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HomeMy WebLinkAbout08102015 City Council Packet 1963 1965 2005 The City of Seward,Alaska CITY COUNCIL MEETING AGENDA 6 AN-America City 1111 1 {Please silence all cellular phones during the meeting} . , August 10, 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[Approval Council Member of Consent Agenda passes all routine items indicated by asterisk (*). Term Expires 2016 Consent Agenda items are not considered separately unless a council member so requests. In the event of such a request, the item is returned to Christy Terry the Regular Agenda] Council Member Term Expires 2015 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS David Squires A. Proclamations and Awards—None Council Member B. Borough Assembly Report Term Expires 2015 C. City Manager's Report Pg. 4 D. City Attorney's Report Dale Butts E. Other Reports and Presentations Council Member • Term Expires 2016 7. PUBLIC HEARINGS Iris Darling A. Resolutions Requiring A Public Hearing Council Member Term Expires 2015 1. Resolution 2015-065, Recommending Kenai Peninsula Borough Approval Of The City Owned Seward Tidelands James Hunt Survey ATS 1574, Tract A, Replat No. 2; Located On The City Manager East Side Of Resurrection Bay Within The Resource Management Zoning District. Pg. 8 Johanna Kinney • City Clerk 2. Resolution 2015-066, Recommending Kenai Peninsula Borough Approval Of The Forest Acres Levee Replat No. 2; Will Earnhart Creating Seven (7) Parcels; Vacating Undeveloped Rights- City Attorney Of—Way And Utility Easements While Dedicating New Rights-Of-Way And Utility Easements; Located North And South Of The North Forest Acres Levee (Dieckgraeff Road) Located Within The Resource Management Zoning District. Pg. 18 City of Seward, Alaska Council Agenda August 10, 2015 Page 1 8. UNFINISHED BUSINESS-None 9. NEW BUSINESS A. Ordinances for Introduction *1. Ordinance 2015-003, Amending Chapters 11.01 And 11.05 Of The City's Vehicle And Traffic Code, Adopting State Of Alaska Traffic Laws, Adopting The Surcharge Required By AS 29.25.074, And Updating Enforcement Provisions Related To Traffic Violations. Pg. 30 B. Resolutions *1. Resolution 2015-067, Authorizing The Fire Department To Conduct Live Fire Evolutions During The 2015 Alaska Fire Conference On A Structure Located At 2109 Dimond Boulevard. pg. 92 2. Resolution 2015-068, Authorizing The Purchase Of A Lift Bed With Hoist From Quality Equipment Sales & Service For$9,135,And Appropriating Funds. Pg. 97 3. Resolution 2015-069, Authorizing The Purchase Of A Utility Box With Crane From Quality Equipment Sales & Service For$25,151 And Appropriating Funds. Pg. 106 4. Resolution 2015-070, For Port Avenue Safety Improvements, Painting, Signage And Decking Replacement In An Amount Not To Exceed $125,000, And Appropriating Funds. Pg. 115 5. Resolution 2015-071, Authorizing The City Manager To Enter Into A Construction Contract With Hamilton Construction, LLC In An Amount Not To Exceed $15,032,101.80 For The Phase 1 Harbor Improvements At The Seward Marine Industrial Center And An Additional $1,503,210 As A Project Contingency And Appropriating Funds. Pg. 118 6. Resolution 2015-072, Authorizing The City Manager To Execute A Grant Agreement With The Alaska Department Of Transportation Harbor Facility Grant Program For $2,680,000 For The B, C, S, And A-Float Replacement Project At The Seward Small Boat Harbor. Pg. 211 C. Other New Business Items 1. Schedule a work session on the Maple Street sewer and water project. 2. Set the 2016-2017 Biennial Budget Calendar. Pg. 244 . 3. Schedule a Work Session to discuss City Garbage Collection. (Squires) 4. Schedule a Special Meeting at 5:30 p.m. on August 31, 2015 to approve the Seward Community Health Center's Annual Budget. Pg. 245 City of Seward, Alaska Council Agenda August 10, 2015 Page 2 1 10. INFORMATIONAL ITEMS AND REPORTS (No Action Required)—None 11. COUNCIL COMMENTS 12. CITIZEN COMMENTS 13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS 14. ADJOURNMENT City of Seward, Alaska Council Agenda August 10, 2015 Page 3 sir 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 August 10, 2015 The following purchase orders for between $10,000 and $50,000 have been approved by the City Manager since the last council meeting: Alaska Railbelt Cooperative Transmission & Electric Company) ARCTEC - $49,000.00—Capital Contribution G&W Electric - $15,076.00—Recloser for Sprint Creek Transformer A. Administration: • Meeting with Mark Myers, David Schade, Charles Cobb with ADNR to discuss Lowell Canyon • Meeting with David Grabitske during site visit to Library/Museum • Meeting with Carey Marten to discuss R.O.W concerns • Meeting with Mr. Schaecher regarding doing business in Seward • Meeting with multiple department heads B. Finance • Staff has submitted all requested information to the auditors and look forward to wrapping up the annual audit by the end of August. • The department is in the process of filling two vacancies; the Cashier and the Payroll Clerk positions, and hopes to have those positions filled in the next 2 weeks. C. Harbor: • We are happy to say Luke Moore has accepted the Harbor III position. Mike Kinney who transferred from Parks and Rec in on board making the Harbor fully staffed. We are ready for Derby!! • The Harbor had an unannounced visit from the Department of Human Services Food & Drug Administration; the last inspection was in 1987. The inspection detailed 5 minor discrepancies which have since been corrected. • A new record for parking/boat was made August 1st, the last time we saw numbers like this was in 2011. • We are waiting on final documents from Michael Lukshin with State Ports and Harbor, in order for us to move forward on the B, C & S project. • On 08/03/2015 at 9 p.m. an emergency lift was required for Major Marine. Harbor staff worked until 2 a.m. giving them the ability keep all tours booked for the 08/04/2015. D. Public Works Streets: • Finishing painting the handicap spots/curbs etc., (weather dependent) • Working to keep up with the maintenance of the dirt roads (weather dependent) • Preparing winter equipment Water: • North Seward Water Storage Tank is on schedule • Working to catch up with hydrant maintenance ie. weeds and paint Wastewater: • The blower room addition at Lowell Point (Bio-dome air supply) is framed, sheeted and roofed, expecting completion in approximately 3 weeks (Bio-domes operational) Administration: Li • Preparing for the budget (updating capital improvement plan and motor pool usage....new grader) • Reviewing North Seward Water Storage Tank & PF submittals • Closing out the sludge removal project (building addition at LP) • Updating the Quality Assurance plan for SMIC and LP • Working on re-permitting for LP and SMIC • RFP for the Certification of Public Rights of Way is almost complete ELECTRIC • The fluctuations over the last week in City's Electric System are still being investigated, but we suspect are caused by trees in the lines. We are continuing to patrol the system to mitigate the problems. Until we define the problem we suggest that customer turn off any unnecessary electronics and always use surge protectors and battery backups. • EPC requested a generation event for work on Lawing Substation Transformer. The requested event was for a maximum of four days. It only took 2 days. • We would like to welcome David Foote as our new full time Lineman. David and his family moved here from Michigan. E. LIBRARY News and Updates • The hiring process has begun for the Library Museum Technician and Library Museum Aide. • Museum Assessment Program Site Visit was a success- We appreciate each person who participated in our efforts to become better stewards of the local history and heritage materials entrusted to us G. SPRD Admire • ALPAR litter patrol is working great with four teens. We welcomed back Robyn Berg as leader this year. We are probably recycling more items than in any previous year. The crew will finish before school starts and will celebrate their successes at a business lunch downtown. We are thankful for ALPAR and KPB for funding this great program. • SPRD sends another"ThankYou"to Matt Genovese and his team of volunteers and contributors to our new, Brotherly Love Park in Waterfront Park. It is very uplifting to see the public enjoy the grill, garden, table and bench. Slip Permits sold x68, Emp Permits sold x6 and VWT Permits sold x15 Dail Revenues 2015 2014 +/-comparison NE Lot $20,170 $19,150 1020 North Lot $25,360 $28,690 -3330 South Lot $45,070 $44,580 490 Uplands Main $9,090 $7,260 1830 Uplands at Ramp $4,430 $4,210 220 Totals $104,120 $103,890 $230 Tickets 2015 2014 +/-comparison Warnings issued 544 unknown Tickets issued 13 34 Tickets paid 5 10 Towing/boot 0 0 Notes: Launch Fees for Harbor Dept: South Ramp: $5,630 South Annual Permits x2 =$200 North Ramp:$12,420 North Annual Permits x1 =$100 Excess Parking Payment:$254 compared to$279 from 2014. Sports & Rec Division: • Subway Tri Harder Thon, huge success! Seward Parks & Recreation hosted Seward's 4th Adventure Challenge Sat, July 25th. Tri-athletes from around the state paddled 5 miles on Kenai Lake, ran 6 miles on the Iditarod trail (from Long Lake to Meridian trailhead) then rode bikes 15 miles to the finish line at the Wellington picnic area. Congrats to all the competitors! Everyone crossed the finish line with great attitudes and some with outstanding times. • Alaska Sea Life Center Rescue Run Sat, Aug 1 Seward Sports & Rec Division provided Finish Line support, timed, prepared results and coordinated the finish line chute for this race. Softball: • The overall Recreation Softball League winner was the Alaska SeaLife Center's Lumpsuckers team. The season final tourney was Tues, July 28th. Kudos to all the teams, The Sunday night Competitive coed softball tourney will be held August Second. Youth Soccer League • 112 participants signed up. League ends shortly before school begins on August 12th. Teen and Youth Center • Usually 30 to 40 Day Campers and about eight to 13 (older) Adventure Campers enjoy the Seward sun, local parks and playgrounds and some local field trips each week. TYC total Camp attendance serves 38 to 53 campers each week. • TYC is in the process of recruiting for the awesome school-year staff. Please see the job description. • The new TYC After School Program (ASP) Brochures have been ordered and are expected before school begins. Teen Rec Room • 15 to 30 High School participants enjoy the evening and nightly recreation activities. The August calendar is packed full of in-house and off-site programs. Staff are preparing for the upcoming school season, offering a drawing to win prizes the first week of school. • 2015/16 Teen Council applications are available to all teens. Enthusiastic, caring, rambunctious or studious and serious teens are encouraged to be a part of this active and involved group. Applications are due September Stn • Staff and TYC Council members are coordinating with JW, manager of Blackwater Railroad band to host another Open Jam Session with HS Students and local musicians. The next big event will be Thursday, September 9th at 6 pm. Closely related, SPRD is working with JW Frye to launch a teen music program in Seward through the Rec Room. Funding has been acquired to buy instruments. Eventually the program will be statewide, and Mr. Frye has already been working with Homer and Soldotna teens. Park Maintenance & Campgrounds • As of the end of July, the Luke pay station located at the sewer dump station has collected three times its revenue budget of$5,000. Minimal complaints were received at first, but there have been only a few issues with the process. Customers are able to pay with a credit card or a crisp, five-dollar bill. • A Boy Scout group volunteered about 20 hours in the old City Cemetery on Coolidge drive. They hauled top soil to lower divits or sunken sites. These areas will need to be seeded. The Parks Maintenance crew and gardeners continue to clean up and improve the cemetery to safer and more appropriate standards. • The staff receives daily compliments from the public regarding clean restrooms and nice, safe, attractive parks. Parking • 10 concrete flower planters were re-purposed from the Center lot into the Uplands and other parts of the Center lot. Striping, cleaning and chalking activities continued in all of the lots. Hedge trimming and weed eating work continues. • The Harbor Department installed "Kids Don't Float" kiosk on the side of Parking Office Chalet for faster and easier access to the highly visible youth life vests. We have received positive feedback from the community about this project. • Staff sold 28 parking permits in July, and we issued 14 citations. ate 0*. fY —SP L -'•^'•a tot . . 414*04 INN r # , '�� ` C T 4.- Before \tfcr 4r7 Sponsored by: Planning&Zoning Commission CITY OF SEWARD,ALASKA RESOLUTION 2015-065 A RESOLUTION OF THE SEWARD CITY COUNCIL RECOMMENDING KENAI PENINSULA BOROUGH APPROVAL OF THE CITY OWNED SEWARD TIDELANDS SURVEY ATS 1574, TRACT A, REPLAT NO. 2; LOCATED ON THE EAST SIDE OF RESURRECTION BAY WITHIN THE RESOURCE MANAGEMENT ZONING DISTRICT WHEREAS, administration hired Cline and Associates Land Surveyors to prepare a preliminary replat of the City owned Seward Tidelands, ATS 1574, located on the east side of Resurrection Bay; and WHEREAS, Cline and Associates has submitted the preliminary replat to be known as Seward Tidelands Survey ATS 1574, Tract A, Replat Number 2; creating two (2) new lots to be known as Tract A-1 A and Tract A-2B; and WHEREAS, this platting action will create a ten (10) acre tidelands tract (Tract A-1A) that will be designated as the project mitigation site required by the Corp of Engineers dredging permit for the Seward Marine Industrial Center (SMIC) breakwater improvements; the second tract(Tract A-2B) is the remaining tidelands area, approximately 49.11 acre; and WHEREAS, Tract A-lA is being reserved from future development in exchange for the proposed dredging and breakwater improvements and will be subject to a restrictive covenant to be recorded after this plat has been recorded; and WHEREAS, access to these parcels is by public waters which requires an exception to the Kenai Peninsula Borough Subdivision Code; and WHEREAS, the area included within this replat is currently zoned Resource Management (RM), this replat does not create any non-conforming structures or lots within the current zoning district; and WHEREAS, no subdivision installation agreement is necessary as this replat contains no uplands or developable area; and WHEREAS, City staff have reviewed, commented and support the proposed replat; and WHEREAS, it is the Planning and Zoning Commission's responsibility to act in an advisory capacity to the Seward City Council and the Kenai Peninsula Borough regarding subdivision plat proposals; and 0 CITY OF SEWARD,ALASKA RESOLUTION 2015-065 WHEREAS, the Seward Planning and Zoning Commission held a public hearing and approved Resolution 2015-14, recommending the Seward City Council and the Kenai Peninsula Borough approval of the Seward Tidelands Survey ATS 1574, Tract A, Replat Number 2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,that: Section 1. The Seward City Council approves, in accordance with Seward City Code Section 16.01.015 (B), the submittal of the Seward Tidelands Survey ATS 1574, Tract A, Replat Number 2 to the Kenai Peninsula Borough for final approval. Section 2. The Seward City Council further recommends the Kenai Peninsula Borough Planning Commission approve the Seward Tidelands Survey ATS 1574, Tract A, Replat No. 2. Section 3. This resolution shall take effect 30 days after passage and posting as required by Seward City Code § 7.05.145. PASSED AND APPROVED by Seward City Council this 10th day of August 2015. THE CITY OF SEWARD, ALASKA Jean Bardarson, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) Agenda Statement e of - Meeting Date: August 10, 2015 To: City Council 4�A6M�P Through: Jim Hunt, City Manage Ron Long, Assistant City Manager From: Donna Glenz, Planner Agenda Item: Resolution 2015- " recommending City Council and Kenai Peninsula Borough approval of the Seward Tidelands Survey ATS 1574, Tract A, Replat No. 2 BACKGROUND & JUSTIFICATION: Attached for the Council's review and recommendation to the Kenai Peninsula Borough Planning Commission is a preliminary plat submitted by Cline and Associates on behalf of the City of Seward. In accordance with Seward City Code (SCC) 16.01.015(B) "No preliminary plat of City-owned property may be submitted to the Kenai Peninsula Borough Planning Commission for approval without the prior consent of the City Council." Cline and Associates was hired to provide a preliminary plat of City owned Seward Tidelands to be known as Seward Tidelands Survey ATS 1574, Tract A, Replat Number 2; creating two (2) new lots to be known as Tract A-1 A and Tract A-2B. This platting action will create a ten (10) acre tidelands tract (Tract A-1A) that will be designated as the project mitigation site required by the Corp of Engineers dredging permit for the Seward Marine Industrial Center (SMIC) breakwater improvements. Tract A-1A is being reserved from future development in exchange for the proposed dredging and breakwater improvements and will be subject to a restrictive covenant to be recorded after this plat has been recorded. SUBDIVISION REVIEW: These parcels are considered to be within the Resource Management Zoning District, (RM) per City Code 15.01.030(e)(7) Official Maps "Boundaries indicated as intersecting the shoreline of Resurrection Bay are considered to continue in a cardinal direction to the center of the bay or an intersection line, making the tidal and bay map designation the same as the adjoin upland designation." Utilities: There are no public utilities available to these parcels. The parcels are within the submerged 'Cl tidelands of Resurrection Bay. No subdivision agreement is required. Existing Uses: There are no existing uses. Flood Zone: Most of this area is located within a Velocity Zone of the Special Flood Hazard Area. INTENT: To establish a ten (10) acre tidelands tract (Tract A-IA) that will be designated as the project mitigation site required by the Corp of Engineers dredging permit. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (2020, approved by Council 2005): Economic Base: Complete development of Seward Marine Industrial Center (SMIC) as a revenue source with year-round employment opportunities.(Bullet X 12, page 16) Section 3.5.1.2 & (Bullet 5) Supports the continued development of the Seward Marine Industrial Center. (page 24) Strategic Plan (1999): Economic Base • Expand Development in the Seward Marine Industrial Center X (SMIC). (page 7) Municipal Lands Management (2014—Update) Description: Tidelands east side Resurrection Bay X Recommendation: Retain ownership FISCAL NOTE: Survey fees, platting fees to the Kenai Peninsula Borough and Certificate to Plat costs were paid from the SMIC Capital Improvement Fund. Approved by Finance Department: jC li ATTORNEY REVIEW: Yes: No: X N/A: 41'1 Staff Comments: All staff and administration concerns have been addressed and all City department heads recommend approval of this preliminary replat. Public Comment: Property owners within three hundred (300) feet of the proposed platting action were notified of the public hearing. Public notice signs were posted adjacent to the Nash Road Right of Way, and all other public hearing requirements of Seward City Code §15.01.040 were complied with. Planning and Zoning held a public hearing and approved P&Z Resolution 2015-14 at their July 14, 2015 meeting. RECOMMENDATION: c' Approve Resolution 2015- 05 recommending Kenai Peninsula Borough approval of the Seward Tidelands Survey ATS 1574, Tract A, Replat No. 2. six _ r I N LIL 1 1 5 2651/60. E FOR RpL -___\ i!n JI its 'b THIS I \I 6 5 y°alw 6IE� SURVEY ATS 174 BASIS OF BEARING I ^' sl se • ��,,,,� l PLAT 2000-3 512 S7 1__ �9s9`"'C l SEWARD RECORDING DISTRICT\ 'z 1986 a siuo or`uirs--------r- 199 °7 58959'07"E I I Director's Lino•TS 17a 10 F 3 1911 sr nov x C4 �p,, 377.54_ tz 7 9 - — — s isle 589'54 02 E 1571.24' Iict `ZC'se swap.u„rwwwwr Si -1 1 ATS 1514 II N I r TRACT H-1 It' TRACT A—lA / � �, \ 1 10.000 ACRES /i t �j�ory 4."0.' o / e I aa� ?bow , I3 U 1] ---- I "a .7" 3'' I I S'; N89'S402 W 1491.05 (j' 148.88'e-192.16' I s6•)Hrq,C 74 ter 1 , zjO E-4 4q u■ j I VICINITY MAP 1"=I MILE 0,>••1 '?.SSj 3733' 15329'4.-7 f` / I CERTIFICATE OF OWNERSHIP AND DEDICATION •0 1 I 00+ 1 We hereby certify that we am the owners f the real property '`� I n 70 1953. / shown and described hereon and that we hereby adopt this (� G 1 1 Uss 7 1 ti ""o / plan of subdivision. ` C`�� I \\194 I e / l Py \ � / �(_V 1 \ / James Hunt, City Manager J City of Seward g _I1 :/ 0 \ / P.O. Box AK U I I� t$ `l / Seward, AK 99664 N J / 7 / NOTARY'S AGKNOMI.EDGMENT / / LEGEND ^1 /? /l� / FOR I /4 l / FOUN .5 ME'NLM/COO BRASS SUBSCRIBED AND SWORN TO BEFORE ME THIS TRACT A-1B ( l' s / CO 49.111 ACRES ' J0� / / ( FOUND 2"dia. CONCRETE FILLED IRON PIPE, ORIGINAL 1911 GLO 00 TRACT 2A A. / / BRASS CAP MISSING NOTARY FOR ALASKA MY COMMISSION EXPIRES / 9 SET 5/8x24"REBAR&PLASDC / CAP STAMPED LS 7569 5p. I V O -- FoSey �Upn.•4c s v A. /��Q' / 1571.24' RECORD MEASURED PER PLAT .. �d Rer.A9of 9g`�y / 2000-3.SEWARD REC OISTRICT V D'e'is 7 I. O /P*/ 1491.03' MEASURED THIS SURVEY ��J� / // l / N01ES / .' w,,C -"p 1 This subdivision consists entirely of Tidelands. PLAT APPROVAL < I S3i94 / / This plot was approved by the Kenai Peninsula Borough M7/ Os ro R= / 2 All exterior boundary information is per Plot Planning Commission at the meeting of 1 a $MO 54828 / 2000-3. Seward Recording District I3 1953 J The landward boundary of this subdivision is the• 68934'02"W 1239.09' rIy11 11 ""' record meanders of the upland Borou h Official pl parcels, or the 9 \ existing Mean High Tide Line. whichever is most �VA2 1` \ 1 \ seaward. Meander Lines shown ore for area/ *hmh )ii; I computations only. SEWARD TIDELANDS SURVEY TRACT A-2 yra^M 1, r TRACT H-2 / 4 Permanent public access to these parcels is by ATS 1574 TRACT A REPLA T NO 2 / l iI public waters. A SUBDIVISION OF TRACT A-1 r '$fl / / 5 This plot requires exceptions to KPB Code: SEWARD TIDELANDS SURVEY SURVEYOR'S CERTIFICATE KPB20.30.050 Legal access. ATS 1574 TRACT A REPLAT KPB20.30.210 Access to streets, PLAT NO. 2000-3, SEWARD RECORDING DISTRICT I hereby certify that I om properly registered and licensed MEANDER LINES KP820.30.280 Floodplain requirements. LOCATED IN THE NORTHEAST 1/4 SECTION 12 to practice land surveying in the Stote of Alaska, this plot MEAN HIGH DOE RESURRECTION BAY KPB20.30.190 Lot Dimensions. TOWNSHIP 1 SOUTH RANGE 1 WEST represents o survey mode by me or under my direct supervision, MI S15'49'46"W 293Sfi KPB20.J0.170 Block Length requirements, SEWARD MERIDIAN ALASKA the monuments shown hereon actually exist as described, and M2 51549'46'W 27.25 KPB20.60.20(E)Distance between monumented points, all dimensions and other details are correct to the normal CITY OF SEWARD standards of practice of land surveyors in the State of Alaska. M3 S03:13.547. 111.21' KENAI PENINSULA BOROUGH MEAD RECORD MEANDER NE U.S.S. 3294 SEWARD RECORDING DISTRICT M4 6675800"W U .39.14' w tiP;Newape CONTAINING 59.111 ACRES 1 M5 51035;75"W 286.50' Dote p• E., .A4,q•e M6 504'07:75"W 200.69' ,r.' _y% M7 524'01.35"W 175.70' WASTEWATER DISPOSAL: CLINE AND ASSOCIATES a i n M8 507 46'35"W 284.72' Conditions might not be suitable for onsite wastewater e 49th ': ` treatment anal disposal systems. No wastewater will be LAND SURVEYORS M9 51638'35"W 228.66' r • generated or disposed of on these lots as of the date 416 4th AVENUE PO BOX 2703 SEWARD, AK 99664 M10 526'49'35"W 197.53' t,e:,x,,, of this plot.treatment and change to os, those ose systems stems (907) ( ) •,"; RicNa•s cuer,�; M11 5605125E 100.25' (907 224-7324 FAX 907 224-6088 e•sr; wastewater treatmet and disdspol systems, those softens No.7569 M7J 50046:75"W 109.55' must meet the wastewater di ♦ r•vv yg� disposal requirements of KPB DATE 06/12/7015 SCALE.' 1"- 200' •4•o'•.. 4•°"1Wcssrar•`.•••• Depart ental and regulatory requirements of the Alaska ORANN: WNC F.D. BK.: 15-01 es,ewww. Departmental of Environmental Conservation. DRAWING Na: I5-09PP1 K.P.B. FILE/.. 7015- r...7„it. %.,, ..-.1"*.„ 4$ ;., .4,-..e. •-...0,f•-•,,--e-: ••,••4.,.-,i bil.• 4: • .-w..:,.. ...c...-:...,„ •cot.,-----,..-.:-... .,..i. 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Seward Tidelands Survey ATS 1574 r 41, .,...\, , P & Z Public Hearing . -of Sets, Tract A Replat No. 2 /6:41::: ,:) 6 N July 14, 2015 Due to different data sources property lines and aerial 0 550 1,100 2,200 Feet imagery do not overlay correctly. Map is to be used for li....!vsv-c* # , . . ■ orientation and reference purposes only. Mapping Assistance by Alaska Map Company,LLC / 1--1 Sponsored by: Staff CITY co'SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2015-14 A,RESOLUTION OF THE PLANNING AND ZONING COMMISSION,OF THE'CITY OF SEWARD, ALASKA RECOMMENDING CITY COUNCIL AND KENAI PENINSULA BOROUGH APPROVAL OF THE CITY OWNED SEWARD TIDELANDS SURVEY ATS 1574,TRACT A,REPLAT NO. 2; LOCATED ON THE EAST SIDE OF RESURRECTION BAY WITHIN THE RESOURCE MANAGEMENT ZONING DISTRICT WHEREAS, administration hired Cline and Associates Land Surveyors to prepare a preliminary replat of the City owned Seward Tidelands, ATS 1574, located on the east side of Resurrection Bay;and WHEREAS, Cline and Associates has submitted the preliminary replat to be known as Seward Tidelands Survey ATS 1574, Tract A, Replat Number 2; creating two (2) new lots to be known as Tract A-lA and Tract A-2B; and WHEREAS, this platting action will create a ten (10) acre tidelands tract (Tract A-1A) that will be designated as the project mitigation site required by the Corp of Engineers dredging permit for the Seward Marine Industrial Center (SMIC) breakwater improvements; the second tract(Tract A-2B)is the remaining tidelands area,approximately 49.`l 1 acre', and WHEREAS,Tract A-lA is being reserved from future development in exchange for the proposed dredging and breakwater improvements and will be subject to a restrictive covenant to be recorded after this plat has been recorded;and WHEREAS, access to these parcels is by public waters which requires an exception to the Kenai Peninsula Borough Subdivision Code; and WHEREAS, the area included within this replat is currently zoned Resource Management (RM), this replat does not create any non-conforming structures or lots within the current zoning district; and WHEREAS,no subdivision installation agreement is necessary as this replat contains no uplands or developable area; and WHEREAS, it is.the Planning and Zoning Commission's responsibility to act in an advisory capacity to the Seward City Council and the Kenai Peninsula Borough regarding subdivision plat proposals; and 1 C3 Seward Planning and Zoning Commission Resolution 2015-14 Page 2 of 2 WHEREAS, as required by Seward City Code §16.01.015, Conditions to plat approval, property owners within 300 feet of the requested replat were notified of the proposed subdivision, and the adjacent uplands was posted with public notice signage. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission recommends that, in accordance with Seward City Code Section 16.01.015 (B), the City Council approve the submittal of the City owned Seward Tidelands ATS 1574 Tract A Replat No. 2 to the Kenai Peninsula Borough and recommend approval. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 14th day of July 2015. THE CITY OF SEWARD,ALASKA .4.1111/T - illP Cindy Ec 4 und, hair AYES: Swann,Coulter,Fleming, Seese NOES: None ABSENT: Ecklund,Anderson ABSTAIN: None VACANT: One ATTEST: AA ! i os a....09y0RAT...6 1,, 4 G °o11. i ? r Jo i anna ,CMC di SEAL 9 Ci Clerk —V— tkCif Seal) 4' e . . ,gym � V . .••` "�� ,rE OF City of Seward,Alaska Planning Con nission Mingles Judy 14, 2015 Volume 7,Page 149 New Business Items requiring a Public Hearing— Resolution 2015-14 of the Planning and Zoning Commission, of the City of Seward, Alaska recommending City Council and Kenai Peninsula Borough approval of the City owned Seward Tidelands Survey ATS 1574, Tract A, Replat No.2; located on the east side of Resurrection Bay within the Resource Management Zoning District Glenz noted the location on wall maps and explained that the replat involved City-owned submerged tidelands. The 10 acre parcel was approximately nort gf the Seward Marine Industrial Center. The parcel was to be set aside as a project mill lion site related to a U.S. Army Corps of Engineers dredging permit issued for the S Marine Industrial Center breakwater improvement, Glenz said. Staff had received Iiree-iestions from the public about the proposed replat, but no further questions once a locali�Oh and purpose of the land action was explained, Glenz said. � `mss:. *, fF v : Fleming asked whether the other surrounding p would p1ed to be platte4 f. b 5f• Glenz explained the tidelands platting around Resurre (`:,11 Bay, and said it was a goal of the City to complete tidelands platting it}the future. e. Notice of public hearing being posted ii 1)1 shed as reg4frdd by law was noted and the public hearing was opened. vr, h16 �'rte' Hearing no one wishjng t0113014,the publ hearing Was closed. Ali+ 411,- . wa Motion (Swa , cminit, ,';v--'Approve Resolution 2015-14 Mgttob Pisetl c�a �� " Unanimous ,fir_. ,.,f.ef•. F•p„.44, 4 Si3 '.k: ,. ,;:: v Ir7 Sponsored by: Planning&Zoning Commission CITY OF SEWARD,ALASKA RESOLUTION 2015-066 A RESOLUTION OF THE SEWARD CITY COUNCIL RECOMMENDING KENAI PENINSULA BOROUGH APPROVAL OF THE FOREST ACRES LEVEE REPLAT NO. 2; CREATING SEVEN (7) PARCELS; VACATING UNDEVELOPED RIGHTS-OF—WAY AND UTILITY EASEMENTS WHILE DEDICATING NEW RIGHTS-OF-WAY AND UTILITY EASEMENTS; LOCATED NORTH AND SOUTH OF THE NORTH FOREST ACRES LEVEE (DIECKGRAEFF ROAD) LOCATED WITHIN THE RESOURCE MANAGEMENT ZONING DISTRICT WHEREAS, administration hired Cline and Associates Land Surveyors to prepare a preliminary plat of the City and privately owned parcels lying north and south of the west end of the North Forest Acers Levee; and WHEREAS, Cline and Associates has submitted the preliminary plat to be known as Forest Acres Subdivision, Levee Replat Number 2; and WHEREAS, this platting action will vacate, undeveloped and no longer used Rights-of- Way, and undeveloped utility easements throughout the replat; and WHEREAS, this platting action will dedicate the Right-of-Way for the remaining public use easement of Dieckgraeff Road, additional Right-of-way for Pine, Oak, Maple Streets and Dimond Boulevard; and WHEREAS, Cline and Associates worked diligently with City staff to protect and provide easements for existing and planned utilities throughout the replat area; and WHEREAS. City staff have reviewed, commented and support the proposed Forest Acres Levee Replat No. 2; and WHEREAS, the area included within this replat is currently zoned Resource Management (RM), this replat does not create any non-conforming structures or lots within the current zoning district; and WHEREAS, no subdivision installation agreement is necessary because Tract A and B are large parcels totaling 76,000 acres and the remaining five (5) parcels are governed by special plat notes; and WHEREAS, it is the Planning and Zoning Commission's responsibility to act in an advisory capacity to the Seward City Council and the Kenai Peninsula Borough regarding subdivision plat proposals; and CITY OF SEWARD, ALASKA RESOLUTION 2015-066 WHEREAS, as required by Seward City Code §16.01.015, Conditions to plat approval, property owners within 300 feet of the requested replat were notified of the proposed subdivision, and the property was posted with public notice signage; and WHEREAS, the Seward Planning and Zoning Commission held a public hearing on July 14, 2015 and approved Resolution 2015-15, recommending Council and the Kenai Peninsula Borough approve the Forest Acres Subdivision, Levee Replat No. 2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,that: Section 1. The Seward City Council recommends that, in accordance with Seward City Code Section 16.01.015 (B), the submittal of the Forest Acres Levee Replat No. 2 to the Kenai Peninsula Borough. Section 2. The Seward City Council further recommends the Kenai Peninsula Borough Planning Commission approve the vacation of all undeveloped Rights-of-Way and Easements as proposed by the Forest Acres Levee Replat No. 2. Section 3. The Seward City Council further recommends the Kenai Peninsula Borough Planning Commission approve the dedication of additional Rights-of-way for Dieckgraeff Road, additional Right-of-way for Pine, Oak, Maple Streets and Dimond Boulevard and the additional easements as proposed by the Forest Acres Levee Replat No. 2. Section 4. The Seward City Council further recommends Kenai Peninsula Borough approval of the Forest Acres Levee Replat No. 2. Section 5. This resolution shall take effect 30 days after passage and posting as required by Seward City Code § 7.05.145. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 10th day of August 2015. THE CITY OF SEWARD,ALASKA Jean Bardarson, Mayor 1d Agenda Statement r �ofst� q14 Meeting Date: August 10, 2015 ,sl ligotAp To: City Council ' 4LA511�P Through: Jim Hunt, City Manag g Ron Long, Assistant City Manager From: Donna Glenz, Planner Agenda Item: Resolution 2015- bl919 recommending City Council and Kenai Peninsula Borough approval of the Forest Acres Subdivision, Levee Replat No. 2 BACKGROUND & JUSTIFICATION: Attached for the Council's review and recommendation to the Kenai Peninsula Borough Planning Commission is a preliminary plat submitted by Cline and Associates on behalf of the City of Seward. In accordance with Seward City Code (SCC) 16.01.015(B) "No preliminary plat of City-owned property may be submitted to the Kenai Peninsula Borough Planning Commission for approval without the prior consent of the City." This replat contains an area totaling approximately 83.115 acres and is located abutting the western end of the North Forest Acres Levee, both to the north and south. The purpose of the plat is to convert the remaining public use easements acquired for the North Forest Acres Levee project into public Right-of-Way (ROW) and to vacate the old alignment of Dimond Boulevard ROW north of the new Dieckgraeff Road. The ROW being vacated is being replaced by dedication of the new alignment of Dieckgraeff Road and by easements to protect the existing utilities. The existing 40 foot ROW for Oak, Maple, Birch and Diamond (south of Dieckgraeff Road) that adjoin these parcels are being expanded to meet the current City of Seward minimum ROW width of 50 feet. SUBDIVISION REVIEW: Zoning: The replat area is currently zoned Resource Management (RM). Utilities: The large Tracts A and B are owned by the University of Alaska, Lots AU-1 and ZZ-1 are privately owned and the remaining Lots AW-1, AV-1 and MM-1 are owned by the City. These seven (7) parcels are not served by the public sewer system. This plat requires an exception to Kenai Peninsula Borough (KPB) wastewater disposal regulations (KPB 20.40) for lots AW-1, AV-1, ZZ-1 and MM-l. Development of these lots is prohibited until public water and sewer systems are available. A temporary on-site septic system is proposed for Lot AU-1. An engineer's wastewater investigation has been completed. Public water and electric utilities are within the adjacent ROW for Lot AU-1. Tracts A and B meet KPB requirements for wastewater disposal for lots over 200,000 square feet, therefore no exception request is required. Existing Uses: The Forest Acres Levee was built running East and West through a portion of the current parcels within a public access easement. The levee contains the drive surface of Dieckgraeff Road which provides direct access from the Seward Highway to the Kenai Peninsula Borough Transfer Station and other commercial holdings. Flood Zone: Most of the entire area is located within a Special Flood Hazard Area. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (2020, approved by Council August 8, 2005) Natural Hazards: We value a safe community and a feeling of security. 1 3.8.1. (page 28) Protect citizens from natural hazards by using X appropriate land use policies and regulations.. 3.8.1.2 (page 28) (Bullets 2) Use potentially hazardous public lands for low risk uses such as open space, wildlife and bird habitat protection, and recreation activities. Strategic Plan (Approved by Council Resolution 99-043): Mitigate Flood Hazards 2' Secure funding to implement the comprehensive flood mitigation plan X for the Resurrection River and Japanese Creek Municipal Lands Management Plan: (Adopted by Council Resolution 2014-095) 3 Retain land ownership. Develop a "conservation overlay district." X Develop the area south of the levee as a non-amenities camping area. (page 18) All Hazard Mitigation Plan (April 2010) The North Forest Acres Levee area is noted in the All Hazard 4. Mitigation Plan in many places as a potential hazard area for flood X inundation hazard area. The plan recommends the Levee and as an open space safety zone. INTENT: To vacate a section of the original Dimond Blvd. and dedicate the public ROW for the western end of Dieckgraeff Road and cleanup the area affected by the North Forest Acres Levee project FISCAL NOTE: Survey fees, platting fees to the Kenai Peninsula Borough and Certificate to Plat costs were paid from Community Development Contracted Services Budget. Approved by Finance Department: dad.„;&.,) ,1 ATTORNEY REVIEW: Yes: No: X N/A: X yr q P Staff Comments: All staff and administration concerns have been addressed and all City department heads recommend approval of this preliminary replat. Public Comment: Property owners within three hundred (300) feet of the proposed platting action were notified of the public hearing. Public notice signs were posted on the property and all other public hearing requirements of Seward City Code §15.01.040 were complied with. At the time of this publication the Community Development Department had received several public inquiries. All inquiries requested explanation of the location and dedication of the Dieckgraeff Road ROW. All were satisfied with the information provided and supported the replat. RECOMMENDATION: Approve Council Resolution 201519° recommending Kenai Peninsula Borough approval of the Forest Acres Subdivision Levee Replat No. 2. 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Forest Acres Levee Replat No. 2 �/set /\ Public Hearing /` t'";-$ N P &Z Meeting July 14, 2015 Due to different data sources property lines and aerial 0 340 680 1,360 Feet imagery do not overlay correctly. Map is to be used for atASr-e* # . - - - • orientation and reference purposes only. • Mapping Assistance by Alaska Map Company,LLC Sponsored by: Staff CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2015-15 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION, OF THE CITY OF SEWARD, ALASKA RECOMMENDING CITY COUNCIL AND KENAI PENINSULA BOROUGH APPROVAL OF THE FOREST ACRES LEVEE REPLAT NO. 2; CREATING SEVEN (7) PARCELS; VACATING UNDEVELOPED RIGHTS-OF—WAY AND UTILITY EASEMENTS WHILE DEDICATING NEW RIGHTS-OF-WAY AND UTILITY EASEMENTS; LOCATED NORTH AND SOUTH OF THE NORTH FOREST ACRES LEVEE (DIECKCRAEFF ROAD) LOCATED WITHIN THE RESOURCE MANAGEMENT ZONING DISTRICT WHEREAS, administration hired Cline and Associates Land Surveyors to prepare a preliminary plat of the City and privately owned parcels lying north and south of the west end of the North Forest Acers Levee;and WHEREAS, Cline and Associates has submitted the preliminary plat to be known as Forest Acres Subdivision,Levee Replat Number 2; and WHEREAS, this platting action will vacate, undeveloped and no longer used Rights-of- Way,and undeveloped utility easements throughout the replat;and WHEREAS,this platting action will dedicate the Right-of-Way for the remaining public use easement of Dieckgraeff Road, additional Right-of-way for Pine, Oak, Maple Streets and Dimond Boulevard; and WHEREAS, Cline and Associates continues to work diligently with City staff to protect and provide easements for existing and planned utilities throughout the replat area; and WHEREAS; City staff have reviewed, commented and support the proposed Forest Acres Levee Replat No. 2; and i WHEREAS, the area included within this replat is currently zoned Resource Management (RM), this replat does not create any non-conforming structures or lots within the current zoning district; and WHEREAS, no subdivision installation agreement is necessary because Tract A and B are large parcels totaling 76,000 acres and the remaining five (5) parcels are governed by special plat notes; and Seward Planning and Zoning Commission Resolution 2015-15 Page 2 of 3 WHEREAS, it is the Planning and Zoning Commission's responsibility to act in an advisory capacity to the Seward City Council and the Kenai Peninsula Borough regarding subdivision plat proposals; and WHEREAS, as required by Seward City Code §16.01.015, Conditions to plat approval, property owners within 300 feet of the requested replat were notified of the proposed subdivision,and the property was posted with public notice signage. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission recommends that, in accordance with Seward City Code Section 16.01.015 (B), the City Council approve the submittal of the Forest Acres Levee Replat No.2 to the Kenai Peninsula Borough and recommend approval. Section 2. The Commission further recommends the City Council approve the vacation of all undeveloped Rights-of-Way and Easements as proposed by the Forest Acres Levee Replat No.2. • Section 3. The Commission further recommends the City Council approve the dedication of additional Rights-of-way for Dieckgraeff Road, additional Right-of-way for Pine, Oak, Maple Streets and Dimond Boulevard and the additional easements as proposed by the Forest Acres Levee Replat No. 2. " Section 4. The Commission further recommends Kenai Peninsula Borough approval of the Forest Acres Levee Replat No. 2. Section 5. This resolution shall take effect immediately upon its adoptipn. Seward Planning and Zoning Commission Resolution 2015-15 Page 3 of 3 PASSED AND APPROVED by the Seward Planning and Zoning-Commission this 14th day of July 2015. THE CITY OF SEWARD,ALASKA i /_4gi . Cindy E l 1 d, Chair AYES: Fleming, Swann,Coulter, Seese NOES: None ABSENT: Ecklund, Anderson ABSTAIN: None VACANT: One A1 EST: J iti j a"r 0 Jo anna KinnW C 4111 ty Clerk (City Seal) •000000aoeett :off .-'" p : tt ...Dm-. : • • SEAL ...,:s>.'444,24. ,v_ %Lir OF --;" 23 City of Seward,Alaska Planning Commission Minutes July 14, 2015 Volume 7, Page 150 Resolution 2015-15 of the Planning and Zoning Commission, of the City of Seward, Alaska recommending City Council and Kenai Peninsula Borough approval of the Forest Acres Levee Replat No. 2; creating seven (7) parcels; vacating undeveloped rights-of-way and utility easements while dedicating new rights-of-way and utility easements; located north and south of the North Forest Acres Levee (Dieckgraeff Road) located within the Resource Management Zoning District Glenz said the platting action would vacate rights of way that were no longer being used following the development of the levee and realignment of -- • to the solid waste transfer station area The land action was within the Resource ■t„.= .:ement Zoning District, and included parcels owned by public entities and priva _;_ . There was no public opposition to the proposed replat,Glenz said. v S r Notice of public hearing being posted and publ' d-a's'required bye :;,was noted and the public hearing was opened. Hearing no one wishing to speak,the public hea ■ :doted. Motion (Swann/Fleming) Appr. :; :.R'esolution 2015-15 Motion Passed ' m amo ,sue k 4 Sponsored by: City Attorney Introduction: August 10, 2015 Public Hearing:August 24, 2015 Enactment: August 24, 2015 CITY OF SEWARD,ALASKA ORDINANCE 2015-003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING CHAPTERS 11.01 AND 11.05 OF THE CITY'S VEHICLE AND TRAFFIC CODE, ADOPTING STATE OF ALASKA TRAFFIC LAWS, ADOPTING THE SURCHARGE REQUIRED BY AS 29.25.074, AND UPDATING ENFORCEMENT PROVISIONS RELATED TO TRAFFIC VIOLATIONS WHEREAS,the purpose of this ordinance is to update the Vehicle and Traffic Code and conform the City's vehicle traffic violation enforcement to state requirements; and WHEREAS, the City's adoption of the Alaska Traffic Bail Forfeiture Schedule needs to be updated so that offenses can be disposed of without a court appearance and to provide that any amendments to the Alaska Traffic Bail Forfeiture Schedule are adopted by the City without further action from time to time to remain consistent with state law; and WHEREAS, the City is required to adopt an ordinance requiring a surcharge to be paid, in addition to fines provided in the Alaska Traffic Bail Forfeiture Schedule. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, HEREBY ORDAINS that: Section 1. Seward City Code Chapter 11 is amended as follows: (Deletions are Bold Strtl ems; Additions are Bold Underline) TITLE 11 VEHICLES AND TRAFFIC Chapter 11.01.- General Provisions Chapter 11.05. -Traffic-Control Devices Chapter 11.10.-Operation of Vehicles Chapter 11.15. - Stopping, Standing and Parking Chapter 11.20.-Special Stops Chapter 11.25.- Sizes,Weights and Loads Chapter 11.30.-Equipment Chapter 11.35.- Pedestrians Chapter 11.40. -Accidents CITY OF SEWARD, ALASKA ORDINANCE 2015-003 Chapter 11.45. - Bicycles Chapter 11.01. General Provisions 11.01.001. State traffic laws adopted by reference. 11.01.002. Traffic fine schedule- adoption of state bail forfeiture schedules by reference. 11.01.003. General penalty. 11.01.004. Traffic fine schedule for local traffic offenses 11.01.005. State surcharge. .! .! !. • . . . . . . . . . . • • . . • • . 11.01.015. Persons propelling pushcarts, riding animals, etc. 11.01.020. Compliance with title. • . ; . • . . . • • • • •. 11.01.035. Authority of police and fire department officials. ! ! ! . . _ . . , . • , ., ! ! ! • .! . ! • . . • . . , • •. . • • • . . . . 11.01.070. Permits required for parades or processions. 11.01.075. Carrying animals on outside of vehicle. . . . . . • . . . • • 11.01.085. Snowmobile.. 11.01.090. School buses ! ! I • • . . • . 11.01.001. State traffic laws adopted by reference. The city adopts by reference all vehicle and traffic statutes and regulations of the state of Alaska, creating minor offenses, as that term is defined in Minor Offense Rule 2 of the Alaska Rules of Court, as they presently exist and as they may be revised in the future, as part of the traffic code for the city. 11.01.002. Traffic fine schedule- adoption of state bail forfeiture schedules by reference. The city adopts as its traffic fine schedule for state offenses the "Traffic Bail Forfeiture Schedule" and the "Oversize Vehicle Bail Forfeiture Schedule" in Administrative Rules 43.1 and 43.6 of the Alaska Rules of Court and any other bail forfeiture schedules relating to vehicles adopted by the Alaska Supreme Court. In addition, the city adopts all amendments of those schedules that become effective after the effective date of this ordinance. Citations for offenses listed on these schedules may be disposed of as provided in AS 12.25.195-.230, without a court appearance, upon payment of the amounts listed plus the state surcharge required by AS 12.55.039 and AS 29.25.074. If a person charged with one of these offenses appears in court and is found guilty, the penalty -2c,b CITY OF SEWARD, ALASKA ORDINANCE 2015-003 imposed for the offense may not exceed the amount listed for that offense on the schedule. Citations charging these offenses must meet the requirements of Minor Offense Rule 3 of the Alaska Rules of Court. If an offense is not listed on the fme schedule, the defendant must appear in court to answer to the charges. 11.01.003. General penalty. Unless another penalty is expressly provided by law, every person convicted of a violation of any provision of this title shall be punished by a fine of not more than $300.00. 11.01.004. Traffic fine schedule for local traffic offenses In accordance with AS 28.05.151(a), citations for the following offenses listed in this title, not otherwise provided by state law, may be disposed of as provided in AS 12.25.195- .230, without a court appearance, upon payment of the fine amounts listed below plus the state surcharge required by AS 12.55.039 and AS 29.25.074. The Rules of Minor Offense Procedure in the Alaska Rules of Court apply to all offenses listed below. Citations charging these offenses must meet the requirements of Minor Offense Rule 3. If a person charged with one of these offenses appears in court and is found guilty, the penalty imposed for the offense may not exceed $300.00. These fines may not be judicially reduced. The fme amounts listed below are doubled for motor vehicle or traffic offenses committed in a highway work zone or traffic safety corridor, as those terms are defined in AS 28.90.990 and 13 AAC 40.010(b). An offense listed in this schedule may not be disposed of without court appearance if the offense is in connection with a motor vehicle accident that results in the death of a person. Section Offense Description Fine Amount 11.01.075 Transporting live animal outside of motor vehicle $50 11.05.055(b) Vehicles proceeding into closed streets $50 11.15.030 An'le s arkin' where not I ermitted $25 11.15.040 Abandoned vehicle $25/da 11.15.050 Parkin. as to obstruct traffic $25 11.15.065 Parking adjacent to schools in violation of signs $25 11.15.070 Parking on narrow streets in violation of signs $25 11.15.075 Parking on one-way streets in violation of signs $25 11.15.080(b) Parking in hazardous or congested places in $25 violation of signs 11.15.085(b), (c) Parking in violation of posted hours $25 11.15.087(a), (b) Parking when prohibited during snow/ice removal $25 11.15.105 Parking of a vehicle in excess of one ton in $50 prohibited area. 11.25.035 Failure to have valid permit for oversize vehicle $250 3 2 CITY OF SEWARD, ALASKA ORDINANCE 2015-003 11.01.005. State surcharge. In addition to any penalty prescribed by law, a defendant convicted of violating a city ordinance shall pay the surcharge required under AS 12.55.039 and 29.25.074. All such surcharges collected shall be remitted to the State of Alaska as required by AS 29.25.074. .! .! !. • . . . . . this title er by star.. statute �uao us , 11.01.015. Persons propelling pushcarts, riding animals, etc.' Every person driving any motor vehicle, operating a bicycle, propelling any pushcart or riding an animal upon a roadway, and any person driving any animal-drawn vehicle, shall be subject to the provisions of this title •• : : • . • • . • . . • • • and regulations set forth in 13 AAC Chapter 02, except those provisions of tale which by their very nature can have no application. (Ord. 368, sr 01.4, 1969; Ord. 610, 1988) 11.01.020. Compliance with title. It is a-msdemeaner violation for any person to do any act forbidden or fail to perform any act required in this title. (Ord. 368, §01.2, 1969; Ord. 610, 1988) •! ! _• • . . . . . , , . . . . . • . • . . . . . . , . • . • : , • • • . • . . . . . . . . • . . • • • . . . ., „l>cd „ rcf•„s„a , , .! •! !. a . . . . . . • . • . . . .. .. . . , ••. See Chapter 9.05 as to animals generally. See & 7.10.534 as to operation of bicycles in the small boat harbor. See AS 28.15 for driver's licenses.• . . . • ,.-! • . . .• • . . - . . . ' . . • .• CITY OF SEWARD, ALASKA ORDINANCE 2015-003 (Ord z68 c 2 X969) 11.01.035. Authority of police and fire department officials. (a) It shall be the duty of the officers of the police department or such officers as are assigned by the chief of police to enforce all street and highway traffic laws of this city and all of the state vehicle laws applicable to street and highway traffic in this city. (b) Officers of the police department or such officers as are assigned by the chief of police are hereby authorized to direct all traffic by voice, hand or signal in conformance with traffic laws; provided, that in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the police department may direct traffic as conditions may require notwithstanding the provisions of the traffic laws. (c) Officers of the fire department, when at the scene of a fire, may direct or assist the police in directing traffic thereat or in the immediate vicinity. (d) No person shall willfully fail or refuse to comply with any lawful order or direction of a police officer or fire department official. (Ord. 368, § 1.1 and'1.3, 1969) I II . • _ . . . , , ., • • . . . • . . . . . ••. • . . . •, • ,I ,I• I , (Ord. 368, §1.5, 1969} • speeified-dir-eetions - - . ., . . • . . . . • . . . • • . • , . . CITY OF SEWARD, ALASKA ORDINANCE 2015-003 • . . . • . . . . . . • . • • ! ! • • • . , •i S . . a s • . • . . . ! ! . . . • . . . • . . . . . . . •• •• . . •, • • . . . , • , . • . • • . . . . •• , 1.8, •! •. . - . . . . . . . •• / 35 CITY OF SEWARD, ALASKA ORDINANCE 2015-003 • . . . • • . . . . • . . ,.tio (Ord. 368, §5.40, 1969) motion. • . . •• . . • • . • • . . . • • . ; :, . . . • . (Ord. 368, § 7.58, 1969) .! .! . . ! • . . . _ , • •,, . . • • . . • . . . . . . • . • • _ • , • . . . • 1 . . . hi '' ..1+ vehicle u.b" . , , 11.01.070. Permits required for parades or processions. No procession or parade, except the armed forces of the United States or the state and the forces of the police and fire departments, shall occupy, march or proceed along any street except in accordance with a permit issued by the chief of police and such other regulations as are set forth herein which may apply. (Ord. 368, 5C 7.54, 1969) 11.01.075. Carrying animals on outside of vehicle. It shall be unlawful for any person to transport any living animal on the rung-bets, fenders, hood other outside part of any motor vehicle, unless suitable harness, cage or enclosure is provided and so attached as to protect such animal from falling or being thrown therefrom. �3b CITY OF SEWARD,ALASKA ORDINANCE 2015-003 (Ord. 368, § 7.59, 1969) � • i . . engaged-1n-switehing (Ord. 368,§ 7.62, 1969) 11.01.085. Snowmobiles n) Sidewalks. (3) Park; . . . . . , . . . . - . • . . , . • - . • . (`-- As us^ed inrthis section: . . n. • . . .� n .. . rr . .• n "•. . • U •" •. . • . .. •• . • . , . . , . , •, . . . •• . . . . . . . . • . . . . • . . . . . . . . . . . n • U "skimobics rr . , • . . 1t • • .t . . .• z7 CITY OF SEWARD, ALASKA • ORDINANCE 2015-003 • • . • . • • . . • • . : • . , . . •• : . • • 11 11 • • • • •• • : .' • • . • . . . •• •. .• • •, • - • . . . • , . • • . . • ' . . • • . . • •, ether-time; - - •• - • • • . . . . , . . . . • • . • . . . . • • . . • •, by_ni.,l d ren (Ord. 368,§ 7.67, 1969) I ! ' ! . . . . . 1 • .. . . . , . • • . • • • • , • • • • . . • . . • . • rr f.vzrnt a�t • CITY OF SEWARD, ALASKA ORDINANCE 2015-003 (Ord. 368, § 7.75, 1969) • . . . , . • •. . • . . • , . . . . , . . • • _• . . . . . . . . - • • (Ord. 368, §15.170, 1969; Ord. 610, 1988) Chapter 11.05. Traffic-Control Devices 11.05.010.Authority to install. 11.05.015. Specifications. • • . . 11.05.045. Crosswalks and safety zones. 11.05.050. Traffic lanes. 11.05.055. Streets closed to traffic. 11.05.010. Authority to install. The public works department director, under the direction of the city manager and chief of police, shall place and maintain traffic-control signs, signals and devices when and as required under this title and other traffic ordinances of this city to make effective such provisions, and may place and maintain such additional traffic-control devices as he-may-deem-necessary or desirable to regulate traffic under this title and other traffic ordinances of this city or under state law (see AS 28.01.0100(d)), or to guide or warn traffic. (Ord. 368, §2.19, 1969; Ord. 610, 1988; Ord. 2002-02) 11.05.015. Specifications. All traffic-control signs, signals and devices shall so far as practicable conform to the current Alaska Traffic Manual (see AS 28.01.010(d)) '4 : . . . . . _ . •• . . . ! • •• • . . • • . • . _ . . All signs and signals required under this title for a particular purpose shall so far as practicable be uniform as to type and location throughout the city. All traffic-control devices so erected and not consistent with the provisions of state law or this title shall be official traffic-control devices. (Ord. 368, §2.20, 1969; Ord. 610, 1988) ,-•30 CITY OF SEWARD, ALASKA ORDINANCE 2015-003 .! .! -!. ! • • • . . • . . • . . . . • ••. . . . _ , {Ord. 368, §2.21, 1969; Ord. 610, 1988) {Ord. 368, §2.22, 1969; Ord. 610, 1988) 1 ! 1 . • . • . • , , , • Sr : without-notice; {Ord. 368, §2.23, 1969) ,! .! , • • • • . , . • . . . • • • . • . . . • . . • . • . . . . - . - • • • . . .. . • , • • . • •, .. . • {Ord. 368, §2.24, 1969) 11.05.040. Play street CITY OF SEWARD, ALASKA ORDINANCE 2015-003 the-same. - - - . . . •• • . . (Ord. 368, §2.25, 1969) 11.05.045. Crosswalks and safety zones. The public works department director, under the direction of the city manager and chief of police, is hereby authorized: (1) To designate and maintain, by appropriate devices, marks or lines upon the surface of the roadway, crosswalks at intersections where in-his-opinion-there there may be danger to pedestrians crossing the roadway, and at such • • • , , • . .. • • • • .. ; and (2) To establish safety zones of such kind and character and at such places as he--may deem-necessary for the protection of pedestrians. (Ord. 368, §2.26, 1969; Ord. 2002-02) 11.05.050. Traffic lanes. (a) The public works department director, under the direction of the city manager and chief of police, is hereby authorized to mark traffic lanes upon the roadway highway-where a regular alignment of traffic is necessary. • (Ord. 368, §2.27, 1969; Ord. 2002-02) 11.05.055. Streets closed to traffic. (a) The chief of police, fire chief, public works director Band the city manager shall-be-is each authorized to close streets to traffic. (b) Whenever any street is closed to the use of traffic and the same is so indicated by authorized signs or barriers, no vehicle shall proceed into such street or any portion thereof except as directed by such signs. Whenever a street is closed, notice shall immediately be given to the fire chief. CITY OF SEWARD, ALASKA ORDINANCE 2015-003 (a) of this section• (Ord. 368, §2.28, 1969; Ord. 2002-02) Chapter 11.10. Operation of Vehicles•• !.! .• . . >>.10>n 01 c• Speed ulation� 11 •V • • !•! -!. , 11.10.025. Authority to change speed limits. . !.!• !. • • . . . • . .•• . • !•!• • , • .. • • • . • . • . . • • • • • , • ••• • • • • • _ • . . • • • • • • • . • . • ▪ 1 1 . !. _• . • . _ • • . • !.! • • . • . . . • !• .! ! • • • • • • • • I I ! I • • •. !.! I !. ! • • • •• • .• • !.! I _ • . . • • . • ! ! ! . • • • • • . . . . .. • !• , ! ! • . . . . • . • . .• . . ' • . . . !. _!. „ . . •. . . . . •. • I ' •_ • . • _ >> > 1 Coasting p ohibitea 11.1 V.1J 5Vn• , 1> >n 15c -rowing ,.r vehicles 11.1V•1JJ• , 11.10.160. Noise and ok >> >n 7n 11.1 V.1/V• 1 Reckless driving lfi 1--I C� CITY OF SEWARD, ALASKA ORDINANCE 2015-003 (Ord. 368, §2.29, 1969) >> >0 01 c Spccd ulations • • 11.1 • • • • • • U • " • • • • • • • (Ord. 368, §3.30, 1969; Ord. 516, 1983) • • a. In any alley; •• '.11 ! ! ••• . . . . • . . , • . • . . . . •• . • • . . . . •, • • • • . . • • • •• sehee . . � . • {Ord. 368, §3.31, 1969; Ord. 610, 1988; Ord. 2007 001, §1, 2007) 11.10.025. Authority to change speed limits. Whenever the chief of police determines upon the basis of an engineering and traffic investigation that a speed greater or less than 25 miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe on any street or highway otherwise subject to a prima-faeie-limit of 25 miles per hour under this chapter, the chief of police may determine and declare a prima facie speed limit of 15 to 55 miles per hour, whichever is found most appropriate to facilitate the orderly movement of traffic and is reasonable and safe, which declared die-speed limit shall be effective when appropriate mechanical, electrical or painted signs giving notice thereof are erected upon the street or highway. (Ord. 368, §3.32; 1969; Ord. 610, 1988; Ord. 2007-001, §2, 2007) IA 3 CITY OF SEWARD, ALASKA ORDINANCE 2015-003 (Ord. 368, §3.33, 1969j 1 •. . ! . • . . . . . • . . . • •. • . • . . . • . . roadway, - - . (Ord. 368, §4.34, 1969) . !.!• !. . • . • . . . . . . . .• ! ! . . . . . . •• • • . • • . .• • herein, - as-fellewsi CITY OF SEWARD, ALASKA ORDINANCE 2015-003 vehicle; vehiele beyond the side ..F the vehicle , 1 1 • • . . 1 1 1 . .. . . • • . . ; . . • , , . _ • , - , • . sigw 1 1 CITY OF SEWARD, ALASKA ORDINANCE 2015-003 1 1 . . . • • . . • • . . • • •• • • • ! ! . . • • • • •• • . . alarm {Ord. 368, § 7.49, 1969) .1V•1 n 07n• Crossing ire ti 11 .•• . • • • • • • . • • • . • . . . • . . • • • • . • . . • • • • •• • • • • • • . {Ord. 368,§ 7.50, 1969) . !.! . ! • . . . . . • • , • • • • • . • • • • • • • • • • . . . • . • • . • . • (Ord. 368, § 7.51, 1969; Ord. 610, 1988) (Ord. 368, § 7.52, 1969) !.! : . . • • • . . . (Ord. 368, § 7.53, 1969) • !. !• ! . . . . . . (Ord. 368, § 7.55, 1969) CITY OF SEWARD, ALASKA ORDINANCE 2015-003 , , 1 1 1 • . . • • .. . (Ord. 368, § 7.57, 1969)- . I. !. ! • .• . . . • . . • . . . . . . • . . . . 7.61, 1 . . . . . . . .. . . . . . . . . • . . . . • a8� CITY OF SEWARD, ALASKA ORDINANCE 2015-003 , . • • • • • .. • .. - . . . . . ' • • • • • .• . •. • . . . . . • . . . . . • • . . . . I . ,. I i , . >> 10 12n Meeting o f vehicles 11♦1V.1 LV• . •• • • • • • • • • • • • • • • • • • • • • • • • • . • . . . . • • • • • • f-Orik-36874-7,64T4-969-) 1 nieving-vehielesT (Ord. 368, § 7.65, 1969) !. !. . _ . . . . • . . . . . . CITY OF SEWARD, ALASKA ORDINANCE 2015-003 officer. • different street highway right . • . . .. .. . . • • . ; . . :, • . • . . • • . . . . • . . . . otherwise posted. , , 1 , 1 (Ord. 368, § 7.69, 1969) 1• . •• (Ord. 368, § 7.70, 1969) gears o f such vex icle ; ,.+....L (Ord. 368, § 7.71, 1969) � � 1 CITY OF SEWARD, ALASKA ORDINANCE 2015-003 . . • . „ • . , , . • • . , . . • , • • , • , • • . . . . • ' • .• , . . • . . . .. _, . (Ord. 368, § 7.72, 1969) 11.10.160. Noise and smoke • • • • . . . . .' . • . . • • . . . . . . • ' . • 0411"687+77717449694 •• . • . • . • • . • the' • seetieth -(Ord. 368, § 7.77, 1969) ,�� CITY OF SEWARD, ALASKA ORDINANCE 2015-003 >> >0 17n Reckless driving • 11.1V.1 • • • i „ • . . . • . • • • . • • ,,, . . • . • . • • • •• • . • • • . {Ord. 368, § 7.78, 1969) 11.10.175. Negligent driving. • • . •' . . .., . • _ • • . • • , • • . . . . , . • (Ord. 368, § 7.79, 1969) Chapter 11.15. Stopping, Standing and Parking 11.15.010. Applicability of chapter. 11.15.015. Regulations not exclusive. 1 1 • 11.15.030. Angle parking- • • • • 11.15.040. Abandoned vehicles. 11.15.050. Parking not to obstruct traffic. 11.15.065. Parking adjacent to schools. 11.15.070. Parking on narrow streets or highways. 11.15.075. Standing or parking on one-way streets. 11.15.080. Stopping, standing or parking near hazardous or congested places. 11.15.085. Parking prohibited during certain hours. 11.15.087. Parking prohibited during snow and ice removal operations. 11.15.092. Parking time limited. II •• • 11.15.100. Camping. 11.15.105. Trucks in excess of one ton on certain streets. 2,1 r- CITY OF SEWARD, ALASKA ORDINANCE 2015-003 11.15.110. Public carrier stops and stands. 11.15.120. Buses and t., . ab 11.15.130. Paid parking. 11.15.135. Registered owner responsible for illegal parking. 11.15.140. Authority to impound vehicles; redemption or sale of impounded vehicles. 11.15.010. Applicability of chapter. The provisions of this chapter prohibiting the standing or parking of a vehicle shall apply at all times, or at those times herein specified or as indicated on official signs except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic-control device. (Ord. 368, §9.105, 1969; Ord. 610, 1988) 11.15.015. Regulations not exclusive. The provisions of this chapter imposing a time limit on parking shall not relieve any person from the duty to observe other more restrictive provisions prohibiting or limiting the stopping, standing or parking of vehicles in specified places or at specified times. (Ord. 368, §9.104, 1969; Ord. 610, 1988) • •• !. _ . - • . . key. - {Ord. 368,§ 7.73, 1969) 11.15.030. Angle parking. The chief of police shall determine upon what streets or highways angle parking shall be permitted and shall mark or sign such streets. Angle parking shall not be indicated or permitted at any place where passing traffic would thereby be caused or required to drive on the left side of the roadway or where angle parking would create a hazard to passing traffic. (Ord. 368, §8.89, 1969) a332_ CITY OF SEWARD, ALASKA ORDINANCE 2015-003 1 1 . . • • • • • • 11 . . • , , 11.15.040. Abandoned vehicles. "Abandoned vehicles," for the purposes of this title, shall mean all vehicles which have been parked in the same location upon any city street or thoroughfare for a time period in excess of 96 hours after an illegal 24 hour parking citation has been attached to the vehicle. (Ord. 368, 5C 8.81, 1969; Ord. 610, 1988) . .1 . _ . . . . • . .• _ . . . .. _ . . . . . . • • .•• . • . . • ; . • . • . . . . . . (5) On a croSswanr with sectio,, i 2n 045 - - feet of the e„trance • . . . curb of+h.. aaway. . . • • • • • • • 24- �J) CITY OF SEWARD, ALASKA ORDINANCE 2015-003 • ftliper-s-en7 (Ord. 368, §9.92, 1969; Ord. 610, 1988) 11.15.050. Parking not to obstruct traffic. (a) No person shall park any vehicle upon a street or highway, other than an alley, in such a manner or under such conditions as to leave available less than ten feet from the centerline of such roadway for the free movement of vehicular traffic. (b) It shall be unlawful for any person to park or cause to be parked any motor vehicle in such a position as would block the way of vehicular traffic in any public parking lot. (Ord. 368, §9.93, 1969; Ord. 585, 1987) 1 • 9.94, CITY OF SEWARD, ALASKA ORDINANCE 2015-003 1 • • . . . . apt-epet ator. {Ord. 368, §9.95, 1969) 11.15.065. Parking adjacent to schools. (a) The chief of police is hereby authorized to erect signs indicating no parking upon either or both sides of any street or highway adjacent to any school property when such parking would, in his opinion, interfere with traffic or create a hazardous situation. (b) When official signs are erected indicating no parking upon either side of a street adjacent to any school property as authorized herein, no person shall park a vehicle in any such designated place. (See § 10.10.020 for similar provision.) (Ord. 368, §9.96, 1969) 11.15.070. Parking on narrow streets or highways. (a) The chief of police is hereby authorized to erect signs indicating no parking upon any street or highway when the width of the roadway does not exceed 26 feet, or upon one side of a street or highway as indicated by such signs when the width of the roadway does not exceed 35 feet. (b) When official signs prohibiting parking are erected upon narrow streets or highways as authorized herein, no person shall park a vehicle upon any such street or highway in violation of any such sign. (Ord. 368, §9.97, 1969) 11.15.075. Standing or parking on one-way streets. The chief of police is hereby authorized to erect signs upon the left-hand side of any one- way street or highway to prohibit the standing or parking of vehicles, and when such signs are in place, no person shall stand or park a vehicle upon such left-hand side in violation of any such sign. (Ord. 368, §9.99, 1969) 11.15.080. Stopping, standing or parking near hazardous or congested places. (a) The chief of police is hereby authorized to determine and designate by proper signs, places in which the stopping, standing or parking of vehicles would create an especially hazardous condition or would cause unusual delay to traffic. (b) When official signs are erected at hazardous or congested places as authorized herein no person shall stop, stand, or park a vehicle in any such designated place. (Ord. 368, §9.99, 1969) 26 66 CITY OF SEWARD,ALASKA ORDINANCE 2015-003 11.15.085. Parking prohibited during certain hours. (a) The public works director is hereby authorized to determine and designate by proper signs, places in which stopping, standing or parking of vehicles during certain hours of the day would create a hazardous condition or would cause unusual delay to traffic. (b) When signs are placed on streets prohibiting parking of vehicles, no person shall park any vehicle in closed or restricted areas, and any vehicle found so parked shall be impounded. (c) When official signs prohibiting parking during certain hours of the day are erected as authorized, no person shall stop, stand or park a vehicle in any such designated place. (Ord. 368, §9.100, 1969; Ord. 96-32; Ord. 2002-02) 11.15.087. Parking prohibited during snow and ice removal operations. (a) In the downtown area, designated as those streets between Railway and Jefferson Streets and between Fourth and Fifth Avenues, and in the harbor area, designated as that portion of Fourth Avenue between North Harbor and South Harbor Streets, it shall be unlawful for any person to park on those streets during the hours indicated on temporary signs which will be placed on the streets by the public works department prior to any snow removal operations. Vehicles parked in violation of this section will be impounded. (b) In all other areas of the city, other than the "downtown" area, it shall be unlawful for any person to park, or cause a vehicle, camper,boat or other item to be parked, on the right-of-way for longer than 24 hours during those times when snow removal by the public works department is occurring. Vehicles parked in violation of this section shall be impounded. (c) Whenever any police officer finds, or is notified by the public works director or his designated representative, that a vehicle is in violation of this section, the officer is authorized to require the owner, driver or other person responsible for the vehicle to remove the vehicle to a position off the area requiring snow removal, or the officer may have the vehicle impounded. (Ord. 96-32; Ord. 2002-02) 11.15.092. Parking time limited. The council by resolution may establish time limits for parking in public parking lots and on designated public streets or parts thereof and may provide for exceptions to such limits. The city shall place signs on all public parking lots, streets and public ways designated for limited time parking under this section indicating the limitations and any exceptions thereto. Where a sign is placed indicating limited time parking as established by council resolution, no person may stop, stand or park a vehicle for a time exceeding the indicated parking time limit. (Ord. 96-11) .0 5„ CITY OF SEWARD, ALASKA ORDINANCE 2015-003 11 . . 3 • • • •• •• • • . . • • • . . • . • . . . . . . . . . . • . . . . . . . . . • I • •• 11.15.100. Camping.4 No camping shall be allowed within the city limits except in areas designated as public campgrounds by resolution of the city council. In no event shall camping by one party be allowed for more than 14 consecutive days in one designated campground. Fees for camping shall be set by resolution of the city council. (Ord. 462, 1978) 11.15.105. Trucks in excess of one ton on certain streets. (a) No vehicles in excess of one ton capacity shall be parked on Fourth Avenue between Railway Avenue and Adams Street. (b) Subsection (a) of this section shall not apply when a vehicle is in process of loading or unloading merchandise. (Ord. 368, § 9.103, 1969) 11.15.110. Public carrier stops and stands.5 The chief of police, upon approval of the city manager, is hereby authorized to establish bus stops, loading zones and other common carrier zones on such public streets or highways in such places and in such number as the manager shall determine to be of the greatest benefit and convenience to the public, and every such bus stop, loading zone or other common carrier zone shall be designated by appropriate signs. (Ord. 368, 5S 10.106, 1969; Ord. 612, 5C 7, 1989) 3 . . 4 See Chapter 7.15 as to camping on public property; see Chapter 8.15 as to trailers and camping g generally. 5 See Chapter 8.20 as to taxicabs and other vehicles for hire. CITY OF SEWARD, ALASKA ORDINANCE 2015-003 6 • •. . . . . •. • . . . . . . . . . . . . . . . . . . . . . . . . .• 11.15.120. Buses and taxicab. of-other-vehicular-traffic, • • 11.15.130. Paid parking. The city manager may establish parking meter zones and provide for the operation of paid parking lots and may set-collect fees for parking on city-owned property or city rights-of- way consistent with fees set by resolution of the city council. (Ord. No. 94-18) 11.15.135. Registered owner responsible for illegal parking. Every person in whose name a vehicle is registered (licensed) shall be responsible for any parking or angle parking of said vehicle and for all offenses other than moving violations of this title. It shall be no defense to such charge that the vehicle was illegally parked or angle parked or used by another unless it be shown that at such time the vehicle was being used without the consent of the registered (licensed) owner thereof. (Ord. 368, .14.167, 1969; Ord. 610, 1988) 2.7 �� CITY OF SEWARD, ALASKA ORDINANCE 2015-003 11.15.140. Authority to impound vehicles; redemption or sale of impounded vehicles. (a) Whenever any vehicle shall be located or is standing upon any street, alley right-of-way or designated municipal parking lot in violation of the provisions of this title or any rule or regulation adopted pursuant thereto, or whenever any vehicle shall be found to be mechanically unsafe to operate upon the street or alley, or whenever the driver of any vehicle shall be required or is taken into custody by an officer for an offense involving either driving while under the influence of intoxicating liquor, reckless driving negligent driving, or any felony, such vehicle may be removed from the city streets, alleys and designated municipal parking lots and may be impounded at a place to be designated by the city manager. The police shall, in the proper case and whenever any other provision of this code is violated, cause a complaint to be filed against the person committing such offense. When the owner or authorized representative of the owner of the vehicle claims the same, he shall be informed of the nature and circumstances causing the impoundment of such vehicle and to obtain release thereof shall pay all towing and other charges, which charges shall not exceed the following schedule: (1) A minimum towing charge of $10.00 will be charged for any vehicle impounded. (2) A storage fee of$2.00 per day or any fraction thereof shall be charged for any vehicle which remains impounded after the first 24 hours. If the operator or owner of the vehicle, upon hearing before the municipal magistrate, is found not guilty of the violation of which he is charged, the impounded vehicle shall be released immediately to the owner without collection of fees or other charges. If the owner or operator of such vehicle is found guilty by the magistrate, any fine imposed under the provisions of the appropriate section of this ordinance shall be in addition to the towing and storage charges herein prescribed. (b) No person shall allow, permit or suffer any vehicle registered in his name to stand or park upon or be operated upon any street in this city in violation of this title or any rule or regulation adopted or issued pursuant thereto. (c) After a vehicle has been impounded for more than three months in the city vehicle pound, the chief of police shall cause to be sent by registered mail a notice to both the legal and registered owner thereof, if different persons, if with the exercise of due diligence the owner's name can be ascertained. The notice shall accurately describe the vehicle, give the date the vehicle was impounded and inform the owner or owners that unless they reclaim the vehicle within ten days from the dispatch thereof, the vehicle shall be sold. Not less than 15 days after the dispatch of the letter, if such letter can be sent, and in any event even if such letter cannot be sent, the chief of police shall cause to be published once in a newspaper of general circulation in the city a description of the vehicle, the owner's name, if known, and state the fact that the vehicle and other similar vehicles, similarly described, will be sold at 2rPf 0\ CITY OF SEWARD, ALASKA ORDINANCE 2015-003 public auction to the highest responsible bidder at a public sale under the direction of the city manager at a specified time and place not less than ten days after the publication of the notice of sale. The chief of police shall keep a permanent accurate record of all cars impounded, containing the date of impounding, description of vehicle, cause of which impounded, date of redemption if redeemed and amount paid upon redemption, date of letter to owner, if known, notice of sale, record of sale and price paid at sale and name of purchaser. (d) The procedure set forth in subsection (c) of this section shall be followed in the disposition of abandoned vehicles, except that the period during which the abandoned vehicles must be impounded prior to the commencement of such procedures is 30 days. (Ord. 368, s 14.169, 1969; Ord. 442, 1977; Ord. 548, .$2, 1985; Ord. 610, 1988) Chapter 11.20. Special Stops 11.20.010. Designation of arterial streets and hazardous intersections; erection of stop signs. 1 1 • . . - 1▪ .1 1 1▪ .1 • • 1• .1 •• . 11.20.040. Yield right-of-way signs. ▪ I, . . . •. . . . . • . •. . .. . . . . . . . • . .• . . . . •• 11.20.010. Designation of arterial streets and hazardous intersections; erection of stop signs. LAI The chief of police may designate and describe arterial streets or highways and when so designated it shall be the duty of the public works department to place and maintain a stop sign on each and every street or highway intersecting the portion of such arterial street or highway described and designated as such unless traffic at any such intersection is controlled at all times by traffic-control signals; provided, that at the intersection of two such arterial streets or highways or at the intersection of an arterial street and a heavy traffic streets, not so designated, stop signs shall be erected at the approaches of either of such streets as may be determined by the chief of police on the basis of an engineering and traffic study. (Ord. 368, §6.41, 1969) 1 1 . . . j The chief of police is authorized to determine and designate intersections where a particular hazard exists upon other than arterial streets or highways and to determine whether vehicles shall stop at one or more entrances to any such intersection, and shall erect a stop sign at every such place where a stop is required. (c) Stop signs shall conform as far as practical to the current edition of the Alaska Traffic Manual. co CITY OF SEWARD, ALASKA ORDINANCE 2015-003 (Ord. 368, §6.41 and '6.42, 1969) .-!.! -!• . . • • • . • . . • • • . • . • . • . • • . • . • • - • • • I . I / I I . . . • . . . . . . • . . . • . . . . . . • . . . . • . . . . . . . • ', . . • . . • ., • . . • • • • • traffic c ntrol s .,1 _ Ll Hlllt. , I I• • I I: ! 1 •• • • , • , •-!•! • . • • • • • . • •• • • • • • • • • • ; • • • • • . •• • • • • • • • • • • • • • • • • • , 11.20.040. Yield right-of-way signs. {a) The chief of police is authorized to determine and designate intersections where particular hazard exists upon other than arterial streets or highways and to determine whether vehicles shall yield right-of-way at one or more entrances to any such intersection, and shall erect yield right-of-way signs at every such approach to an intersection so determined. Yield signs shall conform as far as practicable to the current Alaska Traffic ManuaL • . • • • . • . • . . . . . . •. . . . . • . • • . . • to CITY OF SEWARD, ALASKA ORDINANCE 2015-003 (Ord. 368, §6.47, 1969) .-!•!• . ! . . . . . . • • . . . . . •.. • • train; - Chapter 11.25. Sizes, Weights and Loads 11.25.015. Height o f'vehicles Z 1 25 02n t ength of vehicles 1 1 1 • 11.25.035. Permits for oversize or overweight vehicles; pilot cars. 11.25.040. Permit application; bond. 11.25.045. Permit fees. �2 CITY OF SEWARD, ALASKA ORDINANCE 2015-003 1 1 . . . - .! . . • • . . . . . . . , . . 1 •• 1 1 I •. . • • 11.25.075. Transportation of explosives within city. • , • • . . , . .• . _ • , • . , , . . . . • • . . . . . .• 'Ord ?6Q� ' 7.I� 7 nn f 79691 T (Ord. 368, §11.110, 1969) 11.25.020. r ength of vehicles than-three-units - (Ord. 368, §11.111, 1969) 11,2c,025. 7 ength of loads. foremost p ,.t of such vehicles . . .- .! -I . . . • ' • . . . . . . . . . . • . . . . . • :, . . . . • . . . • . . • . . . (Ord. 368, §11.112, 1969; Ord. 610, 1988) CITY OF SEWARD, ALASKA ORDINANCE 2015-003 ,t. . . .. . . • .. • • • • • . . • III • • •. . . • • • • • . . • . . . . . . . . . • . . . . . • . . . . . , . . • _ • • . • . . . . . III ".• • . . . . . 9. . • . . . . . . . • III . . . . • • i I . . • . . . . . •• • • III • .. • ! Ii . . . . • ! Ii • • I i I . . • . . . • • ! I i . . • • • . . • ! ! ! .. • • I I I I - - . .,. . . . . . . . . • CITY OF SEWARD, ALASKA ORDINANCE 2015-003 • • • • • , • , , , • . . . . , •, . . • • • . • , . . . • • . • , • • • . . I ! 1 . . • . . . ! • , . . • • . _ . •• .; •• : • - ; : • ; . • : • • • • : : •. • . . • • • . _ P • . . • . • . :, . . • . • . . , , . . • . . . . . • • , • • • (Ord. 368, §11.113, 1969; Ord. 610, 1988) 11.25.035. Permits for oversize or overweight vehicles; pilot cars. (a) The city manager or designee may, upon application, as provided in section 11.25.040, issue a special permit in writing authorizing the applicant to operate or move a vehicle or combination of vehicles of a size, weight or load exceeding the maximum size or gross weight specified in this chapter on any public street or highway in this city, subject to the following terms and conditions: (1) Such vehicles may not be operated on any arterial street between 7:00 a.m. and 9:00 a.m., and between 3:00 p.m. and 6:00 p.m., or in the central business traffic district between 6:00 a.m. and 11:00 p.m. No permits shall be issued for vehicle movement on any Saturday, Sunday or holiday. (2) Such vehicles may be operated only on streets or highways where the pavement is capable of carrying the weight and equipment without injury to such pavement, and along such routes as will least interfere with or endanger other users of the streets. (3) Such vehicles otherwise conform to all State of Alaska requirements. . ! ! . . . • . . .. • . . • . ' • . . . . . . . • • . . • _ . . . . . . . . 3.6- te CITY OF SEWARD, ALASKA ORDINANCE 2015-003 load. - - - in width. (Ord. 368, § 11.114, 1969; Ord. 610, 1988) 11.25.040. Permit application; bond. (a) The permits referred to in § 11.25.035 may be obtained from the city manager upon written application therefor, setting forth a description of the object to be transported or the vehicle or vehicles to be driven, the route desired to be traversed, the hours within which it is desired to perform the work, the means of locomotion to be used and such other information as may be required. The applicant may be required, as a condition to the issuance of the permit, to execute and deliver to this city a good and sufficient surety or cash bond in the sum of not less than $1,000.00 conditioned to save the city harmless from all injuries which may be occasioned by reason of the granting of such permit, or the use of any public street or highway thereunder, or of any act or omission; provided, that the issuance of such permit shall not be construed as a waiver of the right of the city to recover for any injury to the street or highway or other property of the city resulting from transportation pursuant thereto. (b) The applicant will be charged for all costs incurred by the moving of power lines, telephone lines, traffic signals and other obstructions within the right-of-way. A cash deposit may be required to assure payment for these services. (c) The chief of police is hereby authorized to modify the terms and conditions set forth in the foregoing section, and to specify in such permits the routes to be traversed, the hours of operation and such other limitations necessary or desirable for the public convenience and safety. (Ord. 368, § 11.115, 1969; Ord. 610, 1988) 11.25.045. Permit fees. . . . • • . ,' • • _n those cases where escort vehicles must be provided by this—the city or additional inspections are required, and then in that event, the city manager is authorized to set a fee which in—his dis etionTshall be sufficient to reimburse-this-pay the city for its expenses. (Ord. 368, § 11.116, 1969; Ord. 610, 1988) CITY OF SEWARD, ALASKA ORDINANCE 2015-003 • . . .- .I ! . . . . • • . . • . • . . . . . - • • . {Ord. 368, §11.117, 1969; Ord. 610, 1988; Ord. 2002 02) • • . . . . • . • . . • , • . , . . . • . . . .. • . . . . . . , • . tine-claims manager, {Ord. 368, §11.118, 1969) 1 • . . {Ord. 368, §11.119, 1969) {Ord. 368, §11.120, 1969) • {Ord. 368, §11.121, 1969) 11.25.075. Transportation of explosives within city. No person shall move explosives through the city unless a permit from the city manager has been secured. In case explosives are moved through the city, the person moving the same shall have a vehicle on which explosives are being transported, clearly marked "EXPLOSIVES" Cross references - See § 7.10.234 as to explosives in the small boat harbor; see § 9.15.310, et seq., for related provisions. I CITY OF SEWARD, ALASKA ORDINANCE 2015-003 and he—shall notify the chief of police and the fire chief when such explosives are to be transported. The chief of police and the fire chief shall assist in moving of any explosives by clearing a route which shall have been designated by the chief of police. The mover of any explosives through the city shall make arrangements for such transportation not less than 48 hours in advance and shall pay a fee sufficient to cover the city's expenses. (Ord. 368, §11.122, 1969) Chapter 11.30. Equipment 11.30.010. Applicability of chapter. 1 . . . . • ! ! .• . . .• 1 •• • • • • •• . . • 1 . 1 - ..• - .. • I. . . I • • • • 11.30.080. Brake ii • • •• 11.30.090. M.,fflers 11.30.095. rases and f,me. 11.30.100. Mirrors 11.30.105. Windshield& I . . . . .. . . •• • 11.30.010. Applicability of chapter. • • • • • • . • . . •. •• . . _otor vehicles operated upon the streets and highways within this city shall comply with federal and state regulations governing motor vehicle equipment and inspection. : . . . • . • • • , • • • • • • . . • . ' . :, . . . . . . . . . . . . . , , • , • • . . . . . • . . . (Ord. 368, § 12.147, 1969; Ord. 610, 1988) (og CITY OF SEWARD, ALASKA ORDINANCE 2015-003 . . . •• • , . • :, . . . . . . . . • ;, •. . . . • . . . • . (Ord. 368, §12.123, 1969) • • ! ! . . . . • . • . • . I.! !. . . . •• . • . . . . •• • . • I (Ord. 368, §12.125, 1969; Ord. 610, 1988) 00- WI CITY OF SEWARD, ALASKA ORDINANCE 2015-003 !.! . . . (Ord. 368, §12.126, 1969; Ord. 610, 1988)• •• . . • • •• • . . . !.! _ ••• • • . !.!• S . . • • , . •• • .. • , . . • • . . • • . !.! - , • . . . • • ' • . l. • / 5:: 4-1,30A-50,Fog lamps. Est 4T io CITY OF SEWARD, ALASKA ORDINANCE 2015-003 (Ord. 368, §12.129, 1969) 1 1• 0 055 Spotlights T (Ord. 368, §12.130, 1969) (Ord. 368, §12.131, 1969) • • . . . • •, , . • . . • . • • • • . • _ . • • • • • . ; • . • , • • . . • • • • • • , •• . . • • (Ord. 368, §12.132, 1969) , �•� �• „ • • 42 I CITY OF SEWARD, ALASKA ORDINANCE 2015-003 III • r, • mat esmes a distance „f75 feet aheaa • ,.tio • " Ii . . • • (Ord. 368, §12.133, 1969) . . • : . . •. . . . :, . • • . . . • . . • . . . . , . • • . . . •. • I 1 CITY OF SEWARD, ALASKA ORDINANCE 2015-003 (Ord. 368, §12.134, 1969) , 11.30.080. Brakes Stopping-distanee 4-0 9.3 feet 45 20A-feet 20 3-7A-feet 25 58.0--feet 30 83,3-feet 35 44-3A-feet 113✓.0 eet 40 448A-feet ,� .0=feet 45 188.0 feet (Ord. 368, §12.135, 1969) . . I I . . . . • . . • . . . _11 . . , ether-wise-be-used; rl CITY OF SEWARD, ALASKA ORDINANCE 2015-003 (Ord. 368, §12.136, 1969) 11.30.090. Mu ffers. •• S . . • • • •• • . • . . . • . . • • _• . . • . . . . • . • ', . ' • • • , (Ord. 368,§12.137, 1969) 11.30.095. Cases a.,a rume. •• y • {Ord. 368,§12.138, 1969) 11.30.100. Mirror . . . . . . . • . . . . . . . • . . . . . . . . . . . . . . • • , • y • . • (Ord. 368, §12.139, 1969) 11.30.105. W ndshield& • . . • • - . . ., . • , • , . . • . ., . . . . . • . • . . • . . . . . •. . . . . . . . . (Ord. 368, §12.140, 1969j 45 rl CITY OF SEWARD,ALASKA ORDINANCE 2015-003 • !• .• _ . • . . .•• . , . . . , .. . . , . . • • . . .• . . • S . . , b. - - - • • . . .• . . • . . .• , . , . . . . , . . (Ord. 368, §12.141, 1969; Ord. 610, 1988) • • , 9 • . . , • . . , • • . . . . . , .• . . • . , . . • . . (Ord. 368, §12.142, 1969) • !• -!• I . . . . ,• . . • . . • . .. . . . . (Ord. 368, §12.143, 1969) - . . . . . ehapter (Ord. 368, §12.144, 1969; Ord. 610, 1988) 44 CITY OF SEWARD, ALASKA ORDINANCE 2015-003 • • . Y •• . . . . . . . . . . . . . • . . . . . . • . . • . . . {Ord. 368, §12.145, 1969) •. . . . . . . . . . • . . . . . . . . . . . . . • • • • . •. . •• • . . • • . . requirements-ef-this-title7 • (Ord. 368, §12.146, 1969; Ord. 610, 1988) • 1 1 • .•1 • . Al rt. co CITY OF SEWARD, ALASKA ORDINANCE 2015-003 I I . • • .•I . • . . • I• . • • 1 1 • . (Ord. 368, § 7.80, 1969) (Ord. 368, § 7.81, 1969)- II . . . . . • . . . . • • • i 0 I: . . • 1 . I. • i 1 i I . • • • • • • closed CITY OF SEWARD, ALASKA ORDINANCE 2015-003 (Ord. 368, § 7.84, 1969) di-reetien. (Ord. 368,§ 7.85, 1969) . .!, !. . . . . . •• • • ehiele: 368, § 7.87, 1969; Ord. 610, 1988) Chapter >> 40 ,,;dents • ••I • • ••• - . . • • • !• .! !. ! . • . . . • _ . . I.! . . . . •• !.! • !. . . . . . i ! • • . .• !.! I. , • • . . . . • . . . . . . . • • . . • . . CITY OF SEWARD, ALASKA ORDINANCE 2015-003 (Ord. 368, §1.9, 1969) I.! -!. ! . • . _• • •• . . . . . • . .•• , •• ., • . . • . . . • . . . • •' . . • • • • • • .•• _, . . . . • , . . . . • . . . . • . . ' . • . • . . . . • . • • . . , . • • . • • (Ord. 368,§1.11, 1969) • ! ! - . . • • (Ord. 368, §1.12, 1969) •• !.! !. ! - • . . • •• • . , . • . . . . . •• , , •• • • • • ••• _, . . . . . . . .•• . . ' . • . . . ' . . . •. , . . . . • • . . . , . • . . • .. • . . !.! . (Ord. 368, §1.13, 1969; Ord. 610, 1988) •• .•. • - • . • . . . . • . • . • . . . • . • . . . . • . . . . . . . . • . . •• . . • . . . . . . • • • , , _ .! • � �d CITY OF SEWARD, ALASKA ORDINANCE 2015-003 . • , . . • •- . • , . . • . • , . . •• . . . ' • . (Ord. 368,§1.14, 1969) I.!• 1 • . • • . . . . . . . . • • . . , • . • • . . , . . . . . .•• ' . •• . . . • . . . . . . . • • • • . . . . . . . • . • • . . 1.! ! . . . . . : ; : • • • . . . . • • . _ •, . • . . • . . • ;' - • • , • • • . I I I • . • . • • . • • • . . . . . . the-driver, {Ord. 368, §1.15, 1969; Ord. 610, 1988) . . . . . . . . . . . • . . . . • . . . . . . . . . . • . (Ord. 368, §1.17, 1969) Chapter 11.45. Bicycles8 11.45.020. Riding o.. bicycles 8 See § 7.10.534 as to operation of bicycles in the small boat harbor. .51 SD CITY OF SEWARD, ALASKA ORDINANCE 2015-003 >> 45 03n Riding o .,dway i1.ZJ.V✓V• 1 .1. : . • • • • •• • • • • . . • . 1 ! . . • • • .•• •! !• • • • • • • • • . • • . . • • • . . . • • • . • • • • • • • . • , . • . . . • • • • . . • , • . • • , 04/4"6879+13449T19494 • (Ord. 368, §13.150, 1969; Ord. 610, 1988) 1 4- 029 Riding on bicyc es 11•T✓•ViiV• •• • • • • • • • • - . • . • • . • • •, . • . • • . • • • • . • • . (Ord. 368, §13.151, 1969) • • . • , • . . . section 1 r 0 101.0 ). (Ord. 368, §13.152, 1969) 11.45.030. Riding „ adwa y Bicycles. •(a) . • + • • . • • . . • • • . • . • • • • ••• • • • • • • • • • • • .• . . . .. . . . . . .. W h e r e v e r a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such path and shall not use the roadway. (b) Persons riding bicycles • . . • . • . • . . • • • • • . • - . • . • • • • • . • • • • • • • . • . •• • • . in the business district shall use the roadway and shall not ride a bicycle on the sidewalk. A person moving or transporting a bicycle upon the sidewalk of the business district shall be dismounted and shall walk alongside of the bicycle. CITY OF SEWARD,ALASKA ORDINANCE 2015-003 (c) Extreme caution shall be used while riding or moving a bicycle in the business district as to not endanger persons or property and to not obstruct the sidewalk to pedestrian traffic.•(d) ' • • . . . . •. • • . . • • • • • • • • • • • . • . Motorcycles, rollerblades, unicycles, bicycles, skateboards and four-wheelers are prohibited on all docks in the small boat harbor, except by authorized city employees. (Ord. 368, § 13.153, 1969) (Ord. 368, §13.154, 1969) ••.. • _ - . . • • 1 1 . . . • • •• . • • • (Ord. 368, §13.155, 1969) (Ord. 368, §13.156, 1969) D2, CITY OF SEWARD, ALASKA ORDINANCE 2015-003 11.50.010. Penalties • ••! • •• . • . . . . • • . • . . • 1 I ! .. ! ! I. • • • . !.! . . • • . . . . . • . . • • . . . I I !•! . !• • • . . . • . . . • . • . . ;.• . . . • . . . . . . . . . . . . • . . • 1.50.0,100. Penalties. more than $30n nn•• . . . .. !; • - - • .• . • • . . . I. ;• • ••• ! ! !. s ••• .. • . . . ! ! I; .. • !.! ; •• . • . • . ! ! !. previded-by-4S-28A-5A-9& • • • ' . . • . • . , • • . . • . • . . . . -54- 3 CITY OF SEWARD,ALASKA ORDINANCE 2015-003 shall-appb: •• . • . • • . . • . • . . . . . • ., . . . , . .•• . _ _ _, . . . •, • • • • . • • •• :, • • • • 1 1 • . . • • • • _ • . . . • • • .... .. . . . . • :, . • • 1• I • •• • , . _ : • • • • . . . • . . • • • • • • • . . • • • . . • • , .. • :'• . . • .•., . . . • • • . • . :"9 • . • . • • . . %�riccciva: • • •• • • • • • • • . . 1 1 1 1 1 .. .. . • • • • .. • • •11 •• • . . • . . . . dJ '� CITY OF SEWARD,ALASKA ORDINANCE 2015-003 (Ord. 368, § 14.157, 1969; Ord. 607, 1988; Ord. 610, 1988; Ord. 612, §8, 1989; Ord. 647§1, 19-94) . 1.1 . . •• . . . • • . . . . • •• . . . . . • (Ord,-3-68,71-14•458T4-969). - I I i • • . . • • . • . • . . . . . . . . . . • , • , . . .. ., . . . • , • . . . • . ' • . . • . . •• . • ;, _ . • • . . . (Ord.-3-68T 5, '1969i . . • • , • • , . . . • • . . " • " , CITY OF SEWARD, ALASKA ORDINANCE 2015-003 1 ! 1 \ • • • of thi city. _ • • . . . •. a, • . . .•• . . , . . • . . {Ord 368, §14.161, 1969; Ord. 610, 1988) !,! . • • : . . . . . . . • • . . 1 . 1. i i 1 : !.!• !. . . . . . • . • . !.! . - . • . • . . . . .. {Ord 268 a 4 76./ 79691 — CITY OF SEWARD, ALASKA ORDINANCE 2015-003 I I I • . . • . . . . . •. . • . : . . •• . . . , . . , • • , • • • S . , . ! I ': •. . . • . . . •• . . , • !.I ! . . . •11.50.055 has bee„ f„no a I . , i . i I • !,! , . • . i S . , i � . CITY OF SEWARD, ALASKA ORDINANCE 2015-003 . . . • . . . . • . . . . . . . . • . . . . . • . . . • schedule: • 11 . . , •, _,I I . • . . . . • . . • • . . . • • .• . . • . , •• ., . • , I • •• •, • .• . , . • . • • . . .� . . of-purchaser, 5-9' 6'111F, CITY OF SEWARD,ALASKA ORDINANCE 2015-003 (Ord. 368, §14.169, 1969; Ord. 442, 1977;,Ord. 548, §2, 1985; Ord. 610, 1988) Section 2. This ordinance shall take effect 10 days following its enactment. ENACTED by the City Council of the City of Seward, Alaska, this 24th day of August, 2015. THE CITY OF SEWARD, ALASKA Jean Bardarson, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) fie- SC1 Agenda Statement ' 0c s11• Meeting Date: August 10, 2015 b s�a �p To: Seward City Council qt Sip From: William A. Earnhart, City Attorney Agenda Item: Title 11 Revisions BACKGROUND & JUSTIFICATION: This ordinance is to enforce Seward traffic and parking citation without hiring a City prosecutor and to streamline the Seward traffic ordinance,adopting the State of Alaska traffic regulations and ensuring consistency with other jurisdictions. In 2013, the State Minor Offense rules(now Minor Offense Rule 22)were amended to make a number of changes regarding citations and the process to contest those citations. In these rules,Minor Offense Rule 3(b) was changed to allow the courts only to enforce citations issued pursuant to the system's Uniform Table of Minor Offenses. Municipal offenses that are in a fine schedule can be enforced by the state courts with an additional surcharge paid to the State and the penalties going to the City. Those offenses can be disposed of without a court appearance by paying the fme. These minor offenses are distinguished from misdemeanors which require court appearance and, in the case of local ordinances, a city prosecutor. AS 28.05.151(a), by current definition,requires municipalities with traffic ordinances to also have a fme schedule. A second issue that has arisen is that many Alaska municipalities,including most of the home rule municipalities and Seward, had extensive traffic ordinances with violations which typically duplicated the extensive State traffic regulations. These local ordinances have been largely ignored in favor of enforcing the State regulations. Many municipalities have adopted the State Traffic Code and repealed all or most of their local traffic code. The code duplication provides confusion for officers, the court, and the accused as to charge specificity. Ordinance 2015-003 eliminates the Seward laws which duplicate State traffic regulations to allow for even enforcement. The Alaska Court System has suggested, and many municipalities have followed, simply adopting the State regulations and bail schedule by reference, which is accomplished in Ordinance 2015-O03. AS 22.15.270 allows for fines collected for violation of the Seward traffic ordinances to be transferred to Seward. AS 28.01.010(a)allows Seward to adopt the State Traffic Regulations and incorporate them into Seward's code without specifically identifying the provision or regulation as a state statute or regulation. INTENT: To allow for the state courts to continue to enforce Seward's traffic regulations and to adopt the State traffic regulations. CONSISTENCY CHECKLIST: Where applicable,this ordinance is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures or Other Plans or Policies: Yes(List Below) No 610 FISCAL NOTE: This ordinance is not expected to have any substantial financial impact in the immediate future due to current practice, but will allow the City to continue to receive monies collected from fines for City traffic violations into the future. Approved by Finance Department: ATTORNEY REVIEW: Yes X No RECOMMENDATION: Approval of Ordinance 2015- 003 Title 11 Revisions. Sponsored by: Hunt CITY OF SEWARD,ALASKA RESOLUTION 2015-067 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,AUTHORIZING THE FIRE DEPARTMENT TO CONDUCT LIVE FIRE EVOLUTIONS DURING THE 2015 ALASKA FIRE CONFERENCE ON A STRUCTURE LOCATED AT 2109 DIMOND BOULEVARD WHEREAS,the majority of structures located on site at the formerly known as Air Force Recreation Camp have been removed or demolished in preparation of returning the leased property back to the City of Seward; and WHEREAS,the structure formerly known as the"Fish House"has been offered for use in the training of firefighters; and WHEREAS, the Fire Department is in need of a structure to conduct live fire evolutions during the 2015 Alaska Fire Conference which will be held in Seward from September 28th through October 31a, 2015; and WHEREAS, allowing the Fire Department to burn the existing structure will provide an opportunity for fire personnel from across the State to participate in live fire evolutions, thereby increasing their knowledge, skills and abilities, which will then be shared within their respective communities around the State; and WHEREAS, the Fire Department is required to obtain prior approval from the Alaska Department of Environmental Conservation (ADEC) and conduct approved burns and public notification under the guidance of 18 AAC 50.065(h), (j); and NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The Fire Department is required to post public notices in designated locations advising of the live fire evolutions and the intended location of the burn. The public shall have an opportunity to address Council with concerns regarding this burn. All of which are consistent with the guidance of 18 AAC 50.065(h), (j). Section 2. The proposed date for conducting the burn is September 29, 2015 between the hours of 0800 and 1700,pending ADEC approval. Section 3. When other sections have been met,the Fire Department has approval to conduct live fire evolutions as outlined above. Section 4. This resolution shall take affect immediately upon its adoption. 92-- Agenda Statement e of seg.. �'�s► `� Meeting Date: August 10, 2015 C° ki_ _ o To: City Council ! sII`' gAKP Through: City Manager Jim Hunt / From: Edward Athey, Fire Chief Agenda Item: Approval to conduct live fire training evolutions BACKGROUND & JUSTIFICATION: In September 2010,the Seward Fire Department in collaboration with the Alaska State Firefighters— Phoenix Chapter, hosted the 48th annual Alaska Fire Conference. During this week of training a donated structure was successfully used to conduct live fire training evolutions for around 75 firefighters from around the State of Alaska. This was a very successful offering and in no small part contributed to the overall success of the conference and the continued safety of firefighting personnel in the State of Alaska. This year the Seward area has once again been selected as the host for the Alaska Fire Conference and once again we have an opportunity to conduct live fire training evolutions. The proposed structure is located at 2109 Diamond Boulevard,the site formerly in use as the Air Force Recreation Camp. In accordance with 18 AAC 50.065(h), an application has been submitted to the Alaska Department of Environmental Conservation (ADEC) and is being reviewed. This type of training is crucial to our profession.Firefighters can participate and learn in a controlled setting, under the guidance of qualified instructors, gaining indispensable experience. This experience becomes much more valuable when they return to their respective communities and share with fellow emergency responders. Furthermore this training facilitates promoting the mission of the State of Alaska Fire Marshal's office "....to prevent the loss of life and property from fire and explosion". Live fire training might be viewed as a necessary evil. On one hand our goal is to prevent fires and minimize the potential for production of smoke and toxic fumes. For this reason we will make every effort to minimize environmental impact. However,the other hand has shown us how imperative it is that our firefighters be exposed to live fire in a controlled setting prior to experiencing it for the first time in the field and uncontrolled. Ultimately our hope is for the day that fires become so uncommon the need to train on combatting them is significantly reduced or eliminated. Until then we will continue our efforts towards obtaining and maintaining a fire safe Alaska. INTENT: The intent of this agenda statement is to provide Council and the general public notice of this planned live fire training along with location and date of the burn. Persons who have objections to this activity should provide written notice to the City Clerk's office and to the ADEC Air Quality Division. 0-� CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): X 2. Strategic Plan (document source here):9.15.255 Adequate Equipment X 3. Other(list): 4. FISCAL NOTE: This project requires no local funding. Approved by Finance Department: attaeZDt ATTORNEY REVIEW: Yes No N/ RECOMMENDATION: �o^ Council approves Resolution 2015- 0 authorizing the Fire Department to conduct live fire training evolutions on September 29th,2015 for the purpose of training firefighting personnel from across the State of Alaska. Council approval shall be contingent upon receiving consent from ADEC and the responses received during the public notice period. ? Of sets. 4�ASKP • Zip se, 1110 Fire Dept. To: Jim Baumgartner, ADEC Thru: Jim Hunt, City Manager From: Eddie Athey, Fire Chief Date: 16 July 2015 Re: Proposal for live fire training in an acquired structure This memo is intended to supplement our application for an open bum of a structure located at 2109 Dimond Boulevard. The Phoenix Chapter of the Alaska State Firefighters Association is hosting the 53rd annual Alaska Fire Conference from September 28th through October 3rd. We are anticipating that 225-250 fire personnel from across Alaska will be in attendance to participate in a variety of training activities, meetings and fun events. This structure is slated to be demolished and has been offered to provide hands-on training to firefighters from around the State. The structure is currently vacant and located on City of Seward leased property. Removal of the structure is essential in order for the lease to be terminated. Preliminary examination of the structure identified FRP still in place on the walls; this will be removed prior to burning. No materials listed on page 1 of the open- burning approval application (putrescible garbage, electric batteries....etc.) are present. An environmental base line survey conducted in 2014 specifies there are no asbestos containing materials or lead paint present in the structure. The proposed burning of this structure shall be in accordance with NFPA 1403, 2012 edition; the standard that governs these types of evolutions. To the greatest extent possible, all materials with potential to generate black smoke will be removed prior to ignition. •Page 1 G1 Our plan for this structure is to have multiple bum events over an eight hour period on September 29th, 2015. Due to it's proximity to the schools we will conduct several methods of public notification consistent with the guidance of 18 MC 50.065(j). We have outlined our intent to bum in the form of a resolution which will be heard by our City Council on August 10th as a public hearing item. Approval from our governing body sets in motion additional notification plans to include posting our intent to bum in numerous public locations to include city hall, the library, the harbormasters office, the post office, the hotels, restaurants and housing units in the potentially affected areas. All three school principals will be contacted and their approval sought. We will place door hangers with contact information regarding the proposed bum on all occupied structures within one block in each direction at least one month prior to the proposed bum. On the day of the bum we will respond to complaints of smoke intrusion in accordance with Seward City Code 9.15.145, which is consistent with guidance outlined in 18 AAC 50.065(k). Three individual complaints of smoke intrusion that cannot be alleviated through other means will result in the bum being cancelled. As shown in the included map it becomes almost impossible to conduct live fire training in Seward without the potential of impacting someone within a 1 mile radius. It is for that reason we are providing due diligence notification to the members of our community regarding this bum. This unique training opportunity will provide Alaska's firefighters with "real world" experience in combating the dangers of fire and the lessons learned here may save a life! I feel it significant to mention that in September of 2010 we hosted the Alaska Fire Conference during which we conducted an approved live bum in downtown Seward. We received no complaints in reference to smoke intrusion and there were no injuries to the participants. This should speak volumes as to the degree of detail and scrutiny we undertake before conducting training of this nature. Thank you in advance for your consideration. If I can answer any further questions regarding this matter please do not hesitate to call on me. q T •Page 2 Sponsored by: Hunt CITY OF SEWARD,ALASKA RESOLUTION 2015-068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,AUTHORIZING THE PURCHASE OF A LIFT BED WITH HOIST FROM QUALITY EQUIPMENT SALES & SERVICE FOR $9,135, AND APPROPRIATING FUNDS WHEREAS, in December 2014, City Council approved Resolution 2014-098 for the purchase of a 2015 Ford F450 3500 4X2 cab and chassis from Cal Worthington Ford to replace unit #120; and WHEREAS, council requested the administration to obtain quotes for a lift bed with hoist and return to Council for approval; and WHEREAS,Quality Equipment provided the best options for the lift bed with hoist and a price of$9,135 for parts and labor; and WHEREAS,the cost of the cab and chassis($30,643)and the lift bed with hoist ($9,135) total $39,778, coming in$35,222 under the approved budget of$75,000. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The City Manager is hereby authorized to purchase the lift bed with hoist from Quality Equipment Sales& Service, LLC in an amount not to exceed $9,135. Section 2. Funding in the amount of the$9,135 is hereby appropriated from the Motor Pool Internal Service Fund undesignated reserves account no.03000-0000-3400 to the equipment account no. 03000-0000-8103, from lapsed 2014 Budget funding. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 10th day of August, 2015. Agenda Statement Sle- Meeting Date: August 10, 2015 u•=6A 11 Q:11 O To: City Council 14 „4 ASKP Through: Jim Hunt, City Man.4.1 � tY �''�1 4 From: W.C. Casey, Public Works Director Agenda Item: Purchase a lift bed with hoist for Unit#120 in the amount of$9,135 BACKGROUND &JUSTIFICATION: In December 2014, the Seward City Council approved Resolution 2014-098 authorizing the purchase of a 2015 F450 3500 4X2 cab and chassis for$30,643,to replace unit#120. Public Works was to solicit quotes for the lift bed and accessories(hoist)and return to Council for approval of the purchase. Due to larger than anticipated sales,Ford sold out of their 2015 models,replacing them with 2016 models for the same price. Public works solicited quotes from the two companies in Anchorage that can provide and install the lift bed with hoist for the new 2016 Ford F450. Quality Equipment Sales & Service LLC,has the best option for the lift bed and hoist, for$9,135. The cost is lower than Bob's Services by $2,352.95 and fits the needs of the Public Works Department. The cost of the 2016 Ford F450 3500 4X2 was$30,643 and the lift bed with hoist is$9,135,making the total cost of the new unit $39,778,keeping this vehicle$35,222 under the budgeted amount of $75,000. INTENT: Authorize the purchase of a lift bed with hoist from Quality Equipment Sales & Service LLC for Unit#120.. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): X 2. Strategic Plan (document source here): X 3 Other (list): 2014 Motor Pool Fund lapsed funding serves as the funding X source. GI I FISCAL NOTE: Funding for this vehicle,including accessories,was appropriated in the 2014 Budget,with$35,222 lapsing at the end of 2014. This action appropriates $9,135 of the lapsed funding from the Motor Pool Internal Service Fund. The budgeted amount for the replacement of Unit#120 was $75,000, and the actual cost is $39,778. Approved by Finance Department: ■41./i: 4,(24(..,-g,ID ATTORNEY REVIEW: Yes No Not Applicable X RECOMMENDATION: 04 Council approve Resolution 2015- ,authorizing the City Manager to purchase a lift bed with hoist from Quality Equipment Sales& Service, LLC. 19 JUL-29-2015 ,10:08 Quality Equipment P.01 Quality Equipment Sales&Service LLC ESTIMATE# 11801 South Gambell Street Anchorage, AK, 99515 032398 Phone-907-349-6215 Fax-907-349-2332 Quality Products,Quality Service ESTIMATE FOR SERVICES Estimate Date/Time: 07/28/2015 10:24AM Seward,City of 2016 Ford F-450 Super Duty Lic#: Odometer In: 0 PO Box 167/6TH&MADISON Unit# Seward.AK 99664 VIN# Office 907-224-4058--FAX 907-224-5051 Part Description/Number Qty Sale Extended Labor Description Hours Extended 12X96 STEEL CONTRACTOR BED all items in stock at this time. TAF 140-432 1.00 5,160.00 5.160.00 Installation of Flatbed 11.43 1,200.00 LL-400S HOIST W/M-355I SM.ELEC. SUB FRAME Installation of Hoist 7.14 750,00 TAF 141-591 1.00 2,025.00 2,025.00 Parts: $ 7.185.00 Labor: $ 1,950.00 Total: $9,135.00 Mater Witte repair practices are regulated by •Thre vehicle received vol,,ARE ENTITLED TO A PRICE ESTIMATE FOR THE REPAIRS YOU HAVE Chapter ATCP 132,Wis.Adm.Code,arfrntnistered without face to fors AUTHORIZED THE REPAIR PRICE MAYEE LESS THAT THE ESTIAMTE,BUTtNILL the Bureau of consumer Protection,WlsconSin customer contract. NOT EXCEED THE ESTIMATE WITHOUT'(OUR PERMISSION.YOUR SIGNATURE Dept.of Agriculture,Trade and Consumer yieLL INDICATE YOUR ESTIMATE SELECTION. Protection,P.O.Box 8911,Madison,Wsconsin 1.1 request en estimate In writing before you begin repair 597118.8911 Shop Representative 2 Please piOCeet1 With repairs,but cal me before continuing Irtile price will andgrgrant ssiia,1oej et,Ma You prockots Operate the t Is SID d 1labor 3 I do b .� the pl+poee d testing and/Or Insrieetidn 1 agree to pay eeehehen Shaman.Is completed 3 I do not want an estimate or to pay on otha terms someday toyou Urte pad In rue,the amours oe.1,g on this Do you want the replaced parts you are entitled tog 0 Yes 0 No wok shat constitute a ten on the moral vehicle rr cpilecuon Is made by Bull al olnorwoo. 1 agree to pay storage entluaection and reasonable ettome/e lees Customer Sign Payment will be made by 0 Cash 0 Check O Credit©C aid Charge Date C all vJlen vehicle le ready D Ye6 O NO Page 1 of 1 ot-12.06espied•.dl men Printed with pdfFactory trial version -purchase at www.pdffactory.com Page: 1 : Sales Order B ..,„\\ Order Number. 0050231 Order Date: 7/14/2015 BOB'S SERVICES, INC. 2009 SPAR AVENUE Salespersorc 1900 ANCHORAGE, ALASKA 99501 Customer Number. 00-COS 5ICP (5t7)276-3211 - FAX(5t7)2713-1972 Sold To: Ship To City of Seward City of Seward P.O.Box 167 P.O.Box 167 Seward,AK 99664 Seward,AK 99664 (907)224-3331 Confirm To: Customer P.O. Ship VIA Comment PVMX FLATBED Item Number Description Description Price Amount KNPVMX-123C 1.00 VALUE-MASTER-X PLATFORMS 94 SE 3,660.00 3,660.00 KNBHG4096C 1.00 STEEL BULKHEAD PAINTED BLACK W 904.00 904.00 KN80412745 1.00 KIT MTG PF 9-12' 128.00 128.00 BSIFBINSTALL 1.00 FLATBED INSTALL 1,470.00 1,470.00 BPMFBH2375F 1.00 MUD FLAP WELD ON MNT PLATE 24" 22.70 22.70 BPMFW2375 1.00 MUDFLAP WASHER BRKT BLK 24" 11.05 11.05 BPB36PCB 1.00 MUDFLAPS,24X36,BSI,BLACK 44.67 44.67 BPBA0972 1.00 BACK-UP ALARM,97 DB 28.88 28.88 BSIALARM 1.00 BACKUP ALARM INSTALLED 60.65 60.65 KNKH-1412SF-EE 1.00 KNAPHOIST SUBFRAME HOIST MONAR 5,158.00 5,158.00 Net Order 11,487.95 Less Discount 0.00 Freight: 0.00 Sales Tax: 0.00 Order Total: 11,487.95 I r Sponsored by: Hunt CITY OF SEWARD,ALASKA RESOLUTION 2014-098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, RESCINDING RESOLUTION 2014-079 AND AUTHORIZING THE PURCHASE OF A REPLACEMENT VEHICLE FOR THE PUBLIC WORKS DEPARTMENT,UNIT#120,IN AN AMOUNT NOT-TO-EXCEED $30,643 WHEREAS,the FY2014 Motor Pool Budget approved by Council Resolution#2013-090 included$75,000 to replace Public Works'Unit#120,a 1988 GMC3500 Diesel 4X2 GMC Flat Bed Pickup; and WHEREAS,on October 13,2014,the City Council passed resolution 2014-079,authorizing the City Manager to purchase a 2015 Ford F450 from Kendall Ford,utilizing the State of Alaska's Department of Transportation procurement procedure,for an amount not-to-exceed$29,557;and WHEREAS, Kendall Ford is now under new ownership and no longer participates in the State of Alaska Department of Transportation Contract program; and WHEREAS, Cal Worthington Ford is a participant in the State of Alaska Department of Transportation contract#CA1900-14-1,offering the same vehicle for$30,643; and WHEREAS,the replacement vehicle will be a gas powered,2015 Ford F450 3500 4X2 Cab and Chassis with standard work truck specifications, utilizing the State of Alaska Department of Transportation procurement procedures; and WHEREAS,this vehicle is needed for many routine maintenance jobs by most departments within Public Works; and WHEREAS,the replaced vehicle will be sold at the next surplus sale, with proceeds to be deposited in the Motor Pool Fund; and WHEREAS, purchasing this replacement vehicle will not increase the department budget; and WHEREAS, once the cab and chassis has been purchased, Public Work Staff will solicit bids for the lift bed and accessories, to be deducted from the remaining portion of the $75,000, previously allocated for Unit#120 in the Motor Pool Fund;and WHEREAS, Seward City Code 6.10.120(b) exempts from competitive procurement requirements/purchases which utilize competitive bids obtained by other government units, and tea.. Public Works is purchasing this vehicle utilizing the State of Alaska purchasing contract. CITY OF SEWARD,ALASKA RESOLUTION 2014-098 J NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1.The City Council hereby rescinds Resolution 2014-079 to purchase a Ford F450 3500 from Kendall Ford under the State of Alaska Department of Transportation contract#1900-14- 2. Section 2. The City Manager is authorized to purchase a replacement vehicle from Cal Worthington under the State of Alaska Department of Transportation contract#CA 1900-14-1,for an amount not-to-exceed$30,643.00,with funding to come from the Motor Pool Fund,as approved in the 2014 budget. Section 3. Competitive bids will be solicited for the purchase of the lift bed, utilizing a portion of the remaining funds allocated for Unit#120 in the Motor Pool Fund,and will be brought forth to Council for approval,via Resolution. Section 4. The 1988 GMC Flatbed,unit#120 is declared surplus to the City's needs and can be sold to the public. Section 5. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 8`11 day of December 2014. THE CITY OF SEWARD,ALASKA ean Mayor AYES: Ma Y AYES: Keil, Casagranda, Squires,Butts, Darling, Bardarson NOES: None ABSENT: Terry ABSTAIN: None ATTEST: 4 swam / J i hanna Ki!, MCA.... •is .,,�� I ity Clerk 4 •F S j,1;***. , .••GO'G.0"tai;. ROr, (City Seal) f "o\ .1., ' • ; SEAL ` r \ • Council Agenda Statement J of sek. Meeting Date: December 8,2014 Through: Jim Hunt,City Manager 44.ASw° From: W.C. Casey,Public Works Director Agenda Item: Rescind Resolution 2014-079 and authorize the City Manager to purchase a replacement vehicle from Cal Worthington Ford and new resolution for purchase. BACKGROUND&JUSTIFICATION: The FY 2014 Motor Pool Budget approved by Council Resolution 2013-090 included$75,000 to replace Public Works' Unit#120, a 1988 GMC 3500 Diesel 4x2. This vehicle is a medium duty flatbed truck for operations and maintenance,utilized by most departments in Public Works. The replacement plan of this vehicle is based on years of age(26)and wear on vehicle parts. Due to the age of the vehicle,it is often difficult to find replacement parts and we are forced to find used parts from the salvage yard.The current mileage on this vehicle is 168,512. On October 13,2014,Council passed resolution 2014-079 authorizing the City Manager to purchase a replacement vehicle from Kendall Ford utilizing the State of Alaska's procurement procedures for the Light Duty Vehicle Contract,for an amount not-to-exceed$29,557. Kendall Ford is now under new ownership and no longer participates in the State's program,requiring us to purchase the vehicle through a new vendor. Cal Worthington is a participant in the Light Duty Vehicle program under Contract #CA1900-14-1 and has offered the same vehicle for $30,643 and a new resolution is required. The replacement vehicle will be a gas powered 2015 Ford F450 4x2,with regular cab and chassis and standard work truck specs. Once the cab and chassis has been purchased,Public Works staff will seek competitive bids for the lift bed and accessories and bring it to Council for approval,via Resolution.Though the cab and chassis are slightly higher in price,there will still be adequate funds available for the additional purchase of the lift bed and accessories to come in under the$75,000 budget. INTENT: To rescind Resolution 2014-079 authorizing the City Manager to purchase a replacement vehicle from Kendall Ford, and allowing the purchase of the vehicle from Cal Worthington Ford for an amount not-to-exceed$30,643. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): X 2. Strategic Plan(document source here): X log 3. 1 Other(list): 2014 Motor Pool Fund X llll FISCAL NOTE: Funding for this vehicle was previously appropriated in the 2014 Budget. The budgeted amount for replacement of Unit#120 is$75,000. Total estimated cost of the replacement vehicle including lift bed and accessories will be less than$75,000. Approved by Finance Department: i( 4.uh ATTORNEY REVIEW: Yes No X RECOMMENDATION: Council approve Resolution 2014- 0�� , authorizing the City Manager to purchase a 2015 Ford F450 4X2 Cab and Chassis from Cal Worthington Ford. It� Sponsored by: Hunt CITY OF SEWARD,ALASKA RESOLUTION 2015-069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE PURCHASE OF A UTILITY BOX WITH CRANE FROM QUALITY EQUIPMENT SALES&SERVICE FOR$25,151, AND APPROPRIATING FUNDS WHEREAS, In December 2014, City Council approved Resolution 2014-099 for the purchase of a 2015 Ford F450 3500 4X4 cab and chassis from Cal Worthington Ford to replace Unit #131; and WHEREAS, Council requested the administration to obtain quotes for a utility box with crane and return to Council for approval; and WHEREAS, Quality Equipment provided the best options for the utility box with crane, quoting$25,151 for parts and labor; and WHEREAS, the cost of the cab and chassis ($32,929) and the utility box with crane ($25,151) total $58,080, coming in$3,920 under the budgeted$62,000. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The City Manager is hereby authorized to purchase the utility box with crane from Quality Equipment Sales& Service, LLC for$25,151. Section 2. Funding in an amount not to exceed $25,151 is hereby appropriated from the Motor Pool Internal Service Fund undesignated reserves account no. 03000-0000-3400 to the equipment account no. 03000-0000-8103. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 10th day of August, 2015. Agenda Statement jof sew 9'A Meeting Date: August 10,2015 :4„ P- +i To: City Council ,P Through: City Manager, Jim H ;, From: Public Works Director,W.C. Casey Agenda Item: Approve the purchase of a utility box with crane for Unit#131 in the amount of$25,151. BACKGROUND&JUSTIFICATION: In December 2014,the Seward City Council approved Resolution 2014-099 for the purchase of a 2015 F450 3500 4X4 cab and chassis for$32,929,to replace unit#131. Public Works was to solicit quotes for the utility box and return to Council for approval of the purchase. Due to larger than anticipated sales,Ford sold out of their 2015 models,replacing them with 2016 models for the same price. Public Works solicited quotes from the two companies in Anchorage that can provide and install the utility box for the new 2016 Ford F450. Quotes were solicited from two well known,reputable vendors in Anchorage that are known supply and install utility boxes and cranes. We were unable to locate a third vendor for these items. Quality Equipment Sales& Service LLC and Bob's Services have provided durable parts and dependable service to the City in the past. The lowest cost option for the utility box with crane is from Quality Equipment for$25,151. The original amount budgeted for the replacement of Unit#131 was $62,000.00. The cost of the 2016 Ford F450 3500 4X4 was$32,929 and the new utility box is$25,151,making the total cost of the new unit$58,080,keeping this vehicle$3,920 under the budgeted amount. INTENT: Authorize the purchase of a utility box with crane from Quality Equipment Sales&Service,LLC,for an amount not to exceed$25,151.00. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): X 2. Strategic Plan (document source here): X 3. Other (list): 2014 Motor Pool Fund X � cri FISCAL NOTE: Funding for this vehicle was previously appropriated in the 2014 Budget. The budgeted amount for the replacement of Unit#131 is$62,000,and the actual complete cost is $58,080. Approved by Finance Department: ATTORNEY REVIEW: Yes No Not Applicable X RECOMMENDATION: Council approve Resolution 2015- , authorizing the City Manager to purchase a utility box with crane from Quality Equipment Sales& Service, LLC. 08103/2015 13:55 TAX) Pa9s; 1 Sales Order BO's S�VICES Order Number: 0050448 Order Date: 81312015 • X09 SPAR AVENUE Salesperson: 1900 AM/MACE, ALASKA 9950! Cuter Number 00 cos SHOP (')276-.221 -Ref Mr)2713-1972 Sold To: Ship To City of Seward City of Seward P.O.Box 167 P.O.Box 157 Seward,AK 99884 Seward,AK 99884 (907)224-3331 Confirm To Customer PA. Ship VIA Cortwnertt 698 SERVICE BODY Item Number description Description Price Amount KN8108054.1 1.00 STANDARD SVC BODIES 00'GA DUA 9,222.00 9222.00 KN28050039 1.00 GALVA GRIP BUMPER 574.00 574.00 KN20048435 1.00 KIT,ALUM.FUEL FILL CUP FORD 88.00 88.00 KN28103515 1.00 FLUSH MOUNT LIGHT KIT 332.00 332,00 KN26103555 1.00 TAIL UGH WIRE HARNESS ADAPERS 82.00 82.00 KN77000158 1.00 LIGHT HOLES 42.00 42.00 BSISWSRVBDPNr 1.00 Lebor/Mtrl Paint SW Sery Body 1,470.00 1,470.00 BPMFW1975 1.00 MUDFLAP WASHER BRACKET2INC 10.54 10.54 BPMFBH1975F 1.00 MUD FLAP BRACKET HANGER-FLAT 28.15 28.15 BP92024LS-C 1.00 BSI MUD FLAPS 20 X 24 20,83 28.83 ST440858 1.00 EC3200 ELECTRIC CRANE 10,380.00 10,380.00 *ST48688 1.00 CRATING FOR CRANE SHIPPING 470.00 470.00 *ST43949 1.00 BOOM SUPPORT 130.00 130.00 'ST44578 1.00 7000#CRANK STAB!'I7FR 290.00 290.00 INSTALL 1.00 INSTALL,WIRE SYSTEM 2450.00 2,450.00 INCLUDES BATTERY,HARDWARE,WIRE AND LOOM LABOR.AND CRANE BODY RE-INFORCEMENTS. THANK YOU,STEPHEN Net Order: 25,595.52 Less Discount: 0.00 Freight: 0.00 sales Tax: 0.00 Order TotoI 25,595.52 1 C°1 JUL-28-2015 10:08 Quality Equipment P.02 Quality Equipment Sales& Service LLC ESTIMATE# 11801 South Gambell Street Anchorage, AK. 99515 032314 Phone-907-349-6215 Fax-907-349-2332 Quality Products,Quality Service ESTIMATE FOR SERVICES Estimate Date/Time: 07/28/2015 10:25AM Seward,City of 2018 Ford F-450 Super Duty Lic#: Odometer In: 0 PO Box 167/6TH&MADISON Unit#: 131 Seward,AK 99664 VIN#: Office 907-224.4058----FAX 907-224-5051 Part Description/Number Qty Sale Extended Labor Description Hours Extended Utility box.Select,DRW Service body in stock,will have to order WAR S 108-M-DW-U 1.00 8,350.00 8.350.00 crane. Capacity 2700 Lbs.at 3 Ft.Load radius REINFORCEMENT ON SERVICE 1429 1,500.00 (39260)Unlimited Power Rotation is BODY FOR CRANE ON CURB SIDE standard REAR Efficient 2.7 HP Planetary Gear Winch Power up/Down Boom with Installation of Crane and Outriggers 9.00 945.00 Counterbalance Valve, Manual Boom Extension from 6 Ft,to 14 Installation of wireless remote 2.00 210,00 Ft.in Two stage LIF2700AR-]4 1.00 3,000.00 13,000.00 OPTIONAL MEGA WIRELESS CONTROLS LIFCONTROLS 1.00 1,146.00 1,146.00 12K Ft-Lbs Outrigger,For 94"Body Width LIF3885I 1.00 Parts: $22,496.01 Labor: $2,655.00 Total: $25,151.00 Motor yahic%repair practices are ea ul81ed by This vehicle retaN2d YOU ARE ENTITLED TO A PRICE ESTIMATE FOR THE REPAIRS YOU MANE chapter ATCP 132,Ws.Adm.Code,administered wit110ut face to rice AUTHORIZED THE REPAIR PRICE MAYBE LEES THAT THE ESTIAMTE,BUT WILL lha Bureau of Consumer Protection,Wisconsin CUStonter Contact. NOT EXCEED THE ESTIMATE WITHOUT YOUR PER MISSION.YOUR SIONATURE Dept.otApricutture,Trade and Consumer 1W2.INDICATE YOUR ESTIMATE SELECTION Probation,P.0,Box B911,Madison,WiscwLSin 1.I request an estimate in writing before you begin repair 537E13.8E11 Shop Representative 2 Please Having stanchly to do so I hereby ceder the above prod,cts end se/veers.parts end labor exceed f proCQetl with repairs.but[ad me DefOra continuing I(the price N111 end grant permIsston to you and/or you'employees to operate thevehlcte desabed to 3 I do not want an estimate the purpose of testing endkwr inspection I agree to pay Cash when the work is caromed or to pay on other terms satbreclav to you Until pod Infix.the amount comp on INs Do you want the replaced parts you art entitled to?0 Yes 0 No ACM shat conattute a hen mine motor vehicle It colophon Is made by su1 a othervese. I agree to pay siorepe and collection and reesonebte eetomey's tees Customer Sign Payment will be made by 0 Cash 0 Check 17 Credit 0 Card Charge Date Cali when vehicle is ready D Yes❑No Page 1 of 1 0142,06 inherit-with hours Printed with pdfFactory trial version - purchase at www.pdffactory.com 1 I 0 TOTAL P.02 Sponsored by: Hunt L. CITY OF SEWARD,ALASKA RESOLUTION 2014-099 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, RESCINDING RESOLUTION 2014-078 AND AUTHORIZING THE PURCHASE OF A REPLACEMENT VEHICLE FOR THE PUBLIC WORKS DEPARTMENT,UNIT#131,IN AN AMOUNT NOT-TO-EXCEED $32,929 WHEREAS,the FY 2014 Motor Pool Budget approved by Council Resolution#2013-090 included$62,000 to replace Public Works'Unit#131, a 1993 3500 4X4 Chevy cab and chassis with a utility box;and WHEREAS,on October 13,2014,the City Council passed resolution 2014-078,authorizing the City Manager to purchase a Ford F450 from Kendall Ford, utilizing the State of Alaska's Department of Transportation procurement procedures, for an amount not-to-exceed$31,865;and WHEREAS,Kendall Ford is under new ownership and no longer participates in the State of Alaska Department of Transportation Light Duty Vehicle Contract program; and trim WHEREAS, Cal Worthington Ford is a participant in the State of Alaska Department of Transportation Light Duty Vehicle Contract#CA1900-14-1,offering the same vehicle for$32,929; and WHEREAS,the replacement vehicle will be a 2015 F450 3500 4X4 cab and chassis with standard work truck specifications utilizing the State of Alaska Department of Transportation procurement procedures; and WHEREAS,once the vehicle has been purchased,Public Work Staff will solicit quotes for the utility box which are estimated to cost roughly$26,000; and WHEREAS,the replaced vehicle will be sold at the next surplus sale of the City of Seward, which will be deposited in the Motor Pool Fund for the department; and WHEREAS, Seward City Code 6.10.120(b) exempts from competitive procurement requirements/purchases which utilize competitive bids obtained by other government units, and Public Works is purchasing this vehicle utilizing the State of Alaska purchasing contract. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: L CITY OF SEWARD,ALASKA RESOLUTION 2014-099 Section 1.The City Council hereby rescinds Resolution 2014-078 to purchase a Ford F450 3500 from Kendall Ford under the State of Alaska Department of Transportation Light Duty Vehicle Contract#1900-14-2. Section 2. The City Manager is authorized to purchase a replacement vehicle from Cal Worthington Ford under the State of Alaska Department of Transportation contract#CA 1900-14-1 for an amount not-to-exceed$32,929 with funding to come from the Motor Pool Fund,as approved in the 2014 budget. Section 3. Competitive bids will be solicited for the purchase of the utility box and accessories, utilizing a portion of the remaining funds allocated for Unit #131 in the Motor Pool fund,and will be brought forth to Council for approval,via resolution. Section 4. The 1993 Chevy Flatbed,unit#131 is declared surplus to the city's needs and can be sold to the public. Section 5.This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 8th day of December 2014. THE CITY OF SEWARD,ALASKA Mayor ean Ma Y AYES: Keil, Casagranda, Squires, Butts,Darling,Bardarson NOES: None ABSENT: Terry ABSTAIN: None ATTEST: J Ohanna Kirmty, CMC 0.•'• E 'ity Clerk ...V i ,,-POD:.`4'�J'', . o ccC•; r mot' • (City Seal) SEAL I ° ` t . e�, - �ti 4. ''tigrF�OF�A..PS•'� 1 ii Council Agenda Statement r jpF s , Meeting Date: December 8,2014 : , q4 Through: Jim Hunt,City Manager �,y�n, atAS�P From: W.C. Casey, Public Works Director Agenda Item: Rescind Resolution 2014-078 and authorize the City Manager to purchase a replacement vehicle from Cal Worthington Ford and new resolution for purchase BACKGROUND&JUSTIFICATION: The FY2014 Motor Pool Budget approved by Council Resolution 2013-090 included $62,000 to replace Public Works'Unit#131,a 1993 Chevy 3500 4x4. This vehicle is a medium duty truck with a utility box for operations and maintenance,utilized by most departments in Public Works. It is used to provide vehicle maintenance and repairs in the field,as well as used to fuel equipment when away from the shop. The replacement plan of this vehicle is based on years of age(21)and wear on vehicle parts. Due to the age of the vehicle, it requires frequent repairs and is not reliable. On October 13,2014,Council passed resolution 2014-078 authorizing the City Manager to purchase a replacement vehicle from Kendall Ford utilizing the State of Alaska's procurement procedures for the Light Duty Vehicle Contract,for an amount not-to-exceed$31,865. Kendall Ford is now under new ownership and no longer participates in the State's program,requiring us to purchase the new vehicle through another vendor. Cal Worthington is a participant in the Light Duty Vehicle program under Contract #CA1900-14-1, and has offered the same vehicle for $32,929. This action will rescind resolution 2014-078 and replace it with a new one for the purchase. The replacement vehicle will be a gas powered 2015 Ford F450 4x4,with regular cab and chassis and standard work truck specs. Once the cab and chassis has been purchased, staff will obtain competitive quotes to add a utility box and accessories to the truck and bring it forth to Council for approval,via Resolution. Though the cab and chassis are slightly higher in price,there will still be adequate funds available for the additional purchase of the utility box and accessories to come in under the$62,000 budget. INTENT: To rescind Resolution 2014-078 authorizing the City Manager to purchase a replacement vehicle from Kendall Ford, and allowing the purchase of the vehicle from Cal Worthington Ford for an amount no-to-exceed$32,929. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan(document source here): X 2. Strategic Plan(document source here): X 3. Other(list):2014 Motor Pool Fund X FISCAL NOTE: Funding for this vehicle was previously appropriated in the 2014 Budget. The budgeted amount for the replacement of Unit#131 is$62,000. The total estimated cost of replacing the vehicle,including the work box and accessories are less than$62,000. Approved by Finance Department: , ,�,„,).4,��,i, ATTORNEY REVIEW: Yes No X RECOMMENDATION: Council approve Resolution 2014- ,authorizing the City Manager to purchase a 2015 Ford F450 4X4 cab and chassis from Cal Worthington Ford. Sponsored by: Hunt CITY OF SEWARD,ALASKA RESOLUTION 2015-070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, FOR PORT AVENUE SAFETY IMPROVEMENTS, PAINTING, SIGNAGE AND DECKING REPLACEMENT IN AN AMOUNT NOT TO EXCEED $125,000,AND APPROPRIATING FUNDS WHEREAS, Seward's Port Avenue is located among industrial businesses and is the key connector street between the cruise ship terminal and the improved Harbor area and lacks clear directions for visitors; and, WHEREAS, the cruise ship industry has proven beneficial to the economic well-being of our community and the Port Avenue and Harbor Fourth Avenue pedestrian travel areas are in need of directional signage,painting,barriers and improved walkways to increase visitor safety; and, WHEREAS, Seward intends to increase the level of safety and information for pedestrian visitors along Port Avenue and flowing into the Harbor area; and ,WHEREAS, past improvements have been funded from Commercial Passenger Vessel Excise Tax receipts ("Cruise Ship Tax") and this is an appropriate use of the funds; and WHEREAS,these improvements will facilitate a safer flow of visitors among and between the Dale Lindsey Cruise Ship Terminal, the Alaska Railroad Depot, and Harbor areas during high pedestrian traffic summer months. 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 expend up to$125,000 for Port Avenue and Fourth Avenue signage, paint, and Harbor deck improvements between Kenai Fjord Tours building and Ray's Restaurant. Section 2. The Seward City Council hereby appropriates the amount of$125,000 from the commercial passenger vessel proceeds account no. 11103-0000-7215 for improvements. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 10t day of August, 2015. 115 Council Agenda Statement Meeting Date: July 27,2015 e 4 of To: City Council 1, ,`I 4lASKP From: Jim Hunt, City Manager Agenda Item: Port and Fourth Avenue Tourist Signage and Improvements BACKGROUND&JUSTIFICATION: The City of Seward receives tens of thousands of cruise ship visitors a year via the Dale Lindsey Cruise Ship Terminal and thousands begin the walk down Port Avenue through the Seward Harbor Industrial Area.Directing visitors to the north side of Port Avenue and move their flow westward has been a safety management concern for many years.Improvements are intended to direct a majority of visitor traffic from the cruise ship dock and rail road depot to the Harbor Boardwalk entrance on Port Avenue and decrease pedestrian traffic on the south side along the Icicle Seafood processing plant.Signage will include multiple maps and directions to Historic Downtown Seward.A boardwalk/decking area on the Harbor Boardwalk between Kenai Fjord Tours and Ray's Restaurant needs replacing and will provide additional benches and seating that is now absent. This prime real estate on the harbor is mostly unused due to its current condition. The Administration has received public input on signage, painting and improvements from several businesses located on Port and Fourth Avenues.Past and current observations made at several sites during high pedestrian traffic provided clear guidance for improvements that will be effective in increasing pedestrian safety. The Administration is requesting and appropriation for improvements not to exceed $125,000 and anticipates the improvements to be completed late this summer and fall of 2015. The funding source for this is Commercial Passenger Vessel funds. INTENT: To improve visitor safety while experiencing Seward and increase downtown visitor levels CONSISTENCY CHECKLIST: Where applicable this resolution is consistent with: Cruise Ship Tax Allocation Guidelines CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan(document source here): X 2. Strategic Plan(document source here): X 3. Other(list): X FISCAL NOTE: The total of funding required for the Port and Fourth Avenue Harbor Improvements; $125,000 will be appropriated from account 11103-0000-7215 Commercial Passenger Vessel funds. Approved by Finance Department: ,560, 401.4.41? ATTORNEY REVIEW: Yes No Not Applicable X it RECOMMENDATION: pep City Council approve Resolution 2015- authorizing the City Manager to appropriate$125,000 of cruise ship head tax funds for the Port and Fourth Avenue Harbor Improvements Sponsored by: Hunt CITY OF SEWARD,ALASKA RESOLUTION 2015-071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONSTRUCTION CONTRACT WITH HAMILTON CONSTRUCTION, LLC IN AN AMOUNT NOT TO EXCEED $15,032,101.80 FOR THE PHASE 1 HARBOR IMPROVEMENTS AT THE SEWARD MARINE INDUSTRIAL CENTER AND AN ADDITIONAL $1,503,210 AS A PROJECT CONTINGENCY AND APPROPRIATING FUNDS WHEREAS, the City of Seward, using State of Alaska funds, hired R & M Consultants in 2011 to design a new breakwater at SMIC; and WHEREAS, the breakwater will be of the rubble mound type and it will be partially constructed using locally produced rock; and WHEREAS, the project requires the blasting and sorting of rock into different size classifications; and WHEREAS, the project requires the transportation of remaining rock into different size classifications from geographically separated sources; and WHEREAS, the City developed a scope of work with the assistance of R & M Consultants, Inc. and advertised a competitive bid package according to SCC 6.10.210 and SCC 6.10.215; and WHEREAS, six bids were received by the required deadline of 3:00 p.m. July 7, 2015; and WHEREAS, the City and R & M Consultants, Inc. reviewed all bids and concluded Hamilton Construction, LLC was the lowest, most qualified and responsive bidder with a base bid amount of$14,317,855.50 and two Alternate bid amounts totaling$714,246.30; and WHEREAS, the City and R & M Consultants agree that a ten percent contingency is necessary for a project of this magnitude to address the potential for unforeseen project costs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The City Manager is hereby authorized to enter into a construction contract not-to-exceed $15,032,101.80 with Hamilton Construction, LLC, including both the Base Bid and two Alternates in substantially the form as presented at this meeting, for the Phase 1 Harbor Improvements for the Seward Marine Industrial Center. CITY OF SEWARD,ALASKA RESOLUTION 2015-071 Section 2. Funding for this contract in an amount not-to-exceed $15,032,101.80 was previously appropriated from State of Alaska DCCED grant fund account 12331-0000-5922, and will be charged to SMIC Breakwater Infrastructure account no. 12331-0000-8101. Section 3. Funding in an amount not-to-exceed $1,503,210.00 representing a ten percent contingency, was previously appropriated from State of Alaska DCCED grant fund account no. 12331-0000-5922 and will be charged to the Phase 1 Harbor Improvements contingency account no. 12331-0000-7807. The contingency will be utilized only if authorized by the City Manager in writing, in advance, due to change in project scope on unanticipated costs agreed to by the City. 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 10th day of August 2015. THE CITY OF SEWARD,ALASKA Jean Bardarson, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) 1 i � Agenda Statement of sFly Meeting Date: August 10, 2015 •'�{� To: City Council 1 `' Through: City Manager Jim Hunt i1 From: Harbormaster Norm Regis Agenda Item: Authorizing the City Manager to enter into a construction contract with Hamilton Construction, LLC., the most qualified and responsive bidder, for the SMIC Phase 1 Harbor Improvements (breakwater construction, dredging, turning dolphin construction, and other harbor improvements) Project and appropriate funds. BACKGROUND & JUSTIFICATION: Beginning in 2011 the City of Seward has focused public attention on the completion of the breakwater along with other vital harbor improvements at the Seward Marine Industrial center (SMIC). The design process has focused on finalizing the rubblemound breakwater, a replacement turning dolphin, relocation of two outfall pipes, and other harbor accessories. A 2014 rock production contract failed to provide the rock for the breakwater under a separate contract. The City is working with R & M Consultants on this project and who drafted and finalized the competitive bid package based on the City's standard construction contract, the scope of work and the availability of funds. This project was advertised according to SCC 6.10.210 and SCC 6.10.215. Six bids were received by the City by the deadline of 3:00 p.m. on July 7, 2015. The City and R & M reviewed all bids and concluded Hamilton Construction, LLC. was the lowest, most qualified and responsive bidder with a total bid amount of $15,032,101.80 including the Base Bid and two Additive Alternates. The project consists of a new 960 foot rock breakwater totaling nearly 251,000 tons of several classes of rock materials along the west side of the SMIC harbor basin and 111,500 cubic yards of dredging to provide a new channel into the basin from the north to an elevation of-20 feet MLLW and associated navigational aids and marker piles. In addition, the existing sewer and seafood outfalls will be relocated to accommodate the breakwater and dredging work. The two Additive Alternates include removing and replacing the turning dolphin and catwalk at the Syncrolift pier, and furnishing and stockpiling additional Class A and Class B Primary Armor Rock. The bid tabulation follows: SMIC Phase 1 Harbor Improvements Project Contractor Base Bid Additive Additive Total Bid Amount 1 Amount 2 Engineers $23,540,650.00 $480,540.00 $355,000.00 $24,376,190.00 Estimate Hamilton $14,317,855.50 $406,246.30 $308,000.00 $15,032,101.80 Construction, LLC Pacific Pile & $19,698,596.00 $755,200.00 $337,500.00 $20,791,296.00 Marine, LP Granite $20,565,278.00 $652,475.00 $180,000.00 $21,397,753.00 Construction Co Kiewitt $20,022,740.00 $1,177,570.00 $315,000.00 $21,515,310.00 Infrastructure West Co Orion Marine $27,909,491.20 $977,735.00 $369,000.00 $29,256,226.20 Contractors, Inc The Dutra Group $39,828,627.50 $1,394,400.00 $936,000.00 $42,159,027.50 INTENT: Enter into a construction contract not-to-exceed $15,032,101.80 with Hamilton Construction, LLC for Phase 1 Harbor Improvement at SMIC and appropriate funds. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (document source here): Plan for adequate port 1 infrastructure that will serve the needs of users...at the Seward Marine X Industrial Center (SMIC), sustain an increase above the current activity, and attract new business. (page 24) 2 Strategic Plan (document source here): Develop infrastructure X expansion plans for currently underdeveloped property.(page 5) 3. Other (list): FISCAL NOTE: All of the cost of the engineering and construction work will be paid from grants from the State of Alaska. Additional funds are required to be appropriated in the amount of $1,503,210 representing a 10% contingency on the construction project, and will be utilized only if required by justifiable change orders approved in advance by the City Manager. Approved by Finance Department: _, n► ATTORNEY REVIEW: Yes No RECOMMENDATION: Council support Resolution 2015- 011 authorizing the City Manager to enter into a construction contract with Hamilton Construction, LLC, the most qualified, responsive and lowest bidder, for Phase 1 Harbor Improvements at the Seward Marine Industrial Center and appropriate funds. CITY OF SEWARD �'''4j Main Office(907)224-4050 P.0.Box 167 -- Police(907)2243338 410 Adams Street Harbor(907)224-3138 Seward,Alaska 99664-0167 Fire(907)224-3445 • City Clerk(907)224 4046 Utilities(907)224-4050 July 15, 2015 Hamilton Construction, LLC PO Box 241952 Anchorage, AK 99524 Reference: SMIC Harbor Improvements Phase 1—Breakwater Construction Subject: Notice of Intent to Award Dear Mr. Hamilton, The City of Seward intends to award the referenced construction contract to your company Hamilton Construction, LLC, as the lowest qualified responsive and responsible bidder for this project. I have included the City's proposed contract with this letter for your convenience. In order for the City to award the contract, Hamilton Construction will need to provide the City all documents required for award, per Section 00200 of the Contract Documents, as soon as possible. The total construction cost shall not exceed $15,032,101.80 for the construction of the Base Bid and the two Additive Amounts. The award of the contract is also contingent upon City Council approval which will be scheduled to take place on either August 10 or August 24, 2015. The City Council may reject any or all proposals and may waive minor irregularities in the bids. If you have questions, please don't hesitate contacting me at (907) 224-4081 or through email to rwise @cityofseward.net Sincerely, Richard S. Wise Project Manager Attachment: Contract Cc: Ron Long, Assistant City Manager Norm Regis, Harbormaster Kim Nielsen P.E., R&M Consultants I�/ SECTION 000500 -CONTRACT CITY OF SEWARD, ALASKA SMIC Harbor Improvements Phase I-Breakwater Construction, project 2015-1163 [PROJECT NAME AND NUMBER] 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 Hamilton Construction LLC Company Name P.O.Box 241952,Anchorage,Alaska 99524 Company Address (Street or PO Box, City, State, Zip) a/an ❑ Individual [Partnership EJoint Venture CKSole 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 Fifteen MillionThirtyTwoThousandOneHundredOne&80/100d0llars ($15,032,101.80) for all base items, additional work, and change orders. The Contractor further covenants and agrees that all materials shall be furnished and delivered and all work and labor shall be done and performed, in every respect, to the satisfaction of the City, on or before: April 30,2017 or within 813 calendar days following the date of notice to proceed. It is expressly understood and agreed that in case of the failure on the part of the Contractor, for any reason, except with the written consent of the City, to complete the furnishing and delivery of materials and the doing and performance of the work before the aforesaid date, the City shall have the right to deduct from any money due or which may become due the Contractor, or if no money shall be due,the City shall have the right to recover OneThousandFiveHundred&00/100 dollars ($ 1,500.00 ) per day for each calendar day elapsing between the time stipulated for the completion and the actual date of completion in accordance with the terms hereof; such deduction to be made, or sum to be recovered, not as a penalty but as liquidated damages. Provided, however, that upon receipt of written notice from the Contractor of the existence of causes over which the Contractor has no control and which must delay furnishing of materials or the completion of the work, the Contracting Officer may, at his or her discretion, extend the period specified for the furnishing of materials or the completion of the work, and in such case the Contractor shall become liable for liquidated damages for delays commencing from the date on which the extended period expires. The bonds given by the Contractor in the sum of S Payment Bond, and $ SMIC Harbor Improvements CONTRACT 1 1'5 Section 000500 Page 1 SECTION 000500 -CONTRACT Performance Bond, to secure the proper compliance with the terms and provisions of this Contract, are submitted herewith and made a part hereof. The Contractor further covenants and agrees that the entire construction will be done under the administration of and to the complete satisfaction of the City subject to the inspection at all times and approval by any regulatory agency of the Local, State, or Federal Government of the United States of America, and in accordance with the laws of the State of Alaska and the City of Seward. For purposes of this Contract, Contracting Officer means 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: SMIC Harbor Improvements-Phase I,project 2015-1163 (1) Resolution 2015- ; (2) Project Bid Documents dated May 2015 IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and conditions. CONTRACTOR Hamilton Construction LLC Company Name Signature of Authorized Company Representative Jeffery Hamilton Typed Name and Title July 27, 2015 Date CITY OF SEWARD Signature of City Manager James S. Hunt Typed Name Date City Clerk (ATTEST) SMIC Harbor Improvements CONTRACT Section 000500 Page 2 City of Seward SMIC Harbor Improvements of Stip / "■4 , it 4 f .N %If *�Z4 " i ri9 s CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS Bid Set May, 2015 Prepared by: . may" ., ' s R&M Consultants, Inc. 9101 Vanguard Drive Anchorage, AK 99507 (907) 522-1707 t/-c3 TABLE OF CONTENTS DIVISION 0-BIDDING AND CONTRACT REQUIREMENTS, CONTRACT FORMS,CONDITIONS OF THE CONTRACT BIDDING and CONTRACT REQUIREMENTS 000030 Public Notice–Invitation for Bids 000100 Information to Bidders 000200 Required Documents 000300 Bid Form 000305 Bid Modification Form 000310 Bid Schedule 000320 Bid Bond 000360 Statement of Qualifications CONTRACT FORMS 000500 Contract 000610 Performance Bond 000620 Payment Bond 000630 Tax Compliance Certification–Kenai Peninsula Borough 000640 City Business License Application 000660 Subcontractor List CONDITIONS OF THE CONTRACT 000700 General Conditions 000800 Modifications to the General Conditions 000900 Special Provisions TECHNICAL SPECIFICATIONS DIVISION 01 –GENERAL REQUIREMENTS 001330 Submittals 015050 Mobilization and Demobilization 015700 Wildlife Observer 017700 Contract Closeout DIVISION 02–EXISTING CONDITIONS 020000 Construction Survey 024000 Demolition, Removal, Disposal,and Salvage DIVISION 03–CONCRETE 033000 Concrete DIVISION 05–METALS 055000 Metal Fabrications 055115 Catwalk DIVISION 26–ELECTRICAL 264214 Cathodic Protection System—Sacrificial Anodes 265421 Marine Navigational Aid Lighting SMIC Harbor Improvements /AP� TABLE OF CONTENTS I Page 1 TABLE OF CONTENTS DIVISION 31 —EARTHWORK 316216 Steel Piles DIVISION 35—WATERWAY AND MARINE 352023 Dredging 353119 Rubblemound Breakwater 355015 Marine Wastewater Outfalls 355816 Navigational Aid Signage 355905 Turning Dolphin APPENDICES APPENDIX A Permits DRAWINGS(Bound Separately) City of Seward SMIC Harbor Improvements Phase 1 SUPPLMEMENTAL INFORMATION (Bound Separately) 2013 SMIC Geotechnical Reports 2014 Seward Rock Quarry Development Plan and Blasting Plan 2014 Independent Blasting Consultant Report END OF Table of Contents SMIC Harbor Improvements TABLE OF CONTENTS Page 2 SECTION 000030-PUBLIC NOTICE-INVITATION TO BID CITY OF SEWARD,ALASKA Public Notice—Invitation for Bids SMIC Harbor Improvements-Phase 1 Breakwater The City of Seward desires to receive bids from qualified marine contractors to construct a new breakwater and entrance channel at the Seward Marine Industrial Center(SMIC) in Seward,Alaska. The scope of work under the Base Bid generally includes providing a new 960 LF rock breakwater totaling nearly 251,000 Tons of several classes of rock materials (bedding material, core rock, and primary and secondary armor stone) along the west side of the Seward Marine Industrial Center (SMIC) harbor basin and 111,500 CY of dredging to provide a new channel into the basin from the north to an elevation of-20ft MLLW and associated navigational aids and marker piles. In addition, the existing sewer and seafood outfalls will be relocated to accommodate the breakwater and dredging work. Two Additive Alternates will be considered for inclusion in the contract, pending available funding: • Additive Alternate A: Remove and replace the turning dolphin and catwalk at the Syncrolift pier. • Additive Alternate B: Furnish and Stockpile a total of 2,000 tons of Class A and 2,500 tons of Class B Primary Armor Rock. All work under this contract must be completed by April 30, 2017. An optional pre-bid conference and site visit will be held in the Seward City Council Chambers (5th Avenue&Adams Street), on June 8,2015 at 10:30 a.m. The bid documents are available at the office of the Engineer. Electronic copies are available for no charge. Paper copies can be made available from a local reproduction company at the Contractor's expense. To receive a copy of the bid documents and to be considered a Plan Holder contact Jessica Koloski at 907 646-9600 or by email at JKoloski(@RMConsult.com. The City will not be responsible for errors in bids due to the bidders receipt of bid documents or addenda from other sources. All bids including any amendments or withdrawals must be received and time-stamped at the City of Seward prior to 3:00 p.m. on June 26, 2015. Electronic or faxed bids will not be accepted. Bids shall be submitted on the forms furnished and must be in a sealed envelope marked as follows: BID FOR: CITY CLERK City of Seward P.O. BOX 167 SMIC Harbor Improvements-Phase 1 410 ADAMS STREET SEWARD,ALASKA 99664 The bids will be opened publicly in the City Council Chambers located at 410 Adams Street Seward, AK 99664 beginning at 3:30 p.m. on June 26,2015. The contract shall be let by the Seward City Council to the lowest qualified responsive and responsible bidder. The selection of the qualified bidder will be at the sole discretion of the City of Seward, and the City reserves the right to reject any and all bids or not to award a contract if deemed in the best interest of the City. This solicitation does not commit the City of Seward to pay any costs incurred in the preparation of the bid or to award any contract. All questions relating to technical matters, bid procedures or other aspects of the project should be directed to the following: Kimberly Nielsen, P.E. (Phone: 907 646-9602 or by e- mail:KNielsen @RMConsult.com). All questions must be received no later than midnight on June 19, 2015. SMIC Harbor Improvements PUBLIC NOTICE-INVITATION TO BID v Section 000030 Page 1 SECTION 000100-INFORMATION TO BIDDERS CITY OF SEWARD, ALASKA Information to Bidders SMIC Harbor Improvements The City of Seward, Alaska, is concerned over the manner in which Bids are submitted. Bidders are requested to study and follow the bid assembly instructions as to the method and form for submitting bids so there will be no reason to reject a bid. 1.00 CONTRACTING OFFICER Rick Wise Project Manager, City of Seward 1.01 EXAMINATION OF CONTRACT REQUIREMENTS Bidders are expected to examine carefully all documents incorporated in the contract to determine the requirements thereof before preparing bids. Any explanation desired by bidders regarding the meaning or interpretation of any provisions must be requested in writing and with sufficient time allowed for reply to reach them before the submission of their bid. Oral explanations or instructions given before the award of the contract will not be binding. Any interpretation made will be in the form of an addendum to the contract documents and will be furnished to all bidders. A receipt of each addendum received by the bidder must be acknowledged. 1.02 CONDITIONS AT SITE OF WORK Bidders are expected to visit the site to ascertain pertinent local conditions such as the location, accessibility and characteristics of the site, labor conditions, and extent of the existing work within or adjacent thereto, and any other work being performed thereon. 1.03 PREPARATION OF BIDS (a) Bids shall be submitted on the forms furnished or copies thereof, and must be manually completed and signed in ink. If erasures or other changes appear on the forms, each such erasure or change must be initialed by the person signing the bid. (b) The bid schedules will provide for the quotation of a lump sum bid for price or as otherwise specified in the bid schedules. As required on the bid form, bidders must quote on all items. (c) The bidder shall specify all numbers in words and figures, for each required bid item total. All the words and figures shall be in ink or typed. In case of a discrepancy between the prices written in words and those written in figures, the prices written in words shall govern. (f) Telegraphic or facsimile bids or modifications will not be considered. (d) All bids or modifications shall be submitted as one original and two copies. 1.04 IRREGULAR BID PROPOSALS The City will consider a proposal to be irregular and may reject such a proposal as nonresponsive if: (a) the proposal is submitted on a non-approved form (or format, if computer generated), or is altered. SMIC Harbor Improvements INFORMATION TO BIDDERS � "1 Section 000100 Page 1 SECTION 000100-INFORMATION TO BIDDERS (b) The proposal is not properly signed (c) Unauthorized additions, conditional or alternate bids, or other irregularities make the proposal incomplete, indefinite, or ambiguous. (d)The proposal lacks required bid escrow documentation or other required documentation. (e) The proposal fails to furnish properly executed proposal guarantee of the character and amount required. (f) An individual, firm, or corporation under the same or different name submits more than one proposal for the same work. (g) There is evidence of collusion among bidders. Collusion participants are not recognized as bidders for future work until they are re-qualified. (h) The proposal omits a unit and total price for any estimated pay item, except for authorized alternate bid items. (i)The proposal is materially unbalanced. (j) Mathematically unbalanced bids that are"front loaded" in which an advance payment condition would exist. (k) Other mathematically unbalanced bids may also be rejected when determined to be in the best interest of the City. (I) Bidder fails to sign the non-collusive bidding certification. (m) The proposals fails to meet any other material requirement of the invitation for bids. (n) Telegraphic or facsimile bids will not be considered. 1.05 BID SECURITY Bid shall be accompanied by a bid security in the form of an acceptable Bid Bond, or certified check, cashier's check or money order made payable to the City of Seward. The amount of the bid security is 5% of the total amount bid, not to exceed $50,000. (Additive bid items appearing on the bid schedule shall be included as part of the total amount bid when determining the amount of bid guaranty for the project). BID BONDS MUST BE ACCOMPANIED BY A LEGIBLE POWER OF ATTORNEY If the bidder fails to furnish an acceptable bid security with the bid, the bid shall be rejected as non-responsive. Telegraphic notification of execution of a Bid Bond does not meet the requirements of bid security accompanying the bid. No individual surety will be accepted in lieu of Bid Bond, Certified Check, Cashier's Check or Money Order. The bid securities of the two lowest bidders will be held by the City until the contract has been executed, after which such bid securities will be returned. All other bid securities will be returned as soon as practicable. If all bids are rejected, all bid securities will be returned as soon as practicable. 1.06 BIDDER'S QUALIFICATIONS The bidder is to include a statement of facts, in detail, as to its previous experience in performing comparable work, his business and technical organization, as outlined in the Statement of SMIC Harbor Improvements , INFORMATION TO BIDDERS I 'Q Section 000100 Page 2 SECTION 000100- INFORMATION TO BIDDERS Qualifications, required with the Bid Section. The purpose of this information is to help establish that the bidder and its subcontractors are responsible and qualified to perform the work. 1.07 SUBMISSION OF BIDS All bids including any amendments or withdrawals must be received and time-stamped at either the City of Seward prior to Bid Closing at 3:00 p.m. on June 26,2015. Electronic or faxed bids or bid modifications will not be accepted. Bids shall be submitted on the forms furnished and must be in a sealed envelope marked as follows: BID FOR: CITY CLERK City of Seward P.O. BOX 167 SMIC Harbor Improvements 410 ADAMS STREET SEWARD, ALASKA 99664 Bids, bid modifications, or withdrawals transmitted by mail must be received in the above specified post office box no later than 60 minutes prior to the scheduled time of Bid Closing. Hand-delivered bids, bid modifications or withdrawals must be received by the City Clerk at the above specified physical address prior to Bid Closing. 1.08 ADDENDA REQUIREMENTS The bid documents provide for acknowledgment individually of all addenda to the bidding documents on the signature page of the Bid. All addenda shall be acknowledged on the Bid or by telegram or facsimile prior to the scheduled time of bid opening. If no addenda are received by the bidder, the word"None"should be shown as specified. 1.09 RECEIPT AND OPENING OF BIDS (a) All bids, including any Amendment, must be received by the City prior to the schedule time of the applicable bid opening. Any bid, Amendment, or withdrawal which has not been actually received by the City prior to the time of the scheduled bid opening will not be considered. (b) No responsibility will be attached to any officer or employee of the City for the premature opening of, or failure to open, a bid improperly addressed or identified. (c) The City reserves the right to waive any technicality in bids received when such waiver is in the interest of the City. (d) Selection of the low bidder will be made as described in the Special Conditions, Paragraph 900.12. 1.10 WITHDRAWAL OF BIDS Bids may be withdrawn by written request received from the bidders prior to the time fixed for opening. Negligence on the part of the bidder in preparing the bid confers no right for the withdrawal of bid after it has been opened. 1.11 BIDDERS PRESENT At the time fixed for bid opening, each bid will be opened and be made public. 1.12 REJECTION OF BIDS The City reserves the right to reject any and all bids or not to award a contract when such rejection is in the best interest of the City; to reject the bid of a bidder who has previously failed to perform properly, or complete on time, contracts of similar nature; to reject the bid of a bidder who SMIC Harbor Improvements INFORMATION TO BIDDERS 1 Section 000100 Page 3 SECTION 000100-INFORMATION TO BIDDERS is not, in the opinion of the Contracting Officer, in a position to perform the contract; and to reject a bid as non-responsive where the bidder fails to furnish the required documents, fails to complete required documents in the manner directed, makes unauthorized alterations to the bid documents or is deemed non-responsive to performance criteria. The City reserves the right to reject any bids from a bidder found to be not responsible pursuant to SCC 6.10.135. 1.13 BIDDERS PREFERENCE(CITY CODE) Seward City Code 6.10.230—Bid Award. The contract shall be let by the City Council to the lowest qualified responsive and responsible bidder; provided, that if the lowest bids are approximately equal, that is within the lesser of $5,000.00 or five percent of each other, preference may be given to local bidders who maintain and operate businesses within the boundaries of the Seward electrical utility service area. Local preference will be applied to the bid process except when specifically excluded within the request for bids.The city council may reject any or all bids and may waive minor irregularities in the bids. 1.14 AWARD OF CONTRACT (a) The City will provide the successful bidder a notice of intent to award a contract within 45 calendar days after the bid opening. However, the award of the contract is contingent upon approval of the Seward City Council, and if such approval is not granted the notice of intent to award becomes null and void. (b) The contract award is also contingent upon receiving all City, Borough, State and Federal permits. (c) Following approval of the City Council, the contract will be awarded to the successful bidder following receipt by the City of all required documents, properly executed within 14 calendar days following confirmation to the CONTRACTOR that the Council has approved the award. Failure to enter into a contract within the 14 day period shall be grounds for forfeiture of the bid security and consideration of the second low bid for award. 1.15 PAYMENT AND PERFORMANCE BONDS CONTRACTOR payment and performance bonds for the construction work are required. The successful bidder shall furnish these bonds using the forms either provided or approved by the City and in the amount of 100%of the total contract amount. Payment and Performance Bonds may be either of the following: (a) Corporate Surety. (Bonding Company)or, (b) Individual Surety. Adequacy of individual surety will be determined by the Contracting Officer. Where individual sureties are used, two individual sureties must each provide the City of Seward with security equal to the amount of each bond by use of an escrow account in the name of the City of Seward, Alaska, for the duration of the contract, and for 90 days after final acceptance and settlement of all outstanding claims. Acceptable securities should include, but not necessarily be limited to cash,treasury notes, bearer instruments having a specific value and money market certificates. Any costs incurred by the CONTRACTOR or individual surety shall be borne by the CONTRACTOR. An individual surety may be replaced by a Corporate Surety during the course of the contract period. If the surety desires to dispose of the collateral posted, the City may, at its option, accept substitute collateral. SMIC Harbor Improvements /2_ INFORMATION TO BIDDERS Section 000100 Page 4 SECTION 000100-INFORMATION TO BIDDERS 1.16 REQUIRED INSURANCE The successful bidder must submit a certificate of insurance, showing the types of coverage and limits of each, to the City before award can be made. Insurance coverage must contain worker's compensation (AS 23.30.45) and any other policies specifically listed in the contract general conditions and/or modifications to the general conditions and/or supplementary conditions. The certificate of insurance must contain the stipulation that the City shall be given not less than 30 days written notice in the event of any material change, cancellation or expiration of the insurance coverage listed. 1.17 INTERPRETATION OF CONTRACT DOCUMENTS PRIOR TO BIDDING If any person submitting a bid is in doubt as to the true meaning of any part of the Bid Document, he may submit to the Project Manager a written request for interpretation thereof not later than 7 days before the bids are to be opened: (a) The person submitting the request shall be responsible for its prompt delivery. (b) Interpretation or correction of the Bid Document will be made only by Addendum, and will be mailed or delivered to each bidder of record. (c) The City will not be responsible for any other explanations or interpretations of the Bid Documents. 1.18 REGISTRATION The bidder and its subcontractor(s) must be properly licensed and registered in the State of Alaska to perform the work. A current business license is required from the State of Alaska and City of Seward, along with the Kenai Peninsula Borough Tax Compliance Certification. 1.19 TITLE 36 Provisions of Alaska Title 36, Public Contracts, Laborers' and Mechanics' Minimum Rates of Pay, AS 36.05.010 and AS 36.05.030 are applicable to this contract. Also, the provisions for hiring preferences under AS 36.10.150—36.10.175 apply to this contract. 1.20 LIQUIDATED DAMAGES Provisions for liquidated damages are set forth in the contract. 1.21 WORK PLAN Provisions for submittal of a Work Plan, if required, are set forth in the contract. 1.22 DBE REQUIREMENTS The bidder must comply with all local, State, and Federal laws. 1.23 EQUAL EMPLOYMENT OPPORTUNITY Bidders are required to provide Equal Employment Opportunity(EEO), not discriminating against employees or applicants because of race, religion, color, national origin, age, physical handicap, sex, and marital status, changes in marital status, pregnancy or parenthood. SMIC Harbor Improvements I 1)-j9- - INFORMATION TO BIDDERS Section 000100 Page 5 SECTION 000200-REQUIRED DOCUMENTS DOCUMENTS REQUIRED WITH BID A. In order to be considered a responsive and acceptable bid, the bidder must sign and submit the following documents: 1. Bid Form (one original,two copies) 2. Bid Schedule(one original, two copies) 3. Bid Bond 4. Any bid revision must be mailed or hand-delivered prior to bid opening on the following form: Bid Modification. 5. Statement of Qualifications II. DOCUMENTS REQUIRED FOR AWARD A. In order to be awarded the contract, the successful bid must be completely filled out and the following documents submitted within the time specified in the notice of intent to award letter. 1. Construction Contract 2. Payment Bond 3. Performance Bond 4. Certificate of Insurance 5. Kenai Peninsula Borough Tax Compliance Certification 6. Subcontractor List B. In addition to the above, the CONTRACTOR must have a current Alaska Contractor's license, a current Alaska Business License, and, if a corporation, must be registered in Alaska. The successful bidder must have, or obtain, a current City of Seward Business License SMIC Harbor Improvements l� REQUIRED DOCUMENTS Section 000200 Page 1 BID FORM City of Seward, Alaska SMIC Harbor Improvements COMPANY NAME: ADDRESS: In compliance with your Invitation for Bid dated , the Undersigned proposes to furnish and deliver all materials and do all the work and labor required in the construction of the above referenced project, located at or near ,Alaska,according to the plans and specifications and for the amount and prices named herein as indicated on the Bid Schedule consisting of sheets,which is made part of this Bid. The undersigned declares that he has carefully examined the contract requirements and that he has made a personal examination of the site of the work;that he understands that the quantities,were such are specified in the Bid Schedule or on the plans for this project,are approximate only and subject to increase or decrease,and that he is willing to perform increased or decreased quantities of work at unit prices bid under the conditions set forth in the Contract Documents. The Undersigned hereby agrees to execute the said contract as directed or such further time as may be allowed in writing by the Contracting Officer after receiving notification of the acceptance of this bid, and it is hereby mutually understood and agreed that in case the Undersigned does not,the accompanying bid guarantee shall be forfeited to the Owner as liquidated damages,and the said Contracting Officer may proceed to award the contract to others. The Undersigned aggress to commence the work within 10 calendar days, and to complete the work within calendar days, after the effective date of the Notice to Proceed, unless extended in writing by the Contracting Officer. The Undersigned acknowledges receipt of the following addenda to the Bid Documents(give number and date of each). ADDENDA NUMBER DATE ISSUED ADDENDA NUMBER DATE ISSUED The Undersigned has read the foregoing bid and hereby agrees to the conditions stated therein by affixing his signature below: Bidding Company Signature: Title: CONTRACTOR'S LICENSE NUMBER: EXPIRES: BUSINESS ADDRESS: TELEPHONE: I�� BID MODIFICATION City of Seward Seward,Alaska SMIC Harbor Improvements Modification Number: Note: All revisions shall be made to the unadjusted bid amount(s) Changes to the adjusted bid amounts will be computed by the Owner or Owner's Representative. MAIL OR HAND-DELIVER ONLY. NO FAXED OR ELECTRONIC SUBMISSIONS WILL BE ACCEPTED. PAY PAY ITEM DESCRIPTION REVISION REVISION ITEM TO UNIT BID TO BID NO. PRICE+/- AMOUNT+/- TOTAL REVISION: $ Name of Bidding Firm Responsible Party Signature Date This form may be duplicated if additional pages are needed. Page of 1 o City Of Seward Bid Schedule Page 1 of 5 Project: SMIC Harbor Improvments: Phase 1 Contract Number: BASE BID ITEMS ITEM SPEC WORK DESCRIPTION PAY ESTIMATED UNIT BID TOTAL BID PRICE NO. NO. UNIT QUANTITY PRICE 1 015050 Mobilization And Demobilization LS 1 Total Amount In Words: 2 015700 Wildlife Observer LS 1 Total Amount In Words: 3 020000 Construction Survey LS 1 Total Amount In Words: 4 352023 Dredging and Disposal CY 111,509 Total Amount In Words: Install Owner-Furnished Primary Armor Rock- 5 353119 Class A Ton 5,100 Total Amount In Words: Install Owner-Furnished Primary Armor Rock- 6 353119 Class B Ton _ 5,200 Total Amount In Words: 7 353119 Furnish&Install Primary Armor Rock-Class A Ton 34,190 Total Amount In Words: 8 353119 Furnish&Install Primary Armor Rock-Class B Ton 43,650 Total Amount In Words: 9 353119 Furnish&Install Seconary Armor Rock-Class A Ton 21,430 Total Amount In Words: 10 353119 Furnish&Install Secondary Armor Rock-Class B Ton 35,080 Total Amount In Words: 11 353119 Furnish&Install Core Rock Ton 80,000 Total Amount In Words: 12 353119 Furnish&Install Bedding Material Ton _ 26,320 _ Total Amount In Words: 13 355015 Relocate Seafood Outfalls LS I 1 Total Amount In Words: 14 355015 Relocate Sanitary Sewer Outfall LS I 1 Total Amount In Words: 15 316216 18"Dia GaIv.Steel Piles,Furnish LF I 425 Total Amount In Words: Ibi City Of Seward Bid Schedule Page 2 of 5 Project: SMIC Harbor Improvments: Phase 1 Contract Number: BASE BID ITEMS ITEM SPEC WORK DESCRIPTION PAY ESTIMATED UNIT BID TOTAL BID PRICE NO. NO. UNIT QUANTITY PRICE 16 316216 18"Dia.Galt'.Steel Piles,Driven EA 6 Total Amount In Words: 17 355816 Navigational Aids,Furnish and Install LS 1 Total Amount In Words: 18 355816 Navigational Aid Lantern,Furnish and Install EA 2 Total Amount In Words: 19 265421 Anodes,Furnish and Install EA 5 _ Total Amount In Words: SUM OF BASE BID AMOUNT,IN FIGURES:$ SUM OF BASE BID AMOUNT, IN WORDS: COMPANY NAME: I c6 City of Seward Bid Schedule Page 3 of 5 Project: SMIC Harbor Improvements:Phase I Contract Number: ADDITIVE ALTERNATE A: REPLACE TURNING DOLPHIN ITEM SPEC ESTIMATED WORK DESCRIPTION PAY UNIT UNIT BID PRICE TOTAL BID PRICE NO. NO. QUANTITY A-1 316216 24"Dia.Galv.Steel Pile,Furnish LF 456 Total Amount In Words: A-2 316216 24"Dia.Galv.Steel Pile,Driven EA 4 Total Amount In Words: A-3 355905 Turning Dolphin,Furnish and Install LS 1 Total Amount In Words: A-4 015700 Wildlife Observer LS _ 1 Total Amount In Words: A-5 264214 Anodes,Furnish and Install EA 8 Total Amount In Words: A-6 055115 Catwalk,Furnish&Install LS 1 Total Amount In Words: SUM OF ADDITIVE ALTERNATE A AMOUNT,IN FIGURES:$ SUM OF ADDITIVE ALTERNATE A AMOUNT IN WORDS: COMPANY NAME: � 9JoI City Of Seward Bid Schedule Page 4 of 5 Project: SMIC Harbor Improvments: Phase 1 Contract Number: ADDITIVE ALTERNATE B:STOCKPILE ROCK ITEM ESTIMATED SPEC NO. WORK DESCRIPTION PAY UNIT UNIT BID PRICE TOTAL BID PRICE NO. QUANTITY B-1 353119 Stockpile Primary Armor Rock-Class A Ton 2,000 Total Amount In Words: B-2 353119 Stockpile Primary Armor Rock-Class B Ton 2,500 Total Amount In Words: SUM OF ADDITIVE ALTERNATE B AMOUNT,IN FIGURES:$ SUM OF ADDITIVE ALTERNATE B AMOUNT IN WORDS: COMPANY NAME: I kb City of Seward Bid Schedule Page 5 of 5 Project: SMIC Harbor Improvements: Phase I Contract Number: BID SUMMARY Schedule Bid(US$1 BASE BID ITEMS $ ADDITIVE ALTERNATE A: REPLACE TURNING DOLPHIN $ ADDITIVE ALTERNATE B:STOCKPILE ROCK $ TOTAL: $ TOTAL IN WORDS: Dollars Cents 1, ,hereinafter called Bidder,an individual doing business as ,(strike out inapplicable words)a partnership,a corporation incorporated in the State of Alaska,a joint venture,hereby submits this bid and agrees:to hold this bid open for forty five(45)days,to accept the provisions of the Instruction to Bidders,to accomplish the work in accordance with the contract documents, plans,specifications,for the lump sum and unit price amounts as set forth in this bid schedule. Respectfully submitted this day of ,2015. BIDDER: Company Name Authorizing Name Address Title City,State,Zip Code Signature Telephone Number Email Address Federal I.D.or S.S.N. CORPORATE SEAL: ATTEST: Signature of Corporate Sec. \141 SECTION 000320 - BID BOND CITY OF SEWARD P.O. BOX 167 SEWARD, ALASKA 99664 BID BOND DATE BOND EXECUTED PRINCIPAL(Legal name and business address) TYPE OF ORGANIZATION [ ] Individual [ ] Partnership [ ]Joint Venture [ ]Corporation SURETY(IES)(Name and business address) PENAL SUM OF BOND DATE OF BID ***«#**************##***#####****************************#*#*«*****************************************##****** NOW,THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid)and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected any extension of the time within which the Owner may accept such Bid: and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. Principal Surety (Seal) SMIC Harbor Improvements BID BOND 14n ih Section 000320 Page 1 SECTION 000360-STATEMENT OF QUALIFICATIONS BIDDING& CONTRACT REQUIREMENTS This form will be the basis of establishing the qualifications of the Construction Team for undertaking a construction project for the City of Seward. This questionnaire forms a part of the bid and failure to submit is a basis for rejection of the bid. If space for answering questions is insufficient, attachments are permitted. 1. GENERAL a. Legal Name and Address of Bidding Organization: b. Name,title, and telephone number of Bidder's representative for project: c. Organization Status(Check One): Corporation, Partnership, or Individual d. If Organization is a Corporation: Date of Incorporation: State in which Incorporated: Principal Officers: Name: Title: Date Assumed Position 2. FINANCIAL a. Have you ever failed to complete a contract due to insufficient resources? Yes No If yes, explain: SMIC Harbor Improvements STATEMENT OF QUALIFICATIONS I ik,) Section 000360 Page 1 SECTION 000360-STATEMENT OF QUALIFICATIONS b. Describe any arrangements you have made to finance this work: 3. EQUIPMENT a. Describe in detail the equipment you have available for this work. ITEM QUAN. MAKE MODEL SIZE/ PRESENT CAPACITY MARKET VALUE b. What percent of the total value of this contract do you intend to subcontract? c. Do you understand that if you are awarded this contract, you may be required to use some or all of the equipment listed above on the work covered by this contract? c. Do you propose to purchase any equipment for use on this project? Yes No If yes, describe type, quantity, and approximate cost: d. Do you propose to rent any equipment for this work? Yes No If yes, describe type and quantity: e. Is your proposal based on firm offers for all materials necessary for this project? Yes No 4. EXPERIENCE a. Have you had previous construction contracts or subcontracts with the City of Seward? Yes No Describe the most recent or current contract, completion date, and scope of work: SMIC Harbor Improvements STATEMENT OF QUALIFICATIONS 1 Section 000360 Page 2 SECTION 000360-STATEMENT OF QUALIFICATIONS b. List, as an attachment to this questionnaire, other construction projects you have completed; the dates of completion, scope of work, and total contract amount, for each project completed in the past 12 months. 5. SUBCONTRACTORS/MATERIAL SUPPLIERS List below all Subcontractors and major material suppliers. This listing does not fulfill the requirements of paragraph 6.13.1 of the General Conditions of the Construction Contract, and award of a contract does not constitute approval of the Subcontractors. Name/address Subcontractor/Material Supplier Specialty 1. 2. 3. 4. 5. I hereby certify that the above statements are true and complete. Dated at , this day of _ , 20 . Name of Contractor Signature Title of Person Signing SMIC Harbor Improvements STATEMENT OF QUALIFICATIONS I" Section 000360 Page 3 SECTION 000500-CONTRACT CITY OF SEWARD, ALASKA [PROJECT NAME AND NUMBER] 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 Company Name Company Address(Street or PO Box, City, State, Zip) a/an ❑ Individual ❑Partnership ['Joint Venture [Sole Proprietorship ['Corporation incorporated under the laws of the State of , 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 dollars ($ ) for all base items, additional work, and change orders. The Contractor further covenants and agrees that all materials shall be furnished and delivered and all work and labor shall be done and performed, in every respect, to the satisfaction of the City, on or before: or within calendar days following the date of notice to proceed. 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 dollars ($ ) 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$ Payment Bond, and$ SMIC Harbor Improvements CONTRACT Section 000500 Page 1 I1(P SECTION 000500-CONTRACT Performance Bond, to secure the proper compliance with the terms and provisions of this Contract, are submitted herewith and made a part hereof. The Contractor further covenants and agrees that the entire construction will be done under the administration of and to the complete satisfaction of the City subject to the inspection at all times and approval by any regulatory agency of the Local, State, or Federal Government of the United States of America, and in accordance with the laws of the State of Alaska and the City of Seward. For purposes of this Contract, Contracting Officer means 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) ; (2) IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and conditions. CONTRACTOR Company Name Signature of Authorized Company Representative Typed Name and Title Date CITY OF SEWARD Signature of City Manager Typed Name Date City Clerk (ATTEST) SMIC Harbor Improvements CONTRACT I li n Section 000500 Page 2 SECTION 000610-PERFORMANCE BOND For: Project Name and Number KNOW ALL WHO SHALL SEE THESE PRESENTS:that of as Principal and of 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 $ 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 counterparts, each one of which shall be deemed an original, this day of 20 . PRINCIPAL: SURETY By: By: Address: Address: Note: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners must execute Bond. SMIC Harbor Improvments PERFORMANCE BOND Section 000610 Page 1 SECTION 000620- PAYMENT BOND For: Project Name and Number KNOW ALL WHO SHALL SEE THESE PRESENTS: that of as Principal and of 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 $ 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 counterparts, each one of which shall be deemed an original, this day of 20_ PRINCIPAL: SURETY By: By: Address: Address: Note: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners must execute Bond. SMIC Harbor Improvements PAYMENT BOND Section 000620 Page 1 SECTION 000630 -TAX COMPLIANCE CERTIFICATION Kenai Peninsula Borough Tax Compliance Certification Form SMIC Harbor Improvements i TAX COMPLIANCE CERTIFICATION G (, j Section 000630 Page 1 Kenai Peninsula Borough 144 N.Binkley Soldotna, Alaska 99669-7599 BUSINESS: (907)714-2197 or(907)714-2175 ARP, •t, FAX: (907)714-2376 • " TAX COMPLIANCE CERTIFICATION FILL IN ALL INFORMATION REQUESTED, SIGN AND DATE, AND SUBMIT WITH BID OR PROPOSAL Reason for Certificate: For(Dept.): Date Recd by Finance: Business Name: Owner Name(s): a. Individual Business Mailing Address: b. Corporation Telephone: Fax: c. Partnership E-mail: d. Other As a business or individual, have you ever conducted business or owned real or personal property within the Kenai Peninsula Borough? Yes_No (If yes,please supply the following account numbers and sign below. If no,please sign below.) Kenai Peninsula Borough Code of Ordinances, Chapter 5.28.140, requires that businesses/individuals contracting to do business with the Kenai Peninsula Borough be in compliance with Borough tax provisions. No contract will be awarded to any individual or business who is found to be in violation of the Borough Code of Ordinances in the several areas of taxation. TAX ACCOUNTS/STATUS REAUPERSONAUBUSINESS PROPERTY ACCOUNTS (TO BE COMPLETED BY BOROUGH PERSONNEL) Number Account Name YEAR LAST PAID BALANCE DUE IN COMPLIANCE YES I:I NO 0 Kenai Peninsula Borough Finance Dept (Signature Required) Date TAX ACCOUNTS/STATUS SALES TAX ACCOUNTS (TO BE COMPLETED BY BOROUGH PERSONNEL) Number Account Name FILED THRU M!F's BALANCE DUE IN COMPLIANCE YES El NO Kenai Peninsula Borough Sales Tax(Signature Required) Date ,the ,hereby certify that,to the best of my knowledge, the above (Name of Applicant) (Title) information is correct as of (Date) (Signature of Applicant-Required) *" *IF ANY BUSINESS IS CONDUCTED OR IS AWARDED A BID WITHIN THE KENAI PENINSULA BOROUGH YOU MUST BE REGISTERED TO COLLECT SALES TAX. THE SAALEII S TAX DEPARTMENT CAN BE REACHED AT(907)714-2175. ( yJl Revised 1/4/11 SECTION 000640 - CITY BUSINESS LICENSE APPLICATION City of Seward Business License Application Form SMIC Harbor Improvement (/ `- CITY BUSINESS LICENSE APPLICATION Section 000640 Page 1 { 4 CITY BUSINESS LICENSE APPLICATION 4(850" City of Seward • Check in the amount of$30(Non-refundable annual fee) City Clerk Copy of State Business License(or proof that you have filed) P.O.Box 167 Copy of Borough Sales Tax Registration Card(or Registration No. • 410 Adams Street Copy of any required occupational licenses Seward,AK 99664 Your city business license will be issued within one week of the date the City Clerk has verified the above and has received proof that all of your tax and other accounts with the City and the Kenai Peninsula Borough are current. Telephone:907-224-4046 Annual renewals are due January 31&Seasonal(May 1-Sept.30)are due May 1st Fax: 907-224-4038 If your business license application is submitted between January I and September 30,your license will be issued for the remainder of that calendar year. If your application is submitted between October I and December 31,the license will be issued for the remaining period of the year in which you applied and for all of the following calendar year. This does not apply to renewals. Legal Name of Business Entity: Date: Mailing Address for LICENSE&RENEWAL: City: State: Zip: Telephone: Cell: Email Addresses: Please Describe Your Business Activity and how it will be conducted: Physical Business Location in Seward: Business Category: DRetail ['Tour Operator Transportation['Communication Services['Professional Services ['Charter ['Automotive ❑Construction ❑Childcare DB&B/Lodging(nightly) El Monthly rental ❑Engineering ❑Educational❑Fourth ofJuly Vendor❑Other Owner Name(s): Social Security Number of one owner or Business Employer Identification Number: Business is: ❑ Partnership(Make sure all partners are listed) ❑LLC(Limited Liability Company) ❑ Corporation(List corporate officer's names below) ❑Nonprofit❑Sole Proprietorship Please note Zoning limitations:A business license does not authorize the holder to conduct business in violation of any zoning ordinance.If the applicant ceases to engage in business or change its name,nature or business location,the business license expires.You must provide a physical business location.(A post office box or mail drop is not a physical business location.) CORPORATE OFFICERS FOR OFFICE USE ONLY PAID:CASH/CHECK NO. DATA ENTRY President: NOTICE SENT: ACCTS.VERIFIED: ZONING DISTRICT: Use ALLOWED? Vice President: NOTE: Secretary: ISSUED: LICENSE#: EXPIRES: RECEIVED(DATE at INITIALS): As Applicant,I ,certify or declare under penalty of perjury under the laws of the State of Alaska that the foregoing is true and correct. Signature Printed Name Title Date 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'h of 1%of the contract amount. or [ ] Subcontractor List is as follows: LIST FIRST TIER SUBCONTRACTORS ONLY FIRM NAME, AK BUSINESS LICENSE NO., SCOPE OF WORK TO ADDRESS, CONTRACTOR'S BE PERFORMED PHONE NO. REGISTRATION NO. CONTINUE SUBCONTRACTOR INFORMATION ON REVERSE I hereby certify the listed Alaska Business licenses and Contractor's registrations were valid at the time bids were opened for this project. Signature of Authorized Company Representative Title Company Name Company Address(Street or PO Box,City,State,Zip) Date Phone Number l�tk Form 25D-5 (10/09) Page 1 of 2 FIRM NAME, AK BUSINESS LICENSE NO., SCOPE OF WORK TO ADDRESS, CONTRACTOR'S BE PERFORMED PHONE NO. REGISTRATION NO. Form 25D-5 (10/09) ` `j Page 2 of 2 SECTION 000700 -GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF SEWARD, ALASKA ARTICLE I - DEFINITIONS 4 ARTICLE 2 -AUTHORITIES& LIMITATIONS 7 2.1 Authorities and Limitations 7 2.2 Evaluations by Contracting Officer 8 2.3 Means&Methods 8 2.4 Visits to the Site/Place of Business 8 ARTICLE 3-CONTRACT DOCUMENTS: INTENT,AMENDING, REUSE 8 3.1 Incomplete Contract Documents 8 3.2 Copies of Contract Documents 8 3.3 Scope of Work 9 3.4 Intent of Contract Documents 9 3.5 Discrepancy in Contract Documents 9 3.6 Clarifications and Interpretations 10 3.7 Reuse of Documents 10 ARTICLE 4-LANDS AND PHYSICAL CONDITIONS 10 4.1 Availability of Lands 10 4.2 Visit to Site 10 4.3 Explorations and Reports 10 4.4 Utilities 10 4.5 Damaged Utilities 11 4.6 Utilities Not Shown or Indicated 11 4.7 Survey Control 12 ARTICLE 5- BONDS,. INSURANCE, AND INDEMNIFICATION 12 5.1 Delivery of Bonds 12 5.2 Bonds 12 5.3 Replacement of Bond and Surety 12 5.4 Insurance Requirements 13 5.5 Indemnification 14 ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES 15 6.1 Supervision of Work 15 6.2 Superintendence by CONTRACTOR 15 6.3 Character of Workers 15 6.4 CONTRACTOR to Furnish 15 6.5 Materials and Equipment 15 6.6 Anticipated Schedules 15 6.7 Finalizing Schedules 16 6.8 Adjusting Schedules 16 6.9 Substitutes or"Or Equal" Items 16 6.10 Substitute Means and Methods 17 6.11 Evaluation of Substitution 17 6.12 Dividing the Work 17 6.13 Subcontractors 17 6.14 Use of Premises 18 6.15 Structural Loading 18 6.16 Record Documents 18 6.17 Safety and Protection 19 6.18 Safety Representative 19 6.19 Emergencies 19 6.20 Shop Drawings and Samples: 19 6.21 Shop Drawing and Sample Review 20 6.22 Maintenance During Construction 21 6.23 Continuing the Work 21 6.24 Consent to Assignment 21 6.25 Use of Explosives 21 SMIC Harbor Improvements GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT I A Section 000700 Page 1 SECTION 000700 -GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 6.26 CONTRACTOR'S Records 21 ARTICLE 7-LAWS AND REGULATIONS 22 7.1 Laws to be Observed 22 7.2 Permits, Licenses, and Taxes 22 7.3 Patented Devices, Materials and Processes 22 7.4 Compliance of Specifications and Drawings 22 7.5 Accident Prevention 23 7.6 Sanitary Provisions 23 7.7 Business Registration 23 7.8 Professional Registration and Certification 23 7.9 Local Building Codes 23 7.10 Air Quality Control 23 7.11 Archaeological or Paleontological Discoveries 23 7.12 Alaska Agricultural Products 23 7.13 Preferential Employment 24 7.14 Wages and Hours of Labor 24 7.15 Overtime Work Hours and Compensation 24 7.16 Covenant Against Contingent Fees 25 7.17 Officials Not To Benefit 25 7.18 Personal Liability of Public Officials 25 ARTICLE 8-OTHER WORK 25 8.1 Related Work At Site 25 8.2 Access, Cutting, and Patching 25 8.3 Defective Work By Others 26 8.4 Coordination 26 ARTICLE 9-CHANGES 26 9.1 CITY'S Right To Change 26 9.2 Authorization of Changes within the General Scope 26 9.3 Directive 26 9.4 Change Order 27 9.5 Shop Drawing Variations 27 9.6 Changes Outside the General Scope; Supplemental Agreement 27 9.7 Unauthorized Work 27 9.8 Notification of Surety 27 9.9 Differing Site Conditions 28 ARTICLE 10-CONTRACT PRICE; COMPUTATION AND CHANGE 28 10.1 Contract Price 28 10.2 Claim For Price Change 28 10.3 Change Order Price Determination 28 10.4 "Cost of the W ork\ 29 10.5 Excluded Costs 30 10.6 CONTRACTOR's Fee 31 10.7 Cost Breakdown 31 10.8 Cash Allowances 31 10.9 Unit Price Work 32 10.10 Determinations for Unit Prices 32 ARTICLE 11 -CONTRACT TIME; COMPUTATION AND CHANGE 32 11.1 Commencement of Contract Time 32 11.2 Starting the Work 33 11.3 Computation of Contract Time 33 11.4 Time Change 33 11.5 Extension Due to Delays 33 11.6 Essence of Contract 33 11.7 Reasonable Completion Time: 33 11.8 Delay Damages 34 ARTICLE 12-QUALITY ASSURANCE 34 SMIC Harbor Improvements GENERAL CONDITIONS OF THE i1 CONSTRUCTION CONTRACT I Section 000700 Page 2 SECTION 000700 -GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 12.1 Warranty and Guaranty 34 12.2 Access to Work 34 12.3 Tests and Inspections 34 12.4 Uncovering Work 35 12.5 CITY May Stop the Work 35 12.6 Correction or Removal of Defective 35 12.7 One Year Correction Period 35 12.8 Acceptance of Defective Work 36 12.9 CITY May Correct Defective Work 36 ARTICLE 13-PAYMENTS TO CONTRACTOR AND COMPLETION 36 13.1 Schedule of Values 36 13.2 Preliminary Payments 36 13.3 Application For Progress Payment 37 13.4 Review of Application for Progress Payment 37 13.5 Stored Materials and Equipment 37 13.6 CONTRACTOR's Warranty of Title 37 13.7 Withholding of Payments: 37 13.8 Retainage 38 13.9 Request for Release of Funds 38 13.10 Substantial Completion 38 13.11 Access Following Substantial Completion 38 13.12 Final Inspection 39 13.13 Final Completion and Application for Payment 39 13.14 Final Payment 39 13.15 Final Acceptance 39 13.16 CONTRACTOR's Continuing Obligation 39 13.17 Waiver of Claims by CONTRACTOR 40 13.18 No Waiver of Legal Rights 40 ARTICLE 14-SUSPENSION OF WORK, DEFAULT AND TERMINATION 40 14.1 CITY May Suspend Work 40 14.2 Default of Contract 40 14.3 Rights or Remedies 42 14.4 Convenience Termination 42 ARTICLE 15-CLAIMS AND DISPUTES 44 15.1 Notification 44 15.2 Presenting Claim 44 15.3 Claim Validity,Additional Information, and Project Manager's Actions 44 15.4 Contracting Officer's Decision 44 15.5 Notice of Appeal 45 15.6 City Manager's Decision 45 ACKNOWLEDGMENT This document is adapted for City of Seward use from "The State of Alaska, General Conditions of the Construction Contract for Buildings" which is based on the "Standard General Conditions of the Construction Contract"as published by the National Society of Professional Engineers(document number 1910-8, 1983 edition) on behalf of the Engineers Joint Construction Documents Committee. Portions of the NSPE General Conditions are reprinted herein by the express permission of NSPE to the State of Alaska. Modifications to the NSPE text are made to provide for State laws, regulations, and established procedures. The granting of permission by NSPE to allow the State of Alaska to reprint portions of the NSPE document 1910-8, 1983 edition does not constitute approval of the State of Alaska General Conditions of the Construction Contract for Buildings. SMIC Harbor Improvements GENERAL CONDITIONS OF THE 16 Q CONSTRUCTION CONTRACT U Section 000700 Page 3 SECTION 000700-GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT ARTICLE I- DEFINITIONS Wherever used in the Contract Documents the following terms, or pronouns in place of them, are used, the intent or meaning, unless a different intent or meaning is clearly indicated, shall be interpreted as set forth below. The titles and headings of the Sections, Subsections and Articles herein are intended for convenience of reference and shall not be considered as having bearing on their interpretation. Whenever used in the Specifications or other Contract Documents the following terms have the meaning indicated which are applicable to both the singular and plural thereof. Working titles which have a masculine gender, are intended to refer to person of either sex. Terms not defined below shall have their ordinary accepted meanings within the context which they are used. "Webster's Third New International Dictionary of the English Language, Unabridged, Copyright 1961," or subsequent revision thereof shall provide ordinarily accepted meanings. Words which have a well-known technical or trade meaning when used to describe work, materials or equipment shall be interpreted in accordance with such meaning. Words defined in Article 1 are capitalized throughout these General Conditions. Addenda -All clarifications, corrections, or changes issued graphically or in writing by the CITY after the advertisement but prior to the opening of proposals. Advertisement - The public announcement, as required by law, inviting bids for work to be performed or materials to be furnished. Application for Payment - The form provided by the CITY which is to be used by the CONTRACTOR in requesting progress or final payments and which is to include such supporting documentation as is required by the Contract Documents. Approved or Approval - Means written approval by the Contracting Officer er his authorized representative as defined in Article 2.1. A.S.. - Initials which stand for Alaska Statute. Award-The acceptance, by the City, of the successful bid. Bid Bond-A type of Proposal Guaranty. Bidder - Any individual, firm, corporation or any acceptable combination thereof, or joint venture submitting a bid for the advertised Work. Calendar Day-Every day shown on the calendar, beginning and ending at midnight. Change Order - A written order by the CITY directing changes to the Contract Documents, within their general scope. CITY-The City of Seward. References to"Owner,"and "Contracting Agency,"mean the CITY. Conditions of the Contract - Those portions of the Contract Documents which define the rights and responsibilities of the contracting parties and of others involved in the Work. The Conditions of the Contract include General Conditions, Supplementary Conditions and other conditions. SMIC Harbor Improvements GENERAL CONDITIONS OF THE /()\1 CONSTRUCTION CONTRACT Section 000700 Page 4 SECTION 000700 -GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Consultant - The person, firm, or corporation retained directly by the CITY or its Project Manager to prepare Contract Documents, perform construction administration services, or other Project related services. Contract - The written agreement between the CITY and the CONTRACTOR setting forth the obligations of the parties and covering the Work to be performed, all as required by the Contractor Documents. Contract Documents - The Contract form, Addenda, the bidding requirements and CONTRACTOR'S bid (including all appropriate bid tender forms), the bonds, the Conditions of the Contract and all other Contract requirements, the Specifications, and the Drawings furnished by the CITY to the CONTRACTOR, together with all Change Orders and documents approved by the Contracting Officer for inclusion, modifications and supplements issued on or after the Effective Date of the Contract Contracting Officer - The person authorized by the City of Seward to enter into and administer the Contract on behalf of the CITY. He has authority to make findings, determinations and decisions with respect to the Contract and, when necessary, to modify or terminate the Contract. The Contracting Officer is identified on the construction Contract. Contractor - The individual, firm, corporation or any acceptable combination thereof, contracting with the CITY or performance of the WORK. Contract Price - The total moneys payable by the CITY to the CONTRACTOR under the terms of the Contract Documents. Contract Time - The number of Calendar Days or the day specified in the construction Contract and authorized time extensions which identify how much time the CONTRACTOR is allowed to achieve Final Completion. Defective - An adjective which refers to WORK that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, tests or approval referred to in the Contract Documents, or has been damaged prior to the CITY's approval of final payment. Directive - A written communication to the CONTRACTOR from the Contracting Officer interpreting or enforcing a Contract requirement or ordering commencement of an item of work. Drawings - The drawings which show the character and scope of the Work to be performed and which have furnished the CITY or the DEPARTMENT's Consultant and are by reference made a part of the Contract Documents. Effective Date of the Contract-The date on which the Contract is fully executed by both CONTRACTORS and the CITY. Final Acceptance — The CITY's written acceptance of the Work following Final Completion and the performance of all Contract requirements by the Contractor. Final Completion - The Work (or specified part thereof) has progressed to the point that all work is complete as determined by the Contracting Officer. General Requirements - Sections of Division 1 of the Specifications which contain administrative and procedural requirements as well as requirements for temporary facilities which apply to Specification Divisions 2 through 16. Holidays- In the City of Seward, Holidays occur on: 1. New Years Day-January 1 2. President's day-Third Monday in February SMIC Harbor Improvements GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 1 ( D Section 000700 Page 5 SECTION 000700 -GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 3. Seward's Day-Last Monday in March 4. Memorial Day- Last Monday in May 5. Independence Day-July 4 6. Labor Day- First Monday in September 7. Alaska Day-October 18 8. Veteran's Day-November 11 9. Thanksgiving Day-Fourth Thursday in November 10. Friday Following Thanksgiving Day- Fourth Friday in November 11. Christmas Eve- December 24 Half Day 12. Christmas Day- December 25 13. Every day designated by public proclamation by the Seward City Council. If any Holiday listed above falls on a Saturday, Saturday and the preceding Friday are both legal Holidays. If the Holiday should fall on a Sunday, Sunday and the following Monday are both legal Holidays. Install - Means to build into the Work, ready to be used in complete and operable condition and in compliance with Contract Documents. Invitation for Bids -A portion of the bidding documents soliciting bids for the Work to be performed. Notice of Intent to Award - The written notice by the CITY to all Bidders identifying the apparent successful Bidder and establishing the CITY's intent to execute the Contract when all conditions required for execution of the Contract are met. Notice to Proceed -A written notice to the CONTRACTOR to begin the Work and establishing the date on which the Contract Time begins. Payment Bond - The security furnished by the CONTRACTOR and his Surety to guarantee payment of the debts covered by the bond. Performance Bond - The security furnished by the CONTRACTOR and his Surety to guarantee performance and completion of the Work in accordance with the Contract. Project-The total construction, of which the Work performed under the Contract Documents is the whole or a part,where such total construction may be performed by more than one CONTRACTOR. Proiect Manager - The authorized representative of the Contracting Officer who is responsible for administration of the Contract. Proposal -The offer of a Bidder, on the prescribed form to perform the Work at the prices quoted. Proposal Guaranty - The security furnished with a Proposal to guarantee that the bidder will enter into a Contract if his Proposal is accepted by the CITY. Regulatory Requirements-Laws, rules, regulations, ordinances, codes and/or orders. Schedule of Values - The CITY's document, submitted by the CONTRACTOR and reviewed by the Contracting Officer, which shall serve as the basis for computing payment and for establishing the value of separate items of Work of which comprise the Contract Price. Shop Drawings - All drawings, diagrams, illustrations, schedules and other data which are specially prepared by or for the CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance chart, instructions, diagrams and other information prepared by a Supplier and submitted by the CONTRACTOR to illustrate material, equipment, fabrication, or erection for some portion of the WORK. Specifications - Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative and procedural details applicable thereto. SMIC Harbor Improvements GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 6 SECTION 000700-GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Subcontractor - An individual, firm, or corporation to whom the CONTRACTOR or any other Subcontractor sublets part of the Contract. Substantial Completion - Although not fully completed, the Work (or a specified part thereof) has progressed to the point where, in the opinion of CITY as evidenced by the CITY's written notice, it is sufficiently complete, in accordance with the Contract Documents, so that the Work(or specified part)can be utilized for the purposes for which it is intended. The terms "Substantially Complete"and "Substantially Completed"as applied to any work refer to Substantial Completion thereof. Supplemental Agreement-A written agreement between the CONTRACTOR and the CITY covering work that is not within the general scope of the Contract. Supplementary Conditions - The part of the Contract Documents which amends or supplements these General Conditions. Supplier-A manufacturer, fabricator, distributor, materialman or vendor of materials or equipment. Surety - The corporation, partnership, or individual, other than the CONTRACTOR, executing a bond furnished by the CONTRACTOR. Unit Price Work-Work to be paid for on the basis of unit prices. Using Agency-The entity who will occupy or use the completed Work. Work - Work is the act of, and the result of, performing services, furnishing labor, furnishing and incorporating materials and equipment into the Project and performing other duties and obligations, all as required by the Contract Documents. Such Work, however, incremental, will culminate in the entire completed Project, or the various separately identifiable parts thereof. ARTICLE 2 -AUTHORITIES &LIMITATIONS. 2.1 Authorities and Limitations: 2.1.1 The Contracting Officer alone shall have the power to bind the CITY and to exercise the rights, responsibilities, authorities and functions vested in the Contracting Officer by the Contract Documents, except that the Contracting Officer shall have the right to designate in writing authorized representatives to act for him. Wherever any provision of the Contract Documents specifies an individual or organization, whether governmental or private, to perform any act on behalf of or in the interests of the CITY that individual or organization shall be deemed to be the Contracting Officer's authorized representative under this Contract but only to the extent so specified. The Contracting Officer may, at any time during the performance of this Contract, vest in any such authorized representatives additional power and authority to act for the Contracting Officer or designate additional representatives, specifying the extent of their authority to act for the Contracting Officer; a copy of each document vesting additional authority in or removing that authority from an authorized representative or designating an additional authorized representative shall be furnished to the CONTRACTOR. The City Manager reserves the right to appoint a new Contracting Officer without affecting any of the CONTRACTOR's obligations to the CITY under this Contract. 2.1.2. The Contractor shall perform the Work in accordance with any written order (including-but not limited to instruction, direction, interpretation or determination issued by an authorized representative in accordance with the authorized representative's authority to act for the Contracting Officer. The CONTRACTOR assumes all the risk and consequences of performing the Work in accordance with any order including but not limited to instruction, direction, interpretation or determination) of anyone not authorized to issue such order, and of any order not in writing. SMIC Harbor Improvements GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT (19)-, Section 000700 Page 7 SECTION 000700 -GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 2.1.3 Should the Contracting Officer or his authorized representative designate Consultant(s) to act for the CITY as provided for in Paragraph 2.1.1, the performance or nonperformance of the Consultant under such authority to act, shall not give rise to any contractual obligation or duty of the Consultant to the CONTRACTOR, any Subcontractor, any Supplier, or any other organization performing any of the Work or any Surety representing them. 2.1.4 The term "Contracting Officer" when used in the text of these General Conditions or other Contract Documents following this section shall also mean any duly authorized representative of the Contracting Officer when authorized in accordance with Paragraph 2.1.1. 2.2 Evaluations by Contracting Officer: 2.2.1 The Contracting Officer will decide all questions which may arise as to; a. Quality and acceptability of materials furnished; b. Quality and acceptability of Work performed; c. Compliance with the schedule-of progress; d. Interpretation of Contract Documents; e. Acceptable fulfillment of the Contract on the part of the CONTRACTOR. 2.2.2 In order to avoid cumbersome terms and confusing repetition of expressions in the Contract Documents the terms "as required," "as approved" or terms of like effect or import are used, or the adjectives "reasonable," "suitable," "acceptable," "proper" or "satisfactory" or adjectives of like effect or import are used it shall be understood as if the expression were followed by the words "the Contracting Officer." When such terms are used to describe a requirement, direction, review or judgment of the Contracting Officer as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). 2.2.3 The use of any such term or adjective shall not be effective to assign to the CITY any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraphs 2.3 or 2.4. 2.3 Means & Methods: The means, methods, techniques, sequences or procedures of construction, or safety precautions and the program incident thereto, and the failure to perform or furnish the Work in accordance with the Contract Documents are the sole responsibility of the CONTRACTOR. 2.4 Visits to the Site/Place of Business: The Contracting Officer will make visits to the site and approved remote storage sites at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. Such observations or the lack of such observations shall in no way relieve the CONTRACTOR from his duty to perform the Work it accordance with the Contract Documents. ARTICLE 3 -CONTRACT DOCUMENTS: INTENT,AMENDING, REUSE 3.1 Incomplete Contract Documents: The submission of a bid by the Bidder is considered a representation that the Bidder examined the Contract Documents to make certain that all sheets and pages were provided and that the Bidder is satisfied as to the conditions to be encountered in performing the Work. The CITY expressly denies any responsibility or liability for a bid submitted on the basis of an incomplete set of Contract Documents. 3.2 Copies of Contract Documents: SMIC Harbor Improvements GENERAL CONDITIONS OF THE �] CONSTRUCTION CONTRACT l/ Section 000700 Page 8 SECTION 000700-GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT The CITY shall furnish to the CONTRACTOR up to ten copies of the Contract Documents. Additional copies will be furnished, upon request, at the cost of reproduction. 3.3 Scope of Work: The Contract Documents comprise the entire Contract between the CITY and the CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the Regulatory Requirements of the place of the Project. It is specifically agreed between the parties executing this Contract that it is not intended by any of the provisions of the Contract to create in the public or any member thereof a third party benefit, or to authorize anyone not a party to this Contract to maintain a suit pursuant to the terms or provisions of the Contract. 3.4 Intent of Contract Documents: 3.4.1 It is the intent of the Contract Documents to describe a functionally complete Project to be constructed in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied, without any adjustment in Contract Price or Contract Time, whether or not specifically called for. 3.4.2 Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the Regulatory Requirements of any governmental authority, whether such reference be specific or by implication, shall mean the edition stated in the Contract Documents or if not stated the latest standard specification, manual, code or Regulatory Requirements in effect at the time of Advertisement for the Project (or, on the Effective Date of the Contract if there was no Advertisement). However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of the CITY and the CONTRACTOR, or any of their consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to the CITY or any of the CITY's Consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraphs 2.3 or 2.4. 3.5 Discrepancy in Contract Documents: 3.5.1. Before undertaking the Work, the CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures, and dimensions she an thereon and all applicable field measurements.Work in the area by the CONTRACTOR shall imply verification of figures, dimensions and field measurements. If, during the above study or during the performance of the Work, the Contractor finds a conflict, error, discrepancy or omission in the Contract Documents and any standard specification, manual, code, or Regulator Requirement which affects the Work, the 3.5.1 CONTRACTOR shall promptly report such discrepancy in writing to the Contracting Officer. The CONTRACTOR shall obtain a written interpretation or clarification from the Contracting Officer before proceeding with any Work affected thereby. Any adjustment made by the CONTRACTOR without this determination shall be at his own risk and expense. However, the CONTRACTOR shall not be liable to the CITY for failure to report any conflict, error or discrepancy in the Contract Documents unless the CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. 3.5.2 Discrepancy-Order of Precedence: When conflicts, errors, or discrepancies within the Contract Documents exist, the order precedence from most governing to least governing will be as follows: SMIC Harbor Improvements GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT C VI Section 000700 Page 9 SECTION 000700-GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Contents of Addenda Supplementary Conditions General Conditions General Requirements Technical Specifications Structure/Staking Data Sheets Drawings (recorded dimensions will govern over scaled dimensions, large scale details over small scale, schedules over plans, architectural drawings over structural drawings over mechanical and electrical drawings) 3.6 Clarifications and Interpretations: The Contracting Officer will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents as the Contracting Officer may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. 3.7 Reuse of Documents: Neither the CONTRACTOR nor any Subcontractor, or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with the CITY shall have or acquire any title to or ownership rights in any of the Contract Documents on extensions of the Project or any other project without written consent of the Contracting Officer. Contract Documents prepared by the CONTRACTOR in connection with the Work shall become the property of the CITY. ARTICLE 4-LANDS AND PHYSICAL CONDITIONS 4.1 Availability of Lands: The CITY shall furnish as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated for use of the CONTRACTOR in connection with the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the CITY, unless otherwise provided in the Contract Documents. The CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2 Visit to Site: The submission of a bid by the CONTRACTOR is considered a representation that the CONTRACTOR has visited and carefully examined the site and is satisfied as to the conditions to be encountered in performing the Work and as to the requirements of the Contract Documents. 4.3 Explorations and Reports: Reference is made to the Supplementary Conditions for identification of those reports of explorations and tests of subsurface conditions at the site that have been utilized by the CITY in preparation of the Contract Documents. The CONTRACTOR may for his purposes rely upon the accuracy of the factual data contained in such reports, but not upon interpretations or opinions drawn from such factual data contained therein or for the completeness or sufficiency thereof. Except as. indicated in the immediately preceding sentence and in paragraphs 4.4 and 9.9, CONTRACTOR shall have full responsibility with respect to surface and subsurface conditions at the site. 4.4 Utilities: SMIC Harbor Improvements GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT / Section 000700 Page 10 SECTION 000700 -GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 4.4.1 The horizontal and vertical locations of known underground utilities as shown or indicated by the Contract Documents are approximate and are based on information and data furnished to the CITY by the owners of such underground utilities. 4.4.2 The CONTRACTOR shall have full responsibility for: a. Reviewing and checking all information and data concerning utilities. b. Locating all underground utilities shown or indicated in the Contract Documents which are affected by the Work. c. Coordination of the Work with the owners of all utilities during construction. d. Safety and protection of all utilities as provided in paragraph 6.17. e. Repair of any damage to utilities resulting from the Work in accordance with 4.4.4 and 4.5. 4.4.3 If Work is to be performed by any utility owner, the CONTRACTOR shall cooperate with such owners to facilitate the Work. 4.4.4 In the event of interruption to any utility service as a result of accidental breakage or as result of being exposed or unsupported, the CONTRACTOR shall promptly notify the utility owner and the Contracting Officer. If service is interrupted, repair work shall be continuous until the service is restored. No Work shall be undertaken around fire hydrants until provisions for continued service has been approved by the local fire authority. 4.5 Damaged Utilities: When utilities are damaged by the CONTRACTOR, the utility owner shall have the choice of repairing the utility or having the CONTRACTOR repair the utility. In the following circumstances, the CONTRACTOR shall reimburse the utility owner for repair costs or provide at no cost to the utility owner or the CITY, all materials, equipment and labor necessary to complete repair of the damage: a. When the utility is shown or indicated in the Contract Documents. b. When the utility has been located by the utility owner. c. When no locate was requested by the Contractor for utilities shown or indicated in the Contract Documents. d. All visible utilities. e. When the CONTRACTOR could have, otherwise, reasonably been expected to be aware of such utility. 4.6 Utilities Not Shown or Indicated: If, while directly performing the Work, an underground utility is uncovered or revealed at the site which was not shown or indicated in the Contract Documents and which the CONTRACTOR could not reasonably have been expected to be aware of, the CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work affected thereby (except in an emergency as permitted by paragraph 6.19) identify the owner of such underground utility and give written notice thereof to that owner and to the Contracting Officer. The Contracting Officer will promptly review the underground utility to determine the extent to which the Contract Documents and the Work should be modified to reflect the impacts of the discovered utility. The Contract Documents will be amended or supplemented in accordance with paragraph 9.2 and to the extent necessary through the issuance of a change document by the Contracting Officer. During such time, the CONTRACTOR shall be responsible for the safety and protection of such underground utility as provided in paragraph 6.17. The CONTRACTOR may be allowed an increase in the Contract Price or an extension of the Contract Time, or both, to the extent that they are directly attributable to the existence of any underground utility that was not shown or indicated in SMIC Harbor Improvements GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 4 Y Section 000700 Page 11 SECTION 000700 -GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT the Contract Documents and which they CONTRACTOR could not reasonably have been expected to be aware of. 4.7 Survey Control: The CITY will identify sufficient horizontal and vertical control data to enable the CONTRACTOR to survey and layout the Work. All survey work shall be performed under the direct supervision of a registered land surveyor when required by paragraph 7.8. Copies of all survey notes will be provided the CITY on a weekly basis with variations between the Contract Documents and actual field conditions identified. Survey notes are to be in a format acceptable to the CITY. ARTICLE 5-BONDS,. INSURANCE,AND INDEMNIFICATION 5.1 Delivery of Bonds: When the CONTRACTOR delivers the executed Contract to the Contracting Officer, the CONTRACTOR shall also deliver to the Contracting Officer such bonds as the CONTRACTOR may be required to furnish in accordance with paragraph 5.2. 5.2 Bonds: The CONTRACTOR shall furnish Performance and Payment Bonds, each in an amount as shown on the Contract as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These bonds shall remain in effect for one year after the date of Final Acceptance and until all obligations under this Contract, except special guarantees as per 12.7, have been met. All bonds shall furnished on forms provided by the CITY (or copies thereof) and shall be executed by such Sureties as are authorized to do business in the State of Alaska. The Contracting Officer may at his option copy the Surety with notice of any potential default or liability. At the option of the CONTRACTOR, bonds may be provided by individual Surety the adequacy of which shall be determined by the Contracting Officer. Any costs incurred by the CONTRACTOR or individual Surety shall be borne by the CONTRACTOR. Where individual Sureties are used, two individual Sureties must each provide the City of Seward with security equal to the amount of each bond by one, or a combination of,the following methods: a. Escrow account in the name of the CITY for the duration of the Contract. Acceptable securities would include, but not necessarily be limited to: cash; treasury notes; bearer instruments having a specific value, or; money market certificates. b. First "Deed of Trust" with the CITY designated as beneficiary, against the unencumbered value of the real property located within the State of Alaska, or an agreement by any second party, including deeds of trust, mortgage, lien or judgment interests to subrogate their interest to that of the City of Seward in the real property which has been offered by the individual Surety. A title insurance policy with the City of Seward as a named beneficiary and a current (within 3 months)professional appraisal or assessed valuation will be required to ascertain the true value of the property offered as collateral. If buildings or other valued improvements are involved then fire and casualty insurance with the City of Seward as a named insured and in limits and coverages acceptable to the Contracting Officers shall be required. The appraiser shall acknowledge in writing that the appraisal is prepared for the benefit of the CITY and the CITY has the right to rely on its contents. This "Deed" must be recorded in the recording office where the property is located. With respect to clauses "a" and "b" above the "Deed of Trust" or other accepted security shall not be released until 12 months after Final Acceptance of the Project and settlement of all outstanding claims. 5.3 Replacement of Bond and Surety: SMIC Harbor Improvements GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 1 ` Section 000700 Page 12 SECTION 000700 -GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT If the Surety on any bond furnished in connection with this Contract is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.2, or otherwise becomes unacceptable to the CITY, or if any such. Surety fails to furnish reports as to his financial condition as requested by the CITY, the CONTRACTOR shall within five days thereafter substitute another bond and Surety, both of which must be acceptable to CITY. An individual Surety may be replaced by a corporate Surety during the course of the Contract period. If the Surety desires to dispose of the collateral posted, the CITY may at its option, accept: substitute collateral. 5.4 Insurance Requirements: 5.4.1 The CONTRACTOR shall provide evidence of insurance with a carrier or carriers satisfactory to the CITY covering injury to persons and/or property suffered by the City of Seward or a third party, as a result of operations which arise both out of and during the course of this Contract by the CONTRACTOR or by any Subcontractor. This coverage will also provide protection against injuries to all employees of the CONTRACTOR and the employees of any Subcontractor engaged in Work under this Contract. The delivery to the CITY of a written 30 day notice is required before cancellation of any coverage or reduction in any limits of liability. Insurance carriers shall have an acceptable financial rating. 5.4.2 The CONTRACTOR shall maintain in force at all times during the performance of services under this agreement the following policies of insurance. Failure to maintain insurance may, at the option of the Contracting Officer, be deemed Defective Work and remedied in accordance with the Contract. Where specific limits and coverages are shown, it is understood that they shall be the minimum acceptable. The requirements of this paragraph shall not limit the CONTRACTOR'S responsibility to indemnify under paragraph 5.5. Additional insurance requirements specific to this Contract are contained in the Supplementary Conditions, when applicable. a. Workers'Compensation Insurance: The CONTRACTOR shall provide and maintain, for all employees of the CONTRACTOR engaged in Work under this Contract, Workers' Compensation Insurance as required AS 23.30.045. The policies shall contain a "Waiver of Subrogation Clause" precluding the carrier or carriers from compensation from the CITY. The CONTRACTOR shall be responsible for Workers' Compensation Insurance for any Subcontractor who provides services under this Contract, to include: 1. Employer's Liability Protection in the amount of $100,000 per personal $1,000,000 per occurrence; 2. Voluntary Compensation Endorsement. 3. If the CONTRACTOR directly utilizes labor outside of the State of Alaska in the prosecution of the Work, "Other States" endorsement shall be required as a Condition of the Contract. b. Comprehensive or Commercial General Liability Insurance: shall cover all operations by or on behalf of the CONTRACTOR and provide insurance for bodily injury and property damage liability including coverage for: premises and operations; products and completed operations; contractual liability insuring obligations assumed under paragraph 5.5, Indemnification; broad form property damage; and personal injury liability. The minimum limits of liability shall be: SMIC Harbor Improvements GENERAL CONDITIONS OF THE (PS Section CONTRACT Section 000700 Page 13 SECTION 000700-GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 1. The CONTRACTOR shall carry Comprehensive General Liability policy, the limits of liability shall not be less than a Combined Single Limit for bodily injury, property damage and Personal Injury Liability of: $2,000,000 each occurrence $10,000,000 aggregate 2. The CONTRACTOR shall carry Commercial General Liability policy, the limits of liability shall not be less than: $1,000,000 each occurrence(Combined Single Limit for bodily injury and property damage) $2,000,000 for Personal Injury Liability $10,000,000 aggregate for Products-Completed Operations $10,000,000 general aggregate c. Automobile Liability Insurance: Such insurance shall cover all owned, hired and non-owned vehicles and provide coverage not less than that of the Business Automobile Policy in limits not less than the following: $1,000,000 each occurrence(Combined Single Limit for bodily injury and property damage.) d. Builder's Risk Insurance: Coverage shall be on an "All Risk" completed value basis including "quake and flood" and protect the interests of the CITY, the CONTRACTOR and his Subcontractors. Coverage shall include all materials, supplies and equipment that are intended for specific installation in the Project while such materials, supplies and equipment are located at the Project site and in transit from port of arrival to job site and while temporarily located away from the Project site. In addition to providing the above coverages the CONTRACTOR shall ensure that Subcontractors provide insurance coverages as noted in clauses a., b., and c. of this subparagraph. Builder's Risk Insurance will only be applicable if so noted in the Supplementary Conditions. e. Other Coverages: As specified in the Modifications to General Conditions: The City of Seward shall be named as an "Additional Insured" under all liability coverages listed above, and CONTRACTOR shall show proof of insurance. 5.4.3 Evidence, consisting of a certificate of insurance or the policy declaration page with required endorsements attached thereto -- all of which have been executed by the insurer's representative and issued to the CITY, shall denote the type, amount, class of operations covered, effective(and retroactive) dates, and dates of expiration of policies. Evidence pertaining to Worker's Compensation, General Liability, or Automobile Liability is required for Award. All other coverages shall be evidenced prior to commencement of Work. Acceptance by the CITY of deficient evidence does not constitute a waiver of Contract requirements as provided for by the Conditions of the Contract. If a certificate is submitted as evidence it shall contain the following statement: "This is to certify that the policies described hereto comply with all aspects of the insurance requirements of(Contract Name and Number, and Proiect Number). 5.5 Indemnification: SMIC Harbor Improvements GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 14 SECTION 000700 -GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT The CONTRACTOR shall indemnify, save harmless, and defend the CITY and its agents and its employees from any and all claims or actions for injuries or damages sustained by any person or property arising directly or indirectly from the construction or the CONTRACTOR's performance of this Contract; however, this provision has no effect if, but only if, the sole proximate cause of the injury or damage is the CITY's gross negligence. ARTICLE 6- CONTRACTOR'S RESPONSIBILITIES 6.1 Supervision of Work: The CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and apply such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. All Work under this Contract shall be performed in a skillful and workmanlike manner. The CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. 6.2 Superintendence by CONTRACTOR: The CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent. The Contracting Officer shall be advised in writing of the superintendent's name, local address, and telephone number. This written advise is to be kept current until Final Acceptance by the CITY. The superintendent will be the CONTRACTOR'S representative at the site and shall have full authority to act and sign documents on behalf of the CONTRACTOR. All communications given to the superintendent shall be as binding as if given to the CONTRACTOR. The CONTRACTOR shall cooperate with the Contracting Officer in every way possible. 6.3 Character of Workers: The CONTRACTOR shall provide a sufficient number of competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. The CONTRACTOR shall at all times maintain good discipline and order at the site. The Contracting Officer may, in writing, require the CONTRACTOR to remove from the Work any employee the Contracting Officer deems incompetent, careless, or otherwise detrimental to the progress of the Work, but the Contracting Officer shall have no duty to exercise this right. 6.4 CONTRACTOR to Furnish: Unless otherwise specified in the General Requirements, the CONTRACTOR shall furnish and assume full responsibility for all materials, equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 6.5 Materials and Equipment: All materials and equipment shall be of specified quality and new, except as otherwise provided in the Contract Documents. If required by the Contracting Officer, the CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents: but no provision of any such instructions will be effective to assign to the CITY or any of the CITY's Consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraphs 2.3 or 2.4. 6.6 Anticipated Schedules: SMIC Harbor Improvements GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT I q Section 000700 Page 15 SECTION 000700-GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 6.6.1 Within 10 days following the effective date of the contract the CONTRACTOR shall submit to the Contracting Officer for review an anticipated progress schedule indicating the starting and completion dates of the various stages of the Work. 6.6.2 Within fifteen days after the date of the Notice to Proceed, the Contractor shall submit to the Contracting Officer for review: Anticipated schedule of Shop Drawing submissions; and Anticipated Schedule of Values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work which will be confirmed in writing by the CONTRACTOR at the time of submission. 6.7 Finalizing Schedules: Prior to processing the first Application for Payment the Contracting Officer and the CONTRACTOR will finalize schedules required by paragraph 6.6. The finalized progress schedule will be acceptable to the CITY as providing information related to the orderly progression of the Work to completion within the Contract Time; but such acceptance will neither impose on the CITY nor relieve the CONTRACTOR from full responsibility for the progress or scheduling of the Work. If accepted, the finalized schedule of Shop Drawing and other required submissions will be acceptable to the CITY as providing a workable arrangement for processing the submissions. If accepted the finalized Schedule of Values will be acceptable to the CITY as an approximation of anticipated value of Work accomplished over the anticipated Contract Time. Receipt and acceptance of a schedule submitted by the CONTRACTOR shall not be construed to assign responsibility for performance or contingencies to the CITY or relieve the CONTRACTOR of his responsibility to adjust his forces, equipment, and work schedules as may be necessary to insure completion of the Work within prescribed Contract Time. Should the prosecution of the Work be discontinued for any reason, the CONTRACTOR shall notify the Contracting Officer at least 24 hours in advance of resuming operations. 6.8 Adjusting Schedules: Upon substantial change to the schedule or upon request the CONTRACTOR shall submit to the Contracting Officer for acceptance (to the extent indicated in paragraph 6.7 and the General Requirements) adjustments in the schedules to reflect the actual present and anticipated progress of the Work. 6.9 Substitutes or"Or Equal" Items: 6.9.1 Whenever materials or equipment are specified or described in the Contract Documents by using the name of a propriety item or the name of a particular Supplier the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other Suppliers may be accepted by the Contracting Officer only if sufficient information is submitted by the CONTRACTOR which clearly demonstrates to the Contracting Officer that the material or equipment proposed is equivalent or equal in all aspects to that named. The procedure for review by the Contracting Officer will include the following as supplemented in the General Requirements. 6.9.2 Requests for review of substitute items of material and equipment will not be accepted by the Contracting"Officer from anyone other than the CONTRACTOR. SMIC Harbor Improvements GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT I ' 1 ( Section 000700 Page 16 SECTION 000700 -GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 6:9.3 If the CONTRACTOR wishes to furnish or use a substitute item of material or equipment, the CONTRACTOR. shall make written application to the Contracting Officer for acceptance thereof certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as the specified. The application will state that the evaluation and acceptance of the proposed substitute will not delay the CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with the CITY or Work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. 6.9.4 All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the CITY in evaluating the proposed substitute. The CITY may require the CONTRACTOR to furnish at the CONTRACTOR'S expense additional data about the proposed substitute. The Contracting Officer may reject any substitution request which the Contracting Officer may reject any substitution request which the Contracting Officer determines is not in the best interest of the CITY. 6.10 Substitute Means and Methods: If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, the CONTRACTOR may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the Contracting Officer, if the CONTRACTOR submits sufficient information to allow the Contracting Officer to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by the Contracting Officer will be similar to that provided in paragraph 6.9 as applied by the Contracting Officer and as may be supplemented in the General Requirements. 6.11 Evaluation of Substitution: The Contracting Officer will be allowed a reasonable time within which to evaluate each proposed substitute. The Contracting Officer will be the sole judge of acceptability, and no substitute will be ordered, installed or utilized without the Contracting Officer's prior written acceptance which will be evidenced by either a Change Order or a Shop Drawing approval in accordance with Sections 6.20 and 6.21. The Contracting Officer may require the CONTRACTOR to furnish at the CONTRACTOR'S expense a special performance guarantee or other Surety with respect to any substitute. 6.12 Dividing the Work: The divisions and section of the Specifications and the identifications of any Drawings shall not control the CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.13 Subcontractors: The CONTRACTOR may utilize the service of licensed specialty Subcontractors on those parts of the Work which, under normal contracting practices, are performed by licensed specialty Subcontractors, in accordance with the following conditions: 6.13.1 The CONTRACTOR shall not award any Work to any Subcontractor without prior written approval of the Contracting Officer. This approval will not be given until the CONTRACTOR submits to the Contracting Officer a written statement concerning the proposed award to the Subcontractor which shall contain required Equal Employment Opportunity documents, evidence of insurance whose limits are SMIC Harbor Improvements GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT I Section 000700 Page 17 SECTION 000700-GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT acceptable to the CONTRACTOR, and an executed copy of the subcontract. All subcontracts submitted for approval must contain provisions for payment for Work done by the Subcontractor within 7 days of receipt of payment by the CONTRACTOR. No acceptance by the Contracting Officer of any such Subcontractor shall constitute a waiver of any right of the CITY to reject Defective Work. 6.13.2 All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate written agreement between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of the CITY and contains waiver provisions as required by paragraph 13.17 and termination provisions as required by Article 14. 6.13.4 Nothing in the Contract Documents shall create any contractual relationship between the CITY and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of the CITY to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Regulatory Requirements. The CITY will not undertake to settle any differences between or among the CONTRACTOR, Subcontractors, or Suppliers. 6.13.5 The CONTRACTOR and Subcontractors shall coordinate their work and cooperate with other trades so to facilitate general progress of Work. Each trade shall afford other trades every reasonable opportunity for installation of their work and storage of materials. If cooperative work of one trade must be altered due to lack of proper supervision, or failure to make proper provisions in time by another trade, such conditions shall be remedied by the CONTRACTOR with no change in Contract Price or Contract Time. 6.13.6 The CONTRACTOR shall include on his own payrolls any person or persons working on this Contract who are not covered by written subcontract, and shall ensure that all Subcontractors include on their payrolls all person performing work under the direction of the Subcontractor. 6.14 Use of Premises: The CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the Project limits and approved remote storage sites and lands and areas identified in and permitted by Regulatory Requirements, rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. The CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against the CITY by any such owner or occupant because of the performance of the Work,the CONTRACTOR shall hold the CITY harmless. 6.15 Structural Loading: The CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall the CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.16 Record Documents: The CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Directives, Change Orders, Supplemental Agreements, and written interpretations and clarifications (issued pursuant to paragraph 3.6) in good order and annotated to show all changes made during construction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings will be available to the Contracting Officer for reference and copying. Upon completion of the Work, the annotated record documents, samples and Shop Drawings will be delivered to the Contracting Officer. Record documents shall accurately record variations in the Work which vary from requirements shown or indicated in the Contract Documents. SMIC Harbor Improvements GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT rl Section 000700 Page 18 SECTION 000700 -GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 6.17 Safety and Protection: The CONTRACTOR alone shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. The CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.17.1 All employees on the Work and other persons and organizations who may be affected thereby; 6.17.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; 6.17.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation or replacement in the course of construction. The CONTRACTOR shall comply with all applicable Regulatory Requirements of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss, and shall erect and maintain all necessary safeguards for such safety and protection. The CONTRACTOR shall notify owners of adjacent property and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property caused, directly or indirectly, in whole or in part, by the CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by the CONTRACTOR with no change in Contract Price or Contract Time except as stated in 4.6, except damage or loss attributable to unforeseeable causes beyond the control of and without the fault or negligence of the CONTRACTOR, including but not restricted to acts of nature, of the public enemy or governmental authorities. The CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until Final Acceptance(except as otherwise expressly provided in connection with Substantial Completion). 6.18 Safety Representative: The CONTRACTOR shall designate a responsible safety representative at the site. This person shall be the CONTRACTOR's superintendent unless otherwise designated in writing by the CONTRACTOR to the Contracting Officer. 6.19 Emergencies: In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, the CONTRACTOR, without special instruction or authorization from the CITY, is obligated to act to prevent threatened damage, injury or loss. The CONTRACTOR shall give the Contracting Officer prompt written notice if the CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the CITY determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a change will be authorized by one of the methods indicated in Paragraph 9.2, as determined appropriate by the Contracting Officer. 6.20 Shop Drawings and Samples: 6.20.1 After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements, the CONTRACTOR shall submit to the Contracting Officer for review and approval in accordance with the accepted schedule of Shop Drawing submissions the required number of all Shop Drawings, which will bear a stamp or specific written indication that the CONTRACTOR has satisfied CONTRACTOR's responsibilities under the Contract Documents with SMIC Harbor Improvements GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 1 ilv\ Section 000700 Page 19 SECTION 000700 -GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT respect to the review of the submission. All submissions will be identified as the Contracting Officer may require. The data shown on the Shop Drawings will be identified as the Contracting Officer may require. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to enable the Contracting Officer to review the information as required. 6.20.2 The CONTRACTOR shall also submit to the Contracting Officer for review and approval with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples will have been checked by and accompanied by a specific written indication that the CONTRACTOR has satisfied CONTRACTOR's responsibilities under the Contract Documents with respect to the review of the submission and will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended. 6.20.3 Before submission of each Shop Drawing or sample the CONTRACTOR shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar with respect thereto and reviewed or coordinated each Shop Drawing or samples with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 6.20.4 At the time of each submission to the CONTRACTOR shall give the Contracting Officer specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and in addition, shall cause a specific notation to be made on each Shop Drawing submitted to the Contracting Officer for review and approval of each such variation. All variations of the proposed shop drawing from that specified will be identified in the submission and available maintenance, repair and replacement service will be indicated. The submittal will also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such variation, including costs of redesign and claims of other Contractors affected by the resulting change, all of which shall be considered by the CITY in evaluating the proposed variation. If the variation may result in a charge of Contract Time or Price, or Contract responsibility, and is not minor in nature; the CONTRACTOR must submit a written request for Change Order with the variation to notify the CITY of his intent. The CITY may require the CONTRACTOR to furnish at the CONTRACTOR's expense additional data about the proposed variation. The Contracting Officer may reject any variation request which the Contracting Officer determines is not in the best interest of the CITY. 6.21 Shop Drawing and Sample Review: 6.21.1 The Contracting Officer will review with reasonable promptness Shop Drawings and samples, but the Contracting Officer's review will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, techniques, sequences or procedures of construction (except where a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto. The review of a separate item as such will not indicate acceptance of the assembly in which the item functions. The CONTRACTOR shall make corrections required by the Contracting Officer and shall return the required number of corrected copies of Shop Drawings and submit as required new samples for review. The CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by the Contracting Officer on previous subm ittals. 6.21.2 The Contracting Officer's review of Shop Drawings or samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless the CONTRACTOR has in writing advised the Contracting Officer of each such variation at the time of submission as required by paragraph 6.20.4 The Contracting Officer if he so determines, may give written approval of each such variation by Change Order, except that, if the variation is minor and no Change Order has been requested a specific written notation thereof incorporated in or accompanying the Shop Drawing or sample review comments shall suffice as a modification. No approval by the Contracting SMIC Harbor Improvements GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 20 SECTION 000700-GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Officer will relieve the CONTRACTOR from responsibility for errors or omissions in the Shop Drawings or from responsibility for having complied with the provisions of paragraph 6.20.3. 6.21.3 Where a Shop Drawing or sample is required by the Specifications, any related Work performed prior to the Contracting Officer's review of the pertinent submission will be the sole expense and responsibility of the CONTRACTOR. 6.22 Maintenance During Construction. The CONTRACTOR shall maintain the Work during construction and until Substantial Completion, at which time the responsibility for maintenance shall be established in accordance with paragraph 13.10. 6.23 Continuing the Work: The CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with the CITY. No Work shall be delayed or postponed pending resolution of any disputes, disagreements, or claims except as the CONTRACTOR and the Contracting Officer may otherwise agree in writing. 6.24 Consent to Assignment: The CONTRACTOR shall obtain the prior written consent of the Contracting Officer to any proposed assignment of any interest in, or part of this Contract. The consent to any assignment or transfer shall not operate to relieve the CONTRACTOR or his Sureties of any of his or its obligations under this Contract or the Performance Bonds. Nothing herein contained shall be construed to hinder, prevent, or affect an assignment of monies due, or to become due hereunder, made for the benefit of the CONTRACTOR's creditors pursuant to law. 6.25 Use of Explosives: 6.25.1 When the use of explosives is necessary for the prosecution of the Work, the CONTRACTOR shall exercise the utmost care not to endanger life or property, including new Work and shall follow all Regulatory Requirements applicable to the use of explosives. The CONTRACTOR shall be responsible for all damage resulting from the use of explosives. 6.25.2 All explosives shall be stored in a secure manner in compliance with all Regulatory Requirements, and all such storage places shall be dearly marked. Where no Regulatory Requirements apply, safe storage shall be provided not closer than 1,000 feet from any building, camping area, or place of human occupancy. 6.25.3 The CONTRACTOR shall notify each public utility owner having structures in proximity to the site of his intention to use explosives. Such notice shall be given sufficiently in advance to enable utility owners to take such steps as they may deem necessary to protect their property form injury. However, the CONTRACTOR shall be responsible for all damage resulting from the use of the explosives, whether or not, utility owners act to protect their property. 6.26 CONTRACTOR'S Records: 6.26.1 Records of the CONTRACTOR and Subcontractors relating to personnel, payrolls, invoices of materials, and any and all other data relevant to the performance of this Contract, must be kept on a generally recognized accounting system. Such records must be available during normal work hours to the Contracting Officer for purposes of investigation to ascertain compliance with Regulatory Requirements and provisions of the Contract Documents. 6.26.2 Payroll records must contain the name and address of each employee, his correct classification, rate of pay, daily and weekly number of hours of work, deductions made, and actual wages paid. The SMIC Harbor Improvements GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT ` W Section 000700 Page 21 SECTION 000700-GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CONTRACTOR and Subcontractor shall make employment records available for inspection by the Contracting Officer and representatives of the U.S. and/or State Department of Labor and will permit such representatives to interview employees during working hours on the Project. 6.26.3 Records of all communications between the CITY and the CONTRACTOR and other parties, where such communications affected performance of this Contract, must be kept by the CONTRACTOR and maintained for a period of three years from Final Acceptance. The CITY or its assigned representative may perform an audit of these records during normal work hours after written notice to the CONTRACTOR. ARTICLE 7 -LAWS AND REGULATIONS 7.1 Laws to be Observed: The CONTRACTOR shall keep fully informed of all Federal and State Regulatory Requirements and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner after those engaged or employed on the Work, or which in any way affect the conduct of the Work. The CONTRACTOR shall at all times observe and comply with all such Regulatory Requirements, orders and decrees; and shall protect and indemnify the CITY and its representatives against claim or liability arising from or based on the violation of any such Regulatory - Requirement, order, or decree whether by the CONTRACTOR, Subcontractor, or any employee of either. Except where otherwise expressly required by applicable Regulatory Requirements, the CITY shall not be responsible monitoring CONTRACTOR'S compliance with any Regulatory Requirements. 7.2 Permits, Licenses, and Taxes: 7.2.1. The CONTRACTOR shall procure all permits. and licenses, pay all charges, fees and taxes, and give all notices necessary and incidental to the due and lawful prosecution of the Work. As a condition of performance of this Contract, the CONTRACTOR shall pay all Federal, State and local taxes incurred by the CONTRACTOR, in the performance of this Contract. Proof of payment of these taxes is a condition precedent to final payment by the CITY under this Contract. 7.2.2. The CONTRACTOR's certification that taxes have been paid (as contained in the Release of Contract) will be verified with the Department of Revenue and Department of Labor, prior to final payment. 7.2.3 If any Federal, State or local tax is imposed, charged, or repealed after the date of bid opening and is made applicable to and paid by the CONTRACTOR on the articles or supplies herein contracted for, then the Contract shall be increased or decreased accordingly by a Change Order. 7.3 Patented Devices, Materials and Processes: If the CONTRACTOR employs any design, device, material, or process covered by letters of patent, trademark or copyright, the CONTRACTOR shall provide for such use by suitable legal agreement with the patentee or owner. The CONTRACTOR and the Surety shall indemnify and save harmless the CITY, any affected third party, or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device material or process, or any trademark or copyright, and shall indemnify the CITY for any costs, expenses, and damages which it may be obligated to pay by reason of any infringement, at any time during the prosecution or after the completion of the Work. 7.4 Compliance of Specifications and Drawings: If the CONTRACTOR observes that the Specifications and Drawings supplied by the CITY are at variance with any Regulatory Requirements, CONTRACTOR shall give the Contracting Officer prompt written notice thereof, and any necessary changes will be authorized by one of the methods indicated in paragraph 9.2 as determined appropriate by the Contracting Officer. If the CONTRACTOR performs any SMIC Harbor Improvements GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT I Section 000700 Page 22 SECTION 000700 -GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Work knowing or having reason to know that it is contrary to such Regulatory Requirements, and without such notice to the Contracting Officer,the CONTRACTOR shall bear all costs arising therefrom: however, it shall not be the CONTRACTOR'S primary responsibility to make certain that the Specifications and Drawings supplied by the CITY are in accordance with such Regulatory Requirements. 7.5 Accident Prevention: The CONTRACTOR shall comply with AS 18.60.75 and all pertinent provisions of the Construction Code Occupational Safety and Health Standards issued by the State of Alaska Department of Labor. 7.6 Sanitary Provisions: The CONTRACTOR shall provide and maintain in a neat and sanitary condition such accommodations for the use of his employees and CITY representatives as may be necessary to comply with the requirements of the State and local Boards of Health, or of other bodies or tribunals having jurisdiction. 7.7 Business Registration: Comply with AS 08.18.011, as follows: "it is unlawful for a person to submit a bid or work as a contractor until he has been issued a certificate of registration by the. Department of Commerce. A partnership or joint venture shall be considered registered if one of the general partners or venturers whose name appears in the name under which the partnership or venture does business is registered." 7.8 Professional Registration and Certification: All craft trades, architects, engineers and land surveyors, electrical administrators, and explosive handlers employed under the Contract shall specifically comply with applicable provisions of AS 08.18, 08.48, 08.40 and 08.52. Provide copies of individual licenses within seven days following a request from the Contracting Officer. 7.9 Local Building Codes: The CONTRACTOR shall comply with AS 35.10.025 which requires construction in accordance with applicable local building codes including the obtaining of required permits. 7.10 Air Quality Control: The CONTRACTOR shall comply with all applicable provisions of AS 46.03.04 as pertains to Air Pollution Control. 7.11 Archaeological or Paleontological Discoveries: When the CONTRACTOR's operation encounters prehistoric artifact, burials, remains of dwelling sites, or paleontological remains, such as shell heaps, land or seal mammal bones or tusks, the CONTRACTOR shall cease operations immediately and notify the Contracting Officer. No artifacts or specimens shall be further disturbed or removed from the ground and no further operations shall be performed at the site until so directed. Should the Contracting Officer order suspension of the CONTRACTOR's operations in order to protect an archaeological or historical finding, or order the CONTRACTOR to perform extra Work, such shall be covered by an appropriate Contract change document. 7.12 Alaska Agricultural Products: Pursuant to AS 36.16.010, Agricultural products harvested in Alaska shall be used in State funded projects when competitively priced, available and of like quality compared with agricultural projects harvested outside the State. SMIC Harbor Improvements GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT -1S Section 000700 Page 23 SECTION 000700 -GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 7.13 Preferential Employment: The Contractor shall comply with all applicable and valid laws and regulations regarding the hiring of Alaska residents now in effect or that might subsequently take effect during the term of this contract. 7.14 Wages and Hours of Labor: 7.14.1 One certified copy of all. payrolls shall be submitted weekly, before the Friday of every second week, to the State Department of Labor to assure compliance with AS 36.05.040 Filing Schedule of Employees Wages Paid and Other Information. The CONTRACTOR shall be responsible for the submission of certified copies of payrolls of all Subcontractors. The certification shall affirm that the payrolls are current and complete, that the wage rates contained therein are not less than the applicable rate referenced in these Contract Documents, and that the classification set forth for each laborer or mechanic conforms with the Work he performed. The CONTRACTOR and his Subcontractors shall attend all hearings and conferences and produce such books, papers and documents all as requested by the Department of Labor. Should Federal funds be involved, the appropriate Federal Agency shall also receive a copy of the CONTRACTOR'S certified payrolls. 7.14.2 The following Labor provisions shall also apply to this Contract: a. The CONTRACTOR and his Subcontractors shall pay all employees unconditionally in a timely manner; b. wages may not be less than those stated in the advertised Specifications, regardless of the contractual relationship between the CONTRACTOR or Subcontractors and laborers, mechanics, or field surveyors; c. the scale of wages to be paid shall be posted by the CONTRACTOR in a prominent and easily accessible place at the site of the Work; d. the CITY shall withhold so much of the accrued payments as is necessary to pay to laborers, mechanics, or field surveyors employed by the CONTRACTOR or Subcontractors the difference between 1. the rate of wages required by the Contract to be paid laborers, mechanics, or field surveyors on the Work, and 2. the rates of wages in fact received by laborers, mechanics or field-surveyors. 7.15 Overtime Work Hours and Compensation: Pursuant to the Federal Fair Labor Standards Act and AS 23.10.060, the CONTRACTOR shall not require nor permit any laborer or mechanic in any workweek in which he is employed on any Work under this Contract to work in excess of eight hours in any Calendar Day or in excess of forty hours in such workweek on Work subject to the provisions of the applicable laws and regulations, unless such laborer or mechanic receives compensation at a rate not less than one and one half times his basic rate of pay for all such hours worked in excess of eight hours in any Calendar Day or in excess of forty hours in such workweek whichever is the greater number of overtime hours. In the event of any violation of this provision, the CONTRACTOR shall be liable to any affected employee for any amounts due and penalties and to the CITY for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violation of this provision in the sum of $10.00 for each Calendar Day or which such employee was required or permitted to be employed on such Work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by this paragraph. SMIC Harbor Improvements GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 24 SECTION 000700 -GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 7.16 Covenant Against Contingent Fees: The CONTRACTOR warrants that no person o selling agent has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the CONTRACTOR for the purpose of securing business. For breach or violation of this warrant, the CITY shall have the right to annul this Contract without liability or, in its discretion, to deduct price of consideration from the Contract or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. 7.17 Officials Not To Benefit: No member of or delegate to the U.S. Congress, the State Legislature or other State Official shall be admitted to any share or part of this Contract, nor to any benefit that may arise there from. However, this provision shall not be construed to extend to this Contract if made with a corporation for its general benefit. 7.18 Personal Liability of Public Officials: In carrying out any of the provisions thereof, or in exercising any power or authority granted to the Contracting Officer by the Contract, there will be no liability upon the Contracting Officer nor upon City, Borough or State employees authorized as his representatives, either personally or as officials of the City, Kenai Peninsula Borough or State of Alaska, it being always understood that in such matters they act as agents and representatives of the CITY. ARTICLE 8-OTHER WORK 8.1 Related Work At Site: 8.1.1 The CITY reserves the right at any time to contract for and perform other additional work on or near the Work covered by the Contract. 8.1.2 When separate contracts are let within the limits of the Project, the CONTRACTOR shall conduct his Work so as not to interfere with or hinder the work being performed by other contractors. The CONTRACTOR when working on the same Project with other contractors shall cooperate with such other contractors. The CONTRACTOR shall join his work with that of the others in an acceptable manner and shall perform it in proper sequence to that of others. 8.1.3 If the fact that other such work is to be performed is identified or shown in the Contract Documents the CONTRACTOR shall assume all liability, financial or otherwise, in connection with this Contract and indemnify and save harmless the CITY from any and all damages or claims that may arise because of inconvenience, delay, or loss experienced by the CONTRACTOR because of the presence and operations of other contractors. 8.1.4 If the fact that such other work is to be performed was not identified or shown in the Contract Documents, written notice thereof will be given to the CONTRACTOR prior to starting any such other work. If the CONTRACTOR believes that such performance will require an increase in Contract Price or Contract Time, the CONTRACTOR shall notify the Contracting Officer of such required increase within fifteen (15) calendar days following receipt of the Contracting Officer's notice. Should the Contracting Officer find such increase(s)to be justified, a Change Order will be executed. 8.2 Access, Cutting, and Patching: The CONTRACTOR shall afford each utility owner and any other contractor who is a party to such a direct contract with the CITY (or the CITY, if the CITY is performing the additional work with the CITY's employees) proper and safe access to the site and a reasonable opportunity for the introduction and SMIC Harbor Improvements GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT O Section 000700 Page 25 SECTION 000700-GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the Work with the work of others. The CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work, the CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter such other work with the written consent of the Contracting Officer.The duties and responsibilities of the CONTRACTOR under this paragraph are for the benefit of other contractors to the extent that there are comparable provisions for the benefit of the CONTRACTOR in said direct contracts between the CITY and other contractors. 8.3 Defective Work By Others: If any part of the CONTRACTOR's Work depends for proper execution or results upon the work of any such other contractor, utility owner, or the CITY, the CONTRACTOR shall inspect and promptly report to the Contracting Officer in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. The CONTRACTOR's failure to so report will constitute an acceptance of the other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in the other work. 8.4 Coordination: If the CITY contracts with others for the performance of other work at the site, Contracting Officer will have authority and responsibility for coordination of the activities among the various prime contractors. ARTICLE 9-CHANGES 9.1 CITY'S Right To Change: Without invalidating the Contract and without notice to any Surety, the CITY may, at any time or from time to time, order additions, deletions or revisions in the Work within the general scope of the Contract, including but not limited to changes: 9.1.1 In the Contract Documents: 9.1.2 In the method or manner of performance of the Work; 9.1.3 In CITY-furnished facilities, equipment, materials, services, or site; 9.1.4 Directing acceleration in the performance of the Work. 9.2 Authorization of Changes within the General Scope: Additions, deletions, or revisions in the Work within the general scope of the Contract as specified in 9.1 shall be authorized by one or more of the following ways. 9.2.1 Directive(pursuant to paragraph 9.3) 9.2.2 A Change Order(pursuant to paragraph 9.4) 9.2.3 CITY's acceptance of Shop Drawing variations from the Contract Documents as specifically identified by the CONTRACTOR as required by paragraph 6.20.4. 9.3 Directive: 9.3.1 The Contracting Officer shall provide written clarification or interpretation of the Contract Documents(pursuant to paragraph), SMIC Harbor Improvements GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 26 SECTION 000700 -GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 9.3.2 The Contracting Officer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. 9.3.3 The Contracting Officer may order the Contractor to correct Defective Work or methods which are not in conformance with the Contract Documents. 9.3.4 The Contracting Officer may direct the commencement or suspension of Work or emergency related Work(as provided in paragraph 6.19). 9.3.5 Upon the issuance of a Directive to the CONTRACTOR by the Contracting Officer, the CONTRACTOR shall proceed with the performance of the Work as prescribed by such Directive. 9.3.6 If the CONTRACTOR believes that the changes noted in a Directive may cause an increase in the Contract Price or an extension of Contract Time, the CONTRACTOR shall immediately provide written notice to the Contracting Officer depicting such increases before proceeding with the directive, except in the case of an emergency. If the Contracting Officer finds the increase in Contract Prices or the extension of Contract Time justified, a Change Order will be issued. If however, the Contracting Officer does not find that a Change Order is justified, the Contracting Officer may direct the CONTRACTOR to proceed with the Work. The CONTRACTOR shall cooperate with the Contracting Officer in keeping complete daily records of the cost of such Work. If a Change Order is ultimately determined to be justified, in the absence of agreed prices and unit prices, payment for such Work will be made on a cost of the work basis as provided in 10.4. 9.4 Change Order: A change in Contract Time, Contract Price, or responsibility may be made for changes within the scope of the Work only by Change Order. Upon receipt of an executed Change Order, the CONTRACTOR shall promptly proceed with the work involved which will be performed under the applicable conditions of the Contract Documents except as otherwise specifically provided. Changes in Contract Price and Contract Time shall be made in accordance with Article 10 and 11. 9.5 Shop Drawing Variations: Variations by shop drawings shall only be eligible for consideration under 9.4 when the conditions affecting the price, time, or responsibility are identified by the CONTRACTOR in writing and a request for a Change Order is submitted as per 6.20.4. 9.6 Changes Outside the General Scope; Supplemental Agreement: Any change which is outside the general scope of the Contract, as determined by the Contracting Officer, must be authorized by a Supplemental Agreement signed by the appropriate representatives of the CITY and the CONTRACTOR. 9.7 Unauthorized Work: The CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in this Article 9, except in the case of an emergency as provided in paragraph 6.19 and except in the case of uncovering Work as provided in paragraph 12.4.2. 9.8 Notification of Surety: If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time) is required by the provisions of SMIC Harbor Improvements GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT '6 7, Section 000700 Page 27 SECTION 000700 -GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT any Bond to be given to a Surety, the giving of any such notice will be the CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. 9.9 Differing Site Conditions: 9.9.1 The CONTRACTOR shall promptly, and before such conditions are disturbed (except in an emergency as permitted by paragraph 6.19), notify the Contracting Officer in writing of: (1) subsurface or latent physical conditions at the site differing materially from those indicted in the Contract, and which could not have been discovered by a careful examination of the site, or(2) unknown physical conditions at the site, of an unusual nature, differing materially form those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract. The Contracting Officer shall promptly investigate the conditions, and if the Contracting Officer finds that such conditions do materially so differ and cause an increase or decrease in the CONTRACTOR's cost of, or time required for, performance of this Contract, an equitable adjustment shall be made and the Contract modified in writing accordingly. 9.9.2 Any claim for additional compensation by the CONTRACTOR under this clause shall be made in accordance with Article 15 and shall not be allowed unless the CONTRACTOR has first given the notice required by this Contract. In the event that the Contracting Officer and the CONTRACTOR are unable to reach an agreement concerning an alleged differing site condition, the CONTRACTOR will be required to keep an accurate and detailed record which will indicate the actual cost of the work done under the alleged differing site condition. Failure to keep such a record shall be a bar to any recovery by reason of such alleged differing site conditions. The Contracting Officer shall be given the opportunity to supervise and check the keeping of such records. ARTICLE 10-CONTRACT PRICE; COMPUTATION AND CHANGE 10.1 Contract Price: The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to the CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by the CONTRACTOR shall be at his expense without change in the Contract Price. The Contract Price may only be changed by a Change Order or Supplemental Agreement. 10.2 Claim For Price Change: Any claim for an increase or decrease in the Contract Price shall be submitted in accordance with the terms of Article 15, and shall not be allowed unless notice requirements of this Contract have been met. 10.3 Change Order Price Determination: The value of any Work covered by a Change Order for an increase or decrease in the Contract Price shall be determined in one of the following ways: 10.3.1 Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of the items involved (subject to the provisions of paragraphs 10.9.1 through 10.9.3, inclusive). 10.3.2 By mutual acceptance of a lump sum price which includes overhead and profit. 10.3.3 When 10.3.1 and 10.3.2 are inapplicable, on the basis of the "cost of the work" (determined as provided in paragraphs 10.4 and 10.5) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 10.6). 10.3.4 Before a Change Order or Supplemental Agreement is approved, the CONTRACTOR shall submit pricing data regarding the changed or extra work. The CONTRACTOR shall certify that the data SMIC Harbor Improvements GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 28 SECTION 000700 -GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT submitted is, to his best knowledge and belief, accurate, complete and current as of a mutually determined specified data and that such data will continue to be accurate and complete during the performance of the changed or extra work. 10.4 "Cost of the Work": The term cost of the work means the sum of all costs necessarily incurred and paid by the CONTRACTOR in the proper performance of the work. Except as otherwise may be agreed to in writing by the CITY, such costs shall be in amount no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 10.5: 10.4.1 Payroll costs for employees in the direct employ of the CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by the CITY and the CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by the CITY. 10.4.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers'field services required in connection therewith. All cash discounts shall accrue to the CONTRACTOR unless the CITY deposits funds with the CONTRACTOR with which to make payments, in which ease the cash discounts shall accrue to the CITY. All trade discounts, rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to the CITY, and the CONTRACTOR shall make provisions so that they may be obtained. 10.4.3 Payments made by the CONTRACTOR to Subcontractors for Work performed by Subcontractors or Suppliers acceptable to the CONTRACTOR and shall deliver such quotes to the CITY who will then determine which quotes will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of"cost of the work"plus a fee, the Subcontractor's "cost of the work"shall be determined in the same manner as the CONTRACTOR's "cost of work"as described in paragraphs 10.4 and 10.5; and the Subcontractor's fee shall be established as provided for under subparagraph 10.6.2 clause b. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 10.4.4 Costs of special consultants (including but not limited to engineers, architects, testing laboratories, and surveyors)employed for services necessary for the completion of the Work. 10.4.5 Supplemental costs including the following: a. The proportion of necessary transportation, travel and subsistence expenses of the CONTRACTOR's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of the CONTRACTOR. c. Rentals of all construction equipment and machinery and the parts thereof whether rented from the CONTRACTOR or others in accordance with rental agreements approved by the CITY and the costs of transportation, loading, unloading, installation, dismantling and removal thereof-all in SMIC Harbor Improvements GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT �j 1� Section 000700 Page 29 SECTION 000700-GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the work. d. Sales, consumer, use or similar taxes related to the Work, and for which the CONTRACTOR is liable, imposed by Regulatory Requirements. e. Deposits lost for causes other than negligence of the CONTRACTOR, and Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages(and related expenses), not compensated by insurance or otherwise, to the Work or otherwise sustained by the CONTRACTOR in connection with the performance and furnishing of the Work provided they have resulted from causes other than the negligence of the CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of the CITY. No such losses, damages and expenses shall be included in the "cost of the work" for the purpose of determining the CONTRACTOR's fee. If however, any such loss or damage requires reconstruction and the CONTRACTOR is placed in charge thereof, the CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraphs 10 6.2a and 10.6 2.b. g. The cost of utilities,fuel and sanitary facilities at the site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. Cost of premiums for additional bonds and insurance required because of changes in the Work and premiums for property insurance coverage within the limits of the deductible amounts established by the CITY in accordance with Article 5. 10.5 Excluded Costs: The term "cost of the work"shall not include any of the following: 10.5.1 Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agency, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 10.4.1 or specifically covered by paragraph 10.4.4 - all of which are to be considered administrative costs covered by the CONTRACTOR's fee. 10.5.2 Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 10.5.3 Any part of CONTRACTOR's capital expenses including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments. 10.5.4 Cost of premiums for all bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 10.4.5.i above. 10.5.5 Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of Defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. SMIC Harbor Improvements GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT ( S Section 000700 Page 30 SECTION 000700 -GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 10.5.6 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 10.4. 10.6 CONTRACTOR's Fee: The CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 10.6.1 A mutually acceptable fixed fee; or if none can be agreed upon. 10.6.2 A fee based on the following percentages of the various portions of the"cost of the work": a. For costs incurred under paragraphs 10.4.1 and 10.4.2, the CONTRACTOR's fee shall be fifteen percent; b. For costs incurred under paragraph 10.4.3, the CONTRACTOR's fee shall be ten percent; and if a subcontract is on the basis of "cost of the work" plus a fee, the maximum allowable to CONTRACTOR on account of overhead and profit of all Subcontractors and multiple tiers thereof shall be ten percent; c. No fee shall be payable on the basis of costs itemized under paragraphs 10.4.4, 10.4.5 and 10.5; d. The amount of credit to be allowed by the CONTRACTOR to the CITY for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in CONTRACTOR's fee by an amount equal to ten percent of the net decrease; and e. When both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 10.6.2.a through 10.6.2.d, inclusive. 10.7 Cost Breakdown: Whenever the cost of any Work is to be determined pursuant to paragraphs 10.4 and 10.5, the CONTRACTOR will submit in form acceptable to the CITY an itemized cost breakdown together with supporting data. 10.8 Cash Allowances: It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as maybe acceptable to the Contracting Officer. CONTRACTOR agrees that: 10.8.1 The allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 10.8.2 CONTRACTOR's cost for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances. No demand for additional payment on account of any thereof will be valid. SMIC Harbor Improvements GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT $c° Section 000700 Page 31 SECTION 000700-GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due the CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 10.9 Unit Price Work: 10.9.1 Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Contract. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by the CONTRACTOR will be made by the CITY in accordance with paragraph 10.10. 10.9.2 Each unit price will be deemed to include an amount considered by the CONTRACTOR to be adequate to cover the CONTRACTOR's overhead and profit for each separately identified item. If the "Basis of Payment" clauses in the Contract Documents relating to any unit price in the bid schedule requires that the said unit price cover and be considered compensation for certain work or material essential to the item, this same work or material will not also be measured or paid for under any other pay item which may appear elsewhere in the Contract Documents. 10.9.3. Payment to the CONTRACTOR shall be made only for the actual quantities of Work performed and accepted or materials furnished, in conformance with the Contract Documents. When the accepted quantities of Work or materials vary from the quantities stated in the bid schedule, or change documents, the CONTRACTOR shall accept as payment in full, payment at the stated unit prices for the accepted quantities of Work and materials furnished, completed and accepted; except as provided below: a. When the quantity of Work to be done or material to be-furnished under an any item for which the total cost of the item exceeds 10% of the total Contract Price, is increased by more than 25 percent of the quantity stated in the bid schedule, or change documents, either party to the Contract, upon demand, shall be entitled to an equitable unit price adjustment on that portion of the Work above 125 percent of the quantity stated in the bid schedule. b. When the quantity of Work to be done or material to be furnished under any major item, for which the total cost of the item exceeds 10% of the total Contract Price, is decreased by more than 25 percent of the quantity stated in the bid schedule, or change documents either party to the Contract, upon demand, shall be entitled to an equitable price adjustment for the quantity of Work performed or material furnished, limited to a total payment of not more than 75 percent of the amount originally bid for the item. 10.10 Determinations for Unit Prices: The Contracting Officer will determine the actual quantities and classifications of Unit Price Work performed by the CONTRACTOR. The Contracting Officer will review with the CONTRACTOR preliminary determinations on such matters before finalizing the costs and quantities on the Schedule of Values. The Contracting Officer's acknowledge thereof will be final and binding on the CONTRACTOR, unless, within ten days after the date of any such decisions, the CONTRACTOR delivers to the Contracting Officer written notice of intention to appeal from such a decision. ARTICLE 11 -CONTRACT TIME; COMPUTATION AND CHANGE 11.1 Commencement of Contract Time: Notice To Proceed: The Contract Time will commence to run on the day indicated in the Notice to Proceed. SMIC Harbor Improvements GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT ` VI Section 000700 Page 32 SECTION 000700-GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 11.2 Starting the Work: No Work on Contract items shall be performed before the effective date of the Notice to Proceed. The CONTRACTOR shall notify the Contracting Officer at least 24 hours in advance of the time actual construction operations will begin. The CONTRACTOR may request a limited Notice to Proceed after Award has been made, to permit him to order long lead materials which could cause delays in project completion. However, granting is within the sole discretion of the Contracting Officer, and refusal or failure to grant a limited Notice To Proceed shall not be a basis for claiming for delay, extension of time, or alteration of price. 11.3 Computation of Contract Time: 11.3.1 When the Contract Time is specified on a Calendar Days basis, all Work under the Contract shall be completed within the number of Calendar Days specified. The count of Contract Time begins on the day following receipt of the Notice to Proceed by the CONTRACTOR, if no starting day is stipulated therein. Calendar Days shall continue to be counted against Contract Time until and including the date of Final Completion of the Work. 11.3.2 When the Contract completion time is specified as a fixed calendar date, it shall be the date of Final Completion. 11.4 Time Change: The Contract Time may only be changed by a Change Order or Supplemental Agreement. 11.5 Extension Due to Delays: The right of the CONTRACTOR to proceed shall not be terminated nor the CONTRACTOR charged with liquidated or actual damages because of any delays to the completion of the Work due to unforeseeable causes beyond the control and without the fault or negligence of the CONTRACTOR, including, but not restricted to the following: acts of nature or of the public enemy, acts of the CITY in contractual capacity, acts of another contractor in the performance of a Contract with the CITY, floods, fires, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather and delays of Subcontractors or Suppliers due to such causes. Any delay in receipt of materials on the site, caused by other than one of the specifically mentioned occurrences above, does not of itself justify a time extension, provided that the CONTRACTOR shall within twenty four(24) hours from the beginning of any such delay (unless the Contracting Officer shall grant a further period of the time prior to the date of final settlement of the Contract)notify the Contracting Officer in writing of the cause of delay. The Contracting Officer shall ascertain the facts and the extent of the delay and extend the time for completing the Work when the findings of fact justify such an extension. 11.5.1 Delays or disruptions resulting from weight restrictions imposed on roadways, excessive traffic on roadways or road construction and/or repairs, shall not be considered unforeseeable causes beyond the control of the contractor. 11.6 Essence of Contract: All time limits stated in the Contract Documents are of the essence of the Contract. 11.7 Reasonable Completion Time: It is expressly understood and agreed by and between the CONTRACTOR and the CITY that the date of beginning and the time for Final Completion of the Work described herein are reasonable times for the completion of the Work. SMIC Harbor Improvements GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT C6$ Section 000700 Page 33 SECTION 000700 -GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 11.8 Delay Damages: Whether or not the CONTRACTOR's right to proceed with the Work is terminated, he and his Sureties shall be liable for damages resulting from his refusal or failure to complete the Work within the specified time. Liquidated damages for delay shall be paid by the CONTRACTOR or his Surety to the CITY in the amount as specified in the Supplementary Conditions for each Calendar Day the completion of the Work or any part thereof is delayed beyond the Contract Time required by the Contract, or any extension thereof If such amount of liquidated damages is not established by the Contract Documents, then the CONTRACTOR and his Surety shall be liable to the CITY for any actual damages occasioned by such delay. The CONTRACTOR acknowledges that the liquidated damages established herein are not a penalty but rather constitute an estimate of damages that the CITY will sustain by reason of delayed completion. These liquidated damages are intended as compensation for losses difficult to estimate, and include those items enumerated in the Supplementary Conditions. These damages will continue to run both before and after termination in the event of default termination. These liquidated damages do not cover excess costs of completion or CITY costs, fees, and charges related to reprocurement. If a default termination occurs, the CONTRACTOR or his Surety shall pay in addition to these damages, all excess costs and expenses related to completion as provided by Article 14.2.5. ARTICLE 12 -QUALITY ASSURANCE 12.1 Warranty and Guaranty: The CONTRACTOR warrants and guarantees to the CITY that all Work will be in accordance with the Contract Documents and will not be Defective. Prompt notice of all defects shall be given to the CONTRACTOR. All Defective Work, whether or not in place, may be rejected, corrected or accepted as provided for in this Article. 12.2 Access to Work: The CITY and its Project Management representatives, testing agencies and governmental agencies with jurisdiction interests will have access to the Work at reasonable times for their observation, inspecting and testing. The CONTRACTOR shall provide proper and safe conditions for such access. 12.3 Tests and Inspections: 12.3.1 The CONTRACTOR shall give the Contracting Officer timely notice of readiness of the Work for all required inspections, tests or approvals. 12.3.2 If Regulatory Requirements of any public body having jurisdiction require any Work (or part thereof) to specifically be inspected, tested or approved, the CONTRACTOR shall assume full responsibility therefor, pay all costs in connection therewith and furnish the Contracting Officer the required certificates of inspection, testing or approval. The CONTRACTOR shall also be responsible for and shall pay all costs in connection with any inspection or testing required in connection with CITY's acceptance of a Supplier of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to the CONTRACTOR's purchase thereof for incorporation in the Work. The cost of all inspections, tests and approvals in addition to the above which are required by the Contract Documents shall be paid by the CONTRACTOR. The CITY may perform additional tests. and inspections which it deems necessary to insure quality control. All such failed tests or inspections shall be at the CONTRACTOR's expense. SMIC Harbor Improvements GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT I %9 Section 000700 Page 34 SECTION 000700 -GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 12.3.3 If any Work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of the Contracting Officer, it must, if requested by the Contracting Officer, be uncovered for observation. Such uncovering shall be at the CONTRACTOR's expense unless the CONTRACTOR has given the Contracting Officer timely notice of CONTRACTOR's intention to cover the same and the Contracting Officer has not acted with reasonable promptness in response to such notice. 12.3.4 Neither observations nor inspections, tests or approvals by the CITY or others shall relieve the CONTRACTOR from the CONTRACTOR's obligations to perform the Work in accordance with the Contract Documents. 12.4 Uncovering Work: 12.4.1 If any Work is covered contrary to the written request of the Contracting Officer, it must, if requested by the Contracting Officer, be uncovered for the Contracting Officer's observation and replaced at the CONTRACTOR's expense. 12.4.2 If the Contracting Officer considers it necessary or advisable that covered Work be observed inspected or tested, the CONTRACTOR, at the Contracting Officer's request shall uncover, expose or otherwise make available for observation, inspection or testing as the Contracting Officer may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is Defective, the CONTRACTOR shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) and the CITY shall be entitled to an appropriate decrease in the Contract Price. If, however, such Work is not found to be Defective, the CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both directly attribute to such uncovering, exposure, observation, inspection, testing and reconstruction. 12.5 CITY May Stop the Work: If the Work is Defective, or the CONTRACTOR fails to supply suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed. Work will conform to the Contract Documents, the Contracting Officer may order the CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; 12.6 Correction or Removal of Defective Work: If required by the Contracting Officer, the CONTRACTOR shall promptly, as directed, either correct all Defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by the Contracting Officer, remove it from the site and replace it with Work which conforms to the requirements of the Contract Documents. The CONTRACTOR shall bear all direct, indirect and consequential costs of such correction removal (including but not limited to fees and charges of engineers, architects, attorneys and other professionals)made necessary thereby. 12.7 One Year Correction Period: If within one year after the date of Final Completion or such longer period of time as may be prescribed by Regulatory Requirements or by the terms of any applicable special guarantee required by the Contract Documents, any Work is found to be Defective, the CONTRACTOR shall promptly, without cost to the CITY and in accordance with the Contracting Officer's written instructions, either correct such Defective Work, or, if it has been rejected by the Contracting Officer, remove it from the site and replace it with conforming Work. If the CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, the CITY may have the Defective Work corrected or the rejected Work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) will be paid by the CONTRACTOR. In special SMIC Harbor Improvements GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT [� O Section 000700 Page 35 SECTION 000700 -GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT circumstances where a particular item of equipment is placed in continuous service for the benefit of the CITY before Substantial Completion of all the Work, the correction period for that item may begin on an earlier date if so provided in the Specifications or by Change Order. Provisions of this paragraph are not intended to shorten the statue of limitations for bringing an action. 12.8 Acceptance of Defective Work: Instead of requiring correction or removal and replacement of Defective Work, the Contracting Officer may accept Defective Work, the CONTRACTOR shall bear all direct, indirect and consequential costs attributable to the Contracting Officer's evaluation of and determination to accept such Defective Work (costs to include but not limited to fees charges of engineers, architects, attorneys, and other professionals). If any such acceptance occurs prior to final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and the CITY shall be entitled to an appropriate decrease in the Contract Price. If the CITY has already made final payment to the CONTRACTOR, an appropriate amount shall be paid by the CONTRACTOR or his Surety to the CITY. 12.9 CITY May Correct Defective Work: If the CONTRACTOR fails within a reasonable time after written notice from the Contracting Officer to proceed to correct Defective Work or to remove and replace rejected Work as required by the Contracting Officer in accordance with paragraph 12.6, or if the CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if the CONTRACTOR fails to comply with any other provision of the Contract Documents, the CITY may, after seven days' written notice to the CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph the CITY shall proceed expeditiously. To the extent necessary to complete corrective and remedial action, the Contracting Officer may exclude the CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend the CONTRACTOR's services related thereto, take possession of the CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or approved remote storage sites or for which the CITY has paid the CONTRACTOR but which are stored elsewhere, the CONTRACTOR shall allow the Contracting Officer and his authorized representatives such access to the site as may necessary to enable the Contracting Officer to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of the CITY in exercising such rights and remedies will be charged against the CONTRACTOR, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and the CITY shall be entitled to all appropriate decrease in the Contract Price. Such direct, indirect and consequential costs will include but not be, limited to fees and charges of engineers, architects; attorneys and other professionals, all court and arbitration costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of the CONTRACTOR's Defective Work. The CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by the Contracting Officer of the CITY's rights and remedies hereunder. ARTICLE 13-PAYMENTS TO CONTRACTOR AND COMPLETION 13.1 Schedule of Values: The Schedule of Values established as provided in paragraph 6.6 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to the Contracting Officer. Progress payments on account of Unit Price Work will be based on the number of units completed. 13.2 Preliminary Payments: SMIC Harbor Improvements GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 1 CA 1 Section 000700 Page 36 SECTION 000700 -GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Upon approval of the Schedule of Values the CONTRACTOR may be paid for direct costs substantiated by paid invoices and other prerequisite documents required by the General Requirements. Direct costs shall include the cost of bonds, insurance, approved materials stored on the site or at approved remote storage sites, deposits required by a Supplier prior to fabricating materials, and other approved direct mobilization costs substantiated as indicated above. These payments shall be included as a part of the total Contract Price as stated in the Contract. 13.3 Application For Progress Payment: The CONTRACTOR shall submit to the Contracting. Officer(or Project Manager if designated by the City) at least twenty days before the date established for each progress payment (but not more than once a month) for review an Application for Payment filled out and signed by the CONTRACTOR covering the Work completed as of the date of the Application for Payment and accompanied by such supporting documentation as is required by the Contract Documents, which shall include the quantity, location and completion date of the invoiced work. Progress payments will be made as the Work progresses on a monthly basis. 13.4 Review of Application for Progress Payment: Contracting Officer (or Project Manager) will either indicate in writing a recommendation of payment or return the Application for Payment to the CONTRACTOR indicating in writing the Contracting Officer's reasons for refusing to recommend payment. In the latter ease, the CONTRACTOR may make the necessary corrections and resubmit the Application for Payment. 13.5 Stored Materials and Equipment: If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, paid invoice or other documentation warranting that the CITY has received the materials and equipment free and clear of all charges, security interests and encumbrances and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect the CITY's interest therein, all of which will be satisfactory to the Contracting Officer. No payment will be made for perishable materials that could be rendered useless because of long storage periods. No progress payment will be made for living plant materials until planted. 13.6 CONTRACTOR's Warranty of Title: The CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to the CITY no later than the time of payment free and clear of any claims, liens, security interest and further obligations. 13.7 Withholding of Payments: The CITY may withhold or refuse payment for any of the reasons listed below provided it gives written notice of its intent to withhold and of the basis for withholding: 13.7.1 The Work is Defective, or completed Work has been damaged requiring correction or replacement, or has been installed without approval of Shop Drawings, or by an unapproved Subcontractor, or for unsuitable storage of materials and equipment. 13.7.2 The Contract Price has been reduced by Change Order, 13.7.3 The CITY has been required to correct Defective Work or complete Work in accordance with paragraph 12.9. SMIC Harbor Improvements GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 37 SECTION 000700-GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 13.7.4 The CITY's actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.2.1.a through 14.2.1.k inclusive. 13.7.5 Claims have been made against the CITY or against the funds held by the CITY on account of the CONTRACTOR's actions or inactions in performing this Contract, or there are other items entitling the CITY to a set off. 13.7.6 Subsequently discovered evidence or the results of subsequent inspections or test, nullify any previous payments for reasons stated in subparagraphs 13.7.1 through 13.7.5. 13.7.7 The CONTRACTOR has failed to fulfill or is in violation of any of his obligations under any provision of this Contract. 13.8 Retainage: At any time the CITY finds that satisfactory progress is not being made it may in addition to the amount withheld under 13.7 retain a maximum amount equal to 10%of the total amount earned on all subsequent progress payments. This retainage may be released at such time as the Contracting Officer finds that satisfactory progress is being made. 13.9 Request for Release of Funds: If the CONTRACTOR believes the basis for withholding is invalid or no longer exists, immediate written notice of the facts and Contract provisions on which the CONTRACTOR relies, shall be given to the CITY, together with a request for release of funds and adequate documentary evidence proving that the problem has been cured. In the case of withholding which has occurred at the request of the Department of Labor, the CONTRACTOR shall provide a letter from the Department of Labor stating that withholding is no longer requested. Following such a submittal by the CONTRACTOR, the CITY shall have a reasonable time to investigate and verify the facts and seek additional assurances before determining whether release of withheld payments is justified. 13.10 Substantial Completion: When the CONTRACTOR considers the Work ready for its intended use the CONTRACTOR shall notify the Contracting Officer in writing that the Work or a portion of Work which has been specifically identified in the Contract Documents is substantially complete (except for items specifically listed by the CONTRACTOR as incomplete) and request that the CITY issue a certificate of Substantial Completion. Within a reasonable time thereafter, the Contracting Officer, the CONTRACTOR and appropriate Consultant(s) shall make an inspection of the Work to determine the status of completion. If the Contracting Officer does not consider the Work substantially complete, the Contracting Officer will within fourteen days execute and deliver to the CONTRACTOR a certificate of Substantial Completion with tentative list of items to be completed or corrected. At the time of delivery of the certificate of Substantial Completion the Contracting Officer will deliver to the CONTRACTOR a written division of responsibilities pending Final Completion with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties which shall be consistent with the terms of the Contract Documents. The CITY shall be responsible for all CITY costs resulting from the initial inspection and the first re- inspection, the CONTRACTOR shall pay all costs incurred by the CITY resulting from re-inspection, the CONTRACTOR shall pay all costs incurred by the CITY resulting from re-inspections, thereafter. 13.11 Access Following Substantial Completion: The CITY shall have the right to exclude the CONTRACTOR from the Work after the date of Substantial Completion, but the CITY shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. SMIC Harbor Improvements GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT I /, Section 000700 Page 38 SECTION 000700 -GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 13.12 Final Inspection: Upon written notice from the CONTRACTOR that the entire Work or an agreed portion thereof is complete, the Contracting Officer will make a final inspection with the CONTRACTOR and appropriate Consultants and will notify the CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or Defective. The CONTRACTOR shall immediately take such measures as are necessary to remedy such deficiencies. The CONTRACTOR shall pay for all costs incurred by the CITY resulting from re-inspections. 13.13 Final Completion and Application for Payment: After the CONTRACTOR has completed all such corrections to the satisfaction of the Contracting Officer and delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of payment to all laborers, Subcontractors and Suppliers, certificates of inspection, marked-up record documents and other documents - all as required by the Contract Documents; and after the Contracting Officer has indicated in writing that the Work has met the requirements for Final Completion, and subject to the provisions of paragraph 13,17, the CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied by all certificates, warranties, guarantees, releases, affidavits, and other documentation required by the Contract Documents. 13.14 Final Payment: 13.14.1 If on the basis of the Contracting Offices observation of the Work during construction and final inspection, and the Contracting Officer's review of the final Application for Payment and accompanying documentation - all as required by the Contract Documents; and the Contracting Officer is satisfied that the Work has been completed and the CONTRACTOR's other obligations under the Contract Documents have been fulfilled, the CITY will process final Application for Payment. Otherwise, the Contracting Officer will return the Application for Payment to the CONTRACTOR, indicating in writing the reasons for refusing to process final payment; in which case the CONTRACTOR shall make the necessary corrections and resubmit the final Application for Payment. 13.14.2 If, through no fault of the CONTRACTOR, Final Completion of the Work is significantly delayed, the Contracting Officer shall, upon receipt of the CONTRACTOR's final Application for Payment, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by the CITY for Work not fully completed or corrected is less than the retainage provided for in paragraph 13.8, and if bonds have been furnished as required in paragraph 5.1, the written consent of the Surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the CONTRACTOR to the CITY with the application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 13.15 Final Acceptance: Following certification of payment of payroll and revenue taxes, and final payment to the CONTRACTOR, the CITY will issue a letter of Final Acceptance upon request, releasing the CONTRACTOR from further obligations under the Contract, except as provided in paragraph 13.16. 13.16 CONTRACTOR's Continuing Obligation: The CONTRACTOR's obligation to perform and complete the Work and pay all laborers, Subcontractors, and materialmen in accordance with the Contract Documents shall be absolute. Neither any progress or final payment by the CITY, nor the issuance of a certificate of Substantial Completion, nor any use or occupancy of the Work or any part thereof by the CITY or Using Agency, nor any act of acceptance by the CITY no any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor any correction of Defective Work by the CITY will constitute an acceptance of Work not in accordance SMIC Harbor Improvements GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT I Section 000700 Page 39 SECTION 000700 -GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT with the Contract Documents or a release of the CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents. 13.17 Waiver of Claims by CONTRACTOR: The making and acceptance of final payment will constitute a waiver of all claims by the CONTRACTOR against CITY other than those previously made in writing and still unsettled. 13.18 No Waiver of Legal Rights: The CITY shall not be precluded or be estopped by any payment, measurement, estimate, or certificate made either before or after the completion and acceptance of the Work and payment therefor, from showing the true amount and character of the Work and payment therefore, performed and materials furnished by the CONTRACTOR, nor from showing that any payment, measurement, estimate or certificate and payment in accordance therewith, from recovering from the CONTRACTOR or his Sureties, or both, such damages as it may sustain by reason of his failure to comply with requirements of the Contract Documents. Neither the acceptance by the CITY, or any representative of the CITY, any payment for or acceptance of the whole or any part of the Work, nor any extension of the Contract Time, any possession taken by the CITY, shall operate as a waiver of any portion of the Contract or of any power herein reserved, or of any right to damages. A waiver by the CITY of any breach of the Contract shall not be held be a waiver of any other subsequent breach. ARTICLE 14—SUSPENSION OF WORK, DEFAULT AND TERMINATION 14.1 CITY May Suspend Work: 14.1.1 The CITY may, at any time, suspend the Work or any portion thereof by notice in writing to the CONTRACTOR. If the Work is suspended without cause the CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension, if the CONTRACTOR makes an approved claim therefore as provided in Article 15. However, no adjustment is due to the fault or negligence of the CONTRACTOR, or that suspension in necessary for Contract compliance, or that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the CONTRACTOR. 14.1.2 In case of suspension of Work, the CONTRACTOR shall be responsible for preventing damage to or loss any of the Work already performed and of all materials whether stored on or off the site or approved remote storage sites. 14.2 Default of Contract. 14.2.1 If the CONTRACTOR: a. Fails to begin the Work under the Contract within the time specified in the Proposal, or b. Fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workmen or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 6.6 as revised from time to time), or c. Performs the Work unsuitably or neglects or refuses to remove materials or to correct Defective Work. d. Discontinues the prosecution of the Work, or SMIC Harbor Improvements GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT I (). Section 000700 Page 40 SECTION 000700 -GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT e. Fails to resume Work which has been discontinued within a reasonable time after notice to do so, or f. Becomes insolvent, except that if the CONTRACTOR declares bankruptcy termination shall be in accordance with 111 U.S.C. 362 and/or 11 U.S.C. 365. In the event the CONTRACTOR declares bankruptcy the CONTRACTOR agrees that the Contract will be assumed or rejected in a timely manner so that Contract will be completed by the date specified in the Contract. g. Allows any final judgment to stand against him unsatisfied for period of 60 days, or h. Makes an assignment for the benefit of creditors without the consent of the Contracting Officer, or Disregards Regulatory Requirements of any public body having jurisdiction, or j. Otherwise violates in any substantial way any provisions of the Contact Documents, or k. For any cause whatsoever, fails to carry on the Work in an acceptable manner, the Contracting Officer may give notice in writing to the CONTRACTOR and his Surety of such delay, neglect, or default. 14.2.2 If the CONTRACTOR or Surety, within the time specified in the above notice of default, shall not proceed in accordance therewith, then the CITY may, upon written notification from the Contracting Officer of the fact of such, delay, neglect or default and the CONTRACTOR's failure to comply with. such notice have full power and authority without violating the Contract, to take the prosecution of the Work out of the hands of the CONTRACTOR. The CITY may terminate the services of the CONTRACTOR, exclude the CONTRACTOR from the site and take possession of the Work and of all the CONTRACTOR's tools, appliances, construction equipment and machinery at the sire and use the same to the full extent they could be used by the CONTRACTOR (without liability to the CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which the CITY has paid the CONTRACTOR but which are stored elsewhere, and finish the Work as the CITY may deem expedient. The CITY may enter into an agreement for the completion of said Contract according to the terms and provisions thereof, or use such other methods that in the opinion of the Contracting Officer are required for the completion of said Contract in an acceptable manner. 14.2.3 The Contracting Officer may, by written notice to the CONTRACTOR and his Surety or his representative, transfer the employment of the Work from the CONTRACTOR to the Surety, or if the CONTRACTOR abandons the Work undertaken under the Contract, the Contracting Officer may, at his option with written notice to the Surety and without any written notice to the CONTRACTOR, transfer the employment for said Work directly to the Surety. The Surety shall submit its plan for completion, to the CITY for approval prior to beginning completion of the Work. Approval of such contracts shall be in accordance with all applicable requirements and procedures for approval of subcontracts as stated in the Contract Documents. 14.2.4 Upon receipt of the notice terminating the services of the CONTRACTOR, the Surety shall enter upon the premises and take possession of all materials, tools, and appliances thereon for the purpose of completing the Work included under the Contract and employ by contract or otherwise any person or persons to finish the Work and provide the materials therefor, without termination of the continuing full force and effect of this Contract. In case of such transfer of employment to the Surety, the Surety shall be paid in its own name on estimates covering Work subsequently performed under the terms of the Contract and according to the terms thereof without any right of the CONTRACTOR to make any claim for the same or any part thereof. 14.2.5 If the Contract is terminated for default, the CONTRACTOR and the Surety shall be jointly and severally liable for damages for delay as provided by Article 11.8, and for the excess cost of completion, and all costs and expenses incurred by the CITY in completing the Work or arranging for completion of SMIC Harbor Improvements GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT ISection 000700 Page 41 SECTION 000700-GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT the Work, including but not limited to costs of assessing the Work to be done, costs associated with advertising, soliciting or negotiating for bids or proposals for completion, and other reprocurement costs. Following termination the CONTRACTOR shall not be entitled to receive any further balance of the amount to be paid under the Contract until the Work is fully finished and accepted, at which time if the unpaid balance exceeds the amount due the CITY and any amounts due to persons for whose benefit the CITY has withheld funds, such excess shall be paid by the CITY to the CONTRACTOR. If the damages, costs, and expenses due the CITY exceed the unpaid balance, the CONTRACTOR and his Surety shall pay the difference. 14.2.6 If, after notice of termination of the CONTRACTOR's right to proceed under the provisions of this clause, it is determined for any reason that the CONTRACTOR was not in default under the provisions of this clause, or that the delay was excusable under the provisions of this clause, or that termination was wrongful, the rights and obligations of the parties shall be determined in accordance with the clause providing for convenience termination. 14.3 Rights or Remedies: Where the CONTRACTOR's services have been so terminated by the CITY, the termination will not affect any rights or remedies of the CITY against the CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due the CONTRACTOR by the CITY will not release the CONTRACTOR from liability. 14.4 Convenience Termination: 14.4.1 The performance of the Work may be terminated by the CITY in accordance with this section in whole or in part whenever, for any reason the Contracting Officer shall determine that such termination is in the best interest of the CITY. Any such termination shall be effected by delivery to the CONTRACTOR of a "Notice of Termination," specifying termination-is for the convenience of the CITY the extent to which performance of Work is terminated, and the date upon which such termination becomes effective. Immediately upon receipt of a "Notice of Termination" and except as otherwise directed by the Contracting Officer, the CONTRACTOR shall: a. Stop Work on the date and to the extent specified in the"Notice of Termination"; b. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the Work as is not terminated; c. Terminate all orders and subcontracts to the extent that they relate to the performance of Work terminated by the "Notice of Termination." d. With the written approval of the Contracting Officer, to the extent he may require, settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, the costs which would be reimburse, in whole, or in part in accordance with the provisions of the Contract; e. Submit to the Contracting Officer a list, certified as to quantity and quality, of any or all items of termination inventory exclusive of items the disposition of which had been directed or authorized by the Contracting Officer; f. Transfer to the Contracting Officer the completed or partially completed record drawings, Shop Drawings, information, and other property which, if the Contract had been completed, would be required to be furnished to the CITY; SMIC Harbor Improvements GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 1 611 Section 000700 Page 42 SECTION 000700 -GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT g. Take such action as may be necessary, or as the Contracting Officer may direct, for the protection and preservation of the property related to the Contract which is in the possession of the CONTRACTOR and in which the CITY has or may acquire any interest. The CONTRACTOR shall proceed immediately with the performance of the above obligations. 14.4.2 When the CITY orders termination of the Work effective on a certain date, all Work in place as of that date will be paid for in accordance with Article 13 of the Contract. Materials required for completion and on hand but not incorporated in the Work will be paid for at invoice cost plus 15% with materials becoming the property of the CITY or the CONTRACTOR may retain title to the materials and be paid an agreed upon lump sum. Materials on order shall be canceled, and the CITY shall pay reasonable factory cancellation charges with the option of taking delivery of the materials in lieu of payment of cancellation charges. The CONTRACTOR shall be paid 10% of the cost, freight not included, of materials canceled, and direct expenses only for CONTRACTOR chartered freight transport which cannot be canceled without charges, to the extent that the CONTRACTOR can establish them. The extra costs due to cancellation of bonds and insurances and that part of job start-up and phase-out costs not amortized by the amount of Work accomplished shall be paid by the CITY. Charges for loss of profit or consequential damages shall not be recoverable except as provided above. 14.4.3 The termination claim shall be submitted promptly, but in no event later than 90 days from the effective date of termination, unless one or more extensions in writing are granted by the Contracting Officer upon request of the CONTRACTOR made in writing within the 90 day period. Upon failure of the CONTRACTOR to submit his termination claim within the time allowed, the Contracting Officer may determine, on the basis of information available to him, the amount, if any, due to the CONTRACTOR by reason of the termination and shall thereupon pay to the CONTRACTOR by reason of the termination and shall pay to the CONTRACTOR the amount determined as follows: a. All costs and expenses reimbursable in accordance with the Contract not previously paid to the CONTRACTOR for the performance of the Work prior to the effective date of the "Notice of Termination," b. So far as not included under "a" above, the cost of settling and paying claims arising out of the termination of the Work under subcontracts or orders which are properly chargeable to the terminated portions of the Contract; c. The reasonable costs of settlement with respect to the terminated portion of the Contract heretofore, to the extent that these costs have not been covered under the payment provisions of the Contract. 14.4.4 The CONTRACTOR shall have the right of appeal under the CITY's claim procedures, as defined in Article 15, for any determinations made by the Contracting Officer, except if the CONTRACTOR has failed to submit his claim within the time provided and has failed to request extension of such time, CONTRACTOR shall have no such right of appeal. In arriving at the amount due the CONTRACTOR under this section, there shall be deducted: a. All previous payments made to the CONTRACTOR for the performance of Work under the Contract prior to termination; b. Any claim for which the CITY may have against the CONTRACTOR; c. The agreed price for, or the proceeds of sale of, any materials, supplies, or other things acquired by the CONTRACTOR or sold pursuant to the provisions of this section and not otherwise recovered by or credited to the CITY; and, d. All progress payments made to the CONTRACTOR under the provisions of this section. SMIC Harbor Improvements GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Section 000700 Page 43 SECTION 000700-GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT 14.4.5 Where the Work has been terminated by the CITY said termination shall not affect or terminate any of the rights of the CITY against the CONTRACTOR or his Surety then existing or which may thereafter accrue because of such default. Any retention or payment of monies by the CITY due to the CONTRACTOR under the terms of the Contract shall not release the CONTRACTOR or his Surety from liability. Unless otherwise provided far in the Contract Documents, or by applicable statute, the CONTRACTOR, from the effective date or termination and for a period of three years after final settlement under this Contract, shall preserve and make available to the CITY at all reasonable times at the office of the CONTRACTOR, all its books, records, documents, and other evidence bearing on the cost and expenses of the CONTRACTOR under his Contract and relating to the Work terminated hereunder. ARTICLE 15-CLAIMS AND DISPUTES 15.1 Notification: In addition to the notice requirements set out elsewhere in this Contract, if the CONTRACTOR becomes aware of any act or occurrence which may form the basis of a claim by the CONTRACTOR for additional compensation or an extension of time for performance, or if any dispute arises regarding a question of fact or interpretation of the Contract, the CONTRACTOR shall immediately inform the Project Manager. If the matter cannot be resolved by agreement within 7 days, the CONTRACTOR shall, within the next 14 days, submit an "Intent to Claim" in writing to the Project Manager. The claim, if not resolved, shall be presented to the Project Manager, in writing, within 60 days following receipt of the "Intent to Claim." Receipt of the claim will be acknowledged in writing by the Project Manager. The CONTRACTOR agrees that unless these written notices are provided, the CONTRACTOR will have no entitlement to additional time or compensation for such act, event or condition. The CONTRACTOR shall in any case continue diligent performance of the Contract. 15.2 Presenting Claim: The claim shall specifically include the following: 15.2.1 The act, event or condition giving rise to the claim. 15.2.2 The Contract provisions which apply to the claim and under which relief is provided. 15.2.3 The item or items of Contract Work affected and how they are affected. 15.2.4 The specific relief requested, including contract time if applicable, and the basis upon which it was calculated. 15.3 Claim Validity, Additional Information, and Project Manager's Actions: The claim, in order to be valid, must not only show that the CONTRACTOR suffered damages or delay but that those conditions were actually a result of the act, event or condition complained of and that the Contract provides entitlement to relief to the CONTRACTOR for such act, event, or condition. The Project Manager reserves the right to make written request to the CONTRACTOR at any time for additional information which the CONTRACTOR may possess relative to the claim. The CONTRACTOR agrees to provide the Project Manager such additional information within 30 days of receipt of such a request. Failure to furnish such additional information may be regarded as a waiver of the claim. The claim, if not resolved by agreement within 60 days of its receipt, will automatically be forwarded to the Contracting Officer for formal written decision. 15.4 Contracting Officer's Decision: SMIC Harbor Improvements GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT ())61 Section 000700 Page 44 SECTION 000700 -GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT The CONTRACTOR will be furnished the Contracting Officer's decision within the next 90 days, unless additional information is requested by the Contracting Officer. The Contracting Officer's decision is final and conclusive unless fraudulent as to the claim. 15.5 Notice of Appeal: Within 30 days of receipt of the decision the CONTRACTOR may deliver a "Notice of Appeal" to the City Manager. The notice shall include specific exceptions to the Contracting Officer's decision, including specific provisions of the Contract, which the CONTRACTOR intends to rely upon in the appeal. General assertions that the Contracting Officer's decision is contrary to law or to fact are not sufficient. 15.6 City Manager's Decision: The decision of the City Manager will be rendered within 120 days of "Notice of Appeal." This decision constitutes the exhaustion of contractual and administrative remedies. The time limits given above may only be extended by mutual consent. The decision of the City Manager shall be final and conclusive unless the CONTRACTOR commences action through the court within 120 days from receipt thereof. SMIC Harbor Improvements GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT D O Section 000700 Page 45 SECTION 000800-MODIFICATIONS TO THE GENERAL CONDITIONS GENERAL. These Supplementary General Conditions make additions,deletions,or revisions to the General Conditions as indicated herein. All provisions which are not so added,deleted,or revised remain in full force and effect. Terms used in these Supplementary General Conditions which are defined in the General Conditions have the meanings assigned to them in the General Conditions. ARTICLE 2 AURTORITIES AND LIMITATIONS 2.1 Authorities and Limitations:Add the following: 2.1.5 Authority of the Engineer and the City's Representative Engineer— R&M is the firm responsible for providing the engineering design of the Construction Contract documents for the City. R&M shall be the Engineer of Record and perform technical engineering duties including, without limitation, reviewing and approving material and shop drawing submittals, technical clarifications,design modifications, and providing quality assurance testing and inspection at the direction of the City's Representative. City's Representative —The City's Representative shall be the person(s) responsible for supervising and administering the Construction Contract on behalf of the City. The City's Representative shall be the Contracting Officer and Project Manager,the primary point of contact for the Contractor,and shall observe the work in progress on behalf of the City and direct the Engineer to conduct construction inspection services.The City's Representative,with input as solicited from the design Engineer,shall make determinations on any and all questions which may arise concerning the quality, quantity, and acceptability of materials furnished, the Work performed, the rate of progress of the Work and interpretations of the Contract Documents. The Contractor shall at all times carry out and fulfill the written instructions and written directions of the City's Representative regarding the Contract Documents. The Owner's Representative and the Engineer are not responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the work. Visits and observations made by the City's Representative or the Engineer shall not relieve the Contractor of his obligation to conduct inspections of the materials and work for compliance with the requirements,and to provide adequate safety precautions, in conformance with the intent of the Contract. ARTICLE 3 CONTRACT DOCUMENTS: INTENT,AMENDING, REUSE 3.3 Scope of Work.Add the following: CONTRACTOR shall perform all work identified in the design drawings and described in the Invitation for Bids, Bid Schedule and further described and in accordance with the entire Contract Documents,including but not limited to, all permits. 3.5.2 Discrepancy-Order of Precedence. Replace section with the following: When conflicts,errors,or discrepancies within the Contract Documents exist,the order precedence from most governing to least governing will be as follows: 1. Project Permit Requirements 2. Contents of Addenda 3. Drawings and Notes (recorded dimensions will govern over scaled dimensions, large scale details over small scale, schedules over plans) 4. Most Currently Adopted State and Local Design Codes and Amendments 5. Special Provisions 6. Technical Specifications 7. General Conditions(as modified by this section) SMIC Harbor Improvements MODIFICATIONS TO THE GENERAL CONDITIONS v�O \ Section 000800 Page 1 SECTION 000800 -MODIFICATIONS TO THE GENERAL CONDITIONS ARTICLE 4—LANDS AND PHYSICAL CONDITIONS 4.4.4 Existing Utilities.Add the following: The Contractor shall repair damages to any existing utility(includes outfall pipes) above or below ground,whether or not such existing active utility is indicated on the drawings,and immediately report such damage to the City's Representative. All costs of repair for damages due to Contractor's negligence will be paid by the Contractor. Add the following: 4.8 Contractor Surveys. 4.8.1 Construction Surveys a) The Contractor shall be responsible for surveying and replacing all bench marks or monuments disturbed by work to be executed under this Contract. b) Contractor shall conduct a certified as-built survey and keep a certified redline as-built drawing set of the project as it is constructed. The redline drawing set must be kept in good condition and available for City review during the project's construction phase. 4.8.2 As-Built Drawings The Contractor shall provide a certified redline as-built drawing set of the completed project to the City within ten(10)days of final completion. The as-builts will be provided in both 22"x34"hard copy and electronic in AutoCAD format. 4.8.3 Surveyor Qualifications The surveyor providing the certified redline as-built drawings shall be a Professional Land Surveyor licensed in the State of Alaska. Add the following: 4.9 Site Preservation, Restoration, Cleanup and Environmental Reporting The Contractor shall be solely responsible for damage to public or private property caused by construction operations. The Contractor shall take all precautions necessary to control dust and suspended sediments. Contractor shall notify the City of any claims of damage,and shall clean and restore any property so damaged at the sole expense of the Contractor. All spills or releases of any oil or hazardous substance shall be reported to the appropriate governmental agency as well as notice to the City. Contractors shall be responsible for all associated clean up costs and fines. At all times during the work, keep the premises clean and orderly. Upon completion of the work, repair all damage caused by equipment and leave the Project free of rubbish or excess materials of any kind. ARTICLE 5 BONDS, INSURANCE,AND INDEMNIFICATION 5.4.2.e Other Coverages.Add the following: R&M Consultants and the City of Seward shall be named as an"Additional Insured"and shall contain a waiver of subrogation under all liability coverages listed in Section 5.4 Insurance Requirements of the GENERAL CONDITIONS, and Contractor shall show proof of insurance. SMIC Harbor Improvements MODIFICATIONS TO THE GENERAL CONDITIONS 20 r) Section 000800 Page 2 SECTION 000800-MODIFICATIONS TO THE GENERAL CONDITIONS ARTICLE 6 CONTRACTOR'S RESPONSIBILITIES 6.2 Superintendence by Contractor. Add the following: The proposed Superintendent shall have documented experience on at least three similar projects involving dredging and the installation breakwaters, dolphins, and associated marine pile driving. Similar projects shall consist of dredging,steel pipe pile dolphins,rocker breakwaters of a similar size and scope to this project. The Contractor shall submit a resume, statement of qualifications and reference names and telephone numbers for the proposed Superintendent for approval by the City's Representative. Lack of suitable qualifying experience will be cause for rejection of the proposed Superintendent. 6.6 Anticipated Schedules.Add the following: 6.6.3 The Contractor shall develop a Construction Progress Plan to coordinate and schedule construction activities and submit this plan for review. It is the intent of the City of Seward that the work be executed during the"off season"to comply with the permit and vessel traffic at the existing facility. 6.6.4 A pre-construction conference may be scheduled following the Notice to Proceed. At that time the Contractors anticipated work plan and schedule, shop drawing submittals, coordination with the Engineer and City's Representative safety requirements and procedures,dispute resolution,changes and/or modifications and other administrative and construction related items will be discussed. 6.14 Use of Premises.Add the following: The City has made available,for the convenience of the Contractor,an area near the job site to be used as a contractor staging area. The Contractor shall make his/her own arrangements for any additional areas and facilities needed for storage of materials, supplies and equipment, parking and other activities. Snow removal, security,and fencing for the provided staging area shall be the sole responsibility of the Contractor. The Contractor shall hold the City harmless from all claims or complaints arising from the use of such areas. Public streets in or outside this project will not be used for any storage activities(equipment and materials) and/or exclusive vehicle parking without prior written approval from the City's Representative. 6.17 Safety and Protection.Add the following: 6.17.4 General: The Contractor is responsible for safety and protection requirements, including but not limited to: a. Temporary construction. b. Temporary controls for environmental protection. c. Safety and protection of the construction area. Submittals: Prior to performance of any work, the Contractor is required to submit the following: a. Temporary Construction: 1. Material and equipment staging area plan to show impact to site operations during construction. 2. Copies of survey notes taken to establish control points for structures affected by the work, and layout of survey control points for new construction. b. Temporary Control for Environmental Protection: SMIC Harbor Improvements MODIFICATIONS TO THE GENERAL CONDITIONS 310 2) Section 000800 Page 3 SECTION 000800-MODIFICATIONS TO THE GENERAL CONDITIONS 1. To the extent required by laws and regulations,the Contractor must procure a Stormwater Pollution Prevention Plan (SWPPP)with the Alaska DEC prior to start of construction. 2. Plan for disposal of waste materials,including permits from or agreements with local solid waste disposal authority,and intended haul routes. Creosote treated material is not accepted at the city landfill. The Contractor shall make other arrangements for disposal at an ADEC approved disposal site. 3. Contractor must provide the necessary controls to meet the requirements of the permit stipulations for work near or in-water. c. Safety and Protection: 1. Copies of permits or approvals for construction activities from governing safety authorities. Execution: a. Temporary Construction: 1. Access Roads and Parking: Construct temporary construction access roads and detours as necessary to execute the work and as approved by the City's Representative.Maintain in good condition until no longer needed,then remove the temporary roads and leave the area in a condition satisfactory to the City's Representative. 2. Storage Yards and Buildings: Construct temporary storage yards for the storage of products that are not subject to damage by weather conditions. Materials such as pipe, timber, reinforcing and structural steel,shall be stored on pallets or racks,off the ground, and in a manner to allow ready access for inspection and inventory. Erect or provide temporary storage shelters needed to protect mechanical and electrical equipment and other materials,as recommended by manufacturers of such equipment and materials. Store combustible materials (paints, solvents, fuels, etc.) in a well-ventilated building remote from other buildings and in accordance with current laws and regulations. 3. Fencing and Barricades: Security Fence: At the Contractor's option,erect a temporary security fence with gates around the staging and material storage area(s). Barricades: Provide barricades as necessary to prevent unauthorized entry to construction areas,both inside and outside fenced area. Also provide barricades to protect existing facilities and adjacent properties from potential damage. Locate barriers to enable access by facility operators and property owners. b. Safety and Protection: Contractor shall do whatever work is necessary for overall project safety and be solely and completely responsible for conditions of the job site,including safety of all persons(including employees) and property during the contract period. This requirement shall apply continuously and not be limited to normal working hours. SMIC Harbor Improvements MODIFICATIONS TO THE GENERAL CONDITIONS )JD1— Section 000800 Page 4 SECTION 000800- MODIFICATIONS TO THE GENERAL CONDITIONS Safety provisions shall conform to Federal and State Departments of Labor Occupational Safety and Health Act(OSHA), and other applicable federal, state, county, and local laws, ordinances, codes, requirements set forth herein, and regulations that may be specified in other parts of these Contract Documents. Where these are in conflict, the more stringent requirement shall be followed. Contractor shall become thoroughly familiar with governing safety provisions and shall comply with the obligations set forth therein. Contractor shall strictly adhere to marine safety provisions. Contractor shall develop and maintain for the duration of the Contract,a safety program that will effectively incorporate and implement required safety provisions. Contractor shall appoint a qualified employee who is authorized to supervise and enforce compliance with the safety program. The Engineer's duty to conduct construction review of the Contractor's performance does not include a review or approval of the adequacy of Contractor 's safety supervisor, safety program, or safety measures taken in, on, or near the construction site. As part of safety program,Contractor shall maintain at its office or other well-known place at the job site, safety equipment applicable to the work as prescribed by the governing safety authorities,and articles necessary for giving first aid to the injured. Establish procedures for the immediate removal to a hospital or a doctor's care of persons who may be injured on the job site. Contractor shall do all work necessary to protect the general public from hazards, including, but not limited to, surface irregularities, trenches or excavations in roadway. Barricades, lanterns and proper signs shall be furnished in sufficient amount to safeguard the public and the work. Construct and maintain satisfactory and substantial temporary chain link fencing, solid fencing, railing, barricades or steel plates, as applicable, at all openings, obstructions, or other hazards. Such barriers shall have adequate warning lights as necessary or required for safety. Comply with City's safety rules while on City's property. If death or serious injuries or damages are caused, the accident shall be reported immediately by telephone or messenger to the City's Representative or Engineer. In addition, Contractor shall promptly report in writing all accidents whatsoever arising out of, or in connection with, the performance of the work whether on or adjacent to the site, giving full details and statements of witnesses. If claim is made by anyone against Contractor or any subcontractor on account of accident, Contractor shall promptly report the facts in writing, giving full details of the claim. Protection of Work and Property: a. General 1. Contractor shall employ such means and methods necessary to adequately protect public property and property of the City, and its existing tenants against damage. In the event of damage to such property, immediately restore the property to a condition equal to its original condition and to the satisfaction of the City's Representative and the owner of said property, and bear all costs therefore. SMIC Harbor Improvements MODIFICATIONS TO THE GENERAL CONDITIONS �0,� Section 000800 Page 5 SECTION 000800-MODIFICATIONS TO THE GENERAL CONDITIONS 2. Protect stored materials and other items located adjacent to the proposed work. Notify property owners affected by the construction at least 48 hours in advance of beginning of construction. During construction operations, construct and maintain facilities to enable pedestrian access by all property owners to their property at all times. No person shall be cut off from vehicular access to residence or place of business for a period exceeding eight hours, unless the Contractor has made special arrangements with the affected persons. b. Finished Construction 1. The Contractor shall assume the responsibility for protection of finished construction and shall repair and restore any and all damage to finished work to its original condition. 2. At such time temporary facilities and utilities are no longer required for the work, notify City's Representative of intent and schedule for their removal. Remove temporary facilities and utilities from the site as Contractor's property and leave the site in such condition as specified, as shown on the Drawings or as directed by the City's Representative. 3. In unfinished areas, leave the site evenly graded as necessary, in a condition that will restore original drainage, and with an appearance equal to or better than original. ARTICLE 7 LAWS AND REGULATIONS 7.10 Air Quality Control.Add the following: Minimize air pollution likely to occur from construction and/or quarrying and hauling operations by wetting down bare soils during windy periods, requiring proper combustion emission control devices on construction vehicles and equipment,and by shut down of motorized equipment not in use. Trash burning will not be permitted on the construction site. Add the following: 7.19 Environmental Controls. 7.19.1 General: The Contractor in executing the work shall maintain affected areas within and outside project boundaries free from environmental pollution that would be in violation of federal, state or local regulations. Do not impair operation of existing utility systems. Prevent construction material,pavement,concrete, earth, volatile and corrosive wastes, and other debris from entering sewers or water mains. 7.19.2 Hazardous Waste Generation Every effort to minimize or eliminate the generation of hazardous waste shall be used by the Contractor in the performance of the work of this Contract. Unless there is no substitute, no hazardous materials shall be used in the performance of the work of this Contract.The Contractor will take all necessary precaution to avoid to release of petroleum based or other hazardous materials into the water and surrounding environment.The Contractor will be held responsible for any and all such spills. 7.19.3 Water Pollution Control SMIC Harbor Improvements MODIFICATIONS TO THE GENERAL CONDITIONS . Section 000800 Page 6 SECTION 000800-MODIFICATIONS TO THE GENERAL CONDITIONS Comply with laws, rules, and regulations of the State of Alaska and agencies of the United States Government prohibiting the pollution of marine waters,lakes,wetlands,streams,or river waters from the dumping of refuse, rubbish,or debris. Prior to commencing excavation and construction,obtain the Engineer's agreement with detailed plans showing procedures intended to handle and dispose of sewage, groundwater, and storm water flow, including dewatering pump discharges. If required, a containment boom must be installed and maintained during construction. The boom shall be adequate to prevent siltation as required by the Corps of Engineers permit. The boom must not impact movement of vessels and must be maintained if damaged by boat traffic. The containment boom must be adequate for containment of any possible oil spills from construction activities. 7.19.4 Waste Material Disposal Maintain areas covered by the Contract and affected public properties free from accumulations of waste, debris, and rubbish caused by construction operations. Cleaning and disposal shall comply with local ordinances and anti-pollution laws. Do not bum or bury rubbish or waste materials on the project site. Do not dispose of volatile wastes such as mineral spirits,oil,chemicals,or paint thinner in storm or sanitary drains. Disposal of wastes into streams or waterways is prohibited. Provide acceptable containers for collection and disposal of waste materials, debris, and rubbish. ARTICLE 8 OTHER WORK 8.4 Coordination.Add the following: 8.4.1 Construction activities must be coordinated with the normal operation of the City of Seward, the Harbormaster, lease holders, and landowners adjacent to the project. The Contractor's work schedule, staging areas, construction, etc. shall accommodate the needs and schedule of these entities.The Contractor shall coordinate staging, storage,and construction activities with the City of Seward. 8.4.2 The City of Seward,Harbormaster,will require a minimum of 14 days notice for the execution of any boat removal or relocation. More advance notice for multiple vessel relocations(i.e.,vacating large harbor areas)shall be made in writing by the contractor upon submission of the Anticipated Schedule in accordance with Section 6.6 of the General Conditions. Earlier start dates without providing the notice will not be permitted unless coordinated in advance and expressively approved in writing by the City's Representative. 8.4.3 The Contractor shall provide a minimum 48-hour notice of any other construction operations which may affect City of Seward operations. Coordination,scheduling and conflicts shall be directed to the Harbormaster or his designee. designated areas of ARTICLE 11 CONTRACT TIME; COMPUTATION AND CHANGE 11.8 Delay Damages.Add the following: The City may withhold, out of any progress payment, the sum and assess Liquidated Damages of One Thousand Five Hundred dollars ($ 1,500.00) for each and every calendar day that the Final Completion Date is delayed beyond the specified Contract Completion Date to cover the City's ongoing administrative costs.Additional Liquidated Damages directly associated with any restricted access or use of SMIC facilities including all docks, lifts, uplands, staging areas, seafood outfall, sewer outfall and quarry will be charged to the Contractor based on actual costs incurred plus 10% markup to cover City administrative time associated with management of the shutdowns. SMIC Harbor Improvements MODIFICATIONS TO THE GENERAL CONDITIONS Section 000800 Page 7 ),ori SECTION 000800-MODIFICATIONS TO THE GENERAL CONDITIONS ARTICLE 12 QUALITY ASSURANCE 12.3 Tests and Inspections. Add the following: 12.3.5 A City representative will be assigned to observe the work. It is understood that such City representative(s)shall have the authority to issue Notice of Non-conformance, and make decisions within the limitations of the authority of the City. The Contractor shall furnish all reasonable assistance required by the Engineer or City representative(s)for proper observation of the work. The above-mentioned project representatives shall not relieve the Contractor of his obligations to conduct comprehensive inspections of the work and to furnish materials and perform acceptable work,and to provide adequate safety precautions, in conformance with the intent of the Contract. ARTICLE 13 PAYMENTS TO CONTRACTOR AND COMPLETION 13.1 Schedule of Values. Add the following: Schedule of Values for this project must include project name,project number,and contract number and must reflect the header information listed in the table below. Item Item Unit Unit Plan Previously This Invoice Total To Date # Price Invoiced Quantity $Amt Quantity $Amt Quantity $Amt Quantity $Amt 1 Fill CY $5.00 100 $500 20 $100 10 $50 30 $150 END OF SECTION SMIC Harbor Improvements MODIFICATIONS TO THE GENERAL CONDITIONS Section 000800 Page 8 O SECTION 000900-SPECIAL PROVISIONS 900.01 General Statement The Special Provisions set forth conditions and requirements unique to this Project and are supplemental to, and supersede, the City of Seward General Conditions of the Construction Contract as amended by the Modifications to General Conditions. It shall be the responsibility of the Bidder to prepare his/her bid so all materials and construction shall harmoniously conform to the intent of the Contract Documents. 900.02 Scope of Work The scope of work under the Base Bid generally includes providing a new 960 If rock breakwater totaling nearly 251,000 tons of several classes of rock materials along the west side of the Seward Marine Industrial Center(SMIC)harbor basin and dredging 111,500 cy to create a new channel into the basin from the north to an elevation of-20ft MLLW and associated navigational aids and marker piles. In addition,the existing sewer and seafood outfalls will be relocated to accommodate the breakwater and dredging work. The scope of work under Additive Alternate A generally consists of removal of the existing turning dolphin and catwalk and providing a new steel pile supported turning dolphin and catwalk at the Syncrolift pier. The scope of work under Additive Alternate B consists of furnishing and stockpiling a total of 2,000 tons of Class A and 2,500 tons of Class B Primary Armor Rock. 900.03 Laborer's and Mechanics' Minimum Rates of Pay Use the applicable State wage rates that are in effect 10 days before Bid Opening. State wage rates can be obtained at the following website: http://www.labor.state.ak.us/Iss/pamp600.htm 900.04 Time of Completion The following work shall be completed in accordance with the Contract Documents: • Pile driving and dredging shall occur between September 30th and April 1st, to comply with permit requirements. • Substantial Completion: Substantial completion is defined as all Work completed except inspection and associated repairs/corrections.All work on the project shall be substantially completed,tested, and fully functional by April 1, 2017. • Final Completion: Final project completion is defined as all Work completed. All work under this contract including all closeout documentation must be completed no later than April 30,2017. If any additional repairs are required,the Contractor shall make these repairs immediately upon notification. 900.05 Coordination and Scheduling The Contractor will closely coordinate all work with the City's Representative.The work will be scheduled and performed in a manner that minimizes disruption to harbor traffic and seafood processor operations(Polar Seafoods' normal operations are late June through early September and mid-January through mid-March). The Contractor shall sequence dredging and breakwater construction in a manner that does not restrict access by vessels to the dock facilities at the SMIC. A minimum 200-ft wide navigation channel(-20 ft bottom elevation)to all SMIC waterside facilities shall be maintained at all times. Coordinate with the City and Harbor Leasers is necessary for any restricted access. The City's Representative shall be notified at least 2 weeks in advance of any unplanned disruptions of service to dock facilities to allow coordination with harbor activities. Any delays to the Contractor's work as a result of lack of adequate coordination will be at the Contractor's expense. Relocation of the sewer outfall shall be coordinated with the City's Representative. Shutdown in service to the sewer outfall will be kept to a minimum to ensure that the lagoon has enough capacity to intake effluent without release during the construction of the outfall. At least 2 weeks' notice shall be provided to the City Representative to allow adjusting of the lagoon overflow weir as needed to facilitate the work Relocation of the seafood outfalls shall be coordinated with the City's Representative and Polar Seafoods. Preferred shutdowns of the outfall are between mid-September and mid-January to coincide with downtimes at the plant. Dredge disposal activity is not allowed during the first 3 weeks of August unless otherwise coordinated in advance with the City Representative to minimize disruptions with the City's annual Silver Salmon Derby. SMIC Harbor Improvements /Dq SPECIAL PROVISION d� I Section 000900 Page 1 SECTION 000900-SPECIAL PROVISIONS Turning dolphin construction,if awarded,will require coordination with Vigor,Alaska to minimize disruption in service to the Syncrolift dock. The City of Seward is responsible for notification of SMIC users as needed to accommodate demolition of the designated facilities and moorage of the Contractor's barge or otherwise necessary to complete the Work. If the Contractor requires special mooring considerations or relocation of existing boats, he shall contact the City's Representative 30 days in advance to make such request. At least two weeks prior to commencement of any in-water work, the permittee shall publish in the local newspaper,at the City of Seward Harbor Department,and in the U.S.Coast Guard Local Notice to Mariners,a written notification which includes: a description of the in-water work, the anticipated dates of the in-water work;description of the area in which work will be occurring;a diagram or chart of the work area; name,type and number of vessels and equipment; hours of operation; location of equipment during non-work hours; name, VHF/FM channel, and phone number to contact with questions; and any other pertinent information. Notice to the U.S. Coast Guard Local Notice to Mariners shall be submitted by email to d17-of-d17- Imntc uscq.mil . The permittee shall also publish any changes to the in-water work schedule in the local newspaper,at the City of Seward Harbor Department,and in the U.S.Coast Guard Local Notice to Mariners. When requested by the City, and at no additional cost to the Contract, the Contractor's designated Superintendent will be required to attend meetings of the Port and Harbor Advisory Board or City Council. The purpose will be to inform the City and residents of the current status and scheduling of events on the project. 900.06 Permits The Contractor will adhere to the provisions and stipulations set forth in all applicable permits. The following permits have been applied by the City of Seward. Final permit documents are available in Appendix A or if not yet available,will be made available at the City of Seward,Office of the Project Manager and the final permits will be considered part of the Contract Documents: 1. U.S.Army Corps of Engineers Permit, POA-1980-468-M13. 2. Alaska Department of Environmental Conservation (ADEC) Approval to Construct—Sewer Marine Outfall 3. ADEC Approval to Construct—Seafood Outfall(ADEC approval outstanding at time of bidding) 900.07 Order of Award of Alternative Bids The intent of award is to the lowest responsible and responsive bidder unless it rejects all bids. The low bidder will be based on the following bid totals, subject to available funding, listed in the order of priority: 1. Base Bid +Additive Alternate A+Additive Alternate B 2. Base Bid +Additive Alternate A 3. Base Bid If all bids for#1 above exceeds the stated budget, the award will be based on the low bid for#2 or#3 as funding allows. Bidders are required to submit bids for the Base Bid items and all Additive Alternate items contained in the Bid Schedule. The City will state the amount of available funding at the time of bid opening. The City will notify the successful bidder in writing of its intent to award the Contract and request that certain required documents, as listed in Section 000200—Required Documents be submitted within the time specified. The successful bidder's refusal to sign the Contract and provide the requested documents within the time specified may result in cancellation of the notice of intent to award and forfeiture of the bid security. 900.08 Public Convenience and Access The CONTRACTOR shall comply at all times with the provisions of this article while constructing this project. Adjacent docks are to remain in public service. The CONTRACTOR shall take all precautions necessary and install protective barriers and/or warning signs to ensure public safety and continued access to nearby docks and beach areas. END OF SECTION SMIC Harbor Improvements O SPECIAL PROVISION Section 000900 Page 2 Sponsored by: Hunt CITY OF SEWARD,ALASKA RESOLUTION 2015-072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE ALASKA DEPARTMENT OF TRANSPORTATION HARBOR FACILITY GRANT PROGRAM FOR $2,680,000 FOR THE B, C, S, AND A-FLOAT REPLACEMENT PROJECT AT THE SEWARD SMALL BOAT HARBOR WHEREAS,the City of Seward hired URS Engineers to inspect the southwest portion of the original small boat harbor in October 2010; and WHEREAS,the report written in January 2011 found that the docks that were constructed in the 1960's are beyond their service life; and WHEREAS,the report recommended that the replacement of B,C,S and A-Float should be the harbor's top priority; and WHEREAS, the city filed an application with the Alaska Department of Transportation Harbor Facility Grant Program for a one-time Tier I 50/50 matching grant; and WHEREAS, the city has received a Tier One matching grant offer from the Alaska Department of Transportation Harbor Facility Grant Program in the amount of$2,680,000. 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 accept grant funding and execute the grant agreement with the State of Alaska Department of Transportation Harbor Facility Grant Program, in substantially the form as presented at this meeting. Section 2. Funding in the amount of $2,684,000 is hereby accepted into the Harbor Infrastructure Replacement Project State Grant Revenue account no. 11371-0000-5922. Section 3. The City Council authorizes city matching funds in the amount of$2,772,400 towards the city's portion of this project, to include the primary scope of work in addition to Additive Alternate No. 1 and Additive Alternate No. 2,which will be brought before council at the next meeting. Section 4. This resolution shall take effect immediately upon its adoption. C9 1I Agenda Statement j0f SFt° Meeting Date: August 10,2015 „ ti? '` To: City Council BASK Through: City Manager Jim Hun From: Harbormaster Norman Regis Agenda Item: Authorizing the City Manager to enter into a grant agreement with the Municipal Harbor Facility Grant Program. BACKGROUND&JUSTIFICATION: An October 2010 inspection of the Seward Small Boat Harbor included a visual inspection of the facilities in the southwest harbor including approach trestles,gangways,and floating docks A,B,C, D,G and S Floats as well as the south harbor boat launch ramp. The Final Inspection Report issued in January 2011 states, "The floating docks in this section of the harbor were constructed in the 1960's and are at or beyond their service life and should be replaced. The report went on to recommend that A, B, C,D and S-Float be replaced. D-Float was replaced in 2013 and 2014" In resolution 2014-057 Council approved the City Manager to submit a Municipal Harbor Facility Grant Application for the replacement of B,C and S-float. In October 2014 DOT reported that the City's grant application scored the highest compared to other harbors. The funds approved were $2,684,000.On June 30th 2015,the Governor signed the 2016 Budget in which the City will receive these funds. INTENT: Accept Grant funding in the amount of$2,680,000 and execute a grant agreement with the State of Alaska Department of Transportation,Harbor Facility Grant Program. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan(document source here): Create a thriving port of 1. Seward through harbor improvements,infrastructure expansion, and X implementation of management plans. (page 23) 2 Strategic Plan (document source here): 2003 Small Boat Harbor X Planning and Development Guide. 3. Other(list): Inspection Report January 2011 X FISCAL NOTE: Half of the cost of the construction work will be paid from a matching grant$2,680,000 from the Alaska Department of Transportation.The City's matching funds will be necessary to complete this project and will be brought before council in a separate resolution. Approved by Finance Department: 1514,.. ..46,4 ATTORNEY REVIEW: Yes No X RECOMMENDATION: 011 Council support Resolution 2015- authorizing the City Manager accept grant funding and execute a grant agreement with the State of Alaska Department of Transportation Municipal Harbor Facility grant Program 1 Department of Transportation and ��� , THE STATE P Public Facilities ...3-..A.:4� f1 1LAS}(�L 1 #flf + Design&Engineering Services �; "�` I ,tl\'I RN()K 1311 I \\ Al KI-R Port&Harbors Section 3132 Channel Drive Juneau.Alaska 99811-2500 Man 907-465-2960 Fax:907-465-2460 July 16,2015 James Hunt City Manager City of Seward P.O. Box 167 Seward,Alaska 99664 Subject: Letter of Award of the FY16 Harbor Facility Grant Funds Dear Mr. Hunt: Congratulations on successful funding of your application for the Department of Transportation and Public Facilities' Harbor Facility Grant Program. Upon execution of a harbor grant agreement with the department,the City of Seward will receive a Tier I 50/50 matching harbor grant in the amount of $2,684,000 for construction of the Seward Harbor project. These funds are 100%state general funds. As a reminder,and as explained in the harbor grant instructions, the municipality will have six(6) months from the date of this Letter of Award to properly ratify and execute a mutually agreeable grant agreement with the department.Note if there is a change in your harbor project that affects the nature of the municipality's original application, then that could prevent us from executing a harbor grant agreement. If a grant agreement cannot be completed within that six month period,the department may deny the award and select the next highest scoring proposal or award the funds in subsequent years. After the grant agreement is signed,the City of Seward will have eighteen(18)months to complete the construction phase of the Seward Harbor project. Please contact me at your earliest convenience to discuss the grant agreement and the timing for your harbor project. I look forward to working with you on this important municipal harbor project. If you have any questions,please contact me at(907)465-3979. If you have any questions,please contact me at(907)465-3979. Sa ncer 1y, � r � Michael Lukshin, P.E. State Ports and Harbors Engineer "1,cep ep Ala.lc,, Mullin,'through set vice and infrastructure... all DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES Harbor Facility Grant Program Grant Agreement Name of Harbor Facility Grant Agreement Number Type of Harbor Facility Grant Seward Small Boat Harbor 16-HG-001 Tier I Project Title Amount of State Grant Amount of Matching Municipal Funds Seward Harbor B,C, S Dock Replacement $2,684,000 $2,684,000 Project Grantee Contact Department Program Manager Municipality Name City of Seward Michael Lukshin, P.E. Grantee Contact Person Title/Grant Officer James Hunt, City Manager State Port and Harbor Engineer Street/PO Box Street/PO Box P.O. Box 167 P. O. Box 112500 City/State/Zip City/State/Zip Seward,AK 99664 Juneau,AK 99811-2500 Phone Fax Phone I Fax 224-4046 224-4038 465-3979 465-2460 AGREEMENT The Department of Transportation and Public Facilities("Department")and City of Seward("Grantee")agree as follows: Section I.The Department will distribute Harbor Facility(ref: AS 29.60.800 et seq)grant monies to Grantee for performance of approved project work under this Agreement. The amount and timing of grant distribution is conditioned upon Grantee's payment of 50% matching funds and documented proof of authorized expenses incurred. In no event shall the distribution exceed$2,684,000. Section II.The Grantee shall comply with all terms and perform all work as outlined in this Agreement. Section III. Grantee's work under this Agreement is scheduled to begin in fall of 2015 and shall be completed no later than March 31,2017. Section IV.This Agreement consists of this page,grantee's original application package,and the following: APPENDICES ATTACHMENTS Appendix A: Standard Provisions Attachment 1: Scope of Work Appendix B: Definitions 1. Project Name and Description Appendix C: Other State Laws and Regulations 2.Project Budget Appendix D: Insurance 3.Project Narrative Appendix E: Audit Compliance 4.Project Management&Reporting Appendix F: Site Control Attachment 2: Payment Method Appendix G: State Fire Marshall Review Attachment 3: Forms Packet a. Financial&Progress Report b. Sample Amendment c. Authorized Signatures Form AMENDMENTS:Any fully executed and mutually agreed upon amendments to this Agreement Grantee Department Signature Signature Printed Name and Title Printed Name and Title James Hunt, City Manager Michael Lukshin, P.E.,State Ports and Harbors Engineer Date Date Appendix A Standard Provisions Article 1. General The laws and statutes of the State of Alaska shall govern this grant agreement. Article 2. Legal Authority The Department enters into this grant agreement in accordance with AS 19.05.040(12).The Grantee certifies it possesses legal authority to accept grant funds from the State of Alaska and to execute the project described in this Grant Agreement by signing the Grant Agreement document. The Grantee's relation to the Department and the State of Alaska shall be at all times as an independent Grantee. Article 3. Program Objectives Authorized under Alaska Statute 29.60.800 et seq, these grants are subject to legislative appropriation and, subject to Grantee's provision of matching funds, available for purposes of municipal or regional housing authority harbor facilities construction,expansion,major repair,or major maintenance. Article 4. Program Procedures Following a grant application and review process,the Department executes a grant agreement with the successful grant applicant and specifies the terms under which a funded project may be implemented. Article 5. Assurance The Grantee shall spend monies awarded under this grant only for the purposes specified in this Grant Agreement,in accordance with AS 29.60.800 et seq. Article 6. Matching Funds Grantee shall provide at least 50 percent of the total project cost as matching funds for the state grant.Money received by the municipality from the state will not be used for the matching funds except money received under a) AS 29.60.850-29.60.879(community revenue sharing program); b) AS 29.60.450, AS 43.75.130,and 43.75.137(shared fisheries business taxes); c) AS 43.52.200-43.52.295(excise tax on overnight accommodations on commercial passenger vessels);and d) a transfer agreement between the state and a municipality pursuant to a sale under AS 35.10.1210. Article 7. Financial Management and Accounting Grantee shall establish and maintain a financial management and accounting system that conforms to generally accepted accounting principles. Article 8. Recordkeeping Grantee shall keep records concerning monies received, monies spent, and work performed in connection with this Grant Agreement. Such records will include documents concerning grant awards and authorizations, obligations, unobligated balances,assets, liabilities,outlays and income, project performance and efforts to comply with the provisions of the Grant Agreement. Article 9. Reports,Inspections and Audits The Grantee shall comply with all provisions of the grant agreement. It is responsible for managing the day- to-day operations of grant activities. However, as program steward, the Department monitors grants and Rev.06/1013 Harbor Facility Grant Agreement No. /6-HG-001(Appendix A) Page 1 of 8 W grant-supported activities. It does so through review of retained records, reports and correspondence from grantee,audit reports,site visits,and other means available to the Department. Article 10. Access to Records and Project The Department and State officials shall have full access and the right to examine, excerpt, and copy any documents of Grantee, and of persons or organizations with which the Grantee may contract, generated in connection with this Grant Agreement and any associated work. Additionally, the Department shall have unhindered access to the project site and all work performed in connection with this Agreement. Article 11. Retention of Records Grantee shall retain financial and program records,supporting documents,electronic data,and other records relating to the performance of this Grant Agreement for a period of six (6) years from the date when the Department completes a grant closure letter for the Grantee, or until final resolution of any audit findings, claims,or litigation related to the grant,whichever is later. Article 12. Reports Grantee, at such times and in such forms as the Department may require, shall furnish the Department with such periodic reports as it may request regarding the Grant Agreement and any associated work, including the final close-out report, costs and obligations incurred, and any other matters covered by this Agreement. Failure to submit complete,accurate,and timely reports may result in termination of the Grant Agreement or other enforcement action by the Department. Article 13. Assignability Grantee shall not assign or transfer any interest in this Grant Agreement. Article 14. Amendments and Modifications Grantee or the Department may request an amendment or modification of this Grant Agreement. However, with the exception of State measures imposed in connection with an enforcement action,such amendment or modification shall not take effect until they are properly ratified,approved in writing by the Department,and fully executed by mutual agreement. Article 15. Coordination of Appendices and Attachments In the event that any of the following listed contract documents conflict with another listed contract document,the order of precedence is: 1. Appendix A:Standard Provisions 2. Appendix B:Definitions 3. Appendix C:Other State Laws and Regulations 4. Appendix D:Insurance 5. Appendix E:Audit Compliance 6. Appendix F:Site Control 7. Appendix G:State Fire Marshall Review 8. Attachment 1:Scope of Work 9. Attachment 2:Payment Method 10. Attachment 3:Forms Packet Article 16. Waivers No conditions or provisions of this Grant Agreement can be waived unless approved by the Department in writing. The Department's failure to insist upon strict performance of any provision of the Grant Agreement, or to exercise any right based upon a breach thereof, or the acceptance of any performance during such a breach,shall not constitute a waiver of any right under this Grant Agreement. Rev.06/2013 Harbor Facility Grant Agreement No.16-HG-001(Appendix A) Page 2 of 8 Article 17. Obligations Regarding Contracts and Third-Party Relationships Grantee shall be responsible for preparing and administering all contracts and work undertaken in connection with a grant award. Grantee shall ensure all such contracts and work comply with applicable federal, state, and local statutes,regulations,ordinances,and laws. Grantee shall remain fully obligated under the provisions of this Agreement notwithstanding its designation of any third party or parties of the undertaking of all or any part of the project described herein. Any subcontractor that is not the Grantee shall be required to comply with all the provisions of this Agreement. Grantee shall bind all contractors to each and every applicable Grant Agreement provision. Each contract for work to be performed with funds granted under this Grant Agreement shall specifically include a provision that the Department and the State of Alaska are not liable for damages or claims from damages arising from any contractor's performance or activities in connection with work authorized by this Grant Agreement. No contracting by Grantee shall create any contract or other relationship between the Department or the State of Alaska and the contractor.This Grant Agreement is solely for the benefit of the parties to the Grant Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of the Grant Agreement. Article 18. State Procurement Code The State Procurement Code does not apply to grants[ref:AS 36.30.850(b)(1)]. Article 19. Indemnification Grantee, its successors and assigns, will defend, indemnify,and hold harmless the Department and the State of Alaska and their authorized agents and employees,from all claims,actions,costs,damages,or expenses of any nature whatsoever by reason of the acts or omissions of the Grantee, its contractors, subcontractors, assigns, agents, licenses, invitees, employees, or any person whomever arising out of or in connection with performance of this Grant Agreement or any related contract. This obligation shall not include such claims, costs, damages, or expenses which may be caused by the sole negligence of the Department and the State of Alaska or their authorized agents or employees, provided, that if the claims or damages are caused by or result from the concurrent negligence of(a) the Department and the State of Alaska and their agents or employees, and (b) the Grantee, its agents or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Grantee,or Grantee's agents or employees. Article 20. Notices The Grantee shall comply with all public notices or notices to individuals required by applicable state and federal laws and shall maintain a record of this compliance. Article 21. Political Activity No portion of the funds provided shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. Article 22. Conflict of Interest No officer or employee of the Department; no member, officer, or employee of Grantee or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of such locality or localities who exercises any functions or responsibilities with respect to the project during his or her tenure,shall have any personal or pecuniary gain or interest,direct or indirect, in any contract,subcontract,or the proceeds thereof,for work to be performed in connection with the project assisted under this Grant Agreement. Grantee shall incorporate, or cause to incorporate, in all such contracts or subcontracts, a provision prohibiting such interest pursuant to the purpose of this provision. Rev.06/1013 Harbor Facility Grant Agreement No. 16-HG-001(Appendix A) Page 3 of 8 Aug Article 23. Prohibition Against Payment of Bonus or Commission The assistance provided under this Grant Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval or concurrence under this agreement. Article 24. Grant Agreement Termination Date The Department will automatically terminate this Grant Agreement after either(1)the project is complete and 100%of the grant funds have been dispersed or(2)eighteen(18)months have lapsed since the date the grant agreement was signed,which ever one comes first. Article 25. Termination by Mutual Agreement This Grant Agreement may be terminated, in whole or in part, prior to the completion of contract project activities when both parties agree continuation is not feasible or would not produce beneficial results commensurate with the further expenditure of funds. The Department will determine whether an environmental review of the cancellation is required under State and/or Federal law. The parties must agree on the termination conditions, including effective date and the portion to be terminated. Grantee shall not incur new obligations for the terminated portion after the effective date,and shall cancel as many outstanding obligations as possible. The Department shall make funds available to Grantee to pay for allowable expenses incurred before the effective date of termination. Article 26. Termination for Cause If Grantee fails to comply with the terms of this Grant Agreement, or fails to use the grant for only those purposes set forth herein,the Department may take the following actions: A. Suspension—After mailing written notice to grantee via certified mail, suspend the grant and withhold any further payment or prohibit grantee from incurring additional obligations of grant funds, pending corrective action by grantee or a decision to terminate. Grantee must delivery its protest to the grant officer, if any, within 15 days of the Department's certified mailing. Otherwise, grantee will waive any right of protest. B. Termination — Terminate the grant in whole or in part, at any time before the final grant payment is made. The Department shall promptly notify grantee in writing of its determination to terminate, the reason for such termination, and the effective date of the termination. Payments made to grantee or recoveries by the Department shall be in accordance with the legal rights and liabilities of the parties. C. The Department may take any other enforcement action as may be appropriate. Article 27. Withdrawal of Funds In the event funding from the state legislature is withdrawn,reduced,or limited in any way after the effective date of this Grant Agreement and prior to normal completion, the Department may, without liability to Grantee or others, terminate the agreement, reduce funding, or re-negotiate subject to those new funding limitations and conditions. The Department will notify grantee of any such action through certified mail. Article 28. Recovery of Funds In the event of a default or violation of the terms of the Grant Agreement including misspent funds, unallowable costs incurred, or unobligated balances, the Department is entitled to recover all or part of the project funds paid to Grantee. If Grantee does not promptly remit the funds in response to a demand, the grant officer or the Department may collect the debt by: • Making an administrative offset against payments that would be due under other grant awards or appropriations, • Withholding advance payments that would otherwise be due, • Instituting civil action,or • Taking any other action permitted by law. All remedies conferred on the Department by this Agreement or any other instrument or agreement are cumulative,not exclusive,and may be exercised concurrently or consecutively at the Department's option. Rev.06/2013 Harbor Facility Grant Agreement 8 reeement No. 16-HG-001(Appendix A) Page 4 of �1 f I Article 29. Enforcement The grant officer may take one or more actions in the event grantee fails to comply with the terms of the award.Upon written notification via certified mail explaining the basis of the action,the grant officer may suspend the grant pending corrective action or terminate the grant for cause.The grant officer may impose conditions requiring correction of noncompliance or deficiency,e.g.,temporarily withholding grant payment or conversion from an advance payment method to a reimbursement method. If conditions are imposed,the grant officer will inform grantee in writing as to the nature of the conditions,the reason for imposition,the nature of the corrective action needed,the time allowed for completing corrective actions,and the method for protesting/requesting reconsideration of this action. Grantee may contest enforcement action implemented by the grant officer through the protest procedure. Article 30. Protest Procedure A grant recipient contesting an enforcement action may file a protest with the grant officer within 15 days of receipt of written notice of the action.If Grantee files its protest after 15 days,the grant officer will deny it as untimely.The protest must include the name,address,and telephone number of the protester,the signature of the protester or the protester's representative, a detailed statement of the legal and factual grounds of the protest,including copies of relevant documents,and the form of relief requested. Within 15 days of receipt of the protest,the grant officer will issue a decision.The grant officer may extend this deadline for up to 30 days, in which case he/she shall notify the protester in writing of date of the extended deadline. If the officer sustains a recipient's objection to an enforcement action, he/she may rescind or modify the enforcement measure,or implement another appropriate remedy.In no case,however,is an applicant entitled to recover more than its reasonable protest preparation costs. In determining an appropriate remedy, the officer shall consider the circumstances surrounding the enforcement measures including the seriousness of the deficiencies, the degree of prejudice to other interested parties or to the integrity of the grant program,the good faith of the parties,the extent to which the terms of the grant agreement have been accomplished, costs to or impacts on the program or department regarding a proposed remedy. Article 31. Appeal Within 15 days of receipt of the grant officer's decision, the protester may file an appeal with the commissioner and file a duplicate copy with the grant officer.The commissioner shall dismiss an appeal if it is untimely.The appeal must include the information required under Article 25,a copy of the decision from which appeal is taken,and identification of the factual or legal errors in the decision forming the basis for the appeal. The grant officer shall file a complete report on the protest and decision with the commissioner within 15 days of receipt of the protest appeal.The grant officer shall furnish a copy of the report to the protester. The protester may file comments on the protest report with the commissioner within 7 days of receipt of the report.The protester shall provide copies of the comments to the grant officer. The grant officer and the protester may make written request to the commissioner for an extension of time to submit their respective filings.The commissioner shall respond any such request in writing.If an extension is granted,the commissioner shall notify both parties of the new filing deadline. The commissioner may issue a decision on an appeal without a hearing if the appeal involves no genuine issues of material fact. If a hearing on a protest appeal is required, it shall be conducted in accordance with AS 3630.670. If a hearing on a protest appeal is required,it shall be conducted in accordance with AS 36.30.670. Rev.06/2013 Harbor Facility Grant Agreement No.16-HG-001(Appendix A) Page 5 of 8 A 90 Article 32. Ownership of Project/Capital Facilities The Department makes no claim to any capital facilities or real property improved or constructed with funds under this Grant Agreement and,by this grant of funds,does not and will not acquire any ownership interest or title to such property of Grantee. Grantee shall assume all liabilities arising in connection with the ownership and operation of the project and agrees to hold the Department and the State of Alaska harmless from any and all causes of action arising in connection with the ownership or operation of the project. Article 33. Site Control If the grant project involves the occupancy and use of real property, Grantee assures it has legal right to occupy and use the real property for the purposes of the grant and that there is legal access to such property. Article 34. Insurance Grantee is responsible for securing and maintaining any necessary insurance, e.g., liability, property loss, etc., or an adequate program of insurance. In addition, Grantee shall provide and maintain Workers' Compensation Insurance as required by AS 23.30 for all employees engaged in work under this Grant Agreement. Grantee shall require any contractor to provide and maintain Workers' Compensation Insurance for its employees as required by AS 23.30. Article 35. Governing law This Grant Agreement is governed by the laws of the State of Alaska. Grantee shall perform all aspects of this project in compliance with the appropriate laws, regulations, and codes. Grantee is responsible for ensuring all permits required for the construction and operation of this project by the Federal,State,or Local governments are obtained. Article 36. Equal Employment Opportunity Grantee may not discriminate against any employee or applicant for employment because of race, religion, color, national origin, age, physical handicap, sex, marital status, changes in marital status, pregnancy or parenthood. Grantee shall post in a conspicuous place, available to employees and applicants for employment,a notice setting out the provisions of this paragraph. Grantee shall state, in all solicitations or advertisements for employees to work on state funded projects,it is an equal opportunity employer(EEO)and all qualified applicants will receive consideration for employment without regard to race,religion,color, national origin,age,physical handicap, sex,marital status,changes in marital status,pregnancy or parenthood. Grantee shall include the provisions of this EEO article in every contract relating to this Grant Agreement and shall require the inclusion of these provisions in every agreement entered into by any of its contractors, so that those provisions will be binding upon each contractor or subcontractor. Article 37. Public Purposes Grantee agrees the project to which this Grant Agreement relates shall be dedicated to public purposes for its useful life. The benefits of the project shall be made available without regard to race,religion,color,national origin,age,physical handicap,sex,marital status,changes in marital status,pregnancy or parenthood. Article 38. Operation and Maintenance Throughout the life of the project, Grantee shall be responsible for the operation and maintenance of any harbor facility to which it has applied grant monies under this Agreement. Article 39. Current Prevailing Rates of Wage Certain grant projects are constrained by the provisions of AS 36. PUBLIC CONTRACTS. To the extent that such provisions apply to this project,Grantee shall pay the current prevailing rates of wage to employees Rev.06/2013 Harbor Facility Grant Agreement No. 16-HG-001(Appendix A) Page 6 of �J.` I as required by AS 36.05.010. Grantee also shall require any contractor to pay the current prevailing rates of wage as required by AS 36.05.010. Article 40. Severability If any provision of this Grant Agreement or its application to any person or circumstance is held invalid by any court of proper jurisdiction,this invalidity does not affect other provisions of this Agreement. Article 41. Performance The Department's failure to insist upon strict performance of any provision of this Agreement or to exercise any right based upon breach thereof shall not constitute a waiver of any rights under this Grant Agreement. Article 42. Sovereign Immunity If Grantee is an entity which possesses sovereign immunity, Grantee shall irrevocably waive its sovereign immunity with respect to state enforcement of this Grant Agreement. The waiver of sovereign immunity, affected by resolution of the entity's governing body,is herein incorporated into this Grant Agreement. Article 43. Audit Requirements Grantee shall comply with the audit requirements contained in 02 AAC 45.010. Article 44. Close-Out The Department will advise Grantee to initiate close-out procedures when the Department determines, in consultation with Grantee,there are no impediments to close-out and that all the following criteria have been met or soon will be met: A. All costs to be paid with grant funds have been incurred with the exception of close-out costs and any unsettled third-party claims against Grantee. Costs are incurred when goods and services are received or contract work is performed. B. A document from the Grantee that states the contractor has completed all work and obligations under the Grantee's contract and there is a formal closure of the Grantee's construction contract.An example of an acceptable document would be the "Letter of Final Acceptance" as found in the Department's Alaska Construction Manual. C. The last required report has been submitted. Grantee's failure to submit a final report will not preclude the Department from effecting close-out if it is deemed in the State's interest. D. Other responsibilities of Grantee under this Grant Agreement and any close-out agreement and applicable laws and regulations appear to have been carried out satisfactorily or there is no further State interest in keeping the grant open for the purpose of securing performance. Article 45. Americans with Disabilities Act The Americans with Disabilities Act(ADA)prohibits discrimination against persons with disabilities.Title I of the ADA prohibits discrimination against persons with disabilities in employment and provides that a reasonable accommodation be provided for applicants and employees. Title II of the Act prohibits public agencies from discriminating against individuals with disabilities in the provision of services, programs, or activities. Reasonable accommodation must be made to ensure or allow access to all services, programs, or activities. This section of the Act includes physical access to public facilities and requires that public entities must, if necessary, make modifications to their facilities to remove physical barriers to ensure access by persons with disabilities. All new construction must also be accessible to persons with disabilities. A public entity's subgrantees or contractors must also comply with the ADA provisions. Grantee is responsible for assuring their compliance with the ADA. Article 46. Future eligibility for additional Harbor Facility Grant Funds Prior to award of this harbor facility grant agreement,the grantee's Seward Small Boat Harbor constituted a Tier I application under AS 29.60.800 et seq. Upon execution this grant agreement,the harbor facility called the Seward Small Boat Harbor will lose its Tier I status in accordance with the Harbor Facility Grant program and AS 29.60.800 et seq.The Seward Small Boat Harbor is still eligible for the Harbor Rev.06/2013 Harbor Facility Grant Agreement No. 16-HG-001(Appendix A) Page 7 of 8 O' 2-' Facility Grant program but all future applications for this harbor facility will have a Tier II status. The change in status of the Seward Small Boat Harbor from Tier Ito Tier II does not affect the Tier I status, for the purposes of this grant program,of any other harbor facilities owned by the grantee. Article 47. Future Harbor Facility Grant Applications For the Seward Small Boat Harbor harbor facility, the current harbor facility project must be completed and grant agreement no. 16-HG-001 closed-out before the grantee can submit another Harbor Facility Grant application for the same harbor facility.The Department shall not issue a subsequent grant agreement at the Seward Small Boat Harbor harbor facility until the prior grant agreement has been closed-out in accordance with the Department's Close-Out procedures. For the purposes of the grant program, this limitation at the Seward Small Boat Harbor harbor facility does not affect the status of any other harbor facilities owned by the grantee. Rev.06/2013 Harbor Facility Grant Agreement No. 16-HG-001(Appendix A) Page 8 of 8 ��J Appendix B Definitions Article 1. General If used in this Agreement,the terms identified below have the following meanings: An"adequate program of insurance"is a property self-insurance retention program which is financially capable of paying the actual replacement cost in the event of damage to or loss of harbor facility component(s)for which the municipality or regional housing authority is seeking a grant under AS 29.60.800 et seq. The grant officer will determine whether a municipality or regional housing authority's program fulfills the foregoing requirement.In so doing,the grant officer will review the adequacy of declared value of the harbor facility, provisions of the self-insurance retention program, and the municipality or regional housing authority's annual financial reports.In reviewing the reports,the grant officer will consider the following: (1) property loss history,outstanding claims liability,and proposed excess insurance coverage; (2) obligations under all other self-insured programs including their self-insured retention levels; (3) funding of the insurance program;and (4) bonded indebtedness. "Adequate property loss insurance"is property insurance underwritten by an insurer acceptable to the grant officer or procured and administered through a joint insurance arrangement authorized by AS 21.76.010 et seq.,which: (1) provides coverage for actual replacement cost in the event of damage to or loss of harbor facility component(s) for which the municipality or regional housing authority is seeking a grant under AS 29.60.800 et seq.,and (2) imposes no more than a customary deductible percentage of actual replacement cost for a municipality or regional housing authority of applicant's size. An "audit" is a systematic review or appraisal of a grant recipient's internal accounting and other control systems to provide reasonable assurance the entity: • Properly conducts financial operations • Presents financial reports fairly,accurately and in a timely manner • Complies with applicable laws,regulations,and other grant terms • Manages and uses resources in an economical and efficient manner • Achieves desired results and objectives in an effective manner "Capital improvement program"is a planning document that identifies the capital needs of a municipality or regional housing authority and indicates how these needs will be funded over a multi-year period. A Capital Improvement Program contains the descriptions and cost estimates for capital improvement projects. "Capital improvement project" or "project" is a public harbor facility, building or other structure, public works, or other facility, highway, or local service road; the term includes an allocation or appropriation item for a public asset with an anticipated life exceeding one year and a cost exceeding $25,000 and may include construction, structural improvement, engineering and design for the project,and equipment and repair costs. "Commissioner"means the commissioner of the Department of Transportation and Public Facilities. "Custodial care program"is a set of organized and methodical acts to ensure that a harbor facility is operated in a prudent and reasonable fashion for the maximum benefit of owners,users and other stakeholders. "Department"means the Department of Transportation and Public Facilities. "Expansion"of an existing harbor facility is any capital improvement that results in an increase in capacity including moorage or dock enhancements. "Fiscal year"means a year beginning on July 1 of one calendar year and ending on June 30 of the following calendar year Rev. 10/2012 Harbor Facility Grant Agreement No. 16-HG-001(Appendix B) Page 1 of 3 "Force account"means the use of the applicant's own labor force and equipment. A"grant" is an award of monies to a municipality or regional housing authority under the harbor facility grant program, AS 29.60.800 et seq. A"grant agreement"is a contract containing the terms under which the department agrees to provide a harbor facility grant to a recipient. A "grant applicant" or"applicant" is a municipality or regional housing authority seeking a harbor facility grant under AS 29.60.800 et seq. A "grant officer" or"officer" is the departmental representative administering the grant application process or a recipient's grant. "Grant program"or"program"is the Harbor Facility Grant Program,AS 29.60.800 et seq. A"grant recipient"or"grantee"is a municipality or regional housing authority to which the department has awarded a harbor facility grant under AS 29.60.800 et seq. A"harbor"is a sheltered arm of the sea,bounded by natural features,manmade structures,or a combination of both, in which small boats may seek refuge,transfer cargo,embark and disembark passengers,and/or undergo repair. A "harbor facility" is a system of floats, piers, ramps, pilings, and associated upland appurtenances within a harbor that provide for the moorage,movement,launching,hauling,and maintenance of small boats. (I) The removal, replacement, rehabilitation, or installation of the following items are eligible for funding under this program: • Approach structures • Pilings and anchors • Access ramps and gangways • Float systems for permanent and transient moorage • Floating breakwaters • Utility systems integral to the float systems (specifically power, lights, fresh water, sewage pump out, and fire protection) • Launch ramps • Seaplane floats • Portable or trailer mounted equipment for fire fighting,sewage pump out,oily bilge water,etc. • Other appurtenances necessary for the basic operation of the harbor facility (2) Work that is not eligible under this program includes the removal,replacement,rehabilitation,or installation of: • Dredging • Rubble-mound breakwaters and revetments • Dikes,groins,and jetties • Wharfs and docks for large commercial or tourist marine vessels(greater than 125 feet LOA) • Seawalls,bulkheads,sheet pile walls,gabions,and quays • Access roads and upland improvements • Boat houses • Commercial or privately owned utility systems on the float systems • Fuel and oil distribution systems • Platform floats for small buildings,restrooms,or commercial retail space • Landscaping and facility amenities, e.g., trash receptacles, used oil collection tanks, storage/locker boxes, fish cleaning stations,etc. • Utility system improvements beyond the harbor facility limits, e.g., electrical and water/sewer line extensions to bring those services to the harbor facility • Harbormaster offices,buildings,offices,shops,boat yards or storage structures • Marine vessel hoisting machinery and small boat haul-out systems Rev. 10/2012 Harbor Facility Grant Agreement No. 16-HG-001(Appendix B) Page 2 of 3 (3) For purposes of this program,each named harbor facility in an agreement that transfers ownership from the state to a municipal or regional housing authority, constitutes a harbor facility for which the municipal or regional housing authority is eligible to receive only one grant with a Tier I status. There may be more than one named harbor facility in a Harbor Transfer Agreement or Bill of Sale. "In-kind contribution"means a contribution of equipment,supplies,property or other non-cash item in lieu of a dollar contribution. "Length-over-all(LOA)"is the linear distance,in feet,from the forward most part at the stem to the aftermost part of the stern of the marine vessel,measured parallel to the base line of the marine vessel. "Major maintenance and/or major repair"is a project to extend the life of an existing harbor facility by 10 or more years including reconstruction and/or rehabilitation with a total cost exceeding$50,000. "Municipality"means a political subdivision incorporated under the laws of the state that is a home rule or general law city, a home rule or general law borough,or a unified municipality. "New construction"means construction of a harbor facility at a new harbor. "Preparation costs," when used in the context of application or protest preparation costs, are limited to reasonable clerical, copying, and postage costs incurred in preparing and submitting grant application forms or documentation in support of a protest.They do not include costs incurred in connection with formulating facility preliminary or layout drawings,engineering designs(comprising plans,estimates and specifications for a project),preventive maintenance plans,financial plans,schedules, budgets,legal costs or fees,or the like. "Preventive maintenance" is the planned strategy of cost-effective treatments to an existing harbor system and its appurtenances that preserves the system,retards future deterioration,and maintains or improves the functional condition of the system(without substantially increasing structural capacity). "Preventive maintenance program" is a systematic approach to extending the life of harbor components by applying low-cost preventive maintenance treatments. "Regional housing authority"means a regional housing authority established under AS 18.55.996 "Small Boat'means a recreational,pleasure or commercial fishing marine vessel with a LOA of equal to or less than 125 feet. "Small Boat Harbor" means a harbor facility where the majority of the marine vessels are small boats. A harbor facility can also be used for intermittent or transient use by vessels over 125 feet long. "Unobligated balance" means the portion of the funds authorized by the department that has not been obligated by the recipient and is determined by deducting the cumulative obligations from the cumulative funds authorized. Article 2. Other terms and definitions If a term is not defined,the ordinary, technical, or trade meanings of that term shall apply, within the context in which it is used. Rev.10/2012 Harbor Facility Grant Agreement No. 16-HG-00l(Appendix B) Page 3 of 3 �eZ�D Appendix C Other State Laws and Regulations The following is a non-exclusive list of legal provisions that may apply to grantee's project. Other provisions may apply. Grantee is obligated to identify and comply with all applicable legal requirements(federal,state,and local). Grant Eligibility—AS 29.60.810 For initial and continued eligibility, Grantee must secure and maintain adequate property loss insurance for the replacement cost of the harbor facility or maintain an adequate program of insurance which achieves the same end. In addition, Grantee must have an adequate preventive maintenance plan for the harbor facility and adequately adhere to the plan after completion of the project. Municipality Public Facility Operations and Maintenance—AS 37.05.315(c) In accepting a grant for construction of a public facility, a municipality covenants with the State that it will operate and maintain the facility for the practical life of the facility and that the municipality will not look to the State to operate or maintain the facility or pay for its operation or maintenance. This requirement does not apply to a grant for repair or improvement of an existing facility operated or maintained by the State at the time the grant is accepted if the repair or improvement for which the grant is made will not substantially increase the operating or maintenance costs to the State. Restriction on Use—AS 37.05.321 A grant or earnings from a grant may not be used for the purpose of influencing legislative action. In this section "influencing legislative action" means promoting, advocating, supporting, modifying, opposing, or delaying or seeking to do the same with respect to any legislative action but does not include the provision or use of information, statistics, studies, or analyses in written or oral form or format. A grant or earnings from a grant may not be used for purposes of travel in connection with influencing legislative action unless pursuant to a specific request from a legislator or legislative committee. Hiring Preferences--AS 36.10 This chapter of the Alaska Statutes applies to grants for public works projects and requires compliance with the hiring preferences under AS 36.10.150–36.10.175 for employment generated by the grant. Historic Preservation Act—AS 41.35 This chapter of the Alaska Statutes applies to public construction of any nature undertaken by the State, or by a governmental agency of the State, or by a private person under contract with or licensed by the State or a governmental agency of the State. The Department of Natural Resources must be notified if the construction is planned for an archaeological site. The department may stop the construction to determine the extent of the historic, prehistoric, or archaeological values. Fire Protection—AS 18.70 This chapter of the Alaska Statutes requires the Department of Public Safety(the State Fire Marshal)to adopt regulations (currently in the form of Uniform Fire Code,as amended)establishing minimum standards for: 1. Fire detection and suppression equipment; 2. Fire and life safety criteria in commercial, industrial, business, institutional, or other public buildings used for residential purposes containing four or more dwelling units; 3. Any activity in which combustible or explosive materials are stored or handled in commercial quantities; 4. Conditions or activities carried on outside a building described in (2) or (3) likely to cause injury to persons or property. Rev. 10/2012 Harbor Facility Grant Agreement No.16-HG-001(Appendix C) Page 1 of 2 Environmental Conservation--AS 46.03 This chapter of the Alaska Statutes applies to Grantees and could subject them to enforcement actions instituted by the Alaska Department of Environmental Conservation for air, land and water nuisances, and water and air pollution in a municipality of 1,000 or more,and may establish a local air pollution control program. Permits and Environmental Procedures Coordination-AS 46.35 This chapter of the Alaska Statutes establishes the Department of Environmental Conservation as the central state agency for processing environmental permits issued by State agencies. The law requires a master application form and specifies the following permits including others designated by the commissioner to which this law applies: Access Roads Permit-AS 41.21.020,11 AAC 12.020 Air Emissions Permit-AS 46.14.140, 18 AAC 50.030 Anadromous Fish Protection Permit-AS 16.05.870,5 AAC 95.010 Authorization for Tidelands Transportation-AS 38.05.035, 11 AAC 51.015 Brine or Other Salt Water Waste Disposal Permit-AS 31.05.030,20 AAC 22.252 Burning Permit during Fire Season-AS 41.15.060,11 AAC 95.410 Coal Development Permit-AS 27.21.030, 11 AAC 85.110 Critical Habitat Area Permit-AS 16.20.510,05 AAC 95.420 Dam Construction Permit-AS 46.17.040, 11 AAC 93.171 Driveway Permit-AS 19.05.040, 17 AAC 10.020 Encroachment Permit-AS 19.25.200,17 AAC 10.012 Limited Personal Use Permit-AS 38.05.820,11 AAC 62.010 Miscellaneous State Land Use Permit-AS 38.05.035,11 AAC 96.010 Mineral and Geothermal Prospecting Permits-AS 38.05.181, 11 AAC 82.100 Open Burning Permit-AS 46.03.020, 18 AAC 50.065 Permit for Use of Timber or Materials-AS 38.05.110, 11 AAC 71.025 Permit to Appropriate Water-AS 46.15.040,11 AAC 93.120 Pesticides Permit-AS 46.03.320, 18 AAC 90.300 Preferred Use Permit-AS 46.15.150, 11 AAC 93.240 Right-of-Way and Easement Permits-AS 38.05.850,11 AAC 58.740 Solid Waste Disposal-AS 46.03.100,18 AAC 60.200 Special Land Use Permit-AS 38.05.035, 11 AAC 58.210 Special Material Use Permit-AS 38.05.115,11 AAC 71.025 State Game Refuge Land Permit-AS 16.20.050- 16.20.060 State Park Incompatible Use Permit-AS 41.21.020,11 AAC 18.010 Surface Oiling Permit-AS 46.03.740,18 AAC 75.700 Surface Use Permit-AS 38.05.255,11 AAC 86.600 Tide and Submerged Lands Prospecting Permit-AS 38.05.250, 11 AAC 62.700 Tidelands Permit-AS 38.05.035, 11 AAC 62.720 Tidelands Right-of-Way or Easement Permit-AS 38.05.820, 11 AAC 62.720 Utility Permit-AS 19.25.010, 17 AAC 15.011 Waste Water Disposal Permit-AS 46.03.100, 18 AAC 72.010 Water Well Permit-AS 31.05.030, 11 AAC 93.140 Rev. 10/2012 Harbor Facility Grant Agreement No. 16-HG-001(Appendix C) Page 2 of 2.4■D Appendix D Insurance Article 1. Insurance Without limiting the Grantee's contractor's indemnification, it is agreed that the Grantee's contractor shall purchase at its own expense and maintain in force at all times during the performance of services under this agreement the following policies of insurance. Where specific limits are shown, it is understood that they shall be the minimum acceptable limits. If the Grantee's contractor's policy contains higher limits,the State shall be entitled to coverage to the extent of such higher limits. During the performance of work under the grant agreement, which could result in financial loss to the State,the Grantee shall ensure that the following insurance policies are provided: 1.1 Workers' Compensation Insurance: The Grantee shall ensure that his contractor shall provide and maintain, for all employees of the contractor engaged in work under this grant, Workers' Compensation Insurance as required by AS 23.30.045. The Grantee's contractor shall be responsible for Workers' Compensation Insurance for any subcontractor who directly or indirectly provides services under this grant.This coverage must include statutory coverage for states in which employees are engaging in work and employer's liability protection is not less than $100,000.00 per occurrence. Where applicable, coverage for all federal acts(i.e.USL&H and Jones Acts)must also be included. 1.2 Comprehensive (Commercial) General Liability Insurance: The Grantee shall ensure that his contractor provide the following comprehensive(commercial) general liability insurance with coverage limits not less than $300,000.00 combined single limit per occurrence and annual aggregates where generally applicable and shall include premises-operations,independent contractors,products/completed operations,broad form property damage,blanket contractual and personal injury endorsements. 1.3 Comprehensive Automobile Liability Insurance: The Grantee shall ensure that there is comprehensive automobile liability insurance covering all owned, hired, and non-owned vehicles with coverage limits not less than $100,000.00 per person/$300,000.00 per occurrence bodily injury and $50,000.00 property damage. 1.4 Professional Liability Insurance: The Grantee shall ensure that the Grantee's contractor, subcontractor, or anyone directly or indirectly employed by them shall have insurance covering all errors, omissions or negligent acts of the contractor, subcontractor or anyone directly or indirectly employed by them. Limits required are per the following schedule: Contract Amount Minimum Required Limits Under$100,000 $100,000 per occurrence/annual aggregate $100,000-$499,999 $250,000 per occurrence/annual aggregate $500,000-$999,999 $500,000 per occurrence/annual aggregate $1,000,000 or over Negotiable At any time, the Department's Grant Officer may request Certificates of Insurance from the Grantee's contractor, subcontractors, or anyone directly or indirectly employed by them. Failure of the Grantee to furnish satisfactory evidence of insurance or lapse of the policy is a material breach and grounds for termination of the grant agreement. Rev.06/2013 Harbor Facility Grant Agreement No. !6-HG-001(Appendix D) Page 1 of! aAci Appendix E Audit Compliance 1. Program Objectives This grant is made at the discretion of the Legislature. The Grants are designated by the Legislature to provide for a specific project or activity to a specific entity. 2. Program Procedures Following enactment of the authorizing legislation, the Department then executes a grant agreement according to the appropriate statute with the entity and specifies the project to be undertaken. 3. State Single Audit The state coordinating agency for Federal and State Single Audits is the Department of Administration's Division of Finance. The Single Audit Coordinator is responsible for ensuring grantees submit their single audits, reviewing the single audits and distributing them to the appropriate agencies.See their web site at http://fin.admin.state.ak.us/dof/ssa/. 4. Governing Regulations The Alaska Administrative Code,Chapter 45(02 AAC 45). 5. Single Audit Coordinator Contact Info P.O.Box 110204,Juneau,AK 9911-0204.Email single.audit @alaska.gov.Phone(907)465-4666. 6. Compliance Requirements and Suggested Audit Procedures There are no specific grant regulations governing the administration of these grants. All compliance requirements and suggested audit procedures must be based upon specific provisions of the grant agreement. A. TYPES OF SERVICES ALLOWED AND UNALLOWED Compliance Requirement • Grant funds can be expended for a variety of purposes as provided for in the authorizing legislation and as specified in the grant agreement. Suggested Audit Procedures • Test expenditures and related records. B. Eligibility • The auditor is not expected to make tests for recipient eligibility C. Matching Level of Effort Compliance • The Grantee is required to submit financial and progress reports, in accordance with Section 4 "Project Management and Reporting"of Attachment 1. Compliance Requirement • Any matching, level of effort and/or earmarking requirements will be identified and established in the grant agreement. Suggested Audit Procedures • As appropriate,review the grant agreement, identify the types and amounts of match required and review the grantees accounting records to verify that the amount of match reported was provided. D. Reporting Requirements Compliance Requirement • The grant agreement will specify the reporting requirements to which the grantee must adhere to. Suggested Audit Procedures • Examine copies of reports and determine completeness,accuracy,and timeliness of submission • Trace data in selected reports to underlying documentation Rev. 10/2012 Harbor Facility Grant Agreement No. 16-HG-001(Appendix E) Page 1 of 2 � �0 E. Special Tests and Provisions Compliance Requirement • The grant agreements often contain specific provisions to which the grantee is to adhere. Suggested Audit Procedures • Review the grant agreement,identify special provisions or requirements and verify that they were met. Rev. 10/2012 Harbor Facility Grant Agreement No. 16-HG-001(Appendix E) Page 2 of 2 Appendix F Site Control 1. Site Control The Grantee must provide evidence of site control for a project that involves any use of land, including but not limited to, construction, renovation, utility projects, fuel storage,roads and trails. As a minimum requirement,the Grantee should obtain a"sufficient interest"that allows the Grantee the right to use and occupy the site for the expected useful life of the harbor facility, dock, building, structure or other improvement. Generally, the interest obtained should be for at least 20 years. A sufficient interest depends upon the nature of the project and the land status of the site. Site control options are identified in Section 2. For projects involving tide and submerged lands,the State of Alaska typically owns most of the state's tide and submerged lands along its coastline. The Department of Natural Resources(DNR) is the public agency responsible for administering the state's tide and submerged lands. For additional information contact your regional DNR, Division of Mining, Land& Water office: Southcentral Regional Office 550 West 7th Avenue, Suite 900-C Anchorage, AK 99501 Phone: 907-269-8503 Southeast Regional Office 400 Willoughby Avenue,4th Floor Juneau, AK 99801 Phone: 907-465-3400 Northern Regional Office 3700 Airport Way Fairbanks, AK 99709 Phone: 907-451-2700 2. Site Control Options Below are some examples of documents that may be used to satisfy site control requirements for various community facilities/projects. The terms and conditions contained in each document must be examined to determine adequacy for a specific project. Tidelands Bill of Sale Lease Easement Use Permit License or Deed Harbor Facility Dock Dump Shop/Storage Building Bulk Fuel Storage Generator Building Multi-purpose building Road Trail Boardwalk Powerline Water/Sewer Line V V V Pipeline V V V Rev.10/2012 Harbor Facility Grant Agreement No. 16-HG-001(Appendix F) Page 1 of I Appendix G State Fire Marshal Review The Plan Review Process Construction, repair, remodel, addition, or change of occupancy of any building/structure, or installation or change of fuel tanks must be approved by the State Fire Marshal's Office before ANY work is started. Residential housing that is three-plex or smaller is exempt from this requirement. Exception: The following jurisdictions have accepted a deferral for total code enforcement and plans should be submitted directly to the city: Anchorage, Fairbanks, Juneau, Kenai, Ketchikan, Kodiak, Seward, Sitka, and Soldotna Plans and specifications regarding the location of the building or structure on the property, area, height, number of stories, occupancy, type of construction, interior finish, exit facilities, electrical systems, mechanical systems, fuel storage tanks and their appurtenances, automatic fire-extinguishing systems, and fire alarm systems must be submitted by the owner or owner's representative to the State Fire Marshal for examination and approval. This review does not address structural considerations or accessibility requirements. Mechanical and electrical review is limited to that which is necessary to confirm compliance with fire and life safety requirements. A copy of the plan review approval certificate must be posted as required in 13 AAC 55.100(b). It is prohibited to occupy a building for which plans have not been examined and approved. If any work for which a plan review and approval is required has been started without first obtaining plan review and approval, an additional special processing plan review fee of $100 is charged for the first violation. The special processing plan review fee for a subsequent violation by the same person is an additional charge equal to the amount of the standard plan review fee for the project. Authority: AS 18.70 Alaska Administrative Code: 13 AAC 50.027 Rev 10/2013 Harbor Facility Grant Agreement No. 16-HG-001(Appendix G) Page 1 of 1 Attachment 1 Scope of Work 1. Project Name and Description The scope of work of this grant is to provide one-half,or 50 percent,of the grantee's eligible costs with state matching funds to the Grantee for use towards the Seward Harbor B,C,S Dock Replacement Project("the project").The description of the scope of work is contained in the Grantee's Harbor Facility Grant proposal dated July 28,2014 and is limited to the Grantee's bid tab results dated June 16,2015.The items of work in the contract were as follows: a) Turnagain Marine Construction(base+additive alternatives 1 and 2) Bid Item Description Quantity Units Unit Cost Item Cost 1 Mobilization/Demobilization All Req'd Lump Sum $320,000 $ 320,000.00 2 Construction Survey All Req'd Lump Sum $73,000 $ 73,000.00 3 Protected Species Observer All Req'd Lump Sum $32,000 $ 32,000.00 4 Demolish of C, S and A Portion of G All Req'd Lump Sum $137,000 $ 137,000.00 Float 5 Demolition and Salvage of B Float All Req'd Lump Sum $21,300 $ 21,300.00 6 Demolition of Fingers North Side of A All Req'd Lump Sum $7,200 $ 7,200.00 Float 7 Demolition of B Float Trestle and All Req'd Lump Sum $13,200 $ 13,200.00 Gangway 8 Demolition of S Float Trestle and All Req'd Lump Sum $9,500 $ 9,500.00 Gangway 9 F&I 10'x280' Main Floats at G Float All Req'd Lump Sum $250,000 $ 250,000.00 10 F&I 10'x434' Main Floats at B Float All Req'd Lump Sum $375,000 $ 375,000.00 11 F&I 10'x502'Main Floats at C Float All Req'd Lump Sum $415,000 $ 415,000.00 12 F&I 4'x32' Stall Floats 56 EA $16,000 $ 896,000.00 13 F&I 20'x40'Gangway Landing Float at All Req'd Lump Sum $63,000 $ 63,000.00 B Float 14 F&I 16'x20'Gangway Landing Float at All Req'd Lump Sum $26,400 $ 26,400.00 S Float 15 Renovate B Float and Reinstall at S All Req'd Lump Sum $16,300 $ 16,300.00 Float Location 16 Renovate A Float All Req'd Lump Sum $11,600 $ 11,600.00 17 F&I Timber Approach Trestle at B Float All Req'd Lump Sum $35,000 $ 35,000.00 18 F&I Timber Approach Trestle at S Float All Req'd Lump Sum $42,600 $ 42,600.00 19 Install Owner Furnished 100' Aluminum All Req'd Lump Sum $6,100 $ 6,100.00 Gangway at New S Float Abutment 20 Furnish& Install New 6'x80' All Req'd Lump Sum $53,600 $ 53,600.00 Aluminum Gangway at New B Float Abutment 21 Galv Steel Piles Furnished All Req'd Lump Sum $160,000 $ 160,000.00 22 12-3/4"Dia.Galt'.Steel Piles for S 700 LF $46.00 $ 32,200.00 Float Furnished 23 Dia.Galv.Steel Piles for Base Bid All Req'd Lump Sum $91,000 $ 91,000.00 Floats Driven 24 12-3/4"Dia Galv Steel Piles For S Float 10 EA $2,200 $ 22,000.00 Driven 25 16"Dia.Galv.Steel Piles for B Float 4 EA $4,800 $ 19,200.00 Trestle Driven 26 16"Dia Galv Steel Piles for S Float 5 EA $4,800 $ 24,000.00 Trestle Driven Rev.4/2012 Harbor Facility Grant Agreement No. 16-HG-001(Attachment 1) Page 1 of 3 27 F&I Potable Water System B&C Float All Req'd Lump Sum $199,000 $ 199,000.00 28 F&I Potable Water System at S Float All Req'd Lump Sum $12,400 $ 12,400.00 29 Suppression System Base Bid All Req'd Lump Sum $240,000 $ 240,000.00 30 Leveling Floatation Furnished All Req'd Lump Sum $5,000 $ 5,000.00 31 Leveling Flotation Installed 50 EA $600 $ 30,000.00 32 F&I Fire Extinguisher and Cabinet 14 EA $1,000 $ 14,000.00 33 F&I Life Ring and Cabinet B&C Floats 14 EA $1,100 $ 15,400.00 34 F&I Life Ring and Cabinet S Float 3 EA $1,100 $ 3,300.00 35 F&I Safety Ladders 65 EA $300 $ 19,500.00 36 F&I Anodes 51 EA $900 $ 45,900.00 37 Power and Lighting Systems All Req'd Lump Sum $580,800 $ 580,800.00 Al-1 Credit for Base Bid Item 15 All Req'd Lump Sum ($8,000) $ (8,000.00) Al-2 Credit for Base Bid Item 22 700 LF ($45.00) $ (31,500.00) Al-3 Credit for Base Bid Item 24 10 EA ($3,200) $ (32,000.00) AI-4 Credit for Base Bid Item 28 All Req'd Lump Sum ($12,500) $ (12,500.00) A1-5 F&I 10'x350'Main Floats at S Float All Req'd Lump Sum $297,000 $ 297,000.00 Al-6 Galv Steel Piles Furnished All Req'd Lump Sum $32,200 $ 32,200.00 Al-7 Galv Steel Piles for S Float Driven All Req'd Lump Sum $25,800 $ 25,800.00 Al-8 F&I Potable Water System at S Float All Req'd Lump Sum $38,600 $ 38,600.00 Al-9 Suppression System at S Float All Req'd Lump Sum $43,600 $ 43,600.00 Al-10 F&I Fire Extinguisher and Cabinet at S 2 EA $1,000 $ 2,000.00 Float Al-11 F&I Life Ring and Cabinet S Float 2 EA $1,100 $ 2,200.00 A1-12 F&I Safety Ladders at S Float 2 EA $300 $ 600.00 Al-13 Power and Lighting Systems All Req'd Lump Sum $25,100 $ 25,100.00 A2-1 Credit for Base Bid Item 6 All Req'd Lump Sum ($6,600) $ (6,600.00) A2-2 Credit for Base Bid Item 16 All Req'd Lump Sum ($5,700) $ (5,700.00) A2-3 Demolition of A and a Portion of G All Req'd Lump Sum $27,600 $ 27,600.00 Float A2-4 F&I 10'x102'Main Floats at G Float All Req'd Lump Sum $80,000 $ 80,000.00 A2-5 F&I 10'x365' Main Floats at A Float All Req'd Lump Sum $294,000 $ 294,000.00 A2-6 F&I 4'x24' Stall Floats at A Float 14 EA $7,700 $ 107,800.00 A2-7 Galv Steel Piles Furnished at A Float All Req'd Lump Sum $68,100 $ 68,100.00 A2-8 Galv Steel Piles for Floats Driven at A All Req'd Lump Sum $37,700 $ 37,700.00 Float A2-9 F&I Potable Water System at A Float All Req'd Lump Sum $37,800 $ 37,800.00 A2-10 F&I Dry Standpipe Fire Suppression All Req'd Lump Sum $53,400 $ 53,400.00 System at A Float A2-11 F&I Fire Extinguisher and Cabinet at A 5 EA $1,000 $ 5,000.00 Float A2-12 F&I Life Ring and Cabinet at A Float 5 EA $1,100 $ 5,500.00 A2-13 F&I Safety Ladders at A Float 18 EA $300 $ 5,400.00 A2-14 F&I Anodes at A Float 17 EA $800 $ 13,600.00 A2-15 Power and Lighting Systems at A Float All Req'd Lump Sum $32,200 $ 32,200.00 Subtotal $ 5,456,400.00 Rev.4/2012 Harbor Facility Grant Agreement No. 16-HG-001(Attachment 1) Page 2 of 3 ✓`9 b) Total of all construction related activities for the project: Contractor Description Quantity Units Unit Cost Subtotal Cost Turnagain Base Bid+additive alternatives 1 and 2 All Req'd Lump Sum $5,456,400 $ 5,456,400.00 Marine Construction. Total $ 5,456,400.00 2. Project Budget Grantee Funds(from a variety of sources) Department Matching Funds Total Grantee and (per AS 29.60.800 et set) Department Funds $2,772,400.00 $2,684,000.00 $5,456,400.00 3. Budget Narrative The Department's grant funds and grantee's matching funds identified above will be used to complete the project described above under the project description. Any project cost increase over the$5,456,400.00 original bid amount shall be borne by and be the responsibility of the grantee, including all change orders, extra work orders, and construction claims by the grantee's contractor. The Department's $2,684,000.00 in grant funds represents the Department's maximum financial contribution toward the project.The Department and the State of Alaska do not have a contractual role in the project and the Grantee shall fully and completely indemnify and protect the State of Alaska, the Department, and its employees of any and all issues connected with construction of the project. 4. Project Management and Reporting This project will be managed by the Grantee. Grantee's highest elected or municipal official possessing signatory authority for execution of the Grant Agreement and subsequent amendments may delegate his/her signatory authority to others within the municipal government via the Signatory Authority Form. The highest elected or municipal official may also designate grantee employees or council members financial and progress reporting authority via the Authorized Signatures Form. Such delegation is limited to officials and employees within the municipal government,unless otherwise approved by the Department. The Grantee must establish and maintain separate accounting for the use of this Grant. The use of Grant funds in any manner contrary to the terms and conditions of this Grant Agreement may result in revocation of the grant and any balance of funds under the grant,a demand by the Department for repayment of grant monies previously distributed to Grantee,or other enforcement action. The Grantee shall submit a Grant Financial/Progress Report Form with the concurrence of the Department, during the life of the Grant Agreement. There is not a specific deadline for Grant Financial/Progress Report Forms as long as the Grantee is making progress towards completing the project. Typically, the report period is the first of the month through the last day of the month.If quarterly reporting is used,the report period is the first day of the first month through the last day of the third month of the quarter. The final Financial/Progress Reports must be submitted within thirty (30) days following completion of the project. Under no circumstances will the Department release funds to the Grantee unless all required reporting is current. Rev.4/2012 Harbor Facility Grant Agreement No. 16-HG-001(Attachment I) Page 3 of 3 ).%) Attachment 2 Payment Method I. Payment Schedule Upon full execution of this Grant Agreement, State treasury warrants will be released according to the payment schedule described below. Additional State treasury warrants will be released on a reimbursement basis upon receiving and approving Grantee's financial/progress reports. The Department will reimburse the Grantee for eligible costs incurred during the reporting period, in accordance with this Grant Agreement. The Department will not reimburse the Grantee without a complete and signed Financial/Progress Report and Request for Reimbursement form,prepared and submitted by Grantee's highest elected or municipal official. See Attachment 3 for a copy of the form. Upon full execution of this Grant Agreement, the payment schedule for the grant agreement number 16-HG-001 shall be: Payment Payment Percentage of Payment No. Completion of work item the Total Grant Amount Amount 1 Award of contract to Grantee's contractor 10% $268,400 2 Grantee's contractor mobilizes on-site in 40% $1,073,600 Seward 3 Grantee's contractor completes 50% of the 15% $402,600 total project cost 4 Grantee's contractor completes 75% of the 15% $402,600 total project cost 5 Grantee's contractor completes 100% of the 10% $268,400 total project cost 6 Department receives all required final 10% $268,400 documentation from the Grantee Total $2,684,000.00 Before each payment, the grantee is responsible for providing suitable backup documentation in addition to submission of the Financial/Progress Report and Request for Reimbursement form. Before approving the financial/progress report for payment,the Department may require the Grantee to submit documentation of the costs reported, e.g., contractor billings, invoices, and copies of signed Grantee treasury warrants made to the Grantee's contractor.The minimum required documentation will be: • For Payment No. 1,the grantee shall provide a copy of a contract or a"Letter of Award"(aka a"Notice to Proceed")to its contractor,or its equivalent.The term"Letter of Award"refers to a process used by the Department to officially notify the successful low bidder on a project that he has been selected to be the contractor for that respective project and the Department accepts his bid.The Grantee must produce an equivalent document showing that the work described in the grant agreement will be performed by a contractor. • For Payment No.2,the grantee shall provide a copy of a payment or invoice,or its equivalent,demonstrating that the grantee's contractor is onsite in Whittier,Alaska.Alternatively,the grantee shall provide a photograph and a statement that grantee's contractor barge is onsite in Whittier,Alaska. • For Payment No.3,the grantee shall provide a copy of a payment or invoice,or its equivalent,for the described project showing that at least 50%of the total project cost has been paid to the grantee's contractor. • For Payment No.4,the grantee shall provide a copy of a payment or invoice,or its equivalent,for the described project showing that at least 75%of the total project cost has been paid to the grantee's contractor. • For Payment No.5,the grantee shall provide a copy of a Substantial Completion Letter to the Grantee's contractor,or its equivalent,that the project is complete. Alternatively,the grantee could provide a copy of a payment or invoice,or its equivalent,for the described project showing that 100%of the total project cost has been paid to the grantee's contractor. • For final payment,Payment No.6,the Department will withhold ten percent(10%)of the grantee agreement amount until all final documents and required grant reports have been submitted to the Department. Rev. 10/2012 Harbor Facility Grant Agreement No. 16-HG-001(Attachment 2) Page 1 of 2 2. Indirect and Direct Costs The Grantor shall pay Grantee the grant funds less any State direct and indirect costs.For this project,there are no planned direct costs by the Department.Indirect charges are formally called Indirect Cost Allocation Plan(ICAP) rates.Per Departmental policy and procedures,all capital project expenditures,including grants,are subject to ICAP charges.The Department's current ICAP rate for harbor CIP projects, including harbor facility grants,is 2%. The Department's ICAP rates vary by type of project.ICAP rates are subject to adjustment due to major changes in the budget for salaries and benefits,or other unforeseen Departmental costs.The Department reviews its ICAP rates annually and,depending on past cost recovery charges,may modify them.Changes to ICAP rates normally take effect at the beginning of the state fiscal year or July 0.The Grantor reserves the right to modify the Department's ICAP rate as necessary. 3. Withholding the Final Payment The Department will withhold the final payment(see Appendix A, Article 44),Payment No.6,until the Department determines that the Grantee has satisfactorily completed the terms of this grant agreement, including all required reporting and submission of photographs of the in-progress and completed project. In addition,the Department may withhold all, or a percentage of, the final payment until it performs a final on-site inspection of the completed project. Rev.10/2012 Harbor Facility Grant Agreement No.16-HG-001(Attachment 2) Page 2 of 2 A 5 Attachment 3 Forms Packet 1. Grant Forms Packet The following pages contain three forms for the grant agreement: • The Financial/Progress Report and Request for Reimbursement form is to be used by the Grantee for reporting and for payment requests. Please read Section 4 "Project Management and Reporting" of Attachment 1. • A template for a Sample Amendment to the grant agreement.As necessary,an amendment may be required to the grant agreement.Please read Article 14."Amendments and Modifications"of Appendix A. • A delegation of Signatory Authority form. Please read Section 4 "Project Management and Reporting" of Attachment 1. Additional copies of these forms are available from the Department, electronically or in hard copy. As necessary, other forms may be developed. Rev.10/2012 Harbor Facility Grant Agreement No. 16-HG-001(Attachment 3) Page 1 of 1 'Dcl Department of Transportation and Public Facilities HARBOR FACILITIES GRANT FINANCIAL/PROGRESS REPORT and Request for Reimbursement Recipient Name and Address: Return Report Form to: City of Seward Dept. of Transportation and Public Facilities P.O. Box 167 State Ports and Harbors Engineer Seward,AK 99664 P.O. Box 112500 Vendor EDI# Juneau, AK 99811-2500 Project Name: Seward Harbor B,C, S Dock Replacement Project Grant Agreement No. 16-HG-001 Report No. Report Period: From: To: Total Grant Amount(DOT&PF portion) I $2,684,000.00 Authorized Invoices/Billings Project Requested payment Budget this Report Period Percent amount from complete DOT&PF* Contractor Payments 5,456,400.00 (Turnagain Marine Construction) Totals Total Requested Amount this Report *Note: reference Attachment no. 2 "Payment Method" of the Grant Agreement Grantee's signature:I certify that to the best of my knowledge and belief the data reported herein is true and correct and all expenditures have been made for the purpose of and in accordance with, applicable grant terms and conditions. In addition, I state that the payment is due and has not been previously requested. Signature of Authorized Official Printed Name and Title Date (Note: Minimum documentation required with payment request is an expenditure report by payee by category by date and a progress report) DOTS PF STAFF USE Encumbrance#: Payment Amount: DOT&PF Approval: Signature Date Coding: Program Number Z _ Phase Number TC8000 Activity Code 270N Object Code 3112 Page 1 of 2 2\4° Department of Transportation and Public Facilities HARBOR FACILITIES GRANT FINANCIAL/PROGRESS REPORT AND REQUEST FOR REIMBURSEMENT Grantee: Grant Number: City of Seward 16-HG-001 Project Title: Report Number: Report Period: Seward Harbor B,C, S Dock Replacement Project From: To: P120(.I21 Rii' RI: Describe activities that occurred during this report period. Identify any problems you may be experiencing. Attach additional pages if necessary. Provide photos of in-progress work and the final project. PDF copies of photos are appreciated. Page 2 of 2 f1. ..�_ DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES Harbor Facilities Grant Program Sample Amendment No. 1 This amendment modifies the Harbor Grant Agreement No. 16-HG-001 between the State of Alaska and the City of Seward signed by Michael Lukshin, P.E., State Ports and Harbors Engineer, and James Hunt, City Manager, City of Seward on August XX, 2015. All other terms and conditions remain unchanged. In Attachment"X" or Appendix "X" (page X of X) change the following: Project Coordinators: Replace "Harold Moeser"with "Victor Winters" Project Budget: At the end of first sentence insert: "SLA 2003, Chapter 82,page 35, line 20" Project Schedule: At the end of the second sentence delete: "shall not exceed$1,000,000.00" and insert: "shall not exceed $5,000,000.00" This Amendment 1 to the Grant Agreement entered into as of the day and year written below: James Hunt, City Manager Date City of Seward State of Alaska Third Judicial District Subscribed and sworn to before me this day of ,2015 Notary Public My Commission expires: Michael Lukshin, P.E., State Ports& Harbors Engineer Date Alaska Department of Transportation and Public Facilities State of Alaska First Judicial District Subscribed and sworn to before me this day of ,2015 Notary Public My Commission expires: Seward Harbor B, C, S Dock Replacement Project DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES Harbor Facility Grant Program Authorized Signatures Form-For Grantee Use Only Grantee City of Seward Grant No. 16-HG-001 Project Seward Harbor B, C, S Dock Replacement Project Fiscal Year 2016 The following Grantee Employees/Commission/Council/Assembly Members are authorized to sign the Grant Agreement and subsequent amendments to the Grant Agreement, if any: Name Name Title Title Signature Signature The following Grantee Employees/Commission/Council/Assembly Members are authorized to sign financial reports and requests for reimbursements of this grant: Name Name Title Title Signature Signature The signatory authority is conveyed by , Highest Elected Official of this day of , 20_ Signature—Manager/Administrator or Highest Elected Official Printed Name Updated 10/2012 of sF City of Seward /ck-�I_7^:'�a ? 2016/2017 Biennial Budget Calendar ) / August 7,2015 Transmit budget directions and forms to department managers August 24 Department budgets due to finance department August 24 Council Budget Kick-Off Work Session-General assumptions of the budget process; identification of major policy questions;Council input on desired programs and services; Electric utility special contracts and seasonal rate discussion August 31 Capital budgets due to finance September 1-4 City manager and finance director meet with department managers to discuss budget requests September 7-18 Finance department develops revenue projections and determines estimated costs of insurance,administrative fees,cost-allocations,debt service, vehicle leases,etc. September 21 Preliminary Budget document distributed to City Council September 29 City Council budget work session(a) September 30 City Council budget work session(b) October 1 City Council budget work session(c) October 26 City Council Meeting—Public hearing on budget November 09 City Council Meeting-Public hearing and adoption of budget (a) Mayor&Council;City Clerk; Legislative/Community Development;City Manager/MIS;Police/Jail/Animal Control;Parks and Recreation;Parking;Seward Senior Center;Chamber of Commerce;Legal/Finance/General Services;Library;FireNolunteers;Emergency Preparedness;Building Inspection (b) Motor Pool;Community Health Center;Hospital;Mountain Haven;Harbor,SMIC,Electric (c) Public Works(roads,city shop,snow and ice);Municipal Building;Water;Wastewater;Capital Improvement Plan;Council direction to Administration {Note:Bond closing in SEA mid-September;ARM Board meeting Sept. 23-25;Alaska Municipal League Conference November 16-20.} g1y Updated: 7/29/2015 Johanna Kinney From: Kris Erchinger Sent: Friday, July 31, 2015 11:52 AM To: Johanna Kinney Cc: Patrick Linton; Kris Erchinger; 'Kim Kowalski-Rogers' Subject: Availability for a Special Council Meeting to approve the CHC budget Johanna, I am coordinating with Pat Linton, for the City Council to approve the budget of the CHC, as required by USDHSS HRSA. The CHC is not likely able to be able to meet our timing needs for the August 24th Council meeting, and their budget deadline for submission to the feds is September 15th. Since Council has authority to consider changes to the budget (although they cannot unilaterally change the budget—without approval of the CHC Board),this doesn't leave any leeway for meaningful Council input if we wait for the September 14th Council meeting. Therefore, can you look to see whether there is a suggested date for a Special Meeting anytime from September 1st through 4th Thank you so much, Kris Z co Aug 31 -Sep 4 Aug 24-28 Aug 17-21 Aug 10-14 Aug3 -7 z w N r r C C I.-. 1;\--4 V J O n o ip -o w LC 3 3 r r VI 0 0 Y/ w w a 3 3 n n n N K K p n n u p. I to VI I N r r A (D v+ orn Co r •C o r -o 3 w o c -1 3 0 0 a 73 cv N LA N 1--, H—■ N N r r V1 CA W N rD F-. a 7 E. Cu I.47 N N r ON ow;,0N V 0 w Fw+aVOw 0 N F•F• -I tn0F+A C > C l0 -1 rnbN,n A S C '^ v0wm s a a W Y a J i NNY LA ,O Ntn CO I-• C! A N N r V CO r A vowrn c N F1,•a co J 0 N ,NON t~nn OO F• C 0 < T 0 N 4/01,01, M R. 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