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2020-03-05 Regular Meeting Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, March 5, 2020, 6:30 p.m., Assembly Chambers Page 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non- controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 5. *APPROVAL OF MINUTES 4 - 9 A. *Regular Meeting Minutes Of February 20, 2020. 2020-02-20 RM Minutes 6. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) A. Agenda Items Not Scheduled For Public Hearing And General Comments 7. AWARDS AND PRESENTATIONS 10 A. Choose Respect Proclamation Choose Respect.2020 11 B. Women's History Month Proclamation Womens History Month.2020 C. Employee of the Quarter Award - Elliot Blacha, Maintenance Mechanic Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.facebook.com/Kodiakislandborough @KodiakBorough www.kodiakak.us Page 1 of 55 8.COMMITTEE REPORTS 9. PUBLIC HEARING 12 - 26 A. Ordinance No. FY2020-14 Determining The Disposition Of Tax Year 2007 Foreclosed Properties KIB/Dorothy Beeching And KIB/Estate Of Willie Norell And Establishing Intention To Surplus And Sell Said Property By Finding That A Public Need Does Not Exist For The Property And Authorizing The Property For Immediate Disposal. Output Document (AS - 1126) - Pdf 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS 13.A. Contracts 27 - 40 1. Change Order No. 7 Amending Contract FY2019-10 Architectural and Engineering Services Term Contract for Design for the Borough Building Boiler Room Renovation Output Document (AS - 1130) - Pdf 41 - 52 2. Contract No. FY2020-16 Salonie Creek Culvert Replacement Design Output Document (AS - 1134) - Pdf 13.B. Resolutions 1. 13.C. Ordinances for Introduction 13.D. Other Items 53 - 55 1. *Confirmation Of Mayoral Appointment To The Mission Lake Tide Gate Service Area Board (Mr. Alan Wolf). Output Document (AS - 1135) - Pdf 14. CITIZENS' COMMENTS (Limited To Three Minutes Per Speaker) Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.facebook.com/Kodiakislandborough @KodiakBorough www.kodiakak.us Page 2 of 55 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) 17.A. Minutes of Other Meetings 17.B. Reports Numbers: Toll Free (855) 492-9202 and Local 486-3231. Visit our website at www.facebook.com/Kodiakislandborough @KodiakBorough www.kodiakak.us Page 3 of 55 AGENDA ITEM #5.A. KODIAK ISLAND BOROUGH Assembly Regular Meeting February 20, 2020 A regular meeting of the Kodiak Island Borough Assembly was held on February 20, 2020, in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 6:30 p.m. The invocation was given by Major David Davis of the Salvation Army. Mayor Roberts led the Pledge of Allegiance. Present were Mayor Bill Roberts, Assembly members Duane Dvorak, Julie Kavanaugh, Andy Schroeder, Rebecca Skinner, Dennis Symmons, and James Turner. Also present were Borough Manager Michael Powers, Borough Clerk Tara Welinsky, and Assistant Clerk Lina Cruz. DVORAK moved to excuse Assembly member Scott Arndt who was absent due to travel for Borough business. 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. DVORAK moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. The following items were approved under consent agenda: * Regular Meeting Minutes of February 6, 2020. * Resolution No FY2020-20 Approving the Native Village of Karluk And the Karluk IRA Tribal Council as an Unincorporated Community for Participation in the FY21 Community Assistance Program. * Confirmation of a Mayoral Appointment to the Cook Inlet Regional Citizens Advisory Council (Mr. Scott Arndt). * Confirmation of a Mayoral Appointment to the Board of Equalization (Mr. Robert Tucker). APPROVAL OF MINUTES Regular Meeting Minutes of February 6, 2020 were approved under consent agenda. Kim Saunders Chief Howard Rue Kodiak Island Borough Assembly Regular Meeting Minutes February 6, 2020 tğŭĻ Њ ƚŅ Џ *Regular Meeting Minutes Of February 20, 2020. Page 4 of 55 AGENDA ITEM #5.A. Judi Kidder Robert Tucker AWARDS AND PRESENTATIONS nd Dora Cross, Borough Finance Director, presented FY2020 2 Quarter Budget Versus Actual Presentation. COMMITTEE REPORTS None. PUBLIC HEARING Ordinance No. FY2020-09 an Ordinance of the Assembly of the Kodiak Island Borough 1. Amending Titles 1, 6, 8, 9, 10, 13, 16, 17 and 18 of the Borough Code to Clarify and Make Consistent Language Relating to Code Enforcement. DVORAK moved to adopt Ordinance No. FY2020-09. Following discussion at the January 9, 2020 and January 30, 2020 work sessions, staff has made suggested changes to code sections addressing enforcement and the UMOT table. Mayor Roberts closed the regular meeting and opened the public hearing. Mark Levenson Scott Yost Robert Tucker Judi Kidder Pat Szabo Ron Kavanaugh Nick Szabo Mayor Roberts closed the public hearing and reconvened the regular meeting. KAVANAUGH moved to ament the table on line 119, under code section, to add: KIBC6.04.120 (A, B, C) & (D) to include all three lines for the elevated fine schedule of KIBC 6.04.12. ROLL CALL VOTE ON MOTION TO AMEND CARRIED UNANIMOUSLY: DVORAK, KAVANAUGH, SCHROEDER, SKINNER, SYMMONS, and TURNER. KAVANAUGH moved to amend line 546 to read: Is not currently registered (except for a vehicle exclusively used for competitive racing, farming, or off-road use) and line 547 to read: Is stripped, wrecked, or is otherwise inoperable due to structural inefficiencies or mechanical failure; or SKINNER moved to amend the amendment to read: Is not currently registered, pursuant to AS 28.10 (except for a vehicle exclusively used for competitive racing, farming, or off-road use). Kodiak Island Borough Assembly Regular Meeting Minutes February 6, 2020 tğŭĻ Ћ ƚŅ Џ *Regular Meeting Minutes Of February 20, 2020. Page 5 of 55 AGENDA ITEM #5.A. ROLL CALL VOTE ON AMENDMENT TO THE AMENDMENT CARRIED FIVE TO ONE: KAVANAUGH, SCHROEDER, SKINNER, SYMMONS, DVORAK (AYES); TURNER (NO). ROLL CALL VOTE ON THE AMENDMENT CARRIED FIVE TO ONE: SCHROEDER, SKINNER, SYMMONS, DVORAK, and KAVANAUGH (AYES); TURNER (NO). KAVANAUGH moved to amend by removing lines 548 & 549 548 3. Has not been repaired because mechanical difficulties or because the cost of the repairs 549 required to make it operable exceeds the fair market value; or ROLL CALL VOTE ON THE AMENDMENT FAILED FIVE TO ONE: KAVANAUGH (AYE); SKINNER, SYMMONS, TURNER, DVORAK, SCHROEDER (NOES). KAVANAUGH moved to Amend lines 621-623 to read: 621 B. No person shall place, leave or deposit upon any street, developed right-of-way or 622 drainage structure, any accumulation of snow or ice which has been removed from a 623 private driveway or approach road in a manner that impedes pedestrian or motor vehicle traffic. ROLL CALL VOTE ON AMENDMENT TO THE AMENDMENT CARRIED UNANIMOUSLY: TURNER, DVORAK, KAVANAUGH, SCHROEDER, SKINNER, and SYMMONS. ROLL CALL VOTE ON AMENDMENT CARRIED FOUR TO TWO: DVORAK, KAVANAUGH, SCHROEDER, and SKINNER (AYES); SYMMONS, and TURNER (NOES). DVORAK moved to amend by making the effective date on July 1, 2020. ROLL CALL VOTE ON AMENDMENT CARRIED FOUR TO TWO: DVORAK, KAVANAUGH, SKINNER, and SYMMONS (AYES); SCHROEDER, and TURNER (NOES). ROLL CALL VOTE ON MAIN MOTION CARRIED FOUR TO TWO: SCHROEDER, SYMMONS, TURNER, and DVORAK (AYES); KAVANAUGH, and SKINNER (NOES). Manager Powers reported on the following: Worked on budgets looking at revenues and R&R. Dealt with various staff issues. Attended Budget Workshop and am conducting follow up from those discussion. Attended Agenda Setting and doing follow- up on future items including Assembly travel. Met with the City concerning Tsunami Siren RFP. MESSAGES FROM THE BOROUGH MAYOR Mayor Roberts discussed reestablishing Cubs Committee to address ongoing bear problems. UNFINISHED BUSINESS None. Kodiak Island Borough Assembly Regular Meeting Minutes February 6, 2020 tğŭĻ Ќ ƚŅ Џ *Regular Meeting Minutes Of February 20, 2020. Page 6 of 55 AGENDA ITEM #5.A. NEW BUSINESS Contracts 1. Contract No. FY2020-15 Bayside Fire Department Exterior Renovation Project. SKINNER moved to authorize the Borough Manager to execute Contract No. FY2020-15 with Friend Contractors LLC in an amount not to exceed $351,800. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: SCHROEDER, SKINNER, SYMMONS, TURNER. DVORAK, and KAVANAUGH. Resolutions 1. *Resolution No. FY2020-20 Approving the Native Village of Karluk And The Karluk IRA Tribal Council As An Unincorporated Community For Participation In the FY21 Community Assistance Program. (This item was approved under consent agenda). 2. Resolution No. FY2020-21 - Approving the Disposal by Sale of a Portion of Lot 5, Block 7, Monashka Bay Alaska Subdivision for the Fair Market Value of $1,192.00 (P&Z Case No. 20-004). SKINNER moved to approve Resolution No. FY2020-21. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: SKINNER, SYMMONS, TURNER. DVORAK, KAVANAUGH. and SCHROEDER, Ordinances for Introduction 1. Ordinance No. FY2020-14 Determining the Disposition of Tax Year 2007 Foreclosed Properties KIB/Dorothy Beeching and KIB/Estate of Willie Norell and Establishing Intention to Surplus and Sell Said Property by Finding That a Public Need Does not Exist for the Property and Authorizing the Property for Immediate Disposal. SYMMONS moved to advance Ordinance No. FY2020-14 to public hearing at the next regular meeting of the Assembly. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: SYMMONS, TURNER, DVORAK, KAVANAUGH, SCHROEDER, and SKINNER. Other Items 1. *Confirmation of A Mayoral Appointment to the Cook Inlet Regional Citizens Advisory Council (Mr. Scott Arndt). (This item was approved under consent agenda) 2. *Confirmation of Mayoral Appointment to the Board of Equalization (Mr. Robert Tucker). (This item was approved under consent agenda) Judi Kidder Robert Tucker Ron Kavanaugh Kathleen Ballenger Kodiak Island Borough Assembly Regular Meeting Minutes February 6, 2020 tğŭĻ Ѝ ƚŅ Џ *Regular Meeting Minutes Of February 20, 2020. Page 7 of 55 AGENDA ITEM #5.A. A Assembly Member Symmons thanked Chief Rue for his services. Assembly Member Kavanaugh talked about junk vehicle removal and thanked everyone for time taken to discuss UMOT. Assembly Member Skinner thanked Assembly for allowing discussion of UMOT and encouraged the community to get their real ID. Assembly Member Schroeder discussed ongoing bear problems. Assembly Member Turner discussed bear problems. Assembly Member Dvorak talked about UMOT and thanked staff and the public. ANNOUNCEMENTS The next Assembly work session is scheduled on Thursday, February 27, 2020 at 6:30 p.m. in the School District Conference Room. The next regular meeting is scheduled on Thursday, March 5, 2020 at 6:30 p.m. in the Borough Assembly Chambers. Notice of Public Meetings and Assembly meeting agendas are available on the KIB website, posted on the KIB Facebook page, and are also posted at the Library, Safeway, and Borough building. For those who do not have internet, you may call the Borough meeting notification line at 907-486-9315. EXECUTIVE SESSION 1. Matters Involving Negotiations With the IBEW. SKINNER moved to convene into executive session under the authority of KIBC 2.30.030(F)(1 )(d) for the purpose of confidential communications with, and providing direction to, the Borough's representative regarding labor negotiations with the IBEW. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: TURNER, DVORAK, KAVANAUGH, SCHROEDER, SKINNER, and SYMMONS. SKINNER moved executive session. SKINNER moved to invite the Mayor, Assembly, Borough Manager, Finance Director, and Borough Clerk into Executive Session. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. After the vote, Mayor Roberts recessed the regular meeting at 9:45 p.m. and convened the executive session. Upon returning from the executive session, Mayor Roberts reconvened the regular meeting at 9:58 p.m. and announced that direction was given to the manager to proceed with negotiations as a result of the executive session Kodiak Island Borough Assembly Regular Meeting Minutes February 6, 2020 tğŭĻ Ў ƚŅ Џ *Regular Meeting Minutes Of February 20, 2020. Page 8 of 55 AGENDA ITEM #5.A. ADJOURNMENT SKINNER moved to adjourn the meeting. VOICE VOTE ON THE MOTION CARRIED UNANIMOUSLY. The meeting adjourned at 9:58 p.m. KODIAK ISLAND BOROUGH ATTEST: William Roberts, Mayor Tara Welinsky, Borough Clerk Approved on: Kodiak Island Borough Assembly Regular Meeting Minutes February 6, 2020 tğŭĻ Џ ƚŅ Џ *Regular Meeting Minutes Of February 20, 2020. Page 9 of 55 AGENDA ITEM #7.A. Office of the Mayor Kodiak Island Borough, Alaska In witness whereof, I have hereunto set my Hand and cause this seal to be affixed. _____________________________________ William Roberts,, Borough Mayor Attest: ____________________________ Date: _____________________________ Choose Respect Proclamation Page 10 of 55 AGENDA ITEM #7.B. Office of the Mayor Kodiak Island Borough, Alaska - In witness whereof, I have hereunto set my Hand and cause this seal to be affixed. __________________________________________ William Roberts, Borough Mayor Attest: __________________________________ Date: __________________________________ Women's History Month Proclamation Page 11 of 55 AGENDA ITEM #9.A. KODIAK ISLAND BOROUGH STAFF REPORT MARCH 5, 2020 ASSEMBLY REGULAR MEETING SUBJECT: Ordinance No. FY2020-14 Determining The Disposition Of Tax Year 2007 Foreclosed Properties KIB/Dorothy Beeching And KIB/Estate Of Willie Norell And Establishing Intention To Surplus And Sell Said Property By Finding That A Public Need Does Not Exist For The Property And Authorizing The Property For Immediate Disposal. ORIGINATOR: Dora Cross RECOMMENDATION: Move To Adopt Ordinance FY2020-14. DISCUSSION: This ordinance establishes the Borough's finding that a public need does not exist for these properties and classifies them as surplus. As surplus property, these properties could be made available for sale by the assembly at a later date. Both these properties were acquired by the Borough in 2007 through the foreclosure process. The acquisition of these properties followed both Borough and State of Alaska codes regarding foreclosure processes. ALTERNATIVES: FISCAL IMPACT: NONE OTHER INFORMATION: Kodiak Island Borough Ordinance No. FY2020-14 Determining The Disposition Of Tax Year 2007 For... Page 12 of 55 AGENDA ITEM #9.A. 1 Introduced by: Finance Director Version1 2 Drafted by: Finance Director 3 Introduced on: 02/20/2020 4 Public Hearing Date: 5 Adopted on: 6 7 KODIAK ISLAND BOROUGH 8 ORDINANCE NO. FY2020-14 9 10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH DETERMINING 11 THE DISPOSITION OF A TAX FORECLOSED PROPERTY AND ESTABLISHING INTENTION 12 TO SURPLUS AND SELL SAID PROPERTY BY FINDING THAT A PUBLIC NEED DOES NOT 13 EXIST FOR THE PROPERTY AND AUTHORIZING THE PROPERTY FOR IMMEDIATE 14 DISPOSAL (P&Z Case 20-003) PLANNING AND ZONING RESOLUTION NO. FY2020-04. 15 16 WHEREAS, the Kodiak Island Borough has acquired property described as the Fractional W ½ 17 E ½ NE ¼ SE ¼ SE ¼; W ½ NE ¼ SE ¼ SE ¼ and Fractional NW ¼ SE ¼ SE ¼ of Protracted 18 Section 14, T31S R29W Seward Meridian; TL 1404 AMOOK ISLAND and property described as 19 the SE ¼ NE ¼ SE ¼ Within Section 30,T30S, R29W Seward Meridian, LARSEN BAY as a result 20 of the tax foreclosure procedure; and 21 22 WHEREAS, AS 29.45.460 Disposition and sale of foreclosed property states in part: 23 24 (a) The municipality shall determine by ordinance whether foreclosed property 25 deeded to the municipality shall be retained for a public purpose. The 26 ordinance must contain the legal description of the property, the address or a 27 general description of the property sufficient to provide the public with notice 28 of its location, and the name of the last record owner of the property as the 29 name appears on the assessment rolls. 30 31 (b) Tax-foreclosed property conveyed to a municipality by tax foreclosure and 32 not required for a public purpose may be sold. Before the sale of tax- 33 foreclosed property held for a public purpose, the municipality, by ordinance, 34 shall determine that a public need does not exist. The ordinance must contain 35 the information required under (a) of this section.; and 36 37 WHEREAS, the Kodiak Island Borough Planning and Zoning Commission has reviewed these 38 tax foreclosed property as required by KIBC 18.10.030 and has made a formal recommendation 39 by resolution no. FY2020-04 on the parcels disposition by recommending that this property should 40 NOT be retained for a public purpose; and 41 42 WHEREAS, the Kodiak Island Borough Manager has appointed the Finance Director to oversee 43 land sale with the vacant resource manager position: and 44 Kodiak Island Borough, Alaska Ordinance No. FY2020-14 Deletion Red, Strikeout Page 1 of 3 Insertion Bold, Blue, Underlined Version 1 Ordinance No. FY2020-14 Determining The Disposition Of Tax Year 2007 For... Page 13 of 55 AGENDA ITEM #9.A. 45 WHEREAS, the Kodiak Island Borough Finance Director has 46 action, as required by KIBC 18.10.030; and 47 48 WHEREAS, the Kodiak Island Borough Finance Director has recommended the tax-foreclosed 49 properties described as the Fractional W ½ E ½ NE ¼ SE ¼ SE ¼; W ½ NE ¼ SE ¼ SE ¼ and 50 Fractional NW ¼ SE ¼ SE ¼ of Protracted Section 14, T31S R29W Seward Meridian; TL 1404 51 AMOOK ISLAND and property described as the SE ¼ NE ¼ SE ¼ Within Section 30,T30S, R29W 52 Seward Meridian, LARSEN BAY 53 immediate sale; and 54 55 WHEREAS, more than ten (10) years have elapsed since the expiration of the redemption 56 period for redemption of these two parcels, thus relieving the Borough of the requirement for the 57 Clerk to send a notice of the public hearing to the last known address of the former record owner 58 within five days of the first publication of notice of the hearing on this ordinance. 59 60 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 61 BOROUGH THAT: 62 63 Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the 64 Kodiak Island Borough Code of Ordinances. 65 66 Section 2: That parcel identified by Kodiak Island Borough parcel number 18386, located at the 67 Fractional W ½ E ½ NE ¼ SE ¼ SE ¼; W ½ NE ¼ SE ¼ SE ¼ and Fractional NW ¼ SE ¼ SE 68 ¼ of Protracted Section 14, T31S R29W Seward Meridian; TL 1404 AMOOK ISLAND and 69 formerly owned by the Estate of Willie Norell has been acquired by the Kodiak Island Borough by 70 dated June 22, 2009, recorded as Document 2009-001136-0 in the Kodiak Recording 71 District, State of Alaska, Third Judicial District, pursuant to tax foreclosure, and it has been 72 determined that a public need does not exist to retain this property for Borough purposes, and the 73 property will be sold at the earliest opportunity to do so. 74 75 Section 3: That parcel identified by Kodiak Island Borough parcel number 18205, located at the 76 SE ¼ NE ¼ SE ¼ Within Section 30,T30S, R29W Seward Meridian, LARSEN BAY and formerly 77 78 dated June 22, 2009, recorded as Document 2009-001136-0 in the Kodiak Recording District, 79 State of Alaska, Third Judicial District, pursuant to tax foreclosure, and it has been determined 80 that a public need does not exist to retain this property for Borough purposes, and the property 81 will be sold at the earliest opportunity to do so. 82 83 Section 4: The finance director is directed to offer the property immediately by sealed bid auction 84 and the highest bidder will take ownership. The parcel shall be considered sold when the bid is 85 accepted. 86 87 Section 5: The terms to be approved by the assembly are: Bidder is to enclose a 10% deposit 88 based on the minimum bid amount shown in the bid packet. The remaining balance must be paid 89 within thirty (30) days. Kodiak Island Borough, Alaska Ordinance No. FY2020-14 Deletion Red, Strikeout Page 2 of 3 Insertion Bold, Blue, Underlined Version 1 Ordinance No. FY2020-14 Determining The Disposition Of Tax Year 2007 For... Page 14 of 55 AGENDA ITEM #9.A. 90 91 Section 6: If the property remains unsold after being offered for sale by sealed bid, the property 92 may be listed online for sale to any approved party for at least the minimum cost. Any parcel sold 93 by this method will be considered sold when the Borough accepts an offer for the property. 94 95 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 96 THIS __________ DAY OF _______________, 2020. 97 98 KODIAK ISLAND BOROUGH ATTEST: 99 100 101 ___________________________ ___________________________ 102 Mayor William Roberts Tara Welinsky, Clerk 103 104 VOTES: 105 Ayes: 106 Noes: Kodiak Island Borough, Alaska Ordinance No. FY2020-14 Deletion Red, Strikeout Page 3 of 3 Insertion Bold, Blue, Underlined Version 1 Ordinance No. FY2020-14 Determining The Disposition Of Tax Year 2007 For... Page 15 of 55 AGENDA ITEM #9.A. Ordinance No. FY2020-14 Determining The Disposition Of Tax Year 2007 For... Page 16 of 55 AGENDA ITEM #9.A. Ordinance No. FY2020-14 Determining The Disposition Of Tax Year 2007 For... Page 17 of 55 AGENDA ITEM #9.A. Ordinance No. FY2020-14 Determining The Disposition Of Tax Year 2007 For... Page 18 of 55 AGENDA ITEM #9.A. Ordinance No. FY2020-14 Determining The Disposition Of Tax Year 2007 For... Page 19 of 55 AGENDA ITEM #9.A. Ordinance No. FY2020-14 Determining The Disposition Of Tax Year 2007 For... Page 20 of 55 AGENDA ITEM #9.A. Ordinance No. FY2020-14 Determining The Disposition Of Tax Year 2007 For... Page 21 of 55 AGENDA ITEM #9.A. Ordinance No. FY2020-14 Determining The Disposition Of Tax Year 2007 For... Page 22 of 55 AGENDA ITEM #9.A. Ordinance No. FY2020-14 Determining The Disposition Of Tax Year 2007 For... Page 23 of 55 AGENDA ITEM #9.A. Ordinance No. FY2020-14 Determining The Disposition Of Tax Year 2007 For... Page 24 of 55 AGENDA ITEM #9.A. Ordinance No. FY2020-14 Determining The Disposition Of Tax Year 2007 For... Page 25 of 55 AGENDA ITEM #9.A. Case 20-003 Location Request a tax foreclosure property review. T30S R29W SEC 30 SE 1/4 NE 1/4 SE 1/4 Larsen Bay TRACT B 11 12 104 12 108 TRACT C 2 ! ( 10 13 9 2 148!( 204 5 203 14 6 208 2 101 2 7 ! ( 20792 3 5 8 ! ( 1A 2A 1 4 7 200 2 3A 6 6 3 3 1 ! !( ( 2 98 8 5 204 4 3 7 100 9 !(1 5 205 PT 102 2 6 2 1 300 5 4 207 PT 2 3 4 402 4!1 ( 8 34 304 1A 1 406! 10( 1 ! ( 7 200 2 2 1 407 6 504 31 5 7 ! ( 508 2 13 13 6 ! ( 208 8 507!( 3 4 602 2 1 608 5 4 11 21A !( 3 5 1 12 !2 ( 3 2 ! ( 2 14 !5A-1 ( 12 606 102 3 USS 672 4 101702 !( 2A 1A 705 1 1 15 ! ( 2 2 643 875 9 900 904902 912910908906 914 903 909 12 1 2 11 1003 3 4 17 !10 ( 1007 5 1002 9A 6 16 9 ! ( 1101 8 1 2 12 3 4 11 5 10 18 ! ( Public Hearing Notice Legend Feet 07501,5003,000 Subject Parcel µ Community Development Department Kodiak Island Borough GIS Access Roads This map is provided for informational purposes http://www.kodiakak.us/gis (907) 486-9337 Unconstructed Right of Ways only and is not intended for any legal representations. Ordinance No. FY2020-14 Determining The Disposition Of Tax Year 2007 For... Page 26 of 55 AGENDA ITEM #13.A.1. KODIAK ISLAND BOROUGH STAFF REPORT MARCH 5, 2020 ASSEMBLY REGULAR MEETING SUBJECT: Change Order No. 7 Amending Contract FY2019-10 Architectural and Engineering Services Term Contract for Design for the Borough Building Boiler Room Renovation ORIGINATOR: Matt Gandel RECOMMENDATION: Authorize the Manager to Execute Change Order No. 7 Amending Contract FY2019-10 with Jensen Yorba Wall, Inc. for Architectural and Engineering Services Term Contract in an amount not to exceed $39,767. DISCUSSION: Kodiak Island Borough Code 3.30.100 Change Orders - Manager Authority states that a change order greater than five percent of approved contract amount or $50,000, whichever is lower, requires Assembly approval. This is a change order to the Borough's term contract with Jensen Yorba Wall (JYW) to include initial design efforts to replace the boilers at the Borough Building, including a hazardous material survey. There is known asbestos containing material (ACM) on the pipe insulation, gaskets, etc. associated with the boilers and hot water piping, and this will need to be quantified and specified for removal in the completed design. Once the survey is complete JYW and RSA Engineers will produce a preliminary design and cost estimate for replacing the boilers. This change order also includes performing an indoor air quality (IAQ) investigation of the Borough Building at the same time as the hazardous material survey. The purpose of the IAQ is to identify any conditions that may have caused or have the potential to cause fungal growth inside the building. ALTERNATIVES: FISCAL IMPACT: The Assembly approved using $50,000 in Fund 469 Renewal and Replacement funds for design work for this project as part of Ordinance No. 2020-01A. There is adequate funding to complete these initial design efforts. OTHER INFORMATION: Kodiak Island Borough Change Order No. 7 Amending Contract FY2019-10 Architectural and Enginee... Page 27 of 55 AGENDA ITEM #13.A.1. TERM CONTRACT CHANGE ORDER KODIAK ISLAND BOROUGH Project Name:Project Number: 710 MILL BAY ROAD KODIAK, ALASKA 99615 Borough Building Boiler Replacement469-614452.140 20005.4 Contractor:Jensen Yorba Wall, Inc.Term Contract No.:2019-10Change Order No.:07 Original Project Budget:$50,000.00Original Contract:$0.00 Previous Budget Changes:$0.00Previous Changes:$260,756.00 Adjusted Project Budget:$0.00This Change:$39,767.00 To-Date Project Expenses:$174.00% of Original Contract>5% To-Date Project Encumbrances:$0.00Adjusted Contract:$300,523.00 Current Remaining Project Budget:$49,826.00 Description of ChangeCost Provide hazardous material survey, preliminary design documents and cost estimate for the Borough $39,767.00 Building Boiler Replacement projectper the proposal dated February 21, 2020, to be charged on a time and materials basis. The time provided for completion of the contract is (unchanged) (increased) (decreased) by 0 calendar days. This document shall become an amendment to the contract and all provisions of the contract will apply thereto. Per Borough Code 3.30.100, a change order that does not exceed five percent of the original contract amount or $50,000, whichever is lower, requires approval by the mayor and deputy presiding officer, the mayor and one assembly member in the absence of thedeputy presiding office, or the deputy presiding officer and one assembly member in the absence of the mayor. Change orders greater than five percent of approved contract amount or $50,000, whichever is lower, require assembly approval. Accepted By:______________________________________________________________________________Date:__________ Contractor’s Representative Recommended:_____________________________Date:_______________________________________Date:__________ Engineering/Facilities DirectorFinance Director Approved By:______________________________Date:_________Attest:_________________________Date:_________ Borough ManagerBorough Clerk Mayor and Deputy Presiding Officer Approval (does not exceed five percent of the original contract amount or $50,000, whichever is lower) Approved By:______________________________Date:_______________________________________Date:__________ Borough MayorDeputy Presiding Officer Borough Assembly Approval (greater than five percent of approved contract amount or $50,000, whichever is lower) Approved By:______________________________Date:_________Attest:________________________Date:__________ Borough ManagerBorough Clerk Revised 09/19Page 1of 1 Change Order No. 7 Amending Contract FY2019-10 Architectural and Enginee... Page 28 of 55 AGENDA ITEM #13.A.1. 522 West 10th Street, Juneau, Alaska 99801 907.586.1070 jensenyorbawall.com Designing Community Since 1935 o o o Jensen Yorba Wall Architecture Interior Design Construction Management Page 1 of 1 Change Order No. 7 Amending Contract FY2019-10 Architectural and Enginee... Page 29 of 55 AGENDA ITEM #13.A.1. Change Order No. 7 Amending Contract FY2019-10 Architectural and Enginee... Page 30 of 55 AGENDA ITEM #13.A.1. Mechanical & Electrical Engineers February 21, 2020 Jensen, Yorba, Wall th 522 W. 10 Street Juneau, AK 99801 ATTENTION: Corey Wall Dear Corey, REFERENCE: Kodiak Island Borough Building Boiler and Generator Upgrades Mechanical and Electrical Fee Proposal RSA Engineering is pleased to offer a fee proposal for mechanical and electrical engineering services for the referenced project. We have based our scope of work on the following assumptions: General: The project will consist of replacement of the existing boiler system, water heater, and generator. We will provide one design submittal, 35% Schematic Design. The submittal will include drawings and design narrative. Mechanical: The boilers will be replaced with new boilers or with the salvaged boilers from the PKIMC laundry project. For the new boiler option, we will include one electric and one oil fired boiler. The boiler replacement will include replacement of all piping, pumps, boiler venting and hydronic specialties in the boiler room. The existing ventilation equipment in the boiler room will remain. The fuel oil day tank in the boiler room will be replaced. The new day tank will connect to the existing fuel oil storage tank. The heat exchanger in fan room will be replaced with an electric hot water heater. Point of use electric water heaters will be added at individual lavatories. Piping insulation from the boiler room through the crawlspace will be abated, we understand the piping will be replaced as part of the abatement work. Electrical: The generator in the boiler room will be replaced with a new exterior weatherproof packaged generator unit with integral subbase fuel tank. The panelboards and automatic transfer switch in the boiler room will be replaced. The design will include preliminary coordination with the electric utility for the electric boiler option. The lighting in the boiler room will be replaced with LED lighting fixtures. Exclusions: We have not included any site visits to Kodiak for the 35% submittal. We have not included time for any design services beyond 35% schematic design. We have not included cost estimation services. 670 W. Fireweed Ln, Ste 200 Anchorage, AK (907) 276-0521 l www.rsa-ak.com Change Order No. 7 Amending Contract FY2019-10 Architectural and Enginee... Page 31 of 55 AGENDA ITEM #13.A.1. February 21, 2020 RSA proposes the following lump sum fee for this project: Project Deliverables Mechanical Electrical 35% Schematic Design $4,560.00 $4,440.00 GRAND TOTAL: $9,000.00 Please review and advise if this proposal is acceptable by signing below and returning a copy to our office as our notice to proceed. We have attached a copy of our Standard Terms and Conditions to provide guidelines for contractual issues in the absence of a formal contract for this project. We look forward to working with you on this project. Sincerely, Brian Pekar, P.E. Associate Principal Engineer bpp/jam/hhm 20-0089/P19-290 Attachment Accepted for Jensen, Yorba, Wall Page 2 of 3 Change Order No. 7 Amending Contract FY2019-10 Architectural and Enginee... Page 32 of 55 AGENDA ITEM #13.A.1. EHS - Alaska, Inc.REVISED DATE:NA FILENAME:P20-006 KIB KODIAK BOROUGH OFFICE BOILER & IAQ.XLSX ORIGINAL DATE:01/22/20 PROJECT:KODIAK ISLAND BOROUGH, BOROUGH OFFICES BOILER REPLACEMENT & IAQ SURVEY CONTACT:JENSEN YORBA WALL, INC. COREY WALL, AIA, PRINCIPAL ARCHITECT AUTHOR:ROBERT FRENCH ASSIGNMENT:LIMITED ASBESTOS AND IAQ SURVEYS SUMMARY OF FEES AND COSTS TASK 1: INSPECTION AND SURVEY REPORT Page 2$9,117 TASK 2: INDOOR AIR QUALITY SURVEY & REPORT Page 3$8,796 TOTAL PROPOSED FEE; FIXED FEE, LUMP SUM: $17,913 SCOPE OF WORK & ASSUMPTIONS 1.This fee proposal is anestimatefor professional services in accordance with EHS-Alaska's standard 2020 fee schedule, to support the renovation of the KodiakIsland Borough Office Building, located in Kodiak, Alaska. Task 1 of the proposal includes a limited hazardous materials survey related to replacement of the boilers, replacement of the heating piping in the building crawl space, and limited replacement of heating equipment in the FanRoom. Task 2 of the proposal includes a limited Indoor Air Quality Study to determine the levels of fungi (mold) and allergens present, and determine if nuisance odors are present in occupied areas. 2.For Task 1, EHS-Alaska will conduct a limitedhazardous materials survey for asbestos, lead and interior PCB materials, including sufficient detail to serve as a basis of design for future renovations as described above. EHS-Alaska will prepare an abbreviated survey report, including summarizingsample data with drawings of sample locations, but no design services. The survey will be limited to the Boiler Room, Crawl Space, and the Fan Room. If the boiler replacement design extends beyond those limits, creation of future design documents may rely on assumptions, or a possible future site visit, not included in this proposal. 3.Sampling will cause minor damage to finishes and surfaces sampled. Samples will be collected from inconspicuous locations wherepossible. However, repairs to damaged finishes are not included other than to prevent subsequent release of potential asbestos fibers. Noroof samples are included in thisproposal, and if future work includes creation of new roof penetrations, EHS-Alaska will either assume that there is debris from the original asbestos BUR roof, or test during a possible future site visit. Representative painted surfaces will be tested using a portable X-Ray Fluorescence (XRF) lead analyzer. Other hazardous materials such as suspect mercury or PCB-containing materials will be noted, but not sampled, including PCB's in paints or sealants. Materials suspected of containing PCBs or mercury will be assumed to contain PCBs or mercury unless it is labeled "PCB Free" or "No PCBs" or previous testing has determined it to be PCB or mercury free. Free and complete access to all spaces will be provided by the Owner, and copies of available as-built information and floor plans will be provided to EHS by the Owner. This proposal assumes that reasonably accurate AutoCAD backgrounds of the existing floor plans will be provided to EHS-Alaska for use in the report. 4.For Task 2, EHS-Alaska will perform a limited IAQ investigation of the BoroughOffice Building, focusing on the office areas. EHS-Alaska will conduct a limited mold investigation to identify signs and symptoms of conditions which may have caused or have the potential to cause, fungal growth, including use of an infrared camera and moisture meter testing of areas with visible water damage or evidence of previous leaks. EHS-Alaska will conduct airborne "Total" mold spore sampling in 5 areas in the building in complaint areas, including areas with suspect fungal growth (if present), along with one outdoor, and one indoor "control" sample in a non-complaint area. Destructive testing will not be conducted. All samples along with a chain of custody will be submitted to an Environmental Microbiology (EMLAP) Accredited Laboratory that participates in the American Industrial Hygiene Association (AIHA) Laboratory Quality Assurance Program (LQAP). The limited mold assessment will be conducted by an industrial hygienist experienced in mold assessments and investigations basedonASTM E2418 (Standard Guide for Readily Observable Mold and Conditions Conducive to Mold in Commercial Buildings: Baseline Survey Process), ASTM D7338-14 (Standard Guide for Assessment of Fungal Growth in Buildings) and ANSI/IICRC S520 Standard and Reference Guide for Professional Mold Remediation. EHS-Alaska will take 5 carpet dust samples for analysis for allergens. 5.Two of the EVM-7 Environmental/IAQ monitors will be operated in survey mode during the initial visual inspection, and be programmed for PM2.5 and PM10 dust analysis. EHS-Alaska will switch all 3 EVM-7's to PM10 mode, and conduct 2 days of IAQ data logging in areas to be determined onsite served by the main Air Handling Unit. A third EVM-7 will be placed in the Assembly Chamber's wing. 6.The EVM-7 instruments measure 7 environmental parameters: Volatile Organic Compounds, Airborne Particulates, Carbon Monoxide, Carbon Dioxide, Temperature, Relative Humidity and Dew Point. EHS-Alaska will review all data-logged levels and compare and contrast those levels with OSHA, ACGIH and NIOSH standards or guidelines. 7.EHS-Alaska will deploy 4 radon monitors in the lower level and Assembly wing. The monitors require at least 48 hours of exposure. 8.EHS-Alaska proposes to provide the above described monitoring and summary report on a fixed fee basis. This proposal excludes any and all industrial hygiene activities not specifically mentioned above. To authorize the work described above under the terms contained in this proposal, please sign this page and return as a Notice to Proceed. Signature_______________________________Date______________________ ***** PROPOSAL IS VALID FOR 90 DAYS FROM DATE OF SUBMITTAL ***** PAGE 1 OF 3 Change Order No. 7 Amending Contract FY2019-10 Architectural and Enginee... Page 33 of 55 AGENDA ITEM #13.A.1. EHS - Alaska, Inc.REVISED DATE:NA FILENAME:P20-006 KIB KODIAK BOROUGH OFFICE BOILER & IAQ.XLSX ORIGINAL DATE:01/22/20 PROJECT:KODIAK ISLAND BOROUGH, BOROUGH OFFICES BOILER REPLACEMENT & IAQ SURVEY CONTACT:JENSEN YORBA WALL, INC. COREY WALL, AIA, PRINCIPAL ARCHITECT AUTHOR:ROBERT FRENCH ASSIGNMENT:LIMITED ASBESTOS AND IAQ SURVEYS TASK 1: INSPECTION AND SURVEY REPORT CODE \\ TASK PRINCMIH/SPMPM-1PM-2CADADMIN 60PROJECT TRAVEL 0.00.09.00.00.00.00.0 44TRIP PREP, REVIEW EXISTING DATA 1.00.04.00.00.00.00.0 50FACILITY SURVEY 0.00.014.00.00.00.00.0 48SURVEY REPORT 1.50.08.00.00.02.00.0 44PROJECT MGMT. 1.01.02.00.00.00.00.5 Hour Totals:3.51.037.00.00.02.00.5 Billing Rate:$168.00$94.00$155.00$135.00$135.00$135.00$68.00 Wage Subtotals:$588$94$5,735$0$0$270$34 LABOR COSTS: DIRECT LABOR SUBTOTAL:$6,721 DIRECT COSTS: PHOTOGRAPHY: $15 REPROGRAPHICS: $20 COURIER (NONE, ELECTRONIC): $0 EQUIPMENT (XRF LEAD ANALYZER, DAYS): 3.0@ $150/DAY$450 EQUIPMENT (HI-FLO AIR PUMP, DAYS): 0.0@ $20/DAY$0 SURVEY CONSUMABLES: $50 PHONE/FAX: $5 SAMPLE SHIPPING: 1@ $35 EACH$35 DIRECT COST SUBTOTAL: $575 DIRECT COST MARK UP @ 10.00% =$58 LABORATORY COSTS: ASB. BULK PLM EPA 600/R93/116, 3 DAY50@ $8.00/LAYER$400 ASB. BULK ROOF PLM EPA 600, 3 DAY0@ $12.00/LAYER$0 ASB. MICROVAC DUST ASTM D5756, 5 DAY0@ $150/SAMPLE$0 Pb PAINT/SOIL/DUST SW 846-7000B:7420, 5 DAY0@ $5.45/SAMPLE$0 Pb TCLP SW 846-1311, 5 DAY0@ $56/SAMPLE$0 PCB BULK CAULK/CONC/PAINT SW846, 1 WK0@ $174/SAMPLE$0 PCB AIR NIOSH 5503, MODIFIED, 1 WEEK0@ $361/SAMPLE$0 PCB WIPE/SOIL EPA SW-846 3550C/8082A, 1 WK0@ $156/SAMPLE$0 LABORATORY COST SUBTOTAL: $400 LABORATORY COST MARK UP @ 20.00% =$80 TRANSPORTATION COSTS: AIRFARE & EXCESS BAGGAGE: $600 TAXI: $0 AIRPORT PARKING (3 DAYS @ $16/DAY): $48 RENTAL CAR (3 DAYS @ $60/DAY): $180 LODGING (2 NIGHTS X 1 PERSON @ $125/NIGHT): $250 MEALS (3 DAYS @ $60/DAY): $180 MILEAGE @ = $0.57545miles$26 TRANSPORTATION COST SUBTOTAL: $1,284 TOTAL COSTS, THIS SHEET: $9,117 ***** PROPOSAL IS VALID FOR 90 DAYS FROM DATE OF SUBMITTAL ***** PAGE 2 OF 3 Change Order No. 7 Amending Contract FY2019-10 Architectural and Enginee... Page 34 of 55 AGENDA ITEM #13.A.1. EHS - Alaska, Inc.REVISED DATE:NA FILENAME:P20-006 KIB KODIAK BOROUGH OFFICE BOILER & IAQ.XLSX ORIGINAL DATE:01/22/20 PROJECT:KODIAK ISLAND BOROUGH, BOROUGH OFFICES BOILER REPLACEMENT & IAQ SURVEY CONTACT:JENSEN YORBA WALL, INC. COREY WALL, AIA, PRINCIPAL ARCHITECT AUTHOR:ROBERT FRENCH ASSIGNMENT:LIMITED ASBESTOS AND IAQ SURVEYS TASK 2: INDOOR AIR QUALITY SURVEY & REPORT CODE \\ TASK PRINCMIH/SPMPM-1PM-2CADADMIN 44REVIEW AS-BUILT DATA, SURVEY PREP1.00.02.00.00.00.00.0 50LTD. VISUAL INSP. & DUST MONITORING 0.00.03.00.00.00.00.0 50FUNGAL INSP. & AIR SAMPLING 0.00.04.00.00.00.00.0 50EVM-7 SET UP0.00.01.00.00.00.00.0 50EVM-7 PICK-UP & DOWNLOAD0.00.02.00.00.00.00.0 44RADON TESTING0.00.01.50.00.00.00.0 48DATA ANALYSIS1.00.08.00.00.00.00.0 48INTERPRETIVE REPORT 2.50.014.00.00.00.00.0 44PROJECT MGMT. 1.01.00.01.00.00.01.0 Hour Totals:5.51.035.51.00.00.01.0 Billing Rate:$168.00$94.00$155.00$135.00$135.00$135.00$68.00 Wage Subtotals:$924$94$5,503$135$0$0$68 LABOR COSTS: DIRECT LABOR SUBTOTAL: $6,724 DIRECT COSTS: PHOTOGRAPHY: $15 REPROGRAPHICS: $20 COURIER (NONE, ELECTRONIC): $0 EQUIPMENT (EVM-7, IAQ MONITOR, WEEK): 3.0@ $336/WEEK $1,008 MOISTURE METER (1 METER, 3 DAYS) 3 @ $10/Day$30 BORESCOPE0 @ $15/Day$0 IR CAMERA (1 CAMERA, 3 DAYS) 3 @ $25/Day$75 MOLD AIR SAMPLING CASSETTES7 @ $7/Each$49 MOLD WALL CAVITY KITS0 @ $11/Each$0 SURFACE SAMPLE KITS0 @ $1/Each$0 HIGH VOLUME PUMP1 @ $20/Each$20 BIOS PRIMARY CALIBRATOR1 @ $35/Each$35 SURVEY CONSUMABLES: $25 SAMPLE SHIPPING: 1@ $35 Each$35 DIRECT COST SUBTOTAL: $1,312 DIRECT COST MARK UP @ 10.00% =$131 LABORATORY COSTS: ASB. BULK PLM EPA 600/R93/116, 3 DAY0@ $7.00/LAYER$0 MOLD AIR SAMPLE7 @ $36/Sample$175 DUST ALLERGEN ANALYSIS5 @ $36/Sample$180 RADON TEST KITS & ANALYSIS 5 @ $30/Kit$150 LABORATORY COST SUBTOTAL: $505 LABORATORY COST MARK UP @ 20.00% =$101 MILEAGE @ = $0.57540miles$23 TOTAL COSTS, THIS SHEET: $8,796 ***** PROPOSAL IS VALID FOR 90 DAYS FROM DATE OF SUBMITTAL ***** PAGE 3 OF 3 Change Order No. 7 Amending Contract FY2019-10 Architectural and Enginee... Page 35 of 55 AGENDA ITEM #13.A.1. Change Order No. 7 Amending Contract FY2019-10 Architectural and Enginee... Page 36 of 55 AGENDA ITEM #13.A.1. Change Order No. 7 Amending Contract FY2019-10 Architectural and Enginee... Page 37 of 55 AGENDA ITEM #13.A.1. Change Order No. 7 Amending Contract FY2019-10 Architectural and Enginee... Page 38 of 55 AGENDA ITEM #13.A.1. BOROUGH BUILDING BOILER ROOM Change Order No. 7 Amending Contract FY2019-10 Architectural and Enginee... Page 39 of 55 AGENDA ITEM #13.A.1. Change Order No. 7 Amending Contract FY2019-10 Architectural and Enginee... Page 40 of 55 AGENDA ITEM #13.A.2. KODIAK ISLAND BOROUGH STAFF REPORT MARCH 5, 2020 ASSEMBLY REGULAR MEETING SUBJECT: Contract No. FY2020-16 Salonie Creek Culvert Replacement Design ORIGINATOR: Matt Gandel RECOMMENDATION: Move to authorize the Borough Manager to execute Contract No. FY2020-16 with Inter-Fluve Inc. in an amount not to exceed $50,802. DISCUSSION: Kodiak Island Borough Code 3.30.020 Limitation on Manager's Authority states that a contract exceeding $25,000 requires Assembly approval. This is a professional services contract with Inter-Fluve, Inc. for design work related to replacing six culverts on the road to the Salonie Creek Rifle Range. One of the culverts was recently replaced by the Kodiak Island Sportsman's Association but due to the materials used needs to be replaced again to be in compliance with Alaska Department of Fish and Game (ADF&G) regulations. ADF&G has mandated that this culvert be replaced no later than September 30, 2020. There are at least five other culverts along the road that will need to be replaced in the near future, so this contract includes completing the design for replacement of all the culverts at the same time. The one culvert currently out of compliance will be replaced in summer 2020 and the others tentatively scheduled for summer 2021. Inter-Fluve is a Oregon-based firm that specializes in investigations, design, and restoration of rivers, lakes and wetlands, including a focus on fish passage. Inter-Fluve did the design work for the recently completed Lake Orbin Culvert project. ALTERNATIVES: FISCAL IMPACT: This design work is being funded by Fund 210-231 Resource Management, which has adequate funds. OTHER INFORMATION: Kodiak Island Borough Contract No. FY2020-16 Salonie Creek Culvert Replacement Design Page 41 of 55 AGENDA ITEM #13.A.2. Contract FY2020-16 Professional Services Agreement with Inter-Fluve, Inc. for Field Work, Construction Plans and Design Services This AGREEMENT, made and entered into this5thday of March, 2020by and between the KODIAK ISLAND BOROUGH, organized under the laws of the State ofAlaska, hereinafter referred to as the "Borough" andInter-Fluve,Inc.acorporation authorized to do business in Alaska, with offices located at 501 Portway Avenue, Suite 101, Hood River, Oregon 97301, hereinafter referred to as the "Consultant." WITNESSETH WHEREAS,theBoroughwishes to enter into an agreementwith an independent consultant toprepare designand constructiondocumentsforreplacing sixfish passage barrier culverts along Salonie Creek Rifle Range Road in Kodiak, Alaska; and WHEREAS,Inter-Fluve submitted a proposal asserting it is qualified to perform these services and able to do so in a timely manner. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1.0DEFINITIONS 1.1"Agreement" shall mean this Professional Services Agreement, including: Exhibit A –Inter-Fluve proposaldated February 13, 2020 1.2"Change Order" is an addition to, or reduction of, or other revision approved by the Boroughin the scope, complexity, character, or duration of the services or other provisions of this Agreement. 1.3"Borough" shall all mean the Kodiak Island Borough, Alaska. 1.4"Contracting Officer" shall meanthe KIBBorough Managerandinclude any successor or authorized representative. 1.5"Project" shall mean the fieldwork, analysis, designand construction plans, specificationsand other tasks related to theSalonie Creek Rifle Range RoadFish Passage CulvertProject,Kodiak, Alaska, as further described in theInter-Fluve proposaldated February 13, 2020. 2.0TERM OF AGREEMENT.This Agreement shall take effect upon execution. This Agreement shall remain in full force and effect until the Project hasbeen completed and further, until all claims and disputes have been concluded. The work is considered complete when the Boroughhas received and found acceptable the finished product of all work described in 4.0 Scope of Services or changes thereto. This date is not necessarily the Completion Date as described in 5.0 Completion Date. This Agreement may be amended Page 1of 7 Contract No. FY2020-16 Salonie Creek Culvert Replacement Design Page 42 of 55 AGENDA ITEM #13.A.2. Contract FY2020-16 only in writing and upon compliance with all applicable statutes, ordinances, and regulations. 3.0FEES.For field work, analysis, design and construction plans as described in 4.0 Scope of Services, the Borough will compensate the Contractor an amount not to exceed Fifty ThousandEight Hundred Two Dollars and Zero Cents($50,802.00). 4.0SCOPE OF SERVICES.The Boroughand Consultanthave agreed upon a scope of work described in the Consultant’s proposal, Exhibit A, to provide professional servicesbased on approved standards and instructions, as specifically described in Exhibit A. This Scope of Services can only be changed in writing pursuant to Section 26.0 of this Agreement. 5.0SCHEDULE FOR COMPLETION.Reserved. 6.0PERSONNEL/ORGANIZATION 6.1Key Personnel. Work and services provided by the Consultantwill be performed by: As specifiedin Exhibit A. 6.2Changes in Key Personnel. The Consultantshall give the Boroughreasonable advance noticeof any necessary substitution or change of key personnel and shall submit justification therefore in sufficient detail to permit the Boroughto evaluate the impact of such substitution on this Agreement. No substitutions or other changes shall be made without the written consent of the Borough. 7.0STANDARD OF PERFORMANCE.The Consultantagrees to provide all required professional services to complete the project and any additions or changes thereto. The Consultantaccepts the relationship of trust and confidence established between it and the Boroughby this Agreement. The Consultantcovenants with the Boroughto furnish its best skill and judgment, and to further the interestof the Boroughat all times through efficient business administration and management. The Consultantshall provide all services in a competent manner. It is understood that some of the services to be rendered hereunder required professional judgment andskill. In those cases, the Consultantagrees to adhere to the standards of the applicable profession. 8.0TIMELINESS OF PERFORMANCE.Time is of the essence in this Agreement. Consultant’s failure to meet any such deadlines or required performance may adversely imperil other contractual obligations of the Borough. 9.0COMPLIANCE WITH LAWS.The Consultantshall be familiar with and at all times comply with and observe all applicable federal, state and local laws, ordinances, rules, regulations, and executive orders, all applicable safety orders, all orders or decrees of administrative agencies, courts, or other legally constituted authorities having jurisdiction or authority over the Consultant, the Borough, or the service which may be in effect now or during performance of the services. Page 2of 7 Contract No. FY2020-16 Salonie Creek Culvert Replacement Design Page 43 of 55 AGENDA ITEM #13.A.2. Contract FY2020-16 10.0INDEMNITY. The Consultantshall indemnify, defend, and hold harmless the Borough from and against any claim of, or liability for, negligent acts, errors, and omissions of the Consultantunder this agreement, including attorney fees and costs. The consultant is not required to indemnify, defend, or hold harmless the Boroughfor a claim of, or liability for, the independent negligent acts, errors, and omissions of the Borough. If there is a claim of, or liability for, a joint negligent act, error, or omission of the Consultantand the Borough, the indemnification, defense, and hold harmless obligation of the Consultant, and liability of the parties, shall be apportioned on a comparative fault basis. In this provision, "Consultant" and "Borough" include the employees, agents, and contractors who are directly responsible, respectively, to each. In this provision, "independent negligent acts, errors, and omissions of the Borough" means negligence other than in the Borough's selection, administration, monitoring, or controlling of the Consultant,or in approving or accepting the Consultant's work or the Consultant's subcontractors. 11.0INSURANCE.The Consultantunderstands that no Boroughinsurance coverage, including Workers’ Compensation, is extended to the Consultantwhile completing the services described inthis Agreement. The Consultantshall carry adequate (commercially reasonable coverage levels) insurance covering Workers' Compensation, general public liability, automobile, professional liability, and property damage including a contractual liability endorsement covering the liability created or assumed under this Agreement. The Consultant shall not commence work under this Agreement or any work on any phase of the Project until the Consultantprovides the Boroughwith certificates of insurance evidencing that all required insurance has been obtained. These insurance policies and any extension or renewals thereof must contain thefollowing provisions or endorsements: a.Boroughis an additional insured thereunder as respects liability arising out of or from the work performed by ConsultantofBorough. b.Boroughwill be given thirty (30) days prior notice of cancellation or material alteration of any of the insurance policies specified in the certificate. c.Insurer waives all rights of subrogation against Boroughand its employees or elected officials. d.The insurance coverage is primary to any comparable liability insurance carried by the Borough. Upon request, Consultantshall permit the Boroughto examine any of the insurance policies specified herein. Any deductibles or exclusions in coverage will be assumed by the Consultant, for account of, and at the sole risk of the Consultant. The minimum amounts and types of insurance provided by the Consultantshall be as set forth in Exhibit B, subject to revision at the Borough's request in order to provide continuously throughout the term of the Agreement a level of protection consistent with good business practice and accepted standard of the industry. 12.0GOVERNING LAW.The laws of Alaska will determine the interpretation, performance and enforcement of this Agreement. Page 3of 7 Contract No. FY2020-16 Salonie Creek Culvert Replacement Design Page 44 of 55 AGENDA ITEM #13.A.2. Contract FY2020-16 13.0OWNERSHIP OF WORK PRODUCTS.Payment to the Consultantfor services hereunder include full compensation for all work products and other materials produced by the Consultantand its subcontractors pertaining to this Agreement. The originals of all material prepared or developed by the Consultantor its employees, agents, or representatives hereunder, including documents, drawings, designs, calculations, maps, sketches, notes, reports, data, models, computer tapes, and samples shall become the property of the Boroughwhen prepared, whether delivered or not, and shall, together with any materials furnished the Consultantand its employees, agents, or representatives by the Boroughhereunder, be delivered to the Boroughupon request and, upon termination or completion of this Agreement. Materials previously created and copyrighted by the Consultantincluded in this project will remain property of the Consultant. Copies will be made available to the Boroughupon request. Materials purchased from and copyrighted by third parties are not included in this provision. 14.0PATENTS, TRADEMARKS, AND COPYRIGHTS. The Consultantagrees to defend, indemnify, and save the Boroughharmless from and against any and all claims, costs, royalties, damages and expenses of any kind of nature whatsoever (including attorneys' fees) which may arise out of or result from or be reasonably incurred in contesting any claim that the methods, processes, or acts employed by the Consultantor its employees in connection with the performance of services hereunder infringes or contributes to the infringement of any letter patent, trademark, or copyright. In case such methods, processes, or acts are in suit held to constitute infringement and use is enjoined, the Consultant, within reasonable time and at its own expense, will either secure asuspension of the injunction by procuring for the Borougha license or otherwise, or replace such method, process, etc., with one of equal efficiency. 15.0NONWAIVER.No failure of the BoroughorConsultantto insist upon the strict perfor- mance by the other of any of the terms of thisAgreement or to exercise any right or remedy herein conferred, shall constitute a waiver or relinquishment to any extent of its rights to rely upon such terms or rights on any future occasion. Each and every term, right, or remedy of this Agreement shallcontinue in full force and effect. 16.0SAFETY/PERFORMANCE.The Consultantshall perform the work in a safe and workmanlike manner. The Consultantshall comply with all federal and state statues, ordinances, orders, rules, and regulations pertaining tothe protection of workers and the public from injury or damage, and shall take all other reasonable precautions to protect workers and the public from injury or damage. 17.0SUSPENSION OR TERMINATION. 17.1Fault Termination or Suspension.This Agreement may be terminated by either party upon ten (10) days written notice if the other party fails substantially to perform in accordance with its terms. If the Boroughterminates this Agreement it will pay the Consultanta sum equal to the percentage of workcompleted and accepted by the Boroughthat can be substantiated by the Consultantand the Borough, offset by any amounts owed to the Borough. However, within the ten (10) day Notice of Intent to terminate the party in default shall be given an opportunity to present a plan to correct its failure. Page 4of 7 Contract No. FY2020-16 Salonie Creek Culvert Replacement Design Page 45 of 55 AGENDA ITEM #13.A.2. Contract FY2020-16 17.2Convenience Suspension or Termination.The Boroughmay at any time terminate or suspend this Agreement for any reason including its own needs or convenience. In the event of a convenience termination or suspension for more than six (6) months, the Consultantwill be compensated for authorized services and authorized expenditures performed to the date of receipt of written notice of termination or suspension. No fee or other compensation for the uncompleted portion of the services will be paid, except for already incurred indirect costs which the Consultant can establish and which would have been compensated but because of the termination or suspension would have to be absorbed by the Consultantwithout further compensation. 17.3Activities Subsequent to Receipt of Notice of Termination or Suspension. Immediately upon receipt of a Notice of Termination or suspension and except as otherwise directed by the Boroughor its Representative, the Consultantshall: a.stop work performed under this Agreement on the date and to the extent specified in the Notice; and b.transfer title to the Borough(to the extent that title has not already been transferred) and deliver in the manner, at the times, and to the extent directed by the Borough's representative, work in progress, completed work, supplies, and other material produced as a part of, or acquired in respect of the performance of the work terminated or suspended by the Notice. 18.0EQUAL EMPLOYMENT OPPORTUNITY.The Consultantshall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, or because of age, physical handicap, sex, marital status, change in marital status, pregnancy, or parenthood when the reasonable demands of the position do not require distinction on the basis of age, physical handicap, sex, marital status, changes in marital status, pregnancy, or parenthood. The Consultantshall take affirmative action required by law to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, national origin, ancestry, age, or marital status. 19.0NO ASSIGNMENT OR DELEGATION.The Consultantmay not assign, subcontract or delegate this Agreement, or any part of it, or any right to any of the money to be paid under it without written consent of the Contracting Officer. 20.0INDEPENDENT CONSULTANT.The Consultantshall be an independent Consultantin the performance of thework under this Agreement, and shall not be an employee or agent of the Borough. 21.0PAYMENT OF TAXES.As a condition of performance of this Agreement, the Consultant shall pay all federal, state and local taxes incurred by the Consultantand shall require their payment by any other persons in the performance of this Agreement. 22.0PRECEDENCE AND DIVISIBILITY.The provisions of this Agreement shall fully govern the services performed by the Consultant. If any term, condition, or provision of this Page 5of 7 Contract No. FY2020-16 Salonie Creek Culvert Replacement Design Page 46 of 55 AGENDA ITEM #13.A.2. Contract FY2020-16 Agreement is declared void or unenforceable, or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. 23.0ENTIRE AGREEMENT.This Agreement contains the entireagreement between the parties as to the services to be rendered by the Consultant. All previous or concurrent agreements, representations, warranties, promises, and conditions relating to the subject matter of this Agreement are superseded by this Agreement. 24.0COMPLETION OF WORK, TERM OF AGREEMENT.The Consultantshall perform all work in a timely fashion, and in accordance with the schedules included in this Agreement and Exhibits. 25.0CLAIMS AND DISPUTES.Venue for all claims and disputes under this Agreement, if not otherwise resolved by the parties, shall be in the appropriate Alaska State court in Anchorage or Kodiak, Alaska. 26.0CHANGES IN SCOPE OF WORK. 26.1General.No claim for additional services not specifically provided in this Agreement will be allowed, nor may the Consultantdo any work or furnish any materials not covered by the Agreement unless the work or material is ordered in writing by the Contracting Officer. Preparation of Change Orders anddesign changes, due to errors and/or omissions by the Consultant, will be done at the sole expense of the Consultant. 26.2Changes in Scope of Work.The Boroughor its representative may, at any time, by a written Change Order delivered to the Consultant, make changes to the scope of work, or authorize additional work outside the scope of work. 26.3Compensation to the Consultant.If any Change Order for which compensation is allowed under this Article causes an increase or decrease in the estimated cost of, or time required for, theperformance of any part of the work under this Agreement, or if such change otherwise affects other provisions of this Agreement, an equitable adjustment will be negotiated. Such an adjustment may be: a.in the estimatedcost or completion schedule, or both; b.in the amount of fee to be paid; and c.in such other provisions of the Agreement as may be affected, and the Agreement shall be modified in writing accordingly. 26.4Any claim by the Consultantfor adjustment under this section must be asserted within fifteen (15) days from the day of receipt by the Consultantof the notification of change; provided, however, that the Boroughor its representative, deciding that the facts justify such action, may receive and actupon any such claim asserted at any time prior to final payment under this Agreement. Failure to agree to any adjustment shall be a dispute within the meaning of Section 25.0 of this Agreement. Page 6of 7 Contract No. FY2020-16 Salonie Creek Culvert Replacement Design Page 47 of 55 AGENDA ITEM #13.A.2. Contract FY2020-16 27.0LIMITATION OF FUNDS. 27.1At no time will any provision of this Agreement make the Boroughor its representative liable for payment for performance of work under this Agreement in excess of the amount that has been appropriated by the BoroughAssemblyand obligated for expenditure for purposes of this Agreement. 27.2Change orders issued pursuant to Section 26 of this Agreement shall not be considered an authorization to the Consultantto exceed the amount allotted in the absence of a statement in the change order, or other modification increasing the amountallotted. 27.3Nothing in this Section shall affect the right of the Boroughunder Section 17 to terminate this Agreement. 28.0PRIOR WORK.For the purposes of this Agreement, work done at the request of the Boroughor its representative before execution of this Agreement shall be deemed to be work done after its execution and shall be subject to all the conditions contained herein. 29.0NOTICES.Any notices, bills, invoices, or reports required by the Agreement shall be sufficient if sent by the parties in the United States mail, postage paid, to the address noted below: Kodiak Island BoroughInter-Fluve,Inc. Attn: BoroughManagerAttn: Dan Miller, PE 710 Mill Bay Road, Room 125501 Portway Ave, Suite 101 Kodiak, Alaska 99615Hood River, Oregon 97031 IN WITNESS WHEREOF, the parties have executed this Agreement. Kodiak Island BoroughInter-Fluve, Inc. Signed:Signed: By: Michael PowersBy: ________________________________ Title: BoroughManagerTitle: _______________________________ Date: Date: ATTEST: ______________________________ Tara Welinsky BoroughClerk Page 7of 7 Contract No. FY2020-16 Salonie Creek Culvert Replacement Design Page 48 of 55 AGENDA ITEM #13.A.2. Matt Gandel Applied River and Wetland Restoration Founded 1983 Kodiak Island Borough Engineering/Facilities Department 710 Mill Bay Road, Room 224 Kodiak AK 99615 Re: Salonie Creek Rifle Range Road Fish Passage Culverts Project Matt, Thank you for the opportunity to provide to Kodiak Island Borough (KIB) a proposal to prepare designs and construction documents for replacing six fish passage barrier culverts along Salonie Creek Rifle Range Road near Kodiak. I’ve reviewed the materials you sent and fish passage assessment reports and images on the ADFG mapper page. I understand the ADFG culvert no. 20703100 site currently has two recently placed 24-inch diameter HDPE pipes that ADFG is requiring be replaced this summer. The remaining five sites include existing steel culverts ranging in size from 24-inches to 36-inches in diameter and will not be built in 2020. I anticipate fish passage designs will be based on stream simulation methods to create a stream channel within the new structure. T ASK 1-R EVIEW EXISTING DATA: Inter-Fluve will review existing materials and readily available information about the culverts, streams and road conditions for the individual sites. T ASK 2-S ITE INVESTIGATIONS AND SURVEY: Inter-Fluve’s engineer of record will conduct a site visit of all sites. Inter-Fluve will work closely with Willman Land Surveying to coordinate collection of topographic data required for design. Willman will contract directly with KIB. I have spoken initially with Tim Willman about field survey coverage to include: the creek thalweg and water surface profiles, cross sections and bankfull widths and depths; culvert invert and crown details; and, road embankment cross sections. Per our discussion, I understand that I will join the Willman crew to run rod and collect the data needed for fish passage designs. Willman will head the survey effort, set survey control and provide base mapping. Inter-Fluve will use the Willman mapping and survey data for Inter-Fluve’s fish passage designs and construction drawings. Survey coverage will be determined in the field to collect representative conditions of the site and adjacent stream conditions, and is anticipated to extend at least 100- ft upstream and downstream of the crossing and 50-ft along the road in both directions from the crossing. Representative channel bankfull width and depth used for basis of stream simulation fish passage designs will be identified for each site Offices Nationwide 501 Portway Avenue, Suite 101, Hood River, Oregon 97031 541.386.9003 www.interfluve.com Contract No. FY2020-16 Salonie Creek Culvert Replacement Design Page 49 of 55 AGENDA ITEM #13.A.2. and included in the survey data collection. At least one pebble count will be collected at each site. Photos of existing vegetation will be taken for identification by Inter-Fluve’s botanists. If local knowledge of flow conditions at each site is encountered it will be noted for use to compare calculations against observations. Inter-Fluve will interview KIB staff about existing culvert function, road prism and soils conditions, cold region considerations, sources of streambed substrate, and preferred stream crossing structures. Assumptions: Field work will take up to 3 days for site investigations, survey, meetings with KIB, and review of potential streambed substrate component materials sources Geotechnical investigations are not included. KIB will provide a vehicle and lodging at no cost for duration of stay. If weather delays occur, Willman will be sufficiently flexible to reschedule fieldwork for Inter- Fluve to join the survey effort, and KIB lodging and vehicle will be available to Inter-Fluve if departure is delayed. Deliverables: Mapping and data collection will be summarized in memo prepared in later tasks. T ASK 3–H YDROLOGY AND HYDRAULIC MODELING Stream flow hydrology will be estimated from either readily available existing data or by USGS regressions (i.e. Curran et al. 2016), TR-55 and/or Rational method. Hydrology estimates will be compared against stream and culvert capacity and any anecdotal record of flows overtopping the road to confirm flow values are realistic. A one-dimensional HEC-RAS hydraulic model will be prepared for each site. Model geometry will be based on survey data. The model will include flows from the hydrology task. Hydraulic roughness will be estimated from professional judgment and checked against available technical references. This task includes preparation of models for each site for existing conditions. Design conditions will be modeled in subsequent tasks. Deliverables: Hydrology estimates and hydraulic model results will be summarized in project memorandum in later tasks. T ASK 4-C ONCEPT DESIGNS Based on results of field investigations, channel bankfull widths and depths, results of hydraulic analysis and road embankment configuration, initial fish passage solutions will be identified and documented in conceptual sketches showing the stream and culvert profile, typical section and concept level grading of the roadway. It is anticipated that either larger pipe arch culverts countersunk below the stream bed profile and backfilled with stream bed substrate or open bottomed pre-fabricated bridges will meet ADFG’s stream simulation design criteria. A brief memorandum will be prepared describing the concept and include a planning level cost estimate. The sketches will be presented in a web meeting for consideration and comment. The outcome of the web meeting is selection of a preferred alternative for each site to take to design. Assumptions: Geotechnical design of footings is not included. Contract No. FY2020-16 Salonie Creek Culvert Replacement Design Page 50 of 55 AGENDA ITEM #13.A.2. Deliverables: Concept graphics and brief summary memo will be provided in PDF format and presented for discussion in a Zoom web meeting. T ASK 5-P RELIMINARY DESIGNS For the preferred alternative at each site, plans and estimate will be prepared to a permit ready level. HEC-RAS modeling will be updated to reflect proposed conditions for crossing conveyance capacity, streambed substrate design and scour protection. Plans will detail crossing structure by type, size and location and constructed streambed including substrates and grading design. We understand that permitting will be completed by others. A project memorandum summarizing the designs will be prepared. The preliminary plans will be submitted in PDF format and presented by teleconference and web meeting. Assumptions: Plans will support permitting efforts to be completed by others. Plans for Site 20703100 will be standalone. Remaining five sites may be combined into one plan set. Deliverables: Preliminary plans, cost estimate and memorandum will be provided in PDF format and presented for discussion in a Zoom web meeting. T ASK 6-F INAL DESIGNS Comments by stakeholders and permitters will be incorporated as appropriate to finalize designs, plans, specifications, estimate (PS&E) and memorandum for all sites. Final stamped plans and memorandum will be provided in PDF format. Deliverables: Final plans, specification, estimate and memorandum will be provided in PDF format and presented in a Zoom web meeting. T ASK 7-P ROJECT M ANAGEMENT Inter-Fluve will provide routine project management including contracting, maintaining communication with client, invoicing and other management tasks. Please don’t hesitate to suggest modifications to this proposal to best meet the needs of the project. We look forward to working with you on this project. Best, Dan Miller, PE Principal Hydraulic Engineer Contract No. FY2020-16 Salonie Creek Culvert Replacement Design Page 51 of 55 AGENDA ITEM #13.A.2. Contract No. FY2020-16 Salonie Creek Culvert Replacement Design Page 52 of 55 AGENDA ITEM #13.D.1. KODIAK ISLAND BOROUGH STAFF REPORT MARCH 5, 2020 ASSEMBLY REGULAR MEETING SUBJECT: *Confirmation Of Mayoral Appointment To The Mission Lake Tide Gate Service Area Board (Mr. Alan Wolf). ORIGINATOR: Clerk's Office Staff RECOMMENDATION: Move to confirm the mayoral appointment of Mr. Alan Wolf to the Mission Lake Tide Gate Service Area Boar d for a term to expire 2021. DISCUSSION: ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: Kodiak Island Borough Code Chapter 2.100 Boards, Committees, and Commissions 2.100.030 Appointments Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. The mayor shall appoint a new applicant until an appointment is confirmed by the assembly. The mayor may not appoint again the same person whose confirmation was failed by the assembly for the same board, committee, or commission until the next annual appointment process unless authorized by the assembly. \[Ord. 02-09 §3, 2002; Ord. 02-05 §2, 2002; Ord. 98-02 §8, 1998; Ord. 87-29-O §3, 1987. Formerly §2.39.030\]. Chapter 4.130 Mission Lake Tidegate Service Area 4.130.010 Creation and powers.The Mission Lake tidegate service area is established pursuant to Ordinance No. 2002-02 and encompasses the area as indicated on the map attached to that ordinance. Construction, operation, and maintenance of the Mission Lake tidegate shall be provided in the Mission Lake tidegate service area. \[Ord. 02-02 §7, 2002, ratified and certified by Res. 02-21, 2002\]. Kodiak Island Borough *Confirmation Of Mayoral Appointment To The Mission Lake Tide Gate Servi... Page 53 of 55 AGENDA ITEM #13.D.1. KODIAK ISLAND BOROUGH -- --- STAFF: EF DIRECTOR, DAVID CONRAD 486-9357 dconrad@kodiakak.us ENGINEERING AND FACILITIES DEPARTMENT 710 MILL BAY ROAD ROOM 224 KODIAK, AK 99615 *Confirmation Of Mayoral Appointment To The Mission Lake Tide Gate Servi... Page 54 of 55 AGENDA ITEM #13.D.1. *Confirmation Of Mayoral Appointment To The Mission Lake Tide Gate Servi... Page 55 of 55 Kodiak Island Borough Finance Department Memorandum TO: Mayor and Members of the Assembly THROUGH: Michael Powers, Manager FROM: Dora Cross, Finance Director SUBJECT: Bonded School Projects — Update DATE: March 5, 2020 This memo updates the current status of two bonded school projects; the High School Addition and Renovation project and the School Renovation and Repair project. As of March 1, 2020, between the two projects, the Borough has paid out $1,782,473 more in expenditures than we have received in revenues. Although neither project has reached the maximum voter approved expenditure levels, Engineering & Facility staff have indicated they would like to use only the $857,949 of available bond proceeds remaining unsold on the School Renovation and Repair Project for siding and roofing repairs on the NorthStar Elementary School. Since the High School Addition and Renovation Project is complete, staff would only be asking for reimbursement of actual expenses and not any additional money for other projects. The Borough may be able to participate in the mass bond sale (issuance) the State of Alaska is planning to conduct. The original April sale date has now been moved to May/June 2020 and at this time, staff is requesting authorization to sell $2.65 million with a 'Not To Exceed Amount' of $3 million. Since the current financial environment for investments is volatile, and interest rates were cut by 50 basis points this week with the expectation of more cuts in the near future, estimates for the bond interest costs are difficult to predict. The follow is an estimate for principal costs only: red = estimated numbers Updated Bond Project Summaries and Details below have been updated through the date of this memo. High School Addition School Renovation Estimated and Renovation Project and Repair Project Total Unreimbursed expenses $410,422 $2,230,000 2,640,422 Bond expenses (underwriting, issuance, attorney, premium/discount, etc.) 34,078 152,500 186,700 Requested Bond Proceeds $444,500 $2,382,500 $2,827,122 Length of bond repayment 20 year 10 year Estimated annual principal and interest costs $22,225 $238,250 Estimated mill rate equivalent 0.015 0.167 red = estimated numbers Updated Bond Project Summaries and Details below have been updated through the date of this memo. PROJECT SUMMARIES Unreimbursed Available High School Addition and Renovation Project: Actual Income Debt Financing $71,811,195 Grants and Other Financing 7.538,000 Total Actual Income $79,349,195 Less Actual Expenditures 79.759.617 Total Funding Excess/(Deficiency) $ (410,422) Remaining Available for additional Projects Voter Approved Project Total $80,800,000 Less Actual Expenditures 79.759.617 Remaining Available Project Funds $ 1,040,383 School Renovation and Repair Project: Actual Income Debt Financing $ 8,000,000 Grants and Other Financing 50,000 Total Actual Income $ 8,050,000 Less Actual & Encumbered Expenditures 9.422.051 Remaining Funding Excess/(Deficiency) $ (1,372,051) Remaining Available for additional Projects Voter Approved Project Total $10,230,000 Plus DEED Redirect Funding 50,000 Less Actual & Encumbered Expenditures 9.422,051 Remaining Available Project Funds $ 857,949 Total 11.782.473) 1.898.33 High School Addition and Renovation Voters approved the issuance $76,310,000 of General Obligation bonds in 2009. Voter Pamphlet Information Project Estimated Cost Additions to KHS $ 44,270,000 Renovate Existing KHS 35,210,000 Renovate Parts of KHS for School District Administration 1,100,000 Demolish Existing Business Department and Learning Center 220,000 Project Total 5 80.800.000 Less Available Funds in Other Projects KHS Exterior Insulation and window replacement $ (590,000) KHS VocEd Renovation and Pool Reclamation (3,900,000) Total Deductions (4,490,000) Total Maximum Authorized Bond Issue 5 76.310.000 Income/Funding Activity Information Year Activity Description Amount Balance of Available Funding 2009 Authorized Funding $ 80,800,000 2010 Less Grants & Other Financing $ 7,538,000 $ 73,262,000 2010 Less DEED Redirected Funds $ 4,261,195 $ 69,000,805 2011 Less Issued Bonds $ 8,000,000 $ 61,000,805 2013 Less Issued Bonds $ 25,000,000 $ 36,000,805 2014 Less Issued Bonds $ 25,000,000 $ 11,000,805 2015 Less Issued Bonds $ 7,000,000 $ 4,000,805 2016 Less Issued Bonds $ 2,000,000 $ 2,000,805 2018 Less Other Debt Financing $ 550,000 $ 1,450,805 Expenditure Activity Life -to -Date Project Expenditures $79,759,617 (as of 02-14-20) P School Renovation and Repair Voters approved the issuance $10,230,000 of General Obligation bonds in 2014. Voter Pamphlet Information Pro'ect Name Original Ballot Cost KMS UST Replacement $150,000 East Elem. School Flooring Replacement $649,000 Peterson Elem. School Flooring Replacement $363,500 Port Lions School UST Replacement $200,000 Main Elem. School UST Replacement $150,000 KMS New Elevator Controls $54,000 KMS New HVAC Controls $1,576,200 Peterson Elem. School New HVAC Controls $694,900 KMS Rear Parking Lot Paving $675,800 East Elem. School Cafeteria Roof Replacement $1,248,500 Ouzinkie School Old Wing Flooring Replacement $160,300 Ouzinkie School New Wing Flooring Replacement $41,000 Akhiok School Flooring Replacement $95,500 KMS Fire Alarm Replacement $405,000 East Elem. School Parking Lot Paving $687,200 Peterson Elem. School Parking Lot Paving $972,000 KMS Bus Ramp Roof Replacement $118,800 Peterson Elem. School Replacement of Boilers $324,600 Main Elem. School Gym Floor Replacement $450,000 Karluk School Flooring Replacement $86,700 Chiniak School Playground Equipment Replacement $101,200 Karluk School Playground Equipment Replacement $101,200 khiok School Playground Equipment Replacement $101,200 East Elem. School Replacement of Plumbing Fixtures $256,500 Old Harbor School Playground Equipment Replacement $121,500 Ouzinkie School Playground Equipment Replacement $121,500 Port Lions School Playground Equipment Replacement $121,500 Old Harbor School UST Replacement Total $10.230.000 School Renovation and Repair (cont'd) Income/Funding Activity Year Activity Description Amount Balance of Available Fundin 2014 Authorized Funding $ 10,230,000 2015 Less Issued Bonds $ 2,000,000 $8,280,000 2016 Less Issued Bonds $ 6,000,000 $2,230,000 Expenditure Activity Life -to -Date Actual Project Expenditures Encumbered Project Expenditures Total Project Expenditures $9,402,290 19,761 9.422.05 (as of 02-14-20) Kodiak Island Borough Assembly Regular Meeting Guidelines March 5, 2020 6:30 p.m., Borough Assembly Chambers PLEASE ANNOUNCE: Please remember to turn off ringers on your cell phones or put them on vibrate. 1. INVOCATION Major Dave Davis of the Salvation Army. 2. PLEDGE OF ALLEGIANCE Mayor Roberts. 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 Arndt, Skinner, and Symmons who are absent due to travel for Borough business. 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. Recommended motion: Move to approve the agenda and consent agenda. * Regular Meeting Minutes of February 20, 2020. * Confirmation of a Mayoral Appointment to the Mission Lake Tide Gate Service Area Board. (Alan Wolf) VOICE VOTE ON MOTION Clerk's note: If a member wishes to remove an item from Consent Agenda: Recommended motion: Move to amend the agenda and consent agenda by moving to for discussion. ROLL CALL VOTE ON MOTION TO AMEND THE AGENDA AND CONSENT AGENDA VOICE VOTE ON MOTION TO APPROVE THE AGENDA AND CONSENT AGENDA AS AMENDED. 5. APPROVAL OF MINUTES * Regular Meeting Minutes Of February 20, 2020. Kodiak Island Borough Assembly Guidelines March 5, 2020 Page 1 . 6. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 4. address all remarks to the Assembly as a body and not to any member thereof PLEASE ANNOUNCE THAT THIS IS FOR GENERAL COMMENTS ONLY COMMENTS AND COMMENTS FOR: Ordinance No. FY2020-14 Determining The Disposition Of Tax Year 2007 Foreclosed Properties KIB/Dorothy Beeching And KIB/Estate Of Willie Norell And Establishing Intention To Surplus And Sell Said Property By Finding That A Public Need Does Not Exist For The Property And Authorizing The Property For Immediate Disposal WILL BE TAKEN UNDER PUBLIC HEARING. 7. AWARDS AND PRESENTATIONS A. Choose Respect Proclamation — Declaring the month of March 2020 as the month of Choose Respect to break the silence and stand up against sexual assault, domestic violence, and child sexual abuse. Accepting this Proclamation is Advocate, Ellamy Tiller, from the Kodiak Womens Resource Center. B. Women's History Month Proclamation — Declaring the month of March 2020 as National Women's History Month to urge residents to increase their knowledge and appreciation of the valuable role women play in our lives. Accepting this Proclamation is Advocate, Ellamy Tiller, from the Kodiak Womens Resource Center. C. Employee of the Quarter Award — Presented by Borough Manager Powers. (Elliot Blacha, Maintenance Mechanic) D. Employee of the Year Award — Presented by Borough Manager Powers. (Elliot Blacha, Maintenance Mechanic) E. Bayside Fire Department Presentation, Chief Howard S. Rue III EFO. 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No. FY2020-14 Determining The Disposition Of Tax Year 2007 Foreclosed Properties KIB/Dorothy Beeching And KIB/Estate Of Willie Norell And Establishing Intention To Surplus And Sell Said Property By Finding That A Public Need Does Not Exist For The Property And Authorizing The Property For Immediate Disposal. Recommended motion: Move to adopt Ordinance No. FY2020-14. Staff report — Manager Powers. Open public Hearing Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Kodiak Island Borough Assembly Guidelines March 5, 2020 Page 2 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 MOTION. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS A. Contracts 1. Change Order No. 7 Amending Contract FY2019-10 Architectural and Engineering Services Term Contract for Design for the Borough Building Boiler Room Renovation. Recommended Motion: Move to authorize the Borough Manager to execute Change Order No. 7 Amending Contract FY2019-10 With Jensen Yorba Wall, Inc. For Architectural And Engineering Services Term Contract In An Amount Not To Exceed $39,767. Staff Report — Manager Powers. Assembly discussion. ROLL CALL VOTE ON THE MOTION. 2. Contract No. FY2020-16 Salonie Creek Culvert Replacement Design. Recommended Motion: Move To Authorize The Borough Manager To Execute Contract No. FY2020- 16 With Inter-Fluve Inc. In An Amount Not To Exceed $50,802. Staff Report — Manager Powers. Assembly discussion. ROLL CALL VOTE ON THE MOTION. B. Resolutions — None. C. Ordinances for Introduction — None. D. Other Items 1. *Approved under consent agenda *Confirmation Of A Mayoral Appointment to the Mission Lake Tide Gate Service Area Board. (Alan Wolf) 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Kodiak Island Borough Assembly Guidelines March 5, 2020 Page 3 Agenda Items not scheduled for public hearing and general comments. Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202. Please ask speakers to: 1. sign in 2. state their name for the record 3. turn on the microphone before speaking 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 12, 2020 at 6:30 p.m. in the School District Conference Room. The next regular meeting is scheduled on Thursday, March 19, 2020 at 6:30 p.m. in the Borough Assembly Chambers. Notice of Public Meetings and Assembly meeting agendas are available on the KIB website, posted on the KIB Facebook page, and are also posted at the Library, Safeway, and Borough building. For those who do not have internet, you may call the Borough meeting notification line at 907-486-9315. 16. EXECUTIVE SESSION — None 17. 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 5, 2020 Page 4 mCD o' 0 0 � y OQ CD CD (D d m o 3 N � O S `G � O N D J3 CD m CL CDm QN O C , y S (D Ln N a o C 0 0 c 'p 3 c a c .D N O — u✓ 3 3 -. O O 03 o OmC a � m CD > > �a am a CD a - ACD �3 CD CD N O N y a (D c N tiM o � N A A (D 0 CD I a c CD In W y a c, '° p N C-1 o g a N V CD 3 n A U7 D -1 W 3 (n 3 O D Cl) n 0 0 CD 0 3 m 3 3 0 S< 0 m 0 d 3 ° O z c o m o 7 N m a 0 m c x N l 3 S v C< G < M O o (D ID m � r o Z < 3 3 z O cn W m c n�i O o °' D O m 0 0 ; < ,f% 0 z_ o Q CD g m r i CD ❑. 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N m N O A N m -• O � c m N N .a CD c CD �m 'o' a � c N A A v CD m T a c m N IF Dom) O 7 3 7 m 7 � D CD 0 < < 7r pCDM �� O ti Z cr 3 CD C N i O cc S l o <m O Vzo CD mGO m� o� O 0 O ;ar or CD CD 0 m r A coo = < 0) ° v N CD COL C _ 0 CD CD 0 2 m Cl)m 0_ Z ') O N X m u3i m O m_ 77'7 i n 03 m CDD N r A 0 c n T` < 0 EL O o N O -i m Im o< a m m m O N ID O N CD 3r J C O CD ° S m m v D Z !a z O ID Z M A=r< 0 Z o m a m m o a °' m v N (D m F cG v = T m Z m v, � S m < m m 2 m < 3 Z m W cK) O m - . m n �` O o m C D .J m o n D<) m x G N N N CD c to S m R'3 N 0 ,-I -am:, N C 7 CD v E Ell CD O 7 CD m d ;2-�I i�I C ODIAK ISLAND BOROUGH r Meeting Type: j Zv� d�l e Date: Please PRINT your name legibly Please PRINT your name legibly LKA View our website: www.kodiakak.us Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough Kodiak Island Borough Assembly Newsletter Vol. FY2020, No. 50 March 6, 2020 At it’s Regular Meeting of March 5, 2020, the Kodiak Island Borough Assembly Took the Following Actions. The Next Regular Meeting of the Borough Assembly is Scheduled on Thursday March 19, 2020, at 6:30 p.m. in the Borough Assembly Chambers. PROCLAIMED The Month Of March 2020 As The Month Of Choose Respect To Break The Silence And Stand Up Against Sexual Assault, Domestic Violence, And Child Sexual Abuse. PROCLAIMED The Month Of March 2020 As National Women's History Month And Urged Residents To Increase Their Knowledge And Appreciation Of The Valuable Role Women Play In Our Lives. PRESENTED The Employee Of The Quarter Award To Elliot Blacha, Maintenance Mechanic, In The Engineering And Facilities Department. PRESENTED The 2019 Employee Of The Year Award To Elliot Blacha, Maintenance Mechanic, Engineering And Facilities Department. RECEIVED Bayside Fire Department Presentation From Chief Howard S. Rue III, EFO. ADOPTED Ordinance No. FY2020-14 Determining The Disposition Of Tax Year 2007 Foreclosed Properties KIB/Dorothy Beeching And KIB/Estate Of Willie Norell And Establishing Intention To Surplus And Sell Said Property By Finding That A Public Need Does Not Exist For The Property And Authorizing The Property For Immediate Disposal. AUTHORIZED The Borough Manager To Execute Change Order No. 7 Amending Contract FY2019-10 With Jensen Yorba Wall, Inc. For Architectural And Engineering Services Term Contract In An Amount Not To Exceed $39,767. AUTHORIZED The Borough Manager To Execute Contract No. FY2020-16 With Inter-Fluve Inc. In An Amount Not To Exceed $50,802. *CONFIRMED The Mayoral Appointment Of Mr. Alan Wolf To The Mission Lake Tide Gate Service Area Board For A Term To Expire December 31, 2021. (*) Items Approved Under Consent Agenda.