R313.1 EXCEPTION is amended by at the end of the sentence adding; "unless the total square footage per unit exceeds 3600 square feet." (18) Chapter 3, Section R313.2 ONE AND TWO- FAMILY DWELLINGS AUTOMATIC FIRE SYSTEMS is amended by at the end of the sentence adding; "that exceeds a total of 3600 square feet per unit or as required by the International Fire Code as adopted ". (19) Chapter 3, Section R313.2 EXCEPTION is amended by at the end of the sentence adding; "unless the total square footage per unit exceeds 3600 square feet." (20) Chapter 3, R315 CARBON MONOXIDE ALARMS Add new subsection: R315.1.1 In new construction, carbon monoxide alarms shall receive their primary power from the building wiring where such wiring is served from a commercial source and shall be equipped with a battery back -up. Wiring shall be permanent and without disconnecting switch other than those required for overcurrent protection. In existing construction, carbon monoxide detectors shall be permitted to be battery powered or cord - and -plug type with battery backup. (21) Chapter 3, Section R317.3.1 FASTENERS FOR PRESERVATIVE - TREATED WOOD is amended by deleting the exceptions. (22) Chapter 3, section R322.1 GENERAL is amended by replacing the words " in Table 301.2(1)" with the words "by the City of Seward Flood Zone Maps" (23) Chapter 3 Section 322.1.7 PROTECTION OF WATER SUPPLY AND SANITARY SEWAGE SYSTEMS, in the last sentence, delete all after "plumbing provisions of this code" and insert a period after "code ". (24) Chapter 3, section R324.1.6 PROTECTION OF WATER SUPPLY AND SANITARY SEWAGE SYSTEMS, in the last sentence, delete all after "plumbing provisions of this code" and insert a period after "code ". (25) Chapter 4, Section R401.1 APPLICATION is amended by deleting "Table R301.2 (1)" and replacing it with "City of Seward Flood Zone Maps" (26) Chapter 4, Section R403.1.3 SEISMIC REINFORCING, by deleting the Exception. CITY OF SEWARD, ALASKA ORDINANCE 2013 -007 Page 8 of 17 (27) Chapter 4, Section R403.1.6.1 FOUNDATION ANCHORAGE IN SEISMIC DESIGN CATEGORIES C, DO, D1 and D2 is amended by changing the anchor bolt spacing in item #2 and #3 to read "not more than 4 feet ", (28) Chapter 4, Section R404.1 Concrete and masonry foundation walls is deleted in its entirety. (29) Chapter 4, Section R404.1.1, MASONRY FOUNDATION WALLS, is deleted in its entirety. (30) Chapter 4, Section R404.1.2, CONCRETE FOUNDATION WALLS, is deleted in its entirety. (31) Chapter 4, Section R404.1.3, DESIGN REQUIRED is deleted in its entirety. (32) Chapter 4, Section R404.1.4 SEISMIC DESIGN CATEGORIES D1 AND D2, is deleted in its entirety. (33) Chapter 4, Table R404.1.1 (1), PLAIN CONCRETE AND PLAIN MASONRY FOUNDATION WALLS, is deleted in its entirety. (34) Chapter 4, Table R404.1.1 (2), REINFORCED CONCRETE AND MASONRY FOUNDATION WALLS, is deleted in its entirety. (35) Chapter 4, Table R404.1.1 (3), REINFORCED CONCRETE AND MASONRY FOUNDATION WALLS, is deleted in its entirety. (36) Chapter 4, Table R404.1.1 (4), REINFORCED CONCRETE AND MASONRY FOUNDATION WALLS, is deleted in its entirety. (37) Chapter 4, Section R404.3, WOOD SILL PLATES, Delete paragraph and substitute with the following: Wood sill plates shall be minimum 2 -inch by 6 -inch nominal lumber and shall be bolted to the foundation or foundation wall with not less than ten (10) inch by five- eights (5/8) inch nominal diameter galvanized steel bolts embedded at least seven (7) inches into the concrete or in fully grouted cells of reinforced masonry and spaced not more than four (4) feet zero (0) inches apart. There shall be a minimum of two bolts per piece with one bolt located within 12 inches of each end of each piece. Washers shall be galvanized and in accordance with a� CITY OF SEWARD, ALASKA ORDINANCE 2013 -007 Page 9 of 17 R602.11.1. Wood sill plates must be preservative- treated material as specified in Section R317.1. (38) Chapter 4, Section R404.3.1 is created, REINFORCED CONCRETE. 1. The minimum reinforcement for reinforced concrete shall be as follows: 12" Walls 10" Walls #4 @ 12" o.c. each face horizontal #4 @ 8" o.c. horizontal #4 @ 18" o.c. each face vertical #4 @ 12" o.c. vertical 8" Walls 6" Walls #4 @ 10" o.c. horizontal #4 @ 12" o.c. horizontal #4 @ 16" o.c. vertical #4 @ 18" o.c. vertical 2. Reinforced concrete walls shall be anchored to all floors and roofs in accordance with Chapter 16 and 19 of the International Building Code, 2000 edition. 3. All intersecting reinforced concrete walls shall be tied together. 4. All interior and exterior concrete walls shall be reinforced. 5. All structural members framing into or supported on concrete walls or columns shall be anchored. ALTERNATE REINFORCEMENT FOR CONCRETE WALLS 6" Walls ) #4 @ 12" hor. #3 @ 8" hor. #5 @ 13" hor. ) #4 @ 18 " vert. #3 @ 12 " vert. #5 @ 18 " vert. 8" Walls ) #4 @ 10" hor. #3 @ 5 1/2" hor. #5 @ 15" hor. ) #4 @ 16" vert. #3 @ 9" E.F. vert. #5 @ 18" vert. 10" Walls ) #4 @ 8" hor. #3 @ 9" E.F. hor. #5 @ 12" hor. ) #4 @ 12" vert #3 @ 15" E.F. vert. #5 @ 18" vert. 12" Walls ) #4 @ 12" E.F. Hor. #3 @ 7 1/2" E.F. hor. #5 @ 18" E.F. hor. ) #4 @ 18" E.F. vert. #3 @ 12" E.F. vert. #5 @ 18" E.F. vert. GO CITY OF SEWARD, ALASKA ORDINANCE 2013 -007 Page 10 of 17 (E.F. -Each Face - double row of bars) (39) Chapter 4, Figure 404 -31, TYPICAL FOUNDATION AND FOOTING DEPTH, is added as shown: TYPICAL EXTERIOR INTERIOR PONY WALL INTERIOR PONY WAIL FOUNDATION ON FOOTING ON CONCRETE FLOOR bottom tale nail per engineer 3 -160 per 16" ' 1 minimum Mgoimum 5' differential till between inside v shear well edge sisal M rim 0 1 •utside or engineered restraint required ersus sill connection per engineer I JOISTS PER PUN 6" mu poured Of CM wu9, II ; II ' I I 10" wall required when wall supports ('\ 3 floors or engineered design required. II 1 1 1 r r ` II� 26 treated hem -fir sill - thicker bet required for ' -- _ �~ 10• 6" fame t nailing potlerne (Geier con be used when Is. mil° shear wan ed nutting ) and anaw bob 6 � ,,, ( ,may are designed far cedar . spacing ,py�,��i 1III 6-1 & commercial: 5 /81.10 g anchor bolo ' w/ 7' embed. O 46' 0 2s3s3/16 pate withers CMU corneal no 5 ebar / 0 ' 32 " Single w family A duplex' 5/61.10 pa, anchor bona a w o / 30 doom, lap, horizontal n \/\ f�I li.= w/ 7" embed.° 46" oc. moor • 16" oc w/ 40 chum lap '� a Paurea, erncal na 5 rebar O 18" 4 I'I1;_'�R6 insulation, thermal barrier for loam plastic Insulation 6" 1 pY honxon no 5 rebar • or insulation approved for use without thermal barrier. oc ! 5 cc w/ 12" lap. See Handout 16. _ wire mesh optional /11L 150 felt 2 p hot mop �6 m polyllhYlMe moisture burner bnulhone approved ikw water proof bottom of f -.a L �° , ' 0 .— -- footw abov rode , - --`n L f0' , 10.16 ` footing, ( no / 5 `/ /\'I cave 5 k rebar 000bc 16" X 1, hook 1 require• reear continuous, 16" X ]' ( r I2 spe 3" cover k 12" splice 3\ CITY OF SEWARD, ALASKA ORDINANCE 2013 -007 Page 11 of 17 (40) Chapter 4, Figure 404 -31, TYPICAL PONY WALL FOR SPLIT LEVEL, is added as shown: 2x6 studs, exterior sheathing. shear wall edge nail per engineer, I bottom plate nail per engineer minimum 8d ® 6" oc. j minimum 3 -16d per 16" 8" poured or emu foundation wall, I 2X treated hem —fir sill with sill sealer — thicker si' 10" wall required when wall supports required for some nailing patterns (cedar can be 3 floors or engineered design required. used when shear wall edge nailing and anchor e::::2=- bolt spacing are designed for cedor ). 10' r 6" min. II1Ti R -1 & commercial: 5/8x10 poly. oncho belts 6 ,.� ' � Im. w/ 7" embed. 0 48" oc 2x2x3/16 plate was■iers v / \' \ \ �C; \ `;' A : Single fatuity duplex: 5 /8x10 galy. anchor Dolts \/ 33 a w/ 7" embed. . 48" oc. CMU: vertical no. 5 rebar 32" I1'I o. 5 rebar continuous oc, horizontal no. 5 rebar li 48" oc. 40 bar diameter splices. I �'I Maximum 5' differential fill between inside versus Poured: vertical no 5 rebar ® 18" 42 •utside or engineered restraint required. oc horizontal 16. 1 rebar 15" o 111111= or per r Handout 1 ut 16. 12" lop p splices. 15# felt 2 ply hot mop or terh or approved ` water proof bottom o bottom o '\ footing to above grade 0 ' 3 1/2" slob ntinuo / I (2) no. 5 rebar ontinuous s , 6" 3" cover and 12" c splice. Hook as required. 32: CITY OF SEWARD, ALASKA ORDINANCE 2013 -007 Page 12 of 17 (41) Chapter 4, figure 404 -37, TYPICAL BASEMENT FOUNDATION WALL, is added as shown: DO NOT BACKFILL ABOVE 4' UNTIL BLOCKING, FRAMING ANCHORS & PLYWOOD NAILS ARE INSTALLED. bottom plate nail per engineer minimum 3 -16d per 16" 5 -104 common or shear wall edge nail & nm 7 -10d box sheathing to I �to joist- biock,ng 5111 connection per engineer flush ngitl foam i 1111II= 'I "" • plastic insulation 'N.-N.. 1 "" above grade 10 Ila block 2 bays ® 16" oc when 61„------ _ _ I■ 'oists parallel to foundation wall, 11.= 0.4 11 = :'. : - 1ha j oists 16" oc max for joists perpendicWor to foundation wall. 6" clear to wood above soil min. - 2X8 treated hem -fir sill (cedar requires Yj bolts & edge nailing to be engineered). /8" golv. anchor bolts ® 12' oc. r =11 =II =e= I" 11= R10 insulation = I A t ea. jolt /block 1 w/ 10 -1Od- 1111= II =II � 11= 11= r 11 "II exterior or interior ,z o r A35 w 12 -Bd ea. side az offset II 1�= 11= 11= 11- 11 =11= 11=11= Iloll- 11= 11= 1�1� -11 =I / g�ll�lly11= �11� =�1- x,,11= n- l,lrl�- �l =,.�1 hors vertical no. 5 ® 16" oc, �-I C._ honzonlol no. 5 6 48" oc L _ 1 51 I 40 bur diomeler splices --- -- ins,de face 15# felt 2 ply hot moD poured: vertical no ®'8 oc, or bduthane or approved j horizontal no, 5 0 15" oc place reinforcement on Inside face water proof bottom of footing or per Handout 16, 24" splices. 1.5" clear for to above ade p Pained a /fire qr 1/4" to ce.I Ian em„ w/ fire grout ' '�!!� max wall height 13 course cmu or 8.5' 1/2 to ce for cmu w/ coarse yrou 8" poured or cmu foundation wall. 10" wall required when wall supports 3 rloars or analysis required free draining granular bock fill -\ :' 10016 footing . g standard hook 7.5" extension, (2) no. 5 continuou- a 3.25 bend radius if required. 12" lap splice •:i 4" slob w/ WWF6x6- 1.451.4, 6 mil visquene below slob or 4" drain tile or use treated sills for int, wails perforoted pipe if Ir indicoted .�_.I �O O :00.0:0.0- r J y r � t 0 _O 0 (42) Chapter 4, Section R406.1, BELOW GRADE MOISTURE BARRIER, delete the existing paragraph and substitute the following: "Foundation walls located below grade shall be damp proofed with either 2 -ply of 151b. hot - mopped felt, or 1 -ply of 30 lb hot - mopped felt, Bituthane or other approved materials." (43) Chapter 4, Section R406.3, Damp proofing for wood foundations, is deleted in its entirety. 33 CITY OF SEWARD, ALASKA ORDINANCE 2013 -007 Page 13 of 17 (44) Chapter 6, Section R601.3 MOISTURE CONTROL, In all framed walls, floors and roof /ceiling comprising elements of the building thermal envelope, a vapor retarder shall be installed on the warm -in- winter side of the insulation. (45) Chapter 6, Section R602.3.2, TOP PLATE, delete exception. (46) Chapter 7, Section R702.7 is amended to delete the words "interior side of frame walls" and replacing it with "warm in the winter side of the insulation" (47) Chapter 8, Section R802.10.3, BRACING, is amended by adding the following details and verbiage to the section: • i 1 3Lk CITY OF SEWARD, ALASKA ORDINANCE 2013 -007 Page 14 of 17 OPTION 3: THIS CONFIGURATION MAY BE USED IN LIEU OF FULL HEIGHT BLOCKS ABOVE EXTERIOR WALLS FOR TRUSSES WITH HEELS OF '1 1 1/4". SOLID 2X BLOCK MIN. 2X4 6" MAX — 2" MIN 8D 4" OC. MAX. TIGHTER NAILING -- 2" MAX. PATTERNS REQUIRE ENGINEERED DESIGN. ow" � 1 l ,w it ' � TRUSS UPLIFT CONNECTION PER ! DESIGNER DR HANDOUT RD 12 !� J - ARTIAL HEIGHT 2X BLOCK MIN. 2X10 FOR A 11 1/4" HEEL. NAIL SHEATHING TO CONNECT TOP PLATES BLOCKING PER SHEAR TO BLOCK PER SHEAR WALL WALL SCHEDULE. MIN. SCHEDULE / 8d 6" OC. SHEAR WALL Other configurations may be deemed acceptable when supported by calculations. (48) Chapter 8, R807.1, ATTIC ACCESS, is amended by adding the following: "Attic access shall not be located in a room containing bathing facilities. (49) Chapter 9, R903.4, ROOF DRAINAGE, is amended by adding the following sentence: Roofs and gutter downspouts shall not create a water flow that damages neighboring properties. (50) Chapter 9, Section R905.1 ROOF COVERING APPLICATION, is amended by adding a new sentence at the end of the paragraph " All roof coverings shall be fastened to 5/8" minimum solidly sheathed decks" (51) Chapter 9, Section R905.2.2 SLOPE, is amended by deleting the entire section and replacing it with the following: "Asphalt shingles shall only be used on roof slopes of three units vertical in 12 units horizontal or greater. Underlayment shall be in accordance with Section R905.2.7 and ice protection shall be in accordance with R905.2.7.1." (52) Chapter 9, Section 905.3.3.1, LOW SLOPE ROOFS, is amended by deleting the words underlayment shall be a minimum of two layers underlayment applies as follows:" and replace CITY OF SEWARD, ALASKA ORDINANCE 2013 -007 Page 15 of 17 with: underlayment shall be ice and water shield adhesive type of membrane covering the entire roof" Delete Items 1 and 2. (53) Chapter 9, Section R905.3.3.2, HIGH SLOPED ROOFS, is amended by deleting the words parallel to and starting from the eaves and lapped 2 inches (51 mm), fastened sufficiently in place" and replacing with: "....lapped 4 inches over ice protection. Lap subsequent layers 2 inches horizontally and 4 inches vertically to shed water continuing to the ridge, fastened sufficiently in place. Ice protection shall be in accordance with R905.2.7.1" (54) Chapter 9, Section R905.4, METAL ROOF SHINGLES, is amended by deleting subsections R905.4.1 through R905.4.3 and referring to R905.1, R905.2.2, R905.2.7 and R905.2.7.1. (55) Chapter 9, Section R905.5, MINERAL- SURFACED ROLL ROOFING, is amended by deleting subsections R905.4.1 through R905.5.3. Refer to R905.1; R905.2.2; R905.2.7 and R905.2.7.1. (56) Chapter 9, Section R905.6, SLATE AND SLATE -TYPE SHINGLES, is amended by deleting subsections R905.6.3. Refer to R905.2.7 and R905.2.7.1. (57) Chapter 9, Section R905.7, WOOD SHINGLES, is amended by deleting subsections R905.7.1 through R905.8.3. Refer to R905.1; R905.2.2; R905.2.7 and R905.2.7.1. (58) Chapter 9, Section R905.8, WOOD SHAKES, is amended by deleting subsections R905.8.1 through R905.7.3. Refer to R905.1; R905.2.2; R9052.7 and R9052.7.1. (59) Chapter 9, Section R905.9.1, SLOPE, is amended by deleting the words: "...except for coal - tar built -up roofs, which shall have a design slope of a minimum one - eighth unit vertical in 12 units horizontal (1- percent slope)." (60) Chapter 9, Section R905.10, METAL ROOF PANELS, is amended by deleting subsections R905.10.1 through R905.10.2. Refer to R905.1; R905.2.2; R905.2.7 and R905.2.7.1. 3b CITY OF SEWARD, ALASKA ORDINANCE 2013 -007 Page 16 of 17 (61) Chapter 9, Section R905.10.2, SLOPE is amended by adding the following to the end of the paragraph: "Install underlayment under all metal roof panels. Underlayment shall be one layer of Type 15 felt. Underlayment shall be installed, starting with 4 -inch lap -over ice protection. Each subsequent layer shall be lapped 2 inches horizontally, and 4 -inch vertically to shed water continuing to the ridge. Fasten sufficiently to hold in place. Ice protection shall be in accordance with R905.2.7.1" (62) Chapter 11, ENERGY EFFICIENCY, is amended by deleting the chapter in its entirety and replace it with the following: "Chapter 11, Energy Efficiency. All one- and two - family dwellings and townhouses shall comply with the following insulation standards." Minimum Insulation R -Value [(hrft2degF) /Btu] Minimum Ceilings Walls Basement Crawlspace Exposed Glazing Walls Walls Floors U- Factor Above Grade (Cantile vered Floors) Minimum 0.35 R-38 R -19 R -19 R -19 R-30 R -Value (63) Chapter 13, Section M1301.1 SCOPE is amended by in the last sentence deleting "and the International Fuel Gas Code." (64) Chapter 13, Section M1307.2 Anchorage of Appliances is amended by at the end of the section adding a sentence "Boilers shall be secured to resist earthquake motion by anchoring boiler and stand to wall or floor. Section 2. This ordinance shall take effect ten days after enactment. 31 CITY OF SEWARD, ALASKA ORDINANCE 2013 -007 Page 17 of 17 ENACTED by the City Council of the City of Seward, Alaska, this 12 day of August, 2013. THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) 3' Council Agenda Statement e , of s Meeting Date: April 22, 2013 ��_�'a Through: City Manager Jim Hunt 'OVA tf.r From: Building Inspector Stefan Nilsson Agenda Item: Adoption of the 2012 International Residential Code BACKGROUND & JUSTIFICATION: The City of Seward currently administers the 2006 International Residential Code for 1 -&- 2 family dwellings and townhouses. Every three years the International Residential Code goes through code development hearings where modifications to the code are approved and published by the International Code Council. The most recently published IRC is the 2012 edition. Both building and fire department are striving to stay current on all applicable codes because it is important to remain current for the purpose of recognizing new building techniques and materials. The Building Department supports adopting the 2012 edition of the IRC which will be similar to AHFC's reference adoption. In the 2012 IRC there are provisions /requirements for residential sprinklers in new construction for townhouses and 1 — 2 family dwellings (Section R 313.1 & Section 313.2). These sections require residential sprinklers in all structures regardless of size. There are exceptions in each section for existing buildings concerning additions or alterations, that a sprinkler system is not required. Because of a State Statute we are required to do specific tasks if /when we are considering requiring residential sprinklers. We are required by statute to advertise our intent to adopt an ordinance requiring residential sprinklers for thirty days before the first public hearing. We must have three public hearings no less than 60 days and no more than 180 days. If Council introduces this ordinance tonight, then staff will advertise the ordinance on April 25 the first public hearing on the ordinance will be scheduled for May 28 The second public hearing would be scheduled for June 24 and the third public hearing and enactment would be scheduled for August 12 2013. Staff is proposing an amendment to the sprinkler requirement; we feel the requirement of installing sprinklers in all new residential construction would be unfavorable to new development. We are proposing to require residential sprinklers in structures (1 -2 family dwellings & townhouses) that exceed 3,600 square feet. Most of these structures are wood frame construction (V -B). Our reasoning for selecting this square footage is this is where our fire flow requirements for this size of structure and type of construction changes from 1500 gallons per minute for two hours to 1750 gallons per minute for two hours (Ref IFCAppendix B Table B105.1). Currently our water system can supply around 1200 gallons per minute without impacting the neighborhoods very much. As we draw on the system to supply more water to fight a fire, the less pressure will be available to push the water to other neighborhoods. By putting sprinklers in these large structures or additions, we effectively reduce the impact on the water system. If we do not require sprinklers in these structures then not only will the water system be impacted, but we will also need to increase our ability to carry more water to the scene with water tankers. More vehicles being put into the Fire Department's inventory will require another building to store them in and more personnel to man them. The current 2012 IRC is commonly used as an industry standard by contractors, architects and engineers. Our citizens may benefit from more efficient and cost - effective design services if the City 3°� of Seward adopts this edition of the Residential Code. The Building Department has included additional amendments to modify the code for Seward's climatic, geographic and seismic conditions. Additional local amendments were also added to set local fees. The local fees are not being increased at this time. INTENT: To adopt a current building code consistent with State of Alaska requirements and local needs. CONSISTENCY CHECKLIST: Yes No N/A 1 Comprehensive Plan 2020 Vol -1 Section 3.8.1.4 pg28, Section 3.3.1.1 pg22, Section 3.2.1.1 pg20 X 2. Strategic Plan (document source here): X 3. Other (list): FISCAL NOTE: There is no fiscal impact to the City's annual budget. Approved by Finance Department: jGli..e C,Gu //,) ATTORNEY REVIEW: Yes X No RECOMMENDATION: Approve Ordinance 2013 -�, amending the City of Seward Code Section 12.05.021 International Residential Code Adopted by adopting the 2012 Edition of the International Residential Code (IRC), including all amendments /revisions. Agenda Statement oF SE Meeting Date: May 28, 2013 To: Mayor and City Council 444S•0" From: Johanna Kinney, City Cler Agenda Item: Recommended Public Hea • g Process for Ordinance 2013 -007 BACKGROUND & JUSTIFICATION: Ordinance 2013 -007 is amending Seward City Code 12.05.021 by adopting the 2012 edition of the International Residential Code (IRC), brought forth by administration in a revised format. Staff is proposing a revision to the 2012 IRC sprinkler requirement portion of this code, by requiring residential sprinklers in structures that exceed 3,600 square feet instead of requiring installation of sprinklers in all new residential construction. Because of this proposed requirement, Alaska State Statute 29.35.144 requires the municipality to hold three public hearings. After introduction of Ordinance 2013 -007, the City Clerk noticed three public hearing dates: May 28, 2013, August 12, 2013 and September 9, 2013. If council intends to enact this ordinance as proposed, they could enact as early as September 9, 2013 and no later than November 22, 2013, because the statute limits the time period of enactment to no less than 60 days and no more than 180 days after the first public hearing. RECOMMENDATION: If council wishes to consider this ordinance as proposed, the City Clerk's procedural recommendation for this ordinance is as follows: • For the May 28, 2013 meeting: Follow the City Council Rules of Procedure for public hearing items but without carrying out a final vote. If council wishes to discuss or amend the ordinance after the public hearing, a motion and second to enact should be made, but it is strongly recommended that the motion to enact then be postponed to the following public hearing meeting to August 12, 2013, and then again to September 9, 2013. If council does not wish to discuss or amend the ordinance at this meeting, the presiding officer can close the public hearing and the council can simply move to the next item on their agenda without a main motion and second to enact. It should be noted that citizens are always allowed and welcome to comment on this proposed ordinance. At the three public hearing dates listed above, the appropriate time would be under the public hearing. At any other meeting, the appropriate time would be under citizen comments. Council can always hold additional public hearings, have discussion items on future agendas, and hold work sessions as well. L-\\ DOC BodyPage http: / /www.legis. state. ak. us /basisflolioproxy .asp ?url= http: / /wwwjnu01... Sec. 29.35.144. Sprinkler systems in certain residential buildings. (a) Except as provided by (b) of this section, a municipality may not require a sprinkler fire protection system to be included in the construction of all new single - family residential buildings or in the construction of all new residential buildings with not more than two dwelling units. (b) A municipality may, by ordinance, require a sprinkler fire protection system to be included in the construction of all new single - family residential buildings, in the construction of all new residential buildings with not more than two dwelling units, or in both types of buildings. Before adopting an ordinance to implement this subsection, or before amending an ordinance to extend its coverage to residential buildings described in this subsection, in addition to complying with the other requirements relating to the adoption of an ordinance, the governing body of the municipality shall (1) notwithstanding the publication requirement in AS 29.25.020 (b)(3) or a comparable notice publication requirement of a home rule municipality, at least 30 days before the first scheduled public hearing for the ordinance, publish (A) a summary of the ordinance or ordinance amendment; and (B) a notice of the time and place of each scheduled public hearing on the proposed ordinance or amendment; and (2) notwithstanding the public hearing schedule requirement of AS 29.25.020(b)(6) or comparable public hearing scheduling requirement of a home rule municipality, schedule at least three public hearings on the proposed ordinance or ordinance amendment to be held within a period of not less than 60 days and not more than 180 days. (c) This section applies to home rule and general law municipalities. 1 of 1 U 4/11/2013 9:48 AM BUILDING PLANNING R311.8.3 Handrails required. Handrails shall be pro- 2. Guards on the open side of stairs shall not have vided on at least one side of all ramps exceeding a slope of openings which allow passage of a sphere 4' / one unit vertical in 12 units horizontal (8.33- percent inches (111 mm) in diameter. slope). R312.1.4 Exterior woodplastic composite guards. R311.8.3.1 Height. Handrail height, measured above Woodplastic composite guards shall comply with the pro - the finished surface of the ramp slope, shall be not less visions of Section R317.4. than 34 inches (864 mm) and not more than 38 inches R312.2 Window fall protection. Window fall protection ** (965 mm). shall be provided in accordance with Sections R312.2.1 and R311.8.3.2 Grip size. Handrails on ramps shall comply R312.2.2. with Section R311.7.8.3. R312.2.1 Window sills. In dwelling units, where the R311.8.3.3 Continuity. Handrails where required on opening of an operable window is located more than 72 ramps shall be continuous for the full length of the inches (1829 mm) above the finished grade or surface ramp. Handrail ends shall be returned or shall terminate below, the lowest part of the clear opening of the window in newel posts or safety terminals. Handrails adjacent shall be a minimum of 24 inches (610 mm) above the to a wall shall have a space of not less than 1'/ inches fininshed floor of the room in which the window is (38 mm) between the wall and the handrails. located. Operable sections of windows shall not permit openings that allow passage of a 4- inch - diameter (102 mm) sphere where such openings are located within 24 SECTION R312 inches (610 mm) of the finished floor. I GUARDS AND WINDOW FALL PROTECTION Exceptions: R312.1 Guards. Guards shall be provided in accordance with 1. Windows whose openings will not allow a 4- Sections R3 12.1.1 through 8312.1.4. inch- diameter (102 mm) sphere to pass through R312.1.1 Where required. Guards shall be located along the opening when the opening is in its largest open -sided walking surfaces, including stairs, ramps and opened position. landings, that are located more than 30 inches (762 mm) 2. Openings that are provided with window fall pre - measured vertically to the floor or grade below at any vention devices that comply with ASTM F 2090. point within 36 inches (914 mm) horizontally to the edge of the open side. Insect screening shall not be considered 3. Windows that are provided with window opening as a guard. control devices that comply with Section R312.2.2. R312.1.2 Height. Required guards at open -sided walking surfaces, including stairs, porches, balconies or landings, R312.2.2 Window opening control devices. Window shall be not less than 36 inches (914 mm) high measured opening control devices shall comply with ASTM F 2090. vertically above the adjacent walking surface, adjacent The window opening control device, after operation to fixed seating or the line connecting the leading edges of release the control device allowing the window to fully the treads. open, shall not reduce the minimum net clear opening area of the window unit to less than the area required by Sec - Exceptions: tion R310.1.1. 1. Guards on the open sides of stairs shall have a height not less than 34 inches (864 mm) mea SECTION R313 sured vertically from a line connecting the lead AUTOMATIC FIRE SPRINKLER SYSTEMS ing edges of the treads. 2. Where the top of the guard also serves as a hand- R313.1 Townhouse automatic fire sprinkler systems. An rail on the open sides of stairs, the top of the automatic residential fire sprinkler system shall be installed guard shall not be less than 34 inches (864 mm) in townhouses. and not more than 38 inches (965 mm) measured Exception: An automatic residential fire sprinkler system vertically from a line connecting the leading shall not be required when additions or alterations are edges of the treads. made to existing townhouses that do not have an automatic R312.1.3 Opening limitations. Required guards shall not residential fire sprinkler system installed. have openings from the walking surface to the required R313.1.1 Design and installation. Automatic residential guard height which allow passage of a sphere 4 inches fire sprinkler systems for townhouses shall be designed (102 mm) in diameter. and installed in accordance with Section P2904. Exceptions: R313.2 One- and two - family dwellings automatic fire sys- 1. The triangular openings at the open side of stair, tems. An automatic residential fire sprinkler system shall be formed by the riser, tread and bottom rail of a installed in one and two-family dwellings. guard, shall not allow passage of a sphere 6 Exception: An automatic residential fire sprinkler system inches (153 mm) in diameter. shall not be required for additions or alterations to exist - 62 2012 INTERNATIONAL RESIDENTIAL CODE LV3 BUILDING PLANNING „Ix, ing buildings that are not already provided with an auto- doors, or the addition of a porch or deck, are matic residential sprinkler system. exempt from the requirements of this section. R313.2.1 Design and installation. Automatic residential 2. Installation, alteration or repairs of plumbing or fire sprinkler systems shall be designed and installed in mechanical systems are exempt from the require - accordance with Section P2904 or NFPA 13D. ments of this section. R314.4 Power source. Smoke alarms shall receive their pri- SECTION R314 mary power from the building wiring when such wiring is SMOKE ALARMS served from a commercial source, and when primary power is interrupted, shall receive power from a battery. Wiring shall I R314.1 Smoke detection and notification. All smoke be permanent and without a disconnecting switch other than alarms shall be listed and labeled in accordance with UL 217 those required for overcurrent protection. and installed in accordance with the provisions of this code Exceptions: and the household fire warning equipment provisions of NFPA 72. 1. Smoke alarms shall be permitted to be battery oper- R314.2 Smoke detection systems. Household fire alarm sys- ated when installed in buildings without commercial tems installed in accordance with NFPA 72 that include Power. smoke alarms, or a combination of smoke detector and audi- 2. Hard wiring of smoke alarms in existing areas shall ble notification device installed as required by this section for not be required where the alterations or repairs do smoke alarms, shall be permitted. The household fire alarm not result in the removal of interior wall or ceiling system shall provide the same level of smoke detection and finishes exposing the structure, unless there is an alarm as required by this section for smoke alarms. Where a attic, crawl space or basement available which could household fire warning system is installed using a combina- provide access for hard wiring without the removal tion of smoke detector and audible notification device(s), it of interior finishes. shall become a permanent fixture of the occupancy and R314.5 Interconnection. Where more than one smoke alarm owned by the homeowner. The system shall be monitored by is required to be installed within an individual dwelling unit an approved supervising station and be maintained in accor- in accordance with Section R314.3, the alarm devices shall be dance with NFPA 72. interconnected in such a manner that the actuation of one Exception: Where smoke alarms are provided meeting the alarm will activate all of the alarms in the individual unit. requirements of Section R314.4. Physical interconnection of smoke alarms shall not be R314.3 Location. Smoke alarms shall be installed in the fol required where listed wireless alarms are installed and all lowing locations: alarms sound upon activation of one alarm. 1. In each sleeping room. Exception: Interconnection of smoke alarms in existing areas shall not be required where alterations or repairs do 2. Outside each separate sleeping area in the immediate not result in removal of interior wall or ceiling finishes vicinity of the bedrooms. exposing the structure, unless there is an attic, crawl space 3. On each additional story of the dwelling, including or basement available which could provide access for basements' and habitable attics but not including crawl interconnection without the removal of interior finishes. spaces and uninhabitable attics. In dwellings or dwell- ing units with split levels and without an intervening SECTION R315 door between the adjacent levels, a smoke alarm CARBON MONOXIDE ALARMS installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than R315.1 Carbon monoxide alarms. For new construction, an one full story below the upper level. approved carbon monoxide alarm shall be installed outside of R314.3.1 Alterations, repairs and additions. When each separate sleeping area in the immediate vicinity of the alterations, repairs or additions requiring a permit occur, bedrooms in dwelling units within which fuel fired appli or when one or more sleeping rooms are added or created antes are installed and in dwelling units that have attached in existing dwellings, the individual dwelling unit shall be garages. equipped with smoke alarms located as required for new R315.2 Carbon monoxide detection systems. Carbon mon- dwellings. oxide detection systems that include carbon monoxide detec- Exceptions: tors and audible notification appliances, installed and maintained in accordance with this section for carbon monox- 1. Work involving the exterior surfaces of dwell- ide alarms and NFPA 720, shall be permitted. The carbon ings, such as the replacement of roofing or siding, monoxide detectors shall be listed as complying with UL or the addition or replacement of windows or 2075. Where a household carbon monoxide detection system is installed, it shall become a permanent fixture of the occu- 2012 INTERNATIONAL RESIDENTIAL CODE' 63 LA Sponsored by: Hunt Introduction Date: April 8, 2013 Public Hearing Date: April 22, 2013 Postponed to: May 13, 2013 Additional Public Hearing: May 13, 2013 Postponed to: May 28, 2013 Additional Public Hearing: May 28, 2013 Enactment Date: May 28, 2013 CITY OF SEWARD, ALASKA ORDINANCE 2013 -006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING SEWARD CITY CODE, CHAPTER 9.15, HEALTH AND SAFETY, ADOPTING THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE (IFC), INCLUDING REVISIONS WHEREAS, as of the 16 day of November 2012, the State of Alaska has adopted the 2009 Edition of the International Fire Code (IFC); and WHEREAS, the 2012 edition of the IFC is currently being reviewed by the State of Alaska for proposed adoption in 2013; and WHEREAS, revisions the State of Alaska makes to the IFC affect the City of Seward's deferral from the State; and WHEREAS, the proposed revisions are consistent with the scope of providing a safe place to live and work for the citizens of the City of Seward. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINS that: Section 1. The asterisks note changes made by the State of Alaska to the IFC. These asterisks are inserted for the benefit of the reader to indicate items which were changed by the State and cannot be modified to be any less restrictive by the City of Seward. These marks will be removed by the City Clerk before being codified. Section 2. The Seward City Code Section 9.15.111 is deleted in its entirety and replaced with the following: 9.15.111. 2012 International Fire Code — Adopted. (a) The 2012 edition of the International Fire Code, including appendix chapters listed in subsection (b) below, published by the International Code Council is hereby designated and shall be CITY OF SEWARD, ALASKA ORDINANCE 2013 -006 Page 2 of 21 known as the Seward Fire Code, and shall constitute the laws of the city related to fire prevention. Although not published in full in this section, all of the provisions of the International Fire Code and the appendices cited shall be and are hereby adopted by reference to the same extent as if set forth in full herein, except to the extent that the International Fire Code is amended by or in conflict with this code or any relevant ordinance later adopted, in which case the provisions of this code shall apply. (b) The following revisions are made to the International Fire Code 2012 edition, hereinafter sometimes referred to as IFC in its application as the Seward Fire Code. 1. The IFC Chapters 12 -19, 37 -49 and 68 -79 are reserved. Chapters 1 -11, 20 -36, 50 -67, 80 and Appendices B -D, and I (2012 edition) are adopted by reference to regulate all occupancies and buildings for the safeguarding of life and property from the hazards of fire and explosion arising from the storage, handling and use of hazardous substances, materials, and devices, and from other conditions hazardous to life and property, with the following revisions: 2. *The IFC is revised by deleting all the references to the "ICC Electrical Code or NFPA 70" and replacing them with "Electrical Code as adopted by 8 AAC 70.025, as amended as of September 27, 2008 and as amended from time to time." 3. *The IFC is revised by deleting all the references, with the exception of chapters 6 and 7 of the "International Fuel Gas Code" and all references in the "International Plumbing Code" and replacing them with "Plumbing Code as adopted by 8 AAC 63.010, as amended as of February 23, 2011 and as amended from time to time." 4. Chapter 1, Section 105.6, (Required operational permits) is revised by deleting all operational permits except for: 105.6.14 Explosives, 105.6.30 Open burning, 105.6.36 Pyrotechnic special effects materials, 105.6.43 Temporary membrane structures, tents and canopies. 5. Chapter 1, Section 105.7, (Required construction permits) is revised by deleting all construction permits except for: 105.7.1 Automatic fire extinguisher systems, 105.7.6 Fire alarm and detection systems and related equipment, 105.7.7 Fire pumps and related equipment, 105.7.15 Standpipe systems, 105.7.16 Temporary membrane structures, tents and canopies. 6. Chapter 1, Section 108, (Board of Appeals) is amended to reflect SCC 9.15.112. 7. Chapter 1, Section 109.4, (Violation penalties) is revised by deleting: "shall be guilty of a [specify offense], punishable by a fine of not more than [amount] dollars or by imprisonment not exceeding [number of days], or both such fine and imprisonment "; and replace with: "shall be in violation of SCC 9.15 and AS 18.70.100 and punishment shall be as set forth in AS 12.55." \• CITY OF SEWARD, ALASKA ORDINANCE 2013 -006 Page 3 of 21 8. * Chapter 2, Section 202, (General definitions) is revised by changing the definition of "Educational Group E, Day Care" to read: "The use of a building or structure, or portion of the building or structure, for education, supervision or personal care services for more than five children who are older than two and one -half years of age, including children related to the staff shall be classified as a Group E occupancy." 9. * Chapter 2, Section 202, (General definitions) is revised by adding an exception under the definition of "Educational Group E, Day Care" to read: "Exception: Family child care homes (Group R -3) operating between the hours of 6:00 a.m. and 10:00 p.m. may accommodate a total of 12 children of any age without conforming to the requirements of a Group E occupancy except for (1) smoke detectors /alarms as described in Section 907.2.10, (2) carbon monoxide detectors /alarms as specified in Section 908, (3) means of egress requirements of Section 1003, including emergency escape and rescue openings, as required by Section 1029, in napping or sleeping rooms; and (4) portable fire extinguisher requirements as described in Section 906." 10. * Chapter 2, Section 202, (General definitions) is revised by adding a new paragraph between the first and second paragraphs of the definition for "Institutional Group I -1 in "Occupancy classification" to read: "A facility in this occupancy classification that has occupants who need physical assistance to respond in emergency situations must comply with the IFC, Section 405." 11. * Chapter 2, Section 202, (General definitions) first sentence of the last paragraph of the definition "Institutional Group, Group I -1 is revised to read: "A facility such as one described above, with five or fewer persons, including persons related to the staff, shall be classified as Group R -3." 12. * Chapter 2, Section 202, (General definitions) add a second paragraph to the definition "Institutional Group and Group I -2" to read: "A facility such as one described above, with five or fewer persons, including persons related to the staff, shall be classified as Group R- 3." 13. * Chapter 2, Section 202, (General definitions) add a third paragraph to the definition for "Institutional Group I and Group I -2" to read: "A child care facility that provides care on a 24 -hour basis to more than five children who are two and one -half years of age or less, including children related to the staff shall be classified as Group I -2." 14. * Chapter 2, Section 202, (General definitions) the second sentence of the definition for "Group I -4, day care facilities" is revised to read: "A facility within this occupancy classification with five or fewer persons, including persons related to the staff, shall be classified as a Group R -3." 15. * Chapter 2, Section 202, (General definitions) is revised by adding a new paragraph to the definition for "R -4" in "Residential Group R" of "Occupancy classification" between the CITY OF SEWARD, ALASKA ORDINANCE 2013 -006 Page 4 of 21 first and second paragraphs to read: "Facilities within this occupancy classification that have occupants needing physical assistance to respond in emergency situations must comply with the I.F.C., Section 405.10." 16. * Chapter 3, Section 307.2, (Permit required), is revised to read: "Approval. The fire chief of a registered department having jurisdiction, may allow a fire for recognized silvicultural or range or wildlife management practices, prevention or control of disease or pests, or a bonfire. Application, as required by the chief of that registered fire department, must be presented by the owner of the land upon which the fire is to be kindled before kindling such fire." 17. * Chapter 3, Section 308.3, (Open flame), is revised to read: "Open flame. The use of open flame in connection with a public meeting or gathering for the purpose of deliberation, worship, entertainment, amusement, instruction, education, recreation, awaiting transportation, or similar purposes in assembly or educational occupancies must be done in consultation with the registered fire department having jurisdiction." 18. * Chapter 3, Section 311.1.1 is revised by deleting the reference "International Property Maintenance Code." 19. * Chapter 3, Section 311.5, (Placards), is revised by deleting this section. 20. * Chapter 4, Section 401.3, (Emergency responder notification), the first sentence is revised to read: "In the event an unwanted fire occurs on a property, the owner or occupant shall immediately report the conditions to the registered fire department having jurisdiction." 21. * Chapter 4, Section 404.2, (Where required), is revised to read: "Group A. ". 22. * Chapter 4, Section 405, is revised by adding a new section 405.10 to read: "405.10 False alarms may not be counted as a fire drill for the purposes of Section 405. Emergency evacuation drills." 23. *Chapter 4, Section 405, (Emergency evacuation drills), is revised by adding a new Section 405.10 to read: "Occupants Needing Physical Assistance (Group I -1 and R -4)." Section 405.10 Occupants Needing Physical Assistance 405.10.1, Applicability. The provisions of this section apply to all Group I -1, I -2 and R -4 occupancies where the occupants need physical assistance from staff or other to respond to emergencies. 405.10.2, Definitions. In this section: 43 CITY OF SEWARD, ALASKA ORDINANCE 2013 -006 Page 5 of 21 • "Evacuation capability" means the ability of occupants, residents, and staff as a group either to evacuate a building or to relocate from the point of occupancy to a point of safety. • "Point of Safety" means a location that (a) is exterior to and away from a building; or (b) is within a building of any type construction protected throughout by an approved automatic sprinkler system and that is either (1) within an exit enclosure meeting the requirements of IFC section 1020; or (2) within another portion of the building that is separated by smoke partitions meeting the requirements of IBC section 710, with not less than a one -half hour fire resistance rating, and the portion of the building has access to a means of escape or exit that conforms to the requirements of this code and does not require return to the area of the fire. 405.10.3, Fire Drills and Evacuation Capability Determination. The intial determination of evacuation capability will be determined by a fire drill conducted by a fire code official or by an employee of the department of health and social services responsible for licensing the facility. Changes to the evacuation capability will be made by a fire code official, based on a record of fire drills conducted by the facility staff. The drills will be conducted six times a year on a bimonthly basis, with at least two drills conducted during the night when residents are sleeping. Records must indicate the time taken to reach a point of safety, date and time of the drill, location of simulated fire origin, escape paths used, and comments relating to residents who resisted or failed to participate in the drills. 405.10.4, Evacuation capability and fire protection requirements. Fire protection requirements of a facility under this section are as follows: 405.10.4.1, Prompt evacuation capability. Evacuation capability of three minutes or less indicates prompt evacuation capability. In facilities maintaining prompt evacuation capability, the requirements of the code for Groups I -1, I -2 or R -4 occupancies must be followed. 405.10.4.2, Slow evacuation capability. Evacuation capability of more than three but less than fourteen minutes indicates slow evacuation capability. In facilities maintaining slow evacuation capability, the facility must be protected by (a) an automatic smoke detection system, using addressable smoke detectors, designed and installed in accordance with the provisions of this code and NFPA 72; and (b) an automatic sprinkler system, with quick- response or residential sprinklers, installed in accordance with section 903.3.1.2 NFPA 13R (Sprinkler systems). 405.10.4.3, Impractical evacuation capability. Evacuation capability of fourteen minutes or more indicates impractical evacuation capability. In facilities maintaining impractical evacuation capability, the facility must be protected by (a) the protections for a facility with slow capability under section 405.10.4.2; (b) one -half hour fire- resistive construction throughout the facility; and (c) direct egress from sleeping rooms for occupants needing evacuation assistance either (i) to the exterior at grade level, to an exterior porch or landing via a three foot six inch wide door; or (ii) if the sleeping rooms are separated from the rest of the building by smoke partitions installed in accordance with IBC section 710, by egress windows conforming to the provisions of section 1029. CITY OF SEWARD, ALASKA ORDINANCE 2013 -006 Page 6 of 21 24. * Chapter 4, Section 407.1, (General) is revised to read: "General. The provisions of Section 407.2 through 407.7 shall be applicable, in the discretion of the chief of the registered fire department that has jurisdiction, where hazardous materials are located on the premises." 25. * Chapter 4, Section 408.3, (Group E occupancies and Group R -2 college and university buildings) is revised by the addition of a subsection to read "408.3.5 False alarms. False alarms may not be counted as a fire drill for the purpose of this section." 26. * Chapter 5, Section 503.1.1, (Where required) is revised to read: "Buildings and facilities. The fire chief of the registered fire department having jurisdiction may require approved fire apparatus roadways for every facility, building, or portion of a building constructed or moved into or within the jurisdiction on or after September 15, 2001. The fire apparatus access roadway must be required to comply with the requirements of this section as determined by the chief of that jurisdiction and be required to extend within 150 feet (45 720mm) of all portions of the facility or building or any portion of the exterior wall of the first story of the facility or building as measured by an approved route around the exterior of the building or facility." 27. * Chapter 5, Section 503.1.1, (Buildings and facilities) lead in line to the exception is revised to read: "Exception: The chief of the registered fire department having jurisdiction may increase or decrease the dimension of 150 feet (45 720mm) where:" 28. Chapter 5, Section 503.1.1, (Buildings and facilities) is revised by deleting exception 3. 29. Chapter 5, Section 505.1, (Address numbers), the first sentence is revised to read: "The chief of the registered fire department having jurisdiction shall require that all new and existing buildings be provided with approved address numbers, building numbers, or approved building identification visible from the street or road fronting the property, or on the street or road if the building is not visible from the street or road." 30. * Chapter 5, Section 505.2, (Street or road signs) the first sentence is revised to read: "The chief of the registered fire department having jurisdiction may require streets and roads to be identified with approved signs." 31. *Chapter 5, Section 507.1, (Fire Protection Water Supplies), the first sentence is revised to read: "The chief of the registered fire department having jurisdiction may require that an approved water supply capable of supplying the required fire flow for fire protection be provided to premises upon which facilities, buildings, or portions of facilities or buildings are constructed or moved into or within the jurisdiction on or after September 15, 2001." 32. Chapter 5, Section 507.5.1, (Where required) is revised to read: "Where required. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 250 feet (76.20 meters) from a hydrant on a fire apparatus access CITY OF SEWARD, ALASKA ORDINANCE 2013 -006 Page 7 of 21 road, as measured by an approved route around the exterior of the facility or building, on- site fire hydrants and mains shall be provided where required by the fire code official." This section is further revised by deleting Exceptions 1 and 2. 33. Chapter 5, Section 507.5.4, (Obstruction) is revised by adding a new sentence, "The immediate access area is determined to be an area that measures 15 feet from the outlets of the hydrant." 34. * Chapter 6, Section 603, (Fuel -Fired Appliances) is revised by deleting the references "International Fuel Gas Code" and replacing them with "Plumbing Code as adopted by 8 AAC 63.010, as amended as of February 23, 2011 and as amended from to time. ", and the references "ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of September 27, 2008 and as amended from time to time." 35. * Chapter 6, Section 603.3.1, (Fuel oil storage in outside, above - ground tanks) the last sentence is revised to read: "The storage of fuel oil above ground in quantities exceeding 660 gallons (2498 L) shall comply with NFPA 31 and have a minimum distance to nearest important building by not less than five feet." 36. * Chapter 6, Section 604, (Emergency and Standby Power Systems) is revised by deleting the references "ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8 AAC 70.025, as amended as of September 27, 2008 and as amended from time to time." 37. * Chapter 6, Sections 605 and 606, (Electrical Equipment, Wiring and Hazards, Mechanical Refrigeration) are revised by deleting the references "ICC Electrical Code" and replacing them with "Electrical Code as adopted by 8 AAC 70.025, as amended as of September 27, 2008 and as amended from time to time." 38. * Chapter 7, Section 703.2.3, (Door operation) is revised by adding a new Section 703.2.3.1 to read: "703.2.3.1 Operation. Fire assemblies may not be obstructed or otherwise impaired from their proper operation at any time. When two or more self - closing fire assemblies within a building have been documented as having been obstructed or impaired during three or more consecutive inspections, the fire code official may order the installation of automatic - closing devices meeting the requirements of Section 1008.1.9.9 and item 5 of the I.B.C." 39. * Chapter 9, Section 901.4, (Installation) is revised by adding an exception to read: "Exception: Buildings temporarily closed due to seasonal operations may have their fire alarm systems deactivate under the following conditions: A. Building is unoccupied; B. Building is properly secured; C. All utilities are disconnected and drained; The fire systems are certified as operational before the building is reoccupied; 4J1 CITY OF SEWARD, ALASKA ORDINANCE 2013 -006 Page 8 of 21 D. A 24 -hour a day fire watch as defined in Section 202 is provided during the interim between when utilities are reactivated and the fire systems are certified as operational; E. The fire code official is notified in writing of the closure; and F. A letter from the insurance carrier or, the owner if self - insured, indicating knowledge of the closure is provided to the fire code official." 40. * Chapter 9, Section 901.5, (Installation acceptance testing) is revised to read: "Fire detection and alarm systems, fire- extinguishing systems, fire standpipe systems, and other fire protection systems and appurtenances to those systems must meet the approval of the authority having jurisdiction as to the installation and location, and are subject to the acceptance test required by the standard in Table 901.6.1 for the system or appurtenance. Fire hydrant systems, fire pump systems, and private fire service mains installed as a requirement by the fire chief of the registered fire department having jurisdiction, are subject to the acceptance tests as contained in the installation standards and as approved by the chief. The chief must be notified before any required testing, and all results of the tests must be conveyed to the chief within 30 days." 41. * Chapter 9, Section 901.6, (Inspection, testing and maintenance) is revised by adding a second paragraph to read: "Superseding other code or standard requirements established by this section, fire protection systems and fire extinguishers must be inspected, tested, and serviced as follows: 1. Annually. Exception: Standpipe systems must be inspected, tested, and serviced every five years; 2. After any use or activation; 3. Any time damage is found; 4. After repair or alteration; 5. When required by the fire code official; 6. After seasonal shutdown. Reports of inspections and tests must be maintained on the premises, and a copy of the acceptance test certificate must be forwarded to the fire code official by the person conducting the inspection or test within 30 days of the inspection or test being completed. The annual fire extinguisher testing may be performed by any person who has a valid permit in accordance with 13 AAC 50.030(h), including the building owner or the owner's agent." 42. *Chapter 9, Section 901.7, (Systems out of service), the first sentence is revised to read: "Where a required fire protection system is out of service for more than eight hours in a 24 hour period, an impairment plan will be submitted to the fire department and the fire code official immediately and, where required by the fire code official, the building shall either be evacuated or an approved fire watch shall be provided for all occupants left unprotected by the shutdown until the fire protection system has been returned to service." 5D CITY OF SEWARD, ALASKA ORDINANCE 2013 -006 Page 9 of 21 43. * Chapter 9, Section 903.2.3, (Group E) is revised to read: "Group E. An automatic sprinkler system must be provided throughout all buildings in Group E occupancies. The use of a fire wall or barrier does not establish a separate building or fire area for purposes of this section. Exception: Buildings with Group E occupancies having an occupant load of 49 or less. A. An automatic sprinkler system must also be provided for every portion of educational buildings below the level of exit discharge. B. Home Day Care uses that are licensed to care for more than five persons between the hours of 10 :00 p.m. and 6:00 a.m. must be equipped with an automatic sprinkler system designed and installed as described in Section 903.3.1.3 or an equivalent system approved by the building official. 44. * Chapter 9, Section 903.2.8, (Group R) is revised to read: "Group R. An automatic sprinkler system must be installed in Group R occupancies as required in 903.2.8.1 through 903.2.8.4." 45. * Chapter 9, Section 903.2.8, (Group R) is revised by adding a new Section 903.2.8.3 to read" 903.2.8.3 Group R -1. (Health Clinics with Transient Quarters) may utilize an NFPA 13R sprinkler system throughout the building; a fire barrier can be utilized to separate the building and utilize an NFPA 13D sprinkler system. In addition, rental cabins with potable water with stays Less than 30 days will be considered R -1 's and will be required to follow this section." 46. *Chapter 9, Section 903.2.8, (Group R) is revised by adding a new Section 903.2.8.4 to read: "Section 903.2.8.4 Group R -2. An automatic sprinkler system or a residential sprinkler system installed in accordance with Section 903.3.1.2 must be provided throughout all buildings with a Group R -2 fire area that are more than two stories in height, including basements, or that have more than four dwelling units or 16 sleeping rooms." 47. * Chapter 9, Section 903.3.1.1, (NFPA 13 sprinkler systems) is revised by adding a new Section 903.3.1.1.2 to read: "903.3.1.1.2 Elevator Hoist Ways and Machine Rooms. When the provisions of this code requires the installation of automatic sprinkler systems, the installation in elevator hoist ways and machine rooms must occur as described in Chapter 30 (Elevators and Conveying Systems) and NFPA 13 Elevator Hoist Ways and Machine Rooms and adopted by reference and the American Society for Mechanical Engineers (A.S.M.E.) A17.1 Safety Code for Elevators and Escalators (2000 edition) and adopted by 8 AAC 77.005, as amended as of October 16, 2012 and as amended from time to time and the fire sprinkler head for the top of elevator shafts may have a globe valve installed so the single head can be turned off in an emergency. The globe valve must be marked and sealed or locked in the open position. Exception: Sprinklers are not required in an elevator machine room where the machine room 51 CITY OF SEWARD, ALASKA ORDINANCE 2013 -006 Page 10 of 21 is: (1) separated from the remainder of the building as described in I.B.C. Section 3006.4; (2) smoke detection is provided in accordance with NFPA. 72 and adopted by reference; and, (3) notification of alarm activation is received at a constantly monitored location." (4) Fire extinguisher is provided in the elevator machine room. 48. Chapter 9, Section 903.3.1.1 of the I.F.C., is revised by adding a new Section 903.3.1.1.3 to read: "903.3.1.1.3 (Inspectors test valve). A test valve will be installed at the remote area in both dry and wet systems to equal the required flow of one sprinkler head. In locations that use floor control valves the inspector test valve may be collocated where it can be installed to the exterior or to an interior drain. "; 49. * Chapter 9, Section 903.3.6, (Hose threads) is revised by deleting "the fire code official" and replacing it with "AS 18.70.084." 50. * Chapter 9, Section 903.6, (Existing buildings) is revised by adding Section 903.6.1 to read: "903.6.1 Group E. An approved automatic fire extinguishing system must be installed in Group E occupancies in accordance with Section 903.2.3, as revised, whenever alteration, repairs, or additions are made to an existing structure containing a Group E Occupancy." 51. * Chapter 9, Section 906.1, (Where required) is revised by deleting the exception in number 1. 52. * Chapter 9, Section 907.1.2, (Fire alarm shop drawings) is revised by adding the following documents to those that must be submitted for plan review: 14. System riser diagrams 15. Fire system designer stamp, signature, and date. 53. * Chapter 9, Section 907.2.1 (Group A) is revised to replace the exception to read: "A manual fire alarm system shall be installed in Group A -2 occupancies with an occupant load of 100 or more." 54. *Chapter 9, Section 907.2.2 (Group B) is revised by deleting the exception. 55. * Chapter 9, Section 907.2.3, is revised by adding a second paragraph to read: " Rooms used for sleeping or napping purposes within a day care use of a Group E occupancy must be provided with smoke alarms that comply with Section 907.2.11.2" and by deleting exception 3. 56. *Chapter 9, Section 907.2.4, (Group F) is revised by deleting the exception. 57. * Chapter 9, Section 907.2.6.1, is revised by deleting exception 1. 58. *Chapter 9, Section 907.2.7, (Group M) is revised by deleting exception 2. SL\ CITY OF SEWARD, ALASKA ORDINANCE 2013 -006 Page 11 of 21 59. *Chapter 9, Section 907.2.8.1, (Group R -1 Manual fire alarm system) is revised by deleting exception 2. 60. *Chapter 9, Section 907.2.9.1, (Group R -2 Manual fire alarm system) is revised by deleting exception 2. 61. *Chapter 9, Section 907.2.10.1, (Group R -4 Manual fire alarm system) is revised by deleting exception 2. 62. *Chapter 9, Section 907.7.2, (Record of completion) is revised by adding a second paragraph to read: "A copy of the acceptance test certificate verifying completion in accordance with NFPA 72, as adopted by reference, must be forwarded by the firm conducting the test to the division of fire and life safety or the deferred jurisdiction having authority within 30 days of the completion of the installation." 63. * Chapter 9, Section 907.2.11, (Single and multi - station smoke alarms) is revised by adding a second paragraph to read: "When a plan review is required for an existing Group R occupancy, smoke alarms must be installed as described in Section 907.2.11." 64. * Chapter 9, Section 907.8.1, (Inspection, testing and maintenance) is revised by adding a new section to read: "907.8.1.1 (Mancamp relocations) On each portable or relocatable camp move, a licensed or certified electrician can disconnect and reconnect the fire alarm system, and a licensed or certified plumber can disconnect and reconnect the suppression system. The mancamp must be certified by an appropriate fire system permit holder to provide documentation that the system has been placed back in service and is ready for operation. System certification documentation is to be retained on site and available for review upon request. Annual requirements are still required by the code as referenced by 13 AAC 50.025." 65. *Chapter 9, Section 908.7, (Carbon monoxide alarms) is revised by adding the following after the first sentence: "At least one carbon monoxide detector or alarm shall be installed on each floor level." 66. *Chapter 9, Section 908.7, (Carbon monoxide alarms) is revised by adding the following at the end of the paragraph: "Power source: In new construction, carbon monoxide detectors and alarms shall receive their primary power from the building wiring if the wiring is served from a commercial source, and shall be equipped with a battery backup. Wiring shall be permanent and without a disconnecting switch other than what is required for overcurrent protection." 67. * Chapter 9, Section 909.18, (Acceptance testing) is revised by adding a new sentence to read: "A copy of the acceptance test certificate must be forwarded to the division of fire and life safety or the deferred authority having jurisdiction by the firm conducting the test within 30 days of the completion of the installation." 68. * Chapter 9, Section 910.1, (General) is revised by deleting exception 2. CITY OF SEWARD, ALASKA ORDINANCE 2013 -006 Page 12 of 21 69. * Chapter 10, Section 1001.1, (General) is revised by adding the following words to the last sentence of the exception: "as governed by the provisions of AS 18.70.080." 70. * Chapter 10, Section 1009.4, (Stairway width) is revised by adding the following exception to read: "Exception 5. Ladders used only to attend equipment are exempt from the requirements of section 1009." 71. * Chapter 10, Section 1009.9.2, (Outdoor conditions) is revised by adding a sentence: "In occupancies that are accessory to Group R -3 occupancies, surfaces and landings which are part of the exterior stairs in climates with snow or ice shall be designed to minimize the accumulation of the snow or ice." 72. * Chapter 10, Section 1010.8.2, (Outdoor conditions) is revised by adding a sentence: "In occupancies other than Group R -3 and Group U occupancies that are accessory to Group R- 3 occupancies, surfaces and landings that are part of the exterior ramps in climates with snow or ice shall be designed to minimize the accumulation of the snow or ice." 73. * Chapter 10, Section 1015.2.2, (Three or more exits or exit access doorways) is revised by adding an exception to read: "Where access to three or more exits is requires, the separation distance of the third exit door or exit access doorway shall not be less than one -third of the length of the maximum overall diagonal dimension of the area served." 74. *Chapter 10, Table 1018.1, (Corridor fire resistance rating) is revised by adding footnote "d" to read: "R -2 occupancies shall be permitted to have a one -hour rated corridor without a sprinkler system when the corridor: A. Serves any occupant load greater than 10; B. Serves less than four dwelling units or 16 or more sleep rooms; And C. Is less than three stories in height." 75. * Chapter 10, Section 1019.1, (General) is revised by adding a sentence to read: "Exterior exit balconies shall be designed to minimize accumulation of snow or ice that impedes the means of egress." 76. *Chapter 10, Section 1021.2.2, (Basements) is revised by adding a second paragraph to read: "Basements or the first level below the first story in all occupancies except Group R -3 occupancies, used exclusively for the basement or first level below the first story must have at least two exits arranged as described in Section 1015.2. For purposes of this paragraph, storage rooms, laundry rooms, maintenance offices, and similar uses may not be considered as providing service to the building." 77. * Chapter 10, Section 1029.1, (General) is revised by deleting exceptions 1 and 3. CITY OF SEWARD, ALASKA ORDINANCE 2013 -006 Page 13 of 21 78. * Chapter 20, Section 2003.5, (Dispensing of flammable and combustible liquids) the last sentence is revised to read: "Aircraft motor vehicle fuel- dispensing facilities shall be in accordance with Chapter 23 of the IFC and NFPA 407, as adopted by reference." 79. * Chapter 20, Section 2005, (Portable fire extinguishers) is revised by deleting Section 2005.8. 80. * Chapter 20, Section 2006.1, (Aircraft motor vehicle fuel - dispensing facilities) is revised to read: "Aircraft motor vehicle fuel- dispensing stations shall be in accordance with Chapter 23 of the IFC and NFPA. 407 as adopted by reference." 81. * Chapter 20, Section 2006.3, (Construction of aircraft- fueling vehicles and accessories) is revised by adding a new exception to read: "Exception: A vehicle or trailer tank with a capacity of 250 gallons or less may be used for non - commercial refueling of private non- commercial aircraft if the following requirements are met: A. The tank is placarded with no smoking signs, the type of fuel contained in the tank, and the tank capacity; B. The tank and all appurtenances used in the fueling operation are listed and approved for the specific purpose; C. Electrical bonding is provided as required under Section 2006.3.7." 82. * Chapter 23, Section 2306.2.3, (Above - ground tanks located outside, above grade) is revised by adding an item 6 to read: "6. Approved above- ground atmospheric tanks may be used without special enclosure or fire rating if the following criteria are met: A. Tanks must be located as required for "Other Tanks" by Table 2306.2.3; B. Tanks must be enclosed by a six -foot high industrial type chain link fence with a minimum of two access gates located at opposite side of the enclosure. Each gate must be at least 36 inches wide. There must be a minimum working distance of five feet between the tank and the fence." 83. * Chapter 23, Section 2306.7.7.1, (Leak detection) is revised by adding an exception to read: "Exception: A leak detection device is not required if the underground piping is extra - heavy wall steel with all welded joints, dielectric coating, and cathodic protection." 84. * Chapter 23, Section 2311.2.3, (Drainage and disposal of liquids and oil - soaked waste) is revised by adding a sentence to the first paragraph to read: "Where oil separators or traps are provided, neither the oil nor water phase may drain to septic systems, dry wells, or other means of underground discharge." 85. Chapter 33, Section 3307.1, (Storage and handling) is revised by adding to the end of the sentence "and Seward City Code Chapter 9.15, Article 3." s 1 CITY OF SEWARD, ALASKA ORDINANCE 2013 -006 Page 14 of 21 86. Chapter 33, Section 3307.2, (Supervision) is revised by adding to the end of the sentence "and Seward City Code Chapter 9.15, Article 3." 87. * Chapter 50, Section 5001.6, (Facility Closure) is revised to read: "Documentation. The fire chief of the registered fire department having jurisdiction may require the documentation of the closure plans for the termination of the storage, use, or handling of hazardous materials at least 30 days before the termination. The fire chief is authorized to require that the documentation include as approved facility closure plan in accordance with Section 5001.6.3. The fire chief may require the submission of the Hazardous Materials Management Plan and Hazardous Materials Inventory Statement indicated in Sections5001.5.1 and5001.5.2." 88. * Chapter 56, Section 5601.1, (Scope) is revised to insert "and AS 18.72" after "The provisions of this chapter." 89. Chapter 56, Section 5601.1.1, (Explosive material standard) is revised to read: "In addition to the requirements of this chapter, Seward City Code Chapter 9.15, Article 3 and NFPA 495 shall govern the manufacture, transportation, storage, sale, handling and use of explosive materials." 90. * Chapter 56, Section 5601.1.3, (Fireworks) is revised, with the exceptions remaining, to read: "The manufacture, storage, sale, handling and use of fireworks is prohibited except as allowed in this section and AS 18.72." 91. * Chapter 56, Section 5601.1, (Scope) is revised by adding a new Section 5601.1.1.6 to read: "Transportation. Explosive materials must be transported in accordance with 49 C.F.R. Parts 100- 185. No person may sell fireworks, possess, or transport fireworks for sale, conduct a fireworks display described in paragraph 5602.4.2 of this section, or possess, transport or test dangerous fireworks for such a display, unless the person holds a valid permit or license under this section, and the activity is conducted in accordance with AS 18.72 and this chapter." 92. Chapter 56, Section 5601.2, (Permit required) is revised to read: "Permits shall be required as outlined in Seward City Code, Chapter 9.15, Article 3." 93. *Chapter 56, Section 5601.7, (Seizure) is revised by adding the words "or AS 18.72." 94. * Chapter 56 is revised by deleting Sections 5601.2.4 (Financial Responsibility) and 5601.2.4.2 (Fireworks display). 95. * Chapter 56, Section 5601.2.2, (Sale and retail display) is revised by deleting the words "explosives, explosive materials, or fireworks" and inserting in their place "explosives and explosive materials." 96. * Chapter 56, Section 5608 is revised by re- titling the section "FIREWORKS RETAIL SALES AND DISPLAYS." 5 �3 CITY OF SEWARD, ALASKA ORDINANCE 2013 -006 Page 15 of 21 97. *Chapter 56, Section 5608.1, (General) is revised by adding a second paragraph to read: "Retail sales of salable fireworks must comply with Section 5608.11." 98. *Chapter 56, Section 5608.2, (Permit application) is revised to read: "Permit application. (1) The following licenses or permits are required to conduct activity described in Section 105.6 of the IFC: (a) wholesalers license, as described in AS 18.72, to sell, or possess for sale, 1.4G or 1.3G fireworks at wholesale; (b) a retailer's permit, as described in AS 18.72, for each location where the applicant intends to sell, or possess for sale, 1.4G fireworks at retail; (c) a pyrotechnic operator' s permit to conduct a fireworks display or non - routine testing of 1.3G fireworks, or to possess fireworks for display or non - routine testing of 1.3G fireworks; (d) a fireworks event permit for each event involving public or private display of any amount of 1.3G fireworks or 250 gross pounds (113.4 kg) of salable fireworks; or (e) an annual permit for routine testing of 1.3G fireworks. (2) A license or permit under (a) (1) — (4) of this paragraph must be obtained from the state fire marshal's office. A permit under (a) (5) of this paragraph may be obtained from the state fire marshal's office or, on a form approved by the fire marshal, from the chief of the registered fire department in the jurisdiction where the testing will occur. (3) An application for a license or permit under (a) (1) — (4) of this paragraph must be received by the fire marshal's office 14 days before the activity is scheduled to occur. A permit under (a) (5) of this paragraph must be issued before the routine testing occurs. (4) Applications for a license or permit must include, (a) for a license or permit under (a)(1) or (2) of this paragraph, proof of insurance as required and in the amount set out in AS 18.72.020; or (b) for a permit under (a) (3) — (5), a certified copy of a policy of public liability and products liability insurance, including both accident and occurrence insurance, for not less than $1,000,000 for bodily injury and death, and not less than $500,000 for property damage; (5) An application for a retailer's permit under (a) (2) of this paragraph or for a fireworks event under (a) (4) of this paragraph must include a plan and drawings, satisfactory to the state fire marshal, showing and describing the sales location or display site; (6) An application for a pyrotechnic operator's permit under (a) (3) of this paragraph must include proof satisfactory to the state fire marshal that the applicant: (a) has passed a written examination administered by the state fire marshal; and (b) has participated as an assistant to a licensed pyrotechnic operator in six SG\ CITY OF SEWARD, ALASKA ORDINANCE 2013 -006 Page 16 of 21 licensed displays in this state or holds a valid pyrotechnic operator's permit or license from another state. (7) An applicant for a fireworks event permit under (a) (4) of this paragraph or for testing under (a) (5) of this paragraph must hold a valid pyrotechnic operator's permit under (a) (3) of this paragraph." 99. *Chapter 56, Section 5608.2, (Permit application) is revised by adding a new Section 5608.2.3 to read: "Section 5608.2.3, Revocation and suspension. A permit for the retail sale of salable fireworks is void if the intended place of sale or use of the permit is within a jurisdiction that, by ordinance, has prohibited the sale or use of fireworks or if the permit holder sends, transports, or delivers fireworks to a jurisdiction that by ordinance has prohibited the sale or use of fireworks. The State Fire Marshal may revoke a permit or license if: (1) the permittee or licensee fails to comply with a notice of violation and order to correct by the date set in the order; (2) the permittee or licensee is cited more than one time for the same violation of AS 18.72 or the fire code regulations in this chapter in the same calendar year; or (3) the permittee or licensee conducts business in a way that presents an immediate threat to life or property. If a permit or license is revoked, the permittee or licensee may file a written appeal to the State Fire Marshal, who will review the revocation and issue a written decision within 10 days after the appeal. The appeal must be postmarked within seven days following the date of receipt of the revocation. Once a permit or license is revoked, the permittee or licensee may not apply for or be granted a new permit or license for the sale, use, or display of fireworks for one year from the date of revocation." 100. * Chapter 56, Section 5608.6, (Installation of motors) is revised by adding a new Section 5608.6.1 to read: "5608.6.1 Mortar construction. Mortars must be constructed of paper, high density plastic pipe, or metal other than cast iron." 101. Chapter 56, Section 5608.11, (Retail display and sale) is revised by adding a new section to read: "5608.11 Retail display and sale. The retail display and sale of fireworks shall be prohibited within Seward City limits." 102. * Chapter 57, Section 5704.3.5.1, (Basement storage) is revised by deleting this section. 103. * Chapter 57, Section 5706.3, (Well drilling and operation) is revised by adding a second sentence to read: "This section does not apply to offshore oil platforms." 104. * Chapter 58, Section 5801, (General) is revised by adding a new Section 5801.3 to read: "5801.3 Plan review. Where a single container is over 500- gallon (1892.7 L) water capacity or the aggregate capacity of containers is over 500- gallon (1892.7 L) water 60 CITY OF SEWARD, ALASKA ORDINANCE 2013 -006 Page 17 of 21 capacity, the installer shall submit plans for review before installation in accordance with 13 AAC 50.027." 105. * Chapter 80 (Referenced standards) is revised by changing the referenced standards from the publication date listed to the following edition, and the standards are adopted by reference: N.F.P.A. 10 -2013 Portable Fire Extinguishers N.F.P.A. 12 -2011 Carbon dioxide extinguishing systems; N.F.P.A. 12A -2009 Halon 1301 fire extinguishing systems; N.F.P.A. 13 -2013 Installation of Sprinkler Systems; N.F.P.A. 13D- 20072013 Installation of Sprinkler Systems in One and Two Family Dwellings and Manufactured Homes; N.F.P.A. 13R- 20072013 Installation of Sprinkler Systems in Residential Occupancies Up to and Including Four Stories in Height; N.F.P.A. 14- 2013 Standpipe and Hose Systems; N.F.P.A. 20 -2013 Installation of Stationary Pumps for Fire Protection; N.F.P.A. 72- 2013 National Fire Alarm and Signaling Code; N.F.P.A. 720 -2012 Standard on Installation of Carbon Monoxide Warning Equipment in Dwelling Units; N.F.P.A. 750- 2010 Standard on Water Mist Fire Protection System; N.F.P.A. 2001 -2012 Clean agent fire extinguishing systems 106. Appendix A, Board of Appeals, is adopted and revised to read: "A101.1 Scope. A board of appeals shall be established within the jurisdiction for the purpose of hearing applications for modification of the requirements of the International Fire Code. The procedure for the board of appeals is established in Seward City Code, Chapter 9.15, Article 1, Section 9.15.112." The remainder of Appendix A is deleted. 107. ( - -) Appendix of the IFC is revised by adding APPENDIX K as follows: "APPENDIX K FIRE STATUS REPORTING" K101, (Scope) All fire service companies providing services in the State of Alaska shall provide a legible copy of all fire system service reports to the closest Fire and Life Safety Office as adopted and amended to the 2012 IFC as listed below. Exception: Industrial occupancies with a fire system preventive maintenance program approved by the Division of Fire and Life Safety. See below for contact information. K102, (Status 1) Systems out of service or Major Deficiencies: The fire service company shall immediately contact the closest State Fire Marshal Office, if the system cannot be returned to service. On a weekend or after hours, contact the closest State Fire Marshal Office on the first CITY OF SEWARD, ALASKA ORDINANCE 2013 -006 Page 18 of 21 business day. Written notification shall be faxed to the closest State Fire Marshal Office within 24 hours. Notification may be made by email. K102.1, Corrective Action time: Status 1 reports shall be repaired immediately. K102.1.1, For example but not limited to: K102.1.1.1, Fire Sprinkler or Water Based Systems: 1. Non - working flow /pressure switches. 2. Damage to fire department connections. 3. No water to system. 4. Frozen or otherwise damaged system. K102.1.1.2, Fire Pumps: 1. Non - working fire pumps. 2. Fire pump controls not working or malfunctioning. K102.1.1.3, Fire Alarm Systems (detection and alarm): 1. Non - working fire alarm panel. 2. Malfunctioning fire alarm panel. 3. Audio and visual devices not working entire loop. 4. Detection not working entire detection loop. 5. Loss of programming. K102.1.1.4, Kitchen Hood Fire Systems: 1. System cylinder is not charged or leaking. 2. Appliance not properly covered due to rearrangement of appliances. 3. Plugged discharge nozzles. 4. Automatic detection not functional. 5. Gas or electric not shutting down. K102.1.1.5, Clean Agent or Special Hazard System: 1. System cylinder is not charged or leaking. 2. Releasing panel not functional. K103, (Status 2) Systems that have critical deficiency reports shall be provided to the closest Fire and Life Safety Office within 14 days. K103.1, Corrective action Time: Status 2 systems shall be repaired within 14 days. K103.1.1, For example (but not limited to): K103.1.1.1, Fire Sprinkler or Water Based System: 1. Five or more painted sprinkler heads in a concentrated area or more than 10 in a facility. ba, CITY OF SEWARD, ALASKA ORDINANCE 2013 -006 Page 19 of 21 2. Change of use that will affect the performance of the sprinkler system. 3. Low water pressure. 4. Any other major problem that will affect the performance. 5. No monitoring on required systems. K103.1.1.2, Fire Pumps: 1. Low fuel 2. Pump packing leaking beyond specifications. 3. Fire pump room below 40 degrees. 4. Fire pump not meeting its rated discharge pressure or GPM flow over a 10 percent difference. 5. Any other major problem that will affect the performance. K103.1.1.3, Fire Alarm Systems (detection and alarm): L Batteries overdue for replacement. 2. No monitoring on required system. 3. Audio and visual devices not working -up to three devices, over three devices status 1. 4. Detection not working -up to three devices, over three devices status 1. 5. Any other major problem that will affect the performance. K103.1.1.4, Kitchen Hood Fire Systems: 1. Hood and ducts with heavy grease buildup. 2. Any other major problems that will affect the performance. K104, (Status 3) Minor deficiency reports shall be provided to the closest State Fire Marshal's Office within 30 days. These deficiencies will not affect the performance of the system. K104.1, Corrective Action Time: Status 3 systems shall be repaired within 30 days. K105, (Status 4) System with no deficiencies shall be reported to the closest State Fire Marshal Office within 30 days. K105.1 System service reports shall have the following information on them: 1. inspection company name shall be printed on all reports with address and phone number; 2. inspector's first and last name shall be printed with State of Alaska fire systems permit number; 3. inspector's telephone number: office and cell telephone numbers, if available. 4. deficiencies shall be typed or written and shall be printed text. No cursive or longhand handwriting is acceptable. Reports shall be written with a minimum line spacing of a 3/8 inch per line. 5. all reports shall have building name, occupancy inspected, and address clearly identified on the first page, and all subsequent pages shall have the building name and date of inspection on the top of the page; CITY OF SEWARD, ALASKA ORDINANCE 2013 -006 Page 20 of 21 6. all reports shall have the building contact person's name with telephone number on the front page; 7. only white and yellow copies will be accepted by the state division of fire and life safety for reports submitted; 8. deficiency write ups must include the code citation that is in violation and a description of the problem. Items having minor deficiencies shall be mailed within 30 days to: State Division of Fire and Life Safety 5700 E. Tudor Road, Anchorage AK 99507; Phone 907 - 269 -5637, Fax 907 -269 -5018 1979 Peger Road, Fairbanks AK 99709; Phone 907 - 451 -5200, Fax 907 -451 -5218 2760 Sherwood Lane, Ste.2 -B, Juneau, AK 99801; Phone 907 - 465 -4331 Fax 907 - 465 -5521 Systems out of service and those with major deficiencies shall have a report faxed to the closest state division of fire and life safety office and mailed immediately within one day to the address listed in this appendix. (Eff. 1/14/81, Register 77; am 8/2/86, Register 99; am 10/28/90, Register 116; am 6/10/93, Register 126; am 8/31/96, Register 139; am 3/27/99, Register 149; am 9/15/2001, Register 159; am 8/27/2004, Register 171; am 9/12/2007, Register 183; am / / , Register ) Authority: AS 18.70.080 (c) The City of Seward shall possess three copies of the city designated edition of the International Fire Code for public use, inspection, and examination. Section 3. This ordinance shall take effect 10 days following its enactment. ENACTED by the City Council of the City of Seward, Alaska, this 28 day of May, 2013. THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Council Agenda Statement r se Meeting Date: April 28, 2013 y �'o Through: City Manager Jim Hunt q p Cgs1� Fire Chief David Squires From: Deputy Fire Chief Eddie Athey Agenda Item: Adoption of the 2012 International Fire Code BACKGROUND & JUSTIFICATION: As of November 16, 2012, the State of Alaska has adopted the 2009 edition of the International Fire Code (IFC). To be consistent and thereby maintain our deferral agreement with the State, the City of Seward should also adopt the 2009 IFC. The State is currently reviewing the 2012 IFC for a proposed adoption in the spring of 2014. Not wanting to go through this process again in less than 12 months, we are proposing to adopt the 2012 IFC now. We have listed the proposed revisions made by the State and have also included the suggested local revisions for consideration. The items marked with an asterisk are revisions made by the State and are items that Council cannot change. In general, there are no significant changes from the state adopted 2009 IFC to the proposed 2012 IFC. However, please note that the City of Seward has adopted more permits, three additional NFPA Standards and is restricting the sale and use of fireworks. INTENT: To adopt a current fire code consistent with State of Alaska requirements and local needs. CONSISTENCY CHECKLIST: Yes No N/A 1 Comprehensive Plan 2020 Vol-] Section 3.8.1.4 pg28, Section 3.3.1.1 X pg22, Section 3.2.1.1 pg20. 2. Strategic Plan (document source here): X 3. Other (list): FISCAL NOTE: There is no fiscal impact the City's annual budget. Approved by Finance Department: diiatz) ahazel-3 ATTORNEY REVIEW: Yes X No RECOMMENDATION: Approve Ordinance 2013 - WE amending the Seward City Code Section 9.15.111 2006 International Fire Code — Adopted to 2012 International Fire Code - Adopted, including all amendments /revisions. Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2013 -036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, DIRECTING THE CITY ADMINISTRATION TO DEDICATE DOG LICENSE FEES AND RECEIVED, TARGETED DONATIONS FOR THE CONSTRUCTION OF A NEW ANIMAL SHELTER WHEREAS, the city receives dog license fees that are deposited as undesignated into the General Fund; and WHEREAS, the public, both within the city and in the regional borough area, are actively raising monies for the construction of a new animal shelter; and WHEREAS, the city and public recognize the need for a new, relocated, animal shelter facility. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. Dog license fees shall be dedicated to the construction of a new animal shelter. Section 2. The City agrees to accept donations for this project and hold them in common with the dog license fees. Section 3. This resolution shall take effect immediately. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 28 day of May, 2013. THE CITY OF SEWARD, ALASKA David Seaward, Mayor (:::b Council Agenda Statement Meeting Date: May 28, 2013 From: Jim Hunt, City Manager Subject: The City of Seward Animal Shelter BACKGROUND & JUSTIFICATION The City of Seward receives approximately seven - hundred seventy five ($775.00) dollars a year though the voluntary licensing of dogs within the city limits. The monies are undesignated and are applied to the General Fund. The city has operated an animal shelter via contracted services for many years and the condition of the facility is less than ideal. Over the last few months, the public has taken up the cause of a new, relocated animal shelter and has raised thousands of dollars for this project. The principals of this effort have requested the city hold and manage their shelter donations. Administration requests the dog licensing fees be directly contributed to this new animal shelter account. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): Seward Zoning Code X 2. Strategic Plan (document source here): X 3. Other (list): X FISCAL NOTE Administrative fiscal effect is minimal contributing an estimated $1000 per year to the general fund. Finance Department: 'ice Lt /k ATTORNEY REVIEW Yes No X_ RECOMMENDATION t, Council approves Resolution 2013 - 034) authorizing the City Manager to create an account dedicated to the reception and deposit of animal shelter donations and dog license fees. b�l Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2013 -037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A GRANT AGREEMENT WITH THE ALASKA DEPARTMENT OF TRANSPORTATION HARBOR FACILITY GRANT PROGRAM FOR $1,137,254 AND TO ENTER INTO A CONSTRUCTION CONTRACT WITH ORION MARINE CONTRACTORS, INC. IN AN AMOUNT NOT TO EXCEED $2,083,980 FOR THE D -FLOAT REPLACEMENT PROJECT AT THE SEWARD SMALL BOAT HARBOR AND AN ADDITIONAL $208,398 AS A PROJECT CONTINGENCY AND APPROPRIATING FUNDS WHEREAS, the City of Seward hired URS Engineers to inspect the southwest portion of the original small boat harbor in October 2010; and WHEREAS, the report written in January 2011 found that the docks that were constructed in the 1960's are beyond their service life; and WHEREAS, the report recommended that the replacement of D Float should be the harbor's top priority; and WHEREAS, the City developed a scope of work with the assistance of R & M Consultants, Inc. and advertised a competitive bid package according to SCC 6.10.210 and SCC 6.10.215; and WHEREAS, three bids were received by the required deadline of 3:00 p.m. on April 30, 2013; and WHEREAS, the City and R & M Consultants, Inc. reviewed all bids and concluded Orion Marine Contractors, Inc. was the lowest, most qualified and responsive bidder with a base bid amount of $1,676,000 and an Alternate A bid amount of $407,980; and WHEREAS, the City has received a matching grant offer from the Alaska Department of Transportation Harbor Facility Grant Program in the amount of $1,137,254; and WHEREAS, the City and PND Engineers, Inc. agree that a ten percent contingency is necessary for a project of this magnitude to address the potential for unforeseen project costs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is hereby authorized to enter into a grant agreement with the Alaska Department of Transportation Harbor Facility Grant Program in the amount of $ 1,137, 254. lDD CITY OF SEWARD, ALASKA RESOLUTION 2013 -037 Section 2. The City Manager is hereby authorized to enter into a construction contract not- to- exceed $2,083,980 with Orion Marine Contractors, Inc., including both the Base Bid and the Alternate A in substantially the form as attached hereto, for the replacement of D Float at the Seward Small Boat Harbor. Section 3. Funding for this contract in an amount not -to- exceed $2,083,980 is hereby appropriated as follows: $1,137,254 from State grant account no. 315- 3154- 4680 -0200; $714,045 from the Harbor Maintenance and Repair Fund ( "MRRF ") Reserves 402 - 0000 - 3071 -0315 (which will fully deplete 100% of the reserves in the Harbor MRRF); and $423,209 from the Harbor Enterprise Fund reserves account no. 401 - 0000 - 3071 -0315; for the total of $2,083,980 appropriated to contracted services account no.315- 3154 -5925. Section 4. Funding of a ten percent contingency in an amount not -to- exceed $208,398 is likewise appropriated from the Harbor Enterprise Fund Reserves 401 - 0000 - 3071 -0315 to the D Float Replacement contingency account no. .315-3154-5690. The contingency will be utilized only if required by justifiable cost over -runs approved in advance by the City Manager. Section 5. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 28 day of May, 2013. THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) b°I Agenda Statement of Meeting SFk Date: May 28, 2013 � 'b g Y 4 y� To: City Council q�A p • Through: City Manager Jim Hunt From: Harbormaster Mack Funk Agenda Item: Authorizing the City Manager to enter into a grant agreement with the Harbor Facility Grant Program and to enter into a construction contract with Orion Marine Contractors Inc., the most qualified and responsive bidder, for the D- Float Replacement Project and appropriate funds. BACKGROUND & JUSTIFICATION: An October 2010 inspection of the Seward Small Boat Harbor included a visual inspection of the facilities in the southwest harbor including approach trestles, gangways, and floating docks A, B, C, D, G and S Floats as well as the south harbor boat launch ramp. The Final Inspection Report issued in January 2011 states, "The floating docks in this section of the harbor were constructed in the 1960's and are at or beyond their service life and should be replaced." The report went on to recommend that D Float be the first phase of the southwest harbor replacement program. The City worked with R & M Consultants to draft and finalize a competitive bid package based on the City's standard construction agreement, the scope of work and the availability of funds. This project was advertised according to SCC 6.10.210 and SCC 6.10.215. Three bids were received by the City by the deadline of 3:00 p.m. on April 30, 2013. The City and R & M reviewed all bids and concluded Orion Marine Contractors, Inc. was the lowest, most qualified and responsive bidder with a total bid amount of $2,083,980 including the Base Bid and Alternate A. The project consists of 11,287 square feet of new timber floats (58 40 -foot slips), new utilities and safety improvements, and removing the creosote treated pilings and replacing with 53 16 -inch galvanized steel pilings. Alternate A includes a new gangway, trestle structure, and connection to the main walkway to the north. The bid tabulation follows: D -Float Replacement Project Engineers Orion Marine Harris Sand & Pacific Pile & Estimate Contractors Gravel Marine Base Bid $2,283,700 $1,676,000 $1,703,373 $1,873,080 Additive Alternate A Bid Price $492,550 $407,980 $387,199 $440,192 TOTAL $2,776,250 $2,083,980 $2,090,572 $2,313,272 10 INTENT: Enter into a grant agreement in the amount of $1 ,137,254 with the Alaska Department of Transportation, Harbor Facility Grant Program. Enter into a construction contract not -to- exceed $2,083,980 with Orion Marine Contractors, Inc. to replace D -Float in the Small Boat Harbor and appropriate funds. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (document source here): Create a thriving port of 1. Seward through harbor improvements, infrastructure expansion, and X implementation of management plans. (page 23) 2 Strategic Plan (document source here): 2003 Small Boat Harbor X Planning and Development Guide. 3. Other (list): Inspection Report January 2011 X FISCAL NOTE: Half of the cost of the engineering and construction work will be paid from a matching grant $1,137,254 [($2,083,980 + $190,528) /2] from the Alaska Department of Transportation. Additional funds are required to be appropriated in the amount of $208,398 representing a 10% contingency on the construction project, and will be utilized only if required by justifiable cost over -runs approved in advance by the City Manager. Approved by Finance Department: ' ,rte ATTORNEY REVIEW: Yes No UX\ K.Vi h — Clt.rk'5 oOicz dkd at rec ve. RECOMMENDATION: pYt aratf 6Y1 Council support Resolution 2013- 031 authorizing the City Manager to enter into a grant agreement with the Alaska Department of Transportation Harbor Facility grant Program and to enter into a construction contract with Orion Marine Contractors Inc., the most qualified, responsive and lowest bidder, to replace D Float at the Seward Small Boat Harbor and appropriate funds. 1\ Pot,/ DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES Harbor Facility Grant Program 7r Grant Agreement Grant Agreement Number Amount of State Grant Type of Harbor Facility Grant 13 - HG - 009 $1,180,000 Tier II Project Title Amount of Matching Municipal Funds Seward Small Boat Harbor D -Float $1,180,000 Replacement Grantee Contact Department Program Manager Municipality Name City of Seward Michael Lukshin, P.E. Grantee Contact Person Title /Grant Officer James Hunt, City Manager State Port and Harbor Engineer Street/PO Box Street /PO Box P.O. Box 167 P. O. Box 112500 City/State /Zip City /State /Zip Seward, AK 99664 _ Juneau, AK 99811 - 2500 Phone Fax Phone Fax 224 -4046 224 -4038 465 -3979 465 -2460 AGREEMENT The Department of Transportation and Public Facilities ( "Department ") and City of Seward ( "Grantee ") agree as follows: Section I. The Department will distribute Harbor Facility (ref: AS 29.60.800 et seq) grant monies to Grantee for performance of approved project work under this Agreement. The amount and timing of grant distribution is conditioned upon Grantee's payment of 50% matching funds and documented proof of authorized expenses incurred. In no event shall the distribution exceed $1,137,254. Section II. The Grantee shall comply with all terms and perform all work as outlined in this Agreement. Section III. Grantee's work under this Agreement is scheduled to begin in spring of 2013 and shall be completed no later than October 31, 2014. Section IV. This Agreement consists of this page, grantee's original application package, and the following: APPENDICES ATTACHMENTS Appendix A: Standard Provisions Attachment 1: Scope of Work Appendix B: Definitions 1. Project Name and Description Appendix C: Other State Laws and Regulations 2. Project Budget Appendix D: Insurance 3. Project Narrative Appendix E: Audit Compliance 4. Project Management & Reporting Appendix F: Site Control Attachment 2: Payment Method Appendix G: State Fire Marshall Review Attachment 3: Forms Packet a. Financial & Progress Report b. Sample Amendment c. Authorized Signatures Form AMENDMENTS: Any fully executed and mutually agreed upon amendments to this Agreement Grantee Department Signature Signature Printed Name and Title Printed Name and Title James Hunt, City Manager Michael Lukshin, P.E., State Ports and Harbors Engineer Date Date Appendix A Standard Provisions Article 1. General The laws and statutes of the State of Alaska shall govern this grant agreement. Article 2. Legal Authority The Department enters into this grant agreement in accordance with AS 19.05.040 (12). The Grantee certifies it possesses legal authority to accept grant funds from the State of Alaska and to execute the project described in this Grant Agreement by signing the Grant Agreement document. The Grantee's relation to the Department and the State of Alaska shall be at all times as an independent Grantee. Article 3. Program Objectives Authorized under Alaska Statute 29.60.800 et seq, these grants are subject to legislative appropriation and, subject to Grantee's provision of matching funds, available for purposes of municipal or regional housing authority harbor facilities construction, expansion, major repair, or major maintenance. Article 4. Program Procedures Following a grant application and review process, the Department executes a grant agreement with the successful grant applicant and specifies the terms under which a funded project may be implemented. Article 5. Assurance The Grantee shall spend monies awarded under this grant only for the purposes specified in this Grant Agreement, in accordance with AS 29.60.800 et seq. Article 6. Matching Funds Grantee shall provide at least 50 percent of the total project cost as matching funds for the state grant. Money received by the municipality from the state will not be used for the matching funds except money received under a) AS 29.60.850- 29.60.879 (community revenue sharing program); b) AS 29.60.450, AS 43.75.130, and 43.75.137 (shared fisheries business taxes); c) AS 43.52.200-43.52.295 (excise tax on overnight accommodations on commercial passenger vessels); and d) a transfer agreement between the state and a municipality pursuant to a sale under A S 35.10.1210. Article 7. Financial Management and Accounting Grantee shall establish and maintain a financial management and accounting system that conforms to generally accepted accounting principles. Article 8. Recordkeeping Grantee shall keep records concerning monies received, monies spent, and work performed in connection with this Grant Agreement. Such records will include documents concerning grant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays and income, project performance and efforts to comply with the provisions of the Grant Agreement. Article 9. Reports, Inspections and Audits The Grantee shall comply with all provisions of the grant agreement. It is responsible for managing the day - to -day operations of grant activities. However, as program steward, the Department monitors grants and Rev. 10 /20/2 Harbor Facility Grant Agreement No. 13 -HG -009 (Appendix A) Page 1 of 7 grant- supported activities. It does so through review of retained records, reports and correspondence from grantee, audit reports, site visits, and other means available to the Department. Article 10. Access to Records and Project The Department and State officials shall have full access and the right to examine, excerpt, and copy any documents of Grantee, and of persons or organizations with which the Grantee may contract, generated in connection with this Grant Agreement and any associated work. Additionally, the Department shall have unhindered access to the project site and all work performed in connection with this Agreement. Article 11. Retention of Records Grantee shall retain financial and program records, supporting documents, electronic data, and other records relating to the performance of this Grant Agreement for a period of six (6) years from the date when the Department completes a grant closure letter for the Grantee, or until final resolution of any audit findings, claims, or litigation related to the grant, whichever is later. Article 12. Reports Grantee, at such times and in such forms as the Department may require, shall furnish the Department with such periodic reports as it may request regarding the Grant Agreement and any associated work, including the final close -out report, costs and obligations incurred, and any other matters covered by this Agreement. Failure to submit complete, accurate, and timely reports may result in termination of the Grant Agreement or other enforcement action by the Department. Article 13. Assignability Grantee shall not assign or transfer any interest in this Grant Agreement. Article 14. Amendments and Modifications Grantee or the Department may request an amendment or modification of this Grant Agreement. However, with the exception of State measures imposed in connection with an enforcement action, such amendment or modification shall not take effect until they are properly ratified, approved in writing by the Department, and fully executed by mutual agreement. Article 15. Coordination of Appendices and Attachments In the event that any of the following listed contract documents conflict with another listed contract document, the order of precedence is: 1. Appendix A: Standard Provisions 2. Appendix B: Definitions 3. Appendix C: Other State Laws and Regulations 4. Appendix D: Insurance 5. Appendix E: Audit Compliance 6. Appendix F: Site Control 7. Appendix G: State Fire Marshall Review 8. Attachment 1: Scope of Work 9. Attachment 2: Payment Method 10. Attachment 3: Forms Packet Article 16. Waivers No conditions or provisions of this Grant Agreement can be waived unless approved by the Department in writing. The Department's failure to insist upon strict performance of any provision of the Grant Agreement, or to exercise any right based upon a breach thereof, or the acceptance of any performance during such a breach, shall not constitute a waiver of any right under this Grant Agreement. Rev 10/2012 Harbor Facility Grant Agreement No. 13 -HG -009 (Appendix A) Page 2 of 7 Article 17. Obligations Regarding Contracts and Third -Party Relationships Grantee shall be responsible for preparing and administering all contracts and work undertaken in connection with a grant award. Grantee shall ensure all such contracts and work comply with applicable federal, state, and local statutes, regulations, ordinances, and laws. Grantee shall remain fully obligated under the provisions of this Agreement notwithstanding its designation of any third party or parties of the undertaking of all or any part of the project described herein. Any subcontractor that is not the Grantee shall be required to comply with all the provisions of this Agreement. Grantee shall bind all contractors to each and every applicable Grant Agreement provision. Each contract for work to be performed with funds granted under this Grant Agreement shall specifically include a provision that the Department and the State of Alaska are not liable for damages or claims from damages arising from any contractor's performance or activities in connection with work authorized by this Grant Agreement. No contracting by Grantee shall create any contract or other relationship between the Department or the State of Alaska and the contractor. This Grant Agreement is solely for the benefit of the parties to the Grant Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of the Grant Agreement. Article 18. State Procurement Code The State Procurement Code does not apply to grants [ref: AS 36.30.850 (b) (1)]. Article 19. Indemnification Grantee, its successors and assigns, will defend, indemnify, and hold harmless the Department and the State of Alaska and their authorized agents and employees, from all claims, actions, costs, damages, or expenses of any nature whatsoever by reason of the acts or omissions of the Grantee, its contractors, subcontractors, assigns, agents, licenses, invitees, employees, or any person whomever arising out of or in connection with performance of this Grant Agreement or any related contract. This obligation shall not include such claims, costs, damages, or expenses which may be caused by the sole negligence of the Department and the State of Alaska or their authorized agents or employees, provided, that if the claims or damages are caused by or result from the concurrent negligence of (a) the Department and the State of Alaska and their agents or employees, and (b) the Grantee, its agents or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Grantee, or Grantee's agents or employees. Article 20. Notices The Grantee shall comply with all public notices or notices to individuals required by applicable state and federal laws and shall maintain a record of this compliance. Article 21. Political Activity No portion of the funds provided shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. Article 22. Conflict of Interest No officer or employee of the Department; no member, officer, or employee of Grantee or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of such locality or localities who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this Grant Agreement. Grantee shall incorporate, or cause to incorporate, in all such contracts or subcontracts, a provision prohibiting such interest pursuant to the purpose of this provision. Article 23. Prohibition Against Payment of Bonus or Commission Rev. 10/2012 Harbor Facility Grant Agreement No. 13 -HG -009 (Appendix A) Page 3 of 7 The assistance provided under this Grant Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval or concurrence under this agreement. Article 24. Grant Agreement Termination Date The Department will automatically terminate this Grant Agreement after either (1) the project is complete and 100% of the grant funds have been dispersed or (2) eighteen (18) months have lapsed since the date the grant agreement was signed, which ever one comes first. Article 25. Termination by Mutual Agreement This Grant Agreement may be terminated, in whole or in part, prior to the completion of contract project activities when both parties agree continuation is not feasible or would not produce beneficial results commensurate with the further expenditure of funds. The Department will determine whether an environmental review of the cancellation is required under State and /or Federal law. The parties must agree on the termination conditions, including effective date and the portion to be terminated. Grantee shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. The Department shall make funds available to Grantee to pay for allowable expenses incurred before the effective date of termination. Article 26. Termination for Cause If Grantee fails to comply with the terms of this Grant Agreement, or fails to use the grant for only those purposes set forth herein, the Department may take the following actions: A. Suspension — After mailing written notice to grantee via certified mail, suspend the grant and withhold any further payment or prohibit grantee from incurring additional obligations of grant funds, pending corrective action by grantee or a decision to terminate. Grantee must delivery its protest to the grant officer, if any, within 15 days of the Department's certified mailing. Otherwise, grantee will waive any right of protest. B. Termination — Terminate the grant in whole or in part, at any time before the final grant payment is made. The Department shall promptly notify grantee in writing of its determination to terminate, the reason for such termination, and the effective date of the termination. Payments made to grantee or recoveries by the Department shall be in accordance with the legal rights and liabilities of the parties. C. The Department may take any other enforcement action as may be appropriate. Article 27. Withdrawal of Funds In the event funding from the state legislature is withdrawn, reduced, or limited in any way after the effective date of this Grant Agreement and prior to normal completion, the Department may, without liability to Grantee or others, terminate the agreement, reduce funding, or re- negotiate subject to those new funding limitations and conditions. The Department will notify grantee of any such action through certified mail. Article 28. Recovery of Funds In the event of a default or violation of the terms of the Grant Agreement including misspent funds, unallowable costs incurred, or unobligated balances, the Department is entitled to recover all or part of the project funds paid to Grantee. If Grantee does not promptly remit the funds in response to a demand, the grant officer or the Department may collect the debt by: • Making an administrative offset against payments that would be due under other grant awards or appropriations, • Withholding advance payments that would otherwise be due, • Instituting civil action, or • Taking any other action permitted by law. All remedies conferred on the Department by this Agreement or any other instrument or agreement are cumulative, not exclusive, and may be exercised concurrently or consecutively at the Department's option. Article 29. Enforcement Rev.10/2012 Harbor Facility Grant Agreement No. 13 -HG -009 (Appendix A) Page 4 of 7 The grant officer may take one or more actions in the event grantee fails to comply with the terms of the award. Upon written notification via certified mail explaining the basis of the action, the grant officer may suspend the grant pending corrective action or terminate the grant for cause. The grant officer may impose conditions requiring correction of noncompliance or deficiency, e.g., temporarily withholding grant payment or conversion from an advance payment method to a reimbursement method. If conditions are imposed, the grant officer will inform grantee in writing as to the nature of the conditions, the reason for imposition, the nature of the corrective action needed, the time allowed for completing corrective actions, and the method for protesting /requesting reconsideration of this action. Grantee may contest enforcement action implemented by the grant officer through the protest procedure. Article 30. Protest Procedure A grant recipient contesting an enforcement action may file a protest with the grant officer within 15 days of receipt of written notice of the action. If Grantee files its protest after 15 days, the grant officer will deny it as untimely. The protest must include the name, address, and telephone number of the protester, the signature of the protester or the protester's representative, a detailed statement of the legal and factual grounds of the protest, including copies of relevant documents, and the form of relief requested. Within 15 days of receipt of the protest, the grant officer will issue a decision. The grant officer may extend this deadline for up to 30 days, in which case he /she shall notify the protester in writing of date of the extended deadline. If the officer sustains a recipient's objection to an enforcement action, he /she may rescind or modify the enforcement measure, or implement another appropriate remedy. In no case, however, is an applicant entitled to recover more than its reasonable protest preparation costs. In determining an appropriate remedy, the officer shall consider the circumstances surrounding the enforcement measures including the seriousness of the deficiencies, the degree of prejudice to other interested parties or to the integrity of the grant program, the good faith of the parties, the extent to which the terms of the grant agreement have been accomplished, costs to or impacts on the program or department regarding a proposed remedy. Article 31. Appeal Within 15 days of receipt of the grant officer's decision, the protester may file an appeal with the commissioner and file a duplicate copy with the grant officer. The commissioner shall dismiss an appeal if it is untimely. The appeal must include the information required under Article 25, a copy of the decision from which appeal is taken, and identification of the factual or legal errors in the decision forming the basis for the appeal. The grant officer shall file a complete report on the protest and decision with the commissioner within 15 days of receipt of the protest appeal. The grant officer shall furnish a copy of the report to the protester. The protester may file comments on the protest report with the commissioner within 7 days of receipt of the report. The protester shall provide copies of the comments to the grant officer. The grant officer and the protester may make written request to the commissioner for an extension of time to submit their respective filings. The commissioner shall respond any such request in writing. If an extension is granted, the commissioner shall notify both parties of the new filing deadline. The commissioner may issue a decision on an appeal without a hearing if the appeal involves no genuine issues of material fact. If a hearing on a protest appeal is required, it shall be conducted in accordance with AS 36.30.670. If a hearing on a protest appeal is required, it shall be conducted in accordance with AS 36.30.670. Article 32. Ownership of Project /Capital Facilities The Department makes no claim to any capital facilities or real property improved or constructed with funds under this Grant Agreement and, by this grant of funds, does not and will not acquire any ownership interest Rev. 10/2012 Harbor Facility Grant Agreement No. 13 -HG -009 (Appendix A) Page 5 of 7 T1 or title to such property of Grantee. Grantee shall assume all liabilities arising in connection with the ownership and operation of the project and agrees to hold the Department and the State of Alaska harmless from any and all causes of action arising in connection with the ownership or operation of the project. Article 33. Site Control If the grant project involves the occupancy and use of real property, Grantee assures it has legal right to occupy and use the real property for the purposes of the grant and that there is legal access to such property. Article 34. Insurance Grantee is responsible for securing and maintaining any necessary insurance, e.g., liability, property loss, etc., or an adequate program of insurance. In addition, Grantee shall provide and maintain Workers' Compensation Insurance as required by AS 23.30 for all employees engaged in work under this Grant Agreement. Grantee shall require any contractor to provide and maintain Workers' Compensation Insurance for its employees as required by AS 23.30. Article 35. Governing law This Grant Agreement is governed by the laws of the State of Alaska. Grantee shall perform all aspects of this project in compliance with the appropriate laws, regulations, and codes. Grantee is responsible for ensuring all permits required for the construction and operation of this project by the Federal, State, or Local governments are obtained. Article 36. Equal Employment Opportunity Grantee may not discriminate against any employee or applicant for employment because of race, religion, color, national origin, age, physical handicap, sex, marital status, changes in marital status, pregnancy or parenthood. Grantee shall post in a conspicuous place, available to employees and applicants for employment, a notice setting out the provisions of this paragraph. Grantee shall state, in all solicitations or advertisements for employees to work on state funded projects, it is an equal opportunity employer (EEO) and all qualified applicants will receive consideration for employment without regard to race, religion, color, national origin, age, physical handicap, sex, marital status, changes in marital status, pregnancy or parenthood. Grantee shall include the provisions of this EEO article in every contract relating to this Grant Agreement and shall require the inclusion of these provisions in every agreement entered into by any of its contractors, so that those provisions will be binding upon each contractor or subcontractor. Article 37. Public Purposes Grantee agrees the project to which this Grant Agreement relates shall be dedicated to public purposes for its useful life. The benefits of the project shall be made available without regard to race, religion, color, national origin, age, physical handicap, sex, marital status, changes in marital status, pregnancy or parenthood. Article 38. Operation and Maintenance Throughout the life of the project, Grantee shall be responsible for the operation and maintenance of any harbor facility to which it has applied grant monies under this Agreement. Article 39. Current Prevailing Rates of Wage Certain grant projects are constrained by the provisions of AS 36. PUBLIC CONTRACTS. To the extent that such provisions apply to this project, Grantee shall pay the current prevailing rates of wage to employees as required by AS 36.05.010. Grantee also shall require any contractor to pay the current prevailing rates of wage as required by AS 36.05.010. Article 40. Severability Rev.10, 201? Harbor Facility Grant Agreement No. l3 -HG -009 (Appendix A) Page 6 of 7 If any provision of this Grant Agreement or its application to any person or circumstance is held invalid by any court of proper jurisdiction, this invalidity does not affect other provisions of this Agreement. Article 41. Performance The Department's failure to insist upon strict performance of any provision of this Agreement or to exercise any right based upon breach thereof shall not constitute a waiver of any rights under this Grant Agreement. Article 42. Sovereign Immunity If Grantee is an entity which possesses sovereign immunity, Grantee shall irrevocably waive its sovereign immunity with respect to state enforcement of this Grant Agreement. The waiver of sovereign immunity, affected by resolution of the entity's governing body, is herein incorporated into this Grant Agreement. Article 43. Audit Requirements Grantee shall comply with the audit requirements contained in 02 AAC 45.010. Article 44. Close -Out The Department will advise Grantee to initiate close -out procedures when the Department determines, in consultation with Grantee, there are no impediments to close -out and that all the following criteria have been met or soon will be met: A. All costs to be paid with grant funds have been incurred with the exception of close -out costs and any unsettled third -party claims against Grantee. Costs are incurred when goods and services are received or contract work is performed. B. A document from the Grantee that states the contractor has completed all work and obligations under the Grantee's contract and there is a formal closure of the Grantee's construction contract. An example of an acceptable document would be the "Letter of Final Acceptance" as found in the Department's Alaska Construction Manual. C. The last required report has been submitted. Grantee's failure to submit a final report will not preclude the Department from effecting close -out if it is deemed in the State's interest. D. Other responsibilities of Grantee under this Grant Agreement and any close -out agreement and applicable laws and regulations appear to have been carried out satisfactorily or there is no further State interest in keeping the grant open for the purpose of securing performance. Article 45. Americans with Disabilities Act The Americans with Disabilities Act (ADA) prohibits discrimination against persons with disabilities. Title 1 of the ADA prohibits discrimination against persons with disabilities in employment and provides that a reasonable accommodation be provided for applicants and employees. Title II of the Act prohibits public agencies from discriminating against individuals with disabilities in the provision of services, programs, or activities. Reasonable accommodation must be made to ensure or allow access to all services, programs, or activities. This section of the Act includes physical access to public facilities and requires that public entities must, if necessary, make modifications to their facilities to remove physical barriers to ensure access by persons with disabilities. All new construction must also be accessible to persons with disabilities. A public entity's subgrantees or contractors must also comply with the ADA provisions. Grantee is responsible for assuring their compliance with the ADA. Rev. 10 /2012 Harbor Facility Grant Agreement No. 13 -HG -009 (Appendix A) Page 7 of 7 1 Appendix B Definitions Article 1. General If used in this Agreement, the terms identified below have the following meanings: An "adequate program of insurance" is a property self - insurance retention program which is financially capable of paying the actual replacement cost in the event of damage to or loss of harbor facility component(s) for which the municipality or regional housing authority is seeking a grant under AS 29.60.800 et seq. The grant officer will determine whether a municipality or regional housing authority's program fulfills the foregoing requirement. In so doing, the grant officer will review the adequacy of declared value of the harbor facility, provisions of the self - insurance retention program, and the municipality or regional housing authority's annual financial reports. In reviewing the reports, the grant officer will consider the following: (1) property loss history, outstanding claims liability, and proposed excess insurance coverage; (2) obligations under all other self - insured programs including their self - insured retention levels; (3) funding of the insurance program; and (4) bonded indebtedness. "Adequate property loss insurance" is property insurance underwritten by an insurer acceptable to the grant officer or procured and administered through ajoint insurance arrangement authorized by AS 21.76.010 et seq., which: (1) provides coverage for actual replacement cost in the event of damage to or loss of harbor facility component(s) for which the municipality or regional housing authority is seeking a grant under AS 29.60.800 et seq., and (2) imposes no more than a customary deductible percentage of actual replacement cost for a municipality or regional housing authority of applicant's size. An "audit" is a systematic review or appraisal of a grant recipient's internal accounting and other control systems to provide reasonable assurance the entity: • Properly conducts financial operations • Presents financial reports fairly, accurately and in a timely manner • Complies with applicable laws, regulations, and other grant terms • Manages and uses resources in an economical and efficient manner • Achieves desired results and objectives in an effective manner "Capital improvement program" is a planning document that identifies the capital needs of a municipality or regional housing authority and indicates how these needs will be funded over a multi -year period. A Capital Improvement Program contains the descriptions and cost estimates for capital improvement projects. "Capital improvement project" or "project" is a public harbor facility, building or other structure, public works, or other facility, highway, or local service road; the term includes an allocation or appropriation item for a public asset with an anticipated life exceeding one year and a cost exceeding $25,000 and may include construction, structural improvement, engineering and design for the project, and equipment and repair costs. "Commissioner" means the commissioner of the Department of Transportation and Public Facilities. "Custodial care program" is a set of organized and methodical acts to ensure that a harbor facility is operated in a prudent and reasonable fashion for the maximum benefit of owners, users and other stakeholders. "Department" means the Department of Transportation and Public Facilities. "Expansion" of an existing harbor facility is any capital improvement that results in an increase in capacity including moorage or dock enhancements. "Fiscal year" means a year beginning on July 1 of one calendar year and ending on June 30 of the following calendar year Rev. 10/2012 Harbor Facility Grant Agreement No. 13-HG-009 (Appendix B) Page 1 of 3 "Force account" means the use of the applicant's own labor force and equipment. A "grant" is an award of monies to a municipality or regional housing authority under the harbor facility grant program, AS 29.60.800 et seq. A "grant agreement" is a contract containing the terms under which the department agrees to provide a harbor facility grant to a recipient. A "grant applicant" or "applicant" is a municipality or regional housing authority seeking a harbor facility grant under AS 29.60.800 et seq. A "grant officer" or "officer" is the departmental representative administering the grant application process or a recipient's grant. "Grant program" or "program" is the Harbor Facility Grant Program, AS 29.60.800 et seq. A "grant recipient" or "grantee" is a municipality or regional housing authority to which the department has awarded a harbor facility grant under AS 29.60.800 et seq. A "harbor" is a sheltered arm of the sea, bounded by natural features, manmade structures, or a combination of both, in which small boats may seek refuge, transfer cargo, embark and disembark passengers, and /or undergo repair. A "harbor facility" is a system of floats, piers, ramps, pilings, and associated upland appurtenances within a harbor that provide for the moorage, movement, launching, hauling, and maintenance of small boats. (1) The removal, replacement, rehabilitation, or installation of the following items are eligible for funding under this program: • Approach structures • Pilings and anchors • Access ramps and gangways • Float systems for permanent and transient moorage • Floating breakwaters • Utility systems integral to the float systems (specifically power, lights, fresh water, sewage pump out, and fire protection) • Launch ramps • Seaplane floats • Portable or trailer mounted equipment for fire fighting, sewage pump out, oily bilge water, etc. • Other appurtenances necessary for the basic operation of the harbor facility (2) Work that is not eligible under this program includes the removal, replacement, rehabilitation, or installation of: • Dredging • Rubble -mound breakwaters and revetments • Dikes, groins, and jetties • Wharfs and docks for large commercial or tourist marine vessels (greater than 125 feet LOA) • Seawalls, bulkheads, sheet pile walls, gabions, and quays • Access roads and upland improvements • Boat houses • Commercial or privately owned utility systems on the float systems • Fuel and oil distribution systems • Platform floats for small buildings, restrooms, or commercial retail space • Landscaping and facility amenities, e.g., trash receptacles, used oil collection tanks, storage /locker boxes, fish cleaning stations, etc. • Utility system improvements beyond the harbor facility limits, e.g., electrical and water /sewer line extensions to bring those services to the harbor facility • Harbormaster offices, buildings, offices, shops, boat yards or storage structures • Marine vessel hoisting machinery and small boat haul -out systems Rev. 10/2012 Harbor Facility Grant Agreement No. 13 -HG -009 (Appendix B) Page 2 of 3 Z\ (3) For purposes of this program, each named harbor facility in an agreement that transfers ownership from the state to a municipal or regional housing authority, constitutes a harbor facility for which the municipal or regional housing authority is eligible to receive only one grant with a Tier I status. There may be more than one named harbor facility in a Harbor Transfer Agreement or Bill of Sale. "In -kind contribution" means a contribution of equipment, supplies, property or other non -cash item in lieu of a dollar contribution. "Length- over -all (LOA)" is the linear distance, in feet, from the forward most part at the stem to the aftermost part of the stern of the marine vessel, measured parallel to the base line of the marine vessel. "Major maintenance and/or major repair" is a project to extend the life of an existing harbor facility by 10 or more years including reconstruction and/or rehabilitation with a total cost exceeding $50,000. "Municipality" means a political subdivision incorporated under the laws of the state that is a home rule or general law city, a home rule or general law borough, or a unified municipality. "New construction" means construction of a harbor facility at a new harbor. "Preparation costs," when used in the context of application or protest preparation costs, are limited to reasonable clerical, copying, and postage costs incurred in preparing and submitting grant application forms or documentation in support of a protest. They do not include costs incurred in connection with formulating facility preliminary or layout drawings, engineering designs (comprising plans, estimates and specifications for a project), preventive maintenance plans, financial plans, schedules, budgets, legal costs or fees, or the like. "Preventive maintenance" is the planned strategy of cost - effective treatments to an existing harbor system and its appurtenances that preserves the system, retards future deterioration, and maintains or improves the functional condition of the system (without substantially increasing structural capacity). "Preventive maintenance program" is a systematic approach to extending the life of harbor components by applying low -cost preventive maintenance treatments. "Regional housing authority" means a regional housing authority established under AS 18.55.996 "Small Boat" means a recreational, pleasure or commercial fishing marine vessel with a LOA of equal to or less than 125 feet. "Small Boat Harbor" means a harbor facility where the majority of the marine vessels are small boats. A harbor facility can also be used for intermittent or transient use by vessels over 125 feet long. "Unobligated balance" means the portion of the funds authorized by the department that has not been obligated by the recipient and is determined by deducting the cumulative obligations from the cumulative funds authorized. Article 2. Other terms and definitions If a term is not defined, the ordinary, technical, or trade meanings of that term shall apply, within the context in which it is used. Rev. /0/2012 Harbor Facility Grant Agreement No. 13-HG-009 (Appendix B) Page 3 of 3 Appendix C Other State Laws and Regulations The following is a non - exclusive list of legal provisions that may apply to grantee's project. Other provisions may apply. Grantee is obligated to identify and comply with all applicable legal requirements (federal, state, and local). Grant Eligibility —AS 29.60.810 For initial and continued eligibility, Grantee must secure and maintain adequate property loss insurance for the replacement cost of the harbor facility or maintain an adequate program of insurance which achieves the same end. In addition, Grantee must have an adequate preventive maintenance plan for the harbor facility and adequately adhere to the plan after completion of the project. Municipality Public Facility Operations and Maintenance —AS 37.05.315(c) In accepting a grant for construction of a public facility, a municipality covenants with the State that it will operate and maintain the facility for the practical life of the facility and that the municipality will not look to the State to operate or maintain the facility or pay for its operation or maintenance. This requirement does not apply to a grant for repair or improvement of an existing facility operated or maintained by the State at the time the grant is accepted if the repair or improvement for which the grant is made will not substantially increase the operating or maintenance costs to the State. Restriction on Use—AS 37.05.321 A grant or earnings from a grant may not be used for the purpose of influencing legislative action. In this section "influencing legislative action" means promoting, advocating, supporting, modifying, opposing, or delaying or seeking to do the same with respect to any legislative action but does not include the provision or use of information, statistics, studies, or analyses in written or oral form or format. A grant or earnings from a grant may not be used for purposes of travel in connection with influencing legislative action unless pursuant to a specific request from a legislator or legislative committee. Hiring Preferences—AS 36.10 This chapter of the Alaska Statutes applies to grants for public works projects and requires compliance with the hiring preferences under AS 36.10.150 — 36.10.175 for employment generated by the grant. Historic Preservation Act—AS 41.35 This chapter of the Alaska Statutes applies to public construction of any nature undertaken by the State, or by a governmental agency of the State, or by a private person under contract with or licensed by the State or a governmental agency of the State. The Department of Natural Resources must be notified if the construction is planned for an archaeological site. The department may stop the construction to determine the extent of the historic, prehistoric, or archaeological values. Fire Protection —AS 18.70 This chapter of the Alaska Statutes requires the Department of Public Safety (the State Fire Marshal) to adopt regulations (currently in the form of Uniform Fire Code, as amended) establishing minimum standards for: 1. Fire detection and suppression equipment; 2. Fire and life safety criteria in commercial, industrial, business, institutional, or other public buildings used for residential purposes containing four or more dwelling units; 3. Any activity in which combustible or explosive materials are stored or handled in commercial quantities; 4. Conditions or activities carried on outside a building described in (2) or (3) likely to cause injury to persons or property. Rev. 10/2012 Harbor Facility Grant Agreement No. 13 -HG -009 (Appendix C) Page 1 of 2 Environmental Conservation -AS 46.03 This chapter of the Alaska Statutes applies to Grantees and could subject them to enforcement actions instituted by the Alaska Department of Environmental Conservation for air, land and water nuisances, and water and air pollution in a municipality of 1,000 or more, and may establish a local air pollution control program. Permits and Environmental Procedures Coordination -AS 46.35 This chapter of the Alaska Statutes establishes the Department of Environmental Conservation as the central state agency for processing environmental permits issued by State agencies. The law requires a master application form and specifies the following permits including others designated by the commissioner to which this law applies: Access Roads Permit -AS 41.21.020, 11 AAC 12.020 Air Emissions Permit AS 46.14.140, 18 AAC 50.030 Anadromous Fish Protection Permit-AS 16.05.870, 5 AAC 95.010 Authorization for Tidelands Transportation -AS 38.05.035, 11 AAC 51.015 Brine or Other Salt Water Waste Disposal Permit-AS 31.05.030, 20 AAC 22.252 Burning Permit during Fire Season -AS 41.15.060, 11 AAC 95.410 Coal Development Permit AS 27.21.030, 11 AAC 85.110 Critical Habitat Area Permit-AS 16.20.510, 05 AAC 95.420 Dam Construction Permit-AS 46.17.040, 11 AAC 93.171 Driveway Permit AS 19.05.040, 17 AAC 10.020 Encroachment Permit -AS 19.25.200, 17 AAC 10.012 Limited Personal Use Permit-AS 38.05.820, 11 AAC 62.010 Miscellaneous State Land Use Permit -AS 38.05.035, 11 AAC 96.010 Mineral and Geothermal Prospecting Permits -AS 38.05.181, 11 AAC 82.100 Open Burning Permit-AS 46.03.020, 18 AAC 50.065 Permit for Use of Timber or Materials -AS 38.05.110, 11 AAC 71.025 Permit to Appropriate Water -AS 46.15.040, 11 AAC 93.120 Pesticides Permit -AS 46.03.320, 18 AAC 90.300 Preferred Use Permit -AS 46.15.150, 11 AAC 93.240 Right -of -Way and Easement Permits -AS 38.05.850, 11 AAC 58.740 Solid Waste Disposal -AS 46.03.100, 18 AAC 60.200 Special Land Use Permit AS 38.05.035, 11 AAC 58.210 Special Material Use Permit-AS 38.05.115, 11 AAC 71.025 State Game Refuge Land Permit -AS 16.20.050 - 16.20.060 State Park Incompatible Use Permit AS 41.21.020, 11 AAC 18.010 Surface Oiling Permit AS 46.03.740, 18 AAC 75.700 Surface Use Permit -AS 38.05.255, 11 AAC 86.600 Tide and Submerged Lands Prospecting Permit -AS 38.05.250, 11 AAC 62.700 Tidelands Permit-AS 38.05.035, 11 AAC 62.720 Tidelands Right -of -Way or Easement Permit-AS 38.05.820, 11 AAC 62.720 Utility Permit AS 19.25.010, 17 AAC 15.011 Waste Water Disposal Permit-AS 46.03.100, 18 AAC 72.010 Water Well Permit AS 31.05.030, 11 AAC 93.140 Rev. 10/2012 Harbor Facility Grant Agreement No. 13 -HG -009 (Appendix C) Page 2 of 2 C24L\ Appendix D Insurance Article 1. Insurance Without limiting contractor's indemnification, it is agreed that the contractor shall purchase at its own expense and maintain in force at all times during the performance of services under this agreement the following policies of insurance. Where specific limits are shown, it is understood that they shall be the minimum acceptable limits. If the contractor's policy contains higher limits, the State shall be entitled to coverage to the extent of such higher limits. Certificates of Insurance must be furnished to the Grant Officer prior to beginning work and must provide for a thirty (30) day prior notice of cancellation, non - renewal or material change. Failure to furnish satisfactory evidence of insurance or lapse of the policy is a material breach and grounds for termination of the contractor's services. 1.1 Workers' Compensation Insurance: The contractor shall provide and maintain, for all employees of the contractor engaged in work under this contract, Workers' Compensation Insurance as required by AS 23.30.045. The contractor shall be responsible for Workers' Compensation Insurance for any subcontractor who directly or indirectly provides services under this contract. This coverage must include statutory coverage for states in which employees are engaging in work and employer's liability protection is not less than $100,000.00 per occurrence. Where applicable, coverage for all federal acts (i.e. USL & H and Jones Acts) must also be included. 1.2 Comprehensive (Commercial) General Liability Insurance: With coverage limits not less than $300,000.00 combined single limit per occurrence and annual aggregates where generally applicable and shall include premises- operations, independent contractors, products /completed operations, broad form property damage, blanket contractual and personal injury endorsements. 1.3 Comprehensive Automobile Liability Insurance: Covering all owned, hired, and non -owned vehicles with coverage limits not less than $100,000.00 per person /$300,000.00 per occurrence bodily injury and $50,000.00 property damage. 1.4 Professional Liability Insurance: Covering all errors, omissions or negligent acts of the contractor, subcontractor or anyone directly or indirectly employed by them, made in the performance of this contract which result in financial loss to the State. Limits required are per the following schedule: Contract Amount Minimum Required Limits Under $100,000 $100,000 per occurrence /annual aggregate $100,000 - $499,999 $250,000 per occurrence /annual aggregate $500,000 - $999,999 $500,000 per occurrence /annual aggregate $1,000,000 or over Negotiable Rev. 10/2012 Harbor Facility Grant Agreement No. 13 -HG -009 (Appendix D) Page 1 of 1 Appendix E Audit Compliance 1. Program Objectives This grant is made at the discretion of the Legislature. The Grants are designated by the Legislature to provide for a specific project or activity to a specific entity. 2. Program Procedures Following enactment of the authorizing legislation, the Department then executes a grant agreement according to the appropriate statute with the entity and specifies the project to be undertaken. 3. State Single Audit The state coordinating agency for Federal and State Single Audits is the Department of Administration's Division of Finance. The Single Audit Coordinator is responsible for ensuring grantees submit their single audits, reviewing the single audits and distributing them to the appropriate agencies. See their web site at http:/ /fin.admin.state.ak.us /dof /ssa/. 4. Governing Regulations The Alaska Administrative Code, Chapter 45 (02 AAC 45). 5. Single Audit Coordinator Contact Info P.O. Box 110204, Juneau, AK 9911 -0204. Email single.audit @alaska.gov. Phone (907) 465 -4666. 6. Compliance Requirements and Suggested Audit Procedures There are no specific grant regulations governing the administration of these grants. All compliance requirements and suggested audit procedures must be based upon specific provisions of the grant agreement. A. TYPES OF SERVICES ALLOWED AND UNALLOWED Compliance Requirement • Grant funds can be expended for a variety of purposes as provided for in the authorizing legislation and as specified in the grant agreement. Suggested Audit Procedures • Test expenditures and related records. B. Eligibility • The auditor is not expected to make tests for recipient eligibility C. Matching Level of Effort Compliance The Grantee is required to submit monthly or quarterly financial and progress reports, as specified in the Grant Agreement. Compliance Requirement • Any matching, level of effort and /or earmarking requirements will be identified and established in the grant agreement. Suggested Audit Procedures • As appropriate, review the grant agreement, identify the types and amounts of match required and review the grantees accounting records to verify that the amount of match reported was provided. D. Reporting Requirements Compliance Requirement • The grant agreement will specify the reporting requirements to which the grantee must adhere to. Suggested Audit Procedures • Examine copies of reports and determine completeness, accuracy, and timeliness of submission • Trace data in selected reports to underlying documentation Rev. 10/2012 Harbor Facility Grant Agreement No. 13 -HG -009 64ppendix E) Page 1 of 2 7(=. E. Special Tests and Provisions Compliance Requirement • The grant agreements often contain specific provisions to which the grantee is to adhere. Suesested Audit Procedures • Review the grant agreement, identify special provisions or requirements and verify that they were met. Rev. 10/2012 Harbor Facility Grant Agreement No. 13 -HG -009 (Appendix E) Page 2 of 2 Appendix F Site Control 1. Site Control The Grantee must provide evidence of site control for a project that involves any use of land, including but not limited to, construction, renovation, utility projects, fuel storage, roads and trails. As a minimum requirement, the Grantee should obtain a "sufficient interest" that allows the Grantee the right to use and occupy the site for the expected useful life of the harbor facility, dock, building, structure or other improvement. Generally, the interest obtained should be for at least 20 years. A sufficient interest depends upon the nature of the project and the land status of the site. Site control options are identified in Section 2. For projects involving tide and submerged lands, the State of Alaska typically owns most of the state's tide and submerged lands along its coastline. The Department of Natural Resources (DNR) is the public agency responsible for administering the state's tide and submerged lands. For additional information contact your regional DNR, Division of Mining, Land & Water office: Southcentral Regional Office 550 West 7th Avenue, Suite 900 -C Anchorage, AK 99501 Phone: 907 - 269 -8503 Southeast Regional Office 400 Willoughby Avenue, 4th Floor Juneau, AK 99801 Phone: 907 - 465 -3400 Northern Regional Office 3700 Airport Way Fairbanks, AK 99709 Phone: 907 - 451 -2700 2. Site Control Options Below are some examples of documents that may be used to satisfy site control requirements for various community facilities /projects. The terms and conditions contained in each document must be examined to determine adequacy for a specific project. Tidelands Bill of Sale Lease Easement Use Permit License or Deed Harbor Facility Dock Dump Shop /Storage Building Bulk Fuel Storage Generator Building Multi - purpose building v v Road Trail Boardwalk Powerline Water /Sewer Line v v Pipeline Rev. 10/2012 Harbor Facility Grant Agreement No. 13 -HG -009 (Appendix F) Pagel of 1 Appendix G State Fire Marshal Review The Plan Review Process Construction, repair, remodel, addition, or change of occupancy of any building /structure, or installation or change of fuel tanks must be approved by the State Fire Marshal's Office before ANY work is started. Residential housing that is three -plex or smaller is exempt from this requirement. Exception: The following jurisdictions have accepted a deferral for total code enforcement and plans should be submitted directly to the city: Anchorage, Juneau, Fairbanks, Kenai, Seward, Kodiak, Sitka, and Soldotna Plans and specifications regarding the location of the building or structure on the property, area, height, number of stories, occupancy, type of construction, interior finish, exit facilities, electrical systems, mechanical systems, fuel storage tanks and their appurtenances, automatic fire- extinguishing systems, and fire alarm systems must be submitted by the owner or owner's representative to the State Fire Marshal for examination and approval. This review does not address structural considerations or accessibility requirements. Mechanical and electrical review is limited to that which is necessary to confirm compliance with fire and life safety requirements. A copy of the plan review approval certificate must be posted as required in 13 AAC 55.100(b). It is prohibited to occupy a building for which plans have not been examined and approved. If any work for which a plan review and approval is required has been started without first obtaining plan review and approval, an additional special processing plan review fee of $100 is charged for the first violation. The special processing plan review fee for a subsequent violation by the same person is an additional charge equal to the amount of the standard plan review fee for the project. Authority: AS 18.70 Alaska Administrative Code: 13 AAC 50.027 Rev 10/2012 Harbor Facility Grant Agreement No. 13 -11G -009 (Appendix G) Page 1 of 1 Attachment 1 Scope of Work 1. Project Name and Description The scope of work of this grant is to provide one -half, or 50 percent, of the grantee's eligible costs with state matching funds to the Grantee for use towards the Seward Small Boat Harbor D -float Replacement Project ( "the project "). The description of the scope of work is contained in the Grantee's Municipal Harbor Facility Grant proposal dated July 31, 2011 and is limited to the Grantee's bid tab results dated April 30, 2013. The bid tab results were as follows: a) Orion/West bid (base + additive alternative) Bid Item Description Quantity Units Unit Cost Item Cost 1 Mobilization / Demobilization All Req'd Lump Sum $180,000 $ 180,000.00 2 Construction Survey All Req'd Lump Sum $13,000 $ 13,000.00 3 Wildlife Observer All Req'd Lump Sum $7,000 $ 7,000.00 4 Demolish and Salvage (D Float) All Req'd Lunip Sum $130,000 $ 130,000.00 5 16" Dia Galv Steel Piles, Furnished 2580 LF $70 $ 180,600.00 6 16" Dia Galv Steel Piles Driven 43 EA $1,600 $ 68,800.00 7 Furnish and Install Potable Water All Req'd Lump Sum $55,000 $ 55,000.00 System 8 Furnish and Install Dry Standpipe Fire All Req'd Lump Sum $40,000 $ 40,000.00 Suppression System 9 Furnish and Install 10' Wide Main All Req'd Lump Sum $300,000 $ 300,000.00 Floats 10 Furnish and Install 5'x40' Stall Floats 28 EA $15,000 $ 420,000.00 11 Leveling Floatation Furnished 20 EA $100 $ 2,000.00 12 Leveling Flotation Installed 20 EA $340 $ 6,800.00 13 Furnish and Install Fire Extinguisher 4 EA $1,000 $ 4,000.00 and Cabinet 14 Furnish and Install Life Ring and 4 EA $1,000 $ 4,000.00 Cabinet 15 Furnish and Install Safety Ladders 15 EA $500 $ 7,500.00 16 Furnish and Install Anodes 43 EA $1,100 $ 47,300.00 17 Power and Lighting Systems All Req'd Lump Sum $210,000 $ 210,000.00 Al Construction Survey All Req'd Lump Sum $7,000 $ 7,000.00 A2 Wildlife Observer All Req'd Lump Sum $3,000 $ 3,000.00 A3 Demolition and Salvage All Req'd Lump Sum $60,000 $ 60,000.00 A4 16" Dia Galv Steel Piles, Furnished 534 LF $70 $ 37,380.00 A5 16" Dia Galv Steel Piles for Floats 6 EA $1,600 $ 9,600.00 Driven A6 16" Dia Galv Steel Piles for Trestle 4 EA $5,000 $ 20,000.00 Driven A7 Furnish and Install 10'x16' Timber All Req'd Lump Sum $35,000 $ 35,000.00 Trestle A8 Furnish and Install 6'x80' Covered 1 EA $60,000 $ 60,000.00 Aluminum Gangway A9 Furnish and Install 16'x20' Gangway 1 EA $30,000 $ 30,000.00 Float A10 Furnish and Install Main Float 1 EA $20,000 $ 20,000.00 Connection Module Al 1 Furnish and Install 10' Wide Headwalk All Req'd Lump Sum $50,000 $ 50,000.00 Float Rev 4/2012 Harbor Facility Grant Agreement No. 13 -HG -009 (Attachment 1) Page 1 of3 c10 Al2 Furnish and Install Potable Water All Req'd Lump Sum $15,000 $ 15,000.00 System A13 Furnish and Install Dry Standpipe Fire All Req'd Lump Sum $20,000 $ 20,000.00 Suppression System A 14 Furnish and Install Fire Extinguisher 2 EA $1,000 $ 2,000.00 and Cabinet A15 Furnish and Install Life Ring and 2 EA $1,000 $ 2,000.00 Cabinet A16 Furnish and Install Safety Ladders 2 EA $500 $ 1,000.00 A17 Furnish and Install Anodes 10 EA $1,100 $ 11,000.00 A18 Power and Lighting Systems All Req'd Lump Sum $25,000 $ 25,000.00 Subtotal $ 2,083,980.00 b) Estimated construction admin. & inspection expenses by R &M Consultants: Task Description Quantity Units Unit Cost Subtotal Cost 1 Construction Engineering Support All Req'd Lump Sum N/A $ 190,528.00 Subtotal $ 190,528.00 c) Total of all construction related activities for the project: Contractor Description Quantity Units Unit Cost Subtotal Cost Orion /West Base Bid + additive alternative All Req'd Lump Sum N/A $ 2,083,980.00 R &M Construction Engineering Support All Req'd Lump Sum N/A $ 190,528.00 Consultants Total $ 2,274,508.00 2. Project Budget Grantee Funds (from a variety of sources) Department Matching Funds Total Grantee and (per AS 29.60.800 et seq) Department Funds $1,137,254 $1,137,254 $2,274,508 3. Budget Narrative The Department's grant funds and grantee's matching funds identified above will be used to complete the project described above under the project description. Any project cost increase over the $2,274,508 original bid amount shall be borne by and be the responsibility of the grantee, including all change orders, extra work orders, and construction claims by the grantee's contractor. The Department's $1,137,254 in grant funds represents the Department's maximum financial contribution toward the project. The Department and the State of Alaska do not have a contractual role in the project and the Grantee shall fully and completely indemnify and protect the State of Alaska, the Department, and its employees of any and all issues connected with construction of the project. 4. Project Management and Reporting This project will be managed by the Grantee. Rev. 4/2012 Harbor Facili {y Grant Agreement No. 13 -HG -009 (Attachment 1) Page 2 of 3 Grantee's highest elected or municipal official possessing signatory authority for execution of the Grant Agreement and subsequent amendments may delegate his /her signatory authority to others within the municipal government via the Signatory Authority Form. The highest elected or municipal official may also designate grantee employees or council members financial and progress reporting authority via the Authorized Signatures Form. Such delegation is limited to officials and employees within the municipal government, unless otherwise approved by the Department. The Grantee must establish and maintain separate accounting for the use of this Grant. The use of Grant funds in any manner contrary to the terms and conditions of this Grant Agreement may result in revocation of the grant and any balance of funds under the grant, a demand by the Department for repayment of grant monies previously distributed to Grantee, or other enforcement action. The Grantee shall submit a Grant Financial /Progress Report Form each month or quarterly with the concurrence of the Department, during the life of the Grant Agreement. Grant Financial /Progress Report Forms are due fifteen (15) days after the end of the month or quarter being reported. Typically, the report period is the first of the month through the last day of the month. If quarterly reporting is used, the report period is the first day of the first month through the last day of the third month of the quarter. The final Financial /Progress Reports must be submitted within thirty (30) days following completion of the project. Under no circumstances will the Department release funds to the Grantee unless all required reporting is current. Rev. 4/2012 Harbor Facility Grant Agreement No. 13 -HG -009 (Attachment 1) Page 3 of 3 9D\ Attachment 2 Payment Method Payment Schedule Upon full execution of this Grant Agreement, State treasury warrants will be released according to the payment schedule described below. Additional State treasury warrants will be released on a reimbursement basis upon receiving and approving Grantee's financial /progress reports. The Department will reimburse the Grantee for eligible costs incurred during the reporting period, in accordance with this Grant Agreement. The Department will not reimburse the Grantee without a complete and signed Financial /Progress Report and Request for Reimbursement form, prepared and submitted by Grantee's highest elected or municipal official. See Attachment 3 for a copy of the form. Upon full execution of this Grant Agreement, the payment schedule for the grant agreement number 13 -HG -009 shall be: Payment Payment Percentage of Payment No. Completion of work item the Total Grant Amount Amount 1 Award of contract to Grantee's contractor 10% $113,725 2 Grantee's contractor mobilizes on -site in 40% $454,901 Seward 3 Grantee's contractor completes 50% of the 15% $170,588 total project cost 4 Grantee's contractor completes 75% of the 15% $170,588 total project cost 5 Grantee's contractor completes 100% of the 10% $113,725 total project cost 6 Department receives all required final 10% $113,727 documentation from the Grantee Total $1,137,254 Before each payment, the grantee is responsible for providing suitable backup documentation in addition to submission of the Financial /Progress Report and Request for Reimbursement form. Before approving the financial /progress report for payment, the Department may require the Grantee to submit documentation of the costs reported, e.g., contractor billings, invoices, and copies of signed Grantee treasury warrants made to the Grantee's contractor. The minimum required documentation will be: • For Payment No. 1, the grantee shall provide a copy of a "Letter of Award" (aka a "Notice to Proceed ") to its contractor, or its equivalent. The term "Letter of Award" refers to a process used by the Department to officially notify the successful low bidder on a project that he has been selected to be the contractor for that respective project and the Department accepts his bid. The Grantee must produce an equivalent document showing that the work described in the grant agreement will be performed by a contractor. • For Payment No. 2, the grantee shall provide a copy of a payment or invoice, or its equivalent, showing that at least 50% of the "Mobilization and Demobilization" bid item has been paid to the grantee's contractor, or its equivalent. • For Payment No. 3, the grantee shall provide a copy of a payment or invoice, or its equivalent, for the described project showing that at least 50% of the total project cost has been paid to the grantee's contractor. • For Payment No. 4, the grantee shall provide a copy of a payment or invoice, or its equivalent, for the described project showing that at least 75% of the total project cost has been paid to the grantee's contractor. • For Payment No. 5, the grantee shall provide a copy of a Substantial Completion Letter to the Grantee's contractor, or its equivalent, that the project is complete. Alternatively, the grantee could provide a copy of a payment or invoice, or its equivalent, for the described project showing that 100% of the total project cost has been paid to the grantee's contractor. • For final payment, Payment No. 6, the Department will withhold ten percent (10 %) of the grantee agreement amount until all final documents and required grant reports have been submitted to the Department. Rev. 10/2012 Harbor Facility Grant Agreement No. 13 -HG -009 (Attachment 2) Page 1 oft 91 2. Indirect and Direct Costs The Grantor shall pay Grantee the grant funds Tess any State direct and indirect costs. For this project, there are no planned direct costs by the Department. Indirect charges are formally called Indirect Cost Allocation Plan (ICAP) rates. Per Departmental policy and procedures, all capital project expenditures, including grants, are subject to ICAP charges. The Department's current ICAP rate for harbor CIP projects, including harbor facility grants, is 2 %. The Department's ICAP rates vary by type of project. ICAP rates are subject to adjustment due to major changes in the budget for salaries and benefits, or other unforeseen Departmental costs. The Department reviews its ICAP rates annually and, depending on past cost recovery charges, may modify them. Changes to ICAP rates normally take effect at the beginning of the state fiscal year or July 1 The Grantor reserves the right to modify the Department's ICAP rate as necessary. 3. Withholding the Final Payment The Department will withhold the final payment (see Appendix A, Article 44), Payment No. 6, until the Department determines that the Grantee has satisfactorily completed the terms of this grant agreement, including all required reporting and submission of photographs of the in- progress and completed project. In addition, the Department may withhold all, or a percentage of, the final payment until it performs a final on -site inspection of the completed project. Rev. 10/2012 Harbor Facility Grant Agreement No. 13 -HG -009 (Attachment 2) Page 2 of 2 9y Attachment 3 Forms Packet 1. Grant Forms Packet The following pages contain three forms for the grant agreement: • The Financial /Progress Report and Request for Reimbursement form is to be used by the Grantee for monthly /quarterly reporting and for payment requests. Please read Section 4 "Project Management and Reporting" of Attachment 1. • A template for a Sample Amendment to the grant agreement. As necessary, an amendment may be required to the grant agreement. Please read Article 14. "Amendments and Modifications" of Appendix A. • A delegation of Signatory Authority form. Please read Section 4 "Project Management and Reporting" of Attachment 1. Additional copies of these forms are available from the Department, electronically or in hard copy. As necessary, other forms may be developed. Rev. 10/2012 Harbor Facility Grant Agreement No. 13 -HG -009 (A ttachnient 3) Page t of 1 laD Department of Transportation and Public Facilities HARBOR FACILITIES GRANT FINANCIAL/PROGRESS REPORT and Request for Reimbursement Recipient Name and Address: Return Report Form to: City of Seward Dept. of Transportation and Public Facilities P.O. Box 167 State Ports and Harbors Engineer Seward, AK 99664 P.O. Box 112500 Vendor EDI# Juneau, AK 99811 -2500 Project Name: Seward Small Boat Harbor D -float Replacement Grant Agreement No. 13 -HG -009 Report No. Report Period: From: To: Total Grant Amount (DOT &PF portion) 1 $1,137,254 1 Authorized to Prior DOT &PF Billing this Remaining date payments Report Period* Amount Contractor Payments R &M: Task 1 - Const. Engineering Support Totals Total Requested Amount this Report I 1 *Note: reference Attachment no. 2 "Payment Method" of the Grant Agreement Grantee's signature: I certify that to the best of my knowledge and belief the data reported herein is true and correct and all expenditures have been made for the purpose of and in accordance with, applicable grant terms and conditions. In addition, I state that the payment is due and has not been previously requested. Signature of Authorized Official Printed Name and Title Date (Note: Minimum documentation required with payment request is an expenditure report by payee by category by date and a progress report) DOT &PF STAFF USE Encumbrance #: Payment Amount: DOT &PF Approval: Signature Date Coding: CC 24462373 PJ 80714 LC 30698481 Program Code 57878 Account Code 73065 Page 1 of 2 Department of Transportation and Public Facilities HARBOR FACILITIES GRANT FINANCIAL/PROGRESS REPORT AND REQUEST FOR REIMBURSEMENT Grantee: Grant Number: City of Seward 13 -HG -009 Project Title: Report Number: Report Period: Seward Small Boat Harbor D -float Replacement From: To: PROGRESS REPORT: Describe activities that occurred during this report period. Identify any problems you may be experiencing. Attach additional pages if necessary. Provide photos of in- progress work and the final project. PDF copies of photos are appreciated. Page 2 of 2 I� 4( DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES ,. Harbor Facilities Grant Program 14 or 4 4 `.. Sample Amendment No. 1 This amendment modifies the Harbor Grant Agreement No. 13 -HG -009 between the State of Alaska and the City of Seward signed by Michael Lukshin, P.E., State Ports and Harbors Engineer, and James Hunt, City Manager, City of Seward on May XX, 2013. All other terms and conditions remain unchanged. In Attachment "X" or Appendix "X" (page X of X) change the following: Project Coordinators: Replace "Harold Moeser" with "Victor Winters" Project Budget: At the end of first sentence insert: "SLA 2003, Chapter 82, page 35, line 20" Project Schedule: At the end of the second sentence delete: "shall not exceed $1,000,000.00" and insert: "shall not exceed $5,000,000.00" This Amendment 1 to the Grant Agreement entered into as of the day and year written below: James Hunt, City Manager Date City of Seward State of Alaska Third Judicial District Subscribed and sworn to before me this day of , 2013 Notary Public My Commission expires: Michael Lukshin, P.E., State Ports & Harbors Engineer Date Alaska Department of Transportation and Public Facilities State of Alaska First Judicial District Subscribed and sworn to before me this day of , 2013 Notary Public My Commission expires: Seward Small Boat Harbor D -Float Replacement Project DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES Harbor Facility Grant Program ` Authorized Signatures Form - For Grantee Use Only Grantee City of Seward Grant No. 13 -HG -009 Project Seward SBH D -Float Replacement Fiscal Year 2013 The following Grantee Employees /Commission /Council /Assembly Members are authorized to sign the Grant Agreement and subsequent amendments to the Grant Agreement, if any: Name Name Title Title Signature Signature The following Grantee Employees /Commission /Council /Assembly Members are authorized to sign financial reports and requests for reimbursements of this grant: Name Name Title Title Signature Signature The signatory authority is conveyed by , Highest Elected Official of this day of , 20_ Signature — Highest Elected Official Printed Name Updated 10/2012 SECTION 00500 - CONTRACT CITY OF SEWARD, ALASKA D -Float Replacement Project PROJECT NAME CONTRACT ( "Contract "), between the City of Seward, Alaska, herein called the City, acting by and through its City Manager, and upon signing; this document shall serve as the notice to proceed, and Orion Marine Contractors, Inc. Company Name 6120 A Street Anchorage, AK 99518 Company Address (Street or PO Box, City, State, Zip) a/an ❑ Individual ❑Partnership CI Joint Venture ESole Proprietorship Corporation incorporated under the laws of the State of DELAWARE, its successors and assigns, herein called the Contractor, is effective the date of the signature of the City Manager on this document. The Contractor, for and in consideration of the payment or payments herein specified and agreed to by the City, hereby covenants and agrees to furnish and deliver all the materials and to do and perform all the work and labor required in the construction of the above - referenced project as bid by the Contractor, which bid and prices named, together with the Contract Documents (as hereinafter defined) are made a part of this Contract and accepted as such. It is distinctly understood and agreed that no claim for additional work or materials, done or furnished by the Contractor and not specifically herein provided for, will be allowed by the City, nor shall the Contractor do any work or furnish any material not covered by this Contract, unless such work or materials is ordered in writing by the City. In no event shall the City be liable for any materials furnished or used, or for any work or labor done, unless the materials, work, or labor are required by the Contract or on written order furnished by the City. Any such work or materials which may be done or furnished by the Contractor without written order first being given shall be at the Contractor's own risk, cost, and expense and the Contractor hereby covenants and agrees to make no claim for compensation for work or materials done or furnished without such written order. Notwithstanding the foregoing, payment under this Contract shall not exceed Two million eighty -three thousand nine hundred eighty and 00/100 dollars ($2,083,980.00) for all Base Bid and Additive Alternate A items, additional work, and change orders. The Contractor further covenants and agrees that all materials shall be furnished and delivered and all work and labor shall be done and performed, in every respect, to the satisfaction of the City, on or before April 15, 2014. It is expressly understood and agreed that in case of the failure on the part of the Contractor, for any reason, except with the written consent of the City, to complete the furnishing and delivery of materials and the doing and performance of the work before the aforesaid date, the City shall have the right to deduct from any money due or which may become due the Contractor, or if no money shall be due, the City shall have the right to recover One thousand dollars ($1,000.00) per day for each calendar day elapsing between the time stipulated for the completion and the actual date of completion in accordance with the terms hereof; such deduction to be made, or sum to be recovered, not as a penalty but as liquidated damages. Provided, however, that upon receipt of written notice from the Contractor of the existence of causes over which the Contractor has no control and which must delay furnishing of materials or the completion of the work, the Contracting Officer may, at his or her discretion, extend the period specified for the furnishing of materials or the completion of the work, and in such case the Contractor shall become liable for liquidated damages for delays commencing from the date on which the extended period expires. The bonds given by the Contractor in the sum of $2,083,980 Payment and Performance Bond, to secure the proper compliance with the terms and provisions of this Contract, are submitted herewith and made a CONTRACT Page 00500 -1 1 C • SECTION 00500 - CONTRACT part hereof. The Contractor further covenants and agrees that the entire construction will be done under the administration of and to the complete satisfaction of the City subject to the inspection at all times and approval by any regulatory agency of the Local, State, or Federal Government of the United States of America, and in accordance with the laws of the State of Alaska and the City of Seward. For purposes of this Contract, Contracting Officer means Mack Funk or any other person designated by the City Manager, The Contractor is an independent contractor and not an employee or agent of the City. Contract Documents shall have the meaning ascribed by the General Conditions of the Construction Contract, and include but are not limited to this Contract, the General Conditions of the Construction Contract, the Supplementary Conditions, and the following listed documents: (1) D -Float Replacement Project Bid closed April 30, 2013 to include specifications and contract documents; and (2) Resolution 2013- . IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and conditions. CONTRACTOR Orion Marine Contractors, Inc. Company N me Signatu o Authorize any Representative g R Y 61— 61216<i O, V �° Co (t R u c :,()i.,, 0/ M 4 r�u of .10/44- Typed Name and Title f70 / Zo 1 3 Date CITY OF SEWARD Signature of City Manager Jim Hunt Typed Name Date Johanna Kinney City Clerk (ATTEST) CONTRACT Page 00500 -2 CA SECTION 00610 - PERFORMANCE BOND Bond No. 022045431 For: City of Seward, Small Boat Harbor, D - Float Replacement Project Project Name and Number KNOW ALL WHO SHALL SEE THESE PRESENTS: that Orion Marine Contractors, Inc. of 6120 A Street, Anchorage, AK 99518 as Principal and Liberty Mutual Insurance Company of 175 Berkeley Street, Boston, MA 02116 as Surety, are held and firmly bound unto the City of Seward, P.O. Box 167, Seward, Alaska 99664, as Owner, in the penal sum of $Two Million Eighty -Three Thousand* in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successor, and assigns, jointly and severally, firmly by these presents. 'Nine Hundred Eighty and No /100 ($2,083,980.00) THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a written construction contract with the Owner, dated the day . 20_, for the construction of the above -named project, said work to be done according to the terms of said contract. NOW, THEREFORE, if the Principal shall well and truly perform and complete all obligations and Work provided for in such contract, and any authorized extension or modification thereof, and reimburse upon demand of the Owner any sums paid which exceed the final payment due upon completion, then this obligation shall be void: otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder or the Specifications accompanying the same shall in any wise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications. IN WITNESS WHEREOF, this instrument is executed in 2 counterparts, each one of which shall be deemed an original, this day of 20 13. PRINCIPAL: SURETY Orion Marine C ntractors, Inc. Liberty Mutual Insurance Company By: \ By Maria D. Zuniga, Attorney -in -Fact Address: 6120 A Street Address: 175 Berkeley Street Anchorage, AK 99518 Boston, MA 02116 Note: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners must exs.:ute Bond. D -Float Replacement PERFORMANCE BOND Page 00610 -1 1 obD., SECTION 00500 - CONTRACT part hereof. The Contractor further covenants and agrees that the entire construction will be done under the administration of and to the complete satisfaction of the City subject to the inspection at all times and approval by any regulatory agency of the Local, State, or Federal Government of the United States of America, and in accordance with the laws of the State of Alaska and the City of Seward. For purposes of this Contract, Contracting Officer means Mack Funk or any other person designated by the City Manager. The Contractor is an independent contractor and not an employee or agent of the City. Contract Documents shall have the meaning ascribed by the General Conditions of the Construction Contract, and include but are not limited to this Contract, the General Conditions of the Construction Contract, the Supplementary Conditions, and the following listed documents: (1) D -Float Replacement Project Bid closed April 30, 2013 to include specifications and contract documents; and (2) Resolution 2013- . IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and conditions. CONTRACTOR Orion Marine Contractors, Inc. Company N me Signatu o Authorize any Representative 8' 1 Y 6 f. ( 1121 G (J o') v io Co , (r it to c i po OMM.ti r /1 1 - 41 ,e4 Typed Name and Title 570 / Zoi 3 Date CITY OF SEWARD Signature of City Manager Jim Hunt Typed Name Date Johanna Kinney City Clerk (ATTEST) SMIC - VESSEL WASHDOWN PAD CONTRACT PHASE I Page 00500 -2 SECTION 00620 - PAYMENT BOND Bond No. 022045431 For: City of Seward, Small Boat Harbor, D - Float Replacement Project Project Name and Number KNOW ALL WHO SHALL SEE THESE PRESENTS: that Orion Marine Contractors, Inc. o f 6120 A Street, Anchorage, AK 99518 as Principal and Liberty Mutual Insurance Company of 175 Berkeley Street, Boston, MA 02116 as Surety, are held and firmly bound unto the City of Seward, P.O. Box 167, Seward, Alaska 99664, as Owner, in the penal sum of $ Two Million Eighty -Three Thousand' in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successor, and assigns, jointly and severally, firmly by these presents. N ne Hundred Eighty and No;100 ($2,083.980.00) THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a written construction contract with the Owner, dated the day . 20_, for the construction of the above - referenced project, said work to be done according to the terms of the contract. NOW, THEREFORE, the conditions of the foregoing obligation are such that if the said Principal shall comply with all requirements of law and pay, as they become due, all just claims for the labor performed and the materials and supplies furnished upon for the work under said contract, whether said labor be performed and said materials and supplies be furnished under the original contract, any subcontract, or any and all duly authorized modifications thereto, then these presents shall become null and void; otherwise they shall remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder or the Specifications accompanying the same shall in any wise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in 2 counterparts, each one of which shall be deemed an original, this day of 2013. PRINCIPAL: SURETY Orion Marine Contractors, Inc. Liberty Mutual Insurance Company By Maria D. Zuniga, Attorney -in -Fact Address: 6120 A Street Address: 175 Berkeley Street Anchurage, AK 99518 Boston, MA 02116 Note: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners must execute Bond. D -Float Replacement PAYMENT BOND Page 00620 -1 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 6014737 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies "), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Joseph R. Auibert; Marc W. Boots; Maria D. Zuniga; P. T. Osburn; Richard Covington; Vickie Lacy all of the city of Houston , state of TX each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety oblgations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 28th day of February , 2013 . .<.:t ..:1, % . :y •.; � :e e ,re . ,,� - ' ;; °" American Fire Casualty Company a . ;<. � .� : ,.: ; a and Ca an Z �',.,, y � r p , , � � "' ° .. ,; � The Ohio Casualty Insurance Company v ,-ob ?'g ( 1 r ;;t :) 1::‘i ,,_, >t } I , i t Liberty Mutual Insurance Company a O 1r , t' ; t . } ; ; :� can Insurance Company 5 ,. / �.: West B y .Q C STATE OF WASHINGTON SS Grego . Davenport, Assistant Secretary c +: i- COUNTY OF KING R E O C On this 28th day of February , 2013 , before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American to o m Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, > 0 p ? execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. m U. RS c d > IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Wash,ngton, on the day and year first above written. O c Z c 7 Ls t/ � y � , Qc O f/N �JC iI ' "` Rs y ,,,,,,, . B Y O O KD Riley, Not Public V t , R ai o ;' o. E c This Power of Attorney is made and executed pursuant to and by authority of the following By -laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance .N c 0 -..," Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: e a e g o ` ARTICLE IV- OFFICERS - Section 12. Power of Attomey. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject O c ,9 a; to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -In -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, z, a O ,e acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective c5 E m powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so a executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under > s ", the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. d d c ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, cv > CD and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, . N p seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their C a Z 0 respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so O c executed such instruments shall be as binding as if signed by the president and attested by the secretary. v '' O� Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such ~ attorneys -in -fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, i is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of , 20 gym .. ...y"\ f , f` :.5.. ,"'"..r,s. .l,";e* �,+ / ' ii` �:n,��` / /// / /�� t, f;• t•` : :;�1!>.t r :��� "f `fir, `,` \:y ' ` , 1�� : � � <: i 190ti +cif 0 >`'t )1::11::".:( 1 ' l'.12 ). } i 1` A "1,,:i i By: ��/r`y ;5 `. ; , 7 ,, David M. Carey, Assistant Secretary Vi m., LMS_12873_092012 3 of 250 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DD/YYYY) 05/10/2013 THIS CERTIFICATE 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 poticy(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 thls certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MCGRIFF, SEIBELS & WILLIAMS OF TEXAS, INC. NAME: 818 Town & Country Blvd, Suite 500 (A/C, No. Ext): 7 13 "877 -8975 (ac, No): 713-877-8974 Houston, TX 77024 -4549 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC if INSURER A :AGCS Marine Insurance Company 22837 INSURED INSURER B :Lloyds of London Orion Marine Contractors, Inc. 6120 A Street INSURER c :New Hampshire Insurance Co. Anchorage, AK 99518 INSURER D :Arch Insurance Company 11150 INSURER E :Signal Mutual Indemnity INSURER F COVERAGES CERTIFICATE NUMBER:7MAVCHES 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 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT 10 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 LTR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS INSR WVD POLICY NUMBER (MMIDDIYYYY) IMMIDD/YYYY) A GENERAL LIABILITY OML92006347 10/31/2012 10/01/2013 1,000,000 EACH OCCURRENCE $ R X COMMERCIAL GENERAL LIABILITY DAMAGE r N 000000 PREMISES $ 1, DMMGE O RE r (Ea N ED CLAIMS -MADE n OCCUR MED EXP (Any one person) $ 5,000 X Sudden & Accidental Pollution PERSONAL & ADV INJURY $ 1,000,000 X Incl Contractual GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 1,000,000 71 POLICY n JE n LOC $ C AUTOMOBILE LIABILITY CA4576330 10/31/2012 10/01/2013 (Ea COMBINED acclden0 SINGLE LIMIT 1,000,000 _ $ X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON -OWNED PROPERTY DAMAGE $ ,-, AUTOS (Per accident) X Leased _ Comp. $2500 deductible Coll. $2500 deductible B • UMBRELLA LIAB X OCCUR OXL92006348 10/31/2012 10/01/2013 EACH OCCURRENCE $ 5,000,000 EXCESS LIAB $ 5,000,000 X CLAIMS -MADE AGGREGATE DED 1 RETENTION $ _ 7 $ D WORKERS COMPENSATION ZAWCI9855000 10/31/2012 10/01/2013 X I TORY UM TS I 1 AND EMPLOYERS' LIABILITY 1,000,000 l ANY PROPRIETOR /PARTNER/EXECUTIVE Y N / A E.L. EACH ACCIDENT $ OFFICER /MEMBER EXCLUDED? (Mandatory In NH) E.L, DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ E USL &H / JONES ACT 19100 10/31/2012 10/01/2013 USL &H - Statutory $ 0 Contingent MEL $ 10,000,000 $ $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) RE: City of Seward D -Float Replacement Project Certificate Holder is named as Additional Insured (except in respect of Workers' Compensation /Employers Liability and USL &H) as required by written contract and always subject to policy terms, conditions, and exclusions.Certificate Holder is provided with a Waiver of Subrogation as required by written contract, subject to policy terms, conditions, and exclusions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Seward R &M Consultants Norman Regis AUTHORIZED REPRESENTATIVE Po Box 167 Seward, AI< 99664 `1 Page 1 of 3 ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD 1c: AGENCY CUSTOMER ID: _ LOC #: ACORD ADDITIONAL REMARKS SCHEDULE Page 2 of 3 PRODUCER INSURED MCGRIFF, SEIBELS & WILLIAMS OF TEXAS, INC. Orion Marine Contractors, Inc. POLICY NUMBER CARRIER NAIC CODE ISSUE DATE: 05/10/2013 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: BUILDERS RISK COMPANY: Lexington Insurance Company POLICY NO, UNS252107012 EFFECTIVE /EXPIRATION: 09/01/2012 - 09/01/2013 LIMITS *: $ 25,000,000 in any one OCCURRENCE for any one project except; NAMED WINDSTORM: $ 15,000,000 Within Miami -Dade, Broward and Palm Beach Counties, Florida $ 15,000,000 Within 1st tier coutnies, parishes or independant cities in the State of Maryland, Virginia, North Carolina, South Carolina, Georgia, Alabama, Mississippi, Louisiana, Texas, the entire state of Hawaii and the Remainder of Florida $ 25,000,000 All Other Named Windstorm FLOOD: $ 15,000,000 Within any Level 1 Flood prone area; $ 15,000,000 Within any Lever 2 Flood Prone area; $ 25,000,000 all other Flood - Subject to other sublimits as per policy declarations *Limits subject to full Contract Value ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE NUMBER: 7MAVCHES 1 O� AGENCY CUSTOMER ID: _ LOC #: ACORD ADDITIONAL REMARKS SCHEDULE Page 3 of 3 PRODUCER INSURED MCGRIFF, SEIBELS & WILLIAMS OF TEXAS, INC. Orion Marine Contractors, Inc. POLICY NUMBER CARRIER NAIC CODE ISSUE DATE: 05/10/2013 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: 2ND LAYER EXCESS BUMBERSHOOT Policy No. MS- S3973A, MS- S39738 Effective: 10/01/12 - 10/01/13 Insurance Company: Lloyds of London / AGCS Marine Insurance Company Limit: $15,000,000 Per Occurrence ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE NUMBER: 7MAVCHES log :n P • insuf . Bo ro u A �~^ 144 N, Binkle.y w Sotdotna, Alaska 99069 -7599 ' S BUSINESS; (907) 714 -2197 or (907) 714 -2175 K r c tVQSS Py` i • FAX: (907) 714.2376 TAX COMPLIANCE 'CERTIFICATION FILL IN ALL (NFORMATIQN REQUESTED, SIGN AND DATE, AND SUBMIT WITH BID OR PROPOSAL 4. 9 Reason for Certificate: '1 i,)Q For(Dept:): Date Redd by Finance: Business Name: Of \Ces., mos \'C C Y \ c} \e " T \ C` Owner Name(s): a. Individual Business Mailing Address: (.9 \'7'.'i A��"1 f • E'" j C Ar'C\\' . ∎Lp,q { .s• b. Corporation Telephone: Cc - l p\ -CL 1 \ Fax: c( j -Stn ).-0•K14.1/4-1 c. Partnership E -mail: • ' ^ (? W • A.ki v ` \ 1 • r C.'.. C d. Other As a business or individual, have you ever conducted business or o "l ed real or persohal property within the Kenai Peninsula Borough? Yes No (I('yes, please supply the following account humbers and sign below.r if no please sign below.) Kenai Peninsula Borough , de of Ordinances, Chapter 5,28.140, requires that buslnesses/iindividua(s contracting 'to. do business with the Kenai Peninsula orough be in compliance With Borough tax provisions. No contract Will be awarded to any individual or business who is faun fte in violation-of the Borough Code of Ordinances In -th'e several. areas of taxation. (C.- \eta\ LOrV\ CO V -' TAX ACCOUNTS /STATUS. REAL/PERSONAL/BUSINESS PROPERTY ACCOUNTS, (TO BE COMPLETED BY BOROUGH PERSONNEL) Number Account Name YEAR LAST PAID BALANCE DUE IN COMPLIANCE YES NO fl Kenai Peninsula Borough Finance Dept (Signature Required) Date TAX ACCOUNTS /STATUS SALES TAX ACCOUNTS (TO BE COMPLETED BY BOROUGH PERSONNEL) Number Account Name n p � Fit. T RU M/Ps BALANCE DUE • f y1� ? IN COMPLIANCE NO AA D I � 1.._l�r� , r O YES Ke�l:i Peninsula Bgh SI les Tax (Signature Required) Date \CIO 1-t e �` , the c J (' \ \�'r , hereby certify to.the best of my knowledge, the above (Name of'Apptirant ^� ( isle) r ^' information is correct as of 3— k" - �.) �� lC'(Q 4h � (Date) (Signature of Applicant - Required) or *IF ANY BUSINESS IS CONDUCTED OR IS AWARDED A BID WITHIN THE KENAI PENINSULA BOROUGH YOU MUST BE REGISTERED TO COLLECT SALES TAX. THE SALES TAX DEPARTMENT CAN BE REACHED AT (907) 714.2175. Revised 114/11 lCr\ SECTION 00645 MATERIAL ORIGIN CERTIFICATE City of Seward, Alaska D - Float Replacement Project By signing this Material Origin Certificate, the offeror certifies that all steel and iron products to be furnished under this project are manufactured in the United States and comply with FHWA Buy America Provision and Special Provisions, Article 4.05, except for those items listed by the offeror below or on a separate and clearly identified attachment'. Product Country of Origin Cost �V Z. The following items are considered to be manufacturing processes a. Modifying the chemical content. b. Initial rolling into plates, shapes, rods, and bars. Structural steel completed at this point. c. Rolling into sheets, corrugating, and rolling into culverts, guardrail, etc. d. Processing and drawing into wire, spinning wire into cable or strand, forming wire fabric, fencing, etc. e. The action of coating iron or steel. Coating includes epoxy coating, galvanizing, painting, and any other coating that protects or enhances the value of the product. Oyt tar- x./4 /1. . lu�i it ,4 tv/t I /.ma t 2 A(.r4 rcrt /Q:✓ S /c /?"i3 Contractor Signature of ontractor's resentative Date 1. The Contractor may amend this certificate after award only by a signed statement and only up to the limit specified in the contract. 2. Enter "NONE" on the first line if there are no exceptions. 3. Invoice cost as delivered to the project including freight. 4. There is a Nationwide waiver to Buy America for pig iron and processed, pelletized and reduced iron ore. EEO -1 CERTIFICATION Federal -Aid Contracts City of Seward Seward, Alaska D -Float Replacement Project This certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor [41 CFR 60 -1.7 (b) (I)] and must be completed by the successful Bidder and each proposed Subcontractor participating in this contract. PLEASE CHECK APPROPRIATE BOXES The [y] Bidder [ ] Proposed Subcontractor hereby CERTIFIES: PART A. Bidders and proposed Subcontractors with 50 or more year -round employees and a federal contract amounting to $50,000 or more are required to submit one federal Standard Report Form 100 during each year that the two conditions exist (50 employees and a $50,000 federal contract). The company named below (Part C) is exempt from the requirements of submitting the Standard Report Form 100 this year. [1c] NO (go to PART B) [ ] YES (go to PART C) Instructions and blank Standard Report Form 100's may be obtained from a local U.S. Department of Labor office, or by writing to: The Joint Reporting Committee P.O. Box 779 Norfolk, Virginia 23501 Telephone number: (757) 461 -1213 PART B. The company named below has submitted the Standard Report Form 100 this year. [ ]NO []YES Note: Bidders and proposed Subcontractors who have not filed the required Standard Report Form 100 and are not exempt from filing requirements will not be awarded this contract or subcontract until Form 100 has been filed for the current year ending June 30. PART C. VP Ca,4.1tl1- u cl;dw. v ... AAT1d,.il /4LAfk4- Sign ure of Authorized ompany Representative Title - (p ! ? o /1- S T i2 / .- !' 6 1 2 tUN /`1 A2 ✓i CmA✓ rA/} c. (ORI ( /A, c A — JG /.fa,A4(.h At k 9 Company Name Company Address (Sti'eet or PO Box, City, State, Zip) 57(0/ zori 900 (6( 1 8 - (! Date Phone Number SUBCONTRACTOR LIST Project Name and Number The apparent low bidder shall complete this form and submit it so as to be received by the Contracting Officer prior to the close of business on the fifth working day after receipt of notice from the Owner. Failure to submit this form with all required information by the due date will result in the bidder being declared nonresponsive and may result in the forfeiture of the Bid Security. Scope of work must be clearly defined. If an item of work is to be performed by more than one firm, indicate the portion or percent of work to be done by each. Check as applicable: [ ] All Work on the above - referenced project will be accomplished without subcontracts greater than %2 of 1% of the contract amount. or ] Subcontractor List is as follows: LIST FIRST TIER SUBCONTRACTORS ONLY FIRM NAME, AK BUSINESS LICENSE NO., SCOPE OF WORK TO ADDRESS, CONTRACTOR'S BE PERFORMED PHONE NO. REGISTRATION NO. 5 f.►t V( ' r L � c TlL ec lac, 2 7.o 6 1" $ 17 ,e- A/ 8 P. 0. <40( //cf ✓e.rg/c-AL s41.»1 r. 66, (-/ 2 359 6.-LO Ac I!J1 (- S.9LvAG.4 ` 1 2 72r7 1 f A19 3 $4d w. "4,4 Gl."4 l.✓,0 SkJ 3 ! ^ / s-r. A LL_ s 64Trt-f, %R to G, f Scilie. ? a.4 oN 93C 49 Z-- dlr 2 / LI t,v1 r/4'.. co,-,`tioC /2cof o /JkIy t 4-r-/-3V'c - su re ! k ( 5- y925 - " wf 'No rA('c,,. �. AA. 4-0 c /4 et- T`-5R rr tin J i , g a(A. ca- ,cAiAcruitofrc q�`OSO A. /° or✓A D c.t w.a ifh P.0. 801 6z $ q 33 25 4/34 -8 '0/2'7 '0/2'7 f A...a 60AO p D5 Ll1/} / 94ZU CONTINUE SUBCONTRACTOR INFORMATION ON REVERSE I hereby certify the listed Alaska Business licenses and Contractor's registrations were valid at the time bids were opened for this project. V, A. _t!aNrr/t4 c,rwN c /''' Signatur of Authorized Company Representative Title 6 12 0 4 s rA D 2 tu,.- " " ' i is co".i ts �‘•, AJ (A -c /4,c <f o l4 G 4, ,4' Tc7 S (8 Company Name Company Address (Street or PO Box, City, State, Zip) 11707Z c) � (1 1) sb (-- g ( Date Phone Number Form 25D -5 (10/09) Page 1 of 2 05/05/2013 12:40 West Construction Main (FAX)907 561 P,002/003 EEO -1 CERTIFICATION Federal -Aid Contracts City of Seward Seward, Alaska D - Float Replacement Project This certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor [4 I CFR 60 -1.7 (b) (1)J and must be completed by the successful Bidder and each proposed Subcontractor participating in this contract. PLEASE CHECK APPROPRIA.12 BOXES The [ ] Bidder pq Proposed Subcontractor hereby CERTIFIES: 'ARt.A. Bidders and proposed Subcontractors with 50 or more year -round employees and a federal contract amounting to $50,000 or more are required to submit one federal Standard Report Form 100 during each year that the two conditions exist (50 employees and a $50,000 federal contract). The company named below (Part C) is exempt from the requirements of submitting the Standard Report Form 100 this year. ( ) NO (go to PART B) Di YES (go to PART C) Instructions and blank Standard Report Forth 100's may be obtained from a local U.S, Department of Labor office, or by writing to: The Joint Reporting Committee P.O. Box 779 Norfolk, Virginia 23501 Telephone number: (757) 461-1213 PART B. The company named below has submitted the Standard Report Form 100 this year. xJNO [ ]YES Note: Bidders and proposed Subcontractors who have not filed the required Standard Report Form 100 and are not exempt from filing requirements will not be awarded this contract or subcontract until Form 100 has been filed for the current year ending June 30. )'ART C. _ w / President Signs of Authorized Company Representative 'Title Bering Industrial Contractors,-:Inc. PO Box 628, Edmonds, WA 98020 Company Name Company Address (Street or P0 Box, City, State, Zip) 5/6/13 __ 425- 774 - 1000 Date Phone Number 1�3 EEO -1 CERTIFICATION Federal -Aid Contracts City of Seward Seward, Alaska D -Float Replacement Project This certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor [41 CFR 60 -1.7 (b) (1)] and must be completed by the successful Bidder and each proposed Subcontractor participating in this contract, PLEASE CHECK APPROP TE BOXES The [ ] Bidder roposed Subcontractor hereby CERTIFIES: PART A. Bidders and proposed Subcontractors with 50 or more year -round employees and a federal contract amounting to $50,000 or more are required to submit one federal Standard Report Fonn 100 during each year that the two conditions exist (50 employees and a $50,000 federal contract). The company named below (Part C) is exempt from the requirements of submitting the Standard Report Form 100 this year. [t 40 (go to PART B) [ ] YES (go to PART C) Instructions and blank Standard Report Fonn 100's may be obtained from a local U.S. Department of Labor office, or by writing to: The Joint Reporting Committee P.O. Box 779 Norfolk, Virginia 23501 Telephone number: (757) 4611213 PART 13. The company named below has submitted the Standard 1 rt Form 100 this year. [ ]NO ES Note: Bidders and proposed Subcontractors who have not filed the required Standard Report Form 100 and are not exempt from filing requirements will not be awarded this contract or subcontract until Form 100 has been filed for the current year ending June 30. PART C. Sign urc . Company Representative Title 343 Li • 41 0 i01 99,A -g w t fQ6 s t-/ Company Name Company Address (Street or PO Box, City, State, Zip) 7,06 GIV5( 06 Date Phone Number EEO -1 CERTIFICATION Federal -Aid Contracts City of Seward Seward, Alaska D -Float Replacement Project This certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor [41 CFR 60 -1.7 (b) (I)] and must be completed by the successful Bidder and each proposed Subcontractor participating in this contract. PLEASE CHECK APPROPRIATE BOXES The [ ] Bidder Vi Subcontractor hereby CERTIFIES: PART A. Bidders and proposed Subcontractors with 50 or more year -round employees and a federal contract amounting to $50,000 or more are required to submit one federal Standard Report Form 100 during each year that the two conditions exist (50 employees and a $50,000 federal contract). The company named below (Part C) is exempt from the requirements of submitting the Standard Report Form I00 this year. [ ] NO (go to PART B) 14,YES (go to PART C) Instructions and blank Standard Report Form I00's may be obtained from a local U.S. Department of Labor office, or by writing to: The Joint Reporting Committee P.O. Box 779 Norfolk, Virginia 23501 Telephone number: (757) 461 -1213 PART B. The company named below has submitted the Standard Report Form 100 this year. [ NO [ ]YES Note: Bidders and proposed Subcontractors who have not filed the required Standard Report Form 100 and are not exempt from filing requirements will not be awarded this contract or subcontract until Form 100 has been filed for the current year ending June 30. PART C. 11 Signature o thorized Company Representative Title & 0 Q v2v ���� 4 X250/ c- £ 4 5c' CompaniName ( Company Address (Street or PO Box, City, State, Zip) S ! "4 hot `� `1SLS` �` - l 9 o Date Phone Number • � tF�^ 0510512013 12:39 West Construction Main (FA1O807 9319844 P.0021003 EEO -I CERTIFICATION Federal -Aid Contracts City of Seward Seward, Alaska TI-Float Replacement Project This certification is required by the Equal Employment Opportunity Regulations oldie Secretary of Leber [41 CFR 60-1.7 (b) (I)J and must be completed by the suoaesat d Bidder and each proposed Subcontractor participating in this Contrast, PLEASE CH CR APPROPRIATE BOXES The [) Bidder [Vdiroposed Subcontractor hereby CERTIFIES: A..Bidders and proposed Subcontractors with 50 at more year-round employees and a federal contract amounting to $50,000 or more are required to submit one federal Standard Report Portn 100 during each year that the two conditions exist (50 employees and a 550,000 federal contract). The company named below (Part C) is exempt from the requirements of submitting the Standard Report Form 100 this year. • [ J NO (go to PART B) [ YES (go to PART C) Instructions and blank Standard Report Form 1 OL)'s may be obtained from a Local U.S. Department of Labor office, or by writing to: The Joint Reporting Committee P.O. Box 779 Norfolk, Virginia 23501 Telephone number: (757) 461 -1213 PART B. The company named below has submitted the Standard Report Form 100 this year. ( [ )YES Note: Bidders and proposed Subcontractors who have not filed the required standard Report Form 100 and are not exempt from filing requirements will not be awarded this contract or subcontract until Porm 100 has bean filed for the current year ending June 30. FART C. e • Signature of Author • . Company Representative 'fide t rtc � c' it) .De 11'__ P r 4 A 6[a Company Name Company Address (Street or PO Box, City, State, Zip) Date Phone Number THE KENAI PENINSULA BOROUGH CERTIFICATE OF AUTHORITY TO COLLECT BOROUGH SALES TAX THIS IS TO CERTIFY THAT ORION MARINE CONTRACTORS INC Is authorized and empowered by the Mayor of the Kenai Peninsula Borough to collect for the Borough Sales Tax on retail Sales, Rents and Services imposed pursuant to Ordinance No. 5.18 of The Kenai Peninsula Borough. This certificate is non- assignable and non - transferable and must be surrendered to the Mayor by the seller to whom it was issued upon his ceasing to do business at the location named herein, or any change in ownership , form of ownership, or any other change. ORION MARINE CONTRACTORS INC NEGIBTRATION NUMBER 106650 6120 A ST DATE OF April 1, 2013 ANCHORAGE AK 99518 REGISTRATION THIS CERTIFICATE MUST BE DISPLAYED PROMINENTLY AT THE PLACE OF BUSINESS. MAYOR • • in roz City of Seward Business License \ I ir PO BOX 167, Seward, AK 99664 ,,,L �� � , No. 4157 THIS LICENSE MUST BE POSTED IN A CONSPICUOUS PLACE AT THE LOCATION. ; �\, ,1-` THIS LICENSE IS NOT TRANSFERABLE OR ASSIGNABLE. BUSINESS TYPE: CONSTRUCTION ISSUED:04 -02 -2013 LICENSEE: ORION MARINE CONTRACTORS, INC. EXPIRES:12 -31 -2013 F: 6120 A STREET ANCHORAGE, AK, 99518 C ITY CLERK . ISSUED BY: 1e4--1 ____„); •-i Alaska Business License # 965972 Alaska Department of Commerce, Community, and Economic Development Division of Corporations, Business and Professional Licensing P.O. Box 110806, Juneau, Alaska 99811 -0806 This is to certify that ORION MARINE CONTRACTORS, INC. 12000 AEROSPACE, STE 300 HOUSTON TX 77034 owned by ORION MARINE CONTRACTORS, INC. is licensed by the department to conduct business for the period October 31, 2012 through December 31, 2014 for the following line of business: 23 - Construction co: 3 This license shall not be taken as permission to do business in the state without 0",Z' _, , ,• ts• having complied with the other requirements of the laws of the State or of the United States. :.,...,,.. • �.d 'tr,.r c,� =�=^ ,� This license must be posted in a conspicuous place at the business location. It is not transferable or assignable. y S 4 r _ Susan K. Bell ' Commissioner �4L kS No. 37547 Effective: 12 /18/2012 STATE OF ALASKA Expires: 12/31/2014 DEPARTMENT OF COMMERCE, COMMUNITY & ECONOMIC DEVELOPMENT Division of Corporations, Business and Professional Licensing P.O. Box 110806, Juneau, Alaska 99811 -0806 Certifies that ORION MARINE CONTRACTORS, INC. Is A Registered General Contractor without Residential Contractor Endorsement Commissioner: Susan K. Bell Wallet Card Per 12 AAC 02.900 Licensee shall maintain a current mailing No. 37547 State Of Alaska address on file with this Division at all times. Department of Commerce, Community and Economic Development Division of Corporations, Business and Professional Licensing If you wish to change to a residential contractor or downgrade This Certifies That ORION MARINE CONTRACTORS, INC. to a specialty contractor, a new application is required. IsARegistered Changes to the ownership of the contractor registration General Contractor without Residential Contractor Endorsement (incorporation, addition or deletion of a partner(s)) or a name Effective 12/18/2012 E nira ton Date of Birth 12/31/2014 change requires a new application. Please note: all General Contractor licenses expire on December 31 of even- numbered years regardless of the issue • date. Signature Website: www. commerce .state.ak.us /occ /pcon.htm NO3 t'EOLL xi NO±SflOH 00e 31If1S 3n N3AV 3OVdSO I3V OOOZ6 'ONI `521010V LLNOO 2NIHVIN NO1210 \ ao Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2013 -038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO MODIFY THE PURCHASE AGREEMENT WITH R & M STEEL CO. FOR THE PURCHASE AND SHIPMENT OF A STEEL BUILDING KIT AUTHORIZED UNDER RESOLUTION 2013 -018 TO PERMIT THE SUBSTITUTION OF INSULATED WALL AND ROOF PANELS FOR THE BATT INSULATION AND SIDING ORIGINALLY SUPPLIED FOR A TOTAL AMOUNT NOT TO EXCEED $121,600 WHEREAS, the Council approved Resolution 2013 -018 which authorized the City Manager to enter into a purchase agreement with R &M Steel for the purchase of a steel building kit; and WHEREAS, R &M Steel does not manufacture insulated wall and roof panels and, therefore did not initially offer them as an option; and WHEREAS, these insulated walls and panels are a specialized product, made to fit the structures produced by R &M Steel; and WHEREAS, the steel building kit supplied by R &M Steel has, as a standard feature, batt insulation, which requires four layers of material to function, that is: an outer steel skin, a moisture barrier, the batt insulation and an inner steel skin, each of which requires about the same labor to install as does a single set of insulated panels; and WHEREAS, each of these items will have to be installed separately and sequentially which will account for a substantial portion of the erection costs which could be saved by the use of insulated panels; and WHEREAS, several contractors have reported anecdotal evidence of "hot spots" and poor energy conservation performance with batt insulation; and WHEREAS, spray urethane foam insulation was estimated, by a local contractor at over $180,000 plus the cost of erecting the inner and outer skins; and WHEREAS, the net cost change to upgrade the building walls and roof from batt insulation, with its attendant inner and outer skins and vapor barriers is $121, 600. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: \ a� CITY OF SEWARD, ALASKA RESOLUTION 2013 -038 Section 1. The City Council finds it is in the best interest of the public to modify the purchase agreement with R & M Steel Co. for the purchase and shipment of a steel building kit authorized under Resolution 2013 -018 to increase the amount of the contract to cover the substitution of insulated wall and roof panels. Section 2. The City Manager is authorized to modify the purchase agreement with R & M Steel Co. for the purchase and shipment of a steel building kit authorized under Resolution 2013 -018 to increase the amount of the contract to cover the substitution of insulated wall and roof panels for the batt insulation and siding originally supplied, said increase not to exceed $121,600. from account 505 -5052 -5930. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 28 day of May, 2013. THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) \ a\ Agenda Statement Meeting Date: 28 May 2013 , =1;" To: City Council' 4 A51�P Through: City Manager Jim Hunt From: John Foutz, Electric Department Manager Agenda Item: Modify the purchase agreement with R &M Steel for insulated wall and roof panels BACKGROUND & JUSTIFICATION: On March 11, 2013, the Council approved Resolution 2013 -018 which authorized the City Manager to enter into a purchase agreement with R &M Steel of Caldwell Idaho for the purchase of a steel building kit. Included in that kit was insulation tailored to provide excellent energy efficiency, with R- values of 25 in the walls and 38 in the roof. Once the building was ordered, information began to come in from several contractors which indicated that the batt insulation quoted for this building might not be the best choice. It was proposed that sprayed on urethane insulation might be far more effective because, by virtue of its installation process, it gives uniform insulation with no "hot spots" or variations in coverage. Upon investigation we found that, while that is surely true, the cost of that proposition was such that it did not lend itself to this project. John Martinez, of Precision Construction, gave us a budgetary quote of $181,000, just to apply the foam. Fire code requires that spray on insulation be entirely encapsulated in a covering having a 2 hour fire rating, such as % thick sheetrock. The addition of the sheetrock drives the cost of this option well over $200K. Another contractor suggested that, given the cost of labor on a Little Davis Bacon project, we might want to investigate foam cored panels, such as were used on the generator building in 2009. The Electric Department then made inquiries of R &M Steel about the availability of those foam core panels. We were told that, since R &M does not manufacture those panels that they do not offer them unless they are specifically asked for. As none of the other suppliers who provided quotes on this building offered foam cored panels, it would appear to be the usual practice to supply batt insulation unless requested otherwise. We requested quotes to substitute foam cored panels for the batt insulation, the inner and outer skins and the vapor barrier. Given a credit of $21,903 for the elimination of the batt insulation, the inner and outer skins and the vapor barrier, the cost to upgrade to foam cored panels was $121,900. The procedure to install the foam panels is the same as the procedure for installing each of the four other features of the batt insulation system. Thus is should be possible to save approximately 75% of the cost of the labor to go from a raw steel frame to a finished building. Furthermore, energy savings in the future should be significant since the hot spots and potential drafts of the batt system are eliminated in the panel system. It is thought that the resultant savings, in both energy and labor, will more than justify the increased initial cost of the panels. � a3 Seward City Code §6.10.130 exempts specialized products from the competitive procurement process, where it is in the public interest to do so. These insulated walls and panels are a specialized product, made to fit the structures produced by R &M Steel and could not be procured at a lower price using competitive bidding. Since their dimensional information is proprietary, it is not available for us. Therefore, it is not in the public interest to purchase them by competitive bid. INTENT: To authorize the City Manager to modify the purchase agreement with R &M Steel of Caldwell Idaho for the purchase and shipment of a steel building kit authorized under resolution 2013 -018 to permit the substitution of insulated wall and roof panels for the batt insulation and siding originally supplied for a total amount not to exceed $121,600. from account 505 -5052- 5930. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (1.3, 3.7.3.1, 3.7.3.2): X 2. Strategic Plan (document source here): X 3. Other (list): X FISCAL NOTE: The total additional cost of this substitute purchase is an amount not to exceed $121,600, which will come from the AEA grant already accepted. The original purchase of the building from R &M Steel was not competitively bid as required by the City Code, for purchase of items in excess of $50,000. Council did, however, authorize purchase of the building without competitive bids. The granting agency has stated that the City's purchasing Code must be followed in order for the project costs to be grant eligible. It is uncertain whether failure to competitively bid this project is considered to have been consistent with the City Code, although the Council's approval is assumed by the electric department, to suffice for purposes of receiving granting agency authorization to purchase. The purchase of the replacement insulation panels was not competitively bid and also exceeds the $50,000 threshold over which items must be competitively bid, unless a public interest finding is accepted by the City Council. Approved by Finance Department: ;i Q 4,4444-41, ATTORNEY REVIEW: Yes No X RECOMMENDATION: Authorize the City Manager to modify the purchase agreement with R &M Steel of Caldwell Idaho for the purchase and shipment of a steel building kit authorized under resolution 2013 -018 to permit the substitution of insulated wall and roof panels for the batt insulation and siding originally supplied for a total amount not to exceed $121,600. from account 505 -5052 -5930. ay Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2013 -018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A PURCHASE AGREEMENT WITH R & M STEEL CO. OF CALDWELL, ID FOR THE PURCHASE AND SHIPMENT OF A STEEL BUILDING KIT FOR A TOTAL AMOUNT NOT TO EXCEED $196,232 TO WAIVE THE NORMAL BID PROCUREMENT PROCEDURES, AND APPROPRIATING FUNDS WHEREAS, Council approved Resolution 2007 -085 which authorized the City Manager to pursue funding for two electric generators and associated components and design/build proposals for Fort Raymond generator building and a warehouse with office space; and WHEREAS, the Council approved Resolution 2012 -028 accepting a grant from Alaska Energy Authority to upgrade and update generation facilities at Fort Raymond Generation Plant for $3,960,000 and appropriating funds; and WHEREAS, a line item in that grant specifies that $1,400,000 of the grant is to be used to build an office /warehouse; and WHEREAS, the Electric Department has solicited quotes from five suppliers of Steel Building Kits, finding four of them responsive; and WHEREAS, the four responsive suppliers were R &M Steel Company, ($159,029), Premier Building Systems ($284,200), ASRC Builders ($257,270) and Arctic Fox Steel Buildings ($344,100); and WHEREAS, there exists a critical time element in the purchase of the Steel Building Kit, since the stamped engineered drawings required for further aspects of the project are not available until after the purchase of the Steel Building Kit; and WHEREAS, there exists a critical time element in that steel is a highly volatile commodity and the quote for this building is limited to 30 days; and WHEREAS, there exists a critical time element in that if the building is not under roof before the snow flies next fall, significant deterioration of the building materials can be expected over the coming winter; and WHEREAS, city code Title 6.10.310.A states, "a department head may recommend an alternative procurement procedure to the city manager if such procedure will best serve the needs of a; CITY OF SEWARD, ALASKA RESOLUTION 2013 -018 the city and accomplish the objectives of this title." It is permissible to waive the sealed bid process, if it is found to be in the public interest; and WHEREAS, the Electric Department having found that R & M Steel Company of Caldwell Idaho to have the least cost quotation, R &M was asked to quote on the final configuration of the warehouse (arrived at following detailed discussions with the Fire Department and the Building Department); that quote being $150,414; and WHEREAS, Northland Services, usual and customary shipper for R &M Steel Company, has quoted $27,979 to ship the Building Kit from Seattle, WA to the jobsite in Seward; and WHEREAS, prudent project management practices suggest that a contingency fund, set aside to cover unexpected expenses, be equal to at least 10% of the total or, in this case, $17,393. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Council finds it is in the best interest of the public to purchase the Steel Building Kit, waiving the sealed bid process per SCC Title 6.10.310.A for the following reasons: 1) To permit timely acquisition of foundation and structural drawings and calculations. 2) To prevent the expiration and likely increase of the quoted price for the steel building kit. 3) To ensure that the building is available for erection before the end of construction season. Section 2. The City Manager is authorized to enter into an agreement with R & M Steel Company of Caldwell, ID for the purchase and shipment of a Steel Building Kit for a total amount not to exceed $150,414 from account 505 -5052 -5930. Section 3. The City Manager is authorized to enter into an agreement with Northland Services for the shipment of said Steel Building Kit for a total amount not to exceed $27,979 from account 505 -5052 -5930. The shipping will be Freight On Board Seward, Alaska and delivered to the job site. Section 4. The City Manager is authorized to draw additional funds as needed to cover contingencies, in the amount not to exceed $17,839 from account 505 -5052 -5930. Section 5. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 11 day of March, 2013. t aco R & 1%1 STEEL COMPAIsTY R & M STEEL COMPANY P.O. Box 580 Caldwell, Idaho 83606 Phone: 1-208-454-1800 Toll Free: 1-866-454-1800 STEEL BUILDING SYSTEMS Fax: 1-208-454-1801 Toll Free: 1-866-454-1801 30 April 2013 Vernon L. Willet Jr Tel: 907-224-4065 City Of Seward - Electric Dept Vwillet@Cityofseward.Net P.O. Box 167 Cell: 907-362-3001 Seward AK 99664 Re: Warehouse / Maintenance Seward, Ak Dear Vernon L.; We are pleased to quote the following: Option: Delete: 24 Ga Ts-324 Galvalume Standing Seam Roof 26 Ga PBR Sage Green Wall Panel 29 Ga PBR White Full Height Wall Liner R-38 ES Roof Insulation R-25 ES Wall Insulation Add: 26 Ga 5" Insulated Roof Panels 26 Ga 4" Insulated Wall Panels Total: $121,600.00 Sincerely, Cheri Esquivel Project Coordinator www.rmstecl.com www.aviationbuildingsystem.corn Steel Building Excellence • Since 1969 R & M STEEL COMPANY R M STEEL COMPANY 4.. r-, P.O. Box 580 Caldwell, Idaho 83606 Phone: 1- 208 -454 -1800 Toll Free: 1-866-454-1800 54 1800 STEEL BUILDING SYSTEMS Fax: 1- 208 -454 -1801 Toll Free: 1 -866- 454 -1801 inIMMISMICRMENIMMumThEEREESSERill S r'r+Y,+tvY: t' " ^;` 't1FLY18iH!' iE! rf' BiYi, - .F m'i5Flci %s[nli`m71&' %•.t Ii +t'. 08 April 2013 Vernon L. Willet Jr Tel: 907 - 224 -4065 City Of Seward - Electric Dept vwillet @cityofseward.net P.O. Box 167 Cell: 907 -362 -3001 Seward, AK 99664 Re: Warehouse / Maintenance Seward, AK • Dear Vernon L.; We are pleased to quote the following: DELETE: INSULATION: ROOF: R -38 ENERGY SAVER WALL: R -25 ENERGY SAVER DEDUCT: $21,903.00 Sincerely, Cheri Esquivel Project Coordinator P Rr4A 6 {2.. Ti{,ANC; !n45UG. )011N IY1ARZ %K ) PE'CCts(0) 0(7.,167. 14o 276 2. 90 k ma�.tnc� K rr Mvst le e. c W.11 V.eaPSt w1 2 1 32., f tat r , kir err ioN r (N. www.rmsteel.com www. aviationbuildingsystem.com Steel Building Excellence ® Since 1969 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2013 -039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING THE CITY MANAGER'S APPOINTMENT OF EDWARD ATHEY AS FIRE CHIEF WHEREAS, the Fire Chief position was opened for recruitment and Deputy Chief, Edward Athey, applied for and has been offered the position; and WHEREAS, Section 2.20.015 of the City Code requires the City Manager's selection for the Fire Chief position to receive approval from the City Council; and WHEREAS, Mr. Athey is an asset to the City's administration team, the fire department and the community; and WHEREAS, in addition to serving as the City of Seward's Deputy Fire Chief since 2006, Edward Athey has served as the incident commander at City Emergency Operation's Centers during local emergency events for 5 years; and WHEREAS, Mr. Athey has over 28 years of experience in the field of firefighting and emergency services; and WHEREAS, Mr. Athey's certification include Firefighter II, Fire Investigator, Fire Instructor, Fire Officer, Hazardous Material Operations, Fire Inspector I & II, Trainer for Emergency Operations ICS 300/400, Emergency Medical Technician III, EMT Instructor, Commercial Building Inspector and Fire Plans Examiner, and many others too numerous to list making Mr. Athey uniquely and highly qualified. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. Council approves the City Manager's appointment of Edward Athey as Fire Chief effective June 1, 2013. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 28 day of May, 2013. .PN Council Agenda Statement e 4 \ Meeting Date: May 28, 2013 From: Jim Hunt, City Manager tas+� ` p. Subject: Approval of Fire Chief Athey BACKGROUND & JUSTIFICATION The City of Seward, Fire Chief position was open internally on April 4tn 2013 and then to the public. Onsite interviews were conducted by the City Manager and an interview committee. Based on education, experience and communication skills, Edward Athey was selected for the Fire Chief position. Mr Athey has been served as the Deputy Fire Chief since mid 2006, and has served as the incident commander at City Emergency Operation's Centers during local emergency events for 5 years. Mr. Athey is extensively qualified and holds multiple certifications including: Firefighter II, Fire Investigator, Fire Instructor, Fire Officer, Hazardous Material Operations, Fire Inspector I & II, Trainer for Emergency Operations ICS 300/400, Emergency Medical Technician III, EMT Instructor, Commercial Building Inspector and Fire Plans Examiner. Deputy Chief Athey has over 28 years of experience in the firefighting /fire safety field and enjoys a good working relationship with multiple local fire safety and medical organizations. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): section 3.8, public safety X 2 Strategic Plan (document source here): Page 11, prepare for natural X disasters, establish a plan. Page 18, maintain a safe community. 3. Other (list): X INTENT: To authorize the City Manager to appoint Edward Athey as Fire Chief effective June 1, 2013. FISCAL NOTE Funding for this position is currently in the Fire Department's budget. Finance Department: &&t4ZJ ATTORNEY REVIEW Yes No X RECOMMENDATION: 031 Council approves Resolution 2013- , authorizing the City Manager's appointment of Edward Athey as Fire Chief effective June 1, 2013 1 ao City of Seward, Alaska City Council Minutes May 13, 2013 Volume 39, Page CALL TO ORDER The May 13, 2013 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor David Seaward. OPENING CEREMONY Lieutenant Butch Tiner led the Pledge of Allegiance to the flag. ROLL CALL There were present: David Seaward presiding and Jean Bardarson Vanta Shafer Bob Valdatta Christy Terry Marianna Keil comprising a quorum of the Council; and Jim Hunt, City Manager Johanna Kinney, City Clerk Cheryl Brooking, City Attorney Absent — Ristine Casagranda CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Tim McDonald gave council an update on the baseline trail project. He was circulating a public petition to gather support and was asking for $65,000 from the 2012 cruise ship head tax revenues. The baseline trail was a proposed bicycle road and could be used as an emergency escape route as well. McDonald felt there was high demand for summer and winter snow biking. He clarified it was not a certified petition he was circulating and was seeking popular support throughout the entire community. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Bardarson /Terry) Approval of Agenda and Consent Agenda Bardarson asked that a correction be made to the April 8, 2013 minutes to reflect in her travel report that she and City Manager Hunt traveled to Juneau, and not Assistant City Manager Long. That correction was accepted without objection. Seaward placed Resolution 2013 -033 on the consent agenda without objection. � 3` City of Seward, Alaska City Council Minutes May 13, 2013 Volume 39, Page Motion Passed Unanimous The clerk read the following approved consent agenda items: The April 8, 2013 and April 22, 2013 City Council Regular Meeting Minutes were approved. Ordinance 2013 -008, Revising The City Code To Establish Electronic Notification Of Wait List Customers At The Small Boat Harbor. (This Ordinance was introduced and set for public hearing and enactment on May 28 2013.) Ordinance 2013 -009, Revising The City Code To Eliminate Quarterly Moorage Rates At The Small Boat Harbor. (This Ordinance was introduced and set for public hearing and enactment on May 28, 2013.) Resolution 2013 -030, Authorizing The City Manager To Accept The 2012 Assistance To Firefighters Grant Award For Exercise Equipment In The Amount Of $24,377, Authorizing A City Match Of $1,283 And Appropriating Funds In The Amount Of $25,660. Resolution 2013 -031, Accepting Reimbursable Funds Of $3,000 From Kenai Mountains Turnagain Arm Corridor Communities Association (KMTACCA) And Appropriating Funds. Resolution 2013 -032, Recommending Kenai Peninsula Borough Approval Of The Seward Bear Creek Flood Service Area 2013 Local Hazard Mitigation Plan Update. Resolution 2013 -033, Authorizing The City Manager To Enter Into A Change Order With Harmon Construction In An Amount Not To Exceed $71,379 For The Purpose Of Adding A Wash Water Holding Tank To The Vessel Wash Down Pad At The Seward Marine Industrial Center (SMIC) And Appropriating Funds. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards National Safe Boating Week is May 18 -24, 2013. Seward Harbor Opening & Blessing Of The Fleet Proclamation. Military Appreciation & Armed Services Combat Fishing Tournament Proclamation. Recognizing National Police Week and Peace Officers' Memorial Day. Alaska Law Enforcement Torch Run and Pledge Drive for Special Olympics Alaska and Terry Pollard Memorial Exit Glacier Run Proclamation. 1 3D City of Seward, Alaska City Council Minutes May 13, 2013 Volume 39, Page Borough Assembly Report, Sue McClure stated the assembly met in Seward and the response after the meeting from her colleagues was that it was always pleasant to be in Seward. At that meeting, they approved the allotting of $343,000 of cruise ship head tax revenues to Seward and Homer. The assembly unanimously defeated the ordinance that would have allowed the use of fireworks in the borough but opened up a discussion that there should be more patrolling of the issue. The Seward Bear Creek Flood Service Area Board was finally a complete board and so was the Bear Creek Fire Service Area Board. The assembly met on May 7, 2013 and heard a presentation of the FY 2014 budget. McClure had a copy if anyone wanted to review it. It was a conservative budget and most mill rates would stay the same. June 4, 2013 was the day the ordinance approving the budget would be reviewed and could be potentially amended. On May 11, 2013, the Bear Creek Fire Department had their official ground breaking ceremony for the new facility. Wednesday, May 15, 2013 was "Permitting Day" in Seward, with many agencies present to answer questions about various permitting processes. On May 18, 2013 was the transfer station's hazardous waste disposal day. City Manager's Report, City Manager Jim Hunt stated the following purchases between $10,000 and $50,000 were approved by the City Manager since the last council meeting: • Construction Machinery Inc., for $17,400.00 through Public Works for excavator rental. • M.L. Foster and Associates, for $20,000 through Public Works for consulting services related to developing a plan for sludge removal at Lowell Point and SMIC waste water treatment plants. A group from the Army Corp of Engineers visited last week and was working with administration to identify alternatives for the Lowell Canyon Tunnel, including a cost shared, federally funded feasibility study. In the harbor, there were seven vessels scheduled for sale via public auction on May 28, 2013. A grant application to fund the installation of a public crane was submitted to the United States Department of Agriculture Rural Business Enterprise Grant program on May 1, 2013. There were two recent electrical outages that affected approximately 16 users. Electric Power Systems (EPS) had been working with electric crews to complete the testing on three or four substation transformers. The maintenance and testing for the remaining transformer, Spring Creek substation transformer located in SMIC, was scheduled to begin on May 19, 2013. The Electric Department received a quote for the painting of all four substation transformers. A resolution would be coming to council for this soon. In Public Works, street crews were preparing streets for striping and painting, pothole patching with cold mix. They were waiting for the batch plant in Kenai to go into summertime production mode of patching material before more extensive repairs could be made. The shop crews were scoping and pricing for snow blower repairs, front end gear reduction and new ribbons, which equated to approximately $30,000. In Parks and Recreation, Waterfront Park camping areas were open and Forest Acres Park was expected to open May 22, 2013. William's Park would open soon, and Spring Creek Campground was open for day use. The skate park, playgrounds, little league field and boulder field were all open, while Jon Perry and Citizen's Fields remained closed. Sports and Recreation held a successful Pink Cheeks Triathlon on May 4, 2013 with 250 racers and 120 volunteers. May 18, 2013 was Kids Fish Day and the Exit Glacier Race / Terry Pollard Memorial. V. City of Seward, Alaska City Council Minutes May 13, 2013 volume 39, Page City Attorney's Report, Cheryl Brooking issued the attorney report for the period between March 21 through April 20, 2013. The attorney's provided general legal advice and assisted with ordinances, contracts, leases, employment, and labor matters. Brooking noted new laws passed by the state legislature waiting for presentation to the Governor. One proposed change was to Title 36, the state procurement code, which increased small contracting amounts from $50,000 to $100,000 and construction contracts from $100,000 to $200,000. Another act passed had to do with self defense and Brooking read the revised law to the council. Mayoral Report, David Seaward welcomed the public and those who were watching from home tonight. He thanked Martha Fleming for recording the GCI broadcast. Other Reports, Announcements and Presentations Washington, D.C. and Seattle, Washington travel report by Vice Mayor Bardarson. Bardarson said she traveled April 22 -26, 2013 with Hunt and Long. In Washington, D.C., they met with Kate William of the Senate Oil and Gas Council and Geoff Bowman, professional staff for Water Resources and Environment where they spoke about the Army Corps of Engineers, specifically the Lowell Canyon Tunnel and past harbor projects that the Corps stated the city owed money on. They continued meetings with Kip Knudsen, Director of State and Federal Relations, who suggested the city recruit universities to come forward with their best ideas on how to improve the Lowell Canyon Tunnel. The Army Corps of Engineers wanted $2 million for a tunnel study, in which Seward would have to pay $1 million of that sum. Bardarson, Hunt, and Long also met with Representative Young, Senator Murkowski, and staff for Senator Begich, and delivered the city's federal priorities to each office. In Seattle, Bardarson stated they met with Holland America, who informed them they would be in Seward in 2014 with a larger ship. They met with Royal Celebrity Cruise Lines who confirmed their continued presence in Seward as well. Sampson Tug and Barge reported they were happy in Seward and TOTE gave good indication that Shell would be back in Seward in the future, although Shell and TOTE were concerned with the condition of the Seward Highway. Bardarson thanked Cindy Clock at the chamber for pulling this trip together. PUBLIC HEARINGS — Listed under Unfinished Business UNFINISHED BUSINESS Items Postponed From Previous Agenda — Ordinances For Public Hearing And Enactment (With A Second Public Hearing Requested By Council.) Ordinance 2013 -004, Amending Seward City Code, Section 12.05.031, International Mechanical Code, Adopting The 2012 International Mechanical Code (IMC) Including Revisions. (The enactment of this Ordinance was postponed from the April 22, 2013 meeting. It was originally motioned by Shafer and seconded by Seaward.) t�1 City of Seward, Alaska City Council Minutes May 13, 2013 Volume 39, Page Fire Chief David Squires stated the ordinance had no changes since the introduction date of April 8, 2013 meeting. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared to address the Council and the public hearing was closed. Motion (Shafer /Seaward) Enact Ordinance 2013 -004 (main motion made at the April 22, 2013 meeting) Motion Passed Unanimous Ordinance 2013 -005, Amending Seward City Code, Section 12.05.11, International Building Code, Adopting The 2012 International Building Code (IBC) Including Revisions. (The enactment of this Ordinance was postponed from the April 22, 2013 meeting. It was originally motioned by Casagranda and seconded by Shafer.) As a conflict of interest was declared upon introduction of this ordinance on April 8, 2013, Bardarson removed herself from the dais for this discussion and vote. Squires requested council delete their earlier amendment and revise their condition to allow for relocatable mancamps. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared to address the Council and the public hearing was closed. Motion (Casagranda /Shafer) Enact Ordinance 2013 -005 (main motion madeat the April 22, 2013 meeting) Motion to Amend (Terry/Keil) Amend Ordinance 2013 -005, by striking item 13 in Section 2: "Ghptcr ' Section • ..' . • ` ..... . . • City of Seward, Alaska City Council Minutes May 13, 2013 volume 39, Page and renumbering accordingly. Terry didn't think the city needed to change what had already been implemented in the building code regarding temporary structures. If council deleted this section, they would revert to how the code currently read, which was also written in the 2012 IBC code, without the city's proposed revisions. Motion to Amend Passed Unanimous Motion to Amend (Terry /Keil) Amend Ordinance 2013 -005, striking the following language in item 83 in Section Two: " ! ' - ' - - !' • !' : . Terry requested this amendment be made to remain consistent with the previous change, and reverting back to the original requirements of temporary structures. Motion to Amend Passed Unanimous Shafer was concerned the council was adopting these codes before the state made any changes before adopting them. She would like to see what the state did first, and wanted to make sure the city did not make a more restrictive environment. Terry said when the state adopted their final revisions; she hoped it would come back to council for their review. Motion Failed Yes: Valdatta, Terry, Seaward No: Shafer, Keil Ordinance 2013 -006, Amending Seward City Code, Chapter 9.15, Health And Safety, Adopting The 2012 Edition Of The International Fire Code (IFC), Including Revisions. (The enactment of this Ordinance was postponed from the April 22, 2013 meeting. It was originally motioned by Casagranda and seconded by Shafer.) Squires requested council consider the proposed amendment in their packet and renumber accordingly. Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No one appeared to address the Council and the public hearing was closed. Motion (Casagranda /Shafer) Enact Ordinance 2013 -006 lab City of Seward, Alaska City Council Minutes May 13, 2013 Volume 39, Page (main motion made at the April 22, 2013 meeting) Motion to Amend (Terry /Bardarson) Amend Ordinance 2013 -006, adding a new item 48 in Section Two: "Chapter 9, Section 903.1.1 of the I.F.C., is revised by adding a new Section 903.3.1.1.3 to read: `903.1.1.3 (Inspectors test valve). A test valve will be installed at the remote area in both dry and wet systems to equal the required flow of one sprinkler head. In locations that use floor control valves the inspector test valve may be collocated where it can be installed to the exterior to an interior drain." and renumber accordingly. Motion to Amend Passed Unanimous Keil wondered if the amendment was substantial enough to go out for another public hearing notice. Brooking deferred to the Fire Chief to determine if it had a material impact on the code proposal. If there was question, it would be better to err on the side of caution and have another notice. Squires said the mention of the floor control valves was the section he could not answer with certainty if there would be a cost increase for the user or not. Motion to Postpone (Shafer /Keil) Postpone Ordinance 2013 -006 to the May 28, 2013 meeting. Council requested this ordinance come back for an additional public hearing. Motion to Postpone Passed Unanimous INFORMATIONAL ITEMS AND REPORTS COUNCIL COMMENTS Bardarson thanked and wished those luck in the upcoming Combat Fishing Tournament. She hoped people participated in Lemonade Day, and wished everyone a Happy Belated Mother's Day. Keil thanked those who picked up trash last Saturday and participated in the Bike Rodeo. X31 City of Seward, Alaska City Council Minutes May 13, 2013 Volume 39, Page Shafer congratulated the high school track teams at Regions and wished them luck at the State Tournament. Terry thanked Public Works for their tunnel inspections, she was lucky to go on a tour inspection. The tunnel continued to need a lot of work as well as the diversion dike. This project needed to be kept at a federal level until Seward could get buy in from the feds. She appreciated the time Public Works took with their inspections. Long hoped everyone would wear their personal flotation devices Friday. Seaward wished everyone a Happy Mother's Day. CITIZEN COMMENTS - None COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS Keil wondered if there was a cost estimate for the baseline trail project that was proposed. Hunt was not aware of any dollar figure at this point. It was a great idea, but would require a lot of time and planning. They had not received formal plans at this point. ADJOURNMENT The meeting was adjourned at 8:25 p.m. Johanna Kinney, CMC David Seaward City Clerk Mayor (City Seal) I 3 CITY OF SEWARD, ALASKA APPLICATION FOR THE 4 - SEWARD HISTORIC PRESERVATION COMMISSION STREET ADDRESS; � � Pv MAILING ADDRESS: c '\. ,0∎A E -MAIL ADDRESS tC 3` Q bL , C OY\"--- HOME TELEPHONE: 4" 9,31 LENGTH OF RESIDENCY IN THE SEWARD AREA:O \ yQ PRESENIiY EMPLOYED AS: 1Z List any special training, education or background such as grant writing, history, architecture, or archeology, which may help you as a member of the Commission: \ 6) Have you ever been involved in any aspect of historic preservation? If so, briefly describe your involvement: 3 �� ms `s �q �� Nbk \ s \ox 1 am specifically interested in serving on the Historic Preservation Commission because: \s\s.;\\L \ \ ; \A C._ c,v • \\ s Have you ever served on a similar commission elsewhere? Yes o ` Ng. If so, where? And when? If appointed, are you willing to: • Do historic research? " YE", NO • Work on preparing grant applications? NO • Work on writing historic register nominations ? 3, NO • Attend historic preservation workshops? Yd. NO 11 1& \ _,\&, s SIGNATURE DATE 1 �� May 2013 May a 2013 Th June 2013 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 3 4 1 5 6 7 8 9 10 11 2 3 4 5 6 7 8 12 13 14 15 16 17 18 9 10 11 12 13 14 15 19 20 21 22 23 24 25 16 17 18 19 20 21 22 26 27 28 29 30 31 23 24 25 26 27 28 29 30 Monday Tuesday Wednesday Thursday I Friday Apr 29 30 May 1 2 3 6:OOpm Seward Rereat m T N 6 7 8 9 10 6:OOpm CCBudget WS 7:OOpm P&Z Mtg 12:OOpm PACAB WS 0 T 13 14 15 16 17 7:OOpm CC Mtg 6:OOpm Ethics Training 12:OOpm PACAB Special 6:OOpm Seward Recrea m 2 20 21 22 23 24 6:OOpm CC Budget WS 7:OOpm P&Z Spc Mtg O N 2 27 ,- 28 29 30 31 MEMORIAL DAY; OFFI; 7:OOpm CC Mtg 6:30pm HP Mtg '4 m N 2 Nanci Richey 1 5/22/2013 12:49 PM June 2 013 June 2013 July 2013 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 1 2 3 4 5 6 2 3 4 5 6 7 8 7 8 9 10 11 12 13 9 10 11 12 13 14 15 14 15 16 17 18 19 20 16 17 18 19 20 21 22 21 22 23 24 25 26 27 23 24 25 26 27 28 29 28 29 30 31 30 Monday Tuesday Wednesday Thursday Friday Jun 3 4 5 6 7 7:OOpm P &Z Mtg 12:OOpm PACAB Mtg 6:OOpm Seward Recrea m 11 12 13 14 7:00pm CC Mtg 17 18 19 20 21 6:OOpm P&Z WS 12:OOpm PACAB Work 5 6:OOpm Seward Recrea 6:30pm HP Mtg rN N rf 7 24 25 26 27 28 5:30pm Audit Work Se 7:OOpm CC Mtg N Nanci Richey 1 5/22/2013 12:49 PM IA\