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2022-03-17 Regular Meeting Watch meetings live, online at www.kodiakak.us Citizen Comment: 486-3231 or 855-492-9202 Listen on the radio at KMXT 100.1 FM Kodiak Island Borough Assembly Regular Meeting Agenda Assembly Chambers Thursday, March 17, 2022, 6:30 p.m., Streamed Live Online at www.kodiakak.us And broadcasted on KMXT at 100.1 FM Subscribe here to be notified when agenda packets are published. Page 1. Invocation 2. Pledge of Allegiance 3. Statement of Land Acknowledgement We are gathered on the traditional homeland of the Sugpiaq, Alutiiq people and acknowledge the 10 tribes of the Kodiak Alutiiq Region. We recognize the Alutiiq culture that enriches our community to this day. 4. Roll Call 5. 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. 6. *Approval of Minutes 4 - 37 A. 2021-11-04 Special Meeting Minutes 2021-11-04 Regular Meeting Minutes 2021-11-05 Special Meeting Minutes 2021-11-09 Special Meeting Minutes 2021-11-12 Special Meeting Minutes 2021-11-18 Regular Meeting Minutes 2021-12-02 Regular Meeting Minutes 2021-12-16 Regular Meeting Minutes 7. Citizens' Comments 1-907-486-3231 or Toll Free 1-855-492-9202 Agenda items not scheduled for public hearing and general comments. 8. Awards and Presentations Page 1 of 370 Watch meetings live, online at www.kodiakak.us Citizen Comment: 486-3231 or 855-492-9202 Listen on the radio at KMXT 100.1 FM 9. Committee Reports 10. Public Hearing 38 - 56 A. Ordinance No. FY2022-12 Amending Kodiak Island Borough Code Section 3.35.030(A)(3) Regarding Required Tax Property Exemptions. Complete Binder for Ordinance No. FY2022-12 - Pdf 57 - 79 B. Ordinance FY2022-13 Amending Kodiak Island Borough Code Section 18.50.010 Regarding Fees For Permits. Complete Binder for Ordinance No. FY2022-13 - Pdf 80 - 106 C. Ordinance No. FY2022-15 Rezoning USS 444 TR A Lot A, From I-Industrial District To B-Business District (P&Z Case No. 22- 009). Complete Binder for Ordinance No. FY2022-15 - Pdf 11. Borough Manager's Report 12. Messages from the Borough Mayor 13. Consideration of Calendar - Unfinished Business 14. Consideration of Calendar - New Business 14.A. Contracts 107 - 117 1. Contract No. FY2022-35 Harbor Infrastructure Memorandum Of Agreement With The City Of Kodiak For Portland Loo Project Development. Complete Binder for Contract No. FY2022-35 - Pdf 14.B. Resolutions 118 - 350 1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the Required Documentation with the United States Department of Agriculture (USDA), Rural Utility Services (RUS) for a Low Interest Loan in the Amount of $4,810,000.00 at a 1.75% interest rate for a term of 40 years. This loan is for the Design Engineering, Construction Administration, Construction and Contingency for both the Stage 3 Closure Project and the Leachate Pretreatment Facility Addition Project. Complete Binder for Resolution No. FY2022-24 - Pdf 351 - 358 2. Page 2 of 370 Watch meetings live, online at www.kodiakak.us Citizen Comment: 486-3231 or 855-492-9202 Listen on the radio at KMXT 100.1 FM Resolution No. FY2022-26 Authorizing Acceptance Of A Kodiak Brown Bear Trust Small Grant Award Of $1000.00 For Safety Messaging And Education In Brown Bear Country. Complete Binder For Resolution No. FY2022-26 - Pdf 14.C. Ordinances for introduction 14.D. Other items 359 - 365 1. Confirmation Of The Mayoral Appointment To The Prince William Sound Regional Citizens Advisory Council, Ms. Rebecca Skinner. Complete Binder For PWSRCAC Board Appointment - Pdf 366 - 370 2. Confirmation Of Mayoral Appointment to the Consolidation Committee at Large Seat, Mr. Cort Neff. Complete Binder for Consolidation Appointment - Pdf 3. Borough Property Leasing Procedure. 15. Citizens' Comments 16. Assembly Member' Comments 17. Adjournment 18. Information materials 18.A. Minutes of other Meetings 18.B. Reports Page 3 of 370 Kodiak Island Borough November 4, 2021 Assembly Special Meeting Minutes Page 1 of 2 Kodiak Island Borough Assembly Special Meeting November 4, 2021 A special meeting of the Kodiak Island Borough Assembly was held on November 4, 2021, in the Bayside Volunteer Fire Department - 4606 E. Rezanof Drive of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 8:30 a.m. Present were Mayor Bill Roberts, Assembly members Scott Arndt, Joseph Delgado, Jared Griffin, Scott Smiley, Geoffrey Smith, James Turner, and Aimee Williams. Also present were Interim Borough Manager David Conrad, Special Projects Meagan Christensen, Borough Clerk Alise Rice, and Assistant Clerk Mitchell Davidson CITIZENS' COMMENTS None. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING 1. Borough Manager Zoom Interviews • Mr. Marsh • Mr. Bean • Mr. Still EXECUTIVE SESSION 1. Discussion Of Borough Manager Zoom Interviews KIBC 2.30.030(F)(1)(c) for the purpose of discussing matters which may tend to prejudice the reputation or character of a person, who has been notified of the potential executive session and has waived the right to require the discussion take place in open session. TURNER moved to convene into executive session to discuss the applicant interviews. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Delgado, Griffin, Smiley, Smith, Turner, and Williams. TURNER moved to invite the Borough Mayor, Assembly, Meagan Christensen, and Borough Clerk’s into executive session. VOICE VOTE ON MOTION CARRIED After the vote, Mayor Roberts recessed the special meeting and convened the executive session. Upon returning from the executive session, Mayor Roberts reconvened the special meeting and announced that no action was to be taken. AGENDA ITEM #6.A. Page 4 of 370 Kodiak Island Borough November 4, 2021 Assembly Special Meeting Minutes Page 2 of 2 ADJOURNMENT The meeting was adjourned at 1:35 p.m. KODIAK ISLAND BOROUGH ATTEST: ___________________________ William Roberts, Mayor ___________________________ Lina Cruz, Acting Borough Clerk AGENDA ITEM #6.A. Page 5 of 370 Kodiak Island Borough November 4, 2021 Assembly Regular Meeting Minutes Page 1 of 7 KODIAK ISLAND BOROUGH Assembly Regular Meeting November 04, 2021 A regular meeting of the Kodiak Island Borough Assembly was held on November 4, 2021, in the Bayside Volunteer Fire Department - 4606 E. Rezanof Drive of the Kodiak Island Borough Building. The meeting was called to order at 6:30 p.m. 1. INVOCATION The invocation was given by Major David Davis of the Salvation Army. 2. PLEDGE OF ALLEGIANCE Mayor Roberts led the Pledge of Allegiance. 3. ROLL CALL Present were Mayor Bill Roberts, Assembly members Scott Arndt, Joseph Delgado, Jared Griffin, Geoffrey Smith, Scott Smiley, James Turner, and Aimee Williams. Also present were Interim Borough Manager Dave Conrad, Borough Clerk Alise Rice, and Deputy Clerk Lina Cruz. SMILEY moved to approve the agenda. VOICE VOTE ON THE MOTION CARRIED 4. APPROVAL OF MINUTES None. 5. CITIZENS' COMMENTS • Karl Hertz • Jamie Fagan • Ginger Duncan • Carol Austerman • John Neff • Cort Neff • Kelsey Fentress 6. AWARDS AND PRESENTATIONS None. 7. COMMITTEE REPORTS • Assembly member Williams reported on the Cooperative Relations Committee meeting and the memorandum of agreement to share the commercial passenger vessel tax fee for the installation of public restrooms. AGENDA ITEM #6.A. Page 6 of 370 Kodiak Island Borough November 4, 2021 Assembly Regular Meeting Minutes Page 2 of 7 • Assembly member Griffin shared that a Consolidation Committee meeting was upcoming and that there were two open seats. • Assembly member Arndt reported on the Architectural Review Board meeting and their Peterson school and NorthStar school projects. 8. PUBLIC HEARING A. Ordinance No. FY2022-06 Amending Kodiak Island Borough Code Title 3 Revenue And Finance, Chapter 3.35 Real Property Tax, Section 3.35.030 Real And Personal Property Exempted From Taxation. ARNDT moved to approve Ordinance No. FY2022-06 amending Kodiak Island borough code title 3 revenue and finance, chapter 3.35 real property tax, section 3.35.030 real and personal property exempted from taxation. Mayor Roberts closed the regular meeting and opened the public hearing. Seeing and hearing none, Mayor Roberts closed the public hearing and reconvened the regular meeting. To correct deficiencies in current KIB Code brought to our attention by the Alaska Superior Courts, staff is recommending the changes brought forth in this ordinance. These changes will bring Section 3.35.030 more in line with Alaska State statues. Address the administrative review process, provide direction and definition for staff, the Borough Assembly, and the public. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Arndt, Delgado, Griffin, Smiley, Smith, Turner, and Williams. 9. BOROUGH MANAGER'S REPORT The Manager reported on the following: • Local Emergency Planning Committee LEPC - October 27 – Revised By- Laws as discussed October 16, 2020. Changes to the by-laws were reviewed, discussed, and accepted. Chair informed committee that there is an effort to request refunding of the LEPC’s by the State of Alaska as it is a federal requirement therefore required by the state. Unfunded mandate. Next meeting February 9, 2022. • COK/KIB Cooperative Relations Committee – Participated in this meeting. Anticipate additional discussion and clarification from the designated assembly representatives regarding the scope of work soon. Clarifications and definitions will be changed associated with the joint MOA for the installation of the Portland Loo’s. (Commercial Passenger Vessel Tax) • KFRC Chlorination System – Meetings with GSA are continuing. Staff has provided a tentative schedule for the tasks. Final design has been received and components are being ordered. Requirement to install and verify function by January 2022. • ARPA Funding – Staff is working with the Treasury Department to set up required staff functions for reporting. Due dates for reports have been pushed AGENDA ITEM #6.A. Page 7 of 370 Kodiak Island Borough November 4, 2021 Assembly Regular Meeting Minutes Page 3 of 7 until the end of November due to website issues. Staff is recommending and approval of the MOA before the body tonight. The MOA with KCHC, PKIMC and the KIB has been prepared to allow the joint pursuit for the analysis, planning and design for facility enhancements based on the anticipated community need. These evaluation projects will establish the necessities for the Kodiak community’s potential future medical requirements. The funding discussion will be finalized in a future session that assigns the ARPA funds to community projects. • Saltery Cove – MOU with Island Trails is before you tonight for consideration and approval. Island Trails Network was not a signer in the original agreement with the State of Alaska. This agreement ensures that the relationship between the KIB and ITN is documented. • KIBSD – Joint meeting was held last week. Staff is focusing on the Chiniak School Water Supply situation and the repair of the Main Elementary Roof. A statement of work will be developed to allow for a repair as soon as possible on this facility. • Solid Waste – Alaska Waste and the KIB have returned to the regularly scheduled meetings to jointly approach the adaptations and possible changes required to improve services to the Solid Waste Contract as it relates to the rate payers, contractor, and operation of the enterprise fund. • USDA Grant / Loan Application – Submitted and review has begun. Additional information is being requested by the USDA. After this review the applications and required documents, plans and administrative documents will be considered for award based on community needs. • State Revolving Funds Loans – The loan application period is currently open until November 30, 2021. At this time the staff is recommending waiting for application until the USDA process has been completed. • Projects – Three open bids are on the street currently. The Borough and Maintenance Building Mechanical Upgrades, PKIMC Day Tank Replacement and KFRC Fume Exhaust Upgrade. Site visits have been conducted. All close 11/16/2021. Staff anticipates the NorthStar Elementary School Phase II Siding Project final design documents prior to the end of November. • Upcoming Items – Communications from the state lobbyist Mark Hickey have been provided as well as an update today regarding the Oil Price Change Impact on State Revenues. These will all be discussed at the November 9th Work Session. KFRC Capital Project and Maintenance Management Discussion, Annual Service Contracts Update and discussion, Service Area Contracts, Personnel Manual Review, and request for update, KIB passenger and light vehicle condition list and required replacement, presentation regarding the change of the investment strategies of the KIB, Solid Waste Contract updates and request for modifications. 10. MESSAGES FROM THE BOROUGH MAYOR The Mayor reported on the following: • He encouraged the Assembly to lobby the governor to spend increased oil revenue to the benefit of citizens. • He shared that the work session of November 9th would be in the school district conference room. 11. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS AGENDA ITEM #6.A. Page 8 of 370 Kodiak Island Borough November 4, 2021 Assembly Regular Meeting Minutes Page 4 of 7 12. CONSIDERATION OF CALENDAR - NEW BUSINESS A. Election Of The 2021-2022 Borough Assembly Deputy Presiding Officer. ARNDT nominated Assembly member Williams. Assembly member Williams was elected Deputy Presiding Officer by ballot. 12.A. CONTRACTS 1. Contract No. FY2022-13 Memorandum Of Understanding With Island Trails Network For Saltery Cove Trail System Access Improvements. ARNDT moved to authorize the Interim Acting Borough Manager to execute Contract No. FY2022-13 memorandum of understanding with island trails network for Saltery cove trail system access improvements. In June 2020 the Borough Assembly adopted Resolution No. FY2020-33 accepting a grant from the Alaska Department of Fish and Game (ADF&G) for the acquisition of State easements and trail improvements on Saltery Cove Trail. The scope of the project includes trail improvements for the southern half of the Saltery Cove Trail, the Lake Miam Spur, and an unnamed trail from Saltery Cove to Saltery Lake. The work will be completed in phases and is expected to take 3-4 years. Following adoption of the resolution the Borough Manager signed a Cooperative Agreement with ADF&G in August 2020 outlining the terms and responsibilities of the various parties involved in the project. While not a signatory to the cooperative agreement, Island Trails Network (ITN) is named in the agreement and will be obtaining easements in the Borough’s name for portions of the trail and performing the trail improvements, as well as providing $20,000 in cash and a $100,640 in-kind match to the project. This Memorandum of Understanding will formalize the responsibilities for both the Borough and Island Trail Network. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Delgado, Griffin, Smiley, Smith, Turner, Williams, and Arndt. 2. Contract No. FY2022-14 Memorandum Of Agreement Between The Kodiak Island Borough (KIB), Kodiak Community Healthcare Center (KCHC) And Providence Kodiak Island Medical Center (PKIMC) For The Purpose Of Applying For Grant Funding To Pay For The Analysis, Planning And Preparation Of Design Improvements To The Kodiak Island Hospital Complex. ARNDT moved to approve Contract No. FY2022-14. ROLL CALL VOTE ON THE MOTION CARRIED SIX TO ONE: Griffin, Smith, Turner, Arndt, and Delgado (AYES); Williams (NO). 12.B. RESOLUTIONS AGENDA ITEM #6.A. Page 9 of 370 Kodiak Island Borough November 4, 2021 Assembly Regular Meeting Minutes Page 5 of 7 1. Resolution No. FY2022-13 Approving A One-Year Extension Of The Borough Attorney Contract. (Keene & Currall, P.P.C.) ARNDT moved to approve Resolution No. FY2022-13 approving a one-year extension with Keene & Currall, P.P.C., add authorize the interim manager to execute the extension. ARNDT moved to instate the three-year contract extension option. ROLL CALL VOTE ON THE AMENDMENT CARRIED UNANIMOUSLY: Smith, Turner, Williams, Arndt, Delgado, Griffin, and Smiley. ROLL CALL VOTE ON THE MOTION AS AMENDED CARRIED UNANIMOUSLY: Smiley, Smith, Turner, Williams, Arndt, Delgado, and Griffin. 12.C. ORDINANCES FOR INTRODUCTION None. 12.D. OTHER ITEMS 1. Mayoral Appointments Of Assembly Member Representatives To Different Boards And Committees. ARNDT moved to approve the appointments of Assembly member Representatives to different boards and committees. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner, Williams, Arndt, Delgado, Griffin, Smiley, and Smith. 2. Planning And Zoning Commission Case No. S22-001 Approval Of Vacate And Relocation Of Public Beach Access, Lot 11, Block 1, Pasagshak River 2nd Addition. ARNDT moved to approve the vacation of a 10-foot-wide public beach access on the east side of lot 11, block 1, Pasagshak river 2nd addition and in addition grant preliminary approval of a replat creating a 10-foot-wide public beach access walkway on the west side of lot 11a, block 1, Pasagshak River 2nd addition approved by the P&Z commission on September 15, 2021. This request seeks the replat of Lot 11, Block 1, Pasagshak River 2nd Addition, vacating a 10-foot-wide public beach access walkway, and creating Lot 11A, Block 1 and 10-foot-wide public beach access walkway, Pasagshak River 2nd Addition. Currently Lot 11 has a 10-foot-wide public beach access that runs north and south located on the east side of the vacant lot. The applicants are seeking to vacate the access and relocate it to the west side of the newly created Lot 11A. AGENDA ITEM #6.A. Page 10 of 370 Kodiak Island Borough November 4, 2021 Assembly Regular Meeting Minutes Page 6 of 7 With Assembly approval, the applicants, Michael and Anita Brechan, Trustees, will be able to move into the final plat process. ARNDT moved to amend the motion to approve the vacation of the 10-foot-wide public beach access on the east side of lot 11 Block 1 Pasagshak River 2nd addition and in addition grant preliminary approval of replat creating a 10-foot- wide public beach access on the west side of Lot 11A Block 1 Pasagshak River 2nd addition. ROLL CALL VOTE ON THE AMENDMENT CARRIED UNANIMOUSLY: Williams, Arndt, Delgado, Griffin, Smiley, Smith, and Turner. ROLL CALL VOTE ON THE MOTION AS AMENDED CARRIED UNANIMOUSLY: Arndt, Delgado, Griffin, Smiley, Smith, Turner, and Williams. 13. CITIZENS' COMMENTS • Amy Wagner • Cort Neff • Betty MacTavish • Candice Lotner • Jamie Fagan • John Neff • Wyatt Lotzner • Cejie Benoit 14. ASSEMBLY MEMBER' COMMENTS • Assembly member Williams had no comment. • Assembly member Smith thanked the public for their input. He also thanked providence for the care they provide. • Assembly member Turner commented on the MOA with the hospital and the powers of the ESC. • Assembly member Griffin commented on the encouraging normalcy of Halloween. • Assembly member Smiley had no comment. • Assembly member Delgado commented on the danger of trees in inclement weather and encouraged citizens to identify concerns in their proximity. • Assembly member Arndt thanked citizens for their participation and commented on the governor’s decision to veto borough funds as passed by the legislature. 15. ADJOURNMENT Mayor Roberts adjourned the meeting at 8:07 p.m. KODIAK ISLAND BOROUGH ATTEST: Bill Roberts, Mayor AGENDA ITEM #6.A. Page 11 of 370 Kodiak Island Borough November 4, 2021 Assembly Regular Meeting Minutes Page 7 of 7 Lina Cruz, Acting Borough Clerk AGENDA ITEM #6.A. Page 12 of 370 Kodiak Island Borough November 5, 2021 Assembly Special Meeting Minutes Page 1 of 2 Kodiak Island Borough Assembly Special Meeting November 5, 2021 A special meeting of the Kodiak Island Borough Assembly was held on November 5, 2021, in the Bayside Volunteer Fire Department - 4606 E. Rezanof Drive. The meeting was called to order at 12:00 p.m. Present were Mayor Bill Roberts, Assembly members Scott Arndt, Joseph Delgado, Jared Griffin, Geoffrey Smith, Scott Smiley, James Turner, and Aimee Williams. Also present were HR Personnel Meagan Christiansen, Borough Clerk Alise Rice, and Assistant Clerk Mitchell Davidson. CITIZENS' COMMENTS None. Mayor Roberts recessed the special meeting at 12:35 p.m. Mayor Roberts resumed the special meeting at 1:56 p.m. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING 1. Borough Manager Zoom Interviews EXECUTIVE SESSION 1. Discussion Of Borough Manager Zoom Interviews KIBC 2.30.030(F)(1)(c) for the purpose of discussing matters which may tend to prejudice the reputation or character of a person, who has been notified of the potential executive session and has waived the right to require the discussion take place in open session. TURNER moved to go into executive session to discuss the borough manager applicants. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Arndt, Delgado, Griffin, Smiley, Smith, Turner, and Williams. Turner moved to invite the Borough Mayor, Assembly, Meagan Christensen, and the Borough Clerks into executive session. VOICE VOTE ON MOTION CARRIED Mayor Roberts recessed the special meeting at 4:16 p.m. and convened into executive session. Following the executive session, Mayor Roberts reconvened the special meeting at 4:54 p.m. and opened the floor for discussion. AGENDA ITEM #6.A. Page 13 of 370 Kodiak Island Borough November 5, 2021 Assembly Special Meeting Minutes Page 2 of 2 TURNER moved to hire Roxanne Murphy contingent upon a background check. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin, Smiley, Smith, Turner, Williams, Arndt, and Delgado. ADJOURNMENT Mayor Roberts adjourned the special meeting at 4:55 p.m. KODIAK ISLAND BOROUGH ATTEST: ___________________________ William Roberts, Mayor ___________________________ Lina Cruz, Acting Borough Clerk AGENDA ITEM #6.A. Page 14 of 370 Kodiak Island Borough November 9, 2021 Assembly Special Meeting Minutes Page 1 of 2 Kodiak Island Borough Assembly Special Meeting November 9, 2021 A special meeting of the Kodiak Island Borough Assembly was held on November 9, 2021, in School District Conference Room, 722 Mill Bay Road. The meeting was called to order at 8:26 p.m. Present were Mayor Bill Roberts, Assembly members Scott Arndt, Joseph Delgado, Jared Griffin, Geoffrey Smith, Scott Smiley, James Turner, and Aimee Williams. Also present were Interim Borough Manager Dave Conrad, Borough Clerk Alise Rice, and Assistant Clerk Mitchell Davidson. Clerks Note: Assembly member Arndt attended via teleconference. CITIZENS' COMMENTS None. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING. 1. Borough Manager Employment Contract EXECUTIVE SESSION 1. Discussion Of Borough Manager Employment Contract TURNER moved to convene into executive session to discuss the Borough Manager Employment Contract under KIB Code 2.30.030(F)(1)(b) Any matter the immediate public knowledge of which would tend to affect adversely the finances of the borough. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Arndt, Delgado, Griffin, Smith, Smiley, Turner and Williams. TURNER moved to invite the Assembly, the Mayor, Interim Borough Manager, Dave Conrad, Borough Clerk, and Special Projects Support, Meagan Christiansen, into executive session. VOICE VOTE ON THE MOTION CARRIED Mayor Roberts closed the special meeting and convened into executive session at 8:28 p.m. Mayor Roberts reconvened the special meeting at 9:10 p.m. and opened the floor for discussion. SMILEY moved to direct the Mayor and Deputy Presiding Officer to enter into negotiations with the presumptive Borough Manager following the directions laid out in executive session. AGENDA ITEM #6.A. Page 15 of 370 Kodiak Island Borough November 9, 2021 Assembly Special Meeting Minutes Page 2 of 2 ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Delgado, Griffin, Smiley, Smith, Turner, Williams, and Arndt. ADJOURNMENT Mayor Roberts adjourned the meeting at 9:11 p.m. KODIAK ISLAND BOROUGH ATTEST: Bill Roberts, Mayor Lina Cruz, Acting Borough Clerk AGENDA ITEM #6.A. Page 16 of 370 Kodiak Island Borough November 12, 2021 Assembly Special Meeting Minutes Page 1 of 1 KODIAK ISLAND BOROUGH Assembly Special Meeting November 12, 2021 A special meeting of the Kodiak Island Borough Assembly was held on November 12, 2021, in the Assembly Chambers 710 Mill Bay Road of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 12:00 p.m. Present were Mayor Bill Roberts, Assembly members Scott Arndt, Joseph Delgado, Jared Griffin, Geoffrey Smith, Scott Smiley, James Turner, and Aimee Williams. Also present were HR Personnel Meagan Christiansen and Borough Clerk Alise Rice. CITIZENS' COMMENTS • John Neff • Betty MacTavish • Judi Kidder CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING 1. Assembly Approval Of The Borough Manager Contract. ARNDT moved to approve contract FY2022-17. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Delgado, Griffin, Smiley, Smith, Turner, Williams, and Arndt. ADJOURNMENT Mayor Roberts adjourned the special meeting at 12:11 p.m. KODIAK ISLAND BOROUGH ATTEST: Bill Roberts, Mayor Lina Cruz, Acting Borough Clerk AGENDA ITEM #6.A. Page 17 of 370 Kodiak Island Borough November 18, 2021 Assembly Regular Meeting Minutes Page 1 of 5 KODIAK ISLAND BOROUGH Assembly Regular Meeting November 18, 2021 A regular meeting of the Kodiak Island Borough Assembly was held on November 18, 2021, in the Bayside Volunteer Fire Department - 4606 E. Rezanof Drive of the Kodiak Island Borough Building. The meeting was called to order at 6:30 p.m. 1. INVOCATION The invocation was given by Major David Davis of the Salvation Army. 2. PLEDGE OF ALLEGIANCE Mayor Roberts led the Pledge of Allegiance. 3. ROLL CALL Present were Mayor Bill Roberts, Assembly members Scott Arndt, Joseph Delgado, Jared Griffin, Scott Smiley, Geoffrey Smith, James Turner. Also present were Interim Borough Manager David Conrad, Deputy Borough Clerk Lina Cruz, and Assistant Clerk Mitchell Davidson. 4. APPROVAL OF AGENDA AND CONSENT AGENDA ARNDT moved to approve agenda and consent agenda. VOICE VOTE ON THE MOTION CARRIED. 5. APPROVAL OF MINUTES The following minutes were approved under consent agenda: *Special Meeting Minutes of September 9, 2021 *Regular Meeting Minutes of September 16, 2021 *Special Meeting Minutes of September 30, 2021 *Regular Meeting Minutes of October 7, 2021 *Regular Meeting Minutes of October 21, 2021 *Special Meeting Minutes of October 29, 2021 6. CITIZENS' COMMENTS • Major David Davis • David Odell • Cort Neff 7. AWARDS AND PRESENTATIONS None. 8. COMMITTEE REPORTS AGENDA ITEM #6.A. Page 18 of 370 Kodiak Island Borough November 18, 2021 Assembly Regular Meeting Minutes Page 2 of 5 • Assembly member Arndt reported on the Alaska Municipal League fall conference. • Assembly member Smiley reported on the School Board meeting and their beginning formation of a budget. 9. PUBLIC HEARING None. 10. BOROUGH MANAGER'S REPORT The Borough Manager reported on the following: • Alaska Division of Community and Regional Affairs – American Rescue Plan Act Local Government Lost Revenue Relief Program. The Borough is applying for federal funds to make up for lost revenue due to Covid-19. • The Assessing department has sent out Senior Citizen Exemption applications. The department is also advertising the due dates for such exemptions and taxes once in November, December, and January. • Community Development is seeking citizens to fill open seats on the Planning and Zoning commission. • The CoK/KIB Cooperative Relations Committee – the committee is seeking a joint project to install Portland Loos. • The Kodiak Fisheries Research Center’s chlorination system is being prepared for installation. • American Rescue Plan Act funding spending plan has been presented to the Assembly for consideration for the first installment of funds. • Kodiak Island Borough School District – talks are ongoing with the district to inform the direction of ARPA funds for school buildings. • Solid Waste – Alaska Waste and KIB are meeting to discuss changes required to improve services to the Solid Waste contract. • USDA Grant/Loan application has been submitted and is being reviewed. • Projects – Three open bids openings occurred Tuesday: Borough and Maintenance Building Mechanical Upgrades, Providence Kodiak Island Medial Center Day Thank Replacement, and Kodiak Fisheries Research Center Fume Exhaust Upgrade. 11. MESSAGES FROM THE BOROUGH MAYOR The Borough Mayor reported on the following: • With a cold winter upon us, consider supporting the Kodiak Food Bank and the Brother Francis Shelter. 12. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS None. 13. CONSIDERATION OF CALENDAR - NEW BUSINESS A. CONTRACTS None. AGENDA ITEM #6.A. Page 19 of 370 Kodiak Island Borough November 18, 2021 Assembly Regular Meeting Minutes Page 3 of 5 B. RESOLUTIONS 1. Resolution No. FY2022-11 Adopting A State Legislative Capital Improvement Projects Priority List For The 2022 Legislative Session. ARNDT moved to adopt Resolution No. FY2022-11 A State Legislative Capital Improvement Projects Priority List For The 2022 Legislative Session. *Update for the Regular Meeting: the CIP list has been revised based upon the work session discussion. The attached document lists those projects specifically identified at the work session as being priorities and then includes projects at the bottom of the list that were mentioned but not specifically identified as a priority at that time.* The Planning And Zoning Commission has approved a five-year Capital Improvement Program (CIP). Upon review of the list and last year's Capital Improvement Priority List submitted to the State Legislature. The Assembly will decide upon priorities for this year's list to submit to the Governor and State Legislators. ROLL CALL VOTE ON THE MOTION CARRIED FIVE TO ONE: Delgado, Griffin, Smith, Turner, and Arndt (AYE); Smiley (NO). 2. Resolution No. FY2022-16 Authorizing The Manager To Accept And Expend American Rescue Plan Act (ARPA) Funds For The Benefit Of The Residents Of Kodiak. ARNDT moved to approve Resolution No. FY2022-16. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin, Smiley, Smith, Turner, Arndt, and Delgado. C. ORDINANCES FOR INTRODUCTION None. D. OTHER ITEMS 1. Planning And Zoning Commission Case No. S21-008 Approval Of Vacation Of Access And Utility Easement And Replat Of The Utility Easement, Lot 4A, Lake Shore Estates. DELGADO moved to approve the vacation of the access and Utility easement Lot 4, Lake Shore Estates and grant preliminary approval of a replat of the existing utility easements creating Lot 4A, Lake Shore Estates approved by the P&Z Commission on October 29, 2021. This request is to vacate utility and access easements located on the property known as Lake Shores Estates, Lot 4. AGENDA ITEM #6.A. Page 20 of 370 Kodiak Island Borough November 18, 2021 Assembly Regular Meeting Minutes Page 4 of 5 Lots 1, 2 and 3, which are situated next to this lot, have a utility easement intact, but none have no access easements associated with them. All four lots are flag lots, with Lot 4 having the largest flag. Granting this replat would grant similar application for all 4 lots situated within this subdivision. The applicant indicated that he intends to build a Single-Family Residence that, due to the topography of the lot, would cause vehicle access to go right by the house if not granted. The 2008 KIB Comprehensive Plan designated future use of these lots and the surrounding area to remain RR1-Rural Residential One. With Assembly approval, the applicant, David Dahl, will be able to move into the final plat process and build his single-family residential home. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley, Smith, Turner, Arndt, Delgado, and Griffin. 2. Declaring A Seat Vacant On The Planning And Zoning Commission (Mr. Novello). ARNDT moved to accept with regret, the resignation of Mr. Matt Novello effective October 31, 2021, for a term to expire December 2021, and direct the Borough Clerk to advertise the vacancy per Borough code. The Clerk's Office received Mr. Novello's resignation letter on October 29, 2021. 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. The appointing authority shall appoint a new member for the remaining unexpired term in accordance with KIBC 2.100.030. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smith, Turner, Arndt, Delgado, Griffin, and Smiley. 3. Discussion On Resuming Assembly Meetings In The Borough Assembly Chambers. Mayor Roberts opened the floor to discussion. Clerk’s Note: no action was taken on this item. 14. CITIZENS' COMMENTS AGENDA ITEM #6.A. Page 21 of 370 Kodiak Island Borough November 18, 2021 Assembly Regular Meeting Minutes Page 5 of 5 • Cort Neff • John Neff 15. ASSEMBLY MEMBER' COMMENTS • Assembly member Delgado had no comment. • Assembly member Arndt had no comment. • Assembly member Smith encouraged citizens to keep an eye out for senior tax exemption reminders. He also thanked community members for their comments and further thanked Dave Conrad for his work in the interim position. • Assembly member Smiley commented on the value of attending School Board meetings. • Assembly member Griffin congratulated the appointees to the Alaska Marine Highway Operations Board. He shared that the proposed Cook Inlet Oil and Gas Lease Sale is still open for written comment should any citizens wish to do so. • Assembly member Turner thanked assembly members Williams and Arndt for utilizing alternative funds to attend AML instead of Borough funds. 16. ADJOURNMENT Mayor Roberts Adjourned the meeting at 7:45 pm. KODIAK ISLAND BOROUGH ATTEST: Bill Roberts, Mayor Lina Cruz, Acting Borough Clerk AGENDA ITEM #6.A. Page 22 of 370 Kodiak Island Borough December 2, 2021 Assembly Regular Meeting Minutes Page 1 of 7 KODIAK ISLAND BOROUGH Assembly Regular Meeting December 02, 2021 A regular meeting of the Kodiak Island Borough Assembly was held on December 2, 2021, in the Bayside Volunteer Fire Department - 4606 E. Rezanof Drive of the Kodiak Island Borough Building. The meeting was called to order at 6:30 p.m. 1. INVOCATION The invocation was given by Major David Davis of the Salvation Army. 2. PLEDGE OF ALLEGIANCE Mayor Roberts led the Pledge of Allegiance. 3. ROLL CALL Present were Mayor Bill Roberts, Assembly members Scott Arndt, Joseph Delgado, Geoffrey Smith, Scott Smiley, and Aimee Williams. Also present were Interim Borough Manager Dave Conrad, Borough Clerk Alise Rice, and Deputy Clerk Lina Cruz. 4. APPROVAL OF AGENDA ARNDT moved to approve the agenda. VOICE VOTE ON THE MOTION CARRIED. 5. APPROVAL OF MINUTES None. 6. CITIZENS' COMMENTS • Judi Kidder • Cort Neff • John Neff 7. AWARDS AND PRESENTATIONS None. 8. COMMITTEE REPORTS • Assembly member Arndt reported on the meeting of the Architectural Review Board. • Assembly member Smiley reported on the meeting of the Solid Waste Advisory Board. AGENDA ITEM #6.A. Page 23 of 370 Kodiak Island Borough December 2, 2021 Assembly Regular Meeting Minutes Page 2 of 7 9. PUBLIC HEARING None. 10. BOROUGH MANAGER'S REPORT Interim Borough Manager, Dave Conrad reported on the following: • Finance Department – On Monday, November 29th the Finance Department received notification that they have been awarded the Popular Annual Financial Reporting Award for your PAFR for the fiscal year ending June 30, 2020, from the Government Finance Officers Association (GFOA). I have attached the award package for assembly review – And yes, we do realize we do not reside in Arkansas. On December 2, 2021, the Finance Department was notified that the recent PERS auditor emailed to congratulate the staff for no audit findings. The auditor pointed out that the audit checklist files supplied made the required work easier to process and complete the required audit. • Opioid Settlement – Attorney Scott Brant-Erichsen has been notified of the consensus of the assembly that if funding were to be congregated it would be of a larger benefit to the residents of the state. The attorney will continue to monitor the situation and report back to the KIB . Recent memo from AML/JIA has been shared with the attorney for comment. • The Alaska Division of Community and Regional Affairs – DCRA-ARPA Local Government Lost Revenue (LGLR) Relief Program – The Alaska Legislature appropriated $50 million from the State’s ARPA COVID State and Local Fiscal Recovery funds toward a local government relief program. Staff has researched the eligibility for the Lost Revenue Relief Program. The application period is open until December 6, 2021. A resolution is before you tonight for discussion and approval. The resolution deadline has been extended until December 31, 2021. • Assessing - Senior Citizen Exemptions applications, Disabled Veteran applications, Aircraft and Business Personal Property Letters were mailed on November 15, 2021, per the KIB Code requirements. The deadline to file is on or before January 15th. Proofed informative reminder ads for the due dates for the exemptions and taxes reminding the community of the due dates will run once in November, December, and January. The deadline to file is on or before January 15th. • Community Development - The P&Z Commission has an open Borough seat due to the resignation of Matt Novello and an open City seat due to the vacation of Mr. Delgado. Mr. Cross has already re-applied for a city seat that will be vacated at the end of the year and there will be an additional vacated Borough seat at the end of the year. According to the City Clerk, three applicants will be reviewed for the 2 City seats at the December 7th and 9th meetings and one Borough applicant will be seeking approval at the December 16 assembly meeting. • Special Projects – The Healthy & Equitable Communities MOA has announced another $11,543.49 is available to Kodiak for supporting homeless populations during the COVID-19 response to assist with any necessary detection, prevention, mitigation, quarantine/isolation, or wrap-around services. It is the intent of the KIB to provide these funds to the Brother Francis Shelter. Reporting stipulations will be required for documentation of the funding and its use. • American Rescue Plan Act (ARPA) Funding – Reporting roles have been assigned by the KIB. Resolution FY2022-16 which was passed allows for AGENDA ITEM #6.A. Page 24 of 370 Kodiak Island Borough December 2, 2021 Assembly Regular Meeting Minutes Page 3 of 7 conversations to begin. Requests for cost proposals have been made to the architects and engineers. Projects will be created to track the use of the funds. Discussions with the hospital are planned to begin the week of December 6, 2021. Staff will propose to expend $12,000 of the remaining ARPA funds be provided to the Salvation Army Food Bank for a similar funding amount to Brother Francis to keep funding equitably. Documentation and reporting requirements will be assigned for tracking purposes. • COK/KIB Cooperative Relations Committee – Awaiting added direction from Assembly about possible cooperative projects. Clarifications and definitions will be changed associated with the joint MOA for the installation of the Portland Loo’s. (Commercial Passenger Vessel Tax) • KFRC Chlorination System – Components are bring received. Meetings with GSA will continue for status updates. Requirement to install and verify function by January 2022. • KIBSD – Discussions with the KIBSD will continue. Chiniak School Water and the Peterson Elementary School Roof and HVAC Project design and planning cost has been requested. Staff has contacted a local contractor to provide a cost for temporary repairs to the Main Roof. Architect will be asked to provide a cost for design and project preparation. • Solid Waste – Met with KANA to discuss possibility of including hazardous material disposal during the fall events. A separate price would require calculation for non-rate payer cost for handling and disposal. Analyze and discuss if bringing waste from the rural communities would require the solid waste permit to be Alaska Waste and the KIB are meeting jointly to discuss the adaptations and changes required to improve services to the Solid Waste Contract as it relates to the rate payers, contractor, and operation of the enterprise fund. • USDA Grant / Loan Application – Submitted and review has begun. Awaiting completion of the fiscal audit. Most recent approved audit is required for final review. Anticipate having this document by next week. • Projects – The Borough and Maintenance Building Mechanical Upgrades, PKIMC Day Tank Replacement and KFRC Fume Exhaust Upgrade are before the assembly for approval tonight. Staff expects the NorthStar Elementary School Phase II Siding Project final design documents and the KFRC Exterior prior to the end of November. • Upcoming Items – Landfill shot rock development, KFRC Capital Project and Maintenance Management Discussion, Annual Service Contracts Update and discussion, Service Area Contracts, Personnel Manual Review, and request for update, KIB passenger and light vehicle condition list and needed replacement, presentation about the change of the investment strategies of the KIB, Solid Waste Contract updates and request for modifications. 11. MESSAGES FROM THE BOROUGH MAYOR Mayor Roberts reported on the following: • Applied for a seat on the Governor’s bycatch committee. • The new Borough Manger is preparing to move to Kodiak and start working by mid-December. 12. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS AGENDA ITEM #6.A. Page 25 of 370 Kodiak Island Borough December 2, 2021 Assembly Regular Meeting Minutes Page 4 of 7 13. CONSIDERATION OF CALENDAR - NEW BUSINESS 13.A CONTRACTS 1. Contract No. FY2022-20 Kodiak Fisheries Research Center Fume Hood Exhaust Upgrades. ARNDT moved to authorize the Borough Manager to execute Contract No. FY2022-20 with Scott’s Heating and Plumbing in the amount of $149,930. This contract is for the upgrade of fume hood exhaust system at Kodiak Fisheries Research Center (KFRC). There are six fume hoods at KFRC and there are currently issues maintaining sufficient air flow when a certain number of hoods are in use. The scope of work is to install an additional exhaust fan and modify ductwork to eliminate these issues. Design was completed by Jensen Yorba Wall and RSA Engineers. An invitation to bid was issued on October 21, 2021, and bids were due and opened on November 16, 2021. Two bids were received, and the apparent low bidder was Scotts Heating & Plumbing of Kodiak. The bid tabulation is attached. The work is scheduled to be completed by June 12, 2022. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Arndt, Delgado, Smiley, Smith, and Williams. 2. Contract No. FY2022-21 PKIMC Day Tank Replacement ARNDT moved to authorize the Borough Manager to execute Contract No. FY2022-21 with Premier Mechanical, LLC in the amount of $120,344. This contract is for replacement of the day tank and pumps for the boilers at Providence Kodiak Island Medical Center. The equipment has reached the end of its useful life and has been having problems creating enough suction to pull fuel from the recently replaced fuel tank. Design was completed by Jensen Yorba Wall and RSA Engineers. An invitation to bid was issued on October 21, 2021, and bids were due and opened on November 16, 2021. Two bids were received, and the apparent low bidder was Premier Mechanical LLC of Kodiak. The bid tabulation is attached. The work is scheduled to be completed by July 12, 2022. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Delgado, Smiley, Smith, Williams, and Arndt. 3. Contract No. FY2022-23 Borough Building Boiler Room Upgrades AGENDA ITEM #6.A. Page 26 of 370 Kodiak Island Borough December 2, 2021 Assembly Regular Meeting Minutes Page 5 of 7 ARNDT moved to authorize the Borough Manager to execute Contract No. FY2022-23 with Scott’s Heating and Plumbing in an amount of $963,093 for the base bid. This contract is for removal and replacement of the boilers and generator at the Borough Building, including all related boiler room equipment and completion of hazardous material abatement as necessary. The existing boilers at the Borough and Maintenance Building are over 50 years old and have reached the end of their useful life. Alternates were included for removal and replacement of the boilers at the Maintenance Building and electrical gear adjacent to the Maintenance Building. Design was completed by Jensen Yorba Wall and RSA Engineers and approved by the Architectural/Engineering Review Board. The project was originally bid in May 2021 and one bid was received. The Assembly voted not to approve a contract at that time due to concerns about the lack of bids and proposed cost. The project was put back out to bid on October 21, 2021, and bids were due and opened on November 22, 2021. Five bids were received. Staff is requesting Assembly direction on which, if any, alternates to award. The low bidder for the base bid was Scott's Heating and Plumbing in the amount of $963,093. Dawson Construction LLC was the next lowest bidder in the amount of $1,033,000. The bid specifications state "The Owner shall have the right to accept Alternates in any order or combination...and to determine the low Bidder on the basis of the sum of the Base Bid and Alternates accepted." If the Base Bid and Alternate #1 are awarded Scott's would still be the lowest bidder in the amount of $1,375,298. If the Base Bid and Alternate #2 are awarded Scott's would still be the lowest bidder in the amount of $1,039,008. If the Base Bid and both alternates are awarded Dawson would the low bidder in the amount of $1,429,000. Kodiak Island Borough Code 3.30.060 Local Preference states "The assembly may, in its discretion, direct an award of a contract for the purchase of personal property or services after competitive bidding to a responsible bidder who maintains a business office or store within the borough from which the property or service would be provided, if that bid does not exceed the lowest responsible bid by more than 10 percent." Therefore, the Assembly could decide to award the base bid and both alternates, and exercise local preference to still award the contract to Scott's Heating and Plumbing. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley, Smith, Williams, Arndt, and Delgado. 13.B RESOLUTIONS 1. Resolution No. FY2022-18 Confirming Application For The State Of Alaska State’s American Rescue Plan Act Local Government Lost Revenue Relief Program. AGENDA ITEM #6.A. Page 27 of 370 Kodiak Island Borough December 2, 2021 Assembly Regular Meeting Minutes Page 6 of 7 ARNDT moved to approve Resolution FY2022-18 confirming the application for the State of Alaska ARPA Local Government Lost Revenue Relief Program. The Alaska legislature appropriated $50 million from the State’s American Rescue Plan Act (ARPA) COVID State and Local Fiscal Recovery funds toward a local government relief grant program to promote economic recovery and continuity of government services to local governments that experienced revenue loss due to COVID-19, to be administered by the State of Alaska Department of Commerce, Community and Economic Development, Division of Community and Regional Affairs. The Kodiak Island Borough is eligible to apply. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smith, Williams, Arndt, Delgado, and Smiley. 13.C ORDINANCES FOR INTRODUCTION None. 13.D OTHER ITEMS None. 14. CITIZENS' COMMENTS • Judi Kidder • Cort Neff • Nick Szabo 15. ASSEMBLY MEMBER' COMMENTS • Assembly member Smiley shared that the recent SWAB meeting had been excellent. • Assembly member Williams shared her experiences at the Alaska Municipal League meeting and the Southwest Alaska Municipal Conference. • Assembly member Smith reminded the public to stay on the lookout for senior tax exemption notices in the mail. • Assembly member Arndt commented that personal property taxes were also coming due. • Assembly member Delgado had no comment. 16. EXECUTIVE SESSION A. Interim Borough Manager, Dave Conrad, Review And Input ARNDT moved to convene into executive session for the matter of review and input in regard to the Interim Borough Manager Dave Conrad. Executive Session under KIBC 2.30.030(F)(1)(c) for the purpose of discussing matters which may tend to prejudice the reputation or character of a person, who has been notified of the potential executive session and has waived the right to require the discussion take place in open session. AGENDA ITEM #6.A. Page 28 of 370 Kodiak Island Borough December 2, 2021 Assembly Regular Meeting Minutes Page 7 of 7 ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Williams, Arndt, Delgado, Smiley, and Smith. Arndt moved to invite the Mayor, the Assembly, the Borough Manager, and the Clerk into executive session. VOICE VOTE ON THE MOTION CARRIED. Mayor Roberts recessed the regular meeting at 7:26 p.m. Mayor Roberts convened into executive session at 7:31 p.m. Mayor Roberts reconvened the regular meeting at 8:11 p.m. and announced that no action was to be taken as a result of the executive session. 17. ADJOURNMENT Mayor Roberts adjourned the regular meeting at 8:12 p.m. ATTEST: KODIAK ISLAND BOROUGH Bill Roberts, Mayor Approved on: Lina Cruz, Acting Borough Clerk AGENDA ITEM #6.A. Page 29 of 370 Kodiak Island Borough December 16, 2021 Assembly Regular Meeting Minutes Page 1 of 8 KODIAK ISLAND BOROUGH Assembly Regular Meeting December 16, 2021 A regular meeting of the Kodiak Island Borough Assembly was held on December 16, 2021, in the Bayside Volunteer Fire Department - 4606 E. Rezanof Drive of the Kodiak Island Borough Building. The meeting was called to order at 6:30 p.m. 1. INVOCATION The invocation was given by Major David Davis of the Salvation Army. 2. PLEDGE OF ALLEGIANCE Assembly member Arndt led the Pledge of Allegiance. 3. ROLL CALL Present were Assembly members Scott Arndt, Joseph Delgado, Jared Griffin, Geoffrey Smith, Scott Smiley, and James Turner. Also present were Interim Manager Dave Conrad, Borough Clerk Alise Rice, and Deputy Clerk Lina Cruz. 4. APPROVAL OF AGENDA AND CONSENT AGENDA SMITH moved to approve the agenda. VOICE VOTE ON THE MOTION CARRIED. 5. *APPROVAL OF MINUTES None. 6. CITIZENS' COMMENTS • Cort Neff • Betsy Oliver • Major Dave Davis 7. AWARDS AND PRESENTATIONS 8. COMMITTEE REPORTS • Assembly member Arndt introduced new, Bayside Fire Chief Lee. • Assembly member Delgado reported on the Kodiak College council meeting and their voc-tech programs. • Assembly member Griffin reported on the KOC-KIB Cooperative Relations committee meeting and the passenger vessel tax. AGENDA ITEM #6.A. Page 30 of 370 Kodiak Island Borough December 16, 2021 Assembly Regular Meeting Minutes Page 2 of 8 9. PUBLIC HEARING None. 10. BOROUGH MANAGER'S REPORT Interim Manager Dave Conrad reported on the following: • Governor’s Budget Proposal - I have provided a copy of Mark Hickey’s email regarding the press release from 1 2/1 5 from the Office of the Governor. • Finance Department — Advertising currently for Fiscal Technician In-house and Payroll Technician outside are being advertised. Funding is available in the current budget. First budget amendment of FY22 will be before the assembly on December 30th• Included in this amendment is staffs request of $250,000 for continued funding of the CAMA (computer assisted mass appraisal) and Collection software project. Staff has participated in a demo from our current CAMA software vendor for an upgraded version of the software and have a demo scheduled with our financial software vendor who also has a CAMA software package. Emphasis on conclusion of this process is important due to the anticipated retirement of critical staff. The audit for year FY202 1 is complete and the Annual Comprehensive Financial Report is available on-line. Thank you to staff for their extra effort this year which enabled the audit to be completed two weeks earlier than last year. The ‘Quarterly Budget Summary’ for the first quarter of fY2022 is now on the website. This summary shows how our actual income and expenses compare to what was budgeted as of September 30th. • Opioid Settlement — Appropriate forms have been signed for the participation in the program as required by the state and forwarded to Attorney Scott Brant- Erichsen for submission. Additional information sheets are attached to this report for review. • The Alaska Division of Community and Regional Affairs — DCRA-ARPA Local Government Lost Revenue (LGLR) Relief Program — The Alaska Legislature appropriated $50 million from the State’s ARPA COVID State and Local Fiscal Recovery funds toward a local government relief program. Application has been submitted and the approved resolution will be submitted upon approval and signatures added. This resolution is before you tonight for consideration and a vote. • Assessing - Demo’s for assessing software have started. Second demo scheduled for later in January. Anticipate report to assembly in February or March 2022. Senior Citizen Exemptions applications, Disabled Veteran applications, Aircraft and Business Personal Property Letters were mailed on November 1 5, 2021, per the KIB Code requirements. The deadline to file is on or before January 1. Proofed informative reminder ads for the due dates for the exemptions and taxes reminding the community of the due dates will run once in November, December, and January. The deadline to file is on or before January 15th. • Community Development - The P&Z Commission has a rezone case that will be coming froward to the assembly for approval. P&Z Commission appointments will be required for a full commission due to resignations. • Special Projects — The Healthy & Equitable Communities MOA has announced another $11,543.49 is available to Kodiak for supporting homeless populations during the COVID-19 response to assist with any necessary detection, prevention, mitigation, quarantine/isolation, or wrap-around services. AGENDA ITEM #6.A. Page 31 of 370 Kodiak Island Borough December 16, 2021 Assembly Regular Meeting Minutes Page 3 of 8 It is the intent of the KIB to provide these funds to the Brother Francis Shelter. Reporting stipulations will be required for documentation of the funding and its use. • American Rescue Plan Act (ARPA) Funding — Awaiting proposal costs from the architects and engineers. Projects will be created to track the use of the funds. Staff will propose to expend $12,345.50 of the remaining ARPA funds be provided to the Salvation Army Food Bank for a similar funding amount to Brother Francis to keep funding equitably. Documentation and reporting requirements will be assigned for tracking purposes. • COK/KIB Cooperative Relations Committee — Meeting held 12/1 5. This committee is still attempting to determine its role. Clarifications and definitions will be changed associated with the joint MOA for the installation of the Portland Loo’s. (Commercial Passenger Vessel Tax) • KFRC Chlorination and Ozinator System — Components are installed for the chlorination system and the system is functional. An estimate is attached from CRW Engineering Group for review by the assembly. This estimate has been provided and will be placed on a future work session for consideration. Discussions with GSA regarding replacement will be scheduled to discuss the ozonation system replacement as well as R&R Projects for the facility. • KIBSD — Discussions with the KIBSD will continue. Chiniak School Water and the Peterson Elementary School Roof and HVAC Project design and planning cost has been requested. • Main Elementary School Roof – Staff recommends that the repairs to the Main Elementary School Roof be postponed or delayed until the spring/summer season. No further information has been received from the KIBSD that indicates that the roof is currently leaking. Staff recommends that funding be granted for the preparation of a project for the replacement of the roof. A fee proposal has been received from Jensen Yorba Wall for $64,560 for the preparation of bid documents, support services pre and during construction. • Solid Waste — Staff is meeting with KANA to discuss possibility of including hazardous material disposal during the fall events. A separate discussion regarding non-rate payer cost for acceptance, handling, and disposal of waste and Haz mats at the landfill has started. Staff will speak with the ADEC to ensure permit integrity and compliance with the Solid Waste Permit is preserved for the road system customer base. Alaska Waste and the KIB are meeting jointly to discuss the adaptations and changes required to improve services to the Solid Waste Contract as it relates to the rate payers, contractor, and operation of the enterprise fund. • USDA Grant / Loan Application — Submitted and review has begun. Fiscal Audit has been provided. Anticipate review in Alaska and then one additional month for a review by the USDA. • Projects — The Borough and Maintenance Building Mechanical Upgrades, PKIMC Day Tank Replacement and KFRC Fume Exhaust Upgrade have been awarded and the jobs are proceeding. Staff expects the NorthStar Elementary School Phase II Siding Project bid opening was this afternoon. • Upcoming Items — Landfill shot rock development, KFRC R&R, Capital Project and Maintenance Management Discussion, Annual Service Contracts Update and discussion, Service Area Contracts, Personnel Manual Review, and request for update, KIB passenger and light vehicle condition list and needed replacement, presentation about the change of the KIB, Solid Waste Contract updates and request for modifications. AGENDA ITEM #6.A. Page 32 of 370 Kodiak Island Borough December 16, 2021 Assembly Regular Meeting Minutes Page 4 of 8 11. MESSAGES FROM THE BOROUGH MAYOR None. 12. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 13. CONSIDERATION OF CALENDAR - NEW BUSINESS 13.A. CONTRACTS 1. Contract No. FY2022-25 Authorizing The Borough Manager To Enter Into A Memorandum Of Agreement With The State Of Alaska Department Of Health And Social Services Division Of Public Health And Accept Funds For The Healthy & Equitable Communities Program. TURNER moved to approve Contract No. FY2022-25 authorizing the borough manager to enter into a memorandum of agreement with the State of Alaska Department Of Health and Social Services Division of Public Health. The State of Alaska, Department of Health and Social Services, and Division of Public Health will provide funding to Alaskan local governments in support of creating and sustaining healthy and equitable communities around the state. Funding will be available through June 30, 2024, to support activities and strategies to promote and build healthy and equitable communities around the state. All funded activities must have an emphasis on high-risk, underserved population groups. Because the Kodiak Island Borough does not directly provide community health services, staff have worked with representatives from the Kodiak Area Native Association, Kodiak Community Health Center, and Brother Francis Shelter to propose activities that benefit the residents of the Kodiak Island Borough. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Arndt, Delgado, Griffin, Smiley, Smith, and Turner. 13.B. RESOLUTIONS 1. Resolution No. FY2022-15 Approval Of The 2022 Borough Calendar. DELGADO moved to approve Resolution No. FY2022-15 approval of the 2022 borough calendar as it appears in appendix a. Ordinance No. FY2018-12 states the assembly is to set and adopt its meeting calendar for the following year by resolution; and if the regular meeting falls on a holiday or holiday eve the assembly may advance, postpone, or cancel meetings as necessary; and, when the lack of a quorum for holding a meeting occurs, or when there is little or no business to be considered the assembly may cancel such meeting and hear its business at the next regular meeting. AGENDA ITEM #6.A. Page 33 of 370 Kodiak Island Borough December 16, 2021 Assembly Regular Meeting Minutes Page 5 of 8 The following meetings are recommended to be cancelled due to the anticipation of lack of quorum, or falls on a holiday: Thursday November 10th Work Session - Newly Elected Training Thursday November 17th Regular Meeting - Anticipated Lack of Quorum, Alaska Municipal League Conference Thursday November 24th Work Session - Thanksgiving Holiday. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Delgado, Griffin, Smiley, Smith, Turner, and Arndt. 2. Resolution No. FY2022-17 Adopting An Alternative Allocation Method For The FY22 Shared Fisheries Business Tax Program And Certifying That This Allocation Method Fairly Represents The Distribution Of Significant Effects Of Fisheries Business Activity In FMA 13: Kodiak Area. TURNER moved to approve Resolution No. FY2022-17 adopting an alternative allocation method for the FY22 shared fisheries business tax program and certifying that this allocation method fairly represents the distribution of significant effects of fisheries business activity in FMA 13: KODIAK area. Purpose This resolution is to accept the Alternative Method as the method used to distribute State of Alaska Shared Fisheries Business Taxes for the Fisheries Management Area (FMA)13: KODIAK AREA. Background The State of Alaska, Department of Commerce, Community and Economic Development's Shared Fisheries Business Tax Program was created in 1990 to help municipalities impacted by the effects of the rapidly expanding offshore fish processing industry by collecting a tax from fish processors and sharing the collected taxes with affected municipalities. FMA13: KODIAK AREA includes seven communities: the City of Akhiok, City of Kodiak, Kodiak Island Borough, City of Larsen Bay, City of Old Harbor, City of Ouzinkie, and the City of Port Lions. There are two methods available to allocate the money between the communities, the Standard Method and the Alternative Method. The Standard Method (or long form) was used until 2012 when, recognizing the burden and hardships incurred by the smaller communities in getting the long form completed, agreed to the Alternative Method formula. All communities in the FMA13:KODIAK AREA must agree to us the same method. The formula all communities have agreed to allocate 50% of the revenue equally between all communities and the remaining 50% of revenue is allocated on a per capita basis (see attached DCCED estimated revenue allocations). Current There are two deadlines associated with this application. AGENDA ITEM #6.A. Page 34 of 370 Kodiak Island Borough December 16, 2021 Assembly Regular Meeting Minutes Page 6 of 8 • If we propose to change the Alternative Method allocation, a proposal must be submitted by January 15, 2022. • If we agree with the current Alternative Method formula then a completed application is due by February 15, 2022. Business Tax Revenue: The FY22 total amount available to allocate to the seven communities is: $131,649.76. The Borough's share of that amount is $43,080.66 (we received $25,500.19 in FY2021). Landing Tax Revenue: The FY22 total amount available to allocate to the seven communities is: $19,688.84. The Borough’s share of that amount is $6,442.91 (we received $2,989.70 in FY2021). ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin, Smiley, Smith, Turner, Arndt, and Delgado. 3. Resolution No. FY2022-19 Funding For Salvation Army Food Bank In The Amount Of $12,354.50. DELGADO moved to authorize the Interim Borough Manager to enter into a grant agreement with the Salvation Army in the amount of $12,354.50 for assistance in providing food resources to the homeless and disadvantaged residents of the Kodiak Island Borough. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley, Smith, Turner, Arndt, Delgado, and Griffin. 13.C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2022-07 Amending Section 2.30.060 Assembly Order Of Business And Agenda, Adding A Statement Of Land Acknowledgement. DELGADO moved to advance Ordinance No. FY2022-07 amending KIB code section 2.30.060, Order of Business and Agenda, to add a statement of land acknowledgement to public hearing at the next regular meeting of the assembly on January 6, 2022. Adopting this ordinance will add a land acknowledgement to the regular permanent assembly agenda. There are two versions of this statement that have been provided. Version One is the currently used statement and Version Two is currently the School Board statement. SMILEY moved to amend Ordinance No. FY2022-07 to placement of the Statement of Land Acknowledgement as immediately after the Pledge of Allegiance. AGENDA ITEM #6.A. Page 35 of 370 Kodiak Island Borough December 16, 2021 Assembly Regular Meeting Minutes Page 7 of 8 ROLL CALL VOTE ON THE AMENDMENT TO THE MOTION CARRIED UNANIMOUSLY: Turner, Arndt, Delgado, Griffin, Smiley, Smith, and Turner. SMITH moved to postpone to the regular meeting of the Assembly on January 6th. ROLL CALL VOTE ON THE MOTION TO POSTPONE CARRIED FOUR TO TWO: Arndt, Griffin, Smith, and Turner (AYES); Delgado and Smiley (NOES). 13.D. OTHER ITEMS 1. Declaring An At Large Seat Vacant On The Consolidation Committee (Mr. Thomas). SMILEY moved to accept with regret, the resignation of Mr. Roy Thomas effective December 13, 2021, and direct the Borough Clerk to advertise the vacancy per Borough code. Assembly Discussion Roll Call Vote The Clerk's Office received Mr. Thomas' resignation letter on December 5, 2021. 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. The appointing authority shall appoint a new member for the remaining unexpired term in accordance with KIBC 2.100.030. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Delgado, Griffin, Smiley, Smith, Turner, and Arndt. 14. CITIZENS' COMMENTS • Cort Neff 15. ASSEMBLY MEMBER' COMMENTS • Assembly member Delgado had no comment. • Assembly member Griffin thanked Roy Thomas for his service to the Borough and congratulated Mitchell and Sarah Davidson at the birth of their son. • Assembly member Smiley had no comment. • Assembly member Turner reported on Fil-Am scholarships and the opportunities the Fil-Am community brings to Kodiak. • Assembly member Arndt wished everyone a merry Christmas. AGENDA ITEM #6.A. Page 36 of 370 Kodiak Island Borough December 16, 2021 Assembly Regular Meeting Minutes Page 8 of 8 16. ADJOURNMENT Turner moved to adjourn. VOICE VOTE ON THE MOTION CARRIED. The meeting adjourned at 7:33 p.m. ATTEST: KODIAK ISLAND BOROUGH Bill Roberts, Mayor Approved on: Lina Cruz, Acting Borough Clerk AGENDA ITEM #6.A. Page 37 of 370 KODIAK ISLAND BOROUGH STAFF REPORT MARCH 17, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2022-12 Amending Kodiak Island Borough Code Section 3.35.030(A)(3) Regarding Required Tax Property Exemptions. ORIGINATOR: Assessor, Seema Garoutte RECOMMENDATION: Move to adopt Ordinance No. FY2022-12. Staff Report- Assessor, Seema Garoutte Assembly Discussion Roll Call Vote DISCUSSION: The language “Property used for religious purposes includes the residence of a bishop, pastor, priest, rabbi, minister, or religious order of a recognized religious organization” is language from the 1962 version of the Alaska Statutes. This was amended in 1972 and again in 1985 and 2006. Similarly, the sentence “Property of any religious, educational or charitable organization from which the organization derives any rentals or profits shall not be exempt” is from the 1962 version of the statutes. The current language in AS 29.45.030(b) provides (significant changes highlighted in bold): “(b) In (a) of this section, "property used exclusively for religious purposes" includes the following property owned by a religious organization: (1) the residence of an educator in a private religious or parochial school or a bishop, pastor, priest, rabbi, minister, or religious order of a recognized religious organization; for purposes of this paragraph, "minister" means an individual who is (A) ordained, commissioned, or licensed as a minister according to standards of the religious organization for its ministers; and (B) employed by the religious organization to carry out a ministry of that religious organization; (2) a structure, its furniture, and its fixtures used solely for public worship, charitable purposes, religious administrative offices, religious education, or a nonprofit hospital; (3) lots required by local ordinance for parking near a structure defined in (2) of this subsection.” The difference is relevant for a couple reasons. First, the state law now includes private religious or parochial school teacher housing, which was added in 2006. Second, the criteria to determine a minister is more detailed. For these two items we can still look to s tate law on the AGENDA ITEM #10.A. Ordinance No. FY2022-12 Amending Kodiak Island Borough Code Section 3.35...Page 38 of 370 KODIAK ISLAND BOROUGH STAFF REPORT MARCH 17, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough theory that it preempts any inconsistent application of our definition of minister, and mandates exemption of the teacher residence. While we require some of this information (see KIBC 3.35.030(A)((3)(a)(vii), our language is not consistent regarding the school teacher or revenues. It would be cleaner to be parallel with the statutes on this issue. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #10.A. Ordinance No. FY2022-12 Amending Kodiak Island Borough Code Section 3.35...Page 39 of 370 3.All property used exclusively for nonprofit r e l i g i o u s , charitabl e, cemetery,hospital,oreducational purposes (classroom space only)is exempt from tforthecalendaryearinwhichapplicationistimely filed if the assessor determines that the applicat ion de mo nstr ates thepropertyqualifiesforexemptionas provided by AS .Proper y used or reli gio us purpo ses includestheresidenceoabishop,pastor, priest,rabbi,minister,or religious order of a rec og niz ed religiousorganizationandtofurtherincludeallother improved property o such organiza ion not use d orbusin ess, rent,orprofit.Propertyofanyreligious, educational,or charitable organization rom wh ich theorganiz ation derivesanyrentalsorproitsshallnotbe e empt.Unimpro ed or vacant real property of suc h organizaionwhichisnotcurrentlyusedfor religious,hospital,educational,cemetery,or ch arit abl e purpos es shallbedeemedtobepropertyheldorused for profit,unless by deed restriction or otherwis e t h e realpropertyhasbeeneectuallydedicatedtouure use for religious,educational,or charitable purp oses onlyandcannotbesoldorusedforanyotherpurposes. Any vacant land which initially quali ies for an e x e m pt io n underthissection,andorwhichanapplicationis filed,but is not placed in use ithin two years o isofthefirsttaxyear,shallbesubjecotaxationin each ax year,retroac ive to the firs ax year orheexemptionwasgranted. 1.All real and per son al prope rty belongingtotheUnitedStatesofAmerica,thestateofAlaska,theborough, the city of Kodiak,o r aotherincorporate d citylyingandbeingwithintheboundariesoftheborough,and except for property throughforeclosureorbydeedinlieuofforeclosure.However,aprivate leasehold interest i n exemptpropertiesthatiscreatedbylease,loan,contract,preferentialuse agreement or other wise, andismadeavailabletoandusedbyaprivatepersonorprivateenterprise,shallbe taxable to the extent o f thatinterestpursuanttoASandKIBC a.To q u a li f y foranexemptionundersubsectionofthissection,theapplicantorganizationshall provide tfol lo wi ng informationtotheassessorordesigneetosupportadeterminationofexempt status:R ea l an d persona l propertyexemptedfromtaxation. 3. 35 . 03 0 Realandpersonalpropertyexemptedfromtaxation|KodiakIslandBoroughCodePage1of8 TheKodiakIslandBoroughCodeiscurrentthroughOrdinanceFY2022-06,passedNovember4,2021. iv.ofanytypethatdescribeormemorializetheuseofthepropertybyapersonorentity other theapplicantorganization. A.T h e fol lo wi ng describedpropertiesshallbeexemptfromanyandalltaxationotherwiseimposedunderthe foreg oing secti ons: ii.tosupporttheorganization'snot-for-profitstatus(e.g.,IRSSection deter minat ion letter,orequivalent).A oftheproperty'suse,demonstratingitsconsistencywiththerequestedexemption. 2.pro pert y oraninterestinrealpropertythatisexemptfromtaxationunder ( ANCS A). T he ar ti cl es ofincorporatio n. 3. ‘- 9- _4 _5 -_ ° §_ 3. 3 5. 0 ( c ) ( 29 . 45 . 3. 35 . 02 16 20 (d (A )AGENDA ITEM #10.A.Ordinance No. FY2022-12 Amending Kodiak Island Borough Code Section 3.35...Page 40 of 370 5.The prop erty ofanyorganizationwhichisnotorganizedforbusinesspurposesandwhosemembershipis composed e nt ir el y ofveteransofanywarsoftheUnitedStates,asrecognizedandcharteredbytheCongress of the United andthepropertyoftheauxiliaryofanysuchorganization.Propertyofanysuchveteran's organization au xil iar y fromwhichtheorganizationderivesanyrentalsorprofitsshallnotbeexempt. 4.Any landwhichinitiallyqualifiesforanexemptionunderthissection,butwhichisnotplacedinuse within tw o y e a r s fromJanuary1stofthefirsttaxyear,forwhichanapplicationisfiled,shallbesubjectto taxation e a c h taxyear,retroactivetothefirsttaxyearforwhichtheexemptionwasgranted.vii.For usedasareligiousresidence,adescriptionoftheresident'sordination, commissi on, orlicense(accordingtothestandardsofthereligiousorganization),andproofofthe resident's ebythereligiousorganizationasitsspiritualleader. (C)Whe re pro per ty isleasedbytheorganizationtootherentities,financialstatementsforthe past tax inclu ding incomeandexpensereports,andadescriptionofanydebtserviceor depreciat ion rep orte d inthefinancialstatementsfortheproperty. a.No s i n g l e orga nizat ion shallreceivemorethantwoexemptvacantparcels,andtheexemptionforany one parc el s h al l notexceedtheaverageassessedvalueofasingle,similarlyzonedproperty,as determin ed bytheassessoronanannualbasis. c.A res ide nt atleast60yearsoldwhoisthewidoworwidowerofapersonwhohaspreviouslyqualified for an ex em pti on forthesameresidenceundersubsectionorofthissection,andwhojointly owned ortheresidencewiththerequestor. b.The assessormayrequestadditionalinformationpriortomakingadetermination,as reasonabl y n ec es sa ry , todeterminetheexemptstatusofapropertyinaccordancewithboroughcode and regul ation s andstatelaw. 6.A s d e s c ri b e d inAS,thefirst$150,000ofassessedvalueoftherealpropertyownedand occup ied astheprimaryresidenceandpermanentplaceofabodeby: 3. 35 . 03 0 Realandpersonalpropertyexemptedfromtaxation|KodiakIslandBoroughCodePage2of8 TheKodiakIslandBoroughCodeiscurrentthroughOrdinanceFY2022-O6,passedNovember4,2021. vi.pr op ert y usedforaneducationalpurpose,adescriptionofcoursecurriculumandclassroom space . v.Ades crip tion ofanyremunerationreceivedbytheapplicantorganizationincluding: (A ) A ny propert y, orportionofproperty,fromwhichrentalsorincomearederived.(B ) A ct ua l operatingexpenses,excludingdebtserviceordepreciation. of secti on only,thefollowingwordsaredefinedas: 7.Forpurposesofsubsection A 65yearsofageorolder; b.Adisa bled veteran;or 29 . 45 . 03 0 (A ) A )AGENDA ITEM #10.A.Ordinance No. FY2022-12 Amending Kodiak Island Borough Code Section 3.35...Page 41 of 370 \ ’. ‘:.r'~l:..._-|\:‘q1. ~.~.| ‘"T-. "*-|"?.\“\:-.~‘-’3-'1. .1|u -;.'; - E ":=‘.:.‘.ai%~—*‘—f:'* ..‘1‘**r ..I ...- ~ u ~ 31 um. .,‘ x i K I... .‘|.:.u.tI.I‘:‘l‘£.: "N..II‘.f..‘..'.L:‘.F~..h‘ ‘is;‘K ...‘£I._'. .«...!*“]i ‘I!g<‘:§t?‘§;.?j~£i_~&‘: %;i _.VA ..._‘:5:-!~_i~ .: nIn~‘.‘.:~...E In .I ...“.*~r.‘ uI.: |. ‘ I. .n‘HI".‘.I. ..iv‘ 4 §v“~a L323; ‘.“-".~‘.~m.‘; {;;»7:.L 52:; ‘I '~¥1‘‘:2. ?n I -‘*E.‘K.::.‘."..~.. H. ‘i .q$_.:‘.: ~‘"3 .\ ~N~~=_-s~.-K- #1.. ..‘ "~.‘*-E‘""*‘-!.i.rL‘-"‘*'‘S-'3 "‘:~;;~ ‘ ~= N! E ~ . - cw.-.:s,~.~‘=:~.~ ==~.~ ‘~ ~~~"*L;‘,:. 1'*K"?"i.‘-Ix~‘_~,L °:'.'.!l% ‘ "'‘~ ~5‘T:.. . -.iI.gIr\\ILFE.’~~:‘é‘-=:*.».-*4‘: . 1 I F‘ N....-r ‘'*“E ..~ ‘L n.:\!.i+~.N??llu "3|'~‘-.~.'. ~ I ‘.‘..I H H'""-‘=1 ‘ k ‘‘?:'H.\-|h|.~.;.~,1~...4 ... “F q.I . ‘ “"3 ~. h A ‘‘:“-7.“.-5%‘ ._..r 1-. H ..I..):\\:I.\I~.1:';.§ .. 1 .‘. .:4I_-g . M ~I.I..~L:."..!i,‘.\ ‘=%Vv-‘.:=-:1-.~'==H:.‘~‘.-.._.ls‘. ..u_|W!‘-#1:!‘In.I..‘;‘\..“~r.“|. ‘ Hi‘ I‘.H I.‘.- ."L.'"~'r?§_n_»‘Q"*3- D.In the event aclaima nt failstoapplyforaseniorexemptionasprovidedbyASbyjanuary 15th of the asses smen t yearforwhichtheexemptionissought,theboroughassemblyforgoodcauseshownmay waive the claima nt's failu re tomaketimelyapplicationfortheexemptionforthatyearandiftheassemblyfinds good cause for t fai lur e tomakeatimelyfilingtheboroughassessorshallaccepttheapplication,asiftimely filed,subject to pro visi ons containedinAS "Disabled veteran " sh all meanadisabledpersonseparatedfromthemilitaryserviceoftheUnitedStates under a conditio n th at isnotdishonorablewhoisaresidentofthestate,whosedisabilitywasincurredor aggravated in th e li n e ofdutyinthemilitaryserviceoftheUnitedStates,andwhosedisabilityhasbeenrated as 50 percent or bythebranchofserviceinwhichthatpersonservedorbytheUnitedStates Department of Affairs. "Resident”shall apersonwhohasafixedhabitationintheKodiakIslandBoroughforatleast185days per calendar ye ar, an d whenabsent,intendstoreturntotheboroughanddoesnotclaimresidencyoutside the borough or aresiden t exemptioninanotherstateorcountry,orotherboroughofAlaskaortake action or is abse nt un de r circumsta nces inconsistentwiththeintenttoremainandmakeahomeindefinitely in the borough. 2.If the in di vi du al hasnotappliedordoesnotapplyforthepermanentfunddividend,theindividualwould have been el ig ib le forthepermanentfunddividendforthatsameyearhadtheindividualapplied.Tomeet this requirem ent, theapplicantmustprovideadequatedocumentationtotheassessorthattheymeetthis qualification ontherequirementsofAS 2." Good c a u s e ” shallmeanextraordinarycircumstancesbeyondthecontroloftheapplicant,includingbut not limit ed toamedic al conditionordisability,impairedmentalcapacity,familyemergency,deathinthe family,or seriousconditionoreventthatsubstantiallyimpairedtheapplicant'sabilitytofileatimely C.Only exe mpti on maybegrantedforthesameproperty.Iftwoormorepersonsareeligibleforan exemptio n u n d er thissubsectioninregardtothesameproperty,thenthepartiesshalldecidebetweenoramong themselv es w ho istoreceivethebenefitoftheexemption. 1.A wa ive r mayonlybegrantedfortheyearinwhichanapplicationisfiled.Adelayinfilinganapplication shall be tolackgoodcauseforthedelayandmaybedeniedunlesstheassemblyfindsgoodcause for the d el a y asdefinedinsubsectionofthissection. "Primary andpermanentplaceofabode”shallmeanadwellingwhichisownedbyandinwhichthe person r e s i atleast185daysintheyearpriortotheexemptionyearand,whenabsent,thedwellingisnot leased o r r e toanother. 3. 35 . 03 0 Realandpersonalpropertyexemptedfromtaxation|KodiakIslandBoroughCodePage3of8 TheKodiakIslandBoroughCodeiscurrentthroughOrdinanceFY2022-O6,passedNovember4,2021.B.T o b e eligi ble foranyexemptionsetforthinAS also atleastoneofthetwofollowingrequirements:1.T h e ind ivi du al shallbeeligibleforapermanentfunddividendunderAS an ex e m pti on isrequested;or " W id o w orwidower ” shallmeanthesurvivingun-remarriedspouse. ,t h e in di vi du al applyingfortheexemptionmust fo r t h e yearforwhich 29 . 45 . 03 0 29 . 4S . O 30 29 . 45 . 03 0 43 . 23 . 43 . 23 .AGENDA ITEM #10.A.Ordinance No. FY2022-12 Amending Kodiak Island Borough Code Section 3.35...Page 42 of 370 .‘-'_.I. 3' __I_ .- H - II _. I _._.:.I'_II... I _I 1..l_E:EI--5|-lI_!':.:-u'-:.:..~|.1.-.ILr-:_'¢n-[|-_-r'__rI:.,+_r.|:Ina.1t-u.1..-,-_*q~.I-_'L_¢I:_.-.,_?.,_=.,III.II_._ I I '.-III In I I I I I I I I2 j1‘:1Iur— ""I"'|.'-u-all '-- '" H“-i‘-.-"-."'5 r --'-'-..-- E L .LI.III‘I .'_, I ' I u ' -I 1 I,IIIIIIIIIIIII:-I.IIIII_-I:.-.--|'I'g|.I.'|I:":'||.'r I-.p__-i-l.u_a-I.-.5‘-.1I:_-"I-‘Ia!-?l-|-:::|-_:_r[i:_ '''l‘"'-1qli'I|II-I;||-|.-.-5'|'I-..I.JI.Er.-|.|-'.'p-ru..I.:_.|gI.._'|:f' '1--.a."E;.'i: .'. \ H1 II--I-'.:'.u-'''--».- 1I ‘ M "'-"'l, I E"l'I-:-"'—!":_'.!_'I:!!'II-_—.Inu'II3|rI_-a-|,1|lu:'|- yum’--|':III-I” ‘?.--:--.--. I Fr!]='r‘;'-'I|.I.-_':L-1-I-.:_p-.u-._-'_.-._.:._!;I'4i-4:-I!'I'I.IIlIIIII|I.... _II ._.__,. "J""""“""“=""”1‘"*"E""“!'*""E-*F‘E:""":"§!*-fr ‘'"'Eu.‘5'' .I .''.I .-I:-:I-II.._I -I I __ I -IIIIIIIII :I-I1-I.'|.I:.,-~|II'II-Ilil‘-::§I.'I|':’_-i.IIIKII ' -'_'-__,.H=-;I-1-—ruL-t.,-rp,.1'mH.;.‘“' %.4»4:5‘.:..=-aw---~..~',,..-"3‘.r'-.u'3;'.T-55"-r::.H:"|.”'I'I ";: :.=31-.:H.-!+.=.'-mr.-*;**r-“r-—r---: 7 --.'-'.*:'+-i'1'.'-'*'=":“-J"-L!-I--=5i«'.- nun IEII “I E I II .-...-‘Ir!- !:I-"I.H: II-I - ' :_'_}__'f'_-_~';f""!i.‘,'=‘_"!-_:"5-.‘1*é'=3'-i!;~.‘:_!§u ' In I'-''”"F;' . - =.-I_*-1'-I‘-.‘5,-1:‘i_A .r_ I-4.‘" -IIII- I'-:_.I- —I-L :-1..r‘'.-.!'l_":'-‘.3.1"=.:-Jii._.I._._."-1;.:.'rZ -5 F.The private interests,thanfeesimplerecordownership,inrealpropertyofanindividualresidinginthe property if the property ha s b e e n develo ped, improved,oracquiredwithfederalfundsfortheprovisionoflow- income housing,and is ow ne d ormanag ed aslow-incomehousingbyeithertheAlaskaStateHousingAuthority pursuant to AS t h r o u g h oraregionalhousingauthorityformedunderAS.This section does not prohibit t h e bo ro ug h fromcontinuingtoreceivepaymentsinlieuoftaxesauthorizedunder federal law.This section ap pl ie s onlytothoselow-incomehousingunitsinexistencepriortojanuary1,1989, hence,any new projects,r e a l pr op ert y acquisitions,andadditionstotheexistingpropertiesafterjanuary1,1989, shall require an ordinance th e assem bly priortothegrantingofanexemptionunderthissection. c.Once an ex em pti on basedupontheuseofthepropertyhasbeenapproved,theassessorwillreview the subject prop erty' s exemp t statusannually,andmayrequiretheexemptpartytoprovideannual certification that texem pt useofthepropertyremainsconsistentwiththeusedescribedandapproved in the original a p p li c a ti o n . Senioranddisabledveteranexemptionsmustbereappliedforonorbefore January 15th an d r e v ie w e d bytheassessorannually. applicati on. " Go od cause"shallnotmeanlatefilingduetotheapplicant'sinadvertence,oversight,orlackof knowledg e re ga rd in g thefilingrequirementsordeadline,financialhardship,orfailuretopickuporreadmail or to ma ke ar ra ng e m en ts foranappropriateandresponsiblepersontopickuporreadmail. e.The forfilinganapplicationforexemption,filingareapplicationifnecessary,requestingan administr ative revie w fromtheassessor,andfilinganappealtocourtshallbestrictlyenforcedandshall not be w ai ve d excep t asprovidedbysubsectionofthissection. f.If the determine s thatapropertyisnoteligibleforanexemption,alltaxes,penalty,and interest foralltaxyears,beginningwiththefirstyearthatthepropertyshouldhavebeensubjectto taxation,beco me dueandowing. b.Writt en ap pli cat ion forrealpropertyexemptionsunderthissection,includinganyrequired supportin g do cu m en tat io n, mustbereceivedbytheassessornolaterthanJanuary15thofthetaxyearin which th e e x e isrequested. g.ex e m pt io n shallbeavailableunderthissectionif,bythedeterminationoftheassessor,the subje ct pr op er ty hasbeenconveyedtotheapplicantfortheprimarypurposeofobtainingtheexemption. E.forExemptions.Theboroughassessorshallgrantordenyallapplicationsforexemptions,except for co m m un it y purposeexemptions,whichmustbegrantedbytheboroughassembly. a.P r o p e rt i e s qualifyin g foranexemptionunderthissectionmustbeownedandinuseonjanuary1stof the a p pl ic a bl e taxyear.Thereshallbenoprorationoftaxesunderthissection. d.fortheexemptionshallberequireduponanychangeintheownershiporuseofthe proper ty, andshallmeetthedeadlinesprescribedunderthischapter. 3. 35. 03 0 Realandpersonalpropertyexemptedfromtaxation|KodiakIslandBoroughCodePage4of8 TheKodiakIslandBoroughCodeiscurrentthroughOrdinanceFY2022—O6,passedNovember4,2021. St ric t E nf or ce m en t ofDeadlinestoFileanExemptionApplicationandAnnualCertification. G.A d m in is tr at iv e ReviewforAllExemptionsExceptCommunityPurpose. 18 . 55 . 1 8. S 5. 18 55 . 10 AGENDA ITEM #10.A.Ordinance No. FY2022-12 Amending Kodiak Island Borough Code Section 3.35...Page 43 of 370 i H_.-|_I __I -;.l I “I.-_. ‘I 5‘:.3 I__—I I-:'_F.!:.“‘|IIIIf-I-III-:|¥|_.-_r:.-.."-r.IJ_1‘-.-I.';I 1".‘I."'.I'I...‘.'-'-—'—'.-r.j.--.--‘.'r''"'.'-'-".IF:;'.-*''q.-''''''.l'.'—' »--I'-‘I--_--:7 .-'_-'.';*-'.'-':-''-'_.--'.'.---,--+1;-_'.-'..--rL"I|.:!I'iiQI"_I:I$;"r-I-1|-!'I'.:-J1H|I'|-I;-fL'i'.:;i'"-4..-..|-I..'|-'.i.i'...'..='.“:|'-|..!..-?r:II|.'-r'.'r.‘|'-..-u|.'!u,.I-.i.g'I- f._11'|.:.lF|'|:_'E'_ _rt‘ .-|.I n.‘.;1 "III.i ' '|_-.-'-__)l.I-:L I_-_:"-"_"I-._'' ;...¢u:...“”“"I.L?-''*'--.F -* ‘ :-1| r:--.. H"'§,l'__1_5:'_|'g..e-.-.I‘:-3''._-I.Fl".-ir:-:uI .;:.:.-«*.I-:l:'-'|.'3-."r'2'h-:-I ’._I-tn.‘-.'—.'...'—-':-=-1:‘.-‘A - 1-. ‘I ‘I.- +-1""-P:-f:'-'-I-:'rI'=:91;,_'_..12"" ‘:|.;_.|-'I:._'$'‘.I‘JI... I .i:".. '"“'!"":':'!:".5..'.'-'.‘-":""' r._, .‘a.-."'”;|I|-:. "I-II-:1 _.=."..:i_ 2.Any entity requestin g acom mun ity purposepropertytaxexemptionpursuanttothischaptermust include with its initial a p p li c a ti o n certifiedcopiesofitsmostrecentReturnofOrganizationExemptfrom Income Tax Return ( For m 99 0) andFederalUnrelatedBusinessIncomeTaxReturn(Form990T,oranyother equivalent forms that beadopte d bythefederalgovernment).Ifataxexemptionisgrantedtothe applicant organization,m us t thereaft er submittotheborough,within30daysoftherequiredfilingdate with the Internal Reven ue Ser vic e, exactcopiesofitsReturnofOrganizationExemptfromIncomeTaxReturn (Form 990)and Federal BusinessIncomeTaxReturn(Form990T). I.The ofanorganizationnotorganizedforbusinessorprofit-makingpurposes,whichisused exclusive ly fo r com munit y purposeactivities,maybeexemptedfromtaxationbytheboroughassemblyunderthis section a s a ll o underAS.Inordertoqualifyforacommunitypurposeexemption: 1.Havi ng ex ha us te d theadministrativereview,onlytheownerofrecordmayappealadecisionbythe assessor de ny anexemptionunderthissection,andmustbemadetotheSuperiorCourt,ThirdJudicial District,ofAlaska,inaccordancewithAlaskaRuleofAppellateProcedure602andAS 1.If the afterreviewoftheapplicationforexemption,determinesthatthepropertydoesnot qualify fo r t h e exem ption , theassessorwillnotifytheapplicantinwritingdenyingtheexemptionand providing reas ons fortheassessor’sdecision. 1.The mustbededicatedforusebythegeneralpublic,mustprovideabenefittothecommunity as a whol e, an d anyincomederivedfromrentalofthepropertymustnotexceedtheactualcosttotheowner of the us e b y therenter. b.T h e ow ner ofrecordmaypresentadditionaldocumentationandotherevidencesupportingtheir claim ex e m pti on atthereviewmeetingforconsiderationbytheassessor. d.ass ess or’ s finaldeterminationafterareviewmeetingisafinaladministrativedecisiononthe exem ption andcanbeappealedasprovidedinsubsectionofthissection. 2.T h e ow ne r ofrecordmayrequestaformalreviewmeetingwiththeassessorwithin30daysofthedateof the as se ss or ’s letterdenyingtheexemption. 3. 35. 03 0 Realandpersonalpropertyexemptedfromtaxation|KodiakIslandBoroughCodePage5of8 2.a p p e al oftheassessor'sdenialofanapplicationforexemptionunderthiscodemustbefiledwithin30 days th e assess or's denial. TheKodiakIslandBoroughCodeiscurrentthroughOrdinanceFY2022-O6,passedNovember4,2021. 3.pu rp os es ofcomputingtime,thedatethattheassessor’swrittendenialwasmailedshallbedeemed the d a t e ofthedenial. T he as se ss or , within30daysofthemeeting,willissuealetterwiththeirfinaldetermination. H.j u d ic ia l ReviewoftheAssessor'sDenialofanExemptionunderAS29.45.030. C o m m u ni ty purposeexemptionsarereviewedinaccordancewithsubsection T he as se ss or willnotifytheownerofrecordwiththedateofthemeeting. % 3_ 5? §) (_ “L > 29 . 45 . 20 0 o f tsecti on. (?AGENDA ITEM #10.A.Ordinance No. FY2022-12 Amending Kodiak Island Borough Code Section 3.35...Page 44 of 370 3.The boroug h a s s e maybyordinancegranttaxexemptionsforcommunitypurposepropertyifthe application meet s st at e lawrequirement s (AS)andtheassemblydeterminesthatthereisa direct and subst antial benefi t totheboroughfromtheapplicant'spropertyuse.Theassembly,indetermining whether to grant aexe mpt ion andtheamountofexemptiontobegranted,mayconsidervariousfactors including,but no t lito,whether: 4.The assesso r s h al l actastheadministratorforcommunitypurposeexemptionapplicationsgatheringthe necessary infor matio n andmakingrecommendationstotheassembly.Also,theassessormayperiodically require such inf or m ati on asisreasonablynecessarytodeterminethecharacteroftheorganizationandthe nature of uses forthecontinuationoftheexemptionprovidedinthissection.Thisincludes,butisnot limited to: d.Ther e i s noeviden ce ofadominantfinancialmotivesuchasexcessivecharges,excessiveemployee compens ation, orincomethatexceedsoperatingexpensesandanyrentalincomedoesnotexceedthe actual co st totheowneroftheusebytherenter; g.T h e fe es andchargesfortheuseofsuchpropertyandfacilitiesthereondonoteffectivelydenytoa signif icant porti on oftheboroughtheprivilegesandbenefitsprovidedbysuchproperty; f.T h e pr op ert y isusedfortheactualoperationofthecommunityactivityanddoesnotexceedan amoun t ofprope rty reasonablynecessaryfortheaccomplishmentofthecommunityactivity; e.isnoevidencethatthepropertyisbeingusedtofinanciallybenefitanyofficer,trustee,director, share holde r, member , orcontributoroftheapplicant; 3. 35 . 03 0 Realandpersonalpropertyexemptedfromtaxation|KodiakIslandBoroughCodePage6of8 b.T h e ap pli ca nt organizationisqualifiedasanexemptorganizationunderSection Inter nal Re ve nu e Code,asamendedfromtimetotime; TheKodiakIslandBoroughCodeiscurrentthroughOrdinanceFY2022-06,passedNovember4,2021. b.tosupporttheorganization'snot-for-profitstatus(i.e.,IRSSection deter minat ion letter,orequivalent). I.de gre e towhichtheorganization'suseofthepropertyimpactsthequalityoflifeofborough resid ents. k.T h e existe nce ofsubstantiallysimilarcommunitybenefitsthroughotherpublicorprivateentities;and N o p a r t ofthenetearningsoftheapplicantinurestothebenefitofanyprivateentityorindividual;W he th er andtowhatextentataxexemptionisnecessarytoprovidethecommunitybenefit;T he pr o pe rt y isopentopublicuseregardlessofsex,race,creed,color,ornationalorigin; h.T h e applic ant organizationisgovernedbyavolunteerboardofdirectors; T he or g a ni z at io n' s propertyisusedexclusivelyforcommunitypurposes;T he a p pl ic a nt organization' s certificateofincorporation. 29 . 45 . 05 0 (b ) ( c ) ( 50 1 (c )o ft AGENDA ITEM #10.A.Ordinance No. FY2022-12 Amending Kodiak Island Borough Code Section 3.35...Page 45 of 370 d.For t h e pu rp os es ofcomputingtimeforthepurposesofanappealunderthissection,thedatethat the assess or’s writt en noticeofdenialwasmailedshallbedeemedthedateofthedenial.Thedateof receipt b y tboro ugh clerkshallbethedateoftherequestforadministrativereview. b.A de nia l bytheassessorunderthissectionmaybeappealedtotheboroughassemblybymeansofa written r e q u e s t fromtheownerofrecord,whichmustbereceivedbytheboroughclerknolaterthan30 days afte r t h e dateofdenial. iii.Fina ncial state ment s forthepasttaxyearincludingacopyofForm990asfiledwiththeIRS, income a n d ex pe nse reports,anddescriptionofanydebtserviceordepreciationincludedinthe financial fortheproperty. 6.The assessormayrequestadditionalinformationpriortothedetermination,asreasonably necessar y, todeter mine theexemptstatusofapropertyinaccordancewithboroughcodeandregulations and Alas ka la w. 5.Und er th is subsec tion, thereshallbenoprorationoftaxesforexemptions.Propertiesqualifyingforan exemptio n sh al l beinuseundertheexemptpurposeasofjanuary1stoftheyearforwhichtheexemptionis granted. 8.P u r s u a n t totheprocessinsubsectionofthissection,thepropertyownedbythefollowing organ izatio ns shallbeexemptfromrealandpersonalpropertytaxationunderthissection:a.I f tasses sor deniesanapplicationforthecontinuanceofanexemptionunderthissection,the asses sor shal l statethereasonforthedenialinawrittennoticetotheownerofrecord. 3. 35 . 03 0 Realandpersonalpropertyexemptedfromtaxation|KodiakIslandBoroughCodePage7of8 TheKodiakIslandBoroughCodeiscurrentthroughOrdinanceFY2022-O6,passedNovember4,2021. d.ofanytypethatdescribeormemorializeuseofthepropertybyapersonorentityother than ap pli can t organization. c.anownerofrecordmayrequesttheadministrativereviewoftheassessor'sdecisiontodenythe contin uance ofanexemption. e.t h is isanoptionalexemptionpursuanttoAS deter minat ion ofgrantingacontinuanceoftheexemption. 7.A d ReviewofDenialforContinuationofaCommunityPurposeExemptionbytheAssessor. e.Ades crip tion ofanyremunerationreceivedbytheapplicantorganizationincluding: A oftheuseofthepropertyandconsistencywiththerequestedexemption. A ny pr op er ty, orportionofproperty,fromwhichrentalsorincomearederived.A ct u al oper ating expenses,excludingonlydebtserviceordepreciation. ,t h e bo ro ug h assemblyshallhavethefinal T h e K od ia k IslandSportsman'sAssociation; b.T he KodiakSeniorCenter; 29 . 45 .AGENDA ITEM #10.A.Ordinance No. FY2022-12 Amending Kodiak Island Borough Code Section 3.35...Page 46 of 370 e.The IslandConventionandVisitorsBureau.[Ord.FY2022-06§2,2021;0rd.FY2020-O4§2, 2019;0rd . F Y 2 0 1 4 - 1 0 §4,2014;0rd.77-38-O§1,1977;0rd.72-27-O§1,1973;0rd.69-36-O,1969;prior code Ch.s u b c h . 1§3.Formerly§3.20.030]. Discl aimer : Theboroughclerk'sofficehastheofficialversionoftheKodiakIslandBoroughCode.Usersshould contac t th e borou gh clerk'sofficeforordinancespassedsubsequenttotheordinancecitedabove. Note:sitedoesnotsupportInternetExplorer.Toviewthissite,CodePublishingCompanyrecommendsusing one o f t h e follo wing browsers:GoogleChrome,Firefox,orSafari. T he K od ia k IslandBoroughCodeiscurrentthroughOrdinanceFY2022-06,passedNovember4,2021.3. 35. 03 0 Realandpersonalpropertyexemptedfromtaxation|KodiakIslandBoroughCodePage8of8TheKodiakIslandBoroughCodeiscurrentthroughOrdinanceFY2022-06,passedNovember4,2021. T h e K od ia k RodeoandStateFairAssociation; d.T h e Kodia k ChamberofCommerce;and B or o u g h Teleph one: (907)486-9300 AGENDA ITEM #10.A.Ordinance No. FY2022-12 Amending Kodiak Island Borough Code Section 3.35...Page 47 of 370 Sec.29.45.030.Required exemptions. (a)The following property is exe mpt fromgeneraltaxation: (1)municipal property,includi ng propertyheldbyapublic corporation of a municipality,state prop erty, propertyofthe University of Alaska,or land that isinthetrustestablishedbythe Alaska Mental Health Enabling Act 1956 , P.L.84-830,70Stat.709, except that (A)a private leasehold,c o nt ra ct , orotherinterestinthe property is taxable to the extent theinterest;however,an interest created by an operating a g r e e ornonexclusiveuse agreement between the Alaska Industr ial Develop ment andExport Authority and a user of a shipyard o r anintegratedtransportationand port facility,if the shipyard or transportationandport facility is owned by the authority a n d initiallyplacedinservice before January 1,1999,is taxable o n l y totheextentof,andforthe value associated with,those specific impro vemen ts usedforlodging purposes; (B)notwi thstan ding anyotherprovisionoflaw,property acquired by an agen cy, corporat ion, orotherentityofthestate through foreclosure ordeedinlieuofforeclosureandretainedasan investment of a sta te entityistaxable;thissubparagraphdoesnot apply to federal l a n d grante d totheUniversityofAlaskaunder§§ 14 40 380 or l4.40. 390, ortootherlandgrantedtotheuniversityby the state to replace landthathadbeengrantedunderASl4.40.38Oor l4.40.390,or to l a convey ed bythestatetotheuniversityunder§§ 14 40 365; (anownershipinterestofamunicipalityinrealproperty located o ut si de themunicipalityacquiredafterDecember31,1990,is taxable by an ot he r municipality;however,aboroughmaynottaxan interest i realpropertylocatedintheboroughandownedbyacity in that bo ro ug h; (4)ofanonbusinessorganizationcomposedentirelyof persons wi th 90daysormoreofactiveserviceinthearmedforcesof the United St at es whoseconditionsofserviceandseparationwere other than di sh o n or a bl e, orthepropertyofanauxiliaryofthat organization; (3)propertyusedexclusivelyfornonprofitreligious, chari table, cemetery,hospital,oreducationalpurposes; (2)househol d furnitureandpersonaleffectsofmembersofa house hold;AGENDA ITEM #10.A.Ordinance No. FY2022-12 Amending Kodiak Island Borough Code Section 3.35...Page 48 of 370 (8)property apoliticalsubdivision,agency,corporation,or other entity of th e Un ite d Statestotheextentrequiredbyfederal law;except that ap ri v at e leasehold,contract,orotherinterestin the property is ta xa bl e totheextentofthatinterestunlessthe property is located onamilitarybaseorinstallationandthe property interest creat ed under10U.S.C.2871—2885(Military Housing Privatization Initiativ e), iftheleaseholderentersintoan agreement to make pay me nt inlieuoftaxestothepolitical subdivision that taxin g authority; (b)In (a)of t section , “propryusedexclusivelyorreigious p oses”includes thefollowingpropertyownedbyareligious organization: (1)the resi den ce ofanducatoinapivaerelgioso roc ial sc orabishop,pastor,priest,rabbi,minister religious order arecogniz ed religiousorganization;forp of this paragraph,“ minis ter” meansanindividualwhois (A)ed,commissione d, orlicensedasamiis (10)notexemptunder(3)ofthissubsectionthat (isownedbyaprivate,nonprofitcollegeoruniversity that is ac cr ed ite d byaregionalornationalaccreditingagency recognized b y theCouncilforHigherEducationAccreditationorthe United Stat es Depart ment ofEducation,orboth;and (9)na tur al resourcesinplaceincludingcoal,orebodies, mineral andotherprovenandunprovendepositsofValuable materials laiddownbynaturalprocesses,unharvestedaquaticplants and anim als, andtimber; (B)wassubjecttoaprivateleasehold,contract,orother private i n t e r e s t onJanuary1,2010,exceptthataholderofaprivate leasehold,contra ct, orotherinterestinthepropertyshallbetaxed to the ofthatinterest. (B)acquiredfromamunicipalityinexchangeforlandthat is exe mpt fromtaxationunder(A)ofthisparagraph,andisnot develope d ormadesubjecttoalease; realpropertyoraninterestinrealpropertythatis (A)exemptfromtaxationunder43U.S.C.1620(d),asamended or und er 43U.S.C.l636(d),asamended;or (6)therealpropertyofcertainresidentsofthestatetothe exten t andsubjecttotheconditionsprovidedin(e)ofthissection; (5 ) mo ney ondeposit; I urpo ses AGENDA ITEM #10.A.Ordinance No. FY2022-12 Amending Kodiak Island Borough Code Section 3.35...Page 49 of 370 (e)The real property owned and occupied as the pr i m ar y residenceand permanent place of abode by a resident who is (1)year s ofageor older;(2)a disabled veteran;or (3)at least 60 ofageandthe widow or widower of a person who qualified for an under(1) or (2)of this subsection is exempt from taxation thefirst $150,000 of the assessed value of the real property.Amunici palitymaybyordinanceapprovedbythevotersgranttheunderthis subsection to the widow or widower under 60 years ageofaperson who qualified for an exemption under (2)of this s u b s e ct io n ortoa resident who is the widow or widower of a person w h o diesfroma service—connected cause sustained while serving as ame mbe r ofthe United States armed forces or as a member of the N at io n al Guard.A municipality may,in case of hardship,provide for ebeyond the first $150,000 of assessed value in accordance regulatio ns of the department.Only one exemption may be granted thesame property,and,if two or more persons are eligible f o r anexemption for the same property,the parties shall decide bet we en oramong themselves who is to receive the benefit of the exe mp tio n. Real property may not be exempted under this subsection i f theassessor determines,after notice and hearing to the parties,thattheproperty was conveyed to the applicant primarily for the pur pos e ofobtaining the exemption.The determination of the assessor m a y beappealedunder AS 44 560 —44.62.570.A municipality shall deter mine the eligibility requirements and application procedure f o r anoptional exemption provided under this subsection.In this “widow (c)Propert y descri bed in(a)(3)or(4)ofthissectionfromwhich income is isexemptonlyifthatincomeissolelyfromuseof the property bynonprofitreligious,charitable,hospital,or educational gro ups. Ifusedbynonprofiteducationalgroups,the property exe mpt onlyifusedexclusivelyforclassroomspace. (d)exempt ing certainpropertyfromexecutionunder(Code of Civ il Proce dure) donotexemptthepropertyfromtaxesleviedand collectedbymunicipalit ies. (3)lotsrequiredbylocalordinanceforparkingnearastructure defin ed in(2)ofthissubsection. ture,i t furnitu re, anditsfixturesusedsoeyfr eiiosadminisratieoices, 'al; astruc p blic w or sh i ,haiaoss,r e igl ous educaio,oranonrofitho (B)epoyebyhereliglusorgniz inis ryotareligiousorgizatlo, acco digtosadardso mini s e;and th e reigious0gaizaionforis oc ar y ot a A S 09 io AGENDA ITEM #10.A.Ordinance No. FY2022-12 Amending Kodiak Island Borough Code Section 3.35...Page 50 of 370 (f)To be eligible for an exemption under (e)of thissect ion fora year,a municipality may by ordinance require that a n in di vi du al also meet requirements under one of the following paragraphs:(1)the individual shall be eligible for a permanent fund div ide nd under 23 for that same year or for the immediately year;or (2)if the individual has not applied or does not app ly foroneor both of the permanent fund dividends,the individual havebeen eligible for one of the permanent fund dividends ident ified in(1)of this subsection had the individual applied.An exempti on maynotbe granted under (e)of this section except upon written ap pli ca tio n for the exemption.Each municipality shall,by ordinance,est ab lis h procedures and deadlines for filing the application.governi ngbodyofthemunicipalityforgoodcauseshownmaywai ve theclaimant's failure to make timely application for exemption and a u t h o r i z e the assessor to accept the application as if timely filed.Ifan application is filed within the required time and is a p p r o v e d bythe assessor,the assessor shall allow an exemption in a c c o r d a n c e withthe provisions of (e)of this section.If the application forexemptio n is approved after taxes have been paid,the amount of ta x thatthe claimant has already paid for the property exempted berefunded to the claimant.The assessor shall require proof in t h e formthe assessor considers necessary of the right to and amou nt ofan exemption claimed under (e)of this section,and shall requ ire a disabled veteran claiming an exemption under (e)of sectionto provide evidence of the disability rating.The assessor mayrequire proof under this subsection at any time. (g)The state shal l reim burse aboroughorcity,asappropriate,for the real property trevenu es losttoitbytheoperationof(e)of this section.Howe ver, reimbur sement maybemadetoamunicipalityfor revenue lost to it on ly totheextentthatthelossexceedsan exemption that was gr an te d bythemunicipality,orthatonproper application by an iwouldhavebeengrantedunder 29 5 (a).If arenotsufficienttofully_Eund reimbursements und er thissubsection,theamountavailableshallbe distributed pro ra ta amon g eligiblemunicipalities. (h)Except asprovide d in(g)ofthissection,nothingin(e)—(j) of this se cti on affectssimilarexemptionsfrompropertytaxesgranted by a munici pality onSeptember10,1972,orpreventsamunicipality from grantin g simila r exemptionsbyordinanceasprovidedin?g 29.45.050. or meansapersonwhosespousehasdiedandwhohasnot rema rried .In —(i)ofthissection, (1)veteran”meansadisabledperson .005 AGENDA ITEM #10.A.Ordinance No. FY2022-12 Amending Kodiak Island Borough Code Section 3.35...Page 51 of 370 1 _‘ V.II.I I I I_._I II.-it I -.- I.I... --'|.5|.1§|.ua-_..-_. 4 \' I I‘ ‘-I.in . '‘;''.-F_'I;__-I (1)[Repealed,§8,ch.9,SLA 20 17. ](m)For the purpose of determining pro per ty exemptunder(a)(7)(A)of this section,the following definitio ns applytotermsusedin43 U.S.C.l620(d)unless superseded b y ap pli ca ble federallaw,andfor the purpose of determining property exe mp t under(a)(7)(B)ofthis section,the following definitions a p p l y : (1)“developed”means a purpose ful modificat ion oftheproperty from its original state that effectua tes aconditionofgainfuland productive present use without furt her substant ial modification; surveying,construction of roads,utilitiesorothersimilar actions normally considered to be partsofthedevelopment process,but that do not create theco ndi tio n describedinthis paragraph,do not constitute a deve lope d statewithinthemeaningof this paragraph;developed property,inordertoremovetheexemption, must be developed for purposes othe r thanexploration,andbelimited to the smallest practicable tract thepropertyactuallyusedinthe developed state; (A)s e fromthemilitaryserviceoftheUnitedStates under a conditio n thatisnotdishonorablewhoisaresidentofthe state,whose wasincurredoraggravatedinthelineofduty in the military serv ice oftheUnitedStates,andwhosedisabilityhas been rated as perce nt ormorebythebranchofserviceinwhich that person se rv e d orbytheUnitedStatesDepartmentofVeterans Affairs;or (j)One mot or Vehic le perhouseholdownedbyaresident65yearsof age or older onJanuary1oftheassessmentyearisexempteitherfrom taxation on i t s assesse d valueorfromtheregistrationtaxunder 0 1.exe mpt ion maybegrantedunderthissubsectiononlyupon written appli catio n onaformprescribedbytheDepartmentof Administration. (B)whoservedintheAlaskaTerritorialGuard,whoisa resident ofthestate,whosedisabilitywasincurredoraggravatedin the line ofdutywhileservingintheAlaskaTerritorialGuard,and whose di sa bi lit y hasbeenratedas50percentormore; “ explo ration ” meanstheexaminationandinvestigationof undevel oped landtodeterminetheexistenceofsubsurfacenonrenewable resources ; “realproperty”includesbutisnotlimitedtomobilehomes, whether clas sifi ed asrealorpersonalpropertyformunicipaltax purposes . (k)T he departme nt shalladoptregulationstoimplementthe provi sions of(g)and(j)ofthissection. 28 .1 AGENDA ITEM #10.A.Ordinance No. FY2022-12 Amending Kodiak Island Borough Code Section 3.35...Page 52 of 370 -.-.''-".1"-'.-.--'5:4.‘_-..I'r:+-‘.4-.-'-..'n-.-yr ‘.1.-.-' .:=*~.1,,"I'.=.-‘I’.-.=**'1:e-‘+-_-'.~+-Hr"E1+r3--5-.*-.'='-'-'-".--:- lul- I -I +-“ I?I'I .:-Ian.-5......:':-.':...-I‘-.-PI-lI1|EI:I:“-‘ii.’ W :II .-.'l '-...-._-.1-n--u-u:'I-1_'aI.rr.:n-1-|":r'..—'-Ella.-I'|L.'|"l:II-'|'__'!'II:a"-l!'!':{.':I'I.'r'r'l'I"H4"'$.|':i_'-'.._x. I r . 'J':.-|-I'- '-1 1"‘'-d .';'I'.‘ .-.--1"-.5_1-.‘*'-_-.-.-I..—-;_I.I‘.._.!;..___-I.'h£..'.-'-:.i_1 '-_..-I'-:| (3)“ leas e” meansagrantofprimarypossessionenteredintofor gainful purpo ses withadeterminablefeeremaininginthehandsofthe grantor;wit h resp ect toaleasethatconveysrightsofexploration and developmen t, thisexemptionshallcontinuewithrespecttothat portion of t lease d tractthatisusedsolelyforthepurposeof exploration. (n)If oraninterestinpropertythatisdeterminednotto be exempt und er (a)(7)ofthissectionrevertstoanundeveloped state,iftheleaseisterminated,theexemptionshallbegranted, subject ttheprovisionsof(a)(7)and(m)ofthissection.AGENDA ITEM #10.A.Ordinance No. FY2022-12 Amending Kodiak Island Borough Code Section 3.35...Page 53 of 370 (el-ass1=oom—spaee+nl-ya thl lnrom h1h1n mldrl d1 xm nllhtm 1 ll rmthuohrrbnrlrhluhrltblhllrutlnlru I Introduced by:Assessing Department thru the Mayor Drafted by:Assessing Director Introduced on:XX/XX/XXXX Public Hearing Date: Adopted on: KODIAK ISLAND BOROUGH ORDINANCE NO.FY2022-12 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE SECTION 3.35.030(A)(3)REGARDING REQUIRED TAX PROPERTY EXEMPTIONS WHEREAS,The current language in Kodiak Island Borough Code 3.35.030(A)(3)includes provisions which do not reflect the most recent amendments to the required exemptions in AS 29.45.030,specifically it does not include language revisions in AS 29.45.030(b)(defining property used exclusively for religious purposes)and AS 29.45.030(c)(addressing othen/vise exempt property from which income is derived);and WHEREAS,The Assembly desires to bring the incorporate the amendments to AS 29.45.030(b)and AS 29.45.030(c)into KIBC 3.35.030(A)(3). NOW,THEREFORE,BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1:This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2:That section 3.35.030(A)(3)of the Kodiak Island Borough Code of Ordinances is amended to read as follows: 3.35.030 Real and personal property exempted from taxation. imposed under the foregoing sections:3.All property used exclusively for nonpro?t religious,charitable,cemetery,hospital,oreducationalpurposesisexemptfromtaxationforthecalendaryearinwhichapplicationistimely?led if the assessor detennines that the application demonstrates thepropertyquali?es for exemption as provided by AS 29.49.03 0.Property used forreligiouspurposesKodiakIslandBorough,Alaska Ordinance No.FY2022-12Deletion—Red,Strikeout Page 1 of 3Insertion—Bold2”“Insertion -Green Version 1 ecs°vey eastedesc°'S.5.03O.oeesc°ed' 'ssect'o fw‘c'coe°se've‘seeQtoy'fta'come'ssoeyfoe se ft e g o g e g y ynopofte'g'os,ca‘ae,osQ'ta,oedca°oagogs.f AGENDA ITEM #10.A.Ordinance No. FY2022-12 Amending Kodiak Island Borough Code Section 3.35...Page 54 of 370 Unimproved or vacant real property of any such organization which is not currently used for religious,hospital,educational,cemetery,or charitable purposes shall be deemed to be property held or used for pro?t,unless by deed restriction or otherwise the real property has been effectually dedicated to future use for religious,educational,or charitable purposes only and cannot be sold or used for any other purposes.Any vacant land which initially quali?es for an exemption under this section,and for which an application is ?led,but is not placed in use within two years of January 1st of the ?rst tax year,shall be subject to taxation in each tax year, retroactive to the ?rst tax year for which the exemption was granted. a.To qualify for an exemption under subsection (A)(3)of this section,the applicant organization shall provide the following information to the assessor or designee to support a determination of exempt status: i.The articles of incorporation. ii.Documentation to support the organization’s not-for-pro?t status (e.g.,IRS Section 501(c)(3)determination letter,or equivalent). iii.A description of the property’s use,demonstrating its consistency with the requested exemption. iv.Contracts of any type that describe or memorialize the use of the property by a person or entity other than the applicant organization. v.A description of any remuneration received by the applicant organization including: (A)Any property,or portion of property,from which rentals or income are derived. (C)Where property is leased by the organization to other entities,?nancial statements for thepasttaxyear,including income and expense reports,and a description of any debt service ordepreciationreportedinthe?nancial statements for the property.vi.For property used for an educational purpose,a description of course curriculum andclassroomspace.vii.For property used as a religious residence,a description of the resident’s ordination,commission,or license (according to the standards of the religious organization),and proof oftheresident’s employment by the religious organization as its spiritual leader.Kodiak Island Borough,Alaska Ordinance No.FY2022-12Deletion—Red,Strikeout Page 2 of 3Insertion—Bold2”“Insertion -Green Version 1 sed 0oftedcat°oa c ass 0 0 space. ‘f s e d e cs'vefo s e AGENDA ITEM #10.A.Ordinance No. FY2022-12 Amending Kodiak Island Borough Code Section 3.35...Page 55 of 370 b.The borough assessor may request additional information prior to making a determination,as reasonably necessary,to determine the exempt status of a property in accordance with borough code and regulations and state law. 4.Any vacant land which initially quali?es for an exemption under this section,but which is not placed in use within two years from January 1st of the ?rst tax year,for which an application is ?led,shall be subject to taxation in each tax year,retroactive to the ?rst tax year for which the exemption was granted. a.No single organization shall receive more than two exempt Vacant parcels,and the exemption for any one parcel shall not exceed the average assessed value of a single,similarly zoned property,as determined by the assessor on an annual basis. Effective Date:This ordinance takes effect at midnight on the day of adoption of this ordinance. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS _DAY OF ,2022. KODIAK ISLAND BOROUGH ATTEST: William Roberts,Mayor Alise L Rice,Borough Clerk VOTES: Ayes: Noes: Kodiak Island Borough,Alaska Ordinance No.FY2022-12Deletion—Red,Strikeout Page 3 of 3Insertion—Bold2”“Insertion -Green Version 1 100101102103 AGENDA ITEM #10.A.Ordinance No. FY2022-12 Amending Kodiak Island Borough Code Section 3.35...Page 56 of 370 KODIAK ISLAND BOROUGH STAFF REPORT MARCH 17, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance FY2022-13 Amending Kodiak Island Borough Code Section 18.50.010 Regarding Fees For Permits. ORIGINATOR: Community Development Director, CDD RECOMMENDATION: Move to adopt Ordinance No. FY2022-13. Staff Report- Community Development Interim Director, Seema Garoutte Assembly Discussion Roll Call Vote DISCUSSION: In 2016 the Assembly passed, via Resolution, an update to the fee schedule for leases to $1200.00. Unfortunately, Ordinance 18.050.101 was not updated, so the Resolution is not really in effect. Amending 18.50.010 through Ordinance FY2022-12 will insure that lease fees will not be in jeopardy when they are updated by Resolution going forward and lessens the chance this Ordinance of being overlooked by staff and the need for duplicated actions by the assembly. The documents for the 2016 update are included in your package. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #10.B. Ordinance FY2022-13 Amending Kodiak Island Borough Code Section 18.50.01...Page 57 of 370 Kodiak Island Borough, Alaska Ordinance No. FY2022-13 Deletion – Red, Strikeout Page 1 of 3 Insertion – Bold 2nd Insertion - Green Version 1 Introduced by: Community Development Department thru the Mayor 1 Drafted by: Community Development Director 2 Introduced on: XX/XX/XXXX 3 Public Hearing Date: 4 Adopted on: 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2022-13 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 9 KODIAK ISLAND BOROUGH CODE SECTION 18.50.010 REGARDING FEES FOR PERMITS 10 11 WHEREAS, Kodiak Island Borough Code (KIBC) section 18.50.010 prescribes the fee for permits 12 issued under KIBC 18.50.010(A)(1)_through (8); and 13 14 WHEREAS, The Kodiak Island Borough routinely sets and adjusts fees by Resolution, the most 15 recent of which, Resolution FY2017-02, sought to amend the fees for permits issued under KIBC 16 18.50.010(A)(1)_through (8); and 17 18 WHEREAS, The Assembly desires to amend KIBC 18.50.010 to set the fees for issued under 19 KIBC 18.50.010(A)(1)_through (8); at the levels which were approved by Resolution FY 2017-02 20 and to authorize the future adjustment of fees for permits issued under KIBC 18.50.010(A)(1) 21 through (8) to be made by Resolution similar other fees which are set by Resolution. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 24 BOROUGH that: 25 26 Section 1: Classification. Section 2 of this ordinance is of a general and permanent nature 27 and shall become a part of the Code of Ordinances of the Kodiak Island Borough. 28 The remainder shall not be codified. 29 30 Section 2: Kodiak Island Borough Code section 18.50.010, Generally, is amended to read as 31 follows: 32 18.50.010 Generally. 33 A. A negotiated permit, easement, or right-of-way is required for the following uses and/or 34 occupancy of borough real property: 35 1. Roads; 36 2. Trails; 37 AGENDA ITEM #10.B. Ordinance FY2022-13 Amending Kodiak Island Borough Code Section 18.50.01...Page 58 of 370 Kodiak Island Borough, Alaska Ordinance No. FY2022-13 Deletion – Red, Strikeout Page 2 of 3 Insertion – Bold 2nd Insertion - Green Version 1 3. Ditches; 38 4. Communication and electrical lines; 39 5. Landfill and disposal sites; 40 6. Pipelines of all types (sewer, water, petroleum, etc.); 41 7. Temporary use (not exceeding 45 days); and 42 8. Exploration work involving vehicle use of any type on the borough land. 43 B. Uses listed in subsections (A)(5), (7) and (8) of this section, not increasing the value or utility 44 of borough land, shall be charged no less than $250 per site or application area. The 45 Assembly may periodically adjust this fee by resolution, which shall be adopted after a 46 public hearing under the public hearing section of the agenda. 47 C. Uses listed in subsections (A)(1) through (4) and (A)(6) of this section, not directly increasing 48 the value or utility of borough land, shall be charged a fixed fee of $250.00 not less than the 49 greater of $1200.00 per year or the fair rental value of the land. taken whichever is greater. 50 The Assembly may periodically adjust the $1,200.00 fee benchmark set in this section by 51 resolution, which shall be adopted after a public hearing under the public hearing 52 section of the agenda. The fee under this section is in addition to any tax due on the 53 taxable personal property on the borough property and the taxable possessory interest 54 in the real property. 55 56 57 Section 3. Effective Date: This ordinance takes effect at midnight on the day of adoption of this 58 ordinance. 59 60 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 61 THIS DAY OF , 2022. 62 63 KODIAK ISLAND BOROUGH 64 65 ATTEST: 66 ___________________________ 67 William Roberts, Mayor ___________________________ 68 , Borough Clerk 69 AGENDA ITEM #10.B. Ordinance FY2022-13 Amending Kodiak Island Borough Code Section 18.50.01...Page 59 of 370 Kodiak Island Borough, Alaska Ordinance No. FY2022-13 Deletion – Red, Strikeout Page 3 of 3 Insertion – Bold 2nd Insertion - Green Version 1 70 VOTES: 71 Ayes: 72 Noes: 73 AGENDA ITEM #10.B. Ordinance FY2022-13 Amending Kodiak Island Borough Code Section 18.50.01...Page 60 of 370 Kodiak Island Borough, Alaska Ordinance No. FY2022-13 Deletion – Red, Strikeout Page 1 of 3 Insertion – Bold 2nd Insertion - Green Version 1 Introduced by: Community Development Department thru the Mayor 1 Drafted by: Community Development Director 2 Introduced on: XX/XX/XXXX 3 Public Hearing Date: 4 Adopted on: 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2022-13 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 9 KODIAK ISLAND BOROUGH CODE SECTION 18.50.010 REGARDING FEES FOR PERMITS 10 11 WHEREAS, Kodiak Island Borough Code (KIBC) section 18.50.010 prescribes the fee for permits 12 issued under KIBC 18.50.010(A)(1)_through (8); and 13 14 WHEREAS, The Kodiak Island Borough routinely sets and adjusts fees by Resolution, the most 15 recent of which, Resolution FY2017-02, sought to amend the fees for permits issued under KIBC 16 18.50.010(A)(1)_through (8); and 17 18 WHEREAS, The Assembly desires to amend KIBC 18.50.010 to set the fees for issued under 19 KIBC 18.50.010(A)(1)_through (8); at the levels which were approved by Resolution FY 2017-02 20 and to authorize the future adjustment of fees for permits issued under KIBC 18.50.010(A)(1) 21 through (8) to be made by Resolution similar other fees which are set by Resolution. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 24 BOROUGH that: 25 26 Section 1: Classification. Section 2 of this ordinance is of a general and permanent nature 27 and shall become a part of the Code of Ordinances of the Kodiak Island Borough. 28 The remainder shall not be codified. 29 30 Section 2: Kodiak Island Borough Code section 18.50.010, Generally, is amended to read as 31 follows: 32 18.50.010 Generally. 33 A. A negotiated permit, easement, or right-of-way is required for the following uses and/or 34 occupancy of borough real property: 35 1. Roads; 36 2. Trails; 37 AGENDA ITEM #10.B. Ordinance FY2022-13 Amending Kodiak Island Borough Code Section 18.50.01...Page 61 of 370 Kodiak Island Borough, Alaska Ordinance No. FY2022-13 Deletion – Red, Strikeout Page 2 of 3 Insertion – Bold 2nd Insertion - Green Version 1 3. Ditches; 38 4. Communication and electrical lines; 39 5. Landfill and disposal sites; 40 6. Pipelines of all types (sewer, water, petroleum, etc.); 41 7. Temporary use (not exceeding 45 days); and 42 8. Exploration work involving vehicle use of any type on the borough land. 43 B. Uses listed in subsections (A)(5), (7) and (8) of this section, not increasing the value or utility 44 of borough land, shall be charged no less than $250 per site or application area. The 45 Assembly may periodically adjust this fee by resolution. 46 C. Uses listed in subsections (A)(1) through (4) and (A)(6) of this section, not directly increasing 47 the value or utility of borough land, shall be charged a fixed fee of $250.00 not less than the 48 greater of $1200.00 per year or the fair rental value of the land. taken whichever is greater. 49 The Assembly may periodically adjust the $1,200.00 fee benchmark set in this section by 50 resolution. Th e fee under this section is in addition to any tax due on the taxable 51 personal property on the borough property and the taxable possessory interest in th e 52 real property. 53 54 55 Section 3. Effective Date: This ordinance takes effect at midnight on the day of adoption of this 56 ordinance. 57 58 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 59 THIS DAY OF , 2022. 60 61 KODIAK ISLAND BOROUGH 62 63 ATTEST: 64 ___________________________ 65 William Roberts, Mayor ___________________________ 66 Alise L Rice, Borough Clerk 67 68 VOTES: 69 AGENDA ITEM #10.B. Ordinance FY2022-13 Amending Kodiak Island Borough Code Section 18.50.01...Page 62 of 370 Kodiak Island Borough, Alaska Ordinance No. FY2022-13 Deletion – Red, Strikeout Page 3 of 3 Insertion – Bold 2nd Insertion - Green Version 1 Ayes: 70 Noes: 71 AGENDA ITEM #10.B. Ordinance FY2022-13 Amending Kodiak Island Borough Code Section 18.50.01...Page 63 of 370 KODIAK ISLAND BOROUGH,ALASKA FEE SCHEDULE Effective:A Contents Page Miscellaneous Services Title 3:Revenue and Finance Title 6:Animals Title 8:Health and Safety Solid Waste Collection and Disposal Title ‘I 5:Building and Construction Building Permits Electric Permits Grading Permits Plumbing Other Title 16:Subdivision Title 17:Zoning Title 18:Borough Real Property (ag e n u m b er s willbereassugned on ? n al do cu me nt) R es ol ut io n No.FY2017-02ReestablishingtheFeesfortheKod... Ju ly 1,2016 P a g e 110of174 AGENDA ITEM #10.B.Ordinance FY2022-13 Amending Kodiak Island Borough Code Section 18.50.01...Page 64 of 370 GENERAL SERVICES Interest on M-sceIIeneeus Delmquenl Acceums 12%annually Newrrrensver I_.euer Lloense $1.00 per neuce maned Non-Flllng er I_axe Filing Fee lor Speclal Taxes Severance and Bed)$50 per ?llng NSF Check Fee 52500 Research Service.records recovery -FIISI 5 hours freeI$40.D0 per hr Inereener Research San/Ice.dala aneIys.s -Fee seI ac $40.00 per hr w.re Transler Fee $25.00 N KIBC 2 40 0:50 eumenzes me semng or rees lor compilation or ereenen or records (data analysis)The arbitrary amount of $40 per hour is an average at Clark’:orrree staff hou?y wage and benems.KIBC 2.40.040 notes me!we cannot exceed me actual salary and bene?t cost Icr personnel nme KODIAK FISHERIES RESEARCH CENTER (KFRC) Mam Lobby (upslaxrs/clown —ree Indudes Iarge cor-rerenee room)$250.00 Relunuable cleamng aeposn,mam lobby $300.00 Large Conference Room $50.00 Revundame eIeening deposit.Ierge conference room $50.00 Small Conlerence Rnorn $40.00 Relunuable cleaning deposit,smeII eenverence room $30.00 ALQLQL Nan-pro?t organizations and public safety egencies who do not charge e lee tor me activity being conducted in me hicilily may apply for a waiver of KFRC rees REPRODUCTION AND MAPPING cosTs: GIS services (1/4 hr mi Irnurn)$60.00/hr PrinIsICopi3s Bond 51.00 sq ft Seml <sIess $2.00 sq ft Myiar $3.00 sq ft (3.5 x 11 inch ms:20 pages free so.2s thereafter 1 1 x 17 Inch ?rsl 10 pages free so so thereafter am No cepymg or eemrnencral use.except Ier reference zcvu R es ol ut io n No.FY2017-O2ReestablishingtheFeesfortheKod... A G E N D A ITEM#13.B.1. P ag e 112of174 AGENDA ITEM #10.B.Ordinance FY2022-13 Amending Kodiak Island Borough Code Section 18.50.01...Page 65 of 370 ‘TITLE 8:HEALTH AND SAFETY SOLID WASTE col.L.Ec1'loN AND DISPOSAL Appliances Appliances other.residential Rafrigaratorsl ,residential Asbestos Disposal (must no delivered in compliance wnh apnllrable ragulations) Bananas l_aad Acid Bananas —rasidanual Lead Acid Bananas -commercial Lilhium Batteries Cart Service Fee commercial Garbage Cor1sIn.lcti1:nIDernoIi?on Debris (C&D)(residential over bslcomrnancialnnaustnamnsmutional) Note»Any Inbred conslrucllarl loads mat have greater than 1o=.metals vvi/I nor be accapmd Fishing Gear —line.netting and web only Equipment usage lo on—Load Customer waste Garbage Truck 0!Borough Ccllecllon conlractor Garbage Truck oi umtao slates coast Guaro contractor Household Hazardous waste 40 lb limit per month Greater Than no lbs per month Marina Debris (does not ncluaa line.netting and webbing —see Fishing Gear) Less than 1 cy 1 to 10 cubic yards -Must complele acceptance form at land? Graater than 10 cubic yards ADEC and KIB approval required iaalora delivery. Lina,netting,Webbing recyclables am:malal must be saparateo pnor to delivery. IVIQIEIS Mobile HnmesIRecraaIionaI Vehicles (measured par iongast dimension)saa Nola Below Oil Used oi —commercial Used oil —residential 5 gallons per rnonth Used oil -residential greater than 5 gallons per ?lonlh Soil: no charge $200.00 minimum.$200.00/cy no charge $6.00 per large :3 on par small $6.00 par large.$3.00 per small s25.oo par Incident $20.00 minimum,Ion $20.00 minimum.ton $1 87.00 51 00.00/hour.$1 00.00 rnlnlrrlurn ton ton no charge $1.00lIb no charge no charge lon $275.00/ton ($0.137SIIb) $3.00 gal no charge $1.50 gal (:05!IGI TID VIP IQ lraaon and i n s u l a t i o n 20%irioraasa 20%|n1:reassand undate d rrearesidential limit 207.rincrease 20%rii-iuraasa 20%r a l e increase 20%rincrease R es ol ut io n No.FY2017-02ReestablishingtheFeesfortheKod... A G E N D A ITEM#13.B.1. P a g e 114of174 $258 0 0 $253 0 $253 $253 change hangs $ 1 0. 0 0 each $ 2 5 00 F r e a d d I c h a c h a c h a h a n ha n ge 2 AGENDA ITEM #10.B.Ordinance FY2022-13 Amending Kodiak Island Borough Code Section 18.50.01...Page 66 of 370 TITLE 15:BUILDING AND CONSTRUCTION BUILDING PERNIIT FEES Total value value up lo $500.00 value $500 01 —$2000.00 value :52.00001 —321000.00 value 525 000.01 —$50,000 00 value il $50,000.01 —100,000.00 value =$100 000.01 to $500 00000 value :$500,000.01 to 51.000.000.00 value =$1.000.000.01 and up Notes: Fees $15.00 51 5.00 for the llrst $500 plus $2.00 vor each addihonal $100.00 or rraclion thereof to and including $2,000.00 $45.00 tor the first $2,000.00 plus $9.00 var each additional $1,000.00 or lracllan lhereol,to and tncluding $25,000.00 $252.00 lor the lirst $25.000.o0 plus $6.50 ror each additional $1.000.00 or fraction thereor lo and Including 550 000.00 $414.50 tor the met s50.l:l00.o0 plus $4.50 tor each addlllonal $1,000.00 or fraction thereof,to and including 5100 000 00 $639.50 lor the that s10o.0o0.00 plus $3.50 for each addlhcnal $1,000.00 or Iraclion thereol,tci and including $500 000.00 $2 3950 Ior the rirst $500,000.00 plus $3.00 lor each add‘onal $1,000.00 or traction thereof.to and ncludlng 31.000.000.00 $3,539.50 for the ?rst $1,000,000.00 plus $2.00 lnr each additlonal $1.000.00 or fraction thereol I.Valuations tbr daten-mnatiori ofperrnil lees will be based on contracl prices or.in the ebsei-ice or a ontract price,the Building Valuation Data as published.by I c 3 0 Building Standards *These fees are waived for me I homes relocated from Jackson's Mobile Home Park to other parcels allowed under zoning code. ELECTRIC PERMn'FEES The following schedule of fees shall apply to all electrical work lor which a perrnll is requireu NEVV CONSTRUCTION ELECTRICAL VVORK single Family and Dunlexes. Temporary Work Service Permit Residerillal single Family -new Duplex —new Aaaluoiial wlrlng remodeling rvesidenlial only $30.00 $70.00 51 00.00 $30.00 70113 U90 R es ol ut io n No.FY2017-02ReestablishingtheFeesfortheKod... A G E N D A ITEM#13.B.1. Pa ge 116of174 ha n ge AGENDA ITEM #10.B.Ordinance FY2022-13 Amending Kodiak Island Borough Code Section 18.50.01...Page 67 of 370 9 ‘*3 . . ‘I'I‘I'LE 15 BU LD MG AND CONSTRUCTION ‘Cont’-1) ELECTRIC PERMn'FEES (Court!) ALL OTHER ELECTRICAL WORK orud The iollow-ng schedule cl fees shall apply lo all eiecincal work tor which a plan review IS required $0.00 —$500.00 $35.00 $501.00 —$1,000.00 $60.00 $1.001.0o —$2.000.0o $100.00 $2,001.00 -$3,000.00 $150.00 $3,001.00 —$4.00o.00 $200.00 34.001 .00 -$6,000.00 $250.00 $6301.00 -up $300.00 when extra nspecliurls are made necessary by reason or detective work.or otherwise through rauil or error on the pan or the holder of the permit.or on the pan or the Derf?ll holder's oniclal sening forth the vlolatlon.only one sum extra Inspection shall he made under me regular fees as herein prescribed. For each further extra inspection for w h lhe holder or the perrnlk or employee is entirely responsible,fees shall be charged as follows:Note:The building dapartrnan!shall allow Ior correction or such work,a maximum of ten working days Ioliowrng me date olinspecnon Farsi inspecuan $40.00 seoond lnspecuon $50.00 Each Auumonal inspecuon $50.00 Electric Perwlils After Work has slaried z x the published amount ~These fees are waived tor mobile homes reiocaled from Jackson's Mobile Home Park to olher parcels allowed under zoning code. GRADING PERNIIT FEES: 50 cubic yards $23.50 51 to 100 c.y.$37.00 101 to 1.000 o.y.$37.00 for 1st 100 cy +$17.50 for ea addiiional 100 cy 1.001 to 10.000 c.y.$194.50 tor ‘Isl 1.000 cy s $14.50 for ea addinonal 1.000 cy 10 001 I0 100.000 c.y.$325.00 ler 1sl 10.000 cy +$66.00 ior ea additional 10 000 cy 100.001 ::.y.or more $919.00 for Isl 100,000 cy +$36.50 for ea add 10.000 cy Note. The res tor a grading psnrlil authorizing addlllonal work to that under a valid perrnit shall be the df?arance between the fees paid tor the original perrnll and me ree shown Ior lhs armre pic/ecl 9ol13 R es ol ut io n No.FY2017-02ReestablishingtheFeesfortheKod... Pa ge 118of174 .~AGENDA ITEM #10.B.Ordinance FY2022-13 Amending Kodiak Island Borough Code Section 18.50.01...Page 68 of 370 TITLE 16:SUBDIVISIONS SUBDIVISION FEES Abbrevlaled A quot Pan Plats $300.00 Appeal to Assembly $200.00 Appeal to Cornrnlsslon $200.00 Appeal Record Copy per page first 20 pages has sa.25 merealler Rev-ew oi Pazc Declslon $75.00 Vacallnns $350.00 lnspeclion Servlces -General Personnel Costs -su-all time $40.00/hr Personnel Costs —over drne $56.00/hr Personnel cosxs —double nme $72.00/hr vemcle —hours $1.70/hr vemele —mllaaga $O.3OImI vemcle -adrnlrllstrauve lee 10% Inspection services —sundivlslon: Road and Utility Improvement (per lineal 1'0 Improvements lo!1 lo 12 lols $3.50 ll Improvements for 13 lows and more $2.00 ll Malanals Approval sew-ces. Flrsl Subrnillal $200.00 Subsequent Revlews $60.00 Plan Rewew services: Aaomonal Improvement Plan Revlaws $100.00 lmprovemenl Plan Revlew actual cosl Inmal and Flnal Plan $200.00 she Grlding Plan Review $250.00 11 e4 13 R es ol ut io n No.FY2017-O2ReestablishingtheFeesfortheKod... P a g e 120of174 AGENDA ITEM #10.B.Ordinance FY2022-13 Amending Kodiak Island Borough Code Section 18.50.01...Page 69 of 370 Land Disposal Applicalion Land use Perrnils »temporary enneeuy KI c 1: Land Use Permi -annually KIBC Ia.l.C Material sales .royalty tee per cubic yard -annually Wood cumng Permits -Chiniak area —annua y Free with signed ham wood Cunin Perrniis —s 'ed areas other lhan Chiniak -30 a s ‘TITLE 18:BOROUGH REAL PROPERTY 1:cl 1: R es ol ut io n No.FY2017-02ReestablishingtheFeesfortheKod... A G E N D A ITEM#13.B.1. P a g e 122of174 a d d a d d h a ha n ge AGENDA ITEM #10.B.Ordinance FY2022-13 Amending Kodiak Island Borough Code Section 18.50.01...Page 70 of 370 .93».2._._§m. caows?>s_§__s38.8 33832as_ 3as .25.:an3%.398 .3... :%3_9.3.333..32.2%E...=_.._%$2. .589.3535.:. >mmzu>=.m nab. 0:55:oawm-m::cm=<.uo..3:m -m m 9.mm032 5m:0 36..-8 an \ I I0.»..‘ meow<55 ma:_.mo__:<¢<m.<w_.~98 -rm:Cmo tan:00'09Z$ OPOO M a AGENDA ITEM #10.B.Ordinance FY2022-13 Amending Kodiak Island Borough Code Section 18.50.01...Page 71 of 370 A R E S O L U T I O N OFTHEKODIAKISLANDBOROUGHASSEMBLY REE STA BLI SHI NG THEFEESOFTHEKODIAKISLANDBOROUGH WHER EAS, itisrecognizedthatifaserviceorprogrambenefitsonlyaselectindiidual or grou p o f indi vid uals , thoseindividualsorgroupofindividualsshouldpayfortheservice; and Introducedby Requestedby: Draftedby: Introducedon: Amended: Postponed: Amended: Adoptedon: RESOLUTIONNO.FY2017-02 AD OPT ED BYTHEASSEMBLYOFTHEKODIAKISLANDBOROUGH THISSIXTEENTHDAYOFJUNE,2016 NO W, T H E R E F O R E, BEITRESOLVEDBYTHEASSEMBLYOFTHEKODIAKISLAND BO RO UG H: WH ERE AS, staffhasrecommendedchangestothecurrentfeescheduleforfiscalyear 2017sho wn ontheattachedexhibit 4, WH ERE AS, prudentfinancialmanagementdictatesthatanorganizationreviewitsfees on a n abasis;and WH ERE AS, KodiakIslandBoroughCode3.10.190ordainsthatallfeesbereviewedon an a n n u al basis;and S ec ti o n 1:Theattachedexhibitofscheduleoffeesshallbecomeeffectiveuponadoption. Kodia k Boroug h, AlaskaResolutionNo.FY2017-O2 Page1of1 Borough Manager Finance Director Finance Director 06/02/2016 06/02/2016 06/02/2016 st af f ha s compil ed alistofallcurrentfees;and J Frie nd, BoroughMayor K O D I A K ISLAN D BO N o v a M.Javier,MMC, ro u g h Cler k AGENDA ITEM #10.B.Ordinance FY2022-13 Amending Kodiak Island Borough Code Section 18.50.01...Page 72 of 370 Contents Miscellaneous Services Title 3:Revenue and Finance Title 6:Animals Title 8:Health and Safety Solid Waste Collection and Disposa lTitle15:Building and Construction Building Permits Electric Permits Grading Permits Plumbing Other Title 16:Subdivision Title 17:Zoning Title 18:Borough Real Property KODIA K I S BOROUG H, ALASKA FESCHDULE July1,2016 655666777 3P233 AGENDA ITEM #10.B.Ordinance FY2022-13 Amending Kodiak Island Borough Code Section 18.50.01...Page 73 of 370 KODIAK FISHERIES RESEARC H C E N T E R (KFRC).IMainLobby(upstairs/down -incl ude s largeconferenceroom)$250.00 Refundable cleaning de pos it, mainlobby$300.00 Large Conference Room $50.00 Refundable cleaning de pos it, largeconferenceroom$50.00 Small Conference Room $40.00 Refundable cleaning de pos it, smallconferenceroom$30.00 Notes: _ Non-pro?t organizations and safetyagencieswhodonotchargeafeefortheactivitybeingconductedinthefacilitymayapplyforawaiverof KFRC fees. BOROUGH CODE OF ORDINAN CES ‘ 'Borough Code,Complete $200.00 Supplement Service (Annual $75.00 Title 15,complete ?rst20pagesfree,$0.25thereafter‘ Title 16',complete ?rst20pagesfree,$0.25thereafter Title 17,complete ?rst20pagesfree,$0.25thereafter} GENERAL SERVICES Interest on Miscellaneous Accounts12%annually NewlTransfer Liquor Licens e $1.00pernoticemailed Non-Filing or Late Filing Fe e f o r Spec ial Taxes(SeveranceandBed)$50per?ling NSF Check Fee $2500 Research Service,records *First5hoursfreel$40.00perhrthereafter Research Service,data ana lys is *Feesetat$40.00perhr Vl?reTransfer Fee $25.00 Notes: *KIBC 2.40.060 authorizes t set tin g offeesforcompilationorcreationorrecords(dataanalysis).Thearbitraryamountof$40perhourisanaverage of Clerk's Office staff hourlyandbenefitsKIBC2.40.040notesthatwecannotexceedtheactualsalaryandbene?tcostforpersonneltime MISCELLANEOUSSERVI CESBAYSIDEFIRESTATIONCO MM UNI TY TRAINI NG CENTER Copy of Fire Reports One-half of Training Center,halfday(1-6hrs,max49people) One-half of Training Center,day(6-10hrs,max49people) Full Training Center,per hal f (1-6hrs,max100people) Full Training Center,per da y (hrs,max100people) Refundable Cleaning Depos it Notes: Non-pro?t organizations andsafetyagencieswhodonotchargeafeefortheactivitybeingconductedmayapplyforawaiverofTraining Center use fees. $25.00 $15.00 $25.00 $30.00 $50.00 $50.00 BOROUGH RECORDS 2007 Comprehensive Pla n ( b o u n d copy) Audio Recording CD Audio Recording (saved re qu es ter 's thumbdrive) Audio Recording (sent by Certi?ed copies (does no t icopycharges) Copy,scan single ?le to orDVD,perdisk(includeslargescalemaps) Copies,per page Comprehensive Plans,p a p er Electronically Reproduced(hardcopytoelectronic) Electronically Produced/ Provided Records(originallyelectronic) REPRODUCTION AND M AP PI NG COSTS :GIS services (1/4 hr min imu m) Prints/Copies Bond Semi Gloss Mylar 8.5 X 11 inch 11 X 17 inch Notes: No copying or commerci al us e, exceptforreference $6000/hr $1.00sqft $2.00sqft $300sqft ?rst 20 pages free,$025thereafte r?rst 10 pages free,$050thereafte r $ 1 0 0 . 0 0 $5. 00ch ar ge ch ar ge $500 $500 ?rst 20 pages free,$0.25 $ 25 . 00 ch ar ge ch ar ge 2 o AGENDA ITEM #10.B.Ordinance FY2022-13 Amending Kodiak Island Borough Code Section 18.50.01...Page 74 of 370 TITLE3:REVENUEAND FINANCE SPECIAL ASSESSMENT AND PROPERTY TAX Foreclosure/Attorney Fee actualcost Publication Fee actualcost Redemption Certi?cates actualcost Interest 12%annually Penalty 10%onetimecharge TITLE 6:ANIMALS Animal Control Cruelty to Animals 1st offense mandatorycourtappearance 2nd offense mandatorycourtappearance 3rd offense mandatorycourtappearance Vicious Animals 1st offense mandatorycourtappearance 2nd offense mandatorycourtappearance 3rd offense mandatorycourtappearance Boarding Fees Small animals (dogs,cats,etc.),per day $5.00 Large animals (cows,horses,etc.)per day $50.00 License Fees Male Dog,per year $35.00 Female Dog,per year $35.00 Neuter and Spayed Dogs,per year $10.00 Duplicate Tag each $5.00 Miscellaneous Fees Rabies Vaccinations Deposit (partially refundable)$20.00 Adoption (includes neuter or spay rabies shot,license)actualcost 3 of AGENDA ITEM #10.B.Ordinance FY2022-13 Amending Kodiak Island Borough Code Section 18.50.01...Page 75 of 370 TITLE 8:HEALTH AND SAFETY SOLID WASTE COLLECTION AND DISPOSAL Appliances Appliances Other,residential Refrigerators/Freezers,residential Asbestos Disposal (must be delivered in compliance with applicable regulations Batteries Lead Acid Batteries -residential Lead Acid Batteries —commercial Lithium Batteries Cart Service Fee Commercial Garbage Construction/Demolition Debris (C&D)(residential over 500lblcommercia|/industrial ?nstitutional) Note:Any mixed construction loads that have greater than 10%metals will not be accepted Fishing Gear —line,netting and web only Equipment Usage to Off—Load Customer Waste Garbage Tn.ick of Borough Collection Contractor Garbage Truck of United States Coast Guard Contractor Household Hazardous Waste 40 lb limit per month Greater Than 40 lbs per month Marine Debris (does not include line,netting and webbing -see Fishing Gear) Less than 1 cy 1 to 10 cubic yards -Must complete acceptance fonn at land?ll Greater than 10 cubic yards ADEC and KIB approval required before delivery Line,netting,webbing recyclables and metal must be separated prior to delivery Metals Mobile Homes/Recreational Vehicles (measured per longest dimension)See Note Oil Used Oil commercial Used Oil residential —5 gallons per month Used Oil residential -greater than 5 gallons per month Residential Waste (by passenger automobile or pickup truck)This includes C&D and household waste Up to 500 lbs total per day (no metals) 501 pounds or greater Tires -commercial Uncovered Loads -additional charge Use of Scale to Obtain a Certi?ed Weight Vehicles Waste Screenings NOTES: Governmental customers may be served by a private company by direct negotiation for service Fees will be set,billed an d coll ecte d bythat comp any. nocharge $10.00each $ 2 0 0. 0 0 minimum,$200.00/cy nocharge $6. 00 perlarge,$3.00persmall $6. 00 perlarge,$3.00persmall $25.00perincident $ 20 . 00 minimum , $258.00lton $ 2 0 . 0 0 minimum,$258.00lton $187.00 $100. 00/ hour $10000minimum $258.00lton $258.00lton nocharge $100llb nocharge nocharge $25800/ton $275. 00/ton ($0.1375I|b) $3000llf $3.00/gal nocharge $150lgal nocharge $258.00/ton $258.00lton $35.00 $15.00perticket $475.00pervehicle $258.00/ton Commercial and residential solid waste materials collected by the United States Coast Guard,or its representative for disp osal attheKodiakIsland Borough land?ll will be charged at the time of disposal at the rate established in this fee schedule.The Kodiak Island Boroug h willinvoicetheUnited States Coast Guard for all or any portion of those fees charged,as agreed upon by the parties.Fees associated with other w as te disposaloptionswill be charged based on the applicable fee represented in this schedule. Companies conducting commercial,industrial and institutional demolition projects need to separate their waste into metal non— metal loads.Mixed loads will not be accepted at the land?ll. Metals received at the land?ll in the forrn of tanks or cables must be prepared in an acceptable manner.Tanks must be dra ine d ofall?uidsandwiped clean.Tanks under 500 gallons must have an 18"square hole cut into it and wiped clean Tanks over 500 gallons must ha ve oneendcutoffand wiped clean.Tanks 1,000 gallons and greater must contact Engineering/Facility staff to discuss acceptable criteria.Fishing ca bl e mustbecutinto3' lengths.Other metal items must be cut into pieces no greater than 17'long 7'wide and 5'high They must be separated non— metal material (e.g.,machinery with hoses or electrical components). Approved Thrift Stores will be allowed free disposal of self-hauled household residential waste of up to 1,000 lbs/week.Di sp osa l oflargeitems(e.g., boats,trailers construction/demolition debris and metals)will be charged at the same rate as shown in this fee schedule. Commercial establishments,and/or small quantity generators,who generate hazardous waste must contact an environmental compan y toproperly dispose of their waste. All mobile homes or debris from mobile homes shall be cleared for asbestos and Lead based paint before acceptance Al l m at er ia ls mustbe separated into C&D,metal and recyclables prior to delivery. De?nitions: Residential Waste —l/Vaste generated from your home (for example,household garbage,bulky items such as furnishings grass/ lawn clippings).It includes homeowner construction/demolition waste but does not include metals. Commercial Waste -Institutional and industrial organizations or contractors and businesses conducting work for compensationand/orbarter. 4 o A L.. . o.. .... . 3 .1 v..L w- an... .-~AGENDA ITEM #10.B.Ordinance FY2022-13 Amending Kodiak Island Borough Code Section 18.50.01...Page 76 of 370 39.50forthe?rst$100000.00plus$3.50foreachadditional $1,00000orfractionthereof,toandincluding$500,000.00 $2,039.50forthe?rst$500,000.00plus$3.00foreach additional$1,000.00orfractionthereof,toadincluding $1000,000.00 $3,539.50forthe?rst$1,000,000.00plus$2.00foreach additional$1,000.00orfractionthereof New Construction of a single family residence or res ide nc e withanaccessorybuildingwhenissuedasanowner/builderis$150.00. Remodel of a single family residence when issued a s a n own er/ build er isvaluationbasedwiththemaximumfeeamountof$150.00. Notes: I Valuations for determination of pennit fees willbe oncontractpricesor,intheabsenceofacontractprice,theBuildingValuationDataas published,by I.C.B.0.Building Standards 2.Owner/bui/der is de?ned as a person who is mana ging theconstructi on orremodeloftheirownresidenceandthebuildingpermitmustre?ectthe name of the owner. A These fees are waived for mobile homes relocate d f r o Jackso n's MobileHomeParktootherparcelsallowedunderzoningcode ELECTRIC PER IT FEES The following schedule of fees shall apply to all electr ical wor k forwhichapermitISrequired NEW CONSTRUCTION ELECTRICAL WORK Single Family and Duplexes: Temporary Work Service Permit Residential Single Family -new Duplex -new Additional Vl?ring,remodeling residential only ALLOTHER ELECTRICALWORK Issuance of Permit Each Fixture/Duplex Outlet/Individual Switch/Emergency Light Electric Heat per k.w.Installed Each Power Outlet Electrical Service to 200 amps Electrical Service over 200 amps Each Area Floodlight,1st light Each Additional Floodlight Generator per k.w.Output Transformers 5 k.v.a.or above Motor Connections,15 hp and above Transfer Switches -manual Transfer Switches -automatic Electrical Signs Trailer Courts -each space Each Additional -same pennit Temporary Services Environment I Control Devices per Outlet/Unit *These fees are waived for mobile homes relocated from Jackson's Mobile Hom e tootherarcelsallowedunderzonincode. 5 of 7 TITLE15:BUI LDI NG ANDCONSTRU CTIONBUILDINGPER MIT F E E S Total Value value =up to value =$500. 01 -$2, 000 00 $35.00 $1.25 $20.00$30.00$20.00$5.00$1.00$5.00$20.00$5.00$10.00$20.00$50.00$10.00$5.00$1.25 Fees $15.00 $15 00 for t h e ?r st $500plus$2.00foreachadditional$100.00 orfractionthereof,toandincluding$2,000.00 $414. 50 forthe?rst$50,000.00plus$4.50foreachadditional $1 , 00 0. 00 orfractionthereof,toandincluding$100,000.00 $252 .00 forthe?rst$25,000.00plus$6.50foreachadditional orfractionthereof,toandincluding$50,000.00$45. 00 fo r the?rst$2000.00plus$9.00foreachadditional $1, 00 0 00orfractionthereof,toandincluding$25,000.00 va lu e =$500, 000. 01 to$1,000000.00 va lu e =$100, 000. 01 to$500,000.00 $70: O0$1 00 $30.00 v al u e =$50, 000.01 -$10000000 v al u e =$25, 000. 01 -$50,000.00v al u e =$2, 000 01-$25,000.00va lu e =$1, 000, 000. 01 andup $6 AGENDA ITEM #10.B.Ordinance FY2022-13 Amending Kodiak Island Borough Code Section 18.50.01...Page 77 of 370 PLUMBING PERMIT FEES:* Additional Plumbing Remodeling -residential only Single Family and Duplexes (base fee): New Duplex .New Residential Single Family Plus the Following Additional Charges: Each Plumbing Fixture Each Gas Outlet Each Water Heater and Hot Water Boiler (per 1.000 btu) Automatic Sprinkler Systems (per head) Plumbing AlterationWork (per outlet) All Other Plumbing Work Plumbing Permits After Work has Started *These fees are waived for mobile homes relocated from Jackson's Mob ile H o m e Parktootherparcelsallowedunderzoningcode. $30.00 $100.00 $70.00 $7.00 $5.00 $0.20 $1.50 $7.00 $35.00 .2xthepublishedamount TITLE15:BUILDINGAND CONSTRUCTION (Cont'd) ELECTRIC PERMIT FEES (Cont'd) ALL OTHER ELECTRICALWORK (Cont d) The following schedule of fees shall apply to all electrical work for whic h apla n reviewisrequired: $0.00 -$500.00 $35.00 $501.00 -$1,000.00 $60.00 $1,001.00 -$2,000.00 $100.00 $2,001.00 -$3,000.00 $150.00 $3,001.00 -$4,000.00 $200.00 $4,001.00 -$6,000.00 $250.00 $6,001.00 -up $300.00 When extra inspections are made necessary by reason of defective work,or otherwise through fa ult orerroronthepartoftheholderofthepermit,or on the part of the permit holder's of?cial setting forth the violation,only one such extra inspection bemadeundertheregularfeesasherein prescribed.For each further extra inspection for which the holder of the permit or employee is ent irel y resp onsi ble, feesshallbechargedasfollows: Note:The building department shall allow for correction of such work,a maximum of ten working follo win g thedateofinspection First Inspection $4000 Second Inspection $50.00 Each Additional Inspection $60.00 Electric Permits After Work has Started 2xthepublishedamount *These fees are waived for mobile homes relocated from Jackson's Mobile Home Park to other allowe d underzoningcode. GRADING PERMIT FEES: 50 cubic yards $23.50 51 to 100 c.y.$37.00 101 to 1,000 c.y.$37.00 for 100cy+$17.50foreaadditional100cy 1,001 to 10,000 c.y.$194.50 fo r 1 s t 1, 000 cy+$14.50foreaadditional1,000cy 10,001 to 100,000 c.y.$325.00 fo r 1 s t 10, 000 cy+$66.00foreaadditional10,000cy 100,001 c.y.or more $919.00 fo r 1 s t 100, 000 cy+$36.50foreaadd10,000cy Note. The fee for a grading permit authorizing additional work to that under a valid permit shall be the di ff er e n ce betweenthefeespaidfortheoriginal permit and the fee shown for the entire project. OTHER FEES: Additional Plan Revi ew Re qui red byChanges,additionsorrevisiontoapprovedplans Appeals and Except ionsBuildingDemolition Driveway Permit Fe e, ( n o feewhenincludedw/bldgpermit) Inspections Which Fe e isSpeci?cal ly Indicated Inspections Outside Busines s Hours(perhour,2hrmin) Reinspection Fees UnderProvisionsofSection305G Right of Way (ROW ) forDrivewayAccess $50.00/hr $350.00 $40.00 $25.00 $70.00$40.00/hr$100.00 6 o -... .AGENDA ITEM #10.B.Ordinance FY2022-13 Amending Kodiak Island Borough Code Section 18.50.01...Page 78 of 370 WIFE!‘ TITLE 16:SUBDIVISIONS SUBDIVISION FEES AbbreviatedlAliquot Part Plats $300.00 Appeal to Assembly $200.00 Appeal to Commission $200.00 Appeal Record Copy,per page ?rst 20 pa ge s free,$0.25thereafter Review of P&ZC Decision $75.00 Vacations $350.00 Inspection Services -General Personnel Costs —strait time $40.00/hr Personnel Costs —over time $56.00/hr Personnel Costs -double time $72.00/hr Vehicle —hours $1.70/hr Vehicle —mileage $0.30/mi Vehicle -administrative fee 10% Inspection Services -Subdivision: Road and Utility Improvement (per lineal ft) Improvements for 1 to 12 lots $3.50/lf Improvements for 13 lots and more $2.00/lf Materials Approval Services First Submittal $20000 Subsequent Reviews $60.00 Plan Review Services: Additional Improvement Plan Reviews $100.00 Improvement Plan Review actualcost Initial and Final Plan $200.00 Site Grading Plan Review $250.00 Preliminary Plats Creating: 1 to 12 lots $35000 13 to 50 lots $350 00 +$20.00 eachadditionallotover12 Over 50 lots $1 ,1 10.00 +$15 00 eachadditionallotover50 Waivers $75.00 TITLE 1 7:ZONING After the fact Zoning Compliance Permits 2xthepublishedamount Appeal to Board of Adjustment $350.00 Appeal to Commission 350.00 Appeal Record Copy.per page ?rst 20 pa ge s free.$0.25thereafter Conditional Use Permit $250.00 Other P&Z Screening Approval $150.00 Postponement at Petitioner's Request -public hearing item $100.00 Postponement at Petitioner's Request —non—pubIic hearing item $25.00 Review of P&ZC Decision $150.00 Variance $250.00 Zoning Change Permit: Less than 1.75 acres $350.00 1 .76 to 5.00 acres $750.00 5.01 to 40 00 acres $1,000.00 40.01 acres or more $1,500.00 Zoning Compliance Permit 2 Less than 1 75 acres $30.00 1 .76 to 5.00 acres $60.00 5.01 to 40.00 acres $90.00 40.01 acres or more $120.00 These fees are waived for mobile homes relocated from Jackson's Mobile Home Park to other parcels allowed under z o n i n g code. TITLE 18:BOROUGH REAL PROPERTY Land Disposal Application $35000 Land Use Permits -temporary KIBC 18 50.010 B $250.00 Land Use Permits —annually KIBC 18.50.010 C $1,200.00 Material Sales .royalty fee per cubic yard -annually $2.00 Wood Cutting Permits —Chiniak area -annually withsignedliabilitywaiver Wood Cutting Permits —speci?ed areas other than Chiniak -30 days $25.00 JI g. ., ..J.*’'‘ .. ..a.‘u- .; 7 o AGENDA ITEM #10.B.Ordinance FY2022-13 Amending Kodiak Island Borough Code Section 18.50.01...Page 79 of 370 KODIAK ISLAND BOROUGH STAFF REPORT MARCH 17, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2022-15 Rezoning USS 444 TR A Lot A, From I-Industrial District To B-Business District (P&Z Case No. 22-009). ORIGINATOR: Community Development Director, CDD RECOMMENDATION: Move to adopt Ordinance FY2022-15, the rezone of USS 444 TR A Lot A Mission Road from I- Industrial District to B-Business District, as approved by the Planning and Zoning Commission on February 16, 2022. Staff Report- Community Development Interim Director, Seema Garoutte Assembly Discussion Roll Call Vote DISCUSSION: The Clerk's office mailed out 28 public hearing notices on March 9, 2022. The subject parcel of land USS 444 Tract A Lot A was incorrectly reclassified to I-Industrial zoning district on August 2, 1970. The Orthodox Church in America did not request a rezone and was not a party to the rezone request by the Corporation of the Catholic Archbishop of Anchorage for USS 444 Tract A Lot B. This application for rezone coincided with a time that the Orthodox Church in America was going through administrative changes and likely did not have representation in Kodiak to make any objections to the rezone request. The archived documents show that the original rezone request was for USS 444 Tract A Lot B only (Exhibit A), the public hearing notice for the July 2, 1970, meeting of the KIB Assembly also only included USS Tract A Lot B (Exhibit B). The final Ordinance 70-6-0 did not identify Lot B instead the ordinance reads Tract “A” and consequently authorized a rezone of USS 444 Tract A Lots A, B, C, and D to I-Industrial (Exhibit C). Lot D had already been rezoned to I- Industrial on behalf of the Standard Oil Company via Ordinance 65-9. Lot C was rezoned from I-Industrial to PL-Public Lands via Ordinance 83-30-0. The Holy Resurrection Church has had a presence on Kodiak Island since the 1790’s and a church building has been standing on this same location since before Alaska Statehood, before the Kodiak Island Borough, and predates any zoning regulations. The original zoning district assigned to this parcel was Public and may not have been the correct assignment in the first place, this again was through no fault to the Church. It would be prudent to assign a zoning district that allows for churches and is in character with the existing zoning in this area. B-Business is the likely choice, out of the three main uses in the area, I-Industrial, B-Business and PL-Public Lands, B-Business is the one that allows churches, and would accommodate the Church’s ambition to eliminate its non-conforming status and remain in character with the surrounding land uses. There are also some R3 properties in the area, churches are permitted in R3, but The Holy Resurrection Church building AGENDA ITEM #10.C. Ordinance No. FY2022-15 Rezoning USS 444 TR A Lot A, From I-Industrial D...Page 80 of 370 KODIAK ISLAND BOROUGH STAFF REPORT MARCH 17, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough would not conform to R3 requirements and would not be eligible for legal conforming status in the R3 zoning district. Churches are a conditional use in the B-Business district and The Holy Resurrection Church will need a conditional use permit if rezoned to Business. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #10.C. Ordinance No. FY2022-15 Rezoning USS 444 TR A Lot A, From I-Industrial D...Page 81 of 370 Kodiak Island Borough, Alaska Ordinance No. FY2022-08 Page 1 of 2 Introduced by: Community Development Department thru the Mayor 1 Drafted by: Community Development Director 2 Introduced on: 3 Public Hearing Date: 4 Adopted on: 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2022-15 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH Rezoning USS 9 444 TR A Lot A, From I-Industrial District To B-Business District (P&Z Case No. 22-009) 10 11 WHEREAS, as a second-class borough, the Kodiak Island Borough exercises planning, 12 platting, and land use regulations on an area wide basis pursuant to Chapter 29.40 Alaska 13 Statutes; and 14 15 WHEREAS, in accordance with AS 29.40, the Kodiak Island Borough adopted the 2008 16 Comprehensive Plan update on December 6, 2007 (Ordinance No. FY2008-10) to replace the 17 1968 Comprehensive Plan; and 18 19 WHEREAS, the Kodiak Island Borough has adopted KIBC Title 17 (Zoning) in accordance with 20 AS 29.40 to implement the Kodiak Island Borough Comprehensive Plan; and 21 22 WHEREAS, KIBC 17.205.010 provides that “Whenever the public necessity, convenience, 23 general welfare or good zoning practice requires, the assembly may, by ordinance and after report 24 thereon by the commission and public hearing as required by law, amend, supplement, modify, 25 repeal or otherwise change these regulations and the boundaries of the districts”; and 26 27 WHEREAS, the property owner applied for a rezone of this property from I-Industrial District 28 to B-Business District on November 19, 2021; and 29 30 WHEREAS, at an advertised public hearing, consistent with Kodiak Island Borough Code 31 17.205.040, the Planning and Zoning Commission considered the merits of the rezone request 32 on February 16, 2022; and 33 34 WHEREAS, the Planning & Zoning Commission voted to recommend to the Borough Assembly 35 that the site be rezoned from I-Industrial District to B-Business District finding that the public 36 necessity, convenience, general welfare, and good zoning practice would be enhanced by 37 such action. 38 39 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 40 BOROUGH that: 41 42 Section 1: This ordinance is NOT of permanent nature and shall NOT become a part 43 of the Kodiak Island Borough Code of Ordinances. 44 45 AGENDA ITEM #10.C. Ordinance No. FY2022-15 Rezoning USS 444 TR A Lot A, From I-Industrial D...Page 82 of 370 Kodiak Island Borough, Alaska Ordinance No. FY2022-08 Page 2 of 2 Section 2: USS 444 TR A Lot A from I-Industrial District to B-Business District. 46 47 Section 3: By this ordinance, the Borough Assembly adopts the following findings of 48 fact in support of their approval of this rezone. 49 50 1. The rezone would be consistent with the land use goals and policies of 51 the 2008 Comprehensive Plan. 52 53 2. The rezone would implement a 2008 comprehensive plan action to 54 mitigate confusion in zoning. 55 56 3. The rezone would assist the owner’s ability to develop church property 57 and alleviate the conflicts from having Industrial District zoning 58 regulations. 59 60 61 62 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 63 THIS DAY OF , 2022. 64 65 KODIAK ISLAND BOROUGH 66 67 ATTEST: 68 ___________________________ 69 William Roberts, Mayor ___________________________ 70 Alise L Rice, Borough Clerk 71 72 VOTES: 73 Ayes: 74 Noes: 75 AGENDA ITEM #10.C. Ordinance No. FY2022-15 Rezoning USS 444 TR A Lot A, From I-Industrial D...Page 83 of 370 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9391 E-mail: bcurrie@kodiakak.us Notice of Public Hearing Case No. 22-009 Greetings, A public hearing will be held on Wednesday, February 16, 2022, 6:30 p.m. in the Borough Assembly Chamber Room 710 Mill Bay Road, Kodiak AK 99615 to hear Case No. 22-009. Applicant: Holy Resurrection Church Request: Rezone USS 444 TR A Mission Road from I-Industrial District to B-Business District Location: 308 Kashevaroff Ave. Zoning: I-Industrial District to B-Business District Your property address is within 500-feet of the boundaries of the subject property. Per KIB Code 17.195.040. Notification. “Notices shall include the date, time, and location of the hearing, if applicable, and the names of the parties filing the application.” One week prior to the regular meeting, Wednesday, February 9, 2022, the commission will hold a work session to review the packet material for the case. You may provide comments in person during the meeting or via phone. The call-in number is (907) 486-3231 or toll free at (855) 492- 9202. If you do not wish to testify in person you may email your comments to bcurrie@kodiakak.us by 3:00 p.m. on Wednesday, February 16, 2022. Or use the form provided in this notice and mail or hand deliver to the Borough at 710 Mill Bay Road, Kodak 99615 by 3:00 p.m. on Wednesday, February 16, 2022. AGENDA ITEM #10.C. Ordinance No. FY2022-15 Rezoning USS 444 TR A Lot A, From I-Industrial D...Page 84 of 370 Kodiak Island Borough Code Chapter 17.205.040 The Commission shall hold a public hearing on each properly submitted application for a rezone within 90 days after the date of the next available meeting agenda deadline. The community development department shall give notice if the hearing as required in the same manner prescribed for variances in KIBC 17.195.040. Kodiak Island Borough Code Chapter 17.195.040 A. The commission shall hold a public hearing on each properly submitted application for a variance within 90 working days after the date of the next available meeting agenda deadline. The applicant shall be notified of the date of such hearing. B. The community development department shall send to each owner of property within a prescribed distance from the exterior boundary of the lot or parcel of land described in the application, notice of the time and place of the public hearing, a description of the property involved, its street address, and the action requested by the applicant. Prescribed distances are as follows: 1. Lots less than or equal to one-half acre require a notification area measured at 500 feet. 2. Lots greater than one-half acre and less than or equal to one acre require a notification area measured at 750 feet. 3. Lots greater than one acre and less than or equal to two acres require a notification area measured at 1,000 feet. 4. Lots greater than two acres and less than or equal to five acres require a notification area measured at 1,500 feet. 5. Lots greater than five acres require a notification area measured at 2,500 feet. *At the time of this mailing, this meeting will only be open to virtual public attendance due to the Covid-19 pandemic. The Planning and Zoning Commission will hear comments, if any, on this request at that time. The meeting status will be posted on the KIB website at least 24 hours prior to the meeting and display whether the meeting will be virtual or in person. To see updated information visit kodiakak.us and look under announcements* Regards, Community Development Department, Secretary Bronwyn Currie Enclosed: 1. Public Hearing Notice 2. Public Hearing Comment Form/Map of Subject Property AGENDA ITEM #10.C. Ordinance No. FY2022-15 Rezoning USS 444 TR A Lot A, From I-Industrial D...Page 85 of 370 Public Hearing Comment Please fill out the information below if you wish to make a comment. Owner’s Name: Property Address: Applicant: Holy Resurrection Church Request: Rezone USS 444 TR A Mission Road from I-Industrial District to B-Business District. Location: 308 Kashevaroff Ave. Zoning: I-Industrial District to B-Business District Please check one of the options shown below to ensure we get accurate feedback from you. In Favor of Request Opposed to Request Comments: Mail or hand deliver this form to the Kodiak Island Borough at 710 Mill Bay Road, Kodak 99615 by 3:00 p.m. Wednesday, February 16, 2022. AGENDA ITEM #10.C. Ordinance No. FY2022-15 Rezoning USS 444 TR A Lot A, From I-Industrial D...Page 86 of 370 M ill Bay RoadEast Rezanof Drive Public Hearing Notice µ0 400 800200 Feet Case 22-009: Request to rezone USS 444 TR A MISSION RD from I-Industrial District to B-Business DistrictLocation: 308 Kashevaroff Ave.Applicant: Holy Resurrection Church Subject Parcel Notification Parcels This map is provided for informational purposes only and is not intended for any legal representations. Access Roads Unconstructed Right of Wayshttps://www.kodiakak.us/85/Community-Development 907-486-9363 Community Development Department AGENDA ITEM #10.C. Ordinance No. FY2022-15 Rezoning USS 444 TR A Lot A, From I-Industrial D...Page 87 of 370 AGENDA ITEM #10.C.Ordinance No. FY2022-15 Rezoning USS 444 TR A Lot A, From I-Industrial D...Page 88 of 370 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT AND RECOMMENDATION REPORT DATE: February 14, 2022 TO: Planning and Zoning Commission FROM: Community Development Department CASE NO: 22-009 REQUEST: Rezone from I-Industrial to B-Business. RECOMMENDATION: Staff recommends the commission forward this rezone request to the Kodiak Island Borough Assembly with a recommendation for approval. APPLICANT: Holy Resurrection Church AGENT: Archpriest Innocent Dresdow LOCATION: 308 Kashevaroff Ave LEGAL: USS 444 Tract A Lot A Mission Rd. LOT SIZE: 0.41 Acres CURRENT USE: Exempt CURRENT ZONING: I-Industrial (KIBC 17.105) PROPOSED ZONING: B-Business (KIBC 17.90) SITE VISIT: None NOTICE: The community development department sent a public hearing notice to each owner of property within 500 feet from the exterior boundary of the land described in the application (KIBC 17.195.040). A total of (28) public hearing notices were mailed on January 27, 2022. Zero (0) public comments were received as of the date this report was prepared. SUMMARY OF REZONE REQUEST In May of 1970 a request was made by the Corporation of the Catholic Bishop of Anchorage to rezone USS 444 Tract A Lot B from Public to Industrial to facilitate the sale of the property to The Standard Oil Company of California. On May 13, 1970, the Planning and Zoning Commission approved the request to rezone USS 444 Tract A Lot B and sent the recommendation to the KIB Assembly. The first reading by the Assembly took place on June 25, 1970, a second reading occurred on July 2, 1970, with an effective date of August 2, 1970. The final Ordinance 70-6-0 was written to rezone U.S. Survey No. 444 Tract “A” and did not specify Lot B only, instead all of Tract A including Lots A, B, C, and D was rezoned to Industrial via ordinance 70-6-0. Unfortunately for the Holy Resurrection Church by rezoning Lot A the church became a non-conforming structure in the Industrial zoning district. The industrial zoning district does not allow for churches as a permitted nor a conditional use. After the passage of Ordinance 80-24-0 (grandfathering clause) the Church became a legal non-conforming structure. AGENDA ITEM #10.C. Ordinance No. FY2022-15 Rezoning USS 444 TR A Lot A, From I-Industrial D...Page 89 of 370 Case No. 22-009 Public Hearing Date: February 16, 2022 Page 2 Legal non-conforming status has limits: 1. KIBC 17.140.050 D “structures containing nonconforming nonresidential uses may not be expanded” 2. KIBC 17.140.050 G “Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall extinguish the nonconforming use of the land.” The Holy Resurrection Church would like to expand their basement area to better accommodate parishioner needs and most critically they would expect to be able to rebuild the church if it were destroyed. This Church has had a presence on Kodiak Island since the 1790s and plans to continue its presence here indefinitely. AGENDA ITEM #10.C. Ordinance No. FY2022-15 Rezoning USS 444 TR A Lot A, From I-Industrial D...Page 90 of 370 Case No. 22-009 Public Hearing Date: February 16, 2022 Page 3 COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION The lot described in this application has an Industrial/Light Industrial future land use designation in the 2008 Kodiak Island Borough Comprehensive Plan. SUMMARY OF SURROUNDING LAND North East South West Land Use U.S.S. 444 TR A Lot A Institution Industrial Business Institution Zoning U.S.S. 444 TR A Lot A Comprehensive Plan Business Industrial Public Lands and Business Public Lands and Business U.S.S. 444 TR A Lot A Commercial/Business Industrial Open space Public facilities APPLICABLE ZONING 17.105.005 I – Industrial District description and intent. The I industrial zoning district is established as a district in which the principal use of the land is for business, manufacturing, processing, fabricating, repair, assembly, storage, wholesaling, and distributing operations, which may create some nuisance, but which are not properly associated nor compatible with residential land uses. For the industrial zone, in promoting the general purpose of this title, the specific intentions of this chapter are: A. To encourage the construction of and the continued use of the land for business and industrial purposes, B. To prohibit all residential uses of the land not associated with industries and any other land use which would substantially interfere with the development, continuation, or expansion of industry in the zone. C. To concentrate the industrial and business uses within designated areas to protect residential districts from noxious or noisy operations; and D. To encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this chapter. 17.90.010 B - Business District 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. AGENDA ITEM #10.C. Ordinance No. FY2022-15 Rezoning USS 444 TR A Lot A, From I-Industrial D...Page 91 of 370 Case No. 22-009 Public Hearing Date: February 16, 2022 Page 4 APPLICABLE KODIAK ISLAND BOROUGH COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATIONS 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 businesses. Industrial/Light Industrial: This designation covers industrial uses such as warehouses, manufacturing facilities and other uses allowed in the Borough’s industrial and light industrial zones. APPLICABLE KODIAK ISLAND BOROUGH 2008 COMPREHENSIVE PLAN GOALS In this case there are not any applicable plan goals. It is worth noting that the 2008 comprehensive plan does not make any mention of historic structures, their current uses, nor their contribution to the community. This church has had a presence in this location since the late 16th century, it is on the National Register of Historic Places, and it is the oldest active parish of the Eastern Orthodox Church in North America. The reliquary of Saint Herman is a partially special draw for members of the Eastern Orthodox religion, parishioners travel from all over the world to visit this holy relic. This might be a good reason to consider historic places in the next update of the comprehensive plan. APPLICABLE REGULATIONS 17.10.020 Reference and use (Comprehensive Plan). In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. 17.205.010 Authority (Amendments and changes). Whenever the public necessity, convenience, general welfare or good zoning practice requires, the assembly may, by ordinance and after report thereon by the commission and public hearing as required by law, amend, supplement, modify, repeal or otherwise change these regulations and the boundaries of the districts. 17.205.020 Report from planning and zoning commission (Amendments and changes). 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. 17.205.055 Submission to assembly (Amendments and changes). A. Within 30 days after the 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 commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the assembly, the assembly shall act in accordance with this chapter, and notice shall be issued as provided in KIBC 17.205.070 by the clerk. B. If the commission recommends denial of any proposed amendment; its action shall be final unless the initiating party, within 10 days, files a written statement with the clerk requesting that the commission’s action be taken up by the assembly. AGENDA ITEM #10.C. Ordinance No. FY2022-15 Rezoning USS 444 TR A Lot A, From I-Industrial D...Page 92 of 370 Case No. 22-009 Public Hearing Date: February 16, 2022 Page 5 STAFF ANALYSIS AND RECOMMENDATION STAFF ANALYSIS The subject parcel of land USS 444 Tract A Lot A was incorrectly reclassified to I-Industrial zoning district on August 2, 1970. The Orthodox Church in America did not request a rezone and was not a party to the rezone request by the Corporation of the Catholic Archbishop of Anchorage for USS 444 Tract A Lot B. This application for rezone coincided with a time that the Orthodox Church in America was going through administrative changes and likely did not have representation in Kodiak to make any objections to the rezone request. The archived documents show that the original rezone request was for USS 444 Tract A Lot B only (Exhibit A), the public hearing notice for the July 2, 1970, meeting of the KIB Assembly also only included USS Tract A Lot B (Exhibit B). The final Ordinance 70-6-0 did not identify Lot B instead the ordinance reads Tract “A” and consequently authorized a rezone of USS 444 Tract A Lots A, B, C, and D to I-Industrial (Exhibit C). Lot D had already been rezoned to I-Industrial on behalf of the Standard Oil Company via Ordinance 65-9. Lot C was rezoned from I-Industrial to PL-Public Lands via Ordinance 83-30-0. The Holy Resurrection Church has had a presence on Kodiak Island since the 1790’s and a church building has been standing on this same location since before Alaska Statehood, before the Kodiak Island Borough, and predates any zoning regulations. The original zoning district assigned to this parcel was Public and may not have been the correct assignment in the first place, this again was through no fault to the Church. It would be prudent to assign a zoning district that allows for churches and is in character with the existing zoning in this area. B-Business is the likely choice, out of the three main uses in the area, I-Industrial, B- Business and PL-Public Lands, B-Business is the one that allows churches, and would accommodate the Church’s ambition to eliminate its non-conforming status and remain in character with the surrounding land uses. There are also some R3 properties in the area, churches are permitted in R3, but The Holy Resurrection Church building would not conform to R3 requirements and would not be eligible for legal conforming status in the R3 zoning district. Churches are a conditional use in the B-Business district and The Holy Resurrection Church will need a conditional use permit if rezoned to Business. RECOMMENDATION Staff recommends 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 Assembly approve the rezoning of USS 444 Tract A Lot A from I-Industrial to B-Business and to adopt the Findings of Fact found in the staff report dated February 16, 2022, in support of this recommendation. FINDINGS OF FACT 1. The original rezone request Case No. 230-A was made by the Catholic Archbishop of Anchorage, the owner of USS 444 Tract A Lot B Mission Rd for the rezone of Lot B only. 2. The Orthodox Church in America, Inc owns USS 444 Tract A Lot A Mission Rd and did not request a rezone of Lot A to I-Industrial. 3. Ordinance No. 70-6-0 reclassified all of USS 444 Tract A which includes Lots A, B, C, D to I- Industrial. 4. The rezone of the USS 444 Tract A Lot A Mission Rd from I-Industrial to B-Business would allow The Holy Resurrecting Church to apply for a conditional use permit and thereby meet the zoning requirements of the Kodiak Island Borough. AGENDA ITEM #10.C. Ordinance No. FY2022-15 Rezoning USS 444 TR A Lot A, From I-Industrial D...Page 93 of 370 Exhibit AAGENDA ITEM #10.C.Ordinance No. FY2022-15 Rezoning USS 444 TR A Lot A, From I-Industrial D...Page 94 of 370 Exhibit BAGENDA ITEM #10.C.Ordinance No. FY2022-15 Rezoning USS 444 TR A Lot A, From I-Industrial D...Page 95 of 370 Exhibit CAGENDA ITEM #10.C.Ordinance No. FY2022-15 Rezoning USS 444 TR A Lot A, From I-Industrial D...Page 96 of 370 AGENDA ITEM #10.C.Ordinance No. FY2022-15 Rezoning USS 444 TR A Lot A, From I-Industrial D...Page 97 of 370 Mission RdE Marine WaySargent Dr Tagura Rd Mill Bay RdCe n t e r A v e Ka s h e v a r o f f A v e Erskine AveTh i r d A v e F r e d Z h a r o f f M em o r i a l B r i d g e R d Kodiak USS 444 Tract A - Lot A Lot B Lot C Lot D Zoning Multifamily Residential (R3) Industrial (I) Business (B) Public Use Lands (PL) Exhibit D AGENDA ITEM #10.C.Ordinance No. FY2022-15 Rezoning USS 444 TR A Lot A, From I-Industrial D...Page 98 of 370 Exhibit AAGENDA ITEM #10.C.Ordinance No. FY2022-15 Rezoning USS 444 TR A Lot A, From I-Industrial D...Page 99 of 370 Exhibit BAGENDA ITEM #10.C.Ordinance No. FY2022-15 Rezoning USS 444 TR A Lot A, From I-Industrial D...Page 100 of 370 Exhibit CAGENDA ITEM #10.C.Ordinance No. FY2022-15 Rezoning USS 444 TR A Lot A, From I-Industrial D...Page 101 of 370 AGENDA ITEM #10.C.Ordinance No. FY2022-15 Rezoning USS 444 TR A Lot A, From I-Industrial D...Page 102 of 370 Mission RdE Marine WaySargent Dr Tagura Rd Mill Bay RdCe n t e r A v e Ka s h e v a r o f f A v e Erskine AveTh i r d A v e F r e d Z h a r o f f M em o r i a l B r i d g e R d Kodiak USS 444 Tract A - Lot A Lot B Lot C Lot D Zoning Multifamily Residential (R3) Industrial (I) Business (B) Public Use Lands (PL) Exhibit D AGENDA ITEM #10.C.Ordinance No. FY2022-15 Rezoning USS 444 TR A Lot A, From I-Industrial D...Page 103 of 370 NOTICE OF PUBLIC HEARING A public hearing will be held on Thursday, March 17, 2022, at 6:30 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. FY2022-15 Rezoning USS 444 TR A Lot A, From I-Industrial District To B- Business District (P&Z Case No. 22-009). 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 it to the Borough Clerk's Office, 710 Mill Bay Road, Room 234, Kodiak, AK 99615. The form must be received by the Clerk’s Office by 5 p.m. one (1) day before the public hearing. Comments favoring and opposing are encouraged. If you have any questions, please call 486-9310. Attachments: • Map • Public hearing form • Ordinance No. FY2022-15 For those who wish to submit comments after the deadline, you may bring 11 paper copies during the meeting for distribution to the Assembly. Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 clerks@kodiakak.us AGENDA ITEM #10.C. Ordinance No. FY2022-15 Rezoning USS 444 TR A Lot A, From I-Industrial D...Page 104 of 370 Ordinance No. FY2022-15 Rezoning USS 444 TR A Lot A, From I-Industrial District To B- Business District (P&Z Case No. 22-009). AGENDA ITEM #10.C. Ordinance No. FY2022-15 Rezoning USS 444 TR A Lot A, From I-Industrial D...Page 105 of 370 PUBLIC HEARING FORM Ordinance No. FY2022-15 Rezoning USS 444 TR A Lot A, From I-Industrial District To B-Business District (P&Z Case No. 22-009). This is in support of Ordinance FY2022-15. This is in opposition of Ordinance FY2022-15. Other comments. Name: ________________________________________________________________________________ Residence Address: _____________________________________________________________________ Mailing Address: ________________________________________________________________________ Comments: ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ Written comments may be submitted by email to clerks@kodiakak.us, faxed to 907-486-9391, mailed or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 234, Kodiak, AK 99615. The form must be received by the Clerk’s Office by 5 p.m. one (1) day before the public hearing. AGENDA ITEM #10.C. Ordinance No. FY2022-15 Rezoning USS 444 TR A Lot A, From I-Industrial D...Page 106 of 370 KODIAK ISLAND BOROUGH STAFF REPORT MARCH 17, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Contract No. FY2022-35 Harbor Infrastructure Memorandum Of Agreement With The City Of Kodiak For Portland Loo Project Development. ORIGINATOR: Borough Manager, Roxanne Murphy RECOMMENDATION: Move to Authorize the Borough Manager to sign Contract No. FY2022-35 Harbor Infrastructure Memorandum of Agreement For Portland Loo Project Development with the City of Kodiak. DISCUSSION: Following prior Kodiak Island Borough Work Sessions discussions regarding this topic, the Memorandum of Agreement is presented for consideration of allowing the Borough Manager to sign and authorize the agreement for the development and management of Portland Loo modular restrooms with the sole responsibility of the Borough in contributing $153,000 in Commercial Passenger Vessel Excise Tax funding. The City of Kodiak will then complete the project of properly installing the Portland Loo restrooms, and owning, operating and maintaining Portland Loo restrooms after the installation project is complete. ALTERNATIVES: FISCAL IMPACT: $153,00 in Commercial Passenger Excise Tax funding. OTHER INFORMATION: AGENDA ITEM #14.A.1. Contract No. FY2022-35 Harbor Infrastructure Memorandum Of Agreement Wit...Page 107 of 370 The Ci ty C ou nc il authorizedtheMemorandumofAgreement(MOA)withtheCityof Kodiak theKodiakIslandBoroughforaHarborInfrastructureImprovementProject during Janu ary 13,2022,regularmeeting. Plea se sig n andreturnbothoriginaldocumentstotheCityC|erk’soffice.Manager Tven ge wil l thenexecutetheMOAandasignedoriginalwillbereturnedforyourfiles. Of?ceoftheCi_t_XClerk 710MillBayRoad,Room110,Kodiak,Alaska99615 Roxan ne M ur ph y, BoroughManager 710 Mi ll Road Kodiak , 991 5 .§ 2MichelleCMC City Clerk Tele pho ne (907)486-8636IFax(907)486-8633 clerks @city. kodiak .ak.us D ea r Ms . Murphy : Ja n u ar y 27,2022Si n ce re AGENDA ITEM #14.A.1.Contract No. FY2022-35 Harbor Infrastructure Memorandum Of Agreement Wit...Page 108 of 370 AGENDA ITEM #14.A.1.Contract No. FY2022-35 Harbor Infrastructure Memorandum Of Agreement Wit...Page 109 of 370 u'IN I i I.-.._.'- _I _'I .-_.. :-r . 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C.W H E R E A S, thetotalcostforthisprojectforinstallationofmodularrestroomsis esti mate d tobe$232,190;and G.W H E R E A S, theBoroughandCitywishtodelineateresponsibilitiesassetupin the a and R E C I T A P a g e 1of3 AGENDA ITEM #14.A.1.Contract No. FY2022-35 Harbor Infrastructure Memorandum Of Agreement Wit...Page 110 of 370 .H._£._”..._3.1...... ..._uLm__.m...:........___._._....u__..._.._+u......_.._....._...._....._.:_.._.I..._:.:_._.....m..... ..r..........m.._.n_.m......:.._._._...._.u..l.._...__._.-...... —- In -IIIu uuuuulunu -uu?ju?unnu- ................_.__.m_..&..__._._._.._..._..u_.........__._.....L..M_.. n...?.....__.-.-.....—...._._.._u._:.._..."....u_"....:..."_......u.-...._...u._...._.._...........?.1.......H..........?....._m..._...¢...“... -......”_rmH.._.......E_..1.-.H...._m...£m;_..... ..I.n........._.._¢...u.¥_F..._r".u.r.:_.¢._.#.r_sE..........,M.......wig..._....m_.a...L_.__.__.I.._.._..u_u..____h.._._...H .I. ......E_....J_|—...uI..1l....I.w..%.”J. v.%.i.I.Ih....I.—....._.......-....r.......4..............-.....m:_......w,...t._;......... ._..1_...F_:.??..........» .:n_.Ln......L"...£...31.........T.9.w.._w_m............n.._......u:...r?.J. ) Inun H-.?u....-...-"u..".I.._..w.....__................nn...?EJn@:.n:._h.... ._“... .._..._._...._.......T._“.....ra...a...&£.?..m.?.#...n.H.__.b.|...u._._.. ..5.1.-...:.___: I .. 2.. 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Born:_uc:€mmEoobmEu__n:n_of.8?umamm__mmmmcmE newuusbmcou ._u::..___>>36 _._m:9_om.._uE>>mct?mm:__..:oScmEmm._m<V $0 E:UCm._O:.._m_>_mE._. .2m>>oq EmEqo_m>m_uu_Eocoum m_u_>>m?m mhmzeom2:Eva:m_:o:m__.Bm:_ Eoobmm...w_m>>on_mEoo:mm.u__n:aQt mc_n_>oE .u._mg... .35 2.....6 ._mmmcm_>_mg...ucmcmseom .mmmcm_>_.u.__.:con:m>_..umtm __m;mE,....E$:m<2;... .3m_n_Eoum_..um_oE 3:0 .u.Eoo.:.....E ._o..mm_u___n__mcoamm:mucmc3:_mE m::Emn_o c_B:_m_>_m_::_...__mzo._m#_.¢zo:.um_mu_oE:oEm :_..um._o._a8.mc_nc:..>n_u mSn_:.cou __m;m;m:o.om_m_._.<D m_>:uEu_m »zm__>_u$_w<">._._U ".0 m_::.m_mzo._mE 295%a>>o._._Em_$_u<m__E<._m=..._..mEom_E_.:mzo:<:_>__._”zo:<u_u__z_>_moz_6mmo._m:._225%”__mc_mBUAGENDA ITEM #14.A.1.Contract No. FY2022-35 Harbor Infrastructure Memorandum Of Agreement Wit...Page 111 of 370 The Borough agrees to andappearanddefendandholdharmlesstheCity,itselected and appointed officials , a g e n t s , officers,insurers,andemployees,fromandagainstanyandall claims,damages,losse s, co st s andexpenses,includingattorney'sfeesandexpensesincurred, whether or not suit is f i l e andforinjuriestoortheftofproperty,includinglossofuse,injuries to persons,including d e a t h , andfromanyandallotherclaims,suitsorliability,arisingfromor related to the Boroug h's perf orm anc e underthisAgreement,including,butnotlimitedto decisions and activitiest a k e n bytheBoroughwithregardtofundingsourcestakenbythe Borough with regard to sourcesortheprocessforappropriations. This Agreemen t co ns tit ut es theentireagreementbetweentheBoroughandtheCityastothe matters stated h e r e i n . Itsupersedesallpriororalandwrittenunderstandingsandagreements as to such ma tte rs. Itmaybeamended,supplemented,modifiedorcanceledonlybyaduly executed writ ten inst rum ent. ItshallbindtheBoroughandtheCity,itssuccessors,executors, administrators , a ss ig n s andlegalrepresentatives. All prov isio ns ofgrantagreementswiththeAlaskaDCCEDforCARESActfunding,Alaskaand other a g e n c i e s forprojectsoutlinedinthisAgreementarehereinincorporatedasenumerated herein. This willbeterminateduponcompletionoftheproject,provided,however,that Secti on 6ofthisagreementshallsurvivetermination. S E C TI O N 7.ADDITIO NAL AGREEMENT:Roxan ne Mu rph y, ManagerDate Kodia k I s l a n d Boroug h S E C T I O N 9.ENTIREAGREEMENT: By: Michell eCity Cle rk Mike ManagerDate City o f S E C T I O N 8.TERMINA TION: By: Alise Ri ceBoroug h D A T E D thedayandyearlastwrittenbelow.P ag e 3of3 A tt e AGENDA ITEM #14.A.1.Contract No. FY2022-35 Harbor Infrastructure Memorandum Of Agreement Wit...Page 112 of 370 _...... _+......U_._........u..%.m..H._...w....u.._"....... H II1 I IIIIII?IIIIIr...._.._.:r.-...... nun-- =. I ... .._u.....”..3...-.. 1 H ..l.._.......aw.I. .uL._..1..n............ .I.......u........m?....I... ..a_....__...”....__...H...._..._......?.a......_......._.....____..”..__..F......_._n.._._-....__.“...u.....»..%:..mE.3._.........:..u.....-..._..._...._.........1%....u...... .LEm....?...._................... E.I..l.........?1j..II—.?E..... ......"..n...ru...IJHIL.|......_.“....r........._._F..._..__...._....... .......... 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[E..."........-_........H-.."...........m.I?..|...".....u.u._."_.___..L......._..r....u....L_...In_..?_.._w_...__.1._._..l.._....an....._........|......._F..—.1_.u.:.._....I?.._......1..I._....._.l..h.._n...u.|r?._._--.L...1.......-..P...r_.-.E... .I...AGENDA ITEM #14.A.1.Contract No. FY2022-35 Harbor Infrastructure Memorandum Of Agreement Wit...Page 113 of 370 Ruund Island ‘&\n Kodiak Thins’0" Kndiak Water Egc\1.rsio?_k I,‘ ,-:0r'4'\ m unw a mum a mu r u-um AGENDA ITEM #14.A.1.Contract No. FY2022-35 Harbor Infrastructure Memorandum Of Agreement Wit...Page 114 of 370 AGENDA ITEM #14.A.1.Contract No. FY2022-35 Harbor Infrastructure Memorandum Of Agreement Wit...Page 115 of 370 AGENDA ITEM #14.A.1.Contract No. FY2022-35 Harbor Infrastructure Memorandum Of Agreement Wit...Page 116 of 370 AGENDA ITEM #14.A.1.Contract No. FY2022-35 Harbor Infrastructure Memorandum Of Agreement Wit...Page 117 of 370 KODIAK ISLAND BOROUGH STAFF REPORT MARCH 17, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the Required Documentation with the United States Department of Agriculture (USDA), Rural Utility Services (RUS) for a Low Interest Loan in the Amount of $4,810,000.00 at a 1.75% interest rate for a term of 40 years. This loan is for the Design Engineering, Construction Administration, Construction and Contingency for both the Stage 3 Closure Project and the Leachate Pretreatment Facility Addition Project. ORIGINATOR: Engineering and Facilities Director, Dave Conrad RECOMMENDATION: Move to Approve Resolution No. FY2022-24. DISCUSSION: The Kodiak Island Borough (KIB) has applied and worked with the Staff of the USDA in Alaska for a grant and/or loan for the design, construction administration, predevelopment site work, construction and contingency for two projects, the Stage 3 Closure and the Leachate Pretreatment Construction Facility Addition. These two projects have been researched, designed and approved by the Alaska Department of Environmental Conservation (ADEC) in an effort to comply with the Compliance Order By Consent (COBC) requirements to correct deviations and infractions from the requirements of the operating permits at the Kodiak Island Borough Landfill. Both projects have been approved for construction by the ADEC. ALTERNATIVES: Reject the USDA Loan and find alternative funding. FISCAL IMPACT: The USDA Loan will allow the cost of the required, approved work to be paid over a 40 years period. The low interest rate and loan term will allow for an elongated payoff period reducing the short term cost requirements for the rate payers of the KIB. OTHER INFORMATION: AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 118 of 370 Introduced by: David Conrad 1 Drafted by: David Conrad 2 Introduced on: 3/10/2022 3 Adopted on: xx/xx/xxxx 4 5 KODIAK ISLAND BOROUGH 6 RESOLUTION NO. FY2022-24 7 8 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ACCEPTING A LOAN 9 AGREEMENT WITH THE UNITED STATES DEPARTMENT OF AGRICULTURE (USDA), RURAL 10 UTILITY SERVICE (RUS) FOR A LOW INTEREST LOAN IN THE AMOUNT OF $4,810,000.00 AT AN 11 INTEREST RATE OF 1.75% FOR A 40 YEAR TERM FOR THE FUNDING OF THE STAGE 3 CLOSURE 12 AND LEACHATE PLANT PRETREATMENT FACILITY AND EQUIIPMENT CAPITOL PROJECTS. 13 14 WHEREAS, the Kodiak Island Borough has received and agreed to the Compliance Order By Consent 15 (COBC) issued by the Alaska Department of Environmental Conservation associated with a variety of 16 discrepancies and non-compliance issues associated with the Landfill Operating Permits; and 17 18 WHEREAS, The COBC’s require the Borough to successfully correct the discrepancies and comply 19 with the Landfill Operating Permits by the 2026 permit renewal dates; and 20 21 WHEREAS, accepting the loan from USDA will allow the Borough to complete the projects and satisfy 22 the requirements of the COBC without putting undue burden on Borough taxpayers; and 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that 25 the Borough Manager is authorized to execute any and all documents required by USDA to reflect the 26 indebtedness, the terms of its repayment, and any security therefore, including but not limited to an 27 agreement for the loan and a promissory note. 28 29 30 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 31 32 THIS ______ DAY OF __________________, 2022 33 34 35 KODIAK ISLAND BOROUGH ATTEST: 36 37 38 39 40 41 __________________________ _________________________ 42 William Roberts, Mayor Alise L Rice, Borough Clerk 43 44 Kodiak Island Borough, Alaska Resolution No. FY2022-24 45 Deletion – Red, Strikeout Page 1 of 1 46 Insertion – Bold 47 2nd Insertion - Green Version 1 48 49 50 VOTES: 51 Ayes: 52 Noes: 53 AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 119 of 370 USDA is an equal opportunity provider and employer. If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Discrimination Complaint Form (PDF), found online at http://www.ascr.usda.gov/complaint_filing_cust.html, or at any USDA office, or call (866) 632-9992 to request the form. You may also write a letter containing all of the information requested in the form. Send your completed complaint form or letter to us by mail at U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, by fax (202) 690-7442 or email at program.intake@usda.gov. Rural Development Alaska State Office 800 E. Palmer-Wasilla Hwy, Suite 201 Palmer, AK 99645 Voice 907.761.7770 Fax 855.201.1074 February 10, 2022 Bill Roberts, Borough Mayor Kodiak Island Borough 710 Mill Bay, Room 234 Kodiak, AK 99615 SUBJECT: Letter of Conditions Kodiak Borough Class 1 Landfill Project Recipient Name Kodiak Island Borough (KIB): 159043244 Project Name: KIB FFY22 Landfill CFDA NUMBER – 10.760 RUS Loan: $4,810,000 Borough of Kodiak: $126,000 Dear Mayor Roberts: This letter establishes conditions which must be understood and agreed to by you before further consideration may be given to your application. The loan and grant will be administered on behalf of the Rural Utilities Service (RUS) by the State and Area staff of USDA Rural Development (RD), both of which are referred to throughout this letter as the Agency. Any changes in project cost, source of funds, scope of project, or any other significant changes in the project or applicant must be reported to and concurred with by the Agency by written amendment to this letter. This includes any significant changes in the Applicant’s financial condition, operation, organizational structure or executive leadership. Any changes made without Agency concurrence shall be cause for discontinuing processing of the application. This letter does not constitute loan or grant approval, nor does it ensure that funds are or will be available for the project. The funding is being processed on the basis of a loan not to exceed $4,810,000. The loan will be considered approved on the date Form RD 1940- 1, “Request for Obligation of Funds” is signed by the Agency approval official. The applicant will ensure projects are completed in a timely, efficient, and economical manner. You must meet all conditions set forth under Section III – Requirements Prior to Advertising for Bids within 1 year of this letter. If you do not meet the conditions of this letter, the Agency reserves the right to withdraw Agency funding. If you agree to meet the conditions set forth in this letter and desire further consideration, be given to your application, please complete and return the following forms within 15 AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 120 of 370 2 days: Form RD 1942-46, “Letter of Intent to Meet Conditions” Form RD 1940-1, “Request for Obligation of Funds” All parties may access information and regulations referenced in this letter at our website located at https://www.rd.usda.gov/programs-services/water-environmental-programs/water-waste- disposal-loan-grant-program. The conditions are as follows: SECTION I - PROJECT SCOPE 1. Project Description – Funds will be used to add a soil and membrane cover to cap an existing landfill cell to reduce the amount of leachate produced. The second portion of the project is to address the chemical composition of the landfill leachate to address calcium carbonate concentrations and wastewater discharge ammonia exceedances. Facilities will be designed and constructed in accordance with sound engineering practices and must meet the requirements of Federal, State, and local agencies. The proposed facility design must be based on the Preliminary Engineering Report (PER), prepared by Jacobs Engineering dated December 2020, as concurred with by the Agency. 2. Project Funding – The Agency is offering the following funding for your project: RUS Loan - $ 4,810,000 This offer is based upon the following additional funding being obtained. Kodiak Island Borough - $ 126,000 TOTAL PROJECT COST $4,936,000 Any changes in funding sources following obligation of Agency funds must be reported to the processing official. Prior to loan closing, any increase in non-Agency funding will be applied first as a reduction to Agency grant funds, up to the total amount of the grant, and then as a reduction to Agency loan funds. The applicant must certify that they have exhausted all other funding avenues and have no pending funding considerations from any other sources. Further, the applicant must certify that they do not intend to apply anywhere else for funding for this project. If, after obligation of Agency funds, other funding becomes available, the Agency reserves the right to deobligate any and all funding for this project and to re-underwrite. This may result in the offering of a different funding package to for this project. Prior to advertisement for construction bids, you must provide evidence of applicant contributions and other funding sources. This evidence should include a copy of the commitment AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 121 of 370 3 letter. Agency funds will not be used to pre-finance funds committed to the project from other sources. 3. Project Budget – Funding from all sources has been budgeted for the estimated expenditures as follows: Project Costs: Total Budgeted: Stage 3 Closure $2,324,500 Engineer-Stage 3 Closure – Design $75,500 Engineer – Construction Administration $82,000 Predevelopment site work $5,000 Stage 3 Closure Construction $1,922,000 Contingency $240,000 Leachate Pretreatment Facility (LTP) $2,611,500 LTP Pretreatment Facility final Design $182,400 Engineer- Construction Administration $255,500 LTP Pretreatment Facility Construction $1,931,500 Contingency $242,100 TOTAL $4,936,000 Project feasibility and funding will be reassessed if there is a significant change in project costs after bids are received. Obligated loan and/or grant funds not needed to complete the proposed project will be deobligated. Any reduction will be applied to Agency grant funds first. If actual project costs exceed the project cost estimates, an additional contribution by the Owner may be necessary. An “Amended Letter of Conditions” will be issued for any changes to the total project budget. 4. Project Timeline – To ensure that the project proceeds in a timely manner, key processing milestones have been established in accordance with the PER or other Agency approved documentation. Projects should be completed, and Agency funds fully disbursed within three years of obligation. By agreeing to the terms herein, you agree to comply with the milestones identified below. If, for any reason, one or more of the milestones cannot be met, you must notify the Agency in writing at least 30 days prior to the referenced date. Should your final completion date become more than three years after obligation the written request will follow the procedures outlined in Section VI of this letter, including the submission of not less than 90 days prior to the benchmark. The correspondence must contain a valid explanation as to why the milestone cannot be met and include a proposed revised project completion schedule. If the Agency agrees to the modification, a written confirmation will be issued. The Agency reserves the right to de-obligate loan and/or grant funds, or take other appropriate action, if the established or amended deadlines are not met. SECTION II – RATES & TERMS AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 122 of 370 4 5. Interest Rates and Loan Terms – The interest rate will be the lower of the rate in effect at the time of loan approval or the time of loan closing, unless you request otherwise. Should the interest rate be reduced, the payment will be recalculated to the lower amount. The payment due date will be established as the day that the loan closes. Your loan will be scheduled for repayment over a period of 40 years. Payments will be equal annual amortized installments, beginning year after closing. For planning purposes, use a 1.75% interest which provides for an annual payment of $134,778. The precise payment amount will be based on the interest rate at which the loan is closed and may be different than the one above. 6. Security – The loan will be secured by a Revenue bond with first lien or parity position in the amount of $4,810,000. The bond will be fully registered as to both principal and interest in the name of the “United States of America, Acting through the United States Department of Agriculture.” Bond Counsel will be utilized in preparation of these documents. The bond and any ordinance or resolution relating thereto must not contain any provision in conflict with the Agency Loan Resolution, applicable regulations, or associated laws. There must be no defeasance or refinancing clause in conflict with the graduation requirements of 7 U.S.C. 1983. If the loan will be on parity with the State of Alaska Department of Environmental Conservation, the bond must specify that, in the event of default, each lender will be affected on a proportionate basis. Additional security requirements are contained in RUS Bulletin 1780-27, “Loan Resolution (Public Bodies) and RUS Bulletin 1780-12, “Water and Waste System Grant Agreement”. A draft of all security instruments, including draft bond resolution, must be reviewed and concurred in by the Agency prior to advertising for bids. Bond/loan resolutions must be duly adopted and executed prior to loan closing. 7. Reserves – Reserves must be properly budgeted and set aside to maintain the financial viability and sustainability of any operation. Reserves are important to fund unanticipated emergency repairs, to assist with debt service should the need arise, and for the replacement of assets which have a useful life less than the repayment period of the loan. The following reserves are required to be established as a condition of this loan: a. Debt Service Reserve – As a part of this Agency loan proposal, you must establish a debt service reserve fund equal to at least one annual loan installment that accumulates at the rate of 10% of one annual payment per year for ten years or until the balance is equal to one annual loan payment. For planning purposes, 10% of the proposed loan installment would equal $1,402,12 per month; this amount should be deposited monthly until a total of $168,254 has accumulated. Prior written concurrence from the Agency must be obtained before funds may be withdrawn from this account during the life of the loan. When funds are withdrawn during the life of the loan, deposits will continue as designated above until the fully funded amount is reached. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 123 of 370 5 b. Short-Lived Asset Reserve – In addition to the debt service reserve fund, you must establish a short-lived asset reserve fund. Based on the PER, you must deposit at least $166,982 into the short-lived asset reserve fund annually for the life of the loan to pay for repairs and/or replacement of major system assets. It is your responsibility to assess your facility’s short-lived asset needs on a regular basis and adjust the amount deposited to meet those needs. SECTION III –REQUIREMENTS PRIOR TO ADVERTISING FOR BIDS 8. Organization – The Bond Counsel transcripts of proceedings must show that your organization is a duly incorporated public body and has continued legal existence. Your organization must have the authority to own, construct, operate, and maintain the proposed facility, as well as for borrowing money, pledging security and raising revenues. 9. Suspension and Debarment Screening – You will be asked to provide information on the principals of your organization. Agency staff must conduct screening for suspension and debarment of the entity, as well as its principals through the Do Not Pay Portal. a. Principal – i. An officer, director, owner, partner, principal investigator, or other person within a participant with management or supervisory responsibilities related to a covered transaction; or ii. A consultant or other person, whether or not employed by the participant or paid with federal funds, who – 1. Is in a position to handle federal funds. 2. Is in a position to influence or control the use of those funds; or, 3. Occupies a technical or professional position capable of substantially influencing the development or outcome of an activity required to perform the covered transaction. (2 CFR §180.995) 10. Environmental Requirements – At the conclusion of the proposal’s environmental review process, specific action(s) were determined necessary to avoid or minimize adverse environmental impacts. As outlined in the Environmental Report (ER) dated July 2011, the following actions are required for successful completion of the project and must be adhered to during project design and construction: • Disturbance to birds will be avoided by following the USFWS’ Land Clearing Timing Guidance for Alaska. • Workers will be instructed that if an active nest is encountered, such as on construction equipment, attached to buildings, or on the ground, it must be left in place and undisturbed until the young hatch and depart. • Dispose of leftover excavated material and construction and demolition waste in an Alaska Department of Environmental Conservation- (ADEC) permitted solid waste facility, such as the Class I Landfill, which accepts ash, construction and demolition, inert, and municipal wastes. • Provide spill response materials to construction crews and ensure construction crews are trained to prompt respond to spills. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 124 of 370 6 • If hazardous materials are spilled or discovered during excavation, report the spill or discovery to ADEC’s Spill Prevention and Response (SPAR) Division. • Avoid excessive idling of construction equipment. • If soils are temporarily disturbed, re-vegetation will occur to stabilize them. • Best Management Practices must be utilized during construction to minimize or avoid potential impacts to water quality of other resources. • Emissions from vehicles and equipment must be maintained below applicable state and local emission control plans. • Fugitive dust from construction activities must be reduced during construction by use of water or other dust control measures. • Construction must be limited to waking hours to reduce noise impacts (10 hours). • If necessary, a Storm Water Pollution and Prevention Plan and Notice of Intent and National Pollutant Discharge Permit must be completed/obtained. • If necessary, a construction waste burial permit will be obtained, or the waste may be hauled back to an approved facility. • Proper sedimentation and erosion control construction techniques will be used. • In the event historic artifacts are discovered, all work must be stopped immediately, and appropriate agencies must be contacted The project, as proposed, has been evaluated to be consistent with the National Environmental Policy Act. Other Federal, State, tribal, and local laws, regulations and/or permits may apply or be required. If the project or any project element deviates from or is modified from the originally approved project, additional environmental review may be required. 11. Engineering Services – You have been required to complete an Agreement for Engineering Services, which should consist of the Engineers Joint Contract Documents Committee (EJCDC) documents as indicated in RUS Bulletin 1780-26, “Guidance for the Use of EJCDC Documents on Water and Waste Projects with RUS Financial Assistance,” or other approved form of agreement. The Agency will provide concurrence prior to advertising for bids and must approve any modifications to this agreement. 12. Contract Documents, Final Plans, and Specifications- All development will be completed by contract in accordance with applicable provisions of RUS Instruction 1780, Subpart C – Planning, Designing, Bidding, Contracting, Constructing and Inspections, (copy available upon request), and in compliance with all statutory requirements. You are responsible to share this with your engineer before pre-design. a. The plans and specifications and all proposals required by law must be approved by The State of Alaska Department of Environmental Conservation. b. In preparing final design and providing service to the planned project area, you and your engineer will comply with all zoning and planning requirements of the appropriate governing bodies where service is to be provided. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 125 of 370 7 c. The Agency will need to concur in the plans and specifications prior to advertising for bids. The Agency may require an updated cost estimate if a significant amount of time has elapsed between the original project cost estimate and advertising for bids. d. The use of any procurement method other than competitive sealed bids must be requested in writing and approved by the Agency. e. The contract documents must consist of the EJCDC construction contract documents as indicated in RUS Bulletin 1780-26 or other Agency-approved forms of agreement. f. American Iron and Steel Requirements. Section 746 of Title VII of the Consolidated Appropriations Act of 2017 (Division A - Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2017) and subsequent statutes mandating domestic preference applies the American Iron and Steel (AIS) requirement to obligations made after May 5, 2017: (1) No Federal funds made available for this fiscal year for the rural water, wastewater, waste disposal, and solid waste management programs authorized by the Consolidated Farm and Rural Development Act (7 U.S.C. 1926 et seq.) shall be used for a project for the construction, alteration, maintenance, or repair of a public water or wastewater system unless all of the iron and steel products used in the project are produced in the United States. (2) The term “iron and steel products” means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. (3) The requirement shall not apply in any case or category of cases in which the Secretary of Agriculture (in this section referred to as the “Secretary”) or the designee of the Secretary finds that— (a) applying the requirement would be inconsistent with the public interest. (b) iron and steel products are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (c) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. (4) Owners are ultimately responsible for compliance with AIS requirements (as defined in RUS Bulletin 1780-35). (a) Sign loan resolutions, grant agreements and letters of intent to meet conditions which include AIS language, accepting AIS requirements in those documents and in the letter of conditions. (b) Sign agreements for engineering services, executed construction contracts and all other appropriate and necessary documents which include AIS language. Change Orders and Partial Payment Estimates: Acknowledge responsibility for compliance with AIS requirements by signing change orders (EJCDC C-941) and partial payment estimates (EJCDC C-620). (c) Substantial completion of project: Obtain the certification letters from the consulting engineer and maintain this documentation for the life of the loan. (d) Special Cases i. Where Owner provides their own engineering, the Owner’s responsibilities will include items listed in Section 5 of RUS Bulletin 1780-35. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 126 of 370 8 ii. Where Owner performs their own construction, the Owner’s responsibilities will include items listed in Section 6 of RUS Bulletin 1780-35. iii. Where Owner directly procures AIS products, Owner must utilize EJCDC Procurement Series standard contract documents following RUS Bulletin 1780-26 Exhibit D and obtain manufacturers’ certifications and provide copies to Engineer and Contractor. 13. Legal Services –A legal services agreement is required with your attorney and bond counsel, if applicable, for any legal work needed in connection with this project. The agreement should stipulate an hourly rate for the work, with a “not to exceed” amount for the services, including reimbursable expenses. RUS Bulletin 1780-7, “Legal Services Agreement,” or similar format may be used. The Agency will provide concurrence prior to advertising for bids. Any changes to the fees or services spelled out in the original agreement must be reflected in an amendment to the agreement and have prior Agency concurrence. 14. Property Rights - Prior to advertising for bids, you and your legal counsel must furnish satisfactory evidence that you have adequate continuous and valid control over the lands and rights-of-way needed for the project. Acquisitions of necessary land and rights must be accomplished in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act. Such control over the lands and rights will be evidenced by the following: a. Right-of-Way Map – Your engineer will provide a map clearly showing the location of all lands and rights-of-way needed for the project. The map must designate public and private lands and rights and the appropriate legal ownership thereof. b. Form RD 442-20, “Right-of-Way Easement” – This form, or similar format, may be used to obtain any necessary easements for the proposed project. c. Form RD 442-21, “Right-of-Way Certificate” – You will provide a certification on this form that all right-of-way requirements have been obtained for the proposed project. d. Form RD 442-22, “Opinion of Counsel Relative to Rights-of-Way” – Your attorney will provide a certification and legal opinion on this form addressing rights-of-way, easements, and title. The approving official may waive title defects or restrictions, such as utility easements, that do not adversely affect the suitability, successful operation, security value, or transferability of the facility. Any such waivers must be provided by the approving official in writing prior to closing or the start of construction, whichever occurs first. You are responsible for the acquisition of all property rights necessary for the project and for determining that prices paid are reasonable and fair. The Agency may require an appraisal by an independent appraiser or Agency employee in order to validate the price to be paid. 15. System Policies, Procedures, Contracts, and Agreements – The facility must be operated on a sound business plan which involves adopting policies, procedures, and/or ordinances outlining the conditions of service and use of the proposed system. Mandatory connection policies should be used where enforceable. The policies, procedures, and/or ordinances must contain an effective collection policy for accounts not paid in full within a specified number of AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 127 of 370 9 days after the date of billing. They should include appropriate late fees, specified timeframes for disconnection of service, and reconnection fees. A draft of these policies, procedures, and/or ordinances must be submitted for Agency review and concurrence, along with the documents below, before closing instructions may be issued unless otherwise stated. a. Conflict of Interest Policy – Prior to obligation of funds, you must certify in writing that your organization has in place up-to-date written standards of conduct covering conflict of interest. The standards of conduct must include disciplinary actions in the event of a violation by officers, employees, or agents of the borrower. The standards identified herein apply to any parent, affiliate or subsidiary organization of the borrower that is not a state or local government, or Indian Tribe. Policies and accompanying documents shall be furnished to Rural Development upon request. You must also submit a disclosure of planned or potential transactions related to the use of Federal funds that may constitute or present the appearance of personal or organizational conflict of interest. Disclosure must be in the form of a written letter signed and dated by the applicant’s official. A negative disclosure in the same format is required if no conflicts are anticipated. Sample conflict of interest policies may be found at the National Council of Nonprofits website, https://www.councilofnonprofits.org/tools-resources/conflict-of-interest, or in Internal Revenue Service Form 1023, Appendix A, “Sample Conflict of Interest Policy,” at http://www.irs.gov/pub/irs-pdf/i1023.pdf. Though these examples reference non-profit corporations, the requirement applies to all types of Agency borrowers. Assistance in developing a conflict of interest policy is available through Agency- contracted technical assistance providers if desired. Fully executed copies of any policies, procedures, ordinances, contracts, or agreements above must be submitted prior to loan closing, with the exception of the conflict of interest policy, which must be in place prior to obligation of funds. 16. Closing Instructions – The Agency will prepare closing instructions as soon as the requirements of the previous paragraphs are complete, as well as a draft of the security instrument(s). Both your bond and legal counsel must comply with these instructions when closing the Agency loan/grant. will change over each successive year and user rates will need to be adjusted on a regular basis. Before the Agency can agree to the project being advertised for construction bids, you must certify that the number of users indicated at application are currently using the system or signed up to use the system once it is operational. If the actual number of existing and/or proposed users that have signed up for service is less than the number indicated at the time of application, you must provide the Agency with a written plan on how you will obtain the necessary revenue to adequately cash flow the expected operation, maintenance, debt service, and reserve requirements of the proposed project (e.g., increase user AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 128 of 370 10 rates, sign up an adequate number of other users, reduce project scope, etc.). Similar action is required if there is cause to modify the anticipated flows or volumes presented following approval. 18. Construction Account – A separate construction account, subject to Agency audit, will be established for deposit of all project funds. These funds must be deposited in a bank with Federal Deposit Insurance Corporation (FDIC) insurance coverage. If the balance in the account containing these funds exceeds the FDIC insurance coverage, the excess amount must be collaterally secured. A separate account will not be required for Federal funds and other funds; however, the recipient must be able to separately identify, report and account for all Federal funds, including the receipt, obligation and expenditure of funds. Financial institutions or depositaries accepting deposits of public funds and providing other financial agency services to the Federal Government are required to pledge adequate, acceptable securities as collateral, in accordance with 202.6, 31 CFR Part 202. All funds in the account will be secured by a collateral pledge equaling at least 100 percent of the highest amount of funds expected to be deposited in the construction account at any one time. 19. Interim Financing – The Agency’s policy is to utilize interim financing for all loans exceeding $500,000. Prepayment penalties on interim financing are not allowed. Borrowers are required to seek interim financing initially from private or cooperative lenders if funds can be borrowed at reasonable interest rates on an interim basis from those sources for the construction period. The fact that a commercial lender’s rates are higher than current Agency interest rates does not necessarily mean that the commercial rate is not reasonable. 20. Proposed Operating Budget – You must establish and/or maintain a rate schedule that provides adequate income to meet the minimum requirements for operation and maintenance (O&M), debt service, and reserves. Prior to advertising for bids, you must submit a proposed annual operating budget to the Agency, as well as your proposed rate schedule. The operating budget should be based on a typical year cash flow after completion of the construction phase and should be signed by the appropriate official of your organization. Form RD 442-7, “Operating Budget,” or similar format may be utilized for this purpose. It is expected that O&M expenses will change over each successive year and user rates will need to be adjusted on a regular basis. Technical assistance is available at no cost to help you evaluate and complete a rate analysis on your system. This assistance is available free to your organization. If you are interested, please contact our office for information. 21. Permits –The owner or responsible party will be required to obtain all applicable permits for the project, prior to advertising for bids. The consulting engineer must submit written evidence that all applicable permits required prior to construction have been obtained with submission to the Agency of the final plans, specifications, and bid documents. 23. Bid Authorization - Once all the conditions outlined in Section III of this letter have been met, the Agency will authorize you to advertise the project for construction bids. Such advertisement must be in accordance with applicable State statutes. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 129 of 370 11 SECTION IV - REQUIREMENTS PRIOR TO START OF CONSTRUCTION 24. Disbursement of Agency Funds - Agency funds will be disbursed electronically into the construction account as they are needed. SF 3881, “ACH Vendor/Miscellaneous Payment Enrollment Form,” must be completed and submitted to the Agency prior to commencement of construction. The order of disbursement is as follows: 1) Applicant contribution, 2) other funding sources, 3) interim financing or Agency loan funds, and 4) Agency grant funds. Interim financing or Agency loan funds will be expended after all other funding sources unless a written agreement is reached with all other funding sources on how funds are to be disbursed prior the first disbursement. Interim financing funds or Agency loan funds must be used prior to the use of Agency grant funds. Agency Grant funds must not be disbursed prior to loan funds except as authorized in 7 CFR 1780.45(d). Grant funds are to be deposited in an interest-bearing account (exception provided below) in accordance with 2 CFR Part 200 and interest in excess of $500 per year remitted to the Agency. The funds should be disbursed by the recipient immediately upon receipt, and there should be little interest accrual on the Federal funds. Recipients shall maintain advances of Federal funds in interest-bearing accounts, unless: • The recipient receives less than $120,000 in Federal awards per year. • The best reasonably available interest-bearing account would not be expected to earn interest in excess of $500 per year on Federal cash balances. • The depository would require an average or minimum balance so high that it would not be feasible within the expected Federal and non-Federal cash resources. • A foreign government or banking system prohibits or precludes interest-bearing accounts. 25. Bid Tabulation – Immediately after bid opening, you must provide the Agency with the bid tabulation and your engineer’s evaluation of bids and recommendations for contract awards. If the Agency agrees that the construction bids received are acceptable, adequate funds are available to cover the total project costs, and all the requirements of Section III of this letter have been satisfied, the Agency will authorize you to issue the Notice of Award. a. Cost Overruns – If bids are higher than expected, or if unexpected construction problems are encountered, you must utilize all options to reduce cost overruns. Negotiations, redesign, use of bidding alternatives, rebidding or other means will be considered prior to commitment of subsequent funding by the Agency. Any requests for subsequent funding to cover cost overruns will be contingent on the availability of funds. Cost overruns exceeding 20 percent of the development cost at time of loan or grant approval or where the scope of the original purpose has changed will compete for funds with all other applications on hand as of that date. b. Excess Funds - If bids are lower than anticipated at time of obligation, excess funds must be deobligated prior to start of construction except in the cases addressed in this AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 130 of 370 12 paragraph. In cases where the original PER for the project included items that were not bid, or were bid as an alternate, the State Office official may modify the project to fully utilize obligated funds for those items. Amendments to the PER, ER, and Letter of Conditions may be needed for any work not included in the original project scope. In all cases, prior to start of construction, excess funds will be deobligated, with grant funds being deobligated first. Excess funds do not include contingency funds as described in this letter. 26. Suspension and Debarment Screening – In accordance with 2 CFR Part 180, Subpart C, as a condition of the transaction and the responsibilities to persons at the next lower tier with whom you enter into transactions, you must conduct screening for suspension and debarment of lower tier recipients (e.g., vendors, contractors, etc.). 27. Contract Review – Your attorney will certify that the executed contract documents, including performance and payment bonds, if required, are adequate and that the persons executing these documents have been properly authorized to do so in accordance with 7 CFR 1780.61(b). Once your attorney has certified that they are acceptable, the contract documents will be submitted to the Agency for concurrence. Construction cannot commence until the Agency has concurred in the construction contracts. 28. Final Rights of Way – Your attorney or title company must furnish a separate final title opinion or Title Insurance Policy on all real property related to the facility, now owned and to be acquired for this project, as of the day of loan closing or start of construction, whichever occurs first. Form RD 1927-10, “Final Title Opinion” may be used. If any of the right-of-way forms listed previously in this letter contain exceptions that do not adversely affect the suitability, successful operation, security value, or transferability of the facility, the approving official must provide a written waiver prior to the issuance of the Notice to Proceed. 29. Insurance and Bonding Requirements - Prior to the start of construction or loan closing, whichever occurs first, you must acquire and submit to the Agency proof of the types of insurance and bond coverage for the borrower shown below. The use of deductibles may be allowed, providing you have the financial resources to cover potential claims requiring payment of the deductible. The Agency strongly recommends that you have your engineer, attorney, and insurance provider(s) review proposed types and amounts of coverage, including any exclusions and deductible provisions. It is your responsibility and not that of the Agency to assure that adequate insurance and fidelity bond coverage is maintained. a. General Liability Insurance – Include vehicular coverage. b. Workers’ Compensation – In accordance with appropriate State laws. c. Guaranty or Fidelity Insurance–Coverage for all persons who have access to funds, including persons working under a contract or management agreement. Coverage may be provided either for all individual positions or persons, or through “blanket” coverage AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 131 of 370 13 providing protection for all appropriate employees. Each position is to be insured in an amount equal to the maximum amount of funds expected to be under the control of that position at any one time. The minimum coverage allowed will be an amount equal to the total annual debt service payment on the Agency loans. The coverage may be increased during construction based on the anticipated monthly advances. d. National Flood Insurance - If the project involves acquisition or construction in a designated special flood area, the community in which the acquisition or construction is situated must be currently participating in the national flood insurance program. Additionally, if the project involves acquisition or constriction in designated special flood or mudslide prone areas, a flood insurance policy must be in place at the time of loan closing. e. Real Property Insurance – Fire and extended coverage will normally be maintained on all structures except reservoirs, pipelines and other structures if such structures are not normally insured, and subsurface lift stations except for the value of electrical and pumping equipment. The Agency will be listed as mortgagee on the policy when the Agency has a lien on the property. Prior to the acceptance of the facility from the contractor(s), you must obtain real property insurance (fire and extended coverage) on all facilities identified above. The Agency is to be listed as “Other Insured” so as to receive notifications on all insurance, regardless of security. Insurance types described above are required to be continued throughout the life of the loan. See Section VII. 31. Initial Civil Rights Compliance Review – The Agency will conduct an initial civil rights compliance review of the borrower prior to loan closing or start of construction, whichever occurs first, in accordance with 7 CFR 1901, Subpart E. You are expected to comply with the completion of the review, including the furnishing of any documents, records, or other applicable material. SECTION V – REQUIREMENTS PRIOR TO CLOSING 32. Interim Financing. Interim financing is being used. Generally, loan closing will occur near the end of construction when interim funds are fully disbursed. Documents detailed above from Sections II and III regarding security, electronic payments (Form 3550-28), and system policies, procedures, contracts, and agreements must be adopted and/or executed and submitted to the Agency prior to loan closing. 33. Electronic Payments – Payments will be made through an electronic preauthorized debit system. You will be required to complete Form RD 3550-28, “Authorization Agreement for Preauthorized Payments,” for all new and existing indebtedness to the Agency prior to loan closing. 34. Other Requirements – All requirements contained in the Agency’s closing instructions, as well as any requirements of your bond counsel and/or attorney, must be met prior to loan closing. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 132 of 370 14 a. System for Award Management. You will be required to maintain a Dun and Bradstreet Data Universal Numbering System (DUNS) number and maintain an active registration in the System for Award Management (SAM) database. Renewal can be completed online at: http://sam.gov. This registration must be renewed and revalidated every 12 months for as long as there is an active loan, grant, or guaranteed loan with the Agency. To ensure the information is current, accurate and complete, and to prevent the SAM account expiration, the review and updates must be performed within 365 days of the activation date, commonly referred to as the expiration date. The registration process may take up to 10 business days. (See 2 CFR Part 25 and the “Help” section at http://sam.gov). b. Litigation. You are required to notify the Agency within 30 days of receiving notification of being involved in any type of litigation prior to loan closing or start of construction, whichever occurs first. Additional documentation regarding the situation and litigation may be requested by the Agency. c. Certified Operator. Evidence must be provided that your system has or will have a certified operator, as defined by applicable State or Federal requirements, available prior to the system becoming operational, or that a suitable supervisory agreement with a certified operator is in effect. SECTION VI – REQUIREMENTS DURING CONSTRUCTION AND POST CONSTRUCTION 35. Construction Completion Timeframe – Following the benchmarks established in Section I, Item 4, Project Timeline, all projects should be completed, and Agency funds fully disbursed within three years of the date of obligation. If funds are not disbursed within three years of obligation and you have not already done so per Section I, Item 4, you must submit a written request for extension of time to the Agency with adequate justification of the circumstances, including any beyond your control. The request must be submitted at least 90 days prior to the end of the three-year timeframe and include a revised estimated date of completion. The Agency will typically only allow one extension. Subsequent requests for waivers beyond the initial extension or requests that exceed five years from the initial date of obligation will be submitted to the RUS, Water and Environmental Programs for consideration. The Agency retains the right to de-obligate any loan and/or grant monies, or take other appropriate action, related to unliquidated funds that exceed the timeframes above and are not under an active extension. 36.Resident Inspector(s) – Full-time inspection is required unless you request an exception. Such requests must be made in writing and the Agency must provide written concurrence. Inspection services are to be provided by the consulting engineer unless other arrangements are requested in writing and concurred with by the Agency. A resume of qualifications of any resident inspector(s) will be submitted to the owner and Agency for review and concurrence AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 133 of 370 15 prior to the pre-construction conference. The resident inspector(s) must attend the preconstruction conference. 37. Preconstruction Conference – A preconstruction conference will be held prior to the issuance of the Notice to Proceed. The consulting engineer will review the planned development with the Agency, owner, resident inspector, attorney, contractor, other funders, and other interested parties, and will provide minutes of this meeting to the owner and Agency. 38. Inspections - The Agency requires a preconstruction conference, pre-final, final, and warranty inspections. Your engineer will schedule a warranty inspection with the contractor and the Agency before the end of the one-year warranty period to address and/or resolve any outstanding warranty issues. The Agency will conduct an inspection with you of your records management system at the same time and will continue to inspect the facility and your records system every three years for the life of the loan. See Section VII of this letter. 39. Change Orders – A Change Order must be submitted for all modifications to the approved scope of work, including existing contracts. This includes non-physical modifications such as any time extension requests. Prior written Agency concurrence is required for all Change Orders. 40. Payments – Prior Agency concurrence is required for all invoices and requests for payment before Agency funds will be released. Requests for payment related to a contract or service agreement will be signed by the owner, project engineer, and contractor or service provider prior to Agency concurrence. Invoices not related to a construction contract or service agreement will include the owner’s written concurrence. 41. Use of Remaining Funds – As stated above, applicant contribution and connection or tap fees will be the first funds expended in the project. Funds remaining after all costs incident to the basic project have been paid or provided will be handled as follows: a. Funds remaining after the applicant contribution and connection fees may be considered in direct proportion to the amounts of funding obtained from each source. The use of Agency funding will be limited to eligible loan and grant purposes, provided the use will not result in major changes to the original scope of work and the purpose of the loan and grant remains the same. b. Any reductions in the Agency funding will be first applied to the grant funds. c. Grant funds not expended for authorized purposes will be cancelled (de-obligated) within 120 days of final completion of project. Prior to actual cancellation, you, your attorney and engineer will be notified of the Agency’s intent to cancel the remaining funds and given appropriate appeal rights. d. Under no circumstances is it appropriate to use remaining funds as contributions to a new project outside the scope of the funded project. e. Loan funds that are not needed will be cancelled (de-obligated) prior to loan closing. 42. Technical, Managerial and Financial Capacity - It is required that members of the Board of Directors, City Council members, trustees, commissioners and other governing members AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 134 of 370 16 possess the necessary technical, managerial, and financial capacity skills to consistently comply with pertinent Federal and State laws and requirements. It is recommended members receive training within one year of appointment or election to the governing board, and a refresher training for all governing members on a routine basis. The content and amount of training should be tailored to the needs of the individual and the utility system. Technical assistance providers are available to provide this training for your organization, often at no cost. Contact the Agency for additional information. 43. Reporting Requirements Related to Expenditure of Funds -- An annual audit under 2 CFR 200 is required if you expend $750,000 or more in Federal financial assistance per fiscal year. The total Federal funds expended from all sources shall be used to determine Federal financial assistance expended. Expenditures of interim financing are considered Federal expenditures. All audits are to be performed in accordance with 2 CFR Part 200, as adopted by USDA through 2 CFR Part 400. Further guidance on preparing an acceptable audit can be obtained from the Agency. The audit must be prepared by an independent licensed Certified Public Accountant, or a State or Federal auditor if allowed by State law and must be submitted within 9 months of your fiscal year end. Both the audit and accompanying management report must be submitted for review. If an audit is required, you must enter into a written agreement with the auditor and submit a copy of that agreement to the Agency prior to the advertisement of construction bids. The audit agreement may include terms and conditions that the borrower and auditor deem appropriate; however, the agreement should include the type of audit to be completed, the time frame in which the audit will be completed, and how irregularities will be reported. SECTION VII – SERVICING REQUIREMENTS DURING THE TERM OF THE LOAN 44. Prepayment and Extra Payments - Prepayments of scheduled installments, or any portion thereof, may be made at any time at the option of borrower, with no penalty. Security instruments, including bonding documents, must contain the following language regarding extra payments, unless prohibited by State statute: Prepayments of scheduled installments, or any portion thereof, may be made at any time at the option of borrower. Refunds, extra payments and loan proceeds obtained from outside sources for the purpose of paying down the Agency debt, shall, after payment of interest, be applied to the installments last to become due under this note and shall not affect the obligation of borrower to pay the remaining installments as scheduled in your security instruments. 45. Annual Financial Reporting/Audit Requirements – You are required to submit an annual financial report at the end of each fiscal year. The annual report will be certified by the appropriate organization official, and will consist of financial information, a current rate schedule, and listing of board members with their terms. Financial statements must be prepared on an accrual basis of accounting in accordance with generally accepted accounting principles AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 135 of 370 17 (GAAP). The annual report will include separate reporting for each water and waste disposal facility, and itemized cash accounts by type (debt service, short-lived assets, etc.) under each facility. All records, books and supporting material are to be retained for three years after the issuance of the annual report. Technical assistance is available, at no cost, with preparing financial reports. The type of financial information that must be submitted is specified below: a. Audits – An audit under the Single Audit Act is required if you expend $750,000 or more in Federal financial assistance per fiscal year. The total Federal funds expended from all sources shall be used to determine Federal financial assistance expended. Expenditures of interim financing are considered Federal expenditures. See Section VI for additional information regarding audits. b. Financial Statements – If you expend less than $750,000 in Federal financial assistance per fiscal year, you may submit financial statements in lieu of an audit which include, at a minimum, a balance sheet and an income and expense statement. You may use Form RD 442-2, “Statement of Budget, Income and Equity,” and 442-3, “Balance Sheet,” or similar format to provide the financial information. The financial statements must be signed by the appropriate borrower official and submitted within 60 days of your fiscal year end. c. Quarterly Reports – Quarterly Income and Expense Statements will be required until the processing office waives this requirement. You may use Form RD 442-2, “Statement of Budget, Income and Equity,” or similar format to provide this information. The reports are to be signed by the appropriate borrower official and submitted within 30 days of each quarter’s end. The Agency will notify you in writing when quarterly reports are no longer required. 46. Annual Budget and Projected Cash Flow - Thirty days prior to the beginning of each fiscal year, you will be required to submit an annual budget and projected cash flow to this office. The budget must be signed by the appropriate borrower official. Form RD 442-2, “Statement of Budget, Income and Equity,” or similar format may be used. Technical assistance is available at no cost to help you evaluate and complete a rate analysis on your system, as well as completing the annual budget. 47. Graduation - By accepting this loan, you are also agreeing to refinance (graduate) the unpaid loan balance in whole, or in part, upon request of the Government. If at any time the Agency determines you can obtain a loan for such purposes from responsible cooperative or private sources at reasonable rates and terms, you will be requested to refinance. Your ability to refinance will be assessed every other year for those loans that are five years old or older. 48. Security/Operational Inspections – The Agency will inspect the facility and conduct a review of your operations and records management system and conflict of interest policy every AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 136 of 370 18 three years for the life of the loan. You must participate in these inspections and provide the required information. 49. System for Award Management. You will be required to maintain a Dun and Bradstreet Data Universal Numbering System (DUNS) number and maintain an active registration in the System for Award Management (SAM) database. Further information can be found at paragraph 34 of this letter. 51. Insurance. – Insurance requirements are further outlined in Section IV of this letter. You will be required to maintain insurance on the facility and employees as previously described in this letter for the life of the loan. 52. Statutory and National Policy Requirements – As a recipient of Federal funding, you are required to comply with U.S. statutory and public policy requirements, including but not limited to: a. Section 504 of the Rehabilitation Act of 1973 – Under Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), no handicapped individual in the United States shall, solely by reason of their handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Agency financial assistance. b. Civil Rights Act of 1964 – All borrowers are subject to, and facilities must be operated in accordance with, Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and 7 CFR 1901, Subpart E, particularly as it relates to conducting and reporting of compliance reviews. Instruments of conveyance for loans and/or grants subject to the Act must contain the covenant required by Paragraph 1901.202(e) of this Title. c. The Americans with Disabilities Act (ADA) of 1990 – This Act (42 U.S.C. 12101 et seq.) prohibits discrimination on the basis of disability in employment, State and local government services, public transportation, public accommodations, facilities, and telecommunications. d. Age Discrimination Act of 1975 – This Act (42 U.S.C. 6101 et seq.) provides that no person in the United States shall on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. e. Limited English Proficiency (LEP) under Executive Order 13166 - LEP statutes and authorities prohibit exclusion from participation in, denial of benefits of, and discrimination under Federally assisted and/or conducted programs on the ground of race, color, or national origin. Title VI of the Civil Rights Act of 1964 covers program access for LEP persons. LEP persons are individuals who do not speak English as their primary language and who have a limited ability to read, speak, write, or understand English. These individuals may be entitled to language assistance, free of charge. You must take reasonable steps to ensure that LEP persons receive the language assistance necessary to have meaningful access to USDA programs, services, and information your organization AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 137 of 370 19 provides. These protections are pursuant to Executive Order 13166 entitled, “Improving Access to Services by Persons with Limited English Proficiency” and further affirmed in the USDA Departmental Regulation 4330-005, “Prohibition Against National Origin Discrimination Affecting Persons with Limited English Proficiency in Programs and Activities Conducted by USDA.” f. Controlled Substances Act - Even though state law may allow some activities, as a recipient of Federal funding, you are subject to the Controlled Substances Act. Specific questions about the Controlled Substances Act should be directed to the Servicing Official who will contact the Office of General Counsel, as appropriate. 53. Compliance Reviews and Data Collection – Agency financial programs must be extended without regard to race, color, religion, sex, national origin, marital status, age, or physical or mental handicap. You must display posters (provided by the Agency) informing users of these requirements, and the Agency will monitor your compliance with these requirements during regular compliance reviews. The Agency will conduct regular compliance reviews of the borrower and its operation in accordance with 7 CFR Part 1901, Subpart E, and 36 CFR 1191, Americans with Disabilities Act (ADA) Accessibility Guidelines for Buildings and Facilities; Architectural Barriers Act (ABA) Accessibility Guidelines. Compliance reviews will typically be conducted in conjunction with the security inspections described in this letter. If beneficiaries (users) are required to complete an application or screening for the use of the facility or service that you provide, you must request and collect data by race (American Indian or Alaska Native, Asian, Black or African American, White); ethnicity (Hispanic or Latino, Not Hispanic or Latino); and by sex. The Agency will utilize this data as part of the required compliance review. SECTION VIII – REMEDIES FOR NON-COMPLIANCE Non-compliance with the conditions in this letter or requirements of your security documents will be addressed under the provisions of Agency regulations, statutes, and other applicable policies. We look forward to working with you to complete this project. If you have any questions, please contact Robert Chambers at (907) 761-7770 or by e-mail at Robert.chambers@usda.gov. Sincerely, ROBERT CHAMBERS Director, Community Programs Attachments AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 138 of 370 20 cc: Accountant Attorney Bond Counsel Engineer FORMS and BULLETINS: Form AD-3031 “Assurance Regarding Felony Convictions or Tax Delinquent Status for Corporate Applicants” – Item 30 Internal Revenue Service Form 1023, Appendix A, “Sample Conflict of Interest Policy” - Item 15 Form RD 440-22, “Promissory Note” – Item 6 Form RD 442-2, “Statement of Budget, Income and Equity” – Items 45 and 46 Form RD 442-3, “Balance Sheet” – Item 45 Form RD 442-7, “Operating Budget” – Item 20 Form RD 442-20, “Right-of-Way Easement” – Item 14 Form RD 442-21, “Right-of-Way Certificate” – Item 14 Form RD 442-22, “Opinion of Counsel Relative to Rights-of-Way” – Item 14 Form RD 1927-9, “Preliminary Title Opinion” – Item 14 Form RD 1927-10, “Final Title Opinion” – Item 28 Form RD 1940-1, “Request for Obligation of Funds” – Pages 1 and 2 Form RD 1942-8, “Resolution of Members or Stockholders” – Item 6 Form RD 1942-46, “Letter of Intent to Meet Conditions” – Page 2 Form RD 3550-28, “Authorization Agreement for Preauthorized Payments” – Items 32 and 33 Form UCC-1, “Financing Statement” – Item 6 Form UCC-1Ad, “UCC Financing Statement Addendum” – Item 6 SF 3881, “ACH Vendor/Miscellaneous Payment Enrollment Form” – Item 24 RUS Bulletin 1780-7, “Legal Services Agreement” – Item 13 RUS Bulletin 1780-9, “Water Users Agreement” - Items 15 and 17 RUS Bulletin 1780-12, “Water and Waste System Grant Agreement” – Item 6 RUS Bulletin 1780-26, “Guidance for the Use of EJCDC Documents on Water and Waste Projects with RUS Financial Assistance” – Items 11 and 12 RUS Bulletin 1780-27, “Loan Resolution (Public Bodies)” – Item 6 RUS Bulletin 1780-28, “Loan Resolution Security Agreement” – Item 6 AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 139 of 370 21 Appendix A (INSTRUCTIONS TO FIELD) A. Reporting Total Compensation of Recipient Executives In the rare instance in which all of the following apply, please contact your POB Specialist for language to include in the LOC: 1. The total Federal funding authorized to date under this award is $30,000 or more; 2. In the preceding fiscal year, the applicant received— (A) 80 percent or more of their annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and 3. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) B. Subaward and Subrecipients In the rare instance in which there is a subrecipient in the project, please contact your POB Specialist for language to include in the LOC: Subrecipient means an entity that: i. Receives a subaward from the recipient under this award; and ii. Is accountable to the recipient for the use of the Federal funds provided by the subaward. a. Subaward means an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 140 of 370 According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0570-0062. The time required to complete this information collection is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. USDA Form RD 1940-1 REQUEST FOR OBLIGATION OF FUNDS (Rev. 06-10) INSTRUCTIONS-TYPE IN CAPITALIZED ELITE TYPE IN SPACES MARKED ( ) Complete Items 1 through 29 and applicable Items 30 through 34. See FMI. FISCAL YEARLOAN NUMBER1. CASE NUMBER BORROWER IDST 2. BORROWER NAME 3. NUMBER NAME FIELDS (1, 2, or 3 from Item 2) 4. STATE NAME 5. COUNTY NAME GENERAL BORROWER/LOAN INFORMATION 9. EMPLOYEE8. COLLATERAL CODE7. TYPE OF APPLICANT6. RACE/ETHNIC 5 - ASSOC. OF FARMERS RELATIONSHIP CODECLASSIFICATION1- REAL ESTATE 4 - MACHINERY ONLY SECURED 5 - LIVESTOCK ONLY 6 - ORG. OF FARMERS 1 - EMPLOYEE2-REAL ESTATE 6 - CROPS ONLY AND CHATTEL 7 - SECURED BY4 - HISPANIC1 - WHITE 1 - INDIVIDUAL 2 - MEMBER OF FAMILY2 - BLACK 5 - A/PI 2 - PARTNERSHIP 3 - CLOSE RELATIVE3 - NOTE ONLY OR BONDS3 - AI/AN 3 - CORPORATION 4 - ASSOC.CHATTEL ONLY 10. SEX CODE 13. CREDIT REPORT12. VETERAN CODE11. MARITAL STATUS 1 - MARRIED 3 - UNMARRIED (INCLUDES4 - ORGAN. MALE OWNED 1 -YES1 -YES5 - ORGAN FEMALE OWNED1 - MALE 2 -NO2 -NO2 -FEMALE 6 - PUBLIC BODY 2 - SEPARATED WIDOWED/DIVORCED) 14. DIRECT PAYMENT 16. FEE INSPECTION15. TYPE OF PAYMENT 1 -YES(See FMI)2 - NO 18. USE OF FUNDS CODE17. COMMUNITY SIZE 1 - 10 000 OR LESS (FOR SFH AND (See FMI)2 - OVER 10,000 HPG ONLY) COMPLETE FOR OBLIGATION OF FUNDS 19. TYPE OF 22. TYPE OF ACTION20. PURPOSE CODE 21. SOURCE OF FUNDS ASSISTANCE 1 -OBLIGATION ONLY 2 - OBLIGATION/CHECK REQUEST(See FMI)3 - CORRECTION OF OBLIGATION 23. TYPE OF SUBMISSION 24. AMOUNT OF LOAN 25. AMOUNT OF GRANT 1 - INITIAL 2 -SUBSEQUENT 26. AMOUNT OF IMMEDIATE ADVANCE 29. REPAYMENT TERMS27. DATE OF 28. INTEREST RATE APPROVAL MO DAY YR COMPLETE FOR COMMUNITY PROGRAM AND CERTAIN MULTIPLE-FAMILY HOUSING LOANS If the decision contained above in this form results in denial, reduction or cancellation of USDA assistance, you may appeal this decision and have a hearing or you may request a review in lieu of a hearing. Please use the form we have included for this purpose. Position 2 ORIGINAL - Borrower's Case Folder COPY 1 - Finance Office COPY 2 - Applicant/Lender COPY 3 - State Office CO 3 - FAMILY UNIT 30. PROFIT TYPE 1 - FULL PROFIT 3 - NONPROFIT 2 - LIMITED PROFIT COMPLETE FOR EM LOANS ONLY 31. DISASTER DESIGNATION NUMBER (See FMI) FINANCE OFFICE USE ONLY 33. OBLIGATION DATE MO DA YR COMPLETE FOR CREDIT SALE-ASSUMPTION COMPLETE FOR FP LOANS ONLY 32. TYPE OF SALE 1 -CREDIT SALE ONLY 3 -CREDIT SALE WITH SUBSEQUENT LOAN SUBSEQUENT LOAN 2 - ASSUMPTION ONLY 4 -ASSUMPTION WITH 34. BEGINNING FARMER/RANCHER (See FMI) 1 - MONTHLY 3 - SEMI-ANNUALLY 2 - ANNUALLY 4 - QUARTERLY % 4 - PUBLIC BODY 7 - NONPROFIT-SECULAR 8 - NONPROFIT-FAITH BASED 9 - INDIAN TRIBE 11-OTHER FORM APPROVED OMB No. 0570-0062 10-PUBLIC COLLEGE/UNIVERSITY 8 - RLF ACCT AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 141 of 370 CERTIFICATION APPROVAL EM, OL, FO, and SW LoansFor All Farmers Programs This loan is approved subject to the availability of funds. If this loan does not close for any reason within 90 days from the date of approval on this document, the approval official will request updated eligibility information. The undersigned loan applicant agrees that the approval official will have 14 working days to review any updated information prior to submitting this document for obligation of funds. If there have been significant changes that may affect eligibility, a decision as to eligibility and feasibility will be made within 30 days from the time the applicant provides the necessary information. If this is a loan approval for which a lien and/or title search is necessary, the undersigned applicant agrees that the 15-working-day loan closing requirement may be exceeded for the purposes of the applicant's legal representative completing title work and completing loan closing. 35.COMMENTS AND REQUIREMENTS OF CERTIFYING OFFICIAL 36.I HEREBY CERTIFY that I am unable to obtain sufficient credit elsewhere to finance my actual needs at reasonable rates and terms, taking into consideration prevailing private and cooperative rates and terms in or near my community for loans for similar purposes and periods of time. I agree to use the sum specified herein, subject to and in accordance with regulations applicable to the type of assistance indicated above, and request payment of such sum. I agree to report to USDA any material adverse changes, financial or otherwise, that occur prior to loan closing. I certify that no part of the sum specified herein has been received. I have reviewed the loan approval requirements and comments associated with this loan request and agree to comply with these provisions. (For FP loans at eligible terms only) If this loan is approved, I elect the interest rate to be charged on my loan to be the lower of the interest rate in effect at the time of loan approval or loan closing. If I check ''NO'', the interest rate charged on my loan will be the rate specified in Item 28 of this form.YES NO WARNING: Whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be fined under this title or imprisoned not more than five years, or both.'' Date (Signature of Applicant) Date , (Signature of Co-Applicant) 37.I HEREBY CERTIFY that all of the committee and administrative determinations and certifications required by regulations prerequisite to providing assistance of the type indicated above have been made and that evidence thereof is in the docket, and that all requirements of pertinent regulations have been complied with. I hereby approve the above-described assistance in the amount set forth above, and by this document, subject to the availability of funds, the Government agrees to advance such amount to the applicant for the purpose of and subject to the availability prescribed by regulations applicable to this type of assistance. (Signature of Approving Official) Date Approved:Title: 38.TO THE APPLICANT: As of this date , this is notice that your application for financial assistance from the USDA has been approved, as indicated above, subject to the availability of funds and other conditions required by the USDA. If you have any questions contact the appropriate USDA Servicing Office. ,20 20 Typed or Printed Name: AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 142 of 370 Position 3 Form RD 1942-46 FORM APPROVED OMB NO. 0575-0015 OMB NO. 0570-0062 UNITED STATES DEPARTMENT OF AGRICULTURE RURAL DEVELOPMENT(Rev. 6-10) LETTER OF INTENT TO MEET CONDITIONS Date TO: United States Department of Agriculture (Name of USDA Agency) (USDA Agency Office Address) We have reviewed and understand the conditions set forth in your letter dated them not later than (Name of Association) BY (Title) According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a persons is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0575-0015 and 0570-0062. The time required to complete this information collection is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data. needed, and completing and reviewing the collection of information. Form RD 1942-46 (Rev. 6-10) It is our intent to meet all of. . AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 143 of 370 UNITED STATES DEPARTMENT OF AGRICULTURE Rural Utilities Service RUS BULLETIN 1780-34 RD-GD-2013-72 SUBJECT: Guidance for Using the Competitive Sealed Bids Process for the Water and Waste Disposal Program TO: Rural Development State Directors, RUS Program Directors, and State Engineers EFFECTIVE DATE: Date of approval. OFFICE OF PRIMARY INTEREST: Engineering and Environmental Staff, Water and Environmental Programs INSTRUCTIONS: This is a new bulletin and does not replace any existing RUS Bulletin. The document does supersede guidance attached to a July 13, 2003, memo titled “Bid Opening Guidance for RUS Water and Waste projects”, to the extent the guidance addresses the topic of using the competitive sealed bid process for RUS water and waste disposal projects. AVAILABILITY: This bulletin, as well as any Rural Development instruction or Rural Utilities Service instructions, regulations, or forms referenced in this bulletin are available at any Rural Development State Office. The State Office staff is familiar with the use of the documents in their States and can answer specific questions on Rural Development requirements. This bulletin is available on the Rural Utilities Service website at http://www.rurdev.usda.gov/RDU_Bulletins_Water_and_Environmental.html PURPOSE: This bulletin assists Rural Development staff in providing information and guidance to applicants and professional consultants in appropriate procedures for using the Competitive Sealed Bids process described at 7 CFR 1780.72(b). MODIFICATIONS: Rural Development State Offices may modify this guidance when appropriate to comply with State statutes and regulations in accordance with the procedures outlined at Rural Development Instruction 2006-B (2006.55). 9/5/13 Date Water and Environmental Programs DISCLAIMER: The contents of this guidance document does not have the force and effect of law and is not meant to bind the public in any way. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 144 of 370 RUS Bulletin 1780-34 Page Number 2 TABLE OF CONTENTS 1 GENERAL………………………………………………………………………………3 2 PURPOSE……………………………………………………………………………….3 3 PRIOR TO BID OPENING……………………………………………………………..3 4 BID OPENING DAY ACTIVITIES…………………………………………………….5 5 EVALUATION OF BIDS AND CONTRACTORS…………………………………….6 6 AWARD…………………………………………………………………………………8 INDEX Water and Waste Disposal Facilities ABBREVIATIONS CFR – Code of Federal Regulations OGC – Office of General Counsel RD – Rural Development RUS – Rural Utilities Service USDA – United States Department of Agriculture WWD – Water and Waste Disposal AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 145 of 370 RUS Bulletin 1780-34 Page Number 3 1 GENERAL The competitive sealed bids process is one of four procurement methods described at 7 CFR 1780.72, which states that it is the preferred method for procurement of construction services in the Water and Waste Disposal Program. The process of competitive sealed bids includes solicitation of bids, evaluation of submittals, and award of a contract. The intent of this process is to ensure sufficient competition and generally offer lower costs on projects that can be established at a firm fixed price (lump sum or unit price). a Description. This process begins with a public advertisement inviting bidders to submit sealed bids which are to be received by the owner and opened publically at a specific time and place indicated in the invitation for bids. This event, called a bid opening, is normally attended by the owner, consulting engineer, owner’s attorney, bidders, and other interested parties. Attendance by Rural Development staff at every bid opening is not mandatory, although a representative of the Rural Developing Processing Office is encouraged to attend every bid opening, if possible. b Applicable Local Laws. State laws regarding bid openings vary depending on whether the owner is a public body or a not-for-profit corporation (association) and may place significant limits on what an owner and its engineer can and cannot do during the bid opening. Normally associations have more flexibility, but laws will vary by state. All funding recipients are subject to the requirements of 7 CFR 1780.72(b) in addition to any applicable state and local laws. c Successful Bidders. The successful bidder is that responsible contractor (see section 5 of this bulletin), not suspended or debarred, submitting the lowest bid responsive to the requirements of the bid solicitation. A responsive bid is one meeting the requirements of the bid solicitation. A responsible contractor is one capable of performing the work described in the bid solicitation. The owner, with support from its consulting engineer and attorney, may make award to such a contractor or may reject all bids. Upon selection of a contractor, the owner awards a contract to that bidder with concurrence of Rural Development. Procedures for concurrence include review of the bid tabulation and the consulting engineer’s recommendation for award, notification of the owner and engineer of concurrence, review of executed construction contracts, and signing of the agency concurrence in the contract. These duties are normally performed by the State Engineer. 2 PURPOSE This bulletin assists Rural Development staff in providing information and guidance to a applicants and professional consultants in appropriate procedures for using the Competitive Sealed Bids process for procurement of construction services as described at 7 CFR 1780.72(b). 3 PRIOR TO BID OPENING a Authorization. The owner must ensure they have authorization to solicit bids from the Rural Development Processing Office prior to publishing the AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 146 of 370 RUS Bulletin 1780-34 Page Number 4 advertisement for bids. Authorization cannot be given until after the following steps have been completed: (1) The owner has provided evidence of required number of users, regulatory approvals, acquisitions of necessary easements and rights-of- way, and all other requirements of the Letter of Conditions; (2) Closing Instructions have been issued by the Regional Attorney of the USDA Office of General Counsel; and (3) 7 CFR 1780.61(b) requires Rural Development to review and concur in contract documents prior to award. Authorization to advertise for bids must not be provided to owners until the State Engineer has reviewed and accepted the plans, specifications, and other bidding documents. b Invitations for Bids. The owner must publish an invitation for bids in accordance with state and local laws and industry practice. Notices must be placed with builders’ exchanges, plan holders services, and organizations that assist small, minority, and women-owned contractors. The length of the advertising period should be commensurate with the complexity and size of the project and in compliance with state and local laws. If bid preparation periods are too short, bid costs generally increase to compensate for the bidder’s perceived risk and competition may be reduced. c Bid Addenda and Copy of Published Invitation to Bid. The consulting engineer must provide copies of all bid addenda to the Rural Development Processing Office in sufficient time to allow for the Processing Office and the State Engineer to review and concur in the documents prior to bid opening. The owner must also provide the Rural Development Processing Office with a copy of the advertisement publication for the official file. Although the owner is responsible for conducting the bid opening, most of the duties are typically delegated to the consulting engineer. d Receipt of Bids. Bids received prior to the bid opening time must be held unopened by the owner until the designated time. The time and date must be stamped or hand written on the outside of the bid proposal package. e Electronic Bidding. Electronic bidding procedures are acceptable if allowed under state law as long as they comply with the requirements of 7 CFR 1780.72(b) and the following: (1) the fees for the bidding process must be reasonable, (2) paper bids must be accepted by the owner as an option for the bidders, and (3) the bid opening must be public. f Mandatory Pre-Bid Meetings. In some cases, owners or their engineers may wish to hold mandatory meetings for all bidders prior to bid opening to discuss issues related to site conditions or other matters that are important for bidders to understand to reduce the likelihood of conflicts or misunderstandings about issues that could affect their bid amounts or decisions related to whether to submit a bid. In industry practice it is common in such cases to hold mandatory pre-bid meetings and accept bids only from bidders in attendance. This does, however, reduce competition and generally should not be allowed due to AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 147 of 370 RUS Bulletin 1780-34 Page Number 5 requirements for maximum open and free competition. At the discretion of the Rural Development State Office, mandatory pre-bid meetings may be allowed in cases when justified or necessary due to special circumstances. g Bid Alternates. Bid alternates may be included in bidding documents as long as they are in compliance with state law, regulations at 7 CFR 1780.70 (b) and (d), and meet the requirements of open and free competition policies. To reduce the likelihood of bid protests and lawsuits from bidders not receiving award, the Instructions to Bidders must clearly describe the procedures for making award, including how any bid alternates will be handled. 4 BID OPENING DAY ACTIVITIES a Opening the Meeting. At the bid opening the owner should announce the purpose of the meeting and state the present time. This should be done several minutes before the scheduled bid opening time. All bid proposals received will be left unopened until the scheduled bid opening time. At the time specified in the advertisement and/or Instructions to Bidders, the owner will announce that the time is closed for receiving bids. It is mandatory that no more bids be accepted after that time. b Opening and Reviewing Bids. Bids received prior to the specified time are then opened. The owner, with the assistance of the consulting engineer and owner’s attorney, then check each bid for the following: (1) A signed bid acknowledging any and all addenda; (2) A bid bond with a power-of-attorney, certified check, or other acceptable bid security instrument allowed as stated in the Instructions to Bidders for the correct amount; and (3) For each bid, the owner reads aloud to all present the name of the bidder, total bid amount, and any important related contents of the bid. The consulting engineer records the results of the bid opening for each bid on a bid summary sheet. Although not required, the owner may also announce the name of the “apparent” low bidder, but it is mandatory that the word “apparent” be used to clarify that the bids must still be evaluated further before a bidder is selected for the award. If an apparent low bidder is announced, the owner must remind everyone present that award is contingent on a detailed review of the bids. The owner may also remind those present of the general time frame for determination of award based on information in the Instructions to Bidders. c Claims of Bid Mistakes. A bidder must immediately notify the owner if claiming a mistake in a bid. Procedures of the bidding documents and any applicable state or local laws must be followed to address modifications or withdrawal of bids. Correction of major calculation errors that are not judgment errors may be allowed in many states. Otherwise a bid may be withdrawn with or without loss of bid security depending on the bidding documents and state law. The owner’s attorney should make a determination as to whether the bidder may withdraw its bid and if the owner should retain the bid security associated with each bid. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 148 of 370 RUS Bulletin 1780-34 Page Number 6 5. EVALUATION OF BIDS AND CONTRACTORS a Determining Responsiveness. The owner and consulting engineer with the assistance of the owner’s attorney check each proposal to determine whether the bids are responsive and submitted by a responsible bidder. A responsive bid meets the requirements of the solicitation for bids and a responsible bidder is one capable of performing the work described in the bidding documents. To determine responsiveness, the owner, engineer and attorney must verify the following: (1) The bid is properly executed, signed, sealed and all addenda acknowledged; (2) The bid is complete with prices provided for all required items and any required supplemental information provided; (3) Proper bid security, such as a bid bond, has been provided and at the proper amount along with appropriate powers of attorney if required; and (4) USDA Rural Development required forms are included with the bid submittal. b Minor Errors in Bids. If allowed by state law, the owner may waive certain minor informalities (missing or erroneous items). Submission of required USDA Rural Development forms may be considered a minor informality, but the forms must be submitted prior to issuance of any concurrence by Rural Development in a proposed award. c Non-responsive Bids. If a bid proposal is considered clearly non-responsive, the bid should be returned to the bidder as soon as possible with an explanation of the reasons for its return. Any bid irregularity providing the bidder with a material advantage in the bidding process also makes the bid proposal non- responsive. d Verification by Consulting Engineer. The consulting engineer then verifies the calculations in the bids and corrects arithmetic errors. Note that in most cases written words govern over numbers on individual line items, but bid requirements and state law will govern in this matter. Bid totals are verified and selection of bid alternates is applied in accordance with the process described in the Instructions to Bidders. e Investigation of Low Bidder. The owner and consulting engineer then check the apparent low bidder’s references, license, insurance, and bonding ability. The consulting engineer also checks to see whether the bidder or any of its principals are considered federally suspended or debarred. If the apparent low bidder meets the requirements of the Instructions to Bidders, has appropriate licenses, is bondable, is not suspended or debarred, has satisfactory performance on past contracts, and is considered capable of performing the current contract, the bidder is normally determined responsible. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 149 of 370 RUS Bulletin 1780-34 Page Number 7 f Bid Tabulation. The consulting engineer then prepares a bid tabulation. A current project funds analysis including reasonable contingency, along with total funds available, must also be prepared by the engineer, owner, or Agency. g Recommendation for Award and Concurrence of Recommendation. After the bid tabulation, the engineer makes a recommendation for award. If award is based in part on consideration of bid alternates, any procedures of the Instructions to Bidders and requirements of state law must be followed. The owner and owner’s attorney evaluate the engineer’s recommendation and submit the following to the Rural Development Processing Office for concurrence: (1) A written request from the owner to the Rural Development Processing Office stating at a minimum which bidder the owner wants to make award to, which bid alternates they wish to award, if any, and the proposed amount of the award; (2) A copy of the Affidavit of Publication for the Bid Advertisement – certified, dated, and signed; (3) Certified tabulation of bids (signed and sealed by the consulting engineer); (4) A complete copy of the apparent low bidder’s bid submittal, including: (a) Bid Proposal; (b) Bid Bond or other security and powers-of-attorney; and (c) Executed Certifications including “Compliance Statement” (Form RD 400-6), “Certification Regarding Debarment” (Form AD-1048), and “Lobbying Certification” (RD Instruction 1940- Q, Exhibit A-1), and any other required forms; (5) Engineer’s written recommendation to award the contract to a specific bidder including: (a) An analysis of recommended contractor’s ability to perform successfully under the terms and conditions of the proposed contract. Consideration must be given to such matters as contractor integrity, record of past performance, and financial and technical resources (i.e. responsible bidder); (b) Statement that requirements of Instructions to Bidders were met (i.e. responsive bid), including documentation from the owner that any informalities not met are waived; and (c) Thorough documentation of any recommendation to award to other than the low bidder (requires submittal of all bidders’ packages from recommended bidder down to apparent low bidder). AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 150 of 370 RUS Bulletin 1780-34 Page Number 8 h Owner’s Discretion. In some cases, the owner may wish to award to other than the apparent low bidder or to reject all bids. 7 CFR 1780.72(b)(4) states that any or all bids may be rejected by the owner when it is in its best interest. Since this is directly stated in the regulation, owners should be given discretion to take such actions. However, if the owner wishes to reject one or more bidders to award to a higher bidder, because this increases project cost, they must provide the Rural Development Processing Office with a justification based on the responsiveness and responsibility of the bidder. If the Rural Development Processing Office does not concur in the award, the owner may be required to readvertise, but cannot be forced to award to a bidder they do not wish to award to. i Determination of Non-responsible Bidders. Examples of reasons that a bidder may be determined to be non-responsible include inadequate financial resources to hire competent workers or obtain adequate equipment, poor references, or a history of poor performance of work. Examples of non-responsiveness include a missing bid bond, a conditional bid, or one that has not been signed. All of these are examples of reasons that a consulting engineer may recommend and an owner may choose to reject the award to an apparent low bidder. j Justification for Award to Bidder not Recommended by Consulting Engineer. Occasionally an owner will wish to award to a bidder other than the one recommended by their consulting engineer. This action should not be allowed without justification from the owner to the Rural Development Processing Office, but the owner has the right to take this action if they have a reasonable justification for taking a different action than that recommended by the engineer. 6 AWARD a Timeliness. Within the bid hold period listed in the Instructions to Bidders, the owner must make a decision whether and to which bidder to award the contract. If a decision is not made within the bid hold period, bids will expire unless a bid extension is granted in writing by the bidders. Bidders making extensions conditional invalidate their bids and cause bids to become non-responsive. Rural Development must concur in awards of all contracts funded by Rural Development. b Submission to Rural Development. 7 CFR 1780.61 requires that the consulting engineer’s recommendation for award and the bid tabulation, including all the items described above, be submitted to Rural Development for concurrence prior to award. If adequate funds are available for the project, the Rural Development Processing Office typically submits these documents to the State Engineer for review. c Concurrence by State Engineer. The State Engineer will then evaluate the bid tabulation and the consulting engineer’s written recommendation of award to determine whether they concur in the recommendation. In addition, prior to concurring in this recommendation, the State Engineer will verify that the recommended bidder is not suspended or debarred, as indicated at www.sam.gov. In unusual circumstances, award may be made to a suspended or debarred party if a waiver has been issued in accordance with 2 CFR 417.137. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 151 of 370 RUS Bulletin 1780-34 Page Number 9 d Case File Documentation. In accordance with RD Instruction 1940-M (1940.606(b)(1)), the case file should be documented that the suspension and debarment status of the contractor was checked prior to concurrence in award and a copy of the Form RD 1048, “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions” filed. e Justification for Recommendation to Higher Bidder. If award is recommended to other than the lowest responsive and responsible bidder, the Rural Development Processing Office should coordinate with the owner to obtain additional justification. The State Engineer should review this material and determine if they concur with the recommended award. The Regional Attorney of OGC may be contacted for guidance if necessary. f Notice of Award. If Rural Development concurs in award, the owner signs and issues the Notice of Award and notifies all other bidders of the award. The owner must sign the Notice of Award, not the consulting engineer. The Notice of Award announces award of the contract and requires the selected contractor to provide executed contracts, surety, and required insurance within a set time frame. The owner may retain the bid security of bidders who may have a reasonable chance of winning the award if the apparent low bidder does not provide adequate executed contracts, surety, and insurance within the required time frame. Bid security of all other bidders is then returned. g Reassessment of Funding Needs. Additionally, if bids come in lower than expected and there is a significant reduction in project cost as a result, then the applicant’s funding needs will be reassessed by Rural Development in accordance with 7 CFR 1780.44(e). Excess loan or grant funds will be deobligated by Rural Development if they are not needed to complete the proposed project. h Inadequate Funds. If funds are inadequate for the project, the Rural Development Processing Office will work with the owner, consulting engineer, and other funding partners to determine the best course of action. One of the following approaches may be considered: (1) Obtain additional funds. Award the project as-is; (2) Restructure the project by redesign, phasing of the project, or value engineering. Re-advertise the project for new bids; (3) Reject all bids and use either competitive negotiation (7 CFR 1780.72(c)) or non-competitive negotiation (7 CFR 1780.72(d)) if applicable; (4) Re-advertise the existing project without changes in anticipation of lower bids; (5) In unusual circumstances, award the contract as advertised with a change order issued immediately after award to reduce cost; however this approach should only be used upon advice of the owner’s attorney. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 152 of 370 RUS Bulletin 1780-34 Page Number 10 i Bid Protests: Note that a bidder not receiving the award may challenge award of the contract to another bidder. Here are some important points about bid protests: (1) There are no bid protest procedures in 7 CFR 1780. In fact, 7 CFR 1780.68 states “The owner is responsible for settlement of all contractual and administrative issues arising out of procurement entered into in support of a loan or grant. These include, but are not limited to: source evaluation, protests, disputes, and claims.” Though the owner is responsible for the settlement of these issues, Rural Development is still interested in the outcome. Rural Development will become involved or refer issues to appropriate federal or state agencies if there are matters of federal or state laws or requirements with OGC consultation as needed; (2) The owner’s attorney must be familiar with any state or local bid protest procedures or requirements and must determine if a formal bid protest procedure exists. If a contractor files a protest in accordance with such procedures, the owner with the assistance of their attorney responds to the protest according to the applicable procedure; (3) Where no formal protest process exists, a bidder wishing to contest a bid protest may attempt to file a case against the owner in a court of appropriate jurisdiction. The owner, not the government, is responsible for defending against such a lawsuit. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 153 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH PW\DEN003\D3398900\D3398901 REINFORCED POLYETHYLENE RAINSHEET NOVEMBER 2021 10 73 01 - 1 ©COPYRIGHT 2021 JACOBS SECTION 10 73 01 REINFORCED POLYETHYLENE RAINSHEET PART 1 GENERAL 1.01 DESCRIPTION A. This section includes the requirements for procurement and installation of the Reinforced Polyethylene Rainsheet. 1.02 DEFINITIONS A. Definitions shall be in accordance with ASTM D4439, unless otherwise indicated. B. Installer: Contractor (or a subcontractor to the Contractor) shall act as installer (the party responsible for field handling, transporting, storing, deploying, joining, temporary restraining against wind, and installation of the rainsheet.) C. Manufacturer: The party, also referred to as the rainsheet manufacturer or fabricator, responsible to produce the rainsheet panels in accordance with this specification. D. Owner: The party in Contract with the Contractor to provide the products and services in accordance with this specification. 1.03 REFERENCES A. The following is a list of standards which may be referenced in this section: 1. ASTM International (ASTM): a. D751, Standard Test Methods for Coated Fabrics. b. D4437, Standard Practice for Nondestructive Testing (NDT) for Determining the Integrity of Seams Used in Joining Flexible Polymeric Sheet Geomembranes. c. D4439, Standard Terminology for Geosynthetics. d. D5199, Standard Test Method for Measuring the Nominal Thickness of Geosynthetics. e. D5884/D5884M, Standard Test Method for Determining Tearing Strength of Internally Reinforced Geomembranes. f. D7004/D7004M, Standard Test Method for Grab Tensile Properties of Reinforced Geomembranes. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 154 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH REINFORCED POLYETHYLENE RAINSHEET PW\DEN003\D3398900\D3398901 10 73 01 - 2 NOVEMBER 2021 ©COPYRIGHT 2021 JACOBS 1.04 QUALIFICATIONS A. Manufacturers Qualifications: 1. Manufacturer shall have previously demonstrated their ability to produce required rainsheet by having successfully manufactured a minimum of 20,000,000 square feet of string reinforced rainsheet material. 2. Manufacturer must be ISO 9001 certified. B. Installer Qualifications: Installer shall have installed a minimum of 500,000 square feet of rain sheet, or similar material, in similar landfill installations. 1.05 WARRANTIES A. Manufacturer of the rainsheet material will warrant the material to the Installer on a pro rata basis for 5 years after the final acceptance of the Work. This warranty shall include but not be limited to defects related to workmanship and manufacturing. 1.06 QUALITY ASSURANCE A. Quality assurance during installation of rainsheet will be provided by the Owner. 1.07 SUBMITTALS A. Submit details of the proposed rain sheet and soil materials to be used for this Work. B. Certifications: All components requiring manufacture or fabrication with a specified material or to a given specification or other specified requirement shall be certified in writing by the Manufacturer that the items/materials furnished were made of in conformance with the drawings and specifications. These certifications shall be provided to the Construction Manager within five days of receipt of those items/materials by the Manufacturer or Contractor. C. Installation Panel Layout Drawing: Submit panel layout drawing identifying placement patterns and field seams. Layout shall be drawn to scale and shall be adequate for use as the construction plan, and shall include information such as dimensions, panel numbering, and installation details. Provide details of field seaming method including threading machine, thread, stitch, seam types, and adhesive tape to cover seam. Provide a detail for how the ballasting system will be anchored at the top of the slope. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 155 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH PW\DEN003\D3398900\D3398901 REINFORCED POLYETHYLENE RAINSHEET NOVEMBER 2021 10 73 01 - 3 ©COPYRIGHT 2021 JACOBS PART 2 PRODUCTS 2.01 MANUFACTURERS/FABRICATORS A. Approved manufacturers/fabricators and acceptable products of reinforced polyethylene rainsheet shall be as follows: 1. Raven Industries, Inc.; Dura-Skrim R20BV. 2. “Or-equal”. 2.02 MATERIALS A. Reinforced Polyethylene Rainsheet Composition: 1. Rainsheet material shall be formulated from first quality polyethylene materials designed and manufactured specifically for the purpose of this Work, which shall have been satisfactorily demonstrated, by prior use, to be suitable and durable for such purposes. 2. Rainsheet material shall be a geomembrane composed of a four-layer reinforced extrusion laminate, with the outer layers being a high- strength polyethylene film, with a minimum average thickness of 5.5 mils, which are laminated together using molten polyethylene incorporating a 1,000-denier high-strength, oriented-tape high-density polyethylene scrim. The rainsheet material shall have the physical properties as shown in Table 1 of this section. 3. Rainsheet material shall be manufactured free from holes, pin holes, bubbles, blisters, excessive gels, undispersed resins and/or carbon black, or contamination by foreign matter. 4. Rainsheet material shall be impermeable, capable of repelling water with no absorption. 5. Coating and scrim reinforcing shall be UV stabilized with carbon black for UV protection in the exposed application. 6. Outdoor Exposure Life Expectancy: Guaranteed 5 years or greater. 7. Finished color for outer layers of the reinforced sheet shall be black. 8. Fabrication shall be as specified in Article Fabrication. Factory fabricated panels shall have a maximum of 80,000 square feet (8,000 pounds). AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 156 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH REINFORCED POLYETHYLENE RAINSHEET PW\DEN003\D3398900\D3398901 10 73 01 - 4 NOVEMBER 2021 ©COPYRIGHT 2021 JACOBS 9. Certification from manufacturer that reinforced polyethylene rainsheet meets property values as presented in Table 1 shall be submitted to the Owner by the Contractor: Table 1 Reinforced Polyethylene Properties Property ASTM Test Method Test Value Units Thickness (Nominal) D5199 20 mils Weight D751 74 lbs/msf Grab Tensile Strength D7004 115 lbs Grab Tensile Elongation D7004 17 % Tongue Tear D5884/D5884M 53 lbs B. Seaming Materials: Seaming materials will consist of black polyester thread and polyisobutylene-butyl sealant tape per Manufacturer/Fabricator recommendations, or as approved by the Engineer. C. Ballast System: Sandbags shall be made from the similar material as the (parent) rainsheet with a guaranteed life of 5 years. The Contractor shall place ballast as approved by the Engineer on top of the rainsheet over the entire area covered by the rainsheet as specified herein. Ballast not shown on Drawings. 2.03 MANUFACTURE/FABRICATION A. Rainsheet material shall be supplied in panels which shall be of maximum size to provide the largest manageable sheet for the fewest seams (36,000 square feet typical). Labels on the panels shall identify the thickness, length, width, lot and panel numbers, and name of manufacturer. B. Submit a panel layout in accordance with Project submittal requirements. Panel layout shall indicate the proposed arrangement of panels, fabricated seam orientation, field seam location, and anchor trench locations. C. Individual roll widths shall be fabricated into large panels to minimize field seaming. All fabrication welds shall be a minimum of 25 mm (1 inch) wide. Heat welding techniques shall be used for shop fabrication such that all shop welds will provide a delamination of the coating from the scrim when tested. Peel testing will meet the requirements for a “Film Tear Bond” (FTB) Peel Adhesion. Minimum FTB rating shall be AD-DEL. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 157 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH PW\DEN003\D3398900\D3398901 REINFORCED POLYETHYLENE RAINSHEET NOVEMBER 2021 10 73 01 - 5 ©COPYRIGHT 2021 JACOBS D. Fabricated panels shall be accordion folded in one direction and neatly rolled in the other. Each panel shall be protected with an opaque, weather-resistant covering and marked with panel dimensions and unfolding directions. All panels shall be delivered and stored in a protected area until ready for installation. PART 3 EXECUTION 3.01 SHIPPING, HANDLING, AND STORAGE A. Rainsheet shall be shipped, handled, and stored in strict accordance with manufacturer’s recommendations. 3.02 PREPARATION A. Remove existing damaged rainsheet, sandbags, and rope within the limits shown on Drawings. 1. Top of Slope: a. Excavate anchor trench to remove embedded torn rainsheet. b. Cut existing damaged rainsheet at limits shown on Drawings. Remove damaged material and debris. 2. Side Slopes: Cut existing damaged rainsheet at limits shown on Drawings. Remove damaged material as necessary. B. New Rainsheet will be placed on the existing operations layer as shown on the Drawings. The surface shall be free of standing water. Prepared surfaces shall be smooth and free of sharp objects, rocks, organics (roots), debris, and deleterious material. 3.03 WEATHER CONDITIONS A. Rainsheet placement shall not proceed at an ambient temperature below 32 degrees F or above 100 degrees F unless otherwise authorized, in writing, by the Engineer. Rainsheet placement shall not be performed during precipitation, excessive moisture, in an area of ponded water, or in excessive winds. Any portion of rainsheet or subgrade damaged due to weather conditions shall be repaired at the Contractor’s cost. 3.04 INSTALLATION A. Place panels according to the Drawings and the panel layout. Wrinkles or folds in the rainsheet should be worked throughout the overall area to prevent any stress points in the rainsheet. Sufficient thermal slack shall be AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 158 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH REINFORCED POLYETHYLENE RAINSHEET PW\DEN003\D3398900\D3398901 10 73 01 - 6 NOVEMBER 2021 ©COPYRIGHT 2021 JACOBS incorporated during placement to ensure that harmful stresses do not occur in service. Distribute slack wrinkles evenly. B. Each rainsheet panel shall be installed in accordance with the Manufacturer’s recommendations. C. QA Engineer shall inspect each panel, after placement and prior to seaming, for damage and/or defects. Defective or damaged panels shall be replaced or repaired, as approved by the QA Engineer, and as described in this section. D. All field seams shall be tightly bonded by sewing and taping according to the Manufacturer’s recommendations for the selected material and as approved by the Engineer. Individual panels shall be laid out and overlapped by a minimum of 4 inches prior to seaming. The area to be seamed shall be cleaned and prepared in accordance with the Manufacturer's recommendations. E. All field seams shall be non-destructively tested along their entire length using the Air Lance Test (ASTM D4437) or the Mechanical Point Stress Test (ASTM D4437). All discontinuities detected by any test method shall be repaired. F. Seams on landfill side slopes shall be oriented parallel to the grade of the slope. There shall be no horizontal seams on landfill side slopes. G. Orient fabricated seams parallel to the direction of the landfill side slopes. H. Installer shall avoid dragging the rainsheet on rough soil subgrades. I. Personnel working on the rainsheet shall not smoke, wear damaging shoes, or involve themselves in any activity that may damage the rainsheet, in the opinion of the QA Engineer. J. Vehicular traffic across the rainsheet shall not be allowed. K. Rainsheet shall be kept free of debris, unnecessary tools, and materials. In general, the rainsheet area shall remain neat in appearance. L. Rainsheet shall be properly weighted to avoid uplift due to wind. M. Along its perimeter, the rainsheet shall be anchored by one of the methods shown on the Drawings. N. Backfill all anchor trenches as soon as practical. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 159 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH PW\DEN003\D3398900\D3398901 REINFORCED POLYETHYLENE RAINSHEET NOVEMBER 2021 10 73 01 - 7 ©COPYRIGHT 2021 JACOBS O. During Work stoppages, temporarily weight sheets with sandbags to anchor or hold them in position during installation. Use continuous hold-downs along edges to prevent wind flow under sheet. Only place as much material as can be seamed that day. 3.05 REPAIRS A. Any portion of the rainsheet exhibiting signs of defect shall be repaired. Repairs shall utilize the same material as the rainsheet, or a material compatible with the rainsheet, and shall extend a minimum of 6 inches beyond the defect in all directions. Repairs shall be accomplished with seaming thread and tape or extrusion welding. All repairs are to be tested using Air Lance or Mechanical Point Stress methods as applicable (ASTM D4437). 3.06 BALLAST PROTECTION A. Protect rainsheet from wind uplift during and after installation using sandbags or other suitable weighted ballast. B. Contractor shall place ballast on top of the rainsheet over the entire area covered by the rainsheet as approved by the QA Engineer. Ballast shall be spaced no more than 8 feet apart in both the vertical and horizontal directions. C. Place sandbags or other suitable weights end to end over all field seams and perimeter edges of cover. D. Weighted sandbags or other suitable weighted ballast will weigh 50 pounds, with a tolerance of plus or minus 2 pounds. E. Sandbags shall be made from the similar material as the (parent) rainsheet material with a guaranteed life of 5 years or greater. Sandbags shall be tied with UV stabilized nylon twine. F. Weighted sandbags shall be secured by interconnection with black polyethylene rope with a sufficient rating to withstand the weight of the sandbags. Rope shall have a minimum 1/2-inch diameter, be UV rated for a minimum of 5 years, and have a minimum break strength of 4,000 pounds. All cut ends shall be heat-seized or dressed to prevent fraying. Rope shall be securely anchored at the top of the slope by an approved method. END OF SECTION AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 160 of 370 AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 161 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH PW\DEN003\D3398900\D3398901 SITE CLEARING NOVEMBER 2021 31 10 00 - 1 ©COPYRIGHT 2021 JACOBS SECTION 31 10 00 SITE CLEARING PART 1 GENERAL 1.01 DEFINITIONS A. Clearing: Removal of interfering or objectionable material lying on or protruding above ground surface. B. Grubbing: Removal of vegetation and other organic matter including stumps, buried logs, and roots greater than 2-inch caliper to a depth of 6 inches below subgrade. C. Interfering or Objectionable Material: Trash, rubbish, and junk; vegetation and other organic matter, whether alive, dead, or decaying; topsoil. D. Project Limits: Areas, as shown or specified, within which Work is to be performed. E. Stripping: Removal of topsoil. 1.02 SUBMITTALS A. Action Submittals: Drawings clearly showing clearing, grubbing, and stripping limits. 1.03 QUALITY ASSURANCE A. Obtain Engineer’s approval of staked clearing, grubbing, and stripping limits, prior to commencing clearing, grubbing, and stripping. 1.04 SCHEDULING AND SEQUENCING A. Prepare Site only after adequate erosion and sediment controls are in place. PART 2 PRODUCTS (NOT USED) AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 162 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH SITE CLEARING PW\DEN003\D3398900\D3398901 31 10 00 - 2 NOVEMBER 2021 ©COPYRIGHT 2021 JACOBS PART 3 EXECUTION 3.01 GENERAL A. Clear, grub, and strip areas needed for waste disposal, borrow, or Site improvements within limits shown or specified. B. Do not injure or deface vegetation that is not designated for removal. 3.02 LIMITS A. Clearing and grubbing limits are shown on Drawings. B. Remove rubbish, trash, and junk from entire area within Project limits. 3.03 CLEARING A. Clear areas within limits shown or specified. B. Cut stumps not designated for grubbing to within 12 inches of ground surface. C. Cut off shrubs, brush, weeds, and grasses to within 12 inches of ground surface. 3.04 GRUBBING A. Grub areas within limits shown or specified. Grubbing activities not to occur over liner areas. 3.05 STRIPPING A. Strip areas within limits to minimum depths shown or specified. Do not remove subsoil with topsoil. 3.06 DISPOSAL A. Clearing and Grubbing Debris: Woody debris to be chipped and stockpiled onsite in area identified on Drawings. B. Strippings: Dispose of strippings onsite in area approved by Owner. END OF SECTION AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 163 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH PW\DEN003\D3398900\D3398901 SUBGRADE PREPARATION NOVEMBER 2021 31 23 13 - 1 ©COPYRIGHT 2021 JACOBS SECTION 31 23 13 SUBGRADE PREPARATION PART 1 GENERAL 1.01 REFERENCES A. The following is a list of standards which may be referenced in this section: 1. ASTM International (ASTM): D698, Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Standard Effort (12,400 ft-lb/ft3 (600 kN-m/m3)). 1.02 DEFINITIONS A. Optimum Moisture Content: As defined in Section 31 23 23, Fill and Backfill. B. Prepared Ground Surface: Ground surface after completion of clearing and grubbing, scalping of sod, stripping of topsoil, excavation to grade, and scarification and compaction of subgrade. C. Proof-Rolling: Testing of subgrade by compactive effort to identify areas that will not support the future loading without excessive settlement. D. Relative Compaction: As defined in Section 31 23 23, Fill and Backfill. E. Relative Density: As defined in Section 31 23 23, Fill and Backfill. F. Subgrade: Layer of existing soil after completion of clearing, grubbing, scalping of topsoil prior to placement of fill, roadway structure or base for floor slab. Subgrade for liner areas means prepared surface after completion of foundation layer preparation (or below underdrain blanket for those areas requiring an underdrain). See additional information herein for subgrade preparation. 1.03 SEQUENCING AND SCHEDULING A. Complete applicable Work specified in Section 31 23 16, Excavation, and Section 31 10 00, Site Clearing, prior to subgrade preparation. B. Coordinate subgrade preparation with preparation of leveling course, installation LLDPE geomembrane, and anchor trenches and roadway materials for roadway areas. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 164 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH SUBGRADE PREPARATION PW\DEN003\D3398900\D3398901 31 23 13 - 2 NOVEMBER 2021 ©COPYRIGHT 2021 JACOBS 1.04 QUALITY ASSURANCE A. Notify Engineer when subgrade is ready for compaction or proof-rolling or whenever compaction or proof-rolling is resumed after a period of extended inactivity. 1.05 ENVIRONMENTAL REQUIREMENTS A. Prepare subgrade when unfrozen and free of ice and snow. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION 3.01 GENERAL A. Keep subgrade free of water, debris, and foreign matter during compaction or proof-rolling. B. Bring subgrade to proper grade and cross-section and uniformly compact surface. C. Do not use sections of prepared ground surface as haul roads. Protect prepared subgrade from traffic. D. Maintain prepared ground surface in finished condition until next course is placed. 3.02 SUBGRADE FOR DITCHES A. Subgrade shall meet requirements of embankment fill for fill areas. In cut areas, prepare subgrade to be firm and unyielding, track walk and ready for permanent soil stabilization. B. In areas where ditches will be lined, subgrade shall be rolled smooth for liner placement. 3.03 COMPACTION A. Under Earthfill: Compact upper 6 inches to minimum of 95 percent relative compaction as determined in accordance with ASTM D698. 3.04 MOISTURE CONDITIONING A. Dry Subgrade: Add water, then mix to make moisture content uniform throughout. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 165 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH PW\DEN003\D3398900\D3398901 SUBGRADE PREPARATION NOVEMBER 2021 31 23 13 - 3 ©COPYRIGHT 2021 JACOBS B. Wet Subgrade: Aerate material by blading, discing, harrowing, or other methods, to hasten drying process. 3.05 TESTING A. Proof-roll subgrade with equipment specified in Article Compaction to detect soft or loose subgrade or unsuitable material, as determined by Engineer. 3.06 CORRECTION A. Soft or Loose Subgrade: 1. Adjust moisture content and recompact, or 2. Over excavate as specified in Section 31 23 16, Excavation, and replace with suitable material from the excavation, as specified in Section 31 23 23, Fill and Backfill. B. Unsuitable Material: Over excavate as specified in Section 31 23 16, Excavation, and replace with suitable material from the excavation, as specified in Section 31 23 23, Fill and Backfill. END OF SECTION AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 166 of 370 AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 167 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH PW\DEN003\D3398900\D3398901 EXCAVATION NOVEMBER 2021 31 23 16 - 1 ©COPYRIGHT 2021 JACOBS SECTION 31 23 16 EXCAVATION PART 1 GENERAL 1.01 DEFINITIONS A. Common Excavation: Removal of material not classified as rock excavation. 1.02 SUBMITTALS A. Informational Submittals: 1. Excavation Plan, Detailing: a. Methods and sequencing of excavation. b. Proposed locations of stockpiled excavated material. c. Proposed onsite and offsite spoil disposal sites. d. Numbers, types, and sizes of equipment proposed to perform excavations. e. Anticipated difficulties and proposed resolutions. f. Reclamation of onsite spoil disposal areas. 1.03 QUALITY ASSURANCE A. Provide adequate survey control to avoid unauthorized overexcavation. 1.04 WEATHER LIMITATIONS A. Material excavated when frozen or when air temperature is less than 32 degrees F shall not be used as fill or backfill until material completely thaws. B. Material excavated during inclement weather shall not be used as fill or backfill until after material drains and dries sufficiently for proper compaction. 1.05 SEQUENCING AND SCHEDULING A. Clearing and Grubbing: Complete applicable Work specified in Section 31 10 00, Site Clearing, prior to excavating. B. Dewatering: Conform to applicable requirements of this section. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 168 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH EXCAVATION PW\DEN003\D3398900\D3398901 31 23 16 - 2 NOVEMBER 2021 ©COPYRIGHT 2021 JACOBS PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION 3.01 GENERAL A. Excavate to lines, grades, and dimensions shown and as necessary to accomplish Work. Excavate to within tolerance of plus or minus 0.1 foot, except where dimensions or grades are shown or specified as maximum or minimum. Allow for forms, working space, granular base, topsoil, and similar items, wherever applicable. Trim to neat lines where concrete is to be deposited against earth. B. Do not overexcavate without written authorization of Engineer. C. Review Excavation Plan with Engineer prior to beginning excavating activities. Obtain Engineer’s approval of deviations from Excavation Plan prior to their implementation. D. Work excavation in a systematic manner. Continuously keep excavation graded to drain and take necessary precautions to control erosion and prevent sediment releases, in conformance with Contractor’s Construction Period Sedimentation and Erosion Control Plan. E. Excavate to the lines and grades shown on Drawings, leaving room for prepared subgrade as shown or required. Protect subgrade in accordance with Section 31 23 13, Subgrade Preparation. 3.02 GENERAL (UNCLASSIFIED) EXCAVATION A. Excavation is unclassified. Complete all excavation regardless of the type, nature, or condition of the materials encountered. 3.03 TRENCH EXCAVATION FOR ANCHOR TRENCHES A. Excavation: Excavate for the installation of liner anchor trench after the subgrade preparation zone is complete. All obstructions, such as tree roots, stumps, and other material of any type shall be removed. B. At liner system overlap with existing cell anchor trenches, carefully expose existing liner (geomembrane) surfaces using tools and methods that are protective of the existing liner (such as flat-bladed shovels and hand tools) in accordance with the approved Excavation Plan when within 12 inches of the existing liner. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 169 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH PW\DEN003\D3398900\D3398901 EXCAVATION NOVEMBER 2021 31 23 16 - 3 ©COPYRIGHT 2021 JACOBS C. Anchor Trench Width and Depth: Minimum anchor trench width shall be as shown on the Drawings. Maintain leading edge of anchor trench smooth and rounded as practical to reduce stress on geosynthetic. D. Contractor shall have sole responsibility for protection of existing liner systems during exposure, connection, and backfill. Any damage to existing liners caused by Contractor shall be repaired at Contractor’s expense. 3.04 EMBANKMENT AND CUT SLOPES A. Shape, trim, and finish cut slopes to conform with lines, grades, and cross- sections shown, with proper allowance for topsoil or slope protection, where shown. B. Remove stones and rock that exceed 3-inch diameter and that are loose and may roll down slope. Remove exposed roots from cut slopes. C. Round tops of cut slopes in soil to not less than a 6-foot radius, provided such rounding does not extend offsite or outside easements and rights-of-way, or adversely impacts existing facilities, adjacent property, or completed Work. 3.05 STOCKPILING EXCAVATED MATERIAL A. Stockpile excavated material that is suitable for use as fill or backfill until material is needed. B. Post signs indicating proposed use of material stockpiled. Post signs that are readable from all directions of approach to each stockpile. Signs should be clearly worded and readable by equipment operators from their normal seated position. C. Confine stockpiles to within easements, rights-of-way, and approved work areas. Do not obstruct roads or streets. D. Do not stockpile excavated material adjacent to trenches and other excavations, unless excavation side slopes and excavation support systems are designed, constructed, and maintained for stockpile loads. E. Do not stockpile excavated materials near or over existing facilities, adjacent property, or completed Work, if weight of stockpiled material could induce excessive settlement. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 170 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH EXCAVATION PW\DEN003\D3398900\D3398901 31 23 16 - 4 NOVEMBER 2021 ©COPYRIGHT 2021 JACOBS 3.06 DISPOSAL OF SPOIL A. Dispose of excavated materials, which are unsuitable or not needed for fill or backfill, in designated spoil disposal areas. END OF SECTION AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 171 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH PW\DEN003\D3398900\D3398901 FILL AND BACKFILL NOVEMBER 2021 31 23 23 - 1 ©COPYRIGHT 2021 JACOBS SECTION 31 23 23 FILL AND BACKFILL PART 1 GENERAL 1.01 REFERENCES A. The following is a list of standards which may be referenced in this section: 1. ASTM International (ASTM): a. C117, Standard Test Method for Materials Finer Than 75-Micrometers (No. 200) Sieve in Mineral Aggregates by Washing. b. C136, Standard Method for Sieve Analysis of Fine and Coarse Aggregates. c. D75, Standard Practice for Sampling Aggregates. d. D698, Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Standard Effort (12,400 ft-lbf/ft3 (600 kN-m/m3)). e. D1556, Standard Test Method for Density and Unit Weight of Soil in Place by the Sand-Cone Method. f. D1557, Test Method for Laboratory Compaction Characteristics of Soil Using Modified Effort (56,000 ft-lbf/ft3 (2,700 kN-m/m3)). g. D4253, Standard Test Methods for Maximum Index Density and Unit Weight of Soils Using a Vibratory Table. h. D4254, Standard Test Method for Minimum Index Density and Unit Weight of Soils and Calculation of Relative Density. i. D6938, Standard Test Methods for In-Place Density and Water Content of Soil and Soil-Aggregate by Nuclear Methods (Shallow Depth). 1.02 DEFINITIONS A. Borrow Material: Material from required excavations or from designated borrow areas on or near Site. B. Completed Course: A course or layer that is ready for next layer or next phase of Work. C. Embankment Material: Fill materials required to raise existing grade in areas other than under structures. D. Geosynthetics: Geotextiles, geogrids, or geomembranes. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 172 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH FILL AND BACKFILL PW\DEN003\D3398900\D3398901 31 23 23 - 2 NOVEMBER 2021 ©COPYRIGHT 2021 JACOBS E. Imported Material: Materials obtained from sources offsite, suitable for specified use. F. Influence Area: Area within planes sloped downward and outward at 60-degree angle from horizontal measured from: 1. 1 foot outside outermost edge at base of foundations or slabs. 2. 1 foot outside outermost edge at surface of roadways or shoulder. 3. 0.5 foot outside exterior at spring line of pipes or culverts. G. Lift: Loose (uncompacted) layer of material. H. Optimum Moisture Content: 1. Determined in accordance with ASTM Standard specified to determine maximum dry density for relative compaction. 2. Determine field moisture content on basis of fraction passing 3/4-inch sieve. I. Prepared Ground Surface: Ground surface after completion of required clearing and grubbing, stripping of topsoil, excavation to grade, and subgrade preparation. J. Relative Compaction: 1. Ratio, in percent, of as-compacted field dry density to laboratory maximum dry density as determined in accordance with ASTM D698. 2. Apply corrections for oversize material to either as-compacted field dry density or maximum dry density, as determined by Engineer. K. Relative Density: Calculated in accordance with ASTM D4254 based on maximum index density determined in accordance with ASTM D4253 and minimum index density determined in accordance with ASTM D4254. L. Selected Backfill Material: Materials available onsite that Engineer determines to be suitable for specific use. M. Shot Rock: Blasted rock material from onsite excavations, free from refuse, organic matter, ash, debris, or other deleterious material as approved by Engineer. N. Structural Fill: Fill materials as required under structures, pavements, and other facilities. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 173 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH PW\DEN003\D3398900\D3398901 FILL AND BACKFILL NOVEMBER 2021 31 23 23 - 3 ©COPYRIGHT 2021 JACOBS O. Well-Graded: 1. A mixture of particle sizes with no specific concentration or lack thereof of one or more sizes. 2. Does not define numerical value that must be placed on coefficient of uniformity, coefficient of curvature, or other specific grain size distribution parameters. 3. Used to define material type that, when compacted, produces a strong and relatively incompressible soil mass free from detrimental voids. 1.03 SUBMITTALS A. Action Submittal: 1. Samples: Imported material taken at source. B. Informational Submittal: Certified test results from independent testing agency. 1.04 QUALITY ASSURANCE A. Notify Engineer when: 1. Structure or tank is ready for backfilling, and whenever backfilling operations are resumed after a period of inactivity. 2. Soft or loose subgrade materials are encountered wherever embankment or site fill is to be placed. 3. Fill material appears to be deviating from Specifications. 1.05 SEQUENCING AND SCHEDULING A. Complete applicable Work specified in Section 31 23 16, Excavation; and Section 31 23 13, Subgrade Preparation, prior to placing fill or backfill. B. Do not place granular base, subbase, or surfacing until after subgrade has been prepared as specified in Section 31 23 13, Subgrade Preparation. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 174 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH FILL AND BACKFILL PW\DEN003\D3398900\D3398901 31 23 23 - 4 NOVEMBER 2021 ©COPYRIGHT 2021 JACOBS PART 2 PRODUCTS 2.01 SOURCE QUALITY CONTROL A. All imported materials specified in this section are subject to the following requirements: 1. All tests necessary for the Contractor to locate an acceptable source of imported material shall be made by the Contractor and its approved independent testing agency/laboratory. Certification the material conforms to the specification requirements along with copies of the certified test results shall be submitted to the Engineer for approval at least 10 working days before the material is required for use. All material samples to verify acceptable source of import material shall be furnished by the Contractor at the Contractor’s sole expense. Samples shall be representative and be clearly marked to show the source of the material and the intended use on the Project. Sampling of the material source shall be done by the independent testing agency/ laboratory in accordance with ASTM D75. Notify the Engineer at least 24 hours prior to sampling. The Engineer may, at the Engineer’s option, observe the sampling procedures. Tentative acceptance of the material source may be based on an inspection of the source by the Engineer and/or the certified test results submitted by the Contractor to the Engineer, at the Engineer’s discretion. No imported materials shall be delivered to the site until the proposed source and materials tests have been tentatively accepted in writing by the Engineer. Final acceptance will be based on tests made on samples of material taken from the completed and compacted course by the independent testing agency/laboratory. 2. Gradation tests by the Contractor shall be made on samples taken at the place of production prior to delivery. Samples of the finished product for gradation testing shall be taken from each 500 tons of prepared materials or more often as determined by the Engineer, if variation in gradation is occurring, or if the material appears to depart from the Specifications. Test results shall be forwarded to the Engineer within 48 hours after sampling. 3. If tests conducted by the Contractor’s independent testing agency/laboratory indicate the material does not meet specification requirements, material placement will be terminated until corrective measures are taken. Material which does not conform to the specification requirements and is placed in the Work shall be removed and replaced at the Contractor’s sole expense. All sampling and testing performed by the Contractor shall be done at the Contractor’s sole expense. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 175 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH PW\DEN003\D3398900\D3398901 FILL AND BACKFILL NOVEMBER 2021 31 23 23 - 5 ©COPYRIGHT 2021 JACOBS 2.02 WATER FOR MOISTURE CONDITIONING A. Free of hazardous or toxic contaminates, or contaminants deleterious to proper compaction. 2.03 SHOT ROCK A. Blasted rock material from onsite excavations, free from refuse, organic matter, ash, debris, or other deleterious material. Maximum particle size of shot rock shall be 3 inches. Shot rock shall have a maximum of 6 percent by weight passing the No. 200 sieve. Blasted rock material shall be processed to meet the gradation requirements for shot rock. Sourced onsite as approved by Engineer. 2.04 LEVELING COURSE A. Imported crushed rock or crushed gravel, free from roots and other organic material, refuse, ash, debris, rocks, and other deleterious material. B. Leveling course shall conform to the requirements for D-1 Base Course in Section 703-2.03, Aggregate for Base and Surface Course, of the Standard Specifications (ADOT, 2020). 2.05 DRAINAGE LAYER MATERIAL A. Drainage layer material shall consist of imported crushed gravel or crushed rock free from refuse, roots, organic matter, ash, debris, rocks, and other deleterious material. B. Drainage layer material shall conform to the aggregate quality requirements for Base Course in Section 703-2.03, Table 703-1 of the Standard Specifications (ADOT, 2020). Drainage layer material gradation shall be as follows: Sieve Size Percent Passing by Weight 1 inch 100 3/4 inch 90 - 100 No. 4 0 - 20 No. 8 0 - 10 No. 40 0 - 5 No. 200 0 - 2 AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 176 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH FILL AND BACKFILL PW\DEN003\D3398900\D3398901 31 23 23 - 6 NOVEMBER 2021 ©COPYRIGHT 2021 JACOBS C. Material shall be washed and screened as necessary to provide a free-draining material. Material shall have a minimum permeability of 0.3 cm/sec, as determined by ASTM D2434. A minimum of two permeability tests shall be conducted on representative samples of the material at the Contractor’s expense. Additional permeability tests shall be conducted, as requested by the Engineer, if significant variations in material gradation are observed. 2.06 COMPACTION EQUIPMENT A. Compaction equipment shall be of suitable type and adequate to obtain the specified relative densities and shall provide satisfactory breakdown of materials to form a dense and unyielding fill. B. Compaction equipment shall be operated in strict accordance with the manufacturer’s instructions and recommendations. Equipment shall be maintained in such condition that it will deliver the manufacturer’s rated compactive effort. If inadequate relative densities are obtained, larger and/or different types of additional equipment shall be provided by the Contractor at the Contractor’s sole expense. Hand-operated equipment shall also be capable of achieving the specified relative densities. 2.07 EQUIPMENT FOR OPERATION OVER GEOSYNTHETICS A. Track-mounted equipment with low ground pressure treads, no larger than a Caterpillar Model D6R LGP having a ground pressure of 5.0 psi or less, shall be used for spreading materials over the liner system (geomembrane/GCL). In no case shall tracked equipment operate on less than 12 inches of cover over liner system. B. Equipment other than above-described track-mounted equipment shall be operated above liner system on temporary haul roads at least 3 feet thick. Construction haul vehicles shall have a maximum contact pressure of 25 psi. Material used in temporary haul roads can be incorporated as part of drain sand, provided material has not been contaminated and meets requirements of drain sand. Otherwise, all construction haul road material shall be removed. PART 3 EXECUTION 3.01 GENERAL A. Keep placement surfaces free of water, debris, and foreign material during placement and compaction of fill and backfill materials. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 177 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH PW\DEN003\D3398900\D3398901 FILL AND BACKFILL NOVEMBER 2021 31 23 23 - 7 ©COPYRIGHT 2021 JACOBS B. Place and spread fill and backfill materials in horizontal lifts of uniform thickness, in a manner that avoids segregation, and compact each lift to specified densities prior to placing succeeding lifts. Slope lifts only where necessary to conform to final grades or as necessary to keep placement surfaces drained of water. C. During filling and backfilling, keep level of fill and backfill around each structure and buried tank even. D. Do not place fill or backfill, if fill or backfill material is frozen, or if surface upon which fill or backfill is to be placed is frozen. E. Tolerances: 1. Final Lines and Grades: Within a tolerance of 0.1 foot unless dimensions or grades are shown or specified otherwise. 2. Grade to establish and maintain slopes and drainage as shown. Reverse slopes are not permitted. F. Settlement: Correct and repair any subsequent damage to structures, pavements, curbs, slabs, piping, and other facilities, caused by settlement of fill or backfill material. 3.02 FILL A. Outside Influence Areas beneath Other Facilities: 1. Unless otherwise shown, place fill as follows: a. Allow for 6-inch thickness of topsoil where required. b. Maximum 8-inch thick lifts. c. Place and compact fill across full width of embankment. d. Compact to minimum 95 percent relative compaction. e. Dress completed embankment with allowance for topsoil, crest surfacing, and slope protection, where applicable. 3.03 PLACEMENT OF SHOT ROCK A. For embankment fill where placement of shot rock for earthfill is authorized by the Engineer, place shot rock as follows: 1. Maximum 12-inch thick lifts. 2. Place and compact first lift of fill across full width of embankment with a minimum four (4) passes, with proposed compaction equipment to a firm and unyielding condition. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 178 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH FILL AND BACKFILL PW\DEN003\D3398900\D3398901 31 23 23 - 8 NOVEMBER 2021 ©COPYRIGHT 2021 JACOBS 3. Engineer shall determine by observation when the lift is compacted to a firm and unyielding condition. 4. Contractor shall determine in-place density as specified in Article Field Quality Control, to establish the target density for subsequent compacted lifts of the shot rock. 5. Compact subsequent lifts to minimum 98 percent relative compaction as determined by the established target density. 6. Dress completed embankment with allowance for topsoil, crest surfacing, and slope protection, where applicable. 3.04 PLACEMENT OF LEVELING COURSE IN LINER AND COVER AREAS A. Place leveling course above the prepared subgrade surface in the liner and cover areas as specified in Section 31 23 13, Subgrade Preparation. Place leveling course in maximum 8-inch lifts and compact to 95 percent relative compaction as determined in accordance with ASTM D698. B. Grade leveling course surface to the elevations shown on the Drawings and to achieve a firm, smooth, unyielding surface without ruts. Surface shall not have holes, depressions more than 1/2 inch, nor protrusions extending above the surface more than 1/4 inch. Any depressions or voids exceeding the size limits specified shall be filled with leveling course to desired grade prior to compaction. Roll surface with smooth-drum roller or as otherwise approved by the Engineer. 3.05 REPLACING OVEREXCAVATED MATERIAL A. Replace excavation carried below grade lines shown or established by Engineer as follows: 1. If areas continue to be relatively soft but can be reinforced by fabric per the Engineer, install a woven (reinforcing) geotextile in the overexcavated/subexcavated zone as specified in Section 31 32 19.16, Geotextile. 2. Beneath Fill or Backfill: Same material as specified for overlying fill or backfill. 3. Permanent Cut Slopes (Where Overlying Area is Not to Receive Fill or Backfill): a. Flat to Moderate Steep Slopes (3:1, Horizontal Run: Vertical Rise or Flatter). AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 179 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH PW\DEN003\D3398900\D3398901 FILL AND BACKFILL NOVEMBER 2021 31 23 23 - 9 ©COPYRIGHT 2021 JACOBS b. Steep Slopes (Steeper than 3:1): 1) Correct overexcavation by transitioning between overcut areas and designed slope adjoining areas, provided such cutting does not extend offsite or outside easements and right-of-ways, or adversely impacts existing facilities, adjacent property, or completed Work. 2) Backfilling in these areas of steep slopes is restricted unless, in Engineer’s opinion, backfill will remain stable, and material is replaced as compacted fill. Coordinate with Engineer in these zones. 3.06 PREPARED NATIVE SUBGRADE/FOUNDATION LAYER A. Conform to requirements of Section 31 23 13, Subgrade Preparation. 3.07 PLACING FILL OVER GEOSYNTHETICS A. General: 1. Prior to placing material over geomembrane, notify Engineer. Do not cover installed geomembrane until after Engineer provides authorization to proceed. 2. Do not place materials on geomembrane where typical height of wrinkles is greater than 2 inches and spacing between wrinkles is less than 10 feet. Also, do not place soil materials in manner that will cause wrinkles to fold over or become confined to form a vertical ridge. 3. Place soil materials when geomembrane is cool and contracted and wrinkles are minimized. 4. If tears, punctures, or other geomembrane damage occurs during placement of overlying material, remove overlying products as necessary to expose damaged geomembrane, and repair damage as specified in Section 33 47 13.01, Linear Low-Density Polyethylene (LLDPE) Geomembrane Liner. 5. Geomembrane installer shall remain available during placement of overlying products to repair geomembrane if damaged. 6. Place fill over geosynthetics with sufficient care so as not to damage them. 7. Place fill only by back dumping and spreading evenly. 8. Dump fill only on previously placed fill. 9. While operating equipment, avoid sharp turns, sudden starts or stops that could damage geosynthetics. B. Hauling and Spreading Equipment: Refer to Article Equipment for Operating Over Geosynthetics. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 180 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH FILL AND BACKFILL PW\DEN003\D3398900\D3398901 31 23 23 - 10 NOVEMBER 2021 ©COPYRIGHT 2021 JACOBS C. Spreading: 1. Spread fill in same direction as unseamed overlaps to avoid separation of seams and joints. 2. Never push fill downslope. Spread fill over sideslopes by pushing up from slope bottom. Limit distance material falls onto the geosynthetics to maximum of 2 feet. 3. Correct wrinkles in geosynthetics as specified in respective Specification section for each geosynthetic. 4. Maintain proper overlap of unseamed geosynthetics. 5. Avoid overstressing geosynthetics and seams. D. Compaction: Compact fill only after uniformly spread to full lift thickness as specified herein. E. Geosynthetic Damage: 1. Mark punctures, tears, or other damage to geosynthetics, so repairs may be made. 2. Clear overlying fill as necessary to repair damage. 3. Repairs to geosynthetics shall be made by respective installers as specified in respective specification section for each geosynthetic. 3.08 PLACEMENT OF FILL OVER LINER AND COVER SYSTEMS A. Place fill materials over liner and cover systems in a single layer to lines and grades shown and as specified in Article Placing Fill Over Geosynthetics. Compact by tracking each layer a minimum of three passes with spreading equipment. B. Contractor shall provide and maintain a means of continuously observing the depth of fill material in liner and cover systems such as by freestanding markers until placement is complete, at intervals of 50 feet maximum each way. Sharpened stakes or methods that could damage the geomembrane are not allowed. Contractor shall provide and operate air jetting equipment to assist Engineer’s checking of fill material depth on an approximate 50-foot grid. C. During hauling and placement of fill material in liner and cover systems, prevent mixing with other materials. If fill material becomes mixed with other materials, the Contractor shall remove the mixed material and replace it with the required material for the liner and cover system at the Contractor’s sole expense. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 181 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH PW\DEN003\D3398900\D3398901 FILL AND BACKFILL NOVEMBER 2021 31 23 23 - 11 ©COPYRIGHT 2021 JACOBS D. During liner and cover material placement operations, the Engineer may be monitoring liner movement and integrity. At the Engineer’s request, the Contractor shall uncover 100 to 200 2-foot square areas of the geomembrane over the course of the project at no additional cost to the Owner. 3.09 ACCESS ROAD SURFACING A. Place and compact as specified in Standard Specifications (ADOT, 2020). 3.10 SITE TESTING A. Gradation: 1. One sample from each 500 tons of imported finished product or more often as determined by Engineer, if variation in gradation is occurring, or if material appears to depart from specifications. 2. If test results indicate material does not meet specification requirements, terminate material placement until corrective measures are taken. 3. Remove material placed in Work that does not meet specification requirements. 4. In-Place Density Tests: In accordance with ASTM D6938. 5. Fill: One test for every 15,000 square feet of each lift, or one test per lift, whichever requires more tests. 3.11 FIELD QUALITY CONTROL A. The Contractor shall determine in-place density and moisture content by any one or combination of the following methods: 1. ASTM D1556. 2. ASTM D6938. 3. Other methods approved by the Engineer. B. Contractor shall use a qualified independent testing agency and certified technicians to perform materials sampling and field and laboratory testing in accordance with ASTM Standards. Submit qualifications of the testing agency in accordance with Article Submittals. C. Testing requirements and locations will be determined by the Engineer. Contractor shall cooperate with the Engineer and testing work by leveling small test areas designated by the Engineer. Backfill test areas at Contractor’s sole expense. The Engineer may have any material tested at any time, location, or elevation. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 182 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH FILL AND BACKFILL PW\DEN003\D3398900\D3398901 31 23 23 - 12 NOVEMBER 2021 ©COPYRIGHT 2021 JACOBS D. After Contractor makes repairs to any areas failing a test, the Contractor shall rerun appropriate tests, subject to the approval of the Engineer, to demonstrate that the area meets specifications, at the Contractor’s sole expense. E. For tests conducted in the field, the Contractor shall submit results from the tests to the Engineer within 24 hours. If a sample is taken from the field and sent to a laboratory for testing, the Contractor shall submit test results to the Engineer within 48 hours after the sample is taken in the field. F. For Bidding purposes, the following minimum test schedule shall be assumed. Additional tests may be required as directed by Engineer. 1. In-place density tests shall be made on the following minimum schedule: a. Embankment Fill: One per 1,000 linear feet per lift. b. Subgrade Preparation for Liner System: Four per acre. c. Anchor Trench Backfill: One per 500 linear feet per lift. 2. Standard Proctor laboratory density curves (five-point minimum) shall be submitted for each native and imported material. Samples of native materials used for embankment and backfill and additional samples of imported materials shall be taken at locations as specified by Engineer (ASTM D698). Contractor shall provide updated Standard Proctor laboratory density curves (five-point minimum) where native or imported materials change consistency, as directed by the Engineer. END OF SECTION AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 183 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH PW\DEN003\D3398900\D3398901 GEOTEXTILE NOVEMBER 2021 31 32 19.16 - 1 ©COPYRIGHT 2021 JACOBS SECTION 31 32 19.16 GEOTEXTILE PART 1 GENERAL 1.01 REFERENCES A. The following is a list of standards that may be referenced in this section: 1. ASTM International (ASTM): a. D737, Standard Test Method for Air Permeability of Textile Fabrics. b. D4355, Standard Test Method for Deterioration of Geotextiles by Exposure to Light, Moisture and Heat in a Xenon Arc Type Apparatus. c. D4491, Standard Test Methods for Water Permeability of Geotextiles by Permittivity. d. D4533, Standard Test Method for Trapezoid Tearing Strength of Geotextiles. e. D4595, Standard Test Method for Tensile Properties of Geotextiles by the Wide-Width Strip Method. f. D4632, Standard Test Method for Grab Breaking Load and Elongation of Geotextiles. g. D4716, Test Method for Determining the (In-Plane) Flow Rate per Unit Width and Hydraulic Transmissivity of a Geosynthetic Using a Constant Head. h. D4751, Standard Test Method for Determining Apparent Opening Size of a Geotextile. i. D4833, Standard Test Method for Index Puncture Resistance of Geotextiles, Geomembranes, and Related Products. j. D4884, Standard Test Method for Strength of Sewn or Thermally Bonded Seams of Geotextiles. k. D4886, Standard Test Method for Abrasion Resistance of Geotextiles (Sand Paper/Sliding Block Method). l. D5199, Standard Test Method for Measuring the Nominal Thickness of Geosynthetics. m. D5261, Standard Test Method for Measuring Mass per Unit Area of Geotextiles. n. D6193, Standard Practice for Stitches and Seams. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 184 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH GEOTEXTILE PW\DEN003\D3398900\D3398901 31 32 19.16 - 2 NOVEMBER 2021 ©COPYRIGHT 2021 JACOBS 1.02 DEFINITIONS A. Fabric: Geotextile, a permeable geosynthetic comprised solely of textiles. B. Maximum Average Roll Value (MaxARV): Maximum of series of average roll values representative of geotextile furnished. C. Minimum Average Roll Value (MinARV): Minimum of series of average roll values representative of geotextile furnished. D. Nondestructive Sample: Sample representative of finished Work, prepared for testing without destruction of Work. E. Overlap: Distance measured perpendicular from overlapping edge of one sheet to underlying edge of adjacent sheet. F. Seam Efficiency: Ratio of tensile strength across seam to strength of intact geotextile, when tested according to ASTM D4884. 1.03 SUBMITTALS A. Action Submittals: 1. Shop Drawings: a. Manufacturer material specifications and product literature. b. Installation drawings showing geotextile sheet layout, location of seams, direction of overlap, and sewn seams. c. Description of proposed method of geotextile deployment, sewing equipment, sewing methods, and provisions for holding geotextile temporarily in place until permanently secured. 2. Samples: a. Geotextile: One-piece, minimum 18 inches long, taken across full width of roll of each type and weight of geotextile furnished for Project. Label each with brand name and furnish documentation of lot and roll number from which each Sample was obtained. b. Field Sewn Seam: 5-foot length of seam, 12 inches wide with seam along center, for each type and weight of geotextile. c. Securing Pin and Washer: One each. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 185 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH PW\DEN003\D3398900\D3398901 GEOTEXTILE NOVEMBER 2021 31 32 19.16 - 3 ©COPYRIGHT 2021 JACOBS B. Informational Submittals: 1. Certifications from each geotextile manufacturer that furnished products have specified property values. Certified property values shall be either minimum or maximum average roll values, as appropriate, for geotextiles furnished. 2. Field seam efficiency test results. 1.04 DELIVERY, STORAGE, AND HANDLING A. Deliver each roll with sufficient information attached to identify it for inventory and quality control. B. Handle products in manner that maintains undamaged condition. C. Do not store products directly on ground. Ship and store geotextile with suitable wrapping for protection against moisture and ultraviolet exposure. Store geotextile in way that protects it from elements. If stored outdoors, elevate and protect geotextile with waterproof cover. 1.05 SCHEDULING AND SEQUENCING A. Where geotextile is to be laid directly upon ground surface, prepare subgrade as specified in Section 31 23 13, Subgrade Preparation, first. B. Notify Engineer whenever geotextiles are to be placed. Do not place geotextile without Engineer’s approval of underlying materials. PART 2 PRODUCTS 2.01 GEOTEXTILE A. Geotextile shall be a nonwoven pervious sheet of polyester, polypropylene, polyethylene, or polyamide fibers oriented into a stable network, so fibers retain their relative position with respect to each other. Fabric shall be composed of continuous or discontinuous (staple) fibers held together through spun-bonding, melt-bonding, resin-bonding, or needle-punching. Edges of fabric shall be selvaged or otherwise finished to prevent other material from pulling away from fabric. Fabric shall be woven into a nominal unseamed width of 15 feet or greater. Geotextile shall be as manufactured by Carthage Mills, Cincinnati, OH; Amoco Fabrics and Fibers, Austell, GA; Synthetic Industries, Chattanooga, TN; or Mirafi, Pendergrass, GA. Fabric shall conform to physical strength requirements in Table No. 1 and Table No. 2. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 186 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH GEOTEXTILE PW\DEN003\D3398900\D3398901 31 32 19.16 - 4 NOVEMBER 2021 ©COPYRIGHT 2021 JACOBS Table No. 1 Physical Strength Requirements (for Separation Geotextile) Property Requirement Test Method Mass (Weight), oz./sq. yd., min. 8.0 ASTM D5261 Water Permittivity sec-1, min. 1.5 ASTM D4491 (Falling Head) Apparent Opening Size (AOS), U.S. Standard Sieve Size 70 max. opening; 100 min. opening ASTM D4751 Grab Tensile Strength, lbs., min. 140 ASTM D4632 Grab Elongation, % min. 50 ASTM D4632 Mullen Burst Strength, psi, min. 210 ASTM D3786 Puncture Strength, lbs., min. 75 ASTM D4833 Trapezoid Tear Strength, lbs., min. 65 ASTM D4533 Ultraviolet Radiation Resistance, % Strength Retention at 500 hours. 70 ASTM D4355 Table No. 2 Physical Strength Requirements (for Cushion Geotextile) Property Requirement Test Method Mass (Weight), oz./sq. yd., min. 12.0 ASTM D5261 Grab Tensile Strength, lbs., min. 300 ASTM D4632 Puncture Strength, lbs., min. 130 ASTM D4833 Trapezoid Tear Strength, lbs., min. 110 ASTM D4533 2.02 SEWING THREAD A. Polypropylene, polyester, or Kevlar thread. B. Durability: Equal to or greater than durability of geotextile sewn. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 187 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH PW\DEN003\D3398900\D3398901 GEOTEXTILE NOVEMBER 2021 31 32 19.16 - 5 ©COPYRIGHT 2021 JACOBS 2.03 SECURING PINS A. Steel Wire Staples: 1. U-shaped. 2. 10 gauge. 3. Minimum Length: 6 inches. PART 3 EXECUTION 3.01 GENERAL A. Geotextile fabric shall be placed in the manner and at locations shown on the Drawings or as directed by the Engineer. B. At time of installation, fabric shall be rejected if it has defects, rips, holes, flaws, deterioration, or damage incurred during manufacture, transportation, storage, or placement. Visual review of the fabric shall be performed once fabric has been placed and prior to placement of any overlying materials. C. Fabric shall be placed with machine direction (long dimension) parallel to pipe alignment or slope, unless otherwise directed by the Engineer, and shall be laid smooth and free of tension, stress, folds, wrinkles, or creases. D. Securing pins or other methods that may damage liner systems will not be permitted. Bags of soil or other methods approved by the Engineer shall be used to temporarily secure geotextile during installation. Securing pins or staples are permitted outside of liner areas (along roadways). Refer to Article Securing Reinforcing Geotextile. E. The fabric shall always be protected during construction from contamination by surface runoff and any fabric so contaminated shall be removed and replaced with uncontaminated fabric. F. Do not operate machinery directly on the geotextile. When placing material over joints, place in the direction from the overlying geotextile to the underlying geotextile. Prevent puncture, tear, or displacement of geotextile and protect from damage. Replace torn areas and holes by placing a patch of geotextile having dimensions at least 2 feet greater than the tear or hole. Patch shall be sewn or secured by other method as approved by the Engineer. 3.02 SEAMS A. Edge seams shall overlap a minimum of 12 inches or as otherwise shown. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 188 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH GEOTEXTILE PW\DEN003\D3398900\D3398901 31 32 19.16 - 6 NOVEMBER 2021 ©COPYRIGHT 2021 JACOBS 3.03 SECURING GEOTEXTILE A. Secure geotextile during installation as necessary with sandbags or other means approved by Engineer. B. Secure Geotextile with Securing Pins or Staples: 1. Insert securing pins with washers through geotextile. 2. Securing Pin Alignment: a. Midway between edges of overlaps. b. 6 inches from free edges. 3. Spacing of Securing Pins: Slope Maximum Pin Spacing Steeper than 3:1 2 feet 3:1 to 4:1 3 feet Flatter than 4:1 5 feet 4. Install additional pins across each geotextile sheet as necessary to prevent slippage of geotextile or to prevent wind from blowing geotextile out of position. 5. Push each securing pin through geotextile until washer bears against geotextile and secures it firmly to subgrade. 6. Where staples are used instead of securing pins, install in accordance with alignment and spacing above. Push into secure geotextile firmly to subgrade. 3.04 PLACING PRODUCTS OVER GEOTEXTILE A. Before placing material over geotextile, notify Engineer. Do not cover installed geotextile until after Engineer provides authorization to proceed. B. If tears, punctures, or other geotextile damage occurs during placement of overlying products, remove overlying products as necessary to expose damaged geotextile. Repair damage as specified in Article Repairing Geotextile. 3.05 INSTALLING GEOTEXTILE IN TRENCHES A. Place geotextile in a way to completely envelope granular drain material to be placed in trench and with specified overlap at joints. Overlap geotextile in direction of flow. Place geotextile in a way and with enough slack for geotextile to contact trench bottom and sides fully when trench is backfilled. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 189 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH PW\DEN003\D3398900\D3398901 GEOTEXTILE NOVEMBER 2021 31 32 19.16 - 7 ©COPYRIGHT 2021 JACOBS B. After granular drain material is placed to required grade, fold geotextile over top of granular drain material, unless otherwise shown. Maintain overlap until overlying fill or backfill is placed. 3.06 RIPRAP APPLICATIONS A. Overlap geotextile at each joint with upstream sheet of geotextile overlapping downstream sheet. B. Sew joints where wave run-up may occur. C. Limit height of riprap fall onto geotextile to prevent damage. 1. Drop Height: 0.5 foot for protection of geotextile. 3.07 REPAIRING GEOTEXTILE A. Repair or replace torn, punctured, flawed, deteriorated, or otherwise damaged geotextile. B. Repair Procedure: 1. Place patch of undamaged geotextile over damaged area and at least 18 inches in all directions beyond damaged area. 2. Remove interfering material as necessary to expose damaged geotextile for repair. 3. Sew patches or secure them with heat fusion tacking or with pins and washers, as specified above in Article Securing Geotextile, or by other means approved by Engineer. 3.08 REPLACING CONTAMINATED GEOTEXTILE A. Protect geotextile from contamination that would interfere, in Engineer’s opinion, with its intended function. Remove and replace contaminated geotextile with clean geotextile. END OF SECTION AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 190 of 370 AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 191 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH PW\DEN003\D3398900\D3398901 STRIP DRAINS NOVEMBER 2021 31 32 20 - 1 ©COPYRIGHT 2021 JACOBS SECTION 31 32 20 STRIP DRAINS PART 1 GENERAL 1.01 SECTION INCLUDES A. Section covers the Work necessary to furnish and install strip drains as part of the final cover system in the Stage 3 Closure as shown on Drawings. 1.02 REFERENCES A. The following is a list of standards that may be referenced in this section: 1. ASTM International (ASTM): a. D1621, Test Method for Compressive Properties of Rigid Cellular Plastics. b. D3786, Test Method for Hydraulic Bursting Strength of Textile Fabrics-Diaphragm Bursting Strength Tester Method. c. D4491, Test Methods for Water Permeability of Geotextiles by Permittivity. d. D4533, Test Method for Trapezoid Tearing Strength of Geotextiles. e. D4595, Test Method for Tensile Properties of Geotextiles by the Wide-Width Strip Method. f. D4632, Test Method for Grab Breaking Load and Elongation of Geotextiles. g. D4716, Test Method for Determining the (In-Plane) Flow Rate Per Unit Width and Hydraulic Transmissivity of a Geosynthetic Using a Constant Head. h. D4751, Test Method for Determining Apparent Opening Size of a Geotextile. i. D4833, Test Method for Index Puncture Resistance of Geotextiles, Geomembranes, and Related Products. j. D5199, Standard Test Method for Measuring the Nominal Thickness of Geosynthetics. k. G21, Practice for Determining Resistance of Synthetic Polymeric Materials to Fungi. 1.03 DEFINITIONS A. Minimum Average Roll Value: Mean of the average roll test values for all rolls of strip drains tested minus two standard deviations. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 192 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH STRIP DRAINS PW\DEN003\D3398900\D3398901 31 32 20 - 2 NOVEMBER 2021 ©COPYRIGHT 2021 JACOBS B. Strip Drains: Prefabricated drainage composites consisting of a geotextile wrapped drainage core that serves to collect subsurface water collecting over the liner and rapidly convey it to an appropriate point of discharge, and meets the minimum specified requirements as stated herein. 1.04 SUBMITTALS A. Action Submittals: 1. Shop Drawings: a. Manufacturer’s specifications and literature for each geomembrane furnished, and all products used to complete the installation. b. Descriptive installation drawings and literature including specifications for splicing and geotextile end wrapping or end capping. 2. Samples: a. Two samples of the following: 1) 2 linear feet of the strip drain. 2) Two 1-foot minimum lengths of strip drain spliced with a geotextile wrap or end cap on one end. B. Informational Submittals: 1. Mill certificate from the strip drain manufacturer attesting the strip drain used on this Project meets chemical, physical, and manufacturing requirements specified herein. 2. Certified test reports for each shipment of material attesting the strip drains meet the requirements of this specification. 3. Recommended methods for handling and storage of products. C. Exceptions: Listing of all exceptions to the requirements specified herein. 1.05 DELIVERY, STORAGE, AND HANDLING A. Materials shall be handled in such a manner as to ensure delivery to the Site in sound, undamaged condition. Materials delivered to the Site shall be inspected for damage and unloaded and stored with a minimum of handling. B. During shipment and storage, strip drains shall be wrapped in burlap or similar heavy-duty protective covering. Materials shall not be stored directly on the ground. Storage area shall be such the fabric is protected from mud, soil, dust, and debris. Strip drain materials that are not to be installed immediately shall be stored indoors in their original packaging; if outdoors, they shall be elevated and shall be protected from moisture and from direct AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 193 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH PW\DEN003\D3398900\D3398901 STRIP DRAINS NOVEMBER 2021 31 32 20 - 3 ©COPYRIGHT 2021 JACOBS rays of the sun under a light-colored, heat-reflective opaque cover in a manner that provides free airflow space between the materials and the cover. C. At time of installation, strip drain shall be rejected if it has defects, holes, flaws, deterioration, or damage incurred during manufacture, transportation, or storage. PART 2 PRODUCTS 2.01 GEOTEXTILE WRAP A. The geotextile wrap surrounding the strip drain core shall be a nonwoven, pervious sheet of polypropylene or polyester fibers oriented into a stable network so that the fibers retain their relative position with respect to each other. The fabric shall be composed of continuous fiber or discontinuous (staple) fibers held together through needle-punching. The edges of the fabric shall be finished to prevent the fibers from pulling away from the fabric. B. The geotextile shall conform to requirements in Table 1. Table 1 Geotextile Wrap Physical Property Required Value* Test Method Permitivity, sec-1 1.0 ASTM D4491 (falling head) Apparent Opening Size, U.S. Standard Sieve Size 70 max. opening 100 min. ASTM D4751 Grab Tensile Strength, lb 90 ASTM D4632 Grab Elongation, percent 50 ASTM D4632 Puncture Strength, lb 45 ASTM D4833 Mullen Burst Strength, psi 170 ASTM D3786 Trapezoid Tear, lb 40 ASTM D4533 Fungus Resistance No growth ASTM G21 Wide Width Strength, lb/in Machine Direction 50 ASTM D4595 *Minimum average roll values. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 194 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH STRIP DRAINS PW\DEN003\D3398900\D3398901 31 32 20 - 4 NOVEMBER 2021 ©COPYRIGHT 2021 JACOBS C. Fabric shall completely encapsulate the strip drain core, except for the ends, and shall have a sealed seam that does not allow soil particles larger in diameter than the apparent opening size (AOS) rating for the fabric to enter. D. Fabric shall be glued, heat bonded, or otherwise attached to the apex or tips of the drainage core so the fabric will not interfere with flow through the core channels when covered with soil. E. Geotextile end caps and fabric used for repair shall conform to this Specification section. 2.02 STRIP DRAIN CORE A. Strip drain core shall consist of perforated plastic, polyethylene, or high- density polyethylene formed into channels, nipples, tubes, cuspated sections, or waffle-like profiles that can collect water from all directions and rapidly convey collected water in flow channels, lengthwise along its long axis. B. Strip drain core shall conform to the requirements in Table 2. The core shall also be capable of conveying flow transverse to the long axis. Table 2 Strip Drain Core Physical Property Minimum Required Value Test Method Thickness, in. 3/4 min. 1-1/4 max. ASTM D5199 Crush Strength, psf 7,500 ASTM D1621 Modified Width, in. 11.5 — Flow Rate, gpm/ft Width: Geotextile-wrapped core in soil environment 13 ASTM D4716 (14.5 psi load drainage gradient = 0.10) Fungus Resistance No growth ASTM G21 Roll Length, ft 350 — C. Strip drain (core plus attached geotextile) shall be as manufactured by American Wick Drain Corp., Monroe, NC; Contech Construction Products, Inc., Middletown, OH; or American Drainage Systems, Waxhaw, NC. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 195 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH PW\DEN003\D3398900\D3398901 STRIP DRAINS NOVEMBER 2021 31 32 20 - 5 ©COPYRIGHT 2021 JACOBS 2.03 MANUFACTURER’S (SOURCE) QUALITY CONTROL A. Factory test strip drain geotextile wrap and core materials for specified physical properties per manufacturer’s QC Plan, also including those properties listed in tables under Articles Geotextile Wrap and Strip Drain Core. 2.04 SPLICES AND STANDARD OUTLET FITTINGS A. Splice or coupling to be used for joining lengths of strip drains shall be from the same manufacturer as the strip drains. All materials and tools necessary to splice lengths of strip drain per the manufacturer’s recommendations shall be provided by the Contractor. 2.05 TAPE A. Tape used for connections on the strip drains shall be polyethylene tape manufactured for use underground. PART 3 EXECUTION 3.01 PLACEMENT OF STRIP DRAINS A. Strip drains shall be placed at the locations shown on Drawings or as directed by the Engineer, in accordance with manufacturer’s recommendations. The strip drain shall be placed with the long dimension angled cross-slope to intercept landfill gas, unless otherwise directed by the Engineer, and shall be laid smooth and free of tension, stress, folds, wrinkles, or creases. B. Strip drains with a different core configuration on each side shall be placed with the more pervious side facing up. C. Strip drains shall be anchored in place during placement of overlying material. The Contractor shall anchor the strip drains such that they will remain in their original position, orientation, and spacing after overlying material is placed. D. Strip drains shall connect to existing Stage 2 strip drains on the east of the Stage 3 Closure limits and daylight on the west of the Stage 3 Closure limits as shown on Drawings. 3.02 PROTECTION OF STRIP DRAINS A. All upstream exposed sections of the core shall be covered with an end cap, as recommended by the manufacturer. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 196 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH STRIP DRAINS PW\DEN003\D3398900\D3398901 31 32 20 - 6 NOVEMBER 2021 ©COPYRIGHT 2021 JACOBS B. The strip drains shall be protected at all times during construction and installation from contamination by surface runoff or construction debris. Any strip drain contaminated by mud, silt, or other foreign materials that may plug the geotextile wrap shall be removed and replaced with uncontaminated strip drain, at the Contractor’s sole expense. C. Should the strip drain geotextile be damaged during any step of the installation, the torn or punctured section shall be repaired by placing a piece of strip drain geotextile that extends at least 18 inches in all directions beyond the damaged area and taping the geotextile as required in these Specifications. D. Damaged core sections shall be removed and replaced with an undamaged section of strip drain in accordance with the manufacturer’s recommendations. 3.03 JOINING LENGTHS OF STRIP DRAINS A. Lengths of strip drain shall be connected by means of a splice per the manufacturer’s recommendations. Typical splicing details may differ depending on the product used. At a minimum, splicing shall mean: 1. Cut the core as necessary to ensure a square end of core. 2. Connect the core sections per the manufacturer’s recommendations. 3. Replace the geotextile over the core. 4. Tape the splice per the manufacturer’s recommendations, but no less than 6 inches in width. The Contractor shall ensure that the strip drain core is not bent from too tight a tape wrap and that the core lies flat against the geomembrane. 3.04 CAPPING ENDS OF STRIP DRAINS WITH GEOTEXTILE A. Upper ends of strip drains not discharging to collection trenches shall be capped with a geotextile end cap or shall be cut and wrapped with geotextile, per the manufacturer’s recommendations. B. Tape the capped ends of the geotextile a minimum width of 6 inches around the core. 3.05 FIELD QUALITY CONTROL A. Engineer to cross-check material certifications with delivered roll and lot numbers to verify material delivered is acceptable. END OF SECTION AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 197 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH PW\DEN003\D3398900\D3398901 RIPRAP NOVEMBER 2021 31 37 00 - 1 ©COPYRIGHT 2021 JACOBS SECTION 31 37 00 RIPRAP PART 1 GENERAL 1.01 REFERENCES A. The following is a list of standards which may be referenced in this section: 1. ASTM International (ASTM): a. C94/C94M, Standard Specification for Ready-Mixed Concrete. b. C136, Standard Test Method for Sieve Analysis of Fine and Coarse Aggregates. c. C150, Standard Specification for Portland Cement. d. C535, Standard Test Method for Resistance to Degradation of Large-Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine. 1.02 DEFINITIONS A. Refer to applicable definitions in Section 31 23 23, Fill and Backfill. 1.03 SUBMITTALS A. Action Submittals: 1. Shop Drawings: Description and location of proposed sources of riprap bedding and riprap. B. Informational Submittals: 1. Quarry Certificate of Conformance and supporting documentation showing proposed riprap bedding or riprap meet Standard Specification gradation and materials requirements for the Class or Type specified. 2. Certified Test Results: a. Riprap: 1) Gradation. 2) Abrasion resistance. 3. Trip tickets showing source, type, and weight of each load of material delivered to Site. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 198 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH RIPRAP PW\DEN003\D3398900\D3398901 31 37 00 - 2 NOVEMBER 2021 ©COPYRIGHT 2021 JACOBS 1.04 QUALITY ASSURANCE A. Riprap Source: Quarry that has produced riprap and has performed satisfactorily on other projects for at least 3 years. B. Site Visit: Make arrangements for Engineer to visit quarry site to observe materials proposed for riprap and riprap bedding. 1.05 SCHEDULING AND SEQUENCING A. Complete subgrade preparation as specified in Section 31 23 13, Subgrade Preparation, and geotextile installation as specified in Section 31 32 19.16, Geotextile, prior to placing riprap. PART 2 PRODUCTS 2.01 GEOTEXTILE RIPRAP BEDDING A. Separation geotextile as specified in Section 31 32 19.16, Geotextile. 2.02 RIPRAP A. Hard and durable quarry stone free from fractures, bedding planes, pronounced weathering, and earth or other adherent coatings. B. Minimum Dimension of Individual Pieces: Not less than 1/3 maximum dimension. C. Abrasion Resistance: Maximum 35 percent wear as determined in accordance with ASTM C535. D. Bulk Density: Minimum 160 pounds per dry cubic foot. E. Gradation: Smaller pieces shall generally fill voids between larger pieces without either excess or deficiency of one or more sizes of stone. Class Thickness (Inches) Weight (Pounds) % Greater Than I 12 150 100 50 25 0 to 5 30 75 90 AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 199 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH PW\DEN003\D3398900\D3398901 RIPRAP NOVEMBER 2021 31 37 00 - 3 ©COPYRIGHT 2021 JACOBS PART 3 EXECUTION 3.01 PLACING RIPRAP ON RIPRAP BEDDING A. Place riprap to lines and grades shown. B. No mechanical compaction of riprap is required; however, work riprap bedding as necessary to distribute it and to eliminate detrimental voids. Avoid overworking or long pushes that result in segregation of particle sizes. C. Grade surface of riprap bedding free from irregularities and to tolerances of 0.2 feet from established grade. D. Place and grade riprap in a manner that avoids subgrade disturbance. E. Place riprap on geotextile without puncturing or damaging geotextile. If damaged, repair geotextile prior to proceeding. END OF SECTION AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 200 of 370 AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 201 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH PW\DEN003\D3398900\D3398901 LINEAR LOW-DENSITY POLYETHYLENE NOVEMBER 2021 GEOMEMBRANE LINER ©COPYRIGHT 2021 JACOBS 33 47 13.01 - 1 SECTION 33 47 13.01 LINEAR LOW-DENSITY POLYETHYLENE (LLDPE) GEOMEMBRANE LINER PART 1 GENERAL 1.01 REFERENCES A. The following is a list of standards which may be referenced in this section: 1. ASTM International (ASTM): a. D792, Standard Test Methods for Density and Specific Gravity (Relative Density) of Plastics by Displacement. b. D882, Standard Test Method for Tensile Properties of Thin Plastic Sheeting. c. D1004, Standard Test Method for Tear Resistance (Graves Tear) of Plastic Film and Sheeting. d. D1505, Standard Test Method for Density of Plastics by the Density-Gradient Technique. e. D1693, Standard Test Method for Environmental Stress-Cracking of Ethylene Plastics. f. D2240, Standard Test Method for Rubber Property-Durometer Harness. g. D4833, Standard Test Method for Index Puncture Resistance of Geotextiles, Geomembranes, and Related Products. h. D5199, Standard Test Method for Measuring Nominal Thickness of Geosynthetics. i. D5321, Standard Test Method for Determining the Coefficient of Soil and Geosynthetic or Geosynthetic and Geosynthetic Friction by the Direct Shear Method. j. D5641, Standard Practice for Geomembrane Seam Evaluation by Vacuum Chamber. k. D5994, Standard Test Method for Measuring Core Thickness of Textured Geomembrane. l. D6392, Standard Test Method for Determining the Integrity of Nonreinforced Geomembrane Seams Produced Using Thermo- Fusion Methods. m. D6693, Standard Test Method for Determining the Tensile Properties of Nonreinforced Polyethylene and nonreinforced Flexible Polypropylene Geomembranes. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 202 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH LINEAR LOW-DENSITY POLYETHYLENE PW\DEN003\D3398900\D3398901 GEOMEMBRANE LINER NOVEMBER 2021 33 47 13.01 - 2 ©COPYRIGHT 2021 JACOBS 1.02 DEFINITIONS A. Boot: Watertight collar fabricated from geomembrane sheet for sealing geomembrane to pipes and other objects that penetrate geomembrane. B. Film Tearing Bond: Failure in ductile mode of one bonded sheet, by testing, prior to complete separation of bonded area. C. Geomembrane: Essentially impermeable geosynthetic composed of one or more layers of polyolefin materials fusion bonded into single-ply integral sheet. D. Panel: Piece of geomembrane composed of two or more sheets seamed together. E. Sheet: Seamless piece of geomembrane. F. Watertight: Geomembrane installation free of flaws and defects that will allow passage of water and gases, liquids, and solids to be contained under anticipated service conditions. 1.03 SUBMITTALS A. Action Submittals: 1. Shop Drawings: a. Manufacturer’s specifications, literature for each geomembrane furnished, and products used to complete installation. b. Compensation allowance calculation and numerical values for temperature induced geomembrane expansion and contraction. c. Polymer Resin: Product identification and Supplier. d. Geomembrane sheet layout with proposed size, number, position, and sequence of sheet placement, and location of field seams. e. Proposed equipment for material placement. f. Procedures for material installation. B. Informational Submittals: 1. Qualifications: a. Manufacturer. b. Installer. c. Independent testing agency. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 203 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH PW\DEN003\D3398900\D3398901 LINEAR LOW-DENSITY POLYETHYLENE NOVEMBER 2021 GEOMEMBRANE LINER ©COPYRIGHT 2021 JACOBS 33 47 13.01 - 3 2. Quality Assurance Program: Written description of geomembrane manufacturer’s and installer’s formal programs for manufacturing, fabricating, handling, installing, seaming, testing, and repairing geomembrane. 3. Production dates for geomembrane. 4. Testing: a. Factory QC test results for supplied geomembrane. b. Certified Field seam test results. c. Laboratory Testing Equipment: Certified calibrations, manufacturer’s product data, and test procedures. 5. Geomembrane Installer’s Certification of Subsurface Acceptability: Form attached at end of this section. 6. Special guarantee. 1.04 QUALIFICATIONS A. Independent Testing Agency: 5 years’ experience in field of geomembrane testing. Laboratory shall maintain calibrated instruments, equipment, and documented standard procedures for performing specified testing. B. Manufacturer: Successfully manufactured a minimum of 10 million square feet of each type of geomembrane material specified. C. Installer: Successfully installed a minimum of 10 million square feet of each type of geomembrane product specified in applications similar to the Project. D. Minimum qualifications stated above will be deemed met if the firm or cumulative experience of key personnel (supervisors and trained installation/testing technicians) proposed for this Project has minimum experience specified. If key personnel provision is used to qualify the firm, submit letter stating key personnel meet the minimum experience requirements and those individuals are available for and will be committed to this Project. 1.05 COORDINATION MEETINGS A. Meet at least once prior to commencing each of the following activities: 1. Manufacture of geomembrane sheets. 2. Fabrication of panels and boots. 3. Installation of geomembrane. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 204 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH LINEAR LOW-DENSITY POLYETHYLENE PW\DEN003\D3398900\D3398901 GEOMEMBRANE LINER NOVEMBER 2021 33 47 13.01 - 4 ©COPYRIGHT 2021 JACOBS B. Attendees: 1. Contractor’s designated quality control representative. 2. Engineer. 3. Representatives of geomembrane installer. 4. Others requested by Engineer. C. Topics: 1. Specifications and Drawings. 2. Submittal requirements and procedures. 3. Schedule for beginning and completing geomembrane installation. 4. Training for installation personnel. 5. Installation crew size. 6. Establishing geomembrane marking system, to include sheet identification, defects, and satisfactory repairs, to be used throughout Work. D. Seam Installation and Testing Demonstration: Performed by geomembrane installer, for each type of seam required. 1.06 DELIVERY, STORAGE, AND HANDLING A. Geomembrane: 1. Individually package each sheet and protect from damage during shipment. 2. Mark each package with identification of material type, size, and weight. 1.07 ENVIRONMENTAL REQUIREMENTS A. Do not install geomembrane or perform seaming under the following conditions, unless it can be demonstrated to satisfaction of Engineer that performance requirements can be met under these conditions: 1. Air temperature is less than 35 degrees F or more than 90 degrees F. 2. Relative humidity is more than 90 percent. 3. Raining, snowing, frost is in ground, or wind is excessive. B. Do not place granular materials on geomembrane when ambient temperature is less than 35 degrees F, unless it can be demonstrated to satisfaction of Engineer that materials can be placed without damage. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 205 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH PW\DEN003\D3398900\D3398901 LINEAR LOW-DENSITY POLYETHYLENE NOVEMBER 2021 GEOMEMBRANE LINER ©COPYRIGHT 2021 JACOBS 33 47 13.01 - 5 1.08 SEQUENCING AND SCHEDULING A. Before placing geomembrane on soil surfaces, prepare subgrade as specified in Section 31 23 13, Subgrade Preparation. 1.09 SPECIAL GUARANTEE A. Provide manufacturer’s extended guarantee or warranty, with Owner named as beneficiary, in writing, as special guarantee. Special guarantee shall provide for correction, or at option of Owner, removal and replacement of Work specified in this Specification section found defective during periods below, commencing on date of Substantial Completion. Duties and obligations for correction or removal and replacement of defective Work as specified in General Conditions. 1. Guaranty geomembrane against manufacturing defects, deterioration due to ozone, ultraviolet, and other exposure to elements for period of 20 years on pro rata basis. 2. Guaranty geomembrane against defects in material and factory seams for period of 2 years. 3. Guaranty geomembrane against defects resulting from installation for period of 2 years. PART 2 PRODUCTS 2.01 MANUFACTURERS A. Geomembrane: 1. Solmax, Houston, TX. 2. Poly-Flex, Inc., Grand Prairie, TX. 3. AGRU America, Georgetown, SC. 2.02 GEOMEMBRANE A. Linear low-density polyethylene (LLDPE) containing no plasticizers, fillers, extenders, reclaimed polymers, or chemical additives, except following: 1. Approximately 2 percent by weight of carbon black to resin for ultraviolet resistance. 2. Antioxidants and heat stabilizers, not to exceed 1.5 percent total by weight, may be added as required for manufacturing. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 206 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH LINEAR LOW-DENSITY POLYETHYLENE PW\DEN003\D3398900\D3398901 GEOMEMBRANE LINER NOVEMBER 2021 33 47 13.01 - 6 ©COPYRIGHT 2021 JACOBS B. Furnish in rolled single-ply continuous sheets with no factory seams. C. Sheet Thickness: Minimum values determined in accordance with ASTM D5199 and shall not include ridges of rough-surfaced LLDPE geomembrane. D. Sheet Width: Minimum 22 feet. E. Roll Length: Longest that will be manageable and reduce field seams. F. Rough-Surfaced LLDPE Geomembrane: Manufactured so that surface irregularities that produce specified friction are adequately fused into sheet or are extruded with sheet, on both sides of sheet. Texture is to be in addition to base thickness specified for sheet. G. Meet manufacturer’s most recent published specifications and required minimum LLDPE geomembrane values in this table. Minimum Physical Properties for LLDPE Geomembrane Property Required Value Test Method Specific Gravity 0.91 to 0.94, g/cc ASTM D792, Method A-1 or ASTM D1505 Rough-Surfaced, LLDPE Minimum Properties, Each Direction Thickness, min., for thinner areas of textured sheet 76 mil – Final Cover 37 mil – Interim Cover ASTM D5199, Modified Note 2, or ASTM D5994 Tensile Stress at Break 1.5 lb/mil thickness, min. ASTM D6693, Type IV Elongation at Break 250%, min Puncture Resistance 1.2 lb/mil thickness, min ASTM D4833 Tear Resistance 0.55 lb/mil thickness, min ASTM D1004, Die C Brittleness Temperature Minus 70º F, no cracks ASTM D746 (Proc. B) Hydrostatic Resistance 7.5 lb/sq in/mil thickness ASTM D751, Method A AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 207 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH PW\DEN003\D3398900\D3398901 LINEAR LOW-DENSITY POLYETHYLENE NOVEMBER 2021 GEOMEMBRANE LINER ©COPYRIGHT 2021 JACOBS 33 47 13.01 - 7 Minimum Physical Properties for LLDPE Geomembrane Property Required Value Test Method Bonded Seam Strength in Shear 1.5 lb/in-width/mil thickness, min. & FTB ASTM D 6392 Bonded Seam Strength in Peel 1.2 lb/in-width/mil thickness, min. & FTB ASTM D6392 Note: Commercially available micrometers may be used that have a 60-degree taper to a point with a radius of 1/32 inch. Engineer shall make enough measurements of thinner areas of textured sheet to develop statistical basis for thickness. H. Extrudate for Fusion Welding of LLDPE Geomembranes: Formulated from the same resin as geomembrane and shall meet applicable physical property requirements. PART 3 EXECUTION 3.01 PREPARATION A. Geomembrane Inspection: During unwrapping visually inspect and mark each imperfection for repair. B. Do not place geomembrane until condition of subgrade or geosynthetics installed is acceptable to Engineer. C. Subgrade: Maintain in smooth, uniform, and compacted condition as specified in Section 31 23 13, Subgrade Preparation, during installation of geomembrane. 3.02 GEOMEMBRANE INSTALLATION A. Prepare subgrade as specified in Section 31 23 13, Subgrade Preparation, and Section 31 23 23, Fill and Backfill. B. Do not install geomembrane or seam unless Contractor can demonstrate successful performance and test results showing seams meet strength specifications. C. Protection: 1. Do not use geomembrane surfaces as work area for preparing patches, storing tools and supplies, or other uses. Use protective cover as work surface, if necessary. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 208 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH LINEAR LOW-DENSITY POLYETHYLENE PW\DEN003\D3398900\D3398901 GEOMEMBRANE LINER NOVEMBER 2021 33 47 13.01 - 8 ©COPYRIGHT 2021 JACOBS 2. Instruct workers about requirements for protection of geomembrane, such as, handling geomembrane material in high winds, handling of equipment, and walking on geomembrane surfaces. Shoes of personnel walking on geomembrane shall be smooth bonded sole or be covered with smooth type of overboot. Prohibit smoking, eating, or drinking in vicinity of geomembrane, placing heated equipment directly on geomembrane, or other activities that may damage geomembrane. 3. Do not operate equipment without spark arrestors in vicinity of geomembrane material nor place generators or containers of flammable liquid on geomembranes. 4. Protect from vehicle traffic and other hazards. 5. Keep free of debris during placement. 6. Prevent uplift, displacement, and damage by wind. 7. Only small rubber-tired equipment, with maximum tire inflation pressure of 5 pounds per square inch, shall be allowed directly on geomembrane, unless otherwise approved by Engineer. Demonstrate that equipment can be operated without damaging geomembrane. D. Placement: 1. Miscellaneous products required for completion of geomembrane installation shall be in accordance with this specification and geomembrane manufacturer’s recommendations. 2. Reduce field seaming to the minimum amount possible. Horizontal seams on slopes will not be acceptable. Seams parallel to toe shall be at least 5 feet from toe. Align rough-sided sheets in manner that maximizes their frictional capabilities along slope. 3. Prevent wrinkles, folds, or other distress that can result in damage or prevent satisfactory alignment or seaming. Provide for factors such as expansion, contraction, overlap at seams, anchorage requirements, seaming progress, and drainage. 4. Temporarily weight sheets with sandbags to anchor or hold them in position during installation. Use continuous holddowns along edges to prevent wind flow under sheet. a. Bag Fabric: Sufficiently close knit to preclude fines from working through bags. b. Bags: Contain not less than 40 pounds nor more than 60 pounds of sand having 100 percent passing No. 8 screen and shall be securely closed after filling to prevent sand loss. c. Do not use tires or paper bags, whether or not lined with plastic. Burlap bags, if used, shall be lined with plastic. d. Immediately remove damaged or improperly sealed bags from work area, and clean up spills. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 209 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH PW\DEN003\D3398900\D3398901 LINEAR LOW-DENSITY POLYETHYLENE NOVEMBER 2021 GEOMEMBRANE LINER ©COPYRIGHT 2021 JACOBS 33 47 13.01 - 9 5. Anchor perimeter of geomembrane as shown or as otherwise approved by Engineer. Anchor and seal geomembrane to structures, pipes, and other types of penetrations as shown. 6. Place overlying geotextile and soil cover immediately following completion of geomembrane installation and field testing as acceptable to Engineer. E. Field Seams: 1. Wipe sheet contact surfaces clean to remove dirt, dust, moisture, and other foreign materials and prepare contact surfaces in accordance with seaming method accepted by Engineer. 2. Lap sheet edges to form seams. Adjust edges to be seamed and temporarily anchor to prevent wrinkling and shrinkage. 3. Seams shall not go through a boot. Locate seams minimum of 2 feet from boot. 4. Avoid seam intersections involving more than three thicknesses of geomembrane material. Offset seam intersections at least 2 feet. Extend seams through anchor trench to sheet edges. 5. Seal seam “T” intersections by removing excess material and extrusion welding lap joint. 6. Seam sheets together, using fusion-extrusion or hot-wedge welding system, equipment, and techniques. 7. Capping of Field Seams: Use 8-inch wide (minimum) cover strip of same thickness as geomembrane (and from same roll, if available). Position strip over center of field seam and weld to geomembrane using fillet weld each side, including copper wire as described above for spark testing. 3.03 PLACING PRODUCTS OVER GEOMEMBRANE A. Refer to Section 31 23 23, Fill and Backfill. B. If tears, punctures, or other geomembrane damage occurs during placement of overlying products, remove overlying products as necessary to expose damaged geomembrane, and repair damage as specified in Article Repairing Geomembrane. C. Geomembrane installer shall remain available during placement of overlying products to repair geomembrane if damaged. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 210 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH LINEAR LOW-DENSITY POLYETHYLENE PW\DEN003\D3398900\D3398901 GEOMEMBRANE LINER NOVEMBER 2021 33 47 13.01 - 10 ©COPYRIGHT 2021 JACOBS 3.04 REPAIRING GEOMEMBRANE A. Any geomembrane surface showing injury because of scuffing, penetration by foreign objects, or distress from rough subgrade shall be replaced or covered and sealed with an additional layer of geomembrane material of proper size. B. Repair damage or rejected seams with pieces of flat and unwrinkled geomembrane material free from defects and seams. Patches shall be tightly bonded on completion of repair Work. C. Patch shall be neat in appearance and of size 18 inches larger in all directions than area to be repaired. Round corners of patch to minimum 1-inch radius. D. Prepare contact surfaces and seam patch in accordance with paragraph Field Seams. 1. Pull and hold flat receiving surface in area to be patched. 2. Seal each patch by extrusion welding continuous bead along edge, with no free edge remaining. a. Vacuum box test each patch on completion. 3.05 FIELD QUALITY CONTROL A. Prior to starting geomembrane installation and daily thereafter for installation on subgrade, geomembrane installer shall certify in duplicate that surface upon which geomembrane shall be installed is acceptable, on form located at end of section. B. Identify each test by date of sample, date of test, sample location, name of individual who performed test, standard test method used, list of departures from standard test methods, at minimum. C. In-Place Observation and Testing: 1. Visually inspect geomembrane sheets, seams, anchors, seals, and repairs for defects as installation progresses and again on completion. 2. Depending on seam welding equipment used, test each seam and repair using vacuum testing device, spark testing device, or air channel pressure test for double wedge welded seams. 3. Perform testing in presence of Engineer. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 211 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH PW\DEN003\D3398900\D3398901 LINEAR LOW-DENSITY POLYETHYLENE NOVEMBER 2021 GEOMEMBRANE LINER ©COPYRIGHT 2021 JACOBS 33 47 13.01 - 11 D. Field Testing Equipment: 1. Tensiometer: a. Motor driven portable tensile tester with jaws capable of traveling at measured rate of 2 inches per minute (for LLDPE). b. Equip with gauge which measures force in unit pounds exerted between jaws. c. Minimum capacity of 500 pounds. 2. Vacuum Box: Conform to ASTM D5641. 3. High Voltage Spark Detector: Tinker and Rasor Holiday Detector, Model AP-W, set at 20,000 volts. E. Field Seam Sampling: 1. Verify that seaming equipment and operators are performing adequately. Produce test seam samples at beginning of each shift for each seaming crew. In addition, if seaming has been suspended for more than 1/2 hour, or if breakdown of seaming equipment occurs, produce test seam samples prior to resuming seaming. 2. Sample Size: 12 inches wide plus seam width, and 30 inches long. 3. Nondestructive Sampling: a. For boots and seams that cannot be otherwise tested, insert copper wire for spark test at edge of overlapping sheet in extrudate of weld prior to filet welding. Position to within 1/8 inch of sheet edge. b. Frequency: Minimum one Sample per 500 feet of field seam or portion thereof, and minimum one Sample per seaming crew per 4-hour work period. c. Produce Samples using same materials, equipment, personnel, and procedures as field seams made at time of work in progress and under same conditions. 4. Destructive Sampling: a. Frequency: Determined by Engineer. b. Remove Samples from field seams at locations selected by Engineer. c. Repair field seams in accordance with repair procedures specified in these Specifications. 5. Sample Identification: a. Number, date, and identify each sample as to personnel making seam and location of sample or location of field seam Work in progress at time Sample is made. b. Mark location of Sample, or location of field seam in progress at time sample is made, on panel/sheet layout drawing. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 212 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH LINEAR LOW-DENSITY POLYETHYLENE PW\DEN003\D3398900\D3398901 GEOMEMBRANE LINER NOVEMBER 2021 33 47 13.01 - 12 ©COPYRIGHT 2021 JACOBS 6. Contractor shall conform to the following testing requirements for nondestructive and destructive seam tests used to define quality of field seams: a. Perform shear and peel testing on portion of sample as specified hereinafter using approved field tensiometer. b. Send portion of sample by overnight service to approved Independent Testing Agency for verification of field test results. c. Archive a portion of sample for potential verification testing later. d. Independent Testing Agency shall provide preliminary test results by facsimile or other means no later than 24 hours after Samples have been received from Contractor, unless otherwise approved by Engineer. Certified test results shall be provided no more than 7 days after Samples have been received from Contractor. 7. Conform to ASTM D6392 and this specification. a. Seam testing for geomembrane includes strength tests, vacuum box testing, air channel pressure tests, and probing. F. Field Seam Strength Sample Testing: 1. General: a. Test each sample for seam peel and tensile strength. b. Save test samples, including specimens tested, until notified by Engineer relative to their disposal. c. Each sample that fails under test shall be shipped immediately by express delivery to Engineer for determination of corrective measures required. 2. Field Seam Acceptance Criteria: Seam strength equal to 90 percent of that of parent material. Parent material shall be tested in accordance with ASTM D638. a. Bonded Shear Strength of LLDPE: 1) In Shear: Minimum 1.5 pounds per inch width per mil thickness as determined in accordance with ASTM D6392. 2) In Peel: Minimum 1.2 pounds per inch width per mil thickness as determined in accordance with ASTM D6392. 3. Test Failure: If sample fails, entire field seam from which it was taken shall be considered a failure and shall be rejected as a result of nonconformance with specification requirements. Comply with following corrective measures: a. Nondestructive Sample Failure: Rerun field weld test using same sample. If that test passes, Engineer may assume error was made in first test and accept field seam. If second test fails, cap each field seam represented by failed sample and submit new test Sample made during capping procedure. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 213 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH PW\DEN003\D3398900\D3398901 LINEAR LOW-DENSITY POLYETHYLENE NOVEMBER 2021 GEOMEMBRANE LINER ©COPYRIGHT 2021 JACOBS 33 47 13.01 - 13 b. Destructive Sample Failure: Rerun field weld test using new sample from same seam. If that test passes, Engineer may assume error was made in first test and accept field seam. If second test fails, either cap field seam between two previous passed seam test locations that include failed seam or take another sample on each side of failed seam location (10 feet minimum), and test both. If both pass, cap field seam between two locations. If either fails, repeat process of taking samples for test. Each field seam shall be bounded by two passed test locations prior to acceptance. G. Vacuum Box Testing of Geomembrane Welds: 1. Vacuum box test each of these types of welds: Fillet, extrusion lap, and single hot-wedge fusion lap. 2. Testing Procedures: Conforming to ASTM D5641. H. High-Voltage Spark Testing of Fillet Welds: 1. Provide each seam to be tested with copper wires properly embedded in seam as shown and with provisions for electrical grounding to test equipment. 2. Pass spark tester along length of seam containing copper wire. 3. Presence of a visible spark along tested seam shall be evidence of a faulty seam. 4. Mark faulty areas for repair and retesting. I. Air Channel Pressure Testing of Double Hot-Wedge Seam: 1. Insert a needle with gauge in air space between welds. Pump air into space to 30 psi and hold for 5 minutes. 2. At end of 5 minutes, depressurize seam by placing needle hole in air space between welds at opposite end of seam and observe gauge. 3. Seam is acceptable if seam maintains at least 27 psi during 5-minute hold and pressure drops within 30 second of depressurization. 4. Seam is acceptable if seam maintains a minimum of 27 psi. If pressure drops below 27 psi during test period or does not drop during 30-second depressurization period, repair needle holes and retest seam by same procedure or vacuum box test along entire length of seam. 5. Vacuum box test entire length of seam if second air pressure test fails. a. If no bubbles appear in vacuum box, lower weld will be considered defective and upper seam is acceptable. b. If bubbles appear in vacuum box, repair each defective area by extrusion welding and test again by vacuum box. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 214 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH LINEAR LOW-DENSITY POLYETHYLENE PW\DEN003\D3398900\D3398901 GEOMEMBRANE LINER NOVEMBER 2021 33 47 13.01 - 14 ©COPYRIGHT 2021 JACOBS 6. As alternative to vacuum box testing, apply soap solution to exposed seam edge while maintaining required air channel test pressure. a. If bubbles appear, mark, trim unbonded edge, and extrusion weld defective areas. b. If no bubbles appear and test pressure cannot be maintained, leak is judged to be in bottom or second seam. 7. If leak is judged to be in bottom seam, cap strip length of seam tested will be accepted. 8. Mark and repair needle holes. J. Documentation: 1. Record Documents, include the following: a. Panel and sheet numbers. b. Seaming equipment and operator identification. c. Temperature and speed setting of equipment. d. Date seamed. e. Identity and location of each repair, cap strip, penetration, boot and sample taken from installed geomembrane for testing. 3.06 MANUFACTURER’S SERVICES A. Provide authorized representative of geomembrane manufacturer onsite for technical supervision and assistance during the following: 1. Preparation and inspection of surfaces on which geomembrane is to be placed. 2. Inspection of geomembrane prior to installation. 3. Installation of geomembrane. 4. Placement of cover over installed geomembrane. 5. Certification of Proper Installation. 3.07 CLEANUP A. Clean up work area as the Work proceeds. Take particular care to ensure that no trash, tools, and other unwanted materials are trapped beneath geomembrane and that scraps of geomembrane material are removed from the work area prior to completion of installation. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 215 of 370 KODIAK LANDFILL STAGE 3 CLOSURE ENGINEERING AND FACILITIES KODIAK ISLAND BOROUGH PW\DEN003\D3398900\D3398901 LINEAR LOW-DENSITY POLYETHYLENE NOVEMBER 2021 GEOMEMBRANE LINER ©COPYRIGHT 2021 JACOBS 33 47 13.01 - 15 3.08 SUPPLEMENT A. The supplement listed below, following “End of Section,” are a part of this specification. 1. Geomembrane Installer’s Certification of Subsurface Acceptability. END OF SECTION AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 216 of 370 AGENDA ITEM #14.B.1.Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 217 of 370 1 Kodiak Landfill Leachate Pretreatment Facility Basis of Design Report September 21, 2021 Kodiak Island Borough Basis of Design Report Kodia k Islan d Bo ro ugh AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 218 of 370 Basis of Design Report i Kodiak Landfill Leachate Pretreatment Facility Project No: D3434201 Document Title: Basis of Design Report Date: September 17, 2021 Client Name: Kodiak Island Borough AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 219 of 370 Basis of Design Report ii Contents 1. Process Treatment .......................................................................................................................................................... 3 2. Architecture ...................................................................................................................................................................... 8 3. Structural/Geotechnical ............................................................................................................................................. 12 4. Civil/Yard Piping ........................................................................................................................................................... 16 5. Heating, Ventilation, and Air Conditioning ............................................................................................................ 18 6. Electrical System Equipment ..................................................................................................................................... 21 AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 220 of 370 Basis of Design Report 3 1. Process Treatment Introduction The Kodiak Island Borough (KIB) Leachate Treatment Plant (LTP) has been experiencing several process and operational challenges from scaling of process piping and equipment. Operation of the process was complicated due to severe scaling in the membrane bioreactor (MBR) and other equipment including many valves. LTP operations staff increased the frequency of maintenance and recovery cleans for the MBR, but scaling continued to be an issue. Results from scale analysis showed the main scale constituent was calcium carbonate. Laboratory analysis of the leachate revealed that leachate characterization had changed from the original design leachate characterization with significantly higher levels of calcium in the influent leachate. Geochemical modelling suggested, and the Treatability Study conducted in March 2019 showed, that the leachate collected from the KIB landfill cells is entering the lagoon supersaturated with respect to calcium carbonate and out of equilibrium. The study also showed that stripping carbon dioxide (CO2) through aeration can force the leachate to equilibrate with the atmosphere and precipitate calcium carbonate solids. The post-aeration leachate has an increased pH, due to the stripping of the CO2. During the same period, the LTP process had difficulty maintaining nitrification to meet effluent Ammonia permit limits. The process has been analyzed using biological treatment modelling software and all conditions appear to be adequate for nitrification, except for low total Phosphorous. The LTP operations staff has attempted to supplement total phosphorous (TP) with phosphoric acid, but this was stopped due to concerns that added phosphorous was only precipitating and was not biologically available. Geochemical modelling and observations suggest that adding phosphoric acid as a supplement to the current leachate will not provide biologically available phosphorous to the process. Objectives Based on the modelling and laboratory results, objectives were identified to allow the LTP to return to intended operation. These objectives are: • Mitigate scaling via pre-aeration and clarification of leachate • Enhance nutrient phosphorous supply to support biological treatment processes, especially nitrification Design Solution Several alternatives were developed and evaluated in the early design steps to meet the objectives of the project. The follow processes are included in the design.: • Leachate Aeration • Solids/Liquid Separation and Sludge Removal • Sludge Dewatering and Disposal The sections below describe an approach that utilizes aeration in a new aeration tank, a new lamella clarifier, and the existing solids handling process to mitigate scaling. The new aeration tank and clarifier will be housed in an engineered metal building located adjacent to the Northwest side of the LTP. Leachate Aeration The first step in the process is aeration of the leachate to strip CO2, raise pH, and induce calcium carbonate to precipitate. Aeration will be performed by an aeration mixer, which will be used to affect the change in the chemical makeup of the leachate in an aeration tank, located downstream of the existing fine screens and upstream of the new proposed lamella clarifier. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 221 of 370 Basis of Design Report 4 The aeration mixer consists of a rotary mixer and a blower. The mixer will be tethered to the walls of the aeration tank and float on the surface of the leachate and utilizes a rotating propeller to force leachate outward horizontally past the end of the shaft at high velocity, creating a vacuum that pulls atmospheric air into the leachate. The blower provides pressurized air that is piped through the shaft of the mixer and is discharged through an atomizer to provide fine bubble aeration. The aeration tank and mixer will be sized to provide 120 cfm or a volumetric ratio of approximately 4.6:1 (air to water) for 30 minutes at maximum influent flow rates (200 gpm). Solid/Liquid Separation and Sludge Removal A lamella clarifier skid will operate continuously whenever the influent pumps are operating and will be used for the solid/liquid separation. The aeration mixer will be used to aerate the leachate to promote precipitation so the calcium rich solids can be removed by the clarifier positioned adjacent to the aeration tank and upstream of the MBR. The influent pumps will continue to pump leachate to the fine screens which will then gravity feed the aeration tank thru a new line. Aerated leachate will continue by gravity to the lamella clarifier and clarified leachate will be pumped back to the MBR thru a new line. Precipitated sludge will be pumped from the clarifier by sludge pumps to the waste activated sludge (WAS) storage tank through a new line and be incorporated into the existing dewatering process. Westlake (one of the clarifier skid manufacturers consulted) recommends the ability to dose caustic, acid, coagulant, and/or polymer directly upstream of the clarifier to optimize the precipitation and settling. This optional layout would include additional tank volumes for chemical mixing and utilizes manufacturer supplied metering pumps and mixers. Note that Jacobs does not recommend adjusting the pH upstream of the clarifier, as this has the potential to decrease or reverse the pH adjustment and subsequent solids precipitation achieved with the aeration mixer. It is recommended to run the clarifier equipment without additional chemicals and to reevaluate the requirement after a trial period. Sludge Dewatering and Solids Disposal Once the calcium rich sludge has been removed from the leachate, it will be mixed with the WAS and dewatered with the existing belt filter press (BFP) and the existing polymer system. This method will require an investigation into a blending mechanism to ensure that the sludge that is fed to the belt filter press is homogenous and to keep the calcium carbonate sludge in suspension. Per conversations with Operations, the existing polymer system is effective with sludge consisting of up to 30% calcium carbonate sludge. To utilize the existing polymer system, the design of the modified dewatering process will need to account for the blended sludge. Note that once the combined sludge is dewatered it will continue to be disposed of in the landfill. In order to prevent calcium rich leachate from being produced from the calcium rich sludge, all sludge will be bagged in impermeable bags before being disposed. Process Narrative The KIB LTP provides treatment of Leachate collected from the nearby landfill. The landfill collection system discharges into a lagoon that supplies the influent plant pump station. Pump the leachate to the influent screen and discharge the screened leachate to the aeration tank. Aerate the leachate and flow through a lamella clarifier. Pump the softened water to the MBR and pump the clarifier sludge to the WAS Storage Tank. Process Description Leachate is collected from the landfill cells and currently flows, by gravity, to the lagoon at the LTP. Once in the lagoon, leachate has a hydraulic residence time of 5 days to 20 days depending on the volume in the lagoon. Leachate is currently equalized by the lagoon and then pumped to the treatment facility by the influent feed pumps. As part of this project, Jacobs recommends that the operators redirect flow around the lagoon to the influent pump station AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 222 of 370 Basis of Design Report 5 through the existing lagoon bypass line and that the influent pumps are to be driven to maintain a level in the wetwell rather than the current strategy of maintaining an operator set flowrate. This change will repurpose the lagoon into an influent pump station overflow basin rather than a storage basin. By maintaining a low leachate level in the lagoon, it will minimize the solids that settle there, while ensuring that there is available storage volume for storm events and therefore minimizing the chance of a lagoon overflow. The leachate will then continue to be pumped to the influent screen with the existing influent pumps. This project adds pretreatment softening to the screened leachate in the form of aeration. The influent screen discharge will be rerouted to a new aeration tank with an aeration mixer to strip CO2, raise pH, and induce calcium carbonate to precipitate. The flow will then gravity flow through a new lamella clarifier and the softened leachate will be pumped to the MBRs while the sludge is pumped to the existing WAS storage where it will be dewatered with the existing belt filter press (BFP), packaged in impermeable bags, and disposed of in the landfill. The predicted result of aeration and equilibrating the leachate with the atmosphere is that the pH will increase. The treatability study showed that the pH could rise to 9. It is likely that the nitrification process will consume alkalinity and lower the pH in the MBR process train. If the pH remains high and this affects the process negatively, then it can be adjusted down by dosing acid into the softened leachate downstream of the clarifier and upstream of the influent screen channel. If required, hydrochloric acid (HCl) can be dosed by a diaphragm pump and a pH meter could be installed in the influent screen channel to monitor the influent pH. The signal from the pH meter would communicate with a PLC to modulate HCl feed rates. Jacobs does not recommend supplying the HCl feed equipment at this time. Chemical tanks are included in the design package for future treatment, if needed. Design Overview The goal of this design is to provide a method to remove calcium carbonate from the leachate prior to entering the LTP, dispose of it permanently, and mitigate calcium carbonate scaling of LTP equipment, tank and piping surfaces. Design Criteria The treatability study showed that 250 to 350 mg/l of calcium carbonate solids precipitated from leachate. Assuming 300 mg/l of precipitated solids and an average flow of 65 gpm, then approximately 230 lbs of solids can be expected per day, or 85,000 lbs per year. An aeration mixer, installed in an aeration tank will be used to cause the desired chemical reaction. The aeration tank and mixer will be sized to provide 120 cfm or a volumetric ratio of approximately 4.6:1 (air to water) for 30 minutes at maximum influent flow rates (200 gpm). The solids will be separated from the liquids by using a lamella clarifier. The effluent will be pumped to the influent channel and the calcium carbonate sludge will be pumped to the WAS storage tank. The size of the softened leachate and sludge pumps will be finalized as the design progresses. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 223 of 370 Basis of Design Report 6 Table 1.1: Design Criteria Solids Value Precipitated Calcium Rich Solids (primarily CaCO3) 250 to 350 mg/L Average Monthly Influent Flow 65 GPM Maximum Influent Flow 200 GPM Estimated Mass of Calcium Rich Solids Accumulated 233 lbs/day Estimated Mass of Calcium Rich Sludge Accumulated (Assuming 10% solids) 853,600 lbs wet sludge/year Estimated Volume of Calcium Rich Sludge Accumulated (Assuming 10% solids) 96,000 gallons wet sludge/year Or 475 Cubic Yards wet sludge/year Phosphorous Addition System Process sample results and process modelling conducted by Jacobs in 2020 indicated that the biological treatment process may be phosphorus limited. To address this possibility, a phosphoric acid feed system will be included as part of the pretreatment system. Programming will be added for metering of phosphoric acid to the system to allow flow pacing. The dosing pump will modulate based on the influent flow to the plant. The P&ID shows the phosphoric acid feed system. Controls Narrative Control of the new process equipment associated with the aeration and clarification will be manual and part of the equipment package. The control of the lamella plate clarifier, sludge pumps and softened leachate return pumps will reside with the lamella equipment skid. Communication will be required with the plant PLC to send status signals on the lamella equipment as well as possible interlocks against sludge pump or softened leachate return pump operation. Leachate is pumped from the Leachate pump station up thru the fine screens and then screen effluent is diverted to gravity flow into the 6,000 gallon pre-aeration tank. The leachate pump station has adjustable speed pumps however their speed is controlled manually and generally adjusted on a daily basis to manage leachate lagoon levels. Leachate flow is measured with a magmeter upstream of the fine screen. The pre-aeration tank has a constant speed aerator mounted on a bracket and supported by the bridge walkway over the tank. The mixer is manually started and stopped either from the softening package local panel 28LCP01 or from plant SCADA. If the level in the Inclined Plate Clarifier is LOW, the mixer shall STOP or be interlocked from starting. The pre-aeration tank shall have a LOW level switch installed that signals the aerator to STOP, or interlock from running. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 224 of 370 Basis of Design Report 7 Leachate overflows a weir at the end of the pre-aeration tank and flows to the Inclined Plate Clarifier. The clarifier will have a level HIGH switch which shall ALARM to the plant SCADA and shut down the leachate pump station. Softened, clarified leachate effluent discharges from the end of the clarifier and drops into the Softened Leachate Tank. A level instrument and transmitter on the top of this tank provides a level signal to control the speed of the Softened Leachate Pumps to maintain a range of tank levels. A HIGH level from this transmitter should ALARM to SCADA to indicate there is a problem with the pumping system. There is also a side mounted low level switch to act as a backup to stop the Softened Leachate Pump if the level reaches LOW LOW. A LEAD/STANDBY pair of end suction centrifugal Softened Leachate Pumps draw suction from the clarifier. These pump are controlled in AUTO from the 28LCP01 panel. Additionally, they can be started REMOTE from the plant SCADA. These pumps are driven with VFDs located in the LCP. The control loop decreases pump speed to a minimum preset value when the water level in the tank is at the low end of the operating range and increases pump speed to 100% when the level reaches the high end of the operating range. The pumps are shut OFF if the water level reaches the LOW level setpoint. Discharge pressure for each pump is measured with a local gauge. The softened water pumps discharge back into the bioreactor just downstream of the fine screens. There is a magmeter on the discharge line of the Softened Leachate Pumps. The transmitter for this instrument is located in the LCP. A flow signal is sent back to the SCADA and can be used to flow pace addition of Phosphoric Acid or some other chemical upstream of an inline static mixer. Downstream of the static mixer, is an inline pH probe. The transmitter for this instrument is located in the LCP. This signal is sent to SCADA and can be used to pace or trim chemical addition or just as a data point on the softening process. Settled sludge is accumulated at the bottom of the clarifier. The sludge is removed with a pair of LEAD/STANDBY air operated diaphragm pumps. These pumps have a manually adjusted stroking rate and a counter that tracks strokes per minute at the LCP. The operator makes a manual adjustment periodically or when flows change in response to sludge blanket depth. The LCP powers and controls the stroking rate of the solenoid. High pressure air to operate the pump comes from the plant air compressor system. These pump discharge into the WAS storage tank, located in the main plant building. If the level in the WAS storage tank reaches HIGH level, a signal is sent from plant SCADA to shut down the softening sludge pumps and send ALARM to SCADA. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 225 of 370 Basis of Design Report 8 2. Architecture Introduction This design memorandum defines the architectural criteria for the Kodiak Landfill Leachate Pretreatment Building. The overriding architectural requirement is to provide a functional and flexible building that facilitates efficient operation of the pretreatment system. The building will be a durable enclosure, addressing the climate of Kodiak and conditions of the site. Codes and Standards The Kodiak Landfill Leachate Pretreatment Building will be designed to conform to the following architectural-design related codes and standards, as required by the State of Alaska, together with appropriate Kodiak Island Borough (KIB) ordinances and amendments likely to be in effect at the start of construction: • 2012 International Building Code (IBC) • 2012 International Fire Code (IFC) • Amendments of the Alaska State Fire Marshal’s Office • 2007 ASHRAE 90.1 • 2009 ASHRAE 189.1 • Code of Federal Regulations 1910 (OSHA) • 2010 ADA Accessibility Guidelines • Kodiak Island Borough Code Chap 15.10 • 2017 National Electric Code • 2012 Uniform Plumbing Code (UPC) • 2012 International Mechanical Code (IMC) • 2018 International Energy Conservation Code (IECC) Table 01-1 includes a summary of code requirement for the Aeration Process Building Expansion. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 226 of 370 Basis of Design Report 9 TABLE 01-1 Codes – Kodiak Leachate Pretreatment Building Building Code: 2018 IBC Fire Suppression System: Handheld Fire Extinguishers Throughout Occupancy Group: F-2 (Factory, no Significant fire hazard) Fire Resistance Rating for Building Elements: Type Of Construction: IIB Structural Frame: 0 Hrs Maximum Stories Allowed: 3 Bearing Walls: 0 Hrs Actual Number Of Stories: 1 Nonbearing Walls, Interior: 0 Hrs Maximum Height Allowed: 55 Ft Floor Construction: 0 Hrs Actual Height: 27.5 feet Roof Enclosures: N/A Maximum Area Allowed Per Floor: 23,000 SF Shaft Enclosures: N/A Actual Area Per Floor: 1,948 SF Stairway Enclosures: N/A Allowable Number Of Occupants: 1,948 / 100 =19 Corridor: N/A Actual Number Of Occupants: Not normally occupied Exterior Wall Fire Resistance Based on Fire Separation Distance: 0 Hrs: over 10 Ft from adjacent structures Travel Distance Allowed (Max): 300 Ft Accessibility: Not Required, no public access Occupancy Separation/Fire Rating: N/A Hazardous Materials: Storage of corrosive chemicals: phosphoric acid, up to 400 gallons within the process area Insulation Requirement (Per Table C402.2) Roof R-30 Walls R-30 FTG (For 24”) R-15 Man Doors R-2.7 Sectional Doors R-4.75 Design Criteria Local Environmental Considerations Because of frequent freeze/thaw cycles and high precipitation, KIB requires buildings to accommodate horizontally projected snow loads of 30 pounds psf. The design of the building will compensate either with a heavier rafter system or a steeper than usual roof slope, or both. Snow guards and entry canopies will protect occupants from roof avalanches. Wind load requirements are also high, at 130 mph for a 3 second gust. The Seismic Design category is D. These conditions require a robust building frame and requires maintaining 12 inches of structural gap between existing leachate treatment building and new pretreatment building. The environment is generally moist and cool, slowing evaporation from within and around the building. To avoid substantial moisture buildup in the insulation layer of the building, sealed insulation panels will be used. High R-value roof panels and doors with thermal breaks will be AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 227 of 370 Basis of Design Report 10 incorporated into the building. The frost line depth is 36 inches and the winter design temperature is 10 degrees F. Perimeter insulation will minimize floor condensation. If program requirements permit, building entries will be oriented to face away from the prevailing storm direction. Design Issues Functional Considerations • The building will house automated process equipment, and there will not be staff located at the plant 24 hours/day. • Workers will stop in at regular intervals to take samples of effluent for testing at the main water treatment plant, to adjust process settings, and to replace process chemicals. • On an infrequent basis, equipment maintenance may be done by work crews. • There will be no public access to the building. • There is no source of potable water on site. • Up to 400 gallons of phosphoric acid (corrosive chemical) will be stored in 55-gallon drums on containment totes on the process floor. • OSHA required safety eyewash/shower stations, with heated water storage tanks, will be provided using a self- contained refillable system to be maintained full of potable water. • Process chemical dilution and wash down will be done with treated effluent. Fire Protection The building will be a pre-engineered metal building over a slab on grade, Type IIB noncombustible structure. Because neither its processes nor materials stored inside pose a significant fire hazard, it is classified F-2 low hazard Factory occupancy. The total floor area is less than 24,000 square feet, so no automatic sprinkler system is required. Fire suppression will be accomplished with handheld fire extinguishers, per NFPA. Systems Selection Exterior Systems Consideration will be given to the need for low maintenance, corrosion resistance, and weather resistance. For economy and ease of construction, a pre-engineered building will be provided. Major exterior components will be as follows: • Roof – Metal roof consisting of sealed insulated panels (foam filled) which provide adequate snow loading strength and prevent moisture intrusion and condensation. Factory applied fluoropolymer finish. • Walls - Metal walls consisting of sealed insulated panels (foam filled) which provide adequate wind loading strength and prevent moisture intrusion and condensation. Factory applied fluoropolymer finish. • Trim – Metal to match roof and walls, as provided by the building manufacturer, fully sealed to prevent wind and water infiltration with factory applied fluoropolymer finish. • Windows – Translucent FRP panels to provide more durability and insulating capacity than glass windows. • Personnel doors - Insulated steel with factory finish and thermally broken frames or fiberglass with factory finish, depending on exposure. • Overhead coiling or sectional doors – Insulated steel panels with factory finish. • Louvers – Aluminum with factory finish. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 228 of 370 Basis of Design Report 11 Interior Systems Consideration will be given to the need for washdown, corrosion resistance, slip resistance, light reflectance, and maintenance. Major interior components will be as follows: • Ceilings – Inside of insulated roof panels at process spaces, finished for light reflectance and corrosion resistance. • Walls - Inside of insulated wall panels at process areas, finished for light reflectance and corrosion resistance; chemical-resistant coatings provided at surfaces where required for corrosion resistance; metal studs, abuse resistant gypsum board at the instrument service room. • Floors – Concrete, finished with clear floor sealer, nonslip coating, or other finish as directed by KIB; chemical- resistant coatings provided where required for corrosion resistance. • Personnel doors – Hollow metal with factory finish, depending on need for corrosion resistance. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 229 of 370 Basis of Design Report 12 3. Structural/Geotechnical Introduction Structural and geotechnical concepts for the Kodiak Landfill Leachate Pretreatment Building are presented in this design memorandum. The facility is designed in conformance to referenced codes. The new building will be structurally independent from the existing Leachate Treatment Plant building, but the building envelope will be connected to the existing building with flexible connections. Design Criteria Codes and Standards • 2012 International Building Code, as amended by the State of Alaska and local agency • American National Standards Institute/American Society of Civil Engineers (ANSI/ASCE) 7-10, Minimum Design Loads for Buildings and Other Structures • American Concrete Institute (ACI) 318-19, Building Code Requirements for Structural Concrete • American Institute of Steel Construction (AISC) 15th Edition, Steel Construction Manual • American Society for Testing and Materials (ASTM) standards, latest version • American Welding Society (AWS)D1.1 standards, latest version • Steel Deck Institute (SDI) Design Manual Roof Decks latest version • ICC-ES Evaluation Reports for specific products Risk Category of Buildings and Other Structures Risk [WK1]category III will apply to the building framing design, doors, concrete floor and foundation, platforms, equipment anchorage, pipe supports and items suspended from the structure. Dead Loads Dead loads include weight of all permanent loads, permanent equipment, and earth for buried structures. • Collateral load of10 psf hanging from the roof. • In addition to all other loading criteria each purlin shall be subject to a 500 lb point load at any point; each frame member shall be subject to a 1000 lb point load at any point. • See below for snow load criteria • Platform live load live load – Elevated Walkways/Platforms/: 50 psf AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 230 of 370 Basis of Design Report 13 Monorail Loads Hand- Operated Live load 1 Ton Impact Percent of lifted load and trolley weight 0 Lateral force Percent of lifted load and trolley weight 20 Longitudinal force Percent of maximum wheel load 0 Maximum runway support framing deflection under service loads (vertical inertia forces not applied) Vertical deflection - L/450 Live Loads • Floor live load – 500 lbs/sq ft • 30 psf live load on roof Deflection Criteria • Structural systems and members will be designed to have adequate stiffness to limit building drift at any point to 5 inches. • Individual members deflections under any load case shall be limited to recommendations as listed in the AISC Design guide 3. Wind Loads • Wind speed: 131 miles per hour (3-second gust) • Exposure category: D • Risk Category Seismic Design Loads • Risk Category: III • SS = 1.553g; S1= 0.924; TL = 16 sec • I = 1.25 • Seismic Design Category D • Surface soil will be excavated and the structure will be founded on bedrock or compacted crushed rock compacted over the bedrock surface. It is assumed that the site class for the structure is Site Class B, rock. A 6” capillary barrier will be placed under the floor slab to prevent moisture wicking. Snow Loads • Minimum flat roof snow load of 40 psf shall be used over the entire structure • Importance Factor: 1.10 applied to 30 psf snow load does not govern • Snow drifting load per ASCE 7 AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 231 of 370 Basis of Design Report 14 Frost Depth • Minimum 3 feet – 0 inches below finish grade Geotechnical Design Parameters It is assumed that all foundations for the proposed facilities will be founded on bedrock or densely compacted crushed rock compacted over the bedrock surface. • Allowable Soil Bearing Pressure 4,000 psf Total and differential settlement under footings using the maximum allowable bearing pressure is assumed to less than ½-inch. During seismic loading and design wind, allowable bearing pressure values can be increased by 33 percent. • Equivalent Fluid Pressure (assuming soil unit weight of 130 pcf) o Active 33pcf o At rest 56 pcf o Passive 300 pcf maximum • Sliding Friction Factor 0.4 • Design ground water elevation not applicable for proposed building foundation elevation. Load Combinations • Load combinations used will be in accordance with IBC, Chapter 16 and ASCE 7, Chapter 2. Concrete Design and Construction The following criteria will be used for concrete design and construction. Codes • American Concrete Institute (ACI) 318 Building Code Requirements for Structural Concrete Materials • Normal weight concrete – 28-day compressive strength f’c= 5,000 pounds per square inch (psi) • Type I/II cement • Reinforcing steel will conform to A615, Grade 60. Structural Steel Design and Construction The following criteria will be used for structural steel design and construction. Codes • Manual of Steel Construction, American Institute of Steel Construction (ASIC 15th Edition) • American Society for Testing and Materials (ASTM) standards • American Welding Society (AWS) standards AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 232 of 370 Basis of Design Report 15 Materials • Structural steel wide flange shapes will conform to ASTM A992. Steel plates, angles, and channels will conform to ASTM A36. • Square or rectangular hollow structural sections will conform to ASTM A500, Grade C (Fy = 46 ksi), and round hollow structural sections will conform to ASTM A500 (Fy = 42 ksi), Grade C. Structural steel pipes will conform to ASTM A53 Grade B. • All connection bolts will be high-strength bolts conforming to ASTM A325, bearing type with threads excluded from shear plane unless noted otherwise. • Anchor bolts, wedge anchors, chemical anchors, and all fasteners shall be stainless steel and shall conform to ASTM A320, or ASTM F593, Type 316. The design of wedge and chemical anchors shall be based on current ICC Evaluation Service Reports. Anchor bolts not exposed to weather, soil, or corrosive environment shall conform to ASTM F1554. • All welds will be performed by AWS-certified welders and will conform to AWS D1.1, latest edition. Miscellaneous Materials • International Code Council (ICC) Legacy Evaluation Service Reports for specific products General Buildings and Tanks The major structures include the building with people space, and steel tanks Tanks • Type: Steel designed by vendor • Foundation System: Mat slabs Building and People Space • Structure/Building Type: Pre-engineered building. • Foundation System: Mat slab with concrete grade beams supporting the building columns and walls. • Lateral Load-Resisting System: Steel braced and rigid frames. • Building envelope: Steel wind girts supporting insulated metal panels. • Special Inspection, Structural Observation, and Quality Assurance • A Statement of Special Inspection Plan, per IBC Section 1704 and 1705, will be prepared by the project’s registered design professional and included in the contract documents. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 233 of 370 Basis of Design Report 16 4. Civil/Yard Piping Introduction This design memorandum describes the civil and yard piping criteria, supporting documentation, and standards used for design of the Kodiak Landfill Aeration Tank building expansion. Codes and Standards • Alaska Pollutant Discharge Elimination System (APDES) as administered by the Alaska Department of Conservation (ADEC) • Alaska Stormwater Guide, December 2011, as published by the ADEC Division of Water Existing Topography The existing site has an open area to the west of the existing Leachate Treatment Plant. The general slope of the land is towards the south. The site was blasted, leveled, and excavated previously to construct the existing treatment plant Existing site conditions, including topography and planimetric features, were taken from the record drawings from the 2015 building project. The original topography and planimetric features were taken from aerial mapping, dated August 20, 2010 and provided by Aero-Metric, Inc. The mapping was compiled to meet horizontal and vertical accuracy, in accordance with American Society of Photogrammetry and Remote Sensing (ASPRS) Class II accuracy standards. The survey standards are summarized in Table 03-1. TABLE 03-1 Survey Standards Horizontal Datum: North American Datum 1927 Vertical Datum: Local Datum Grid System: Alaska State Plane, Zone 5 Units: United States Survey Feet (abbreviated to FT) Proposed Development The proposed site development work will consist of a new pre-engineering metal building to the west of the existing building and keeping the finished floor to match the existing building at elevation 130.5. The existing septic tank located to the west of the existing building will be relocated north of the existing building with piping extended to it. The new building floor drains will tie into the PD line located to the south of the existing building, draining back to the lagoon. Grading and Drainage The site will be graded so that stormwater runoff will drain away from the building. Access roads and any on-site walkways will be graded with a cross slope at 2 percent to discourage ponding. To tie into the existing elevations, some fill/grading will be required. General slopes immediately away from the building will be 2 percent grade. A small swale will be built to catch roof drainage to move water away from the building. As the new building grading ties into existing grading, slopes will increase to match existing (5% to 7%) in the access road direction. Cross-slope on the access road will be sloped to drain away from the interior of the site. The area will generally follow the natural ground slopes. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 234 of 370 Basis of Design Report 17 Erosion Control Erosion control will be designed and provided to meet the requirements of the Stormwater Pollution Prevention Plan (SWPPP). Primary construction best management practices used will consist of silt fencing installed along the clearing limit around the site, straw wattle check dams for erosion control in ditches, and erosion control matting installed on earth slopes 3H:1V and steeper. Yard Piping The existing sewage tank located to the west of the existing building will be relocated north of the existing building with the 4” piping extended to it. The new building floor drains will tie into the 8” PD line located to the south of the existing building. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 235 of 370 Basis of Design Report 18 5. Heating, Ventilation, and Air Conditioning Introduction This design memorandum describes the heating, and ventilation, (HVAC) design process and sets the basic HVAC design criteria. Codes and Standards The HVAC design will be in conformance with last adopted version of the following codes and industry standards, and other local, state, and federal regulations listed below. Building Codes • 2018 International Energy Conservation Code with local amendments • 2018 International Mechanical Code with local amendments Standards • Standards published by the following organizations will be used in preparing the design and will be referenced in the specifications. • Air Conditioning and Refrigeration Institute • Air Moving and Conditioning Association • American Conference of Governmental Industrial Hygienists • American National Standards Institute • American Society of Heating, Refrigeration, and Air Conditioning Engineers (ASHRAE) • American Society of Mechanical Engineers • Occupational Safety and Health Administration (OSHA) Standards for General Industry • Sheet Metal and Air Conditioning Contractor’s National Association AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 236 of 370 Basis of Design Report 19 Design Criteria Heating and Cooling Loads Heating loads have been calculated using the internal loads from process and electrical equipment, the designed building envelope, and weather data. Outdoor weather design conditions, from ASHRAE, include: • Extreme Annual DB Temperatures: o Minimum 1.3°F o Maximum 76.1°F o Extreme Maximum WB 68.9°F • Prevailing winds Fall, Winter and Spring – NW; Summer - E,ENE Design Issues Heating: one electric radiant heater (infrared, point of use) suspended from structure and two general area electric unit heaters with fans have been selected. The general area unit heaters have been designed to keep the new addition area above freezing. The unit heater system selected is thermostatically controlled. The point of use radiant heater is activated by a spring wound dial timer and is placed to heat the person working at the sample tub. The final selection of the heating system will be based on initial cost, cost of operation, qualitative analysis, and owner’s approval. Ventilation: mechanical ventilation has been chosen as allowed by the International Building Code. A smaller fan will run continuously and be connected to the mixing tank. Make up air for this smaller fan comes from infiltration and leakage around the intake and exhaust fan back draft dampers. The rate of the smaller fan (between 200 and 350 CFM) has been sized to meet the minimum CFM rate odor control needs. Mechanical ventilation (IMC 403) identifies a rate of 0.06 cfm/sf when the building is occupied. This calculates to about 90 CFM. There is no need for a second continuously operating fan. The issues of humidity and corrosion have been discussed with the client. The marine climate and use of chemicals in the treatment process are both factors in making HVAC systems design decisions and HVAC equipment material selections. To deal with these issues a supply fan and an exhaust fan have been selected based upon a minimum of CFM per SF when operating. The sequence of operation of fans and heaters are as follows: • On the warmest of days both the supply and exhaust fans run. • As indoor temperatures fall the supply fan is the first to be shut off. • If the room temperature continues to fall the exhaust fan is shut off. • If the room temperature continues to fall the first unit heater turns on. • If the room temperature still continues to fall the second unit heater turns on. • If with both unit heaters commanded on the room still falls in temperature then a trouble alert contact is made and sent out through SCADA. This system does not use DDC or remote room temperature digital readouts. To know the setpoints of the various thermostats and stages of heating or fan action. A person will need to go to the thermostat. To add redundancy three thermostats of the same model is used. Each is one stage heating for the unit heaters and one stage cooling to run the supply and exhaust fans respectively. The third thermostat is for SCADA trouble alert. If a thermostat fails the function from one to another can be jumped so a replacement is not an emergency order. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 237 of 370 Basis of Design Report 20 Plumbing - The treatment facility will not include potable water or sanitary drainage. Floor drains are un-trapped but will have drain trap sealers and will also go back to the lagoon terminating below water line. for tank drainage and spill washdown. Safety provisions for chemical exposure will include self-contained equipment, such as eyewash stations. Fire Suppression Portable fire extinguishers, in accordance with NFPA 10, will be supplied. Automatic fire suppression systems will not be provided. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 238 of 370 Basis of Design Report 21 6. Electrical System Equipment Motor Control Center A 480-volt MCC will provide power the new room and equipment Existing Instrumentation Modification The new treatment skid will interface with the existing control system. HVAC controls with be stand- alone thermostats. Branch Circuits Connected load and NEC requirements will be used for sizing branch circuit breakers and conductors. A minimum wire size of No. 12 American wire gauge (AWG) copper will be used for lighting and receptacle branch circuits. Panelboards Branch circuits or feeders on the drawings will identify the panelboard and device protecting the individual circuit or feeder. Each panelboard will be equipped with a minimum of 20 percent spare breakers with spaces, bus work, and terminations to complete the standard size panelboard. Panelboard schedules indicating circuit identification, protective device trip rating, number of poles, load in volt-amps by phase, rating of main lugs or main circuit breaker, neutral bus size, ground bus size, and integrated short circuit rating of the panelboard will be prepared. Raceway Systems General guidelines for raceway sizing, selection, and installation are given below: • Conduit sizing will be based on THW insulation. • The following minimum sizes will be used: o 3/4-inch minimum diameter for conduit installed exposed o 1-inch minimum diameter for conduit embedded in masonry, encased in concrete, and underground • Raceways will be exposed in industrial areas. • The number of conduit bends will be limited to an equivalent of 270 degrees on long runs without pull boxes. • PVC Schedule 40 conduit and fittings will be used for underground direct burial, under slab, and concrete- encased circuits. • Rigid galvanized steel conduit and fittings will be used when exposed or concealed in interior areas and outdoors. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 239 of 370 Basis of Design Report 22 • Flexible, nonmetallic, liquid-tight conduit 4-inch or smaller in size will be used for connections to motors, transformers, etc., as required. Wire and Cable Stranded copper conductors will be used for all except lighting and receptacle wiring. Solid conductors #10 AWG and smaller will be used for lighting and receptacle wiring. Minimum conductor size of No. 12 AWG will be used for power and lighting branch circuits. Minimum conductor size of No. 14 AWG will be used for individual 120-volt control circuits. Low voltage status/control (less than 100 volts) and analog signal circuits will be routed in 600-volt single twisted shielded pair instrumentation control cables. Enclosures NEMA 12 enclosures will be used for electrical equipment in dry industrial locations. NEMA 4 enclosures will be used outside and in wet locations. Grounding Electrodes The aeration pretreatment room grounding system will integrate with the existing grounding system. A ground ring is installed around the perimeter of the existing building. Equipment Grounding A separate ground conductor, sized in accordance with NEC requirements, will be installed in raceways for power feeders and branch circuit raceways for motor control, lighting, and receptacle loads. Lighting Interior and exterior areas of the new treatment addition will be provided with lighting. Interior lighting will include switched lights, emergency egress standby lights, and exit lights. Emergency standby and exit lights will each include a battery charger and battery. Exterior lighting will include photocell-controlled lights mounted above building doors. Lighting levels, in maintained foot-candles, will be designed to meet recommendations of the Illuminating Engineering Society of North America (IESNA), IES Lighting Handbook, and the guidelines given herein. Luminaires are to meet UL requirements for intended use. Exterior lights will be the LED type with sharp cut-off type to minimize light trespass outside of the area. Exterior lighting will be controlled by an ON/OFF/AUTO selector switch and roof-mounted photocell. In the AUTO mode, lights turn on at dusk and off at dawn via the photocell. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 240 of 370  KIB Landfill Leachate Treatment Plant   Pretreatment Facility      EJCDC® C‐520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price).  Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,  and American Society of Civil Engineers. All rights reserved.  Page 1 of 7  AGREEMENT BETWEEN OWNER AND CONTRACTOR  FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)  This Agreement is by and between Kodiak Island Borough (“Owner”) and Dawson Construction LLC  (“Contractor”).  Terms used in this Agreement have the meanings stated in the General Conditions and the Supplementary  Conditions.  Owner and Contractor hereby agree as follows:  ARTICLE 1—WORK  1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work  is generally described as follows: leachate pretreatment facility, including a metal building with  building envelope connected to the existing leachate treatment building, relocated septic system,  and leachate pretreatment system including aeration tank, jet aerator, plate clarifier, sludge  pumps and return water pumps and associated mechanical, electrical, and control system  components, and associated Site work.  ARTICLE 2—THE PROJECT  2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as  follows: Kodiak Landfill LTP Pretreatment Facility  ARTICLE 3—ENGINEER  3.01 The Owner has retained Jacobs Engineering (“Engineer”) to act as Owner’s representative,  assume all duties and responsibilities of Engineer, and have the rights and authority assigned to  Engineer in the Contract.  3.02 The part of the Project that pertains to the Work has been designed by Engineer.  ARTICLE 4—CONTRACT TIMES  4.01 Time is of the Essence  A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness  for final payment as stated in the Contract Documents are of the essence of the Contract.  4.02 Contract Times: Days  A. The Work will be substantially complete within 618 days after the date when the Contract  Times commence to run as provided in Paragraph 4.01 of the General Conditions and  completed and ready for final payment in accordance with Paragraph 15.06 of the General  Conditions within 647 days after the date when the Contract Times commence to run.  AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 241 of 370  KIB Landfill Leachate Treatment Plant   Pretreatment Facility      EJCDC® C‐520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price).  Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,  and American Society of Civil Engineers. All rights reserved.  Page 2 of 7  4.03 Liquidated Damages  A. Deleted. There will be no liquidated damages in this contract.  4.04 Special Damages  A. Contractor shall reimburse Owner (1) for any fines or penalties imposed on Owner as a direct  result of the Contractor’s failure to attain Substantial Completion according to the Contract  Times, and (2) for the actual costs reasonably incurred by Owner for engineering, construction  observation, inspection, and administrative services needed after the time specified in  Paragraph 4.02 for Substantial Completion (as duly adjusted pursuant to the Contract), until  the Work is substantially complete.  B. After Contractor achieves Substantial Completion, if Contractor shall neglect, refuse, or fail to  complete the remaining Work within the Contract Times, Contractor shall reimburse Owner  for the actual costs reasonably incurred by Owner for engineering, construction observation,  inspection, and administrative services needed after the time specified in Paragraph 4.02 for  Work to be completed and ready for final payment (as duly adjusted pursuant to the  Contract), until the Work is completed and ready for final payment.  C. The special damages imposed in this paragraph are supplemental to any liquidated damages  for delayed completion established in this Agreement.  ARTICLE 5—CONTRACT PRICE  5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract  Documents, the amounts that follow, subject to adjustment under the Contract:  A. For all Work other than Unit Price Work, a lump sum of $2,367,000.  All specific cash allowances are included in the above price in accordance with  Paragraph 13.02 of the General Conditions.  ARTICLE 6—PAYMENT PROCEDURES  6.01 Submittal and Processing of Payments  A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General  Conditions. Applications for Payment will be processed by Engineer as provided in the General  Conditions.  6.02 Progress Payments  A. Owner shall make progress payments on the basis of Contractor’s Applications for Payment  on or about the 15th day of each month during performance of the Work as provided in  Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted  in a timely manner and otherwise meet the requirements of the Contract. All such payments  will be measured by the Schedule of Values established as provided in the General Conditions  (and in the case of Unit Price Work based on the number of units completed) or, in the event  there is no Schedule of Values, as provided elsewhere in the Contract.  1. Prior to Substantial Completion, progress payments will be made in an amount equal to  the percentage indicated below but, in each case, less the aggregate of payments  AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 242 of 370  KIB Landfill Leachate Treatment Plant   Pretreatment Facility      EJCDC® C‐520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price).  Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,  and American Society of Civil Engineers. All rights reserved.  Page 3 of 7  previously made and less such amounts as Owner may withhold, including but not  limited to liquidated damages, in accordance with the Contract.  a. 95 percent of the value of the Work completed (with the balance being retainage).  1) If 50 percent or more of the Work has been completed, as determined by  Engineer, and if the character and progress of the Work have been satisfactory  to Owner and Engineer, then as long as the character and progress of the Work  remain satisfactory to Owner and Engineer, there will be no additional  retainage.  B. Upon Substantial Completion of the entire construction to be provided under the  construction Contract Documents, Owner shall pay an amount sufficient to increase total  payments to Contractor to 100 percent of the Work completed, less such amounts set off by  Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 200 percent of  Engineer’s estimate of the value of Work to be completed or corrected as shown on the punch  list of items to be completed or corrected prior to final payment.  6.03 Final Payment  A. Upon final completion and acceptance of the Work, Owner shall pay the remainder of the  Contract Price in accordance with Paragraph 15.06 of the General Conditions.  6.04 Consent of Surety  A. Owner will not make final payment or return or release retainage at Substantial Completion  or any other time, unless Contractor submits written consent of the surety to such payment,  return, or release.  ARTICLE 7—CONTRACT DOCUMENTS  7.01 Contents  A. The Contract Documents consist of all of the following:  1. This Agreement.  2. Bonds:  a. Performance bond (together with power of attorney).  b. Payment bond (together with power of attorney).  3. General Conditions.  4. Supplementary Conditions.  5. Specifications as listed in the table of contents of the project manual (copy of list  attached).  7. Drawings listed on the attached sheet index.  8. Addenda (numbers 1 to 8, inclusive).  AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 243 of 370  KIB Landfill Leachate Treatment Plant   Pretreatment Facility      EJCDC® C‐520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price).  Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,  and American Society of Civil Engineers. All rights reserved.  Page 4 of 7  9. Exhibits to this Agreement (enumerated as follows):  a. Specifications Table of Contents  b. Drawings sheet index  c.  Test pit technical memorandum  10. The following which may be delivered or issued on or after the Effective Date of the  Contract and are not attached hereto:  a. Notice to Proceed.  b. Work Change Directives.  c. Change Orders.  d. Field Orders.  e. Warranty Bond, if any.  B. The Contract Documents listed in Paragraph 7.01.A are attached to this Agreement (except  as expressly noted otherwise above).  C. There are no Contract Documents other than those listed above in this Article 7.  D. The Contract Documents may only be amended, modified, or supplemented as provided in  the Contract.  ARTICLE 8—REPRESENTATIONS, CERTIFICATIONS, AND STIPULATIONS   8.01 Contractor’s Representations  A. In order to induce Owner to enter into this Contract, Contractor makes the following  representations:  1. Contractor has examined and carefully studied the Contract Documents, including  Addenda.  2. Contractor has visited the Site, conducted a thorough visual examination of the Site and  adjacent areas, and become familiar with the general, local, and Site conditions that may  affect cost, progress, and performance of the Work.  3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and  performance of the Work.  4. Contractor has carefully studied reports of explorations and tests of subsurface conditions  at or adjacent to the Site and the drawings of physical conditions relating to existing  surface or subsurface structures at the Site that have been identified in the  Supplementary Conditions, with respect to Technical Data in such reports and drawings.  5. Contractor has carefully studied reports and drawings relating to Hazardous Environmental  Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary  Conditions, with respect to Technical Data in such reports and drawings.  AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 244 of 370  KIB Landfill Leachate Treatment Plant   Pretreatment Facility      EJCDC® C‐520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price).  Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,  and American Society of Civil Engineers. All rights reserved.  Page 5 of 7  6. Contractor has considered the information known to Contractor itself; information  commonly known to contractors doing business in the locality of the Site; information and  observations obtained from visits to the Site; the Contract Documents; and the Technical  Data identified in the Supplementary Conditions or by definition, with respect to the  effect of such information, observations, and Technical Data on (a) the cost, progress, and  performance of the Work; (b) the means, methods, techniques, sequences, and  procedures of construction to be employed by Contractor; and (c) Contractor’s safety  precautions and programs.  7. Based on information and observations referred to in preceding paragraph, Contractor  agrees that no further examinations, investigations, explorations, tests, studies, or data  are necessary for the performance of the Work at the Contract Price, within the Contract  Times, and in accordance with the other terms and conditions of the Contract.  8. Contractor is aware of the general nature of work to be performed by Owner and others  at the Site that relates to the Work as indicated in the Contract Documents.  9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or  discrepancies that Contractor has discovered in the Contract Documents, and of  discrepancies between Site conditions and the Contract Documents, and the written  resolution thereof by Engineer is acceptable to Contractor.  10. The Contract Documents are generally sufficient to indicate and convey understanding of  all terms and conditions for performance and furnishing of the Work.  11. Contractor’s entry into this Contract constitutes an incontrovertible representation by  Contractor that without exception all prices in the Agreement are premised upon  performing and furnishing the Work required by the Contract Documents.  8.02 Contractor’s Certifications  A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive  practices in competing for or in executing the Contract. For the purposes of this  Paragraph 8.02:  1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value  likely to influence the action of a public official in the bidding process or in the Contract  execution;  2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to  influence the bidding process or the execution of the Contract to the detriment of Owner,  (b) to establish Bid or Contract prices at artificial non‐competitive levels, or (c) to deprive  Owner of the benefits of free and open competition;  3. “collusive practice” means a scheme or arrangement between two or more Bidders, with  or without the knowledge of Owner, a purpose of which is to establish Bid prices at  artificial, non‐competitive levels; and  4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons  or their property to influence their participation in the bidding process or affect the  execution of the Contract.  AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 245 of 370  KIB Landfill Leachate Treatment Plant   Pretreatment Facility      EJCDC® C‐520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price).  Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,  and American Society of Civil Engineers. All rights reserved.  Page 6 of 7  8.03 Standard General Conditions  A. Owner stipulates that if the General Conditions that are made a part of this Contract are  EJCDC® C‐700, Standard General Conditions for the Construction Contract (2018), published  by the Engineers Joint Contract Documents Committee, and if Owner is the party that has  furnished said General Conditions, then Owner has plainly shown all modifications to the  standard wording of such published document to the Contractor, through a process such as  highlighting or “track changes” (redline/strikeout), or in the Supplementary Conditions.     AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 246 of 370  KIB Landfill Leachate Treatment Plant   Pretreatment Facility      EJCDC® C‐520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price).  Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,  and American Society of Civil Engineers. All rights reserved.  Page 7 of 7  IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement.  This Agreement will be effective on                                                                          (which is the Effective Date  of the Contract).  Owner:  Contractor:      (typed or printed name of organization) (typed or printed name of organization)  By:    By:   (individual’s signature) (individual’s signature)  Date:    Date:   (date signed) (date signed)  Name:    Name:   (typed or printed) (typed or printed)  Title:    Title:   (typed or printed) (typed or printed)    (If [Type of Entity] is a corporation, a partnership, or a  joint venture, attach evidence of authority to sign.)  Attest:    Attest:   (individual’s signature) (individual’s signature)  Title:    Title:   (typed or printed) (typed or printed)  Address for giving notices:  Address for giving notices:              Designated Representative:  Designated Representative:  Name:    Name:   (typed or printed) (typed or printed)  Title:    Title:   (typed or printed) (typed or printed)  Address:  Address:              Phone:    Phone:   Email:    Email:   (If [Type of Entity] is a corporation, attach evidence of  authority to sign. If [Type of Entity] is a public body,  attach evidence of authority to sign and resolution or  other documents authorizing execution of this  Agreement.)   License No.:    (where applicable)  State:     AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 247 of 370 949 E. 36th Avenue Suite 500 Anchorage, AK 99508 United States T +1.907.762.1500 F +1.907.762.1600 www.jacobs.com February 8, 2022 Attn: Natalie Wagner State Engineer & Environmental Coordinator Rural Development United States Department of Agriculture Subject: Engineer’s recommendation for award, Kodiak Landfill Leachate Pretreatment Facility Dear Ms. Wagner: Jacobs Engineering prepared the design and bid documents for the subject project under my direction. I have reviewed the Bid Form for Construction Contract (EJCDC® C-410) submitted by Dawson Construction, LLC (Dawson) in response to the subject project and have found the certifications and submittals to be complete and in order with the following exceptions: 1. Article 5.01 of the Qualifications Statement (EJCDC® C-451) requires financial statements which were not provided. These financial statements were provided by Dawson on February 8, 2022. 2. Article 8.02 of the Qualifications Statement (EJCDC® C-451) about claims and litigation was not fully answered. The following statement from Dawson was received on February 7, 2022: a. “Dawson has never had any claims, litigation, or arbitration with an owner or consultant. In 2016 we filed our first and only lawsuit against a top-10 national contractor with joint-ventured with on an Alaskan project. Our suit against this contractor is for unethical practices.” Finding the additional submittals acceptable for a complete bid response, I recommend award of this project to Dawson. Regards, Cory Hinds, P.E. Jacobs Engineering AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 248 of 370 KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 3, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Contract No. FY2022-28 Leachate Treatment Plant Pretreatment Facility ORIGINATOR: Project Manager/Inspector, Matt Gandel RECOMMENDATION: Motion to Staff Report - Project Manager/Inspector, Matt Gandel Assembly Discussion Roll Call Vote DISCUSSION: Kodiak Island Borough Code 3.30.020 Limitation on Manager's Authority states that a contract exceeding $25,000 requires Assembly approval. This contract is for construction of an 1,800 sf addition to the Leachate Treatment Plant (LTP). The addition will include process equipment designed to alleviate persistent scaling problems caused by excess calcium carbonate during the treatment process. Design for this project was completed by Jacobs Engineering and approved by the Architectural/Engineering Review Board. An invitation to bid was issued on November 29, 2021. Bids were due and opened on January 20, 2022. Only bid bid was received, from Dawson Construction LLC. Staff has determined that Dawson's bid is responsive and is recommending award of the contract. The work is scheduled to be completed by October 1, 2023. ALTERNATIVES: FISCAL IMPACT: KIB staff has been in discussion with the United States Department of Agriculture (USDA) about the potential to receive low interest loans or grants to fund some or all of the project costs. On January 24, 2022, staff was notified that this project is "eligible" for USDA funding, but the specifics of that funding are not yet available. There is also approximately $1.0M remaining in loans received from the Alaska D epartment of Environmental Conservation for the original construction of the LTP that could be applied to this new project. OTHER INFORMATION: KIBC Title 3 Revenue and Finance, AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 249 of 370 KODIAK ISLAND BOROUGH STAFF REPORT FEBRUARY 3, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough Chapter 3.30 Contract, Purchase, Sale and Transfer Procedures, Section 3.30.020 Limitation on Manager's Authority The manager may not make an acquisition, sale, transfer, or contract authorized by KIBC 3.30.010 if the value of the property, service, or contract exceeds $25,000 without first obtaining assembly approval with the exception of utility bills, which may be paid without assembly approval. Similar types of work, even if performed in different geographic locations, are considered “in the aggregate” regardless of the project, contract, purchase orders, or change order and require assembly notification if the total payment to one contractor exceeds $25,000 in one fiscal year. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 250 of 370 CONTRACT NO. FY2022-28 EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price). Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 6 AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) This Agreement is by and between Kodiak Island Borough (“Owner”) and Dawson Construction LLC (“Contractor”). Terms used in this Agreement have the meanings stated in the General Conditions and the Supplementary Conditions. Owner and Contractor hereby agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: leachate pretreatment facility, including a metal building with building envelope connected to the existing leachate treatment building, relocated septic system, and leachate pretreatment system including aeration tank, jet aerator, plate clarifier, sludge pumps and return water pumps and associated mechanical, electrical, and control system components, and associated Site work. ARTICLE 2—THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: Kodiak Landfill LTP Pretreatment Facility ARTICLE 3—ENGINEER 3.01 The Owner has retained Jacobs Engineering (“Engineer”) to act as Owner’s representative, assume all duties and responsibilities of Engineer, and have the rights and authority assigned to Engineer in the Contract. 3.02 The part of the Project that pertains to the Work has been designed Engineer. ARTICLE 4—CONTRACT TIMES 4.01 Time is of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Contract Times: Days A. The Work will be substantially complete within 618 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 647 days after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. Deleted. There will be no liquidated damages in this contract. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 251 of 370 CONTRACT NO. FY2022-28 EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price). Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 6 4.04 Special Damages A. Contractor shall reimburse Owner (1) for any fines or penalties imposed on Owner as a direct result of the Contractor’s failure to attain Substantial Completion according to the Contract Times, and (2) for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for Substantial Completion (as duly adjusted pursuant to the Contract), until the Work is substantially complete. B. After Contractor achieves Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times, Contractor shall reimburse Owner for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for Work to be completed and ready for final payment (as duly adjusted pursuant to the Contract), until the Work is completed and ready for final payment. C. The special damages imposed in this paragraph are supplemental to any liquidated damages for delayed completion established in this Agreement. ARTICLE 5—CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents, the amounts that follow, subject to adjustment under the Contract: A. For all Work other than Unit Price Work, a lump sum of $2,367,000.00. All specific cash allowances are included in the above price in accordance with Paragraph 13.02 of the General Conditions. ARTICLE 6 – PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments A. Owner shall make progress payments on the basis of Contractor’s Applications for Payment on or about the 15th day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. B. Upon Substantial Completion of the entire construction to be provided under the construction Contract Documents, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 200 percent of Engineer’s estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 252 of 370 CONTRACT NO. FY2022-28 EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price). Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 6 6.03 Final Payment A. Upon final completion and acceptance of the Work, Owner shall pay the remainder of the Contract Price in accordance with Paragraph 15.06 of the General Conditions. 6.04 Consent of Surety A. Owner will not make final payment, or return or release retainage at Substantial Completion or any other time, unless Contractor submits written consent of the surety to such payment, return, or release. ARTICLE 7—CONTRACT DOCUMENTS 7.01 Contents A. The Contract Documents consist of all of the following: 1. This Agreement. 2. Bonds: a. Performance bond (together with power of attorney). b. Payment bond (together with power of attorney). 3. General Conditions. 4. Supplementary Conditions. 5. Specifications as listed in the table of contents of the project manual (copy of list attached). 7. Drawings listed on the attached sheet index. 8. Addenda (numbers 1 to 8, inclusive). 9. Exhibits to this Agreement (enumerated as follows): a. Specifications Table of Contents b. Drawings sheet index c. Test pit technical memorandum 10. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Orders. d. Field Orders. e. Warranty Bond, if any. B. The Contract Documents listed in Paragraph 7.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 7. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 253 of 370 CONTRACT NO. FY2022-28 EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price). Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 6 D. The Contract Documents may only be amended, modified, or supplemented as provided in the Contract. ARTICLE 8—REPRESENTATIONS, CERTIFICATIONS, AND STIPULATIONS 8.01 Contractor’s Representations A. In order to induce Owner to enter into this Contract, Contractor makes the following representations: 1. Contractor has examined and carefully studied the Contract Documents, including Addenda. 2. Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work. 4. Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings. 5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings. 6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs. 7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. 8. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 254 of 370 CONTRACT NO. FY2022-28 EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price). Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 6 10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. 8.02 Contractor’s Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 8.02: 1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 8.03 Standard General Conditions A. Owner stipulates that if the General Conditions that are made a part of this Contract are EJCDC® C-700, Standard General Conditions for the Construction Contract (2018), published by the Engineers Joint Contract Documents Committee, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or “track changes” (redline/strikeout), or in the Supplementary Conditions. AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 255 of 370 CONTRACT NO. FY2022-28 EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price). Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 6 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on January 31, 2022 (which is the Effective Date of the Contract). Owner: Contractor: (typed or printed name of organization) (typed or printed name of organization) By: By: (individual’s signature) (individual’s signature) Date: Date: (date signed) (date signed) Name: Name: (typed or printed) (typed or printed) Title: Title: (typed or printed) (typed or printed) (If [Type of Entity] is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: Attest: (individual’s signature) (individual’s signature) Title: Title: (typed or printed) (typed or printed) Address for giving notices: Address for giving notices: Designated Representative: Designated Representative: Name: Name: (typed or printed) (typed or printed) Title: Title: (typed or printed) (typed or printed) Address: Address: Phone: Phone: Email: Email: (If [Type of Entity] is a corporation, attach evidence of authority to sign. If [Type of Entity] is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of this Agreement.) License No.: (where applicable) State: AGENDA ITEM #14.B.1. 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Addenda Received and Acknowledge: Addendum No. Date Issued 1 12/10/2021 2 12/17/2021 3 12/23/2021 4 12/29/2021 5 1/4/2022 6 1/11/2022 7 1/12/2022 8 1/14/2022 Bidder: Dawson Construction, LLC Signature Jeremy Carroll, Vice President Name / Title of Person Authorized to Sign Page 1 of 18 18 AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 288 of 370 Page 2 of 18 ARTICLE 3—BASIS OF BID—LUMP SUM BID AND UNIT PRICES A.Bidder will complete the Work in accordance with the Contract Documents for the following lump sum (stipulated) price(s): 1.Lump Sum Price (Single Lump Sum) Lump Sum Bid Price $ Bid Pricing Modification DEDUCT 1,133,000 AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 289 of 370 KIB Landfill Leachate Treatment Plant Pretreatment Facility EJCDC C-451, Qualifications Statement. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 7 ARTICLE 1—GENERAL INFORMATION 1.01 Provide contact information for the Business: Legal Name of Business: Corporate Office Name:Phone number: Title:Email address: Business address of corporate office: Local Office Name:Phone number: Title:Email address: Business address of local office: 1.02 Provide information on the Business’s organizational structure: Form of Business:☐ Sole Proprietorship ☐ Partnership ☐ Corporation ☐ Limited Liability Company ☐ Joint Venture comprised of the following companies: 1. 2. 3. Provide a separate Qualification Statement for each Joint Venturer. Date Business was formed:State in which Business was formed: Is this Business authorized to operate in the Project location?☐ Yes ☐ No ☐ Pending 1.03 Identify all businesses that own Business in whole or in part (25% or greater), or that are wholly or partly (25% or greater) owned by Business: Name of business:Affiliation: Address: Name of business:Affiliation: Address: Name of business:Affiliation: Address: Dawson Construction, LLC Jeremy Carroll 360-756-1000 Vice President jcarroll@dawson.com 405 32nd Street Suite 110 Bellingham, WA 98225 N/A X N/A 1997 Washington N/A X Page 3 of 18 AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 290 of 370 KIB Landfill Leachate Treatment Plant Pretreatment Facility EJCDC C-451, Qualifications Statement. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 7 1.04 Provide information regarding the Business’s officers, partners, and limits of authority. Name:Title: Authorized to sign contracts:☐ Yes ☐ No Limit of Authority: $ Name:Title: Authorized to sign contracts:☐ Yes ☐ No Limit of Authority: $ Name:Title: Authorized to sign contracts:☐ Yes ☐ No Limit of Authority: $ Name:Title: ARTICLE 2—LICENSING 2.01 Provide information regarding licensure for Business: Name of License: Licensing Agency: License No:Expiration Date: Name of License: Licensing Agency: License No:Expiration Date: ARTICLE 3—DIVERSE BUSINESS CERTIFICATIONS 3.01 Provide information regarding Business’s Diverse Business Certification, if any. Provide evidence of current certification. Certification Certifying Agency Certification Date ☐ Disadvantaged Business Enterprise ☐ Minority Business Enterprise ☐ Woman-Owned Business Enterprise ☐ Small Business Enterprise ☐ Disabled Business Enterprise ☐ Veteran-Owned Business Enterprise ☐ Service-Disabled Veteran-Owned Business ☐ HUBZone Business (Historically Underutilized) Business ☐ Other ☐ None Kendall Nielsen President X N/A N/A N/A Todd Rawls Secretary Jerry Carroll Vice President Ryan Binning Vice President X X Business License State of Alaska 1036873 12/31/2023 Contractors License State of Alaska 111528 12/31/2022 X Page 4 of 18 AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 291 of 370 KIB Landfill Leachate Treatment Plant Pretreatment Facility EJCDC C-451, Qualifications Statement. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 7 ARTICLE 4—SAFETY 4.01 Provide information regarding Business’s safety organization and safety performance. Name of Business’s Safety Officer: Safety Certifications Certification Name Issuing Agency Expiration 4.02 Provide Worker’s Compensation Insurance Experience Modification Rate (EMR), Total Recordable Frequency Rate (TRFR) for incidents, and Total Number of Recorded Manhours (MH) for the last 3 years and the EMR, TRFR, and MH history for the last 3 years of any proposed Subcontractor(s) that will provide Work valued at 10% or more of the Contract Price. Provide documentation of the EMR history for Business and Subcontractor(s). Year Company EMR TRFR MH EMR TRFR MH EMR TRFR MH ARTICLE 5—FINANCIAL 5.01 Provide information regarding the Business’s financial stability. Provide the most recent audited financial statement, and if such audited financial statement is not current, also provide the most current financial statement. Financial Institution: Business address: Date of Business’s most recent financial statement:☐ Attached Date of Business’s most recent audited financial statement:☐ Attached Financial indicators from the most recent financial statement Contractor’s Current Ratio (Current Assets ÷ Current Liabilities) Contractor’s Quick Ratio ((Cash and Cash Equivalents + Accounts Receivable + Short Term Investments) ÷ Current Liabilities) 9/30/2021 12/31/2020 Brian Murphy Certified Safety Professional Board of Certified Safety Professionals 2019 2020 2021 Dawson Construction LLC 0.76 5.15 98,558 0.76 1.84 99,684 0.98 3.65 164,302 2025 2025 BSP BSP Columbia State Bank 1810 Everett Ave. Everett, WA 98201 1.27 1.05 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Page 5 of 18 AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 292 of 370 KIB Landfill Leachate Treatment Plant Pretreatment Facility EJCDC C-451, Qualifications Statement. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 7 ARTICLE 6—SURETY INFORMATION 6.01 Provide information regarding the surety company that will issue required bonds on behalf of the Business, including but not limited to performance and payment bonds. Surety Name: Surety is a corporation organized and existing under the laws of the state of: Is surety authorized to provide surety bonds in the Project location?☐ Yes ☐ No Is surety listed in “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” published in Department Circular 570 (as amended) by the Bureau of the Fiscal Service, U.S. Department of the Treasury? ☐ Yes ☐ No Mailing Address (principal place of business): Physical Address (principal place of business): Phone (main):Phone (claims): ARTICLE 7—INSURANCE 7.01 Provide information regarding Business’s insurance company(s), including but not limited to its Commercial General Liability carrier. Provide information for each provider. Name of insurance provider, and type of policy (CLE, auto, etc.): Insurance Provider Type of Policy (Coverage Provided) Are providers licensed or authorized to issue policies in the Project location?☐ Yes ☐ No Does provider have an A.M. Best Rating of A-VII or better?☐ Yes ☐ No Mailing Address (principal place of business): Physical Address (principal place of business): Phone (main):Phone (claims): X X HUB International NW 12100 NE 195th Street, Suite 200 Bothell, WA 98041-3018 HUB International NW 12100 NE 195th Street, Suite 200 Bothell, WA 98041-3018 425-489-4500 425-489-4500 Travelers Casualty and Surety Company of America Conneticut HUB International NW 12100 NE 195th Street, Suite 200 Bothell, WA 98041-3018 HUB International NW 12100 NE 195th Street, Suite 200 Bothell, WA 98041-3018 425-489-4500 425-489-4500 X X Alaska National Insurance Company General Liability Alaska National Insurance Company Auto Alaska National Insurance Company Workers Compensation Allied World National Assurance Company Umbrella Coverage Page 6 of 18 AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 293 of 370 KIB Landfill Leachate Treatment Plant Pretreatment Facility EJCDC C-451, Qualifications Statement. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 7 ARTICLE 8—CONSTRUCTION EXPERIENCE 8.01 Provide information that will identify the overall size and capacity of the Business. Average number of current full-time employees: Estimate of revenue for the current year: Estimate of revenue for the previous year: 8.02 Provide information regarding the Business’s previous contracting experience. Years of experience with projects like the proposed project: As a general contractor:As a joint venturer: Has Business, or a predecessor in interest, or an affiliate identified in Paragraph 1.03: Been disqualified as a bidder by any local, state, or federal agency within the last 5 years? ☐ Yes ☐ No Been barred from contracting by any local, state, or federal agency within the last 5 years? ☐ Yes ☐ No Been released from a bid in the past 5 years?☐ Yes ☐ No Defaulted on a project or failed to complete any contract awarded to it?☐ Yes ☐ No Refused to construct or refused to provide materials defined in the contract documents or in a change order?☐ Yes ☐ No Been a party to any currently pending litigation or arbitration?☐ Yes ☐ No Provide full details in a separate attachment if the response to any of these questions is Yes. 8.03 List all projects currently under contract in Schedule A and provide indicated information. 8.04 List a minimum of three and a maximum of six projects completed in the last 5 years in Schedule B and provide indicated information to demonstrate the Business’s experience with projects similar in type and cost of construction. 8.05 In Schedule C, provide information on key individuals whom Business intends to assign to the Project. Provide resumes for those individuals included in Schedule C. Key individuals include the Project Manager, Project Superintendent, Quality Manager, and Safety Manager. Resumes may be provided for Business’s key leaders as well. X X X X X 148 2022 - $200,000,000 2021 - $165,000,000 55 N/A 20+ X **See below ** Page 7 of 18 AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 294 of 370 KIB Landfill Leachate Treatment Plant Pretreatment Facility EJCDC C-451, Qualifications Statement. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 7 ARTICLE 9—REQUIRED ATTACHMENTS 9.01 Provide the following information with the Statement of Qualifications: A.If Business is a Joint Venture, separate Qualifications Statements for each Joint Venturer, as required in Paragraph 1.02. B.Diverse Business Certifications if required by Paragraph 3.01. C.Certification of Business’s safety performance if required by Paragraph 4.02. D.Financial statements as required by Paragraph 5.01. E.Attachments providing additional information as required by Paragraph 8.02. F.Schedule A (Current Projects) as required by Paragraph 8.03. G.Schedule B (Previous Experience with Similar Projects) as required by Paragraph 8.04. H.Schedule C (Key Individuals) and resumes for the key individuals listed, as required by Paragraph 8.05. I.Additional items as pertinent. Page 8 of 18 AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 295 of 370 Page 9 of 18 AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 296 of 370 KIB Landfill Leachate Treatment Plant Pretreatment Facility EJCDC® C-451, Qualifications Statement—Schedule A—Current Projects. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Schedule A—Current Projects Name of Organization Project Owner Project Name General Description of Project Project Cost Date Project CompletedKey Project Personnel Project Manager Project Superintendent Safety Manager Quality Control Manager Name Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Organization Telephone Email Owner Designer Construction Manager Project Owner Project Name General Description of Project Project Cost Date Project CompletedKey Project Personnel Project Manager Project Superintendent Safety Manager Quality Control Manager Name Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Organization Telephone Email Owner Designer Construction Manager Dawson Construction, LLC City & Borough of Juneau Juneau Terminal Reconstruction This project involves demolition, reconstruction/renovation of approximately 35,000 sf of the existing Juneau International Airport terminal. $17,305,706 Feb 2020 - Feb 2022 Chris Gilberto Ron Reed Brian Murphy Brian Murphy Mike Greene Airport Project Manager City & Borough of Juneau 907.789.7821 mike.greene@jnuairport.com Evelyn Rousso Architect McCool Carlson Green 907.563.8474 erousso@mcgalaska.com *same as above* Alaska DOT/PF Revilla & Gravina Airport Ferry Facility Improvements This work encompasses 7individual but integrated projects at the Airport Ferry Facilities in Ketchikan, consisting of both upland and marine improvements. $51,907,436 Sept 2020 - December 2022 Jon Pulver Brian Murphy Brian MurphyJim Rogers David Lowell Project Manager Alaska DOT/PF 907.465.4812 david.lowell@alaska.gov Paul Voelckers Architect MRV Architects 907.586.1371 paul@mrvarchitects.com *same as above* Page 1 of 3 Page 10 of 18 AGENDA ITEM #14.B.1.Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 297 of 370 KIB Landfill Leachate Treatment Plant Pretreatment Facility EJCDC® C-451, Qualifications Statement—Schedule A—Current Projects. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Project Owner Project Name General Description of Project Project Cost Date Project CompletedKey Project Personnel Project Manager Project Superintendent Safety Manager Quality Control Manager Name Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Organization Telephone Email Owner Designer Construction Manager Project Owner Project Name General Description of Project Project Cost Date Project CompletedKey Project Personnel Project Manager Project Superintendent Safety Manager Quality Control Manager Name Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Organization Telephone Email Owner Designer Construction Manager Project Owner Project Name General Description of Project Project Cost Date Project CompletedKey Project Personnel Project Manager Project Superintendent Safety Manager Quality Control Manager Name Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Organization Telephone Email Owner Designer Construction Manager Page 2 of 3 Prince William Sound Science Center Prince William Sound Science Center New Campus Construction of the new science center including a lobby, exhibit space, admin space, teaching spaces, labs, future build-out space, and a heated warehouse. $16,373,276 April 2021 - June 2022 Chad McGraw Les Hostetler Brian Murphy Brian Murphy Rich Rogers Project Manager PWSSC 907.424.5800 rrogers@pwssc.org Scott Veerman Architect North Form Architecture 907.339.9200 scott@northformak.com *same as above* City & Borough of Juneau Bartlett Regional Hospital Behavioral Health Facility Demolition of the existing facility and construction of a new 14,500 gross square foot facility comprised of offices, care suites, storage, and parking. $9,805,415 May 2021 - June 2022 Chris Gilberto Jason Sabin Brian Murphy Brian Murphy Jeanne Rynne City Architect City & Borough of Juneau 907.586.0800 Jeanne.Rynne@juneau.org Dave Hurley Architect NorthWind Architects 907.586.6150 dave@northwindarch.com *same as above* Torrey Pines Development Riverview Assisted Living Construction of a new 86-unit, 69,058 square feet 2-story assisted living and memory care facility. $23,905,501 July 2021 - Nov 2022 Kevin Urien Michael Schneeberger Brian Murphy Brian Murphy Matthew Parks Project Manager Torrey Pines Development 858.227.9209 mp@torreypinesdevelopment.com Todd Balicki Architect Irwin Partners Architects 713.805.9097 tbalicki@ipaoc.com *same as above* Page 11 of 18 AGENDA ITEM #14.B.1.Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 298 of 370 KIB Landfill Leachate Treatment Plant Pretreatment Facility EJCDC® C-451, Qualifications Statement—Schedule A—Current Projects. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Project Owner Project Name General Description of Project Project Cost Date Project CompletedKey Project Personnel Project Manager Project Superintendent Safety Manager Quality Control Manager Name Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Organization Telephone Email Owner Designer Construction Manager Project Owner Project Name General Description of Project Project Cost Date Project CompletedKey Project Personnel Project Manager Project Superintendent Safety Manager Quality Control Manager Name Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Organization Telephone Email Owner Designer Construction Manager Page 3 of 3 City & Borough of Sitka Critical Secondary Water Supply Construction of a new Membrane Filter Plant, Intake and Raw Water Pump Station for the production of potable water. $10,800,000 March 2021 - April 2022 Chad McGraw Chuck McGraw Brian Murphy Brian Murphy Shilo Williams Plant Manager City & Borough of Sitka 907.747.1800 shilo.williams@cityofsitka.org Rebecca Venot Engineer CRW Engineering Group 907.646.5673 revenot@crweng.com Dan Kirsch Vice President PTS Alaska, Inc 907.561.6237 dankirsch@ptsincalaska.com Native Village of Eyak Eyak River Recreation Rehabilitation - Ph II Site upgrades including demolishing of existing boat ramp. Clear, grub and grade for new boat ramp. Place fill, geotextile, rip-rap, and aggregates. $1,476,334 Oct 2021 - July 2022 Chris Dole Manuel Rogers Brian Murphy Brian Murphy Sean O'Brien Project Manager Native Village of Eyak 907.424.2290 sean.obrien@eyak-nsn.gov John Schlomer Project Engineer BENTEH-EEIS LLC 907.865.9999 jschlomer@eeis.net *same as above* Page 12 of 18 AGENDA ITEM #14.B.1.Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 299 of 370 KIB Landfill Leachate Treatment Plant Pretreatment Facility EJCDC® C-451, Qualifications Statement—Schedule B—Previous Experience with Similar Projects. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 4 Schedule B—Previous Experience with Similar Projects Name of Organization Project Owner Project Name General Description of Project Project Cost Date Project CompletedKey Project Personnel Project Manager Project Superintendent Safety Manager Quality Control Manager Name Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Organization Telephone Email Owner Designer Construction Manager Project Owner Project Name General Description of Project Project Cost Date Project CompletedKey Project Personnel Project Manager Project Superintendent Safety Manager Quality Control Manager Name Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Organization Telephone Email Owner Designer Construction Manager Dawson Construction, LLC City of Hoonah Hoonah Sanitation Facilities WWTP New construction of a 7,500 sf Pre-Engineered Metal Building to house a new Sequence Batch Reactor for processing wastewater. $10,968,418 June 2020 - October 2021 Chad McGraw Manuel Rogers Brian Murphy Brian Murphy Dennis Gray, Jr City Manager City of Hoonah 907.945.3663 dgray@cityofhoonah.org Karen Brady Engineer PDC Engineers 907.452.1414 karenbrady@pdceng.com *same as above* City & Borough of Juneau Sand/Chem Building & Fueling Station New construction of one-story, 21,700 sf, steel framed sand & chemical storage building & fueling station in the NW quadrant of the Juneau Airport. $9,255,000 January 2019 - October 2019 Chris Gilberto Ron Reed Brian Murphy Brian Murphy Mike Greene Airport Project Manager City & Borough of Juneau 907.789.7821 mike.greene@jnuairport.com Sean Carlson Architect ECI/Hyer Architects 907.565.5002 seanc@ecialaska.com *same as above* Page 13 of 18 AGENDA ITEM #14.B.1.Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 300 of 370 KIB Landfill Leachate Treatment Plant Pretreatment Facility EJCDC® C-451, Qualifications Statement—Schedule B—Previous Experience with Similar Projects. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 4 Project Owner Project Name General Description of Project Project Cost Date Project CompletedKey Project Personnel Project Manager Project Superintendent Safety Manager Quality Control Manager Name Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Organization Telephone Email Owner Designer Construction Manager City & Borough of Sitka Sitka Wastewater Treatment Plant Rehabilitation The Project consists of the rehabilitation, renovation, and replacement of portions of the existing building and the building systems of the Sitka WWTP $7,390,613 Feb 2020 - Sept 2021 Chad McGraw Chuck McGraw Brian Murphy Brian Murphy Kelli Cropper Project Manager City & Borough of Sitka 907.747.1888 kelli.cropper@cityofsitka.org Garrett Burtner Architect McCool Carlson Green 907.563.8474 gburtner@mcgalaska.com *same as above* Page 14 of 18 AGENDA ITEM #14.B.1.Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 301 of 370 KIB Landfill Leachate Treatment Plant Pretreatment Facility EJCDC® C-451, Qualifications Statement—Schedule B—Previous Experience with Similar Projects. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 4 Schedule B—Previous Experience with Similar Projects Name of Organization Project Owner Project Name General Description of Project Project Cost Date Project CompletedKey Project Personnel Project Manager Project Superintendent Safety Manager Quality Control Manager Name Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Organization Telephone Email Owner Designer Construction Manager Project Owner Project Name General Description of Project Project Cost Date Project CompletedKey Project Personnel Project Manager Project Superintendent Safety Manager Quality Control Manager Name Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Organization Telephone Email Owner Designer Construction Manager Page 15 of 18 AGENDA ITEM #14.B.1.Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 302 of 370 KIB Landfill Leachate Treatment Plant Pretreatment Facility EJCDC® C-451, Qualifications Statement—Schedule B—Previous Experience with Similar Projects. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 4 Project Owner Project Name General Description of Project Project Cost Date Project CompletedKey Project Personnel Project Manager Project Superintendent Safety Manager Quality Control Manager Name Reference Contact Information (listing names indicates approval to contacting the names individuals as a reference) Name Title/Position Organization Telephone Email Owner Designer Construction Manager Page 16 of 18 AGENDA ITEM #14.B.1.Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 303 of 370 KIB Landfill Leachate Treatment Plant Pretreatment Facility EJCDC® C-451, Qualifications Statement—Schedule C—Key Individuals. Copyright©2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 2 Schedule C—Key Individuals Project Manager Name of individual Years of experience as project manager Years of experience with this organization Number of similar projects as project manager Number of similar projects in other positions Current Project Assignments Name of assignment Percent of time used for this project Estimated project completion date Reference Contact Information (listing names indicates approval to contact named individuals as a reference) Name Name Title/Position Title/Position Organization Organization Telephone Telephone Email Email Project Project Candidate’s role on project Candidate’s role on project Project Superintendent Name of individual Years of experience as project superintendent Years of experience with this organization Number of similar projects as project superintendent Number of similar projects in other positions Current Project Assignments Name of assignment Percent of time used for this project Estimated project completion date Reference Contact Information (listing names indicates approval to contact named individuals as a reference) Name Name Title/Position Title/Position Organization Organization Telephone Telephone Email Email Project Project Candidate’s role on project Candidate’s role on project Chad McGraw 24 years 8 years Prince William Sound Science Center June 2022 Critical Secondary Water Supply April 2022 Kelli Cropper Project Manager City & Borough of Sitka 907.738.0461 kelli.cropper@cityofsitka.org Multiple Project Manager Dennis Gray City Manager City of Hoonah 907.947.2948 dgray@cityofhoonah.org Hoonah Sanitation Facilities WWTP Project Manager Manuel Rogers 21 years 8 years Eyak River Recreation Area Rehabilitation Ph II July 2022 5 5 15 5 2 5 0 Dennis Gray City Manager City of Hoonah 907.947.2948 dgray@cityofhoonah.org Hoonah Sanitation Facilities WWTP Superintendent Page 17 of 18 AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 304 of 370 KIB Landfill Leachate Treatment Plant Pretreatment Facility EJCDC® C-451, Qualifications Statement—Schedule C—Key Individuals. Copyright©2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 2 Safety Manager Name of individual Years of experience as project manager Years of experience with this organization Number of similar projects as project manager Number of similar projects in other positions Current Project Assignments Name of assignment Percent of time used for this project Estimated project completion date Reference Contact Information (listing names indicates approval to contact named individuals as a reference) Name Name Title/Position Title/Position Organization Organization Telephone Telephone Email Email Project Project Candidate’s role on project Candidate’s role on project Quality Control Manager Name of individual Years of experience as project superintendent Years of experience with this organization Number of similar projects as project superintendent Number of similar projects in other positions Current Project Assignments Name of assignment Percent of time used for this project Estimated project completion date Reference Contact Information (listing names indicates approval to contact named individuals as a reference) Name Name Title/Position Title/Position Organization Organization Telephone Telephone Email Email Project Project Candidate’s role on project Candidate’s role on project Brian Murphy *SAME AS ABOVE* 30 years 14 years N/A N/A N/A Greg Rust Safety Director BP Cherry Point Refinery 360.371.1937 rustg1@bp.com multiple Safety Manager David Hanson President West Coast Safety Services 360.685.0132 safetydave@comcast.net N/A Page 18 of 18 AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 305 of 370 sheet.0 Development Other Engineering - Design Engineering -Construction Admin Engineering -Construction Admin Initial Operation & Maintenance Development Other Engineering-Design Engineering-Construction Admin Engineering -Construction Admin Initial Operation & Maintenance Initial Operation & maintenance Stage 3 Closure LTP Pretreatment Facility Page 1 AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 306 of 370 sheet.0 Original Cost Estimate (80%) Stage 3 Closure Construction Cost Estimate 80% permitting submittal $1,538,000.00 COVID 12.5% increase $192,250.00 Engineer - Stage 3 Closure Final Design $75,500.00 Engineer - bid phase and services during construction $17,100.00 KIB CA (3% of construction)$51,907.50 Manual labor to cut woody vegetation ($1,000/yr x 5 yrs)$0.00 TOTAL $1,874,757.50 Original Cost Estimate (80%) Pretreatment Facility Construction Cost Estimate $1,956,000.00 COVID 12.5% increase $244,500.00 LTP Pretreatment Facility Final Design $182,400.00 Engineer – bid phase and services during construction $190,500.00 KIB CA (3% of construction)$66,015.00 Spare parts for clarifier skid, and phosphoric acid $57,330.00 Leachate Scale Control Pads $182,400.00 TOTAL $2,879,145.00 Stage 3 Closure LTP Pretreatment Facility Page 2 AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 307 of 370 sheet.0 Final Engineer's Cost Estmate (100%) $1,921,990.00 $240,248.75 $75,500.00 $17,100.00 $64,867.16 $5,000.00 $2,324,705.91 Final Engineer's Cost Estmate (100%) $1,930,500.00 $241,312.50 $182,400.00 $190,500.00 $65,154.38 $57,330.00 $182,400.00 $2,849,596.88 Page 3 AGENDA ITEM #14.B.1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 308 of 370 AGENDA ITEM #14.B.1.Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 309 of 370 AGENDA ITEM #14.B.1.Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 310 of 370 AGENDA ITEM #14.B.1.Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 311 of 370 AGENDA ITEM #14.B.1.Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 312 of 370 A-001 5 PROJ DATE SHEET DWG 1 2 3 4 5 6 A B C D VERIFY SCALE BAR IS ONE INCH ON ORIGINAL DRAWING. 1"0 NOVEMBER 2021 D3434201 KodiakTA_A-001.dwg November 19, 2021 - 10:04am CONCRETE METAL STUD WALL (PLAN) RIGID INSULATION BATT INSULATION STEEL PLYWOOD WOOD, ROUGH NON-CONTINUOUS WOOD, ROUGH CONTINUOUS GROUT GRATING, SPAN DIRECTION INDICATED GRANULAR FILL EARTH OR FINISH GRADE GENERAL ARCHITECTURAL NOTES ARCH/STRUCT MATERIAL SYMBOLS SYMBOL LEGEND 101 110.50 DIRECTION OF SLOPE DOWN CONTROL JOINT EXPANSION JOINT A ROOM IDENTIFIER LOUVER IDENTIFIERL-1 A S-1 SIGNAGE IDENTIFIER WALL TYPE INDICATOR ARCHITECTURAL/STRUCTURAL LEGEND ROOM NAME SYMBOL LEGEND CJ SPOT ELEVATION INDICATOR (IN FEET) X" EJ X" = DIMENSION ELEVATION DATUM (IN FEET) GRID / COLUMN INDICATOR MATL FIRE PROTECTION RATING MISC/REMARKSDOOR HEIGHTNO FRAME WIDTH TYPE FINISHGLASS TYPE FINISH HEAD JAMB SILL MISC X --W1 - MATL - X -W1 -HM - X W1 -HM HM - 10'-0"14'-0" 3'-4"7'-2" 3'-4"7'-2" STL STL PNT PWDR COAT PNT STL PNTSTL PWDR COAT STL PNT NAME MATL COL MATL FINISH COLNO.FINISH HGT MATL COLFINISH - SPACE FLOOR INTERIOR FINISH SCHEDULE CEILING REMARKS ---AERATION ROOM CONC1 WALLS DETAILS ROOM NUMBER DOOR LETTER DOOR NUMBERA 101 8407 STANDARD DETAIL REFERENCE STL GIRT BY BLDG MFR 1A 1B 1C STL COIL HM HDW-1 HDW-1 W-SSIZE *HARDWARE TYP ** ** PER SPEC SECTION 08 11 01B* ROUGH OPENING SIZE CLR IMWP WHITE 3" INSULATED PANEL ARCHITECTURAL WALL LEGEND UNLESS OTHERWISE INDICATED, PLAN DIMENSIONS ARE TO COLUMN GRID ON CENTERLINES, NOMINAL EDGE OF SLAB, FACE OF STUDS AND FACE OF CONCRETE WALLS. "FLOOR LINE" REFERS TO TOP OF CONCRETE SLABS. FINISH FLOORING IS INSTALLED ABOVE THE FLOOR LINE. FOR DEPRESSED FLOORS AND CURBS, SEE STRUCTURAL DRAWINGS. REPETITIVE FEATURES ARE NOT DRAWN IN THEIR ENTIRETY AND SHALL BE COMPLETELY PROVIDED AS IF DRAWN IN FULL. WHERE DOOR IS LOCATED NEAR CORNER OF ROOM AND IS NOT LOCATED BY DIMENSION ON PLAN OR DETAILS, DIMENSION SHALL BE 3-INCHES FROM FACE OF STUD (WALL) TO FACE OF ROUGH OPENING. DIMENSION SHALL BE 6" FROM FACE OF WALL TO EDGE OF ROUGH OPENING AT CONCRETE WALLS, 8" AT CMU WALLS. LINE OF EXISTING GRADES, AS SHOWN ON THE BUILDING ELEVATIONS AND SECTIONS ARE APPROXIMATE. THEY ARE AT THE BUILDING FACE, OR ON THE SECTION END EXCEPT AS NOTED. VERIFY ALL ROUGH-IN DIMENSIONS FOR EQUIPMENT PROVIDED IN THIS CONTRACT, OR BY OTHERS. REFER TO ARCHITECTURAL, STRUCTURAL, MECHANICAL, ELECTRICAL AND OTHER CATEGORIES OR DRAWINGS FOR ADDITIONAL NOTES. VERIFY SIZE AND LOCATION OF, AND PROVIDE: REQUIRED OPENINGS THROUGH FLOORS AND WALLS, ACCESS DOORS, FURRING, CURBS, ANCHORS AND INSERTS. PROVIDE ALL BASES AND BLOCKING REQUIRED FOR ACCESSORIES, MECHANICAL, ELECTRICAL AND OTHER EQUIPMENT. COORDINATE WALL OPENINGS WITH PEMB MFR. FOR APPLICABLE CODES AND LIFE SAFETY PLAN, SEE DRAWING A-002. FOR DOOR AND HARDWARE DESCRIPTIONS SEE SPECIFICATION SECTION 08 11 01. FOR WINDOW DESCRIPTIONS SEE SPECIFICATION SECTION 08 45.00. FOR LOUVERS DESCRIPTION SEE SPECIFICATION SECTION 08 90 00. NIC MEANS "NOT IN CONTRACT". SEALER 110 FCTY 113 NOTE: SEE SPEC SECTION 09 90 00B FOR PAINT SYSTEM NUMBERS DOOR AND HARDWARE SCHEDULE 2/A-502 7/A-502 8/A-502 9/A-502 - - XXXX EL XXXX 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 2/A-502 1/A-502 1/A-502 - - A You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdf.com)AGENDA ITEM #14.B.1.Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 313 of 370 A 1 2 3 4 A B F. EXT-2 F. EXT-1 F. EXT-2 A-002 6 PROJ DATE SHEET DWG 1 2 3 4 5 6 A B C D VERIFY SCALE BAR IS ONE INCH ON ORIGINAL DRAWING. 1"0 NOVEMBER 2021 D3434201 KodiakTA_A-002.dwg November 18, 2021 - 11:45pm LIFE SAFETY PLAN 3/8"=1'-0" X'TRAVEL DISTANCE (X = TOTAL DISTANCE TO EXIT IN FEET) EXIT LIGHT, ONE SIDED 32" MINIMUM EGRESS WIDTH PROVIDED, TYP F. EXT-1 FIRE EXTINGUISHER GENERAL NOTES:CODE SUMMARY 1. 2.GENERAL INFORMATION REFERENCE CODE: 2012 IBC, 2012 IFC, KIB CODE CHAP. 15.10 USE AND OCCUPANCY CLASSIF. GROUP (IBC CHAPTER 3): F2-FACTORY, INCIDENTAL USE TOILET AND ELECTRICAL ROOM CONSTRUCTION CLASSIFICATION (IBC 602 & TABLE 503): TYPE II-B NON-COMBUSTIBLE AREA AND HEIGHT LIMITS AREA (TABLE 503): 23,000 SF ALLOWABLE 1,862 SF ACTUAL HEIGHT AND STORIES (TABLE 503): 55 FT, 3 STORIES ALLOWABLE 37 FT, 1 STORY OCCUPANCY/EGRESS DESIGN OCCUPANCY (TABLE 1004.1.1): 1,862 SF/100=18 F2 OCCUPANCY GROUP NOT OCCUPIED FULL TIME, 1-5 PART TIME OCCUPANTS ACTUAL EXIT REQUIREMENTS 1 EXIT REQUIRED (TABLE 1014.1 & 1018) 2 EXITS PROVIDED 300 FT MAX TRAVEL DISTANCE ALLOWED (TABLE 1015.1) 56 FT TRAVEL DISTANCE ACTUAL FIRE RESISTANCE & FIRE PROTECTION REQUIRED BUILDING ELEMENT FIRE RATINGS (TABLE 601): EXTERIOR BEARING WALLS: 0 HRS INTERIOR NON-BEARING WALLS: 0 HRS ROOF CONSTRUCTION: 0 HRS DISTANCE FROM PROP. LINE/ADJ BLDG: OVER 30 FEET REQUIRED FIRE PROTECTION SPRINKLER SYSTEM NOT REQUIRED FOR LESS THAN 12,000 SF BUILDING AREA 2 HAND HELD FIRE EXTINGUISHERS REQUIRED (SECT 906) 3 PROVIDED INSULATION REQUIREMENTS WALLS: R-13+ REQUIRED, R-24 PROVIDED ROOF: R-30+ REQUIRED, R-32 PROVIDED SLAB: R-10 REQUIRED, R-10 PROVIDED TRANSLUCENT PANELS: R-6.4 FOR ARCHITECTURAL LEGEND SEE SHEET A-001. FOR FIRE EXTINGUISHER INFORMATION SEE SPECIFICATIONS SECTION 10 44 00. HAZARDOUS MATERIALS UP TO 400 GALLONS OF PHOSPHORIC ACID 75% SOLUTION, CLASSIFIED AS AN IRRITANT UNCONTROLLED. LEGEND You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdf.com)AGENDA ITEM #14.B.1.Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 314 of 370 A' 1 2 3 4 50'-0" 16'-8"15'-5"17'-11" A B CONTROL PANEL CHEMICAL REACTION TANKOUTLETINLET INCLINED PLATE CLARIFIER OUTLET SOFTENED LEACHATE TANK SLUDGE PUMPS SOFTENED LEACHATE PUMPS PRE-AERATION TANK VERTICAL AERATOR 4'-0" COMPRESSED AIR RECEIVER CONTROL PANEL A-101 7 PROJ DATE SHEET DWG 1 2 3 4 5 6 A B C D VERIFY SCALE BAR IS ONE INCH ON ORIGINAL DRAWING. 1"0 NOVEMBER 2021 D3434201 KodiakTA_A-101.dwg November 19, 2021 - 1:18pm FLOOR PLAN 3/8"=1'-0" OVERHEAD COILING DOOR EXISTING BUILDING 4" FLOOR DRAIN, TYP 40"x24" DRAIN SINK, NO WATER SUPPLY 10'-6" 1'-6" A A-301 B A-301 LIFTING BEAM 6" THICK CONCRETE PAD 6" THICK CONCRETE PAD F. EXT-2 F. EXT-1 F. EXT-1 B 1 A 1 C 1 A A AERATION ROOM 101 B A-201 3" INSULATED METAL WALL PANELS A A-201 5 A-502 6 A-502 You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdf.com)AGENDA ITEM #14.B.1.Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 315 of 370 12341 A B FEDCBA AB ABCDEF A-201 8 PROJ DATE SHEET DWG 1 2 3 4 5 6 A B C D VERIFY SCALE BAR IS ONE INCH ON ORIGINAL DRAWING. 1"0 NOVEMBER 2021 D3434201 KodiakTA_A-201.dwg November 19, 2021 - 1:50pm 3 WEST ELEVATION 1/8" = 1'-0" A-101 2 SOUTH ELEVATION 1/8" = 1'-0" A-101 1 NORTH BUILDING ELEVATION 1/8" = 1'-0" A-101 5'-0" CANOPY LENGTH AT COILING DOORS, TYP OF 2 4'-0" CANOPY LENGTH, TYP TYP CANOPY SLOPE FLASHING AT EXISTING BUILDING BY GC, GC TO COORDINATE WITH METAL BUILDING MANUFACTURER 1'-0" FLASHING AT EXISTING BUILDING BY GC, GC TO COORDINATE WITH METAL BUILDING MANUFACTURER 32'-0" 37'-6" 51'-1 1/2" B SECTION 1/2" = 1'-0" A-101 SFC MNTD LIGHT FIXT. CENTERED BOTTOM WAYS ON CANOPY, SEE ELEC DWGS INSULATED FILLER PANELS FLASHING AT EXISTING BUILDING BY GC, GC TO COORDINATE WITH METAL BUILDING MANUFACTURER AIR EXHAUST HOOD 1'-0" 12 1 1/2 12 3 2'-3" TYP EL 130.50 RF PRE-ENGINEERED BLDG AIR INTAKE HOOD A SECTION 1/2" = 1'-0" A-101 129'-6" 5 A-502 SNOW GUARDS TRANSLUCENT WALL PANELS 6 A-502 LIGHTLIGHT LIGHT LIGHT LIGHT You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdf.com)AGENDA ITEM #14.B.1.Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 316 of 370 4 3 2 1 BA A301 9 PROJ DATE SHEET DWG 1 2 3 4 5 6 A B C D VERIFY SCALE BAR IS ONE INCH ON ORIGINAL DRAWING. 1"0 NOVEMBER 2021 D3434201 KodiakTA_A-301.dwg November 19, 2021 - 2:50pm B SECTION 1/4" = 1'-0" A-101 A SECTION 1/4" = 1'-0" A-101 1 TON MONORAIL BEAM BY BLDG MFR, SEE PLAN 15'-5"16'-8"17'-11" 50'-0" 5 A-501 VAPOR BARRIER, TYPVAPOR BARRIER, TYP 2 A-501 12 3 12 1 1/2 4" INSULATED ROOF PANELS, MIN R-32 TYP FIELD COATED PRIMARY FRAMING MEMBERS, SEE 09 90 00b 4" INSULATED ROOF PANELS, MIN R-32 TYP 3" INSULATED WALL PANELS, MIN R-24, TYP 3" INSULATED WALL PANELS, MIN R-24, TYP 4" INSULATED ROOF PANELS, MIN R-32, TYP FIELD COATED PRIMARY FRAMING MEMBERS, SEE 09 90 00b 1 A-501 You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdf.com)AGENDA ITEM #14.B.1.Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 317 of 370 5 DETAIL AT BASE 1 1/2" = 1'-0" X PREFINISHED CLOSURE FLASHING WITH TEK FASTENERS AND RUBBER CLOSURE AT 24" O.C. TYP POLYFOAM SEALANT EXPANSION OR THRU FASTENERS AS REQ'D BY WIND LOADS CLOSURE WITH BUTYL TAPE ON LINE OF FASTENERS METAL PURLINS, SEE STRUC DWGS EAVE STRUT PREFINISHED INSULATED METAL WALL PANEL PREFINISHED INSULATED METAL WALL PANEL 7'-2" AFF CHANNEL SEALANT ALL AROUND, TYP 6 MTL BUILDING OPENING DETAIL 3"=1'-0" X PREFINISHED METAL ROOF SYSTEM BASE FLASHING WITH TEK FASTENERS AND RUBBER CLOSURE SET IN BUTYL TAPE FLASHING WITH POP-RIVETS AND SEALANT THRU FASTENER TYPE AND SPACING PER MFR REQUIREMENTS BLDG PURLIN BLDG CHANNEL EPDM MEMBRANE FOR THERMAL BREAK PROVIDE ADDITIONAL BLDG GIRT SUPPORT AS REQUIRED FOR SUPPORT OF EXTERIOR CANOPY CONT 3"x3"X 16 GA ANGLE WITH BOLTS PER BLDG MFR REQUIREMENTS EAVE STRUT PREFINISHED SOFFIT PANELS, FINISH TO MATCH WALLS DRIP STOP ON ALL SIDES PREFINISHED FASCIA PANELS, FINISH TO MATCH WALLS PREFINISHED METAL ROOF PANEL 4 DETAIL AT CANOPY 1 1/2"=1'-0" X 3 DETAIL 1 1/2"=1'-0" X JAMB SIM FASTENER TYPE & SPACING AS REQ'D BY MTL BLDG MFR SNOW GUARDS A-501 10 PROJ DATE SHEET DWG 1 2 3 4 5 6 A B C D VERIFY SCALE BAR IS ONE INCH ON ORIGINAL DRAWING. 1"0 NOVEMBER 2021 D3434201 KodiakTA_A-501.dwg November 19, 2021 - 12:30pm 2 EAVE & ROOF SPLICE DETAIL 3" = 1'-0" X FINISH FLOOR 3 1/4" 3" INSULATED METAL WALL PANEL BACKER ROD AND SEALANT ALL AROUND EXTEND WALL PANEL 2 1/2" BELOW TOS FINISH GRADE 6" BELOW TOS BASE ANGLE, SET IN SEALANT 1'-0" FACE OF EXISTING WALL FASTEN @ 8" O.C., START 1" FROM ENDS FLASHING WITH POP-RIVETS AND SEALANT FLEXIBLE BELLOWS WITH METAL FLANGE, SET FLANGE IN MEMBRANE OR SUBSTRATE COMPATIBLE MASTIC SHOULD ALLOW 6" OF MOVEMENT FIELD CUT AND TURN UP TOP PANEL SKIN FLEXIBLE VAPOR RETARDER TO SERVE AS INSULATION RETAIN BATT INSULATION WITHIN A FLEXIBLE RETAINER SHEET NOTE: FLASHING AT EXISTING BUILDING BY GC, GC TO COORDINATE WITH METAL BUILDING MANUFACTURER SHOULD ALLOW 6" OF MOVEMENT 1 EXPANSION JOINT COVER DETAIL 3" = 1'-0" X ROOF TO EXISTING WALL 1/4" HWH FASTENERS INSULATED METAL ROOF SYSTEM BUTYL SEALANT BUTYL TAPE SEALANT RAKE CLOSURE LL 1/4-14x7/8" HWH TYPE 2, SELF DRILLING LAP SCREW W/ BN WASHER @ 6" OC BUTYL TAPE SEALANT BUTYL TAPE SEALANT INSULATED HM DOOR AND FRAME AS SCHEDULED WEATHERSTRIPPING AS SCHEDULED CLOSER TRIMSST FLASHING VAPOR BARRIER RIGID INSULATION COLUMN You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdf.com)AGENDA ITEM #14.B.1.Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 318 of 370 INTERIOR EXTERIOR EXTERIOR METAL PANEL SECONDARY STRUCTURAL FRAMING BEHIND TRANSLUCENT PANEL FRAME, TYP 2 3/4" SEALANT BED 2" 4" STRUCTURAL GIRT TRANSLUCENT WALL PANEL SYSTEM HEAD FLASHING, COLOR TO MATCH WALL PANEL 2 3/4" TRANSLUCENT WALL PANEL SYSTEM SECONDARY STRUCTURAL FRAMING BEHIND TRANSLUCENT PANEL FRAME, TYP SEALANT BED EXTERIOR WALL PANEL STRUCTURAL GIRT .050 AL SILL PAN W/2" END DAM ON 3 SIDES, WITH KYNAR FINISH, COLOR TO MATCH WALL PANEL A-502 11 PROJ DATE SHEET DWG 1 2 3 4 5 6 A B C D VERIFY SCALE BAR IS ONE INCH ON ORIGINAL DRAWING. 1"0 NOVEMBER 2021 D3434201 KodiakTA_A-502.dwg November 18, 2021 - 10:56pm 7 COILING DOOR HEAD 3" = 1'-0" X 1/2" PLYWOOD 3x6 TREATED WOOD BLOCKING PREFINISHED CLOSURE FLASHING WITH TEK FASTENERS AND RUBBER CLOSURE AT 24" O.C. TYP 2" RIGID INSULATION TUBE OR CHANNEL DOOR HEADER AS REQD PREFINISHED INSULATED METAL WALL PANEL HOOD BY COILING DOOR MANUFACTURER MANUFACTURERS STANDARD WEATHER STRIPPING COILING DOOR TRACK PREFINISHED INSULATED METAL WALL PANEL 2" RIGID INSULATION 1/2" PLYWOOD PREFINISHED CLOSURE FLASING WITH TEK FASTENERS AND RUBBER CLOSURE AT 24" O.C. TYP COILING DOOR SEE SCHEDULE PRE-FINISHED CLOSURE FLASHING BEYOND CONC SLAB SEE CIVIL DWGS METAL BUILDING CHANNEL PREFINISHED INSULATED METAL WALL PANEL PRFINISHED CLOSURE FLASHING WITH TEK FASTENERS AND RUBBER CLOSURE AT 24" CENTERS TYP SEALANT ALL AROUND - TYP INSULATED HM DOOR AND FRAME AS SCHEDULED WEATHERSTRIPPING AS SCHEDULED COILING DOOR SEE SCHEDULE COILING DOOR TRACK CONTINUOUS WEATHER STRIPPING SST L 2 1/2x1 1/2x1/4x CONTINUOUS W/ 1/4"x 1'-4" LG STUDS @2'-0" O.C. COILING DOOR SEE SCHEDULE CONTINUOUS DOOR GUIDE W/ WIND BAR AND DOUBLE WEATHER STRIPPING (JAMB SIM)1 DOOR HEAD 3" = 1'-0" X PREFINISHED CLOSURE FLASHING WITH TEK FASTENERS AND RUBBER CLOSURE AT 24" CENTERS, TYP. DOOR, SEE SCHEDULE DRIP EDGE THRESHOLD SET IN SEALANT CONCRETE WALK- SEE CIVL CONCRETE SLAB - STRUCTURAL 2 DOOR SILL 3" = 1'-0" X 5 TRANSLUCENT PANEL SILL 3" = 1'-0" X 4 TRANSLUCENT PANEL HEAD 3" = 1'-0" X 8 COILING DOOR JAMB 3" = 1'-0" X 9 COILING DOOR SILL 3" = 1'-0" X 3 JOINT COVER NTS X WALL TO WALL EXPANSION 1/4"x1 3/4" MASONRY ANCHOR (90H055004) W/ SEALING WASHER (90H025003) 18" O.C. (FIN: S/S) 1 11/16" SEALANT (NOT BY C/S) 6 NTS X JOINT COVER WALL TO CORNER EXPANSION 24" 3/4" 12" POLYETHYLENE VAPOR BARRIER (12V145000) CONTINUOUS MOISTURE SEAL (12V051108) CONTINUOUS EXTRUDED ALUMINUM COVER PLATE ADAPTER (12A101001) 1/4"x1 3/4" TAPPER 18" O.C. (90H005004) W/ SEALING WASHER (90H025003) (FIN: BLUE P/S) ICC-ES#-ESR-3068 (CONCRETE) 5/16-18x3 1/2" MACHINE SCREW (90H882002), SEALING WASHER (90H077003), AND PVC PACER (12F114000) 18" O.C. (FIN: S/S) 18 5/8" SPRING STEEL TURNBAR 18" O.C. (12F007017) CONTINUOUS EXTRUDED ALUMINUM FRAME (12A100001) .090 FORMED ALUMINUM COVER PLATE (80S016013) 18" 12" 3/4" CONTINUOUS MOISTURE SEAL (12V051108) CONTINUOUS EXTRUDED ALUMINUM COVER PLATE ADAPTER (12A101001).090 FORMED ALUMINUM COVER PLATE (80S016013) 5/16-18x3 1/2" MACHINE SCREW (90H882002), SEALING WASHER (90H077003), AND PVC PACER (12F114000) 18" O.C. (FIN: S/S) 18 5/8" SPRING STEEL TURNBAR 18" O.C. (12F007017) POLYETHYLENE VAPOR BARRIER (12V145000) 1/4"x1 3/4" TAPPER 18" O.C. (90H005004) W/ SEALING WASHER (90H025003) (FIN: BLUE P/S) ICC-ES#-ESR-3068 (CONCRETE) CONTINUOUS EXTRUDED ALUMINUM FRAME (12A100001) EXPANDABLE FOAM INSULATION WITHIN FLEXIBLE RETAINER SHEET BATT INSULATION WITHIN FLEXIBLE RETAINER SHEET NOTE: FLASHING AT EXISTING BUILDING BY GC, GC TO COORDINATE WITH METAL BUILDING MANUFACTURER SHOULD ALLOW 6" OF MOVEMENT NOTE: FLASHING AT EXISTING BUILDING BY GC, GC TO COORDINATE WITH METAL BUILDING MANUFACTURER SHOULD ALLOW 6" OF MOVEMENT You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdf.com)AGENDA ITEM #14.B.1.Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 319 of 370 AGENDA ITEM #14.B.1.Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 320 of 370 AGENDA ITEM #14.B.1.Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 321 of 370 AGENDA ITEM #14.B.1.Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 322 of 370 50'-0" 16'-8"15'-5"17'-11" 1114"8" 314" S-101 15 PROJ DATE SHEET DWG 1 2 3 4 5 6 A B C D VERIFY SCALE BAR IS ONE INCH ON ORIGINAL DRAWING. 1"0 NOVEMBER 2021 D3434201 KodiakTA_S-101.dwg November 19, 2021 - 12:13pm FOUNDATION PLAN 3/8"=1'-0" 12" THICK REINFORCED CONCRETE FLOOR SLAB EXISTING FOUNDATION 1'-0" TYP 2'-0" 1'-0" TYP C S-302 D S-302 EXISTING FOOTING, TYP 4" FLOOR DRAIN, TYP CONCRETE PAD CONCRETE PAD 2'-3" TOC EL 130.32 TOP OF PAD EL 130.90 TOC EL 130.40 TOC EL 130.39 TOC EL 130.50 TOC EL 130.50 9'-6"12'-10"3'-0"3'-83 4" B S-302 A S-302 B S-302 10'-10" A S-302 3'-0" 3'-8"3'-8" 5'-5"5'-5" EDGE OF COLUMN FLANGE EDGE OF COLUMN FLANGE 2'-3" 11/19/2021 You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdf.com)AGENDA ITEM #14.B.1.Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 323 of 370 A' 1 2 3 4 50'-0" 16'-8"15'-5"17'-11" A B A' S-102 16 PROJ DATE SHEET DWG 1 2 3 4 5 6 A B C D VERIFY SCALE BAR IS ONE INCH ON ORIGINAL DRAWING. 1"0 NOVEMBER 2021 D3434201 KodiakTA_S-102.dwg November 19, 2021 - 12:12pm ROOF FRAMING PLAN 3/8"=1'-0" BRACING EAVE STRUT EXISTING BUILDING ROOF PEAK * CFR-42 INSULATED METAL ROOF PANEL. FLASH TO EXST BLDG SUB PURLIN EAVE STRUT S8x18.4 BELOW * SUB PURLIN BRACING *SLOPE TO MATCH EXISTING BUILDING. SE ARCHITECTURAL SHEETS FOR ROOF DECK PANEL DETAILS. PURLINS 3 EQUAL SPACES BETWEEN RF, TYP 2'-0" B S-302 A S-302 B S-302 A S-302 SEE ARCHITECTURAL DRAWINGS FOR CLOSURE HSS 3x3x1/4 BELOW CRANE BEAM BRACING BELOW CRANE BEAM BRACING BELOW SEE ARCHITECTURAL DRAWINGS FOR CLOSURE 11/19/2021 You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdf.com)AGENDA ITEM #14.B.1.Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 324 of 370 4 3 2 1 1 2 3 4 AB BA S-301 17 PROJ DATE SHEET DWG 1 2 3 4 5 6 A B C D VERIFY SCALE BAR IS ONE INCH ON ORIGINAL DRAWING. 1"0 NOVEMBER 2021 D3434201 KodiakTA_S-301.dwg November 19, 2021 - 2:02pm EL 130.50 * CL COL & RIDGE LINE RF RF RF RF 16'-8"15'-5" * SUB PURLIN, TYP PURLIN, TYP SPACE PURLINS 3 EQ SPACES BETWEEN COLUMNS, TYP 50'-0" PRE-ENGINEERED BLDG *ROOF SLOPE TO MATCH EXISTING BLDG. SEE ARCHITECTURAL SHEETS FOR ROOF DECK PANELS. 17'-11" * * BRACING 16'-8"15'-5" 50'-0" 17'-11" SPACE PURLINS 3 EQ SPACES BETWEEN COLUMNS, TYP BRACING SUB PURLIN, TYP PURLIN, TYP RF RF RF RF EL 130.50 PRE-ENGINEERED BLDG RF SUB PURLIN, TYP EL 130.50 EL 130.50 32'-0" 32'-0" RF PURLIN, TYP SUB-PURLIN, TYP EXST BLDG EXST BLDG FOR DETAILS OF CLOSUE, SEE ARCHITECTURAL SHEET A-502 1'-0" NOTE EXISTING BLDG NOT SHOWN FOR CLARITY. PURLIN, TYP GIRT, TYP WIND COLUMN GIRT, TYP EAVE STRUT GIRT, TYP A NORTH ELEVATION 1/4" = 1'-0" B WEST ELEVATION 1/4" = 1'-0" D EAST ELEVATION 1/4" = 1'-0" C SOUTH ELEVATION 1/4" = 1'-0" EXST BLDG 1'-0" EAVE STRUT SEE ARCHITECTURAL DRAWINGS FOR CANOPY SEE ARCHITECTURAL DRAWINGS FOR CANOPY SEE ARCHITECTURAL DRAWINGS FOR CANOPY TRANSLUCENT WALL PANEL FRAMING SUPPORT BY GC, GC TO COORDINATE WITH MANUFACTURER 11/19/2021 You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdf.com)AGENDA ITEM #14.B.1.Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 325 of 370 4 3 2 1BA S-302 18 PROJ DATE SHEET DWG 1 2 3 4 5 6 A B C D VERIFY SCALE BAR IS ONE INCH ON ORIGINAL DRAWING. 1"0 NOVEMBER 2021 D3434201 KodiakTA_S-302.dwg November 19, 2021 - 1:10pm B SECTION 1/4" = 1'-0" S-101 A SECTION 1/4" = 1'-0" S-101 2'-3" TYP EL 130.50 * CL COL & RIDGE LINE S8x18.4 RF RF RF RF *SUB PURLIN, TYP PURLIN, TYP SPACE PURLINS 3 EQ SPACES BETWEEN COLUMNS, TYP PRE-ENGINEERED BLDG *ROOF SLOPE TO MATCH EXISTING BLDG. SEE ARCHITECTURAL SHEETS FOR ROOF DECK PANELS. 2'-0" TYP D S-101 SECTION 1/2" = 1'-0"C S-101 SECTION 1/2" = 1'-0" EL 130.5 2'-0" EL 126.0 EL 127.0 CJ CM2 CM1 OR CM2 A 2'-0" EL 126.0 EL 130.5 EL 128.5 CJ CM2 UNCOMPACTED CAPILLARY BARRIER A EL 128.5 EL 126.0 B B CM1 OR CM2 CM1 CM1 CM2 COMPACTED EARTH TO 95% MAX RELATIVE DENSITY PER ASTM 1557 15'-5"16'-8"17'-11" 50'-0" #6 @ 12 TOP & BOT #6 @ 12 TOP & BOT #4 @ 12 #5 @ 12 4- #6 TOP & BOT COMPACTED EARTH TO 95% MAX RELATIVE DENSITY PER ASTM 1557 6" CAPILLARY BARRIER, TYP 10'-0" 32'-0" PURLIN, TYP RF SUB PURLIN, TYP EAVE STRUT EL 130.50 S8X18.4 CM2 CM1 CM1 EL 126.0 #6 @ 12 TOP & BOT STAGGER SPACING #4 @ 12 #5 @ 12 4- #6 TOP & BOT CAPILARY BARRIER, TYP COMPACTED EARTH TO 95% MAX RELATIVE DENSITY PER ASTM 1557 #6 @ 12 TOP & BOT #4 @ 12 3- #6 TOP & BOT EXST BLDG FOR DETAILS OF CLOSURE, SEE ARCHITECTURAL SHEET A-502 CAPILARY BARRIER, TYP UNCOMPACTED CAPILARY BARRIER 2'-0" TYP 3- #6 TOP & BOT #4 @ 12 L3x3x14 TYP 14 3'-0" 2" E S-302 E DETAIL S-302 2" CLR TYP 3 4" CHAMFER, TYP #4 @ 12" MAX EW ROUGHEN SURFACE TO 14" AMPLITUDE AND CLEAN #4 DOWEL @ 18 E.W., TYP EQUIPMENT CONC PAD TOP OF SLAB 43 4" FACE OF GIRT 3 1/4" TYP NOTCH DETAIL 2'-3" FACE OF COLUMN 316 P 1/2x6x0'-10"L 1/4 HSS 3x3x1/4 DELEGATED DESIGN 1/4 2 1/4 2 1/4 L 3x3x1/4 11/19/2021 You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdf.com)AGENDA ITEM #14.B.1.Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 326 of 370 AGENDA ITEM #14.B.1.Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 327 of 370 AGENDA ITEM #14.B.1.Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 328 of 370 AGENDA ITEM #14.B.1.Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 329 of 370 AGENDA ITEM #14.B.1.Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 330 of 370 AGENDA ITEM #14.B.1.Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 331 of 370 AGENDA ITEM #14.B.1.Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 332 of 370 AGENDA ITEM #14.B.1.Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 333 of 370 AGENDA ITEM #14.B.1.Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 334 of 370 AGENDA ITEM #14.B.1.Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 335 of 370 AGENDA ITEM #14.B.1.Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 336 of 370 AGENDA ITEM #14.B.1.Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 337 of 370 AGENDA ITEM #14.B.1.Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 338 of 370 AGENDA ITEM #14.B.1.Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 339 of 370 AGENDA ITEM #14.B.1.Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 340 of 370 AGENDA ITEM #14.B.1.Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 341 of 370 AGENDA ITEM #14.B.1.Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 342 of 370 AGENDA ITEM #14.B.1.Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 343 of 370 AGENDA ITEM #14.B.1.Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 344 of 370 AGENDA ITEM #14.B.1.Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 345 of 370 AGENDA ITEM #14.B.1.Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 346 of 370 AGENDA ITEM #14.B.1.Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 347 of 370 AGENDA ITEM #14.B.1.Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 348 of 370 AGENDA ITEM #14.B.1.Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 349 of 370 AGENDA ITEM #14.B.1.Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the...Page 350 of 370 KODIAK ISLAND BOROUGH STAFF REPORT MARCH 17, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Resolution No. FY2022-26 Authorizing Acceptance Of A Kodiak Brown Bear Trust Small Grant Award Of $1000.00 For Safety Messaging And Education In Brown Bear Country. ORIGINATOR: Engineering and Facilities Director, Dave Conrad RECOMMENDATION: Move to approve Resolution FY2022-26 Authorizing Acceptance Of A Kodiak Brown Bear Trust Small Grant Award Of $1000.00 For Safety Messaging And Education In Brown Bear Country. DISCUSSION: The Kodiak Island Borough Solid Waste Advisory Board in conjunction with the Engineering and Facilities Staff prepared and submitted a grant request for $1000.00 to be utilized for public education and awareness of best practices associated with living and interaction with brown bears and proper disposal of solid waste. The Kodiak Brown Bear Trust has decided to award this small grant to the SWAB for this. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #14.B.2. Resolution No. FY2022-26 Authorizing Acceptance Of A Kodiak Brown Bear T...Page 351 of 370 Kodiak Island Borough, Alaska Resolution No. FY2022-26 Deletion – Red, Strikeout Page 1 of 2 Insertion – Bold 2nd Insertion - Green Version 1 Introduced by: Engineering And Facilities 1 Drafted by: E/F Director 2 Introduced on: 03/17/2022 3 Adopted on: 4 5 KODIAK ISLAND BOROUGH 6 RESOLUTION NO. FY2022-26 7 8 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ACCEPTING A 9 GRANT FROM THE KODIAK BROWN BEAR TRUST FOR EDUCATION OF THE PUBLIC 10 REGARDING LIVING WITH BROWN BEARS ON KODIAK ISLAND ON BEHALF OR THE 11 SOLID WSTE ADVISORY BOARD (SWAB). 12 13 WHEREAS, the Kodiak Island Borough Solid Waste Advisory Board and the Engineering and 14 Facilities staff have applied for funding from the Kodiak Brown Bear Trust; and 15 16 WHEREAS, the Kodiak Brown Bear Trust had awarded a Small Grant Request for $1,000.00 17 to be utilized for educational purposes to provide education to the Kodiak residents related to 18 living with brown bears and proper handling and disposal of municipal solid waste (garbage) in 19 Kodiak; and 20 21 WHEREAS, the SWAB is tasked with public education associated with solid waste handling 22 and disposal; and 23 24 WHEREAS, accepting this grant funding enhances the ability of the SWAB to increase the 25 allotted funding allowing more educational material and advertising for this extremely important 26 topic for the Kodiak community. 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 29 BOROUGH that the Borough Manager is authorized to execute any and all documents required 30 to accept this grant funding from the Kodiak Brown Bear Trust. 31 32 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 33 THIS DAY OF , 2022. 34 35 KODIAK ISLAND BOROUGH 36 37 ATTEST: 38 ___________________________ 39 William Roberts, Mayor ___________________________ 40 Alise L Rice, Borough Clerk 41 42 VOTES: 43 AGENDA ITEM #14.B.2. Resolution No. FY2022-26 Authorizing Acceptance Of A Kodiak Brown Bear T...Page 352 of 370 Kodiak Island Borough, Alaska Resolution No. FY2022-26 Deletion – Red, Strikeout Page 2 of 2 Insertion – Bold 2nd Insertion - Green Version 1 Ayes: 44 Noes: 45 AGENDA ITEM #14.B.2. Resolution No. FY2022-26 Authorizing Acceptance Of A Kodiak Brown Bear T...Page 353 of 370 Page 1 of 2 KODIAK ISLAND BOROUGH Engineering & Facilities Department MEMORANDUM DATE: 12/20/2021 TO: Kodiak Brown Bear Trust FROM: David Conrad, E/F Director RE: Small Grant Application Background and Purpose: During the past, several years that I have been directly involved in the administration of the Solid Waste Contract it appears that bear/Municipal Solid Waste collection and disposal has been a seasonal topic. This is the predominant human/bear conflict in Kodiak due to the ease of access to the food sources which include the dumpster locations, especially near the wildland interface. The Solid Waste Advisory Board (SWAB) of the Kodiak Island Borough (KIB) has continuously throughout its history made attempts to educate the public each year to lessen the direct impact that providing unnatural food sources to wildlife may cause. Although the preponderance of Kodiak residents appreciate and value bears in and around our community, there are valid concerns that arise when bears become habituated to living among people. In response to these concerns the Kodiak Island Borough Facilities and Engineering Department, in collaboration with the Borough’s Solid Waste Advisory Board, and the Alaska Department of Fish and Game primarily are developing outreach efforts to support the community in learning to live responsibly and respectfully with bears. This upcoming year, radio and print media advertising will continue however the board and staff will attempt to focus partnership and interaction with the schools. Education regarding bear/human interaction as well as responsibility for one’s waste can be presented to children in a hope that the message will be taken in at an early age. This interaction will include use of last year’s coloring book to continue discussions about recycling as well as new materials to educate associated with proper garbage disposal, food items around the house that attract wildlife and other topics developed with interactive discussions with ADF&G, State Wildlife Troopers, Kodiak National Wildlife Refuge Staff, SWAB, KBBT the KIB as well as others interested in participating in development and distribution of the educational materials and messages. AGENDA ITEM #14.B.2. Resolution No. FY2022-26 Authorizing Acceptance Of A Kodiak Brown Bear T...Page 354 of 370 Page 2 of 2 Objectives and Deliverables: Our objectives are to educate the public through various outlets. The SWAB is excited to have discussions with teachers and administrators to develop and pass the messages of responsible waste disposal and recycling to the children in Kodiak. Any funding that the KBBT chooses to contribute will be added to the funds that are provided annually to the SWAB by the KIB. The SWAB will reach out for materials for inclusion to all the local partners desiring involvement. Methods: Our challenge this year is to develop and provide informative educational materials and resources to the students in the elementary schools by cooperative interaction with all the normal partners and the Kodiak Island Borough School District aimed at the education of all residents including and focused on the area youth. Timeline and Budget: The current timeline is to have information available for the students by early spring to get the messages out to the public prior to the bears returning to the areas of human interaction. All funds received are comingled and combined to extend the SWAB budget. Our primary expenditure is advertisement associated with bear awareness and recycling opportunities in the Kodiak community. AGENDA ITEM #14.B.2. Resolution No. FY2022-26 Authorizing Acceptance Of A Kodiak Brown Bear T...Page 355 of 370 1 KODIAK BROWN BEAR TRUST GRANT APPLICATION GUIDELINES The purpose of these guidelines is to provide prospective grant applicants with information necessary for evaluation of their grant applications and to help grant recipients comply with Kodiak Brown Bear Trust reporting requirements. The Kodiak Brown Bear Trust (KBBT) works to promote conservation of brown bears in the Kodiak Archipelago through funding of research, management, education and habitat protection projects. Grant applications should address high priority needs in those areas. Special consideration will be given to projects that involve the collaboration of two or more organizations/agencies. Applicants or grant recipients that have questions should contact: Kodiak Brown Bear Trust Attn: Vic Barnes PO Box 1546 Westcliffe, CO 81252 719-783-0335 Jgbarnes1546@gmail.com Type of Grants: The KBBT will accept two types of grant applications. Requests for up to $1,000 should be submitted with the Small Grant Application Form. Requests for support greater than $1,000 should be submitted with the Large Grant Application Form. Grant Submission and Review: The KBBT prefers that both Small and Large Grant applications be submitted electronically to Vic Barnes, Trust Manager, at jgbarnes1546@gmail.com. Hard copy submissions should be sent to the address above. There is no deadline for submission of a Small Grant application. Each Small Grant Application will be evaluated by the four KBBT Trustees and the Trust Manager. The review and decision on the application will occur within approximately three months of when the application is received. The deadline for submission of a Large Grant application is November 15 of the year preceding the year in which the proposed project is scheduled to begin. Each Large Grant Application will be evaluated by the four KBBT Trustees and the Trust Manager. Each Large Grant Application also will be submitted by the Trust Manager to the Kodiak Unified Bear Subcommittee for review and recommendations. The Trustees and Trust Manager may also request a review(s) AGENDA ITEM #14.B.2. Resolution No. FY2022-26 Authorizing Acceptance Of A Kodiak Brown Bear T...Page 356 of 370 2 by a specialist(s). The review and decision process will be completed approximately three months after the application is received. Recipient Guidelines: Upon completion of a Small Grant project, the KBBT requests that the recipient submit the following: 1. A report summarizing project results and accomplishments. 2. If applicable, digital pictures of project activities. 3. Copies of any popular articles or media reporting of the project. Recipients of Large Grants are requested to provide the KBBT with the following: 1. If the project lasts longer than six months, brief (1-2 page) reports of project progress 2. A final report detailing project results and accomplishments 3. Digital pictures and, if possible, video coverage of project activities 4. Copies of popular articles, publications or media coverage of the project. AGENDA ITEM #14.B.2. Resolution No. FY2022-26 Authorizing Acceptance Of A Kodiak Brown Bear T...Page 357 of 370 KBBT Small Grant App [Adopted September7, 2012 [Type text] Page 1 KODIAK BROWN BEAR TRUST SMALL GRANT APPLICATION FORM (Requests up to $1,000) Date: Project Title: Amount Requested: Organization/Agency Name: Contact Person: Name: Mailing Address: City, State, Zip: Telephone: Fax: Email: Project Proposal: 1. Provide background, purpose, and a statement of why the project is important. 2. Describe objectives and deliverables of the project. 3. Describe methods that will be used to complete the project. 4. Provide a detailed timeline and budget for the project 5. Indicate other individuals and/or organizations/agencies that will cooperate on the project; detail how their contributions will complement the project. 6. Explain how the project will support the mission of the Kodiak Brown Bear Trust. Send application to: Jgbarnes1546@gmail.com OR Kodiak Brown Bear Trust Attn: Trust Manager PO Box 1546 Westcliffe, CO 81252 AGENDA ITEM #14.B.2. Resolution No. FY2022-26 Authorizing Acceptance Of A Kodiak Brown Bear T...Page 358 of 370 KODIAK ISLAND BOROUGH STAFF REPORT MARCH 17, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Confirmation Of The Mayoral Appointment To The Prince William Sound Regional Citizens Advisory Council, Ms. Rebecca Skinner. ORIGINATOR: Deputy Clerk, Lina Cruz RECOMMENDATION: Move to confirm the mayoral appointment of Ms. Rebecca Skinner to the Prince William Sound Regional Citizen's Advisory Council Board (PWSRCAC) of Directors for a two-year term to expire May 2024. Staff Report - Acting Borough Clerk, Lina Cruz Assembly Discussion Roll Call Vote DISCUSSION: The PWSRCAC adviced the Borough that Ms. Skinner's term on the Board of Directors will be expiring at the upcoming May 5-6, 2022 annual meeting in Valdez. The dedicated seat for the Kodiak Island Borough is its opportunity to influence decisions having profound implications for oil transportation safety in Alaska, and for the state's oil spill prevention and response capabilities. • The Kodiak Island Borough would best be served by a representative who: • Understands her/his organization and/or community, its needs, concerns and perspectives; • Has at least a rudimentary familiarity with oil transportation issues; • Has a home and work schedule flexible enough to allow participation and travel; • Is committed to our mission of promoting environmentally safe operation of the Alyeska terminal and associated tankers; and • Seeks opportunities to foster cooperative and constructive relationships between citizens, industry and regulatory agencies. A PWSRCAC director can expect to devote an average of 20 hours a month on PWSRCAC business. The full Board conducts three in-person 2-day meetings in January, May, and September. In addition, annual budget and planning meetings are held, as well as special meetings and opportunities to participate in committees or work groups. PWSRCAC staff provides support to board members whenever possible. Ms. Rebecca Skinner has served for four years and has notified the Clerk's office that she is interested in seeking re-appointment. ALTERNATIVES: FISCAL IMPACT: AGENDA ITEM #14.D.1. Confirmation Of The Mayoral Appointment To The Prince William Sound Regi...Page 359 of 370 KODIAK ISLAND BOROUGH STAFF REPORT MARCH 17, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough OTHER INFORMATION: The Kodiak Island Borough Assembly needs to notify PWSRCAC in writing, no later than Wednesday, March 30, 2022, of their selected individual for the Kodiak Island Borough’s next two-year term on the PWSRCAC board. Ideally, this individual will then be expected to attend our May 5-6, 2022, meeting in Valdez for confirmation and participation. AGENDA ITEM #14.D.1. Confirmation Of The Mayoral Appointment To The Prince William Sound Regi...Page 360 of 370 From:Fleming, Jennifer To:bill.roberts@kibassembly.org; Michael Powers; Clerks Cc:Skinner, Rebecca Subject:Notification of Expiring Term on PWSRCAC Board of Directors Date:Wednesday, February 2, 2022 2:06:30 PM Attachments:Skinner.KIB.2022.pdf Mayor Roberts, Please see the attached letter regarding the Kodiak Island Borough’s seat on the Prince William Sound Regional Citizens’ Advisory Council Board of Directors, currently held by Ms. Rebecca Skinner. We request a response regarding this appointment by March 30, 2022. If you have any questions regarding the attached, please don’t hesitate to contact me. Thank you, Jennifer Jennifer Fleming, Executive Assistant Prince William Sound Regional Citizens’ Advisory Council O: 907.834.5010 C: 907.831.0055 www.pwsrcac.org AGENDA ITEM #14.D.1. Confirmation Of The Mayoral Appointment To The Prince William Sound Regi...Page 361 of 370 February 2, 2022 Sent via email and USPS mail Mayor Bill Roberts Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Dear Mr. Roberts: The Prince William Sound Regional Citizens' Advisory Council (PWSRCAC) is writing to advise you that Rebecca Skinner’s term on our Board of Directors expires at the upcoming May 5-6, 2022, annual meeting in Valdez. The dedicated seat for the Kodiak Island Borough is its opportunity to influence decisions having profound implications for oil transportation safety in Alaska, and for the state's oil spill prevention and response capabilities. We greatly value your past participation. The Kodiak Island Borough is best be served by a representative who: • Understands her/his organization and/or community, its needs, concerns and perspectives; • Has at least a rudimentary familiarity with oil transportation issues; • Has a home and work schedule flexible enough to allow participation and travel; • Is committed to our mission of promoting environmentally safe operation of the Alyeska terminal and associated tankers; and • Seeks opportunities to foster cooperative and constructive relationships between citizens, industry and regulatory agencies. A PWSRCAC director can expect to devote an average of 20 hours a month on PWSRCAC business. The full Board conducts three in-person 2-day meetings in January, May, and September. In addition, annual budget and planning meetings are held, as well as special meetings and opportunities to participate in committees or work groups. PWSRCAC staff provides support to board members whenever possible. Please notify us in writing, no later than Wednesday, March 30, 2022, of your selected individual for the Kodiak Island Borough’s next two-year term on the PWSRCAC board. Ideally, this individual will then be expected to attend our May 5-6, 2022, meeting in Valdez for confirmation and participation. AGENDA ITEM #14.D.1. Confirmation Of The Mayoral Appointment To The Prince William Sound Regi...Page 362 of 370 If Rebecca Skinner will continue to be your representative, we ask that you still notify PWSRCAC in writing. If you have further questions about the PWSRCAC or the responsibilities of its directors, please don't hesitate to call. Thank you for your cooperation, and we look forward to the Kodiak Island Borough’s continued contribution. Sincerely, Jennifer Fleming Executive Assistant fleming@pwsrcac.org Cc via email: Rebecca Skinner AGENDA ITEM #14.D.1. Confirmation Of The Mayoral Appointment To The Prince William Sound Regi...Page 363 of 370 February 15,2022 Kodiak Island Borough Assembly 710 Mill Bay Road Kodiak,AK 99615-6398 Dear Mayor Roberts and Assembly Members, My name is Amanda Bauer,I represent the City ofVa|dez on the Prince William Sound Regional Citizens Advisory Council (PWSRCAC)and currently serve as Vice—President of the Board of Directors.I am writing to you today to express my personal support for Rebecca Skinner to be appointed to represent The Kodiak Island Borough on the PWSRCAC Board of Directors.Please note that I am not speaking on behalf of PWSRCACitself. Since first being seated in 2018,Ms.Skinner has put considerable time and effort forth to understand the PWSRCAC and integrate into the organization.I consider her to be a very active board member,one who serves on multiple committees,including currently sewing on the Executive Committee.Making a commitment to volunteer and fully comprehend this organization takes many hours of personal time.I believe it would be a shame to lose Ms. Skinner's devotion to the PWSRCAC. Thank you for your consideration. Sincerely,,IW?stA/ Amanda Bauer Representing the City of Valdez Prince William Sound Regional Citizens Advisory Council AGENDA ITEM #14.D.1. Confirmation Of The Mayoral Appointment To The Prince William Sound Regi...Page 364 of 370 To February 15, 2022 Mayor Bill Roberts Kodiak Island Borough Assembly Members 710 Mill Bay Rd. Kodiak, AK. 99615-6398 Greetings Mayor Roberts and Assembly Members, I am writing you today to give some of my thoughts as to what makes an effective Board Member for the Prince William Sound Regional Citizens Advisory Council. These are my own thoughts and for full disclosure, I am on the Board representing the City of Homer and the current Board President. I am a retired marine engineer and spent my entire professional career on ships, oil related vessels and towing vessels. Having spent many years in the marine industry has helped me understand the intricacies that the PWSRCAC deals with. When I first came aboard there was a learning curve to understand the operation, goals, responsibilities and terminology. The time commitment has to be understood. To be an effective Board Member one has to understand the issues. A term on the PWSRCAC Board is for a period of two years and depending on the individual, a full understanding of the entire scope of the PWSRCAC may take that long. PWSRCAC Board Members are encouraged to sit on one of five technical committees depending on their background. The issues that come before this organization cannot be predicted so one has to be engaged and participate in Board decisions. I have been on the Board since May 2015 and my commitment takes up a good portion of my time and energy. The Board holds three regular meetings a year, and with the associated workshops these meetings can each take 2-3 days, not including travel. A Board Member is an appointed position from a designated entity identified in the Oil Pollution Act of 1990 and several amendments since that date. I represent the City of Homer and as such report to the City Council and Mayor. I have not held a elected position but serve on the Parks and Rec. Commissions. A person who is willing to put in the time is an asset to the PWSRCAC. Respectfully, Robert Archibald PO Box 2460 Homer, AK. 99603 907. 299-0852 AGENDA ITEM #14.D.1. Confirmation Of The Mayoral Appointment To The Prince William Sound Regi...Page 365 of 370 KODIAK ISLAND BOROUGH STAFF REPORT MARCH 17, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Confirmation Of Mayoral Appointment to the Consolidation Committee at Large Seat, Mr. Cort Neff. ORIGINATOR: Deputy Clerk, Lina Cruz RECOMMENDATION: Move to confirm the mayoral appointment of Mr. Cort Neff to an at large seat on the Consolidation Committee. Staff Report - Acting Borough Clerk, Lina Cruz Assembly Discussion Roll Call Vote DISCUSSION: On February 22, 2022, the Clerk's office received Mr. Neff's application for the Consolidation Committee at large seat. Ms. Neff currently resides at 3746 Otmeloi Way, this qualifies him for the consolidation at large seat. He has resided in the Borough for 42 years. What background, experience, and expertise will you bring to the committee? Mr. Neff responded "I know the community well, having been all over, including villages in the last 42 years." ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: KIB Code 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. The mayor shall appoint a new applicant until an appointment is confirmed by the assembly. The mayor may not appoint again the same person whose confirmation was failed by the assembly for the same board, committee, or commission until the next annual appointment process unless authorized by the assembly. AGENDA ITEM #14.D.2. Confirmation Of Mayoral Appointment to the Consolidation Committee at La...Page 366 of 370 “K Please comple te th e onlineformbelow.Pleasebeawarethattheinformationgiven on your applic ation ismadeavailabletothepublic.Staffwillrequiretheuseofa mailing addres s, e m ail address,andcontactphonenumbertoprovideboardand meeting infor matio n.PERSONAL I Lina Cruz From:norep|y@civicp| us.comSent:Tuesday,February22,20221:01PM To°Clerks Subject:OnlineFormSubmittalzBoardApplicationFormF O R SE RV IC E AREABOARDAPPLICANTS Email A d dr es s (Thisaddress will be for correspo ndence) Desi gnate d seatorgroup repre senta tion (ifapplicable): Selec t t h e Boar d, Commission, or C o m m itt ee applyingfor B o ar d App licat ion FormR E S I INFORMAT ION 37 46 Ot me loi WayKodiak,AK99615 Hom e P h o n e Number ( num eric only ) Cell F a x Num ber (numeric only) R e gi st er e d tovoteinKodiak?L e n gt h ofresidenc y inKodiak W or k Nu mb er (numericonly) C o n s ol id at io n Committee E m pl o y er / O cc Fi el d notcomple ted. 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The Chairs are recommended by the Mayor and confirmed through the assembly. Revision Date: 2/18/2022 KODIAK CONSOLIDATION COMMITTEE KODIAK ISLAND BOROUGH SEAT NAME PHONE EMAIL Borough Government Representative (Chair) Alternate Assembly Member Mr. Jared Griffin Assembly Member Mr. James Turner (907) 942-1903 (206) 316-0482 jared.griffin@kibassembly.org james.turner@kibassembly.org City Government Representative Alternate VACANT Mayor Pat Branson (907) 539-5720 pbranson@city.kodiak.ak.us Borough 2nd Class City Village Representative Alternate City of Port Lions Mayor Dorinda Kewan VACANT (907) 454-2332 cityofportlions@gmail.com At -Large VACANT At -Large VACANT At -Large Mr. Tyler Kornelis (907) 654-5620 tykornelis@gmail.com At -Large Mr. Justin Thran (775) 790-4551 justin.thran@hotmail.com At -Large VACANT Vice-Chair Mr. Paul VanDyke (907) 942-2904 kodpvd@gmail.com Ex-Officio, Non Voting Borough Manager (or designee) Borough Manager Mr. David Conrad (907) 486-9301 dconrads@kodiakak.us City Manager (or designee) Deputy City Manager Ms. Josie Bahnke (907) 654-4474 jbahnke@city.kodiak.ak.us AGENDA ITEM #14.D.2. Confirmation Of Mayoral Appointment to the Consolidation Committee at La...Page 369 of 370 Note: The Co– Chair is elected by the committee. The Chairs are recommended by the Mayor and confirmed through the assembly. Revision Date: 2/18/2022 NOTE: This board is governed by KIBC 2.100 Per KIBC 2.100.170 An ex officio member is not entitled to vote on any question nor is an ex officio member a member for the purpose of establis h- ing a quorum. SPECIAL PROJECTS SUPPORT, MEAGAN CHRISTIANSEN 486-9303 mchristansen@kodiakak.us ADMINISTRATIVE ASSISTANT, LISA ZEIMER 486-9301 lzeimer@kodiakak.us OFFICE OF THE BOROUGH MANAGER 710 MILL BAY ROAD ROOM 125 STAFF: AGENDA ITEM #14.D.2. Confirmation Of Mayoral Appointment to the Consolidation Committee at La...Page 370 of 370 Watch meetings live, online at www.kodiakak.us Citizen Comment: 486-3231 or 855-492-9202 Listen on the radio at KMXT 100.1 FM Page 1 of 7 Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, March 17, 2022, 6:30 p.m., Assembly Chambers 1. INVOCATION MAJOR DAVE DAVIS OF THE SALVATION ARMY 2. PLEDGE OF ALLEGIANCE MAYOR ROBERTS 3. STATEMENT OF LAND ACKNOWLEDGEMENT MAYOR ROBERTS We are gathered on the traditional homeland of the Sugpiaq, Alutiiq people and acknowledge the 10 tribes of the Kodiak Alutiiq Region. We recognize the Alutiiq culture that enriches our community to this day. 4. ROLL CALL KIBC 2.25.070… 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 member Smith and Assembly Member Turner who are absent due to personal matters. VOICE VOTE ON MOTION 5. 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. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION. 6. *APPROVAL OF MINUTES A. 2021-11-04 Special Meeting Minutes Watch meetings live, online at www.kodiakak.us Citizen Comment: 486-3231 or 855-492-9202 Listen on the radio at KMXT 100.1 FM Page 2 of 7 2021-11-04 Regular Meeting Minutes 2021-11-05 Special Meeting Minutes 2021-11-09 Special Meeting Minutes 2021-11-12 Special Meeting Minutes 2021-11-18 Regular Meeting Minutes 2021-12-02 Regular Meeting Minutes 2021-12-16 Regular Meeting Minutes 7. CITIZENS' COMMENTS (three minutes per speaker) Agenda Items not scheduled for public hearing and general comments only. Read the phone numbers: Local is 907-486-3231; Toll Free is 1-855-492- 9202. Please ask speakers to: 1. Sign in and state their name for the record 2. Turn on the microphone before speaking 3. Address all remarks to the assembly as a body and not to any member thereof 4. If calling in – turn off any listening devices to prevent feedback 8. AWARDS AND PRESENTATIONS – None. 9. COMMITTEE REPORTS 10. PUBLIC HEARING A. Ordinance No. FY2022-12 Amending Kodiak Island Borough Code Section 3.35.030(A)(3) Regarding Required Tax Property Exemptions. Recommended motion: Move to adopt Ordinance No. FY2022- 12 Amending Kodiak Island Borough Code Section 3.35.030(A)(3) Regarding Required Tax Property Exemptions. Staff report – Assessor, Seema Garoutte. Open public hearing. Read phone numbers: 907-486-3231, Toll Free 1-855-492-9202. Watch meetings live, online at www.kodiakak.us Citizen Comment: 486-3231 or 855-492-9202 Listen on the radio at KMXT 100.1 FM Page 3 of 7 Please ask speakers to: 1. Sign in and state their name for the record 2. Turn on the microphone before speaking 3. Address all remarks to the assembly as a body and not to any member thereof 4. If calling in – turn off any listening devices to prevent feedback Close the public hearing. Assembly discussion. ROLL CALL VOTE ON THE MOTION. B. Ordinance FY2022-13 Amending Kodiak Island Borough Code Section 18.50.010 Regarding Fees For Permits. Recommended motion: Move to adopt Ordinance No. FY2022- 13 Amending Kodiak Island Borough Code Section 18.50.010 Regarding Fees For Permits. Staff report – Assessor, Seema Garoutte. Open public hearing. Read phone numbers: 907-486-3231, Toll Free 1-855-492-9202. Please ask speakers to: 1. Sign in and state their name for the record 2. Turn on the microphone before speaking 3. Address all remarks to the assembly as a body and not to any member thereof 4. If calling in – turn off any listening devices to prevent feedback Close the public hearing. Assembly discussion. ROLL CALL VOTE ON THE MOTION. C. Ordinance No. FY2022-15 Rezoning USS 444 TR A Lot A, From I- Industrial District To B-Business District (P&Z Case No. 22-009). Watch meetings live, online at www.kodiakak.us Citizen Comment: 486-3231 or 855-492-9202 Listen on the radio at KMXT 100.1 FM Page 4 of 7 Recommended motion: Move to adopt Ordinance FY2022-15, the rezone of USS 444 TR A Lot A Mission Road from I- Industrial District to B-Business District, as approved by the Planning and Zoning Commission on February 16, 2022. Staff report – Community Development Interim Director, Seema Garoutte. Open public hearing. Read phone numbers: 907-486-3231, Toll Free 1-855-492-9202. Please ask speakers to: 1. Sign in and state their name for the record 2. Turn on the microphone before speaking 3. Address all remarks to the assembly as a body and not to any member thereof 4. If calling in – turn off any listening devices to prevent feedback Close the public hearing. Assembly discussion. ROLL CALL VOTE ON THE MOTION. 11. BOROUGH MANAGER'S REPORT 12. MESSAGES FROM THE BOROUGH MAYOR 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS – None 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS 1. Contract No. FY2022-35 Harbor Infrastructure Memorandum Of Agreement With The City Of Kodiak For Portland Loo Project Development. Recommended motion: Move to Authorize the Borough Manager to sign Contract No. FY2022-35 Harbor Infrastructure Memorandum of Agreement for Portland Loo Project Development with the City of Kodiak. Watch meetings live, online at www.kodiakak.us Citizen Comment: 486-3231 or 855-492-9202 Listen on the radio at KMXT 100.1 FM Page 5 of 7 Staff report – Borough Manager, Roxanne Murphy. Assembly discussion. ROLL CALL VOTE ON THE MOTION. 14.B. Resolutions 1. Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the Required Documentation with the United States Department of Agriculture (USDA), Rural Utility Services (RUS) for a Low Interest Loan in the Amount of $4,810,000.00 at a 1.75% interest rate for a term of 40 years. This loan is for the Design Engineering, Construction Administration, Construction and Contingency for both the Stage 3 Closure Project and the Leachate Pretreatment Facility Addition Project. Recommended motion: Move to Approve Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the Required Documentation with the United States Department of Agriculture (USDA), Rural Utility Services (RUS) for a Low Interest Loan in the Amount of $4,810,000.00 at a 1.75% interest rate for a term of 40 years. This loan is for the Design Engineering, Construction Administration, Construction and Contingency for both the Stage 3 Closure Project and the Leachate Pretreatment Facility Addition Project. Staff report – Borough Manager, Roxanne Murphy. Assembly discussion. ROLL CALL VOTE ON THE MOTION. 2. Resolution No. FY2022-26 Authorizing Acceptance Of A Kodiak Brown Bear Trust Small Grant Award Of $1000.00 For Safety Messaging And Education In Brown Bear Country. Recommended motion: Move to approve Resolution FY2022-26 Authorizing Acceptance of a Kodiak Brown Bear Trust Small Grant Award Of $1000.00 For Safety Messaging And Education In Brown Bear Country. Watch meetings live, online at www.kodiakak.us Citizen Comment: 486-3231 or 855-492-9202 Listen on the radio at KMXT 100.1 FM Page 6 of 7 Staff report – Borough Manager, Roxanne Murphy. Assembly discussion. ROLL CALL VOTE ON THE MOTION. 14.C. ORDINANCES FOR INTRODUCTION – None 14.D. OTHER ITEMS 1. Confirmation Of The Mayoral Appointment To The Prince William Sound Regional Citizens Advisory Council, Ms. Rebecca Skinner. Recommended motion: Move to confirm the mayoral appointment of ___________ to the Prince William Sound Regional Citizen's Advisory Council Board (PWSRCAC) of Directors for a two-year term to expire May 2024. Staff report – Mayor Roberts. Assembly discussion. ROLL CALL VOTE ON THE MOTION. 2. Confirmation Of Mayoral Appointment to the Consolidation Committee at Large Seat, Mr. Cort Neff. Recommended motion: Move to confirm the mayoral appointment of Mr. Cort Neff to an at large seat on the Consolidation Committee. Staff report – Acting Borough Clerk, Lina Cruz. Assembly discussion. ROLL CALL VOTE ON THE MOTION. 3. Borough Property Leasing Procedure. Staff Report – Borough Manager, Roxanne Murphy 15. CITIZENS' COMMENTS (three minutes per speaker) Watch meetings live, online at www.kodiakak.us Citizen Comment: 486-3231 or 855-492-9202 Listen on the radio at KMXT 100.1 FM Page 7 of 7 Read the phone numbers: Local is 907-486-3231; Toll Free is 1-855-492- 9202 Please ask speakers to: 1. Sign in and state their name for the record 2. Turn on the microphone before speaking 3. Address all remarks to the assembly as a body and not to any member thereof 4. If calling in – turn off any listening devices to prevent feedback 16. ASSEMBLY MEMBER COMMENTS MAYOR ROBERTS: There will be a joint work session with the School Board on March 24, 2022, at 6:30 p.m. in the School District Conference Room. The next Assembly work session is scheduled for Thursday, March 31, 2022, at 6:30 p.m. in Borough Assembly Chambers. The next regular meeting is scheduled for Thursday, April 7, 2022, at 6:30 p.m. in the Borough Assembly Chambers. Also don’t forget: The 2022 assessment roll for the Kodiak Island Borough has been completed and notices of assessed value were mailed to the record owners of all taxable property on March 1, 2022. If you are unsatisfied with the results of the review, you may file an appeal to the Board of Equalization. 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(D n O 7 (<D (D P- KODIAK ISLAND BOROUGH Meeting Type: kS em6y R&av6- fl9Lji*vj sh Date: ZZ Please PRINT your name legibly Please PRINT your name legibly View our website: www.kodiakak.us Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough Kodiak Island Borough Assembly Newsletter Vol. FY2022 Vol. 27 March 18, 2022 At Its Regular Meeting Of March 17, 2022, The Kodiak Island Borough Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On April 7, 202, At 6:30 p.m. In The Borough Assembly Chambers. ADOPTED Ordinance No. FY2022-15 Rezoning USS 444 TR A Lot A, From I-Industrial District To B- Business District (P&Z Case No. 22-009). ADOPTED Ordinance No. FY2022-12 Amending Kodiak Island Borough Code Section 3.35.030(A)(3) Regarding Required Tax Property Exemptions. ADOPTED Ordinance FY2022-13 Amending Kodiak Island Borough Code Section 18.50.010 Regarding Fees For Permits. AUTHORIZED The Borough Manager To Sign Contract No. FY2022-35 Harbor Infrastructure Memorandum Of Agreement With The City Of Kodiak For Portland Loo Project Development. APPROVED Resolution No. FY2022-24 Authorizing the Manager to Sign and Execute the Required Documentation with the United States Department of Agriculture (USDA), Rural Utility Services (RUS) for a Low Interest Loan in the Amount of $4,810,000.00 at a 1.75% interest rate for a term of 40 years. This loan is for the Design Engineering, Construction Administration, Construction and Contingency for both the Stage 3 Closure Project and the Leachate Pretreatment Facility Addition Project. APPROVED Resolution No. FY2022-26 Authorizing Acceptance Of A Kodiak Brown Bear Trust Small Grant Award Of $1000.00 For Safety Messaging And Education In Brown Bear Country. FAILED TO CONFIRM The Mayoral Appointment To The Prince William Sound Regional Citizens Advisory Council, Ms. Rebecca Skinner. CONFIRMED Mayoral Appointment to the Consolidation Committee at Large Seat, Mr. Cort Neff.