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2015-12-10 Work Session Kodiak Island Borough Assembly Work Session Thursday, December 10, 2015, 7:30 p.m. Borough Conference Room Work Sessions are informal meetings of the Assembly where Assembly members review the upcoming regular meeting agenda packet and seek or receive information from staff.Although additional Items not listed on the work session agenda are discussed when Introduced by the Mayor,Assembly,or staff,no formal action Is taken at work sessions and items that require formal Assembly action are placed on regular Assembly meeting agenda.Citizen's comments at worts sessions are NOT considered part of the official record.Citizen's comments intended for the'official record'should be made at a regular Assembly meeting. Page 1„ CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 2, AGENDA ITEMS 4 ® 17 a. Review Timber Assessment Proposals 2015-12-07 Proposals Twin Creeks Fire Darriggg Assessment 18 - 32 b. FY2016 Lobbying Efforts - DC and Juneau Travel 2015-12-01 Gilman DC Lpbb in 2015-11-29 Cassidy Juneau Lobbying Memo -11- 7 Juneau Lobbvinq Travel Budgets and EstimatedTravel Costs DC and 1 -12-10 Juneau DC Calendar Td2 33 C. Clarification and Discussion of Future Assembly Discussion Items 2015-11-30 FutureDiscussion € 34 -41 id. Review Facilities Contract Addenda and Extension 1 �1 i it r I f l it ti f r r s Is 2015-12-07 Facilities Addendum 4 2015-12-8 i ciliti t Addenda Email ®12-02 Smith DOL Memo to Tucker 3, PACKET REVIEW PUBLIC HEARING Ordinance No. FY2016-07 Amending Chapters 17.25 KIBC (Definitions), 17.165 KIBC (Recreational Vehicle Parks), and Related Chapters of Title 17, Zoning to Revise and Update the Standards for Recreational Vehicle Parks in the Borough and to Specifically List Recreational Vehicle Parks as a Conditional or Permitted Land Use. Ordinance No. FY2016-09 Amending a Section of Title 3 Revenue and vvttour Wes a �ua��d;�facIook @KodiakBorough voiik ov Page 1 of 41 Finance Chapter 3.40 Personal Property Tax. NEW BUSINESS ORDINANCES FOR INTRODUCTION Ordinance No. FY2016-10 Amending the 2008 Comprehensive Plan by Changing the Future Land Use Designation of Lot 1, Sawmill Subdivision From Open Space/Recreation to Industrial/Light Industrial (P&Z Case No. 16-003). Ordinance No. FY2016-11 Amending Title 2 Administration and Finance, Chapter 2.30 Rules of the Assembly, Section 2.30.030 Types of Meetings to Change the Commencement and Adjournment Times for Assembly Meetings and Work Sessions. OTHER ITEMS Mayoral Appointment to the Planning and Zoning Commission City Seat of Mr. Barry Altenhof(Pending City Recommendation on Wednesday, December 9, 2015). Assembly Direction Regarding Future Formatting of Repealed Sections and Subsections in the Kodiak Island Borough Code. 4. MANAGER'S COMMENTS 5. CLERK'S COMMENTS 6. MAYOR'S COMMENTS 7. ASSEMBLY MEMBERS COMMENTS 8. FUTURE DISCUSSION ITEMS KIBSD Budget Budget Deadlines Budget meetings with the City/School 1st Budget Review(92115/15) District Managers Budget(04/30/16) Renewal and Replacement Projects KIBSD Budget(04/30/16) Funding introduce Budget(05/0512016) SD Mental Health Services Provided by Budget Public Hearing(05/1912016) the Counseling Center Assembly Approval(by 06/10/16) School District Rental Rates In-kind Documents Borough Budget Consolidation Non Profit Funding Budget Discussion Consolidation of Fire Departments Town Hall Meeting to Discuss Priorities Assembly Operations Contracts Upcoming Fisheries Analyst(021612016) Teleconferencing Ordinance Review Manager(06/30/2016) Changing Meeting Time Ordinance Hospital(04/2017) Role of Elected Officials During an Solid Waste(04/2017) V� 14 e at MAW f aceboo� �.��7r��) i��i�i�lll��ru��ll�� ir��uu��)I @KodiakBorough .(o aa7 sit our a website page 2 of 41 Incident Command System Boards, Committees, and Commission Structures/Efficacy Village Presentations at Regular Meetings Fisheries Borouch Administration Oversight KFAC Initiate Meeting Contracting and Procurement KFWG Structure and Purpose Proces&Procurement Process Review Fisheries Analyst Contract Presentation Review of the Salary Schedule and Overview of the Hiring Process KIB Vacant Positions Action Plans Traffic Along Mill Bay Road by Coon Baseball Field Contract with Waste Management/KUBS Presentation Hospital Lease Visit at �u illk �iir iag, lh 0 @KodiakBorough e site In, �. s� ;, lll° �alll . �uuil ! '� �iiiiulll IllurWi,l��nl�m��m� Page 3 of 41 AGENDA ITEM #2.a. Duane Dvorak SubjecL- Matrix of proposals for"Cruise Lite" Bud, All the entities can perform a full blown cruise and appraisal it needed. We should talk out whether we want to stick with the same consultant or go back out with a new proposal. 1. A full blown timber cruise will provide a quantity and condition evaluation which will be correlated with the current market price. Costs for harvesting,transporting,regulatory compliance,trans-shipment and re-seeding will be deducted from the value to provide a net revenue figure for the timber owner. Before we authorize a full cruise we should identify what areas area on the table as the smaller the cruise area the less cost of a cruise should be for the remaining timber. The 1997 timber cruise recognized that only about 657 acres would be haryeste ble after deductions for riparian buffers. Any other areas to be preserved would be a further deduction from that figure. This would also reduce potential revenue and potentially affect economies of scale however. Anything beyond the riparian buffers you would want to preserve would probably be your most valuable timber by its undamaged condition. Z 1 don't think that a cruise will provide a cutting plan. We would need to know what areas are on the table for harvest before we engage a harvester. It would be on the harvester to know where they would cut roads,place culverts and generally file for the regulatory compliance under the AFRPA based on what they've been contracted to harvest. Thanks, --Duane From: Bud Cassidy Sent: Monday,December 07,2015 11.05 AM To: Duane Dvorak Subject-RE: Matrix of proposals for"Cruise Ute" ThanksDuane Say,can all these entities perform a full blown timber cruise If needed. Tell me what exactly is in the cruise: 1. Will it give us values so we know that if we harvest we don't go into the hole?or is an appraisal needed for this information? 2. Will it provide a cutting plan leaving out the live trees and riparian buffers? I am meeting with the Fire Chief at 11.00 so will have to schedule later. Thanks Bud From: Duane Dvorak Sent- Monday,December 07,2015 9:45 AM To., Bud Cassidy Subject:Matrix of proposals for"Cruise Ute" Page 4 of 41 Review Timber Assessment Proposals AGENDA ITEM #2.a. Bud,here is my initial evaluation of the proposals for cruise lite. If you still want to discuss this at 11AM today let me know. Is there a deadline for getting this material before the assembly? Is so what Is the deadline? Thanks, --Duane Duafrie(Dvorak fftewurmaw.I[Wa massa meet 1C f ictpm Koffiak Island IfSon:Puligh Managees tl7hVlf'dre 710 NtiAWi Bay ddoarcd„Roarn 108 Kodiak AK.99611,5 ('.07)486.,9304 (!07)486-93-74(IFawl uN rd ncd;�p;.jp Ur,Ir.�Pm.�cd u a Ilr,„1�dr.ms^a .......... Page 5 of 41 Review Timber Assessment Proposals m c 1 m Cr Review of Proposals for Fire Damage'Crulse Ute"12-07-15 M Proposer Price Time of Products Meetings Education Years of General 7 perfornes vAth Experience Comments or ®0 embl Questions NorthWind 56,500.00 As stated Fire damage assessment and biological Two 121 in Oregon State 45 years In ® Forest In the evaluation after thorough visit and person Univ.-Forest Washington to Consultants, proposed analysis of all available imagery and local visits for Management and Alaska, UD LLC profession knowledge to provide the borough with Q&A including al services an accurate estimate of the actual sessions Kodiak Chehalis, agreemen percentage of Spruce trees with with the Washington t. (Dec. root/crown damage and trees that may KI 11,2015 have escaped damage from the initial Assembly. to Feb 11, fire. Well synthesize all observations into 20161 a report that may help guide the borough In any decisions It may make about how to manage this valuable natural resource. Custom $7, stated Using NOVI,which maps the amount of Not Stated Nat-Stated 35 years for 1116 r0lance Forest in the live vegetation based an fled and near principal in on visuals such Management Proposed Infrared spectral bands,analyze before Washington as satellite profession and after fire imagery.The comparative and Alaska imagery,maps Kodiak, al services analysis will be used to establish an NDVI and digital Alaska agreemen difference index dNVI,where dDVI 25 years for photographs. t. `Dec. values can be used for proxy values of company Photos may 11,2015 fire damage.This will allow damaged provide a visual to Feb 11, area to be stratified and field sampled record of 20161 for fire damage to create a fire damage observations classification system with four{41 that might damage classes(undamaged to severe). otherwise be The field sampling will include a summarized in representation of the site conditions at a report each sample point to create a visual with t such classification key. Data to be illustrations. ea summarized and reported as both a R c 1 r rrm percentage of damaged spruce trees and US us a percentage of damaged acres.The report will also Include a biological discussion. Forest&Land $24,30DA3 Between Perform a biological damage assessment Not Stated BS-Forest 43 years in Should be Management. 0 March 1 by physicallya ssing the affected Management, Washington perfoaTned Inc. and May ground on the entire property and using Univ..of and Alaska with no snow 15v',2016 either fixed or variable radius plots for Wash.1972 on the ground in Anchorage, recording, Identify For each tree on each BA- and at a time Alaska 4-acre plot.11 the extent of crown Psychology, with at least 10 damage as a direct result of the(Ire and; Whitworth hours of 21 the extent of fire damage at the base College 1967 daylight or over each met system. Each Plot located GPS. In the event there are Continuing areas with no apparent damage,a GPS Ed. traverse would be conducted around that area,in order to accurately map areas that escaped substantial fire ],damage. Note: i believe that all of these consultants are capable of producing a full anise and appraisal,however,should the assembly decide to go to this next step we may want to decide now whether we would attempt to stay with the same consultant for"cruise lite`orwhether we would ask for a new proposal. Given that this'cruise lite"is utilizing non-standard methodology,Idon't see whereany consultant would have a knowledge advantage in doing a full appraisal as a I effort, In any event,the cumulative cost of"cruise lite and full appraisal Is likely to exceed the managers purchasing authority without some kind of assembly Involvement. ro m AGENDA ITEM #2.a. Northwind Forest Consultants, PO Box 1346 Chehalis,WA 98532 nOnhwindforest0comcastnet Duane Dvorak Resource agement Director, Kodiak Island Borough ace 710 Mill Bay Road,Room 108 Kodiak, 515 Duane, My company,NorthWind Forest Consultants,LLC(with a currentAlHS business license and fiffly in to meet or ex the Boroughsrequirements)submits the allo to your Bo of Co °ssian for a age ment bio! evaluation of approximately 830 acresof S'tkH Spruce Borough timberland near the village of Chiniak,Kodiak Island,AK(ADL 59078). Iam anOregon State University Forest Management graduate and have worked in the timber industry for over 45 Years.Duringthis titne,I have rienwor ' gin 1 h sof timberland agement in the Pacific Northwest {including i Is] ). experience includes,but is not limited to:refo tation/ l tinThis g,silvicul thinning, c isinglapP ° s,management plans, a t health assessments, d in d for both the private public(local/state/federal) harvesting.I have worked tars. My firelbiological assessment proposal includes a thorough site visit and analysis of all available imagery and local knowledge to provide the Borough with an accurate estimate ofa to percentage of Spruce es with d age es t may have d age al from the initial fire. Alongwith this data,I will synthesize all my observations into a report that may help guide the Borough in any decisions it may make about how to manage this valuable naftual resource. This Proposal as presented will not exceed$6,500. `s proposal visits for question d answer sessions with �e Kodiak Island Boroughincludes se Asseup to mbly. in-person e , 6Z4 seph Staley SiNorthwind Forest Consultants LLC Page 1 of i Page of1 Review Timber Assessment Proposals AGENDA ITEM #2.a. Custom forest Nianagement T David Nesheim,Forester 1521 Lyndon Way Kodiak,,r Alaska 99615 (907)654-4362 cell o. :rraaQrrrrQrr�ii,uu0a✓he✓%rrrrrRwurairaau✓slc e:emi/dr«rrrrrrrrrami rrrrrrrvi7�7iaUr1� November 25, 2015 Mr. Duane Dvorak Resource Management Officer Kodiak Island Borough Managers Office 710 Mill Bay Road, Room 108 Kodiak AK 99615 Re: Proposal to provide Professional Services to Assess Fire Damage on lands owned by Kodiak Island Borough. Duane, Custom Forest Management(CFM)wishes to submit a proposal to provide Professional Services to assess the fire damage caused by the Twin Creek Fire to Sitka Spruce stands contained in lands selected in ADL 55850 and ADL 59078 by the Kodiak Island Borough. Although I am currently employed by A-1 Timber Consultants, 1 propose to perform this assessment under my private consulting company which was established in Kodiak in 1998. 1 have been providing forestry and related service in the Kodiak Island Archipelago since 1990. My company profile is attached and resume is available upon request. I propose to use NDVi (normalized difference vegetation index),which maps the amount of live green vegetation based on red and near infrared spectral bands,to analyze SPOT-611 imagery both before the fire and after the fire.This comparative analysis will be used to establish an NDVI difference index(dNDVI),resulting in where dNDVI values can be used for proxy values of fire damage.This will allow the burnt area to be stratified and field sampled for fire damage to create a fire damage classification system,generating four fire damage classes(undamaged to sever).The field sampling will include photo representation of site conditions at each sample point to create a visual classification key. The resulting data will be summarized and reported as both a percentage of damaged spruce trees and a percentage of damaged acres.The report will also include a biological discussion. The cost for this proposal will not exceed$7,000 dollars. Sincerely, 04-41 4&AI David Nesheim Custom Forest Management Page 9 of 41 Review Timber Assessment Proposals AGENDA ITEM #2.a. r Custom Forest hlanagLmcnt �T 1321 Lyndcn Way 1 Kodiak,.Alaska 99615 �* (907)486-5960 (907)654-4362 cell i a�mna Mll�a umm�¢�y�� ol^nnrpii.rr� t i�rrrrrrrrrrrrrrt�a�cr«rraan„�wrtr�rr7rrrrrria,�rc�✓t�azirm✓�iuyrrr��arivrrrara Who is CFM? Custom Forest Management (CFM) is a small consulting network that specializes in the management of forest and land resources. The company is a small business that has 25 years of experience in forestry and project management in Alaska.The proprietor uses his 35 years of experience and skills in forestry to provide clients with cost effective services. I listen to the client's goals and desires to develop a plan that best fits. Because I am small, I can give the customer the attention they deserve. The following are services that CFM can provide; • Project analysis,permitting and management. • Reforestation analysis,advice and services. • General forestry services and assessments. • Asset location through GPS and GIS mapping. • Educational services. Please contact me if I can be of any assistance...... Respectfully, Wan, David Neshelm,Forester Page 10 of 41 Review Timber Assessment Proposals AGENDA 1T 2.a. PO Bas 110149 And—je,AbA2 99511-0149 rya p� A�m W 346 4DII MR & l &illl`tlJ l fu(907)3464022 MANACEMFNI;INC December 4,2015 Mr, Duane Dvorak Resource Management Officer Kodiak Island Borough Manager's Office 710 Mill Bay Road,Room 108 Kodiak AK 99615 RE:The September 2015 Twin Creeks Fire damage to the 826 acre Kodiak Island Borough property at Chiniak-.- Fire Damage Assessment Dear Duane, Thank you for contacting Forest&Land Management,Inc.and requesting a proposal to provide a fire damage assessment regarding the 826 acre Borough property at Chiniak which was involved in the Twin Creeks Fire in September 2015. Background: The Kodiak Island Borough suffered substantial fire damage to a stand of Sitka Spruce Forest of approximately 800 acres near the unincorporated community of Chinlak on Kodiak Island(ADL 59078). The Kodiak Island Borough would like to obtain a fire damage assessment for this tract to Identify the extent of damage: 1. Percentage of Spruce trees that suffered substantial crown damage as a direct result of the fire event; 2. Percentage of Spruce trees that suffered substantial fire damage at the base or over the root system; 3. Percentage and location of areas within the property that may have escaped substantial fire damage; 4. Other observations that the consultant believes to be relevant,in their professional opinion, after reviewing the site. The Kodiak Island Borough is requesting a fire damage assessment only with no quantitative analysis of harvestable timber or computation of economic value. In addition to the percentages identified above, It would be beneficial to prepare a map showing the varying degrees of damage on the site in a visual manner for ease of conveying the results. It Is not expected that the proposer will conduct a formal cruise in accomplishing the above tasks,but may use a combination of first hand site observations and other indirect sources of information to develop a picture of the conditions on the site. Page 11 of 41 Review Timber Assessment Proposals AGENDA ITEM #2.a. Mr. Duane Dvorak December 4,2015 P u g c �2 Discussion: The Borough is requesting a biological damage assessment of the trees on the property. In order to perform such an assessment it is necessary to physically access the ground on the entire property and using either fixed or variable radius}dots record, for each tree on each plot; 1)the extent of crown damage as a direct result of the fire and,2)the extent of fire damage at the base or over the root system. Each plot should be located using a GPS,and in the event areas with no apparent damage are discovered,a GPS traverse would be conducted around that area, in order to accurately map areas that escaped substantial fire damage. To develop site specific information for the entire parcel will require recording the information on plots established on a uniform grid pattern throughout the entire parcel. Each plot would represent approximately 4 acres. Further,the field work for this assessment should be performed when there is no snow on the ground and there are at least ten hours of daylight,in order to be able to visually assess the condition of each tree. Proposal: I. Perform a biological damage assessment which will record information that will provide estimates of: a. Percentage of Spruce trees that suffered substantial crown damage as a direct result of the fire event, b. Percentage of Spruce trees that suffered substantial fire damage at the base or over the root system; c. Percentage(or acres)and location of areas within the property that escaped substantial fire damage. Cost: Field work: $17,400.00 Report and map: $6.900.00 Total: $24,300.00 Time of performance: Depending on weather and daylight hours;between March 1 and May 15,2016. Terms: Total amount due thirty days from receipt by Borough of report and invoice. Thank you for requesting this proposal,and please call me if you have any questions. Sincerely yours, Forest& Land Management,Inc. Q� Clare E. Doig,CF President Attachment: Rdsumd Forest& Land Management, Inc. Page 12 of 41 Review Timber Assessment Proposals AGENDA ITEM #2.a. CLARE E. DOIG EXPERIENCE&QUALIFICATIONS EDUCATION: Bachelor of Science in Forest Resources,Management University of Washington, 1972 Bachelor of Arts Psychology Whitworth College, 1967 CONTINUING EDUCATION: Oregon State University * Logging Debris in Streams * Management of Young Growth Douglas fir and Hemlock *Accurate Forest Land Appraisal Washington State Bar Association,C.L.E. * Forestland Management and Operations * Boundary Law in Washington Practicing Foresters Institute,University of Washington and Association of Consulting Foresters * Courses 11,VI,&VII American Society of Farm Managers& Rural Appraisers *Fundamentals of Rural Appraisal A-10 * Principles of Rural Appraisal A-20 Duke University,World Forestry Center,&P.F.I.T. * Forest Appraisal I&II PROFESSIONAL AFFILIATIONS: Society of American Foresters,Member;Certified Forester,#423 Association of Consulting Foresters,Member MILITARY SERVICE: Honorable Discharge,First Lieutenant USAR EXPERIENCE: 1993 to Present Consulting Forester, President,Forest&Land Management, Inc. Anchorage,Alaska. Forest and land management services for private landowners and ANCSA corporations in Alaska. Timber cruising and appraisals,timber sales, logging and timber sales contract negotiations and contract compliance,operations management-all aspects of timber harvest operations;export market analysis;coordination with government agencies;permits; land use planning;Forest Stewardship Plan preparation,ANCSA issues;qualified expert witness,U.S.Tax Court. 1978-1993 Consulting Forester, Principal,Forest Management,Inc., Olympia,Washington. Primary responsibility for Alaskan Clients, 1972-1978 Area Forester,Staff Forester;Simpson Timber Co.,Arcata, California. Land and tax records,state permits and coordinating with agencies. All forest management responsibilities for 45,000 acres in a very politically and environmentally sensitive area. Production Supervisor,Mad River Plywood Plant. Page 13 of 41 Review Timber Assessment Proposals AGENDA ITEM #2.a. Revised Scope of Work for proposals to provide Fire Damage Assessment on lands owned by the Kodiak Island Borough.(11/24/2015 by Duane Dvorak,Kodiak Island Borough Resource Management Officer) The Kodiak Island Borough suffered substantial fire damage to a stand of Sitka Spruce Forest of approximately 800 acres near the unincorporated community of Chlniak on Kodiak Island(ADL 59078). The Kodiak Island Borough would like to obtain a fire damage assessment for this tract to identify the extent of damage: 1. Percentage of Spruce trees that suffered substantial crown damage as a direct result of the fire event; 2. Percentage of Spruce trees that suffered substantial fire damage at the base or over the root system; 3. Percentage and location of areas within the property that may have escaped substantial fire damage; 4. other observations that the consultant believes to be relevant,In their professional opinion, after reviewing the site. The Kodiak island Borough is requesting a fire damage assessment only with no quantitative analysis of harvestable timber or computation of economic value. In addition to the percentages identified above, It would be beneficial to prepare a map showing the varying degrees of damage on the site in a visual manner for ease of conveying the results. It is not expected that the proposer will conduct a formal cruise in accomplishing the above tasks,but may use a combination of first hand site observations and other Indirect sources of Information to develop a picture of the conditions on the site. Chosen proposer must have an Alaska Business License and provide proof of insurance'prior to initiating the work. Proposals should be submitted in the form suitable for reference as an attachment In a borough professional services contract. I A Workers Compensation Insurance if applicable The Contractor shall provide and maintain,for all employees of the Contractor engaged In work under this Contract,Workers Compensation Insurance as required by A523.30.045.The Contractor will be responsible for Workers Compensation Insurance for any subcontractor who provides services under this Contract.This coverage must include statutory coverage for States in which employees arc engaging In work and employers liability protection not less than$100,000.00 per person,$100,000.00 per occurance. B. Comprehensive(Commerdaq General liability Insurance with coverage limits not less than$1,000,000.00 combined single limit per otorrrence and annual aggregates where generally applicable and will Include premise operations,Independent contractors, products completed operations,broad form property damage,blanket contractual and personal Injury endorsements.The Kodiak Island Borough shall be named as an'Additional Insured'under all liability coverage listed above. C. Comprehensive Automobile Liability Insurance covering all owned,hired and non-owned vehicles and with coverage limits not less than 5100,000A0 per person,$300,1100.00 per occurrence bodily Injury,and 550,000.00 property damage. Page 14 of 41 Review Timber Assessment Proposals AGENDA ITEM #2.a. OWNER-PROFESSIONAL SERVICES FEE AGREEMENT THIS AGREEMENT,made this day of .A.D.,2015,between the Kodiak Island Borough, acting by and through its Borough Manager, party of the first part, and of , a LLC/INC.,organized under the laws of the State of its successors and assigns, party of the second part,hereinafter called the Contractor. WITNESSETH: That the Contractor, for and in consideration of the payment or payments herein specified and agreed to by the party of the first part, hereby covenants and agrees to provide the services described in the proposal for Twin Creeks Fire Damage Assessment on Kodiak Island Borough lands near Chiniak,Alaska as authorized for sums as described in the fee schedule of the Proposal dated 2015 or as approved. Any project exceeding $25,000 will require Assembly approval. This contract commences from December 11,2015 through February 11,2016. The Contractor further covenants and agrees that the entire work shall be done under the administration and to the complete satisfaction of the Kodiak Island Borough,subject to Inspection at all times and in accordance with the laws of the State of Alaska. The Contractor further agrees that all of the work and labor shall be done and performed using that degree of care and skill ordinarily exercised under the same conditions by Forest Management Professionals practicing in the same field at the same time in the same or similar locality. Professional services are not subject to, and Contractor cannot provide, any warranty or guarantee, express or Implied,including warranties orguarantees contained in any uniform commercial code. The Consultant shall indemnify,defend,and hold harmless the Kodiak Island Borough from and against any claim of, or liability for, negligent acts, errors, and omissions of the Consultant under this Agreement. The Consultant is not required to indemnify, defend, or hold harmless the Kodiak Island Borough for a claim of, or liability for, the independent negligent acts, errors, and omissions of the Borough. If there is a claim of,or liability for,a joint negligent act,error,or omission of the Consultant and the Kodiak Island Borough, the indemnification, defense, and hold harmless obligation of this provision shall be apportioned on a comparative fault basis. In this provision,"Consultant"and"Kodiak Island Borough" include the employees, agents, and contractors who are directly responsible, respectively, to each. In this provision, "independent negligent acts, errors, and omissions" means negligence other than In the Borough's selection, administration, monitoring, or controlling of the Consultant,or in approving or accepting the Consultant's work. Page 1 of 3 Page 15 of 41 Review Timber Assessment Proposals AGENDA ITEM #2.a. Without limiting the Contractor's indemnification, it is agreed that the Contractor will purchase,at his own expense and maintain in force at all times during the performance of services under this Agreement,the following policies of Insurance. Failure to maintain insurance may,at the option of the Borough Manager, be deemed Defective Work and remedied in accordance with the Agreement. Where specified limits are shown, it is understood that they will be the minimum acceptable limits. If the Contractor's policy contains higher limits,the Borough shall be entitled to coverage to the extent of such higher limits. As a condition of award,certificates of insurance must be furnished to the Borough Manager. These certificates must provide thirty(30)day prior notice to the Borough in the event of cancellation, non-renewal or a material change in the policy. Proof of insurance is required of the following- A. Worker's Compensation Insurance if applicable The Contractor shall provide and maintain,for all employees of the Contractor engaged in work under this Contract, Worker's Compensation Insurance as required by A523.30.045. The Contractor will be responsible for Worker's Compensation Insurance for any subcontractor who provides services under this Contract. This coverage must include statutory coverage for States in which employees are engaging in work and employer's liability protection not less than$100,000.00 per person,$100,000.00 per occurance. B. Comprehensive(Commercial)General Liability Insurance with coverage limits not less than $1,000,000.00 combined single limit per occurrence and annual aggregates where generally applicable and will include premise operations, independent contractors, products/completed operations, broad form property damage, blanket contractual and personal injury endorsements. The Kodiak island Borough shall be named as an"Additional Insured"under all liability coverage listed above. C. Comprehensive Automobile Liability Insurance covering all owned, hired and non-owned vehicles and with coverage limits not less than $100,000.00 per person, $300,000.00 per occurrence bodily injury,and$50,OW.00 property damage. The Contractor hereby agrees to receive the prices set forth in the proposal as full compensation for furnishing all the materials and labor which may be required in the prosecution and completion of the whole work to be done under this Agreement, and in all respects to complete said Agreement to the satisfaction of the Borough Manager. It is further distinctly agreed that the said Contractor shall not assign this Agreement,or any part thereof or any right to any of the monies to be paid him hereunder, nor shall any part of the work be done or materials furnished under this Agreement. Payment for services rendered under this Agreement shall be made by the Kodiak Island Borough within thirty(30)days of the completion/delivery, acceptance by the Kodiak Island Borough and invoicing by Contractor. IN WITNESS THEREOF,The Kodiak Island Borough Manager, by authority in him vested, has executed this contract on behalf of the Kodiak Island Borough, and the said Contractor have hereunto set their hands and seals,the day and year first above written. Page 2 of 3 Page 16 of 41 Review Timber Assessment Proposals AGENDA ITEM #2.a. KODIAK ISLAND BOROUGH CONTRACTOR By By Duane Dvorak Name: Resource Management Officer Title: By Charles Cassidy Borough Manager Attest: By Nova M.Javier,MMC Page 3 of 3 Page 17 of 41 Review Timber Assessment Proposals AGENDA ITEM #2.b. Fmm: Nova Javier[mallto.njavler@Mlakak.us] Sent: Monday, November 30, 2015 6:47 PM To- Bradley Gilman Cc:Bud Cassidy Subjea: IOC Lobbying Needed for 20167 H!Brad, Should the Assembly plan to travel to DC this upcoming year?If you think they should,would you propose some dates please. Thank you, Nova From:Bradley GlIman[nwi!12: dLgr � m k ef@hM .bl w- cam] . -- — - Sent:Tuesday, December 01,2015 8.-13 AM To:Nova Javler Cc:Bud Cassidy Sub'ect.RE.-DC Lo yl Needed for 2016? Nova., I am a big fan of coming back to Washington at least every other year to get a sense of how the federal system is currently working(we are an evolving process). Since the Borough last visited in 2014,1 would recommend a trip. The following dates for the first four months are when both the House and Senate are in session. There are additional dates,but either the House,Senate,or both are out of session. Pick two consecutive days out of any of blacks— Jan. 11-13 Jan.25-27 Feb.9-11 reb.23-25 Feb.29-Mor.2 Mar.14-16 April 12-14 April 18-20 lam out of town the first half of May. If you want dates at the end of May orinlune,let me know. Gets really hot back here for Alaskans from May until September. Brad Page 18 of 41 F 6 Lobbying Efforts- DC and Juneau Travel AGENDA ITEM #2.b. From:Nova Javier[rnaiItQ:njaviCr@kodiakak.us1 Sent:Tuesday,December 01, 2015 12:26 PM To., Bradley Gilman Cc:Bud Casslidy Subject. RE: DC Lobbying Needed for 2016? Brad, Any issues and/or areas of Interest that they should be lobbying for?Any suggestions on how many and who should travel? Thank you, Nova From:Bradley Gilman(mal 1to.,mac*ensWhsybkw-dccom] Sent:TueWay,December 01,2015 8.°4 A M To:No va Javier Cc. Bud Cassidy Subject. RE.-DC Lo )I r201 ? Nova: My advice on numbers is the Mayor,one to two Assembly Members,and the Manager. This is,of course,the Assembfy's call. On issues— (1) Advocacy far Refuge Revenue Sharing and PILT (these programs have been under increasing pressure) (2) An update to the Delegation an the Kodiak Fisheries Working Group initiative for community involvement infederal foshery management decisions (3) The future of the NO AA Near Island lease with NMFS(we are coming to the end of the 20 year period) (4) Possibly the Karluk Lake enhancement project(I have not heard from Tina Fairbanks in some time on this issue) (5) Any other Issues that the Assembly wants to raise Brad Page 19 of 41 FY2046 Lobbying Efforts- DC and Juneau Travel AGENDA ITEM #2.b. From:Bud Cassidy Sent:Sunday,November 29,2015 2:45 PM To:Nova Javier Cc:'mshickey@gci.net' Subject:Juneau Lobbying Trip. Nova- Can you forward the following discussion I had with Juneau Lobbyist Mark Hickey to the Assemlby In an effort to lock in on dates for the Juneau Trip(s). Thanks. Mayor and Assembly members- • Mark is suggesting that the Assembly make two trips to Juneau. The makeup of these small group trips should include the Mayor,the Manager and members of the Assembly. • He is suggesting the first trip occur in early February(either the week of February 8th or February 16). • The other trip he is suggesting should occur in March(no date decided). • The goal of these trips is not to advocate for CIP projects,but to advocate for items important to the community such as continued community revenue sharing,education funding and funding for state agencies important to Kodiak(DEED(Education),DOT(Ferry and maintenance),ADF&G etc.). • Mark is suggesting that you be prepared to answer questions about what you are willing to forego in an effort garner funding for community priorities.Knowing what programs are important to you and which ones are less important will be what you transmit to the Governor,state agencies,and to Senator Stevens and Rep Stutes as they work on your priorities. Please select the date that you think are appropriate for travel and Nova and I will finalize arrangements with Mark. Thanks, Bud Page 20 of 41 FY2016 Lobbying Efforts- DC and Juneau Travel AGENDA ITEM #2.b. From:Mark Hickey[mairw.mshickey@gd.net] Sent:Monday, November 02,2015 1:51 PM To:Bud Cassidy; Nova Javier Subject:Possible Reception Dates Bud and Nova, 1 went ahead and tentatively reserved two dates for the Kodiak Community Reception in Juneau in case we decide to do it this year. The first date is Thursday,February 18. This is the same week as the AML Mayor/Manager meeting so that may present a problem. They're doing a reception either Tuesday or Wednesday of that week. The other date is Wednesday,March 9,which is a little later than I would like,but much better than last year. We could have one group around in mid February with AML and then another group in March. I do have a call into Ray Gillespie to discuss further. Mark Hickey Sent from my iPad Page 21 of 41 FY2016 Lobbying Efforts- DC and Juneau Travel AGENDA ITEM #2.b. From: l b.:..�::�N,.I y To: it%LTA kU Cc: hm lldyk SubjeM Re:Assern y Trip to Ameau Date: Sabrday,November 07,2015 3:21:32 PM Bud, My suggestion for dates are as follows: I suggest the first trip either the week of February 8 or the week of February 15. 1 suggest making it happen for two days(travel down included)on either Tuesday/Wednesday or Wednesday/Thursday. This means getting to town by mid-day on the first day and leaving on the evening flight on the second day. We could change this obviously to arrive in the morning of the first day and then leaving at noon on the next day. I prefer the first schedule. Please note that AML is planning its annual Mayors/Managers meeting in Juneau for around February 16-17. The second trip could be the week of March 7 or March 14 using the same schedule I described for the February trip. I'm not taking into account if or when a reception would occur. It's best to keep the group from Kodiak to 3 or 4 folks max for each trip. If folks only want to make one trip then I propose it should be in February if possible,but not later than the week of March 7. The week of February 22 would work if there's only one trip— otherwise 1 suggest the earlier dates for the first trip. Sorry if I made this confusing—,let me know if you have questions. Mark From:Bud Cassidy Date:Fri,6 Nov 2015 18:21:31+0000 To:Mark Hickey<: ,s.h.dk,,f.1,Yftca..nc.t> Cc:Nova Javier<!iiijbjyV. Subject:Assembly Trip to Juneau Mark— You were going to provide us with other dates to travel to Juneau should we choose not have a seafood reception.The Assembly will be meeting on November 12 to discuss.Can you provide those Page 22 of 41 FY2016 Lobbying Efforts- DC and Juneau Travel AGENDA ITEM #2.b. dates to Nova. Thanks, Bud Page 23 of 41 FY2016 Lobbying Efforts- DC and Juneau Travel Or C Cr CrO m T„ I�"OW IIl „„s ClassA:;;e11011 l.kWpon Goods s$SPfWe0 FhW211acar MIS m. 0rc ..4 v him._.... E ei e0 V D G 1� M U�s C S$1 :00 S7„ 7"d0O,, a $1ZSgFFAO 14% C JJuly 533�5M.00 $0.00 $0.00 $0.00 113,000.00 4 Iugus1 $0.011 $0.00 $0.00 $0.00 533,51I51_If10 0% ® September 50.00 $0.00 54110:1190 S49Z 00 $°72,013 OO 3% C7rlober 50.00 50.00 $990.1110 "S11600 $311,41117,00 6% I Nmember $0.00 $0.00 _S11199.0119 152,60960500,995.4111 13% December $0.00 $0.00 $0.00 31800 S20,977 40 14% January SO.00 S0. $0.00 $0.00 520,077 40 14 February $0.00 MOO $0.00 SON $20,117740 14 match SO.00 SO. $0.00 $0.00 520,07'7.40 14 Apdl $0.00 som $0.00 $0.00 $211;97740 14 May $000 50.00 $0.00 $0. $20,07'7 40 14 June ;IIIm,0 a 40 14 (Fatal $33566.00 50.00 $1,207.0111 $ ;,ns aO Su 110b 7 40 14% "17 A. A. N cri 9 O crc FE`S TRAVEL BUDGET ` u CL m 14muial Tralafs ��"p Redasx Jown�dT7M� � � ,,,,,q rbmsfficafran Fds B'Vs w2O1O . ,.. OBudoel, Ewmuftwwas + EVeMes 'yMmance Percent Usucs " u @ July s14,OOOOO $O.00 $0.00 $0.00 $14„000.00 0% August SO.00 WOO $000 sJ,24170 s1.2.7.W30 9 September $0.00 Who SO.00 $150.00 512„00-83O 10 October $0.00 50100 $7,9700 $715.05 S11,596.25 17 November 5000 S0,00 WOO %297,DO 511,3O9.25 19% Oewmbar 50.00 50.00 $0.00 50.00 5'1'1,300.25 10% January $0- $11,309.25 19 Fe $0.00 $0.00 Uno 511„309.25 19 51'1;30'9.25 19% $11„3O9 25 19% ay $0 $000 so DO sO:O0 $111,309.2w, 19 June $000 $0.00 $0.00 50.00 611,309.25 19% Tom S14. 00 so OD $297,00 $2,39175 $11,309 19 rn. Is N cn a N t7 r 0 c cr Q to to M TRAVEL TI ,DC ESTIMATED COST IS$3,621.92 n ESTB4ATED EXPENSES m CL eador hats Registration thru VJAMAMMIS u uwu 04/10114 i 31 l0 m 1 RE COUMARO lWUMDr oVERAIMM 04 u "VU 1M 14 5178 72 uNy"llISWMEAKWA"ONNOM 14 thm 14 31,54236 Other ITAMFARLTDIFRAMMU MEnVM 04IW14 thru 04/20114 Slow { Effective November 3.2M(Ordinance NFY200"51 and December 1,2005(Contract N1995.47E),per diem rotes are based on the Federal(GSA)rate for per diem(`o to bttp://www.gsa.sw to view rates based on travel destination).Attach copy of appilcabie per diem rafts toTravel Authorieatbn Form. Use the laaawdas DA to calculate per diem. www.a3a.eav, Pcr Diem IN of den 11175%of dally rate 2 11 of don 0 dally rata of 1 $KM 1 3 dal hr diem of rate 599.00 Oates: 69 14 tastes 09/07/14 th- 04/0!/14 OM per Diem Rate S190AG 09/16/14 eat Hr them 5297A0 TOTAL DUIV45 S3.621.92 IN m d Z m N v y N tr N 4 Ob r a v Q C13 ESTIMATED OST I $1,05S.70 n ESTIMATED EXMNSO m CL Vendor hors q station thin mc are Alawa Alturres jtsmmm 00/25/15 thru 03/27/15 SM70 � c Lodging WestawrkearawfatS m W145115 thru 03/27 $27@m / Rentalter thru D� OtherCob Fare 9mis Ihnr 03 27 (30.170 C to EffecOve November 3,21105(OrdinarKe NFY200"5)and December 1,2005I[ontract N199"7E),per them testes are based on the Federal IGSA)rate for per them Igo to hap://www.pa.gw to view rates based an travel destimdon).Attach copy of applicable Per diem rates to Travel PAidwitaUon Form. Use the fok wing IN*to calculate per diem. www.w�ov Rememberto subtrxt Incidentals from the dao per diem rate.. Per Diem it of @ M of tel sate 2 N of cbvs p daft rate of I SR2M0 I 1 tel For Dian 737E of rate $Luca � ON= 03/25/25 Data: 03/26/15 thru 03/26/15 otal ter Diem 08 Rale 512.00 � 0387/u otal scar DIM St0s.00 .+ sorAt ExtEHSEs 51,Os5 70 / n M to z o A ti m 3 N c 0 Or m qUES'nONSTOANSWER. • HOW MANY TRIPS TO JUNEAU?ONE OR TWO? 0 ou • WHEN 15 THE FIRST TRAVEL TO JUNEAU?WEEK OF FEBRUARY 8 OR WEEK OF FEBRUARY 16T CL • IS THE ASSEMBLY INTERESTED IN GOING TO DC? • WHEN? Q rn r n to N w r a cr Q m a January 2o16 m SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRPDAY SATURDAY 7 2 Q L C 3 4 j5 6 7 8 9 Ilalf12 I 1 // / y4 i 1S L 16 17 21 122 23 i .. .. 28 29 30 ��f1�✓l j�Y�lr� �,,r��6�1� J Jit�l9df iJ� J l)'�� M�� I��/�., 31 j `Shortest duration of flights i0-D[,leaving 1'0-:35 p.m.Kodiak and anfve DC at q p.m.then extday m *Another op Is to break it up and overnight in Seattle on Sunday and leave Seattle Monday moming a DC at q P. mw 0 j w j r 0 Cr Cr to in February 2o16 B SVINVAN n .. ....... m 1 2 3 4 6 CL f Fr c 7 13 Fo 1-Wed-(t1wed )-t r ) 14 15 116 18 �A 20 For irwluded-f FuemlayMedn-day)or(V*d—daYRhurv*) nFISrTRIATQ JUNEAU ,......,,!,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, , ,.d „ , „„ ,,. ,,, „ „, 21 22 23 24 25 126 27 I 2s�,n»>�� 9 � 1 r f S � n/29 Suggestion is to make two trips to Juneau first trip week of February 8 or February 16 m Umit group from 3 or q max for each trip m Previous email Week of February 23 will work only if there's only one trip.If there's going to be only one trip,it should be done no later rn ® than the week of March 7. N N a r r d Q Q mMarch 2ol6 0 B 0 SUNDAY MONDAY TUESDAY WEDNE5OAY THURSDAY W4ra@,(P,AY j4 5 ...iaC n r m � ,,iii � 40000014 ��3��;�� %%�f 6 7 8 9 10 11 12 I 13 14 5 16 17 18 19 mr 20 21 22 23 24 25 26 I i 27 28 29 30 31 I isla .,ema.. h' at the 1'� in March „ ...,�' b r�� mg II noted th trip occur (no date deckled) „� G) m � a � W PJ ro 0 a, r 0 Cr Cr U3 April 2o16 0 B C) SUNDAY MONDAY RASDAY °WEIYNIE.uOXV YY�94.N'�,'OMx'MFSIQp%v wACL)RG,rAeW to _ ..,. 2 7 � 1 3 4 5 6 7 8 9 i ......... ..... .... ...J_. 110 X11 112 13 114 15 �16 //O//////�//��'�%O%%%%//,f'm /1�;;rf�/��1�'y� ��ll��✓'�6��1�f�iar,��//////G/��/%%///%%%%�/%�%/ � I ,rrr X17 18 119 X20 { 21 22 23 E, LooUggifT 5//I 124 25 26 27 128 29 X30 I I � rn A -i N a AGENDA ITEM #2.c. FUTURE DISCUSSION ITEM SUMMARY KIBSD Budget Budget Meetings with the City/School District Renewal and Replacement Projects Funding SD Mental Health Services Provided by the Counseling Center School District Rental Rates Contracts Upcoming In-Kind Documents Fisheries Analyst(2/6/16) Manger(6/30/16) Borough Budget Hospital(4/2017) Non Profit Funding Process Discussion Solid Waste(4/2017) Town Hall Meeting to Discuss Priorities Borough Administration Oversight Contracting and Procurement Process/Procurement Process Presentation Bud et Deadlines Review of the Salary Schedule and Overview of the Hiring Process V Budget Review(12/15/15) KIB Vacant Positions Manager Budget(by 4/30/16) Action Plans KIBSD Budget(by 4/30/16) Traffic Along Mill Bay Road Assembly Approval(by 6/10/16) Contract with Waste Management/KUBS Presentation Hospital Lease Lands Public/Private Land Development Partnership MHP Land Sale Affordable Housing in Kodiak Comprehensive Plan Review Assembly Operations Teleconferencing Ordinance Changing Meeting Time Ordinance Role of Elected Officials During an Incident Command System Boards,Committees,and Commission Structures/efficacy Village Presentations at Regular Meetings Fisheries KFAC-initiate meeting FWG Structure and Purpose Review Fisheries Analyst Contract Consolidation Consolidation of Fire Departments Page 33 of 41 Clarification and Discussion of Future Assembly Discussion I... AGENDA ITEM #2.d. From:Bud Cassidy Sent:Thursday,December 10,2015 3:03 PM To: Nova Javier Subject:Withdrawal of Invitation for Proposals Nova 1:4uas IIbiivi�oaard the Nflay(!)raniii unellin u"as ui ilhe Asseir'ulh:°u y Lr,,r pull adi ig pn the imdceii: 25 ti�vO�as Veli tiriiai�„ thein I,00a:ow zflluxuu�ft 1i4 und!i'!u d ualllly i!1,I„y11,r Pas. l'%iwu Mayor and members of the Assembly. After my discussion with Assembly member Crow and Mayor Friend, I had this memo drafted to put into context the reasoning behind this withdrawal. It Is correct that the Borough must be above board when issuing proposals to give all who respond an even chance of being selected.Even the appearance of favoritism must be eliminated. That alone Is a good reason to withdrawal this process,reevaluate It and go out with a revised Invitation for proposal.But that isn't the only reason.You will read In the attached memo that we were contact by the Department of Labor,Wage and Hour on how Little Davis Bacon wages must be calculated during the execution of this contract.These interpretations could have a significant increase in the cost of not only this contract,but on earlier approved services area contracts.We also continue to receive questions and comments on this contract with suggestions about approaching it In a different manner. Specifically by use of a performance contract that doesn't identify the types of equipment needed,just that the job is done to a predetermined standard.By example,It doesn't matter if snow is removed with a shovel just that the snow does not build up beyond a certain standard.Maybe splitting the contract is an approach:one for snow removal and the other for repairs. All of the above discussion persuaded me that withdrawing the invitation for proposal is prudent. Not one is getting hurt with this delay and getting it right should be the goal. Thank you. Bud Page 34 of 41 Review Facilities Contract Addenda and Extension AGENDA ITEM #2.d. vii W 0 KODUKISL"D BOROUGH Engineering&Facilities Department a �'' MEMORANDUM r DATE: 12/10/2015 l TO: Bud Cassidy,Manager IL FROM: David Conrad--ZZV— RE: KUB Road Maintenance and Repairs,Snow Removal and Sanding and Small Projects Contract Withdrawal This memo is intended to describe the reasoning for the withdrawal of the recently advertised contract as referenced above. Multiple questions from the potential bidders have resulted in the directed changes being made to the originally advertised contract.The addendums issued by the staff providing answers to the questions resulted in additional questions. In addition to the contract questions during the bidding process,the KIB was contacted by the State of Alaska Department of Labor,Wage and Hour Administration regarding the department's enforcement perspective regarding AS 36.05,the State's prevailing wage law,also known as the Little Davis Bacon Act. Within this email contact the DOL suggested that the KIB review the associated statues that apply to this type of contract and discuss the interpretation with the borough attorney.The interpretation of this required section and the payment of the Little Davis Bacon Wages may have substantial financial consequences related to the overall budget and cost of this contract regarding the"repair portion"within the contract scope of work.This will require analysis of the overall cost impact. During the past several weeks' staff has been considering alternate contract formals including the performance based delivery method.With the examination of this methodology the clearly defined scope and standard is required to be established so that the bidder clearly can assess the effort required to achieve the contract requirements.In addition the customer must assume a more proactive role for quality assurance to measure the contract performance in real time.With this form of delivery method,a penalty assessment and remedy for lack of contractual performance should be in place to ensure satisfactory performance.This method may result in an overall increase in contract cost and staff wages and time to properly surveil and administer the contract, Page I of 2 Page 35 of 41 Review Facilities Contract Addenda and Extension AGENDA ITEM #2.d. The performance based delivery may result in the reduction or elimination of the equipment list from the contact documents.If the KIB is willing to examine the acceptable risk involved in this type of method,the burden for performance to the specification lies solely on the contractor. The cost basis for this type of delivery could be based on several factors including defined area calculations with historical event data,which allows the contract holder to define his/tier required performance method,type,quantity and age of the equipment to perform the required specified tasks. The consideration of the separation oft a snow removal from the maintenance contract and an alternative delivery method may prove to support cost savings to the overall effort.Once again a careful analysis of the delivery method should be made to properly evaluate if there would be a benefit. Currently the information in this memo has dealt primarily with the specific topic contract however it must be mentioned that the DOL issue will likely affect the existing service area contracts as well. If you require additional information or research into alternate delivery methods please contact me at your convenience. Page 2 of 2 Page 36 of 41 Review Facilities Contract Addenda and Extension AGENDA ITEM #2.d. ADDENDUM 4 KODIAK ISLAND BOROUGH Facilities Road Maintenance and Repairs,Snow Removal and Sanding, and Small Projects Contract Kodiak,AK December 7,2015 TO ALL PLAN HOLDERS OF RECORD: This addendum forms part of and modifies the contract documents as noted below. This addendum consists of 1 page. The Invitation for Proposals dated November 12,2015 for the Kodiak Island Borough Facilities Road Maintenance and Repairs,Snow Removal and Sanding,and Small Projects Contract is formally withdrawn pending clarification of the contract language. A new Invitation for Proposals will be published once a thorough review has been completed. END OF ADDENDUM NO.4 PLAYGROUND EQUIPMENT PROCUREMENT ADDENDUM 1 PAGE 1 Page 37 of 41 Review Facilities Contract Addenda and Extension AGENDA ITEM #2.d. From:Skinner Law Office,LLC IfmaiVto-,skVnnerllaw 6 Lne Sent:Sunday, December 06,2015 7:02 PM To:Bud Cassidy Cc:Nova Javier, 'Daniel Rohrer' Subject:Facilities Contract Addenda Hello Bud, I am following up in writing to request that the following addenda be Issued on the Facilities Contract RFB that is out now. Most of these relate to concerns I e-mailed to you about the last RFB for this contract back In June,2015,that were not taken into account in preparing the current RFB. Please note that I assume when these addenda are Issued additional response time for bidders of up to two weeks may be necessary. I am ceing Dan as well since he indicated he also had proposed addenda. 1. General Concern: KIB needs to spec equipment it expects to be most utilized under the Facilities Contract in order to get the best price for the Borough on the equipment that will be used most often. This should be determined through review of invoices for the past two years, noting which equipment was actually invoiced to get the job done. The following specific addenda are requested based on information presented during regular meetings and work sessions. a. Add spec for plow truck,which I understand has been frequently used under this contract b. Remove spec for c. Change spec for secondary sander from 3.5 cubic yards,to 2 cubic yards,as it was in last RFB. Smaller unit will fit bike trail and is a more standard size unit. d. Change spec to price gravel/aggregate by the ton and not by the cubic yard. I agree with comments that paying by the ton makes more sense and obviates the need for estimation and guesswork associated with cubic yard measurement. 2. General Concern: KIB needs to avoid the appearance of unfairness and favoritism,as well as actual unfairness and favoritism. Appearance of unfairness can result from including unnecessary or arbitrary seeming specs that result in significant exclusion of potential bidders. a. Remove spec requiring all equipment be less than 8 years old. This spec was not included in the last RFB,and Its inclusion now is not justified,particularly when it significantly limits the number of eligible bidders. b. Remove spec for asphalt laydown machine and wood chipper. These were not included in the last RFB,and there is no justification provided why this equipment was added in or an estimation of how much this equipment will be used. c. Consider removing spec for angled blade and 8 foot forks. If these were not in the original RFB then provide justification why they are needed now. d. If scenario analysis is used to evaluate bids the scenario should be provided in advance, not just at bid opening. Further,the scenario should reflect the best estimate of what equipment will actually be used,and reflect accurate estimates of hours of use. At the December 10'h worksession I would like to review any additional addenda,get a status update of those addenda if they have already been issued,and discuss potential extensions on response time that might be necessary. Thank you, Page 38 of 41 Review Facilities Contract Addenda and Extension AGENDA ITEM #2.d Rebecca SKINNER LAW OFFICE,LLC 326 Center Avenue,Suite 204 Kodiak,Alaska 99615 Phone/Fax: (907)512-0467 CONFIDENTIALITY STATEMENT This electronic message transmission contains information from Skinner Law Office, LLC, 326 Center Avenue, Suite 204, Kodiak, Alaska, 99615, (907) 512-0467, and is confidential or privileged. The Information is Intended to be for the use of the individual or entity named above. If you are not the Intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this Information is prohibited. If you have received this electronic transmission in error, please notify us by return email. Thank you. Page 39 of 41 Review Facilities Contract Addenda and Extension AGENDA ITEM #2.d From: Smith,Josh A(DOL)I( iia.2A, gp,oyN, , �k ;g ] Sent:Wednesday,December 02,2015 1:37 PM To: Bob`tucker Cc: Petrasek,Warren E(DOL) Subject: KIB Road Maintenance and Repairs,Snow Removal and Sanding and Small Projects Contract Bob, As discussed during our telephone conversation this morning,we think some language In KIB's Road Maintenance and Repairs,Snow Removal and Sanding and Small Projects Contract,could be revised to clarify the Department's enforcement perspective regarding AS 36.05,the State's prevailing wage law, also known as the Little Davis-Bacon Act. On page seven of the contract,KIB wrote, "The State of Alaska Department of Labor defines the following types of work for public construction projects as being subject to payment of the prevailing wage rates per AS 36.05.010 and AS 36.05.030;" In reality,the Department has only one definition of"public construction,"which is found in statute: AS 36.9S.010(3)"public construction"or"public works"means the on-site field surveying,erection, rehabilitation,alteration,extension or repair,including painting or redecorating of buildings,highways or other improvements to real property under contract for the state,a political subdivision of the state, or a regional school board. If KIB wishes to retain the list of bullet points that it currently has in its contract(pgs.7-8)that describes various types of work that may be subject to payment of the prevailing wage rates,we would recommend prefacing the list with language along the lines of: When a project meets the definition of public construction,"as defined in AS 36.95.010(3),and the minimum contract amount of$25,000 has been met,the types of work that are likely to he subject to the payment of the prevailing wage rates may include but is not limited to: But of course,I am not an attorney and we would advise KIB to consult its legal counsel about any specific language it wishes to consider inserting in its contracts. \Vage and I fount`Investi�;itor Wage and Hour Administr'tdLorn Anchorage Regional Office We provide,FREE monthly Sem lina irs:http:ffilabor.aIla ska&ovfllss/forims/serninar- ti... ..... Page 40 of 41 Review Facilities Contract Addenda and Extension AGENDA ITEM #2.d Anchorage Wage and Hour is located at the Muldoon Job Center, 1251 Muldoon Road,suite 113. 11 earn not an attorriey and I cannot provide legal advice. l work for lhe Alaska Department of Labor and Workforce Development, Labor Standard,,,and Safety Division. I can only provide you with the current enforrernent per!;pecdve of the Division lbased upon the specific facts provided.Statements and conchisions expressed herein may change depending upon the lnckjsioiri or exclusion of additional facts or background information.The erfforc.ement perspective of the Division may also change over Ume. Page 41 of 41 Review Facilities Contract Addenda and Extension KODIAK ISLAND BOROUGH WORK SESSION Work Session of: _ / <� Please PRINT your name Please P,PRINT your.name ........... 1 .. r,ry 1