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2023-07-20 Regular MeetingKodiak Island Borough Assembly Regular Meeting Agenda Assembly Chambers Thursday, July 20, 2023, 6:30 p.m. This meeting is open to the public and will be broadcast on KMXT 100.1 FM and on the Borough's YouTube Channel. Meeting packets are available onlin e. Please subscribe to get meeting notifications when meeting 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 we 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 marked with an asterisk (*) are considered to be routine and non-controversial items by the Assembly and will be approved by one motion. 6. *APPROVAL OF MINUTES A. Regular Meeting of June 15, 2023 RM Minutes 5 - 13 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) Please call 1(907) 486-3231 or toll free 1(855) 492-9202 8. AWARDS AND PRESENTATIONS 9. COMMITTEE REPORTS 10. PUBLIC HEARING 11. BOROUGH MANAGER’S REPORT Page 0 of 244 A. Borough Manager's Report 2023-07-20 Borough Manager's Report 14 - 18 12. MESSAGES FROM THE BOROUGH MAYOR 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS A. Good Cause Determination For Late File Senior Citizen Or Disabled Veteran Exemption Applications Agenda Item Report - Pdf 19 - 22 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS 1. Contract No. FY2019-10U, Change Order No. 21, Authorization For Architectural And Engineering Services Term Contract for Design For The North Star Elementary School Roof & Skylight Replacement Project Agenda Item Report - Pdf 23 - 43 2. Contract No. FY2019-10V, Change Order No. 22, Authorization For Architectural And Engineering Services Term Contract For Design Of The East Elementary School Roof Replacement Project Agenda Item Report - Pdf 44 - 72 3. Contract No. FY2022-30E, Change Order No. 5, Authorization For The Landfill Stage 3 Closure Project With Brechan Construction LLC Agenda Item Report - Pdf 73 - 75 4. Contract No. FY2024-02 Provision Of Destination Marketing And Tourism Development Services With Discover Kodiak Contract FY2024-02 Discover Kodiak - Pdf 76 - 78 5. Contract No. FY2024-03 A Memorandum Of Agreement Between The State Of Alaska Department Of Transportation And Public Facilities And The Kodiak Island Borough For A Sargent Creek And Russian Creek Bridges Planning And Environmental Linkages (PEL) Study Agenda Item Report - Pdf 79 - 86 6. Contract No. FY2024-05 Memorandum Of Agreement Between Kodiak Island Borough And The Kodiak Island Borough School District To Redirect Money From Main 87 - 125 Page 1 of 244 Elementary Roof Project To Tremco Walking Patch Project And North Star Roof And Skylight Replacement Project Agenda Item Report - Pdf 7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and International Brotherhood of Electrical Workers Agenda Item Report - Pdf 126 - 214 14.B. RESOLUTIONS 1. Resolution No. FY2024-03 Allocating Fiscal Year 2024 Kodiak Island Borough Nonprofit Funding Resolution No. FY2024-03 Nonprofit Funding - Pdf 215 - 217 2. Resolution No. FY2024-04 Authorizing The Manager To Execute A Grant Agreement With The Department Of Commerce, Community, And Economic Development Legislative Grant For The Purpose of Repair And Replacement Of Playground Equipment At The Sargent Creek Park Agenda Item Report - Pdf 218 - 226 14.C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2023-18 Amending Kodiak Island Borough Code Title 1 General Provisions Chapter 1.20 General Penalty Section 1.20.050 Fine Schedule Setting Out Penalties In The Minor Offense Fine Schedule; And Amending Title 8 Health And Safety Chapter 8.20 Littering Section 8.20.010 Unlawful Acts Regarding Littering And Improper Disposal Of Waste Agenda Item Report - Pdf 227 - 233 14.D. OTHER ITEMS 1. Declaring A Retail Business Representative Seat Vacant On The Solid Waste Advisory Board (Mr. Robert Williams) Agenda Item Report - Pdf 234 - 236 2. Declaring A Seat Vacant On The Parks And Recreation Committee (Mr. Benjamin Vincent) Agenda Item Report - Pdf 237 - 239 3. Approval Of A Letter Of Support For The Cook Inlet Regional Citizens Advisory Council (CIRCAC) Recertification Application Agenda Item Report - Pdf 240 - 242 Page 2 of 244 15. CITIZENS' COMMENTS 16. ASSEMBLY MEMBERS’ COMMENTS 17. ADJOURNMENT 18. INFORMATIONAL MATERIALS A. Kodiak Island Borough School District Board Meeting Summaries of June 19, 2023, and June 26, 2023. School District Board Meeting Summaries 243 - 244 ___________________________________________________________________ This meeting is open to the public and will be broadcast on KMXT 100.1 FM and on the Borough's YouTube Channel. Meeting packets are available online. Please subscribe to get meeting notifications when meeting packets are published. For public comments, please call (907) 486-3231 or (855) 492-9202. Page 3 of 244 Kodiak Island Borough June 15, 2023 Assembly Regular Meeting Minutes Page 1 of 9 KODIAK ISLAND BOROUGH Assembly Regular Meeting June 15, 2023 A regular meeting of the Kodiak Island Borough Assembly was held on June 15, 2023, in the Assembly Chambers. The meeting was called to order at 6:30 p.m. Staff present were Borough Manager Aimee Williams, Finance Director Dora Cross, CDD Acting Director Seema Garoutte, E&F Director Dave Conrad, and Borough Clerk Nova M. Javier. 1. INVOCATION The invocation was given by Major David Davis of the Salvation Army. 2. PLEDGE OF ALLEGIANCE Mayor Arndt led the Pledge of Allegiance. 3. STATEMENT OF LAND ACKNOWLEDGEMENT We are gathered on the traditional homeland of the Sugpiaq/Alutiiq people, and we acknowledge the 10 tribes of the Kodiak Alutiiq Region. We recognize the Alutiiq culture that enriches our community to this day. 4. ROLL CALL Present were Mayor Scott Arndt, Assembly Members Joseph Delgado, Jared Griffin, Larry LeDoux, Ryan Sharratt, Scott Smiley, and James Turner. SMILEY moved to excuse Assembly Member Smith who is absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 5. APPROVAL OF AGENDA AND CONSENT AGENDA SMILEY moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. 6. *APPROVAL OF MINUTES (APPROVED UNDER CONSENT AGENDA) A. Special Meeting Minutes Of May 25, 2023, and June 8, 2023; and June 1, 2023, Regular Meeting Minutes 7. CITIZENS' COMMENTS Karl Hertz, Providence Kodiak Island Medical Center Chief Executive Officer spoke under citizens comments. 8. AWARDS AND PRESENTATIONS A. Proclamation Declaring Filipino American Heritage Month In Kodiak AGENDA ITEM #6.A. Regular Meeting of June 15, 2023 Page 5 of 243 Kodiak Island Borough June 15, 2023 Assembly Regular Meeting Minutes Page 2 of 9 The Mayor proclaimed the month of June Filipino American Heritage Month in Kodiak urging all citizens to participate in the festivities celebrating the rich heritage and traditions of the Philippine Islands. Kodiak Filipino-American Association President Mark Vizcocho received the proclamation. 9. COMMITTEE REPORTS Assembly member LeDoux gave an update on his attendance to the Kodiak College Council meeting. 10. PUBLIC HEARING A. Resolution No. FY2024-02 Re-Establishing The Fees Of The Kodiak Island Borough SMILEY moved to adopt Resolution No. FY2024-02. KIB Code 3.10.190 ordains that all fees be reviewed on an annual basis. Staff has compiled a list of recommended changes to the current fee schedule for fiscal year 2024 as shown on the attached exhibit. The last increase to the Asbestos Disposal Fee was in FY2010 increasing from $135/cy to $200/cy. Current rate of $200.00 minimum, $200/cy 20% increase = $240/cy 25% increase = $250/cy 50% increase = $300/cy SHARRATT moved to increase the asbestos disposal fee by 25% which equals to $250/cy. Mayor Arndt closed the regular meeting and opened the public hearing. Hearing and seeing none, Mayor Arndt closed the public hearing and reconvened the regular meeting. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: LeDoux, Sharratt, Smiley, Turner, Delgado, and Griffin. ROLL CALL VOTE ON THE MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY: Sharratt, Smiley, Turner, Delgado, Griffin, and LeDoux. B. Ordinance No. FY2023-02C An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Ordinance No. FY2023-02, Fiscal Year 2023 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures, And Moving Funds Between Projects SMILEY moved to adopt Ordinance No. FY2023-02C. AGENDA ITEM #6.A. Regular Meeting of June 15, 2023 Page 6 of 243 Kodiak Island Borough June 15, 2023 Assembly Regular Meeting Minutes Page 3 of 9 UPDATE 06/01/2023 Funding source for the Kodiak Island High School Roof Repair was changed from the General Fund to the Renewal & Replacement Fund. ORIGINAL This ordinance presents the net changes for additional funding requests which occurred during the current fiscal year for items or circumstances not known or expected during the initial creation of the FY2023 Budget. Funds Funds are accounts established to collect money that must be used for a specified purpose. The following funds are being changed with this budget amendment: Fund Transfer In/(Out) 469 Renewal & Replacement ($240,000) 220 Building & Grounds ($50,000) 250 Fire Protection Area No.1 ($100,000) 540 Hospital Facility $251,362 Projects (within Capital Project Funds) Since most projects cover multiple years, the Borough does not create annual budgets for them. Instead, each project budget is developed when the project is originated. Throughout the life of a project, funds will cycle in and out of the perspective budgets due to continuous changes with the scope of work, expenses that are over and under original estimates, or funds remaining at project completion. The projects being amended by this budget amendment are: Capital Project Fund Fund Name Increasing/(Decreasing) 469 Kodiak High School Roof Repairs $240,000 469 Kodiak High School Pool Evaluation $15,000 469 East Elementary Ceiling / Wall Fix in Gym $10,000 469 North Star Skylight & Roof Repairs $30,000 455 Bayside Classroom Addition $100,000 495 PKIMC Retaining Wall ($251,362) Mayor Arndt closed the regular meeting and opened the public hearing. Cort Neff spoke under public hearing. Mayor Arndt closed the public hearing and reconvened the regular meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Smiley, Turner, Delgado, Griffin, LeDoux, and Sharratt. AGENDA ITEM #6.A. Regular Meeting of June 15, 2023 Page 7 of 243 Kodiak Island Borough June 15, 2023 Assembly Regular Meeting Minutes Page 4 of 9 11. BOROUGH MANAGER’S REPORT Borough Manager Williams provided a manager’s report, and it was included in the meeting packet. 12. MESSAGES FROM THE BOROUGH MAYOR – None. 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS 1. Contract No. FY2023-28, Change Order No. 1, Authorization To Purchase An Available Chassis For A Bayside Fire Response Vehicle SMILEY moved to authorize the Borough Manager to award Contract FY2023- 28, Change Order No. 1, for a purchase of an available chassis for a Bayside Fire Response Vehicle from Rebel Strike, LLC at an increased amount of $14,000. The Kodiak Island Borough Fire Protection Area No. 1 Service Area (KIB FPA1) received permission to purchase a new fire response vehicle in November 2022. When the agreement was signed, there were no Ram 5500 chassis' available to build the vehicle. KIB FPA1 was notified in May 2023, that there was a chassis available, but it would be an increase of $14,000 to the cost of the vehicle build. This more costly chassis is a newer 2023 model which will replace the originally ordered 2022 vehicle. Due to the long wait times for the other chassis options, the FPA1 Service Area Board voted to Smiley moved forward with expending the extra money to receive the vehicle in a faster timeframe with stipulations included. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner, Delgado, Griffin, LeDoux, Sharratt, and Smiley. 2. Contract No. FY2023-50 Authorizing The Manager To Execute Contract With Convergint For The Kodiak Island Borough Lenel System Service And Maintenance SMILEY moved to authorize the Manager to execute Contract No. FY2023-50 with Convergint for the Kodiak Island Borough Lenel System Service and Maintenance for a five-year contract in the amount of $48,494. The Kodiak Island Borough's swipe card access units are on a system called the Lenel System. Kodiak Island Borough has 33 swipe card units. We have been using Convergint, formally known as ATS, for many years. Our last contract with Convergint was for five years from August 1, 2018, to July 31, 2023. As we are approaching the expiration of this contract, we are asking to renew Convergint's contract for our Lenel System for an additional five years from August 1, 2023, to July 31, 2028. The routine service and maintenance are needed to keep the system operating correctly. AGENDA ITEM #6.A. Regular Meeting of June 15, 2023 Page 8 of 243 Kodiak Island Borough June 15, 2023 Assembly Regular Meeting Minutes Page 5 of 9 The previous five-year contract was for a total of $39,248. The proposed five- year contract is for a total of $48,494. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Delgado, Griffin, LeDoux, Sharratt, Smiley, and Turner. 14.B. RESOLUTIONS – None. 14.C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2024-03 Rezoning Lot 26A, U.S. Survey 3098 From R1-Single Family Residential District To B-Business District SMILEY moved to advance Ordinance No. FY2024-03 to public hearing at the next regular meeting of the Assembly. At the Planning and Zoning Commission regular meeting on April 19, 2023, the Commission voted to deny the applicant this rezone and not bring it forward to the Assembly. However, the applicant has asked that the Assembly hear this case and rezone 110 Bancroft from R1-Residential Single-Family District to B- Business District despite the Commission’s decision. Included in your packet are all the files supplied to the P & Z Commission- the Rezone application, the applicant’s notification letter, the public hearing notices and mailing list that went out, the public hearing notice that the applicant posted, 4 public hearing responses from the public, the staff report, the denial letter with findings of fact and the April minutes from the meeting. Additionally, the applicant asserts that the Commission failed to take some important information into consideration. The list of potential reasons for adopting the rezone from the applicant, a supplemental staff report and the ordinance, if the Assembly approves the rezone, are also included in your packet. History: • In 2017 the applicant applied for this same rezone. It was approved by the P&Z Commission but denied by the Assembly. • In 2019, the applicant again applied for the same rezone. It was denied by the P&Z Commission and did not go before the Assembly. • At the site inspection for this case, staff noticed the use for the property did not appear to be in zoning compliance for the current R1 zone and issued a Zoning Compliance notification letter on April 23, 2023, after the Commission denied the rezone. A copy of that letter is included in your packet. Staff believes that the Commission's recommendation for denying the rezone are valid and asks that the Assembly to postpone this request indefinitely or deny the applicant and provide additional findings of facts if they believe the Commissions are not sufficient. AGENDA ITEM #6.A. Regular Meeting of June 15, 2023 Page 9 of 243 Kodiak Island Borough June 15, 2023 Assembly Regular Meeting Minutes Page 6 of 9 If the Assembly hears this case and decides to approve the rezone, findings of facts for the approval will need to be provided at the public hearing. ROLL CALL VOTE ON THE MOTION FAILED UNANIMOUSLY: Griffin, LeDoux, Sharratt, Smiley, Turner, and Delgado. 14.D. OTHER ITEMS 1. Confirmation Of Mayoral Appointment To The Parks and Recreation Committee Of Mr. James Arneson SMILEY moved to confirm the Mayoral appointment of Mr. James Arneson to the Parks and Recreation Committee for a term to expire December 31, 2024. An application was received from Mr. James Arneson on June 1, 2023. There are currently two vacant seats on the Parks and Recreation Committee and this appointment will place Mr. Arneson on a vacant seat to expire December 31, 2024. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: LeDoux, Sharratt, Smiley, Turner, Delgado, and Griffin. 2. Authorization To Cancel The June 29, 2023, Work Session And July 6, 2023, Regular Meeting SMILEY moved to cancel the June 29, 2023, work session and July 6, 2023, regular meeting, and authorize the Borough Manager to schedule a special meeting as necessary. The Assembly adopted Resolution No. FY2023-16 on November 3, 2022, approving the Assembly meeting calendar for the year 2023. Section 2 of the Resolution allows the assembly to cancel meetings by motion. ROLL CALL VOTE ON THE MOTION CARRIED WITH FOUR AYES AND TWO NOES: Sharratt, Smiley, Griffin, and LeDoux (Ayes); Delgado and Turner (Noes). 3. Mayoral Appointment Of Assembly Member Representatives To The Health Facilities Advisory Board And Architectural And Engineering Review Board SMILEY moved to appoint Assembly Member James Turner to the Health Facilities Advisory Board and Assembly member Ryan Sharratt to the Architectural and Engineering Review Board. Mayor Arndt, as an Assembly member, held seats on the Health Facilities Advisory Board (HFAB) and Engineering Review Board (ARB). With his recent appointment as the Mayor, he would like to appoint Assembly member Turner and Sharratt as his replacement to these boards. AGENDA ITEM #6.A. Regular Meeting of June 15, 2023 Page 10 of 243 Kodiak Island Borough June 15, 2023 Assembly Regular Meeting Minutes Page 7 of 9 These appointments are made in accordance with Resolution No. FY2023-20 which requires Assembly members to seat on the HFAB, and KIBC 2.125.030 which requires Assembly members to seat on the ARB Board. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smiley, Turner, Delgado, Griffin, LeDoux, and Sharratt. 4. Funding The Reimbursement Of Providence Kodiak Island Medical Center For The Predesign Services And Schematic Level Design For The Air Handler Unit At The Kodiak Hospital Facility SMILEY moved to authorize the manager to fund and reimburse Providence Kodiak Island Medical Center for the predesign services and schematic level design of the air handler unit at the hospital facility. Providence was cited by the Joint Commission for the lack of proper air flow and air exchanges in various rooms during past inspection cycles. As neither Providence or the Kodiak Island Borough worked to correct these deficiencies, either together or separately, the citations were moved to a higher priority category for immediate correction. This reimbursement for funding is for the pre- construction services and schematic level design specific to the requirements to rebuild the main Air Handler Unit which will ensure compliance to all spaces with the proper sizing and installation of a new fan wall. This work is to be funded by Providence initially to expedite the design with a firm that is under contract with Providence. The work is for a not to exceed the amount of $25,000.00. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner, Delgado, Griffin, LeDoux, Sharratt, and Smiley. 15. CITIZENS' COMMENTS The following spoke under citizen’s comments: • Aimee Williams 16. ASSEMBLY MEMBERS’ COMMENTS • Assembly member Turner had no comments. • Assembly member Delgado was glad to see the appointments to the different boards. He said he was excited to work with newly appointed Assembly member Sharratt. He thanked the staff members for their hard work. • Assembly member Griffin also thanked staff, Manager Williams, and Clerk Nova Javier. • Assembly member Sharratt was glad to see the proclamation declaring Filipino American Heritage Month in Kodiak. He also thanked staff for the job they do. • Assembly member Smiley had no comments. • Assembly member LeDoux would like to see the Borough work with the City of Kodiak regarding a boat ramp at the Ramp Site. He would like the Borough to discuss emergency response at the next Joint Work Session. He appreciated CDD Acting Director Garoutte’s presentation and the attention E&F Director Conrad give to the schools. AGENDA ITEM #6.A. Regular Meeting of June 15, 2023 Page 11 of 243 Kodiak Island Borough June 15, 2023 Assembly Regular Meeting Minutes Page 8 of 9 • Mayor Arndt announced that the next Assembly work session is scheduled on Thursday, July 13, 2023, at 6:30 p.m. in the Borough Assembly Chambers. The next regular meeting is scheduled on Thursday, July 20, 2023, at 6:30 p.m. in the Borough Assembly Chambers. The Borough offices will be closed on Monday, June 19, 2023, in observance of Juneteenth Holiday. He also wished everyone a Happy Fourth Of July Holiday. 17. EXECUTIVE SESSION 1. Discussion Of Matters Involving Union Negotiations With The IBEW SMILEY moved to convene into executive session to discuss matters involving negotiations with the IBEW under the authority of KIBC 2.30.030(F)(1)(D) for the purpose of confidential communications with, and providing direction to, the Borough's representative regarding negotiations with the IBEW. This executive session was for the purpose of confidential communications with and providing direction to the Borough's representative regarding labor negotiations with the IBEW. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Delgado, Griffin, LeDoux, Sharratt, Smiley, and Turner. SMILEY moved to invite the Mayor, Assembly Members, Borough Manager Aimee Williams, Engineering and Facilities Director Dave Conrad, Finance Director Dora Cross, and Borough Clerk Nova Javier into executive session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. After the vote, Mayor Arndt recessed the regular meeting and convened into executive session at 7:49 p.m. He reconvened the regular meeting at 7:53 p.m. and announced that direction was given to the Borough Manager on how to proceed with the negotiation process. 2. Discussion Of Matters Involving A Current Staff Member's Compensation SMILEY moved to convene into executive session under the authority of KIBC 2.30.030(F)(1)(G) for the purpose of discussing confidential personnel matters regarding a compensation of a current staff member. This executive session was for the purpose of confidential personnel related communications with and providing direction to the Borough Manager regarding compensation of a current staff member. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin, LeDoux, Sharratt, Smiley, Turner, and Delgado. SMILEY moved to invite the Mayor, Assembly Members and Borough Manager Aimee Williams into executive session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. AGENDA ITEM #6.A. Regular Meeting of June 15, 2023 Page 12 of 243 Kodiak Island Borough June 15, 2023 Assembly Regular Meeting Minutes Page 9 of 9 After the vote, Mayor Arndt recessed the regular meeting and convened into executive session at 8:36 p.m. He reconvened the regular meeting at 9:03 p.m. and announced that direction was given to the Manager on how to address the compensation of the current staff member. 3. Borough Clerk's Performance Evaluation SMILEY moved to convene into executive session under the Authority of KIBC. 2.30.030 (F)(1)(C) to discuss the Borough Clerk Performance Evaluation, a matter which might include a discussion that could potentially prejudice her reputation and character. Contract No. FY2022-40, Section 10 Evaluations, states that the Clerk shall receive a full performance review annually on or prior to the contract anniversary date. The clerk was hired on June 17, 2022. The Borough Clerk has been advised of the executive session and her right to request public discussion. She does not object to the evaluation being done in executive session. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: LeDoux, Sharratt, Smiley, Turner, Delgado, and Griffin. SMILEY moved to invite the Mayor and Assembly Members into executive session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. After the vote, Mayor Arndt recessed the regular meeting and convened into executive session at 9:05 p.m. He reconvened the regular meeting at 9:04 p.m. SMILEY moved to increase the salary of the Borough Clerk to $149,971.50 effective January 1, 2023. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: LeDoux, Sharratt, Smiley, Turner, Delgado, and Griffin. 18. ADJOURNMENT SMILEY moved to adjourn the meeting at 9:15 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. KODIAK ISLAND BOROUGH ATTEST: Scott Arndt, Borough Mayor Nova M. Javier, Borough Clerk AGENDA ITEM #6.A. Regular Meeting of June 15, 2023 Page 13 of 243 1 Kodiak Island Borough OFFICE of the MANAGER 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9301 TO: Kodiak Island Borough Assembly FROM: Aimee Williams RE: Managers Report, July 20, 2023 Manager’s Department Union Negotiations – IBEW members met for a second ratification vote on Wednesday, July 20, 2023. The results of the vote were 11 to accept and 11 to reject. The result is a vote to reject. We will continue the negotiations. Public Reception – Representative Stutes has invited the community to a reception on August 8, 2023, from 4:30-6:30PM at that NOAA Fish Tech building. She has invited a small group of state legislators and senators to come to Kodiak to learn more about our region and this will be a good opportunity for them to learn about Kodiak’s unique needs. Bayside Fire Chief – Chief Ellis arrived yesterday via AMHS. He has started the move into the apartment at the station and started work this morning. His family is due to arrive early next week. Landfill - Toured Leachate Treatment Plant with Carl Royall. Learned the 10,000ft view of what happens at the landfill with regards to leachate. Toured the Bailer facility to learn about how trash is delivered and how it is packaged up to be placed in the landfill. Federal Lobbyist – Working with Sebastian O’Kelly on helping with the deed restriction on the land that the old mental health buildings are standing on. He has given all of the necessary information to Senator Murkowski’s staff, and we are now waiting for a response. Alaska Airlines – Met with the new regional representative for Kodiak, Emily Accipiter Stewart, about needs that KIB might have of Alaska Airlines. AGENDA ITEM #11.A. Borough Manager's Report Page 14 of 243 2 North Star Window & Siding Replacement Project Trench Box Outside of LTP Engineering and Facilities – KFRC Discharge Permit – Mixing Zone information has been provided to the ADEC for review, comment, and inclusion for the issuance of the required APDES Permit. Mixing Zone Characterization has been completed and reviewed. Preparing to be sent to ADEC for review and comment for permit application. KIB is striving to avoid an assignment of penalty as the final steps are completed to be compliant. KFRC – Met with Long Technologies to discuss a review and proposal for the Direct Digital Controls and monitoring at this facility. Long has been the primary vendor in the past and is likely most familiar with the Bac-net software integration. Smoke damper repairs are completed. KIB staff to complete inspection door installation. Discovering issues with fire alarm interface and bad or old relays in the system. HVAC may require balancing after these repairs are completed. Swimming Pool – Proposal for assistance for scope development and services during construction is scheduled for review at a future meeting. E/F has received proposal from WSI (Pool Evaluator). Appears very expensive and the proposal is being reviewed and discussed. KIBSD – • Peterson Elementary –Still awaiting product availability and delivery information. KIB must soon decide if any work will be allowed due to the lack of information from the contractor. Awaiting delivery information for Carlisle Roofing products. Friend Contractors can propose a schedule once delivery information is known. AGENDA ITEM #11.A. Borough Manager's Report Page 15 of 243 3 • North Star Windows & Siding Phase 2 – Contractor has installed all the windows on the rear of the facility. After discussion with E/F Staff, contractor has moved to the front face of the building to replace the windows and siding that residents will see when approaching the school. Demolition and installation are continuing. • Kodiak High School Roof Repairs – Rain Proof Roofing is nearing completion. A verbal authorization has been given for a walk around inspection and repair of any additional small holes found in the membrane. Repair will continue as weather allows. • East Roof Proposal Package – Design and project bid package being discussed and schedule for a vote tonight. • North Star Roof Replacement and Skylight Replacement – Design and project bid package being discussed and schedule for a vote tonight. • Karluk and Larsen Bay – Scheduling promised repairs. Awaiting Larsen Bay to sign agreement. Leachate Treatment Plant – Work on the addition continues. Specific discussion is being conducted as associated with the painting requirements. Mechanical Contractor is installing exhaust and ventilation fans. Subcontractor work will be delayed until the paint conversation and painting are complete. Concrete surface defect repair material has been approved. Stage 3 Closure – Contractor is finalizing the small project list remaining for this job. On site inspection has been scheduled for July 25th with the ADEC Loan department representative. Final change order associated with rock production scheduled for a vote tonight. Bayside Classroom Addition – Architect has answered questions posed by the board. Awaiting board meeting to obtain needed answers for architects / engineers to continue. Health and Facilities Advisory Board – A request will be made for the members to participate in the August 7 -11 Health Care Facility Evaluation. PKIMC – Providence is participating with the questions and preparing for the August 7-11 site visit and discussions related to the health care facility and requirement discussions. Borough Building – Boilers and generator have been removed. Electrical outage was conducted on July 15th to allow electricians to shift main power feeds to new panel boxes. Electrical changes require completion prior to installation of the new boilers. Anticipate a focus on the electric boiler due to the location in the room and less work to install and start to provide heat and hot water to the facility. There have been issues securing the water service to the building. Solid Waste Contract – Staff has met with Alaska Waste associated with changing the contract definitions associated with clarification and closing the interpretational issues with current language. An additional meeting has been set for one month to review progress. KFRC Touch Tank – Facility has been opened Thursdays and Fridays from 11:00 to 4:30 pm weekly for the summer months. Accommodating cruise ships that are making previous arrangements. AGENDA ITEM #11.A. Borough Manager's Report Page 16 of 243 4 Finance Department/ IT - FY2024 Budget –Staff is continuing to work on producing the budget book to submit to the GFOA (Government Finance Officers Association) Budget Award Program. This submission is a KIB code requirement per 3.05.060. TY2023 Real & Personal Property Taxes – The 2023 tax statements were mailed July 1st. Two payment options are available: full payment on October 16th, or half-payments which are due in equal payments on August 15th and November 15th. PATS Software – Property Assessment and Taxation Software – Notice of Intent to Award has been sent. The Assembly will be reviewing this contract in August. IT – • The Windows 11 upgrades are 80% finished and should be completed by the end of this month • Evaluating connectivity upgrades for KIB satellite facilities (Landfill, Bayside, Women’s Bay) • GIS is cleaning up data and publishing updated information to the GIS Website. There is a new Lands Viewer that is faster. • Full shutdown and start up of data center due to boiler upgrades. • Started meetings with different departments to better gauge how they can meet stakeholder needs Assessing Department – Exemptions – Assessing staff continues to work on the requests for business / non-profit tax exemptions. There is a backlog on these requests. Tax Roll – There are as many as forty $150,000 exemptions from either seniors or disabled veterans that might still be granted. This would result in a possibility of $6,000,000 less of taxable value if there are additional appeals or eligibility changes occur. Assessing processed 18 supplements for SC/DV eligibility as of July 10, 2023. Field work – Assessing continues FY2024 field work in Service District 1. Assessing has ordered postcards to be mailed to property owners in SD1 to notify of Assessing field work. We will begin mailing notice via these postcards annually to whichever district we are in. Certified Roll Website information- In the process of working the software company to produce required annual reports. The current issue to being able to update the certified roll portion of the website with the current 2023 information. We are in contact with the company and have a plan to be able to access this type of information in the future. Up Next - Commercial modeling & depreciation, mobile home depreciation tables, and land valuation will be reviewed this year. AGENDA ITEM #11.A. Borough Manager's Report Page 17 of 243 5 Community Development – Planning and Zoning – Planning and Zoning Commission had its regular meeting July 19, 2023. Parks and Recreation – First meeting, after a 2 ½ year break, will be on July 25. Quarterly meeting schedules will be discussed, as well as By-laws updated/created at this meeting. Staffing – Community Development is excited to hear that the director job has been accepted. Capital Improvement Projects – Villages have been notified about getting their CIP together so that they can provide us with projects that have been vetted by either tribe or village board approval. CIP lists aren’t due to CDD until August. CDD appreciates all the Assembly’s help in contacting Villages and asking them to participate. AGENDA ITEM #11.A. Borough Manager's Report Page 18 of 243 KODIAK ISLAND BOROUGH STAFF REPORT JULY 20, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT:Good Cause Determination For Late File Senior Citizen Or Disabled Veteran Exemption Applications ORIGINATOR:Seema Garoutte, Assessor/Interim CDD Director RECOMMENDATION: Move that the Assembly finds that (Senior Citizen name or Disabled Veteran name) has presented good cause under KIBC 3.35.030 (D) for (his/her) failure to timely file an application for (Senior Citizen or Disabled Veteran) exemption, and that the Assessor is directed to accept the application as timely filed for the property located at (fill in the address). Clerks Note:A yes vote will approve the application. OR Move that the Assembly finds that (applicant's name) has failed to present good cause under KIBC 3.35.030 (D) for (his/her) failure to timely file an application for (Senior Citizen or Disabled Veteran) Exemption, and that the Assessor is directed to reject the application as not timely filed for the property located at (fill in the address). Clerks Note:A yes vote will deny the application. DISCUSSION: Senior Exemption Good Cause Determination for the following: Michael Dolph, 326 Plover Way, Kodiak, AK 99615 Rebecca Dawn, NHN Spruce Island, Ouzinkie, AK 99644 Bernadette Deplazes, 522 Leta Street, Kodiak, AK 99615 Walter Sargent 1830 Mission Road, Kodiak, AK 99615 Disabled Veteran Exemption Good Cause Determination for the following: Robert Bushell, 1626 Sawmill Circle, Kodiak, AK 99615 Robert Coyle, 12758 S Russian Creek Road, Kodiak, AK 99615 ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: KIBC 3.35.030 Real and personal property exempted from taxation. D. In the event that a claimant fails to apply for a senior exemption as provided by AS 29.45.030(e) by January 15th of the assessment year for which the exemption is sought, the borough assembly for good cause shown may waive the claimant’s failure to make timely application for the exemption for that year and if the assembly finds good cause for the failure to make a timely filing the borough assessor shall accept the application, as if timely filed, subject to the provisions contained in AS 29.45.030(e). A waiver may only be granted for the year in which an application is filed. A delay in filing an AGENDA ITEM #13.A. Good Cause Determination For Late File Senior Citizen Or Disabled Vetera...Page 19 of 243 KODIAK ISLAND BOROUGH STAFF REPORT JULY 20, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough application shall be presumed to lack good cause for the delay and may be denied unless the assembly finds good cause for the delay as defined in subsection (D)(2) of this section. Good cause” shall mean extraordinary circumstances beyond the control of the applicant, including but not limited to a medical condition or disability, impaired mental capacity, family emergency, death in the family, or similar serious condition or event that substantially impaired the applicant’s ability to file a timely application. “Good cause” shall not mean late filing due to the applicant’s inadvertence, oversight, or lack of knowledge regarding the filing requirements or deadline, financial hardship, or failure to pick up or read mail or to make arrangements for an appropriate and responsible person to pick AGENDA ITEM #13.A. Good Cause Determination For Late File Senior Citizen Or Disabled Vetera...Page 20 of 243 AS 29.45.030. Required Exemptions. (e) The real property owned and occupied as the primary residence and permanent place of abode by a (1) resident 65 years of age or older; (2) disabled veteran; or (3) resident at least 60 years old who is the widow or widower of a person who qualified for an exemption under (1) or (2) of this subsection, is exempt from taxation on the first $150,000 of the assessed value of the real property. A municipality may, in case of hardship, provide for exemption beyond the first $150,000 of assessed value in accordance with regulations of the department. Only one exemption may be granted for the same property and, if two or more persons are eligible for an exemption for the same property, the parties shall decide between or among themselves who is to receive the benefit of the exemption. Real property may not be exempted under this subsection if the assessor determines, after notice and hearing to the parties, that the property was conveyed to the applicant primarily for the purpose of obtaining the exemption. The determination of the assessor may be appealed under AS 44.62.560 - 44.62.570. (f) To be eligible for an exemption under (e) of this section for a year, a municipality may by ordinance require that an individual also meet requirements under one of the following paragraphs: (1) the individual shall be eligible for a permanent fund dividend under AS 43.23.005 for that same year or for the immediately preceding year; or (2) if the individual has not applied or does not apply for one or both of the permanent fund dividends, the individual would have been eligible for one of the permanent fund dividends identified in (1) of this subsection had the individual applied. An exemption may not be granted under (e) of this section except upon written application for the exemption. Each municipality shall, by ordinance, establish procedures and deadlines for filing the application. The governing body of the municipality for good cause shown may waive the claimant's failure to make timely application for exemption and authorize the assessor to accept the application as if timely filed. If an application is filed within the required time and is approved by the assessor, the assessor shall allow an exemption in accordance with the provisions of (e) of this section. If the application for exemption is approved after taxes have been paid, the amount of tax that the claimant has already paid for the property exempted shall be refunded to the claimant. The assessor shall require proof in the form the assessor considers necessary of the right to and amount of an exemption claimed under (e) of this section, and shall require a disabled veteran claiming an exemption under (e) of this section to provide evidence of the disability rating. The assessor may require proof under this subsection at any time. AGENDA ITEM #13.A. Good Cause Determination For Late File Senior Citizen Or Disabled Vetera...Page 21 of 243 KIBC 3.35.030 Real and personal property exempted from taxation. D. In the event that a claimant fails to apply for a senior exemption as provided by AS 29.45.030(e) by January 15th of the assessment year for which the exemption is sought, the borough assessor for good cause shown may waive the claimant’s failure to make timely application for the exemption for that year and shall accept the application, as if timely filed, subject to the provisions contained in AS 29.45.030(e). 1. A waiver may only be granted for the year in which an application is filed. 2. “Good cause” shall mean extraordinary circumstances beyond the control of the applicant, including but not limited to a medical condition or disability, impaired mental capacity, family emergency, death in the family, or similar serious condition or event that substantially impaired the applicant’s ability to file a timely application. “Good cause” shall not mean late filing due to the applicant’s inadvertence, oversight, or lack of knowledge regarding the filing requirements or deadline, financial hardship or failure to pick up or read mail or to make arrangements for an appropriate and responsible person to pick up or read mail. AGENDA ITEM #13.A. Good Cause Determination For Late File Senior Citizen Or Disabled Vetera...Page 22 of 243 KODIAK ISLAND BOROUGH STAFF REPORT JULY 20, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Contract No. FY2019-10U, Change Order No. 21, Authorization For Architectural And Engineering Services Term Contract for Design For The North Star Elementary School Roof & Skylight Replacement Project ORIGINATOR: Dave Conrad, E&F Director/Admin Official RECOMMENDATION: Move to authorize the Manager to approve Contract No. FY2019-20U, Change Order No. 21, authorization for architectural and engineering services term contract for Design of the North Star Elementary School Roof & Skylight Replacement Project in an amount not to exceed $99,423.00. DISCUSSION: This is a change order to the Borough's current term contract with Jensen Yorba Wall (JYW) to include 100% construction documents, bidding and construction administration design services for the North Star Elementary Roof and Skylight Replacement Project. The existing roof and skylight have had severe leaking issues that have worsened over the past year. This change order is to complete 100% design for a complete roof and skylight replacement. Completing this design work would help have a "shovel ready" project and provide a greater chance of receiving some State reimbursement for construction or infrastructure money available from the federal government. The goal is to complete the design work this summer and fall to have a "shovel ready" project by the end of the year. ALTERNATIVES: Take no action or do not approve the change order. FISCAL IMPACT: This design work will be funded by Buildings and Grounds, utilize funds to be designated from KIBSD or another funding source from within the current fiscal year budget. OTHER INFORMATION: AGENDA ITEM #14.A.1. Contract No. FY2019-10U, Change Order No. 21, Authorization For Architec...Page 23 of 243 Revised 09/19 Page 1 of 1 KODIAK ISLAND BOROUGH 710 MILL BAY ROAD KODIAK, ALASKA 99615 CONTRACT CHANGE ORDER Project Name: Project Number: North Star Elem. Roof & Skylight Replacement 469-614-452-140.23002.4 Contractor: Jensen Yorba Wall, Inc. Contract No.: 2019-10U Change Order No.: 21 Original Project Budget: $ 99,423.00 Original Contract: $ 0.00 Previous Budget Changes: $ 0.00 Previous Changes: $ 69,074.00 Adjusted Project Budget: $ 99,423.00 This Change: $ 99,423.00 To-Date Project Expenses: $ 0.00 % of Original Contract <11% To-Date Project Encumbrances: $ 0.00 Adjusted Contract ALL 2019-10: $ 903,498.00 Current Remaining Budget: $ 99,423.00 Description of Change Cost Provide 100% Construction Documents, Bidding and Construction Administration design services related to the proposal dated June 20, 2023. Presentations to the ARB Board and other stakeholders at 95% phase completion. $ 99,423.00 The time provided for completion of the contract is (☒ unchanged) (☐increased) (☐decreased) by 0 calendar days. This document shall become an amendment to the contract and all provisions of the contract will apply thereto. Per Borough Code 3.30.100, a change order that does not exceed five percent of the original contract amount or $50,000, whichever is lower, requires approval by the mayor and deputy presiding officer, the mayor and one assembly member in the absence of the deputy presiding office, or the deputy presiding officer and one assembly member in the absence of the mayor. Change orders greater than five percent of approved contract amount or $50,000, whichever is lower, require assembly approval . Accepted By: ______________________________________________________________________________ Date: __________ Contractor’s Representative Recommended: _____________________________ Date: _________ ______________________________ Date: __________ Engineering/Facilities Director Finance Director Approved By: ______________________________ Date: _________ Attest: _________________________ Date: _________ Borough Manager Borough Clerk Mayor and Deputy Presiding Officer Approval (does not exceed five percent of the original contract amount or $50,000, whichever is lower) Approved By: ______________________________ Date: _________ ______________________________ Date: __________ Borough Mayor Deputy Presiding Officer Borough Assembly Approval (greater than five percent of approved contract amount or $50,000, whichever is lower) Approved By: ______________________________ Date: _________ Attest: ________________________ Date: __________ Borough Manager Borough Clerk UPDATED AGENDA ITEM #14.A.1. Contract No. FY2019-10U, Change Order No. 21, Authorization For Architec...Page 24 of 243 DESIGN SERVICES PROPOSAL SUMMARY Project: KIBSD North Star Elementary Roof & Skylight Replacement JYW Project No.: SERVICES FEE TYPE EXPENSES TAX TOTAL Pre-Design $0 Lump sum $0 $0 $0 Site Analysis $0 Lump sum $0 $0 $0 Schematic Design $15,020 Lump sum $0 $0 $15,020 Design Development $30,099 Lump sum $0 $0 $30,099 Construction Documents $22,148 Lump sum $0 $0 $22,148 Bidding $3,578 Time & Expense $0 $0 $3,578 Construction Administration $25,058 Time & Expense $3,520 $0 $28,578 Construction Observations $0 TBD $0 $0 $0 TOTAL $99,423 23029 F:\23029 North Star\0 Scope & Fee\North Star Roof Replacement.xlsxSUM 3 7/18/2023 UPDATED INFORMATION AGENDA ITEM #14.A.1.Contract No. FY2019-10U, Change Order No. 21, Authorization For Architec...Page 25 of 243 DESIGN SERVICES PROPOSAL SCHEMATIC DESIGN SERVICES Project:KIBSD North Star Elementary Roof & Skylight Replacement JYW Project No.: Exec A Cler A ACC STAFF:PMgr A-III A-II A-I Int III Int II ID-III ID-II ID-I CM-III CM-II CM-I D-II D-I EA CA A TOTAL $186 $147 $131 $115 $100 $90 $153 $121 $90 $153 $131 $100 $104 $90 $84 $42 $85 ARCHITECTURE: Project Management 8 Research / Archives 6 6 Site Visit 4 Schematic Design Dwgs 16 14 16 Project Narrative 6 4 Meetings 4 Coordination 2 Quality Control 2 2 Presentations 2 Submittal 2 Subtotal Hours 52 0 0 0 0 0 0 0 0 20 0 0 22 0 0 0 0 94 Subtotal Dollars $9,672 0 0 0 0 0 0 0 0 3,060 0 0 2,288 0 0 0 0 $15,020 CONSULTANTS: Civil Engineering Structural Engineering Mechanical Engineering Electrical Engineering Hazardous Materials Investigation Landscape Architecture Subtotal $0 Overhead/Profit 10%$0 Consultants Total Labor $0 Subtotal Schematic Design Services LABOR $15,020 Subtotal Schematic Design Services REIMBURSABLES (see attached)$0TOTAL SCHEMATIC DESIGN SERVICES FEE $15,020 23029 Cost Estimating Architect Construction Manage.DrafterInterior Design North Star Roof Replacement.xlsx-30 SD 8 7/18/2023 AGENDA ITEM #14.A.1.Contract No. FY2019-10U, Change Order No. 21, Authorization For Architec...Page 26 of 243 DESIGN SERVICES PROPOSAL DESIGN DEVELOPMENT DESIGN SERVICES Project:KIBSD North Star Elementary Roof & Skylight Replacement JYW Project No.: Exec A Cler A ACC STAFF:PMgr A-III A-II A-I Int III Int II ID-III ID-II ID-I CM-III CM-II CM-I D-II D-I EA CA A TOTAL $186 $147 $131 $115 $100 $90 $153 $121 $90 $153 $131 $100 $104 $90 $84 $42 $85 ARCHITECTURE: Project Management 6 Research / Archives 2 4 Code Analysis 6 Design Development Dwgs Cover / Site Plan 2 4 Plans 4 8 Sections / Elevations 8 16 Details 24 24 Outline Specifications 6 Cost Estimate Coordination 0 Meetings / Presentations 2 Quality Control 2 Submittal 2 Subtotal Hours 64 0 0 0 0 0 0 0 0 0 0 0 56 0 0 0 0 120 Subtotal Dollars $11,904 0 0 0 0 0 0 0 0 0 0 0 5,824 0 0 0 0 $17,728 CONSULTANTS: Civil Engineering Structural Engineering Mechanical Engineering Electrical Engineering Hazardous Materials Engineering Landscape Architecture $11,246 Subtotal $11,246 Overhead/Profit 10%$1,125 Consultants Total Labor $12,371 Subtotal Construction Document Services LABOR $30,099 Subtotal Construction Document Services REIMBURSABLES (see attached)$0 TOTAL DESIGN DEVELOPMENT SERVICES FEE $30,099 Cost Estimating Interior Design 23029 Architect Construction Manage.Drafter North Star Roof Replacement.xlsx-40 DD 9 7/18/2023 AGENDA ITEM #14.A.1.Contract No. FY2019-10U, Change Order No. 21, Authorization For Architec...Page 27 of 243 DESIGN SERVICES PROPOSAL CONSTRUCTION DOCUMENTS SERVICES Project:KIBSD North Star Elementary Roof & Skylight Replacement JYW Project No.: Exec A Cler A ACC STAFF:PMgr A-III A-II A-I Int III Int II ID-III ID-II ID-I CM-III CM-II CM-I D-II D-I EA CA A TOTAL $186 $147 $131 $115 $100 $90 $153 $121 $90 $153 $131 $100 $104 $90 $84 $42 $85 ARCHITECTURE: Project Management 6 Research / Archives Code Analysis 4 Construction Doc Dwgs Cover / Site Plan 2 4 Plans 12 12 Sections / Elevations 12 12 Details 24 24 Specifications 24 Cost Estimate Coordination 0 Meetings / Presentations 2 Quality Control 2 Submittal 2 Subtotal Hours 90 0 0 0 0 0 0 0 0 0 0 0 52 0 0 0 0 142 Subtotal Dollars $16,740 0 0 0 0 0 0 0 0 0 0 0 5,408 0 0 0 0 $22,148 CONSULTANTS: Civil Engineering Structural Engineering Mechanical Engineering Electrical Engineering Hazardous Materials Engineering Landscape Architecture Subtotal $0 Overhead/Profit 10%$0 Consultants Total Labor $0 Subtotal Design Development Services LABOR $22,148 Subtotal Design Development Services REIMBURSABLES (see attached)$0 TOTAL CONSTRUCTION DOCUMENTS SERVICES FEE $22,148 Cost Estimating 23029 Architect Interior Design Construction Manage.Drafter North Star Roof Replacement.xlsx-50 CD 10 7/18/2023 AGENDA ITEM #14.A.1.Contract No. FY2019-10U, Change Order No. 21, Authorization For Architec...Page 28 of 243 DESIGN SERVICES PROPOSAL BIDDING AND NEGOTIATION SERVICES Project:KIBSD North Star Elementary Roof & Skylight Replacement JYW Project No.: Exec A Cler A ACC STAFF:PMgr A-III A-II A-I Int III Int II ID-III ID-II ID-I CM-III CM-II CM-I D-II D-I EA CA A TOTAL $186 $147 $131 $115 $100 $90 $153 $121 $90 $153 $131 $100 $104 $90 $84 $42 $85 ARCHITECTURE: Project Management 4 Disc Coor/Doc Review Agency Consul/Rev Schedule Dev/Monitoring Pre Bid Meeting 2 2 Bidding Materials Addenda 6 10 Bidding/Negotiation Analysis of Alts/Subs Special Bidding Bid Evaluation Construction Contract Subtotal Hours 12 0 0 0 0 0 0 0 0 2 0 0 10 0 0 0 0 24 Subtotal Dollars $2,232 0 0 0 0 0 0 0 0 306 0 0 1,040 0 0 0 0 $3,578 CONSULTANTS: Civil Engineering Structural Engineering Mechanical Engineering Electrical Engineering Hazardous Materials Engineering Landscape Architecture Subtotal $0 Overhead/Profit 10%$0 Consultants Total Labor $0 Subtotal Bidding and Negotiation Services LABOR $3,578 Subtotal Bidding and Negotiation Services REIMBURSABLES (see attached)$0 TOTAL BIDDING AND NEGOTIATION SERVICES FEE $3,578 23029 Architect Construction Manage.DrafterInterior Design North Star Roof Replacement.xlsx-60 Bid 11 7/18/2023 AGENDA ITEM #14.A.1.Contract No. FY2019-10U, Change Order No. 21, Authorization For Architec...Page 29 of 243 DESIGN SERVICES PROPOSAL CONSTRUCTION ADMINISTRATION SERVICES Project:KIBSD North Star Elementary Roof & Skylight Replacement JYW Project No.: Exec A Cler A ACC STAFF:PMgr A-III A-II A-I Int III Int II ID-III ID-II ID-I CM-III CM-II CM-I D-II D-I EA CA A TOTAL $186 $147 $131 $115 $100 $90 $153 $121 $90 $153 $131 $100 $104 $90 $84 $42 $85 ARCHITECTURE: Project Management 12 Conformed Documents 4 Pre-Construction Conf 2 2 Submittal Review 24 RFIs/RFPs/CO'S 40 8 Field Ob & Report 8 2 @ 12 hours 24 Notice of Deficencies 2 Substantial Compl & Report 4 1 @ 12 hours 12 Final Completion & Report 4 1 @ 12 hours 12 As Built Drawings 4 Subtotal Hours 32 0 0 0 0 0 0 0 0 114 0 0 16 0 0 0 0 162 Subtotal Dollars $5,952 0 0 0 0 0 0 0 0 17,442 0 0 1,664 0 0 0 0 $25,058 CONSULTANTS: Civil Engineering Structural Engineering Mechanical Engineering Electrical Engineering Hazardous Materials Engineering Landscape Architecture Subtotal $0 Overhead/Profit 10%$0 Consultants Total Labor $0 Subtotal Construction Administration Services LABOR $25,058 Subtotal Construction Administration Services REIMBURSABLES (see attached)$3,520 TOTAL CONSTRUCTION ADMINISTRATION SERVICES FEE $28,578 Interior Design 23029 Architect Construction Manage.Drafter North Star Roof Replacement.xlsx-70 CA 12 7/18/2023 AGENDA ITEM #14.A.1.Contract No. FY2019-10U, Change Order No. 21, Authorization For Architec...Page 30 of 243 DESIGN SERVICES PROPOSAL REIMBURSABLE EXPENSES JYW Project No.:KIBSD North Star Elementary Roof & Skylight Replacement JYW Project No.:23029 10 20 30 40 50 60 70 80 PHASE:Pre-D Site SD DD CD BID CA CO TOTAL TRAVEL Arch Trips 0 0 0 0 0 0 4 0 4 Cost $800 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,200.00 $0.00 $3,200 Civil Trips 0 0 0 0 0 0 0 0 0 Cost $0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 Struct Trips 0 0 0 0 0 0 0 0 0 Cost $0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 Mech Trips 0 0 0 0 0 0 0 0 0 Cost $0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 Elect Trips 0 0 0 0 0 0 0 0 0 Cost $0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 Other Trips 0 0 0 0 0 0 0 0 0 Cost $0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 Subtotal $0 $0 $0 $0 $0 $0 $3,200 $0 $3,200 PER DIEM Arch No. Days 0 0 0 0 0 0 0 0 0 Civil No. Days 0 0 0 0 0 0 0 0 0 Struct No. Days 0 0 0 0 0 0 0 0 0 Mech No. Days 0 0 0 0 0 0 0 0 0 Elect No. Days 0 0 0 0 0 0 0 0 0 Other No. Days 0 0 0 0 0 0 0 0 0 Rate $0 0 0 0 0 0 0 0 0 0 Total $0 $0 $0 $0 $0 $0 $0 $0 $0 PRINTING/COPYING 11 x 17 Copy No. Sheets 0 0 0 0 0 0 0 0 0 Rate $0.25 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Letter Copy:No. Sheets 0 0 0 0 0 0 0 0 0 Rate $0.15 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total $0 $0 $0 $0 $0 $0 $0 $0 $0 SCANS Rate $0 $0 $0 $0 $0 $0 $0 $0 $0 CD's Rate $0 $0 $0 $0 $0 $0 $0 $0 $0 POSTAGE/COURIER Rate $0 $0 $0 $0 $0 $0 $0 $0 $0 MISSCELANEOUS Rate $0 $0 $0 $0 $0 $0 $0 $0 $0 ENGIN REIMB Rate $0 $0 $0 $0 $0 $0 $0 $0 $0 RENDERINGS Rate $0 $0 $0 $0 $0 $0 $0 $0 $0 OH/P 10% $0 $0 $0 $0 $0 $0 $320 $0 $320 TOTAL REIMBURSABLES $0 $0 $0 $0 $0 $0 $3,520 $0 $3,520 North Star Roof Replacement.xlsx-Reimb 14 7/18/2023 AGENDA ITEM #14.A.1.Contract No. FY2019-10U, Change Order No. 21, Authorization For Architec...Page 31 of 243 4103 Minnesota Drive Anchorage, AK 99503 P: 907.561.1653 F: 907.562.0420 mail@hmsalaska.com Fee Proposal Prepared For: Jensen Yorba Wall, Inc. 522 West 10th Street Juneau, Alaska 99801 Attn: Corey Wall Project:Kodiak Island Borough North Star Elementary School Re-Roof Location:Kodiak Island, Alaska 1. Project Description and Service Provide cost estimate to replace the roof of the North Star Elementary School. The area is approximately 39,500 SF and will include limited interior work to replace water damaged finishes and an alternate to replace the central skylight and storefront windows. The estimate will be prepared in State of Alaska DEED format and priced for summer 2024 construction. 2. Fee Breakdown and Schedule (Lump Sum) 65% Design Estimate $ 11,246.00 Within (15) Full Working Days The above fee does not include preparation of additive bid items or alternates except as noted above. Allow the above full working days to provide the proposed services. Time for task completion will begin following receipt of all available design information for that particular phase. Please note the above durations exclude weekends, holidays and partial days. Please give two weeks advance notice for commencing each phase of work. 3. Terms Deliverable: HMS Inc. will provide a copy of our estimate via email in a PDF file format or in Excel, if necessary. Should a hard copy of the estimate be necessary, at your request, a bound or loose copy will be provided to you. Drawings: Architect/Engineer shall provide HMS Inc. with full size, correct scale drawings, along with an electronic set (PDF format preferred). Should these not be provided, it may be necessary to increase our fee proposal and add additional days to complete our work. Should it be necessary, HMS Inc. has the capability to print one or two drawings, however, depending on the quantity, an additional charge may be added at $4.00/sheet. Additive Bid Items or Alternates: Our fee proposal does not include preparing estimates for additive bid items or alternates (except those included in Section 2 Fee Breakdown) that require re-measurement of work items included in the Base Bid cost estimate. We reserve the right to renegotiate our fee should alternates become necessary beyond one or two minor alternates or additive bid items. DATE 7/17/2023 FEE PROPOSAL NO. P23-07-11 N/A HMS PROJECT NO. Page 1 of 3 AGENDA ITEM #14.A.1. Contract No. FY2019-10U, Change Order No. 21, Authorization For Architec...Page 32 of 243 4103 Minnesota Drive Anchorage, AK 99503 P: 907.561.1653 F: 907.562.0420 mail@hmsalaska.com DATE 7/17/2023 FEE PROPOSAL NO. P23-07-11 N/A HMS PROJECT NO. 3. Terms (Continued) Reimbursable Expenses: This fee proposal does not provide for long distance phone calls, site visits, meetings with the owner, or any other unforeseen expenses unless listed in Section 2. Fee Breakdown. Any such items, if required, will be charged on a time-and-expense basis at our current rate schedule. Penalty/Bonus Condition: This proposal is made on the understanding that we will not be entering into an agreement with the client that includes a penalty/bonus condition dependent on the outcome of the bid. Should such a clause be required, we reserve the right to modify our proposal or possibly withdraw from the project. Additional Insured: Any requirements to name additional insureds on our insurance policies may be subject to additional fees should fees be added to our policy by our carrier. Payment Terms: Payment shall be made within (45) days of invoice date. Delayed payment beyond that period is subject to a 1.5% fee per month. Expiration Date: This fee proposal is valid for (6) months from the date of issue. HMS Inc. reserves the right to adjust the fee to incorporate the current years rates after the (6) month period. Change in Scope: Should the project scope or format change, HMS Inc. reserves the right to modify this proposal. Written approval for work on increased scope items prior to proceeding with additional work will be required. Notice to Proceed: Designer/owner will provide written notice to proceed. Delivery of documents is not considered a notice to proceed. Prepared By: Kent Gamble, Principal KG/as Page 2 of 3 AGENDA ITEM #14.A.1. Contract No. FY2019-10U, Change Order No. 21, Authorization For Architec...Page 33 of 243 4103 Minnesota Drive Anchorage, AK 99503 P: 907.561.1653 F: 907.562.0420 mail@hmsalaska.com Project:Kodiak Island Borough A/E Firm: North Star Elementary School Re-Roof Location:Kodiak Island, Alaska Prepared By:Kent Gamble, Principal Discipline Rate Hours Subtotal 65% Design Estimate: Estimator V 194.00 x 2 = 388.00 Estimator IV 168.00 x 25 = 4,200.00 Estimator III 158.00 x 29 = 4,582.00 Estimator II 135.00 x 11 = 1,485.00 Estimator I 91.00 x 0 = 0.00 Office Support II 91.00 x 5 = 455.00 Office Support I 68.00 x 2 = 136.00 Total 65% Design Estimate: 74 Hours $ 11,246.00 TOTAL:74 Hours $ 11,246.00 N/A Jensen Yorba Wall, Inc. Hours Fee FEE BREAKDOWN Total Total (2023 SCHEDULE OF RATES) DATE 7/17/2023 P23-07-11 HMS PROJECT NO. FEE PROPOSAL NO. Page 3 of 3 AGENDA ITEM #14.A.1. Contract No. FY2019-10U, Change Order No. 21, Authorization For Architec...Page 34 of 243 Revised 09/19 Page 1 of 1 KODIAK ISLAND BOROUGH 710 MILL BAY ROAD KODIAK, ALASKA 99615 CONTRACT CHANGE ORDER Project Name: Project Number: North Star Elem. Roof & Skylight Replacement 469-614-452-140.23002.4 Contractor: Jensen Yorba Wall, Inc. Contract No.: 2019-10U Change Order No.: 21 Original Project Budget: $ 87,052.00 Original Contract: $ 0.00 Previous Budget Changes: $ 0.00 Previous Changes: $ 69,074.00 Adjusted Project Budget: $ 87,052.00 This Change: $ 87,052.00 To-Date Project Expenses: $ 0.00 % of Original Contract <9.7% To-Date Project Encumbrances: $ 0.00 Adjusted Contract ALL 2019-10: $ 891,127.00 Current Remaining Budget: $ 87,052.00 Description of Change Cost Provide 100% Construction Documents, Bidding and Construction Administration design services related to the proposal dated June 20, 2023. Presentations to the ARB Board and other stakeholders at 95% phase completion. $ 87,052.00 The time provided for completion of the contract is (☒ unchanged) (☐increased) (☐decreased) by 0 calendar days. This document shall become an amendment to the contract and all provisions of the contract will apply thereto. Per Borough Code 3.30.100, a change order that does not exceed five percent of the original contract amount or $50,000, whichever is lower, requires approval by the mayor and deputy presiding officer, the mayor and one assembly member in the absence of the deputy presiding office, or the deputy presiding officer and one assembly member in the absence of the mayor. Change orders greater than five percent of approved contract amount or $50,000, whichever is lower, require assembly approval . Accepted By: ______________________________________________________________________________ Date: __________ Contractor’s Representative Recommended: _____________________________ Date: _________ ______________________________ Date: __________ Engineering/Facilities Director Finance Director Approved By: ______________________________ Date: _________ Attest: _________________________ Date: _________ Borough Manager Borough Clerk Mayor and Deputy Presiding Officer Approval (does not exceed five percent of the original contract amount or $50,000, whichever is lower) Approved By: ______________________________ Date: _________ ______________________________ Date: __________ Borough Mayor Deputy Presiding Officer Borough Assembly Approval (greater than five percent of approved contract amount or $50,000, whichever is lower) Approved By: ______________________________ Date: _________ Attest: ________________________ Date: __________ Borough Manager Borough Clerk AGENDA ITEM #14.A.1. Contract No. FY2019-10U, Change Order No. 21, Authorization For Architec...Page 35 of 243 Jensen Yorba Wall Architecture Interior Design Construction Management Page 1 of 1 522 West 10th Street, Juneau, Alaska 99801 907.586.1070 jensenyorbawall.com Designing Community Since 1935 Date: June 20, 2023 To: Patricia Valerio, KIB Project Manager From: Corey Wall Re: KIBSD – North Star Elementary School Roof & Skylight Replacement (JYW No. 23029) Design and CA Fee Proposal Please find attached a fee proposal for 100% Construction Document, Bidding and Construction Administration design services related to the KIB North Star Elementary School Roof & Skylight Replacement Project. The project will be completed as part of our existing term contract with KIB. The project scope is a replacement of the skylight with a new skylight system, along with a comprehensive replacement of the low slope roofing membrane and associated assembly. The extent and nature of the low slope roofing project (partial tear-off, vs. comprehensive tear-off) will be determined in the schematic stage of design. Project is anticipate to be a single bid with a base bid and 1-3 alternates. Project includes: • Architectural site visit (concurrent with other projects) • 100% Construction Documents o Comprehensive roof membrane replacement on existing building. Replacement / reuse of roofing assembly layers as determined. o Reinstallation of existing mechanical and electrical items on roof. o Limited interior work to replace water-damaged finishes. o Replacement of skylight and adjacent storefront windows with skylight system. • Presentations to ARB and other stakeholders at DD and 95% phase completion. Please note: • Proposal does not include mechanical or electrical engineering design work with assumption that existing equipment can be removed and replaced as-is. • Proposal does not include structural engineering with assumption that existing structure is adequate to support new skylight system. • Proposal does not include haz mat testing or abatement. • Proposal does not include professional cost estimating, although it may be desirable to add this service at 95% completion for budgeting purposes. Thanks again for this opportunity. We look forward to working with you! AGENDA ITEM #14.A.1. Contract No. FY2019-10U, Change Order No. 21, Authorization For Architec...Page 36 of 243 DESIGN SERVICES PROPOSALSUMMARYProject: KIBSD North Star Elementary Roof & Skylight ReplacementJYW Project No.:SERVICES FEE TYPE EXPENSES TAX TOTALPre-Design $0 Lump sum $0 $0 $0Site Analysis $0 Lump sum $0 $0 $0Schematic Design $15,020 Lump sum $0 $0 $15,020Design Development $17,728 Lump sum $0 $0 $17,728Construction Documents $22,148 Lump sum $0 $0 $22,148Bidding $3,578 Time & Expense $0 $0 $3,578Construction Administration $25,058 Time & Expense $3,520 $0 $28,578Construction Observations $0 TBD $0 $0 $0TOTAL$87,05223029G:\_Projects\23029\0 Scope & Fee\North Star Roof Replacement.xlsxSUM 36/20/2023AGENDA ITEM #14.A.1. Contract No. FY2019-10U, Change Order No. 21, Authorization For Architec...Page 37 of 243 DESIGN SERVICES PROPOSALSCHEMATIC DESIGN SERVICES Project:KIBSD North Star Elementary Roof & Skylight ReplacementJYW Project No.:Exec A Cler A ACCSTAFF:PMgr A-III A-II A-I Int III Int II ID-III ID-II ID-I CM-III CM-II CM-I D-II D-I EA CA ATOTAL$186 $147 $131 $115 $100 $90 $153 $121 $90 $153 $131 $100 $104 $90 $84 $42 $85ARCHITECTURE:Project Management8Research / Archives66Site Visit4Schematic Design Dwgs16 14 16Project Narrative64Meetings4Coordination2Quality Control22Presentations2Submittal2Subtotal Hours5200000000200022000094Subtotal Dollars $9,672000000003,060 0 0 2,2880000$15,020CONSULTANTS:Civil EngineeringStructural EngineeringMechanical EngineeringElectrical EngineeringHazardous Materials InvestigationLandscape ArchitectureSubtotal $0Overhead/Profit 10% $0Consultants Total Labor $0Subtotal Schematic Design Services LABOR$15,020Subtotal Schematic Design Services REIMBURSABLES (see attached)$0TOTAL SCHEMATIC DESIGN SERVICES FEE$15,02023029Cost EstimatingArchitectConstruction Manage.DrafterInterior DesignNorth Star Roof Replacement.xlsx-30 SD 86/20/2023AGENDA ITEM #14.A.1. Contract No. FY2019-10U, Change Order No. 21, Authorization For Architec...Page 38 of 243 DESIGN SERVICES PROPOSALDESIGN DEVELOPMENT DESIGN SERVICESProject:KIBSD North Star Elementary Roof & Skylight ReplacementJYW Project No.:Exec A Cler A ACCSTAFF:PMgr A-III A-II A-I Int III Int II ID-III ID-II ID-I CM-III CM-II CM-I D-II D-I EA CA ATOTAL$186 $147 $131 $115 $100 $90 $153 $121 $90 $153 $131 $100 $104 $90 $84 $42 $85ARCHITECTURE:Project Management6Research / Archives24Code Analysis6Design Development DwgsCover / Site Plan24Plans48Sections / Elevations816Details2424Outline Specifications6Cost Estimate Coordination0Meetings / Presentations2Quality Control2Submittal2Subtotal Hours6400000000000560000120Subtotal Dollars $11,904000000000005,8240000$17,728CONSULTANTS:Civil EngineeringStructural EngineeringMechanical EngineeringElectrical EngineeringHazardous Materials EngineeringLandscape ArchitectureSubtotal $0Overhead/Profit 10% $0Consultants Total Labor $0Subtotal Construction Document Services LABOR$17,728Subtotal Construction Document Services REIMBURSABLES (see attached)$0TOTAL DESIGN DEVELOPMENT SERVICES FEE$17,728Cost EstimatingInterior Design23029ArchitectConstruction Manage.DrafterNorth Star Roof Replacement.xlsx-40 DD 96/20/2023AGENDA ITEM #14.A.1. Contract No. FY2019-10U, Change Order No. 21, Authorization For Architec...Page 39 of 243 DESIGN SERVICES PROPOSALCONSTRUCTION DOCUMENTS SERVICESProject:KIBSD North Star Elementary Roof & Skylight ReplacementJYW Project No.:Exec A Cler A ACCSTAFF:PMgr A-III A-II A-I Int III Int II ID-III ID-II ID-I CM-III CM-II CM-I D-II D-I EA CA ATOTAL$186 $147 $131 $115 $100 $90 $153 $121 $90 $153 $131 $100 $104 $90 $84 $42 $85ARCHITECTURE:Project Management6Research / ArchivesCode Analysis4Construction Doc DwgsCover / Site Plan24Plans1212Sections / Elevations1212Details2424Specifications24Cost Estimate Coordination0Meetings / Presentations2Quality Control2Submittal2Subtotal Hours9000000000000520000142Subtotal Dollars $16,740000000000005,4080000$22,148CONSULTANTS:Civil EngineeringStructural EngineeringMechanical EngineeringElectrical EngineeringHazardous Materials EngineeringLandscape ArchitectureSubtotal $0Overhead/Profit 10% $0Consultants Total Labor $0Subtotal Design Development Services LABOR$22,148Subtotal Design Development Services REIMBURSABLES (see attached)$0TOTAL CONSTRUCTION DOCUMENTS SERVICES FEE$22,148Cost Estimating23029Architect Interior DesignConstruction Manage.DrafterNorth Star Roof Replacement.xlsx-50 CD 106/20/2023AGENDA ITEM #14.A.1. Contract No. FY2019-10U, Change Order No. 21, Authorization For Architec...Page 40 of 243 DESIGN SERVICES PROPOSALBIDDING AND NEGOTIATION SERVICES Project:KIBSD North Star Elementary Roof & Skylight ReplacementJYW Project No.:Exec A Cler A ACCSTAFF:PMgr A-III A-II A-I Int III Int II ID-III ID-II ID-I CM-III CM-II CM-I D-II D-I EA CA ATOTAL$186 $147 $131 $115 $100 $90 $153 $121 $90 $153 $131 $100 $104 $90 $84 $42 $85ARCHITECTURE:Project Management4Disc Coor/Doc ReviewAgency Consul/RevSchedule Dev/MonitoringPre Bid Meeting22Bidding MaterialsAddenda610Bidding/NegotiationAnalysis of Alts/SubsSpecial BiddingBid EvaluationConstruction ContractSubtotal Hours120000000020010000024Subtotal Dollars $2,23200000000306001,0400000$3,578CONSULTANTS:Civil EngineeringStructural EngineeringMechanical EngineeringElectrical EngineeringHazardous Materials EngineeringLandscape ArchitectureSubtotal $0Overhead/Profit 10% $0Consultants Total Labor $0Subtotal Bidding and Negotiation Services LABOR$3,578Subtotal Bidding and Negotiation Services REIMBURSABLES (see attached)$0TOTAL BIDDING AND NEGOTIATION SERVICES FEE$3,57823029ArchitectConstruction Manage.DrafterInterior DesignNorth Star Roof Replacement.xlsx-60 Bid 116/20/2023AGENDA ITEM #14.A.1. Contract No. FY2019-10U, Change Order No. 21, Authorization For Architec...Page 41 of 243 DESIGN SERVICES PROPOSALCONSTRUCTION ADMINISTRATION SERVICES Project:KIBSD North Star Elementary Roof & Skylight ReplacementJYW Project No.:Exec A Cler A ACCSTAFF:PMgr A-III A-II A-I Int III Int II ID-III ID-II ID-I CM-III CM-II CM-I D-II D-I EA CA ATOTAL$186 $147 $131 $115 $100 $90 $153 $121 $90 $153 $131 $100 $104 $90 $84 $42 $85ARCHITECTURE:Project Management12Conformed Documents4Pre-Construction Conf22Submittal Review24RFIs/RFPs/CO'S40 8Field Ob & Report82 @ 12 hours24Notice of Deficencies2Substantial Compl & Report41 @ 12 hours12Final Completion & Report41 @ 12 hours12As Built Drawings4Subtotal Hours320000000011400160000162Subtotal Dollars $5,9520000000017,442 0 0 1,6640000$25,058CONSULTANTS:Civil EngineeringStructural EngineeringMechanical EngineeringElectrical EngineeringHazardous Materials EngineeringLandscape ArchitectureSubtotal $0Overhead/Profit 10% $0Consultants Total Labor $0Subtotal Construction Administration Services LABOR$25,058Subtotal Construction Administration Services REIMBURSABLES (see attached)$3,520TOTAL CONSTRUCTION ADMINISTRATION SERVICES FEE$28,578Interior Design23029ArchitectConstruction Manage.DrafterNorth Star Roof Replacement.xlsx-70 CA 126/20/2023AGENDA ITEM #14.A.1. Contract No. FY2019-10U, Change Order No. 21, Authorization For Architec...Page 42 of 243 DESIGN SERVICES PROPOSALREIMBURSABLE EXPENSESJYW Project No.:KIBSD North Star Elementary Roof & Skylight ReplacementJYW Project No.: 2302910 20 30 40 50 60 70 80PHASE: Pre-D Site SD DD CD BID CA CO TOTALTRAVELArch Trips000000404Cost$800$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,200.00 $0.00 $3,200Civil Trips000000000Cost$0$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0Struct Trips000000000Cost$0$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0Mech Trips000000000Cost$0$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0Elect Trips000000000Cost$0$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0Other Trips000000000Cost$0$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0Subtotal $0 $0 $0 $0 $0 $0 $3,200 $0 $3,200PER DIEMArch No. Days000000000Civil No. Days000000000Struct No. Days000000000Mech No. Days000000000Elect No. Days000000000Other No. Days000000000Rate$0000000000Total $0$0$0$0$0$0$0$0 $0PRINTING/COPYING11 x 17 Copy No. Sheets000000000Rate$0.25$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00Letter Copy: No. Sheets000000000Rate$0.15$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00Total $0$0$0$0$0$0$0$0 $0SCANSRate$0 $0 $0 $0 $0 $0 $0 $0$0CD'sRate$0 $0 $0 $0 $0 $0 $0 $0$0POSTAGE/COURIERRate$0 $0 $0 $0 $0 $0 $0 $0$0MISSCELANEOUSRate$0 $0 $0 $0 $0 $0 $0 $0$0ENGIN REIMBRate$0 $0 $0 $0 $0 $0 $0 $0$0RENDERINGSRate$0 $0 $0 $0 $0 $0 $0 $0$0OH/P10% $0 $0 $0 $0 $0 $0 $320 $0 $320TOTAL REIMBURSABLES$0 $0 $0 $0 $0 $0 $3,520 $0 $3,520North Star Roof Replacement.xlsx-Reimb146/20/2023AGENDA ITEM #14.A.1. Contract No. FY2019-10U, Change Order No. 21, Authorization For Architec...Page 43 of 243 KODIAK ISLAND BOROUGH STAFF REPORT JULY 20, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Contract No. FY2019-10V, Change Order No. 22, Authorization For Architectural And Engineering Services Term Contract For Design Of The East Elementary School Roof Replacement Project ORIGINATOR: Dave Conrad, E&F Director/Admin Official RECOMMENDATION: Move to authorize the Manager to approve Contract No. FY2029-10V, Change Order No. 22, for Architectural and Engineering Services Term Contract for design of the East Elementary School Roof Replacement Project in an amount not to exceed $130,168.00. DISCUSSION: This is a change order to the Borough's current term contract with Jensen Yorba Wall (JYW) to include 100% construction documents, bidding and construction administration design services for the East Elementary Roof Replacement Project. The internal gutter located between the newer and older sections of roof is having some issues and causing leaks inside the building. The restructuring and roofing over the gutter will eliminate the issues we are having and prevent further internal damages to the building. Brian Nielsen of PND Engineers performed a site visit on June 21 and 22 to gain information specific to the construction of the facility. This change order is a continuation of the conceptual design efforts made in 2022. Completing the design work and construction documents would help have a "shovel ready" project and provide a greater chance of receiving State reimbursement for construction or infrastructure money available from the federal government. The goal is to complete the design work this summer and fall to have a "shovel ready" project by spring of 2024. ALTERNATIVES: Take no action or do not approve the change order. FISCAL IMPACT: This design work will be funded by Buildings and Grounds or an alternate funding source to be identified by the Assembly. OTHER INFORMATION: AGENDA ITEM #14.A.2. Contract No. FY2019-10V, Change Order No. 22, Authorization For Architec...Page 44 of 243 Revised 09/19 Page 1 of 1 KODIAK ISLAND BOROUGH 710 MILL BAY ROAD KODIAK, ALASKA 99615 CONTRACT CHANGE ORDER Project Name: Project Number: East Elem. Roof Replacement 469-614-452-140.22004.4 Contractor: Jensen Yorba Wall, Inc. Contract No.: 2019-10V Change Order No.: 22 Original Project Budget: $ 20,000.00 Original Contract: $ 0.00 Previous Budget Changes: $ 0.00 Previous Changes: $ 99,423.00 Adjusted Project Budget: $ 20,000.00 This Change: $ 130,168.00 To-Date Project Expenses: $ 5,297.95 % of Original Contract <12.59% To-Date Project Encumbrances: $ 0.00 Adjusted Contract ALL 2019-10: $ 1,033,666.00 Current Remaining Budget: $ 144,870.05 Description of Change Cost Provide 100% Construction Documents, Bidding and Construction Administration design services related to the proposal dated July 18, 2023, and June 20, 2023. Presentations to the ARB Board and other stakeholders at 95% phase completion. $ 130,168.00 The time provided for completion of the contract is (☒ unchanged) (☐increased) (☐decreased) by 0 calendar days. This document shall become an amendment to the contract and all provisions of the contract will apply thereto. Per Borough Code 3.30.100, a change order that does not exceed five percent of the original contract amount or $50,000, whichever is lower, requires approval by the mayor and deputy presiding officer, the mayor and one assembly member in the absence of the deputy presiding office, or the deputy presiding officer and one assembly member in the absence of the mayor. Change orders greater than five percent of approved contract amount or $50,000, whichever is lower, require assembly approval . Accepted By: ______________________________________________________________________________ Date: __________ Contractor’s Representative Recommended: _____________________________ Date: _________ ______________________________ Date: __________ Engineering/Facilities Director Finance Director Approved By: ______________________________ Date: _________ Attest: _________________________ Date: _________ Borough Manager Borough Clerk Mayor and Deputy Presiding Officer Approval (does not exceed five percent of the original contract amount or $50,000, whichever is lower) Approved By: ______________________________ Date: _________ ______________________________ Date: __________ Borough Mayor Deputy Presiding Officer Borough Assembly Approval (greater than five percent of approved contract amount or $50,000, whichever is lower) Approved By: ______________________________ Date: _________ Attest: ________________________ Date: __________ Borough Manager Borough Clerk UPDATED INFORMATION AGENDA ITEM #14.A.2. Contract No. FY2019-10V, Change Order No. 22, Authorization For Architec...Page 45 of 243 DESIGN SERVICES PROPOSAL SUMMARY Project: KIBSD East Elementary Roof Replacement JYW Project No.: SERVICES FEE TYPE EXPENSES TAX TOTAL Pre-Design $0 Lump sum $0 $0 $0 Site Analysis $0 Lump sum $0 $0 $0 Schematic Design $26,374 Lump sum $0 $0 $26,374 Design Development $37,086 Lump sum $0 $0 $37,086 Construction Documents $30,910 Lump sum $0 $0 $30,910 Bidding $2,626 Time & Expense $3,520 $0 $6,146 Construction Administration $29,652 Time & Expense $0 $0 $29,652 Construction Observations $0 TBD $0 $0 $0 TOTAL $130,168 22002 F:\22002 East\0 Scope & Fee\East Elem Roof Replacement.xlsxSUM 3 7/18/2023 UPDATED INFORMATION AGENDA ITEM #14.A.2.Contract No. FY2019-10V, Change Order No. 22, Authorization For Architec...Page 46 of 243 DESIGN SERVICES PROPOSAL SCHEMATIC DESIGN SERVICES Project:KIBSD East Elementary Roof Replacement JYW Project No.: Exec A Cler A ACC STAFF:PMgr A-III A-II A-I Int III Int II ID-III ID-II ID-I CM-III CM-II CM-I D-II D-I EA CA A TOTAL $186 $147 $131 $115 $100 $90 $153 $121 $90 $153 $131 $100 $104 $90 $84 $42 $85 ARCHITECTURE: Project Management 8 Research / Archives 6 6 Site Visit 8 Schematic Design Dwgs 16 14 16 Project Narrative 6 4 Meetings 4 Coordination 2 Quality Control 2 2 Presentations 2 Submittal 2 Subtotal Hours 56 0 0 0 0 0 0 0 0 20 0 0 22 0 0 0 0 98 Subtotal Dollars $10,416 0 0 0 0 0 0 0 0 3,060 0 0 2,288 0 0 0 0 $15,764 CONSULTANTS: Civil Engineering Structural Engineering $9,645 Mechanical Engineering Electrical Engineering Hazardous Materials Investigation Landscape Architecture Subtotal $9,645 Overhead/Profit 10%$965 Consultants Total Labor $10,610 Subtotal Schematic Design Services LABOR $26,374 Subtotal Schematic Design Services REIMBURSABLES (see attached)$0TOTAL SCHEMATIC DESIGN SERVICES FEE $26,374 22002 Cost Estimating Architect Construction Manage.DrafterInterior Design East Elem Roof Replacement.xlsx-30 SD 8 7/18/2023 AGENDA ITEM #14.A.2.Contract No. FY2019-10V, Change Order No. 22, Authorization For Architec...Page 47 of 243 DESIGN SERVICES PROPOSAL DESIGN DEVELOPMENT DESIGN SERVICES Project:KIBSD East Elementary Roof Replacement JYW Project No.: Exec A Cler A ACC STAFF:PMgr A-III A-II A-I Int III Int II ID-III ID-II ID-I CM-III CM-II CM-I D-II D-I EA CA A TOTAL $186 $147 $131 $115 $100 $90 $153 $121 $90 $153 $131 $100 $104 $90 $84 $42 $85 ARCHITECTURE: Project Management 6 Research / Archives 2 4 Code Analysis 6 Design Development Dwgs Cover / Site Plan 2 4 Plans 4 8 Sections / Elevations 4 8 Details 18 18 Outline Specifications 6 Cost Estimate Coordination 0 Meetings / Presentations 2 Quality Control 2 Submittal 2 Subtotal Hours 54 0 0 0 0 0 0 0 0 0 0 0 42 0 0 0 0 96 Subtotal Dollars $10,044 0 0 0 0 0 0 0 0 0 0 0 4,368 0 0 0 0 $14,412 CONSULTANTS: Civil Engineering Structural Engineering $10,773 Mechanical Engineering Electrical Engineering Hazardous Materials Engineering Landscape Architecture $9,840 Subtotal $20,613 Overhead/Profit 10%$2,061 Consultants Total Labor $22,674 Subtotal Construction Document Services LABOR $37,086 Subtotal Construction Document Services REIMBURSABLES (see attached)$0 TOTAL DESIGN DEVELOPMENT SERVICES FEE $37,086 Cost Estimating Interior Design 22002 Architect Construction Manage.Drafter East Elem Roof Replacement.xlsx-40 DD 9 7/18/2023 AGENDA ITEM #14.A.2.Contract No. FY2019-10V, Change Order No. 22, Authorization For Architec...Page 48 of 243 DESIGN SERVICES PROPOSAL CONSTRUCTION DOCUMENTS SERVICES Project:KIBSD East Elementary Roof Replacement JYW Project No.: Exec A Cler A ACC STAFF:PMgr A-III A-II A-I Int III Int II ID-III ID-II ID-I CM-III CM-II CM-I D-II D-I EA CA A TOTAL $186 $147 $131 $115 $100 $90 $153 $121 $90 $153 $131 $100 $104 $90 $84 $42 $85 ARCHITECTURE: Project Management 6 Research / Archives Code Analysis 4 Construction Doc Dwgs Cover / Site Plan 2 4 Plans 12 12 Sections / Elevations 6 8 Details 24 24 Specifications 16 Cost Estimate Coordination 0 Meetings / Presentations 2 Quality Control 2 Submittal 2 Subtotal Hours 76 0 0 0 0 0 0 0 0 0 0 0 48 0 0 0 0 124 Subtotal Dollars $14,136 0 0 0 0 0 0 0 0 0 0 0 4,992 0 0 0 0 $19,128 CONSULTANTS: Civil Engineering Structural Engineering $10,711 Mechanical Engineering Electrical Engineering Hazardous Materials Engineering Landscape Architecture Subtotal $10,711 Overhead/Profit 10%$1,071 Consultants Total Labor $11,782 Subtotal Design Development Services LABOR $30,910 Subtotal Design Development Services REIMBURSABLES (see attached)$0 TOTAL CONSTRUCTION DOCUMENTS SERVICES FEE $30,910 Cost Estimating 22002 Architect Interior Design Construction Manage.Drafter East Elem Roof Replacement.xlsx-50 CD 10 7/18/2023 AGENDA ITEM #14.A.2.Contract No. FY2019-10V, Change Order No. 22, Authorization For Architec...Page 49 of 243 DESIGN SERVICES PROPOSAL BIDDING AND NEGOTIATION SERVICES Project:KIBSD East Elementary Roof Replacement JYW Project No.: Exec A Cler A ACC STAFF:PMgr A-III A-II A-I Int III Int II ID-III ID-II ID-I CM-III CM-II CM-I D-II D-I EA CA A TOTAL $186 $147 $131 $115 $100 $90 $153 $121 $90 $153 $131 $100 $104 $90 $84 $42 $85 ARCHITECTURE: Project Management 2 Disc Coor/Doc Review Agency Consul/Rev Schedule Dev/Monitoring Pre Bid Meeting 2 2 Bidding Materials Addenda 4 8 Bidding/Negotiation Analysis of Alts/Subs Special Bidding Bid Evaluation Construction Contract Subtotal Hours 8 0 0 0 0 0 0 0 0 2 0 0 8 0 0 0 0 18 Subtotal Dollars $1,488 0 0 0 0 0 0 0 0 306 0 0 832 0 0 0 0 $2,626 CONSULTANTS: Civil Engineering Structural Engineering Mechanical Engineering Electrical Engineering Hazardous Materials Engineering Landscape Architecture Subtotal $0 Overhead/Profit 10%$0 Consultants Total Labor $0 Subtotal Bidding and Negotiation Services LABOR $2,626 Subtotal Bidding and Negotiation Services REIMBURSABLES (see attached)$3,520 TOTAL BIDDING AND NEGOTIATION SERVICES FEE $6,146 22002 Architect Construction Manage.DrafterInterior Design East Elem Roof Replacement.xlsx-60 Bid 11 7/18/2023 AGENDA ITEM #14.A.2.Contract No. FY2019-10V, Change Order No. 22, Authorization For Architec...Page 50 of 243 DESIGN SERVICES PROPOSAL CONSTRUCTION ADMINISTRATION SERVICES Project:KIBSD East Elementary Roof Replacement JYW Project No.: Exec A Cler A ACC STAFF:PMgr A-III A-II A-I Int III Int II ID-III ID-II ID-I CM-III CM-II CM-I D-II D-I EA CA A TOTAL $186 $147 $131 $115 $100 $90 $153 $121 $90 $153 $131 $100 $104 $90 $84 $42 $85 ARCHITECTURE: Project Management 8 Conformed Documents 4 Pre-Construction Conf 2 2 Submittal Review 16 RFIs/RFPs/CO'S 32 8 Field Ob & Report 8 2 @ 12 hours 24 Notice of Deficencies 2 Substantial Compl & Report 4 1 @ 12 hours 12 Final Completion & Report 4 1 @ 12 hours 12 As Built Drawings 4 Subtotal Hours 28 0 0 0 0 0 0 0 0 98 0 0 16 0 0 0 0 142 Subtotal Dollars $5,208 0 0 0 0 0 0 0 0 14,994 0 0 1,664 0 0 0 0 $21,866 CONSULTANTS: Civil Engineering Structural Engineering $7,078 Mechanical Engineering Electrical Engineering Hazardous Materials Engineering Landscape Architecture Subtotal $7,078 Overhead/Profit 10%$708 Consultants Total Labor $7,786 Subtotal Construction Administration Services LABOR $29,652 Subtotal Construction Administration Services REIMBURSABLES (see attached)$0 TOTAL CONSTRUCTION ADMINISTRATION SERVICES FEE $29,652 Interior Design 22002 Architect Construction Manage.Drafter East Elem Roof Replacement.xlsx-70 CA 12 7/18/2023 AGENDA ITEM #14.A.2.Contract No. FY2019-10V, Change Order No. 22, Authorization For Architec...Page 51 of 243 DESIGN SERVICES PROPOSAL REIMBURSABLE EXPENSES JYW Project No.:KIBSD East Elementary Roof Replacement JYW Project No.:22002 10 20 30 40 50 60 70 80 PHASE:Pre-D Site SD DD CD BID CA CO TOTAL TRAVEL Arch Trips 0 0 0 0 0 4 0 0 4 Cost $800 $0.00 $0.00 $0.00 $0.00 $0.00 $3,200.00 $0.00 $0.00 $3,200 Civil Trips 0 0 0 0 0 0 0 0 0 Cost $0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 Struct Trips 0 0 0 0 0 0 0 0 0 Cost $0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 Mech Trips 0 0 0 0 0 0 0 0 0 Cost $0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 Elect Trips 0 0 0 0 0 0 0 0 0 Cost $0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 Other Trips 0 0 0 0 0 0 0 0 0 Cost $0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 Subtotal $0 $0 $0 $0 $0 $3,200 $0 $0 $3,200 PER DIEM Arch No. Days 0 0 0 0 0 0 0 0 0 Civil No. Days 0 0 0 0 0 0 0 0 0 Struct No. Days 0 0 0 0 0 0 0 0 0 Mech No. Days 0 0 0 0 0 0 0 0 0 Elect No. Days 0 0 0 0 0 0 0 0 0 Other No. Days 0 0 0 0 0 0 0 0 0 Rate $0 0 0 0 0 0 0 0 0 0 Total $0 $0 $0 $0 $0 $0 $0 $0 $0 PRINTING/COPYING 11 x 17 Copy No. Sheets 0 0 0 0 0 0 0 0 0 Rate $0.25 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Letter Copy:No. Sheets 0 0 0 0 0 0 0 0 0 Rate $0.15 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total $0 $0 $0 $0 $0 $0 $0 $0 $0 SCANS Rate $0 $0 $0 $0 $0 $0 $0 $0 $0 CD's Rate $0 $0 $0 $0 $0 $0 $0 $0 $0 POSTAGE/COURIER Rate $0 $0 $0 $0 $0 $0 $0 $0 $0 MISSCELANEOUS Rate $0 $0 $0 $0 $0 $0 $0 $0 $0 ENGIN REIMB Rate $0 $0 $0 $0 $0 $0 $0 $0 $0 RENDERINGS Rate $0 $0 $0 $0 $0 $0 $0 $0 $0 OH/P 10% $0 $0 $0 $0 $0 $320 $0 $0 $320 TOTAL REIMBURSABLES $0 $0 $0 $0 $0 $3,520 $0 $0 $3,520 East Elem Roof Replacement.xlsx-Reimb 14 7/18/2023 AGENDA ITEM #14.A.2.Contract No. FY2019-10V, Change Order No. 22, Authorization For Architec...Page 52 of 243 4103 Minnesota Drive Anchorage, AK 99503 P: 907.561.1653 F: 907.562.0420 mail@hmsalaska.com Fee Proposal Prepared For: Jensen Yorba Wall, Inc. 522 West 10th Street Juneau, Alaska 99801 Attn: Corey Wall Project:Kodiak Island Borough East Elementary School Roof Replacement Location:Kodiak Island, Alaska 1. Project Description and Service Provide cost estimate to replace the roof of the East Elementary School. The area is approximately 19,500 SF and will include some structural and architectural work to modify roof slopes. The estimate will be prepared in State of Alaska DEED format and priced for summer 2024 construction. 2. Fee Breakdown and Schedule (Lump Sum) 65% Design Estimate $ 9,840.00 Within (15) Full Working Days The above fee does not include preparation of additive bid items or alternates except as noted above. Allow the above full working days to provide the proposed services. Time for task completion will begin following receipt of all available design information for that particular phase. Please note the above durations exclude weekends, holidays and partial days. Please give two weeks advance notice for commencing each phase of work. 3. Terms Deliverable: HMS Inc. will provide a copy of our estimate via email in a PDF file format or in Excel, if necessary. Should a hard copy of the estimate be necessary, at your request, a bound or loose copy will be provided to you. Drawings: Architect/Engineer shall provide HMS Inc. with full size, correct scale drawings, along with an electronic set (PDF format preferred). Should these not be provided, it may be necessary to increase our fee proposal and add additional days to complete our work. Should it be necessary, HMS Inc. has the capability to print one or two drawings, however, depending on the quantity, an additional charge may be added at $4.00/sheet. Additive Bid Items or Alternates: Our fee proposal does not include preparing estimates for additive bid items or alternates (except those included in Section 2 Fee Breakdown) that require re-measurement of work items included in the Base Bid cost estimate. We reserve the right to renegotiate our fee should alternates become necessary beyond one or two minor alternates or additive bid items. DATE 7/17/2023 FEE PROPOSAL NO. P23-07-12 N/A HMS PROJECT NO. Page 1 of 3 AGENDA ITEM #14.A.2. Contract No. FY2019-10V, Change Order No. 22, Authorization For Architec...Page 53 of 243 4103 Minnesota Drive Anchorage, AK 99503 P: 907.561.1653 F: 907.562.0420 mail@hmsalaska.com DATE 7/17/2023 FEE PROPOSAL NO. P23-07-12 N/A HMS PROJECT NO. 3. Terms (Continued) Reimbursable Expenses: This fee proposal does not provide for long distance phone calls, site visits, meetings with the owner, or any other unforeseen expenses unless listed in Section 2. Fee Breakdown. Any such items, if required, will be charged on a time-and-expense basis at our current rate schedule. Penalty/Bonus Condition: This proposal is made on the understanding that we will not be entering into an agreement with the client that includes a penalty/bonus condition dependent on the outcome of the bid. Should such a clause be required, we reserve the right to modify our proposal or possibly withdraw from the project. Additional Insured: Any requirements to name additional insureds on our insurance policies may be subject to additional fees should fees be added to our policy by our carrier. Payment Terms: Payment shall be made within (45) days of invoice date. Delayed payment beyond that period is subject to a 1.5% fee per month. Expiration Date: This fee proposal is valid for (6) months from the date of issue. HMS Inc. reserves the right to adjust the fee to incorporate the current years rates after the (6) month period. Change in Scope: Should the project scope or format change, HMS Inc. reserves the right to modify this proposal. Written approval for work on increased scope items prior to proceeding with additional work will be required. Notice to Proceed: Designer/owner will provide written notice to proceed. Delivery of documents is not considered a notice to proceed. Prepared By: Kent Gamble, Principal KG/as Page 2 of 3 AGENDA ITEM #14.A.2. Contract No. FY2019-10V, Change Order No. 22, Authorization For Architec...Page 54 of 243 4103 Minnesota Drive Anchorage, AK 99503 P: 907.561.1653 F: 907.562.0420 mail@hmsalaska.com Project:Kodiak Island Borough A/E Firm: East Elementary School Roof Replacement Location:Kodiak Island, Alaska Prepared By:Kent Gamble, Principal Discipline Rate Hours Subtotal 65% Design Estimate: Estimator V 194.00 x 2 = 388.00 Estimator IV 168.00 x 22 = 3,696.00 Estimator III 158.00 x 25 = 3,950.00 Estimator II 135.00 x 9 = 1,215.00 Estimator I 91.00 x 0 = 0.00 Office Support II 91.00 x 5 = 455.00 Office Support I 68.00 x 2 = 136.00 Total 65% Design Estimate: 65 Hours $ 9,840.00 TOTAL:65 Hours $ 9,840.00 DATE 7/17/2023 P23-07-12 HMS PROJECT NO. FEE PROPOSAL NO. N/A Jensen Yorba Wall, Inc. Hours Fee FEE BREAKDOWN Total Total (2023 SCHEDULE OF RATES) Page 3 of 3 AGENDA ITEM #14.A.2. Contract No. FY2019-10V, Change Order No. 22, Authorization For Architec...Page 55 of 243 Revised 09/19 Page 1 of 1 KODIAK ISLAND BOROUGH 710 MILL BAY ROAD KODIAK, ALASKA 99615 CONTRACT CHANGE ORDER Project Name: Project Number: East Elem. Roof Replacement 469-614-452-140.22004.4 Contractor: Jensen Yorba Wall, Inc. Contract No.: 2019-10V Change Order No.: 22 Original Project Budget: $ 20,000.00 Original Contract: $ 0.00 Previous Budget Changes: $ 0.00 Previous Changes: $ 87,052.00 Adjusted Project Budget: $ 20,000.00 This Change: $ 119,344.00 To-Date Project Expenses: $ 5,297.95 % of Original Contract <13.39% To-Date Project Encumbrances: $ 0.00 Adjusted Contract ALL 2019-10: $ 1,010,471.00 Current Remaining Budget: $ 134,046.05 Description of Change Cost Provide 100% Construction Documents, Bidding and Construction Administration design services related to the proposal dated June 20, 2023. Presentations to the ARB Board and other stakeholders at 95% phase completion. $ 119,344.00 The time provided for completion of the contract is (☒ unchanged) (☐increased) (☐decreased) by 0 calendar days. This document shall become an amendment to the contract and all provisions of the contract will apply thereto. Per Borough Code 3.30.100, a change order that does not exceed five percent of the original contract amount or $50,000, whichever is lower, requires approval by the mayor and deputy presiding officer, the mayor and one assembly member in the absence of the deputy presiding office, or the deputy presiding officer and one assembly member in the absence of the mayor. Change orders greater than five percent of approved contract amount or $50,000, whichever is lower, require assembly approval . Accepted By: ______________________________________________________________________________ Date: __________ Contractor’s Representative Recommended: _____________________________ Date: _________ ______________________________ Date: __________ Engineering/Facilities Director Finance Director Approved By: ______________________________ Date: _________ Attest: _________________________ Date: _________ Borough Manager Borough Clerk Mayor and Deputy Presiding Officer Approval (does not exceed five percent of the original contract amount or $50,000, whichever is lower) Approved By: ______________________________ Date: _________ ______________________________ Date: __________ Borough Mayor Deputy Presiding Officer Borough Assembly Approval (greater than five percent of approved contract amount or $50,000, whichever is lower) Approved By: ______________________________ Date: _________ Attest: ________________________ Date: __________ Borough Manager Borough Clerk AGENDA ITEM #14.A.2. Contract No. FY2019-10V, Change Order No. 22, Authorization For Architec...Page 56 of 243 Jensen Yorba Wall Architecture Interior Design Construction Management Page 1 of 1 522 West 10th Street, Juneau, Alaska 99801 907.586.1070 jensenyorbawall.com Designing Community Since 1935 Date: June 20, 2023 To: Patricia Valerio, KIB Project Manager From: Corey Wall Re: KIBSD – East Elementary School Roof Replacement (JYW No. 22002) Design and CA Fee Proposal Please find attached a fee proposal for 100% Construction Document, Bidding and Construction Administration design services related to the KIB East Elementary School Roof Replacement Project. The project will be completed as part of our existing term contract with KIB. The project is a continuation of the conceptual design efforts made in 2022. The scope of the project will be a replacement of the roof over the 1984 and 1987 wings of the building, replacing the roof in all areas not re- roofed in 2016. A portion of the roofs between the newer wings and the older, original flat portion of the building will be reconstructed to raise the pitched roof and eliminate the internal gutter. This work will require structural upgrades and reconstruction to portions of the building interior. The remainder of the roofs will be replaced in the existing configuration with standing seam metal roofing. Project includes:  Architectural site visit (already completed)  Structural engineer site visit (combined with Baler Building Misc. Projects site visit)  100% Construction Documents o Comprehensive roof replacement of existing building (approximately 19,500 sf), including attached canopies. o Reinstallation of existing mechanical and electrical items attached to roof/fascia. o Limited interior reconstruction as required by structural modifications to match existing layout and finishes.  Presentations to ARB and other stakeholders at DD and 95% phase completion. Please note:  Proposal does not include mechanical or electrical engineering design work with assumption that existing equipment can be removed and replaced as-is.  Proposal does not include haz mat testing or abatement.  Proposal does not include professional cost estimating, although it may be desirable to add this service at 95% completion for budgeting purposes. Thanks again for this opportunity. We look forward to working with you! AGENDA ITEM #14.A.2. Contract No. FY2019-10V, Change Order No. 22, Authorization For Architec...Page 57 of 243 DESIGN SERVICES PROPOSAL SUMMARY Project: KIBSD East Elementary Roof Replacement JYW Project No.: SERVICES FEE TYPE EXPENSES TAX TOTAL Pre-Design $0 Lump sum $0 $0 $0 Site Analysis $0 Lump sum $0 $0 $0 Schematic Design $26,374 Lump sum $0 $0 $26,374 Design Development $26,262 Lump sum $0 $0 $26,262 Construction Documents $30,910 Lump sum $0 $0 $30,910 Bidding $2,626 Time & Expense $3,520 $0 $6,146 Construction Administration $29,652 Time & Expense $0 $0 $29,652 TOTAL $119,344 22002 G:\_Projects\22002\0 Scope & Fee\East Elem Roof Replacement.xlsxSUM 3 6/20/2023 AGENDA ITEM #14.A.2.Contract No. FY2019-10V, Change Order No. 22, Authorization For Architec...Page 58 of 243 DESIGN SERVICES PROPOSAL SCHEMATIC DESIGN SERVICES Project:KIBSD East Elementary Roof Replacement JYW Project No.: Exec A Cler A ACC STAFF:PMgr A-III A-II A-I Int III Int II ID-III ID-II ID-I CM-III CM-II CM-I D-II D-I EA CA A TOTAL $186 $147 $131 $115 $100 $90 $153 $121 $90 $153 $131 $100 $104 $90 $84 $42 $85 ARCHITECTURE: Project Management 8 Research / Archives 6 6 Site Visit 8 Schematic Design Dwgs 16 14 16 Project Narrative 6 4 Meetings 4 Coordination 2 Quality Control 2 2 Presentations 2 Submittal 2 Subtotal Hours 56 0 0 0 0 0 0 0 0 20 0 0 22 0 0 0 0 98 Subtotal Dollars $10,416 0 0 0 0 0 0 0 0 3,060 0 0 2,288 0 0 0 0 $15,764 CONSULTANTS: Civil Engineering Structural Engineering $9,645 Mechanical Engineering Electrical Engineering Hazardous Materials Investigation Landscape Architecture Subtotal $9,645 Overhead/Profit 10%$965 Consultants Total Labor $10,610 Subtotal Schematic Design Services LABOR $26,374 Subtotal Schematic Design Services REIMBURSABLES (see attached)$0TOTAL SCHEMATIC DESIGN SERVICES FEE $26,374 22002 Cost Estimating Architect Construction Manage.DrafterInterior Design East Elem Roof Replacement.xlsx-30 SD 8 6/20/2023 AGENDA ITEM #14.A.2.Contract No. FY2019-10V, Change Order No. 22, Authorization For Architec...Page 59 of 243 DESIGN SERVICES PROPOSAL DESIGN DEVELOPMENT DESIGN SERVICES Project:KIBSD East Elementary Roof Replacement JYW Project No.: Exec A Cler A ACC STAFF:PMgr A-III A-II A-I Int III Int II ID-III ID-II ID-I CM-III CM-II CM-I D-II D-I EA CA A TOTAL $186 $147 $131 $115 $100 $90 $153 $121 $90 $153 $131 $100 $104 $90 $84 $42 $85 ARCHITECTURE: Project Management 6 Research / Archives 2 4 Code Analysis 6 Design Development Dwgs Cover / Site Plan 2 4 Plans 4 8 Sections / Elevations 4 8 Details 18 18 Outline Specifications 6 Cost Estimate Coordination 0 Meetings / Presentations 2 Quality Control 2 Submittal 2 Subtotal Hours 54 0 0 0 0 0 0 0 0 0 0 0 42 0 0 0 0 96 Subtotal Dollars $10,044 0 0 0 0 0 0 0 0 0 0 0 4,368 0 0 0 0 $14,412 CONSULTANTS: Civil Engineering Structural Engineering $10,773 Mechanical Engineering Electrical Engineering Hazardous Materials Engineering Landscape Architecture Subtotal $10,773 Overhead/Profit 10%$1,077 Consultants Total Labor $11,850 Subtotal Construction Document Services LABOR $26,262 Subtotal Construction Document Services REIMBURSABLES (see attached)$0 TOTAL DESIGN DEVELOPMENT SERVICES FEE $26,262 Cost Estimating Interior Design 22002 Architect Construction Manage.Drafter East Elem Roof Replacement.xlsx-40 DD 9 6/20/2023 AGENDA ITEM #14.A.2.Contract No. FY2019-10V, Change Order No. 22, Authorization For Architec...Page 60 of 243 DESIGN SERVICES PROPOSAL CONSTRUCTION DOCUMENTS SERVICES Project:KIBSD East Elementary Roof Replacement JYW Project No.: Exec A Cler A ACC STAFF:PMgr A-III A-II A-I Int III Int II ID-III ID-II ID-I CM-III CM-II CM-I D-II D-I EA CA A TOTAL $186 $147 $131 $115 $100 $90 $153 $121 $90 $153 $131 $100 $104 $90 $84 $42 $85 ARCHITECTURE: Project Management 6 Research / Archives Code Analysis 4 Construction Doc Dwgs Cover / Site Plan 2 4 Plans 12 12 Sections / Elevations 6 8 Details 24 24 Specifications 16 Cost Estimate Coordination 0 Meetings / Presentations 2 Quality Control 2 Submittal 2 Subtotal Hours 76 0 0 0 0 0 0 0 0 0 0 0 48 0 0 0 0 124 Subtotal Dollars $14,136 0 0 0 0 0 0 0 0 0 0 0 4,992 0 0 0 0 $19,128 CONSULTANTS: Civil Engineering Structural Engineering $10,711 Mechanical Engineering Electrical Engineering Hazardous Materials Engineering Landscape Architecture Subtotal $10,711 Overhead/Profit 10%$1,071 Consultants Total Labor $11,782 Subtotal Design Development Services LABOR $30,910 Subtotal Design Development Services REIMBURSABLES (see attached)$0 TOTAL CONSTRUCTION DOCUMENTS SERVICES FEE $30,910 Cost Estimating 22002 Architect Interior Design Construction Manage.Drafter East Elem Roof Replacement.xlsx-50 CD 10 6/20/2023 AGENDA ITEM #14.A.2.Contract No. FY2019-10V, Change Order No. 22, Authorization For Architec...Page 61 of 243 DESIGN SERVICES PROPOSAL BIDDING AND NEGOTIATION SERVICES Project:KIBSD East Elementary Roof Replacement JYW Project No.: Exec A Cler A ACC STAFF:PMgr A-III A-II A-I Int III Int II ID-III ID-II ID-I CM-III CM-II CM-I D-II D-I EA CA A TOTAL $186 $147 $131 $115 $100 $90 $153 $121 $90 $153 $131 $100 $104 $90 $84 $42 $85 ARCHITECTURE: Project Management 2 Disc Coor/Doc Review Agency Consul/Rev Schedule Dev/Monitoring Pre Bid Meeting 2 2 Bidding Materials Addenda 4 8 Bidding/Negotiation Analysis of Alts/Subs Special Bidding Bid Evaluation Construction Contract Subtotal Hours 8 0 0 0 0 0 0 0 0 2 0 0 8 0 0 0 0 18 Subtotal Dollars $1,488 0 0 0 0 0 0 0 0 306 0 0 832 0 0 0 0 $2,626 CONSULTANTS: Civil Engineering Structural Engineering Mechanical Engineering Electrical Engineering Hazardous Materials Engineering Landscape Architecture Subtotal $0 Overhead/Profit 10%$0 Consultants Total Labor $0 Subtotal Bidding and Negotiation Services LABOR $2,626 Subtotal Bidding and Negotiation Services REIMBURSABLES (see attached)$3,520 TOTAL BIDDING AND NEGOTIATION SERVICES FEE $6,146 22002 Architect Construction Manage.DrafterInterior Design East Elem Roof Replacement.xlsx-60 Bid 11 6/20/2023 AGENDA ITEM #14.A.2.Contract No. FY2019-10V, Change Order No. 22, Authorization For Architec...Page 62 of 243 DESIGN SERVICES PROPOSAL CONSTRUCTION ADMINISTRATION SERVICES Project:KIBSD East Elementary Roof Replacement JYW Project No.: Exec A Cler A ACC STAFF:PMgr A-III A-II A-I Int III Int II ID-III ID-II ID-I CM-III CM-II CM-I D-II D-I EA CA A TOTAL $186 $147 $131 $115 $100 $90 $153 $121 $90 $153 $131 $100 $104 $90 $84 $42 $85 ARCHITECTURE: Project Management 8 Conformed Documents 4 Pre-Construction Conf 2 2 Submittal Review 16 RFIs/RFPs/CO'S 32 8 Field Ob & Report 8 2 @ 12 hours 24 Notice of Deficencies 2 Substantial Compl & Report 4 1 @ 12 hours 12 Final Completion & Report 4 1 @ 12 hours 12 As Built Drawings 4 Subtotal Hours 28 0 0 0 0 0 0 0 0 98 0 0 16 0 0 0 0 142 Subtotal Dollars $5,208 0 0 0 0 0 0 0 0 14,994 0 0 1,664 0 0 0 0 $21,866 CONSULTANTS: Civil Engineering Structural Engineering $7,078 Mechanical Engineering Electrical Engineering Hazardous Materials Engineering Landscape Architecture Subtotal $7,078 Overhead/Profit 10%$708 Consultants Total Labor $7,786 Subtotal Construction Administration Services LABOR $29,652 Subtotal Construction Administration Services REIMBURSABLES (see attached)$0 TOTAL CONSTRUCTION ADMINISTRATION SERVICES FEE $29,652 Interior Design 22002 Architect Construction Manage.Drafter East Elem Roof Replacement.xlsx-70 CA 12 6/20/2023 AGENDA ITEM #14.A.2.Contract No. FY2019-10V, Change Order No. 22, Authorization For Architec...Page 63 of 243 DESIGN SERVICES PROPOSAL REIMBURSABLE EXPENSES JYW Project No.:KIBSD East Elementary Roof Replacement JYW Project No.:22002 10 20 30 40 50 60 70 80 PHASE:Pre-D Site SD DD CD BID CA CO TOTAL TRAVEL Arch Trips 0 0 0 0 0 4 0 0 4 Cost $800 $0.00 $0.00 $0.00 $0.00 $0.00 $3,200.00 $0.00 $0.00 $3,200 Civil Trips 0 0 0 0 0 0 0 0 0 Cost $0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 Struct Trips 0 0 0 0 0 0 0 0 0 Cost $0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 Mech Trips 0 0 0 0 0 0 0 0 0 Cost $0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 Elect Trips 0 0 0 0 0 0 0 0 0 Cost $0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 Other Trips 0 0 0 0 0 0 0 0 0 Cost $0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 Subtotal $0 $0 $0 $0 $0 $3,200 $0 $0 $3,200 PER DIEM Arch No. Days 0 0 0 0 0 0 0 0 0 Civil No. Days 0 0 0 0 0 0 0 0 0 Struct No. Days 0 0 0 0 0 0 0 0 0 Mech No. Days 0 0 0 0 0 0 0 0 0 Elect No. Days 0 0 0 0 0 0 0 0 0 Other No. Days 0 0 0 0 0 0 0 0 0 Rate $0 0 0 0 0 0 0 0 0 0 Total $0 $0 $0 $0 $0 $0 $0 $0 $0 PRINTING/COPYING 11 x 17 Copy No. Sheets 0 0 0 0 0 0 0 0 0 Rate $0.25 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Letter Copy:No. Sheets 0 0 0 0 0 0 0 0 0 Rate $0.15 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total $0 $0 $0 $0 $0 $0 $0 $0 $0 SCANS Rate $0 $0 $0 $0 $0 $0 $0 $0 $0 CD's Rate $0 $0 $0 $0 $0 $0 $0 $0 $0 POSTAGE/COURIER Rate $0 $0 $0 $0 $0 $0 $0 $0 $0 MISSCELANEOUS Rate $0 $0 $0 $0 $0 $0 $0 $0 $0 ENGIN REIMB Rate $0 $0 $0 $0 $0 $0 $0 $0 $0 RENDERINGS Rate $0 $0 $0 $0 $0 $0 $0 $0 $0 OH/P 10% $0 $0 $0 $0 $0 $320 $0 $0 $320 TOTAL REIMBURSABLES $0 $0 $0 $0 $0 $3,520 $0 $0 $3,520 East Elem Roof Replacement.xlsx-Reimb 14 6/20/2023 AGENDA ITEM #14.A.2.Contract No. FY2019-10V, Change Order No. 22, Authorization For Architec...Page 64 of 243 9360 Glacier Hwy., Suite 100 · JUNEAU, ALASKA 99801 · Phone 907.586.2093 · Fax 907.586.2099 April 7, 2023 PND 222043 Corey Wall Principal Architect Jensen Yorba Wall, Inc 522 Tenth Street Juneau, Alaska 99801 Re: Kodiak East Elementary School – Roof Renovation Structural Engineering Fee Proposal Dear Corey, PND Engineers, Inc. (PND) appreciates the opportunity to assist Jensen Yorba Wall (JYW) on the Kodiak East Elementary School roof project. We understand that the owner would like to replace the roof. You would like PND to provide structural engineering design and construction administration services. In addition to the new roofing, they would like to overbuild the roof so that the existing internal gutter system can be replaced with a typical external gutter. The roof overbuilds will occur at the east ends of the 1981 and 1987 additions. The raised roofs will result in additional snow drifting at the west end of the original 1966 structure. This will likely require strengthening the roof framing in these areas for the additional load. PND’s scope of services will include developing structural calculations, plans, and details for the project. Plans will be prepared in AutoCAD and will be suitable for building permit application, soliciting quotes from material suppliers and for construction. Specifications will be in the form of structural general notes included on the plans. Construction administration services will include review of submittals and responding to contractor questions (RFI’s). At this time, we have not included any site visits during construction, but we can provide a proposal for those services upon request. Special inspection services are not included in this proposal. Structural submittals included in this proposal include the following: · 35% Schematic Design. Schematic submittal will be limited to a narrative with preliminary sketches. · 65% Design Development. · 95% Construction Documents. · 100% Construction Documents. PND will make a site visit during schematic design to confirm existing conditions and as-build existing framing. Fees PND proposes to perform the above outlined services on a time and expense basis. We will invoice our time monthly in accordance with the attached rate schedule and our expenses at cost plus 10 percent. A detailed AGENDA ITEM #14.A.2. Contract No. FY2019-10V, Change Order No. 22, Authorization For Architec...Page 65 of 243 April 7, 2023 Kodiak East Elementary School – Roof Renovation Structural Engineering Fee Proposal Page 2 9360 Glacier Hwy., Suite 100 · JUNEAU, ALASKA 99801 · Phone 907.586.2093 · Fax 907.586.2099 breakdown of our estimated fees is attached. A breakdown of the fee by task is shown below. Task 1: 35% Schematic Design $9,645 Task 2: 65% Design Development $10,770 Task 3: 95% Construction Documents $8,245 Task 4: 100% Construction Documents $2,465 Task 5: Construction Administration $7,080 Tasks 1-5 Total $38,205 Travel expenses for the site trip have not been included in this fee as they are included in our Kodiak Baler Building proposal. Should that proposal not be approved, an additional $1,800 in expenses will be required. Schedule Site visit will occur in mid-May with Bid ready documents to be completed by the end of 2023. An approval of our fee will be needed by May 1 to meet this schedule. Thank you for considering PND Engineers for this project. If you have questions or need additional information, please feel free to contact me. We look forward to working with you. Sincerely, PND Engineers, Inc. | Juneau Office Brian Nielsen, P.E, S.E. Principal/Senior Engineer AGENDA ITEM #14.A.2. Contract No. FY2019-10V, Change Order No. 22, Authorization For Architec...Page 66 of 243 Task Cost 1 Schematic Design $9,645 2 65% Design Development $10,773 3 95% Construction Documents $8,243 4 100% Construction Documents $2,468 5 Construction Administration $7,078 Total Time and Expenses Fee Estimate $38,205 PND Engineers, Inc. Engineering Services Fee Proposal - Structural Cost Summary April 7, 2023 Description Kodiak East Elementary School Roof AGENDA ITEM #14.A.2.Contract No. FY2019-10V, Change Order No. 22, Authorization For Architec...Page 67 of 243 PND Senior Engineer VI PND Senior Engineer V PND Senior Engineer III PND Senior Engineer I PND Staff Engineer III PND PLS III PND LS II PND Tech VI PND CAD Designer VI PND CAD Designer IV Line Item Costs Task Subtotal Costs Task No. Scope of Services $220.00 $200.00 $175.00 $155.00 $130.00 $142.50 $130.00 $157.50 $137.50 $105.00 1.1 Project Management: Correspondence, scheduling, budget controls, invoicing, reports, contract management, clerical.2 1 $598 1.2 Review existing structural drawings 4 $880 1.3 Preliminary Calculations 4 $880 1.4 Site Visit + Travel time 1 12 1 $2,778 1.5 Prelim Sketches 12 $2,640 1.6 Narrative 8 $1,760 $0 $0 $9,535 31 12 0 0 0 0 0 2 0 0 Quantity Unit Cost Line Item Costs 1 $100 $100 1 $10 $10 $110 $9,645 Note: Site visit expenses are inlcuded in Kodiak Baler Building proposal. Travel time is split with Kodiak Baler Building Proposal. Expenses April 7, 2023 0 PND Engineers, Inc. Kodiak East Elementary School Roof Engineering Services Fee Proposal - Structural Description Task 1 - 35% SD Total Estimated Man-hours Estimated Third Party Expenses TOTAL TIME AND EXPENSES FEE ESTIMATE 10% Markup on third party expensesAdministrative Fee Misc.Reproduction and Misc. Consumables AGENDA ITEM #14.A.2.Contract No. FY2019-10V, Change Order No. 22, Authorization For Architec...Page 68 of 243 PND Senior Engineer VI PND Senior Engineer V PND Senior Engineer III PND Senior Engineer I PND Staff Engineer III PND PLS III PND LS II PND Tech VI PND CAD Designer VI PND CAD Designer IV Line Item Costs Task Subtotal Costs Task No. Scope of Services $220.00 $200.00 $175.00 $155.00 $130.00 $142.50 $130.00 $157.50 $137.50 $105.00 2.1 Project Management: Correspondence, scheduling, budget controls, invoicing, reports, contract management, clerical.2 1 $598 2.2 Create existing structural framing plans 4 20 $3,630 2.3 Prelim foundation plan 2 4 $990 2.4 Prelim roof framing plan 4 8 $1,980 2.5 Prelim foundation details 2 4 $990 2.6 Prelim roof framing plans 4 8 $1,980 2.7 Prelim structural general notes 1 2 $495 $0 $10,663 19 0 0 0 0 0 0 1 46 0 Quantity Unit Cost Line Item Costs 1 $100 $100 1 $10 $10 $110 $10,773 Expenses Reproduction and Misc. Consumables Administrative Fee 10% Markup on third party expenses TOTAL TIME AND EXPENSES FEE ESTIMATE Misc. Task 2 - 65% DD Total Estimated Man-hours Estimated Third Party Expenses Description 0 PND Engineers, Inc. Kodiak East Elementary School Roof Engineering Services Fee Proposal - Structural April 7, 2023 AGENDA ITEM #14.A.2.Contract No. FY2019-10V, Change Order No. 22, Authorization For Architec...Page 69 of 243 PND Senior Engineer VI PND Senior Engineer V PND Senior Engineer III PND Senior Engineer I PND Staff Engineer III PND PLS III PND LS II PND Tech VI PND CAD Designer VI PND CAD Designer IV Line Item Costs Task Subtotal Costs Task No. Scope of Services $220.00 $200.00 $175.00 $155.00 $130.00 $142.50 $130.00 $157.50 $137.50 $105.00 3.1 Project Management: Meetings, correspondence, scheduling, budget controls, invoicing, reports, contract management, clerical.1 1 $378 3.2 Finalze foudnation plan 1 4 $770 3.3 Finalize roof framing plan 6 8 $2,420 3.4 Finalize foudnation detials 4 4 $1,430 3.5 Finalize roof framing details 6 8 $2,420 3.6 Finalize structural general notes 2 2 $715 $0 $0 $8,133 20 0 0 0 0 0 0 1 26 0 Quantity Unit Cost Line Item Costs 1 $100 $100 1 $10 $10 $110 $8,243 Task 3 - 95% CD 0 PND Engineers, Inc. Kodiak East Elementary School Roof Engineering Services Fee Proposal - Structural April 7, 2023 Administrative Fee 10% Markup on third party expenses. TOTAL TIME AND EXPENSES FEE ESTIMATE Total Estimated Man-hours Third Party Expenses Description Expenses Misc.Reproduction and Misc. Consumables AGENDA ITEM #14.A.2.Contract No. FY2019-10V, Change Order No. 22, Authorization For Architec...Page 70 of 243 PND Senior Engineer VI PND Senior Engineer V PND Senior Engineer III PND Senior Engineer I PND Staff Engineer III PND PLS III PND LS II PND Tech VI PND CAD Designer VI PND CAD Designer IV Line Item Costs Task Subtotal Costs Task No. Scope of Services $220.00 $200.00 $175.00 $155.00 $130.00 $142.50 $130.00 $157.50 $137.50 $105.00 4.1 Project Management: Correspondence, scheduling, budget controls, invoicing, reports, contract management, clerical.1 1 $378 4.2 Minor revisisons 4 8 $1,980 $0 $0 $0 $0 $0 $0 $0 $2,358 5 0 0 0 0 0 0 1 8 0 Quantity Unit Cost Line Item Costs 1 $100 $100 1 $10 $10 $110 $2,468 Expenses TOTAL TIME AND EXPENSES FEE ESTIMATE Administrative Fee 10% Markup on third party expenses. Misc.Reproduction and Misc. Consumables 0 PND Engineers, Inc. Kodiak East Elementary School Roof Engineering Services Fee Proposal - Structural April 7, 2023 Task 4 - 100% CD Total Estimated Man-hours Third Party Expenses Description AGENDA ITEM #14.A.2.Contract No. FY2019-10V, Change Order No. 22, Authorization For Architec...Page 71 of 243 PND Senior Engineer VI PND Senior Engineer V PND Senior Engineer III PND Senior Engineer I PND Staff Engineer III PND PLS III PND LS II PND Tech VI PND CAD Designer VI PND CAD Designer IV Line Item Costs Task Subtotal Costs Task No. Scope of Services $220.00 $200.00 $175.00 $155.00 $130.00 $142.50 $130.00 $157.50 $137.50 $105.00 5.1 Project Management: Correspondence, scheduling, budget controls, invoicing, reports, contract management, clerical.2 1 $598 5.2 Review Submittals 4 8 $1,920 5.3 Respond to RFI's 16 8 $4,560 $0 $0 $0 $7,078 22 0 0 0 16 0 0 1 0 0 Quantity Unit Cost Line Item Costs 1 $0 $0 $0 $7,078 Task 5 - CA 0 PND Engineers, Inc. Kodiak East Elementary School Roof Engineering Services Fee Proposal - Structural April 7, 2023 Administrative Fee 10% Markup on third party expenses. TOTAL TIME AND EXPENSES FEE ESTIMATE Total Estimated Man-hours Third Party Expenses Description Expenses AGENDA ITEM #14.A.2.Contract No. FY2019-10V, Change Order No. 22, Authorization For Architec...Page 72 of 243 KODIAK ISLAND BOROUGH STAFF REPORT JULY 20, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Contract No. FY2022-30E, Change Order No. 5, Authorization For The Landfill Stage 3 Closure Project With Brechan Construction LLC ORIGINATOR: Jena Hassinger, Environmental Specialist RECOMMENDATION: Move to authorize the Manager to approve Contract No. FY2022-30E, Change Order No. 5, for additional blasting and processing of shot rock for the Landfill Stage 3 Closure Project with Brechan Construction LLC in an amount not to exceed $235,000. DISCUSSION: Additional Rock On February 17, 2022, the Assembly approved a contract with Brechan Construction LLC for the Landfill Stage 3 Cover project. Part of the contract included blasting and processing of rock to use as future cover for landfill operations. The contract included a unit price of $23.50 per cubic yard for 30,000 cubic yards of processed rock. On May 5, 2022, the Assembly approved Change Order #1 which allowed for more rock to be processed. After this meeting, staff met Brechan onsite to inspect the layout of the blasting area. It was found that if design was altered, additional rock could be generated. Following discussions with Brechan and project engineer Jacobs Engineering, there is the opportunity to substantially increase the amount of processed rock remaining at completion of the project, resulting in Change Order #3 which was approved in August 2022. Based on new survey information of rock in place, it is estimated that there is approximately 108,500 cubic yards of rock available. Of that, Brechan will need approximately 17,500 cubic yards to complete the cover portion of the project. The contract included 30,000 cubic yards of shot rock at a unit price of $23.50 per cubic yard. Change Order No. 1 added an additional 28,500 cubic yards. Making changes to the blasting limits means that an additional 32,500 cubic yards may be available. This part of change order #3 is for the additional rock at the unit cost (32,500 x $23.50) totaling $763,750.00. After completion of rock processing, it was determined and additional 10,000 cubic yards of rock could be available to the KIB (depending on need for stage 3 closure work) (10,000 x $23.50) totaling $235,000. ALTERNATIVES: Take no action or do not approve the change order. Neither of these is recommended as the Landfill will need additional cover rock in the future and it is most cost effective to produce rock now when a contractor is mobilized on site. FISCAL IMPACT: Funding for this work will come from the Solid Waste Enterprise Fund. OTHER INFORMATION: AGENDA ITEM #14.A.3. Contract No. FY2022-30E, Change Order No. 5, Authorization For The Landf...Page 73 of 243 Revised 09/19 Page 1 of 1 KODIAK ISLAND BOROUGH 710 MILL BAY ROAD KODIAK, ALASKA 99615 CONTRACT CHANGE ORDER Project Name: Project Number: Landfill Stage 3 Closure 490-713 452.150 21009.5 Contractor: Brechan Construction LLC Contract No.: FY2022-30E Change Order No.: 05 Original Project Budget: $ 100,000.00 Original Contract: $ 1,948,000.00 Previous Budget Changes: $ 2,750,000.00 Previous Changes: $ 31,104.97 Adjusted Project Budget: $ 2,850,000.00 This Change: $ 235,000 To-Date Project Expenses: $ $2,516,825.20 % of Original Contract 12.06 To-Date Project Encumbrances: $ 1,111,107.60 Adjusted Contract: $ 3,716,064.44 Current Remaining Budget: $ -$777,932.80 Description of Change Cost Additional blasting and processing of shot rock for landfill cover. The contract included 30,000 cubic yards of shot rock at a unit price of $23.50 per cubic yard. CO #1 included an additional 28,500 cubic yards and CO # 3 included an additional 32,500 cubic yards at the unit price of $23.50 per cubic yard. After completion of rock processing, it was determined and additional 10,000 cubic yards of rock could be available to the KIB (depending on need for stage 3 closure work). 10,000 x $23.50 = $235,000. $235,000 The time provided for completion of the contract is (☒ unchanged) (☐increased) (☐decreased) by 365 calendar days. This document shall become an amendment to the contract and all provisions of the contract will apply thereto. Per Borough Code 3.30.100, a change order that does not exceed five percent of the original contract amount or $50,000, whichever is lower, requires approval by the mayor and deputy presiding officer, the mayor and one assembly member in the absence of the deputy presiding office, or the deputy presiding officer and one assembly member in the absence of the mayor. Change orders greater than five percent of approved contract amount or $50,000, whichever is lower, require assembly approval . Accepted By: ______________________________________________________________________________ Date: _________ Contractor’s Representative Recommended: ____________________________ Date: _________ _____________________________ Date: _________ Engineering/Facilities Director Finance Director Approved By: _____________________________ Date: _________ Attest: _________________________ Date: ________ Borough Manager Borough Clerk Mayor and Deputy Presiding Officer Approval (does not exceed five percent of the original contract amount or $50,000, whichever is lower) Approved By: _____________________________ Date: _________ _____________________________ Date: _________ Borough Mayor Deputy Presiding Officer Borough Assembly Approval (greater than five percent of approved contract amount or $50,000, whichever is lower) Approved By: _____________________________ Date: _________ Attest: ________________________ Date: _________ Borough Manager Borough Clerk AGENDA ITEM #14.A.3. Contract No. FY2022-30E, Change Order No. 5, Authorization For The Landf...Page 74 of 243 From:Jake Spalinger To:Jena Hassinger; Dave Conrad Cc:Jascha Zbitnoff; Louis Rocheleau Subject:Additional Stockpile Rock for the Landfill Stage 3 Closure Date:Friday, June 30, 2023 2:24:32 PM Attachments:image001.png Jena & Dave, We have crushed a total of 105,923.9 CY of 3” Minus Stockpile Rock. Below are my estimates for what we need to take from that quantity to finish both landfill projects, this gives us a best guess at the final stockpile quantity. We have Crushed – 105,923.9 CY Interim Cover - -4,540 CY Final Cover - -1,475 CY Access Road - -1,050 CY LTP Site Grading - -200 CY Final Stockpile - 98,658.9 CY (Estimated) We should probably do a change order up to 101K or 102K CY just in case any of the estimates are off so we don’t have to do another CO at the end. Thanks, Jake Spalinger Brechan Construction, LLC 907-486-3215 (office) 907-539-1265 (cell) 907-486-4889 (fax) AGENDA ITEM #14.A.3. Contract No. FY2022-30E, Change Order No. 5, Authorization For The Landf...Page 75 of 243 KODIAK ISLAND BOROUGH STAFF REPORT JULY 20, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Contract No. FY2024-02 Provision Of Destination Marketing And Tourism Development Services With Discover Kodiak ORIGINATOR: Meagan Christiansen, Grant Writer/Special Projects Support RECOMMENDATION: Move to authorize the Manager to approve Contract No. FY2024-02, Provision of Destination Marketing and Tourism Development Services with Discover Kodiak in the amount of $75,000. DISCUSSION: This is the annual contract with Discover Kodiak (Kodiak Island Convention & Visitors Bureau) for destination marketing and tourism development services. ALTERNATIVES: Amend the resolution Take no action FISCAL IMPACT: $75,000 from the Tourism Development fund OTHER INFORMATION: AGENDA ITEM #14.A.4. Contract No. FY2024-02 Provision Of Destination Marketing And Tourism De...Page 76 of 243 KIB Contract FY2024-02AGENDA ITEM #14.A.4.Contract No. FY2024-02 Provision Of Destination Marketing And Tourism De...Page 77 of 243 AGENDA ITEM #14.A.4.Contract No. FY2024-02 Provision Of Destination Marketing And Tourism De...Page 78 of 243 KODIAK ISLAND BOROUGH STAFF REPORT JULY 20, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Contract No. FY2024-03 A Memorandum Of Agreement Between The State Of Alaska Department Of Transportation And Public Facilities And The Kodiak Island Borough For A Sargent Creek And Russian Creek Bridges Planning And Environmental Linkages (PEL) Study ORIGINATOR: Meagan Christiansen, Grant Writer/Special Projects Support RECOMMENDATION: Move to authorize the manager to approve Contract No. FY2024-03, A Memorandum of Agreement between the State of Alaska Department of Transportation and Public Facilities and the Kodiak Island Borough for a Sargent Creek and Russian Creek Bridges Planning and Environmental Linkages (PEL) Study. DISCUSSION: Kodiak Island Borough staff worked with the Alaska Municipal League and the State of Alaska Department of Transportation and Public Utilities to submit an application to the federal FY2022 Bridge Investment Program. KIB is named as the sponsor of the project and the State committed to providing match funding and project management. The proposed project, the Kodiak Sargent Creek and Russian River Bridges Planning Study, includes a Planning and Environmental Linkages (PEL) study, hydrologic study, and other planning activities necessary for the replacement of the two bridges. The application resulted in nearly $1.3m being awarded. The Memorandum of Agreement between the State of Alaska Department of Transportation and Public Utilities and the Kodiak Island Borough details the scope of the project, the obligations of both parties and legal provisions for both parties to work together while this project is conducted. ALTERNATIVES: Amend the action Take no action FISCAL IMPACT: $0 OTHER INFORMATION: AGENDA ITEM #14.A.5. Contract No. FY2024-03 A Memorandum Of Agreement Between The State Of Al...Page 79 of 243 Page 1 of 7 MEMORANDUM OF AGREEMENT BETWEEN THE STATE OF ALASKA DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES AND THE KODIAK ISLAND BOROUGH Project: Sargent Creek and Russian Creek Bridges Planning and Environmental Linkages (PEL) Study Federal Project No.: Pending State Project No.: SFHWY00522 I. INTRODUCTION The Alaska Department of Transportation and Public Facilities (DOT&PF) and the Kodiak Island Borough (hereinafter the “Borough”) mutually agree to the terms and conditions of this Memorandum of Agreement (MOA) for the Sargent Creek and Russian Creek Bridges Planning and Environmental Linkages (PEL) Study (the “Project”). Alaska Statute 44.42.020 authorizes DOT&PF to cooperate, coordinate, and enter into agreements with the federal government and municipalities to plan, design, and construct transportation facilities. The Borough is a municipality established under Alaska Law. US Department of Transportation (USDOT) Discretionary Grant funding through the Bridge Improvement Program will participate in the Project. II. PROJECT SCOPE This project will develop a Hydrologic Study, Sediment Management Plan, and a comprehensive Planning and Environmental Linkages (PEL) Study for the Sargent Creek and Russian Creek Bridges Project, hereinafter called the "Project." The Project will examine the flooding and transportation infrastructure solutions within the floodplain of the Sargent Creek and Russian Rivers to develop project recommendations for infrastructure improvements to Sargent Creek Road, Bridges #0989 and #0990, and use that information for associated solutions to benefit state and borough transportation infrastructure within the study area, which includes the Bells Flats Subdivision. The Study will identify and involve key stakeholders to develop and prioritize solutions to avoid future road closures, erosion, flooding, and life and safety issues. Planning efforts for future modal accommodations will be guided by PEL study findings. The Project will bring together all the community and agency stakeholders for project recommendations that cross land ownership boundaries. PEL Study Opportunities include: AGENDA ITEM #14.A.5. Contract No. FY2024-03 A Memorandum Of Agreement Between The State Of Al...Page 80 of 243 Page 2 of 7 a. Help identify the best location for the bridges, and other bridge related recommendations. b. Provide recommendations for Borough-owned transportation infrastructure. c. Develop a hydrologic study d. Develop a sediment management plan e. Identify all problems/issues f. Identify objectives to satisfy (i.e. erosion protection) g. Identify opportunities for partnership or mutual gain (i.e. marketable gravel, partnerships for project recommendations that cross land ownership boundaries, etc.) III. PARTIES OBLIGATIONS The Parties agree to accept the following responsibilities. 1. Department Obligations: The Department shall provide professional planning, environmental, engineering and project management services for the project. The Department may procure a qualified private consulting firm (Consultant) to complete part or the whole of the PEL Project. The Department will retain contract administration and monitoring in accordance with 23 CFR 172. This includes managing Consultant(s) performance when conducting site investigations, field surveys, preparing right of way base map(s), preparing environmental documents, conducting meetings with the public and public agencies, utilities coordination, and other activities required for preparation and acceptance of the PEL Study. The Department is responsible to fulfill the obligations and responsibilities outlined in this MOA even when the Consultant performs the services. a. To ensure compliance with the Department's procurement process and requirements: i. The Department will submit the final draft procurement documents to the Borough for review prior to advertising the Request for Proposals. ii. A minimum of one Borough representative will be a scoring member of the evaluation committee. iii. The Department will coordinate with the Borough while drafting the Scope of Work for the Consultant. Scope will not be changed without coordinating with the Borough. b. The Department will, at its discretion, request Federal Highway Administration (FHWA) concurrence for the Scope of Work of the Professional Services Agreement and any amendments. AGENDA ITEM #14.A.5. Contract No. FY2024-03 A Memorandum Of Agreement Between The State Of Al...Page 81 of 243 Page 3 of 7 i. Coordination with Statewide Environmental Office (SEO) and FHWA, including submittal of any documents and the Final PEL Study, will be done through the Department. c. The Department shall work with involved parties to develop a Project Management Plan, Purpose and Need for the PEL study, decisional matrices for evaluation of recommendations, hydrologic study, and other components. e. The Department will prepare or oversee any Studies (hydrologic, traffic, etc.) required for the PEL Study in coordination with the Borough. The Borough may comment on the project's analyses. The Department or the Borough may reject a proposed alternative if the Department or Borough determines that the alternative's impact to roadways would be unacceptable. f. The analysis of alternatives and the public process shall identify major issues that may arise during subsequent Environmental Review and shall detail any study required to design a project resulting from the PEL Study. g. All work shall be completed in accordance with the current editions of the following manuals, specifications, directives, and standards adopted by the Department: • DOT &PF Alaska Highway Preconstruction Manual, and any guidelines referenced therein • DOT &PF Alaska Standard Specifications for Highway Construction • DOT &PF Alaska Environmental Procedures Manual • DOT&PF Alaska Right-of-Way Manual • DOT &PF Alaska Highway Drainage Manual • DOT &PF Alaska Geotechnical Procedures Manual • DOT &PF Alaska Flexible Pavement Design Manual • DOT &PF Alaska Traffic Manual • DOT &PF Alaska Sign Design Specifications • DOT &PF Alaska Standard Drawings Manual • DOT &PF Alaska Utilities Manual • DOT&PF Chief Engineer's Directives • DOT &PF Southcoast Region's Design Directives • DOT &PF Southcoast Region CADD Data Standards The Department will provide status reports to the Borough electronically. The Borough will route any questions concerning the status reports through the Department. The Department and the Borough will be available to discuss the reports upon request. The Borough will be asked to provide feedback on the Plan and will be provided a copy of the final document. The Department will meet review deadlines or notify the Borough of their inability to meet a deadline at least five days before the deadline. If a deadline is less than five days away, the Department will notify the Borough of their inability to make the deadline as soon as possible. AGENDA ITEM #14.A.5. Contract No. FY2024-03 A Memorandum Of Agreement Between The State Of Al...Page 82 of 243 Page 4 of 7 For the purposes of this section, a "day" is a single day in a five-day work week, Monday through Friday, 8:00 am to 4:30 pm Alaska Time, not including State or Borough holidays. 2. BOROUGH Obligations: The Borough shall collaborate with the Department, monitor the progress of the work, and review all major deliverables submitted to the Department. The Borough will meet review deadlines or notify the Department of their inability to meet a deadline at least five days before the deadline. If a deadline is less than five days away, the Borough will notify the Department of their inability to make the deadline as soon as possible. For the purposes of this section, a "day" is a single day in a five-day work week, Monday through Friday, 8:00 am to 4:30 pm Alaska Time, not including State or Borough holidays. Unless otherwise specifically authorized, the Department will submit all documents and permit applications requiring State or Federal agency reviews and approval. During the development of the PEL study, any materials requiring Borough submission, reviews or approvals will be routed through the Department. IV. BUDGET AND SCHEDULE The parties understand that the budget for this project is a fixed amount as provided for through the Bridge Investment Program USDOT Grant. BIP Grant Funds 1,288,000 State Match 322,000 Total 1,610,000 In the event that Study costs exceed the budget, the Parties will confer to identify scope reductions and/or seek additional funding. The schedule of deliverables will be set forth in the Statement of Work. The Department and Borough may agree to adjust the schedule. Project timeline and end dates shall be identified prior to project start and be mutually agreed to. V. TERMINATION Subject to 30 calendar days' notice, either party may terminate this agreement at any time. Upon termination of this agreement or completion of the project, all project related materials shall be delivered to the Borough if requested. A. Termination or Cancellation Remedies: 1. If the Borough requests termination of the MOA or cancellation of any professional services or consultant contract entered into by the DOT &PF, the Borough shall be AGENDA ITEM #14.A.5. Contract No. FY2024-03 A Memorandum Of Agreement Between The State Of Al...Page 83 of 243 Page 5 of 7 responsible for those costs not accepted for reimbursement by the Federal Highways Administration (FHWA), amounts the State expects to be reimbursed for, and any other costs or expenses incurred by the Borough or the DOT &PF in the Project to the date of cancellation or related to finalizing cancellation and Project termination. 2. If the DOT &PF is the primary cause of the termination of the MOA or cancellation of any professional services or consultant contract, the DOT &PF shall bear those costs not accepted for reimbursement by the FHWA, amounts the State expects to be reimbursed for, and any other costs or expenses incurred by the Borough or the DOT &PF in the Project to the date of cancellation or related to finalizing cancellation and Project termination. 3. If it is determined that the cancellation was caused by third parties or circumstances beyond the control of the DOT&PF or the Borough, the parties shall meet in good faith to negotiate a fair and equitable allocation of responsibility for those costs not accepted for reimbursement by the FHWA, amounts the State expects to be reimbursed for, and any other costs or expenses incurred by the Borough or the DOT &PF for the Project to the date of cancellation or related to finalizing cancellation and Project termination. 4. The foregoing remedies are in addition to any other remedies referenced in this MOA, and do not bar or limit the parties from resorting to any other remedy available at law or equity. VI. MISCELLANEOUS PROVISIONS: 1. Amendment or modification of Agreement: This MOA may only be modified or amended by written agreement signed by authorized representatives for both Parties. 2. The Whole Agreement: This MOA constitutes the entire agreement between the Parties. There are no other understandings or agreements between the Parties, either oral or memorialized in writing regarding the matters addressed in this MOA. This MOA may not be amended by the Parties unless an amendment is agreed to in writing, with both Parties signing through their authorized representatives. 3. Assignment: Without the prior written consent of the DOT&PF, this MOA is not assignable by the Borough either in whole or in part. 4. Third Parties and Responsibilities for Claims: Nothing in this MOA shall be construed as conferring any legal rights, privileges, or immunities, or imposing any legal duties or obligations, on any person or persons other than the Parties named in this MOA, whether such rights, privileges, immunities, duties, or obligations be regarded as contractual, equitable, or beneficial in nature as to such other person or persons. Nothing in this MOA shall be construed as creating any legal relations between the DOT &PF and any person performing services or supplying any equipment, materials, goods, or supplies for the PEL Study. 5. Duty of Cooperation: The parties agree to cooperate in good faith with inquiries and requests for information relating to the PEL Study or their obligations under this MOA. 6. Necessary Approvals: In the event that any election, referendum, ordinance, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Borough to enter into this MOA or to undertake the PEL Study, or to AGENDA ITEM #14.A.5. Contract No. FY2024-03 A Memorandum Of Agreement Between The State Of Al...Page 84 of 243 Page 6 of 7 observe, assume or carry out any of the provisions of the MOA, the Borough will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 7. Joint Drafting: This MOA has been jointly drafted by the Parties, and each party has had the ability and opportunity to consult with its legal counsel prior to signature. The MOA shall not be construed for or against either party. 8. Third Party Beneficiary Status: The Borough is not an intended beneficiary of any contracts between the DOT &PF and any contractors, subcontractors or consultants or any other third parties, and has no contractual rights with respect to such contracts or any provisions thereof, unless expressly stated otherwise herein. 9. Counterparts: This Agreement may be executed in any number of counterparts, each of which shall be deemed an original. The counterparts shall together constitute but one agreement. Any signature on a copy of this Agreement or any document necessary or convenient thereto sent electronically or by facsimile shall be binding upon transmission and the electronic or facsimile copy may be utilized for the purposes of this Agreement. VII. NOTICE: Any request, demand, authorization, direction, notice, consent or waiver provided or permitted to be made upon, given by, or furnished to, DOT &PF and Borough shall be sufficient for every purpose hereunder if in writing and delivered by e-mail and addressed as noted below: For DOT&PF Bran Pollard bran.pollard@alaska.gov OR other representatives as designated in writing. For the KODIAK ISLAND BOROUGH Aimee Williams awilliams@kodiakak.us OR other representative as designated in writing. The foregoing contacts and addresses may be changed by either party by giving to the other party the same type of notice described above providing a substitute contact person and address. Any such notice or other document shall be deemed to be received as of five days after the date sent by e-mail. AGENDA ITEM #14.A.5. Contract No. FY2024-03 A Memorandum Of Agreement Between The State Of Al...Page 85 of 243 Page 7 of 7 IN WITNESS WHEREOF, the undersigned, having full authority to enter this Agreement, acknowledge, and sign INTENDING TO BE LEGALLY BOUND. STATE OF ALASKA, DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES Signed:______________________ Dated:___________ Christopher Goins Director, Southcoast Region SUBSCRIBED AND SWORN TO OR AFFIRMED before me by Christopher Goins, Director of Southcoast Region, Alaska Department of Transportation & Public Facilities, an agency established under Alaska law, on this ___ day of ________, 2023. _________________________ Notary Public, State of Alaska My commission expires_________________ KODIAK ISLAND BOROUGH Signed:______________________ Dated:___________ Aimee Williams, Borough Manager Kodiak Island Borough SUBSCRIBED AND SWORN TO OR AFFIRMED before me by Aimee Williams, who is Borough Manager of the Kodiak Island Borough, which is established under Alaska law, on this ___ day of _________, 2023. _________________________ Notary Public, State of Alaska My commission expires_________________ AGENDA ITEM #14.A.5. Contract No. FY2024-03 A Memorandum Of Agreement Between The State Of Al...Page 86 of 243 KODIAK ISLAND BOROUGH STAFF REPORT JULY 20, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Contract No. FY2024-05 Memorandum Of Agreement Between Kodiak Island Borough And The Kodiak Island Borough School District To Redirect Money From Main Elementary Roof Project To Tremco Walking Patch Project And North Star Roof And Skylight Replacement Project ORIGINATOR: Dave Conrad, E&F Director/Admin Official RECOMMENDATION: Move to authorize Manager to execute Contract No. FY2024-05 memorandum of agreement between the Kodiak Island Borough and the Kodiak Island Borough School District to redirect money from Main Elementary Roof Project to Tremco Walking Patch Project and North Star Roof and Skylight Replacement Project. DISCUSSION: The Kodiak Island Borough School District (KIBSD) set aside money to reimburse the Kodiak Island Borough (KIB) for the Main Elementary Roof Project. There are monies remaining in that the KIBSD and the KIB would like to redirect the use of those funds towards two projects. The first project would for the KIBSD to hire Tremco to do a Walking Patch Project on all school roofs that need repairs to help eliminate any additional internal damage being caused by leaking. This project is estimated to cost about $125,000. The second use of the funds would go towards the design of North Star Roof and Skylight replacement. The design is estimated to be $99,423.00 as provided by the proposal by Jensen Yorba Wall. And the additional $588,839.61 funds available after the design is completed would be allotted to go to the bid and construction phase of the project. Main Elementary Roof Replacement Funding KIBSD Reimbursement: $1,500,000 (Per MOA) Expenditures Friend Contractor Awarded Contract: $620,088 JYW Design and SDC Services: $64,560 KIB Admin: $2,089.39 Total: $686,737.39 Per KIB EF Staff calculations there should be $813,262.61 remining per the MOA with KIBSD. If we subtract the following: Tremco Walking Patch: $125,000 AGENDA ITEM #14.A.6. Contract No. FY2024-05 Memorandum Of Agreement Between Kodiak Island Bor...Page 87 of 243 KODIAK ISLAND BOROUGH STAFF REPORT JULY 20, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough North Star Roof & Skylight Design: $99,423 We would be able to allocate the remining $588,839.61 to the future construction on the North Star Elementary Roof and Skylight Replacement. North Star Windows & Siding History of Funding & Expenses: The other source of funding that has been discussed among KIB and KIBSD was the remaining DEED/Bond Windows and Siding Star the North used was that funds redirected for Replacement Project (outlined below). But according to EF Staff calculations we are going to be short on this project by $16,755. North Star Siding & Windows Replacement Phase I & II Funding Sources DEED Redirect $997,288 minus "other funds" $129,821 Total: $867,467 Expenditures Wolverine Awarded Contract: $787,000 JYW Design and SDC Services: $97,222 Total: $884,222 ALTERNATIVES: Redirect funds elsewhere. FISCAL IMPACT: This redirect would be invoiced to the KIBSD until the remaining funds available have been fully expended. OTHER INFORMATION: AGENDA ITEM #14.A.6. Contract No. FY2024-05 Memorandum Of Agreement Between Kodiak Island Bor...Page 88 of 243 CONTRACT FY2024-05 MEMORANDUM OF AGREEMENT (MOA) BETWEEN THE KODIAK ISLAND BOROUGH AND THE KODIAK ISLAND BOROUGH SCHOOL DISTRICT REGARDING THE NORTH STAR ELEMENTARY SCHOOL ROOF SKYLIGHT REPLACEMENT PROJECT RECITALS WHEREAS, AS 14.14.060(f) provides that the borough school board shall provide custodial services and routine maintenance for school buildings and shall appoint, compensate, and otherwise control personnel for these purposes and the borough assembly through the borough administrator, shall provide for all major rehabilitation, all construction and major repair of school buildings; and WHEREAS, the Kodiak Island Borough and the Kodiak Island Borough School District executed a MOA in April of 2022 for the replacement of the Main Elementary roof which was completed in 2022 with a balance of unspent funds of $813,262.61; and WHEREAS, the Kodiak Island Borough School District would like to redirect $688,262.61 of the remaining funds from the previous MOA to do repairs on the North Star Roof and Skylight Replacement Project. and the Kodiak Island Borough School District will use the remaining $125,000 to complete repairs on other school roofs. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: SECTION 1. PURPOSE: This Memorandum of Agreement (Agreement) outlines the terms under which the Kodiak Island Borough (Borough) agrees to perform the North Star Roof and Skylight Replacement Project (Project) using funds provided by the Kodiak Island Borough School District (District). The Borough shall manage all aspects of the Project and coordinate with the District as provided in this Agreement. SECTION 2. TITLE OF PROJECT: The Project shall be identified as the "North Star Roof and Skylight Replacement Project". SECTION 3. AGREEMENT EFFECTIVE DATE: This Agreement shall be effective upon execution of this Agreement by the Manager of the Borough and the Superintendent of the District. SECTION 4. AGREEMENT TERMINATION DATE: This Agreement shall be terminated upon completion of the Projects. SECTION 5. FUNDING SOURCE: The parties recognize that the Borough has the authority and duty to provide for all major rehabilitation, construction, and major repair of school buildings. Commonly, the funding for such projects comes from either State of Alaska or Borough funding sources or both. The funding for this project is being provided by the District from the remaining funds from the previous MOA regarding Main Elementary Roof Replacement Project Operating Budget funds, and as such must be encumbered or expended by the District before the end of FY 2024. If the project bids, including a reasonable contingency and administrative expenses (collectively "Project Costs") exceed this amount, the Borough and District will confer and if the District declines to provide sufficient funds to cover the total expected Project Costs, the Borough may cancel the procurement, cease work on the Project. Reimbursement of Borough expended Project Costs will be transferred to the Borough from the District through Central Treasury upon receipt of invoices. AGENDA ITEM #14.A.6. Contract No. FY2024-05 Memorandum Of Agreement Between Kodiak Island Bor...Page 89 of 243 CONTRACT FY2024-05 SECTION 6. RESPONSIBILITIES OF BOROUGH: The Borough shall: A. Engage design professionals as necessary; B. Supervise the design and bidding of the Project; C. Obtain any required design approvals and permits approvals; D. Select the methodology to accomplish the Project, coordinating project scheduling with the District; E. Conduct the procurement and engage a construction contractor; F. Supervise the construction of the Project; G. Cooperate with the District concerning the submission of any required reports or documentation regarding the Project; H. The borough will invoice the District for the cost of administration of the project. I. Comply with the terms of all laws governing the expenditure of funds including, but not limited to, the provisions in Titles 14 and 36 of the Alaska Statutes; J. Provide the District with a copy of all agreements that the Borough enters regarding the Project; and K. Provide the District with a final accounting for the project and copy of all reports and audits relating to the Project. SECTION 7. RESPONSIBILITIES OF THE DISTRICT: The District shall: A. Fund $688,262.61 toward the projects defined in the agreement ($813,262.61 minus $125,000 allocated for the District to perform repairs on other roofs); B. Cooperate with the Borough in the scheduling and implementation of the Project; and C. Cooperate with the Borough concerning any information required to conduct the Project. D. Reimburse the Borough within 30 days of receipt of invoices. AGENDA ITEM #14.A.6. Contract No. FY2024-05 Memorandum Of Agreement Between Kodiak Island Bor...Page 90 of 243 CONTRACT FY2024-05 SECTION 8. AMENDMENT: This contract shall only be amended, modified, or changed by writing, executed by authorized representatives of the parties. For any amendment modification or change to the terms and conditions of this contract, the only authorized representatives of the parties are: Kodiak Island Borough Kodiak Island Borough School District Borough Manager Superintendent 710 Mill Bay Road 722 Mill Bay Road Kodiak, AK 99615 Kodiak, AK 99615 SECTION 9. TERMINATION: This Agreement may be terminated by mutual consent. This Agreement may be terminated by the Borough after due notice if the District fails to provide funds reasonably required for the Project in accordance with section 5. SECTION 10. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Borough and the District as to the matters stated herein. It supersedes all prior oral and written understandings and agreements as to such matters. It may be amended supplemented, modified, or canceled only by a duly executed written instrument. It shall bind the Borough and the District, its successors, executors, administrators, assigns, and legal representatives. DATED the day and year last written on the acknowledgement pages. AGENDA ITEM #14.A.6. Contract No. FY2024-05 Memorandum Of Agreement Between Kodiak Island Bor...Page 91 of 243 CONTRACT FY2024-05 ACKNOWLEDGEMENTS The District: KODIAK ISLAND BOROUGH SCHOOL DISTRICT By: _________________________________ Name: _________________________________ Title: _Superintendent____________________ Date: _________________________________ ATTEST: By: _________________________________ Name: _________________________________ Title: _________________________________ Date: _________________________________ The Borough: KODIAK ISLAND BOROUGH By: _________________________________ Name: _Aimee Williams ___________________ Title: _Borough Manager__________________ Date: _________________________________ ATTEST: By: _________________________________ Name: _Nova M. Javier ___________________ Title: _Borough Clerk____________________ Date: _________________________________ AGENDA ITEM #14.A.6. Contract No. FY2024-05 Memorandum Of Agreement Between Kodiak Island Bor...Page 92 of 243 CONTRACT FY2024-05 DISTRICT ACKNOWLEDGMENTS STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ____ day of ______________, 2023, before me, the undersigned, a notary public in and for the State of Alaska, duly commissioned and sworn, personally appeared ___________________________________, to me known to be the Superintendent of the Kodiak Island Borough School District, a municipal corporation, the corporation which executed the above and foregoing instrument; who on oath stated that he was duly authorized to execute said instrument on behalf of said corporation; who acknowledged to me that he signed the same freely and voluntarily on behalf of said corporation for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certificate first above written. ________________________________ (Seal) NOTARY PUBLIC FOR ALASKA My Commission Expires: ____________ STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ___ day of ____________, 2023, before me, the undersigned, a notary public in and for the State of Alaska, duly commissioned and sworn, personally appeared _____________________________________, to me known to be the ________________________ of the Kodiak Island Borough School District, a municipal corporation, the corporation which executed the above and foregoing instrument; who on oath stated that she was duly authorized to execute said instrument on behalf of said corporation; who acknowledged to me that she signed the same freely and voluntarily on behalf of said corporation for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certificate first above written. ________________________________ (Seal) NOTARY PUBLIC FOR ALASKA My Commission Expires: ____________ AGENDA ITEM #14.A.6. Contract No. FY2024-05 Memorandum Of Agreement Between Kodiak Island Bor...Page 93 of 243 CONTRACT FY2024-05 BOROUGH ACKNOWLEDGMENTS STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ____ day of ______________, 2023, before me, the undersigned, a notary public in and for the State of Alaska, duly commissioned and sworn, personally appeared Aimee Williams, to me known to be the Borough Manager of the Kodiak Island Borough, a municipal corporation, the corporation which executed the above and foregoing instrument; who on oath stated that he was duly authorized to execute said instrument on behalf of said corporation; who acknowledged to me that he signed the same freely and voluntarily on behalf of said corporation for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certificate first above written. ________________________________ (Seal) NOTARY PUBLIC FOR ALASKA My Commission Expires: ____________ STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ___ day of ____________, 2023, before me, the undersigned, a notary public in and for the State of Alaska, duly commissioned and sworn, personally appeared Nova M. Javier, to me known to be the Borough Clerk of the Kodiak Island Borough, a municipal corporation, the corporation which executed the above and foregoing instrument; who on oath stated that she was duly authorized to execute said instrument on behalf of said corporation; who acknowledged to me that she signed the same freely and voluntarily on behalf of said corporation for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certificate first above written. ________________________________ (Seal) NOTARY PUBLIC FOR ALASKA My Commission Expires: ____________ AGENDA ITEM #14.A.6. Contract No. FY2024-05 Memorandum Of Agreement Between Kodiak Island Bor...Page 94 of 243 MEMORANDUM AGREEMENT BETWEEN BOROUGH Ag ISLAND BOROISJD DISTRICT RE AR IN ELEMENTARY REPLACEMENT PROJECT RECITALS WHEREA_S,AS 14.14,O60(f?1provides that the Borough Assembly,throufghtheBorough Manager, shall provide for all major re abilitation,construction,and major repair 0 school buildings;and WHEREAS,the Kodiak IslandBorough SchoolDistrict_has identi?edrepair of the siding at Main Elementary School as a major maintenance project it desires to initiate during FY 2022;and WHEREASthe Kodiak|_s|and.Borough School District has funds availablefrom its FY 2022 Operating Budgetwhichit desires to encumber or expend on the Main Elementary School Roof Replacement roject prior to the end of the ?scal year;and WHEREAS,the Assembly ?n_ds that it is in the best interest of the Kodiak |_sland B_orou h for the _Borough to undertakethe Main Elementary School Roof Replacement Project during F 2022 using the funds provided by the School District. NOW,THEREFORE,THE PARTIES AGREE AS FOLLOWS: SECTION 1.PURPOSE: This Memorandum of Agreement (Agreement)outlines the terms under which the Kodiak Island BoroughBo_rou h)agrees to perform the Main Elementaryschool Ro_of_Re6)_|a_cementProjec(ro ectgsingfundsprovidedbtheKodiak|slandBorou%lSchoolDistrict(_istrict).‘The/liorougtshtalmanagallaspectsofthe rojectandcoordinatoivit theDistrictasprovidednthis greemen . SECTION 2.TITLE OF PROJECT: The Project shall be identified as the "Main Elementary School Roof Replacement Project". SECTION 3.AGREEMENT EFFECTIVE DATE: This Agreement shall be effective upon execution of this Agreement by the Manager of the Borough and the Superintendent of the District. SECTION 4.AGREEMENT TERMINATION DATE: This Agreement shall be terminated upon completion of the Projects. SECTION 5.FUNDING SOURCE: The parties recognize that the Borough has the authority and duty to provide for all major rehabilitation,construction.and major repair of school buildings.Commonly,the funding for such projects comes from either State of Alaska or Borough funding sources or both.The funding for this project is being provided by the District from FY 2022 Operating Budget funds,and as such must be encumbered or expended before the end of FY 2022.The District has allocated $1,5000,000.00 for the Project.If the project bids,including a reasonable contingency and administrative expenses AGENDA ITEM #14.A.6. Contract No. FY2024-05 Memorandum Of Agreement Between Kodiak Island Bor...Page 95 of 243 (collectively “Project Costs")exceed this amount,the Borough and District will confer and ifthe District declines to provide suf?cient funds to cover the total expected Project Costs,the Borough may cancel the procurement,cease work on the Project and return unexpended balance less the Borough's costs to tléatpoint.Funds will be transferred to the Borough through Central Treasury upon receipt of ven or invoices. SECTION 6.RESPONSIBILITIES OF BOROUGH: The Borough shall: A.Engage design professionals as necessary; B.Supervise the design and bidding of the Project; Obtain any required design approvals and permits approvals; Select the methodology to accomplish the Project,coordinating project scheduling with the District; Conduct the procurement and engage a construction contractor; Supervise the construction of the Project; Cooperate with the District concerning the submission of any required reports or documentation regarding the Project; Provide for administration of monies that fund the Project; Comply with the terms of all laws governing the expenditure of funds including,but not limited to,the provisions in Titles 14 and 36 of the Alaska Statutes; Provide the District with a copy of all agreements that the Borough enters into regarding the Project;and Provide the District with a final accounting for the project and copy of all reports and audits relating to the Project. SECTION 7.RESPONSIBILITIES OF THE DISTRICT: The District shall: A.Fund $1,500,000.00 toward the projects defined in the agreement; B.Cooperate with the Borough in the scheduling and implementation of the Project;and AGENDA ITEM #14.A.6. Contract No. FY2024-05 Memorandum Of Agreement Between Kodiak Island Bor...Page 96 of 243 Cooperate with the Borough concerning any information required to conduct the Project. SECTION 8.AMENDMENT: This contract shall only be amended,modi?ed or changed by writing,executed by authorized representatives of the parties.For the purpose of any amendment modi?cation or change to the terms and conditions of this contract,the only authorized representatives of the parties are: Kodiak Island Borough Kodiak Island Borough School District Borough Manager Superintendent 710 Mill Bay Road 722 Mill Bay Road Kodiak,Alaska 99615 Kodiak,Alaska 99615 SECTION 9.TERMINATION: This A reement may be terminatedby mutualconsent.This Agreement may be terminated _by theBorouafter_due noticeif the District fails to provide funds reasonablyrequired for the Project in accor ance with section 5. SECTION 10.ENTIRE AGREEMENT: This Agreement constitutesthe entire agreement between the Borough and the District as to the matters stated herein.It supersedes all prior oral and writtenunderstandings and agreements as to such matters.It may be amended supplemented,modified or,ca,nce|_ed only by a duly executed written instrument,It shall bind the Borough and the District,its successors,executors, administrators,assigns and legal representatives. DATED the day and year last written below. ' Roxanne Murphy,Boroug Manager Kodiak Island Borough I 4"”1 AGENDA ITEM #14.A.6. Contract No. FY2024-05 Memorandum Of Agreement Between Kodiak Island Bor...Page 97 of 243 BOROUGH ACKNOWLEDGMENTS STATE OF ALASKA )ss. THIRD JUDICIAL DISTRICT +’\. THIS IS TO CERTIFY that on this 45 day of ,2022,before me,the undersigned,a notary public in and for the State of Alaska,duly com issioned and sworn,personally appeared Roxanne Murphy,to me known to be the Borough Manager of the Kodiak Island Borough, a municipal corporation,the corporation which executed the above and foregoing instrument;who on oath stated that he was duly authorized to execute said instrument on behalf of said corporation; who acknowledged to me that he signed the same freely and voluntarily on behalf of said corporation for the uses and purposes therein mentioned. _e day and year in the certificate first above written. C NOTAR§%UBL|CFORALASKAsubd‘“ska My Commission Expires:may 933'7,3}; THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this i y ,%?QQI,2022,before me,the undersigned,a notary public in and for the State of Alaska,duly co missioned and sworn,personally appeared -klTs'e‘R-ice,to me known to be the Borough Clerk of the Kodiak Island Borough,a municipal corporation,the corporation which executed the above and foregoing instrument;who on oath stated that she was duly authorized to execute said instrument on behalf of said corporation;who acknowledged to me that she signed the same freely and voluntarily on behalf of said corporation for the uses and purposes therein mentioned. WITNESS my hand and of?cial seal the day and year in the certificate first above written. ----.’.r1r/4zi7::; 'I P”."‘ I *E‘"FORALASKA CAR”o°taL'|!NACRUz My Commission Expires:M47 -&g_ZJ?/’l/ 'Stateof/tlaska _ by MymissionExpIrasMay23.2022* AGENDA ITEM #14.A.6. Contract No. FY2024-05 Memorandum Of Agreement Between Kodiak Island Bor...Page 98 of 243 DISTRICT ACKNOWLEDGMENTS STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT M . THIS IS TO CERTIFY that on this §_day of A90I2022,before me.the undersigned,a notary public in and for the State of Alaska,duly commi sioned and sworn,personally appeared Dr. Larry LeDoux,to me known to be the Superintendent of the Kodiak Island Borough School District,which executed the above and foregoing instrument;who on oath stated that he was duly authorized to execute said instrument on behalf of the District;who acknowledged to me that he signed the same freely and voluntarily on behalf of the District for the uses and purposes therein mentioned. WITNESS my hand agd of?cial seal the day and year I certificate ?rst abov wmen. “it./1%;/22W/5 -"~'NTARY PUBLIC F0 ALASK My Commission Expires: AGENDA ITEM #14.A.6. Contract No. FY2024-05 Memorandum Of Agreement Between Kodiak Island Bor...Page 99 of 243 Weatherproofing Technologies, Inc. 3735 Green Road · Beachwood, Ohio 44122 · 216-292-5000 WEATHERPROOFING TECHNOLOGIES, INC. LINE ITEM PRICING Contract #: IFB #021-D PROJECT COST PROPOSAL THROUGH KCDA BID #021-D PROPOSAL 5056737 CUSTOMER KODIAK SCHOOL DISTRICT DATE 6/6/2023 722 MILL BAY ROAD, KODIAK ALASKA, 99615 PROJECT 2023 WALK AND PATCH SCOPE Chiniak School: Install backed-out and missing fasteners with new grommeted fasteners. Aluminum coat oxidized rooftop vents Clean mastic from the roof and seal with solar guard seam sealer and fabric Tape all work prior to application. Clean shingle roof free of algae and clear gutters Reattach equipment tie-off lines. Reinstall displaced metal flashings. Set flashing in butyl and secure with a grommeted fastener. Cut trees back from the roof line Make miscellaneous sealant repairs where missing NOTE: no façade work is included in this option. East Elementary School: Low-slope: Probe all seams and repair open seams with primer and 6” semi-cured cover stripping. Clean roof free of dirt and debris. Scan the roof for wet insulation utilizing a deck scanner. Repair holes and slices as we uncover wet areas. Make miscellaneous sealant repairs. Steep-Slope: Clean trough free of dirt and debris. Wash out the trough with a scrub brush and water Make repairs to the trough as uncovered with 6” covered tape. Removed backed-out fasteners and replace them with new grommeted fasteners. Administration Roof: Seal perimeter joints Probe all field seams Clean debris from the roof surface Middle school: Conduct dec scan on all roof levels Billowing walls, cut relax, and reinstall flashing with slip metal. Clean the roof of debris. Caulk as necessary Repair gutter troughs &fasteners Oxidized hoods North Star: Probe seams Clean roof Make sealant repairs Fix expansion joint with tape 6” Old Harbor: Secure metal flashings as necessary Fiberglass hood repair Delaminated base flashing. Sealant repairs Bid Item Number Description of Cost Factors Unit of Measure Price Quantity Project Amount 0690911EU06 EPDM SEMI-CURED COVER TAPE 6"X100' 2/CS CS 997.63$1 997.63$ 876451 309 TREMSEAL PRO ALUMINUM STONE - 30 CTG/CS CS 396.63$1 396.63$ 230006R PERMAFAB 6 X 300' ROLL ROL 83.14$3 249.41$ 876452 309 TREMSEAL PRO BRONZE- 30 CTG/CS CS 396.63$1 396.63$ 49205 GEOGARD SEAM SEALER 5 GAL EA 666.82$2 1,333.64$ 301050A ALUMANATION 301 5 GL EA 229.49$1 229.49$ 492R333 GEOGARD SEAM SEALER 850ML TUBES 12/CS CS 396.63$2 793.26$ 400 Additional and occasional services Roofing supplies Discount off Retail Price List % of Discount 13.40%4,396.68$ 533 Installer Per Hour 187.10$360 67,356.00$ 372 Roof inspection services (visual inspection of roofing service/membrane, flashings, counterflashings, copings, parapets, trims, hatches, penetrations, curbs, roof-mounted equipment, etc. with a written report of findings and recommendations Day 868.35$15 13,025.25$ SUBTOTAL 80,381.25$ 540 Per diem rate - meals and lodging per 24 hour period Per Day 162.50 45 7,312.50$ 387 Project site is located 65 or more miles from the contractor's/subcontractor's yard/home location SF 0.83$30,000 24,900.00$ 523 Building/Construction Manager Per Hour 218.44$8 1,747.52$ 546 R.S. Means Multiplier/Factor - Normal Hours - Prevailing Wage Rates Percent 92.00%6,073.85$5,587.94$ FREIGHT PREPAID & ADD:-$ SUBTOTAL 124,325.89$ 509 Performance and payment bond - bonding rate (percent of project)%0.40%497.30$ TOTAL PROJECT COST 124,823.20$ * The pricing contained in this proposal is based in part on individual site- specific conditions and unique circumstances presented on each individual project, where applicable. * Multiple proposals may not be combined into one Purchase Order or Contract due to Prevailing Wage Laws. Separate Purchase Orders or Contracts will need to be issued for each Line Item Proposal. Effective 01/01/2023 This price is valid for 60 days. After that time, project conditions are subject to reassessment. AGENDA ITEM #14.A.6. Contract No. FY2024-05 Memorandum Of Agreement Between Kodiak Island Bor...Page 100 of 243 Cost Estimate Report Unit Detail Report David Bloodsaw WTIPrepared By: Year 2021 Quarter 4 5056737 Kodiak Island Means Date: 06/06/2023 Ext. Total Incl. O&PTotal Incl. O&P Description UnitQuantityUnit Line Number Division 01 15.00 Day $164.92 $2,473.85015433407100Rent truck pickup 3/4 ton 2 wheel drive, Incl. Hourly Oper. Cost. Division 01 $2,473.85 Subtotal Division 12 1.00 $3,600.00 $3,600.0012100000001Travel Expense: Flight Costs Lump Sum Division 12 $3,600.00 Subtotal 0.00%$0.00 Subtotal General Contractor's Markup on Subs $6,073.85 $6,073.85Subtotal General Conditions 0.00%$0.00 $6,073.85Subtotal General Contractor's Overhead and Profit 0.00% $6,073.85Unit Cost Total $0.00 1 AGENDA ITEM #14.A.6.Contract No. FY2024-05 Memorandum Of Agreement Between Kodiak Island Bor...Page 101 of 243 Assembly Detail Report Unit Total Incl. O&PDescription Ext. Total Incl.O&PQuantityAssembly Number Subtotal Subtotal Subtotal General Contractor's Markup on Subs General Conditions General Contractor's Overhead and Profit Assembly Cost Total Grand Total $6,073.85 2 AGENDA ITEM #14.A.6.Contract No. FY2024-05 Memorandum Of Agreement Between Kodiak Island Bor...Page 102 of 243 Jensen Yorba Wall Architecture Interior Design Construction Management Page 1 of 1 522 West 10th Street, Juneau, Alaska 99801 907.586.1070 jensenyorbawall.com Designing Community Since 1935 Date: June 20, 2023 To: Patricia Valerio, KIB Project Manager From: Corey Wall Re: KIBSD – North Star Elementary School Roof & Skylight Replacement (JYW No. 23029) Design and CA Fee Proposal Please find attached a fee proposal for 100% Construction Document, Bidding and Construction Administration design services related to the KIB North Star Elementary School Roof & Skylight Replacement Project. The project will be completed as part of our existing term contract with KIB. The project scope is a replacement of the skylight with a new skylight system, along with a comprehensive replacement of the low slope roofing membrane and associated assembly. The extent and nature of the low slope roofing project (partial tear-off, vs. comprehensive tear-off) will be determined in the schematic stage of design. Project is anticipate to be a single bid with a base bid and 1-3 alternates. Project includes: • Architectural site visit (concurrent with other projects) • 100% Construction Documents o Comprehensive roof membrane replacement on existing building. Replacement / reuse of roofing assembly layers as determined. o Reinstallation of existing mechanical and electrical items on roof. o Limited interior work to replace water-damaged finishes. o Replacement of skylight and adjacent storefront windows with skylight system. • Presentations to ARB and other stakeholders at DD and 95% phase completion. Please note: • Proposal does not include mechanical or electrical engineering design work with assumption that existing equipment can be removed and replaced as-is. • Proposal does not include structural engineering with assumption that existing structure is adequate to support new skylight system. • Proposal does not include haz mat testing or abatement. • Proposal does not include professional cost estimating, although it may be desirable to add this service at 95% completion for budgeting purposes. Thanks again for this opportunity. We look forward to working with you! AGENDA ITEM #14.A.6. Contract No. FY2024-05 Memorandum Of Agreement Between Kodiak Island Bor...Page 103 of 243 DESIGN SERVICES PROPOSALSUMMARYProject: KIBSD North Star Elementary Roof & Skylight ReplacementJYW Project No.:SERVICES FEE TYPE EXPENSES TAX TOTALPre-Design $0 Lump sum $0 $0 $0Site Analysis $0 Lump sum $0 $0 $0Schematic Design $15,020 Lump sum $0 $0 $15,020Design Development $17,728 Lump sum $0 $0 $17,728Construction Documents $22,148 Lump sum $0 $0 $22,148Bidding $3,578 Time & Expense $0 $0 $3,578Construction Administration $25,058 Time & Expense $3,520 $0 $28,578Construction Observations $0 TBD $0 $0 $0TOTAL$87,05223029G:\_Projects\23029\0 Scope & Fee\North Star Roof Replacement.xlsxSUM 36/20/2023AGENDA ITEM #14.A.6. Contract No. FY2024-05 Memorandum Of Agreement Between Kodiak Island Bor...Page 104 of 243 DESIGN SERVICES PROPOSALSCHEMATIC DESIGN SERVICES Project:KIBSD North Star Elementary Roof & Skylight ReplacementJYW Project No.:Exec A Cler A ACCSTAFF:PMgr A-III A-II A-I Int III Int II ID-III ID-II ID-I CM-III CM-II CM-I D-II D-I EA CA ATOTAL$186 $147 $131 $115 $100 $90 $153 $121 $90 $153 $131 $100 $104 $90 $84 $42 $85ARCHITECTURE:Project Management8Research / Archives66Site Visit4Schematic Design Dwgs16 14 16Project Narrative64Meetings4Coordination2Quality Control22Presentations2Submittal2Subtotal Hours5200000000200022000094Subtotal Dollars $9,672000000003,060 0 0 2,2880000$15,020CONSULTANTS:Civil EngineeringStructural EngineeringMechanical EngineeringElectrical EngineeringHazardous Materials InvestigationLandscape ArchitectureSubtotal $0Overhead/Profit 10% $0Consultants Total Labor $0Subtotal Schematic Design Services LABOR$15,020Subtotal Schematic Design Services REIMBURSABLES (see attached)$0TOTAL SCHEMATIC DESIGN SERVICES FEE$15,02023029Cost EstimatingArchitectConstruction Manage.DrafterInterior DesignNorth Star Roof Replacement.xlsx-30 SD 86/20/2023AGENDA ITEM #14.A.6. Contract No. FY2024-05 Memorandum Of Agreement Between Kodiak Island Bor...Page 105 of 243 DESIGN SERVICES PROPOSALDESIGN DEVELOPMENT DESIGN SERVICESProject:KIBSD North Star Elementary Roof & Skylight ReplacementJYW Project No.:Exec A Cler A ACCSTAFF:PMgr A-III A-II A-I Int III Int II ID-III ID-II ID-I CM-III CM-II CM-I D-II D-I EA CA ATOTAL$186 $147 $131 $115 $100 $90 $153 $121 $90 $153 $131 $100 $104 $90 $84 $42 $85ARCHITECTURE:Project Management6Research / Archives24Code Analysis6Design Development DwgsCover / Site Plan24Plans48Sections / Elevations816Details2424Outline Specifications6Cost Estimate Coordination0Meetings / Presentations2Quality Control2Submittal2Subtotal Hours6400000000000560000120Subtotal Dollars $11,904000000000005,8240000$17,728CONSULTANTS:Civil EngineeringStructural EngineeringMechanical EngineeringElectrical EngineeringHazardous Materials EngineeringLandscape ArchitectureSubtotal $0Overhead/Profit 10% $0Consultants Total Labor $0Subtotal Construction Document Services LABOR$17,728Subtotal Construction Document Services REIMBURSABLES (see attached)$0TOTAL DESIGN DEVELOPMENT SERVICES FEE$17,728Cost EstimatingInterior Design23029ArchitectConstruction Manage.DrafterNorth Star Roof Replacement.xlsx-40 DD 96/20/2023AGENDA ITEM #14.A.6. Contract No. FY2024-05 Memorandum Of Agreement Between Kodiak Island Bor...Page 106 of 243 DESIGN SERVICES PROPOSALCONSTRUCTION DOCUMENTS SERVICESProject:KIBSD North Star Elementary Roof & Skylight ReplacementJYW Project No.:Exec A Cler A ACCSTAFF:PMgr A-III A-II A-I Int III Int II ID-III ID-II ID-I CM-III CM-II CM-I D-II D-I EA CA ATOTAL$186 $147 $131 $115 $100 $90 $153 $121 $90 $153 $131 $100 $104 $90 $84 $42 $85ARCHITECTURE:Project Management6Research / ArchivesCode Analysis4Construction Doc DwgsCover / Site Plan24Plans1212Sections / Elevations1212Details2424Specifications24Cost Estimate Coordination0Meetings / Presentations2Quality Control2Submittal2Subtotal Hours9000000000000520000142Subtotal Dollars $16,740000000000005,4080000$22,148CONSULTANTS:Civil EngineeringStructural EngineeringMechanical EngineeringElectrical EngineeringHazardous Materials EngineeringLandscape ArchitectureSubtotal $0Overhead/Profit 10% $0Consultants Total Labor $0Subtotal Design Development Services LABOR$22,148Subtotal Design Development Services REIMBURSABLES (see attached)$0TOTAL CONSTRUCTION DOCUMENTS SERVICES FEE$22,148Cost Estimating23029Architect Interior DesignConstruction Manage.DrafterNorth Star Roof Replacement.xlsx-50 CD 106/20/2023AGENDA ITEM #14.A.6. Contract No. FY2024-05 Memorandum Of Agreement Between Kodiak Island Bor...Page 107 of 243 DESIGN SERVICES PROPOSALBIDDING AND NEGOTIATION SERVICES Project:KIBSD North Star Elementary Roof & Skylight ReplacementJYW Project No.:Exec A Cler A ACCSTAFF:PMgr A-III A-II A-I Int III Int II ID-III ID-II ID-I CM-III CM-II CM-I D-II D-I EA CA ATOTAL$186 $147 $131 $115 $100 $90 $153 $121 $90 $153 $131 $100 $104 $90 $84 $42 $85ARCHITECTURE:Project Management4Disc Coor/Doc ReviewAgency Consul/RevSchedule Dev/MonitoringPre Bid Meeting22Bidding MaterialsAddenda610Bidding/NegotiationAnalysis of Alts/SubsSpecial BiddingBid EvaluationConstruction ContractSubtotal Hours120000000020010000024Subtotal Dollars $2,23200000000306001,0400000$3,578CONSULTANTS:Civil EngineeringStructural EngineeringMechanical EngineeringElectrical EngineeringHazardous Materials EngineeringLandscape ArchitectureSubtotal $0Overhead/Profit 10% $0Consultants Total Labor $0Subtotal Bidding and Negotiation Services LABOR$3,578Subtotal Bidding and Negotiation Services REIMBURSABLES (see attached)$0TOTAL BIDDING AND NEGOTIATION SERVICES FEE$3,57823029ArchitectConstruction Manage.DrafterInterior DesignNorth Star Roof Replacement.xlsx-60 Bid 116/20/2023AGENDA ITEM #14.A.6. Contract No. FY2024-05 Memorandum Of Agreement Between Kodiak Island Bor...Page 108 of 243 DESIGN SERVICES PROPOSALCONSTRUCTION ADMINISTRATION SERVICES Project:KIBSD North Star Elementary Roof & Skylight ReplacementJYW Project No.:Exec A Cler A ACCSTAFF:PMgr A-III A-II A-I Int III Int II ID-III ID-II ID-I CM-III CM-II CM-I D-II D-I EA CA ATOTAL$186 $147 $131 $115 $100 $90 $153 $121 $90 $153 $131 $100 $104 $90 $84 $42 $85ARCHITECTURE:Project Management12Conformed Documents4Pre-Construction Conf22Submittal Review24RFIs/RFPs/CO'S40 8Field Ob & Report82 @ 12 hours24Notice of Deficencies2Substantial Compl & Report41 @ 12 hours12Final Completion & Report41 @ 12 hours12As Built Drawings4Subtotal Hours320000000011400160000162Subtotal Dollars $5,9520000000017,442 0 0 1,6640000$25,058CONSULTANTS:Civil EngineeringStructural EngineeringMechanical EngineeringElectrical EngineeringHazardous Materials EngineeringLandscape ArchitectureSubtotal $0Overhead/Profit 10% $0Consultants Total Labor $0Subtotal Construction Administration Services LABOR$25,058Subtotal Construction Administration Services REIMBURSABLES (see attached)$3,520TOTAL CONSTRUCTION ADMINISTRATION SERVICES FEE$28,578Interior Design23029ArchitectConstruction Manage.DrafterNorth Star Roof Replacement.xlsx-70 CA 126/20/2023AGENDA ITEM #14.A.6. Contract No. FY2024-05 Memorandum Of Agreement Between Kodiak Island Bor...Page 109 of 243 DESIGN SERVICES PROPOSALREIMBURSABLE EXPENSESJYW Project No.:KIBSD North Star Elementary Roof & Skylight ReplacementJYW Project No.: 2302910 20 30 40 50 60 70 80PHASE: Pre-D Site SD DD CD BID CA CO TOTALTRAVELArch Trips000000404Cost$800$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,200.00 $0.00 $3,200Civil Trips000000000Cost$0$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0Struct Trips000000000Cost$0$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0Mech Trips000000000Cost$0$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0Elect Trips000000000Cost$0$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0Other Trips000000000Cost$0$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0Subtotal $0 $0 $0 $0 $0 $0 $3,200 $0 $3,200PER DIEMArch No. Days000000000Civil No. Days000000000Struct No. Days000000000Mech No. Days000000000Elect No. Days000000000Other No. Days000000000Rate$0000000000Total $0$0$0$0$0$0$0$0 $0PRINTING/COPYING11 x 17 Copy No. Sheets000000000Rate$0.25$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00Letter Copy: No. Sheets000000000Rate$0.15$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00Total $0$0$0$0$0$0$0$0 $0SCANSRate$0 $0 $0 $0 $0 $0 $0 $0$0CD'sRate$0 $0 $0 $0 $0 $0 $0 $0$0POSTAGE/COURIERRate$0 $0 $0 $0 $0 $0 $0 $0$0MISSCELANEOUSRate$0 $0 $0 $0 $0 $0 $0 $0$0ENGIN REIMBRate$0 $0 $0 $0 $0 $0 $0 $0$0RENDERINGSRate$0 $0 $0 $0 $0 $0 $0 $0$0OH/P10% $0 $0 $0 $0 $0 $0 $320 $0 $320TOTAL REIMBURSABLES$0 $0 $0 $0 $0 $0 $3,520 $0 $3,520North Star Roof Replacement.xlsx-Reimb146/20/2023AGENDA ITEM #14.A.6. Contract No. FY2024-05 Memorandum Of Agreement Between Kodiak Island Bor...Page 110 of 243 Place:Kodiak,Alaska Date;02-23-2022 Project:MAIN ELEMENTARYSCHOOL ROOF REPLACEMENT Bid of Friend Contractors.LLC (hereinafter called the BIDDER),a corporation, organized and existing under the laws of the State of Alaska,a partnership or an individual doing business as Friend Conliaclois.LLC to the Kodiak Island Borough,Kodiak, Alaska (hereinafter called the OWNER). Bidders: A.The BIDDER,in compliance with your Invitation for Bids for the construction of the Project indicated above,having examined the plans and specifications with the related documents and the site of the proposed work,and being familiar with all of the conditions surrounding the construction of the proposed project,including the availability of materials and labor,hereby propose to furnish all labor,materials and supplies and to construct the Project in accordance with the Contract Documents,within the time set forth therein,and for the price stated below. B.The BIDDERhereby agrees to commence work under the Contract on a date to be specified in the written Notice of Award of the Owner and to fully complete the Project within the time stipulated i the Contract Documents.The BIDDERfurther agrees to pay all applicable liquidated damages in the sums as set forth in the Contract Documents. C.BASE BID AMOUNT Five-hundred sixty-eight thousand,one hundred seventy«eighl dollars (In words) Dollars ($5511178 ) (in figures) KOD IAK ISL AN D BOROUGHSCHOOLDISTRICT MAI N E L E SCHOOLROOFREPLACEMENT S E C T I O N 004200-BIDPROPOSAL BID 42 00 -1 B I D P R O P O S A AGENDA ITEM #14.A.6.Contract No. FY2024-05 Memorandum Of Agreement Between Kodiak Island Bor...Page 111 of 243 D.ALTERNATE1:HIGH BUILDSHINGLES Fourty eight thousand,eight hundred and thirty-nine dollars (In words) Dollars ($48339 ) (In figures) E.ALTERNATE2:FALLPROTECTION Three-thousand,seventy-one dollars. (In words) Dollars (S 3:071 ) (In figures) F.The BIDDERunderstands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. G.The BIDDERcertifies that it possesses the following valid license and registration and submits the corresponding numbers as evidence.The BIDDERalso agrees to provide copies of each within five (5)working days of owner's identification of BIDDERas apparent low BIDDER. Alaska Business License No.:262471 Contractor Registration (AS 08.18)No.:CONG26084 H.Any protest to the award of this bid must be filed in accordance with 4AAC.31.080 Respectfully Submitted, BY,Mike HaffemanTypedNameandTitle:Estimator(Seal if bid by Corporation)Date:02'28'2O22B,,s,,,ess Address,104 Center Ave.,Suite 200Kodiak,AK 99615KODIAKISLANDBOROUGHSCHOOLDISTRICT BID PROPOSALMAINELEMENTARYSCHOOLROOFREPLACEMENT004200-2 AGENDA ITEM #14.A.6.Contract No. FY2024-05 Memorandum Of Agreement Between Kodiak Island Bor...Page 112 of 243 907-486-3908Telephone: F.To be considere d aresp onsi ve bid,thisbidformmustbefullyexecutedandaccompaniedbyabid security as desc ribe d intheInstructiontoBiddersintheamountof5%ofthebid.Utilizethe attached bid bo nd for m. KOD IAK ISL AN D BOROUGHSCHOOLDISTRICT MAI N E L E SCHOOLROOFREPLACEMENT BID 42 00 -3 AGENDA ITEM #14.A.6.Contract No. FY2024-05 Memorandum Of Agreement Between Kodiak Island Bor...Page 113 of 243 Addition/ Alt 2 Deduction Addition / Deduction Addition / Deduction Addition / Deduction Bid Item D d t. Am ount in (Base Bid,Alternate,etc)(.9uc '0"Figure s(circle one) 'Addition /Five-hundredsixty-eightthousand.one Deduction 5 6 8 1 6 0 6 hundredseventy-eightdollars Addmiin Fourtyeightthousand,eighthundredand1—euctlon 4 8- 8 3 9 thirty—ninedollars Three-thousand,seventy-onedollars. SECTION 00 4210 —BID MODIFICATION MAIN ELEMENTARYSCHOOL ROOF REPLACEMENT Prior to the time and date designated for receipt of Bids,a Bid submitted may be modified by notice to the party receiving Bids at the place designated for receipt of Bids.All modifications shall be made to the original bid amount(s).Modifications shall be worded as not to reveal the amount of the original Bid. If more than one Modification form is submitted by any one bidder,changes from all Modification forms submitted will be combined and applied to the original bid.Changes to the modified Bid amounts will be calculated by the Owner.Bidder may use multiple modification pages if required. Circle either Addition or Deduction to indicate your adjustment to each applicable item.Sums shall be expressed in both words and figures.In case of discrepancy,the amount written in words shall govern. Amount in Words 3 3,071 Friend Contractors,LLC %/¢/D db Mk H n777DIY2.1y113.4399 02‘28‘2022ResponsiblePartySignatureDateMikeHaffemanPrintedName(must be authorized signatory for Bidding Firm) KOD IAK ISL AN D BOROUGHSCHOOLDISTRICT MAI N E L E SCHOOLROOFREPLACEMENT igilallsigneimn ae:202.0302:'5-0'0 BID 004210 AGENDA ITEM #14.A.6.Contract No. FY2024-05 Memorandum Of Agreement Between Kodiak Island Bor...Page 114 of 243 NOW,THEREFORE, (a)If said Bid shall be rejected,or in the alternate, (b)If said Bid shall be accepted and the Principal sexecuteanddeliveracontractinthe Form of Contract attached hereto (properly inaccordancewithsaidBid)and shall furnish a bond for his faithful performanc e o f saidcontract,andforthepaymentofall persons performing labor or furnishing materi als inconnec tion therewith,andshallinall other respects perform the agreement create d bytheacceptanceofsaidBid,thenthis obligation shall be void,otherwise the same s h a l l remaininforceandeffect;itbeing expressly understood and agreed that the li a b il it y oftheSuretyforanyandallclaims hereunder shall in no event exceed the penal a m o u nt ofthisobligationashereinstated.The Surety,for value received,hereby stipulates a n d agr ees thattheobligationsofsaidSurety and its bonds shall be in no way impaired or byanyextensionofthetimewithin which the Owner may accept such Bid,and saiddoesherebywaivenoticeofanysuch extension. IN WITNESS WHEREOF,The Principal and the Sur of them as are corporations have caused their co be signed by the proper officers,the day and yea SE CT IO N 004250-BIDBOND KNOW ALL PERSONS av THESE PRE SEN TS, thatwe,theundersigned,FriendContractors.LLCas Principal,and Arch Insurance Corn asSurety,areherebyheldandfirmly bound onto Kodiak Island BoroughDistrictasownerinthepe.-,3|sumof rcenlolAmour1l E d for the payment of w hi ch , wellandtrulytobemade,weherebyjointlyandseverally, bind ourselves,our heirs,executors,ad m n i s tr a t o r s , successors,andassgns. he condition of the above obligat ion ISsuchthatwhereasthePrincipalhassubmittedto Kodiak Island Borou h School Distr ict acertainBid,attachedheretoandherebymadea part hereof,to enter into a contract in w ri ti n g forthe Main Elementa School Roof Repla cment 128PowellAvenue,Kodiak,AK hav e hereuntosettherhandsandseals,andsuch rsealstobeheretoaffixedandthesepresentsto r fort h below. 22 s i g n e d t h i s 1 s t dayofMarch202; F r i e dContr act rs,LLC (L.S.) Princip al Ins ura nce Comgany Surety SEAL END or s endyBright,Itrney-In-Fact KODIAK ISLANDBOROUGHSCHOOLDISTRICT BIDBOND MAIN ELEMENTARVSCHOOL ROOF REPLACEME NT 004250-1 Five Pe AGENDA ITEM #14.A.6.Contract No. FY2024-05 Memorandum Of Agreement Between Kodiak Island Bor...Page 115 of 243 2 s SurePathZ020 This Power of Arrrrrricy /inrlu the am rifihas:named herein.and Ihey have an aiuIinrr'r_yto Mad llie (‘nnipany ercepl in the manner and to the eirmil Irereln siamt Not valid ?zrN?lt,Loan,Later o/Credit,Citrmiry Irate.Interest Rate or Residerrdal Value Giurrunrees. POWER OF ATTORNEY Know All Persons By These Present: 1'ltat the Ar h Insurance Company.a corporation organized and existing under the laws ofthe State of Missouri.having its principal adminislralite office in Jersey City. New:rse tlteretnanerreferred to as the ‘Company")does Il?thy appoint:Wendy A.Bright its true and a ful Attomeytslin-Fact.to make.execute.seal.and deliver from the date of issuance ofthis power for and on its beltalfas surety.and as its act and deed Any and a bonds,undcnakings.rccognininccs and other surcty obligations.in the penal sum not exceeding Nimy Million Dollars (90,000 000 00) Any and 3 bonds.undertakings.rccognizzincesand other surety obligations. Surety Bond Number:Bid Bond Principal:Friend Contractors,LLC 0 Iigec:Kodiak Island Borough School District This authorit does not permit the same obligation to be split into two or more bonds ln order to bring each such bond within the dollar limit of authority as set forth herein The exec 'o ofsuch bonds.undertakintp.recugiiunces and other surety obligations in pursuance oflhesc presents shall be as binding upon the said Company as fully and amply to all intents and purposes.as ifthe sante had been duly executed and acknowledged by its regularly elected ol?cers at its principal administrative rillicc in Jersey City New Jersey. This Power of/tttorricy is executed by authority ofrcsoltninrts adopted hy unanimous consent ofthc Board of Directors ofthc (nmpany on Dcccmbcr I I.2020.mic and accurate cop'cs of which are hereinaller set forth and are hereby certi?ed to by the undersigned Secretary as being in hill force and efTcct "VOTED,That the Chairman ofthc Board,the President,or thc Executive Vice President,or any Scnior Vice President.of the Sun-Iy Business Division.or their appointee designated in writing and ?led with the Secretary.or the Secretary shall have the power and autltonty to appoint agents and attomeys-in-fact,and to authorize them subject to the limitations set fonh in their respective powers ofanoniey.to execute on behalf of the Company.and attach the seal of the Company thereto.bonds undertakings.rccogniunces and other surety obligations obligatory in the nature thereof.and any such oflicers of the Company may appoint agents for acceptance or process‘" This Power o ‘Attorney is signed.scaled and certified by facsimile under and by authority ofthe following resolution adopted by the unanimous consent oftlie Board of Directors oft c Company on Dcccmbcr I l.2020: VOTED 1'liat the signature of the Chainnan of the Board.the President,or III:[Lwcinive Vice President.or any Senior Vice President.of the Surety Business Division. or their appointees designated in writing and ?led with the Secretary,and the signature of the Secretary.the seal of the Company.and certi?canons by the Secretary.may be alTixed by facsimile on any power ufattomcy or bond executed pursuant to the resolution adopted by die Board of Directors on December 1 l.2010.and any such power so executed.scaled and certified with rcspm to any bond or undc-nakingto which it is attached.shall continue to be talid and binding upon the Company In Testimony whereof.the Company has caused this instniment to be signed and its corporate seal to be allixed by their authonzcd ollicers.is Zngjn of {gm ?u Attested and Cerllfled Arch Insurance Co puny H.924/»mm, _,Q4 M 5ReganAShulman.Secretary W"Stephen C.Ruschak.Executive Vice President STATE OF PENNSYLVANIA SS COUNTY OF PIIll.ADl-'.l.PHlA SS l,Mlchele Trlpodl.ta Notary Public.do hereby certify that Regan A.Shulman and Stephen C.Ruschak personally known to me to be the same persons whose names are rcspectively as Secretary and Executive Vice President of the Arch Insurance Company.a Corporation organizedand existing under the laws of the State of Missouri.subscribed to the foregoing instniment.appeared before me this day in person and severally acknowledged that they being thereunto dul authorized signed scaled with the corporate seal and delivered the said instrument as the tree and voluntary act ofsaid corporation and as their own (rm and voluntary acts for the uses and purposes thereinsci forth. Michele Tripodi Notary Publii. My commission expires 0 ll 02 C ERTIFICATION Regan Shulman Secretary ofthc Arch lnsurance Company.do hereby certify that the attached Power of Attorney dated July lllll on be alfofthe personls certificate;and I do further certify that the said Stephen C.Ruschak,who executed the Power ot‘Attorttcy as Executive Vice President.was on the date I cxccut on til"the attached Power of Attomey the duly elected ExecutiveVice Presidentof the Arch Insurance Company.IN TI‘SI‘lMON\’WHEREOF,I have hereunto subscribed my name and allixed the corporate seal ofthe Arch Insurance Company it this 15‘dayorMarch2022.Regan A.Shulman.SecretaryThisPowerofAttorneylimitstheactsofthosenamedthereintothebondsandundertakingsspeci?cally named therein and they have no author iy t b rid eexceptinthemannerandtotheextenthereinstated.PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:Arch Insurance —Surety Dlvlslon3Parkway.Sulle I500 $"°“"°I’IIIIlt.IQIDIIIl.PA I9I02 ‘W £‘W1ToverlhtheauthenticityofthisPowero[Arrorrrey,please contact Arch Insurance Company or $uretyAuthontle@archlnsurance.oornPleaserefertotheabovenamedAttorney-In-Facr and the details of the band In which the power Is attached.A|CPOA040120 Printed in U.S.A. uhCOH IPIH Y AGENDA ITEM #14.A.6.Contract No. FY2024-05 Memorandum Of Agreement Between Kodiak Island Bor...Page 116 of 243 SECTION00 2000b -LIS T SU BC ON TR AC TO RS (AS36.30.1155) The aggarent low Bidder must submit a list of thattheBidderQrogosestouseinthe performance of this contract on the fi?h business da y fo ll o w in g thePostingNoticeofBids.Ifthefifthdayfalls on a weekend or holiday,the report is due by cl os e ofbusine ss onthenextbusinessDayfollowingthe weekend or holiday.The Subcontractor Report list m u st incl ude eachSubcontractor'sname,address,location, evidence of valid Alaska Business License,and vali d Contract or's RegistrationunderAS08.18.Ifno Subcontractors are to be utilized in the performance theWORK,writeininkortype"NONE"online(1). SUBCONTRACTOR ADDRESS 1_N/A ‘AKContractor License No.‘Cont act NameIypeofContract /if ZAKBusiness 1Phon e No.WorkAmountBE License No. 1 5[:1 I certify that the above li st e d Ala ska BusinessLicense(s)andCONTRACTORRegistration(s),ifapplicable, were valid at the time Bi ds w er e openedforthisProject. 72/. , . . . ' MikeHaffeman CONTRACTOR,Authorize d S i g n a t u r e CONTRACTOR,PrintedName Friend Contractor s, LL COMPANY KO DIA K ISL AN D BOROUGHSCHOOLDISTRICT MA IN E L E M E N T A R Y SCHOOLROOFREPLACEMENT SUB CO NTR ACT OR REPORT 002000b-1 Mr!-Ivlinmdnmem AGENDA ITEM #14.A.6.Contract No. FY2024-05 Memorandum Of Agreement Between Kodiak Island Bor...Page 117 of 243 A Bidder may replace a listed Subcontractor if the Subcontractor: 1.fails to comply with AS 08.18; 2.files for bankruptcy or becomes insolvent; 3.fails to execute a contract with the Bidder involving performance of the WORK for which the Subcontractor was listed and the Bidder acted in good faith; 4.fails to obtain bonding; 5.fails to obtain insurance acceptable to the OWNER; 6.fails to perform the contract with the Bidder involving work for which the Subcontractor was listed; 7.must be substituted in order for the CONTRACTORto satisfy required state and federal affirmative action requirements; 8.refuses to agree or abide with the Bidder's labor agreement;or 9.is determined by the OWNER not to be responsible. 10.is not in ”Good Standing”with the OWNER as required in Article 21.0 in Section 00100 —instructions to Bidders. If a Bidder fails to list a Subcontractor or lists more than one Subcontractor for the same portion of WORK,the Bidder shall be considered to have agreed to perform that portion of WORK without the use of a Subcontractor and to have represented the Bidder to be qualified to perform that WORK. A Bidder who attempts to circumvent the requirements of this section by listing as a Subcontractor another contractor who,in turn,sublets the majority of the WORK required under the contract violates this section. If a contract is awarded to a Bidder who violates this section,the OWNER may: 1.cancel the contract;or 2.after notice and a hearing,assess a penalty on the Bidder in an amount that does not exceed 10 percent of the value of the subcontract at issue. On the Subcontractor Report,the apparent low Bidder must list any Subcontractors anticipated to perform WORK with a value of greater than one-half of one percent of the intended award amount, An apparent low Bidder who fails to submit a completed Subcontractor Report within the timespecifiedinthissectionmaybefoundtobenotaresponsibleBidderandmayberequiredtoforfeittheBidsecurity.The OWNER will then consider the next lowest Bidder for awardofthecontract. KO DIA K ISL AN D BOROUGHSCHOOLDISTRICT MA IN E L E M E N T A R Y SCHOOLROOFREPLACEMENT SUB CO NTR ACT OR REPORT 002000b-2 E N D OFSECTI ON AGENDA ITEM #14.A.6.Contract No. FY2024-05 Memorandum Of Agreement Between Kodiak Island Bor...Page 118 of 243 Kodiak Island Borough will only accept bids from qualified bidd ers. Tobequalifiedtobidonthisproject,the bidder must have successfully completed two (2)projects of cost,size,andtype,andwithsimilar bonding requirements,in the last ten (10)years.The "type"o f proje ct isdefinedasaninstitutionalor commercial roofing or roof replacement pro'ect.By signing t h is fo r m , thebiddercertifiestheircompliance with this requirement.Failure to provide the required signatu res andotherinformationwilldisqualifythe bid. Bidder is a construction contractor duly licensed in Alaska,own s, operates,ormaintainsaplaceof business,regularly engaged in commercial construction project s. Bidder must have the necessary experience,organization,tec hn ica l qualific ations, financialresourcesand facilities available to perform the contemplated work. Bidder must agree to perform the work required in the a indicate d onthebidform,instrict conformance with the terms of the solicitation and the Contrac t Bidder warrants that the prices included on the bid form are v a li d for90daysafterthedateoffersaredue. If differences occur between the written and printed form,the formwillprevail Bidder must have current Alaska Business license,Alaska G en er al Contra ctor license,andinallrespects meet Federal,State and local requirements to qualify as a re s p o n si bl e bidder.Bysigningthisform,(and providing seal if a corporation)Bidder warrants that it meets th e s e requ irem ents . SECTION 00 4100 -ACK NOW LED GEM ENT OFADDENDAandCONTRACTORQUALIFICATIONS MAI N E L E M E N T A R Y SCHOOLROOFREPLACEMENT AC KN O W LE DG E M EN T OFADDENDA The offeror acknowledges recei pt o f add end a tothesolicitation.Providethenumberanddateofeach. Addendum Number Date N/A KODI AK IS LA ND BOROUGHSCHOOLDISTRICT MAI N SCHOOLROOFREPLACEMENT ACK NOW LED GEM ENT OFADDENDA 004100-1 C O N T R A C T O R QUALIFIC ATIONS AGENDA ITEM #14.A.6.Contract No. FY2024-05 Memorandum Of Agreement Between Kodiak Island Bor...Page 119 of 243 Signature Managing Member Ttle 104 Center Ave Kodiak,AK 99615 General Contractor License KOD IAK ISL AN D BOROUGHSCHOOLDISTRICT MAI N E L E SCHOOLROOFREPLACEMENT By: Fri end Co ntr act ors , LLC C on tra cti ng Firm Respectfully 02 - 28 Date: ACK NO WLE DGE MEN T OFADDENDA 004100-2 ( Se al ifbyCorpor ation) E N D OFSECTI ON AGENDA ITEM #14.A.6.Contract No. FY2024-05 Memorandum Of Agreement Between Kodiak Island Bor...Page 120 of 243 The Undersigned declares,under penalty of perjury under the laws of the United States,that neither he/ sh e nor the firm,association or corporation of which he is a member,a bidder on this project has,either dir ect ly or indirectly,entered into any agreement,participated in any collusion,or otherwise taken any action in rest rain t of free competitive bidding in connection with this bid. The Undersigned has read the foregoing proposal and hereby agrees to the conditions stated therein by his/hersignature below: M/(P,Digitallysigned by Mike Haffeman Date:2022.03.01 12:10:12 -09‘00' Signature Mike Haffeman,Estimator Name and Title of Person Signing 907-486-3908 Telephone Number KOD IAK ISL AN D BOROUGHSCHOOLDISTRICT MAI N E L E SCHOOLROOFREPLACEMENT S E C T I O N 004150-NON- COLLUSION AFFIDAVIT NON - COL LUSI ON AFFIDAVIT 004150-1 E N D OFSECTI ON AGENDA ITEM #14.A.6.Contract No. FY2024-05 Memorandum Of Agreement Between Kodiak Island Bor...Page 121 of 243 License#:CONG26084 Eflective:12l1SI2020 S t a t e OfAlaskaExpires:1231/2022 Department of Com merce , Com munl ty, andEconomicDevelopment Dlvlsionof Corpor ations, Busin ess, andProfessionalLicensing Regulation of Constr uction Contr actors andHomeInspectors Licensee:FRIENDCONTRACTORSLL C License Type:General Contractor With ContractorEndorsement Status:Active Doing Business As:FRIENDCONTRAC TORS LLC Commissioner:JulieAnderson State of Alaska Doparlmant of Commerce,Community,and Dovolop mentDlvlslonoiCorporations,Business,and P r u f e s sl o n al LlconslngRogulatlonofConstructionContractorsHo me Inspectors FRIENDCONTRACYO RS DEA:FRIENDCONTRACT ORS LL C As General ContractorVwthResident al Cont racto r Endo rsem ent Relation ships Designations Ralnlion T y p e LlcensoJLiconsoTypoOwners/EntitiesNameIDBA Nodesignationsfound.Residnniiul Endonseme nmsslgnae RESRSIDRnsIdenilaIConim;1orEndoraemeniERROLFRIEND FRIE ND LLC 1950 BA Y RD KODIA K, A K 9961 5- 0175 AGENDA ITEM #14.A.6.Contract No. FY2024-05 Memorandum Of Agreement Between Kodiak Island Bor...Page 122 of 243 Licenseii‘:RESR510 l§Jf‘fe_=liV{%=1;f3/1532/ fJg12’0 ofAlaskapm’ Department of Communit y, andEconomicDevelopmentDivisionofC or po rat io ns , Business,andProfessionalLicensing Re ulation of Co nst ru cti on Contracto rs andHomeInspectors9 Licensee:JERROL D FRIEND License Type:Residential contracto r E n d o r s e Status:Active Commissioner:JulieAnderson State of Alask aDepartmentofcommerce,Community,and Develop mentDivisionatCorporations,Buslneus.and P ro fe ss io n al LicensingRegulationofConstructionContractorsHo me Inspectors JERROLD FRIEN DAs ResidentialContractor Endor semen t Llconn Effective ExplrasRESR51012I1Gl202012/31 /2022 Relationship s DeslgnatlonsRelation Typo Llce nsei t Llcons e TypeOwnsrsl?ntnlasNamelDBANodesignationsfound_ Emmet CON GZS OM g::':: Iu (, 2rog ::3:: Rosi dan? al FRIENDFRIENDCONTRACTORSLLCCONTRACTORSLLC JERRO L DFR IE ND 1950 BA Y RD KODIA K, A K 9961 5- 0175 AGENDA ITEM #14.A.6.Contract No. FY2024-05 Memorandum Of Agreement Between Kodiak Island Bor...Page 123 of 243 SCHOOLROOF REPLACEM AGENDA ITEM #14.A.6. Contract No. FY2024-05 Memorandum Of Agreement Between Kodiak Island Bor...Page 124 of 243 FINANCE DEPARTMENT ROOM 104 KODIAK ISLAND BOROUGH 710 MILL BAY ROAD KODIAK,ALASKA 99615 ?. ET...E,om AGENDA ITEM #14.A.6. Contract No. FY2024-05 Memorandum Of Agreement Between Kodiak Island Bor...Page 125 of 243 KODIAK ISLAND BOROUGH STAFF REPORT JULY 20, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and International Brotherhood of Electrical Workers ORIGINATOR: Aimee Williams, Borough Manager RECOMMENDATION: Move to authorize the Borough Manager to execute Contract No. FY2024-06 agreement between the Kodiak Island Borough and International Brotherhood of Electrical Workers. Move to convene into executive session to discuss matters involving negotiations with the IBEW under the authority of KIBC 2.30.030(F)(1)(d) for the purpose of confidential communications with, and providing direction to, the Borough's representative regarding negotiations with the IBEW. DISCUSSION: During the months of March through July of 2023, the Borough Management Team met with the IBEW negotiating team to discuss the terms of the IBEW contract. The new terms and conditions were negotiated before agreement with IBEW representatives. The term of this agreement is from July 2023 to June 2026. Since this item was appropriately advertised and is listed on the agenda, the Assembly may convene into executive session if it so pleases. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 126 of 243 KIB-IBEWCBA Negotiations 2023 Changes to be made throughout the document Change Department Head to Department Director Consistent use of Borough Manager instead of Manager TA’d Date:3'‘0'7’°7'3 "35 Time;3145 FFVW AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 127 of 243 K|B—lBEW CBA Negotiations 2023 1.2 MEMBERS OF BARGAINING UNIT 3/10/2023 The bargaining unit is comprised of the following positions: Assessing Appraiser Technician Assessment Clerk l &ll Property Appraiser Property Appraiser Lead Communiy Development Assistant Planner Associate Planner/ENF Associate Planner/LRP Drafting Technicianlmagger Secretary I,II and Ill Gls-Analyst Code Enforcement Officer Permit Technician Engineering &Facilities Prejeet-Manager Maintenance Engineer Baler Operator I &ll Finance Accounting Clerk Accounting Technician/AP Accounting Technician/Payroll Cashier General Accountant Revenue Accountant Secretary I,II and Ill Accountant I Manager’s Office Resource Management Officer Secretary I,II and Ill Carpenter/Project Manager Information Technology Maintenance Mechanic Ma?na Projects Assistant IT Supervisor Secretary I,ll,and Ill Operatiens—Superviser Solid Waste Baler/Landfill Supervisor PC Technician I &ll interpretive Specialist/Receptionist Pregrammer Treatment Plant Operator Lead Programmer/Analyst Treatment Plant Operator Treatment Plant Operator Trainee Sy-stem-9perater—l—&—ll Landfill Attendant Network Analyst Laborer GIS Analyst Excluded from the unit are elected officials,the Borough attorney,Borough_C|erk, Deputy Clerk,Assistant Clerk,Records Manager,Engineering &Facilities Director, Ewm Solid Waste ManagerlEnvironmenta|Specialist, Maintenance Coordinator,Construction Inspector/Architect,Construction TA’d Date:340-7013 IBE Time:IO.‘(7 "Ni KIB AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 128 of 243 KIB-IBEWCBA Negotiations 2023 3/10/2023 Inspector/Engineer,Project Manager/Inspector,Community Development Director, Human Resources Director,Human Resources Assistant,Human Resources Officer/Executive Assistant,Administrative Assistant to the Manager,Grant Writer/Special Projects Support,Assessor,Finance Director,Director of Information Systems,"'-----‘~- |A TA'd Date:7.‘"0’201}IBEW Time:/Oifjz Am KH3 AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 129 of 243 KIB-IBEW CBA Negotiations 2023 4.8 ENTRANCE WAGE RATE The start pay rate for the applicable job classification will be the minimum rate of pay for new employees.The department head,subject to manager approval,may place a new employee above the start rate,when such placement is a result of the new employee's directly applicable work experience and credentials.Assembly approval is required for v any placement above Step 9 D. TA’d Date:3 ~l0 *2°13 lBEW Time:3 '-l’-l @m_KIB AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 130 of 243 IBEW Counter Proposal #1,Section 4.9 March 10,2023 4.9 STEP INCREASES All new regular employees after serving a six-month probationary period of overall satisfactory performance,as indicated on the Ewmw performance evaluation,shall receive a step increase. Each employee is eligible,if overall performance is satisfactory,for an annual step increase on each anniversary date when 75%or more of the work hours stated in the employee’s employment agreement have been accumulated.Step increases occur in the manner above in accordance with the respective wage schedule for each position as set forth in Appendix A. In the event the department head determines by the evaluation that an employee has not satisfactorily performed the job,the department head may suspend the employee's step increase for a period of time during which certain specific improvements must be made. Notice of such step increase deferral and the reasons for it shall be given to the employee in writing with a copy to the Borough Manager.When the department head has determined that the employee has achieved satisfactory improvement,the suspended step increase may be approved at any time during the extended period.The suspended step increase will not be retroactive to the employee's anniversary date.When an employee has received a deferred step increase,he/she will be eligible for future annual increases one calendar year from the date of his/her last step increase,provided that during each such calendar year,75%or more of the work hours stated in the emgloyee’s emgloyment agreement have been accumulated.. TA’d I 3-»?°v PW‘ IBEW ate 3-10-2023 K Date us ‘Z91 AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 131 of 243 IBEW Package Proposal #4,Section 4.10 May I5,2023 4.10 LONGEVITY PAY A regular full-timeemployee shall receive an additional monetary benefit based on the length of employment with the Borough.Any break in employment longer than thirty (30) calendar days will advance the eligibility date by the number of days in excess of 30. Time served as a temporary employee shall not be included. The following amounts shall be granted employees employed after July 7,1983 in addition to their current pay rate excluding overtime. A.Ten (10)years of total service.an additional five (5)percent of dollar value of employee's current pay rate. B.Fifteen (15)years of total service,an additional five (5)percent of dollar value of employees current pay rate. The following amounts shall be granted employeesemployed after October 1,1994: ;A_.Ten (10)years of total servicean additional two percent (2%)of dollar valu§of emgloyee’s currentpagepay rate. Q.Fifteen (15)years of total service —flve+5)\in addition to the 10-year Increase,an additionalthree percent (gm of dollar value of employee's current base-_pay rate. C.Twent 20 ears of total servlce —in addi on to the 15-ar incr additional five percent (5%)of dollar valueof employee's current base pay rate. Date 7-l7-1023 KlB Datei'i 3|/Ur?) AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 132 of 243 KIB-IBEWCBA Negotiations 2023 3/24/2023 4.12 TEMPORARY ASSIGNMENTS At the discretion of the Manager,an employee may be temporarily assigned to some,or all of the duties of another gosition e If the temporam assignment lasts for Ionqer than thirty (30)days.the Employer will notify the Union in writin .The tem ora hi her rate of pay shall be at Step A of the salary range provided that if the reassigned employee's pay rate is already higher than or at the same rate as Step A of the position to be filled temporarily,the reassigned employee shall be paid at the next higher step (that is,2.5%)above his/her rate of pay at the time the reassignment commenced.?g employee shall be compensated at the higher rate of pay if this re—assignment is made for: 1.More than six (6) _ eenseeutive wer-king of the a temporarily absent employees regulam scheduled consecutive working dag werkeel;or 2.Ten (10)cumulative days worked within a thirty (30)calendar-day time frame; or 3.More than six (6_consecutive days worked In the case of a vacancy. Temporary assignments will not be utilized to avoid filling a vacancy or newly created position.Temporary assignments are for short-term periods,not to exceed six (6)months. In the case where a bargaining unit employee is temporarily assigned to a non- bargaining unit position,the employee will still be considered a non-exempt employee and shall be paid for any applicable overtime at the higher rate of pay while in that position. If an employee is assigned to work in a higher bargaining unit or non—bargaining unit classification for a period of more than thirty (30)calendar days,the employee will be compensated at the higher rate for holidays and annual leave taken while in the higher classification. TA’d Date:3 '24"7°23 Time:2-’5'4 [M AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 133 of 243 IBEW Counter Proposal #1,Section 4.13 March 23,2023 /x 4.13 EMPLOYEE TRANSFERS 1 ln keeping with Borough policy to —_within the ranks of Borough employees, applications from bargaining unit Borough regular employees will be received during the five (5)day in-house position posting and qualified candidates will be interviewed.The Employer may elect to offer the position to a bargaining unit regular employee if they are qualified or ifthe bargaining unit regular employee could be qualified with minimal training or experience in a reasonable amount of time.Such bargaining unit regular employee may be awarded the position for a si*ty—{60)ninety (90)day trial period.The Employer may,where appropriate,extend the si*ty—é69-)ninety (90)day trial period.The supervisor shall prepare a written performance evaluation on day eighty (80)of the evaluation period and will review this evaluation with the employee before day ninety (90).lfthe employee,after receiving training,is unable to satisfactorily perform in the new position,the employee may return to the previously held position without loss of seniority,and with no recourse to the grievance/arbitration procedure.The employee may opt to return to the former position within the eixty—(-69)ninety (90)day trial period by notifying hislher supervisor in writing.In this event,the rate of pay and anniversary I date shall return to be the same as before the transfer. When an employee transfers from one position to another having a lower pay range,the rate of pay shall remain the same unless it exceeds the maximum step in the new range. If the current rate of pay exceeds the maximum step in the new range,the rate of pay will be the maximum step in the new range.If the emp|oyee‘s current rate of pay falls within the range of the lower pay range,the pay shall remain the same and will be placed on the proper step of the new lower pay range. mw When an employee is transferred from one position to another havin a hi her a ran e the employees rate of pay shall remain the same shall be the minimum step in the new range,whichever is greater. /3 mad 413%{M 4:3112,,, IBEW Date 3434013 Kl Date Agglqot? l AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 134 of 243 IBEW Counter Proposal #3,Section 4.15 March 24,2023 4.15 EVALUATION The Borough,IBEW and employees endorse written evaluation of all employees by supervisors for the purpose of evaluating the employee's strengths and weaknesses in theirjob performance.The written evaluation shal_______.....;. form,found in Appendix B.The overall rating on the form shall be determined by the rater as the best judgment of the overall performance of the individual.anum Each employee shall be evaluated at least once per year a minimum of thirty (30)days prior to their anniversary date unless a delay is reguested and mutually agreed upon, in consultation with the em lo ee and in writin between the Union and Em lo er ahead of time.If an emp|oyee’s evaluation is not timely prepared,I not delayledby mutual agreement,the emp|oyee’s performance shall be considered satisfactory. in the event an employee receives an unsatisfactory rating in any category of their evaluation,a personal conference will be held with the employee by the appropriate supervisor,mwmm to discuss the reason(s)for the unsatisfactogy rating and potential improvements.A written plan of improvement shall be implemented addressing the specific areas that resulted in the unsatisfactory evaluation.Detailed written records of all such conferences will be maintained.The supervisor shall re-evaluate the employee in writing when the improvements have been made but in no event later than sixty (60)calendar days following the unsatisfactory rating.Awp TA’d 255‘f"""\' ' IBE Date 3-Z‘!-Z023 KIB gmnate4.1:1 AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 135 of 243 IBEW Counter Proposal#2,Section 4.16 May 8,2023 4.16 PROMOTION Allother things being equal,it shall be the policy of the Kodiak Island Borough to promote from within the ranks of the Borough employees who meet the prescribed minimum qualifications for the position as determined by the Borough.Open positions for promotional consideration shall be posted in the manner as referenced in Section 4.3.At the end of five (5)working bgslngsg days,the department head may select a candidate(s),if two applicants are equally qualified,the Borough willselect the most senior.When an employee is promoted from one position to another having a higher pay range,the employee shall receive an increase of one pay step (2-%%)l2.§°(;),or the minimum rate of the higher pay range,whichever is greater.if the employee’s current rate of pay falls withinthe range of the higher pay range.the pay shall be adjusted to the next higher pay step in the new position’s range in order to be equal to a one step Increase above the current pay rate.The employees anniversary date shall change to the effective date of promotion.Thegmployge shallreceive a one-step pay increaseafter Qmplgting ix 6 f v 'cto rformance. Any employee who is promoted shall be given a reasonable period,not to exceed ninety (90)calendar days,to become acquainted with the job and to demonstrate ability to fill rlly.Th 3 isor h ll re wrl ten r ance v lu tlon -.on 2-.0 ofthevllnelod lllr I ,mmum if during the evaluation period the employee demonstrates unsatisfactory ability for the Job,the employee shall be returned to the employee's former job without loss of seniority and with no recourseto the grievance/arbitration procedure.The employee may opt to return to the former position within the ninety (90)calendar days. TA‘d use Date 7474033 Kroc/£liiArL\)~iLM1'M°l'DaleI1JMLL3 AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 136 of 243 IBEW Counter Proposal #1 March 23,2023 6.4 ON-CALL TIME /\ Hourly employees who are required to be on-call shall receive one hundred seventy-five dollars $175 a week compensation for carrying and monitoring a l9eeper—ereell—phene I electronic device.In the event that an hourly employee is called in to work to respond to a beeper call-out,the employee will receive time and one—half(1- 1/2)compensation for any and all hours worked over 8 in a day and over 40 in a week. /'\. /\ TA>d 435°?lvvIBET/)2gate3'23 '23 Date AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 137 of 243 KIB-IBEWCBA Negotiations 2023 3/23/2023 6.8 FLEXIBLE SCHEDULING OF WORK HOURS Supervisors are permitted to put their employees on flexible schedules so long as neither service to the public nor normal office hours are reduced,and so long as the employees volunteer in writing for flexible scheduling.Flexible scheduling is intended as an employee benefit;therefore,only employees who volunteer in writing to his or her supervisor for the flexible hours should be scheduled that way.Hours or work scheduled outside the standard work week are to be avoided. Flextime is the scheduling of an employee to work eight (8)hours a day between the hours of 7:00 a.m.and 6:00 p.m.Flextime must be approved by the employee's supervisor and the Manager or his/her designee.Approval of flexible scheduling prior to 7:00 a.m.or after 6:00 p.m.will be granted only under extenuating circumstances and must be mutually acceptable to the Employer and the Union.The flexible scheduling agreement shall be reviewed on an annual basis.If the employee transfers to another department while the agreement is in effect,the agreement ' .-:-:'-.-:.“:,="."._.'”._"-3".--:--!-:.-----I -.:shall remain in place,contingent upon mutual agreement between the employee and the Director of the incoming emp|oyee’s new department.Any change to the ?exible scheduling agreement shall be mutually agreed to between the employee and the Department Director,and the Borough Manager or hislher designee. Z?“I""‘ TA’d Date:3 '7-'5 'Z025 |BEW Time:{L53 Fm/\KIB AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 138 of 243 KIB Mediation Proposal,Section 7.1 July 14,2023 7.1 COMPENSATION Effective -‘l-/—1~/-29207/09/2023allBargaining Unitemployees shall receive a benueeheek -:..-.°:-::--.::.--:.e 4-M292-1-7/1/2024all Bargaining Unit employees shall receive a benuscheek--------~°---:=i.::.:-:::=.......-,wage increase egual to two percent (2%). Effective -1-/-14-29227/1/2025allBargaining Unit employees shall receive a --'°---::..i.::.:'------ TA‘d IBEW Date 7-l7-Z02!ms;/{i1}Au\UiMlMWDaieI’!JIALZB AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 139 of 243 IBEW Counter Proposal #1,Section 8.1 March 24,2023 8.1 ANNUAL LEAVE ENTITLEMENT (ON A CALENDAR YEAR BASIS} Leave with pay shall accrue to all full-time regular employees at the following rates based upon 26 annual pay periods of 80 hours per pay period. Length of Service Annual Total 0 through 2 years 18 days Over 2 years but 21 days less than 5 years Over 5 years but 24 days less than 8 years Over 8 years but 27 days less than 10 years 10 years and over 30 days For regular part—time employees working less than 30 hours a week and regular full-time employees working 30+hours but less than 40 hours a week,annual leave accrual will be pro-rated based upon n the scheduled hours described in the emQloyee’s employment agreement. TA,d ,2:47 pm 2:41PM. Date 3—z1,L-2o23 gig !QDatc:é}/ AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 140 of 243 KIB mediated proposal,Section 8.2 July 14,2023 8.2 ANNUAL LEAVE —GENERAL Annual leave may be used for vacations,personal business,and periods of illness.Leave for periods of time not exceeding three (3)working days shall be scheduled at least 24 hours in advance.Vacation leave exceeding three (3)working days shall be requested at least two (2)weeks in advance.Vacation leave will be charged to annual leave.Ifannual leave is insufficient,leave will be charged to leave without pay if approved by the Manager. Supervisors are responsible for permitting employees to utilize all leave earned in any calendar year.Supervisors and employees must schedule such leave usage in advance so as not to unduly conflictwith or severely restrict the normal work requirements of their respective department.in the event two employees submit leave requests on the same day and for the same period of time,the most senior employee will be granted his/her leave request if both employees cannot be spared,unless unusual circumstances dictate otherwise. Annual Leave can be accrued from year to year with a maximum accrual limit of severity- ii¥e—(—Z5-)sixty (60)working days/twelve (12)work weeks.The maximum accrual of 'sixty (60)working days/twelve (12)work weeks of annual leave shall not apply to any employees who.as of the effective date of this agreement,have greater than sl*ty~five—é_6_§)si;<_t_y(Q9)workinq_da3§/Lwelve (12_)_work weeks of annual leave.U on such em to ees'annual leave fallin below ‘ sixty (60)__workinqdays/twelve(12)work weeks?at emp_|_o_yee’snew maximum accrual willbecome )sixty (60 working days/twelve (12)work weeks. Any amount of leave above the maximum accrual limit will automatically be transferred into the sick leave account at the and of the calendar year.Leave continues to accrue during the period of time an employee is on paid leave.A recognized holiday occurring during an employee's leave period shall not be counted as a day of leave. TA’d L ate 7'i7'D13 KIB vvtz1»\l\il.M»l'ai«u/rDateI1OTALL3 AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 141 of 243 IBEW Proposal,Section 8.3 March 9,2023 8.3 CASH-IN OF ANNUAL LEAVE An employee upon written request shall be permitted to cash in up to 80 hours of his/her annual leave in excess of 80 hours.Such cash out shall be permitted once in a calendar year.In the case of a serious event,an employee may cash out any accrued annual leave in excess of 80 hours.Any cash-in of annual leave must be approved by the Borough Manager.Examples of events may be,but are not limited to,replacement or repairs to home systems such as roofs,heaters,foundation,plumbing and other systems;damage to,or repair of automobiles;illness or injury to the employee or immediate family member per FMLA;other unexpected events.Employee is aware that justification to the Borough Manager regarding the serious event may be required. TA’d 3:57 (M IBE,Date 3-‘i-Z013 K ate 3 2oz AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 142 of 243 KIB Response to IBEW Package Proposal #3,Section8.5 May 15,2023 8.5 MANDATORYLEAVE All employees must utilizea minimum often (10)days ?nnualleave per annum.Excess annual leave (over (¥5){§_5)six3y(60)working daysawglve (12)work wegkg)will automatically be transferred Into the sick leave account at the end of the calendar year. TA‘d IBE e 7"7'z°7-3 Klnx/JV“./!4»l1«\u \MX'dMA9Da:el‘! JMLZ3 AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 143 of 243 IBEW Package Proposal #4,Section 8.7 May [5,2023 8.7 SICK LEAVE Each fu|l~time regular employee shall accrue sick leave from the date of employment at the rate of fifteen (15)days per calendar year pro-rated by 26 pay periods of 80 hours each regardless of length of service.For regular part-time employees worklng less than 30 hours a week and regular full-time employees working 30 +hours but less than 40 hours a week.sick leave accrual willbe pro~rated based upon regularly-scheduled-hears B the gchedgled nggrg descrliggg in the emp|oyee’s emplgymont agreemgng. Sick leave is available for use by the employee or if the employee's dependent child (as found in the “Definitions"portion of Section 8.8 Family/Medical Leave)or spouse is sick and requires the physical presence of the employee in the Interest of family welfare. Employees not able to work due to Illness shall notify their supervisor wlthin—tvve-hears as soon as practical,but not later than the—theirscheduled reporting time. When sick leave exceeds three (3)consecutive workdays,a statement from a licensed health care practitioner may be required to substantiate the leave taken.if sick leave is not sufficient to cover an absence due to illness,leave shall be charged to annual leave, then to leave without pay‘ Accrued sick leave may be used during the probationary period.Excess annual leave (over sevent-y?ve?y (>15-)(_6g_)worklng daysltweive (12)work weeks)will automatically be transferred into the sick leave account at the end of every calendar year. No cash payment willbe made to an employee for unused sick leave when the employee terminates from Borough Service. TA‘Ll 1313 ate 7-l7-7202}Date 1''3'W-7-3 AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 144 of 243 KIB-IBEWCBA Negotiations 2023 3/23/2023 8.8 FAMILYIMEDICALLEAVE An employee is entitled to the provisions of the Federal Family and Medical Leave Act and the state law provisions of AS 39.20.500—550,as they may be amended from time to time,and the following paragraphs shall apply unless in conflict with those provisions of law.In compliance with the state and Federal Family and Medical Leave acts (including any amendments)family leave (sick leave)may be utilized by eligible employees for a serious health condition of the employee,their child,spouse or parent. Up to twenty-four (24)weeks in any twenty-four (24)month period may be utilized for this purpose,with a maximum of eighteen (18)weeks allowed in any twelve (12)month period (i.e.,an employee who opts to take eighteen (18)weeks in the first twelve (12) months would then have six (6)weeks remaining to take in the following twelve (12) months). The Family and Medical Leave Acts allow for family leave to be utilized by eligible employees for pregnancy and birth of a child of the employee,or the placement of a child,other than the employees stepchild,with the employee for adoption.The right to take leave for this reason expires on the date one year after the birth or placement of the child.Up to eighteen (18)weeks within a twelve (12)month period may be taken for this purpose.The twelve (12)month period will be calculated from the day the employee first utilizes family/medical leave. Eligibility —Employees are eligible to use family leave for the purposes outlined above if they have been employed at least thirty-five (35)hours a week for six (6)consecutive months or seventeen and one-half (17.5)hours a week for twelve (12)consecutive months immediately preceding the leave (Alaska Statute 39.20.500.b) The following parental leave policy applies to those employees having worked ten (10) months preceding parental leave: Parental Leave:An employee who has been employed for not less than ten (10)consecutive months is entitled to take a total of six (6)months leave of absence immediately preceding and following the childbirth or adoption. The employee requesting parental leave may receive cash payment in lieu of up to ten (10)days accumulated annual leave.A request for this payment must be made at least thirty (30)calendar days in advance.The employee who desires to resume employment following parental leave shall submit a request for leave at least thirty (30)calendar days prior to any parental leave,unless extenuating medical circumstances prevent such notice.The employee shall be reinstated with no loss of time in service. All family/medical leave will first be charged to sick leave,then to annual leave and then to leave without pay.Employees may cheese e notify the designated Human 2143 PixTA’d Date:3—Z3-Z02}IBE Time:‘V.3'13Foo KIB AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 145 of 243 KIB-IBEWCBA Negotiations 2023 3/23/2023 Resources representative if they choose to retain a balance of five (5)days paid leave before switching to leave without pay.Leave without pay provisions as outlined in this document willapply. Employee Notice —If the necessity for leave is foreseeable based on an expected birth or adoption or planned medical treatment or supervision,the employee shall provide the Borough with at least thirty (30)calendar days‘notice prior to the expected need for leave wherever possible.Where thirty (30)calendar days’notice is not possible,the employee is required to provide such notice as is practicable.The employee shall also make a reasonable effort to schedule treatment or supervision so as not to disrupt unduly the operations of the Borough,subject to the approval of the employees health care provider. Group Health Coverage —During the time that an employee is on leave under the Act, the Borough will maintain coverage under the group health plan at the level and under the conditions that coverage would have been provided if the employee had been employed continuously from the date the leave began to the date the employee returns from leave.Employees who pay premiums for health insurance coverage by paycheck deduction will still be responsible for those premiums while on leave without pay.The Borough’s obligation to maintain health insurance coverage will cease if an emp|oyee’s premium is thirty (30)calendar days late.The Borough may recover the costs for maintaining health insurance coverage for an employee on unpaid leave if the employee fails to return from the entitled leave period for a reason other than the recurrence or continuation of a serious health condition or other circumstances beyond the control of the employee. Certification —The Family/Medical Leave Act contains a provision allowing employers to verify the existence of a “serious health condition”before granting an emp|oyee’s leave request.Employees requesting leave because of a serious health condition may be required to produce a “certi?cation”from the treating licensed health care provider of the patient.The Borough may also,at its own expense,require a second opinion to ascertain the validity of the certification provided by the treating licensed health care provider. Return to Work —The Borough at its discretion may require a certificate from an attending physician that the employee who has taken family medical leave is able to return to work. Employee's Rights Upon Return From Leave —Unless the Borough's business circumstances have changed to make it impossible or unreasonable,when an employee returns from leave mentioned above,the Borough shall restore the employee to the position of employment held by the employee when the leave began;or to a substantially similar position with substantially similar benefits,pay,and other terms and conditions of employment. :(3 ~ TA‘d 1 L ‘P Date:3-234023 IBEW Time:13513 #1,...‘KIB AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 146 of 243 KlB—|BEW CBA Negotiations 2023 3/23/2023 '”"‘D;fiQi_tLo?-“parent”means a biological or adoptive parent,a parent-in-law,or a stepparent. “child”includes the employee’s biological,adopted,or foster child, stepchild,or legal ward who is under 18 years of age,or 18 years of age or older and incapable of self-care because of mental or physical disability. “serious health condition”means an illness,injury,impairment, or physical or mental condition that involves inpatient care in a hospital,hospice,or residential health care facility;or continuing treatment or continuing supervision by a health care provider. /"‘\ TA'd Date:g'Z3'2"Z3 IB Time:2*Ag;?4,. AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 147 of 243 KIB response IBEW Package Proposal #9,Section 8.9 May 15,2023 8.9 LEAVE-WITHOUT-PAY Leave-without-pay,if approved by the Borough Manager,may be granted to an employee not to exceed thirty (30)days per fiscal year.Leave withoutpay shall not be granted until such time as all accrued annual leave has been exhausted.Annual and sick leave do not accrue when the employee is in a leave-without-pay status days.Employees who are in a leave-without-pay status longer than ten (10)consecutiv_e_ working days willalso not be eligible for holiday pay within the leave without pay period. Under the Public Employees Retirement System (PERS),leave-without-pay exceeding ten (10)working clays is not creditable service.Employees in leave-without-pay status for more than ten (10)working days for a reason other than family/medical leave willbe responsible for paying that portion of the health insurance premium for the leave taken beyond ten (10)working days.Exempt employees in leave-without-pay status will not have any reduction in pay for absences of less than a full day (eight hours)of leave- without-pay in recognition of the fact that exempt employees are not eligible for overtime pay. TA’d IBEW Date 7'l7-207-3 KIB/<lW1£\l\llxM»lll/4’6’Datel7WMLZ3 AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 148 of 243 IBEW Counter Pmposal #2,Section 8.10 May 8,2023 8.10 TE TIONALLY FTB AN |ll|.§,-i’;aF;”4hu?u-£4-f.;n.ij;’.inx ' TA’d me om 7-l7—‘Loz'5 KIB Mm>ate|13U%3 AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 149 of 243 IBEW Package Proposal #4,Section 8.1 I May 15,2023 8.11 HOLIDAY LEAVE The following holidays shall be recognized by the Borough: New Year's Day 15‘January MartinLuther King's Birthday 3'”Monday in January 3"‘Monday in February Seward’s Day Last Monday in March Memorial Day Last MondayinMay Jgggtggntn 19"‘June Independence Day 45“July Labor Day 15'Monday in September Veteran's Day 11"‘November Thanksgiving Day 4"‘Thursday in November Thanksgiving Friday Day after Thanksgiving Christmas Day 25"‘December Employee's Birthday An employee's birthday shall be observed on a workday mutually agreed to by the employee and the Employer three months prior or three months after their actual birthday.Employees who ask to celebrate their birthday holiday during the month in which it fails will not be unreasonably denied. in addition to Borough recognized holidays,every day designated by public proclamation by the President of the United States as a ggzmgnent legal holiday shall also be observed as a holiday for Borough employees.(-Alaska-Day—was -:::::-.-::-I;:..~e.:-.2--:..:.::::-42:::.Z-- Durlng negotiations Seward's Day remainedas a regognized holiday In leg gf lndlgggggs Beagles’Day.in the event of a recognized holiday falling on Saturday, the preceding Friday shall be observed.in the event of a recognized holiday falling on Sunday,the following Monday shall be observed.All employees shall be excused from work on recognized holidays and special holidays,except where the activities of the TA’d us ate 7"7'7-975 K1B./(-\vAuyiilulhwnate«'1 «TI/11,25 AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 150 of 243 KIB counter to IBEW Counter Proposal #3,Section 8.12 May 15,2023 8.12 BEREAVEMENT LEAVE the emp|y’s opin,acruedsick eaveornual leave maybe used by an employee upon the death of a member of the employee's,their spouse’_s_er immediate fami|y ....-3:‘.-~ Bereugh).immediate faily is defined as spouse,silings,son,daugher,parents, stepparents,stepsiblings,stepchildren father-in-law,mother-in-law,brother-in—|aw, sister-in-‘law,son—in—|avv,daughter—in-law,grandparents and grandchildren.Up—t<Hhree lf the emp|ovee’s annual and sick leave are or become exhausted.and the emplovee mav~—request desires to utilize leave without pay.the em_ploy_eeshall request approval from the Borgugh Manager as described in Section 8.9, for the purpose of bereavement. ,man;an.o TA’d 3.’/’-//A-.3”‘,PM IBEW Date 5-";~zo23 KI Date S21-s)2e>z3; AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 151 of 243 KIB Counter to IBEW Counter Proposal #3,Section 8.17 May 15,2023 8.17 SICK LEAVE BANK All Kodiak island Borough regular employees are eligible to participate in a Sick Leave Bank.The Sick Leave Bank shall be administered by the Manager.The Finance Department shall maintain an accountinq of the Sick Leave Bank balance at all times. This balance information will be available to any participant upon request.It is the Manager's responsibility to approve or deny requests for Sick Leave Bank usage. Requests to utilize the Sick Leave Bank will not be unreasonably denied. Participation Rules: 1,'--e:-.-.-~-...-__...------5-,, Donations usigg the Sick Leave Bank Donation form (Appendix Btwillbe made to the Bank once a year in the month of January for any V employee wanting to participate in the Sick Leave Bank.The employee will be responsible for submitting donation forms to p__a_yrollbetween January 1 and January 31. 2.Each participant will donate one (1)day of laisrthertheir sick leave to the Bank in Januaw of each year,until the Bank is built up to a maximum of three hundred (300)days. 3.No more days will be added after the maximum amount of 300 days has been reached until the Bank is depleted to two hundred my (250)days except for new partigipants.In the case where the bank is depleted to less than two hundred fifty (250)days,the Finance Department will notify participants and participants may donate additional days upto a maximum donation of three (3)days. 4.In the event that the Bank becomes totally depleted (0 days)during the year.the Finance Department will notify each participant of the Bank.Upon noti?cation, participants will be required to donate a minimum of one (1)day up to a maximum of three (3)additional days each year to if they wish to continue participation in the Sick Leave Bank.Donations will be accepted for 20 workinq days from the written notification to sick leave bank participants. A participant will not be able to withdraw days from the Bank until all of1t1e_irown accrued sick leave and annual leave have been depleted.The maximum number of Sick Leave Bank days available to a member—participant shall be tvventy-two (22)days in any calendar year.In the case of multiple requests,if there are not enough days in the Bank to cover the requests in full,the available days will be split evenly between the requesting employees.Employees withdrawing Sick Leave Bank days will not be required to replace these days except as a regular contributing member of the Bank.Employees withdrawing Sick Leave Bank days may voluntarily eentribate donate additional days to the Bank. TA’d 3'.(o Pm IBEW te 545-2013 3 Stop" Date 5L52023; AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 152 of 243 KIB Counter to IBEW Counter Proposal #3,Section 8.17 May 15,2023 An employee withdrawing from padicipation in the Bank.or upon termination 9_f__employmentwith the Borough;will not be able to withdraw the eentrilauted _(_l_q_ri days. Sick leave days can only be withdrawn from the Bank for the participants serious illness or injury.Normal pregnancy leave and parental leave not associated with illness or disabi|ity are not eligible for Sick Leave Bank requests.Requests for use of Bank days will be fon/varded by the emp|oyee_-to the Manager using the Sick Leave Bank Withdrawal Reguest form (Appendix B)and must be accompanied by a letter from the attending physician.The approval of the request shall be subject to the attending physician’s supportive statement.Approved requests will then be forwarded to payroll for processing. The Kodiak Island Borough sick leave bank donation form shall be used as verification of sick leave donated to the Sick Leave Bank. Qualifications for participation in Sick Leave Bank: A.Only regular ful|—_timeor part—timeemployees are eligible to participate in the Sick Leave Bank. B.Only participants of the Sick Leave Bank are eligible to use the Bank. C.Employees who have completed their probationarLperiod are eligible to donate one (1)day of their sick leave to the Bank at the end of their Qrobationamperiod.Donation will be made within 30 days of the end of the TA’d 3210 ya. IBEW ate 5 5—l§—2°7J KIB Date AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 153 of 243 KIB Mediation Proposal,Section 12.1 July 14,2023 12.1 HEALTH AND WELFARE BENEFITS 12.1.1 The Borough agrees to participate in,and contribute to,the Alaska Electrical Health and Welfare Trust Fund (AETF),for the purpose of providing certain health and welfare bene?ts to eligible regular employees under Medical Plan 551,Dental Plan 601, Vision Plan 701,Disability Plan 801,and Life and AD&D Plan 901. Coverage begins on the first day of the first month a?er the employee’s date—ef—hirefirst day of wor .. 2 .—::.7:2-.--:——:=—~—:-V-—~—=:————————_~For example:An employee hired on or after June 1 will be covered me&n beginning July 1. If an employee separates employment on or before the 15”‘of the month,coverage terminates at the end of that month.if the employee separates employment after the 15"‘ of the month,cGoverage terminates at the end of the month following the employees date of separation ..& in consideration of receipt of the transferred funds the Alaska Electrical Health and Welfare Trust Fund and Union hereby agree to indemnify and hold harmless the Kodiak Island Borough from any and all claims and actions of whatever nature or consequence arising from the exemption of Bargaining Unit members from the Health Plan,including any claims arising from no-coverage of eligible employees and qualified spouses or dependents. 12.1.2 FUTURE INCREASES The AETF will inform the Borough of any increase in premium amount by March 15 of each year.Effective April 1,—?-945,ofeach calendar year the Borough shall change the monthly medical contribution to the Alaska Electrical Health and Welfare Trust (rounded to the next dollar)for each eligible employee by 90%of the annual premium increase as provided by the Trust,with the employee paying ten percent (10%)ofthe annual premium increase;not to exceed a 10%increase in the base contribution per annum.The AETF shall advise the Borough of the pre-tax contribution amount that employee's shall contribute per month to the Alaska Electrical Health and Welfare Trust through payroll deduction.lf premium increases exceed ten percent (10%),the Union and the Borough agree to meet and confer over shared cost alternatives. 12.1.3 CONTRIBUTIONS The Borough agrees to make the appropriate contributions to the health and Welfare Trust on or before the ?fteenth day of the month following the month in which the hours were worked.The amount the employee contributes,if any,for Health and Welfare Trust benefits will be split equally between the first two (2)pay periods in each month. TA’d 1 Date 7-I7-2°23 Klaxtriiuwit?liinuernatertW4»?/3 AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 154 of 243 KIB Mediation Proposal,Section 12.1 8) b) July 14,2023 Effective July 1 2023: Coverage Total Premium KlB Pays Employee Pays All Employees $2,352.00 §2 169.00 $183.00 The Borough shall provide,on a non-contributory basis,a group Life and Accidental Death and Dismemberment insurance plan for each eligible,regular employee.The program of benefits will be as described in a Master Contract between the Borough and insurance carrier. Eligible employee is defined as either: 1)a regular full-time employee,or 2)a regular part-time employee working at least twenty (20)hours per week. Regular part-time employees who are eligible foram eeverager-insurance coverage shall continue to pay a proportional share of the premium. An employee on an approved leave of absence may elect to pay the premium for Borough-wide health insurance during this period,if allowed under the group insurance contract. The Borough also provides a non-contributory Accident Travel Insurance policy, which provides $100,000 coverage to employees who are traveling on official Borough business. f)__The Borough will provide continuation of regular health insurance benefits for employees who utilize family and medical leave and parental leave for a period not to exceed the time limits outlined in the State and Federal Family and Medical Leave Acts and the Borough parental leave policy.Ifthe employee pays a premium for health coverage for dependents,they are still responsible for payment of their portion of the premium while on leave. Qg)The Borough shall provide a Life and Accidental Death and Dismemberment insurance plan for each eligible,regular employee. g)h)The Borough will provide shon and long-term disability TA’d [BE insurance program for each employee. ate 7‘l7-$023 KIBL,&\.lM,kW atel7IMLL5 AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 155 of 243 KIB-IBEW CBA Negotiations 2023 13.3 TIME SHEETS Copies of the emp|oyee’s time sheets,within the past three-years,shall be made available,upon request,by the employee or his/her designee. TA’d Date:3-t0~‘Z/013 IBE Time:3‘.Ig{gb KIB AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 156 of 243 KIB-IBEW CBA Negotiations 2023 3/10/2023 13.5 MOVING EXPENSES FOR NEW EMPLOYEES The Borough Manager may specify positions in high demand and short supply requiring moving expenses for the purpose of accepting employment with the Borough,upon approval of the Borough Assembly.Such positions may be reimbursed for actual and necessary expenses under the following conditions: a. TA’d Date:3“o'7’°z3 Time:33-5'7 [E'‘'\ The employee must be appointed to a position for which the Borough Manager certifies that such expenditure is necessary to recruit qualified employees. The maximum reimbursable for an employee shall be determined at the time of employment in accordance with current costs not to exceed the equivalent of one months salary. New employees who are assisted with their moving expenses shall be required to sign the following Transportation Agreement found in Appendix B prior to employment.The Transportation Agreement shall stipulate that the employee will reimburse the Borough for all or part of such expenditures in the event he or she voluntarily leaves Borough service,or is discharged for cause,within a period of two (2)years according to the following schedule: 100%-Less than twelve (12)months 75%-Twelve (12)but less than eighteen (18)months 50%-Eighteen (18)but less than twenty-four (24)months Any time that an employee spent in a Leave Without Pay status will be added gm above timelines. +0 New employees may not be given an advance against moving expenses without prior written approval of the Borough Manager. It is the responsibility of the appointing authority to see to it that prospective new employees are aware of pertinent limitations of these regulations before a move is made. New employees shall be advised by the appointing authority of dollar limitations, the need for itemized receipts or invoices,the meaning of the Transportation Agreement,and other pertinent matters prior to their move. IBEW KlB AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 157 of 243 IBEW Counter Proposal #1,Section 13.7 March 10,2023 13.7 CLOTHING ALLOWANCE Where special clothing or a uniform is required for the position because of exposure to hazardous materials or compounds,a clothing reimbursement of Seven hundred dollars ($700)per year shall be allowed.The yearly amount to be paid shall be based on the cost of the required clothing as determined on the clothing reimbursement form found in Appendix B.All payments will be in accordance with current l.R.S.regulations. ~(Por-Ms) AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 158 of 243 /‘“\ KIB Counter Proposal #3,Section 13.14 April 3,2023 13.14 TRAVEL The Borough will be responsible for purchasing lodging and transgortation for emp|oyees who are traveling out of town on official business;will—be..-;==_:.A .3. .,,.The Borough will reimburse the emgloyee for local transportation such as ride services (Uber,Lyft, taxi ublic trans ortation u on submission of a a ment re uest with a co of receigts and the executed Travel Authorization.Employees will be paid a per diem for meals equal to the amount listed in the current US Government Services Administration (GSA)agency schedule.It should be noted that for non-contiguous states (Alaska and Hawaii)the GSA uses the Department of Defense Rates.These rates can be found on the Federal Government web site at http://www.gsa.gov.The federal government regulations also specify that on the first and last day oftravel,per diem will be 75%of the daily rate.When an employee is on official business beyond their normal work hours E not requiring an overnight stay,per diem will be 75%of the daily rate. All The Borough and its employees en—effieial—travelare expected to make every effort to minimize the cost of travel.The Borough will not pay for first class air travel,gourmet meals,alcoholic beverages,party expenses,plush hotel suites,etc.Before embarking on any travel and prior to submitting travel-related cheek gayment requests fer—peH=ehase orders,employees must submit a Travel Authorization Form (see sample form in Appendix B —Forms Section). _._-._ ,..--.....-,--::-_|nthe event that an accommodation is found to be unavailable epuninhabitable unsuitable upon arrival,and payment cannot be made by the Borough,reimbursement may be requested for hotel rooms with proper receipt submittal.An advance for per diem can be requested no sooner than two weeks prior to travel. TA’d ”\"5%“M IBE ate LI'3 '2°23 FE ?’:l;'®m«=_ B Date jyjgzg AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 159 of 243 px KIB-lBEWCBA Negotiations 2023 3/10/2023 19.4 NEGOTIATIONS PROCEDURE a. TA’d Date: Time: Negotiations may be requested by either party prior to January 15”‘of the fiscal year in which the contract may expire. mm4s Meeting shall be held as necessary at times and places agreed upon by the parties. Requests for negotiations from the IBEW will be made directly to the Manager. Requests for negotiations from the Borough representative shall be transmitted through the Manager to the IBEW designated representative.Negotiations shall be conducted between March 1 and May 30.It is mutually agreed that the negotiations cannot be held prior to March 1 without the concurrence of both parties. After negotiations have been undertaken,this agreement will remain in full force and effect so long as the parties continue to bargain together in good faith; provided,however,that the agreement which results from such negotiations will be effective as of the expiration date of this Agreement. The negotiating meetings may be held in closed session upon mutual agreement of both parties,but all final agreements shall be made at a public meeting of the Assembly.The first meeting will be held in closed session.The ground rules will be developed and signed-off prior to the beginning of formal negotiations.During this first meeting the IBEW and the Borough Manager will designate team members and spokespersons for the pending period of formal negotiations.Also, at this time,each party will submit a listing (table of contents)of each item it wishes to place in the new agreement.No item will be the proper subject for negotiations unless contained in either list. Negotiating Team:No more than seven (7)designated representatives of the Borough Manager plus a spokesperson will meet with no more than seven (7) representatives of the IBEW plus a spokesperson for purposes of negotiations.All negotiations shall take place exclusively between the designated representatives of the parties. Consultants may be called upon by either party and utilized on the negotiation of any matter being considered by the negotiation committee.The party employing such consultants shall give notice of their intent to use such consultants in the meeting prior to their use.Consultants shall present only factual information. Costs and expenses resulting from the use of services of such consultant shall be borne by the party engaging their services. The Borough and IBEW agree to participate in “good faith”negotiations. 340-207.3 IBE lo‘.t8 an-\KIB AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 160 of 243 Page 1 Contract #FY2020-18 AGREEMENT BETWEEN KODIAK ISLAND BOROUGH AND INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL UNION 1547 AFL-CIO AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 161 of 243 Page 2 January 1, 2020 through June 30, 2023 TABLE OF CONTENTS ARTICLE 1: RECOGNITION ................................................................................................................................. 5 1.1 RECOGNITION ................................................................................................................................................. 5 1.2 MEMBERS OF BARGAINING UNIT ............................................................................................................... 5 ARTICLE 2: MANAGEMENT RIGHTS ................................................................................................................ 7 2.1 MANAGEMENT RIGHTS ................................................................................................................................ 7 2.2 SUBCONTRACTING AND CONSULTANTS ................................................................................................. 7 ARTICLE 3: DESIGNATION OF EMPLOYEES .................................................................................................. 7 3.1 DESIGNATION OF EMPLOYEES ................................................................................................................... 7 ARTICLE 4: HIRING AND ADVANCEMENT ..................................................................................................... 8 4.1 JOB VACANCIES ............................................................................................................................................. 8 4.2 TEMPORARY POSITIONS .............................................................................................................................. 8 4.3 JOB POSTING ................................................................................................................................................... 8 4.4 JOB ANNOUNCEMENTS AND PUBLICITY .................................................................................................. 8 4.5 QUALIFICATIONS FOR APPOINTMENT ...................................................................................................... 8 4.6 SELECTION PROCESS .................................................................................................................................... 9 4.7 JOB ORIENTATION ......................................................................................................................................... 9 4.8 ENTRANCE WAGE RATE ............................................................................................................................... 9 4.9 STEP INCREASES ............................................................................................................................................ 9 4.10 LONGEVITY PAY ........................................................................................................................................ 10 4.11 SHIFT DIFFERENTIAL ................................................................................................................................ 11 4.12 TEMPORARY ASSIGNMENTS ................................................................................................................... 11 4.13 EMPLOYEE TRANSFERS ............................................................................................................................ 12 4.14 PROBATIONARY PERIOD .......................................................................................................................... 12 4.15 EVALUATION .............................................................................................................................................. 12 4.16 PROMOTION ................................................................................................................................................ 13 4.17 DEMOTION ................................................................................................................................................... 14 ARTICLE 5: SEPARATIONS ................................................................................................................................ 14 5.1 RESIGNATIONS ............................................................................................................................................. 14 5.2 LAYOFFS ........................................................................................................................................................ 14 5.3 TERMINATION .............................................................................................................................................. 16 5.4 DISMISSAL NOTICE AND SEVERANCE PAY ........................................................................................... 16 ARTICLE 6: WORK SCHEDULE & OVERTIME ............................................................................................. 17 6.1 HOURS OF WORK .......................................................................................................................................... 17 6.2 OVERTIME...................................................................................................................................................... 17 6.3 TEN HOUR WORK DAY ................................................................................................................................ 18 6.4 ON-CALL TIME .............................................................................................................................................. 18 6.5 OFF DUTY/CALL OUT PAY .......................................................................................................................... 18 6.6 REST PERIODS ............................................................................................................................................... 18 6.7 STAGGERED LUNCH PERIODS ................................................................................................................... 19 6.8 FLEXIBLE SCHEDULING OF WORK HOURS ............................................................................................ 19 ARTICLE 7: COMPENSATION ............................................................................................................................ 19 AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 162 of 243 Page 3 7.1 COMPENSATION ........................................................................................................................................... 19 ARTICLE 8: LEAVE ............................................................................................................................................... 19 8.1 ANNUAL LEAVE ENTITLEMENT (ON A CALENDAR YEAR BASIS) .................................................... 20 8.2 ANNUAL LEAVE – GENERAL ..................................................................................................................... 20 8.3 CASH-IN OF ANNUAL LEAVE ..................................................................................................................... 21 8.4 PAYMENT OF ANNUAL LEAVE UPON TERMINATION .......................................................................... 21 8.5 MANDATORY LEAVE .................................................................................................................................. 21 8.6 DONATION OF LEAVE ................................................................................................................................. 21 8.7 SICK LEAVE ................................................................................................................................................... 22 8.8 FAMILY/MEDICAL LEAVE .......................................................................................................................... 22 8.9 LEAVE-WITHOUT-PAY ................................................................................................................................ 24 8.10 EDUCATIONAL LEAVE-WITHOUT-PAY ................................................................................................. 25 8.11 HOLIDAY LEAVE ........................................................................................................................................ 25 8.12 BEREAVEMENT LEAVE ............................................................................................................................. 26 8.13 WORKERS’ COMPENSATION LEAVE ...................................................................................................... 26 8.14 COURT DUTY ............................................................................................................................................... 27 8.15 MILITARY LEAVE ....................................................................................................................................... 27 8.16 UNAUTHORIZED LEAVE ........................................................................................................................... 28 8.17 SICK LEAVE BANK ..................................................................................................................................... 28 ARTICLE 9: SENIORITY ...................................................................................................................................... 29 9.1 SENIORITY ..................................................................................................................................................... 29 ARTICLE 10: DISCIPLINE ................................................................................................................................... 30 10.1 DISCIPLINE .................................................................................................................................................. 30 ARTICLE 11: TRAINING ...................................................................................................................................... 31 11.1 NEW EQUIPMENT TECHNOLOGY OR PROCEDURES .......................................................................... 31 11.2 TUITION REFUNDS ..................................................................................................................................... 31 11.3 TUITION AGREEMENT ............................................................................................................................... 32 11.4 SPECIAL TRAINING .................................................................................................................................... 32 11.5 SPECIAL TRAINING AGREEMENT ........................................................................................................... 33 11.6 TRAINING ..................................................................................................................................................... 33 ARTICLE 12: BENEFITS ....................................................................................................................................... 33 12.1 HEALTH AND WELFARE BENEFITS ........................................................................................................ 34 12.2 RETIREMENT ............................................................................................................................................... 35 12.3 JOINT HEALTH CARE COMMITTEE ......................................................................................................... 36 ARTICLE 13: EMPLOYMENT PRACTICES ..................................................................................................... 36 13.1 PERSONNEL RECORDS .............................................................................................................................. 36 13.2 PAYROLL PROCEDURES ........................................................................................................................... 37 13.3 TIME SHEETS ............................................................................................................................................... 37 13.4 PAY CHECK ERRORS .................................................................................................................................. 38 13.5 MOVING EXPENSES FOR NEW EMPLOYEES ......................................................................................... 38 13.6 TRANSPORTATION AGREEMENT ........................................................................................................... 39 13.7 CLOTHING ALLOWANCE .......................................................................................................................... 39 13.8 BOROUGH VEHICLES ................................................................................................................................ 39 13.9 PRIVATE AUTOMOBILE USAGE .............................................................................................................. 40 13.10 GIFTS AND GRATUITIES ......................................................................................................................... 40 13.11 PROFESSIONAL ORGANIZATION DUES ............................................................................................... 40 13.12 EMPLOYMENT OF FAMILY MEMBERS ................................................................................................ 40 13.13 OTHER EMPLOYMENT ............................................................................................................................ 41 13.14 TRAVEL ...................................................................................................................................................... 41 13.15 STRANDED WHILE ON BOROUGH TRAVEL ........................................................................................ 42 AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 163 of 243 Page 4 13.16 SAFETY ....................................................................................................................................................... 42 13.17 SAFETY COMMITTEE ............................................................................................................................... 42 13.18 PROHIBITION OF SMOKING ................................................................................................................... 43 13.19 DRUG-FREE WORKPLACE ...................................................................................................................... 43 13.20 POLITICAL ACTIVITIES ........................................................................................................................... 43 ARTICLE 14: NO STRIKE – NO LOCKOUT ..................................................................................................... 43 14.1 NO STRIKE, SLOWDOWNS, OR LOCKOUTS ........................................................................................... 43 ARTICLE 15: GRIEVANCE PROCEDURE ........................................................................................................ 43 15.1 GRIEVANCE PROCEDURE ......................................................................................................................... 43 ARTICLE 16: UNION REPRESENTATIVES ....................................................................................................... 45 16.1 UNION REPRESENTATIVES ...................................................................................................................... 45 16.2 SHOP STEWARD .......................................................................................................................................... 46 ARTICLE 17: UNION SECURITY ........................................................................................................................ 46 17.1 UNION SECURITY ....................................................................................................................................... 46 17.2 DUES DEDUCTION ...................................................................................................................................... 47 17.3 GOOD STANDING WITH UNION ............................................................................................................... 47 17.4 POSTING OF AGREEMENT ........................................................................................................................ 47 17.5 BULLETIN BOARDS .................................................................................................................................... 47 17.6 UNION ACTIVITIES ..................................................................................................................................... 47 ARTICLE 18: NON-DISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY .................................. 48 18.1 NON-DISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY ...................................................... 48 ARTICLE 19: GENERAL PROVISIONS ............................................................................................................. 48 19.1 EFFECT OF AGREEMENT ........................................................................................................................... 48 19.2 SUCCESSORS AND ASSIGNS .................................................................................................................... 48 19.3 PRODUCTIVITY ........................................................................................................................................... 48 19.4 NEGOTIATIONS PROCEDURE .................................................................................................................. 49 19.5 SCOPE OF AGREEMENT ............................................................................................................................. 50 19.6 NOTICES ....................................................................................................................................................... 50 19.7 COMPILATION OF AGREEMENT.............................................................................................................. 50 19.8 IMPASSE PROCEDURE ............................................................................................................................... 51 19.9 MEET AND CONFER ................................................................................................................................... 52 ARTICLE 20: TERM OF AGREEMENT ............................................................................................................. 52 20.1 TERM OF AGREEMENT .............................................................................................................................. 52 20.2 AMENDMENT OF AGREEMENT ............................................................................................................... 52 ARTICLE 21: LABOR-MANAGEMENT COMMITTEE ................................................................................... 52 APPENDIX A – CLASS TITLES AND PAY RANGES SALARY SCHEDULES (2017, 2018, 2019) AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 164 of 243 Page 5 PREAMBLE This Agreement is made and entered into by and between Kodiak Island Borough hereinafter referred to as the “Employer” or “Borough” and Local Union 1547 of the International Brotherhood of Electrical Workers, AFL -CIO hereinafter referred to as “Union” or “IBEW”. The purpose of this Agreement is to set forth the understanding reached between the parties with respect to wages, hours of work, and other terms and conditions of employment. The Borough and the IBEW have a common and sympathetic interest in the Kodiak Island Borough. Therefore a working system and harmonious relations are necessary to improve the relationship between the Borough, the IBEW, and the public. Progress in service to the Public demands a mutuality of confidence between the Borough and the IBEW. All will benefit by the continuous peace and by adjusting any difference by rational, common sense methods as outlined by the procedures set forth herein. The following is agreed to in good faith by the parties and shall remain in effect until changed as outlined herein or altered by future negotiations. PURPOSE OF AGREEMENT The purposes of this agreement are to set forth the negotiated wages, hours and other terms and conditions of employment for IBEW represented employees, t o promote the settlement of Union disagreements by conference, to provide for the resolution of unsettled grievances by binding arbitration, to prevent strikes and lockouts and to encourage a spirit of helpful cooperation between the Borough and its employees and the Union to their mutual benefit and the benefit of the general public. Article 1: RECOGNITION 1.1 RECOGNITION The Employer recognizes the Union as the sole and exclusive representative for those employees employed by the Employer as set forth in this Agreement. 1.2 MEMBERS OF BARGAINING UNIT The bargaining unit is comprised of the following positions: AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 165 of 243 Page 6 Assessing Appraiser Technician Assessment Clerk I & II Property Appraiser Property Appraiser Lead Community Development Assistant Planner Associate Planner/ENF Associate Planner/LRP Drafting Technician Secretary I, II and III GIS Analyst Code Enforcement Officer Engineering & Facilities Project Manager Maintenance Engineer Baler Operator I & II Carpenter/Project Manager Maintenance Mechanic Projects Assistant Secretary I, II, and III Solid Waste Baler/Landfill Supervisor Interpretive Specialist/Receptionist Treatment Plant Operator Lead Treatment Plant Operator Treatment Plant Operator Trainee Landfill Attendant Finance Accounting Clerk Accounting Technician/AP Accounting Technician/Payroll Cashier General Accountant Revenue Accountant Secretary I, II and III Manager’s Office Resource Management Officer Secretary I, II and III Management Information Systems IT Supervisor Operations Supervisor PC Technician I &II Programmer Programmer/Analyst Senior Systems Analyst System Operator I & II The parties have omitted the Mental Health Center and Child Care Asst. program positions from the table above due to the non-utilization of these positions at KIB. No change to the scope of the bargaining unit work is intended by the deleti on of these unused positions. Excluded from the unit are elected officials, the Borough attorney, Borough Clerk, Deputy Clerk, Assistant Clerk, Records Manager, Engineering & Facilities Director, Environmental Engineer, Maintenance Coordinator, Construction Inspector/Architect, Construction Inspector/Engineer, Project Manager/Inspector, Community Development Director, Human Resources Director, Human Resources Assistant, Human Resources Officer/Executive Assistant, Administrative Assistant to the Manager, Grant Writer/Special Projects Support, Assessor, Finance Director, Director of Information Systems, Mental Health Center (MHC) Director, MHC Clinical Program Director, MHC Clinicians, MHC Operations Manager, MHC Community Support Program Director, MHC Staff Assistant (CSP), Fire Chief, and Assistant Fire Chief. AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 166 of 243 Page 7 Article 2: MANAGEMENT RIGHTS 2.1 MANAGEMENT RIGHTS Subject to the specific provisions of this Agreement, it is the right of the Borough to determine the standards of service to be offered by its administration; determine the standards of selection for employment, direct its employees in an efficient manner; take reasonable disciplinary action for reasonable cause; maintain the efficiency of Borough operations, determine the methods and means by which government operations are to be conducted, to formulate reasonable work rules which are applied in a fair and consistent manner; and to exercise control and discretion over its organization. 2.2 SUBCONTRACTING AND CONSULTANTS The Union recognizes that the Borough has the right to contract, subcontract, or utilize consultants. The right to contract, subcontract or the utilization of consultants sh all not be used for the purpose of undermining the Union or to discrimina te against any of its members. The Borough further agrees that it will not use personal services contracts to replace employees when vacancies occur in positions filled by regular employees covered by this Agreement. Article 3: DESIGNATION OF EMPLOYEES 3.1 DESIGNATION OF EMPLOYEES Regular Employee: A regular employee is an employee who has successfully completed his/her probationary period in a position that is part of the regular complement needed for performing Borough services as determined by the Borough Assembly. Regular Full-Time Employee: A regular full-time employee is one who is employed to work a regular schedule of established weekly hours. The minimum established weekly hours shall be at least thirty (30) hours a week. Regular Part-Time Employee: A regular part-time employee is one who is employed to work a regular schedule with established weekly hours totaling less than thirty (30) hours a week. Temporary Employee: A temporary employee is one who is employed to augment the workforce whenever the workload temporarily requires additional help, or in the event of an emergency or unanticipated situation for a period not to exceed six (6) months. Temporary employees shall not accrue fringe benefits under this agreement. If a temporary employee is extended beyond six (6) months, he/she shall accrue sick leave, vacation and seniority from the date of hire the same as a regular employee. Temporary employees who work beyond six (6) consecutive calendar months will also become eligible for holiday leave. Temporary employees shall not be employed for more than AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 167 of 243 Page 8 twelve (12) consecutive calendar months, unless an extension is mutually agreed upon by both parties. In the event a temporary employee has been employed for more than 2 consecutive years, and works 20 hours or more each week, the employee shall receive Health Insurance benefits in accordance with Article 12 Section 12.1, 12.2 and 12.3. Article 4: HIRING AND ADVANCEMENT 4.1 JOB VACANCIES Notices of position vacancies shall be publicized first to all regular Borough employees for five (5) working days on the employee bulletin boards. The Union will be notified of the vacancy during this five (5) day period. Notices of the vacancy will also be copied to each department. If a qualified candidate is not selected from the in-house applicants at the end of the five (5) days, the position will then be advertised outside for at least ten (10) working days. The Union may provide referrals of applicants during this outside advertising time period. 4.2 TEMPORARY POSITIONS Temporary positions (positions lasting up to 6 months) may be advertised both in-house and outside according to the above timelines, however, if immediate assistance is needed, temporary positions can be filled immediately. 4.3 JOB POSTING Any position covered by this Agreement which has been vacated or any position that has been created shall be posted within the Borough. The posting shall state the details and qualifications applicable to the position. Posting will be on Borough bulle tin boards for a minimum of five (5) working days. Any regular employee may, within five (5) working days from the date of job posting, present in writing to the personnel d epartment his/her application. Such application will include all data required by the posting. 4.4 JOB ANNOUNCEMENTS AND PUBLICITY In order to attract candidates for vacancies, the Borough Manager will issue job announcements, which will be posted on the Borough bulletin boards and through the media including but not limited to the local newspaper. Job announcements shall be clear and readable. They shall include job title, salary range, job qualification requirements, and examination information (including the time, place and manner of completing applications and other pertinent information). 4.5 QUALIFICATIONS FOR APPOINTMENT Employees shall meet the requirements for the respective positions as spelled out in the job descriptions. The final determination of whether or not the applicant meets the requirements of a respective position shall be made by the Manager or his designee. If AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 168 of 243 Page 9 two candidates are equally qualified for a position in the judgment of the supervisor, seniority will prevail. Preference will be given first to Kodiak residents, then to Alaska residents and then to outside applicants. No preference shall be given in the employment of personnel to persons who are related to any employee of the Borough. The hiring of any relatives of Assembly members and the Borough Manager is prohibited. 4.6 SELECTION PROCESS The applicable supervisor assisted by the Human Resources Officer and a Shop Steward will evaluate all in-house applications on a numerical basis on a form (drawn from the position description) and provided by the personnel office. Based on this evaluation, when two (2) or more candidates are selected for interviews, interviews will be conducted by the supervisor with the Human Resources Officer and the Shop Steward in attendance. The oral interview will be conducted with a numerical evaluation on a second form (drawn from the position description) and provided by the personnel office. In addition, a written examination or demonstration may be required if appropriate. Interviews of candidates that are not current Borough employees shall meet all requirements of the position applied for. However, the Shop Steward will not participate in interviews of candidates that are not currently employed by the Kodiak Island Borough. Upon completion of all interviews, the supervisor will make a final selection. 4.7 JOB ORIENTATION The Kodiak Island Borough will provide job orientation to each new employee. The content of the orientation shall be determined by the Manager. Any IBEW information provided to the Manager will be included in the information pack et. A fifteen (15) minute orientation may be provided by the IBEW Shop Steward after the Borough orientation is completed. The time for this orientation will be coordinated with the Shop Steward’s department head and the Human Resources Officer. Any Union follow-up questions and discussion will be considered a union activity. 4.8 ENTRANCE WAGE RATE The start pay rate for the applicable job classification will be the minimum rate of pay for new employees. The department head, subject to manager approval, may place a new employee above the start rate, when such placement is a result of the new employee’s directly applicable work experience and credentials. Assembly approval is required for any placement above Step C. 4.9 STEP INCREASES All new regular employees after serving a six-month probationary period of overall satisfactory performance, as indicated on the Kodiak Island Borough Performance Evaluation Report form, shall receive a step increase. Each employee is eligible, if overall performance is satisfactory, for an annual step increase on each anniversary date when 1560 hours or more of work have been AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 169 of 243 Page 10 accumulated. Step increases occur in the manner above in accordance with the respective wage schedule for each position as set forth in Appendix A. In the event the department head determines by the evaluation that an employee has not satisfactorily performed the job, the department head may suspend the employee’s step increase for a period of time during which certain specific improvements must be mad e. Notice of such step increase deferral and the reasons for it shall be given to the employee in writing with a copy to the Borough Manager. When the department head has determined that the employee has achieved satisfactory improvement, the suspended step increase may be approved at any time during the extended period. The suspended step increase will not be retroactive to the employee’s ann iversary date. When an employee has received a deferred step increase, he/she will be eligible for future annual increases one calendar year from the date of his/her last step increase, provided that during each such calendar year, the employee has completed 1560 compensable hours of service. Special Merit Increases: A Special Merit Increase (equivalent to one step) shall be granted to an employee for outstanding performance, when justified in writing by the department head and subject to the approval of the Borough Manager. This increase is in addition to normal step increases and does not affect the anniversary date. Department heads may recommend employees for special merit increases in recognition of: A. Outstanding service B. Special acts of accomplishment C. Significant achievements in additional and job-related education or specialized training (outside normal working hours and other than required by the Borough) which enabled the individual to do his/her work more effectively and from which the Borough tends to benefit. 4.10 LONGEVITY PAY A regular full-time employee shall receive an additional monetary benefit based on the length of employment with the Borough. Any break in employment longer than thirty (30) calendar days will advance the eligibility date by the number of days in excess of 30. Time served as a temporary employee shall not be included. The following amounts shall be granted employees employed after July 7, 1983 in addition to their current pay rate excluding overtime. A. Ten (10) years of total service, an additional five (5) percent of dollar value of employee’s current pay rate. AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 170 of 243 Page 11 B. Fifteen (15) years of total service, an additional five (5) percent of dollar value of employee’s current pay rate. The following amounts shall be granted employees employed after October 1, 1994: A. Fifteen (15) years of total service – five (5) percent of dollar value of employee’s current pay rate. 4.11 SHIFT DIFFERENTIAL An employee who is assigned to a swing shift (defined as any eight (8) consecutive hours, excluding lunch, beginning between 4:00 p.m. to midnight) shall receive four (4) percent premium pay in addition to his/her regular salary for the period served on swing shift for any day worked as a swing shift. An employee who is assigned to a graveyard shift (defined as the hours from midnight until 8:00 a.m.) shall receive six (6) percent premium pay in addition to his/her regular salary for the period served on graveyard shift for any day worked as a graveyard shift. If an employee is assigned to work a swing shift or graveyard shift on a regular basis, then sick leave, holiday pay, and annual leave will be paid at the relevant differential percentage. If an employee sporadically works a swing shift as well as normal shifts, then sick leave and annual leave will be paid at the employee’s regular salary. An employee shall not be required to begin any shift change without a minimum of an eight (8) hour break between the end of their regular shift and the beginning of their new shift. The employee shall be notified of this shift change at least twenty -four (24) hours prior to the beginning of said shift or be paid the applicable overtime rate for all hours worked on the first day of the new shift. 4.12 TEMPORARY ASSIGNMENTS At the discretion of the Manager, an employee may be temporarily assigned to some or all of the duties created by a bargaining unit or non-bargaining unit employee who is temporarily absent from their position. The temporary higher rate of pay shall be at Step A of the salary range of the temporarily-absent employee; provided that if the reassigned employee’s pay rate is already higher than or at the same rate as Step A of the position to be filled temporarily, the reassigned employee shall be paid at the next higher step (that is, 2.5%) above his/her rate of pay at the time the reassignment commenced. If this re-assignment is made for more than six (6) consecutive working days, or ten (10) days within a thirty day time frame, the employee shall be compensated at the higher rate of pay. a. Temporary assignments will not be utilized to avoid filling a vacancy or newly created position. Temporary assignments are for short-term periods, not to exceed six (6) months. AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 171 of 243 Page 12 b. In the case where a bargaining unit employee is temporarily assigned to a non- bargaining unit position, the employee will still be considered a non -exempt employee and shall be paid for any appli cable overtime at the higher rate of pay while in that position. c. If an employee is assigned to work in a higher bargaining unit or non-bargaining unit classification for a period of more than thirty (30) calendar days, the employee will be compensated at the higher rate for holidays and annual leave taken while in the higher classification. 4.13 EMPLOYEE TRANSFERS In keeping with Borough policy to promote within the ranks of Borough employees, applications from bargaining unit Borough employees will be received during the five (5) day in-house position posting and qualified candidates will be interviewed. The Employer may elect to offer the position to a bargaining unit employee if they are qualified or if the bargaining unit employee could be qualified with minimal training or experience in a reasonable amount of time. Such bargaining unit employee may be awarded the position for a sixty (60) day trial period. The Employer may, where appropriate, extend the sixty (60) day trial period. If the employee, after receiving training, is unable to satisfactorily perform in the new position, the employee may return to the previously held position without loss of seniority, and with no recourse to the grievance/arbitration procedure. The employee may opt to return to the former position within the sixty (60) day trial period. In this event, the rate of pay and anniversary date shall return to be the same as before the transfer. When an employee transfers from one position to another having a lower pay range, the rate of pay shall remain the same unless it exceeds the maximum step in the new range. If the current rate of pay exceeds the maximum step in the new range, the rate of pay will be the maximum step in the new range. If the employee’s current rate of pay falls w ithin the range of the lower pay range, the pay shall remain the same and will be placed on the proper step of the new lower pay range. The employee’s anniversary date shall change to the effective date of the transfer. 4.14 PROBATIONARY PERIOD All new regular employees shall serve a six (6) month probationary period. Any employee terminated under this provision shall have no recourse to the grievance procedure. All benefits and seniority credits shall accrue during the probationary period. Time served as a temporary employee shall count towards the probationary period if the employee is subsequently hired into the same position as a regular employee, provided there has been no break in service greater than 60 days. 4.15 EVALUATION AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 172 of 243 Page 13 The Borough, IBEW and employees endorse written evaluation of all employees by supervisors for the purpose of evaluating the employee’s strengths and weaknesses in their job performance. The written evaluation shall include a rating and comment on each of the position duties described in the job description and the completion of the Kodiak Island Borough Performance Evaluation Report. The overall rating on the form shall be determined by the rater as the best judgment of the overall performance of the individual. This rating is not a numerical average of the individual factors. Each employee shall be evaluated at least once per year a minimum of thirty (30) days prior to their anniversary date. If an employee’s evaluation is not timely prepared, the employee’s performance shall be considered satisfactory. In the event an employee receives an unsatisfactory rating in any category of their evaluation, a personal conference will be held with the employee by appropriate supervisor, in which his/her problems and suggestions for eliminating these problems are discussed. A written plan of improvement shall be implemented addressing the specific areas that resulted in the unsatisfactory evaluation. Detailed written records of all such conferences will be maintained. The supervisor shall re-evaluate the employee in writing when the improvements have been made but in no event later than sixty (60) calendar days following the unsatisfactory rating. A supervisor who has given his/her notice of termination of employment shall be required to provide current evaluations, prior to termination, on all employees not evaluated within the last six (6) months. 4.16 PROMOTION All other things being equal, it shall be the policy of the Kodiak Island Borough to promote from within the ranks of the Borough employees who meet the prescribed minimum qualifications for the position as determined by the Borough. Open positions for promotional consideration shall be posted in the manner as referenced in Section 4.3. At the end of five (5) working days, the department head may select a candidate(s). If two applicants are equally qualified, the Borough will select the most senior. When an employee is promoted from one position to another having a higher pay range, the employee shall receive an increase of one pay step (2½%), or the minimum rate of the higher pay range, whichever is greater. If the employee’s current rate of pay falls within the range of the higher pay range, the pay shall be adjusted to the next higher pay step in the new position’s range in order to be equal to a one step increase above the current pay rate. The employee’s anniversary date shall change to the effective date of promotion. Any employee who is promoted shall be given a reasonable period, not to exceed ninety (90) calendar days, to become acquainted with the job and to demonstrate ability to fill the job satisfactorily. If during the evaluation period the employee demonstrates unsatisfactory ability for the job, the employee shall be returned to the employee’s former job without loss of seniority and with no recourse to the grievance/arbitration procedure. The employee may opt to return to the former position within the ninety (90) calendar days. AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 173 of 243 Page 14 4.17 DEMOTION An employee may be demoted for any of the following reasons: A. Inability to perform duties adequately. B. Layoff because of lack of work or funds. When employees are laid off, they may apply for any available position for which they are qualified. When an employee is demoted from one position to another having a low er pay range, the rate of pay shall remain the same unless it exceeds the maximum step in the new range. If the current rate of pay exceeds the maximum step in the new range, the rate of pay will be the maximum step in the new range. If the employee’s current rate of pay falls within the range of the lower pay range, the pay shall remain the same and will be placed on the proper step of the new lower pay range. The employee’s anniversary date shall change to the effective date of the demotion. A demoted employee shall receive a written performance evaluation after six (6) months of service in the new position. No step increase will be available until the first anniversary evaluation is completed for the new position. Article 5: SEPARATIONS 5.1 RESIGNATIONS To resign in good standing, an employee must give written notice to his/her department head at least fourteen (14) calendar days before the termination date, except for those positions that require a thirty (30) calendar day notice of termination. This requirement may be waived by department heads when adequate provisions can be made in a shorter period of time, or extenuating circumstances exist. The department head shall furnish a copy of the resignation (recognized by the signature of the departme nt head) to the Borough Manager’s Office, the employee for his records, and to the employee’s personnel file. The resignation shall include the reason for leaving Borough service. Failure to comply with the aforementioned requirements may be cause for rejection of rehire. Upon approval of the appointing authority, an employee may withdraw his/her resignation prior to the termination date so long as a commitment has not been made to fill the pos ition. 5.2 LAYOFFS The Manager is authorized to lay off employees if: A. The position has been abolished. B. There are insufficient funds. AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 174 of 243 Page 15 C. There is not sufficient work available to warrant the continuation of employment. If a layoff is pending, the Manager shall provide the employee a written notice indicating layoff at least four (4) weeks in advance of the layoff. If for any of the above reasons, an employee has a loss of employment with the Borough, the Manager will make every effort to place the employee in another available job vacancy within the Borough for which he/she is qualified. Whenever possible, layoff will be accomplished through normal attrition. Further the Borough may attempt to lessen the impact and extent of a layoff through transfers, encouragement of unpaid leaves, early retirement or by any other means deemed appropriate by the Manager and the Assembly. Should a layoff be determined necessary by the Borough for any reason, the following procedure will apply: When layoff occurs due to lack of work, such layoff shall be by job classification and the least senior employee shall be subject to layoff. Such employee shall have the right to displace another employee only in accordance with the following conditions: A) The employee subject to layoff must have more seniority than the employee to be displaced. B) The employee subject to layoff must meet the qualifications set forth in the classification job description. C) The displaced employee must be the least senior employee in a job classif ication. D) Any employee using this procedure must serve a probationary period. If the employee is not performing satisfactorily in the position, he/she will be disciplined according to the disciplinary procedure in this agreement. Annual leave may be used during this probationary period. However, the probationary period will be extended by the amount of annual leave taken. KIB will notify the stewards of all bargaining unit vacancies for a period of one (1) year after the former employee has been laid off, so that the stewards may contact the former employees who were terminated from employment for other than cause or resignation in order that they may apply for the position. KIB will notify the stewards in advance prior to undertaking a recruitment as specified in Section 4.3 Job Posting. KIB will consider the former employee in the same manner as current employees in Section 4.3, meaning the laid-off employee’s original hire date with the Borough as a bargaining unit employee will be utilized as a seniority date, if it becomes necessary, as referenced in Section 4.5 Qualifications for Appointment. If an employee is found qualified for a position not previously held, the employee will be subject to a trial period as defined in Section 4.13 Employee Transfers. AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 175 of 243 Page 16 5.3 TERMINATION The Manager is authorized to terminate employment of personnel for cause. Termination here is defined as a termination of employment for reasons of unsatisfactory performance of duties. Following are reasons which constitute grounds for termination of an employee of the Kodiak Island Borough. The samples provided are not to be interpreted as inclusive. No regular employee will be terminated for any of the following basic reasons unless a recent evaluation has pointed out the deficiency and reasonable time allowed, and appropriate assistance provided to affect a remedy. A. Incompetence B. Unsatisfactory Performance of Duties C. Unexcused Absenteeism The following reasons are cause for immediate termination: A. Substance Abuse on the Job B. Dishonesty C. Gross Disobedience D. Abandonment of Duties All notices of termination will be in writing, with proper notice to the individual and the reasons for termination will be clearly stated. This section does not apply to a probationary employee as described in Section 4.14, nor does this section restrict or limit the authority of the Borough to terminate a probationary employee. 5.4 DISMISSAL NOTICE AND SEVERANCE PAY Employees subject to force reduction layoff or dismissed without prejudice shall be g iven four (4) weeks’ notice and severance pay as follows: 1 - 5 years employment 10 working days 5 - 10 years employment 15 working days 10 - 20 years employment 20 working days 20 + years employment 25 working days AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 176 of 243 Page 17 Article 6: WORK SCHEDULE & OVERTIME 6.1 HOURS OF WORK Regular working hours of Borough employees shall consist of a five (5) day week, eight consecutive working hours a day, 40 hours a week. Normal working hours will be from 8:00 a.m. to 5:00 p.m. and will include one hour for lunch between the hours of 11:00 a.m. and 2:00 p.m. The standard workweek shall consist of the period from Sunday to Saturday (i.e. 12:01 a.m. Sunday to the following midnight Saturday). The standard workday shall consist of the period from 12:01 a.m. to midnight. Different schedules to meet department operating needs shall be established and altered by department heads with approval of the Borough Manager. Temporary shifting of employees’ working hours to meet routine needs shall be done as necessary and approved by the department head. 6.2 OVERTIME Employees not serving in executive, administrative or professional positions, as defined by the Fair Labor Standards Act (FLSA) and defined as exempt positions in the Kodiak Island Borough code, are eligible to receive overtime compensation. Overtime entitlements shall be earned in accordance with the FLSA unless otherwise provided in the Agreement. Overtime shall be scheduled as fairly and equally as practicable among employees, based first on qualifications to perform work and secondly on seniority. All overtime must be authorized by the applicable department head prior to its performance. When an employee is assigned to eight (8) hour workdays, all authorized overtime shall be compensated at one and one-half (1.5) times the employee’s applicable rate of pay for all time worked in excess of eight (8) hours in a workday. Overtime will be calculated on one-quarter (0.25) hour intervals. Any quarter of an hour (fifteen (15) minutes) or portion thereof worked, should be reported on the time card as one-quarter (0.25) hour and paid accordingly (e.g. fifteen (15) minutes is reported as one-quarter (0.25) hour and sixteen (16) minutes is reported as one-half (0.5 hour). When an employee is assigned to ten (10) hour workdays, all authorized overtime shall be compensated at one and one-half (1.5) times the employee’s applicable rate of pay for all time worked in excess of ten (10) hours in a workday. All time worked in excess of forty (40) hours in a work week, shall be compensated at one and one-half (1.5) times the employee’s applicable rate of pay. The work week shall be considered to be the period from 12:01 a.m. Sunday to the following midnight Saturday. Overtime on Holidays: Overtime hours worked on a recognized Borough holiday shall be paid at double time for all hours worked in addition to the regular holiday pay. AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 177 of 243 Page 18 Employees will be notified by their normal quitting time of the preceding day of any scheduled overtime work. 6.3 TEN HOUR WORK DAY By mutual agreement of the department head and the employee invol ved, a four (4) day workweek may be established consisting of four (4) ten-hour shifts at the employee’s straight time rate of pay. The employee may opt out of this work schedule by giving a thirty (30) calendar days notice to the department head. This de cision may require all employees involved to revert to a five (5) day workweek in order to properly staff the office to deal with the public. All employees who are working a four (4) day workweek shall revert to a five (5) day work week during any week requiring an eight hour day (i.e. training) or in which a holiday listed in this Agreement is scheduled. However, an employee may request, subject to approval of his/her supervisor, to take two (2 ) hours annual leave for any scheduled eight-hour workday or holiday listed in this Agreement (to balance out the remainder of the workday) and therefore remain on the four (4) day workweek schedule, provided the business needs of the Borough and the public are met. (e.g.) Monday (training or holiday) 8 hrs + 2 hrs leave = 10 hrs Tuesday 10 hrs Wednesday 10 hrs Thursday 10 hrs 6.4 ON-CALL TIME Hourly employees who are required to be on-call shall receive one hundred seventy-five dollars ($175) a week compensation for carrying and monitoring a beeper or cell phone. In the event that an hourly employee is called in to work to respond to a beeper call, the employee will receive time and one-half compensation for any and all hours worked over 8 in a day and over 40 in a week. 6.5 OFF DUTY/CALL OUT PAY When an off duty employee is required to report for duty, the employee shall receive overtime pay for all time worked portal to portal during such call out. Such employees shall receive a minimum of one (1) hours pay or will be paid for actual time worked, whichever is greater. 6.6 REST PERIODS A fifteen (15) minute rest break shall be allowed mid-morning and mid-afternoon. Such breaks must be staggered to keep all offices adequately staffed to deal with the public at all times. Break schedules must be approved by the appropriate supervisor. AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 178 of 243 Page 19 When working other than the normal shift, a fifteen (15) minute rest period shall be allowed during any work period of at least four (4) hours duration. 6.7 STAGGERED LUNCH PERIODS Lunch hours may be staggered to meet the needs of service. Lunch schedules must be approved by the appropriate supervisor and shall be between the hours of 11:00 a.m. and 2:00 p.m. 6.8 FLEXIBLE SCHEDULING OF WORK HOURS Supervisors are permitted to put their employees on flexible schedules so long as neither service to the public nor normal office hours are reduced, and so long as the employees volunteer in writing for flexible scheduling. Flexible scheduling is intended as an employee benefit; therefore, only employees who volunteer in writing to his or her supervisor for the flexible hours should be scheduled that way. Hours or work scheduled outside the standard work week are to be avoided. Flextime is the scheduling of an employee to work eight (8) hours a day between the hours of 7:00 a.m. and 6:00 p.m. Flextime must be approved by the employee’s supervisor and the Manager or his/her designee. Approval of flexible scheduling prior to 7:00 a.m. or after 6:00 p.m. will be granted only under extenuating circumstances and must be mutually acceptable to the Employer and the Union. Article 7: COMPENSATION 7.1 COMPENSATION Effective 1/1/2020 all Bargaining Unit employees shall receive a bonus check equal to one point one (1.1%) of their gross wages for the previous calendar year. (Payable on the first pay period after ratification by both parties). Effective 1/1/2021 all Bargaining Unit employees shall receive a bonus check equal to one point one (1.1%) of their gross wages for the previous calendar year. Effective 1/1/2022 all Bargaining Unit employees shall receive a bonus check equal to one point one (1.1%) of their gross wages for the previous calendar year. Effective 1/1/2023 all Bargaining Unit employees shall receive a bonus check equal to point five (0.5 %) of their gross wages for the previous calendar year. Article 8: LEAVE AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 179 of 243 Page 20 8.1 ANNUAL LEAVE ENTITLEMENT (ON A CALENDAR YEAR BASIS) Leave with pay shall accrue to all full-time regular employees at the following rates based upon 26 annual pay periods of 80 hours per pay period. Length of Service Annual Total 0 through 2 years 18 days Over 2 years but 21 days less than 5 years Over 5 years but 24 days less than 8 years Over 8 years but 27 days less than 10 years 10 years and over 30 days For regular part-time employees working less than 30 hours a week and regular full-time employees working 30+ hours but less than 40 hours a week, annual leave accrual will be pro-rated based upon normally scheduled hours per pay period. 8.2 ANNUAL LEAVE – GENERAL Annual leave may be used for vacations, personal business, and periods of illness. Leave for periods of time not exceeding three (3) working days shall be scheduled at least 24 hours in advance. Vacation leave exceeding three (3) working days shall be requested at least two (2) weeks in advance. Vacation leave will be charged to annual leave. If annual leave is insufficient, leave will be charged to leave without pay if approved by the Manager. Supervisors are responsible for permitting employees to utilize all leave earned in any calendar year. Supervisors and employees must schedule such leave usage in advance so as not to unduly conflict with or severely restrict the normal work requirements of their respective department. In the event two employees submit leave requests on the same day and for the same period of time, the most senior employee will be granted his/her leave request if both employees cannot be spared, unless unusual circumstances dictate otherwise. Probationary employees shall not be eligible to utilize annual leave during the probationary period. Upon successful completion of the probationary period, the employee will be credited with nine (9) days of accrued annual leave time. Employees who do not complete the probationary period or who are not retained bey ond the probationary period shall not be credited and paid for their accrued leave for their period of employment. Employees who, for good and sufficient cause, must be absent during the probationary period shall be considered in a leave without pay status if approved by AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 180 of 243 Page 21 the Manager. Any new employee hired between the first (1st) and the fifteenth (15th) days of the month, inclusive, shall be considered to have worked the full month for leave purposes, and any employee hired after the fifteenth (15 th) day of the month shall be credited with leave for half a month. Leave can be accrued from year to year with a maximum accrual limit of seventy-five (75) working days. Leave continues to accrue during the period of time an employee is on paid leave. A recognized holiday occurring during an employe e’s leave period shall not be counted as a day of leave. 8.3 CASH-IN OF ANNUAL LEAVE An employee upon written request shall be permitted to cash in up to 80 hours of his/her annual leave in excess of 80 hours. Such cash out shall be permitted once in a calendar year. In the case of a serious event, an employee may cash out any accrued annual leave in excess of 80 hours. Any cash-in of annual leave must be approved by the Borough Manager. Examples of events may be, but are not limited to, replacement or repairs to home systems such as roofs, heaters, foundation, plumbing and other systems; damage to, or repair of automobiles; illness or injury to the employee or immediate family member per FMLA; other unexpected events. Employee is aware that justification to the Borough Manager regarding the emergency may be required. 8.4 PAYMENT OF ANNUAL LEAVE UPON TERMINATION Upon separation of a regular employee, accrued annual leave shall be compensated for in a lump sum at the present earnings rate of the employee pursuant to AS 23.05.140(b), as that provision may be amended from time to time. NOTE: As of January 1, 2009 Alaska Statute 23.05.140(b) reads as follows: “…If the employment is terminated by the employer, regardless of the cause for the termination, payment is due within three working days after the termination. If the employment is terminated by the employee, payment is due at the next regular pay day that is at least three days after the employer received notice of the employee’s termination of services. 8.5 MANDATORY LEAVE All employees must utilize a minimum of ten (10) days leave per annum. Excess annual leave (over seventy-five (75) working days) will automatically be transferred into the sick leave account at the end of the calendar year. 8.6 DONATION OF LEAVE Employees may donate hours of annual leave to a fellow employee who has suffered, or is suffering, a serious personal emergency or disaster such as lingering or terminal illness of the employee, or of a member of the employee’s family, or the loss of home and belongings due to fire or natural disaster. Leave donations must be requested in writing AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 181 of 243 Page 22 and be approved by the Borough Manager. Donations will reflect as a reduction in annual leave hours to the Donor and an increase of the same number of annual leave hours to the Donee. 8.7 SICK LEAVE Each full-time regular employee shall accrue sick leave from the date of employment at the rate of fifteen (15) days per calendar year pro-rated by 26 pay periods of 80 hours each regardless of length of service. For regular part-time employees working less than 30 hours a week and regular full-time employees working 30 + hours but less than 40 hours a week, sick leave accrual will be pro-rated based upon regularly scheduled hours per pay period. Sick leave is available for use by the employee or if the employee’s dependent child (as found in the “Definitions” portion of Section 8.8 Family/Medical Leave) or spouse is sick and requires the physical presence of the employee in the interest of family welfare. Employees not able to work due to illness shall notify their supervisor within two hours of the scheduled reporting time. When sick leave exceeds three (3) consecutive work days, a statement from a licensed health care practitioner may be required to substantiate the leave taken. If sick leave is not sufficient to cover an absence due to illn ess, leave shall be charged to annual leave, then to leave without pay. Accrued sick leave may be used during the probationary period. Excess annual leave (over seventy-five (75) working days) will automatically be transferred into the sick leave account at the end of every calendar year. No cash payment will be made to an employee for unused sick leave when the employee terminates from Borough Service. 8.8 FAMILY/MEDICAL LEAVE An employee is entitled to the provisions of the Federal Family and Medical Leave Act and the state law provisions of AS 39.20.500-550, as they may be amended from time to time, and the following paragraphs shall apply unless in conflict with those provisions of law. In compliance with the state and Federal Family and Medical Leave acts (including any amendments) family leave (sick leave) may be utilized by eligible employees for a serious health condition of the employee, their child, spouse or parent. Up to twenty-four (24) weeks in any twenty-four (24) month period may be utilized for this purpose, with a maximum of eighteen (18) weeks allowed in any twelve (12) month period (i.e. an employee who opts to take eighteen (18) weeks in the first twelve (12) months would then have six (6) weeks remaining to take in the following twelve (12) months). The Family and Medical Leave Acts allow for family leave to be utilized by eligible employees for pregnancy and birth of a child of the employee, or the placement of a child, other than the employee’s stepchild, with the employee for adoption. The right to take leave for this reason expires on the date one year after the birth or placement of the child. AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 182 of 243 Page 23 Up to eighteen (18) weeks within a twelve (12) month period may be taken for this purpose. The twelve (12) month period will be calculated from the day the employee first utilizes family/medical leave. Eligibility – Employees are eligible to use family leave for the purposes outlined above if they have been employed at least thirty-five (35) hours a week for six (6) consecutive months or seventeen and one-half (17.5) hours a week for twelve (12) consecutive months immediately preceding the leave. The following parental leave policy applies to those employees having worked ten (10) months preceding parental leave: Parental Leave: An employee who has been employed for not less than ten (10) consecutive months is entitled to take a total of six (6) months leave of absence immediately preceding and following the childbirth or adoption. The employee requesting parental leave may receive cash payment in lieu of up to ten (10) days accumulated annual leave. A request for this payment must be made at least thirty (30) calendar days in advance. The employee who desires to resume employment following parental leave shall submit a request for leave at least thirty (30) calendar days prior to any parental leave, unless extenuating medical circumstances prevent such notice. The employee shall be reinstated with no loss of time in service. All family/medical leave will first be charged to sick leave, then to annual leave and then to leave without pay. Employees may choose to retain a balance of five (5) days paid leave before switching to leave without pay. Leave without pay provisions as outlined in this document will apply. Employee Notice – If the necessity for leave is foreseeable based on an expected birth or adoption or planned medical treatment or supervision, the employee shall provide the Borough with at least thirty (30) calendar days notice prior to the expected need for leave wherever possible. Where thirty (30) calendar days notice is not possible, the employee is required to provide such notice as is practicable. The employee shall also make a reasonable effort to schedule treatment or supervision so as not to disrupt unduly the operations of the Borough, subject to the approval of the employee’s health care provider. Group Health Coverage – During the time that an employee is on leave under the Act, the Borough will maintain coverage under the group health plan at the level and under the conditions that coverage would have been provided if the employee had been employed continuously from the date the leave began to the date the employee returns from leave. Employees who pay premiums for health insurance coverage by paycheck deduction will still be responsible for those premiums while on leave without pay. The Borough’s obligation to maintain health insurance coverage will cease if an employee’s premium is thirty (30) calendar days late. The Borough may recover the costs for maintaining health insurance coverage for an employee on unpaid leave if the employee AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 183 of 243 Page 24 fails to return from the entitled leave period for a reason other than the recurrence or continuation of a serious health condition or other circumstances beyond the control of the employee. Certification – The Family/Medical Leave Act contains a provision allowing employers to verify the existence of a “serious health condition” before granting an employee’s leave request. Employees requesting leave because of a serious health condition may be required to produce a “certification” from the treating licensed health care provider of the patient. The Borough may also, at its own expense, require a second opinion to ascertain the validity of the certification provided by the treating licensed health care provider. Return to Work – The Borough at its discretion may require a certificate from an attending physician that the employee who has taken family medical leave is able to return to work. Employee’s Rights Upon Return From Leave – Unless the Borough’s business circumstances have changed to make it impossible or unreasonable, when an employee returns from leave mentioned above, the Borough shall restore the employee to the position of employment held by the employee when the leave began; or to a substantially similar position with substantially similar benefits, pay, and other terms and conditions of employment. Definitions - “parent” means a biological or adoptive parent, a parent-in-law, or a stepparent. “child” includes the employee’s biological, adopted, or foster child, stepchild, or legal ward who is under 18 years of age, or 18 years of age or older and incapable of self-care because of mental or physical disability. “serious health condition” means an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential health care facility; or continuing treatment or continuing supervision by a health care provider. 8.9 LEAVE-WITHOUT-PAY Leave-without-pay, if approved by the Borough Manager, may be granted to an employee not to exceed thirty (30) days. Annual and sick leave do not accrue when the employee is in a leave-without-pay status longer than ten (10) working days. Employees who are in a leave-without-pay status longer than ten (10) working days will also not be eligible for holiday pay. Under the Public Employees Retirement System (PERS), leave-without-pay exceeding ten (10) working days is not creditable service. Employees in leave-without- pay status for more than ten (10) working days for a reason other than family/medical leave will be responsible for paying that portion of the health insurance premium for the AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 184 of 243 Page 25 leave taken beyond ten (10) working days. Exempt employees in leave-without-pay status will not have any reduction in pay for absences of less than a full day (eight hours) of leave-without-pay in recognition of the fact that exempt employees are not eligible for overtime pay. 8.10 EDUCATIONAL LEAVE-WITHOUT-PAY Educational leave-without-pay may be granted for educational purposes directly related to employment with a specific benefit to the Kodiak Island Borough. Approval will be contingent upon the work schedule allowing the time to be taken without a disruption to Borough business. If approved by the Borough Manager, this leave may be granted to an employee not to exceed one hundred and twenty (120) calendar days. Annual and sick leave do not accrue when the employee is in an educational leave-without-pay status longer than ten (10) working days. Employees who are in an educational leave-without- pay status will not be eligible for holiday pay during the period they are on educational leave-without-pay status. 8.11 HOLIDAY LEAVE The following holidays shall be recognized by the Borough: New Year’s Day 1st January Martin Luther King’s Birthday 3rd Monday in January Washington’s Birthday 3rd Monday in February Seward’s Day Last Monday in March Memorial Day Last Monday in May Independence Day 4th July Labor Day 1st Monday in September Veteran’s Day 11th November Thanksgiving Day 4th Thursday in November Thanksgiving Friday Day after Thanksgiving Christmas Day 25th December Employee’s Birthday An employee’s birthday shall be observed on a workday mutually agreed to by the employee and the Employer AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 185 of 243 Page 26 three months prior or three months after their actual birthday. Employees who ask to celebrate their birthday holiday during the month in which it falls will not be unreasonably denied. In addition to Borough recognized holidays, every day designated by public proclamation by the President of the United States or the Governor of Alaska as a legal holiday shall also be observed as a holiday for Borough employees. (Alaska Day was traded for Thanksgiving Friday and Lincoln’s Birthday was traded for Employ ee’s Birthday by negotiation.) In the event of a recognized holiday falling on Saturday, the preceding Friday shall be observed. In the event of a recognized holiday falling on Sunday, the following Monday shall be observed. All employees shall be excused from work on recognized holidays and special holidays, except where the activities of the Borough require that regular or emergency work be performed. In the event that holiday work is required, the rate of pay for employees working on holidays shall be at double time for all hours w orked in addition to the regular holiday pay. A supervisor who has employees whose normal workweek is outside the workweek of Monday through Friday has the right to change the holiday work schedule in order to meet the needs of the public, with the approval of the department head. 8.12 BEREAVEMENT LEAVE Accrued sick leave, or at the employee’s option, annual leave or leave without pay, not to exceed five (5) days may be used by an employee upon the death of a member of the employee’s, their spouse’s or same-sex domestic partner’s immediate family (provided the State of Alaska’s Political Subdivision Health Plan Same-Sex Partner Affidavit is completed and on record with the Borough). Immediate family is defined as spouse, siblings, son, daughter, parents, stepparents, stepsiblings, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparents and grandchildren. Up to three (3) additional days of sick leave, annual leave, or leave without pay may be granted to accommodate required travel. 8.13 WORKERS’ COMPENSATION LEAVE During periods of on-the-job injury recuperation, the employee shall be eligible for Workers’ Compensation Benefits and will be placed on Worker’s Compensation Leave. All fringe benefits will continue to accrue while in this status. It is the intent of this policy that the employee’s take home pay for a period not to exceed ten (10) weeks will remain the same throughout the recuperation period as his/her regular take home pay prior to the injury. Sick and annual leave will be used as follows: AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 186 of 243 Page 27 1. The first three (3) days should be sick leave or upon employee request, annual leave, or leave without pay if no other leave is available. For a new regular employee on probation status who has not accumulated a combined total of three (3) days of sick and annual leave, the three (3) days will be charged first to sick leave, then annual leave and finally the salary line item for the employee. 2. For the remaining days until the end of ten (10) weeks measured from the date of initial leave taken, an amount equal to the difference between the employee’s take home pay prior to the injury and the amount received from Worker’s Compensation will be paid to the employee by the Borough and charged to the salary line item for the employee. If the absence exceeds twenty-eight (28) calendar days and Worker’s Compensation then picks up the original three (3) days of paid leave the employee must repay the Borough for the three days’ pay. The Borough will then credit the employee’s records for deductions as a result of an on-the-job injury. The credit will be applied first to the salary line item, and then to sick leave. An employee can remain on Worker’s Compensation Leave for up to six (6) months or until determined to be permanently or totally disabled or permanently partially disabled and unable to return to work, whichever comes first. The Borough will not, however, supplement any Worker’s Compensation benefits provided for by its compensation insurance carrier for any settlements of industrial accident claims. When any such settlement is made, disability shall be presumed to terminate on the date of such settlement. 8.14 COURT DUTY Court duty, including jury service, shall be treated as administrative leave from Bor ough duty without loss of longevity, leave, or pay. Service in court when subpoenaed as a witness on behalf of the Borough, or when called as an expert on a matter of Borough concern, or relating to a Borough function, or the employee’s job performance will be considered administrative leave. Fees paid by the court (other than travel and subsistence allowance) will be turned in for deposit to the Borough except that fees paid for court duty that occurs on the employee’s normal non-work days may be retained by the employee. Witness service for personal purposes will be covered by annual leave, or leave-without- pay, and any fees received in this connection may be retained by the individual. Employees, upon receiving written notice of being called for jury duty , will immediately provide their supervisor with a copy of such notice. In the event an employee is called for court duty in Kodiak, when excused, he or she shall return to work within a reasonable time, not to exceed one hour. If the employee is serving court duty outside the City of Kodiak, he or she shall return to work within one hour upon returning to Kodiak. 8.15 MILITARY LEAVE AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 187 of 243 Page 28 Employees who are called up for active duty in a branch of the U.S. Armed Forces or who are members of a U.S. Military Reserve component shall be entitled to leave and re- employment benefits as prescribed by State and Federal Laws. Absence from Borough duty for the purpose of participating as a member of a United States reserve component, either in active military service of the State, or in military training, is authorized and will be treated administratively (in the case of the employee who has completed probationary service) in such manner that the individual will not suffer a decrease in income or a loss of benefits during the first two weeks of the military active duty or training period. The Borough Manager will be provided with a copy of the individual’s orders to duty. The absence will be recorded, during the first ten (10) working days, as administrative leave without charge to the employee’s leave account. Military pay paid to the employee for this period of time (equivalent to 80 hours of work) will be turned over to the Borough. 8.16 UNAUTHORIZED LEAVE Any absence not authorized and approved, in accordance with the provisions set forth herein, may be grounds for disciplinary action up to and including termination. Provided, however, that any employee who has verified that they were unable to return to duty due to weather and/or an emergency shall not be subject to disciplinary action under this section. 8.17 SICK LEAVE BANK All Kodiak Island Borough regular employees are eligible to participate in a Sick Leave Bank. The Sick Leave Bank shall be administered by the Manager. It is the Manager’s responsibility to approve or deny requests for Sick Leave Bank usage. In the case of denial, the request for Sick Leave Bank usage may be appealed to the Personnel Advisory Board. The Personnel Advisory Board’s decisions regarding Sick Leave Bank usage will be final. Each employee enrolling in the Bank will donate one (1) day of his/her sick leave to the Bank each year, until the Bank is built up to a maximum of three hundred (300) days. No more days will be added to this maximum until the Bank is depleted to two hundred f ifty (250) days except for new participants. The Finance Department shall maintain an accounting of the Sick Leave Bank balance at all times. This information will be available to any member upon request. Contributions will be made to the Bank once a year in the month of January according to the above limitations. The employee will be responsible for submitting donation forms between January 1 and January 31. In the event that the Bank becomes totally depleted during the year, each member of the Bank may d onate additional days up to a maximum donation of three (3) days per year. An employee withdrawing from membership in the Bank will not be able to withdraw the contributed days. An employee will not be able to withdraw days from the Bank until all of his/her own accrued sick leave and annual leave have been depleted. The maximum AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 188 of 243 Page 29 number of Sick Leave Bank days available to a member shall be twenty-two (22) days in any calendar year. In the case of multiple requests, if there are not enough days in the Bank to cover the requests in full, the available days will be split evenly between the requesting employees. Employees withdrawing Sick Leave Bank days will not be required to replace these days except as a regular contributing member of the Bank. Employees withdrawing Sick Leave Bank days may voluntarily contribute additional days to the Bank. Sick leave days can only be withdrawn from the Bank for the individual member’s illness or injury. Normal pregnancy leave and parental leave not associated with illnes s or disability under Section 707 of the Personnel Rules and Regulations are not eligible for Sick Leave Bank requests. Requests for use of Bank days will be forwarded by the employee to the Manager and must be accompanied by a letter from the attending physician. The approval of the request shall be subject to the attending physician’s supportive statement. Approved requests will then be forwarded to payroll for processing. The Kodiak Island Borough leave form shall be used as verification of sick leave do nated to the Sick Leave Bank. Qualifications for Membership in Sick Leave Bank: A. Only regular full time or part time employees are eligible to participate in the Sick Leave Bank. B. Only contributing members of the Sick Leave Bank are eligible to use the Bank. C. Members may use the Sick Leave Bank only after they have completed their probationary period. Date of hire will determine eligibility. An employee may contribute to the Bank as soon as all other requirements are met. Article 9: SENIORITY 9.1 SENIORITY Seniority as used herein shall mean the length of continuous employment by the Employer within job classifications covered by this Agreement. Employees shall not accumulate seniority during the period of probationary employment. After employees have completed the probationary period, seniority shall be dated from the date of hire as a probationary employee. The seniority of an employee shall terminate under any of the following conditions: a) When laid off for a period of twelve (12) consecutive mont hs; b) When an employee resigns from employment with the Borough; AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 189 of 243 Page 30 c) When an employee is discharged for cause; or d) When an employee temporarily laid off fails to return to work within ten (10) working days after written notice requesting the individual to return to work is delivered by certified mail to the individual’s last known address or to the individual personally, or fails to notify the Employer of an intention to return to work within forty-eight (48) hours after having received such notification. In the selection of shifts and vacations, seniority shall prevail insofar as practical in the best interest of service. In the filling of vacancies in positions covered by this Agreement, seniority shall be given full and fair consideration and where ability and qualifications are considered equal by the Employer, seniority shall prevail, providing that the employee has met the application time lines as defined in the hiring procedures. Article 10: DISCIPLINE 10.1 DISCIPLINE Any employee discharged or suspended for disciplinary reasons shall be furnished, in writing, the reasons for such action. In the event an employee (other than a probationary employee) is discharged, the employee may forward to the Shop Steward a notice of the termination and the reason for the action. No bargaining unit employee shall be disciplined or discharged without cause. Bargaining unit employees may at their request have union representation at disciplinary or investigatory meetings where the employee has been informed or has reason to believe that disciplinary action could result from the meeting. It is the intent of the Employer to utilize progressive discipline, however, the level of discipline will depend on the actual circumstances and severity of the employee’s misconduct. Progressive discipline would normally be: 1. Verbal Counseling & Warning 2. Written Warning via Disciplinary Action Memo 3. Discharge Disciplinary Action Procedure: All disciplinary actions, except verbal counseling & warning shall be documented on a Disciplinary Action Memo to the employee and the employee’s personnel file. The employee shall be given a chance to read the memo. It AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 190 of 243 Page 31 shall then be reviewed with the employee and a sincere effort shall be made to obtain agreement with the employee that facts are stated correctly, that the inappropriate or incorrect behavior did occur, that it did represent behavior that should be disciplined, that the discipline is appropriate and that the behavior will not be repeated. If errors are found, the Disciplinary Action Memo shall be rewritten and again reviewed. Comments of the employee shall be entered under that heading. The employee shall be requested to sign the memo and be informed that his or her signature indicates only agreement that the memo accurately records the discussion. If the Employee refuses to sign the memo, the statement shall be entered. “(Employee’s Name) read the contents on (date) and refused to sign” The supervisor may, if necessary, complete reviews of the employee’s progress in correcting the cause of the original action at three, six and nine months - or any other intervals. These reports shall be made on a standard Evaluation Report form. Thirty-six months from the date of the action concerned, the Borough Manager shall review the disciplinary action and if it is determined that the problem has been resolved, all copies of the Disciplinary Action Memo shall be returned to the affected employee, provided that a record shall be maintained that a Disciplinary Action Memo had been filed but wa s removed. Article 11: TRAINING 11.1 NEW EQUIPMENT TECHNOLOGY OR PROCEDURES The Employer shall provide, or make available, upda ted training to qualified employees as required with the introduction of new equipment, technology, and/or procedures. 11.2 TUITION REFUNDS Consideration will be given toward reimbursement of 100 percent of the tuition expense, books, and lab fees if an employee successfully completes coursework considered to relate to the employee’s present duties and to be of benefit to both the Borough and employee involved. Written concurrence from the department head and the Borough Manager shall be obtained in each case before beginning the pertinent course of study. If the reimbursed tuition amount exceeds five hundred dollars ($500) the employee shall sign and abide by the following tuition agreement. The maximum reimbursable tuition amount is $2,500 per employee per year. The Borough shall not reimburse any employee for tuition and/or associated costs that have or will be paid by a third party. Upon successful completion of the course involved, the employee shall furnish his/her department head with evidence of successful course completion (a grade of C or better or a certificate of completion) and a receipt of the course fee. Upon approval of the AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 191 of 243 Page 32 reimbursement process by the Borough Manager, the reimbursable cost will be paid. In the event of involuntary termination, the employee shall not be required to repay tuition. 11.3 TUITION AGREEMENT I ____________________________ agree to abide by this tuition agreement and understand that if I should leave Borough employment within twelve (12) months after completing the reimbursed coursework listed below that I will be subject to forfeiture of accumulated leave and/or salary on a pro -rated basis in the amount equal to the cost of the course(s). Course: Location: Cost: Date Completed: Twelve (12) months of employment with the Kodiak Island Borough following the completion of the above coursework results in full forgiveness of any obligation to repay the Kodiak Island Borough. __________ __________________ ________________ Date Employee Name (Print) Employee Signature __________ ___________________ _________________ Date Supervisor Name (Print) Supervisor Signature 11.4 SPECIAL TRAINING Employees who attend courses or conferences or receive special schooling that is reimbursed or paid for by the Borough will be subject to the terms of the following special training agreement. Any employee terminating employment prior to working one year after completion of an approved special training program (defined as any training or schooling for which the Borough pays $2,500 or more including cost of the training program plus travel), unless terminated for a justifiable reason, will be subject to forfeiture of accumulated leave and/or salary on a pro-rated basis in the amount at or above $2,500 of the cost of the training program plus travel. When attendance at a training program is mandatory as determined by their department head, the employee shall be compensated at their regular rate of pay for all scheduled AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 192 of 243 Page 33 training hours. In addition, the Borough shall pay for the cost of registration, tuition, publications, transportation, and per diem, and he/she shall be exempt from signing the Special Training Agreement. Approval for training is subject to availability of budgeted funds and must be approved by the Borough Manager or his designee. 11.5 SPECIAL TRAINING AGREEMENT To prevent misunderstanding at the time of separation for tho se employees having participated in Special Training Programs, the following has been provided: The undersigned employee of the Kodiak Island Borough understands that the training for which he/she requests Borough payment (such) training to take place _________________ _______________________ _____________________ (Date of Training) (Location of Training) (Title of Training) satisfies the standards set for SPECIAL TRAINING. The undersigned employee agrees to abide by this special training agreement and understands that if he/she should leave Borough employment within one (1) year after completing the reimbursed training that he/she will be subject to forfeiture of salary on a pro-rated basis in the amount at or above $2,500 of the cost of the training plus travel. One (1) year of employment with the Kodiak Island Borough following the completion of the above training results in full forgiveness of any obligation to repay the Kodiak Island Borough. _____________ _________________________ __________________________ Date Employee Name (PRINT) Employee Signature _____________ _________________________ __________________________ Date Supervisor Name (PRINT) Supervisor Signature 11.6 TRAINING The Employer and the Union will cooperate in encouragi ng training programs including government-funded programs, which will provide initial and advanced training for employees. Within budget limitations, training offered shall particularly emphasize requirements for occupational certification, job skill enhancement, accident prevention, employee safety and public relations. Article 12: BENEFITS AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 193 of 243 Page 34 12.1 HEALTH AND WELFARE BENEFITS 12.1.1 The Borough agrees to participate in, and contribute to, the Alaska Electrical Health and Welfare Trust Fund (AETF), for the purpose of providing certain health and welfare benefits to eligible regular employees under Medical Plan 551, Dental Plan 601, Vision Plan 701, Disability Plan 801, and Life and AD&D Plan 901. Coverage begins on the first day of the first month which falls on or after the employee’s date of hire. Coverage terminates the month following the employee’s date of separation from the Employer or extended leave without pay absences. For example: An employee hired on June 1 will be covered for June. An employee hired on June 2 will be covered beginning July 1. In consideration of receipt of the transferred funds the Alaska Electrical Health and Welfare Trust Fund and Union hereby agree to indemnify and hold harmless the Kodiak Island Borough from any and all claims and actions of whatever nature or consequence arising from the exemption of Bargaining Unit members from the Health Plan, including any claims arising from no-coverage of eligible employees and qualified spouses or dependents. 12.1.2 FUTURE INCREASES The AETF will inform the Borough of any increase in premium amount by March 15 of each year. Effective April 1, 2015, the Borough shall change the monthly medical contribution to the Alaska Electrical Health and Welfare Trust (rounded to the next dollar) for each eligible employee by 90% of the annual premium increase as provided by the Trust, with the employee paying ten percent (10%) of the annual premium increase; not to exceed a 10% increase in the base contribution per annum. The AETF shall advise the Borough of the pre-tax contribution amount that employee’s shall contribute per month to the Alaska Electrical Health and Welfare Trust through payroll deduction. If premium increases exceed ten percent (10%), the Union and the Borough agree to meet and confer over shared cost alternatives. 12.1.3 CONTRIBUTIONS The Borough agrees to make the appropriate contributions to the health and Welfare Trust on or before the fifteenth day of the month following the month in which the hours were worked. The amount the employee contributes, if any, for Health and Welfare Trust benefits will be split equally between the first two (2) pay periods in each month. Effective January 1,2020: AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 194 of 243 Page 35 Coverage Total Premium KIB Pays Employee Pays All Employees $2152.00 $1983.00 $169.00 a) The Borough shall provide, on a non-contributory basis, a group Life and Accidental Death and Dismemberment insurance plan for each eligible, regular employee. The program of benefits will be as described in a Master Contract between the Borough and insurance carrier. b) Eligible employee is defined as either: 1) a regular full-time employee, or 2) a regular part-time employee working at least twenty (20) hours per week. c) Regular part-time employees who are eligible for, and elect to have insurance coverage, shall continue to pay a proportional share of the premium. d) An employee on an approved leave of absence may elect to pay the premium for Borough-wide health insurance during this period, if allowed under the group insurance contract. e) The Borough also provides a non-contributory Accident Travel Insurance policy, which provides $100,000 coverage to employees who are traveling on official Borough business. f) The Borough will provide continuation of regular health insurance benefits for employees who utilize family and medical leave and parental leave for a period not to exceed the time limits outlined in the State and Federal Family and Medical Leave Acts and the Borough parental leave policy. If the employee pays a premium for health coverage for dependents, they are still responsible for payment of their portion of the premium while on leave. g) The Borough will provide a non-contributory short and long-term disability insurance program for each employee. 12.1.4 HEALTH CARE REFORM Should state or federal legislation mandate changes in cost, premiums, care coverage or penalties, the parties agree to reopen Article 12.1.3 Contributions of the Agreement. 12.2 RETIREMENT Kodiak Island Borough is a member of the Alaska Public Employee’s Retirement System (PERS). Accordingly, all deductions shall be made according to the regulations of that system. All employees will receive the PERS booklet and it will also be available in the payroll and Manager’s offices. AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 195 of 243 Page 36 12.3 JOINT HEALTH CARE COMMITTEE The Borough and Union recognize that there have been and likely will continue to be major changes which affect health care coverage for Borough employees. In the spirit of cooperation and in an effort to effectively deal with rapidly changing insurance issues, it is agreed that the Borough and Union will utilize a joint health care committee compri sed of the Borough Manager or their designee, two individuals designated by the Borough, and two individuals designated by the IBEW Business Representative to address insurance issues. This committee will meet on a mutually agreed basis. The committee has no authority to bind the Borough or the Union and will make recommendations regarding what the committee believes to be effective measures to deal with health care issues. Article 13: EMPLOYMENT PRACTICES 13.1 PERSONNEL RECORDS The Borough Manager shall provide and maintain central files for records of the personal and work history of each employee in the Borough service. No personnel files shall be maintained elsewhere in the Borough either by the Manager or department heads. Employees shall have access to their own confidential personnel file in the Human Resources Department at reasonable times in the presence of the Human Resources Officer or designee. Prior approval by the Borough Manager is required to access personnel files by other than the employee’s immediate supervisor and department head, Human Resources Officer or designee, or the head of a Borough department in which an employee has applied for promotion or transfer. Except as provided by law or required by a court order, all other persons or entities are barred from reviewing an employee’s personnel files without the employee’s written consent and upon written approval of the Borough Manager. Additionally: 1. Employees will be allowed access to their personnel files without the permission of their supervisors. 2. Employees will not be allowed to remove their personnel files from the office; however, employees may request copies of documents from their personnel files and these copies may be removed. 3. Supervisors will not be notified when employees request access to their personnel files. 4. All copies of Disciplinary Action Memos removed from a personnel file shall be returned directly to the affected employee, provided that a record shall AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 196 of 243 Page 37 be maintained that a Disciplinary Action Memo had been filed but was removed. 5. No supervisory employee(s) will retain copies of Disciplinary Action Memos removed from an employee’s personnel file. Medical records shall be safely secured and kept separate from the employee’s personnel file. Access to these files shall be restricted to the Manager, Human Resources Officer or designee and the employee. Such records shall not be released for any reason other than a medical emergency, in which event they may be released to a licensed health care practitioner, unless the employee gives written consent allowing the release of his/her medical file. 13.2 PAYROLL PROCEDURES It is the policy of the Kodiak Island Borough to pay employees by check or by voluntary written authorization for direct deposit (as available) on a regular basis and in a manner so that the amount, method, and timing of such payments comply with any applicable laws or regulations. Employees will normally be paid on Friday on a biweekly basis. If the regular payday occurs on a holiday, employees will be paid on the last working day prior to the regular payday. Employees on each payday will receive, in addition to their check or deposit advice, a statement showing gross pay, deductions, and net pay. Local, state, federal and social security taxes will be deducted automatically. No other deductions will be made unless required or allowed by law, contract, or employee written obligation. Employees may elect to have additional voluntary deductions taken from their pay only if they authorize the deductions in writing. When an employee separates from the Borough any wages due shall become payable immediately and shall be paid pursuant to AS 23.05.140(b), as that provision may be amended from time to time. NOTE: As of January 1, 2009 Alaska Statute 23.05.140(b) reads as follows: “…If the employment is terminated by the employer, regardless of the cause for the termination, payment is due within three working days after the termination. If the employment is terminated by the employee, payment is due at the next regular pay day that is at least three days after the employer received notice of the employee’s termination of services. 13.3 TIME SHEETS Copies of the employee’s time sheets shall be made available, upon request, by the employee or his/her designee. AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 197 of 243 Page 38 13.4 PAY CHECK ERRORS In the event an employee disputes the amount of any compensation on his/her paycheck, the employee shall notify the Borough’s designated payroll representative. The Borough shall rectify any verified paycheck errors upon receipt of such notice. Paycheck errors of less than 5% of gross pay shall be rectified on the next paycheck. Paycheck errors that are over 5% of gross pay shall be rectified within 3 working days after such notice. 13.5 MOVING EXPENSES FOR NEW EMPLOYEES The Borough Manager may specify positions in high demand and short supply requiring moving expenses for the purpose of accepting employment with the Borough, upon approval of the Borough Assembly. Such positions may be reimbursed for actual and necessary expenses under the following conditions: a. The employee must be appointed to a position for which the Borough Manager certifies that such expenditure is necessary to recruit qualified employees. b. The maximum reimbursable for an employee shall be de termined at the time of employment in accordance with current costs not to exceed the equivalent of one month’s salary. c. New employees who are assisted with their moving expenses shall be required to sign the following Transportation Agreement prior to employment. The Transportation Agreement shall stipulate that the employee will reimburse the Borough for all or part of such expenditures in the event he or she voluntarily leaves Borough service, or is discharged for cause, within a period of two (2) years according to the following schedule: 100% - Less than twelve (12) months 75% - Twelve (12) but less than eighteen (18) months 50% - Eighteen (18) but less than twenty-four (24) months d. New employees may not be given an advance against moving expe nses without prior written approval of the Borough Manager. e. It is the responsibility of the appointing authority to see to it that prospective new employees are aware of pertinent limitations of these regulations before a move is made. f. New employees shall be advised by the appointing authority of dollar limitations, the need for itemized receipts or invoices, the meaning of the Transportation Agreement, and other pertinent matters prior to their move. AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 198 of 243 Page 39 13.6 TRANSPORTATION AGREEMENT The Kodiak Island Borough and ____________________ hereby enter into this agreement concerning transportation costs. The Kodiak Island Borough agrees to provide an amount not to exceed $______________ (a maximum of one month’s salary for above noted employee) to partially defray the transportation costs of a move from ____________________________. Actual receipts will be provided to substantiate the above amount of funds. In return, ________________________________ agrees to remain in the employment of the Kodiak Island Borough for a period of two years. The above named employee will reimburse the Borough for all or part of such expenditures in the event he or she voluntarily leaves Borough service, or is discharged for cause, within a period of two (2) years according to the following schedule: 100% - Less than twelve (12) months 75% - Twelve (12) but less than eighteen months 50% - Eighteen (18) but less than twenty-four (24) months At least two years of employment with the Kodiak Island Borough results in full forgiveness of any obligation to repay the Kodiak Island Borough. This agreement is effective on this _____ day of ________________, 20___. __________________________ ______________________ Manager, Kodiak Island Borough Signature of Employee 13.7 CLOTHING ALLOWANCE Where special clothing or a uniform is required for the position, a clothing reimbursement of Seven hundred dollars ($700) per year shall be allowed. The yearly amount to be paid shall be based on the cost of the required clothing as determined on the clothing reimbursement form. All payments will be in accordance with current I.R.S. regulations. 13.8 BOROUGH VEHICLES The Borough maintains pool cars for official travel of its employees. These vehicles are to be used for Borough business only and shall not be used for private trips. Hitchhikers are not allowed to ride in Borough vehicles. No one shall operate a Borough vehicle without a current and valid driver’s license. In accordance with Ordinance 90-17, there will be no smoking in any Borough vehicle. AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 199 of 243 Page 40 13.9 PRIVATE AUTOMOBILE USAGE On rare occasions it may be necessary and prudent to use a private automobile in the performance of official duties. Reimbursement for such travel will be at the current prescribed rates as determined by the Internal Revenue Service. No employee will be paid mileage allowance for travel between his normal place of duty and his residence. Some on-call personnel are provided with the use of official vehicles as deemed necessary by the Manager or his designee. 13.10 GIFTS AND GRATUITIES It shall be the responsibility of each Borough employee to remain free from indebtedness or favors which would tend to create a conflict of interest between personal and official interests, or might reasonably be interpreted as affecting the impartiality of the individual employee. If an employee is tendered or offered a gift or gratuity (de minimis, under $100, gifts will not be subject to this section) which would, in the eyes of the public or in the eyes of public officials, be construed to be an attempt to bribe, influence, or to encourage special consideration with respect to Borough operations, such offer shall be reported without delay to the Borough Manager. Any person either soliciting or receiving such a gift, gratuity, consideration, or extraordinary favor will be subject to the disciplinary procedure. 13.11 PROFESSIONAL ORGANIZATION DUES The Borough will pay dues to one ap proved professional organization for each professional member of the staff, where such professional organization is for the purpose of improving personal abilities and qualifications. 13.12 EMPLOYMENT OF FAMILY MEMBERS No person may be employed in a position supervised by a family member. Additionally, family members shall not be placed in a position such that one member has authority to approve the work, personnel documents, expense account, or time records of another family member. An exception to this rule will be made if requested by the Borough Manager and approved by the Borough Assembly. Family members shall be described as follows: spouse, father, mother, brother, sister, son, daughter, step-mother, step- father, step-brother, step-sister, stepson, stepdaughter, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, and grandparents. A) If two employees marry who are employed in any position in which the office or employee may be able to directly or indirectly superv ise, control or influence the work or employment status of the relative or the affairs of the organizational unit in which the relative is to be employed, they shall give immediate notice of the AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 200 of 243 Page 41 marriage to the Manager. At an appropriate time, the least senior of one of the spouses may be transferred to another assignment within the Borough. The decision to transfer shall not: 1) Alter the transferring spouse’s salary and/or benefits, and 2) Alter the seniority standard described above. B) If one of the spouses agrees to a voluntary transfer, the seniority standard for involuntary transfer shall not apply. C) It is agreed that if a Borough employee is to be transferred as a result of this provision and there is no comparable position available that the Manager may use his discretion in making reassignment of the individual. However, the employee shall suffer no loss in salary, benefits, or seniority. 13.13 OTHER EMPLOYMENT No employee shall engage in any other employment, whether public, private or self- employment, during scheduled work hours, nor outside scheduled work hours if such employment conflicts with the Borough’s interests or adversely affects the employee’s availability and usefulness. 13.14 TRAVEL Employees who are traveling out of town on official business will be reimbursed for reasonable expenses by the Borough. The Borough will provide for and/or reimburse the employee for transportation costs. Transportation will normally be by air and supplemented by such ground or water transportation as is necessary. All other costs incident to such travel, and of a normal and necessary nature will be reimbursed. Such expenses would include: hotel rooms, auto rental, and telephone. Employees will be paid a per diem for meals equal to the amount listed in the cu rrent US Government Services Administration (GSA) agency schedule. It should be noted that for non-contiguous states (Alaska and Hawaii) the GSA uses the Department of Defense Rates. These rates can be found on the Federal Government web site at http://www.gsa.gov. The federal government regulations also specify that on the first and last day of travel, per diem will be 75% of the daily rate. When an employee is on official business not requiring an overnight stay, per diem will be 75% of the daily rate. All employees on official travel are expected to make every effort to minimize the cost of travel. Examples of costs that will not normally be reimbursed are first class air travel, gourmet meals, alcoholic beverages, party expenses, plush hotel suites, etc. Before embarking on any travel and prior to subm itting travel-related check requests for purchase orders, employees must submit a Travel Authorization Form (see sample form in Appendix B – Forms Section). AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 201 of 243 Page 42 Hotel rooms will generally be reserved and paid using the purchase order system. Reimbursement may be requested for hotel rooms with proper receipt submittal. An advance for per diem can be requested prior to travel. 13.15 STRANDED WHILE ON BOROUGH TRAVEL If due to inclement weather or other adverse conditions, employees traveling on Borough business become stranded away from their Kodiak office location the following will apply: A) The employee will not suffer a reduction in wages or benefits as a result of being unable to return to his/her principal work location. B) The employee will be provided with room, as outlined in Section 13.14 above, and necessary transportation at the Borough’s expense. C) The Borough will reimburse the employee for any other reasonable, necessary expenses they would not normally have incurred had they been in Kodiak. An example of such an expense would be reimbursement for any childcare expenses that might result from the employee being stranded away from Kodiak. The above will not be reimbursable if an employee has extended his/her travel time in any way for personal reasons and becomes stranded due to taking a later flight than would have been required when the Borough business was completed. 13.16 SAFETY It is a fundamental responsibility of the Borough to provide a safe work environment for its employees. It is a fundamental responsibility of the employees to abide by all safety rules and regulations and to continuously practice safety while performing their duties. The Borough will furnish such safety devices and first aid kits as may be needed for the safety and proper emergency medical treatment of employees. Employees shall use personal protective equipment as may be prescribed by State or Federal standards or the Borough. It is the responsibility of each employee to report any unsafe situation to the supervisor immediately upon recognition of the unsafe situation. 13.17 SAFETY COMMITTEE A safety committee composed of two (2) representatives from the bargaining unit appointed by the Union and two (2) representatives from the Borough will review safety programs, training, and procedures. The committee will have the right to: a. Recommend specific safety programs and training to be presented to the employees. b. Recommend corrective action for unsafe practices, procedures and devices. AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 202 of 243 Page 43 13.18 PROHIBITION OF SMOKING Per Ordinance No. FY2011-06, adopted 12/02/2010 by the Kodiak Island Borough Assembly and effective on January 1, 2011, smoking is prohibited in all buildings and offices owned or leased by the Kodiak Island Borough at all times; within a distance of 50 feet outside any entrance, window or ventilation intake system of any building or office owned or leased by the Kodiak Island Borough; and smoking on the grounds of the Borough Building is prohibited at all times due to its proximity to the Kodiak Island Borough School District offices and the Kodiak High School property. 13.19 DRUG-FREE WORKPLACE As a condition of employment, all employees are required to sign and abide by the Kodiak Island Borough’s Drug-Free Workplace Policy. In accordance with this policy, any employee who unlawfully manufactures, distributes, dispenses, possesses or uses a controlled substance in the workplace or during working hours is subject to disci plinary action up to and including immediate dismissal. Any employee reporting to work under the influence of alcohol, drugs or intoxicants is subject to disciplinary action up to and including immediate dismissal. 13.20 POLITICAL ACTIVITIES No provisions or part of this Agreement shall abridge the statutory or constitutional rights of any employee to engage in any legal political activity. Provided, however, no employee shall, directly or indirectly, during his/her hours of employment, solicit or receive funds, or at any time use his/her authority or official influence to compel any other employee to apply for membership in or become a member of any organization, or to pay or promise to pay any assessment, subscription or contribution, or to take part in any political activity. Article 14: NO STRIKE – NO LOCKOUT 14.1 NO STRIKE, SLOWDOWNS, OR LOCKOUTS This Agreement is a guarantee by both parties that there will be no form of strikes, slowdowns, or lockouts during the life of this Agreement. Article 15: GRIEVANCE PROCEDURE 15.1 GRIEVANCE PROCEDURE Section 1. Complaints or Discussions. While not considered a grievance as defined hereafter, employees and/or the Union Stewards may engage in informal discussions with AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 203 of 243 Page 44 Management to attempt to settle or prevent problems prior to a formal grievance in writing, being filed. Section 2. Grievance Definition. A grievance is hereby defined as a claim violation, misinterpretation, inequitable application, or non-compliance with the provisions of this Agreement or any supplemental agreement. A grievance shall be in writing, and shall include the following: a. The nature of the grievance and the circumstances out of which it arose, including the date of occurrence or the date when the grievant(s) became aware of the problem. b. The remedy or correction the Employer is requested to make. c. The section or sections of the Agreement relied upon, or alleged to have been violated. d. The signatures of the grievant(s) and the shop steward. e. The date the statement of the grievance was prepared. Section 3. Procedure. All grievances shall be presented to the employee’s immediate supervisor as soon as practicable but in no event later than ten (10) working days. Step One. Within ten (10) working days after written presentation of an alleged grievance, the effected employee and/or employees, and the Shop Steward shall discuss the written grievance with the designated management representative for the work function to which the employee or employees are assigned, in an effort to resolve the dispute or difference. Within these ten (10) working days, the Employer will reply, in writing, to the Shop Steward. If this reply is unsatisfactory the alleged grievance may be moved to step two, provided written notification of such move is made within five (5) working days following the receipt of the management’s step one response. Step Two. Within ten (10) working days after receipt of the notice from step one, the Union Business Representative and the Manager shall meet and discuss the alleged grievance. The Employer shall respond in writing to the Union within these ten (10) working days. Section 4. Arbitration. Grievances which have not been settled under the foregoing procedure may be appealed to arbitration via the personnel office within ten (10) calendar days from the date of the answer in step two, or if the grie vance is not appealed to arbitration it shall be considered terminated on the basis of the second step answers of the parties without prejudice or precedence in the resolution of future grievances. AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 204 of 243 Page 45 If a request for arbitration is tendered, the Union and the Employer shall confer within five (5) working days to agree on a mutually acceptable Alaskan arbitrator. If no agreement can be reached, the parties shall select an arbitrator by the striking method from a list of ten (10) arbitrators supplied to the parties by the American Arbitration Association (AAA). The Arbitrator shall be selected within (5) working days. The order for striking shall be determined by a toss of a coin. The Union Representative shall toss the coin and the Management Representative shall call out his choice. Arbitration shall commence as soon as possible following the appointment of the arbitrator. The applicable fees and expenses of the arbitrator shall be borne equally by the parties. Each party shall be responsible for the expenses of its own witnesses and any other expenses incurred on behalf of that party. Section 5. Authority of the Arbitrator. The arbitrator shall conduct a hearing according to generally accepted standards and procedures for grievance arbitration. The arbitrator shall have no authority to add to, alter, delete or modify the labor agreement or to issue any award on a matter not raised in the complaint. The decision of the arbitrator shall be final and binding on all parties. Section 6. Time Limits. Failure of either party to act within the time schedule set forth in this procedure without the express written agreement of the other party will be considered a default and the grievance shall be considered to be settled in favor of the non-defaulting party. The parties may mutually agree in writing to modify the time limits at any step of the grievance procedures. The mailing of the grievance appeal or response shall constitute a timely appeal or response if postmarked within the appeal/response period. Both parties will provide the other with a list of designated representatives and addresses. In the application of this article, “working days” shall exclude Saturdays, Sundays, and holidays recognized by this Agreement. Nothing in this section shall be construed to prevent settlement of a grievance by mutual agreement of the parties at any time. Article 16: UNION REPRESENTATIVES 16.1 UNION REPRESENTATIVES Duly authorized representatives of the Union shall be permitted to enter into the Employer’s premises during normal business hours for the purpose of investigating grievances and performing other essential functions as representatives of the bargaining unit. Essential functions are defined as the following: a) Ensuring compliance with the Agreement b) Investigating grievances c) Negotiations AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 205 of 243 Page 46 d) Investigation of safety issues e) If invited by the Borough Manager or his designee f) Employee representation within terms of Agreement The Union agrees to notify the Borough’s designated representative prior to any such visits. It is not the intent of the Union to disrupt work functions and it is not the intent of the Employer to limit the Union in its rights. 16.2 SHOP STEWARD There shall be three (3) Shop Stewards appointed by the Union. The Shop Stewards will be selected from non-supervisory positions. The Union shall promptly notify the Borough of the names of the Shop Stewards and shall notify the Borough whenever changes occur. Section 1. Definition of Duties. The duties and activities of the Shop Stewards shall include handling of complaints and grievances, administration of the Agreement, Union orientation of new employees and other duties as mutually agreed upon by the parties. Section 2. Scheduling of Activities. The Shop Steward positions are working personnel, and as such the Shop Stewards shall arrange with their appropriate supervisors, mutually agreed to times to conduct Union activities. The Shop Steward may spend a reasonable amount of time during working hours, without loss of pay, to handle grievances and other duties and activities as mutually agreed upon by the parties, pertaining to their areas of appointment. Shop Stewards will not be terminated until the Borough Manager has notified the Union stating the cause for termination. Article 17: UNION SECURITY 17.1 UNION SECURITY A. All employees covered under the terms of this Agreement who are not already Union members may make application to join the Union as a full member or become an agency fee payer. B. The Employer agrees that it will not encourage employees to resign or relinquish membership in the Union or revoke authorization of the deduction of fees to the Union. C. The Employer shall not discourage an employee from joining the Union or becoming an agency fee payer. D. The Employer agrees that it will not disclose home addresses, personal telephone number(s), personal cell phone number(s), or personal e-mail address(es) of any employees except to the Union or as needed for legitimate Borough needs. AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 206 of 243 Page 47 E. Nothing in this agreement prohibits the Union from charging a nonmember for the cost of a grievance and/or arbitration filed at the request of the nonmember. 17.2 DUES DEDUCTION During the term of this Agreement, the Employer shall deduct from the wages of employees covered by this Agreement the membership dues or equivalent service charge for those employees who individually and voluntarily authorize such deductions in writing by signing an authorization for payroll deduction of Union dues. Deductions will be submitted by check to the IBEW L.U. 1547 each month with a list of individual names and amounts withheld. The Employer will not be held liable for deduction errors but will make proper adjustments with the IBEW L.U. 1547 for any errors as soon as possible. The Union agrees that the Employer assumes no responsibility in connection with deduction of monies except that of forwarding monies deducted as set forth in this Article. The Union shall indemnify the Employer and hold the Employer harmless from any and all claims against the Employer for the amounts deducted and withheld from earnings. 17.3 GOOD STANDING WITH UNION The Borough recognizes the Union reserves the right to discipline its members for any violation of Union laws, rules or agreements. The Union may go to court to collect dues, fees, assessments, or their equivalents, which are owed to it by a Borough employee. The Borough recognizes that should the Union incur attorney fees or costs as a result of a successful collection action against a Borough employee, the employee must reimburse the Union for the full amount of the Union’s attorney fees and costs, as ordered by the court. A Borough employee’s employment status with the Borough will not be affected if an employee is delinquent in his or her financial duty to the Union. 17.4 POSTING OF AGREEMENT A copy of this Agreement shall be posted on the bulletin boards at each IBEW represented facility by the Union or its representative where it may be readily referred to by employees. 17.5 BULLETIN BOARDS The Borough shall permit the Union to use reasonable space on designated bulletin boards furnished by the Borough at each IBEW represented facility for the purpose of posting officially signed Union bulletins and notices. 17.6 UNION ACTIVITIES AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 207 of 243 Page 48 No Union activity shall be conducted during the Employer’s working hours, except as specifically provided in this Agreement. Article 18: NON-DISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY 18.1 NON-DISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY The parties are committed to the principle of equal employment opportunity in all employment practices. Employees shall not be discriminated against with respect to compensation, terms or conditions of employment because of age, sex, sexual orientation, marital status, changes in marital status, pregnancy or parenthood, race, religion, color, national origin, union activity or disability. Article 19: GENERAL PROVISIONS 19.1 EFFECT OF AGREEMENT Conformity to Law If any article of this agreement is held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article is restrained by such tribunal, the remainder of this agreement shall not be affected thereby. The parties agree that any portion of this agreement rendered i nvalid by operation of law or by any tribunal of competent jurisdiction will be automatically amended to comply with the law or tribunal ruling. If the court order is not specific in terms of how the invalidated article should apply then the parties hereto agree that within thirty (30) calendar days after a provision has been declared invalid, they will commence negotiations with regard to such invalidated provision(s). In the event the parties do not reach agreement on contract amendments with regard to the invalidated provisions; the matter shall be submitted to arbitration in accordance with the procedures set forth in this Agreement. 19.2 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the successors and assigns of the parties hereto for its term. 19.3 PRODUCTIVITY It is recognized by both the Borough and the Union that providing the most efficient service to the taxpayer is of utmost priority. The Union recognizes that the establishment of productivity improvements to ensure efficiency is the right and obligation of the Borough. The Borough agrees to inform the Union of the implementation of any new productivity improvements. 19.4 NEGOTIATIONS PROCEDURE AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 208 of 243 Page 49 a. Negotiations may be requested by either party prior to January 15th of the fiscal year in which the contract may expire. Such negotiations shall begin no later than March 1st of the same fiscal year. Meeting shall be held as necessary at times and places agreed upon by the parties. b. Requests for negotiations from the IBEW will be made directly to the Manager. Requests for negotiations from the Borough representative shall be transmitted through the Manager to the IBEW designated representative. Negotiations shall be conducted between March 1 and May 30. It is mutually agreed that the negotiations cannot be held prior to March 1 without the concurrence of both parties. c. After negotiations have been undertaken, this agreement will remain in full force and effect so long as the parties continue to bargain together in good faith; provided, however, that the agreement which results from such negotiations will be effective as of the expiration date of this Agreement. d. The negotiating meetings may be held in closed session upon mutual agreement of both parties, but all final agreements shall be made at a public meeting of the Assembly. The first meeting will be held in closed session. The ground rules will be developed and signed-off prior to the beginning of formal negotiations. During this first meeting the IBEW and the Borough Manager will designate team members and spokespersons for the pending period of formal negotiations. Also, at this time, each party will submit a listing (table of contents) of each item it wishes to place in the new agreement. No item will be the proper subject for negotiations unless contained in either list. e. Negotiating Team: No more than seven (7) designated representatives of the Borough Manager plus a spokesperson will meet with no more than seven (7) representatives of the IBEW plus a spokesperson for purposes of negotiations. All negotiations shall take place exclusively between the designated representatives of the parties. f. Consultants may be called upon by either party and utilized on the negotiation of any matter being considered by the negotiation committee. The party employing such consultants shall give notice of their intent to use such consultants in the meeting prior to their use. Consultants shall present only factual information. Costs and expenses resulting from the use of services of such consultant shall be borne by the party engaging their services. g. The Borough and IBEW agree to participate in “good faith” negotiations. h. The Borough and the IBEW agree that all matters of wages, hours and other terms and conditions of employment shall be considered proper items for negotiations. i. The Agreement: When agreement is reached between the parties on all proposals, the proposed Agreement shall be reduced to writing and submitted to the bargaining AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 209 of 243 Page 50 unit for ratification within thirty (30) calendar days. After ratification by the bargaining unit employees, the Agreement shall be recommended to the Assembly. The Assembly will take action at its next regular or special meeting. Upon approval and after necessary action by the Assembly or its authorized agents, the terms of the Agreement shall be implemented. j. Resolving Differences: In the case an Agreement has not been reached in negotiations by January 1, the parties shall follow the impasse procedure. The January 1 deadline can be extended by mutual agreement. k. All dates may be changed by mutual agreement. 19.5 SCOPE OF AGREEMENT This Agreement shall cover and apply to all work that has been traditionally performed for the Borough by bargaining unit employees in the classifications set forth in this Agreement as well as any new work that would emerge as a result of new technology. 19.6 NOTICES Notices required under the provisions of this Agreement, unless otherwise specified, shall be served by the Employer to the designated Business Representative, International Brotherhood of Electrical Workers, Local Union 1547 (IBEW), 3333 Denali Street, Anchorage, Alaska 99503, for service upon the Unions; and to the Borough Manager, Kodiak Island Borough, 710 Mill Bay Road, Kodiak Alaska, 99615, for service upon the Employer. The date of receipt of such notices shall be the controlling date for the purposes hereunder. Each party shall promptly inform the other of any change in the addresses set forth in this section. 19.7 COMPILATION OF AGREEMENT A final report of the Agreement shall be compiled by the Borough and presented to IBEW for review and agreement on format. Before printing, a cost estimate will be prepared by the Borough and presented to IBEW for review. If the cost estimate is unsatisfactory to IBEW and IBEW can obtain a lower cost for the printing, then IBEW will assume the responsibility for printing. The cost of this printing shall be borne equally by the IBEW and the Borough. 19.8 IMPASSE PROCEDURE a. Upon written request for mediation by an em ployee bargaining agency or the Assembly, and upon certification by the requesting party that the parties cannot agree on an independent private mediator and that good faith negotiations have terminated in an impasse, the following occurs: AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 210 of 243 Page 51 1. Within seven (7) days of the certification, the requesting party shall ask the United States Federal Mediation and Conciliation Service to serve as the agency to resolve the dispute. In the event the Federal Mediation and Conciliation Service implements charges for the services of the Federal Mediator, charges for such mediator would be borne equally by the parties. 2. The mediator shall chair all mediation meetings between the disputing parties and attempt to resolve the differences between the disputing parties and reach common acceptance of terms and conditions or other items in dispute, wherever possible. 3. Within thirty (30) days of the initial meeting of the parties to dispute, the parties shall have reduced all the agreed terms, conditions, and other items to a written contract. If mutually agreed, the period for reporting the contract to both parties may be extended. 4. Each party to the dispute may select a team of not more than five (5) persons to present the evidence, thinking and position of the group they represent to the mediator. b. If the mediation meetings are held during the workday, employees representing an employee bargaining agency shall be released from normal duties without penalty or loss of pay. The Borough will be reimbursed by the bargaining agency for the straight time wages for time spent on mediation activities. c. Solutions for Agreement 1. Within ten (10) days, each party of the dispute shall accept or reject in total the mediation solutions for agreement. 2. If rejected by either party, the mediator shall have an additional five (5) days to review the objections and recommend any final solutions. 3. If the solutions are rejected by either side, each party shall reduce to writing its last best offer and submit it to an Employee Relations Board which shall review the issues and which shall choose either the Borough’s or the Union’s last offer or a compromise position between the two offers. The Board shall recommend its position to the two parties as the solution to the disputed language of the Agreement. 4. The Employee Relations Board shall consist of three members. One member shall be appointed by the Manager and confirmed by the Borough Assembly. One member shall be appointed by the Union. The third member shall be chosen by and mutually acceptable to the other board members. Members of the Employee Relations Board must be residents of the Borough. Members of the board may not be elected officials, employees of AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 211 of 243 Page 52 the Borough, nor members of any labor organization which represents, or is attempting to represent Borough employees. 5. The parties agree to meet and discuss the Employee Relations Board findings within ten (10) days of its receipt and resolve the dispute. 19.9 MEET AND CONFER The parties agree that they will meet and confer at reasonable times an d places concerning this Agreement and its interpretation or any other matter of mutual concern and/or benefit to the employees of the Kodiak Island Borough. The parties further agree that either party may request, in writing, that the parties confer withi n fourteen (14) calendar days after the date of delivery of the request, which request shall specify the matter to be discussed. An inexcusable refusal to meet and confer in response to such request shall be a violation of this Agreement. There shall be no obligation on the part of either party to reopen, modify, amend or otherwise alter the terminology or interpretation of this Agreement or to make any other agreement as a result of any such conferences, nor shall the requirement for such conferences alter the rights or obligations of the parties under this Agreement. However, both parties agree to thoughtfully consider the concerns expressed by the other party on the stated issue. Article 20: TERM OF AGREEMENT 20.1 TERM OF AGREEMENT This agreement shall become effective at 12:01 a.m. on January 1, 2020 and this agreement shall continue in full force and effect through and including midnight on June 30, 2023, unless amended as referenced in Section 20.2 of the CBA. 20.2 AMENDMENT OF AGREEMENT This Agreement may be amended at any time by mutual consent of the parties hereto. Such amendment shall be reduced to writing and state the effective date. Article 21: LABOR-MANAGEMENT COMMITTEE 21.1 The parties agree to form a Labor-Management Committee. The Committee shall be composed of the Manager, or designee, and three (3) Management representatives and the Union Business Representative and three (3) bargaining unit representatives. The Committee shall select a chairperson from its membership. A quorum for Committee meetings shall be a simple majority of its members, and Committee recommendations shall be based on the majority vote of Committee members who participate in person or telephonically in the committee meeting. AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 212 of 243 Page 53 21.2 The Labor-Management Committee shall meet quarterly at a date and time set by the chairperson during KIB business hours unless there is no business to conduct. Meetings generally will be held at the Borough building. Members of the Committee who are located elsewhere may attend and participate telephonically. 21.3 The Committee shall be empowered to consider and recommend improvement in KIB policies, practices, and procedures which affect bargaining unit employees, including but not limited to workplace safety, employee training, serv ice to the public, benefit utilization and similar topics of mutual concern to the parties. The Committee is not a substitute for the Grievance and Arbitration procedures incorporated in this Agreement, and shall not be used for that purpose. Individual and class grievances shall be processed through the Grievance and Arbitration procedures. 21.4 The Employer shall give consideration to recommendations regarding matters of management prerogative, but shall not be required to implement such recommendations. Neither the Employer nor the Union shall be required to accept recommendations made by the Committee which would affect wages, hours and terms and conditions of employment covered by this Agreement, and implementation of any such recommendations shall require the mutual written consent of the Employer and the Union. AGENDA ITEM #14.A.7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 213 of 243 AGENDA ITEM #14.A.7.Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and I...Page 214 of 243 KODIAK ISLAND BOROUGH STAFF REPORT JULY 20, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Resolution No. FY2024-03 Allocating Fiscal Year 2024 Kodiak Island Borough Nonprofit Funding ORIGINATOR: Meagan Christiansen, Grant Writer/Special Projects Support RECOMMENDATION: Move to adopt Resolution No. FY2024-03. DISCUSSION: The approved Fiscal Year 2024 budget includes funding to be granted to local nonprofit entities. Applications were distributed on June 9 with a deadline for submission of June 30. Staff compiled the applications for review and discussion at the July 13 work session. Staff created this resolution based on the work session discussion. ALTERNATIVES: Amend the resolution; take no action FISCAL IMPACT: Kodiak Colleges & Libraries, up to $100,000 Health & Social Services, up to $85,000 Education/Culture & Recreation, up to $85,000 OTHER INFORMATION: AGENDA ITEM #14.B.1. Resolution No. FY2024-03 Allocating Fiscal Year 2024 Kodiak Island Borou...Page 215 of 243 Resolution No. FY2024-03 Page 1 of 1 KODIAK ISLAND BOROUGH 1 RESOLUTION NO. FY2024-03 2 3 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ALLOCATING 4 FISCAL YEAR 2024 KODIAK ISLAND BOROUGH NONPROFIT FUNDING 5 6 WHEREAS, the Kodiak Island Borough is fortunate to enjoy the efforts of many benevolent 7 nonprofit organizations that provide services that enrich lives in our community; and 8 9 WHEREAS, Kodiak area charitable non-profit organizations provide humanitarian services that 10 many community members rely upon; and 11 12 WHEREAS, these organizations provide expanded education, cultural, and health services that 13 cannot be provided through the ordinary governmental budget; and 14 15 WHEREAS, these organizations expand the services that can be provided, with limited funds, 16 through the utilization of volunteers; and 17 18 WHEREAS, these organizations provide services that fit within the adopted powers of the 19 Kodiak Island Borough; and 20 21 WHEREAS, these organizations have submitted applications requesting funds; and 22 23 WHEREAS, the Kodiak Island Borough Assembly appropriated $270,000 in the FY24 budget 24 for Nonprofit Funding. 25 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 28 BOROUGH that the Kodiak Island Borough FY24 contributions to nonprofits will be allocated as 29 described in the attached spreadsheet 30 31 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 32 THIS DAY OF , 2023 33 34 KODIAK ISLAND BOROUGH 35 36 ATTEST: 37 ___________________________ 38 Scott Arndt, Borough Mayor ______________________________ 39 Nova M. Javier, MMC, Borough Clerk 40 41 VOTES: 42 Ayes: 43 Noes: 44 AGENDA ITEM #14.B.1. Resolution No. FY2024-03 Allocating Fiscal Year 2024 Kodiak Island Borou...Page 216 of 243 Kodiak Island Borough FY24 Nonprofit Funding SORTED BY REQUEST AMOUNT Budget Kodiak College and Libraries 100,000 Health & Social Services 85,000 Education/Culture & Recreation 85,000 Total budgeted 270,000 Requests for $5,000 or less Applicant Request 7/13 WS 1 Alutiiq Museum 5,000 5,000 2 American Red Cross of Alaska 5,000 5,000 3 Chiniak Public Library 3,000 - 4 Hope Community Resources 5,000 5,000 5 Hospice and Palliative Care of Kodiak 5,000 5,000 6 Humane Society of Kodiak 5,000 5,000 7 Independent Living Center 5,000 5,000 8 Island GRAD Project 5,000 5,000 9 Kodiak Area Mentor Program 5,000 5,000 10 Kodiak Area Transit System 5,000 5,000 11 Kodiak Arts Council 5,000 5,000 12 Kodiak History Museum 5,000 3,000 13 Kodiak KINDNESS Project 5,000 3,000 14 Kodiak Maritime Museum 5,000 2,500 15 Kodiak Soil and Water Conservation District 5,000 5,000 16 Kodiak Teen Court 5,000 5,000 Subtotal 78,000 68,500 Requests greater than $5,000 up to $25,000 17 Brother Francis Shelter 25,000 15,000 18 Kodiak Area Native Association 25,000 15,000 19 Kodiak Community Health Center 25,000 - 20 Kodiak Public Broadcasting (KMXT)25,000 5,000 21 Kodiak Womens Resource & Crisis Center 25,000 25,000 22 Native Village of Afognak 24,280 - 23 Native Village of Port Lions 25,000 - 24 River of Life Daycare 25,000 - 25 RuraAL CAP 15,003 - 26 Senior Citizens of Kodiak 25,000 25,000 Subtotal 239,283 85,000 Requests greater than $25,000 27 Kodiak College 100,000 78,950 28 UAF Kodiak Seafood & Marine Science Center 27,250 21,050 Subtotal 127,250 100,000 Total all requests 444,533 253,500 FY24 Nonprofit Funding updated 07142023 AGENDA ITEM #14.B.1. Resolution No. FY2024-03 Allocating Fiscal Year 2024 Kodiak Island Borou...Page 217 of 243 KODIAK ISLAND BOROUGH STAFF REPORT JULY 20, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Resolution No. FY2024-04 Authorizing The Manager To Execute A Grant Agreement With The Department Of Commerce, Community, And Economic Development Legislative Grant For The Purpose of Repair And Replacement Of Playground Equipment At The Sargent Creek Park ORIGINATOR: Dave Conrad, E&F Director/Admin Official RECOMMENDATION: Move to adopt Resolution No. FY2024-04. DISCUSSION: The Kodiak Island Borough (KIB) received the Legislative Grant for Anton Larsen Bay Dock in 2012 from the Department of Commerce, Community, and Economic Development. The project for improving the Anton Larsen Bay Dock was substantially completed in October 2015. There were remaining funds available and the KIB asked for an extension to use the funds and researched other items to expend the funds on in relation to the Anton Larsen Bay Dock. Additional items (Signage) were procured and installed in May 2021. KIB researched other options to use the available funds remaining on the grant with a short timeframe assigned by Senator Stevens office. Using the Borough Capital Improvement Project List the Repair and Replacement of Playground Equipment at Sargent Creek Park which has been on the CIP List for multiple years was chosen and a request submitted. This request was forwarded to the Department of Commerce, Community, and Economic Development who approved a reappropriation of the funds to the Repair and Replacement of Playground Equipment at Sargent Creek Park. This will repeal the grant for Anton Larsen Bay Dock and open a new grant with the remaining fund balance to be used. ALTERNATIVES: Request reassignment for alternative project or allow the grant to revert to the state. FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #14.B.2. Resolution No. FY2024-04 Authorizing The Manager To Execute A Grant Agre...Page 218 of 243 Resolution No. FY2024-04 Page 1 of 1 KODIAK ISLAND BOROUGH 1 RESOLUTION NO. FY2024-04 2 3 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AUTHORIZING 4 THE MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE DEPARTMENT OF 5 COMMERCE, COMMUNITY, AND ECONOMIC DEVELOPMENT LEGISLATIVE GRANT FOR 6 THE PURPOSE OF REPAIR AND REPLACEMENT OF PLAYGROUND EQUIPMENT AT THE 7 SARGENT CREEK PARK 8 9 WHEREAS, the Kodiak Island Borough received a grant from the Department of Commerce, 10 Community, and Economic Development in 2012 to construct the Anton Larsen Bay Dock; and 11 12 WHEREAS, the project was substantially completed as of May 2021 with unexpended 13 appropriations of $251,426.50 set to expire on June 30, 2023; and 14 15 WHERAS, the Kodiak Island Borough requested a redirect of the unexpended appropriation 16 to a project on the Borough Capital Improvement Projects Priority List (attached) with similar 17 project cost to the available appropriation; and 18 19 WHEREAS, the Department of Commerce, Community, and Economic Development approved 20 the reappropriation of the grant for the purpose of Repair and Replacement of Playground 21 Equipment at the Sargent Creek Park. 22 23 NOW, THEREFORE, BE IT RESOLVED THAT THE ASSEMBLY OF THE KODIAK ISLAND 24 BOROUGH authorizes the manager to execute a grant agreement with the Department of 25 Commerce, Community, and Economic Development Legislative Grant for the purpose of 26 Repairing and Replacing the Playground Equipment at the Sargent Creek Park in the amount of 27 $251,426.50. 28 29 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 30 THIS DAY OF , 2023 31 32 KODIAK ISLAND BOROUGH 33 34 ATTEST: 35 ___________________________ 36 Scott Arndt, Borough Mayor ______________________________ 37 Nova M. Javier, MMC, Borough Clerk 38 39 VOTES: 40 Ayes: 41 Noes: 42 AGENDA ITEM #14.B.2. Resolution No. FY2024-04 Authorizing The Manager To Execute A Grant Agre...Page 219 of 243 Department of Commerce, Community, and Economic Development DIVISION OF COMMUNITY AND REGIONAL AFFAIRS Anchorage Office 550 West Seventh Avenue, Suite 1650 Anchorage, Alaska 99501 Main: 907.269.7906 Fax: 907.269.4539 VIA Email June 28,2023 Aimee Williams, Borough Manager Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 RE: FY 2024 Reappropriation Dear Ms. Williams: The Governor and Legislature have approved reappropriation of the grant listed below to a new FY 2024 Designated Legislative Grant per AS 37.05.315 Grants to Municipalities for the purpose of the Repair and Replacement of Playground Equipment at the Sargent Creek Park Playground. The amount of funding available for the new FY 2024 project is estimated to be $251,426.50. Repealed Grant # Project Name Current Balance 12-DC-388 Anton Larsen Dock $251,426.50 In order for the department to enter into an agreement for the new project, we must close out the existing grant. Please submit a final financial/progress report for the period ending June 30, 2023, and email the report to my attention no later than July 31, 2023. Once the report has been received and approved, we will proceed in closing out the existing grant. In preparation for the new grant agreement please submit the following information: • A scope of work for this project which includes a detailed project description, proposed timeline and budget narrative. • Original completed Signatory Authority Form (enclosed). • Site Control Documents such as a Lease, Deed, Right-of-Way, or Easement. Upon receipt of the requested information, I will prepare and send the grant agreement for signature. I have included a copy of the latest Designated Legislative Handbook, which is also available online at: https://www.commerce.alaska.gov/web/dcra/GrantsSection/DLGrants.aspx. The handbook should answer any questions you have regarding management and use of grant funds. Congratulations on this award. We look forward to working with you to ensure the success of this project. If you have any additional questions, contact me at (907)269-7906 or lindsay.reese@alaska.gov. Sincerely, Lindsay Reese Lindsay Reese Grants Administrator 2 Enclosures: Signatory Authority Form; Designated Legislative Grantee Handbook AGENDA ITEM #14.B.2. Resolution No. FY2024-04 Authorizing The Manager To Execute A Grant Agre...Page 220 of 243 Kodiak Island Borough, Alaska Resolution No. FY2023-15 Page 1 of 6 Introduced by: Interim Borough Manager thru the Mayor 1 Drafted by: Special Projects Support 2 Introduced on: 11/17/2022 3 Amended on: 12/01/2022 4 Adopted on:12/01/2022 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY2023-15 8 9 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ADOPTING A 10 STATE LEGISLATIVE CAPITAL IMPROVEMENT PROJECTS PRIORITY LIST FOR THE 2023 11 LEGISLATIVE SESSION 12 13 WHEREAS, the Kodiak Island Borough represents approximately 13,000 residents of the 14 Kodiak Island Archipelago living in six incorporated cities and one community governed by a tribal 15 council government; and 16 17 WHEREAS, a Borough–wide capital improvement program has been adopted by the Kodiak 18 Island Borough Planning & Zoning Commission which identifies major needs of the island 19 community for the next five years; and 20 21 WHEREAS, the Kodiak Island Borough Assembly has reviewed the borough-wide capital 22 improvement program adopted by the Planning & Zoning Commission and identified major 23 projects to submit to the Alaska Governor and State Legislative Delegation for funding 24 consideration. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 27 BOROUGH that: 28 29 Section 1: The Kodiak Island Borough’s State Legislative capital improvement project 30 priorities (unranked) for the 2023 legislative session are as follows: 31 32 • Hospital Facility Sterilizer and Boiler Replacement 33 Estimated Project Cost $1,000,000 34 Needed Funds $1,000,000 35 36 The Kodiak Island Borough owned hospital facility boilers and associated system 37 components are aging along with the facility. The system components that have been 38 identified for major repair or replacement include the oil-fired boilers, chiller unit, reverse 39 osmosis water system, steam generation equipment and sterilization equipment are all in 40 consideration. The oil-fired boilers provide the major hydronic heating component for 41 several associated systems at the hospital facility. They include the production of facility 42 heat, hot water and the hot water component for conversion to steam via a steam 43 generator that is distributed to the sterilizers required for the hospital operations. The 44 sterilizer equipment has been maintained at an operational level. Due to the age of the 45 existing equipment, increased frequent failures associated with the steam generator and 46 sterilization equipment has affected the operational capacity of the hospital to the point 47 where operating room availability is managed at times with the functional capacity of the 48 facility to ensure properly sterilized equipment. All of the system components need to be 49 evaluated for replacement timeframes as and of the individual component failures may 50 lead to services being suspended at the hospital facility. 51 AGENDA ITEM #14.B.2. Resolution No. FY2024-04 Authorizing The Manager To Execute A Grant Agre...Page 221 of 243 Kodiak Island Borough, Alaska Resolution No. FY2023-15 Page 2 of 6 52 • Kodiak Community Health Center Expansion Design 53 Estimated Project Cost $25,850,000 54 Funding acquired $8,317,901 55 Estimated Design Cost $1,200,000 56 Needed Funds $1,200,000 57 58 The Kodiak Community Health Center (KCHC) is currently housed within the Kodiak 59 Island Borough owned hospital facility and co-located with Providence Kodiak Island 60 Medical Center. 61 KCHC is in need of increasing their clinic space and is planning an expansion project. 62 Due to various changes in the community in the past five years, patient and provider 63 counts have increased and pushed this organization to the maximum of their space 64 limitations. Additionally, an increase in patient population is expected to coincide with a 65 local US Coast Guard base increase in employees and their families in the next few 66 years. 67 With appropriate funding KCHC proposes to expand and improve the clinic space and 68 continue to provide needed services in the Kodiak community. KCHC has acquired 69 funding in the amount of $8.3 million toward this project, however design activities are 70 not eligible within this funding. KCHC is seeking design funds in order to move forward 71 with the project and will continue to fund raise for the balance needed. 72 73 • Ouzinkie Electrical Distribution System 74 Estimated Project Cost $2,500,000 75 Needed Funds $2,500,000 76 77 Age and exposure to salt-water atmosphere have revealed that all the transformers on 78 Ouzinkie’s electric distribution system have rusted out. When the lids rust thru, water gets 79 into the transformer causing extreme loads, short circuits, and the potential, (due to 80 buildup of gas pressure), of explosion with consequences to individuals and property in 81 the vicinity. It is expected that this preventive renovation will reveal other situations such 82 as individual poles that need replacement and rerouting of transmission lines. A highly 83 critical and significant section of Ouzinkie’s power is connected to the hydroelectric plant. 84 This connection is by direct burial concentric neutral 7,200-volt power lines. This quality 85 of cable as it was installed has been estimated by Kodiak Electric Association’s Electrical 86 Engineer to have exceeded its normal expected life and is subject to failure any day. The 87 western section of town is serviced by the same type of cable and there is no possibility 88 of delivering power to these residents, temporary or otherwise when this failure occurs. 89 It is requested that this project be engineered and managed by the Alaska Energy 90 Authority. 91 92 • City of Larsen Bay Water Distribution Lines 93 Estimated Project Cost $1,700,000 94 Needed Funds $1,700,000 95 96 The City of Larsen Bay water distribution system is losing approximately 40,000 97 gallons of water every 24 hours due to unidentifiable leaks in the system. All of the 98 leaks that could be found have been repaired, however the water plant is working 24 99 hours a day, 7 days a week and during the summer months there is difficulty keeping 100 up with the water usage. 101 AGENDA ITEM #14.B.2. Resolution No. FY2024-04 Authorizing The Manager To Execute A Grant Agre...Page 222 of 243 Kodiak Island Borough, Alaska Resolution No. FY2023-15 Page 3 of 6 102 • Old Harbor Septic Tank Replacement 103 Estimated Project Cost $100,000 104 Needed Funds $100,000 105 106 Install a sewer septic tank in downtown Old Harbor, Alaska. 107 108 • Service Area Road Improvements and Paving 109 Estimated Project Cost $10,000,000 110 Local Funds $1,000,000 111 Needed Funds $9,000,000 112 113 This project addresses the on-going need to improve portions of Borough Service Area 114 roads. There are approximately 26 miles of road among four Road Service Areas that 115 connect residential neighborhoods with the greater Kodiak community. 116 Paving projects will address main thoroughfares or busy neighborhood roads. 117 Improvements to major drainage courses, installation of guard rails, and other identified 118 road improvement needs may also be addressed with this funding. 119 The two larger local road services areas, Road Service Area No. 1, serving an area north 120 of the City of Kodiak, and Women’s Bay Service Area will share the funding amongst 121 priorities that have been determined by the road service area boards. Local contributions 122 to road improvements may be funded through local improvement districts where those in 123 the district are taxed a proportion of the project cost. 124 125 • Drainage Improvements for Chiniak Highway and Sargent Creek Intersection 126 Estimated Project Cost $2,500,000 127 Needed Funds $2,500,000 128 129 This request is to provide funding to the DOT&PF Southcoast Region, Kodiak Island 130 District for the construction of improvements near the intersection of the Chiniak Highway 131 and Sargent Creek Road. These improvements will address flooding at the intersection 132 that sometimes makes it impassable. 133 Heavy rain events occurring in conjunction with high tide cause the intersection to flood 134 the only roadway in and out of Bells Flats subdivision. This flooding impedes safe travel 135 and often leaves motorists stranded and unable to reach their homes in the subdivision or 136 conversely, critical services located in town. 137 The Kodiak Island Borough recently sponsored and was awarded a Bridge Investment 138 Program grant for the Kodiak Sargent Creek and Russian River Bridges Planning Study. 139 These bridges are located on either side of the intersection of the Chiniak Highway and 140 Sargent Creek Road. The timing is optimal for coordinating the planning study with design 141 work necessary for construction improvements to ensure that ongoing flooding issues at 142 this intersection are mitigated. 143 144 • Port Lions State Route Improvement Project 145 Estimated Project Cost $1,200,000 146 Needed Funds $1,200,000 147 148 AGENDA ITEM #14.B.2. Resolution No. FY2024-04 Authorizing The Manager To Execute A Grant Agre...Page 223 of 243 Kodiak Island Borough, Alaska Resolution No. FY2023-15 Page 4 of 6 An evaluation and planning are needed to address the lack of maintenance on this state-149 owned roadway that runs through the community of Port Lions in the Kodiak Island 150 Borough. 151 The residents of Port Lions are currently driving on what is left of the original surface gravel 152 for the approximately five (5) miles of State Route in our community. The State Route runs 153 from the Airstrip through the Port Lions Subdivision, around Settlers’ Cove, through the 154 Wakefield Subdivision, to the Ferry Dock. It is the only means of access to air and ferry 155 travel for the residents. It is also the access route for families residing in the Wakefield 156 Subdivision to get to the School, Post Office, both Churches, and Small Boat Harbor. 157 There are approximately two and a half (2.5) additional miles of roadway in Port Lions 158 which are residential streets and drives. 159 A project to resurface the State Route was on the AK DOT STIP in 2003-2004, but it 160 suddenly disappeared from the STIP, and none of our efforts to have it placed back on 161 the STIP have not been successful. The condition of the State Route in 2003 was not 162 good, and it has steadily deteriorated since. There is simply no surface D-1 left. Dust in 163 the summer, mud in the fall/winter, and potholes year-round are chronic problems affecting 164 the health of the residents in the community (especially those with COPD, asthma, and 165 other lung conditions) and beating up vehicles (flat tires are very common, door hinges 166 and shock absorbers fail frequently). 167 168 The Native Village of Port Lions and the City of Port Lions share road maintenance efforts 169 in the village, but neither entity has sufficient resources to address the current condition 170 of the State Route, including the production of enough D-1 gravel to accomplish 171 resurfacing of this route. 172 173 • School Roof Evaluation and Design 174 Estimated Project Cost $100,000 175 Needed Funds $100,000 176 177 This project addresses two local elementary school roofs that have aged and are leaking. 178 The metal roof on the west section East Elementary School has reached degradation and 179 requires replacement. Some structural repair is also necessary to support the alternative 180 design in order to eliminate the building flaw that was led to leaking. The North Star 181 Elementary roof has been evaluated by a third-party contractor who has determined 182 multiple sidewall failures, allowing water to penetrate under membranes. Saturation of the 183 foam insulation has reduced the ability for the building to retain heat. Additionally, the 184 skylight above the school’s atrium has been leaking a number of years and needs to be 185 replaced. 186 187 • Safe Pathways to North Star Elementary School 188 Estimated Project Cost $2,000,000 189 Needed Funds $2,000,000 190 191 North Star Elementary School is located on a hill amongst several residential 192 neighborhoods. Many roads connecting the neighborhoods around the school are narrow, 193 steep, and winding dirt roads without sidewalks or separated pathways to keep 194 pedestrians safe from vehicular traffic. The Kodiak Safe Routes to Schools Plan (2013) 195 describes a need for separated pathways or trails to connect the residential 196 neighborhoods to the school. This project would provide separated soft surface pedestrian 197 pathways along Lily Drive and Anton Way. 198 AGENDA ITEM #14.B.2. Resolution No. FY2024-04 Authorizing The Manager To Execute A Grant Agre...Page 224 of 243 Kodiak Island Borough, Alaska Resolution No. FY2023-15 Page 5 of 6 199 • Akhiok School HVAC Controls Replacement 200 Estimated Project Cost $300,000 201 Needed Funds $300,000 202 203 All of Kodiak Island’s rural school’s HVAC systems should be evaluated for retrofit and 204 reduction of computer control systems. Due to the remote nature of the location of these 205 schools, including the Akhiok community school where the HVAC controls in place are 206 failing, the communities would benefit from having less computerized systems that could 207 be maintained by a local resident with assistance from school district maintenance staff. 208 209 • Sargent Creek Community Playground & Basketball Court 210 Estimated Project Cost $300,000 211 Local Funding $2,000 212 Needed Funds $148,000 213 214 The goal of this project is to provide modern playground equipment that meets current 215 standards to replace old equipment at a community playground. 216 The small playground located at 538 Sargent Creek Road by the Women’s Bay Fire 217 Department was installed more than 30 years ago and needs to be updated. The Sargent 218 Creek Playground experiences a significant level of use by families in the neighborhood, 219 as it is the only park/playground on the Sargent Creek side of Womens Bay. There are 220 currently just 4 pieces of equipment, 3 of which are rusted and in need of removal and 221 replacement. There is also an existing basketball court, but it lacks pavement and sits on 222 a grassy patch of ground. Significant ground/site prep work, including pouring cement, 223 would be required to bring the basketball court to a functional level. 224 A similar playground project took place at the Panamaroff Park in 2014. Cost estimates 225 are from that project. The Womens Bay Community Coalition is committed to seeking 226 funding from a variety of sources and are willing to provide volunteer labor as 227 needed. Kodiak Island Borough owns the land where the park is located. 228 229 • Mill Bay Beach Access and Recreation Upgrade 230 Estimated Project Cost $500,000 231 Needed Funds $500,000 232 233 Mill Bay Beach is a recreational area heavily used by residents, sport fishermen and 234 community groups who come to access this beach site located close to town. Time, tide, 235 and use have eroded safe access to the two stretches of beach at this site. This project 236 includes new stairs, walkways and trail enhancements between the two beaches, as well 237 as a small raft/kayak launch. 238 239 • Anton Larsen Bay Road Extension to Ice Free Water 240 Estimated Project Cost $10,450,000 241 Funding Acquired $450,000 242 Needed Funds $10,000,000 243 244 An extension of the Anton Larsen Bay Road will be a public road of approximately 2.2 245 miles to ice free waters just outside Anton Larsen Bay. The project will include a boat 246 AGENDA ITEM #14.B.2. Resolution No. FY2024-04 Authorizing The Manager To Execute A Grant Agre...Page 225 of 243 Kodiak Island Borough, Alaska Resolution No. FY2023-15 Page 6 of 6 launching ramp. The road will provide year around road access to Kodiak for residents of 247 Port Lions, Ouzinkie and much of the west side of Kodiak Island and all of Afognak Island 248 without having to travel around Spruce Cape. 249 250 Year-round travel by vessel to Kodiak around Spruce Cape is treacherous. Extending the 251 Anton Larsen Bay Road makes winter traveling safer and provides access to critical 252 services located in the City of Kodiak – including hospitals and businesses. The road 253 extension will support existing commercial operations in Marmot Bay such as Kodiak 254 Electrical Association hydro-electric plant, Koniag Inc. rock quarry, and Kodiak Regional 255 Aquaculture Association’s Kitoi hatchery. Moreover, an extended road will enhance 256 summer and winter recreational opportunities and activities for all Kodiak residents. 257 258 The Anton Larsen Bay Road extension is envisioned as a project undertaken by the Native 259 Village of Ouzinkie or the Spruce Island Develop Corporation. It will be built on a road 260 right-of-way donated by the Ouzinkie Native Corporation and Koniag, Inc. The road 261 extension is also in the Sun’aq Tribe of Kodiak’s road inventory. Maintenance of the 262 extension is expected to be by one or both tribal entities. The route is identified in the 263 Kodiak Transportation Plan as in important upland facility. Routing is complete and most 264 of the design work is finished. An environmental assessment was completed in 2020. It is 265 requested that this project be included in State of Alaska’s State Transportation 266 Improvement Program (STIP). Funding will be from State and/or Federal funds with 267 Ouzinkie Native Corporation and Tribe providing the right-of-way and in-kind services. 268 269 Section 2: The Kodiak Island Borough administration is hereby instructed to advise our State 270 of Alaska Governor and Legislative Delegation of the Capital Improvement 271 Projects Priority List adopted by the Kodiak Island Borough Assembly. 272 273 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 274 THIS FIRST DAY OF DECEMBER 2022. 275 276 277 VOTES: 278 Ayes: Griffin, LeDoux, Smiley, Smith, Turner 279 Noes: None 280 Absent: Arndt Delgado 281 AGENDA ITEM #14.B.2. Resolution No. FY2024-04 Authorizing The Manager To Execute A Grant Agre...Page 226 of 243 KODIAK ISLAND BOROUGH STAFF REPORT JULY 20, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2023-18 Amending Kodiak Island Borough Code Title 1 General Provisions Chapter 1.20 General Penalty Section 1.20.050 Fine Schedule Setting Out Penalties In The Minor Offense Fine Schedule; And Amending Title 8 Health And Safety Chapter 8.20 Littering Section 8.20.010 Unlawful Acts Regarding Littering And Improper Disposal Of Waste ORIGINATOR: Seema Garoutte, Assessor/Interim CDD Director RECOMMENDATION: Move to advance Ordinance No. FY2023-18 to public hearing at the next regular meeting of the Assembly. DISCUSSION: After discussion with the Assembly, Community Development would like to bring forward the following ordinance forward for the Assemblies consideration to update portions of the UMOT code. The mandatory court appearance for Improper Use of Recreational Vehicle as a Dwelling Unit was left on as it was. Community Development believes that we should go through the court system due to it being a place of residence. We would have substantial amounts of evidence for the court to make a decision. History: In 2022, Community Development asked the Assembly about putting together some information about updates to UMOT. At that time, it was a general consensus by the Assembly to put some numbers together and bring it back to the Assembly to see if they were interested in Community Development putting an ordinance together to update UMOT for Zoning Compliance, including individuals living in RV's for more than 90 days, outdoor Storage, and includes Building and Construction penalties and remedies so that work in conjunction with Building and Safety. Additionally, Community Development is working with Attorney Brandt-Erichsen on a cease and desist order, with the option to appeal to dispute. Community Development will bring that forward for Assembly review after all the details have been worked out. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #14.C.1. Ordinance No. FY2023-18 Amending Kodiak Island Borough Code Title 1 Gene...Page 227 of 243 Ordinance No. FY2023-18 Page 1 of 6 KODIAK ISLAND BOROUGH 1 ORDINANCE NO. FY2023-18 2 3 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 4 KODIAK ISLAND BOROUGH CODE TITLE 1 GENERAL PROVISIONS CHAPTER 1.20 5 GENERAL PENALTY SECTION 1.20.050 FINE SCHEDULE SETTING OUT PENALTIES IN 6 THE MINOR OFFENSE FINE SCHEDULE; AND AMENDING TITLE 8 HEALTH AND SAFETY 7 CHAPTER 8.20 LITTERING SECTION 8.20.010 UNLAWFUL ACTS REGARDING LITTERING 8 AND IMPROPER DISPOSAL OF WASTE 9 10 WHEREAS, the Kodiak Island Borough has adopted provisions to include certain code 11 violations in the Alaska Uniform Minor Offense Table (UMOT); thus, allowing enforcement with 12 citations as necessary requires reasons to be described in the code; and 13 14 WHEREAS, the Assembly desires to include additional code violations in the UMOT to enable 15 more effective enforcement where those violations occur; and 16 17 WHEREAS, the Assembly desires to establish new provisions in the Kodiak Island Borough 18 Code designed to enable more effective enforcement of prohibitions on improper disposal of 19 waste at transfer sites by making the owner of the vehicle used in connection with the improper 20 disposal of the waste responsible for the violation. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 23 BOROUGH that: 24 25 Section 1: This ordinance is of a general and permanent nature and shall become a part of the 26 Kodiak Island Borough Code of Ordinances. 27 28 Section 2: That Kodiak Island Borough Section 1.20.050 Fine Schedule is amended to read as 29 follows: 30 31 1.20.050 Fine Schedule. 32 33 Code Section Offense Penalty/Fine KIBC 6.04.020 Cruelty to Animals Mandatory court appearance KIBC 6.04.060 Contagious Animals Prohibited (1st offense) $55 KIBC 6.04.060 Contagious Animals Prohibited (2nd offense) $83 KIBC 6.04.060 Contagious Animals Prohibited (3rd and subsequent offenses) $100 AGENDA ITEM #14.C.1. Ordinance No. FY2023-18 Amending Kodiak Island Borough Code Title 1 Gene...Page 228 of 243 Ordinance No. FY2023-18 Page 2 of 6 KIBC 6.04.080 Annoying Animals Prohibited (1st offense) $28 KIBC 6.04.080 Annoying Animals Prohibited (2nd offense) $55 KIBC 6.04.080 Annoying Animals Prohibited (3rd and subsequent offenses) $83 KIBC 6.04.100(A) Control of Animals Mandatory court appearance KIBC 6.04.100(B) and (D) Control of Animals (1st offense) $55 KIBC 6.04.100(B) and (D) Control of Animals (2nd offense) $83 KIBC 6.04.100(B) and (D) Control of Animals (3rd and subsequent offenses) $110 KIBC 6.04.110 Animal Littering Prohibited (1st offense) $28 KIBC 6.04.110 Animal Littering Prohibited (2nd offense) $55 KIBC 6.04.110 Animal Littering Prohibited (3rd and subsequent offenses) $83 KIBC 6.04.120(A), (B), (C) and (D) Animal Identification (1st offense) $28 KIBC 6.04.120(A), (B), (C) and (D) Animal Identification (2nd offense) $55 KIBC 6.04.120(A), (B), (C) and (D) Animal Identification (3rd and subsequent offenses) $83 KIBC 6.04.130 Animal Tag and Collar (1st offense) $28 KIBC 6.04.130 Animal Tag and Collar (2nd offense) $55 KIBC 6.04.130 Animal Tag and Collar (3rd and subsequent offenses) $83 KIBC 8.20.010(A) Littering $100 first offense, $300 second offense, $1000 third offense. KIBC 8.20.010(B) Allowing Vehicle to be Used in littering $100 first offense, $300 second offense, $1000 third offense. AGENDA ITEM #14.C.1. Ordinance No. FY2023-18 Amending Kodiak Island Borough Code Title 1 Gene...Page 229 of 243 Ordinance No. FY2023-18 Page 3 of 6 KIBC 8.20.010(C) Allowing Vehicle to be Used in the Improper Disposal of Solid Waste at a Borough Waste Site $100 first offense, $300 second offense, $1000 third offense. KIBC 8.25.070(B)(3)(b) Solid Waste Storage and Set-Out (1st offense) $50 KIBC 8.25.070(B)(3)(b) Solid Waste Storage and Set-Out (2nd offense) $200 KIBC 8.25.070(B)(3)(b) Solid Waste Storage and Set-Out (3rd offense) $500 KIBC 8.25.070(B)(3)(b) Solid Waste Storage and Set-Out (4th and subsequent offenses) $1,000 KIBC 10.10.010 Junk Vehicles (1st offense) $450 KIBC 10.10.010 Junk Vehicles (2nd and subsequent offenses) $600 KIBC 10.20.010 Obstruction of Rights-of- Way (1st offense) $50 KIBC 10.20.010 Obstruction of Rights-of- Way (2nd offense) $100 KIBC 10.20.010 Obstruction of Rights-of- Way (3rd and subsequent offenses) $200 KIBC 10.20.020 Obstruction of Service (1st offense) $50 KIBC 10.20.020 Obstruction of Service (2nd offense) $100 KIBC 10.20.020 Obstruction of Service (3rd and subsequent offenses) $200 KIBC 15.50.030(C) Violation of Stop Work Order $300 per day KIBC 17.15.060 Failure to Obtain Zoning Compliance Permit $300 KIBC 17.15.020 Use, Occupancy, Construction in Violation of Zone Limitations, per day $300.00 AGENDA ITEM #14.C.1. Ordinance No. FY2023-18 Amending Kodiak Island Borough Code Title 1 Gene...Page 230 of 243 Ordinance No. FY2023-18 Page 4 of 6 KIBC 17.165.050 Improper Use of Recreational Vehicle as a Dwelling Unit Mandatory Court appearance 34 Section 3: That Kodiak Island Borough Section 8.20.010 Unlawful Acts is amended to read as 35 follows: 36 37 8.20.010 Unlawful Acts. 38 39 A. A person may not throw, drop, deposit, discard or otherwise dispose of litter from a vehicle 40 or otherwise, on public or private property in the borough or in waters in the borough or 41 under borough jurisdiction unless: 42 43 1. The property is designated by the borough as a site for the sanitary disposal of 44 garbage or refuse, and the person is authorized to use the site for that purpose; or 45 46 2. Litter is placed in a litter receptacle, and the person is authorized to use that 47 receptacle, so that the litter is prevented from being carried away or deposited by the 48 elements upon public or private property or waters in the borough or under borough 49 jurisdiction. 50 51 B. Use of vehicle to litter. A vehicle may not be in used in the commission of the 52 violation of subsection (A) of this section. It is a violation of this section to use or 53 allow the use of a vehicle in the violation of subsection (A) of this section. 54 55 1. Vehicle Owner’s Responsibility. It is unlawful for any person, firm, or 56 corporation to authorize or knowingly to permit any vehicle registered in his, 57 her or its name to be used in the violation of subsection (A) of this section. 58 59 2. Registered Owner Responsible for Violations. A vehicle that is used in the 60 violation of subsection (A) of this section is considered to have been used by 61 any registered owner of the vehicle. When a vehicle is registered to two or more 62 owners each owner is deemed to have consented to any use of the vehicle by 63 another registered owner and each such owner shall be deemed to have given 64 consent to the use of the vehicle by any other person who has received the 65 consent of any registered owner. Only the registration records of the vehicle as 66 of the date of the violation or an acknowledgment of conveyance signed or 67 sworn to by the alleged new owner will be accepted as satisfactory evidence 68 that a vehicle has been sold or otherwise conveyed to a new owner. 69 70 C. Use of vehicle to improperly deposit waste. A vehicle may not be used in the 71 transportation or disposal of solid waste, as defined in KIBC 8.25.020, at a 72 borough waste site unless the waste is placed in the container provided for that 73 purpose. It is a violation of this section to use or allow the use of a vehicle to 74 AGENDA ITEM #14.C.1. Ordinance No. FY2023-18 Amending Kodiak Island Borough Code Title 1 Gene...Page 231 of 243 Ordinance No. FY2023-18 Page 5 of 6 transport solid waste which is deposited on the ground outside of the container 75 at a waste site. For purposes of this section a waste site is a location where a 76 roll off container has been placed by the borough or its contractor for persons 77 to deposit solid waste. 78 79 1. Vehicle Owner’s Responsibility. It is unlawful for any person, firm, or 80 corporation to authorize or knowingly to permit any vehicle registered in his, 81 her or its name to be used in the transportation or disposal of solid waste at 82 a borough waste site unless the waste is placed in the container provided for 83 that purpose. 84 85 2. Registered Owner Responsible for Violations. A vehicle that is used to 86 transport or in the disposal of solid waste at a borough waste site which is 87 not placed in the container provided for that purpose is considered to have 88 been used by any registered owner of the vehicle When a vehicle is registered 89 to two or more owners each owner is deemed to have consented to any use 90 of the vehicle by another registered owner and each such owner shall be 91 deemed to have given consent to the use of the vehicle by any other person 92 who has received the consent of any registered owner. Only the registration 93 records of the vehicle as of the date of the violation or an acknowledgment of 94 conveyance signed or sworn to by the alleged new owner will be accepted as 95 satisfactory evidence that a vehicle has been sold or otherwise conveyed to 96 a new owner. 97 98 D. B. A vehicle may not be driven or moved on a public highway or right-of-way unless it 99 is constructed, loaded or covered to prevent its load from dropping, shifting, leaking or 100 otherwise escaping from the vehicle. This subsection does not apply to a vehicle used: 101 102 1. To deposit salt or sand to secure traction; or 103 104 2. By a public agency to clean or maintain highways. 105 106 The vehicle owner and the person who operates the vehicle are each responsible for penalties 107 for violation of this section. A person who operates a vehicle from which an object has fallen or 108 escaped which obstructs or endangers travel upon a public highway or right-of-way shall 109 immediately remove the object at his own expense or pay the cost of removal incurred by the 110 borough or by another party. 111 112 Effective Date: This ordinance takes effect 30 days after adoption. 113 114 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 115 THIS _____ DAY OF_________________, 2023 116 117 KODIAK ISLAND BOROUGH 118 119 AGENDA ITEM #14.C.1. Ordinance No. FY2023-18 Amending Kodiak Island Borough Code Title 1 Gene...Page 232 of 243 Ordinance No. FY2023-18 Page 6 of 6 ATTEST: 120 ___________________________ 121 [Name], Mayor ______________________________ 122 Nova M. Javier, MMC, Borough Clerk 123 124 Introduced by: KIB Assembly 125 First reading: 126 Second reading/public hearing: 127 128 VOTES: 129 Ayes: 130 Noes: 131 132 AGENDA ITEM #14.C.1. Ordinance No. FY2023-18 Amending Kodiak Island Borough Code Title 1 Gene...Page 233 of 243 KODIAK ISLAND BOROUGH STAFF REPORT JULY 20, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Declaring A Retail Business Representative Seat Vacant On The Solid Waste Advisory Board (Mr. Robert Williams) ORIGINATOR: Lina Cruz, Deputy Clerk RECOMMENDATION: Move to accept, with regret, the resignation of Mr. Robert Williams effective June 30, 2023, and direct the Borough Clerk to advertise the vacancy per Borough code. DISCUSSION: On July 5, 2023, the Clerk's Office received Mr. Williams' notice of resignation for his Retail Business Representative seat on the Solid Waste Advisory Board. The Kodiak Island Borough thanks Mr. Williams for his service. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: 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. AGENDA ITEM #14.D.1. Declaring A Retail Business Representative Seat Vacant On The Solid Wast...Page 234 of 243 From:Brian Price To:Clerks Cc:Dave Conrad; Jena Hassinger Subject:FW: Resignation Date:Wednesday, July 5, 2023 10:22:30 AM Good morning all, As of last Friday, SWAB member Robert Williams has resigned. Please see the email below. He held a designated "Retail Business Representative" seat. Per Borough Code Title 2 Chapter 2.100 Section 2.100.070 D., I would like to advertise The vacancy. Brian Price Secretary III Engineering & Facilities Dept. Kodiak Island Borough 710 Mill Bay Road Kodiak AK 99615 bprice@kodiakak.us Ph.907-486-9343 PUBLIC RECORDS LAW DISCLOSURE: This email and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. -----Original Message----- From: Robert Williams <rpwilliams1979@yahoo.com> Sent: Friday, June 30, 2023 5:26 PM To: Brian Price <bprice@kodiakak.us> Cc: kerryirons@gmail.com; vizhunz@gmail.com; kodiaklarry@gmail.com; dlhogen@gmail.com; Dave Conrad <dconrad@kodiakak.us>; Jena Hassinger <jhassinger@kodiakak.us> Subject: Resignation SWAB Team, I found out yesterday that I will be moving to the A street location effective next Saturday. With that being said, I will no longer be able to serve on the SWAB. It has been a very interesting 18 months watching the passion that everyone has for making this amazing island better and understanding that as a community we need to preserve the beauty of Kodiak. I know that my spot is the “retail” board member and I believe (my opinion)the next retail member should be someone from a local business. I believe Someone who understands Kodiak and has a personal vested interest in what happens here will be better than anyone who is just visiting. They will have a better pulse on the community and should understand things completely different than someone who operates a “big box”. I do want to thank you each of you for allowing me the opportunity to share this experience with you. Robert AGENDA ITEM #14.D.1. Declaring A Retail Business Representative Seat Vacant On The Solid Wast...Page 235 of 243 Rev. by IA On: 03/16/2023 NAME TERM ENDS CONTACT NO. EMAIL At-Large Seats 1 Teresa Pruitt PO Box 8609 2025 (907) 942-3453 (907) 486-0048 vizhunz@gmail.com 2 Lawrence Van Daele 3401 Antone Way 2025 (907) 654-8822 kodiaklarry@gmail.com 3 Andie Wall (Chair) 1719 Selief Lane 2023 (907) 654-1443 Andie.w.wall@gmail.com 4 2025 2 Designated Seats Construction Business Representative 5 Douglas Hogen 3099 Spruce Cape Rd 2024 (907) 539-5407 (907) 486-4407 dlhogen@gmail.com Retail Business Representative 6 Robert Williams 1523 Mission Rd # 3 2024 (907) 854-7106 Rpwilliams1979@yahoo.com 7 Kerry Irons (Vice-Chair) PO Box 1522 2024 (907) 942-0186 (907) 486-5193 kerryirons@gmail.com NAME (Ex Officios, Non-Voting) TERM ENDS CONTACT NO. EMAIL 1 Assembly Representative Scott Smiley PO Box 1522 October 2023 (907) 942-0184 Scott.smiley@kibassembly.org 2 KIB Staff Representative Dave Conrad (907) 486-9357 dconrad@kodiakak.us 3 USCG Representative Jennifer N. Nutt Environmental Division Chief (907) 487-5494 (907) 854-4514 Jennifer.n.nutt@uscg.mil 4 City of Kodiak Representative Corey Gronn 315 Maple Ave. (907) 654-7559 (907) 486-8670 cgronn@city.kodiak.ak.us 5 KHS Student Council Rep April 29 Annually STAFF: Engineering and Facilities Department E&F Director Dave Conrad (907) 486-9357 dconrad@kodiakak.us E&F Secretary Patricia Valerio (907) 486-9343 pvalerio@kodiakak.us LEGISLATION: Kodiak Island Borough Code 2.145, Solid Waste Advisory Board By-laws adopted and ratified on June 2, 2010 AGENDA ITEM #14.D.1. Declaring A Retail Business Representative Seat Vacant On The Solid Wast...Page 236 of 243 KODIAK ISLAND BOROUGH STAFF REPORT JULY 20, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Declaring A Seat Vacant On The Parks And Recreation Committee (Mr. Benjamin Vincent) ORIGINATOR: Lina Cruz, Deputy Clerk RECOMMENDATION: Move to accept, with regret, the resignation of Mr. Benjamin Vincent effective June 26, 2023, and direct the Borough Clerk to advertise the vacancy per Borough code. DISCUSSION: On June 26, 2023, the Clerk's Office received Mr. Vincent's notice of resignation for his seat on the Parks And Recreation Committee for a term to expire 2024. The Kodiak Island Borough thanks Mr. Vincent for his service. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: 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. AGENDA ITEM #14.D.2. Declaring A Seat Vacant On The Parks And Recreation Committee (Mr. Benja...Page 237 of 243 From:Seema Garoutte To:Benjamin Vincent Cc:Clerks; Nova Javier Subject:RE: Parks and Rec Meeting Date:Monday, June 26, 2023 11:21:10 AM Attachments:image001.png Ben, Wishing you the best of luck in your endeavors! Thanks for letting KIB know of your move, Seema Garoutte Assessor Interim Community Development Director 710 Mill Bay Road Kodiak, AK. 99615 907-486-9350 From: Benjamin Vincent <btvincent2@gmail.com> Sent: Monday, June 26, 2023 11:08 AM To: Seema Garoutte <sgaroutte@kodiakak.us> Subject: Re: Parks and Rec Meeting Seema, Unfortunately I’ll be unable to attend the meeting and further unable to preform duties as a member of the committee. I am in the process of moving off island and will be living in Florida by the first meeting. I appreciate your understanding. Thanks, On Mon, Jun 26, 2023 at 9:50 AM Seema Garoutte <sgaroutte@kodiakak.us> wrote: Good morning! General consensus was that we meet on July 25th for the regular meeting. July 25th at 2:15 so that everyone can introduce themselves to each other, and then the meeting AGENDA ITEM #14.D.2. Declaring A Seat Vacant On The Parks And Recreation Committee (Mr. Benja...Page 238 of 243 Rev. by nj On: 06/28/2023 NAME TERM ENDS CONTACT NO. EMAIL 1 Brian Himelbloom PO Box 1866 2025 (907) 512-7070 (907) 486-0822 kayakadq@gmail.com 2 Ben Millstein 11188 Kalsin Dr. 2023 (907) 942-3083 (907) 486-2537 bmills@ak.net 3 Benjamin Vincent 418 Caroll Way #C8 2024 (907) 406-0270 btvincent2@gmail.com 4 Tracy Chandler 569 Leta St. 2025 (907) 539-1842 tracytchandler@gmail.com 5 Travis Cooper 326 Center Ave. 2024 (907) 205-5222 travis@islandtrails.org 6 James Arneson 3092 Spruce Cape Rd 2024 (907) 942-3403 jrarneson@gmail.com 7 2023 EX OFFICIOS NON-VOTING (KIBC 2.12.010) SEAT APPOINTEE CONTACT NO. EMAIL 1 Assembly Member Larry LeDoux PO Box 1042 (907) 486-4966 larry.ledoux@kibassembly.org 2 Planning and Zoning Commissioners Cort Neff PO Box 8592 (907) 512-7272 cort.neff@kibplanning.org Christopher Paulson (Alternate) 1118 Steller Way (907) 539-1973 christopher.paulson@kibplanning.org 3 City Parks & Rec Director Corey Gronn 315 Maple Ave (907) 654-7559 (907) 486-8670 cgronn@city.kodiak.ak.us 4 State Park Ranger Ben Shryock 1400 Abercrombie Dr (907) 486-6339 benjamin.shryock@alaska.gov 5 School Rep STAFF: Seema Garoutte CDD Director (907) 486-9350 sgaroutte@kodiakak.us Associate Planner Bronwyn Currie CDD Permit Technician (907) 486-9363 bcurrie@kodiakak.us LEGISLATION: Kodiak Island Borough Code 2.120, Parks and Recreation Committee AGENDA ITEM #14.D.2. Declaring A Seat Vacant On The Parks And Recreation Committee (Mr. Benja...Page 239 of 243 KODIAK ISLAND BOROUGH STAFF REPORT JULY 20, 2023 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Approval Of A Letter Of Support For The Cook Inlet Regional Citizens Advisory Council (CIRCAC) Recertification Application ORIGINATOR: Nova M. Javier, MMC, Borough Clerk RECOMMENDATION: Move to approve a letter of support for the Cook Inlet Regional Citizens Advisory Council recertification application. DISCUSSION: CIRCAC is soliciting letters of support from boroughs and municipalities for its triennial recertification application as the alternative advisory group for Cook Inlet, Alaska, pursuant to the Oil Pollution Act of 1990. The recertification request observes the revised USCG guidelines that require a full application process with a full public comment period for one year out of every three; this is a year for that full process. The deadline for submission for this letter is August 4, 2023. The Assembly may view CIRCAC's recertification application here. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #14.D.3. Approval Of A Letter Of Support For The Cook Inlet Regional Citizens Adv...Page 240 of 243 Kodiak Island Borough Office of the Borough Mayor 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 Email: clerks@kodiakak.us July 20, 2023 Rear Admiral Megan Dean United States Coast Guard Commander 17th Coast Guard District Docket Number: USCG-2023-0392 RE: Cook Inlet Regional Citizens Advisory Council Recertification Application Dear Rear Admiral Dean: I am writing in full support of recertification of the Cook Inlet Regional Citizens Advisory Council (CIRCAC). Since its creation in 1990, CIRCAC has been Cook Inlet’s most effective organization for promoting programs to prevent spills, enhance safety in both marine transportation and oil facilities operations, and protect Cook Inlet’s waters, shorelines, cultural, natural and wildlife resources. CIRCAC has been proactive in working with the Alaska Department of Environmental Conservation (ADEC) on a suite of regulatory updates, approved in 2021. CIRCAC worked with the agency, industry partners and through various public outreach campaigns to educate and support updates that strengthened the state’s spill response rules. Not only does CIRCAC advocate for better regulatory oversight and safety measures, but they also contribute concrete solutions on how to achieve those goals. This includes conducting risk assessments, sharing data, developing applicable tools and strategies, evaluating best available technology, engaging the public, and thoroughly reviewing contingency plans and regulations that prioritize prevention while promoting safety. No other organization has focused as much attention for as many years to identifying, assessing, and mitigating risks in this region. Working with industry and multiple local, state, and federal agencies, CIRCAC has expanded its Ice Camera Network. The information provided by these cameras has significantly reduced the risk of an incident in Cook Inlet’s dynamic winter conditions and highlights CIRCAC’s ability to develop partnerships and share information. AGENDA ITEM #14.D.3. Approval Of A Letter Of Support For The Cook Inlet Regional Citizens Adv...Page 241 of 243 Letter to USCG Rear Admiral Dean CIRCAC Certification Page 2 of 2 July 20, 2023 CIRCAC’s science and environmental monitoring programs provide valuable data about coastal habitats, physical oceanography, and oil behavior. They recently entered a three-year agreement with the Bureau of Ocean Energy Management (BOEM) to compile historical contaminants data from Cook Inlet into an integrated database for online access. CIRCAC continues to provide its stakeholders and the public an avenue through which they can work with industry and regulators to ensure safe operations in the region. CIRCAC’s accomplishments in the last three years include, but are certainly not limited to: • Identified areas on the north side of Kodiak Island for future ShoreZone updates • Completed field sampling in the Kodiak region for long term studies on marine snow fates • Received study plan approval from BOEM for data needs for model validation in Cook Inlet and Kodiak Island regions • Advocated for a strengthening of oil spill prevention and response regulations • Increased public outreach efforts through new, local advertising, exhibits and expanding audiences for its newsletter, website, and social media • Expanded Geographic Response Information Database (GRID) in scope and accessibility including the Kodiak region • Participated on and provide expertise to the Cook Inlet Harbor Safety Committee • Expanded the Cook Inlet Ice Monitoring Camera Network with modern video technology Since its inception, CIRCAC has formed and strengthened partnerships and encouraged consensus decision-making. Through this process, CIRCAC brings a varied group of stakeholders together to create environmental monitoring and oil spill prevention programs to promote safe production and transportation of oil in Cook Inlet. I strongly urge the U.S. Coast Guard to recertify CIRCAC so that it can continue to build on its work and positively impact the future of Cook Inlet. Sincerely, Scott Arndt, Mayor AGENDA ITEM #14.D.3. Approval Of A Letter Of Support For The Cook Inlet Regional Citizens Adv...Page 242 of 243 KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Regular Meeting - June 19, 2023 SUMMARY OF ACTION ITEMS: APPROVED: Motion to approve the Agenda. APPROVED: Motion to approve the consent agenda to include Minutes of May 15, 2023 Regular Meeting, Minutes of May 22, 2023 Special Meeting, Minutes of June 5, 2023 Special Meeting, and the Minutes of June 7, 2023 Emergency Special Meeting as presented. APPROVED: Motion to adopt resolution 22-23-001. APPROVED: Motion to approve the 2023-2024 Certificated Contracts for Melissa Mallett Special Education Teacher at District Wide Services, Estela Neri Elementary Teacher at North Star, and Ekaterina Ostrovskaia Elementary Teacher at North Star, as submitted. APPROVED: Motion to transfer $75,000 of Fund Balance Reserve to Capital Projects Fund (501) to include the following: Project #3-Construction Projects $75,000. APPROVED: Motion to approve FY24 Expenditures over $25,000 to include: Requisition 30006 to Community Inclusion Services not to exceed $75,000, Requisition 30014 to Lexia Learning Systems LLC in the amount of $94,500, Requisition 30015 to Lexia Learning Systems LLC in the amount of $44,361, Requisition 30024 to Food Services of America in the amount of $240,338.80, Requisition 30009 to Staples Technology Solutions in the amount of $27,762.05, Requisition 30011 to West Coast Paper Co. in the amount of $41,840.84 Requisition 30012 To Food Services of America in the amount of $61,767.37, and Requisition 30013 To Food Services of America in the amount of $35,249.55. APPROVED: Motion to acknowledge the receipt of the May 2023 Report of Revenues and Expenditures, year-to-date general fund revenues in the amount of $45,135,801.44 and year-to-date general fund expenditures in the amount of $40,390,795.09. APPROVED: Motion to adjourn. Subsequent to approval, the Board of Education meeting minutes are posted on the District’s website at www.kibsd.org. AGENDA ITEM #18.A. Kodiak Island Borough School District Board Meeting Summaries of June 19...Page 243 of 243 KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting - June 26, 2023 SUMMARY ACTION ITEMS: APPROVED: Motion to approve the Agenda, as presented. APPROVED: Motion to approve the 2023-2024 Certificated Contracts for Jordana Long English Teacher at KHS as submitted. APPROVED: Motion to approve the FY24 Budget in the amount of $49,528,468.71 as presented. Public Hearing opened at 6:38 p.m. Public Hearing closed at 6:39 p.m. APPROVED: Motion to amend the Agenda to include Board Comments. APPROVED: Motion to adjourn. Subsequent to approval, Board of Education meeting minutes are posted on the District’s website at www.kibsd.org. AGENDA ITEM #18.A. Kodiak Island Borough School District Board Meeting Summaries of June 19...Page 244 of 243 Page 1 of 20 Kodiak Island Borough Assembly Regular Meeting Guidelines Assembly Chambers Thursday, July 20, 2023, 6:30 p.m. 1. INVOCATION MAJOR DAVE DAVIS OF THE SALVATION ARMY 2. PLEDGE OF ALLEGIANCE MAYOR ARNDT WILL LEAD THE PLEDGE OF ALLEGIANCE 3. STATEMENT OF LAND ACKNOWLEDGEMENT MAYOR ARNDT We are gathered on the traditional homeland of the Sugpiaq/Alutiiq people, and we 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. 5. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed marked with an asterisk (*) are considered to be routine and non- controversial items by the Assembly and will be approved by one motion. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION 6. *APPROVAL OF MINUTES A. Regular Meeting Minutes of June 15, 2023 7. CITIZENS' COMMENTS Agenda items not scheduled for public hearing and general comments. 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 Page 2 of 20 8. AWARDS AND PRESENTATIONS 9. COMMITTEE REPORTS 10. PUBLIC HEARING 11. BOROUGH MANAGER’S REPORT 12. MESSAGES FROM THE BOROUGH MAYOR 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS A. Good Cause Determination For Late File Senior Citizen Or Disabled Veteran Exemption Applications Clerk’s Note: See guidelines printed on yellow paper. 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS 1. Contract No. FY2019-10U, Change Order No. 21, Authorization For Architectural And Engineering Services Term Contract for Design For The North Star Elementary School Roof and Skylight Replacement Project Recommended motion: Move to authorize the Borough Manager to approve Contract No. FY2019-10U, Change Order No. 21, authorization for architectural and engineering services term contract for Design of the North Star Elementary School Roof and Skylight Replacement Project in an amount not to exceed $87,052. Staff Report – Dave Conrad, Engineering & Facilities Director Assembly discussion. ROLL CALL VOTE ON THE MOTION 2. Contract No. FY2019-10V, Change Order No. 22, Authorization For Architectural And Engineering Services Term Contract For Design Of The East Elementary School Roof Replacement Project Recommended motion: Move to authorize the Borough Manager to approve Contract No. FY2019-10V, Change Order No. 22, for Architectural and Engineering Services Term Contract for design of the East Elementary School Roof Replacement Project in an amount not to exceed $119,344. Page 3 of 20 Staff Report – Dave Conrad, Engineering & Facilities Director Assembly discussion. ROLL CALL VOTE ON THE MOTION 3. Contract No. FY2022-30E, Change Order No. 5, Authorization For The Landfill Stage 3 Closure Project With Brechan Construction LLC Recommended motion: Move to authorize the Borough Manager to approve Contract No. FY2022-30E, Change Order No. 5, for additional blasting and processing of shot rock for the Landfill Stage 3 Closure Project with Brechan Construction LLC in an amount not to exceed $235,000. Staff Report – Dave Conrad, Engineering & Facilities Director Assembly discussion. ROLL CALL VOTE ON THE MOTION 4. Contract No. FY2024-02 Provision Of Destination Marketing And Tourism Development Services With Discover Kodiak Recommended motion: Move to authorize the Borough Manager to approve Contract No. FY2024-02, Provision of Destination Marketing and Tourism Development Services with Discover Kodiak in the amount of $75,000. Staff Report – Aimee Williams, Borough Manager Assembly discussion. ROLL CALL VOTE ON THE MOTION 5. Contract No. FY2024-03 A Memorandum Of Agreement Between The State Of Alaska Department Of Transportation And Public Facilities And The Kodiak Island Borough For A Sargent Creek And Russian Creek Bridges Planning And Environmental Linkages (PEL) Study Recommended motion: Move to authorize the Borough Manager to approve Contract No. FY2024-03, A Memorandum of Agreement between the State of Alaska Department of Transportation and Public Facilities and the Kodiak Island Borough for a Sargent Creek and Russian Creek Bridges Planning and Environmental Linkages (PEL) Study. Page 4 of 20 Staff Report – Aimee Williams, Borough Manager Assembly discussion. ROLL CALL VOTE ON THE MOTION 6. Contract No. FY2024-05 Memorandum Of Agreement Between Kodiak Island Borough And The Kodiak Island Borough School District To Redirect Money From Main Elementary Roof Project To Tremco Walking Patch Project And North Star Roof And Skylight Replacement Project Recommended motion: Move to authorize Borough Manager to execute Contract No. FY2024-05 memorandum of agreement between the Kodiak Island Borough and the Kodiak Island Borough School District to redirect money from Main Elementary Roof Project to Tremco Walking Patch Project and North Star Roof and Skylight Replacement Project. Staff Report – Dave Conrad, Engineering & Facilities Director Assembly discussion. ROLL CALL VOTE ON THE MOTION 7. Contract No. FY2024-06 Agreement Between The Kodiak Island Borough and International Brotherhood of Electrical Workers Staff Report – Aimee Williams, Borough Manager Assembly discussion. EXECUTIVE SESSION: The Assembly is allowed to go into executive session to discuss matters involving negotiations with the IBEW under the authority of KIBC 2.30.030(F)(1)(d) for the purpose of confidential communications with, and providing direction to, the Borough's representative regarding negotiations with the IBEW. If the Assembly would like to go into executive session: Recommended motion: Move to convene into executive session to discuss matters involving negotiations with the IBEW under the authority of KIBC 2.30.030(F)(1)(d) for the purpose of confidential communications with, and providing direction to, the Borough's representative regarding negotiations with the IBEW. ROLL CALL VOTE ON THE MOTION Page 5 of 20 Recommended motion: Move to invite the Mayor, Assembly, Borough Manager Aimee Williams, Engineering and Facilities Director Dave Conrad, Finance Director Dora Cross, and the Borough Clerk’s staff into executive session. VOICE VOTE ON MOTION After the vote, Mayor Arndt recesses the regular meeting and convenes the executive session. Upon returning from the executive session, Mayor Arndt reconvenes the regular meeting and announces • No action is to be taken as a result of the executive session. Direction may be given to the Manager to proceed with negotiations. -or- • The Assembly may make a motion if necessary. The Assembly must state the motion and vote outside of executive session. ROLL CALL VOTE ON ANY MOTION THAT MAY HAVE RESULTED FROM THE EXECUTIVE SESSION. 14.B. RESOLUTIONS 1. Resolution No. FY2024-03 Allocating Fiscal Year 2024 Kodiak Island Borough Nonprofit Funding Please disclose any actual or perceived conflicts of interest at this time. The mayor will issue a ruling as to whether the member(s) shall be excused from participation, which the Assembly may override by majority vote. The mayor may also rule that assembly members who declared a conflict of interest will be allowed to discuss and vote on funding the organizations that they are not associated with and abstain to participate and vote on those organizations directly related to their conflicts. Recommended motion: Move to adopt Resolution No. FY2024-03. Staff Report – Meagan Christiansen, Grant Writer/Special Projects Support Assembly discussion. Page 6 of 20 ROLL CALL VOTE ON THE MOTION 2. Resolution No. FY2024-04 Authorizing The Manager To Execute A Grant Agreement With The Department Of Commerce, Community, And Economic Development Legislative Grant For The Purpose of Repair And Replacement Of Playground Equipment At The Sargent Creek Park Recommended motion: Move to adopt Resolution No. FY2024-04. Staff Report – Dave Conrad, Engineering & Facilities Director Assembly discussion. ROLL CALL VOTE ON THE MOTION 14.C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2023-18 Amending Kodiak Island Borough Code Title 1 General Provisions Chapter 1.20 General Penalty Section 1.20.050 Fine Schedule Setting Out Penalties In The Minor Offense Fine Schedule; And Amending Title 8 Health And Safety Chapter 8.20 Littering Section 8.20.010 Unlawful Acts Regarding Littering And Improper Disposal Of Waste Recommended motion: Move to advance Ordinance No. FY2023-18 to public hearing at the next regular meeting of the Assembly. Staff Report – Seema Garoutte, Assessor/Interim CDD Director Assembly discussion. ROLL CALL VOTE ON THE MOTION 14.D. OTHER ITEMS 1. Declaring A Retail Business Representative Seat Vacant On The Solid Waste Advisory Board (Mr. Robert Williams) Recommended motion: Move to accept, with regret, the resignation of Mr. Robert Williams effective June 30, 2023, and direct the Borough Clerk to advertise the vacancy per Borough code. Assembly discussion. ROLL CALL VOTE ON THE MOTION Page 7 of 20 2. Declaring A Seat Vacant On The Parks And Recreation Committee (Mr. Benjamin Vincent) Recommended motion: Move to accept, with regret, the resignation of Mr. Benjamin Vincent effective June 26, 2023, and direct the Borough Clerk to advertise the vacancy per Borough code. Assembly discussion. ROLL CALL VOTE ON THE MOTION 3. Approval Of A Letter Of Support For The Cook Inlet Regional Citizens Advisory Council (CIRCAC) Recertification Application Recommended motion: Move to approve a letter of support for the Cook Inlet Regional Citizens Advisory Council recertification application. Staff Report – Scott Arndt, Borough Mayor Assembly discussion. ROLL CALL VOTE ON THE MOTION 5. CITIZENS' COMMENTS Agenda items not scheduled for public hearing and general comments. 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 MEMBERS’ COMMENTS The next Assembly work session is scheduled on Thursday, July 27, 2023, at 6:30 p.m. in the Borough Assembly Chambers. The next regular meeting is scheduled on Thursday, August 3, 2023, at 6:30 p.m. in the Borough Assembly Chambers. 17. ADJOURNMENT Recommended motion: Move to adjourn the meeting. VOICE VOTE ON MOTION Page 8 of 20 KIBC 2.30.030 A…. Meetings shall adjourn at 10:30 p.m. unless the time is extended by a majority of the votes to which the assembly is entitled. No meeting shall be extended beyond 11 p.m., unless extended by a two-thirds vote of the assembly, except the meeting shall be extended to set the time and place for resumption of the meeting. Page 9 of 20 Mayor Arndt to announce: I would like to recess the regular meeting and convene a quasi-adjudicatory hearing for Good Cause Determinations for Senior Citizens and Disabled Veterans Exemptions. We will be hearing six cases starting with: 1. Good Cause Determination For Senior Citizen Exemption from Mr. Michael Dolph. THE ORDER OF PRESENTATION WILL BE AS FOLLOWS: 1. Applicant – 3 minutes – ask the Clerk to administer oath. 2. Assessor – 3 minutes 3. Applicant rebuttal – 2 minutes 4. Assessor address rebuttal – 2 minutes Mayor’s inquiry regarding disclosure of ex-parte contact and bias. Ask for a response from each assembly member. • Have any members had ex-parte contact regarding this case? If so, will you be relying on any information received in that contact or information outside of the evidence presented tonight in deciding this case? • Can you set aside personal biases and apply the standards in the Borough code to the facts of this case being heard tonight? MOTION 1: Move that the Assembly finds that Mr. Michael Dolph has presented good cause under KIBC 3.35.030 (D) for his failure to timely file an application for Senior Citizen exemption, and that the Assessor is directed to accept the application as timely filed for the property located at 326 Plover Way, Kodiak, AK 99615. Clerks Note: A yes vote will approve the application. OR MOTION 2: Move that the Assembly finds that Mr. Michael Dolph has failed to present good cause under KIBC 3.35.030 (D) for his failure to timely file an application for Senior Citizen exemption, and that the Assessor is directed to reject the application as not timely filed for the property located at 326 Plover Way, Kodiak, AK 99615. Clerks Note: A yes vote will deny the application. Assembly discussion. Assembly members may ask questions, through the chairperson, of either the Applicant or the Assessor at any time during the hearing. The chairperson may end the questioning and call for a motion from the other members. ROLL CALL VOTE ON THE MOTION. Page 10 of 20 CLERK’S NOTES: • If the initial motion fails, the alternate motion should be made. The goal is for the assembly to decide whether good cause is shown or not. • If there is an impasse/deadlock, the item should be postponed. • Once a motion passes, the assembly needs to set out specific findings of fact IN SUPPORT of the motion. The Assembly may also postpone the adoption of findings of fact. If the assembly wishes to adopt findings of fact, please state: We have found that the Applicant (has/has not) shown good cause: • State proof or facts provided at the hearing, either those made by the Applicant or made by the assessor. Please be specific addressing the assertions brought forth by the Applicant or the assessor. • Your findings should substantiate your decision. Treat every case as though it will be appealed to the courts. Examples: • The applicant failed to timely file before the application deadline of January 17, 2023. • The applicant failed to show good cause for not filing before the deadline. CHAIRPERSON: SUMMARIZE THE FINDINGS/CONCLUSIONS OF LAW. ASK: IS EVERYONE IN CONCURRENCE WITH FINDINGS/CONCLUSIONS OF LAW? Those in favor say aye, opposed say no. The chair will end the appeal hearing by stating the following: “According to Appellate Rule 602, the Applicant or the Assessor has the right of appeal to the Superior Court of the State of Alaska from our final decision. Should you wish to exercise your right of appeal, you must do so by notifying the Borough attorney and initiating the process within 30 days from the date of our written decision. Failure to do so will forever bar you from any appeal of this decision.” Page 11 of 20 2. Good Cause Determination For Senior Citizen Exemption from Ms. Rebecca Dawn. THE ORDER OF PRESENTATION WILL BE AS FOLLOWS: 1. Applicant – 3 minutes – ask the Clerk to administer oath. 2. Assessor – 3 minutes 3. Applicant rebuttal – 2 minutes 4. Assessor address rebuttal – 2 minutes Mayor’s inquiry regarding disclosure of ex-parte contact and bias. Ask for a response from each assembly member. • Have any members had ex-parte contact regarding this case? If so, will you be relying on any information received in that contact or information outside of the evidence presented tonight in deciding this case? • Can you set aside personal biases and apply the standards in the Borough code to the facts of this case being heard tonight? MOTION 1: Move that the Assembly finds that Ms. Rebecca Dawn has presented good cause under KIBC 3.35.030 (D) for her failure to timely file an application for Senior Citizen exemption, and that the Assessor is directed to accept the application as timely filed for the property located at NHN Spruce Island, Ouzinkie, AK 99644. Clerks Note: A yes vote will approve the application. OR MOTION 2: Move that the Assembly finds that Ms. Rebecca Dawn has failed to present good cause under KIBC 3.35.030 (D) for her failure to timely file an application for Senior Citizen exemption, and that the Assessor is directed to reject the application as not timely filed for the property located at NHN Spruce Island, Ouzinkie, AK 99644. Clerks Note: A yes vote will deny the application. Assembly discussion. Your discussion here may include proofs or facts that will be used to substantiate the findings of fact for this case. Assembly members may ask questions, through the chairperson, of either the Applicant or the Assessor at any time during the hearing. The chairperson may end the questioning and call for a motion from the other members. ROLL CALL VOTE ON THE MOTION. Page 12 of 20 CLERK’S NOTES: • If the initial motion fails, the alternate motion should be made. The goal is for the assembly to decide whether good cause is shown or not. • If there is an impasse/deadlock, the item should be postponed. • Once a motion passes, the assembly needs to set out specific findings of fact IN SUPPORT of the motion. The Assembly may also postpone the adoption of findings of fact. If the assembly wishes to adopt findings of fact, please state: We have found that the Applicant (has/has not) shown good cause: • State proof or facts provided at the hearing, either those made by the Applicant or made by the assessor. Please be specific addressing the assertions brought forth by the Applicant or the assessor. Your findings should substantiate your decision. Treat every case as though it will be appealed to the courts. Examples: • The applicant failed to timely file before the application deadline of January 17, 2023. • The applicant failed to show good cause for not filing before the deadline. CHAIRPERSON: SUMMARIZE THE FINDINGS/CONCLUSIONS OF LAW. ASK: IS EVERYONE IN CONCURRENCE WITH FINDINGS/CONCLUSIONS OF LAW? Those in favor say aye, opposed say no. The chair will end the appeal hearing by stating the following: “According to Appellate Rule 602, the Applicant or the Assessor has the right of appeal to the Superior Court of the State of Alaska from our final decision. Should you wish to exercise your right of appeal, you must do so by notifying the Borough attorney and initiating the process within 30 days from the date of our written decision. Failure to do so will forever bar you from any appeal of this decision.” Page 13 of 20 3. Good Cause Determination For Senior Citizen Exemption from Ms. Bernadette Deplazes. THE ORDER OF PRESENTATION WILL BE AS FOLLOWS: 1. Applicant – 3 minutes – ask the Clerk to administer oath. 2. Assessor – 3 minutes 3. Applicant rebuttal – 2 minutes 4. Assessor address rebuttal – 2 minutes Mayor’s inquiry regarding disclosure of ex-parte contact and bias. Ask for a response from each assembly member. • Have any members had ex-parte contact regarding this case? If so, will you be relying on any information received in that contact or information outside of the evidence presented tonight in deciding this case? • Can you set aside personal biases and apply the standards in the Borough code to the facts of this case being heard tonight? MOTION 1: Move that the Assembly finds that Ms. Bernadette Deplazes has presented good cause under KIBC 3.35.030 (D) for her failure to timely file an application for Senior Citizen exemption, and that the Assessor is directed to accept the application as timely filed for the property located at 522 Leta Street, Kodiak, AK 99615. Clerks Note: A yes vote will approve the application. OR MOTION 2: Move that the Assembly finds that Ms. Bernadette Deplazes has failed to present good cause under KIBC 3.35.030 (D) for her failure to timely file an application for Senior Citizen exemption, and that the Assessor is directed to reject the application as not timely filed for the property located at 522 Leta Street, Kodiak, AK 99615. Clerks Note: A yes vote will deny the application. Assembly discussion. Your discussion here may include proofs or facts that will be used to substantiate the findings of fact for this case. . Assembly members may ask questions, through the chairperson, of either the Applicant or the Assessor at any time during the hearing. The chairperson may end the questioning and call for a motion from the other members. ROLL CALL VOTE ON THE MOTION. Page 14 of 20 CLERK’S NOTES: • If the initial motion fails, the alternate motion should be made. The goal is for the assembly to decide whether good cause is shown or not. • If there is an impasse/deadlock, the item should be postponed. • Once a motion passes, the assembly needs to set out specific findings of fact IN SUPPORT of the motion. The Assembly may also postpone the adoption of findings of fact. If the assembly wishes to adopt findings of fact, please state: We have found that the Applicant (has/has not) shown good cause: • State proof or facts provided at the hearing, either those made by the Applicant or made by the assessor. Please be specific addressing the assertions brought forth by the Applicant or the assessor. • Your findings should substantiate your decision. Treat every case as though it will be appealed to the courts.. Examples: • The applicant failed to timely file before the application deadline of January 17, 2023. • The applicant failed to show good cause for not filing before the deadline. CHAIRPERSON: SUMMARIZE THE FINDINGS/CONCLUSIONS OF LAW. ASK: IS EVERYONE IN CONCURRENCE WITH FINDINGS/CONCLUSIONS OF LAW? Those in favor say aye, opposed say no. The chair will end the appeal hearing by stating the following: “According to Appellate Rule 602, the Applicant or the Assessor has the right of appeal to the Superior Court of the State of Alaska from our final decision. Should you wish to exercise your right of appeal, you must do so by notifying the Borough attorney and initiating the process within 30 days from the date of our written decision. Failure to do so will forever bar you from any appeal of this decision.” Page 15 of 20 4. Good Cause Determination For Senior Citizen Exemption from Mr. Walter Sargent. THE ORDER OF PRESENTATION WILL BE AS FOLLOWS: 1. Applicant – 3 minutes – ask the Clerk to administer oath. 2. Assessor – 3 minutes 3. Applicant rebuttal – 2 minutes 4. Assessor address rebuttal – 2 minutes Mayor’s inquiry regarding disclosure of ex-parte contact and bias. Ask for a response from each assembly member. • Have any members had ex-parte contact regarding this case? If so, will you be relying on any information received in that contact or information outside of the evidence presented tonight in deciding this case? • Can you set aside personal biases and apply the standards in the Borough code to the facts of this case being heard tonight? MOTION 1: Move that the Assembly finds that Mr. Walter Sargent has presented good cause under KIBC 3.35.030 (D) for his failure to timely file an application for Senior Citizen or exemption, and that the Assessor is directed to accept the application as timely filed for the property located at 1830 Mission Road, Kodiak, AK 99615. Clerks Note: A yes vote will approve the application. OR MOTION 2: Move that the Assembly finds that Mr. Walter Sargent has failed to present good cause under KIBC 3.35.030 (D) for his failure to timely file an application for Senior Citizen exemption, and that the Assessor is directed to reject the application as not timely filed for the property located at 1830 Mission Road, Kodiak, AK 99615. Clerks Note: A yes vote will deny the application. Assembly discussion. Your discussion here may include proofs or facts that will be used to substantiate the findings of fact for this case. Assembly members may ask questions, through the chairperson, of either the Applicant or the Assessor at any time during the hearing. The chairperson may end the questioning and call for a motion from the other members. ROLL CALL VOTE ON THE MOTION. Page 16 of 20 CLERK’S NOTES: • If the initial motion fails, the alternate motion should be made. The goal is for the assembly to decide whether good cause is shown or not. • If there is an impasse/deadlock, the item should be postponed. • Once a motion passes, the assembly needs to set out specific findings of fact IN SUPPORT of the motion. The Assembly may also postpone the adoption of findings of fact. If the assembly wishes to adopt findings of fact, please state: We have found that the Applicant (has/has not) shown good cause: • State proof or facts provided at the hearing, either those made by the Applicant or made by the assessor. Please be specific addressing the assertions brought forth by the Applicant or the assessor. • Your findings should substantiate your decision. Treat every case as though it will be appealed to the courts. Examples: • The applicant failed to timely file before the application deadline of January 17, 2023. • The applicant failed to show good cause for not filing before the deadline. CHAIRPERSON: SUMMARIZE THE FINDINGS/CONCLUSIONS OF LAW. ASK: IS EVERYONE IN CONCURRENCE WITH FINDINGS/CONCLUSIONS OF LAW? Those in favor say aye, opposed say no. The chair will end the appeal hearing by stating the following: “According to Appellate Rule 602, the Applicant or the Assessor has the right of appeal to the Superior Court of the State of Alaska from our final decision. Should you wish to exercise your right of appeal, you must do so by notifying the Borough attorney and initiating the process within 30 days from the date of our written decision. Failure to do so will forever bar you from any appeal of this decision.” Page 17 of 20 5. Good Cause Determination For Disabled Veteran Exemption from Mr. Robert Bushell. THE ORDER OF PRESENTATION WILL BE AS FOLLOWS: 1. Applicant – 3 minutes – ask the Clerk to administer oath. 2. Assessor – 3 minutes 3. Applicant rebuttal – 2 minutes 4. Assessor address rebuttal – 2 minutes Mayor’s inquiry regarding disclosure of ex-parte contact and bias. Ask for a response from each assembly member. • Have any members had ex-parte contact regarding this case? If so, will you be relying on any information received in that contact or information outside of the evidence presented tonight in deciding this case? • Can you set aside personal biases and apply the standards in the Borough code to the facts of this case being heard tonight? MOTION 1: Move that the Assembly finds that Mr. Robert Bushell has presented good cause under KIBC 3.35.030 (D) for his failure to timely file an application for Disabled Veteran exemption, and that the Assessor is directed to accept the application as timely filed for the property located at 1626 Sawmill Circle, Kodiak, AK 99615. Clerks Note: A yes vote will approve the application. OR MOTION 2: Move that the Assembly finds that Mr. Robert Bushell has failed to present good cause under KIBC 3.35.030 (D) for his failure to timely file an application for Disabled Veteran exemption, and that the Assessor is directed to reject the application as not timely filed for the property located at 1626 Sawmill Circle, Kodiak, AK 99615. Clerks Note: A yes vote will deny the application. Assembly discussion. Your discussion here may include proofs or facts that will be used to substantiate the findings of fact for this case. Assembly members may ask questions, through the chairperson, of either the Applicant or the Assessor at any time during the hearing. The chairperson may end the questioning and call for a motion from the other members. ROLL CALL VOTE ON THE MOTION. Page 18 of 20 CLERK’S NOTES: • If the initial motion fails, the alternate motion should be made. The goal is for the assembly to decide whether good cause is shown or not. • If there is an impasse/deadlock, the item should be postponed. • Once a motion passes, the assembly needs to set out specific findings of fact IN SUPPORT of the motion. The Assembly may also postpone the adoption of findings of fact. If the assembly wishes to adopt findings of fact, please state: We have found that the Applicant (has/has not) shown good cause: • State proof or facts provided at the hearing, either those made by the Applicant or made by the assessor. Please be specific addressing the assertions brought forth by the Applicant or the assessor. • Your findings should substantiate your decision. Treat every case as though it will be appealed to the courts. Examples: • The applicant failed to timely file before the application deadline of January 17, 2023. • The applicant failed to show good cause for not filing before the deadline. CHAIRPERSON: SUMMARIZE THE FINDINGS/CONCLUSIONS OF LAW. ASK: IS EVERYONE IN CONCURRENCE WITH FINDINGS/CONCLUSIONS OF LAW? Those in favor say aye, opposed say no. The chair will end the appeal hearing by stating the following: “According to Appellate Rule 602, the Applicant or the Assessor has the right of appeal to the Superior Court of the State of Alaska from our final decision. Should you wish to exercise your right of appeal, you must do so by notifying the Borough attorney and initiating the process within 30 days from the date of our written decision. Failure to do so will forever bar you from any appeal of this decision.” Page 19 of 20 6. Good Cause Determination For Disabled Veteran Exemption from Mr. Robert Coyle. THE ORDER OF PRESENTATION WILL BE AS FOLLOWS: 1. Applicant – 3 minutes – ask the Clerk to administer oath. 2. Assessor – 3 minutes 3. Applicant rebuttal – 2 minutes 4. Assessor address rebuttal – 2 minutes Mayor’s inquiry regarding disclosure of ex-parte contact and bias. Ask for a response from each assembly member. • Have any members had ex-parte contact regarding this case? If so, will you be relying on any information received in that contact or information outside of the evidence presented tonight in deciding this case? • Can you set aside personal biases and apply the standards in the Borough code to the facts of this case being heard tonight? MOTION 1: Move that the Assembly finds that Mr. Robert Coyle has presented good cause under KIBC 3.35.030 (D) for his failure to timely file an application for Disabled Veteran exemption, and that the Assessor is directed to accept the application as timely filed for the property located at 12758 S Russian Creek Road, Kodiak, AK 99615. Clerks Note: A yes vote will approve the application. OR MOTION 2: Move that the Assembly finds that Mr. Robert Coyle has failed to present good cause under KIBC 3.35.030 (D) for (his/her) failure to timely file an application for Disabled Veteran exemption, and that the Assessor is directed to reject the application as not timely filed for the property located at 12758 S Russian Creek Road, Kodiak, AK 99615. Clerks Note: A yes vote will deny the application. Assembly discussion. Your discussion here may include proofs or facts that will be used to substantiate the findings of fact for this case. Assembly members may ask questions, through the chairperson, of either the Applicant or the Assessor at any time during the hearing. The chairperson may end the questioning and call for a motion from the other members. ROLL CALL VOTE ON THE MOTION. Page 20 of 20 CLERK’S NOTES: • If the initial motion fails, the alternate motion should be made. The goal is for the assembly to decide whether good cause is shown or not. • If there is an impasse/deadlock, the item should be postponed. • Once a motion passes, the assembly needs to set out specific findings of fact IN SUPPORT of the motion. The Assembly may also postpone the adoption of findings of fact. If the assembly wishes to adopt findings of fact, please state: We have found that the Applicant (has/has not) shown good cause: • State proof or facts provided at the hearing, either those made by the Applicant or made by the assessor. Please be specific addressing the assertions brought forth by the Applicant or the assessor. • Your findings should substantiate your decision. Treat every case as though it will be appealed to the courts. Examples: • The applicant failed to timely file before the application deadline of January 17, 2023. • The applicant failed to show good cause for not filing before the deadline. CHAIRPERSON: SUMMARIZE THE FINDINGS/CONCLUSIONS OF LAW. ASK: IS EVERYONE IN CONCURRENCE WITH FINDINGS/CONCLUSIONS OF LAW? Those in favor say aye, opposed say no. The chair will end the appeal hearing by stating the following: “According to Appellate Rule 602, the Applicant or the Assessor has the right of appeal to the Superior Court of the State of Alaska from our final decision. Should you wish to exercise your right of appeal, you must do so by notifying the Borough attorney and initiating the process within 30 days from the date of our written decision. Failure to do so will forever bar you from any appeal of this decision.” Mayor Arndt to announce: I am now adjourning the quasi-adjudicatory hearing and will reconvene the regular meeting. 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. FY2024, No. 01 July 21, 2023 At Its Regular Meeting Of July 20, 2023, The Kodiak Island Borough Assembly Took The Following Actions. The Meeting Is Scheduled To Be Continued On July 22, 2023, At 10 A.M. In The Borough Assembly Chambers. The Assembly FOUND That Mr. Michael Dolph Failed To Present Good Cause Under KIBC 3.35.030 (D) For His Failure To Timely File An Application For Senior Citizen Exemption, And DIRECTED The Assessor To Reject The Application As Not Timely Filed For The Property Located At 326 Plover Way, Kodiak, AK 99615 The Assembly FOUND That Ms. Rebecca Dawn Has Presented Good Cause Under KIBC 3.35.030 (D) For Her Failure To Timely File An Application For Senior Citizen Exemption, And DIRECTED The Assessor To Accept The Application As Timely Filed For The Property Located At NHN Spruce Island, Ouzinkie, AK 99644 The Assembly FOUND That Ms. Bernadette Deplazes Failed To Present Good Cause Under KIBC 3.35.030 (D) For Her Failure To Timely File An Application For Senior Citizen Exemption, And DIRECTED The Assessor To Reject The Application As Not Timely Filed For The Property Located At 522 Leta Street, Kodiak, AK 99615 The Assembly FOUND That Mr. Walter Sargent Has Presented Good Cause Under KIBC 3.35.030 (D) For His Failure To Timely File An Application For Senior Citizen Or Exemption, And DIRECTED The Assessor To Accept The Application As Timely Filed For The Property Located At 1830 Mission Road, Kodiak, AK 99615 The Assembly FOUND That Mr. Robert Bushell Has Presented Good Cause Under KIBC 3.35.030 (D) For His Failure To Timely File An Application For Disabled Veteran Exemption, And DIRECTED The Assessor To Accept The Application As Timely Filed For The Property Located At 1626 Sawmill Circle, Kodiak, AK 99615 The Assembly FOUND That Mr. Robert Coyle Has Failed To Present Good Cause Under KIBC 3.35.030 (D) For (His/Her) Failure To Timely File An Application For Disabled Veteran Exemption, And DIRECTED The Assessor To Reject The Application As Not Timely Filed For The Property Located At 12758 S Russian Creek Road, Kodiak, AK 99615 AUTHORIZED The Borough Manager To Execute Contract No. FY2019-10U, Change Order No. 21, Authorization For Architectural And Engineering Services Term Contract For Design For The North Star Elementary School Roof And Skylight Replacement Project In An Amount Not To Exceed $99,423 AUTHORIZED The Borough Manager To Execute Contract No. FY2019-10V, Change Order No. 22, Authorization For Architectural And Engineering Services Term Contract For Design Of The East Elementary School Roof Replacement Project In An Amount Not To Exceed $130,168 View our website: www.kodiakak.us Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough AUTHORIZED The Borough Manager To Execute Contract No. FY2022-30E, Change Order No. 5, For Additional Blasting And Processing Of Shot Rock For The Landfill Stage 3 Closure Project With Brechan Construction LLC In An Amount Not To Exceed $235,000 AUTHORIZED The Borough Manager To Execute Contract No. FY2024-02 Provision Of Destination Marketing And Tourism Development Services With Discover Kodiak In The Amount Of $75,000 AUTHORIZED The Borough Manager To Approve Contract No. FY2024-03, A Memorandum Of Agreement Between The State Of Alaska Department Of Transportation And Public Facilities And The Kodiak Island Borough For A Sargent Creek And Russian Creek Bridges Planning And Environmental Linkages (PEL) Study AUTHORIZED The Borough Manager To Execute Contract No. FY2024-05 Memorandum Of Agreement Between Kodiak Island Borough And The Kodiak Island Borough School District To Redirect Money From Main Elementary Roof Project To Tremco Walking Patch Project And North Star Roof And Skylight Replacement Project RECESSED The Thursday, July 20, 2023, Regular Meeting To 10 A.M. On Saturday, July 22, 2023 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. FY2024, No. 01 July 21, 2023 At Its Regular Meeting Of July 20, 2023, The Kodiak Island Borough Assembly Took The Following Actions. The Meeting Is Scheduled To Be Continued On July 22, 2023, At 10 A.M. In The Borough Assembly Chambers. The Assembly FOUND That Mr. Michael Dolph Failed To Present Good Cause Under KIBC 3.35.030 (D) For His Failure To Timely File An Application For Senior Citizen Exemption, And DIRECTED The Assessor To Reject The Application As Not Timely Filed For The Property Located At 326 Plover Way, Kodiak, AK 99615 The Assembly FOUND That Ms. Rebecca Dawn Has Presented Good Cause Under KIBC 3.35.030 (D) For Her Failure To Timely File An Application For Senior Citizen Exemption, And DIRECTED The Assessor To Accept The Application As Timely Filed For The Property Located At NHN Spruce Island, Ouzinkie, AK 99644 The Assembly FOUND That Ms. Bernadette Deplazes Failed To Present Good Cause Under KIBC 3.35.030 (D) For Her Failure To Timely File An Application For Senior Citizen Exemption, And DIRECTED The Assessor To Reject The Application As Not Timely Filed For The Property Located At 522 Leta Street, Kodiak, AK 99615 The Assembly FOUND That Mr. Walter Sargent Has Presented Good Cause Under KIBC 3.35.030 (D) For His Failure To Timely File An Application For Senior Citizen Or Exemption, And DIRECTED The Assessor To Accept The Application As Timely Filed For The Property Located At 1830 Mission Road, Kodiak, AK 99615 The Assembly FOUND That Mr. Robert Bushell Has Presented Good Cause Under KIBC 3.35.030 (D) For His Failure To Timely File An Application For Disabled Veteran Exemption, And DIRECTED The Assessor To Accept The Application As Timely Filed For The Property Located At 1626 Sawmill Circle, Kodiak, AK 99615 The Assembly FOUND That Mr. Robert Coyle Has Failed To Present Good Cause Under KIBC 3.35.030 (D) For (His/Her) Failure To Timely File An Application For Disabled Veteran Exemption, And DIRECTED The Assessor To Reject The Application As Not Timely Filed For The Property Located At 12758 S Russian Creek Road, Kodiak, AK 99615 AUTHORIZED The Borough Manager To Execute Contract No. FY2019-10U, Change Order No. 21, Authorization For Architectural And Engineering Services Term Contract For Design For The North Star Elementary School Roof And Skylight Replacement Project In An Amount Not To Exceed $99,423 AUTHORIZED The Borough Manager To Execute Contract No. FY2019-10V, Change Order No. 22, Authorization For Architectural And Engineering Services Term Contract For Design Of The East Elementary School Roof Replacement Project In An Amount Not To Exceed $130,168 View our website: www.kodiakak.us Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough AUTHORIZED The Borough Manager To Execute Contract No. FY2022-30E, Change Order No. 5, For Additional Blasting And Processing Of Shot Rock For The Landfill Stage 3 Closure Project With Brechan Construction LLC In An Amount Not To Exceed $235,000 AUTHORIZED The Borough Manager To Execute Contract No. FY2024-02 Provision Of Destination Marketing And Tourism Development Services With Discover Kodiak In The Amount Of $75,000 AUTHORIZED The Borough Manager To Approve Contract No. FY2024-03, A Memorandum Of Agreement Between The State Of Alaska Department Of Transportation And Public Facilities And The Kodiak Island Borough For A Sargent Creek And Russian Creek Bridges Planning And Environmental Linkages (PEL) Study AUTHORIZED The Borough Manager To Execute Contract No. FY2024-05 Memorandum Of Agreement Between Kodiak Island Borough And The Kodiak Island Borough School District To Redirect Money From Main Elementary Roof Project To Tremco Walking Patch Project And North Star Roof And Skylight Replacement Project RECESSED The Thursday, July 20, 2023, Regular Meeting To 10 A.M. On Saturday, July 22, 2023 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. FY2024, No. 01 July 23, 2023 At the Assembly Meeting of July 22, 2023, A Continuation Of The July 20, 2023, Regular Meeting The Kodiak Island Borough Assembly, The Assembly Took The Following Actions. The Next Regular Meeting Of The Borough Assembly Is Scheduled On August 3, 2023, At 6:30 P.M. In The Borough Assembly Chambers. AMENDED, ADOPTED Resolution No. FY2024-03 Allocating Fiscal Year 2024 Kodiak Island Borough Nonprofit Funding ADOPTED Resolution No. FY2024-04 Authorizing The Manager To Execute A Grant Agreement With The Department Of Commerce, Community, And Economic Development Legislative Grant For The Purpose Of Repair And Replacement Of Playground Equipment At The Sargent Creek Park ADVANCED Ordinance No. FY2023-18 Amending Kodiak Island Borough Code Title 1 General Provisions Chapter 1.20 General Penalty Section 1.20.050 Fine Schedule Setting Out Penalties In The Minor Offense Fine Schedule; And Amending Title 8 Health And Safety Chapter 8.20 Littering Section 8.20.010 Unlawful Acts Regarding Littering And Improper Disposal Of Waste To Public Hearing At The Next Assembly Regular Meeting DECLARED The Seat Held By Mr. Benjamin Vincent Vacant On The Parks And Recreation Committee And Directed The Borough Clerk To Advertise The Vacancy Per Borough Code DECLARED The Retail Business Representative Seat Held By Mr. Robert Williams Vacant On The Solid Waste Advisory Board And Directed The Borough Clerk To Advertise The Vacancy Per Borough Code APPROVED A Letter Of Support For The Cook Inlet Regional Citizens Advisory Council (CIRCAC) Recertification Application