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HomeMy WebLinkAbout07082013 City Council Packet ....... Seward City Council 1 Agenda Packet • ..,, .... , , Y+� �► • . 113 it k... 4". Aii,. • i 40 ik . .„„r lik .. tic. i l 1 . .. , r. . ..ro . . ligho,.. .., ,,,,, , 4 it var.1 . 14 ' ic ' ' • lt 4 r I ,, . -.-"`{ we - a 0 4 1 - , 4 ..........., ' I r . s'" ! _ Happy 4 of July!!! July 8, 2013 City Council Chambers Beginning at 7:00 p.m. `.• 1963 1965 2005 The City of Seward, Alaska litacerd CITY COUNCIL MEETING AGENDA #74 , All- America City p {Please silence all cellular phones and pagers during the meeting} July 8, 2013 7:00 p.m. Council Chambers David Seaward 1. CALL TO ORDER Mayor 2. PLEDGE OF ALLEGIANCE Term Expires 2013 3. ROLL CALL 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE Jean Bardarson ITEMS SCHEDULED FOR PUBLIC HEARING [Those who Vice Mayor have signed in will be given the first opportunity to speak. Time is Term Expires 2014 limited to 3 minutes per speaker and 36 minutes total time for this agenda item.] Robert Valdatta 5. APPROVAL OF AGENDA AND CONSENT AGENDA Council Member [Approval of Consent Agenda passes all routine items indicated by Term Expires 2013 asterisk ( *). Consent Agenda items are not considered separately unless a council member so requests. In the event of such a request, Christy Terry the item is returned to the Regular Agenda] Council Member Term Expires 2013 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Vanta Shafer A. Proclamations and Awards Council Member Term Expires 2013 1. July is National Parks and Recreation Month Pg. 4 Marianna Keil B. Borough Assembly Report Council Member C. City Manager's Report Term Expires 2014 D. Mayor's Report E. Other Reports and Presentations Ristine Casagranda Council Member 1. Port and Commerce Advisory Board Quarterly Report Term Expires 2014 James Hunt City Manager Johanna Kinney City Clerk Cheryl Brooking City Attorney City of Seward, Alaska Council Agenda July 8, 2013 Page 1 7. PUBLIC HEARINGS A. Ordinances for Public Hearing and Enactment 1. Ordinance 2013 -010, Amending Portions Of Seward City Code 15.25. Floodplain Management To Adopt The Digital Floodplain Rate Maps (DFIRM) And The Flood Insurance Study (FIS) Dated September 27, 2013 As Established By FEMA And Update Portions Of Chapter 15.25 To Minimum FEMA Requirements Pg. 5 8. UNFINISHED BUSINESS A. Other Unfinished Business Items 1. Resolution 2012 -058, Stating An Intent To Fund $400,000 For The Maple Street Sewer Line Project Subject To Receiving A Loan In That Amount, Authorizing A Loan Application With The Alaska Clean Water Fund And Authorizing The City Manager To Enter Into A Loan Agreement With The Alaska Drinking Clean Water Fund With Annual Payments Not To Exceed $24,000, And Subject To Annual Appropriation. (Clerk's Note: This resolution was originally approved on July 23, 2012. It is coming before council tonight in order to correct a term in the title which has a substantially different definition, and it should be noted that it includes a new agenda statement.) Pg. 20 9. NEW BUSINESS A. Resolutions *1. Resolution 2013 -053, Authorizing A Five Year Contract In An Annual Amount Starting At $655,470.00 With The State Of Alaska, Department Of Corrections, To Provide For Operating The Seward Community Jail And Housing Prisoners Charged And /Or Sentenced Under Alaska Statutes, And Appropriating Funds Pg. 26 *2. Resolution 2013 -054, Authorizing The City Manager To Enter Into A Contract With North Star Paving & Construction Inc. For The Z- Float/North East Harbor Upland Paving Improvements In The Amount Of $214,000.00 Plus A 10% Contingency, And Appropriating Funds . Pg. 43 *3. Resolution 2013 -055, Authorizing The City Manager To Enter Into A Design Build Contract With Harmon Construction For Harbor Restrooms Improvements In The Amount Of $105,000 And Appropriating Funds Pg. 71 *4. Resolution 2013 -056, Authorizing The City Manager To Purchase A Used Truck For A Cash Amount After Trade -In Consideration Of The Subaru Forester Not To Exceed $31,000, And Appropriating Funds P 86 5. Resolution 2013 -057, Stating An Intent To Fund $500,000 For The Maple Street Water Line Project Subject To Receiving A Loan In That Amount, Authorizing A Loan Application With The Alaska Drinking Water Fund And Authorizing The City Manager To Enter Into A Loan Agreement With The Alaska Drinking Water Fund With Annual Payments Not To Exceed $55,000, And Subject To Annual Appropriation Pg. 88 City of Seward, Alaska Council Agenda July 8, 2013 Page 2 B. Other New Business Items 1. Discussion on hiring a temporary Management Information Systems employee. (Administration) 2. Discussion on committee reports for the Seward Recreation Committee. (Casagranda) 3. Discussion on benches and signage at the shuttle bus stops. (Casagranda) 4. Discussion on exempting hostels from collecting bed tax. (Casagranda) ..Pg. 95 5. Seeking Council guidance and input on Founders Day Celebration and Japanese Delegation Events. (City Clerk) Pg. 113 6. Discussion on council establishing local co -op farming by providing small chemical - free city vacant lot /land /parks to organic farmers. (Seaward) Pg. 115 10. INFORMATIONAL ITEMS AND REPORTS (No Action Required) a. Two draft letters to be sent by Mayor Seaward to the outgoing and incoming Head of Office Consul of Japan in Anchorage . Pg. 121 b. Letter to Obihiro, Japan Mayor Norihisa Yonezawa accompanying the gift of an engraved gold pan for Obihiro's 2013 Heigen Festival Pg. 123 c. Letter to Kushiro, Japan Mayor Yoshitaka Ito accompanying the gift of an engraved gold pan for Kushiro's 2013 Funakogi Taikai rowing competition Pg. 125 d. Letter dated June 26, 2013 from the Alaska Department of Environmental Conservation responding to postcard showing coal dust in March 2007 at Seward Coal Terminal .. .Pg. 127 11. COUNCIL COMMENTS 12. CITIZEN COMMENTS 13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS 14. ADJOURNMENT City of Seward, Alaska Council Agenda July 8, 2013 Page 3 PROCLAMATION WHEREAS, physical recreation and meaningful leisure experiences contribute to physical and mental well - being, as well as the overall quality of life; and WHEREAS, community recreation and leisure opportunities create socially beneficial connections between and among individuals, groups, and communities; and WHEREAS, parks and recreation services provide preventive health benefits, support more productive workforces, enhance the desirability of locations for business and families, and stimulate tourism revenues that result in improving the entire community's economic development model; and WHEREAS, the provision and preservation of parks and open spaces are both an investment and insurance plan for our collective quality of life. NOW, THEREFORE, BE IT RESOLVED that July has been designated as recreation and parks month by the National Recreation and Park Association, and I encourage all citizens of Seward to join in this nationwide celebration of all the benefits derived from quality public and private recreation and park resources. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 8th Day of July, 2013. THE CITY OF SEWARD, ALASKA David Seaward, Mayor i..._\ Sponsored by: Planning and Zoning Commission Introduction Date: June 24, 2013 Public Hearing Date: July 8, 2013 Enactment Date: July 8, 2013 CITY OF SEWARD, ALASKA ORDINANCE 2013 -010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING PORTIONS OF SEWARD CITY CODE 15.25. FLOODPLAIN MANAGEMENT TO ADOPT THE DIGITAL FLOODPLAIN RATE MAPS (DFIRM) AND THE FLOOD INSURANCE STUDY (FIS) DATED SEPTEMBER 27, 2013 AS ESTABLISHED BY FEMA AND UPDATE PORTIONS OF CHAPTER 15.25 TO MINIMUM FEMA REQUIREMENTS WHEREAS, City Council adopted Ordinance 98 -11 in November 1998, establishing Chapter 15.25 Floodplain Management of the Seward City Code; and WHEREAS, City Council adopted Resolution 98 -127 authorizing the participation in the National Flood Insurance Program (NFIP); and WHEREAS, the Federal Emergency Management Administration (FEMA) has worked to digitize the local 1981 Floodplain Rate Maps (FIRM) and update the Flood Insurance Study (FIS) since January 2006; and WHEREAS, both the City of Seward and Seward Bear Creek Flood Service Area (SBCFSA) have held numerous public meetings and work sessions in discussion and review of the DFIRMs; and WHEREAS, the Federal Insurance Administration issued the letter of final determination on March 27, 2013, thereby, setting a mandatory six -month adoption date of September 27, 2013; and WHEREAS, Chapter 15.25 Floodplain Management, of the Seward City Code has not been updated since it was established in 1998; and WHEREAS, with the Federal Insurance Administration, September 27, 2013 DFIRM adoption, Seward City Code requires updating to remain eligible for the National Flood Insurance Program; and WHEREAS, at its June 4, 2013 meeting, the Planning and Zoning Commission held a public hearing and recommended City Council approval of the proposed City Code amendments, including the adoption of the DFIRMs and the FIS dated September 27, 2013. -5- CITY OF SEWARD, ALASKA ORDINANCE 2013 -010 NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: Section 1. Seward City Code is hereby amended as follows: Chapter 15.25 is hereby amended as follows: (Deletions are Bold kethroughs; Additions are Bold Underline) 15.25.020. - Definitions Development means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials (note: add this per 44 CFR 59.1) located within the area of special flood hazard. Floodplain or flood -prone means any land area susceptible to beink inundated by water from any source (see definition of "floodinji " ). Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from either the overflow of inland or tidal waters and/or the unusual and rapid accumulation of or runoff of surface waters from any source. Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged conditions would equal or exceed 50 percent of the market value of the structure before the damage occurred. (note: add this per 44 CFR 59.1) 15.25.030. - General provisions * ** (b) Basis for establishing flood hazard areas. • .. • . . . • . . • • , , • • • . • • • • , I 1 1 • . . . . , • , 1 • • • • .. . • • • • •. •. • • • .• . • " : ; • . • • • • • . . (note: remove and replace with required language 44 CFR 60.3,c,d,e) The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study (FIS) for the Kenai Peninsula Borough, Alaska and Incorporated Areas (City of Seward), dated September 27, 2013, with accompanying Flood Insurance Rate Map (FIRM) are hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance CITY OF SEWARD, ALASKA ORDINANCE 2013 -010 Study (FIS) and Flood Insurance Rate Map (FIRM) are on file at the Community Development Office. 15.25.050. - Provisions for flood hazard reduction (A.) General standards. In all flood hazard areas, the following standards are required. * ** (4) Subdivision proposals * ** d. Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for, and included in subdivision proposals which contain greater than 50 lots or five acres, or- greater whichever is less (note: remove and replace with required language 44 CFR 60.3(b) (3)) * ** (B) Specific standards. In all flood hazard areas where base flood elevation data has been provided as set forth in section 15.25.030(b), the following provisions are required: (1) Residential construction * ** c. For zones AH and AO, drainage paths are required around structures on slopes to drain floodwaters away from proposed structures. (note: add this per 44 CFR 60.3 (c) (11)) (2) Nonresidential construction * ** f. For zones AH and AO, drainage paths are required around structures on slopes to drain floodwaters away from proposed structures. (note: add this per 60.3 (c) (11)) (3) Manufactured homes a. All manufactured homes to be placed or substantially improved within zones A1-30, AH and AE shall be elevated on a permanent foundation such that the lowest floor of the 1 CITY OF SEWARD, ALASKA ORDINANCE 2013 -010 manufactured home is at or above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of 15.25.050(a)(1)b. b. When in an existing manufactured home park, for any new or substantially improved manufactured home its chassis shall be supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches above grade and be securely anchored so as to resist flotation, collapse, and lateral movement. (note: add this per 60.3 (c) (12)) (4) Recreational Vehicles. For any recreational vehicle placed on sites within Zones Al — A30, AH, and AE, it must be on site less than 180 consecutive days, or be fully licensed and ready for highway use, or meet the requirements of section 15.25.050 (A)(1) through (5) and section 15.25.050 (B)(1) through (3). A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and has no permanently attached additions. (note: add this per 60.3 (c) (14)) * ** (D) Coastal high hazard areas * ** (4) The use of fill for structural support of buildings within Zones VE V1-V30 V on the FIRM is prohibited. (note: add this per 60.3 (e) (6)) (5) For any recreational vehicle placed on sites within Zones V1— V30, V, and VE, it must be on the site less than 180 consecutive days, or be fully licensed and ready for highway use, or meet the requirements of section 15.25.050 (A)(1) through (5) and section 15.25.050 (B)(1) through (3). A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and has no permanently attached additions. (note: add this per 60.3 (e) (9)) Section 2. This ordinance shall take effect ten (10) days following enactment. CITY OF SEWARD, ALASKA ORDINANCE 2013 -010 ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 8` day of July, 2013. THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou Acting City Clerk (City Seal) Agenda Statement r 4 Of Meeting Date: June 24. 2013 G C-N\ To: City Council y �, gtasw Through: Jim Hunt, City Manage ��� Through: Ron Long, Assistant City Manager r From: Donna Glenz, Planner / ,� VV Agenda Item: City Council amend Seward City Code 15.25. Floodplain Management to Adopt the Digital Flood Insurance Rate Maps (DFIRM) and the Flood Insurance Study (FIS) Dated September 27, 2013 BACKGROUND & JUSTIFICATION: In January 2006 the Federal Emergency Management Administration (FEMA) started work to modernize the 1981 Flood Insurance Rate Maps (FIRM) and the Flood Insurance Study (FIS). Since that time City staff and the Seward Bear Creek Flood Service Area Board (SBCFSA) have held numerous meetings and teleconferences with FEMA regarding the program to modernize the flood maps by digitizing the old 1981 maps. While it is well known that the 1981 FIRMs needed to be corrected and the Seward flood area re- studied and remapped; the federal government did not fund such a program. What was funded was the modernization of the 1981 FIRMs by digitizing them. There were some updates done such as adding the area of Fourth of July Creek and a few minor corrections made. In November of 1998 City Council adopted Ordinance 98 -11 establishing Chapter 15.25 Floodplain Management of the Seward City Code. City Council also adopted Resolution 98 -127 authorizing the participation in the National Flood Insurance Program (NFIP). Since 1998 the City has been managing the floodplain based on the 1981 FIRMs. On March 27, 2013 the Federal Insurance Administration issued the letter of final determination on the DFIRMs. Once the letter of final determination has been issued the City has six (6) months to officially adopt the maps. If the City were to choose to not adopt the maps the City would be removed from the NFIP and become ineligible for flood related federal funding. Over the past 15 years the Federal Insurance Administration has issued changes to the minimum code compliance requirements. The City has made no updates or amendments to the City Code Chapterl5.25 Floodplain Management since the original adoption in 1998. Therefore, in addition to formally adopting the new DFIRMs, the following Code changes are necessary in order to remain eligible for the National Flood Insurance Program. ‘0 Specific additions, deletions or changes are as follows: (Deletions are Bold Striket-hroughs; Additions are Bold Underline) 15.25.020. - Definitions Development means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials (note: add this per 44 CFR 59.1) located within the area of special flood hazard. Floodplain or flood -prone means any land area susceptible to being inundated by water from any source (see definition of "flooding "). Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from either the overflow of inland or tidal waters and /or the unusual and rapid accumulation of or runoff of surface waters from any source. Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged conditions would equal or exceed 50 percent of the market value of the structure before the damage occurred. (note: add this per 44 CFR 59.1) 15.25.030. - General provisions * ** (b) Basis for establishing flood hazard areas. ... • . .. • . • . • • .. • . .. . • „ • • .. • „ 1 1 • • • - ... • . ...• • ... . . .... • • • . . . . . , • • • , • . • • - . . . • . • • • . • 1 I . . • . • • • • . • - . _ . (note: remove and replace with required language 44 CFR 60.3,c,d,e) The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study (FIS) for the Kenai Peninsula Borough, Alaska and Incorporated Areas (City of Seward), dated September 27, 2013, with accompanying Flood Insurance Rate Map (FIRM) are hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) are on file at the Community Development Office. 15.25.050. - Provisions for flood hazard reduction (A.) General standards. In all flood hazard areas, the following standards are required. Al * ** (4) Subdivision proposals * ** d. Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for, and included in subdivision proposals which contain greater than 50 lots or five acres, er- greater whichever is less (note: remove and replace with required language 44 CFR 60.3(b) (3)) * ** (B) Specific standards. In all flood hazard areas where base flood elevation data has been provided as set forth in section 15.25.030(b), the following provisions are required: (1) Residential construction * ** c. For zones AH and AO, drainage paths are required around structures on slopes to drain floodwaters away from proposed structures. (note: add this per 44 CFR 60.3 (c) (11)) (2) Nonresidential construction * ** f. For zones AH and AO, drainage paths are required around structures on slopes to drain floodwaters away from proposed structures. (note: add this per 60.3 (c) (11)) (3) Manufactured homes a. All manufactured homes to be placed or substantially improved within zones A1-30, AH and AE shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of 15.25.050(a)(1)b. b. When in an existing manufactured home park, for any new or substantially improved manufactured home its chassis \/)\ shall be supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches above grade and be securely anchored so as to resist flotation, collapse, and lateral movement. (note: add this per 60.3 (c) (12)) (4) Recreational Vehicles. For any recreational vehicle placed on sites within Zones Al — A30, AH, and AE, it must be on site less than 180 consecutive days, or be fully licensed and ready for highway use, or meet the requirements of section 15.25.050 (A)(1) through (5) and section 15.25.050 (B)(1) through (3). A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and has no permanently attached additions. (note: add this per 60.3 (c) (14)) * ** (D) Coastal high hazard areas * ** (4) The use of fill for structural support of buildings within Zones VE V1-V30 V on the FIRM is prohibited. (note: add this per 60.3 (e) (6)) (5) For any recreational vehicle placed on sites within Zones V1 —V30, V, and VE, it must be on the site less than 180 consecutive days, or be fully licensed and ready for highway use, or meet the requirements of section 15.25.050 (A)(1) through (5) and section 15.25.050 (B)(1) through (3). A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and has no permanently attached additions. (note: add this per 60.3 (e) (9)) CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan 3.7.3 Continue to improve the quality and efficiency of city governmental 1. services. X Bullet 1 - Continue to review and update of the Seward City Code. (page 27) As per Seward City Code the Planning and Zoning Commission held a public hearing and approved P &Z Resolution 2013 -12, at their June 4, 2013 meeting, recommending City Council approved the attached Ordinance, amending Seward City Floodplain Code 15.25 and adopting the Digital Flood Insurance Rate Maps. INTENT: Adopt the Digital Floodplain Rate Maps (DFIRM) and the Flood Insurance Study (FIS) Dated September 27, 2013 and update the SCC 15.25 to minimum FEMA standards. FISCAL NOTE: Implementation of the new floodplain ordinance may not have an immediate or direct cost to the City; it could have a material impact to City, local businesses and individuals who are determined to be in a Special Flood Hazard Area. Approved by Finance Department: ,0041, � LL i ATTORNEY REVIEW: Yes X No RECOMMENDATION: Staff and the Planning and Zoning Commission recommend the Council introduce and enact Ordinance 2013- Q(Q , amending Seward City Code 15.25 Floodplain Management. eCFR — Code of Federal Regulations Page 1 of 1 ELECTRONIC CODE OF FEDERAL REGULATIONS e -CFR Data is current as of May 28, 2013 Title 44: Emergency Management and Assistance PART 59— GENERAL PROVISIONS Subpart A— General § 59.2 Description of program. (a) The National Flood Insurance Act of 1968 was enacted by title XIII of the Housing and Urban Development Act of 1968 (Pub, L. 90 -448, August 1, 1968) to provide previously unavailable flood insurance protection to property owners in flood -prone areas. Mudslide (as defined in § 59.1) protection was added to the Program by the Housing and Urban Development Act of 1969 (Pub. L. 91- 152, December 24, 1969). Flood- related erosion (as defined in § 59.1) protection was added to the Program by the Flood Disaster Protection Act of 1973 (Pub. L. 93 -234, December 31, 1973), The Flood Disaster Protection Act of 1973 requires the purchase of flood insurance on and after March 2, 1974, as a condition of receiving any form of Federal or federally-related financial assistance for acquisition or construction purposes with respect to insurable buildings and mobile homes within an identified special flood, mudslide (i.e., mudflow), or flood-related erosion hazard area that is located within any community participating in the Program. The Act also requires that on and after July 1, 1975, or one year after a community has been formally notified by the Federal Insurance Administrator. of its identification as community containing one or more special flood, mudslide (i.e., mudflow), or flood - related erosion hazard areas, no such Federal financial assistance, shall be provided within such an area unless the community in which the area is located is then participating in the Program, subject to certain exceptions. See FIA published Guidelines at § 59.4(c). { (b) To qualify for the sale of federally- subsidized flood insurance a community must adopt and submit to the Federal Insurance Administrator. as part of its application, flood plain management j \, regulations, satisfying at a minimum the criteria set forth at part 60 of this subchapter, designed to reduce or avoid future flood, mudslide (i.e., mudflow) or flood - related erosion damages. These regulations must include effective enforcement provisions. (c) Minimum requirements for adequate flood plain management regulations are set forth in § 60.3 �`. for flood -prone areas, in § 60.4 for mudslide (i.e., mudflow) areas and in § 60.5 for flood- related erosion areas. Those applicable requirements and standards are based on the amount of technical information available to the community. [41 FR 46968, Oct. 26, 1976, as amended at 43 FR 7140, Feb. 17, 1978. Redesignated at 44 FR 31177, May 31, 1979, and amended at 48 FR 44552, Sept. 29, 1983; 49 FR 4751, Feb. 8, 1984] For questions or comments regarding e -CFR editorial content, features, or design, email ecfr @nara.gov. For questions concerning e -CFR programming and delivery issues, email webteam @gpo.gov. • Sponsored by: Staff CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2013 -12 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL AMEND PORTIONS OF SEWARD CITY CODE 15.25 FLOODPLAIN MANAGEMENT TO ADOPT THE SEPTEMBER 27, 2013 DIGITAL FLOODPLAIN RATE MAPS AS ESTABLISHED BY FEMA AND UPDATE PORTIONS OF TITLE 15.25 TO MINIMUM FEMA REQUIREMENTS WHEREAS, City Council adopted Ordinance 98 -11 in November 1998, establishing Title 15.25 Floodplain Management of the Seward City Code; and WHEREAS, City Council adopted Resolution 98 -127 authorizing the participation in the National Flood Insurance Program (NFIP); and 'WHEREAS, the Federal Insurance Administration has provided Digital Flood Insurance Rate Maps (DFIRM) and the Federal Insurance Study (FIS) affective September 27, 2013; and WHEREAS, both the City of Seward and the Seward Bear Creek Flood Service Area (SBCFSA) have held several public meetings and work sessions in review of the DFIRMs; and WHEREAS, the Federal Insurance Administration issued the letter of final determination on March 27, 2013; thereby setting a six month adoption date of September 27, 2013; and WHEREAS, the Public Hearing notification process has been complied with. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission recommends Council approve the attached Ordinance 2013- , adopting the Digital Flood Insurance Rate Maps (DFIRM) and the Federal Insurance Study (FIS) affective September 27, 2013. Section 2. The Commission further recommends the Council approve the attached Ordinance 2013 -_ amending various portions of Title 15.25. Floodplain Management to meet minimum flood:plain management requirements as provided by FEMA. \ ( Seward Planning and Zoning Commission Resolution 2013 -12 Page 2 of 2 Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 4th day of June 2013. THE CITY OF SEWARD r ,. «i9Af �` u ma Sandie Roach', Chair AYES: Butts, Campestre, Fleming, McClure, Ecklund NOES: None ABSENT: Roach' ABSTAIN: None VACANT: One ATTEST: Johanna Kinney, CMC City Clerk (City Seal) • City of Seward, Alaska Planning Commission Minutes June 4, 2013 Volume 7, Page 35 New Business Items requiring a Public Hearing — 1 Resolution 2013- 12 of the Planning and Zoning Commission of the City of Seward, Alaska, recommending City Council amend portions of Seward City ...,.. i irc Code 15.25 Floodplain Management to adopt the September 27, 2013 Digital Floodplain Rate Maps as established by FEMA and update portions of Title 15.25 to minimum FEMA requirements Glenz noted the history of the federal flood insurance program and the requirements for local management of floodplain development. The effort to digitize the local floodplain maps took several years to complete. Glenz further noted the City had six (6) months from the date the Federal Insurance Administration sent a letter of final determi ,'on to adopt the new DFIRM maps and the required City Code amendments to remain , -Sr de for the Nation Floodplain �� nY Insurance Program (NFIP). ' ' : r7T Y n Butts asked for clarification regarding any actio #G R :` sion might take and what was required of City Council. : ; y Glenz said the resolution before the Commission wa =I ommendation to Council in support of the adoption of the attached Ordinance, which include+ the proposed floodplain maps and corresponding changes to City Code. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. k City resident Da ' Squi,Rtl property tansdards. Yers would know if a property had been imp *:led to i , ain development Glenz said -'144 ', buyers could do research with the appropriate offices, such as the �� Y ers Kenai River Center for :, ", within the Kenai Peninsula Borough and the Community Development Office for parce' 1 thin the City limits. Prospective buyers could also research the available floodplain maps and have discussions with lenders regarding necessary flood insurance. Squires asked if more public education efforts might be helpful to inform property developers. Glenz said the City continually meets FEMA requirements for providing public information and notification, including contacting property owners, realtors, lenders, local insurance agents and contractors; the City also participates in the annual public permitting and information day held locally. Motion (Fleming/Butts) Approve Resolution 2013 -12 City of Seward, Alaska Planning Commission Minutes June 4, 2013 Volume 7, Page 36 2 Butts questioned whether housing lenders provided floodplain development and flood insurance information. In response Glenz stated that lenders were able to direct their clients to the apocopate agency for information and assistance. Ecklund noted that not all of the Kenai Peninsula Borough was participating in the National Flood Insurance Program. Glenz agreed that the City of Kenai, Soldotna and Kachemak City do no , ,rticipate in the National Flood Insurance Program, but the remainder of the Kenai Pen• . ; Borough was participating. The local floodplain development requirements were, essen, , identical to those of the Borough, Glenz said. .0 tV Motion Passed Unanimous Unfinished Business — None New Business — None Informational Items and Reports (No action required) Reminder of June 18 Seward / Be .'`'. r , ,' 11 9 e„ ervice Area Work Session 2013 PIannin & Zoning Meeting S r d '' ; Reminder of June 24 3,.. Quarterly Y Re o Council P�, Ecklund asked Fleming if she would = providing the quarterly Planning and Zoning Commission report to City Council. Fleming said she would provide the report. Fleming said she planned to gather the latest inform �.r her Council report at the scheduled June 18 Planning and Zoning Co f ' i ; session. P , ` J Corium sion Conine : -4 'estre ,V ed retired Fire Chief David Squires for his years of service. Vat Flemtt, so thanked David Squires for contributing to the comxununity. McClure noted that he would not be available for the scheduled June 18 work session and asked to be excused. Butts thanked David Squires for being an advisor the Planning and Zoning Commission over the years. Butts also noted the recent death of Seward Resident Jerry Tuthill, who was a key member of the Seward Volunteer Fire Department and other cormnunity organizations. \CA Sponsored by: Hunt Corrected: July 8, 2013 Nunc Pro Tune: July 23, 2012 CITY OF SEWARD, ALASKA RESOLUTION 2012 -058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, STATING AN INTENT TO FUND $400,000 FOR THE MAPLE STREET SEWER LINE PROJECT SUBJECT TO RECEIVING A LOAN IN THAT AMOUNT, AUTHORIZING A LOAN APPLICATION WITH THE ALASKA CLEAN WATER FUND AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A LOAN AGREEMENT WITH THE ALASKA CLEAN WATER FUND WITH ANNUAL PAYMENTS NOT TO EXCEED $24,000, AND SUBJECT TO ANNUAL APPROPRIATION WHEREAS, in 2010 city staff identified several issues necessitating the addition of 850 linear feet of gravity sewer main on Maple Street; and WHEREAS, in 2011 staff completed and submitted the required questionnaire to compete for loan monies being offered by the Alaska Clean Water Fund; and WHEREAS, this project was placed on Alaska's point based funding priority planning list for fiscal year 2012; and WHEREAS, the City of Seward seeks to obtain the necessary financial assistance to complete the Maple Street Sewer Main Extension by obtaining a loan from the State of Alaska, Department of Environmental Conservation's Alaska Clean Water Fund. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City of Seward hereby confirms its commitment to the State of Alaska (ADEC), and its intent to fund a $400,000 maple street sewer extension project, subject to receiving a loan from the ADEC. Section 2. The City Manager is authorized to apply for a loan in the amount of $400,000 from the State of Alaska Department of Environmental Conservation, Clean Water Fund, for the sewer system improvement known as Maple Street Sewer Main Extension. Section 3. The City Manager is hereby authorized to execute any and all documents that may be necessary to reflect the $400,000 loan from ADEC, the terms of its repayment over 20 years at a rate of interest equal to 1.5% subject to annual appropriations, including but not limited to an agreement for the loan and a promissory note. Annual loan payments shall not exceed $24,000. CITY OF SEWARD, ALASKA RESOLUTION 2012 -058 CORRECTED Section 4. The City Manager is directed to report to the City Council a payment schedule and final loan amount before execution. Section 5. This resolution shall take effect thirty (30) days following adoption. PASSED AND APPROVED nunc pro tunc to July 23, 2012 by the City Council of the City of Seward, Alaska, this 8 day of July, 2013. THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou Acting City Clerk (City Seal) Council Agenda Statement e 1 � S , Meeting Date: July 8, 2013 ; =1 �'t'O�O �rA. From: Jim Hunt, City Manager q '4, Agenda Item: Correcting Resolution 2012 -058 BACKGROUND & JUSTIFICATION: Resolution 2012 -058 was passed by Council on June 23, 2012. An error was recently found in the title requiring correction. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, STATING AN INTENT TO FUND $400,000 FOR THE MAPLE STREET SEWER LINE PROJECT SUBJECT TO RECEIVING A LOAN IN THAT AMOUNT, AUTHORIZING A LOAN APPLICATION WITH THE ALASKA CLEAN WATER FUND AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A LOAN AGREEMENT WITH THE ALASKA DIG CLEAN WATER FUND WITH ANNUAL PAYMENTS NOT TO EXCEED $24,000, AND SUBJECT TO ANNUAL APPROPRIATION The correction is necessary because the drinking water and clean water funds are two distinct and different definitions and funds. Consistency in the language and correction of the resolution is prudent and required to move forward with the project. INTENT: Correct an error in Council Resolution 2012 -058. CONSISTENCY CHECKLIST: Yes No NA 1 Comprehensive Plan: X 2 Strategic Plan: X 3 Other: X FISCAL NOTE: When the Loan Agreement for this project was brought forward for Council approval in 2012, the administration told the Council that we were submitting a loan application solely for the purpose of scoring higher on a grant application, and that the most we intended to borrow at that time was $100,000. A grant was not received on this project so we are pursuing a loan in the full amount of $400,000. The Wastewater Fund does not generate sufficient revenues to pay the debt service on this debt, approximately $24,000 per year, so will have to draw down cash reserves. Current cash balance is $685,000. The Fund ended 2012 with surplus cash of $25,735; deficit cash in 2011 of ($65,959) excluding grant revenues; deficit cash of ($74,732) in 2010 and deficit cash of ($220,411) in 2009 excluding a one -time loan receipt. Pursuing this loan will significantly reduce the ability to obtain financing for additional wastewater projects for term of this loan (20 years). Approved by Finance Department: ,4 "_..„ ATTORNEY REVIEW: Yes No X RECOMMENDATION_ Recommend approval of corrections to Resolution 2012 -58. 'a:o\ Sponsored by: Bunt i CITY OF SEWARD, ALASKA RESOLUTION 2012 -058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, STATING AN INTENT TO FUND $400,000 FOR THE MAPLE STREET SEWER LINE PROJECT SUBJECT TO RECEIVING A LOAN IN • . • e - - • 1 h. A LOAN APPLICATION WITH THE ALASKA CLEAN WATER FUND AND AUTHORIZING TH [TY o ; .AGE • 1 3451:11 w O • OAN AGREEMENT WITH TH KA r DRINKING WATER FUND TH ANNUAL PAYMENTS NOT TO E E D — 324,000, AND SUBJECT ANNUAL APPROPRIATION 9101 lel be WHEREAS, in 2010 city staff identified several issues necessitating the addition of 850 linear feet of gravity sewer main on Maple Street; and ktr ' ; WHEREAS, in 2011 staff completed and submitted the required questionnaire to compete f or loan monies being offered by the Alaska Clean Water Fund; and WHEREAS, this project was placed on Alaska's point based funding priority planning list for fiscal year 2012; and WHEREAS, the City of Seward seeks to obtain the necessary financial assistance to complete the Maple Street Sewer Main Extension by obtaining a loan from the State of Alaska, Department of Environmental Conservation's Alaska Clean Water Fund. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1, The City of Seward hereby confirms its commitment to the State of Alaska (ADEC), and its intent to fund a $400,000 maple street sewer extension project, subject to receiving a loan from the ADEC, Section 2. The City Manager is authorized to apply for a loan in the amount of $400,000 from the State of Alaska Department of Environmental Conservation, Clean Water Fund, for the sewer system improvement known as Maple Street Sewer Main Extension. Section 3. The City Manager is hereby authorized to execute any and all documents that may be necessary to reflect the $400,000 loan from ADEC, the terms of its repayment over 20 years at a rate of interest equal to 1.5% subject to annual appropriations, including but not limited to an agreement for the loan and a promissory note. Annual loan payments shall not exceed $24,000. „„ Section 4. The City Manager is directed to report to the City Council a payment schedule City of Seward, Alaska City Council Minute.% Jul 23, 2012 Volume 38, Page 865 No: Casagranda her Resolution 2012 -056, Stating An Intent To Fund $490,000 For The Lowell Point And SMIC Lagoons Sludge Removal Project, Subject To Receiving A Loan In That Amount, Authorizing A Loan Application With The Alaska Clean Water Fund And Authorizing The City Manager To Accept A Loan Offer From The Alaska Clean Water Fund With Payments Subject To Bi- Annual Appropriation. Motion (Bardarson /Shafer) Approve Resolution 2012 -056 Long said administration was still seeking grant funding for this project, but wanted to have other options in place. He said if council authorized this application, it would strengthen the city's position to apply for grants. Motion to Amend (Bardarson /Keil) Amend Resolution 2012 -056, changing payment schedule from "Bi- Annual" to "Annual" in the title. Motion To Amend Passed Unanimous Main Motion Passed Unanimous Resolution 2012 -057 Authorizing The City Manager To Enter Into A Grant Agreement ... With The Alaska Department Of Environmental Conservation Municipal Matching Grant Program With A Total Award Of $2,508,000 For Phase II Of The North Seward Water Storage Tank And Pumping Facility Project, And Appropriating Funds. Motion (Bardarson /Shafer) Approve Resolution 2012 -057 Motion to Amend (Seaward /Bardarson) Amend Resolution 2012 -057, changing the amount in the Eighth Whereas from "52,510,000" To "52,508,000 ". Motion To Amend Passed Unanimous Casagranda asked if there was grant paperwork available, including project completion date. Long stated this would come back to council at a later time. Public Works Director W.C. Casey stated that on page 88 of the packet was the formal letter to the city manager, but they had not yet received formal grant paperwork. Main Motion Passed Unanimous Resolution 2012 -058, Stating An Intent To Fund $400,000 For The Maple Street Sewer Line Project Subject To Receiving A Loan In That Amount, Authorizing A Loan Application With The Alaska Clean Water Fund And Authorizing The City Manager To r f i \/ City of Seward, Alaska City Council Minutes .luly 23, 2012 Volume 38, Page 866 Enter Into A Loan Agreement With The Alaska Drinking Water Fund With Annual Payments Not To Exceed $24,000, And Subject To Annual Appropriation. { \/ Motion (Bardarson /Keil) Approve Resolution 2012 -058 Casey stated the intent was to use and leverage the approval of the loan to apply for a 70/30 matching grant, which would be a cost savings, in order to develop a redundant sewer in the area of the senior care facility. The result of this grant would be instead of the city taking out a loan in the amount of $400,000, the city could receive a grant for $300,000 and only have to pay $100,000 for the project. Bardarson was concerned about the city having the cash flow to pay for their portion of the loan payment, and asked that council be informed prior to entering into a financial commitment. Casey replied that in 2013 the city would be retiring some debt, and could enable the city to handle making payments on a loan of $90,000 - 100,000 at 1.5% interest. \ Motion to Amend (Bardarson/Keil) Amend Resolution 2012 -058, creating a new section 4 that reads, "The City Manager is directed to report to Council a payment schedule and final loan amount before execution." Motion to Amend Passed Unanimous Main Motion Passed Unanimous OTHER NEW BUSINESS Council unanimously voted to appoint Darryl Schaefermeyer, Bruce Jaffa and Steven Fink to the Port and Commerce Advisory Board with terms expiring July 2015. INFORMATIONAL ITEMS AND REPORTS (No action required) Letter from Senator Mark Begich congratulating Seward on 100 years of incorporation. Letter, from the City of Kushiro acknowledging the 30'" Anniversary of the signing of the Sister Port Agreement with the City of Seward. COUNCIL COMMENTS Bardarson welcomed the Japanese exchange students and remembered when she was an exchange student herself many years ago. She offered condolences to the Gene Skinner family and said he contributed a lot to our community and would be greatly missed. She thanked Schaefermeyer, Fink and Jaffa and Ms. Bablinskas for applying for PACAB. She reminded everyone that there were openings on the Planning & Zoning Commission as well as the Flood Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2013 -053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING A FIVE YEAR CONTRACT IN AN ANNUAL AMOUNT STARTING AT $655,470.00 WITH THE STATE OF ALASKA, DEPARTMENT OF CORRECTIONS, TO PROVIDE FOR OPERATING THE SEWARD COMMUNITY JAIL AND HOUSING PRISONERS CHARGED AND /OR SENTENCED UNDER ALASKA STATUTES, AND APPROPRIATING FUNDS WHEREAS, the City of Seward has received a proposed five year contract from the State of Alaska for the operation of the Seward Community Jail; and WHEREAS, the contract amount for the City of Seward is $655,470.00; this amount has increased by $99,470.00 from the 2012 contract, to operate the Seward Community Jail in accordance with the attached contract from July 1, 2013 through June 30, 2018; and WHEREAS, the contract amount will be increased each year during the term of the agreement based on the Anchorage Consumer Price Index (CPI). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council hereby authorizes the City Manager to enter into a five year contract with the State of Alaska, Department of Corrections, to provide for operating the Seward Community Jail and housing prisoners charged and/or sentenced under Alaska Statutes, at an initial contract amount of $655,470.00. Section 2. The City Council hereby instructs the administration to continue lobbying for additional state funding of the Seward Community Jail such that the local taxpayers are not asked to subsidize the cost of operating the jail for state - related offenses. Section 3. The 2013 Jail Contract revenue budget no. 101- 0000 - 4350 -0170 is hereby increased by $189,998 from $465,472 to $655,470. Section 4. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 8 day of July, 2013. CITY OF SEWARD, ALASKA RESOLUTION 2013 -053 THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou Acting City Clerk (City Seal) 1 Council Agenda Statement Meeting Date: July 8, 2013 . stk. O To: Jim Hunt, City Manager V � ?:; - 1 From: Tom Clemons Chief of Police gtAS�P Agenda Item: Renewal of Jail Contract between the Department of Corrections and the City of Seward BACKGROUND & JUSTIFICATION: The City of Seward has entered into contracts with the Department of Corrections for many years and this renewal is being presented for adoption. The State of Alaska will pay the City of Seward $655,470.00 annually to operate the Seward community Jail in accordance with the conditions set forth in the attached contact. This contract will be in force from July 1, 2013 through June 30, 2018. INTENT: To authorize the City Manager to renew the Jail Contract between the City of Seward and the Department of Corrections. CONSISTENCY CHECKLIST: Yes No NA 1 Comprehensive Plan: (Page 14) Public Safety X 2 Strategic Plan: (Page 18) Promote a Safe Community X 3 Other: X FISCAL NOTE: The City of Seward will receive the sum of $655,470.00 from the State of Alaska for the first year of this contract. This is an increase in the amount of $99,470.00 from the previous year. Each year, the amount of the contract will increase by by the Anchorage CPI. Approved by Finance Department: ��i�e,sa ATTORNEY REVIEW: Yes X No _ RECOMMENDATION: r,��, Recommend approval of Resolution 2013- O J,°tuthoring a contact between the City of Seward and the State of Alaska, Department of Corrections that provides for the City of Seward to operate the Seward Community jail, and house prisoners charged and /or sentenced under Alaska Statutes. The State will pay the City $655,470.00 to provide the service. STANDARD AGREEMENT FORM FOR PROFESSIONAL SERVICES 1. Agency Contract Number 2. ASPS Number 3. Financial Coding 4. Agency Assigned Encumbrance 2041010 20 - 15905 - 76900011 -73076 2041010 5. Vendor Number 6. Project/Case Number 7. Alaska Business License Number COS84266 Regional and Community Jail: Seward not applicable This contract is between the State of Alaska, 8. Department of Division Corrections Probation and Parole hereafter the State, and 9. Contractor City of Seward Police Department Hereafter the Contractor Mailing Address Street or P.O. Box City State ZIP +4 P.O. Box 167 410 Adams St, Seward AK 99664 10. ARTICLE 1. Appendices: Appendices referred to in this contract and attached to it are considered part of it. ARTICLE 2. Performance of Service: 2,1 Appendix A (General Provisions), Articles 1 through 14, governs the performance of services under this contract. 2.2 Appendix C sets forth the services, liability and insurance provision of this contract to be performed by the contractor. ARTICLE 3. Period of Performance: The period of performance for this contract begins Ju11y 1, 2013 , and ends Ante 30, 2018 ARTICLE 4. Considerations: 4.1 In full consideration of the contractor's performance under this contract, the State shall pay the contractor a sum not to exceed $655,470.00 in accordance with the provisions of Appendix D 4.2 When billing the State, the contractor shall refer to the Authority Number or the Agency Contract Number and send the billing to: 11. Department of Attention: Division of Corrections Administrative Services, Accounting Mailing Address Attention: PO Box 112000, Juneau, AK 99811 -2000 Devra Hayes (ph. 907 - 465 - 3478) 12. CONTRACTOR 14. CERTIFICATION: I certify that the facts herein and on supporting Name of Firm documents are correct, that this voucher constitutes a legal charge against funds and appropriations cited, that sufficient funds are City of Seward encumbered to pay this obligation, or that there is a sufficient balance Signature of Authorized Representative Date in the appropriation cited to cover this obligation. I am aware that to knowingly make or allow false entries or alterations on a public record, or knowingly destroy, mutilate, suppress, conceal, remove or Typed or Printed Name of Authorized Representative otherwise impair the verity, legibility or availability of a public record constitutes tampering with public records punishable under AS James Hunt 11.56.815 -.820. Other disciplinary action may be taken up to and Title including dismissal. City Manager (ph. 907 fax 907 - 224 - 8480) 13. CONTRACTING AGENCY Signature of Head of Contracting Agency or Designee Date Department/Division Date Corrections / Probation and Parole Signature of Project Director Typed or Printed Name John Schauwecker Typed or Printed Name of Project Director ` Title Carrie Belden Procurement Manager CPPB, C.P.M. Title Dept. of Corrections Director, Probation and Parole (ph. 907- 269 -7367) Juneau Procurement Officer (907- 465 -3399) NOTICE: This contract has no effect until signed by the head of contracting agency or designee. 02 -093 (12103102) SAF DOC APPENDIX A GENERAL PROVISIONS Article 1. Definitions. 1 1 In this contract and appendices, "Project Director" or "Agency Head" or "Procurement Officer" means the person who signs this contract on behalf of the Requesting Agency and includes a successor or authorized representative 1 2 "State Contracting Agency" means the department for which this contract is to be performed and for which the Commissioner or Authorized Designee acted in signing this contract. Article 2. Inspections and Reports. 2 1 The department may inspect, in the manner and at reasonable times it considers appropriate, all the contractor's facilities and activities under this contract 2.2 The contractor shall make progress and other reports in the manner and at the times the department reasonably requires Article 3. Disputes. 3 1 Any dispute concerning a question of fact arising under this contract which is not disposed of by mutual agreement shall be decided in accordance with AS 36.30 620 -632. Article 4. Equal Employment Opportunity. 4 1 The contractor may not discriminate against any employee or applicant for employment because of race, religion, color, national origin, or because of age, disability, sex, marital status, changes in marital status, pregnancy or parenthood when the reasonable demands of the position(s) do not require distinction on the basis of age, disability, sex, marital status, changes in marital status, pregnancy, or parenthood. The contractor shall take affirmative action to insure that the applicants are considered for employment and that employees are treated during employment without unlawful regard to their race, color, religion, national origin, ancestry, disability, age, sex, marital status, changes in marital status, changes in marital status, pregnancy or parenthood This action must include, but need not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training including apprenticeship The contractor shall post in conspicuous places, available to employees and applicants for employment, notices setting out the provisions of this paragraph. 4.2 The contractor shall state, in all solicitations or advertisements for employees to work on State of Alaska contract jobs, that it is an equal opportunity employer and that all qualified applicants will receive consideration for employment without regard to race, religion, color, national origin, age, disability, sex, marital status, changes in marital status, pregnancy or parenthood. 4.3 The contractor shall send to each labor union or representative of workers with which the contractor has a collective bargaining agreement or other contract or understanding a notice advising the labor union or workers' compensation representative of the contractor's commitments under this article and post copies of the notice in conspicuous places available to all employees and applicants for employment. 4.4 The contractor shall include the provisions of this article in every contract, and shall require the inclusion of these provisions in every contract entered into by any of its subcontractors, so that those provisions will be binding upon each subcontractor For the purpose of including those provisions in any contract or subcontract, as required by this contract, "contractor" and "subcontractor" may be changed to reflect appropriately the name or designation of the parties of the contract or subcontract. 4.5 The contractor shall cooperate fully with State efforts which seek to deal with the problem of unlawful discrimination, and with all other State efforts to guarantee fair employment practices under this contract, and promptly comply with all requests and directions from the State Commission for Human Rights or any of its officers or agents relating to prevention of discriminatory employment practices. 4.6 Full cooperation in paragraph 4 5 includes, but is not limited to, being a witness in any proceeding involving questions of unlawful discrimination if that is requested by any official or agency of the State of Alaska; permitting employees of the contractor to be witnesses or complainants in any proceeding involving questions of unlawful discrimination, if that is requested by any official or agency of the State of Alaska; participating in meetings; submitting periodic reports on the equal employment aspects of present and future employment; assisting inspection of the contractor's facilities; and promptly complying with all State directives considered essential by any office or agency of the State of Alaska to insure compliance with all federal and State laws, regulations, and policies pertaining to the prevention of discriminatory employment practices 4 7 Failure to perform under this article constitutes a material breach of contract Article 5. Termination. The Project Director, by written notice, may terminate this contract, in whole or in part, when it is in the best interest of the State. The State is liable only for payment in accordance with the payment provisions of this contract for services rendered before the effective date of termination Article 6. No Assignment or Delegation. The contractor may not assign or delegate this contract, or any part of it, or any right to any of the money to be paid under it, except with the written consent of the Project Director and the Agency Head Article 7. No Additional Work or Material. No claim for additional services, not specifically provided in this contract, perfonned or furnished by the contractor, will be allowed, nor may the contractor do any work or furnish any material not covered by the contract unless the work or material is ordered in writing by the Project Director and approved by the Agency Head Article 8. Independent Contractor. The contractor and any agents and employees of the contractor act in an independent capacity and are not officers or employees or agents of the State in the performance of this contract Article 9. Payment of Taxes. As a condition of performance of this contract, the contractor shall pay all federal, State, and local taxes incurred by the contractor and shall require their payment by any Subcontractor or any other persons in the performance of this contract Satisfactory performance of this paragraph is a condition precedent to payment by the State under this contract Article 10. Ownership of Documents. All designs, drawings, specifications, notes, artwork, and other work developed in the performance of this agreement are produced for hire and remain the sole property of the State of Alaska and may be used by the State for any other purpose without additional compensation to the contractor The contractor agrees not to assert any rights and not to establish any claim under the design patent or copyright laws The contractor, for a period of three years after final payment under this contract, agrees to furnish and provide access to all retained materials at the request of the Project Director. Unless otherwise directed by the Project Director, the contractor may retain copies of all the materials Article 11. Governing Law. This contract is governed by the laws of the State of Alaska. All actions concerning this contract shall be brought in the Superior Court of the State of Alaska, Article 12. Conflicting Provisions. Unless specifically amended and approved by the Department of Law the General Provisions of this contract supersede any provisions in other appendices. The contractor specifically acknowledges and agrees that provisions in any form contracts it appends hereto that purport to (I) waive the State of Alaska's sovereign immunity, (2) impose indemnification obligations on the State of Alaska that are not conditioned on legislative appropriation, or (3) seek to limit liability of the contractor for acts of contractor negligence, are expressly superseded by this contract and are void Article 13. Officials Not to Benefit. Contractor must comply with all applicable federal or State laws regulating ethical conduct of public officers and employees. Article 14. Covenant Against Contingent Fees. The contractor warrants that no person or agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fec except employees or agencies maintained by the contractor for the purpose of securing business Fur the breach or violation of this warranty, the State may terminate this contract without liability or in its discretion deduct from the contract price or consideration the full amount of the commission, percentage, brokerage or contingent fee .�o ALASKA DEPARTMENT OF CORRECTIONS CONTRACT FOR REGIONAL AND COMMUNITY JAILS SERVICES July 1, 2013 through June 30, 2018 Appendix C General Terms Parties The parties to this contract are the Alaska Department of Corrections, and the Borough /City of Seward, herein referred to as the "Borough /City ". 1. Services Provide short -term regional and community jail confinement of persons held under State law. This is a contract for the Borough /City to operate a jail facility and hold prisoners in accordance with this contract and The Standards for Jail Operations adopted by the Governor's Task Force on Community Jails (November 18, 1994 edition), hereafter referred to as "The Standards ". The Standards and the final report of the Governor's Task Force are attached as Appendix E to this contract. As adopted by the Governor's Task Force, and as explained in the Document, Chapter 13, sec. 13.05 of Appendix E, these standards were not, and are not, intended to be used in any legal proceeding to establish a "duty of care ", or evidence of a legal duty to any person or entity. Rather, these standards were and are intended: a. as a statement of professional goals to be achieved; b. to promote recognition of needed improvements, both as to facilities and operations; c. to promote efficiency; and d. to encourage professionalism in the operations of Alaska jails. As used in this contract, "Community Jail Administrator" has the meaning given in Chapter 13 of The Standards. As used in this contract, "prisoner" has the meaning given in AS 33.30.901(12), and specifically excludes persons detained under authority of AS 47. This contract allows the Borough /City to hold persons detained under AS 47 in its jail facility, however the Department is authorized to, and will not, compensate the Borough /City for any direct or indirect costs related as AS 47 detainees, including medical or transportation costs. 2. Sole Agreement This contract is the sole agreement between the parties relating to jail services. There are no other agreements, express or implied. This contract represents the Department's sole obligation for payment for the care and custody of prisoners held at the Seward Regional and Community Jail participating in the Regional and Community Jails Program during the term of the contract. It is the intention of the parties that no other sums will be billed to or owed by the Department for jail services. #2041010 3 Seward Regional and Community Jail 3. Effective DatelTermination /Amendments This contract is effective July 1, 2013 and continues in force through June 30, 2018 except that it may be terminated by either party upon ninety (90) days written notice from the terminating party. This will be a five -year contract with annual CPI and Geographical differential increases applied each fiscal year as described in Appendix D. Contract amendments for additional work can be incorporated through appendices or attachments mutually agreed upon and signed by both parties. 4. Responsibilities of the parties General Responsibilities of the Borough /City The Borough /City Shall a. Operate a facility for the care and confinement of prisoners in accordance with this contract and with goals set out in The Standards, including any additions or deletions to The Standards by the Commissioner of Corrections following notice to all community jail administrators and an opportunity to comment. b. Comply with the U.S. Civil Rights Act of 1964, as amended (P.L. 88 -35 -42 USC secs. 2000e -2 and 2000e -3) and Federal regulations implementing the act in the hiring and treatment of its employees and will not subject any prisoner to discrimination on the grounds of race, creed, color, religion, national origin, sex. c. Permit reasonable visitation for prisoners as set out in The Standards. A record or log of all prisoner visitors will be kept indicating date, time and identity of each visitor. d. Protect prisoner property by taking proper precautions and providing the necessary policies and procedures to protect the property from loss or destruction. e. Not accept a prisoner into the facility under this contract if the person is unconscious or in immediate need of medical attention, and shall not be entitled to reimbursement for immediate medical services provided to such a person. The Borough /City shall provide necessary medical care for prisoners accepted into the facility under this contract, and shall be entitled to reimbursement by the Department for the cost of such care, per Section C6 of this contract. f. Immediately notify the Department of Corrections, the nearest post of the Alaska State Troopers, and any police agencies in the general vicinity of the jail facility if a prisoner escapes or leaves the premises of the facility without authority. The Borough /City shall make every reasonable effort to return the prisoner to the facility without cost to the Department of Corrections, as long as there are reasonable grounds to believe the prisoner is within the Borough /City limits. g. Adopt and enforce rules concerning smoking by prisoners and staff consistent with State statutes and regulations, keeping in mind the health and welfare of all prisoners and staff personnel. h. Maintain prisoner records showing the prisoner's time served, the date and time the #2041010 4 Seward Regional and Community Jail prisoner was booked in, the date and time of changes to custody, notations about the prisoner's institutional adjustment, and records of medical and dental treatment. These prisoner records must be in a prisoner's file when they are transferred from the regional and community jail facility to another state correctional facility. Immediately, but, in no event more than 24 hours following receipt of notice, report to the Department of Corrections all claims concerning the jail facility that could foreseeably affect the legal liability of either party to this contract and cooperate with the Department of Corrections in the defense and /or settlement of the claim. j. Purchase and maintain in force at all times during the performance of services under this agreement the policies of insurance listed in the contract. Where specific limits are shown, it is understood that they shall be the minimum acceptable limits. If the Borough's /City's policy contains higher limits, the State shall be entitled to coverage to the extent of such higher limits. k. Certificates of Insurance must be furnished to the contracting officer prior to beginning work and must provide for a notice of cancellation, non - renewal, or material change of conditions in accordance with policy provisions. Failure to furnish satisfactory evidence of insurance or lapse of the policy is a material breach of this contract and shall be grounds for termination of the Borough's /City services. All insurance policies shall comply with and be issued be insurers licensed to transact the business of insurance under AS21. The Borough /City shall provide and maintain, for all employees engaged in work under this contract, coverage as required by AS 23.30.045, and where applicable, any other statutory obligations including but not limited to Federal U.S.L. &H. and Jones Act requirements. This policy must waive subrogation against the state. The Borough /City shall be responsible for insuring that any subcontractor who directly or indirectly provides services under this contract will maintain Worker's Compensation Insurance. m, Provide and maintain comprehensive general liability insurance, with a combined single limit per occurrence of not less than $1,000,000.00 covering activities associated with or arising out of this contract, to include jail keeper's legal liability coverage. The State shall be added as an additional insured under such policies. The Borough /City shall be solely responsible for the payment of claims or losses to the extent they fall within the deductible amount of such insurance. This insurance shall be primary to any other insurance or self insurance carried by the State. n. Hold that the Borough / City shall indemnify, hold harmless, and defend the contracting agency from and against any claim of, or liability for error, omission or negligent act of the Borough / City under this agreement up to the Borough / City policy limits as noted in Section 4(m). The Borough / City shall not be required to indemnify the contracting agency for a claim of, or liability for, the independent negligence of the contracting agency. If there is a claim of, or liability for, the joint negligent error or omission of the Borough / City and the independent negligence of the Contracting agency, the indemnification and hold harmless obligation shall be apportioned on a comparative fault basis. "Borough / City" and "Contracting agency ", as used within this and the following article, include the employees, agents and other Borough / City who are directly responsible, respectively, to each. The term "independent negligence" is negligence other than in the Contracting agency's #2041010 5 Seward Regional and Community Jail selection, administration, monitoring, or controlling of the Borough / City and in approving or accepting the Borough / City work. 0, Provide and maintain comprehensive automobile liability insurance, covering all owned, hired and non -owned vehicles used during the provision of services under this contract with coverage limits not less than $100,000.00 per person, $300,000.00 per occurrence bodily injury and $50,000.00 property damage. P. The regional and community jail must use an accounting system that records all expenditures on an ongoing basis and must provide a record of these expenditures to the oversight agency on a quarterly basis in a format prescribed by the oversight agency. q. The regional and community jail must prepare and present an annual budget request that reflects the necessary resources required for facility operations. Budget requests will be prepared in the manner and detail prescribed by the oversight agency. The annual budget request will include a staffing plan showing in detail staff assignments and the number of full and part-time positions. r. Annual budget request for each fiscal year is due to the Department's State Regional and Community Jail Administrator on October 15 of each year. s. Annual budget request for each fiscal year is due to the State Regional and Community Jail Administrator on October 1 of each year for inclusion in the annual Department of Corrections' fiscal year operating appropriations request annually. For example; Fiscal Year 2015 is due to the State Regional and Community Jail administrator on October 1, 2013 for inclusion in the annual Department of corrections' fiscal year 2015 operating appropriations request. t. By October 1 of each fiscal year, the Regional and Community Jail Administrator must provide their request for the next fiscal year capital project request. Failure to meet this deadline may result in no capital project request for the next fiscal year u. Quarterly financial reports are due to the state regional and community jail administrator on the following dates of each fiscal year: July — September — quarterly and year -to -date financial statement due on October 31. October — December — quarterly and year -to -date financial statement due on January 31. January — March — quarterly and year -to -date financial statement due on April 30. April — June— quarterly financial and year -to -date financial statement due on July 31. v, Provide a monthly accounting of prisoner statistics by the 15 day of the month following the monthly period covered on forms provided by the Department of Corrections. The forms shall include specific information on each prisoner housed during the reporting period to include the prisoner's name, the number of man -days, the charge or reason for incarceration, the dates of incarceration, the arresting agency and other information as requested on the forms. #2041010 6 Seward Regional and Community Jail 344 "Man -day" indicates a prisoner was confined for more than four (4) hours in one twenty -four hour calendar day. If a prisoner had been confined for less than or equal to (4) hours in one calendar day, the accounting shall indicate one -half man -day. w. Not operate furlough or release programs for pre- sentenced prisoners held, unless ordered by a court. The Borough/City shall not permit a furlough or release for any sentenced prisoners without the consent of the Department of Corrections. x. Regional and Community Jails accessing the Agency's Alaska Corrections Offender Management System (ACOMS) will require all jail personnel using the ACOMS System to undergo a DOC background security check. The Regional and Community Jail Administrator will submit the following information for each person accessing the ACOMS System for security review by DOC: (1) Full name (2) Residence address (3) Telephone (4) Date of birth (5) Valid drivers license and state of issue, or other photo identification (6) Social Security number The Jail Administrator, with assistance from the State Regional and Community Jail Administrator, will develop Policy and Procedures for monitoring jail staff to ensure system security, confidentiality and the use of the ACOMS System only for Regional and Community Jail business. The Jail Administrator will immediately notify the Regional and Community Jail Coordinator if jail staff with access to the ACOMS System leave their employment. Regional and Community will be responsible for ongoing telecommunications costs such as line charges, connection fees and internet service provider fees, etc. 5. General Responsibilities of the Department of Corrections The Department of Corrections shall: a. Reimburse the Borough /City for necessary medical care under section C6 of this Contract. b. Not be responsible for the management of local jail facility prisoner population. It is the policy of the Department of Corrections to detain and confine only prisoners from the normally serviced region of the respective facilities. However, in the case of an emergency or for necessary population or security management purposes, prisoners may be transferred from other areas of the State. c. Be permitted to inspect, at all reasonable times, any facility used by the Borough /City #2041010 7 Seward Regional and Community Jail to house prisoners that are confined, in order to determine if that facility is complying with The Standards and with this agreement. d. Provide on -going technical assistance and training for regional and community jails requesting access to the ACOMS System. The Department of Corrections will conduct security checks, with information provided by the Jail Administrator, for all jail staff requesting access to the ACOMS System. All related telecommunications charges (such as telephone company lines fees or tolls and internet service provider fees, or special charges for initial line installation) will be the responsibility of the community jail. 6. Medical and Dental Care and Reimbursement The Borough /City shall: a. Provide necessary medical care to prisoners accepted into the Regional and Community Jail facility under this contract. Prisoners who require medical attention are to be provided treatment as soon as possible, taking into consideration the nature of the illness or injury. If medical care is provided outside of the jail facility, the Regional and Community Jail Administrator shall provide transport to the off-site medical facility and necessary security as required by paragraph 7a of this contract. As used in this contract, "necessary medical care" has the meaning given in Chapter 13 of The Standards. If requirements of this definition are otherwise met, the following are included within the term "necessary medical care" and subject to reimbursement: (1) psychological or psychiatric care; and (2) dental care to: control bleeding; ii. relieve pain; eliminate acute infection; iv. prevent pulp decay and imminent loss of teeth through operative procedures; and v. treat injuries to teeth or repair supporting dental structures, caused by accident or injury. b. Maintain control of and dispense medicines to prisoners in compliance with The Standards and directions specified by a physician or other qualified health care provider, and take reasonable steps to guard against misuse or overdose of medicines by prisoners. c. Adopt emergency medical procedures and make available telephone numbers for medical, psychiatric, or other health services, so that staff will have ready access to such information. d. Obtain approval from the Department before incurring liability for medical care which reimbursement is sought, except in the case of emergency care that must be provided to the prisoner before approval from the Department of Corrections can be obtained. The Borough /City shall make a reasonable effort to obtain approval from the Department of Corrections and shall promptly, but in no event later than the next #2041010 8 Seward Regional and Community Jail working business day, notify the Department of Corrections of any emergency for which medical care was provided before such approval could be obtained. Approval from the Department of Corrections will not be unreasonably withheld. To obtain approval Borough /City staff should contact the Department of Corrections Central Office during normal working hours Monday through Friday 8:OOam to 4:30pm at (907) 269 -7300, after hours, weekends and holidays contact the Anchorage Correctional Complex Medical Unit at (907) 269 -4233. e. Be entitled to reimbursement from the Department of Corrections for expenses of necessary medical care provided under paragraph 6a and approved under paragraph 6d. In applying for reimbursement, the Borough /City must follow the procedure set out in paragraph 6f. The Borough /City will not be entitled to reimbursement for the hiring of emergency guards or other medically related security costs, or for medical care for persons (1) held under the authority of AS 47, (2) accepted into the facility while unconscious or in immediate need of medical attention, (3) receiving medical services for elective, cosmetic or other medical services that are not necessary medical care, or Medical services provided to prisoners who have been properly accepted into the Borough /City jail facilities under this contract shall not, however, be challenged by the Department merely because they were rendered immediately or shortly after the prisoner was accepted. f. Request reimbursement by submitting to the Department of Corrections a properly certified accounting containing: (1) a copy of the medical bill with the prisoner's name and a description of the services rendered, (2) a copy of the monthly booking form showing the prisoner's date and time of booking, and (3) a copy of the medical payment request form, The Regional and Community Jail Administrator will make reasonable effort and take appropriate steps to assure that the Department of Corrections is billed only for necessary and required medical services beyond the payment limits of the prisoner or any insurance carrier or other third -party payer. 7. Transfers and Transportation of Prisoners The parties agree that: a, The Borough /City shall provide transportation and supervision for medical care provided within local boundaries as required by paragraph 6(a). Supervision must be adequate to prevent escapes, prevent inappropriate contact with others, prevent possession of contraband and provide security for the prisoner and the public. #2041010 9 Seward Regional and Community Jail b. The Borough /City shall immediately notify the Department to request that a prisoner be transferred from the facility to one outside of local boundaries because; (1) a court has ordered the transportation; (2) the prisoner has been incarcerated in the facility for 30 consecutive days, unless a court has ordered that the prisoner remain in the facility or the prisoner has signed a written waiver requesting to remain in the facility; or (3) the Regional and Community Jail Administrator believes a transfer is necessary for security or population management reasons. c. The Borough /City shall continue to hold prisoners, notwithstanding the existence of grounds for a transfer, until the Department arranges transportation for the prisoner. d. The City shalt, when the prisoner leaves the facility, furnish the transporting officer with the prisoner's file described in paragraph 4h of this agreement. 8. Electronic Monitoring The Borough /City has the option to use electronic monitoring. If the Borough /City is interested in electronic monitoring, please contact DOC to coordinate a memorandum of agreement and utilization of the DOC BI, Inc. Electronic Monitoring contract. #2041010 10 Seward Regional and Community Jail ALASKA DEPARTMENT OF CORRECTIONS CONTRACT FOR REGIONAL AND COMMUNITY JAIL SERVICES July 1, 2013 through June 30, 2018 Appendix D Payment Provisions 1. The total contract amount for the City / Borough of Seward is $655,470.00 for the period from July 1, 2013 through June 30, 2014 and represents the total payment due for FY 14. This will be a five -year contract with annual CPI and Geographical differential increases applied each fiscal year as described below. 14 Beds 2. It is specifically agreed by the parties that the Department of Corrections is not funded for and will not provide annual in- service training as set out in Section 10.01 of The Standards, unless funding is provided by the Alaska Legislature or the City. 3. The City / Borough shall be prohibited from utilizing funds received under this contract for any purpose other than operation of Regional and Community Jail facility. Any funds received by the City / Borough under this contract that are utilized for purposes other than those authorized by this contract shall be reimbursed to the State and deposited to the general fund. 4. The Department of Corrections will automatically provide a guaranteed inflation adjustment at the start of FY 2015 (July1, 2014) and price adjustments will then be provided annually at the beginning of each fiscal year throughout the life of the contract. Adjustments will be calculated in accordance with the percentage change in the US Department of Labor Consumer Price Index (CPI) CUUSA427SAO, - All Urban Consumers for Anchorage, Alaska (not seasonally adjusted) issued for the most recent half -year period. The base CPI for all future adjustments will be the index issued for January through June 2012 (205.215). The percentage change for each annual price adjustment will be further adjusted by the appropriate "district cost factor" in AS 14.17.460 as a geographical difference. The CPI adjustment is capped at 2% per annual period multiplied by the geographical difference noted in the prior paragraph. See the attached EXAMPLE, (Appendix F), which further explains the automatic guaranteed inflation adjustment with the geographical difference adjustment. The Department of Corrections will notify the City / Borough of Seward each fiscal year in May of the new rate that includes the price adjustment. The Department of Corrections will exercise a unilateral amendment to encumber the appropriate funds and recognize to new contract amount each fiscal year that includes the CPI and geographical differential increases and provide a copy to the City / Borough of Seward. G:\ supply \CommunityJailContract \Comm Jail FY14 to FY181Seward -n.doc #2041010 11 S eward Regional and Community Jail Appendix list: A General Provisions B Not used C General Terms and Indemnity and Insurance related language D Payment Provisions E State of Alaska, Community Jails Program: Standards for Jail Operation As produced and adopted by the Governor's Task Force on Community Jails, November 1994 F CPI & Geographical Differential example #2041010 12 Seward Regional and Community Jail LAD Appendix F CPI & Geographical Difference Example For the CPI adjustment in the contract, Department of Corrections (DOC) annually adjusts the contract amount on the initial base year amount. Then annually, DOC recalculates the CPI model to determine the contract increase (capped at 2% per annual period multiplied by the Department of Education and Early Development factor) Contract increase will be the lower of the CPI adjusted amount or the DOC capped amount. Contract renewal date: July 1, 2014 Price to be adjusted: $500,000 annual contract `'`` Adjustment period: Annually , :e CPI index to use CPI -U All Urban Consumers, All Items, Anchorage area "'- , DOEED factor: ct r: 1.234 t .: Base index: January to June, 2012 - 205.215 A . 1 ' _ :( '` iii First Adjustment Period (FY 2015): '� :. ' < . , Current index: July to December 2013 ''''h,<, s -f, "} 208.500 Base index: January to June 2012 >,_> ` "' ` 205.215 Subtract the Base index from the Current n ex .! t 208.500 - 205.215 - 3.285 Divide the result by the Base index a <;% 11 <: ' 3.285 / 205.215 = 0.0160 Multiply the result by 100 to obtaercetagev 0.0160 x 100 = 1.60% Multiply he price to be adjusted b ' -% increase $500,000.00 x 1.60% $ 8,000.00 y ! � : incre �;. Multiply the price increase by the ap ,ptle District Cost Factor from AS 14.17.460 $8,000 * 1.234 $ 9,872.00 Add the price to be adjusted to the adjusted amount $500,000.00 + $9,872 = $ 509,872.00 • CPI adjusted amount $ 509,872.00 (A) DOC capped amount Contract amount multiplied by capped increase $500,000 * 2% = $ 10,000.00 Multiply the capped price increase by the appropriate District Cost Factor from AS 14.17.460 $10,000 * 1.234 = $ 12,340.00 Add the capped price to base contract amount $500,000 + $12,340 = $ 512,340.00 (B) CONTRACT AMOUNT FOR THE FIRST ADJUSTMENT PERIOD Lower of (A) or (B) $ 509,872.00 Page 13 Contract renewal date: July 1, 2015 Price to be adjusted: $500,000 annual contract Adjustment period: Annually CPI index to use: CPI -U All Urban Consumers, All Items, Anchorage area DOEED factor: 1.234 Base index: January to June, 2012 - 205.215 Second Adjustment Period (FY 2016): Current index: July to December 2014 `, 213.300 MIN Base index: January to June 2012 � 205.215 Subtract the Base index from the Current index 213.390 X5.2- ` Y 8.085 Divide the result by the Base index 8.08 r • - 0.0394 Multiply the result by 100 to obtain percentage . Y� 0394 000 ' i :. MEIN 3.94% Multiply the price to be adjusted by the % increase wb ,00.0tix 3.94% $ 19,700.00 Multiply the price increase by the appropriate District %,• •�:��; •`"� MIN Cost Factor from AS 14.17.460 t ,; ''00 * 1.234 $ 24,309.80 Add the price to be adjusted to the ad ust_„ .amount I $500000.00 + $24,310 524,310.00 CPI adjusted amount ; w''" $ 524,310.00 (A) DOC capped amount MN Contract amount multiplied by cap k =crew $500,000 * (2% * 2) NEN $ 20,000.00 NMI Multiply the capped price increase by'- e , ; ,propriate MIN District Cost Factor from AS 14.17.460' $20,000 * 1.234 = $ 24,680.00 MIIIIAdd the capped price to base contract amount $500,000 + $24,680 MIN $ 524,680.00 (B) CONTRACT AMOUNT FOR THE SECOND ADJUSTMENT PERIOD Lower of (A) or (B) NMI $ 524,310.00 It is important to note that with each price adjustment, the original CPI base index date range must be compared to the most current CPI index date range. Equally important is that DOC must always make the adjustment to the original contract amount. DOC does not adjust the contract amount that has been previously adjusted. Page 14 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2013 -054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH NORTH STAR PAVING & CONSTRUCTION INC. FOR THE Z- FLOAT/NORTH EAST HARBOR UPLAND PAVING IMPROVEMENTS IN THE AMOUNT OF $214,000.00 PLUS 10% CONTINGENCY, AND APPROPRIATING FUNDS WHEREAS, the purpose of the 2010 Designative Legislative Grant in the amount of $2,000,000.00 is to provide funding to the City of Seward for use towards security and fire protection and upland improvements for the Z -Float project, and this paving project will utilize $163,099 in funding from the FY2010 Designated Legislative Grant approved in Resolution 2010 -096; and WHEREAS, an additional amount of $72,301.00 is needed to finish the paving in the Z- Float parking area, which amount includes a 10% contingency, and those funds are appropriated from the Parking Enterprise Fund; and WHEREAS, the objective of the Z- Float/North East Harbor project is to expand the Seward Small Boat Harbor by installing a new Security (Z) Float and upland improvements; and WHEREAS, the pavement was cut up and removed to install a new water and sewer line for Z- Float, and this pavement needs to be replaced; and WHEREAS, the upland paving improvements were advertised for bids an accordance with Seward City Code 6.10.210 and Seward City Code 6.10.215 and the lowest responsive and responsible bidder of companies which submitted bids was North Star Paving & Construction Inc.; and WHEREAS, the bids for this project ranged from a low of $214,000.00 to a high of $228,000.00; and WHEREAS, the grant funds may be used towards contractual services, engineering, design, planning, permitting, project management, and construction; and WHEREAS, the Z -Float upland paving improvements for the project will be finished by the fall of 2013. NOW, THEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is authorized to negotiate and enter into a contract with North /- A a CITY OF SEWARD, ALASKA RESOLUTION 2013 -054 Star Paving & Construction Inc. in substantially the form as attached hereto, for paving services to complete the upland improvements for the (Z) -Float project in the amount of $214,000.00. Section 2. The amount of $163,099.00 is hereby appropriated from the Security (Z) Float project account number 274 - 2746 -4680 to 274 - 2746 -5390 to allow for payment of paving services. Section 3. The amount of $72,301.00 is hereby appropriated from the Parking Enterprise Fund reserve account no. 403 - 0000 - 3071 -0274 to 274 - 2746 -5390 to finish the Z -float parking area, including a 10% ($21,400) contingency. Section 4. This resolution shall take effect immediately. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 8 day of July, 2013. THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou Acting City Clerk (City Seal) i1L\ City Agenda Statement ofSEs,. Meeting Date: July 8, 2013 C To: City Council 1�A y'P Through: City Manager Jim Hunt From: Norman Regis Deputy Harbormaster Agenda Item: Authorizing the City Manager to enter into an agreement with North Star Paving & Construction Inc. for the Security (Z) Float/ North East Harbor upland Paving Improvements for $235,400.00 to complete the Z- Float/Upland Improvements and appropriating funds not to exceed $163,099.00 from the FY 2010 Designated Legislative grant approved in Resolution 2010 -096 and appropriating funds not to exceed $72,301.00 from The Parking Reserve Fund BACKGROUND & JUSTIFICATION: In 2010 the City successfully received a State Legislative grant for $2.0 million for the following project: Security and Fire Protection for Commercial Passenger Vessels. This funding will enable the completion of Phase 3 of the East Harbor Expansion Project including the Security (Z) Float and upland improvements. Working with URS Corporation the City solicited for bids per SCC 6.10.210 and SCC 6.10.215 for Z -Float upland paving improvements. 2 Bids were received by June 19, 2013 deadline. The bidders were North Star Paving & Construction Inc. and Alaska Road Builders. The lowest bidder at opening was North Star Paving & Construction Inc. The bids ranged from a low of $214,000.00 to a high of $228,000.00, City Staff and URS reviewed the bids and found the low bid by North Star Paving to be responsive and responsible. The City has reviewed the bid from North Star Paving and recommends awarding the contract for Z- FloatlNorth East Harbor Upland Paving Improvements. The total cost to the City would not exceed $235,400.00 (the bid /contract amount of $214,000.00 plus a 10% contingency). North Star Paving & Alaska Road Engineer's Construction Inc. Builders Inc. Estimate Base Bid $130,000 $130,000 $165,400 Additive Alternate 1 $25,000 $27,000 $36,300 Additive Alternate 2 $6,000 $9,500 $10,900 Additive Alternate 3 $53,000 $61,500 $73,500 TOTAL $214,000 $228,000 $286,100 INTENT: Authorizing the City Manager to enter into a construction contract with North Star Paving for $235,400.00 for Upland Paving and improvements for Z -Float and appropriating $163,099.00 from the 2010 Designated Legislative Grant and $72,301.00 from the Parking Reserve Fund not to exceed $235,400.00. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan :Economic Development, Small Boat Harbor 1. Development, expand and maximize potential of the existing harbor X parking area 2 Strategic Plan: Economic Base, Improve and expand Maritime Facilities X complete with a parking plan. 3. Other (list): FISCAL NOTE: Funding for this project will come from grant funds in the total amount of $163,099, plus from the Parking Enterprise Fund reserves in the amount of $72,301. This project will reduce the Parking Fund's cash balance from $461,902 to $389,601. This will leave sufficient reserves in the Parking Fund to pay for 2013 budgeted sealing and striping of the parking lots, but may impact the ability of the Fund in the near -term to purchase new pay stations and complete all patching, sealing, and striping identified in the capital improvement plan. Approved by Finance Department: J144.42 4,, ATTORNEY REVIEW: Yes No X RECOMMENDATION: Council supports Resolution 2013 - /-4 authorizing the City Manager to enter into a construction contract with North Star Paving & Construction Inc. for $214,000.00 with $163,099.00 coming from grant funds for the Z -Float Project, and $72,300 coming from the Parking Enterprise Fund Reserves. _ ro 1 "` 't ■ �: `_ sir• �- Ii �AaTS,a" t ? 1 E - • 0 a 1 ■ � \J L5 I - o .11 SEWARD SMALL BOAT HARBOR r yq 1 \ i 1 \az� ;IF. PHASE 3 EAST HARBOR EXPANSION _ e Z FLOAT UPLANDS PAVING - - I ' l • 2013 _ - g b — - , <" - .110_ — o GENERAL NOTES o -, - —"� /M' i I C PROJECT AREA SCOPE OF WORK - SEWARD SMALL BOAT HARBOR PLACE TOP SURFACE ASPHALT PAVEMENT OVER EXISTING TOP SURFACE BASE COURSE THAT WAS E PLACED ON THE SITE IN THE FALL OF 2012. THE PROJECT CONSISTS OF A BASE 80 PAVING AREA. - AND 3 ADDITNE ALTERNATE PAVING AREAS. THE EXISTING BASE COURSE IS SEVERAL INCHES THICK. k=1--- �� THE PORTION OF THE ASPHALT PAVEMENT IN THE TURNAROUND AREA NEAR THE BOAT RAMP (BASE I �) BID) WILL BE 4 INCHES THICK, THE ACCESS ROAD AND PARKING AREAS TO THE NORTH OF BOAT I A DITIWE ALTERNATES:� 1 RAMP (BASE BID) WILL BE 2 INCHES THICK. ASPHALT IN ADDITIVE ALTERNATE AREAS WILL BE 2 tb INCHES THICK. THE EXISTING 895E COURSE WILL NEED TO BE RE- GRADED TO ACHIEVE FINISH 1 p ! V _ Irr M - _ 'I ' GRADE DETAILED IN THE PROJECT DRAWINGS AND COMPACTED IN SOME AREAS. IT 15 ANTICIPATED I _ fI _ _ J✓ € THAT APPROXIMATELY 300 CUBIC YARDS OF EXCESS BASE COURSE MATERIAL WILL NEED TO BE X NUM • • / 1 I I EXCAVATED FROM THE BASE BID AREAS TO ACHIEVE FINAL GRADES SHOWN OF THE DRAWINGS. 2 - h - BRASS CAP 1 STOCKPILE EXCESS MATERIAL IN THE PROJECT AREA AS DIRECTED BY THE CITY OF SEWARD � %. I en $ REPRESENTATIVE 2236296.7274 I g' E 604175.5997 , 0 0 ! SURVEY CONTROL ELEV 20.51 Iy _BASE BID_ z z ° MONUMENTS WITH ELEVATIONS AND COORDINATES ARE SHOWN ON LOCATION MAP ON TOP RIGHT OF u - AL MONUMENT 1 ` > ,4 THIS SHEET. LAY OUT OF HORIZONTAL BOUNDARIES OF ASPHALT PAVEMENT CAN BE ACCOMPLISHED = - ai - -' - -' ( - a N 2238463.SS Z 8 WITH DIMENSIONS SHOWN IN THE PROTECT DRAWINGS. -iL Y- a "- ,_;___'��_- _ =mac .E 604091.52 ASPHALT PAVEMENT c= - = — — = rr ELEV 1 $ p z ASPHALT PAVEMENT SHALL CONFORM WITH ALASKA DEPARTMENT OF TRANSPORTATION & PUBLIC LOCATION MAP g 40 z FACILITIES (ADOT &PF) STANDARD SPECIFICATIONS AND DNISION 32 ASPHALT PAVEMENT SPECIFICATION g d % INCLUDE IN THE PROJECT DOCUMENTS. SCALE: NOT i0 SCALE � i a o AGGREGATE BASECOURSE (0.1) SCHEDULE OF DRAWINGS o 3 AGGREGATE BASE COURSE LEVELING SURFACE SHALL CONFORM WITH ADOT &PF STANDARD LL W A SPECIFICATIONS FOR AGGREGATE 845E & SURFACE COURSES. SPREAD AND SHAPE THE BASE GENERAL w 1 COURSE MATERIAL TO THE REQUIRED GRADE. WATER OR AERATE AS NECESSARY TO PROVIDE TV W OPTIMUM MOISTURE CONTENT FOR COMPACTION. COMPACT EACH LAYER TO A DENSITY OF NOT REF. NO. SHEETNO. SHEET TITLE UJ 5 LESS THAN 98R OF THE MAXIMUM DENSTY DETERMINED BY A5TM D1557. MAINTAIN THE SURFACE e OF EACH LAYER DURING THE COMPACTION OPERATIONS IS SUCH A MANNER THAT A UNIFORM TEXTURE 15 PRODUCED AND THE AGGREGATES FIRMLY KEYED. G1.0 1 TITLE. PROJECT LOCATION MAP. AN0 GENERAL NOTES 1- 2 WATER VALVE BOXES AND MANHOLE COVERS C1.1 2 SITE PLAN - BASE BID G C1.2 3 GRADING PLAN -BASE BID H BRING ALL VALVE BOXES AND MANHOLE COVERS TO AN ELEVATION EQUAL TO BELOW THE FINISHED SURFACE OF THE ASPHALT PAVEMENT, OR AS DIRECTED BY THE PROJ ECT ENGINEER C2.1 4 SITE PLAN-ADDITIVE ALTERNATES C2.2 5 GRADING PLAN- AODITNE ALTERNATES 1 & 2 STORNIWATER RUNOFF - 03096.000 C2.3 6 GRADING PLAN- ADDITNE ALTERNATE 3 ' 05/13/2013 USE BEST MANAGEMENT PRACTICES (MAP'S) 10 PREVENT SEDIMENT ENTERING STORM DRAINS OR INTO RESURRECTION 845. USE STRAW WATTLES AT CATCH BASINS AND DRAINAGE SWALES, OR OTHER .w... BMP'S AS DIRECTED BY THE PROJECT ENGINEER. *E.. FOR CONSTRUCTION '° G1.0 P. "` 1 v 6 -- _ — - "' / /77T7 \ , '* a G /� / I I 5u4 sapays13 pdomas __— -:__ __. ... ____- , — .— E \ ‘-„,,, / / / ' -- --- .' \ ,ic \\ 1 .., %A..., ' 0 c T. 2 1 i = al= ,,,.,<- �� / / 1 � \ i \ W ALT. 2 = = -. / \/ S ) 1 as 4 1• Kelin a 1 k El _ 3_ ...4___ 2 S \. �` - I . M - - - M - \ M - - - M - - - M - — - M - - - M - _ - M - Y 1 / 1 ` . - " CONCRETE �p . \C � i 42.5 ^i _ 'IA ,°r 3) 1{ ■ ' II \ i .:,. R9 -Q \ " - ►: :. . . O 44- 'V ' ,--) '' \ S 6 — 6 - \ii_ / / J 0 � C . \ 1 1 m p L P :il E: - :! 9 34' v V ADDITIVE ALTERNATE 3 , . J :. ' _ 5 1:25' A '-" . �H' -*: - .--� :M- , 9, L . 34' :�I- .. - -_. N. rM M___ -_'M - -M rM� ��M:_�M. - - -.M: -• ' T waicr. 1 I , : _f 1. : - " — .— 6ENTRLo.E ROAD ":� • f • , . _ _ . . . IBM 1 l I G ' 159.25 . / 0 840 — ` , • e ADDfTIVE ALTERNATE 1 _ n1 1. . I � � \ - 1 kV . -. ..: . : .0 8' '-..., 8 PLAN VIEW -BASE BID Fa„ m I 0 O S HEET KEYNOTES g Z g . Jn 1. CUT AND MATCH EXISTING PAVEMENT AT END OF CURB a . J FT;FND D al d 2. WATER VALVE, ADJUST TO r BELOW FINISH GRADE : 2 INCA THICK ASPHALT PAVEMENT, -Z � Q • 3. MANHOLE CASTING AND COVER. ADJUST TO }' BELOW 21,650 SQUARE FEET O 07 a FIN G RADE " 4 INCH THICK ASPHALT PAVEMENT, I+ 4. VERIFY VALVE BOX IS OUT OF PAVEMENT, IF IN 15.560 SQUARE FEET GRAPHIC SCALE N PAVEMENT ADJUST TO E 8ELOW FINISH GRADE 30 0 15 30 60 S 5. ASPHALT THICKNESS = 2 INCHES ON ACCESS ROAD — — W — WATERLINE $ FROM RESTROOM BUILDING NORTH TO PORT AVENUE 05 FEET) a 6. ASPHALT THICKNESS = 2 INCHES ON SOUTH AND EAST s SEWER LINE SIDE OF RESTROOM BUILDING 7. ASPHALT THICKNESS - 4 INCHES IN TURN– AROUND so STORM DRAIN AREA NEAR THE BOAT RAMP ' E WATERLINE VALVE BOX 1 8. CORNER OF ASPHALT PAVEMENT, N- 2236558.31 030 E =604071.89 05/1313/2020 13 S © SANITARY SEWER MANHOLE °Q PC 9. RADIUS RETURN N =2236597.26 E= 603963.22 ."" PC 10. MATCH EXISTING PAVEMENT, VERIFY DIMENSIONS TO 1.3 STORM DRAIN CATCH BASIN .m . CURB RETURN ON WEST SIDE N =2237142.14 FOR CONSTRUCTION EA.603955.05 Cl., 2 a 6 E. P ••-- so tD>• s - c a+c 18.40 1 1 I • 4 - - 18.60 1 /;'¢ CONCRETE : . ' 'Ili / 0_ ©: : ? 1 w 4 ' 13.45 i , 13 ' . ' . _ • V . � . • \ \. - : 18.15 ui � « N: { t 18.45 35' _:V V tl- ( - 18.40 - - _ 18.40 18.40 ¢ii .r IV :k. .18.70 �� 1830. • • M . 18.70 • . fk." 18_ 0 . . 0 • • _ 4l :18.55 18.40 . 1) _ . V( : . . k- . — I PP 50' N: 17.84 78.30` �, 18.40/ 18.40/ 18.40/ • i 1 , 4, 1 I 9P — — � 440 175 O eaims —• . : • - -K .: ..:17. :. • 50' -- --: . :. `I : / • - :\ :: .. 7.03 -\ 24' a i k'I O 16.5 - - _ `_ _ 4 l _ _ �_ - — __ -_ — — — —_ _- _ - -- - - - -- -- - - - -- - -- c7 9 ,AL ! PLAN VIEW —SOUTH END PLAN VIEW —NORTH END a ° v m v, W F 9 1 4 5 1 O SHEET KEYNOTES ECFND ' - 8 2 INCH THICK ASPHALT PAVEMENT !,,-Z.--)im-- 8 Q . O 7 Po 1. CUT AND MATCH EXISTING PAVEMENT AT END OF CURB • 4 INCH THICK ASPHALT PAVEMENT O CD 5 RETURN £ GRAPHK. SCALE N 2. MATCH ELEVATION OF EXISTING CONCRETE 20 0 10 20 40 A 3. GRADE BREAK, ELEV. =,8.45 ALONG ENTIRE LENGTH OF - CONTOUR ELEVATION FINISHED GRADE .4 UNE SHOWN (APPROXIMATELY 35' LONG) ON FEET) 4. GRADES ON SOUTH SIDE OF 805160OMS BUILDING ARE a GRADING (PERCENT) AND DIRECTION OF SLOPE LESS THAN 1Z, TAKE CARE TO ENSURE NO BIRD BATHS ARE BUILT INTO PAVING THAT COULD RESULT IN XX.XX FINISH GRADE ELEVATION TT STANDING WATER /---- —__ -tir GRADE BREAK =03096.000 8 05/13/2013 MOM PC ..""" PC �RBG FOR CONSTRUCTION �, 2 3 of 6 I I i — -- — — : ` ' i, - 0 SHEET KEYNOTES 0PL t 1 '' IT 7 l " - r1 : l it 1 — I 1. P C L O G AND REPLACE TO ORIGINAL POSITION AFTER 1 �' `,_ „11, I. Y! ■ 2. WATER VALVE, ADJUST TO r BELOW FINISH GRADE 1%Ess0 I f 7 ADDFDVE . IADDMVE ,- I , Ir i ^ V 3. MANHOLE CASTING AND COVER, ADJUST TO }' BELOW Z i 4 . 4. ALT 2 .. `' . .) ALT. 2 >i ■ FINISH GRADE I y — us ucrturc IkDG I } l `= — 4. VERIFY VALVE 900 I5 OUT OF PAVEMENT, IF IN !II i i - �` ` -- — PAVEMENT ADJUST TO }- BELOW FINISH GRADE 7 9 7 — 1 R. i 1 , . � A � �. CUVC REIE. � �� ... 1 , I ( _ ' �.•. _ ADDfTNE ALTERNATE 1: 7.... ve. © i :: 10,100 SQUARE FEET, 2" THICK ASPHALT PAVEMENT i : ADDITIYE gLTERNATE ,3: ©. . . ADDITIVE ALTERNATE 2 DRIVEWAYS): SQUARE • I I ' Ic _ Q- g'y FEET. � 2 INCHES THICK ASPHALT PAVEMENT .{ \ FEET. ' {. . v I. G S ~ '. �s s ��5 — ADDITNF ALTERNATE S: I I I - - - Q. 98 v 21.350 SQUARE FEET. 2 INCHES THICK ASPHALT I / � I : — _ — W — WATERLINE s../ { , � � s � ' " � - ! - 5 SEWER LINE '. • f '' ; �s 5 ----'. 5. y .s - — ` .5 1 g WATERUNE VALVE 80x 1 ' Ii I :: ) .. I ® SANITARY SEWER MANHOLE O H \ :' / C'3 , , I I,�° \I © S '' . \ Z w f i l„,..;„,2_.___ i i: : 9 / ADDrt1vE ALTERNATE 11 z � - g h Al } u \ , t 1 � ' `r � ,. ,:� _ _ - _�" 111 - °e Q' Z z , ' ® 20 0 10 20 40 GRAPHIC SCALE O a. a. l 11 W •� \ '/ \ N in 1 ■ -- ON FEET) g SITE PLAN— ADDITIVE ALTERNATES a - - 03096.000 05/13/2013 m. PC -- PC .....R00 FOR CONSTRUCTION c.T "` 4 OF 6 • 0 SHEET KEYNOTES 3, 1_ — - — 1. MATCH ELEVATION OF ASPHALT T PAVING TO THE NOR : V - .?�A!As V. I I 01140. 2. MATCH ELEVATION OF EXISTING SURFACE + © I ' - 3. SWALE AS NECESSARY TO ENSURE WATER RUNS AWAY FROM JP�`�5. j \ . I © _ . _. DRNNAGTE SLAB r ��� _ 4. DRAINAGE SCALE ELEV.= 16.40 !I _ 0 ° I 5. DRAINAGE SWALE ELEV.= 18.15 - t a 6. DRAINAGE SWALE ELEV.= 15.90 s L 4 � pP>���' S O.). �{ 0 i 7. GRADE BREAK, ELEVATION OF GRADE BREAK ACROSS THE 5 ga AD[7fTIVE !ADDITIVE EN�NSUR WATER DRAINS AWAY FROE4 SLAB R CONCRETE 5LA8 A T A � 8 � >< GRADE OF 18 OR GREATER ALT: -2 > 25' ° I ALT. 2 o - ° 8. END DRIVEWAY IN LINE WITH EAST FACE OF US MILITARY BUILDING ..c____ VAR ° US MILITARY BLDG I 9. END NORTH DRIVEWAY AT EXISTING WOOD BOLLARD ON NORTH o SIDE { ![. g 6 O ° f 4 171 0 1 Tx ` i 18.40 0� FGEND I \ 1 21' —+-I 1 . NEW ASPHALT PAVEMENT L GRADING PLAN— ADDITIVE ALTERNATE 2 xx CONTOUR ELEVATION FINISHED GRADE V! I GRADING (PERCENT) AND DIRECTION OF SLOPE r —, ' ION - XX.XX FINISH GRADE ELEVATION 2 . + -__ tip . p - GRADE BREAK 8 1n i<) . - . - . -T DRAINAGE SWALE s - o EXISTING BOLLARD N Ad • _ Z W co ADDITIVE ALTERNATE 1 . . § a CC . . . r Z� a • ID J 4/ I , �/ . ✓ n 0 A 1 © 1 — �_Z' N a — f (D 8 3.5' I / , eLLC ° x GRAPHIC SCALE 10 20 • , ' v /„ (IN FEET) g . J a I 1 • \ % _ ^"m = 03096 000 o' % o % A= 05/13/2013 `& °1 ° I O ° PC I ' . / //// -- / °r. PC ' . . / FOR CONSTRUCTION xi RBG C2.2 GRADING PLAN — ADDITIVE ALTERNATE 1. 5 or 6 0 I H� o AL I . L O SHEET KEYNOTES ° I ALTERNATIVE 2 I ° US MILITARY BLDG ° ALTENA E 2 1. MATCH FINISH ELEVATION OF ASPHALT PAVING WITH PAVING vj • _ �° ° 1 __ TO THE NORTH (BASE BID) n ° J 2. PATCH ELEVATION OF EXISTING CONCRETE 0 ° -� 3. GRADE BREAK FINISH ELEV.= 18.40 � %R%F516�; ��.( ^5 )' 18.40 I 4. GRASS AREAS R o v • ° / O 5 HATCH TO DRIVEWAY(S) PAVING (ADDITIVE ALT 2) § Z s - a--. - - - • 1 _ O g 6. MATCH EAST SIDE PARKING LOT PAVING (ADDITIVE ALT 1) `.3+.!1 • r� ms . : - i 1 • 1 5 /S+r. J 0 - _ L/.\ • . e1 .5.,,'" . LEGIIlQ $; a d ,� ' NEW ASPHALT PAVEMENT • y.43 • I�� ° 0 . • .1 -� GRADING (PERCENT) AND DIRECTION OF SLOPE .°inm. I � -CA tie— FINISH GRADE ELEVATION 20' /- V!% `} GRADE BREAK " - %X CONTOUR ELEVATION FINISHED GRADE J1 Io, o S. 35' k I ,� ADDITIVE ALTERNATE. 3 . . . ,P. . . r.: : 18.00 n 18.00 - 5 Z $S H z , I : • : - / . ° ma y _ 2 5 Z ' > cl* g ::. \ 1 1� : r : • g Q F • • 17.75_ o . • �. . . _sj' : : " 17.75— . D a lb A O a s W _ - - DSO �l'Z� J 0 LL Z g � ' L " 1 25' !Si 0 N g ` " GRAPHIC SCALE V' I � <� . : 17.50 ' 0 0 5 10 20 S - - / - 17.50- ON FEET) d 17.38 .. o 5/13 / oo os /13/zo13 PC ADDITIVE ALTERNATIVE 1 i I ° ®.°BG imm GRADING PLAN— ADDITIVE ALTERNATE 3 FOR CONSTRUCTION c23 "` 6 0, 6 CITY OF SEWARD, ALASKA CONSTRUCTION CONTRACT Z Float Uplands Paving Project PROJECT NAME This 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. North Star Paving & Construction, Inc. Company Name 35743 Kenai Spur Hwv. Suite A Soldotna, AK 99669 Company Address (Street or PO Box, City, State, Zip) a /an ❑ Individual ❑Partnership EJoint Venture ❑Sole Proprietorship Corporation incorporated under the laws of the State of Alaska, 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 Hundred Fourteen Thousand and 00/100 ($214,000.00) for the project. The Contractor further covenants and agrees that all materials shall be furnished and delivered and all work and labor shall be done and performed, in every respect, to the satisfaction of the City, on or before: October 15 2013. It is expressly understood and City of Seward Construction Contract Page 1 of 3 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 five hundred dollars ($500.00) 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 $214,000.00 Payment Bond and Performance Bond, to secure the proper compliance with the terms and provisions of this Contract, are submitted herewith and made a part hereof. The Contractor further covenants and agrees that the entire construction will be done under the administration of and to the complete satisfaction of the City subject to the inspection at all times and approval by any regulatory agency of the Local, State, or Federal Government of the United States of America, and in accordance with the laws of the State of Alaska and the City of Seward. The CONTRACTOR shall indemnify, save harmless, and defend the CITY and its agents and its employees from any and all claims or actions for injuries or damages sustained by any person or property arising directly or indirectly from the construction or the CONTRACTOR's performance of this Contract; however, this provision has no effect if, but only if, the sole proximate cause of the injury or damage is the CITY's gross negligence. For purposes of this Contract, Contracting Officer means Norm Regis 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 Special Conditions, and the following listed documents: (1) Bid Documents Z Float Uplands Paving Project Bid documents dated June 19, 2013 City of Seward Construction Contract Page 2 of 3 including 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 North Star Paving & Construction, Inc. dt.,40 Signet f Authorized Company Representative Carey Foster, President Typed Name and Title 6/20/2013 Date CITY OF SEWARD Jim Hunt, City Manager Date ATTEST Johanna Kinney, CMG, City Clerk City of Seward Construction Contract Page 3 of 3 l ye ; -�. -� i € -,., ;. ,, City of Seward Business License ' „ v � r emu, PO BOX 167, Seward, AK 99664 `I No.3725 THIS LICENSE MUST BE POSTED IN A CONSPICUOUS PLACE AT THE LOCATION. , i” ) THIS LICENSE IS NOT TRANSFERABLE OR ASSIGNABLE. BUSINESS TYPE: CONSTRUCTION ISSUED:04 -19 -2013 LICENSEE: NORTH STAR PAVING & CONSTRUCTION, INC. EXPIRES:12 -31 -2013 35743 KENAI SPUR HWY. STE. A li SOLDOTNA, AK, 99669 CITY CLERK • r I l' = v ISSUED BY: - y L A I 11111111111111■ ,,,,,,._As, ,,,,, _,::., 5÷ Li. il 1 Alaska Business license # 289137 Alaska Department of Commerce, Community, and Economic Development t Division of Corporations, Business and Professional Licensing is P.O. Box 110806, Juneau, Alaska 99811 -0806 This is to certify that i; NORTH STAR PAVING & CONSTRUCTION INC 35743 KENAI SPUR HWY STE A SOLDOTNA AK 99669 owned by NORTH STAR PAVING & CONSTRUCTION, INC. is licensed by the department to conduct business for the period October 26, 2012 through December 31, 2014 for the following line of business: 23 - Construction 4 e 4 This license shall not be taken as permission to do business in the state without til . ' t having compiled with the other requirements of the laws of the State or of the United States. r This license must be posted in a conspicuous place at the business location. -�� ti ft is not transferable or assignable. Susan K Bell "'4 Commissioner 11,At: iS 711 at 1 No. 28673 STATE OF ALASKA Effective. 12ro5/2012 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 NORTH STAR PAVING & CONSTRUCTION INC Is A Registered General Contractor without Residential Contractor Endorsement Commissioner: Susan K. Bell Wallet-Gard- Per 12 AAC 02.900 Licensee shall maintain a current mailing No. State Of Alaska o. 28673 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 NORTH STAR PAVING & CONSTRUCTION INC to a specialty contractor, a new application is required. Is A Registered 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 12/05/2012 Expiration Date of Birth 1231r2014 change requires a new application. Please note: all General Contractor licenses expire on December 31 of even - numbered years regardless of the issue §iettnittUtt date. Website: www. commerce .state.ak.us /occ/pcon.htm NO3 69966 fib VNIOCI1OS 'i 'a15 'AMH CfLSC 3M NOI1Cf1hl1SNOC'8 ONIAVd HalON Bond No 929574455 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that (Name of Company) North Star Paving & Construction, Inc. (Name of Corporation) an Alaskan • hereinafter called Principal and Western Surety Company (Name of Surety) hereinafter called Surety, are held and firmly bound unto City of Seward (Name of Grantor) 410 Adams Street, Seward, AK 99664 (Address of Grantor) hereinafter called Owner, in the penal sum of Two Hundred Pourteen Thousand and No /100 Dollars, S( 214,000.00 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of NI Or i ) 2013, a copy of which is hereto attached and made a part hereof for the procurement of: Z Float Uplands Paving, Seward Small Boat Harbor, Seward, Alaska NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs an machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. Performance Bond Page 1 of 2 • 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 WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any way 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 light of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in Tw �) counterparts, each (Numbers) one of which shall be deemed an original, this the 9-D day of ,...\ohe..) ,2013. North Star Paving & Construction, Inc. Principal ATTESI / , ( WM By & /.LJ . if. IL A A rinci 1 's ecretary) IP (SEAL) "itt _ 35743 Konal Spur Hwy, Suite A (Witness as to Principal) (Address) 35743 Kenai Spur Hwy, Suite A Soldotna, AK 99669 (Address) Soldotna, AK 99669 Western Surety Company Surety ATTEST: (Surety's Secretary) (SE 2 �I l � / 117 e fitness as to Surety) Attorney in Fact Theresa A. Lamb 12100 NE 195th St., Suite 200 _ 12100 NE 195th St., Suite 200 (Address) (Address) Bothell, WA 98011 Bothell, WA 98011 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current l i st (Circular 570, as amended) and be authorized to transact business in the state where the PROJECT is located. Performance Bond Page 2 of 2 Bond No. 929574455 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that (Name of Company) North Star Paving & Construction, Inc. (Name of Corporation) a n Alaskan , hereinafter called Principal and Western Surety Company (Name of Surety) hereinafter called Surety, are held and firmly bound unto City of Seward (Name of Grantor) 410 Adams Street, Seward, AK 99664 (Address of Grantor) hereinafter called Owner, in the penal sum of Two Hundred Fourteen Thousand and No /100 Dollars, $( 214,000.00 ) in lawful money of the United States, for the payment of which sum well and truly to he made, we bind ourselves, successors, and assigns, jointly and severalty, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the 2O }i ` day of U3/4-1f J 2013, a copy of which is hereto attached and made a part hereof for the procurement of: Z Float Uplands Paving, Seward Small Boat Harbor, Seward, Alaska NOW, THEREFORE, if the Principal shall promptly make payment to all persons. firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, 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 WORK to be Payment Bond Page 1 of 2 performed thereunder or the SPECIFICATIONS accompanying the same shall in any way 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 TWo ( counterparts, each (Numbers) one of which shall be deemed an original, this the 99 day of ,2013. North Star Paving & Construction, Inc. Principal ATTEST' Ade By , (P "ncipa s S cretary) (SEAL) y( / 35743 Kenai Spur Hwy, Suite A Soldotna, AK 98669 (Witness as to Principal) (Address) 35743 Kenai Spur Hwy, Suite A (Address) Soldotna, AK 99669 Western Surety Company Surety ATTEST: (Surety's Secretary) (SEA By ��. .�.�� ess as to Surety) Attorney in Fact Theresa A. Lamb 12100 NE 195th St., Suite 200 12100 NE 195th St., Suite 200 (Address) (Address) Bothell, WA 98011 Bothell, WA 98041 -3018 NOTE: Date of BOND must not be prior to date of Contract. if CONTRACTOR is Partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact busi ness in the state where the PROJECT is located. Payment Bond Page 2 of 2 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL. ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Michael A Murphy, Darlene Jakielski, Julie M Glover, Steven K Bush, M J Cotton, S M Scott, Nancy J Osborne, Theresa A Lamb, Jim W Doyle, Andy D Prill, Jim S Kuich, Brandon K Bush, Chad M Epple, Brett N Meier, Ellen M Bell, Individually of Bothell, WA, its true and lawful Attorney(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed, This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 23rd day of March, 2012. N NIINW„� WESTERN SURETY COMPANY �.•'"""• „ ,mac �fp V 'P Opg T � 4 `4 fA +�� / II `uu, m Paul . Bruflat, Senior Vice President State of South Dakota ss County of Minnehaha On this 23rd day of March, 2012, before me personally came Paul T. Bruflat, to nie known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires • Fy 'o+45hFyi-'..,gygpNSb�Y6..44.4 {� s D. KNELL s November 30, 2012 i NO PUBLIC s XiLe4 I SOUTH TARY QAKOTA s 1.44444444441/2404444444h44 + D, Krell, No ary Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force, In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this day of , . a °�4 �,r • °„•• � o o. WESTERN SURETY COMPANY I V t V IV • Farm F4280 L. Nelson, Assistant Secretary KENAI PENINSULA BOROUGH 144 N BINKLEY • SOLDOTNA, ALASKA • 99669 -7599 (907) 262 -4441 TAX COMPLIANCE CERTIFICATION SUBMIT TO KPB FINANCE DEPARTMENT Reason for Certificate: Seward Z Float Uplands Paving Project For (Dept): City of Seward Date Rcc'd by Finance: Business Naine: North Star Paving & Construction, Inc. a. Individual Owner Nanie(s): Jack & Carey Foster b. Corporation X , c. Partnership Business Mailing Address: 35743 Kenai Spur Hwy. #A, Soldotna, Alaska 99669 Telephone: (907) 262 -9139 Fax: (907) 262 -1428 As a business or individual have you ever conducted business or owned real or personal property. within the Kenai Peninsula Borough X vcs no (If ycs, please supply the following account numbers or sign below. If no, please sign below,) Kenai Peninsula Borough Code of Ordinances, Chapter 5.28.140, requires that businesses or individuals contracting to do business with the Kenai Peninsula Borough be in compliance with Borough tax provisions. No contract wi ll be awarded to any individual orbusiness who is found to be in violation of the Borough Code of Ordinances in the several areas of taxation. TAX ACCOUNTS /STATUS SALES TAX ACCOUNTS (To be completed by Borough Personnel) Number Accotuit Name Filed Thru M/F's Balance Due IN COMPLIANCE 030847 NSPCI Yes_ No 031961 NSP Yes No Yes No Yes No PERSONAL PROPLRTIA3USINL•SS PROPERTY ACCOUNTS Number Account Name Year Last Paid Balance Due IN COMPLIANCE 47127 NSPCI Yes No 05704453 NSPCI Yes_ _ No 04937136 NSPCI Yes No_ 05754094 NSPCI Yes REA!. PROPERTY ACCOU: Nis Number Account Name Year Last Paid Balance Due IN COMPLIANCE 94366 NSPCI Yes No__ Ycs No Ycs No // /�, Yes No�_ t' S sb,o , the President hereby certify that to the best of my knowledge. thefOove information is correct 6/21/2013 (Date). (TO BE COMPLETED BY BOROUGH PERSONNEL) I hereby certify to the best of my knowledge the above business is: A. In Compliance with all Borough tax provisions. B. Not in Compliance with all Borough tax provisions. Date: Kenai Peninsula Borough Finance Department (Signature Required) --"""'y NORTH -9 OP ID: RR AC-COREY � CERTIFICATE OF LIABILITY INSURANCE DATE 06 /26 DIWYY) 06/25/13 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 policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 425 - 489 -4500 CONTACT NAME: Hub Northwest - Alaska 4 25.485 - 8489 PHONE PO Box 3018 =N Do; I FAX (AIC, No): Bothell, WA 98041 -3018 E-MAIL Nancy Osborne ADDRESS: INSURER(S) AFFORDING COVERAGE NAIL # INSURER A : Alaska National Insurance Co. 38733 INSURED North Star Paving & Const Inc. INSURER S ; Great American insurance Co 154 35743 Kenai Spur Hwy, Ste A Soldotna, AK 99669 INSURER C : INSURER 0 : INSURER E : _ INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS 1S 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 TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. UMUTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE , ", ,�. , POLICY NUMBER MM / � DO/ MM /Db LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X 13ELS53821 05/01/13 05/01/14 Ci:€9` ; ,� , a 100,000 CLAIMS -MADE X j OCCUR MED EXP (Any one person) s 5,000 PERSONAL & ADV INJURY $ 1,000,000 — GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 POLICY X PRO- LOC $ AUTOMOBILE LIABILITY T -„ [ 7 1,000,000 A X ANY AUTO X 13EA553821 05/01/13 05/01/14 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS HIRED AUTOS AUTOS AUTOS ED Per accident $ $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 B EXCESS LIAB CLAIMS -MADE TUUO20429402 0 5/01/13 05/01/14 AGGREGATE $ 5,000,000 OED X RETENTION$ 10000 $ WORKERS COMPENSATION © ■1A AND EMPLOYERS' LIABILITY A ANY PROPRIETOR /PARTNER/EXECUTIVE /N ' N 13EWS53821 05/01/13 05/01/14 E,L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A TO ADD INSURED E.L. DISEASE - EA EMPLOYE= $ 1,000,000 (Mandatory In NH) DESCRIPTION OF O _ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, it more space is required) ADDITIONAL INSURED (GL(AUTO) AS REQUIRED BY WRITTEN CONTRACT: CITY OF SEWARD. SEE ATTACHED ENDORSEMENT. RE: Z FLOAT UPLANDS PAVING PROJECT. CERTIFICATE HOLDER CANCELLATION CITYOFS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF SEWARD ACCORDANCE WITH THE POLICY PROVISIONS. PO BOX 167 SEWARD, AK 99664 AUTHORIZED REPRESENTATIVE (0/44 4j © 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and Togo are registered marks of ACORD 65- Alaska National INSURANCE COMPANY ADDITIONAL INSURED (CONTRACTORS) - AUTOMATIC STATUS WHEN REQUIRED iN CONSTRUCTION AGREEMENT WITH YOU THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1, Who is An Insured (Section II) is amended to ii. supervisory, inspection, or engineering include as an insured any person or organization services. (herein referred to as an additional insured), but only if you are required to add that person or c. The Insurance provided to the additional organization as an insured to this policy by a insured, referred to in paragraph 1. of this written contract that is in effect prior to the 'bodily endorsement, does not cover "bodily injury" or injury", "property damage ", or "personal and "property damage" caused by your negligent advertising injury", acts and omissions in the performance of "your work" that occurs within the "produots- 2. The insurance provided to the additional insured completed operations hazard," unless the is limited as follows: written contract, referred to in paragraph 1. of this endorsement, contains a specific a. That person or organization is only an requirement that you procure completed additional insured if, and only to the extent operations coverage or coverage within the that, the Injury or damage is caused by "products- completed operations hazard" for negligent acts or omissions of you or your the additional insured. However, even if subcontractor in the performance of "your coverage within the "products- completed work" to which the written contract applies. operations hazard" is required by the written The person or organization does not qualify contract, such coverage is available to the as an additional insured with respect to injury additional insured only if the "bodily injury' or or damage caused in whole or in part by "property damage" occurs prior to the end of independent negligent acts or omissions of the time period during which you are required such person or organization. by the written contract to provide such coverage or the expiration date of the policy, b. The insurance provided to the additional whichever comes first. insured does not apply to "bodily Injury", "property damage ", or "personal and 3, if other valid and collectible Insurance, whether on advertising injury" arising out of an architect's, a primary, excess, contingent or any other basis, engineer's, or surveyor's rendering of or is available to the additional insured for a loss we failure to render any professional services cover under this endorsement, then the insurance including: provided by this endorsement is excess over that other insurance. However, the Insurance provided I, the preparing, approving, or failing to by this endorsement will be primary to other prepare or approve maps, drawings, insurance on which the additional insured is a opinions, reports, surveys, change orders, named Insured for the covered loss, if the written design or specifications; and contract, referred to in paragraph 1. of this ANIC GL 1081 03 08 All Does Copy Page 1 of 2 AIP Alaska National tat Ar INSURANCE COMPANY endorsement, contains a specific requirement that this insurance be primary or primary and non- contributory. In that case we will not share with that other insurance on a pro -rata or other basis. If the other insurance available to the additional insured, whether on a primary, excess, contingent or any other basis, Is coverage for which it has been named as an additional Insured, then the coverage provided by this endorsement is excess over that other insurance. This endorsement changes the policy to which It Is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below Is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective Policy No. Insured Endorsement No. 16 Countersigned By ANIC GL 1061 03 08 All Docs Copy Page 2 of 2 6-1 CITY OF SEWARD ` Harbor Department P. 0. Box 167 ' {�"°`',':'�"y�; 907.224.3I38 907.224.7187 fax 410 Adams Street # • a } harbormaster@cityofseward.net Seward, Alaska 99664 June 26, 2013 Ms. Carey Foster, President North Star Paving & Construction, Inc. 35743 Kenai Spur Hwy, Suite A Soldotna, AK 99669 Z Float Uplands Paving Project Dear Ms. Foster, After first checking with our insurance risk manager, the General Conditions of the Construction Contract for Z Float Uplands Paving project are hereby amended on pages 20 and 21(attached): 1. $5,000,000 will be the aggregate limit required for liability insurance 2. The Builder's Risk Insurance will not be required We understand that the required Contract Documents, will be submitted to us on June 27, 2013. It now appears that the award of the contract will be considered by the City Council at their meeting on July 22, 3013. If you have questions, please don't hesitate contacting me at 907.224.4352 or through email to nregis @cityofseward.net. Sincerely, Norm • = :xs Contracting Officer LIS b. Comprehensive or Commercial General Liability Insurance: Such insurance shall cover all operations by or on behalf of the CONTRACTOR and provide insurance for bodily injury and property damage liability including coverage for: premises and operations; products and completed operations; contractual liability insuring obligations assumed under paragraph 5.5, Indemnification; broad form property damage; and personal injury liability. The minimum limits of liability shall be: 1. The CONTRACTOR shall carry Comprehensive General Liability policy, the limits of liability shall not be less than a Combined Single Limit for bodily injury, property damage and Personal Injury Liability of: $2,000,000 each occurrence $10,000,000 aggregate 2. The CONTRACTOR shall carry Commercial General Liability policy, the limits of liability shall not be less than: $1,000,000 each occurrence (Combined Single Limit for bodily injury and l 3 property damage) ' -2 $2,000,000 for Personal Injury Liability 4.5; cog. c ' 60.E :$10,000,000• aggregate for Products - Completed Operations ea.c-i^.. Irite00,000- general aggregate 7Y14' � The City of Seward shall be named as an "Additional Insured" under all liability b/24.) coverages listed above. c. Automobile Liability Insurance: Such insurance shall cover all owned, hired and non -owned vehicles and provide coverage not less than that of the Business Automobile Policy in limits not less than the following: $1,000,000 each occurrence (Combined Single Limit for bodily injury and property damage.) u rise/ l3r • . ~:: - + • be on an "All Risk" completed value basis including "• uak- . • • ::. and protect the interes • - the C. ► r.• : : an. its Subcontractors. Coverage shall includ - - '. , upp ies an. eq - • e intended for specific • • • •n in the Project while such materials, supplies and equipment are oc. 20 • - site and in transit from port of arrival to job site and while temporaril . away from t e = • • : • e. In addition to providing the : • : averages, a - = • w : _ CTOR shall ensure that Subcontracts w : • e insurance coverages as noted in clauses a, +, : • of this • • ragraph. e. Other Coverages: As specified in the Supplementary Conditions. 5.4.3 Evidence, consisting of a certificate of insurance or the policy declaration page with required endorsements attached thereto -- all of which have been executed by the insurer's representative and issued to the CITY, shall denote the type, amount, class of operations covered, effective (and retroactive) dates, and dates of expiration of policies. Evidence pertaining to Worker's Compensation, General Liability, or Automobile Liability is required for Awards. All other coverages shall be evidenced prior to commencement of Work. Acceptance by the CITY of deficient evidence does not constitute a waiver of Contract requirements as provided for by the Conditions of the Contract. If a certificate is submitted as evidence it shall contain the following statement: "This is to certify that the policies described hereto comply with all aspects of the insurance requirements of (Contract Name and Number and Project Number)." 5.5 Indemnification: The CONTRACTOR shall indemnify, save harmless, and defend the CITY and its agents and its employees from any and all claims or actions for injuries or damages sustained by any person or property arising directly or indirectly from the construction or the CONTRACTOR's performance of this Contract; however, this provision has no effect if, but only if, the sole proximate cause of the injury or damage is the CITY's gross negligence. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6. 1 Supervision of Work: The CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and apply such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. All Work under this Contract shall be performed in a skillful and workmanlike manner. The CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. 6.2 Superintendence by CONTRACTOR: The CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent. The Contracting Officer shall be advised in writing of the superintendent's 21 i D Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2013 -055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A DESIGN BUILD CONTRACT WITH HARMON CONSTRUCTION FOR HARBOR RESTROOMS IMPROVEMENTS IN THE AMOUNT OF $105,000 WHEREAS, the City of Seward received a legislative grant in the amount of $130,000 for Harbor Restrooms Improvements; and WHEREAS, the City of Seward solicited proposals for Harbor Restrooms Improvements; and WHEREAS, Harmon Construction submitted a design build proposal for Harbor Restrooms Improvements; and WHEREAS, the City Council previously appropriated the funds from the grant on August 23, 2012; and WHEREAS, a standard form contract has been submitted to the city in the amount of $105,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is authorized to enter into a design build contract with Harmon Construction for the Harbor Restrooms Improvements in the amount of $105,000. Section 2. An additional amount not to exceed $10,500 is available as a project contingency, at the City Manager's sole discretion, upon written advance authorization, from within the available grant funding, in account number 314 - 3140 -5690. Section 3. This resolution shall take effect immediately. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this Stn day of July, 2013. 1\ CITY OF SEWARD, ALASKA RESOLUTION 2013 -055 THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou Acting City Clerk (City Seal) Council Agenda Statement e � ov S F � 9 Meeting Date: July 8, 2013 0 �I� Through: City Manager Jim Hunt q P LAS0 From: Harbormaster Mack Funk Agenda Item: Authorize the City Manager to enter into a design build contract with Harmon Construction for Harbor Restrooms Improvements in the amount of $105,000. BACKGROUND & JUSTIFICATION: The City received a legislative grant from the state in the amount of $130,000 for the purpose of updating the harbor restrooms. These facilities include showers and they are extensively used by all harbor users including cruise ship passengers and the harbor staff. They were originally constructed in the mid- 1960's and then remodeled in approximately 1983. In February 2013, architect and engineer consultants were sought to design the new improvements. Through a Request for Proposals (RFP) process ten firms received the RFP, but none submitted a proposal. On May 17, 2013, in accordance with City Code, an RFP was advertised for design build services. Representatives from six construction contractors participated in a mandatory pre -bid meeting on May 29, and this time one bid from Harmon Construction was submitted. That proposal was evaluated by three city staff and the proposal meets the City's needs. The work will include a survey for asbestos and lead paint. The project will be constructed to meet Americans with Disabilities Act requirements. First a design will be submitted for review and consideration by the City and the actual construction will occur between September 15 and December 31, 2013. INTENT: Authorize the City Manager to enter into a design build contract with Harmon Construction for Harbor Restrooms Improvements in the amount of $105,000. CONSISTENCY CHECKLIST: Yes No N/A 1 Comprehensive Plan (document source here): Continue to add public X amenities and improve the look of the harbor area. Page 24 2 Strategic Plan (document source here): Complete the renovation of the X Small Boat Harbor. Page 7 3. Other (list): FISCAL NOTE: The contract amount is $105,000. On August 23, 2012 the City Council voted to accept the grant and the funds $130,000 were appropriated to infrastructure account 314 - 3140 -5925. The difference between the contract and the grant will also allow the establishment of a contingency account. Approved by Finance Department: Jeti- ATTORNEY REVIEW: Yes No X RECOMMENDATION: w7GIb -1 0 -- o55 Authorize the City Manager to enter into a design build contract with Harmon Construction for Harbor Restrooms Improvements in the amount of $105,000. CITY OF SEWARD, ALASKA Harbor Restrooms Improvements 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 Harmon Construction Inc. Company Name 802.5 Port Ave. PO Box 1650 Seward, AK 99664 Company Address (Street or PO Box, City, State, Zip) a/an ❑ Individual ❑Partnership ❑Joint Venture ESole Proprietorship Corporation incorporated under the laws of the State of Alaska, its successors and assigns, hereiA 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 One hundred five thousand and 00/100 dollars ($105,000.00) for all Base Bid 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 December 31, 2013. 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 hundred fifty dollars ($150.00) 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 $105,000.00 Payment and Performance Bond, to secure the proper compliance with the terms and provisions of this Contract, are submitted herewith and made a part hereof. The Contractor further covenants and agrees that the entire construction will be done under the administration of and to the complete satisfaction of the City subject to the inspection at all times and approval by any regulatory agency of the Local, State, or Federal Government of the United States of America, and in accordance with the laws of the State of Alaska and the City of Seward. For purposes of this Contract, Contracting Officer means 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 Conditions of the Construction Contract, and include but are not limited to this Contract, the Conditions of the Construction Contract, and the following listed documents: (1) The Request for Proposals dated May 17, 2013; and Proposal dated June 11, 2013 (2) Resolution 2013 - IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and conditions. CONTRACTOR Harmon Construction, Inc. Comp Name +� �j ��// Gam" 1 l f 3 ignature of Authori ed Company Representative Date L_ ? j 2.1:1% L, _ j4 Y)1&'1 PR F 5 1 Qo r Typed Name and Title CITY OF SEWARD Signature of City Manager Date Jim Hunt Typed Name Johanna Kinney City Clerk (ATTEST) - 1 6 l ® DATE (MMIDDIYYYY) A� R° CERTIFICATE OF LIABILITY INSURANCE 6/24/2013 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 policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). , PRODUCER CONTACT Nancy Harcourt Marsh & McLennan Agency, LLC H O N N .Frtl• (907)276 -5617 I AIC,No): (907) 276 -6292 1031 West 4th Ave., Suite 400 E DMRESS @marsh.com INSURER(S) AFFORDING COVERAGE NAIC N Anchorage AK 99501 INsuRERAAlaska National Insurance Co. INSURED INSURER B : Harmon Construction Inc INSURERC: Po Box 1650 INSURER D: INSURER E : Seward AK 99664 INSURERF: COVERAGES CERTIFICATE NUMBER:12 /13 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 TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MMIDDIYYYY) (MM/DDIYYYY) GENERAL LIABILITY EACH OCCURRENCE $ 1, 000 , 000 X COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ 100,000 A CLAIMS -MADE ^' OCCUR X 12LLS07459 12/31/201212/31 /2013 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2 , 000 , 000 (''"'i PRO- $ POLICY I t LIABILITY LOC COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY (Ea accident) $ 1,000,000 X ANY AUTO BODILY INJURY (Per person) $ A ALL OWNED —' SCHEDULED X 122,1007459 12/31/2012 12/31 /2013 BODILY INJURY (Per accident) $ AUTOS NON -OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) Underinsured motorist $ Included UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED 1 RETENTION$ 1 $ A WORKERS COMPENSATION X 1 TORY 1 I TU I 1OFR AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE I / I E.L. EACH ACCIDENT $ 1,000,000 N 1 A (Mandatory In NH) ER EXCLUDED? I 12LWS07459 12/31/2012 12/31/2013 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory In It yes, describe under DESCRIPTION OF OPERATIONS below El. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule,11 more space Is required) Re: Harbor Restrooms Improvements Where required by contract, Certificate Holder is added as Additional Insured with regard to General Liability & Auto Liability, subject to the terms, conditions & limitations of said policies and the Additional Insured endorsements. CERTIFICATE HOLDER CANCELLATION harbormaster@ cityofseward. 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 Harbor Department AUTHORIZED REPRESENTATIVE PO Box 1650 802.5 Port Avenue Seward, AK 99664 S -! - O ' Susan Spindler /NHARCO ACORD 25 (2010105) © 1988-2010 ACORD CORPORATION. All rights reserved. IN SO 25 /cm nnw) m MA Annan Homo and Innn aro, rnnictororl marIc of Ar r lain 1 1 copy PERFORMANCE BOND Bond No. 023025305 KNOW ALL MEN BY THESE PRESENTS: that Harmon Construction, Inc. (Name of Company) PO Box 1650, Seward, AK 99664 (Address of Company) a Corporation , hereinafter called Principal and The Ohio Casualty Insurance Company (Name of Surety) hereinafter called Surety, are held and firmly bound unto City of Seward (Name of Grantor) P.O. Box 167. 410 Adams Street, Seward. AK 99664 (Address of Grantor) hereinafter called Owner, in the penal sum of One Hundred Five Thousand and 00 /100 Dollars, $( 105.000.00 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of 2013, a copy of which is hereto attached and made a part hereof for the procurement of: Harbor Restrooms Improvements, Seward, AK NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. Performance Bond Page 1 of 2 0 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 WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any way 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 One (1) counterparts, each (Numbers) one of which shall be deemed an original, this the day of ,2013. Harmon Construction, Inc. Principal ATTEST: B. .._ (Principal's Secretary) (SEAL) it • • PO Box 1650 (Witness as to Principal) (Address) Pn Rox 1660 Seward, AK 99664 (Address) Seward, AK 99664 The Ohio Casualty Insiiranco Company Surety ATTEST: (Surety's Secretary) (SEAL) .XS . VP" . h (Witness as to Surety) Kristy M. Konte ey _.T in act 1QI W 4th Avenue. Suite 400 62 Maple Avenue (Address) (Address) Anchorage, AK 99501 Keene, NH 03431 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the state where the PROJECT is located. Performance Bond Page 2 of 2 1°I PAYMENT BOND Bond No. 023025305 KNOW ALL MEN BY THESE PRESENTS: that Harmon Construction, Inc. (Name of Company) PO Box 1660, Seward, AK 99664 (Address of Company) a Corporation , hereinafter called Principal and The Ohio Casualty Insurance Company (Name of Surety) hereinafter called Surety, are held and firmly bound unto City of Seward (Name of Grantor) P.O. Box 167. 410 Adams Street. Seward, AK 99664 (Address of Grantor) hereinafter called Owner, in the penal sum of One Hundred Five Thousand and 00/100 Dollars, $( 105,000.00 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a 2 3 certain contract with the OWNER, dated the day of 2013, a copy of which is hereto attached and made a part hereof for the procurement of: Harbor Restrooms Improvements, Seward, AK NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, 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 WORK to be Payment Bond Page 1 of 2 performed thereunder or the SPECIFICATIONS accompanying the same shall in any way 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 One (1) counterparts, each s (Numbers) 4 f p one of which shall be deemed an original, this the day of ,2013. Harmon Construction, Inc. Principal ATTEST: „_�L_ (Principal's Secretary) (SEAL) �M �c., i ► `�Yl PO Box 1650 (Witness as to Princt� (Address) PO Box 1650 Seward, AK 99664 (Address) Seward, AK 99664 The Ohio Casualty Insurance Company Surety ATTEST: (Surety's Secretary) (SEAL) .04 1a - By ',4�..I f ig AA (Witness as to Surety) Att act risty M. Konte 1031 W 4th Avenue, Suite 400 62 Maple Avenue (Address) (Address) Anchorage, AK 99501 Keene, NH 03431 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the state where the PROJECT is located. Payment Bond Page 2 of 2 3 ` THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT I9 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, 5692811 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 Slate of Indiana (herein collectively called the 'Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Gien Lopez; James K. Brady; Jay A. Miley; Katie Booher; Kelly Michael Layman; Kirk C. Leadbetter; Kristy M. Konte all of the city of ANCHORAGE , state of AK each individually if there be more than one named, its true and lawful attomey -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 obligations, 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 lt day of December , 2012 , American Fire and Casualty Company 13 - — , The Ohio Casualty Insurance Company ta Q. J .,', , 1.. •; ' ' Liberty Mutual Insurance Company a) {:_ West American Insurance Company c _._ _ _ . _ . By: . ,,,fi a,r.. >, la .I Gregory , Davenport, Assistant Secretary c xt c STATE OF WASHINGTON ss R COUNTY OF KING c d = On this 11th day of December , 2012 , before me personally appeared Gregory W. Davenport, who acknow hlmselt to be the Assistant Secretary of American V f o y 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, ,CA — 3 execute the foregoing Instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. c W d > IN WITNESS WHEREOF, i have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written. o C . D iv d = F�be l.G O 'd B vs i Y KD Riley , Nat blic C °3 H c co This Power ofAttorney 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 ai y Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: Y o a; rs L ARTICLE IV - OFFICERS - Section 12. Power of Attorney. Any o or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject p c ' CO w to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, d o c 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 : 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 d C 47 . 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 attomey -in -fact under > - `►- L 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, 0 d . To C ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the C ompany authorized for that purpose in writing by the chairman or the president, c > i 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, 4 Al p " seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys -in -fact subject to the limitations set forth In their C ao 2 v 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 v o executed such instruments shall be as binding as if signed by the president and attested by the secretary. 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 H `- attomeys -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 Compan' - „ at. is in full force and effect and has not been revoked. G ,'*�, ,. wk IN TESTIMONY WHEREOF, f have hereunto set my hand and affixed the seals of said Companies this day of _ , 20 4 1: 1 11/ 7 " , 4 By: David M. Carey; Assistant Secretary •t . <"'y._',,,:, ^' ^. , • ~ . - • LMS 12673 092012 205 ot 250 s D., . . Alaska Business License # 902840 R Alaska Department of Commerce, Community, and Economic Development Division of Corporations. Business and Professional Licens.ny i P 0 Box 110806, Juneau Alaska 99811-0806 This is to certify that f . I HARMON CONSTRUCTION 1 P.O. BOX 1650 SEWARD AK 99664 owned by HARMON CONSTRUCTION, INC. V" is licensed by the department to conduct business for the period . November 02, 2012 through December 31, 2014 for the following line of business: 23 - Construction i i i ti c)t: ! . .ii This license shall not be taken as permission to do business in the state without , ,,,;: +.ti , ` ��,, having complied with the other requirements of the laws of the State or of the United States. / 4 ` This license must be posted in a conspicuous place at the business location. : ` It is not transferable or assignable_ lior„ 1 , * V , + - 0 Susan K. Bell \ e - '- ' `` Commissioner II Efk 34 STATE OF ALASKA Eftectiva: i 1102/2013 Expirrs• 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 HARMON CONSTRUCTION INC Is a Registered General Contractor with Residential Contractor Endorsement Endorsement LAWRENCE HARMON RES 1393 Commissioner: Susan K. 13e11 No. 1393 STATE OF ALASKA Effec(rvc I I %U2 /2U 12 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 LAWRENCE C HARMON . is a holder of this RESIDENTIAL CONTRACTOR ENDORSEMENT Assignment HARMON CONSTRUCTION INC CON 32752 Commissioner: Susan K. i3cll 1;, :— 1 ; :. - ' -' �� C ; F , City o f Seward Business License ;, I, PO BOX 167, Seward, AK 99664 No 1395 .1 THIS LICENSE MUST BE POSTED IN A CONSPICUOUS PLACE AT THE LOCATION THIS LICENSE IS NOT TRANSFERABLE OR ASSIGNABLE . BUSINESS TYPE CONSTRUCTION - GENERAL BUILDING ISSUED 11 - 07 - 2012 LICENSEE. HARMON CONSTRUCTION INC. EXPIRES 12 - 31 - 2013 ;; 60X 1650 n ipo SEWARD, AK, 99664 CITY CLERK '�� ,; ISSUED BY �,,�� h S \ ^ice: JUN-25-2013 TUE 1112 AM KPB Finance Dept. FAX M. 9077142376 P. 02 Jun 21 2013 1:18PM Harmon Construction 2247144 p a Kenai. Petibblagialat ; . ' • ... 14414, WO* 40 sP NE SaltSetna, Matika 900419.7500 INi BUSINIESS: (907) 7144107 or (007) 714.2175 tg FAX; (007) 714-2378 +4... alt r 515,1.P 4 YAX_OOMPLIANce 9ORTILEAT1DN y• 40 PUN ALL POORMATION MEOWED, MON AND DATE, MD SUBMIT MTN BID OR PROPOS . Ramo for c Condition of Award F (m City of Seward • Harbormast z vi t. 0; lA. Owe Rec'd by Finance: W21//t4 Bualnesa Name: 11111 Construclicni Inc. o wner N omo(o ) : Lawrence H an erm :. armon Canahuclion. Inc. a. IndIvIcklal g m Am PO BOX if350,, Seward, AK 90664 b. Coroorallon 3.-- • Telephone: (07)224-7140 z: 1907)224-7144 c. Partnership &ma hatynordSharrnon-constructIon. corn d. other As a busineta or IninriduaL Nava vou ever conducted buainsas or owned reel or personal property within the Kenai Peninsula Borough? Yea X No (If yea. please supply the toloweig account nominal; and Wan below. If no pima sign below.) Kenai Peninsula Borough Code 01 Ciallnancea, Chapter 6.20.140, requires that balmiest's/individuals contracting to do business with Ina Kane! PenIlleCte %orogen be in compliance with borough tax provisions. No contracs will be awarded to any incituldual or business who Is round to be In violation of the Bonruvh Cods of Ordinances In the some emsa of taxation. low ' TAX ACCOMNT8I8TATIS1 APALPFenosistilluAltgaMegneACMilas (TO BE COMPLETED BY BneouGHFIERsONNPL) tipper Amount WIC YEAR LAMY PAM &NANCE DUE 14 %50 , 1) geaJ2WWOLAe4MICAKT1*% 26/7 )21:PP - 71013 .............1.........11 ......"'"...."....""':'" — , , ......ma■oomMa ... 12 q 2, yes FNIPLIANOE 0 (... )k.aditi .7 K. M$ auto bowman Finance Dept (Bignetura Required) Date TAXACCOIMPS/STATUS 2A411 TAX ACCOUNTS (TO DE COMPLETED BY 00RovoI4 PERSONNEL) Number Accou em nt Ns FIL THAL MO BALANCE 01j6 0-A-2.53q ts.kl...ft,s '" II (... Toot erinti TZfYL. — --r , —. — —......... — — ■ )\ p 413 IN COMPLIANCE, YES Gr NO 0 Ka Pert nests pore Sales TeX (IDerelturs Aldred) l Lawrence Harmon , the PresideM , herabyoartify that, bottle b , at my knerrAsnert. the elbewo Dims otAppDostl) (YBIs) Information ig correct es el 6121 . ,,-.../ 4, ..., .......–. "., guts) (Signsisns a Appiesnt • Requ(red) , s, gm toggst i vorortavottosmv Revised 114/11 q5 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2013 -056 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO PURCHASE A USED TRUCK FOR A CASH AMOUNT AFTER TRADE -IN CONSIDERATION OF THE SUBARU FORESTER NOT TO EXCEED $31,000, AND APPROPRIATING FUNDS WHEREAS, the purchase of a used truck is consistent with the City of Seward's policy of keeping the fleet in good mechanical, dependable condition; and WHEREAS, consideration for the safety of city employees is paramount as they travel the Seward Highway and city streets during inclement weather and emergencies; and WHEREAS, the Subaru is often parked during the winter due to its low clearance and poor visibility from within the vehicle; and WHEREAS, the City Manager is the Incident Command Officer for the city and the truck will provide permanent, on -board storage for emergency equipment and supplies and can carry visitors and employees. The truck will be available for employees' use when necessary. It shall be funded by the Motor Pool Fund after the trade -in allowance of the Subaru is deducted from the truck's cost. 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 purchase one used truck in an amount not to exceed $31,000, after taking into account the trade -in value of the Subaru. Section 2. The Seward City Council hereby exempts from competitive procurement, the purchase of used equipment, and the City Council hereby finds that it is in the public interest to waive the formal bid requirements as allowed by SCC Section 6.10.125, based on the findings above which are incorporated herein. Section 3. Funding for the vehicle and equipment in an amount not to exceed $31,000 is hereby appropriated from the Motor Pool Net Assets account no. 102- 0000 -3050 to the Motor Pool Equipment account no. 102 -1020 -5930. Section 4. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 8 day of July, 2013. Council Agenda Statement {� q S Meeting Date: July 8, 2013 v ',� 0 a From: Jim Hunt, City Manager q S p SA " Agenda Item: Authorizing the purchase of a truck with trade in of Subaru Forester BACKGROUND & JUSTIFICATION: The purchase of a used truck, for trade -in value plus $31,000, to replace the Subaru Forester currently used as the City Manager Vehicle and as the City employee travel vehicle, is consistent with City code and timely. The Subaru was purchased in 2008 and is no longer in optimal condition. It has been in an accident, sits low to the ground and is not safe to drive great distances from Seward. Additionally it lacks storage and the ability to haul large loads. A truck will be safer for travel for City employees and have the added benefit of being able to carry emergency supplies. INTENT: To authorize the City Manager to purchase a used truck for a cash amount after trade -in consideration of the Subaru Forester not to exceed $31,000, and appropriating funds. CONSISTENCY CHECKLIST: Yes No NA 1 Comprehensive Plan: X 2 Strategic Plan: (Page 2) City Mission X 3 Other: X FISCAL NOTE: Funding for the $31,000 will be appropriated from the Motor Pool Net Assets account no. 102- 0000 -3050 to the Motor Pool Equipment account no. 102 -1020 -5930. Approved by Finance Department: J Ka i••�r.J ATTORNEY REVIEW: Yes No X RECOMMENDATION: p� ��,,,, Recommend approval of Resolution 2013 - 05 authorizing the City Manager to purchase a used truck for a cash amount after trade -in consideration of the Subaru Forester not to exceed $31,000, and appropriating funds. Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2013 -057 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, STATING AN INTENT TO FUND $500,000 FOR THE MAPLE STREET WATER LINE PROJECT SUBJECT TO RECEIVING A LOAN IN THAT AMOUNT, AUTHORIZING A LOAN APPLICATION WITH THE ALASKA DRINKING WATER FUND AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A LOAN AGREEMENT WITH THE ALASKA DRINKING WATER FUND WITH ANNUAL PAYMENTS NOT TO EXCEED $55,000, AND SUBJECT TO ANNUAL APPROPRIATION WHEREAS, in 2010 city staff identified several issues necessitating the addition of 850 linear feet of gravity water main on Maple Street; and WHEREAS, in 2012 staff completed and submitted the required questionnaire to compete for loan monies being offered by the Alaska Drinking Water Fund; and WHEREAS, the City of Seward seeks to obtain the necessary financial assistance to complete the Maple Street Water Main Extension by obtaining a loan from the State of Alaska, Department of Environmental Conservation's Alaska Drinking Water Fund. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City of Seward hereby confirms its commitment to the State of Alaska (ADEC), and its intent to fund a $500,000 Maple Street water extension project, subject to receiving a loan from the ADEC. Section 2. The City Manager is authorized to apply for a loan in the amount of $500,000 from the State of Alaska Department of Environmental Conservation, Drinking Water Fund, for the water system improvement known as Maple Street Water Main Extension. Section 3. The City Manager is hereby authorized to execute any and all documents that may be necessary to affect the $500,000 loan from ADEC, the terms of its repayment over 10 years at a rate of interest equal to 1.5% subject to annual appropriations, including but not limited to an agreement for the loan and a promissory note. Annual loan payments shall not exceed $55,000. Section 4. The City Manager is directed to report to the City Council a payment schedule and final loan amount before execution. Section 5. This resolution shall take effect immediately upon adoption. CITY OF SEWARD, ALASKA RESOLUTION 2013 -057 PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 8 th day of July, 2013. THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Brenda J. Ballou Acting City Clerk (City Seal) Council Agenda Statement e 4O sF Meeting Date: July 8, 2013 a -4 7 .0 Through: City Manager, Jim Hunt From: Public Works Director, W.C. Casey Agenda Item: Intent to fund $500,000 for the Maple Street Water Main Project, subject to receiving an Alaska Department of Environmental Conservation Loan for that amount, authorizing a loan application with the Alaska Drinking Water Fund and authorizing the City Manager to enter into a loan agreement with the ADEC. BACKGROUND & JUSTIFICATION: In the past thirteen years there have been two water system evaluations and two wastewater system evaluations by two separate engineering firms. The purpose of the water and wastewater system evaluations performed in 2000 (CRW Engineering) was to investigate sizing and routing requirements for water and sewer infrastructure in the Gateway and Forest Acres subdivisions, as well as evaluating other water /wastewater components. These two subdivisions are the largest undeveloped areas left on the west side of Resurrection Bay and could provide substantial growth for the City if water and wastewater services could be provided. To move forward with the Water /Wastewater system maintenance and development of the Capital Improvement Program that was delineated and recommended by the 2000 study, the City contracted with another engineering firm in 2009 (M.L. Foster & Assoc.). M.L. Foster was tasked with identifying areas that needed corrective actions and presenting their recommendations in a report (Water Compliance Study). M.L. Foster's study included an "Implementation Plan" that documents background information and results from field investigations, evaluates specific elements of the water system, permit renewal processes, identifies trouble spots, recommends improvements and provides a summary of priority projects. City staff utilized both of these studies to create a master project list and identify potential funding sources. The Maple Street Water Main extension was placed on the master project list because of several issues outlined in both reports and staff observations. On July 23` 2012 the City Council approved Resolution 2012 -058 authorizing the City to enter into a loan agreement with the Alaska Clean Water Fund (ACWF) through ADEC for $400,000. This will fund the addition of 850 linear feet of sewer main on Maple Street. With approval of an additional $500,000 loan through the Alaska Drinking Water Fund (ADWF), we will be able to provide both sewer and water service to Maple Street residents. If approved, we could potentially reduce the cost of both the water main and sewer line projects by completing them simultaneously. This would not only save money, but the residents of Maple Street and surrounding side streets would only be affected once. If the City is successful in procuring funding, it will construct 850 linear feet of water main, which will serve lots that are currently subdivided, as well as a large un- subdivided parcel. Because of the b proximity of a production well to the subdivision individual septic systems are not acceptable. This is a source water protection area, making this infrastructure development necessary if residential development is going to happen on these properties The water main extension will also provide much needed redundancy for the Long Term Care Facility and the Afognak Subdivision development and improve fire fighting capability. INTENT: Secure available funding for the Maple Street Water Main Extension through the Alaska Department of Environmental Conservation, Drinking Water Fund Loan Program. CONSISTENCY CHECKLIST: Yes No N/A 1 Comprehensive Plan (document source here): Volume 1 PG 20, 22 and X 27 2. Strategic Plan (document source here): Page 10 X 3. Other (list): 2011 M.L. Foster Water Compliance Study X FISCAL NOTE: This loan requires the City commit to repayment of $500,000 from the State of Alaska Department of Environmental Conservation, Drinking Water Fund. The terms of repayment are over 10 years at a rate of interest equal to 1.5% resulting in annual payments of approximately $54,200. This debt payment was not previously budgeted in the Water Fund. After payments for existing debt service and transfers to other funds, the Water Enterprise Fund does not generate sufficient cash flow to make the annual debt service payments on this debt. Repayment of this debt will need to come from the Fund's cash reserves. The cash balance in the Water Enterprise Fund at 6/28/13 is $797,157 and in the Water MRRF Fund is $212,546. In addition, the Water Fund has an outstanding loan receivable from the Seward Mountain Haven Fund of $1,973,360. Approved by Finance Department: 3 26414,44� ATTORNEY REVIEW: Yes No X RECOMMENDATION: The City of Seward City Council adopt resolution 2013 -0 approving funding in the amount of $500,000 for the Maple Street Water Main Line Extension Project, subject to receiving an ADEC Loan for that amount, authorizing a loan application with the Alaska Drinking Water Fund and authorizing the City Manager to enter into a loan agreement with the ADEC. Table 1 Capital Projects -:,... -,,-,--::::,'„•' -, ' -- ';' :' "i"'"i;' Z I:trreC": : :4*, •,=.,.,: , -4:,„, ' ,,„, ,::-.,.*,,,,.._ :0,, 4,:., , ., ,. J- ,, 0V ,, ,:,,.: : eittarita T., g i.- .:0 ..IL:,1:1"01 : ..„ t , ,, 0 -;itv, , .t , ,,,,:, :r w , - ,it- z. :, A.• :71,i ..--,--•' : r,.,1-W, -:.: ;,' .:4:,.4 4 - ,,J.,.,. ' — --- 't'''' - :..:__.:-' -79 -:Vz-,. iii'.-, -,',! :'-':-- '`i't, .-.." ''''''',. r , R % . , re"i),. - : ' -".• •-..„ ;t ; '' ..* ',"' ' eq , : = ' ; , .1- - ' ; - - • Improve instrumentation & control $280 , 000 , $420 , 000 Aging control system needs to be refurbished. 140000 (7 locations) - Will reduce operation & maintenance costs. Construct new 12-inch diameter Provides line from Hemlock Ave to 1 $312,000 $188,000 $500,000 better distribution from Well 6, the City's current p - water source. distribution system near Well 5 • Provides additional storage capacity on north Construct new 500,000-gallon end of City system for chlorine contact, better watzr tank an connect double 12-inch diameter lines 2,3 1,600,000 $400,000 $2,000,000 capacity for peak consumption and fire flows; near Well 5 design already underway. Needs agreement with Borough. Replace Booster Station at 30-year old booster station needs a new Swetmann Ave and Benson Dr 4 $600,000 $360,000 $960,000 structure, pumps, motors and controls. Seal and cap seven wells no longer in service; . ...S). Protect wellheads and abandon ....5j wells - $120;000 $40,000 $160,000 survey Zone A and adopt watershed protection ordinance. Replace 10-inch and 14-inch "" i 6 diameter AC line between Phoenix 6 $1,160,000 $700,000 $1,860,000 Improves system spine and reduces potential for leakage. Rd and Sea Lion Ave Improves hydraulics. Although recommended Replace and relocate 6-inch and 8- 7 inch diameter water mains in $500000 8300,000 $800,000 in June 2000 Design Study Report, may be Small Boat Harbor further delay this project by staging area water use in Port area. - Extend 8-inch diameter water Provides for new services in Forest Acres 8 main on Maple St fmm Ash St to 5 $162,000 $98,000 $260,000 Subdivision. Non grant-funded portion to be Hemlock Ave covered by property owner assessment. Systematically replace 50% of old Will require ongoing commitment of nearly $1 9 AC and cast iron pipe over next 10 - $5,700,000 $3,420,000 $9,120,000 million per year. Should start with highest years priority segments. Notes: ELA = Engineering, legal and administration. The first five projects highlighted are Phase I, the City's highest priorities. The order of individual projects within Phase 1 may change, depending on the City's selection and funding availability. Seward Water Compliance Study 14 December 30, 2008 Task 3 Study Report SEWD-SEWD-001-0001 I Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2012 -058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, STATING AN INTENT TO FUND $400,000 FOR THE MAPLE STREET SEWER LINE PROJECT SUBJECT TO RECEIVING A LOAN IN THAT AMOUNT, AUTHORIZING A LOAN APPLICATION WITH THE ALASKA CLEAN WATER FUND AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A LOAN AGREEMENT WITH THE ALASKA DRINKING WATER FUND WITH ANNUAL PAYMENTS NOT TO EXCEED $24,000, AND SUBJECT TO ANNUAL APPROPRIATION WHEREAS, in 2010 city staff identified several issues necessitating the addition of 850 linear feet of gravity sewer main on Maple Street; and WHEREAS, in 2011 staff completed and submitted the required questionnaire to compete for loan monies being offered by the Alaska Clean Water Fund; and WHEREAS, this project was placed on Alaska's point based funding priority planning list for fiscal year 2012; and WHEREAS, the City of Seward seeks to obtain the necessary financial assistance to complete the Maple Street Sewer Main Extension by obtaining a loan from the State of Alaska, Department of Environmental Conservation's Alaska Clean Water Fund. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City of Seward hereby confirms its commitment to the State of Alaska (ADEC), and its intent to fund a $400,000 maple street sewer extension project, subject to receiving a loan from the ADEC. Section 2. The City Manager is authorized to apply for a loan in the amount of $400,000 from the State of Alaska Department of Environmental Conservation, Clean Water Fund, for the sewer system improvement known as Maple Street Sewer Main Extension. Section 3. The City Manager is hereby authorized to execute any and all documents that may be necessary to reflect the $400,000 loan from ADEC, the terms of its repayment over 20 years at a rate of interest equal to 1.5% subject to annual appropriations, including but not limited to an agreement for the loan and a promissory note. Annual loan payments shall not exceed $24,000. Section 4. The City Manager is directed to report to the City Council a payment schedule S CITY OF SEWARD, ALASKA RESOLUTION 2012 -058 and final loan amount before execution. Section 5. This resolution shall take effect thirty (30) days following adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 23 day of July, 2012. THE CITY OF SEWARD, ALASKA David Seaward, Mayor AYES: Bardarson. Keil, Shafer, Casagranda, Seaward NOES: None ABSENT: Terry, Valdatta ABSTAIN: None ATTEST: Johanna Kinney, CMC City Clerk (City Seal) lLk Municode Page 1 or 14 (i Swird, Alasta, Code of Ordinances» SUPPLEMENT HISTORY TABLE >> TITLE 15'PLANNING AND LAND USE REGULATIONS >> Chapter 1510. - Seward Zoning Code >> Article 1. General Provisions >> Article 1. General Provisions 15.10.110 Title. 1510.115 Purpose. l5.1012U Applicability ofregulations, ` 15]O.12b Permitted uses. u \ �-i \ ��� \ 15.10.130 Unlisted uses. x~�' ' - ` ' ' ~' 151O135 Conflicts between codes. 10.140 le in ii, , 15.10.110 Title. This chapter shall be known and cited as the "Seward Zoning Code." The provisions ofthis chapter are applicable to alt lands within the municipal limits of the City. (ow 623 § 1989/ 1510'115 Purpose. This chapter is adopted in order to: 1. Protect the public heabh, safety and general welfare of the community's residents; 2. Promote fire safety and public order; 3. Provide adequate open spaces for aesthetics, light, air and to prevent and fight fires; 4. Provide oofe, aesthetic surroundings and living conditions; 5. Prevent undue traffic congestion; O. Conserve and stabilize the value of property; 7. Prevent undue concentrations of population; M. Provide for orderly and stable pub))c, naaidandal, commercial and industrial development; 9. Facilitate systematic development of adequate public improvements and services such as transportation, uh/idoa, echno|a, parks and other public facilities; 10. Determine the most appropriate use of land in accordance with the comprehensive plan; 11. Implement the comprehensive plan for the City; and 12. Provide a method of administration and to prescribe means of enforcement of the provisions of this title. (6o/ § /989 ()'/1 91 08) 15.10.120 Applicability of regulations. hrtn://lihrurv.00uoicodccom/nrot.aupx?h=&o/ioot}[)=l3526&}{TMRcqocs1=hUn%3o%2P/o... 7/2/2013 Municode Page 2 of 14 Except as hereinafter provided, all land and structures within the City shall be constructed, used, occupied or altered in conformance with the requirements of the zoning district in which they are located. The regulations set by this chapter within each zone shall be minimum regulations and shall apply uniformly to private and public property, and to each class or kind of structure or land, except as hereinafter provided. All lots, structures, and uses within the corporate limits of the City shall conform to the applicable district purposes as defined in this chapter and shall conform to applicable district regulations as enumerated in Tables 15.10.220 and 15.10.225. Ord. 626, § 3, 1989) 15.10.125 Permitted uses. A. The express enumeration and authorization of a particular class of building, structure, premises, or use in a designated zone shall be deemed a prohibition of such building, structure, premises, or use in all other zones unless otherwise specified. B. In cases of reasonable doubt as to whether a use is permitted in a specific zone, the guidelines established for conditional uses in section 15.10.320 shall apply. (Ord, 626, § 3, 1989) 15.10.130 Unlisted uses. A. Unlisted uses may be allowed within a district upon written decision by the commission provided that each unlisted use meets all of the following conditions: 1 . The use is not specifically permitted in any other district; 2. The use is not more appropriate in another district; and 3. The use is consistent with the purpose of the district in question, and is similar to other uses permitted outright. (orrw. 626, § 3, 1989) 15.10.135 Conflicts between codes. Whenever there is a conflict within this chapter or with other ordinances pertaining to regulation of property within the city, the most restrictive regulation shall apply. (Ortf. 626. § 3. 1989: Ord. 9440; Ord. 99 -16, § 3, 1999) 15.10.140 Definitions. A. General interpretation. 1 . Words used in the present tense include the future tense. 2. The singular number includes the plural. 3. The word "person" includes a corporation as well as an individual. 4. The word "lot" includes the word "plot" or "parcel." 5. The term "shall" is always mandatory. 6. The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended," "arranged," or "designed to be used or occupied." B. Specific definitions. (Parenthetical references are for cross - reference only.) In this chapter, unless otherwise provided or the context otherwise requires: 1. Accessory building. A detached structure that: http : / /library.municode. com /print. aspx ?h= &clientl D =13 526 &HTMRequest =http %3 a %2f%... 7/2/2013 Municode Pages or 14 a. Is clearly incidental to and customarily found in connection with a principal building or use; b. Is subordinate to and serves a principal building or use; c. Is subordinate in area, extent or purpose to the principal building or use served; d. Contributes to the comfort, convenience or necessity of occupants, business or industry in the principal building or use served; and e. Is located on the same or adjacent lot under the same ownership as the principal building or use served. An accessory building shall be considered to be a part of the main building when joined by a common wall or connected by a breezeway to the main building. Accessory building means any structure regardless of type of foundation or base support, including skid - mounted or other moveable structures. (Accessory or mother -in -law apartment. See Dwelling, Efficiency apartment) 2. Agriculture. Commercial farming, dairying, pasturage, horticulture, floriculture, viticulture, or animal and poultry husbandry including buildings used to shelter farm implements, hay, grain, poultry, livestock or other farm produce in which there is no human habitation and which is not used by the public. 3. Airport. A place where aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair, various accommodations for passengers, and business lease sites. 4. Alley. A dedicated public way which affords a secondary means of access to abutting property and not intended for general traffic circulation. 5. Alteration. Any change, addition or modification in the construction, location or use of a building. 6. Amusement and recreation facility. Establishment engaged primarily in providing entertainment for a fee including such activities as bowling alleys, billiards and pool, dance hall, pinball machines, video games or other similar player - operated amusement devices. 7 . Antenna. A device used to transmit and /or receive radio or electromagnetic waves between terrestrially and /or orbital based structures. Includes satellite dish. (Apartment. See Dwelling) 8 . Auto repair station. A place where a qualified automotive mechanic provides services such as general motor vehicle and engine repair, reconditioning or rebuilding, and collision service including body, frame and fender straightening and repair, painting and undercoating of motor vehicles. 9. Auto service station. A place used primarily for the retail dispensing of motor fuels and /or installation of tires, batteries and other accessories and services which do not customarily or usually require the services of a qualified automotive mechanic. Also known as a gas station. (Bed and breakfast. See Lodging) (Boarding or rooming. See Lodging) 10. Brewpub. An establishment that is primarily an eating place which includes the brewing of beer as an accessory use. 11. Building. Any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind. 12. Building area. A total area taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of external steps. http: // library. municode.com/ print. aspx? h= &clientID= 13526 &HTMRequest= http %3 a %2f%... 7/2/2013 Municode Page 4 of 14 13. Building, existing. A building erected prior to the adoption of this Code or one for which a legal building permit has been issued. 14. Building height. The vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The reference datum, which must be between the building and the property line or in a dedicated public right -of -way that is accessible to fire suppression personnel and rescue equipment, shall be selected by either of the following, whichever yields the greater height of the building: a. The elevation of the highest adjoining sidewalk or ground surface within a five - foot horizontal distance of the exterior wall of the building when such a sidewalk or ground surface is not more than ten feet above the lowest grade; or b. An elevation ten feet higher than the lowest grade when the sidewalk or ground surface described in subsection a., above is more than ten feet above the lowest grade. The height of a stepped or terraced building is the maximum height of any segment of the building. 15. Building, principal or main. A building in which is conducted the principal or main use of the lot on which'the building is situated. Attached garages, porches and carports shall be considered to be part of the principal building. (Bunkhouse. See Housing) 16. Business, general sales. A premises where the sale of goods or commodities to the consumer takes place; i.e., groceries; bakeries; hobby, knot or yarn shops, book, gift or apparel shops; fishing equipment, hardware or vehicle sales; restaurants; vehicle rentals or variety stores. 17 . Business, personal service. The conduct of business where personal assistance is offered for compensation; i.e., dressmaking, tailoring, barbers and beauty, etc. 18. Campground. A plot of ground upon which two or more campsites are located, established or maintained for occupancy by tents or recreation vehicles as temporary living quarters for recreational or vacation purposes. 19. Campground, employee. An area operated by an established business with high seasonal employment of transient workers as a housing alternative and not construed to be a construction camp. 20. Child care, licensed center. In accordance with Alaska Statutes, a building where adult care, protection and supervision is provided for children other than the owner's or operator's. Also called day care, nursery school, preschool and kindergarten. 21. Child care, licensed home. In accordance with Alaska Statutes, a private residence where adult care, protection and supervision is provided for children other than the occupant's. Also called day care, nursery school, preschool and kindergarten. 22. Church. A building, structure or group of buildings or structures primarily intended for conducting organized religious services and associated accessory uses. The definition of a church shall be dependent upon U.S. Internal Revenue Service and the Kenai Peninsula Borough Assessor's Office interpretation. A standard single - family residence not remodeled for public meetings shall not be considered a church. 23. Clinic. A building or portion thereof containing offices and facilities for providing out- patient medical, dental or psychiatric services, and which may include a dispensary to handle medication and other merchandise prescribed by physicians in connection with their medical practice. 24. http: / /library .municode. com /print. aspx ?h= &clientI D =13 5 26 &HTMRequest= http %3 a %2f%... 7/2/2013 Municode Page 5 of 14 Club, private. A building and related facilities owned or operated by a corporation, association or group of individuals established for the fraternal, social, educational, recreational or cultural enrichment of its members, but not primarily for profit, and whose members meet certain prescribed qualifications for membership and pay dues. Includes lodges. 25. Cluster subdivision. A development design technique that permits a reduction in lot area provided there is no increase in the number of lots permitted under a conventional subdivision or increase in overall density of development by concentrating buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space and preservation of environmentally sensitive areas. (Commercial building apartment. See Dwelling) 26. Commercial use. An occupation, employment or enterprise that is carried on for profit by the owner, lessee or licensee. (Condominium. See Dwelling) (Convalescent or nursing home. See Housing) 27. Convenience store. A small -scale neighborhood grocery establishment offering for sale prepackaged food products, household items and other goods commonly associated with the same and having a gross floor area of Tess than 5,000 square feet. (Dormitory. See Housing) 28. Drinking establishment. Any premises wherein the principal purpose is the retail sale of alcoholic beverages for consumption on the premises and minors are excluded therefrom by law. Includes bar, cocktail lounge, tavern and nightclub. 29. Drive -in facility. Any portion of a building or structure which by design permits customers to receive services, obtain goods or be entertained while remaining in their motor vehicles. 30. Dwelling. A building designed or used exclusively as living quarters for one or more families. a. Apartment. Any portion of a building which is designed, built, rented, leased, let or hired out to be occupied or which is occupied as the home or residence of an individual for daily living and doing his own cooking independently of any other individual or family in the same building (see "Dwelling "). b. Apartment, owner or manager. An apartment within a building that is designed to be used exclusively as the living quarters for the owner or manager family of that building or a commercial business located in the building. c. Condominium. A form of housing ownership by which a person may purchase and own one dwelling unit in a multiunit building or development. Each owner owns a common interest in such things as the underlying land, common walls, stairwells, elevators, lobbies, laundry rooms and recreation rooms. d. Commercial building apartment. An apartment located within a building designed to accommodate a mix of residential and commercial uses. e. Efficiency apartment (also called accessory, mother -in -law, or studio). A single separate dwelling unit consisting of not more than one habitable room which includes combined kitchen, dining and sleeping areas with accompanying sanitary facilities, and which is located within or shares a common wall with a single - family dwelling. c l http: // library. municode .com /print.aspx ?h= &clientID =13 526 &HTMRequest = http %3a %2P /o... 7/2/2013 Municode Page 6 of 14 f. Guest house. An accessory building occupied on a temporary basis solely by nonpaying guests. g. Mobile home. A factory-built home designed to be used as a year -round residential dwelling and originally designed and mounted on wheels and /or axle supports for transportation by another vehicle. h. Modular home. A factory-built residential structure that is transportable in one or more sections, is built on a permanent chassis, and is used as a place of human habitation, but which is not constructed with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame. Includes factory-built and manufactured home. Multiple- family. A building designed as a residence for three or more families, with the number of families in residence not exceeding the number of dwelling units provided and each living independently of the other under one roof. 1• Single- family. attached. A building containing two or more dwelling units, each of which has primary ground floor access to the outside and which are attached to each other by party walls without openings. Also commonly called townhouse, row house and zero -lot line. k. Single- family, detached. A building designed and /or used exclusively for occupancy of one family and entirely surrounded by open space on the same lot. Two - family or duplex. A building containing two single - family dwelling units totally separated from each other by an unpierced wall extending from ground to roof or unpierced ceiling and floor extending from exterior wall to exterior wall, except'for a common stairwell exterior to both dwelling units. m. Unit, dwelling unit. A building or separate portion thereof containing kitchen, living, sleeping accommodations and at least one bathroom and designed to be occupied' exclusively as a residence by one family (see "Apartment "). n. Watchman or caretaker dwelling. An accessory dwelling associated with a commercial or industrial building or structure for the purpose of housing a watchman or caretaker and immediate family. (Efficiency apartment. See Dwelling) 31. Family. Any number of individuals not necessarily related by blood, marriage, adoption or guardianship living together in a dwelling unit as a single housekeeping unit and distinguished from a group occupying a rooming house, club, fraternity house or hotel. 32. Farm animal. Any cow, horse, mule, goat, sheep, pig, chicken, or other similar animal commonly kept as livestock. 33. Flea market. An occasional or periodic sales activity held within a building or open area where groups of individual sellers offer goods, new and used, for sale to the public, not to include private garage sales. 34. Floor area, useable. That area used for or intended to be used for the sale of merchandise or services or as leasable office space as measured from the interior surfaces of the walls enclosing that part of the building. Such floor area which is used or intended to be used for the storage or processing of merchandise, hallway or for utilities or sanitary facilities is excluded from this computation of useable floor area. 35. Ob http: // library. municode .com / print. aspx? h= &clientlD =13 526 &HTMRequest= http %3 a %2f /o... 7/2/2013 Municode rage i Fractions. In the determination of density, required parking spaces or other requirements of this Code, computations resulting in a fractional number of 0.50 or above shall be considered the next larger whole number. 36. Garage, private. An accessory building or portion of a main building designed or used solely for storage of motor vehicles, boats and similar vehicles owned by the occupants of the building to which it is accessory. 37. Greenhouse. commercial. A Tight- permeating structure used for cultivating and growing plants in a controlled temperature and humidity environment where such plants are offered for sale either on the premises or at another location. (Group care home. See Housing) (Guest house. See Dwelling) 38. Guide service. Anyfpremises used for collecting or returning persons from recreation trips when remuneration is provided for the service. (Halfway house :•See Housing) 39. Health club. Includes, but is not limited to, gymnasiums (except public), private clubs (athletic, health or recreational), reducing salons and weight control establishments. 40. Historic district. An area containing buildings or places in which historic events occurred or having public value because of notable architectural or other features relating to the cultural or artistic heritage of the community of such significance as to warrant conservation and preservation. 41. Home occupation: Any use customarily conducted entirely within a dwelling, or its accessory building, and carried on by the occupants thereof, which is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof, and in connection with which there is no exterior sign, no display or stock in trade, no outside storage of materials or equipment, no commodity sold upon the premises and not more than two persons are engaged in such occupation. 42. Home professional office. A home occupation consisting of the office of a practitioner • . - :: - • . rofession. (Hostel. See Lodging) (Hoe. " ••:' -: 43. Housing. Structures providing housing for groups of people, such as students, employees or nursing home residents. a. Bunkhouse. A building used as living quarters for people such as cannery workers or construction laborers where shower and sanitary facilities are shared and in which there are no individual cooking facilities. b. Convalescent or nursing home. A structure with sleeping rooms where persons are housed or lodged and are furnished with meals, nursing and medical care. c. Dormitory. A building used as residential group living quarters for a student body or religious order as an associated use to a school, orphanage or other similar institutional use, and does not include kitchen facilities except a group kitchen facility to serve all residents. d. Group care home. A dwelling shared by no more than five disabled persons, plus resident staff, who live together as a single housekeeping unit and in a long -term, family -like environment in which staff persons provide care, education and participation in community activities for the residents with the primary goal of enabling residents to live as independently as possible in order 6\ http: // library. municode .com /print.aspx ?h= &clientlD =13 526 &HTMRequest= http %3a %2f%... 7/2/2013 Municode Page 8 of 14 to reach their maximum potential. The term "group care home" shall not include alcoholism or drug treatment centers, work release facilities for convicts or ex- convicts or other housing facilities serving as an alternative to incarceration. e. Halfway house. A licensed home for inmates on release from more restrictive custodial confinement, or initially placed in lieu of more restrictive custodial confinement, wherein supervision, rehabilitation and counseling are provided to mainstream residents back into society, enabling them to live independently. Such placement is pursuant to the authority of the Alaska Department of Corrections. 44. Junk. Dismantled or wrecked automobiles, aircraft, motor vehicles or machinery, mobile homes, trailers, watercraft, used appliances or furniture, scrap building materials, metals, rubber, paper, plastic or other scrap materials. 45. Kennel. Any enclosure, building, shelter, area or establishment used for the purpose of breeding, buying selling, keeping or boarding five or more dogs over the age of four months, whether for profit, pleasure, or as pets, by any person, individual, corporation, group of people or business entity. Does not include an animal shelter. 46. Livestock. Generally accepted large (over 250 pounds) and small (under 250 pounds) outdoor farm animals (i.e., cows, goats, horses, pigs, barnyard fowl, etc.). Does not include cats, dogs and other common household pets. 47. Loading space. A space located on premises for pickup and delivery at the premises. - - - • - • off - street loading space shall not be included as an off - street parking space. ' 8 . Lodging. Th:. renting out of a dwelling, or portion thereof, to provide overnight - -1's • - commodations for a period of less than 30 consecutive days. The use includes the providing of meals to overnight guests only. This use includes bed and breakfast, but does not include motel, hotel or hostel. a. Bed and breakfast. An owner occupied and operated single - family residential dwelling where lodging with a meal is provided for compensation on a short - term basis: The term does not include boardinghouses and separate apartments which are leased on a month -to -month or longer basis. b. Boarding or rooming. An owner occupied building which has not more than five rooms available for rent or lease on other than a day -to -day basis and not open to transient guests for residential occupancy and in which no cooking or dining facilities are provided in the individual rooms. Meals may be regularly prepared and served for compensation at a table, family - style, without service or ordering of individual portions from a menu. The term includes lodging house or rooming house but does not include separate apartments with individual kitchen and ba i facilities. Hostel. A , ■wilding, or portion thereof, in which temporary or overnight lodging is • • '• •r,hikers, cyclists or other travelers not generally traveling by car. d. Hotel. A facility with six or more guest rooms and on- premises management offering transient lodging accommodations to the general public on a daily rate where access to all sleeping rooms is through a main entrance and which may provide food, entertainment, meeting rooms, recreational facilities or various personal services. Includes lodges and inns. e. Motel. A building, or group of detached or connected buildings, having six or more guest rooms, an on- premises manager and parking conveniently located on the premises, which are designed primarily to offer sleeping accommodations, with or without meals, to the motoring public on a daily rate. i bd http: // library. municode .com / print. aspx? h= &clientlD =13 526 &HTMRequest =http %3 a %2P /o... 7/2/2013 Municode Page 9 of 14 Includes designations such as motor lodges, auto courts, tourist courts and similar terms. 49. Lot. A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area and to provide such yards and other open spaces as are herein required. Such lot shall have frontage or access on a public street or on an approved private street and may consist of: A. A single lot of record; B. A portion of a lot of record; C. A combination of complete lots of record, or complete lots of record and portions of lots of record, or portions of Tots of record; or D. A parcel of land described by metes and bounds, provided that in no case of division or, combination shall any residual lot or parcel be created which does not meet the, requirements of this chapter and that, in the case of multiple lots or portions thereof, the property be replatted to eliminate interior lot lines. a. Lot area. The total horizontal area within the lot lines of a lot, exclusive of streets and alleys. b. Lo; buildable or useable area. That portion of a lot that a prudent person would.use to construct a building and provide required parking. This excludes lakes and rivers, creeks, cliffs, marshes and other similar natural obstacles to development with the property counting toward minimum required size. c. Lot, corner. A lot situated at the intersection of two or more streets having an angle of intersection of not more than 135 degrees. d. Lot coverage. The area of a site covered by building or roofed areas, including covered porches, decks and accessory buildings, but excluding allowed projecting eaves. e. Lot depth. The horizontal distance between the front and rear lot lines measured on the longitudinal centerline. f. Lot,, interior. A lot other than a corner lot. g. Lot line, front. In the case of an interior lot, a line separating the lot from the street. In the case of a corner lot, the owner may choose which street he shall designate as the front of the lot. Once the choice of frontage has been made, it cannot be changed unless all requirements for yard space are met. h. Lot line. rear. A line opposite and most distant from the front lot line and, in the case of irregular or triangular shaped lots, a line not Tess than ten feet in length within the lot, parallel to and at the maximum distance from the front lot line. i Lot line, side. Lot boundary not a front lot line or a rear lot line. j Lot line, zero. The mean horizontal line whereby two adjacent buildings from adjacent lots can be constructed with a common party wall providing a proper fire wall rating. All other aspects are the same as in conventional development. k. Lot width. The average horizontal distance separating side lot lines of a lot and at right angles to its depth. 50. Lumberyard. An establishment that sells sawn timber and other building materials typically stored on the premises. http: // library. municode. com/print. aspx ?h= &clientlD =13 526 &HTMRequest= http %3 a %2 f%... 7/2/2013 Municode Page 10 of 14 51. Manufacturing, heavy. A use engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials; or a use engaged in storage of or manufacturing processes using flammable or explosive materials; or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions. 52. Manufacturing, light. A use engaged in the manufacture, predominantly from previously prepared material, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products, but excluding basic industrial processing. 53. Marina. A facility for storing, servicing, fueling, berthing and securing and launching of boats that may include the sale of fuel and incidental supplies for the boat owners and guests. Also includes harbor. (Mobile home. See Dwelling) 54. Mobile home park. A parcel or adjacent parcels of land in the same ownership upon which two or more mobile homes are located or for which space is leased or held out for lease or use on a month -to -month or longer basis. This does not include sale lots on which unoccupied mobile homes are parked for inspection and sales and shall not be construed to mean tourist facilities for parking of travel trailers, motor homes or campers. 55. Mobile medical unit. A trailer, motorized coach or van capable of being transported from place to place, containing medical equipment such as a CT scanner, MRI or similarly complex medical diagnostic device or decontamination equipment. (Modular home. See Dwelling) (Motel. See Lodging) (Multiple- family. See Dwelling) 56. Nonconforming building. Any building or portion thereof lawfully existing at the effective date of the ordinance affecting it and which does not conform to all of the use, height and density regulations of the zone in which it is located. 57. Nonconforming use. A use which lawfully occupied a building or land at the effective date of the ordinance affecting it that does not conform to the use provisions of the zoning district in which it is located. 58. Noxious use. A use which is injurious or harmful to health, highly disagreeable or offensive. 59. Office. A building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations; i.e., travel, insurance, employment, utility, public service or government agencies. 60. Owner. Any individual, firm, association, syndicate, partnership, corporation, trust or any other legal entity having sufficient proprietary interest in the land, including the attorney or agent thereof. 61. Park. Any public land available for recreational, educational, cultural or aesthetic use. 62. Parking area. A structure or an open area, other than a street, alley or other right -of- way, on which vehicle parking spaces are defined, designated or otherwise identified and available, whether free or for compensation, for use by the public, clients, tenants, customers, employees or owners of the property for which the parking area is required by ordinance. 63. 1 U A http: / /library.municode. com /print.aspx ?h= &clientlD =13 526 &HTMRequest =http %3 a %2f%... 7/2/2013 Municode Page I t or i 4 Parking requirements as stated in terms of employees. The maximum number of employees who will be at the site at one time on either a single shift or an overlap of shifts. 64. Parking space, off - street. A designated area sufficient in size to accommodate one motor vehicle, exclusive of maneuvering room, designed with adequate independent access to, but located off, any street, alley or other right -of -way. 65. Parking, valet. Attendant parking provided as a service to patrons of commercial establishments. 66. Peddler. A person who, with no fixed place of business, goes from house to house, place to place, or from store to store transporting goods, wares or merchandise for sale or offering or exposing the same for sale or making sales and delivering articles to purchasers. (See Transient merchant and Vending, Street.) 67. Planned unit development. A land development under unified control that is planned and constructed in its entirety as a single development operation or in a series of programmed stages. The development may include streets, circulation ways, utilities, residences, commercial buildings, open spaces and other site features and improvements some of which may not otherwise be individually permitted. 68. Profession. An occupation or calling requiring the practice of a learned art through specialized knowledge, training, experience or a degree issued by an institute of higher learning; i.e., doctor of medicine, lawyer, engineer or real estate broker. 69. Professional office. The office of a member of a recognized profession maintained for the conduct of that profession. 70. Recreational, indoor commercial. A facility accommodating such indoor recreation activities as skating rinks, bowling lanes or shooting /archery ranges. 71 . Recreational, outdoor public. Outdoor recreation facilities such as sports fields, ice rinks, playing fields or miniature golf. 72. Recreational vehicle. A vehicle used or intended to be used as transient living or sleeping quarters for humans and which may be driven, towed or propelled from one location to another without change in structure or design, whether or not the same is supported by wheels or identified by a model, serial or vehicle registration number. Includes travel trailers, camping trailers, tent campers, trailer coaches, motor homes, truck campers and similar vehicles. 73. Recreational vehicle (RV) park. Any parcel of land upon which two or more recreational vehicle sites are located, established or maintained for commercial occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes. Includes trailer park and camper park. 74. Recycling center. A building in which used material is separated and processed prior to shipment to others who will use those materials to manufacture new products. 75. Recycling collection point. An incidental use serving as a neighborhood drop -off point for temporary storage of recoverable resources. No processing of such items would be allowed. This facility would generally be located in a shopping center parking lot or in other public /quasi - public areas such as churches and schools, as opposed to being allowed on residential or vacant lots. 76. Repair service, household /appliance. A business establishment where repairs are made to appliances and furniture. 77 . Residence. A home, abode or place where an individual is actually living at a specific point in time. http: // library. municode .com /print.aspx ?h= &clientlD =13526 &HTMRequest =http %3 a %2f%... 7/2/2013 Municode Page 12 of 14 78. Resource extraction. Commercial or industrial operations involving the removal of nonrenewable natural resources such as ore, topsoil, sand, gravel, rock, gas, oil or any operations having similar characteristics. Said use includes the use of heavy equipment such as loaders, dozers, backhoes and crushers. 79. Restaurant. An establishment whose principal business is the sale of food and /or beverages to customers in a ready -to- consume state and whose principal method of operation includes one or both of the following characteristics: a. Customers, normally provided with an individual menu, are served their foods and beverages by a restaurant employee at the same table or counter at which the food and beverages are consumed; and /or b. A cafeteria -type operation where food and beverages generally are consumed within the restaurant building. 80. Restaurant, fas -food. An establishment whose principal business is the sale of quickly prepared, ready -to -eat food and /or beverages for consumption within the restaurant building, ; within a motor vehicle parked on the premises, or off the premises as carry-out orders, and whose principal method of operation includes the following characteristics: orders are generally taken at a main counter or drive -up window and food and /or beverages are usually served in disposable wrapping or containers. This includes drive -in and carry-out restaurants. 81. Right -of -way. An area or strip of public land which incorporates or is intended to be occupied by, but not limited to, streets, alleys, sidewalks, bike paths, curbs, gutters, landscaping and /or public utilities. 82. Salvage yard (auto wrecking, scrap, junk). Any area used for the storage, keeping or abandonment of junk or waste material, including scrap metal or other scrap materials, or forthe dismantling, demolition or abandonment of automobiles, machinery, other vehicles or parts thereof. 83. School. Any public, religious or nonprofit facility providing a general curriculum of academic or vocational instruction serving any or all grades between kindergarten and twelfth grade. 84. School, commercial. A facility providing commercial instruction in such activities as music, dance, arts, crafts and sailing. 85. School, adult vocational. A facility providing a general curriculum of adult academic or vocational instruction. 86. Setback. The required minimum distance from a right -of -way or lot line that establishes the area within which only fencing, landscaping, driveways, parking and similar uses are permitted. Any structure including, but not limited to, decks, stairways, porches or other attachments to a building are specifically prohibited in the setback. Building eaves are permitted to extend into the setback a maximum of two feet. 87. Shopping center. A single complex which provides a combination of retail establishments designed in such a manner as to provide convenience for shoppers with common parking facilities. Includes mall. (Single - family, attached. See Dwelling) (Single- family, detached. See Dwelling) 88. Solid waste facility. A disposal site employing an engineering method for disposing of solid wastes in a manner that minimizes environmental hazards. Includes landfill, compactor, transfer, etc. d( http: / /library.municode.com /print. aspx ?h= &clientlD =13 526 &HTMRequest =http %3 a %2f%... 7/2/2013 Municode Page 13 of 14 89. Storage. A structure or designated area that provides space for storing. a. Container. An accessory storage use consisting of containers such as semi - tractor vans, shipping containers and conex containers originally designed to transport goods and materials via highway, rail, air or sea, which are placed on a parcel of land and used for covered storage provided that all wheel assemblies have been removed, and the unit is located outside any setbacks. Containers are not allowed within the front 50 percent of the parcel except in the Industrial Zoning District. Containers are considered a structure and must comply with current adopted building codes. Railroad box cars are excluded except in the Industrial Zone. (See Accessory use /Building, Building, and Structure.) b. Outdoor. The commercial keeping, in an unroofed area and usually enclosed by a fence, of any goods, junk, material, merchandise or vehicles in the same place for an extended period of time. In the harbor commercial area, the use is limited to the storage of boats only. c. Self- service. A building or group of buildings consisting of individual, small, self - contained units that are leased or owned for storage of business and household goods or contractors' supplies. Includes mini warehouses. d. Warehouse and distribution. A building used primarily for the storage and distribution of goods, products, materials, supplies and equipment, but excluding bulk storage of materials that are flammable or explosive or that create hazardous or commonly recognized offensive conditions. 90. Street. A dedicated public way which affords the principal means of access to abutting property, such as an avenue, place, drive, boulevard, highway or other similar public thoroughfare, except an alley as defined herein. 91. Structure. Anything constructed or erected on the ground or attached to something having location on the ground, including, but not limited to, buildings, towers, and sheds. Fences, retaining walls less than three feet in height, signs and similar improvements of a minor character are excluded. 92. Surface, durable. Means brick, flag -type stone, gravel, cement, or asphalt. 93. Temporary structure. A structure without any foundation or footings as allowed by the adopted building code. 94 . Trailer. A structure standing on wheels, towed or hauled by another vehicle and used for carrying materials, goods or objects or as a temporary office or business. 95. Transient merchant. Any person, partnership, firm or corporation, whether a resident of the city or not, who engages in a temporary business, within a period not exceeding 150 consecutive days in a calendar year, of selling and delivering goods and /or services, wares and merchandise for profit or nonprofit within the city by operating on a door -to -door, street corner or similar basis; or from no fixed location or office; or from a location out -of -doors or in quarters that are easily moveable, such as a temporary leased area or space, motor vehicle, trailer or tent. Includes peddlers, solicitors, itinerant merchants and vendors. Does not include vehicles for hire. (Two - family or duplex. See Dwelling) (Unit, dwelling unit. See Dwelling) 96. Utility, public facility. An installation owned by an agency under public franchise or ownership, or under certificate of convenience and necessity, providing the public with electricity, gas, heat, steam, communication, water, sewage collection or other similar service. 1 Cn http:// library. municode .com / print. aspx? h= &clientID =13526 &HTMRequest =http %3 a %2f %... 7/2/2013 Municode Page 14 01 14 97. Vehicle, motor. A self - propelled device used for transportation of people or goods over land surfaces and licensed as a motor vehicle. 98. Vending. The sale of food, services or merchandise. a. Mobile unit. Any type of vehicle or wagon which is designed to be readily movable and from which services are provided or any food or beverage is prepared for immediate consumption and sold or offered for sale to the public at any location, whether on private or public property. b. Street. The sale of food, services or merchandise from a cart, stall or vehicle located in any public right -of -way. 99. Veterinary hospital. A facility, which may include animal runs, in which veterinary services are rendered to animals and domestic pets and which may include clipping, bathing, boarding and other services. Includes veterinary clinic. (Watchman or caretaker dwelling. See Dwelling) 100. Water-dependent A use or activity which can be carried out only on, in or adjacent to water areas because the use requires access to the water body for water -borne transportation, recreation, energy, production or source of water. 101. Water - related. Uses which are not directly dependent upon access to a water body but which provide goods or services that are directly associated with water - dependent land or waterway use and which, if not located adjacent to water, would result in a public Toss of the quality of goods or services offered. 102. Yard. A required open space on the same lot with a main building, unoccupied or unobstructed from the ground upward, except as otherwise provided in this chapter. a. Front. The area extending across the full width of a lot, measured between the front lot line and the nearest exterior wall of the building, front of a bay window or the frQp of a covered porch or other similar projection, whichever is the nearest to the front lot line. b. Rear. A yard extending across the full width of the lot between the most rear extension of the main building and the rear lot line. The depth of the required rear yard shall be measured horizontally from the point of the rear lot line nearest to the main building. In cases of double frontages and corner lots, there are no rear yards, only front and side yards. c. Side. A yard between a main building and side lot line, extending from the front yard to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest part of the main building. 103. Zero -lot line. The location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line. (Orci. 626 § 3, 1989: Ors]. 533, § 1, 1990; Orcl. 92 -02. On] 92-14. Old. 93 -05. Ord. 94 -26; Ord. 95 -07; Ord. 95.17: Ord. 96 -0 Ord. 97 -12; Ord. 95 -02; Ord 95 -06: Ord. 9` (,12. Ord 99 -01: Ord. 99.10: Ord 99.16. § 3. 1999; Ord. 2003 -09: Ord, No. 2010.005. § 1, 10 -11 -2010 Or €1. No. 2011004, § 1, 5- 29_2012) b http: / /library.municode. com/ print. aspx? h= &clientlD =13 526 &HTMRequest =http %3 a %2f%... 7/2/2013 Municode Page 1 of 4 Seward, Alaska, Code of Ordinances » SUPPLEMENT HISTORY TABLE » TITLE 5 - REVENUE AND FINANCE » Chapter 5.45. Hotel /Motel Room Tax » Chapter 5.45. Hotel/Motel Room Tax in 5.45.015. Levy Definitions. 1 5.45.015. Levy of tax. � ✓��'�',' � I 0 ' ' b1•1 'S Pk" S 55.020. Payment and collection of tax. ' V 545.025. Tax receipts, returns and records. 5,4 �O 5.030. Confidentiality of returns. �-1 ' l 5.45.035. Operators certificate of registration. 5,45,040. Prohibited acts. collections penalty, 5.45.045. Regulations. 5.45.410. Definitions. As used in this chapter: City manager means the city manager of the city or the designee of the city manager. Guest means a person paying or agreeing to pay monetary consideration for the use of a room or rooms in a hotel /motel for a term of less than 30 consecutive days. Hotel /motel me ns a structure or portion of a structure located in the city which is rented or offere erm of less than 30 days for dwelling, lodging or sleeping purposes and includes hotel, motel, bed and breakfast, inn or similar structures, but excludes a structure or part of a structure rented or offered for rent solely in connection with a principal business or institutional purpose other than providing meals, lodging, entertainment or recreation; for example, a hospital or university dormitory. Operator means a person who furnishes, offers for rent or otherwise makes available rooms in a hotel /motel for monetary consideration whether acting directly or through an agent or employee. Quarter means a three -month period commencing January 1, April 1, July 1 or October 1. Rent means the amount paid as monetary consideration for the use of a room or rooms in a hotel /motel by a guest. Rent includes all monetary consideration payable as a condition of obtaining lodging, regardless of whether the consideration entitles the guest to services other than lodging (for example, meals) where the consideration is payable regardless of whether the guest uses such other services. 5.45.15. Levy of tax. (a) eQ'‘.1\‘‘ icf= http: // library. municode .com /print.aspx ?h= &clientID= 13526 &HTMRequest = http %3a %2f /o... 7/2/2013 Municode a_e 2 of 4 There is hereby levied a tax on all hotel /motel rent equal to four percent of the hotel /motel rent. (b) Rent paid by the United States or the state is exempt from the tax levied by subsection (a) of this section insofar as the United States and the state are immune from taxation. (Initiative r , t Ord, No, 2011 -006, 5 1, 12- 12- 2011) 5.45.020. Payment and collection of tax. The guest is responsible for paying the tax levied by this chapter, and the tax shall be due and payable at the time rent subject to the tax is due and payable. The operator shall collect the tax when the operator collects the rent. The operator shall state the tax as a separate item on the guest's bill. (Initiative Ord. 95 -01) 5.45.025. Tax receipts, returns and records. (a) Title to all tax collected under this chapter vests in the city upon collection. The operator shall segregate the hotel /motel tax that it collects from any of its other funds and safeguard the tax that it collects until transmitted to the city as provided in this section. (b) Except as provided in subsection (c) of this section, an operator shall submit to the city manager a return on a form prescribed by the city of the hotel /motel tax collected during each quarter on or before the last day of the month immediately following the end of the quarter. (c) An operator who within the past six months (i) has failed to file either a hotel /motel tax return or pay hotel /motel tax when due, and (ii) has not cured such failure within ten days after the city has mailed written notice thereof to the operator, shall submit to the city manager a return on a form prescribed by the city of the hotel /motel tax collected during each month on or before the last day of the following month. (d) The operator shall sign the return and transmit it together with the related hotel /motel tax on or before the date the return is due. An operator that fails to deliver hotel /motel tax to the city on or before the due date of the related return shall incur a penalty equal to ten percent of the amount of the delinquent hotel /motel tax. In addition, the delinquent hotel /motel tax shall bear interest at a rate of ten percent per year, compounded monthly, from the date of delinquency until paid. (e) Every operator shall maintain records of all hotel /motel rooms rented, rent collected and rent exempt from hotel /motel tax, and such other books and accounts as are necessary to determine the amount of hotel /motel tax the operator is required to collect. All such books and records shall be maintained for a period of not less than three years and shall be available for examination at reasonable times by the city manager to determine the correctness of a return or the amount of hotel /motel tax payable or collected. (f) When an operator fails to file a return as required by subsection (b) or (c) of this section, or when the city manager finds that a return filed by an operator is not supported by the records to be maintained under subsection (e) of this section, the city manager may prepare and file a return on behalf of the operator. Hotel /motel tax estimated on a return filed on behalf of the operator under this subsection may be premised upon any information that is available to the city manager including, without limitation, comparative data for similar businesses. An operator for whom an involuntary return is filed under this subsection shall be liable for the I http: / /library.municode. com/ print. aspx? h= &clientlD =13 526 &HTMRequest= http %3 a %2f%... 7/2/2013 Municode Page 3 of 4 hotel /motel tax stated on the return as well as the penalties and interest provided in subsection (d) of this section and in section 5.45.040 of this chapter. (initiative Ord. 95 -01) 5.45.030. Confidentiality of returns. (a) All returns filed under this chapter and all data obtained from such returns are confidential and may not be inspected by persons other than those authorized to enforce the provisions of this chapter. (b) Subsection (a) of this section does not prohibit the city from collecting or publishing statistical data devised from returns filed under this chapter, provided that the data are cumulative and do not identify particular returns or operators. (Irrrtiativc) Ord. 95 -01) 5.45.035. Operator's certificate of registration. (a) No person may engage in business as a hotel /motel operator in the city without first obtaining a certificate of registration under this section. A separate certificate is required for each of an operator's hotel /motel locations. (b) An operator shall apply to the city clerk for a certificate of registration on a form prescribed by the city not later than ten days from (i) the later of the effective date of this chapter and the date of commencement of its business as an operator, and (ii) the date it commences business at a new hotel /motel location. (c) The certificate of registration shall be displayed prominently at the registered place of business. (d) A certificate of registration may not be assigned or transferred. If an operator ceases to engage in business as an operator at the registered place of business or changes its form of business organization, the certificate of registration expires and shall be surrendered to the city clerk for cancellation. /trii}aative tied, u5 -01) 5.45.040. Prohibited acts, collections, penalty. (a) No person may fail or refuse to pay the tax imposed by this chapter to an operator authorized to collect the tax. (b) An operator may not advertise or state to the public that the hotel /motel tax or any part thereof will be assumed or absorbed by the operator, will not be added to the rent, or will be refunded. (c) Hotel /motel taxes due but not paid, or collected but not transmitted to the city, may be recovered in an action at law against the operator. Tax returns shall be prima facie proof of taxes collected but not transmitted. (d) An operator who willfully fails to collect the tax levied by this chapter shall be subject to a civil penalty equal to twice the amount of the tax which should have been collected. I ;tiira ive O/r1. )5 -01) 5.45.045. Regulations. (a) 1 V\ http: // library. municode.com / print. aspx? h= &clientlD= 13526 &HTMRequest= http %3 a %2f%... 7/2/2013 Municode Page 4 of 4 The city manager may adopt regulations upon approval by the city council applying and interpreting this chapter and may prescribe forms required for the administration of this chapter. (b) A guest or an operator may apply to the city manager for a ruling on the application of this chapter to the guest or operator. If the city manager determines that such a ruling has general application, it may be adopted as a regulation upon approval by the city council. (tnitiativo Ord 95 -01) FOOTNOTE(S): • _- (7) — . . Editor's note This tax was established by initiative petition and was approved by a majority of those voting at the October 1995 regular election. (Back) 1VD\ .http: / /library.municode. com /print.aspx ?h= &clientlD =13 526 &HTMRequest =http %3 a %2f%... 7/2/2013 Memorandum of sew Meeting Date: July 8, 2013 44,-V14.11 G From Jean Lewis, Temporary Deputy City rk. To: Mayor Seaward, City Council 41 tASr -P Agenda Item: Discussion: 110 Anniversary of Founders Day and Japanese Delegation As you know, we have three Obihiro dignitaries coming to Seward August 26 through August 30, 2013, along with two staff members from their International and Domestic Relations Section. The three dignitaries are: • Obihiro Mayor, Norihisa Yonezawa • Obihiro City Council President, Katsunori Nohara • Mayor's Office Manager, Toshihiko Sekiguchi Attached is a preliminary working schedule for those days. Looking to discuss this agenda, get ideas and Mayor /Council guidance as to the actual Founder's Day event. Some talking points and needs for discussion are: • Who wishes to be the driver to pick -up and drive back and forth to Anchorage? Around town? • What is Mayor /Council's wishes as to the Founder's Day Public Celebration? • How big do you want this event, and do you wish to invite other guests, ie; Japanese Consul or Mrs. Kawabe? • Should a committee be formed to put on this event? • Who from Mayor /Council can be available for dinners or lunches? Accompany delegation on events? • Mayor speeches? • Gift ideas? • Ideas for the Informal introduction as the van arrives at city hall? Your direction will be needed this evening to put the finishing touches on this Delegation schedule and define the Founder's Day Public Celebration that we have invited them to. Tha, y•u. Le. vis NOTES /IDEAS rr 11 110 Founders Day Japan Delegation Tentative Working Schedule Day Date Time Destination Detail /Notes Mon 8/26 1:35pm Delegation Arrives in Anchorage 1:35- 2:30pm Luggage pickup and load van 2:30- 5:OOpm Scenic Drive down Seward Hwy. 5:OOpm Arrive Seward, Alaska 5- 6:OOpm Dignitaries Check into Hotel Holiday Inn Express Sandwiches & Cake 6- 7:OOpm Public Welcome Obihiro Delegation at City Hall During live meeting 7:OOpm Informal Introduction by Mayor /City Council 7:30pm Hotel and Free time — Get settled Tues 8/27 6- 10:OOam Continental Breakfast at Hotel One Shot Photo Kenai Fjords Wildlife Boat Tour Seaveys Iditaride or helicopter tour Dinner w /Mural Society Possible Master Chef contest results Hotel and Free time Wed 8/28 6- 10:OOam Continental Breakfast at Hotel LUNCH with Mayor, Council, staff One Shot Photo Seward Drive Tour with Mayor, City Mgr. - -Ak Sealife Center behind scenes tour -- Seward Fisheries tour - -LTCF, SMIC, Prison, etc 7:00ish? Seward Founder's Day Public Celebration At ASLC ? -- Public Thurs 8/29 6- 10:00am Continental Breakfast at Hotel Possibly some free (Undecided) time? Josh wanted earlier 3:OOpm Leave Seward to Anch. 3- 5:30pm Drive Seward to Anchorage 5:30pm Hotel Stay Fri 8/30 5- 5:45am Wake up call — Leave hotel 6:OOam Hotel drive to airport 7:30am At airport 8- 11:OOam Flight leaves Anch Drive rental van back to Seward 1l Memorandum of sew Meeting Date: July 8, 2013 ,c q�, From: Jean Lewis, Temporary Deputy City Cle To: Mayor Seaward, City Council IcASwP Agenda Item: Discussion on council establishing local co -op organic farming by providing small chemical -free city vacant Tots /land /parks. This item was placed on the agenda by Mayor David Seaward after listening to conversations by members of the public. The goal is to provide small chemical free vacant city lots /land /parks at low or no cost for organic farmers to grow food. The Parks and Recreation Department could oversee the program and establish guidelines and identify chemical -free vacant lots/ land /park areas. The purpose of providing city lots /land /parks is because many organic farmers do not own or cannot afford land to grow food. An established program would remove many of the hurdles of starting a small organic farm. The City of Seward would greatly benefit by its commitment to organic farmers in providing a safe environment, education, affordable, locally grown and healthy food for the community. The program would stimulate the public's interest in sustainable entrepreneurial organic farming, strengthen the local food system and increase access to healthy and local food. Some start-up barriers such as cost of seeds, equipment, utilities, capital improvements and access to city -owned land would have to be assessed. The program could collaborate with existing community programs to insure its success and the importance of sustainable food systems, economic development and emergency food preparedness in our community. Intent: To see if there is enough City Council support to pursue this type of program for the future. NOTES r Clerks Note: Attached is an introduction page and Alaska contact information from the Small Farm Resource Guide. There is an abundance of information on CSA's or Community- supported agriculture on the internet, but may be a different type of program than what is being suggested here. Some aspects could be adopted, so have supplied a definition and background of CSA's from Wikipedia for your information. INTRODUCTION The Small Farm Resource Guide provides a listing of USDA and other federal agencies, the land -grant university system, and other public and private sector organizations, including community based organizations, that offer small farm and ranch expertise or information relevant to small production enterprises. The United States Department of Agriculture (USDA) is committed to meeting the needs of small scale agriculture; our goal is to increase awareness of the numerous programs serving small farms and ranches. The intent of this guide is to complement and not duplicate other resources, and we hope you will find it helpful in linking you to programs and resources that address the needs of small scale producers. Entries in the Guide are listed by state, and generally include a description of programs relevant to small scale farmers and rancher, contact information, and, as appropriate, selected publications. Most of the entries have been provided by the organizations themselves. Please let Small Farm Program staff know of any other relevant organizations or resource materials that should be included. These suggestions will be considered for subsequent updates of this guide. IVl • The Small Farmer Outreach T aining P. 0. Box 949 and Technical Assistance Pr•,ect Palmer, AK 99645 -0949 Sustainable Agriculture and Rural Phone: (907) 761 -3867 Community Development Fax: (907) 745 -7112 Summer Internships and .ummer Youth College • Agricultural Plasticultur- Research UNIVERSITY OF ALASKA , nd Technology Transf -r Program • A ificial Inseminatio Program description • Goat Research Our staff share their research and • Pl. t and Soil Scie ce and Organic extension information concerning Ag culture production, business, and marketing • The ontgomery -tate Farmers' skills with Alaskan growers. These skills Mark -t Project result in more profitable farm operations. Tuskegee niversi y also hosts the Profession. Agri Itural Workers Contact Conference, whi is an on -going annual Milan Shipka, Department Head activity sinc 1: 2. Plant, Animal & Soil Sciences University of Alaska- Fairbanks The Farmers' ■conference has been an P.O. Box 757200 annual traditi) since 1892, and it Fairbanks, AK 99775 -7200 reaches a st- e ide audience. Phone: (907) 474 -7429 Fax: (907) 474 -6184 Contacts E -mail: ffmps @uaf.edu Ntam Bahq anyi Tuskegee ,Univers` ty Publications George ashingt. Carver Numerous publications on farming in Agricult al Experi ent Station Alaska are available from the Tuskeg , AL 3608: Cooperative Extension Service, the Phone: 334) 727 -:454 Agricultural and Forestry Experiment Fax: ( 34) 727 -855► Station, and the School of Natural E -mai : baharan • t ske•ee.edu Resources and Agricultural Sciences at Robe Zabawa the University of Alaska Fairbanks. Tus egee University Publications from the Alaska Cooperative Ge ge Washington a. rver Extension Service are listed at Ag icultural Experime t Station http://www.uaf.edu/coop- T skegee, AL 36088 ext /publications /index.html. P one: (334) 727 -811- ax: (334) 724 -4451 -mail: zabawar tusk..du Publications from the School of Natural Resources and Agricultural Sciences are listed at: A ^ http://www.uaf.edu/snras/afes/pubs/index.htm I v\ Contact ALASKA DIVISION OF AGRICULTURE ACE Communications, U. Alaska P.O. Box 756180 Contact Fairbanks, AK 99775 -6180 Larry DeVilbis, Director Phone: (907) 474 -6369 Alaska Division of Agriculture E -mail: fvcit©uaf.edu -4- Community - supported agriculture - Wikipedia, the free encyclopedia Page 1 of 4 Community - supported agriculture From Wikipedia, the free encyclopedia Community- supported agriculture (CSA; sometimes known as community - shared agriculture) is an altemative, locally -based economic model of agriculture and food distribution. A CSA also refers to a particular network or association of individuals who r " have pledged to support one or more local fauns, with growers and consumers sharing the risks and benefits of food production. CSA members or subscribers pay at the onset of the growing season for a share of the anticipated harvest; once harvesting begins, they receive weekly shares of vegetables and fruit, in a vegetable box scheme. Many CSAs also sometimes include herbs, cut flowers, honey, eggs, dairy products and meat. In theory a CSA can provide any product to its members, although the majority of CSA tend to provide produce and other comestibles. Some CSAs provide for contributions of labor in lieu of a portion of subscription costs. k 1 An example of a week's CSA share, Contents including bell peppers, okra, tomatoes, beans, potatoes, garlic, eggplant, and • 1 History squash. • 2 The CSA system • 2.1 Structure • 2.2 Ideology • 2.3 Distribution and marketing methods • 3 Benefits • 4 CSAs around the world • 4.1 Orti Solidali (Italy) • 5 See also • 6 References • 7 Additional reading • 8 External links History Community- supported agriculture began in the United States in the 1980s, influenced by European biodynamic farming ideas formulated by Rudolf Steiner.W Two European fanners, Jan Vander Tuin from Switzerland and Trauger Groh from Germany, brought European biodynamic farming ideas to the United States in the mid- 1980s. Vander Tuin had co- founded a community- supported agricultural project named Topinambur located near Zurich, Switzerland. Coinage of the term "community- supported agriculture" stems from Vander Tuin. � This influence led to the separate and simultaneous creation of two CSAs in 1986. The CSA Garden at Great Barrington was created in Massachusetts by Jan Vander Tuin, Susan Witt, and Robyn Van En. The Temple- Wilton Community Farm was created in New Hampshire by Anthony Graham, Trauger Groh, and Lincoln Geiger."' The CSA Garden at Great Barrington remained together until 1990 when many members left to form the Mahaiwe Harvest CSA. One of the original founders, Robyn Van En, became incredibly influential in the CSA movement in America and founded CSA North Amenca in 1992. The Temple- Wilton Community Garden was more successful and still operates as a CSA today. It became an important member of the Wilton community and it receives funding from state, federal, and local sources."' Since the 1980s, community supported farms have been organized throughout North America — mainly in New England, the Northwest, the Pacific coast, the Upper - Midwest and Canada. North America now has at least 13,000 CSA farms of which 12,549 are in the US according to the US Department of Agriculture in 2007." The rise of CSAs seems to be correlated with the increase in awareness of the environmental movement in the United States.Some examples of larger and well established CSAs in the US are Angelic Organics and Roxbury Farm. CSAs have even become popular in urban environments as proven by the New York City Coalition Against Hunger's own CSA program that maintains locations in all five boroughs of the city. The largest subscription CSA with over 13,000 families is Farm Fresh To You in Capay Valley, California. The Quebec CSA network (17 years old in 2012) is one of the larger in the world. It is a unique system where a non -profit organization reach the customers for the farmers and provide these fanners with technical support. More than one hundred farms are part of this network. Since 2008, the international CSA network Urgenci has been coordinating dissemination and exchange programmes that have resulted in the creation of dozens of small scale CSA in Central and Eastern Europe. The CSA system CSAs generally focus on the production of high quality foods for a local community, often using organic or biodynamic farming methods, and a shared risk membership – marketing structure. This kind of farming operates with a much greater degree of involvement of consumers and other stakeholders than usual — resulting in a stronger consumer- producer relationship. The core design includes developing a cohesive consumer group that is willing to fund a whole season's budget in order to get quality foods. The system has many variations on how the faun budget is supported by the consumers and how the producers then deliver the foods. CSA theory purports that the more a farm embraces whole -farm, whole- budget support, the more it can focus on quality and reduce the risk of food waste or financial loss. Structure Community- supported agriculture farms in the United States today share three common characteristics: an emphasis on community and/or local produce, share or subscriptions sold prior to season, and weekly deliveries to members /subscribers. Though CSA operation varies from fame to farm and has evolved over time, these three characteristics have remained constant. The functioning of a CSA also relies on four practical arrangements: for farmers to know the needs of a community, for consumers to have the opportunity to express to farmers what their needs and financial limitations are, for commitments between farmers and consumers to be consciously established, and for farmers needs to be recognized. ° ' From this base, four main types of CSAs have been developed: • Farmer managed: A fanner sets up and maintains a CSA, recruits subscribers, and controls management of the CSA. • Shareholder /subscriber: Local residents set up a CSA and hire a farmer to grow crops, shareholders/subscribers control most management. • Farmer cooperative: Multiple fanners develop a CSA program • Fanner- shareholder cooperative: Fanners and local residents set up and cooperatively manage a CSA." 1 \� https: / /en.wikipedia.org /wiki /Community - supported_ agriculture 7/1/2013 Community- supported agriculture - Wikipedia, the free encyclopedia Page 2 of 4 In most original CSAs, a core group of members existed. This core group of members helped to make decisions about and run the CSA including marketing, distribution, administrative, and community organization functions. CSAs with a core group of members are most profitable and successful. However, in 1999, 72 percent of CSAs did not have a core group of members. CSAs with a core group of members operate more successfully as a fanner-shareholder cooperative and CSAs without a group of core members rely much more on subscriptions and run most prominently as shareholder /subscriber CSAs. In its most formal and structured European and North American forms CSAs focus on having: • A transparent, whole season budget for producing a specified wide array of products for a set number of weeks a year; • A common- pricing system where producers and consumers discuss and democratically agree to pricing based on the acceptance of the budget; and • A `shared risk and reward' agreement, i.e. that the consumers receive what the farmers grow even with the vagaries of seasonal growing. Meaning that individuals, families, & /or groups do not directly pay for x pounds or kilograms of produce but rather support the budget of the whole farm and receive weekly what is seasonally ripe. This approach eliminates the marketing risks, costs for the producer and an enormous amount of time and labor, and allows producers to focus on quality care of the soils, crops, animals and co- workers as well as on serving the customers. There is financial stability in this system which allows for thorough planning on the part of the farmer. Some farms are dedicated entirely to their CSA while others also sell through on -fann stands, farmers' markets and other channels. Most CSAs are owned by the farmers while some offer shares in the farm as well as the harvest. Consumers have organized their own CSA projects and have gone as far as leasing land and hiring farmers. Many CSAs have a core group of members that assist with CSA administration. Some require or offer the option of members providing labor as part of the share price. Some CSAs have evolved into social enterprises employing a number of local staff, improving the lot of local farmers and educating the local community about organic and ecologically responsible farming. Typically CSA farms are small, independent, labor - intensive family farms. By providing a guaranteed market through prepaid annual sales consumers essentially help finance fanning operations. This allows farmers to not only focus on quality growing but can also level the playing field in a food market that favors large - scale, industrialized agriculture over local food. Vegetables and fruit are the most common CSA crops. Many CSAs practice ecological, organic or biodynamic agriculture by avoiding pesticides and inorganic fertilizers. The cost of a share is usually competitively priced when compared to the same amount of vegetables conventionally grown — partly because the cost of distribution is lowered. Ideology Community- supported agnculture in America was influenced by the ideas of Rudolf Steiner, an Austrian philosopher. He developed the concepts of anthroposophy and biodynamic agriculture. The Temple- Wilton Community Farm used his ideas to develop three main goals of CSAs: • New forms ofproperry ownership: the idea that land should be held in common by a community through a legal trust, which leases the land to farmers • New forms of cooperation: the idea that a network of human relationships should replace the traditional system of employers and employees • New forms of economy: that the economy should not be based on increasing profit, but should be based on the actual needs of the people and land involved in an enterprise As CSAs have increased in both number and size since they were first developed, they have also change ideologically. While original CSAs and some more current CSAs are still philosophically oriented, most CSAs today are commercially oriented and community- supported agriculture is predominantly seen as a beneficial marketing strategy. This has led to three ideologically based types of CSAs. The first type is instrumental, the CSA is considered a market in the traditional sense, instead of an alternative form of economy and relationship. The second type is functional; there is a relationship of solidarity between the fanner and the subscribers, but this extends mostly to social functions, not managerial or administrative functions. This is the most common type of CSA. The final type is collaborative; this is the closest to the original aims of CSAs where the relationship between the farmer and the subscribers is seen as a partnership. Distribution and marketing methods Shares of a CSA originally and predominantly consist of produce. In more recent years, shares have diversified and include non - produce products including eggs, meat, flowers, honey, dairy and soaps. Share prices vary from CSA to CSA. Shares are sold as full shares, which feed 2 through 5 people, and half shares, which feed 1 through 3 people. Prices range from $200 to $500. Full shares are sold at a median of $400 and half shares are sold at a median of $250. Share prices are mostly determined by overhead costs of production, but are also determined by share prices of other CSAs, variable costs of production, market forces, and income level of the community. Many CSAs have payment plans and low- income options. Shares are distributed in several different ways. Shares are most often distributed weekly. Most CSAs allow share pick up at the farm. Shares are also distributed through regional drop off, direct home or office drop off, farmers markets, and community center/ church drop off CSAs market their farms and shares in different ways. CSAs employ different channels of marketing to diversify their sales efforts and increase subscriptions. CSAs use local farmers markets, restaurants, on -farm retail, wholesale to natural food stores, and wholesale to local groceries in addition to their CSAs to market shares. One problem that CSAs encounter is over - production. So, CSAs often sell their produce and products in ways other than shares. Predominantly, CSA farms also sell their excess products at local farmers markets. CSAs that also sell their products at fanners markets are more profitable than those who do not. Excess products are also often given to foods banks. [91 Benefits Community supported agriculture was originally developed as a comprehensive plan to benefit the community, environment and farmer. Even though most CSAs do not run completely in this original method, community supported agriculture still benefits the environment, the community, and the farm/farmer. CSAs provide access to local, fresh produce. Additionally, a 66% CSAs farm by organic practices, 15% farm by mixed practices, 18% of CSAs are certified organic, and only 1% of CSAs farm using conventional methods. The environmental benefits of CSAs are simple. Since CSA produce is locally grown and drstibuted, the transportation that traditionally grown produce is not necessary and fuel and energy costs are minimized because of this Because most CSAs run organically or are certified organic, pesticide and fertilizer use is also diminished CSAs also benefit the community m which they are established. Though most CSAs do not fully integrate the community into their operation, as they were originally intended to do, CSAs still have a positive impact on the community. A large majority of CSAs organize social or educational community events. Events include potlucks, faun tours, events for children of shareholders, and educational opportunities for the community and local schools. CSAs often donate unclaimed shares, organize donations from shareholders, donate a portion of their harvest to food banks, and have scholarships. Many CSAs also offer work -trade programs for low- income members of the community. [ https://en.wikipedia.org/wiki/Community-supporteu_agriculture 7/1/2013 Community- supported agriculture - Wikipedia, the free encyclopedia Page 3 of 4 CSAs most effectively benefit the farm/farmer. CSA farms make more money than non -CSA farms, even though they are predominantly and significantly smaller than traditional farms. 63% of CSA farms reported having an income of $20,000 or more while only 38.5% of non -CSA farms reported having an income of $20,000 or more. More than 25% of CSAs have a gross income of $40,000 to $99,999. CSA are also less reliant on non -farm incomes. Because the growing and selling season is only during part of the year, traditional farms often rely on non -farm income during this time. 55% of CSAs have a non -farm income of less than $10,000 and a majority of CSAs have a non -faun income of less than $1000. While CSAs benefit the farmer economically, they are still not an incredibly lucrative business. Most CSA farmers run CSAs because they are passionate about it, because it increases their quality of live, and because it helps to cover costs. CSAs around the world The term CSA is mostly used in the USA but a variety of similar production and economic sub - systems are in use worldwide: • Association pour le maintien de 1'agriculture paysanne (AMAP) in France • Agriculture soutenue par la communautd (ASC) in Quebec • Teikei (# tA) in Japan • Recipmco in Portugal • Solidarische Landwirtschaft in Germany • Andelslandbruk in Norway • Gruppi di Acquisto Solidale (GAS) in Italy, (see also, Ethical purchasing groups) • Cbnpuvacmuo sextedenue in Bulgaria • Asocialia pentru Suslinerea Agriculturii Tclydnesti (http: / /asat.ecosapiens. ro /) (ASAT) in Romania • Grupa solidarne razmjene ( http:/ /www.grupasolidarnerazmjene.ned) (GSR) in Croatia All these different models are represented in the intemational network, Urgenci, under the terminology of local and solidarity -based partnerships between producers and consumers. Some of them have been documented in Urgenci's newsletter, Teikei. The Romanian, Croatian and Bulgarian models were directly implemented as a result of Urgenci's dissemination programmes. Orti Solidali (Italy) Orti Solidali (meaning Solidarity Gardens) is an example of a CSA project in Italy; the reasons for participating are mostly ethical. Participants' commitment to sustainable, local produce protect the development of the network from mainstream market forces, allowing it to develop independently and flourish. Key to its success are shared ethical and environmental values, as well as the nature of the relationships that are formed, which help to shape and constitute this protective environment. Orti Solidali uses a sustainable agronomic method for food production and supplies locally - sourced produce while providing revenue and fair working conditions for the producers. With one of the aims being the reduction of economic growth, also known as degrowth, the objective is to transition to a new economic system based on environmental protection and social equity. See also • Civic agriculture • Community supported fishery • Development Supported Agriculture • Farmers' market • Local food • Sustainable agriculture • Vegetable box scheme • WWOOF References 9 ^ a c '' Survey of Community Supported Agriculture Producers 1. ^ • e C a `1s "History of Community Supported Agriculture, Part ( http: / /api.ning.com/files /3FyohVhrK- 1" ( http:// www .newfann.org/features/0104/csa- history/partl.shtml) (2005), Rosdale m5eIn2G2jfkF2vpDUXaYlfQtspRUvy4u2WE1tMaovZ673Tnfo *fd8T3ysBa9nc.lb4Z811 Institute, accessed 05 -15 -2013. University of Kentucky, accessed 05 -15 -2013. 2. ^ "Community Supported Agriculture" ( http: // attra .ncat.org /attra- pub/PDF /csa.pdf) 10. ^ "Community Supported (PDF). Retrieved 2010 -09 -05 Agriculture" (http: / /www.thecenterforsocial research. org/ sites /defauldfiles/assests /csr /abc 3. ^ "USDA 2007 Agricultural Census Table The Center for Social Research. Accessed 05 -15 -2013. 44" (http: / /www ageensus.usda.gov/Publications/ 2007/ Ful1_Report/Volume_1,_Chapter2 1 I. ^ "Community Supported Agriculture" ( http : / /www.mrdev.usda.gov /rbs/CDP- (PDF). Retrieved 2012 -08 -09 TN20.PDF), Technotes: Office of Community Development, US Department of 4. ^ Honeybrook Organic Farm (http / /www honeybrookorganicfarm com/index html) Agriculture, accessed 05 -15 -2013. 5. ^ Roxbury farm,com (http: / /www.roxburyfarm.com/) Roxbury Farm 12. ^ [1] ( http:// www. cias .wisc.edu/wp- content/uploads /2008 /07 /csaacross pdf) "CSA 6. ^ Farm -fresh project (http: / /www.nyccah.org/ our- work/direct- food - access /farm- Across the Nation" Center for Integrated Agricultural Services. Accessed 05 -22 -2013 fresh/farm- fresh - project) 13. ^ "Devon Acres CSA: local struggles in a global food 7. ^ Mark Anderson (22 August 2010). Capay farm, distributor buys West Sac warehouse. system" (http // link. springer. com /content/pdf /10.1007 %2Fs10460 -008- 9154 -9 pdf) ( http: //bizjournals.com/sacramento /stories /2010/08/23/story3 html) Sacramento (2008), retrieved 04-11 -2013. Business Journal • n 14. `[2](http://www.ctas.wrsc.edu/wp- 8. ^ Committee on Twenty-First Century Systems Agriculture, Board on Agnculture and content / uploads / 2008 /07 /csa_survey_01.pdf) "Community Supported Agriculture Natural Resources, Division on Earth and Life Sciences (2010). Toward Sustainable Entenng the 21st Century". Accessed 23 May 2013. Agricultural Systems in the 21st Century (http: / /books.google.com/books? 15. ^ Agricultural Innovation. Sustaining What Agriculture? For What European Bio- idwdm4gMW I azgC &lpg= PT227 &dq =CSA°/ 20consumer%20farmer% Economy? 20relationship &pg= PT227#v= onepage&q &f = false). Washington, D.C.: National (http / /www tni.org/ sites/ www.t ni .org/files/download/CREPE_Final Report.pdf) page Academies Press. ISBN 9780309148962. 26 of the CREPE report Additional reading • Cone, C. A., & Myhre, A. (2000). Community- Supported Agriculture: A Sustainable Alternative to Industrial Agriculture? Human Organization 59(2), 187 -197. • DeMuth, Suzanne. (1993). "Community Supported Agriculture (CSA). An Annotated Bibliography and Resource Guide ", September. (http • Egan, Timothy. (2003). "Amid Dying Towns of Rural Plains, One Makes a Stand," New York Times, December 1. • En, Robyn Van. (1995). "Eating for Your Community: A Report from the Founder of Community Supported Agriculture," Context, Fall, p, 29. (http: / /www context org /ICLIB/IC42NanEn.htin) https://en.wikipedia.org/wiki/Community-supporteu_agriculture 7/1/2013 ,, • Main Office (907) 224 -4050 CI TY OF SEWARD 1 ` s a RY A Police (907) 224 - P.O. Box 16? ` Harbor (907) 2243138 • Fire (907) 224 -3445 410 Adams Street • City Clerk (907) 224 -4046 Seward, Alaska. 99664 -0 167 • Community Development (907) 224 -4049 • Utilities (907) 224 -4050 • Fax (907) 224 -4038 July 3, 2013 Consular Office of Japan Head of Office, Consul Koichi Funayama 3601 C Street, Suite 1300 Anchorage, AK 99503 Dear Honorable Head of Office Consul Koichi Funayama: We, here in Seward, Alaska, would like to send a::grateful thank you to you as the outgoing Head Consul in the Japanese Consulate in Anchorage, Alaska. With our student exchanges, adult exchanges, mural society and centennial celebrations for the past 45 years with Obihiro, Japan, we frequently request assistance or guidance from your office and we appreciate y our kind support. For your information, below s a rendition of `;the'mural Friendsh Across Water that will be painted and installed at the Obihiro Zoo in Septeriiber2013. You and your office staff have been extremely helpful and we . wish you the best on your future endeavors. Sincerely, David Seaward Mayor S \ ! . , ^' 47 j 5 n , i �� fd. d ` ft' 5 o. " "a' { .may 4. , h ` . , , , . tz �7 / % w*. w' ., " � r `` � ." ' s ", u" -.: g k H b ,� � ,ln,, k • 4 � �,�..cKlrt 4 } f �y " { $���iyJ � ,✓ '� (f a n"` ' , - }a '�*� . � ir l 's { .:: ,�Q$ w .. • Main Office (907) 2 2 4 -4050 CITY OF SEWARD -� `` • POlice (907) 224 -333 4 �' S �' • Harbor (907) 224 -31 P.O. Box 167 1z: • Fire 907 224 -3445 410 Adams Street ' r ;; City Clerk (907) 224 -4046 Seward, Alaska 99664 • Community D evelopment (907) 224-4049 • Utilities (907) 224-4050 '4% Fie • Fax (907) 224 -4038 July 3, 2013 Consular Office of Japan Incoming Head of Office, Consul Akira Iwanade 3601 C Street, Suite 1300 Anchorage, AK 99503 Dear Honorable Head of Office Consul Akira Iwanade: We, here in Seward, Alaska, would like to congratulate you on your new position as Head Consul for the Japanese Consulate in Anchorage, Alaska. Seward is a small town 120 miles south of Anchorage, and we have had a 45 -year sister. city relationship Obihiro, Japan. We have done student, adult and gift exchanges wig them for years. VV'e with a delegation of five dignitaries coming to Seward this August from'Qbihiro. Seward also is known as the "Mural Capital" of Alaska, As ; , a gift from the C iW p Seward, I will be travelling with members of the Mural Society to Obshiro, Japan in September'to paint a mural to be displayed at the Obihiro Zoo called. Friendship Across Water Below is a rendition of that mural. I hope to meet you soon; and don't hesitate to call'if we can assist in any way with your transition. Congratulations again on your new position. Sincerely, David Seaward Mayor ' 8-0 - - -... ,-,:-'*- , '..,„?- ' ''''IA-',..: If �.d - a ',,,x---.4-6,,,,;.,`L l 3 i ca c r � p y, � .r '� a F 4•'....'., a ''s '`y . -A1'' t � ,�'t i '''° -; 2 5 - - , I � :,.. ;,. ,,. ' Afir, .,,,,— T. s ''''' 'i.t,,,,,,, , ' , ( , ' ; . :r- -: ''. , .0 �:, 7, i -`- 34 2 �t h : i . ,rrgh a� '` y " i 6 f i p k ,` • Main Office (907) 224 -4050 CITY OF SEWARD • Police (907) 224 -3338 401, • Harbor (907) 224 -3138 P.O. Box 167 tc ` • Fire (907) 224-3445 410 Adams Street • City Clerk (907) 224 -4046 Seward, Alaska 9966401 • Community Development (907) 224 -4049 • Utilities (907) 224 -4050 • Fax (907) 224 -4038 June 27, 2013 The Honorable Norihisa Yonezawa Mayor of Obihiro Obihiro City Hall Nishi 5, Minami 7 Obihiro -shi, Hokkaido 080 -8670 JAPAN Dear Honorable Mayor Norihisa Yonezawa: Our summer has been warm and sunny so far, and we are delighting in the return of our red salmon. I hope you are having a prosperous summer as well. On behalf of the City of Seward, I hope you will accept the enclosed engraved Alaskan gold pan for the 2013 Heigen Festival (Mayor's Trophy) with our kind wishes for a very fun and successful event. Sincerely, David Seaward Mayor of Seward `D:b . , ''''' ,.•,, , . -,. , / • , . .. , . . , 1 ' • 0 . ,„..;., ,4q .,, , , ...f... :. I i 1 . ' . - ' ' 'z)"-!-.1,:-.'•,f,' ,. -- - 1 • / ,-, ,., 0°...' ,,--- ,,. ,,.,.... _,,.. ..„ ,.., , ..,„. ....„. 4410441,„„,,, • _____________ -- • Main Office (907) 224 -4050 CITY OF SEWARD exi« • Police (907) 224 -3338 P.O. Box 167 !'". • • Harbor (907) 224 -3138 • Fire (907) 224 -3445 410 Adams Street • City Clerk (907) 224 -4046 Seward, Alaska 99664 • Community Development (907) 224 -4049 • Utilities (907) 224 -4050 • Fax (907) 224 -4038 June 27, 2013 The Honorable Yoshitaka Ito Mayor of Kushiro Kushiro Shi Kanko Kokusai Center Nai Saiwai Machi 3 -3 Kushiro -shi Hokkaido 085 -0017 JAPAN Dear Honorable Mayor Yoshitaka Ito: Our summer has been warm and sunny so far, and we are delighting in the return of our red salmon. I hope you are having a prosperous summer as well. On behalf of the City of Seward, I wish you the best of luck during the annual Kushiro Port Festival, and hope you will accept the enclosed engraved Alaskan gold pan for the 2013 Funakogi Taikai Award (Mayor's Trophy) with our kind wishes for a very fun and successful event. Sincerely, David Seaward Mayor of Seward \ '1 L iNt «/ \ . \ � . » ±_ i A '. < . \ f} . / • y } / % » . \yy. • /\ \ . .. " ' a ! . � � � /' � \����' ,. / ^ Johanna Kinney From: David Seaward Sent: Friday, June 28, 2013 6:52 PM To: Johanna Kinney Cc: Brenda Ballou Subject: FW: DEC Response to Seward Coal Terminal Dust Concern Postcards Attachments: Response to Seward Coal Postcards 062613.pdf; 13 124 Postcards Clean Water Coal dust Seward.pdf FYI for Council From: Edwards, Alice L S (DEC) [alice.edwa'rds@alaska.gov] Sent: Friday, June 28, 2013 2:12 PM To: farnsworthpPakrr.com; Rob Brown; Michael Hanson; David Seaward; Jim Hunt Cc: Kent, Lynn J T (DEC); Fishwick, Claire (DEC); Edwards, Alice L S (DEC) Subject: DEC Response to Seward Coal Terminal Dust Concern Postcards FYI. Attached is a letter I sent out this week in response to around 70 postcards regarding dust at the Seward Coal Terminal. I have also attached a sample of the postcards that were received for reference purposes. DEC may receive additional postcards in the mail, so further letters may go out in the future. If you have any questions related to this response, please feel free to contact me. Alice Edwards Director Alaska Department of Environmental Conservation Division of Air Quality 410 Willoughby Ave, Suite 303 PO Box 111800 Juneau, AK 99811 -1800 email: alice. edwardsPalaska. gov< mailto :alice.edwardsPalaska.gov> phone: (907) 465 -5109 fax: (907) 465 -5129 Spam <http: / /ca nit.cityofseward. net /canit /b. php? i= 01JRWd7Ro &m= 9b6259f58364 &c =s> Not spam <http: / /canit.cityofseward. net /canit /b. php ?i= 01JRWd7Ro &m= 9b6259f58364 &c =n> Forget previous vote<http: / /canit.cityofseward. net /canit /b.php ?i= 01JRWd7Ro &m= 9b6259f58364 &c =f> • 1 1 1� ., av 7. Department of Environmental �� ,,„ �y • THE STATE Conservation , "_`.,' � 0 �� ASK � DIVISION OF MR QUALITY ., y,,, , " ; : " 1J �� €`;�ttx_ _ Director's Office ' ifi C.iOv'E:RNOR SPAN PA RNLI 1 410 Willoughby Avenue, Suite 303 0,p, .4.14 PO Box 111800 ALAS Juneau, AK 99811 1800 Main: 907465 5100 Toll free: 866 241 2805 fax: 907 465 http: / /dec.alaska.gov /air /index.htm June 26, 2013 Dear Sir or Madam, Thank you for your postcard expressing concern about air quality at the Alaska Rail Road Corporation (ARRC) coal export facility in Seward. The Alaska Department of Environmental Conservation (ADEC) Division of Air Quality is committed to protecting public health and the environment by working with operators to ensure good air quality throughout Alaska. Since the March 31, 2007 photograph shown on your postcard, ADEC has investigated dust issues and complaints in Seward and worked to address them with the ARRC. In April 2007, following investigation of dust complaints, ADEC issued an initial Notice of Violation to the ARRC. As a result of subsequent coal dust emissions, on March 17, 2008, ADEC issued a second Notice of Violation to ARRC. In resolving these violations through a Compliance Order by Consent, ARRC was required to implement measures designed to minimize dust emissions during operations such as ship loading, railcar unloading, and stockpile management. These measures included installing, operating, and maintaining dust suppression equipment such as spray bars, high pressure low volume nozzles, and a sealed chute and fogging system on transfer points. ARRC satisfied the obligations of the Compliance Order. Also during this timeframe, ADEC, in cooperation with the City of Seward and with the assistance of the Alaska Native Tribal Health Consortium and the Qutekcak Native Tribe, set up an air monitoring network to assess airborne dust within the community. The highest concentration sampled was only 36 °,•o of the National Ambient Air Quality Standard for coarse particulate matter, and according to the EPA air quality index (AQI) would be categorized as "good air quality." The dust control equipment and measures taken by the ARRC and the coal terminal operator, Aurora Energy Services (AES), to minimize dust appear to have addressed the air quality concerns at the facility. However, if you witness other instances of release of coal dust from the facility which concern you, please feel free to contact the ARCC and AES directly by email at coaldust @arcc.com or by phone at 224.3120 (coal terminal) or contact ADEC's Air Permit Program Compliance Section Manager, Jim Baumgartner (phone: 907 -465 -5108; email: jim.baumgartner@alaska.gov). Sincerely, ihe / Alice Edwards Director, Air Quality Division Clean Air bcc: Paul Farnsworth Alaska Railroad Corporation Farnsworthp@akrr.com Rob Brown Aurora Energy Services rob g usibelli.com Mike Hansen Aurora Energy Services mhansonAusibelli.com David Seaward, Seward Mayor dseaward@cityofseward.net Jim Hunt, Seward City Manager jhunt(i}city ofseward.net 1 \`\ Ms. Meg Carlson Mr. Lorne Bailey Mr. Stephen Rice 3540 Heartwood P1 1429 Medfra Street 1790 E Neil Circle #3 Anchorage, AK 99504 Anchorage, AK 99501 -5533 Wasilla, AK 99654 Mr. Joe Surber Mr. Michael Callis Ms. SueAnn I- Iamilton Bailey 4100 Allan P1 208 Mcarrey St. Apt B 1429 Medfra Street Anchorage, AK 99508 Anchorage, AK 99508 Anchorage, AK 99501 -5533 Ms. Rachael Carlson Mr. Skye Nilsson Ms. Jill Parker 3661 Burr Ct 825 Irwin Street 341 E. 2nd Ct. Anchorage, AK 99504 Anchorage, AK 99508 Anchorage, AK 99501 Mr. John Aronno Ms. Heather Aronno Mr. Ryan Knight 7020 Potomac Dr. 7020 Potomac Drive 2530 Abbey Ln., Apt #2 Anchorage, AK 99504 Anchorage, AK 99504 Anchorage, AK 99517 Mr. Evan Cole Mr. Carl Battreau Ms. Amber Wilkerson 3210 Turnagain St. #A 5017 Chess Dr. 4601 Reka Dr. Apt C29 Anchorage, AK 99517 Anchorage, AK 99508 Anchorage, AK 99508 Ms. Michelle Dannehy Ms. Sophie Auburn Mr. Jess Walsh 2378 Harbor Landing Cir 3861 Galactica Dr. 1901 Bunker St. Anchorage, AK 99515 Anchorage, AK 99517 Anchorage, AK 99503 Mr. Tom Ravens Ms. Pam Perron Ms. Karts Koett 2201 McKenzie 5039 Mills Dr. 512 E 12th Ave. Apt. 8 Anchorage, AK 99517 Anchorage, AK 99508 Anchorage, AK 99501 Mr. Jerry Ouzrs Mr. William Taygan Ms. Tuna Teaford 8933 Sahalee Dr. 22207 Banner Cir. 2475 Sprucewood 82 Anchorage, AK 99507 Anchorage, AK 99507 Anchorage, AK 99508 Ms. Kaila Ayers Ms. Francisca Rego Ms. Emily Waldo 3105 W 30th B 100 Bunnell St. #14A 401 W 16th Ave #1 Anchorage, AK 99577 Anchorage, AK 99508 Anchorage, AK 99501 Mr. Marty Schnure Ms. Lynn Gray Mr. Brian Bell 642 S Alaska St. 4331 Vance Dr. C -4 19730 E. Star Hill Dr. Palmer, AK 99645 Anchorage, AK 99508 Eagle River, AK 99577 {'(3 Mr. Dave Baumann Mr. Alan Nybers Ms. Sue Schmidt PO Box 2628 643 Pacific P1 PO Box 1813 Palmer, AK 99645 Anchorage, AK 99501 Seward, AK 99664 Mr. Brian MacMillan Mr. David Bell Mr. Luke Ellenbrock 716 0 St. #8 18206 S Birchwood 2201 McKenzie Dr. Anchorage, AK 99501 Chugiak, AK 99567 Anchorage, AK 99517 Mr. Richard Schmidt Mr. Nick Moe Ms. Tiffany Wickenhauser PO Box 1813 707 W. 21st Ave 5610 Griffin Rd. Seward, AK 99664 Anchorage, AK 99503 Anchorage, AK 99516 Ms. Lisa Davis Ms. Cynthia Davis Ms. Giovanna McBentley 211 Ellen Cir 2826 W. Jamest Ave 354 Fern Lane Anchorage, AK 99515 Wasilla, AK 99654 Anchorage, AK 99504 Mr. Jon Russell Mr. Chris Hall Ms. Deadra Hall 2454 Tulip Dr. 842 W. 20th Ave. 842 W. 20th Ave. Anchorage, AK 99517 Anchorage, AK 99503 Anchorage, AK 99503 Mr. Rob Williams Ms. Emily Fehrenbacher Mr. Tom Moore 3100 N. Burlwood Lane PO Box 100908 18634 2nd St. Wasilla, AK 99654 Anchorage, AK 99510 Eagle River, AK 99577 Mr. & Mrs. Rik & Tami Kee Ms. Jane Evans Ms. Wendy Nyberg 11940 Devinshire 2937 Ambergate Dr. 643 Pacific Place Anchorage, AK 99576 Anchorage, AK 99504 Anchorage, AK 99501 Ms. Anita Youngman Mr. Stan Steck Ms. Gloria Bentley 320 E. 12th Ave PO Box 221472 PO Box 200927 Anchorage, AK 99501 Anchorage, AK 99522 Anchorage, AK 99520 Ms. Dawn Berg Mr. Ken Farmer Ms. Megan Goodman 1428 Atkinson Dr. 2826 W. James T. Circle 5800 Lake Otis Pkwy #366 Anchorage, AK 99504 Wasilla, AK 99654 Anchorage, AK 99507 Mr. Jeffrey Sinnott Mr. John Oneil Ms. Tawnya Kingsley 7528 Foxridge Way Apt H 3105 W 30th B 7141 Weimer #7 Anchorage, AK 99518 Anchorage, AK 99577 Anchorage, AK 99502 Mr. Jon Douglas Mr. Bronwen Nichells Ms. Alice Ciostek 2240 Sentry Drive #405 1350 Hillcrest Dr. 13601 E. Norman Anchorage, AK 99507 Anchorage, AK 99510 Palmer, AK 99645 Ms. Korine Bobayon Mr. Jacob Hill Mr. Vladimir Lesperance 134 E. 45th 1213 Medfra 200 W. 34th Ave #91 Anchorage, AK 99503 Anchorage, AK 99501 Anchorage, AK 99503 Mr. Jim Lowe Ms. Lori Roy Ms. Michelle Reynolds 3127 Briarcliff Ln 190 Oklahoma St. Apt 36 2401 Tradewind Anchorage, AK 99508 Anchorage, AK 99504 Anchorage, AK 99516 Ms. Pennelope Gofarth Mr. Lawerence Shindel PO Box 240165 1435 Ingra Anchorage, AK 99524 Anchorage, AK 99501 i LJGat <.Ui1LLtt1JJiU1SGt 1 tat ug. I am an Alaskan who supports clean water and a healthy environment. I am an Alaskan who supports clean water and a healthy environment. Please ask the Alaska Railroad to install the best available technology to Please ask the Ala-la Railroad to install the best available technology to control du,t at the coal export facility in Seward. control dust at the coal export facility in Seward. et. rA CAr 0-1 1-00)e-Fglikey Name TO: Name 3 1 40t..vo ct tot Larry Hartig 1 �y,� Larry Y-i-ts--1- Har ti Address Commissioner �� 1 ����� �� m g A ddress Commissioner \c v1Q A, G - Alaska DEC � � � A t. A Alaska DEC City. State. Zip 1 410 Willoughby Ave., Suite 303 A14( tOV'� e A 1< 7ned 5533 4 10 Willou hb Ave., Suite 303 Juneau. AK 99811 City. States/Zip � g Y Juneau. AK 99811 1pb ,icy e a Eanal Address E •il Address Dear Commissioner Hartig: So:/3.t.; t3..3: 5.'` t: ., ,7 / — d.nt r*U4 and Pautss baY And shore Seward A33 .:.,s Maar/ 3F 2CC,7 i 4 I am an Alaskan who supports clean water and a healthy environment Please ask the Alaska Railroad to install the best available technology to ,z` t` , control dust at the coal export facility in Seward. tears .; t 1141 i f C �, ,.-, --,..t% > Name TO: ' 1 ' ���0 NV G ��� Larry Hartig r,�„ Address Commissioner , - ., »�» M ,w S► \ \Z, CAL 9 C) (*) Alaska DEC City. State. Zip 410 Willoughby ALe.. Suite 303 HELP PROTECT SEWARD FROM DIRTY COAL (c-e iA -t.. SP .\�,�� � Qe-c( Juneau, AK 99811 Email Address I am an Alaskan who supports clean water and a healthy environment. I am an Alaskan who supports clean water and a healthy environment. Please ask the Alaska Railroad to install the best available technology to Please ask the Alaska Railroad to install the best available technology to control dust at the coal export facility in Seward. control dust at the coal export facility in Seward. D ei S 1/ '2-.' /17/c wec CA►te, /� Name TO: Nam TO L / 0 C pk C 6- Larry Hartig ZGt MC/Wei Sr tft� b Larry Hartig Address Commissioner Address / Commissioner NCS �/ 6 t( Alaska DEC vchia/6.96-t �K 7? Sot Alaska DEC City, State, Zip f---- � ( 410 Willoughby Ave., Suite 303 City, State, Zips 410 Willoughby Ave., Suite 303 )� Q Juneau, AK 99811 Juneau, AK 99811 /17 cifZaf ZooLt �✓ i-mcf-d. Ce`,17 Email Address Email Address Dear Commissioner Hartig: Dear Commissioner Hartig: 3 I am an Alaskan who supports clean water and a healthy environment. I am an Alaskan who supports clean water and a healthy environment. Please ask the Alaska Railroad to install the best available technology to Please ask the Alaska Railroad to install the best available technology to control dust at the coal export facility in Seward. control dust at the coal export facility in Seward. C A Had r) 8411€ ds(i/v\--- . Naf1e y TO Name TO: i 4 2 - `1 MFl11-RA STREET Larry Hartig g (9( T3 &L C.j( Larry Hartig Address Commissioner Address Commissioner I\ NC H ORAGE ,kk (N561-5533 Alaska DEC , Z' � t1F k g_ 95 )' Alaska DEC City, State, Zip 410 Willoughby Ave. Suite 303 ity, State, Zip =� ( 410 W Ave., Suite 303 shbcttiey aka vie Juneau, AK 99811 Juneau, AK 99811 Email Address Email Address 1J\.C1.1 t.V t 111 111 JJ1V11%,.1 11u1 C16. L�.ua t. Vaauaaa.s.lavaa�.a aqua ab. I am an Alaskan who supports clean water and a healthy environment. I am an Alaskan who supports clean water and a healthy environment. Please ask the Alaska Railroad to install the best available technology to Please ask the Alaska Railroad to install the best available technology to control dust at the coal export facility in Seward. control dust at the coal export facility in Seward. . 4110 • — i LsseA) (V07-ER) . Nam TO: N.. a TO: is 5 /,,e/iihf ),,. --, Larry Hartig � 41 151 C� Larry Hartig Add Commissioner X dress Commissioner j , i Ry 5 Alaska DEC n (9p f Alaska DEC i y, State, iptf //�� 410 Willoughby Ave., Suite 303 diSa i ' 1 410 Willoughby Ave., Suite 303 Juneau, AK 99811 Juneau, AK 99811 Email Address - Email Address - Dear Commissioner Hartig: Dear Commissioner Hartig: .1 1 I am an Alaskan who supports clean water and a healthy environment. 1 am an Alaskan who supports clean water and a healthy environment. Please ask the Alaska Railroad to install the best available technology to Please ask the Alaska Railroad to install the best available technology to control dust at the coal export facility in Seward. control dust at the coal export facility in Seward. j04 Ag- 0 AILMAio Name TO: Name TO: 7 ort) rcsoMAC. , Larry Hartig 1- 767 p p0 (614k— Nz4.1 6 Larry Hartig Address Commissioner Address Commissioner AN)CitIZAa0 AK, 9c? zb Alaska DEC A f ' I' 'f Alaska DEC 410 Willoughby Ave.. Suite 303 ( 410 Willoughby Ave., Suite 303 City, State, Zip g Y City, State, Zip Juneau, AK 99811 Juneau, AK 99811 ALAsicALor-41101J5 @,C 44-wk.& el e.,.. 1 C.J2A/k Email Address mail Address Dear Commissioner Hartig: Year commissioner ttarttg: I am an Alaskan who supports clean water and a healthy environment. I am an Alaskan who supports clean water and a healthy environment. Please ask the Alaska Railroad to install the best available technology to Please ask the Alaska Railroad to install the best available technology to control dust at the coal export facility in Seward. control dust at the coal export facility in Seward. & ,... n toi6 Name TO: N ame TO: f)c�. 41,,Q., Larry Hartig 3 Zi b -/tv h4 I 54 • A Larry Hartig A.;,ress ) ' ` Commissioner Address ✓ Commissioner 01-7 - N -' 1 `f' . c Q ' Alaska DEC 4....- hp fG 4 c. 1'. 7c151 Alaska DEC City, State , Zip I 410 Willoughby Ave., Suite 303 City, State, Zip/ 1 410 Willoughby Ave., Suite 303 Juneau, AK 99811 Juneau, AK 99811 I n 1 1 CjCt c at it ress Email Address j Dear Commissioner Hartig: Dear Commissioner Hartig: I am an Alaskan who supports clean water and a healthy environment. I am an Alaskan who supports clean water and a healthy environment. Please ask the Alaska Railroad to install the best available technology to Please ask the Alaska Railroad to install the best available technology to control dust at the coal export facility in Seward. control dust at the coal export facility in Seward. c This! / 1 A t2 L & Par i2 Avvi WA- 1.4)4 Na a TO: Name TO: o C//55 DC, Larry Hartig L fr , ! P t 4 ! Larry Commissioner V La Harti g Address Commissioner /1-414 Alaska DEC Address Commissioner 'J C (. C /4 1 4_ 1ys 410 A 'n C Cn c 410 Willoughby Ave.. Suite 303 nn(. t�'c " !"i Alaska DEC City, State, Zip Ci S tate 410 Willoughby Ave., Suite 303 Juneau, AK 99811 ty , Zip Ca I ( /-i f s 419 /4 l •° #(°' Juneau, AK 99811 Email Address Email Address July O July 2013 August 2013 SuM TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 3 4 5 6 1 2 3 7 8 9 10 11 12 13 4 5 6 7 8 9 10 14 15 16 17 18 19 20 11 12 13 14 15 16 17 21 22 23 24 25 26 27 18 19 20 21 22 23 24 28 29 30 31 25 26 27 28 29 30 31 Monday Tuesday Wednesday Thursday Friday Jul l 2 3 4 5 July 4th ; Offices Close 8 - 9 10 11 12 7:00pm CC Mtg 12:OOpm PACAB Mtg CO 15 16 17 18 19 6:OOpm P &Z WS 12:OOpm PACAB Work S 6:OOpm Seward Recrea c' 6:30pm HP Mtg 22 - - - 23 24 25 26 ( //:00pm CC Mtg CN N (NI 29 30 31 Aug 1 2 0) 0 Nanci Richey 1 7/1/2013 1:21 PM 1-) August 0 August 2013 September 2013 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 3 1 2 3 4 5 6 7 4 5 6 7 8 910 8 9 10 11 12 13 14 11 12 13 14 15 16 17 15 16 17 18 19 20 21 18 19 20 21 22 23 24 22 23 24 25 26 27 28 25 26 27 28 29 30 31 29 30 Monday Tuesday Wednesday Thursday Friday Jul 29 30 31 Aug 1 2 (.1 Ol 01 7 5 6 /``� 7 8 9 7:00pm P &Z Mtg 12:OOpm PACAB Mtg 5:30pm Seward Rereat rn u ) 13 14 15 16 7:OOpm CC Mtg N -1 19 20 21 22 23 6:OOpm P &Z WS 12:OOpm PACAB Work 5 6:OOpm Seward Recrea N 6:30pm HP Mtg of rn 27 28 29 30 c 7:OOpm CC Mtg o m N LS) Nanci Richey 1 7/1/2013 1:22 PM