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HomeMy WebLinkAbout04272015 City Council Packet Seward City Council Agenda Packet .. , . -i,.. . ,--, . „ . . , . . --.. .„...., , .,.., i .. _ .`Y ♦ ,.....0.. ,.._:_ 4. om•_ ,. _____,, _ _ _ —. _ . . „,„_-_-_,._-_-„,---_,_, . 1.,,.., -,.. _ .., ,,_......___;_.....„. ..__ •....._.. ,..- ` ti` April27, 2015 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 The City of Seward, Alaska of CITY COUNCIL MEETING AGENDA rtC' {Please silence all cellular phones during the meeting} at.asA° April 27, 2015 7:00 p.m. Council Chambers Jean Bardarson 1. CALL TO ORDER Mayor 2. PLEDGE OF ALLEGIANCE Term Expires 2015 3. ROLL CALL 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE Marianna Keil ITEMS SCHEDULED FOR PUBLIC HEARING [Those who Vice Mayor have signed in will be given the first opportunity to speak. Time is Term Expires 2016 limited to 3 minutes per speaker and 36 minutes total time for this agenda item.] Ristine Casagranda 5. APPROVAL OF AGENDA AND CONSENT AGENDA Council Member [Approval of Consent Agenda passes all routine items indicated by Term Expires 2016 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 2015 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS David Squires A. Proclamations and Awards Council Member Term Expires 2015 1. Police Memorial Week May 10-16, 2015 Pg. 4 2. Certificate of Appreciation for Dr. Matthew Hall Pg. 5 Dale Butts Council Member B. Chamber of Commerce Report Term Expires 2016 C. City Manager's Report Pg. 6 D. Other Reports and Presentations Iris Darling Council Member 1. ' •• - • • • ' . .- -. . • • - •. ••• . - - - Term Expires 2015 -• • ' - • • . •- - = . • .. . Dunham. (will come forward at a later agenda) 2. Seward Community Health Center Annual Report by Executive James Hunt Director Pat Linton. City Manager 3. Council Travel Reports from Washington, D.C./Seattle, WA trip (Bardarson) and Kenai Peninsula Climate Conference Johanna Kinney (Casagranda) City Clerk Eric Wohlforth City Attorney City of Seward, Alaska Council Agenda April27, 2015 Page 1 7. PUBLIC HEARINGS—None 8. UNFINISHED BUSINESS A. Items for Reconsideration 1. Resolution 2015-028, Revising The Port And Harbor Tariff Regulations To Increase The Charge For Dishonored Checks, To Revise The Charges For Re-Blocking Vessels And For Boat Lift Work That Extends Beyond One Hour, And To Revise The Wharfage Rates For Boat Fuel To Conform To The Charges In The Annual Contract With The Fuel Dock Operator. (Motion filed by Vice Mayor Keil) Pg. 8 9. NEW BUSINESS A. Ordinances For Introduction *1. Ordinance 2015-002, Amending The Land Use Plan And The Rezoning Of Lot 4, Fort Raymond Subdivision, From Institutional (INS) To Auto Commercial(AC). Pg.29 B. Resolutions 1. Resolution 2015-035, Authorizing Additional Funding To The Seward Chamber Of Commerce In The Amount Of$14,128, And Appropriating Funds. . Pg. 39 2. Resolution 2015-036, Officially Renaming The North/South Right Of Way Currently Known As Hemlock Street To Crabapple Street Located Within The Southwest Corner Of The Forest Acres Subdivision. Pg. 43 3. Resolution 2015-037, Authorizing The City Manager To Enter Into A Construction Contract With Harmon Construction Inc. For The Purpose Of Constructing A New Northeast Harbor Fish Cleaning Station In The Amount Of$549,139, Authorizing A Contingency, And Appropriating Funds. ... Pg. 51 4. Resolution 2015-038, Authorizing The City Manager To Amend The Contract With CRW Engineering Group, LLC., For The North Seward Water Storage Tank & Pumping Facility, Phase II, To Add Building Modifications And An Exploratory Well, And Increasing The Contract By An Amount Not To Exceed $99,984, And Appropriating Funds. . Pg. 70 5. Resolution 2015-039, Authorizing The City Manager To Enter Into A Contract With Southcentral Construction Inc. For An Amount Not To Exceed $4,658,210 For Construction Of The North Seward Water Storage Tank & Pumping Facility And Appropriating Funds. .. Pg. 75 6. Resolution 2015-040, Amending The Legal Services Agreement Between The City Of Seward And The Law Firm Wohlforth, Brecht &Cartledge. ..... Pg. 86 City of Seward, Alaska Council Agenda April 27, 2015 Page 2 C. Other New Business Items—None 10. INFORMATIONAL ITEMS AND REPORTS (No Action Required) A. 2015 City of Seward Financial Disclosure Forms Update. . Pg. 89 11. COUNCIL COMMENTS 12. CITIZEN COMMENTS 13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS 14. EXECUTIVE SESSION A. Go into Executive Session to discuss strategy for the negotiation of contracts regarding power purchase agreements. 15. ADJOURNMENT City of Seward,Alaska Council Agenda April 27, 2015 Page 3 PROCLAMATION WHEREAS, the second full week of April is dedicated as National Public Safety Telecommunicators Week and honors that single vital link for our police officers and firefighters by monitoring their activities by radio,providing them information and insuring their safety;and WHEREAS, the first full week in May is recognized as National Correctional Officers Week to celebrate and recognize the vital public service of correctional personnel;and WHEREAS, in 1962, the President of the United States and Congress designated May 15th as Peace Officers Memorial Day,and the week during which May 15th falls as National Police Week;and WHEREAS, the members of law enforcement throughout the City of Seward play an essential role in safeguarding our community and building a stronger, safer future for Alaska;and WHEREAS, members of our law enforcement agencies honor their duty to serve the people by safeguarding life and property, protecting citizens against violence, disorder and deception, and protecting the weak against oppression;and WHEREAS, it is important that our citizens recognize and appreciate the duties, hazards, and sacrifices of our law enforcement personnel;and WHEREAS, we pay tribute to the 126 federal, state and local law enforcement officers who died in the line of duty in 2014, and the 30 law enforcement officers who have already fallen in the line of duty so far in 2015;and WHEREAS, we honor their memory and sacrifice, and pay homage to their legacy of sacrifice and devotion to duty. NOW,THEREFORE,I,Jean Bardarson,Mayor of Seward,Alaska,do hereby encourage all citizens to acknowledge Peace Officers Memorial Day on May 15, 2015 and National Police Week from May 10-16, 2015, and to thank our Peace Officers for their sacrifice and professionalism. Dated this 27th day of April,2015 THE CITY OF SEWARD,ALASKA 4-- -,mss HQIT'_© 1/ = POLICE eace Officers 'WEEK �0�� Jean Bardarson,Mayor HONORING COURAGE,SALUTING SACRIFICE �,`.,• ,•,A. 4,.) L'. �.,,,,,_ C. C ctS * � - AWARDED TO: C*1)1 V ., ,< r. I attew � a ,`• I',jI# vo for twenty years of service and contribution to the community of Seward and the ,%. ,l . Seward Animal Shelter ,, e z•fit• April 6, 1995 — Aril 6, 2015 I>>..?.. {.>> e.\p\J., , $ • . ‘'. . zri.N.) 'Pe e ft.ps ' '' ---- -- --4( ■ 1- - ,,. -. .., re-101171� �.�°��. Chief Thomas Clemons , 4 ; L.:/). • (A) 4-=;•,,,, . M L:Pj $A 4.4+ .„, „, / i,: Pi - . . . ii / / v i �. . �1 � / v v. v 4 ., , �,4 / , �� ��4 /< v<v4N4yNv ` wN `tes' � ‘ *` CITY OF SEWARD Jim Hunt,City Manager P.O. Box 167 Telephone (907)224-4047 Seward,AK 99664 Facsimile (907) 224-4038 MANAGER'S REPORT April 20, 2015 The following purchase orders for between$10,000 and $50,000 have been approved by the City Manager since the last council meeting: (1) 4/14 Valley Power Systems $29,261.48 Ft. Raymond EMD Generator#4-Electric A. Administration: • Resource Development Conference with Speaker Dan Kline • Consult with City Attorney • Consult with AMLJIA • Meeting with Sean McCallister • Attended Chamber Luncheon • Meeting with Council Member Iris Darling • Attended Wellness Meeting B. Harbor: • The Sikuliaq was scheduled to be in the drydock at Vigor beginning April 19, 2015,but bad weather caused a postponement. 04/21/2015 Sikuliaq is now on Syncrolift • The Harbor Department has received approval on its new Storm Water Pollution Prevention Plan- SWPPP from the state Department of Environmental Conservation. • Alaska Logistics has executed a ninety-nine year lease extension that is planned for Council action on May 11. • The Harbor crew re-built the northerly set of boarding floats at the NE Boat Ramp. • C. Public Works • Streets Listing ROW Certification Priorities(McHone) Removing Winter sand from roads started in Forest Acres,progressing southward Rainy weather=Potholes=continued blading of dirt roads • Shop Replacing rear differential in Sander/Plow International Tire swap..studs off, summers on....multiple vehicles Sweeper/Vacuum Truck fuel problems • Water/Wastewater: Pumping Lagoons down, so Merrell Bros. can finish sludge removal Testing of water/sewer Turning water on in harbor, campgrounds, etc Coordinating install of Luke pay station at dump station on 7th Ave. • Admin: Composed several Resolutions (CRW Contract amendment, M.L. Foster Construction Support (BioDome Installation)and SMIC Discharge Permit Renewal Multiple project management(along with Rick Wise) FEMA extension(Ped. Bridge material delay Audit of Dairy Hill Drainage Mitigation was done, all was in order. Bid Opening for NSWST& Pumping Facility (p Corresponding with ADEC MM/G program on Grant Project Eligibility D. SPRD We continue to receive public input regarding the SPRD Master Plan update at public meetings, and hope to bring this forward to the City Council, sometime this summer. The public is encouraged to like SEWARD RECREATION on FaceBook for program events, deadlines and volunteer opportunities. • Campgrounds are open • Volunteers needed for Pink Cheeks Triathlon • Dynamic team for TYC Summer Day Camps, for kids in first through eighth grade, and feel confident about our kiddos enjoying their "best summer EVER!" • Children's Carnival, dances, Easter events Upcoming events • Free Challenger Youth Soccer, Super Saturday Clean-Up, Terry's Tires Bike Rodeo& Exit Glacier Races E: FINANCE • The Finance Department is beginning week four of the audit;the first two weeks involved on-site fieldwork,and the last two weeks involve finalizing work around the new financial accounting system implementation,verifying electronic security issues,testing fixed assets, incorporating Providence Seward financials, and continued sampling of our utility billing systems. A great deal of effort was involved in tying out the old and new financial accounting systems due to the complete revamping of the account structure. The process went very well and both the staff and auditors were pleased. While the audit is taking more time than normal, it has been an overall success. Both parties expect a significantly improved audit preparation process in the coming years. • The City and the CHC have submitted the preliminary notice of intent to submit a grant application for the CHC expansion grant through HRSA. We are working on a resolution to bring before the City Council, to establish the parameters by which such application will or will not be submitted. This resolution is awaiting Mr. Long's return. • Finance staff has received information from Alaska Waste which we are now handing out to new customers, informing them of the requirement to sign up for and pay for refuse service. We encourage new service customers to complete the Alaska Waste new service applications and are forwarding those directly to the refuse company to reduce the burden on both the customers and the refuse company. As of 04/21/2015 No reports submitted by Electric or Library 2. 1 Agenda Statement 4OF 9 Meeting Date: April 27, 2015 ,4, .o A To: Mayor Bardarson, City Council Members atASKP From: Johanna Kinney, City Clerk Agenda Item: Motion for Reconsideration of Resolution 2015-028 BACKGROUND &JUSTIFICATION: Resolution 2015-028 failed on April 13, 2015, which would have revised the Port and Harbor Tariff regulations to increase the charge for dishonored checks, revised the charges for re- blocking vessels and for boat lift work that extends beyond one hour, and revised the wharfage rates for boat fuel to conform to the charges in the annual contract with the fuel dock operator. On April 13, 2015, after voting on this resolution, Vice Mayor Marianna Keil filed a written motion to reconsider Resolutidii '2015-028 at the next regular meeting of the Seward City Council. Vice Mayor Keil voted on the prevailing side and her motion, being filed before 5:00 p.m. on April 14, 2015 was timely, and therefore in order. According to Seward City Code 2.10.065 (Rules of Debate), Section (e) (Reconsideration), a motion to reconsider may be applied to any ordinance, resolution or action of the council and has precedence over all motions except the motion to adjourn. A councilmember may make a motion to reconsider only if: • the councilmember voted on the prevailing side on the question to be reconsidered; • the councilmember makes the motion to reconsider on the same day and at the same meeting at which the vote to be reconsidered was taken; or • the councilmember files with the clerk not later than 5:00 p.m. on the first city business day following the day on which the vote was taken a notice of intent to reconsider and then makes the motion to reconsider at the next regular council meeting. The councilmember may file by telephone provided that the notice of intent to reconsider is signed before the motion is considered. Proper guidelines would be for Vice Mayor Keil to make a formal (verbal) motion to reconsider Resolution 2015-028 and a second is required to proceed. If that occurs, the motion to reconsider is on the table and can be discussed. This is time for council discussion if the resolution should be reconsidered,not the merits of the resolution itself. If this motion to reconsider passes by a two-thirds vote, the original resolution is back on the table for discussion. This must pass by the usual majority(4)vote. If the motion to reconsider fails by a two-thirds vote, the original resolution stands as was previously voted on April 13,2015 (failed). RECOMMENDATION: A motion to reconsider must be made, seconded and passed by a two-thirds vote, before Resolution 2015-028 can be back on the table for discussion and a re-vote. Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2015-028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, REVISING THE PORT AND HARBOR TARIFF REGULATIONS TO INCREASE THE CHARGE FOR DISHONORED CHECKS, TO REVISE THE CHARGES FOR RE-BLOCKING VESSELS AND FOR BOAT LIFT WORK THAT EXTENDS BEYOND ONE HOUR, AND TO REVISE THE WHARFAGE RATES FOR BOAT FUEL TO CONFORM TO THE CHARGES IN THE ANNUAL CONTRACT WITH THE FUEL DOCK OPERATOR WHEREAS,the charge for dishonored checks has been increased to $36.75; and WHEREAS, the charges for re-blocking vessels and for boat lift work that extends beyond one hour should better reflect the cost of the work; and WHEREAS,the wharfage rates in the Tariff should conform to the fuel dock contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. Sections 225, 265, and 290 of the Port & Harbor Tariff Regulations entitled respectively Labor & Service Charges, 330-Ton Travelift Fees, and Wharfage Rates are amended as follows: Strikeout= delete Bold Italics =new 225 LABOR AND SERVICE CHARGES A labor and service charge is assessed, in addition to any other charges set forth in this tariff, for all labor performed by City personnel and for specific services provided by the City of Seward or its agents. Service charges do not include charges for dockage, wharfage, wharf demurrage or handling. (e) Miscellaneous Charges (4) Dishonored check fee $300 36.75 265 330-TON TRAVELIFT FEES (a) Description of Charge. The lift fee is the charge for lifting a vessel from the water or the land utilizing the City's 330-ton Travelift. A separate lift fee is generated whenever a vessel is lifted, even if it is only lifted and relocated on land. Lift fees do not include overtime labor charges for operation of the Travelift system as described in Subsection 225 of this tariff. CITY OF SEWARD, ALASKA RESOLUTION 2015-028 (b) Lift Fee (1) Minimum Fee. The minimum fee for a lift on the 330-ton Travelift shall be FOUR HUNDRED TWENTY-FIVE DOLLARS ($425.00) for the first hour of use or any portion of time less than one (1) hour. For use of a lift in excess of one (1) hour, additional time shall be charged in fifteen (15) minute increments. The overall length of the vessel will determine the lift fee. A full lift fee is charged once a lift has commenced, even if that lift is subsequently interrupted, suspended or canceled for any reason. The risk of loss because of a suspended or canceled lift by reason of mechanical failure or difficulty with the Travelift system is the responsibility of the vessel owner/operator. Once a lift is scheduled and the boat owner fails to show or cancel the lift at least one hour prior to the scheduled lift time, the minimum lift fee will be charged. (2) Additional Lift Fee Rates for Large Vessels. For all vessels over FIFTY-FIVE (55) feet in length, an additional TWENTY-ONE DOLLARS ($21.00) shall be charged for each foot of vessel length over fifty five (55) feet during the first hour of use or any portion of time less than one (1) hour. . hour, a fcc of THREE HUNDRED FORTY SI !! -- • ' - • • = - - not less than fifteen (15) minute incrcm - _ - - "- -- • ' (3) Relocation and Reblocking Fees. pion Reblocking of all vessels on the uplands shall be charged at a rate of - •.- - - -'' ' '- -' - '- p - DOLLARS AND FIFTY CENTS ($346.50)- per hour FOUR HUNDRED TWENTY-FIVE DOLLARS($425.00)for the first hour of use or any portion of time less than one (1) hour. Reblocking consists of lifting the boat, adjusting/replacing the blocking materials and setting the boat down in the same space. If a boat is to be relocated to another space or yard, lift fees apply as listed in sections (1) and(2) above. 290 WHARFAGE RATES (a) Schedule of Standard Rates. Except as otherwise specifically provided, rates are in dollars per ton of 2,000 pounds or per 40 cubic feet. Commodity Wharfage Rate Petroleum products (gasoline) per gallon ... $0.0172 $.0147 I CITY OF SEWARD, ALASKA RESOLUTION 2015-028 Petroleum products (diesel) per gallon 4070083 $.0075 Section 2. This resolution shall take effect ten(10) days after adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 13`h day of April, 2015. THE CITY OF SEWARD, ALASKA Jean Bardarson, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) �. t Agenda Statement 4 ofsets. Meeting Date: April 13, 2015 :j1_ 4�o 9.t �;4_ To: City Council ". 44ASKP Through: City Manager Jim Hunt From: Harbormaster Mack Funk Agenda Item: Revising the 2015 Port and Harbor Tariff Regulations to 1) increase the charge for dishonored checks, 2) revise the charges for re-blocking vessels and for boat lift work that extends beyond one hour, and 3) revise the Tariff wharfage rates for boat fuel to conform to the charges in the annual contract with the fuel dock owner/operator. BACKGROUND & JUSTIFICATION: Section 225. The Harbor Tariff specifies a charge for dishonored checks. The City has recently raised its charge from $35 to $36.75. Section 225 (e) (4) of the Harbor Tariff should be revised to bring the Harbor into conformance with City-wide policy. Section 265. When the purchase of the new boat lift equipment was approved in the summer of 2014 it was the Administration's intent to increase not only the basic fee, but also the extra charge for vessels longer than 55 feet. However, only the basic fee increase was approved at that time. This current proposed change will extend the previously adopted "base" rate ($425 per hour) to reblocking and to lifts that extend beyond one hour. There is no change proposed for the rate charged to boats longer than 55 feet. In addition to hauling out and launching boats, the Harbor staff also relocates boats and reblocks boats. In the City's boatyard at SMIC the Harbor seeks to clarify the rates for these two services and for lift work that lasts longer than one hour. There is no need to revise the Tariff with regard to services performed with the 50-ton boat lift. Section 265 (b) of the Harbor Tariff should be revised to: 1) add reblocking, 2) to establish separate rates for reblocking and relocating vessels, and 3) to apply the same basic rate for lift work that extends beyond one hour. Reblocking is specifically described in the Tariff language. No charge will be added for boats longer than 55 feet. The Administration believes that these changes will increase revenues needed to repay the general fund for the cost of the new equipment. It will also better reflect the cost of the work expended. Finally the changes should be simpler to administer. Section 290. Harbor moorage rates are adjusted annually based on the Consumer Price Index- CPI. In order to make this administratively possible there is a delay so, for example, the 2015 rates are based on the change in the CPI during the years 2008-2012. The fuel dock contract was amended in January 2013 to specify that the October Annual Energy Category CPI report will be used to calculate the contract rental rates for the fuel docks. That report is not published until November 20, by which time the Tariff for the subsequent year has generally been finalized, but the City and the vendor must still finalize the contract for the subsequent year. Therefore in 2015, the rental rate remains the same as 2014. In future years the parties would use the index for the prior year. Thus, in 2016 the rental rate would be based on the change in the Annual Energy Category of the Consumer Price Index Report issued November 20, 2014. This will allow time for the parties to enter into an agreement and incorporate the rental price into the 2016 Harbor Tariff. The Tariff wharfage rate must also be brought into conformance with the annual fuel dock terminal contract that was approved by the City Manager on February 13, 2015. The suggested language below does that. INTENT: This resolution will update the Port and Harbor Tariff and bring the rates up to date. CONSISTENCY CHECKLIST: Yes No N/A 1 Comprehensive Plan (document source here): Create a thriving port of X Seward through Harbor improvements. Page 23 2 Strategic Plan (document source here): Improve and expand maritime X facilities. Page 7 3. Other(list): FISCAL NOTE: The charge for dishonored checks will bring the harbor charges into conformance with other City departments. The new boat lift charges are expected to result in approximately $2000 per year in additional revenue. The revised wharfage rates for fuel will be tied to the changes in fuel costs and the Tariff will now conform to the already approved contract with the fuel provider. Approved by Finance Department: Y444 ATTORNEY REVIEW: Yes No X RECOMMENDATION: C` To approve Resolution 2015- Revising the 2015 Port and Harbor Tariff Regulations to 1) increase the charge for dishonored checks, 2) revise the charges for re-blocking vessels and for boat lift work that extends beyond one hour, and 3) revise the Tariff wharfage rates for boat fuel to conform to the charges in the annual contract with the fuel dock owner/operator. LICENSE AGREEMENT FOR SEWARD MUNICIPAL SMALL BOAT HARBOR "T"DOCK AND "R" FLOAT MARINE FUEL STATIONS THIS AGREEMENT, effective January 1, 2015, is made and entered into by and between the CITY OF SEWARD, ALASKA, a municipal corporation, organized and existing under the laws of the State of Alaska, hereinafter referred to as "CITY" and SHORESIDE PETROLEUM, INCORPORATED, an Alaska corporation, hereinafter referred to as "LICENSEE"; 1. Premises. CITY hereby grants to LICENSEE a license to occupy and use, subject to all of the terms and conditions hereinafter stated, the following-described premises as further identified on a map attached hereto as Exhibit A: a. The southern portion of the Municipal Small Boat Harbor"T"dock, more specifically the north, east, west and south sides of the"T"; b. The southern portion of"R" float, to be occupied by a floating fuel station of approximate dimensions 25ft by 150ft. 2. Use. The premises may be occupied and used by LICENSEE solely for the purpose of selling and delivering gasoline, diesel fuel and lubricating oil. LICENSEE shall be entitled to install a fuel delivery system on the dock areas described above for use in connection with LICENSEE's business. 3. Term.The term of this License is for one (1) year term, beginning January 1 of each year and terminating December 31 of the same year. The use of the dock granted to LICENSEE is temporary and may be revoked by the CITY upon fourteen(14)days written notice. 4. Charges. LICENSEE shall pay the CITY point zero one four seven cents ($.0147) per gallon of gasoline and point zero zero seven five cents ($.0075) per gallon of diesel fuel delivered to ships or boats. On the date of renewal, the charges will be adjusted annually based on the Energy Category of the Consumer Price Index for all Urban Consumers as published by the United State Department of Labor Bureau of Labor Statistics for gasoline and fuel oil in its October Annual report. Payments shall be made quarterly on or before the fifteenth (15th) day of the month following the end of each calendar quarter. Late payments are subject to late fees and interest charges according to the method adopted by CITY at the time such fees and charges are assessed. 5. Reports. LICENSEE will provide to CITY annually, by March 1, a written report for the previous calendar year, outlining any maintenance and/or repair work accomplished on the licensed premises and the cost of that work. LICENSEE shall also provide to CITY a quarterly report detailing the amount of fuel sold and gross receipts for such sales. These reports shall be due on the fifteenth (15th) day of the month following the end of each calendar quarter. The CITY shall have the right to review and inspect LICENSEE's records during all business hours. LICENSE AGREEMENT Page 1 City of Seward-- Shoreside Petroleum Incorporated I i- 6. Installations. All installations placed upon the above-described facilities shall be and remain the property of LICENSEE and may be removed there from by LICENSEE at any time provided that LICENSEE shall not damage or impair CITY's property while installing or removing LICENSEE's equipment or improvements. The installations shall be accomplished by LICENSEE at its sole cost and expense and in such a manner as will, at all times, enable CITY and members of the general public and those otherwise entitled to the use of the facilities to use the surface of the remaining portion of the facilities. At no time shall such installations or use of the licensed portion impede the clear and safe transit of the general public entitled to use the remaining portion of the facilities. 7. Removal of Improvements. LICENSEE hereby covenants and agrees that, on or before the termination of this License, it will remove said installation and other appurtenances connected therewith from the premises of CITY and restore the premises to the condition existing at the time of entering upon the same under this License, reasonable wear and tear and damage by the elements excepted. 8. Liability and Indemnity. Except and to the extent solely caused by CITY's own negligence or intentional misconduct, CITY shall not be liable for damages to property or injuries to persons, including death, arising from the construction, operation, maintenance, removal or activity of LICENSEE, its principals, officers, employers, associates, agents, representatives, successors, heirs or assigns, licensees or invitees, and LICENSEE does hereby agree to release, protect, defend, save harmless and indemnify CITY, its officials, employees and authorized representatives against any loss, cost, damage, expense, judgment or liability of any kind whatsoever, from or by reason or on account or as a result of the activity of LICENSEE. 9. Liability Insurance. LICENSEE shall carry, at its expense, public liability insurance covering the licensed property in an amount of not less than $1,000,000 for injury or death to any one person, $1,000,000 for injury and/or death to any number of persons in any one accident, $1,000,000 for property damage or destruction, $1,000,000 Environmental Liability and the statutory amount required for Worker's Compensation. The minimum requirements in this section may be increased from time to time by CITY in accordance with customs and usage for comparable property in the Seward metropolitan area. 10. Additional Named Insured. All insurance policies required of LICENSEE shall name LICENSEE and CITY as insureds, as their respective interests may appear. All policies shall contain an agreement by the insurers that such policies shall not be canceled or amended without at least thirty (30) days' prior written notice to CITY, and certificates or copies of all such insurance policies shall be furnished to CITY promptly after the issuance thereof. LICENSE AGREEMENT Page 2 City of Seward--Shoreside Petroleum Incorporated 16 11. Repairs and Maintenance. LICENSEE shall pay the cost of repair of any damage to the above-described licensed premises caused by LICENSEE, its invitees or guests occurring during the term of this License. LICENSEE shall have the fuel delivery system inspected periodically by a competent person or firm. Any report generated by such qualified person or firm shall be provided to CITY. IN WITNESS WHEREOF,the parties hereto have executed this document by and through their duly authorized officials. CITY OF SEWARD, 'JASKA SHORE SIDE PETROLEUM, INCORPORATED /11A //f/I't_40/4,1r. / II J..,es Hunt, City Manager Doug Lechner, Vice President/Marketingll Date: .2' 13-09015 Date: 9- - /f-02 J!1 ATTEST: J hanna Kinney, City Cler 04c0 • �.•r t� (City Seal) m = • a m LICENSE AGREEMENT Page 3 City of Seward--Shoreside Petroleum Incorporated STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS CERTIFIES that on 13 ,2015 before me,the undersigned,a Notary Public in and for the State of Alaska, perso appeared James Hunt to me known to be the City Manager for the CITY OF SEWARD,ALASKA, and authorized to execute documents on its behalf; and is the individual named in and who executed the foregoing document on behalf of the City of Seward for the uses and purposes therein set forth. .•t IN WITNESS WHERE OF,I have hereunto set my hand and seal. " � � otary u.ff nand for Ala ka My Commi ion Expires_ /g STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS CERTIFIES that on kj /i / , 2015 before me,a Notary Public in and for Alaska, personally appeared Doug Lechner, to me known to be the Vice President/Marketing of SHORESIDE PETROLEUM, INCORPORATED, who executed the foregoing instrument on behalf of SHORESIDE PETROLEUM, INCORPORATED. He acknowledged to me that he executed the same freely and voluntarily on behalf of said corporation.He stated to me under oath that he is the President of the said corporation,has been authorized by the Board of Directors of the said corporation to execute said instrument on its behalf, and has full power and authority to execute the same. IN WITNESS WHERE OF,I have hereunto set my hand and seal. d'Ott :3•yo4 ' ry. 6(:- �¢� oTAgs y $: $ r ltd Notary Public in and for Alaska +' 3 - PUg�1G Q: N My Commission Expires; l-t r 4 C� '•4/,. `'r' a'h •4 *'1I,,' • Wit jr '1tttt'fl'.' ''5;'--+▪ + LICENSE AGREEMENT City of Seward-Shoreside Petroleum Incorporated Page 4 I "1 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2014-054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, WAIVING COMPETITIVE PROCUREMENT REQUIREMENTS TO AUTHORIZE THE SOLE-SOURCE PURCHASE OF A NEW 330 TON BOAT LIFT FROM MARINE TRAVELIFT IN THE NET AMOUNT OF $1,441,087, DECLARING THE CURRENT BOAT LIFT SURPLUS TO BE USED AS A TRADE-IN, REVISING THE HARBOR TARIFF TO INCREASE THE LIFT RATES, AND APPROPRIATING FUNDS WHEREAS, the current boat lift is ageing and needs to be replaced; and WHEREAS, the recommended replacement is a 330 ton Marine Travelift; and WHEREAS, the purchase of a new lift will make the current lift surplus to the City's needs; and WHEREAS, the City proposes to increase its lift fees to help pay for the purchase. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. Sections 105, 260, and 265 of the Port & Harbor Tariff Regulations entitled respectively Application of Tariff, 250-Ton Travelift, and 250-Ton Travelift Fees are amended as follows: Strikeout = delete Bold Italics =new Table of Contents SECTION II -SERVICES AND CHARGES 260 250330-TON TRAVELIFT (a) Operating Policy (b) Boat Lift Agreement (c) Responsibilities (d) Dockside Lay Time 265 2-50330-TON TRAVELIFT FEES (a) Description of Charge (b) Lift Fee I $ CITY OF SEWARD, ALASKA RESOLUTION 2014-054 105 APPLICATION OF TARIFF (a) General Application of Tariff. Rates, charges, rules and regulations provided in this tariff will apply only to persons and vessels using certain terminal facilities under the jurisdiction and control of the City of Seward, merchandise received at or shipped from the facilities or properties operated under the jurisdiction and control of the City of Seward, and specifically to municipal docks, structures appurtenant thereto and waterways under the management of the City of Seward. The rates, charges, rules and regulations herein may apply to the Seward Small Boat Harbor, the harbor bounded by the rubble breakwater at the northwestern head of Resurrection Bay (Small Boat Harbor); the Seward Marine Industrial Center (SMIC), including yards, basin, docks, dolphins, ;50330-ton Travelift, and shiplift platform; and any other terminal facilities under the jurisdiction and control of the City of Seward. SECTION II - SERVICES AND CHARGES 260 2-50330-TON TRAVELIFT (a) Operating Policy. The City owns and operates a 250330-ton Travelift in the Seward Marine Industrial Center. The Harbormaster generally schedules vessel lifts on a first-come, first-served basis, but he may deviate from that policy or refuse a lift when, in his judgment, the public interest would be served. In making this public interest finding, the Harbormaster will consider the following factors: 265 20330-TON TRAVELIFT FEES (a) Description of Charge. The lift fee is the charge for lifting a vessel from the water or the land utilizing the City's 2-50330-ton Travelift. A separate lift fee is generated whenever a vessel is lifted, even if it is only lifted and relocated on land. Lift fees do not include overtime labor charges for operation of the Travelift system as described in Subsection 225 of this tariff. (b) Lift Fee (1) Minimum Fee. The minimum fee for a lift on the 250330-ton Travelift shall be FOUR HUNDRED TWENTY-FIVE DOLLARS ($425.00)for the first hour of use or any portion of time less than one (1) hour. The overall length of the vessel will determine the lift fee. A full lift fee is charged once a lift has commenced, even if that lift is subsequently interrupted, suspended or canceled for any reason. The risk of loss because of a suspended or canceled lift by reason of mechanical failure or difficulty with the Travelift system is the responsibility of the vessel owner/operator. Once a lift is scheduled and the CITY OF SEWARD, ALASKA RESOLUTION 2014-054 boat owner fails to show or cancel the lift at least one hour prior to the scheduled lift time, the minimum lift fee will be charged. Section 2. The City Council of the City of Seward, Alaska, hereby finds that the public interest is best served by waiving competitive procurement requirements of Seward City Code §6.10, in accordance with SCC §6.10.130, based on the following findings: 1) past excellent service and response from Marine Travelift, the vendor of the City's existing boat lifts; 2) trade- in offer for the existing 250-ton lift; 3) the quality of Lift equipment and parts from Marine Travelift has been excellent; 4) maintaining a consistent make of equipment is cost-effective and standardization of equipment saves on repair time; and 5) preference to purchase from a vendor within the United States of America. Section 3. The City Manager is hereby authorized to enter into a purchase agreement with Marine Travelift for the purchase of a 330-Ton Marine Travelift for a gross cost of $1,881,087 including shipping, and the current boat lift is declared surplus and will be used as a trade-in, resulting in a net cost not to exceed $1,441,087. Section 4. Funding in the amount of$1,441,087 is appropriated to the SMIC Enterprise Fund equipment account no. 12000-2504-8103 as follows: 1) $62,000 from the SMIC Enterprise Fund cash reserves; 2) $350,000 from the General Fund reserves; and 3) a loan in the amount of $1,029,087 from the Motor Pool Internal Service Fund, the terms of which will be authorized by separate resolution of the Seward City Council. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 14th day of July, 2014. THE CITY OF SEWARD, ALASKA Z30A—d-41/2 "-) can Bardarson,Mayor AYES: Keil, Terry, Squires, Darling, Bardarson NOES: Casagranda ABSENT: Butts ABSTAIN: None AT/EST: 4 Jo anna inney, C O' Ciy Cler • . �.... .... :.... �, (City Seal) SEAL . 1,0 oF • Agenda Statement jof sets,. h Meeting Date: July 14, 2014 t-.-� '�tASKP To: City Council Through: Jim Hunt, City Manager From: Mack Funk, Harbormaster Agenda Item: Purchase of New 330 Ton Boat Lift to replace 250 Ton lift at SMIC BACKGROUND & JUSTIFICATION: The Seward Marine Industrial Center Enterprise Fund needs to replace the aging 250 Ton lift equipment. The lift provides an essential service to vessel owners that need to perform repairs and maintenance. In the 250-Ton cost center, boatyard Storage Fees and Boat Lift Fees combined, generated more than $225,000 in 2012 and $197,000 in 2013, with 54% of the revenue coming from storage. The expenses for the 250 Ton Shiplift Department totaled $186,000 in 2012 and $195,292 in 2013. The recommended plan is to replace the current lift with a larger capacity (300 metric tons/ 330 short tons), new lift. The new lift will be designed with the same wheelbase in order to fit on the existing haul-out pier. It will enable the harbor to haul out larger vessels which cannot currently be lifted due to machine weight limitations. For the past two months the harbor crew has struggled to troubleshoot and repair a problem that results in boats being raised and/or lowered in a jerky, uneven manner. Fortunately nobody has been injured and no damage has occurred. Keeping existing equipment operational is getting to be costly and is resulting in disruptions to local businesses which depend on the lift to repair their vessels. For example, during the week of June 7 the crew invested 30 hours to disassemble and replace a hydraulic valve, with no resulting improvement in the operation. Already, in 2014, approximately $18,000 has been spent on parts (most of the parts that were recently purchased had to be manufactured, as the parts are no longer available) for the old machine. If the boat lift equipment has to be taken out of service, it is very likely that private business owners will be adversely delayed and potential income will be lost. The lift is currently operational. The recommended approach is to purchase a new machine and trade in the old machine. The net cost to the city will be $1,441,087. It is also proposed that the Port and Harbor Tariff Regulations be amended to increase lift fees by 25% for vessels up to 55 feet and by 15% for each additional foot longer than 55 feet: Rate Basis _Current Rate Proposed New Rate Minimum Fee (boats up to 55 feet long) $346.50 $425.00 (up 25%) Additional Fee per foot for vessels 55 feet and longer $21 $24 (up 15%) The proposed new rates will still be significantly lower than other Alaska harbors (see attachment). The rate increase should generate an additional approximately $20,000 per year. The new lift will also generate another $20,000 per year from vessels that currently have to be ZI turned away due to size limitations of the existing Lift. An additional $10,000 per year is forecast from boats that come to Seward and want work in the Vigor shipyard. The Administration recommends a sole-source purchase of a Marine Travelift brand boat lift for the following reasons: We have received excellent service and response from this company over years of working with them on our two existing lifts; we will receive a trade-in on our existing Marine Travelift of$300,000; the quality of Lift equipment and parts from Marine Travelift has been excellent; maintaining a consistent make of equipment is cost-effective and standardization saves on repair time; and the alternative is to purchase from a foreign vendor, where there are added costs and challenges associated with ordering, shipping, and purchasing parts from overseas, since those parts are not available in-country and there are uncertainties associated with relying on parts and service from overseas. The delivery time for a new machine is approximately six months. INTENT: To authorize the purchase of a boat lift at a gross cost of $1,771,087, offset by a trade-in of $300,000 on the existing 250-Ton Lift, for a total cost including shipping, not to exceed $1,441,087. Funding will come from a combination of SMIC and General Funds, as well as a loan from the Motor Pool Fund. The loan could be repaid with grant funds if SMIC expansion efforts come in under budget. A separate resolution will come forward authorizing an inter-fund loan. CONSISTENCY CHECKLIST: Yes No N/A 2020 Seward Comprehensive Plan (page 18): Update and expand 1. infrastructure for commercial and industrial properties that are currently X undeveloped or underdeveloped. 2 City of Seward Strategic Plan (page 7): Expand Development in the X Seward Marine Industrial Center Other: SMIC Development Plan: An adequate transportation 3. infrastructure that will: (1) serve the needs of the industrial complex; (2) X allow for growth; and (3) attract new business to the community. FISCAL NOTE: The marine Lift does not generate sufficient income to support debt service on a revenue bond. However, the Lift does bring vessels and their crews and business into the community that might otherwise move business to another harbor if the Lift was not available. Therefore, the administration proposes funding this purchase as follows: 1) appropriate $62,000 in 2013 surplus cash from the SMIC Fund; 2) appropriate $350,000 from the General Fund, representing approximately $250,000 in one-time 2013 property tax proceeds from the Shell oil rig Noble Explorer, and $100,000 in 2013 raw fish tax proceeds; and 3) borrow $1.038 Million from the Motor Pool Internal Service Fund to be repaid over a period of seven (7) years at an interest rate of 2%, in annual payments of approx. $160,000. New revenues explained above, are expected to generate approximately $50,000 per year. Repair and maintenance costs associated with the old lift are expected to decline by approximately $10,000 per year. Based on 2012 and 2013 actual revenues, boat lift fees and storage fees are expected to generate $15,000 per year more than budgeted. This leaves an annual deficit of $85,000. It is expected that remaining grant funds from the SMIC Expansion Project could be used to pay for this Lift if the SMIC basin project comes in within budget, or that new revenues associated with expansion at SMIC could materialize. Alternatively, shortfalls would need to be covered by the General Fund each year, as it covers the deficits in the SMIC Enterprise Fund. Approved by Finance Department: igieT44tchi....P ATTORNEY REVIEW: Yes No X RECOMMENDATION: ���. Council approve Resolution 2014- of,'authorizing the City Manager to approve the sole source purchase of a 330 Ton boat lift for a net cost after trade-in of$1,441,087 including shipping, and declare the 250 Ton boat lift as surplus public property to be traded in. 7-3 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2014-061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING AN INTERFUND LOAN FROM THE MOTOR POOL INTERNAL SERVICE FUND TO THE SMIC ENTERPRISE FUND IN THE AMOUNT OF $1,029,087 FOR THE PURPOSE OF PURCHASING A 330-TON TRAVELIFT WHEREAS, at its meeting of July 14,2014,the Seward City Council approved Resolution 2014-054, authorizing the purchase of a 330-ton boat lift and further authorizing a loan from the Motor Pool Internal Service Fund to the Seward Marine Industrial Center("SMIC")Enterprise Fund, as part of a funding package; and WHEREAS, SMIC will borrow$1,029,087 from the Motor Pool Fund for a period of seven years,representing the standard amortization period for a capital equipment lease term;resulting in annual debt service payments of$147,012.43. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Seward City Council hereby authorizes an interfund loan from the Motor Pool Internal Service Fund to the SMIC Enterprise Fund in the amount of$1,029,087,for the term of seven years,resulting in annual debt service payments of$147,012.43,with the first payment due on March 1, 2015 and each September 1 and March 1 thereafter, maturing on September 1, 2021. Section 2. The amount of$1,029,087 is hereby transferred from the Motor Pool Internal Service Fund to the SMIC Enterprise Fund. Section 3. The 2015 Budget is hereby amended to account for the annual debt service payments, as follows: SMIC debt service principal is increased by $147,012.43. 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 28th day of July, 2014. .,. 2y CITY OF SEWARD, ALASKA RESOLUTION 2014-061 THE CITY OF SEWARD, ALASKA 2IOYYZ.) /( !,�G J an Bardarson, Mayor AYES: Keil, Terry, Squires, Butts, Darling, Bardarson NOES: Casagranda ABSENT: None ABSTAIN: None ATTEST: .44,1 .JIB ohanna Kim , CMC ity Clerk •'�tttttfyf f ••r OF SE •f"f� CG4r•'oaPOR,r SEAL # elil '.41i OF t. J Agenda Statement a CI�1 o Meeting Date: Jul 28, 2014 tea, tASw Through: James Hunt, City Manager From: Kristin Erchinger, Finance Director Agenda Item: Interfund Loan from Motor Pool to SMIC to purchase 330 Ton Travelift BACKGROUND & JUSTIFICATION: On July 14,2014,the Seward City Council approved Resolution 2014-54,authorizing the purchase of a 330-Ton Travelift and authorizing a loan from the Motor Pool Internal Service Fund to the SMIC Enterprise Fund in the amount of$1,029,087. The standard amortization period for a capital equipment loan is seven years,so SMIC will repay this loan over a period of seven years at an interest rate of 2%,resulting in annual debt service payments of$158,276. The benefits of inter-fund borrowing include: 1)reduction in overall borrowing costs; 2) the SMIC Fund lacks cash reserves to pay for this equipment outright; 3) the travelift is a loss leader for the enterprise fund,but provides a vital service to vessels operating out of Seward;and 4) interest costs will be repaid to the City rather than an outside financing entity, saving taxpayer money. The SMIC Enterprise Fund does not currently generate sufficient revenue to make the required annual debt service payments of$158,276. The administration has recommended an increase in travelift rates which would generate approximately $20,000 per year, plus the expected increase in lifts resulting from the higher capacity of the new lift is expected to generate $20,000, and higher demand due to the new shipyard operator is expected to generate an estimated$10,000 per year,for a total annual increase in revenues of$50,000. Existing repair and maintenance costs are expected to decline$10,000 per year in the short-term. Boat lift and storage fee revenue is expected to increase $15,000 over currently budgeted levels. When taking into account the above estimated cost savings and new revenues, the annual estimated shortfall from this transaction is $83,276. If new SMIC economic activity fails to generate sufficient revenues to pay this shortfall, the General Fund will need to cover the annual costs. INTENT: This transaction authorizes an interfund loan between the Motor Pool and SMIC for the purchase of a new 330-Ton travelift. SMIC will make annual debt service payments and if it fails to maintain sufficient cash flow to make annual debt payments,the City Council may be asked to authorize the General Fund to make the debt payments. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan : Continued development of SMIC (p. 6) X Strategic Plan : Expand development in the Seward Marine Industrial 2. Center (p. 8); The City of Seward is fiscally responsible and utilizes X creative and responsible funding alternatives (p. 20); 3. Other (list): Resolution 2014-54 X FISCAL NOTE: This loan will reduce the cash balance in the Motor Pool Fund to approximately$200,000,assuming that budgeted capital purchases are made. The Motor Pool has no outstanding debt. Annual cash inflows into the Motor Pool include $29,221 from the Harbor Enterprise Fund(final payment due January, 2015) and $98,576 from the Hospital Enterprise Fund for unfunded pension liability payments for Seward General Hospital PERS(final payment due 2026). In addition,annual inflows from vehicle rent are approximately $480,000 per year. The historic cost of vehicles and heavy equipment in the Motor Pool Fund totals $5.9 Million. Approved by Finance Department: Jeti:o. i -liu(14ti ATTORNEY REVIEW: Yes No X RECOMMENDATION: \ Seward City Council adopt Resolution 2014- authorizing an interfund loan from the Motor Pool to the SMIC Enterprise Fund in the amount of$1,029,087. r2-i 07/22/2014 12:38:12 AM Page 1 Loan from Motor Pool Internal Service Fund to SMIC Enterprise Fund for purchase of 330-ton travelift. See RES 2014-54. 7 year amortization at 2% in the amount of$1,029,087 Compound Period • Semiannual Nominal Annual Rate : 2.000 % CASH FLOW DATA Event Date Amount Number Period End Date 1 Loan 09/01/2014 1,029,087.00 1 2 Payment 03/01/2015 79,138.00 14 Semiannual 09/01/2021 AMORTIZATION SCHEDULE - Normal Amortization Date Payment Interest Principal Balance Loan 09/01/2014 1,029,087.00 2014 Totals 0.00 0.00 0.00 1 03/01/2015 79,138.00 10,290.87 68,847.13 960,239.87 2 09/01/2015 79,138.00 9,602.40 69,535.60 890,704.27 2015 Totals 158,276.00 19,893.27 138,382.73 3 03/01/2016 79,138.00 8,907.04 70,230.96 820,473.31 4 09/01/2016 79,138.00 8,204.73 70,933.27 749,540.04 2016 Totals 158,276.00 17,111.77 141,164.23 5 03/01/2017 79,138.00 7,495.40 71,642.60 677,897.44 6 09/01/2017 79,138.00 6,778.97 72,359.03 605,538.41 2017 Totals 158,276.00 14,274.37 144,001.63 7 03/01/2018 79,138.00 6,055.38 73,082.62 532,455.79 8 09/01/2018 79,138.00 5,324.56 73,813.44 458,642.35 2018 Totals 158,276.00 11,379.94 146,896.06 9 03/01/2019 79,138.00 4,586.42 74,551.58 384,090.77 10 09/01/2019 79,138.00 3,840.91 75,297.09 308,793.68 2019 Totals 158,276.00 8,427.33 149,848.67 11 03/01/2020 79,138.00 3,087.94 76,050.06 232,743.62 12 09/01/2020 79,138.00 2,327.44 76,810.56 155,933.06 2020 Totals 158,276.00 5,415.38 152,860.62 13 03/01/2021 79,138.00 1,559.33 77,578.67 78,354.39 14 09/01/2021 79,138.00 783.61 78,354.39 0.00 2021 Totals 158,276.00 2,342.94 155,933.06 Grand Totals 1,107,932.00 78,845.00 1,029,087.00 Sponsored by: Planning and Zoning Commission Introduction Date: April 27, 2015 Public Hearing Date: May 11, 2015 Enactment Date: May 11, 2015 CITY OF SEWARD, ALASKA ORDINANCE 2015-002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE LAND USE PLAN AND THE REZONING OF LOT 4, FORT RAYMOND SUBDIVISION, FROM INSTITUTIONAL (INS) TO AUTO COMMERCIAL (AC) WHEREAS, the Chamber of Commerce has been the lease holder of City owned Lot 4, Fort Raymond Subdivision, located at 2001 Seward Highway since 1989; and WHEREAS, the Chamber of Commerce has requested a Zoning and Land Use Plan amendment for Lot 4, Fort Raymond Subdivision from Institutional (INS) to Auto Commercial (AC); and WHEREAS, the current Zoning and Land Use Plan designations of the property are Institutional (INS); and WHEREAS, a goal of the Seward Comprehensive Plan is to maintain Seward's Land Use Plan as the primary local tool to ensure quality community land use arrangements, growth, and development; and WHEREAS, Lot 4, Fort Raymond Subdivision is approximately 1.1 acres and is abutting the Auto Commercial Zoning District to the south, and WHEREAS, the adjoining parcels to the north and west are currently zoned Institutional (INS) and contain the Parks and Rec Warehouse, the parcel known as the Air Force Rec Camp, and the community cemeteries; and WHEREAS, the adjoining parcels to the south fronting the Seward Highway are all zoned Auto Commercial, are privately owned and contain the businesses of the Coffee Cup, Safeway and other highway oriented businesses; the parcels to the east, across the Seward Highway are zoned Industrial and include the Leirer Subdivision and the Alaska Railroad; and WHEREAS, the Auto Commercial district was established to provide areas to accommodate highway-oriented commercial activities such as offices, certain institutional uses, and limited personal services and retail uses requiring substantial outdoor activity, traffic, and parking; and WHEREAS, the Chamber of Commerce offers a high level of business, tourist services and highway oriented activates which fit into the Auto Commercial Zoning District; and CITY OF SEWARD,ALASKA ORDINANCE 2015-002 WHEREAS, the public notification process was complied with and the appropriate public hearing as required by Seward City Code § 15.01.040 was held by the Planning and Zoning Commission on April 7,2015; and WHEREAS, the Commission approved Resolution 2015-06, recommending the Seward City Council approve the proposed Land Use Plan and Zoning Maps amendments included in the ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The official Land Use Map of the City is hereby amended changing the land use designation of Lot 4, Fort Raymond Subdivision from Institutional (INS) to Auto Commercial (AC). (see attached map) Section 2. The official Zoning Map of the City is hereby amended changing the zoning designation of Lot 4, Fort Raymond from Institutional (INS) Auto Commercial (AC). (see attached map) Section 3. This ordinance shall take effect ten (10) days following enactment. ENACTED by the City Council of the City of Seward,Alaska,this 11th day of May, 2015. THE CITY OF SEWARD, ALASKA Jean Bardarson, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: • Johanna Kinney, CMC City Clerk (City Seal) 30 Council Agenda Statement of sets. Meeting Date: April 27, 2015 o Through: Jim Hunt, City Manag acnsK� Ron Long, Assistant Ci Manage-r- ,� - From: Donna Glenz, Planner Agenda Item: Amending the Land Use Plan and rezoning of City-owned Lot 4, Fort Raymond Subdivision, located at 2001 Seward Highway, from Institutional (INS)to Auto Commercial (AC) BACKGROUND & JUSTIFICATION: Attached for City Council review and adoption is Ordinance 2015- 002 , amending the Zoning designation and Land Use Plan map for City-owned Lot 4, Fort Raymond Subdivision, located at 2001 Seward Highway, from Institutional (INS)to Auto Commercial (AC) (see attached maps). The applicant has requested this rezone in order to provide land suitable for future commercial uses allowed within the Auto Commercial District. The current use by the Seward Chamber of Commerce and Visitors Bureau is more consistent with uses normally conducted within the Auto Commercial Zoning District. Seward City Code (SCC) §15.01.035, Amendments, (b) (3) allows the consideration of this rezone as the area is contiguous to the requested Auto Commercial zoning district and also contains more than 1 acre. Parcels to the south along Seward Highway corridor, including the Coffee Cup and the Safeway store development, are currently zoned Auto Commercial. The parcels to the north and west are zoned Institutional and include school campuses, cemeteries and a military resort. The parcels to the east, across the Seward Highway are zoned Industrial and include the Leirer Subdivision and the Alaska Railroad. In order for the lot to be rezoned, the underlying Land Use Plan will also need to be amended. The Land Use Plan adopted with the 2020 Seward Comprehensive Plan recommends this area remain Institutional. However the area contiguous to the south is recommended to remain Auto Commercial. SCC 15.05.025. Land use districts--Established, definitions a) Established. The city is hereby divided into land use districts which shall be bounded and defined as shown on the official land use map. This official map, together with all explanatory matter thereon, as exhibited at the time of public hearing, is hereby adopted by reference and declared to be a part of this chapter. The requested Zoning and Land Use Map change of the area for rezone is Auto Commercial 3i (AC) defined in SCC 15.05.025 (b). as (8) Intended to provide areas to accommodate highway oriented commercial activities such as offices, certain institutional uses, and limited personal services and retail uses requiring substantial outdoor activity, traffic and parking, and which also serve the offices and nearby residential areas, and which do not materially detract from nearby residential areas. Recognizing that the primary concern of all zoning actions is to promote public health, safety and general welfare (SCC 15.01.010), Community Development recommends this rezone for the following reasons: 1. This rezone will allow for commercial and business use of Lot 4, Fort Raymond Subdivision, which is consistent with the intent and purpose of the Seward Chamber of Commerce. 2. At this time the community would be better served by allowing more commercial activity along the Seward Highway corridor, while creating and preserving adequate non-commercial areas outside of the highway corridor for residential development. INTENT: Rezone and amend the Land Use Map for City owned Lot 4, Fort Raymond Subdivision from located at 2001 Seward Highway, from Institutional (INS)to Auto Commercial (AC). CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (2020, approved by Council 2005): Volume I,page 27; Section 3.7.3.1_ X Promote expansion and development of local entrepreneurial businesses. (page 16) Strategic Plan (1999): Promote residential and commercial development inside the City. X (page 9) Property owners within three hundred (300) feet of Lot 4, Fort Raymond Subdivision were notified of this proposed Rezone. Public notice signs were posted on the property, and all other public hearing requirements of Seward City Code §15.01.040 Public Hearings were complied with. The Planning and Zoning Commission held the public hearing April 7, 2015 approved Resolution 2015-06 recommending City Council approval of the attached Ordinance 2015- , amending the Land Use Plan and Rezoning City owned Lot 4, Fort Raymond Subdivision from Institutional(INS)to Auto Commercial (AC). FISCAL NOTE: The City of Seward will have no costs associated with this amendment to the Land Use Plan and change of zoning designation. //� Approved by Finance Department 1/4.40 ) 31 ATTORNEY REVIEW: Yes X No RECOMMENDATION: The Seward Planning and Zoning Commission and Staff Recommend: April 27, 2015 the Council introduce Ordinance 2015- 00Z amending the Land Use Plan and Rezoning City owned, Lot 4, Fort Raymond Subdivision from Institutional (INS) to Auto Commercial (AC) May 11,2015 the Council conducts a public hearing and enacts Ordinance 2015-00L . J) Sponsored by: Staff CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2015-06 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL APPROVE THE ATTACHED ORDINANCE AMENDING THE ZONING AND LAND USE PLAN DESIGNATION OF CITY OWNED LOT 4, FORT RAYMOND SUBDIVISION, LOCATED AT 2001 SEWARD HIGHWAY, FROM INSTITUTIONAL(INS)TO AUTO COMMERCIAL(AC) WHEREAS, the Chamber of Commerce has been the lease holder of City owned Lot 4, Fort Raymond Subdivision,located at 2001 Seward Highway since 1989;and WHEREAS, the Chamber of Commerce has requested a Zoning and Land Use Plan amendment for Lot 4, Fort Raymond Subdivision from Institutional (INS)to Auto Commercial (AC); and WHEREAS,a goal of the Seward Comprehensive Plan is to Maintain Seward's Land Use Plan as the primary local tool to ensure quality community land use arrangements, growth, and development;and WHEREAS, Lot 4, Fort Raymond Su ivision is approximately 1.1 acre and is abutting the y mond �. Auto Commercial Zoning District to the south,and WHEREAS, the Auto Commercial district was established to provide areas to accommodate highway-oriented commercial activities such as offices, certain institutional uses, and limited personal services and retail uses requiring substantial outdoor activity,traffic,and parking; and WHEREAS, the public notification process was complied with and the appropriate public hearing as required by Seward City Code § 15.01.040 was conducted by the Commission on April 7, 2015. NOW, THEREFORE,BE IT RESOLVED by the Seward Planning and Zoning Commission that: 31"i Seward Planning and Zoning Resolution 2015-06 Page 2 of 2 Section 1. The Seward Planning and Zoning Commission supports the proposed Zoning and Land Use Plan amendments and recommends the attached Ordinance 2015-_ be forwarded to City Council for approval. R ,, Section 2. This resolution shall take'Cffect`immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7th day of April 2015. THE CITY OF SEWARD, ALASKA At A a/ ' 'iii L -- Cindy i und,Chair AYES: Fleming,Coulter,Anderson,Seese, Ecklund NOES: None ABSENT: Swann ABSTAIN: None VACANT: One ATTEST: .4 L 4 ./„1/u J I hanna Ki' y,CMC , ity Clerk (City Seal) $$$$$sas a � °•� O¢ S E ' s ,4•%A. ••......•.rsq . •• 4. 6. o• o e es, r h !!I —E •_ ' ▪ s • . -. -- 3‘-) City of Seward,Alaska Planning Commission Minutes April 7, 2015 Volume 7, Page 127 Unfinished Business Items requiring a Public Hearing—None New Business Items requiring a Public Hearing— Resolution 2015-06 of the Seward Planning and Zoning Commission of the City of Seward, Alaska recommending City Council approve the attached Ordinance amending the Zoning and Land Use Plan designation of City owned Lot 4, Fort Raymond Subdivision, located at 2001 Sew; '"_ iighway, from Institutional (INS) To Auto Commercial (AC) Glenz provided the history of the City lease to the Chamber o She noted the location on wall maps and explained how the parcel could be uti eo r more ercial activity if it ��_' ,to e Glenz noted were zoned Auto Commercial, which was appropriate ; `�� d Highwa � tag e. that nearby property owners were notified through • ublic hearing process' '4, , supported the proposed rezone, Glenz said. ,i �' Notice of public hearing being posted and published ,; ∎uired by law was noted and the public hearing was opened. � �;� No one requested to be heard and the pub • • was close• Motion (Fleming/Coulter) � � • • ', �,• - ution 2015-06 rr Fleming noted that a work n was hel and the •roposed Auto Commercial zoning designation was morsogltropriatelotthe existing . !'+'fix: Motion Passed nanimous ' ution % , of 'Seward Planning and Zoning Commission of the of Seward ending City Council approve the renaming of are i rth/south ri• 'f way yorrently known as Hemlock Street to Crabapple Str • ated withi •e soUthwest corner of the Forest Acres Subdivision Glenz pointed o i'/% - right way location on wall maps. The right of way was established in 1978, but had not b ,` <■letely developed, Glenz said. Several street names were considered, and duplicate street n. within the Kenai Peninsula Borough had been eliminated. An adjacent property owner had I oposed the name Crabapple and canvased nearby property owners, Glenz said. No comments from the public had been received. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Sandie Roach', inside City limits, said she only recently learned of the proposed street name change. Roach' said she did not think the Crabapple Street name was in keeping with the street 3� ) - jar. .,t' ' 2 •,�' ' A - , „, e ) x r 'Ibis; Institutional ! 7{ . Zoning r al< r District # `• A ;,[• _ . c 2001 Seward Highway ,s ° �t _.;; Chamber Lease Property a_ Institutional to Auto Commercial ill/ (,,, .f.,, ; ' , �— �`. .. 4 ...„, 4 , ,. , , rs + as` - �/ O �- }, .. Industrial ,. A Zoning ! District '' Auto Commercial _ a Zoning District J. r /< rM ...,3 y s I I .:.f tt l Y I [ 4 ' ,1 \ ' ..1.— _ , Current Zoning Map /FSp�q Z\ Institutional to Auto Commercial ��=!'4c, • N April 7, 2015 Due to different data sources property lines and aerial co,' 1 0 200 400 Feet imagery do not overlay correctly. Map is to be used for •cASKP # - orientation and reference purposes only. 51 "' Mapping Assistance by Alaska Map Company,LLC / ., i 4 ..r�. a e , i ! ` �' . i:--I Institutional 1 F..' (� ` Zoning 4 District zer • 2001 Seward Highway i Chamber Lease Property . Institutional to Auto Commercial i ' ; �,- Industrial ,� Zoning F - J ;, District 4- ,4111011 4 Current Land Use Plan Map � �., Institutional to Auto Commercial / SF ��.a �pc 0 N April 7, 2015 Due to different data sources property lines and aerial 0 200 400 Feet imagery do not overlay correctly. Map is to be used for 0> # orientation and reference purposes only. "c6 - Mapping Assistance by Alaska Map Company,LLC Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2015-035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING ADDITIONAL FUNDING TO THE SEWARD CHAMBER OF COMMERCE IN THE AMOUNT OF $14,128, AND APPROPRIATING FUNDS WHEREAS, the City of Seward implemented a 4% bed tax on January 1, 1996 and from 1996 through 2000,contributed varied amounts of the bed tax to the Seward Chamber of Commerce ("Chamber")to fund specific activities such as improvements to the visitor center,a visitor brochure, a feasibility study, convention center study, etc.; and WHEREAS, beginning in 2001, the Seward City Council agreed to share 50% of the budgeted bed tax with the Chamber for the express purpose of providing marketing and economic development services on behalf of the community; and WHEREAS, beginning in 2002,the Seward City Council began basing the contribution to the Chamber on 50% of the previous full years' actual bed tax collected; and WHEREAS,in 2011,the City of Seward approved its first Biennial Budget,resulting in the second year of the two-year budget being based on estimated bed tax collections rather than on actual collections; and WHEREAS, the actual bed tax collections in 2013 (which provide funding for 2015)were $408,256,half of which is$204,128,which is$14,128 higher than the conservative budgeted amount of$190,000; and WHEREAS, in order to forward 50% of the actual bed tax collections to the Seward Chamber of Commerce in 2015, an additional appropriation in the amount of$14,128 is needed. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The amount of$14,128 is hereby accepted from the General Fund undesignated reserves account no.01000-0000-3400 to the Seward Chamber of Commerce contributions account no. 01000-0000-7801. Section 2. This resolution shall take effect immediately upon its adoption. 3°) CITY OF SEWARD,ALASKA RESOLUTION 2015-035 PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 27`h day of April, 2015. THE CITY OF SEWARD ALASKA Jean Bardarson, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) H0 Council Agenda Statement e of sFi4 Meeting Date: April 27, 2015 ►' o To: City Council P Through: Jim Hunt, City Marla_ s0 From: Kristin Erchinger, Finance Director OR) Agenda Item: Additional bed tax contribution to Seward Chamber of Commerce BACKGROUND & JUSTIFICATION: The City of Seward implemented a 4% bed tax on January 1, 1996. The annual bed tax revenue since inception is reflected on the attached document, as is the list of historical contributions to the Seward Chamber of Commerce. From 1996 through 2000, the City made varied levels of financial contributions to the Seward Chamber of Commerce to fund specific activities such as improvements to the visitor's center, a visitor brochure, a feasibility study, a convention study, etc. Beginning in 2001, the Seward City Council agreed to share 50% of the budgeted bed tax with the Chamber for the express purpose of providing marketing and economic development services on behalf of the community. Beginning in 2002,the Council decided to base the contribution to the Chamber on 50%of the most recent known full years' actual bed tax collected, since that amount was known and was easily budgeted. However, beginning in 2012,the City implemented a two-year budget. This resulted in the approval of the 2014/2015 budget in 2013, such that it was no longer possible to know with certitude,actual tax collections for 2013,which would determine the contribution level for 2015. In order for 2015 contributions to the Chamber of Commerce to equal 50% of the actual 2013 bed tax collections, an additional appropriation is requested. INTENT: To increase the 2015 contribution to the Seward Chamber of Commerce to equal 50% of the 2013 actual bed tax collections. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (2020 Comp Plan): X 2. Strategic Plan: X 3. Other: X FISCAL NOTE: This resolution results in an additional appropriation from the General Fund undesignated reserves coming from the Hotel/Motel Room tax, of$14,128. Approved by Finance Department: 6e4;a4, �.�6u1Z ATTORNEY REVIEW: Yes No X RECOMMENDATION: Approve City Council Resolution 2015- Obappropriating$14,128 in supplemental contributions to the Seward Chamber of Commerce. y ' CITY OF SEWARD HOTEL/MOTEL ROOM TAX CONTRIBUTIONS TO SEWARD CHAMBER OF COMMERCE FOR MARKETING AND ECONOMIC DEVELOPMENT Year of Funding to Excess/(Deficit) Bed Tax One-half Chamber of Year of from 50% Collections of Bed Tax Commerce Contribution Remittance 2013 $ 408,256 $ 204,128 $ 190,000 2015 2012 $ 380,210 $ 190,105 $ 190,105 2014 $ (0) 2011 $ 334,824 $ 167,412 $ 170,000 2013 $ 2,588 2010 $ 328,396 $ 164,198 $ 164,198 2012 $ (0) 2009 $ 285,313 $ 142,657 $ 151,000 2011 $ 8,343 2008 $ 362,004 $ 181,002 $ 181,002 2010 $ (0) 2007 $ 343,162 $ 171,581 $ 171,581 2009 $ 0 2006 $ 310,570 $ 155,285 $ 155,285 2008 $ (0) 2005 $ 284,656 $ 142,328 $ 142,000 2007 $ (328) 2004 $ 239,660 $ 119,830 $ 121,600 2006 $ 1,770 2003 $ 215,145 $ 107,572 $ 107,500 2005 $ (72) 2002 $ 217,482 $ 108,741 $ 108,700 2004 $ (41) 2001 $ 209,458 $ 104,729 $ 104,700 2003 $ (29) 2000 $ 213,619 $ 106,000 2002 1999 $ 163,330 $ 90,000 2001 1998 $ 148,211 $ 35,000 2000 1997 $ 76,588 $ 70,000 1999 1996 $ 53,461 $ - 1998 $ 28,000 1997 $ 12,782 1996 Beginning in 2001,the Seward City Council agreed to share 50%of the budgeted bed tax with the Chamber of Commerce. 12. Sponsored by: Hunt CITY OF SEWARD,ALASKA RESOLUTION 2015-036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, OFFICIALLY RENAMING THE NORTH/SOUTH RIGHT OF WAY CURRENTLY KNOWN AS HEMLOCK STREET TO CRABAPPLE STREET LOCATED WITHIN THE SOUTHWEST CORNER OF THE FOREST ACRES SUBDIVISION WHEREAS, located south of the Hemlock Avenue and Afognak Avenue intersection is an undeveloped, 34 foot platted, north/south right of way (ROW) currently known as Hemlock Street; and WHEREAS, the short piece of Hemlock Street (north/south) was dedicated on Plat 1978-04 Seward Recording District; and WHEREAS, the City is in the process of constructing a 600,000 gallon water tank facility on Lot C-6, Gateway Subdivision, locate at the south terminus of the Hemlock Street (north/south) ROW; and WHEREAS, within the City limits of Seward is the well-known east/west ROW named Hemlock Avenue, located between the Seward Highway and Afognak Avenue; and WHEREAS, eliminating duplicate and sound-alike street names is a goal of the Enhanced 911 Street Naming and Addressing system; thereby enabling 911 Emergency Services to respond to emergencies in an efficient and timely manner; and WHEREAS, an adjoining property owner canvased the neighboring property owners for a suggested street name and in keeping with the Forest Acres tree name theme the neighbors suggested Crabapple Street; and WHEREAS, City Council Resolution 85-10 established a Street-Naming and Numbering System to provide a standard approach to the naming and numbering of streets within the City limits; and WHEREAS, the Crabapple Street recommendation meets all sections of the Resolution 85-10 Street Naming System; and WHEREAS, the official naming of any drive surface within the City must be designated by a platting action or a Resolution of the City Council; and 1-12 CITY OF SEWARD, ALASKA RESOLUTION 2015-036 WHEREAS, on March 17, 2015 the Planning and Zoning Commission held a public work session on the renaming suggestion of Crabapple Street, no negative responses were heard; and WHEREAS, having complied with the public notification process, on April 7, 2015, the Seward Planning and Zoning Commission held a public hearing on the recommendation of renaming Hemlock Street to Crabapple Street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The north/south public right of way currently known as Hemlock Street shall be officially renamed Crabapple Street. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 27th day of April 2015. THE CITY OF SEWARD, ALASKA Jean Bardarson, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) 'J L-I Agenda Statement e. of set, Meeting Date: April 27, 2015 ;r:, o To: City Council 414-1-0"" Through: Jim Hunt, City Mana Ron Long,Assistant City anager From: Donna Glenz, Planner �( Agenda Item: Resolution 2015- officially renaming the north/south right-of-way known as Hemlock Street to Crabapple Street. BACKGROUND & JUSTIFICATION: Located in the southwest area of the Forest Acres Subdivision, south of the Hemlock Avenue and Afognak Avenue intersection is an undeveloped 34 foot wide platted right-of-way (ROW) currently named Hemlock Street. This right of way was legally platted in 1978 but has not been completely developed. A new 600,000 gallon water tank facility is being constructed on Lot C-6 and this ROW will be used as access to the facility. Also located within the City limits of Seward is the east/west public ROW named Hemlock Avenue, Hemlock Avenue runs between the Seward Highway at the east end and Afognak Avenue at the west. Eliminating duplicate and sound-alike street names is a goal of the Enhanced 911 Street Naming and Addressing system; thereby enabling 911 Emergency Services to respond to emergencies in an efficient and timely manner. City Council Resolution 85-10 established a street-naming and numbering system to provide a standard approach to the naming and numbering streets within the City limits. Since the procedure was established, several roads and streets have been officially named by Council. The Crabapple Street name meets the provisions of Resolution 85-10 and the Enhanced 911 Street Naming and Addressing system. An adjoining property owner canvased the neighboring property owners for a suggested street name and in keeping with the Forest Acres tree name theme the neighbors suggested Crabapple Street. The Planning and Zoning Commission held a public work session on March 17, 2015 where the suggested Crabapple Street name was discussed. No other suggestions were made and no negative comments were received. INTENT: Officially renaming the north/south ROW known as Hemlock Street to Crabapple Street. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan(2020 Comp Plan): 1. Public Safety: We value a safe community and a feeling of security. X (Volume I, page 14) 2 Strategic Plan(1999 Strategic Plan): X Promotes a safe community(Page 18) 3. Other(City Council Resolution 1985-10): X FISCAL NOTE: No known additional costs will be required in the re-naming of Hemlock Street to Crabapple Street. Approved by Finance Department: S ATTORNEY REVIEW: Yes No X Property owners within three hundred (300) feet of Hemlock Street ROW were notified of the proposed public ROW name change. Public notice signs were posted on the property, and all other public hearing requirements of Seward City Code §15.01.040 Public Hearings were complied with. The Planning and Zoning Commission held a public hearing on the recommendation to Council on April 7, 2015. One member of the public spoke against the name Crabapple, stating it was not a forest tree name. There are currently no developments or residents utilizing Hemlock Street name for addressing purposes. The Commission unanimously approved Resolution 2015- 07 recommending the City Council officially rename Hemlock Street to Crabapple Street. RECOMMENDATION: Approve City Council Resolution 2015- 030 officially renaming the north/south public right-of- way of Hemlock Street to Crabapple Street. (P IIY 1F `3 .04:,,:,-, :.,...„., . itito. w + w tee' 'yam Itil/1''''-ApINt .7,Waiiii::-..• - • ck . . :- - ' t / " • , iir . s .,, . ,.- .,,,. .4.‘,. ,, , -, ,. -,A .-:,... ...- - • _ Hemlock Street ' {, , '" ,, ttu r In iwittl F i i # 011. #. .... 1,41', ' , t.' - y d .,g ` `., •s , g. o j r t w• "' . r' k 4 ,L j `��•} � mil\ �'• J�Y✓`.... ; ., -% , . A, 0L,i, *--, 1..„., .,,i .tr • \ +�4 \��v' .. _ sue.+ t' 4 * \ aT_,,, \:a t,, J.. 311L� \ l sigitt.000000\ — 3. U It k _ # Y a$ j a "•_ s • . Hemlock Street Re-name Resolution 2015- ,se„, ��-- ,.��'c• N 04/27/2015 To Crabapple Street Due to different data sources property lines and aerial 0 130 260 520 Feet imagery do not overlay correctly. Map is to be used for 4P [ASK # ' - - - - - orientation and reference purposes only. I Mapping Assistance by Alaska Map Company,LLC Sponsored by: Staff CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2015-07 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION RECOMMENDING CITY COUNCIL APPROVE THE RENAMING OF THE NORTH/SOUTH RIGHT OF WAY CURRENTLY KNOWN AS HEMLOCK STREET TO CRABAPPLE STREET LOCATED WITHIN THE SOUTHWEST CORNER OF THE FOREST ACRES SUBDIVISION WHEREAS, located south of the Hemlock Avenue and Afognak Avenue intersection is an undeveloped, 34 foot platted,north/south right of way(ROW) currently known as Hemlock Street; and WHEREAS, the short piece of Hemlock Street (north/south) was dedicated on Plat 1978-04 Seward Recording District; and WHEREAS,the City is in the process of constructing a 600,000 gallon water tank facility on Lot C-6,Gateway Subdivision,at the south terminus of the Hemlock Street(north/south)ROW; and WHEREAS,within the City limits of Seward is the well-known east/west ROW named Hemlock Avenue, located between the Seward Highway and Afognak Avenue; and WHEREAS, eliminating duplicate and sound-alike street names is a goal of the Enhanced 911 Street Naming and Addressing system; thereby enabling 911 Emergency Services to respond to emergencies in an efficient and timely manner; and WHEREAS, an adjoining property owner canvased the neighboring property owners for a suggested street name and in keeping with the Forest Acres tree name theme the neighbors suggested Crabapple Street; and WHEREAS,on March 17,2015 the Planning and Zoning Commission held a public work session on the renaming suggestion of Crabapple Street,no negative responses were heard; and WHEREAS,City Council Resolution 85-10 established a Street-Naming and Numbering System to provide a standard approach to the naming and numbering of streets-Within the City limits; and WH1I REAS, the Crabapple Street recommendation meets all sections of the Resolution 85-10 Street Naming System; and WHEREAS, the official naming of any drive surface within the City must be designated by a platting action pr a Resolution of the City Council; and Seward Planning and Zoning Commission Resolution 2015-07 Page 2 of 2 WHEREAS,having complied with the public notification process,on April 7,2015,the Seward Planning and Zoning Commission held a public hearing on the recommendation of renaming Hemlock Street to Crabapple Street. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission recommends the City Council approve the official renaming of Hemlock Street to Crabapple Street. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 7th day of April 2015. THE CITY OF SEWARD, ALASKA _ I / 01, op i∎i f cklund,Chair AYES: Anderson,Fleming, Coulter, Seese, Ecklund NOES: None ABSENT: Swann ABSTAIN: None VACANT: One ATTEST: / I 4,. 6.-i.�.,..�J .1. anna Ki qv, CMC 4 C Clerk ®F SE/1 ,P,r (City Seal) o�w o"°;:tp Oe d •y tia • • � ;— p • a -9 , . A'''''' �. �` /.�'''''':::t.• P200%''' ..\` ;"ice /fi ,: City of Seward,Alaska Planning Commission Minutes April 7, 2015 Volume 7, Page 128 Resolution 2015-07 of the Seward Planning and Zoning Commission of the City of Seward, Alaska recommending City Council approve the renaming of the north/south right of way currently known as Hemlock Street to Crabapple Street,located within the southwest corner of the Forest Acres Subdivision Glenz pointed out the right of way location on wall maps. The right of way was established in 1978, but had not been completely developed, Glenz said. Several st. • mes were considered, and duplicate street names within the Kenai Peninsula Borough h. ,k p gh en eliminated. An adjacent property owner had proposed the name Crabapple and canvas- : :444 property owners, Glenz said. No comments from the public had been received. ., Notice of public hearing being posted and publishe' .tired by 1 s noted and the public hearing was opened. IV Sandie Roach', inside City limits, said she only re le of the proposstreet name change. Roach' said she did not think the Crabapple St .me was in keeping with the street theme of the Forest Acres neighborho•q She suggested marack was more suitable, and possibly Larch. No one else requested to be heard and the bh . was cl I d. Motion (Andersoi : n'',t) �;y, Approved;: solution 2015-07 0 v ''-: Anderson said she d • .see any blem with th ame Crabapple Street. td. , rl' ii Coulter noted that a work '' ,to_ cuss the proposed name change and several {%h names were„ '� j, ;j ''% Unanimous -;/ tion Passed %/�� Re` 'on 2015-08 the Seward Planning and Zoning Commission of the City . eward, ka recommending City Council approve Council Resolute' ' ' 5-021 onating a portion of Pat Williams Park for development of a senior -facility with conditions, as amended March 23, 2015 (as attached) Glenz said the resolution was intended to provide a recommendation to City Council regarding the proposed donation of park land for a senior housing facility. The proposal had been amended by Council, reducing the portion of land for the proposed project to .7 acres, Glenz said. Council requested that the Planning and Zoning Commission hold a public hearing to take comment. Glenz pointed out the location of the parcel and explained the history of the land, including a geotechnical report that indicated the property included fractured ground and was in a high risk 50 Sponsored by: Hunt CITY OF SEWARD,ALASKA RESOLUTION 2015-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONSTRUCTION CONTRACT WITH HARMON CONSTRUCTION INC. FOR THE PURPOSE OF CONSTRUCTING A NEW NORTHEAST HARBOR FISH CLEANING STATION IN THE AMOUNT OF $549,139, AUTHORIZING A CONTINGENCY, AND APPROPRIATING FUNDS WHEREAS, the City of Seward applied to the Community Coastal Impact Assistance Program (CIAP) for funds to replace the NE Harbor Fish Cleaning Station; and WHEREAS, the Alaska Department of Commerce, Community, and Economic Development (DCCED) that administers the CIAP grant program has awarded grant funds in the amount of$579,000 to the City of Seward for this project; and WHEREAS, the Harbor Department has solicited construction bids and Harmon Construction Inc. was the lowest responsible bidder; and WHEREAS, the City intends to execute a construction contract with Harmon Construction Inc. to build the NE Harbor Fish Cleaning Station. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is hereby authorized to enter into a construction contract with Harmon Construction Inc. as attached hereto, in substantial form, in an amount not to exceed $549,139. Section 2. A contingency in the amount of$54,000 is hereby authorized, with contract amendment subject to pre-approval in writing, in advance, by the City Manager. Section 3. Funding in the amount of $103,006 is hereby appropriated from the Harbor Major Repair & Replacement Fund reserves account no. 11001-0000-3721-0000-11391, as follows: $54,000 to Contingency account no. 11391-0000-7807, and $49,006 to Improvements account no. 11391-0000-8105. Section 4. This resolution shall take effect immediately. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 27th day of April, 2015. Jk Agenda Statement Meeting Date: April 27, 2015 To City Council Through: Jim Hunt, City Manager!. 11 °' From: Mack Funk, Harbormaster1 Agenda Item: Approve a construction contract with Harmon Construction Inc. to construct a new NE Harbor Fish Cleaning Station BACKGROUND&JUSTIFICATION: In March 2010 the City applied for a grant to replace the NE Harbor Fish Cleaning Station. On April 28, 2014 the City Council approved Resolution 2014-041 accepting a grant offer for$579,000. On July 14, 2014 the City Council approved Resolution 2014-056 authorizing an engineering contract in the amount of$78,813. In December 2014 the City advertised for construction bids,but they all came in over budget. The project was scaled down. In February 2015 the project was re-bid and Harmon Construction Inc. was the lowest bidder: Engineer's estimate including contingency $610,265 Harmon Construction $635,045 Orion Marine Contractors $697,970 Swalling $701,825 Each bid exceeded the grant funds available, so the Harbormaster negotiated with the engineer and contractor to trim the project again to make it more affordable. As a result, the contract amount recommended for approval is $549,193. In addition, staff strongly recommends approval of a 10% construction contingency to avoid the potential for project delays due to unanticipated project requirements or conditions, for a total appropriation request of$603,193. INTENT: Approve construction contract in the amount of$549,193 with Harmon Construction Inc. plus a contingency of$54,000. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (document source here): Page 23 Encourage the growth 1. and development of an efficient, functional small boat harbor that meets X Seward's commercial and recreational needs. 7. Strategic Plan(document source here): Page 15 Celebrate the Natural X Environment. 3. Other(list): FISCAL NOTE: Grants funds of $579,000 are available for the project. of which $78,813 was appropriated for engineering and construction administration. An additional appropriation is required in the amount of$103,006 recommended to come from the unrestricted reserves of the Harbor Major Repair & Replacement (MRRF) Fund. This would leave an approximate remaining balance in the MRRF of $1,273,518 at 12/31/15. These funds are intended primarily for se in constructing the future Harbor float replacement project. Approved by Finance Department: A b TORNE 'R E VIEW: Yes No X RECOMMENDATION:0.0 Approve Resolution 2015- to construct the NE Harbor Fish Cleaning Station Replacement Project. 52 CITY OF SEWARD HARBOR MRRF Funding Status MRRF FUND CASH INFLOWS: Authorization Date Pending estimated: 2015 Budgeted transfer from Harbor for MRRF $ 139,103 2015 Budget 2015 Estimated(lower than budget)CRR Fee revenue $ 70,000 2015 Budget Estimated Pending Inflows: $ 209,103 Actual: 2014 Harbor transfer to MRRF $ 117,469.00 2014 Capital Renewal&Replacement Fee revenue $ 69,820.00 Close Fl 1340(restrooms)back into MRRF $ 7,545.80 Actual Inflows: $ 194,835 Estimated Total Inflows. $ 403,937.80 MRRF FUND CASH OUTFLOWS: Pending estimated: Fish Cleaning Station $ 103,006.00 RES2015-XX 4/27/2015 Estimated Pending Outflows: $ 103,006.00 Actual: Engineering SBH floats replacement $ 151,102.00 RES2014-102 12/8/2014 Sewer Pump-Out project matching funds $ 9,894.00 RES2014-069 8/11/2014 Actual Outflows: $ 160,996.00 Estimated Total Outflows $ 264,002.00 Harbor MRRF Cash Balance at 12/31/14 $ 961,409.23 Estimated post 12/31/14 pending inflows $ 209,103.00 Estimated pending post 12/31/14 outflows $ (103,006.00) Projected 2015 Ending Cash Balance $ 1,273,518.23 Updated: 4/9/15 59) Sponsored by: Hunt CITY OF SEWARD,ALASKA RESOLUTION 2014-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A GRANT AGREEMENT WITH THE STATE OF ALASKA DEPARTMENT OF COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT FOR A COMMUNITY COASTAL IMPACT ASSISTANCE GRANT FOR STATE FY 2010 FOR THE PURPOSE OF DESIGNING AND CONSTRUCTING A NEW NORTH EAST HARBOR FISH CLEANING STATION IN THE AMOUNT OF $579,000 AND APPROPRIATING FUNDS WHEREAS, the City of Seward applied to the Community Coastal Impact Assistance Program(CIAP) for funds to replace the NE Harbor Fish Cleaning Station; and WHEREAS, the Alaska Department of Commerce, Community, and Economic Development (DCCED) that administers the CIAP grant program has offered grant funds in the amount of$579,000 to the City of Seward for this project; and WHEREAS, the purpose of the grant is to improve the harbor facilities that are used by fishermen and also to protect wildlife; and WHEREAS,the city intends to use these funds to first design and then build the new fish cleaning station. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The City Manager is hereby authorized to enter into a grant agreement with DCCED in the amount of$579,000. Section 2. Funding in the amount of$579,000 is hereby appropriated from State Grant account no. 277-2771-4680-0200 to the NE Harbor Fish Cleaning Station contracted services account no 277-2771-5390. Section 3. This resolution shall take effect immediately. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 28th day of April, 2014. 5 L CITY OF SEWARD, ALASKA RESOLUTION 2014-041 THE CITY OF SEWARD, ALASKA 320/YU letiadettUOYLI can Bardarson, Mayor AYES: Keil,Casagranda, Terry, Squires, Darling, Bardarson NOES: None ABSENT: Butts ABSTAIN: None ATTEST: / r oha , CMC ity C- (City Seal) X4.4 OF SFIq��'•. SEAS, I • • OF Ai •%* J 5� Agenda Statement of sett, Meeting Date: April 28, 2014 :y=►;''"`r.9� To: City Council s' 4tasKP Through: City Manager Jim Hunt From: Harbormaster Mack Funk Agenda Item: Authorizing the City Manager to enter into a grant agreement with the State of Alaska Department of Commerce, Community, and Economic Development for a Conununity Coastal Impact Assistance Grant for State FY 2010 for the purpose of designing and constructing a new NE Harbor Fish Cleaning Station in the amount of$579,000 and appropriating funds. BACKGROUND & JUSTIFICATION: In March 2010 the City applied for a grant to replace the NE Harbor Fish Cleaning Station. This facility needs to be replaced for three reasons. 1) The tide level must be 9.3 feet or higher for the "gut" barge to floated out to the dump area. 2) The current facility is wide open to birds and occasionally birds have gotten trapped and died in the barge. 3) And, the current facility is worn out. The grant funds for the Community Coastal Impact Assistance Program (CLAP) come to the State of Alaska from the US Fish & Wildlife Service through the Alaska Department of Natural Resources (DNR), but the grant funds are administered by the Alaska Department of Commerce, Community, and Economic Development (DCCED). On September 4, 2012 USFW wrote to the DNR a letter (attached) approving the grant. The City did not receive this letter until February 2013. Design of the facility had to be modified and the changes were eventually reviewed and approved by the USFW. The original concept for the new fish cleaning station was based on the B-dock and J-dock fish cleaning stations- a tall, fixed platform with a barge in a slot. However, during city staff review of the project in the spring of 2012, it was clear that the funds would be inadequate to complete the project as designed. During 2011 and 2012 the harbor staff made inexpensive improvements to the existing facility to minimize and hopefully eliminate bird casualties. During 2013 the harbor proposed to DCCED staff that a more cost effective fish cleaning station be designed and built at the bottom of the NE boat ramp. The now approved design (attached) is based on the Q-dock (South Harbor) fish cleaning station that is secured to the floating dock system so that it raises and drops according to the tide level. Since this design uses less space and fewer materials, the projected cost is correspondingly less. Approval of the revised design took several more months. The harbormaster explained to DCCED that the fish cleaning station, although important both to the fishing public and to wildlife, was not the harbor's top capital priority. DCCED was very receptive to the new design, but it also had to be reviewed and approved by USFW. A final approval letter was received by the city on March 19, 2014. Finally, one more critical step was necessary. That was to verify that the grant could be accepted without committing any harbor matching funds. DCCED instructed the harbor staff to make a pen and ink change to the grant offer on April 8, 2014. After the grant is accepted, the City will solicit proposals for design engineering and then advertise for construction bids. Although the grant documents indicate that the project is already behind schedule, staff is confident that the facility can be designed and built by the April 30, 2016 completion date. The grant offer document is 60 plus pages. The first 12 pages of that document are attached as back up. Anyone wishing to see the grant offer in its entirety should contact the City of Seward Clerk's Office or the Harbormaster. INTENT: Enter into a grant agreement in the amount of $579,000 with DCCED- CIAP and appropriate funds. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (document source here): Page 23 Encourage the 1. growth and development of an efficient,functional small boat harbor X that meets Seward's commercial and recreational needs. 2 Strategic Plan (document source here): Page 15 Celebrate the Natural X Environment. 3. Other(list): X FISCAL NOTE: This project will be designed and built entirely with non-City funds, with no local match required. Approved by Finance Department: jekeZZ, ATTORNEY REVIEW: Yes No X RECOMMENDATION: To approve Resolution 2014- 0 and, accept a grant and appropriate funds for the NE Harbor Fish Cleaning Station Replacement Project. 51 Sponsored by: Hunt CITY OF SEWARD, ALASKA RESOLUTION 2014-056 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING AN ENGINEERING CONTRACT WITH R & M CONSULTANTS IN AN AMOUNT NOT TO EXCEED $78,813 FOR THE DESIGN AND CONSTRUCTION ADMINISTRATION OF THE NE HARBOR FISH CLEANING STATION PROJECT AT THE SEWARD SMALL BOAT HARBOR WHEREAS, the Seward Harbor Department has received grant funding to design and build a new fish cleaning station located in the NE portion of the Seward Small Boat Harbor; and WHEREAS, on April 28, 2014 the Seward City Council approved the grant that requires a professional design engineer; and WHEREAS, the City issued a public notice soliciting proposals from qualified firms; and WHEREAS, R & M Consultants was chosen as the best qualified firm and they have executed a contract to provide engineering services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is hereby authorized to execute an engineering contract with R& M Consultants in the amount of$78,813. Section 2. Funding in the amount of$579,000 was appropriated in Resolution 2014-041 approved on April 28, 2014, for the full cost of the project. Section 3. This resolution shall take effect immediately. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 14`h day of July 2014. 5$ CITY OF SEWARD, ALASKA RESOLUTION 2014-056 to THE CITY OF SEWARD, ALASKA keAle04.601A- an Bardarson,Mayor AYES: Keil, Casagranda,Terry, Squires, Darling, Bardarson NOES: None ABSENT: Butts ABSTAIN: None ATTEST: i . / , �i/`►e.''. 'harm COPI C •ity Clerk (City Seal) soossos Ilk, • 6y FSE ;.•� io".!.. .$ G FO•= •• r , tli • I ° SEAL = .....4, %••••.....i. •tigrF OF Pk!'"'••••..J.,.•1 661 Council Agenda Statement Meeting Date: Jul 14, 2014 e 4 of sF� 9pc July Through: City Manager Jim Hunt 14ASKP From: Mack Funk, Harbormaster Agenda Item: Engineering Contract for NE Harbor Fish Cleaning Station BACKGROUND&JUSTIFICATION: In March 2010 the City applied for a grant to replace the NE Harbor Fish Cleaning Station. This facility needs to be replaced for three reasons. 1) The tide level must be 9.3 feet or higher for the"gut"barge to floated out to the dump area. 2) The current facility is wide open to birds and occasionally birds have gotten trapped and died in the barge. 3 And, the current facility is worn out. ) The grant funds for the Community Coastal Impact Assistance Program(CLAP)come to the State of Alaska from the US Fish&Wildlife Service through the Alaska Department of Natural Resources (DNR),but the grant funds are administered by the Alaska Department of Commerce,Community, and Economic Development(DCCED). The City Council accepted the grant offer of$579,000 on April 28, 2014. A public notice requesting proposals from qualified firms was issued on May 9,2014. Ten entities received the public notice. Three engineering firms submitted proposals on June 2,2014. A panel of three city employees reviewed the proposals and selected the best qualified firm- R & M Consultants,Inc. This firm has designed other projects for the City of Seward and there is no record of any litigation. References on other similar projects were checked and found satisfactory. A City Engineering Services Contract has been executed by the selected firm. The fee amount is$78,813 compared to a projected amount of$78,556. The city will set aside a 10%contingency amount of $7,856,from the grant funds,bringing the total authorized amount to$86,412.The grant agency has reviewed and approved the proposed engineering contract. INTENT: The Council Resolution will authorize the City Manager to execute the engineering contract. The Harbormaster will serve as project manager. It is anticipated that the design phase of work will be completed by October 22,2014 and then the project will be advertised for construction contractors. • CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan(document source here): Continue to support, 1. promote, enhance and develop harbor facilities to accommodate X Seward's growing demand for marine transport facilities. (page 35) 2 Strategic Plan (document source here): Complete the renovation of the Seward Small Boat Harbor. (page 7) X 3. Other(list): X (v 0 FISCAL NOTE: This project is funded entirely by grant funds(no matching funds required). The total amount of the authorized grant is$579,000. Approved by Finance Department: ATTORNEY REVIEW: Yes No X RECOMMENDATION:To authorize an engineering contract with R&M Consultants in an amount not to exceed$86,412,including the base amount of$78,556 plus a 10%contingency of$7,856 for the NE Harbor Fish Cleaning Station Project. (P1 SECTION 00500-CONTRACT CITY OF SEWARD, ALASKA NE Harbor Fish Cleaning Station 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 PO Box 1650 Seward, AK 99664 Company Address (Street or PO Box, City, State, Zip) a/an ❑ Individual ❑Partnership ❑Joint Venture El 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 Five hundred forty-nine thousand, one hundred ninety-three and 00/100 dollars ($549,193.00)for all work, and change orders. The Contractor further covenants and agrees that all materials shall be furnished and delivered and all work and labor shall be done and performed, in every respect, to the satisfaction of the City, on or before April 30, 2016. It is expressly understood and agreed that in case of the failure on the part of the Contractor, for any reason, except with the written consent of the City, to complete the furnishing and delivery of materials and the doing and performance of the work before the aforesaid date, the City shall have the right to deduct from any money due or which may become due the Contractor, or if no money shall be due, the City shall have the right to recover One thousand dollars ($1,000.00) per day for each calendar day elapsing between the time stipulated for the completion and the actual date of completion in accordance with the terms hereof; such deduction to be made, or sum to be recovered, not as a penalty but as liquidated damages. Provided, however, that upon receipt of written notice from the Contractor of the existence of causes over which the Contractor has no control and which must delay furnishing of materials or the completion of the work, the Contracting Officer may, at his or her discretion, extend the period specified for the furnishing of materials or the completion of the work, and in such case the Contractor shall become liable for liquidated damages for delays commencing from the date on which the extended period expires. The bonds given by the Contractor in the sum of $549,193 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 CONTRACT Page 00500-1 SECTION 00500 - CONTRACT The Contractor further covenants and agrees that the entire construction will be done under the administration of and to the complete satisfaction of the City subject to the inspection at all times and approval by any regulatory agency of the Local, State, or Federal Government of the United States of America, and in accordance with the laws of the State of Alaska and the City of Seward. For purposes of this Contract, Contracting Officer means Mack Funk or any other person designated by the City Manager. The Contractor is an independent contractor and not an employee or agent of the City. Contract Documents shall have the meaning ascribed by the General Conditions of the Construction Contract, and include but are not limited to this Contract, the General Conditions of the Construction Contract, the Supplementary Conditions, and the following listed documents: (1) NE Harbor Fish Cleaning Station Project Bid closed February 19, 2015 to include specifications and contract documents; and (2) Resolution 2015- IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and conditions. CONTRACTOR Harmon Construction, Inc. Compan ame i ignature of Authorized Co parry Representative Lawrence Harmon, President Typed Name and Title 3 -3/- l.5"" Date CITY OF SEWARD Signature of City Manager Jim Hunt Typed Name Date Johanna Kinney City Clerk (ATTEST) (,03 CONTtCT Page 005,130-2 SECTION 00620-PAYMENT BOND For: Bond No.023030450 Small Boat Harbor NE Harbor Fish Cleaning Station Project Project Name and Number KNOW ALL WHO SHALL SEE THESE PRESENTS:that Harmon Construction, Inc. of PO Box 1650,Seward,AK 99664 as Principal and The Ohio Casualty Insurance Company of 62 Maple Avenue,Keene,NH 03431 as Surety, are held and firmly bound unto the City of Seward, P.O. Box 167, Seward, Alaska 99664, as Owner, in the penal sum of $ 549,193.00 in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successor, and assigns, jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a written construction contract with the Owner, dated the day . 20_, for the construction of the above-referenced project,said work to be done according to the terms of the contract. NOW, THEREFORE, the conditions of the foregoing obligation are such that if the said Principal shall comply with all requirements of law and pay, as they become due, all just claims for the labor performed and the materials and supplies furnished upon for the work under said contract, whether said labor be performed and said materials and supplies be furnished under the original contract, any subcontract, or any and all duly authorized modifications thereto, then these presents shall become null and void; otherwise they shall remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder or the Specifications accompanying the same shall in any wise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications. PROVIDED, FURTHER,that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF,this instrument is executed in One(1) counterparts, each one of which shall be deemed an original,this 3 1 day of rinr&- 20_. PRINCIPAL: SURETY Harmon Construction Inc. The Ohio Casual Insurance Come:n B Kristy M.Kon ,Attomey-i = a Address: PO Box 1650 Address: 62 Maple Avenue Seward,AK 99664 Keene.NH 03431 Note: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners must execute Bond. NE Harbor Fish Cleaning Station (oaf PAYMENT BOND Page 00620-1 SECTION 00610-PERFORMANCE BOND Bond No. 023030450 For: Small Boat Harbor NE Harbor Fish Cleaning Station Project Project Name and Number KNOW ALL WHO SHALL SEE THESE PRESENTS: that Harmon Construction, Inc. of PO Box 1650,Seward,AK 99664 as Principal and The Ohio Casualty Insurance Company of 62 Maple Avenue,Keene,NH 03431 as Surety, are held and firmly bound unto the City of Seward, P.O. Box 167, Seward, Alaska 99664, as Owner, in the penal sum of $ 549,193.00 in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successor, and assigns, jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a written construction contract with the Owner, dated the day . 20_, for the construction of the above-named project, said work to be done according to the terms of said contract. NOW, THEREFORE, if the Principal shall well and truly perform and complete all obligations and Work provided for in such contract, and any authorized extension or modification thereof, and reimburse upon demand of the Owner any sums paid which exceed the final payment due upon completion, then this obligation shall be void: otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed thereunder or the Specifications accompanying the same shall in any wise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the Work or to the Specifications. IN WITNESS WHEREOF, this instrument is executed in One(1) counterparts, each one of which shall be deemed an original,this 31 day of Mar) 20 vs—. PRINCIPAL: SURETY Harmon Construction, Inc. The Ohio Casualty Insurance Comp. y B AP al_ . .• Kristy . o IOW tto 'ey-in- act Address: PO Box 1650 Address: 62 Maple Avenue Seward,AK 99664 Keene, NH 03431 Note: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners must execute Bond. NE Harbor Fish Cleaning Station PERFORMANCE BOND Page 00610-1 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No e80a862 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the'Companies'),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Glen 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 attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety 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 5th day of December , 2014 5 - American Fire and Casualty Company -a1 The Ohio Casualty Insurance Company ta Liberty Mutual Insurance Company = West merican Insurance Company in +r By: K/ >+ co STATE OF PENNSYLVANIA ss David M.Care ,Assistant Secretary A d s- COUNTY OF MONTGOMERY c en On this 5th day of December , 2014 , before me personally appeared David M. Carey,who acknowledged himself to be the Assistant Secretary of American Fire and I- Q m Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Insurance Company,and West American Insurance Company,and that he.as such,being authorized so to do. >,U) p(execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duty authorized officer. =W a`> > IN WITNESS WHEREOF,I have hereunto subscribed myname and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. O Q' ant' e6 By �s� O 0 Teresa Pastella,Notary Public a>b n - - Off' Ca? • o This Power of Attorney is made and executed-pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance cn p CI m H Company,Liberty Mutual Insurance Company,and WestAmetican Insurance Company which resolutions are now in full force and effect reading as follows: 0 of tti CI) ARTICLE IV-OFFICERS-Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President.and subject O G t w to such limitation as the Chairman or the President may prescribe.shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute.seal, Z1 0.E acknowledge and deliver as surety arty and all undertakings.bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective 5 E« 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 To w cu executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under >p a 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. t V to 2 ARTICLE XIII-Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president. E > ;.., and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fad,as may be necessary to act in behalf of the Company to make,execute. 9 Zseal,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 =op 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 g 0 executed such instruments shall be as binding as if signed by the president and attested by the secretary 0'- Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company.authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- I—`- fad 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 i 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,Gregory W.Davenport,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of ,20 By. c+` 'a". Gregory W.Davenport,Assistant Secretary LMS_12873_122013 41 of 200 A ® CERTIFICATE OF LIABILITY INSURANCE DATEIMWDDYYYY) 3/31/2015 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 pollcy(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 Faye Kelly Marsh i McLennan en LLC PHONE (907)276-5617 FAX (907)276-6292 r yuC No.Exti: INC.Nol: 1031 West 4th Ave. , Suite 400 rittA SS:Faye.M.Kelly@Marshmc.com , INSURER(S)AFFORDING COVERAGE - NAIC/ Anchorage AK 99501 INSURERAAlaska National Insurance Co.____ INSURED INSURER B American Zurich Insurance Co_. Harmon Construction Inc INSURER C;—_----,----- _---- -----._--- -- PO Box 1650 INSURERD: INSURER E: Seward AK 99664 INSURER F: COVERAGES CERTIFICATE NUMBER:14/15 Liab w/ BR 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. NS_R II —_�__ �k--- -- i POLN V EFF POLICY EXP LTR t TYPE OF INSURANCE INSD WVD POLICY NUMBER IM•ID(YYYYY) IMWDOIYYYYi LIMITS I X I COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 DAMAGE TO RENTED A I yl CLAIMS-MADE X OCCUR PREMISES Ee occurrence) S 100,000 I X 14LLS07459 12/31/2014 12/31/2015 MEDEXP(Anyoneperson) S 5,000 _ PERSONAL d ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 1 POLICY U JPEC i LOC PRODUCTS-COMP/OP AGG S 2,000,000 I OTHER: Limited Pollution Liability Ee. S 100,000 AUTOMOBILE LIABILITY 'COMBINED SINGLE LIMIT S 1,000,000 (E5=wentl .---.-_-.---_ A X ANY AUTO BODILY INJURY(Per person)y S —__. ALL OWNED --I SCHEDULED __ AUTOS ,AUTOS X 14LAS07459 12/31/2014 12/31/2015 BODILY INJURY(Per accident) S X HIRED AUTOS X I�.OWNED PROPERTY DAMAGE S _— AUTOS I •LPeraedde� ---___---- -- _ _ i Underinsured moto,Ist S Included UMBRELLA UAB ___i OCCUR EACH OCCURRENCE S_ EXCESS UAB I CLAIMS-MADE AGGREGATE S QED 1 RETENTIONS J - S — WORKERS COMPENSATION X PER I I OTH• AND EMPLOYERS'UABIUTY , STATUTE i I ER ANY PROPRIETOR/PARTNER/EXECUTIVE �Y/N f I E.L EACH ACCIDENT S 1,000,000 A OFFICER/MEMBER EXCWDED7 N J N I Ai (Mandatory In NH) `- - y 14L1007459 12/31/2014 12/31/2015 EL DISEASE-EA EMPLOYEE 5 1,000,000 tt yes,describe under —'- DESCRIPTION OF OPERATIONS below I E.L DISEASE-POLICY LIMIT S 1,000,000 B Builders Risk j + 46699519 3/1/2003 Continuous Building Limit $3,000,000 J 3 I Deductible 51,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached It more space is required) RE: NE Harbor Fish Cleaning Station Project; Where required by contract, Certificate Holder is an Additional Insured on the General Liability and Auto Liability policies, subject to the terms, conditions and limitations of said policies and the additional insured endorsement. Waiver of Subrogation applies to the Work Comp policy where required by contract, subject to the terms, conditions and limitations of said policies and the waiver of subrogation endorsement. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Seward THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 167 ACCORDANCE WITH THE POLICY PROVISIONS. Seward, AK 99664 AUTHORIZED REPRESENTATIVE Susan Spindler/FKELLY Ste- �� ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and o are registered marks of ACORD INS025 0014011 SUBCONTRACTOR LIST Project Name and Number The apparent low bidder shall complete this form and submit it so as to be received by the Contracting Officer prior to the close of business on the fifth working day after receipt of notice from the Owner. Failure to submit this form with all required information by the due date will result in the bidder being declared nonresponsive and may result in the forfeiture of the Bid Security. Scope of work must be clearly defined. If an item of work is to be performed by more than one firm, indicate the portion or percent of work to be done by each. Check as applicable: [ ] All Work on the above-referenced project will be accomplished without subcontracts greater than'/of 1%of the contract amount. OT 06 Subcontractor List is as follows: LIST FIRST TIER SUBCONTRACTORS ONLY FIRM NAME, AK BUSINESS LICENSE NO., SCOPE OF WORK TO ADDRESS, CONTRACTOR'S BE PERFORMED PHONE NO. REGISTRATION NO. orr∎A C.ha-SerS "Aar ;ne 3u5;vu.� 1--ict.vt� #. 4V1 l Ur : U i r. 1tock5 PO %c 75 , Sev rc1,Ak99(cby (99a7(0(o 907 - .24(4 - 65 36 it-4 thco T✓1G. `S'r\a"-c S 1-"k c4,v1 # E X G 0.V 0.-1-1 o Yl { DI'y- L 1.00r k- To I Sev..)arc.l Nic)kUXiii,Se rcI Co -L►'c a. 4, 901- aa4 - 3(5) 5'733 CONTINUE SUBCONTRACTOR INFORMATION ON REVERSE I hereby certify the listed Alaska Business licenses and Contractor's registrations were valid at the time bids wei this project. Pr e_6 i‘c.00/1-71- Signatur d Company Rep resentative Title Co ns+ r� h'ov , Pô '6oX I (o5-o 5�c� Company Name Company Address(Street or PO Box,City,State,Zip) q o 03 I so (/3-- (col adq — '-1 1 q Date Phone Number Wg Form 2504 (10109) Page 1 of 2 MAR-3U-2U15 HUN U8:51 AM KI-13 h inance Dept. I'RX NO. U0((142316 N. U1/U1 Mat 30 15 08:33a Harmon Construction 9072247144 p.1 Kenai' Pcni ula Borough. 144 N.Blot* Soldoina.Alaska 99668-7599 BUSINESS:(907)7142197 or(907)714-2178 FAX (907)714-2375 TAX COMPI4 NcE CERTIIFICATION. FILL IN INPORNATION REDUWED,61611 MID DATE. AND WOW WIN 111111 OR PROPOSAL Beeson for CertI9atR CO \r. t r;AL ! G+ For PEEL Date Racks by Stumm euebm NEM: i b.Y' IA• • r -e a Owner Nemets): L upv Q i ll CR -tart— •Y'L a. Inttivitkail eosin's Molina Afton; '• • _ • ~• V . t ,.y Corporation .S Telephone: qO7- ,y--114 Fan:a S •'7 I yy c. Partnership E-maII •r'A. , f. a r•,• - i l►t 0J• r d. Oster Asa burincss a ilWNidrnl,kayo you ever conducted buNnen or owned real or personal property"Alin the Kenai Peninatie Borough Yes No__ 111 yes,plane supply to following account numbers and*in baler. M no.Please eign below.) Kenai Pessimist Borough Code of ordinances. ampler 6.29.140,requha Out buslnecsesfi+diridums oontra0Lno to do business with the Komi Peninsula eamugh be M compliance with 0orcu9h lax provisions. No comma w6 be awarded N any Pidlttlduai or business who a found b be ki violation of Pia Borough Code of Ordinances In the several max of lagoon. . TAX AODOUNTEISTATIJS RUILUSSMAALlarairLffirEffilir (TO DE COMPLETED BY BOROUO4 PERSONNEL) Wm Name YEAR LAST ACI MAtANCE DUE • -.)1 C1 ormo r1 CMS-tuziioyi ,4i If oefiut • r. PLWVCE ViliZg_ YES VO. NO nal Peninsula Dorel•n Manse Dept plgnature red) TAXAC[QIINTSIRTAT i f� mug yucAccOUNTE (TO BE COMPLETED IN BOROUGN PERSONNEL) Number Atcouil sees BALANCE DUE 3asA14 ti¢rtnn v. t csva-vc1 li zols • � 7MPLIANCE AA " L YES NO Psalns % Solos Tae plgnmaure Rebuked) l t 54:©K the e e , • -Airy trot. - / •ail. mmvieoge.ne above /�1�-/� r - t 1 .J/►� tremmotion Is correct sae or 61�jlc� j//S L 4 !_�✓� '.4-Mrd��!•./'�, (Bed) - tee- of ""IF ANY BUSINESS is CONDUCTED OR IS AWARDED A BTD WITHIN THE KENAI PENINSULA •. Oil YOU MUST BE REGISTERED TO COLLECT SALES TAX. THE SALES TAX DEPARmWENT CAN SE REACHED AT(907)71441/5. Revised 1,4111 Sponsored by: Hunt CITY OF SEWARD,ALASKA RESOLUTION 2015-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO AMEND THE CONTRACT WITH CRW ENGINEERING GROUP, LLC., FOR THE NORTH SEWARD WATER STORAGE TANK & PUMPING FACILITY, PHASE II, TO ADD BUILDING MODIFICATIONS AND AN EXPLORATORY WELL, AND INCREASING THE CONTRACT BY AN AMOUNT NOT TO EXCEED $99,984,AND APPROPRIATING FUNDS WHEREAS,upon completion of the North Seward Storage Tank and Pumping Facility 85% design, City Staff found necessary additions to be included in the 100% design of the project; and WHEREAS,a larger building is needed and requires essentials such as restroom facilities, additional electrical panels and a generator with available fuel storage; and WHEREAS, additional exploratory work related to the new well will reduce the cost of bringing a new production well on line; and WHEREAS amending the contract with CRW Engineering Group, LLC. now, will reduce the likelihood of costly change orders in the future. 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 amend the contract with CRW Engineering Group,LLC,to include the additional services,not to exceed$99,984 for Amendment 1. Section 2. Funding for the additional modifications and exploratory well in the amount of $99,984 is hereby appropriated from Water Enterprise Fund Reserve account no. 17000-0000-3400 to the Water Storage Tank account no. 17310-0000-8101 City Infrastructure. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 27th day of April, 2015. ri o Agenda Statement e1oFSEtq Meeting Date: April 27, 2015 `( `�40 • To: City Council qB—� P ASK Through: Jim Hunt, City Manage /� From: W.C. Casey, Public Works Director Al. Agenda Item: Professional Services agreement with CRW Engineering Group, LLC, for design services for the North Seward Water Storage Tank & Pumping Facility, in the amount $99,984. BACKGROUND & JUSTIFICATION: On December 8, 2014, Seward City Council passed Resolution 2014-104 authorizing the City Manager to enter into an agreement with CRW Engineering Group,LLC for professional services to complete the North Seward Water Storage Tank & Pumping Facility, Phase II, and provide bid support services for the project. As the North Seward Water Storage Tank&Pumping Facility reached 85%design,it was apparent to City staff that alterations needed to be made. Staff requested building modifications to include: Design, specifications, and cost estimate for increasing the building size and adding restroom facilities;adding an onsite,class A Water Well;adding a backup generator,including intake louvers, exhaust system,controls and a fuel storage tank. By drilling the exploratory well,it will enable us to have correct information for the production well,thus reducing the risk of change orders during that phase of the production. INTENT: To increase and amend the professional services agreement with CRW Engineering Group,LLC,for design services and an exploratory well, in an amount not to exceed $99,984. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (document source here): Page 27: Continue to 1. upgrade and expand utilities to meet existing needs and encourage X future development 2 Strategic Plan (document source here): Page 18: Promote a Safe X Community • 3. Other (list):Design Study Report completed by CRW in 2000 X FISCAL NOTE: Funding for the increase of the Professional Services agreement with CRW Engineering will come from the Water Enterprise Fund Reserves. This will reduce the balance in the Water Enterprise Fund n Reserves to approximately$665,000 and the balance in the Water MRRF is approximately$905,000 after appropriation for the Water Tank Construction Approved by Finance Department: � d ATTORNEY REVIEW: Yes No X RECOMMENDATION: Council approve Resolution 2015- 0 approving Amendment 1 to the Professional Services Agreement with CRW Engineering Group, LLC. I2. AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH CRW ENGINEERING GROUP,LLC FOR NORTH SEWARD WATER STORAGE TANK AND PUMPING FACILITY PHASE II This AMENDMENT is made and entered into by and between the CITY OF SEWARD (hereinafter referred to as "City") and CRW Engineering Group, LLC (hereinafter referred to as "Contractor"). WITNESSETH WHEREAS, the City and the Contractor entered into a contract for professional services for the North Seward Water Storage Tank & Pumping Facility Phase II Project dated December 22, 2014 (hereinafter referred to as the "Contract"); and, WHEREAS, the parties have the authority to amend the Contract pursuant to SECTION 26.0 CHANGES IN SCOPE OF WORK and desire to do so; NOW, THEREFORE, in consideration of the mutual promises and covenants contained in the contract, the parties do hereby agree that the Contract shall be amended as follows: 1. ORIGINAL CONTRACT, SECTION 3.0 FEES, shall be replaced with the following: 3.0 FEES. The total fees shall not exceed $419,414. This represents an increase per Amendment No. 1 in the amount of $99,984 for Building Modifications and Exploratory Well Drilling as described in the Amendment No. I Scope of Services. 2. ORIGINAL CONTRACT, SECTION 4.0 SCOPE OF SERVICES, add the following to Section 4.0: "The Contractor shall add to the scope of work the services described in the attached Contractor's proposal dated April 14, 2015 for additional design services to include Building Modifications and Exploratory Well Drilling." 3. ORIGINAL CONTRACT, SECTION 5.0 SCHEDULE FOR COMPLETION, shall be replaced with the following: 5.0 SCHEDULE FOR COMPLETION. Final completion of the work shall be June 30, 2015. It is expressly agreed by both parties to this contract that all other portions of the Contract shall remain in full force and effect in accordance with its terms. IN WITNESS WHEREOF, the parties have executed this Amendment on the date and at the place shown below. Page 1 of 2 City of Seward CRW Engineering Group, LLC By: Jim Hunt By: Title: City Manager Title: Date: Date: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) n L4 Page 2 of 2 Sponsored by: Hunt CITY OF SEWARD,ALASKA RESOLUTION 2015-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH SOUTHCENTRAL CONSTRUCTION INC. FOR AN AMOUNT NOT TO EXCEED $4,658,210 FOR CONSTRUCTION OF THE NORTH SEWARD WATER STORAGE TANK&PUMPING FACILITY AND APPROPRIATING FUNDS WHEREAS,funding in the amount of$4,499,999.99 has been secured for construction of the North Seward Water Storage Tank&Pumping Facility; and WHEREAS,the combined reserves of the Water Enterprise Fund and the Major Repair and Replacement funds total approximately$2,375,000 and can be utilized to cover project shortfalls or additional costs incurred by the public works department for project design and engineering, bid support, grant administration fees and up to a 5% contingency that may be needed for the North Seward Water Storage Tank and Pumping Facility project; and WHEREAS, the City and its engineer, CRW Engineering, developed a competitive bid package for the construction of the water tank project and advertised according to SSC6.10.210 and SCC6.10.215; and WHEREAS,three contractors submitted bids to the City Clerk's office by 1:30 p.m.on April 14, 2015, and City Staff and its engineer CRW Engineering, determined that Southcentral Construction Inc. was the lowest,qualified and responsive bidder; and WHEREAS,the construction of the North Seward Water Storage Tank&Pumping Facility cannot proceed until the contract is awarded. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The City Manager is hereby authorized to enter into an agreement,in substantial - form as attached hereto,with Southcentral Construction INC for an amount not to $4,658,210. Section 2. Funding in the amount not-to-exceed $805,407.15 is hereby appropriated from Water MRRF funds account no. 17001-0000-3400 to Water Storage Tank infrastructure account no 17310-0000-8101. Section 3.A contingency in the amount not to exceed $50,000 can be approved by the City Manager,upon advance written authorization. Is CITY OF SEWARD,ALASKA RESOLUTION 2015-039 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 27th day of April, 2015. THE CITY OF SEWARD, ALASKA Jean Bardarson, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) (/' Agenda Statement e yof sett, Meeting Date: April 27, 2015 ' �:;; 'Aa To: City Council q�- Through: Jim Hunt, City Manag- 4 From: W.C. Casey, Public Works Director It. Agenda Item: Construction contract approval for the North Seward Water Storage Tank& Pumping Facility. BACKGROUND & JUSTIFICATION: The City of Seward has secured funding in the amount of$4,499,999.99 for the North Seward Water Storage Tank& Pumping Facility(NSWST). The City hired CRW Engineering to develop a competitive bid package for the project and advertised according to SSC6.10.210 and SCC6.10.215. Three (3) contractors submitted bids that were opened at 1:30 p.m. on April 14th, 2014. The following are the bids that were submitted: Compilation of Bids Project: North Seward Water Storage Tank& Pumping Facility Contractor Final Bid Southcentral Construction $4,658,210 AHTNA Construction $4,994,457 Blazy Construction $4,810,763 City Staff and CRW Engineering determined that Southcentral Construction Inc. was the lowest, qualified, responsive bidder with a total bid price of$4,658,210. The construction of the North Seward Water Storage Tank&Pumping Facility cannot proceed until the contract is awarded. Once the contract has been authorized by Seward City Council, a Notice to proceed will be issued. INTENT: To authorize the City Manager to enter into a contract with Southcentral Construction Inc. to complete the North Seward Water Storage Tank & Pumping Facility project. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (document source here):Page 27: Continue to 1. upgrade and expand utilities to meet existing needs and encourage X future development 2 Strategic Plan (document source here): Page 18: Promote a safe X community. 3. Other (list): Design Study Report completed by CRW in 2000 X rig FISCAL NOTE: Funding for this project in the amount of$2,508,000 is available from a Municipal Matching Grant through ADEC(authorized and appropriated in Resolution 2012-087on 11/26/12)and$1,991,999.99 is available from a State of Alaska Designated Legislative Grant (authorized and appropriated by Resolution 2015-033 on 4/13/15). Additional funding in the amount of$805,407.15 to cover project engineering,design,bid support,grant administration fees and up to a 5%contingency is available in the Water Major Repair and Replacement Fund. Use of this funding source will reduce the balance in the Water Major Repair and Replacement Fund to approximately$905,000. The balance in the Water Enterprise Fund is approximately $665,000 after appropriation to CRW for additional engineering and design. Approved by Finance Department: apfk- ATTORNEY REVIEW: Yes No X RECOMMENDATION: 05° Staff recommends that the Seward City Council approve Resolution 2015-0 authorizing the City Manager to enter into a contract with Southcentral Construction Inc. for an amount no to exceed $4,658,210 for the construction of the North Seward Water Storage Tank &Pumping Facility. rl o CITY OF SEWARD 1.j°+�0 ' Main Office (907) 224-4050 PO. BOX 167 • Public Works (907) 224-4058 SEWARD. ALASKA 99664-0167 4 o ® Water& Sewer(907)224-4094 • Fax (907) 224-5051 April 15, 2015 RE: North Seward Water Storage Tank& Pumping Facility Southcentral Construction Inc. 205 E. Dimond Blvd., PMB 555 Anchorage, AK 99515 NOTICE OF INTENT TO AWARD Dear Mr. Griner, The City of Seward intends to award the North Seward Water Storage Tank & Pumping Facility contract to your firm, Southcentral Construction Inc. Your bid of $4,658,210 was the lowest, responsive bid and your company met our qualifications. The "Intent to Award" is a notice of the City's intent, not a guarantee of award. The award of this contract is contingent upon receipt of the final documents required for award and the Seward City Council's approval of the Resolution authorizing the City Manager to enter into an agreement with your company. This meeting is scheduled for April 27th, 2015 in the Seward City Hall Council Chambers at 7:00pm. Please submit the following documents to our office by 12:00pm on Wednesday, April 22nd 2015: • Signed Contract o Payment Bond o Performance Bond ® Certificate of Insurance o Kenai Peninsula Borough Tax Compliance Certification © City of Seward Business License Forms may be submitted via fax: (907)224-5051, email: naperea @cityofseward.net or mail: PO Box 167 Seward, AK 99664. If you have any questions, please feel free to contact me at 907-224-4093. Sincerely, W.C. Casey Public Works Director City of Seward CITY OF SEWARD, ALASKA NORTH SEWARD WATER STORAGE TANK & PUMPING FACILITY— PHASE II CONTRACT THIS CONTRACT is between City of Seward, Alaska (hereinafter called OWNER), and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. WORK CONTRACTOR shall complete Work as specified or indicated in the Bid and Contract Documents. The Work is generally described as follows: Furnish and install 1,614 feet of 8-inch ductile iron pipe sewer main; 8 sanitary sewer manholes; 4,641 feet of 16-inch ductile iron pipe water main; 622 feet of 12-inch ductile iron pipe water main; 215 feet of 8-inch ductile iron pipe water main; 3 butterfly valves; 4 gate valves; 1 fire hydrant; a water pumping facility consisting of masonry block building with lighting, electrical, mechanical, piping, valves, controls, packaged pumping system, high demand pump, backup generator, fuel storage tank, chlorination system, site work, and access road; insulated 500,000 gallon steel water storage tank; control valve vault; Class A water well (14-inch well casing) with well pump and discharge piping; 3,180 tons of bedding material; 1,790 tons of Type IIA backfill; 300 tons of leveling course; disposal of 4,220 cubic yards of surplus material; and other miscellaneous items of work. 2. CONTRACTING OFFICER & ENGINEER 2.1. is hereinafter called CONTRACTING OFFICER and is authorized to enter into and administer the Contract on behalf of the OWNER. CONTRACTING OFFICER has authority to make findings, determinations and decisions with respect to the Contract and, when necessary, to modify or terminate the Contract. 2.2. is hereinafter called ENGINEER and is to act as OWNER's representative, assume duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 3. CONTRACT TIMES AND LIQUIDATED DAMAGES 3.1. Contract Times: 3.1.1. Work shall be completed and ready for final payment and acceptance in accordance with Article 11 of the City of Seward General Conditions no later than December 30, 2015. North Seward Water Storage Tank& Page 1 of 6 Contract Pumping Facility-Phase II Qp 3.1.2. CONTRACTOR shall achieve Substantial Completion no later than November 30, 2015. 3.2. Liquidated Damages: OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. Contract Times above, plus any extensions thereof allowed in accordance with Article 11 of the City of Seward General Conditions. OWNER and CONTRACTOR also recognize the delays, expense, and difficulties involved in proving in a legal or other dispute resolution proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER $500.00 per day for each calendar day elapsing between the time stipulated for the Substantial Completion Date and/or $250 per day for each calendar day elapsing between the time stipulated for Final Completion Date and the actual date completed in accordance with the terms hereof. 4. CONTRACT AMOUNT OWNER shall pay CONTRACTOR the following Not-To-Exceed amount based on the conformed Bid, included as an Exhibit to this Agreement, subject to additions and deletions as provided in the Contract Documents: Dollars (Words) and Cents $ (Words) (Numbers) At no time will any provisions of this Agreement make the OWNER or its representatives liable for payment for performance of work under this Agreement in excess of the amount that has been appropriated by the Seward City Council and obligated for expenditure for purposes of this Agreement. 5. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR'S representations are as set forth as follows: 5.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, work, site, locality, general nature of work to be performed by OWNER or others at the site that relates to Work required by the Contract Documents and local conditions and Federal, State, and Local Laws and Regulations that in any manner may affect cost, progress, performance, or completion of Work. North Seward Water Storage Tank& Page 2 of 6 Contract Pumping Facility-Phase II c ' 5.2. CONTRACTOR has correlated information known to CONTRACTOR and results of such observations, familiarizations, examinations, investigations, explorations, tests, studies, and reports with Contract Documents. 5.3. CONTRACTOR has given CONTRACTING OFFICER written notice of conflicts, errors, ambiguities, or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by CONTRACTING OFFICER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of terms and conditions for performing and furnishing Work. 6. INSURANCE The CONTRACTOR shall maintain insurance to these minimum levels: 6.1. Commercial General Liability: The coverage of $2,000,000 combined single limit per occurrence, and $2,000,000 General aggregate and Products- Complete Operations aggregate. The Contractor must assume all insurable risks and bear any loss or injury to property or persons because of neglect or accident during the term of the contract, except for the negligence entirely attributable to the City or its agents. 6.2. Workers' Compensation: Coverage required by State law for the Contractor and all of its subcontractors. The policy must include employer's liability coverage of $100,000 per person, and $1,000,000 per occurrence. The Contractor must notify the City and the Alaska Division of Workers' Compensation promptly when changes in its business operation affect its insurance status. 6.3. Automobile Liability: Coverage for all owned, hired, and non-owned vehicles for $1,000,000 combined single limit for each occurrence for bodily injury and property damage. To the extent allowed by law, the CONTRACTOR shall be required to defend, indemnify, and hold harmless the OWNER and its officers, employees and engineers from all damage, loss, injury, or proceedings of any kind in connection with the performance or activities of the CONTRACTOR, except for damage, loss, or injury resulting from the OWNER's sole gross negligence or willful misconduct. 7. MINIMUM WAGE RATES CONTRACTOR shall ensure that wages paid are the higher of the State or Federal wage rate on a classification by classification basis for the North Seward Water Storage Tank & Pumping Facility — Phase II project. Both prevailing wages rates established for the locality by the Alaska Department of Labor under AS 36.05.010, and Federal standards in accordance with Subchapter IV of Chapter 31 of Part A of Subtitle II of Title 40, U.S.C. (commonly referred to as the "Davis Bacon Act") apply. North Seward Water Storage Tank& Page 3 of 6 Contract Pumping Facility-Phase II V " 8. EQUAL EMPLOYMENT OPPORTUNITY CONTRACTOR shall remain in compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity" as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR 60). 9. INDEMNIFICATION CONTRACTOR agrees to indemnify, defend and hold harmless OWNER (including its employees, officers, and agents) from any and all claims, arising in favor of third parties and arising out of or relating to this Agreement of the performance of any Work or obligations hereunder. 10. AMENDMENTS This Agreement may be amended, modified, or extended at any time by mutual agreement of the Parties, but any such amendment must be in writing, dated, signed by the Parties, and attached hereto. 11. CHOICE OF LAW VENUE The Parties agree that this Agreement shall be governed by the laws of the State of Alaska, and venue for any dispute shall be in Anchorage, Alaska. 12. REMEDIES OF DEFAULT The OWNER shall have the right, but not the obligation, to terminate this Agreement following ten days written notice of default to CONTRACTOR. CONTRACTOR shall have the right to cure such default within the notice period and thereby avoid termination, provided that no other default and cure have occurred in the prior six months. Notwithstanding termination, the OWNER retains its rights to be reimbursed for all Material removed up to and including the date of termination, and all other remedies available at law or equity. 13. ENTIRE AGREEMENT This Agreement contains the entire understanding and agreement between the Parties with respect to this subject. There are no other written or oral understandings or promises between the Parties with respect to the subject matter of this Agreement other than those contained herein, and any prior oral or written understandings are hereby extinguished. 14. CONTRACT DOCUMENTS 14.1. The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning Work are defined in Article 1 of the City of Seward General Conditions. 14.2. Except for the Notice to Proceed, and Addenda, these Contract Documents are also listed in the Table of Contents and are bound in one volume, identified as Specifications and Contract Documents. North Seward Water Storage Tank & Page 4 of 6 Contract Pumping Facility-Phase II 14.3. Drawings are under separate cover. 14.4. Addenda numbers to , inclusive. 14.5. Exhibits to this Agreement include: 14.5.1. Conformed Bid Form signed by CONTRACTOR. 14.5.2. Executed Payment Bond in the amount of 100% of the Contract Amount 14.5.3. Executed Performance Bond in the amount of 100% of the Contract Amount 14.5.4. Alaska Contractor Certificate of Registration 14.5.5. Alaska Business License 14.5.6. City of Seward Business License 14.5.7. Certificates of Insurance with Endorsements 14.5.8. Kenai Peninsula Borough Tax Compliance Certificate 14.5.9. ADEC EEO Statement of Acknowledgement 14.5.10. Documents submitted by CONTRACTOR prior to execution of Agreement 15. MISCELLANEOUS 15.1. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 15.2. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect of all covenants, agreements, and obligations contained in the Contract Documents. North Seward Water Storage Tank& Page 5 of 6 Contract Pumping Facility—Phase II IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed copie(s) of this Agreement. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR. OWNER City of Seward, Alaska CONTRACTOR d. ,i. 1/ L c ;e,7 , AA _Af& By: By: IS Title: Title: P{e<SIdLe Date: Date: ATTEST: [City Seal] [Corporate seal] Address for giving notices Address for giving notices 2& E 4);(1-kind Bf►p- P/175 556 License No. (Attach evidence of authority to sign and Agent for service of process: resolution of other documents authorizing execution of Agreement.) AK .(3as. mss✓ cI12.R9 (�r4 . 337co0 (If CONTRACTOR is a corporation, attach evidence of authority to sign.) END OF SECTION North Seward Water Storage Tank& Page 6 of 6 Contract Pumping Facility— Phase II �� Sponsored by: Attorney CITY OF SEWARD,ALASKA RESOLUTION 2015-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE LEGAL SERVICES AGREEMENT BETWEEN THE CITY OF SEWARD AND THE LAW FIRM WOHLFORTH, BRECHT & CARTLEDGE WHEREAS, the City's law firm has been providing legal services to the City of Seward since February 23, 1993; and WHEREAS, primary responsibility for legal services has transitioned to different attorneys from time to time; and WHEREAS, the hourly legal fees have increased only twice since the original attorney contract was negotiated in 1993 and most recently in 2009; and WHEREAS, the amendment before Council for approval represents a change in hourly fee for shareholders and senior associates to $200 per hour; and WHEREAS, the change on hourly rates represents an increase of approximately 2.5%, 0.5%annualized. WHEREAS, the contract contemplates a year to year renewal of the contract until such time as the City terminates the contract for any reason or the law firm terminates the contract with ninety days'written notice. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEWARD,ALASKA,that: Section 1. The City Council of the City of Seward hereby authorizes the City Manager to enter into Amendment No. 3 to the Amended and Restated Legal Services Agreement attached hereto. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 27th day of April, 2015. �Sb AMENDMENT NO.3 TO AMENDED AND RESTATED LEGAL SERVICES AGREEMENT THIS AMENDMENT dated April 27, 2015 and effective April 27, 2015, is made between the CITY OF SEWARD (the "City") and the law firm of WOHLFORTH, BRECHT & CARTLEDGE (the "Law Firm"). 1. Paragraph 4 of the Agreement describing "Responsible or Lead Attorney" shall be amended by substituting William A. Earnhart for Eric E. Wohlforth as City attorney or lead attorney in the initial sentence. 2. Paragraph 3 of the Agreement describing "Fees for Services" shall be amended by substituting Exhibit A, attached hereto, in place of the original Exhibit A to the Agreement replacing all prior exhibits. 3. Except as amended hereby,the Agreement shall continue in full force and effect in accordance with the terms as originally executed. CITY LAW FIRM CITY OF SEWARD WOHLFORTH, BRECHT& CARTLEDGE By By Jim Hunt, City Manager Eric Wohlforth, Officer ATTEST: Johanna Kinney, CMC City Clerk (City Seal) 0� EXHIBIT A WOHLFORTH, BRECHT & CARTLEDGE BILLING RATES Attorneys (7 or more years' experience) $200 Attorneys (less than 7 years' experience) $185 Paralegals $100 01' • Main Office(907)224-4050 CITY OF SEWARD • Police(907)224-3338 • Harbor(907)224-3138 P.O.Box 167 `'•°'` • Fire(907)224-3445 410 Adams Street • City Clerk(907)224-4046 Seward,Alaska 99664-0167 • Community Development(907)224-4049 • Utilities(907)224-4050 • Fax(907)224-4038 MEMORANDUM TO: Johanna Kinney, City Clerk FROM: Brenda Ballou, Deputy City Clerk I DATE: April 15, 2015 V RE: 2015 City of Seward Financial Disclosure Forms This memo is to inform you that all 2015 Financial Disclosure forms for City Council, the Planning and Zoning Commission, and the City Manager have been received in a timely manner. The City Clerk's office will maintain the original forms on file for six (6) years, per the city's records retention schedule. The 2015 Financial Disclosure forms cover the calendar year from January 1 through December 31, 2014. The forms received included: City Manager Seward City Council Seward Planning and Zoning Commission James Hunt Jean Bardarson, Mayor Cindy Ecklund, Chair Marianna Keil, V. Mayor Martha Fleming, Vice Chair Ristine Casagranda Janet Coulter Christy Terry Gary Seese Dale Butts Tom Swann David Squires Margaret Anderson Iris Darling D 1 April 2015 AWe Th May 2015 SuMo TuWe Th Fr Sa SuMo TuWe Th Fr Sa 1 2 3 4 1 2 5 6 7 8 9 10 11 3 4 5 6 7 8 9 12 13 14 15 16 17 18 10 11 12 13 14 15 16 19 20 21 22 23 24 25 17 18 19 20 21 22 23 26 27 28 29 30 24 25 26 27 28 29 30 31 Monday Tuesday Wednesday Thursday Friday Mar 30 31 Apr 1 2 3 12:00pm PACAB&CC V 5:30pm CC WS;Sludge 12:00pm Seward Recrea 6:30pm CC WS for Pro. a 0 m 2 6 7 8 9 10 7:00pm P&Z Mtg 6:30pm HP Spc Mtg 0 a 13 14 15 116 17 7:00pm CC Mtg 12:00pm PACAB Meetin 6:30pm HP Mtg;HP W m a 20 21 22 23 24 6:00pm P&Z WS;upst v 0 a 27 129 30 I May 1 7:00pm CC Mtg Nanci Richey 1 4/22/2015 11:04 AM May 2 015 May 2015 June 2015 SuMo SuMo TuWe Th Fr Sa TuWe Th Fr Sa 1 2 1 2 3 4 5 6 3 4 5 6 7 8 9 7 8 9 10 11 12 13 10 11 12 13 14 15 16 14 15 16 17 18 19 20 17 18 19 20 21 22 23 21 22 23 24 25 26 27 24 25 26 27 28 29 30 28 29 30 31 Monday Tuesday Wednesday Thursday Friday Apr 27 28 29 30 May 1 n N 4 5 6 7 8 7:00pm P&Z Mtg 12:00pm PACAB Mtg 12:00pm Seward Recrea T 12 13 14 15 7:OOpm CC Mtg CO' 2 18 19 20 21 22 6:00pm P&Z WS 12:00pm PACAB Work S • 6:30pm HP Mtg N N CO r-I CO's 2 25� 6 127 28 29 1!Memorial Day Observe i .00pm CC Mtg rn N IN N T A 2 Nanci Richey 1 4/22/2015 11:57 AM June 2 015 June July 2015 SuMo TuWe Th Th Fr Sa SuMo TuWe Th Fr Sa 1 2 3 4 5 6 1 2 3 4 7 8 9 10 11 12 13 5 6 7 8 9 10 11 14 15 16 17 18 19 20 12 13 14 15 16 17 18 21 22 23 24 25 26 27 19 20 21 22 23 24 25 28 29 30 26 27 28 29 30 31 Monday Tuesday Wednesday Thursday Friday Jun 1 2 13 4 15 6:00pm P&Z WS;Flooc 12:00pm PACAB Mtg 7:00pm P&Z Mtg C 8 9 10 11 12 700pm CC Mt) N .--1 00 C 15 16 17 18 19 6:00pm P&Z WS 12:00pm PACAB Work S 6:30pm HP Mtg rn L, • C 2 23 24 25 26 (7:00pm CC Mtg N N N C 29 30 Jul 1 2 3 m N C 7 Nanci Richey 1 4/22/2015 11:04 AM