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HomeMy WebLinkAbout05092016 City Council Packet Seward City Council Agenda Packet a - _ • Happy Mother's Day May 9, 2016 City Council Chambers Beginning at 7:00 p.m. 1963 1965 2005 The City of Seward,Alaska CITY COUNCIL MEETING AGENDAemdF I MAW=MY 1I. {Please silence all cellular phones during the meeting} 4!' May 9, 2016 7:00 p.m. Council Chambers Jean Bardarson 1. CALL TO ORDER Mayor 2. PLEDGE OF ALLEGIANCE Term Expires 2017 3. ROLL CALL 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT Marianna Keil THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Vice Mayor [Those who have signed in will be given the first opportunity to Term Expires 2016 speak Time is limited to 3 minutes per speaker and 36 minutes total time for this agenda item] Ristine Casagranda 5. APPROVAL OF AGENDA AND CONSENT AGENDA Council Member [Approval of Consent Agenda passes all routine items indicated by Term Expires 2016 asterisk(*). Consent Agenda items are not considered separately unless a council member so requests. In the event of such a request, the item is David Squires returned to the Regular Agenda] Council Member Term Expires 2017 6. SPECIAL ORDERS,PRESENTATIONS AND REPORTS Dale Butts A. Proclamations and Awards Council Member Term Expires 2016 1. National Historic Preservation Month Pg. 3 2. Building Safety Month Pg. 4 Sue McClure 3. Harbor Opening Weekend& Blessing of the Fleet Council Member Proclamation .... Pg. 5 Term Expires 2017 B. City Manager's Report . Pg. 6 Deborah Altermatt C. City Attorney's Report Council Member D. Other Reports and Presentations Term Expires 2017 7. PUBLIC HEARINGS James Hunt City Manager A. Ordinances For Public Hearing and Enactment Johanna Kinney 1. Ordinance 2016-001, Amending The Land Use Plan And The City Clerk Zoning Designation Of City Owned Lot 11 a-2, Fort Raymond Subdivision, Replat No. 4, (Replat Pending), Located At Will Earnhart Approximately 2200 Dimond Boulevard, From Park (P) To City Attorney Multi-Family(R-3). Pg. 11 City of Seward, Alaska Council Agenda May 9, 2016 Page 1 8. UNFINISHED BUSINESS—None 9. NEW BUSINESS A. Resolutions 1. Resolution 2016-035, Authorizing Funding In The Amount Of$50,000 To Serve As Matching For A State Of Alaska Department Of Transportation Re-appropriation Of Funds To The Seward Area Paving Improvements Project, And Appropriating Funds. Pg. 27 2. Resolution 2016-036, Authorizing Sole Source Service Contracts For Professional Services Required To Conduct Erosion Mitigation For The Snow River Transmission Line Crossing, Including Permitting By Solstice Alaska Consulting In An Amount Not To Exceed $19,803, Engineering By AWR Engineering In An Amount Not To Exceed $58,758, Surveying By SurvBase Surveying And Mapping In An Amount Not To Exceed $35,709 And Geotechnical Study By Shannon And Wilson Geotechnical And Environmental Consulting In An Amount Not To Exceed $36,630, For A Total Amount Not To Exceed$150,900, And Appropriating Funds. Pg. 31 B. Other New Business Items *1. Approval of the March 29, 2016, April 11, 2016 and the April 25, 2016 Regular City Council Meeting Minutes. Pg. 66 10. INFORMATIONAL ITEMS AND REPORTS (No Action Required) A. Letter to Jade Gamble of Alaska Department of Environmental Conservation regarding the update to the Alaska Federal/State Preparedness Plan for Response to Oil&Hazardous Substance Discharges/Releases (Unified Plan). Pg. 83 11. COUNCIL COMMENTS 12. CITIZEN COMMENTS 13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS 14. ADJOURNMENT City of Seward, Alaska Council Agenda May 9, 2016 Page 2 PROCLAMATION . w, t ti . : ,,,,-,„±,,,,,,,,, r isitif•,`.f.,,7 i -0, R f-.4 ,...4e., \ ` .�., .,..., ,t. ...s." , aA(s . }w �,s� � 1 t '' ''�''� r ,� 0 l _.. ,..., - , , ., 4ti,, . .., ,,,,v0.)!.. 1,,,,,,i,, ....,.. „,,.. \.....,:;.1/ , «... ' , -:,.. s_, INS XA. U• g : 0 •„r" WHEREAS, Historic Preservation is a worthwhile endeavor that enables communities to grow sustainably, become meaningfully revitalized, and remain relevant going forward; and WHEREAS, preserving history is critical to maintaining the character of a community and fosters pride for citizens of all ages and from all walks of life; and WHEREAS, over the course of the past year, the Seward Historic Preservation Commission has contributed to furthering historic preservation in Seward with such activities and projects as updating the Seward Historic Preservation Plan, issuing annual Historic Preservation Awards to outstanding individuals, nominating local historical structures to be included on Seward's official Historic Register, and continuing to perform public outreach and education. NOW, THEREFORE, I,Jean Bardarson, Mayor of the City of Seward, Alaska do hereby recognize May, 2016 as National Historic Preservation Month and do call upon all citizens to participate in this special observance. Dated this 9th day of May, 2016 THE CITY OF SEWARD,ALASKA 3 Jean Bardarson,Mayor PROCLAMATION WHEREAS, the City of Seward's ongoing efforts to address safety issues in the building environment affects all citizens — in everyday life as well as during emergencies or disaster; and WHEREAS, the most widely adopted standards for building safety and fire prevention are the International Codes produced by the International Code Council; and WHEREAS, these codes provide the guidelines that safeguard and protect the public from natural disasters, and also provide the framework for the construction industry to use; and WHEREAS, each year the International Code Council devotes the month of May to remind the public about the critical role that local code officials play in ensuring the safety of their community; and WHEREAS, this year the theme for the month is "Building Codes: Driving Growth Through Innovation, Resilience,And Safety." NOW, THEREFORE, I,Jean Bardarson, Mayor of the City of Seward, Alaska do hereby recognize May, 2016 as Building Safety Month and do encourage everyone to acknowledge the essential services provided to our community by our building safety and fire prevention officials. BUILDING d. I El SAFETY Ii ■1. MONTHMAY INTERNATIONAL CODE COUNCIL Dated this 9th day of May, 2016 THE CITY OF SEWARD,ALASKA Jean Bardarson,Mayor H i r \ PROCLAMATION • WHEREAS, since the 1980s, Seward's traditional Harbor Opening has kicked off the boating season on the third weekend in May each year;and WHEREAS, on Saturday, May 21, 2016 there will be a full day of activities scheduled to honor and celebrate this longstanding tradition that includes: ❖ Sailor's Breakfast at Sailing, Inc. at 8:30 a.m. followed by ❖ Sailor's Swap Meet at Sailing, Inc. at 10:00 a.m., sponsored by Kenai Fjords Yacht Club with proceeds to benefit the Seward Mariners'Memorial ❖ Military Appreciation bar-b-que at the Harbor Plaza at 11:00 a.m., sponsored by the Seward Chamber of Commerce, the Seward American Legion Post 5, and the Seward Military Resort ❖ Seward Mariners' Memorial Plaque Installation Service at 3:30 p.m. at the Mariners' Memorial ❖ Blessing of the Fleet at 4:00 p.m. at the Mariners' Memorial ❖ Boat Parade from the Harbor entrance to the Alaska SeaLife Center and back starting at 4:30 p.m. NOW, THEREFORE, I,Jean Bardarson, Mayor of the City of Seward, Alaska do hereby proclaim the weekend of May 21, 2016 as HARBOR OPENING & BLESSING OF THE FLEET and invite all citizens to join in celebrating this important part Seward's rich nautical history. Dated this 9th day of May, 2016 THE CITY OF SEWARD,ALASKA Jean Bardarson,Mayor CITY OF SEWARD Jim Hunt, City Manager P.O. Box 167 Telephone (907)224-4047 Seward, AK 99664 Facsimile (907) 224-4038 MANAGER'S REPORT April 15,2016 thru April 29,2016 The following purchase orders for between$10,000 and $50,000 have been approved by the City Manager since the last council meeting: 4/21 Electric Potelcom JCN Power Cable $37,060.00 4/21 Electric Potelcom 2"PVC and 4"PVC $21,379.60 4/21 Electric Potelcom JCN Cable $11,775.00 4/21 Electric Anixter Operating Supplies $22,022.42 4/29 SPR Stellar Designs T-Shirts for special events $10,000.00 4/29 SPR Procomm Radios for Campgrounds &Maintenance $15,617.18 ADMINISTRATION • Attended the Seward Airport Improvements Stakeholder Working Group (SWG) and Public Meeting • Drafted and sent objection letter regarding Unified Command Communications Plan amendment • Working with DNR and D.C. representatives on Lowell Canyon issue • ASLC Finance &Board Teleconference • A.P.U.I.T. health insurance plan rates teleconference • Attended WTC luncheon in Anchorage • Meetings with multiple department heads FINANCE • The BDO audit field work completed with 11 different auditors visiting us over the course of three weeks; four of the auditors were returnees. This year the auditors were also engaged to audit the Seward Community Health Center(CHC paid for their own audit). The City's primary auditor,Michelle Drew, is slated to retire so this is the last year we can expect to have her leading Seward's audit team. • The Finance Department had postponed major computer system upgrades pending completion of the audit, and has since completed a major migration to the newest utility billing system. In the future we hope to be able to offer customers the ability to receive their bills electronically. Just a reminder that higher seasonal utility rates will take effect on May's utility bills. Staff will receive training on the new utility billing system over the course of the next few months. Finance also completed a major upgrade of the financial accounting and timesheet systems last week as well. • Personnel is in full-swing with seasonal summer hires, and the City now posts all job openings on the City's website at www.cityofseward.us under EMPLOYMENT OPPORTUNITIES, including job applications and complete job descriptions. • Through the end of April, sales tax receipts are up $15,346 over the previous year, or 3%. This equates to an increase in taxable sales over the prior year of$383,673. Sales tax receipts can vary from sales tax revenues due to the timing of collection. HARBOR • We had construction meetings with Hamilton Construction and R&M for the SMIC breakwater project on 4-28-2016 and 5-5-2016. • Hamilton Construction is continuing to stock pile rock in Kodiak, the new sewer outfall was installed on 4-1-2016,it was also extended 150 beyond what was initially bid to meet new DEC requirements, and the seafood outfall was installed on 4-14-2016. • All the lights have been installed on A, B, C and S-floats,the remaining pedestals have arrived and were installed, during the final walk thru, it was discovered that all the light pedestals were leaking rainwater into the electrical components,making it unsafe for power to be turned on at this time. The engineer and contractors met to discuss and believe they have a solution that will be implemented and ready for the re-inspection on 5/5/16. • The slip holders have started returning to their slips. • Harmon construction has finished constructing the fish cleaning station; once the water tests are done, the project completion report will be sent for your review. • The harbormaster has authorized overtime hours for boat lifts (which the vessel owner pays for)that have gone past working hour, office staff members were authorized overtime for being short staffed, audit prep,meeting with the auditors, adding the new server software and merging the new server to the FSM program. PUBLIC WORKS • There is a structural failure on the bobcat/toolcat that necessitates looking in to trading the old unit in toward a new one. We are in the process of pricing units and what the possibility of a trade in would be • The Corp of Engineers came to inspect the tunnel. There was too much water flowing through so the inspection has been postponed until the spring of 2017. • The street sweeper is not operating as it should and has been in the shop for repair. This is hindering our street cleaning. Paint for the street striping should arrive this week. • After removing the blockage in front of the culvert from 2nd ave to the lagoon,the water has receded and the culvert is flowing freely. This project utilized$5,000 from the Kenai Peninsula Flood Board and the assistance of Metco and the City. • Crews have been busy with seasonal water turn on's; Water to the campgrounds,docks and dump station have been turned on also. • The scope of work to refurbish the Lowell Canyon 400,000 gallon water tank is being worked on. • The North Seward Water Storage Tank is almost complete. We anticipate having the Project Completion Report available for the May 23rd Council Meeting. ELECTRIC • Number of outages/trouble calls in April: 0 Number of new Job Orders started since Jan. 1, 2016: 22 • Construction season is in full effect already. The crew is very busy working on new job orders and the office staff is trying to push jobs out at a rapid pace. Most customers understand the time restraints and the electric department appreciates all of our customers' patience and we are working as quickly as possible. We will continue to work on job orders quickly and efficiently. • The electric department is working with the harbor department to energize their floats. We will continue to coach them on what needs to be done for us to connect their services until the project is complete. • The Railbelt General Managers are scheduled to meet in early May to discuss the conclusion of the Bradley Lake litigation and conflicts. All the managers signed a Memorandum of Understanding (MOU) and the agreement is in the process of being drafted. • A meeting is tentatively scheduled for the Transmission company(Transco)working group and general managers to review the model that indicates the potential savings if a Transco and Unified System Operator(USO) are formed. Please direct John Foutz if the council wants Eric Myers with ATC to come back to Seward to update the council on this information. ri SEWARD COMMUNITY LIBRARY& MUSEUM March 2016 Statistics 9571 Front Door Counter; 114 Museum Admission ;19 Programs; 13 Passport Applications; 11 Notaries; 109 Room Uses; 13 Proctored Exams; 990 Public Computer Sessions Joint Library Catalog Update • Joint Library Catalog is live! The Seward Community Library&Museum joined the Joint Library Catalog(JLC), a consortium with over 74 libraries across Alaska, on April 27, 2016. This shared catalog has over 3.5 million items,many of which are accessible to our patrons. • What You Need to Know o Visit our website to access the new online catalog or go direct to www.cityofseward.us/libmuscatalog. o Online renewals,holds and lists-just sign in! o Sign in with a PIN,which is the last four digits of your library card number. o Use the same PIN to sign in to Alaska Digital Library/Overdrive because it's now connected to our catalog. o P1Ns can be changed after signing in. o Regular library cards can be used at member libraries! o Video loans extended to 5 days! o No overdue fines were carried over! • What You Can Do o Keep your library card or card number handy. o Update your library account. o Share an email address to receive timely notifications. o Pay your lost/damaged fines,because extensive fines will restricted access. o Let us know if you have any questions or concerns. • Summer Reading Program Kick Off Party: Saturday,June 4,Noon—2 pm, for food and fun. All Seward youth are invited to participate in the"On Your Mark, Get Set Read" summer reading program. According to the School Library Journal, "...students who take part in their local library's summer reading program SIGNIFICANTLY improve their reading skills." • We are pleased to welcome back Maureen Callahan,who accepted to position as a Seasonal Aide for the Museum front desk. We are still in the process of hiring another Seasonal Aide, a Technician and a Curator. • The season's final Community Book Club discussion was held on April 19th and will resume in the Fall with a book discussion for the title selected for Alaska Book Week in October. PARKS & RECREATION • Challenger British Soccer Camp is planned for June 20 — 24th at the Elementary Soccer Field. Register online at www.challengersports.com or email dleemingQchallengersports.com. • Telalaska Spring Classic Volleyball Tourney is scheduled for Sat,April 30th • Prepping for upcoming Breeze Inn Spring Classic Basketball Invitational Tourney Sat and Sun May 14th & 15th • Prepping for upcoming special events: Super Saturday Cleanup and Terry's Tires Bike Rodeo Sat, May 14th • Bear's Den B&B Bear Bell Run will be held Fri, June 3 • Youth Soccer Play Day and Kick off to the season will be held Mon,June 13th • Prepping for upcoming Recreational and Competitive Softball Leagues starting in June. • Teen and Youth Center • Summer Camp registration has begun as the brochures are out around the community. Adventure Camp programs went up to the MS and Elem School 5th graders on Tuesday. Memorandum t $ Period:1 March through 31 March 2016 04. P To: Kirk Warren,AEA Faun Lang,CiyctSeined KadAtn+ood,CiycfSemerd From: John Foutz,Electric Utility Manager,City ofSeward Date: 4/28/2016 Subject:Seward Power Plant Integration,Progress Report Grant#7910011 For the most part the project is dormant until spring when crews can adequately start digging again. The construction elements are tentatively scheduled for June 2016. Reviewed the report EPC submitted for the revisions needed to the fuel systems. The electric department sat down and discussed internally all tasks listed in the report. Added comments to the report based on these discussions and submitted it back to EPC. A follow-up meeting is scheduled in April to discuss between EPC and the City. As-builts are being drafted and will be submitted after the revisions to the fuel system are implemented. Respectfully, 4Cr John Foutz, Electric Utility Manager City of Seward P.O.Box 167 Seward,AK. 99664 Phone: (907)224-4071 Email:jfoutz(acityofseward.net 1 q Attachment 2: Progress Report Form Grantee: City of Seward Project Name: Seward Power Plant Integration Grant # 7910011 PeriodofReport:1 March 2016 to 31 March 2016 Project Activities Completed: 1. Nothing to report Existing or Potential Problems: 1 . Report on Generator fuel systems over pressure detected. Activities Targeted for Next Reporting Period: 1. Discussion and direction based on fuel system report. Meeting scheduled in April 2016. 2. Asbuilts for the electrical system as currently installed and including the fuel system after implementation. a SCADA monitoring of Generators 3/6 tentatively scheduled for June 2016. 4 Recloser controller data accessibility tentatively scheduled for June 2016. 5. Transformer load sharing is tentatively scheduled for June 2016. Prepared By: Date: 28 April 16 Printed Name: John Foutz 1 l0 Sponsored by: Planning and Zoning Commission Introduction Date: April 25, 2016 Public Hearing Date: May 9, 2016 Enactment Date: May 9,2016 CITY OF SEWARD,ALASKA ORDINANCE 2016-001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE LAND USE PLAN AND THE ZONING DESIGNATION OF CITY OWNED .LOT 11A-2, FORT RAYMOND SUBDIVISION, REPLAT NO. 4, (REPLAT PENDING), LOCATED AT APPROXIMATELY 2200 DIMOND BOULEVARD, FROM PARK (P) TO MULTI-FAMILY(R-3) WHEREAS, on May 26, 2015 the City Council approved Resolution 2015-046 authorizing the disposal of the approximate 1.7 acres of the south portion of city owned Lot 11A, Fort Raymond Subdivision for the sole purpose of developing a senior housing facility by Kenai Peninsula Housing Initiatives, Inc. (KPHI); and WHEREAS, Resolution 2015-046 also stated KPHI shall, at its own expense, complete all zoning requirements, replatting and rezoning necessary for the development of the facility and provide proof of financing sufficient for the project; and WHEREAS, KPHI has received funding for the senior housing development and has moved forward with the replatting of Lot 11-A creating a southern lot approximately 1.5 acres, to be known as Lot 11A-2, Fort Raymond Subdivision, Replat No. 4 (finalization of plat pending); and WHEREAS, to meet city zoning code development requirements for the senior housing project, KPHI has requested a Zoning and Land Use Plan amendment for Lot 11A-2, from Park (P) to Multi-Family(R-3); and WHEREAS, Seward City Code, SCC 15.01.035, Amendments, (b) (3), allows the independent rezone of areas larger than one (1) acre; and WHEREAS, Lot 11A-2 Fort Raymond Subdivision is approximately 1.5 acres and is abutting city owned lands within the Intuitional Zoning District (INS) to the East, South and West; the remaining Lot 11-A to the North will remain Park Zoning (P); and WHEREAS, the Multi-Family (R-3) Zoning District was established to provide areas for higher density residential housing units which are predominately multi-family and close to concentrations of public services, employment and/or recreation; and WHEREAS, the public notification process was complied with and the appropriate public hearing as required by Seward City Code §15.01.040 was held by the Planning and Zoning Commission on April 5,2016; and CITY OF SEWARD,ALASKA ORDINANCE 2016-001 WHEREAS, the Commission approved Resolution 2016-03, recommending the Seward City Council approve the proposed Land Use Plan and Zoning Maps amendments included in the ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: Section 1. The Seward City Council hereby amends the official Land Use Map of the City by changing the land use designation of Lot 11A-2, Fort Raymond Subdivision No.4 (replat pending) from Park(P)to Multi-Family(R3). Section 2. The Seward City Council further amends the official Zoning Map of the City by changing the zoning designation of Lot 11A-2, Fort Raymond Replat No. 4 (replat pending) from Park(P)to Multi-Family (R3). Section 3. This ordinance shall take effect ten(10) days following enactment. ENACTED by the City Council of the City of Seward, Alaska,this 9th day of May, 2016. THE CITY OF SEWARD,ALASKA Jean Bardarson, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) 12 Council Agenda Statement Meeting Date: April 25, 2016 of sed Through: Jim Hunt,City Manager Ron Long, Assistant City Manager From: Donna Glenz, Planner Agenda Item: Amending the Land Use Plan and rezoning of City-owned Lot 11A-2, Fort Raymond Subdivision, Replat No. 4 located at 2200 Dimond Blvd. from Park(P)to Multi-Family(R-3) BACKGROUND &JUSTIFICATION: Attached for the Council's review and enactment is Ordinance 2016- 00', amending the Zoning designation and Land Use Plan maps for City-owned Lot 11A-2 Fort Raymond Subdivision, Replat No. 4, located at approximately 2200 Dimond Boulevard, from Park (P) to Multi-Family (R3) (see attached maps). On May 26, 2015 the City Council approved Resolution 2015-046 authorizing the disposal of the approximate 1.7 acres of the south portion of City owned Lot 11A, Fort Raymond Subdivision for the sole purpose of developing a senior housing facility by Kenai Peninsula Housing Initiatives, Inc. (KPHI). The Council also required KPHI, at its own expense, complete all zoning requirements, replatting and rezoning necessary for the development of the facility and provide proof of financing sufficient for the project. KPHI has received funding for the senior housing development and has moved forward with the replatting of Lot 11A creating a southern lot approximately 1.5 acres, to be known as Lot 11 A-2, Fort Raymond Subdivision, Replat No. 4 (finalization of plat pending). In order to meet the development requirement of the City Zoning Code, KPHI has requested a Zoning and Land Use Plan amendment for Lot 11A-2, from Park (P) to Multi-Family (R3). Seward City Code (SCC) §15.01.035, Amendments, (b) (3) allows the consideration of this rezone as the area contains more than 1 acre. Lot 11A-2, Fort Raymond Subdivision is approximately 1.5 acres and is abutting City owned lands within the Intuitional Zoning District(INS) to the East, South and West; the remaining Lot 11-A to the North will remain Park Zoning(P). In order for the lot to be rezoned, the underlying Land Use Plan will also need to be amended. The Land Use Plan adopted with the 2020 Seward Comprehensive Plan recommends this area remain Park. However, the Comprehensive Plan supports the development of housing choices that meet the needs of the community. i3 INTENT: Rezone and amend the Land Use Map for City owned Lot 11 A-2, Fort Raymond Subdivision Number 4, located at approximately 2200 Dimond Blvd. from Park(P)to Multi-Family(R3). CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (2020, approved by Council August 8, 2005): 3.2.1 Promote residential and commercial development within the 1. city of Seward in accordance with community values. (page 19) X 3.3.1.1 Support a range of housing choices that meet the needs of people in various income and age groups. (page 22) Strategic Plan (Approved by Council Resolution 99-043): • Expand availability of affordable, diverse, year-round housing. o Seward has a wide range of housing alternatives to meet 2 the varied needs of Seward's long term and seasonal X residents(Page 18,Bullet 3) • Promote Residential and Commercial Development inside the City. (Page 9,Bullet 2) Encourage construction of residential and seasonal housing at all market levels (Page 9,Bullet 2-1) Municipal Lands Management Plan: (Adopted by Council Resolution 2014-095) 2300 Dimond Blvd (between Sea Lion & Hemlock Avenues) Lot 11A, 3. Fort Raymond Subd Replat, X Description: Park parcel located on the east side of Dimond Blvd. Recommendation: Continue use as a public park. Sell with a sound development plan. (Page 20) The Planning and Zoning Commission held the public hearing April 5, 2016 approved Resolution 2016-03 recommending City Council approval of the attached Ordinance 2016- 00 j, amending the Land Use Plan and Rezoning City owned Lot 11A-2 Fort Raymond Subdivision from Park (P) to Multi-Family (R3). No public comments were received by staff or during the Public Hearing. FISCAL NOTE: The City of Seward will have no costs associated with this amendment to the Land Use Plan and change of zoning designation. Approved by Finance Department 94a&4)4Ac ATTORNEY REVIEW: Yes X No At the time of this review no public concerns have been submitted to staff. RECOMMENDATION: The Seward Planning and Zoning Commission and Staff Recommend: April 25, 2016 the Council introduce Ordinance 2016-Ob t amending the Land Use Plan and Rezoning City owned, Lot 11A-2, Fort Raymond Subdivision from Park (P) to Multi-Family (R3) May 9,2016 the Council conducts a public hearing and enacts Ordinance 2011e-OO 1 . 15 City of Seward,Alaska Planning Commission Minutes April 5, 2016 Volume 7, Page 181 Motion (Anderson/Swann) Close the nominations for Vice Chair and elect Martha Fleming as Vice Chair of the Planning and Zoning Commission. Motion Passed Unanimous Consent Unfinished Business Items requiring a Public Hearing—None New Business Items requiring a Public Hearing— Resolution 2016-03 of the Seward Planning and Zoning Commission of the City of Seward, Alaska recommending City Council approve the attached ordinance amending the Land Use Plan and Zoning designation of City owned Lot 11A-2,Fort Raymond Subdivision, Replat No. 4,(Replat Pending) located at approximately 2200 Dimond Boulevard, from Park (P) to Multi- Family(R-3) Motion (Fleming/Swann) Approve Resolution 2016-03 Glenz noted that the approximately 1.5 acre parcel was to be developed by Kenai Peninsula Housing Initiatives (KPHI) to create several units of senior housing. The required platting was being reviewed by the Kenai Peninsula Borough, Glenz said. City Code allowed for the independent zoning designation because the parcel was larger than 1 acre. No public concerns were expressed during the public notice period and staff supported the proposed rezone, Glenz said. Glenz requested an amendment to the attached ordinance, removing reference to "non-income based" noting that Council had approved Resolution 2015-081 removing the"non-income based" reference within the land agreement between KPHI and the City. Eclund asked staff to provide more information about the project, specifically the number of units that might be income based. Glenz stated that grant funding sources for the project required that up to 50 percent of the units be income based. That was a change from the original project concept. The current project included 5 units, of which KPHI stated two were to be income based. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. Hearing no one wishing to speak,the public hearing was closed. City of Seward,Alaska Planning Commission Minutes April 5, 2016 Volume 7, Page 182 Motion(Swann/Fleming) Amend the attached ordinance by striking the words "non-income based" from the first Whereas In response to Ecklund, Glenz said the same amendment could be made to the resolution, following the amendment to the proposed ordinance. Commissioners further discussed the resolution and ordinance. Motion Passed Unanimous Motion (Ecklund/Swann) Amend Resolution 2016-03 by striking the words "non-income based" from the first Whereas Motion Passed Unanimous Consent Ecklund said she understood the Multi-Family zoning request, but observed that highway properties were largely zoned Auto Commercial. Glenz referred Commissioners to a zoning map, which indicated most of the surrounding property was zoned Institutional and noted the parcel did not border the Seward Highway. Main Motion Passed,as amended Unanimous Consent I1 City of Seward.Alaska Planning Commission Minutes April 5, 2016 Volume 7, Page 183 New Business Items— Resolution 2016-04 of the Planning and Zoning Commission of the City of Seward, Alaska recommending the City Council approval of the Planning and Zoning Commission priorities from April 2016 to April 2017 Glenz provided the Commission with the work session history and the direction provided by City Council. Among the annual priorities, Council did recommend working on City Code changes to allow the platting of 3,000 square foot lots. Motion (Swann/Fleming) Approve Resolution 2016-04 Anderson asked staff if the required Code changes to accommodate the platting of 3,000 square foot lots would be extensive. Glenz stated the required Code amendments would require extensive code review work to be sure no code conflicts were created, also noting some coordination with the Kenai Peninsula Borough platting department as the Borough required minimum lot widths of 60 feet. Seese questions why the City of Seward could not continue to develop and create 3,000 square foot lots as it wished. Glenz explained the Kenai Peninsula Borough obtained platting authority from the State and the City obtained Zoning from the Borough in 1978 but the Borough retained the final platting authority. She noted the minimum lot size in the Borough Code is 6,000 square feet if served by public utilities, however; she also noted there was a provision in the Borough Code that allowed smaller lots if the City established by ordinance different minimums. Glenz went on to note that the development of 3,000 square foot lots were great if there was not an alley to provide a portion of the utilities. The Commission further discussed platting, alleys and related Code amendment issues. Voicing concern that the Comprehensive Plan update was going to take a great deal of time and was the number one priority. Motion Passed Unanimous le 111 Sponsored by: Planning and Zoning Commission CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2016-04 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL APPROVAL OF THE PLANNING AND ZONING COMMISSION PRIORITIES FROM APRIL 2016 TO APRIL 2017 WHEREAS,at the January 19, 2016 work session the Planning and Zoning Commission reviewed their Priorities List; and WHEREAS,the Seward City Council Rules of Procedure,adopted March 14, 1994,state that the Council should meet in an annual joint work session with the Commission to address areas of mutual concern; and WHEREAS, the Commission and Council held a joint work session, reviewed and Il updated the Planning and Zoning annual Priorities List on February 24, 2016;and WHEREAS, at the April 5, 2016 meeting the Planning and Zoning Commission reviewed and approved the Planning and Zoning Priority List; and WHEREAS,Council will address a resolution adopting these recommendations. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The following List of Planning and Zoning Priorities is hereby approved and recommended to Council for their adoption: Priorities Short and Medium Term 1) City of Seward Comprehensive Plan Update 2) Parks& Recreation Master Plan Update 3) Help review Camping Code /q Seward Planning and Zoning Commission Resolution 2016-04 Page 2 of 2 4) Bring forward Code changes to allow minimum lot frontages of 30 feet and minimum lot sizes of 3,000 square feet, while meeting all other City Code development requirements 5) Continue to pursue compliance with the Seward City Zoning Code by prioritizing the outstanding health and safety issues,such as snow removal, illegal camping,junk vehicles,etc. 6) Communication Tower Education/Work Session with an Industry Expert Continuing 1) Work with City Council to continue recruitment efforts for the Planning and Zoning Commission 2) Seek additional funding for Planning&Zoning Commissioner training • Search out and add funding to the budget • Maintain a Commissioner training calendar Section 2. This resolution shall take effect immediately upon its adoption. I PASSED AND APPROVED by the Seward Planning and Zoning Commission this 5th day of April,2016. THE CITY OF SEWARD,ALASKA / / 1moi . ��� Cindy i d,Chair iiiii AYES: Swann, Seese, Coulter, Anderson, Fleming, Ecklund NOES: None ABSENT: None ABSTAIN: None VACANT: One ATTEST: .t,,e ♦ r ,e• • S .. ...• . _.. .; • J I llama ' y, .:.v d : : ty Clerk �'°" "( ity $eal) ..it-.r • . ' 1.'1v`,_'4%°?►./ Sponsored by: Staff CITY OF SEWARD,ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2016-03 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL APPROVE THE ATTACHED ORDINANCE AMENDING THE LAND USE PLAN AND ZONING DESIGNATION OF CITY OWNED LOT 11A-2, FORT RAYMOND SUBDIVISION, REPLAT NO. 4, (REPLAT PENDING), LOCATED AT APPROXIMATELY 2200 DIMOND BOULEVARD, FROM PARK (P) TO MULTI-FAMILY(R-3) WHEREAS,on May 26, 2015 the City Council approved Resolution 2015-046 authorizing the disposal of the approximate 1.7 acres of the south portion of City owned Lot 11A, Fort Raymond Subdivision Replat No. 4 for the sole purpose of developing a senior housing facility by Kenai Peninsula Housing Initiatives, Inc.(KPHI); and WHEREAS, Resolution 2015-046 also states KPHI shall, at its own expense, complete all zoning requirements, replatting and rezoning necessary for the development of the facility and provide proof of financing sufficient for the project; and WHEREAS, KPHI has received funding for the senior housing development and has moved forward with the replatting of Lot 11-A creating a southern lot, approximately 1.5 acres, to be known as Lot 11A-2, Fort Raymond Subdivision, Replat No.4(finalization of plat pending); and WHEREAS, to meet City zoning code requirements for the planned development, KPHI has requested a Zoning and Land Use Plan amendment for Lot 11A-2, from Park (P) to Multi-Family (R- 3);and WHEREAS, a goal of the Seward Comprehensive Plan is to maintain Seward's Land Use Plan as the primary local tool to ensure quality community land use arrangements, growth, and development;and WHEREAS, the Multi-Family (R-3) Zoning District was established to provide areas for higher density residential housing units which are predominately multi-family and close to concentrations of public services, employment and/or recreation;and WHEREAS, the public notification process was complied with and the appropriate public hearing as required by Seward City Code § 15.01.040 was conducted by the Commission on April 5, 2016. Seward Planning and Zoning Resolution 2016-03 Page 2 of 2 I NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Seward Planning and Zoning Commission supports the proposed Zoning and Land Use Plan amendments and recommends the attached Ordinance 2016-_ be forwarded to City Council for approval. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 5th day of April 2016. THE CITY OF SEWARD,ALASKA /4 / /°IP -0 I -- Cindy und,Clair AYES: Swann,Coulter, Seese, Fleming,Anderson,Ecklund NOES: None ABSENT: None ABSTAIN: None VACANT: One ATTEST: Q .4- 6 , . 09.--44,•,, G_,____________, SSSSSSSSS Jo . . Kinney MC ..' r vC-Cif : ty Cler ,V (City Seal) '�� 0• y III• •• % ,••s/ ••• ..... \I I / // //// Cij NF �,. / T LO -,,,.. / / c , ,V ---- __ T Lot 12A, Fort Raymond / ii Lot 11A-1, Fort Raymond La �� /,: QU / 0 Proposed Rezone from Park (P) to Multi-Family, (R-3) J CO ./,--- 0 Z I / Legend Proposed lot 11A-2, 1.566 acres j j Rural Residential / / , Single Family Residential Two Family Residential Multi Family Residential Urban Residential Office Residential /� Harbor Commercial N AVE• Auto Commercial INWOOD AVE.) I j Central Business District r , , _.u -.. -_ - Industrial . _ Institutional j "iiiimiil Park /, Resource Management Parcels /— Current Zoning & Land Use Map �./ w9 Lot 11A-2, Fort Raymond Senior Housing Rezone '�; '47 _� N Council Ordinance April 25, 2016 Due to different data sources property lines and aerial Claw:,,',10 230 460 Feet imagery do not overlay correctly. Map is to be used for ac #orientation and reference purposes only. Mapping Assistance by Alaska Map Company, LLC -2-3 CITY OF SEWARD, ALASKA RESOLUTION 2015-046 Sponsored by: Hunt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE KENAI PENINSULA HOUSING INITIATIVE (KPHI), DONATING APPROXIMATELY 1.7 ACRES OF THE SOUTHERN PORTION OF LOT 11A, FORT RAYMOND SUBDIVISION REPLAT NUMBER 1, FOR THE SOLE PURPOSE OF DEVELOPING A NON-INCOME BASED INDEPENDENT SENIOR HOUSING FACILITY UPON CONDITION OF KPHI BEING AWARDED ALL OTHER NECESSARY FUNDING FOR THE PROJECT DEVELOPMENT AND COMPLETION WHEREAS, the lack of non-income based senior housing in Seward has been identified as a leading cause of seniors needing to leave the community in order to find adequate living facilities; and WHEREAS, relocating away from family, friends, and medical and social support systems is especially traumatic for our seniors; and WHEREAS, a dedicated group of local volunteers has for years explored options for developing an appropriate non-income based senior living facility in Seward, and has most recently partnered with the Kenai Peninsula Housing Initiative (KPHI) to formalize and further their effort on behalf of the community; and WHEREAS, KPHI is a private non-profit corporation who has successfully developed housing projects across the Peninsula serving seniors, special needs, and low income populations; and WHEREAS, KPHI's experience and history suggest that they are the most likely entity to successfully procure grant funding to develop a senior housing facility in Seward; and WHEREAS, key to a successful grant application is a commitment of site control for the location of the proposed facility; and WHEREAS, KPHI proposes to develop the facility in two phases; each to be a five or six-plex structure; and • WHEREAS, KPHI desires to accomplish the replatting necessary to delineate the southern portion of Lot 11A, Fort Raymond Subdivision, to acquire this property and to develop the senior housing facility, all subject to grant award(s) sufficient to fund the project; and WHEREAS, the City desires to support and facilitate where feasible senior housing in CITY OF SEWARD, ALASKA RESOLUTION 2015-046 the community; and WHEREAS, Lot 11A, Fort Raymond Subdivision is currently zoned Park (P), the newly created 1.7 acres parcel would require a rezone and Land Use Map amendment; and WHEREAS, the Municipal Lands Inventory and Management Plan (2014 update) supports disposal of Lot 11A Fort Raymond, with a sound development plan; and WHEREAS, the Planning and Zoning Commission held a public hearing on May 5, 2015 and approved P&Z Resolution 2015-11 with findings as attached hereto, recommending Council approve the donation of 1.7 acres of Lot 11A, Fort Raymond Subdivision, Replat 1, for Senior Housing with conditions; and WHEREAS, donating land constitutes a less than fair market value transaction, and requires the Council to find such a transaction to be in the public's interest as a condition of authorizing the transfer; and WHEREAS, prior to the transfer of title to the land, the City shall require KPHI, to complete to the satisfaction of the City, the replatting, rezoning, and proof of financing sufficient to complete the development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The Seward City Council hereby authorizes the City Manager pursuant SCC 7.05.120 and 7.05.150 to execute, upon completion of necessary replatting, rezoning, and proof of financing for the development, the transfer of title for the property referenced here as the southern portion of Lot 11A, Fort Raymond Subdivision, Replat No. 1; approximately 370 feet from the southern lot line to the north, compromising a total of approximately 1.7 acres, to the Kenai Peninsula Housing Initiative (KPHI) for less than fair market value and for the sole purpose of developing a non-income based senior housing facility. Section 2. The Seward City Council further finds the KPHI agrees to complete at its own expense all zoning, replatting and rezoning actions necessary for the development of the property; and to provide proof of financing sufficient for the project as prior conditions of the transfer of title; and to pay all closing costs and fees for said property as consideration to the City for the properties. Section 3. The Seward City Council further finds the disposal of the parcel, as described in Section 1 above, to be in the best interests of the citizens of the City of Seward and that the public interest shall be served by disposing of the property interest for less than the fair market value, in accordance with the recitals.above which are incorporated herein. No appraisal is 25 CITY OF SEWARD,ALASKA RESOLUTION 2015-046 necessary pursuant to SCC 7.05.150. Section 4. The Seward City Council further find that if the action items in Section 2 above are not completed by May 26, 2020 the authorization to transfer the land lapses unless further authorized by the City Council. Section 5. The Seward City Council further finds that pending the transfer of title, the lapsing or the re-authorization of this proposed transfer, the land remains available for use by the City. Section 6. This Resolution shall take effect thirty (30) days after passage and posting. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 26th day of May,2015. THE CITY OF SEWARD, ALASKA 9 ./ //, 'i J an Bardarson, Mayor AYES: Terry, Butts, Squires, Darling, Bardarson NOES: None ABSENT: Keil, Casagranda ABSTAIN: None ATTEST: . 6 iI , Johanna Ki - , " MC •ity Clerk .005 ed OF SERA°°o� (City Seal) .•°,cs° o°P °aeo ' '•. . o � • • i �� yT .e a' ° o SEAL o ® e S e c. i rt A r— / 4•. OF ,��9Y069Y9 9916" Sponsored by: Hunt CITY OF SEWARD,ALASKA RESOLUTION 2016-035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING FUNDING IN THE AMOUNT OF $50,000 TO SERVE AS MATCHING FOR A STATE OF ALASKA DEPARTMENT OF TRANSPORTATION RE-APPROPRIATION OF FUNDS TO THE SEWARD AREA PAVING IMPROVEMENTS PROJECT, AND APPROPRIATING FUNDS WHEREAS, the City of Seward has been coordinating a major road improvement project which is to be planned, executed and managed by the State of Alaska Department of Transportation ("ADOT"), to provide improvements to roads, sidewalks and drainage within the Seward city limits; and WHEREAS, the federal Omnibus Appropriation Act for Fiscal Year 2016 provided the State of Alaska with the authority to reprogram congressionally-directed funding for projects which have been closed out with remaining unobligated balances, so long as ADOT spends the funds within 50 miles of the original project site; and WHEREAS, one such project for which funding was appropriated but unspent, is related to ferry dock funding,with$531,443 unspent and eligible for reprogram; and WHEREAS, the City of Seward has signed a March 2015 Memorandum of Agreement with ADOT for the Seward Area Paving Improvements Project (Project), with the parties recognizing that there are insufficient funds to resurface the complete list of 26 road segments identified within the city limits which are in need of resurfacing; and WHEREAS, the shovel-ready road improvement project is currently included in the State Transportation Improvement Plan and the City of Seward requests that the state reprogram these funds for the purpose of expanding the number of resurfacing segments which will increase the amount of roads to be surfaced, without incurring additional mobilization or demobilization costs; and WHEREAS, to be eligible to compete for the reprogram of these monies, the city must appropriate matching funds in an amount not to exceed $50,000 as the city's share of the additional portion of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA that: 2q CITY OF SEWARD, ALASKA RESOLUTION 2016-035 Section 1. Funding in the amount of$50,000 is hereby appropriated from the General Fund unassigned net assets account no. 01000-0000-3710-80022 to the Street Improvements Project infrastructure account no. 80022-0000-8101, to serve as matching funds for a re- appropriation of orphan federal ferry dock funding. Section 2. This City Manager is hereby authorized to accept the re-appropriation of federal orphan earmark funds in the amount of$531,443 from account no. 80022-0000-4251 to account no. 80022-0000-8101 be used for the Seward Area Paving Improvements Project should grant funds be re-directed for this project. The City Manager is authorized to amend the Memorandum of Agreement with ADOT to expand the number of road segments to be upgraded, in coordination with ADOT. Section 3. This resolution shall take effect immediately. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 90 day of May 2016. THE CITY OF SEWARD,ALASKA Jean Bardarson, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal) 2� Council Agenda Statement { of sew_ Meeting Date: May 9,2016 4'' From: Jim Hunt, City Manager q P Agenda Item: Appropriate $50,000 matchi g funds to secure a possible FHWA grant in the amount of $531,443 to expand road, sidewalk and drainage improvements related to the Seward Area Paving Improvements Project BACKGROUND &JUSTIFICATION: The City has been working with the State of Alaska Department of Transportation ("ADOT") to facilitate improvements to local area roads, sidewalks, and drainage located within the Seward City Limits. The parties have entered into a Memorandum of Agreement dated March,2015,for the Seward Area Paving Improvements Project,in which 26 road segments were identified by the parties as needing to be resurfaced. Alaska DOT is charged with responsibility for planning,executing and managing the project,in concert with the City, and with making the final decision as to which segments are to be resurfaced, after consultation with the City. The Project is currently listed on the State Transportation Improvement Plan. The federal Omnibus Appropriation Act for Fiscal Year 2016 provided the State of Alaska with the authority to reprogram congressionally-directed funding for projects which have been closed out with remaining unobligated balances,with the requirement that funding must be spent within 50 miles of the original project site.One such unspent orphan earmark in the amount of$531,443 was funding for ferry dock improvements which was requested by the City a number of years ago. The City is working with the State to request that these funds be redirected to increase the quantity of paving segments that can be accomplished during the Seward Area Paving Improvements Project. These funds require a local match in the amount of$50,000 toward the project. Seward's road improvements project has been ten years in the making and is shovel-ready with a Memorandum of Agreement completed between the City of Seward and the State of Alaska DOT,and the project is well underway in terms of identifying and prioritizing needed improvements, securing necessary permits, and confirming rights-of-way and other project-related matters. INTENT: To authorize matching funds in the amount of$50,000 to seek re-appropriation of federal orphan earmarks in the amount of$531,443 to expand the number of road segments to be improved during the upcoming 2016/2017 road improvement project. CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan X 2. Strategic Plan(document source here): X 3. Other(list): X z9 FISCAL NOTE: This$50,000 grant match was not included in the General Fund budget for 2016/2017. However,there are significant costs and lead time associated with facilitating major road improvements, and Seward has not completed a major road improvement project in more than 15 years. Any funding made available for this project will likely lead to foregone future costs by avoiding further degradation of roads, as well as taking advantage of the timing to bid the project when oil prices are low(a primary cost-driver in asphalt projects) and when statewide funding for construction projects is declining, possibly resulting in lower project costs. Approved by Finance Department: jeuj2a.f.,f_zjii,,i) ATTORNEY REVIEW: Yes No X Q.cSOki- 1.0v, 2oIb — 035 RECOMMENDATION: Council appropriate$50,000 as matching funds to support a request to the State of Alaska to re-appropriate Federal Highway Administration funding in the amount of$531,443, toward the Seward Area Paving Improvements Project. Sponsored by: Hunt CITY OF SEWARD,ALASKA RESOLUTION 2016-036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING SOLE SOURCE SERVICE CONTRACTS FOR PROFESSIONAL SERVICES REQUIRED TO CONDUCT EROSION MITIGATION FOR THE SNOW RIVER TRANSMISSION LINE CROSSING, INCLUDING PERMITTING BY SOLSTICE ALASKA CONSULTING IN AN AMOUNT NOT TO EXCEED $19,803, ENGINEERING BY AWR ENGINEERING IN AN AMOUNT NOT TO EXCEED $58,758, SURVEYING BY SURVBASE SURVEYING AND MAPPING IN AN AMOUNT NOT TO EXCEED $35,709 AND GEOTECHNICAL STUDY BY SHANNON AND WILSON GEOTECHNICAL AND ENVIRONMENTAL CONSULTING IN AN AMOUNT NOT TO EXCEED $36,630, FOR A TOTAL AMOUNT NOT TO EXCEED $150,900, AND APPROPRIATING FUNDS WHEREAS,the transmission line to the Seward area is a radial feed line; and WHEREAS, the transmission line at approximately mile 17.5, crossing Snow River and constructed parallel to the Seward Highway is in jeopardy due to erosion caused by the naturally occurring reroute of Snow River; and WHEREAS,the electric department discovered the situation when the crew was in the area doing clearing, and has determined that immediate repairs are needed in order to protect critical infrastructure serving the electricity needs of the Seward service area; and WHEREAS,a near-term erosion mitigation plan must be implemented to save structure T- 197 and reestablish river bank for structures T-198 and T-199; and WHEREAS,the location will require obtaining several local, state and federal permits to obtain authorization to conduct necessary mitigation work,including a detailed engineering plan for submission to permitting agencies; and WHEREAS, the selected engineering firm has special knowledge working with erosion countermeasure mitigation and design and has been recommended to the City by the engineers most familiar with the City's infrastructure and the topography of the affected areas; and WHEREAS,the engineering will require specific separate geotechnical studies in order to complete the design documents; and WHEREAS, Seward City Code §6.10.120.8 allows for an exemption from competitive procurement requirements for specialized products and professional services: "To the purchase of 3 ( CITY OF SEWARD,ALASKA RESOLUTION 2016-036 professional services. Professional services are those that require special knowledge and judgment that includes analysis,evaluation,prediction,planning or recommendations and which result in the production of a report or the completion of a task."; and WHEREAS, Seward City Code § 6.10.120.2 further allows for an exemption from competitive bidding in emergency situations; and WHEREAS, if structure T-197 fails due to river erosion, the cost to run the backup generation facility for the estimated time of outage is projected to be greater than the utility could reasonably sustain. 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 sole source agreement with Solstice Alaska Consulting Inc.in an amount not to exceed$19,803,including a 5%contingency of $943 from the Electric Major Repair and Replacement(MRRF)Fund. Section 2. The City Manager is hereby authorized to enter into a sole source agreement with AWR Engineering in an amount not to exceed$58,758,including a 20%contingency of$9,793 from MRRF. Section 3. The City Manager is hereby authorized to enter into a sole source agreement with SurvBase Surveying and Mapping in an amount not to exceed$35,709,including a 10%contingency of$3,246 from MRRF. Section 4. The City Manager is hereby authorized to enter into a sole source agreement with Shannon and Wilson Geotechnical and Environmental Consulting in an amount not to exceed $36,630, including a 10%contingency of$3,330 from MRRF. Section 5. The Seward City Council hereby authorizes the above agreements and waives competitive procurement requirements in accordance with SCC §6.10.120.8 and SCC 6.10.120.2 based on the recitals above which are incorporated herein. Section 6. Total funding in an amount not to exceed$150,900 is hereby appropriated from the Electric Major Repair and Replacement Fund undesignated net assets account no. 15001-0000- 3400 to the infrastructure account no. 15001-0000-8101. Section 7. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the City Council of the City of Seward,Alaska,this 9th day of May. 32- Agenda Statement .�of SFS Meeting Date: May 9,2016 6 ' ie..., 0 X11, ����� To: Seward City Council 0 4CA5'P Through: Jim Hunt, City Manager, From: John Foutz, Electric Utility Manager, Agenda Item: Snow River Transmission Line Crossing Near-Term Mitigation BACKGROUND & JUSTIFICATION: In February of 2016 the electric crew worked on clearing in the general area of Snow River around mile seventeen of the Seward Highway. They discovered that Snow River had shifted course and was now eroding the bank parallel to transmission line structures T-198 and T-199 and flowing directly toward the major transmission line structure T-197. The electric department contacted borough and state flood and hydrology officials to confirm that it is a critical situation to the transmission line. The borough officials recommended working with a specific engineering firm, AWR, which has a background dealing with these types of situations. Kenai Peninsula Borough officials also believed the permitting requirements, due to the location, may be extensive. On Thursday,April 21st,the electric department met onsite with engineers,permitting officials and DOT representatives. An outcome of the meeting was a consensus that a near-term erosion protection plan must be implemented to save structure T-197, while a longer-term plan must be implemented to ensure the survival of structures T-197 through T-199. Seward is a radial feed and has only one means of receiving power from the wholesale power provider. If the structure fails,the City will be forced to utilize the backup generation facility until the transmission line is restored,which would be cost prohibitive. INTENT: The intent of this project is to mitigate the erosion damage in the near-term to avoid failure of transmission line structure T-197. Also, in the longer-term, to explore funding options and/or governmental partnerships to prevent further erosion damage. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (1.3, 3.7.3.1, 3.7.3.2): Continue to upgrade and 1. expand utilities to meet existing needs and encourage future X development. 2 Strategic Plan : The mission of the City of Seward government is to X provide quality leadership and economic wellbeing of its citizens 3. Other(list): X FISCAL NOTE: This project will be funded with Electric Major Repair and Replacement Funds which have been set aside for the purpose of funding major repairs of electrical infrastructure and equipment. There is currently$1.75 Million available for major electrical infrastructure needs. 33 Approved by Finance Department: j? A,,b 44.LI ATTORNEY REVIEW: Yes No \i( Not Applicable RECOMMENDATION: ges o a 0 I (o — 03 ( To authorize sole source contracts for the permitting, design and engineering of the Snow River transmission line crossing erosion mitigation, and appropriate funds. 51-1 Google Maps Page 1 of 1 Go gle Maps .4 ,. ..- . . .....p.___a_ ...: . :„.., .. :.__ ____,„4454„ . . , I t, .,? . , \ k '' '1;,-, \ID ,w •.• \ ,:- 'tit. . , 1-: % .. . - - IP 4, >♦ „'w Nigkis �' r,.. A alai• sm. - •►- t o. 111111 \ ., j ,, -k v J `' *�'. I t ,.....\ • .; _ • „: . ‘ 04tr -1 CS .., \ :re.f\'‘ M' 1; I 1 , 71 r ' '' « ` Google V t �\ ' � jt + a to t • + rid' Imagery©2016 DigitalGlobe,Google,Map data©2016 Google 1000 ft Google Maps https://www.google.com/maps/@60.3355399;149.3488952,1877m/data=-!3m i!1 e3'?h1=-en 4/26/2016 7114111 GI AWR Engineering, LLC ENGI Water Resources April 22, 2016 Mr.John Foutz City of Seward, Electric Department 238 Fifth Avenue Seward,AK 99664 Subject: Fee Proposal for Snow River Erosion Protection Dear Mr. Foutz: As requested, AWR Engineering, LLC (AWR) is pleased to present this fee proposal to the City of Seward (COS) Electric Utility to design erosion protection countermeasures for a power transmission main. We understand that this transmission main provides power to the City of Seward and has been recently impacted by the Snow River. The remaining sections of this letter detail the project background, scope of services,schedule,and fee estimate. Background and Project Information We understand that the primary power transmission line for Seward parallels the Seward Highway where it crosses the Snow River,just south of Kenai Lake.The Snow River is a braided river system that has multiple flow channels. Recently, one of the river channels has shifted to the north and is posing an immediate threat to the stability of a large transmission line pole(pole number 197)and a notable threat to a smaller pole upstream(pole number 199). Pole 197 has three main support poles and is anchored by multiple support cables (guy wires)that are connected to piling.The river has recently inundated two of the piles,depositing debris on the support cables and eroding the ground at the pile bases.The river is also flowing close to the main support poles of this structure. Pole 199 has a guy wire that extends to the south,toward the river. In this location,the river is estimated to have eroded to within approximately six to seven feet of the guy wire anchors. The City of Seward Electric Utility requested that AWR provide engineering services for erosion countermeasures to protect transmission line structures. Hydraulic analysis of the Snow River is needed to support erosion countermeasure design.The Snow River's braided configuration makes hydraulic analysis complex.Water depth,velocities,and general flow patterns tend to change from low flow to high flow,and accurately evaluating the hydraulics of multiple channels requires analyzing flow in more than one direction at the same time, or two-dimensional flow. Due to the emergency response nature of this request, AWR is proposing separating the work into two projects. The first project will collect necessary data and provide a rapid response,near-term solution to reestablish the river bank and stop erosion at Poles 199 and 197, with a primary focus on Pole 197 which is more critical at this time. This project will include design of riprap revetment along the eroding shoreline in the vicinity of the compromised power pole. The second project will develop a long-term solution, intended to prevent debris from collecting on the guy wires and prevent future erosion damage near other support structures. We anticipate that this may include design of spur dikes to keep the main river flow away from the transmission main alignment. PO Box 190684 Anchorage, AK 99519 (907) 441-2973 www.awr-eng.com 3(0 April22, 2016 RE:Fee Proposal for Snow River Erosion Protection Page 2 of 5 This proposal only includes design of the short-term solution. However, survey and geotechnical information collected for this project will likely be beneficial for the long term solution as well,depending on the site conditions at the time of the long-term design. Scope of Work for Data Collection and Near-term Solution A. Survey Coordination.AWR will coordinate with a registered land surveyor to determine the extent and location of surveyed river cross sections.Some of this work has already been completed for preparation of this proposal, but we will fine-tune the results and complete the necessary detailed coordination. AWR will provide general mapping of the requested cross-sectional areas, and will provide on-site direction for at least one day of field survey data collection. We will review the provided survey deliverable for accuracy and coordinate with the surveyor for any necessary changes. AWR has completed initial project coordination and planning with SurvBase, LLC,and their fee proposal is attached to this document. B. Geotechnical Coordination. AWR will coordinate with a geotechnical engineer to develop and implement a geotechnical testing plan.The geotechnical data and associated testing results will be used to support design of riprap revetment, spur dikes, or other erosion countermeasures. We will ensure that proposed test hole locations and laboratory test meets the hydraulic design requirements.We will review the geotechnical deliverables and design recommendations and coordinate for any necessary modifications. AWR has completed initial project coordination and planning with Shannon and Wilson, Inc., and their fee proposal is attached to this document. Because the final geotechnical deliverables may not be available for several weeks after field work is completed, AWR and Shannon and Wilson will work together to ensure that critical parameters are provided so that the design can keep moving forward. C. Data Collection. AWR will compile and review available and relevant historic records for the site.This is expected to include existing record drawings, engineering and environmental studies, historic imagery for the project area,wetland mapping,and fish habitat data. D. Hydrology.AWR will complete a hydrologic analysis for Snow River to estimate the river's flood flows. This is expected include delineating the river's drainage basin,reviewing the area hydrology and historic peak flows,completing a flood frequency analysis,and completing a USGS regression equation analysis. The United State Geologic Survey(USGS) maintains a flow gauge on the Snow River approximately 3.6 river miles upstream of the project area (gauge number 15243900). The flood frequency analysis will be based on this gauge and will provide estimates of the 2-year, 10-year, 25-year, 50-year, 100-year, and 500-year events. Because the only available gauge is not in the immediate vicinity of the project area,we will also estimate the peak flows using USGS regression equations,which are typically applied to non-gauged sites. This will provide a good comparison and help select flows that are most appropriate for the site. E. Hydraulic Design. Using the estimated design flows, AWR will complete a hydraulic design of riprap revetment to address the immediate bank erosion. The riprap design requires estimates of hydraulic parameters such as flow depth and velocity. Because this river is highly braided,the flow hydraulics are AWR Engineering, LLC ENGI April 22,2016 RE:Fee Proposal for Snow River Erosion Protection Page 3 of 5 complex. There are several primary flow channels, and the flow channels and flow directions are expected to change from low flow to high flow events.To address these complexities,AWR will develop a hydraulic model using the Corps of Engineer's HEC-RAS version 5.0, which allows two dimensional (2D) hydraulics (flows in more than one primary direction). The results of the hydraulic model will be used to estimate scour depth and determine the riprap revetment length, depth, and overall shape. Riprap Revetment will be completed in accordance with include the Alaska Highway Preconstruction Manual,the Alaska Highway Drainage Manual, and relevant Federal Highway Administration Hydraulic Engineering Circulars. F. Design Summary Technical Memorandum. AWR will summarize the hydrologic analysis and hydraulic design in a technical memorandum.This document will be used to support permit efforts and as general project records. G. Design Documents. AWR will develop design documents detailing the riprap revetment plan, profile, sections, and details.This proposal assumes that the proposed improvements will be constructed by a contractor that is directly selected and will work with AWR throughout the construction. The design documents will not be prepared to support a bid process.The design documents are expected to include drawings with sheet specifications, and a general construction cost estimate. It is anticipated that the drawings will include a title sheet, general legend/key sheet, survey control sheet, and two to three design sheets. The cost estimate will be based on best available cost data for the region. The draft design documents will be provided to the COS Electric Utility and other stakeholders for review and comment, as needed.Comments will be incorporated into final documents. H. Permitting Assistance. AWR will coordinate with an environmental permitting consultant for the preparation of environmental permits for the proposed design. The extent of required permitting assistance is not known, but we anticipated that this will include US Army Corps of Engineers section 404 Figure development, material cut/fill quantities, river flow impacts, and other engineering calculations or data. If the required assistance exceeds the estimate in the attached fee breakdown,we will provide additional services at our standard billing rates. I. Construction Assistance. The AWR supported construction effort will depend on the selected contractor and the general project contractual and communication set up.This fee proposal assumes a modest construction assistance effort, which does not include full time construction inspection. If full time inspection or other additional involvement is requested,AWR is happy to provide that service and will negotiate a price based on the required involvement. We anticipate that additional requested services could be addressed as-needed during construction. For this fee proposal, we have assumed 46 hours of construction assistance that may include periodic on-site inspections, answering contractor questions, reviewing contractor material submittals, and providing other support to the COS Electric Utility, as-needed. AWR Engineering, LLC 3S ENGI April 22, 2016 RE:Fee Proposal for Snow River Erosion Protection Page 4 of 5 Assumptions This fee proposal is based on the follow assumptions and understandings. 1) This fee proposal only includes design of an immediate, short-term solution.A long term solution is expected to also be needed. 2) Bank revetment design is not intended to be a long-term erosion protection structure. 3) The AWR short-term solution design will not stop flooding of the power transmission main foundations or prevent debris from being transported on top of guy wires and foundation. It is solely an erosion protection measure. 4) Hydraulic models developed for this project are not intended to determine inundation water surface elevations or to be used for flood insurance or floodplain delineation purposes. 5) Based on review of FEMA mapping,this proposal assumes that no FEMA permits or map revision will be required. 6) The proposed design documents will not be prepared for a public bid process.This fee proposal assumes that a contractor will be selected directly by the COS and that AWR will be coordinating with that contractor. 7) The proposed design documents will only go through one review by stakeholders and Seward Electric Department. 8) This fee proposal assumes survey and geotechnical investigations will be completed as described in the attached proposals from SurvBase, LLC and Shannon and Wilson, Inc. 9) This fee proposal assumes the COS will directly contract SurvBase and Shannon and Wilson. Please let us know if this is not the case. 10) For this fee proposal,construction assistance is limited to 46 hours.Additional assistance can be provide at our standard billing rates. 11) Overnight trips to Seward are not anticipated and lodging and per diem are not included in the proposal. Schedule AWR is available to begin this work immediately upon execution of a contract and receipt of a notice-to-proceed. For your reference, a general estimated schedule (that includes survey and geotech) along with relevant notes is provided below. AWR Engineering, LLC ENGI 3i April 22,2016 RE:Fee Proposal for Snow River Erosion Protection Page 5 of 5 Item Target Start Date Target Completion Estimated Date Duration Contracts issued by COS April 29 May 10,2016 N/A Field Survey May 16, 2016 May 19,2016 Four days Geotechnical Field May 5,2016 May 19,2016 Two Weeks Investigation Survey deliverable complete May 19, 2016 June 2,2016 Geotechnical Report May 20, 2016 July 1, 2016 Six Weeks Hydraulic Design June 3,2016 June 27,2016 Three weeks Technical Memorandum June 27, 2016 July 11, 2016 Two weeks Design Documents June 27, 2016 August 1,2016 Five weeks Construction August 2,2016 ASAP TBD Schedule Notes: 1. Schedule is intended to be approximate for general planning purposes. 2. This schedule does not include permitting. 3. Schedule assumes that stakeholder review of design documents will be limited to one week maximum. 4. Geotechnical field work requires weight restrictions are at least 75%. S. Hydraulic design cannot commence until completion of the survey deliverable. 6. AWR understands that Shannon and Wilson will provide necessary design parameters for the short term solution in advance of a final geotechnical report. Fee Estimate We propose to complete this work on a time and materials basis not to exceed$48,965. A breakdown of this fee is attached. If you have any questions or need any additional information,please do not hesitate to contact me.We look forward to working with you. Sincerely, 1ILc4 Janie G. Dusel, PE, President AWR Engineering, LLC Attachments: AWR Fee breakdown(1 pages) AWR Rate Schedule (1 page) SurvBase fee proposal (6 pages) Shannon and Wilson fee proposal(13 pages) AWR Engineering, LLC ENGI ��0 City of Seward Electric Utility Snow River Erosion Control AWR Engineering,LLC Fee Proposal Water Resource Principal Data Collection and Near-term Solution Engineer Engineer Expenses (Dusel) (Annandale and (Fee) Havel) Survey Coordination Coordination for field survey 6 10 Review survey data 2 6 Geotechnical Coordination Review Geotechnical Data 2 4 Geotechnical Design Coordination 2 8 Data Collection Review Record drawings,Studies,Historical 2 12 Imagery/LiDAR Hydrology Analysis Review area hydrology and historic high flows 2 4 Snow River Flood Frequencey Analysis 2 6 Snow River Regression Analysis 1 4 Hydraulic Design Hydraulic Field Data Collection 12 12 Existing Conditions Model-Area of Interest 4 36 HEC-18 Scour Calculations 8 24 HEC-23 Riprap Revetment Calculations and Design 6 16 Design Summay Technical Memorandum 32 8 Design Documents Draft Design Documents 8 70 Final Design Documents 4 24 Permitting Assistance 2 32 Construction Assistance 6 40 Subtotal 101 316 $0 BILLING RATE $125.00 $115.00 1.05 Subtotal $12,625 $36,340 $0 LABOR $48,965 EXPENSES $0 TOTAL COST $48,965 4/22/2016 I AWR Engineering,LLC A\ - --7\. F AWR Engineering, LLC 1 Alaska Water Resources ENGINEERI AWR 2016 Fee Schedule Name/Title Hourly Rate Janie Dusel, PE $125 Principal Water Resource Engineer Jacques Annandale, PE $115 Water Resource Engineer Aaron Havel, EIT $110 Water Resource Staff Engineer Jason Dusel $80 Hydrologic Technician Expense Mark Up: 10% PO Box 190684 Anchorage, AK 99519 (907) 441-2973 www.awr-eng.com Li 2_ A . April 20,2016 Sun/Base Surveying and Mapping AWR Engineering, LLC Snow River-Seward Hwy MP 18 Attn:Janie Dusel, PE Erosion Protection PO Box 190684 Hydrographic Survey Proposal Anchorage, AK 99519 Ms. Dusel: SurvBase appreciates the opportunity to provide a proposal for hydrographic survey services on the Snow River.This proposal is being prepared at your request for the purpose of providing river cross- sections, riverbed surface modeling,overhead utility pole locations,and Right-of-Way(ROW) basemapping in the project area. Scope: SurvBase will survey the cross-sections of the river bottom of the Snow River at the locations described in the April 15 geodatabase received from Jacques Annandale,AWR and as shown below in Figure 1. ' , � .r fib- • - ` `� fes' * '1 • , "�'41q ' -�` �'.; . Z 4 -4-Sef,•y� `y��'-,�2 • tri ._ •-k.it,< tiyw.y„- 1 -..4-''''6.-1.4,1;11• t" f - '- IIIIfr* Ai- lir — ..A'.' ili i*, - •-. ifope--- :, - ...a.:-.7. -•:- • • ..1 .' *he: ,a 2�: .. ~fes .,.4; • _ AI a y Ni Fie n Figure 1:AWR proposed Snow River cross-sections www.SurvBase.com 907.338.7878 Janie Dusel,PE Snow River-Seward Hwy MP 18 April 20,2016 Hydrographic Survey Proposal Page 2 of 4 This survey is for in-water surveying and uplands cross-section data primarily below Ordinary High Water(OHW)or within the existing Seward Hwy ROW.SurvBase will tie into existing or set sufficient survey control for project needs. SurvBase will use uplands topo and centerline points for LiDAR quality control and adjustment of existing 2012 Kenai Peninsula Borough LiDAR data to match the project vertical datum if necessary. Cost efficiency and safety are primary considerations.SurvBase's work plan is to utilize survey methodology most appropriate for each cross section. Variations in channel depth, tree cover (sky view), braided sections, and other factors favor an adaptable approach. SurvBase will gather cross-section point data in the Snow River using our unmanned hydrographic survey vessel,the Z-Boat(capable of operating in fast water as shallow as 2'),or tethered cataraft equipped with a SonarMite echo sounder as appropriate.Shallower sections will be waded and measured directly with either RTK GPS or total station shots.The hydrographic survey data will be incorporated into the uplands surface to provide a seamless design surface for the surveyed project area. Preliminary aggregate topographic mapping(based on ground surveys and hydrographic surveys) will be compiled while the crew is on-site.The field crew will review this mapping prior to leaving the project site. SurvBase will contact Alaska Digline for utility locates, coordinate with responding utilities for field markings(paint),and survey any marks provided that locate underground utilities.We will also survey the overhead electric poles&low wires of project interest(see Figure 2 below)and all other above ground utility structures in the project area.SurvBase will not research or acquire utility as-builts unless the client requests this service, in which case we will provide these services at our standard billing rates. If geotech support is required,we will stake up to ten geotech locations or tie up to 10 boreholes/marks. ... . , .. , I , % . 1' 111K. -- 9 f Figure 2:Project area along Seward Hwy;up to 500'SW of W.end of bridge and up to 700'NE of E.end of bridge www.SurvBase.com 907.338.7878 Janie Dusel,PE Snow River-Seward Hwy MP 18 April 20,2016 Hydrographic Survey Proposal Page 3 of 4 The KPB GIS web application and ADOT&PF Record of Survey 2013-2 indicate that the project area is within the Chugach National Forest and within or adjoining the Seward Hwy ROW and as such SurvBase does not anticipate any land title research component. SurvBase will recover highway centerline monumentation suitable to define the ROW at the project location. Plats, ROW mapping, and survey monumentation sufficient to define the Seward Highway ROW at MP 18. Boundaries will be determined by reconciling field data with record data. SurvBase anticipates that the survey work will occur primarily below OHW of the Snow River navigable river bed and any travel over uplands in Chugach National Forest will be for incidental access to other river cross-sections for this survey. Point of Contact: SurvBase will communicate directly with AWR's Janie Dusel (or your designee).SurvBase's Point of Contact is John Kerr. Deliverables: 1) Cross-section points as ASCII point data in U.S. Feet units, NAD83 Alaska State Plane Zone 4 coordinates, NAVD88 orthometric elevations (ADOT&PF vertical datum); i. Cross-section points. ii. Snow River Bridge points. 2) Field note copies; 3) Indexed project photos; i. Photos will document the project and cross-sections. 4) Topographic and planimetric mapping, including locations of above ground utilities, below ground utilities as marked by Alaska Digline, up to 10 geotech locations,Seward Hwy centerline,Snow River bridge outline/extents,and a full channel surface model created from the cross-section data (no intermediate points between cross-sections). 5) Right-of-Way basemapping to show existing Seward Hwy ROW at the project location. 6) LiDAR QC report for KPB LiDAR data within the project area. 7) Survey Control Sheet, stamped and signed by an Alaska LS,after receiving design limits. Schedule: Work to commence prior to June 15, 2016. If work is to commence later than June 15,the project approach may need to be modified to meet site conditions. Field work is anticipated to take 4 days. Cost: SurvBase's time&materials cost estimate for this effort is$32,463.See the attached Exhibit A for details and the attached SurvBase 2016 Standard Rates. Assumptions: A. NTP to be issued 10 work days before commencement of survey services; B. Hydrographic cross-sections may be adjusted to avoid trees/other obstructions in the river preventing suitable data collection; www.SurvBase.com 907.338.7878 Janie Dusel,PE Snow River-Seward Hwy MP 18 April 20, 2016 Hydrographic Survey Proposal Page 4 of 4 C. ROW centerline monuments will be redundantly tied with Real-Time Kinematic (RTK)GPS; D. Work is to occur in full day segments. Extreme high water or weather events that result in abandoning a full day segment(due to safety concerns or inability to execute the work plan)will result in costs beyond the original time& materials cost estimate.This cost will be determined by the actual time spent(travel, set-up,etc.)at our standard billing rates. Please feel free to call with any questions. Best regards, John Kerr, P , CFedS SurvBase, LLC Office:907-338-7878 Cell:907-529-5959 John.Kerr@SurvBase.com Attachments: Cost Estimate 2016 Standard Rates www.SurvBase.com 907.338.7878 Client AWR Snow River Hydro Survey Prepared: 4/202016 BY J.Kerr&S.Buchanan Deliverables:XSect Data,TIN surface,Planimetric mapping(OH Elec);ROW Basemapping;SCS Assumptions: Spring/Early Summer 2016 Survey;No Weather Days;No High Water Events;No underground utility locates;No permitting required by SurvBase Task/Data Rats Quantity Control Topo Project Total Cost Coordination Research Land Surveyor 1.0 Hours 1.0 Hours Pre-Field Prep 1 Hours 1.0 Hours $ 260.00 Research Survey Technician 0.0 Hours 0.0 Hours Pre-Field Prep 4 Hours 4.0 Hours $ 400.00 Supervision/Coordination Project Manager 4.0 Hours 4.0 Hours Pre-Field Coordination 2.0 Hours 2.0 Hours $ 1,020.00 Mob&Demob Proj Mobilization 2 Person Crew 4 Harts Number of Trips 1 Trlp(s) $ 900.00 Field Survey 2 Person Crew i 225.00 per hour Recover&Tie Control(Static GPS base-OPUS) 2.0 Hours per 1 Site(s) 2.0 Hours ROW-Centerline Cor.Search/Ties/2nd Oax(RTK) 0.50 Hours per 4 Corners 2.0 Hours OH Wires/Poles 2.0 Hours per 1 Sites 2.0 Hours Topo/Planimetric in ROW limits(indudes LiDAR QC pts.) 2.0 Hours per 1 Sites 2.0 Hours Utility Locates&coordination 2.0 Hours per 1 Sites 2.0 Hours Snow River cross-sections 1.0 Hours per 27 X-Sections 27.0 Hours Bridge survey 4.0 Hours per 1 Sites 4.0 Hours Geotech stake or locate(10 locations) 0.2 Hours per 10 Points 2.0 Hours Total Crew Field Hours 4.0 Hours 38.0 Hours Daily Travel Time 1.0 Hours per Roundtrip Logistics-Safety .5 Han/Day Hours per Day 12.0 Work Hours Per Day 10.5 Crew Days 0.4 Days 3.7 Days 4.1 Days Lodging(Seward) $ 125.00/Person Day 8 Person Day(s) $ 1,000.00 Per Diem S 67.00 10 Person Day(s) $ 670.00 Z-Boat $ 1,500.00/Day 2 Days $ 3,000.00 Supplies $ 50.00 1 $ 50.00 Local Transportation(cataraft) $ 100.00 4 Days $ 400.00 Title Reports $ 400.00 0 Parcels $ Mileage $ 0.90 400 Miles $ 360.00 GPS Equipment $ 360.00/Day 4 Days $ 1,440.00 TPS Equipment $ 120.00/Day 2 Days $ 240.00 Local Hire $ - /Day 4 Days $ Crew Rate-Straight Time $ 225.00 33 Hours $ 7,457.14 Crew Rate-Overtime $ 263.50 16 Hours $ 4,216.00 Field Cost a Expenses 8 18,833.14 No.of Trips Required 1 Trip(s) Allure S - 2 Travelers) S - Freight S - 3 - Travel Time 6 Hours per Roundtrip 8 Horn $ 1,350.00 Charter $0 Per 0 Trips) $ - Freight Charter $0 Per Roundtrip 0 $ - TGI Hazardous Freight Handling $300 Per Roundtrip 0 S - Travel Cost S 1,350.00 Data Reduction Data Download.Process&Adjustment,Daily Checks Party Chief 7.5 Hours S 1,050.00 Topo data reduction&photo index Survey Technician 10.0 Hours $ 1,000.00 Hydro X-Section reduction&checks Survey Technician 12.0 Hours $ 1,200.00 LIDAR Data QC&Conversion if necessary Land Surveyor 4.0 Hours $ 520.00 S 3,770.00 Mapping Topo/Planimetric Mapping Land Surveyor 1.0 Han $ 130.00 (Electronic-No Paper) Survey Technician 6.0 Hours $ 600.00 $ 730.00 Create Engineering Design Surfaces Land Surveyor 2.0 Hours $ 260.00 from Hydro X-Section&uplands topo(full channel model) Survey Technician 4.0 Hours $ 400.00 $ 660.00 ROW Basemapping Land Surveyor 2.0 Hours $ 260.00 (Electronic-No Paper) Survey Technician 6.0 Hours $ 600.00 $ 860.00 Survey Control Sheet Land Surveyor 18.0 Hours $ 2,080.00 Survey Technician 16.0 Han $ 1,600.00 $ 3,680.00 T&M Total Task Cost $ 32,463 SurvBase,LLC I-1 9 '-_- ° 907.338.7878 Snow River Hydro Exhibit A Page 1 of 1 SurvBase, LLC 620 E. Whitney Rd., Suite A .ildb. Anchorage, AK 99501 SurvBase Tel 907-338-7878 Simply Done Right Fax 907-338-9090 2016 SCHEDULE OF CHARGES Payment to SurvBase, LLC for our professional services is based upon the conditions set forth below: SCHEDULE OF CHARGES Charges for employees are determined by the hourly rate caps listed below. A new schedule is issued at the beginning of each year. Unless other arrangements have been made, charges for all work will be based on the latest Schedule of Charges and General Conditions. EMPLOYEE CATEGORY * Project Manager/Principal $170.00 Project Lead/ Senior Land Surveyor $150.00 Staff Land Surveyor (Registered) $130.00 Surveying Technician V $120.00 Surveying Technician IV $110.00 Surveying Technician III $100.00 Surveying Technician II $ 90.00 Surveying Technician I $ 80.00 Secretary/Typist $ 80.00 One Person Survey Crew (Basic) $160.00 Two Person Survey Crew (Basic) $225.00 Three Person Survey Crew (Basic) $285.00 * Rates shown are the maximum for the category exclusive of overtime. Actual rates vary. SUPPLIES AND SERVICES Direct Expenses and Supplies Invoice + 10% Subconsultants Invoice + 10% Meals (Per Diem) $DOD daily rates Expenses Copies (8-1/2 x 11) $0.15/copy Copies (11 x 17) $0.30/copy Large Format Plotting (B£tW/Color) $ 1.00/5.00 sq. ft. Survey Vehicle Mileage $0.90/mile Robotic Total Station Survey Kit $120.00/day Scanning Robotic Total Station Survey Kit $330.00/day GPS Survey Kit (antenna £t controller) $120.00/day Digital Level Kit $120.00/day Atlas Copco Cobra Drill/Driver $120.00/day Ground Hog Earth Auger $80.00/day Z-Boat Hydrographic Survey Boat Kit $1,500.00/day Leica C-10 Scanner $800/day I $3,000/ week SurvBase, LLC Page 1 of 1 Li. g Standard Rates 2016 1n SHANNON &WILSON, INC. CALIALASKA FORNIA COLORADO FLORIDA MISSOURI OREGON WASHINGTON WISCONSIN April 15, 2016 AWR Engineering, LLC PO Box 190684 Anchorage, Alaska 99519 Attn: Ms. Janie Dusel, P.E. RE: COST PROPOSAL FOR GEOTECHNICAL STUDY FOR SNOW RIVER EROSION PROJECT, SEWARD,ALASKA We are pleased to submit herein our proposed scope and fee for performing geotechnical studies for the above referenced project. We understand that recent erosion has been observed near the anchors for the large transmission line that connects Seward to the southcentral Alaska electrical grid. The purpose of this project is to collect subsurface information to assist you in the design of erosion control features. We understand that an initial effort will be focused on an immediate (emergency) armoring of the river bank near the observed erosion. Follow-on design work will be aimed at developing more permanent erosion control to prevent this from occurring into the future. PROPOSED APPROACH The following describes our proposed scope of services. Our approach is based on information provided by you on April 12, 2016 and our April 14, 2016 site visit. We believe it is consistent with local standards of practice for this type of project. Subsurface Explorations Based on limited access to the actual anchor location we are planning on advancing four borings through the northbound lane of the Seward Highway. The borings will be advanced through the embankment until native soil is encountered. The planned depth of the boring is 15 feet below the current bank level at the anchor which will result in borings approximately 40 feet deep. We will also collect grab samples of the surface soil near the exposed anchors at four locations. Prior to mobilizing we will contract with Northern Dame Construction to prepare a traffic control plan and assist with our coordination of a lane closure permit. The borings will be spaced at approximately 100-foot centers along the affected area and upstream of the erosion. The actual field locations of the borings may be adjusted based on the 5430 Fairbanks Street,Suite 3 32-2-04895 Anchorage,Alaska 99518 907-561-2120 AWR Engineering SHANNON & WILSON, INC. Janie Dusel,P.E. April 15, 2016 Page 2 of 4 location of buried and overhead utilities. Our borings will enable us to evaluate the subsurface conditions along the alignment and to collect soil samples for subsequent laboratory testing. The borings will generally be advanced to 40 feet below the ground surface (bgs)through the paved driving lane of the road. If there is sufficient room the boring will be advanced through the shoulder of the road. Prior to conducting the subsurface explorations, Shannon& Wilson will coordinate utility locates through the Call Locate Center. Shannon& Wilson will subcontract with a local drilling contractor for a drill rig and crew to conduct the field explorations. Northern Dame will provide signage and traffic control protection for crews, equipment, and the traveling public during our explorations. In the boring, Modified Penetration Test(MPT)drive samples will be taken at 2.5 foot intervals for the first 10 feet and at five foot intervals thereafter. We will also attempt MPT drive samples at 2.5-foot intervals in the top 5 to 10 feet of the native soils beneath the embankment. The Unified Soil Classification System(USCS)will be used to describe the samples recovered from the borings. Soil samples will be sealed in air tight containers and transported to our Anchorage laboratory for testing, as necessary. The boreholes will then be backfilled with cuttings removed during drilling and the pavement will be repaired with asphalt cold patch. An experienced representative from Shannon&Wilson will be present during the field work to locate the boring,observe the drilling,collect samples, and prepare a descriptive log for each hole. Laboratory Testing Laboratory tests will be performed on select soil samples from the borings and on the grab samples of surface material to evaluate the index properties of the soil encountered. We anticipate that samples will be tested for natural water content, grain-size gradation, and Atterberg Limits. The number and type of tests planned are shown on our summary cost estimate. We will, however,plan to adjust the types of tests and the testing program based on the actual conditions encountered. ASTM International standard procedures will be followed for all soils testing as appropriate. 32-2-04895 0 AWR Engineering SHANNON & WILSON, INC. Janie Dusel, P.E. April 15, 2016 Page 3 of 4 Geotechnical Report Based on the results the field exploration and laboratory testing,we will conduct geotechnical engineering analyses to provide recommendations for the emergency stabilization of the river bank and long term erosion control. These recommendations will include slope stability evaluations of the existing embankments and new diversion structures, armoring options, construction,placement, foundation and an estimate of the hydraulic conductivity of the native soil. Our report will also present a narrative description of the subsurface conditions encountered including a site description,a summary of field explorations, and laboratory test procedures and results. Logs of the borings will support this description. Discussions of groundwater conditions will also be included. Our report will be performed under and sealed by a registered civil engineer experienced in geotechnical engineering. We will submit one electronic copy of our final report. SCHEDULE We understand that the need to repair the existing damage and protect the power lines is urgent and we will take measures to ensure rapid execution of this work. We are prepared to begin work on this project as soon as we receive written authorization to proceed with the above described scope of work. Utility locates can typically be completed within several days and lane closer permits can typically be obtained within approximately one week. When utility locates are complete, a drill rig can then be mobilized. Based on the size of the drilling equipment we may not be able to mobilize until the weight restrictions have been raised to at least 75-percent. We estimate that the field work will be completed in two days. If more time is required than indicated,we will keep you advised. We will also notify you early in the work if unusual subsurface conditions are encountered that may affect the design. The field work will be followed by laboratory testing and then engineering studies and the preparation of our report. Based on our current work load, our final report could be submitted to you within six weeks following completion of the field work. If difficulties are encountered that would affect this schedule,we will notify you and work with you to adjust the work plan as necessary. We understand that the project is relatively urgent and that plans will need to be 32-2-04895 5 AWR Engineering SHANNON & WILSON, INC. Janie Dusel,P.E. April 15, 2016 Page 4 of 4 developed relatively quickly. To facilitate this,we will work closely with you to provide preliminary information on a continuing basis as it is developed by our studies (i.e.:this should keep the design moving in a timely manner). ESTIMATED COST AND FEE BASIS We are prepared to undertake the work on a fixed price basis as shown on the attached summary cost estimate. We will not exceed the maximum quoted value in our estimate without your prior approval. This above estimate includes all work through the submittal of our final report. We assume the work will be conducted in accordance with a mutually agreed upon contract for professional services. If other services are desired after submittal of the report, such as meetings with our staff and inspection of construction;the cost would be in addition to that quoted above. If conditions are encountered by our borings that may require further explorations(ie. drilling deeper borings or more borings)you will be contacted to arrange further action. We have also provided estimated costs for meetings or construction consulting, if needed. To guide you in understanding and evaluating the nature of our work, we have also enclosed for your use Important Information about your Geotechnical/Environmental Proposal. If you have any questions or comments or wish to revise the scope of our services,please contact the undersigned. We look forward to the opportunity to continue to work with you on this project and believe that our firm can provide you with the necessary recommendations to allow you to complete your design of this project. Sincerely, SHANNON&WILSON,INC. Senior Geologist Encl: Summary Cost Estimate Important Information about your Geotechnical/Environmental Proposal Standard General Terms and Conditions 32-2-04895 52- SHANNON&WILSON,INC. SUMMARY COST ESTIMATE GEOTECHNICAL STUDIES 1.Project Setup/Utility Locates/Permit Coordination $5,630 Vice President 2 hrs.x $210 /hr. = $420 Sr.Professional(includes travel to and from Anchorage) 16 hrs.x $110 /hr. = $1,760 Lane Closure Permit 1 x $288 each = $288 Traffic Control Plan&Mobilization 1 x $575 each = $575 Driller Mob/Demob 1 x $2,588 each = $2,588 2.Drilling/Sampling/Logging $14,410 Drilling(4-40 foot borings, 160 linear feet) 2 days x $3,335 /day = $6,670 Cut/patch asphalt 4 x $52 each = $207 Traffic Control 20 hrs.x $207 /hr. = $4,140 Traffic Control(room and board) 1 x $575 each = $575 Sr.Professional(incl.grab sampling) 20 hrs.x $110 /hr. = $2,200 Consumable Field Supplies 2 days x $40 /day = $80 Perdiem 2 days x $69 /day = $138 Lodging 1 day x $150 /day = $150 Vehicle 2 days x $125 /day = $250 3.Laboratory Testing $2,220 Water contents 24 x $15 each = $360 MPT Sample Gradation(2-inch to minus#200) 12 x $80 each = $960 Grab Sample Gradation(3-inch to minus#200) 4 x $150 each = $600 Atterberg Limits 2 x $150 each = $300 4.Geotechnical Engineering Report $9,320 Vice President 12 hrs.x $210 /hr. = $2,520 Sr.Professional 60 hrs.x $110 /hr. = $6,600 Clerical/Drafting 2 hrs.x $75 /hr. = $150 Reproduction 1 x $50 /each = $50 5. Meetings,Design Consulting $1,720 Vice President 4 hrs.x $210 /hr. = $840 Sr.Professional 8 hrs. x $110 /hr. = $880 Total= $33,300 53 April 2015 32-2-04895,Snow River Erosion Control,Seward,Alaska Page 1 of 1 SHANNON &WILSON, INC. Geotechnical and Environmental Consultants Attachment to and part of Proposal: 32-2-04895 1111 _ Date: April 15,2016 - To: AWR RE: Snow River Erosion Control Important Information About Your Geotechnical/Environmental Proposal More construction problems are caused by site subsurface conditions than any other factor. The following suggestions and observations are offered to help you manage your risks. HAVE REALISTIC EXPECTATIONS. If you have never before dealt with geotechnical or environmental issues,you should recognize that site exploration identifies actual subsurface conditions at those points where samples are taken, at the time they are taken. The data derived are extrapolated by the consultant,who then applies judgment to render an opinion about overall subsurface conditions;their reaction to construction activity; appropriate design of foundations,slopes,impoundments,recovery wells;and other construction and/or remediation elements. Even under optimal circumstances,actual conditions may differ from those inferred to exist,because no consultant,no matter how qualified,and no subsurface program,no matter how comprehensive,can reveal what is hidden by earth,rock,and time. DEVELOP THE SUBSURFACE EXPLORATION PLAN WITH CARE. The nature of subsurface explorations—the types, quantities, and locations of procedures used—in large measure determines the effectiveness of the geotechnical/environmental report and the design based upon it. The more comprehensive a subsurface exploration and testing program,the more information it provides to the consultant,helping to reduce the risk of unanticipated conditions and the attendant risk of costly delays and disputes. Even the cost of subsurface construction may be lowered. Developing a proper subsurface exploration plan is a basic element of geotechnical/environmental design,which should be accomplished jointly by the consultant and the client(or designated professional representatives). This helps the parties involved recognize mutual concerns and makes the client aware of the technical options available. Clients who develop a subsurface exploration plan without the involvement and concurrence of a consultant may be required to assume tiusponsibility and liability for the plan's adequacy. READ GENERAL CONDITIONS CAREFULLY. Most consultants include standard general contract conditions in their proposals. One of the general conditions most commonly employed is to limit the consulting firm's liability. Known as a"risk allocation"or"limitation of liability,"this approach helps prevent problems at the beginning and establishes a fair and reasonable framework for handling them,should they arise. Various other elements of general conditions delineate your consultant's responsibilities. These are used to help eliminate confusion and misunderstandings,thereby helping all parties recognize who is responsible for different tasks. In all cases,read your consultant's general conditions carefully and ask any questions you may have. HAVE YOUR CONSULTANT WORK WITH OTHER DESIGN PROFESSIONALS. Costly problems can occur when other design professionals develop their plans based on misinterpretations of a consultant's report. To help avoid misinterpretations, retain your consultant to work with other project design professionals who are affected by the geotechn- ical/environmental report. This allows a consultant to explain report implications to design professionals affected by them,and to review their plans and specifications so that issues can be dealt with adequately. Although some other design professionals may be familiar with geotechnical/environmental concerns,none knows as much about them as a competent consultant. Page 1 of 2 1/2005 5y SHANNON& WILSON, INC. OBTAIN CONSTRUCTION MONITORING SERVICES. Most experienced clients also retain their consultant to serve during the construction phase of their projects. Involvement during the construction phase is particularly important because this permits the consultant to be on hand quickly to evaluate unanticipated conditions, to conduct additional tests if required, and when necessary,to recommend alternative solutions to problems. The consultant can also monitor the geotechnical/environmental work performed by contractors. It is essential to recognize that the construction recommendations included in a report are preliminary,because they must be based on the assumption that conditions revealed through selective exploratory sampling are indicative of actual conditions throughout a site. Because actual subsurface conditions can be discerned only during earthwork and/or drilling,design consultants need to observe those conditions in order to provide their recommendations. Only the consultant who prepares the report is fully familiar with the background information needed to determine whether or not the report's recommendations are valid. The consultant submitting the report cannot assume responsibility or liability for the adequacy of preliminary recommendations if another party is retained to observe construction. REALIZE THAT ENVIRONMENTAL ISSUES MAY NOT HAVE BEEN ADDRESSED. If you have requested only a geotechnical engineering proposal, it will not include services needed to evaluate the likelihood of contamination by hazardous materials or other pollutants. Given the liabilities involved,it is prudent practice to always have a site reviewed from an environmental viewpoint. A consultant cannot be responsible for failing to detect contaminants when the services needed to perform that function are not being provided. ONE OF THE OBLIGATIONS OF YOUR CONSULTANT IS TO PROTECT THE SAFETY,PROPERTY,AND WELFARE OF THE PUBLIC. A geotechnical/environmental investigation will sometimes disclose the existence of conditions that may endanger the safety, health, property,or welfare of the public. Your consultant may be obligated under rules of professional conduct,or statutory or common law,to notify you and others of these conditions. RELY ON YOUR CONSULTANT FOR ADDITIONAL ASSISTANCE. Your consulting firm is familiar with several techniques and approaches that can be used to help reduce risk exposure for all parties to a construction project,from design through construction. Ask your consultant,not only about geotechnical and environmental issues,but others as well,to learn about approaches that may be of genuine benefit. The preceding paragraphs are based on information provided by the ASFE/Association of Engineering Firms Practicing in the Geosciences,Silver Spring,Maryland Page 2 of 2 GG 1/2005 6 al SHANNON 81 WILSON, INC. Attachment to and part of our Proposal: 32-1-04895 Geotechnical and Environmental Consultants April 15,2016 Date: To: AWR Re: Snow River Erosion Control STANDARD GENERAL TERMS AND CONDITIONS ARTICLE 1 —SERVICES OF SHANNON&WILSON Shannon&Wilson's scope of work("Services")shall be limited to those Services expressly set forth in its Proposal and is subject to the terms and conditions set forth herein. Shannon&Wilson shall procure and maintain all business and professional licenses and registrations necessary to provide its Services. Upon Client's request (and for additional Compensation,if not already included in Shannon&Wilson's Proposal),Shannon&Wilson shall assist Client in attempting to obtain,or on behalf of Client and in Client's name attempt to obtain,those permits and approvals required for the project for which Shannon&Wilson's Services are being rendered. Client acknowledges,depending on field conditions encountered and subsurface conditions discovered,the number and location of borings,the number and type of field and laboratory tests,and other similar items,as deemed necessary by Shannon&Wilson in the exercise of due care,may need to be increased or decreased;if such modifications are approved by Client,Shannon&Wilson's Compensation and Schedule shall be equitably adjusted. If conditions actually encountered at the project site differ materially from those represented by Client and/or shown or indicated in the contract documents,or are of an unusual nature which materially differ from those ordinarily encountered and generally recognized as inherent for the locality and character of the Services provided for in Shannon&Wilson's scope of Services,Shannon&Wilson's Compensation and Schedule shall be equitably adjusted. Without increasing the Services,compensation("Compensation"),or schedule("Schedule")contained in Shannon&Wilson's Proposal,Shannon&Wilson may employ such subcontractors as Shannon&Wilson deems necessary to assist in furnishing its Services. If Shannon&Wilson's scope of Services is increased or decreased by Client,Shannon&Wilson's Compensation and Schedule shall be equitably adjusted. ARTICLE 2—TIMES FOR RENDERING SERVICES Shannon&Wilson shall perform its Services in accordance with the Schedule set forth in its Proposal. If Shannon&Wilson's Proposal sets forth specific periods of time for rendering Services,or specific dates by which Services are to be completed,and such periods of time or dates are extended or delayed through no fault of Shannon&Wilson,Shannon&Wilson's Compensation and Schedule shall be equitably adjusted. If Shannon&Wilson's Schedule is accelerated by Client,Shannon&Wilson's Compensation shall be equitably adjusted. ARTICLE 3—PAYMENTS TO SHANNON&WILSON Invoices shall be prepared in accordance with Shannon& Wilson's standard invoicing practices and shall be submitted to Client by Shannon& Wilson monthly. The amount billed in each invoice shall be calculated as set forth in Shannon&Wilson's Proposal. Unless Shannon&Wilson's Proposal contains a fixed lump-sum Compensation,Shannon&Wilson's actual total Compensation may be more or less than the estimate contained in its Proposal. Shannon&Wilson shall not exceed the estimate contained in its Proposal by more than ten percent(10%)without the prior written consent of Client;provided however,unless the Client authorizes additional funds in excess of the estimate contained in Shannon&Wilson's Proposal,Shannon&Wilson shall have no obligation to continue Services on the project. Unless negotiated separately,Shannon&Wilson will include a fifteen percent(15%)fee on all subcontract and expenses. Invoices are due and payable within 30 days of receipt. If Client fails to pay Shannon&Wilson's invoice within 30 days after receipt,the amounts due Shannon&Wilson shall accrue interest at the rate of one and one-half percent(1.5%)per month(or the maximum rate of interest permitted by law,if less) after the 30th day. In addition,Shannon&Wilson may,after giving seven(7)days written notice to Client,suspend all Services under this Agreement until Shannon&Wilson has been paid in full. If Client disputes Shannon&Wilson's invoice,only the disputed portion(s)may be withheld from payment,and the undisputed portion(s)shall be paid. Records of Shannon&Wilson's direct and indirect costs and expenses pertinent to its Compensation under this Agreement shall be kept in accordance with generally accepted accounting practices and applicable federal,state,or local laws and regulations. Upon request,such records shall be made available to Client for inspection on Shannon&Wilson's premises and copies provided to Client at cost. ARTICLE 4—CLIENT'S RESPONSIBILITIES Client shall grant or obtain free access to the project site for all equipment and personnel necessary for Shannon&Wilson to perform its Services ARTICLE 5—STANDARD OF CARE/ABSENCE OF WARRANTIES/NO RESPONSIBILITY FOR SITE SAFETY OR CONTRACTOR'S PERFORMANCE Standard of Care The standard of care for all professional Services performed or furnished by Shannon&Wilson under this Agreement shall be the skill and care ordinarily exercised by other members of Shannon&Wilson's profession,providing the same or similar services,under the same or similar circumstances,at the same Standard_General_Terms_and Conditions.doc Page 1 of 6 (1/2005) SHANNON &WILSON, INC. time and locality as the Services were provided by Shannon& Wilson. The installation, construction, alteration, or repair of any object or structure by Shannon&Wilson shall be performed in a good and workmanlike manner in accordance with general industry standards,and conform to this Agreement. Subsurface explorations and testing identify actual subsurface conditions only at those points where samples are taken, at the time they are taken. Actual conditions at other locations of the project site,including those inferred to exist between the sample points,may differ significantly from conditions that exist at the sampling locations. The passage of time or intervening causes may cause the actual conditions at the sampling locations to change as well. Interpretations and recommendations made by Shannon&Wilson shall be based solely upon information available to Shannon& Wilson at the time the interpretations and recommendations are made. Shannon&Wilson shall be responsible for the technical accuracy of its Services,data,interpretations,and recommendations resulting therefrom,and Client shall not be responsible for discovering deficiencies therein. Shannon&Wilson shall correct any substandard Services without additional Compensation, except to the extent that such inaccuracies are directly attributable to deficiencies in Client-furnished information. Warranties Shannon& Wilson makes no guarantees or warranties, express or implied, under this Agreement or otherwise, about Shannon & Wilson's professional Services. Shannon&Wilson warrants for one(1)year from substantial completion of the Services,all goods delivered hereunder shall be new and free from defects in material or workmanship,and shall conform to the specifications,drawings,or sample(s)specified or furnished,if any,and shall be merchantable and fit for their intended purpose(s). Shannon&Wilson warrants that Shannon&Wilson has good and marketable title to all goods delivered hereunder,and that all goods delivered hereunder shall be free and clear of all claims of superior title,liens,and encumbrances of any kind. Client-Furnished Documents Shannon&Wilson may use requirements,programs,instructions,reports,data,and information furnished by Client to Shannon&Wilson in performing its Services under this Agreement. Shannon&Wilson may rely on the accuracy and completeness of requirements,programs,instructions,reports,data,and other information furnished by Client to Shannon&Wilson. Client shall,only to the fullest extent permitted by law,waive any claims against Shannon& Wilson and its subcontractors,and indemnify and hold Shannon&Wilson and its subcontractors harmless from any claims,liability,or expenses(including reasonable attorneys'fees and costs)arising from Shannon&Wilson's reliance on Client-furnished information,except to the extent of Shannon&Wilson's and its subcontractor's negligent or wrongful acts,errors,omissions,or breach of contract. Site Damage Shannon&Wilson shall take reasonable precautions to minimize damage to the project site,but it is understood by Client that, in the normal course of Shannon&Wilson's Services,some project site damage may occur,and the correction of such damage is not part of Shannon&Wilson Services unless so stated in Shannon& Wilson's Proposal. Client shall, only to the fullest extent permitted by law, waive any claims against Shannon& Wilson and its subcontractors, and indemnify and hold Shannon& Wilson and its subcontractors harmless from any claims, liability, or expenses (including reasonable attorneys' fees and costs) arising from any project site damage caused by Shannon & Wilson, except to the extent of Shannon & Wilson's and its subcontractor's negligent or wrongful acts,errors,omissions,or breach of contract. Buried Structures If there are any buried structures and/or utilities on the project site where subsurface explorations are to take place,Client shall provide Shannon&Wilson with a plan showing their existing locations. Shannon&Wilson shall contact the one-number utility locator service to request that they identify any utilities. Shannon&Wilson shall use reasonable care and diligence to avoid contact with buried structures and/or utilities as shown. Shannon&Wilson shall not be liable for any loss or damage to buried structures and/or utilities resulting from inaccuracy of the plans,or lack of plans,or errors by the locator service relating to the location of buried structures and/or utilities. Client shall,only to the fullest extent permitted by law,waive any claims against Shannon& Wilson and its subcontractors,and indemnify,and hold Shannon&Wilson and its subcontractors harmless from any claims,liability,or expenses(including reasonable attorneys'fees and costs)arising from damage to buried structures and/or utilities caused by Shannon&Wilson's sampling,except to the extent of Shannon&Wilson's and its subcontractor's negligent or wrongful acts,errors,omissions,or breach of contract. Aquifer Cross-Contamination Despite the use of due care,unavoidable contamination of soil or groundwater may occur during subsurface exploration when drilling or sampling tools are advanced through a contaminated area, linking it to an aquifer, underground stream, or other hydrous body not previously contaminated and capable of spreading contaminants off the project site. Because Shannon& Wilson is powerless to totally eliminate this risk despite use of due care, and because sampling is an essential element of Shannon&Wilson's Services,Client shall,only to the fullest extent permitted by law,waive any claims against Shannon &Wilson and its subcontractors,and indemnify and hold Shannon&Wilson and its subcontractors harmless from any claims,liability,or expenses(including reasonable attorneys'fees and costs)arising from cross-contamination caused by Shannon&Wilson's sampling,except to the extent of Shannon&Wilson's and its subcontractor's negligent or wrongful acts,errors,omissions,or breach of contract. Opinions of Probable Construction Costs If opinions of probable construction costs are included in Shannon&Wilson's Proposal,Shannon&Wilson's opinions of probable construction costs shall be made on the basis of its experience and qualifications and represent its judgment as a professional generally familiar with the industry. Opinions of probable construction costs are based,in part,on approximate quantity evaluations that are not accurate enough to permit contractors to prepare bids. Further,since Shannon&Wilson has no control over:the cost of labor,materials,equipment,or work furnished by others;the contractor's actual or proposed construction methods or methods of determining prices;competitive bidding;or market conditions,Shannon&Wilson cannot and does not guarantee that proposals,bids, or actual construction cost will not vary from opinions of the components of probable construction cost prepared by Shannon&Wilson. If Client or any contractor wishes greater assurance as to probable construction cost,Client or contractor shall employ an independent cost estimator. Review of Contractor's Shop Drawings and Submittals If review of a contractor's shop drawings and submittals are included in Shannon&Wilson's Proposal,Shannon&Wilson shall review and take appropriate action on the contractor's submittals,such as shop drawings,product data,samples,and other data,which the contractor is required to submit,but solely for the limited purpose of checking for general overall conformance with Shannon&Wilson's design concept. This review shall not include a review of the accuracy or completeness of details,such as quantities; dimensions;weights or gauges; fabrication processes;construction means, methods,sequences or procedures;coordination of the work with other trades;or construction safety precautions,all of which are the sole responsibility of the contractor. Shannon & Wilson's review shall be conducted with reasonable promptness while allowing sufficient time, in Shannon&Wilson's judgment,to permit adequate review. Review of a specific item shall not be construed to mean that Shannon&Wilson has reviewed the entire assembly of which the item is a component. Shannon&Wilson shall not be responsible for any deviations by the contractor in the shop drawings and submittals from the construction documents,which are not brought to the attention of Shannon&Wilson by the contractor in writing. Standard_General_Terms_and_Conditions.doe Page 2 of 6 (1/200-) SHANNON &WILSON, INC. Construction Observation If construction observation is included in Shannon&Wilson's Proposal,Shannon&Wilson shall visit the project site at intervals Shannon&Wilson deems appropriate,or as otherwise agreed to in writing by Client and Shannon&Wilson,in order to observe and keep Client generally informed of the progress and quality of the work. Such visits and observations are not intended to be an exhaustive check or a detailed inspection of any contractor's work,but rather are to allow Shannon&Wilson,as a professional,to become generally familiar with the work in progress in order to determine,in general,whether the work is progressing in a manner indicating that the work,when fully completed,will be in accordance with Shannon&Wilson's general overall design concept. Shannon&Wilson's authority shall be limited to observing,making technical comments regarding general overall compliance with Shannon&Wilson's design concept,and rejecting any work which it becomes aware of that does not comply with Shannon&Wilson's general overall design concept. Shannon &Wilson's acceptance of any non-conforming work containing latent defects or failure to reject any non-conforming Services not inspected by Shannon& Wilson shall not impose any liability on Shannon& Wilson or relieve any contractor from complying with their contract documents. All construction contractors shall be solely responsible for construction site safety,the quality of their work,and adherence to their contract documents. Shannon&Wilson shall have no authority to direct any contractor's actions or stop any contractor's work. If Shannon&Wilson is not retained to provide construction observation of the implementation of its design recommendations,Client shall,only to the fullest extent permitted by law,waive any claims against Shannon&Wilson,and indemnify and hold Shannon&Wilson harmless from any claims,liability,or expenses(including reasonable attorneys' fees and costs)arising from the implementation of Shannon&Wilson's design recommendations, except to the extent of Shannon&Wilson's and its subcontractor's negligent or wrongful acts,errors,omissions,or breach of contract. No Responsibility for Site Safety Except for its own subcontractors and employees,Shannon&Wilson shall not:supervise,direct,have control over,or authority to stop any contractor's work; have authority over or responsibility for the means,methods,techniques,sequences,or procedures of construction selected by any contractor;be responsible for safety precautions and programs incident to any contractor's work;or be responsible for any failure of any contractor to comply with laws and regulations applicable to the contractor,all of which are the sole responsibility of the construction contractors. This requirement shall apply continuously,regardless of time or place, and shall in no way be altered because a representative of Shannon & Wilson is present at the project site performing his/her duties. Notwithstanding anything to the contrary, Shannon&Wilson shall never be deemed to have assumed responsibility for the project's site safety by either contract or conduct. No act or direction by Shannon&Wilson shall be deemed the exercise of supervision or control of any contractor's employees or the direction of any contractor's performance. Any direction provided by Shannon&Wilson shall be deemed solely to ensure the contractor's general overall compliance with Shannon&Wilson's design concept. No Responsibility for Contractor's Performance Except for its own subcontractors and employees,Shannon&Wilson shall not be responsible for safety precautions,the quality of any contractor's work,or any contractor's failure to furnish or perform their work in accordance with their contract documents. Except Shannon&Wilson's own employees and its subcontractors,Shannon&Wilson shall not:be responsible for the acts or omissions of any contractor, subcontractor or supplier,or other persons at the project site,or otherwise furnishing or performing any work;or for any decision based on interpretations or clarifications of Shannon&Wilson's design concept given without the consultation and concurrence of Shannon&Wilson. Approval of Contractor's Applications for Payment If approval of a contractor's applications for payment are included in Shannon&Wilson's Proposal,Shannon&Wilson shall review the amounts due the contractor and issue a recommendation about payment to Client. Shannon&Wilson's review and approval shall be limited to an evaluation of the general progress of the work and the information contained in the contractor's application for payment and a representation by Shannon&Wilson that to the best of the Shannon&Wilson's knowledge,the contractor has performed work for which payment has been requested,subject to further testing and inspection upon substantial completion. The issuance of a recommendation for payment shall not be construed as a representation that: Shannon& Wilson has made an exhaustive check or a detailed or continuous inspection check of the quality or quantity of the contractor's work;approved the contractors means,methods, sequences,procedures,or safety precautions:or that contractor's subcontractors,laborers,and suppliers have been paid. ARTICLE 6—CONFIDENTIALITY AND USE OF DOCUMENTS Confidentiality Shannon&Wilson agrees to keep confidential and to not disclose to any person or entity(other than Shannon&Wilson's employees and subcontractors), without the prior consent of Client,all information furnished to Shannon&Wilson by Client or learned by Shannon&Wilson as a result of its Services on the project;provided however, that these provisions shall not apply to information that: is in the public domain through no fault of Shannon&Wilson;was previously known to Shannon&Wilson;or was independently acquired by Shannon&Wilson from third-parties who were under no obligation to Client to keep said information confidential. This paragraph shall not be construed to in any way restrict Shannon&Wilson from making any disclosures required by law. Client agrees that Shannon&Wilson may use and publish Client's name and a general description of Shannon&Wilson's Services with respect to the project in describing Shannon&Wilson's experience and qualifications to others. Copyrights and Patents—Shannon& Wilson shall indemnify,hold harmless,and defend Client from any and all actions, damages, demands,expenses (including reasonable attorneys' fees and costs),losses,and liabilities arising out of any claims that any goods or Services furnished by Shannon&Wilson infringe any patent,trademark,trade name,or copyright. Use of Documents All documents prepared by Shannon& Wilson are instruments of service with respect to the project, and Shannon& Wilson shall retain a copyrighted ownership and property interest therein(including the right of reuse)whether or not the project is completed. Shannon&Wilson grants to Client a non-exclusive, irrevocable,unlimited,royalty-free license to use any documents prepared by Shannon&Wilson for Client. Client may make and retain copies of such documents for their information and use. Such documents are not intended or represented to be suitable for reuse by Client,or others, after the passage of time,on extensions of the project,or on any other project. Any such reuse without written verification or adaptation by Shannon&Wilson, as appropriate for the specific purpose intended,shall be at Client's sole risk,and Client shall,only to the fullest extent permitted by law,waive any claims against Shannon&Wilson and its subcontractors, and indemnify and hold Shannon&Wilson and its subcontractors harmless from any claims,liability,or expenses(including reasonable attorneys' fees and costs)arising from such reuse,except to the extent of Shannon& Wilson's and its subcontractor's negligent or wrongful acts,errors,omissions, or breach of contract. Any verification or adaptation of the documents for extensions of the project or for any other project by Shannon&Wilson shall entitle Shannon&Wilson to additional Compensation to be agreed upon by Client and Shannon&Wilson. Standard General—Terms_and_Conditions.doc Page 3 of 6 (1/2004) ��y SHANNON &WILSON, INC. Copies of documents that may be relied upon by Client are limited to the printed copies(also known as hard copies)that are signed or sealed by Shannon& Wilson. Text,data,or graphics files in electronic media format are furnished solely for the convenience of Client. Any conclusion or information obtained or derived from such electronic files shall be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies,the hard copies govern. Because data stored in electronic media can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving an electronic file agrees that it shall perform acceptance tests or procedures within 60 days after its receipt,after which,unless notice of any errors are given in writing to the delivering party,the receiving party shall be deemed to have accepted the data thus transferred. Any errors reported within the 60- day acceptance period shall be corrected by the party delivering the electronic files at their sole expense. Shannon&Wilson shall not be responsible for maintaining documents stored in electronic media format after acceptance by Client. When transferring documents in electronic media format, neither Client nor Shannon& Wilson makes any representations as to long-term compatibility, usability,or readability of documents resulting from the use of software application packages,operating systems,or computer hardware differing from those used for the document's creation. ARTICLE 7-INSURANCE Shannon&Wilson shall purchase and maintain during the term of this Agreement,the following insurance coverage at its sole expense: Commercial General Liability-$1,000,000 each occurrence/$2,000,000 annual aggregate Bodily Injury/Property Damage Combined Single Limit including Blanket Contractual Liability,Broad Form Products and Completed Operations,Explosion/Collapse/Underground(XCU)Exposures,and Washington Stop Gap coverage. Auto Liability-$1,000,000 Bodily Injury/Property Damage Combined Single Limit including Owned,Hired,and Non-Owned Liability coverage. Umbrella Liability-$5,000,000 Bodily Injury/Property Damage combined Single Limit in excess of Commercial General Liability,Auto Liability, and Employers'Liability. Workers'Comnensation-Statutory in monopolistic states and$500,000 per accident/$500,000 per disease/$500,000 disease policy aggregate Employers' Liability in non-monopolistic including if applicable,U.S.Longshore&Harbor Workers coverage. Professional Liability-$1,000,000 per claims/$1,000,000 annual aggregate for professional errors and omissions including Pollution Liability coverage. If requested in writing by Client,Shannon&Wilson shall name Client as an additional insured on its Commercial General Liability policy. If requested in writing by Client, Shannon&Wilson shall deliver to Client certificates of insurance evidencing such coverage. Such certificates shall be furnished before commencement of Shannon&Wilson's Services. Client shall cause Shannon&Wilson and its subcontractors to be listed as additional insureds on any Commercial General Liability insurance carried by Client that is applicable to the project. Client shall require the project owner to require the general contractor on the project to purchase and maintain Commercial General Liability,Builder's Risk, Automobile Liability,Workers compensation,and Employers Liability insurance,with limits no less than set forth above,and to cause Shannon&Wilson and its subcontractors to be listed as additional insureds on the Commercial General Liability insurance. Client shall require the project owner include the substance of this paragraph in the prime construction contract. All insurance policies required under this Article shall contain a waiver of subrogation. ARTICLE 8-HAZARDOUS ENVIRONMENTAL CONDITIONS Disclosure of the Existence of Hazardous Environmental Conditions Client has disclosed to Shannon&Wilson all data known to Client concerning known or suspected hazardous environmental conditions,including but not limited to,the existence of all asbestos,PCBs,petroleum,hazardous waste,or radioactive material,if any,located at or near the project site,including its type, quantity,and location,or has represented to Shannon&Wilson that,to the best of Client's knowledge,no hazardous environmental conditions exist at or near the project site. If any hazardous environmental condition is encountered or believed to exist,Shannon&Wilson shall notify Client and,to the extent required by applicable laws and regulations,the project site owner,and appropriate governmental officials. Disposal of Non-Hazardous Samples and Hazardous or Toxic Substances All substances on,in,or under the project site,or obtained from the project site as samples or as byproducts(e.g.,drill cuttings and fluids)of the sampling process are the project site owner's property. Shannon&Wilson shall preserve such samples for forty-five(45)calendar days after Shannon&Wilson's issuance to Client of the final instrument of service that relates to the data obtained from them. Shannon&Wilson shall dispose of all non-hazardous samples and sampling process byproducts in accordance with applicable law;provided however,any samples or sampling process byproducts that are,or are believed to be,affected by regulated contaminants shall be packaged by Shannon&Wilson in accordance with applicable law,and turned over to Client or left on the project site.Shannon&Wilson shall not transport store,treat,dispose of,or arrange for the transportation,storage,treatment,or disposal of,any substances known,believed,or suspected to be affected by regulated contaminants,nor shall Shannon&Wilson subcontract for such activities. Shannon&Wilson shall,at Client's request(and for additional Compensation,if not already included in Shannon&Wilson's Proposal),help Client or the project site owner identify appropriate alternatives for transportation,storage,treatment,or disposal of such substances,but Shannon&Wilson shall not make any independent determination about the selection of a transportation,storage,treatment,or disposal facility. Client or the project site owner shall sign all manifests for the transportation,storage,treatment,or disposal of substances affected by regulated contaminants; provided however, notwithstanding any other provisions of this Agreement to the contrary, if Client directs Shannon & Wilson, Shannon & Wilson's employees,or Shannon&Wilson's agents to sign such manifests and/or to hire for Client or the project site owner a contractor to transport store,treat,or dispose of the contaminated substances,Shannon&Wilson shall do so only as Client's disclosed agent. Contaminated Equipment and Consumables Client shall reimburse Shannon & Wilson for the cost of decontaminating field or laboratory equipment that is contaminated by regulated materials encountered at the project site and for the cost of disposal and replacement of contaminated consumables. In some instances,the cost of decontamination may exceed the fair market value of the equipment,were it not contaminated,together with the cost of properly transporting and disposing of the equipment. In Standard General_Terms_and_Conditions.doe Page 4 of 6 (I/2004) 59 SHANNON &WILSON, INC. such instances,Shannon&Wilson will notify Client and give Client the option of paying for decontamination or purchasing the equipment at its fair market value immediately prior to contamination. If Client elects to purchase equipment,Client and Shannon&Wilson will enter into a specific agreement for that purpose. Any equipment that cannot be decontaminated shall be considered a consumable. Client's Liability for Hazardous or Toxic Materials Except to the extent caused by Shannon&Wilson's and its subcontractor's negligent or wrongful acts,errors,omissions,or breach of contract,and only to the maximum extent permitted by law,Client shall: indemnify and hold harmless Shannon&Wilson,its subcontractors and their partners,officers,directors, employees,and agents;from and against any and all actions(whether sounding in tort,contract(express or implied),warranty(express or implied),statutory liability,strict liability,or otherwise),claims(including,but not limited to,claims for bodily injury,death,property damage(including bodily injury,death,or property damage to Shannon&Wilson's own employees),or arising under CERCLA,MTCA,or similar federal,state,or local environmental laws),costs, damages(including without limitation,economic,non-economic,general,special,incidental,consequential),demands,expenses(including,but not limited to,reasonable attorneys'fees and costs of defense),fines,judgments,liens,liabilities,and penalties of any kind whatsoever;arising from the arrangement for and/or ownership, operation, generation, labeling, transportation, storage, disposal, treatment, release, or threatened release of any hazardous or toxic materials,as defined by CERCLA,MTCA,or similar federal,state,or local environmental laws,on and/or from the project site. ARTICLE 9-ALLOCATION OF RISK Indemnification of Client To the maximum extent permitted by law,Shannon&Wilson shall:indemnify and hold harmless Client,its appointed and elected officials,partners,officers, directors,employees,and agents;from and against any and all actions(whether sounding in tort,contract(express or implied),warranty(express or implied), statutory liability, strict liability, or otherwise), claims (including, but not limited to, claims for bodily injury, death, property damage, (including bodily injury,death,or property damage to Shannon&Wilson's own employees)or arising under CERCLA,MTCA,or similar federal,state,or local environmental laws),costs,damages(including without limitation,economic,non-economic,general,special,incidental,consequential),demands,expenses(including,but not limited to,reasonable attorneys' fees and costs of defense), fines,judgments,liens, liabilities, and penalties of any kind whatsoever;arising from the negligent or wrongful acts,errors,or omissions,or breach of contract or warranty express or implied,by Shannon&Wilson or any of its subcontractors;but only to the extent of Shannon&Wilson's and its subcontractor's relative degree of fault. In furtherance of these obligations,and only with respect to Client, its appointed and elected officials,partners,officers,directors,employees and agents,Shannon&Wilson waives any immunity it may have or limitation on the amount or type of damages imposed under any industrial insurance,worker's compensation,disability,employee benefit,or similar laws. Shannon& Wilson acknowledges that this waiver of immunity was mutually negotiated. Limitation on Shannon&Wilson's Liability for Damages A.Total Liability for Damages Limited to Insurance Proceeds Notwithstanding any other provisions of this Agreement,and only to the maximum extent permitted by law,the total liability for damages,in the aggregate, under this Agreement of Shannon&Wilson,its subcontractors,and their partners,officers,directors,employees,agents and,or any of them,to Client and/or anyone claiming by,through,or under Client,for any and all actions(whether sounding in tort,contract(express or implied),warranty(express or implied), statutory liability, strict liability, or otherwise), claims (including, but not limited to, claims for bodily injury, death,property damage, (including bodily injury,death,or property damage to Shannon&Wilson's own employees)or arising under CERCLA,MTCA,or similar federal,state,or local environmental laws),costs,damages(including without limitation,economic,non-economic,general,special,incidental,consequential),demands,expenses(including,but not limited to, reasonable attorneys' fees and costs of defense), fines,judgments, liens, liabilities, and penalties of any kind whatsoever, arising out of, resulting from,or in any way related to the project or this Agreement,shall be limited to the insurance proceeds payable on behalf of or to Shannon&Wilson by any insurance policies applicable thereto. If you are unwilling or unable to limit our liability for damages in this manner,we will negotiate this limitation and its associated impact on our approach,Services,Schedule,and Compensation,with you. You must notify us in writing before we commence any of our Services of your intention to negotiate this limitation and its associated impact on our approach,Services,Schedule,and Compensation. Absent your prior written notification to the contrary,we will proceed on the basis that our total liability for damages is limited as set forth above. B.Professional Liability for Damages Limited to$50,000 or 10%of Fee With respect to professional errors or omissions only,notwithstanding any other provisions of this Agreement,and only to the maximum extent permitted by law,the total professional liability for damages,in the aggregate,under this Agreement of Shannon&Wilson,its subcontractors,and their partners,officers, directors,employees,agents,or any of them,to Client and/or anyone claiming by,through,or under Client,for any and all actions(whether sounding in tort, contract(express or implied),warranty(express or implied),statutory liability,strict liability,or otherwise),claims(including,but not limited to,claims for bodily injury,death,property damage(including bodily injury,death,or property damage to Shannon&Wilson's own employees)or arising under CERCLA, MTCA, or similar federal, state, or local environmental laws), costs, damages (including without limitation, economic, non-economic, general, special, incidental, consequential), demands, expenses (including, but not limited to, reasonable attorneys' fees and costs of defense), fines,judgments, liens, liabilities,and penalties of any kind whatsoever, arising out of,resulting from,or in any way related to the professional errors or omissions of Shannon& Wilson, its subcontractors, or their partners, officers, directors, employees, agents or, or any of them, shall be capped in the aggregate total amount of $50,000.00, or ten percent(10%)of the total Compensation actually paid to Shannon&Wilson under this Agreement, whichever is greater. If you are unwilling or unable to limit our professional liability for damages to these sums,we will negotiate the amount of this limitation and its associated impact on our approach,Services,Schedule,and Compensation,with you. You must notify us in writing before we commence any of our Services of your intention to negotiate the amount of this limitation and its associated impact on our approach, Services, Schedule, and Compensation. Absent your prior written notification to the contrary,we will proceed on the basis that our total professional liability for damages is limited to$50,000.00 or ten percent(10%)of the total Compensation actually paid to Shannon&Wilson under this Agreement,whichever is greater. ARTICLE 10—MISCELLANEOUS Termination This Agreement may be terminated without further obligation or liability by either party,with or without cause(for convenience),upon 30 days prior written notice to the other. Shannon& Wilson shall be entitled to Compensation for all Services performed prior to the termination of this Agreement. This Agreement may be terminated by the non-breaching party upon any breach of this Agreement that remains uncured after 10 days notice to the breaching party by the non-breaching party. Upon payment of all amounts due Shannon&Wilson,Client shall be entitled to copies of Shannon&Wilson's files and records pertaining to Services performed prior to the termination of this Agreement. Standard General_Terms_and_Conditions.doc Page 5 of 6 (1/2004) (0° SHANNON &WILSON, INC. Successors,Assigns,and Beneficiaries This Agreement shall be binding upon each party's assigns,successors,executors,administrators,and legal representatives. Neither Client nor Shannon&Wilson may assign or transfer any rights under or interest in this Agreement without the written consent of the other. No assignment shall release or discharge the assignor from any duty or responsibility under this Agreement. Nothing in this Agreement shall be construed to create,impose,or give rise to any duty owed by Client or Shannon&Wilson to any third-party. All duties and responsibilities undertaken under this Agreement shall be for the sole and exclusive benefit of Client and Shannon&Wilson. There are no intended third-party beneficiaries. Notwithstanding the foregoing,should a court find a third-party to be a beneficiary of this Agreement,it is the intent of the parties that the judicially created third-party beneficiary be bound by and subject to all of the terms and conditions of this Agreement. Statutes of Limitation,Notice of Claims,Jurisdiction,Venue,Choice of Law and Alternative Dispute Resolution Any applicable Statute of Limitation shall be deemed to commence running on the date which the claimant knew,or should have known,of the facts giving rise to their claims,but in no event later than the date of substantial completion of Shannon&Wilson's Services under this Agreement. To the maximum extent permitted by law,as a condition precedent to commencing a judicial proceeding,a party shall give written notice of their claims,including all amounts claimed,and the factual basis for their claims,to the other party within one(1)year of when the claimant knew,or should have known,of the facts giving rise to their claims,but in no event later than one(1)year from the date of substantial completion of Shannon&Wilson's Services under this Agreement. As a condition precedent to commencing a judicial proceeding,a party shall first submit their claims to non-binding mediation through and in accordance with the rules of the American Arbitration Association. This Agreement shall be construed in accordance with and governed by the laws(except choice and conflict of law provisions)of the state in which the Project is located. Any judicial action shall be brought in the state in which the Project is located. Attorneys'Fees Should any dispute or claims arise out of this Agreement,whether sounding in tort,contract(express or implied),warranty(express or implied),statutory liability,strict liability,or otherwise,the prevailing party shall be entitled to an award of their reasonable attorneys'fees and costs,including upon appeal and in the enforcement of any judgment. Should neither party prevail on all of their claims or receive all of the relief they sought,then the substantially prevailing party shall be awarded their reasonable attorneys'fees and costs,including upon appeal and in the enforcement of any judgment. Waiver A waiver of any of the terms and conditions or breaches of this Agreement shall not operate as a subsequent waiver. Headings The headings used in this agreement are for general ease of reference only. They have no meaning and are not part of this Agreement. Integration This Agreement,together with all attachments hereto, are incorporated by reference into each other, and supercede all prior written and oral discussions, representations,negotiations,and agreements on the subject matter of this Agreement and represent the parties' complete,entire,and final understanding of the subject matter of this Agreement. Survival Notwithstanding completion or termination of this Agreement for any reason, all representations, warranties, limitations of liability, and indemnification obligations contained in this Agreement shall survive such completion or termination and remain in full force and effect until fulfilled. Severability If any of the terms or conditions of this Agreement are found to be void or unenforceable for any reason,the remainder of this Agreement shall continue in full force and effect,and the court shall attempt to judicially reform the void or unenforceable provisions to the maximum extent possible,consistent with the original intent expressed in the provisions,to render it valid and enforceable. If the court is unable to reform the provisions to render it valid and enforceable, the court shall strike only that portion which is invalid or unenforceable, and this Agreement shall then be construed without reference to the void or unenforceable provisions. Standard_General_Terms_and_Conditions.doc Page 6 61-'6 (1/2004) Solstice Alaska Consulting, Inc. 2607 Fairbanks Street, Suite B Anchorage, AK 99503 907.929.5960 April 26, 2016 John Foutz Electric Utility Manager City of Seward P.O. Box 167 Seward, AK 99664 Sent via email to: jfoutz@cityofseward.net Re: Snow River T-Line Erosion Repair Project Permitting and Grant Scope and Budget Dear Mr. Foutz: Thanks for the opportunity to provide a scope and budget for assisting with permitting and preparing a grant application for protecting the City of Seward's transmission line from the Snow River erosion. Based on a recent field visit, the City's poles #197 and 199 are at risk to future flooding and erosion events. The City has retained an engineer to assist with the design and implementation of short term erosion protection measures. This immediate work is critical to ensure that service is maintained, especially through fall flooding events. After this work is completed, the City's engineer will work to develop a long-term solution, which may include spur dikes or another solution. This letter summarizes the scope and budget expected for the permitting effort associated with the immediate work that is needed to protect the lines against erosion in the near term. This letter also includes scope and budget for preparing a grant application that may help to fund solutions to the erosional issues at the Snow River. Future phases of work are not included in this scope or budget, but can be prepared in the future once more is known about a possible long term solution. Task 1. Agency Scoping Solstice will conduct initial consultations with regulatory agencies via telephone and email to gather input on permitting needs and initial comments on the short term and long term solutions for the project. The following agencies will be consulted: • Alaska Department of Fish and Game (ADF&G) • Alaska Department of Natural Resources (ADNR) • Alaska Department of Transportation and Public Facilities (DOT&PF) • U.S. Army Corps of Engineers (USACE) Page 2 The results of these discussions with agencies will be provided to the City of Seward Electric Department and would guide the permit application preparation, information needs, and the permitting schedule. Task 2. Environmental Permit Applications for Short Term Solution It is expected that this project could be authorized by the USACE under Nationwide Permit #12 for Utility Line Activities; therefore a Pre-construction Notification (PCN) would be prepared. In addition, an ADF&G Fish Habitat Permit application will be prepared for the placement of fill within an anadromous (salmon) stream, and an ADNR Land Use Permit application will be completed for the placement of fill within the Snow River. The abovementioned permit application packages will include a detailed project description that will summarize the project's purpose and need; alternative considered; proposed action including construction methods and operation plans; potential project impacts; and avoidance and minimization measures. Solstice will assist with the DOT&PF Right-of-Way (ROW) approval by gathering letters of non- objection from adjacent landowners, as appropriate, and providing the project description. Task 3. USDA NRCS Grant Application Solstice will coordinate with the U.S. Department of Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) to apply for funding for either the short term or long term repair project under the Emergency Watershed Protection Program (EWP). Once the application requirements are determined, Solstice will prepare the needed materials as necessary. Task 4. Follow Up Solstice will work with the permitting agencies to answer questions and provide additional information as needed and continue to monitor the permit applications to ensure that they are processed in a timely manner. Once the permits are issued, Solstice will draft a memorandum summarizing all permit conditions and requirements. Solstice will also coordinate with NRCS to see the status of the EWP grant after the application is submitted. Assumptions The following points are assumed for this project. If the assumptions change, Solstice may require a change in scope and budget to complete the project. • No travel to Seward would be needed. • The City of Seward's engineer will provide drawings as required. This may include, but is not limited to, a vicinity map, plan view of the entire project, and typical cross sections. • Engineering support or design-related issues/questions encountered through the process will be addressed by the City. C,. kT•cv naSvllinqILE inc 13 Page 3 • No fieldwork (i.e. fish survey, wetlands mapping) would be needed. • Future phases of permitting work are not included in this scope or budget. • One grant application would be prepared, either for the short term or long term solution, depending on which project is most applicable for the funding source. Project Budget The estimated cost for the services described above will be $18,860. Please see the attached budget for details. Work will be completed on a time and expenses basis and the project would only be charged for the time that is needed. We appreciate the opportunity to work on this project. Please let me know if you have any questions on this scope or budget. Sincerely, ( Ce-fr/P4- President Solstice Alaska Consulting, Inc. Attachment: Detailed budget STILE Mask•ce nsal�iny inc COST ESTIMATE Solstice Alaska Consulting,Inc. PROJECT TITLE: (Snow River T-Line Erosing Repair Project TASK DESCRIPTION: Permitting and Grant UPDATED: 04.25.2016 I PREPARED BY: Robin Reich SUB-TASK DESCRIPTION LABOR HOURS PER JOB CLASSIFICATION R.Reich C.Connaker S.Boyette Expenses Subtotal Task 1. Agency Scoping 4 $ 480 Task 2.Env.Permit Apps for Short Term Solution 30 120 $ 11,400 Task 3.USDA NRCS Grant Application 8 40 $ 5,760 Task 4. Follow up 4 4 4 TOTAL LABOR HOURS 46 124 44 Expenses $0 LABOR RATES($/HR) $120.00 $65.00 $120.00 %mark up $0 LABOR COSTS($) $5,520 $8,060 $5,280 Total Price $0 $18,860 V` 4/26/2016 City of Seward,Alaska City Council Minutes March 29, 2016 Volume 40, Page CALL TO ORDER The March 29,2016 regular meeting of the Seward City Council was called to order at 7:00 p.m. by Mayor Jean Bardarson. OPENING CEREMONY Lieutenant Doreen Valadez led the Pledge of Allegiance to the flag. ROLL CALL There were present: Jean Bardarson presiding and Marianna Keil Ristine Casagranda Dave Squires Sue McClure Deborah Altermatt comprising a quorum of the Council; and Jim Hunt, City Manager Johanna Kinney, City Clerk Brenda Ballou, Deputy City Clerk Absent—Dale Butts CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Tim McDonald said it had been a pleasure to serve as the City of Seward Cook Inlet Aquaculture Association(CIAA)representative.He said he had provided CIAA with his resignation at their meeting last week. APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Keil/Casagranda) Approval of Agenda and Consent Agenda Keil moved Resolution 2016-024, Resolution 2016-025, and Resolution 2016- 026 to the consent agenda. Bardarson rearranged the Order of Business to allow the PARKS presentation to follow the National Tsunami Awareness Week Proclamation. Motion Passed Unanimous The clerk read the following approved consent agenda items: City of Seward,Alaska City Council Minutes March 29, 2016 Volume 40, Page Resolution 2016-024,Accepting Funds From The Alaska State Library For The Public Library Assistance Grant In The Amount Of$6,650.00 And Appropriating Funds. Resolution 2016-025,Retroactively Amending The 2015 Budget To Record Expenditures Of $1,265,143.10 Paid By The State Of Alaska On Behalf Of The City Toward The City's Public Employees Retirement System Liability For The Period January Through June, 2015, And Appropriating Funds. Resolution 2016-026,Retroactively Amending The 2015 Budget To Record Expenditures Of $132,435.21 Paid By The State Of Alaska On Behalf Of The City Toward The City's Public Employees Retirement System Liability For The Period July Through December,2015,And Appropriating Funds. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards National Tsunami Awareness Week. Check Presentation by PARKS to the City of Seward. Chamber of Commerce Report. Cindy Clock said the Seattle Partners trip would be April 14-15,2016,in conjunction with the Washington,D.C.legislative trip.Courtesy calls would be made on major cruise ship and freight barge companies. Susie Urbach, President of the Chamber of Commerce,would be joining Clock on the trip. Christina Anderson led a walkabout from the Railroad Depot to get a sense of what visitors experienced.The Great Alaska Sportsman Show would be held this week in Anchorage. There were Halibut Tournament promotion cards being distributed to promote local business during the month of June.There would be five visitor center representatives to help staff throughout the summer.This year's Mount Marathon guide had been expanded to include additional informational and local business pages.The Seward business network Rise& Shine group would meet this Thursday at 7:00 a.m. at the Breeze Inn. April 15, 2016 would be the next Chamber membership lunch and would feature Tom Tougas reporting on his recent trip to China. Borough Assembly Report. Brandii Holmdahl reported there had been one assembly meeting in March;everything on the agenda had been moved to consent and the meeting was brief. The next meeting would be April 5, 2016 and would address a Local Option Zone discussion. April 19,2016 was the assembly's annual meeting in Seward.Holmdahl commented that there was a growing sense that Seward was becoming known as the"foodie"center of southcentral Alaska. City Manager's Report.Jim Hunt said there had been no purchase orders approved since the last meeting. Assistant City Manager Ron Long added that the shuttle benches were assembled and would be installed very soon. City of Seward,Alaska City Council Minutes March 29, 2016 Volume 40, Page Casagranda requested advance notice of administrations' upcoming travel schedules and planned absences. Bardarson requested an update on the paving schedule.Public Works Director W.C.Casey said not all the streets on the list would be paved due to higher costs.In response to Bardarson,Casey confirmed that the 95%review would be done in August, 2016 rather than in March, 2016 as was originally scheduled. Casey said he expected to receive a revised paving schedule soon. In response to Bardarson,Long said council could expect to receive the newly-implemented project tracking/completion forms that council had requested. Long said the forms had been distributed to department heads,but he had not received them back yet. McClure referenced the City Manager's Report and asked about the status of the Project Manager new hire. Long said two interviews had been completed. Other Reports,Announcements and Presentations PUBLIC HEARINGS—None UNFINISHED BUSINESS —None NEW BUSINESS Resolution 2016-027, Amending And Restating The ICMA Retirement Corporation Governmental Money Purchase Plan And Trust Document,In Response To Changes In The Internal Revenue Code. Motion (KeilCasagranda) Approve Resolution 2016-027 Long said this resolution was necessary to align the city's programs with IRS regulations. This would only impact employees who had opted out of PERS. There was no cost impact to the city. Motion Passed Unanimous Resolution 2016-028,Authorizing The Purchase Of A Ford F-250 From Cal Worthington Ford For A Price Of$30,404 To Replace Unit#156 Utilizing The State Of Alaska's Competitive Bid Process, Plus Accessories Totaling$9,000,And Appropriating Funds. Motion (Keil/McClure) Approve Resolution 2016-028 Long said this vehicle and the one on the next resolution had been contemplated in the 2016/2017 budget to come from the MRRF fund rather than the Motor Pool budget purposefully in order to allow the Motor Pool fund to be used for large vehicle purchases. City of Seward,Alaska City Council Minutes March 29, 2016 Volume 40, Page In response to Long, Casey said trading in this vehicle was not an option. Squires appreciated having photographs to reference. In response to Squires, Casey said Public Works would salvage and use any accessories on the old vehicle. Motion Passed Unanimous Resolution 2016-029,Authorizing The Purchase Of A Ford F-250 From Cal Worthington Ford For A Price Of$30,404 To Replace Unit#158,Utilizing The State's Competitive Bid Process, Plus Accessories Totaling$2,500,And Appropriating Funds. Motion (Keil/McClure) Approve Resolution 2016-029 Bardarson expressed a concern that the MRRF fund was being used to fund vehicles because the intention of the MRRF fund was for capital improvement projects. Bardarson said although she had been reminded that this had been approved in the budget, she still had a concern. Casagranda concurred with Bardarson and said her concern was strong enough that she could not support this resolution,regardless of what council had agreed to previously. Squires recalled this item during the budget discussions,and thought that the funds could be replaced into the MRRF fund in the future. McClure felt strongly that council had previously approved this during the budget and felt council should stick to it. Motion Passed Yes: Squires, McClure, Keil, Altermatt, Bardarson No: Casagranda Other New Business Items—None INFORMATIONAL ITEMS AND REPORTS Financial Reports for the City of Seward and Providence Medical and Care Center through December, 2015. COUNCIL COMMENTS Squires thanked Tim McDonald for his service on CIAA. Squires was concerned with additional delays in the paving project. Squires also expressed concerns about Senate Bill 208/209. He requested administration produce a grant spreadsheet to show grant applications pending and the relative timing/deadlines. McClure thanked Tim McDonald for his service and encouraged the public to apply for the vacant CIAA seat. McClure recalled living through the March 27, 1964 earthquake and tsunami (P1 City of Seward,Alaska City Council Minutes March 29, 2016 Volume 40, Page event, and said she was especially concerned about the camping/RV areas at Waterfront Park and what the plan was to evacuate. April 7,2016 would be the first showing of the play Peter Pan; she encouraged everyone to attend one of the seven performances. Casagranda also thanked Tim McDonald for serving on CIAA, as well as remaining involved in the community. She thanked PARKS for the presentation,and noted that our community was special.Casagranda had attended the Democratic Caucus last Saturday and had observed lots of young people in attendance; over 100 people attended. Altermatt thanked Brandii Holmdahl for hosting Rotary today at Icicle Fisheries. She thanked PARKS for the presentation. Altermatt recalled the support the community had demonstrated for the Seward Mariners Memorial, and encouraged people to continue helping throughout the community. The Great Alaska Sportsman Show would be in Anchorage and she encouraged people to attend. Hunt thanked the City Clerk's office for assisting Representative Chenault's office with the Town Hall Meeting last Saturday. Long thanked Tim McDonald for his service on CIAA.Long encouraged people to help with the gardening at the Seward Mariners Memorial;if people could spare 10 or 15 minutes,it would be very helpful. Bardarson thanked Tim McDonald and encouraged people to apply for the vacant CIAA seat. Bardarson said the Planning and Zoning Commission had one seat open. She added that the PARKS group had set the"Gold Standard"for what a community could achieve when they worked together. Tomorrow would be the annual Chill It's A Drill community exercise. CITIZEN COMMENTS—None COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS—None ADJOURNMENT The meeting was adjourned at 8:01 p.m. Johanna Kinney, CMC Jean Bardarson City Clerk Mayor (City Seal) n City of Seward,Alaska City Council Minutes April 11, 2016 Volume 40, Page CALL TO ORDER The April 11,2016 regular meeting of the Seward City Council was called to order at 7:00 p.m. by City Council Member Ristine Casagranda. OPENING CEREMONY Police Chief and Acting City Manager Tom Clemons led the Pledge of Allegiance to the flag. ROLL CALL There were present: Ristine Casagranda presiding and Dave Squires Sue McClure Deborah Altermatt 5 . comprising a quorum of the Council; and Tom Clemons, Acting City Man Johanna Kinney, City Clerk Absent—Butts,Keil, and Bardarson CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Jon Sewall was inspired to come down and say how pleased he was with the department heads within the city. He specifically praised Public Works Director W.C. Casey, noting Casey would always take care of issues and concerns of the city. Sewall attributed a lot of these great qualities from promoting from within and encouraged the city to consider that when hiring in the future.He wished Casey the best in his upcoming retirement. • Bob Linville spoke on the issue of bringing a crane to the harbor and wanted to make sure it was still a priority.He asked what became of the last Port and Commerce Advisory Board resolution in October of 2015,which recommended council commit to purchasing a five ton crane on I Dock. Linville said the board worked hard on these resolutions and there had been much public testimony on this issue.He emphasized having a crane would provide a service needed in Seward and filled a public safety need. Robert Gardner addressed the issue of the citizens of Seward subsidizing utility costs for businesses.He did not agree with this concept as many residents had a hard enough time paying their own utility bills. He had seen his own utility bill escalate over the years and didn't see how subsidizing businesses made any sense. City of Seward,Alaska City Council Minutes April 11, 2016 Volume 40, Page APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Squires/Altermatt) Approval of Agenda and Consent Agenda Squires requested the recognition of the Seward Volunteer Fire Department Awards be moved to the next meeting. Motion Passed Unanimous The clerk read the following approved consent agenda items: Resolution 2016-030,Adopting The Port And Commerce Advisory Board(PACAB)Priorities From March 2016 to April 2017. Approval of the March 14, 2016 Regular City Council Meeting Minutes. Non-objection to the renewal application of a Restaurant/Eating Place - Seasonal Liquor License#3021 for Alaska Seafood Grill. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards Seward Volunteer Fire Department Awards. (moved to the April 25, 2016 meeting) National Public Safety Telecommunicators Week. Recognition of Seavey Family. City Manager's Report.Acting City Manager Tom Clemons gave a brief report on behalf of the City Manager. There was one purchase order between $10,000 and $50,000 since the last council meeting: $35,692.56 from the Roads and Streets Department to Metco for sand and delivery to sand shed. Clemons reported that the City of Seward was requesting proposals from qualified proposers to provide transportation services to cruise ship passengers and other visitors for the 2016 and 2017 summer seasons. He listed the scoring criteria to be used for this request for proposal: Age, condition, quality and appearance of coaches: 20% Customer Service: 20% Safety Record: 20% Seating capacity and ADA accessibility: 10% Cost: 30% Total: 100% 11— City of Sewant Alaska City Council Minutes April 11, 2016 Volume 40, Page Clemons added that the Seward Police Department recently made an arrest after a successful police investigation that took about$20,000 of drugs of the streets. Other Reports,Announcements and Presentations Seward Planning and Zoning Commission Quarterly Report. Commissioner Martha Fleming stated there were two vacancies on the commission. The commission was busy with working on replatting city lots. Currently there were more than25 building permits filed with the city, which was more than usual for this time of year. The commission met twice a month and Fleming complimented Planner Donna Glenz and the Community Development Department for their efforts to help people to develop their properties as soon as possible PUBLIC HEARINGS—None UNFINISHED BUSINESS—None NEW BUSINESS—None AA Other New Business Items INFORMATIONAL ITEMS AND REPORTS —None COUNCIL COMMENTS Squires asked to suspend the rules to speak with Mr. Gardner and Electric Utility Director John Foutz regarding Mr. Gardner's citizen comments about subsidizing electric utilities. There was no objection from council and they went off the rules.Squires asked Foutz to explain the handout Mr. Gardner brought this evening.Electric Utility Director John Foutz explained the letter was mailed to all utility customers this winter to inform them of the seasonal electric rate change that was approved by council. He reminded council and the public that electric rates would be reduced in the winter time and increased in the summer time.The net effect was zero to everyone,so it was not subsidization but an attempt to give assistance to year round utility customers. Foutz did clarify that there were currently two businesses being subsidized—Icicle Seafoods and the Alaska SeaLife Center, which was also approved by council. Council and administration had an eventual goal to take away those subsidies,but over several years to allow the businesses time to financially prepare for this larger cost. Squires thought the purchase of a crane was still a council priority,but at this point they were still determining how to pay for it. McClure congratulated the Seaveys on their accomplishments. She was proud of the whole family and it was neat to watch them. She was happy to say flooding on Second Avenue was ceasing due to joint efforts of the Seward Bear Creek Flood Service Area Board and the Public Works Department. She thanked the citizens who brought this issue up and was happy the culverts were 13 City of Seward,Alaska City Council Minutes April 11, 2016 Volume 40, Page flowing well now.The annual permitting day was coming up this week and the Borough Assembly would be in town next week for their annual meeting in Seward. Altermatt congratulated the Seaveys; she had some background in mushing so it was pleasing to her that Seward placed an importance on mushing.She noted Bardarson,Keil,Hunt,and Long were all traveling on city business,so the dais was thin tonight. One thing that was occurring on this city trip was Bardarson and Keil would be looking at fishermen's terminals in Seattle and specifically at cranes.She agreed with Squires it was not off council's radar to address this issue and reminded Linville funding still needed to be determined,but it was still very much a council priority. Casagranda said there was a community production of Peter Pan happening this week put on by Seward's Port City Players with a full orchestra.It was a wonderful production and encouraged the public to attend as it was a great way to support the community and the local arts. She stated she was still in support of a crane in the harbor and not at SMIC, but added the city was in a deficit and looking for money for many things. It was still a priority, as she understood it. Casagranda thanked the Seaveys for supporting Seward. She was sorry she was not at the meeting where they discussed the council travel to Washington, D.C. and Seattle, but thought it was overkill to have the Mayor, Vice Mayor,City Manager and Assistant City Manager traveling.In the future she hoped they could be more mindful of this. CITIZEN COMMENTS . Bob Linville appreciated the support given by council tonight. He was hoping they could separate the project out to design at this point and perhaps draw funds from the fish tax. Linville feared this project would be forgotten. He worked very hard to garner interest from the fishing community and wanted to keep the momentum going. Jackie Wilde announced the date and times of permit day and also announced an upcoming open house for the Seward Airport Improvement Project. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS—None ADJOURNMENT The meeting was adjourned at 7:41 p.m. Johanna Kinney, CMC Ristine Casagranda City Clerk Council Member (City Seal) r1 � City of Seward,Alaska City Council Minutes April25, 2016 Volume 40, Page CALL TO ORDER The April 25,2016 regular meeting of the Seward City Council was called to order at 7:00*. p.m. by Mayor Jean Bardarson. OPENING CEREMONY Lieutenant Doreen Valadez led the Pledge of Allegiance to the flag. ROLL CALL There were present: Jean Bardarson presiding and Marianna Keil Ristine Casagranda Dave Squires Dale Butts u ._ Sue McClure Deborah Altermatt comprising a quorum of the Council; . • Jim Hunt, City Manager Johanna Kinney, City Clerk Absent—None CITIZEN COMME > S N UBJECT L EPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING Christy Terry thanked retiring employees Shari Adelmann and W.C. Casey for all of their hard work for the city and their support over the years with the Alaska Railroad Corporation. She noted city employee Kari Atwood was also retiring and she had always been a great help to the railroad as well.The first cruise ship of the season would be in port tomorrow.Terry introduced new Assistant Port Manager Lynn Hettick to the council and stated she was happy to have Hettick with the Alaska Railroad. Jess Sweatt said he was applying for the City of Seward seat on the Board of Directors for the Cook Inlet Aquaculture Association (CIAA). He was born and raised in Seward and enjoyed living here.He commercial fished most of his life and was now semi-retired so he had time to serve on the board. Sweatt stated he would like to improve recreational fishing on this side of Cook Inlet, such as enhancing the king salmon fisheries. John French said he was the other applicant for the CIAA position.He'd previously served 13 years on this board and applied this time to ensure the city had a qualified candidate.French was unaware Sweatt had also applied,so French requested his name be withdrawn or requested council vote for Sweatt. City of Seward,Alaska City Council Minutes April25, 2016 Volume 40, Page APPROVAL OF AGENDA AND CONSENT AGENDA Motion (Casagranda/McClure) Approval of Agenda and Consent Agenda Bardarson moved item 6E1, Washington, D.C. and Seattle, Washington Travel Report by Mayor Bardarson and Vice Mayor Keil, up to item 6B and re-ordered the agenda items accordingly. Bardarson added the following item under Other Reports and Presentations: Presentation by the Prince William Sound Regional Citizens'Advisory Council regarding changes to the Alaska Unified Plan for Oil Spill Response. Motion Passed Unanimous The clerk read the following approved consent agenda items: Ordinance 2016-001, Amending The Land Use Plan And The Zoning Designation Of City Owned Lot 11A-2, Fort Raymond Subdivision, Replat No.4, (Replat Pending), Located At Approximately 2200 Dimond Boulevard, From Park(P) To Multi-Family (R-3). (Introduced and set for public hearing and enactment May 9, 2016) Resolution 2016-032,Adopting The Planning And Zoning Commission Priorities From April 2016 To April 2017. Approval of Restaurant Designation Permit Endorsement on Existing Liquor License#177 for Breeze Inn. SPECIAL ORDERS, PRESENTATIONS AND REPORTS Proclamations & Awards Seward Volunteer Fire Department Awards. Recognition of retiring staff Shareen Adelmann and Steven Audette. Recognition of retiring Public Works Director W.C. Casey. Washington, D.C. and Seattle, Washington Travel Report by Mayor Bardarson and Vice Mayor Keil. Chamber of Commerce Report. Cindy Clock reported the last of the spring sports and recreation shows were behind the chamber. The Seward Migration Festival last weekend was a success. The chamber was ready and excited to greet the cruise ship passengers on the Crystal Serenity tomorrow. The Seward Business Network Group had an idea of member volunteers joining chamber staff to help greet the cruise ship passengers this year,which they were going to try. The chamber was gearing up for the Mount Marathon Race this year. There was a record 9C City ofSewarc,Alaska City Council Minutes Apri125, 2016 Volume 40, Page number of lottery applicants this year,the race was growing and growing.It was the 89th year this year. The Seattle partners visit was a critical piece in their marketing strategy and Clock stated Seward should be proud of the group that represented the community each year. Borough Assembly Report. Brandii Holmdahl was not present. City Manager's Report. Jim Hunt reported there were no purchases authorized by him between $10,000 and $50,000 since the last meeting. He attended the Alaska Department of Transportation Seward Airport focus group meeting last week and was not pleased with most of the solutions presented. He was primarily concerned that the river and mitigation weren't addressed at all. Hunt stated he had been working with Seward's lobbyists and legislators to secure unused earmark federal funds to further assist with paving Seward's roads.Dedicating these funds to Seward would be going before the state finance committe jt n. It wasn't guaranteed, but Hunt said this looked very promising for Seward. Electric Utility Manager John Foutz informed the council that there was an erosion issue near the transmission line by Snow River. Foutz passed out photographs showing the river had changed directions and was undermining one of their structures and putting other structures at risk. This was considered an emergency,so Foutz was planning to work with an engineer recommended by the borough to do this work.Permits from Alaska Department of Transportation,Fish and Game, and the borough would be needed, so Foutz would be utilizing a permitting specialist. There were grant funding opportunities for this repair that the city would be seeking. McClure said there was some confusion about the city's status of how they would be allowing commercial marijuana operations in Seward. She said there was some miscommunication that Planning and Zoning may be working on this issue and asked for clarification. Hunt believed administration would be preparing legislation to bring forward to the council. In response to Squires, Hunt elaborated on the borough dispatch consolidation meeting he recently attended. The meeting addressed some of the issues that may occur if there were centrally based dispatch offices in Soldotna for the entire peninsula. There were a lot of factors and reasons why this wasn't a good idea for Seward,but Hunt said it was worth looking at figuring those reasons out.The city submitted a list of Seward's concerns and added there were still a lot of unknowns out there. Acting Harbormaster Matt Chase reported the harbor's projects were going very well and should be completed by the end of the month.He added it was exciting to see these projects all come together. Other Reports,Announcements and Presentations Presentation by Prince William Sound Regional Citizens' Advisory Council (PWSRCAC) regarding proposed changes to the Alaska Unified Plan for oil spill response. City of Seward Representative Orson Smith gave a brief PWSRCAC report to the council,noting the City of Seward,Alaska City Council Minutes April25,2016 Volume 40, Page council had a new Executive Director and it had been a busy time for oil spill prevention.He stated Alyeska put on the annual Ship Escort/Response Vessel System (SERVS) training last week in Seward. He introduced PWSRCAC Outreach Coordinator Lisa Matlock to discuss the proposed changes to the Alaska Unified Plan.Matlock stated the changes by the State of Alaska would likely diminish the City of Seward's involvement in oil spill response.She handed out a fact sheet showing the differences.The state also had a public comment period which would be ending April 29,2016; Matlock opposed the short comment period and noted other communities had issued letters of opposition to the plan and also requested a longer,more adequate comment period.Council directed the City Manager to submit a letter by Friday opposing these proposed changes and also requesting an extension to the public comment period beyond April 29,2016. PUBLIC HEARINGS Resolutions Requiring Public HearingKee Resolution 2016-031, Amending The Wharfage Rate In The Port & Ha ,,Tariff And Providing For Automatic Biennial Adjustments To Wharfage Rates By An Ami ' nt Equal To The Five Previous Full Years'Average Increase In The Anchorage Consumer Price Index For All Urban Consumers. Motion (Keil/Casagranda) Approve Resolution 2016-031 Hunt said the city was recommending biennial adjustments on the wharfage rates based on the Consumer Price Index(CPI).The wharfage rates had not changed since 2007.This incremental increase was to avoid future large wharfage rate increases. Hunt listed the changes to the wharfage rates as listed in the p t ed tariff, Notice of the public hearing being posted and published as required by law was noted and the public hearing was opened. No appeared to address the Council and the public hearing was closed Butts asked if this would ha E detrimental effect to ports with lower fees. Hunt felt wharfage wasn't a very competitive fac or. Altermatt wanted to know about the biennial increase,why every two years?Chase believed it was intended to coincide with the budget. Altermatt stated all other rates increased on an annual basis. Motion to Amend (Casagranda/Squires) Amend Resolution 2016-031 by striking the words "biennial" and "biennially" and replace with "annual" and "annually" respectively in the title, 6th Whereas, and Section 2. Motion to Amend Failed Yes: Casagranda,Butts,Altermatt No: Squires,McClure,Keil,Bardarson � g City of Seward, Alaska City Council Minutes April 25, 2016 Volume 40, Page Main Motion Passed Unanimous UNFINISHED BUSINESS—None NEW BUSINESS Resolution 2016-033, Authorizing Pursuit Of Grant Funds From the Alaska Department of Fish and Game To Replace The South Harbor Launch Ramp, Authorizing $387,363.68 Toward The City's 25% Match, And Appropriating Funds. Motion (Keil/Casagranda) Approve Resolution 2016-033 Hunt said this was a critical project in the harbor.The harbor previously depleted the Harbor Major Repair and Replacement Fund(MRRF)in order to finish the almost-completed A,B,C,and S Float Replacement Project. This project came under budget, and some funds were returned to the MRRF.The South Harbor Launch Ramp was determined back in 2011 to be in need of replacement and the grant was an opportunity the city wanted to pursue because it that would likely not be around in the future. This committed the city to apply for a grant and, in the process, show the city's commitment of matching funds. In response to Butts,Hunt stated the entire South Harbor Launch Ramp area would be rebuilt, as in a complete tear out and replacement. Squires wanted to know the total cost of the project. Bardarson had been told they were looking at possibly$1.4 million, but the city wouldn't know the exact cost until the engineering of the project was completed and this approval needed to happen in order for the engineering to be conducted. Motion Passed Unanimous Resolution 2016-034,Contracting With First Student For Operation Of The Seasonal Seward Shuttle Bus Service, In An Amount Not To Exceed $269,150, And Appropriating Funds. Motion (KeiLiCasagranda) Approve Resolution 2016-034 Hunt said the city had been contracting this service since 2010. It was funded by the state's Commercial Passenger Vessel Excise Tax receipts,referred to as the cruise ship tax. Staff went out for Request For Proposals for this service. First Student was the sole proposer and staff found them to be responsive and recommended award of the contract. Squires asked Police Lieutenant Doreen Valadez if busses were exempt from having seat belts; she confirmed that to be the case. Butts wondered if they could incorporate hiring local drivers in the contract. Hunt would inquire about that. n � City of Seward,Alaska City Council Minutes April 25, 2016 Volume 40, Page Motion Passed Unanimous Other New Business Items Appoint Jess Sweatt or John French as the City of Seward Representative to the Cook Inlet Aquaculture Association Board of Directors,with a term expiring May,2019.By a unanimous ballot vote,council appointed Jess Sweatt. INFORMATIONAL ITEMS AND REPORTS Annual Financial Disclosure Statement Submission Report. City of Seward and Seward Providence Medical a ' ' `are Center Finit , Reports through iTAt February, 2016 COUNCIL COMMENTS 3..- Keil thanked Adelmann,Audette,and Casey for their many years of service to the city. She hoped they enjoyed their retirement. When they went to Seattle and Washington, D.C., she noted they heard very positive things about Seward. She saw online that Smithsonian Magazine listed Seward as the number one small town in America to visit. She hoped everyone would keep this positivity moving forward. Squires congratulated Adelmann, Audette, and Casey on their retirement. He also congratulated the winners of the Fire Fighter awards acknowledged tonight. He attended the state open house on the Seward Airport and was disappointed with Alaska Department of Transportation's (ADOT) participation and answers to inquiries. He thought the city needed to be more concerned about what happened to their airport. He disagreed with some of ADOT's proposed solutions to repair the airport. He wished the Harbormaster a speedy recovery. McClure went to the ADOT airport meeting as well and was struck that it was presented that the amount of use an airport received determined the amount of funds it received. She thought that was a catch-22 situation since the airport wasn't getting as much use because it needed repairs.The public needed to be made aware of this issue. She congratulated the retirees and encouraged they volunteer in the community. The Kenai Peninsula Borough Assembly met last week in Seward and the assembly all praised The Cookery for a great dinner in their assembly comments, which aired over the radio all over the peninsula. McClure invited everyone to attend the Community Choir Concert on May 5,2016. Casagranda said it appeared the audit was completed and she was excited to see how it went this year. The Seward City Flag Committee would be meeting on April 30, 2016 to judge the submitted designs.The recent Peter Pan production was a raving success for the community.On May 6,2016 there would be a local talent show at the high school which was another way to support the arts.Casagranda thanked the retirees for their long time commitment and also to Kari Atwood for her go City of Seward,Alaska City Council Minutes April 25, 2016 Volume 40, Page time with the city. It was spring time and the children were out in the streets so she asked the public to please be careful when driving. Butts congratulated and thanked Adelmann,Audette,and Casey for their many years to the city. He noted the next weekend was the annual Pink Cheeks Triathlon Race, so he encouraged the public to please be careful when driving and also to consider volunteering for the event. It was nice to see people walking around picking up trash around town. Altermatt thanked and congratulated the three retirees recognized tonight as well as Kari Atwood. She thanked the harbor for all their hard work in preparing the agenda items tonight. Altermatt enjoyed having the assembly here last week and it was nice to sit with them and network a bit. She thanked the Public Works Department for their culvert repair work on Second Avenue last week. She was happy to have a full council tonight. It was good to have them all here and working together. Altermatt asked Bardarson if council could please get a copy of the Washington, D.C. report read tonight by Bardarson, as it contained good information. Bardarson thanked Casey, Adelmann, Audette, and Atwood for their service to the city. There were two vacant spots on the Planning and Zoning Commission. She thanked the Police Department on their recent successful, large drug arrest. Bardarson also thanked those who have been cleaning up around town. Hunt gave many thanks for the service given by Casey,Adelmann, Audette, and Atwood. That was a lot of institutional knowledge leaving the city, and he was thankful they were staying in Seward. CITIZEN COMMENTS John French commented on the discussion with the PWSRCAC tonight. The timing for public comments to the proposed changes was critical. French felt the proposed changes by the state were being justified by streamlining planning, but that it was taking away from the transparency of the process and the stakeholders' place in the process. There was a perception that the incident command system needed to be streamlined. This was being introduced as an amendment to the unified plan,but the process in the interim had to allow for public comment as required by the state, and they were choosing to use the minimum amount of time. Sarah Aslam of the Seward Journal said she ran into several people at a recent conference she attended who stated they really enjoyed Seward. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS Butts asked French if he planned to comment on the proposed changed to oil spill response. French said he likely would. ADJOURNMENT The meeting was adjourned at 9:20 p.m. f » ? C ulMntO« fa£Vlume4,rdAmka MJanaoSardgs2O«oSew76 212Ar ,Jh�aKieCMC City Clerk «(city Seal) , 47 �\ 4-,l,„,-, . � • ��� .. • ~ » {% \ : & } % 44 / 2 < <a el' 4411 1J zit*, C 4j4- b. April 27,2016 Jade Gamble Alaska Department of Environmental Conservation 43335 Kalifornsky Beach Road, Suite 11, Soldotna,AK 99669 decsparplanning@alaska.gov SUBJECT: Update to Annex B of the Alaska Federal/State Preparedness Plan for Response to Oil & Hazardous Substance Discharges/Releases(Unified Plan) Dear Ms.Gamble: The City of Seward was notified just days ago of the nearly closed thirty-day comment period. As a stakeholder in this process,our ability to gather input from responders,regional businesses, and citizens regarding the proposed change was severely limited by the lack of communication. We are formally requesting the comment period be extended. In light of the looming deadline,the City of Seward informs you of its opposition to the "Proposed Process for Community Outreach--Unified Plan Update March 2016"which was posted on the Alaska Department of Environmental Conservation's public notice website on March 25,2016. The proposed update to Annex B of the Unified Plan eliminates the Regional Stakeholder Committee(RSC)and proposes to replace it with a much less efficient and less effective process. There are no gains in this proposal,only losses. We request the proposed amendment be withdrawn and the existing Regional Stakeholder Committee process be retained. The proposal to replace the Regional Stakeholder Committee with stakeholder groups who will have less access to the Unified Command decision making process, less access to information, and reduced access to provide technical,operational and scientific expertise does not improve response effectiveness. The current structure of the Unified Command provides communities the opportunity to have a seat and voice on the Regional Stakeholder Committee. This seat provides us direct access to complete information regarding the spill and how it will be managed via the Responsible Party's Incident Action Plan as well as the JIC's information as it is developed. The current plan also Page 1 of 2 83 provides a mechanism for direct answers to questions posed by the Regional Stakeholder Committee. The proposed changes would limit our access to Command and limit our ability to provide input. Information is critical for the Regional Stakeholders to carry out their duties and responsibilities. The proposition appears to separate Regional Stakeholders,Advisory Councils,Tribal entities and local governments. The decrease in representation would nearly eliminate expert experience and local knowledge that is critical for any response plan to succeed. Further,the proposed forming of an Affected Stakeholders Group would segregate entities and reduce communication and limit our voice in a response action. It appears the proposal would limit Tribal and local government's access to the Incident Action Plan,and only those deemed "pertinent"by the Liaison Officer would be provided parts and there is no direct mention of the complete IAP being shared with Stakeholders. Stakeholders who may be potentially affected deserve to know what is planned when a spill or incident occurs in their region. It is our firm belief that based on experience,that more collaboration is needed, not less by proposing centralization of the information/communication process. Because of the reasons stated above, the City of Seward does not support the proposed amendments to Annex B of the Unified Plan. Rather, we respectfully request that the Regional Stakeholders Committee as currently described in the Unified Plan that has been in place for over a decade, remain in place. Sincerely. Jim Hunt City Manager, Seward, Alaska Jhunt@eityofseward.net Page 2 of 2 •4814 Johanna Kinney From: Jim Hunt Sent: Friday, April 29, 2016 5:36 PM To: Jean Bardarson;Johanna Kinney; Marianna Keil; Ron Long Subject: Fwd: DEADLINE EXTENTION - Update to Portions of Annex B of the Alaska Federal/State Preparedness Plan for Response to Oil & Hazardous Substance Discharges/Releases (Unified Plan) Begin forwarded message: From: "Gamble,Jade D (DEC)" <jade.gamble@alaska.gov> Date:April 29, 2016 at 5:00:04 PM AKDT Cc: "Ryan, Kristin J (DEC)" <kristin.ryan@alaska.gov>, "Russell, Steve A(DEC)" <steven.russell@alaska.gov>, "Fishwick, Claire (DEC)"<claire.fishwick@alaska.gov>, "Hartig, Lawrence L (DEC)" <larry.hartig@alaska.g_ov>, "Wood, Graham M (DEC)" <graham.wood@alaska.gov> Subject: DEADLINE EXTENTION -Update to Portions of Annex B of the Alaska Federal/State Preparedness Plan for Response to Oil &Hazardous Substance Discharges/Releases (Unified Plan) Thank you for providing comments to the proposal to update the portions of Annex B specifically related to the Regional Stakeholder Committee process. To help facilitate further public discussion and input on this proposal the deadline for submitting comments has been extended to the close of business May 31, 2016. If you have already submitted comments, those comments will become part of the official record; however, you may provide additional comments if you chose. To better inform the public on the proposal and help target comments, ADEC is developing a Fact Sheet to clarify the proposed changes. This Fact Sheet will be made available on the Public Notice website early next week. The extension notice has been posted on ADEC's website https://aws.stote.ak.us/OnlinePublicNotices/Notices/View.aspx-eid=181308 Jade Gamble, Interagency Coordinator Alaska Department of Environmental Conservation Spill Prevention and Response 907-262-3421 Spam Phish/Fraud Not spam Forget previous vote 105 2016 May 2016MayeTh June2016 Surto TuWe Th Fr Sa Su Mo TuWe Th Fr Sa 1 2 3 4 5 6 7 1 2 3 4 8 9 10 11 12 13 14 5 6 7 8 9 10 11 15 16 17 18 19 20 21 12 13 14 15 16 17 18 22 23 24 25 26 27 28 19 20 21 22 23 24 25 29 30 31 26 27 28 29 30 Sun Mon Tue Wed Thu Fri Sat May l 2 3 4 5 6 17 6:00pm 7:00pm P&Z WS(City Annex Building) 7:00pm 10:30p m P&Z Mtg (City Annex Building) 8 10 11 12 13 14 7:00pm 10:30p m CC Mtg 00 15 16 17 1800 21 CSA-) 6:00pm 9:30pm 12:00pm 2:OOp 1 6:00pm 9:30pm 9:00am 12:00p P&Z WS m PACAB CC WS m HP WS Work Session (Seward (HP Plan) 6:30pm 10:30p Community m HP Mtg& Library) WS(HP Plan) Q�l�ort. 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