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2013-08-01 Regular Meeting Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, August 1 , 2013, 7:30 p.m., Assembly Chambers 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non-controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 5. APPROVAL OF MINUTES A. * Regular Meeting Minutes of July 2, 2013. 6. AWARDS AND PRESENTATIONS 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No. FY2014-04 Rezoning the Remainder Portion of the KIB Landfill Tract And Lot 2 Sawmill Subdivision From a Combination of C-Conservation and PL-Public Use Lands To Natural Use (Case No. 13-027, Landfill). B. Ordinance No. FY2014-05 Rezoning a Portion of Lot 1 United States Survey 2539 From C-Conservation To RR1-Rural Residential One Zoning District (P&Z Case No. 13-028, Kodiak Island Borough). C. Ordinance No. FY2014-06 Rezoning Tract A Marine Center Subdivision From RB- Retail Business Zoning District To B-Business Zoning District (Case No. 13-029, Marine Center). D. Ordinance No. FY2014-01A Amending Ordinance No. FY2014-01 by Amending Budgets to Provide for Various Additional Expenditures and to Budget for a Coastal Impact Assistance Program (CIAP) Grant. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (855) 492-9202 and Local 486-3231. Page 1 of 2 13. NEW BUSINESS A. Contracts 1. Contract No. FY2014-03 Providence Kodiak Island Counseling Center Services to Kodiak Island Borough School District for School Year 2013- 2014. 2. Contract No. FY2014-04 for Professional Land Surveying Services to Complete Boundary Survey for ASLS 2012-59. 3. Contract No. FY2014-05 Approval of Agreements to Various Artists for the Kodiak High School Addition and Renovation Art in Public Areas Project. 4. Approval of Amendment #4 to Contract No. FY2011-21 for the Kodiak High School Addition and Renovation Project with Jensen Yorba Lott. B. Resolutions 1. Resolution No. FY2014-07 Authorizing the Manager to Execute a Sole Source Agreement with Integrated Logic, LLC of Palmer, Alaska to Provide and Implement Kodiak High School Information Technology Network Equipment. 2. Resolution No. FY2014-08 Approving Fiscal Year 2014 Kodiak Island Borough Non-Profit Funding. 3. Resolution No. FY2014-09 Requesting the Governor and Legislature to Develop a Long-Term Solution to Ensure Full and Uninterrupted Ferry Service to Kodiak. C. Ordinances for Introduction — None. D. Other Items 1. *Declaring a Seat on the Architectural/Engineering Review Board Vacant (Mike Brechan). 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 1. Architectural/Engineering Review Board Regular Meetings of February 7 and March 26, 2013. 2. Planning and Zoning Commission Regular Meeting of May 15, 2013. B. Reports 1. Kodiak Island Borough School District Board of Education June 17, 2013 Special Meeting Summary and July 8, 2013 Special Meeting Summary. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (855)492-9202 and Local 486-3231. Page 2 of 2 KODIAK ISLAND BOROUGH Assembly Regular Meeting July 2, 2013 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, July 2, 2013, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Sergeant Major Dave Blacketer of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Carol Austerman, Tuck Bonney, Aaron Griffin, Chris Lynch, Mel Stephens, and Louise Stutes. Staff members present were Administrative Official Bill Roberts, Community Development Director Bob Pederson, Engineering and Facilities Department Maintenance Coordinator Bob Tucker, Clerk Nova Javier, and Deputy Clerk Jessica Kilborn. GRIFFIN moved to excuse Assembly member Kaplan who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA BONNEY moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. AWARDS AND PRESENTATIONS None. CITIZENS' COMMENTS George Gatter, Andy Lundquist, Gary Lester, Willy Bethea, David Hardy, and Janet Wente spoke in opposition of Ordinance No. FY2014-03. Emily Guvier and Betty MacTavish spoke in support of Ordinance No. FY2014-03. COMMITTEE REPORTS None. PUBLIC HEARING 1. State of Alaska Alcoholic Beverage Control Board New Liquor License Application for the Package Store at the Olds River Inn (Licensee/Applicant: Circle B LLC). AUSTERMAN moved to voice non-protest to the State of Alaska Alcoholic Beverage Control Board for a New Liquor License application for the package store at the Olds River Inn (Licensee/Applicant: Circle B LLC). Kodiak Island Borough Assembly Minutes July 2, 2013 Page 1 The application was for a new package store liquor license for the Circle B LLC, DBA Olds River Inn. The Clerk's office followed the procedures in KIBC 5.01.030 New license and transfer procedure when processing the liquor license. Fifty-three public hearing notices were mailed and one response was received in support of the liquor license. Mayor Selby opened the public hearing. George Gatter spoke in support of the new liquor license application for the package store at the Olds River Inn. Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Griffin, Lynch, Stephens, and Stutes. 2. Ordinance No. FY2014-02 Rezoning Lot 21 Seaview Subdivision From B-Business Zoning District To I-Industrial Zoning District (P&Z Case No. 13-020 Lash Corporation). BONNEY moved to adopt Ordinance No. FY2014-02. This property was rezoned from Industrial to Business in December 2004. Anticipated development opportunities with the Business zoning designation did not prove fruitful. The property owner now wished to return to the status quo and pursue development allowable under the Industrial designation. The adopted plan guidance and surrounding neighborhood indicated that the I-Industrial Zoning District was the most appropriate zoning district for development purposes. The Planning and Zoning Commission held a public hearing on March 20, 2013, on the request and found the request was consistent with the goals and objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. Fourteen public hearing notices were sent out and responses received by the Clerk's Office were submitted to the Assembly. Mayor Selby opened the public hearing. Andy Finke, Sid Pruitt, Peggy Smith, Joe Cornelias, and Janet Wente spoke in opposition of Ordinance No. FY2014-02. Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED FIVE TO TWO: Lynch, Stephens, Austerman, Selby, and Bonney (Ayes); Griffin and Stutes (Noes). A tie vote occurred and Mayor Selby voted in favor to break the tie. Clerk's Note: Assembly member Bonney changed his vote to the prevailing side. BOROUGH MANAGER'S REPORT (Administrative Official Roberts) Administrative Official Roberts introduced Mr. Bob Pederson, the Borough's new Community Development Director. Kodiak Island Borough Assembly Minutes July 2, 2013 Page 2 MESSAGES FROM THE BOROUGH MAYOR Mayor Selby wished everyone a safe 4111 of July holiday. UNFINISHED BUSINESS 1. Contract No. FY2013-34 Road Maintenance and Repairs, Snow Removal and Sanding for Service Area No. 1. The motion before the Assembly from the last meeting was to: Authorize the Manager to execute Contract No. FY2013-34 with AIM Maintenance of Kodiak, Alaska for Road Service Maintenance and Repairs, and Snow Removal and Sanding for Service Area 1 for time and materials based on the bid scheduled for the period of July 1, 2013 to June 30, 2015. The Kodiak Island Borough Engineering/Facilities Department advertised the need for labor and equipment to provide road maintenance and repairs, and snow removal and sanding for Service Area No.1 (SA1). Sealed bids were received and opened on May 17, 2013. Four bids were received from Golden Alaska, Brechan Enterprises, B&R Fish, and AIM Maintenance. The bids were submitted with price quotes for individual pieces of equipment to be used on the projects provided. A bid schedule was provided for review. In accordance with KIBC 3.30.080 Lowest responsible bidder Borough staff recommended rejection of the lowest bidder, AIM Maintenance, based on the lack of road construction experience, resulting in B&R Fish as the lowest responsible bidder. The bids were provided to the SA1 Board, along with staffs recommendation for review and recommendation. At the time, the SA1 Board recommended AIM Maintenance for all the service area work. The staffs recommendation was to award the contract to B&R Fish. A letter from the Board was provided for the Assembly's consideration. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, Lynch, Stephens, Stutes, Austerman, and Bonney. NEW BUSINESS Contracts 1. Contract No. FY2014-01 Contract Between the Kodiak Island Borough and the Kodiak Chamber of Commerce of Kodiak, AK for the Economic Planning and Project Development Within the Kodiak Island Borough for FY2014. AUSTERMAN moved to authorize the manager to execute Contract No. FY2014-01 with Kodiak Chamber of Commerce of Kodiak, Alaska for Economic Development Planning and Project Development within the Kodiak Island Borough for FY2014 in the amount not to exceed $43,000. The Kodiak Island Borough had participated in a community-based economic development program operated by the Kodiak Chamber of Commerce for many years. Funding support from the Borough and the City of Kodiak would be used to provide an Economic Development Committee and staff in order to focus on economic development planning and project development in the Kodiak Region. Those who served on the Economic Development Committee were drawn from the Kodiak Island community with representatives from the City of Kodiak Island Borough Assembly Minutes July 2, 2013 Page 3 Kodiak, Kodiak Island Borough, Kodiak Island outlying communities, and the Kodiak Chamber of Commerce. The contract would renew this relationship for the 2014 fiscal year. The duties to be accomplished for this period were outlined in the agreement. A corrected copy of Contract No. FY2014-01 was provided to the Assembly. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stephens, Stutes, Austerman, Bonney, and Griffin. 2. Contract No. FY2014-02 Contract Between the Kodiak Island Borough and the Kodiak Island Convention and Visitors Bureau for Destination Marketing and Tourism Development Services for FY2014. STUTES moved to authorize the manager to execute Contract No. FY2014-02 with the Kodiak Island Convention and Visitors Bureau for Destination Marketing and Tourism Development Services for FY2014 in the amount not to exceed $75,000. The Kodiak Island Convention and Visitors Bureau (KICVB), also known as Discover Kodiak, had been providing destination marketing and tourism development for the Kodiak Island Borough for several years through its Marketing Committee. Funding support from the Borough and the City of Kodiak was used to support the KICVB. The Borough funded the KICVB from the Borough's bed tax revenue. The contract would renew this relationship for the 2014 fiscal year. The duties to be accomplished for this period were outlined in the agreement. A corrected copy of Contract No. FY2014-02 was provided to the Assembly. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Stutes, Austerman, Bonney, Griffin, and Lynch. 3. Change Order No. 7 to Contract No. FY2012-21 Landfill Expansion Phase II for the Purpose of Development of Adjacent Rock Source at the Phase II Site to Be Used as Future Cover Material or Other Rock Product for Landfill Operations. AUSTERMAN moved to authorize the Manager to execute Change Order No. 7 to Contract No. FY2012-21 Landfill Expansion Phase II with Brechan Enterprises, Inc. to develop rock source for future landfill cover material and other uses in an amount not to exceed $500,000. In the process of preparing the building pad for the waste water treatment plant, it became apparent that a viable future source of rock for "landfill cover" could be produced on-site by removing a hill of rock behind the location of the Treatment Plant. This made good sense as rock produced on site for operations was significantly cheaper than rock brought to the site. For this to happen, the blasting would need to be completed prior to the installation of the building foundation. Staff, together with the Contractor, formulated a work plan and pricing that would allow for the work to be accomplished with no impact to the Phase III project schedule. The work would be funded with existing reserves in the Landfill Enterprise fund. The Landfill Operations budget would reimburse the Enterprise fund when the rock was used at a considerable savings compared to all other options for procuring rock product. The change order would be paid on a unit cost basis per cubic yard in bank by survey when the work was complete. The "not to exceed" amount included contingency funds. Kodiak Island Borough Assembly Minutes July 2, 2013 Page 4 ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Stutes, Austerman, Bonney, Griffin, Lynch (Ayes); Stephens (No). 4. Contract No. FY2014-07 North Star Elementary Exterior Painting/Siding Replacement Project. BONNEY moved to authorize the Manager to execute Contract No. FY2014-07 with Wolverine Supply, Inc. of Wasilla, Alaska for the North Star Elementary Exterior Painting/Siding Replacement project in an amount not to exceed $197,713. The contract was for the North Star Elementary School Exterior Painting/Siding Replacement portion of the Borough Building and North Star Elementary Exterior Repairs project as shown in the construction documents prepared by Jensen Yorba Lott, Inc. The construction documents, bid documents, and associated addenda were available for review. The exterior of the school had been in need of painting for several years, and there were areas where the existing cement board siding was cracked and deteriorating. The work would include removal of the cement board siding on the entire northeast face of the exterior and replacement with polymer siding, selected siding repairs at other areas, and painting of the entire exterior. An Invitation to Bid was issued on May 28, 2013, and bids were opened on June 20, 2013. Two bids were received and staff determined that Wolverine Supply, Inc. was the lowest responsive bid by a responsible bidder. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Austerman, Bonney, Griffin, Lynch, Stephens, and Stutes. 5. Contract No. FY2014-08 Agnew Beck for Services Associated with the Zoning, Subdivision, and Land Management Code. GRIFFIN moved to authorize the Manager to Execute Contract No. FY2014-08 with Agnew::Beck Consulting, of Anchorage, AK for the completion of the Zoning, Subdivision, and Real Property Code Update in an amount not to exceed $38,000. The progress of the project to update the borough zoning, subdivision, and real property code had substantially slowed due to the departure of two Community Development Department staff members including the Project Manager. The contract with LSL Planning Consultants had also lapsed. The contract with Agnew::Beck of Anchorage, AK would pick up the project where it left off. The Consultant would shepherd the work recommended by the Project Advisory Committee (PAC) through the Planning and Zoning Commission and to the Assembly for action. Chris Beck of Agnew::Beck was familiar with the project having participated in the public engagement portion of the project. Mr. Beck worked well with the PAC and had appeared before the Commission. The Agnew::Beck contract would be performed on a time and materials basis with only the time spent on the project being paid for. Staff recommended approval of the contract. ROLL CALL VOTE ON MOTION CARRIED FOUR TO TWO: Bonney, Griffin, Lynch, and Austerman (Ayes); Stephens and Stutes (Noes). Kodiak Island Borough Assembly Minutes July 2, 2013 Page 5 6. Contract No. FY2014-09 Lease Agreement for Borough Copiers. BONNEY moved to authorize the Manager to execute Contract No. FY2014-09 with OfficeTech (Xerox) for a five-year lease of seven copiers in the amount not to exceed $67,250.40. The IT Department solicited proposals from qualified individuals and/or firms to provide multi- function copy machines to replace many of the Borough's outdated printers. Several departments would be receiving the new multi-function copiers and they would provide staff with the ability to digitally scan documents from their offices and reduce paperwork and streamline processes as those features had only been available in select locations in the Borough. Most of the Borough's current printers were past their support lifecycle. The new copiers would come with support for the life of the five-year leases. The Borough solicited proposals through an Request for Proposals process this spring and received six responses. OfficeTech, an Alaskan company which represented Xerox, was chosen based on price, features, service, and local support. The lease period was five-years (60 months) and covered supplies and service. The Borough would obtain seven copiers on the lease. The lease agreement pricing was taken from the pre-negotiated terms of the Western States Contracting Alliance (WSCA). ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Griffin, Lynch, Stephens, Stutes, Austerman, and Bonney. Resolutions 1. Resolution No. FY2014-04 Adopting the Comprehensive Economic Development Strategy (CEDS) 2013 as Written. This item was approved under the consent agenda. Kodiak Chamber of Commerce (KCC) was the recognized economic development organization on Kodiak Island and entered into a contract with the City of Kodiak and the Kodiak Island Borough to provide economic development planning and leadership for the Kodiak Island communities. KCC established an Economic Development Committee to develop and review a Comprehensive Economic Development Strategy which was the first step in the process of taking advantage of the many grant and assistance programs available through the U.S. Department of Commerce Economic Development Administration. KCC would assist the communities of Kodiak Island in the planning and development of the strategies and activities that those communities found were necessary to successfully engage in pursuing desired economic growth and business development which was compatible with local needs and lifestyles. In addition, KCC was also actively pursuing opportunities to work with other communities in the Southwest region and had worked cooperatively with the Southwest Alaska Municipal Conference. Ordinances for Introduction Kodiak Island Borough Assembly Minutes July 2, 2013 Page 6 1. Ordinance No. FY2014-03 Submitting the Question of the Adoption of a Secondhand Smoke Control Ordinance to the Voters of the Borough at the October 1, 2013 Regular Municipal Election. GRIFFIN moved to adopt Ordinance No. FY2014-03 in first reading to advance to public hearing at the next regular meeting of the Assembly. The ordinance was requested by Assembly members Bonney and Griffin. The purpose of the ordinance was to submit before the Kodiak Island Borough at the October 1, 2013, Regular Election the question: "Shall the Kodiak Island Borough adopt a secondhand smoke control ordinance?" If approved by the voters, the ordinance would become effective January 1, 2014, and the Borough code would be amended to add a new Chapter 8.50 Secondhand Smoke Control in Title 8 Health and Safety. The ordinance was reviewed by the Borough Attorney. KIBC 7.10.025 Propositions and questions stated that an ordinance placing propositions and questions before the voters must be adopted no later than 53 calendar days before a regular election. The last day to adopt such an ordinance would be Friday, August 9, 2013. ROLL CALL VOTE ON MOTION CARRIED FIVE TO ONE: Lynch, Stephens, Austerman, Bonney, and Griffin (Ayes); Stutes (No). Other Items 1. Confirmation of the Appointment to the Trawl Vessels Seat on the Kodiak Fisheries Advisory Committee (Kent Heligso). This item was approved under the consent agenda. On May 9, 2013, KFAC Facilitator Trevor Brown notified the Clerk's Office that Mr. Al Burch intended to resign from the Trawl Vessels seat on the Kodiak Fisheries Advisory Committee and recommended Mr. Kent Heligso be appointed to the vacant seat, as Mr. Heligso had been serving as Mr. Burch's alternate. On June 20, 2013, the Assembly declared vacant the Trawl Vessels seat on the Kodiak Fisheries Advisory Committee, and Mr. Helgiso expressed an interest in being appointed to the Trawls Vessel seat. The action taken by the Assembly confirmed the appointment of Mr. Heligso to the Trawl Vessels seat. CITIZENS' COMMENTS None. ASSEMBLY MEMBER COMMENTS Assembly member Stephens spoke to his reasons for voting in support of Ordinance No. FY2014-03. Assembly member Lynch urged the public to voice their concerns regarding Ordinance No. FY2014-02 to the proper representatives and agencies and spoke in support of the State reinstating the Coastal Management Program. Assembly members Austerman, Griffin Stephens, and Stutes wished everyone a happy 4111 of July holiday. Assembly members Griffin and Lynch thanked the public for comments on the agenda items. Kodiak Island Borough Assembly Minutes July 2, 2013 Page 7 Announcements The Borough Offices would be closed on Thursday, July 4, in observance of the 4th of July holiday. The next Assembly work session was scheduled on Thursday, July 11 at 7:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, July 18 at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT BONNEY moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stephens, Stutes, Austerman, Bonney, Griffin, and Lynch. The meeting was adjourned at 8:44 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Nova M. Javier, MMC, Borough Clerk Approved on: Kodiak Island Borough Assembly Minutes July 2, 2013 Page 8 ° KODIAK ISLAND BOROUGH 0 AGENDA STATEMENT REGULAR MEETING OF: AUGUST 1, 2013 ITEM NO.: 9_A TITLE: Ordinance No. FY2014-04 Rezoning the Remainder Portion of the KIB Landfill Tract And Lot 2 Sawmill Subdivision From a Combination of C-Conservation and PL-Public Use Lands To Natural Use (Case No. 13-027, Landfill). ORIGINATOR: CDD Staff FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ® No Account Number: Amount Budgeted: ATTACHMENTS: Ordinance No. FY2014-04, P&Z Decision Letter, and P&Z Case Packet APPROVAL FOR AGENDA SUMMARY STATEMENT: The Borough Assembly directed that a rezone of the remainder of the Landfill Tract, not previously rezoned to I—Industrial, be investigated by the Planning and Zoning Commission for a rezone to the NU-Natural Use Zoning District, along with Lot 2 of the Sawmill Subdivision. Direction given also included the charge of investigating the merits of amending Ordinance No. 98-06, the Landfill Greenbelt Ordinance. The Commission held a public hearing on June 19, 2013 on this rezone request and found the request consistent with the goals and objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. The Commission voted unanimously to recommend the Assembly approve this rezone request. The Commission declined to directly address Ordinance No. 98-06, but rather referred the matter of the Landfill Greenbelt Ordinance to the Monahska Bay Road Service Area Board. Public hearing notices were mailed out on Friday, July 19. Any responses will be given to the Assembly. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2014-04. Kodiak Island Borough Page 1 of 1 Bud Cassidy From: Bob Pederson Sent: Thursday, July 18, 2013 1:32 PM To: Bud Cassidy Subject: FW: landfill zoning issue Bud..Let me know if this comes through Original Message From: Darlene Turner[mailto:darlene(cilasmilingbear.coml Sent: Wednesday, July 17, 2013 9:22 AM To: Bob Pederson Subject: landfill zoning issue To: Borough Assembly, Community Development and Facilities, On Tuesday, July 16, 2013 I met with Bob Peterson, of the Borough Community Development Department, to discuss the rezone of the landfill and the portion of the green belt associated with the water treatment plant being built. This meeting was requested by staff because the Planning and Zoning Commission felt they could not comment or change the Borough Ordinance dealing with the green belt on the Borough Landfill Tract. This note is to re-affirm the opinion of the Monashka Bay Road Service Area Board, that the area of the green belt that was approved for the water treatment plant, and re-zoned industrial, should be severed from the green belt so that any other changes to that small area, identified in previous maps sent to the Borough Assembly by the MBRSA Board, are not under-laid with the green belt designation. We would also support the Assembly's efforts to sub-divide the Landfill Tract into two separate tracts, one zoned industrial and the other Natural Use. Darlene J. Turner Monashka Bay Road Service Area 2046 Three Sisters Way Kodiak, Alaska 99615 1-907-481-6390 1-907-539-2811/cell • Introduced by: Borough Manager Requested by: P&Z Commission 1 Drafted by: CDD 2 Introduced: 07/18/2013 Public Hearing: 08/01/2013 3 Adopted: 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2014-04 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 9 BOROUGH REZONING THE REMAINDER PORTION OF THE KIB 10 LANDFILL TRACT AND LOT 2 SAWMILL SUBDIVISION FROM A 11 COMBINATION OF C—CONSERVATION AND PL — PUBLIC USE 12 LANDS TO NU—NATURAL USE (CASE NO. 13-027, LANDFILL) 13 14 WHEREAS, the Planning and Zoning Commission received a request to rezone the 15 remainder portion of the KIB Landfill Tract and Lot 2 Sawmill Subdivision; and 16 17 WHEREAS, at an advertised public hearing, consistent with KIB 17.205.040, the 18 Commission considered the merits of the rezone request; and 19 20 WHEREAS, the Commission voted to recommend to the Borough Assembly that the 21 remainder portion of the KIB Landfill Tract and Lot 2 Sawmill Subdivision be rezoned 22 finding that the public necessity, convenience, and general welfare and good zoning 23 practice would be enhanced by such action; and 24 25 WHEREAS, the Commission hereby recommends that this rezone request be reviewed 26 and approved by the Borough Assembly. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 29 BOROUGH THAT: 30 31 Section 1: This ordinance is not of a general and permanent nature and shall not 32 become a part of the Kodiak Island Borough Code of Ordinances; 33 34 Section 2: The remainder portion of the KIB Landfill Tract and Lot 2 Sawmill 35 Subdivision is hereby rezoned from a combination of C—Conservation and 36 PL-Public Use Lands Zoning Districts to NU—Natural Use Zoning District. 37 38 Section 3: The findings of the Kodiak Island Borough Planning and Zoning 39 Commission are hereby confirmed as follows: 40 41 17.205.020 A. Findings as the Need and Justification for a 42 Change or Amendment. 43 The borough needs to maintain some or all of the remainder of the Kodiak Island 44 Borough Landfill Tract and Lot 2, Sawmill Subdivision for a greenbelt buffer to 45 mitigate the day-to-day impacts of landfill activities and commercial activities on Lot 46 1, Sawmill Subdivision from effecting residential properties in the general area. Kodiak Island Borough, Alaska Ordinance No. FY2014-04 Page 1 of 2 47 The borough land surrounding the current Industrial zoned landfill site also 48 provides for some recreational use at the present time and this potential could be 49 further realized if this area and Lot 2, Sawmill Subdivision were properly zoned and 50 managed for recreation purposes. 51 52 17.72.020 B. Findings as to the Effect a Change or Amendment 53 would have on the Obiectives of the Comprehensive Plan. 54 A rezone of the subject parcel would be generally consistent with objectives of the 55 2008 Kodiak Island Borough Comprehensive Plan Update. A rezone of the subject 56 parcel would work to implement the Comprehensive Plan. 57 58 17.205.020 C. Recommendations as to the approval or 59 disapproval of the change or amendment. 60 The Kodiak Island Borough Planning and Zoning Commission recommends 61 approval of this rezone request. 62 63 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 64 THIS DAY OF 2013 65 66 KODIAK ISLAND BOROUGH 67 68 69 70 Jerome M. Selby, Borough Mayor 71 72 ATTEST: 73 74 75 76 Nova M. Javier, MMC, Borough Clerk 77 78 Kodiak Island Borough, Alaska Ordinance No. FY2014-04 Page 2 of 2 well as a map with no key to help residents interpret and decipher what the numerous "Unknown" labels indicated. I telephoned the Borough, received the email packet from Nova, and also spoke with Bob Pedersen on the phone, asking that a map with the greenbelt be sent to residents. He declined. Is it any wonder that the KIB receives so little comment from residents when we cannot understand the maps? I request that the Borough Assembly support the rezone to Natural Use for the remainder of the KIB LandFill Tract and for Lot 2 Sawmill Subdivision, but I respectfully request that Ord. 98-06 remain unchanged, unmodified and in existence to protect our drinking water. There has been talk by former and present KIB staff to create a "landscape buffer" or other descriptive terms in place of Ord. 98-06, with arguments that "greenbelt" is not defined, in the code, etc. My concerns and concerns of many Marmot Drive and Three Sisters Drive residents is the quality of our drinking water and the long term health of the residents who depend on surface and ground water wells in Monashka. There is no current EPA or ADEC regulation of the pollutants that are dumped and flushed in Kodiak, and which end up in the landfill. This includes prescription medications, over the counter unregulated chemicals, pesticides, cleaners, etc. ad nauseam. I support access to the Monashka beaches by the public through our network of trails. Including Sawmill Lot 1 in the rezone will help create this access. I support subdivision of the Landfill so that these longstanding zoning problems can be solved. That being said, I do no want people to camp and toilet in the area covered by Ord. 98-06 which protects our water. Please assure that Ordinance 98-06 remains intact and on every map of the KIB. Thank you and sincerely, Martha McKinney Ordinance No. FY2014-04 Rezoning the Remainder Portion of the KIB Landfill Tract and Lot 2 Sawmill Subdivision From a Combination of C- Conservation and PL-Public Use Lands To NU-Natural Use (Case No. 13- 027, Landfill). X This is in support of the rezone, and X Other Comments RECEIVED Martha McKinney AUG - 1 2013 2344 Forest Drive PO Box 2037 BOROUGH CLERK'S OFFICE KODIAK,ALASKA Kodiak, AK 99615 Comments: 8/1/2013 I support the rezone from a combination of C-Conservation and PL- Public Use To Natural Use, but I have significant concerns about the fate of KIB Ordinance 98-06, known as the "Greenbelt." I attended the 6/19/13 Planning and Zoning Meeting in which the Commission passed Case 13-027, however, the second portion of Case 13-027 stated: "An investigation to consider amendments to modify the Landfill Green Belt Ordinance (KIB Ord. No.98-06) in light of recent and proposed changes to the KIB Landfill Tract Zoning." My understanding from the 6/19/13 P& Z meeting was that the portion of the "greenbelt" that the Monashka Bay Road Service (MBRS) supervisors authorized the KIB to take for the water treatment plant at the landfill would (here I am paraphrasing Alan Schmitt) essentially become part of the Industrial Zone, but that P& Z was not doing anything else to the greenbelt. If the motion for case 13-027 motion passed, the portion of Case 13-067 dealing with "investigating amending and modifying the Landfill Greenbelt (KIB Ordinance NO. 98-06) would go to the MBRS supervisors for their recommendations. When I received the Notice of Public Hearing for 8/1/13, it was interesting yet again to receive a map without the greenbelt drawn in, as Kodiak Island Borough �s- %t�li v Office of the Borough Clerk = ntAy 710 Mill Bay Road E� Kodiak, Alaska 99615 ,-.1, Phone (907) 486-9310 Fax (907) 486-9391 clerks @kodiakak.us NOTICE OF PUBLIC HEARING A public hearing will be held on Thursday, August 1, 2013, at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly to hear comments on: Ordinance No. FY2014-04 Rezoning the Remainder Portion of the KIB Landfill Tract and Lot 2 Sawmill Subdivision From a Combination of C-Conservation and PL-Public Use Lands To NU-Natural Use (Case No. 13-027, Landfill). If you do not wish to testify verbally, you may provide your comments on the attached public hearing form and fax it to (907) 486-9391, email to clerks @kodiakak.us, or hand deliver to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on August 1, 2013. Comments favoring and opposing are encouraged. If you have any questions, please call 486-9310. Attachments: • Map • Public hearing form • Ordinance No. FY2014-04 Ordinance No. FY2014-04 Rezoning the Remainder Portion of the KIB Landfill Tract and Lot 2 Sawmill Subdivision From a Combination of C-Conservation and PL-Public Use Lands To NU-Natural Use (Case No. 13-027, Landfill). m .1y prr,e o S ° gIPP0- 0 -\-ii 1� 55 44,00.4./ m r ` �0,-, �! � N � �� 11 � _ .� � A oil J il 40 64,h,;x,,11; �- row . La ��0TH I .1e ,1 V PAS = �� 0 611011A r err 11 ■ O k OaSK take Roar • \_06\ j Eck < \�� . � t �' Von • y4 ►�n*,eft" Legend ;;,,;heH%�, i / n : � t yin a��/ f',6' E ] Subject Parcels ; '��, evet t_a� �a It ..-. g r Un1-C e \� — r ',',='; j o `y,i. U \\\\ ‘.`"*, r s 6 \fix'\'• • 0 d ,a �\,,Ji ,p , \• ' C'mac#; . oa cv .,fads ` ��,,A,ee\ rl i 0 c 16n\e "‘"•1 A 4c�° ' • /14 Public Hearing Notice Vicinity Map • 0 1.100 2,200 4,400 6.600 8.800 , iij \g, , Feet PUBLIC HEARING FORM Ordinance No. FY2014-04 Rezoning the Remainder Portion of the KIB Landfill Tract and Lot 2 Sawmill Subdivision From a Combination of C-Conservation and PL-Public Use Lands To NU-Natural Use (Case No. 13-027, Landfill). ❑ This is in support of the rezone. ❑ This is in opposition of the rezone. ❑ Other comments. Name: Residence Address: Mailing Address: Comments: Written comments may be submitted by email to clerkskodiakak.us, faxed to 907-486-9391, mailed or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on Thursday, August 1, 2013. Introduced by: Borough Manager Requested by: P&Z Commission Drafted by: CDD 2 Introduced: 07/18/2013 Public Hearing: 3 Adopted: 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2014-04 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 9 BOROUGH REZONING THE REMAINDER PORTION OF THE KIB 10 LANDFILL TRACT AND LOT 2 SAWMILL SUBDIVISION FROM A 11 COMBINATION OF C—CONSERVATION AND PL — PUBLIC USE 12 LANDS TO NU—NATURAL USE (CASE NO. 13-027, LANDFILL) 13 14 WHEREAS, the Planning and Zoning Commission received a request to rezone the 15 remainder portion of the KIB Landfill Tract and Lot 2 Sawmill Subdivision; and 16 17 WHEREAS, at an advertised public hearing, consistent with KIB 17.205.040, the 18 Commission considered the merits of the rezone request; and 19 20 WHEREAS, the Commission voted to recommend to the Borough Assembly that the 21 remainder portion of the KIB Landfill Tract and Lot 2 Sawmill Subdivision be rezoned 22 finding that the public necessity, convenience, and general welfare and good zoning 23 practice would be enhanced by such action; and 24 25 WHEREAS, the Commission hereby recommends that this rezone request be reviewed 26 and approved by the Borough Assembly. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 29 BOROUGH THAT: 30 31 Section 1: This ordinance is not of a general and permanent nature and shall not 32 become a part of the Kodiak Island Borough Code of Ordinances; 33 34 Section 2: The remainder portion of the KIB Landfill Tract and Lot 2 Sawmill 35 Subdivision is hereby rezoned from a combination of C—Conservation and 36 PL-Public Use Lands Zoning Districts to NU—Natural Use Zoning District. 37 38 Section 3: The findings of the Kodiak Island Borough Planning and Zoning 39 Commission are hereby confirmed as follows: 40 41 17.205.020 A. Findings as the Need and Justification for a 42 Change or Amendment. 43 The borough needs to maintain some or all of the remainder of the Kodiak Island 44 Borough Landfill Tract and Lot 2, Sawmill Subdivision for a greenbelt buffer to 45 mitigate the day-to-day impacts of landfill activities and commercial activities on Lot 46 1, Sawmill Subdivision from effecting residential properties in the general area. Kodiak Island Borough, Alaska Ordinance No. FY2014-04 Page 1 of 2 47 The borough land surrounding the current Industrial zoned landfill site also 48 provides for some recreational use at the present time and this potential could be 49 further realized if this area and Lot 2, Sawmill Subdivision were properly zoned and 50 managed for recreation purposes. 51 52 17.72.020 B. Findings as to the Effect a Change or Amendment 53 would have on the Objectives of the Comprehensive Plan. 54 A rezone of the subject parcel would be generally consistent with objectives of the 55 2008 Kodiak Island Borough Comprehensive Plan Update. A rezone of the subject 56 parcel would work to implement the Comprehensive Plan. 57 58 17.205.020 C. Recommendations as to the approval or 59 disapproval of the change or amendment. 60 The Kodiak Island Borough Planning and Zoning Commission recommends 61 approval of this rezone request. 62 63 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 64 THIS DAY OF 2013 65 66 KODIAK ISLAND BOROUGH 67 68 69 70 Jerome M. Selby, Borough Mayor 71 72 ATTEST: 73 74 75 76 Nova M. Javier, MMC, Borough Clerk 77 78 Kodiak Island Borough, Alaska Ordinance No. FY2014-04 Page 2 of 2 DAVID ALLEN MARK ANDERSON THOMAS ANTHONY P 0 BOX 8976 1124 STELLER WAY 2032 ISLAND CIRCLE KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 GARRICK D BARNES ERIC BERG FRANK BISHOP 2091 ISLAND CIR 1619 THREE SISTERS WAY PO BOX 2491 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 SUMMER BLAIN KENNETH CHRISTIANSEN CITY OF KODIAK 1122 MISSION ROAD 1849 MARMOT DR P.O. BOX 1397 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JEREMY COUNCELLER LOGAN CRANE ANDREW DANO 1417 MOUNTAIN VIEW DR 7065 CALLE PONCE DE LEON 2139 FOREST DR KODIAK, AK 99615 NAVARRE, FL 32566 KODIAK, AK 99615 CLIFFORD DAVIDSON C DAVIDSON FAMILY TRUST CLIFFORD DAVIDSON P.O. BOX 746 P 0 BOX 2097 REVOCABLE TRUST KODIAK, AK 99615 KODIAK, AK 99615 PO BOX 746 KODIAK, AK 99615 STEVEN L DEHART JEANNIE DENNIS ANDREW DEVRIES 2231 THREE SISTERS DR PO BOX 2802 2653 DEVILS PRONG ST KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JEAN DICKSON ETAL SHAWN DILLON BRIAN DIXON ETAL P.O. BOX 8347 P.O. BOX 1896 PO BOX 364 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 RONALD & MARY DOUBT BRYAN &AAREN ELLSWORTH LAWRENCE ELLSWORTH 1010 STELLAR WAY 1948 MARMOT DR PO BOX 751 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 BYRDIE EMANUEL WILLARD A FEDA CORINNE FERRE 6710 EAST 75TH COURT P.O. BOX 2933 1962 THREE SISTERS WAY TULSA, OK 74133 KODIAK, AK 99615 KODIAK, AK 99615 FRANK FISH DONALD FOX ROBERT FOY P O BOX 437 2251 THREE SISTERS WAY PO BOX 1921 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 ROCKY FRASER ETAL DARCY GLAGOLICH JAMIE GODWIN 1319 MOUNTAIN VIEW DR P O BOX 2826 PO BOX 1532 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 FORREST GOULD PATTI HENDRIX WILLIAM HENTGES P.O. BOX 1214 PO BOX 8690 2204 MONASHKA BAY RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 NANCY HILLSTRAND MITCH HULL STEVEN IVANOFF ETAL P.O. BOX 7 526 1ST AVE. SOUTH #315 1327 MOUNTAIN VIEW DR HOMER, AK 99603 SEATTLE, WA 98104 KODIAK, AK 99615 DANNY JACKSON ETAL PATRICIA JACOBSON CHARLES JOHNSON PO BOX 169 REVOCABLE TRUST 8837 S.W. MARSEILLES DR KODIAK, AK 99615 P 0 BOX 8707 BEAVERTON, OR 97007 KODIAK, AK 99615 BONNIE JONES DENISE JONES CAROL JUERGENS ETAL PO BOX 2454 P O BOX 1764 1818 E REZANOF DR WHITE SALMON, WA 98672 KODIAK, AK 99615 KODIAK, AK 99615 RONALD KAVANAUGH JOHN W KIMMEL KODIAK ISLAND BOROUGH 1533 SAWMILL CIRCLE 2107 ISLAND CIRCLE 710 MILL BAY RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 BENJAMIN KONDRO THOMAS LANCE DENBY LLOYD 1210 MISSION ROAD 1338 MOUNTAIN VIEW DR PO BOX 1521 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 KEVIN LOFBERG OTTO MAHLE JR. DOUGLAS MATHERS 2289 FOREST DR P.O. BOX 3150 PO BOX 2916 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JACK MCFARLAND MARTHA MCKINNEY BRUCE MCNEIL PO BOX 8802 P.O. BOX 2037 2147 THREE SISTERS WAY KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 DANIEL MENTH FREDERICK MILLER MONASHKA BAY ROAD, LLC PO BOX 2185 PO BOX 9035 PO BOX 1753 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 NEIL MOOMEY REYNOLD MORRIS JR. ROBERT MUDD JR 1769 THREE SISTERS WAY 2570 MONASHKA BAY RD. PO BOX 8933 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 MICKI MUMMERT MICHAEL MURRAY PATRICK O'DONNELL P.O. BOX 1906 2182 THREE SISTERS WAY P O BOX 3075 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 DANFORTH OGG LLEWELLY FRED O'HEARN DONALD PARKER P.O. BOX 2754 P 0 BOX 88 PO BOX 8301 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JOHN PARKER SR KENNETH PAULLIN CHARLES PETERSON P.O. BOX 653 1523A MISSION RD 1850 THREE SISTERS WAY KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 STEVEN PRICE DAVID PUTNAM S & Y REVOC TRUST 1604 THREE SISTERS WAY PO BOX 1541 C/O SUZANNE SOLENBERGER KODIAK, AK 99615 KODIAK, AK 99615 PO BOX 29 BARROW, AK 99723 RICHARD SALTONSTALL CHRISTOPHER SANNITO DAVID SARAFIN 1637 THREE SISTERS WAY P O BOX 104 PO BOX 577 KODIAK, AK 99615 KODIAK, AK 99615 GLENNALLEN, AK 99588 STEPHEN SCHROF ETAL JARED D SKONBERG ROGER SMITH ETAL CARRIE WORTON PO BOX 2572 P.O. BOX 2473 1943 THREE SISTERS WAY KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 RANDALL SPIVEY MARK ST. DENNY STEVEN E STEFFENSEN 1709 THREE SISTERS WAY PO BOX 388 1462 MOUNTAIN VIEW DR KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 STORMY STUTES DAVID SUNDBERG JAMES SWEARINGIN 2230 MONASHKA WAY SR 2055 MARMOT DR. 1877 MARMOT DR KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 THOMAS THISSEN JOHN THOMAS RICHARD THUMMEL 2241 FOREST DR P.O. BOX 3131 PO BOX 8528 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 MICHAEL TICFMAN DARLENE TURNER FREDERICK VAHL 2159 ISLAND CIRCLE 2046 THREE SISTERS WAY 1324 MOUNTAIN VIEW DR KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 VETERANS OF FOREIGN WARS DAVID WESOLOWSKI MARK WHITE PO BOX 404 1904 MARMOT DR PO BOX 284 KODIAK, AK 99615 KODIAK, AK 99615 NORDLAND, WA 98358 CHARLES JIMME WILSON MARK WITHROW ETAL STIG YNGVE 1855 THREE SISTERS WAY 1818 EAST REZANOF DR 1657 THREE SISTERS WAY KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 PAUL ZIMMER ETAL 2000 RIDGE CIRCLE KODIAK, AK 99615 A * Kodiak island =�®rough ,�_ , *A A * ' ; Community Development Department A A ;% ," 710 Mill Bay Road liA . ,.7 ! ; )-iqy Kodiak,Alaska 99615 Phone(907)486-9363 Fax(907)486-9396 ? www.kodiakak.us June 24, 2013 Mr. Bob Scholze, Borough Resource Management Officer Kodiak Island Borough 710 Mill Bay Rd. Kodiak, AK.99615 Re: Case 13-027: Request A rezone, according to KIBC 17.205.030.A to investigate the rezone of the remainder portion of the KIB Landfill Tract from a combination of C- Conservation and PL-Public Use Land Districts to the NU-Natural Use District; and, An investigation to consider the rezone of Lot 2, Sawmill Subdivision from PL-Public Use Land to NU-Natural Use; and An investigation to consider amendments to modify the Landfill Greenbelt Ordinance (KIB Ord. No. 98-06) in light of recent and proposed changes to the KIB Landfill Tract zoning. Dear Mr. Scholze, The Kodiak Island Borough Planning & Zoning Commission at their meeting on June 19, 2013 moved to forward the request cited above, recommending approval, to the Borough Assembly. The Kodiak Island Borough Planning & Zoning Commission at their meeting on June 19, 2013 declined to consider amendments to Kodiak Island Borough Ordinance 98-06, and instead adopted the alternate motion to, Move to refer the matter of revising Ordinance No. 98-06 to a meeting of the Monashka Bay Road Service Area Board where a compromise revision can be worked out that address the concerns of the majority of local residents and that recommendation can be brought back to the Assembly for consideration on a subsequent Assembly meeting agenda. Please contact the Borough Clerk's Office at 486-9310 for information on when your case will be scheduled for a first reading and public hearing before the Assembly. According to KIBC 17.205.055 (Submission to assembly)of the Borough Code states: A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions,'a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.205.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. The commission attached one condition of approval to their recommendation to the assembly CONDITION OF APPROVAL [1] The rezone of the subject parcels shall become effective upon the final recordation of the applicable plat. The commission adopted the following findings of fact in support of their recommendation to the assembly. FINDINGS OF FACT Section 17.205.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.205.020 A. Findings as to the Need and Justification for a Change or Amendment. The community has expressed the need for additional residential land to be made available for development purposes. The borough assembly has reviewed and approved a number of surplus parcels for disposal. Some of these lots need to be surveyed and zoned appropriately for residential development before they can be included in a future land sale. 17.205.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A rezone of the subject parcel(s) would be consistent with objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. A rezone of the subject parcel would work to implement the Comprehensive Plan. 17.205.020 C. Recommendations as to the approval or disapproval of the change or amendment. The Kodiak Island Borough Planning &Zoning Commission recommends approval of this rezone request. This recommendation supports the change to an existing land use district boundary only. • • • • • Should this rezone be approved by the Kodiak Island Borough Assembly, you will still need to obtain permits for any construction activities. If you have any questions about the action of the commission, please contact the Community Development Department at 486-9363. Sincerely1 /M °AL c41/ Sheila Smith ` R J Secretary CC: Nova Javier, Borough Clerk Planning&Zoning Commission Monashka Bay Road Service Area Board Public Hearing lem / A P&Z June 19, 2013 Location Request:A rezone, accord ingQDC 27205.030.A 13-U2�7 Q7 investigate( i 3 rezone CO Q®remainder portion CO aaCilb Landfill Tract from 0 combination CQC-Conservation Kodiak Island Borough E3 PL-Public Ilt�3m02 NU-Natural IION District;OGi Agent: Bob Sehol'Ze OM investigation QD consider( ii p rezone CQLLG &Sawmill Subdivision from PL-Public 1Ub34D NU-Natural p Gp investigation Q3 consider amendments RD modify f�ln2 Landfill Greenbelt Ordinance Mad,e ,98-06)Otli1��'".nQ CO recent aid proposed dkailec@f0Q0021013 Landfill Tract zoning. ((Postponed biggem from t�`1n2 20113 P&Z Commission Agenda) " I a J`°o DfMNa�''G u \ D .�,/� n ` 1 �� 0 0 , 0a /ko 1- Di Ili .,, ''I-/ o ,,,, �n �Bio.w t �% MIL ' , aver.WayD�Ie - � r.mat I ...€L` *0. / ce tcZ 40 �I ',l=':Tai '•� &- Ir, IN Ix i till el'• ill to . es 4'�Sawmill G`t°1=-� Ca E't/1 4a swat I/ ■ / 'go. jl oath' ° I II I GC' 1111 j' /et3/4� I G .9 3c % n p' I von cry ri Legend :; le ay Ii- rr li°k'0 iiii �i/�r i�7 O Subject Parcels �� ,�°aa- 4 CII Lao°'>```C`�P°a,S•'. e t „ ,.. ,o `okoom i+ ,fi iii ,��` .a`�.`� `�U`�•,,, e z ti °�c a ��O *' �A`� • SS • <C)-_' `o *GOwo t it p��0,1mi°o°° ,,, �o`k`` ,c�co°ye,.•kyeb°o° a A \,,.. .d •,`4_, ," `. G �1 s� . Q-oa el th ‘;,---"a Public Hearing Notice Vicinity Map 0 1,100 2.200 4,400 6,600 8.800 Feet Kodiak Island Borough GIS Community Development Department B This map is provided to informational purposes O Subject http://www.kodiakak.us/gis (907)486-9337 only and is not intended for any legal representations. Case No. 13-027 Introduction Page 1 of 3 Public Hearing lem / A P&Z June 19, 2013 0 a Kodiak Island Borough Zoning Map Zoning Request:A rezone, according'ROC U.205.030.A Oa 13-0247 tip investigate t�`lip rezone CQQCOCaremainder portion€0 agGE Landfill Tract from©combination cg C-Conservation Kodiak Island Borough b PL-Public (W2t4Jtln13 NU-Natural Ili- District;aiily Agent: Bob SCholze /4 investigation m consider( 1n2 rezone CO LQ 1,Sawmill Subdivision from PL-Public %)NU-Natural Q Gm investigation m consider amend mentst3 modify gilt0' Landfill Greenbelt Ordinance QED ORS 98 06)ID CQ6i3a tit aid proposed igtaiiTiM10 MlO' GM Landfill Tract zoning. (Postponed Ng gkogg from @pin 20113 P&Z Commission Agenda) ■% ' o- kT�t v o -'� �� Aitv�r.Way e ,off, 3> `.. �e�1`` VIII .49A s JCI D \ , . 1 I boa ii _ ,er j i _ I * - c\(G1e '— / G � / •CO ■ / • c0 ,J I Legend doe°r c /j Jc r/p ,�q ,p -' , Ml� ,.'�, " 0 /-• Subject Par e`v 0 /i // OTC am♦ 30 �� °aa q. i 17 SePe - as®• e e A yam.1 ie. � 3e 6 �kno/J°�co ii / .. �aae �a. /e\ x4'4 Zoning Legend Public Use Lands Rural Residential 1 Multi Family Residential IN Light Industrial 17 watershed n Rural Residential 2 ^$ 3 Business Rural Neighborhood Commercial Conservation Single Family Residential Retail Business I= Urban Neighborhood Commercial Rural Residential Two Family Residential Industrial Natural Use Kodiak Island Borough GIS Community Development Department This map is provided for informational purposes http://www.kodiakak.us/gis (907)486-9337 only and is not intended for any legal representations. Case No. 13-027 Introduction Page 2 of 3 Public Hearing lem / A P&Z June 19, 2013 nn(1 1E 3 Overlay Request:(n1 rezone, according:lb c U.205.030.A 13-027 Q7 investigate' rezone c862 remainder portion CI MogGM Landfill Tract from a combination CQ C-Conservation Kodiak Island Borough es PL-Public NbgQ 62 NU-Natural Nigp District;MCI Agent Bob $ChOIZe tn p Q investigation0consider(�nprezoneCQkce20Sawmill Subdivision from PL-Public l�l m- 5D NU-Natural trial, Gail investigation ao)consider amendments Q)modify:p Landfill Greenbelt Ordinance Mad o IWO 98-06)Eta CQrecent Elie proposed(finpin --p4D(gypCiC1 Landfill Tract zoning. (iPostponed 1566a from(�lnp MO P&Z Commission Agenda) • -4" r+ -.1;‘'....::••C`;'; ;-- Y'�7 y„,./.�r�. k � t FE'S °.gQ�l ff�T �t?.-..e..f' Q ' 'SIC'1,1e? : yam„. > . t t 1'u its �.c+"Vr �,Aby� 5'�'l T t'yY 'i'b MM y L` A 4 ~L T91to 45 YAt1r 1C1 Y SY 1, yI' Yf "fF '�'1 J r Y- f !N (BIZ 1 t rt t� ..n , t . . • g a°�d s ! ..• r t' ..t yy o i f° n Lk i' ,.�„ ^ , �y� }� y, - r?f yf* :. s 7'yf gay. • r Kt. af '•• t r y r ` ruff . S” .� Y�d° t F:' � �4• f R� ' , , -r' S x•fit; a fy} •*,,tee t + f ` r. rt N,re b ^' t j 3f,I,l .N'.y7 r .j f I. F > ; �+ —r.0 tr. +..'s L -.4 .• i4, k: iy a» 1 r' , r Ya/ 9 3 �• ! I' t.;: 4 J�.+ F f - i ..>� >�.i� r 44%, 2rf"Lr O�.qN "c ,tc -r.,- le G ,F f I.r. 5a %lift > f //9 ,. ,,,/,3 s.>fl: .i f �. /,, °s1:. ' ><r <.. d f ' - r� lit Y,F ,/r •9/ 1 x �Ji. • t •,yr tfFi X .rte '„.•p•-a s' .- u + tr •.f' , t 4 1• -ut*, t 4 `{a t'n 4..- 4 ^. r 1' ',� ,1 .f r jt,y ,5” ^x r r' ?,e �^Jfi Rrf t f l.r :- {' f r s. r \? 'll r °. -y z ,�..t, v y y +rte i. J; -t s:°'p _ r #r/ 'T '+!! `5 '.0i 'd:lt r '�"�rF'1`Ji.tf4 . ,t , & .S4 ("raj _.,• 4 0.97 yy #, >. h . :�' 'slip -, ' r "i` • .t a ;k s,. r p d tail a ,e 4 y� Y t,1 �{ r .,...,V4.14/4,.,, je,,J., ?t e ,t ,3 '411 4 'try f>M - t ' _ i / y. ( / ,:-.:4K.4.:50.11-1 ur 11L 3 '4'. J+ei t F �'^. , 1 h-6y''kr yd r R4,2., ' r. • ty „(,,r 4: ,4.,ii tet ;; , trit > 1.70'a ) {r `'. .. G r t,2, c WA r =L� ..err ff'a.'r:A?fvr. d .•R },r J Fi :44 4 .. % �'> ,(,{, �lt 1` .,� i1 der X YJ�� 1( A'{„'iy59 J Jl ;/e ,j, ,, ,• !y 41 `• r�` P' e f 8 •1,0r -, `',,,I t, xl/ki �s,Ar.X a" Legend tt ' ' it: ' ar - !r ,,°¢c ', f 'gyp �pt..? .,:47:1/.5)-ff , fis O Subject Parcels , 't k.. .`5 . ;,1- 4.i� ;rr=i ��y v'i i'.,f . V fi.01.7., t t ,r 11.0',` tt.� r% M t f 't;{C} tI y {r1 r 1 4 ++i ie f "f xt7 - "> fAc tj ��n`... r t, 'sf{ 3y .,f '�G' 1' ° tly,ur^, ,r.f c � a,,ya• "'PILE -, it �r.'Tt 4 rM;' rft i . ..+ 'D r - . /1'nw4. - ad1.. IM ya 2-: YT ci^-Yr` tfr .1* .r... t Y w a.r.. 1 oQe j` Public Hearing Notice Vicinity Map a 0 750 1,500 3,000 4,500 6,000 Feet p , I Kodiak Island Borough GIS Community Development Department This map is provided for informational purposes httpl//www.kodiakak.us/9 is (907)486-9337 only and is not intended for any regal representation. Case No. 13-027 Introduction Page 3 of 3 \ / \\ Kodiak Island Borough g �\\ #Landfill 1 Traci ��\ le , \ tab h Landfill Tract Proposed Rezone Public Hearing Item / A P&Z June 19, 2013 ; : % . K ;I odi'ik Island > ®rough * �/% Community Development Department ./L1G. K./..',.�. FR si< ,,,,i .+ „o,, 710 Mill Bay Road Room 205 '° 'FR s. .�;; ��a Kodiak,Alaska 99615 fay aF, Phone(907)486-9363 Fax(907)486-9396 `' r:.c..1,1,-- www.kodiakak.us r May 14,2013 Mr.Bob Scholze,Borough Resource Officer Kodiak Island Borough 710 Mill Bay Road Kodiak,AK 99615 Re: Case 13-027. Request a rezone, according to KIBC 17.205.030.A to investigate the rezone of the remainder portion of the K1B Landfill Tract from a combination of C-Conservation and PL- Public Use Land Districts to the NU-Natura] Use District; and, An investigation to consider the rezone of Lot 2, Sawmill Subdivision from PL-Public Use Land to NU-Natural Use; and, An investigation to consider amendments to modify the Landfill Greenbelt Ordinance (K1B Ord. No. 98-06) in light of recent and proposed changes to the KIB Landfill Tract zoning. (Postponed by staff from the May 2013 P&Z Commission Agenda) Dear Mr. Scholze: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their June 19, 2013 regular meeting. This meeting will begin at 6:30 p.m. in the Assembly Chambers, 710 Mill Bay Road,Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting, on Wednesday, June 12, 2013 at 6:30 p.m. in the Borough Conference Room (#121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for the regular meeting. The public is welcome to attend the packet review work session; however,the work session is not for the purpose of receiving public testimony. Applicants who wish to present testimony and/or evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such information in person. Please contact the Community Development Department at 486-9363 if we can answer any outstanding questions or provide additional information. In advance, thank you for your cooperation. Sincerely, Sheila Smith, Secretary Community Development Department Case No. 13-027 Public Comment Page 1 of 12 Public Hearing Item / A P&Z June 19, 2013 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak,Alaska 99615 May 14,2013 Public Hearing Item 7-A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, June 19, 2013 The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission,to hear comments if any, on the following request: CASE: 13-027 APPLICANT: Kodiak Island Borough AGENT: Bob Scholze REQUEST: A rezone, according to KIBC 17.205.030.A to investigate the rezone of the remainder portion of the KIB Landfill Tract from a combination of C-Conservation and PL-Public Use Land Districts to the NU-Natural Use District; and, An investigation to consider the rezone of Lot 2, Sawmill Subdivision from PL- Public Use Land to NU-Natural Use; and, An investigation to consider amendments to modify the Landfill Greenbelt Ordinance(KIB Ord. No. 98-06) in light of recent and proposed changes to the KIB Landfill Tract zoning. (Postponed by staff from the May 2013 P&Z Commission Agenda) LOCATION: 1203 and 1931 Monaska Bay Road ZONING: C-Conservation; PL-Public Use Land This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 pm on Tuesday.June 4, 2013 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486-9396, or you may email your comments to ssmithakodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The toll free telephone number is 1-855-492-9202. One week prior to the regular meeting, on Wednesday, June 12, 2013,a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room(#121),to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. Your Name: Mailing Address: Your property description: Comments: Case No. 13-027 Public Comment Page 2 of 12 Kodiak Island Borough 4 \ Landfill Tract • \ill AI . Landfill Tract Proposed Rezone Public Hearing Item / A P&Z June 19, 2013 DAVID ALLEN MARK ANDERSON THOMAS ANTHONY P 0 BOX 8976 1124 STELLER WAY 2032 ISLAND CIRCLE KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 GARRICK D BARNES ERIC BERG FRANK BISHOP 2091 ISLAND CIR 1619 THREE SISTERS WAY PO BOX 2491 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 SUMMER BLAIN KENNETH CHRISTIANSEN CITY OF KODIAK 1122 MISSION ROAD 1849 MARMOT DR P.O.BOX 1397 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 JEREMY COUNCELLER LOGAN CRANE ANDREW DANO 1417 MOUNTAIN VIEW DR 7065 CALLE PONCE DE LEON 2139 FOREST DR KODIAK,AK 99615 NAVARRE,FL 32566 KODIAK,AK 99615 CLIFFORD DAVIDSON C DAVIDSON FAMILY TRUST CLIFFORD DAVIDSON REVOCABLE P.O.BOX 746 P 0 BOX 2097 TRUST KODIAK,AK 99615 KODIAK,AK 99615 PO BOX 746 KODIAK,AK 99615 STEVEN L DEHART JEANNIE DENNIS ANDREW DEVRIES 2231 THREE SISTERS DR PO BOX 2802 2653 DEVILS PRONG ST KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 JEAN DICKSON ETAL SHAWN DILLON BRIAN DIXON ETAL P.O.BOX 8347 P.O.BOX 1896 PO BOX 364 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 RONALD&MARY DOUBT BRYAN&AAREN ELLSWORTH LAWRENCE ELLSWORTH 1010 STELLAR WAY 1948 MARMOT DR PO BOX 751 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 BYRDIE EMANUEL WILLARD A FEDA CORINNE FERRE 6710 EAST 75TH COURT P.O.BOX 2933 1962 THREE SISTERS WAY TULSA,OK 74133 KODIAK,AK 99615 KODIAK,AK 99615 FRANK FISH DONALD FOX ROBERT FOY P 0 BOX 437 2251 THREE SISTERS WAY PO BOX 1921 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 Case No. 13-027 Public Comment Page 4 of 12 Public Hearing Item / A P&Z June 19, 2013 ROCKY FRASER ETAL DARCY GLAGOLICH JAMIE GODWIN 1319 MOUNTAIN VIEW DR P 0 BOX 2826 PO BOX 1532 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 FORREST GOULD PATTI HENDRIX WILLIAM HENTGES P.O.BOX 1214 PO BOX 8690 2204 MONASHKA BAY RD KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 NANCY HILLSTRAND MITCH HULL STEVEN IVANOFF ETAL P.O.BOX 7 526 1ST AVE.SOUTH#315 1327 MOUNTAIN VIEW DR HOMER,AK 99603 SEATTLE,WA 98104 KODIAK,AK 99615 DANNY JACKSON ETAL PATRICIA JACOBSON REVOCABLE CHARLES JOHNSON PO BOX 169 TRUST 8837 S.W.MARSEILLES DR KODIAK,AK 99615 P 0 BOX 8707 BEAVERTON,OR 97007 KODIAK,AK 99615 BONNIE JONES DENISE JONES CAROL JUERGENS ETAL PO BOX 2454 P 0 BOX 1764 1818 E REZANOF DR WHITE SALMON,WA 98672 KODIAK,AK 99615 KODIAK,AK 99615 RONALD KAVANAUGH JOHN W KIMMEL KODIAK ISLAND BOROUGH 1533 SAWMILL CIRCLE 2107 ISLAND CIRCLE 710 MILL BAY RD KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 BENJAMIN KONDRO THOMAS LANCE DENBY LLOYD 1210 MISSION ROAD 1338 MOUNTAIN VIEW DR PO BOX 1521 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 KEVIN LOFBERG OTTO MAHLE JR. DOUGLAS MATHERS 2289 FOREST DR P.O.BOX 3150 PO BOX 2916 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 JACK MCFARLAND MARTHA MCKINNEY BRUCE MCNEIL PO BOX 8802 P.O.BOX 2037 2147 THREE SISTERS WAY KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 DANIEL MENTH FREDERICK MILLER MONASHKA BAY ROAD,LLC PO BOX 2185 PO BOX 9035 PO BOX 1753 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 Case No. 13-027 Public Comment Page 5 of 12 Public Hearing Item / A P&Z June 19, 2013 NEIL MOOMEY REYNOLD MORRIS JR. ROBERT MUDD JR 1769 THREE SISTERS WAY 2570 MONASIIKA BAY RD. PO BOX 8933 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 MICKI MUMMERT MICHAEL MURRAY PATRICK O'DONNELL P.O. BOX 1906 2182 THREE SISTERS WAY P 0 BOX 3075 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 DANFORTH OGG LLEWELLY FRED O'HEARN DONALD PARKER P.O.BOX 2754 P 0 BOX 88 PO BOX 8301 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 JOHN PARKER SR KENNETH PAULLIN CHARLES PETERSON P.O.BOX 653 1523A MISSION RD 1850 THREE SISTERS WAY KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 STEVEN PRICE DAVID PUTNAM S&Y REVOC TRUST 1604 THREE SISTERS WAY PO BOX 1541 C/O SUZANNE SOLENBERGER KODIAK,AK 99615 KODIAK,AK 99615 PO BOX 29 BARROW,AK 99723 RICHARD SALTONSTALL CHRISTOPHER SANNITO DAVID SARAFIN 1637 THREE SISTERS WAY P 0 BOX 104 PO BOX 577 KODIAK,AK 99615 KODIAK,AK 99615 GLENNALLEN,AK 99588 STEPHEN SCHROF ETAL JARED D SKONBERG ROGER SMITH ETAL CARRIE WORTON PO BOX 2572 P.O.BOX 2473 1943 THREE SISTERS WAY KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 RANDALL SPIVEY MARK ST.DENNY STEVEN E STEFFENSEN 1709 THREE SISTERS WAY PO BOX 388 1462 MOUNTAIN VIEW DR KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 STORMY STUTES DAVID SUNDBERG JAMES SWEARINGIN 2230 MONASIIKA WAY SR 2055 MARMOT DR. 1877 MARMOT DR KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 THOMAS THISSEN JOHN THOMAS RICHARD THUMMEL 2241 FOREST DR P.O.BOX 3131 PO BOX 8528 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 Case No. 13-027 Public Comment Page 6 of 12 Public Hearing item / A P&Z June 19, 2013 MICHAEL TICFMAN DARLENE TURNER FREDERICK VAHL 2159 ISLAND CIRCLE 2046 THREE SISTERS WAY 1324 MOUNTAIN VIEW DR KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 VETERANS OF FOREIGN WARS DAVID WESOLOWSKI MARK WHITE PO BOX 404 1904 MARMOT DR PO BOX 284 KODIAK,AK 99615 KODIAK,AK 99615 NORDLAND,WA 98358 CHARLES JIMME WILSON MARK WITHROW ETAL STIG YNGVE 1855 THREE SISTERS WAY 1818 EAST REZANOF DR 1657 THREE SISTERS WAY KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 PAUL ZIMMER ETAL 2000 RIDGE CIRCLE KODIAK,AK 99615 Case No. 13-027 Public Comment Page 7 of 12 Public Hearing Item / A P&Z June 19, 2013 Sheila Smith From: Darlene Turner<darlene @asmilingbear.com> Sent: Tuesday, June 04, 2013 10:44 AM To: Jenny Clay; chazman@ptialaskanet; sprucegardens @alaska.net; kcsprincipal @gmail.com Cc: Jenny Clay; Duane Dvorak; Sheila Smith Subject: Comments to Case 13-027 P&Z Public Hearing Hello Jenny and Sheila, Here is the response from MBRSA to Community Development on the rezone investigation 13-027. 1. The Monashka Bay Road Service Area Board would like to see the remainder of the Landfill Tract that was not rezoned Industrial. rezoned to NU — Natural Use, this includes the rezone of Lot 2, Sawmill Subdivision, to be used as a trail head for future trail through the area. (identified by the Kodiak Trails proposal) 2. The area of the green belt that was approved for the water treatment plant, should be severed from the green belt and included in the Industrial zoning so that any other changes to that small area, identified in previous maps sent to the Borough Assembly by the MBRSA Board, are not under-laid with the green belt designation. 3. The NU — Natural Use portion of the Landfill Tract will still have a portion under-laid with the green belt designation set out in KIB Ordinance 98-06. 4. We request a seat at the table to work with P&Z to come up with the correct area and designation (description) for the green belt language as none exists in Borough Code with the exception of the information in KIB Ordinance 98-06. 5. We also think the stake holders from the VFW should be included in the re-zone process, as a portion of the PU Public Use and C — Conservation Use area is continued onto their tract. 6. Please provide P&Z with all the maps and letters from the MBRSA Board to P& Z as part of our response to the Public Hearing Notice item 7-F Case 13-027. Darlene J. Turner, President Monashka Bay Road Service Area 2046 Three Sisters Way Kodiak, Alaska 99615 1-907-486-6390 1-907-539-2811/ cell From: Jenny Clay [mailto:iclavOkodiakak.us] Sent: Tuesday, April 09, 2013 3:43 PM To: chazman@ptialaska.net; soruceoardens@alaska.net; kcsprincipal@gmail.com; darlene©asmilingbear.com Subject: FW: Pls send to Monashka Bay Service District Forward from Community Development Jenny Clay, Secretary III Engineering & Facilities Kodiak Island Borough 710 Mill Bay Road, Room 224 Kodiak AK 99615 907-486-2343 Voice 907-486-9394 Fax 1 Case No. 13-027 Public Comment Page 8 of 12 Public Hearing Item / A P&Z June 19, 2013 iclay@,kodiakak.us From: Sheila Smith Sent: Tuesday, April 09, 2013 3:04 PM To: Jenny Clay Subject: Pls send to Monashka Bay Service District Hi Jenny Here's another one to send out to the Monashka Bay Road Service District.Thanks! 2 Case No. 13-027 Public Comment Page 9 of 12 Public Hearing Item / A P&Z June 19, 2013 Sheila Smith From: Darlene Turner<darlene @asmilingbear.com> Sent: Sunday, June 02, 2013 12:10 PM To: 'M. McKinney'; Sheila Smith Cc: Nova Javier; jerome.selby @kibassembly.org; carol.austerman @kibassembly.org; tuck.bonney @kibassembly.org; aarongriffen @kibassembly.org; david.kaplan @kibassembly.org; chris.lynch @kibassembly.org; mmstep @gci.net; mel.stephens @kibassembly.org; louise.stutes @kibassembly.org Subject: RE: Written Comments for Public Hearing Nice job Martha Dar Darlene/J. Turner A Swi,CUncw 13ea.r 13ed.a,vul.3reak fa4t 2046 Three.Siater-Way Kaata o,, ALas/kw 99615 1 -907-481 -6390 1 -907-539-2811/cell From: M. McKinney [mailto:marthvog @hotmail.com] Sent: Saturday, June 01, 2013 2:16 PM To: ssmith @kodiakak.us Cc: njavier @kodiakak.us; ierome.selbv @kibassemblv.orq; carol.austerman @kibassemblv.orq; tuck.bonnev @kibassemblv.orq; aarongriffen @kibassemblv.orq; david.kaplan @kibassembly.orq; chris.lvnch@kibassemblv.orq; mmstep@gci.net; mel.stephensekibassembly.orq; louise.stutes @kibassemblv.orq Subject: Written Comments for Public Hearing Comments regarding Case 13-027 I support the rezone of the remainder portion of KIB Landfill tract from a combination of C-Conservation and PL-Public Use Land Districts to the NU-Natural Use District. I also support rezone of Lot 2, Sawmill Subdivision from PL-Public Use land Districts to Natural Use. I only support an amendment to modify the Greenbelt area for the specific and limited land that has already been granted by the Monashka Bay Road Service District (MBRSA) Supervisors from the Greenbelt Ordinance (KIB Ord. No. 98-06) to the Landfill tract's industrial zoning. That being said, I strongly oppose any other amendments to the Greenbelt Ordinance (KIB Ord. No. 98-06) that would rescind, change, or deplete the protections that are contained within the ordinance for the residents of Marmot and Three Sisters Drive, specifically protecting the ground water and surface water which provides our well water. This is a matter of health and well-being, and I urge the Assembly to act carefully and thoroughly regarding the proposals and testimony of any Borough Staff. Monashka Bay area residents were aware of the dump's existence when we purchased property and established our homes. The illegal expansion of the landfill was instrumental in establishment of the greenbelt through KIB Ordinance 98-06 and it's requirement that MBRSA give approval prior to any activities undertaken within the greenbelt. Past experience, specifically the February 7, 2013 meeting in which KIB staff was not forthcoming about their 1 Case No. 13-027 Public Comment Page 10 of 12 Public Hearing Item / A P&Z June 19, 2013 actions, notifications, and justifications of"urgency" for the blanket rezone to Industrial. I am still grateful for the Assembly's response to the Monashka Bay Road Service Supervisors reactions in that meeting; and for your support for the protection of the health and well-being of residents. I strongly oppose any push by staff that urge you to rescind, weaken, or change Greenbelt Ordinance 98-06 with a "landscape buffer around the dump" as a replacement. Please protect the health and well-being of residents of Monashka Bay. Thank you for your consideration. Martha McKinney PO Box 2037 Kodiak, AK 99615 Property Description: USS 1678 TR B, LT 7 2 Case No. 13-027 Public Comment Page 11 of 12 Public Hearing Item / A P&Z June 19, 2013 Sheila Smith From: M. McKinney <marthyog @hotmail.com> Sent: Saturday, June 01, 2013 2:16 PM To: Sheila Smith Cc: Nova Javier;jerome.selby @kibassembly.org; carol.austerman @kibassembly.org; tuck.bonney @kibassembly.org; aarongriffen @kibassembly.org; david.kaplan @kibassembly.org; chris.lynch @kibassembly.org; mmstep @gci.net; mel.stephens @kibassembly.org; louise.stutes @kibassembly.org Subject: Written Comments for Public Hearing Comments regarding Case 13-027 I support the rezone of the remainder portion of KIB Landfill tract from a combination of C-Conservation and PL-Public Use Land Districts to the NU-Natural Use District. I also support rezone of Lot 2, Sawmill Subdivision from PL-Public Use land Districts to Natural Use. I only support an amendment to modify the Greenbelt area for the specific and limited land that has already been granted by the Monashka Bay Road Service District (MBRSA) Supervisors from the Greenbelt Ordinance (KIB Ord. No. 98-06) to the Landfill tract's industrial zoning. That being said, I strongly oppose any other amendments to the Greenbelt Ordinance (KIB Ord. No. 98-06) that would rescind, change, or deplete the protections that are contained within the ordinance for the residents of Marmot and Three Sisters Drive, specifically protecting the ground water and surface water which provides our well water. This is a matter of health and well-being, and I urge the Assembly to act carefully and thoroughly regarding the proposals and testimony of any Borough Staff. Monashka Bay area residents were aware of the dump's existence when we purchased property and established our homes. The illegal expansion of the landfill was instrumental in establishment of the greenbelt through KIB Ordinance 98-06 and it's requirement that MBRSA give approval prior to any activities undertaken within the greenbelt. Past experience, specifically the February 7, 2013 meeting in which KIB staff was not forthcoming about their actions, notifications, and justifications of"urgency" for the blanket rezone to Industrial. I am still grateful for the Assembly's response to the Monashka Bay Road Service Supervisors reactions in that meeting; and for your support for the protection of the health and well-being of residents. I strongly oppose any push by staff that urge you to rescind, weaken, or change Greenbelt Ordinance 98-06 with a "landscape buffer around the dump" as a replacement. Please protect the health and well-being of residents of Monashka Bay. Thank you for your consideration. Martha McKinney PO Box 2037 Kodiak, AK 99615 Property Description: USS 1678 TR B, LT 7 1 Case No. 13-027 Public Comment Page 12 of 12 Public Hearing Item 7 A ® P&Z June 19, 2013 MEMORANDUM DATE: June 6, 2013 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the June 19, 2013 Regular Meeting CASE: 13-027 APPLICANT: Kodiak Island Borough Agent: Bob Scholze — Resource Management Officer REQUEST: A rezone, according to KIBC 17.205.030 A, to investigate the rezone of the remainder portion of the KIB Landfill Tract from a combination of C- Conservation and PL-Public Use Land zoning districts to the NU-Natural Use zoning district; and, An investigation to consider the rezone of Lot 2, Sawmill Subdivision from PL-Public Use Land to NU-Natural Use; and, An investigation to consider amendments to modify the Landfill Greenbelt Ordinance (KIB Ord. No. 98-06) in light of recent and proposed changes to KIB Landfill Tract zoning. (Postponed by staff from the May 2013 P&Z Commission Agenda) LOCATION: 1203 and 1931 E. Monashka Bay Rd. ZONING: C - Conservation Zoning District & PL-Public Use Zoning District One Hundred (100) public hearing notices related to this request were mailed on May 14, 2013. Fourteen (14) responses have been received commenting on this request for a rezone. Date of site visit: Various 1. Zoning History: The 1968 Comprehensive Plan identified this area as Unclassified. Ordinance 77-15-0 rezoned the tract to C - Conservation Zoning District. Ordinance 84-58-0- rezoned a portion (generally described as the designated greenbelt/buffer zone) of the tract to PL-Public Use Zoning District. 2. Lot Size: 202.51 acres (total Tract area) 3. Existing Land Use: Water treatment, open space, greenbelt, trails 4. Surrounding Land Use and Zoning: North: Monashka Bay Use: Marine environment Zoning: n/a Case No. 13-027 Staff Rpt Page 1 of 11 Public Hearing Item 7 A P&Z June 19,2013 South: Sawmill Subdivision Lot 1 Use: Warehousing & outdoor storage Zoning: C - Conservation Zoning District South: Unsubdivided portion United States Survey 3945 Use: (City of Kodiak) Zoning: C - Conservation Zoning District East: Island Vista Subdivision & portions of remainders Use: Single Family Residence(s) Zoning: RR-1 Rural Residential Zoning District West: Monashka Bay Tract A of BLM Tract D Use: Institutional, RV Park, & Recreation Zoning: C - Conservation Zoning District 5. Comprehensive Plan: The Kodiak Island Borough 2008 Comprehensive Plan designates the proposed rezone area as a combination of Industrial/Light Industrial, & Open Space/Recreation. 6. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code are applicable to this request: KIBC 17.10.020 Reference and use. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. The applicable comprehensive plan is the 2008 Kodiak Island Borough Comprehensive Plan Update. The Plan notes under "Implementation Policies"1: Identify an adequate supply of land in each community to meet future needs for homes and businesses, including commercial and industrial uses. Additional study is needed to estimate future employment in specific industries and related needs for land zoned for those types of uses. For example, in assessing the need and most appropriate locations for new industrial land, consider the following factors. The need to support potential economic growth sectors. The level of need should be based on an assessment of trends in population growth and in specific economic sectors, including a realistic assessment of their potential within the KIB. Proximity to adequate public facilities, including roads, water and air transport facilities, as well as water and wastewater treatment facilities. Potential conflicts with adjacent land uses, particularly residential uses and sensitive natural resources. Parcel size, topography and other site characteristics as they relate to the requirements of businesses in anticipated growth industries. 12008 Comprehensive Plan Update, Chp. 12 page 3. Case No. 13-027 Staff Rpt Page 2 of 11 Public Hearing Item 7 A P&Z June 19, 2013 Chapter 17.45 NU — NATURAL USE DISTRICT 17.45.010 Description and intent. The NU natural use zoning district is established for the purpose of protecting the natural environment, including fish and wildlife habitat and water quality and quantity, while providing for the human use of fish, wildlife, and plant resources. This zoning district is also designed to: A. Protect trails on public lands; B. Protect waterways and their banks; and C. Discourage development by prohibiting the construction of most structures in this zoning district. [Ord. 89-04-0 §2, 1989. Formerly §17.12.010]. 17.45.020 Permitted principal uses and structures. The following land uses and activities are permitted in the natural use district: A. Fish, wildlife, or habitat enhancement and/or rehabilitation projects (nonstructural); B. Hunting, fishing, trapping, and plant gathering activities; C. Passive recreation activities (photography, hiking, camping, cross-country skiing, horseback riding, etc.); D. Pedestrian trails and trail systems; E. Public coastal docking facilities; and F. Recreational cabin. [Ord. FY2007-08-0 §4, 2006; Ord. 89-04-0 §2, 1989. Formerly §17.12.020]. 17.45.030 Permitted accessory uses and structures. None are established for this district. [Ord. 89-04-0 §2, 1989. Formerly §17.12.030]. 17.45.040 Conditional uses. The following land uses and activities may be allowed by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: A. Communication facilities; B. Parks and recreational support structures, including related equipment, facilities, and structures (e.g., playground equipment, bathroom facilities, picnic shelters, parking lots, and other paved areas, etc.); C. Public recreational cabins; D. Road and utility installations; and E. Structures which enhance the intent of the natural use district (e.g., fish, wildlife, or habitat enhancement and/or rehabilitation structures, fish ladders, hatcheries, etc.). [Ord. 94-02 §2, 1994; Ord. 89-04-0 §2, 1989. Formerly §17.12.040]. 17.45.050 Minimum lot area and width requirements. Minimum lot area and width will be specified as a condition of approval for approved conditional uses based on the specific request. [Ord. 89-04-0 §2, 1989. Formerly §17.12.050]. 17.45.060 Maximum lo t coverage for structures. Maximum lot coverage for structures will be specified as a condition of approval for approved conditional uses based on the specific request. [Ord. 89-04-0 §2, 1989. Formerly §17.12.060]. Case No. 13-027 Staff Rpt Page 3 of 11 Public Hearing Item 7 A P&Z June 19,2013 17.45.070 Maximum height of structures. Maximum height for structures will be specified as a condition of approval for approved conditional uses based on the specific request. [Ord. 89-04-0 §2, 1989. Formerly §17.12.070]. 17.45.080 Setbacks from property lines. Setbacks from property lines will be specified as a condition of approval for approved conditional uses based on the specific request. [Ord. 89-04-0 §2, 1989. Formerly §17.12.080]. 17.45.090 Special district regulations. Approved conditional uses in this district will conform to the following performance standards: A. Must support a public need; B. Must minimize the impact on the natural environment and shall preserve, to the maximum extent feasible and prudent2, natural features, specifically: 1. Conditional uses in upland habitats must retain natural vegetation coverage, natural drainage patterns, prevent excessive runoff and erosion, and maintain surface water quality and natural groundwater recharge areas; and 2. Conditional uses in estuaries, tideflats, and wetlands must assure water flow, natural circulation patterns, and adequate nutrient and oxygen levels; and C. Although a particular conditional use may constitute a minor change, the cumulative effect of numerous piecemeal changes can result in a major impairment of the environment. The particular site for which a conditional use application is made will be evaluated with the recognition that it may be part of a complete and interrelated environmental area. [Ord. 89-04-0 §2, 1989. Formerly §17.12.090]. 17.45.100 Fences, parking, and signs. Fences, parking areas, and signs are permitted when they are necessary for the use of the property for a permitted and/or approved conditional use. [Ord. 89-04-0 §2, 1989. Formerly §17.12.100].i- COMMENTS This request for rezone was initiated by the Kodiak Island Borough Assembly at its March 21, 2013 regular meeting. The need for a second round of zoning review was necessitated by the scaling back of the original request to rezone the Kodiak Island Borough Landfill Tract to I-Industrial in its entirety. The industrial zoning area was scaled back to address only that area necessary for current and projected landfill activities. After the Assembly had referred this request to a community council for additional consultation it was decided to have the assembly investigate the rezone of the remainder of the landfill tract and Lot 2, Sawmill Subdivision to NU-Natural Use Land in recognition of the recreational and open space potential represented by those areas now located outside the Industrial zoned landfill activity area. In addition, although it is not a zoning matter specifically, the Greenbelt Buffer Ordinance No. 98-06 was also 2 Feasible and prudent" means consistent with sound engineering practices and not causing environmental,social, or economic problems that outweigh the public benefit to be derived from compliance with the condition which is modified by the term "feasible and prudent." Case No. 13-027 Staff Rpt Page 4 of 11 Public Hearing Item 7 A P&Z June 19, 2013 added to this case for review because it is difficult to consider the Greenbelt Buffer separately from the zoning issues. The 2008, Kodiak Island Borough Comprehensive Plan Update shows the area described by Ordinance No. 98-06 as Open Space/Recreation. In the most recent zoning review process, consultation with Engineering and Facilities staff and representatives of the community determined that a portion of the area designated for industrial use and lying along the Monashka Bay shoreline was not needed for landfill purposes due to topography, drainage, and proximity to the shoreline. This non- industrial remainder now fully wraps around the designated industrial area on two sides and this entire remainder is now being considered for the NU-Natural Use zoning district as a subject of this review. Although the comprehensive plan does not provide an exact fit to the current request, the plan is intended to be a guide and there are always site specific variables that will turn up as part of the investigative process over which elected and appointed officials may need to exercise a certain amount of discretion. So long as the final decision is substantially consistent with the goals and objectives of the comprehensive plan, and the decision is adequately supported by the adopted findings of fact, there is should be no problem if the final decision does not exactly conform to the generalized plan map. In order to evaluate the rezone proposal, staff will rely upon the guidance provided by the applicable comprehensive plan, and the characteristics of the proposed zoning district. The 2008 KIB Comprehensive Plan Update provides: "Future land use designations should be considered generalized designations which may include uses allowed in multiple designations. Following are brief descriptions of land use designations used in accompanying future land use maps:... Open Space. This designation is intended for park, recreation and open space areas and is implemented at the zoning level by the wildlife and natural use zones.' Goals, Policies & Implementation Actions4 Goal: Maintain and/or improve access to public recreational lands, including via Native corporation or other private lands, where possible. Policy ❑ Support acquisition of easements, land or other methods for accessing recreational lands and resources. Implementation Actions ❑ Establish criteria and a process that can be used to identify and prioritize specific areas where access is needed and desired by community residents and visitors. ❑ Investigate and assess the feasibility of specific tools for establishing or requiring access; determine which tools are most appropriate for specific conditions or situations. 3 2008 KIB Comprehensive Plan Update, Page 13,Chapter 4 a 2008 KIB Comprehensive Plan Update, Page 17,Chapter 9 Case No. 13-027 Staff Rpt Page 5 of 11 Public Hearing Item 7 A P&Z June 19, 2013 ❑ Explore needs and opportunities, and enter into negotiations if warranted, to obtain and or easements for high-value recreational lands owned by the Leisnoi Native Corporation. Goal: Ensure the long-term viability of and maintain a high level of quality of the recreation experience in Kodiak for both residents and visitors. Policies ❑ Support the development of recreational facilities in village communities and other designated areas within the KIB; encourage communities to develop and update local recreation plans. ❑ Encourage or require dedication of land and development of parks in residential areas as development occurs. Implementation Action ❑ Identify potential sites for marine parks that are located near heavily used recreation areas. ❑ Evaluate and identify those lands under Borough ownership that would be appropriate for parks and recreation facilities,with a goal of a comprehensive Parks and Recreation Plan to guide future decisions. ❑ Review urban areas for potential neighborhood and pocket parks in areas of growth. Establish requirements and/or incentives to reserve land, build and maintain facilities. ❑ Develop standards for playground equipment and related improvements to ensure the highest degree of utility at the lowest reasonable cost. Goal: Ensure that commercial recreation and tourism and private recreation activities minimize adverse impacts on the environment and other private landholders. Policies ❑ Work with public land managers and private landowners to develop and implement policies and regulations for the intensity and density of permanent recreational facilities and temporary recreational activities. ❑ Assess cumulative impacts and identify carrying capacity considerations associated with commercial recreation and tourism development in the KIB. ❑ Consider implementation of requirements for remote recreation activity such as concentrating the development in specific nodes or permitting clusters of commercial recreation and tourism development in selected locations. Implementation Actions ❑ Evaluate the impact of commercial recreation and tourism development on sensitive fish and wildlife populations and their habitat, cultural resources and water quality. ❑ Ensure that all recreation areas have a restroom facility and garbage receptacle. ❑ Develop guidelines for how and when remote industrial, resource extraction and other commercial sites may be converted or reused for commercial recreation and tourism uses. ❑ Consider the costs of commercial recreation and tourism on adjacent landowners. Case No. 13-027 Staff Rpt Page 6 of 11 Public Hearing Item 7 A P&Z June 19, 2013 Goal: Provide opportunities for trail use for walking, bicycling, motorized recreational vehicles (ATVs) and others, while minimizing conflicts among users and adverse environmental impacts. Policies ❑ Partner with the Borough Park and Recreation committee, recreational users, the visitor industry and others in trails planning, development and maintenance efforts. ❑ Address and minimize conflicts between different user types on recreational lands and trails, such as ATVs and non-motorized trail users. Consider designating specific areas or trails for certain uses and enforcing restrictions against incompatible uses in those areas (see additional Trails goal, policies and actions). Use a planning process that involves all trail user groups in the Borough. Implementation Actions ❑ Support and fund maintenance of trails and public access to important recreational areas. ❑ Create a road system trails plan using public participation and existing trails with a focus on a trail network that is interconnected, allows for maximum use for all citizens and addresses conflicts among different types of trail users. Consider restrictions on ATV use in specific areas as part of this process. ❑ For areas on the road system, focus on developing, enhancing and maintaining trails according to the following priorities. Highest Priority Kodiak urban area Monashka Middle Bay/Saltery/Lake Miam area Bicycle trail from White Sands to Salonie Creek Womens Bay Natural Area Salonie Creek Other Priorities Anton Larsen Bay USCG/Buskin area Chiniak Pasagshak ❑ Address the following priority actions in developing and implementing a trails plan for the Borough: Major trail re-routes Garbage cans at trailheads Trailhead information kiosks New bridges at stream crossings Improved trailhead parking areas Resolution of conflicts among trail users ❑ Develop a map and guidebook of trails in the Borough.14 ❑ Explore creation of other programs or strategies to maintain trails within the Borough, such as the following: Including a volunteer program A trail crew program Creation of a trail fund-raising program Trail etiquette and safety programs Creation of some separate motorized and non-motorized trails Create an "adopt-a-trail" program featuring volunteer clean-up efforts (Trails Study) Lot 2, Sawmill Subdivision has road frontage along Monashka Bay Road and could provide public access to the remainder of the KIB Landfill Tract. The KIB Landfill Tract also has access from the tidelands the adjoining borough parcel leased to the VFW. Private landowners along the Marmot Drive corridor whose lots back up to the KIB Landfill Tract also have access to the area. Case No. 13-027 Staff Rpt Page 7 of 11 Public Hearing Item 7 A P&Z June 19, 2013 Maintaining the remainder of the KIB Landfill Tract in open space, from the borough perspective, has historically been for the purpose of keeping a greenbelt buffer between incompatible uses of the landfill and residential. In addition, the Greenbelt Buffer Ordinance 98-06 specifically prohibited any use in the area designated other than water treatment for landfill leachate. In addition, changes to water treatment were only allowed with consultation and approval of the Monashka Bay Road Service Area Board. The Greenbelt Buffer Ordinance was not previously reviewed through the rezoning process because it is not a zoning district per se. Staff believes that it is a product of necessity because there was not then, nor is there now, a perfect zoning district to serve as a greenbelt buffer between incompatible uses. Therefore a custom "overlay" ordinance which superseded the underlying zoning district was called for. That reality has not changed and even though the NU-Natural Use zone may be closer to the ideal, it may also need to have some limitations or restrictions in order to continue to serve as both a greenbelt buffer and a recreational area. Staff will make a recommendation on the zoning issues presented here in accordance with KIBC 17.205. With regard to the greenbelt buffer issue, comments have been submitted by the MBRSA and other members of the public indicating that the greenbelt buffer can be withdrawn from the Industrial zoned area but that the rest of the greenbelt buffer should remain intact. If this seems to be the consensus of the community, then it would be a simple matter to revise Ordinance No. 98-06 with a new metes and bounds description excluding only that area zoned Industrial. Staff had pointed out during the last round of community meetings that the duty to provide a buffer for incompatible uses owes to the industrial use and that it might make sense to designate additional areas emanating from the Industrial landfill boundary for a distance of 200 feet or more. This would allow a portion of the remainder to be unencumbered by greenbelt buffer restrictions. In the alternative, the entire remainder could also be designated with the greenbelt buffer designation. Staff will minimally recommend that the greenbelt buffer be withdrawn from the Industrial area, but if it appears that there is not a consensus in the community, an alternate recommendation would be to refer the issue to a public meeting process similar to the ones held under the auspices of the MBRSA where the details of a compromise can be worked out in a process specifically to address the greenbelt buffer. Because this issue is more about dealing with the day-to-day impacts of the use it is not an issue specific to the zoning process and it may be best to deal with this one issue in a more focused process, which is how the record indicates that it was dealt with in the past. Case No. 13-027 Staff Rpt Page 8 of 11 Public Hearing Item 7 A P&Z June 19, 2013 CONFORMANCE WITH THE COMPREHENSIVE PLAN: The request is generally consistent with the 2008 Kodiak Island Borough Comprehensive Plan Update. The process that was used to "right-size" the Industrial landfill activity area has essentially released additional lands identified for potential industrial use which can now be considered for recreational use as well as providing additional buffering from the day-to-day impacts of the industrial landfill operations. RECENT DEVELOPMENT TRENDS IN THE AREA: An established residential neighborhood abuts the proposed rezone tract on the east. Five of the 39 parcels selected are listed as vacant according to the most recently available assessment data5. Building permit activity has been slow to non-existent and this trend is expected to continue into the foreseeable future. As pointed out by local residents, the buffer area surrounding the industrial landfill activity area has existing trails and recreational use patterns established which can be further legitimized and improved upon if the area were to be recognized as a proper recreation area by the proposed change of zoning to NU-Natural Use Land. TRAFFIC IMPACTS: The proposed NU-Natural Use Land area does not generate a lot of traffic at this time. Access to the area is largely limited to private properties along the Marmot Drive corridor and from the adjoining borough property leased to the Veterans of Foreign Wars. With the inclusion of Lot 2, Sawmill Subdivision in the rezone area there is the prospect that public access could also be developed from this location, however it would likely require some trail hardening to get access to the remainder of the KIB Landfill Tract across substantial wetlands. Lot 2, Sawmill Subdivision fronts along the Monashka Bay Road which is a designated arterial class road and there would be no trouble for this road to handle additional traffic from outside the local area. LAND SUITABILITY: Size, topography, and other characteristics are suitable for recreational and greenbelt buffer use: Land suitability for recreational and greenbelt buffers are minimal. Variations in topography, soils conditions, drainage and vegetation are often the very things that make a recreation area unique and worth visiting. The remainder of the KIB Landfill Tract is about 112 acres and Lot 2, Sawmill Subdivision is about 6 acres for a total rezone area of approximately 118 acres. 5 Appendix pages 21 &22 of 25. Case No. 13-027 Staff Rpt Page 9 of 11 Public Hearing Item 7 A P&Z June 19, 2013 RECOMMENDATION Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation for approval. Staff also recommends only minimal adjustments to the Ordinance No. 98-06 Greenbelt Buffer Ordinance which will be provided in a second motion. APPROPRIATE MOTIONS ZONING MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend that the Kodiak Island Borough Assembly approve a rezone, according to KIBC 17.205.030 A, to rezone the remainder of the KIB Landfill Tract from a combination of C-Conservation zoning and PL- Public Use Land zoning to NU-Natural Use Land zoning; and, To rezone Lot 2, Sawmill Subdivision from PL-Public Use Land zoning to NU-Natural Use Land zoning, and to adopt those findings in the staff report dated June 6, 2013, as Findings of Fact for Case No. 13-027. FINDINGS OF FACT Section 17.205.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.205.020 A. Findings as to the Need and Justification for a Change or Amendment. The borough needs to maintain some or all of the remainder of the KIB Landfill Tract and Lot 2, Sawmill Subdivision for a greenbelt buffer to mitigate the day-to-day impacts of landfill activities and commercial activities on Lot 1, Sawmill Subdivision from effecting residential properties in the general area. The borough land surrounding the current Industrial zoned landfill site also provides for some recreational use at the present time and this potential could be further realized if this area and Lot 2, Sawmill Subdivision were properly zoned and managed for recreation purposes. 17.205.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A rezone of the subject parcel would be generally consistent with objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. A rezone of the subject parcel would work to implement the Comprehensive Plan. Case No. 13-027 Staff Rpt Page 10 of 11 Public Hearing Item 7 A P&Z June 19, 2013 17.205.020 C. Recommendations as to the approval or disapproval of the change or amendment. The Kodiak Island Borough Planning & Zoning Commission recommends approval of this rezone request. GREENBELT/BUFFER MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend that the Kodiak Island Borough Assembly approve an ordinance to amend Ordinance No. 98-06 to eliminate the greenbelt buffer coverage of the ordinance by implementing a revised metes and bounds descriptions that would eliminate the landfill activity area currently zoned (- Industrial and which would not include any other changes to the existing greenbelt buffer provisions of the existing ordinance. If this ordinance revision is not acceptable Assembly or residents of the Monashka Bay Road Service Area (MBRSA) it is recommended in the alternative to refer this matter to a public meeting of the MBRSA Board where the MBRSA and Engineering and Facilities Department staff can work out a compromise through a public process. Alternate Motion Move to refer the matter of revising Ordinance No. 98-06 to a meeting of the Monashka Bay Road Service Area Board where a compromise revision can be worked out that address the concerns of the majority of local residents and that recommendation can be brought back to the Assembly for consideration on a subsequent Assembly meeting agenda. Case No. 13-027 Staff Rpt Page 11 of 11 Public Hearing Item / A P&Z June 19, 2013 KODIAK ISLAND BOROUGH RESOLUTION NUMBER 69-38-R A RESOLUTION OF THE BOROUGH ASSEMBLY OF THE KODIAK ISLAND BOROUGH PURSUANT TO CHAPTER 5, SUB-CHAPTER 4, SECTION 6 OF THE KODIAK ISLAND BOROUGH CODE OF ORDINANCES AND RESOLUTIONS APPROVE ING THE STATE OF ALASKA'S FINAL PLAT OF CITY OF KODIAK SANITARY FILa I SURVEY WHEREAS, Chapter 5, Sub-Chapter 4, Section 6 of the Kodiak Island Borough Code of Ordinances and Resolutions provides that a final plat shall be approved by the Borough Assembly by • resolution and which resolution shall provide for the acceptance of all streets, alleys, easements or other open spaces dedicated tol public purposes, and i I WHEREAS, the State of Alaska, Department of Natural 1 Resources, Division of Lands, has presented for approval its final i plat of City of Kodiak Sanitary Fill Site Survey within protracted Sections 19, 20, 29 and 30, T27S, R19W, S.M. Alaska, and there being lo roadways or easements shown thereon, the same comprising a tract of two hundred two point five one (202.51) acres more or less to - be used as a Sanitary Fill Site by the City of Xodiak all as shown on a plat of said land prepared by ROY A. ECKLUND, Registered' Land Surveyor, approved by ^..7. KEENAN, Director of Lands on September 24, 1969 and which plat will have access from OTMELCI Point Road, it being understood that the area will be fenced off and will have a mate on OEMELOI Point Road and will not be access- ible by the Public and the City having indicated that in the event there is a necessity for electrical utility service on said land, they will provide for the same, and the Planning and Zoning Commission of the Kodiak Island Borough having approved said final plat on October 8, 1969. NOW, THEREFORE, BE IT RESOLVED that the Kodiak Island Borough Assembly grant approval to the final plat presented I by the State of Alaska Department of Natural Resources, Division of Lands entitled "City of Kodiak Sanitary Fill Site Survey, Loca- 1 Fame One, RESOLUTION NO. 69-38-R Case No. 13-027 Appendix Page 1 of 25 Public Hearing Item / A P&Z June 19, 2013 ted within protracted sections Nineteen (19) , twenty (201, twenty- nine (29) and thirty (30) T-27 SR-i9 W.S.M. Alaska. PAST AND APPROVED this 20th day of November, U69. KODIAK ISLAND BOROUGH / 3Y: /��C L[ �!: .r�./� BY: (f.!L�at. f (/1,'L([-f S. dOROUGH CdAIRMAN" ATTEST 3O�000h • • • Page Two, RESOLUTION NO. 69-38-R Case No. 13-027 Appendix Page 2 of 25 Public Hearing Item / A P&Z June 19, 2013 1 0 0 n I 1 7 5 4 0 KODIAK ISLAND BOROUGH ORDINANCE NO. 77-15-0 AN ORDINANCE AMENDING THE KODIAK ISLAND BOROUGH ZONING MAP AND DEFINITIVELY ZONING ALL LANDS WITHIN THE BOROUGH NOT il PREVIOUSLY CLASSIFIED BE IT ORDAINED by the Kodiak Island Borough Assembly that the official zoning map is hereby amended as follows: Section 1. All lands within the corporate jurisdiction of the Kodiak Island Borough which have not previously been classified and depicted on the official zoning map are hereby zoned "Conservation" and all such lands will herein after be so reflected on the official zoning map until further rezoned in accordance with Chapter 17 of the Kodiak Island Borough code of ordinances. r PASSED AND APPROVED this %=— day of ra ( ,/ 1977 KODIAK ISLAND BOROUGH BY 2-0;Z::•.:41, • .., a ."" Borou. /a : '• empore I BY ,— Jt At . - `res • ng I icer ATTEST: (17-124&'-' /tilde".Ql4rk First Reading, Approval Date: n.,t." -2i /977 Second Reading, Public Hearing, Approval Date: 4 it J 7 /777 Effective Date: .2/c.9_ 7, /7-77 J Case No. 13-027 Appendix Page 3 of 25 Public Hearing Item / A P&Z June 19, 2013 1 1 ) ! ^ 3 5 .i KODIAK ISLAND BOROUGH ORDINANCE NO. 84-58-0(A) AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY REZONING A PORTION OF ADL 44355 AND A PORTION OF TRACT "B" OF ELM TRACT D FROM CONSERVATION TO PUBLIC USE LANDS. WHEREAS, ADL 44355 has been used for many years as the sanitary landfill site for the Kodiak road system; and WHEREAS, this site is being studied in order to identify necessary improvements to increase the longevity and the environmental quality of the landfill; and WHEREAS, this site has potential for use as a dry metal dump when the lease for the existing site located in the City of Kodiak expires; and WHEREAS, since this large tract of land is adjacent to rural residential property there is a need for a buffer between the sanitary i landfill and this residential land use; and WHEREAS, the Kodiak Island Borough Planning and Zoning Commission ' has investigated rezoning this tract of land and had no objections to this portion being rezoned to Public Use Lands. NOW, THEREFORE. BE IT ORDAINED: Section 1: That a portion of ADL 44355 and that portion of Tract "B" of BIM Tract D north of Monaahka Bay Road is tezoned from Conservation to: Public Lands for that portion of the area starting at the southeast corner of the "sawmill lease tract," running along the easterly boundary of the "sawmill lease tract," and continuing on the same bearing to a ii point 271 feet from the northwesterly boundary of U.S. Survey 1678, and then paralleling the westerly boundary of U.S. Survey 1678 to a point which lies 271 feet 589'57'27"W of the corner common to Lot 4, Block 2, • and Lot 4, Block 3. Island Vista Subdivision, U.S. Survey 1678, and then running southwest generally paralleling the coastline to an intersection with the westerly boundary of ADC 36049 (VFW site). Section 2: That the official zoning map shall be updated to reflect this rezoning. • • it Case No. 13-027 Appendix Page 4 of 25 Public Hearing Item / A P&Z June 19, 2013 is , 1 1 I 5 ' ®v Section 7: That this Ordinance shall be in full force and affect upon passage and adoption. 195 . PASSED AND APPROVED this 6th day of Oecem KODIAK ISLAND BOROUGH BY Botou:, :Yoi .. ATTEST: i L a By Sot he erlc FIRST READING DATE: October 4, 1984 u. for reconsid-r. SECOND READING, PUBLIC NEARING DATE: Oecenber 6 19 4 EFFECTIVE DATE: De emb r 6 PREPARED BY: Coeeonnic Develo menc De artmeoc REQUESTED BY: Aasembl n ➢ennle Nyrra II ii iI • Li Case No. 13-027 Appendix Page 5 of 25 P&Z June 19, 2013 > r,✓. '�'^_9 � lt —�. �d„+.�.< yam. ,„ •y '' ti' i7 iv •;:i ,•7:41.3' w 'l. +W , �°' r ,� Vl 4 Air' ” • r"'4"4 Z '• ••br 4 b � --ten* " `'r• g - r� '••114,1•1•44- 4- / .r. , .•'P4•. .., -„`` - s^y� r�r� 'i.„._''�° _ --✓F � ..ar„n . 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Pee! _ -+• .. `- r' ,� `1i� � . :Y > Ill g r 7 ` Case No. 13-027 Appendix Page 6 of 25 Public Hearing item / A P&Z June 19, 2013 KODIAK ISLAND BOROUGH ORDINANCE NO. 87-15-0 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY RESERVING CERTAIN BOROUGH LANDS AS A VEGETATIVE SCREEN. WHEREAS, the Monashka Bay Road Service shares a common boundary with the Sanitary Landfill Site; and WHEREAS, the Monashka Bay Road Service District adopted Resolution 86-14-R requesting the Kodiak Island Borough restrict activities along the 200 foot common boundary of the service district and ADL 44355 as well as within a 200-foot buffer surrounding a former beaver pond; and WHEREAS, this reservation will serve as a visual and sound barrier ii separating activities at the landfill site from residences in the road service district; NOW THEREFORE, BE IT ORDAINED, by the Kodiak Island Borough Assembly that: SECTION 1. This ordinance is not of a general nature and should not become a part of the code of ordinances. SECTION 2. A greenbelt be reserved along the common boundary of the Monashka Bay Road Service District and ADL 44355 described as follows: i1) Beginning at the most westerly corner of Lot 1, sawmill .I Subdivision, Plat Ho. 84-46: Thence, 585°21'00"W, 739.00 feet; Thence, N34°39'00"W, 411.00 feet; Thence, x25.21'00"E, 739.00 feet; Thence, N63•32'46"E, 1486.67 feet; Thence, NOO.O2'33"W, 2197.13 feet, more or less, to the Mean High Water Line &long Monashke Bay; iiThence, northeasterly along said Mean High Water Line to the common boundary between U.S. Survey 1678 and the City of Kodiak Sanitary Pill Site Survey, 3093.17 feet, more or less. to the Southwesterly corner of U.S. Survey 1678, common with the most northerly corner of Lot 2, Sawmill Subdivision; Thence, 529'45'32"W, 256.77 feet along the northerly boundary of Lot 2 of said subdivision; • Thence, 543.25'09"W, 1328.77 feet along the northerly boundary of Lot 1 of said subdivision, to the Point of Beginning; and Case No. 13-027 Appendix Page 7 of 25 Public Hearing Item / A P&Z June 19, 2013 (2) Lot 2, Sawmill Subdivision Containing 69.78 acres, mote,or less. SECTION 3. This reservation prohibits the cutting and removal of all trees and vegetation and limits activities with the exception of activities necessary for health purposes such as a settling pond for Leachate for the landfill; with the concurance of the Monashka Bay Road Service District. SECTION 4. Park development may occur on Lot 2, Sawmill Subdivision • with the concurrence of the Monashka Bay Road Service District. PASSED AND APPROVED THIS 7 day of July ,1987 by the Kodiak Island Borough Assembly. KODIAK ISLAND BOROUGH Byf.S • Bugh Mayor By y / (u P iding Officer ATT : Byi t+.r�.R:r�-- AMC CtaE d Baroug_ lerk First Reading, Approval Date: May 7, 1987 1 •I Second Reading, Public Hearing, Approval Date: June 4, 1987 1 Adoption Date: July 7, 1987 Recommended By: .I II. 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Case No. 13-027 Appendix Page 9 of 25 Public Hearing Item / A P&Z June 19, 2013 Introduced by: Mayor Selby Requested by: Engineering/ Facilities Department Drafted by: Environmental Engineer Introduced: 04/07/98 Public Hearing: 04/16/98 Adopted: 04/16/98 KODIAK ISLAND BOROUGH ORDINANCE NO. 98-06 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY REPEALING ORDINANCE NO. 87-15-0 RESERVING CERTAIN BOROUGH LANDS AS A VEGETATIVE SCREEN TO RESERVE AN AMENDED GREENBELT COMMON BOUNDARY OF THE MONASHKA BAY ROAD SERVICE AREA AND BALER/LANDFILL WHEREAS, the Monashka Bay Road Service Area shares a common boundary with the Kodiak Island Borough baler/landfill site; and WHEREAS, the Monashka Bay Road Service Area requested the Kodiak Island Borough restrict activities along the two hundred foot (200') common boundary of the service area and ADL 44355, as well as within a two hundred foot (200') buffer surrounding a former beaver pond; and WHEREAS, the Kodiak Island Borough assembly adopted Ordinance No. 87-15-0 reserving certain Borough lands as a vegetative screen and greenbelt; and WHEREAS, the Monashka Bay Road Service Area board approved a request of the Borough to change the greenbelt to accommodate landfill expansion; and WHEREAS, this reservation will serve as a visual and sound barrier separating activities at the landfill site from residences in the road service area; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is not of a general and permanent nature and shall not become a part of the Kodiak Island Borough code of Ordinances. Section 2: Ordinance No. 87-15-0 is hereby repealed to be reenacted by this ordinance to reserve a greenbelt along the common boundary of the Monashka Bay Road Service Area and ADL 44355 described as follows: Beginning at the most westerly corner of Lot 1, Sawmill Subdivision, Plat No. 84-46; Kodiak Island Borough,Alaska Ordinance No 9B-06 Page 1 of 2 Case No. 13-027 Appendix Page 10 of 25 Public Hearing Item / A P&Z June 19, 2013 (1) thence, N37°16'44"W, 264.04 feet; (2I thence, S55°00'11"W, 491.62 feet (3) thence, S85°21'00"W, 171.78 feet (4) thence, N34°39'00"W, 411.00 feet; (5) thence, N25'21'00"E, 739.00 feet (6) thence, N63'32'46"E, 1486.67 feet (7) thence, N27 42'18"W, 1,163 feet, more or less, to the Mean High Water Line along Monashka Bay; (8) thence, northeasterly, approximately 2, 100 feet, more or less, along said Mean High Water Line to the common boundary between U.S. Survey 1678 and the city of Kodiak Sanitary Fill Site Survey; (9) thence, along the common boundary between U.S. Survey 1678 and the city of Kodiak Sanitary Fill Site Survey S00°02'33"E, 3093. 17 feet, more or less, to the southwesterly corner of U.S. Survey 1678, common with the most northerly corner of Lot 2, Sawmill Subdivision; 110) thence, S29°45'32"VV, 256.77 feet along the northerly boundary of Lot 2 of said subdivision; (11) thence, S43°25'09"W, 1328.77 feet along the northerly boundary of Lot 1 of said subdivision, to the Point of Beginning. Containing 80.28 acres, more or less. Section 3: This reservation prohibits the cutting and removal of all trees and vegetation and limits activities with the exception of the activities necessary for health purposes, such as a settling pond for leachate for the landfill, with the concurrence of the Monashka Bay Road Service Area board. Section 4: Park development may occur on Lot 2, Sawmill Subdivision with the concurrence of the Monashka Bay Road Service Area board. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SIXTEENTH DAY OF APRIL, 1998 KODIAK ISLAND BOROUGH • 'I. t c Jente M. S :o • • • r Gary/ . ens, Presiding Officer ATTEST: 1 L%DY,na ttA Donna F. Smith, CMC/AAE, Borough Clerk Kodiak Island Borough.Alaska Ordinance No.98-06 Page 2 of 2 Case No. 13-027 Appendix Page 11 of 25 Public Hearing item / A P&Z June 19, 2013 y S4 i I Nil* \t >I- ''', r P Ro ,.ae,.: JFior 4 . S� 1 'l s. 9 „I T P' `? :.,.o erae v 4 1 IKODIAK ISLAND OSRSUCN J Case No. 13-027 Appendix Page 12 of 25 P&ZJune 19, 2013 ..,'2,"'-`i,.f e�"7 h Alit-*- }k a e :S�•,. r� Jam .:( 4 -- -. .w. ...,•, � r :�a ra r J N+- �c+ ie t t."- y fr v A l!^4/. Ate - J ( YA —.1 M a Qr Y-. .v.`9*.y € ~( J ( c _ate ^ a,, --- J• �. n 1 s;.0`Y , .:•1G_s"V4•-_Sa,- .`tr Tom.. �t ,y1��`. , N ;!i j �t 'lCa� ^..'• 6M `Z , .s { r . .;., .14" ' •G. Tx`Iy+_ r �t y � / ! ti:t• ,t r ' •*.tr cr a'°,- 3y ).. 7 1 ' } r 1. y `�_ - -.• - r y F +fly .. , s"`f�y.�`f r� $` p ` . ]'� �tom: 4 C , >^•hL ^ 3" - ,1.•.b _ • + f ' f y ,t ^t Z CY'w , 4N, . t . .f i` . r ; +� [ •{� 2„.--,...7...,..' - :r.7-1 t . .aY++-.....cw `+ .:�.z/�„' , -41„,, . . 1' \'l •,•1 n 1, o :g 11306.". •} . 11 r+tY`P '�•a". ,..pwly/ �+: v,Y ' •C N =rSr A 5' , v „tile . 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"`^� „` f...�� ,t.rc r ;,, :t e�4'' , r `� �.Fs '` �.• ;,. - Feet . . a..Y w h}. _ L. � ' I' .,,,.'4 b $t+- � ....4.4 `a' I - Case No. 13-027 Appendix Page 13 of 25 of $38,093.00. The Borough Chairman read Ordinance 68-10-0. Mrs. Springhill made a motion to adopt the Ordina ce as read at the 2nd reading, seconded by Mr. Arndt. Meeting was recessed and opened for Public Hearing. There were no comments. The meeting was then reconvened, Motion carried unanimously by roll can vote. VII PLANNING & ZONING NCNB VIII OLD BUSINESS - A. &cev ticn for Senitarci rill Site at t onashka Bay (Case 199-A) . After a review exception for the Sanitary Fill Site and Mcnashka Bay it was moved by Mrs. Springhill that the Borough approve the action of the P & Z granting the exception of the Sanitary Fill Site at 1•onashka Bay (Case 199-A) , seconded by Mr. Barr. Notion carried unani- mously by voice vote. After fur ter discussion, the notion was again confirmed and approved. B. Property conveyance to Port Lions - Res. 68-15-R. There was no discussion. Mr. Barr Moved to adopt Res. 68-15-R and seconded by Mr. Arndt. Notion carried unanimously by voice vote.. C. Kodiak Land Canpany request for change in Plant Si_: Lease. It was requested by Mr. affp that since the necessary papers were not available, the item be removed fran the Agenda and tabled. D. Recon eiderat_oi of Water. Resources. Since the City Council did not see fit to contribute to the USGS Water Resources, it was brought tp tje Assembly for reconsider- ation for their action. It was stated by Mrs. Springhill that the City had already spent a lot of money on water resources in the past and they felt that it was not a wise ex- penditure at this time. It was also noted to the Assembly that the City felt that the water was needed now and not in five years, and that they would not want to spend the money on shuch a long range plan. It was stated by Mr. Madsen that the City Council felt the proposed rivers such as Buskin River, Russian River, and Sargent Creek could not . benefit the city becua_e of being too far away from the city itself. Mr. Barr said that to the best of his knowledge no dtudy of water resources had ever been made by the city: It was moved by Et. Barr and seconded by Mrs. Springhill that the Chairman write the USGS ee =. Exrough Assembly was not able to convice the city that a long range plan sc.Ldy Is necessary, and inasmuch as the study would be primarily beneficial to then tier shall be no further action on the part of USGS that might involve expense to the Borough. Nir. Barr stated that the minutes should reflect that the city action is very ill advised and that ha feels we need this study and need to know where water is even-eh-le. Yo:-ion carried by roll call vote. Yes No Jo Hajdu Don Arndt Jim Barr Mrs. Springhill IX NEW BUS=S A. SPruel and Oliver Selvcgre: additional extension of payment: Miller Point Blk 7 Lot 1 let addition - Blk 10 Lot 6-1St addition. Mr. Best read the letter from Nrr. Samuel and Oliver Selvog requestin g an additional extension of payment on B1k 7 Lot 1 ;st add- ition - Bik 10 Lot 6 1st addition. It was moved by Mr. Barr and seconded by Mrs. Spring- hill that the Borough Assembly grat the 60 day additional extension for payment of Samuel and Oliver Selvog. Mot-ion carried unanimously by voice vote. B. Request for extension of payment for Kenneth Forster re: Miller Point Lot 6 Blk 5 1st addition. A letter was cad by the Borough Chairman regarding the request for an extension of payment from Mr. Forster. Mrs. Springhill made a motion to grant a six. months extension of payment with the stipulation that only one lot be involved. It was; seconded by Mr. Barr. Motion carried unanimously by voice vote. C. Future Site for Chiniak School. A map of the prosposed site was shown to the Assembly matbers. It was stated that the Borough designate this area as the future site of the Chiniak School. Mr. Madsen said a resolution changing the zoning map would have to be drawn up. Mrs. Springhill made a motion to authorize the preparation of having a Resolution drawn up changing the zoning map to designate this particular site. It was _ seconded by Mr:. Barr. Motion carried by voice vote unanimously. ru+a,viir, (a LVN11vt uummi2,1tJ April 25, 1968 RE: EXCEPTION FOR SANITARY FILL SITE AT MONASHKA BAY - ASSEMBLY INITTATIVE (CASE 199-A) At their meeting on April 24, 1968, the Planning and Zoning Commission voted unanimously to grant this exception for the following reasons: 1, The use of this land as a sanitary fill site, when used under the restrictions of the contract with the contractor, .:ionitored by the Sanitarian, and supervised by the attendant at the site, will not endanger the public health, safety or general welfare, or be inconsistent with the general purposes and intent of Chapter 5, Sub-Chapter 2 of the Borough Code. 2. Garbage removal is essential to the health and welfare of the community, and after investigation this site was found to be the most suitable. This exception was granted under Chapter 5, Sub-Chapter 2, Section 11, Sub-Section 8 of the Borough Code, which provides for federal, state or local government enterprises. /elm £&S��.7 Jon Waller, Chairman P anning & Zoning Commission Kodiak Island Borough RE: REQUEST FOR EXCEPTION FOR SANITARY FILL SITE AT MONPSHKA BAY, BY BOROUGH ASSEMBLY (CASE 199-A) At their meeting held on April 24, 1968, the Kodiak Island Borough Planning and Zoning Commission voted unanimously to grant the subject exception• with certain conditions. Following are the reasons for granting the exception: 1. The use of this property,as a sanitary fill site will not endanger public health, safety, or general welfare, or be detrimental to other properties or uses in the vicinity if the conditions listed below are met. 2. This use of the property will not be inconsistent with the general purposes and intent of the Zoning Ordinance. 3. The use of this property as a sanitary fill site is necessary as no other suitable site was found. Following are the conditions upon which this exception was granted: 1. The requirements of the contract with the disposal company must be met. 2. The fill site should be monitored by the Sanitarian, who shall exercise control over the maintenance of the site so that any problems can be corrected before they get out of hand. 3. The fill should be compacted every other day. 4. A rat control program should be maintained. S. Paper should be prevented from blowing on the adjacent property. 6. No burning should be permitted. <7-� G" Cr:!e Jefuf Waller, Chairman Planning & Zoning Commission Kodiak Island Borough The meeting was called to order at 7:45 p.m. in the Magistrate's Courtroom, Donnelley Building, Kodiak, Alaska, ,by Chairman r?aller. II ROLL CALL Present Absent John Waller, Chairman None Ernie Brothers Ed Haney Les. Edith Longmire Harry Wallace John Welch Also present: Sam Best, Borough Chairman; Doug Preston, Clerk/Treasurer; Assemblymen Jo Hajdu, Don Arndt, Jim Barr and Betty Springhill; Economic Development and Planning Carndtteamen Dick Berg, bob Brooks, Frank Peterson, Ivor Schott, and Doris Simon; and Alternate L)uil Norton; Mayor Pete Deveau; Hospital Board Members Bob Childs, Dr. Bob Johnson, and David Wodlinger; Jim Stansbury, building Inspector; Howard Keiser, Sanitarian; and approxi-natgly 50 people in the anr7•ience. III MIMES OF PREVIOUS ht;CPING - April 10, 1963 Mr. Haney moved, seconded by lx. Brothers, that the minutes be accepted as written. Motion carried by unanimous voice vote. IV OTHERLDPERNIS A. Assembly - 4/18/68 B. Ordinance Committee - 4/23/68 There were no cacanents. V OLD BUSINESS A. Decision on Request for Exception for Sanitary Fill Site at ,brashka Bay. Mr. Welch suggested that a fence be constructed to protect ir. Erwi is property frau the site. However, Mr. Best felt that the terrain and cost would prohibit construction of such a fence. Gs. Keiser, the Sanitarian, said that he would monitor the fill site. It would be compacted every other day. He has discuss - the site with Mt. Cessna, the contractor, and under the tars cf the-present contract, he would be able to exercise considerable control over the area. Any discrepancies could be corrected before they got out of hand. An attendant will be present to supervise the operation and to collect fees from private individuals who bring their own garbage to the dump. These stipulations are already in the contract. After further discussion, the motion made at the previous meeting to grant the exception carried by unanimous roll call vote. The contract will be submitted to the Assembly for their approval. VI CORRESPONDENCE - PEOPLE TO BE HEARD • A. Messrs. Gagnon, Hart, ?Dore and Norris of FHA re Zoning and Subdivision Regulations. Mr. Gagnon stated that the most important aspect of the regulations is to provide the best possible use of the land while staying within the bounds of good planning and the eeonanic ability of the people involved. The people will accept certain ideas and not others and there is no point in planning something that the people will not accept. Concerning lot sizes, he stated that 50 foot lots might be more practical than 70 foot lots, since with the latter an individual may be paying for 20 feet that he doesn't really need. It may be wiser to plan for smaller lots, both economically and because there is not that much land to develop. It has been ' estimated that Kodiak will gray to a population of 10,000 by 1975, and that this will probably be the ultimate peak for many years. He feels that it is wiser to plan only that far ahead now, rather than as late as 2000. hr.. Hart, FHA planner, stated that FHA is very interested in the completion of Kodiak's comprehensive plan, since a zoning plan based on this overall plan will Clue them a hefter nnnhle nn *ha of n hnna mho Public Hearing item / A KODIAK ISLAND BOROUGH P&Z June 19, 2013 POPULATION FIGURES (Numbers preceeded with indicate an entry adjusted by compiler 7/21/05) Alaska Population Estimate 2019 2018 2017 2016 2015 2014 2013 2012 2011 2010 Akhiok 82 71 Aleneva 48 37 Chiniak 44 47 Karluk 37 37 Kodiak 6,312 6,130 USCG Base 1,335 1,301 Larsen Bay 89 87 Old Harbor 208, 218 Ouzinkie 178 161 Port Lions 204 194 Womens Bay 730 719 Remainder ofBornugh 4,603 4,590 TOTAL 13,870 13,592 Alaska Population Estimate 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 Akhiok 51 48 36 41 42 57 51 49 57 80 Aleneva 67 57 61 46 46 44 59 96 88 68 Chiniak 48 44 44 41 52 50 49 56 53 50 Karluk 38 38 40 34 35 32 28 27 29 27 Kodiak 6,626 6,541 5,796 5,670 6,139 6,210 6,109 6,100 6,173 6,334 USCG Base 1,321 1,235 1,974 1,887 1,977 1,764 2,189 1,939 1,758 1,840 Larsen Bay 79 68 89 83 97 96 95 107 113 115 Old Harbor 193 185 201 179 200 198 211 226. 236 237 Ouzinkie 170 168 166 172 189 187 172 189 204 225 Port Lions 200 191 193 196 220 240 233 227 246 256 Womens Bay 740 792 747 759 704 689 681 684 683 690 Remainder of Borough 4,327 4,587 4,317 4,349 3,992 4,006 3,940 3,943 4,025 3,991 TOTAL 13,860 13,954 13,664 13,457 13,693 13,573 13,817 13,643 13,565 13,913 Alaska Population Estimate 1999 1998 1997 1996 1995 1994 1993 1992 1991 1990 Akhiok 101 109 101 84 80 86 78 77 77 93 Aleneva 0 0 0 0 0 0 0 0 0 0 Chiniak 75 75 71 75 83 . 143 75 150 150 0 Karluk 41 48 48 57 58 65 74 71 71 82 Kodiak 6,893 6,859 6,749 6,869 7,620 7,428 7,581 7,229 7,229 6,787 USCG Base 1,831 1,703 1,746 1,871 2,049 2,066 2,016 2,129 2,129 `2,129 Larsen Bay 137 127 120 127 130 153 144 147 147 149 Old Harbor 276 297 301 316 310 311 307 284 284 322 Ouzinkie 256 252 246 259 259 221 210 209 209 216 Port Lions 243 242 239 264 263 264 259 222 222 300 Womens Bay 675 674 662 672 749 746 674 843 843 0 Remainder of Borough 3,461 3,462 3,898 3,464 3,799 4,092 3,827 4,174 4,174 '5,601 TOTAL 13,989 13,848 14,181 14,058 15,400 15,575 15,245 15,535 15,535 15,679 \\Dove\departments\CD\U CD-19 Econ Data\Census\Local Population\2011 Census Data.xlsx 1 oft Case No. 13oaa41jx Page 18 of 25 Public Hearing Item / A �c, P&Z June 19, 2013 1t $ "�; " �� ` � i . ks•q ill • k.ai: .'' •.'g� , .+s' r . 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' : , a: r t. + rw,�7 n' �+ 9{ r j•,Vil x .of n e !.f l t( + J rij , Sf.a °ti n rJt Q o tit,.5i t• 1 � >r� � '' . 1 y r� � }I♦ 1� 'h' sN:. �Lni v w= m rests v j 1 1 e °�. �p . 43�T C t r t�`y ?..A.,:,,, I 4s 4 �,6'`'' (( ^ ''�tl J \ t ' t ^, ttf,s' '�r' t� Li .?r SVEft4t n i. •V1 /I . t ' C.•,Y.5 r. y, c. � ., aL1 m• Case No. 13-027 Appendix Page 20 of 25 Public Hearing Item / A P&Z June 19, 2013 Request:aRezone, according tte .205.0300 Residential Impact O rezone Ice a 1t(, r 1- 3945pfn1(o]t�`li remainder CS Pe3g@ e3 13-012 /11144355,44355, comprisingtn3- Kodiak Island Borough Solid Kodiak Island Borough Waste Disposal a from©combination @Q PL-Public(ft tape E eC-Conservation Zoning District 5:DI-Industrial Zoning District 79,, if . lir /404,Jfrieril, : / /40 ,i, 4r1111. • P ot, Ht I 11 ts e o �7.41P � / ♦ o 1117W. t a�, 4 Legend , I Landfill Tract � Residential Impact S PPEn OP ,./'.1' Kodiak Island Borough GIS System 0 350 700 1,400 ztoo 2,800 Feet 1 This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey.More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at(907)486-9333. Case No. 13-027 Appendix Page 21 of 25 Public Hearing Item / A P&Z June 19, 2013 Residential Impact Zone_Type Use Legal_Desc 1 RR1 MHR ISLAND VISTA BK 1 LT 6 2 RR1 SFR USS 1678 TR C LT C-8 3 RR1 SFR USS 1678 TR C LT C-6 4 RR1 SFR USS 1678 TR C LT C-7 5 RR1 SFR USS 1678 TR C LT C-5 6 RR1 SFR USS 1678 TR B LT 7 7 RR1 SFR USS 1678 TR C LT C-4 8 RR1 SFR USS 1678 TR B LT 9 9 RR1 SFR USS 1678 TR B LT 6 10 RR1 SFR USS 1678 TR B LT 1 11 RR1 SFR USS 1678 TR B LT 5 12 RR1 SFR USS 1678 TR B LT 2 13 RR1 SFR USS 1678 TR B LT 3 14 RR1 SFR EAGLE RIDGE LT 1 15 RR1 SFR USS 1678 TR B LT 4 16 RR1 SFR ISLAND VISTA BK 3 LT 1 17 RR1 SFR ISLAND VISTA BK 3 LT 2 18 RR1 SFR ISLAND VISTA BK 3 LT 3 19 RR1 SFR ISLAND VISTA BK 3 LT 6 20 RR1 SFR ISLAND VISTA BK 3 LT 4 21 RR1 SFR ISLAND VISTA BK 2 LT 1 22 RR1 SFR ISLAND VISTA BK 2 LT 2 23 RR1 SFR ISLAND VISTA BK 2 LT 3 24 RR1 SFR ISLAND VISTA BK 2 LT 4 25 RR1 SFR ISLAND VISTA BK 2 LT 10 26 RR1 SFR ISLAND VISTA BK 2 LT 5 27 RR1 SFR ISLAND VISTA BK 2 LT 8 28 RR1 SFR ISLAND VISTA BK 2 LT 7 29 RR1 SFR ISLAND VISTA BK 1 LT 1 30 RR1 SFR ISLAND VISTA BK 1 LT 2A 31 RR1 SFR ISLAND VISTA BK 1 LT 5A 32 RR1 SFR ISLAND VISTA BK 1 LT 4A 33 RR1 SMA ISLAND VISTA BK 2 LT 9 34 RR1 SMA ISLAND VISTA BK 2 LT 6 35 RR1 VAC USS 1678 TR B LT 8 36 RR1 VAC EAGLE RIDGE LT 3 37 RR1 VAC EAGLE RIDGE LT 2 38 RR1 VAC ISLAND VISTA BK 3 LT 5 39 RR1 VAC ISLAND VISTA BK 1 LT 3A *5/ 39 = 13% Undeveloped Case No. 13-027 Appendix Page 22 of 25 Public Hearing Item / A P&Z June 19, 2013 Properties on the Road System Zoned Industrial Area Acreage Zone_Type Use Legal_Desc 1131.26570667000 0.03 IND VAC KODIAK TWNST BK 2 LT 20 1858.28252536000 0.04 IND VAC KODIAK TWNST BK 2 LT 6 2053.61606385000 0.05 IND VAC KODIAK TWNST BK 1 LT 16 2055.44687454000 0.05 IND VAC KODIAK TWNST BK 2 LT 5 2492.54508175000 0.06 IND IND KODIAK TWNST BK 2 PTN LT 13 3662.74090135000 0.08 IND VAC KODIAK TWNST BK 1 LT 15 3738.51433191000 0.09 IND VAC KODIAK TWNST BK 2 LT 3A 3812.71704863000 0.09 IND PARKING KODIAK TWNST BK 2 LT 8 3833.67276678000 0.09 IND VAC KODIAK TWNST BK 2 LT 3 4279.68307908000 0.10 IND WFB KODIAK TWNST BK 2 LT 12 4493.27148046000 0.10 IND IND KODIAK TWNST BK 1 LT 13A 4579.91863143000 0.11 IND WFB PORTION OF USS 1086 TL F 4816.46708674000 0.11 IND VAC KODIAK TWNST BK 1 LT 130 5286.39146325000 0.12 IND VAC NEW KODIAK BK 18 LT 5 5425.06418608000 0.12 IND PARKING KODIAKTWNST BK 2 LT 10 5600.88823357000 0.13 IND VAC KODIAK TWNST BK 2 LT4 5671.71906973000 0.13 IND VAC KODIAKTWNST BK 2 LT 19 6671.33374585000 0.15 IND VAC ATS 49 TR N-32B-1 7040.73902979000 0.16 IND WFB ATS 49 TR 2 7375.76143771000 0.17 IND VAC TIDELAND TRACT N-17A 7743.20814880000 0.18 IND VAC NEW KODIAK BK 18 LT 1 7913.89993789000 0.18 IND PARKING USS 1995 BK 2 LT 11 8442.62274736000 0.19 IND VAC KODIAK TWNST BK 2 LT 2 9499.99128553000 0.22 IND WFB ATS 49 TR 6 9659.61483952000 0.22 IND VAC KODIAK TWNST BK 2 LT 21 10153.61232440000 0.23 IND VAC KODIAK TWNST BK 2 LT 7 10817.19602050000 0.25 IND VAC KODIAK TWNST BK 1 LT 14 11443.01654050000 0.26 IND VAC KODIAK TWNST BK 2 LT 20 11509.24160440000 0.26 IND VAC ATS 49 TR 9A 12192.31958570000 0.28 IND CHR USS 444 TR A LT A MISSION RD 12596.83692700000 0.29 IND WFB NEW KODIAK BK 18 LT2 13017.83378320000 0.30 IND VAC NEW KODIAK BK 18 LT3 13574.30327700000 0.31 IND BUS KODIAK TWNST BK 2 LT 9 13672.46815400000 0.31 IND MFR PORTION OF USS 1086 TL C 17713.99897590000 0.41 IND WFB ATS 49 TR5 17720.30757690000 0.41 IND BR USS 444 TR A LT B MISSION RD 18023.08402180000 0.41 IND WFB USS 1086 PARCEL B 18769.26451320000 0.43 IND ACC LAKESIDE 2ND LT 1D 19367.44723300000 0.44 IND 1ST KODIAK TWNST BK 2 LT 1 21273.92209070000 0.49 IND WFB A PORTION OF ATS 49 NOTED AS TR N-17 21548.24483790000 0.49 IND WFB USS 1534 TR A SHELIKOF ST 24293.03024470000 0.56 IND VAC LAKESIDE 2ND LT 1C 24810.59843550000 0.57 IND VAC ATS 49 TR 9 25058.23530070000 0.58 IND VAC INDUSTRIAL PARK LT8 25144.36646830000 0.58 IND WFB USS 444 TR A LT D&A PRTN USS 559 25969.98715240000 0.60 IND WFB PORTION OF ATS 49 DESCRIBED AS TR N-28 27690.71748810000 0.64 IND WRH LAKESIDE 2ND LT 1B-2 27926.13224430000 0.64 IND WFB ATS 49 TR N-25A 28114.68800840000 0.65 IND WRH LAKESIDE 2ND LT 1B-3 28831.45890490000 0.66 IND VAC LAKESIDE BK 3 LT 1 30160.53324320000 0.69 IND WFB PORTION OF ATS 49 NOTED AS TR N-26 30762.87483169990 0.71 IND 1ST NEW KODIAK BK 18 LT 4A 32637.86709040000 0.75 IND WFB ATS 49 TR N-37A 33212.55034670000 0.76 IND WFB TIDELAND TRACT N-29A 33777.86415020000 0.78 IND WFB TIDELAND TRACT N-29B 36763.98151840000 0.84 IND WFB UNSUBD.PORT.ATS 49 TR N-15 37308.77320500000 0.86 IND VAC ATS 49 TR P-15 38559.24352050000 0.89 IND BUS ATS 49 TR N-18 39642.87720050000 0.91 IND GRS LAKESIDE BK 3 LT 2 42670.37301390000 0.98 IND WFB ATS 49 TR-18A 43995.00872490000 1.01 IND WFB USS 2537B,BLK 2 TR 164 44256.03373640000 1.02 IND WRH LAKESIDE 2ND LT lA-1 45987.05999270000 1.06 IND SFR ATS 49 TR P-19 Case No. 13-027 Appendix Page 23 of 25 Public Hearing Item / A P&Z June 19, 2013 Properties on the Road System Zoned Industrial Area Acreage Zone_Type Use Legal_Desc 48291.04763040000 1.11 IND WFB PORTION OF ATS 49 NOTED AS TR N-22 49351.24418310000 1.13 IND WFB ATS 49 TR N-14,N36,&N-41 49598.60713590000 1.14 IND WFB KODIAK TWNST BK 20 LT 1 57891.32743570000 1.33 IND WFB USS 25378 BLK 2 TR 16-B 60847.42340260000 1.40 IND WFB ATS 49 TR N-32A-1 61069.08482880000 1.40 IND IND SEAVIEW LT 9 62269.65009720000 1.43 IND VAC SEAVIEW LT 10 62437.15053300000 1.43 IND VAC BELLS FLATS TR D-1 OF TR A 62439.00103280000 1.43 IND WFB ATS 49 TR 4&PRTNOF USS 1086&TR D,E &PRTN OF C,USS 1086 63071.10088080000 1.45 IND WRH SEAVIEW LT5 63291.76825940000 1.45 IND WFB ATS 49 TR 1A 65463.85253810000 1.50 IND VAC ATS 1266 TR E ROUND ISLAND 68143.87109880000 1.56 IND WFB ATS 49 TR N-38A 70348.96986940000 1.61 IND IND SEAVIEW LT 14 71766.68507690000 1.65 IND VAC SEAVIEW LT 13 72369.94811080000 1.66 IND VAC ATS 1266 TR D GULL ISLAND 72689.31818030000 1.67 IND WFB ATS 1408 TR A 75006.50915930000 1.72 IND VAC SEAVIEW LT 19 77362.13307240000 1.78 IND VAC SEAVIEW LT 18 77870.34122070000 1.79 IND BR SEAVIEW LT11 77874.93231890000 1.79 IND VAC SEAVIEW LT 12 80140.09912270000 1.84 IND VAC SEAVIEW LT 17 82741.61730940000 1.90 IND WRH SEAVIEW LT 15 86937.76864950000 2.00 IND VAC BELLS FLATS TR E OF TR A 87040.33666310000 2.00 IND VAC SEAVIEW LT 16 90891.98640700000 2.09 IND WFB ATS 49 TR 3 AND USS 1086 TRACTS A,B AND A PORTION OF C 98081.54340520000 2.25 IND VAC SEAVIEW LT 6 98346.70346670000 2.26 IND VAC SEAVIEW LT7 107971.92345200000 2.48 IND WRH USS 3468 TR A 135756.07695100000 3.12 IND VAC ATS 955 TR A 141701.31850300000 3.25 IND VAC SEAVIEW LT 22 148628.66301500000 3.41 IND WFB USS 2539 PARCEL A&B WOMANS BAY 149950.54953700000 3.44 IND WFB NEW KODIAK BK 18 LT 6A-1 161064.11276900000 3.70 IND IND USS 1673 LT 2 PTN NAT'L MARINE FISH 170696.54468700000 3.92 IND VAC SEAVIEW LT 20 207878.13350600000 4.77 IND VAC USS 2539 TRA GIBSON COVE 210083.55191100000 4.82 IND VAC USS 1673 TR A 217995.15974800000 5.00 IND WFB USS 2735 TRA MIDDLE BAY 220634.57453600000 5.07 IND IND ATS 1408 TR C-1 228200.75408800000 5.24 IND VAC ATS 1408 TR B 234127.65700600000 5.37 IND IND USS 2537B(PIER 2-CITY DOCK) 252793.89844700000 5.80 IND VAC SEAVIEW LT 1A 252828.88368700000 5.80 IND BUS USS 1673 TR B 255028.45450700000 5.85 IND VAC SEAVIEW LT21 260571.62396200000 5.98 IND VAC USS 1673 TR A 323549.93174500000 7.43 IND VAC USS 1673 LT 2 PTN GIBSON COVE 335477.23649900000 7.70 IND 1ST 055 2539 PTN OF/MC11-1-001-1 495215.03476700000 11.37 IND VAC ATS 1266 TR F USKI ISLAND 568913.84488000000 13.06 IND VAC ATS 1266 TR D GULL ISLAND 741107.13210000000 17.01 IND IND BELLS FLATS TR A BK 3 ALL 1219440.05458000000 27.99 IND IND BELLS FLATS TRA BK 4 LT 3 Total Acreage= 232.63 Case No. 13-027 Appendix Page 24 of 25 Public Hearing Item / A P&Z June 19, 2013 Request:CI Rezone, according tic=27205.0304 Roadsystem Industrial QD rezone WA MU, , j- 394-5 nice remainder Pag Q 13-012 ' u 44355, comprising ngo@- Kodiak Island Borough Solid Kodiak Island Borough Waste Disposal ffIDa from e combination cg PL-Public Q Lie CI riC-Conservation Zoning District tic I-Industrial Zoning District ry, , e JO --->v) of eQ la (' • �.�Nq-rr IipO ,/' 9) 90 - v 0 J ((��V //�jy �' ro - . E-4 0 n O o a % O T 8 ( O - dc .nn e l °r � ' U t�6 j l Legend � a Parcels selection e r • I b trj (.\ ��° e b' fif itC. fa ‘-----0.11111440 Kodiak Island Borough GIS System 0 5,500 11,000 22,000 33,000 44,000 Feet This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodak Island Borough. This map does not represent a survey.More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at(907)486-9333. Case No. 13-027 Appendix Page 25 of 25 w KODIAK ISLAND BOROUGH Q° ''� AGENDA STATEMENT REGULAR MEETING OF: AUGUST 1, 2013 ITEM NO.: 9.B TITLE: Ordinance No. FY2014-05 Rezoning a Portion of Lot 1 United States Survey 2539 From C-Conservation To RR1-Rural Residential One Zoning District (P&Z Case No. 13-028, Kodiak Island Borough). ORIGINATOR: CDD Staff FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ® No Account Number: Amount Budgeted: ATTACHMENTS: Ordinance No. FY2014-05; P&Z Decision Letter; P&Z Case Packet 3,„APPROVAL FOR AGENDA: SUMMARY STATEMENT: The Borough Resource Management Officer has identified two (2) parcels of land suitable for disposal at a future land sale. Assembly Resolution No. FY 2013-08 declared the parcels surplus and eligible for disposal. Companion Case No. S13-023 affects the subdivision of the land into code compliant parcels. Prior to public disposal, a rezone to a suitable residential zoning district is required. The adopted plan guidance, and surrounding neighborhood, indicate that the Rural Residential One Zoning District is the most appropriate zoning district for the purpose of disposal. The Commission held a public hearing on June 19, 2013 on this request and found the request is consistent with the goals and objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. The Commission voted unanimously to recommend the Assembly approve this rezone request. , Public hearing notices were mailed out on Friday, July 19. Any responses will be given to the Assembly. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2014-05. Kodiak Island Borough Page 1 of 1 Introduced by: Borough Manager Requested by: P&Z Commission Drafted by: CDD 2 Introduced: 07/18/2013 Public Hearing: 08/01/2013 3 Adopted: 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2014-05 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 9 BOROUGH REZONING A PORTION OF LOT 1 UNITED STATES 10 SURVEY 2539 FROM C-CONSERVATION TO RR1-RURAL 11 RESIDENTIAL ONE ZONING DISTRICT (P&Z CASE NO. 13-028, 12 KODIAK ISLAND BOROUGH) 13 14 WHEREAS, the Planning and zoning Commission received a request to rezone a 15 portion of Lot 1 USS 2539; and 16 17 WHEREAS, at an advertised public hearing, consistent with KIB 17.205.040, the 18 Commission considered the merits of the rezone request; and 19 20 WHEREAS, the Commission voted to recommend to the Borough Assembly that this 21 portion of Lot 1 USS 2539 be rezoned finding that the public necessity, convenience and 22 general welfare and good zoning practice would be enhanced by such action; and 23 24 WHEREAS, the Commission hereby recommends that this rezone request be reviewed 25 and approved by the Borough Assembly. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 28 BOROUGH THAT: 29 30 Section 1: This ordinance is not of a general and permanent nature and shall not 31 become a part of the Kodiak Island Borough Code of Ordinances; 32 33 Section 2: A portion of Lot 1 USS 2539, described as Lots 1 and 2, Kashevarof 34 Heights Subdivision, is hereby rezoned from C—Conservation to RR1—Rural 35 Residential One. 36 37 Section 3: This rezone shall become effective upon the final recordation of the plat 38 subdividing a portion of Lot 1 USS 2539, creating Lots 1 and 2 Kashevarof 39 Heights Subdivision. 40 41 Section 4: The findings of the Kodiak Island Borough Planning and Zoning 42 Commission are hereby confirmed as follows: 43 44 17.205.020 A. Findings as the Need and Justification for a Change or 45 Amendment. 46 47 The community has expressed the need for additional residential land to be made 48 available for development purposes. The borough assembly has reviewed and 49 approved a number of surplus parcels for disposal. Some of these lots need to be 50 surveyed and zoned appropriately for residential development before they can be 51 included in a future land sale. Kodiak Island Borough, Alaska Ordinance No. FY2014-05 Page 1 of 2 52 17.72.020 B. Findings as to the Effect a Change or Amendment would 53 have on the Objectives of the Comprehensive Plan. 54 55 A rezone of the subject parcel(s) would be consistent with objectives of the 2008 56 Kodiak Island Borough Comprehensive Plan Update. A rezone of the subject 57 parcel would work to implement the Comprehensive Plan. 58 17.205.020 C. Recommendations as to the approval or disapproval of 59 the change or amendment. 60 The Kodiak Island Borough Planning and Zoning Commission recommends 61 approval of this rezone request. This recommendation supports the change to an 62 existing land use district boundary only. 63 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 64 THIS DAY OF 2013 65 66 67 KODIAK ISLAND BOROUGH 68 69 70 71 Jerome M. Selby, Borough Mayor 72 73 ATTEST: 74 75 76 77 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2014-05 Page 2 of 2 Aug 01 13 02:29p 9074872311 p.1 PUBLIC HEARING FORM Ordinance No. FY2014-05 Rezoning a Portion of Lot 1 United States Survey 2539 From C- Conservation To RR1-Rural Residential One Zoning District (P&Z Case No 13 4191 , u„Aiak Island Borough). RECEIVED ❑ This is in support of the rezone. 2 This is in opposition of the rezone. AUG - 1 2013 ❑ Other comments. BOROUGH CLERICS OFF KODIAK,ALASKA Ill Name: •J r � I. Residence Address: In SZ(o °e1 \C\ ,,mkr ( `bi, . }`c ,Si �Q , Mailing Address. rear', a t1 1?� 4�.a Comments: A . • —` :♦ 1!_.► ...t :■ ! . t..` &.L ft t !:d i .....-Z_,..11.• 1 1 .. • V . . , , .tt :\ • -•7 t• VS—:.l .•6- a • . ... . . \ r • w -+ .. ` t:Yt .. .'+'x'1. 1 • , :. N a ft •.c a. let -p.:.b •:-e •4. s�t f._.III . _p-:_� 7; D. I C_. :1 I • r(1! }} . f )(1$14. su'rLIIY��. b , 0. Qn C,AX 1tiszpuen•O OtiLCI rIks I C;Ad 4Gj4,•8[is St 4 ∎ ' t.1S•.. . . . ._• tJ.til. . 1 • ! e 11.4 g! 'J aL• .. _ _ t. ,• a., .t P t ,r& cs. . ""l r%Jas1, IckI Yl�u /,)- Om. Q ) SyDSJ t \ CQ�a le_) APtll& lit-4 a a �\f .•� ._ d . 1 . � -- - . . ra\'l)V.S . ... . . . s - . 1 _ ,_ in • Vt__ 'a I - c It . " To,. 4 I:_..\ . ` .' . _.f ! . 1 ._ - :a • 1 All 111 A. .• -at ' ti t% . a 11 e. I 1 .L ail: _ , !a • t •_ . Si1t1 re • a�l 6!11_ 1 tJ& _a.. 0` 1 ,_ , A 4 y CA.t• ' /IC.._.7I 11 a.•U ns P.: !b t... (� ' --{•t }_ •. % ht ' . (�, ' 1 tip 11 ts 11 JtoQo t o LJ- Xilo- � Vt_Th Y tt.aet a_n ,_; �.f�._g_cti h t t alt o Written comments may be su itted by email to c rks(a�kodia ak.us faxed�to 9077--486-939 , ma led or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on Thursday,August 1, 2013. Kodiak Island Borough *p /;;;i,: Office of the Borough Clerk 710 Mill Bay Road E Kodiak, Alaska 99615 ' ``' ' %', Phone (907) 486-9310 Fax (907) 486-9391 clerks @kodiakak.us NOTICE OF PUBLIC HEARING A public hearing will be held on Thursday, August 1, 2013, at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly to hear comments on: Ordinance No. FY2014-05 Rezoning a Portion of Lot 1 United States Survey 2539 From C- Conservation To RR1-Rural Residential One Zoning District (P&Z Case No. 13-028, Kodiak Island Borough). If you do not wish to testify verbally, you may provide your comments on the attached public hearing form and fax it to (907) 486-9391, email to clerks @kodiakak.us, or hand deliver to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on August 1, 2013. Comments favoring and opposing are encouraged. If you have any questions, please call 486-9310. Attachments: • Map • Public hearing form • Ordinance No. FY2014-05 Ordinance No. FY2014-05 Rezoning a Portion of Lot 1 United States Survey 2539 From C- Conservation To RR1-Rural Residential One Zoning District (P&Z Case No. 13-028, Kodiak Island Borough). / Ilk* Al. illillir4 ., bil�, .moo mo rar. id 1 � �ror, 1 gig 1 NW- e." -,,,44,r i ;lei 0 r vy,■ 1, `�) W. 4# �as � / F ,At,vaii,,,,w ,,. °'�`0:4t 4• ego ■./4 1 4.01tx d ,4,*,t,,,• ,,, 0.0 V Ste i °so' • , . • * • AO Areir i #.40 ..1 riovitz, 1 ppx Location of Jt * :4 Rezone Area 1 /\at 7 1 Kodiak Island Borough GIS S ystem *.s ." 0 900 1,800 3,600 5.400 7200 Feet This map was prepared horn the Kodiak Island Borough's GIS System It K provided for the purpose of showing the general Iocabon of a property wdhn the Kodiak!slant F.x , This map does ncyt represent a survey More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at(907)4869333 PUBLIC HEARING FORM Ordinance No. FY2014-05 Rezoning a Portion of Lot 1 United States Survey 2539 From C- Conservation To RR1-Rural Residential One Zoning District (P&Z Case No. 13-028, Kodiak Island Borough). ❑ This is in support of the rezone. ❑ This is in opposition of the rezone. ❑ Other comments. Name: Residence Address: Mailing Address: Comments: Written comments may be submitted by email to clerksCai7kodiakak.us, faxed to 907-486-9391, mailed or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on Thursday, August 1, 2013. Introduced by: Borough Manager Requested by: P&Z Commission 1 Drafted by: CDD 2 Introduced: 07/18/2013 Public Hearing: 3 Adopted: 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2014-05 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 9 BOROUGH REZONING A PORTION OF LOT 1 UNITED STATES 10 SURVEY 2539 FROM C-CONSERVATION TO RR1-RURAL 11 RESIDENTIAL ONE ZONING DISTRICT (P&Z CASE NO. 13-028, 12 KODIAK ISLAND BOROUGH) 13 14 WHEREAS, the Planning and zoning Commission received a request to rezone a 15 portion of Lot 1 USS 2539; and 16 17 WHEREAS, at an advertised public hearing, consistent with KIB 17.205.040, the 18 Commission considered the merits of the rezone request; and 19 20 WHEREAS, the Commission voted to recommend to the Borough Assembly that this 21 portion of Lot 1 USS 2539 be rezoned finding that the public necessity, convenience and 22 general welfare and good zoning practice would be enhanced by such action; and 23 24 WHEREAS, the Commission hereby recommends that this rezone request be reviewed 25 and approved by the Borough Assembly. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 28 BOROUGH THAT: 29 30 Section 1: This ordinance is not of a general and permanent nature and shall not 31 become a part of the Kodiak Island Borough Code of Ordinances; 32 33 Section 2: A portion of Lot 1 USS 2539, described as Lots 1 and 2, Kashevarof 34 Heights Subdivision, is hereby rezoned from C—Conservation to RR1—Rural 35 Residential One. 36 37 Section 3: This rezone shall become effective upon the final recordation of the plat 38 subdividing a portion of Lot 1 USS 2539, creating Lots 1 and 2 Kashevarof 39 Heights Subdivision. 40 41 Section 4: The findings of the Kodiak Island Borough Planning and Zoning 42 Commission are hereby confirmed as follows: 43 44 17.205.020 A. Findings as the Need and Justification for a Change or 45 Amendment. 46 47 The community has expressed the need for additional residential and to be made 48 available for development purposes. The borough assembly has reviewed and 49 approved a number of surplus parcels for disposal. Some of these lots need to be 50 surveyed and zoned appropriately for residential development before they can be 51 included in a future land sale. Kodiak Island Borough, Alaska Ordinance No. FY2014-05 Page 1 of 2 52 17.72.020 B. Findings as to the Effect a Change or Amendment would 53 have on the Objectives of the Comprehensive Plan. 54 55 A rezone of the subject parcel(s) would be consistent with objectives of the 2008 56 Kodiak Island Borough Comprehensive Plan Update. A rezone of the subject 57 parcel would work to implement the Comprehensive Plan. 58 17.205.020 C. Recommendations as to the approval or disapproval of 59 the change or amendment. 60 The Kodiak Island Borough Planning and Zoning Commission recommends 61 approval of this rezone request. This recommendation supports the change to an 62 existing land use district boundary only. 63 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 64 THIS DAY OF 2013 65 66 67 KODIAK ISLAND BOROUGH 68 69 70 71 Jerome M. Selby, Borough Mayor 72 73 ATTEST: 74 75 76 77 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2014-05 Page 2 of 2 NANCY KRACKE LORNE WHITE CHARLES PITTS PO BOX 2013 PO BOX 476 P.O. BOX 9038 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 PAIGE ANDERSON ETAL EDWARD GONDEK ALAN JUHLIN PO BOX 8892 PO BOX 1412 1059 PANAMAROFF CREEK DR KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 0 Ko i llak Isd ih' i 4 r rough * * / /r Vii, Community Development Department 710 Mill Bay Road ' �� Kodiak, Alaska 99615 `` `'`' " Phone (907) 486-9363 Fax(907) 486-9396 x as ,-7 www.kodiakak.us June 21, 2013 Mr. Bob Scholze, Borough Resource Management Officer Kodiak Island Borough 710 Mill Bay Rd. . Kodiak, AK. 99615 Re: Case 13-028: Request a rezone, per KIBC 17.205.030 A, to rezone a portion of Lot 1 United States Survey 2539 from C - Conservation Zoning District to RR-1 Rural Residential Zoning District, according to KIBC 17.205.020. Dear Mr. Scholze, The Kodiak Island Borough Planning & Zoning Commission at their meeting on June 19, 2013 moved to forward the request cited above, recommending approval, to the Borough Assembly. Please contact the Borough Clerk's Office at 486-9310 for information on when your case will be scheduled for a first reading and public hearing before the Assembly. According to KIBC 17.205.055 (Submission to assembly) of the Borough Code states: A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.205.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. The commission attached one condition of approval to their recommendation to the assembly CONDITION OF APPROVAL [1] The rezone of the subject parcels shall become effective upon the final recordation of the applicable plat. The commission adopted the following findings of fact in support of their recommendation to the assembly. FINDINGS OF FACT Section 17.205.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.205.020 A. Findings as to the Need and Justification for a Change or Amendment. The community has expressed the need for additional residential land to be made available for development purposes. The borough assembly has reviewed and approved a number of surplus parcels for disposal. Some of these lots need to be surveyed and zoned appropriately for residential development before they can be included in a future land sale. 17.205.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A rezone of the subject parcel(s) would be consistent with objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. A rezone of the subject parcel would work to implement the Comprehensive Plan. 17.205.020 C. Recommendations as to the approval or disapproval of the change or amendment. The Kodiak Island Borough Planning &Zoning Commission recommends approval of this rezone request. This recommendation supports the change to an existing land use district boundary only. Should this rezone be approved by the Kodiak Island Borough Assembly, you will still need to obtain permits for any construction activities. If you have any questions about the action of the commission, please contact the Community Development Department at 486-9363. „..,..24.4 Sincerely, a. 0... 9_0 Sheila Smith Secretary CC: Nova Javier, Borough Clerk Planning &Zoning Commission Public Hearing Item 7 E P&Z June 19, 2013 SUPPLEMENTAL MEMORANDUM DATE: June 7, 2013 TO: Planning and Zoning Commission FROM: Community Development Department SUBJ: Information for the June 19, 2013 Regular Meeting CASE: 13-028 APPLICANT: Kodiak Island Borough REQUEST: A rezone, per KIBC 17.205.030 A, to rezone a portion of Lot 1 United States Survey 2539 from C - Conservation Zoning District to RR-1 Rural Residential Zoning District, according to KIBC 17.205.020 LOCATION: NHN Panamaroff Creek Drive ZONING: C- Conservation Zoning District At the May 15, 2013 Regular Meeting, the commission voted to postpone the public hearing on Case No. 13-028 until the June 19, 2013 Regular Meeting of Planning & Zoning Commission This supplement contains additional information for the above referenced case that has been submitted since the May 15, 2013 Regular Meeting of the Commission. The Borough Resource Management Officer has submitted (attached) additional clarifying information responding to some concerns raised at the May meeting for the Commission's review. The principal clarification is the role (and options) of the Assembly in the expansion of the Road and Fire Service Districts. RECOMMENDATION Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation for approval. Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend that the Kodiak Island Borough Assembly approve a rezone, per KIBC 17.205.030 A, to rezone a portion of Lot 1 United States Survey 2539 from C - Conservation Zoning District to RR-1 Rural Residential Zoning District, according to KIBC 17.205.020, subject to one (1) Condition of Approval, Case No. 13-028 Supplemental Memorandum Page 1 of 4 Public Hearing Item 7 E P&Z June 19, 2013 and to adopt those findings in the Supplemental Memorandum dated June 7, 2013, as Findings of Fact for Case No. 13-028. CONDITION OF APPROVAL [1] The rezone of the subject parcels shall become effective upon the final recordation of the applicable plat. FINDINGS OF FACT Section 17.205.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.205.020 A. Findings as to the Need and Justification for a Change or Amendment. The community has expressed the need for additional residential land to be made available for development purposes. The borough assembly has reviewed and approved a number of surplus parcels for disposal. Some of these lots need to be surveyed and zoned appropriately for residential development before they can be included in a future land sale. 17.205.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A rezone of the subject parcel(s) would be consistent with objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. A rezone of the subject parcel would work to implement the Comprehensive Plan. 17.205.020 C. Recommendations as to the approval or disapproval of the change or amendment. The Kodiak Island Borough Planning &Zoning Commission recommends approval of this rezone request. This recommendation supports the change to an existing land use district boundary only. Case No. 13-028 Supplemental Memorandum Page 2 of 4 Public Hearing Item 7 E P&Z June 19, 2013 £} A. Kodiak Island Borough iftsv OFFICE of the MANAGER ,C C.. 710 Mill Bay Road , .Fr1 Kodiak,Alaska 99615 Ca' , it'' . `*s r Phone (907)486-9304 Fax(907)486-9374 1 *N °{ E-mail:rscholzeekodiakak.us F'r To: Planning and Zoning Commission From: Bob Scholze, Resource Management Office Date: May 28, 2013 Re: Case 13-028 (Rezone of Lots 1&2, Kashevarof Heights Subd.) This updates my staff report dated April 30, 2013, providing additional information. This rezone case accompanies subdivision Case S 13-023, both of which were postponed from the Commission's May meeting. As previously mentioned, the area encompassing these proposed lots at the end of Panamaroff Creek Drive in Womens Bay was reviewed for disposal in Case 13-002, which sought to identify Borough property on the road system suitable for residential use as future land sale candidates. By Resolution No. FY 2013-01, the Commission recommended to the Assembly that the property be declared surplus to the public's need and made available at a future land sale, which was subsequently accomplished by Assembly Resolution No. FY 2013-08. Originally three potential lots were identified, but the area suitable for disposal has been scaled back to two lots in the preliminary plat (Case S13-023) for protection of drainage and wetlands. The area comprising proposed Lots 1 and 2 is adequately elevated alleviating those concerns. They slope generally to the northwest, providing for good drainage and affording a view of the bay. According to the revised preliminary plat, access to the proposed lots will be provided by right-of-way dedication extending Panamaroff Creek Drive. The Womens Bay Service Area Board has noted that these properties are outside of the existing service area boundary established by Ordinance 75-26-0, and subsequently expanded by Ordinance No. 93-50. The expansion of a service area is initiated by introduction of an ordinance by the Assembly effecting the proposed action (KIBC 4.05.040). Since there are no voters living in the area that would be affected by this ordinance, an election as referenced in K1BC 4.05.060 is not Case No. 13-028 Supplemental Memorandum Page 3 of 4 Public Hearing Item 7 E P&Z June 19, 2013 required unless the Assembly should find that the entire service area is affected by the proposed action. The zoning proposed for these two lots is RR1--Rural Residential One, consistent with the surrounding residential zoning and with the 2008 KIB Comprehensive Plan Update (Figure 4-10). The lots well exceed the 40,000 sq. ft. minimum required in the RR1 zoning district. Additionally, proposed conditions #7 and #8 of subdivision approval require documentation provided by a registered engineer attesting to the adequacy of the property for septic installation satisfying ADEC requirements in support of the proposed density, and availability and adequacy of potable water for domestic purposes. In related Case 13-003 last August, the Commission took into consideration a request for disposal of proposed Lot I through direct negotiation with the owner of the adjacent property (Lot 26-C) rather than offering it to the public at a future land sale by competitive bid. The Commission recommended against disposal by direct negotiation with only one property owner. However, the Commission did see fit to recommend that the Assembly consider granting a preference option to the applicant in Case 13-003 if she is still the owner of adjacent Lot 26-C at the time of the future land sale, and if the Assembly is convinced that the needs of the applicant are compelling and persuasive. Case No. 13-028 Supplemental Memorandum Page 4 of 4 Public Hearing Item 7 C P&Z May 15, 2013 Request:a rezone,p p R?205.0304 j' Location ft) ezonep portion cf1 4 i -` P&Z CgppGa 13-028 tOfiul@oConservation Zoning Distrieta Kodiak Island Borough Gan Rural Residential Zoning District, according la)I ©g .205.020. i / Irk, A41.1 4-1414,AlraSa -Ne`z- r. iss-07e maatiAbsp alibis( aea..a�od��Irit�1� a\- �?tr. 4047 1� i osib- 10,4 4 i 0 410-44.*.s ., ,$) A - tit a /loins, �� \k lit II tal,"%it'xior tiy j /1111 It ' 4, 4- 144 lit* a 4 V\It 1'44.#4:141 \\ i 0 411V41,017 / ttle a II__ __,..„ 7 ), orfra *ass Air ,q0o pd0 +011# Ms Appx Location of ppPOo 144lI�� S Rezone Area 1/\ 11 ,„. Kodiak Island Borough GIS System a e .!a 1.0 n. , 0 900 1800 3,600 5,400 7,200 Feet I This map was prepared from the Kodiak Island Borough's G15 System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey.More information about the mapping data can be obtained by contatling the Kodiak Island Borough IT Department at(901)486-9333. Case No. 13-028 Introduction Page 1 of 3 Public Hearing Item 7 C P&Z May 15, 2013 `-_: . Kodiak Island Borough Zoning Map Community Development Department ( ri Zoning Request:A rezone (; C U.205.0304 03 rezone®portion anag 3mOQx a P&Z(§539 li a 13-028 ea Conservation Zoning Dist rlet compa Kodiak Island Borough Rural Residential Zoning District, accordingQ)CE ct: 0.205.020. . V 'is © c 1:. v xP6r fr - ra �g, m +p Y.. a p . b ? a �4fr i fr. 1.• a ��Y fr 'y` ,t x 3E 'tJSS e s � ' 7 !M1Y3j ri •'` 'I n -�s d fry .1") L ON lik ilk.rissarisii::::4;1'..„:7:i i .stik L.4 1011 so rie:41, - aiiIIIP Appx Location of Rezone Area 1 Zoning Legend Public Use Lands Rural Residential 1 Multi Family Residential I Light Industrial A Watershed Rural Residential 2 r ` Business Rural Neighborhood Commercial Conservation Single Family Residential Retail Business Urban Neighborhood Commercial Rural Residential Two Family Residential Mli Industrial Natural Use 1 This map was prepared from the Kodiak Island Boroughs GS System It is provided for the purpose of showing the genial bcaeon of a property within the Kodiak Island Borough. This map does not represent a survey.More information about the mapping data can be obtained by contaaing the Kodiak Island Borough IT Department at(907)486-9333. Case No. 13-028 Introduction Page 2 of 3 Public Hearing Item 7 C P&Z May 15, 2013 Omftsig Overlay Request:Q rezone,pc-rrCKD6aa.205.030 A, QD rezone®portion coua=mania) P&Z @Egg(jt,}a 13-028 G=Conservation Zoning DistrictQ'jG&a Kodiak Island Borough Rural Residential Zoning District, according QDC=a?20.5 020. w YX° 4. ip t` '+ r • i may. e* p k ..`.�+ /yam}_ ' jet ' - j 1 4 _ ,. °` A u Dd 1 ' fi y4 . yl.- f f' it a 1 A bw 01.17 � ` fl. ___ , Appx Location of , i i, iY f Y , SAY i.' 1A 4-J' fret .# n F! q - t Rezone Area 7< y ." , ; ' y 'pqM^'T s fi if,, I -s #' , , H *di�"z a -sat; t ay 4 a - - " � e#r, J 1 s " r n. . 1.7 , f - s ii i y:F "et./ fia,�+'rb y-r w .,1 ' "lII n f. $^ xt r J. A*" # t;. _ , s s -m o e 4 w f ' Y tJ �/ ' p � 'C 5 ,�- .,`.af : ' a ..,". x , w- s - i, r7 -. y t y a � fii 9 ° .4 Ill r� I Kodiak Island Borough GIS System 0 100 200 400 600 00 Fe I This map was prepared from the Kodiak Island Boroughs GIS System. It is pov�ded for the purpose of showing the general to tion of a popery withn the Kodiak Island Borough. This crap does not represent a survey.More irtonretion about the mappng data can be obtained by contatling the Kodiak Islantl Bomugi IT Oepadment at(907)4669333. Case No. 13-028 Introduction Page 3 of 3 Public Hearing Item 7 C P&Z May 15, 2013 r ( "Sutinif b'y,Em_'ail�' Kodiak Island Borough is P,npt FOrm ,q; Community Development Departm 2 r' rfa 710 Mill Bay Rd.Rm 205 I-1 E © f� jJ v ci 1' gii. y Kodiak AK 99615 lJ L `t Ph.(907)486-9362 Fax(907)486-9 httpi/www.kodiakak.us APR - 1 2013 PROP_ID40,r/TSSrW,c4 COMMUNITY DEVELOPMENT DEPARTMENT Application for Rezone KIBC 17.205 The following information is to be supplied by the Applicant: Property Owner/Applicant: Kodiak Island Borough Mailing Address: 710 Mill Bay Rd.,Kodiak AK 99615 Phone Number: 486-9304 Other Contact email,etc.: rscholze @kodiakak.us Legal Description: Subdv: Ptn.Lot 1,USS 2539(proposed Lts 18r2,Kashavarof Sub. Block: Lot: Street Address: NI-IN Panamaroff Creek Dr. Current Zoning: Conservation KIBC 17.50 Proposed Zoning: RR1 KIBC 17.70 Applicable Comprehensive Plan: 2008 KIB Comprehensive Plan Update Explanation of the need&justification for a change or amendment of zoning: This is consistent with Assembly direction to identify land on the road system suitable for disposal for residential use.There has been in recent years a shortage of developable lots on the market. This property,consisting of 2 proposed lots,is adjacent to existing RR1 zoning,in close proximity to existing infrastructure,and characterized by gentle slopes affording a view. Explanation of the effect such a change or amendment would have on the objectives of the applicable comprehensive plan: This rezone is consistent with the Proposed Future Land Use of rural residential as designated in the 2008 KID Comprehensive Plan Update(p.86), It is also consistent with the land use goal policy for the Womens Say area to"...increase the supply of private land to allow for community growth(p.91),"as well as the land use goal implementation action to"...encourage new residential development while maintaining a minimum lot size of RR1(40,000 square feet)(p.91). The size of the two proposed lots will be nearly double the minimum required for the RR1 zoning district. 1� b2S Date: ) Signature: Cf4 R /11644.0(444.0) ��y.,,•,, Case No. 13-028 Application Page 1 of 6 Public Hearing Item 7 C P&Z May 15, 2013 CDD Staff Certification Date: CDD Staff: Payment Verification Fee Payable in Cashier's Office Room#104-Main floor of Borough Building Not Applicable r $0.00 Less than 1.75 acres: r $350.00 1.76 to 5.00 acres: $750.00 5.01 to 40.00 acres: r $1.000.00 40.01 acres or more: r $1,500.00 Case No. 13-028 Application Page 2 of 6 E D9'OI'01' N m a \ nn<r 04906,1 tro OWNERSHIP AFFIDAVIT ~ 124 qt BB 54 v�F.u� a Y / cowctt my '. g E 05: gat S a Tare u ufmn PA resat VIM.1•1115..755 .n¢n urn : N «I _ e NM+®Rep @R,�Q�I 110417220.00' A� �, •ra..mwmwl Mac am RCM OM ��- T/ ��` CHEEK ne',...�� bit , --I ��4� ..,�� Arai T a'so Ca -D7.. PANAMA/la c.. -' , 1t �,AO or_ • W III s 04111111/ d d \L VINCINITY MAP o a -1 `�\� NOTARY ACKNOWLEDGMENT I al Y ..: 1 t Cw Ms MP9Mm_-_uR P • as LC)i\ 2 LEGEND I v x f � 76 422 S9 Feet)r__ O S £ee U A {eM() $ET 2gLUMINUM GP ~p y 6 A�! �-j a) 0 FOUND I ALUMINUM CAR A ro I FE FOUND 3' BRASS CAP C m g I ft` 4' d I C LOT 2C > �T { �� $0e'O� TAX CERTIFICATE O Y Z / � ■iN@rflID SAP ¢i 11Ws QM WV YO MAO It C7 ? / ten arum q v as Ps w/e.rsa n M cm set sou U LOT 20 Z L/) Al N •NA ' NOTES: m r$ nl6ura AUC rrYP MI d EASEMENTS, COVENANTS,RESERVATION,S SERVITUDE'S. m @ / / Q Z RESTRICTIONS. BJET AND RIGHTS OF WAY OF RECORD. mu eAt MOW 4w 2. SUBJECT TO AL COPY RIGHT SIDE > I � ED3. SITE ZONING RRt RURAL RESIDENTIAL CD ///< 1. $T. DENNY$UNG INC. ASSUME$ NO O u'e u 1e S PUi MPRGVAL Q RESPONSIBILITY OR UASILITY FOR ANY ERRORS < p^ � , cos ua nwf0t AC IOM nary. M OR OMISSIONS OF ANY KIND WHATSOEVER IN N -k-"� 'am TERMS OF CONTENT SHOWN HEREON AND DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS . 5 AP A Pars we EXPRESS OR IMPLIED, TO THE CONTENT INTO S s IU'?� IItRfi¢mr*u ms Ant ur uc6.me.VVmMmy sm O ANY MATTER RELATING TO PIE INFORMATION n m ;% / COX WI.SHOWN HEREON. o roam RU h 5. LOTS 1 & 2 SHALL HAVE ACCESS THROUGH '�I \ / '� CURRENT GRAVEL DRIVE WITHIN THE EXISTING ' _� mu an, RIGHT-OF-WAY. e rf Y9 -� f yyu, ., v 5. THE 40 FOOT ROAD EASEMENT SHALL BE RS`)cT`/�_CALM RESERVED FOR FUTURE DESIGNATION AS ROAD _ t 12' i mmCH79Cn PR RIGHT-OF-WAY UPON FUTURE EXTENSION OF m°n` ROAD. /r � /% W. stet 0T T. LOTS ARE VACANT ANO NO lfiILMEG WERE t i -4 REMAINDER LOT 1 Af• _I FOUND OR LOCATED. U.S. SURVEY 2$79 • tar YC , atom sem vs*cow ow m ran PER x0014% BOROUGH ZONING CODE x' m ` ""'A� .+"emrr 'mat us'POO A SUBDIVISION OF BASIS OF BEARING-NORTH AMERICAN DATUM 83. LOT I U.S. SURVEY Y69O BASIS OF ROTATION- HOLDING 3"BRASS CM MONUMENT FOUND .ter/ CREATING LOTS I AY AT THE SOUTHEAST CORNER OF LO1 2C AND ROTATING TO 1.5"ALUMNINUM CA= � .CASHEYAROF HEIGHTS SURDIVSION FOUND At THE NORTHEAST COR`IDER OF LOT 2C. ,, �y. KODAK &REMAINDER LOT I U.S.S. 2599 Law REFERENCE-21415 �}[. 4 Olaf: ^tr PLAT NUMBER 69-I RECORDED IN THE RODIN( RECORDING DISTRICT. ttt�nr 3AXI -r-ll ve GiREC➢RDING DISTRICT PUT NUMBER 69-2 RECORDED IN THE 40055 RECORDING DISTRICT. ']AV fff��/� ( Rt' .A.„r ./r 19-023 PUT NUMBER 90-S0 RECORDED IN ME KODAK RECORDING DISTRICT. ^aa U.S. SURVEY 2579 RECORDED IN THE ADMAN RECORDING D'STRICT. KODIAJt ISLAND POROUCS? 7/0 MILL BAY RD.. KODIAK.. AE 99615 .ttA .t AR a wAVt.r DD. m (nrlur-4tr U Kodiak Island Borough E n, Journal Edit Listing • v Y O Journal Journal vp Department Number Type Sub Ledger G/L Date Description Source Reference Journal Pype N ti 120-Finance 2013-00002045 JE O1. 04/01/2013 BOROUGH PURCHASE OF v > PERMITS = r0 C G/L Date C./I Account Number Account Description Descnpeon Soul cc Debit Amount e'mmt Amount N 04/01;2013 210-231 450 240 Filmg.Recoid Fees BOROUGH PURCHASE OF PERMITS 750 00 0- CL d 0410IR013 210 101.100 Cash In Bank-Welts Fargo BOROUGH PURCHASE OF PERMITS 750.00 04/01/2013 100 101.100 Cash In Bank-Wells Fargo BOROUGH PURCIASE OF PERMITS 75000 04/01/2013 100-000322.1]0 Zoning Change Fee BOROUGH PURCH 4SE OF PERMITS 750.00 Number of Entries 4 S1.500 00 51,500.00 LC) O v oD CO a C O 0 U Q a Q Co N O en a—I O Z v ro r0 U User: Marilyn Ordal Pages: 1 of 1 4/1;2013 3:19:08 PM Public Hearing Item 7 C P&Z May 15, 2013 Kodiak Island Borough .5t t //,q,f OFFICE of the MANAGER f'+�;1• 710 Mill Bay Road Kodiak, Alaska 99615 i ;*.- Phone (907) 486-9304 Fax (907) 486-9374 Q 1 `\. "<<i Email rscholzc o Aodiakak.us To: Planning and Zoning Commission From: Bob Scholze, Resource Management Officer Date: April 30, 2013 Re: Case S 13-023 (Lots 1&2, Kashevarof Heights Subdivision) Case 13-028 (Rezone of Lots 1&2, Kashevarof Heights Subdivision) The area encompassing these proposed lots at the end of Panamaroff Creek Drive in Womens Bay was reviewed for disposal in Case 13-002. By Resolution No. FY 2013-01, the Commission recommended to the Assembly that the property be declared surplus to the public's need and made available at a future land sale, which was subsequently accomplished by Assembly Resolution No. FY 2013-08. Originally three potential lots were identified, but the area suitable for disposal has been scaled back to two lots in the preliminary plat (Case S13-023) for protection of drainage and wetlands. The area comprising proposed Lots 1 and 2 is adequately elevated alleviating those concerns. They slope generally to the northwest, providing for good drainage and affording a view of the bay. A forty (40) foot wide road access easement is designated as an extension of Panamaroff Creek Drive to provide driveway access by flagstems to the two lots. As noted by the Womens Bay Service Area Board this road easement and the properties themselves are outside of the existing service area boundary established by Ordinance 75-26-0, and subsequently expanded by Ordinance No. 93-50. Expansion of the service area, which requires an election according to KIBC 4.05.060, would be appropriate prior to sale of the properties, and it would make sense for that to include other suitable areas under consideration. Case No. 13-028 Application Page 5 of 6 Public Hearing Item 7 C P&Z May 15, 2013 The zoning proposed for these two lots is RR1 Rural Residential One (Case 13- 028) , consistent with the surrounding residential zoning and with the 2008 KIB Comprehensive Plan Update. Even excluding the area of the flag stems within the road easement, the lots well exceed the 40,000 sq. ft. minimum required in the RR1 zoning district. A standard condition of approval would require documentation provided by a registered engineer attesting to the adequacy of the property for septic installation satisfying ADEC requirements in support of the proposed density. Each lot must also provide access to an adequate amount of potable water for domestic purposes. Case No. 13-028 Application Page 6 of 6 Public Hearing Item 7 C P&Z May 15, 2013 j ,t, Kodiak Isl nd ®rough jR et. Community Development Department `'^ �?'-.e 710 Mill Bay Road Room 205 's1i;y. Kodiak, Alaska 99615 ,Y x • Phone(907)486-9363 Fax(907)486-9396 www.kodiakak.us April 5,2013 Mr. Bob Scholze,Borough Resource Officer Kodiak Island Borough 710 Mill Bay Road Kodiak,AK 99615 Re: Case 13-028. Request a rezone, per KIBC 17.205.030 A, to rezone a portion of Lot 1 United States Survey 2539 from C - Conservation Zoning District to RR-I Rural Residential Zoning District,according to KIBC 17.205.020. Dear Mr. Scholze: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their May 15,2013 regular meeting.This meeting will begin at 6:30 p.m. in the Assembly Chambers,710 Mill Bay Road,Kodiak,Alaska. Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting, on Wednesday, May 8, 2013 at 6:30 p.m. in the Borough Conference Room (#121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for the regular meeting. The public is welcome to attend the packet review work session; however,the work session is not for the purpose of receiving public testimony. Applicants who wish to present testimony and/or evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such information in person. Please contact the Community Development Department at 486-9363 if we can answer any outstanding questions or provide additional information.In advance,thank you for your cooperation. Sincerely, hl c c:Chry‘ ' Sheila Smith,Secretary Community Development Department Case No. 13-028 Public Comment Page 1 of 9 Public Hearing Item 7 C P&Z May 15, 2013 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak,Alaska 99615 (907)486-9363 April 5, 2013 Public Hearing Item 7-C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, May 15, 2013. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 13-028 APPLICANT: Kodiak Island Borough AGENT: Bob Scholze, Borough Resource Officer REQUEST: A rezone, per KIBC 17.205.030 A, to rezone a portion of Lot I United States Survey 2539 from C - Conservation Zoning District to RR-1 Rural Residential Zoning District, according to KIBC 17.205.020. LOCATION: NHN Panamaroff Creek Drive ZONING: C-Conservation 'Ellis notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally,you may provide your comments in the space below or in a letter to the Community Development Department.Written comments must be received by 5 pm,on Tuesday, April 30, 2013 to be considered by the commission. If you would like to fax your comments to us; our fax number is: (907) 486-9396 or you may email them to ssmith@kodiakak.us.kodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The toll free number is 1-855-492-9202. One week prior to the regular meeting, on Wednesday, May 8. 2013, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room(#121),to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. Your Name: Mailing Address: Your property description: Comments: Case No. 13-028 Public Comment Page 2 of 9 W ll ±T1 °"AT' P220.00' Q �. OWNERSHIP AFFIOAVIi + D arms, . ^ T EO»<. , OS'_ TB1750 � _ �� 188,56 a P AX PK Km i mPaaMwvu u+axmMLA WAWA ACM. nDv POE C0100 N ®awl�bWO PAX rats fm 1 0At p WC.--1: , � =m r — � CEEEK RD . 1 B L ��* �M �� \�� A ,E � � �' y ` fa� VINCINITY MAP - N�® NOTARY ACKNOWLEDGMENT IDR p .6 N� sea w ma n o«em ml in(D LEGEND ; £n !.Y S290a Sq. Fsef . i ry611 A9re:ee! /l/^--1 Z C SET 3 ALUMINUM CAP v"y,_ R ACree �o I • 0 FOUND LS ALUMINUM CAP A y -1 m '� , I W ® FOUND 3' BRASS CAP C p N ) I/ r I L/9 t2 I VI a) f N - ab ON I' O L07 2C z J`d" ° TAX CERTIRCATE IV h / LT SSS @071Mr.9.'R¢T MCtM 0010 H4MBY0BMCW 000 AA C NOTES; LOT 2B m / PA A.•HAL uaWn SC uew .e ma am aXwl 0 �I S 1. SUBJECT TO ALL CONDITIONS, SERNNOE'S. Z $ /„..... :ow a� ^�—owx an EASEMENTS. COVENANTS. RESERVATION, u n RESTRICTIONS AND RIGHTS OF wAT DE RECORD. N mK e4 PPPw o 2, SUBJECT TO ALL COPY RiAL LAWS, C]. SITE ZONING . RR1 RURAL RESIDENTIAL • �'O A. ST. DENNY SURVEYING INC. ASSUME$ NO O wn$ nPIAi APPROVAL RESPONSIBILITY OR LIABILITY FOR ANY ERRORS 3 OR OMISSIONS CO OF ANY KIND HEREON IN N E.a^ / I • °W�°'"�'� �' TERNS OF CONTENT SHOWN HEREON ANO aW DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS . �. 1 `L rIPAC 7 EXPRESS OR IMPLIED, TO THE CONTENT INTO L y3•/ ANY MATTER RELATING TO THE INFORMATION o n (� Ai 1, 8 MS 15 10 00 AP mw a 3 PAY+xmm..�A¢m.a¢v¢.c 03 SHOWN LOT HEREON. _ ma®rn_ma au d 5. LOTS 1 R 2 SHALL HAVE ACCESS THROUGH 1 (0 CURRENT GRAVEL DRNE WITHIN THE EXISTING �" / AIWA eaR• (0 -OF-WAY. J 1 I £! .0 ' (1.3 ENO FOOT ROAD DESIGNATION SHALL BE I I �� °°^m N. FEHT-DF FOR FUTURE DESIGNWON AS ROAD 1 4 1, %T`� O RICHT-OF-WAY UPON FUTURE EXTENSION OF v P rM I j Y mean ttDOd�P LO--- ^r 8 . / 'Aa.. Lp 7.OUNDS ARE VACANT AND NO UTILITIES WERE - REMAINDER LOT 1 XR� "`"°'" FOUND OR LOCATED. C.f., ' m W _ _ U.S. SURVEY 2539 _ �� e�. PER KODAK BOROUGH ZONING CODE - _ ei'�--"' W..®.r ,,. RC C N -® A SUBDIVISION OF 9.515 OF 8EABING-NORTH AMERICAN DATUM 83. LOT 1 U.S. SURVEY 2539 K n cm r BASIS OF ROTATION-CORNER HOLDING Y BRASS 4D MONUMENT FOUND �Ja� + CREATING HEIGHTS 1 A. P GOTS AT FOUND AT THE N i CORN[e OF IE 7C AND ROTATING TO 1.5'4UMNINUM CAP P4b 1 EASHMVARD£HEIGHTS SURDrv.10N �F CO FOUND Ai ME NORTHEAST CdMOfR OF LOT ZC. p 0 cog tr REMAINDER LOT 1 U.S.S. 2599 Ansa In REFERENCE-PAYS - A FAR:3 EOOIARN RECORDING DISTRICT N = PUT NUMBER 69-1 RECORDED IN THE KODIAK RECORDING DISTRICT. /lygN,/f /'_$p{ PLAT NUMBER 69-2 RECORDED IN THE KODIAK RECORDING DISTRICT. ✓:' ,.'- • .J U. NUMBER 90-50 R CORDED IN IN THE AKMR RECORDING DISTRICT. U.S.S. SURVEY 3539 RECORDED IN 1RE KOpNK RECORDING D'STRIGi, M KODIAK BAY ISLAND HORDE 99 W j ?to MILL BAY RD., KODIAK, AN 98816 J PP w PIA r.n �Sum':TINE(TIE. .rr-aa. V n Public Hearing Item 7 C P&2 May 15, 2013 Location NHN Panamaroff Creek Dr. Case 13-028 Applicant Notification Area Map Kodiak Island Borough/ Bob Scholze-Agent eji N t,T 961 he m 3 VI NIP d V 2 p o- A. yy 3 2 Eby ebc> Is. ', m 2 8s ,,Q' n. 4/d,,,,,9 2 &) �J'� B93 tip t O bj Mir yyObb�90 b 9 bi✓bof 1°59 9,g . 101 06 "'° Proposed Lots 7, hW N Or ry U M M N b ry /\ N yap;J• Kodiak Island Borough GIS • .r>; Legend w J E Feet It 0 z3s aI r° 9i° I II Notification Area s This map was prepared from the Kodiak Island Borougt's GIS System. It is prowled for the pupose of showing the general location of a property within the Kodiak Island Borough. This map does not represerl a survey.More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at(907)486-9333. Case No. 13-028 Public Comment Page 4 of 9 Public Hearing Item 7 C P&Z May 15, 2013 first_name last_name Mail_Line_ Mail_City Mail_State Mail_Zip NANCY KRACKE ETAL PO BOX 2013 KODIAK AK 99615 LORNE WHITE PO BOX 476 KODIAK AK 99615 CHARLES PITTS P.O. BOX 9038 KODIAK AK 99615 PAIGE ANDERSON ETAL PO BOX 8892 KODIAK AK 99615 EDWARD GONDEK PO BOX 1412 KODIAK AK 99615 ALAN JUHLIN 1059 PANAMAROFF CREEK DR KODIAK AK 99615 KODIAK ISLAND BOROUGH 710 MILL BAY ROAD KODIAK AK 99615 Case No. 13-028 Public Comment Page 5 of 9 Public Hearing Item 7 C P&Z May 15, 2013 Apr 30 13 03:23p 9074872311 p.1 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Read,Kodiak,Alaska 99615 (907)486-9363 April 5,2013 Public Hearing Item 7-C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, May 15, 2013. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the ,following request: CASE: 13-028 APPLICANT: Kodiak Island Borough AGENT: Bob Scholze, Borough Resource Officer REQUEST: A rezone,per KIBC 17.205.030 A, to rezone a portion of Lot 1 United States Survey 2539 from C-Conservation Zoning District to RR-1 Rural Residential Zoning District,according to KIBC 17.205.020. LOCATION: NHN Panamaroff Creek Drive ZONING: C-Conservation This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. II you do nor wish to testify verbally,you may provide your comments in the space below or in a letter to the Community Development Department Written comments must be received by 5 pm,on Tuesday,April 30,2013 to he considered ht the commission.If you would like to fax your comments to us.our fax number is: (907)486-9396 or you may email them to ssntith@kodiakak.us.If you would like to testify via telephone,please call in your comments during the appropriate public hearing section of the meeting. The local can-in telephone number is 486-3231.The toll free number is 1-855-492-9202. One week prior to the regular meeting,on Wednesday,May 8,2013,a work session will be held at 6:30 p.m.in the Kodiak Island Borough Conference Room 0121).to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights,please fee]free to call us at 486-9363. Your N.me:C1 Cir„f KLn„4>C Mailing Add ress:''.A .A,13o4.3 ),4..,tJ AP 9961F Your property description -• 1 '. .. _- [. ,4._'i1 ...� .(Commrnrc i C Ctd-k n -rk Case No. 13-028 Public Comment Page 6 of 9 Public Hearing Item 7 C P&Z May 15, 2013 Apr 30 13 03:24p 9074872311 p.2 Rezone from Conservation to RR1 Please reference your Case Number 13-028 requesting a rezone a portion of Lotl United States Survey 2539 from C-Conservation Zoning District to RR-1 Rural Residential Zoning District. I would like to see the rezoning request of a portion of Lot 1 United States Survey 2539 from Conservation to RR-1 Rural Residential Zoning District DENIED for the following reasons: 1. The area has traditionally been used for recreation in the form of walking,biking,running,skiing, horseback riding to name a few. 2. Residents in Bells Flats have minimal park like areas set aside for children and adults. 3. lust this last fall 3 gentlemen from the States(Kentucky&Missouri)visiting our Island were out for a drive to see more of the Island before they left on the late evening plan e. They had driven out the road following a map which showed a park on Panamaroff Creek Drive. They inquired of me(I was cleaning out debris from the creek)as to where the park was. I asked what park and they said"Panamaroff Creek Drive Park". I asked how they knew of the park and they said the map they had showed them one at that location. They said they had planned to go to the park to eat their purchased lunch,relax and enjoy the scenery. I asked if they had seen the basketball hoop&the bench up the street and they said yes they had. So I had to tell them that was the park. They were incredulous and started laughing. One gentleman said"Here you are a very wealthy state and that is all you have for a park?" Told them I was very sorry,but yes,that was it. Needless to say,It was sad to have to admit to some tourists that yes,that was our park.I know there has been over$100,000.00 earmarked for a park in the area for a couple of years. The land the borough wants to rezone for more housing would be a wonderful park area since so many folks already enjoy the no traffic trail to walk,bike, run,ski,horseback ride and take pictures,and harvest berries. 4. The current bench and basketball hoop that serve as our park offers very little to the Bells Flats residents,not to mention it is located in a poor area that allows very little,if any,room for expansion. In the 23 years I have lived in the flats,I have seen a minimum of activity at the park except far 4 wheelers off&on. At one time folks used to make a skating rink out of it in the winter for their children,but that was in the early 90's. 5. Our taxes are higher and yet we have minimal benefits for families and their children. So where are the children supposed to go;why do we not have better facilities for them outdoors in a fun, and healthy environment?Surely some of the taxes the Bells Flats community pays could go for the good of the Bells Flats residents in the form of a nice park to be utilized by many,rather than the coffers of the Borough. A nice park area would certainly be welcomed by the locals and tourists. I can Just imagine what those 3 gentlemen told folks when they returned to their respective states about our joke for a park. 6. Your consideration of denying the rezone and keeping this property as Conservation to be utilized as a park to benefit the community as a whole,would be appreciated. Thank you, ly l �: acftlr� Nancy Kracke Case No. 13-028 Public Comment Page 7 of 9 Public Hearing Item 7 C P&Z May 15, 2013 Tuesday,April 30,2013 Kodiak Island Borough Community Development Department Kodiak Island Borough Planning and Zoning Commission Kodiak Island Borough 710 Mill Bay Road Kodiak,Alaska 99615 RE:Case 13-028,513-023—Panamaroff Creek Drive—Subdivision and Rezone To whom it may concern, This letter has been prepared regarding the above referenced case numbers, both pertaining to the disposition of the proposed Lots 1 and 2,Kashevarof Subdivision.The Womens Bay Service Area Board has no opposition to the establishment of the lots or the potential pending sale of the lots as this case has been presented. However in discussion with staff,specifically the agent,Mr.Scholze,there have been conversations with the board regarding the fact that these lots being created are clearly outside of the boundaries of the service area.We are opposed to this for several reasons. The KIB is proposing to create an easement for access to these lots off of Panamaroff Creek Road on an existing military road bed,from the current boundary of the service area.This would create a condition that would allow the owners of these lots the benefits of the service area without the requirement to pay the associated taxes for that service.The primary access to the lots is over service area roads.This is clearly not fare to the taxpayers in the service area. In 2007,the board formally contacted the KIB Manager regarding extending the boundaries of the service area.As this action requires an election,we requested that staff look at adjacent available KIB land to add to the service area so that a single election could be held to minimize costs to the taxpayers. This effort was never completed to or knowledge although several areas including the fairgrounds were offered by the board for consideration. Over the past several years the board and staff have discussed potentially adding several parcels that are adjacent to the existing boundaries.We believe this effort should be formally initiated and all potential additions be considered in a single effort that will streamline the process. The board understands that this may slow the sale of these parcels however this is not the first time the expansion of the boundaries has been considered with no definitive action or direction from the KIB staff or managers. The board will be available for any request for information or meetings to discuss boundary expansion associated with this action or any other potential additions to the service area and requests consideration regarding the timeframes for information being presented for review. Case No. 13-028 Public Comment Page 8 of 9 Public Hearing Item 7 C P&Z May 15, 2013 We request this letter be placed in the record as our initial comments regarding these two cases.Our board has reviewed the content of the letter and there is a consensus agreement to its content.The board was not provided the information so that it could be discussed at a scheduled meeting.The Public Hearing Notices were received on April 25,2013 for comment by April 30,2013 when requested from the KIB staff. It is our hope that in the future information that may require comment from the board be provided in a timely manner to allow for proper review of information,discussion and development of the board response. Thank you for your time and consideration of these comments, Sincerely, CLL David G.Conrad,Board Member for the Womens Bay Service Area Board. Case No. 13-028 Public Comment Page 9 of 9 Public Hearing Item 7 C P&Z May 15, 2013 MEMORANDUM DATE: May 3, 2013 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the May 15, 2013 Regular Meeting CASE: 13-028 APPLICANT: Kodiak Island Borough Agent: Bob Scholze REQUEST: A rezone, per KIBC 17.205.030 A, to rezone a portion of Lot 1 United States Survey 2539 from C- Conservation Zoning District to RR-1 Rural Residential Zoning District, according to KIBC 17.205.020. LOCATION: NHN Panamaroff Creek Drive ZONING: PL-Public Use Zoning District Nine (9) public hearing notices related to this request were mailed on January 7, 2013. Date of site visit: None Made 1. Zoning History: Ordinance 1977-15-0- zoned this parcel C-Conservation Zoning District (along with all other previously unclassified lands within the corporate boundaries of the Borough). 2. Lot Size: Lot 5B 2.33 acres, Lot SC 2.23 acres 3. Existing Land Use: Vacant 4. Surrounding Land Use and Zoning: North: Unsubdivided portion Lot 1 United States Survey 2539 Use: Vacant Zoning: C- Conservation Zoning District South: Unsubdivided portion Lot 1 United States Survey 2539 Use: Vacant Zoning: C- Conservation Zoning District East: Unsubdivided portion Lot 1 United States Survey 2539 Use: Vacant Zoning: C- Conservation Zoning District West: Russian Creek Alaska Subdivision Lot 26C Use: Vacant Zoning: RR-1 Rural Residential Zoning District 5. Comprehensive Plan: The Kodiak Island Borough 2008 Comprehensive Plan depicts the proposed rezone area as Open Space/ Park. Case No. 13-028 Staff Rpt Page 1 of 5 Public Hearing Item 7 C P&Z May 15, 2013 6. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code are applicable to this request: KIBC 17.10.020 Reference and use. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. The applicable comprehensive plan is the 2008 Kodiak Island Borough Comprehensive Plan Update. Chapter 17.70 RR1—RURAL RESIDENTIAL ONE DISTRICT 17.70.010 Description and intent. The RR1 rural residential one zoning district is established as a land use district for large lot, low-density, residential, and general agricultural purposes. For the rural residential one district, in promoting the general purposes of this title, the specific intentions of this chapter are: A.To encourage the continued use of land for low-density residential and general agricultural purposes; B. To prohibit commercial and industrial land uses; C. To encourage the discontinuance of existing uses that are not permitted under the provisions of this chapter; and D. To discourage land uses which, because of their character or size, would create unusual requirements and costs for public services. 17.70.020 Permitted uses. The following land uses are permitted in the rural residential one district: A. Accessory buildings; B. Agricultural buildings and activities; C. Churches; D. Fishing activities when an owner-occupied dwelling is present on the premises; E. Greenhouses; F. Horticultural buildings and activities; G. Single-family dwellings; H. Home occupations; I. Vacation homes; J. Bed and breakfasts; K. Recreational cabins; and L. Hoop houses. 17.70.030 Conditional uses. The following land use may be allowed by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: A. Fireworks stands. 17.70.040 Area requirements. A. Lot Area. The minimum lot area required is 40,000 square feet, unless water service and sanitary sewer service are available on request from a certified public utility or municipal system. In this case, the minimum lot area is 20,000 square feet. Case No. 13-028 Staff Rpt Page 2 of 5 Public Hearing Item 7 C P&Z May 15, 2013 B. Lot Width. The minimum lot width required is 120 feet, unless water service and sanitary sewer service are available on request from a certified public utility or municipal system. In this case, the minimum lot width is 80 feet. 17.70.050 Yards. A. Front Yard. 1. The minimum front yard shall be 25 feet, unless a previous building line less than this has been established, in which case the minimum front yard for interior lots shall be the average of the setbacks of the main structures on abutting lots on either side if both lots are occupied. 2. If one lot is occupied and the other vacant, the setback shall be the setback of the occupied lot plus one-half the remaining distance to the required 25-foot setback. 3. If neither of the abutting side lot or tracts are occupied by a structure, the setback shall be 25 feet. B. Side Yard.The minimum yard required on each side of a principal building is 15 feet. The minimum side yard required on the street side of a corner lot is 15 feet. In the case of lots served by water and sanitary sewer service from a certified public utility or municipal system, the minimum side yard required is 10 feet. The minimum side yard required on the street side of a corner lot is 10 feet. C. Rear Yard.The minimum rear yard required is 20 feet. 17.70.060 Building height limit. The maximum height of residential buildings shall not exceed 35 feet. COMMENTS Land in this area was previously identified as surplus to borough needs. This request seeks to rezone both proposed lots, readying them for disposal. An effective clause is recommended that the zoning will not go into effect until the plat (companion case S13-023) is recorded. CONFORMANCE WITH THE COMPREHENSIVE PLAN: The applicable comprehensive plan provides under Goals and Implementation Actions, Housing; "Help ensure that an adequate supply of land for housing and a sufficient stock of housing, including affordable housing, are available for Borough residents1". The applicable comprehensive plan also provides' "Identify an adequate supply of land in each community to meet future needs for homes and businesses, including commercial and industrial uses". "For example, in assessing the need and most appropriate locations for new ....(sic].... land, consider the following factors". The need to support potential economic growth sectors. The level of need should be based on an assessment of trends in population growth and in specific economic sectors, including a realistic assessment of their potential within the KIB. Recent development trends in the area: 1 2008 Comprehensive Plan Update, page 480 of 516. 2 2008 Comprehensive Plan Update, page 473 of 516. Case No. 13-028 Staff Rpt Page 3 of 5 • Public Hearing Item 7 C P&Z May 15, 2013 Proximity to adequate public facilities, including roads, water, and air transport facilities, as well as water and wastewater treatment facilities. Land suitability: Potential conflicts with adjacent land uses, particularly residential uses, and sensitive natural resources. Land suitability, although not optimal, is certainly conducive to single family residential development. Hillside development defines this micro neighborhood. Conflicts with adjacent land uses will be non-existent. Traffic impacts: Parcel size, topography and other site characteristics as they relate to the requirements of residential use(s [sic]. Size, topography, and other characteristics are suitable for residential purposes. The request is consistent with the recently adopted Kodiak Island Borough 2008 Comprehensive Plan. The plan identifies this general area, and this specific location, for low- density residential use(s). Rezoning the subject parcels to the Rural Residential One Zoning District will work to implement the Comprehensive Plan. RECOMMENDATION Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation for approval. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend that the Kodiak Island Borough Assembly approve a rezone, per KIBC 17.205.030 A, to rezone a portion of Lot 1 United States Survey 2539 from C - Conservation Zoning District to RR-1 Rural Residential Zoning District, according to KIBC 17.205.020, subject to one (1) Condition of Approval, and to adopt those findings in the staff report dated May 3, 2013, as Findings of Fact for Case No. 13-028. CONDITION OF APPROVAL [1] The rezone of the subject parcels shall become effective upon the final recordation of the applicable plat. Case No. 13-028 Staff Rpt Page 4 of 5 Public Hearing Item 7 C P&Z May 15, 2013 FINDINGS OF FACT Section 17.205.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.205.020 A. Findings as to the Need and Justification for a Change or Amendment. The community has expressed the need for additional residential land to be made available for development purposes. The borough assembly has reviewed and approved a number of surplus parcels for disposal. Some of these lots need to be surveyed and zoned appropriately for residential development before they can be included in a future land sale. 17.205.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A rezone of the subject parcel(s) would be consistent with objectives of the 2008 Kodiak Island Borough Comprehensive Plan Update. A rezone of the subject parcel would work to implement the Comprehensive Plan. 17.205.020 C. Recommendations as to the approval or disapproval of the change or amendment. The Kodiak Island Borough Planning &Zoning Commission recommends approval of this rezone request. This recommendation supports the change to an existing land use district boundary only. Case No. 13-028 Staff Rpt Page 5 of 5 Public Hearing Item 7 C P&Z May 15, 2013 Figure 4.10 y 'l- * hi y c : �G sdf t _a s- e$3 y fit; .. 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"911/11/0"/41,1110,14acillititop� � i*/ 4 �l 9l a0 a E —l—r`sc¢ '� " Ji itop 'x m_,. _.x ; // /t /// 1`t/l�fll�'/ e f/ i.�j97/ 0 6 ,I t i \ l ��l� . 1//19�l M1:F r, •k .-J �l_ oj / f , f f- r �� „ ......„77__.‘ , .,2gii_ls____:::: 1 , . .,,?,::::::c.ii —` T Vol. ri 1 m Page 22 Is January 2008 B KOdiaORlCOISland UGChapter four 3 land Use G Ownership H _ Comprehensive Plan Update Case No. 13-028 Appendix Page 1 of 1 ,:..,,=---* KODIAK ISLAND BOROUGH "" AGENDA STATEMENT REGULAR MEETING OF: AUGUST 1, 2013 ITEM NO.: 9_C TITLE: Ordinance No. FY2014-06 Rezoning Tract A Marine Center Subdivision From RB- Retail Business Zoning District To B-Business Zoning District (Case No. 13-029, Marine Center). ORIGINATOR: CDD Staff FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ® No Account Number: Amount Budgeted: ATTACHMENTS: Assembly Ordinance, P&Z Decision Letter, and P&Z Case Packet APPROVAL FOR AGENDA:A SUMMARY STATEMENT: The applicant requested a rezone of this parcel in order to allow a more intensive use of the property than allowed under the current RB-Retail Business zoning designation. The applicants projected client base is composed of local and itinerant fishing vessels and crews. The proximity to the harbor and ease of access to the parcel were judged to be major determinants in the likelihood of the business venture's success. This business investment would represent the first significant private capital commitment in any otherwise underutilized tract already benefitting from major municipal investments in the form of street and utility improvements. The Commission held a public hearing on June 19, 2013 on this request and found the request is consistent with the goals and objectives of the 1987 Near Island Comprehensive Development Plan and the 2008 Kodiak Island Borough Comprehensive Plan Update. The Commission voted unanimously to recommend the Assembly approve this rezone request. Public hearing notices were mailed out on Friday, July 19. Any responses will be given to the Assembly. RECOMMENDED MOTION: Move to adopt Ordinance No. FY2014-06. Kodiak Island Borough Page 1 of 1 Introduced by: Borough Manager 1 Requested by: P&Z Commission 2 Drafted by: CDD Introduced: 07/18/2013 3 Public Hearing: 4 Adopted: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2014-06 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 10 BOROUGH REZONING TRACT A MARINE CENTER SUBDIVISION, 11 FROM RB — RETAIL BUSINESS ZONING DISTRICT TO B — BUSINESS 12 ZONING DISTRICT (P&Z CASE NO. 13-029, MARINE CENTER) 13 14 WHEREAS, the Planning and Zoning Commission received a request to rezone Tract A 15 Marine Center Subdivision, which is 2.5 acres in area; and 16 17 WHEREAS, at an advertised public hearing, consistent with KIB 17.205.040, the 18 Commission considered the merits of the rezone request; and 19 20 WHEREAS, the Commission voted to recommend to the Borough Assembly that this 21 tract be rezoned finding that the public necessity, convenience, and general welfare and 22 good zoning practice would be enhanced by such action; and 23 24 WHEREAS, the Commission hereby recommends that this rezone request be reviewed 25 and approved by the Borough Assembly. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 28 BOROUGH THAT: 29 30 Section 1: This ordinance is not of a general and permanent nature and shall not 31 become a part of the Kodiak Island Borough Code of Ordinances. 32 33 Section 2: Tract A Marine Center Subdivision is hereby rezoned from RB—Retail 34 Business to B-Business. 35 36 Section 3: The findings of the Kodiak Island Borough Planning and Zoning 37 Commission are hereby confirmed as follows: 38 39 17.205.020 A. Findings as the Need and Justification for a Change or 40 Amendment. 41 The applicant in this case has identified an underserved constituency with 42 demands for goods and services not explicitly permitted in the RB-Retail Business 43 Zoning District. The efficient delivery of such goods and services is best enhanced Kodiak Island Borough, Alaska Ordinance No. FY2014-06 Page 1 of 2 44 by a location in the closest proximity available to the point of consumption, which is 45 the harbor. 46 47 17.72.020 B. Findings as to the Effect a Change or Amendment 48 would have on the Obiectives of the Comprehensive Plan. 49 This request for rezone is consistent with the 1987 Near Island Comprehensive 50 Development Plan. This request for rezone is consistent with the 2008 Kodiak 51 Island Borough Comprehensive Plan Update. Rezoning the subject parcel to the B 52 — Business Zoning District will work towards achieving goals and objectives 53 identified in the 2008 Plan. Rezoning the subject parcel to the B — Business Zoning 54 District would represent the adjustment of an existing district's boundary only, not 55 the introduction of a new zoning district. 56 57 17.205.020 C. Recommendations as to the approval or disapproval of 58 the change or amendment. 59 This recommendation supports the change to an existing land use district 60 boundary only. The Kodiak Island Borough Planning & Zoning Commission 61 recommends that the Kodiak Island Borough Assembly approve this rezone 62 request. 63 64 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 65 THIS DAY OF 2013 66 67 68 KODIAK ISLAND BOROUGH 69 70 71 72 Jerome M. Selby, Borough Mayor 73 74 ATTEST: 75 76 77 78 Nova M. Javier, MMC, Borough Clerk 79 80 Kodiak Island Borough, Alaska Ordinance No. FY2014-06 Page 2 of 2 f f Kodiak Island Borough i A "...c. "+`i Office of the Borough Clerk 710 Mill Bay Road �" _ Kodiak, Alaska 99615 `'` L' .'. Phone (907) 486-9310 Fax (907) 486-9391 clerks(&,,kodiakak.us NOTICE OF PUBLIC HEARING A public hearing will be held on Thursday, August 1, 2013, at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska before the Kodiak Island Borough Assembly to hear comments on: Ordinance No. FY2014-06 Rezoning Tract A Marine Center Subdivision From RB-Retail Business Zoning District To B-Business Zoning District (Case No. 13-029, Marine Center). If you do not wish to testify verbally, you may provide your comments on the attached public hearing form and fax it to (907) 486-9391, email to clerks @kodiakak.us, or hand deliver to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on August 1, 2013. Comments favoring and opposing are encouraged. If you have any questions, please call 486-9310. Attachments: • Map • Public hearing form • Ordinance No. FY2014-06 Ordinance No. FY2014-06 Rezoning Tract A Marine Center Subdivision From RB-Retail Business Zoning District To B-Business Zoning District (Case No. 13-029, Marine Center). r/et:7 4-00-e-yrreAt 47 -vrr„iloWilri ,Inth‘ 4... 444.4.,...,, ,,. ,„,,,v is s' � 4e y�, die �,4 .��j ` �A� ��r ' �' ti,' T747,4; �a '1: ire",...--- / Q �iy f�' 040 o°+�°° s � °° `e,,g04 #4','.$ c ,i��rltnmet. ®`°a4 Nyirrrpr t v / 9 i,; i i .t*,, , r,,w4er-a.-- _ v1111,1110. 4. 0..‘",09 j• a%• \\:� 411,fib, (\ 4110110 ,----- 44 ) _ er / \ ,-/ z'-111011 litsd - A , , i i _ its <Ps- _ ___ .... ,, 7„---- P , -Th � 1 f 4' Subject Parcel jII Tract A Marine Center Subd il . , . Kodiak Island Borough GIS System t': 0 480 960 1,920 2,880 3,840 [001 moo rat This map was prepared from the Kodak Island Borough's GIS System. It is provided tor pie purpose of stewing the general location of a property within the Kodiak Island Borough. This map does not represent a survey.More iraormation about the mapping data can Iseobtaned by contacting the Kodiak Island Borough IT Department at(907)4869333. Ordinance No. FY2014-06 Rezoning Tract A Marine Center Subdivision From RB-Retail Business Zoning District To B-Business Zoning District (Case No. 13-029, Marine Center). r 0 wig,. ilkU��$ 0�0�� + `� �` , 04 , wgr r -+ap � . ' ■ # , `.. Iti maw �^��A�0-.4 1 14,Ift,Ak ;1e r#W •Fli � �®�AVIet 41,10r4%* dgilVierlil. \> 1;- v■ , 4% # 40o / 1 )10„;•••Li 0 •:. 4, 10 OW, . 0-9 41 ■11), to N t ,_,_9)q._ 46,■ ill°11° ®.4 (3 ® O ®� V r 'f j ` 4 ell . Subject Parcel 1 Tract A Marine Center Subd Kodiak Island Borough GIS System -r a}' 4 0 480 960 1,920 2,880 3,84) t This map was prepared from the Kodak Island Borough's GIS System It is prodded for the purpose of showing the general location of a property withn the Kodiak Island Borough This map does not represent a survey More information about the mapping data can be obtaned by contedmg the Kodiak Island Borough IT Department at 19071486-9333. PUBLIC HEARING FORM Ordinance No. FY2014-06 Rezoning Tract A Marine Center Subdivision From RB-Retail Business Zoning District To B-Business Zoning District (Case No. 13-029, Marine Center). ❑ This is in support of the rezone. ❑ This is in opposition of the rezone. ❑ Other comments. Name: Residence Address: Mailing Address: Comments: Written comments may be submitted by email to clerks(c�kodiakak.us, faxed to 907-486-9391, mailed or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on Thursday, August 1, 2013. Introduced by: Borough Manager Requested by: P&Z Commission 2 Drafted by: CDD Introduced: 07/18/2013 3 Public Hearing: 4 Adopted: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2014-06 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 10 BOROUGH REZONING TRACT A MARINE CENTER SUBDIVISION, 11 FROM RB — RETAIL BUSINESS ZONING DISTRICT TO B — BUSINESS 12 ZONING DISTRICT (P&Z CASE NO. 13-029, MARINE CENTER) 13 14 WHEREAS, the Planning and Zoning Commission received a request to rezone Tract A 15 Marine Center Subdivision, which is 2.5 acres in area; and 16 17 WHEREAS, at an advertised public hearing, consistent with KIB 17.205.040, the 18 Commission considered the merits of the rezone request; and 19 20 WHEREAS, the Commission voted to recommend to the Borough Assembly that this 21 tract be rezoned finding that the public necessity, convenience, and general welfare and 22 good zoning practice would be enhanced by such action; and 23 24 WHEREAS, the Commission hereby recommends that this rezone request be reviewed 25 and approved by the Borough Assembly. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 28 BOROUGH THAT: 29 30 Section 1: This ordinance is not of a general and permanent nature and shall not 31 become a part of the Kodiak Island Borough Code of Ordinances. 32 33 Section 2: Tract A Marine Center Subdivision is hereby rezoned from RB—Retail 34 Business to B-Business. 35 36 Section 3: The findings of the Kodiak Island Borough Planning and Zoning 37 Commission are hereby confirmed as follows: 38 39 17.205.020 A. Findings as the Need and Justification for a Change or 40 Amendment. 41 The applicant in this case has identified an underserved constituency with 42 demands for goods and services not explicitly permitted in the RB-Retail Business 43 Zoning District. The efficient delivery of such goods and services is best enhanced Kodiak Island Borough, Alaska Ordinance No. FY2014-06 Page 1 of 2 44 by a location in the closest proximity available to the point of consumption, which is 45 the harbor. 46 47 17.72.020 B. Findings as to the Effect a Change or Amendment 48 would have on the Obiectives of the Comprehensive Plan. 49 This request for rezone is consistent with the 1987 Near Island Comprehensive 50 Development Plan. This request for rezone is consistent with the 2008 Kodiak 51 Island Borough Comprehensive Plan Update. Rezoning the subject parcel to the B 52 — Business Zoning District will work towards achieving goals and objectives 53 identified in the 2008 Plan. Rezoning the subject parcel to the B— Business Zoning 54 District would represent the adjustment of an existing district's boundary only, not 55 the introduction of a new zoning district. 56 57 17.205.020 C. Recommendations as to the approval or disapproval of 58 the change or amendment. 59 This recommendation supports the change to an existing land use district 60 boundary only. The Kodiak Island Borough Planning & Zoning Commission 61 recommends that the Kodiak Island Borough Assembly approve this rezone 62 request. 63 64 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 65 THIS DAY OF 2013 66 67 68 KODIAK ISLAND BOROUGH 69 70 71 72 Jerome M. Selby, Borough Mayor 73 74 ATTEST: 75 76 77 78 Nova M. Javier, MMC, Borough Clerk 79 80 Kodiak Island Borough, Alaska Ordinance No. FY2014-06 Page 2 of 2 CITY OF KODIAK CROWN POINT, LLC KODIAK ISL HSG AUTH P.O. BOX 1397 2018 MILL BAY RD 3137 MILL BAY RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK ISLAND BOROUGH KONIAG INC MARINE CENTER LLC 710 MILL BAY RD 4300 B STREET SUITE 444 C/O FINNEY, NEILL & CO., P.S. KODIAK, AK 99615 ANCHORAGE, AK 99503 9757 GREENWOOD AVE. N. SEATTLE, WA 98103 NEAR ISLAND BUILDING LLC DBA KONIAG INC 4300 B ST, STE 444 ANCHORAGE, AK 99503 * * Ko 'iiak Island Borough * /,yf. * * * - / 9 \. , Community Development Department * mss, ,m 710 Mill Bay Road :;t, ftti ` Kodiak, Alaska 99615 �, Phone (907)486-9363 Fax (907) 486-9396 www.kodiakak.us June 20, 2013 Dennis &Theresa Butts 11068 Lake Orbin Drive Kodiak, AK. 99615 Re: Case 13-029: Request a rezone, according to KIBC 17.205.030.0 (Amendments and Changes), to investigate the rezone of Tract A, Marine Center Subdivision from RB-Retail Business to B-Business. Dear Mr. & Ms. Butts: The Kodiak Island Borough Planning & Zoning Commission at their meeting on June 19, 2013 moved to forward the request cited above, recommending approval, to the Borough Assembly. Please contact the Borough Clerk's Office at 486-9310 for information on when your case will be scheduled for a first reading and public hearing before the Assembly. According to KIBC 17.205.055 (Submission to assembly)of the Borough Code states: A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.205.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. The commission adopted the following findings of fact in support of their recommendation to the assembly: FINDINGS OF FACT Section 17.205.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.205.020 A. Findings as to the Need and Justification for a Change or Amendment. The applicant in this case has identified an underserved constituency with demands for goods and services not explicitly permitted in the RB-Retail Business Zoning District. The efficient delivery of such goods and services is best enhanced by a location in the closest proximity available to the point of consumption, which is the harbor. 17.205.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. This request for rezone is consistent with the 1987 Near Island Comprehensive Development Plan This request for rezone is consistent with the 2008 Kodiak Island Borough Comprehensive Plan Update. Rezoning the subject parcel to the B—Business Zoning District will work towards achieving goals and objectives identified in the 2008 Plan. — Rezoning the subject parcel to the B—Business Zoning District would represent the adjustment of an existing district's boundary only, not the introduction of a new zoning district. 17.205.020 C. Recommendations as to the approval or disapproval of the change or amendment. This recommendation supports the change to an existing land use district boundary only. The Kodiak Island Borough Planning & Zoning Commission recommends that the Kodiak Island Borough Assembly approve this rezone request. Should this rezone be approved by the Kodiak Island Borough Assembly, you will still need to obtain permits for any construction activities. If you have any questions about the action of the commission, please contact the Community Development Department at 486-9363. Sincerely, Lisq4' ,_ Sheila Smith Secretary CC: Nova Javier, Borough Clerk Planning&Zoning Commission Public Hearing Item / k3 P&Z June 19, 2013 @lamaLocation Request:a rezone, according gOC 'Sfl/.205.030.C, No.13-O29 to investigate gOD2 rezone COT ract A,Marine Center Subdivision fromm RB-Retail Business g0 B-Business Agent: DD 2 ' Butts tafig�l® ®'� �,® �w yeat O� % p ■ e �,° At c---7 s> Rrix---- rino — t..4040-ve",,,, watt. 4ir ) / p0 LO aft' L\N-—- 7*� 1 / O lif 71-` / --- te 8 / 1 t Subject Parcel II Tract A Marine Center Subd elir ‘) i 1 s, _____ \ _S\-,.... a- Kodiak Island Borough GIS System 0 480 960 1,920 2,880 3,840 P_ if eel This map was prepared from the Kodiak Island Borough's GIS System. It a provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey.More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at(907)466-9333. Case No. 13-029 Introduction Page 1 of 3 Public Hearing Item 113 P&Z June 19, 2013 Kodiak Island Borough Zoning Map p , asocaeZoning Request: A rezone, according Qi) KIBC U.205.030.C, Oa 13-02.9 i to investigate'Sp rezone ceTract ao Marine Center UA j - c( Subdivision from RIB-Retail Business T) Business Agent: Day Butts Irpr A�Qq,� y . 4 o `9O' W ,s•,�A ,,, a\ °� . i 00\/ "�'7 t4isw.- ol, Z, 9' AI ir ..„.. . _ Subject Parcel Ala/ Retail Business Zoning to Off al O o o V _' / o r°' p 0 4 AC 0 0 Zoning Legend Public Use Lands Rural Residential 1 Multi Family Residential Wiff Light Industrial ®Watershed f Rural Residential 2 ITI Business n Rural Neighborhood Commercial Conservation Single Family Residential Retail Business ISB Urban Neighborhood Commercial Rural Residential Two Family Residential - Industrial Natural Use I Kodiak Island Borough GIS Community Development Department This map is provided for informational purposes http://www.kodiakak.us/gis (907)486-9337 only and is not intended for any legal representations. Case No. 13-029 Introduction Page 2 of 3 Public Hearing Item / B P&Z June 19, 2013 Overlay Request:Q rezone, accordingft Ong g.205.030.C, No.13-029 ft investigate niD rezoneCOTractq, Marine @enter Marine Subdivision fromm RB-Retail Business it B-Business Agent: ID au Butts �� '•' Jet Wyk r s� y{.[Vy{d.. a • 0 6 s y A#..1 .. .�y , ,.11 4 , 17 ! ' li VI (�4 y.� it }� iV.ra ,. Fop( 'Ir r 1 .mod a i� t ,". l"/, cf+ I-,3 Art - ki F t.r. .r`Y >•y . ( ` ' t Frf`tii r1 r, r .�} r r�E9E e. 1 r( '✓ R':4 1.41;i1-‘a '40•S4 .(,! ..1' "tivs I• i�7+ i• j:, . (4f Y sr 5 13 r,4 Fa, 1- , F b fry 41; it , w ✓ 1s°xL .� ,V `• r a e,°V.?4njC`r '� j�ft` "r FJ"{ � 4' '' • y �t4 5 i�LF° a* f w• r :4 n^Y . .. 4r ipp I��ti ate 7 "' . `�E3 . + �� kk`,iy+k, n{rY W e2j i. u. v r . j k ? LL. . . 11'.3 44. 74, `art 71 Isrr:'+ �:.'i 'r' ''.7 Q 4! @, 5rf� . 47 Yfr /,S'r,�i," 4 h F, e {p s F y S " tl f` }" i:,r"'.. 'ir 'u i •y�.,Yrs,a r �l.'tiz.� c 12] vyl!� 1F 4 $(! w \ ', 4 .`r•r4 a"y).., > t., at SAY L..'' r; 'ygt :.gest;7 s w l i,` r r J v - it qa '3` �.;;h2 c 1441 -a - .V1 .`'i ;s w_, c' +3% ' 4' '.t,Y x 4 I e 1' 0.}x'•.,1 sw•{ ri,41 r 1 +;7••t 5 J r r5 j 4.� 't ,el,'" y} ` t s 14 L y v�"1 ,� Yn" ♦ 4 �l` ° C df,�3.r ��r -rv� w•y, a; a, µye, ,,,,. ry. ! r ; • X' r -Irn �l ..` (r ri4,c 4 1/C Cr` ;r A:3722-At i \ ^. .' ""s 4y tm- 4t Kk�� f•Otge{ 4 r./".� i;,, •,,•,:) . ' • ; 'Fi'j4 v. k.y- T S }nay as .. q, 4.4',.- 4: }fir {.c a� t �t.45'Ct41 4'49 Iv- 4 .0' .' 7Filb4 0 1 3 41,*on tOt �� .,��`^.�*o++tw y f j + y T , •4 trr t t 7 Mfr . _ jay •4• • t i o � i .0 .- ° ,�{ :yr,2} `•i R � '! ' ,:'Y� ..r•i••6 J ,ati 999 - . vfo. , .: �. _ •. ct �, A'.. `� 1 3j,, t }f (' t 3 1 E 1J' ,r! t dy -df it k �4 .�a 4��b0-r :,30 vii (rb g t'1*.._: ' Yr..� 11��. .j "F •�a .. ` �Y A ,spy CV t 914. r Y ``1 K K �... 'fti/,pr. ,y� �y , 3+�" •pr+ i '^E• .}`- .}may' '7 ' e s .,'r FH'.?R. 1 v' `._ r .w=1 ,"r^a � �*� 4 '� .1 ' i:�l. ... *.i Js4.:.. F .'a'•Y 9 >t:r •. ' / •; , ,, ` . . . Parcel }, b,,t..: _� " ,'"x"l+`r h 1"1 F y t . .?Y� i�"F�} � ��,q im "r bald '.4*t "4 "4 , � 3� arR�J",r•� ` t 'y7•°� ,� '`"�'' '� Tract A Marine Center Subd•'' rJi • y �;�'f�tts .,per : a i'Y.,h' ‘.124c - -,. ' ` ',•1 4 4 ` 1 :9v p .,, Kodiak Island Borough GIS System n 0 75 150 300 450 610 This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the genwal location of a popedy within the Kodak Island Borough. This map does not represent a survey.More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at(907)466-9333. Case No. 13-029 Introduction Page 3 of 3 Public Hearing Item / 13 P&Z June 19, 2013 Kodiak Island Borough Print Form Submit by Email v'4� Community Development Department ;, 2: 710 Mill Bay Rd.Rm 205 Kodiak 124901440 Ph.(907)486-9362 Fax(907)486-9396 ' 3�02� http://www.kodiakak,us PROP JD Application for Rezone KIBC 17.205 The following information is to be supplied by the Applicant: Property Owner/Applicant: Marine Center LLC/Theresa Butts(see attached letter of authorization) Mailing Address: 9757 Greenwood.Ave N Seattle,WA 98103/11068 Lake Orbin Dr.Kodiak 99615 Phone Number. Elias Olafsson 206-789-5576/907-539-1728 Other Contact email,etc.: eilas @dantrawl.com/ttyger @alaska.com Legal Description: Subdv: Marine Center Block: TR A Lot Street Address: 197 Trident Way Current Zoning: Retail Bus KIBC 17.110 Proposed Zoning: Business KIBC 17.90 Applicable Comprehensive Plan: C.Near Island Comprehensive Plan 1987 Explanation of the need&justification for a change or amendment of zoning: We intend to lease what is primarily shop space for marine-related vendors in support of the commercial fishing fleet and the Kodiak Ship Yard.Current Retail Business zoning of this parcel is complementary,and appropriate for neigboring lots,but is too restrictive in terms of permitted activities,specifically fabrication of fishing gear,machining parts,repairing boat-related equipment We believe that it is essential to the growth of the Ship Yard that these types of commercial activities be located in near proximity.KIBC 17.90 permits our intended use of this property.Adjacent land which is already zoned Business under KIBC 17.90 is actually easier to access from the road to this Tract and so makes this property at the northern end of the Business zoning the most proximal available to the Kodiak Ship Yard.At the southern end of the Business zoning,the land is elevated well above the road and is inappropriate to access by commercial vehicle.This request is,essentially,for a boundary change. Explanation of the effect such a change or amendment would have on the objectives of the applicable comprehensive plan: This change will support the goal described on p.21 under"Marine Support Area"by stretching the area so designated to include a parcel(ours)that is at(or nearly at)elevation with Alimaq Dr.The land currently designated for this use presents the obstacle of steep access that Is Inappropriate for moving commercial trucks and equipment to and from the harbors and shipyard. Use of this area under KIBBC 17.90 affects positively these comprehensive plan's stated goals:Economic return to the City of Kodiak. by enabling timely development of shipyard support in the most appropriate location available;Physical constraints and environ- mental limitations by expanding the Business zone to Include a parcel with reasonable elevation access from Alimaq Dr.Use as 17.90 does not adversely affect Aesthetic concerns,in fact offers reasonable screening from town;nor does it adversely affect the North End Park,the FITC or other related facilities,or the boat harbors. Date: 4/10/2013 Siggggriature: �,;�� Case No. 13-029 Application Page 1 of 3 Public Hearing Item / B P&Z June 19, 2013 CDD Staff Certification G 4)44 Date: 7:�//3 CDD StafF.Payment V'r'fication Fee Payable in Cashier's Office Room it 10n floor of Borough Building Not Applicable r" $0.00 c/1PAID Less than 1.75 acres: r $350.00 1.76 to 5.00 acres: $750.00 APR 11 Y0t3 5.01 to 40.00 acres: r $1,000.00 40.01 acres or more: r $1,500.00 KODIAK ISLAND BOROUGH FINANCE DEPARTMENT Case No. 13-029 Application Page 2 of 3 Public Hearing Item / b P&Z June 19, 2013 MARINE CENTEJ? LOX February 26, 2013 Quality Marine of Alaska, Inc. Attn: Dennis and Theresa Butts PO Box 2396 Kodiak, AK 99615 RE: Authorized Agent for the limited purposes of KIB rezone application Dear Dennis and Theresa, This letter allows you the limited authorization to act as the agent of Marine Center LLC for the purposes of the application to the Kodiak Island Borough to rezone Tract A of the Marine Center Subdivision on Near Island, physical address: 197 Trident Way, Kodiak, AK. Sincerely,. I ]ay E/�tirison President, Marine Center LLC PO BOX 1256 PHONE 907.486.6933 KODIAK, AK FAX 907.486.6943 '99615 E-MAIL pelagic @ptialaska.net Case No. 13-029 Application Page 3 of 3 Public Hearing item / b P&Z June 19, 2013 Kodiak Island /:>'®rough „ •/%`” Community Development Department GPa �l i 710 Mill Bay Road Room 205 ''II(y Kodiak, Alaska 99615 •- -:_.`? �° Phone(907) 486-9363 Fax(907)486-9396 • www.kodiakak.us May 14, 2013 Dennis&Theresa Butts 11068 Lake Orbin Drive Kodiak, AK 99615 Re: Case 13-029. Request a rezone, according to KIBC 17.205.030.C, to investigate the rezone of Tract A, Marine Center Subdivision from RB-Retail Business to B-Business. Dear Mr. &Mrs. Butts: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their June 19, 2013 regular meeting. This meeting will begin at 6:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting, on Wednesday, June 12, 2013 at 6:30 p.m. in the Borough Conference Room 0121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for the regular meeting. The public is welcome to attend the packet review work session; however, the work session is not for the purpose of receiving public testimony. Applicants who wish to present testimony and/or evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such information in person. Please contact the Community Development Department at 486-9363 if we can answer any outstanding questions or provide additional information. In advance, thank you for your cooperation. Sincerely, )1 c c Sheila Smith, Secretary Community Development Department Case No. 13-029 Public Comment Page 1 of 4 Public Hearing Item / K P&Z June 19, 2013 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 May 14,2013 Public Hearing Item 7-B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, June 19, 2013. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 13-029 APPLICANT: Marine Center LLC AGENT: Dennis and Theresa Butts REQUEST: A rezone, according to KIBC 17.205.030.C, to investigate the rezone of Tract A, Marine Center Subdivision from RB-Retail Business to B-Business. LOCATION: 197 Trident Way; Near Island ZONING: RB-Retail Business This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 pm on Tuesday,June 4, 2013 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486-9396, or you may email your comments to ssmith @kodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. The toll free telephone number is 1-855-492-9202. One week prior to the regular meeting, on Wednesday,June 12, 2013, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (ft 121),to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights,please feel free to call us at 486-9363. Your Name: Mailing Address: Your property description: Comments: Case No. 13-029 Public Comment Page 2 of 4 Public Hearing Item / b P&Z June 19, 2013 Location 197 Trident Way Request a rezone, according to KIBC 17.205.030.C, Case 13-029 to investigate the rezone of Tract A, Marine Center Applicant Subdivision from RB-Retail Business to B-Business. Marine Center LLC ray >e �� . A' ?�'�� '�%o-.5 N'- P. 0��® .; ----\ Nr4iti&e 4.i. 41,1r, , / 4111110 1101 ®� € ? I Allill , e / 7_ /2 o ° ' Kodiak Island Borough GIS Legend ei N tt d.t At .'' CD Subject Parcel �y 0 410 g ` Feet 820 1,640 Q Notification Area vol. I I I I 1 I I I I S This map was prepared from the Kodiak Island Boroughs GIS System. It is provided for the purpose of showing the general location of a properly within the Kodiak Island Borough. This map does not represent a survey.More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at(907)486-9333. Case No. 13-029 Public Comment Page 3 of 4 Public Hearing Item / B P&Z June 19, 2013 CITY OF KODIAK CROWN POINT,LLC KODIAK ISL HSG AUTH P.O.BOX 1397 201.8 MILL BAY RD 3137 MILL BAY RD KODIAK,AK 99615 KODIAK,AK 99615 KODIAK,AK 99615 KODIAK ISLAND BOROUGH KONIAG INC MARINE CENTER LLC 710 MILL BAY RD 4300 B STREET SUITE 444 C/O FINNEY,NEILL&CO.,P.S. KODIAK,AK 99615 ANCHORAGE,AK 99503 9757 GREENWOOD AVE.N. SEATTLE,WA 98103 NEAR ISLAND BUILDING LLC DBA KONIAG INC 4300 B ST,STE 444 ANCHORAGE,AK 99503 Case No. 13-029 Public Comment Page 4 of 4 Public Hearing Item 7 B P&Z June 19, 2013 MEMORANDUM DATE: June 7, 2013 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the June 19, 2013 Regular Meeting CASE: 13-029 APPLICANT: Dennis &Theresa Butts REQUEST: A rezone, according to KIBC 17.205.030.C, to investigate the rezone of Tract A, Marine Center Subdivision from RB-Retail Business to B-Business. LOCATION: 197 Trident Way, Near Island ZONING: RB-Retail Business Seven (7) public hearing notices related to this request were mailed on May 14, 2013. Date of site visit: Various 1. Zoning History: Ordinance 1977-15-0-zoned this parcel C - Conservation Zoning District (along with all other previously unclassified lands within the corporate boundaries of the Borough). The subject parcel was rezoned to PL-Public Use Zoning District via Ordinance 88-01-0. The subject parcel was rezoned to RB- Retail Business via Ordinance 2001-19. 2. Lot Size: 2.5 acres 3. Existing Land Use: Vacant 4. Surrounding Land Use and Zoning: North: Marine Center Subdivision Tract B Use: Vacant Zoning: RB-Retail Business South: Remainder portion United States Survey 4947 Near Island Use: Vacant Zoning: Split Lot Zoning East: Near Island Research Park Lot 1A Use: Vacant Zoning: RB-Retail Business West: Remainder portion United States Survey 4947 Near Island Use: Vacant Zoning: Split Lot Zoning Case No. 13-029 Staff Rpt Page 1 of 9 Public Hearing Item 7 B P&Z June 19, 2013 5. Comprehensive Plan: The Kodiak Island Borough 2008 Comprehensive Plan depicts the proposed rezone area as Commercial / Business'. The 1987 Near Island Comprehensive Development Plan depicts the proposed rezone area as Institutional Support2. 6. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code are applicable to this request: KIBC 17.10.020 Reference and use. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. The applicable comprehensive plan is the 2008 Kodiak Island Borough Comprehensive Plan Update. Chapter 17.90 B— BUSINESS DISTRICTS 17.90.010 Description and intent. The B business zoning district is established for the purposes of protecting and encouraging the development of community business core areas that function efficiently as centers of retail business and retail service activities. For the business zoning district, in promoting the general purposes of this title, the specific intentions of this chapter are: A. To encourage the continued use and development of land for retail purposes; B. To discourage the use of business district lands for other than retail purposes; C. To prohibit the use of business district lands for manufacturing and industrial purposes; and D. To encourage the discontinuance of existing uses that are not permitted under the provisions of this chapter. 17.90.020 Permitted uses. The following land uses and activities are permitted in the business district: A. Accessory buildings; B. Assembly halls; C. Art galleries; D. Automobile repair garages and dealerships; E. Banks; F. Building material suppliers; G. Dry-cleaning establishments; H. Eating and drinking establishments; I. Fraternal organizations and private clubs; J. Funeral parlors; K. Gasoline service stations; L. Government offices; M. Hotels; N. Laundry establishments; 1 Appendix, page 1 of 6 2 Appendix, page 2 of 6 3 A side-by-side comparison of the two zoning districts is provided in the Appendix at page 3 of 6 Case No. 13-029 Staff Rpt Page 2 of 9 Public Hearing Item 7 B P&Z June 19, 2013 O. Libraries; P. Machine shops; Q. Marinas and boat moorage; R. Mini-warehouses; S. Motels; T. Multiple-family dwellings; U. Museums; V. Offices; W. Outdoor storage; X. Printing shops; Y. Professional offices and clinics; Z. Public parks and open spaces; AA. Recreational related uses; BB. Retail stores and services; CC. Single-family and two-family dwellings, if located within a structure containing a permitted business use, not exceeding 50 percent of the area of the structure, and not located on the street level of the structure except that an owner-occupied single-family dwelling may be allowed within a street level business structure, so long as the residential portion is predominantly located in the rear of the structure (away from the commercial building facade(s) for corner and multi-frontage lots), the use of the dwelling is subsidiary and incidental to the principal commercial use, and there is no indication, other than a separate entrance on the street level building facade, that a residential use is located within the structure; DD. Theaters; and EE. Radio stations. 17.90.030 Conditional uses. The following land uses and activities may be allowed by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: A. Churches; B. Hospitals; C. Recreational vehicle parks; and D. Warehouses. 17.90.040 Building height. The maximum building height allowed is 50 feet. 17.90.050 Performance standards. All permitted and conditional uses shall comply with the performance standards listed in this section. A. Groundcover. All areas not devoted to buildings, structures, surfaced drives, walks, or parking areas shall be covered and maintained with grass, shrubbery, trees, rocks or gravel, or other suitable groundcover materials to minimize dust, erosion, and sedimentation. B. Lighting. Any lighting used for advertising, display, or security purposes shall not produce glare on a public highway or neighboring residential property. Case No. 13-029 Staff Rpt Page 3 of 9 Public Hearing Item 7 B P&Z June 19, 2013 C. Screening. Where a business use is adjacent to a residential use or district, that business shall provide and maintain screening as approved by the commission. 17.205.020 Report from planning and zoning commission. The commission shall report in writing to the assembly on any proposed change or amendment regardless of the manner in which such change is initiated and such report shall find: A. Findings as to need and justification for a change or amendments; B. Findings as to the effect a change or amendment would have on the objectives of the comprehensive plan; and C. Recommendations as to the approval or disapproval of the change or amendment. COMMENTS This request seeks to rezone a parcel of vacant land on Near Island currently zoned RB-Retail Business. The description and intent section of the RB-Retail Business zoning district (KIBC 17.110) states "The RB retail business zoning district is established for the purpose of providing for a wide range of retail and service businesses for the consumer population of large segments of the community. Because of the potential for heavy traffic and the appearance and performance of these uses, this district is located on the periphery of residential areas and at the intersections of arterial and major collector streets and roads." The parcel subject to this rezone request is not located on the periphery of a residential area, and is not located at an intersection of an arterial or major collector street. The parcel is in a relatively isolated location and is topographically constrained. Twelve years after the RB-Retail Business zoning designation was applied to this parcel, it remains vacant, indicating an inability to identify and serve a viable retail consumer (in the normally understood context) constituency. The applicant in this case has identified a retail constituency, but that prospective consumer occupies a niche with a particular need, that is, one whose primary interest is marine / fisheries related. The concept, as understood by staff, is to establish a facility whose primary purpose is to cater to the vessels / crews of the local and itinerant fishing industry; a modern-day ships' chandlery, so to speak. The following description of the business is courtesy of Wikipedia: A ship chandler is a retail dealer who specialises in supplies or equipment for ships, known as ship's stores. The ship chandlery business was central to the existence and the social and political dynamics of ports and their waterfront areas.W Today's chandlers deal more in goods typical for fuel-powered commercial ships, such as oil tankers, container ships, bulk carriers. They supply the crew's food, ship's maintenance supplies, cleaning compounds, rope, et cetera. The advantage of a ship's crew using a chandler is that they do not have to find stores in the town they have landed in, nor hold that local currency - assuming they are let out of the dock compound by the immigration authorities. Typically, the Case No. 13-029 Staff Rpt Page 4 of 9 Public Hearing Item 7 B P&Z June 19, 2013 ship owner has a line of credit with the chandler and is billed for anything delivered to the crew of his ship. The chandler is supplied by merchants local to his location. Their distinguishing feature is the high level of service demanded and the short time required to fill and deliver their special orders. Because commercial ships discharge and turn around quickly, delay is expensive and the services of a dependable ship chandler are urgent. The applicant in this case proposes to expand this concept by offering services related to fishing gear fabrication, parts machining (manufacture/fabrication), and vessel equipment repairs. These identified services imply a heavier, industrial type of activity / use of the property. The application for this rezone request does not disclose whether or not these activities will occur totally within the enclosed confines of a "retail" building. CONFORMANCE WITH THE COMPREHENSIVE PLAN: Two plans are applicable to this request. The 1987 Near Island Comprehensive Development Plan (NICDP) designates the area of this request as "Institutional Support". As described in that plan; Institutional Support. The main emphasis in planning the Institutional Support Area is to insure that the FITC be supported by related development. This may include, but is not limited to, a museum, a convention center, multi-family residential, student-related activity buildings, and a possible area for commercial development. The anticipated development instead occurred to the south of the subject parcel, across Trident Way. The Kodiak Fisheries Research Facility, adjunct, visiting academic housing, and State of Alaska Fish and Game Administrative Facility have all taken advantage of ocean proximity and views in that location. The 1987 Near Island Comprehensive Development Plan also designates an area as "Marine Support Area". As described in that plan; It is suggested that a Marine Support Area should be established adjacent to the present parking area at the north end of St. Herman Harbor. The intent of this designation would be for the development of marine-related and/or waterfront dependent land use. Development in this area should give priority to those types of businesses and services that are most affected by or dependent on their proximity to the water and harbor. This area could accommodate a variety of commercial marine related uses, such as hardware and tackle, electronic shops, fishing gear supply outlets (both commercial and sport), net hanging and repair facilities, etc. Businesses such as welding and engine repair and sales should be considered. Restaurants, grocery and supply stores, and other public sale and services could help to maximize visitor attraction to the waterfront, while providing a convenience area for the users of the harbor. Plans however, are not set in stone. The 1987 NICDP specifically recognizes the inevitability of changes to development patterns with the wording "The Report proposes a variety of land uses with the intent to allow for flexibility (emphasis added) as more specific development proposals arise." Case No. 13-029 Staff Rpt Page 5 of 9 Public Hearing Item 7 B P&Z June 19, 2013 The 2008 Kodiak Island Borough Comprehensive Plan Update (2008 Plan) designates the area of this request as "Commercial / Business". As described in that plan; Commercial°. This designation is intended for commercial uses allowed in the Borough's Retail Business, Business, and Urban Neighborhood Commercial zones, which include a variety of retail and other business uses. The 2008 Plan provides a short, bulleted list of Implementation Priorities5. Among the listed priorities is; Identify an adequate supply of land in each community to meet future needs for homes and businesses, including commercial and industrial uses. For example, in assessing the need and most appropriate locations for new ....[sic].... land, consider the following factors. The need to support potential economic growth sectors. The level of need should be based on an assessment of trends in population growth and in specific economic sectors, including a realistic assessment of their potential within the KIB. Continuing in this vein, the 2008 Plan lists goals and implementation actions for specific sectors (Economy)6 for the Kodiak urban area. Included in this listing is; Goal: Support commercial businesses and areas within the Borough, including in downtown Kodiak. Implementation Action: Assess the need for and supply of commercial land within the Kodiak urban area to meet a full range of commercial and other business needs; use the results to zone land and regulate uses appropriately to meet those needs. RECENT DEVELOPMENT TRENDS IN THE AREA: The academic campus development concept was first to respond to the availability of land and municipal utility systems on Near Island. The University of Alaska's Fisheries Industrial Technology Center led the way. Adjunct / visiting academic housing, the Kodiak Fisheries Research Facility, and the newest addition, the State of Alaska Fish and Game Administrative Facility round out this type of development. As mentioned earlier, this node of development has taken place to the south of the subject parcel in order to take advantage of ocean proximity and views. To the north of the subject parcel, private business investments and incubation are taking place. Significant investments in corporate headquarters buildings have been made — with the new Koniag, Inc., facility setting the standard. Currently under construction, the new Afognak Native Headquarters facility is expected to be completed late this year. In addition, the Kodiak Island Housing Authority has recently broken ground on the development of a 32 unit senior housing complex to be constructed almost immediately north of the subject location. Other property owners are testing the water in this area, but commitments of significant financial resources have yet to be made. 4 2008 Plan, page 51 of 516 5 2008 Plan,page 473 of 516 6 2008 Plan,page 477 of 516 Case No. 13-029 Staff Rpt Page 6 of 9 Public Hearing Item 7 B P&Z June 19, 2013 Situated between these two nodes of development, and with appropriate site development, the proposed development on the subject parcel should be able to serve the targeted constituency, as well as clients and visitors frequenting the academic and civic nodes of development to the north and south. LAND SUITABILITY: Parcel size, topography and other site characteristics as they relate to the requirements of business use. The subject parcel is 2.5 acres in size. Topographical information' indicates a slight downgrade from the Trident Way frontage towards the northwest corner. Elevation change is estimated to be 25 feet. The parcel is in a semi-rough state, and an unknown amount of earth leveling will be required in order to fully utilize the site. (Pages 6 & 8 of the Appendix document that a considerable amount of land clearing and leveling have already occurred on the parcel without benefit of the required review and permitting. As a consequence, any zoning compliance permits issued for development on this parcel will be subject to the required penalty of 2X the published amounts.) Proximity to adequate public facilities, including roads, water, and air transport facilities, as well as water and wastewater treatment facilities. The subject parcel has access to municipal water and sewer utilities, as well as KEA electrical service. It is not known if stub-outs exist at this time. The parcel has approximately 360 lineal feet of frontage along the existing Trident Way, and is bounded along the western side by a 30 foot-wide platted utility easement. The application indicates a possible point of confusion on the applicant's part. Reference is made to the ease of access to the parcel via Alimaq Drive —however, this access is clearly marked as "NEW 30' UTILITY EASEMENTi9 on the applicable plat (2009-1). Potential conflicts with adjacent land uses, particularly residential uses, and sensitive natural resources. Conflicts with adjacent land uses will be non-existent. TRAFFIC IMPACTS: Traffic impacts (negative) are expected to be negligible from the proposed development. Existing rights of way and road bed widths are deemed capable of sustaining increased traffic counts. This request for rezone is consistent with the 1987 Near Island Comprehensive Development Plan 'Appendix, page 5 of 6 8 Resolution P12013-02 9 Appendix, page 6 of 6 Case No. 13-029 Staff Rpt Page 7 of 9 Public Hearing Item 7 B P&Z June 19, 2013 This request for rezone is consistent with the 2008 Kodiak Island Borough Comprehensive Plan Update. Rezoning the subject parcel to the B—Business Zoning District will work towards achieving goals and objectives identified in the 2008 Plan, and would represent the adjustment of an existing district's boundary only, not the introduction of a new zoning district. RECOMMENDATION Staff recommends that the Commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation for approval. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to recommend the rezone of Tract A, Marine Center Subdivision from RB- Retail Business to B-Business, and forward this case to the Kodiak Island Borough Assembly with a recommendation for approval, and to adopt those findings in the staff report dated June 7, 2013, as Findings of Fact for Case No. 13-029. FINDINGS OF FACT Section 17.205.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.205.020 A. Findings as to the Need and Justification for a Change or Amendment. The applicant in this case has identified an underserved constituency with demands for goods and services not explicitly permitted in the RB-Retail Business Zoning District. The efficient delivery of such goods and services is best enhanced by a location in the closest proximity available to the point of consumption, which is the harbor. 17.205.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. This request for rezone is consistent with the 1987 Near Island Comprehensive Development Plan This request for rezone is consistent with the 2008 Kodiak Island Borough Comprehensive Plan Update. Rezoning the subject parcel to the B—Business Zoning District will work towards achieving goals and objectives identified in the 2008 Plan. Rezoning the subject parcel to the B—Business Zoning District would represent the adjustment of an existing district's boundary only, not the introduction of a new zoning district. 17.205.020 C. Recommendations as to the approval or disapproval of the change or amendment. This recommendation supports the change to an existing land use district boundary only. Case No. 13-029 Staff Rpt Page 8 of 9 Public Hearing Item 7 B P&Z June 19, 2013 The Kodiak Island Borough Planning & Zoning Commission recommends that the Kodiak Island Borough Assembly approve this rezone request. Case No. 13-029 Staff Rpt Page 9 of 9 Public Hearing Item / b P&Z June 19, 2013 s'tl ' II' , t ojf; rc `1 ill * EEd �00 '� ,� 4 A,r'�Cy at, et�i . I , „...j�—' ter, .,',4)7; 3 : , Z� tiveHcm 4..ft., .1 ‘4 I k .i.a, A ,n- 4: - 3 1 n p 9 Y / i a a �. i $ OD 11 k a f $r .,3. r i y../ ..1 8 g S i i - , rrx�, v i\ le lo W \ \c:�`\ j s'y� 1 \\\ \\\ \\ ft 00 r ` III tP/' ¼ ! F 1111 i �t3 L .ot Case No. 13-029 Appendix Page 1 of 8 Public Hearing Item / b P&Z June 19, 2013 /i. ,., ^ _ ittetkrrailikt „. :344licrilir5.,"'"r. N..... , _,.. ‘1.,..:...s ()I -,.. .....,,,, '''.":.‘11:51.,li oi ' :St:\.- ,.; ‘. i.3'..; .i..11101k: ';\ • ■ Li 'N :i ••. - •‘ ., 1,4 0 . : -. • 1.:;,\::::AliciaL1/4\\. s j,rip,* , •;„.C..-\\v, ‘ . '\z 1 . ' .-:-.;:.:tisHrt . i,-...,___ N.,, ....,,, . _ {, , _ , . ..,. . . _______ .. •-,..S ; . ( a .\ , , , \klirA. ,:\:)% 2 1;,.7( ( - QC \ gip \tr:1 ::'\1/4 X !,-. \V.--4114110 Case No. 13-029 Appendix Page 2 of 8 Public Hearing Item / B P&Z June 19, 2013 Chapter 17.110 Chapter 17.90 RB—RETAIL BUSINESS DISTRICT B—BUSINESS DISTRICT 17.110.010 Description and intent. 17.90.010 Description and intent. The RB retail business zoning district is established for the The B business zoning district is established for the purposes of purpose of providing for a wide range of retail and service protecting and encouraging the development of community business businesses for the consumer population of large segments of core areas that function efficiently as centers of retail business and the community. Because of the potential for heavy traffic and retail service activities. For the business zoning district, in promoting the appearance and performance of these uses,this district is the general purposes of this title,the specific intentions of this located on the periphery of residential areas and at the chapter are: intersections of arterial and major collector streets and roads. A.To encourage the continued use and development of land for retail purposes; B.To discourage the use of business district lands for other than retail purposes; C.To prohibit the use of business district lands for manufacturing and industrial purposes; and D.To encourage the discontinuance of existing uses that are not permitted under the provisions of this chapter. 17.110.020 Permitted principal uses and structures. 17.90.020 Permitted uses. The following land uses and activities are permitted in the The following land uses and activities are permitted in the business retail business district: district: A.Automobile service stations; A.Accessory buildings; B. Boardinghouses, hotels and motels; B.Assembly halls; C.Commercial recreational facilities(e.g., health clubs, C.Art galleries; racquetball courts,ice rinks,etc.); D.Automobile repair garages and dealerships; D. Multifamily dwellings(not located on the street level of the E. Banks; structure); F. Building material suppliers; E. Parks and playgrounds; G. Dry-cleaning establishments; F. Retail stores and service shops(e.g., beauty shops,grocery H. Eating and drinking establishments; stores,clinics, professional offices, etc.); I. Fraternal organizations and private clubs; G. Restaurants and bars; J. Funeral parlors; H.Single-family and two-family dwellings, if located within a K. Gasoline service stations; structure containing a permitted business use, not exceeding L. Government offices; 50 percent of the area of the structure,and not located on the M. Hotels; street level of the structure; N. Laundry establishments; I. Schools/daycare facilities; O. Libraries; J. Shopping centers;and P. Machine shops; K.Theaters, auditoriums,community halls. Q. Marinas and boat moorage; R. Mini-warehouses; S. Motels; T. Multiple-family dwellings; U. Museums; V. Offices; W.Outdoor storage; X. Printing shops; Y. Professional offices and clinics; Z. Public parks and open spaces; AA. Recreational related uses; BB. Retail stores and services; CC. Single-family and two-family dwellings, if located within a structure containing a permitted business use, not exceeding 50 percent of the area of the structure,and not located on the street level of the structure except that an owner-occupied single-family dwelling may be allowed within a street level business structure, so long as the residential portion is predominantly located in the rear of the structure(away from the commercial building facade(s)for corner and multi-frontage lots),the use of the dwelling is subsidiary and incidental to the principal commercial use, and there is no indication, other than a separate entrance on the street level building facade, Case No. 13-029 Appendix Page 3 of 8 Public Hearing Item / 13 P&Z June 19, 2013 17.110.030 Permitted accessory uses and structures. that a residential use is located within the structure; The following land uses and activities are permitted in the DD.Theaters; and retail business district: EE. Radio stations. A.Accessory buildings;and B. Outdoor retail display(e.g.,small quantities of inventory). 17.110.040 Conditional uses. 17.90.030 Conditional uses. The following land uses and activities may be allowed by The following land uses and activities may be allowed by obtaining a obtaining a conditional use permit in accordance with the conditional use permit in accordance with the provisions of Chapter provisions of Chapter 17.200 KIBC: 17.200 KIBC: A.Automobile and boat sales,storage, and repair; A. Churches; B. Churches; B. Hospitals; C. Institutional facilities (e.g., hospitals,fire stations,group C. Recreational vehicle parks;and homes,correctional facilities,etc.); D. Warehouses. D.Outdoor storage,when screened by a sight-obscuring fence a minimum of six feet in height; E. Utility and service uses(e.g.,substations,etc.); F.Warehouses; and G.Wholesaling and distributing operations(excluding bulk fuel operations). 17.110.050 Minimum lot area and width requirement. There is no minimum lot area or width requirement except as may be required by the State of Alaska Department of Environmental Conservation in areas where community sewer and water is not available. 17.110.060 Maximum lot coverage for structures. There is no maximum lot coverage requirement. 17.110.070 Maximum height of structures. 17.90.040 Building height. The maximum height limit for structures in this district is 50 The maximum building height allowed is 50 feet. feet.Airport protection and safety regulations may limit building height. 17.110.080 Setbacks from property lines. 17.90.050 Performance standards. There are no required setbacks in this district. All permitted and conditional uses shall comply with the performance 17.110.090 Special district regulations. standards listed in this section. There are no special regulations for this district. A.Groundcover.All areas not devoted to buildings,structures, surfaced drives, walks, or parking areas shall be covered and 17.110.100 Fences,parking and signs. maintained with grass,shrubbery,trees, rocks or gravel, or other A.Where a lot in the retail business district is adjacent to a lot suitable groundcover materials to minimize dust, erosion, and in a residential district,the owner of the lot in the retail sedimentation. business district shall be required to erect and maintain a B. Lighting. Any lighting used for advertising,display,or security solid,four-foot fence along the property line adjacent to the purposes shall not produce glare on a public highway or neighboring residential district,from the time the property in the retail residential property. business district is developed for any purpose. C.Screening. Where a business use is adjacent to a residential use or B.Additional regulations for fences,parking and signs are district,that business shall provide and maintain screening as contained in Chapters 17.54, 17.57,and 17.60 KIBC, approved by the commission. respectively. 17.90.060 Urban renewal plan compliance. 17.110.110 Nonconformities. All business district development located in the urban renewal plan Regulations for nonconformities(lots, uses and structures)are downtown area,as defined in the November 1972 revision of said contained in Chapter 17.140 KIBC. plan,shall also comply with the provisions of that plan,and where its requirements are different than those of this chapter,the stricter of the two shall apply. 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ORIGINATOR: Finance Director FISCAL IMPACT: ® Yes $ or ❑ No Funds Available ® Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Ordinance No. FY2014-01A APPROVAL FOR AGENDA: Aet SUMMARY STATEMENT: This ordinance is to provide for the following adjustments in the FY2014 budget: • Fund 469 Renewal and Replacement Project #11009 Karluk Underground Storage Tank bids will need to be increased from $292.972 to $412,931, an increase of $119,959 due to the following: o this project was originally budgeted in FY2011, with no subsequent increases for inflation o due to staff shortages and workload work did not begin until FY2014, meaning construction costs have increased • Fund 469 Renewal and Replacement Project #12001 North Star Exterior will need to be increased from $269,499 to $357,127, an increase of$87,628 due to the following: o the scope of work was originally just painting the exterior of the school o subsequent site investigations revealed the need for increased repairs, so the scope of work has been increased to include repairing sections of siding, and re-coating the exterior bus shelter canopies • Fund 469 Renewal and Replacement Project #12007 Larsen Bay Roof bids were higher than anticipated and will need to be increased from $545,953 to $598,200, an increase of $52,247 • Fund 469 Renewal and Replacement has a contingency balance of $996,015 • Most of the equipment in the Borough parks are old and in disrepair, and in following direction stated in the adopted Assembly Strategic Plan, repairs will be done to one or two Borough parks in FY2014 • The Borough has received a grant for $2,187,452 through the US Fish and Wildlife Service, Coastal Impact Assistance Program (CIAP) for the Metal Debris and Household Hazardous Waste Clean-up and Removal from Remote Communities project RECOMMENDED MOTION: Move to adopt Ordinance No. FY2014-01A. Kodiak Island Borough Page 1 of 1 Introduced by: Borough Manager Requested by: Finance Director SUBSTITUTED VERSION Drafted by: Finance Director 2 Introduced: 07/18/2013 3 Public Hearing: 08/01/2013 Adopted: 4 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2014-01A 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND 9 BOROUGH ASSEMBLY AMENDING ORDINANCE NO. FY2014-01 BY 10 AMENDING BUDGETS TO PROVIDE FOR ADDITIONAL 11 EXPENDITURES AND TO BUDGET FOR A COASTAL IMPACT 12 ASSISTANCE PROGRAM (CIAP) GRANT 13 14 WHEREAS, Fund 469 Renewal and Replacement Project #11009 Karluk Underground 15 Storage Tank bids - - .. . . •: will need to be increased from 16 $292.972 to $412,931, an increase of$119,959 due to the following: 17 • this project was originally budgeted in FY2011, with no subsequent increases 18 for inflation 19 • due to staff shortages and workload work did not begin until FY2014, 20 meaning construction costs have increased; and 21 22 WHEREAS, Fund 469 Renewal and Replacement Project #12001 North Star Exterior 23 - - - . .. -. will need to be increased from $269,499 to $357,127, an 24 increase of$87,628 due to the following: 25 • the scope of work was originally just painting the exterior of the school 26 • subsequent site investigations revealed the need for increased repairs, so 27 the scope of work has been increased to include repairing sections of siding, 28 and re-coating the exterior bus shelter canopies; and 29 30 WHEREAS, Fund 469 Renewal and Replacement Project #12007 Larsen Bay Roof bids 31 were higher than anticipated and will need to be increased from $545,953 to $598,200, an 32 increase of$52,247; and 33 34 WHEREAS, Fund 469 Renewal and Replacement has a contingency balance of 35 $996,015; and 36 37 WHEREAS, most of the equipment in the Borough parks are old and in disrepair, and in 38 following direction stated in the adopted Assembly Strategic Plan, repairs will be 39 done to one or two Borough parks in FY2014; and 40 41 WHEREAS, the Borough has received a grant for $2,187,452 through the US Fish and 42 Wildlife Service, Coastal Impact Assistance Program (CIAP) for the Metal Debris and 43 Household Hazardous Waste Clean-up and Removal from Remote Communities project. 44 45 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 46 BOROUGH THAT: 47 48 Section 1: This ordinance is not of a general and permanent nature and shall not 49 become a part of the Kodiak Island Borough Code of Ordinances; 50 Kodiak Island Borough, Alaska Ordinance No. FY2014-01A Page 1 of 2 51 Section 2: The budget for Project #11009, Karluk Underground Storage Tank, will be 52 increased from $292.972 to $412,931, an increase of$119,959. 53 54 Section 3: The budget for Project #12001, North Star Exterior, will be increased from 55 $269,499 to $357,127, an increase of$87,628. 56 57 Section 4: The budget for Project #12007, Larsen Bay Roof will be increased from 58 $545,953 to $598,200, an increase of$52,247. 59 60 Section 5: The budget for contingencies in Fund 469, renewal and replacements, will 61 be decreased by $259,834. 62 63 Section 6: The General Fund Parks and Recreation (100-172) budget will be increased 64 by $150,000 and the General Fund use of fund balance account will also be 65 increased $150,000. 66 67 Section 7: Project 13004, Metal Debris and Household Hazardous Waste Clean-up 68 and Removal from Remote Communities, will be set up for the CIAP grant 69 and budgeted for revenues and expenditures of $2,187,452. 70 71 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 72 THIS DAY OF 2013 73 74 75 KODIAK ISLAND BOROUGH 76 77 78 79 Jerome M. Selby, Borough Mayor 80 81 ATTEST: 82 83 84 85 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Ordinance No. FY2014-01A Page 2 of 2 v F3 .- -<< j Kodiak Island Borough A �t\\ 1 S ., �1 �S Engineering & Facilities Department :At"4 ` mot,•& `° Projects Office g' 710 Mill Bay Road OHO ,j, It Kodiak, Alaska 99615 Phone (907) 486-9212 Fax (907) 486-9347 . Date: July 29, 2013 To: Mayor and Assembly From: Matt Gandel, Project Manager/Inspector CC: Bud Cassidy, Manager Woody Koning, E/F Director RE: Ordinance No. FY2014-01A. Budget Amendment Staff is requesting the Assembly approve budget increases for three Renewal and Replacement projects: Karluk Underground Storage Tank, North Star Elementary Exterior, and Larsen Bay Roof Replacement. These increases would be deducted from Fund 469 Renewal and Replacement contingency. The contingency is currently $996,015; the requested increases total $259,834. Details on each project budget are below. Karluk Underground Storage Tank The FY2013 budget included several projects for removal of underground storage tanks (UST) at various sites around the island. From talking with contractors it became clear that these budgets would not cover the cost of construction, design, and administration that these projects would require. At the beginning of 2013, the removal of the four UST's at Karluk School became a priority due to Alaska Department of Environmental Conservation direction that the tanks had to be removed by September 30, 2013, or KIB would risk facing fines. In order to proceed with the Karluk project staff combined all the money from the various UST projects into one project, hoping it would be enough to complete the Karluk project. The total amount available after combining all the UST projects was $292,972. Staff advertised for bids for the Karluk project in March 2013 and received four bids ranging from $293,000 to $382,450. Red Hook Construction was the low bidder at $293,000. Staff has developed the attached budget showing a budget total of$412,931, based on Red Hook's contract, design cost from Jensen Yorba Lott, administration cost, and contingency. North Star Exterior The original scope of work for this project included just painting the exterior of the school. During the design phase in winter of 2013, site investigations revealed the need to replace some siding areas, repair some siding areas, and also re-coat the exterior bus shelter canopies which are severely rusted. Due to this increased scope the budget has increased from $269,499 to $357,127. Staff advertised for bids for this work in May 2013, and Wolverine Supply was the low bidder at $274,713. Attached is a budget summary showing the revised budget based on Wolverine Supply's contract, design cost from Jensen Yorba Lott, administration cost, and contingency. Larsen Bay Roof Replacement The original budget for this project was based on an engineer's estimate of $450,000 for construction. Staff advertised for bids in March 2013 and received five bids ranging from $498,500 to $709,517. Rain Proof Roofing was the low bidder at $498,500. Because the low bid exceeded the engineers estimate, the overall budget has increased from $545,953 to $598,200. Attached is a budget summary showing the revised budget based on Rain Proof Roofing's contract, design cost from Jensen Yorba Lott, administration cost, and contingency. Karluk UST Replacement - Project 11009 Budget Summary Account/Vendor Budget Committed Expenses Remaining Site Investigation Alaska Fuel Systems $ 6,301.90 Total $ 6,302.00 $ - $ 6,301.90 $ 0.10 Design Jensen Yorba Lott $ 12,018.50 $ 18,251.50 Total $ 33,035.00 $ 12,018.50 $ 18,251.50 $ 2,765.00 Construction Karluk IRA Tribal Council $ 6,160.00 KIB Repairs $ 1,256.24 Permits $ 60.00 Red Hook Construction $ 173,400.00 $ 115,600.00 Total $ 296,477.00 $ 173,400.00 $ 123,076.24 $ 0.76 Equipment Greer Tank $ 41,345.00 Total $ 41,345.00 $ - $ 41,345.00 $ - Admin Advertising $ 3,294.54 Misc. Admin $ 873.65 Payroll $ 9,532.59 Travel $ 568.25 Total $ 16,517.00 $ - $ 14,269.03 $ 2,247.97 Contingency $ 19,255.00 $ - $ - $ 19,255.00 PROJECT TOTAL $ 412,931.00 $ 185,418.50 $ 203,243.67 $ 24,268.83 North Star Elementary Exterior- Project 12001 Budget Summary AccountNendor Budget Committed Expenses Remaining CM by Consultant $ 4,550.00 $ - $ 4,550.00 $ - Design Jensen Yorba Lott $ 22,428.75 $ 7,571.25 Total $ 32,966.00 $ 22,428.75 $ 7,571.25 $ 2,966.00 Construction Wolverine Supply(canopy) $ 77,000.00 $ - Wolverine Supply(exterior) $ 197,713.00 $ - Total $ 274,713.00 $ 274,713.00 $ - $ - Admin Advertising $ 3,163.96 Misc. Admin $ 295.01 Payroll $ 3,171.25 Permits $ 90.00 Total $ 21,977.00 $ - $ 6,720.22 $ 15,256.78 Contingency $ 22,921.00 $ - $ - $ 22,921.00 PROJECT TOTAL $ 357,127.00 $ 297,141.75 $ 14,291.47 $ 41,143.78 Larsen Bay Roof Rep!cement -Project 12007 Budget Summary Account/Vendor Budget Committed Expenses Remaining Design Jensen Yorba Lott $ 14,800.00 $ 23,980.00 Total $ 49,850.00 $ 14,800.00 $ 23,980.00 $ 11,070.00 Construction Rain Proof Roofing $ 498,500.00 Permits $ 60.00 Total $ 498,560.00 $ 498,500.00 $ 60.00 $ - Admin Advertising $ 2,106.30 Misc. Admin $ 534.00 Payroll $ 2,597.56 Travel $ 497.00 Total $ 16,517.00 $ - $ 5,734.86 $ 10,782.14 Contingency $ 33,273.00 $ - $ - $ 33,273.00 PROJECT TOTAL $ 598,200.00 $ 513,300.00 $ 29,774.86 $ 55,125.14 * ° `,- KODIAK ISLAND BOROUGH tr° AGENDA STATEMENT TEFIlkiv REGULAR MEETING OF: AUGUST 1, 2013 ITEM NO.: 13.A.1 TITLE: Contract No. FY2014-03 Providence Kodiak Island Counseling Center Services to Kodiak Island Borough School District for School Year 2013-2014. ORIGINATOR: Manager's Office Staff FISCAL IMPACT: ® Yes $381,350 or ❑ No Funds Available ® Yes ❑ No Account Number: 201-201 430-165 Amount Budgeted: $381,350 ATTACHMENTS: Contract No. FY2014-03 APPROVAL FOR AGENDA:7. SUMMARY STATEMENT: Attached is the agreement between the Kodiak Island Borough and Providence Kodiak Island Counseling Center setting forth the terms and conditions pursuant to providing mental health services for the Kodiak Island Borough schools. The contractor has worked with the School District to identify and document a mutual understanding of the program's scope and requirements with a focus on ensuring the greatest amount of quality service within the budgeted amount of$381,350. RECOMMENDED MOTION: Move to authorize the manager to execute Contract No. FY2014-03 with Providence Kodiak Island Counseling Center of Kodiak, Alaska to provide mental health services for the 2013-2014 school year in an amount not to exceed $381,350. Kodiak Island Borough Page 1 of 1 KODIAK ISLAND BOROUGH SCHOOL DISTRICT/PROVIDENCE KODIAK ISLAND COUNSELING CENTER/KODIAK ISLAND BOROUGH SCOPE OF SERVICES FOR THE SCHOOL CLINICIAN PROGRAM FOR THE 2013-2014 SCHOOL YEAR The Kodiak Island School District(KIBSD),Providence Kodiak Island Counseling Center(PKICC) and the Kodiak Island Borough (KIB)work together in a trilateral agreement to provide school based mental health services. The School Clinician Program funding is appropriated by the Kodiak Island Borough and is reflected as an in-kind budget agreement between the KIBSD and the MB. Funds for School Clinician Program services are provided to PKICC through a monthly budgetary process. The purpose of this program is to provide quality mental health services to the town and rural schools of KIBSD. Services are generally offered in the schools but also may occur in a variety of settings based on a treatment plan developed to meet the emotional needs of individual students. SERVICES Services include: 1. Mental health counseling for students, including individual, family, and group counseling as needed, with prioritized services to students with IEP recommendations. 2. Private school students on IEP's may receive mental health services recommended by the IEP team in the public school setting. 3. Consultation with teachers, counselors, school psychologists, and school administrators (bi-monthly meeting with all KIBSD School Psychologists, Counselors and Administrators) 4. Assistance in the development of behavioral management strategies for identified students (PKICC School Clinicians will develop treatment plans for each student seen addressing behavioral concerns). 5. Assistance in referral of identified students to appropriate community resources. 6. Topic focused psycho educational classes and groups. 7. Crisis intervention services for acutely distressed or suicidal students. 8. At the request of KIBSD principal/staff, PKICC School Program Team Leader will initiate CISM (Critical Incident Stress Management) services. 9. Psychiatric evaluation services will be provided for up to 3 hours per month as part of the scope of services agreement. 10. PKICC Clinician will be available during summer school. 11. Staff training will be available during teacher in-service week and at the request of the Principal or Administrative Staff. 12. A minimum of one parent workshop/training will be available during the year. COLLABORATION PKICC will work with KIBSD to provide an integrated approach in the treatment of Kodiak Island Borough students and families utilizing the skill and expertise of School Clinicians as well as other PKICC staff when needed to provide support and quality mental health care. This includes services by the PKICC Medical Director/Board Certified Psychiatrist, other multi-disciplinary team members, and the PKICC Director. To foster good communication and collaboration between KIBSD and PKICC, a core group representing administrative and counseling staff will meet bi-monthly throughout the year. STAFFING The School Clinician Program will be staffed with four Clinician 1 FTE's providing direct service within the schools and .3 FTE for supervision by a licensed professional counselor or social worker. Clinician I are licensed eligible or actively pursuing a Master's of Arts or a Master's in Science in a mental health field. (Actively pursuing means acceptance into a program and completion of one 3 credit course per semester including summer.) Staff assignments will include one FTE in the High School, one FTE in the Middle School,two FTE's in the Elementary Schools. Each staff member will have one or more village responsibilities. Changes in staff assignments will be discussed with the KIBSD Director of Special Service. In the event of a need to hire new staff, PKICC will invite a representative from KIBSD to participate in an interview panel. KIBSD will choose its own representative. In the school year, PKICC Clinicians will travel to village schools as designated by KIBSD Superintendent. Each visit will provide at least one school day of service to students and staff with no more than 9 visits per year per village. To facilitate collaboration and increase support for village school staff PKICC Clinicians will initiate regular e-mail communication with designated village school staff and structure their schedules to allow for support. PKICC Clinicians will also participate in teleconference meetings with village school staff as scheduled by both KIBSD and KANA. Unfilled positions or leave of more than 10 consecutive school days will be discussed with the KIBSD and additional staff within PKICC will be appointed to provide coverage for the caseload. If additional staff is not immediately available within PKICC, the center will advertise for a short-term or long-term position. PKICC will provide monthly service reports that detail the number of service days provided by each School Clinician to the village and town schools. Specific dates for leave of absence or unfilled positions will be provided as well. These reports will be due by the 10th of each month and will be provided to the KIBSD and the KIB. JOB CLASSIFICATIONS AND DEFINITIONS CLINICIAN I Clinical position providing mental health services to children, adolescents and adults. PKICC School Clinicians are responsible for referring a child or family to a higher level of care when needed. Provides crisis and emergency services as necessary. PKICC School Clinicians are supervised by a licensed clinician. Is responsible for taking calls for emergencies on a rotating basis. All Clinician I staff is supervised by a Master's level licensed supervisor (School Program Team Leader). The School Program Team Leader is directly supervised by the PKICC Medical Director. SCHOOL CLINICIAN PROGRAM TEAM LEADER Manages School Program, supervises school clinicians, and ensures program provided services consistent with the accepted best practice mental health practices. Member of agency's Management Team. She provides direct clinical services and emergency on- call coverage on a rotating basis. PSYCHIATRIST (Medical Director) The Medical Director supervises all clinical activities of the Providence Kodiak Island Counseling Center. The Medical Director also assists with the management of all program activities and operations in partnership with the Director. Consults with the Director on all Center activities and functions. As a member of the Center's management team, is responsible for coordination of clinical mental health services and is capable of acting both independently and interdependently as responsibilities dictate. Provides complex,high-level mental health services as appropriate to professional credential and Center needs, including crisis and emergency services to adults, adolescents, and children. Supervises, evaluates, and coordinates activities of clinical personnel engaged in providing mental health services throughout the Counseling Center, managing all clinical services within accepted standards of mental health practice. PKICC DIRECTOR The Director supervises all administrative activities of the Providence Kodiak Island Counseling Center. Plans operations and coordinates with Team Leaders; Consults with the Medical Director on all Center activities and functions. Resolves conflict between groups and individuals. Analyzes and evaluates staffing, goals and objectives,budgets, financial strategies, and operating functions. REFERRAL SERVICES Services provided in the school setting will be predominantly psycho educational or behavioral in nature. Written permission from parent or guardian is necessary for a child to receive counseling services in school. Students with a significant psychiatric disorder, or those who may be appropriate to receive, or are already receiving, therapeutic services will be referred to PKICC or another appropriate agency or private practice. Counseling services provided by PKICC staff other that the school based counselors, are not a provision of this agreement. Families will make both clinical and financial arrangements directly with PKICC. Providence Kodiak Island Counseling Center will bill individual insurance companies and/or families as appropriate and will provide a Sliding Scale Fee Program to qualify referred clients. PKICC School Clinicians, KIBSD school staff, agency provider, and private practice individuals will work collaboratively in the best interest of the student and family. /- — Welby Jen - r _.D., Medicalliiector Stewart Mc F nald, Superintendent Providence K..iak Island Kodiak Island Borough School District Counseling Center Mary Guilas-Hawver, Director Krista McGuyer, Director Specia 'ery ces Providence Kodiak Island Kodiak Island Borough School District Counseling Center lie e_e_, a Charles Cassidy, Borough te Kodiak Island Borough MENTAL HEALTH SERVICES THIS AGREEMENT is entered into by and between the Kodiak Island Borough, Alaska ("Borough") and Providence Health and Services -Washington dba Providence Kodiak Island Counseling Center. ("Contractor") for the purpose of setting forth terms and conditions pursuant to which the Contractor shall be contracted to provide mental health services. WITNESSETH Section 1. INTENT OF AGREEMENT. The Contractor is hereby contracted to provide a Mental Health in the Schools Program as described in the attached annual collaborative plan and fulfill all of the mental health services required by funded grants through the State of Alaska Department of Health and Social Services for community mental health program services. Contractor agrees to be bound by the same collaborative plans and grants. Section 2. SCOPE OF WORK. During Fiscal Year 2013-2014, the Contractor shall provide the staffing required to deliver the services specified in the mental health in the schools collaborative plan and the grants from the State of Alaska. The Contractor will complete all documentation, billing and reporting as specified. The Contractor shall submit a monthly activity report of all activities of the Contractor by the 10th day following the end of each month to the Borough Manager and the School District Superintendent. Further, the Contractor shall provide financial summaries to the Administrative Service Review Team meetings to be held quarterly beginning in calendar year 2013 as mutually agreed to by all parties. Section 3. TERM. Unless earlier terminated, this agreement will remain in effect beginning July 1, 2013 and ending June 30, 2014. This agreement will correspond with the Lease Agreement currently in effect between the Kodiak Island Borough and Providence Health and Services —Washington. At any time either the Borough or the Contractor may terminate this agreement by 30 days written notice to the other party. This agreement shall terminate 30 days from the notice if either party gives a written notice of its desire to reopen negotiations to the other party. This agreement shall terminate 30days from the date of such notice without further action by either party and shall be of no further force and effect other than to perform any obligation incurred but not paid prior to termination. However, this agreement will not terminate 30 days from the notice if either party gives a written notice of its desire to reopen negotiations to the other party. If this notice is given before 30 days have passed after a written termination notice has been given, the running of those 30 days shall be tolled for 60 days. During this 60-day period, the parties will negotiate in good faith. This agreement shall remain fully in force during the 60-day negotiation period. If the issue has not been resolved to the satisfaction of both parties by the end of the 60-day period, then the 30-day termination period, if applicable, will begin running again from where it stopped. Section 4. COMPENSATION. Compensation for all services rendered under this agreement, Contractor shall be paid quarterly in 4 equal installments beginning on October 1, 2013 of $95,337.50 for a total fiscal year 2013-2014 contract amount of $381,350. IN WITNESSETH WHEREOF the parties have executed this Agreement on this day of , 2013. KODIAK ISLAND BOROUGH Providence Health and Services- Washington, dba Providence Kodiak Counseling Center Nw Charles E. Cassidy Jr. Susan Humphrey T,3 Borough Manager Area Operations dmi or ATTEST: Borough Clerk Providence Kodiak Island Counseling Center Clinician in-the-Schools-Program AUGUST 2012 TO JULY 2013 4 OF DAYS PER MONTH LOCATION PROVIDER # OF STUDENTS PROFESSIONAL/ Aug-12 Sep-12 Oct-12 Nov-12 Dec-12 Jan-13 SERVED PARENT CONSULTS OLD HARBOR S. PHILO 4 EAST L. BLUMERICK 15 12 MAIN L. BLUMERICK 16 13 NORTH STAR L. BLUMERICK 23 11 PETERSON L. BLUMERICK 35 26 AKHIOK L. BLUMERICK 0 1 KARLUK L. BLUMERICK 2 11 MIDDLE SCHOOL E. LIGHTLE 25 55 HIGH SCHOOL L. FOY 26 10 OLD HARBOR L. FOY 5 5 HIGH SCHOOL L. FOY 31 13 OUZINKIE L. FOY 17 4 PORT LIONS L. FOY 1 6 MIDDLE SCHOOL L. FOY 0 1 MIDDLE SCHOOL E. LIGHTLE 35 71 OLD HARBOR S. PHILO 4 1 EAST L. BLUMERICK 30 23 MAIN L. BLUMERICK 19 16 NORTH STAR L. BLUMERICK 24 26 PETERSON L. BLUMERICK 26 33 AKHIOK L. BLUMERICK 0 1 KARLUK L. BLUMERICK 2 8 MIDDLE SCHOOL E. LIGHTLE 21 30 PETERSON R. SULLIVAN 10 12 MAIN R. SULLIVAN 13 15 EAST R. SULLIVAN 20 18 NORTH STAR R. SULLIVAN 0 0 CHINIAK R. SULLIVAN 3 4 HIGH SCHOOL L. FOY 26 10 OUZINKIE L. FOY 15 4 KARLUK L. FOY 8 2 AKHIOK L. FOY 1 2 OLD HARBOR S. PHILO 3 3 EAST L. BLUMERICK 18 9 MAIN L. BLUMERICK 20 7 NORTH STAR L. BLUMERICK 26 13 PETERSON L. BLUMERICK 28 19 AKHIOK L. BLUMERICK 0 2 KARLUK L. BLUMERICK 0 2 MIDDLE SCHOOL L. BLUMERICK 8 6 HIGH SCHOOL L. FOY 28 11 MIDDLE SCHOOL L. FOY 5 6 PORT LIONS L. FOY 1 4 OUZINKIE L. FOY 1 0 OLD HARBOR L. FOY 2 2 PETERSON R. SULLIVAN 14 16 MAIN R. SULLIVAN 20 21 EAST R. SULLIVAN 25 21 NORTH STAR R. SULLIVAN 32 32 CHINIAK R. SULLIVAN 3 4 MIDDLE SCHOOL L. BLUMERICK 0 0 4 OLD HARBOR S. PHILO 0 0 0 PETERSON R. SULLIVAN 24 21 5 MAIN R. SULLIVAN 20 28 5 EAST R. SULLIVAN 42 18 7 NORTH STAR R. SULLIVAN 35 22 5 CHINIAK R. SULLIVAN 0 0 0 HIGH SCHOOL L. FOY 25 10 17 MIDDLE SCHOOL L. FOY 7 4 6 OUZINKIE L. FOY 4 4 2 PORT LIONS L. FOY 0 0 0 PETERSON R. SULLIVAN 18 14 3 MAIN R. SULLIVAN 10 23 3 EAST R. SULLIVAN 16 22 2 NORTH STAR R. SULLIVAN 28 21 3 CHINIAK R. SULLIVAN 3 5 1 HIGH SCHOOL L. FOY 20 19 10 MIDDLE SCHOOL L. FOY 5 4 3 OUZINKIE L. FOY 3 3 1 OLD HARBOR S. PHILO 11 0 1 HIGH SCHOOL L. FOY 23 10 11 MIDDLE SCHOOL L. FOY 0 4 4.5 AKHIOK L. FOY 8 3 1 PETERSON R. SULLIVAN 18 21 4 MAIN R. SULLIVAN 16 18 3 EAST R. SULLIVAN 34 32 4 NORTH STAR R. SULLIVAN 33 32 3 CHINIAK R. SULLIVAN 2 0 1 KARLUK R. SULLIVAN 0 0 0 OLD HARBOR S. PHILO 0 0 1 HIGH SCHOOL L. FOY 35 63 20 MIDDLE SCHOOL L. FOY 7 4 4.5 OUZINKIE L. FOY 3 5 1 PETERSON R. SULLIVAN 6 23 3 MAIN R. SULLIVAN 20 34 5 EAST R. SULLIVAN 41 24 5 NORTH STAR R. SULLIVAN 36 23 4 KARLUK R. SULLIVAN 0 4 1 CHINIAK R. SULLIVAN 2 3 1 OLD HARBOR S. PHILO 0 0 1 HIGH SCHOOL L. FOY 26 16 15 MIDDLE SCHOOL L. FOY 14 9 4 OLD HARBOR L. FOY 1 3 1 OUZINKIE L. FOY 3 4 1 PETERSON R. SULLIVAN 8 15 4 MAIN R. SULLIVAN 13 20 4 _S;uoa ar, 4.4L.t...-73 NORTH STAR R. SULLIVAN 21 19 4 CHINIAK R. SULLIVAN 0 0 1 PETERSON R. SULLIVAN 0 12 2 MAIN R. SULLIVAN 0 15 1 NORTH STAR R. SULLIVAN 0 12 1 CHINIAK R. SULLIVAN 0 2 0 EAST R. SULLIVAN 0 15 1 HIGH SCHOOL L. FOY 7 10 7 MIDDLE SCHOOL L. FOY 1 4 1 PORT LIONS L. FOY 0 5 1 TOTALS 1340 1304 14 34 45.5 32.5 27 51 4 r:. AN KODIAK ISLAND BOROUGH `a 1 ;;i i AGENDA STATEMENT REGULAR MEETING OF: AUGUST 1, 2013 ITEM NO.: 13.A.2 TITLE: Contract No. FY2014-04 for Professional Land Surveying Services to Complete Boundary Survey for ASLS 2012-59. ORIGINATOR: Resource Management Officer FISCAL IMPACT: ❑ Yes $ or❑ No Funds Available ® Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Contract No. FY2014-04 APPROVAL FOR AGENDA: SUMMARY STATEMENT: The intent of the Alaska State Land Survey (ASLS) 2012-59 is to finalize conveyance from the State of Alaska of a portion of Lot 4, US Survey 2538-A, which comprises the high school campus. Approximately one half of Lot 4 was conveyed to the Borough in 1973 by Patent #1571. The remaining portion of Lot 4 was not conveyed at that time pending resolution of adjacent conveyances, including the Armory property. Due to oversight, it has not been subsequently conveyed. The Borough continues to have management authority over the propery. The Special Survey Instructions issued by ADNR for ASLS 2012-59 have proved to be more involved and complicated than originally understood. Also, destruction of property monumentation by subsequent and current construction projects in the area has required substantial additional research and recovery of property corners to preform necessary boundary calculations. Finally, there is a unforseen need for easement descriptions for utilities not accurately located, or located at all, in previous surveys. For there reasons, survey costs will increase significantly. The final cost to complete the project will be determined by the number of hours necessary to satisfy State survey requirements according to the rate schedule contained in the Land Survey Proposal submitted by Kodiak Land Surveying dated November 26, 2012 RECOMMENDED MOTION: Move to authorize the Manager to execute Contract No. FY2014-04 with Kodiak Land Surveying for professional land surveying services to complete ASLS 2012-59. Kodiak Island Borough Page 1 of 1 AGREEMENT FOR PROFESSIONAL LAND SURVEYING SERVICES THIS AGREEMENT made this day of , 2013, by and between the Kodiak Island Borough(KIB) and Kodiak Land Surveying(KLS). 1. Project: KLS agrees to perform the services for the professional completion of Alaska State Land Survey No. 2012-59 according to the Special Survey Instructions issued by ADNR Nov. 19, 2012, and any subsequent specifications and addenda thereto herein referenced as Services. KIB agrees to compensate KLS for its Services to complete the project, ASLS2012-59 Kodiak Island Borough High School Subdivision, at an hourly rate as listed on KLS Current Rate Sheet. 2. Job Performance KIB contracts with KLS as an independent to provide all labor, materials, equipment and services necessary to complete the project, Alaska State Land Survey No. 2012-59KLS, and agrees to furnish its best skill and judgment in performance of the work. KIB agrees to provide KLS with any and all documents necessary for the planning and completion of work outlined in the scope of work. During the course of the project KIB shall deliver, upon KLS's request,any additional information or documents that are necessary for KLS to perform its services under this Agreement. 3. Project Manager KIB's project manager shall be the Borough Manager or his designee. KIB shall designate an authorized representative whom KLS shall direct all communications relating to the project KIB's authorized representative will be the KIB Resource Management Officer Bob Scholze. KLS shall designate a person, subject to KIB's approval who shall be KLS's authorized representative: Name: Jim Purdy 4. Compensation KIB agrees to compensate KLS for its Services to complete the project, ASLS2012-59 Kodiak Island Borough High School Subdivision, at an hourly rate as listed on KLS Current Rate Sheet. The original anticipated cost of$25,000 to complete this project for conveyance of title from the State of Alaska to KIB as described in the Special Survey Instructions will be exceeded as necessary to comply with unanticipated survey instructions from the State,unforeseen easement descriptions for utilities not accurately located, and/or replacement of destroyed survey monuments. 5. Safety KLS is required to perform the scope of work in a safe and reasonable manner. KLS shall implement appropriate safety measures pertaining to the scope of work and the project. KIB shall inform KLS of any safety issues concerning the scope of work and the project. KLS shall give prompt notice to the KIB of any accident or property damage exceeding $500 or any potentially dangerous or unsafe condition encountered in relation to the scope of work or project. 6. Indemnification KLS specifically obligates itself to the Kodiak Island Borough in the following respects to wit: (i) to indemnify the Kodiak Island Borough against, and save him harmless from any and all claims, suits, or liability, on account of any negligent act or omission of KLS, or any of his officers, agents, employees or servants; (ii) to pay for all materials furnished and services performed under this Agreement. 7. Insurance KLS shall at all times, at its own expense, keep in force the following described insurance for protection against the claims of employees or other persons, insuring both KLS and the Kodiak Island Borough against liability that may accrue against them or either of them in connection with KLS's performance under this assignment. KLS shall procure and maintain in force for the duration of the scope of work, Workers Compensation Insurance,Employers Liability Insurance and Business Automobile Liability Insurance insuring all vehicles used by KLS in conjunction with the project to the limits stipulated below. KLS shall provide certificates of coverage upon Client's written request. Workers Compensation: Bodily Injury by accident: $500,000 each accident Bodily Injury by disease: $500,000 policy limit Bodily Injury by disease: $500,000 each employee Employers Liability: Business Liability: $1,000,000 Products Completed Operations(PCO) Aggregate: $2,000,000 General Aggregate (Other than PCO): $2,000,000 Business Automobile Liability: Bodily Injury: $1,000,000 Property Damage: $1,000,000 If KLS fails to comply with the insurance requirements of this Agreement,the Kodiak Island Borough may terminate the Agreement on ten(10) days written notice. The Kodiak Island Borough must be named as "Additionally Insured" at a charge of$50 which will be invoiced to KIB. 8. Certification KLS certifies that it is not debarred, suspended, proposed for debarment or declared ineligible for professionally licensed land surveying work with the State of Alaska. KLS shall notify KIB within five(5)working days of any such action brought against KLS during the term of this Agreement. 9. Correction of work If KIB rejects the work of KLS due to its non-conformance to this Agreement or the work has been concluded to be in error,upon receiving written notification of fault KLS shall promptly correct all such work. 10. Prosecution of Work KI.S shall prosecute the work in a prompt and diligent manner whenever such work or any part of it becomes available, in order to promote the general progress of the entire project. Upon written request by the Kodiak Island Borough, KLS shall furnish to the Kodiak Island Borough such evidence as the Kodiak Island Borough may require relating to the ability of KLS to complete the project. 11. Claims Partial payments for work performed under this Agreement will equal the value of the work done by KLS at the agreed price, less the sum of previous payments as provided above; provided that KLS is not indebted to the Kodiak Island Borough or anyone else for professional services, fringes,taxes, supplies,materials, equipment,rental or other proper charges against the services covered by this Agreement, but if he is, the amount of such indebtedness may be deducted by the Kodiak Island Borough from any payment or payments made under this provision. KLS must notify the Kodiak Island Borough or his agent of any and all claims for costs in excess of the contract amount within ten(10) days of incurring such cost. 12. Changes and Modifications KIB may,at any time by written order signed by the Project Manager,make changes in the specifications for services hereunder or in the project schedule. Any additions or reductions to the amount of this Agreement resulting from authorized changes whether initiated by KLS or KIB must be agreed upon in writing by both parties hereto, subject to the contract and sale provisions of the Kodiak Island Borough Code. The cost or credit to the Kodiak Island Borough resulting from a change in the services or in the project schedule shall be determined as follows: (1) by mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation: or (2) by the hourly fees stated in the contract documents or subsequently agreed upon. 13. Work Schedule The parties anticipate that this project will be substantially completed on September 30, 2013, which may be extended for additional survey instructions issued by the State, or for other good cause. If KLS is delayed at any time in the progress of its services by changes ordered in the work or Extra Services as provided in proposal, or by strikes, riots, fires, unavailability of labor or materials at established area wage rates or prices,acts of God or public enemies, inclement weather, unusual evidence or lack thereof found in the field, or in the official records, the failure of KIB or any third party or their agents to furnish information or to approve or disapprove KLS's services promptly, or due to late or slow or faulty performance by KIB, other contractors performance of whose work is precedent to or concurrent with the performance of KLS's services, or other conditions or causes beyond the control of KLS, then KLS's progress schedule shall be extended accordingly. When such delays beyond KLS's reasonable control occur, KLS shall not be responsible for damages nor shall KLS be deemed to be in default of this Agreement. 14. Changed Conditions KIB agrees that job proposal presented prior to work beginning is based on current conditions and understanding of project contingent on communications received from KIB. Services performed pursuant to this Agreement are based upon field and other conditions existing at the time these services were performed. KIB acknowledges that field and other conditions may change at any time, and clarification, adjustments, modifications and other changes may be necessary to reflect changed field or other conditions. Such clarifications, adjustments,modifications and other changes shall be paid for by KIB as Extra Services. 15. Time Definitions: (I) Unless otherwise provided, the contract time is the period of time allotted in this Agreement for substantial completion of the project. (2) The date of substantial completion of the project or designated portion thereof is the date certified by the Project Manager when the project is sufficiently complete, in accordance with the contract documents, so KIB can utilize the project or designated portion thereof for the use for which it is intended. (4) The date of final completion is the date that KIB certifies either orally or in writing that the project is finished. (5) The term day as used in the contract documents shall mean calendar day unless otherwise specifically designated. All time limits set forth herein are of the essence of this Agreement. 16. Payments Withheld KIB may withhold payments from KLS for any of the following reasons: (1) The application for payment mistakes the amount of services completed: (2) Defective services not remedied; (3) Third party claims filed or reasonable evidence indicating probable filing of such claims; (4) Failure of KLS to make payments properly to consultants and subcontractors or for professional services, materials or equipment; (5) Persistent failure to perform the services in accordance with the proposal. 17. Ownership and Use of Work Product All plats, drawings, reports, plans, specifications, field data, notes and other documents, including all documents on electronic media,prepared by KLS are KLS's Instrument of Service and may not be used by the contractor, developer, property owner, design professional or any other individual or firm on other projects, for additions to this project or for completion of this project by another design professional, except by agreement in writing with KLS. KIB further agrees that KLS's Instrument of Service is for the exclusive use of KIB and may be used by KIB only for the project described in this Agreement. Such final plats, specifications, drawings, reports or other documents may not be changed or used on a different project without written consent of KLS. KLS's Instruments of Service may be used by KLS without the consent of KIB. KIB will be furnished a signed and sealed copy of all final plats and other documents required by provisions of this Agreement to be prepared by KLS. 18. Payment of Costs All requests for payment shall be for work completed unless otherwise agreed to by the project manager. KLS shall provide any additional information to KIB which may be reasonable in support of any payment request. KIB shall pay to KLS the amount invoiced for hours charged according to the current rate sheet contained in the Land Survey Proposal (ASLS 2012-59)dated November 26, 2013. Payment for any invoice, progress or final, will be made within 30 days unless other agreement is made in writing. Accounts greater than 30 days past due are subject to a 1.5% per month finance charge. Upon payment received by KLS from KIB, KLS shall use the payment to satisfy any indebtedness owed by KLS to any person furnishing labor, materials, or fees used in performing the work in connection with this Agreement before it is used for any other purpose. 19. Additional Services KLS's obligations under this Agreement shall be limited to the services expressly described in the "Exhibit A —Proposal" or in Change Orders agreed to by the parties pursuant to the terms hereof. KIB agrees that if it requests services not specified in the scope of services described in this Agreement, KIB will pay for all such additional services as Extra Services, in accordance with KLS's usual and customary billing rates. KIB and KLS may agree on changes in the Services consisting of additions,deletions or modifications, the compensation to KLS and the Schedule being adjusted accordingly. 20. Extra Services The following shall be deemed to be Extra Services. a. Restaking or additional staking considered in excess of standard layout or due to removal in the course of work or due to weather conditions or seasonal shutdown of project. b. Field notes used for construction. c. Resetting of any property corners, boundary markers or bench marks which were destroyed and which notification was not provided to KLS prior to agreement as to need of their removal/destruction or which occur during the course of the project either unplanned or through decisions by or the neglect of Client or any third parties. d. Additional office work required to accomplish restaking, resetting or layout calculations or due to Change Orders. e. Office or field work required to fulfill contract requirements of Client or Owner of project which were not stipulated in writing prior to job proposal being presented to KLS including Change Orders. 21. Final Completion and Final Payment Upon receipt of written notice that the project is ready for final inspection and acceptance and upon receipt of a final application for payment, KIB will cause a final review to take place. If the project is totally complete KIB will make payment to KLS within ten (10) days of the date that the project was certified as finally complete. 22. Termination and Default A. For convenience by the Borough Assembly, including availability of funds lawfully appropriated. B. By mutual consent of the parties. C. For cause, by either party where the other party fails in any material way to perform its obligations under this contract. Termination under this subsection is subject to the condition that the terminating party notifies the other party of its intent to terminate, stating with reasonable specificity the grounds therefore, and the other party fails to cure the default within fifteen (15) days after receiving the notice. Should termination occur, KIB shall pay KLS all fees and charges for services provided prior to termination. If KIB requires any submission to itself or to the State—post termination—of any product or instrument of services from KLS,then MB agrees to pay for work necessary to complete requested submission. 23. Severability In the event any provision of this Agreement shall be held to be invalid and unenforceable, the other provisions of this Agreement shall be valid and binding on the parties hereto. Failure to enforce any rights under any of the provisions of this Agreement shall not constitute a waiver of the right to enforce such provisions in the future. 24. Assignment This Agreement shall not be assigned by operation of law or through negotiated agreement by KLS without the written permission of MB. However, subcontracting portions of the project to be performed pursuant to this Agreement shall not be considered an assignment for the purposes of this Agreement. 25. Waiver Failure of KIB or KLS to enforce a specific section of this Agreement against one another or to enforce a particular demand of KIB or KLS made pursuant to the terms of this Agreement shall not effect a waiver of any of the MB's or KLS's rights and powers as set forth in this Agreement. 26. Integration The Agreement and the referenced documents represent the entire and integrated agreement between the parties hereto and supersedes all prior negotiations,representations, or agreements, either written or oral. 28. Written Notice Written notice pursuant to this Contract shall be deemed delivered to either party if hand delivered to a superintendent or officer of a party or mailed to the parties at the following addresses: Kodiak Island Borough: Kodiak Land Surveying 710 Mill Bay Road P.O. Box 2322 Kodiak, AK 99615 Kodiak,AK 9961 907-486-9302 907-486-1945 KODIAK ISLAND BOROUGH KODIAK LAND SURVEYING By: B : . I last A Bud Cassidy, Manager 1m •urdy Owner Date: Date: • Ac . I ATTEST: Nova M. Javier, CMC Borough Clerk . . F. , . . . .. _ KODIAK HIGH SChOOL ALASKA STATE LAND SURVEY No . 201 2 -59 LAND SURVEY PROPOSAL -.. . .,„ ir - p., ] - , . - - 6 S . - 2.:.a.. 444;4 . : / " 1 lk r,�f/'/% y1 s 4 _ 11 � f4�_ � � � Y I�. e1 fr .,„....0' 1‘..:L.:::.t ,,i,..,ti!rfl- 1- •i;I €:... :. ':v ' ..=.,.Y �s NiM r 4, 7 1 i // 1 f \ ,�1 .tom W ' /"}} .. :.�...a '9..i,C[ J 44 j T `'.1*i7 1 s 7 ' , I �. Y 7 '�it. s �4 �. '� f1 /� :, :a 23 . 0 f r Smancezning 2769 IAKEVIEW DRIVE PO BOX 2322 KODIAK AK 9961 5 (907) 486 - 1 945 kodiaklands urvey i ng.corn Bob Scholze November 26, 2012 Resource Management Officer Kodiak Island Borough RE: Kodiak High School Campus Boundary Survey Rectifying Borough Hill Boundary and Zoning Compliance Issues. Bob Scholze: I appreciate the chance to offer you Professional Land Surveying Services. Kodiak Land Surveying, (Alaska Business license No. 279165.) is a qualified Alaskan vendor in accordance with AS 36.30.170. As per City of Kodiak Standard Construction Specifications, and Kodiak Island Borough Code - A Licensed Land Surveyor will perform field work and office calculations. We would be honored to assist you in preparing the High School Site for compliance with the new construction needs and correcting Borough Hill Boundary Issues with this project. If you have any questions, please call anytime, wrk 486-1945 / mbl 539-1945. Sincerely, Jim Purdy PLS Page 2 KIBSD. High School Campus Boundary Survey Proposal for the Kodiak High School Campus Boundary Survey ASLS 2012-59 Borough Hill, Kodiak Alaska Prepared for: Bob Scholze Resource Management Officer Kodiak Island Borough Prepared by: Kodiak Land Surveying 1241 Sawmill Circle, PO Box 2322 Kodiak, Alaska 99615 Table of Contents: Understanding of Project Project Schedule Cost Proposal Optional Items Page 3 KIBSD, High School Campus Boundary Survey Understanding of the Project The project would include Boundary Survey as per State Instructions Issued 11.19.2012 ASLS No. 2012-59 The area consists of approximately 20 acres of Borough Hill with a majority covered with hard surfaces and building footprints. Topographic survey and boundary survey information gathered from previous topographical surveys will be utilized. Multiple original and subdivisional surveys of the area will have to be researched and field recovered. Multiple easements will need to be researched and confirmed. Additional easements may need to be incorporated. Field procedures and platting will be performed as per state instructions and standards for this project. Schedule Kodiak Land Surveying will resume work on this project immediately upon notice to proceed. Itemized Cost Proposal Additional Research Boundary, Plats and Easement Legal 8hrs = $600 Build Boundary AutoCAD Base Map 14hrs = $1,540 Control Recovery Field Search and Recovery of Destroyed and Existing Boundary Monumentation Survey Field Locates 32hrs = $5,600 Update AutoCAD Base Map 8hrs = $880 Professional Boundary Calculations Calculate Legal AutoCAD Base Map 12hrs = $1,320 Field Locate Temporary Monument Positions and review Survey Field Locates 16hrs = $2,800 State of Alaska Primary Monuments and Supplies $1,800 Preliminary Plat and Review 8hrs = $760 8hrs = $880 State of Alaska Monument Installations Survey Field Locates 16hrs = $1,760 Continued - Page 4 KiBSD, High School Campus Boundary Surrey Itemized Cost Proposal (Continued) Final Plat and Review AutoCAD Drawing 12hrs = $1,140 2hrs = $220 Administration 4hrs = $440 Total = $19,740 If you have any questions about anything within this proposal, please call anytime. We would like to work with you and provide the best product for your needs at the best possible price. Sincerely, Jim Purdy PLS ROTES 1/20/2 RESEARCH $75 HR CONSULTATION $75 HR. CALCULATIONS $75 HR PRINCIPAL- CALCULATIONS $ 1 1 0 hR COMPUTER DRAFTING $95 FR I PERSON FIELD SURVEY $ 1 10 hR I PERSON FIELD SURVEY $ 175 hR ROBOTIC TOTAL STATION INSTRUMENT OR GLOBAL POSITIONING SYSTEM 2 PERSON FIELD SURVEY $230 hR 3 PERSON FIELD SURVEY $300 hR OVERTIME WILL BE AN ADDITIONAL 40% # I . EXPENSES WILL BE ADDITIONAL TO ThESE RATES FOR OUT-OF-TOWN WORK. #2. SPECIALIZED EQUIPMENT WILL BE AN ADDITIONAL CHARGE. Page 5 KIBSD, High School Campus Boundary Survey Kodiak Island Borough OFFICE of the MANAGER f1'.17 710 Mill Bay Road ' Kodiak,Alaska 99615 ObitPhone (907) 486-9304 Fax (907) 486-9374 e I -�. ,_ " ` E-mail rscholze mkodiakak.us To: Jim Purdy, Kodiak Land Surveying Services From: Bob Scholze, Resource Management Officer, KIB Date: July 18, 2013 Re: Transmittal: Professional Land Surveying Services Agreement (ASLS 2012-59) Based on the history of this particular survey, the fact that the survey is almost complete, and the professionalism and quality of your company's prior work history with the Borough, we have attempted to comply with the recommended edits you have provided in finalizing this Agreement for completion of ASLS 2012-59. Please note that, in so doing, the Borough is not waiving any of its rights regarding its future contracting terms, nor is the Borough setting any general precedent that you may rely on in the future. We note that you anticipate that the Borough will press for professional services providers to adhere to the Borough's standard contractual language, terms and conditions in the future (i.e., in your July 3, 2013 email you state that you "...will work to align our costs as a lump sum price for definable projects"). It is also well to be aware that this agreement, as revised, has not yet been approved by the Assembly. Until such time as it is reviewed and authorized by the Assembly, the agreement is not binding. Cc: Bud Cassidy, Borough Manager ¢4 ° tk KODIAK ISLAND BOROUGH 'dam'°" AGENDA STATEMENT REGULAR MEETING OF: AUGUST 1, 2013 ITEM NO.: 13.A.3 TITLE: CONTRACT NO. FY201-05 APPROVAL OF AGREEMENTS TO VARIOUS ARTISTS FOR THE KODIAK HIGH SCHOOL ADDITION AND RENOVATION — (ART IN PUBLIC AREAS) ORIGINATOR: Projects Manager FISCAL IMPACT: ® Yes $507,509 or❑ No Funds Available ® Yes ❑ No Account Number: 460-533 Amount Budgeted: $667,578.00 ATTACHMENTS: Artist Contract Documents; List of Artist Contract Values; KIBSD Board Meeting Minutes; Finalist recommendation presentation .S APPROVAL FOR AGENDA. i . c -- - SUMMARY STATEMENT: Kodiak Island Borough code 3.30.020 "Limitation of Manager's Authority" states that a contract exceeding $25,000 requires Assembly approval. Alaska Statute 35.27.010-030 declares it to be a state policy that a portion of appropriations for capital expenditures be set aside for the acquistion of works of art to be used for state buildings and other public facilities. The statute calls for at least one (1) percent of the cost of construction be reserved for the design, construction, mounting and administration of works of art. The approved budget for Artwork for the project is $667,578.00. The attached contracts total $507,509 and with the the other expenses already expensed, this leaves $82,794.00 remaining in the budget. This amount will be used for extra lighting, coordination and contingency. Kodiak Island Borough, together with Jensen Yorba Lott, Inc. (JYL) and the Alaska State Council on the Arts (ASCA) solicited proposals in a nationwide Call for Artists. The RFP received 258 initial entries. A committee of local citizens, JYL and KIBSD staff reviewed entries and narrowed the possible finalists to a total of 22 artists who were then requested to submit proposals for particular sites around the project. Of these 22 pre-final proposals, 11 Artists were chosen for 10 sites. KIB and JYL staff negotiated scope, price and schedule with the Artists resulting in the attached contracts. The Statute further states that the selection of Artists shall be approved by the School Board. This was accomplished February 18, 2013. Board meeting minutes are attached. RECOMMENDED MOTION: Move to authorize the Manager to execute Contract No. FY2014-05 Twelve Artist Agreements per attached list in a total Amount Not to Exceed $507,509 for the Kodiak High School Addition and Renovation project — (Art in Public Areas.) Kodiak Island Borough Page 1 of 1 Project Total $80,479,009 $0 $80,479,009 3. Project Budget Change This Revised Total Cost Category Current Budget Amendment %of Const. Project Budget 1. CM(by consultant) $1,229,249 $105,906 2.00% $1,335,155 2. Land $0 $0 N/A $0 3. Site Investigation $0 $0 N/A $0 4. Design Services $6,146,247 $593,122 10.10% $6,739,369 5. Construction $61,462,465 $5,295,285 100.00% $66,757,750 6. Equipment $1,852,200 $147,800 3.00% $2,000,000 7. District Administrative Overhead $4,871,899 ($3,571,899) 1.95% $1,300,000 1-)0" 8. Percent for Art $614,625 $52,953 1.00% $667,578 4E---- 9. Project Contingency $4,302,324 ($2,623,167) 2.52% $1,679,157 Totals $80,479,009 -$1 120.55% $80,479,009 • KHS Addition & Renovation Project 10021 Art in Public Places Artist Contracts Phyllis Holup Site 1 Welcome Center $110,000.00 Sheila Wyne Site 2 Welcome Wall $ 43,684.00 Sheila Wyne Site 3 Cascading Commons $ 33,500.00 Peter Busby Site 4 Gym Entry $ 95,000.00 Bruce Nelson Site 5 Main Corridor $ 50,000.00 Alf Pryor Site 6 Fitness Lounge& 2nd Lev. Corridor $ 17,400.00 Lexa Meyer Site 6 Fitness Lounge& 2nd Lev. Corridor $ 19,200.00 Debbie Dickinson Site 7 Toilet Entry Area $ 49,000.00 Kathy Bradford Site 8 Exterior Curtain Wall @ Student Stairs $ 50,000.00 Mark Witteveen Site 9 Interior Wall $ 30,000.00 Cathy Cordry Site 10 Admin &Counsel Suite $ 4,975.00 Marion Owen Site 10 Various $ 4,750.00 $507,509.00 KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Regular Meeting—February 18, 2013 SUMMARY ACTION ITEMS: APPROVED: Motion to approve the Agenda with the exception of Item 9.07 -201 1- 2012 Title III Annual Measurable Achievement Objectives, and approval of Consent Agenda to include: *Approval of Minutes - Regular Meeting Minutes of January 21, 2013, and Special Meeting Minutes ofJanuary 21, 2013. *Approval of a 2013-2014 full-year leave of absence for Peterson Elementary School Aide Teresita T. Olaes. *Approval of Twenty-First Century Community Learning Centers Grant Intent to Apply in the amount of$450,000, with no District match. *Acceptance of the FY 13 Carl Perkins Secondary CTE Grant Amendment in the amount of$9,751 for a total grant award of$52,653, for support of career and technical education programs throughout the District. *Approval of the Request to Bid 2013/2014 Supplies and Services, to include: Cafeteria Food and Supplies Cafeteria Perishables Fresh and Shelf Stable Milk Custodial Supplies General Office and Art Supplies *Approval of the Board of Education Plan for Improvement, as presented. PRESENTED: School Board President MELISSA BORTON presented a certificate of appreciation to Main Elementary School Volunteers of the Month Drew DeVries, Romeo Samson, Ricardo Barte, and Amy Fogle. PRESENTED: Superintendent Stewart McDonald presented certificates of appreciation to School Board President MELISSA BORTON and School Board members KATIE OLIVER, NORM WOOTEN, DEBRA KIRK, RICK KNIAZIOWSKI, CDR PATRICK MCELLIGATT and School Board Student Representatives CATHERINE LE and NATHALIE MEUS, in recognition of School Board Recognition Month. KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Regular Meeting—February 18,2013 SUMMARY PUBLIC HEARING: School Board President MELISSA BORTON opened a Public Hearing to allow for comments from members of the community regarding FY14 Preliminary Budget. No comment was given. APPROVED: Motion to acknowledge receipt of the December 2012 Report of Revenues and Expenditures, year-to-date general fund revenues in the amount of $17,751,668 and year-to-date general fund expenditures in the amount of $16,071.171. APPROVED: Motion to approve Kodiak High School Art In Public Places (AIPP) Project Artists, to include: Site I -Exterior Patio & Welcome Center: Wopo Holup Site 2 - Welcome Wall: Sheila Wyne VIVA Site 3 - Cascading Commons: Sheila Wyne Site 4 - Gym Entrance: Peter Busby Site 5 -Main Corridor: Bruce Nelson difer • Site 6 -Fitness Lounge:Alf Pryor&Lexa Meyer Site 7 - Toilet Room Entry: Debbie Dickinson Site 8 - Exterior Curtain Wall @ Student Stair: Kathy Bradford Site 9 -Exterior: Not Awarded at this time Site 10 -Administration & Counseling Suites: Cathy Cordry and Marion Owen Additional interior site - Kodiak Map @ Commons: Mark Witteveen APPROVED: Motion to adopt the following Board Policy revisions in their first reading and to forward them to the March 18, 2013, Regular Meeting for a second reading and public hearing: BP 1 1 14, District Sponsored Social Media BP 4112.6, Personnel Records BP 5137, Positive School Climate BP 5138, Portable Electronic Devices, Including Cellular Phones BP 5141, Health Care And Emergencies BP 6161.4, Internet BP 6161.5, Web Sites/Pages BP 6174, English Language Acquisition/Limited English Proficiency KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Regular Meeting—February 18,2013 SUMMARY PUBLIC HEARING: School Board President MELISSA BORTON opened a Public Hearing to allow for comments from members of the community regarding the 2013/14 and 2014/15 Town Schools' Calendars. No comment was given. APPROVED: Motion to approve the 2013/14 and 2014/15 Town Schools' Calendars as presented. APPROVED: Motion to approve Resolution 1213-001 Sequestration Opposition as presented. APPROVED: Motion to enter into Executive Session for the purpose of discussing negotiations and to include Superintendent Stewart McDonald. APPROVED: Motion to adjourn. Subsequent to approval, Board of Education meeting minutes are posted on the District's website at www.kibsd.org and on BoardDocs at htto://www.boarddocs.com/ak/kodiak/Board.nsf7Public ARTWORK PROCUREMENT Agreement No: AGREEMENT KIB Project No:10021 Project Title: KHS ADDITION & RENOVATION To this Agreement between KODIAK ISLAND BOROUGH hereafter the CONTRACTING AGENCY, and Phyllis Holup dba WOPO HOLUP hereafter the ARTIST(Artist), effective on the last date executed by its parties, in consideration of the terms, conditions and promises of Articles 1 through 7 in this document, the parties hereby agree. ARTIST Signature: Signature: Name: Phyllis Holup Date Name: Date Title: Title: CONTRACTING AGENCY Contract Manager Contracting Officer Signature: Signature: Name: Jessica Wolfe Date Name: Charles E. Cassidy, Jr. Date Title: Project Manager Title: Borough Manager ARTICLE 1 -PURPOSE 1.1 Procurement of a professionally designed, constructed, and installed Work of Art, Site 1; Steel linework cast in Area B slab in Phase 6 and tooled pattern in exterior entry paving in Phase 8. ARTICLE 2-COMPENSATION 2.1 The fixed price payable under this Agreement shall be: One Hundred Ten Thousand and No/100 Dollars. ($110,000.00) USD 2.2 The CONTRACTING AGENCY will make progress payments to the ARTIST, upon receipt of acceptable invoices for services and any supporting documentation requested by the Project Manager, in accordance with the following schedule [note: percentages may only be adjusted from this standard via specific language in Article 8 on a contract-by- contract basis prior to execution]: a. 10%upon execution of contract b. 20%upon acceptance of final design, dimensions and proposed placement of artwork on the site, engineering and installation plans. c. 30% upon receipt of materials by ARTIST d. 20%upon completion of the interior floor installation according to the installation plans and to the satisfaction of the Contract Manager. e. 20% upon completion of the exterior slab installation according to the installation plans and to the satisfaction of the Contract Manager. 2.3 The CONTRACTING AGENCY will make final payment to the ARTIST following approval of completion of all Work. Total payment of all Material Suppliers and Subcontractors and satisfactory compliance with Article Al 5-Taxes, are conditions precedent to final payment. Liens or other claims relating to the Project may be withheld from final payment if written notice is first given to the ARTIST. Acceptance of the final payment will constitute the ARTIST's waiver of future claims. Artwork Agreement (January 2011)Agreement Page 1 of 2 ARTICLE 3-PERIOD OF PERFORMANCE 3.1 ARTIST shall commence services under this Agreement as authorized by written Notice(s)to Proceed and shall complete the services in accordance with any time schedule required by Appendices. This Agreement is of no force or effect until executed by the ARTIST and the CONTRACTING AGENCY and no services shall be undertaken or performed until a Notice to Proceed is issued. 3.2 The Period of Performance under this Agreement shall end: February 13-21, 2015 (during phase 6 interior slab polishing). ARTICLE 4—APPENDICES 4.1 The following Appendices are attached to this document and incorporated herein: Appendix Title Date Prepared No. Pages A General Conditions July, 2013 7 B Supplementary Conditions July, 2013 2 ARTICLE 5-CONTRACTING AGENCY DATA Office Address Street: 711 Mill Bay Road Appeals Officer: PO Box: City, State, Zip: Kodiak,AK 99615 Authorization: Phone-Voice: 486-9210 Phone-FAX: 486-9347 Funding Source: ARTICLE 6-ARTIST DATA Manager: Wopo Holup Alaska Business License No.: Title: Federal Tax Identification No.: Office Address Type of Firm Street: 1711 County Rd#80 ® Individual ❑ Partnership PO Box: City, State, Zip: Lyons, CO., 80540 ❑ Corporation in state of: Alaska Phone-Voice: (212)625.9890/(303)823.5849 email: wopoholup @aol.com ❑ Other(specify): ARTICLE 7 -SUBCONTRACTORS 7.1 ARTIST shall perform all services required under this Agreement except as may be performed by the Subcontractors listed below. Type of Service Subcontractor Artwork Agreement (January 2011)Agreement Page 2 of 2 GENERALCONDITIONS APPENDIX A INDEX A1.8 ARTIST - The firm (person or any business combination) who executes this Agreement and provides Article Number and Title services. Al Definitions A1.9 ARTISTs Manager - The ARTISTs A2 Occupational Safety and Health representative in responsible charge of the work, directly A3 Changes answerable for the required services, and the A4 Audits and Records CONTRACTING AGENCY's primary point of contact A5 CONTRACTING AGENCY Inspections with the ARTIST. A6 Termination or Suspension A7 Officials Not to Benefit A1.10 Notice to Proceed (NTP) - Written authorization A8 Independent CONTRACTOR from the CONTRACTING AGENCY to the ARTIST to A9 Proselytizing provide all or specified services in accordance with an A10 Precedence of Documents existing Agreement. All Ownership of Work of Art Alt Subcontractors Successors and Assigns A1.11 Contract Manager - CONTRACTING AGENCY's A13 Claims and Disputes representative and the ARTIST's primary point of contact A14 Extent of Agreement with the CONTRACTING AGENCY. A15 Taxes A16 Governing Law A1.12 Summary of Work - Services and work products required of the ARTIST by this Agreement. ARTICLE Al DEFINITIONS A1.13 Subcontractor — A person or firm engaged to provide a portion of the Summary of Work by A1.1 Additional or Extra Services - Services, work subcontract with the ARTIST (does not include products or actions required of the ARTIST above and employees of the ARTIST). beyond provisions of the Agreement. ARTICLE A2 A1.2 Amendment - A written change to this OCCUPATIONAL SAFETY AND HEALTH Agreement. A2.1 The ARTIST and its Subcontractors shall observe A1.3 Appeals Officer - The designated individual or a and comply with the Federal Occupational Safety and duly appointed successor whose decisions constitute the Health act of 1970 and with all safety and health exhaustion of contractual and administrative alternatives standards promulgated by the Secretary of Labor under for resolution of Claims and disputes. authority thereof and with all State of Alaska Occupational Safety and Health Laws and regulations. A1.4 KIB — The Kodiak Island Borough. A designated representative of this agency will be the Contract ARTICLE A3 Manager, administering this Agreement and ensuring CHANGES the production of a quality Work of Art by the Artist. A3.1 Changes (including "Supplemental Agreements") A1.5 Change - A revision in services, complexity, in the period of performance, general conditions, character, or duration of the services or provisions of this statement of services, or other provisions established by Agreement. this Agreement may be made by written Amendment only. If such changes cause an increase or a decrease A1.6 Commencement — Artist has completed the final in the ARTIST's cost, an equitable adjustment shall be design and demonstrates that materials required for made and specified in the Amendment. The ARTIST production of the Work of Art have been ordered shall not perform any additional or extra services prior to (materials do not have to have actually been paid for). receiving a fully executed copy of an Amendment and a Notice to Proceed, except as the ARTIST may be A1.7 Contracting Officer - The individual or a duly directed under the provisions of Article Al3 - Claims and appointed successor designated as the official Disputes. representative to administer contracts for the CONTRACTING AGENCY. A3.2 If at any time the CONTRACTING AGENCY through its authorized representatives, either verbally or in writing, requests or issues instructions for Additional or Extra Services or otherwise directs actions which ArtworkAgreement (January 2011) Appendix A,General Conditions Page 1 of 7 conflict with any provision of this Agreement, the ARTICLE A6 ARTIST shall, within 30 days of receipt and prior to TERMINATION OR SUSPENSION pursuing such instructions, so notify the CONTRACTING AGENCY in writing, and to the extent possible, describe A6.1 This Agreement may be terminated by either the services and estimated cost of any Additional or party upon 10 days written notice if the other party fails Extra Services. The CONTRACTING AGENCY will then substantially to perform in accordance with its terms evaluate and, if appropriate, negotiate an Amendment. through no fault of the party initiating the termination Unless so notified by the ARTIST, the CONTRACTING (default termination). If the CONTRACTING AGENCY AGENCY may assume such instructions have not terminates this Agreement, the CONTRACTING changed any provisions of this Agreement nor require AGENCY will pay the ARTIST a sum equal to the additional compensation. No additional payments shall percentage of work completed that can be substantiated be made to the ARTIST without such notice. in whole or in part either by the ARTIST to the satisfaction of the CONTRACTING AGENCY or by the ARTICLE A4 CONTRACTING AGENCY. If the CONTRACTING AUDITS AND RECORDS AGENCY becomes aware of any non-conformance with this Agreement by the ARTIST, the CONTRACTING A4.1 The ARTIST shall maintain records of AGENCY will give prompt written notice thereof to the performances, communications, documents, ARTIST. Should the ARTIST's services remain in non- correspondence and costs pertinent to this Agreement conformance, the percentage of total compensation and the CONTRACTING AGENCY's authorized attributable to the nonconforming work may be withheld. representatives shall have the right to examine such records and accounting procedures and practices. A6.2 The CONTRACTING AGENCY may at any time terminate (convenience termination) or suspend this A4.2 The CONTRACTING AGENCY's authorized Agreement for its needs or convenience. In the event of representatives shall have the right to examine all books, a convenience termination, or suspension for more than records, documents and other data of the ARTIST 3 months, the ARTIST will be compensated for related to the negotiation, pricing and performance of authorized services and authorized expenditures this Agreement and any modification or change for the performed to the date of receipt of written notice of purpose of evaluating the accuracy, completeness and termination or suspension plus reasonable expenses. No currency of the data submitted. The right of examination fee or other compensation for the uncompleted portion of shall extend to all documents necessary to permit the services will be paid except for already incurred adequate evaluation of the data, computations and indirect costs which the ARTIST can establish and which projections used. would have been compensated for over the life of this Agreement, but because of the termination or A4.3 The materials described in this article shall be suspension would have to be absorbed by the ARTIST made available at a business office of the ARTIST at all without further compensation. reasonable times for inspection, audit or reproduction, for a minimum of 3 years from the date of any resulting A6.3 In the event of termination or suspension, the final settlement. ARTIST shall deliver all work products, reports, estimates, schedules and other documents and data a. If this Agreement is completely or partially prepared pursuant to this Agreement to the terminated, records relating to the services CONTRACTING AGENCY. terminated shall be made available for a minimum of 3 years from the date of any ARTICLE A7 resulting final settlement. OFFICIALS NOT TO BENEFIT b. Records which relate to appeals under Article A7.1 No member of or delegate to Congress, United Al 3 - Claims and Disputes, or litigation or the States Commissioner or other officials of the Federal, settlement of Claims arising out of the State, Political subdivision or Local Government shall be performance of this Agreement shall be made admitted to any share or part of this Agreement or any available until such appeals, litigation or Claims benefit to arise therefrom. have been concluded. ARTICLE A8 ARTICLE A5 INDEPENDENT CONTRACTOR CONTRACTING AGENCY INSPECTIONS A8.1 The ARTIST and its agents and employees shall A5.1 The CONTRACTING AGENCY has the right to act in an independent capacity and not as officers, inspect, in the manner and at reasonable times it agents, or employees of the CONTRACTING AGENCY considers appropriate during the period of this in the performance of this Agreement. Agreement, all facilities and activities of the ARTIST as may be engaged in the performance of this Agreement. A8.2 Any and all employees of the ARTIST, while engaged in the performance of any work or services AnworkAgreement (January 2011) Appendix A,General Conditions Page 2 of 7 required by the ARTIST under this Agreement, shall be Artist under this Contract. However, copyright of the considered employees of the ARTIST only and not of the Artwork, including its design, shall be owned by the CONTRACTING AGENCY and any and all Claims that Artist, subject to the following provisions: may or might arise under the Worker's Compensation Act on behalf of said employees, while so engaged and a. The State may display the Artwork in any place any and all Claims made by a third party as a and manner, so long as the integrity of the consequence of any negligent act or omission on the Artwork is not violated. Except for temporary part of the ARTIST's employees, while so engaged on relocations reasonably anticipated to last less any of the services to be rendered herein, shall be the than 180 days or relocations caused by sole obligation and responsibility of the ARTIST. emergencies or to protect the public from imminent harm, prior to the relocation of the A8.3 This Agreement will be declared null and void Artwork which may become necessary during should the CONTRACTING AGENCY determine that by the Artist's life, the State shall, first send notice Internal Revenue Service definitions the ARTIST is an of the relocation by registered mail to the Artist employee of the CONTRACTING AGENCY. at the most recent address of the Artist that was recorded in the system of records established by ARTICLE A9 the Register of Copyrights pursuant to 17 U.S.C. PROSELYTIZING 113(D)(3). If the relocation will result in the destruction of the artwork, the notice shall A9.1 The ARTIST agrees that it will not engage on a specify that the Artist shall have 95 days from full or part time basis, during the period of this the date the notice was mailed to remove the Agreement, any person or persons who are or have artwork at the Artist's sole expense. This been employed by the CONTRACTING AGENCY during paragraph does not diminish the ultimate right of the period of this Agreement or during the 90 days the State to remove and relocate, to store or immediately preceding the date of this Agreement otherwise discontinue display, or to take any except those who have been regularly retired or other action described in Para. E, below. approved in writing by the CONTRACTING AGENCY. ARTICLE A10 b. The Artist shall deliver the final model of the PRECEDENCE OF DOCUMENTS Artwork created pursuant to this Contract to the State and agrees that it will not recreate such A10.1 Components of this Agreement shall stand and drawing, models or the completed Artwork for prevail in the following order: Agreement over another person or organization. Supplemental Conditions; Supplemental Conditions over General Conditions; General c. The State may photograph or otherwise Conditions over Summary of Work; Summary of Work reproduce the Artwork for documentary or over Compensation; Compensation over any archival purposes, or for use in information appendices. publications, so long as no monetary gain is realized directly for such use A10.2 If a "Request for Proposal" (RFP) and/or a proposal are appended to this Agreement, the d. The Artist shall be entitled to retain and utilize components described in paragraph 4.11.1 shall stand copies of the drawings and models, including and prevail over the proposal and the proposal over the photographs of the Artwork, for the Artist's own RFP. exhibitions. The Artist shall further be entitled to reproduce such drawings, models and A10.3 These terms, conditions and requirements apply photographs for use in the portfolio and in books to the Contract Documents describing the Work for the and publications about the Artwork, and to Project. If any provision of these Contract Documents is exercise all other reproduction rights provided declared by a court to be illegal or in conflict with any under the United States copyright laws, except law, the validity of the remaining provisions and the as otherwise restricted by this Contract. ensuing rights and obligations of the Parties to the contract shall not be affected. e. The Artist is aware of the waiveable rights of artists as authors of works of visual arts as set ARTICLE All forth in the Visual Artists' Rights Act of 1990, as OWNERSHIP OF WORK OF ART amended, and as codified in Title 17 of the United States Code (Visual Rights Act). To the A11.1 As of Final Acceptance, the State shall own the extent the Artwork would otherwise be protected Artwork, together with all drawings and models of the by the Visual Artists' Rights Act and the Artist Artwork, created by the Artist pursuant to this Contract. would otherwise be entitled to protection Prior to Final Acceptance, the State shall have, at its thereunder, the Artist expressly waives any and option, that percentage ownership interest in the artwork, all rights arising under the Visual Artists' Rights and in all materials, designs and efforts under this Act, except as otherwise stated in this contract, Contract, equivalent to that percentage of their fair market value that the State has at any time paid to the ArtworkAgreement (January 2011) Appendix A,General Conditions Page 3 of 7 that would in any way prevent the owner of the legal representatives of the CONTRACTING AGENCY facility in which the art is installed from with respect to all covenants of this Agreement. remodeling the facility in any manner suitable to the owner, except as otherwise stated in this Al2.5 The ARTIST shall include provisions appropriate provision, and waives any rights arising under to effectuate the purposes of this Agreement in all United States or Canadian federal, state or subcontracts executed to perform services under this provincial law or under the laws of any other Agreement that may exceed a cost of$25,000. country that conveys rights of the same nature as those conveyed under the Visual Artists' ARTICLE A13 Rights Act or any other type of moral right or CLAIMS AND DISPUTES droit moral with respect to the Artwork for any and all uses in which either the attribution or the A13.1 If the ARTIST becomes aware of any act or integrity right may be implicated including, occurrence that may form the basis of a Claim by the without limitation, the removal, relocation, ARTIST for additional compensation or an extension of destruction, distortion, mutilation or other time for performance, or if any dispute arises regarding a modification of all or any portion of the Artwork question of fact or interpretation of this Agreement, the as deemed necessary or desirable by the State, ARTIST shall immediately inform the Contract Manager. except as otherwise stated in this contract. If the matter cannot be resolved within 7 days, the ARTIST shall, within the next 14 days, submit its "Intent f. The Artist does not waive rights arising under to Claim"in writing to the Contract Manager. the Visual Artists' Rights Act should the owner of the facility seek to remove the Artwork due to A13.2 If the ARTIST believes additional compensation political controversy over the aesthetics of, is warranted, the ARTIST shall immediately begin to content of, or views perceived to be expressed keep and maintain complete, accurate and specific daily by the Artwork. records concerning every detail of the potential Claim including actual costs incurred. The ARTIST shall give g. The Artist expressly recognizes and the CONTRACTING AGENCY access to any such acknowledges that the construction and nature record and, when so requested, shall forthwith furnish of the Artwork may subject the Artwork to the CONTRACTING AGENCY copies thereof. destruction, distortion, mutilation or other Equipment costs shall be based on the ARTIST's modification by reason of removal or relocation internal rates for ownership, depreciation, and operating of all or any portion of the Artwork or by expenses and not on published rental rates. destruction of or modification to the building in which it is installed. In such case, as described A13.3 The Claim, if not resolved, shall be presented to in this provision, the Artwork shall no longer be the Contract Manager, in writing, within 60 days represented to be the work of the Artist without following receipt of the "Intent to Claim". The Contract the written consent of the Artist. Manager will acknowledge receipt of the Claim in writing. A13.4 The ARTIST agrees that unless these written ARTICLE Al2 notices are provided, the ARTIST will have no SUBCONTRACTORS, SUCCESSORS AND ASSIGNS entitlement to additional time or compensation for such act, event or condition. The ARTIST shall in any case Al2.1 The CONTRACTING AGENCY must concur in continue diligent performance under this Agreement. the selection of any person or firm that may be engaged in performance of this Agreement to provide negotiable A13.5 The Claim shall specifically include the following: professional or technical services, products, etc., (vs. commodity items available to the general public in stores a. The act, event or condition giving rise to the at market prices). Claim; Al2.2 If this Agreement includes named firms or b. The provisions of the Agreement which apply to individuals, then such firms or individuals shall be the Claim and under which relief is provided; employed for the designated services, unless the Agreement is changed by Amendments. c. The item or items of project work affected and how they are affected; and, Al2.3 The ARTIST shall not assign, sublet or transfer any interest in this Agreement without the prior written d. The specific relief requested, including Contract consent of the CONTRACTING AGENCY. Time if applicable, and the basis upon which it was calculated. Al2.4 The ARTIST binds itself, its partners, its Subcontractors, assignees and legal representatives to A13.6 The Claim, in order to be valid, must not only this Agreement and to the successors, assignees and show that the ARTIST suffered damages or delay but that those conditions were actually a result of the act, ArtworkAgreement (January 2011) Appendix A,General Conditions Page 4 of 7 event or condition complained of and that the Agreement A14.3 This Agreement may be changed only by written provides entitlement to relief to the ARTIST for such act, Amendment executed by both the CONTRACTING event, or condition. AGENCY and the ARTIST. A13.7 The Contract Manager reserves the right to make A14.4 All communications that affect this Agreement written requests to the ARTIST at any time for additional must be made or confirmed in writing and must be sent information that the ARTIST may possess relative to the to the addresses designated in this Agreement. Claim. The ARTIST agrees to provide the Contract Manager such additional information within 30 days of A14.5 The ARTIST on receiving final payment will receipt of such a request. Failure to furnish such execute a release, if required, in full of all Claims against additional information may be regarded as a waiver of the CONTRACTING AGENCY arising out of or by the Claim. reason of the services and work products furnished and under this Agreement. A13.8 If the Claim is not resolved by Agreement within 60 days of its receipt, the Contract Manager will issue a ARTICLE A15 written decision to the ARTIST. The ARTIST may appeal TAXES the Contract Manager's decision within 30 days to the Contracting Officer. Any appeal must be in writing and A15.1 As a condition of performance of this Agreement, must list the specific exceptions to the Contract the ARTIST shall pay all Federal, State and Local taxes Manager's decision including specific provisions of the incurred by the ARTIST and shall require their payment Agreement which the ARTIST intends to rely upon in his by any Subcontractor or any other persons in the appeal. performance of this Agreement. A13.9 The ARTIST shall certify that the Claim is made ARTICLE A L GOVERNING LAW in good faith, that the supporting cost and pricing data are accurate and complete to the best of the ARTIST'S A16.1 This Agreement is governed by the laws of the knowledge and belief, and that the amount requested State of Alaska and Federal and Local Laws and accurately reflects the adjustment to the Agreement for Ordinances applicable to the work performed. The which the ARTIST believes the CONTRACTING ARTIST shall be cognizant and shall at all times observe AGENCY is liable. and comply with such laws which in any manner affect those engaged or employed in the performance, or A13.10 The ARTIST will be furnished a written signed which in any way affects the manner of performance, of copy of the Contracting Officer's decision within 90 days, this Agreement. unless the Contracting Officer requests additional information. The Contracting Officer's decision is final A16.2 The ARTIST must comply with all applicable and conclusive unless fraudulent as to the Claim or laws, regulations, codes, ordinances and written unless, within 14 days of receipt of the decision, the directives issued by the Procurement Officer. In ARTIST delivers a written Notice of Appeal to the addition, the ARTIST must obtain applicable licenses Appeals Officer designated on Page 8 of this and permits and provide supervision, labor, and tools. Agreement. A16.3 The Alaska Department of Labor and Workforce A13.11 Procedures for appeals via Arbitration are Development, Wage and Hour Administration, must be covered in 2 AAC 16.950-989. notified in accordance with AS 36.05.010 and AS ARTICLE A14 36.5.30 if the cost of the construction exceeds EXTENT OF AGREEMENT $25,000. The ARTIST must comply with the requirements noted within the Department of Labor A14.1 This Agreement including appendices represents packet entitled "Laborers' the entire and integrated Agreement between the & Mechanics' Minimum Rates of Pay". To obtain a copy CONTRACTING AGENCY and the ARTIST and of the referenced packet, contact the Procurement supersedes all prior negotiations, representations or Agency or the Department of Labor. Agreements, written or oral. ARTICLE A17 A14.2 Nothing contained herein may be deemed to SUMMARY OF WORK create any contractual relationship between the A17.1 The ARTIST shall finalize design of the Work of CONTRACTING AGENCY and any Subcontractors or Art that was proposed in response to the State's Call for material suppliers; nor may anything contained herein be Proposals (including any necessary professional deemed to give any third party Claim or right of action engineering design work) and then obtain the necessary against the CONTRACTING AGENCY or the ARTIST materials, construct the work, deliver it to the site, and which does not otherwise exist without this Agreement. install it in its intended location within the project (comply with construction licensure requirements relevant to those portions of the installation work governed by law or ArtworkAgreement (January 2011) Appendix A,General Conditions Page 5 of 7 regulation). (Copies of both the Call and the Proposal shall be entitled to coverage to the extent of such higher are incorporated into this Agreement by reference.) limits. Certificates of insurance must be furnished to the CONTRACTING AGENCY and incorporated into this A17.2 The ARTIST shall remedy all defects in materials Agreement with copies attached to this document. or workmanship that develop within a period of one year Certificates must provide for the CONTRACTING from the date of final payment. AGENCY to receive notice of any policy cancellation or reduction per AS 21.36 Sections 210-310. Failure to A17.3 The ARTIST shall have sole responsibility for the furnish certificates of insurance or lapse of the policy is a means, methods, sequences, or procedures of material breach and grounds for termination of the construction and safety precautions related to the ARTIST's services and may preclude other Agreements Project. The ARTIST shall conduct all Work in such a between the ARTIST and the CONTRACTING manner that protects the public and State resources. AGENCY. ARTICLE A18 INDEMNIFICATION &INSURANCE A18.5 Worker's Compensation Insurance: The ARTIST shall provide and maintain, for all employees engaged in A18.1 The ARTIST shall indemnify, hold harmless, and work under this Agreement, coverage as required by AS defend the CONTRACTING AGENCY from and against 23.30.045, and; where applicable, any other statutory any claim of, or liability for negligent acts, errors or obligations including but not limited to Federal USL&H omissions of the ARTIST under this Agreement. The and Jones Act requirements. The policy(s) must waive ARTIST shall not be required to indemnify the subrogation against the State of Alaska. Worker's CONTRACTING AGENCY for a claim of, or liability for, Compensation Insurance is not required if the the independent negligence of the CONTRACTING ARTIST is an Independent Contractor, Sole AGENCY. If there is a claim of, or liability for, the joint Proprietor or Self-Employed Person having no negligent error or omission of the ARTIST and the employees in any sense of AS 23.30.045 (Artist and independent negligence of the CONTRACTING Project Manager to agree in advance and in writing). AGENCY, the indemnification and hold harmless • obligation shall be apportioned on a comparative fault A18.6 Commercial General Liability Insurance: Such basis. "ARTIST' and "CONTRACTING AGENCY", as policy shall have minimum coverage limits of $300,000 used within this article, include the employees, agents combined single limit per occurrence or split limits of and other contractors who are directly responsible, $300,000 per person/$500,000 per occurrence. The respectively, to each. The term "Independent policy shall be written on an "occurrence" form and shall Negligence" is negligence other than in the not be written as a "claims-made" form unless CONTRACTING AGENCY's selection, administration, specifically reviewed and agreed to by the monitoring, or controlling of the ARTIST and in CONTRACTING AGENCY. Comprehensive or approving or accepting the ARTIST's Work. Commercial General Liability Insurance is not required if the general public and clients do not have A18.2 The ARTIST shall exercise that degree of skill, any business access to a place of business or home care and judgment commensurate with the professional office maintained by the Artist (Artist and Project standards for the services of a similar nature. When Manager to agree in advance and in writing). such standards are in dispute, a panel of three qualified impartial professionals objectively selected and A18.7 Comprehensive Automobile Liability Insurance: appointed by the Appeals Officer shall establish them. Such policy shall have minimum coverage bodily injury liability limits of $300,000 combined single limit per A18.3 The ARTIST shall correct, through re- occurrence or split limits of $300,000 per performance at its expense, any services which are person/$500,000 per occurrence. The policy shall cover deficient or defective because of the ARTIST's failure to all owned, hired and non-owned vehicles. In addition, it perform said services in accordance with professional shall have a minimum of $50,000 per occurrence standards, provided the CONTRACTING AGENCY has property damage liability limits. Comprehensive notified the ARTIST in writing within a reasonable time, Automobile Liability Insurance is not required if only not to exceed 60 days, of the discovery of any such public transportation, or a rented passenger vehicle deficiency during the performance of the services and with business use insurance, will be used to within 12 months of the date of final payment under this accomplish requirements of this Agreement (Artist Agreement. and Project Manager to agree in advance and in writing). A18.4 Without limiting the ARTIST's indemnification, it is ARTICLE A19 agreed that ARTIST shall purchase at its own expense ALASKA LICENSES/REGISTRATIONS ICLE and maintain in force at all times for the duration of this Agreement the following policies of insurance. Where A19.1 The ARTIST and all Subcontractors shall comply specific limits are shown, it is understood that they shall with the following applicable requirements of Alaska be the minimum acceptable limits. If the ARTIST's policy Statutes: contains higher limits, the CONTRACTING AGENCY ArtworkAgreement (January 2011) Appendix A.General Conditions Page 6 0 7 c. Joint Ventures, regardless of type of services a. Alaska Business License (Form 08-070 issued provided, must be licensed/registered in the under AS 43.70) at the time designated for legal name of the Joint Venture as used in this opening (i.e., receipt) of proposals as required proposal (AS 43.70.020 and 43.70.110(4)) by AS 36.30.210(e) for ARTIST; and not later than five days after a Notice of Intent to Award as required by AS 36.30.210(a) and AS [For information about licensing, Offerors may 36.30.250(a)for all Subcontractors. contact the Alaska Department of Commerce and Economic Development, Division of Occupational b. Certificate of Incorporation (Alaska firms) or Licensing at P.O. Box 110806, Juneau, AK 99811- Certificate of Authorization for Foreign Firm 0806, or at Telephone(907)465-2550. ("Out-of-State" firms). All corporations, regardless of type of services provided, must have one of the certificates (AS 10.06.218 and other sections of Title 10.06 - Alaska Corporations Code). ArtworkAgreement (January 2011) Appendix A,General Conditions Page 7 of 7 SUPPLEMENTARY CONDITIONS KIB Project No: 10021 APPENDIX B Date Prepared: 07/12/13 MODIFICATIONS TO THE GENERAL CONDITIONS plans and to the satisfaction of the Contract Manager The following supplements modify, change, delete from, e. 20%upon completion of the exterior add to Appendix A - General Conditions of this Artwork slab installation according to the Procurement Agreement. Where any article of the installation plans and to the satisfaction General Conditions is modified, or Paragraph, of the Contract Manager. Subparagraph, or Clause thereof is modified or deleted by these Supplementary Conditions, the unaltered B.4 Add the following: "Coordination of on-site provisions of that Article, Paragraph, Subparagraph, or activities: The ARTIST shall coordinate its on-site Clause shall remain in effect. activities with the CONTRACTING AGENCY to minimize (Any deletion or modification of the General Conditions disruption to the CONTRACTING AGENCY'S shall be approved "as to form" by the CONTRACTING construction contractor." AGENCY's legal section, acknowledged in writing, and B.5 Paragraph A5.1: Replace, "it considers included below.) * * * appropriate" with "mutually acceptable to the ARTIST and the CONTRACTING AGENCY Al Add KIB B.6 Paragraph A6.1: Add the following after (default A11.1 Replace"State"with Kodiak Island Borough (KIB) termination), "and the other party fails to procure within A16 16.3 Replace$2000 with$25,000 10 days." B.1 Definition A1.6: Replace, "materials required for B.7 Paragraph A6.2: Add the following after production of the Work of Art have been ordered reasonable expenses, "including storage". (materials do not have to have actually been paid for)." B.8 Paragraph A6.3: Add the following, "However, with"that fabricator contract has been executed." the CONTRACTING AGENCY cannot complete the B.2 Add the following: "The ARTIST shall complete artwork without the ARTIST. And no rights shall pass to all work required under this Agreement no later than the CONTRACTING AGENCY under Article A.11." August 1-14, 2015 (after substantial completion of phase B.9 Paragraph A11.1: Replace paragraph with, "As 6 Area B." of Final Acceptance, the Kodiak Island Borough (KIB) B.3 Add the following: "Schedule: The ARTIST shall shall own the Artwork. The Artist may donate one meet the following constraints. drawing and plans for archival purposes. The KIB shall Work Schedule: only own models of the Artwork, created by the Artist pursuant to this Contract, if separately paid for. 1. Installation of interior slab artwork: July 18, 2014 Copyright of the Artwork, including its design, shall be to July 26, 2014 (during phase 6 interior slab owned by the Artist, subject to the following provisions:" installation) 2. Completion of interior slab artwork: February 13 B.10 Paragraph A11.1 a: Add after 113(D) (3), "unless to 21, 2015 of interior er phase sla 6 artwork: February the artist has provided the CONTRACTING AGENCY t polishing) 20) with a different address." 3. Installation of exterior slab artwork: TBD B.11 Paragraph A11.1 b: Add After the ARTIST shall 4. Completion of exterior slab artwork: TBD "at his option" Payment Schedule: B.12 Paragraph A11.1 e: Replace paragraph with, "The ARTIST is aware of the waiveable rights of artists a. 10% upon execution of contract as authors of works of visual arts as set forth in the b. 20%upon acceptance of final design, Visual Artists' Rights Act of 1990, as amended, and as dimensions and proposed placement of codified in Title 17 of the United States Code (Visual dimensions on the site, engineering and Rights Act). To the extent the Artwork would otherwise nstall artwork on plans. be protected by the Visual Artists' Rights Act and the ARTIST would otherwise be entitled to protection c. 30%upon receipt of materials by thereunder, the ARTIST expressly waives any and all ARTIST rights arising under the Visual Artists' Rights Act that d. 20%upon completion of the interior floor would in any way prevent the owner of the facility in installation according to the installation which the art is installed from remodeling the facility in (January 2011) Appendix A,Supplementary Conditions Page 1 of 2 any manner suitable to the owner, except as otherwise from its own independent negligence following final stated in this Agreement. acceptance of the Artwork. B.13 Paragraph A11.1: Add Section h: "Except as B.23 Paragraph 18.4, Add after CONTRACTING provided in e and g, the CONTRACTING AGENCY AGENCY in the fourth sentence, by the ARTIST'S agrees that it shall not intentionally alter or modify the fabricator, shipper, installer and shall name the Artwork." CONTRACTING AGENCY as insured" B.14 Paragraph A11.1: Add Section is "The CONTRACTING AGENCY agrees to reasonably maintain the Artwork in accordance with maintenance instructions provided by the Artist and further agrees that repairs shall be made in accordance with conservation principles. The Artist shall be notified of any repair and given a reasonable opportunity to make such repairs at this option under the terms of a separate agreement." B.15 Deleted. B.16 Paragraph A16.2: Replace paragraph with, " The ARTIST must comply with all applicable laws, regulations, codes, and ordinances. The ARTIST must also comply with written directives issued by the Procurement Officer prior to commencement." B.17 Paragraph A17.1, first sentence: Delete the clause, "(including any necessary professional engineering design work)" and Replace it with the following: "(including any necessary professional engineering design work related to the ARTIST'S scope of work)" B.18 Paragraph A17.1, first sentence Delete, "obtain the necessary materials, construct the work "and Replace with, "arrange for and supervise the fabrication of the Artwork, including materials and arrange to" B.19 Paragraph A17.1, Add the following to the end of the paragraph: "The ARTIST shall design and build: the sculpture's foundation and lighting system to illuminate the Art Work. The ARTIST shall furnish and install: lighting features, conduit and wiring from a power point provided by the CONTRACTING AGENCY, transformers, and incidental electrical work. The power point will consist of power cable and conduit terminating in a junction box at a location not more than 10 feet from the east edge of the sculpture. The ARTIST shall be responsible for all other Work required under this Agreement" B.20 Paragraph A17.3, Add to the end of the paragraph, "Notwithstanding, the CONTRACTING AGENCY shall prepare the site and provide electrical power as necessary for installation." B.21 Article A17, Add Paragraph A17.4, "The ARTIST shall provide lighting for the Artwork with consultation and approval of the CONTRACTING AGENCY." B.22 Paragraph A18.1, Add to the end of the paragraph, "The CONTRACTING AGENCY shall indemnify the ARTIST to the extent permitted by law (January 2011) Appendix A,Supplementary Conditions Page 2 of 2 Wopo Holup 171 1 County Road #80, Lyons, CO 80540 303-823-5849 wopoholuo @aol.com 451 W. Broadway, NY, NY 10012 212-625-9890 www.woaoholuo.com v..90 t'tku () Kodiak Island Borough —Kodiak High School Art in Public Places Project "Fossil Falls" Site 3 "Kodiak HydrogeoIogy" Combined sites I and 3 Wopo Holup 451 W. Broadway, NY, NY 10012 212-625-9890 w000holuo©aol,com www.w000holup.com Proposal for Kodiak High School "Fossil Falls"Site 3 "Kodiak Island Hydrology"Combined sites 1 and 3 Concept Snow and rain fall on the cliffs above Fossil beach,running down to meet the waters of the Pacific Ocean. The ocean waters will evaporate to form clouds, which will condense to rain or snow and again fall on the cliffs to run down into the ocean. The science of hydrology tells us water on earth is an endlessly cycling system—evaporation, condensation, precipitation and run off. During the process the H2O itself may change composition from liquid water to solid ice or condense to snow crystals in clouds. I would like to tell this story with sculptural elements integrated into the floors, walls and a glass railing at Kodiak High School. Description "Fossil Falls", Site 3 only a. Rain drops and snow crystals are etched in the glass railing on the walkway bridging over the first floor at Cascading Commons. Random patterns of snow/rain will fill each of the rectangular tempered glass panels along this walkway. b. With the idea of rain above, water run off will be shown as a waterfall on the Cascading Commons stairway wall; first as a small stream on the stairs, becoming a five pronged waterfall on the vertical wall and finally forming a puddle in the floor. Water will be represented with high polished stainless steel strips.These are cut using water jet techniques from 'A"thick steel sheets and vary around 1"to 2"wide. "Kodiak Hydrology", Combined Sites 1 and 3 c. Water puddle patterns from the waterfalls continue to combine with ocean wave patterns in the triangular floor space between the Cascading stair wall and Wood Wall directly across from Cascading stair wall. This triangular floor space leads directly to the Welcome Center floor space and then to the Exterior Concrete Patio. Cut stainless steel ocean wave patterns will be embedded in the concrete in the triangular space and the greater Welcome Center floor area. The wave pattern continues to welcome students, teachers and visitors in the entry patio. d. Small cast,copper "condensation dots" rise to the ceiling on the Wood Wall directly across from Cascading stair wall dividing Cawading area from Main Corridor. The Wopo Holup Pg. 2 "condensation dots"will be placed as groups and at random high on the Wooden Wall. The groups become closer together and fit together in dense"cloud"shapes higher on the column. The "clouds"lead to the "snow crystals"on the glass railing, then to the run off and"waterfall" on the stairs and finally to the ocean"waves". The "condensation dots" have threaded pins on the reverse side and will be installed into the wood with epoxy. The"condensation dots"will be in groups forming larger shapes not easily removed. Fabrication and Installation Patterns of"rain drops"and"snow crystals"will be etched on the tempered glass railings above the Cascading stair wall. The glass etching will be done by professionals on site or at the fabricator's shop before the panels are installed. Tom Patti Design in Pittsfield,MA etched the enclosed sample. Metal"waterfall"strips on the Cascading stair wall will have 1"threaded pins on the reverse side. These will be installed in the concrete stairwall with drilled holes and epoxy. Sample stainless steel strip enclosed—one side high polish for water falls and one brushed finish for floor wave patterns inlayed in floor and patio concrete grids. Narrow metal "wave" strips ''A" x '''A"will be installed directly into concrete floor as it is being poured. These strips may also have threaded pins on the reverse side. "Condensation dots"on Wooden Wall will be cast in groups forming shapes at least one foot in diameter. The metal casting will have threaded pins on the reverse side and will be installed in the wood with drilled holes and epoxy. Casting of all metal elements and welding threaded pins to all bronze or stainless steel elements will be by Art Castings of Colorado, Attn: Tony Workman,tonv@artcastings.com 970-667-1114. Waterjet cutting by Colorado Waterjet, Attn: Alan McBride, alan(a),coloradowaterjet.com 970-532-5404. Installation will be by local craftsmen and/or construction companies. I would also consider a local foundry or waterjet company. Shipping to site by fabricators. Maintenance/Care Stainless steel strips embedded in concrete floor should receive standard floor care. Bronze/Steel "waterfalls" elements in Site 3 and Combined Sites have threaded pins on reverse side. These pins should be installed in the concrete stair wall with epoxy. The "waterfalls"pieces will protrude from the stair wall by 'A". Edges will be rounded. After installation metal strips should be dusted,but receive no other special care.They have no coating or sealer. The bronze will stay shinny where it is touched, and where it is not touched will assume a brown and then blue patina as it ages. Copper connected"dots" will assume a patina and require no special care. Etched glass"rain/snow crystals"also require no special care. Wopo Holup Preliminary Budget Fossil Falls Site 3. a). snow crystals etched on Glass bridge and Sand Blasting glass rail 14.5' x 3' (two sides of bridge @ $45 sq. ft) $ 3,915 b.) water falls,water jet cut,polished stainless steel Sheet Stainless Steel 4'x8' sheet ''/"thick$1,295. x 2 (plus tax) $ 3,098 Fabrication Computer Water Jet Cutting $ 3,500 Colorado Water Jet, Loveland, CO Brushing/Polishing and rounding edges $ 1,700 Foundry Cutting to match stair landing/risers, threaded pins $ 1,000 Art Castings of Colorado Site Installation of stainless steel $ 3,500. Misc. including Insurance $430, travel$2,500, signage $200, photographs $500, and @Shipping$ 2,200 $5,830 Artist's Fee @ 20% $ 6,000. Contingency $ 1,457 TOTAL Fossil Falls, Site 3 $30,000 $30.000 Kodiak Island Hydrology, Combination of Site 1 with 3 above c.) Ocean Waves Sheet Stainless Steel 4'x8' sheets ''/"thick$1,295. x 4 (plus tax) 6,200. Fabrication Computer Water Jet Cutting 7,000. d.) Ocean Waves on Patio Grid Stainless Steel 4' x 8' sheets 'A"thick$1,295 x 3 3,885. Fabrication Computer Water Jet Cutting 5,250. c. and d. surfacing 3,500 c. and d. installation 25,000 c. and d. shipping 8,400 e.) Condensation drops Casting of copper"drops" for Wooden Wall 2,500. Surfacing and threaded pins 1,700 Shipping 1,200 Installation on Wooden Wall. 2,500 Misc, including Insurance $430, travel $2,500, signage $200, photographs $500, 7,000. Artist's Fee @ 20% 22,000. Contingency 13,865. 110,000 TOTAL (including Site 3) Kodiak Island Hydrology $140,000 Wopo Holup Estimated Production Schedule Studio planning and fabrication six months On-site etching and installation three weeks—one month The following is a list of tasks and estimated time,some productions overlap: Planning in artist's studio one month.- Vectors to water jet company and cutting of stainless steel one month Casting of"condensation"dots two weeks Polishing and rounding edges of stainless steel one month On site etching of glass railing one week(templates on hand) Installation of waterfalls two days Installation of condensation dots 2 days Installation of ocean"waves"two weeks Anticipated Projects in Process during estimated Production Schedule Miami University,Legacy Project will be in fund raising and production over the next two years. MTA,New York project now complete and planned for installation in April 2013 References: Karen Rudd, Manager Cultural Affairs City of Norfolk 208 East Main Street Norfolk, Virginia 23510 757-664-6883 Karen.Rudd@norfolk.gov "Metamorphosis", Crossroads EIementary School($104,000) Brenda S. Geoghagan Director of Public Information and Community Relations Tampa International Airport Hillsborough County Aviation Authority J .O. Box 22287 Tampa, FL 33622 813/670-8707 BGeoghagan(a)TampaAi roort.com Florida Constellations, 2008,Tampa International Airport($250,000) Porter Aineil-lq Director/Public Art Administrator KansasCit tAiinicipal Art Commission(CIMO) City.Halls 17141 Floor 414 E. 12th Street Kansas City, MO 64 106 O-&16-513-2538 C-816564-1280 Porter Arneill @kcmo.orq "The River", 2007, Shoal Creek Police Academy ($270,000) II 4N FF '1.0`4",‘ 1 ;� .a . z t& t . 51A . r l • A�i1 y.� r ��iiraa r^ K i S +++iiiw.. t t "� .a�7 .r ; ''Wlyl -,r'.7'.i1'�- }f i -1,,,t4,41::1 i t 1 ��.,j, '` y�� ♦ jI .y 1J ,, 1 nr; e4. y: t• lt 7:£ti 31�� Me , tr M^Z 9 D 1 i'�714izfP F� f� n�J.v..:0,111,")1 Ntj,i/� Ao) al.,�• 1Y `.K t ♦ st� 'Ii.(•0:., , t #'fi.['.[1.(i ` .(611M{1';',�1,�••' " 5 l i '� 1 -g i � Swim,. '1SJi ♦/a Slt ,, \ �l ?l` j�4. , is tt"�" Y Qy� '\ • us t t 7 r 1 A� y '' :.,., j `` /may,,, ""i \•, '' ! ,. ...1 t .t . 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The 1D.ssoari Ada p" .ittNY.asb,Cit v Pa/.'s,ca ilea a/eacaae a.b28 Who 110 lop it-ulLSc a an- I Owe#a ga1;a ®a-se ten- =a /.a ranotaml.go Lola y ARTWORK PROCUREMENT Agreement No: AGREEMENT KIB Project No: 10021 Project Title: KHS ADDITION & RENOVATION To this Agreement between KODIAK ISLAND BOROUGH hereafter the CONTRACTING AGENCY, and Sheila Wyne dba Sheila Wyne Studios hereafter the ARTIST(Artist), effective on the last date executed by its parties, in consideration of the terms, conditions and promises of Articles 1 through 7 in this document, the parties hereby agree. ARTIST Signature: Signature: Name: Sheila Wyne Date Name: Date Title: Title: CONTRACTING AGENCY Contract Manager Contracting Officer Signature: Signature: Name: Jessica Wolfe Date Name: Charles E. Cassidy, Jr. Date Title: Project Manager Title: Borough Manager ARTICLE I - PURPOSE 1.1 Procurement of a professionally designed, constructed, and installed Aluminum Plate Image connected to welcome area wall, 8106, in phase 6, Site 2. ARTICLE 2-COMPENSATION 2.1 The fixed price payable under this Agreement shall be: Forty Three Thousand Six Hundred Eighty Four and No/100 Dollars($43,684.00) USD. 2.2 The CONTRACTING AGENCY will make progress payments to the ARTIST, upon receipt of acceptable invoices for services and any supporting documentation requested by the Project Manager, in accordance with the following schedule [note: percentages may only be adjusted from this standard via specific language in Article 8 on a contract-by- contract basis prior to execution]: a. 10%upon execution of contract b. 10%upon acceptance of final design, dimensions and proposed placement of artwork on the site, engineering and installation plans. c. 30% upon receipt of materials by ARTIST d. 20%upon completion of water jet process to the satisfaction of the Contract Manager. e. 30%upon completion of the work according to the installation plans and upon acceptance of completely installed artwork by the Contract Manager. 2.3 The CONTRACTING AGENCY will make final payment to the ARTIST following approval of completion of all Work. Total payment of all Material Suppliers and Subcontractors and satisfactory compliance with Article Al -Taxes, are conditions precedent to final payment. Liens or other claims relating to the Project may be withheld from final payment if written notice is first given to the ARTIST. Acceptance of the final payment will constitute the ARTIST's waiver of future claims. Artwork Agreement (January 2011)Agreement Page 1 of 2 ARTICLE 3-PERIOD OF PERFORMANCE 3.1 ARTIST shall commence services under this Agreement as authorized by written Notice(s) to Proceed and shall complete the services in accordance with any time schedule required by Appendices. This Agreement is of no force or effect until executed by the ARTIST and the CONTRACTING AGENCY and no services shall be undertaken or performed until a Notice to Proceed is issued. 3.2 The Period of Performance under this Agreement shall end: September 6, 2015.(at final completion of Area B) ARTICLE 4—APPENDICES 4.1 The following Appendices are attached to this document and incorporated herein: Appendix Title Date Prepared No. Pages A General Conditions July, 2013 7 B Supplementary Conditions July, 2013 2 ARTICLE 5-CONTRACTING AGENCY DATA Office Address Street: 711 Mill Bay Road Appeals Officer: PO Box: • City, State, Zip: Kodiak,AK 99615 Authorization: Phone-Voice: 486-9210 Phone-FAX: 486-9347 Funding Source: ARTICLE 6 -ARTIST DATA Manager: Sheila Wyne Alaska Business License No.: Title: Federal Tax Identification No.: 336-58-1293 Office Address Type of Firm Street: 2911 Willow Street ❑ Individual ❑ Partnership PO Box: City, State, Zip: Anchorage, AK 99517 ❑ Corporation in state of: Alaska Phone-Voice: 907.360.2382 email: shewyne @gmail.com ❑ Other(specify): ARTICLE 7 -SUBCONTRACTORS 7.1 ARTIST shall perform all services required under this Agreement except as may be performed by the Subcontractors listed below. Type of Service Subcontractor Artwork Agreement (January 2011)Agreement Page 2 of 2 GENERALCONDITIONS APPENDIX A y A1.8 ARTIST - The firm (person or any business combination) who executes this Agreement and provides Article Number and Title services. Al Definitions A1.9 ARTISTs Manager - The ARTIST's A2 Occupational Safety and Health representative in responsible charge of the work, directly A3 Changes answerable for the required services, and the A4 Audits and Records CONTRACTING AGENCY's primary point of contact A5 CONTRACTING AGENCY Inspections with the ARTIST. AS Termination or Suspension A7 Officials Not to Benefit A1.10 Notice to Proceed (NTP) - Written authorization AS Independent CONTRACTOR from the CONTRACTING AGENCY to the ARTIST to A9 Proselytizing provide all or specified services in accordance with an Al0 Precedence of Documents existing Agreement. All Ownership of Work of Art Al2 Subcontractors Successors and Assigns A1.11 Contract Manager - CONTRACTING AGENCY's Al3 Claims and Disputes representative and the ARTIST's primary point of contact A14 Extent of Agreement with the CONTRACTING AGENCY. A15 Taxes A16 Governing Law A1.12 Summary of Work - Services and work products required of the ARTIST by this Agreement. ARTICLE Al DEFINITIONS A1.13 Subcontractor — A person or firm engaged to provide a portion of the Summary of Work by A1.1 Additional or Extra Services - Services, work subcontract with the ARTIST (does not include products or actions required of the ARTIST above and employees of the ARTIST). beyond provisions of the Agreement. ARTICLE A2 A1.2 Amendment - A written change to this OCCUPATIONAL SAFETY AND HEALTH Agreement. A2.1 The ARTIST and its Subcontractors shall observe A1.3 Appeals Officer - The designated individual or a and comply with the Federal Occupational Safety and duly appointed successor whose decisions constitute the Health act of 1970 and with all safety and health exhaustion of contractual and administrative alternatives standards promulgated by the Secretary of Labor under for resolution of Claims and disputes. authority thereof and with all State of Alaska Occupational Safety and Health Laws and regulations. A1.4 KIB — The Kodiak Island Borough. A designated representative of this agency will be the Contract ARTICLE AS Manager, administering this Agreement and ensuring CHANGES the production of a quality Work of Art by the Artist. A3.1 Changes (including "Supplemental Agreements") A1.5 Change - A revision in services, complexity, in the period of performance, general conditions, character, or duration of the services or provisions of this statement of services, or other provisions established by Agreement. this Agreement may be made by written Amendment only. If such changes cause an increase or a decrease A1.6 Commencement — Artist has completed the final in the ARTIST's cost, an equitable adjustment shall be design and demonstrates that materials required for made and specified in the Amendment. The ARTIST production of the Work of Art have been ordered shall not perform any additional or extra services prior to (materials do not have to have actually been paid for). receiving a fully executed copy of an Amendment and a Notice to Proceed, except as the ARTIST may be A1.7 Contracting. Officer - The individual or a duly directed under the provisions of Article Al3 - Claims and appointed successor designated as the official Disputes. representative to administer contracts for the CONTRACTING AGENCY. A3.2 If at any time the CONTRACTING AGENCY through its authorized representatives, either verbally or in writing, requests or issues instructions for Additional or Extra Services or otherwise directs actions which ArtworkAgreement (January 2011) Appendix A,General Conditions Page 1 of 7 conflict with any provision of this Agreement, the ARTICLE A6 ARTIST shall, within 30 days of receipt and prior to TERMINATION OR SUSPENSION pursuing such instructions, so notify the CONTRACTING AGENCY in writing, and to the extent possible, describe A6.1 This Agreement may be terminated by either the services and estimated cost of any Additional or party upon 10 days written notice if the other party fails Extra Services. The CONTRACTING AGENCY will then substantially to perform in accordance with its terms evaluate and, if appropriate, negotiate an Amendment. through no fault of the party initiating the termination Unless so notified by the ARTIST, the CONTRACTING (default termination). If the CONTRACTING AGENCY AGENCY may assume such instructions have not terminates this Agreement, the CONTRACTING changed any provisions of this Agreement nor require AGENCY will pay the ARTIST a sum equal to the additional compensation. No additional payments shall percentage of work completed that can be substantiated be made to the ARTIST without such notice. in whole or in part either by the ARTIST to the satisfaction of the CONTRACTING AGENCY or by the ARTICLE A4 CONTRACTING AGENCY. If the CONTRACTING AUDITS AND RECORDS AGENCY becomes aware of any non-conformance with this Agreement by the ARTIST, the CONTRACTING A4.1 The ARTIST shall maintain records of AGENCY will give prompt written notice thereof to the performances, communications, documents, ARTIST. Should the ARTIST's services remain in non- correspondence and costs pertinent to this Agreement conformance, the percentage of total compensation and the CONTRACTING AGENCY's authorized attributable to the nonconforming work may be withheld. representatives shall have the right to examine such records and accounting procedures and practices. A6.2 The CONTRACTING AGENCY may at any time terminate (convenience termination) or suspend this A4.2 The CONTRACTING AGENCY's authorized Agreement for its needs or convenience. In the event of representatives shall have the right to examine all books, a convenience termination, or suspension for more than records, documents and other data of the ARTIST 3 months, the ARTIST will be compensated for related to the negotiation, pricing and performance of authorized services and authorized expenditures this Agreement and any modification or change for the performed to the date of receipt of written notice of purpose of evaluating the accuracy, completeness and termination or suspension plus reasonable expenses. No currency of the data submitted. The right of examination fee or other compensation for the uncompleted portion of shall extend to all documents necessary to permit the services will be paid except for already incurred adequate evaluation of the data, computations and indirect costs which the ARTIST can establish and which projections used. would have been compensated for over the life of this Agreement, but because of the termination or A4.3 The materials described in this article shall be suspension would have to be absorbed by the ARTIST made available at a business office of the ARTIST at all without further compensation. reasonable times for inspection, audit or reproduction, for a minimum of 3 years from the date of any resulting A6.3 In the event of termination or suspension, the final settlement. ARTIST shall deliver all work products, reports, estimates, schedules and other documents and data a. If this Agreement is completely or partially prepared pursuant to this Agreement to the terminated, records relating to the services CONTRACTING AGENCY. terminated shall be made available for a minimum of 3 years from the date of any ARTICLE A7 resulting final settlement. OFFICIALS NOT TO BENEFIT b. Records which relate to appeals under Article A7.1 No member of or delegate to Congress, United A13 - Claims and Disputes, or litigation or the States Commissioner or other officials of the Federal, settlement of Claims arising out of the State, Political subdivision or Local Government shall be performance of this Agreement shall be made admitted to any share or part of this Agreement or any available until such appeals, litigation or Claims benefit to arise therefrom. have been concluded. ARTICLE A8 ARTICLE A5 INDEPENDENT CONTRACTOR CONTRACTING AGENCY INSPECTIONS A8.1 The ARTIST and its agents and employees shall A5.1 The CONTRACTING AGENCY has the right to act in an independent capacity and not as officers, inspect, in the manner and at reasonable times it agents, or employees of the CONTRACTING AGENCY considers appropriate during the period of this in the performance of this Agreement. Agreement, all facilities and activities of the ARTIST as may be engaged in the performance of this Agreement. A8.2 Any and all employees of the ARTIST, while engaged in the performance of any work or services ArtworkAgreement (January 2011) Appendix A,General Conditions Page 2 of 7 required by the ARTIST under this Agreement, shall be Artist under this Contract. However, copyright of the considered employees of the ARTIST only and not of the Artwork, including its design, shall be owned by the CONTRACTING AGENCY and any and all Claims that Artist, subject to the following provisions: may or might arise under the Worker's Compensation Act on behalf of said employees, while so engaged and a. The State may display the Artwork in any place any and all Claims made by a third party as a and manner, so long as the integrity of the consequence of any negligent act or omission on the Artwork is not violated. Except for temporary part of the ARTIST's employees, while so engaged on relocations reasonably anticipated to last less any of the services to be rendered herein, shall be the than 180 days or relocations caused by sole obligation and responsibility of the ARTIST. emergencies or to protect the public from imminent harm, prior to the relocation of the A8.3 This Agreement will be declared null and void Artwork which may become necessary during should the CONTRACTING AGENCY determine that by the Artist's life, the State shall, first send notice Internal Revenue Service definitions the ARTIST is an of the relocation by registered mail to the Artist employee of the CONTRACTING AGENCY. at the most recent address of the Artist that was recorded in the system of records established by ARTICLE A9 the Register of Copyrights pursuant to 17 U.S.C. PROSELYTIZING 113(D)(3). If the relocation will result in the destruction of the artwork, the notice shall A9.1 The ARTIST agrees that it will not engage on a specify that the Artist shall have 95 days from full or part time basis, during the period of this the date the notice was mailed to remove the Agreement, any person or persons who are or have artwork at the Artist's sole expense. This been employed by the CONTRACTING AGENCY during paragraph does not diminish the ultimate right of the period of this Agreement or during the 90 days the State to remove and relocate, to store or immediately preceding the date of this Agreement otherwise discontinue display, or to take any except those who have been regularly retired or other action described in Para. E, below. approved in writing by the CONTRACTING AGENCY. ARTICLE A10 b. The Artist shall deliver the final model of the PRECEDENCE OF DOCUMENTS Artwork created pursuant to this Contract to the State and agrees that it will not recreate such A10.1 Components of this Agreement shall stand and drawing, models or the completed Artwork for prevail in the following order: Agreement over another person or organization. Supplemental Conditions; Supplemental Conditions over General Conditions; General c. The State may photograph or otherwise Conditions over Summary of Work; Summary of Work reproduce the Artwork for documentary or over Compensation; Compensation over any archival purposes, or for use in information appendices. publications, so long as no monetary gain is realized directly for such use A10.2 If a "Request for Proposal" (RFP) and/or a proposal are appended to this Agreement, the d. The Artist shall be entitled to retain and utilize components described in paragraph 4.11.1 shall stand copies of the drawings and models, including and prevail over the proposal and the proposal over the photographs of the Artwork, for the Artist's own RFP. exhibitions. The Artist shall further be entitled to reproduce such drawings, models and A10.3 These terms, conditions and requirements apply photographs for use in the portfolio and in books to the Contract Documents describing the Work for the and publications about the Artwork, and to Project. If any provision of these Contract Documents is exercise all other reproduction rights provided declared by a court to be illegal or in conflict with any under the United States copyright laws, except law, the validity of the remaining provisions and the as otherwise restricted by this Contract. ensuing rights and obligations of the Parties to the contract shall not be affected. e. The Artist is aware of the waiveable rights of artists as authors of works of visual arts as set ARTICLE All forth in the Visual Artists' Rights Act of 1990, as OWNERSHIP OF WORK OF ART amended, and as codified in Title 17 of the United States Code (Visual Rights Act). To the A11.1 As of Final Acceptance, the State shall own the extent the Artwork would otherwise be protected Artwork, together with all drawings and models of the by the Visual Artists' Rights Act and the Artist Artwork, created by the Artist pursuant to this Contract. would otherwise be entitled to protection Prior to Final Acceptance, the State shall have, at its thereunder, the Artist expressly waives any and option, that percentage ownership interest in the artwork, all rights arising under the Visual Artists' Rights and in all materials, designs and efforts under this Act, except as otherwise stated in this contract, Contract, equivalent to that percentage of their fair market value that the State has at any time paid to the ArtworkAgreement (January 2011) Appendix A,General Conditions Page 3 of 7 that would in any way prevent the owner of the legal representatives of the CONTRACTING AGENCY facility in which the art is installed from with respect to all covenants of this Agreement. remodeling the facility in any manner suitable to the owner, except as otherwise stated in this Al2.5 The ARTIST shall include provisions appropriate provision, and waives any rights arising under to effectuate the purposes of this Agreement in all United States or Canadian federal, state or subcontracts executed to perform services under this provincial law or under the laws of any other Agreement that may exceed a cost of$25,000. country that conveys rights of the same nature as those conveyed under the Visual Artists' ARTICLE A13 Rights Act or any other type of moral right or CLAIMS AND DISPUTES droit moral with respect to the Artwork for any and all uses in which either the attribution or the A13.1 If the ARTIST becomes aware of any act or integrity right may be implicated including, occurrence that may form the basis of a Claim by the without limitation, the removal, relocation, ARTIST for additional compensation or an extension of destruction, distortion, mutilation or other time for performance, or if any dispute arises regarding a modification of all or any portion of the Artwork question of fact or interpretation of this Agreement, the as deemed necessary or desirable by the State, ARTIST shall immediately inform the Contract Manager. except as otherwise stated in this contract. If the matter cannot be resolved within 7 days, the ARTIST shall, within the next 14 days, submit its "Intent f. The Artist does not waive rights arising under to Claim"in writing to the Contract Manager. the Visual Artists' Rights Act should the owner of the facility seek to remove the Artwork due to A13.2 If the ARTIST believes additional compensation political controversy over the aesthetics of, is warranted, the ARTIST shall immediately begin to content of, or views perceived to be expressed keep and maintain complete, accurate and specific daily by the Artwork. records concerning every detail of the potential Claim including actual costs incurred. The ARTIST shall give g. The Artist expressly recognizes and the CONTRACTING AGENCY access to any such acknowledges that the construction and nature record and, when so requested, shall forthwith furnish of the Artwork may subject the Artwork to the CONTRACTING AGENCY copies thereof. destruction, distortion, mutilation or other Equipment costs shall be based on the ARTIST's modification by reason of removal or relocation internal rates for ownership, depreciation, and operating of all or any portion of the Artwork or by expenses and not on published rental rates. destruction of or modification to the building in which it is installed. In such case, as described A13.3 The Claim, if not resolved, shall be presented to in this provision, the Artwork shall no longer be the Contract Manager, in writing, within 60 days represented to be the work of the Artist without following receipt of the "Intent to Claim". The Contract the written consent of the Artist. Manager will acknowledge receipt of the Claim in writing. A13.4 The ARTIST agrees that unless these written ARTICLE Al2 notices are provided, the ARTIST will have no SUBCONTRACTORS, SUCCESSORS AND ASSIGNS entitlement to additional time or compensation for such act, event or condition. The ARTIST shall in any case Al2.1 The CONTRACTING AGENCY must concur in continue diligent performance under this Agreement. the selection of any person or firm that may be engaged in performance of this Agreement to provide negotiable A13.5 The Claim shall specifically include the following: professional or technical services, products, etc., (vs. commodity items available to the general public in stores a. The act, event or condition giving rise to the at market prices). Claim; Al2.2 If this Agreement includes named firms or b. The provisions of the Agreement which apply to individuals, then such firms or individuals shall be the Claim and under which relief is provided; employed for the designated services, unless the Agreement is changed by Amendments. c. The item or items of project work affected and how they are affected; and, Al2.3 The ARTIST shall not assign, sublet or transfer any interest in this Agreement without the prior written d. The specific relief requested, including Contract consent of the CONTRACTING AGENCY. Time if applicable, and the basis upon which it was calculated. Al2.4 The ARTIST binds itself, its partners, its Subcontractors, assignees and legal representatives to A13.6 The Claim, in order to be valid, must not only this Agreement and to the successors, assignees and show that the ARTIST suffered damages or delay but that those conditions were actually a result of the act, ArtworkAgreement (January 2011) Appendix A,General Conditions Page 4 of 7 event or condition complained of and that the Agreement A14.3 This Agreement may be changed only by written provides entitlement to relief to the ARTIST for such act, Amendment executed by both the CONTRACTING event, or condition. AGENCY and the ARTIST. A13.7 The Contract Manager reserves the right to make A14.4 All communications that affect this Agreement written requests to the ARTIST at any time for additional must be made or confirmed in writing and must be sent information that the ARTIST may possess relative to the to the addresses designated in this Agreement. Claim. The ARTIST agrees to provide the Contract Manager such additional information within 30 days of A14.5 The ARTIST on receiving final payment will receipt of such a request. Failure to furnish such execute a release, if required, in full of all Claims against additional information may be regarded as a waiver of the CONTRACTING AGENCY arising out of or by the Claim. reason of the services and work products furnished and under this Agreement. A13.8 If the Claim is not resolved by Agreement within 60 days of its receipt, the Contract Manager will issue a ARTICLE A15 written decision to the ARTIST. The ARTIST may appeal TAXES the Contract Manager's decision within 30 days to the Contracting Officer. Any appeal must be in writing and A15.1 As a condition of performance of this Agreement, must list the specific exceptions to the Contract the ARTIST shall pay all Federal, State and Local taxes Manager's decision including specific provisions of the incurred by the ARTIST and shall require their payment Agreement which the ARTIST intends to rely upon in his by any Subcontractor or any other persons in the appeal. performance of this Agreement. ARTICLE A16 A13.9 The ARTIST shall certify that the Claim is made GOVERNING LAW in good faith, that the supporting cost and pricing data are accurate and complete to the best of the ARTIST's A16.1 This Agreement is governed by the laws of the knowledge and belief, and that the amount requested State of Alaska and Federal and Local Laws and accurately reflects the adjustment to the Agreement for Ordinances applicable to the work performed. The which the ARTIST believes the CONTRACTING ARTIST shall be cognizant and shall at all times observe AGENCY is liable. and comply with such laws which in any manner affect A13.10 The ARTIST will be furnished a written signed those engaged or employed in the performance, or g which in any way affects the manner of performance, of copy of the Contracting Officer's decision within 90 days, this Agreement. unless the Contracting Officer requests additional information. The Contracting Officer's decision is final A16.2 The ARTIST must comply with all applicable and conclusive unless fraudulent as to the Claim or laws, regulations, codes, ordinances and written unless, within 14 days of receipt of the decision, the directives issued by the Procurement Officer. In ARTIST delivers a written Notice of Appeal to the addition, the ARTIST must obtain applicable licenses Appeals Officer designated on Page 8 of this and permits and provide supervision, labor, and tools. Agreement. A16.3 The Alaska Department of Labor and Workforce A13.11 Procedures for appeals via Arbitration are Development, Wage and Hour Administration, must be covered in 2 AAC 16.950-989. notified in accordance with AS 36.05.010 and AS ARTICLE A14 36.5.30 if the cost of the construction exceeds EXTENT OF AGREEMENT $25,000. The ARTIST must comply with the requirements noted within the Department of Labor A14.1 This Agreement including appendices represents packet entitled "Laborers' the entire and integrated Agreement between the & Mechanics' Minimum Rates of Pay". To obtain a copy CONTRACTING AGENCY and the ARTIST and of the referenced packet, contact the Procurement supersedes all prior negotiations, representations or Agency or the Department of Labor. Agreements,written or oral. ARTICLE A17 A14.2 Nothing contained herein may be deemed to SUMMARY OF WORK create any contractual relationship between the A17.1 The ARTIST shall finalize design of the Work of CONTRACTING AGENCY and any Subcontractors or Art that was proposed in response to the State's Call for material suppliers; nor may anything contained herein be Proposals (including any necessary professional deemed to give any third party Claim or right of action engineering design work) and then obtain the necessary against the CONTRACTING AGENCY or the ARTIST materials, construct the work, deliver it to the site, and which does not otherwise exist without this Agreement. install it in its intended location within the project (comply with construction licensure requirements relevant to those portions of the installation work governed by law or ArtworkAgreement (January 2011) Appendix A,General Conditions Page 5 of 7 regulation). (Copies of both the Call and the Proposal shall be entitled to coverage to the extent of such higher are incorporated into this Agreement by reference.) limits. Certificates of insurance must be furnished to the CONTRACTING AGENCY and incorporated into this A17.2 The ARTIST shall remedy all defects in materials Agreement with copies attached to this document. or workmanship that develop within a period of one year Certificates must provide for the CONTRACTING from the date of final payment. AGENCY to receive notice of any policy cancellation or reduction per AS 21.36 Sections 210-310. Failure to A17.3 The ARTIST shall have sole responsibility for the furnish certificates of insurance or lapse of the policy is a means, methods, sequences, or procedures of material breach and grounds for termination of the construction and safety precautions related to the ARTIST's services and may preclude other Agreements Project. The ARTIST shall conduct all Work in such a between the ARTIST and the CONTRACTING manner that protects the public and State resources. AGENCY. ARTICLE A18 INDEMNIFICATION &INSURANCE A18.5 Worker's Compensation Insurance: The ARTIST shall provide and maintain, for all employees engaged in A18.1 The ARTIST shall indemnify, hold harmless, and work under this Agreement, coverage as required by AS defend the CONTRACTING AGENCY from and against 23.30.045, and; where applicable, any other statutory any claim of, or liability for negligent acts, errors or obligations including but not limited to Federal USL&H omissions of the ARTIST under this Agreement. The and Jones Act requirements. The policy(s) must waive ARTIST shall not be required to indemnify the subrogation against the State of Alaska. Worker's CONTRACTING AGENCY for a claim of, or liability for, Compensation Insurance is not required if the the independent negligence of the CONTRACTING ARTIST is an Independent Contractor, Sole AGENCY. If there is a claim of, or liability for, the joint Proprietor or Self-Employed Person having no negligent error or omission of the ARTIST and the employees in any sense of AS 23.30.045 (Artist and independent negligence of the CONTRACTING Project Manager to agree in advance and in writing). AGENCY, the indemnification and hold harmless obligation shall be apportioned on a comparative fault A18.6 Commercial General Liability Insurance: Such basis. "ARTIST' and "CONTRACTING AGENCY", as policy shall have minimum coverage limits of $300,000 used within this article, include the employees, agents combined single limit per occurrence or split limits of and other contractors who are directly responsible, $300,000 per person/$500,000 per occurrence. The respectively, to each. The term "Independent policy shall be written on an "occurrence" form and shall Negligence" is negligence other than in the not be written as a "claims-made" form unless CONTRACTING AGENCY's selection, administration, specifically reviewed and agreed to by the monitoring, or controlling of the ARTIST and in CONTRACTING AGENCY. Comprehensive or approving or accepting the ARTIST's Work. Commercial General Liability Insurance is not required if the general public and clients do not have A18.2 The ARTIST shall exercise that degree of skill, any business access to a place of business or home care and judgment commensurate with the professional office maintained by the Artist (Artist and Project standards for the services of a similar nature. When Manager to agree in advance and in writing). such standards are in dispute, a panel of three qualified impartial professionals objectively selected and A18.7 Comprehensive Automobile Liability Insurance: appointed by the Appeals Officer shall establish them. Such policy shall have minimum coverage bodily injury liability limits of $300,000 combined single limit per A18.3 The ARTIST shall correct, through re- occurrence or split limits of $300,000 per performance at its expense, any services which are person/$500,000 per occurrence. The policy shall cover deficient or defective because of the ARTIST's failure to all owned, hired and non-owned vehicles. In addition, it perform said services in accordance with professional shall have a minimum of $50,000 per occurrence standards, provided the CONTRACTING AGENCY has property damage liability limits. Comprehensive notified the ARTIST in writing within a reasonable time, Automobile Liability Insurance is not required if only not to exceed 60 days, of the discovery of any such public transportation, or a rented passenger vehicle deficiency during the performance of the services and with business use insurance, will be used to within 12 months of the date of final payment under this accomplish requirements of this Agreement (Artist Agreement. and Project Manager to agree in advance and in writing). A18.4 Without limiting the ARTIST's indemnification, it is ARTICLE A19 agreed that ARTIST shall purchase at its own expense ALASKA LICENSES/REGISTRATIONS and maintain in force at all times for the duration of this Agreement the following policies of insurance. Where A19.1 The ARTIST and all Subcontractors shall comply specific limits are shown, it is understood that they shall with the following applicable requirements of Alaska be the minimum acceptable limits. If the ARTIST's policy Statutes: contains higher limits, the CONTRACTING AGENCY ArtworkAgreement (January 2011) Appendix A,General Conditions Page 6 of 7 c. Joint Ventures, regardless of type of services a. Alaska Business License (Form 08-070 issued provided, must be licensed/registered in the under AS 43.70) at the time designated for legal name of the Joint Venture as used in this opening (i.e., receipt) of proposals as required proposal (AS 43.70.020 and 43.70.110(4)) by AS 36.30.210(e) for ARTIST; and not later than five days after a Notice of Intent to Award as required by AS 36.30.210(a) and AS [For information about licensing, Offerors may 36.30.250(a)for all Subcontractors. contact the Alaska Department of Commerce and Economic Development, Division of Occupational b. Certificate of Incorporation (Alaska firms) or Licensing at P.O. Box 110806, Juneau, AK 99811- Certificate of Authorization for Foreign Firm 0806, or at Telephone(907)465-2550. ("Out-of-State" firms). All corporations, regardless of type of services provided, must have one of the certificates (AS 10.06.218 and other sections of Title 10.06 - Alaska Corporations Code). ArtworkAgreement (January 2011) Appendix A,General Conditions Page 7 of 7 SUPPLEMENTARY CONDITIONS KIB Project No: APPENDIX B Date Prepared: 07/12/13 MODIFICATIONS TO THE GENERAL CONDITIONS BA Add the following: "Coordination of on-site activities: The ARTIST shall coordinate its on-site The following supplements modify, change, delete from, activities with the CONTRACTING AGENCY to minimize add to Appendix A - General Conditions of this Artwork disruption to the CONTRACTING AGENCY'S Procurement Agreement. Where any article of the construction contractor." General Conditions is modified, or Paragraph, Subparagraph, or Clause thereof is modified or deleted B.5 Paragraph A5.1: Replace, "it considers by these Supplementary Conditions, the unaltered appropriate" with "mutually acceptable to the ARTIST provisions of that Article, Paragraph, Subparagraph, or and the CONTRACTING AGENCY Clause shall remain in effect. B.6 Paragraph A6.1: Add the following after (default (Any deletion or modification of the General Conditions termination), "and the other party fails to procure within shall be approved "as to form" by the CONTRACTING 10 days." AGENCY's legal section, acknowledged in writing, and B.7 Paragraph A6.2: Add the following after included below.) reasonable expenses, "including storage". * * * B.8 Paragraph A6.3: Add the following, "However, Al Add KIB the CONTRACTING AGENCY cannot complete the A11.1 Rep/ace"State"with Kodiak Island Borough (KIB) artwork without the ARTIST. And no rights shall pass to Al6 16.3 Replace$2000 with$25,000 the CONTRACTING AGENCY under Article A.11." B.1 Definition A1.6: Replace, "materials required for B.9 Paragraph A11.1: Replace paragraph with, "As production of the Work of Art have been ordered of Final Acceptance, the Kodiak Island Borough (KIB) (materials do not have to have actually been paid for)." shall own the Artwork. The Artist may donate one with"that fabricator contract has been executed." drawing and plans for archival purposes. The KIB shall only own models of the Artwork, created by the Artist B.2 Add the following: "The ARTIST shall complete pursuant to this Contract, if separately paid for. all work required under this Agreement no later than Copyright of the Artwork, including its design, shall be August 1-14, 2015 (after substantial completion of phase owned by the Artist, subject to the following provisions:" 6 Area B." B.3 Add the following: "Schedule: The ARTIST shall B.10 Paragraph A11.1 a: Add after 113(D) (3), "unless meet the following constraints. the artist has provided the CONTRACTING AGENCY with a different address." Work Schedule: 1. Installation of artwork: August 6,2015 (At B.11 Paragraph A11.1 b: Add After the ARTIST shall "at his option" substantial completion of Area B) 2. Completion of artwork: September 6, 2015 (at B.12 Paragraph A11.1 e: Replace paragraph with, final completion of Area B) "The ARTIST is aware of the waiveable rights of artists as authors of works of visual arts as set forth in the Payment Schedule: Visual Artists' Rights Act of 1990, as amended, and as a. 10% upon execution of contract codified in Title 17 of the United States Code (Visual Rights Act). To the extent the Artwork would otherwise b. 10% upon acceptance of final design, be protected by the Visual Artists' Rights Act and the dimensions and proposed placement of ARTIST would otherwise be entitled to protection artwork on the site, engineering and thereunder, the ARTIST expressly waives any and all installation plans. rights arising under the Visual Artists' Rights Act that c. 30% upon receipt of materials by would in any way prevent the owner of the facility in ARTIST which the art is installed from remodeling the facility in d. 20% upon completion of water jet any manner suitable to the owner, except as otherwise process to the satisfaction of the stated in this Agreement. Contract Manager. B.13 Paragraph A11.1: Add Section h: "Except as e. 30% upon completion of the work provided in e and g, the CONTRACTING AGENCY according to the installation plans and agrees that it shall not intentionally alter or modify the upon acceptance of completely installed Artwork." artwork by the Contract Manager. B.14 Paragraph A11.1: Add Section is "The CONTRACTING AGENCY agrees to reasonably (January 2011) Appendix A,Supplementary Conditions Page 1 of 2 maintain the Artwork in accordance with maintenance instructions provided by the Artist and further agrees that repairs shall be made in accordance with conservation principles. The Artist shall be notified of any repair and given a reasonable opportunity to make such repairs at this option under the terms of a separate agreement." 8.15 Deleted. B.16 Paragraph A16.2: Replace paragraph with, " The ARTIST must comply with all applicable laws, regulations, codes, and ordinances. The ARTIST must also comply with written directives issued by the Procurement Officer prior to commencement." B.17 Paragraph A17.1, first sentence: Delete the clause, "(including any necessary professional engineering design work)" and Replace it with the following: ;(including any necessary professional engineering design work related to the ARTIST'S scope of work)" B.18 Paragraph A17.1, first sentence Delete, "obtain the necessary materials, construct the work "and Replace with, "arrange for and supervise the fabrication of the Artwork, including materials and arrange to" B.19 Paragraph A17.1, Add the following to the end of the paragraph: "The ARTIST shall design and build: the sculpture's foundation and lighting system to illuminate the Art Work. The ARTIST shall furnish and install: lighting features, conduit and wiring from a power point provided by the CONTRACTING AGENCY, transformers, and incidental electrical work. The power point will consist of power cable and conduit terminating in a junction box at a location not more than 10 feet from the east edge of the sculpture. The ARTIST shall be responsible for all other Work required under this Agreement" B.20 Paragraph A17.3, Add to the end of the paragraph, "Notwithstanding, the CONTRACTING AGENCY shall prepare the site and provide electrical power as necessary for installation." B.21 Article A17, Add Paragraph A17.4, "The ARTIST shall provide lighting for the Artwork with consultation and approval of the CONTRACTING AGENCY." B.22 Paragraph A16.1, Add to the end of the paragraph, "The CONTRACTING AGENCY shall indemnify the ARTIST to the extent permitted by law from its own independent negligence following final acceptance of the Artwork. B.23 Paragraph 18.4, Add after CONTRACTING AGENCY in the fourth sentence, "by the ARTIST'S fabricator, shipper, installer and shall name the CONTRACTING AGENCY as insured" (January 2011) Appendix A,Supplementary Conditions Page 2 of 2 Kodiak Island Borough Kodiak High School Art in Public Places Project Site #2 Sheila Wyne 2911 Willow Street Anchorage, AK 99517 shewyne @gmall.com 907.360.2382 • Sheila Wyne Kodiak High School Art in Public Places Project Site #2 Face to Face (#2) Concept The concept continues the theme of extreme close-up of a Grizzly Bear's upper head. The fur, hair and eye details are again highlighted in a reticulated design. In this case, the design is flipped —what is aluminum in site #3, is now a void. What is concrete in site #3 is now 1/2" aluminum plate. The reticulation allows for an interconnected network of positive and negative shapes that come into clarity with the viewer's distance from the piece. The voids allow for the color of the yellow wall to interact with the design. The reticulated network design also allows for potential shadow play on the entry wall. The image is over scaled. It is of architectural scale to respond to: Interiors and viewing ranges a The large personas of both the animal and high school students The concept of Face to Face is expanded in its meaning by placing the reverse image at Site #3. Physical Description '1/2" aluminum plate is cut by water jet. The surface of the aluminum is brushed. The piece is approximately 10 feet tall by 12 feet wide. Final height dimensions will be coordinated with onsite measurements. Distance from the yellow wall will also have a final determination with the jury and architectural team. High velocity water cuts the 'h" aluminum plate following a computer design. There is no heat with this process, so there is no distortion, nor discoloration to the 1/2' plate. All cuts are clean, accurate with a smooth finish. With this method, there are no sharp edges. The piece has a right angle piece that runs the length of the piece at the bottom and the top. The piece is mounted to the floor and the ceiling. Thank you for your time and consideration. PERCENT FOR ART PROJECT PROPOSAL BUDGET Kodiak Island Borough - KHS AIPP ARTIST NAME(s) Sheila Wvne SITE: #2 Materials and Supplies 15% $ 6,800.00 Artist Fee 18% $ 8,000.00 Assistant(s)Nendor(s) Fees 7% $ 3,000.00 Studio Cost or Rental (include utilities) 4% $ 1,500.00 Production and/or Fabrication 26% $12,000.00 Insurance on work until Installation (in studio, during shipping, and at site) 1.5% $ 600.00 Tools and Equipment: Purchase .5% $ 300.00 Rental 1.5% $ 600.00 Depreciation $ NA Travel .5% $ 300.00 Lodging 1% $ 400.00 Crating/Shipping 9% $ 4,000.00 Pre-Installation/Site Preparation 2% $ 800.00 Installation 9% $ 4,000.00 Photographic Documentation Costs (required by contract) 1.5% $ 600.00 Identification Signage/Plaque(s) $ 200.00 Lighting $ NA Electrical Components Integral to the Work $ NA Engineer Fees 2% $ 900.00 Designer Fees $ NA Contingency 4% $ 2,000.00 TOTAL $46,000.00 Sheila Wyne Kodiak High School Art in Public Places Project Site #2 Face to Face Timeline Months 1 ,2 design modifications / computer modeling Month 3 fabrication Month 4 crating/shipping Month 5 installation c Timeline starts with a signed contract Sheila Wyne Kodiak High School Art in Public Places Project References Jocelyn Young Curator of Public Art Municipality of Anchorage MOA Public Works Department PO Box 96650 Anchorage, AK 99519-8850 907.343.6473 YoungJH @ci.anchorage.ak.us Sarah Lewis, AIA City and Borough of Juneau Architecture Division Juneau, AK 907.586.0871 Sarah_Lewis@ci.juneau.ak.us Glen Fuglestad Anchorage International Airport Terminal Project Manager 907.266.2588 glen.fuglestad@alaska.gov ARTWORK PROCUREMENT Agreement No: KIB Project No:10021 AGREEMENT Project Title: KHS ADDITION & RENOVATION To this Agreement between KODIAK ISLAND BOROUGH hereafter the CONTRACTING AGENCY, and Sheila Wyne dba Sheila Wyne Studios hereafter the ARTIST(Artist), effective on the last date executed by its parties, in consideration of the terms, conditions and promises of Articles 1 through 7 in this document, the parties hereby agree. ARTIST Signature: Signature: Name: Sheila Wyne Date Name: Date Title: Title: CONTRACTING AGENCY Contract Manager Contracting Officer Signature: Signature: Name: Jessica Wolfe Date Name: Charles E. Cassidy, Jr. Date Title: Project Manager Title: Borough Manager ARTICLE 1 -PURPOSE 1.1 Procurement of a professionally designed, constructed, and installed Interior Work of Art; Site 3, Aluminum Plate image cast into cascading stair, Phase 4. (Cascading Commons) ARTICLE 2 -COMPENSATION 2.1 The fixed price payable under this Agreement shall be: Thirty Three Thousand and Five Hundred Dollars. ($33,500.00) USD 2.2 The CONTRACTING AGENCY will make progress payments to the ARTIST, upon receipt of acceptable invoices for services and any supporting documentation requested by the Project Manager, in accordance with the following schedule [note: percentages may only be adjusted from this standard via specific language in Article 8 on a contract-by- contract basis prior to execution]: a. 10% upon execution of contract b. 10% upon acceptance of final design, dimensions and proposed placement of artwork on the site, engineering and installation plans. c. 20% upon receipt of materials by ARTIST d. 20%upon completion of water jet process to the satisfaction of Contract Manager. e. 40%upon completion of installation according to the installation plans and to the satisfaction of the Contract Manager. 2.3 The CONTRACTING AGENCY will make final payment to the ARTIST following approval of completion of all Work. Total payment of all Material Suppliers and Subcontractors and satisfactory compliance with Article Al 5-Taxes, are conditions precedent to final payment. Liens or other claims relating to the Project may be withheld from final payment if written notice is first given to the ARTIST. Acceptance of the final payment will constitute the ARTIST's waiver of future claims. Artwork Agreement (January 2011)Agreement Page 1 of 2 ARTICLE 3-PERIOD OF PERFORMANCE 3.1 ARTIST shall commence services under this Agreement as authorized by written Notice(s) to Proceed and shall complete the services in accordance with any time schedule required by Appendices. This Agreement is of no force or effect until executed by the ARTIST and the CONTRACTING AGENCY and no services shall be undertaken or performed until a Notice to Proceed is issued. 3.2 The Period of Performance under this Agreement shall end: September 6, 2015(At final completion of Area B) ARTICLE 4—APPENDICES 4.1 The following Appendices are attached to this document and incorporated herein: Appendix Title Date Prepared No. Pages A General Conditions July, 2013 7 B Supplementary Conditions July, 2013 2 ARTICLE 5-CONTRACTING AGENCY DATA Office Address Street: 711 Mill Bay Road Appeals Officer: PO Box: City, State, Zip: Kodiak,AK 99615 Authorization: Phone-Voice: 486-9210 Phone-FAX: 486-9347 Funding Source: ARTICLE 6-ARTIST DATA Manager: Sheila Wine Alaska Business License No.: Title: Federal Tax Identification No.: 336-58-1293 Office Address Type of Firm Street: 2911 Willow Street ❑ Individual ❑ Partnership PO Box: City, State, Zip: Anchorage,AK 99517 ❑ Corporation in state of: Alaska Phone-Voice: 907.360.2382 email: shewyne @gmail.com ❑ Other(specify): ARTICLE 7 -SUBCONTRACTORS 7.1 ARTIST shall perform all services required under this Agreement except as may be performed by the Subcontractors listed below. Type of Service Subcontractor Artwork Agreement (January 2011)Agreement Page 2 of 2 GENERALCONDITIONS APPENDIX A INDEX A1.8 ARTIST - The firm (person or any business combination) who executes this Agreement and provides Article Number and Title services. Al Definitions A1.9 ARTIST's Manager - The ARTIST's A2 Occupational Safety and Health representative in responsible charge of the work, directly A3 Changes answerable for the required services, and the A4 Audits and Records CONTRACTING AGENCY's primary point of contact A5 CONTRACTING AGENCY Inspections with the ARTIST. A6 Termination or Suspension A7 Officials Not to Benefit A1.10 Notice to Proceed (NTP' - Written authorization AS Independent CONTRACTOR from the CONTRACTING AGENCY to the ARTIST to A9 Proselytizing provide all or specified services in accordance with an Al 0 Precedence of Documents existing Agreement. All Ownership of Work of Art Alt Subcontractors Successors and Assigns A1.11 Contract Manager - CONTRACTING AGENCY's A13 Claims and Disputes representative and the ARTIST's primary point of contact A14 Extent of Agreement with the CONTRACTING AGENCY. A15 Taxes Al6 Governing Law A1.12 Summary of Work= Services and work products required of the ARTIST by this Agreement. ARTICLE Al DEFINITIONS A1.13 Subcontractor — A person or firm engaged to provide a portion of the Summary of Work by A1.1 Additional or Extra Services - Services, work subcontract with the ARTIST (does not include products or actions required of the ARTIST above and employees of the ARTIST). beyond provisions of the Agreement. ARTICLE A2 A1.2 Amendment - A written change to this OCCUPATIONAL SAFETY AND HEALTH Agreement. A2.1 The ARTIST and its Subcontractors shall observe A1.3 Appeals Officer - The designated individual or a and comply with the Federal Occupational Safety and duly appointed successor whose decisions constitute the Health act of 1970 and with all safety and health exhaustion of contractual and administrative alternatives standards promulgated by the Secretary of Labor under for resolution of Claims and disputes. authority thereof and with all State of Alaska Occupational Safety and Health Laws and regulations. A1.4 KIB — The Kodiak Island Borough. A designated representative of this agency will be the Contract ARTICLE A3 Manager, administering this Agreement and ensuring CHANGES the production of a quality Work of Art by the Artist. A3.1 Changes (including "Supplemental Agreements") A1.5 Change - A revision in services, complexity, in the period of performance, general conditions, character, or duration of the services or provisions of this statement of services, or other provisions established by Agreement. this Agreement may be made by written Amendment only. If such changes cause an increase or a decrease A1.6 Commencement — Artist has completed the final in the ARTIST's cost, an equitable adjustment shall be design and demonstrates that materials required for made and specified in the Amendment. The ARTIST production of the Work of Art have been ordered shall not perform any additional or extra services prior to (materials do not have to have actually been paid for). receiving a fully executed copy of an Amendment and a Notice to Proceed, except as the ARTIST may be A1.7 Contracting Officer - The individual or a duly directed under the provisions of Article Al 3 - Claims and appointed successor designated as the official Disputes. representative to administer contracts for the CONTRACTING AGENCY. A3.2 If at any time the CONTRACTING AGENCY through its authorized representatives, either verbally or in writing, requests or issues instructions for Additional or Extra Services or otherwise directs actions which ArtworkAgreement (January 2011) Appendix A,General Conditions Page 1 of 7 conflict with any provision of this Agreement, the ARTICLE A6 ARTIST shall, within 30 days of receipt and prior to TERMINATION OR SUSPENSION pursuing such instructions, so notify the CONTRACTING AGENCY in writing, and to the extent possible, describe A6.1 This Agreement may be terminated by either the services and estimated cost of any Additional or party upon 10 days written notice if the other party fails Extra Services. The CONTRACTING AGENCY will then substantially to perform in accordance with its terms evaluate and, if appropriate, negotiate an Amendment. through no fault of the party initiating the termination Unless so notified by the ARTIST, the CONTRACTING (default termination). If the CONTRACTING AGENCY AGENCY may assume such instructions have not terminates this Agreement, the CONTRACTING changed any provisions of this Agreement nor require AGENCY will pay the ARTIST a sum equal to the additional compensation. No additional payments shall percentage of work completed that can be substantiated be made to the ARTIST without such notice. in whole or in part either by the ARTIST to the satisfaction of the CONTRACTING AGENCY or by the ARTICLE A4 CONTRACTING AGENCY. If the CONTRACTING AUDITS AND RECORDS AGENCY becomes aware of any non-conformance with this Agreement by the ARTIST, the CONTRACTING A4.1 The ARTIST shall maintain records of AGENCY will give prompt written notice thereof to the performances, communications, documents, ARTIST. Should the ARTIST's services remain in non- correspondence and costs pertinent to this Agreement conformance, the percentage of total compensation and the CONTRACTING AGENCY's authorized attributable to the nonconforming work may be withheld. representatives shall have the right to examine such records and accounting procedures and practices. A6.2 The CONTRACTING AGENCY may at any time terminate (convenience termination) or suspend this A4.2 The CONTRACTING AGENCY's authorized Agreement for its needs or convenience. In the event of representatives shall have the right to examine all books, a convenience termination, or suspension for more than records, documents and other data of the ARTIST 3 months, the ARTIST will be compensated for related to the negotiation, pricing and performance of authorized services and authorized expenditures this Agreement and any modification or change for the performed to the date of receipt of written notice of purpose of evaluating the accuracy, completeness and termination or suspension plus reasonable expenses. No currency of the data submitted. The right of examination fee or other compensation for the uncompleted portion of shall extend to all documents necessary to permit the services will be paid except for already incurred adequate evaluation of the data, computations and indirect costs which the ARTIST can establish and which projections used. would have been compensated for over the life of this Agreement, but because of the termination or A4.3 The materials described in this article shall be suspension would have to be absorbed by the ARTIST made available at a business office of the ARTIST at all without further compensation. reasonable times for inspection, audit or reproduction, for a minimum of 3 years from the date of any resulting A6.3 In the event of termination or suspension, the final settlement. ARTIST shall deliver all work products, reports, estimates, schedules and other documents and data a. If this Agreement is completely or partially prepared pursuant to this Agreement to the terminated, records relating to the services CONTRACTING AGENCY. terminated shall be made available for a minimum of 3 years from the date of any ARTICLE A7 resulting final settlement. OFFICIALS NOT TO BENEFIT b. Records which relate to appeals under Article A7.1 No member of or delegate to Congress, United A13 - Claims and Disputes, or litigation or the States Commissioner or other officials of the Federal, settlement of Claims arising out of the State, Political subdivision or Local Government shall be performance of this Agreement shall be made admitted to any share or part of this Agreement or any available until such appeals, litigation or Claims benefit to arise therefrom. have been concluded. ARTICLE AS ARTICLE AS INDEPENDENT CONTRACTOR CONTRACTING AGENCY INSPECTIONS A8.1 The ARTIST and its agents and employees shall A5.1 The CONTRACTING AGENCY has the right to act in an independent capacity and not as officers, inspect, in the manner and at reasonable times it agents, or employees of the CONTRACTING AGENCY considers appropriate during the period of this in the performance of this Agreement. Agreement, all facilities and activities of the ARTIST as may be engaged in the performance of this Agreement. A8.2 Any and all employees of the ARTIST, while engaged in the performance of any work or services ArtworkAgreement (January 2011) Appendix A,General Conditions Page 2 of 7 required by the ARTIST under this Agreement, shall be Artist under this Contract. However, copyright of the considered employees of the ARTIST only and not of the Artwork, including its design, shall be owned by the CONTRACTING AGENCY and any and all Claims that Artist, subject to the following provisions: may or might arise under the Worker's Compensation Act on behalf of said employees, while so engaged and a. The State may display the Artwork in any place any and all Claims made by a third party as a and manner, so long as the integrity of the consequence of any negligent act or omission on the Artwork is not violated. Except for temporary part of the ARTIST's employees, while so engaged on relocations reasonably anticipated to last less any of the services to be rendered herein, shall be the than 180 days or relocations caused by sole obligation and responsibility of the ARTIST. emergencies or to protect the public from imminent harm, prior to the relocation of the A8.3 This Agreement will be declared null and void Artwork which may become necessary during should the CONTRACTING AGENCY determine that by the Artist's life, the State shall, first send notice Internal Revenue Service definitions the ARTIST is an of the relocation by registered mail to the Artist employee of the CONTRACTING AGENCY. at the most recent address of the Artist that was ARTICLE A9 recorded in the system of records established by ARTI the Register of Copyrights pursuant to 17 U.S.C. PROSELYTIZING 113(D)(3). If the relocation will result in the agrees that it will not engage on a destruction of the artwork, the notice shall A9.1 The ARTIST a g specify that the Artist shall have 95 days from full or part time basis, during the period of this the date the notice was mailed to remove the Agreement, any person or persons who are or have artwork at the Artist's sole expense. This been employed by the CONTRACTING AGENCY during paragraph does not diminish the ultimate right of the period of this Agreement or during the 90 days the State to remove and relocate, to store or immediately preceding the date of this Agreement otherwise discontinue display, or to take any except those who have been regularly retired or other action described in Para. E, below. approved in writing by the CONTRACTING AGENCY. ARTICLE A10 b. The Artist shall deliver the final model of the PRECEDENCE OF DOCUMENTS Artwork created pursuant to this Contract to the State and agrees that it will not recreate such A10.1 Components of this Agreement shall stand and drawing, models or the completed Artwork for prevail in the following order: Agreement over another person or organization. Supplemental Conditions; Supplemental Conditions over General Conditions; General c. The State may photograph or otherwise Conditions over Summary of Work; Summary of Work reproduce the Artwork for documentary or over Compensation; Compensation over any archival purposes, or for use in information appendices. publications, so long as no monetary gain is realized directly for such use A10.2 If a "Request for Proposal" (RFP) and/or a proposal are appended to this Agreement, the d. The Artist shall be entitled to retain and utilize components described in paragraph 4.11.1 shall stand copies of the drawings and models, including and prevail over the proposal and the proposal over the photographs of the Artwork, for the Artist's own RFP. exhibitions. The Artist shall further be entitled to reproduce such drawings, models and A10.3 These terms, conditions and requirements apply photographs for use in the portfolio and in books to the Contract Documents describing the Work for the and publications about the Artwork, and to Project. If any provision of these Contract Documents is exercise all other reproduction rights provided declared by a court to be illegal or in conflict with any under the United States copyright laws, except law, the validity of the remaining provisions and the as otherwise restricted by this Contract. ensuing rights and obligations of the Parties to the contract shall not be affected. e. The Artist is aware of the waiveable rights of artists as authors of works of visual arts as set ARTICLE All forth in the Visual Artists' Rights Act of 1990, as OWNERSHIP OF WORK OF ART amended, and as codified in Title 17 of the United States Code (Visual Rights Act). To the A11.1 As of Final Acceptance, the State shall own the extent the Artwork would otherwise be protected Artwork, together with all drawings and models of the by the Visual Artists' Rights Act and the Artist Artwork, created by the Artist pursuant to this Contract. would otherwise be entitled to protection Prior to Final Acceptance, the State shall have, at its thereunder, the Artist expressly waives any and option, that percentage ownership interest in the artwork, all rights arising under the Visual Artists' Rights and in all materials, designs and efforts under this Act, except as otherwise stated in this contract, Contract, equivalent to that percentage of their fair market value that the State has at any time paid to the ArtworkAgreement (January 2011) Appendix A,General Conditions Page 3 of that would in any way prevent the owner of the legal representatives of the CONTRACTING AGENCY facility in which the art is installed from with respect to all covenants of this Agreement. remodeling the facility in any manner suitable to the owner, except as otherwise stated in this Al2.5 The ARTIST shall include provisions appropriate provision, and waives any rights arising under to effectuate the purposes of this Agreement in all United States or Canadian federal, state or subcontracts executed to perform services under this provincial law or under the laws of any other Agreement that may exceed a cost of$25,000. country that conveys rights of the same nature as those conveyed under the Visual Artists' ARTICLE A13 Rights Act or any other type of moral right or CLAIMS AND DISPUTES droit moral with respect to the Artwork for any and all uses in which either the attribution or the A13.1 If the ARTIST becomes aware of any act or integrity right may be implicated including, occurrence that may form the basis of a Claim by the without limitation, the removal, relocation, ARTIST for additional compensation or an extension of destruction, distortion, mutilation or other time for performance, or if any dispute arises regarding a modification of all or any portion of the Artwork question of fact or interpretation of this Agreement, the as deemed necessary or desirable by the State, ARTIST shall immediately inform the Contract Manager. except as otherwise stated in this contract. If the matter cannot be resolved within 7 days, the ARTIST shall, within the next 14 days, submit its "Intent f. The Artist does not waive rights arising under to Claim"in writing to the Contract Manager. the Visual Artists' Rights Act should the owner of the facility seek to remove the Artwork due to A13.2 If the ARTIST believes additional compensation political controversy over the aesthetics of, is warranted, the ARTIST shall immediately begin to content of, or views perceived to be expressed keep and maintain complete, accurate and specific daily by the Artwork. records concerning every detail of the potential Claim including actual costs incurred. The ARTIST shall give g. The Artist expressly recognizes and the CONTRACTING AGENCY access to any such acknowledges that the construction and nature record and, when so requested, shall forthwith furnish of the Artwork may subject the Artwork to the CONTRACTING AGENCY copies thereof. destruction, distortion, mutilation or other Equipment costs shall be based on the ARTIST's modification by reason of removal or relocation internal rates for ownership, depreciation, and operating of all or any portion of the Artwork or by expenses and not on published rental rates. destruction of or modification to the building in which it is installed. In such case, as described A13.3 The Claim, if not resolved, shall be presented to in this provision, the Artwork shall no longer be the Contract Manager, in w ling, within 60 days represented to be the work of the Artist without following receipt of the "Intent to Claim". The Contract the written consent of the Artist. Manager will acknowledge receipt of the Claim in writing. A13.4 The ARTIST agrees that unless these written ARTICLE Al2 notices are provided, the ARTIST will have no SUBCONTRACTORS, SUCCESSORS AND ASSIGNS entitlement to additional time or compensation for such act, event or condition. The ARTIST shall in any case Al2.1 The CONTRACTING AGENCY must concur in continue diligent performance under this Agreement. the selection of any person or firm that may be engaged in performance of this Agreement to provide negotiable A13.5 The Claim shall specifically include the following: professional or technical services, products, etc., (vs. commodity items available to the general public in stores a. The act, event or condition giving rise to the at market prices). Claim; Al2.2 If this Agreement includes named firms or b. The provisions of the Agreement which apply to individuals, then such firms or individuals shall be the Claim and under which relief is provided; employed for the designated services, unless the Agreement is changed by Amendments. c. The item or items of project work affected and how they are affected; and, Al2.3 The ARTIST shall not assign, sublet or transfer any interest in this Agreement without the prior written d. The specific relief requested, including Contract consent of the CONTRACTING AGENCY. Time if applicable, and the basis upon which it was calculated. Al2.4 The ARTIST binds itself, its partners, its Subcontractors, assignees and legal representatives to A13.6 The Claim, in order to be valid, must not only this Agreement and to the successors, assignees and show that the ARTIST suffered damages or delay but that those conditions were actually a result of the act, ArtworkAgreement (January 2011) Appendix A.General Conditions Page 4 of 7 event or condition complained of and that the Agreement A14.3 This Agreement may be changed only by written provides entitlement to relief to the ARTIST for such act, Amendment executed by both the CONTRACTING event, or condition. AGENCY and the ARTIST. A13.7 The Contract Manager reserves the right to make A14.4 All communications that affect this Agreement written requests to the ARTIST at any time for additional must be made or confirmed in writing and must be sent information that the ARTIST may possess relative to the to the addresses designated in this Agreement. Claim. The ARTIST agrees to provide the Contract Manager such additional information within 30 days of A14.5 The ARTIST on receiving final payment will receipt of such a request. Failure to furnish such execute a release, if required, in full of all Claims against additional information may be regarded as a waiver of the CONTRACTING AGENCY arising out of or by the Claim. reason of the services and work products furnished and under this Agreement. A13.8 If the Claim is not resolved by Agreement within 60 days of its receipt, the Contract Manager will issue a ARTICLE A15 written decision to the ARTIST. The ARTIST may appeal TAXES the Contract Manager's decision within 30 days to the Contracting Officer. Any appeal must be in writing and A15.1 As a condition of performance of this Agreement, must list the specific exceptions to the Contract the ARTIST shall pay all Federal, State and Local taxes Manager's decision including specific provisions of the incurred by the ARTIST and shall require their payment Agreement which the ARTIST intends to rely upon in his by any Subcontractor or any other persons in the appeal. performance of this Agreement. A13.9 The ARTIST shall certify that the Claim is made ARTICLE A16 GOVERNING LAW in good faith, that the supporting cost and pricing data are accurate and complete to the best of the ARTIST's A16.1 This Agreement is governed by the laws of the knowledge and belief, and that the amount requested State of Alaska and Federal and Local Laws and accurately reflects the adjustment to the Agreement for Ordinances applicable to the work performed. The which the ARTIST believes the CONTRACTING ARTIST shall be cognizant and shall at all times observe AGENCY is liable. and comply with such laws which in any manner affect those engaged or employed in the performance, or A13.10 The ARTIST will be furnished a written signed which in any way affects the manner of performance, of copy of the Contracting Officer's decision within 90 days, this Agreement. unless the Contracting Officer requests additional information. The Contracting Officer's decision is final A16.2 The ARTIST must comply with all applicable and conclusive unless fraudulent as to the Claim or laws, regulations, codes, ordinances and written unless, within 14 days of receipt of the decision, the directives issued by the Procurement Officer. In ARTIST delivers a written Notice of Appeal to the addition, the ARTIST must obtain applicable licenses Appeals Officer designated on Page 8 of this and permits and provide supervision, labor, and tools. Agreement. A16.3 The Alaska Department of Labor and Workforce A13.11 Procedures for appeals via Arbitration are Development, Wage and Hour Administration, must be covered in 2 MC 16.950-989. notified in accordance with AS 36.05.010 and AS ARTICLE A14 36.5.30 if the cost of the construction exceeds EXTENT OF AGREEMENT $25,000. The ARTIST must comply with the requirements noted within the Department of Labor A14.1 This Agreement including appendices represents packet entitled"Laborers' the entire and integrated Agreement between the & Mechanics' Minimum Rates of Pay". To obtain a copy CONTRACTING AGENCY and the ARTIST and of the referenced packet, contact the Procurement supersedes all prior negotiations, representations or Agency or the Department of Labor. Agreements,written or oral. ARTICLE A17 A14.2 Nothing contained herein may be deemed to SUMMARY OF WORK create any contractual relationship between the A17.1 The ARTIST shall finalize design of the Work of CONTRACTING AGENCY and any Subcontractors or Art that was proposed in response to the State's Call for material suppliers; nor may anything contained herein be Proposals (including any necessary professional deemed to give any third party Claim or right of action engineering design work) and then obtain the necessary against the CONTRACTING AGENCY or the ARTIST materials, construct the work, deliver it to the site, and which does not otherwise exist without this Agreement. install it in its intended location within the project (comply with construction licensure requirements relevant to those portions of the installation work governed by law or ArtworkAgreement (January 2011) Appendix A,General Conditions Page 5 of 7 regulation). (Copies of both the Call and the Proposal shall be entitled to coverage to the extent of such higher are incorporated into this Agreement by reference.) limits. Certificates of insurance must be furnished to the CONTRACTING AGENCY and incorporated into this A17.2 The ARTIST shall remedy all defects in materials Agreement with copies attached to this document. or workmanship that develop within a period of one year Certificates must provide for the CONTRACTING from the date of final payment. AGENCY to receive notice of any policy cancellation or reduction per AS 21.36 Sections 210-310. Failure to A17.3 The ARTIST shall have sole responsibility for the furnish certificates of insurance or lapse of the policy is a means, methods, sequences, or procedures of material breach and grounds for termination of the construction and safety precautions related to the ARTIST's services and may preclude other Agreements Project. The ARTIST shall conduct all Work in such a between the ARTIST and the CONTRACTING manner that protects the public and State resources. AGENCY. ARTICLE A18 INDEMNIFICATION&INSURANCE A18.5 Worker's Compensation Insurance: The ARTIST shall provide and maintain, for all employees engaged in A18.1 The ARTIST shall indemnify, hold harmless, and work under this Agreement, coverage as required by AS defend the CONTRACTING AGENCY from and against 23.30.045, and; where applicable, any other statutory any claim of, or liability for negligent acts, errors or obligations including but not limited to Federal USL&H omissions of the ARTIST under this Agreement. The and Jones Act requirements. The policy(s) must waive ARTIST shall not be required to indemnify the subrogation against the State of Alaska. Worker's CONTRACTING AGENCY for a claim of, or liability for, Compensation Insurance is not required if the the independent negligence of the CONTRACTING ARTIST is an Independent Contractor, Sole AGENCY. If there is a claim of, or liability for, the joint Proprietor or Self-Employed Person having no negligent error or omission of the ARTIST and the employees in any sense of AS 23.30.045 (Artist and independent negligence of the CONTRACTING Project Manager to agree in advance and in writing). AGENCY, the indemnification and hold harmless obligation shall be apportioned on a comparative fault A18.6 Commercial General Liability Insurance: Such basis. "ARTIST' and "CONTRACTING AGENCY", as policy shall have minimum coverage limits of $300,000 used within this article, include the employees, agents combined single limit per occurrence or split limits of and other contractors who are directly responsible, $300,000 per person/$500,000 per occurrence. The respectively, to each. The term "Independent policy shall be written on an "occurrence" form and shall Negligence" is negligence other than in the not be written as a "claims-made" form unless CONTRACTING AGENCY's selection, administration, specifically reviewed and agreed to by the monitoring, or controlling of the ARTIST and in CONTRACTING AGENCY. Comprehensive or approving or accepting the ARTIST's Work. Commercial General Liability Insurance is not required if the general public and clients do not have A18.2 The ARTIST shall exercise that degree of skill, any business access to a place of business or home care and judgment commensurate with the professional office maintained by the Artist (Artist and Project standards for the services of a similar nature. When Manager to agree in advance and in writing). such standards are in dispute, a panel of three qualified impartial professionals objectively selected and A18.7 Comprehensive Automobile Liability Insurance: appointed by the Appeals Officer shall establish them. Such policy shall have minimum coverage bodily injury liability limits of $300,000 combined single limit per A18.3 The ARTIST shall correct, through re- occurrence or split limits of $300,000 per performance at its expense, any services which are person/$500,000 per occurrence. The policy shall cover deficient or defective because of the ARTISTS failure to all owned, hired and non-owned vehicles. In addition, it perform said services in accordance with professional shall have a minimum of $50,000 per occurrence standards, provided the CONTRACTING AGENCY has property damage liability limits. Comprehensive notified the ARTIST in writing within a reasonable time, Automobile Liability Insurance is not required if only not to exceed 60 days, of the discovery of any such public transportation, or a rented passenger vehicle deficiency during the performance of the services and with business use insurance, will be used to within 12 months of the date of final payment under this accomplish requirements of this Agreement (Artist Agreement. and Project Manager to agree in advance and in writing). A18.4 Without limiting the ARTIST's indemnification, it is ARTICLE A19 agreed that ARTIST shall purchase at its own expense ALASKA LICENSES/REGISTRATIONS ICLE and maintain in force at all times for the duration of this Agreement the following policies of insurance. Where A19.1 The ARTIST and all Subcontractors shall comply specific limits are shown, it is understood that they shall with the following applicable requirements of Alaska be the minimum acceptable limits. If the ARTISTS policy Statutes: contains higher limits, the CONTRACTING AGENCY ArtworkAgreement (January 2011) Appendix A,General Conditions Page 6 of 7 c. Joint Ventures, regardless of type of services a. Alaska Business License (Form 08-070 issued provided, must be licensed/registered in the under AS 43.70) at the time designated for legal name of the Joint Venture as used in this opening (i.e., receipt) of proposals as required proposal (AS 43.70.020 and 43.70.110(4)) by AS 36.30.210(e) for ARTIST; and not later than five days after a Notice of Intent to Award as required by AS 36.30.210(a) and AS [For information about licensing, Offerors may 36.30.250(a)for all Subcontractors. contact the Alaska Department of Commerce and Economic Development, Division of Occupational b. Certificate of Incorporation (Alaska firms) or Licensing at P.O. Box 110806, Juneau, AK 99811- Certificate of Authorization for Foreign Firm 0806, or at Telephone(907)465-2550. ("Out-of-State" firms). All corporations, regardless of type of services provided, must have one of the certificates (AS 10.06.218 and other sections of Title 10.06 - Alaska Corporations Code). ArtworkAgreement (January 2011) Appendix A,General Conditions Page 7 of 7 SUPPLEMENTARY CONDITIONS KIB Project No: APPENDIX B Date Prepared: 07/12/13 MODIFICATIONS TO THE GENERAL CONDITIONS BA Add the following: "Coordination of on-site activities: The ARTIST shall coordinate its on-site The following supplements modify, change, delete from, activities with the CONTRACTING AGENCY to minimize add to Appendix A - General Conditions of this Artwork disruption to the CONTRACTING AGENCY'S Procurement Agreement. Where any article of the construction contractor." General Conditions is modified, or Paragraph, Subparagraph, or Clause thereof is modified or deleted B.5 Paragraph A5.1: Replace, "it considers by these Supplementary Conditions, the unaltered appropriate" with "mutually acceptable to the ARTIST provisions of that Article, Paragraph, Subparagraph, or and the CONTRACTING AGENCY Clause shall remain in effect. B.6 Paragraph A6.1: Add the following after (default (Any deletion or modification of the General Conditions termination), "and the other party fails to procure within shall be approved "as to form" by the CONTRACTING 10 days." AGENCY's legal section, acknowledged in writing, and B.7 Paragraph A6.2: Add the following after included below.) reasonable expenses, "including storage". * * * B.8 Paragraph A6.3: Add the following, "However, Al Add KIB the CONTRACTING AGENCY cannot complete the A11.1 Replace"State"with Kodiak Island Borough (KIB) artwork without the ARTIST. And no rights shall pass to A16 16.3 Replace$2000 with $25,000 the CONTRACTING AGENCY under Article A.11." B.1 Definition A1.6: Replace, "materials required for 8.9 Paragraph A11.1: Replace paragraph with, "As production of the Work of Art have been ordered of Final Acceptance, the Kodiak Island Borough (KIB) (materials do not have to have actually been paid for)." shall own the Artwork. The Artist may donate one with" that fabricator contract has been executed." drawing and plans for archival purposes. The KIB shall only own models of the Artwork, created by the Artist 8.2 Add the following: "The ARTIST shall complete pursuant to this Contract, if separately paid for. all work required under this Agreement no later than Copyright of the Artwork, including its design, shall be August 1-14, 2015 (after substantial completion of phase owned by the Artist, subject to the following provisions:" 6 Area B." B.3 Add the following: "Schedule: The ARTIST shall B.10 Paragraph A11.1 a: Add after 113(D) (3), "unless meet the following following: coing:a"Sc. the artist has provided the CONTRACTING AGENCY with a different address." Work Schedule: 1. Installation of artwork: August 6, 2015(at B.11 Paragraph A11.1 b: Add After the ARTIST shall "at his option" substantial completion of Area B) 2. Completion of artwork: September 6, 2015 (at B.12 Paragraph A11.1 e: Replace paragraph with, final completion of Area B). "The ARTIST is aware of the waiveable rights of artists Payment Schedule: as authors of works of visual arts as set forth in the Visual Artists' Rights Act of 1990, as amended, and as a. 10% upon execution of contract codified in Title 17 of the United States Code (Visual Rights Act). To the extent the Artwork would otherwise b. 10%upon acceptance of final design, be protected by the Visual Artists' Rights Act and the dimensions and proposed placement of ARTIST would otherwise be entitled to protection artwork on the site, engineering and thereunder, the ARTIST expressly waives any and all installation plans. rights arising under the Visual Artists' Rights Act that c. 20%upon receipt of materials by would in any way prevent the owner of the facility in ARTIST which the art is installed from remodeling the facility in d. 20%upon completion of water jet any manner suitable to the owner, except as otherwise process to the satisfaction of the stated in this Agreement. Contract Manager. B.13 Paragraph A11.1: Add Section h: "Except as e. 40%upon completion of installation provided in e and g, the CONTRACTING AGENCY according to the installation plans and to agrees that it shall not intentionally alter or modify the the satisfaction of the Contract Artwork." Manager. B.14 Paragraph A11.1: Add Section is "The CONTRACTING AGENCY agrees to reasonably (January 2011) Appendix A,Supplementary Conditions Page 1 of 2 maintain the Artwork in accordance with maintenance instructions provided by the Artist and further agrees that repairs shall be made in accordance with conservation principles. The Artist shall be notified of any repair and given a reasonable opportunity to make such repairs at this option under the terms of a separate agreement." B.15 Deleted. B.16 Paragraph A16.2: Replace paragraph with, " The ARTIST must comply with all applicable laws, regulations, codes, and ordinances. The ARTIST must also comply with written directives issued by the Procurement Officer prior to commencement." B.17 Paragraph A17.1, first sentence: Delete the clause, "(including any necessary professional engineering design work)" and Replace it with the following: "(including any necessary professional engineering design work related to the ARTIST'S scope of work)" B.18 Paragraph A17.1, first sentence Delete, "obtain the necessary materials, construct the work "and Replace with, "arrange for and supervise the fabrication of the Artwork, including materials and arrange to" B.19 Paragraph A17.1, Add the following to the end of the paragraph: "The ARTIST shall design and build: the sculpture's foundation and lighting system to illuminate the Art Work. The ARTIST shall furnish and install: lighting features, conduit and wiring from a power point provided by the CONTRACTING AGENCY, transformers, and incidental electrical work. The power point will consist of power cable and conduit terminating in a junction box at a location not more than 10 feet from the east edge of the sculpture. The ARTIST shall be responsible for all other Work required under this Agreement" B.20 Paragraph A17.3, Add to the end of the paragraph, "Notwithstanding, the CONTRACTING AGENCY shall prepare the site and provide electrical power as necessary for installation." B.21 Article A17, Add Paragraph A17.4, "The ARTIST shall provide lighting for the Artwork with consultation and approval of the CONTRACTING AGENCY." B.22 Paragraph A18.1, Add to the end of the paragraph, "The CONTRACTING AGENCY shall indemnify the ARTIST to the extent permitted by law from its own independent negligence following final acceptance of the Artwork. B.23 Paragraph 18.4, Add after CONTRACTING AGENCY in the fourth sentence, "by the ARTIST'S fabricator, shipper, installer and shall name the CONTRACTING AGENCY as insured" (January 2011) Appendix A,Supplementary Conditions Page 2 of 2 Kodiak Island Borough Kodiak High School Art in Public Places Project Site #3 Sheila Wyne 2911 Willow Street Anchorage, AK 99517 shewyne®gmail com 907.360.2382 Sheila Wyne Kodiak High School Art in Public Places Project Site #3 Face to Face Concept The concept is one of extreme close-up of a Grizzly Bear's upper head. The fur, hair and eye details are highlighted in a reticulated design. The reticulation allows for an interconnected network of positive and negative shapes that come into clarity with the viewer's distance. The image is over scaled. It is of architectural scale to respond to: o Interiors and viewing ranges • The large personas of both the animal and high school students The concept of Face to Face is expanded in its meaning by placing the reverse image at Site #2. Please review the added Site 2 proposal Physical Description '/a inch aluminum plate is cut by water jet. The surface of the aluminum is brushed. Larger pieces have mounting tabs welded at their perimeters to secure each piece to the wall. Smaller pieces are first welded to aluminum screen lath, and then the lath is secured to the wall. Top coating is a vertical wall cement mix that covers all lath and mounting tabs. The concrete is flush to the top surface of the aluminum Thank you for your time and consideration. PERCENT FOR ART PROJECT PROPOSAL BUDGET Kodiak Island Borough - KHS AIPP ARTIST NM,E(s) Sheila Wvne SITE: #3 Materials and Supplies 13% $4,500.00 Artist Fee 18% $6,000.00 Assistant(s)Nendor(s) Fees 9% $3,000.00 Studio Cost or Rental (include utilities) 4% $1,500.00 Production and/or Fabrication 27% $9,000.00 Insurance on work until Installation (in studio, during shipping, and at site) 2% $ 600.00 Tools and Equipment: Purchase 1% $ 300.00 Rental 2% $ 600.00 Depreciation $ NA Travel 2% $ 600.00 Lodging 3% $ 900.00 Crating/Shipping 3% $ 900.00 Pre-Installation/Site Preparation 1% $ 300.00 Installation 9% $3,000.00 Photographic Documentation Costs(required by contract) 2% $ 600.00 Identification Signage/Plaque(s) $ 200.00 Lighting $ NA Electrical Components Integral to the Work $ NA Engineer Fees $ NA Designer Fees $ NA Contingency 4% $1,500.00 TOTAL $33,500.00 Sheila Wyne Kodiak High School Art in Public Places Project Site #3 Face to Face Timeline Months 1 ,2 design modifications / computer modeling Month 3 fabrication Month 4 crating/shipping Month 5 installation o Timeline starts with a signed contract Sheila Wyne Kodiak High School Art in Public Places Project References Jocelyn Young Curator of Public Art Municipality of Anchorage MOA Public Works Department PO Box 96650 Anchorage, AK 99519-8850 907.343.6473 YoungJH@ci.anchorage.ak.us Sarah Lewis, AIA City and Borough of Juneau Architecture Division • Juneau, AK 907.586.0871 Sarah_Lewis@ci.juneau.ak.us Glen Fuglestad Anchorage International Airport Terminal Project Manager 907.266.2588 glen.fuglestad@alaska.gov ARTWORK PROCUREMENT Agreement No: AGREEMENT KIB Project No:10021 Project Title: KHS ADDITION & RENOVATION To this Agreement between KODIAK ISLAND BOROUGH hereafter the CONTRACTING AGENCY, and Peter Busby dba Peter Busby Sculpture/Design hereafter the ARTIST(Artist), effective on the last date executed by its parties, in consideration of the terms, conditions and promises of Articles 1 through 7 in this document, the parties hereby agree. ARTIST Signature: Signature: Name: Peter Busby Date Name: Date Title: Title: CONTRACTING AGENCY Contract Manager Contracting Officer Signature: Signature: Name: Jessica Wolfe Date Name: Charles E. Cassidy, Jr. Date Title: Project Manager Title: Borough Manager ARTICLE 1 - PURPOSE 1.1 Procurement of a professionally designed, constructed, and installed hanging King Salmon sculpture in Area B, corridor 8106 ARTICLE 2 -COMPENSATION 2.1 The fixed price payable under this Agreement shall be: Ninety Five Thousand and No/100 Dollars ($95,000.00) USD. 2.2 The CONTRACTING AGENCY will make progress payments to the ARTIST, upon receipt of acceptable invoices for services and any supporting documentation requested by the Project Manager, in accordance with the following schedule [note: percentages may only be adjusted from this standard via specific language in Article 8 on a contract-by- contract basis prior to execution]: a. 10% upon execution of contract b. 10% upon acceptance of final design, dimensions and proposed placement of artwork on the site, engineering and installation plans. c. 20% upon receipt of materials by ARTIST d. 20% upon completion of fish sculptures to the satisfaction of the Contract Manager. e. 40% when artwork is installed according to an installation work plan and is accepted by the Contract Manager. 2.3 The CONTRACTING AGENCY will make final payment to the ARTIST following approval of completion of all Work. Total payment of all Material Suppliers and Subcontractors and satisfactory compliance with Article Al 5-Taxes, are conditions precedent to final payment. Liens or other claims relating to the Project may be withheld from final payment if written notice is first given to the ARTIST. Acceptance of the final payment will constitute the ARTIST's waiver of future claims. Artwork Agreement (January 2011)Agreement Page 1 of 2 ARTICLE 3-PERIOD OF PERFORMANCE 3.1 ARTIST shall commence services under this Agreement as authorized by written Notice(s) to Proceed and shall complete the services in accordance with any time schedule required by Appendices. This Agreement is of no force or effect until executed by the ARTIST and the CONTRACTING AGENCY and no services shall be undertaken or performed until a Notice to Proceed is issued. 3.2 The Period of Performance under this Agreement shall end: August 1-14, 2015.(at substantial completion of Phase 6,Area B) ARTICLE 4—APPENDICES 4.1 The following Appendices are attached to this document and incorporated herein: Appendix Title Date Prepared No. Pages A General Conditions July, 2013 7 B Supplementary Conditions July, 2013 2 ARTICLE 5-CONTRACTING AGENCY DATA Office Address Street: 711 Mill Bay Road Appeals Officer: PO Box: City, State, Zip: Kodiak, AK 99615 Authorization: Phone-Voice: 486-9210 Phone-FAX: 486-9347 Funding Source: ARTICLE 6-ARTIST DATA Manager: Peter Busby Alaska Business License No.: Title: Federal Tax Identification No.: 056-38-0327 Office Address Type of Firm Street: 108 Pritchard Road ❑ Individual ❑ Partnership PO Box: City, State, Zip: Cornwell Bridge, CT 06754 ❑ Corporation in state of: Alaska Phone-Voice: 860-672-2543 email: peter @peterbusby.com ❑ Other(specify): ARTICLE 7-SUBCONTRACTORS 7.1 ARTIST shall perform all services required under this Agreement except as may be performed by the Subcontractors listed below. Type of Service Subcontractor Artwork Agreement (January 2011)Agreement Page 2 of 2 GENERALCONDITIONS APPENDIX A lliDa A1.8 ARTIST - The firm (person or any business combination)who executes this Agreement and provides Article Number and Title services. Al Definitions A1.9 ARTIST's Manager - The ARTIST's A2 Occupational Safety and Health representative in responsible charge of the work, directly A3 Changes answerable for the required services, and the A4 Audits and Records CONTRACTING AGENCY's primary point of contact AS CONTRACTING AGENCY Inspections with the ARTIST. A6 Termination or Suspension A7 Officials Not to Benefit A1.10 Notice to Proceed (NTP) - Written authorization A8 Independent CONTRACTOR from the CONTRACTING AGENCY to the ARTIST to A9 Proselytizing provide all or specified services in accordance with an Al 0 Precedence of Documents existing Agreement. All Ownership of Work of Art Al2 Subcontractors Successors and Assigns A1.11 Contract Manager - CONTRACTING AGENCY's A13 Claims and Disputes representative and the ARTIST's primary point of contact A14 Extent of Agreement with the CONTRACTING AGENCY. A15 Taxes A16 Governing Law A1.12 Summary of Work - Services and work products required of the ARTIST by this Agreement. ARTICLE Al DEFINITIONS A1.13 Subcontractor — A person or firm engaged to provide a portion of the Summary of Work by A1.1 Additional or Extra Services - Services, work subcontract with the ARTIST (does not include products or actions required of the ARTIST above and employees of the ARTIST). beyond provisions of the Agreement. ARTICLE A2 A1.2 Amendment - A written change to this OCCUPATIONAL SAFETY AND HEALTH Agreement. A2.1 The ARTIST and its Subcontractors shall observe A1.3 Appeals Officer - The designated individual or a and comply with the Federal Occupational Safety and duly appointed successor whose decisions constitute the Health act of 1970 and with all safety and health exhaustion of contractual and administrative alternatives standards promulgated by the Secretary of Labor under for resolution of Claims and disputes. authority thereof and with all State of Alaska Occupational Safety and Health Laws and regulations. A1.4 KIB — The Kodiak Island Borough. A designated representative of this agency will be the Contract ARTICLE A3 Manager, administering this Agreement and ensuring CHANGES the production of a quality Work of Art by the Artist. A3.1 Changes (including "Supplemental Agreements") A1.5 Change -- A revision in services, complexity, in the period of performance, general conditions, character, or duration of the services or provisions of this statement of services, or other provisions established by Agreement. this Agreement may be made by written Amendment only. If such changes cause an increase or a decrease A1.6 Commencement — Artist has completed the final in the ARTIST's cost, an equitable adjustment shall be design and demonstrates that materials required for made and specified in the Amendment. The ARTIST production of the Work of Art have been ordered shall not perform any additional or extra services prior to (materials do not have to have actually been paid for). receiving a fully executed copy of an Amendment and a Notice to Proceed, except as the ARTIST may be A1.7 Contracting Officer - The individual or a duly directed under the provisions of Article Al3 - Claims and appointed successor designated as the official Disputes. representative to administer contracts for the CONTRACTING AGENCY. A3.2 If at any time the CONTRACTING AGENCY through its authorized representatives, either verbally or in writing, requests or issues instructions for Additional or Extra Services or otherwise directs actions which ArtworkAgreement (January 2011) Appendix A,General Conditions Page 1 of 7 conflict with any provision of this Agreement, the ARTICLE A6 ARTIST shall, within 30 days of receipt and prior to TERMINATION OR SUSPENSION pursuing such instructions, so notify the CONTRACTING AGENCY in writing, and to the extent possible, describe A6.1 This Agreement may be terminated by either the services and estimated cost of any Additional or party upon 10 days written notice if the other party fails Extra Services. The CONTRACTING AGENCY will then substantially to perform in accordance with its terms evaluate and, if appropriate, negotiate an Amendment. through no fault of the party initiating the termination Unless so notified by the ARTIST, the CONTRACTING (default termination). If the CONTRACTING AGENCY AGENCY may assume such instructions have not terminates this Agreement, the CONTRACTING changed any provisions of this Agreement nor require AGENCY will pay the ARTIST a sum equal to the additional compensation. No additional payments shall percentage of work completed that can be substantiated be made to the ARTIST without such notice. in whole or in part either by the ARTIST to the satisfaction of the CONTRACTING AGENCY or by the ARTICLE A4 CONTRACTING AGENCY. If the CONTRACTING AUDITS AND RECORDS AGENCY becomes aware of any non-conformance with this Agreement by the ARTIST, the CONTRACTING A4.1 The ARTIST shall maintain records of AGENCY will give prompt written notice thereof to the performances, communications, documents, ARTIST. Should the ARTIST's services remain in non- correspondence and costs pertinent to this Agreement conformance, the percentage of total compensation and the CONTRACTING AGENCY's authorized attributable to the nonconforming work may be withheld. representatives shall have the right to examine such records and accounting procedures and practices. A6.2 The CONTRACTING AGENCY may at any time terminate (convenience termination) or suspend this A4.2 The CONTRACTING AGENCY's authorized Agreement for its needs or convenience. In the event of representatives shall have the right to examine all books, a convenience termination, or suspension for more than records, documents and other data of the ARTIST 3 months, the ARTIST will be compensated for related to the negotiation, pricing and performance of authorized services and authorized expenditures this Agreement and any modification or change for the performed to the date of receipt of written notice of purpose of evaluating the accuracy, completeness and termination or suspension plus reasonable expenses. No currency of the data submitted. The right of examination fee or other compensation for the uncompleted portion of shall extend to all documents necessary to permit the services will be paid except for already incurred adequate evaluation of the data, computations and indirect costs which the ARTIST can establish and which projections used. would have been compensated for over the life of this Agreement, but because of the termination or A4.3 The materials described in this article shall be suspension would have to be absorbed by the ARTIST made available at a business office of the ARTIST at all without further compensation. reasonable times for inspection, audit or reproduction, for a minimum of 3 years from the date of any resulting A6.3 In the event of termination or suspension, the final settlement. ARTIST shall deliver all work products, reports, estimates, schedules and other documents and data a. If this Agreement is completely or partially prepared pursuant to this Agreement to the terminated, records relating to the services CONTRACTING AGENCY. terminated shall be made available for a minimum of 3 years from the date of any ARTICLE A7 resulting final settlement. OFFICIALS NOT TO BENEFIT b. Records which relate to appeals under Article A7.1 No member of or delegate to Congress, United A13 - Claims and Disputes, or litigation or the States Commissioner or other officials of the Federal, settlement of Claims arising out of the State, Political subdivision or Local Government shall be performance of this Agreement shall be made admitted to any share or part of this Agreement or any available until such appeals, litigation or Claims benefit to arise therefrom. have been concluded. ARTICLE A8 ARTICLE A5 INDEPENDENT CONTRACTOR CONTRACTING AGENCY INSPECTIONS A8.1 The ARTIST and its agents and employees shall A5.1 The CONTRACTING AGENCY has the right to act in an independent capacity and not as officers, inspect, in the manner and at reasonable times it agents, or employees of the CONTRACTING AGENCY considers appropriate during the period of this in the performance of this Agreement. Agreement, all facilities and activities of the ARTIST as may be engaged in the performance of this Agreement. A8.2 Any and all employees of the ARTIST, while engaged in the performance of any work or services ArhvorkAgreement (January 2011) Appendix A.General Conditions Page 2 of 7 required by the ARTIST under this Agreement, shall be Artist under this Contract. However, copyright of the considered employees of the ARTIST only and not of the Artwork, including its design, shall be owned by the CONTRACTING AGENCY and any and all Claims that Artist, subject to the following provisions: may or might arise under the Worker's Compensation Act on behalf of said employees, while so engaged and a. The State may display the Artwork in any place any and all Claims made by a third party as a and manner, so long as the integrity of the consequence of any negligent act or omission on the Artwork is not violated. Except for temporary part of the ARTIST's employees, while so engaged on relocations reasonably anticipated to last less any of the services to be rendered herein, shall be the than 180 days or relocations caused by sole obligation and responsibility of the ARTIST. emergencies or to protect the public from imminent harm, prior to the relocation of the A8.3 This Agreement will be declared null and void Artwork which may become necessary during should the CONTRACTING AGENCY determine that by the Artist's life, the State shall, first send notice Internal Revenue Service definitions the ARTIST is an of the relocation by registered mail to the Artist employee of the CONTRACTING AGENCY. at the most recent address of the Artist that was recorded in the system of records established by ARTICLE A9 the Register of Copyrights pursuant to 17 U.S.C. PROSELYTIZING 113(D)(3). If the relocation will result in the destruction of the artwork, the notice shall A9.1 The ARTIST agrees that it will not engage on a specify that the Artist shall have 95 days from full or part time basis, during the period of this the date the notice was mailed to remove the Agreement, any person or persons who are or have artwork at the Artist's sole expense. This been employed by the CONTRACTING AGENCY during paragraph does not diminish the ultimate right of the period of this Agreement or during the 90 days the State to remove and relocate, to store or immediately preceding the date of this Agreement otherwise discontinue display, or to take any except those who have been regularly retired or other action described in Para. E, below. approved in writing by the CONTRACTING AGENCY. ARTICLE A10 b. The Artist shall deliver the final model of the PRECEDENCE OF DOCUMENTS Artwork created pursuant to this Contract to the State and agrees that it will not recreate such A10.1 Components of this Agreement shall stand and drawing, models or the completed Artwork for prevail in the following order: Agreement over another person or organization. Supplemental Conditions; Supplemental Conditions over General Conditions; General c. The State may photograph or otherwise Conditions over Summary of Work; Summary of Work reproduce the Artwork for documentary or over Compensation; Compensation over any archival purposes, or for use in information appendices. publications, so long as no monetary gain is realized directly for such use A10.2 If a "Request for Proposal" (RFP) and/or a proposal are appended to this Agreement, the d. The Artist shall be entitled to retain and utilize components described in paragraph 4.11.1 shall stand copies of the drawings and models, including and prevail over the proposal and the proposal over the photographs of the Artwork, for the Artist's own RFP. exhibitions. The Artist shall further be entitled to reproduce such drawings, models and A10.3 These terms, conditions and requirements apply photographs for use in the portfolio and in books to the Contract Documents describing the Work for the and publications about the Artwork, and to Project. If any provision of these Contract Documents is exercise all other reproduction rights provided declared by a court to be illegal or in conflict with any under the United States copyright laws, except law, the validity of the remaining provisions and the as otherwise restricted by this Contract. ensuing rights and obligations of the Parties to the contract shall not be affected. e. The Artist is aware of the waiveable rights of artists as authors of works of visual arts as set ARTICLE All forth in the Visual Artists' Rights Act of 1990, as OWNERSHIP OF WORK OF ART amended, and as codified in Title 17 of the United States Code (Visual Rights Act). To the A11.1 As of Final Acceptance, the State shall own the extent the Artwork would otherwise be protected Artwork, together with all drawings and models of the by the Visual Artists' Rights Act and the Artist Artwork, created by the Artist pursuant to this Contract. would otherwise be entitled to protection Prior to Final Acceptance, the State shall have, at its thereunder, the Artist expressly waives any and option, that percentage ownership interest in the artwork, all rights arising under the Visual Artists' Rights and in all materials, designs and efforts under this Act, except as otherwise stated in this contract, Contract, equivalent to that percentage of their fair market value that the State has at any time paid to the ArtworkAgreement (January 2011) Appendix A,General Conditions Page 3 of 7 that would in any way prevent the owner of the legal representatives of the CONTRACTING AGENCY facility in which the art is installed from with respect to all covenants of this Agreement. remodeling the facility in any manner suitable to the owner, except as otherwise stated in this Al2.5 The ARTIST shall include provisions appropriate provision, and waives any rights arising under to effectuate the purposes of this Agreement in all United States or Canadian federal, state or subcontracts executed to perform services under this provincial law or under the laws of any other Agreement that may exceed a cost of$25,000. country that conveys rights of the same nature as those conveyed under the Visual Artists' ARTICLE A13 Rights Act or any other type of moral right or CLAIMS AND DISPUTES droit moral with respect to the Artwork for any and all uses in which either the attribution or the A13.1 If the ARTIST becomes aware of any act or integrity right may be implicated including, occurrence that may form the basis of a Claim by the without limitation, the removal, relocation, ARTIST for additional compensation or an extension of destruction, distortion, mutilation or other time for performance, or if any dispute arises regarding a modification of all or any portion of the Artwork question of fact or interpretation of this Agreement, the as deemed necessary or desirable by the State, ARTIST shall immediately inform the Contract Manager. except as otherwise stated in this contract. If the matter cannot be resolved within 7 days, the ARTIST shall, within the next 14 days, submit its "Intent f. The Artist does not waive rights arising under to Claim"in writing to the Contract Manager. the Visual Artists' Rights Act should the owner of the facility seek to remove the Artwork due to A13.2 If the ARTIST believes additional compensation political controversy over the aesthetics of, is warranted, the ARTIST shall immediately begin to content of, or views perceived to be expressed keep and maintain complete, accurate and specific daily by the Artwork. records concerning every detail of the potential Claim including actual costs incurred. The ARTIST shall give g. The Artist expressly recognizes and the CONTRACTING AGENCY access to any such acknowledges that the construction and nature record and, when so requested, shall forthwith furnish of the Artwork may subject the Artwork to the CONTRACTING AGENCY copies thereof. destruction, distortion, mutilation or other Equipment costs shall be based on the ARTISTS modification by reason of removal or relocation internal rates for ownership, depreciation, and operating of all or any portion of the Artwork or by expenses and not on published rental rates. destruction of or modification to the building in A13.3 The Claim, if not resolved, shall be presented to which it is installed. In such case, as described in this provision, the Artwork shall no longer be the Contract Manager, in writing, within 60 days represented to be the work of the Artist without following receipt of the "Intent to Claim". The Contract the written consent of the Artist. Manager will acknowledge receipt of the Claim in writing. A13.4 The ARTIST agrees that unless these written ARTICLE Al2 notices are provided, the ARTIST will have no SUBCONTRACTORS, SUCCESSORS AND ASSIGNS entitlement to additional time or compensation for such act, event or condition. The ARTIST shall in any case Al2.1 The CONTRACTING AGENCY must concur in continue diligent performance under this Agreement. the selection of any person or firm that may be engaged in performance of this Agreement to provide negotiable A13.5 The Claim shall specifically include the following: professional or technical services, products, etc., (vs. commodity items available to the general public in stores a. The act, event or condition giving rise to the at market prices). Claim; Al2.2 If this Agreement includes named firms or b. The provisions of the Agreement which apply to individuals, then such firms or individuals shall be the Claim and under which relief is provided; employed for the designated services, unless the Agreement is changed by Amendments. c. The item or items of project work affected and how they are affected; and, Al2.3 The ARTIST shall not assign, sublet or transfer any interest in this Agreement without the prior written d. The specific relief requested, including Contract consent of the CONTRACTING AGENCY. Time if applicable, and the basis upon which it was calculated. Al2.4 The ARTIST binds itself, its partners, its Subcontractors, assignees and legal representatives to A13.6 The Claim, in order to be valid, must not only this Agreement and to the successors, assignees and show that the ARTIST suffered damages or delay but that those conditions were actually a result of the act, ArtworkAgreement (January 2011) Appendix A,General Conditions Page 4 of 7 event or condition complained of and that the Agreement A14.3 This Agreement may be changed only by written provides entitlement to relief to the ARTIST for such act, Amendment executed by both the CONTRACTING event, or condition. AGENCY and the ARTIST. A13.7 The Contract Manager reserves the right to make A14.4 All communications that affect this Agreement written requests to the ARTIST at any time for additional must be made or confirmed in writing and must be sent information that the ARTIST may possess relative to the to the addresses designated in this Agreement. Claim. The ARTIST agrees to provide the Contract Manager such additional information within 30 days of A14.5 The ARTIST on receiving final payment will receipt of such a request. Failure to furnish such execute a release, if required, in full of all Claims against additional information may be regarded as a waiver of the CONTRACTING AGENCY arising out of or by the Claim. reason of the services and work products furnished and under this Agreement. A13.8 If the Claim is not resolved by Agreement within 60 days of its receipt, the Contract Manager will issue a ARTICLE A15 written decision to the ARTIST. The ARTIST may appeal TAXES the Contract Manager's decision within 30 days to the Contracting Officer. Any appeal must be in writing and A15.1 As a condition of performance of this Agreement, must list the specific exceptions to the Contract the ARTIST shall pay all Federal, State and Local taxes Manager's decision including specific provisions of the incurred by the ARTIST and shall require their payment Agreement which the ARTIST intends to rely upon in his by any Subcontractor or any other persons in the appeal. performance of this Agreement. ARTICLE A16 A13.9 The ARTIST shall certify that the Claim is made GOVERNING LAW in good faith, that the supporting cost and pricing data are accurate and complete to the best of the ARTIST's A16.1 This Agreement is governed by the laws of the knowledge and belief, and that the amount requested State of Alaska and Federal and Local Laws and accurately reflects the adjustment to the Agreement for Ordinances applicable to the work performed. The which the ARTIST believes the CONTRACTING ARTIST shall be cognizant and shall at all times observe AGENCY is liable. and comply with such laws which in any manner affect those engaged or employed in the performance, or A13.10 The ARTIST will be furnished a written signed which in any way affects the manner of performance, of copy of the Contracting Officers decision within 90 days, this Agreement. unless the Contracting Officer requests additional information. The Contracting Officer's decision is final A16.2 The ARTIST must comply with all applicable and conclusive unless fraudulent as to the Claim or laws, regulations, codes, ordinances and written unless, within 14 days of receipt of the decision, the directives issued by the Procurement Officer. In ARTIST delivers a written Notice of Appeal to the addition, the ARTIST must obtain applicable licenses Appeals Officer designated on Page 8 of this and permits and provide supervision, labor, and tools. Agreement. A16.3 The Alaska Department of Labor and Workforce A13.11 Procedures for appeals via Arbitration are Development, Wage and Hour Administration, must be covered in 2 MC 16.950-989. notified in accordance with AS 36.05.010 and AS ARTICLE A14 36.5.30 if the cost of the construction exceeds EXTENT OF AGREEMENT $25,000. The ARTIST must comply with the requirements noted within the Department of Labor A14.1 This Agreement including appendices represents packet entitled"Laborers' the entire and integrated Agreement between the & Mechanics' Minimum Rates of Pay". To obtain a copy CONTRACTING AGENCY and the ARTIST and of the referenced packet, contact the Procurement supersedes all prior negotiations, representations or Agency or the Department of Labor. Agreements,written or oral. ARTICLE A17 A14.2 Nothing contained herein may be deemed to SUMMARY OF WORK create any contractual relationship between the A17.1 The ARTIST shall finalize design of the Work of CONTRACTING AGENCY and any Subcontractors or Art that was proposed in response to the State's Call for material suppliers; nor may anything contained herein be Proposals (including any necessary professional deemed to give any third party Claim or right of action engineering design work) and then obtain the necessary against the CONTRACTING AGENCY or the ARTIST materials, construct the work, deliver it to the site, and which does not otherwise exist without this Agreement. install it in its intended location within the project (comply with construction licensure requirements relevant to those portions of the installation work governed by law or ArtworkAgreement (January 2011) Appendix A,General conditions Page 5 of 7 regulation). (Copies of both the Call and the Proposal shall be entitled to coverage to the extent of such higher are incorporated into this Agreement by reference.) limits. Certificates of insurance must be furnished to the CONTRACTING AGENCY and incorporated into this A17.2 The ARTIST shall remedy all defects in materials Agreement with copies attached to this document. or workmanship that develop within a period of one year Certificates must provide for the CONTRACTING from the date of final payment. AGENCY to receive notice of any policy cancellation or reduction per AS 21.36 Sections 210-310. Failure to A17.3 The ARTIST shall have sole responsibility for the furnish certificates of insurance or lapse of the policy is a means, methods, sequences, or procedures of material breach and grounds for termination of the construction and safety precautions related to the ARTIST's services and may preclude other Agreements Project. The ARTIST shall conduct all Work in such a between the ARTIST and the CONTRACTING manner that protects the public and State resources. AGENCY. ARTICLE A18 INDEMNIFICATION &INSURANCE A18.5 Worker's Compensation Insurance: The ARTIST shall provide and maintain, for all employees engaged in A18.1 The ARTIST shall indemnify, hold harmless, and work under this Agreement, coverage as required by AS defend the CONTRACTING AGENCY from and against 23.30.045, and; where applicable, any other statutory any claim of, or liability for negligent acts, errors or obligations including but not limited to Federal USL&H omissions of the ARTIST under this Agreement. The and Jones Act requirements. The policy(s) must waive ARTIST shall not be required to indemnify the subrogation against the State of Alaska. Worker's CONTRACTING AGENCY for a claim of, or liability for, Compensation Insurance is not required if the the independent negligence of the CONTRACTING ARTIST is an Independent Contractor, Sole AGENCY. If there is a claim of, or liability for, the joint Proprietor or Self-Employed Person having no negligent error or omission of the ARTIST and the employees in any sense of AS 23.30.045 (Artist and independent negligence of the CONTRACTING Project Manager to agree in advance and in writing). AGENCY, the indemnification and hold harmless obligation shall be apportioned on a comparative fault A18.6 Commercial General Liability Insurance: Such basis. "ARTIST" and "CONTRACTING AGENCY", as policy shall have minimum coverage limits of $300,000 used within this article, include the employees, agents combined single limit per occurrence or split limits of and other contractors who are directly responsible, $300,000 per person/$500,000 per occurrence. The respectively, to each. The term "Independent policy shall be written on an "occurrence" form and shall Negligence" is negligence other than in the not be written as a "claims-made" form unless CONTRACTING AGENCY's selection, administration, specifically reviewed and agreed to by the monitoring, or controlling of the ARTIST and in CONTRACTING AGENCY. Comprehensive or approving or accepting the ARTIST's Work. Commercial General Liability Insurance is not required if the general public and clients do not have A18.2 The ARTIST shall exercise that degree of skill, any business access to a place of business or home care and judgment commensurate with the professional office maintained by the Artist (Artist and Project standards for the services of a similar nature. Wien Manager to agree in advance and in writing). such standards are in dispute, a panel of three qualified impartial professionals objectively selected and A18.7 Comprehensive Automobile Liability Insurance: appointed by the Appeals Officer shall establish them. Such policy shall have minimum coverage bodily injury liability limits of $300,000 combined single limit per A18.3 The ARTIST shall correct, through re- occurrence or split limits of $300,000 per performance at its expense, any services which are person/$500,000 per occurrence. The policy shall cover deficient or defective because of the ARTIST's failure to all owned, hired and non-owned vehicles. In addition, it perform said services in accordance with professional shall have a minimum of $50,000 per occurrence standards, provided the CONTRACTING AGENCY has property damage liability limits. Comprehensive notified the ARTIST in writing within a reasonable time, Automobile Liability Insurance is not required if only not to exceed 60 days, of the discovery of any such public transportation, or a rented passenger vehicle deficiency during the performance of the services and with business use insurance, will be used to within 12 months of the date of final payment under this accomplish requirements of this Agreement (Artist Agreement. and Project Manager to agree in advance and in writing). A18.4 Without limiting the ARTIST's indemnification, it is ARTICLE A19 agreed that ARTIST shall purchase at its own expense ALASKA LICENSES/REGISTRATIONS and maintain in force at all times for the duration of this Agreement the following policies of insurance. Where A19.1 The ARTIST and all Subcontractors shall comply specific limits are shown, it is understood that they shall with the following applicable requirements of Alaska be the minimum acceptable limits. If the ARTIST's policy Statutes: contains higher limits, the CONTRACTING AGENCY ArtworkAgreement (January 2011) Appendix A,General Conditions Page6 of 7 c. Joint Ventures, regardless of type of services a. Alaska Business License (Form 08-070 issued provided, must be licensed/registered in the under AS 43.70) at the time designated for legal name of the Joint Venture as used in this opening (i.e., receipt) of proposals as required proposal (AS 43.70.020 and 43.70.110(4)) by AS 36.30.210(e) for ARTIST; and not later than five days after a Notice of Intent to Award as required by AS 36.30.210(a) and AS [For information about licensing, Offerors may 36.30.250(a)for all Subcontractors. contact the Alaska Department of Commerce and Economic Development, Division of Occupational b. Certificate of Incorporation (Alaska firms) or Licensing at P.O. Box 110806, Juneau, AK 99811- Certificate of Authorization for Foreign Firm 0806, or at Telephone(907)465-2550. ("Out-of-State" firms). All corporations, regardless of type of services provided, must have one of the certificates (AS 10.06.218 and other sections of Title 10.06 - Alaska Corporations Code). ArtworkAgreement (January 2011) Appendix A,General Conditions Page 7 of 7 SUPPLEMENTARY CONDITIONS KIB Project No: 10021 APPENDIX B Date Prepared: 07/12/13 MODIFICATIONS TO THE GENERAL CONDITIONS B.5 Paragraph A5.1: Replace, "it considers appropriate" with "mutually acceptable to the ARTIST The following supplements modify, change, delete from, and the CONTRACTING AGENCY add to Appendix A - General Conditions of this Artwork B.6 Paragraph A6.1: Add the following after (default Procurement Agreement. Where any article of the termination), "and the other party fails to procure within General Conditions is modified, or Paragraph, 10 days." Subparagraph, or Clause thereof is modified or deleted by these Supplementary Conditions, the unaltered B.7 Paragraph A6.2: Add the following after provisions of that Article, Paragraph, Subparagraph, or reasonable expenses, "including storage". Clause shall remain in effect. B.8 Paragraph A6.3: Add the following, "However, (Any deletion or modification of the General Conditions the CONTRACTING AGENCY cannot complete the shall be approved "as to form" by the CONTRACTING artwork without the ARTIST. And no rights shall pass to AGENCY's legal section, acknowledged in writing, and the CONTRACTING AGENCY under Article A.11." included below.) B.9 Paragraph A11.1: Replace paragraph with, "As * * * of Final Acceptance, the Kodiak Island Borough (KIB) Al Add KIB shall own the Artwork. The Artist may donate one A11.1 Replace"State"with Kodiak Island Borough (KIB) drawing and plans for archival purposes. The KIB shall A16 16.3 Replace$2000 with$25,000 only own models of the Artwork, created by the Artist pursuant to this Contract, if separately paid for. B.1 Definition A1.6: Replace, "materials required for Copyright of the Artwork, including its design, shall be production of the Work of Art have been ordered owned by the Artist, subject to the following provisions:" (materials do not have to have actually been paid for)." B.10 Paragraph A11.1 a: Add after 113(D) (3), "unless with"that fabricator contract has been executed." the artist has provided the CONTRACTING AGENCY B.2 Add the following: "The ARTIST shall complete with a different address." all work required under this Agreement no later than August 1-14, 2015 (after substantial completion of phase B.11 Paragraph A11.1 b: Add After the ARTIST shall 6 Area B." "at his option" B.3 Add the following: "Schedule: The ARTIST shall B.12 Paragraph A11.1 e: Replace paragraph with, meet the following constraints. "The ARTIST is aware of the waiveable rights of artists Work Schedule: Installation of artwork:August 1-14, as authors of works of visual arts as set forth in the 2015 (After substantial completion of phase 6 Area B). Visual Artists' Rights Act of 1990, as amended, and as Payment Schedule: codified in Title 17 of the United States Code (Visual Rights Act). To the extent the Artwork would otherwise a. 10%upon execution of contract be protected by the Visual Artists' Rights Act and the ARTIST would otherwise be entitled to protection b. 10%upon acceptance of final design, dimensions and thereunder, the ARTIST expressly waives any and all proposed placement of artwork on the site, and rights arising under the Visual Artists' Rights Act that installation plans. would in any way prevent the owner of the facility in c. 20% upon receipt of materials by ARTIST which the art is installed from remodeling the facility in d. 20%upon acceptance by Contract Manager of any manner suitable to the owner, except as otherwise fabricated artwork. stated in this Agreement. e. 40%when artwork is installed according to an B.13 Paragraph A11.1: Add Section h: "Except as installation work plan and is accepted by the Contract provided in e and g, the CONTRACTING AGENCY Manager agrees that it shall not intentionally alter or modify the Artwork." B.4 Add the following: "Coordination of on-site activities: The ARTIST shall coordinate its on-site B.14 Paragraph A11.1: Add Section is "The activities with the CONTRACTING AGENCY to minimize CONTRACTING AGENCY agrees to reasonably disruption to the CONTRACTING AGENCY'S maintain the Artwork in accordance with maintenance construction contractor." instructions provided by the Artist and further agrees that repairs shall be made in accordance with conservation principles. The Artist shall be notified of any repair and (January 2011) Appendix A,Supplementary Conditions Page 1 of 2 given a reasonable opportunity to make such repairs at this option under the terms of a separate agreement." B.15 Deleted. B.16 Paragraph A16.2: Replace paragraph with, " The ARTIST must comply with all applicable laws, regulations, codes, and ordinances. The ARTIST must also comply with written directives issued by the Procurement Officer prior to commencement." B.17 Paragraph A17.1, first sentence: Delete the clause, "(including any necessary professional engineering design work)" and Replace it with the following: "(including any necessary professional engineering design work related to the ARTIST'S scope of work)" B.18 Paragraph A17.1, first sentence Delete, "obtain the necessary materials, construct the work "and Replace with, "arrange for and supervise the fabrication of the Artwork, including materials and arrange to" B.19 Paragraph A17.1, Add the following to the end of the paragraph: "The ARTIST shall design and build: the sculpture's foundation and lighting system to illuminate the Art Work. The ARTIST shall furnish and install: lighting features, conduit and wiring from a power point provided by the CONTRACTING AGENCY, transformers, and incidental electrical work. The power point will consist of power cable and conduit terminating in a junction box at a location not more than 10 feet from the east edge of the sculpture. The ARTIST shall be responsible for all other Work required under this Agreement" B.20 Paragraph A17.3, Add to the end of the paragraph, "Notwithstanding, the CONTRACTING AGENCY shall prepare the site and provide electrical power as necessary for installation." B.21 Article A17, Add Paragraph A17.4, "The ARTIST shall provide lighting for the Artwork with consultation and approval of the CONTRACTING AGENCY." B.22 Paragraph A18.1, Add to the end of the paragraph, "The CONTRACTING AGENCY shall indemnify the ARTIST to the extent permitted by law from its own independent negligence following final acceptance of the Artwork. B.23 Paragraph 18.4, Add after CONTRACTING AGENCY in the fourth sentence, "by the ARTIST'S fabricator, shipper, installer and shall name the CONTRACTING AGENCY as insured" (January 2011) Appendix A,Supplementary Conditions Page 2 of 2 v- RECEpcn w�u' S� DEC 062012 ensor 1, lT 0r :issrs. 11 Kodiak Island Borough Kodiak High School Art in Public Places Project Site #4 Peter Busby 108 Pritchard Road Cornwall Bridge, CT 06754 peter(aipeterbusby.com (860) 672-2543 • Peter Busby Sculpture/ Design Kodiak High School AIPP Site #4 Proposal 1 propose to create a school of graceful King Salmon to be centrally located in the gymnasium entrance area,just off of the Welcome Center at the new Kodiak High School.The twenty-two salmon sculptures will appear to be swimming in through the wall across from the gym doors,high above the floor, and bend around in a large arching curve before eventually disappearing back into the wall. These fish will act as a metaphor for the way the students of Kodiak pass through these same hallways on their own journey,eventually moving on to the"open sea of life". The school of King Salmon will be viewed from a multitude of angles and perspectives, but will never be viewed in their entirety from a single vantage point, leaving it to the students' imagination to envision the whole. From below, the sculptures will appear to be floating above the viewers as they twist, turn, dive,and rise, moving forward to meet the challenges waiting ahead. They will vary in size(not unlike the students), ranging from 35 to 42 inches in length individually, with the entire installation spanning approximately 34 feet. The arch created by the school of fish will swing out 16 feet from the wall they are coming out of and returning to. The school's width will vary, with the widest point at approximately 7 feet from fish to fish, side by side. On the second floor, the sculptures will be viewed over the railing that separates the corridor from the open space created by the gym entrance's high ceiling. This will create an aquatic aquarium feel within the larger"educational aquarium".The fish will be suspended between 13 and 21 feet from the ground level. They will be constructed using intricately drawn steel rods,woven together to create interplay between positive and negative space,which will allow the viewer to incorporate the surrounding environment. The ever-changing linear shadows they cast upon the walls will intrigue and hopefully inspire the students' young imaginations. Materials and Finish The individual fish will be constructed of 304 stainless steel rods ranging in diameter from 1/4 inch down to 3/32 inch.The individual rods will be shaped, bent,and welded together, one piece at a time.The finished fish will weigh between 8 and 10 pounds each. The completed fish will be sand blasted to give them a matte grey look. Then,the outer surfaces will be buffed to make them shiny;just as fish scales shimmer in the water, these sculptures will glisten in the sunlight as they sway gently in the air currents. The varied 2 texture of the surface will catch the light differently,allowing them to seem more alive. The hanging fish will be suspended on 1/8 diameter stainless steel rods. These rods will attach to 3/4 inch diameter stainless steel tubing running horizontal with and bolted to the main structural beams passing through the room. The partial fish that are diving into and out of the wall will be bolted directly to the wall. They are lightweight,but even so additional backing material may be needed in the wall to accommodate them,depending on the wall material. Timeline Present Present Proposal 2 months Planning,Design, Engineering, Final Approval 4 monthsFabricate sculptures 1 month.. Crate,Transport sculptures 1 weekInstall sculptures If awarded this commission it would be my aim to complete the artwork in calendar year 2013 and have it ready to install when the building is ready to receive it. Budget A completed budget form has been completed and is attached. Note: I have prioritized offering a maximum amount of artwork based on the budget available for this significant location. Any additional lighting will need to be supplied by others and 1 was hoping to use the onsite structural engineer. Current Projects Commission for Billingsley Company, Dallas,Texas...Due May V',2013 References Dave Kemp,P.E. Mary Daniel Chairperson Alaska Dept. of Transportation and Public Facilities Brookfield Arts Commission 2200 East 42'Ave. 48 Hop Brook Road Anchorage,AK 99516 Brookfield, CT 06804 (907)632-0811 (203)740-9290 Dave.kemp(alalaska.gov mmgadaniel @earthlink.net Patricia Romeo,Public Art Project Manager Miami-Dade County Dept. of Cultural Affairs Art in Public Places (305)375-5920 ROMEO @miamidade.gov 3 Interior Floor Plan @ Gym Fntranre . �i'` i� i ar aoa? - . i — $ /Frisci oe®i .-I �_ _ d i �4. lTy7 ' � • -® � �® % i i. ® . .a I` .rw _ I° __ CI(sa r) I`Ia �' � I' SPA I • QIID , __. I.9 S.7'6' I sV ('y(161A TAP �v 11 III""""""k I I• .421 l _ --- _ _ ____ ;r.S ___ ..Sid'• �l rp a PC°y ■ OE) 11 A 1 } tl —I `YIJK — LL IF IFSPOQ! 1 i• -_ , -- �41 g �t . WIrvL ONC !EtAAI comp cia-) ' ! mural] ,a) n _ _ _-- - r- _ d y!( � I . _Li =3 _ - _ I l r "34' u>ur 'L. 154.4 { -F4115' . •rot 1-111A I r-aN r.o Tr. 11.4 be OFIRST LEVEL PLAN-AREA B 9slr Aix -T r Lr.c---.-• . Kodiak High School AI PP Peter Busby Sculpture Gymnasium Entrance, Site #4 King Salmon Installation Site Map Kodiak High School AIPP Gymnasium Entrance, Site #4 King Salmon Installation Model Peter Busby 1 7`,' i 1' '' ®`' N. \' �, I 16' wide 1 . _ i' ?• `. tt I _,--- Ir - ' 34' long ? t� __\ 4 lc a„I • \ -,i 7L 13-21' high .` r ;( - � ,.•c�____ Model of sample fish • with shadow on wall . k / li � ALASKA STATE COUNCIL ON THE ARTS PERCENT FOR ART PERCENT FOR ART PROJECT PROPOSAL BUDGET Kodiak Island Borough—Kodiak High School ARTIST NAME(S) PETER BUSBY SITE: 4 Materials and Supplies $10,000 Artist Fee $10,000 Assistant(s)Nendor(s)Fees $7,000 Studio Cost or Rental(include utilities) $4,000 Production and/or Fabrication $40,000 Insurance on work until Installation(in studio,during shipping, $3,000 and at site) Tools and Equipment: Purchase $1,000 Rental $N/A Depreciation $1,000 Travel $2,000 Lodging $1,000 Crating/Shipping $5,000 Pre-Installation/Site Preparation $2,000 Installation $2,500 Photographic Documentation Costs(required by contract) $300 Identification Signage/Plaque(s) $200 Lighting SN/A Electrical Components Integral to the Work $N/A Engineer Fees $1,000 Designer Fees $N/A Contingency $5,000 • TOTAL $95,000 This proposal budget sheet is intended as an overview of art project expenses.Costs maybe estimated based on recent professional experience and/or research. Please do not provide copies of vendor estimates with this budget. • If commissioned for proposed artwork,artists will be asked to submit a revised working budget that may include current vendor estimates. • Please complete this budget electronically if possible. Neat handwritten copies are acceptable. • Line items can be added by selecting Table, Insert, Rows on the Microsoft Office Word toolbar. • Do not delete line items,instead use N/A if line items do not apply to your proposal. If you have questions about this budget,please e-mail andrea.noble-velant @alaska.Eov and confirm your request for information by calling 907-269-6605 or toll free in Alaska 1-888-278-7424. 2 ARTWORK PROCUREMENT Agreement No: AGREEMENT KIB Project No 10021 Project Title: KHS ADDITION & RENOVATION To this Agreement between KODIAK ISLAND BOROUGH hereafter the CONTRACTING AGENCY, and Bruce W. Nelson hereafter the ARTIST(Artist), effective on the last date executed by its parties, in consideration of the terms, conditions and promises of Articles 1 through 7 in this document, the parties hereby agree. ARTIST Signature: Signature: Name: Bruce W. Nelson Date Name: Date Title: Title: CONTRACTING AGENCY Contract Manager Contracting Officer Signature: Signature: Name: Jessica Wolfe Date Name: Charles E. Cassidy, Jr. Date Title: Project Manager Title: Borough Manager ARTICLE 1 -PURPOSE 1.1 Procurement of a professionally designed, constructed, and installed Supergraphics in main corridor, A100, Phase 6, Area B ARTICLE 2 -COMPENSATION 2.1 The fixed price payable under this Agreement shall be: Fifty Thousand and No/100 Dollars(50,000.00) USD. 2.2 The CONTRACTING AGENCY will make progress payments to the ARTIST, upon receipt of acceptable invoices for services and any supporting documentation requested by the Project Manager, in accordance with the following schedule[note: percentages may only be adjusted from this standard via specific language in Article 8 on a contract-by- contract basis prior to execution]: a. 10%upon execution of contract b. 20%upon acceptance of final design, dimensions and proposed placement of artwork on the site, engineering and installation plans. c. 30% upon receipt of materials by ARTIST d. 40% when artwork is installed according to an installation work plan and is accepted by the Contract Manager. 2.3 The CONTRACTING AGENCY will make final payment to the ARTIST following approval of completion of all Work. Total payment of all Material Suppliers and Subcontractors and satisfactory compliance with Article Al 5-Taxes, are conditions precedent to final payment. Liens or other claims relating to the Project may be withheld from final payment if written notice is first given to the ARTIST. Acceptance of the final payment will constitute the ARTIST's waiver of future claims. Artwork Agreement (January 2011)Agreement Page 1 of 2 ARTICLE 3-PERIOD OF PERFORMANCE 3.1 ARTIST shall commence services under this Agreement as authorized by written Notice(s) to Proceed and shall complete the services in accordance with any time schedule required by Appendices. This Agreement is of no force or effect until executed by the ARTIST and the CONTRACTING AGENCY and no services shall be undertaken or performed until a Notice to Proceed is issued. 3.2 The Period of Performance under this Agreement shall end: August 1-14, 2015.(at substantial completion of Phase 6, Area B) ARTICLE 4—APPENDICES 4.1 The following Appendices are attached to this document and incorporated herein: Appendix Title Date Prepared No. Pages A General Conditions July, 2013 7 B Supplementary Conditions July, 2013 2 ARTICLE 5-CONTRACTING AGENCY DATA Office Address Street: 711 Mill Bay Road Appeals Officer: PO Box: City, State, Zip: Kodiak,AK 99615 Authorization: Phone-Voice: 486-9210 Phone-FAX: 486-9347 Funding Source: ARTICLE 6-ARTIST DATA Manager: Bruce Nelson Alaska Business License No.: Title: Federal Tax Identification No.: 336-58-2420 Office Address Type of Firm Street: ❑ Individual ❑ Partnership PO Box: PO Box 3015 City, State, Zip: Kodiak,AK 99615 ❑ Corporation in state of: Alaska Phone-Voice: 907.487-2408 email: brucenelson @alaska.com ❑ Other(specify): ARTICLE 7 -SUBCONTRACTORS 7.1 ARTIST shall perform all services required under this Agreement except as may be performed by the Subcontractors listed below. Type of Service Subcontractor Artwork Agreement (January 2011)Agreement Page 2 of 2 GENERALCONDITIONS APPENDIX A INDEX A1.8 ARTIST - The firm (person or any business combination)who executes this Agreement and provides Article Number and Title services. Al Definitions A1.9 ARTISTs Manager - The ARTIST'S A2 Occupational Safety and Health representative in responsible charge of the work, directly A3 Changes answerable for the required services, and the A4 Audits and Records CONTRACTING AGENCY's primary point of contact A5 CONTRACTING AGENCY Inspections with the ARTIST. A6 Termination or Suspension A7 Officials Not to Benefit A1.10 Notice to Proceed (NTP) - Written authorization AS Independent CONTRACTOR from the CONTRACTING AGENCY to the ARTIST to A9 Proselytizing provide all or specified services in accordance with an A10 Precedence of Documents existing Agreement. All Ownership of Work of Art Al2 Subcontractors Successors and Assigns A1.11 Contract Manager - CONTRACTING AGENCY'S A13 Claims and Disputes representative and the ARTIST's primary point of contact A14 Extent of Agreement with the CONTRACTING AGENCY. A15 Taxes A16 Governing Law A1.12 Summary of Work - Services and work products required of the ARTIST by this Agreement. ARTICLE Al DEFINITIONS A1.13 Subcontractor — A person or firm engaged to provide a portion of the Summary of Work by A1.1 Additional or Extra Services - Services, work subcontract with the ARTIST (does not include products or actions required of the ARTIST above and employees of the ARTIST). beyond provisions of the Agreement. ARTICLE A2 A1.2 Amendment - A written change to this OCCUPATIONAL SAFETY AND HEALTH Agreement. A2.1 The ARTIST and its Subcontractors shall observe A1.3 Appeals Officer - The designated individual or a and comply with the Federal Occupational Safety and duly appointed successor whose decisions constitute the Health act of 1970 and with all safety and health exhaustion of contractual and administrative alternatives standards promulgated by the Secretary of Labor under for resolution of Claims and disputes. authority thereof and with all State of Alaska Occupational Safety and Health Laws and regulations. A1.4 KIB — The Kodiak Island Borough. A designated representative of this agency will be the Contract ARTICLE A3 Manager, administering this Agreement and ensuring CHANGES the production of a quality Work of Art by the Artist. A3.1 Changes (including "Supplemental Agreements") A1.5 Change - A revision in services, complexity, in the period of performance, general conditions, character, or duration of the services or provisions of this statement of services, or other provisions established by Agreement. this Agreement may be made by written Amendment only. If such changes cause an increase or a decrease A1.6 Commencement — Artist has completed the final in the ARTIST'S cost, an equitable adjustment shall be design and demonstrates that materials required for made and specified in the Amendment. The ARTIST production of the Work of Art have been ordered shall not perform any additional or extra services prior to (materials do not have to have actually been paid for). receiving a fully executed copy of an Amendment and a Notice to Proceed, except as the ARTIST may be A1.7 Contracting Officer - The individual or a duly directed under the provisions of Article A13 - Claims and appointed successor designated as the official Disputes. representative to administer contracts for the CONTRACTING AGENCY. A3.2 If at any time the CONTRACTING AGENCY through its authorized representatives, either verbally or in writing, requests or issues instructions for Additional or Extra Services or otherwise directs actions which ArlworkAgreement (January 2011) Appendix A,General Conditions Page 1 of 7 conflict with any provision of this Agreement, the ARTICLE A6 ARTIST shall, within 30 days of receipt and prior to TERMINATION OR SUSPENSION pursuing such instructions, so notify the CONTRACTING AGENCY in writing, and to the extent possible, describe A6.1 This Agreement may be terminated by either the services and estimated cost of any Additional or party upon 10 days written notice if the other party fails Extra Services. The CONTRACTING AGENCY will then substantially to perform in accordance with its terms evaluate and, if appropriate, negotiate an Amendment. through no fault of the party initiating the termination Unless so notified by the ARTIST, the CONTRACTING (default termination). If the CONTRACTING AGENCY AGENCY may assume such instructions have not terminates this Agreement, the CONTRACTING changed any provisions of this Agreement nor require AGENCY will pay the ARTIST a sum equal to the additional compensation. No additional payments shall percentage of work completed that can be substantiated be made to the ARTIST without such notice. in whole or in part either by the ARTIST to the satisfaction of the CONTRACTING AGENCY or by the ARTICLE A4 CONTRACTING AGENCY. If the CONTRACTING AUDITS AND RECORDS AGENCY becomes aware of any non-conformance with this Agreement by the ARTIST, the CONTRACTING A4.1 The ARTIST shall maintain records of AGENCY will give prompt written notice thereof to the performances, communications, documents, ARTIST. Should the ARTIST's services remain in non- correspondence and costs pertinent to this Agreement conformance, the percentage of total compensation and the CONTRACTING AGENCY's authorized attributable to the nonconforming work may be withheld. representatives shall have the right to examine such records and accounting procedures and practices. A6.2 The CONTRACTING AGENCY may at any time terminate (convenience termination) or suspend this A4.2 The CONTRACTING AGENCY's authorized Agreement for its needs or convenience, In the event of representatives shall have the right to examine all books, a convenience termination, or suspension for more than records, documents and other data of the ARTIST 3 months, the ARTIST will be compensated for related to the negotiation, pricing and performance of authorized services and authorized expenditures this Agreement and any modification or change for the performed to the date of receipt of written notice of purpose of evaluating the accuracy, completeness and termination or suspension plus reasonable expenses. No currency of the data submitted. The right of examination fee or other compensation for the uncompleted portion of shall extend to all documents necessary to permit the services will be paid except for already incurred adequate evaluation of the data, computations and indirect costs which the ARTIST can establish and which projections used. would have been compensated for over the life of this Agreement, but because of the termination or A4.3 The materials described in this article shall be suspension would have to be absorbed by the ARTIST made available at a business office of the ARTIST at all without further compensation. reasonable times for inspection, audit or reproduction, for a minimum of 3 years from the date of any resulting A6.3 In the event of termination or suspension, the final settlement. ARTIST shall deliver all work products, reports, estimates, schedules and other documents and data a. If this Agreement is completely or partially prepared pursuant to this Agreement to the terminated, records relating to the services CONTRACTING AGENCY. terminated shall be made available for a minimum of 3 years from the date of any ARTICLE A7 resulting final settlement. OFFICIALS NOT TO BENEFIT b. Records which relate to appeals under Article A7.1 No member of or delegate to Congress, United Al 3 - Claims and Disputes, or litigation or the States Commissioner or other officials of the Federal, settlement of Claims arising out of the State, Political subdivision or Local Government shall be performance of this Agreement shall be made admitted to any share or part of this Agreement or any available until such appeals, litigation or Claims benefit to arise therefrom. have been concluded. ARTICLE A8 ARTICLE A5 INDEPENDENT CONTRACTOR CONTRACTING AGENCY INSPECTIONS A8.1 The ARTIST and its agents and employees shall A5.1 The CONTRACTING AGENCY has the right to act in an independent capacity and not as officers, inspect, in the manner and at reasonable times it agents, or employees of the CONTRACTING AGENCY considers appropriate during the period of this in the performance of this Agreement. Agreement, all facilities and activities of the ARTIST as may be engaged in the performance of this Agreement. A8.2 Any and all employees of the ARTIST, while engaged in the performance of any work or services ArtworkAgreement (January 2011) Appendix A,General Conditions Page 2 of 7 required by the ARTIST under this Agreement, shall be Artist under this Contract. However, copyright of the considered employees of the ARTIST only and not of the Artwork, including its design, shall be owned by the CONTRACTING AGENCY and any and all Claims that Artist, subject to the following provisions: may or might arise under the Worker's Compensation Act on behalf of said employees, while so engaged and a. The State may display the Artwork in any place any and all Claims made by a third party as a and manner, so long as the integrity of the consequence of any negligent act or omission on the Artwork is not violated. Except for temporary part of the ARTIST's employees, while so engaged on relocations reasonably anticipated to last less any of the services to be rendered herein, shall be the than 180 days or relocations caused by sole obligation and responsibility of the ARTIST. emergencies or to protect the public from imminent harm, prior to the relocation of the A8.3 This Agreement will be declared null and void Artwork which may become necessary during should the CONTRACTING AGENCY determine that by the Artist's life, the State shall, first send notice Internal Revenue Service definitions the ARTIST is an of the relocation by registered mail to the Artist employee of the CONTRACTING AGENCY. at the most recent address of the Artist that was recorded in the system of records established by ARTICLE A9 the Register of Copyrights pursuant to 17 U.S.C. PROSELYTIZING 113(D)(3). If the relocation will result in the destruction of the artwork, the notice shall A9.1 The ARTIST agrees that it will not engage on a specify that the Artist shall have 95 days from full or part time basis, during the period of this the date the notice was mailed to remove the Agreement, any person or persons who are or have artwork at the Artist's sole expense. This been employed by the CONTRACTING AGENCY during paragraph does not diminish the ultimate right of the period of this Agreement or during the 90 days the State to remove and relocate, to store or immediately preceding the date of this Agreement otherwise discontinue display, or to take any except those who have been regularly retired or other action described in Para. E, below. approved in writing by the CONTRACTING AGENCY. ARTICLE A10 b. The Artist shall deliver the final model of the PRECEDENCE OF DOCUMENTS Artwork created pursuant to this Contract to the State and agrees that it will not recreate such A10.1 Components of this Agreement shall stand and drawing, models or the completed Artwork for prevail in the following order: Agreement over another person or organization. Supplemental Conditions; Supplemental Conditions over General Conditions; General c. The State may photograph or otherwise Conditions over Summary of Work; Summary of Work reproduce the Artwork for documentary or over Compensation; Compensation over any archival purposes, or for use in information appendices. publications, so long as no monetary gain is realized directly for such use A10.2 If a "Request for Proposal" (RFP) and/or a proposal are appended to this Agreement, the d. The Artist shall be entitled to retain and utilize components described in paragraph 4.11.1 shall stand copies of the drawings and models, including and prevail over the proposal and the proposal over the photographs of the Artwork, for the Artist's own RFP. exhibitions. The Artist shall further be entitled to reproduce such drawings, models and A10.3 These terms, conditions and requirements apply photographs for use in the portfolio and in books to the Contract Documents describing the Work for the and publications about the Artwork, and to Project. If any provision of these Contract Documents is exercise all other reproduction rights provided declared by a court to be illegal or in conflict with any under the United States copyright laws, except law, the validity of the remaining provisions and the as otherwise restricted by this Contract. ensuing rights and obligations of the Parties to the contract shall not be affected. e. The Artist is aware of the waiveable rights of artists as authors of works of visual arts as set ARTICLE All forth in the Visual Artists' Rights Act of 1990, as OWNERSHIP OF WORK OF ART amended, and as codified in Title 17 of the United States Code (Visual Rights Act). To the A11.1 As of Final Acceptance, the State shall own the extent the Artwork would otherwise be protected Artwork, together with all drawings and models of the by the Visual Artists' Rights Act and the Artist Artwork, created by the Artist pursuant to this Contract. would otherwise be entitled to protection Prior to Final Acceptance, the State shall have, at its thereunder, the Artist expressly waives any and option, that percentage ownership interest in the artwork, all rights arising under the Visual Artists' Rights and in all materials, designs and efforts under this Act, except as otherwise stated in this contract, Contract, equivalent to that percentage of their fair market value that the State has at any time paid to the ArtworkAgreement (January 2011) Appendix A,General Conditions Page 3 of 7 that would in any way prevent the owner of the legal representatives of the CONTRACTING AGENCY facility in which the art is installed from with respect to all covenants of this Agreement. remodeling the facility in any manner suitable to the owner, except as otherwise stated in this Al2.5 The ARTIST shall include provisions appropriate provision, and waives any rights arising under to effectuate the purposes of this Agreement in all United States or Canadian federal, state or subcontracts executed to perform services under this provincial law or under the laws of any other Agreement that may exceed a cost of$25,000. country that conveys rights of the same nature as those conveyed under the Visual Artists' ARTICLE A13 Rights Act or any other type of moral right or CLAIMS AND DISPUTES droit moral with respect to the Artwork for any and all uses in which either the attribution or the A13.1 If the ARTIST becomes aware of any act or integrity right may be implicated including, occurrence that may form the basis of a Claim by the without limitation, the removal, relocation, ARTIST for additional compensation or an extension of destruction, distortion, mutilation or other time for performance, or if any dispute arises regarding a modification of all or any portion of the Artwork question of fact or interpretation of this Agreement, the as deemed necessary or desirable by the State, ARTIST shall immediately inform the Contract Manager. except as otherwise stated in this contract. If the matter cannot be resolved within 7 days, the ARTIST shall, within the next 14 days, submit its "Intent f. The Artist does not waive rights arising under to Claim"in writing to the Contract Manager. the Visual Artists' Rights Act should the owner of the facility seek to remove the Artwork due to A13.2 If the ARTIST believes additional compensation political controversy over the aesthetics of, is warranted, the ARTIST shall immediately begin to content of, or views perceived to be expressed keep and maintain complete, accurate and specific daily by the Artwork. records concerning every detail of the potential Claim including actual costs incurred. The ARTIST shall give g. The Artist expressly recognizes and the CONTRACTING AGENCY access to any such acknowledges that the construction and nature record and, when so requested, shall forthwith furnish of the Artwork may subject the Artwork to the CONTRACTING AGENCY copies thereof. destruction, distortion, mutilation or other Equipment costs shall be based on the ARTIST's modification by reason of removal or relocation internal rates for ownership, depreciation, and operating of all or any portion of the Artwork or by expenses and not on published rental rates. destruction of or modification to the building in which it is Installed. In such case, as described A13.3 The Claim, if not resolved, shall be presented to in this provision, the Artwork shall no longer be the Contract Manager, in writing, within 60 days represented to be the work of the Artist without following receipt of the "Intent to Claim". The Contract the written consent of the Artist. Manager will acknowledge receipt of the Claim in writing. A13.4 The ARTIST agrees that unless these written ARTICLE Al2 notices are provided, the ARTIST will have no SUBCONTRACTORS, SUCCESSORS AND ASSIGNS entitlement to additional time or compensation for such act, event or condition. The ARTIST shall in any case Al2.1 The CONTRACTING AGENCY must concur in continue diligent performance under this Agreement. the selection of any person or firm that may be engaged in performance of this Agreement to provide negotiable A13.5 The Claim shall specifically include the following: professional or technical services, products, etc., (vs. commodity items available to the general public in stores a. The act, event or condition giving rise to the at market prices). Claim; Al2.2 If this Agreement includes named firms or b. The provisions of the Agreement which apply to individuals, then such firms or individuals shall be the Claim and under which relief is provided; employed for the designated services, unless the Agreement is changed by Amendments. c. The item or items of project work affected and how they are affected; and, Al2.3 The ARTIST shall not assign, sublet or transfer any interest in this Agreement without the prior written d. The specific relief requested, including Contract consent of the CONTRACTING AGENCY. Time if applicable, and the basis upon which it was calculated. Al2.4 The ARTIST binds itself, its partners, its Subcontractors, assignees and legal representatives to A13.6 The Claim, in order to be valid, must not only this Agreement and to the successors, assignees and show that the ARTIST suffered damages or delay but that those conditions were actually a result of the act, ArtworkAgreement (January 2011) Appendix A,General Conditions Page 4 of 7 event or condition complained of and that the Agreement A14.3 This Agreement may be changed only by written provides entitlement to relief to the ARTIST for such act, Amendment executed by both the CONTRACTING event, or condition. AGENCY and the ARTIST. A13.7 The Contract Manager reserves the right to make A14.4 All communications that affect this Agreement written requests to the ARTIST at any time for additional must be made or confirmed in writing and must be sent information that the ARTIST may possess relative to the to the addresses designated in this Agreement. Claim. The ARTIST agrees to provide the Contract Manager such additional information within 30 days of A14.5 The ARTIST on receiving final payment will receipt of such a request. Failure to furnish such execute a release, if required, in full of all Claims against additional information may be regarded as a waiver of the CONTRACTING AGENCY arising out of or by the Claim. reason of the services and work products furnished and under this Agreement. A13.8 If the Claim is not resolved by Agreement within 60 days of its receipt, the Contract Manager will issue a ARTICLE A15 written decision to the ARTIST. The ARTIST may appeal TAXES the Contract Manager's decision within 30 days to the Contracting Officer. Any appeal must be in writing and A15.1 As a condition of performance of this Agreement, must list the specific exceptions to the Contract the ARTIST shall pay all Federal, State and Local taxes Manager's decision including specific provisions of the incurred by the ARTIST and shall require their payment Agreement which the ARTIST intends to rely upon in his by any Subcontractor or any other persons in the appeal. performance of this Agreement. ARTICLE A16 A13.9 The ARTIST shall certify that the Claim is made GOVERNING LAW in good faith, that the supporting cost and pricing data are accurate and complete to the best of the ARTIST's A16.1 This Agreement is governed by the laws of the knowledge and belief, and that the amount requested State of Alaska and Federal and Local Laws and accurately reflects the adjustment to the Agreement for Ordinances applicable to the work performed. The which the ARTIST believes the CONTRACTING ARTIST shall be cognizant and shall at all times observe AGENCY is liable. and comply with such laws which in any manner affect those engaged or employed in the performance, or A13.10 The ARTIST will be furnished a written signed which in any way affects the manner of performance, of copy of the Contracting Officer's decision within 90 days, this Agreement. unless the Contracting Officer requests additional information. The Contracting Officer's decision is final A16.2 The ARTIST must comply with all applicable and conclusive unless fraudulent as to the Claim or laws, regulations, codes, ordinances and written unless, within 14 days of receipt of the decision, the directives issued by the Procurement Officer. In ARTIST delivers a written Notice of Appeal to the addition, the ARTIST must obtain applicable licenses Appeals Officer designated on Page 8 of this and permits and provide supervision, labor, and tools. Agreement. A16.3 The Alaska Department of Labor and Workforce A13.11 Procedures for appeals via Arbitration are Development, Wage and Hour Administration, must be covered in 2 AAC 16.950-989. notified in accordance with AS 36.05.010 and AS ARTICLE A14 36.5.30 if the cost of the construction exceeds EXTENT OF AGREEMENT $25,000. The ARTIST must comply with the requirements noted within the Department of Labor A14.1 This Agreement including appendices represents packet entitled "Laborers' the entire and integrated Agreement between the & Mechanics' Minimum Rates of Pay". To obtain a copy CONTRACTING AGENCY and the ARTIST and of the referenced packet, contact the Procurement supersedes all prior negotiations, representations or Agency or the Department of Labor. Agreements,written or oral. ARTICLE A17 A14.2 Nothing contained herein may be deemed to SUMMARY OF WORK create any contractual relationship between the A17.1 The ARTIST shall finalize design of the Work of CONTRACTING AGENCY and any Subcontractors or Art that was proposed in response to the State's Call for material suppliers; nor may anything contained herein be Proposals (including any necessary professional deemed to give any third party Claim or right of action engineering design work) and then obtain the necessary against the CONTRACTING AGENCY or the ARTIST materials, construct the work, deliver it to the site, and which does not otherwise exist without this Agreement. install it in its intended location within the project (comply with construction licensure requirements relevant to those portions of the installation work governed by law or ArtworkAgreement (January 2011) Appendix A,General Conditions Page 5 of 7 regulation). (Copies of both the Call and the Proposal shall be entitled to coverage to the extent of such higher are incorporated into this Agreement by reference.) limits. Certificates of insurance must be furnished to the CONTRACTING AGENCY and incorporated into this A17.2 The ARTIST shall remedy all defects in materials Agreement with copies attached to this document. or workmanship that develop within a period of one year Certificates must provide for the CONTRACTING from the date of final payment. AGENCY to receive notice of any policy cancellation or reduction per AS 21.36 Sections 210-310. Failure to A17.3 The ARTIST shall have sole responsibility for the furnish certificates of insurance or lapse of the policy is a means, methods, sequences, or procedures of material breach and grounds for termination of the construction and safety precautions related to the ARTIST's services and may preclude other Agreements Project. The ARTIST shall conduct all Work in such a between the ARTIST and the CONTRACTING manner that protects the public and State resources. AGENCY. ARTICLE A18 INDEMNIFICATION &INSURANCE A18.5 Workers Compensation Insurance: The ARTIST shall provide and maintain, for all employees engaged in A18.1 The ARTIST shall indemnify, hold harmless, and work under this Agreement, coverage as required by AS defend the CONTRACTING AGENCY from and against 23.30.045, and; where applicable, any other statutory any claim of, or liability for negligent acts, errors or obligations including but not limited to Federal USL&H omissions of the ARTIST under this Agreement. The and Jones Act requirements. The policy(s) must waive ARTIST shall not be required to indemnify the subrogation against the State of Alaska. Worker's CONTRACTING AGENCY for a claim of, or liability for, Compensation Insurance is not required if the the independent negligence of the CONTRACTING ARTIST is an Independent Contractor, Sole AGENCY. If there is a claim of, or liability for, the joint Proprietor or Self-Employed Person having no negligent error or omission of the ARTIST and the employees in any sense of AS 23.30.045 (Artist and independent negligence of the CONTRACTING Project Manager to agree in advance and in writing). AGENCY, the indemnification and hold harmless obligation shall be apportioned on a comparative fault A18.6 Commercial General Liability Insurance: Such basis. "ARTIST' and "CONTRACTING AGENCY", as policy shall have minimum coverage limits of $300,000 used within this article, include the employees, agents combined single limit per occurrence or split limits of and other contractors who are directly responsible, $300,000 per person/$500,000 per occurrence. The respectively, to each. The term "Independent policy shall be written on an "occurrence" form and shall Negligence" is negligence other than in the not be written as a "claims-made" form unless CONTRACTING AGENCY's selection, administration, specifically reviewed and agreed to by the monitoring, or controlling of the ARTIST and in CONTRACTING AGENCY. Comprehensive or approving or accepting the ARTIST's Work. Commercial General Liability Insurance is not required if the general public and clients do not have A18.2 The ARTIST shall exercise that degree of skill, any business access to a place of business or home care and judgment commensurate with the professional office maintained by the Artist (Artist and Project standards for the services of a similar nature. When Manager to agree in advance and in writing). such standards are in dispute, a panel of three qualified impartial professionals objectively selected and A18.7 Comprehensive Automobile Liability Insurance: appointed by the Appeals Officer shall establish them. Such policy shall have minimum coverage bodily injury liability limits of $300,000 combined single limit per A18.3 The ARTIST shall correct, through re- occurrence or split limits of $300,000 per performance at its expense, any services which are person/$500,000 per occurrence. The policy shall cover deficient or defective because of the ARTIST's failure to all owned, hired and non-owned vehicles. In addition, it perform said services in accordance with professional shall have a minimum of $50,000 per occurrence standards, provided the CONTRACTING AGENCY has property damage liability limits. Comprehensive notified the ARTIST in writing within a reasonable time, Automobile Liability Insurance is not required if only not to exceed 60 days, of the discovery of any such public transportation, or a rented passenger vehicle deficiency during the performance of the services and with business use insurance, will be used to within 12 months of the date of final payment under this accomplish requirements of this Agreement (Artist Agreement. and Project Manager to agree in advance and in writing). A18.4 Without limiting the ARTIST's indemnification, it is ARTICLE A19 agreed that ARTIST shall purchase at its own expense ALASKA LICENSES/REGISTRATIONS and maintain in force at all times for the duration of this Agreement the following policies of insurance. Where A19.1 The ARTIST and all Subcontractors shall comply specific limits are shown, it is understood that they shall with the following applicable requirements of Alaska be the minimum acceptable limits. If the ARTISTS policy Statutes: contains higher limits, the CONTRACTING AGENCY ArtworkAgreement (January 2011) Appendix A,General Conditions Page 6 of 7 c. Joint Ventures, regardless of type of services a. Alaska Business License (Form 08-070 issued provided, must be licensed/registered in the under AS 43.70) at the time designated for legal name of the Joint Venture as used in this opening (i.e., receipt) of proposals as required proposal (AS 43.70.020 and 43.70.110(4)) by AS 36.30.210(e) for ARTIST; and not later than five days after a Notice of Intent to Award as required by AS 36.30.210(a) and AS [For information about licensing, Offerors may 36.30.250(a)for all Subcontractors. contact the Alaska Department of Commerce and Economic Development, Division of Occupational b. Certificate of Incorporation (Alaska firms) or Licensing at P.O. Box 110806, Juneau, AK 99811- Certificate of Authorization for Foreign Firm 0806,or at Telephone(907)465-2550. ("Out-of-State" firms). All corporations, regardless of type of services provided, must have one of the certificates (AS 10.06.218 and other sections of Title 10.06 - Alaska Corporations Code). ArtworkAgreement (January 2011) Appendix A,General Conditions Page 7 of 7 SUPPLEMENTARY CONDITIONS KIB Project No: 10021 APPENDIX B Date Prepared: 07/12/13 MODIFICATIONS TO THE GENERAL CONDITIONS B.6 Paragraph A6.1: Add the following after (default termination), "and the other party fails to procure within The following supplements modify, change, delete from, 10 days." add to Appendix A - General Conditions of this Artwork 8.7 Paragraph A6.2: Add the following after Procurement Agreement. Where any article of the reasonable expenses, "including storage". General Conditions is modified, or Paragraph, Subparagraph, or Clause thereof is modified or deleted B.8 Paragraph A6.3: Add the following, "However, by these Supplementary Conditions, the unaltered the CONTRACTING AGENCY cannot complete the provisions of that Article, Paragraph, Subparagraph, or artwork without the ARTIST. And no rights shall pass to Clause shall remain in effect. the CONTRACTING AGENCY under Article A.11." (Any deletion or modification of the General Conditions B.9 Paragraph Al1.1. Replace paragraph with, "As shall be approved "as to form" by the CONTRACTING of Final Acceptance, the Kodiak Island Borough (KIB) AGENCY's legal section, acknowledged in writing, and shall own the Artwork. The Artist may donate one included below.) drawing and plans for archival purposes. The KIB shall * * * only own models of the Artwork, created by the Artist pursuant to this Contract, if separately paid for. Al Add KIB Copyright of the Artwork, including its design, shall be A11.1 Replace"State"with Kodiak Island Borough (KIB) owned by the Artist, subject to the following provisions:" A16 16.3 Replace$2000 with$25,000 B.10 Paragraph A11.1 a: Add after 113(D) (3), "unless B.1 Definition A1.6: Replace, "materials required for the artist has provided the CONTRACTING AGENCY production of the Work of Art have been ordered with a different address." (materials do not have to have actually been paid for)." with"that fabricator contract has been executed." B.11 Paragraph A11.1 b: Add After the ARTIST shall 8.2 Add the following: "The ARTIST shall complete "at his option" all work required under this Agreement no later than B.12 Paragraph A11.1 e: Replace paragraph with, August 1-14, 2015 (after substantial completion of phase "The ARTIST is aware of the waiveable rights of artists 6 Area B)." as authors of works of visual arts as set forth in the 8.3 Add the following: "Schedule: The ARTIST shall Visual Artists' Rights Act of 1990, as amended, and as meet the following constraints. codified in Title 17 of the United States Code (Visual Rights Act). To the extent the Artwork would otherwise Work Schedule: Installation of artwork:August 1-14, 2015 (After substantial completion of phase 6 Area B.) ARTIST IST would ld the rwisel be Rights Act and the ARTIST would otherwise be entitled to protection Payment Schedule: thereunder, the ARTIST expressly waives any and all rights arising under the Visual Artists' Rights Act that a. 10%upon execution of contract would in any way prevent the owner of the facility in b. 20%upon acceptance of final design, dimensions and which the art is installed from remodeling the facility in proposed placement of artwork on the site, and any manner suitable to the owner, except as otherwise nstallation plans. stated in this Agreement. c. 30%upon receipt of materials by ARTIST B.13 Paragraph A11.1: Add Section h: "Except as d. 40% when artwork is installed according to an provided in e and g, the CONTRACTING AGENCY installation work plan and is accepted by the Contract agrees that it shall not intentionally alter or modify the Manager. Artwork." 8.4 Add the following: "Coordination of on-site B.14 Paragraph A11.1: Add Section is "The activities: The ARTIST shall coordinate its on-site CONTRACTING AGENCY agrees to reasonably activities with the CONTRACTING AGENCY to minimize maintain the Artwork in accordance with maintenance disruption to the CONTRACTING AGENCY'S instructions provided by the Artist and further agrees that construction contractor." repairs shall be made in accordance with conservation principles. The Artist shall be notified of any repair and B.5 Paragraph A5.1: Replace, "it considers given a reasonable opportunity to make such repairs at appropriate" with "mutually acceptable to the ARTIST this option under the terms of a separate agreement." and the CONTRACTING AGENCY B.15 Deleted. (January 2011) Appendix A,Supplementary Conditions Page 1 of 2 8.16 Paragraph A16.2: Replace paragraph with, "The ARTIST must comply with all applicable laws, regulations, codes, and ordinances. The ARTIST must also comply with written directives issued by the Procurement Officer prior to commencement." B.17 Paragraph A17.1, first sentence: Delete the clause, "(including any necessary professional engineering design work)" and Replace it with the following: "(including any necessary professional engineering design work related to the ARTIST'S scope of work)" 8.18 Paragraph A17.1, first sentence Delete, "obtain the necessary materials, construct the work "and Replace with, "arrange for and supervise the fabrication of the Artwork, including materials and arrange to" B.19 Paragraph A17.1, Add the following to the end of the paragraph: "The ARTIST shall design and build: the sculpture's foundation and lighting system to illuminate the Art Work. The ARTIST shall furnish and install: lighting features, conduit and wiring from a power point provided by the CONTRACTING AGENCY, transformers, and incidental electrical work. The power point will consist of power cable and conduit terminating in a junction box at a location not more than 10 feet from the east edge of the sculpture. The ARTIST shall be responsible for all other Work required under this Agreement" B.20 Paragraph A17.3, Add to the end of the paragraph, "Notwithstanding, the CONTRACTING AGENCY shall prepare the site and provide electrical power as necessary for installation." B.21 Article A17, Add Paragraph A17.4, "The ARTIST shall provide lighting for the Artwork with consultation and approval of the CONTRACTING AGENCY." B.22 Paragraph A18.1, Add to the end of the paragraph, "The CONTRACTING AGENCY shall indemnify the ARTIST to the extent permitted by law from its own independent negligence following final acceptance of the Artwork. B.23 Paragraph 18.4, Add after CONTRACTING AGENCY in the fourth sentence, "by the ARTIST'S fabricator, shipper, installer and shall name the CONTRACTING AGENCY as insured" (January 2011) Appendix A,Supplementary Conditions Page 2 of 2 Kodiak Island Borough—Kodiak High School Art in Public Places Project Main Corridor: A Day in the Life of a Kodiak High Schooler Bruce W. Nelson PO Box 3015 Kodiak,AK 99615 Brucenelson@alaska.net 907-487-2408 Time Line: A Day in the Life of a Kodiak High Schooler Painting: 4 months Fabrication: 1 month Time to arrange technician's visit: 1 month Actual installation time: 2 days maximum A Day in the Life of a Kodiak High Schooler My proposal for the main corridor walls and columns,is to paint using oil paint on hard board (Masonite)to a proportional scale,approximately twenty percent would be approximately 57}4"x 24". Two out of the five finished murals will be 24'x 10'each. And the other three will be proportionately scaled as well. These five paintings will be taken to an Anchorage company to be scanned,enlarge,and printed as a type of mural,vinyl wall paper. As I did with the lower entrance of the Konlag Near Island building 27'x 7'mural. This mural wallpaper is easily maintained and highly durable. A file is kept so if a section is damaged,it can easily be replaced. Upon completion,a technician will install the mural to insure a professional and seamless quality. The sketches are just rough and some figures that are less than half an inch in the sketch,by the final painting could be a foot or more. So the quality of art work will be much higher and near realistic level like my other work. Each mural was drawn at maximum size in the sketch,floor to ceiling. However these can easily be adjusted to allow up to a thirty inch (bump zone)from the floor up. I would like the committee to help with the clearance dimensions. Also scenes can be changed based on the committee's wishes or ideas. Colors will have hues of blue and yellow that carry through the murals. Over all colors of each mural will differ but they will all work together as a whole. Furthermore there will be transition areas to make it work as a whole. Concerning the columns, if the committee would like them to include art from the murals, I would repeat the most interesting areas from the adjacent mural. 1 created these mural ideas to inspire creativity of the mind of the viewer. These scenes I will paint show that Kodiak is a very diverse and exciting place to live,work,and grow up. Starting from the left mural and going to the right Mural 1: A pair of day hikers are hiking up Pillar Mountain. The view shows them near the crest with the bank of our newly installed wind generators. The clouds are opening to show blue sky and the iconic peak Barometer Mountain breaking through. Mural 2: The ridge line of Pillar Mountain of Mural 1,transforms into the distant cork line of a salmon gillnet. The colors also blend from one scene to the next. Your eye moves down the cork line on the surface of a totally different perspective sea scape. You see a school of salmon hitting the net, at the same time the fishermen and fisherwoman see them. They are working their way down the net, picking out the fish. Mural 3: As the previous murals have blended, so does the large, rolling waves turn into smaller ones that merge at the break water and channel of the next mural's, with another perspective change: an anal view of the harbor and downtown area of Kodiak. A small float plane is taking in the view, heading to a distant part of the island for an unknown adventure. Mural 4: The buildings and streets blend with the wind generators, beach grass,and the shadows of distant Pillar Mountain. This scene is drawn at blue twilight, with a very flat perspective view at sea level of Chiniak Bay. Somewhere on a beach along the road system, a group of young people at a beach fire can see the glow of Kodiak's city lights,twinkling stars, and the flickering ambers of the fire escape upward. While the participants, beach grass, logs and stones, are washed in the warm glow of the fire, a shooting star appears for a frozen instance in time for a wish of the future. Mural 5: Sky ocean and beach of Mural 4, become a bank of a river. The water is at a low perspective as if you are looking up at a closeup view of the sow and her cubs at the water's edge,during bear viewing somewhere on Kodiak Island. The reality of Kodiak High School's mascot. : _ • • - • u i ALASKA STATE COUNCIL ON THE ARTS PERCENT FOR ART PERCENT FOR ART PROJECT PROPOSAL BUDGET Kodiak Island Borough-KHS AIPP �r y� ARTIST Nnrc(s) B/R ucc- LA). / c& SITE: MatV\ CorNricj v' / h Dad i tkcbfr0T"R kc,o kikk 147 Sc icvW1? Materials and Supplies $ 3 700 Artist Fee $ + 7 800 Assistant(s)Nendor(s)Fees $ C� Studio Cost or Rental(include utilities) $ 2 000 Production and/or Fabrication 42i. S4, +. $ 25, 200. Insurance on work until Installation(in studio,during shipping, $ and at site) Tools and Equipment: Purchase $ Rental $ Depreciation $ Travel $ 700. Lodging $ Crating/Shipping $ LI0D Pre-Installation/Site Preparation $ Installation $ Photographic Documentation Costs(required by contract) $ Identification Signage/Plaque(s) $200 Lighting $ Electrical Components Integral to the Work $ Engineer Fees $ Designer Fees $ Contingency $ TOTAL $ 50 OD Oa This proposal budget sheet is intended as an overview of art project expenses. Costs may be estimated based on recent professional experience and/or research. Please do not provide copies of vendor estimates with this budget. o If commissioned for proposed artwork,artists will be asked to submit a revised working budget that may include current vendor estimates. o Please complete this budget electronically if possible. Neat handwritten copies are acceptable. o Line items can be added by selecting Table, Insert, Rows on the Microsoft Office Word toolbar. o Do not delete line items, instead use N/A if line items do not apply to your proposal. If you have questions about this budget,please e-mail and confirm your request for information by calling 907-269-6605 or toll free in Alaska 1-888-278-7424. t � Bruce W.Nelson current up dates Administrative reference:Pam Foreman new job at KMXT 486-3181 I have been chosen for an art project for the Kodiak Public Library-public art procurement The schedules will not overlap. 112: . e4 Ot ° a • FiAvit-uleir, ■ 8 A j-- ‘fro . _..,- ,1,3efait e a o , I r '. S tin ♦ -`` \44� 1 0 l a c- , . e 0 N 5 T j ! Z u - 74,0 d li 1 r{ l a -: t ' ../.‘-;-'4<'-; •i 4 >) e n f. E trait �"# �F9' 4f 31 g� a �/•'�t {r. r i ). L f X' �x .'c - �. t a7 i{F �I' : , t'.. • 3� y .. • l� {v'. x A�.� i t 1. `� `t�`"{ x:, , . ". 1 7 1 - �i4't' i 4 " t" �a '^°'r„fir'" ' f w^ 4'• a ` "--,4,,,,...$4.;Rim :t .•a s,"41_1)3/4::' M .� � . i 4.tam:titv:4F 41^,i.-e, 'in '.'t ,,,,,� #T r a &. ::.4. ids .it. 1 ._.-. _ ,1,-; ° 1 o D _ e Li u ti L1 r " '.: 4 e a t= om r � c Q� r ' �- 7 •. w. i _ _ :9) /� _. ....- . ..14# I , . .1 1 i ‘. 14n42; 1 k.1.1•,;-\ (14;41 17.-1,14‘i,11.\ • \ \ \\___\.•t•.,.4" .4 7\\•Ne; - .-r-I /7...I/ ./) . A i•P' • _,, • ‘ zs-, . . , 47./ j \ ..17.......% .7) . ...,E :;• „ ‘‘• I:1'''' "...r!‘ • di;., '' ''''Vei'\..:4 -/.,. ‘. / .I • i 1 ..., : ' , N;:: ...1.4■■■•'•‘. ., ''' . . . , . . ,. % 1 .! \\ \ • i . . ■.. .-.... .....-.. ,-----. (4. :-.....—• . . : 14,)•,1 I i \ . . . . 4 • . .. , , • i . . ' 1 . 1 1 . 4. -----------• •• • - - .. . . .7-4:4-"a• 1 I , .- I i c-- I i\ it 1 ?ki I V . i 1 : I I .....-....- .„.- -- ._ 1 ) . 1, i l ! . 1 1 . \ ■ : Cr ..1: . ' ., 1 • i... . . ARTWORK PROCUREMENT Agreement No: AGREEMENT KIB Project No:10021 Project Title: KHS ADDITION &RENOVATION To this Agreement between KODIAK ISLAND BOROUGH hereafter the CONTRACTING AGENCY, Alexandra K. Meyer, dba Sea Run Glass Studio hereafter the ARTIST (Artist), effective on the last date executed by its parties, in consideration of the terms, conditions and promises of Articles 1 through 7 in this document, the parties hereby agree. ARTIST Signature: Signature: Name: Alexandra K. Meyer Date Name: Date Title: Title: CONTRACTING AGENCY Contract Manager Contracting Officer Signature: Signature: Name: Jessica Wolfe Date Name: Charles E. Cassidy, Jr. Date Title: Project Manager Title: Borough Manager ARTICLE 1 - PURPOSE 1.1 Procurement of a professionally designed, constructed, and installed Supergraphics in the Fitness Lounge are, D127. ARTICLE 2 -COMPENSATION 2.1 The fixed price payable under this Agreement shall be: Nineteen Thousand TwoHundred and No/100 Dollars ($19,200.00) USD. 2.2 The CONTRACTING AGENCY will make progress payments to the ARTIST, upon receipt of acceptable invoices for services and any supporting documentation requested by the Project Manager, in accordance with the following schedule [note: percentages may only be adjusted from this standard via specific language in Article 8 on a contract-by- contract basis prior to execution]: a. 10% upon execution of contract b. 20%upon acceptance of final design, dimensions and proposed placement of artwork on the site, and installation plans. c. 30% upon receipt of materials by ARTIST d. 40%upon completion of the work according to an installation work plan and is accepted by the Contract Manager. 2.3 The CONTRACTING AGENCY will make final payment to the ARTIST following approval of completion of all Work. Total payment of all Material Suppliers and Subcontractors and satisfactory compliance with Article Al 5-Taxes, are conditions precedent to final payment. Liens or other claims relating to the Project may be withheld from final payment if written notice is first given to the ARTIST. Acceptance of the final payment will constitute the ARTIST's waiver of future claims. Artwork Agreement (January 2011)Agreement Page 1 of 2 ARTICLE 3-PERIOD OF PERFORMANCE 3.1 ARTIST shall commence services under this Agreement as authorized by written Notice(s) to Proceed and shall complete the services in accordance with any time schedule required by Appendices. This Agreement is of no force or effect until executed by the ARTIST and the CONTRACTING AGENCY and no services shall be undertaken or performed until a Notice to Proceed is issued. 3.2 The Period of Performance under this Agreement shall end: December 21, 2015 — January 2, 2016 (during Christmas break and after final completion of the Fitness Lounge area). ARTICLE 4—APPENDICES 4.1 The following Appendices are attached to this document and incorporated herein: Appendix Title Date Prepared No. Pages A General Conditions July, 2013 7 B Supplementary Conditions July, 2013 2 ARTICLE 5 -CONTRACTING AGENCY DATA Office Address Street: 711 Mill Bay Road Appeals Officer: PO Box: City, State, Zip: Kodiak, AK 99615 Authorization: Phone-Voice: 486-9210 Phone-FAX: 486-9347 Funding Source: ARTICLE 6 -ARTIST DATA Manager: Marion Owen Alaska Business License No.: 992368 Title: Federal Tax Identification No.: Office Address Type of Firm Street: 1217 Larch Street ❑ Individual ❑ Partnership PO Box: City, State, Zip: Kodiak,AK 99615 ❑ Corporation in state of: Phone-Voice: 907-942-4366 ❑ Other(specify): ARTICLE 7 -SUBCONTRACTORS 7.1 ARTIST shall perform all services required under this Agreement except as may be performed by the Subcontractors listed below. Type of Service Subcontractor Artwork Agreement (January 2011)Agreement Page 2 of 2 GENERALCONDITIONS APPENDIX A A1.8 ARTIST - The firm (person or any business combination) who executes this Agreement and provides Article Number and Title services. Al Definitions A1.9 ARTISTs Manager - The ARTISTs A2 Occupational Safety and Health representative in responsible charge of the work, directly A3 Changes answerable for the required services, and the A4 Audits and Records CONTRACTING AGENCY's primary point of contact AS CONTRACTING AGENCY Inspections with the ARTIST. A6 Termination or Suspension A7 Officials Not to Benefit A1.10 Notice to Proceed (NTP) - Written authorization AS Independent CONTRACTOR from the CONTRACTING AGENCY to the ARTIST to A9 Proselytizing provide all or specified services in accordance with an A10 Precedence of Documents existing Agreement. All Ownership of Work of Art Al 2 Subcontractors Successors and Assigns A1.11 Contract Manager - CONTRACTING AGENCY's Al 3 Claims and Disputes representative and the ARTISTs primary point of contact A14 Extent of Agreement with the CONTRACTING AGENCY. A15 Taxes A16 Governing Law A1.12 Summary of Work - Services and work products required of the ARTIST by this Agreement. ARTICLE Al DEFINITIONS A1.13 Subcontractor — A person or firm engaged to provide a portion of the Summary of Work by A1.1 Additional or Extra Services - Services, work subcontract with the ARTIST (does not include products or actions required of the ARTIST above and employees of the ARTIST). beyond provisions of the Agreement. ARTICLE A2 A1.2 Amendment - A written change to this OCCUPATIONAL SAFETY AND HEALTH Agreement. A2.1 The ARTIST and its Subcontractors shall observe A1.3 Appeals Officer - The designated individual or a and comply with the Federal Occupational Safety and duly appointed successor whose decisions constitute the Health act of 1970 and with all safety and health exhaustion of contractual and administrative alternatives standards promulgated by the Secretary of Labor under for resolution of Claims and disputes. authority thereof and with all State of Alaska Occupational Safety and Health Laws and regulations. A1.4 KIB — The Kodiak Island Borough. A designated representative of this agency will be the Contract ARTICLE A3 Manager, administering this Agreement and ensuring CHANGES the production of a quality Work of Art by the Artist. A3.1 Changes (including "Supplemental Agreements") A1.5 Change - A revision in services, complexity, in the period of performance, general conditions, character, or duration of the services or provisions of this statement of services, or other provisions established by Agreement. this Agreement may be made by written Amendment only. If such changes cause an increase or a decrease A1.6 Commencement — Artist has completed the final in the ARTIST's cost, an equitable adjustment shall be design and demonstrates that materials required for made and specified in the Amendment. The ARTIST production of the Work of Art have been ordered shall not perform any additional or extra services prior to (materials do not have to have actually been paid for). receiving a fully executed copy of an Amendment and a Notice to Proceed, except as the ARTIST may be A1.7 Contracting Officer - The individual or a duly directed under the provisions of Article Al 3 - Claims and appointed successor designated as the official Disputes. representative to administer contracts for the CONTRACTING AGENCY. A3.2 If at any time the CONTRACTING AGENCY through its authorized representatives, either verbally or in writing, requests or issues instructions for Additional or Extra Services or otherwise directs actions which ArtworkAgreement (January 2011) Appendix A,General Conditions Page 1 of 7 conflict with any provision of this Agreement, the ARTICLE A6 ARTIST shall, within 30 days of receipt and prior to TERMINATION OR SUSPENSION pursuing such instructions, so notify the CONTRACTING AGENCY in writing, and to the extent possible, describe A6.1 This Agreement may be terminated by either the services and estimated cost of any Additional or party upon 10 days written notice if the other party fails Extra Services. The CONTRACTING AGENCY will then substantially to perform in accordance with its terms evaluate and, if appropriate, negotiate an Amendment. through no fault of the party initiating the termination Unless so notified by the ARTIST, the CONTRACTING (default termination). If the CONTRACTING AGENCY AGENCY may assume such instructions have not terminates this Agreement, the CONTRACTING changed any provisions of this Agreement nor require AGENCY will pay the ARTIST a sum equal to the additional compensation. No additional payments shall percentage of work completed that can be substantiated be made to the ARTIST without such notice. in whole or in part either by the ARTIST to the satisfaction of the CONTRACTING AGENCY or by the ARTICLE A4 CONTRACTING AGENCY. If the CONTRACTING AUDITS AND RECORDS AGENCY becomes aware of any non-conformance with this Agreement by the ARTIST, the CONTRACTING A4.1 The ARTIST shall maintain records of AGENCY will give prompt written notice thereof to the performances, communications, documents, ARTIST. Should the ARTIST's services remain in non- correspondence and costs pertinent to this Agreement conformance, the percentage of total compensation and the CONTRACTING AGENCY's authorized attributable to the nonconforming work may be withheld. representatives shall have the right to examine such records and accounting procedures and practices. A6.2 The CONTRACTING AGENCY may at any time terminate (convenience termination) or suspend this A4.2 The CONTRACTING AGENCY's authorized Agreement for its needs or convenience. In the event of representatives shall have the right to examine all books, a convenience termination, or suspension for more than records, documents and other data of the ARTIST 3 months, the ARTIST will be compensated for related to the negotiation, pricing and performance of authorized services and authorized expenditures this Agreement and any modification or change for the performed to the date of receipt of written notice of purpose of evaluating the accuracy, completeness and termination or suspension plus reasonable expenses. No currency of the data submitted. The right of examination fee or other compensation for the uncompleted portion of shall extend to all documents necessary to permit the services will be paid except for already incurred adequate evaluation of the data, computations and indirect costs which the ARTIST can establish and which projections used. would have been compensated for over the life of this Agreement, but because of the termination or A4.3 The materials described in this article shall be suspension would have to be absorbed by the ARTIST made available at a business office of the ARTIST at all without further compensation. reasonable times for inspection, audit or reproduction, for a minimum of 3 years from the date of any resulting A6.3 In the event of termination or suspension, the final settlement. ARTIST shall deliver all work products, reports, estimates, schedules and other documents and data a. If this Agreement is completely or partially prepared pursuant to this Agreement to the terminated, records relating to the services CONTRACTING AGENCY. terminated shall be made available for a minimum of 3 years from the date of any ARTICLE A7 resulting final settlement. OFFICIALS NOT TO BENEFIT b. Records which relate to appeals under Article A7.1 No member of or delegate to Congress, United A13 - Claims and Disputes, or litigation or the States Commissioner or other officials of the Federal, settlement of Claims arising out of the State, Political subdivision or Local Government shall be performance of this Agreement shall be made admitted to any share or part of this Agreement or any available until such appeals, litigation or Claims benefit to arse therefrom. have been concluded. ARTICLE A8 ARTICLE AG INDEPENDENT CONTRACTOR CONTRACTING AGENCY INSPECTIONS A8.1 The ARTIST and its agents and employees shall A5.1 The CONTRACTING AGENCY has the right to act in an independent capacity and not as officers, inspect, in the manner and at reasonable times it agents, or employees of the CONTRACTING AGENCY considers appropriate during the period of this in the performance of this Agreement. Agreement, all facilities and activities of the ARTIST as may be engaged in the performance of this Agreement. A8.2 Any and all employees of the ARTIST, while engaged in the performance of any work or services ArtworkAgreement (January 2011) Appendix A,General Conditions Page 2 of 7 required by the ARTIST under this Agreement, shall be Artist under this Contract. However, copyright of the considered employees of the ARTIST only and not of the Artwork, including its design, shall be owned by the CONTRACTING AGENCY and any and all Claims that Artist, subject to the following provisions: may or might arise under the Worker's Compensation Act on behalf of said employees, while so engaged and a. The State may display the Artwork in any place any and all Claims made by a third party as a and manner, so long as the integrity of the consequence of any negligent act or omission on the Artwork is not violated. Except for temporary part of the ARTIST's employees, while so engaged on relocations reasonably anticipated to last less any of the services to be rendered herein, shall be the than 180 days or relocations caused by sole obligation and responsibility of the ARTIST. emergencies or to protect the public from imminent harm, prior to the relocation of the A8.3 This Agreement will be declared null and void Artwork which may become necessary during should the CONTRACTING AGENCY determine that by the Artist's life, the State shall, first send notice Internal Revenue Service definitions the ARTIST is an of the relocation by registered mail to the Artist employee of the CONTRACTING AGENCY. at the most recent address of the Artist that was recorded in the system of records established by ARTICLE A9 the Register of Copyrights pursuant to 17 U.S.C. PROSELYTIZING 113(D)(3). If the relocation will result in the destruction of the artwork, the notice shall A9.1 The ARTIST agrees that it will not engage on a specify that the Artist shall have 95 days from full or part time basis, during the period of this the date the notice was mailed to remove the Agreement, any person or persons who are or have artwork at the Artist's sole expense. This been employed by the CONTRACTING AGENCY during paragraph does not diminish the ultimate right of the period of this Agreement or during the 90 days the State to remove and relocate, to store or immediately preceding the date of this Agreement otherwise discontinue display, or to take any except those who have been regularly retired or other action described in Para. E, below. approved in writing by the CONTRACTING AGENCY. ARTICLE A10 b. The Artist shall deliver the final model of the PRECEDENCE OF DOCUMENTS Artwork created pursuant to this Contract to the State and agrees that it will not recreate such A10.1 Components of this Agreement shall stand and drawing, models or the completed Artwork for prevail in the following order: Agreement over another person or organization. Supplemental Conditions; Supplemental Conditions over General Conditions; General c. The State may photograph or otherwise Conditions over Summary of Work; Summary of Work reproduce the Artwork for documentary or over Compensation; Compensation over any archival purposes, or for use in information appendices. publications, so long as no monetary gain is realized directly for such use A10.2 If a "Request for Proposal" (RFP) and/or a proposal are appended to this Agreement, the d. The Artist shall be entitled to retain and utilize components described in paragraph 4.11.1 shall stand copies of the drawings and models, including and prevail over the proposal and the proposal over the photographs of the Artwork, for the Artist's own RFP. exhibitions. The Artist shall further be entitled to reproduce such drawings, models and A10.3 These terms, conditions and requirements apply photographs for use in the portfolio and in books to the Contract Documents describing the Work for the and publications about the Artwork, and to Project. If any provision of these Contract Documents is exercise all other reproduction rights provided declared by a court to be illegal or in conflict with any under the United States copyright laws, except law, the validity of the remaining provisions and the as otherwise restricted by this Contract. ensuing rights and obligations of the Parties to the contract shall not be affected. e. The Artist is aware of the waiveable rights of artists as authors of works of visual arts as set ARTICLE All forth in the Visual Artists' Rights Act of 1990, as OWNERSHIP OF WORK OF ART amended, and as codified in Title 17 of the United States Code (Visual Rights Act). To the A11.1 As of Final Acceptance, the State shall own the extent the Artwork would otherwise be protected Artwork, together with all drawings and models of the by the Visual Artists' Rights Act and the Artist Artwork, created by the Artist pursuant to this Contract. would otherwise be entitled to protection Prior to Final Acceptance, the State shall have, at its thereunder, the Artist expressly waives any and option, that percentage ownership interest in the artwork, all rights arising under the Visual Artists' Rights and in all materials, designs and efforts under this Act, except as otherwise stated in this contract, Contract, equivalent to that percentage of their fair market value that the State has at any time paid to the ArtworkAgreement (January 2011) Appendix A,General Conditions Page 3 of 7 that would in any way prevent the owner of the legal representatives of the CONTRACTING AGENCY facility in which the art is installed from with respect to all covenants of this Agreement. remodeling the facility in any manner suitable to the owner, except as otherwise stated in this Al2.5 The ARTIST shall include provisions appropriate provision, and waives any rights arising under to effectuate the purposes of this Agreement in all United States or Canadian federal, state or subcontracts executed to perform services under this provincial law or under the laws of any other Agreement that may exceed a cost of$25,000. country that conveys rights of the same nature as those conveyed under the Visual Artists' ARTICLE A13 Rights Act or any other type of moral right or CLAIMS AND DISPUTES droit moral with respect to the Artwork for any and all uses in which either the attribution or the A13.1 If the ARTIST becomes aware of any act or integrity right may be implicated including, occurrence that may form the basis of a Claim by the without limitation, the removal, relocation, ARTIST for additional compensation or an extension of destruction, distortion, mutilation or other time for performance, or if any dispute arises regarding a modification of all or any portion of the Artwork question of fact or interpretation of this Agreement, the as deemed necessary or desirable by the State, ARTIST shall immediately inform the Contract Manager. except as otherwise stated in this contract. If the matter cannot be resolved within 7 days, the ARTIST shall, within the next 14 days, submit its "Intent f The Artist does not waive rights arising under to Claim"in writing to the Contract Manager. the Visual Artists' Rights Act should the owner of the facility seek to remove the Artwork due to A13.2 If the ARTIST believes additional compensation political controversy over the aesthetics of, is warranted, the ARTIST shall immediately begin to content of, or views perceived to be expressed keep and maintain complete, accurate and specific daily by the Artwork. records concerning every detail of the potential Claim including actual costs incurred. The ARTIST shall give g. The Artist expressly recognizes and the CONTRACTING AGENCY access to any such acknowledges that the construction and nature record and, when so requested, shall forthwith furnish of the Artwork may subject the Artwork to the CONTRACTING AGENCY copies thereof destruction, distortion, mutilation or other Equipment costs shall be based on the ARTISTs modification by reason of removal or relocation internal rates for ownership, depreciation, and operating of all or any portion of the Artwork or by expenses and not on published rental rates. destruction of or modification to the building in which it is installed. In such case, as described A13.3 The Claim, if not resolved, shall be presented to in this provision, the Artwork shall no longer be the Contract Manager, in writing, within 60 days represented to be the work of the Artist without following receipt of the "Intent to Claim". The Contract thewritten consent of the Artist. Manager will acknowledge receipt of the Claim in writing. A13.4 The ARTIST agrees that unless these written ARTICLE Al2 notices are provided, the ARTIST will have no SUBCONTRACTORS, SUCCESSORS AND ASSIGNS entitlement to additional time or compensation for such act, event or condition. The ARTIST shall in any case Al2.1 The CONTRACTING AGENCY must concur in continue diligent performance under this Agreement. the selection of any person or firm that may be engaged in performance of this Agreement to provide negotiable A13.5 The Claim shall specifically include the following: professional or technical services, products, etc., (vs. commodity items available to the general public in stores a. The act, event or condition giving rise to the at market prices). Claim; Al2.2 If this Agreement includes named firms or b. The provisions of the Agreement which apply to individuals, then such firms or individuals shall be the Claim and under which relief is provided; employed for the designated services, unless the Agreement is changed by Amendments. c. The item or items of project work affected and how they are affected; and, Al2.3 The ARTIST shall not assign, sublet or transfer any interest in this Agreement without the prior written d. The specific relief requested, including Contract consent of the CONTRACTING AGENCY. Time if applicable, and the basis upon which it was calculated. Al2.4 The ARTIST binds itself, its partners, its Subcontractors, assignees and legal representatives to A13.6 The Claim, in order to be valid, must not only this Agreement and to the successors, assignees and show that the ARTIST suffered damages or delay but that those conditions were actually a result of the act, ArtworkAgreement (January 2011) Appendix A,General Conditions Page 4 of 7 event or condition complained of and that the Agreement A14.3 This Agreement may be changed only by written provides entitlement to relief to the ARTIST for such act, Amendment executed by both the CONTRACTING event, or condition. AGENCY and the ARTIST. A13.7 The Contract Manager reserves the right to make A14.4 All communications that affect this Agreement written requests to the ARTIST at any time for additional must be made or confirmed in writing and must be sent information that the ARTIST may possess relative to the to the addresses designated in this Agreement. Claim. The ARTIST agrees to provide the Contract Manager such additional information within 30 days of A14.5 The ARTIST on receiving final payment will receipt of such a request. Failure to furnish such execute a release, if required, in full of all Claims against additional information may be regarded as a waiver of the CONTRACTING AGENCY arising out of or by the Claim. reason of the services and work products furnished and under this Agreement. A13.6 If the Claim is not resolved by Agreement within 60 days of its receipt, the Contract Manager will issue a ARTICLE A15 written decision to the ARTIST. The ARTIST may appeal TAXES the Contract Manager's decision within 30 days to the Contracting Officer. Any appeal must be in writing and A15.1 As a condition of performance of this Agreement, must list the specific exceptions to the Contract the ARTIST shall pay all Federal, State and Local taxes Manager's decision including specific provisions of the incurred by the ARTIST and shall require their payment Agreement which the ARTIST intends to rely upon in his by any Subcontractor or any other persons in the appeal. performance of this Agreement. A13.9 The ARTIST shall certify that the Claim is made ARTICLE A15 GOVERNING LAW in good faith, that the supporting cost and pricing data are accurate and complete to the best of the ARTIST'S A16.1 This Agreement is governed by the laws of the knowledge and belief, and that the amount requested State of Alaska and Federal and Local Laws and accurately reflects the adjustment to the Agreement for Ordinances applicable to the work performed. The which the ARTIST believes the CONTRACTING ARTIST shall be cognizant and shall at all times observe AGENCY is liable. and comply with such laws which in any manner affect those engaged or employed in the performance, or A13.10 The ARTIST will be furnished a written signed which in any way affects the manner of performance, of copy of the Contracting Officer's decision within 90 days, this Agreement. unless the Contracting Officer requests additional information. The Contracting Officer's decision is final A16.2 The ARTIST must comply with all applicable and conclusive unless fraudulent as to the Claim or laws, regulations, codes, ordinances and written unless, within 14 days of receipt of the decision, the directives issued by the Procurement Officer. In ARTIST delivers a written Notice of Appeal to the addition, the ARTIST must obtain applicable licenses Appeals Officer designated on Page 8 of this and permits and provide supervision, labor, and tools. Agreement. A16.3 The Alaska Department of Labor and Workforce A13.11 Procedures for appeals via Arbitration are Development, Wage and Hour Administration, must be covered in 2 AAC 16.950-989. notified in accordance with AS 36.05.010 and AS ARTICLE A14 36.5.30 if the cost of the construction exceeds EXTENT OF AGREEMENT $25,000. The ARTIST must comply with the requirements noted within the Department of Labor A14.1 This Agreement including appendices represents packet entitled"Laborers' the entire and integrated Agreement between the & Mechanics' Minimum Rates of Pay". To obtain a copy CONTRACTING AGENCY and the ARTIST and of the referenced packet, contact the Procurement supersedes all prior negotiations, representations or Agency or the Department of Labor. Agreements,written or oral. ARTICLE A17 A14.2 Nothing contained herein may be deemed to SUMMARY OF WORK create any contractual relationship between the A17.1 The ARTIST shall finalize design of the Work of CONTRACTING AGENCY and any Subcontractors or Art that was proposed in response to the State's Call for material suppliers; nor may anything contained herein be Proposals (including any necessary professional deemed to give any third party Claim or right of action engineering design work) and then obtain the necessary against the CONTRACTING AGENCY or the ARTIST materials, construct the work, deliver it to the site, and which does not otherwise exist without this Agreement. install it in its intended location within the project (comply with construction licensure requirements relevant to those portions of the installation work governed by law or ArtworkAgreement (January 2011) Appendix A,General Conditions Page 5 of 7 regulation). (Copies of both the Call and the Proposal shall be entitled to coverage to the extent of such higher are incorporated into this Agreement by reference.) limits. Certificates of insurance must be furnished to the CONTRACTING AGENCY and incorporated into this A17.2 The ARTIST shall remedy all defects in materials Agreement with copies attached to this document. or workmanship that develop within a period of one year Certificates must provide for the CONTRACTING from the date of final payment. AGENCY to receive notice of any policy cancellation or reduction per AS 21.36 Sections 210-310. Failure to A17.3 The ARTIST shall have sole responsibility for the furnish certificates of insurance or lapse of the policy is a means, methods, sequences, or procedures of material breach and grounds for termination of the construction and safety precautions related to the ARTIST's services and may preclude other Agreements Project. The ARTIST shall conduct all Work in such a between the ARTIST and the CONTRACTING manner that protects the public and State resources. AGENCY. ARTICLE A18 INDEMNIFICATION & INSURANCE A18.5 Worker's Compensation Insurance: The ARTIST shall provide and maintain, for all employees engaged in A18.1 The ARTIST shall indemnify, hold harmless, and work under this Agreement, coverage as required by AS defend the CONTRACTING AGENCY from and against 23.30.045, and; where applicable, any other statutory any claim of, or liability for negligent acts, errors or obligations including but not limited to Federal USL&H omissions of the ARTIST under this Agreement. The and Jones Act requirements. The policy(s) must waive ARTIST shall not be required to indemnify the subrogation against the State of Alaska. Worker's CONTRACTING AGENCY for a claim of, or liability for, Compensation Insurance is not required if the the independent negligence of the CONTRACTING ARTIST is an Independent Contractor, Sole AGENCY. If there is a claim of, or liability for, the joint Proprietor or Self-Employed Person having no negligent error or omission of the ARTIST and the employees in any sense of AS 23.30.045 (Artist and independent negligence of the CONTRACTING Project Manager to agree in advance and in writing). AGENCY, the indemnification and hold harmless obligation shall be apportioned on a comparative fault A18.6 Commercial General Liability Insurance: Such basis. "ARTIST' and "CONTRACTING AGENCY", as policy shall have minimum coverage limits of $300,000 used within this article, include the employees, agents combined single limit per occurrence or split limits of and other contractors who are directly responsible, $300,000 per person/$500,000 per occurrence. The respectively, to each. The term "Independent policy shall be written on an "occurrence" form and shall Negligence" is negligence other than in the not be written as a "claims-made" form unless CONTRACTING AGENCY's selection, administration, specifically reviewed and agreed to by the monitoring, or controlling of the ARTIST and in CONTRACTING AGENCY. Comprehensive or approving or accepting the ARTIST's Work. Commercial General Liability Insurance is not required if the general public and clients do not have A18.2 The ARTIST shall exercise that degree of skill, any business access to a place of business or home care and judgment commensurate with the professional office maintained by the Artist (Artist and Project standards for the services of a similar nature. When Manager to agree in advance and in writing). such standards are in dispute, a panel of three qualified impartial professionals objectively selected and A18.7 Comprehensive Automobile Liability Insurance: appointed by the Appeals Officer shall establish them. Such policy shall have minimum coverage bodily injury liability limits of $300,000 combined single limit per A18.3 The ARTIST shall correct, through re- occurrence or split limits of $300,000 per performance at its expense, any services which are person/$500,000 per occurrence. The policy shall cover deficient or defective because of the ARTIST's failure to all owned, hired and non-owned vehicles. In addition, it perform said services in accordance with professional shall have a minimum of $50,000 per occurrence standards, provided the CONTRACTING AGENCY has property damage liability limits. Comprehensive notified the ARTIST in writing within a reasonable time, Automobile Liability Insurance is not required if only not to exceed 60 days, of the discovery of any such public transportation, or a rented passenger vehicle deficiency during the performance of the services and with business use insurance, will be used to within 12 months of the date of final payment under this accomplish requirements of this Agreement (Artist Agreement. and Project Manager to agree in advance and in writing). A18.4 Without limiting the ARTIST's indemnification, it is ARTICLE A19 agreed that ARTIST shall purchase at its own expense ALASKA LICENSES/REGISTRATIONS and maintain in force at all times for the duration of this Agreement the following policies of insurance. Where A19.1 The ARTIST and all Subcontractors shall comply specific limits are shown, it is understood that they shall A19.1 the following applicable requirements of Alaska with be the minimum acceptable limits. If the ARTIST's policy Statutes: contains higher limits, the CONTRACTING AGENCY ArtworkAgreement (January 2011) Appendix A,General Conditions Page 6 of 7 c. Joint Ventures, regardless of type of services a. Alaska Business License (Form 08-070 issued provided, must be licensed/registered in the under AS 43.70) at the time designated for legal name of the Joint Venture as used in this opening (i.e., receipt) of proposals as required proposal (AS 43.70.020 and 43.70.110(4)) by AS 36.30.210(e) for ARTIST; and not later than five days after a Notice of Intent to Award as required by AS 36.30.210(a) and AS [For information about licensing, Offerors may 36.30.250(a)for all Subcontractors. contact the Alaska Department of Commerce and Economic Development, Division of Occupational b. Certificate of Incorporation (Alaska firms) or Licensing at P.O. Box 110806, Juneau, AK 99811- Certificate of Authorization for Foreign Firm 0806, or at Telephone(907)465-2550. ("Out-of-State" firms). All corporations, regardless of type of services provided, must have one of the certificates (AS 10.06.218 and other sections of Title 10.06 - Alaska Corporations Code). ArtworkAgreement (January 2011) Appendix A,General Conditions Page 7 of 7 SUPPLEMENTARY CONDITIONS KIB Project No: 10021 APPENDIX B Date Prepared: 07/12/13 MODIFICATIONS TO THE GENERAL CONDITIONS B.6 Paragraph A6.1: Add the following after (default termination), "and the other party fails to procure within The following supplements modify, change, delete from, 10 days." add to Appendix A - General Conditions of this Artwork B.7 Paragraph A6.2: Add the following after Procurement Agreement. Where any article of the reasonable expenses, "including storage". General Conditions is modified, or Paragraph, Subparagraph, or Clause thereof is modified or deleted B.8 Paragraph A6.3: Add the following, "However, by these Supplementary Conditions, the unaltered the CONTRACTING AGENCY cannot complete the provisions of that Article, Paragraph, Subparagraph, or artwork without the ARTIST. And no rights shall pass to Clause shall remain in effect. the CONTRACTING AGENCY under Article A.11." (Any deletion or modification of the General Conditions 8.9 Paragraph Al 1.1: Replace paragraph with, "As shall be approved "as to form" by the CONTRACTING of Final Acceptance, the Kodiak Island Borough (KIB) AGENCYS legal section, acknowledged in writing, and shall own the Artwork. The Artist may donate one included below.) drawing and plans for archival purposes. The KIB shall * * * only own models of the Artwork, created by the Artist pursuant to this Contract, if separately paid for. Al Add KIB Copyright of the Artwork, including its design, shall be A11.1 Replace"State"with Kodiak Island Borough (KIB) owned by the Artist, subject to the following provisions:" A16 16.3 Replace$2000 with $25,000 B.10 Paragraph A11.1 a: Add after 113(D) (3), "unless B.1 Definition A1.6: Replace, "materials required for the artist has provided the CONTRACTING AGENCY production of the Work of Art have been ordered with a different address," (materials do not have to have actually been paid for)." with"that fabricator contract has been executed." B.11 Paragraph A11.1 b: Add After the ARTIST shall B.2 Add the following: "The ARTIST shall complete at his option" all work required under this Agreement no later than B.12 Paragraph A11.1 e: Replace paragraph with, August 1-14, 2015 (after substantial completion of phase "The ARTIST is aware of the waiveable rights of artists 6 Area B)." as authors of works of visual arts as set forth in the B.3 Add the following: "Schedule: The ARTIST shall Visual Artists' Rights Act of 1990, as amended, and as meet the following constraints. codified in Title 17 of the United States Code (Visual Work Schedule: Installation of artwork: December 21, Rights Act). To the extent the Artwork would otherwise 2015—January 2, 2016 (during Christmas break and ARTIST IST would ld the rwisel Artists' Rights Act and the after final completion of the Fitness Lounge area). ARTIST woule otherwise be entitled to protection thereunder, the ARTIST expressly waives any and all Payment Schedule: rights arising under the Visual Artists' Rights Act that would in any way prevent the owner of the facility in a. 10%upon execution of contract which the art is installed from remodeling the facility in b. 20%upon acceptance of final design, any manner suitable to the owner, except as otherwise dimensions and proposed placement of stated in this Agreement. artwork on the site, and installation plans. c. 30% upon receipt of materials by ARTIST B.13 Paragraph A11.1: Add Section h: "Except as provided in e and g, the CONTRACTING AGENCY d. 40% upon completion of the work according agrees that it shall not intentionally alter or modify the to an installation work plan and is accepted Artwork." by the Contract Manager. B.14 Paragraph A11.1: Add Section is "The B.4 Add the following: "Coordination of on-site CONTRACTING AGENCY agrees to reasonably activities: The ARTIST shall coordinate its on-site maintain the Artwork in accordance with maintenance activities with the CONTRACTING AGENCY to minimize instructions provided by the Artist and further agrees that disruption to the CONTRACTING AGENCY'S repairs shall be made in accordance with conservation construction contractor." principles. The Artist shall be notified of any repair and given a reasonable opportunity to make such repairs at B.5 Paragraph A5.1: Replace, "it considers this option under the terms of a separate agreement." appropriate" with "mutually acceptable to the ARTIST and the CONTRACTING AGENCY B.15 Deleted. (January 2011) Appendix A,Supplementary Conditions Page 1 of 2 B.16 Paragraph A16.2: Replace paragraph with, "The ARTIST must comply with all applicable laws, regulations, codes, and ordinances. The ARTIST must also comply with written directives issued by the Procurement Officer prior to commencement." B.17 Paragraph A17.1, first sentence: Delete the clause, "(including any necessary professional engineering design work)" and Replace it with the following: "(including any necessary professional engineering design work related to the ARTIST'S scope of work)" B.18 Paragraph A17.1, first sentence Delete, "obtain the necessary materials, construct the work "and Replace with, "arrange for and supervise the fabrication of the Artwork, including materials and arrange to" B.19 Paragraph A17.1, Add the following to the end of the paragraph: "The ARTIST shall design and build: the sculpture's foundation and lighting system to illuminate the Art Work. The ARTIST shall furnish and install: lighting features, conduit and wiring from a power point provided by the CONTRACTING AGENCY, transformers, and incidental electrical work. The power point will consist of power cable and conduit terminating in a junction box at a location not more than 10 feet from the east edge of the sculpture. The ARTIST shall be responsible for all other Work required under this Agreement" B,20 Paragraph A17.3, Add to the end of the paragraph, "Notwithstanding, the CONTRACTING AGENCY shall prepare the site and provide electrical power as necessary for installation." B.21 Article A17, Add Paragraph A17.4, "The ARTIST shall provide lighting for the Artwork with consultation and approval of the CONTRACTING AGENCY." B.22 Paragraph A18.1, Add to the end of the paragraph, "The CONTRACTING AGENCY shall indemnify the ARTIST to the extent permitted by law from its own independent negligence following final acceptance of the Artwork. B.23 Paragraph 18.4, Add after CONTRACTING AGENCY in the fourth sentence, "by the ARTIST'S fabricator, shipper, installer and shall name the CONTRACTING AGENCY as insured" (January 2011) Appendix A,Supplementary Conditions Page 2 of 2 b ALASKA STATE COUNCIL ON THE ARTS PERCENT FOR ART PERCENT FOR ART PROJECT PROPOSAL BUDGET Kodiak Island Borough—Kodiak High School ARTIST Name(s)_Alf Pryor SITE: 6 Materials and Supplies $750 Artist Fee $2000 Assistant(s)Nendor(s)Fees Studio Cost or Rental (include utilities) $1200 Production and/or Fabrication $9000 Insurance on work until Installation(in studio,during shipping, and at site) $500 Tools and Equipment: Purchase $300 Rental $200 Depreciation Travel $350 Lodging $200 Crating/Shipping $1700 Pre-Installation/Site Preparation Installation $300 Photographic Documentation Costs(required by contract) $200 Identification Signage/Plaque(s) $200 Lighting Electrical Components Integral to the Work Engineer Fees Designer Fees Contingency $1500 TOTAL $18400 This proposal budget sheet is intended as an overview of art project expenses. Costs maybe estimated based on recent professional experience and/or research. Please do not provide copies of vendor estimates with this budget. • If commissioned for proposed artwork,artists will be asked to submit a revised working budget that may include current vendor estimates. • Please complete this budget electronically if possible. Neat handwritten copies are acceptable. • Line items can be added by selecting Table, Insert, Rows on the Microsoft Office Word toolbar. • Do not delete line items, instead use N/A if line items do not apply to your proposal. Ifyou have questions about this budget,please e-mail andrea.noble-pelant©alaska.gov and confirm your request for information by calling 907-269-6605 or toll free in Alaska 1-888-278-7424. ■ ARTWORK PROCUREMENT Agreement No: AGREEMENT KIB Project No 10021 Project Title: KHS ADDITION &RENOVATION To this Agreement between KODIAK ISLAND BOROUGH hereafter the CONTRACTING AGENCY,Alf Pryor, dba Dead Humpy Creations hereafter the ARTIST(Artist), effective on the last date executed by its parties, in consideration of the terms, conditions and promises of Articles 1 through 7 in this document, the parties hereby agree. ARTIST Signature: Signature: Name: Alf Pryor Date Name: Date Title: Title: CONTRACTING AGENCY Contract Manager Contracting Officer Signature: Signature: Name: Jessica Wolfe Date Name: Charles E. Cassidy, Jr. Date Title: Project Manager Title: Borough Manager ARTICLE 1 - PURPOSE 1.1 Procurement of a professionally designed, constructed, and installed Supergraphics in the Fitness Lounge are, D127. ARTICLE 2 -COMPENSATION 2.1 The fixed price payable under this Agreement shall be: Seventeen Thousand Four Hundred and No/100 Dollars ($17,400.00) USD. 2.2 The CONTRACTING AGENCY will make progress payments to the ARTIST, upon receipt of acceptable invoices for services and any supporting documentation requested by the Project Manager, in accordance with the following schedule [note: percentages may only be adjusted from this standard via specific language in Article 8 on a contract-by- contract basis prior to execution]: a. 10%upon execution of contract b. 20%upon acceptance of final design, dimensions and proposed placement of artwork on the site, and installation plans. c. 30% upon receipt of materials by ARTIST d. 40% upon completion of the work according to an installation work plan and is accepted by the Contract Manager. 2.3 The CONTRACTING AGENCY will make final payment to the ARTIST following approval of completion of all Work. Total payment of all Material Suppliers and Subcontractors and satisfactory compliance with Article Al 5-Taxes, are conditions precedent to final payment. Liens or other claims relating to the Project may be withheld from final payment if written notice is first given to the ARTIST. Acceptance of the final payment will constitute the ARTIST's waiver of future claims. Artwork Agreement (January 2011)Agreement Page 1 of 2 ARTICLE 3-PERIOD OF PERFORMANCE 3.1 ARTIST shall commence services under this Agreement as authorized by written Notice(s) to Proceed and shall complete the services in accordance with any time schedule required by Appendices. This Agreement is of no force or effect until executed by the ARTIST and the CONTRACTING AGENCY and no services shall be undertaken or performed until a Notice to Proceed is issued. 3.2 The Period of Performance under this Agreement shall end: December 21, 2015 — January 2, 2016 (during Christmas break and after final completion of the Fitness Lounge area). ARTICLE 4—APPENDICES 4.1 The following Appendices are attached to this document and incorporated herein: Appendix Title Date Prepared No. Pages A General Conditions July, 2013 7 B Supplementary Conditions July, 2013 2 ARTICLE 5-CONTRACTING AGENCY DATA Office Address Street: 711 Mill Bay Road Appeals Officer: PO Box: City, State, Zip: Kodiak,AK 99615 Authorization: Phone-Voice: 486-9210 Phone-FAX: 486-9347 Funding Source: ARTICLE 6 -ARTIST DATA Manager: Marion Owen Alaska Business License No.: Title: Federal Tax Identification No.: Office Address Type of Firm Street: 303 Cope Street ❑ Individual ❑ Partnership PO Box: City, State, Zip: Kodiak,AK 99615 ❑ Corporation in state of: Phone-Voice: 907-942-1417 ❑ Other(specify): ARTICLE 7 -SUBCONTRACTORS 7.1 ARTIST shall perform all services required under this Agreement except as may be performed by the Subcontractors listed below. Type of Service Subcontractor Artwork Agreement (January 2011)Agreement Page 2 of 2 GENERALCONDITIONS APPENDIX A INDEX A1.8 ARTIST - The firm (person or any business combination)who executes this Agreement and provides Article Number and Title services. Al Definitions A1.9 ARTIST's Manager - The ARTIST's A2 Occupational Safety and Health representative in responsible charge of the work, directly A3 Changes answerable for the required services, and the A4 Audits and Records CONTRACTING AGENCY's primary point of contact A5 CONTRACTING AGENCY Inspections with the ARTIST. A6 Termination or Suspension A7 Officials Not to Benefit A1.10 Notice to Proceed (NTP) - Written authorization AS Independent CONTRACTOR from the CONTRACTING AGENCY to the ARTIST to A9 Proselytizing provide all or specified services in accordance with an A10 Precedence of Documents existing Agreement. All Ownership of Work of Art Al2 Subcontractors Successors and Assigns A1.11 Contract Manager - CONTRACTING AGENCY's Al3 Claims and Disputes representative and the ARTIST's primary point of contact A14 Extent of Agreement with the CONTRACTING AGENCY. A15 Taxes Al6 Governing Law A1.12 Summary of Work - Services and work products required of the ARTIST by this Agreement. ARTICLE Al DEFINITIONS A1.13 Subcontractor — A person or firm engaged to provide a portion of the Summary of Work by A1.1 Additional or Extra Services - Services, work subcontract with the ARTIST (does not include products or actions required of the ARTIST above and employees of the ARTIST). beyond provisions of the Agreement. ARTICLE A2 A1.2 Amendment - A written change to this OCCUPATIONAL SAFETY AND HEALTH Agreement. A2.1 The ARTIST and its Subcontractors shall observe A1.3 Appeals Officer - The designated individual or a and comply with the Federal Occupational Safety and duly appointed successor whose decisions constitute the Health act of 1970 and with all safety and health exhaustion of contractual and administrative alternatives standards promulgated by the Secretary of Labor under for resolution of Claims and disputes. authority thereof and with all State of Alaska Occupational Safety and Health Laws and regulations. A1.4 KIB — The Kodiak Island Borough. A designated representative of this agency will be the Contract ARTICLE A3 Manager, administering this Agreement and ensuring CHANGES the production of a quality Work of Art by the Artist. A3.1 Changes (including "Supplemental Agreements") A1.5 Change - A revision in services, complexity, in the period of performance, general conditions, character, or duration of the services or provisions of this statement of services, or other provisions established by Agreement. this Agreement may be made by written Amendment only. If such changes cause an increase or a decrease A1.6 Commencement — Artist has completed the final in the ARTIST's cost, an equitable adjustment shall be design and demonstrates that materials required for made and specified in the Amendment. The ARTIST production of the Work of Art have been ordered shall not perform any additional or extra services prior to (materials do not have to have actually been paid for). receiving a fully executed copy of an Amendment and a Notice to Proceed, except as the ARTIST may be A1.7 Contracting Officer - The individual or a duly directed under the provisions of Article A13 - Claims and appointed successor designated as the official Disputes. representative to administer contracts for the CONTRACTING AGENCY. A3.2 If at any time the CONTRACTING AGENCY through its authorized representatives, either verbally or in writing, requests or issues instructions for Additional or Extra Services or otherwise directs actions which ArtworkAgreement (January 2011) Appendix A,General Conditions Page 1 of 7 conflict with any provision of this Agreement, the ARTICLE A6 ARTIST shall, within 30 days of receipt and prior to TERMINATION OR SUSPENSION pursuing such instructions, so notify the CONTRACTING AGENCY in writing, and to the extent possible, describe A6.1 This Agreement may be terminated by either the services and estimated cost of any Additional or party upon 10 days written notice if the other party fails Extra Services. The CONTRACTING AGENCY will then substantially to perform in accordance with its terms evaluate and, if appropriate, negotiate an Amendment. through no fault of the party initiating the termination Unless so notified by the ARTIST, the CONTRACTING (default termination). If the CONTRACTING AGENCY AGENCY may assume such instructions have not terminates this Agreement, the CONTRACTING changed any provisions of this Agreement nor require AGENCY will pay the ARTIST a sum equal to the additional compensation. No additional payments shall percentage of work completed that can be substantiated be made to the ARTIST without such notice. in whole or in part either by the ARTIST to the satisfaction of the CONTRACTING AGENCY or by the ARTICLE A4 CONTRACTING AGENCY. If the CONTRACTING AUDITS AND RECORDS AGENCY becomes aware of any non-conformance with this Agreement by the ARTIST, the CONTRACTING A4.1 The ARTIST shall maintain records of AGENCY will give prompt written notice thereof to the performances, communications, documents, ARTIST. Should the ARTIST's services remain in non- correspondence and costs pertinent to this Agreement conformance, the percentage of total compensation and the CONTRACTING AGENCY's authorized attributable to the nonconforming work may be withheld. representatives shall have the right to examine such records and accounting procedures and practices. A6.2 The CONTRACTING AGENCY may at any time terminate (convenience termination) or suspend this A4.2 The CONTRACTING AGENCY's authorized Agreement for its needs or convenience. In the event of representatives shall have the right to examine all books, a convenience termination, or suspension for more than records, documents and other data of the ARTIST 3 months, the ARTIST will be compensated for related to the negotiation, pricing and performance of authorized services and authorized expenditures this Agreement and any modification or change for the performed to the date of receipt of written notice of purpose of evaluating the accuracy, completeness and termination or suspension plus reasonable expenses. No currency of the data submitted. The right of examination fee or other compensation for the uncompleted portion of shall extend to all documents necessary to permit the services will be paid except for already incurred adequate evaluation of the data, computations and indirect costs which the ARTIST can establish and which projections used. would have been compensated for over the life of this Agreement, but because of the termination or A4.3 The materials described in this article shall be suspension would have to be absorbed by the ARTIST made available at a business office of the ARTIST at all without further compensation. reasonable times for inspection, audit or reproduction, for a minimum of 3 years from the date of any resulting A6.3 In the event of termination or suspension, the final settlement. ARTIST shall deliver all work products, reports, estimates, schedules and other documents and data a. If this Agreement is completely or partially prepared pursuant to this Agreement to the terminated, records relating to the services CONTRACTING AGENCY. terminated shall be made available for a minimum of 3 years from the date of any ARTICLE A7 resulting final settlement. OFFICIALS NOT TO BENEFIT b. Records which relate to appeals under Article A7.1 No member of or delegate to Congress, United A13 - Claims and Disputes, or litigation or the States Commissioner or other officials of the Federal, settlement of Claims arising out of the State, Political subdivision or Local Government shall be performance of this Agreement shall be made admitted to any share or part of this Agreement or any available until such appeals, litigation or Claims benefit to arise therefrom. have been concluded. ARTICLE A8 ARTICLE A5 INDEPENDENT CONTRACTOR CONTRACTING AGENCY INSPECTIONS A8.1 The ARTIST and its agents and employees shall A5.1 The CONTRACTING AGENCY has the right to act in an independent capacity and not as officers, inspect, in the manner and at reasonable times it agents, or employees of the CONTRACTING AGENCY considers appropriate during the period of this in the performance of this Agreement. Agreement, all facilities and activities of the ARTIST as may be engaged in the performance of this Agreement. A8.2 Any and all employees of the ARTIST, while engaged in the performance of any work or services ArtworkAgreement (January 2011) Appendix A.General Conditions Page 2 of 7 required by the ARTIST under this Agreement, shall be Artist under this Contract. However, copyright of the considered employees of the ARTIST only and not of the Artwork, including its design, shall be owned by the CONTRACTING AGENCY and any and all Claims that Artist, subject to the following provisions: may or might arise under the Worker's Compensation Act on behalf of said employees, while so engaged and a. The State may display the Artwork in any place any and all Claims made by a third party as a and manner, so long as the integrity of the consequence of any negligent act or omission on the Artwork is not violated. Except for temporary part of the ARTIST's employees, while so engaged on relocations reasonably anticipated to last less any of the services to be rendered herein, shall be the than 180 days or relocations caused by sole obligation and responsibility of the ARTIST. emergencies or to protect the public from imminent harm, prior to the relocation of the A8.3 This Agreement will be declared null and void Artwork which may become necessary during should the CONTRACTING AGENCY determine that by the Artist's life, the State shall, first send notice Internal Revenue Service definitions the ARTIST is an of the relocation by registered mail to the Artist employee of the CONTRACTING AGENCY. at the most recent address of the Artist that was recorded in the system of records established by ARTICLE A9 the Register of Copyrights pursuant to 17 U.S.C. PROSELYTIZING 113(D)(3). If the relocation will result in the agrees that it will not engage on a destruction of the artwork, the notice shall A9.1 The ARTIST a 9 specify that the Artist shall have 95 days from full or part time basis, during the period of this the date the notice was mailed to remove the Agreement, any person or persons who are or have artwork at the Artist's sole expense. This been employed by the CONTRACTING AGENCY during paragraph does not diminish the ultimate right of the period of this Agreement or during the 90 days the State to remove and relocate, to store or immediately preceding the date of this Agreement otherwise discontinue display, or to take any except those who have been regularly retired or other action described in Para. E, below. approved in writing by the CONTRACTING AGENCY. ARTICLE A10 b. The Artist shall deliver the final model of the PRECEDENCE OF DOCUMENTS Artwork created pursuant to this Contract to the State and agrees that it will not recreate such A10.1 Components of this Agreement shall stand and drawing, models or the completed Artwork for prevail in the following order: Agreement over another person or organization. Supplemental Conditions; Supplemental Conditions over General Conditions; General c. The State may photograph or otherwise Conditions over Summary of Work; Summary of Work reproduce the Artwork for documentary or over Compensation; Compensation over any archival purposes, or for use in information appendices. publications, so long as no monetary gain is realized directly for such use A10.2 If a "Request for Proposal" (RFP) and/or a proposal are appended to this Agreement, the d. The Artist shall be entitled to retain and utilize components described in paragraph 4.11.1 shall stand copies of the drawings and models, including and prevail over the proposal and the proposal over the photographs of the Artwork, for the Artist's own RFP. exhibitions. The Artist shall further be entitled to reproduce such drawings, models and A10.3 These terms, conditions and requirements apply photographs for use in the portfolio and in books to the Contract Documents describing the Work for the and publications about the Artwork, and to Project. If any provision of these Contract Documents is exercise all other reproduction rights provided declared by a court to be illegal or in conflict with any under the United States copyright laws, except law, the validity of the remaining provisions and the as otherwise restricted by this Contract. ensuing rights and obligations of the Parties to the contract shall not be affected. e. The Artist is aware of the waiveable rights of artists as authors of works of visual arts as set ARTICLE All forth in the Visual Artists' Rights Act of 1990, as OWNERSHIP OF WORK OF ART amended, and as codified in Title 17 of the United States Code (Visual Rights Act). To the A11.1 As of Final Acceptance, the State shall own the extent the Artwork would otherwise be protected Artwork, together with all drawings and models of the by the Visual Artists' Rights Act and the Artist Artwork, created by the Artist pursuant to this Contract. would otherwise be entitled to protection Prior to Final Acceptance, the State shall have, at its thereunder, the Artist expressly waives any and option, that percentage ownership interest in the artwork, all rights arising under the Visual Artists' Rights and in all materials, designs and efforts under this Act, except as otherwise stated in this contract, Contract, equivalent to that percentage of their fair market value that the State has at any time paid to the ArtworkAgreement (January 2011) Appendix A,General Conditions Page 3 of 7 that would in any way prevent the owner of the legal representatives of the CONTRACTING AGENCY facility in which the art is installed from with respect to all covenants of this Agreement. remodeling the facility in any manner suitable to the owner, except as otherwise stated in this Al2.5 The ARTIST shall include provisions appropriate provision, and waives any rights arising under to effectuate the purposes of this Agreement in all United States or Canadian federal, state or subcontracts executed to perform services under this provincial law or under the laws of any other Agreement that may exceed a cost of$25,000. country that conveys rights of the same nature as those conveyed under the Visual Artists' ARTICLE A13 Rights Act or any other type of moral right or CLAIMS AND DISPUTES droit moral with respect to the Artwork for any and all uses in which either the attribution or the A13.1 If the ARTIST becomes aware of any act or integrity right may be implicated including, occurrence that may form the basis of a Claim by the without limitation, the removal, relocation, ARTIST for additional compensation or an extension of destruction, distortion, mutilation or other time for performance, or if any dispute arises regarding a modification of all or any portion of the Artwork question of fact or interpretation of this Agreement, the as deemed necessary or desirable by the State, ARTIST shall immediately inform the Contract Manager. except as otherwise stated in this contract. If the matter cannot be resolved within 7 days, the ARTIST shall, within the next 14 days, submit its "Intent f. The Artist does not waive rights arising under to Claim"in writing to the Contract Manager. the Visual Artists' Rights Act should the owner of the facility seek to remove the Artwork due to A13.2 If the ARTIST believes additional compensation political controversy over the aesthetics of, is warranted, the ARTIST shall immediately begin to content of, or views perceived to be expressed keep and maintain complete, accurate and specific daily by the Artwork. records concerning every detail of the potential Claim including actual costs incurred. The ARTIST shall give g. The Artist expressly recognizes and the CONTRACTING AGENCY access to any such acknowledges that the construction and nature record and, when so requested, shall forthwith furnish of the Artwork may subject the Artwork to the CONTRACTING AGENCY copies thereof. destruction, distortion, mutilation or other Equipment costs shall be based on the ARTIST's modification by reason of removal or relocation internal rates for ownership, depreciation, and operating of all or any portion of the Artwork or by expenses and not on published rental rates. destruction of or modification to the building in which it is installed. In such case, as described A13.3 The Claim, if not resolved, shall be presented to in this provision, the Artwork shall no longer be the Contract Manager, in writing, within 60 days represented to be the work of the Artist without following receipt of the "Intent to Claim". The Contract the written consent of the Artist. Manager will acknowledge receipt of the Claim in writing. A13.4 The ARTIST agrees that unless these written ARTICLE Al2 notices are provided, the ARTIST will have no SUBCONTRACTORS, SUCCESSORS AND ASSIGNS entitlement to additional time or compensation for such act, event or condition. The ARTIST shall in any case Al2.1 The CONTRACTING AGENCY must concur in continue diligent performance under this Agreement. the selection of any person or firm that may be engaged in performance of this Agreement to provide negotiable A13.5 The Claim shall specifically include the following: professional or technical services, products, etc., (vs. commodity items available to the general public in stores a. The act, event or condition giving rise to the at market prices). Claim; Al2.2 If this Agreement includes named firms or b. The provisions of the Agreement which apply to individuals, then such firms or individuals shall be the Claim and under which relief is provided; employed for the designated services, unless the Agreement is changed by Amendments. c. The item or items of project work affected and how they are affected; and, Al2.3 The ARTIST shall not assign, sublet or transfer any interest in this Agreement without the prior written d. The specific relief requested, including Contract consent of the CONTRACTING AGENCY. Time if applicable, and the basis upon which it was calculated. Al2.4 The ARTIST binds itself, its partners, its Subcontractors, assignees and legal representatives to A13.6 The Claim, in order to be valid, must not only this Agreement and to the successors, assignees and show that the ARTIST suffered damages or delay but that those conditions were actually a result of the act, ArtworkAgreement (January 2011) Appendix A,General Conditions Page 4 of 7 event or condition complained of and that the Agreement A14.3 This Agreement may be changed only by written provides entitlement to relief to the ARTIST for such act, Amendment executed by both the CONTRACTING event, or condition. AGENCY and the ARTIST. A13.7 The Contract Manager reserves the right to make A14.4 All communications that affect this Agreement written requests to the ARTIST at any time for additional must be made or confirmed in writing and must be sent information that the ARTIST may possess relative to the to the addresses designated in this Agreement. Claim. The ARTIST agrees to provide the Contract Manager such additional information within 30 days of A14.5 The ARTIST on receiving final payment will receipt of such a request. Failure to furnish such execute a release, if required, in full of all Claims against additional information may be regarded as a waiver of the CONTRACTING AGENCY arising out of or by the Claim. reason of the services and work products furnished and under this Agreement. A13.8 If the Claim is not resolved by Agreement within 60 days of its receipt, the Contract Manager will issue a ARTICLE A16 written decision to the ARTIST. The ARTIST may appeal TAXES the Contract Manager's decision within 30 days to the Contracting Officer. Any appeal must be in writing and A15.1 As a condition of performance of this Agreement, must list the specific exceptions to the Contract the ARTIST shall pay all Federal, State and Local taxes Manager's decision including specific provisions of the incurred by the ARTIST and shall require their payment Agreement which the ARTIST intends to rely upon in his by any Subcontractor or any other persons in the appeal. performance of this Agreement. A13.9 The ARTIST shall certify that the Claim is made ARTICLE A16 GOVERNING LAW in good faith, that the supporting cost and pricing data are accurate and complete to the best of the ARTIST's A16.1 This Agreement is governed by the laws of the knowledge and belief, and that the amount requested State of Alaska and Federal and Local Laws and accurately reflects the adjustment to the Agreement for Ordinances applicable to the work performed. The which the ARTIST believes the CONTRACTING ARTIST shall be cognizant and shall at all times observe AGENCY is liable. and comply with such laws which in any manner affect those engaged or employed in the performance, or A13.10 The ARTIST will be furnished a written signed which in any way affects the manner of performance, of copy of the Contracting Officer's decision within 90 days, this Agreement. unless the Contracting Officer requests additional information. The Contracting Officer's decision is final A16.2 The ARTIST must comply with all applicable and conclusive unless fraudulent as to the Claim or laws, regulations, codes, ordinances and written unless, within 14 days of receipt of the decision, the directives issued by the Procurement Officer. In ARTIST delivers a written Notice of Appeal to the addition, the ARTIST must obtain applicable licenses Appeals Officer designated on Page 8 of this and permits and provide supervision, labor, and tools. Agreement. A16.3 The Alaska Department of Labor and Workforce A13.11 Procedures for appeals via Arbitration are Development, Wage and Hour Administration, must be covered in 2 AAC 16.950-989. notified in accordance with AS 36.05.010 and AS ARTICLE A14 36.5.30 if the cost of the construction exceeds EXTENT OF AGREEMENT $25,000. The ARTIST must comply with the requirements noted within the Department of Labor A14.1 This Agreement including appendices represents packet entitled "Laborers' the entire and integrated Agreement between the & Mechanics' Minimum Rates of Pay". To obtain a copy CONTRACTING AGENCY and the ARTIST and of the referenced packet, contact the Procurement supersedes all prior negotiations, representations or Agency or the Department of Labor. Agreements, written or oral. ARTICLE All A14.2 Nothing contained herein may be deemed to SUMMARY OF WORK create any contractual relationship between the A17.1 The ARTIST shall finalize design of the Work of CONTRACTING AGENCY and any Subcontractors or Art that was proposed in response to the State's Call for material suppliers; nor may anything contained herein be Proposals (including any necessary professional deemed to give any third party Claim or right of action engineering design work) and then obtain the necessary against the CONTRACTING AGENCY or the ARTIST materials, construct the work, deliver it to the site, and which does not otherwise exist without this Agreement. install it in its intended location within the project (comply with construction licensure requirements relevant to those portions of the installation work governed by law or ArtworkAgreement (January 2011) Appendix A,General Conditions Page 5 of 7 regulation). (Copies of both the Call and the Proposal shall be entitled to coverage to the extent of such higher are incorporated into this Agreement by reference.) limits. Certificates of insurance must be furnished to the CONTRACTING AGENCY and incorporated into this A17.2 The ARTIST shall remedy all defects in materials Agreement with copies attached to this document. or workmanship that develop within a period of one year Certificates must provide for the CONTRACTING from the date of final payment. AGENCY to receive notice of any policy cancellation or reduction per AS 21.36 Sections 210-310. Failure to A17.3 The ARTIST shall have sole responsibility for the furnish certificates of insurance or lapse of the policy is a means, methods, sequences, or procedures of material breach and grounds for termination of the construction and safety precautions related to the ARTIST's services and may preclude other Agreements Project. The ARTIST shall conduct all Work in such a between the ARTIST and the CONTRACTING manner that protects the public and State resources. AGENCY. ARTICLE A18 INDEMNIFICATION &INSURANCE A18.5 Worker's Compensation Insurance: The ARTIST shall provide and maintain, for all employees engaged in A18.1 The ARTIST shall indemnify, hold harmless, and work under this Agreement, coverage as required by AS defend the CONTRACTING AGENCY from and against 23.30.045, and; where applicable, any other statutory any claim of, or liability for negligent acts, errors or obligations including but not limited to Federal USL&H omissions of the ARTIST under this Agreement. The and Jones Act requirements. The policy(s) must waive ARTIST shall not be required to indemnify the subrogation against the State of Alaska. Worker's CONTRACTING AGENCY for a claim of, or liability for, Compensation Insurance is not required if the the independent negligence of the CONTRACTING ARTIST is an Independent Contractor, Sole AGENCY. If there is a claim of, or liability for, the joint Proprietor or Self-Employed Person having no negligent error or omission of the ARTIST and the employees in any sense of AS 23.30.045 (Artist and independent negligence of the CONTRACTING Project Manager to agree in advance and in writing). AGENCY, the indemnification and hold harmless obligation shall be apportioned on a comparative fault A18.6 Commercial General Liability Insurance: Such basis. "ARTIST' and "CONTRACTING AGENCY", as policy shall have minimum coverage limits of $300,000 used within this article, include the employees, agents combined single limit per occurrence or split limits of and other contractors who are directly responsible, $300,000 per person/$500,000 per occurrence. The respectively, to each. The term "Independent policy shall be written on an "occurrence" form and shall Negligence" is negligence other than in the not be written as a "claims-made" form unless CONTRACTING AGENCY's selection, administration, specifically reviewed and agreed to by the monitoring, or controlling of the ARTIST and in CONTRACTING AGENCY. Comprehensive or approving or accepting the ARTIST's Work. Commercial General Liability Insurance is not required if the general public and clients do not have A18.2 The ARTIST shall exercise that degree of skill, any business access to a place of business or home care and judgment commensurate with the professional office maintained by the Artist (Artist and Project standards for the services of a similar nature. When Manager to agree in advance and in writing). such standards are in dispute, a panel of three qualified impartial professionals objectively selected and A18.7 Comprehensive Automobile Liability Insurance: appointed by the Appeals Officer shall establish them. Such policy shall have minimum coverage bodily injury liability limits of $300,000 combined single limit per A18.3 The ARTIST shall correct, through re- occurrence or split limits of $300,000 per performance at its expense, any services which are person/$500,000 per occurrence. The policy shall cover deficient or defective because of the ARTIST's failure to all owned, hired and non-owned vehicles. In addition, it perform said services in accordance with professional shall have a minimum of $50,000 per occurrence standards, provided the CONTRACTING AGENCY has property damage liability limits. Comprehensive notified the ARTIST in writing within a reasonable time, Automobile Liability Insurance is not required if only not to exceed 60 days, of the discovery of any such public transportation, or a rented passenger vehicle deficiency during the performance of the services and with business use insurance, will be used to within 12 months of the date of final payment under this accomplish requirements of this Agreement (Artist Agreement. and Project Manager to agree in advance and in writing). A18.4 Without limiting the ARTIST's indemnification, it is ARTICLE A19 agreed that ARTIST shall purchase at its own expense ALASKA LICENSES/REGISTRATIONS and maintain in force at all times for the duration of this Agreement the following policies of insurance. Where specific limits are shown, it is understood that they shall A19.1 The ARTIST and all Subcontractors shall comply be the minimum acceptable limits. If the ARTISTS policy with the following applicable requirements of Alaska contains higher limits, the CONTRACTING AGENCY Statutes: ArtworkAgreement (January 2011) Appendix A,General Conditions Page 6 of 7 c. Joint Ventures, regardless of type of services a. Alaska Business License (Form 08-070 issued provided, must be licensed/registered in the under AS 43.70) at the time designated for legal name of the Joint Venture as used in this opening (i.e., receipt) of proposals as required proposal (AS 43.70.020 and 43.70.110(4)) by AS 36.30.210(e) for ARTIST; and not later than five days after a Notice of Intent to Award as required by AS 36.30.210(a) and AS [For information about licensing, Offerors may 36.30.250(a)for all Subcontractors. contact the Alaska Department of Commerce and Economic Development, Division of Occupational b. Certificate of Incorporation (Alaska firms) or Licensing at P.O. Box 110806, Juneau, AK 99811- Certificate of Authorization for Foreign Firm 0806,or at Telephone(907)465-2550. ("Out-of-State" firms). All corporations, regardless of type of services provided, must have one of the certificates (AS 10.06.218 and other sections of Title 10.06 - Alaska Corporations Code). ArtworkAgreement (January 2011) Appendix A,General Conditions Page 7 of 7 SUPPLEMENTARY CONDITIONS KIB Project No: 10021 APPENDIX B Date Prepared: 07/12/13 MODIFICATIONS TO THE GENERAL CONDITIONS B.6 Paragraph A6.1: Add the following after (default termination), "and the other party fails to procure within The following supplements modify, change, delete from, 10 days." add to Appendix A - General Conditions of this Artwork B.7 Paragraph A6.2: Add the following after Procurement Agreement. Where any article of the reasonable expenses, "including storage". General Conditions is modified, or Paragraph, Subparagraph, or Clause thereof is modified or deleted B.8 Paragraph A6.3: Add the following, "However, by these Supplementary Conditions, the unaltered the CONTRACTING AGENCY cannot complete the provisions of that Article, Paragraph, Subparagraph, or artwork without the ARTIST. And no rights shall pass to Clause shall remain in effect. the CONTRACTING AGENCY under Article A.11." (Any deletion or modification of the General Conditions B.9 Paragraph Al 1.1: Replace paragraph with, "As shall be approved "as to form" by the CONTRACTING of Final Acceptance, the Kodiak Island Borough (KIB) AGENCYSs legal section, acknowledged in writing, and shall own the Artwork. The Artist may donate one included below.) drawing and plans for archival purposes. The KIB shall * * * only own models of the Artwork, created by the Artist pursuant to this Contract, if separately paid for. Al Add KIB Copyright of the Artwork, including its design, shall be A11.1 Replace"State"with Kodiak Island Borough (KIB) owned by the Artist, subject to the following provisions:" A16 16.3 Replace$2000 with$25,000 B.10 Paragraph A11.1 a: Add after 113(D) (3), "unless B.1 Definition A1.6: Replace, "materials required for the artist has provided the CONTRACTING AGENCY production of the Work of Art have been ordered with a different address." (materials do not have to have actually been paid for)." with"that fabricator contract has been executed." B.11 Paragraph A11.1 b: Add After the ARTIST shall B.2 Add the following: "The ARTIST shall complete "at his option" all work required under this Agreement no later than B.12 Paragraph A11.1 e: Replace paragraph with, August 1-14, 2015 (after substantial completion of phase "The ARTIST is aware of the waiveable rights of artists 6 Area B)." as authors of works of visual arts as set forth in the B.3 Add the following: "Schedule: The ARTIST shall Visual Artists' Rights Act of 1990, as amended, and as meet the following constraints. codified in Title 17 of the United States Code (Visual Rights Act). To the extent the Artwork would otherwise Work Schedule: Installation of artwork: December 21, 2015—January 2, 2016 (during Christmas break and ARTIST IST would ld the rwisel be Rights Act and the after final completion of the Fitness Lounge area). ARTIST woule otherwise be entitled to protection thereunder, the ARTIST expressly waives any and all Payment Schedule: rights arising under the Visual Artists' Rights Act that would in any way prevent the owner of the facility in a. 10%upon execution of contract which the art is installed from remodeling the facility in b. 20%upon acceptance of final design, any manner suitable to the owner, except as otherwise dimensions and proposed placement of stated in this Agreement. artwork on the site, and installation plans. c. 30% upon receipt of materials by ARTIST B.13 Paragraph A11.1: Add Section h: "Except as provided in e and g, the CONTRACTING AGENCY d. 40%upon completion of the work according agrees that it shall not intentionally alter or modify the to an installation work plan and is accepted Artwork." by the Contract Manager. B.14 Paragraph A11.1: Add Section is "The B.4 Add the following: "Coordination of on-site CONTRACTING AGENCY agrees to reasonably activities: The ARTIST shall coordinate its on-site maintain the Artwork in accordance with maintenance activities with the CONTRACTING AGENCY to minimize instructions provided by the Artist and further agrees that disruption to the CONTRACTING AGENCY'S repairs shall be made in accordance with conservation construction contractor." principles. The Artist shall be notified of any repair and given a reasonable opportunity to make such repairs at B.5 Paragraph A5.1: Replace, "it considers this option under the terms of a separate agreement." appropriate" with "mutually acceptable to the ARTIST and the CONTRACTING AGENCY B.15 Deleted. (January 2011) Appendix A,Supplementary Conditions Page 1 of 2 B.16 Paragraph A16.2: Replace paragraph with, " The ARTIST must comply with all applicable laws, regulations, codes, and ordinances. The ARTIST must also comply with written directives issued by the Procurement Officer prior to commencement." B.17 Paragraph A17.1, first sentence: Delete the clause, "(including any necessary professional engineering design work)" and Replace it with the following: "(including any necessary professional engineering design work related to the ARTIST'S scope of work)" 6.18 Paragraph A17.1, first sentence Delete, "obtain the necessary materials, construct the work "and Replace with, "arrange for and supervise the fabrication of the Artwork, including materials and arrange to" B.19 Paragraph A17.1, Add the following to the end of the paragraph: "The ARTIST shall design and build: the sculpture's foundation and lighting system to illuminate the Art Work. The ARTIST shall furnish and install: lighting features, conduit and wiring from a power point provided by the CONTRACTING AGENCY, transformers, and incidental electrical work. The power point will consist of power cable and conduit terminating in a junction box at a location not more than 10 feet from the east edge of the sculpture. The ARTIST shall be responsible for all other Work required under this Agreement" 8.20 Paragraph A17.3, Add to the end of the paragraph, "Notwithstanding, the CONTRACTING AGENCY shall prepare the site and provide electrical power as necessary for installation." B.21 Article A17, Add Paragraph A17.4, "The ARTIST shall provide lighting for the Artwork with consultation and approval of the CONTRACTING AGENCY." B.22 Paragraph A18.1, Add to the end of the paragraph, "The CONTRACTING AGENCY shall indemnify the ARTIST to the extent permitted by law from its own independent negligence following final acceptance of the Artwork. B.23 Paragraph 18.4, Add after CONTRACTING AGENCY in the fourth sentence, "by the ARTIST'S fabricator, shipper, installer and shall name the CONTRACTING AGENCY as insured" (January 2011) Appendix A,Supplementary Conditions Page 2 of 2 ALASKA STATE COUNCIL ON THE ARTS PERCENT FOR ART PERCENT FOR ART PROJECT PROPOSAL BUDGET Kodiak Island Borough—Kodiak High School ARTIST Name(s)_Alf Pryor SITE: 6 Materials and Supplies $750 Artist Fee $2000 Assistant(s)Nendor(s)Fees $ Studio Cost or Rental (include utilities) $1200 Production and/or Fabrication $9000 Insurance on work until Installation(in studio,during shipping, and at site) $500 Tools and Equipment: Purchase $300 Rental $200 Depreciation Travel $350 Lodging $200 Crating/Shipping $1700 Pre-Installation/Site Preparation Installation $300 Photographic Documentation Costs(required by contract) $200 Identification Signage/Plaque(s) $200 Lighting Electrical Components Integral to the Work Engineer Fees Designer Fees $ Contingency $1500 TOTAL $18400 This proposal budget sheet is intended as an overview of art project expenses. Costs may be estimated based on recent professional experience and/or research. Please do not provide copies of vendor estimates with this budget. • If commissioned for proposed artwork,artists will be asked to submit a revised working budget that may include current vendor estimates. • Please complete this budget electronically if possible. Neat handwritten copies are acceptable. • Line items can be added by selecting Table, Insert, Rows on the Microsoft Office Word toolbar. • Do not delete line items, instead use N/A if line items do not apply to your proposal. If you have questions about this budget,please e-mail andrea.noble-pelant@alaska.gov and confirm your request for information by calling 907-269-6605 or toll free in Alaska 1-888-278-7424. ARTWORK PROCUREMENT Agreement No: AGREEMENT KIB Project No:10021 Project Title: KHS ADDITION & RENOVATION To this Agreement between KODIAK ISLAND BOROUGH hereafter the CONTRACTING AGENCY, and Debbie Dickinson dba Gridcraft LLC dba Tile Girl hereafter the ARTIST (Artist), effective on the last date executed by its parties, in consideration of the terms, conditions and promises of Articles 1 through 7 in this document, the parties hereby agree. ARTIST Signature: Signature: Name: Debbie Dickinson Date Name: Date Title: Title: CONTRACTING AGENCY Contract Manager Contracting Officer Signature: Signature: Name: Jessica Wolfe Date Name: Charles E. Cassidy, Jr. Date Title: Project Manager Title: Borough Manager ARTICLE 1 - PURPOSE 1.1 Procurement of a professionally designed, constructed, and installed Tile at tower toilet room entrance walls. It is assumed that Artist arrives at jobsite with finished tile panels that are installed over substrate provided by the General Contractor and finishes to the edoes of wall tile installed under the aeneral contract ARTICLE 2 -COMPENSATION 2.1 The fixed price payable under this Agreement shall be: Forty Nine Thousand and No/100 Dollars ($49,000.00) USD. 2.2 The CONTRACTING AGENCY will make progress payments to the ARTIST, upon receipt of acceptable invoices for services and any supporting documentation requested by the Project Manager, in accordance with the following schedule [note: percentages may only be adjusted from this standard via specific language in Article 8 on a contract-by- contract basis prior to execution]: a. 10%upon execution of contract b. 10%upon acceptance of final design, dimensions and proposed placement of artwork on the site, engineering and installation plans. c. 20% upon receipt of materials by ARTIST d. 30% when panels are completed to the satisfaction of the Contract Manager. e. 30% when artwork is installed according to an installation work plan and is accepted by the Contract Manager. 2.3 The CONTRACTING AGENCY will make final payment to the ARTIST following approval of completion of all Work. Total payment of all Material Suppliers and Subcontractors and satisfactory compliance with Article A15-Taxes, are conditions precedent to final payment. Liens or other claims relating to the Project may be withheld from final payment if written notice is first given to the ARTIST. Acceptance of the final payment will constitute the ARTIST's waiver of future claims. Artwork Agreement (January 2011)Agreement Page 1 of 2 ARTICLE 3- PERIOD OF PERFORMANCE 3.1 ARTIST shall commence services under this Agreement as authorized by written Notice(s) to Proceed and shall complete the services in accordance with any time schedule required by Appendices. This Agreement is of no force or effect until executed by the ARTIST and the CONTRACTING AGENCY and no services shall be undertaken or performed until a Notice to Proceed is issued. 3.2 The Period of Performance under this Agreement shall end: August 1-14, 2014.(after substantial completion but before teachers return for orientation). ARTICLE 4—APPENDICES 4.1 The following Appendices are attached to this document and incorporated herein: Appendix Title Date Prepared No. Pages A General Conditions July, 2013 7 B Supplementary Conditions July, 2013 2 ARTICLE 5-CONTRACTING AGENCY DATA Office Address Street: 711 Mill Bay Road Appeals Officer: PO Box: City, State, Zip: Kodiak,AK 99615 Authorization: Phone-Voice: 486-9210 Phone-FAX: 486-9347 Funding Source: ARTICLE 6-ARTIST DATA Manager: Debbie Dickinson Alaska Business License No.: Title: Federal Tax Identification No.: 71-1020204 Office Address Type of Firm Street: 1916 Harris Ave ❑ Individual ❑ Partnership PO Box: City, State, Zip: Bellingham, WA 98225 ❑ Corporation in state of: Phone-Voice: 360-393-3955 email: ❑ Other(specify): ARTICLE 7 -SUBCONTRACTORS 7.1 ARTIST shall perform all services required under this Agreement except as may be performed by the Subcontractors listed below. Type of Service Subcontractor Artwork Agreement (January 2011)Agreement Page 2 of 2 GENERALCONDITIONS APPENDIX A INDEX A1.8 ARTIST - The firm (person or any business combination) who executes this Agreement and provides Article Number and Title services. Al Definitions A1.9 ARTIST's Manager - The ARTIST's A2 Occupational Safety and Health representative in responsible charge of the work, directly A3 Changes answerable for the required services, and the • A4 Audits and Records CONTRACTING AGENCY's primary point of contact A5 CONTRACTING AGENCY Inspections with the ARTIST. A6 Termination or Suspension A7 Officials Not to Benefit A1.10 Notice to Proceed (NTP) - Written authorization A8 Independent CONTRACTOR from the CONTRACTING AGENCY to the ARTIST to A9 Proselytizing provide all or specified services in accordance with an Al 0 Precedence of Documents existing Agreement. All Ownership of Work of Art Al2 Subcontractors Successors and Assigns A1.11 Contract Manager - CONTRACTING AGENCY's A13 Claims and Disputes representative and the ARTIST's primary point of contact A14 Extent of Agreement with the CONTRACTING AGENCY. A15 Taxes A16 Governing Law A1.12 Summary of Work - Services and work products required of the ARTIST by this Agreement. ARTICLE Al DEFINITIONS A1.13 Subcontractor — A person or firm engaged to provide a portion of the Summary of Work by A1.1 Additional or Extra Services - Services, work subcontract with the ARTIST (does not include products or actions required of the ARTIST above and employees of the ARTIST). beyond provisions of the Agreement. ARTICLE A2 A1.2 Amendment - A written change to this OCCUPATIONAL SAFETY AND HEALTH Agreement. A2.1 The ARTIST and its Subcontractors shall observe A1.3 Appeals Officer - The designated individual or a and comply with the Federal Occupational Safety and duly appointed successor whose decisions constitute the Health act of 1970 and with all safety and health exhaustion of contractual and administrative alternatives standards promulgated by the Secretary of Labor under for resolution of Claims and disputes. authority thereof and with all State of Alaska Occupational Safety and Health Laws and regulations. A1.4 KIB — The Kodiak Island Borough. A designated representative of this agency will be the Contract ARTICLE A3 Manager, administering this Agreement and ensuring CHANGES the production of a quality Work of Art by the Artist. A3.1 Changes (including "Supplemental Agreements") A1.5 Change - A revision in services, complexity, in the period of performance, general conditions, character, or duration of the services or provisions of this statement of services, or other provisions established by Agreement. this Agreement may be made by written Amendment only. If such changes cause an increase or a decrease A1.6 Commencement — Artist has completed the final in the ARTIST's cost, an equitable adjustment shall be design and demonstrates that materials required for made and specified in the Amendment. The ARTIST production of the Work of Art have been ordered shall not perform any additional or extra services prior to (materials do not have to have actually been paid for). receiving a fully executed copy of an Amendment and a Notice to Proceed, except as the ARTIST may be A1.7 Contracting Officer - The individual or a duly directed under the provisions of Article Al3 - Claims and appointed successor designated as the official Disputes. representative to administer contracts for the CONTRACTING AGENCY. A3.2 If at any time the CONTRACTING AGENCY through its authorized representatives, either verbally or in writing, requests or issues instructions for Additional or Extra Services or otherwise directs actions which ArtworkAgreement (January 2011) Appendix A,General Conditions Page 1 of 7 conflict with any provision of this Agreement, the ARTICLE A6 ARTIST shall, within 30 days of receipt and prior to TERMINATION OR SUSPENSION pursuing such instructions, so notify the CONTRACTING AGENCY in writing, and to the extent possible, describe A6.1 This Agreement may be terminated by either the services and estimated cost of any Additional or party upon 10 days written notice if the other party fails Extra Services. The CONTRACTING AGENCY will then substantially to perform in accordance with its terms evaluate and, if appropriate, negotiate an Amendment. through no fault of the party initiating the termination Unless so notified by the ARTIST, the CONTRACTING (default termination). If the CONTRACTING AGENCY AGENCY may assume such instructions have not terminates this Agreement, the CONTRACTING changed any provisions of this Agreement nor require AGENCY will pay the ARTIST a sum equal to the additional compensation. No additional payments shall percentage of work completed that can be substantiated be made to the ARTIST without such notice. in whole or in part either by the ARTIST to the satisfaction of the CONTRACTING AGENCY or by the ARTICLE A4 CONTRACTING AGENCY. If the CONTRACTING AUDITS AND RECORDS AGENCY becomes aware of any non-conformance with this Agreement by the ARTIST, the CONTRACTING A4.1 The ARTIST shall maintain records of AGENCY will give prompt written notice thereof to the performances, communications, documents, ARTIST. Should the ARTIST's services remain in non- correspondence and costs pertinent to this Agreement conformance, the percentage of total compensation and the CONTRACTING AGENCY's authorized attributable to the nonconforming work may be withheld. representatives shall have the right to examine such records and accounting procedures and practices. A6.2 The CONTRACTING AGENCY may at any time terminate (convenience termination) or suspend this A4.2 The CONTRACTING AGENCY's authorized Agreement for its needs or convenience. In the event of representatives shall have the right to examine all books, a convenience termination, or suspension for more than records, documents and other data of the ARTIST 3 months, the ARTIST will be compensated for related to the negotiation, pricing and performance of authorized services and authorized expenditures this Agreement and any modification or change for the performed to the date of receipt of written notice of purpose of evaluating the accuracy, completeness and termination or suspension plus reasonable expenses. No currency of the data submitted. The right of examination fee or other compensation for the uncompleted portion of shall extend to all documents necessary to permit the services will be paid except for already incurred adequate evaluation of the data, computations and indirect costs which the ARTIST can establish and which projections used. would have been compensated for over the life of this Agreement, but because of the termination or A4.3 The materials described in this article shall be suspension would have to be absorbed by the ARTIST made available at a business office of the ARTIST at all without further compensation. reasonable times for inspection, audit or reproduction, for a minimum of 3 years from the date of any resulting A6.3 In the event of termination or suspension, the final settlement. ARTIST shall deliver all work products, reports, estimates, schedules and other documents and data a. If this Agreement is completely or partially prepared pursuant to this Agreement to the terminated, records relating to the services CONTRACTING AGENCY. terminated shall be made available for a minimum of 3 years from the date of any ARTICLE A7 resulting final settlement. OFFICIALS NOT TO BENEFIT b. Records which relate to appeals under Article A7.1 No member of or delegate to Congress, United A13 - Claims and Disputes, or litigation or the States Commissioner or other officials of the Federal, settlement of Claims arising out of the State, Political subdivision or Local Government shall be performance of this Agreement shall be made admitted to any share or part of this Agreement or any available until such appeals, litigation or Claims benefit to arise therefrom. have been concluded. ARTICLE A8 ARTICLE AS INDEPENDENT CONTRACTOR CONTRACTING AGENCY INSPECTIONS A8.1 The ARTIST and its agents and employees shall A5.1 The CONTRACTING AGENCY has the right to act in an independent capacity and not as officers, inspect, in the manner and at reasonable times it agents, or employees of the CONTRACTING AGENCY considers appropriate during the period of this in the performance of this Agreement. Agreement, all facilities and activities of the ARTIST as may be engaged in the performance of this Agreement. A8.2 Any and all employees of the ARTIST, while engaged in the performance of any work or services ArtworkAgreement (January 2011) Appendix A,General Conditions Page 2 of 7 required by the ARTIST under this Agreement, shall be Artist under this Contract. However, copyright of the considered employees of the ARTIST only and not of the Artwork, including its design, shall be owned by the CONTRACTING AGENCY and any and all Claims that Artist, subject to the following provisions: may or might arise under the Worker's Compensation Act on behalf of said employees, while so engaged and a. The State may display the Artwork in any place any and all Claims made by a third party as a and manner, so long as the integrity of the consequence of any negligent act or omission on the Artwork is not violated. Except for temporary part of the ARTIST's employees, while so engaged on relocations reasonably anticipated to last less any of the services to be rendered herein, shall be the than 180 days or relocations caused by sole obligation and responsibility of the ARTIST. emergencies or to protect the public from imminent harm, prior to the relocation of the A8.3 This Agreement will be declared null and void Artwork which may become necessary during should the CONTRACTING AGENCY determine that by the Artist's life, the State shall, first send notice Internal Revenue Service definitions the ARTIST is an of the relocation by registered mail to the Artist employee of the CONTRACTING AGENCY. at the most recent address of the Artist that was recorded in the system of records established by ARTICLE A9 the Register of Copyrights pursuant to 17 U.S.C. PROSELYTIZING 113(D)(3). If the relocation will result in the destruction of the artwork, the notice shall A9.1 The ARTIST agrees that it will not engage on a specify that the Artist shall have 95 days from full or part time basis, during the period of this the date the notice was mailed to remove the Agreement, any person or persons who are or have artwork at the Artist's sole expense. This been employed by the CONTRACTING AGENCY during paragraph does not diminish the ultimate right of the period of this Agreement or during the 90 days the State to remove and relocate, to store or immediately preceding the date of this Agreement otherwise discontinue display, or to take any except those who have been regularly retired or other action described in Para. E, below. approved in writing by the CONTRACTING AGENCY. ARTICLE A10 b. The Artist shall deliver the final model of the PRECEDENCE OF DOCUMENTS Artwork created pursuant to this Contract to the State and agrees that it will not recreate such A10.1 Components of this Agreement shall stand and drawing, models or the completed Artwork for prevail in the following order: Agreement over another person or organization. Supplemental Conditions; Supplemental Conditions over General Conditions; General c. The State may photograph or otherwise Conditions over Summary of Work; Summary of Work reproduce the Artwork for documentary or over Compensation; Compensation over any archival purposes, or for use in information appendices. publications, so long as no monetary gain is realized directly for such use A10.2 If a "Request for Proposal" (RFP) and/or a proposal are appended to this Agreement, the d. The Artist shall be entitled to retain and utilize components described in paragraph 4.11.1 shall stand copies of the drawings and models, including and prevail over the proposal and the proposal over the photographs of the Artwork, for the Artist's own RFP. exhibitions. The Artist shall further be entitled to reproduce such drawings, models and A10.3 These terms, conditions and requirements apply photographs for use in the portfolio and in books to the Contract Documents describing the Work for the and publications about the Artwork, and to Project. If any provision of these Contract Documents is exercise all other reproduction rights provided declared by a court to be illegal or in conflict with any under the United States copyright laws, except law, the validity of the remaining provisions and the as otherwise restricted by this Contract. ensuing rights and obligations of the Parties to the contract shall not be affected. e. The Artist is aware of the waiveable rights of artists as authors of works of visual arts as set ARTICLE All forth in the Visual Artists' Rights Act of 1990, as OWNERSHIP OF WORK OF ART amended, and as codified in Title 17 of the United States Code (Visual Rights Act). To the A11.1 As of Final Acceptance, the State shall own the extent the Artwork would otherwise be protected Artwork, together with all drawings and models of the by the Visual Artists' Rights Act and the Artist Artwork, created by the Artist pursuant to this Contract. would otherwise be entitled to protection Prior to Final Acceptance, the State shall have, at its thereunder, the Artist expressly waives any and option, that percentage ownership interest in the artwork, all rights arising under the Visual Artists' Rights and in all materials, designs and efforts under this Act, except as otherwise stated in this contract, Contract, equivalent to that percentage of their fair market value that the State has at any time paid to the ArtworkAgreement (January 2011) Appendix A,General Conditions Page 3 of 7 that would in any way prevent the owner of the legal representatives of the CONTRACTING AGENCY facility in which the art is installed from with respect to all covenants of this Agreement. remodeling the facility in any manner suitable to the owner, except as otherwise stated in this Al2.5 The ARTIST shall include provisions appropriate provision, and waives any rights arising under to effectuate the purposes of this Agreement in all United States or Canadian federal, state or subcontracts executed to perform services under this provincial law or under the laws of any other Agreement that may exceed a cost of$25,000. country that conveys rights of the same nature as those conveyed under the Visual Artists' ARTICLE A13 Rights Act or any other type of moral right or CLAIMS AND DISPUTES droit moral with respect to the Artwork for any and all uses in which either the attribution or the A13.1 If the ARTIST becomes aware of any act or integrity right may be implicated including, occurrence that may form the basis of a Claim by the without limitation, the removal, relocation, ARTIST for additional compensation or an extension of destruction, distortion, mutilation or other time for performance, or if any dispute arises regarding a modification of all or any portion of the Artwork question of fact or interpretation of this Agreement, the as deemed necessary or desirable by the State, ARTIST shall immediately inform the Contract Manager. except as otherwise stated in this contract. If the matter cannot be resolved within 7 days, the ARTIST shall, within the next 14 days, submit its "Intent f. The Artist does not waive rights arising under to Claim"in writing to the Contract Manager. the Visual Artists' Rights Act should the owner of the facility seek to remove the Artwork due to A13.2 If the ARTIST believes additional compensation political controversy over the aesthetics of, is warranted, the ARTIST shall immediately begin to content of, or views perceived to be expressed keep and maintain complete, accurate and specific daily by the Artwork. records concerning every detail of the potential Claim including actual costs incurred. The ARTIST shall give g. The Artist expressly recognizes and the CONTRACTING AGENCY access to any such acknowledges that the construction and nature record and, when so requested, shall forthwith furnish of the Artwork may subject the Artwork to the CONTRACTING AGENCY copies thereof. destruction, distortion, mutilation or other Equipment costs shall be based on the ARTIST'S modification by reason of removal or relocation internal rates for ownership, depreciation, and operating of all or any portion of the Artwork or by expenses and not on published rental rates. destruction of or modification to the building in which it is installed. In such case, as described A13.3 The Claim, if not resolved, shall be presented to in this provision, the Artwork shall no longer be the Contract Manager, in writing, within 60 days represented to be the work of the Artist without following receipt of the "Intent to Claim". The Contract the written consent of the Artist. Manager will acknowledge receipt of the Claim in writing. A13.4 The ARTIST agrees that unless these written ARTICLE Al2 notices are provided, the ARTIST will have no SUBCONTRACTORS, SUCCESSORS AND ASSIGNS entitlement to additional time or compensation for such act, event or condition. The ARTIST shall in any case Al2.1 The CONTRACTING AGENCY must concur in continue diligent performance under this Agreement. the selection of any person or firm that may be engaged in performance of this Agreement to provide negotiable A13.5 The Claim shall specifically include the following: professional or technical services, products, etc., (vs. commodity items available to the general public in stores a. The act, event or condition giving rise to the at market prices). Claim; Al2.2 If this Agreement includes named firms or b. The provisions of the Agreement which apply to individuals, then such firms or individuals shall be the Claim and under which relief is provided; employed for the designated services, unless the Agreement is changed by Amendments. c. The item or items of project work affected and how they are affected; and, Al2.3 The ARTIST shall not assign, sublet or transfer any interest in this Agreement without the prior written d. The specific relief requested, including Contract consent of the CONTRACTING AGENCY. Time if applicable, and the basis upon which it was calculated. Al2.4 The ARTIST binds itself, its partners, its Subcontractors, assignees and legal representatives to A13.6 The Claim, in order to be valid, must not only this Agreement and to the successors, assignees and show that the ARTIST suffered damages or delay but that those conditions were actually a result of the act, ArtworkAgreement (January 2011) Appendix A,General Conditions Page 4 of 7 event or condition complained of and that the Agreement A14.3 This Agreement may be changed only by written provides entitlement to relief to the ARTIST for such act, Amendment executed by both the CONTRACTING event, or condition. AGENCY and the ARTIST. A13.7 The Contract Manager reserves the right to make A14.4 All communications that affect this Agreement written requests to the ARTIST at any time for additional must be made or confirmed in writing and must be sent information that the ARTIST may possess relative to the to the addresses designated in this Agreement. Claim. The ARTIST agrees to provide the Contract Manager such additional information within 30 days of A14.5 The ARTIST on receiving final payment will receipt of such a request. Failure to furnish such execute a release, if required, in full of all Claims against additional information may be regarded as a waiver of the CONTRACTING AGENCY arising out of or by the Claim. reason of the services and work products furnished and under this Agreement. A13.8 If the Claim is not resolved by Agreement within 60 days of its receipt, the Contract Manager will issue a ARTICLE A15 written decision to the ARTIST. The ARTIST may appeal TAXES the Contract Manager's decision within 30 days to the Contracting Officer. Any appeal must be in writing and A15.1 As a condition of performance of this Agreement, must list the specific exceptions to the Contract the ARTIST shall pay all Federal, State and Local taxes Manager's decision including specific provisions of the incurred by the ARTIST and shall require their payment Agreement which the ARTIST intends to rely upon in his by any Subcontractor or any other persons in the appeal. performance of this Agreement. A13.9 The ARTIST shall certify that the Claim is made ARTICLE A16 GOVERNING LAW in good faith, that the supporting cost and pricing data are accurate and complete to the best of the ARTIST's A16.1 This Agreement is governed by the laws of the knowledge and belief, and that the amount requested State of Alaska and Federal and Local Laws and accurately reflects the adjustment to the Agreement for Ordinances applicable to the work performed. The which the ARTIST believes the CONTRACTING ARTIST shall be cognizant and shall at all times observe AGENCY is liable. and comply with such laws which in any manner affect those engaged or employed in the performance, or A13.10 The ARTIST will be furnished a written signed which in any way affects the manner of performance, of copy of the Contracting Officer's decision within 90 days, this Agreement. unless the Contracting Officer requests additional information. The Contracting Officer's decision is final A16.2 The ARTIST must comply with all applicable and conclusive unless fraudulent as to the Claim or laws, regulations, codes, ordinances and written unless, within 14 days of receipt of the decision, the directives issued by the Procurement Officer. In ARTIST delivers a written Notice of Appeal to the addition, the ARTIST must obtain applicable licenses Appeals Officer designated on Page 8 of this and permits and provide supervision, labor, and tools. Agreement. A16.3 The Alaska Department of Labor and Workforce A13.11 Procedures for appeals via Arbitration are Development, Wage and Hour Administration, must be covered in 2 AAC 16.950-989. notified in accordance with AS 36.05.010 and AS ARTICLE A14 36.5.30 if the cost of the construction exceeds EXTENT OF AGREEMENT $25,000. The ARTIST must comply with the requirements noted within the Department of Labor A14.1 This Agreement including appendices represents packet entitled "Laborers' the entire and integrated Agreement between the & Mechanics' Minimum Rates of Pay". To obtain a copy CONTRACTING AGENCY and the ARTIST and of the referenced packet, contact the Procurement supersedes all prior negotiations, representations or Agency or the Department of Labor. Agreements,written or oral. ARTICLE A17 A14.2 Nothing contained herein may be deemed to SUMMARY OF WORK create any contractual relationship between the A17.1 The ARTIST shall finalize design of the Work of CONTRACTING AGENCY and any Subcontractors or Art that was proposed in response to the State's Call for material suppliers; nor may anything contained herein be Proposals (including any necessary professional deemed to give any third party Claim or right of action engineering design work) and then obtain the necessary against the CONTRACTING AGENCY or the ARTIST materials, construct the work, deliver it to the site, and which does not otherwise exist without this Agreement. install it in its intended location within the project (comply with construction licensure requirements relevant to those portions of the installation work governed by law or ArtworkAgreement (January 2011) Appendix A,General Conditions Page 5 of 7 regulation). (Copies of both the Call and the Proposal shall be entitled to coverage to the extent of such higher are incorporated into this Agreement by reference.) limits. Certificates of insurance must be furnished to the CONTRACTING AGENCY and incorporated into this A17.2 The ARTIST shall remedy all defects in materials Agreement with copies attached to this document. or workmanship that develop within a period of one year Certificates must provide for the CONTRACTING from the date of final payment. AGENCY to receive notice of any policy cancellation or reduction per AS 21.36 Sections 210-310. Failure to A17.3 The ARTIST shall have sole responsibility for the furnish certificates of insurance or lapse of the policy is a means, methods, sequences, or procedures of material breach and grounds for termination of the construction and safety precautions related to the ARTIST's services and may preclude other Agreements Project. The ARTIST shall conduct all Work in such a between the ARTIST and the CONTRACTING manner that protects the public and State resources. AGENCY. ARTICLE A18 INDEMNIFICATION &INSURANCE A18.5 Worker's Compensation Insurance: The ARTIST shall provide and maintain, for all employees engaged in A18.1 The ARTIST shall indemnify, hold harmless, and work under this Agreement, coverage as required by AS defend the CONTRACTING AGENCY from and against 23.30.045, and; where applicable, any other statutory any claim of, or liability for negligent acts, errors or obligations including but not limited to Federal USL&H omissions of the ARTIST under this Agreement. The and Jones Act requirements. The policy(s) must waive ARTIST shall not be required to indemnify the subrogation against the State of Alaska. Worker's CONTRACTING AGENCY for a claim of, or liability for, Compensation Insurance is not required if the the independent negligence of the CONTRACTING ARTIST is an Independent Contractor, Sole AGENCY. If there is a claim of, or liability for, the joint Proprietor or Self-Employed Person having no negligent error or omission of the ARTIST and the employees in any sense of AS 23.30.045 (Artist and independent negligence of the CONTRACTING Project Manager to agree in advance and in writing). AGENCY, the indemnification and hold harmless obligation shall be apportioned on a comparative fault A18.6 Commercial General Liability Insurance: Such basis. "ARTIST' and "CONTRACTING AGENCY", as policy shall have minimum coverage limits of $300,000 used within this article, include the employees, agents combined single limit per occurrence or split limits of and other contractors who are directly responsible, $300,000 per person/$500,000 per occurrence. The respectively, to each. The term "Independent policy shall be written on an "occurrence" form and shall Negligence" is negligence other than in the not be written as a "claims-made" form unless CONTRACTING AGENCY's selection, administration, specifically reviewed and agreed to by the monitoring, or controlling of the ARTIST and in CONTRACTING AGENCY. Comprehensive or approving or accepting the ARTIST's Work. Commercial General Liability Insurance is not required if the general public and clients do not have A18.2 The ARTIST shall exercise that degree of skill, any business access to a place of business or home care and judgment commensurate with the professional office maintained by the Artist (Artist and Project standards for the services of a similar nature. When Manager to agree in advance and in writing). such standards are in dispute, a panel of three qualified impartial professionals objectively selected and A18.7 Comprehensive Automobile Liability Insurance: appointed by the Appeals Officer shall establish them. Such policy shall have minimum coverage bodily injury liability limits of $300,000 combined single limit per A18.3 The ARTIST shall correct, through re- occurrence or split limits of $300,000 per performance at its expense, any services which are person/$500,000 per occurrence. The policy shall cover deficient or defective because of the ARTIST's failure to all owned, hired and non-owned vehicles. In addition, it perform said services in accordance with professional shall have a minimum of $50,000 per occurrence standards, provided the CONTRACTING AGENCY has property damage liability limits. Comprehensive notified the ARTIST in writing within a reasonable time, Automobile Liability Insurance is not required if only not to exceed 60 days, of the discovery of any such public transportation, or a rented passenger vehicle deficiency during the performance of the services and with business use insurance, will be used to within 12 months of the date of final payment under this accomplish requirements of this Agreement (Artist Agreement. and Project Manager to agree in advance and in writing), A18.4 Without limiting the ARTIST's indemnification, it is ARTICLE A19 agreed that ARTIST shall purchase at its own expense ALASKA LICENSES/REGISTRATIONS and maintain in force at all times for the duration of this Agreement the following policies of insurance. Where A19.1 The ARTIST and all Subcontractors shall comply specific limits are shown, it is understood that they shall with the following applicable requirements of Alaska be the minimum acceptable limits. If the ARTIST's policy Statutes: contains higher limits, the CONTRACTING AGENCY ArtworkAgreement (January 2011) Appendix A,General Conditions Page 6 of 7 c. Joint Ventures, regardless of type of services a. Alaska Business License (Form 08-070 issued provided, must be licensed/registered in the under AS 43.70) at the time designated for legal name of the Joint Venture as used in this opening (i.e., receipt) of proposals as required proposal (AS 43.70.020 and 43.70.110(4)) by AS 36.30.210(e) for ARTIST; and not later than five days after a Notice of Intent to Award as required by AS 36.30.210(a) and AS [For information about licensing, Offerors may 36.30.250(a)for all Subcontractors. contact the Alaska Department of Commerce and Economic Development, Division of Occupational b. Certificate of Incorporation (Alaska firms) or Licensing at P.O. Box 110806, Juneau, AK 99811- Certificate of Authorization for Foreign Firm 0806,or at Telephone(907)465-2550. ("Out-of-State" firms). All corporations, regardless of type of services provided, must have one of the certificates (AS 10.06.218 and other sections of Title 10.06 - Alaska Corporations Code). AdworkAgreement (January 2011) Appendix A,General Conditions Page 7 of 7 SUPPLEMENTARY CONDITIONS KIB Project No: 10021 APPENDIX B Date Prepared: 07/12/13 MODIFICATIONS TO THE GENERAL CONDITIONS disruption to the CONTRACTING AGENCY'S construction contractor." The following supplements modify, change, delete from, add to Appendix A - General Conditions of this Artwork B.5 Paragraph A5.1: Replace, "it considers Procurement Agreement. Where any article of the appropriate" with "mutually acceptable to the ARTIST General Conditions is modified, or Paragraph, and the CONTRACTING AGENCY Subparagraph, or Clause thereof is modified or deleted B.6 Paragraph A6.1: Add the following after (default by these Supplementary Conditions, the unaltered termination), "and the other party fails to procure within provisions of that Article, Paragraph, Subparagraph, or 10 days." Clause shall remain in effect. B.7 Paragraph A6.2: Add the following after (Any deletion or modification of the General Conditions reasonable expenses, "including storage". shall be approved "as to form" by the CONTRACTING B.8 Paragraph A6.3: Add the following, "However, AGENCY's legal section, acknowledged in writing, and the CONTRACTING AGENCY cannot complete the included below.) artwork without the ARTIST. And no rights shall pass to * * * the CONTRACTING AGENCY under Article A.11." Al Add KIB B.9 Paragraph A11.1: Replace paragraph with, "As A11.1 Replace"State"with Kodiak Island Borough (KIB) of Final Acceptance, the Kodiak Island Borough (KIB) A16 16.3 Replace$2000 with$25,000 shall own the Artwork. The Artist may donate one B.1 Definition A1.6: Replace, "materials required for drawing and plans for archival purposes. The KIB shall production of the Work of Art have been ordered only own models of the Artwork, created by the Artist (materials do not have to have actually been paid for)." pursuant to this Contract, if separately paid for. with" that fabricator contract has been executed." Copyright of the Artwork, including its design, shall be owned by the Artist, subject to the following provisions:" B.2 Add the following: "The ARTIST shall complete all work required under this Agreement no later than B.10 Paragraph A11.1 a: Add after 113(D) (3), "unless August 1-14, 2015 (after substantial completion of phase the artist has provided the CONTRACTING AGENCY 6 Area B." with a different address." B.3 Add the following: "Schedule: The ARTIST shall B.11 Paragraph A11.1 b: Add After the ARTIST shall meet the following constraints. "at his option" Work Schedule: Installation of artwork:August 1-20, 2014 (After substantial completion, but before teachers B.12 Paragraph A11.1 e: Replace paragraph with, return for orientation). It is assumed that Artist arrives at "The ARTIST is aware of the waiveable rights of artists jobsite with finished tile panels that are installed over as authors of works of visual arts as set forth in the substrate provided by the General Contractor and Visual Artists' Rights Act of 1990, as amended, and as finishes to the edges of wall tile installed under the codified in Title 17 of the United States Code (Visual general contract Rights Act). To the extent the Artwork would otherwise Payment Schedule: be protected by the Visual Artists' Rights Act and the ARTIST would otherwise be entitled to protection a. 10% upon execution of contract thereunder, the ARTIST expressly waives any and all rights arising under the Visual Artists' Rights Act that b. 10%upon acceptance of final design, dimensions and would in any way prevent the owner of the facility in proposed placement of artwork on the site, and which the art is installed from remodeling the facility in installation plans. any manner suitable to the owner, except as otherwise c. 20%upon receipt of materials by ARTIST stated in this Agreement. d. 30% when panels are completed to the satisfaction of B.13 Paragraph A11.1: Add Section h: "Except as the Contract Manager provided in e and g, the CONTRACTING AGENCY e. 30% when artwork is installed according to an agrees that it shall not intentionally alter or modify the installation work plan and is accepted by the Contract Artwork." Manager. B.14 Paragraph A11.1: Add Section is "The B.4 Add the following: "Coordination of on-site CONTRACTING AGENCY agrees to reasonably activities: The ARTIST shall coordinate its on-site maintain the Artwork in accordance with maintenance activities with the CONTRACTING AGENCY to minimize instructions provided by the Artist and further agrees that (January 2011) Appendix A,Supplementary Conditions Page 1 of 2 repairs shall be made in accordance with conservation principles. The Artist shall be notified of any repair and given a reasonable opportunity to make such repairs at this option under the terms of a separate agreement." B.15 Deleted. B.16 Paragraph A16.2: Replace paragraph with, " The ARTIST must comply with all applicable laws, regulations, codes, and ordinances. The ARTIST must also comply with written directives issued by the Procurement Officer prior to commencement." B.17 Paragraph A17.1, first sentence: Delete the clause, "(including any necessary professional engineering design work)" and Replace it with the following: "(including any necessary professional engineering design work related to the ARTIST'S scope of work)" B.18 Paragraph A17.1, first sentence Delete, "obtain the necessary materials, construct the work "and Replace with, "arrange for and supervise the fabrication of the Artwork, including materials and arrange to" B.19 Paragraph A17.1, Add the following to the end of the paragraph: "The ARTIST shall design and build: the sculpture's foundation and lighting system to illuminate the Art Work. The ARTIST shall furnish and install: lighting features, conduit and wiring from a power point provided by the CONTRACTING AGENCY, transformers, and incidental electrical work. The power point will consist of power cable and conduit terminating in a junction box at a location not more than 10 feet from the east edge of the sculpture. The ARTIST shall be responsible for all other Work required under this Agreement" B.20 Paragraph A17.3, Add to the end of the paragraph, "Notwithstanding, the CONTRACTING AGENCY shall prepare the site and provide electrical power as necessary for installation." B.21 Article A17, Add Paragraph A17.4, "The ARTIST shall provide lighting for the Artwork with consultation and approval of the CONTRACTING AGENCY." B.22 Paragraph A18.1, Add to the end of the paragraph, "The CONTRACTING AGENCY shall indemnify the ARTIST to the extent permitted by law from its own independent negligence following final acceptance of the Artwork. B.23 Paragraph 18.4, Add after CONTRACTING AGENCY in the fourth sentence, "by the ARTIST'S fabricator, shipper, installer and shall name the CONTRACTING AGENCY as insured" (January 2011) Appendix A,Supplementary Conditions Page 2 of 2 Kodiak Island Borough - Kodiak Island Art in Public Places Project Site 7 Debbie Jr Dickinson 1916 Harris Ave, Bellingham,WA 98225 1 tilegirl©gmail.corrl 1-360-920-5633 , , j <f) vp WI , 1s.�CAvt1Uelcrt Project Description I Debbie Dickinson I am happy for this opportunity to create art for Kodiak HS, and that it is for a site with so much exposure to the students. Site 7 Concept - From the beginning I knew I wanted all four levels to relate directly to each other without being the same. I started wondering about the first people of Kodiak, and my first thought was to create a modern day totem pole that would travel the four story distance, but I learned that the Alutiiq people did not and do not make totem poles. I discovered much about the Alutiiq people and was especially drawn to the beautiful petroglyphs found on the Island. Carving images into stone relates directly to my work. Then I learned that the Sitka spruce forest that adorns Kodiak Island is not mixed with any other species of trees, making it unique in all the world.With this I knew I had found my first and boldest subject matter for this work. Three large Silica spruce, beginning at the base of their trunks on the first floor, and extending all the way up through the fourth floor, where the top of one tree can be seen and green shows on branches in the upper canopy. A bright and colorful background of glass tiles flowing from one color into the next, making each level visibly distinct from the rest. The center tree, which I think of as a "Story Tree", provides an opportunity to speak further about the many resources of Kodiak Island, to get the students involved in the creation of the installation, and to honor all the inhabitants of the island in a similar way the Alutiiq people recorded their heritage into the boulders at Cape Alitak. About the Story Tree -The center tree will be overlaid onto the surface of the rest of the tile (see sample panel). I will use a black sandstone with a highly textured surface to create this tree. Images that speak to the cultural and natural resources of'the island will be sandblasted into the"bark" of this tree. My intention is to work with the students to create these images. I would like to suggest that they consider what is important to them about the island,why are they there, what matters to them personally and to their family, and to create an image that symbolises the concept using the Alutiiq petroglyphs as inspiration. I think this would be a simple and meaningful way to get the kids of the school involved. If we can find a teacher who is willing to work with me on creating the assignment, the students could be shown this same presentation and given the opportunity to participate. Either myself or a selection committee could be formed to choose a quantity of images to be include. I will then make the necessary preparations to have the images sandblasted into the'bark' of the Story Tree, as shown on the left hand tree of the sample board. I love to imagine in future years, students showing their own children the image they contributed. The roots of the Story Trees are not seen because remembered history only goes back so far... and the top of the Story Tree is not shown because the future is yet unwritten. About the Glass and Colors-The glass background tiles are from Interstyle Glass. I will use a large variety of colors, sizes and textures collected from materials which would otherwise go to waste (really cool from a conservation standpoint), to create a colorful, interesting and contemporary background for the trees.The glass sample palates provided do not show the full range of variety or color, but they give an accurate feel of what to expect. The glass tile sizes will range from 1/2"square tiles to 2"x 12"tiles. The colors are representational of sunrises and sunsets, clear skies and stormy skies, day and night, and the northern lights. The colors represent the earth, plants, trees, and the sea, through a whole range of seasons and weather. The colors are of the people, from the bright colors of an Alutiiq bent wood visor to the Coast Guard Shield, an Orthodox Onion Dome to a family fishing boat. The colors will mean all these things and more depending on who is viewing them. The colors do not include the exact goldenrod tile color which is on the adjacent walls of the bathroom, but it could be incorporated on every level if necessary. I chose the color progression to start with reds and oranges on the first floor, and end with indigo and purple/violet toward the ceiling of the fourth floor. The progression feels natural, like a rainbow. Each floor is distinct in color, and the colors relate to what is above it and what is below it, and can possibly even relate to what is inscribed on the Story Tree. The red and purple/violet are next to each other on a color wheel, and so, conceptually loop back together(even though they will be more than 40 feet apart), forming a circle/cycle like the seasons and all life. Materials-The same materials will be used on all four 11'6"W x 9'H walls. -American Olean porcelain, is the 1"x 2"grey tile filling the last several feet on left and right. This material is rated to be used on floors or walls, inside and out, wet or dry. - Interstyle Ceramic + Glass, all colored glass tiles. This material is rated for install inside and out, walls and wet environments. Much of it is made from recycled glass and all has been salvaged, with permission, from their stock of overruns (a necessary excess of production, that is often thrown away). -Pental Inca Basaltina, a charcoal basalt, for the left and right tree. Rated for floors or walls. - Pental Mystique Black Antique, a sandstone, will be used to create the textured bark look of the Story Tree. Rated for floor and walls. -Cements, glues, sealers and adhesives. We strive to use the most environmentally friendly products wherever possible. Panel orientation and installation -As you can see in the drawings, the trees and most of the color are located in the center of the wall(s) and 'sprinkle' out gradually to the left and right hand terminations. This is to maximise the viewing "window" of the the trees as a student approaches the entrance and turns left or right to enter the bathrooms. All four 11.5'w x 9'h wall panels will be pre-installed onto hardibacker board in 9 separate pieces, ready to be screwed and "glued"to the wall. There will be a quantity of small tiles, per panel, that will be left uninstalled to accommodate screws,these tiles will need to be installed on site, The panel will then be grouted and the Story Tree will be adhered into place. All stone components will be pre sealed before shipping. I will be onsite at the time of installation to act as consultant and help in any way I'm needed. •I hope that this presentation will adequately convey my intentions for these installations.Please contact me if further clarification is needed. i I ' ALASKA STATE COUNCIL ON THE ARTS PERCENT FOR ART PERCENT FOR ART PROJECT PROPOSAL BUDGET Kodiak Island Borough—Kodiak High School ARTIST NAME(S)DEBBIE DICKINSON GRIDCRAFT Li C SITE: 7 Materials and Supplies $9600.00 Artist Fee $20,000.00 Assistant(s)/Vendor(s) Fees $4000.00 Studio Cost or Rental(include utilities) $600.00 Production and/or Fabrication $ 1600.00 Insurance on work until Installation(in studio,during shipping, $400 00 and at site) Tools and Equipment: Purchase $500.00 Rental $N/A Depreciation $N/A Travel $ 1000.00 Lodging $ 1500.00 Crating/Shipping $3500.00 Pre-Installation/Site Preparation $N/A Installation $4000.00 Photographic Documentation Costs (required by contract) $ 100.00 Identification Signage/Plaque(s) $200.00 Lighting $N/A Electrical Components Integral to the Work $N/A Engineer Fees $N/A Designer Fees $N/A Contingency $2000.00 TOTAL $49,000.00 This proposal budget sheet is intended as an overview of art project expenses. Costs may be estimated based on recent professional experience and/or research. Please do not provide copies of vendor estimates with this budget. 1 Estimated Production Schedule Debbie Dickinson I anticipate needing 4 to 6 weeks to fabricate each 11.5'W x 9'H panel, 4 to 6 months total. Shippers estimate 2 weeks. We currently have no additional projects during this period. References: for Debbie Dickinson Company: Moceri Construction Contact: Kenny Nichol—Project Manager or Tony Mooed Vice President Mailing address: P.O. Box 4345, Bellingham WA 98227 knichol@mocericonstruction.com tony@mocericonstruction.com Office number 360.671.3381 Kenny Cell: 360.927.4019 Company: SVC Interiors Contact Cheri Christian-owner, Holly Fleming -interior designer or Lode Connors - Designer. Mailing address: 1701 Ellis St., Bellingham WA 98225 cheri@svcinteriors.com holly@svcinteriors.com lorie @svcinteriors.com Office number 360.676.6936 Company:Another Look Design Studio Contact Leah Puhlman Mailing address: Portland OR Ipuhlman @gmail.com Office number. 503.502.9819 *I have completed several projects with each of the above contacts. • rElAtket_E-r I-WEL gi•z D ItIENsioNS e HefferittLS buik 614314,g ,. v 1=5.5.1 . 4 ckmr orJ ALL Led ALS +iiti• • it • .4e—L.:_its-1511--m i iss•t ... -;-.-...7:174-2.-r. .--......, . -7, . • --- . alii ' is_ ' 7lytt. 0 r • ' e' ':- ^e—,-• • c .4"----r rats; v .1: till,%qv . . ,:, mi p4.1:1- - -, ‘„- ,....,--...‘ , Hirre.fliAL5 L6tE 9rnA.O. 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' I J. 1, -2, 4.: 4 4 I 4 sl t m .4 ' -4 •-• ARTWORK PROCUREMENT Agreement No: KIB Project No:10021 AGREEMENT Project Title: KHS ADDITION & RENOVATION To this Agreement between KODIAK ISLAND BOROUGH hereafter the CONTRACTING AGENCY, and Kathy Bradford dba North Star Art Glass, Inc. hereafter the ARTIST (Artist), effective on the last date executed by its parties, in consideration of the terms, conditions and promises of Articles 1 through 7 in this document, the parties hereby agree. ARTIST Signature: Signature: Name: Kathy Bradford Date Name: Date Title: Title: CONTRACTING AGENCY Contract Manager Contracting Officer Signature: Signature: Name: Jessica Wolfe Date Name: Charles E. Cassidy, Jr. Date Title: Project Manager Title: Borough Manager ARTICLE 1 -PURPOSE 1.1 Procurement of a professionally designed, constructed, and installed Glass Sculpture in tower stair curtain wall. ARTICLE 2-COMPENSATION 2.1 The fixed price payable under this Agreement shall be: Fifty Thousand and No/100 Dollars (50,000.00) USD. 2.2 The CONTRACTING AGENCY will make progress payments to the ARTIST, upon receipt of acceptable invoices for services and any supporting documentation requested by the Project Manager, in accordance with the following schedule [note: percentages may only be adjusted from this standard via specific language in Article 8 on a contract-by- contract basis prior to execution]: a. 10%upon execution of contract b. 10%upon acceptance of final design, dimensions and proposed placement of artwork on the site, engineering and installation plans. c. 20% upon receipt of materials by ARTIST d. 30% when glass panels are completed to the satisfaction of the Contract Manager. e. 30% when artwork is installed according to an installation work plan and is accepted by the Contract Manager 2.3 The CONTRACTING AGENCY will make final payment to the ARTIST following approval of completion of all Work. Total payment of all Material Suppliers and Subcontractors and satisfactory compliance with Article Al 5-Taxes, are conditions precedent to final payment. Liens or other claims relating to the Project may be withheld from final payment if written notice is first given to the ARTIST. Acceptance of the final payment will constitute the ARTIST's waiver of future claims. Artwork Agreement (January 2011)Agreement Page 1 of 2 ARTICLE 3-PERIOD OF PERFORMANCE 3.1 ARTIST shall commence services under this Agreement as authorized by written Notice(s) to Proceed and shall complete the services in accordance with any time schedule required by Appendices. This Agreement is of no force or effect until executed by the ARTIST and the CONTRACTING AGENCY and no services shall be undertaken or performed until a Notice to Proceed is issued. 3.2 The Period of Performance under this Agreement shall end:1. Installation - August 1-14, 2014. (after Phase 4 Tower substantial completion) 2. Final Completion — August 21, 2014(the above schedule assumes the Artist installs the piece after construction is completed on the tower. At the Artist's option, the piece could be installed during construction if is found to be in the best interests of the project). ARTICLE 4-APPENDICES 4.1 The following Appendices are attached to this document and incorporated herein: Appendix Title Date Prepared No. Pages A General Conditions July, 2013 7 B Supplementary Conditions July, 2013 2 ARTICLE 5-CONTRACTING AGENCY DATA Office Address Street: 711 Mill Bay Road Appeals Officer: PO Box: City, State, Zip: Kodiak,AK 99615 Authorization: Phone-Voice: 4 86-9210 Phone-FAX: 486-9347 Funding Source: ARTICLE 6-ARTIST DATA Manager: Kathy Bradford Alaska Business License No.: Title: Federal Tax Identification No.: 84-0867890 Office Address Type of Firm Street: 142 Wichita ❑ Individual ❑ Partnership PO Box: City, State, Zip: Lyons, CO 80540 ❑ Corporation in state of: Phone-Voice: ❑ Other(specify): ARTICLE 7 -SUBCONTRACTORS 7.1 ARTIST shall perform all services required under this Agreement except as may be performed by the Subcontractors listed below. Type of Service Subcontractor Artwork Agreement (January 2011)Agreement Page 2 of 2 GENERALCONDITIONS APPENDIX A INDEX A1.8 ARTIST - The firm (person or any business combination) who executes this Agreement and provides Article Number and Title services. Al Definitions A1.9 ARTIST's Manager - The ARTIST's A2 Occupational Safety and Health representative in responsible charge of the work, directly A3 Changes answerable for the required services, and the A4 Audits and Records CONTRACTING AGENCY's primary point of contact AS CONTRACTING AGENCY Inspections with the ARTIST. A6 Termination or Suspension A7 Officials Not to Benefit A1.10 Notice to Proceed (NTP) - Written authorization AS Independent CONTRACTOR from the CONTRACTING AGENCY to the ARTIST to A9 Proselytizing provide all or specified services in accordance with an Al 0 Precedence of Documents existing Agreement. All Ownership of Work of Art Alt Subcontractors Successors and Assigns A1.11 Contract Manager - CONTRACTING AGENCY's Al3 Claims and Disputes representative and the ARTIST's primary point of contact A14 Extent of Agreement with the CONTRACTING AGENCY. A15 Taxes A16 Governing Law A1.12 Summary of Work - Services and work products required of the ARTIST by this Agreement. ARTICLE Al DEFINITIONS A1.13 Subcontractor — A person or firm engaged to provide a portion of the Summary of Work by A1.1 Additional or Extra Services - Services, work subcontract with the ARTIST (does not include products or actions required of the ARTIST above and employees of the ARTIST). beyond provisions of the Agreement. ARTICLE A2 A1.2 Amendment - A written change to this OCCUPATIONAL SAFETY AND HEALTH Agreement. A2.1 The ARTIST and its Subcontractors shall observe A1.3 Appeals Officer - The designated individual or a and comply with the Federal Occupational Safety and duly appointed successor whose decisions constitute the Health act of 1970 and with all safety and health exhaustion of contractual and administrative alternatives standards promulgated by the Secretary of Labor under for resolution of Claims and disputes. authority thereof and with all State of Alaska Occupational Safety and Health Laws and regulations. A1.4 KIB — The Kodiak Island Borough. A designated representative of this agency will be the Contract ARTICLE A3 Manager, administering this Agreement and ensuring CHANGES the production of a quality Work of Art by the Artist. A3.1 Changes (including "Supplemental Agreements") A1.5 Change - A revision in services, complexity, in the period of performance, general conditions, character, or duration of the services or provisions of this statement of services, or other provisions established by Agreement. this Agreement may be made by written Amendment only. If such changes cause an increase or a decrease A1.6 Commencement — Artist has completed the final in the ARTIST's cost, an equitable adjustment shall be design and demonstrates that materials required for made and specified in the Amendment. The ARTIST production of the Work of Art have been ordered shall not perform any additional or extra services prior to (materials do not have to have actually been paid for). receiving a fully executed copy of an Amendment and a Notice to Proceed, except as the ARTIST may be A1.7 Contracting Officer - The individual or a duly directed under the provisions of Article Al3 - Claims and appointed successor designated as the official Disputes. representative to administer contracts for the CONTRACTING AGENCY. A3.2 If at any time the CONTRACTING AGENCY through its authorized representatives, either verbally or in writing, requests or issues instructions for Additional or Extra Services or otherwise directs actions which ArtworkAgreement (January 2011) Appendix A,General Conditions Page 1 of 7 conflict with any provision of this Agreement, the ARTICLE A6 ARTIST shall, within 30 days of receipt and prior to TERMINATION OR SUSPENSION pursuing such instructions, so notify the CONTRACTING AGENCY in writing, and to the extent possible, describe A6.1 This Agreement may be terminated by either the services and estimated cost of any Additional or party upon 10 days written notice if the other party fails Extra Services. The CONTRACTING AGENCY will then substantially to perform in accordance with its terms evaluate and, if appropriate, negotiate an Amendment. through no fault of the party initiating the termination Unless so notified by the ARTIST, the CONTRACTING (default termination). If the CONTRACTING AGENCY AGENCY may assume such instructions have not terminates this Agreement, the CONTRACTING changed any provisions of this Agreement nor require AGENCY will pay the ARTIST a sum equal to the additional compensation. No additional payments shall percentage of work completed that can be substantiated be made to the ARTIST without such notice. in whole or in part either by the ARTIST to the satisfaction of the CONTRACTING AGENCY or by the ARTICLE A4 CONTRACTING AGENCY. If the CONTRACTING AUDITS AND RECORDS AGENCY becomes aware of any non-conformance with this Agreement by the ARTIST, the CONTRACTING A4.1 The ARTIST shall maintain records of AGENCY will give prompt written notice thereof to the performances, communications, documents, ARTIST. Should the ARTIST's services remain in non- correspondence and costs pertinent to this Agreement conformance, the percentage of total compensation and the CONTRACTING AGENCY's authorized attributable to the nonconforming work may be withheld. representatives shall have the right to examine such records and accounting procedures and practices. A6.2 The CONTRACTING AGENCY may at any time terminate (convenience termination) or suspend this A4.2 The CONTRACTING AGENCY's authorized Agreement for its needs or convenience. In the event of representatives shall have the right to examine all books, a convenience termination, or suspension for more than records, documents and other data of the ARTIST 3 months, the ARTIST will be compensated for related to the negotiation, pricing and performance of authorized services and authorized expenditures this Agreement and any modification or change for the performed to the date of receipt of written notice of purpose of evaluating the accuracy, completeness and termination or suspension plus reasonable expenses. No currency of the data submitted. The right of examination fee or other compensation for the uncompleted portion of shall extend to all documents necessary to permit the services will be paid except for already incurred adequate evaluation of the data, computations and indirect costs which the ARTIST can establish and which projections used. would have been compensated for over the life of this Agreement, but because of the termination or A4.3 The materials described in this article shall be suspension would have to be absorbed by the ARTIST made available at a business office of the ARTIST at all without further compensation. reasonable times for inspection, audit or reproduction, for a minimum of 3 years from the date of any resulting A6.3 In the event of termination or suspension, the final settlement. ARTIST shall deliver all work products, reports, estimates, schedules and other documents and data a. If this Agreement is completely or partially prepared pursuant to this Agreement to the terminated, records relating to the services CONTRACTING AGENCY. terminated shall be made available for a minimum of 3 years from the date of any ARTICLE A7 resulting final settlement. OFFICIALS NOT TO BENEFIT b. Records which relate to appeals under Article A7.1 No member of or delegate to Congress, United A13 - Claims and Disputes, or litigation or the States Commissioner or other officials of the Federal, settlement of Claims arising out of the State, Political subdivision or Local Government shall be performance of this Agreement shall be made admitted to any share or part of this Agreement or any available until such appeals, litigation or Claims benefit to arise therefrom. have been concluded. ARTICLE A8 ARTICLE A5 INDEPENDENT CONTRACTOR CONTRACTING AGENCY INSPECTIONS A8.1 The ARTIST and its agents and employees shall A5.1 The CONTRACTING AGENCY has the right to act in an independent capacity and not as officers, inspect, in the manner and at reasonable times it agents, or employees of the CONTRACTING AGENCY considers appropriate during the period of this in the performance of this Agreement. Agreement, all facilities and activities of the ARTIST as A8.2 Any and all employees of the ARTIST, while may be engaged in the performance of this Agreement. engaged in the performance of any work or services ArtworkAgreement (January 2011) Appendix A,General Conditions Page 2 of 7 required by the ARTIST under this Agreement, shall be Artist under this Contract. However, copyright of the considered employees of the ARTIST only and not of the Artwork, including its design, shall be owned by the CONTRACTING AGENCY and any and all Claims that Artist, subject to the following provisions: may or might arise under the Worker's Compensation Act on behalf of said employees, while so engaged and a. The State may display the Artwork in any place any and all Claims made by a third party as a and manner, so long as the integrity of the consequence of any negligent act or omission on the Artwork is not violated. Except for temporary part of the ARTIST's employees, while so engaged on relocations reasonably anticipated to last less any of the services to be rendered herein, shall be the than 180 days or relocations caused by sole obligation and responsibility of the ARTIST. emergencies or to protect the public from imminent harm, prior to the relocation of the A8.3 This Agreement will be declared null and void Artwork which may become necessary during should the CONTRACTING AGENCY determine that by the Artist's life, the State shall, first send notice Internal Revenue Service definitions the ARTIST is an of the relocation by registered mail to the Artist employee of the CONTRACTING AGENCY. at the most recent address of the Artist that was recorded in the system of records established by ARTICLE A9 the Register of Copyrights pursuant to 17 U.S.C. PROSELYTIZING 113(D)(3). If the relocation will result in the destruction of the artwork, the notice The ARTIST agrees that it will not engage on a tice shall specify that the Artist shall have 95 days from full or part time basis, during the period of this the date the notice was mailed to remove the Agreement, any person or persons who are or have artwork at the Artist's sole expense. This been employed by the CONTRACTING AGENCY during paragraph does not diminish the ultimate right of the period of this Agreement or during the 90 days the State to remove and relocate, to store or immediately preceding the date of this Agreement otherwise discontinue display, or to take any except those who have been regularly retired or other action described in Para. E, below. approved in writing by the CONTRACTING AGENCY. ARTICLE A10 b. The Artist shall deliver the final model of the PRECEDENCE OF DOCUMENTS Artwork created pursuant to this Contract to the State and agrees that it will not recreate such A10.1 Components of this Agreement shall stand and drawing, models or the completed Artwork for prevail in the following order: Agreement over another person or organization. Supplemental Conditions; Supplemental Conditions over General Conditions; General c. The State may photograph or otherwise Conditions over Summary of Work; Summary of Work reproduce the Artwork for documentary or over Compensation; Compensation over any archival purposes, or for use in information appendices. publications, so long as no monetary gain is realized directly for such use A10.2 If a "Request for Proposal" (RFP) and/or a proposal are appended to this Agreement, the d. The Artist shall be entitled to retain and utilize components described in paragraph 4.11.1 shall stand copies of the drawings and models, including and prevail over the proposal and the proposal over the photographs of the Artwork, for the Artist's own RFP. exhibitions. The Artist shall further be entitled to reproduce such drawings, models and A10.3 These terms, conditions and requirements apply photographs for use in the portfolio and in books to the Contract Documents describing the Work for the and publications about the Artwork, and to Project. If any provision of these Contract Documents is exercise all other reproduction rights provided declared by a court to be illegal or in conflict with any under the United States copyright laws, except law, the validity of the remaining provisions and the as otherwise restricted by this Contract. ensuing rights and obligations of the Parties to the contract shall not be affected. e. The Artist is aware of the waiveable rights of artists as authors of works of visual arts as set ARTICLE All forth in the Visual Artists' Rights Act of 1990, as OWNERSHIP OF WORK OF ART amended, and as codified in Title 17 of the United States Code (Visual Rights Act). To the A11.1 As of Final Acceptance, the State shall own the extent the Artwork would otherwise be protected Artwork, together with all drawings and models of the by the Visual Artists' Rights Act and the Artist Artwork, created by the Artist pursuant to this Contract. would otherwise be entitled to protection Prior to Final Acceptance, the State shall have, at its thereunder, the Artist expressly waives any and option, that percentage ownership interest in the artwork, all rights arising under the Visual Artists' Rights and in all materials, designs and efforts under this Act, except as otherwise stated in this contract, Contract, equivalent to that percentage of their fair market value that the State has at any time paid to the ArtworkAgreement (January 2011) Appendix A,General Conditions Page 3 of 7 that would in any way prevent the owner of the legal representatives of the CONTRACTING AGENCY facility in which the art is installed from with respect to all covenants of this Agreement. remodeling the facility in any manner suitable to the owner, except as otherwise stated in this Al2.5 The ARTIST shall include provisions appropriate provision, and waives any rights arising under to effectuate the purposes of this Agreement in all United States or Canadian federal, state or subcontracts executed to perform services under this provincial law or under the laws of any other Agreement that may exceed a cost of$25,000. country that conveys rights of the same nature as those conveyed under the Visual Artists' ARTICLE A13 Rights Act or any other type of moral right or CLAIMS AND DISPUTES droit moral with respect to the Artwork for any and all uses in which either the attribution or the A13.1 If the ARTIST becomes aware of any act or integrity right may be implicated including, occurrence that may form the basis of a Claim by the without limitation, the removal, relocation, ARTIST for additional compensation or an extension of destruction, distortion, mutilation or other time for performance, or if any dispute arises regarding a modification of all or any portion of the Artwork question of fact or interpretation of this Agreement, the as deemed necessary or desirable by the State, ARTIST shall immediately inform the Contract Manager. except as otherwise stated in this contract. If the matter cannot be resolved within 7 days, the ARTIST shall, within the next 14 days, submit its "Intent f. The Artist does not waive rights arising under to Claim"in writing to the Contract Manager. the Visual Artists' Rights Act should the owner of the facility seek to remove the Artwork due to A13.2 If the ARTIST believes additional compensation political controversy over the aesthetics of, is warranted, the ARTIST shall immediately begin to content of, or views perceived to be expressed keep and maintain complete, accurate and specific daily by the Artwork. records concerning every detail of the potential Claim including actual costs incurred. The ARTIST shall give g. The Artist expressly recognizes and the CONTRACTING AGENCY access to any such acknowledges that the construction and nature record and, when so requested, shall forthwith furnish of the Artwork may subject the Artwork to the CONTRACTING AGENCY copies thereof. destruction, distortion, mutilation or other Equipment costs shall be based on the ARTIST's modification by reason of removal or relocation internal rates for ownership, depreciation, and operating of all or any portion of the Artwork or by expenses and not on published rental rates. destruction of or modification to the building in which it is installed. In such case, as described A13.3 The Claim, if not resolved, shall be presented to in this provision, the Artwork shall no longer be the Contract Manager, in writing, within 60 days represented to be the work of the Artist without following receipt of the "Intent to Claim". The Contract the written consent of the Artist. Manager will acknowledge receipt of the Claim in writing. A13.4 The ARTIST agrees that unless these written ARTICLE Al2 notices are provided, the ARTIST will have no SUBCONTRACTORS, SUCCESSORS AND ASSIGNS entitlement to additional time or compensation for such act, event or condition. The ARTIST shall in any case Al2.1 The CONTRACTING AGENCY must concur in continue diligent performance under this Agreement. the selection of any person or firm that may be engaged in performance of this Agreement to provide negotiable A13.5 The Claim shall specifically include the following: professional or technical services, products, etc., (vs. commodity items available to the general public in stores a. The act, event or condition giving rise to the at market prices). Claim; Al2.2 If this Agreement includes named firms or b. The provisions of the Agreement which apply to individuals, then such firms or individuals shall be the Claim and under which relief is provided; employed for the designated services, unless the Agreement is changed by Amendments. c. The item or items of project work affected and how they are affected; and, Al2.3 The ARTIST shall not assign, sublet or transfer any interest in this Agreement without the prior written d. The specific relief requested, including Contract consent of the CONTRACTING AGENCY. Time if applicable, and the basis upon which it was calculated. Al2.4 The ARTIST binds itself, its partners, its Subcontractors, assignees and legal representatives to A13.6 The Claim, in order to be valid, must not only this Agreement and to the successors, assignees and show that the ARTIST suffered damages or delay but that those conditions were actually a result of the act, ArtworkAgreement (January 2011) Appendix A,General Conditions Page4 of 7 event or condition complained of and that the Agreement A14.3 This Agreement may be changed only by written provides entitlement to relief to the ARTIST for such act, Amendment executed by both the CONTRACTING event, or condition. AGENCY and the ARTIST. A13.7 The Contract Manager reserves the right to make A14.4 All communications that affect this Agreement written requests to the ARTIST at any time for additional must be made or confirmed in writing and must be sent information that the ARTIST may possess relative to the to the addresses designated in this Agreement. Claim. The ARTIST agrees to provide the Contract Manager such additional information within 30 days of A14.5 The ARTIST on receiving final payment will receipt of such a request. Failure to furnish such execute a release, if required, in full of all Claims against additional information may be regarded as a waiver of the CONTRACTING AGENCY arising out of or by the Claim. reason of the services and work products furnished and under this Agreement. A13.8 If the Claim is not resolved by Agreement within 60 days of its receipt, the Contract Manager will issue a ARTICLE A15 written decision to the ARTIST. The ARTIST may appeal TAXES the Contract Manager's decision within 30 days to the A15.1 As a condition of performance of this Agreement, Contracting Officer. Any appeal must be in writing and p g must list the specific exceptions to the Contract the ARTIST shall pay all Federal, State and Local taxes Manager's decision including specific provisions of the incurred by the ARTIST and shall require their payment Agreement which the ARTIST intends to rely upon in his by any Subcontractor or any other persons in the appeal. performance of this Agreement. A13.9 The ARTIST shall certify that the Claim is made ARTICLE A16 GOVERNING LAW in good faith, that the supporting cost and pricing data are accurate and complete to the best of the ARTIST's A16.1 This Agreement is governed by the laws of the knowledge and belief, and that the amount requested State of Alaska and Federal and Local Laws and accurately reflects the adjustment to the Agreement for Ordinances applicable to the work performed. The which the ARTIST believes the CONTRACTING ARTIST shall be cognizant and shall at all times observe AGENCY is liable. and comply with such laws which in any manner affect those engaged or employed in the performance, or A13.10 The ARTIST will be furnished a written signed which in any way affects the manner of performance, of copy of the Contracting Officer's decision within 90 days, this Agreement. unless the Contracting Officer requests additional information. The Contracting Officer's decision is final A16.2 The ARTIST must comply with all applicable and conclusive unless fraudulent as to the Claim or laws, regulations, codes, ordinances and written unless, within 14 days of receipt of the decision, the directives issued by the Procurement Officer. In ARTIST delivers a written Notice of Appeal to the addition, the ARTIST must obtain applicable licenses Appeals Officer designated on Page 8 of this and permits and provide supervision, labor, and tools. Agreement. A16.3 The Alaska Department of Labor and Workforce A13.11 Procedures for appeals via Arbitration are Development, Wage and Hour Administration, must be covered in 2 AAC 16.950-989. notified in accordance with AS 36.05.010 and AS ARTICLE A14 36.5.30 if the cost of the construction exceeds EXTENT OF AGREEMENT $25,000. The ARTIST must comply with the requirements noted within the Department of Labor A14.1 This Agreement including appendices represents packet entitled"Laborers' the entire and integrated Agreement between the & Mechanics' Minimum Rates of Pay". To obtain a copy CONTRACTING AGENCY and the ARTIST and of the referenced packet, contact the Procurement supersedes all prior negotiations, representations or Agency or the Department of Labor. Agreements, written or oral. ARTICLE A17 A14.2 Nothing contained herein may be deemed to SUMMARY OF WORK create any contractual relationship between the A17.1 The ARTIST shall finalize design of the Work of CONTRACTING AGENCY and any Subcontractors or Art that was proposed in response to the State's Call for material suppliers; nor may anything contained herein be Proposals (including any necessary professional deemed to give any third party Claim or right of action engineering design work) and then obtain the necessary against the CONTRACTING AGENCY or the ARTIST materials, construct the work, deliver it to the site, and which does not otherwise exist without this Agreement. install it in its intended location within the project (comply with construction licensure requirements relevant to those portions of the installation work governed by law or ArtworkAgreement (January 2011) Appendix A.General Conditions Page 5 of 7 regulation). (Copies of both the Call and the Proposal shall be entitled to coverage to the extent of such higher are incorporated into this Agreement by reference.) limits. Certificates of insurance must be furnished to the CONTRACTING AGENCY and incorporated into this A17.2 The ARTIST shall remedy all defects in materials Agreement with copies attached to this document. or workmanship that develop within a period of one year Certificates must provide for the CONTRACTING from the date of final payment. AGENCY to receive notice of any policy cancellation or reduction per AS 21.36 Sections 210-310. Failure to A17.3 The ARTIST shall have sole responsibility for the furnish certificates of insurance or lapse of the policy is a means, methods, sequences, or procedures of material breach and grounds for termination of the construction and safety precautions related to the ARTIST's services and may preclude other Agreements Project. The ARTIST shall conduct all Work in such a between the ARTIST and the CONTRACTING manner that protects the public and State resources. AGENCY. ARTICLE A18 INDEMNIFICATION &INSURANCE A18.5 Worker's Compensation Insurance: The ARTIST shall provide and maintain, for all employees engaged in A18.1 The ARTIST shall indemnify, hold harmless, and work under this Agreement, coverage as required by AS defend the CONTRACTING AGENCY from and against 23.30.045, and; where applicable, any other statutory any claim of, or liability for negligent acts, errors or obligations including but not limited to Federal USL&H omissions of the ARTIST under this Agreement. The and Jones Act requirements. The policy(s) must waive ARTIST shall not be required to indemnify the subrogation against the State of Alaska. Worker's CONTRACTING AGENCY for a claim of, or liability for, Compensation Insurance is not required if the the independent negligence of the CONTRACTING ARTIST is an Independent Contractor, Sole AGENCY. If there is a claim of, or liability for, the joint Proprietor or Self-Employed Person having no negligent error or omission of the ARTIST and the employees in any sense of AS 23.30.045 (Artist and independent negligence of the CONTRACTING Project Manager to agree in advance and in writing). AGENCY, the indemnification and hold harmless obligation shall be apportioned on a comparative fault A18.6 Commercial General Liability Insurance: Such basis. "ARTIST' and "CONTRACTING AGENCY", as policy shall have minimum coverage limits of $300,000 used within this article, include the employees, agents combined single limit per occurrence or split limits of and other contractors who are directly responsible, $300,000 per person/$500,000 per occurrence. The respectively, to each. The term "Independent policy shall be written on an "occurrence" form and shall Negligence" is negligence other than in the not be written as a "claims-made" form unless CONTRACTING AGENCY's selection, administration, specifically reviewed and agreed to by the monitoring, or controlling of the ARTIST and in CONTRACTING AGENCY. Comprehensive or approving or accepting the ARTIST's Work. Commercial General Liability Insurance is not required if the general public and clients do not have A18.2 The ARTIST shall exercise that degree of skill, any business access to a place of business or home care and judgment commensurate with the professional office maintained by the Artist (Artist and Project standards for the services of a similar nature. When Manager to agree in advance and in writing). such standards are in dispute, a panel of three qualified impartial professionals objectively selected and A18.7 Comprehensive Automobile Liability Insurance: appointed by the Appeals Officer shall establish them. Such policy shall have minimum coverage bodily injury liability limits of $300,000 combined single limit per A18.3 The ARTIST shall correct, through re- occurrence or split limits of $300,000 per performance at its expense, any services which are person/$500,000 per occurrence. The policy shall cover deficient or defective because of the ARTIST's failure to all owned, hired and non-owned vehicles. In addition, it perform said services in accordance with professional shall have a minimum of $50,000 per occurrence standards, provided the CONTRACTING AGENCY has property damage liability limits. Comprehensive notified the ARTIST in writing within a reasonable time, Automobile Liability Insurance is not required if only not to exceed 60 days, of the discovery of any such public transportation, or a rented passenger vehicle deficiency during the performance of the services and with business use insurance, will be used to within 12 months of the date of final payment under this accomplish requirements of this Agreement (Artist Agreement. and Project Manager to agree in advance and in writing). A18.4 Without limiting the ARTIST's indemnification, it is ARTICLE A19 agreed that ARTIST shall purchase at its own expense ALASKA LICENSES/REGISTRATIONS and maintain in force at all times for the duration of this Agreement the following policies of insurance. Where A19.1 The ARTIST and all Subcontractors shall comply specific limits are shown, it is understood that they shall with the following applicable requirements of Alaska be the minimum acceptable limits. If the ARTIST's policy Statutes: contains higher limits, the CONTRACTING AGENCY ArtworkAgreement (January 2011) Appendix A,General Conditions Page 6 of 7 • c. Joint Ventures, regardless of type of services a. Alaska Business License (Form 08-070 issued provided, must be licensed/registered in the under AS 43.70) at the time designated for legal name of the Joint Venture as used in this opening (i.e., receipt) of proposals as required proposal (AS 43.70.020 and 43.70.110(4)) by AS 36.30.210(e) for ARTIST; and not later than five days after a Notice of Intent to Award as required by AS 36.30.210(a) and AS [For information about licensing, Offerors may 36.30.250(a)for all Subcontractors. contact the Alaska Department of Commerce and Economic Development, Division of Occupational b. Certificate of Incorporation (Alaska firms) or Licensing at P.O. Box 110806, Juneau, AK 99811- Certificate of Authorization for Foreign Firm 0806, or at Telephone(907)465-2550. ("Out-of-State" firms). All corporations, regardless of type of services provided, must have one of the certificates (AS 10.06.218 and other sections of Title 10.06 - Alaska Corporations Code). ArtworkAgreement (January 2011) Appendix A,General Conditions Page 7 of 7 SUPPLEMENTARY CONDITIONS KIB Project No: 10021 APPENDIX B Date Prepared: 07/12/13 MODIFICATIONS TO THE GENERAL CONDITIONS disruption to the CONTRACTING AGENCY'S construction contractor." The following supplements modify, change, delete from, add to Appendix A - General Conditions of this Artwork 8.5 Paragraph A5.1: Replace, "it considers Procurement Agreement. Where any article of the appropriate" with "mutually acceptable to the ARTIST General Conditions is modified, or Paragraph, and the CONTRACTING AGENCY Subparagraph, or Clause thereof is modified or deleted B.6 Paragraph A6.1: Add the following after (default by these Supplementary Conditions, the unaltered termination), "and the other party fails to procure within provisions of that Article, Paragraph, Subparagraph, or 10 days." Clause shall remain in effect. B.7 Paragraph A6.2: Add the following after (Any deletion or modification of the General Conditions reasonable expenses, "including storage". shall be approved "as to form" by the CONTRACTING A6.3: Add the following,B 8 Paragraph AGENCY's legal section, acknowledged in writing, and "However, included below.) the CONTRACTING AGENCY cannot complete the * * * artwork without the ARTIST. And no rights shall pass to the CONTRACTING AGENCY under Article A.11." Al Add KIB B.9 Paragraph A11.1: Replace paragraph with, "As A11.1 Replace"State"with Kodiak Island Borough (KIB) of Final Acceptance, the Kodiak Island Borough (KIB) A16 16.3 Replace$2000 with $25,000 shall own the Artwork. The Artist may donate one B.1 Definition A1.6: Replace, "materials required for drawing and plans for archival purposes. The KIB shall production of the Work of Art have been ordered only own models of the Artwork, created by the Artist (materials do not have to have actually been paid for)." pursuant to this Contract, if separately paid for. with"that fabricator contract has been executed." Copyright of the Artwork, including its design, shall be owned by the Artist, subject to the following provisions:" B.2 Add the following: "The ARTIST shall complete all work required under this Agreement no later than B.10 Paragraph A11.1 a: Add after 113(D) (3), "unless August 1-14, 2015 (after substantial completion of phase the artist has provided the CONTRACTING AGENCY 6 Area B." with a different address." B.3 Add the following: "Schedule: The ARTIST shall B.11 Paragraph A11.1 b: Add After the ARTIST shall meet the following constraints. "at his option" Work Schedule: 1. Installation-August 1-14, 2014. (after Phase 4 Tower substantial completion)2. Final B.12 Paragraph A11.1 e: Replace paragraph with, Completion—August 21, 2014(the above schedule "The ARTIST is aware of the waiveable rights of artists assumes the Artist installs the piece after construction is as authors of works of visual arts as set forth in the completed on the tower. At the Artist's option, the piece Visual Artists' Rights Act of 1990, as amended, and as could be installed during construction if is found to be in codified in Title 17 of the United States Code (Visual the best interests of the project). Rights Act). To the extent the Artwork would otherwise Payment Schedule: be protected by the Visual Artists' Rights Act and the ARTIST would otherwise be entitled to protection a. 10% upon execution of contract thereunder, the ARTIST expressly waives any and all b. 10% upon acceptance of final design, dimensions rights arising under the Visual Artists' Rights Act that and proposed placement of artwork on the site, would in any way prevent the owner of the facility in engineering and installation plans. which the art is installed from remodeling the facility in c. 20% upon receipt of materials by ARTIST any manner suitable to the owner, except as otherwise d. 30% when glass panels are completed to the stated in this Agreement. satisfaction of the Contract Manager. e. 30% when artwork is installed according to an B.13 Paragraph A11.1: Add Section h: "Except as installation work plan and is accepted by the Contract provided in e and g, the CONTRACTING AGENCY Manager agrees that it shall not intentionally alter or modify the Artwork." B.4 Add the following: "Coordination of on-site activities: The ARTIST shall coordinate its on-site B.14 Paragraph A11.1: Add Section is "The activities with the CONTRACTING AGENCY to minimize CONTRACTING AGENCY agrees to reasonably maintain the Artwork in accordance with maintenance instructions provided by the Artist and further agrees that (January 2011) Appendix A,Supplementary Conditions Page 1 of 2 repairs shall be made in accordance with conservation principles. The Artist shall be notified of any repair and given a reasonable opportunity to make such repairs at this option under the terms of a separate agreement." B.15 Deleted. B.16 Paragraph A16.2: Replace paragraph with, " The ARTIST must comply with all applicable laws, regulations, codes, and ordinances. The ARTIST must also comply with written directives issued by the Procurement Officer prior to commencement." 3.17 Paragraph A17.1, first sentence: Delete the clause, "(including any necessary professional engineering design work)" and Replace it with the following: "(including any necessary professional engineering design work related to the ARTIST'S scope of work)" B.18 Paragraph A17.1, first sentence Delete, "obtain the necessary materials, construct the work "and Replace with, "arrange for and supervise the fabrication of the Artwork, including materials and arrange to" B.19 Paragraph A17.1, Add the following to the end of the paragraph: "The ARTIST shall design and build: the sculpture's foundation and lighting system to illuminate the Art Work. The ARTIST shall furnish and install: lighting features, conduit and wiring from a power point provided by the CONTRACTING AGENCY, transformers, and incidental electrical work. The power point will consist of power cable and conduit terminating in a junction box at a location not more than 10 feet from the east edge of the sculpture. The ARTIST shall be responsible for all other Work required under this Agreement" B.20 Paragraph A17.3, Add to the end of the paragraph, "Notwithstanding, the CONTRACTING AGENCY shall prepare the site and provide electrical power as necessary for installation." B.21 Article A17, Add Paragraph A17.4, "The ARTIST shall provide lighting for the Artwork with consultation and approval of the CONTRACTING AGENCY." B.22 Paragraph A18.1, Add to the end of the paragraph, "The CONTRACTING AGENCY shall indemnify the ARTIST to the extent permitted by law from its own independent negligence following final acceptance of the Artwork. B.23 Paragraph 18.4, Add after CONTRACTING AGENCY in the fourth sentence, "by the ARTIST'S fabricator, shipper, installer and shall name the CONTRACTING AGENCY as insured" (January 2011) Appendix A,Supplementary Conditions Page 2 of 2 Budgst Form 4, ALASKA STATE COUJVCL ON THE ARTS PERCENT FOR ART PERCENT FOR ART PROJECT PROPOSAL BUDGET Kodiak Island Borough-KHS AIPP ARTIST NAmee(s) j yeri /r0/ SITE: #O 8f/O)2 eL'R Y/Al *)4cCt Materials and Supplies iNCaDES 4/4C'// j/e et63 $ s 300 /9GGI///i umi C�fifA////l+EL Artist Fee $ 9 DOO Assistant(s)/Vendor(s)Fees $ /OA Studio Cost or Rental(include utilities) $ /U, Production and/or Fabrication $ 'Qs° Insurance on work until Installation(in studio,during shipping, $ 3SO and at site) Tools and Equipment: Purchase $ Rental $ y/9 Depreciation $ /UIJ Travel $ /1)/4 Lodging $ /1)4 Crating/Shipping $ 9f 040 i Pre-Instal/la/ion/Site Preparation CC 43S CL ? /0MS $ 50.01 Installation $ r;1 32w Photographic Documentation Costs(required by contract) $ OD& Identification Signage/Plaque(s) $200 Lighting $ /VA Electrical Components Integral to the Work $ BUR Engineer Fees $ / OUv Designer Fees $ f ff Contingency $ y Ood TpTAL $ .800 This proposal budget sheet is intended as an overview of art project expenses.Costs may be estimated based on recent professional experience and/or research. Please do not provide copies of vendor estimates with this budget. • If commissioned for proposed artwork,artists will be asked to submit a revised working budget that may include current vendor estimates. • Please complete this budget electronically if possible. Neat handwritten copies are acceptable. • Line items can be added by selecting Table,Insert,Rows on the Microsoft Office Word toolbar. • Do not delete line items,instead use N/A if line items do not apply to your proposal. If you have questions about this budget,please e-mail andrea.noble-pelant(&alasko.aov and confirm your request for information by calling 907-269-6605 or toil free in Alaska 1-888-278-7424. /North Star Art Glass, Inc. Kathy Bradford DISTINCTIVE GLASS ART 142 WICHITA Stained,Etched,Fused&Slumped LYONS,CO 80540 Corrie Nash (303)823-6511 Kodiak High School http://www.k-bradford.com/glass Kodiak Island Borough Engineering/Facilities Department 710 Mill Bay Road Kodiak,AK 99615 2-7-13 Site 8 - Redesign for Curtain Wall @ Student Stair Hello Corrie, Please find a new design for the curtain wall art glass as well as the budget form. I have worked and reworked this in order to try to meet your desired budget, but I'm still a little off. There are a few items I am questioning at this point and perhaps, in the long run, I will not have to take such a big loss on my end if I can get a little help from your end. Here are some examples in the budget that may change: Materials and Supplies: I have inflated these costs slightly to account for the advanced time frame. Of course, it is impossible at this time to know exactly what the glass and aluminum will cost. Artist Fee: I have cut this in half(Ouch!) Insurance: This is a middle of the road cost but my insurance agent will not insure the work after it has been received on location. Perhaps we can get it installed immediately after arrival to avoid any problems. Crating and Shipping: Crating remains constant even though I know the cost of wood supplies will go up dramatically and so will the shipping. I hope the contingency will cover it. Site preparation: I am fixing this at$500 but I have no idea if this will apply.The installed glass will need to be carefully cleaned before installing the art glass. Maybe the installers will just do this- I don't know. Installation: This is a big one. My local glazier thinks the installation may be twice this figure.This is a place that maybe we could get a little help from the glazier on site as I would employ them to do the installation.Sometimes, the site glaziers will work withtlte client since they are on location anyway.This figure has me the most worried. Engineer Fees: Here is another place you might be able to help. Engineers have charged me anywhere from $1,500 to free. I never know.The committee from the last Public Art project I did worked with an engineer who supported the arts and he didn't charge me anything.If that happened we could trim the bottom line. Contingency: As you can see, I slashed this figure as well. I know it is against procedure to leave some of these doors open regarding the budget,but because of the advanced time frame, this is the best I can do. Give me a call with your thoughts if this will not work. I hope you will be happy with the new design and let me know what else I can do. Thank you, Kathy B adford Corrie Nash From: Kathy Sent: Tuesday, February 12, 2013 10:36 AM To: Corrie Nash Subject: Re: KHS art Follow Up Flag: Follow up Flag Status: Flagged Hi Corrie, Unfortunately, I came across an omission on the cost of the Diachroic glass which amounts to about $900, BUT at this point, I hope to pick up that loss down the road and I just won't worry about it. I also bid the shipping at$2,000 but it's actually$2,900. (This figure will also probably change) However, there are smaller panels involved that I can double up in crates which will save in crating and a little in shipping. If we can get help with the installation and engineering, I'll probably be fine. The square footage for the original design is 395.75 Sq.Ft. The new design is 258.5 Sq.Ft., a savings of 137.25 Sq.Ft. (395.75 divided by three is 131.9 -pretty close to a third.)Therefore,the new design is roughly 2/3rds the size of the original. Here's another way for your committee to look at it. The original design is approximately 56 Ft. high. The new design is approximately 39 Ft. high- a little over 2/3rds. I hope this will be helpful but feel free to call with anything else if you need. I'm happy to change things in order to make it all work. I think it will be a strong design no matter what. I'll look forward to your committee's comments. Thanks, Kathy Bradford On Feb 11, 2013, at 3:17 PM, Corrie Nash wrote: Hi Kathy, I received your revised proposal today via KIB. Thank you for getting right on this. My overall concern,that I believe the committee will be curious about, it appears,for$10K less than your original budget,we are getting half the arch. I definitely like the concept of pulling it down a little further, as shown with an asterisk,what kind of$$are we looking at here. I have both proposals sitting side by side,and it appears that maybe in the new design the panels being address are bigger or the arch is thicker? I just need a little more explanation so I can present this in the proper fashion. Thank you. Corrie Suh Nash,LEED AP Jensen Yorba Lott,Inc. 522 West 10th Street Juneau,AK 99801 907.789.4524 • ____________.___..i...._•_"."_........, I\41-.4-• i • \ : I PY ._....._ `, • ',.1/4 lit, 1 i \ \k, H ,k ,•.• ‘.. • I : • _:\ ', ..• ' I . 1 i 1•:1 i ''...■;, %1 1'1 1 • . . ,N,\, I ■• - ' • •I' • . , . . • • , 1 ., . . . • ' . , „A • .• i , •,, ., . . i . . . • ,,, k'(•Let.;:-...1 . , . . . . . , . • . ,;,..--i .;•,./A-t ;/' I/ 6 , • . , , : :,,,,,, ,••• , , -- •• . ..., ..-• • • . , . . , . . • i • • ! • • • • . ! • • i • , . • • . • I • • . . . , • • • , . . : . . . . • . 1 • . . ' ' f • . : . . i . . . ; • • ' 7 ' Z-N1 A\ ' ' _ .• /' 1 \ • ...-'' . , / . ! \\ i i (fir 4, , ,,, 1,/ L 1 • I • ; 1 I A . Hs /\.. , / \ ,ti, \\iv ' 11 I // • 't4 CO fi' l li \\ / 04 i \/ ! 1 1 , „ I ! I : 1 • I : i I I ,.:0'• r--ir - i -w.vriclinat 1 ' ,r . . , / -..,' -.A. .,..i/f.;•2• i r"'g..,it7.. •I I l''j . 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II : a L -� . - x.14• -. ii ., CIF �± �� st - I I l-- LJ 1's' /4 . i t t, t ;; ;,, ii_ _id_ .1 1.frrit , ; \ ,.. j r . f\ , 4 I; • - 4- ' ( • 1. .r. t1r7T ■ ``f - `J 1 I� _ , ' 1- I : it (3;7 le v 7, a i 4y ..0: r_ ARTWORK PROCUREMENT Agreement No: KIB Project No:10021 AGREEMENT Project Title: KHS ADDITION & RENOVATION To this Agreement between KODIAK ISLAND BOROUGH hereafter the CONTRACTING AGENCY, and MARK J WITTEVEEN hereafter the ARTIST(Artist), effective on the last date executed by its parties, in consideration of the terms, conditions and promises of Articles 1 through 7 in this document, the parties hereby agree. ARTIST Signature: Signature: Name: Mark J Witteveen Date Name: Date Title: Title: CONTRACTING AGENCY Contract Manager Contracting Officer Signature: Signature: Name: Jessica Wolfe Date Name: Charles E. Cassidy, Jr. Date Title: Project Manager Title: Borough Manager ARTICLE 1 - PURPOSE 1.1 Procurement of a professionally designed, constructed, and installed Interior Work of Art, Site 9, Interior Fire Wall ARTICLE 2 -COMPENSATION 2.1 The fixed price payable under this Agreement shall be: Thirty Thousand and No/100 Dollars. ($30,000.00) USD 2.2 The CONTRACTING AGENCY will make progress payments to the ARTIST, upon receipt of acceptable invoices for services and any supporting documentation requested by the Project Manager, in accordance with the following schedule[note: percentages may only be adjusted from this standard via specific language in Article 8 on a contract-by- contract basis prior to execution]: a. 10%upon execution of contract b. 10% upon acceptance of final design, dimensions and proposed placement of artwork on the site, and installation plans. c. 20% upon receipt of materials by ARTIST d. 30% upon acceptance by Contract Manager of fabricated artwork. e. 30% upon Contract Manager acceptance of completely installed artwork, required photographic documentation, completed Catalog Worksheet(Attachment"C"). 2.3 The CONTRACTING AGENCY will make final payment to the ARTIST following approval of completion of all Work. Total payment of all Material Suppliers and Subcontractors and satisfactory compliance with Article Al 5-Taxes, are conditions precedent to final payment. Liens or other claims relating to the Project may be withheld from final payment if written notice is first given to the ARTIST. Acceptance of the final payment will constitute the ARTIST's waiver of future claims. Artwork Agreement (January 2011)Agreement Page 1 of 2 ARTICLE 3-PERIOD OF PERFORMANCE 3.1 ARTIST shall commence services under this Agreement as authorized by written Notice(s) to Proceed and shall complete the services in accordance with any time schedule required by Appendices. This Agreement is of no force or effect until executed by the ARTIST and the CONTRACTING AGENCY and no services shall be undertaken or performed until a Notice to Proceed is issued. 3.2 The Period of Performance under this Agreement shall end: August 1-14, 2015 (after substantial completion of phase 6 Area B) ARTICLE 4—APPENDICES 4.1 The following Appendices are attached to this document and incorporated herein: Appendix Title Date Prepared No. Pages A General Conditions July, 2013 7 B Supplementary Conditions July, 2013 2 ARTICLE 5 -CONTRACTING AGENCY DATA Office Address Street: 711 Mill Bay Road Appeals Officer: PO Box: City, State, Zip: Kodiak, AK 99615 Authorization: Phone-Voice: 486-9210 Phone-FAX: 486-9347 Funding Source: ARTICLE 6 -ARTIST DATA Manager: Mark J Wtteveen Alaska Business License No.: Title: Federal Tax Identification No.: 574.34.8735 Office Address Type of Firm Street: 11542 Kalsin Drive ❑ Individual ❑ Partnership PO Box: City, State, Zip: Kodiak,AK 99615 ❑ Corporation in state of: Alaska Phone-Voice: (907) 942-2233 email: markjwitt@hotmail.com ❑ Other(specify): ARTICLE 7 -SUBCONTRACTORS 7.1 ARTIST shall perform all services required under this Agreement except as may be performed by the Subcontractors listed below. Type of Service Subcontractor Artwork Agreement (January 2011)Agreement Page 2 of 2 GENERALCONDITIONS APPENDIX A INDEX A1.8 ARTIST - The firm (person or any business combination) who executes this Agreement and provides Article Number and Title services. Al Definitions A1.9 ARTISTs Manager - The ARTIST's A2 Occupational Safety and Health representative in responsible charge of the work, directly A3 Changes answerable for the required services, and the A4 Audits and Records CONTRACTING AGENCY's primary point of contact A5 CONTRACTING AGENCY Inspections with the ARTIST. A6 Termination or Suspension A7 Officials Not to Benefit A1.10 Notice to Proceed (NTP) - Written authorization A8 Independent CONTRACTOR from the CONTRACTING AGENCY to the ARTIST to A9 Proselytizing provide all or specified services in accordance with an Al 0 Precedence of Documents existing Agreement. All Ownership of Work of Art Al2 Subcontractors Successors and Assigns A1.11 Contract Manager - CONTRACTING AGENCY's A13 Claims and Disputes representative and the ARTIST's primary point of contact A14 Extent of Agreement with the CONTRACTING AGENCY. A15 Taxes A16 Governing Law A1.12 Summary of Work - Services and work products required of the ARTIST by this Agreement. ARTICLE Al DEFINITIONS A1.13 Subcontractor — A person or firm engaged to provide a portion of the Summary of Work by A1.1 Additional or Extra Services - Services, work subcontract with the ARTIST (does not include products or actions required of the ARTIST above and employees of the ARTIST). beyond provisions of the Agreement. ARTICLE A2 A1.2 Amendment - A written change to this OCCUPATIONAL SAFETY AND HEALTH Agreement. A2.1 The ARTIST and its Subcontractors shall observe A1.3 Appeals Officer - The designated individual or a and comply with the Federal Occupational Safety and duly appointed successor whose decisions constitute the Health act of 1970 and with all safety and health exhaustion of contractual and administrative alternatives standards promulgated by the Secretary of Labor under for resolution of Claims and disputes. authority thereof and with all State of Alaska Occupational Safety and Health Laws and regulations. A1.4 KIB — The Kodiak Island Borough. A designated representative of this agency will be the Contract ARTICLE A3 Manager, administering this Agreement and ensuring CHANGES the production of a quality Work of Art by the Artist. A3.1 Changes (including "Supplemental Agreements") A1.5 Change - A revision in services, complexity, in the period of performance, general conditions, character, or duration of the services or provisions of this statement of services, or other provisions established by Agreement. this Agreement may be made by written Amendment only. If such changes cause an increase or a decrease A1.6 Commencement — Artist has completed the final in the ARTIST's cost, an equitable adjustment shall be design and demonstrates that materials required for made and specified in the Amendment. The ARTIST production of the Work of Art have been ordered shall not perform any additional or extra services prior to (materials do not have to have actually been paid for). receiving a fully executed copy of an Amendment and a Notice to Proceed, except as the ARTIST may be A1.7 Contracting Officer - The individual or a duly directed under the provisions of Article A13 - Claims and appointed successor designated as the official Disputes. representative to administer contracts for the CONTRACTING AGENCY. A3.2 If at any time the CONTRACTING AGENCY through its authorized representatives, either verbally or in writing, requests or issues instructions for Additional or Extra Services or otherwise directs actions which ArtworkAgreement (January 2011) Appendix A,General Conditions Page 1 of 7 conflict with any provision of this Agreement, the ARTICLE A6 ARTIST shall, within 30 days of receipt and prior to TERMINATION OR SUSPENSION pursuing such instructions, so notify the CONTRACTING AGENCY in writing, and to the extent possible, describe A6.1 This Agreement may be terminated by either the services and estimated cost of any Additional or party upon 10 days written notice if the other party fails Extra Services. The CONTRACTING AGENCY will then substantially to perform in accordance with its terms evaluate and, if appropriate, negotiate an Amendment. through no fault of the party initiating the termination Unless so notified by the ARTIST, the CONTRACTING (default termination). If the CONTRACTING AGENCY AGENCY may assume such instructions have not terminates this Agreement, the CONTRACTING changed any provisions of this Agreement nor require AGENCY will pay the ARTIST a sum equal to the additional compensation. No additional payments shall percentage of work completed that can be substantiated be made to the ARTIST without such notice. in whole or in part either by the ARTIST to the satisfaction of the CONTRACTING AGENCY or by the ARTICLE A4 CONTRACTING AGENCY. If the CONTRACTING AUDITS AND RECORDS AGENCY becomes aware of any non-conformance with this Agreement by the ARTIST, the CONTRACTING A4.1 The ARTIST shall maintain records of AGENCY will give prompt written notice thereof to the performances, communications, documents, ARTIST. Should the ARTIST's services remain in non- correspondence and costs pertinent to this Agreement conformance, the percentage of total compensation and the CONTRACTING AGENCY's authorized attributable to the nonconforming work may be withheld. representatives shall have the right to examine such records and accounting procedures and practices. A6.2 The CONTRACTING AGENCY may at any time terminate (convenience termination) or suspend this A4.2 The CONTRACTING AGENCY's authorized Agreement for its needs or convenience. In the event of representatives shall have the right to examine all books, a convenience termination, or suspension for more than records, documents and other data of the ARTIST 3 months, the ARTIST will be compensated for related to the negotiation, pricing and performance of authorized services and authorized expenditures this Agreement and any modification or change for the performed to the date of receipt of written notice of purpose of evaluating the accuracy, completeness and termination or suspension plus reasonable expenses. No currency of the data submitted. The right of examination fee or other compensation for the uncompleted portion of shall extend to all documents necessary to permit the services will be paid except for already incurred adequate evaluation of the data, computations and indirect costs which the ARTIST can establish and which projections used. would have been compensated for over the life of this Agreement, but because of the termination or A4.3 The materials described in this article shall be suspension would have to be absorbed by the ARTIST made available at a business office of the ARTIST at all without further compensation. reasonable times for inspection, audit or reproduction, for a minimum of 3 years from the date of any resulting A6.3 In the event of termination or suspension, the final settlement. ARTIST shall deliver all work products, reports, estimates, schedules and other documents and data a. If this Agreement is completely or partially prepared pursuant to this Agreement to the terminated, records relating to the services CONTRACTING AGENCY. terminated shall be made available for a minimum of 3 years from the date of any ARTICLE A7 resulting final settlement. OFFICIALS NOT TO BENEFIT b. Records which relate to appeals under Article A7.1 No member of or delegate to Congress, United A13 - Claims and Disputes, or litigation or the States Commissioner or other officials of the Federal, settlement of Claims arising out of the State, Political subdivision or Local Government shall be performance of this Agreement shall be made admitted to any share or part of this Agreement or any available until such appeals, litigation or Claims benefit to arise therefrom. have been concluded. ARTICLE A8 ARTICLE AS INDEPENDENT CONTRACTOR CONTRACTING AGENCY INSPECTIONS A8.1 The ARTIST and its agents and employees shall A5.1 The CONTRACTING AGENCY has the right to act in an independent capacity and not as officers, inspect, in the manner and at reasonable times it agents, or employees of the CONTRACTING AGENCY considers appropriate during the period of this in the performance of this Agreement. Agreement, all facilities and activities of the ARTIST as may be engaged in the performance of this Agreement. A8.2 Any and all employees of the ARTIST, while engaged in the performance of any work or services ArtworkAgreement (January 2011) Appendix A,General Conditions Page 2 of 7 required by the ARTIST under this Agreement, shall be Artist under this Contract. However, copyright of the considered employees of the ARTIST only and not of the Artwork, including its design, shall be owned by the CONTRACTING AGENCY and any and all Claims that Artist, subject to the following provisions: may or might arise under the Worker's Compensation Act on behalf of said employees, while so engaged and a. The State may display the Artwork in any place any and all Claims made by a third party as a and manner, so long as the integrity of the consequence of any negligent act or omission on the Artwork is not violated. Except for temporary part of the ARTIST's employees, while so engaged on relocations reasonably anticipated to last less any of the services to be rendered herein, shall be the than 180 days or relocations caused by sole obligation and responsibility of the ARTIST. emergencies or to protect the public from imminent harm, prior to the relocation of the A8.3 This Agreement will be declared null and void Artwork which may become necessary during should the CONTRACTING AGENCY determine that by the Artist's life, the State shall, first send notice Internal Revenue Service definitions the ARTIST is an of the relocation by registered mail to the Artist employee of the CONTRACTING AGENCY. at the most recent address of the Artist that was recorded in the system of records established by ARTICLE A9 the Register of Copyrights pursuant to 17 U.S.C. PROSELYTIZING 113(D)(3). If the relocation will result in the destruction of the artwork, the notice shall A9.1 The ARTIST agrees that it will not engage on a specify that the Artist shall have 95 days from full or part time basis, during the period of this the date the notice was mailed to remove the Agreement, any person or persons who are or have artwork at the Artist's sole expense. This been employed by the CONTRACTING AGENCY during paragraph does not diminish the ultimate right of the period of this Agreement or during the 90 days the State to remove and relocate, to store or immediately preceding the date of this Agreement otherwise discontinue display, or to take any except those who have been regularly retired or other action described in Para. E, below. approved in writing by the CONTRACTING AGENCY. ARTICLE A10 b. The Artist shall deliver the final model of the PRECEDENCE OF DOCUMENTS Artwork created pursuant to this Contract to the State and agrees that it will not recreate such A10.1 Components of this Agreement shall stand and drawing, models or the completed Artwork for prevail in the following order: Agreement over another person or organization. Supplemental Conditions; Supplemental Conditions over General Conditions; General c. The State may photograph or otherwise Conditions over Summary of Work; Summary of Work reproduce the Artwork for documentary or over Compensation; Compensation over any archival purposes, or for use in information appendices. publications, so long as no monetary gain is realized directly for such use A10.2 If a "Request for Proposal" (RFP) and/or a proposal are appended to this Agreement, the d. The Artist shall be entitled to retain and utilize components described in paragraph 4.11.1 shall stand copies of the drawings and models, including and prevail over the proposal and the proposal over the photographs of the Artwork, for the Artist's own RFP. exhibitions. The Artist shall further be entitled to reproduce such drawings, models and A10.3 These terms, conditions and requirements apply photographs for use in the portfolio and in books to the Contract Documents describing the Work for the and publications about the Artwork, and to Project. If any provision of these Contract Documents is exercise all other reproduction rights provided declared by a court to be illegal or in conflict with any under the United States copyright laws, except law, the validity of the remaining provisions and the as otherwise restricted by this Contract. ensuing rights and obligations of the Parties to the contract shall not be affected. e. The Artist is aware of the waiveable rights of artists as authors of works of visual arts as set ARTICLE All forth in the Visual Artists' Rights Act of 1990, as OWNERSHIP OF WORK OF ART amended, and as codified in Title 17 of the United States Code (Visual Rights Act). To the A11.1 As of Final Acceptance, the State shall own the extent the Artwork would otherwise be protected Artwork, together with all drawings and models of the by the Visual Artists' Rights Act and the Artist Artwork, created by the Artist pursuant to this Contract. would otherwise be entitled to protection Prior to Final Acceptance, the State shall have, at its thereunder, the Artist expressly waives any and option, that percentage ownership interest in the artwork, all rights arising under the Visual Artists' Rights and in all materials, designs and efforts under this Act, except as otherwise stated in this contract, Contract, equivalent to that percentage of their fair market value that the State has at any time paid to the ArtworkAgreement (January 2011) Appendix A,General Conditions Page 3 of 7 that would in any way prevent the owner of the legal representatives of the CONTRACTING AGENCY facility in which the art is installed from with respect to all covenants of this Agreement. remodeling the facility in any manner suitable to the owner, except as otherwise stated in this Al2.5 The ARTIST shall include provisions appropriate provision, and waives any rights arising under to effectuate the purposes of this Agreement in all United States or Canadian federal, state or subcontracts executed to perform services under this provincial law or under the laws of any other Agreement that may exceed a cost of$25,000. country that conveys rights of the same nature as those conveyed under the Visual Artists' ARTICLE A13 Rights Act or any other type of moral right or CLAIMS AND DISPUTES droit moral with respect to the Artwork for any and all uses in which either the attribution or the A13.1 If.the ARTIST becomes aware of any act or integrity right may be implicated including, occurrence that may form the basis of a Claim by the without limitation, the removal, relocation, ARTIST for additional compensation or an extension of destruction, distortion, mutilation or other time for performance, or if any dispute arises regarding a modification of all or any portion of the Artwork question of fact or interpretation of this Agreement, the as deemed necessary or desirable by the State, ARTIST shall immediately inform the Contract Manager. except as otherwise stated in this contract. If the matter cannot be resolved within 7 days, the ARTIST shall, within the next 14 days, submit its "Intent f. The Artist does not waive rights arising under to Claim"in writing to the Contract Manager. the Visual Artists' Rights Act should the owner of the facility seek to remove the Artwork due to A13.2 If the ARTIST believes additional compensation political controversy over the aesthetics of, is warranted, the ARTIST shall immediately begin to content of, or views perceived to be expressed keep and maintain complete, accurate and specific daily by the Artwork. records concerning every detail of the potential Claim including actual costs incurred. The ARTIST shall give g. The Artist expressly recognizes and the CONTRACTING AGENCY access to any such acknowledges that the construction and nature record and, when so requested, shall forthwith furnish of the Artwork may subject the Artwork to the CONTRACTING AGENCY copies thereof. destruction, distortion, mutilation or other Equipment costs shall be based on the ARTIST's modification by reason of removal or relocation internal rates for ownership, depreciation, and operating of all or any portion of the Artwork or by expenses and not on published rental rates. destruction of or modification to the building in A13.3 The Claim, if not resolved, shall be presented to which it is installed. In such case, as described in this provision, the Artwork shall no longer be the Contract Manager, in writing, within 60 days represented to be the work of the Artist without following receipt of the "Intent to Claim". The Contract the written consent of the Artist. Manager will acknowledge receipt of the Claim in writing. A13.4 The ARTIST agrees that unless these written ARTICLE Al2 notices are provided, the ARTIST will have no SUBCONTRACTORS, SUCCESSORS AND ASSIGNS entitlement to additional time or compensation for such act, event or condition. The ARTIST shall in any case Al2.1 The CONTRACTING AGENCY must concur in continue diligent performance under this Agreement. the selection of any person or firm that may be engaged in performance of this Agreement to provide negotiable A13.5 The Claim shall specifically include the following: professional or technical services, products, etc., (vs. commodity items available to the general public in stores a. The act, event or condition giving rise to the at market prices). Claim; Al2.2 If this Agreement includes named firms or b. The provisions of the Agreement which apply to individuals, then such firms or individuals shall be the Claim and under which relief is provided; employed for the designated services, unless the Agreement is changed by Amendments. c. The item or items of project work affected and how they are affected; and, Al2.3 The ARTIST shall not assign, sublet or transfer any interest in this Agreement without the prior written d. The specific relief requested, including Contract consent of the CONTRACTING AGENCY. Time if applicable, and the basis upon which it was calculated. Al2.4 The ARTIST binds itself, its partners, its Subcontractors, assignees and legal representatives to A13.6 The Claim, in order to be valid, must not only this Agreement and to the successors, assignees and show that the ARTIST suffered damages or delay but that those conditions were actually a result of the act, ArtworkAgreement (January 2011) Appendix A,General Conditions Page 4 of 7 event or condition complained of and that the Agreement A14.3 This Agreement may be changed only by written provides entitlement to relief to the ARTIST for such act, Amendment executed by both the CONTRACTING event, or condition. AGENCY and the ARTIST. A13.7 The Contract Manager reserves the right to make A14.4 All communications that affect this Agreement written requests to the ARTIST at any time for additional must be made or confirmed in writing and must be sent information that the ARTIST may possess relative to the to the addresses designated in this Agreement. Claim. The ARTIST agrees to provide the Contract Manager such additional information within 30 days of A14.5 The ARTIST on receiving final payment will receipt of such a request. Failure to furnish such execute a release, if required, in full of all Claims against additional information may be regarded as a waiver of the CONTRACTING AGENCY arising out of or by the Claim. reason of the services and work products furnished and under this Agreement. A13.8 If the Claim is not resolved by Agreement within 60 days of its receipt, the Contract Manager will issue a ARTICLE A15 written decision to the ARTIST. The ARTIST may appeal TAXES the Contract Manager's decision within 30 days to the Contracting Officer. Any appeal must be in writing and A15.1 As a condition of performance of this Agreement, must list the specific exceptions to the Contract the ARTIST shall pay all Federal, State and Local taxes Manager's decision including specific provisions of the incurred by the ARTIST and shall require their payment Agreement which the ARTIST intends to rely upon in his by any Subcontractor or any other persons in the appeal. performance of this Agreement. A13.9 The ARTIST shall certify that the Claim is made ARTICLE A L GOVERNING AW L in good faith, that the supporting cost and pricing data are accurate and complete to the best of the ARTIST's A16.1 This Agreement is governed by the laws of the knowledge and belief, and that the amount requested State of Alaska and Federal and Local Laws and accurately reflects the adjustment to the Agreement for Ordinances applicable to the work performed. The which the ARTIST believes the CONTRACTING ARTIST shall be cognizant and shall at all times observe AGENCY is liable. and comply with such laws which in any manner affect those engaged or employed in the performance, or A13.10 The ARTIST will be furnished a written signed which in any way affects the manner of performance, of copy of the Contracting Officer's decision within 90 days, this Agreement. unless the Contracting Officer requests additional information. The Contracting Officer's decision is final A16.2 The ARTIST must comply with all applicable and conclusive unless fraudulent as to the Claim or laws, regulations, codes, ordinances and written unless, within 14 days of receipt of the decision, the directives issued by the Procurement Officer. In ARTIST delivers a written Notice of Appeal to the addition, the ARTIST must obtain applicable licenses Appeals Officer designated on Page 8 of this and permits and provide supervision, labor, and tools. Agreement. A16.3 The Alaska Department of Labor and Workforce A13.11 Procedures for appeals via Arbitration are Development, Wage and Hour Administration, must be covered in 2 MC 16.950-989. notified in accordance with AS 36.05.010 and AS ARTICLE A14 36.5.30 if the cost of the construction exceeds EXTENT OF AGREEMENT $25,000. The ARTIST must comply with the requirements noted within the Department of Labor A14.1 This Agreement including appendices represents packet entitled "Laborers' the entire and integrated Agreement between the & Mechanics' Minimum Rates of Pay". To obtain a copy CONTRACTING AGENCY and the ARTIST and of the referenced packet, contact the Procurement supersedes all prior negotiations, representations or Agency or the Department of Labor. Agreements, written or oral. ARTICLE A17 A14.2 Nothing contained herein may be deemed to SUMMARY OF WORK create any contractual relationship between the A17.1 The ARTIST shall finalize design of the Work of CONTRACTING AGENCY and any Subcontractors or Art that was proposed in response to the State's Call for material suppliers; nor may anything contained herein be Proposals (including any necessary professional deemed to give any third party Claim or right of action engineering design work) and then obtain the necessary against the CONTRACTING AGENCY or the ARTIST materials, construct the work, deliver it to the site, and which does not otherwise exist without this Agreement. install it in its intended location within the project (comply with construction licensure requirements relevant to those portions of the installation work governed by law or ArtworkAgreement (January 2011) Appendix A,General Conditions Page 5 of 7 regulation). (Copies of both the Call and the Proposal shall be entitled to coverage to the extent of such higher are incorporated into this Agreement by reference.) limits. Certificates of insurance must be furnished to the CONTRACTING AGENCY and incorporated into this A17.2 The ARTIST shall remedy all defects in materials Agreement with copies attached to this document. or workmanship that develop within a period of one year Certificates must provide for the CONTRACTING from the date of final payment. AGENCY to receive notice of any policy cancellation or reduction per AS 21.36 Sections 210-310. Failure to A17.3 The ARTIST shall have sole responsibility for the furnish certificates of insurance or lapse of the policy is a means, methods, sequences, or procedures of material breach and grounds for termination of the construction and safety precautions related to the ARTIST's services and may preclude other Agreements Project. The ARTIST shall conduct all Work in such a between the ARTIST and the CONTRACTING manner that protects the public and State resources. AGENCY. ARTICLE A18 INDEMNIFICATION &INSURANCE A18.5 Worker's Compensation Insurance: The ARTIST shall provide and maintain, for all employees engaged in A18.1 The ARTIST shall indemnify, hold harmless, and work under this Agreement, coverage as required by AS defend the CONTRACTING AGENCY from and against 23.30.045, and; where applicable, any other statutory any claim of, or liability for negligent acts, errors or obligations including but not limited to Federal USL&H omissions of the ARTIST under this Agreement. The and Jones Act requirements. The policy(s) must waive ARTIST shall not be required to indemnify the subrogation against the State of Alaska. Worker's CONTRACTING AGENCY for a claim of, or liability for, Compensation Insurance is not required if the the independent negligence of the CONTRACTING ARTIST is an Independent Contractor, Sole AGENCY. If there is a claim of, or liability for, the joint Proprietor or Self-Employed Person having no negligent error or omission of the ARTIST and the employees in any sense of AS 23.30.045 (Artist and independent negligence of the CONTRACTING Project Manager to agree in advance and in writing). AGENCY, the indemnification and hold harmless obligation shall be apportioned on a comparative fault A18.6 Commercial General Liability Insurance: Such basis. "ARTIST' and "CONTRACTING AGENCY", as policy shall have minimum coverage limits of $300,000 used within this article, include the employees, agents combined single limit per occurrence or split limits of and other contractors who are directly responsible, $300,000 per person/$500,000 per occurrence. The respectively, to each. The term "Independent policy shall be written on an "occurrence" form and shall Negligence" is negligence other than in the not be written as a "claims-made" form unless CONTRACTING AGENCY's selection, administration, specifically reviewed and agreed to by the monitoring, or controlling of the ARTIST and in CONTRACTING AGENCY. Comprehensive or approving or accepting the ARTIST's Work. Commercial General Liability Insurance is not required if the general public and clients do not have A18.2 The ARTIST shall exercise that degree of skill, any business access to a place of business or home care and judgment commensurate with the professional office maintained by the Artist (Artist and Project standards for the services of a similar nature. When Manager to agree in advance and in writing). such standards are in dispute, a panel of three qualified impartial professionals objectively selected and A18.7 Comprehensive Automobile Liability Insurance: appointed by the Appeals Officer shall establish them. Such policy shall have minimum coverage bodily injury liability limits of $300,000 combined single limit per A18.3 The ARTIST shall correct, through re- occurrence or split limits of $300,000 per performance at its expense, any services which are person/$500,000 per occurrence. The policy shall cover deficient or defective because of the ARTIST's failure to all owned, hired and non-owned vehicles. In addition, it perform said services in accordance with professional shall have a minimum of $50,000 per occurrence standards, provided the CONTRACTING AGENCY has property damage liability limits. Comprehensive notified the ARTIST in writing within a reasonable time, Automobile Liability Insurance is not required if only not to exceed 60 days, of the discovery of any such public transportation, or a rented passenger vehicle deficiency during the performance of the services and with business use insurance, will be used to within 12 months of the date of final payment under this accomplish requirements of this Agreement (Artist Agreement. and Project Manager to agree in advance and in writing). A18.4 Without limiting the ARTIST's indemnification, it is ARTICLE A19 agreed that ARTIST shall purchase at its own expense ALASKA LICENSES/REGISTRATIONS and maintain in force at all times for the duration of this Agreement the following policies of insurance. Where A19.1 The ARTIST and all Subcontractors shall comply specific limits are shown, it is understood that they shall with the following applicable requirements of Alaska be the minimum acceptable limits. If the ARTIST's policy Statutes: contains higher limits, the CONTRACTING AGENCY ArtworkAgreement (January 2011) Appendix A,General Conditions Page 6 of 7 c. Joint Ventures, regardless of type of services a. Alaska Business License (Form 08-070 issued provided, must be licensed/registered in the under AS 43.70) at the time designated for legal name of the Joint Venture as used in this opening (i.e., receipt) of proposals as required proposal (AS 43.70.020 and 43.70.110(4)) by AS 36.30.210(e) for ARTIST; and not later than five days after a Notice of Intent to Award as required by AS 36.30.210(a) and AS [For information about licensing, Offerors may 36.30.250(a)for all Subcontractors. contact the Alaska Department of Commerce and Economic Development, Division of Occupational b. Certificate of Incorporation (Alaska firms) or Licensing at P.O. Box 110806, Juneau, AK 99811- Certificate of Authorization for Foreign Firm 0806,or at Telephone(907)465-2550. ("Out-of-State" firms). All corporations, regardless of type of services provided, must have one of the certificates (AS 10.06.218 and other sections of Title 10.06 - Alaska Corporations Code). ArtworkAgreement (January 2011) Appendix A,General Conditions Page 7 of 7 SUPPLEMENTARY CONDITIONS KIB Project No: APPENDIX B Date Prepared: 07/12/13 MODIFICATIONS TO THE GENERAL CONDITIONS B.5 Paragraph A5.1: Replace, "it considers appropriate" with "mutually acceptable to the ARTIST The following supplements modify, change, delete from, and the CONTRACTING AGENCY add to Appendix A - General Conditions of this Artwork B.6 Paragraph A6.1: Add the following after (default Procurement Agreement. Where any article of the termination), "and the other party fails to procure within General Conditions is modified, or Paragraph, 10 days." Subparagraph, or Clause thereof is modified or deleted by these Supplementary Conditions, the unaltered B.7 Paragraph A6.2: Add the following after provisions of that Article, Paragraph, Subparagraph, or reasonable expenses, "including storage". Clause shall remain in effect. B.8 Paragraph A6.3: Add the following, "However, (Any deletion or modification of the General Conditions the CONTRACTING AGENCY cannot complete the shall be approved "as to form" by the CONTRACTING artwork without the ARTIST. And no rights shall pass to AGENCYS'S legal section, acknowledged in writing, and the CONTRACTING AGENCY under Article A.11." included below.) B.9 Paragraph A11.1: Replace paragraph with, "As * * * of Final Acceptance, the Kodiak Island Borough (KIB) Al Add KIB shall own the Artwork. The Artist may donate one A11.1 Replace"State"with Kodiak Island Borough (KIB) drawing and plans for archival purposes. The KIB shall A16 16.3 Replace$2000 with$25,000 only own models of the Artwork, created by the Artist pursuant to this Contract, if separately paid for. B.1 Definition A1.6: Replace, "materials required for Copyright of the Artwork, including its design, shall be production of the Work of Art have been ordered owned by the Artist, subject to the following provisions:" (materials do not have to have actually been paid for)." B.10 Paragraph A11.1 a: Add after 113(D) (3), "unless with"that fabricator contract has been executed." the artist has provided the CONTRACTING AGENCY B.2 Add the following: "The ARTIST shall complete with a different address." all work required under this Agreement no later than August 1-14, 2015 (after substantial completion of phase 8.11 Paragraph A11.1 b: Add After the ARTIST shall 6 Area B." "at his option" B.3 Add the following: "Schedule: The ARTIST shall B.12 Paragraph A11.1 e: Replace paragraph with, meet the following constraints. "The ARTIST is aware of the waiveable rights of artists Work Schedule: Installation of artwork:August 1-14, as authors of works of visual arts as set forth in the 2015 (After substantial completion of phase 6 Area B. Visual Artists' Rights Act of 1990, as amended, and as Payment Schedule: codified in Title 17 of the United States Code (Visual Rights Act). To the extent the Artwork would otherwise a. 10% upon execution of contract be protected by the Visual Artists' Rights Act and the ARTIST would otherwise be entitled to protection b. 10% upon acceptance of final design, dimensions and thereunder, the ARTIST expressly waives any and all proposed placement of artwork on the site, and rights arising under the Visual Artists' Rights Act that installation plans. would in any way prevent the owner of the facility in c. 20%upon receipt of materials by ARTIST which the art is installed from remodeling the facility in d. 30% upon acceptance by Contract Manager of any manner suitable to the owner, except as otherwise fabricated artwork, stated in this Agreement. e. 30% upon Contract Manager acceptance of B.13 Paragraph Al 1.1: Add Section h: "Except as completely installed artwork, required provided in e and g, the CONTRACTING AGENCY photographic documentation, completed Catalog agrees that it shall not intentionally alter or modify the Worksheet(Attachment "C'). Artwork." B.4 Add the following: "Coordination of on-site B.14 Paragraph A11.1: Add Section is "The activities: The ARTIST shall coordinate its on-site CONTRACTING AGENCY agrees to reasonably activities with the CONTRACTING AGENCY to minimize maintain the Artwork in accordance with maintenance disruption to the CONTRACTING AGENCY'S instructions provided by the Artist and further agrees that construction contractor." repairs shall be made in accordance with conservation principles. The Artist shall be notified of any repair and (January 2011) Appendix A,Supplementary Conditions Page 1 of 2 given a reasonable opportunity to make such repairs at this option under the terms of a separate agreement." B.15 Deleted. B.16 Paragraph A16.2: Replace paragraph with, " The ARTIST must comply with all applicable laws, regulations, codes, and ordinances. The ARTIST must also comply with written directives issued by the Procurement Officer prior to commencement." B.17 Paragraph A17.1, first sentence: Delete the clause, "(including any necessary professional engineering design work)" and Replace it with the following: "(including any necessary professional engineering design work related to the ARTIST'S scope of work)" B.18 Paragraph A17.1, first sentence Delete, "obtain the necessary materials, construct the work "and Replace with, "arrange for and supervise the fabrication of the Artwork, including materials and arrange to" B.19 Paragraph A17.1, Add the following to the end of the paragraph: "The ARTIST shall design and build: the sculpture's foundation and lighting system to illuminate the Art Work. The ARTIST shall furnish and install: lighting features, conduit and wiring from a power point provided by the CONTRACTING AGENCY, transformers, and incidental electrical work. The power point will consist of power cable and conduit terminating in a junction box at a location not more than 10 feet from the east edge of the sculpture. The ARTIST shall be responsible for all other Work required under this Agreement" 8.20 Paragraph A17.3, Add to the end of the paragraph, "Notwithstanding, the CONTRACTING AGENCY shall prepare the site and provide electrical power as necessary for installation." B.21 Article A17, Add Paragraph A17.4, "The ARTIST shall provide lighting for the Artwork with consultation and approval of the CONTRACTING AGENCY." B.22 Paragraph A18.1, Add to the end of the paragraph, "The CONTRACTING AGENCY shall indemnify the ARTIST to the extent permitted by law from its own independent negligence following final acceptance of the Artwork. B.23 Paragraph 18.4, Add after CONTRACTING AGENCY in the fourth sentence, "by the ARTIST'S fabricator, shipper, installer and shall name the CONTRACTING AGENCY as insured" (January 2011) Appendix A,Supplementary Conditions Page 2 of 2 Kodiak High School Art in Public Places Project Mark J. Witteveen 11542 Kalsin Drive Kodiak, AK 99615 markjwitt@hotmail.com (907) 942-2233 I Mark Witteveen—Site TBD. This proposal is for a wall-mounted metal map of the Kodiak Island Archipelago for the commons area in Kodiak High School (KHS). The map is approximately 12 feet tall and will be constructed with polished steel with brass lakes and rivers. Additional layers will be used to depict elevations on each island, similar to a topographical map. Each layer will be spaced '/" apart to create a fully three-dimensional sculpture. Accurate coastline and topographical details will allow observers to identify and relate to locations that are important to them. Concept This sculpture will bring a sense of identity and pride into KHS and celebrate the island that makes Kodiak a unique place to live. The familiar coastline will be something that both students and the community can relate to. Using metal to depict the Kodiak Island Archipelago will create depth and motion that will change its appearance as one's perspective changes. The reflective quality of the metal will brighten the room. Materials The sculpture will be made of sheet steel, welded to a steel frame bolted to the wall. Each elevation layer will be welded to a ''/4" spacer and welded to the elevation below from the backside so that no welds will be exposed. Brass sheet will be used to depict the larger lakes and rivers of Kodiak and will have studs welded to the back, so they can be bolted on to the map. All layers will be sprayed with polyurethane and sealed with ferric sculpture wax, creating a durable barrier to corrosion. Mounting Selected elevation contours will be removable to allow access to mounting holes in the basemap. This will expose mounting brackets made from "Z" shaped 1/4" steel welded to the back of the map through which drill-in-anchor bolts can be affixed to the wall in 10- 12 locations resulting in a low load for each individual fastener. The total weight of the map will be approximately 250 pounds, resulting in only approximately 25 pounds per fastener. Maintenance/Durability The sculpture is all metal and sealed against corrosion, therefore, the only maintenance that is necessary is periodic dusting. Since the metal has a smooth surface, compressed air is sufficient to remove dust. The sculpture will be durable as well and will be built to withstand the tough environment of high school students and the inevitable hall decorations and poster hangings. Since the artist is local, arranging maintenance can be easily accomplished. The sculpture colors will not fade and remain vibrant and the buffed metal will retain its depth and motion. Closing I appreciate the opportunity to submit this proposal and am excited about the prospect of developing artwork for such a beautiful facility. As a KITS alumnus, I feel a genuine ownership of this project and a profound responsibility to create something that our community can be proud of for many years to come. GO BEARS!! Respectfully, Mark J. Witteveen ALASKA STATE COUNCIL ON THE ARTS PERCENT FOR ART PERCENT FOR ART PROJECT PROPOSAL BUDGET Kodiak Island Borough—Kodiak High School ARTIST NAMES) MARX WITTEVEEN SITE: To be determined Materials and Supplies $4,000 Artist Fee $ 18,250 Assistant(s)Nendor(s)Fees $ 1,000 Studio Cost or Rental(include utilities) $0 Production and/or Fabrication $ 1,500 Insurance on work until Installation(in studio,during shipping, $ 550 and at site) Tools and Equipment: Purchase $ Rental $ 1,000 Depreciation $ Travel $0 Lodging $0 Crating/Shipping $500 Pre-Installation/Site Preparation $ Installation $ 1,500 Photographic Documentation Costs (required by contract) $500 Identification Signage/Plaque(s) $200 Lighting $0 Electrical Components Integral to the Work $0 Engineer Fees $ 0 Designer Fees $0 Contingency $ 1,000 TOTAL $30,000 PRODUCTION SCHEDULE Activity Time Material procurement 1 month Layout 2 months Basemap cutout/frame construction 1 month Elevation cutout/ fabrication %z month Sealant /z month Final assembly /<month Total 5'/amonths Installation 2-3 days ANTICIPATED CONCURRENT PROJECTS -Creation of sculpture for retail sale at four Alaska galleries and one Washington gallery -Participation in 2-3 Christmas holiday art shows during October through December in each year - Completion of Kodiak Community Pool 1% for Art project(March 2013) -No other significant projects are currently scheduled; however, I have submitted other proposals for I% for art projects CLEIENT REFERENCES Reference Project Contact Diane Louise Aurora Fine Art/Zoe's Window (907) 274 0235 Gallery owner retail sale/Custom art for US Army Medical facility Diane Kinney Port of Valdez Cruise ship dock (907) 835-4564 Port of Valdez Salmon sculpture(2 pieces- approx. Operations Manager 4' x 40' each) Jocelyn Young Public Art Project: Sculpture for (907) 250-0828 Curator of Public Art Veteran's Hospital Administration Municipality of Anchorage(Retired) ARTWORK PROCUREMENT Agreement No: AGREEMENT KIB Project No:10021 Project Title: KHS ADDITION &RENOVATION To this Agreement between KODIAK ISLAND BOROUGH hereafter the CONTRACTING AGENCY, Cathy Cordry hereafter the ARTIST(Artist), effective on the last date executed by its parties, in consideration of the terms,conditions and promises of Articles 1 through 7 in this document, the parties hereby agree. ARTIST Signature: Signature: Name: Cathy Cordry Date Name: Date Title: Title: CONTRACTING AGENCY Contract Manager Contracting Officer Signature: Signature: Name: Jessica Wolfe Date Name: Charles E. Cassidy, Jr. Date Title: Project Manager Title: Borough Manager ARTICLE 1 -PURPOSE 1.1 Procurement of a professionally designed, constructed, and installed wall mounted artwork in Administration and Counseling areas of Area B, Phase 6. ARTICLE 2 -COMPENSATION 2.1 The fixed price payable under this Agreement shall be: Four Thousand Nine Hundred Seventy Five and No/100 Dollars($4,975.00) USD. 2.2 The CONTRACTING AGENCY will make progress payments to the ARTIST, upon receipt of acceptable invoices for services and any supporting documentation requested by the Project Manager, in accordance with the following schedule [note: percentages may only be adjusted from this standard via specific language in Article 8 on a contract-by- contract basis prior to execution]: a. 10%upon execution of contract b. 30% upon acceptance of final design, dimensions and proposed placement of artwork on the site, engineering and installation plans. c. 20% upon receipt of materials by ARTIST d. 40%upon completion of the work according to an installation work plan and is accepted by the Contract Manager. 2.3 The CONTRACTING AGENCY will make final payment to the ARTIST following approval of completion of all Work. Total payment of all Material Suppliers and Subcontractors and satisfactory compliance with Article A15-Taxes, are conditions precedent to final payment. Liens or other claims relating to the Project may be withheld from final payment if written notice is first given to the ARTIST. Acceptance of the final payment will constitute the ARTIST's waiver of future claims. Artwork Agreement (January 2011)Agreement Page 1 of 2 ARTICLE 3- PERIOD OF PERFORMANCE 3.1 ARTIST shall commence services under this Agreement as authorized by written Notice(s) to Proceed and shall complete the services in accordance with any time schedule required by Appendices. This Agreement is of no force or effect until executed by the ARTIST and the CONTRACTING AGENCY and no services shall be undertaken or performed until a Notice to Proceed is issued. 3.2 The Period of Performance under this Agreement shall end: August 1 -14, 2015 (after substantial completion of Phase 6,Area B). ARTICLE 4—APPENDICES 4.1 The following Appendices are attached to this document and incorporated herein: Appendix Title Date Prepared No. Pages A General Conditions July, 2013 7 B Supplementary Conditions July, 2013 2 ARTICLE 5 -CONTRACTING AGENCY DATA Office Address Street: 711 Mill Bay Road Appeals Officer: PO Box: City, State, Zip: Kodiak,AK 99615 Authorization: Phone-Voice: 486-9210 Phone-FAX: 486-9347 Funding Source: ARTICLE 6 -ARTIST DATA Manager: Cathy Cordry Alaska Business License No.: Title: Federal Tax Identification No.: 503-54-4835 Office Address Type of Firm Street: 910 Mission Road ❑ Individual ❑ Partnership PO Box: City, State, Zip: Kodiak,AK 99615 ❑ Corporation in state of: Phone-Voice: 907-486-4199 ❑ Other(specify): ARTICLE 7 -SUBCONTRACTORS 7.1 ARTIST shall perform all services required under this Agreement except as may be performed by the Subcontractors listed below. Type of Service Subcontractor Artwork Agreement (January 2011)Agreement Page 2 of 2 GENERALCONDITIONS APPENDIX A INDEX A1.8 ARTIST - The firm (person or any business combination) who executes this Agreement and provides Article Number and Title services. Al Definitions A1.9 ARTIST's Manager - The ARTIST's A2 Occupational Safety and Health representative in responsible charge of the work, directly A3 Changes answerable for the required services, and the A4 Audits and Records CONTRACTING AGENCY's primary point of contact A5 CONTRACTING AGENCY Inspections with the ARTIST. A6 Termination or Suspension A7 Officials Not to Benefit A1.10 Notice to Proceed (NTP) - Written authorization AS Independent CONTRACTOR from the CONTRACTING AGENCY to the ARTIST to A9 Proselytizing provide all or specified services in accordance with an Al 0 Precedence of Documents existing Agreement. All Ownership of Work of Art Alt Subcontractors Successors and Assigns A1.11 Contract Manager - CONTRACTING AGENCY's A13 Claims and Disputes representative and the ARTIST's primary point of contact A14 Extent of Agreement with the CONTRACTING AGENCY. A15 Taxes A16 Governing Law A1.12 Summary of Work= Services and work products required of the ARTIST by this Agreement. ARTICLE Al DEFINITIONS A1.13 Subcontractor — A person or firm engaged to provide a portion of the Summary of Work by A1.1 Additional or Extra Services - Services, work subcontract with the ARTIST (does not include products or actions required of the ARTIST above and employees of the ARTIST). beyond provisions of the Agreement. ARTICLE A2 A1.2 Amendment - A written change to this OCCUPATIONAL SAFETY AND HEALTH Agreement. A2.1 The ARTIST and its Subcontractors shall observe A1.3 Appeals Officer - The designated individual or a and comply with the Federal Occupational Safety and duly appointed successor whose decisions constitute the Health act of 1970 and with all safety and health exhaustion of contractual and administrative alternatives standards promulgated by the Secretary of Labor under for resolution of Claims and disputes. authority thereof and with all State of Alaska Occupational Safety and Health Laws and regulations. A1.4 KIB — The Kodiak Island Borough. A designated dr representative of this agency will be the Contract ARTICLE A3 Manager, administering this Agreement and ensuring CHANGES the production of a quality Work of Art by the Artist. A3.1 Changes (including "Supplemental Agreements") A1.5 Change - A revision in services, complexity, in the period of performance, general conditions, character, or duration of the services or provisions of this statement of services, or other provisions established by Agreement. this Agreement may be made by written Amendment only. If such changes cause an increase or a decrease A1.6 Commencement — Artist has completed the final in the ARTIST's cost, an equitable adjustment shall be design and demonstrates that materials required for made and specified in the Amendment. The ARTIST production of the Work of Art have been ordered shall not perform any additional or extra services prior to (materials do not have to have actually been paid for). receiving a fully executed copy of an Amendment and a Notice to Proceed, except as the ARTIST may be A1.7 Contracting Officer - The individual or a duly directed under the provisions of Article Al3 - Claims and appointed successor designated as the official Disputes. representative to administer contracts for the CONTRACTING AGENCY. A3.2 If at any time the CONTRACTING AGENCY through its authorized representatives, either verbally or in writing, requests or issues instructions for Additional or Extra Services or otherwise directs actions which AriworkAgreement (January 2011) Appendix A,General Conditions Page 1 of 7 conflict with any provision of this Agreement, the ARTICLE A6 ARTIST shall, within 30 days of receipt and prior to TERMINATION OR SUSPENSION pursuing such instructions, so notify the CONTRACTING AGENCY in writing, and to the extent possible, describe A6.1 This Agreement may be terminated by either the services and estimated cost of any Additional or party upon 10 days written notice if the other party fails Extra Services. The CONTRACTING AGENCY will then substantially to perform in accordance with its terms evaluate and, if appropriate, negotiate an Amendment. through no fault of the party initiating the termination Unless so notified by the ARTIST, the CONTRACTING (default termination). If the CONTRACTING AGENCY AGENCY may assume such instructions have not terminates this Agreement, the CONTRACTING changed any provisions of this Agreement nor require AGENCY will pay the ARTIST a sum equal to the additional compensation. No additional payments shall percentage of work completed that can be substantiated be made to the ARTIST without such notice. in whole or in part either by the ARTIST to the satisfaction of the CONTRACTING AGENCY or by the ARTICLE A4 CONTRACTING AGENCY. If the CONTRACTING AUDITS AND RECORDS AGENCY becomes aware of any non-conformance with this Agreement by the ARTIST, the CONTRACTING A4.1 The ARTIST shall maintain records of AGENCY will give prompt written notice thereof to the performances, communications, documents, ARTIST. Should the ARTIST's services remain in non- correspondence and costs pertinent to this Agreement conformance, the percentage of total compensation and the CONTRACTING AGENCY's authorized attributable to the nonconforming work may be withheld. representatives shall have the right to examine such records and accounting procedures and practices. A6.2 The CONTRACTING AGENCY may at any time terminate (convenience termination) or suspend this A4.2 The CONTRACTING AGENCY's authorized Agreement for its needs or convenience. In the event of representatives shall have the right to examine all books, a convenience termination, or suspension for more than records, documents and other data of the ARTIST 3 months, the ARTIST will be compensated for related to the negotiation, pricing and performance of authorized services and authorized expenditures this Agreement and any modification or change for the performed to the date of receipt of written notice of purpose of evaluating the accuracy, completeness and termination or suspension plus reasonable expenses. No currency of the data submitted. The right of examination fee or other compensation for the uncompleted portion of shall extend to all documents necessary to permit the services will be paid except for already incurred adequate evaluation of the data, computations and indirect costs which the ARTIST can establish and which projections used. would have been compensated for over the life of this Agreement, but because of the termination or A4.3 The materials described in this article shall be suspension would have to be absorbed by the ARTIST made available at a business office of the ARTIST at all without further compensation. reasonable times for inspection, audit or reproduction, for a minimum of 3 years from the date of any resulting A6.3 In the event of termination or suspension, the final settlement. ARTIST shall deliver all work products, reports, estimates, schedules and other documents and data a. If this Agreement is completely or partially prepared pursuant to this Agreement to the terminated, records relating to the services CONTRACTING AGENCY. terminated shall be made available for a minimum of 3 years from the date of any ARTICLE A7 resulting final settlement. OFFICIALS NOT TO BENEFIT b. Records which relate to appeals under Article A7.1 No member of or delegate to Congress, United A13 - Claims and Disputes, or litigation or the States Commissioner or other officials of the Federal, settlement of Claims arising out of the State, Political subdivision or Local Government shall be performance of this Agreement shall be made admitted to any share or part of this Agreement or any available until such appeals, litigation or Claims benefit to arise therefrom. have been concluded. ARTICLE A8 ARTICLE AS INDEPENDENT CONTRACTOR CONTRACTING AGENCY INSPECTIONS A8.1 The ARTIST and its agents and employees shall A5.1 The CONTRACTING AGENCY has the right to act in an independent capacity and not as officers, inspect, in the manner and at reasonable times it agents, or employees of the CONTRACTING AGENCY considers appropriate during the period of this in the performance of this Agreement. Agreement, all facilities and activities of the ARTIST as may be engaged in the performance of this Agreement. A8.2 Any and all employees of the ARTIST, while engaged in the performance of any work or services ArtworkAgreement (January 2011) Appendix A,General Conditions Page 2 of 7 required by the ARTIST under this Agreement, shall be Artist under this Contract. However, copyright of the considered employees of the ARTIST only and not of the Artwork, including its design, shall be owned by the CONTRACTING AGENCY and any and all Claims that Artist, subject to the following provisions: may or might arise under the Worker's Compensation Act on behalf of said employees, while so engaged and a. The State may display the Artwork in any place any and all Claims made by a third party as a and manner, so long as the integrity of the consequence of any negligent act or omission on the Artwork is not violated. Except for temporary part of the ARTIST's employees, while so engaged on relocations reasonably anticipated to last less any of the services to be rendered herein, shall be the than 180 days or relocations caused by sole obligation and responsibility of the ARTIST. emergencies or to protect the public from imminent harm, prior to the relocation of the A8.3 This Agreement will be declared null and void Artwork which may become necessary during should the CONTRACTING AGENCY determine that by the Artist's life, the State shall, first send notice Internal Revenue Service definitions the ARTIST is an of the relocation by registered mail to the Artist employee of the CONTRACTING AGENCY. at the most recent address of the Artist that was recorded in the system of records established by ARTICLE A9 the Register of Copyrights pursuant to 17 U.S.C. PROSELYTIZING 113(D)(3). If the relocation will result in the agrees that it will not engage on a destruction of the artwork, the notice shall A9.1 The ARTIST a 9 specify that the Artist shall have 95 days from full or part time basis, during the period of this the date the notice was mailed to remove the Agreement, any person or persons who are or have artwork at the Artist's sole expense. This been employed by the CONTRACTING AGENCY during paragraph does not diminish the ultimate right of the period of this Agreement or during the 90 days the State to remove and relocate, to store or immediately preceding the date of this Agreement otherwise discontinue display, or to take any except those who have been regularly retired or other action described in Para. E, below. approved in writing by the CONTRACTING AGENCY. ARTICLE A10 b. The Artist shall deliver the final model of the PRECEDENCE OF DOCUMENTS Artwork created pursuant to this Contract to the State and agrees that it will not recreate such A10.1 Components of this Agreement shall stand and drawing, models or the completed Artwork for prevail in the following order: Agreement over another person or organization. Supplemental Conditions; Supplemental Conditions over General Conditions; General c. The State may photograph or otherwise Conditions over Summary of Work; Summary of Work reproduce the Artwork for documentary or over Compensation; Compensation over any archival purposes, or for use in information appendices. publications, so long as no monetary gain is realized directly for such use A10.2 If a "Request for Proposal" (RFP) and/or a proposal are appended to this Agreement, the d. The Artist shall be entitled to retain and utilize components described in paragraph 4.11.1 shall stand copies of the drawings and models, including and prevail over the proposal and the proposal over the photographs of the Artwork, for the Artist's own RFP. exhibitions. The Artist shall further be entitled to reproduce such drawings, models and A10.3 These terms, conditions and requirements apply photographs for use in the portfolio and in books to the Contract Documents describing the Work for the and publications about the Artwork, and to Project. If any provision of these Contract Documents is exercise all other reproduction rights provided declared by a court to be illegal or in conflict with any under the United States copyright laws, except law, the validity of the remaining provisions and the as otherwise restricted by this Contract. ensuing rights and obligations of the Parties to the contract shall not be affected. e. The Artist is aware of the waiveable rights of artists as authors of works of visual arts as set ARTICLE All forth in the Visual Artists' Rights Act of 1990, as OWNERSHIP OF WORK OF ART amended, and as codified in Title 17 of the United States Code (Visual Rights Act). To the A11.1 As of Final Acceptance, the State shall own the extent the Artwork would otherwise be protected Artwork, together with all drawings and models of the by the Visual Artists' Rights Act and the Artist Artwork, created by the Artist pursuant to this Contract. would otherwise be entitled to protection Prior to Final Acceptance, the State shall have, at its thereunder, the Artist expressly waives any and option, that percentage ownership interest in the artwork, all rights arising under the Visual Artists' Rights and in all materials, designs and efforts under this Act, except as otherwise stated in this contract, Contract, equivalent to that percentage of their fair market value that the State has at any time paid to the ArtworkAgreement (January 2011) Appendix A,General Conditions Page 3 of 7 that would in any way prevent the owner of the legal representatives of the CONTRACTING AGENCY facility in which the art is installed from with respect to all covenants of this Agreement. remodeling the facility in any manner suitable to the owner, except as otherwise stated in this Al2.5 The ARTIST shall include provisions appropriate provision, and waives any rights arising under to effectuate the purposes of this Agreement in all United States or Canadian federal, state or subcontracts executed to perform services under this provincial law or under the laws of any other Agreement that may exceed a cost of$25,000. country that conveys rights of the same nature as those conveyed under the Visual Artists' ARTICLE A13 Rights Act or any other type of moral right or CLAIMS AND DISPUTES droit moral with respect to the Artwork for any and all uses in which either the attribution or the A13.1 If the ARTIST becomes aware of any act or integrity right may be implicated including, occurrence that may form the basis of a Claim by the without limitation, the removal, relocation, ARTIST for additional compensation or an extension of destruction, distortion, mutilation or other time for performance, or if any dispute arises regarding a modification of all or any portion of the Artwork question of fact or interpretation of this Agreement, the as deemed necessary or desirable by the State, ARTIST shall immediately inform the Contract Manager. except as otherwise stated in this contract. If the matter cannot be resolved within 7 days, the ARTIST shall, within the next 14 days, submit its "Intent f. The Artist does not waive rights arising under to Claim"in writing to the Contract Manager. the Visual Artists' Rights Act should the owner of the facility seek to remove the Artwork due to A13.2 If the ARTIST believes additional compensation political controversy over the aesthetics of, is warranted, the ARTIST shall immediately begin to content of, or views perceived to be expressed keep and maintain complete, accurate and specific daily by the Artwork. records concerning every detail of the potential Claim including actual costs incurred. The ARTIST shall give g. The Artist expressly recognizes and the CONTRACTING AGENCY access to any such acknowledges that the construction and nature record and, when so requested, shall forthwith furnish of the Artwork may subject the Artwork to the CONTRACTING AGENCY copies thereof. destruction, distortion, mutilation or other Equipment costs shall be based on the ARTIST's modification by reason of removal or relocation internal rates for ownership, depreciation, and operating of all or any portion of the Artwork or by expenses and not on published rental rates. destruction of or modification to the building in which it is installed. In such case, as described A13.3 The Claim, if not resolved, shall be presented to in this provision, the Artwork shall no longer be the Contract Manager, in writing, within 60 days represented to be the work of the Artist without following receipt of the "Intent to Claim". The Contract the written consent of the Artist. Manager will acknowledge receipt of the Claim in writing. A13.4 The ARTIST agrees that unless these written ARTICLE Al2 notices are provided, the ARTIST will have no SUBCONTRACTORS, SUCCESSORS AND ASSIGNS entitlement to additional time or compensation for such act, event or condition. The ARTIST shall in any case Al2.1 The CONTRACTING AGENCY must concur in continue diligent performance under this Agreement. the selection of any person or firm that may be engaged in performance of this Agreement to provide negotiable A13.5 The Claim shall specifically include the following: professional or technical services, products, etc., (vs. commodity items available to the general public in stores a. The act, event or condition giving rise to the at market prices). Claim; Al2.2 If this Agreement includes named firms or b. The provisions of the Agreement which apply to individuals, then such firms or individuals shall be the Claim and under which relief is provided; employed for the designated services, unless the Agreement is changed by Amendments. c. The item or items of project work affected and how they are affected; and, Al2.3 The ARTIST shall not assign, sublet or transfer any interest in this Agreement without the prior written d. The specific relief requested, including Contract consent of the CONTRACTING AGENCY. Time if applicable, and the basis upon which it was calculated. Al2.4 The ARTIST binds itself, its partners, its Subcontractors, assignees and legal representatives to A13.6 The Claim, in order to be valid, must not only this Agreement and to the successors, assignees and show that the ARTIST suffered damages or delay but that those conditions were actually a result of the act, ArtworkAgreement (January 2011) Appendix A,General Conditions Page 4 of 7 event or condition complained of and that the Agreement A14.3 This Agreement may be changed only by written provides entitlement to relief to the ARTIST for such act, Amendment executed by both the CONTRACTING event, or condition. AGENCY and the ARTIST. A13.7 The Contract Manager reserves the right to make A14.4 All communications that affect this Agreement written requests to the ARTIST at any time for additional must be made or confirmed in writing and must be sent information that the ARTIST may possess relative to the to the addresses designated in this Agreement. Claim. The ARTIST agrees to provide the Contract Manager such additional information within 30 days of A14.5 The ARTIST on receiving final payment will receipt of such a request. Failure to furnish such execute a release, if required, in full of all Claims against additional information may be regarded as a waiver of the CONTRACTING AGENCY arising out of or by the Claim. reason of the services and work products furnished and under this Agreement. A13.8 If the Claim is not resolved by Agreement within 60 days of its receipt, the Contract Manager will issue a ARTICLE A16 written decision to the ARTIST. The ARTIST may appeal TAXES the Contract Manager's decision within 30 days to the Contracting Officer. Any appeal must be in writing and A15.1 As a condition of performance of this Agreement, must list the specific exceptions to the Contract the ARTIST shall pay all Federal, State and Local taxes Manager's decision including specific provisions of the incurred by the ARTIST and shall require their payment Agreement which the ARTIST intends to rely upon in his by any Subcontractor or any other persons in the appeal. performance of this Agreement. A13.9 The ARTIST shall certify that the Claim is made ARTICLE A16 GOVERNING LAW in good faith, that the supporting cost and pricing data are accurate and complete to the best of the ARTIST's A16.1 This Agreement is governed by the laws of the knowledge and belief, and that the amount requested State of Alaska and Federal and Local Laws and accurately reflects the adjustment to the Agreement for Ordinances applicable to the work performed. The which the ARTIST believes the CONTRACTING ARTIST shall be cognizant and shall at all times observe AGENCY is liable. and comply with such laws which in any manner affect those engaged or employed in the performance, or A13.10 The ARTIST will be furnished a written signed which in any way affects the manner of performance, of copy of the Contracting Officer's decision within 90 days, this Agreement. unless the Contracting Officer requests additional information. The Contracting Officer's decision is final A16.2 The ARTIST must comply with all applicable and conclusive unless fraudulent as to the Claim or laws, regulations, codes, ordinances and written unless, within 14 days of receipt of the decision, the directives issued by the Procurement Officer. In ARTIST delivers a written Notice of Appeal to the addition, the ARTIST must obtain applicable licenses Appeals Officer designated on Page 8 of this and permits and provide supervision, labor, and tools. Agreement. A16.3 The Alaska Department of Labor and Workforce A13.11 Procedures for appeals via Arbitration are Development, Wage and Hour Administration, must be covered in 2 AAC 16.950-989. notified in accordance with AS 36.05.010 and AS ARTICLE A14 36.5.30 if the cost of the construction exceeds EXTENT OF AGREEMENT $25,000. The ARTIST must comply with the requirements noted within the Department of Labor A14.1 This Agreement including appendices represents packet entitled "Laborers' the entire and integrated Agreement between the Mechanics' Minimum Rates of Pay". To obtain a copy CONTRACTING AGENCY and the ARTIST and of the referenced packet, contact the Procurement supersedes all prior negotiations, representations or Agency or the Department of Labor. Agreements,written or oral. ARTICLE A17 A14.2 Nothing contained herein may be deemed to SUMMARY OF WORK create any contractual relationship between the A17.1 The ARTIST shall finalize design of the Work of CONTRACTING AGENCY and any Subcontractors or Art that was proposed in response to the State's Call for material suppliers; nor may anything contained herein be Proposals (including any necessary professional deemed to give any third party Claim or right of action engineering design work) and then obtain the necessary against the CONTRACTING AGENCY or the ARTIST materials, construct the work, deliver it to the site, and which does not otherwise exist without this Agreement. install it in its intended location within the project (comply with construction licensure requirements relevant to those portions of the installation work governed by law or ArtworkAgreement (January 2011) Appendix A,General Conditions Page 5 of 7 regulation). (Copies of both the Call and the Proposal shall be entitled to coverage to the extent of such higher are incorporated into this Agreement by reference.) limits. Certificates of insurance must be furnished to the CONTRACTING AGENCY and incorporated into this A17.2 The ARTIST shall remedy all defects in materials Agreement with copies attached to this document. or workmanship that develop within a period of one year Certificates must provide for the CONTRACTING from the date of final payment. AGENCY to receive notice of any policy cancellation or reduction per AS 21.36 Sections 210-310. Failure to A17.3 The ARTIST shall have sole responsibility for the furnish certificates of insurance or lapse of the policy is a means, methods, sequences, or procedures of material breach and grounds for termination of the construction and safety precautions related to the ARTIST's services and may preclude other Agreements Project. The ARTIST shall conduct all Work in such a between the ARTIST and the CONTRACTING manner that protects the public and State resources. AGENCY. ARTICLE A18 INDEMNIFICATION &INSURANCE A18.5 Workers Compensation Insurance: The ARTIST shall provide and maintain, for all employees engaged in A18.1 The ARTIST shall indemnify, hold harmless, and work under this Agreement, coverage as required by AS defend the CONTRACTING AGENCY from and against 23.30.045, and; where applicable, any other statutory any claim of, or liability for negligent acts, errors or obligations including but not limited to Federal USL&H omissions of the ARTIST under this Agreement. The and Jones Act requirements. The policy(s) must waive ARTIST shall not be required to indemnify the subrogation against the State of Alaska. Worker's CONTRACTING AGENCY for a claim of, or liability for, Compensation Insurance is not required if the the independent negligence of the CONTRACTING ARTIST is an Independent Contractor, Sole AGENCY. If there is a claim of, or liability for, the joint Proprietor or Self-Employed Person having no negligent error or omission of the ARTIST and the employees in any sense of AS 23.30.045 (Artist and independent negligence of the CONTRACTING Project Manager to agree in advance and in writing). AGENCY, the indemnification and hold harmless obligation shall be apportioned on a comparative fault A18.6 Commercial General Liability Insurance: Such basis. "ARTIST' and "CONTRACTING AGENCY", as policy shall have minimum coverage limits of $300,000 used within this article, include the employees, agents combined single limit per occurrence or split limits of and other contractors who are directly responsible, $300,000 per person/$500,000 per occurrence. The respectively, to each. The term "Independent policy shall be written on an "occurrence" form and shall Negligence" is negligence other than in the not be written as a "claims-made" form unless CONTRACTING AGENCY's selection, administration, specifically reviewed and agreed to by the monitoring, or controlling of the ARTIST and in CONTRACTING AGENCY. Comprehensive or approving or accepting the ARTIST's Work. Commercial General Liability Insurance is not required if the general public and clients do not have A18.2 The ARTIST shall exercise that degree of skill, any business access to a place of business or home care and judgment commensurate with the professional office maintained by the Artist (Artist and Project standards for the services of a similar nature. When Manager to agree in advance and in writing). such standards are in dispute, a panel of three qualified impartial professionals objectively selected and A18.7 Comprehensive Automobile Liability Insurance: appointed by the Appeals Officer shall establish them. Such policy shall have minimum coverage bodily injury liability limits of $300,000 combined single limit per A18.3 The ARTIST shall correct, through re- occurrence or split limits of $300,000 per performance at its expense, any services which are person/$500,000 per occurrence. The policy shall cover deficient or defective because of the ARTIST's failure to all owned, hired and non-owned vehicles. In addition, it perform said services in accordance with professional shall have a minimum of $50,000 per occurrence standards, provided the CONTRACTING AGENCY has property damage liability limits. Comprehensive notified the ARTIST in writing within a reasonable time, Automobile Liability Insurance is not required if only not to exceed 60 days, of the discovery of any such public transportation, or a rented passenger vehicle deficiency during the performance of the services and with business use insurance, will be used to within 12 months of the date of final payment under this accomplish requirements of this Agreement (Artist Agreement. and Project Manager to agree in advance and in writing). A18.4 Without limiting the ARTIST's indemnification, it is ARTICLE A19 agreed that ARTIST shall purchase at its own expense ALASKA LICENSES/REGISTRATIONS and maintain in force at all times for the duration of this Agreement the following policies of insurance. Where A19.1 The ARTIST and all Subcontractors shall comply specific limits are shown, it is understood that they shall with the following applicable requirements of Alaska be the minimum acceptable limits. If the ARTISTS policy Statutes: contains higher limits, the CONTRACTING AGENCY ArtworkAgreement (January 2011) Appendix A,General Conditions Page 6 of 7 c. Joint Ventures, regardless of type of services a. Alaska Business License (Form 08-070 issued provided, must be licensed/registered in the under AS 43.70) at the time designated for legal name of the Joint Venture as used in this opening (i.e., receipt) of proposals as required proposal (AS 43.70.020 and 43.70.110(4)) by AS 36.30.210(e) for ARTIST; and not later than five days after a Notice of Intent to Award as required by AS 36.30.210(a) and AS [For information about licensing, Offerors may 36.30.250(a)for all Subcontractors. contact the Alaska Department of Commerce and Economic Development, Division of Occupational b. Certificate of Incorporation (Alaska firms) or Licensing at P.O. Box 110806, Juneau, AK 99811- Certificate of Authorization for Foreign Firm 0806,or at Telephone(907)465-2550. ("Out-of-State" firms). All corporations, regardless of type of services provided, must have one of the certificates (AS 10.06.218 and other sections of Title 10.06 - Alaska Corporations Code). ArtworkAgreement (January 2011) Appendix A,General Conditions Page 7 of 7 SUPPLEMENTARY CONDITIONS KIB Project No: 10021 APPENDIX B Date Prepared: 07/12/13 MODIFICATIONS TO THE GENERAL CONDITIONS B.6 Paragraph A6.1: Add the following after (default termination), "and the other party fails to procure within The following supplements modify, change, delete from, 10 days." add to Appendix A - General Conditions of this Artwork B.7 Paragraph A6.2: Add the following after Procurement Agreement. Where any article of the reasonable expenses, "including storage". General Conditions is modified, or Paragraph, Subparagraph, or Clause thereof is modified or deleted B.8 Paragraph A6.3: Add the following, "However, by these Supplementary Conditions, the unaltered the CONTRACTING AGENCY cannot complete the provisions of that Article, Paragraph, Subparagraph, or artwork without the ARTIST. And no rights shall pass to Clause shall remain in effect. the CONTRACTING AGENCY under Article A.11." (Any deletion or modification of the General Conditions B.9 Paragraph Al 1.1: Replace paragraph with, "As shall be approved 'as to form" by the CONTRACTING of Final Acceptance, the Kodiak Island Borough (KIB) AGENCY's legal section, acknowledged in writing, and shall own the Artwork. The Artist may donate one ncluded below.) drawing and plans for archival purposes. The KIB shall * * * only own models of the Artwork, created by the Artist pursuant to this Contract, if separately paid for. Al Add KIB Copyright of the Artwork, including its design, shall be A11.1 Replace"State"with Kodiak Island Borough (KIB) owned by the Artist, subject to the following provisions:" A16 16.3 Replace$2000 with $25,000 B.10 Paragraph A11.1 a: Add after 113(D) (3), "unless B.1 Definition A1.6: Replace, "materials required for the artist has provided the CONTRACTING AGENCY production of the Work of Art have been ordered with a different address." (materials do not have to have actually been paid for)." with"that fabricator contract has been executed." B.11 Paragraph A11.1 b: Add After the ARTIST shall B.2 Add the following: "The ARTIST shall complete "at his option" all work required under this Agreement no later than B.12 Paragraph A11.1 e: Replace paragraph with, August 1-14, 2015 (after substantial completion of phase "The ARTIST is aware of the waiveable rights of artists 6 Area B." as authors of works of visual arts as set forth in the B.3 Add the following: "Schedule: The ARTIST shall Visual Artists' Rights Act of 1990, as amended, and as meet the following constraints. codified in Title 17 of the United States Code (Visual Rights Act). To the extent the Artwork would otherwise Work Schedule: Installation of artwork:August 1-14, 2015 (After substantial completion of phase 6 Area B). ARTIST IST would ld the rwisel Artists' Rights Act and the ARTIST would otherwise be entitled to protection Payment Schedule: thereunder, the ARTIST expressly waives any and all a. 10% upon execution of contract rights arising under the Visual Artists' Rights Act that would in any way prevent the owner of the facility in b. 30% upon acceptance of final design, dimensions which the art is installed from remodeling the facility in and proposed placement of artwork on the site, any manner suitable to the owner, except as otherwise engineering and installation plans. stated in this Agreement. c. 20% upon receipt of materials by ARTIST d. 40% upon completion of the work according to an B.13 Paragraph A11.1: Add Section h: "Except as installation work plan and is accepted by the Contract provided in e and g, the CONTRACTING AGENCY Manager agrees that it shall not intentionally alter or modify the B.4 Add the following: "Coordination of on-site Artwork." activities: The ARTIST shall coordinate its on-site B.14 Paragraph A11.1: Add Section is "The activities with the CONTRACTING AGENCY to minimize CONTRACTING AGENCY agrees to reasonably disruption to the CONTRACTING AGENCY'S maintain the Artwork in accordance with maintenance construction contractor." instructions provided by the Artist and further agrees that repairs shall be made in accordance with conservation B.5 Paragraph A5.1: Replace, "it considers principles. The Artist shall be notified of any repair and appropriate" with "mutually acceptable to the ARTIST given a reasonable opportunity to make such repairs at and the CONTRACTING AGENCY this option under the terms of a separate agreement." B.15 Deleted. (January 2011) Appendix A,Supplementary Conditions Page 1 of 2 B.16 Paragraph A16.2: Replace paragraph with, " The ARTIST must comply with all applicable laws, regulations, codes, and ordinances. The ARTIST must also comply with written directives issued by the Procurement Officer prior to commencement." B.17 Paragraph A17.1, first sentence: Delete the clause, "(including any necessary professional engineering design work)" and Replace it with the following: "(including any necessary professional engineering design work related to the ARTIST'S scope of work)" B.18 Paragraph A17.1, first sentence Delete, "obtain the necessary materials, construct the work "and Replace with, "arrange for and supervise the fabrication of the Artwork, including materials and arrange to" B.19 Paragraph A17.1, Add the following to the end of the paragraph: "The ARTIST shall design and build: the sculpture's foundation and lighting system to illuminate the Art Work. The ARTIST shall furnish and install: lighting features, conduit and wiring from a power point provided by the CONTRACTING AGENCY, transformers, and incidental electrical work. The power point will consist of power cable and conduit terminating in a junction box at a location not more than 10 feet from the east edge of the sculpture. The ARTIST shall be responsible for all other Work required under this Agreement" B.20 Paragraph A17.3, Add to the end of the paragraph, "Notwithstanding, the CONTRACTING AGENCY shall prepare the site and provide electrical power as necessary for installation." B.21 Article A17, Add Paragraph A17.4, "The ARTIST shall provide lighting for the Artwork with consultation and approval of the CONTRACTING AGENCY." B.22 Paragraph A18.1, Add to the end of the paragraph, "The CONTRACTING AGENCY shall indemnify the ARTIST to the extent permitted by law from its own independent negligence following final acceptance of the Artwork. B.23 Paragraph 18.4, Add after CONTRACTING AGENCY in the fourth sentence, "by the ARTIST'S fabricator, shipper, installer and shall name the CONTRACTING AGENCY as insured" (January 2011) Appendix A,Supplementary Conditions Page 2 of 2 Kodiak Island Borough Kodiak High School Art in Public Places Project - I- w -.... lam' �•:: ;.� �. r ..:a ,. OrS.`. �_ •�—sfSe.. j='"r--.*. `yam.. __....�'�L1w"°.-i...—.. "'..s 0'"'Cathy L. Cordry 910 Mission Road Kodiak, AK 99615 email: cathycordry@netscape.net phone: 907-486-4199 cell: 907-942-7118 CONTENTS 1. LETTER OF INTENT 2. CONCEPT RENDERINGS A. PROPOSAL ONE, IMAGE ONE B. PROPOSAL ONE, IMAGE TWO C. PROPOSAL TWO, IMAGE ONE D. PROPOSAL TWO, IMAGE TWO E. PROPOSAL THREE, IMAGE ONE 3. APPROXIMATE BUDGET A. PAGE ONE B. PAGE TWO 4. ESTIMATED PRODUCTION SCHEDULE 5. MATERIAL SAMPLES A. SUPPLY LIST B. GESSO AND WINSON & NEWTON PAINT C. PLYWOOD SAMPLE 6. LIST OF OTHER PROJECTS IN PROGRESS 7. LIST OF REFERENCES B. ADDITIONAL MATERIALS A. QUICK STUDY OF "DWARF FIREWEED" B. GICLEE PRINT OF "FIREWEED AND BEE" C. GICLEE PRINT OF "ALPINE LUPINE" D. GICLEE PRINT OF "WILD IRIS" E. PAPER PRINT OF "WOVEN WATER" F. CD-CATHY CORDRY, 9 IMAGES, KODIAK HIGH SCHOOL, PUBLIC ART 1 CATHY L. CORDRY 910 Mission Road-Kodiak,AK 99615•Phone:907-942-7118•Fax:907-486-4199-email:cathycordry®netscape.net November 25,2012 Ms. Corrie Nash Jenson Yorba Lott, Inc. 522 West 10th Street Juneau,Alaska 99801 Dear Ms.Nash, Please accept this proposal for Site 10 of the Kodiak High School Art in Public Places Project. I believe that public art has a vital role in fostering cohesive communities by creating a sense of place and expressing shared values.As a graduate of Kodiak High,I am especially honored for the chance to create art for the new Kodiak High School. My Paintings celebrate the unique place that Kodiak Island holds in my heart and hearts of all who live and visit here. I have chosen three proposals to bring the natural world back into the lives of the students and adults at Kodiak High. The estimated budget for each proposal is$4,975.00. My vision for site 10 the Administration/Office Suite is/are oil paintings(s)on primed plywood panel(s).The painting(s)will be between 2'6"x3'0"and 4'0"x8'0" in size.The painting(s)will be protected with Conservation Reflection Control Glass(u/v protected glass)and wood framed to compliment the colors and textures of the building's interior.If a more contemporary look is desired,the painting(s)can be gallery wrapped and hung unframed and unglazed,however; there is less protection from environmental contaminants and ultraviolet degradation. Proposal One:I have chosen images of fireweed. It is a harbinger of seasons in Kodiak and a useful plant throughout the year. In the spring,the tender green shoots are eaten raw in salads or boiled for cooked greens.In the summer,the blossoms are eaten raw or boiled with sugar to make fireweed honey.In the fall and winter,the downy seeds are used for firestarter by campers.Traditionally,the mature stalks were woven into twine.The fireweed triptict can be hung on the back wall of the open office<B 140>or the hallway wall of the conference room<B145>.They can also be split up and hung separately around the suite of offices with the image of the dwarf fireweed. Proposal Two:I have chosen irises.They are the first of the large wildflowers to bloom in the spring,signaling the end of winter.The irises triptict can be hung on the back wall of the open office 43140>or the hallway wall of the conference room<B 145>.They can also be split up and hung separately around the suite of offices with the image of the alpine lupine. Proposal Three:I have chosen a water reflection image.The water reflecting blue,green,red,yellow,brown and white evokes the feeling of the boat harbor. Water and fishing are the essence of Kodiak.They are the reason all of us are here on Kodiak Island.It can be hung on the back wall of the open office<B 140>or the hallway wall of the conference room<13145>. Sincerely, r • v y_ Page Cathy L. ' rdry �/J\ 1 Of I 1 Ce5 , < I . , ...,._. . ,: , .c.• n . 2111' -.--__-_' .., ,--1). •111. . -• . . _ • 1 I • i • -1,....277 :;;gurr, 071 T : ,.,. .. ....,.. ,..4. 4.." ' : IR.4 9 1 _ I , I I I ; I I . ; I , .. . ... . . . . . _ ... . . . . . -- 5.1- ire v e c PI ti v - I-v•-: -: :::. ..,--- • 1, ft , ) r 2 \' DLiGr-c --• k fc ‘.-319-ec, •) -1, 1 (,• .<--,__,::i'. .e:---r- WzDif.',,a:z-- , I/ 7.cy,0 _ _L. r — C_._!z v ' • L' \''---'A ■.).:,C 'Trill 1,_:C7M) 1 . 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L:EVec ?lay - .; ?rroaSo \ 0 c 7 " A.\ ;) , r-e_ L._Li (\c" C;;-.\t ‘--5-• e . s-,1 , . 1.) .1---nt.r‘ V: ' ,' •D\AA / i 7 Cd-0,4 S- (‘'N■ .■ S t . r Sv ,, ■ .. ,, c .....:• _ 4 ' 1,.." Z If V',‘.1 ' t2o ‘,A' - J ,VG 1 . 7:-‘ • Hi 1,-- l''[ '.:PC) 2 .---• , --- / • ' '• ..1 !, an ...-1 .1c), • , . ..)-k-7, . . .. . . T i 1 I ; 1 ! i . , ; . ' r...-.■■. ,,, 0,CZ,•■•■■•-■•■.■., r—4 , -----2 ' 7 C I.■ ' J\i2C' - .11 c*-1,..' It-it; i t 2 C, :4.--. --\.. ......t. • )0.-... . _ a ,. ---,,..-7,.•,4H ‘; 4 . _ . • --ststir '11 . ." ,.. t r.j 1 - • - • - . --. . • : • .• — - -— : ', I.-..7 \2- •C'1,.' , , -V) -.....• _ . ..-.._ . ' ccr -Y--)' .1 a.A.a•3, \AOD -..1 ---- • - .._ ,. .--, ,..-- _. C-e.,{ee=- :? COn _,./.Drx . .- - . - -r • .1 . -^--4 I.s'''' -:, .. -=--"C *-1-77, --, ---- --7----;:-.: - , • .• am- itn-2.----i,r-o•-,-.-- - _ 4.0, a., , - - ; , . •n , 1 i ; 'l „9 i I .• - , i , I • ...---- , •- '1.-,:r- _--ar- • •4 i .. r, 1 • 1 : ! I I 1 i I . . . . . ,.. . yC oc.,.1 .. - 1, H' ... ...... 1:) „ . /. , f,- , . . Le\)-e t r• 1.-.. . , / - - \-- ,..._ ,, v. . --, R(3 p 05:c 3/ .; ,-y- c c.. -e _ _..; _ n.e\(\ \AJ6H-e-c ,„, "C ....J., ,c, , c L2, Budget Form tri ALASKA STATE COUNCIL ON THE ARTS PERCENT FOR ART PERCENT FOR ART PROJECT PROPOSAL BUDGET Kodiak Island Borough-KHS AIPP ARTIST Name(s) Cathy L. Cordry Site: Site 10 Materials and Supplies $575 Artists Fee $1700 Assistant(s)/Vendor(s)Fees $1000 Studio Cost or Rental(include utilities) N/A Production and/or Fabrication N/A Insurance on work until Installation(in studio,during shipping, $500 and at site) Tools and Equipment Purchase N/A Rental N/A Depredation N/A Travel N/A Lodging N/A Crating/Shipping $100 Pre-Installation/Site Preparation $100 Installation $200 Photographic Documentation Costs(required by contract) $200 Page 3A Identification Signage/Plaque(s) $200 Lighting N/A Electrical Components Integral to the Work N/A Engineer Fees N/A Designer Fees N/A Contingency $400 TOTAL $4975 This proposal budget sheet is intended as an overview of art project expenses.Costs may be estimated based on recent professional experience and/or research. Please do not provide copies of vendor estimates with this budget. • If commissioned for proposed artwork, artists will be asked to submit a revised working budget that may include current vendor estimates. • Please complete this budget electronically if possible. Neat handwritten copies are acceptable. • Line items can be added by selecting Table, Insert, Rows on the Microsoft Office Word toolbar. • Do not delete line items,instead use N/A if line items do not apply to your proposal. If you have questions about this budget,please e-mail andrea.noble-oelant @alaska.gov and confirm your request for information by calling 907-269-6605 or toll free in Alaska 1-888-278-7424. Page 3B CATHY L. CORDRY 910 Mission Road-Kodiak,AK 99615-Phone:907-942-7118•Fax:907-486-4199•email:cathycordry@netscape.net Estimated Production Schedule Month Activity 1 Accept commission and discuss and finalize proposal with project manager and art committee. 2 Order painting supplies. Receive supplies. 3 Sketch image(s) and prepare painting surface(s). Order framing and glazing supplies. 4 Begin painting prepared surface(s). 5 Continue painting. 6 Allow painted surface(s) to dry. 7 Finish drying and seal surface(s). 8 Install frame and glazing. 9 Contingency month. 10 Install finished painting(s) in designated area(s) of site 10. 11 12 Page 4 CATHY L. CORDRY 910 Mission Road-Kodiak,AK 99615-Phone:907-942-7118•Fax:907-486-4199•email:cathycordry®netscape,net Material Description painting substrate Cabinet grade 1/4" plywood panel 1"x2" lumber Kiln dried hardwood lumber for substrate reinforcement. Gesso Liquitex acrylic based substrate sealer Oil Paint Winsor & Newton Professional Grade tube oil paint Frame Sealed Wood Miter Edged Frame Glazing Conservation Reflection Control (u/v protected glass Page 5A 11 I J* tN4 's hi is E 64 t y ^ p/ 1" U +-Q rely- vermanem acre ,4 , (' ^� Y ,�' t .u—__ , 1 ,GESSO 1, BeSSO .. t p ' '3it� rl gemI• I •i2 ', x^ sYx r Ii ` I. e .�'\ � i 200mie698.0:.a ('') KIIRFACE PREP Is�a2 p 946mL ARiTif1T rAD pliii M . r 4 tiL Pi I l Pareed 5 CATHY L. CORURY 910 Mission Road•Kodiak,AK 99615•Phone:907-942-7118•Fax:907-486-4199•email: cathycordry®netscape.net Other Projects in Progress During Site 10 Production Schedule February 2013, 2014, 2015: bookkeeping finalization for tax preparation. April 2013, 2014, 2015: paint 3 small originals for summer art show. May 2013, 2014, 2015s: construct fabric bag for summer markets. Page 6 CATHY L. CORDRY 910 Mission Road•Kodiak,AK 99615•Phone: 907-942-711 Wax:907-486-4199•email: cathycordry@netscape.net List of References Janet Wente Owner, Northern Exposure Gallery gallery: 907-486-4956 home: 907-487-2112 Mary Mathes Owner, Lazy M Leather store: 907-235-4283 cell: 907-841-9485 home: 907-737-7924 Tim Blott Manager, Ocean Beauty Seafoods, Kodiak office: 907-486-5791 cell: 907-539-2478 home: 907-486-5271 Page 7 . t min, ��r �F f,� l /�' I Y` 4 .mot"r i -'`.YsM ;'.'' ,4. •i P h .. �a(. �. t ,- -n..,,..-Zr . \``^` . �4 .19,7k.; is ` . r r Kr; ) f .`.6i Y ';b iY 5 t 1 } 3�}t, l lib' '�''�"F� �� f y Yj't) 4. �yq i�Y +i� I? �`[S Y K�, e-.y.'a '+ s -' �r 4�.. .w�l:,r2� 4 .. -- flt 4 1 Air,iS ,. xLt-�°,�-# ° o-Y)l1 ¢ A 4 l 'q, �. -� k, /AR", P •} q,Y^" .1 ii ! ,!' .. .,,,./.0.„..0,t,,.., sy -"—. .,, fir �'r', b 4{4 ,- s ,�. F L<' G jr A. 's { U0 aid' .. 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I, ...0,41.,,:,. , - „sr.., „,:.r. 1:4■I:1}5172 ri61:: • 1-..im . -14k.;g: Le",•I '^r,53■••: ‘• ' . 1; N‘ J - .. -. • '•••,V".,...,.'.'-'"; ' -------.1-I —ill.' i, e...c.i. ..) ., ,t- a I‘..,1 4 ArrAt — I,4t .4..,,-• '4% ZIP._.' ., t -r. . ; ,, ,, , 'E . . iep • z Is -fisc 4 - : /it ..'7),' -*\--,:iti-E, ,,* .:. 4.-.:::: ._,__ — . ikp.- :i •, "..': ..... ., • . ,.. cc , A .. -. ... e-t Vi •; .- ..:1„,/,dil i , r - t \., ‘.,.4,/4,:tr•; , ,‘. b.:,..od. _ _way - . _ :.,..44% zi Wm it NI: - Y t, .-.. $.-tr-400r4 ,A„- 4, ill 4; .1147.4.4.:ct$.3 • , , t' 1 t ,, .,it. ......,- ,..-, , .;,.., ,.---- ii0)‘;-,....4--: ,146...1 '-..±..4. , I.- ..2. _...- ARTWORK PROCUREMENT PgreementNo: KIB Project No:10021 AGREEMENT Project Title: KHS ADDITION & RENOVATION To this Agreement between KODIAK ISLAND BOROUGH hereafter the CONTRACTING AGENCY, Marion Owen hereafter the ARTIST(Artist), effective on the last date executed by its parties, in consideration of the terms, conditions and promises of Articles 1 through 7 in this document, the parties hereby agree. ARTIST Signature: Signature: Name: Marion Owen Date Name: Date Title: Title: CONTRACTING AGENCY Contract Manager Contracting Officer Signature: Signature: Name: Jessica Wolfe Date Name: Charles E. Cassidy, Jr. Date Title: Project Manager Title: Borough Manager ARTICLE 1 - PURPOSE 1.1 Procurement of a professionally designed, constructed, and installed wall mounted artwork in Administration and Counseling areas of Area B, Phase 6. ARTICLE 2 -COMPENSATION • 2.1 The fixed price payable under this Agreement shall be: Four Thousand Seven Hundred Fifty and No/100 Dollars ($4,750.00) USD. 2.2 The CONTRACTING AGENCY will make progress payments to the ARTIST, upon receipt of acceptable invoices for services and any supporting documentation requested by the Project Manager, in accordance with the following schedule [note: percentages may only be adjusted from this standard via specific language in Article 8 on a contract-by- contract basis prior to execution]: a. 10% upon execution of contract b. 30% upon acceptance of final design, dimensions and proposed placement of artwork on the site, engineering and installation plans. c. 20% upon receipt of materials by ARTIST d. 40%upon completion of the work according to an installation work plan and is accepted by the Contract Manager. 2.3 The CONTRACTING AGENCY will make final payment to the ARTIST following approval of completion of all Work. Total payment of all Material Suppliers and Subcontractors and satisfactory compliance with Article Al 5-Taxes, are conditions precedent to final payment. Liens or other claims relating to the Project may be withheld from final payment if written notice is first given to the ARTIST. Acceptance of the final payment will constitute the ARTIST's waiver of future claims. Artwork Agreement (January 2011)Agreement Page 1 of 2 ARTICLE 3-PERIOD OF PERFORMANCE 3.1 ARTIST shall commence services under this Agreement as authorized by written Notice(s) to Proceed and shall complete the services in accordance with any time schedule required by Appendices. This Agreement is of no force or effect until executed by the ARTIST and the CONTRACTING AGENCY and no services shall be undertaken or performed until a Notice to Proceed is issued. 3.2 The Period of Performance under this Agreement shall end: August 1 -14, 2015 (after substantial completion of Phase 6,Area B). ARTICLE 4—APPENDICES 4.1 The following Appendices are attached to this document and incorporated herein: Appendix Title Date Prepared No. Pages A General Conditions July, 2013 7 B Supplementary Conditions July, 2013 2 ARTICLE 5-CONTRACTING AGENCY DATA Office Address Street: 711 Mill Bay Road Appeals Officer: PO Box: City, State, Zip: Kodiak, AK 99615 Authorization: Phone-Voice: 486-9210 Phone-FAX: 486-9347 Funding Source: ARTICLE 6 -ARTIST DATA Manager: Marion Owen Alaska Business License No.: Title: Federal Tax Identification No.: Office Address Type of Firm Street: 1223 Kouskov ❑ Individual ❑ Partnership PO Box: City, State, Zip: Kodiak, AK 99615 ❑ Corporation in state of: Phone-Voice: 907-486-5079 ❑ Other(specify): ARTICLE 7 -SUBCONTRACTORS 7.1 ARTIST shall perform all services required under this Agreement except as may be performed by the Subcontractors listed below. Type of Service Subcontractor Artwork Agreement (January 2011)Agreement Page 2 of 2 GENERALCONDITIONS APPENDIX A INDEX A1.8 ARTIST - The firm (person or any business combination)who executes this Agreement and provides Article Number and Title services. Al Definitions A1.9 ARTIST's Manager - The ARTISTs A2 Occupational Safety and Health representative in responsible charge of the work, directly A3 Changes answerable for the required services, and the A4 Audits and Records CONTRACTING AGENCY's primary point of contact A5 CONTRACTING AGENCY Inspections with the ARTIST. A6 Termination or Suspension A7 Officials Not to Benefit A1.10 Notice to Proceed (NTP) - Written authorization A8 Independent CONTRACTOR from the CONTRACTING AGENCY to the ARTIST to A9 Proselytizing provide all or specified services in accordance with an Al 0 Precedence of Documents existing Agreement. All Ownership of Work of Art Al 2 Subcontractors Successors and Assigns A1.11 Contract Manager - CONTRACTING AGENCY's A13 Claims and Disputes representative and the ARTIST's primary point of contact A14 Extent of Agreement with the CONTRACTING AGENCY. A15 Taxes A16 Governing Law A1.12 Summary of Work - Services and work products required of the ARTIST by this Agreement. ARTICLE Al DEFINITIONS A1.13 Subcontractor — A person or firm engaged to provide a portion of the Summary of Work by A1.1 Additional or Extra Services - Services, work subcontract with the ARTIST (does not include products or actions required of the ARTIST above and employees of the ARTIST). beyond provisions of the Agreement. ARTICLE A2 A1.2 Amendment - A written change to this OCCUPATIONAL SAFETY AND HEALTH Agreement. A2.1 The ARTIST and its Subcontractors shall observe A1.3 Appeals Officer - The designated individual or a and comply with the Federal Occupational Safety and duly appointed successor whose decisions constitute the Health act of 1970 and with all safety and health exhaustion of contractual and administrative alternatives standards promulgated by the Secretary of Labor under for resolution of Claims and disputes. authority thereof and with all State of Alaska Occupational Safety and Health Laws and regulations. A1.4 KIB — The Kodiak Island Borough. A designated representative of this agency will be the Contract ARTICLE A3 Manager, administering this Agreement and ensuring CHANGES the production of a quality Work of Art by the Artist. A3.1 Changes (including "Supplemental Agreements") A1.5 Change - A revision in services, complexity, in the period of performance, general conditions, character, or duration of the services or provisions of this statement of services, or other provisions established by Agreement. this Agreement may be made by written Amendment only. If such changes cause an increase or a decrease A1.6 Commencement — Artist has completed the final in the ARTIST's cost, an equitable adjustment shall be design and demonstrates that materials required for made and specified in the Amendment. The ARTIST production of the Work of Art have been ordered shall not perform any additional or extra services prior to (materials do not have to have actually been paid for). receiving a fully executed copy of an Amendment and a Notice to Proceed, except as the ARTIST may be A1.7 Contracting Officer - The individual or a duly directed under the provisions of Article Al 3 - Claims and appointed successor designated as the official Disputes. representative to administer contracts for the CONTRACTING AGENCY. A3.2 If at any time the CONTRACTING AGENCY through its authorized representatives, either verbally or in writing, requests or issues instructions for Additional or Extra Services or otherwise directs actions which ArtworkAgreement (January 2011) Appendix A,General Conditions Page 1 of 7 conflict with any provision of this Agreement, the ARTICLE A6 ARTIST shall, within 30 days of receipt and prior to TERMINATION OR SUSPENSION pursuing such instructions, so notify the CONTRACTING AGENCY in writing, and to the extent possible, describe A6.1 This Agreement may be terminated by either the services and estimated cost of any Additional or party upon 10 days written notice if the other party fails Extra Services. The CONTRACTING AGENCY will then substantially to perform in accordance with its terms evaluate and, if appropriate, negotiate an Amendment. through no fault of the party initiating the termination Unless so notified by the ARTIST, the CONTRACTING (default termination). If the CONTRACTING AGENCY AGENCY may assume such instructions have not terminates this Agreement, the CONTRACTING changed any provisions of this Agreement nor require AGENCY will pay the ARTIST a sum equal to the additional compensation. No additional payments shall percentage of work completed that can be substantiated be made to the ARTIST without such notice. in whole or in part either by the ARTIST to the satisfaction of the CONTRACTING AGENCY or by the ARTICLE A4 CONTRACTING AGENCY. If the CONTRACTING AUDITS AND RECORDS AGENCY becomes aware of any non-conformance with this Agreement by the ARTIST, the CONTRACTING A4.1 The ARTIST shall maintain records of AGENCY will give prompt written notice thereof to the performances, communications, documents, ARTIST. Should the ARTIST's services remain in non- correspondence and costs pertinent to this Agreement conformance, the percentage of total compensation and the CONTRACTING AGENCY's authorized attributable to the nonconforming work may be withheld. representatives shall have the right to examine such records and accounting procedures and practices. A6.2 The CONTRACTING AGENCY may at any time terminate (convenience termination) or suspend this A4.2 The CONTRACTING AGENCY's authorized Agreement for its needs or convenience. In the event of representatives shall have the right to examine all books, a convenience termination, or suspension for more than records, documents and other data of the ARTIST 3 months, the ARTIST will be compensated for related to the negotiation, pricing and performance of authorized services and authorized expenditures this Agreement and any modification or change for the performed to the date of receipt of written notice of purpose of evaluating the accuracy, completeness and termination or suspension plus reasonable expenses. No currency of the data submitted. The right of examination fee or other compensation for the uncompleted portion of shall extend to all documents necessary to permit the services will be paid except for already incurred adequate evaluation of the data, computations and indirect costs which the ARTIST can establish and which projections used. would have been compensated for over the life of this Agreement, but because of the termination or A4.3 The materials described in this article shall be suspension would have to be absorbed by the ARTIST made available at a business office of the ARTIST at all without further compensation. reasonable times for inspection, audit or reproduction, for a minimum of 3 years from the date of any resulting A6.3 In the event of termination or suspension, the final settlement. ARTIST shall deliver all work products, reports, estimates, schedules and other documents and data a. If this Agreement is completely or partially prepared pursuant to this Agreement to the terminated, records relating to the services CONTRACTING AGENCY. terminated shall be made available for a minimum of 3 years from the date of any ARTICLE A7 resulting final settlement. OFFICIALS NOT TO BENEFIT b. Records which relate to appeals under Article A7.1 No member of or delegate to Congress, United A13 - Claims and Disputes, or litigation or the States Commissioner or other officials of the Federal, settlement of Claims arising out of the State, Political subdivision or Local Government shall be performance of this Agreement shall be made admitted to any share or part of this Agreement or any available until such appeals, litigation or Claims benefit to arise therefrom. have been concluded. ARTICLE A8 ARTICLE AS INDEPENDENT CONTRACTOR CONTRACTING AGENCY INSPECTIONS A8.1 The ARTIST and its agents and employees shall A5.1 The CONTRACTING AGENCY has the right to act in an independent capacity and not as officers, inspect, in the manner and at reasonable times it agents, or employees of the CONTRACTING AGENCY considers appropriate during the period of this in the performance of this Agreement. Agreement, all facilities and activities of the ARTIST as may be engaged in the performance of this Agreement. A8.2 Any and all employees of the ARTIST, while engaged in the performance of any work or services ArlworkAgreement (January 2011) Appendix A,General Conditions Page 2 of 7 required by the ARTIST under this Agreement, shall be Artist under this Contract. However, copyright of the considered employees of the ARTIST only and not of the Artwork, including its design, shall be owned by the CONTRACTING AGENCY and any and all Claims that Artist, subject to the following provisions: may or might arise under the Worker's Compensation Act on behalf of said employees, while so engaged and a. The State may display the Artwork in any place any and all Claims made by a third party as a and manner, so long as the integrity of the consequence of any negligent act or omission on the Artwork is not violated. Except for temporary part of the ARTIST's employees, while so engaged on relocations reasonably anticipated to last less any of the services to be rendered herein, shall be the than 180 days or relocations caused by sole obligation and responsibility of the ARTIST. emergencies or to protect the public from imminent harm, prior to the relocation of the A8.3 This Agreement will be declared null and void Artwork which may become necessary during should the CONTRACTING AGENCY determine that by the Artists life, the State shall, first send notice Internal Revenue Service definitions the ARTIST is an of the relocation by registered mail to the Artist employee of the CONTRACTING AGENCY. at the most recent address of the Artist that was recorded in the system of records established by ARTICLE A9 the Register of Copyrights pursuant to 17 U.S.C. PROSELYTIZING 113(D)(3). If the relocation will result in the destruction of the artwork, the notice shall A9.1 The ARTIST agrees that it will not engage on a specify that the Artist shall have 95 days from full or part time basis, during the period of this the date the notice was mailed to remove the Agreement, any person or persons who are or have artwork at the Artist's sole expense. This been employed by the CONTRACTING AGENCY during paragraph does not diminish the ultimate right of the period of this Agreement or during the 90 days the State to remove and relocate, to store or immediately preceding the date of this Agreement otherwise discontinue display, or to take any except those who have been regularly retired or other action described in Para. E, below. approved in writing by the CONTRACTING AGENCY. ARTICLE A10 b. The Artist shall deliver the final model of the PRECEDENCE OF DOCUMENTS Artwork created pursuant to this Contract to the State and agrees that it will not recreate such A10.1 Components of this Agreement shall stand and drawing, models or the completed Artwork for prevail in the following order: Agreement over another person or organization. Supplemental Conditions; Supplemental Conditions over General Conditions; General c. The State may photograph or otherwise Conditions over Summary of Work; Summary of Work reproduce the Artwork for documentary or over Compensation; Compensation over any archival purposes, or for use in information appendices, publications, so long as no monetary gain is realized directly for such use A10.2 If a "Request for Proposal" (RFP) and/or a proposal are appended to this Agreement, the d. The Artist shall be entitled to retain and utilize components described in paragraph 4.11.1 shall stand copies of the drawings and models, including and prevail over the proposal and the proposal over the photographs of the Artwork, for the Artist's own RFP. exhibitions. The Artist shall further be entitled to reproduce such drawings, models and A10.3 These terms, conditions and requirements apply photographs for use in the portfolio and in books to the Contract Documents describing the Work for the and publications about the Artwork, and to Project. If any provision of these Contract Documents is exercise all other reproduction rights provided declared by a court to be illegal or in conflict with any under the United States copyright laws, except law, the validity of the remaining provisions and the as otherwise restricted by this Contract. ensuing rights and obligations of the Parties to the contract shall not be affected. e. The Artist is aware of the waiveable rights of artists as authors of works of visual arts as set ARTICLE All forth in the Visual Artists' Rights Act of 1990, as OWNERSHIP OF WORK OF ART amended, and as codified in Title 17 of the United States Code (Visual Rights Act). To the A11.1 As of Final Acceptance, the State shall own the extent the Artwork would otherwise be protected Artwork, together with all drawings and models of the by the Visual Artists' Rights Act and the Artist Artwork, created by the Artist pursuant to this Contract. would otherwise be entitled to protection Prior to Final Acceptance, the State shall have, at its thereunder, the Artist expressly waives any and option, that percentage ownership interest in the artwork, all rights arising under the Visual Artists' Rights and in all materials, designs and efforts under this Act, except as otherwise stated in this contract, Contract, equivalent to that percentage of their fair market value that the State has at any time paid to the ArtworkAgreement (January 2011) Appendix A,General Conditions Page 3 of 7 that would in any way prevent the owner of the legal representatives of the CONTRACTING AGENCY facility in which the art is installed from with respect to all covenants of this Agreement. remodeling the facility in any manner suitable to the owner, except as otherwise stated in this Al2.5 The ARTIST shall include provisions appropriate provision, and waives any rights arising under to effectuate the purposes of this Agreement in all United States or Canadian federal, state or subcontracts executed to perform services under this provincial law or under the laws of any other Agreement that may exceed a cost of$25,000. country that conveys rights of the same nature as those conveyed under the Visual Artists' ARTICLE A13 Rights Act or any other type of moral right or CLAIMS AND DISPUTES droit moral with respect to the Artwork for any and all uses in which either the attribution or the A13.1 If the ARTIST becomes aware of any act or integrity right may be implicated including, occurrence that may form the basis of a Claim by the without limitation, the removal, relocation, ARTIST for additional compensation or an extension of destruction, distortion, mutilation or other time for performance, or if any dispute arises regarding a modification of all or any portion of the Artwork question of fact or interpretation of this Agreement, the as deemed necessary or desirable by the State, ARTIST shall immediately inform the Contract Manager. except as otherwise stated in this contract. If the matter cannot be resolved within 7 days, the ARTIST shall, within the next 14 days, submit its "Intent f. The Artist does not waive rights arising under to Claim"in writing to the Contract Manager. the Visual Artists' Rights Act should the owner of the facility seek to remove the Artwork due to A13.2 If the ARTIST believes additional compensation political controversy over the aesthetics of, is warranted, the ARTIST shall immediately begin to content of, or views perceived to be expressed keep and maintain complete, accurate and specific daily by the Artwork. records concerning every detail of the potential Claim including actual costs incurred. The ARTIST shall give g. The Artist expressly recognizes and the CONTRACTING AGENCY access to any such acknowledges that the construction and nature record and, when so requested, shall forthwith furnish of the Artwork may subject the Artwork to the CONTRACTING AGENCY copies thereof. destruction, distortion, mutilation or other Equipment costs shall be based on the ARTIST's modification by reason of removal or relocation internal rates for ownership, depreciation, and operating of all or any portion of the Artwork or by expenses and not on published rental rates. destruction of or modification to the building in which it is installed. In such case, as described A13.3 The Claim, if not resolved, shall be presented to in this provision, the Artwork shall no longer be the Contract Manager, in writing, within 60 days represented to be the work of the Artist without following receipt of the "Intent to Claim". The Contract the written consent of the Artist. Manager will acknowledge receipt of the Claim in writing. A13.4 The ARTIST agrees that unless these written ARTICLE Al2 notices are provided, the ARTIST will have no SUBCONTRACTORS, SUCCESSORS AND ASSIGNS entitlement to additional time or compensation for such act, event or condition. The ARTIST shall in any case Al2.1 The CONTRACTING AGENCY must concur in continue diligent performance under this Agreement. the selection of any person or firm that may be engaged in performance of this Agreement to provide negotiable A13.5 The Claim shall specifically include the following: professional or technical services, products, etc., (vs. commodity items available to the general public in stores a. The act, event or condition giving rise to the at market prices). Claim; Al2.2 If this Agreement includes named firms or b. The provisions of the Agreement which apply to individuals, then such firms or individuals shall be the Claim and under which relief is provided; employed for the designated services, unless the Agreement is changed by Amendments. c. The item or items of project work affected and how they are affected; and, Al2.3 The ARTIST shall not assign, sublet or transfer any interest in this Agreement without the prior written d. The specific relief requested, including Contract consent of the CONTRACTING AGENCY. Time if applicable, and the basis upon which it was calculated. Al2.4 The ARTIST binds itself, its partners, its Subcontractors, assignees and legal representatives to A13.6 The Claim, in order to be valid, must not only this Agreement and to the successors, assignees and show that the ARTIST suffered damages or delay but that those conditions were actually a result of the act, ArtworkAgreement (January 2011) Appendix A,General Conditions Page 4 of 7 event or condition complained of and that the Agreement A14.3 This Agreement may be changed only by written provides entitlement to relief to the ARTIST for such act, Amendment executed by both the CONTRACTING event, or condition. AGENCY and the ARTIST. A13.7 The Contract Manager reserves the right to make A14.4 All communications that affect this Agreement written requests to the ARTIST at any time for additional must be made or confirmed in writing and must be sent information that the ARTIST may possess relative to the to the addresses designated in this Agreement. Claim. The ARTIST agrees to provide the Contract Manager such additional information within 30 days of A14.5 The ARTIST on receiving final payment will receipt of such a request. Failure to furnish such execute a release, if required, in full of all Claims against additional information may be regarded as a waiver of the CONTRACTING AGENCY arising out of or by the Claim. reason of the services and work products furnished and under this Agreement. A13.8 If the Claim is not resolved by Agreement within 60 days of its receipt, the Contract Manager will issue a ARTICLE A15 written decision to the ARTIST. The ARTIST may appeal TAXES the Contract Manager's decision within 30 days to the Contracting Officer. Any appeal must be in writing and A15.1 As a condition of performance of this Agreement, must list the specific exceptions to the Contract the ARTIST shall pay all Federal, State and Local taxes Manager's decision including specific provisions of the incurred by the ARTIST and shall require their payment Agreement which the ARTIST intends to rely upon in his by any Subcontractor or any other persons in the appeal. performance of this Agreement. A13.9 The ARTIST shall certify that the Claim is made ARTICLE A LAW GOVERNING LAW in good faith, that the supporting cost and pricing data are accurate and complete to the best of the ARTIST's A16.1 This Agreement is governed by the laws of the knowledge and belief, and that the amount requested State of Alaska and Federal and Local Laws and accurately reflects the adjustment to the Agreement for Ordinances applicable to the work performed. The which the ARTIST believes the CONTRACTING ARTIST shall be cognizant and shall at all times observe AGENCY is liable. and comply with such laws which in any manner affect those engaged or employed in the performance, or A13.10 The ARTIST will be furnished a written signed which in any way affects the manner of performance, of copy of the Contracting Officer's decision within 90 days, this Agreement. unless the Contracting Officer requests additional information. The Contracting Officer's decision is final A16.2 The ARTIST must comply with all applicable and conclusive unless fraudulent as to the Claim or laws, regulations, codes, ordinances and written unless, within 14 days of receipt of the decision, the directives issued by the Procurement Officer. In ARTIST delivers a written Notice of Appeal to the addition, the ARTIST must obtain applicable licenses Appeals Officer designated on Page 8 of this and permits and provide supervision, labor, and tools. Agreement. A16.3 The Alaska Department of Labor and Workforce A13.11 Procedures for appeals via Arbitration are Development, Wage and Hour Administration, must be covered in 2 MC 16.950-989. notified in accordance with AS 36.05.010 and AS ARTICLE A14 36.5.30 if the cost of the construction exceeds EXTENT OF AGREEMENT $25,000. The ARTIST must comply with the requirements noted within the Department of Labor A14.1 This Agreement including appendices represents packet entitled"Laborers' the entire and integrated Agreement between the Mechanics' Minimum Rates of Pay". To obtain a copy CONTRACTING AGENCY and the ARTIST and of the referenced packet, contact the Procurement supersedes all prior negotiations, representations or Agency or the Department of Labor. Agreements, written or oral. ARTICLE A17 A14.2 Nothing contained herein may be deemed to SUMMARY OF WORK create any contractual relationship between the A17.1 The ARTIST shall finalize design of the Work of CONTRACTING AGENCY and any Subcontractors or Art that was proposed in response to the State's Call for material suppliers; nor may anything contained herein be Proposals (including any necessary professional deemed to give any third party Claim or right of action engineering design work) and then obtain the necessary against the CONTRACTING AGENCY or the ARTIST materials, construct the work, deliver it to the site, and which does not otherwise exist without this Agreement. install it in its intended location within the project (comply with construction licensure requirements relevant to those portions of the installation work governed by law or ArtworkAgreement (January 2011) Appendix A.General Conditions Page 5 of 7 regulation). (Copies of both the Call and the Proposal shall be entitled to coverage to the extent of such higher are incorporated into this Agreement by reference.) limits. Certificates of insurance must be furnished to the CONTRACTING AGENCY and incorporated into this A17.2 The ARTIST shall remedy all defects in materials Agreement with copies attached to this document. or workmanship that develop within a period of one year Certificates must provide for the CONTRACTING from the date of final payment. AGENCY to receive notice of any policy cancellation or reduction per AS 21.36 Sections 210-310. Failure to A17.3 The ARTIST shall have sole responsibility for the furnish certificates of insurance or lapse of the policy is a means, methods, sequences, or procedures of material breach and grounds for termination of the construction and safety precautions related to the ARTIST's services and may preclude other Agreements Project. The ARTIST shall conduct all Work in such a between the ARTIST and the CONTRACTING manner that protects the public and State resources. AGENCY. ARTICLE A18 INDEMNIFICATION &INSURANCE A18.5 Worker's Compensation Insurance: The ARTIST shall provide and maintain, for all employees engaged in A18.1 The ARTIST shall indemnify, hold harmless, and work under this Agreement, coverage as required by AS defend the CONTRACTING AGENCY from and against 23.30.045, and; where applicable, any other statutory any claim of, or liability for negligent acts, errors or obligations including but not limited to Federal USL&H omissions of the ARTIST under this Agreement. The and Jones Act requirements. The policy(s) must waive ARTIST shall not be required to indemnify the subrogation against the State of Alaska. Worker's CONTRACTING AGENCY for a claim of, or liability for, Compensation Insurance is not required if the the independent negligence of the CONTRACTING ARTIST is an Independent Contractor, Sole AGENCY. If there is a claim of, or liability for, the joint Proprietor or Self-Employed Person having no negligent error or omission of the ARTIST and the employees in any sense of AS 23.30.045 (Artist and independent negligence of the CONTRACTING Project Manager to agree in advance and in writing). AGENCY, the indemnification and hold harmless obligation shall be apportioned on a comparative fault A18.6 Commercial General Liability Insurance: Such basis. "ARTIST' and "CONTRACTING AGENCY", as policy shall have minimum coverage limits of $300,000 used within this article, include the employees, agents combined single limit per occurrence or split limits of and other contractors who are directly responsible, $300,000 per person/$500,000 per occurrence. The respectively, to each. The term "Independent policy shall be written on an "occurrence" form and shall Negligence" is negligence other than in the not be written as a "claims-made" form unless CONTRACTING AGENCY's selection, administration, specifically reviewed and agreed to by the monitoring, or controlling of the ARTIST and in CONTRACTING AGENCY. Comprehensive or approving or accepting the ARTIST's Work. Commercial General Liability Insurance is not required if the general public and clients do not have A18.2 The ARTIST shall exercise that degree of skill, any business access to a place of business or home care and judgment commensurate with the professional office maintained by the Artist (Artist and Project standards for the services of a similar nature. When Manager to agree in advance and in writing). such standards are in dispute, a panel of three qualified impartial professionals objectively selected and A18.7 Comprehensive Automobile Liability Insurance: appointed by the Appeals Officer shall establish them. Such policy shall have minimum coverage bodily injury liability limits of $300,000 combined single limit per A18.3 The ARTIST shall correct, through re- occurrence or split limits of $300,000 per performance at its expense, any services which are person/$500,000 per occurrence. The policy shall cover deficient or defective because of the ARTIST's failure to all owned, hired and non-owned vehicles. In addition, it perform said services in accordance with professional shall have a minimum of $50,000 per occurrence standards, provided the CONTRACTING AGENCY has property damage liability limits. Comprehensive notified the ARTIST in writing within a reasonable time, Automobile Liability Insurance is not required if only not to exceed 60 days, of the discovery of any such public transportation, or a rented passenger vehicle deficiency during the performance of the services and with business use insurance, will be used to within 12 months of the date of final payment under this accomplish requirements of this Agreement (Artist Agreement. and Project Manager to agree in advance and in writing). A18.4 Without limiting the ARTIST's indemnification, it is ARTICLE A19 agreed that ARTIST shall purchase at its own expense ALASKA LICENSES/REGISTRATIONS and maintain in force at all times for the duration of this Agreement the following policies of insurance. Where A19.1 The ARTIST and all Subcontractors shall comply specific limits are shown, it is understood that they shall with the following applicable requirements of Alaska be the minimum acceptable limits. If the ARTISTS policy Statutes: contains higher limits, the CONTRACTING AGENCY ArtworkAgreement (January 2011) Appendix A,General Conditions Page 6 of 7 c. Joint Ventures, regardless of type of services a. Alaska Business License (Form 08-070 issued provided, must be licensed/registered in the under AS 43.70) at the time designated for legal name of the Joint Venture as used in this opening (i.e., receipt) of proposals as required proposal (AS 43.70.020 and 43.70.110(4)) by AS 36.30.210(e) for ARTIST; and not later than five days after a Notice of Intent to Award as required by AS 36.30.210(a) and AS [For information about licensing, Offerors may 36.30.250(a)for all Subcontractors. contact the Alaska Department of Commerce and Economic Development, Division of Occupational b. Certificate of Incorporation (Alaska firms) or Licensing at P.O. Box 110806, Juneau, AK 99811- Certificate of Authorization for Foreign Firm 0806, or at Telephone(907)465-2550. ("Out-of-State" firms). All corporations, regardless of type of services provided, must have one of the certificates (AS 10.06.218 and other sections of Title 10.06 - Alaska Corporations Code). • ArtworkAgreement (January 2011) Appendix A,General Conditions Page 7 of 7 SUPPLEMENTARY CONDITIONS KIB Project No: 10021 APPENDIX B Date Prepared: 07/12/13 MODIFICATIONS TO THE GENERAL CONDITIONS B.6 Paragraph A6.1: Add the following after (default termination), "and the other party fails to procure within The following supplements modify, change, delete from, 10 days." add to Appendix A - General Conditions of this Artwork B.7 Paragraph A6.2: Add the following after Procurement Agreement. Where any article of the reasonable expenses, "including storage". General Conditions is modified, or Paragraph, Subparagraph, or Clause thereof is modified or deleted B.8 Paragraph A6.3: Add the following, "However, by these Supplementary Conditions, the unaltered the CONTRACTING AGENCY cannot complete the provisions of that Article, Paragraph, Subparagraph, or artwork without the ARTIST. And no rights shall pass to Clause shall remain in effect. the CONTRACTING AGENCY under Article A.11." (Any deletion or modification of the General Conditions B.9 Paragraph A11.1: Replace paragraph with, "As shall be approved "as to form" by the CONTRACTING of Final Acceptance, the Kodiak Island Borough (KIB) AGENCY's legal section, acknowledged in writing, and shall own the Artwork. The Artist may donate one ncluded below.) drawing and plans for archival purposes. The KIB shall * * * only own models of the Artwork, created by the Artist pursuant to this Contract, if separately paid for. Al Add KIB Copyright of the Artwork, including its design, shall be A11.1 Replace"State"with Kodiak Island Borough (KIB) owned by the Artist, subject to the following provisions:" A16 16.3 Replace$2000 with$25,000 B.10 Paragraph A11.1 a: Add after 113(D) (3), "unless B.1 Definition A1.6: Replace, "materials required for the artist has provided the CONTRACTING AGENCY production of the Work of Art have been ordered with a different address." (materials do not have to have actually been paid for)." with"that fabricator contract has been executed." B.11 Paragraph A11.1 b: Add After the ARTIST shall B.2 Add the following: "The ARTIST shall complete "at his option" all work required under this Agreement no later than B.12 Paragraph A11.1 e: Replace paragraph with, August 1-14, 2015 (after substantial completion of phase "The ARTIST is aware of the waiveable rights of artists 6 Area B." as authors of works of visual arts as set forth in the B.3 Add the following: "Schedule: The ARTIST shall Visual Artists' Rights Act of 1990, as amended, and as meet the following constraints. codified in Title 17 of the United States Code (Visual Work Schedule: Installation of artwork: August 1-14, Rights Act). To the extent the Artwork would otherwise 2015(After substantial completion of phase 6 Area B). ARTIST IST would ld otherwise h el be Rights Act and the ARTIST would orwi be entitled to protection Payment Schedule: thereunder, the ARTIST expressly waives any and all rights arising under the Visual Artists' Rights Act that a. 10%upon execution of contract would in any way prevent the owner of the facility in b. 30% upon acceptance of final design, dimensions which the art is installed from remodeling the facility in and proposed placement of artwork on the site, any manner suitable to the owner, except as otherwise engineering and installation plans. stated in this Agreement. c. 20%upon receipt of materials by ARTIST d. 40% upon completion of the work according to an B.13 Paragraph A11.1: Add Section h: "Except as installation work plan and is accepted by the Contract provided in e and g, the CONTRACTING AGENCY Manager agrees that it shall not intentionally alter or modify the Artwork." B.4 Add the following: "Coordination of on-site activities: The ARTIST shall coordinate its on-site 8.14 Paragraph A11.1: Add Section is "The activities with the CONTRACTING AGENCY to minimize CONTRACTING AGENCY agrees to reasonably disruption to the CONTRACTING AGENCY'S maintain the Artwork in accordance with maintenance construction contractor." instructions provided by the Artist and further agrees that repairs shall be made in accordance with conservation B.5 Paragraph A5.1: Replace, "it considers principles. The Artist shall be notified of any repair and appropriate" with "mutually acceptable to the ARTIST given a reasonable opportunity to make such repairs at and the CONTRACTING AGENCY this option under the terms of a separate agreement." B.15 Deleted. (January 2011) Appendix A,Supplementary Conditions Page 1 of 2 B.16 Paragraph A16.2: Replace paragraph with, " The ARTIST must comply with all applicable laws, regulations, codes, and ordinances. The ARTIST must also comply with written directives issued by the Procurement Officer prior to commencement." B.17 Paragraph A17.1, first sentence: Delete the clause, "(including any necessary professional engineering design work)" and Replace it with the following: "(including any necessary professional engineering design work related to the ARTIST'S scope of work)" B.18 Paragraph A17.1, first sentence Delete, "obtain the necessary materials, construct the work "and Replace with, "arrange for and supervise the fabrication of the Artwork, including materials and arrange to" B.19 Paragraph A17.1, Add the following to the end of the paragraph: "The ARTIST shall design and build: the sculpture's foundation and lighting system to illuminate the Art Work. The ARTIST shall furnish and install: lighting features, conduit and wiring from a power point provided by the CONTRACTING AGENCY, transformers, and incidental electrical work. The power point will consist of power cable and conduit terminating in a junction box at a location not more than 10 feet from the east edge of the sculpture. The ARTIST shall be responsible for all other Work required under this Agreement" B.20 Paragraph A17.3, Add to the end of the paragraph, "Notwithstanding, the CONTRACTING AGENCY shall prepare the site and provide electrical power as necessary for installation." B.21 Article A17, Add Paragraph A17.4, "The ARTIST shall provide lighting for the Artwork with consultation and approval of the CONTRACTING AGENCY." B.22 Paragraph A18.1, Add to the end of the paragraph, "The CONTRACTING AGENCY shall indemnify the ARTIST to the extent permitted by law from its own independent negligence following final acceptance of the Artwork. B.23 Paragraph 18.4, Add after CONTRACTING AGENCY in the fourth sentence, "by the ARTIST'S fabricator, shipper, installer and shall name the CONTRACTING AGENCY as insured" (January 2011) Appendix A,Supplementary Conditions Page 2 of 2 MARION OWEN PHOTOGRAPHY ntsif Marion Owen• 1223 W Kouskov•Kodiak,AK 99615•906-486-5079 Kodiak Island Borough RE: Kodiak High School Art in Public Places Project(Site 10:Admin/Office Suite) Artist: Marion Owen 1223 W Kouskov Kodiak,AK 99615 Phone:907-486-5079; email:mygardenC@alaska.net Dear members of the art selection committee, Enclosed are(13) photographs (3 vertical and 10 horizontal) mounted on black foam core. I selected these images to complement the architectural color scheme within the building and add a sense of calmness and peacefulness to office spaces and meeting rooms. The photographs will be reproduced on aluminum using a unique imaging technology the results in a depth and detail that resembles HDTV.The final photographs are frameless brushed aluminum float mounts that are coated with a light brushed satin finish.They have a rich,almost liquid feel to them.Security mount hardware locks the art to the wall.The photographs are extremely durable and easy to clean.You can learn more about the process at www.imagewizards.net I propose the following use of the photographs: 1.Welcome Center. Use one vertical image for the wall behind the Reception area as see from the Welcome Center(marked in red on the attached floor plan).This would measure approximately 40 inches wide x 84 inches tall -- a floor to ceiling panel). 2.Conference Room:Use one horizontal image as is,or cropped as a panoramic and mounted on one of two walls(marked in blue on the attached floor plan). 3.Offices: Utilize the remaining images for office spaces and hallway(outside conference room).These images would measure approximately 40 inches wide and 30 inches tall (ideal locations marked in on the attached floor plan). Production schedule:Two to three months Thank you for the opportunity to offer this proposal. I have lived and photographed on Kodiak Island since 1984 and my photographic murals are an integral part of the bear exhibits at the Refuge Visitor Center. I treat this opportunity as an honor. Sincerely, &frU(W Marion Owen Site Plar — 1 './I ra 1 S T 1.4,91 ' 11 o u�p7 1 ��°'I' _ rNB 1VE(ca4 y; f.51.V'rl. �`:'>w.__._ N.4 —{ ti CORER ii 10.51Q. 11 09101) i I _ _.'T I i I rk j ( W7 •,� — E Y.fY I 111;-;;I. b) s Dr® : wmm i ett9 1 I IT ISE :.1 y _-I 9.9 \; E491? j s.frr j e n , ` tt-flR E. :; O FIB I •W • a _..._.._.. - e1n, - r-e 1x Sr re ` `fir-,» >ES r ® N t C 1 e son I I ti Ca, ,EST ��+� , , ' I f11 .., a e•s iri. ..o(, ,x2'3 '.s III L . r n __ nw�•' RUMOR 5 I b ' The ni >, 111 -i ■ M1 ro t-0LY ..._12514-. II _p�V '012' 6GEF _i �i _ 3I I PESCJM] 'O ,e1.0 O.I <IWO F ._._I Cp9ENNR. - — -� - . . y - ,� R ' = I e Cl 1718 1H _1 I ROOM 6FCE _ 'Ei h 1 I I •• rzt I y �Y ill suaEOUat ti 1 ® 1 -- fESOOFQ URGE I1 GFRGE VESIMUS e �1 yE� I (9I+9) I Li _ — un — nn�� .__'___ k kW I w Nl1 , III!: I I.e1Ms : 9- B.UM h 1M 1/ O FIRST LEVEL PLAN-AREA B 91EEI All E(A..: I=19== e' Budget Form ALASKA STATE COUNCIL ON THE ARTS PERCENT FOR ART PERCENT FOR ART PROJECT PROPOSAL BUDGET Kodiak Island Borough-KHS AIPP 77 ARTIST NAME(s) I1 o- l N e uce-1\ SITE: W Materials and Supplies $ 1 �� CO Artist Fee Assistant(s)/Vendor(s) Fees $ n 01 Studio Cost or Rental(include utilities) $ Ili a Production and/or Fabrication $ d\Clone(% Insurance on work until Installation(in studio,during shipping, $ and at site) Gt�42uL�� W\S L:Ar'4 Tools and Equipment: nCa Purchase $ Rental $ Depreciation $ Travel $ Lodging $ ill Q Crating/Shipping $ .300.0 Pm-Installation/Site Preparation $ Installation $ I SO•OO Photographic Documentation Costs(required by contract) $ n V ( Identification Signage/Plaque(s) $200 Lighting $ Electrical Components Integral to the Work $ Engineer Fees $ n I a Designer Fees $ P\ I a Contingency $ I\ I Q TOTAL $ y7 ,(fin This proposal budget sheet is intended as an overview of art project expenses.Costs may be estimated based on recent professional experience and/or research. Please do not provide copies of vendor estimates with this budget. e If commissioned for proposed artwork,artists will be asked to submit a revised working budget that may include current vendor estimates. o Please complete this budget electronically if possible. Neat handwritten copies are acceptable. o Line Items can be added by selecting Table,Insert,Rows on the Microsoft Office Word toolbar. o Do riot delete line items,instead use N/A if line items do not apply to your proposal. If you have questions about this budget,please e-mail andrea.noble-pelant @olasko.gov and confirm your request for information by calling 907-259-6605 or toll free in Alaska 1-888-278-7424. a 0 O ' Or riy 1 _ w , #�YY F fj✓ i nn suM. 3 W a � YY J 'y I A + ? fix'. a: { s . - xfi t`t"''' { e 7 h. > kt ," -,.p ■ 6 r. ■ 1 t c it -. ,' W `t : ¢14 1e . t \ - 5 1 ., 1 O 1 r .. . 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Local flG ; Mark `~ '; Witteveen G been "'` flti asked 4J create a `� ' . *� r,4"4$r to map o y �; 1`/ " �9 KediaLk Island, OGtI `ln@ I ' j1 e �,4 (, „. 1 , i sa me TIEGOM°Cam—lake image shown here e �� 4�\ + ,�1� � -`t . • A�fog�nak Island, 4,4,7;4,,;:: vv\ � 4l' .�, a f • m 69 approximate _`��' fir; �t ►� , a , - .,. 1 r 61n� height and le,, 00 ` --. �`t, �lt o ' mounted gD '=-^ ^�i43QfiJ 'tl'� N ' .> interior wallB�nlapublhc =.c+ $,- `" ! b� ]o. portion Co fhx high ..: . ' �� , �°`4.' �1� •-R } ae x k.... a��'-G„<� school; = ;; ,=°°. s. .. r Finished iece• �,. P , , � U - e .�.. t Kodla l J lid _ � 0 O _ Art in u lc P aces Project ^ , + 11 t �" _ ° mss. tit . • . L.{-, _ ,fib a d"y a,n S ti 4 +.;�1A ,*,J--..,, hr •E_+'i�rvku+��... ;b p • t.o.. kj' i "` , 1 �f''�II k ' `�y;t� } lr.,r t f k k��u+_ti� 1 y A Y t�( �' } � 1-4. .., , #' %y". '1, �piv�i ..i : ms' s ,.. - 1 fi =� k' � �. " ,2 't` ' ' , r ` k ; iayg+? j� , 4_i s< 1� .. '.vc.-... y , : F_ . a �.. '^ c."---_ y` �.� 'li.. R M {k�°Y f'r� SYy T Y.L J ..,o, ti..._"i____ ___ ^^.G�+..o + v+ e ? s ~lf Yenta ill ' 1 e'er••O•rr The PROCESS • The KHS AIPP Committee met for a kick-off meeting in Kodiak on May 2"d, 2012 where 6 sites were identified to receive art and an overall theme "The Natural Resources of Kodiak" was established. Four additional sites were added throughout the process. • A Request for Qualifications was advertised nationally on CaFE with assistance from the Alaska State Council for the Arts. • We received 256 applications. The committee narrowed it down to 79 applicants in Round 1 and 32 in Round 2; ending up with 22 finalists to propose for the 10 identified sites. 10 of which are Alaskan, including 5 Kodiak artists. • Request for proposals for each site were distributed to the finalists, pre-proposal meetings were set and proposals were due December 7, 2012 • Proposals were reviewed by the appointed KHS AIPP committee on site December 11th and 12th, 2012 • Recommendations for finalists for each site are as follows: L. 4 0.4 ' . ' . 1 (' u 5-2 rt in publ ipc qpi a ices pro ect -EnRi 0 R PAT © a Leom2 @ N ER . . , .. . _..... , ..... ....._ _ _ .,..1 ; _ _ r — rirc 0 , .,-- - m r , -----('- \ , ,---- _ I I !, ?t '. _____•ir . . 4 -.-_ • . • \ - , i,,,i.?,- - _ , . , • ; - - - N \' -- -.• 03 ,...--- ---- . = t _ ,, • • \ 9-_, -.. .. .2. -.-,- - \ -..-`. , --,.-%•-• .. 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A43"c4N : ' 'A'' .t - , 1SV1/4,\\,; , wry,y 1,r ..(r, ; ..,.r r >> = S�°a'r inn' pubic ..aces ';aro . 'ct . AD ONUS RAC .® .. el €00 i � OF , MMOM , l_ ,r_ , . . h +ter , y • r=3 L IMi� I • • • G • . 1 . ' rr • • . t - • � I. I II . c , • i I' [ 1 • • \ I . .• • • . , i . • . 4 ‘ , ,.. : * ° KODIAK ISLAND BOROUGH z . AGENDA STATEMENT REGULAR MEETING OF: AUGUST 1, 2013 ITEM NO.: 13.A.4 TITLE: Approval of Amendment #4 to Contract No. FY2011-21 for the Kodiak High School Addition and Renovation Project with Jensen Yorba Lott. ORIGINATOR: Finance Director FISCAL IMPACT: ® Yes $439,720.00 or❑ No Funds Available ® Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Contract No. FY2011-21 excerpts; Amendment#4; memos; budget 4 APPROVAL FOR AGENDA: ci SUMMARY STATEMENT: Kodiak Island Borough code 3.30.100 "Limitation of Manager's Authority" states that a contract change order exceeding $200,000 requires Assembly approval. On January 20, 2011, the Assembly approved Contract No. FY2011-21 with Jensen Yorba Lott, Inc. of Juneau, Alaska for the Design of the Kodiak High School Addition and Renovation. At that time, it was recognized that additional services would be required, but could not be identified until the construction design was completed. The level of effort for these additional services has now been identified. JYL has requested a Not to Exceed amount of $439,720 for Additional Services. These services include Construction Administration, Closeout, Structural Observations, and Art in Public Places construction phase. These efforts will be billed for actual hours worked and reimbursable expenses. This contract amendment will not exceed the approved budget for the project. Further information is contained in the attached memos. RECOMMENDED MOTION: Move to authorize the Manager to approve Amendment #4 to Contract FY2011-21 with Jensen Yorba Lott for additional services for the Kodiak High School Addition and Renovation project in an Amount Not to Exceed $439,720 and to be paid on actual hours worked basis. Kodiak Island Borough Page 1 of 1 4n.{ lo- , :r - ,- Kodiak Island Borough 1 F �} A Fat:.� Engineering & Facilities Department ? a ,'1' - Projects Office pp ` !1, ‘ . " s�.r 710 Mill Bay Road YY • Kodiak, Alaska 99615 ,i-- , Phone (907) 486-9212 Fax (907) 486-9347 Date: July 19, 2013 To: Mayor and Assembly From: Jessica Wolfe, Project Manager RE: Jensen Yorba Lott Contract No. FY201 1-21, Amendment #4 The attached is Amendment#4 to the contract 2011-21 in the amount of$439,720. This will bring the contract total to $6,871,089. Of this amount, $156,497 is an Equipment expense, $46,215 Construction Management by Consultant expense and $49,060 is an Art expense. This brings the Design portion of the contract to $6,619,317, leaving a balance of$120,052 in the Design budget for the project. Jensen Yorba L Lott Inc. MEMORANDUM Designing Alaska Since 1935 Date: January 3,2011 To: Ken Smith From: Tony Yorba RE: KHS Explanation of preliminary fee proposal CC: Jessie Wolfe The following is a description of our approach to preparing the fee proposal for the Kodiak High School Renovation/Addition, and an approximation of the proposed fees: 1. The Jensen Yorba Loft Inc design team has been selected to provide professional services for the planning, design, construction documents, bidding, construction administration and final closeout for the additions and renovations to Kodiak High School. The project is bonded at approximately $76M. Of that amount, approximately $60M is slated for construction. The remainder is for equipment, furnishings, state mandated Art in Public Places, project administration and management, design services, DEED project administration, contingencies and other project costs. The project is expected to take at least 4 years from start of planning through construction to project closeout. 2. Professional Design services will be required throughout the duration of the project and can be broken down into basic services (consisting of standard architectural, structural,mechanical and electrical engineering tasks) and additional services, which are all other services other than basic services. 3. The full range and type of services cannot be established until the amount of demolition, renovation and additional construction is identified. A pre-design phase is planned prior to the main design effort to identify the amount of demolition, renovation and new construction necessary to accomplish the project goal. The basic and additional services necessary can then be quantified and the total fee established. 4. We have proposed a pre-design fee, which includes a conceptual design phase, calculated by adding up all of the work hours necessary to complete this phase. 5. Once pre-design is done,we can propose fees for virtually all of the remaining project tasks (schematic design through construction and project closeout). We propose to base our fees for these services on "Washington State Guidelines for ARCHITECTURE 0 INTERIOR DESIGN o CONSTRUCTION MANAGEMENT 522 WEST 100I STREET JUNEAU,ALASKA 99801 (907)586-1070 FAX(907)586-3959 www.jensenyorbalott eom PAGE 1 Architectural/Engineering Fees for Public Works Buildings". These guidelines have been required for use in all public works building projects in Washington State for a number of years. Other organizations, including University of Alaska Southeast,City and Borough of Juneau,Juneau School District and others, have also adopted them as a simple, equitable way to negotiate fees for public projects. The guidelines establish the basic services fee as a percent of the construction budget. Additional services are determined by adding up Additional Services hours and reimbursable expenses. The combination of basic and additional services is the total fee. We have used this method to determine fees for a number of projects to the satisfaction of owners and design team members precisely because it is a fair and transparent method of negotiating fees. We can approximate the basic services fee once the construction budget is formally approved-according to the Washington State Guidelines, basic services will be around 7.12% of construction. We won't know the full extent of additional services necessary until Pre-Design is complete. However, we have made an estimate of likely Basic and Additional services required to accomplish the work. The following summarizes the fee approximation, rounded: Construction Budget: $60.8 M Pre-Design/Concept Design: $.5M Approximate Basic Services (assume 7.12% of construction) $4.3M Approximate Additional Services: $.8M Approximate total, all design services: $5.6M Approximate total, all design services (as percent of 9.2% construction) It is anticipated that the KIB will submit an application to the Alaska Department of Education and Early Development (DEED) for partial debt reimbursement for the Kodiak High School Renovation/Addition, including the cost of design services. The proposed design services fee compares favorably with the amount DEED normally budgets for a similar scope of services in their project agreements. It is important to note that the cost of design services, as well as other project costs, are included in the overall project budget and do not detract from the construction budget. G:\_Projects\10077\Corr\fee negotiations\explanation of preliminary fee proposal.docx ARCHITECTURE•INTERIOR DESIGN•LANDSCAPE ARCHITECTURE 522 WEST 1001 STREET JUNEAU,ALASKA 99801 (907)586-1070 FAX(907)586-3959 www.jensenyorbalott.com PAGE 2 d ,% `.`a ENGINEERING/FACILITIES DEPARTMENT 4 y`' MEMORANDUM DATE: 1-19-2011 FROM: Woody Koning, Director TO: Rick Gifford, Borough Manager CC: Ken Smith, Project Manager RE: Summary of Negotiations for Contract 2011-21 The following outlines key points in the contract negotiations between KIB and JYL: u Both parties agreed to employ the Washington State "Guidelines for Determining A/E Fees for Public Works Building Projects"to determine the fee. The manual provides a guide to arrive at a fair value for A/E services expressed as a percentage of construction cost. The starting point in the guide is a table indicating appropriate factors for the type and size of building to be designed. This table represents fees for basic(bare bones) A/E services starting with schematic design. What is the amount of construction cost? At this point in the process we don't have an accurate cost estimate because we don't yet know enough about what form the building will take i.e. rehab,new construction,total finished size,etc. When Pre-Design and Concept Design decisions are completed,we will have a much more accurate construction cost estimate from which to calculate final design fees. o For the purposes of executing this contract we will use the estimated budget amounts approved by the voters in the bond issue, which will be adjusted at the conclusion of the Schematic Design phase. TOTAL PROJECT COST 76,000,000 PROJECT SOFT COST®20% 15,200,000 CONSTRUCTION COST 60.800.000 • The Fee Schedule in the guide allows the fee for basic services for a building of this type and size as follows: BASIC A/E SERVICES 5.70% of construction cost ADD FOR RENOVATION 1.00% of construction cost ADD FOR PHASING 0.25% of construction cost TOTAL BASIC SERVICES FEE 6.95% of construction cost e Additional Services by phase(not included in the "bare bones" basic services) allowance are: PRE-DESIGN 378,857 CONCEPTUAL DESIGN 164,390 ADDITIONAL SCHEMATICS 31,340 ADDITIONAL DESIGN DEVELOPMENT 110,200 ADDITIONAL CONSTRUCTION DOCUMENTS 148,000 ADDITIONAL CONSTRUCTION ADMIN 75,680 TOTAL ADDITIONAL SERVICES 908.467 NOTE: See Article 4 in the Agreement for a list of Additional Services • Summary total of estimated A/E services: BASIC SERVICES (6.95% of 60,800,000) 4,225,600 ADDITIONAL SERVICES 908,467 TOTAL ESTIMATED A/E FEE 5,134,067 Please note that the totals are estimates based on budgeted amounts for construction. Final amounts will be calculated based on the cost estimates for construction of approved Conceptual Design. In this contract KIB is agreeing to scope of services, additional services amounts, and the factor (6.95%) for calculating the basic services fee. §10.4 If the Owner requests the Architect to execute certificates,the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution.If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender,the Architect shall execute all such consents that are consistent with this Agreement,provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution.The Architect shall not be required to execute certificates or consents that would require knowledge,services or responsibilities beyond the scope of this Agreement. §10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against tither the Owner or Architect §10.6 Unless otherwise required in this Agreement,the Architect shall have no responsibility for the discovery, presence,handling,removal or disposal of,or exposure of persons to,hazardous materials or toxic substances in any form at the Project site. §10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials.The Architect shall be given reasonable access to the completed Project to make such representations.However,the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary.The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. §10.8 If the Architect or Owner receives information specifically designated by the other party as"confidential"or "business proprietary,"the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to(I)its employees,(2)those who need to know the content of such information in order to perform services or construction solely and exclusively for the Project,or(3)its consultants and contractors whose contracts include similar restrictions on the use of confidential information. ARTICLE 11 COMPENSATION §11.1 For the Architect's Basic Services described under Article 3,the Owner shall compensate the Architect as follows: (Insert amount of or basis for,compensation) The basis of compensation for basic services shall be the Washington State Guidelines for Determining Architect/Engineer Fees for Public Works Building Projects,effective July 1,2009,including Exhibit A.A/E Fee Schedule effective July 1,2007. The attached fee proposal describes the anticipated basic services fees,Actual Basic services fees shall be determined after Concept Design and this contract will be amended as required. §11.2 For Additional Services designated in Section 4.1,the Owner shall compensate the Architect as follows: (Insert amount of or basis for,compensation.If necessary,list specific services to which particular methods of compensation apply.) The basis of compensation for additional services shall be the Washington State Guidelines for Determining Architect/Engineer Fees for Public Works Building Proiects,effective July ,2009,including Exhibit A.A/E Fee Schedule effective July 1,2007, The attached fee proposal describes the additional services fees for he-Design and Concept Design. Actual additional services fees shall be determined after Concept Design and this contract will be amended as required. §11.3 For Additional Services that may wise during the course of the Project,including those under Section 4.3,the Owner shall compensate the Architect as follows: (Insert amount of or basis for,compensation.) as negotiated §11.4 Compensation for Additional Services of the Architect's consultants when not included in Section 11.2 or 11.3,shall be the amount invoiced to the Architect plus ten percent( ,)Q %),or as otherwise stated below: init. ALA Document B101w-200/(formerly Btal°-1997).Copyright 0 1974,1978,1987,1997 and 2007 by The American Institute of Aromteels.NI rights reserved.WARNING:This AIA'Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of 17 this NAe Document,or any portion of It,may mutt In severe civil and criminal penalties.and will be prosecuted to the maximum extent possible I under tot law.Ma document was produced by AMA ecaware at 13:5794 on D1/121201I under Order No 6658209149 1 which expires on 04/14/2011.and Is not for male. User Notes: (1514231881) JENSEN YORBA LOTT,Inc. DESIGN SERVICES PROPOSAL SUMMARY Project: KHS Fee Proposal SERVICES FEE TYPE EXPENSES TAX TOTAL Additional Services: Pre-Design $378,857 Conceptual Design $164,390 NOTEIIII Schematics $31,340 ASSUMED COSTS Design Development $110.200 not yet edited Construction Documents $148,000 Bidding SO Construction Administration $75,680 Closeout $0 Total Additional Services $908,467 Maximum Allowable Construction Cost(MACC) $60,800,000 Subtotal Basic design fee 5.70% $3,465,600 Increase for renovation(assume 50%) 2.00% $608,000 Increase for phased construction 0.25% 152000 Total Basic fee(percent of MACC),calculi 6.95% 6.95 Total Basic Fee $4,225,600 Basic Service by Phase: Pre-Design NA NA Conceptual Design NA NA Schematic 13% 5549,328 Design Development 20% $845,120 Construction Documents 36% $1,521,216 Bidding(includes conformed drawings) 2% $84,512 CA 27% $1,140,912 Closeout 2% $84,512 Total Basic Services Fee 100% $4,225,600 TOTAL BASIC SERVICES PLUS AODNIONAL SERVICES FEE $5,134,067 10077 Ma fees estimated through o1eout 11211-euM(2) 1 1/12/2011 KODIAK ISLAND BOROUGH CONTRACT AMENDMENT 710 MILL BAY ROAD KODIAK, ALASKA 99615 Contract No. 2011-21 Amendment No. 4 Project Name,Number& Location Amount of Contract&Amendment Kodiak High School Addition&Renovation Original Contract $ 5,134,067.00 Previous Changes $ 1,297,302,00 Contractor Jensen Yorba Lott, Inc. This Change $ 439,720.00 460-533 452.140 10021.5B.A Adjusted Contract $ 6,871,089.00 Description of Change Cost Art in Public Places Construction Phase Services $ 24,060.00 Construction Administration Additional Services $ 127,339.00 Construction Administration Reimbursable Expenses $ 84,100.00 Project Closeout Additional Services $ 105,406.00 Project Closeout Reimbursable Expenses $ 52,600.00 Structural Engineering Construction Observation Services $ 46,215.00 The time provided for completion of the contract is(N unchanged)(U increased)(U decreased)by calendar days. This document shat become an;m ndment to the contract and allprovisions of the contract will apply thereto. Accepted By: Date 7 ' I Cr ' 1 3 on cto ' R.•'-sentative Recommended. Date ngineering/Facilities Director Finance Director Approved By: Attest: Date Manager(Less Than 570,000—Total Borough Clerk for all change orders on this contract) If the change order or orders exceeds ten thousand(10,000) dollars, it will require the signatures of: A. The mayor and deputy presiding officer; B. The mayor and one(1)assembly member in the absence of the deputy presiding officer; C. The deputy presiding officer and one(1)assembly member in the absence of the mayor;or D. Any two(2)assembly members in the absence of the mayor and deputy presiding officer. Approved By: Date Mayor Deputy Presiding Officer Jensen Yorba ]Lout , ` I Inc. ® zI`' MEMORANDUM Serving Alaska Since 1935 Date: July 11,2013 To: Jessi Wolfe From: Tony Yorba RE: KHS Summary of additional services through closeout CC: Dan Vermedal As you know, our original contract for design services included the lump sum from the Washington State Guidelines, but did not include an estimation of the additional services that would likely be required. They were not included because the project delivery method,phasing and duration of construction had not yet been decided, so the types of additional services were at that time unknown. Since that time the scope,including phasing and duration of construction has been determined. In addition, the KIB has requested additional services specific to their needs in taking this project to closeout. The following is a description of the additional inspection and other services requested to date for the Kodiak High School Addition and Renovation. These services are anticipated to be provided during the Construction Administration and Closeout phases of the contract General: Washington State Guidelines used as the basis of the contract break the remaining design team work into two categories of services: Construction Administration(assumed to be from the contractors NTP until the time he requests a substantial completion inspection) and Closeout Services (everything from the substantial completion inspections until the warranty period is over). The Guidelines suggest that some site visits during CA be included in the basic services-essentially to keep appraised of the progress of work. However, after looking at the complexity and duration of the project,and the number of substantial completion and final completion inspections needed for 9 phases, we cannot include site visits in a basic services fixed fee for CA or Closeout Construction Administration Services: The basic services agreement allows Dan Fabrello,our construction manager, 87 hours per month,or a little less than half ARCHITECTURE 0 INTERIOR DESIGN 0 CONSTRUCTION MANAGEMENT 522 WEST 10Th STREET JUNEAU,ALASKA 99801 (907)586-1070 FAX(907)586-3959 www.jensenyorbalott.com PAGE] time, Lisa EganLagerquist 61 hours per month, and Matt Glassman only 21 hours per month for the duration of CA, with no time allocated for myself. From our experience so far, we are working at nearly double the allocated rate due to the complexity of the work and the urgency of the construction schedule required to align the work with the school year schedule. In order to provide the level of service the Borough expects and the project required, I would like to propose that we provide the basic services under the hours structured above for CA, and bill site visits as an additional service on a T&M basis, Closeout Services: The Close-out Phase includes all services once the contractor asks for the substantial completion inspection,including final inspections, warranty etc. This project has 9 phases and I simply can't provide substantial completion inspections and final inspections for all those phases and have any time left for the other services required within the closeout services budget. In addition, the extent of services required during close-out such as warranty and other issues are going to be difficult to predict. I would like to propose that we simply establish a budget to bill from and provide all Closeout services on a T&M basis. Consultant Additional Services: I have included the construction administration and construction observation services of consultants not included in the basic services agreements. They include: Environmental Engineering services for hazardous materials abatement; Audio/Video consultant for IT, sound and video systems; Landscape Architecture; Kitchen Consultant. Fees for their services are included in the spread sheets. Art In Public Places: The AIPP process is an additional service that has moved into a phase similar to construction administration. Seven separate art pieces have been selected that require varying levels of detailing and coordination between the design team, the construction team and the artists. For instance, Site 1 includes steel straps embedded in the concrete, and then polished with the slab. We are working with the artist to accomplish this work, which includes coordination across two construction phases, multiple construction and contraction joints and other technical challenges. Other works will require revisions to installation of wall tile, lighting, structural backing for wall mounted pieces and other work. We provided a spread sheet to establish a T&M budget, and will bill against it on an as-need basis. Additional Structural Observations: The 2009 International Building Code, Section 1710 requires additional structural observations. JYL suggested,and KIB Project Management agreed to ask KIB's special inspection consultant to perform these inspections. However,it became almost immediately apparent that the entity doing the code required observations must have the authority to ARCHITECTURE o INTERIOR DESIGN 0 CONSTRUCTION MANAGEMENT 522 WEST 10TH STREET JUNEAU,ALASKA 99801 (907)586-1070 FAX(907)586-3959 www.jensenyorbalott.com PAGE 2 interpret the intention of the design and make judgments when variations due to existing conditions, means of construction or other reasons arise. The special inspectors cannot or should not be making these kinds of determinations. After discussion between the design team and project management, it was agreed that the structural engineers of record (PND Inc.) should perform these inspections. To minimize the additional cost of these observations, we agreed to integrate the additional structural observations into the other construction site visits requested, and add only additional observation that could not otherwise be accomplished during normal site visits. This added 13 additional observation trips to the 13 already requested, for a total of 26 structural site visits. We have provided a written proposal from the structural observations, as well as the engineers fee proposal for your use. We have prepared spread sheets that describe the level of funding we estimate at this time in the project as being sufficient to support the time and expenses necessary. Those spread sheets are attached. ARCHITECTURE o INTERIOR DESIGN o CONSTRUCTION MANAGEMENT 522 WEST 10TH STREET JUNEAU,ALASKA 99801 (907)586-1070 FAX(907)586-3959 www.jensenyorba Iott.com PAGE 3 JENSEN YORBA LOTT, Inc. DESIGN SERVICES PROPOSAL AIPP Construction Phase Services Project: KHS Addition and Renovation Arch/LArch/lDes STAFF: PMgr III II III Intern Drft AA TOTAL $140 $120 $105 $130 $80 $70 $75 ARCHITECTURE: Project Management 5 Site visits (assume 2) 24 Coordination and 80 Detailing Subtotal(hours) 109 0 0 0 0 0 0 109 Subtotal(dollars) $15,260 $0 $0 $0 $0 $0 $0 $15,260 CONSULTANTS: Electrical $3,000 Structural Engineering $3,000 Mechanical $2,000 Subtotal $8,000 Overhead/Profit 10% $800 Total $8,800 TOTAL AIPP Construction Phase FEE $24,060 10077 khs fees estimated through closeout 4 13 12.xls-AIPP CA 7/11/2013 JENSEN YORBA LOTT, Inc. DESIGN SERVICES PROPOSAL CONSTRUCTION ADMINISTRATION ADDITIONAL SERVICES Project: KHS Addition and Renovation Arch/LArch/IDes STAFF: PMgr III II III Intern DM AA TOTAL $140 $120 $105 $130 $80 $70 $75 ARCHITECTURE: Project Management 30 Site visits 19 visits x 8 hrs 152 Subtotal (hours) 30 152 0 0 0 0 0 182 Subtotal (dollars) $4,200 $18,240 $0 $0 $0 $0 $0 $22,440 CONSULTANTS: AV Consultant $10,000 Landscape $9,580 Structural Engineering site visits(13 visits x 12 hrs) $20,280 Haz Mat $26,378 Food Service consultant $1,500 Struct Engineering IBC required Structural Observations(13 visits) $27,625 Subtotal $95,363 Overhead/Profit 10% $9,536 Total $104,899 TOTAL CA ADDITIONAL SERVICES FEE $127,339 10077 khs fees estimated through closeout 4 13 12.xls-CA 1 7/10/2013 JENSEN YORBA LOTT, Inc. DESIGN SERVICES PROPOSAL REIMBURSABLE EXPENSES FOR CONSTRUCTION ADMINISTRATION Project: KHS Addition and Renovation 10 20 30 40 50 60 70 80 PHASE: Pre-D Site SD DD CD BID CA CO TOTAL TRAVEL Rate Arch Trips 21 21 cost $1,400 $0 $0 $0 $0 $0 $0 $29,400 $0 $29,400 Struct Trips 26 26 Cost $1,400 $0 $0 $0 $0 $0 $0 $36,400 $0 $36,400 AV Trips 4 4 Cost $1,200 $0 $0 $0 $0 $0 $0 $4,800 $0 $4,800 Mech Trips 7 7 Cost $900 $0 $0 $0 $0 $0 $0 $6,300 $0 $6,300 Elect Trips 7 7 Cost $900 $0 $0 $0 $0 $0 $0 $6,300 $0 $6,300 LALA Trips 1 1 Cost $900 $0 $0 $0 $0 $0 $0 $900 $0 $900 Subtotal $0 $0 $0 $0 $0 $0 $84,100 $0 $84,100 PER DIEM Arch 0 Struct 0 Rate $0 Total $0 $0 $0 $0 $0 $0 $0 $0 $0 PRINTING/COPYING 11 x 17 Copy No. 0 Rate $0.25 Mylar Repros: No. 0 Rate $20.00 Letter Copy: No. 0 Rate $0.15 Large Copy: No. 0 Rate $6.00 Total $0 $0 $0 $0 $0 $0 $0 $0 $0 PHONE/FAX $o POSTAGE/COURIER $o PHOTO/MISC $o ENGIN REIMB $o RENDERINGS $o OH/P 0% $0 $0 $0 $0 $0 $0 $0 $0 $0 CA TOTAL $o so $o so so so $84.100 $0 $84,100 10077 khs fees estimated through closeout 4 13 12.xls-ca ReiAib 7/11/2013 JENSEN YORBA LOTT, Inc. DESIGN SERVICES PROPOSAL CLOSEOUT ADDITIONAL SERVICES Project: KHS Addition and Renovation Arch/LArch/IDes STAFF: PMgr III II III Intern Drft AA TOTAL $140 $120 $105 $130 $80 $70 $75 ARCHITECTURE: Project Management 16 Pre-Construction Conf Field Observations x @ x hours Testing and Inspection Admin x @ x hours Substantial Compl lnsp 7 @ 12 hours 84 Final Completion lnsp 7 @ 12 hours 84 Subtotal(hours) 16 168 0 0 0 0 0 184 Subtotal (dollars) $2,240 $20,160 $0 $0 $0 $0 $0 $22,400 CONSULTANTS: AV consultant $8,000 Civil Engineering (4 SC insp @ 12 hrs x 160 hr) $7,680 Structural Engineering(no closeout insp) $0 Mechanical Engineering(14 SC&FC @12 hrs x 160 hr) $26,880 Electrical Engineering(14 SC&FC @12 hrs x 160 hr) $26,880 Food Service $3,300 Landscape $2,720 Subtotal $75,460 Overhead/Profit 10% $7,546 Total $83,006 TOTAL CLOSEOUT ADDITIONAL SERVICES FEE $105,406 10077 khs fees estimated through closeout 4 13 12.xls-Closeo4rt 7/10/2013 JENSEN YORBA LOTT, Inc. DESIGN SERVICES PROPOSAL CLOSEOUT REIMBURSABLE EXPENSES Project: KHS Addition and Renovation 10 20 30 40 50 60 70 80 PHASE: Pre-D Site SD DD CD BID CA CO TOTAL TRAVEL Rate Arch Trips 14 14 Cost $1,400 $0 $0 $0 $0 $0 $0 $0 $19,600 $19,600 Food Service Trips 1 1 Cost $1,200 $0 $0 $0 $0 $0 $0 $0 $1,200 $1,200 Civil Trips 4 4 Cost $900 $0 $0 $0 $0 $0 $0 $0 $3,600 $3,600 AV Trips 1 1 Cost $1,200 $0 $0 $0 $0 $0 $0 $0 $1,200 $1,200 Mech Trips 14 14 Cost $900 $0 $0 $0 $0 $0 $0 $0 $12,600 $12,600 Elect Trips 14 14 Cost $900 $0 $0 $0 $0 $0 $0 $0 $12,600 $12,600 LALA Trips 2 2 Cost $900 $0 $0 $0 $0 $0 $0 $0 $1,800 $1,800 Subtotal $0 $0 $0 $0 $0 $0 $0 $52,600 $52,600 PER DIEM Elect 0 Rate $0 Total $0 $0 $0 $0 $0 $0 $0 $0 $0 PRINTING/COPYING 11 x 17 Copy No. 0 Rate $0.25 Mylar Repros: No. 0 Rate $20.00 Letter Copy: No. 0 Rate $0.15 Large Copy: No. 0 Rate $6.00 Total $0 $0 $0 $0 $0 $0 $0 $0 $0 PHONE/FAX $o POSTAGE/COURIER $o PHOTO/MISC $o ENGIN REIMB $o RENDERINGS $0 OH/P 0% $0 $0 $0 $0 $0 $0 $0 $0 $o TOTAL $0 $0 $0 $0 $0 $0 $0 $52,600 $52,600 '10077 khs fees estimated through closeout 4 13 12.xls-closeodt Reimb 7/10/2013 ENGINEERS, INC.. June 26,2013 PND 102080 Mr.Tony Yorba Jensen Yorba Lott,Inc. 522 West 10th Street Juneau,Alaska 99801 Re: Kodiak High School Structural Observation Structural Engineering Fee Proposal Dear Tony, PND Engineers appreciates the opportunity to assist Jensen Yorba Lott on the Kodiak High School project. The project requires structural observation per 2009 IBC Section 1710. You have asked PND to provide structural observations services. The structural observation site visits in this proposal would be in addition to the inspections already approved under a separate contract. The inspections already approved include 6 site visits for Area A, 5 site visits for Area B, and 2 site visits for both Areas D and E. These site visits were considered separate from our basic construction administration contract. The 2009 IBC requires structural observation by a registered design professional for structures assigned to Seismic Design Category D,E,or F and when one or more of the following conditions exist: 1) The structure is classified as Occupancy Category Ill or IV. 2) The height of the structure is greater than 75 feet. 3) The structure is assigned to Seismic Design Category E, is classified as Occupancy Category I or Il, and is greater than two stones. 4) When so designated by the registered design professional responsible for the structural design. 5) When required by the building official. Areas A, 13, and C meet condition 1 above and therefore require structural observation. Areas D, E, and F are not being upgraded to Occupancy III,are not greater than 75 feet,and are not assigned to Seismic Design Category E. As the registered design professional responsible for the structural design,we do not believe that structural observation should be required for these areas. Therefore,unless the building official would like to require structural observation,it is not required and has not been included in this proposal. Scope of Services PND proposes the following scope of services: 1) Area A: 6 site visits. In addition to the 6 site visits previously approved,that is a total of 12 site visits. We foresee a site visit every other week during the primary structural construction. This would equate to a six month duration of the primary structural construction. 9360 Glacier Highway,Suite 100 Juneau,Alaska 99801 •Phone 907.586.2093• Fax 907.586.2099 Kodiak High School Structural Observation Structural Engineering Fee Proposal June 26,2013 Page 2 2) Area B: 5 site visits. In addition to the S site visits previously approved, that is a total of 10 site visits. We foresee a site visit every other week during the primary structural work. This would equate to a five month duration of the primary structural construction. 3) Area C: 2 site visits. One of these site visits has already been performed and we foresee the second site visit being performed during the steel floor framing and braced frame erection. The contractor has not provided a comprehensive schedule so the actual duration of the primary structural construction has been estimated in this proposal. If the actual duration is exceeded,it may be necessary for additional site visits to be performed. Fee Estimate PND proposes to provide the services outlined on a time and expenses basis. We estimate our fees to be $46,215. A detailed breakdown of the fee is attached. \X'e will invoice our time monthly in accordance with the attached rate schedule and expenses at cost plus 10 percent. The IBC requires that prior to the commencement of observations, the frequency and extent of the structural observations in this proposal be submitted and approved by the building official. Hopefully, this proposal suits your needs. If you have questions or need additional information, please feel free to contact me. We look forward to your response and working with you on this project. Sincerely, PND Engineers, Inc. I Juneau Office Brian Nielsen,P.E.,S.E. Senior Engineer Enc. CMG PND Engineers Inc. June 26,2013 9360 Glacier Highway Suite 100 PND 102080 Juneau,Alaska 99801 Kodiak High School -Structural Observation Structural Engineering Fee Estimate Engineering Services LABOR Professional Technical Administrative Struct. Senior Staff Staff CADD Tech IV Eng. Engineer Engineer Engineer Tech. IV Task Costs Principal III IV III Task Hourly Rata $17500 $130.00 $95.00 $90.00 $90.00 $90.00 A Area A 6 Site Visits 96 3 $12,750 B Area B 5 Site Visits 80 2.5 $10,625 C Area C 2 Site Visits 32 1 $4,250 Total Labor 208 _ 6.5 $27,625 EXPENSES Airfare 13 Round Trips @$1,100 per trip $14,300 Per Diem 13 Days @$200 per day $2,600 • Expense Markup 10.0%of sum of expenses $1,690 Total Expenses $18,590 Total Project Management and Structural Engineering Design Services $46,215 Jensen Yorba Lott, Inc. Contract 2011-21 Contract Summary Budget CM by Consultant $ 46,215.00 $1,335,155.00 Design $6,619,317.00 $6,739,369.00 Furniture, Fixtures & Equipment $ 156,497.00 $2,000,000.00 Art in Public Places $ 49,060.00 $ 667,578.00 Contract Total $6,871,089.00 Jensen - '' 1-- Yorba - .'a :�. Lott �- Inc. ® MEMORANDUM Designing Alaska Since 1935 Date: January 3,2011 To: Ken Smith From: Tony Yorba RE: KHS Explanation of preliminary fee proposal CC: Jessie Wolfe The following is a description of our approach to preparing the fee proposal for the Kodiak High School Renovation/Addition, and an approximation of the proposed fees: 1. The Jensen Yorba Lott Inc design team has been selected to provide professional services for the planning, design,construction documents,bidding, construction administration and final closeout for the additions and renovations to Kodiak High School. The project is bonded at approximately $76M. Of that amount, approximately $60M is slated for construction. The remainder is for equipment, furnishings, state mandated Art in Public Places, project administration and management, design services, DEED project administration,contingencies and other project costs. The project is expected to take at least 4 years from start of planning through construction to project closeout. 2. Professional Design services will be required throughout the duration of the project and can be broken down into basic services (consisting of standard architectural, structural,mechanical and electrical engineering tasks) and additional services, which are all other services other than basic services. 3. The full range and type of services cannot be established until the amount of demolition, renovation and additional construction is identified. A pre-design phase is planned prior to the main design effort to identify the amount of demolition, renovation and new construction necessary to accomplish the project goal. The basic and additional services necessary can then be quantified and the total fee established. 4. We have proposed a pre-design fee,which includes a conceptual design phase, calculated by adding up all of the work hours necessary to complete this phase. 5. Once pre-design is done, we can propose fees for virtually all of the remaining project tasks (schematic design through construction and project closeout). We propose to base our fees for these services on "Washington State Guidelines for ARCHITECTURE o INTERIOR DESIGN o CONSTRUCTION MANAGEMENT 522 WEST 10'r+3 STREET JUNEAU,ALASKA 99801 (907)586-1070 FAX(907)586-3959 www.jensenvorbalott.com PAGE1 Architectural/Engineering Fees for Public Works Buildings". These guidelines have been required for use in all public works building projects in Washington State for a number of years. Other organizations, including University of Alaska Southeast, City and Borough of Juneau, Juneau School District and others,have also adopted them as a simple, equitable way to negotiate fees for public projects. The guidelines establish the basic services fee as a percent of the construction budget. Additional services are determined by adding up Additional Services hours and reimbursable expenses. The combination of basic and additional services is the total fee. We have used this method to determine fees for a number of projects to the satisfaction of owners and design team members precisely because it is a fair and transparent method of negotiating fees. We can approximate the basic services fee once the construction budget is formally approved-according to the Washington State Guidelines, basic services will be around 7.12% of construction. We won't know the full extent of additional services necessary until Pre-Design is complete. However, we have made an estimate of likely Basic and Additional services required to accomplish the work. The following summarizes the fee approximation, rounded: Construction Budget: $60.8 M Pre-Design/Concept Design: $.5M Approximate Basic Services (assume 7.12% of construction) $4.3M Approximate Additional Services: $.8M Approximate total, all design services: $5.6M Approximate total, all design services (as percent of 9.2% construction) It is anticipated that the KIB will submit an application to the Alaska Department of Education and Early Development (DEED) for partial debt reimbursement for the Kodiak High School Renovation/Addition, including the cost of design services. The proposed design services fee compares favorably with the amount DEED normally budgets for a similar scope of services in their project agreements. It is important to note that the cost of design services, as well as other project costs, are included in the overall project budget and do not detract from the construction budget. G:\_Projecis\10077\Cornfee negotiations\explanation of preliminary fee proposal.docx ARCHITECTURE•INTERIOR DESIGN'LANDSCAPE ARCHITECTURE 522 WESr Wm STREET JUNEAU,ALASKA 99801 (907)586-1070 FAX(907)586-3959 www.jensenyorbalott.com PAGE 2 aQA KODIAK ISLAND BOROUGH a . 3 AGENDA STATEMENT XI REGULAR MEETING OF: AUGUST 1, 2013 ITEM NO.: 13.B.1 TITLE: Resolution No. FY2014-07 Authorizing the Manager to Execute a Sole Source Agreement with Integrated Logic, LLC of Palmer, Alaska to Provide and Implement Information Technology Network Equipment for the Kodiak High School Addition and Renovation Project. ORIGINATOR: E/F Staff FISCAL IMPACT: ® Yes $978,876 or ❑ No Funds Available ® Yes ❑ No Account Number: 460-533 Amount Budgeted: $2,000,000 ATTACHMENTS: Resolution No. FY2014-07, KIBSD sole source request memo, Budget memo APPROVAL FOR AGENDA: 1L SUMMARY STATEMENT: As part of the Kodiak High School Addition and Renovation project, the KIBSD server room will be relocated from the Kodiak Middle School to the High School. KIBSD currently has an agreement with Integrated Logic, LLC to provide information technology network services, including an assessment of the current network and a four-year plan to refresh and improve network services. Due to this current relationship and Integrated Logic's intimate knowledge of the current network environment, KIBSD has requested the Assembly authorize the Manager to execute a sole source agreement with Integrated Logic to provide and implement network equipment required for the KHS Addition and Renovation project. KIB Code 3.30.070 allows exceptions to open bidding requirements for contracts for professional or unique services. "Professional services" is defined as professional, technical or consultant services. RECOMMENDED MOTION: Move to adopt Resolution No. FY2014-07. Kodiak Island Borough Page 1 of 1 Project Total $80,479,009 $0 $80,479,009 • 3. Project Budget Change This Revised Total Cost Category Current Budget Amendment %of Const. Project Budget 1. CM(by consultant) $1,229,249 $105,906 2.00% $1,335,155 2. Land $0 $0 N/A $0 3. Site Investigation $0 $0 N/A $0 4. Design Services $6,146,247 $593,122 10.10% $6,739,369 5. Construction $$1,852,200 $5,295,285 100.00% $66,757,750 6. Equipment $1,852,200 $147,800 3.00% $2,000,000 7. District Administrative Overhead $4,871,899 ($3,571,899) 1.95% $1,300,000 8. Percent for Art $614,625 $52,953 1.00% $667,578 9. Project Contingency $4,302,324 ($2,623,167) 2.52% $1,679,157 Totals $80,479,009 -$1 120.55% $80,479,009 • 1 Introduced by: Borough Manager 2 Requested by: Engineering/Facilities Director 3 Drafted by: Engineering/Facilities Staff Introduced on: 08/01/2013 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY 2014-07 8 9 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 10 AUTHORIZING THE MANAGER TO EXECUTE A SOLE SOURCE 11 AGREEMENT WITH INTEGRATED LOGIC, LLC. OF PALMER, 12 ALASKA TO PROVIDE AND IMPLEMENT INFORMATION 13 TECHNOLOGY NETWORK EQUIPMENT FOR THE KODIAK HIGH 14 SCHOOL ADDITION AND RENOVATION PROJECT 15 16 WHEREAS, there is a substantial information technology network scope of work required 17 as part of the Kodiak High School Addition and Renovation project; and 18 19 WHEREAS, the KIBSD currently has an agreement with Integrated Logic, LLC of 20 Palmer, Alaska to provide information technology network services; and 21 22 WHEREAS, the KIBSD has requested that Integrated Logic, LLC provide and implement 23 the information technology network equipment required as part of the KHS project, due to 24 their intimate knowledge of the KIBSD network environment; and 25 26 WHEREAS, the Alaska Department of Education and Early Development has no 27 regulation prohibiting the use of sole source for equipment procurement; and 28 29 WHEREAS, Engineering/Facilities staff and the KIB IT supervisor have reviewed the 30 proposal and found it to be fairly priced; and 31 32 WHEREAS, the estimated contract total for this work is $978,876; and 33 34 WHEREAS, the project budget for furniture, fixtures, and equipment is $2,000,000. 35 36 NOW, THEREFORE BE IT RESOLVED, BY THE ASSEMBLY OF THE KODIAK ISLAND 37 BOROUGH THAT in accordance with the Kodiak Island Borough Code 3.30.070, the 38 Manager is authorized to execute a sole source agreement with Integrated Logic, LLC of 39 Palmer, Alaska to provide and implement information technology network equipment for 40 the Kodiak High School Addition and Renovation project in an amount not to exceed 41 $978,876. 42 43 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 44 THIS DAY OF 2013 45 46 KODIAK ISLAND BOROUGH 47 48 49 so ATTEST: Jerome M. Selby, Borough Mayor 51 52 53 54 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Resolution No. FY2014-07 Page 1 of 1 Bud Cassidy From: Kelly, Vickie <vkelly0l @kibsd.org> Sent: Monday, July 22, 2013 4:42 PM To: Pearce, Lisa Cc: Bud Cassidy; McDonald, Stewart Subject: Re: KIBSD Contract with Integrated Logic Thank you for the questions. I can add a bit more to this. Integrated Logic performed an in-depth analysis of the district's network infrastructure in December 2012. From that analysis, a 4-year plan was developed for the district to refresh and upgrade the network components budgeting over time. It was critical for the district to have a plan in place with full network documentation. It is fortunate we had contracted with Integrated Logic to do this work prior to the construction project. With the pre-work that had been done, Integrated Logic was able to come to the table during the planning meetings with the architect(s), project manager, and engineers for the high school project. Integrated Logic was and is instrumental in making recommendations and "catching" components that had not been specified by the engineers prior to their involvement in the meetings. For example, IL brought up the problem that no fiber had been included in the plan to keep the central office building and business office connected to the district network. The fiber would have been cut in demolition, leaving those offices without connections. Integrated Logic worked with the engineers to spec the proper size pairs of fiber. Once the fiber was run IL came onsite to Kodiak and terminated the new fiber. This work and all other up to this point was performed under the district's contract with IL. We have all relied on their expertise and relationship with the district for advice and recommendations to keep this project moving on-time while minimizing problems. That has ultimately saved the borough money and time. Vickie Vickie Kelly Director of Technology Kodiak Island Borough School District vkellyol(iukibsd.org office: 907.481.6207 cell: 907.830.7607 On Jul 22, 2013, at 4:12 PM, Pearce, Lisa wrote: The District went under contract for Network Management starting in November 2012. Our relationship with Integrated Logic has been primarily for professional services. We have made one server purchase from them. Our total scope of business with IL is in the quarter million dollar range over the past year. They have been highly involved in the transitioning of our existing system in the high school and are allowing us to repurpose as much of our existing equipment as possible. Their intimate knowledge of our system is allowing them to make these informed t Bud Cassidy From: Pearce, Lisa <Ipearce0l @kibsd.org> Sent: Monday, July 22, 2013 4:12 PM To: Bud Cassidy Cc: McDonald, Stewart; Kelly, Vickie Subject: RE: KIBSD Contract with Integrated Logic The District went under contract for Network Management starting in November 2012. Our relationship with Integrated Logic has been primarily for professional services. We have made one server purchase from them. Our total scope of business with IL is in the quarter million dollar range over the past year. They have been highly involved in the transitioning of our existing system in the high school and are allowing us to repurpose as much of our existing equipment as possible. Their intimate knowledge of our system is allowing them to make these informed recommendations. We do believe their pricing of the WSCA contract with an additional discount makes them highly competitive to any solicited bids we may receive. Let me know if there is anything else we can help with. I have cc:d Vickie in this response. LLP RI IiSD , CRC) 00000000 Quality Staff**Celebrate Maximums**21 s'Century Classrooms**Stewardship From: Bud Cassidy [mailto:bcassidy(akodiakak.usj Sent: Monday, July 22, 2013 3:48 PM To: Pearce, Lisa Cc: McDonald, Stewart Subject: KIBSD Contract with Integrated Logic Lisa In thinking of questions the Assembly may ask about this sole source contract with Integrated Logic, I came up with a few. 1. How long has Integrated Logic been under contract with KIBSD? (There is a better argument to make if these folks have been under contract for a long period of time and have been instrumental in developing your overall architecture and are familiar with your existing system and future needs. 2. What is the dollar size of past and existing contract(s) with Integrated Logic? I also don't have Vickie's email address. Can you provide that? Thanks Bud 1 ot-7-7o "`- KODIAK ISLAND BOROUGH Q ,;., 0 AGENDA STATEMENT REGULAR MEETING OF: AUGUST 1, 2013 ITEM NO.: 13.B.2 TITLE: Resolution No. FY2014-08 Approving FY2014 Kodiak Island Borough Non Profit Funding. ORIGINATOR: Finance Director FISCAL IMPACT: ® Yes $ or❑ No Funds Available ® Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Resolution No. FY2014-08 APPROVAL FOR AGENDA SUMMARY STATEMENT: / The Kodiak Island Borough is fortunate to enjoy the efforts of many benevolent non-profit organizations that provide services that enrich our lives. The Kodiak charitable non-profit organizations provide humanitarian services that many of our community members rely upon. These organizations provide expanded education, cultural, and health services that cannot be provided through the ordinary governmental budget. These organizations expand the services that can be provided, with limited funds, through the utilization of volunteers. The viability of these services is fundamental to the quality of life enjoyed in the community. RECOMMENDED MOTION: Move to adopt Resolution No. FY2014-08. Kodiak Island Borough Page 1 of 1 1 Introduced by: Borough Manager 2 Requested by: Borough Assembly 3 Drafted by: Finance Director Introduced on: 08/01/2013 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY2014-08 8 9 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY APPROVING 10 FISCAL YEAR 2014 KODIAK ISLAND BOROUGH NON-PROFIT FUNDING 11 12 WHEREAS, the Kodiak Island Borough is fortunate to enjoy the efforts of many 13 benevolent non-profit organizations that provide services that enrich our lives; and 14 15 WHEREAS, Kodiak Area charitable non-profit organizations provide humanitarian services 16 that many of our community members rely upon; and 17 18 WHEREAS, these organizations provide expanded education, cultural, and health 19 services that cannot be provided through the ordinary governmental budget; and 20 21 WHEREAS, these organizations expand the services that can be provided, with limited 22 funds, through the utilization of volunteers; and 23 24 WHEREAS, the viability of these services is fundamental to the quality of life enjoyed in 25 the community. 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 28 BOROUGH: 29 1. The Kodiak Island Borough contributions to non profits will be allocated per the 30 attached spreadsheet and will be paid contingent upon each non-profit organization 31 providing a copy of their 501(c)(3) or 501(c))(4), and financial documentation. 32 33 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 34 THIS DAY OF AUGUST, 2013 35 36 KODIAK ISLAND BOROUGH 37 38 39 40 ATTEST: Jerome M. Selby, Borough Mayor 41 42 43 44 Nova M. Javier, MMC, Borough Clerk 45 46 Kodiak Island Borough, Alaska Resolution No. FY2014-08 Page 1 of 2 FY2014 NON-PROFIT FUNDING BUDGET DETAIL FY14 ASSEMBLY Organization FUNDING I 1 Alutiiq Museum & Archaeological Repository $ 2,500 2 American Red Cross 7,101 3 Brother Francis Shelter 54,000 4 Historical Society 6,500 5 Hope Community Resources 5,200 6 Humane Society 5,000 7 KANA (WICALP/Family Center) 12,000 8 Kodiak Area Special Olympics 7,500 r- 9 Kodiak Area Transit System 15,000 10 Kodiak Arts Council 16,500 11 Kodiak Baptist Mission (Food Bank) 41,310 12 Kodiak Girl Scouts 1,000 13 Kodiak Head Start 9,-0061 14 Kodiak Island Health Care Foundation (Clinic) 25,000_1 15 Kodiak Maritime Museum 9,126 16 Kodiak Public Broadcasting 10,000 17 Kodiak Soil & Water Conservation District 6,900 I 18 Kodiak Women's Resource & Crisis Center 60,000 19 Providence Counseling Center (Safe Harbor) 25,000 20 Salvation Army 10,000 21 Senior Citizens of Kodiak 35,000 ' 22 Threshold Services 9,195 Total Budget $ 372,832 In-Kind Requests 1 23 Kodiak Teen Court* 24 Dig Afognak** Total Requested *requesting space rent in lieu of cash donation **requesting property tax amount in lieu of cash donation 47 Kodiak Island Borough, Alaska Resolution No. FY2014-08 Page 2 of 2 at .„ KODIAK ISLAND BOROUGH .° ; , AGENDA STATEMENT X105r 1 ,.. Y REGULAR MEETING OF: AUGUST 1, 2013 ITEM NO.: 13.B.3 TITLE: Resolution No. FY2014-09 Requesting the Governor and Legislature to Develop a Long-Term Solution to Ensure Full and Uninterrupted Ferry Service to Kodiak. ORIGINATOR: Borough Clerk FISCAL IMPACT: ❑ Yes $ or ® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Resolution No. FY2014-09, City of Kodiak Resolution, Discover Kodiak Letter, and SWAMC email APPROVAL FOR AGENDA: SUMMARY STATEMENT: The MN Tustumena was removed from service on November 1, 2012, for scheduled repairs at the Seward Ship's Drydock. The original return to service date of April 17, 2013, was delayed due to unexpected steel work. The State of Alaska Marine Highway System approved two additional extensions to allow time for the needed repairs to take place with a return to service date of July 23, 2013. Inspections of completed repairs did not meet required safety standards for passenger service resulting in additional time needed to complete the required safety standards. Kodiak and the other communities that rely on service from the MN Tustumena have experienced negative economic impacts for over nine months with this vessel out of service. This resolution formally requests that Governor Parnell and the Alaska State Legislature develop a long-term solution immediately to ensure the Kodiak region receives scheduled and uninterrupted service from the Alaska Marine Highway System. RECOMMENDED MOTION: Move to adopt Resolution No. FY2014-09. Kodiak Island Borough Page 1 of 1 1 Introduced by: Borough Assembly 2 Requested by: Borough Assembly 3 Drafted by: Clerk 4 Introduced on: 08/01/2013 5 Adopted on: 6 7 KODIAK ISLAND BOROUGH 8 RESOLUTION NO. FY2014-09 9 10 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND 11 BOROUGH REQUESTING THE GOVERNOR AND LEGISLATURE TO 12 DEVELOP A LONG-TERM SOLUTION TO ENSURE FULL AND 13 UNINTERRUPTED FERRY SERVICE TO KODIAK 14 15 WHEREAS, the State of Alaska ferry MN Tustumena provides service between Homer 16 and Kodiak and occasional service to Ouzinkie and Port Lions as well as communities 17 westward from Kodiak including Chignik, Sand Point, King Cove, Cold Bay, False Pass, 18 Akutan, and Unalaska; and 19 20 WHEREAS, the MN Tustumena was removed from service on November 1, 2012, for 21 scheduled repairs at the Seward Ship's Drydock; and 22 23 WHEREAS, the original return to service date of April 17, 2013, was delayed due to 24 unexpected steel work; and 25 26 WHEREAS, the State of Alaska Marine Highway System approved two additional 27 extensions to allow time for the needed repairs to take place with a return to service date 28 of July 23, 2013; and 29 30 WHEREAS, inspections of completed repairs did not meet required safety standards for 31 passenger service resulting in additional time needed to complete the required safety 32 standards; and 33 34 WHEREAS, Kodiak and the other communities that rely on service from the MN 35 Tustumena have experienced negative economic impacts for over nine months with this 36 vessel out of service; and 37 38 WHEREAS, the Mayors of the City of Kodiak and the Kodiak Island Borough, on behalf 39 of the Kodiak region, will discuss the impacts to the loss of tourism and other revenue to 40 the region and the critical need for the State to develop a long-term solution to ensure full 41 and uninterrupted ferry service to Kodiak. 42 43 44 Kodiak Island Borough, Alaska Resolution No. FY2014-09 Page 1 of 2 45 NOW, THEREFORE, BE IT RESOLVED that the Assembly of the Kodiak Island Borough, 46 Alaska, hereby formally requests that Governor Parnell and the Alaska State Legislature 47 develop a long-term solution immediately to ensure the Kodiak region receives scheduled 48 and uninterrupted service from the Alaska Marine Highway System. 49 50 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 51 THIS DAY OF 2013 52 53 KODIAK ISLAND BOROUGH 54 55 56 57 Jerome M. Selby, Borough Mayor 58 59 ATTEST: 60 61 62 63 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough, Alaska Resolution No. FY2014-09 Page 2 of 2 CITY OF KODIAK RESOLUTION NUMBER 2013-24 A RESOLUTION OF THE COUNCIL OF THE CITY OF KODIAK, REQUESTING THE GOVERNOR AND LEGISLATURE TO DEVELOP A LONG- TERM SOLUTION TO ENSURE FULL AND UNINTERRUPTED FERRY SERVICE TO KODIAK WHEREAS, the State of Alaska ferry M/V Tustumena provides service between I-Iomer and Kodiak and occasional service to Ouzinkie and Port Lions as well as communities westward from Kodiak including Chignik, Sand Point, King Cove, Cold Bay, False Pass, Akutan, and Unalaska; and WHEREAS, the M/V Tustumena was removed from service on November 1, 2012, for scheduled repairs at the Seward Ship's Drydock; and WI-IEREAS, the original return to service date of April 17, 2013, was delayed due to unexpected steel work; and WHEREAS, the State of Alaska Marine Highway System approved two additional extensions to allow time for the needed repairs to take place with a return to service date of July 23, 2013; and WHEREAS, inspections of completed repairs did not meet required safety standards for passenger service resulting in additional time needed to complete the required safety standards; and WHEREAS, Kodiak and the other communities that rely on service from the Tustumena have experienced negative economic impacts from over nine months with this vessel out of service; and WHEREAS, the Mayors of the City of Kodiak and the Kodiak Island Borough, on behalf of the Kodiak region, will discuss the impacts to the loss of tourism and other revenue to the region and the critical need for the State io develop a long-term solution to ensure full and uninterrupted ferry service to Kodiak. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Kodiak, Alaska, hereby formally requests that Governor Parnell and the Alaska State Legislature develop a long-term solution immediately to ensure the Kodiak region receives scheduled and uninterrupted service from the Alaska Marine Highway System. Resolution No.2013-24 Page 1 of 2 CITY OF KODIAK MAYOR ATTEST: CITY CLERK Adopted: Resolution No.2013-24 rage 2 o(2 July 12, 2013 Governor Sean Parnell Alaska State Capitol 120 E 4th Street Juneau,Alaska 99801 Dear Governor Parnell: The latest DOT announcement regarding the return to service of the Alaska State ferry M/V TUSTUMENA indicates she will not be resuming her schedule until August 20, 2013, a full 10 months since the ship went into dry dock. Kodiakans are, to say the least, stunned at this recent news. We, at Discover Kodiak, see first-hand the impact the loss of the M/V TUSTUMENA has had on the tourism industry for our Island. Tourism is incredibly important to small and isolated communities such as ours. It promotes job expansion, facility development and community strengthening.We depend heavily on tourism for increasing business development, sales tax for our local government, and maintaining a strong economy.Without our tourists, many businesses could not continue to operate. At a recent meeting with our State Legislators, Representative Alan Austerman and Senator Gary Stevens our staff was advised of the continued reluctance of the Alaska Marine Highway System to pull the M/V KENNICOTT off of the Bellingham to Southeast run due to the high bookings of that ship. Are there not two or more other Marine Highway Vessels already servicing the same run? Why does a city in Washington State come before Alaskan communities? The original purpose of the Alaska Marine Highway System was to connect the roadless communities of Alaska with the mainland. Here in Southwest Alaska, Kodiak, Port Lions, Old Harbor, Seldovia, Whittier, Chenega Bay and Dutch Harbor all fit that category. The economic affects to many of the businesses in these communities is now at a desperate stage. We have been asked repeatedly to put our lives and business operations on hold this summer,to wait just a little longer for the repairs to the M/V TUSTUMENA to be completed. The vessel needs to be replaced. It is an old, outdated ship that requires more and more time each year in dry dock. The replacement ferry for the M/V TUSTUMENA needs to be bumped to the top of the list. In a letter dated May 1, 2013 to Department of Transportation & Public Facilities Deputy Commissioner Yost, Kodiak Chamber of Commerce President Greg Deal stated after outlining the numerous adverse effects of over 8 months of the M/V TUSTUMENA being in dry dock: Our communities desperately need to have the M/V TUSTUMENA or a similar replacement vessel to resume regular summer service to our communites. ...(we encourage) you to continue working with current assets to provide needed service to help strengthen the economy of Kodiak." All those words no longer hold true -we now need to have help rebuilding the economy of Kodiak. Businesses established before this disastrous summer are having problems maintaining in this economy, businesses that started their operations at the beginning of this tourist season will, most likely, not make it through the season. The Discover Kodiak Board of Directors respectfully requests the increase of the scheduled service of the M/V KENNICOTT to cover the continued time in dry dock of the M/V TUSTUMENA. Sincerely, Executive Committee, Discover Kodiak Board of Directors on behalf of the Discover Kodiak Membership Jim Rippey, Board President Bob Stanford, Vice President Jan Chatto, Secretary Susan Johnson,Treasurer cc: Commissioner Patrick Kemp State of Alaska Department of Transportation 6860 Glacier Hwy Juneau,AK 99801 Nova Javier From: Andy Varner <avarner @swamc.org> Sent: Friday, July 19, 2013 11:23 AM To: atc @arctic.net; Gary Hennigh; daypar72 @gci.net; rgifford @aeboro.org; tanderson @aeboro.org; LCotter371 @aol.com; info@ kodiakinn.com;jbereskin @gci.net; akutanadmin @gci.net; cityoffice @chignik.org; cityoffalsepass @ak.net; kccityclerk @gmail.com; bfolzdir @gci.net; mayor @city.kodiak.ak.us; akniaziowski @city.kodiak.ak.us; oldharborcitycouncil @gmail.com; cityofportlions @hotmail.com; sptcity @arctic.net; cityclerk @ci.unalaska.ak.us; tom.enlow @unisea.com; kcc @arctic.net; Nova Javier; Bud Cassidy; kcbtc @arctic.net; cberns @oldharbor.org; hbissett @oldharbor.org; miller @ounalashka.com; gregory@ounalashka.com; qttadmin@arctic.net; TMack @aleutcorp.com; bjbolson @kodiak.alaska.edu; unalaskacvb @gmail.com;Janet Buckingham (janet @kodiak.org); Ken Selby Cc: Representative_Bryce_Edgmon @legis.state.ak.us; Senator_Gary_Stevens @legis.state.ak.us; Sen. Lyman Hoffman; Rep. Bob Herron; Representative_Alan_Austerman @legis.state.ak.us; Erik O'Brien; alice @bbedc.com; Dan Clarion; Dan O'Hara (dsohara @hughes.net); Glen Gardner (president @shumagin.com); Joe Sullivan (joe @sullivanrichards.com); Layton J. Lockett; Louise Stutes; Michelle Ravenmoon (popevannoy @gmail.com); Paul Grondholdt (paulg @arctic.net); Shirley Marquardt (mayor@ci:unalaska.ak.us); Trevor Brown Subject: Effects of losing Tustumena service Attachments: tusty_082013.pdf Hello SWAMC Members, SW Alaska cities and businesses, As we recently found out, the Tustumena ferry is experiencing further delays and is out of commission until August 20, when it is scheduled to resume service to its Southwest route. That is the latest word from DoT, but there are no guarantees that it will make it out of the Seward Drydock by then to sail out the Aleutian Chain. The vessel has been experiencing setbacks all spring and summer, and at this point good news has been in short supply. SWAMC would like to know how losing the ferry has affected you and your community. We will compile comments and the frustrating experiences of Southwest residents and communities and forward them to the Governor, Legislature, DoT, and MTAB to show how this delay has affected our region, and to also highlight the need for a new vessel as soon as possible.There is no one single entity at fault for the Tustumena delay, so we are not attempting to rebuke the State or make new enemies. But the Southwest region is definitely feeling the pinch of this lost service, and the communities deserve better. So, in short, please send me a few words when you can about how your community, business, or family has been affected by the missing ferry service so far this summer, and/or what the Marine Highway System means to your community.The Tustumena replacement design RFP is expected to go out this summer, but we have to keep the pressure on the State to make the replacement a transportation priority. Some truthful stories from regional residents will go a long way toward making that happen. Thanks, and let us know how we can help. I hope the summer has been good to you otherwise. Andy Varner Southwest Alaska Municipal Conference 3300 Arctic Blvd, Suite 203 Anchorage, AK 99503 1 xP "8k'#is PE' rz tO I STATE OF ALASKA : t t i��°_°.= rwnoarnvfii, s^pq g sp�p ` DEPARTM ENT..OF TRANSPORTATION r �` ,wrass as J x,�aaooa?A & PUBLIC FACILITIES '. f D ilvim4.tlotaia : r2 irr�r.«.�,;. aft.; •'r- ` p2 to .;..faloien!B oiv�aask Q zt, - ' t; •y Press Release L^a t+ COMMISSIONER'S OFFICE For Immediate Release: July 10,2013 Contact: Jeremy Woodrow, 907-465-8994, Jeremy.Woodrow q alaska.gov Tustumena Return to Service Further Delayed (JUNEAU, Alaska) — The Alaska Marine Highway System (AMHS) today announced that the M/V Tustumena has been rescheduled to return to service August 20, 2013. The vessel was previously slated to begin service July 23. The MN Tustumena entered a federal capital improvement project on November 1, 2012 at the Seward Ship's Drydock. The vessel was originally scheduled to return to service April 17, 2013. Due, in part, to unexpected discovery items, specifically steel work, two project extensions were approved for the shipyard to complete repairs to the vessel and to deliver the ferry in time for the scheduled July 23 Aleutian Chain sailing. Recent inspections revealed that certain repairs to the vessel made at Seward Ship's Drydock do not meet regulatory standards. In order for the ferry to meet the required safety standards for passenger service the shipyard will require additional time beyond the project extension to correct the repairs. As a result AMHS is forced to cancel MN Tustumena service through August 19,2013. Marine Highway System staff is contacting affected passengers; for more information, please call your local terminal or the AMHS central reservations office at 1-907-465-3941 or toll free at 1-800-642-0066, An updated schedule is available online at FerryAlaska.com. The Alaska Department of Transportation and Public Facilities oversees 254 airports, 11 ferries serving 35 communities, 5,619 miles of highway and 720 public facilities throughout the state of Alaska. The mission of the department is to Keep Alaska Moving through service and infrastructure. ° KODIAK ISLAND BOROUGH i : J-,--40 AGENDA STATEMENT REGULAR MEETING OF: AUGUST 1, 2013 ITEM NO.: 13.D.1 TITLE: Declaring a Seat on the Architectural/Engineering Review Board Vacant. ORIGINATOR: Clerk's Office Staff FISCAL IMPACT: ❑ Yes $ or® No Funds Available ❑ Yes ❑ No Account Number: Amount Budgeted: ATTACHMENTS: Mr. Brechan's Resignation Letter AgiAPPROVAL FOR AGENDA: SUMMARY STATEMENT: On Wedneday, July 17, 2013, the Clerk's Office received a notice of resignation from Mr. Michael Brechan from the Architectural/Engineering Review Board for a term to expire December 2014. 2.100.070 Vacancies. A. Other than by expiration of the member's term, the assembly shall declare a seat vacant when a member: 2. Resigns and the resignation is accepted; D. In the event of a vacancy on a board, committee, or commission for any reason other than normal expiration of a term of office, the clerk shall cause notice thereof to be published at least twice in a newspaper of general circulation within the borough. The notice shall set forth the vacancies and any qualifications of members. RECOMMENDED MOTION: Move to accept, with regret, the resignation of Mr. Michael Brechan from the Architectural/Engineering Review Board for a seat term to expire December 2014, and direct the Borough Clerk to advertise the vacancy per Borough Code. Kodiak Island Borough Page 1 of 1 Michael C Brechan P.O. Box 303 Kodiak, Alaska 9961 5-0303 Ph 907.654.5514 Fax 907.487-2106 E-mail mbrechan @hughes.net Monday, July 15, 2013 Mr. Gregg Hacker Chairman Architectural/Engineering Review Board Kodiak Island Borough 720 Egan Way Kodiak, Alaska 99615 Dear Gregg, Due to recent changes and other commitments it is necessary for me to resign from the review board. I would hope that some of our suggestions have been beneficial to the architects involved. Sincerely yours, o2101l — O2i) I I Michael C. Brechan p O 0 KODIAK ISLAND BOROUGH ` p-= ARCHITECTURAL/ENGINEERING REVIEW BOARD .!'-:111111/4* BUILDING CODE BOARD OF APPEALS NAME TERM HOME WORK CELL EMAIL PHONE PHONE PHONE Bill Barton 2015 486-4870 486-4870 539-6870 mandbbarton(aatt.net PO Box 8995 Kodiak, AK 99615 Scott Bonney 2014 486-4005 654-7938 stralaska(oThotmail.com PO Box 5524 Chiniak, AK 99615 Impending Vacancy 2014 Cliff Ford 2015 486-5353 486-7742 539-5340 clifff(a�absalaska.net 1250 Beaver Way Kodiak, AK 99615 Jerrol Friend 2013 539-1975 jfriend(a)alaska.net PO Box 17 Kodiak, AK 99615 Gregg Hacker(Chair) 2013 486-4392 481-2288 539-5230 ghacker0l{a-kibsd.orq PO Box 967 Kodiak, AK 99615 Vacant 2014 NON-VOTING EX-OFFICIOS Assembly Representative Aaron Griffin 539-1040 aaron.griffin?a kibassembly.orq PO Box 8836 Kodiak, AK 99615 School Board Representative Norm Wooten 539-1419 nwooten angci.net PO Box 3016 Kodiak, AK 99615 This board is governed by Kodiak Island Borough Code 2.125 and 15.45.010 EIF DIRECTOR,WOODY KONING 486-9343 wkoning(8 kodiakak.us PROJ.MGR./INSPECTOR,MATT GANDEL 486-9211 mgandel(ahkodiakak.us PROJECTS MANAGER,JESSI WOLFE 486-9212 jwolfe(&kodiakak.us PROJECTS ASSISTANT,VACANT 486-9210 ENGINEERING&FACILITIES DEPARTMENT PROJECTS OFFICE 720 EGAN WAY KODIAK,AK 99615 Revision Date: 7/17/2013 Revised by:JK KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Regular Meeting—June 17,2013 SUMMARY ACTION ITEMS: APPROVED: Motion to approve the Agenda and Consent Agenda to include: *Approval of Minutes - Regular Meeting Minutes of May 20, 2013 *Approval of Out of State Student Travel — Kodiak High School FFA Members as presented. *Approval of Out of State Student Travel— Kodiak High School Boys Basketball Team Members as presented. *Approval of Purchase Requisition 00035478 to Scholastic Expert 21 in the amount of$26,895.00 for English Language Arts curriculum materials. PUBLIC HEARING: School Board President MELISSA BORTON opened a Public Hearing to allow for comments from members of the community regarding the FY14 Budget.No comment was given. ADOPTED: Motion to adopt the FY14 Modified Budget in the amount of$49,148,803, with approved request for Borough support in the amount of$10,649,720, of which $853,850 is in-kind services and $9,795,870 is appropriation. APPROVED: Motion to acknowledge receipt of the April 2013 Report of Revenues and Expenditures, year-to-date general fund revenues in the amount of $32,151,451 and year-to-date general fund expenditures in the amount of $30,126,073. PUBLIC HEARING: School Board President MELISSA BORTON opened a Public Hearing to allow for comments from members of the community regarding the 2013/2014 and 2014/2015 Revised Town Schools' calendars. No comment was given. APPROVED: Motion to approve the 2013/2014 and 2014/2015 Revised Town Schools' calendars as presented. PUBLIC HEARING: School Board President MELISSA BORTON opened a Public Hearing to allow for comments from members of the community regarding the 2013/2014 K-12 Small Schools' calendars. No comment was given. KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Regular Meeting—June 17,2013 SUMMARY APPROVED: Motion to approve the 2013/2014 calendars for Akhiok School, Chiniak School, Karluk School, Larsen Bay School, Old Harbor School, Ouzinkie School, and Port Lions School as presented. APPROVED: Motion to approve the FY 14 Cafeteria Food and Supplies Bid Awards to include Purchase Requisitions 00035342, 00035348, 00035350, 00035383, and 00035620 to Food Services of America., in the total amount of$68,732.95 as presented. APPROVED: Motion to adjourn. Subsequent to approval, Board of Education meeting minutes are posted on the District's website at www.kibsd.org and on BoardDocs at http://www.boarddocs.com/ak/kodiak/Board nsf/Public KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting—July 8, 2013 SUMMARY APPROVED: Motion to approve 2013/2014 certificated contracts to William McGuire - BA+ 0/4 in the amount of$55,141 for 1.0 FTE Career Tech Teacher at Kodiak High School; Judy Aaron - MA+0/6 in the amount of$64,332 plus $1313 village stipend for 1.0 FTE secondary teacher for Akhiok School; Brian Aaron - MA+0/7 in the amount of$66,082 plus $1313 village stipend for 1.0 FTE elementary teacher at Akhiok School; Christine Krause - BA+0/3 in the amount of$52,516 plus $1313 village stipend for 1.0 FTE secondary teacher for Larsen Bay School; and Morgan Eager- BA+18/0 in the amount of$46,826 plus $1313 village stipend for 1.0 FTE secondary teacher at Ouzinkie School. APPROVED: Motion to approve a 2013/2014 administrative contract to Elizabeth Falk in the amount of$95,120 for 1.0 FTE Kodiak High School Assistant Principal for 205 days. APPROVED: Motion to adjourn. Subsequent to approval, Board of Education meeting minutes are posted on the District's web.slie at www.kibsd.org. Kodiak Island Borough Assembly Regular Meeting Guidelines August 1, 2013, 7:30 p.m., Borough Assembly Chambers Please announce: Please remember to turn off ringers on your cell phones or put them on vibrate. 1. INVOCATION Sergeant Major Dave Blacketer of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL KIBC 2.16.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to excuse Assembly members Bonney and Stephens who are absent due to personal leave. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (tea ) are considered to be routine and non-controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Summary of Consent Agenda Items: * Regular Meeting Minutes of July 2, 2013. * Declaring a Seat on the Architectural/Engineering Review Board Vacant (Mike Brechan). Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES A. *Regular Meeting Minutes of July 2, 2013. PLEASE ANNOUNCE: S . \ STOP Due to the delay of the radio broadcast and web streaming, please place your \ : / calls at this time to speak under Citizens Comments. Your call will be placed in a queue and answered at the appropriate time. Local is 486-3231; Toll Free is 1-855- 492-9202. Kodiak Island Borough Assembly Guidelines August 1, 2013 Page 1 6. AWARDS AND PRESENTATIONS — None. 7. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda Items not scheduled for public hearing and general comments. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No. FY2014-04 Rezoning the Remainder Portion of the KIB Landfill Tract And Lot 2 Sawmill Subdivision From a Combination of C-Conservation and PL-Public Use Lands To Natural Use (Case No. 13-027, Landfill). Recommended motion: Move to adopt Ordinance No. FY2014-04. Clerk's Note: Attached on gree paper is a public hearing response. Staff Report — Manager Cassidy Open public hearing. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. B. Ordinance No. FY2014-05 Rezoning a Portion of Lot 1 United States Survey 2539 From C-Conservation To RR1-Rural Residential One Zoning District (P&Z Case No. 13-028, Kodiak Island Borough). Recommended motion: Move to adopt Ordinance No. FY2014-05. Clerk's Note: Attached on blue paper is a public hearing response. Staff Report— Manager Cassidy Open public hearing. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines August 1, 2013 Page 2 C. Ordinance No. FY2014-06 Rezoning Tract A Marine Center Subdivision From RB- Retail Business Zoning District To B-Business Zoning District (Case No. 13-029, Marine Center). Recommended motion: Move to adopt Ordinance No. FY2014-06. Staff Report— Manager Cassidy Open public hearing. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. D. Ordinance No. FY2014-01A Amending Ordinance No. FY2014-01 by Amending Budgets to Provide for Various Additional Expenditures and to Budget for a Coastal Impact Assistance Program (CIAP) Grant. Recommended motion: Move to adopt Ordinance No. FY2014-01 A. Staff Report— Manager Cassidy Recommended motion: Move to adopt Ordinance No. FY2014-01A by substitution. ROLL CALL VOTE ON MOTION TO AMEND BY SUBSTITUTION. Open public hearing. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MAIN MOTION AS AMENDED. 10. BOROUGH MANAGER'S REPORT 11. MESSAGE FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS Kodiak Island Borough Assembly Guidelines August 1, 2013 Page 3 A. Contracts 1. Contract No. FY2014-03 Providence Kodiak Island Counseling Center Services to Kodiak Island Borough School District for School Year 2013-2014. Recommended motion: Move to authorize the manager to execute Contract No. FY2014-03 with Providence Kodiak Island Counseling Center of Kodiak, Alaska to provide mental health services for the 2013-2014 school year in an amount not to exceed $381,350. Staff Report — Manager Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 2. Contract No. FY2014-04 for Professional Land Surveying Services to Complete Boundary Survey for ASLS 2012-59. Recommended motion: Move to authorize the Manager to execute Contract No. FY2014-04 with Kodiak Land Surveying for professional land surveying services to complete ASLS 2012-59. Staff Report — Manager Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 3. Contract No. FY2014-05 Approval of Agreements to Various Artists for the Kodiak High School Addition and Renovation Art in Public Areas Project. Recommended motion: Move to authorize the Manager to execute Contract No. FY2014-05 twelve artist agreements for the Kodiak High School Addition and Renovation Art in Public Areas project per the attached list in a total amount not to exceed $507,509. Staff Report — Manager Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 4. Approval of Amendment #4 to Contract No. FY2011-21 for the Kodiak High School Addition and Renovation Project with Jensen Yorba Lott. Kodiak Island Borough Assembly Guidelines August 1, 2013 Page 4 Recommended motion: Move to authorize the Manager to approve Amendment #4 to Contract FY2011-21 with Jensen Yorba Lott for additional services for the Kodiak High School Addition and Renovation project in an Amount Not to Exceed $439,720 and to be paid on actual hours worked basis. Staff Report— Manager Cassidy Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. B. Resolutions 1. Resolution No. FY2014-07 Authorizing the Manager to Execute a Sole Source Agreement with Integrated Logic, LLC of Palmer, Alaska to Provide and Implement Kodiak High School Information Technology Network Equipment. Recommended motion: Move to adopt Resolution No. 2014-07. Staff Report— Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. 2. Resolution No. FY2014-08 Approving Fiscal Year 2014 Kodiak Island Borough Non-Profit Funding. Recommended motion: Move to adopt Resolution No. 2014-08. Staff Report— Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. Continued on next page... 3. Resolution No. FY2014-09 Requesting the Governor and Legislature to Develop a Long-Term Solution to Ensure Full and Uninterrupted Ferry Service to Kodiak. Kodiak Island Borough Assembly Guidelines August 1, 2013 Page 5 Recommended motion: Move to adopt Resolution No. 2014-09. Staff Report — Manager Cassidy Assembly discussion. ROLL CALL VOTE ON MOTION. C. Ordinances for Introduction — None. D. Other Items 1 . *Declaring a Seat on the Architectural/Engineering Review Board Vacant (Mike Brechan). 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 15. ASSEMBLY MEMBERS' COMMENTS Announcements — Mayor Selby The next Assembly work session is scheduled on Thursday, August 8 at 7:30 p.m. in the Borough Conference Room. The next regular meeting is scheduled on Thursday, August 15 at 7:30 p.m. in the Borough Assembly Chambers. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines August 1, 2013 Page 6 / KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET t^ 13 R CD egular '�/ Special Date: 0 0II ti'' Convened: _ Recessed: Reconvened: Adjourned: BY: BY: Kdj e BY: 9 II (f'}' BY: � L BY: 16437}6/11/4-614/ SECOND: SECOND: SECOND: SECOND:NIA4(11V1,k }4 aokev M efii0 07 Of W4 6-0. 0..11)2(9 °I 01a YES NO YES NO YES NO YES NO YES NO Ms. Austerman , / f Ms. Austerman Ms. Austerman Ms. Austermar), ✓ Ms. Austerman ve Mr. Bonney v , / . B ne, Mr. t. - i . :onney Mr. Bonney ^ `a Mr. Griffin / VVV Mr. Griffin Mr. Griffin Mr. Griffin t/ Mr. Griffin 4✓` Mr. Kaplan v✓ Mr. Kaplan Mr. Kaplan Mr. Kaplan / Mr. Kaplan Ms. Lynch V Ms. Lynch Ms. Lynch Ms. Lynch Ms. Lynch Mr. Stephens ✓ r. to ens hens Mr. hen h , Ms. Stutes V Ms. Stutes Ms. Stutes Ms. Stutes ✓ Ms. Stutes ✓ ' __ CHANGE OF VOTE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE?( TOTAL: TOTAL: TOTAL: TOTAL: s— O TOTAL: 5— O The mayor may qof vote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly. Mayor Selby V Mayor Selby Mayor Selby Mayor Selby Mayor Selby / KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET �S( Regular V Special Date: W 1 o t I / 3 a) Convened: Recessed: Reconvene Adjourned: BY: BY: A dta Y: pad BY: \- " - //" d I BY: k / SECOND: � ) SECOND: /jrA) SECOND: c1_ , SECOND: Urryk> SECOND / \19/014-0(70 30v1 -01 -� � t lce -ov /yam\ YES . NO . - YES NO - YES NO - YES- NO . . - - YES NO Ms. Austerman ✓ Ms. Austerman 1/ Ms. Austerman /� Ms. Austerma V Ms. Austerman t/ r :o - -. ne },N___./- B01Qey r. Bo e Mr. Griffin V Mr. Griffin ✓ Mr. Griffin Mr. Griffin ✓ Mr. Griffin Vt. V Mr. Kaplan ] ✓ Mr. Kaplan ✓ Mr. Kaplan ✓ Mr. Kaplan , j Mr. Kaplan ,P Ms. Lynch ✓ Ms. Lynch ✓ Ms. Lynch ✓ Ms. Lynch v, / Ms. Lynch V -.ger - r. S -p -ns / Mr. - ens r. S -. : s v . Ste.- - s Ms. Stutes V Ms. Stutes te V Ms. Stutes Ms. Stutes 1/ Ms. Stutes CHANGE OF VOTE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE?, TOTAL: LC I TOTAL: 5 0 TOTAL: C O TOTAL: 5-- 0 TOTAL: f 0 The mayor may not vote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly. Mayor Selby ' Mayor Selby Mayor Selby Mayor Selby Mayor Selby KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET C/ Regular -1/ Special Date: D(J lot I t '77 0 Convened: (`'� Recessed: Reconvened: ( f AAdjOo^urned: BY: ��'�U BY: ; I � BY: Gir (,?. .,,,,0/ BY: \�Ur�" l/" BY: `1' / NL-et SECOND: Grie. SECOND: VVV' SECOND: U u,,, o ,\ ) SECOND: c� SECOND: . liavv- P � a01 f v I .1,4 �J 4 IP 9 CD 9i ?\190(-1-0 PA ep \I ? ov4-07 T\-1 api q -1,* YES NO YES NO YES NO - YES NO YES NO Ms. Austerman ✓ Ms. Austerman Ms. Austerman Ms. Austerman V Ms. Austermaw I/ Mr. :. •e =.nn- r :.r• - • ne Fk Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin 1/ Mr. Griffin Mr. Kaplan ✓ Mr. Kaplan Mr. Kaplan Mr. Kaplan y / Mr. Kaplan Ms. Lynch ✓ Ms. Lynch Ms. Lynch Ms. Lynch v, / Ms. Lynch ' r. ter e r. tephr s u . teph- . V Stephen_ V Stephe.. V Ms. Stutes Ms. Stutes VI Ms. Stutes . Ms. Stutes yik Ms. Stutes v [CHANGE OF VOTE? HANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE?j TOTAL: 5 V TOTAL: 4 ' TOTAL: TOTAL: I„r 0 TOTAL: i) The mayor may not vote except in the case where only six members of the assembly are present and there is a t ree/three tie vote of the assembly. l Mayor Selby Mayor Selby Mayor Selby Mayor Selby Mayor Selby KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET rl Regular Special Date: D V 0 Convened: Recessed: Reconvened: Adjourned: ge ' 5D BY: CC'64 (MU BY: c 4` �' ' BY: BY: BY: SECOND: s G SECOND:Sk SECOND: SECOND: SECOND: r, 04j (71"VL YES/ NO YES NO YES NO , YES NO YES NO Ms. Austerman / Ms. Austerman V Ms. Austerman Ms. Austerman Ms. Austerman M B. me V I r. Bonne r. e:--- . r. Bonne kJ tonne Mr. Griffin r Mr. Griffin / Mr. Griffin Mr. Griffin Mr. Griffin Mr. Kaplan v // Mr. Kaplan N V Mr. Kaplan Mr. Kaplan Mr. Kaplan Ms. Lynch v� / Ms. Lynch fi t / Ms. Lynch Ms. Lynch Ms. Lynch Mr. eph-is V Ir. St-s en v . " ephe hens hens Ms. Stutes Ms. Stutes / Ms. Stutes Ms. Stutes Ms. Stutes CHANGE OF VOTE? HANGE OF VOTE? CH NGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE?f TOTAL: D TOTAL: 5� TOTAL: TOTAL: TOTAL: The mayor ma not vote except in the case where only six members of the assembly are present and there is a three/three tie vote of the assembly. Mayor Selby ' Mayor Selby Mayor Selby Mayor Selby Mayor Selby KODIAK ISLAND BOROUGH REGULAR MEETING Regular Meeting of: art 0/3 Please PRINT your name Please PRINT yourname l K.)0,\\r\cc ()A-31(klit„ \i„k ‘ ‘.(....„\c„,„ f61,7t /Ifi. c ®� <etA ("?-e-■A /2 A \o,,c-kuy__ ,,c`,\ "cr, Qk In !Lt /1j ? - j, enr �v� u