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2018-03-22 Regular Meeting AGENDA ITEM #5.A. AGENDA ITEM #5.A. AGENDA ITEM #5.A. AGENDA ITEM #5.A. AGENDA ITEM #5.A. Limitation on Manager's Authority Limitation on Manager's Authority AGENDA ITEM #5.A. Limitationon Manager's Authority Local Preference AGENDA ITEM #5.A. AGENDA ITEM #5.A. AGENDA ITEM #5.A. AGENDA ITEM #5.A. *Clerk’s Note: The abovemotionswere corrected toreflectthat the ruling of the chair was sustained andAssembly member Van Daele’s votewas considered in the carrying of the motion. AGENDA ITEM #5.A. AGENDA ITEM #5.A. AGENDA ITEM #5.A. AGENDA ITEM #5.A. AGENDA ITEM #5.A. AGENDA ITEM #5.A. AGENDA ITEM #5.A. AGENDA ITEM #5.A. AGENDA ITEM #5.A. AGENDA ITEM #5.A. AGENDA ITEM #5.A. AGENDA ITEM #5.A. AGENDA ITEM #5.A. AGENDA ITEM #5.A. This ordinance does not change setback requirements within any zoning district. 8-14 Amending KIBC 17.15 (General Provision And Use Regulations), KIBC 17.195 (VariancesConditional Use Permits Amendments And Changes AGENDA ITEM #5.A. VariancesConditional Use Permits Amendments and Changes VariancesConditional Use Permits Amendments and Changes Review of Planning and Zoning Commission DecisionAppeals to the Planning and Zoning CommissionAppeals to the Board of Adjustment General Provisions and Use Regulations Administration And Personnel AGENDA ITEM #5.A. Conflict Of InterestDefinitions Administration And PersonnelConflict Of Interest Definitions AGENDA ITEM #5.A. AGENDA ITEM #5.A. AGENDA ITEM #5.A. AGENDA ITEM #5.A. AGENDA ITEM #5.A. This ordinance does not change setback requirements within any zoning district. AGENDA ITEM #5.A. AGENDA ITEM #5.A. AGENDA ITEM #5.A. Limitation on Manager's Authority LocalPreference AGENDA ITEM #5.A. AGENDA ITEM #5.A. AGENDA ITEM #5.A. AGENDA ITEM #5.A. AGENDA ITEM #5.A. AGENDA ITEM #5.A. AGENDA ITEM #5.A. AGENDA ITEM #5.A. Limitation on Manager's Authority AGENDA ITEM #5.A. AGENDA ITEM #5.A. AGENDA ITEM #5.A. AGENDA ITEM #5.A. AGENDA ITEM #5.A. AGENDA ITEM #5.A. AGENDA ITEM #5.A. 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AGENDA ITEM #9.A. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 AGENDA ITEM #9.A. 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 AGENDA ITEM #9.A. 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 AGENDA ITEM #9.A. 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 AGENDA ITEM #9.A. 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 AGENDA ITEM #9.A. 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 AGENDA ITEM #9.A. 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 AGENDA ITEM #9.A. 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 AGENDA ITEM #9.A. 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 AGENDA ITEM #9.A. 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 AGENDA ITEM #9.A. 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 AGENDA ITEM #9.A. Land Use Goal: Land Use Implementation Action Land Use Implementation Action AGENDA ITEM #9.A. AGENDA ITEM #9.A. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 AGENDA ITEM #9.A. 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 AGENDA ITEM #9.A. 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 AGENDA ITEM #9.A. 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 AGENDA ITEM #9.A. 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 AGENDA ITEM #9.A. 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 AGENDA ITEM #9.A. 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 AGENDA ITEM #9.A. 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 AGENDA ITEM #9.A. 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 AGENDA ITEM #9.A. 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 AGENDA ITEM #9.A. 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 AGENDA ITEM #9.A. AGENDA ITEM #9.A. ROLL CALL VOTE ON MOTION AGENDA ITEM #9.A. AGENDA ITEM #9.B. AGENDA ITEM #9.B. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 AGENDA ITEM #9.B. 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 AGENDA ITEM #9.B. From:Amy Geer \[mailto:ageer@kodiakak.us\] Sent:Friday, August 11, 2017 3:08 PM To:Patti Janusiewicz Subject:coverage Patti, Per our discussion I’m writing concerning health insurance coverage for our Mayor and Assembly members. Our code states that they may be included in the Borough health and life insurance plan. In reading our Special Agreement with AETF, I’m not sure they fall under the definition of personnel, as it pertains to our making contributions for non-bargaining unit personnel. So my question is, can they be covered by our health and life insurance plan? Thanks for your help. From:Linda Josephson \[mailto:LindaJ@mrbclaw.com\] Sent:Wednesday, September 06, 2017 1:38 PM To:Amy Geer Cc:Kim Stephens (kim_s@aetf.com); Patti Janusiewicz (Patti_J@Aetf.Com) Subject:RE: coverage Amy, I apologize for the lateness of my response. Under the current terms of the Special Agreement, I don’t believe that they would be covered since the Borough has chosen to extend benefits to its full-time employees, defined in the agreement as those working 120 or more hours a month. This is one of two options in the Special Agreement – the other is to cover “all personnel,” which includes full-time, part-time, seasonal and temporary employees. Arguably if the Borough were to amend its Special Agreement to choose this eligibility , they may be included. To make it perfectly clear, it may be advisable to create an individualized special agreement. Linda From:Michael Powers Sent:Wednesday, September 06, 2017 3:17 PM To:Nova Javier; Dora Cross Subject:RE: health insurance coverage for assembly members Greetings: AGENDA ITEM #9.B. Does the assembly want to be covered? If so, have we budgeted for it? Can we do a specialized agreement? From:Dora Cross Sent:Wednesday, September 06, 2017 3:37 PM To:Michael Powers; Nova Javier Subject:RE: health insurance coverage for assembly members If I understanding IBEW’s attorney correctly, we would have to negotiate another special agreement with IBEW in order to include anyone not currently eligible, which means anyone not working full time. If I understand Nova’s original question, with new members coming on board, she gets asked about health insurance because that option is listed for them in our code. However, that option does not exist with our current health insurance carrier like it did previously. As I see it, Nova has three choices: 1.Do nothing and let the problem exist in our code 2.Fix the code to reflect the fact our health insurance carrier will not include non-full time employees 3.Begin negotiations with IBEW to create a special agreement to cover non-full time employees Dora AGENDA ITEM #12.A. February 11, 2018 KodiakBorough Assembly710Mill Bay Road Kodiak, AK99615 Re: Residential and CommercialSolidWaste Collection and Recycling Services Proposal DearAssembly Members, My name is Sam Rohrer and I am the CEO of Emerald Sanitation Inc. Emerald Sanitation submitted a proposal in response to the KIB’s RFP for Residential and Commercial Solid Waste Collection and Recycling Services. I am writing this letter to request that the Assembly postpone the vote authorizing the Manager to execute Contract No. FY2018-07. The following points are areas of strong concern that I have regardingtheRFP review process, the negotiations process, and the subsequent presentation of this information to the Assembly by Borough Staff. 1.Borough Staff incorrectly indicated to Assembly members at the February 8, 2018 Assembly Work Session that there was no objection nor protest to Alaska Waste being awarded the Solid Waste Collection Services Contract. 2.Borough Staff has not released the completed evaluations of either Proposer, nor corresponding scores or rank. 3.Borough Staff improperly excluded Emerald Sanitation from the negotiation process, this includes the opportunity to discuss and potentially revise our proposal. 4.Borough Staff has not included Alaska Waste’s Rate Cost Component in the Draft Contract. 5.Borough Staff changed an item in the Draft Contract from the original RFP Sample Contract.This change has direct impact on the proposed residential and commercial rates. 6.Borough Staff recommended Contract award based offincorrect factors. Item 1.During the February 8 Assembly Work Session, the Borough Manager indicated that there was no objections or protest to the Borough awarding the Solid Waste Collection Services Contract to Alaska Waste. This is not the case. On July 19, 2017, Emerald Sanitation received a letter informing us that the Kodiak Island Borough had extended Notice of Intent to Award to Alaska Waste. The letter went on to state the method for filing a formal written protest, what information should be included in the protest, and how the protest wouldbe evaluated. A copy of this letter is attachedas Appendix A.I submitted a public records request on July 20, 2017, requesting the complete bid package from Alaska Waste, as well as the evaluation results. A copy of the records request is attached as Appendix B. On July 21, I received an email from Borough Staff indicating the KIB would not release any documents until after a successful award AGENDA ITEM #12.A. has been approved. I replied to this email that without the release of this information I could not file a meaningful letter of protest, or even decide if a protest was warranted. I concluded my email by requesting a personal meeting with Borough Staff. A copy of these email communications can be found attached as Appendix C. I met with Borough Staff on July 31, at which time I delivered a letter of protest. A copy of that letter can be found attached as Appendix D. In addition to delivering the Letter of Protest, I also verbally communicated my frustrations that the KIB would not release any relevant information regarding the evaluation results. During the meeting, Borough Staff provided me a copy of a letter that was being prepared to mail to me the next day. The letter stated that the KIB had made a mistake with the respect to the July 19 letter they had sent me regarding the Intent to Award and my right to protest, and that I in fact, did not have a right to protest, nor was there any process by which a proposer might do so. A copy of this letter can be found attached as Appendix E. KIB continues to claim that I have no means by which to protest either the original Notice of Intent to Award, or the actual award of this Contract. This is troubling as it leaves my sole means of recourse to file suit against the KIB. Item 2. Borough Staff, per their response to my public records request referenced in Appendix C., have been unwilling torelease both the completed evaluations of either Proposer and the corresponding scores or rank.They claim that releasing the information would violate Borough Code, specifically 3.30.110.D. & E. (a copy of this section of the code is attached as Appendix F., applicable section is highlighted yellow).While this section appears to prohibit the release of the proposals and actual price tabulations, it certainly does not prohibit the release of the Evaluation Panels rankings and score, nor the Panels explanation for how the scores impacted the Evaluation Criteria and the Relative Weight of each individual criteria. This information is important for both other Proposers and for Borough Assembly Members to review. Without this information, there is no way to know if the KIB Staff is making its recommendations fairly and accurately, and according to the procedures laid out in the RFP. The Borough Assembly should postpone a vote on this contract until the ranking and scores are made public, and the Assembly has an opportunity to review this information. A full description of the Evaluation and Selection Methodology can by found in section 5.6 and 5.7 of the RFP that is included in your Assembly Packet. It can be found on page 26 and 27 of the RFP (pages 118 & 119 of your Assembly packet). If this information is not released until after the contract is awarded, and if after reviewing the evaluations, rankings and scores I find inconsistencies or errors, or find that the KIB did not follow the proper procedures as laid out in the RFP my only recourse would be to file suit against the KIB. As an aside, it is worth noting that the KIB has made several errors in this process already. One of the errors was referenced in the above Item 1., when the KIB sent me a letter incorrectly laying out the process by which to formally protest. I pointed out several other errors error to Borough Staff during the bidding process that required the issuance of both Addendum #1 & #2. One should expect that more errors will be found in the evaluation process. AGENDA ITEM #12.A. Item 3. Borough Staff improperly excluded Emerald Sanitation from the negotiation process as authorized in section 3.30.110.E. of the KIB Code. This section of code is attached as Appendix F. and the applicable sections are highlighted orange. The code states that the manager may negotiate with those responsible proponents whose proposals are determined to be reasonably responsive. The code continues to state that proponents deemed eligible for negotiations shall be treated equally regarding any opportunity to discuss and revise proposals. In other words, if the KIB determines that a proposer is reasonably responsive, and if the KIB decides they want to negotiate with any proposers, then the KIB must give ALL eligible proponents an opportunity to respond to any negotiations. The KIB has clearly determined Emerald Sanitation to be reasonably responsive. The KIB Staff Report that can be found in your Assembly Packet, on page 91, says, “The review team reviewed the RFP’s and determined that both were responsive proposers.” I have also attached a copy of this report as Appendix G, the applicable section is highlighted orange. The KIB also stated in a letter they sent me on August 1, 2017, that they had not yet negotiated a final agreement with Alaska Waste,and if they were unsuccessful in reaching an agreement they remained interested in speaking with my firm as the other proposer. This letter is attached as Appendix E, the applicable section is highlighted orange. Clearly the KIB determined that Emerald Sanitation was reasonably responsive. The original Procurement Schedule stated that the Assembly would issuean Intent to Award on thth August 9, that Negotiations would commence on August 14, and that the Assembly would th Award the Contract on October 5. A copy of this schedule can be found in your Assembly Packet, on page 14 and 15 of the RFP (pages 106 & 107 of your Assembly packet). The KIB issued a Notice of Intent to Award on July 19 (incidentally this was not issued by the Assembly as the RFP said it would be, but rather by Borough Staff) and finally on February 8, 2018, at the Borough Assembly Work Session, the Assembly was given a copy of the Draft Contract. The procurement schedule states that negotiations were to take place between the issuanceof the Intent to Award, and the Actual Awarding of the Contract. Per this schedule, approximately 1.5 months was set aside to conduct these negotiations. However, the Notice of intent actually went out on July 19 and the Assembly was not presented with the Draft Contract until February 8, over 6 months later. If 6 months were needed from Intent to Award to Draft Contract, one must assume that substantial negotiations took place. One must also wonder why Emerald Sanitation was not made aware of any negotiations, nor given an opportunity to respond to any negotiations, as is required my Borough Code. Undoubtedly negotiations between KIB and Alaska Waste took place and obviously Emerald Sanitation was not involved in any negotiations, nor given any opportunities to respond to any negotiations. Clearly this is in violation of Borough Code. Item4. Borough Staff has not included Alaska Waste’s Rate Cost Component in the Draft Contractnor adequately explained the impact of the Rate Cost Component to the Assembly. The Contractor Service Fees that are proposed on pages 25 and 26 of the Draft Contract that is found AGENDA ITEM #12.A. in your Assembly packet (pages 154 and 155 of your Assembly Packet) are not the actual Fee that will be charged consumers starting on July 1, 2018 (the beginning of the contract term). In fact,the actual fee is unknown at this time, as it will be adjusted on July 1, 2018. In other words, the draft contract states that the Monthly Service Fee will be $50.37 for residential customers. However, this fee, per the draft contract, will be adjusted on July 1, 2018, the first day of the contract term. This is how the adjustment and the Rate Cost Component work: The Monthly Service Fee is comprised of 5 different components, Collection & Admin Costs, Fuel, Fixed Cost, Disposal Cost, and Profit. On each July 1 of the contract term (7 years with 3 optional renewals) the following components will be adjusted, the Collection &Admin Cost, the Fuel Cost, and the Disposal Cost. The Fixed Cost and the Profit will remain constant over the term of the initial contract. The Collection & Admin Cost will be adjusted based off of 75% of the CPI (Consumer Price Index), the Fuel Cost will be adjusted based off of 75% of the PPI (Producer Price Index), and the Disposal Cost will be adjusted by 100% of any changes in the tonnage rate as charged by the KIB Landfill or by any change in the ratio between tons disposed and the number of customers served. A fairly thorough explanation of the Rate Cost Component is included on pages 28 – 32 in the Draft Contract that is found in your Assembly Packet (pages 157-161 of your Assembly Packet). When we projected Service Fee Costs in our Proposals, we had to break down the costs by the Rate Cost Component schedule. This allowed the reviewers to see what portions of our proposed costs were fixed, and what portions were adjustable. The most challenging part of this exercise was estimating Disposal costs. The disposal costs, was the single largest line item in my budget when estimating costs for this RFP. It is also the portion of the Service Fee that is most likely to be substantially adjusted. For example, if the KIB Landfill raises the cost per ton to dispose of solid waste as was done part way through this RFP, then the Disposal Cost component in the Service Fee will go up substantially (the consumer pays more money), if fewer customers start to throw away more trash, then the Disposal Cost component in the Service Fee will go up again (again, the consumer pays more money), but if more customers start to throw away less trash, then the cost goes back down for the consumer. If all proposers projected the exact same Service Fee, one would still not be able to evaluate the proposers until they compared the actual Rate Cost Component Schedule. One would hope that the KIB understands this, but without being able to see the actual comparison we don’t know if this is the case. Additionally, the RFP instructed users to use the current (at the time of the initial RFP release) rate of $258 per ton to estimate disposal costs. So, our projected Service Fee was based off a disposal rate of $258 per ton, not the actual rate of $323 per ton. It was unclear whether this adjustment would be made during the negotiations, or on July 1, when the term of the contract began. It is clear, that the residential Service Fee of $50.37, will change on July 1, 2018, what is unclear is by how much. Does the $50.37 consider the current price of $323 or is it based off $258? If the Service Fee is based off the $258 disposal rate, the fee will increase substantially. AGENDA ITEM #12.A. Item 5. Borough Staff changed an item in the Draft Contract, which is included in the Assembly Packet, from what was in the original RFP Sample Contract. This change has direct impact on the proposed residential and commercial rates. In the original RFP Sample Contract, under section 11.03.b., the first Annual Adjustment was to take place on July 1, 2019. I have attached a copy of this section as Appendix H, the applicable part is highlighted orange. This is important because the information we had to use to formulate our projected rates was information that was gathered in 2016. This information included number of residential and commercial customers, number of times per month the commercial customers were tipped, and the total tonnage of garbage disposed of. Any changes in any of those numbers would have a significant effect on actual disposal costs that are paid out to the KIB Landfill. When formulating our projected costs we had to estimate/guess what the real disposal numbers would be for 2018, so as to make sure we charged enough to cover what the actual disposal costs were. In other words, we had to estimate high, to make sure we were covered. Whatever projected costs we made in our proposals we would be held too for one year, until the First Adjustment date on July 1, 2019. However, under section 11.03.b. on page 28 of the Draft Contract, which is included in the Assembly Packet, (page 157 of your Assembly Packet) the first Annual Adjustment date was changed to July 1, 2018. This substantially affects how disposal costs would be figured and would have allowed one to project lower disposal costs, knowing that if disposal costs increased one would have an opportunity to adjust the ratebefore collection services began. It is unclear when Alaska Waste became aware that the first Annual Adjustment would come July 1, 2018 instead of July 1, 2019. But at this point, one must assume that their Service Fees, which are proposed in the Draft Contract, reflect that knowledge. If my company had been aware of this information, our projected prices would have been considerably lower. Item 6. Borough Staff recommended the Contract award based off incorrect factors.In the Staff Report located in your Assembly Packet, on page 91, Borough Staff recommends that the contract be awarded to Alaska Waste because Alaska Waste’s rate are substantially lower and because Alaska Waste’s qualification had substantially more depth in experience than Emerald Sanitation’s proposal. The RFP laysout the Evaluation Criteria that is to be used to evaluate the proposals, along with the relative weight that each factor is to be given. See the table below: Relative Weight of Evaluation Criteria Evaluation CriteriaRelative Weight Rate Proposal35% Qualifications and References15% Safety5% Technical25% Litigation, Regulations & Liability5% Contract Exceptions15% This table can be found on page 27 of the Draft Contract in your Assembly Packet (page 119 of your Assembly Packet). AGENDA ITEM #12.A. As you can see, Rate Proposal is to be given a Relative weight of 35%, however, there is no factor for “qualification had substantially more depth in experience”, as stated in the Borough Staff report.Substantial depth in experience would seem to reference having multiple employees with many years of experience in the Solid Waste Collection Industry. If this was the standard that the Borough intended to use, it should have been stated in the RFP. In actuality, the RFP states that proposers should have at least one individual on staff with at least 5 years of experience in the solid waste collection industry. This requirement can be found on page 20 of the Draft Contract in your Assembly Packet (page 112 of your Assembly Packet). Emerald Sanitation took no contract exceptions, has no history of litigation or regulatory compliance issues,answered all aspects of the technical portion of the RFP, has a zero loss on our related WC policies and no safety issues or violations, has excellent references, and has hired a consultant with over 5 years of experience in the solid waste collection industry. These areas should have all received full weighted percentage. This leaves the Rate Proposal, and as discussed in Items 4 & 5, it is not clear based off the information provided by Borough Staff, if Alaska Waste’s rates are in fact lower. Without a comparison of both companies Rate Cost Component and without both companies using the same date for the first Annual Adjustment, one cannot determine which rates are actually lower. Conclusion. It was and continues to be Emerald Sanitations goal to assure that the Community of Kodiak receives the best value for its Solid Waste Collection Contract. If all 3 extensions of this contract are exercised, the contract will cost the Community of Kodiak over 40 million dollars. This contract represents a long-term commitment to the Kodiak community and we would like to ensure that the Kodiak Island Borough fully evaluates all of its options. Please do not authorize the signing of Contract No. FY2018-07 until the issues raised in the letter have been adequately reviewed and addressed and the Borough has been instructed to give both proposers equal opportunity to respond to all negotiations. Thank you for your careful consideration, Sincerely, Samuel I. Rohrer, CEO Emerald Sanitation, Inc AGENDA ITEM #12.A. AGENDA ITEM #12.A. From:noreply@civicplus.com To:sam@klcak.com Subject:Online Form Submittal: Records Request Form Date:Thursday, July 20, 2017 10:08:28 AM Field not completed. AGENDA ITEM #12.A. Field not completed. Field not completed. AGENDA ITEM #12.A. Field not completed. Field not completed. Field not completed. AGENDA ITEM #12.A. From:Sam Rohrer To:"Laurie Pardoe";"dconrad@kodiak.us" Cc:"Bob Tucker";"mpowers@kodiakak.us" Subject:RE: Records Request Date:Monday, July 24, 2017 9:01:00 AM Attachments:image001.png Ms. Pardoe and Mr. Conrad, Thank you for the email on Friday, however I am not satisfied with the response. First, I was informed by email from Bob Tucker on 6/14/17 that copies of the proposals would be released after the Borough was done with the analysis. It would appear as the Borough is done with their analysis, since you have extended a Notice of Intent to award, and because that notice expressly says the Borough has completed their review. Based on that email, the proposals should now be released. Second, the Notice of Intent to Award Letter says that bidders wishing to protest this award may do so by filing a formal written protest within 10 days after announcement of the Notice of Intent to Award. Also, according to the letter, the written protest shall include, along with other items, copies of relevant documents and reasons for the proposal protest. If I am given no information as to why the Borough is extending a Notice of Intent to Award to Alaska Waste, nor I am given no information regarding their proposal, then I have no information by which to formulate a meaningful protest or to even decide if a protest is warranted. The Notice of Intent to Award letter was emailed on 7/19/17, today is 7/24, that now leaves me only 6 days to receive the information I have requested, research the information, and decided if a formal protest is warranted. Due to this short time period, I would request a brief meeting early this afternoon with Mr. Conrad and Mr. Powers to address my concerns. Thank you for your consideration and I look forward to your timely response, Sam Rohrer, CEO Emerald Sanitation Inc. From: Laurie Pardoe \[mailto:lpardoe@kodiakak.us\] Sent: Friday, July 21, 2017 4:38 PM To: sam@klcak.com Cc: Clerks <Clerks@kodiakak.us>; Bob Tucker <btucker@kodiakak.us> Subject: Records Request Good afternoon, Sam. I received a response to your records request that was submitted on July 20, 2017. Please see the information provided below. Thank you, AGENDA ITEM #12.A. Laurie Pardoe Deputy Clerk / Records Administrator Office of the Borough Clerk Kodiak Island Borough 710 Mill Bay Road, Room 234 Kodiak, AK 99615 P: 907.486.9310 F: 907.486.9391 lpardoe@kodiakak.us From: Dave Conrad Sent: Friday, July 21, 2017 12:59 PM To: Clerks Cc: Michael Powers; Bob Tucker Subject: Records Request - Sam Rohrer I have discussed this request with the manager and at this time the KIB’s position is that as the contract has not been awarded and that release of the requested information may compromise the possible negotiations with the apparent low bidder and the requestor’s firm, the KIB will not be releasing these documents until after a successful award has been approved. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #13.A.1.AGENDA ITEM #12.A. Limitation on Manager's Authority AGENDA ITEM #12.A. not times . AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. Limitation on Manager's Authority AGENDA ITEM #12.A. AGENDA ITEM #12.A. KODIAK ISLAND BOROUGH, ALASKA REQUEST FOR PROPOSALS FOR RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION AND RECYCLING SERVICES March 2017 For More Information Contact: Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Phone: 907-486-9343 By Fax or Email Only after RFP is Released: 907-486-9394 or btucker@kodiakak.us 1COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK AGENDA ITEM #12.A. KODIAK ISLAND BOROUGH RFP FOR RESIDENTIAL AND COMMERCIAL SOLID WASTE COLLECTION AND RECYCLING SERVICES TABLE OF CONTENTS Contents Page SOLID WASTE AND RECYCLING.............................................................................................2 COLLECTION SERVICES............................................................................................................2 1.0General Information.............................................................................................................4 2.0Scope of Services.................................................................................................................4 2.1Solid Waste Collection Service.......................................................................................5 2.1.1Residential Roll Cart and Dumpster/Roll Off Service................................................5 2.1.2Commercial Dumpster (Front Load) Service..............................................................6 2.1.3Roll Off (Drop Box) Service.......................................................................................6 2.2Potential Future Recyclables Processing and Other Recycling Services........................6 2.2.1Recyclables Processing................................................................................................7 2.2.2Central Recyclables Processing Facility......................................................................8 2.2.3Recycling Drop-off Centers.........................................................................................8 2.2.4Recyclables Collection Service....................................................................................8 2.2.5Community Outreach and Education...........................................................................8 2.2.6Recyclables from KIB Landfill....................................................................................9 2.2.7Quarterly Quantity Benchmark Submittal and Presentation to the KIB Assembly......9 2.2.8Future Recycling Options............................................................................................9 2.2.9Payment and Reporting..............................................................................................10 2.3Customer Service...........................................................................................................11 2.4Disposal.........................................................................................................................11 2.5Service Invoicing...........................................................................................................11 2.6Borough’s Options.........................................................................................................12 2.7Proposer Responsibilities...............................................................................................12 2.8Consequence of Submission of Proposal.......................................................................13 2.9Proposal Costs...............................................................................................................13 2.10Procurement Schedule...................................................................................................14 2.11Process Integrity Guidelines..........................................................................................14 3.0Background Information....................................................................................................16 3.1Geographic and Demographic Information...................................................................16 3.2Residential Solid Waste Collection...............................................................................17 3.3Recycling Collections and Processing...........................................................................17 3.4Current Commercial Solid Waste Collection Service and Amounts Collected............18 4.0Required Information.........................................................................................................18 5.0Process and Methodology..................................................................................................23 5.1Written Questions..........................................................................................................23 5.2Proposal Submission......................................................................................................24 5.3Clarification/Interviews.................................................................................................24 2COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK AGENDA ITEM #12.A. 5.4Minimum Content Requirements..................................................................................24 5.5Accuracy in Reporting Requested Information.............................................................25 5.6Evaluation Procedure.....................................................................................................25 5.7Evaluation and Selection Methodology.........................................................................26 5.8Contract Award..............................................................................................................26 APPENDIX A – SAMPLE COMMERCIAL COLLECTION CONTRACT...............................27 APPENDIX B – CURRENT ACCOUNT DATA, PER-TON DISPOSAL RATE, AND COLLECTION RATES.................................................................................................................28 APPENDIX C – RATE PROPOSAL FORMS AND CUSTOMER LIST....................................31 3COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK AGENDA ITEM #12.A. 1.0General Information The Kodiak Island Borough (KIB) is seeking a qualified contractor to provide solid waste collection and recycling services after the expiration of the Borough’s existing collection contract. The KIB plans to execute a new 7 year service agreement by October 5, 2017. In conjunction with the procurement of collection services, the KIB has developed a Solid Waste Management Plan (SWMP). The SWMP details all the system background information of the KIB as well as the strategic approach adopted by the Borough Assembly for managing waste over the next twenty years. IT IS STRONGLY RECOMMENDED THAT ANY POTENTIAL PROPOSER REVIEW THE SWMP PRIOR TO THE SUBMISSION OF THEIR PROPOSAL. The SWMP can be accessed at the Borough’s website (www.kodiakak.us). Proposals will be due on June 8, 2017. The Request for Proposals (RFP), Draft Agreement, and any Addenda will be posted on the Borough's website. Note that the SWMP calls future collection of recycling; however, the specific details for the recycling program are currently being developed by the Borough. The KIB retains the right to change the scope of services and add regular collection of residential and commercial recycling. In addition, other background information is posted on the website. If you have any problems reading the files on the website, please email the Borough’s Engineering and Facilities Director Robert Tucker at btucker@kodiakak.us or fax him at 907-486-9394 to have a copy forwarded to you in a compatible format. Proposers are encouraged to check the website at least weekly from the release of the RFP until the final award of contract(s) by the Borough Assembly. The KIB will post any Addenda on the website as they are issued and Borough staff will email all procurement documents to firms that have officially expressed interest in participating in this procurement process. If you have not already officially expressed such interest, please email Mr. Tucker at btucker@kodiakak.us to submit the appropriate form to make sure that you are fully involved in this process. 2.0Scope of Services The KIB has adopted the following objectives, which will be used as selection criteria with respect to this RFP process, and shall serve as the overarching goals of resulting service agreements: Provision of safe and reliable service at a competitive price; Minimization of the administrative burden on KIB staff; and, Collaboration with the KIB to solve challenges posed by solid waste and recycling services. Below is a summary of the scope of services. These services are more fully described in the Draft Contract in Appendix A. In the event that there is a conflict between the summary below and Appendix A, Appendix A shall take precedence over this summary. 4COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK AGENDA ITEM #12.A. The scope of services include two main types of services: (1) solid waste collection; and (2) future recyclables processing and other recycling services. This RFP process will result in the award of a contract for the provision of solid waste collection and disposal services only, and any services related to recycling are purely speculative. 2.1Solid Waste Collection Service Contractor will provide collection service to residential and commercial customers. Roll carts and Dumpsters currently in use will be available to the contractor to use in providing service: contractor will be responsible for providing roll-offs, and will be responsible for maintenance and replacement of roll carts, dumpsters, and roll-offs throughout the term of this contract. At the end of the contract term, Contractor will be obligated to enter into negotiations with KIB to sell or lease all or a portion of roll carts and dumpsters in service to KIB for no more than fair market value. 2.1.1Residential Roll Cart and Dumpster/Roll Off Service Contractor will provide roll cart service to every single-family household for solid waste within the roll cart areas, and provide roll off or dumpster service in the areas outside the roll cart areas. Currently, the majority of the containers outside the cart area are 20 cy roll-offs, with a few dumpsters in areas with space constraints (see listing in Appendix B). All containers in the bear aware areas shall be bear-resistant. A map of the bear aware areas is provided on the website. Businesses and multi-family dwellings that generate small quantities of waste that opt for a cart will also be serviced. Contractor will ensure that all containers are labeled with applicable policies and use instructions approved by the KIB for any new cart user. Basic operating instructions will be hot stamped onto carts. Any new or replacement roll carts provided shall be warranted for 10 years of service. Currently, roll carts in service are a mix of 32-, 65-, and 96-gallon sizes and residents are currently charged rates according to container size. Respondents should provide a single monthly rate that would be paid by all residential customers (for weekly service of a roll cart of any size or roll-off/dumpster service) with those rates to go in effect on the day that service commences. At that time, residents with roll cart service may request a change in cart size to either a 65- or 96-gallon cart. Thereafter, residents will be allowed to change their cart size at no charge at least once per year. Multi-family (apartment) complexes will receive commercial container service from the contractor with one exception. Multi-family complexes with 5 or less units (apartment dwellings) will be eligible for roll cart service; however, complexes with greater than 5 units will be required to obtain container service from the contractor if space for container storage is available. 5COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK AGENDA ITEM #12.A. Garbage will be collected weekly. Routing of collection vehicles should maintain existing route schedules; however, route days may be changed for some customers if meaningful efficiencies can be achieved. A map of the existing refuse route days is posted on the Borough’s website. 2.1.2Commercial Dumpster (Front Load) Service The contractor shall collect all garbage set out for disposal by commercial customers in acceptable front load collection containers. The contractor shall provide, when requested, all customers with assistance in determining container needs for garbage (and future recyclables). The contractor shall provide bear resistant dumpsters in designated bear aware areas. Contractor-provided containers shall be delivered by the contractor to requesting commercial customers within five (5) business days of the customer’s initial request. Receptacles shall be clearly identified by displaying the contractor’s name and telephone number prominently and conspicuously on the container. Receptacles must be clean and serviceable when delivered to the customer. 2.1.3Roll Off (Drop Box) Service The contractor shall provide roll off containers to commercial customers, and on-call to residential customers (e.g., cleanup or remodel), in accordance with the service level selected by the customer. The contractor shall provide and maintain roll off containers as required throughout the term of this contract. Both customer-owned and contractor-owned roll off containers shall be serviced. The contractor is not required to service customer containers that are not compatible with the contractor’s equipment. The contractor shall maintain a sufficient number of roll-off containers to provide delivery of empty containers by the contractor to new and temporary customers within three (3) business days after the customer’s initial request. The contractor shall provide dispatch service and equipment capable of collecting full roll off containers (and replacing it with an empty roll off if requested) on the same business day if the customer’s initial request is received before 10:00 a.m., and no later than the next business day if the customer’s initial call is received before 4:00 p.m. 2.2Potential Future Recyclables Processing and Other Recycling Services The Kodiak Island Borough (KIB) has adopted aggressive goals for increasing diversion from the waste stream disposed of in the landfill. To achieve these goals, the KIB is seeking a qualified contractor to provide recycling services in order to divert / reduce the volume of recyclable materials disposed of at the KIB Landfill. The contractor will, in cooperation with the KIB, promote and raise awareness along with increasing participation in the voluntary recycling / diversion program by reaching out and educating the Kodiak community. 6COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK AGENDA ITEM #12.A. KIB may elect to continue using its existing provider of recycling processing and other recycling services. If so, it will not execute the recycling processing and other recycling services described in Section 2.2 of this RFP. 2.2.1Recyclables Processing Currently, The Borough offers limited recyclables processing and other recycling services through a contract with Threshold Recycling Services, Inc. located on Von Scheele Way in Kodiak. Should KIB elect to award a contract for the provision of recycling services to the Contractor selected through this RFP process, such services would, generally speaking, be as follows. Contractor would be required to process an average of 650 tons per year, while guaranteeing diversion of this material to an established market or processor. Contractor must have adequate equipment and site capacity to accommodate fluctuations in this average, especially during the peak seasons, which may require capacity to process and/or store. Contractor will process, market, and ship recyclable materials off-island. Processing will include, but is not limited to, screening of non-recyclable materials and waste disposed with recyclable materials, baling or packaging materials for shipment, and shipping of materials to markets or high grade processors. The Contractor would be required to process the following classes of materials: 1)Corrugated Cardboard 2)Mixed paper and Paperboard 3)Newspaper 4)Plastics (including but not limited to #1 PETE and #2 HDPE, plastic sheeting / film) 5)Non-ferrous metals including but not limited to aluminum, aluminum containers 6)Bi-metal containers 7)Electronic waste The contractor may also propose expanding the recycling / diversion efforts by collecting and/or recycling other waste streams not listed above, such as used cooking oil, used motor oil, fluorescent light tubes, used batteries, and used toner or printer cartridges. Respondents should specify in proposals whether they intend to expand the services provided in the first year. From 2013 through 2016, the KIB Recycling Processor shipped the following quantities of materials, in tons, off-island for recycling: 7COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK AGENDA ITEM #12.A. Table 2-1 Annual Summary 2013Annual Summary 2014Annual Summary 2015Annual Summary 2016 PoundsTonsPoundsTonsPoundsTonsPoundsTons #1 PETE Plastic18,3009#1 PETE Plastic17,5349#1 PETE Plastic18,9639#1 PETE Plastic17,9659 #2 HDPE16,9688#2 HDPE14,8077#2 HDPE11,7096#2 HDPE11,6576 Mixed Paper285,309143Mixed Paper287,995144Mixed Paper333,596167Mixed Paper277,783139 Newspaper70,07135Newspaper21,67711Newspaper67,33934Newspaper63,40132 Office Paper170,45485Office Paper142,65771Office Paper140,21170Office Paper142,81071 Plastic Film27,01914Plastic Film34,73617Plastic Film44,38622Plastic Film23,16412 Cardboard822,654411Cardboard819,994410Cardboard981,162491Cardboard740,454370 Aluminum15,6598Aluminum13,9397Aluminum15,4938Aluminum15,6618 Bi-Metal Cans17,4229Bi-Metal Cans16,5428Bi-Metal Cans16,4918Bi-Metal Cans16,4458 Total:1,443,856722Total:1,369,881708Total:1,629,350815Total:1,309,340655 2.2.2Central Recyclables Processing Facility The contractor will establish a centralized base of operations where all recyclables collected from the community will be sorted / stored for shipment off-island for recycling. The facility will be operated in compliance will all applicable State and Federal regulations. 2.2.3Recycling Drop-off Centers The contractor will provide facilities that are readily accessible by the public to drop off recyclables (Drop-off Centers). With the exception of electronic waste, all materials shall be accepted free of charge. The contractor’s proposed fee for electronic waste recycling shall be provided in the rate proposal form included in Appendix D. A minimum of four (4) locations, not including the central processing facility described in Section 2.1 will be provided, located both within and outside the Kodiak urban area. The contractor will be responsible for maintaining / cleaning the drop-off centers. The contractor will regularly inspect the centers; centers must be inspected a minimum of three (3) times per week. One of the centers, located within the urban area, must be staffed by contractor personnel to assist the public five (5) days per week, two (2) of the five days must be Saturday and Sunday (excluding observed Borough holidays); the staffed drop off center must be open to the public a minimum of six (6) hours per day between the hours of 8 am and 8 pm. Upon one month’s notice from KIB, contractor will begin accepting glass at the processing facility. Once full, bins shall be transported to the KIB Landfill and unloaded at a location specified by KIB. The contractor will be compensated for transportation of glass to the landfill at a rate to be negotiated with KIB. 8COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK AGENDA ITEM #12.A. 2.2.4Recyclables Collection Service The contractor shall provide a fee-based recyclables collection service to business / commercial / residential customers. The contractor will pick up the recyclables at the business / residence as determined by the contractor and customer and deliver the materials to the contractor recycling facility. The contractor shall provide prices for pickup service in the rate proposal form included in Appendix D. 2.2.5Community Outreach and Education The contractor shall provide community outreach / education programs to promote recycling in the community, and educate the public regarding recycling sustainable practices. The contractor shall provide the following services: One event per school annually. Two community events, annually. A website with real-time notices of future events, information about available services, and contact information. Flyers in all local newspapers at least monthly. At least one radio advertisement weekly. Quarterly presentations to the KIB Assembly. Donation of collection bins and pickup service at annual Spring cleanup event. Participate in regularly scheduled Solid Waste Advisory Board meetings. Contractor shall provide an annual price for providing community outreach and education services in the rate proposal form included in Appendix D. 2.2.6Recyclables from KIB Landfill The KIB is planning to process recyclables such as cardboard and electronic waste diverted / removed from the KIB Landfill Baler tipping floor. The contractor will be required to receive the recyclables processed by the KIB Landfill staff. The cardboard will be separated, sorted, and then baled. The electronic waste will be separated, sorted, containerized (placed in either plastic totes or bulk cardboard containers (Gaylord boxes)). The cardboard bales and totes / boxes will be transported weekly, by the contractor, from the KIB Landfill Baler to the contractor central recycling facility. The contractor shall accept cardboard at its processing facility at no cost to KIB. KIB will pay the rate charged for delivery of electronic waste. The contractor will transport the materials from the landfill at no additional charge to the KIB. 2.2.7Quarterly Quantity Benchmark Submittal and Presentation to the KIB Assembly A quarterly report, submitted one month following the end of the Calendar Quarter, summarizing the recycling activities will be submitted to the KIB Engineering and Facilities Department. For the purposes of reporting, quarters will be July-September, October-December, January-March, and April-June. As an example, the July-September report will be due the last day of October. The report will include the volume and type of recyclables processed and then 9COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK AGENDA ITEM #12.A. shipped off-island, the shipping method, and the destination of the recyclables. The report will also include a summary of the community outreach / education program activities. The contractor shall present a summary of its quarterly activities to the KIB Assembly at the second monthly meeting the following the end of the Calendar Quarter. For example, presentation of the July-September summary will occur at the second Assembly meeting in October. The summary shall include, but not be limited to the volume of recyclables processed and then shipped off-island, community outreach and education efforts, and overall status. 2.2.8Future Recycling Options At present, the KIB and its contractor do not provide regular weekly recycling collection services to either residential or commercial customers: only limited subscription service is provided. It is anticipated that with the adoption of the SWMP, future collection of recyclable materials may be integrated into the services provided by the contracted waste hauler. The SWMP discusses a range of recycling and other waste diversion activities that KIB may seek to implement within the designated contract period beyond those outlined in Section 2.4. Those activities are described in the following sections of the SWMP: Section 4.5 Section 5.1.3 Section 5.2.1 Section 5.3 Section 6.4 Section 7, Table 20, Scenario C As part of their response to this RFP, respondents should describe any resources, expertise, and background they possess relevant to the recycling and other diversion activities discussed in the SWMP sections noted above. This information should be included as an appendix to the main proposal submitted by prospective service providers. Comments on the recycling and other diversion activities are welcome as well, and may be included in that appendix. Cost estimates for these services are not being requested at this time. The cost of any recycling services requested by KIB will be negotiated with the contractor. The recycling information will be considered in evaluating the proposer’s overall ability to meet the existing and potential solid waste management service requirements of the KIB. As portrayed in the SWMP sections noted above, those services could include but are not limited to, the following: Regular collection of commingled recyclables (excluding glass) from residential and commercial customers. Separate collection of yard waste. Operation of a composting facility / technology. 10COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK AGENDA ITEM #12.A. 2.2.9Payment and Reporting Payment for recycling services would be a monthly flat rate. The contractor will be responsible for monthly invoicing to KIB Engineering/Facilities Department. Contractor shall provide the KIB with certified scale records indicating the weight of recyclable materials shipped off the island to market or processor with their monthly invoice. Weight records shall be in a format acceptable to the KIB to include a print out of each certified scale entry invoiced. Typical information to be included in an Excel spreadsheet format includes, but is not limited to: material type, weight, shipping date, shipping manifest number, shipping manifest, amount paid or received from market or processor, and source of the recyclable material. Shipping manifest, amount recycled and residual amount disposed of will be used to verify invoiced amounts. The contractor shall provide documentation that satisfies KIB and will provide easily understandable and reproducible forms of backup information that is accurate and minimizes review time by KIB. The contractor shall provide any additional information to KIB which maybe reasonable in support of any payment request. Monthly invoices and backup shall be delivered to KIB no later than the end of the following month and shall be paid within thirty (30) days from the date of the invoice unless KIB notifies the contractor in writing of its reason fornot making payment of the sums requested. Invoicing older than 30 days will not be paid by the KIB. The contractor will be responsible for monthly reporting and disposal of all residual waste materials not recycled. Contractor will allow KIB representatives or its agent access to inspect facilities and records supporting the invoiced amounts during normal operating hours to assure compliance with the terms of the contract. In order to ensure the integrity of the amounts invoiced to the KIB for payment, any contractor that provides similar recycling services to other customers will be required to account for all materials processed. The KIB will reserve the right to inspect these records used to generate the monthly invoices as well as any other support documents that validate the claim for payment. 2.3Customer Service Contractor shall have on-island office staff or service available to accept customer calls and complaints at all times. Phone lines must be dedicated customer service phone lines with the contractor’s business name listed as a business in the telephone directory. 2.4Disposal All waste collected under this contract shall be disposed of at the Kodiak Island Borough Landfill/Baler Facility. The contractor will be responsible for the payment of all disposal invoices to the KIB. 2.5Service Invoicing Invoicing of all customers will be the responsibility of the contractor. The customer will be invoiced for collection services, waste disposal, container rental, taxes and fees, and any 11COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK AGENDA ITEM #12.A. additional selected services. All invoices will include service address, coverage of dates invoiced, and the rate for the customer’s level of service. Some of the key terms in the Draft Agreement are summarized below. The Draft Agreement makes reference to a number of Exhibits that are not currently included in the Exhibits to the Draft Agreement. These Exhibits will be based on the submittals from Proposers and will be inserted after award of the contract. If there are any discrepancies between this RFP and the Agreement, the requirements in the Agreement take precedence. The initial term of the Agreement will be for seven years. At the end of the fifth year, the KIB will consider extending the initial 7-year term of the Agreement for an additional three-year term. The maximum term of this agreement will be for 10 years. The contractor’s rates for solid waste will be adjusted on July 1 in the second full calendar year of the contract, and each following July 1, based on the change in a cost of living adjustment formula, including a fuel index and the consumer price index for the Anchorage metropolitan area (CPI-U). The contractor will pay KIB for disposal of solid waste at the KIB Landfill. Collection rates will be adjusted each year in accordance with a disposal cost adjustment method. The Agreement also includes a contingency for acts of God and other uncontrollable circumstances. Details regarding the calculation of the cost of living adjustment and disposal cost adjustment formulas are provided in the Draft Agreement. The KIB will have the right to approve the assignment of the Agreement. Any change in ownership without prior written approval from the KIB is cause for voiding the agreement. 2.6Borough’s Discretionary Options with Respect to this RFP KIB may, at its sole discretion: Issue addenda to the RFP, including extending or revising the time line for submittals, and modifying the terms of the RFP and/or Draft Agreements. Withdraw, reissue or modify the RFP and Draft Agreements. Withdraw the recycling processing and other recycling services part of this RFP (Section 2.2). Request clarification and/or additional information from any Proposer at any point in the procurement process. Arrange site visits of facilities of any or all Proposers for purposes of evaluation. Negotiate with more than one Proposer simultaneously for the services in this RFP. 12COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK AGENDA ITEM #12.A. Request Best and Final Offers (BAFOs) from one or more Proposer(s), sequentially or concurrently, for the services in this RFP and related tasks proposed. It is the Borough’s intent NOT to solicit BAFOs for the original scope of services. BAFOs may be used to request additional price clarification for a revised scope of services based on enhancements proposed by one or more of the Proposers. Accept a proposal that may not offer the lowest cost but offers the best overall proposal based on the company’s qualifications, technical proposal, and willingness to accept contractual terms as well as its rate proposal. Discontinue negotiations after they are commenced with a selected Proposer, if progress is unsatisfactory in the sole judgment of the KIB, and commence discussions with another qualified Proposer. Execute an Agreement with a Proposer on the basis of the original proposals and/or any other information submitted by the Proposers during the procurement process. Reject any or all proposals, waive irregularities in any proposals, accept or reject all or any part of any proposals, waive any requirements of the RFP, as may be deemed to be in the best interest of the KIB. 2.7Proposer Responsibilities with Respect to this RFP Before submitting any proposal in response to this RFP, each Proposer must: Thoroughly examine this RFP, including all enclosures and the Agreement; Become familiar with local conditions that may affect cost, progress, performance, or services described in this RFP, including inspection of the KIB’s terrain, streets and alleys; Consider all federal, state and local laws, statutes, ordinances, regulations and other applicable laws that may affect costs, permitting, progress, performance, or services; Inform KIB of any conflicts, errors, or discrepancies believed to exist in this RFP; Agree not to collaborate or discuss with other Proposers the content of any proposal prior to award, including any proposed rates; and, At the Proposer’s sole expense, make or obtain any additional examinations, investigations, studies, or inquiries as may be necessary to obtain such additional information and data that may affect costs, permitting, progress, performance or furnishing of the service and that the Proposer deems necessary to prepare its proposal. 2.8Consequence of Submission of Proposal Each proposal submitted in response to this RFP will constitute a binding representation and warranty by the Proposer that the Proposer has investigated all aspects of the RFP and its 13COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK AGENDA ITEM #12.A. proposal; that the Proposer is aware of the applicable facts pertaining to the RFP process; its procedures and requirements; that the Proposer has read and understands the RFP and has complied with every requirement; that without exception the proposal is premised upon performing and furnishing the services and equipment required by this RFP and the Agreement and such means, methods, techniques, sequences or procedures as may be indicated in or required by this RFP and the Agreement; and that the RFP is sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the project. The submission of a proposal shall not be deemed an agreement between the Proposer and the Borough. The proposal is a contractual offer by the Proposer to perform services in accordance with the proposal. Specifically, the following provisions apply: The KIB shall not be obligated to respond to any proposal submitted nor be bound in any manner by the submission of a proposal. Acceptance of a proposal by the KIB obligates the Proposer to enter into good faith negotiations based on the proposal submitted and ultimately to enter into an Agreement with the KIB for the performance of the services chosen by the KIB in its sole discretion. The Agreement shall not be binding or valid unless and until it is executed by the KIB and the selected Proposer, and any conditions precedent to its effectiveness have been satisfied. 2.9Proposal Costs The cost of investigating, preparing and submitting a proposal is the sole responsibility of the Proposer and shall not be chargeable in any manner to the KIB. The KIB will not reimburse any Proposer for any costs associated with the preparation and submission of proposals or expenses incurred in making an oral presentation, participating in an interview, or negotiating an Agreement with the KIB. 2.10Procurement Schedule The KIB has set the procurement schedule shown in Figure 2. This schedule may change at the KIB’s discretion. Figure 2 - Procurement Schedule Proposal ProcessMilestone 1. Issue RFP and AgreementWedMarch 15, 2017 2. Proposer comments due to KIBWedApril 12, 2017 3. Issue Final Addenda/revisionsSatApril 22, 2017 7. Proposals DueTueJune 13, 2017 8. Clarifications and InterviewsWedJuly 5, 2017 9. Complete Proposal Review and EvaluationWedJuly 26, 2017 10. Assembly Issue Intent to AwardWedAugust 9, 2017 14COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK AGENDA ITEM #12.A. Contract Award 1. Commence NegotiationsMonAugust 14, 2017 2. Assembly Award ContractThuOctober 5, 2017 3. Final Agreement executedTueOctober 10, 2017 4. Startup of New ServicesSunJuly 1, 2018 Price Escalation Details KIB establish new tonnage rateApril 15, 2018 Disposal Cost Adjustment to existing rates in July 1, 2018 effect Contractor calculate CPI/PPI/new rate sheetsApril 15, 2019 First CPI/PPI adjustment with new tonnage rate July 1, 2019 in effect 2.11Process Integrity Guidelines These guidelines impose restrictive administrative controls on the procurement process to help ensure both the reality and the perception of a fair and open process. Each Proposer is individually and solely responsible for ensuring compliance with the following specific guidelines. This responsibility extends to the Proposer's employees, agents, consultants, lobbyists, or other parties or individuals engaged for purposes of developing or supporting the Proposer's proposal. 1.Conflicts of Interest and Disclosure: Proposers shall comply with all KIB ordinances and State requirements regarding conflicts of interest and financial disclosure. 2.Forbidding Collusive Activities: Collusive activities among Proposers are expressly forbidden and will likely result in immediate disqualification of any involved parties. If two or more Proposers are developing a joint proposal, the joint Proposers must notify the KIB in writing no later than thirty (30) days prior to the deadline for submission of proposals. This notification will be kept confidential until after submission of all Technical and Rate proposals. 3.Forbidding Entertainment, Gifts, Etc.: Each Proposer is separately prohibited under these guidelines from promotional outreach, hospitality, entertainment, gifts, or other like activities directed toward KIB staff, elected or appointed officials, or proposal reviewers. After the KIB issues the RFP, Proposers shall warrant that no such gratuities have or will be offered or given by the Proposer, or any agent of the Proposer, to any KIB staff, elected or appointed officials, proposal reviewers, or to a consultant in order to secure the contract or favorable treatment concerning the RFP process. The Proposer shall disclose and describe any relationship or arrangement with the KIB or a consultant that could be deemed inconsistent with these guidelines, or with any state or local laws, prior to the submission of its proposal. 4.Award Guarantees: Proposers shall list anyone from the KIB or associated with the KIB, or anyone who has called the contractor to guarantee the contract would be awarded to them, if a percentage of the contract value were provided to them. 15COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK AGENDA ITEM #12.A. 5.All-inclusive, Written Proposals: Any information and materials to be utilized by the KIB during the proposal evaluation and selection process must be included as part of the original Technical and Rate proposals or submitted in response to a specific written request from the KIB. 6.Only RFP Information: Only KIB-provided information and materials in the RFP and Addendum, which are provided in writing to all Proposers and are posted on this project’s portion of the KIB’s website (at http://www.kodiakak.us) are to be utilized in developing the proposal. Any Proposer's reliance on other information and materials may result in non-responsive proposals due to inaccurate or incomplete information. 7.Written Inquiries: After the release of the RFP, all RFP-related communication with the KIB prior to the award of contracts must be in writing to the KIB by email to: Email: btucker@kodiakak.us Please include the phrase "Kodiak SW RFP" prominently in the Subject line. Any questions received will be sent to all Proposers (absent the name of the firm submitting it) with a response from the KIB. These may be sent as informal clarifications of the RFP documents, or as formal RFP Addenda. 8.Contact Constraints: Contacting any KIB staff member, Borough elected or appointed officials, appointees of Assembly to advisory committees, or proposal reviewers will result in disqualification of the Proposer. This includes disallowing contact through another person (as a messenger) or former assembly member, contact via any form of media such as e-mail or telephone, or in person. 9.Disqualification:Any evidence that indicates a Proposer has failed to comply with the specific Process Integrity Guidelines, or has otherwise substantially diminished the KIB's ability to award contracts in a timely manner and free of contention, will result in that Proposer’s disqualification and forfeiture of the Proposer’s proposal bond. The KIB reserves the sole right to disqualify any Proposer at any point in the process prior to contract award for failure to comply with this document. The Process Integrity Guidelines referenced in this section apply to all firms that ultimately submit a proposal. Any evidence which indicates a Proposer has failed to comply with the specific Process Integrity Guidelines, or has otherwise substantially diminished the KIB's ability to award contracts in a timely manner and free of contention, will result in that Proposer's disqualification. 3.0Background Information This section includes background information that provides customer information and waste quantity and disposal information. This data is provided for informational purposes only. The KIB does not certify the accuracy of the information provided. Proposers should not rely solely on this section for developing proposals and service costs. Proposers are responsible for an independent assessment of the KIB’s needs and of the Proposer’s ability to provide services to meet those needs. The KIB will not be liable for any losses due to the Proposers’ reliance on the operational information in this RFP. 16COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK AGENDA ITEM #12.A. 3.1Geographic and Demographic Information There are two political entities on Kodiak Island; the Kodiak Island Borough is the general government unit for the archipelago known as Kodiak and; the City of Kodiak. Both have a mayor and legislative body. The Kodiak Island Borough extends over 180 miles by 70 miles with a total land area of approximately 5000 square miles and encompasses approximately 200 islands. In 1989, additional lands were annexed on the Alaska Peninsula from Cape Douglas to Wide Bay. Moderate seasons, cloudy skies, and moderately heavy precipitation characterize climatic conditions. Average yearly rainfall is 70 inches with an average of 77.5 inches of snowfall. Wind is a significant presence in the community. Winds average 10-20 miles per hour, and it is not unusual or uncommon for Kodiak to experience wind gusts exceeding 50 miles per hour. Kodiak Brown Bears also have a significant presence in the community. Trash day along the roll cart areas offers a number of opportunities for bears (and other vectors) to get in garbage because waste that is placed on the curb is in non-bear resistant roll carts. In the areas of the Borough that do not have curbside pick- up there are roll-off containers being used that are bear resistant. However, they are not very customer friendly. The KIB’s concern regarding the bear population in the community, especially for the outlying areas of the Borough on the road system, will need to be particularly considered by a Proposer. In response, KIB has designated bear aware areas that require the use of bear resistant containers. In addition, Proposer will be expected to provide bear-resistant roll carts to elderly customers upon request. The bear aware areas are shown in Figure 1. Areas requiring bear resistant containers may be adjusted during the term of the contract should circumstances change. KIB is authorized to operate as a public utility as defined by AS 42.05.701 (2)(f) for the purpose of furnishing refuse services under Certificate of Convenience and Necessity No. 222. The KIB also operates the Class I landfill; the only landfill permitted in Kodiak to accept solid waste for disposal that serves a population of nearly 13,000. This population is small and stable with minimal growth forecasted over the next 30 years. Therefore, the solid waste collected and disposed of is expected to be relatively flat. The KIB provides collection, disposal and recycling services for residential, commercial, and industrial/institutional needs along the road system within the City of Kodiak, the Borough beyond the city limits, United States Coast Guard (USCG) base (disposal only; USCG has their own collection contract) and Port of Kodiak. The KIB Landfill is operated in accordance with all federal, state, and local regulations and statutory guidelines. 3.2Residential Solid Waste Collection Solid waste is generally collected in two methods. Individuals can self-haul their solid waste directly to the Landfill; however the primary method of collection is by a solid waste collection company under contract to KIB to collect solid waste from residential, commercial, industrial, and institutional entities along the regularly maintained public road system connected to the City of Kodiak. The general area of service extends along the road system from Chiniak, the Rocket 17COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK AGENDA ITEM #12.A. Launch Facility past Pasagshak to the KIB Landfill. Approximately 3,000 KIB residents are served by the collections contract. The USCG base maintains a separate and different collection contract from that of the KIB. There are two methods of residential collection: 1) non-mandatory curbside pickup within Kodiak City Limits, and one outlying roll cart area. 2) public rolloffs or dumpsters inside and outside Kodiak City Limits. Bulky item pick up is available for residential customers as a for-fee on-call service. Bulky items include water heaters, major appliances, furniture, and similar household items from residences. Only households within the City of Kodiak and the road system between the Landfill and Salonie Creek are eligible for the bulky item pick up service. The contractor hauls and delivers all collected garbage, construction/demolition debris, and bulky household items to the KIB Landfill. The collection contractor’s trucks are weighed before emptying MSW loads on the tipping floor. Billing for solid waste collection fees from residential and commercial customers is the responsibility of the contractor. The KIB Landfill is operated as an Enterprise Fund; the rates that the public shall be charged for collection and disposal of garbage are established by the contractor. The contractor shall establish the rates in accordance with the Draft Agreement, KIB’s establishment of the per-ton rate for disposal, and any applicable fees and taxes (at this time, there are no fees or taxes assessed). A portion of the fees collected by the contractor are returned to the KIB for the per-ton rate that is used to cover operational and disposal costs at the Landfill. The current per-ton rate for disposal and collection rate schedules are provided in Appendix B of this RFP. 3.3Recycling Collections and Processing Recycling is completely voluntary and includes cardboard, mixed paper, paperboard, newspaper, plastic #1 & #2, and aluminum cans. There are a finite number of dumpsters available for cardboard collection; KIB pays the collection contractor for these dumpster rentals and tips. Currently, cardboard dumpsters are taken to Threshold Recycling, Inc., a non-profit group partially funded by KIB to manage recycling. The KIB has a contract with Threshold to ship recyclables off-island. 3.4Current Commercial Solid Waste Collection Service and Amounts Collected Commercial establishments have three types of services available to them: roll carts (charged at the residential rate), dumpsters, and roll off containers, at varying sizes and collection frequency. The KIB is reimbursed for the disposal component of the rate by the actual tons delivered by the solid waste collection contractor times the per-ton disposal rate established by KIB. The current KIB solid waste management system is funded from two primary sources: collection rates charged to residents and businesses plus disposal rates charged at the landfill. The total commercial customer account count is rather stable at 221. On average, commercial accounts 18COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK AGENDA ITEM #12.A. are collected a minimum of once per week via a variety of container sizes. The current commercial collection account details are provided in Appendix B of this RFP as along with the current per-ton disposal rate and collection rate schedules. 4.0Required Information This section describes the information that Proposers should include in their proposals for the procurement process. Proposers must submit information in sections numbered as follows: 1.Company Profile 2.Management Experience 3.Customer Service 4.References 5.Safety Information 6.Litigation and Regulatory Compliance 7.Technical Proposal 8.Proposed Rates 9.Insurance 10.Exceptions to Contract Documentation Instructions on completing the rate proposal forms in Appendix C are included on each of the forms themselves. The combination of the responses outlined in this section (including the Rate Proposal Forms in Appendix C) are considered to be the Minimum Content Requirements Proposers must submit for all proposals. Failure to provide all Minimum Content Requirements in this section may be grounds for rejection of proposal. Proposers are required to provide this information in the same order as it is described below. Proposers are required to submit 3 copies (1 unbound and 2 bound) of this proposal and one electronic copy on thumb drive or CD. (Use MS Word or PDF for written technical proposal and Excel for the rate proposal.) For nationwide firms, responses should pertain only to the local operating division that will provide service to the KIB. The Required Information is designed to consider all aspects that will impact the quality and level of service. Criteria were formulated to consider qualifications, technical, contractual and financial factors. Selection criteria were intentionally designed to allow smaller haulers to compete, as the KIB does not wish to limit competition to a few big companies only. 1.Company Profile: 19COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK AGENDA ITEM #12.A. Proposers shall provide the following information about their firm: Name of the entity that would sign the agreement if the Proposer is selected Any other names under which the Proposer does business Primary contact name and title Secondary contact name and title Business office address Phone numbers E-mail address and website address (if available) Address where vehicles and containers would be kept for serving Kodiak Form of ownership (sole proprietorship, partnership, corporation, etc.) State of organization/incorporation Number of years in business Names and addresses of principals, corporate officers, and individuals with an ownership interest of greater than 10% Number of employees Name of local of union representing the Proposer’s employees (if any) Name of all entities involved in proposal Names of all partners in proposal if joint venture Federal Tax I.D. Number 2.Management Experience: Proposers should have at least one individual on staff with at least 5 years of experience in the solid waste collection industry with projects of comparable size and complexity. Designate two (2) individuals that will serve as the primary and secondary contact persons in the event the Proposer is awarded the contract. Provide an organization chart that highlights key staff that would be responsible for providing services to the KIB. Briefly describe relevant technical experience of individuals highlighted in your organization chart including at a minimum individuals who would be responsible for one or more of transition services during startup, daily operations, vehicle repair and maintenance, customer service, dispatch, and billing. Additionally, proposers should provide the KIB with professional resumes (including work history) for these individuals. Technical experience with recycling operations should be highlighted for relevant individuals. Highlight experience providing comparable service under the direction of at least one other public agency and a total comparable number of accounts as Kodiak. 3.Customer Service: Highlight how many phone lines will be available during transition and on-going, and how quickly calls are answered and responses provided. Provide a description of how customers may interact with you via your website. Highlight how KIB billing services, customer service and 20COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK AGENDA ITEM #12.A. dispatch are to be coordinated. 4.References. Proposers should provide the following information for three (3) customers to whom they currently provide or have previously provided similar services including at least one public reference. At least one of the references should include the provision of recycling collection and processing services. Jurisdiction / Company name and address Contact person name and title Phone and fax number Length of service Description of service (i.e., number of customers, services provided, etc.). References may be contacted by the KIB to evaluate the Proposer’s ability to maintain long-term relationships with customers and to ensure that cities and or Boroughs are satisfied with the service received. The KIB may contact other public or private individuals known to have contracted with the Proposer for additional background information. 5.Safety Information. The KIB would like to ensure safe and reliable service is provided to Borough residents and businesses. Proposers should provide the following safety information: Provide an affirmative statement that the Proposer has not received a citation or failure- to-abate notice in the last three (3) years from any Occupational Safety and Health Office. If this is not the case, Proposers should provide an explanation of the circumstances surrounding any such occurrence. Provide a copy of the Experience Rating Form used to determine the Proposer’s experience modification factor (used to calculate the Proposer’s workers compensation insurance premium). Please provide a list of any accidents in the past three years in which the Proposer was involved and in which the personal injury and/or property damage amount exceeded $10,000. Has your company experienced a workplace fatality within the past ten (10) years? If so, describe the circumstances that led to the fatality and actions taken by your firm to prevent future occurrences. Does your company have a program in place to discipline workers that perform unsafe work practices? If so, please provide describe that program. Does your company hold “tailgate/toolbox” safety meetings? If so, please describe what they include and how frequently such meetings are held. 6.Litigation and Regulatory Compliance: The KIB would like to minimize the KIB’s long-term liability and contract administration burden on staff. To highlight how that will be done, Proposers should provide the following 21COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK AGENDA ITEM #12.A. documentation related its company, partner or subsidiary in this venture, subcontracted hauler, or any corporate officer: 1)Highlight the nature of any current or litigation within the past five (5) years that might have any bearing on the Proposer’s ability to provide service in the Borough. 2)List any liquidated damages, administrative fines, charges or assessments that total Ten Thousand Dollars ($10,000) or greater during the past five (5) years related to collection services provided by the Proposer. 3)List any violations of conflict of interest provisions related to collection services provided by the Proposer. 4)List any convictions of (or plead ‘no contest’ to) any criminal activity, or significant municipal code violation, within the last 10 years. 5)Document if any company or any corporate officer has voluntarily or involuntarily declared bankruptcy or has been involved within the past five years in litigation: arising out of performance of a solid waste or recyclables collection contract or violation of environmental laws, regulations or permits; arising out of or connected with violation of state or federal antitrust laws; or arising from or connected with allegation of corrupt practices. 6)Information about any enforcement actions, order, decree, or notices of violation of any environmental laws, regulations or permits received by the Proposer or received by local facilities operated by the Proposer during the past five (5) years. For each violation, if any, please provide the following information: The agency that issued the notice of violation. A description of the violation. The dollar amount of any fine associated with the violation. The reason the violation occurred. The corrective action taken to prevent re-occurrence of the violation and any measures taken to mitigate the violation. Proposers should not have: Incurred any significant adverse regulatory enforcement actions. Committed any significant breaches of agreements with any governmental agency or found liable for any conflict of interest violations. Been convicted of (or plead ‘no contest’ to) any criminal activity, or significant municipal code violation, within the last 10 years. The KIB shall determine, in its sole discretion, whether an enforcement action or breach of agreement is “significant.” 22COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK AGENDA ITEM #12.A. 7.Technical Proposal: Proposers are requested to provide information to address the following components of the service to be provided to the KIB. All equipment, and vehicle specifications should provide for sound, reliable service that satisfies the minimum requirements of the Agreement and contingencies. Provide a description of the methods being proposed for solid waste and recyclables collection. This should include the collection method, number of trucks used, crew size, and service days. Provide a description of any special equipment that is proposed for solid waste and recyclables collection. Provide a description of the age and type of vehicles that will be used in the KIB. Proposer must demonstrate their capabilities to obtain the vehicles needed. Equipment must meet the technical qualifications detailed in the Draft Agreement, including performance standards for safety, quality, painting and cleanliness of trucks and storage containers. Provide a narrative description and schedule that highlights your transition plan, including the following activities (where applicable): Account verification Account transfer, set-up, and billing Problem resolution resources and procedures telephone systems Telephone system Website Other information technology requirements Vehicle acquisition Container removal (where required) Container procurement, preparation, and delivery (roll carts, dumpsters, roll offs) for refuse (as needed) and recyclables A map and description for anticipated changes to days of week service is provided When and how you will contact customers to introduce your firm and any service changes Start of service For recycling, address the following: Provide a description of the method(s) being proposed for the processing of recyclable materials. Provide a description of the proposed markets or processers that will be utilized in the execution of this agreement, any special equipment that is proposed for processing, and the area(s) where materials will be stored prior to shipment off-island. Provide the address where materials will be processed (facility zoning compliance). Provide a detailed inventory of equipment, facilities, and human resources needed to perform the tasks proposed. List probable subcontractors, along with their inventory of resources (labor, equipment, other) dedicated to the project. 23COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK AGENDA ITEM #12.A. The KIB has supported the recycling activities in the past by providing financial and operational support of this program and expects all Proposers to maintain the current level of diversion. The Proposer is required to submit a brief plan which demonstrates the ability to meet quarterly quantity benchmarks. The plan needs to include the proposed recycling activities such as community and business outreach, recycling services, and expected material quantities. 8.Rate Proposal: The Proposer is required to submit a Rate Proposal using the worksheets included in the Excel file Appendix C - Rate Proposal.xlsx attached as Appendix C. Proposers are required to enter their proposed unit rates. Proposers should refer to the instructions in the excel file for completing the forms. The file will calculate an estimate of the total annual cost for collection and recycling service in a representative year. This will be the basis for comparing costs among Proposers. When complete, Proposers should rename the file with your firm name at the end of the file name (e.g., Appendix C - Rate Proposal ABC Collection.xlsx), and submit the file on a thumb drive or CD as part of your submittal. The Rate Proposal should be consistent with the technical proposal highlighting the services to be performed. Annual costs should be reasonable and consistent with the technical proposal. Assumptions used in developing costs should be documented and should be reasonable as well. 9.Insurance: Proposers should provide evidence of the ability to procure the required insurance described in the Draft Agreement in Appendix A. Proposers should submit certificates of insurance demonstrating that they currently carry the types of insurance and levels of coverage described in the Draft Agreement. Alternatively, Proposers may submit a letter from their insurance broker that they are able to obtain the types of insurance and levels of coverage described in the Draft Agreement. 10.Contract Exceptions: The Draft Agreement in Appendix A is provided to inform Proposers of the KIB’s intentions regarding the roles, responsibilities, and obligations of the Proposer and the KIB. The KIB is interested in selecting a contractor that is prepared to agree to the KIB’s terms. Proposers may, if necessary, take exception to one or more business terms in the Draft Agreement. Any exception should be accompanied by proposed specific alternative language. However, the number, and more importantly, the substantive nature of the exceptions will be compared to those noted by the other Proposers during proposal evaluation. Proposers will rate higher in this criteria if the exceptions are not significant and are not likely to extend negotiations, make contract management more difficult, or cause the KIB to incur more cost or risk. If, in KIB’s sole opinion, the exceptions are significant, the KIB may reject the proposal 24COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK AGENDA ITEM #12.A. regardless of its other merits and proposed rates. If the KIB chooses to enter into negotiations with the Proposer, the negotiations on issues of concern to the Proposer will be limited to the Proposer comments and recommended alternative Agreement language. 5.0Process and Methodology The details of the RFP submission process and schedule are described below. 5.1Written Questions Submit written questions and requests for clarification or additional information regarding the meaning or intent of the RFP content, its process and enclosures to the Borough’s Engineering Director at btucker@kodiakak.us. The KIB may not be able to respond to questions received after April 12, 2017. Responses and RFP Addenda will be sent by email to all those who have expressed interest in this request for proposal that provided the KIB with an email address. All formal documents of this RFP process will be posted on the Borough’s website at: http://www.kodiakak.us Documents posted will include the RFP, Draft Agreement, responses to written questions and Addenda. Proposers are urged to monitor this website regularly, at least weekly once the RFP has been released. 5.2Proposal Submission Submit 1 unbound original and 2 copies of your proposal on recycled paper plus the electronic copy on thumb drive or CD to the KIB on or before 3:00 p.m. Alaska Time on June 8, 2017. Proposals should be sealed and marked “Kodiak Solid Waste Collection and Recycling Proposal.” Sealed proposals should be mailed or delivered (not faxed) to the Kodiak Island Borough Manager’s office: Kodiak Island Borough Office of the Borough Manager Room 125 710 Mill Bay Road Kodiak, AK 99615 To the extent allowed by law, the KIB will maintain portions of the proposal documents marked as “Proprietary” as confidential. 5.3Clarification/Interviews Proposers may be asked to clarify proposal information; the clarification period will begin after the proposals are submitted and evaluated. After the evaluation has been completed the top two or three proposers will be expected to submit written clarifications, if requested. 25COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK AGENDA ITEM #12.A. 5.4Minimum Content Requirements All proposals should include the following: 1.Cover letter (not exceeding four pages) providing: Name, address, and telephone, and email of applicant and key contact person. A written statement warranting that the requirements of the project as described in this RFP, its enclosures, and all addenda, by listing all addenda and dates received hereto, have been reviewed and the Proposer has conducted all necessary due diligence to confirm material facts upon which the proposal is based. A written statement acknowledging that the terms of both the proposal and the rates proposed as submitted by Proposer are firm throughout the RFP evaluation and selection process. An officer or agent of the Proposer who is duly authorized to bind the Proposer should sign the cover letter. In signing the cover letter the Proposer agrees that the terms of both the technical proposal and the rate proposal as submitted by Proposer are firm for a period of 180 days from the proposal due date. 2.Responses to all information requested in Section 4. Organize your responses into the components outlined in Section 4 in the specified sections and order specified within each section. All pages of the proposal should be numbered for reference. 5.5Accuracy in Reporting Requested Information Information submitted as part of the proposal will be subject to verification. Inaccurate information or information that is misleading will be, at the KIB’s sole discretion, grounds for disqualification of a proposal from further consideration. Should the company have been awarded any Agreement as a result of this RFP; such inaccurate or misleading information will be, at the KIB’s sole discretion, grounds for default of the Agreement. 5.6Evaluation Procedure Proposals submitted by the Proposers will be judged through the evaluation process outlined in this section. It is intended that the selected Proposers will be chosen based on the outcome of this evaluation. The following evaluation and selection process will be used: All Proposals received by the submission date indicated in this RFP will be catalogued. Proposals will be checked for both meeting the Minimum Content Requirements and verification of accuracy and integrity of information submitted. Proposals will be distributed to the KIB’s evaluation team for detailed evaluation. Proposer(s) may be asked to attend personal interviews to discuss their proposals and/or to provide additional information in writing at the KIB’s request. Proposals that do not meet the Minimum Content Requirements will not be given further consideration. Borough Assembly will be notified of all the firms that submitted proposals and provided a list of all the firms that met the Minimum Content Requirements. 26COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK AGENDA ITEM #12.A. The evaluation team will then evaluate all the Minimum Content information and assign a rank to each of the Proposers. The evaluation team will recommend the highest-ranking Proposer(s) to provide the services considered in this RFP. The evaluation team will also direct the KIB’s 1 consultants to seek Best and Final Offers from Proposers, if desired by the KIB. Once all of these evaluations are completed, KIB staff will then review recommendations from the evaluation team and provide the final recommendations to the Borough Assembly for their consideration in a work session. Borough Assembly will vote on the intent to award the contract, with that vote anticipated to occur on August 9, 2017, at which time negotiations will commence. It is anticipated that the Borough Assembly will vote on awarding the contract on October 5, 2017. Information regarding other Proposers and their submittals will be released after contract award. The KIB’s position on all the major service and contractual issues are represented in the RFP and accompanying Agreement. If for any reason during the course of negotiations with the selected Proposers the KIB determines in its sole discretion that a reasonable Agreement cannot be awarded, the KIB reserves the right to stop considering the selected Proposer, contact the next highest ranked qualifying Proposer(s) and consider signing an Agreement with the additional selected Proposer(s). The KIB further reserves the right to enter simultaneous negotiations with multiple Proposers if the KIB decides to adjust the proposed Agreement before executing it. The selected contractor will begin servicing the community on July 1, 2018. 5.7Evaluation and Selection Methodology The following evaluation criteria are designed to evaluate proposals by considering all aspects of the Required Information that will impact the quality and level of service. Criteria were formulated to consider cost, qualifications, safety, technical factors, litigation and regulatory compliance, and contractual factors of each proposal. Each proposal will be evaluated according to these six evaluation criteria. In performing the overall evaluation of each proposal, these criteria will be given the relative weight shown in Table 3. Table 3 – Relative Weight of Evaluation Criteria Evaluation CriteriaRelative Weight Rate Proposal35% Qualifications and References15% Safety5% Technical25% Litigation, Regulations & Liability5% Contract Exceptions15% 1 It is the KIB’s intent NOT to solicit BAFOs for the original scope of services. BAFOs may be used to request additional price clarification for a revised scope of services based on enhancements proposed by one or more of the Proposers. 27COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK AGENDA ITEM #12.A. 5.8Contract Award The Contract will be awarded based on best value (as defined by the criteria in Table 3). KIB reserves the right to award a contract to the lowest responsible bidder whose proposal is the most responsive to the needs of the KIB. The winning proposer will be required to submit to the Borough within 60 days after the formal award the following documentation: 1.Final Transition Plan 2.Customer Complaint Protocol (procedures for addressing customer complaints) 3.Customer Billing Procedures 28COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK AGENDA ITEM #12.A. APPENDIX A – SAMPLE COMMERCIAL COLLECTION CONTRACT This Appendix includes the following items: Sample Collection Contract to be executed between the Kodiak Island Borough and the selected contractor. 29COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK AGENDA ITEM #12.A. APPENDIX B – CURRENT ACCOUNT DATA, PER-TON DISPOSAL RATE, AND COLLECTION RATES CURRENT ACCOUNT DATA As of the end of 2016, the following service levels were in effect: Residential Customers Roll-Cart CustomersCount 32 Gallon 416 64 Gallon 726 96 Gallon 474 Customers with Dumpster Service1,371 Total 2,987 Residential Roll-Offs and Dumpsters There are 19 residential 20 cubic-yard, bear resistant rolloffs in service at the following locations: Borough Area LocationCapacity Helo Pad Spruce Cape Drive 20 Yard Spruce Cape Spruce Cape Drive 20 Yard Puffin Drive Puffin Drive 20 Yard Carroll Way Carroll Way 20 Yard Sunset Drive Sunset Drive 20 Yard Three Sisters Three Sisters 20 Yard Chiniak School Main Street 20 Yard Department of Transportation DOT20 Yard PasagshakPasagshak20 Yard Sharatin Sharatin Drive 20 Yard ParksideParkside Road 20 Yard ParksideParkside Road 20 Yard Russian River Russian Creek Road 20 Yard SargentSargent Creek Road 20 Yard SargentSargent Creek Road 20 Yard Von Scheele Von Scheele 20 Yard WoodlandWoodland20 Yard Arctic Tern Arctic Tern 20 Yard Selief Selief 20 Yard In addition, two 5 cubic yard bear-resistant dumpsters are located at the intersection of Oak and Hillside. 30COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK AGENDA ITEM #12.A. Commercial Dumpsters The number of commercial front-load containers in service follow. Service frequency ranges from one to six hauls per week. Container Size Count 2.0 Cubic Yard 49 2.6 Cubic Yard 45 3.6 Cubic Yard 76 4.0 Cubic Yard 35 5.0 Cubic Yard 27 5.5 Cubic Yard 86 8.0 Cubic Yard 1 4.0 Cubic Yard, bear resistant1 Total 324 Roll-off/Hook Lift Roll-Off and Hook lift services are provided to customers whose volumes and material cannot be serviced in a front load container. These customers consist of primarily construction companies and a few local businesses with 30 Yard Compactors. All residential roll-off containers are serviced with a hook lift truck. Service is provided for both disposal and recycling. In addition to the residential rolloffs mentioned above, there are 10 10 cubic yard (cy), 9 15 cy, 6 20 cy, and 6 30 cy containers in service. PER-TON DISPOSAL RATE Currently, the KIB Landfill charges $258 per ton for disposal of solid waste. A complete listing of the rates charged for different materials is available on the KIB website at http://ak-kodiakisland3.civicplus.com/bids.aspx COLLECTION RATES The following rates became effective July 1, 2016. Residential Roll-Cart and Residential Dumpster/Roll Off Service Monthly ServiceRate 32 gallon roll-cart$40.12 64 gallon roll-cart$49.34 96 gallon roll-cart$56.83 Dumpster/Roll Off$58.83 Roll-cart service is provided weekly. Dumpsters/Roll Off are picked up on an as-needed basis. 31COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK AGENDA ITEM #12.A. Commercial Dumpster Service The following rates include the cost of disposal, and were effective as of July 1, 2016. 2 yard2.6 yard3 yard3.6 yard4 yard5 yard5.5 yard6 yard8 yard 1x/week $251.40$338.40$396.40$467.80$515.40$595.82$636.02$676.23$852.14 2x/week $502.79$676.80$792.80$935.60$1,038.80$1,191.63$1,272.05$1,352.47$1,704.28 3x/week $754.19$1,015.20$1,189.20$1,403.40$1,546.19$1,787.45$1,908.07$2,028.70$2,556.42 4x/week $1,005.58$1,353.59$1,585.60$1,871.20$2,061.59$2,383.26$2,544.10$2,704.93$3,408.56 5x/week $1,256.98$1,691.99$1,982.00$2,338.99$2,576.99$2,979.08$3,180.12$3,381.17$4,260.70 Commercial Roll Off Service The following rates exclude the cost of disposal or recycling: customers are billed the actual cost of disposal or recycling. Rates were effective July 1, 2016. Rate per Roll-Off Sizepull 10-20 yard, non compacted$157.70 30-40 yard, non compacted$209.87 10-29 yard, compacted$157.70 30-39 yard, compacted$209.87 Excludes the cost of disposal or recycling, which is a pass-through. 32COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK AGENDA ITEM #12.A. APPENDIX C – RATE PROPOSAL FORMS AND CUSTOMER LIST This Appendix includes the following items: Rate Proposal Forms and instructions (in separate attached Excel file, Appendix C – Rate Proposal.xlsx). Commercial Customer list from July 2016. These forms included for this review are for information purposes and contractor input. These sheets will be required to be completed as part of the Proposal. Forms that are not completed in full may result in disqualification. However, the purpose of the forms contained herein is not intended in any way to limit the type, quality or quantity of data and information supplied by the Proposer. RATE PROPOSAL INSTRUCTIONS Proposers Responsibility for Use of Electronic Spreadsheet To assist Proposers in submitting their rate and cost information, the KIB is providing to each Proposer the Rate Proposal Forms in electronic format in a Microsoft Excel spreadsheet, titled Appendix C - Rate Proposal.xlsx. Proposers are required to submit rate proposals using the electronic spreadsheet on a thumb drive or CD. The spreadsheet contains formulas and cell references that are consistent with these instructions. However, it is the Proposers’ responsibility to ensure that the formulas and cell references function properly. On each of the Forms, Proposers are required to enter information in the cells highlighted in yellow. 33COLLECTION AND RECYCLING SERVICES RFP | Kodiak Island Borough, AK AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. AGENDA ITEM #12.A. 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AGENDA ITEM #13.B.2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 AGENDA ITEM #13.B.2. 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 AGENDA ITEM #13.B.2. AGENDA ITEM #13.B.2. AGENDA ITEM #13.B.2. AGENDA ITEM #13.B.2. AGENDA ITEM #13.B.2. AGENDA ITEM #13.B.2. AGENDA ITEM #13.B.2. 3232 AGENDA ITEM #13.B.2. AGENDA ITEM #13.B.2. AGENDA ITEM #13.B.2. AGENDA ITEM #13.B.2. AGENDA ITEM #13.B.2. AGENDA ITEM #13.B.2. Request a Title 18 Land Disposal review, per Chapter Case 18-013 Location 18.20 KIBC, to consider disposal of a portion of Lot 717 Rezanof Drive East 5A-1B, U.S. Survey 2538A. The Intent of this disposal Applicant is to approve a three-year lease of the property to Kodiak Island Borough Providence Health and Services for continued use as the Kodiak Island Counseling Center. ! ( µ AGENDA ITEM #13.B.2. AGENDA ITEM #13.B.2. AGENDA ITEM #13.B.2. AGENDA ITEM #13.B.2. AGENDA ITEM #13.B.2. Public Services & Facilities Goal: Work with private, Native and other organizations to support provision of cost-effective health care services for all Borough residents. Policy: Support efforts to expand or improve facilities associated with the Kodiak Island Hospital to meet identified community health care needs o Implementation Action: Continue to coordinate with private, native, and other organizations. o Implementation Action:Explore opportunities to add medical services, such as mental health services and a birthing center. Land Use Goal:Regulate and manage land uses to balance the rights of private property owners with community values and objectives. Policy: o Implementation Action:Identify an adequate supply of land in each community to meet future residential and other land development needs based on future population and employment growth projections, assumptions about the type and land requirements for the projected uses, and conditions or constraints that may affect development. Consider the use of public or private Native-owned lands to help meet these needs. AGENDA ITEM #13.B.2. AGENDA ITEM #13.B.2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 AGENDA ITEM #13.B.2. 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 AGENDA ITEM #13.B.2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 AGENDA ITEM #13.B.2. 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 AGENDA ITEM #13.B.3. AGENDA ITEM #13.B.3. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 AGENDA ITEM #13.B.3. 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 AGENDA ITEM #13.B.3. 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111. 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 AGENDA ITEM #13.B.3. 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 AGENDA ITEM #13.C.1. AGENDA ITEM #13.C.1. 1 Version 2 2 Modifying reconsideration 3 timeline from 10 days to 20 days 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 AGENDA ITEM #13.C.1. 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 AGENDA ITEM #13.C.1. 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 AGENDA ITEM #13.C.1. 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 AGENDA ITEM #13.C.1. 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 AGENDA ITEM #13.C.1. 225 226 AGENDA ITEM #13.C.1. 1 Version 2 2 Modifying reconsideration 3 timeline from 10 days to 20 days 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 AGENDA ITEM #13.C.1. 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 AGENDA ITEM #13.C.1. 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 AGENDA ITEM #13.C.1. 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 AGENDA ITEM #13.C.1. 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 AGENDA ITEM #13.C.1. 225 226 AGENDA ITEM #13.C.1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 AGENDA ITEM #13.C.1. 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 AGENDA ITEM #13.C.1. 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 AGENDA ITEM #13.C.1. 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 AGENDA ITEM #13.C.1. 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 AGENDA ITEM #13.C.1. 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 AGENDA ITEM #13.C.1. 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 AGENDA ITEM #13.C.1. 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 AGENDA ITEM #13.C.1. 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 AGENDA ITEM #13.C.1. 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 AGENDA ITEM #13.D.1. AGENDA ITEM #13.D.1. AGENDA ITEM #13.D.1. Kbovbsz!3:-!3129! ! Tfou!wjb!fnbjm!boe!VTQT!nbjm! ! Njdibfm!Qpxfst! Lpejbl!Jtmboe!Cpspvhi! 821!Njmm!Cbz!Spbe! Lpejbl-!BL!!::726! ! Efbs!Ns/!Qpxfst;! ! Uif!Qsjodf!Xjmmjbn!Tpvoe!Sfhjpobm!Djuj{fot(!Bewjtpsz!Dpvodjm!)QXTSDBD*!jt!xsjujoh!up!bewjtf! zpv!uibu!Bm!CvsdiÉt!ufsn!po!pvs!Cpbse!pg!Ejsfdupst!fyqjsft!bu!uif!vqdpnjoh!Nbz!4.5-!3129-! boovbm!nffujoh!jo!Wbmef{/!!! ! Uif!efejdbufe!tfbu!gps!uif!Lpejbl!Jtmboe!Cpspvhi!jt!jut!pqqpsuvojuz!up!jogmvfodf!efdjtjpot! ibwjoh!qspgpvoe!jnqmjdbujpot!gps!pjm!usbotqpsubujpo!tbgfuz!jo!Bmbtlb-!boe!gps!uif!tubuf(t!pjm! tqjmm!qsfwfoujpo!boe!sftqpotf!dbqbcjmjujft/!!Xf!hsfbumz!wbmvf!zpvs!qbtu!qbsujdjqbujpo/! ! Lpejbl!Jtmboe!Cpspvhi!xpvme!cftu!cf!tfswfe!cz!b!sfqsftfoubujwf!xip;! Voefstuboet!ifs0ijt!pshboj{bujpo!boe0ps!dpnnvojuz-!jut!offet-!dpodfsot!boe! qfstqfdujwft<! Ibt!bu!mfbtu!b!svejnfoubsz!gbnjmjbsjuz!xjui!pjm!usbotqpsubujpo!jttvft<! Ibt!b!ipnf!boe!xpsl!tdifevmf!gmfyjcmf!fopvhi!up!bmmpx!qbsujdjqbujpo!boe!usbwfm<! 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Lpejbl!Jtmboe!CpspvhiÉt!ofyu!uxp.zfbs!ufsn!po!uif!QXTSDBD!cpbse/!!Jefbmmz-!uijt!joejwjevbm! xjmm!uifo!cf!fyqfdufe!up!buufoe!pvs!Nbz!4.5-!3129-!nffujoh!jo!Wbmef{!gps!dpogjsnbujpo!boe! qbsujdjqbujpo/!!Jg!Bm!Cvsdi!xjmm!dpoujovf!up!cf!zpvs!sfqsftfoubujwf-!xf!btl!uibu!zpv!tujmm! opujgz!QXTSDBD!jo!xsjujoh/! ! Jg!zpv!ibwf!gvsuifs!rvftujpot!bcpvu!uif!QXTSDBD!ps!uif!sftqpotjcjmjujft!pg!jut!ejsfdupst-! qmfbtf!epo(u!iftjubuf!up!dbmm/!!Uibol!zpv!gps!zpvs!dppqfsbujpo-!boe!xf!mppl!gpsxbse!up!uif! Lpejbl!Jtmboe!CpspvhiÉt!dpoujovfe!dpousjcvujpo/! ! Tjodfsfmz-! ! ! Kfoojgfs!Gmfnjoh! Fyfdvujwf!Bttjtubou! ! Dd!wjb!fnbjm;!!Bm!Cvsdi! AGENDA ITEM #13.D.1. AGENDA ITEM #17.A.1. AGENDA ITEM #17.A.1. AGENDA ITEM #17.A.1. AGENDA ITEM #17.A.1. AGENDA ITEM #17.A.1. AGENDA ITEM #17.A.1. AGENDA ITEM #17.A.1. AGENDA ITEM #17.A.1. AGENDA ITEM #17.A.1. AGENDA ITEM #17.A.1. AGENDA ITEM #17.A.1. AGENDA ITEM #17.A.1. AGENDA ITEM #17.B.1. AGENDA ITEM #17.B.1. AGENDA ITEM #17.B.1. AGENDA ITEM #17.B.1. AGENDA ITEM #17.B.1. Kodiak Island Borough Engineering & Facilities Department Projects Office 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9210 Fax (907) 486-9347 To: Michael Powers, Borough Manager Cc: Bob Tucker, E/F Director From: Matt Gandel, Project Manager/Inspector RE: Change Orders for Period Ending January 31, 2018 Below is a summary of approved change orders for capital projects for January 2018: KFRC Digital Data Controls Upgrade Long Building Technologies, Inc. – Contract 2017-41 Change Order #01 - $10,122.00 Re-wire existing boiler controls to provide proper 2 stage controls, including: Provide and install new transformers and mount them in the boiler room next to the existing disconnects. Run 480 volt wiring to new transformers and run wire 120 volt wiring to boilers. Run additional control wiring to the control panel location and interlock the high and low firing for each boiler. Verify programming for 2 stage boiler operation as required. Change Orders – January 2018 AGENDA ITEM #17.B.1. 2,487 27,417 226,616192,433333,381533,771287,433 162,325216,548 1,982,410 Remaining $ $ $ $ $ $ $ $ $ $ ---- (620) (92,326) (234,936) (885,533) (1,463,452) (2,676,867) Obligated $ $ $ $ $ $ $ $ $ $ (55,006) (586,882)(826,995)(822,526)(405,382) (852,023) (544,983) (117,829) (1,409,096) (5,620,723) Expenses $ $ $ $ $ $ $ $ $ $ 813,498879,440408,489577,375 1,019,4281,155,9071,592,8412,035,1931,797,829 10,280,000 Current Budget $ $ $ $ $ $ $ $ $ $ ----- 25,00025,000 50,000 211,341 (211,341) Adjustment $ $ $ $ $ $ $ $ $ $ 813,498668,099383,489552,375 1,019,4281,367,2481,592,8412,035,1931,797,829 10,230,000 Original Budget $ $ $ $ $ $ $ $ $ $ TOTAL Kodiak Island Borough Period Ending January 31, 2018 School Bond Projects Summary Status CompletedCompletedCompletedCompletedConstruction completed, closeout underwayCompletedContract awarded, construction scheduled to start June 1, 2018Contract awarded, construction scheduled to start June 1, 2018 Phase 1 completed; Phase 2 contract awarded, construction scheduled to start June 1, 2018 50%95%15%15% 100%100%100%100%100% % Complete Finish Sep 2016Sep 2016Sep 2016Sep 2017Sep 2018Sep 2017Sep 2017Sep 2018Sep 2018 Schedule Start Jan 2016Jun 2016Jun 2016 Oct 2015Oct 2015Jun 2016 Feb 2017Feb 2017 May 2016 Project Renovations and Controls East and KMS KMS and Peterson Main and Peterson and Elevator Controls Old Harbor, Port Lions Roofing Replacement - KMS Fire Alarm, HVAC, Flooring Replacement - Flooring Replacement - East Elementary School Akhiok, Karluk, Ouzinkie Playground Replacement UST Replacement - Main, Peterson Elementary Boilers Paving and UST Replacement - Kodiak Island Borough Assembly Regular Meeting Guidelines March 22, 2018, 6:30 p.m., School District Conference Room PLEASE ANNOUNCE: Please remember to turn off ringers on your cell phones or put them on vibrate. 1. INVOCATION Sargent Major Dave Blacketer of the Salvation Army. 2. PLEDGE OF ALLEGIANCE — Mayor Rohrer. 3. ROLL CALL KIBC 2.25.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to excuse Assembly members _ who are absent due to personal leave. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*°) are considered to be routine and non -controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Recommended motion: Move to approve the agenda and the consent agenda. Recommended motion: Move to amend the agenda by adding the "approval of a letter to the City Mayor and City Council regarding consolidation" under other items on the agenda. Per KIBC 2.30 (C) subjects not on the agenda may be considered only by unanimous consent. ROLL CALL VOTE ON MOTION TO AMEND. VOICE VOTE ON MOTION TO APPROVE AS AMENDED. 5. APPROVAL OF MINUTES # Regular Meeting Minutes Of December 21, 2017, January 4, 2018, February 15, 2018; and Special Meeting of February 15, 2018. Kodiak Island Borough Assembly Guidelines March 22, 2018 Page 1 7 I CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Read phone number: 907 512 6371 Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 4. address all remarks to the Assembly as a body and not to any member thereof AWARDS AND PRESENTATIONS — None. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No. FY2018-17 Amending Various Sections Of Title 17 To Provide For Additional Regulation Of Communications Towers (P&Z Case No. 18-011). Recommended motion: Move to adopt Ordinance No. FY2018-17. Staff Report — Manager Powers. Open public hearing. Read phone number: 907 512 6371. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion. ROLL CALL VOTE ON THE MOTION. B. Ordinance No. FY2018-18 Amending KIBC Title 2 Administration And Personnel, Chapter 2.20 Borough Mayor, Section 2.20.070 Miscellaneous And Chapter 2.30 Rules Of The Assembly, Section 30.100 Miscellaneous To Revise The Mayor And Assembly Member Insurance Benefits. Recommended motion: Move to adopt Ordinance No. FY2018-18. Staff Report — Mayor Rohrer. Open public hearing. Read phone number: 907 512 6371 Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. Close public hearing. Assembly discussion. ROLL CALL VOTE ON THE MOTION. Kodiak Island Borough Assembly Guidelines March 22, 2018 Page 2 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS A. Contract No. FY2018-07 Solid Waste Collection Services Contract for the Kodiak Island Borough for Fiscal Years 2018-2026. Clerk's Note: The motion is already on the floor which is 'move to authorize the Manager to execute Contract No. FY2018-07 Solid Waste Collection Services Contract for the Kodiak Island Borough for Fiscal Years 2018-2026.' Staff Report — Manager Powers. Assembly discussion. IF THE ASSEMBLY WISHES TO CONVENE INTO EXECUTIVE SESSION TO DISCUSS THE LEGAL OPINION, THE RECOMMENDED MOTION IS BELOW. Recommended motion: Move to convene into executive session to review the legal opinion obtained pertaining to the Borough's competitive sealed proposal procurement applied to this contract. This discussion qualifies for executive session as a potential litigation to which the borough may become a party and as a matter of discussing confidential attorney-client communications. ROLL CALL VOTE ON MOTION. Recommended motion: Move to invite Assembly members, Borough Manager, E&F Director, and Borough Clerk Staff into executive session. VOICE VOTE ON MOTION. After the vote, Deputy Presiding Officer Skinner recesses the regular meeting and convenes the executive session. Upon returning from the executive session, Deputy Presiding Skinner reconvenes the regular meeting and announces: The Assembly discussed with the Borough Attorney Contract No. FY2018-07 Solid Waste Collection Services Contract for the Kodiak Island Borough for Fiscal Years 2018-2026 Proposals and Tabulations AND • No action is to be taken as a result of the executive session • The Assembly may make a motion if necessary. The Assembly must state the motion and vote outside of executive session. ROLL CALL VOTE ON THE MAIN MOTION. Kodiak Island Borough Assembly Guidelines March 22, 2018 Page 3 13. NEW BUSINESS A. Contracts — None. B. Resolutions 1. Resolution No. FY2018-26 Amending The Kodiak Island Borough Records Retention Schedule And Central Filing System To Reflect Amendments And Additions To Various Records Series. Recommended motion: Move to adopt Resolution No. FY2018-26. Staff Report — Borough Clerk Javier. Assembly discussion. ROLL CALL VOTE ON THE MOTION. 2. Resolution No. FY2018-27 Accepting The Recommendation Of The Planning And Zoning Commission By Approving The Disposal Of A Portion Of Lot 5A -1B, U.S. Survey 2538A, By Lease, For The Specific Purpose Of Providing Mental Health Services To The Kodiak Community (P&Z Case No. 18-013). Recommended motion: Move to adopt Resolution No. FY2018-27. Staff Report — Manager Powers. Assembly discussion. ROLL CALL VOTE ON THE MOTION. 3. Resolution No. FY2018-30 Adopting The Kodiak Island Borough Strategic Plan For The Years 2018-2023. Recommended motion: Move to adopt Resolution No. FY2018-30. Staff Report — Manager Powers. Assembly discussion. ROLL CALL VOTE ON THE MOTION. Kodiak Island Borough Assembly Guidelines March 22, 2018 Page 4 C. Ordinances for Introduction 1. Ordinance No. FY2018-19 Amending KIBC 17.15 (General Provisions And Use Regulations), KIBC 17.215 (Review Of Planning And Zoning Commission Decision), KIBC 17.220 (Appeals To The Planning And Zoning Commission), And KIBC 17.225 (Appeals To The Board Of Adjustment), Making The Appeal Periods For Land Use Decisions And The Removal Of Effective Date Provisions For Variances Consistent With Ordinance No. FY2018-14. Recommended motion: Move to advance Ordinance No. FY2018-19 in first reading to public hearing at the next regular meeting of the Assembly. Staff Report —Manager Powers. Assembly discussion. ROLL CALL VOTE ON THE MOTION. D. Other Items 1. Confirmation of the Mayoral Appointment to the Prince William Sound Regional Citizens Advisory Council (Ms. Rebecca Skinner). Recommended motion: Move to confirm the Mayoral appointment of Ms. Rebecca Skinner to the Prince William Sound Regional Citizen's Advisory Council Board of Directors for a two-year term to expire May 2020. Staff Report — Borough Clerk Javier. Assembly discussion. ROLL CALL VOTE ON MOTION. 2. Approval of the Letter Addressed to the City Mayor and City Council Regarding Consolidation. (If the agenda was amended.) Recommended motion: Move to approve the letter addressed to the City Mayor and City Council regarding consolidation. Clerk's note: A copy of the letter is attached on = paper. Staff Report — Mayor Rohrer. Assembly discussion. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines March 22, 2018 Page 5 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Agenda Items not scheduled for public hearing and general comments. Read phone number: 907 512 6371 Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 4. address all remarks to the Assembly as a body and not to any member thereof 15. ASSEMBLY MEMBERS' COMMENTS Announcements The next Assembly work session is scheduled on Thursday, March 29, 2018 at 6:30 p.m. in the School District Conference Room. The next regular meeting is scheduled on Thursday, April 5, 2018 at 6:30 p.m. in the Borough Assembly Chambers. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. VOICE VOTE ON MOTION. KIBC 2.30.030 A.... Meetings shall adjourn at 10:30 p.m. unless the time is extended by a ma'ori 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. Kodiak Island Borough Assembly Guidelines March 22, 2018 Page 6 March 22, 2018 Kodiak Island Borough Office of the Borough Mayor 710 D1i11 Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 City of Kodiak Mayor and City of Kodiak Council 710 Mill Bay Road, Room 219 Kodiak, Alaska 99615 Dear Mayor Branson and Council Members, The Kodiak Island Borough (KIB) formally invites the City of Kodiak to engage and collaborate regarding discussions pertaining to government reorganization (consolidation, merger, unification, and annexation). The KIB looks forward to scheduling a joint KIB/City community forum for the purpose of hearing from the State's Local Boundary Commission. As you know, the KIB has an RFP that is out for research and analysis for consolidation of the Borough and the City and the proposals will be accepted until 3 p.m. on April 13. We will keep you apprised of the results and we look forward to sharing the information with you. Respectfully, Daniel A. 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The Next Regular Meeting Of The Borough Assembly Is Scheduled On Thursday, April 5, 2018, At 6:30 p.m. In The Borough Assembly Chambers. FAILED To Amend The Agenda By Adding The “Approval Of A Letter To The City Mayor And City Council Regarding Consolidation” Under Other Items On The Agenda. ADOPTED Ordinance No. FY2018-17 Amending Various Sections Of Title 17 To Provide For Additional Regulation Of Communications Towers (P&Z Case No. 18-011). ADOPTED Ordinance No. FY2018-18 Amending KIBC Title 2 Administration And Personnel, Chapter 2.20 Borough Mayor, Section 2.20.070 Miscellaneous And Chapter 2.30 Rules Of The Assembly, Section 30.100 Miscellaneous To Revise The Mayor And Assembly Member Insurance Benefits. FAILED Contract No. FY2018-07 Solid Waste Collection Services Contract With Alaska Waste Of Alaska Inc. For The Kodiak Island Borough For Fiscal Years 2018-2026. AMENDED, ADOPTED Resolution No. FY2018-26 Amending The Kodiak Island Borough Records Retention Schedule And Central Filing System To Reflect Amendments And Additions To Various Records Series. ADOPTED Resolution No. FY2018-27 Accepting The Recommendation Of The Planning And Zoning Commission By Approving The Disposal Of A Portion Of Lot 5A-1B, U.S. Survey 2538A, By Lease, For The Specific Purpose Of Providing Mental Health Services To The Kodiak Community (P&Z Case No. 18-013). ADOPTED Resolution No. FY2018-30 Adopting The Kodiak Island Borough Strategic Plan For The Years 2018-2023. ADVANCED Ordinance No. FY2018-19 Amending KIBC 17.15 (General Provisions And Use Regulations), KIBC 17.215 (Review Of Planning And Zoning Commission Decision), KIBC 17.220 (Appeals To The Planning And Zoning Commission), And KIBC 17.225 (Appeals To The Board Of Adjustment), Making The Appeal Periods For Land Use Decisions And The Removal Of Effective Date Provisions For Variances Consistent With Ordinance No. FY2018-14 To The Next Regular Meeting Of The Assembly. CONFIRMED the Mayoral Appointment Of Ms. Rebecca Skinner To The Prince William Sound Regional Citizens Advisory Council For A Two-Year Term To Expire May 2020.