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FY2021-02 Island Trails Network Saltery Cove Trail System Access and Improvement ProjectContract No. FY2021-02A Amendment Two Cooperative Agreement Number 21-017 Title: Saltery Cove Trail System Access Improvements Between: Alaska Department of Fish and Game Division of Wildlife Conservation and Kodiak Island Borough 11. PURPOSE OF THE COOPERATIVE AGREEMENT is hereby amended as follows: On September 12, 2023, USFWS WSFR approved a DWC grant amendment request to extend the grant period end date for AKW-D-6-2020 Saltery Cove Trail System Access Improvements by one year to December 31, 2024. Therefore, the project period which includes the 20 year useful life period will also be extended by one year to November 30, 2044. This coop amendment extends this grant to November 30, 2044. By extending the grant, the Kodiak Island Borough is thereby agreeing to maintenance of the grant funded improvements for the duration of the 20 useful life period beginning at completion of the project. IV. KEY CONTACTS 1. ADFBG Huner Access Program Key Contacts: Lisa Delaney, Habitat Biologist Il is removed in Project Management 2. Subawardee Key Contacts: Matt Gandel is removed as a subawardee Investigator contact and replaced by: Dave Conrad, Director Engineering and Facilities Kodiak Island Borough 710 Mill Bay Rd. Kodiak, AK 99615 Email: dconrad(cDkodiakak.us Phone: 907-486-9340 Authorized Representative: Andy Schroeder is removed as subawardee Authorized Representative, and replaced by: Travis Cooper, Executive Director Island Trails Network 326 Center St. #206 Kodiak, AK 99615 Email: travis(cDislandtrails.org Phone: 206-486-6656 Invoicing Contact: Erin Welty is removed as subawardee Invoicing Contact VI. IX. Alaska Dept. of Fish and Game Cooperative Agreement # 19-143 PROJECT PERIOD 1. The project period which includes the timeline as outlined in the PS and the 20 year useful life period is amended to be extended one year. The project will be completed by November 30, 2024, and the grant will close on December 31, 2024. After the project is complete, the 20 year useful life period will begin. Therefore, this coop shall be effective for the period commencing on August 26, 2020, and ending on November 30, 2044. The ADF&G Hunter Access Program shall not have any obligation for payments to the Subawardee for activities undertaken after November 30, 2024, unless the grant is extended. Match expenses accrued after November 30, 2024, are not allowable. COVENANTS OF THE KODIAK ISLAND BOROUGH 8. To respond to the ADF&G Hunter Access program for the timely development of performance reports as described in section XVI of this co-op. The interim federal financial and performance report shall be submitted to ADF&G by December 1 each year during the performance period (i.e., 2021, 2022, 2023, and 2024). The final federal financial and performance report shall be submitted to ADF&G by February 28th, 2025. All other terms and conditions of the original contract remain the same. Signatories: Kodiak Island Borough Aimee Williams, Borough Mara , v Nov Z3 Date ATTEST Lina ruz, CMC Deputy Clerk DATE: lJ 2 Page 2 Alaska Department of Fish and Game i Danie Reierson, Admin Operations Manager Division of Wildlife Conservation zil2On Date �Ez� Bonnie N. Jens Director Division of Admini trative Services l I Z, 1 23 Date AGREEMENT FOR SALTERY COVE TRAIL SYSTEM ACCESS & IMPROVEMENTS KODIAK ISLAND BOROUGH Contract No. 2021-02 This Agreement made and entered into this 17th day of July, 2020, by and between the Kodiak Island Borough, (herein 'Borough"), a general law municipality and a Borough of the second class, whose address is: 710 Mill Bay Road, Kodiak, Alaska 99615, and Island Trails Network, an Alaska non-profit corporation, (herein "ITN"), whose address is, Post Office Box 301, Kodiak, Alaska 99615, and licensed and qualified to do business within the State of Alaska, (herein "Contractor.") RECITALS A. The Alaska Department of Fish and Game has secured a grant from the U.S. Fish and Wildlife Service to the Alaska Department of Fish and Game, Grant number F20AF00256, for the Saltery Cove Trail System Access and Improvements (herein "USFWS Grant'). This grant requires 25% non-federal matching funds. B. The Alaska Department of Fish and Game and the Borough have entered into a cooperative agreement for implementation of the grant and accomplishment of the work under the USFWS Grant (herein, "Cooperative Agreement'), which is identified as AKW-D-6-2020. C. Contractor has assisted with securing the USFWS Grant and intends to provide volunteer labor as part of the satisfaction of the non-federal match requirement. D. Contractor is uniquely qualified to provide the services under this Agreement due to the matching volunteer labor contribution. E. The Borough and Contractor desire to cooperate in the accomplishment of the work described in the March 24, 2020 grant award from the U.S. Fish and Wildlife Service to the Alaska Department of Fish and Game, Grant number F20AF00256, for the Saltery Cove Trail System Access and Improvements. As described in the scope of work incorporated by reference in Part 1, Section 2 of this Agreement. F. Contractor represents that it is ready, able and qualified to perform, and will perform, in all respects, all of the work, services, and materials, and to otherwise perform all of the terms, covenants, conditions and provisions of the Agreement in the manner, at the times, and for the consideration hereafter provided. Now, therefore, for and in consideration of the terms, covenants, conditions, and provisions contained herein, and/or attached and incorporated herein and made a part hereof, the parties hereto agree as follows. This Agreement consists of: ITN Saltery Trail, Page 1 A. Part I, consisting of eighteen (18) sections of General Provisions. Part II, consisting of six (6) sections of Special Provisions. PART GENERAL PROVISIONS Section 1: Agreement to Perform. The Borough hereby agrees to engage the Contractor, and the Contractor hereby agrees to perform, complete, provide and furnish, in a timely and proper manner, and pursuant to and in accordance with all of the terms, covenants, conditions and provisions of this Agreement, all of the work, services, labor and materials required to accomplish all of the work described in Section 2 hereof at the times, in the manner, and for the consideration and payments hereinafter set forth. Section 2: Description of Work. The Contractor shall perform, supply, and provide all of the work, services and materials to accomplish the Saltery Cove Trail System Access and Improvements (herein, "Project"), as set forth and described on Exhibit A, attached hereto and incorporated herein by this reference. Section 3: Time for Commencement and for Completion of Work. a. Commencement. Contractor shall commence the work called for in this Agreement upon the giving of a Notice to Proceed by the Borough. b. Completion. Upon giving of Notice to Proceed, the work called for in this Agreement shall be performed starting July 17, 2020, and completed by December 31, 2023. Section 4: Financial Terms. a. Compensation and Payment. For and in consideration of the timely and proper performance of work authorized as provided herein, the Borough shall pay the Contractor at the rates provided for in the Contractor's Proposal (Exhibit A). Payments shall be based upon invoices, which may be submitted no more frequently than monthly. The total funds paid under this Agreement over the Agreement terms shall not exceed $330,340. b. No Additional Work. No claim for additional work, services or materials, not specifically and expressly requested and authorized as provided for in this Agreement, or by a written amendment thereto signed by both parties, done or furnished by the Contractor, will be allowed or paid by the Borough, and Contractor expressly waives any claim therefore. c. Availability of Funds. This Agreement is subject to the availability of funds lawfully appropriated for its performance. d. The Borough may delay or withhold payments from the Contractor for any of the following reasons: i. The application for payment misstates the amount of services completed; ii. Liens or Third -Party Claims filed or reasonable evidence indicating probable filing of such claims; ITN Saltery Trail, Page 2 iii. Reasonable evidence that the Project cannot be completed for the unpaid balance of the Agreement sum; iv. Reasonable evidence that the Project cannot be completed within the time for completion of work; v. Persistent failure to perform the services in accordance with the Agreement documents; or vi. Noncompliance with applicable grant conditions of the USFWS Grant or the Cooperative Agreement. In the event funds are delayed or withheld, the Borough shall provide the Contractor notice of the amount withheld and the basis upon which it is withheld. Section 5: Borough's Contracting Officer. For purposes of this Agreement, the Borough's contracting officer shall be the Borough Manager or such other person as is designated in writing by the Borough Manager. Section 6: Contractor Qualified. The Contractor expressly represents and warrants it is now and shall continue to be at all times during the performance of this Agreement, the holder of all required or necessary professional, business or other licenses or permits and is qualified and capable of performing all of the work covered or called for by this Agreement and is presently ready, able and willing to undertake and perform all of such work and services, and to supply all necessary materials and equipment, at the times, and in a non -negligent professional and workmanlike manner, and pursuant to the terms, conditions and provisions, and for the compensation and payments as herein provided. Section 7: Termination a. By Consent. This Agreement may be terminated in whole or in part by the mutual consent of the parties. Such consent shall be in writing. b. Termination for Cause. This Agreement may be terminated in whole or in part in writing by Borough in the event of failure by Contractor to fulfill any of the terms and conditions of this Agreement upon the giving of not less than five (5) calendar days prior written notice of intent to terminate in the manner provided in Part 1, Section 10, hereof. c. Termination for Convenience of Borough. This Agreement may be terminated in whole or in part in writing by the Borough for Borough's convenience provided the Contractor is given not less than thirty (30) calendar days prior written notice of intent to terminate in the manner provided in Part 1, Section 10, hereof. d. In the event termination by the Borough is effected pursuant to (b) above, the Contractor shall not be entitled to receive any further payment until the work is completed, or the Borough elects to not proceed further with the project. The Borough reserves the right to seek appropriate remedies, which may include damages, for any breach of this agreement whether or not such breach results in termination for cause. The Borough reserves the right to seek appropriate damages for work which does not meet specifications and has not been remedied through commercially reasonable efforts. ITN Saltery Trail, Page 3 e. Upon receipt of a termination notice pursuant to paragraphs (b), (c), or (d) above, the Contractor shall promptly discontinue all services (unless the notice directs otherwise), and deliver or otherwise make available to the Borough all data, drawings, notes, specifications, reports, estimates, summaries, work in progress, and any and all other information and/or materials as may have been accumulated by the Contractor in performing this Agreement, whether completed or in process, and free and clear of any mechanics or other liens or claims in favor of Contractor or any other person. In the event of termination, and when all amounts due under the Agreement have been paid, the Borough is entitled to a perpetual license of the delivered content. f. Upon termination pursuant to paragraphs (b), (c), or (d) above, the Borough may, but shall not be required to, take over the work and prosecute the same to completion by agreement with another person or otherwise, may elect to complete the work itself, or to not proceed further with the work and project. The Contractor shall be entitled to pay for work performed prior to termination. Unless termination is for convenience of the Borough under paragraph (c) above, the payment shall be subject to adjustments in paragraph (d) above. g. If, after termination by the Borough pursuant to (b) above, it is determined that the Contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the Borough. In such event, adjustment of the amounts to be paid to Contractor for termination shall be made as provided in paragraph (f) of this Section. h. No other damages, whether for lost profits or otherwise, other than the amounts allowed and computed as provided for in this Section 7 shall be due or payable to Contractor in the event of termination. Section 8: Conflict of Interest. The Contractor covenants, warrants and represents that the Contractor has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner with the subject matter or the performance of this Agreement. The Contractor further covenants, warrants and represents that in the performance of this Agreement, no person having any such interest shall be employed. Section 9: Assignment and Subletting Prohibited. Neither party may assign or transfer this Agreement or any rights granted to it hereunder, in whole or in part, nor delegate any of its duties or obligations arising hereunder without prior written consent of the other party, which consent shall not be unreasonably withheld; provided, however, that this Agreement may be transferred by operation of law or assignment by either party to a surviving entity or a merger or consolidation involving that party or to a purchaser of all or substantially all of that party's assets. Any assignment, transfer or delegation of rights, duties or obligations hereunder in contravention of the preceding sentence shall be null and void. This Agreement shall be binding upon and shall inure to the benefit of, and be enforceable by, the parties to this Agreement and their respective successors and assigns. Section 10: Notice. a. Any notice, demand, request, consent, approval, or other communication that either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail at the address set forth below. Either party may change its address by notifying the other party of its change of address in writing. Notice shall be deemed to have been duly made and given when delivered if served personally, ITN Saltery Trail, Page 4 or upon the expiration of twenty-four (24) hours after the time of mailing if mailed as provided in this Section. Borough: The Borough Manager's Office 710 Mill Bay Road Kodiak, Alaska 99615 Contractor: Andrew Schroeder Island Trails Network PO Box 301 Kodiak, AK 99615 b. The performance and administration of this program and this Agreement will be monitored by the Borough and such other agencies as may be required or authorized pursuant to the terms of any grant to the Borough. Necessary reports, in proper form, will be required as a prerequisite to any payment to the Contractor. c. All project records shall be maintained by the Contractor for not less than three (3) years after completion and final acceptance of all work by the Borough and shall be subject to inspection and copying by the Borough or any funding agency during said period. Section 11: Status of Parties. a. Independent Contractor. The Contractor shall perform its obligations hereunder as an independent contractor of the Borough. The Borough may administer the Agreement and monitor the Contractor's compliance with its obligations hereunder. The Borough shall not supervise or direct the Contractor other than as provided in this Section. b. Relationship of the Parties. Nothing herein contained shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto, it being understood and agreed that neither method of computation of payment nor any other provision contained herein, nor any acts of the parties hereto, shall be deemed to create any relationship between the parties hereto other than the relationship of Borough and an independent Contractor. Section 12: Hold Harmless and Indemnity. a. The Contractor shall indemnify, defend, save and hold the Borough, its officers, employees and agents harmless from any and all claims, lawsuits, liabilities, penalties, or fines, including attorney's fees and costs, arising out of, in connection with, or incident to any loss, damage or injury to persons or property occurring as a result of the Contractor's or any subcontractor's intentional misconduct or negligent acts, errors or omissions in its performance pursuant to this Agreement. The obligation in this section to defend against claims by third parties applies whether or not the alleged claim is found to have been the responsibility of the Contractor. b. Contractor further agrees to appear and defend, and to indemnify and save free and harmless the Borough and its officers, employees and agents from and against any of the foregoing claims, liabilities, penalties, fines or damages, whether or not valid, and for any cost and expense, including reasonable attorney's fees, incurred by the Borough, its officers, employees or agents on account of any claim therefore, including claims by reasons of any ITN Saltery Trail, Page 5 defects in any plans, drawings, specifications, computer programs, technical reports, or other work product of Contractor prepared for or submitted to the Borough pursuant to this Agreement provided said claim is not based upon a use of said plans, drawings, specifications or other work product for other than the purposes for which such data was prepared and submitted to the Borough. c. Contractor shall keep the work free from all liens and shall indemnify and defend the Borough and hold it harmless from any claims of Contractor's subcontractors or suppliers. Section 13: No Third -Party Beneficiaries. Nothing in this Agreement shall be construed to give any person other than the Borough and the Contractor any legal or equitable right, remedy or claim under this Agreement, but it shall be held to be for the sole and exclusive benefit of the Borough and the Contractor. Section 14: Compliance with Laws and Regulations. Contractor shall, at Contractor's sole cost and expense, comply with all of the requirements of all local, state, or federal laws, ordinances, or regulations now in force, or which may hereafter be in force, pertaining to this Agreement, or the project or work to be performed, and shall faithfully observe in the performance of this Agreement, all local, state, and federal laws, ordinances and regulations now in force or which may hereafter be in force. When a change in laws, ordinances or regulations results in additional costs, the Contractor may request a change order to cover those costs. Any such change order shall be limited to the Contractor's actual additional costs as a result of the change. The Contractor shall pay all taxes pertaining to its performance under this Agreement. Section 15: Successors and Assigns. Except as otherwise provided herein, the covenants, agreements and obligations herein contained shall extend to bind and inure to the benefit not only of the parties hereto but their respective personal representatives, heirs, successors and assigns. Section 16: Miscellaneous. a. Terminology. Whenever herein the singular number is used, the same shall include the plural, and the masculine gender shall include the feminine and neutral genders. b. Law Applicable. The laws of the State of Alaska shall govern the construction, validity, performance and enforcement of this Agreement. Venue as to any action, claim, or proceeding arising out of, or based upon this Agreement, including, but not limited to, any action for declaratory or injunctive relief, shall be the appropriate Court sitting in the City of Kodiak, Third Judicial District, Alaska. c. Paragraph Headings. The headings of the several sections and subsections contained herein are for convenience only and do not define, limit or construe the contents of such sections and subsections. d. Terms Construed as Covenants and Conditions. Every term and each provision of this Agreement performable by Contractor shall be construed to be both a covenant and a condition. e. Time of the Essence. Time is of the essence of each term, condition, covenant and provision of this Agreement; provided, however, that the parties understand that some ITN Saltery Trail, Page 6 performance is weather dependent and delays due to weather or other matters outside of Contractor's control are excepted. f. Severability. In the event any provision of this Agreement is adjudicated or held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. g. Nonwaiver. No delay or omission of the right to exercise any power by either party shall impair any such right or power, or be construed as a waiver of any default or as acquiescence therein. One or more waivers of any covenant, term or condition of this Agreement by either party shall not be construed by the other party as a waiver of a subsequent breach of the same covenant, term or condition. The consent or approval by either party to any act by the other party of a nature requiring consent or approval shall not be deemed to waive or render unnecessary consent to or approval of any subsequent similar act. Section 17: Amendment. a. This Agreement shall only be amended, modified or changed by writing, executed by authorized representatives of the parties. b. For the purpose of any amendment modification or change to the terms and conditions of this Agreement, the only authorized representatives of the parties are: Island Trails Network, Andrew Schroeder, Executive Director - Alaska Kodiak Island Borough, Borough Manager c. Any attempt to amend, modify, or change this Agreement by either an unauthorized representative or unauthorized means shall be void. Section 18: Entire Agreement. This Agreement and any schedules, appendices or exhibits attached hereto sets forth all the covenants, promises, agreements, conditions and understandings between the parties hereto, and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between them other than as herein set forth. Except as herein otherwise expressly provided, no contemporaneous or subsequent agreement, understanding, alteration, amendment, change or addition to this Agreement, or any schedule, appendix, exhibit or attachment thereto shall be binding upon the parties hereto unless reduced to writing and signed by both parties. This Agreement constitutes a final, complete, and exclusive statement of the agreement between the parties. PART II SPECIAL PROVISIONS Section 1: Insurance. a. During the entire period of the project or work, the Contractor shall provide the following types of insurance. The Borough shall be insured as additional insured on all insurance policies except professional liability contracts. All policies shall have a thirty (30) day cancellation clause. Insurance shall extend to activities of volunteers performing tasks involved in the Project. i. Workers' compensation as required by law and employer's liability coverage at a minimum of $1,000,000. ITN SalteryTrail, Page 7 ii. Commercial general liability insurance - $1,000,000 per occurrence and $2,000,000 aggregate. b. Each policy of insurance required by this Section shall provide for no less than thirty (30) days' advance notice to the Borough prior to cancellation. Insurance certificates will be required to be submitted for review by the Borough Manager before the Borough will issue a notice to proceed. Failure to maintain coverage is a material breach and grounds for termination of the Agreement. c. Should the Contractor fail to comply with the insurance requirements of this Agreement, the Kodiak Island Borough may terminate the Agreement on ten (10) days written notice. Section 2: Equal Employment Opportunity. a. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, disability, national origin, ancestry, age, or sex. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, disability, national origin, ancestry, age or sex. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. b. The Contractor shall state in all solicitations or advertisements for employees to work on contract jobs to be let in the performance of this Agreement, that all qualified applicants will receive consideration for employment without regard to race, color, religion, disability, national origin, ancestry, age, or sex. c. The Contractor agrees to fully cooperate with the office or agency of the State of Alaska which seeks to deal with the problem of unlawful or invidious discrimination, and with all other State efforts to guarantee fair employment practices under this Agreement, and said Contractor will comply promptly with all requests and directions from the State Commission of Human Rights or any of its officers or against relating to prevention of discriminatory employment practice. d. Full cooperation as expressed in the foregoing clause (c) shall include, but not be limited to, being a witness in any proceeding involving questions of unlawful or invidious discrimination if such is deemed necessary by any official or agency of the State of Alaska, permitting employees of said Contractor to be witnesses or complainants in any proceeding involving questions of unlawful or invidious discrimination, if such is deemed necessary by any official or agency of the State of Alaska, or the Borough, participating in meetings, submitting periodic reports on the equal employment aspects of present and future employment, assisting in inspection of relevant facilities, and promptly complying with all State directives deemed essential by any office or agency of the State of Alaska, or the Borough, to insure compliance with all federal and state laws, regulations, and policies pertaining to the prevention of discriminatory employment practices. ITN Saltery Trail, Page 8 e. Failure to perform any of the above agreements pertaining to equal employment opportunities shall be deemed a material breach of the Agreement and sufficient grounds for termination of this Agreement for cause without liability. Section 3: Contractor Responsible for Personnel. a. The Contractor has or will secure, at Contractor's own cost and expense, all personnel required to perform this Agreement in a timely and proper manner. The parties hereto agree and understand that such personnel shall in no event be deemed to be, and are not, employees, agents, or representatives of the Borough and such persons shall have no contractual or other relationship with the Borough, and the Borough shall have no responsibility or liability whatsoever to any of said persons, or for the acts or omissions of any of such persons. b. As described in the scope of work attached as Exhibit A, and the USFWS Grant materials, Contractor will secure, at Contractor's own expense, all volunteers required to accomplish the project work as called for under the USFWS Grant terms. Contractor shall be responsible for supervision, and insurance for volunteers performing tasks on the Project. c. Contractor understands that the Project includes tasks which are subject to State of Alaska Prevailing Wage laws, and accepts responsibility for compliance with applicable requirements regarding rates of pay for the Project. Section 4: Personnel Supervision. Contractor agrees that all work and services required or provided under this Agreement shall be performed personally by the Contractor, its authorized subcontractors, and supervised volunteers, unless otherwise authorized in writing by the Borough's contracting officer, and in such event all personnel engaged in any such work shall be fully qualified, and shall be licensed and authorized under applicable state, federal and local laws to perform such services. Section 5: Corporate Authority. If Contractor is a corporation, Contractor shall deliver to the Borough at the time of execution of this Agreement, a certified copy of a resolution of its board of directors authorizing the execution of this Agreement and naming the officers that are authorized to execute this Agreement on behalf of the corporation. Section 6: Additional Terms and Conditions. a. This Agreement is subject to the terms of the USFWS Grant and the Cooperative Agreement between Borough and the Alaska Department of Fish and Game. Contractor agrees to comply with all terms of the USFWS Grant and the Cooperative Agreement, which agreements are incorporated herein by reference as though set forth in full. Further, Contractor agrees to fully cooperate with the Borough in the preparation of any reports or furnishing of any data related to the Project as required for compliance with the terms of the USFWS Grant and the Cooperative Agreement. b. Provision of volunteer labor as a match for the USFWS Grant funds is a material consideration for this Agreement. Contractor shall secure, and provide documentation of, sufficient volunteer labor to meet the requirements of the USFWS Grant. ITN Saltery Trail, Page 9 c. This Agreement is subject to each of the additional terms, covenants, conditions and provisions attached hereto as Exhibit A, which are hereby expressly referred to and incorporated herein as though set forth in full. written. Date: Wherefore the parties have entered into this Agreement the date and year first above KODIA "LAN B By: M chael Powe s Borough Manager /pND e0 / �O AT G Z lire ice ,= BZA orou h Clerk ,Z SKW� APP EDS TO By :. Xw IM. Scott A. Brandt -Erichsen Borough Attorney CONTRACTOR: Island Trails Network -1(-L31 ZOO By. Andrew Schroeder Executive Director ITN Saltery Trail, Page 10 BOROUGH ACKNOWLEDGMENTS STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this Z° day of J U I -y , 2020, before me, the i undersigned, a notary public in and for the State of Alaska, duly commissioned and sworn, personally appeared Michael Powers, to me known to be the Borough Manager of the Kodiak Island Borough, a municipal corporation, the corporation which executed the above and foregoing instrument; who on oath stated that he was duly authorized to execute said instrument on behalf of said corporation; who acknowledged to me that he signed the same freely and voluntarily on behalf of said corporation for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certificate first above written. LISA ZEIMER Notary Public State of Alaska My Cah Expires Sep 26. 2020 NOTARY PUBLIC FOR ALASKA My Commission Expires: _I- ZC - Zo STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this Zc day of J 2020, before me, the undersigned, a notary public in and for the State of Alaska, duly commissioned and sworn, personally appeared Alise Rice, to me known to be the Borough Clerk of the Kodiak Island Borough, a municipal corporation, the corporation which executed the above and foregoing instrument; who on oath stated that she was duly authorized to execute said instrument on behalf of said corporation; who acknowledged to me that she signed the same freely and voluntarily on behalf of said corporation for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certificate first above written. EISA ZEIMER iS�rry Public State of Alaska W commission Expires Sep 26.2020 NOTARY PUBLIC FOR ALASKA My Commission Expires: '? " X ITN Saltery Trail, Page 11 CORPORATE CERTIFICATE I, Darvon Scott, certify that I am the Treasurer of the Corporation named as Contractor in the foregoing instrument; that Andrew Schroeder, who signed said instrument on behalf of the Contractor, was then Executive Director of said Corporation; that said instrument was duly signed for and on behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Signature CORPORATE ACKNOWLEDGMENT STATE OF /ILASKP ) ) ss. COUNTY OF n b IA e-- ) THIS IS TO CERTIFY that on this ?3 day of J u L 2020, before me, the undersigned, a Notary Public in and for the State of 4 duly commissioned and sworn, personally appeared Andrew Schroeder and Darvon Scott known to be the Executive Director and Treasurer of Island Trails Network, the corporation which executed the above and foregoing instrument, and who on oath stated they were duly authorized to execute said instrument and acknowledged that they signed the same freely and voluntarily on behalf of said corporation for the purposes therein mentioned. WITNESS my hand and official seal the day and year in this certificate above written. (Se,*A 2EIMER Notary Public State of Alaska [Myommission Expires Sep 26. 2020 NOTARY PUBLIC FOR My Commission Expires: ?-96-2020 ITN Saltery Trail, Page 12 EXHIBIT A SCOPE OF WORK Federal Assistance Project Statement Funding Source: Wildlife Restoration Grant Number: AKW-D-6-2020 Project Number: Project Title: Saltery Cove Trail System Access and Improvements Project Start and Ending Dates: FY July 2020 -October 2022 Project Statement Guidelines 1. Need This proposal discusses three trail segments in the Saltery Cove/Portage Bay trail system. The main trails are Saltery Cove and Portage Bay; there is also a third trail segment that connects these main trails, effectively forming a loop. These three trails are the primary focus of this proposal. ITN Saltery Trail, Page 13 Figure 1. Highlighted trail segments are those which are slated for repairs upon funding of this grant proposal. Saltery Cove trail, the Portage Bay trail and the unnamed connector trail collectively form a system of trails that sees more use than any other in the Kodiak Island Borough. These trails provide access to at least eight salmon -bearing streams and tributaries, used for both recreational and subsistence fishing. For hunters, the Saltery Cove road provides access to a large portion of the Unit 8 game management area for deer, bear, and goat. This trail system also provides recreational experiences for a wide range of user groups, as it traverses sub -alpine environments that stand in contrast to the coniferous forests that dominate the landscape around the City of Kodiak. However, these same characteristics make the Saltery/Portage trail system some of the most impacted trails in the borough. Impacts resulting from hunting/recreational use include trail braiding and ponding, degraded wetlands, and sedimentation into anadromous streams. Land and resource managers have long recognized this, and some of Alaska's first Geoblock TM installations took place here. In 2004, the Kodiak Soil & Water Conservation District used Geoblock on portions of the Portage Bay trail between Kalsin Bay and Summit Lake. Although installation methods have since evolved, these early trail hardening efforts were largely successful. Several miles of the Portage Bay trail between the trailhead at Kalsin Bay and the north end of the Summit Lake have since been hardened using Geoblock. In 2011, the Kodiak Road System Master Trails Plan made specific recommendations for Saltery Cove Road, including the below: • Trail user groups should work with the State of Alaska to schedule and fund periodic grading and repair of Saltery Cove Road using heavy equipment (excavator and bulldozer). • Consider installation of drainage features to reduce instances of standing water and erosion on the trail surface along lower -elevation segments of the trail (near Saltery). Porous pavement at impacted areas may be effective. • Improve signage pertaining to stream crossings. • Form group of stakeholders specific to Saltery Cove Road, including residents, lodge owners, ATV enthusiasts, and outfitters/commercial operators. In 2014, the Kodiak Island Borough undertook a project to make improvements to the trail in accordance with the 2011 Master Trails Plan, but discovered in the permitting process that neither a right-of-way nor a public access easement exists for this route, despite its being in use since at least the mid -1940s. In 2016, the State of Alaska, Department of Mining, Land, and Water, Easement Section issued a decision stating that the issuance of a public access easement for the route is in the state's best interest and invited an easement application. The borough has submitted an easement application for the Hurst Creek segment to the s?te's Department of Natural Resources, Division of Mining, Land, and Water for review. Additional survey work on other trail segments are included in this proposal. ITN Saltery Trail, Page 14 Upon issuance of an easement, Island Trails Network (ITN) will conduct an assessment and proceed with trail improvements for the permitted segment. 2. Purpose The purpose of this project is to secure permanent public access to a popular hunting trail and improve the degraded condition of this trail in order to protect it from environmental degradation. 3. Objectives TRACS Objectives: 1. Create, restore or enhance habitat and natural processes 2. Directly restore, enhance, create or manage 150 feet by 2024 Activity Tag 1. Other Shorelines. There are several anadromous rivers along this trail. This project will improve soil and water quality through restoration of degraded wetlands (from extensive use by hunters/recreators) to bring the trail into alignment with the Kodiak Island Borough's and State of Alaska's resource protection goals. Project Objectives: This project will have three main objectives: (1) Secure permanent public access—via easements—to these important and historic recreational routes for hunting and subsistence activities. (2) Construct and repair ^20 miles of trail, which will increase the current level of user access, allowing continued use of the trail by a broad range of ages and abilities; this will involve repairing trail grade and condition along the length of all trail segments within this proposal. Work will also include repairing braided and ponded sections that make traversing this trail challenging for less experienced and non -motorized users. Because of the complexity and geographic extent of this project, work has been broken into three distinct phases. For each of the three major trail segments, ITN intends to accomplish (1) easement acquisition, (2) a detailed assessment, and (3) prioritized trail improvements based on the assessment. Some of these objectives have already been met through previous efforts, as shown in the below table. Trail Segment Easement Acquisition Assessment Construction of Improvements Hurst Creek V V Phase i Saltery Lake Phase I V Phase II Lake Miam Spur Phase I Phase II Phase III 2020 Objectives: ITN SalteryTrail, Page 15 1. Submit easement application through Alaska Department of Natural Resources (DNR) for Saltery Lake segment. 2. Submit easement application through DNR for Lake Miam segment. 2021 Objectives: 1. Renew Assessment & Prescription for Saltery Lake Segment. 2. Complete Assessment & Prescription for Lake Miam segment. 3. Complete prioritized trail improvements for Hurst Creek segment in accordance with existing Assessment & Prescription. 2022 Objectives: 1. Complete prioritized trail improvements along the Lake Miam segment. Known resource concerns closely mirror those along the Hurst Creek and Saltery Lake trail segments. 2023 Objectives: 1. Complete prioritized trail improvements along the Lake Miam Spur segment in accordance with previous year's Assessment & Prescription for that area. 4. Expected Results or Benefits This project will benefit the hunting, fishing, and recreating public by providing permanent access to Alaska's resources across state lands via public access easements. These easements are also required by the State of Alaska before any significant trail improvements are permitted. Once the easements are secured, this project will facilitate public access by establishing safe, low -impact access routes to these important parts of the Kodiak backcountry. This access will ensure local residents and visitors can reach the hunting, fishing, and other subsistence and recreational activities available in the area. The trails proposed for improvement exhibit severe habitat degradation. The trail improvements will be prioritized to minimize detrimental impacts to wildlife habitats, riparian areas, and wetlands, in addition to improving stream habitat. Trail conditions in these areas indicate that natural, unimproved tread surfaces are insufficient to withstand the current patterns. Trail hardening using imported materials, such as Duradeck, and borrowed on-site resources such as the abundant local gravel may substantially reduce impacts on fish -bearing wetlands, sedimentation into anadromous streams, and trail conditions for user safety and satisfaction. S. Approach This project addresses three major trail segments in the Saltery Cove trail system, comprising approximately 11 miles along the main routes (not including minor spurs and braids). These three segments have varying intensity of use, demonstrate varying user impacts, and pose different conservation challenges and land user conflicts. However, these three trail segments make up the largest and most -used motorized trail system in the Kodiak Island Borough. ITN Saltery Trail, Page 16 The Saltery Cove trail is currently accessible to full-size off-road capable vehicles (trucks & sport utility vehicles) and these have historically been allowed on the trail. Based on trail management objectives adopted by Kodiak Island Borough, this use will be allowed to continue. However, the managed use is for all -terrain vehicles (ATVs) and (side-by-side) utility terrain vehicles. Thus, the improvements will be aimed these users, but will not preclude full size vehicles from using the trail. Our approach will be to use mechanized equipment of appropriate size for trail construction (usually up to 6 feet in width) to make all improvements. Narrow -track equipment would allow us to make improvements that meet (but do not exceed) the trail width specified by the borough. For trail improvements aimed an environmental mitigation of fish spawning habitat, Alaska Depart of Fish & Game (ADF&G) is the requisite authority. Habitat biologist Will Frost was consulted for the purposes of this proposal and has been present at preliminary meetings and discussions. ADF&G Habitat Division staff have provided drawings of an engineered stream crossing they deem suitable for Saltery Cove Road. These drawings could be applied to any of the estimated 28 stream crossings along the Saltery Cove Road and associated spur trails near the Saltery River. Plans for the engineered stream crossings are attached in Appendix 1. Although bridge construction would normally be a viable option, ITN does not recommend bridges along the Saltery Cove Road. The construction of bridges for each of the 28 stream crossings for full-size vehicles would be cost prohibitive. Instead, ITN recommends using engineered stream fords and culverts, designs for which are included in this proposal, to facilitate stream crossings by ATVs and occasional use by full-size vehicles. Our limited resources can then be focused on a broader range of conservation objectives. The Kodiak Island Borough's trail system has a wide variety of products and techniques specifically intended for use on trails in degraded wetlands and ITN will draw from the constellation of solutions to best address any given problem area or set of conditions. Solutions include but are not limited to: Reroutes: Relocating entrenched trails in fragile or degraded alignments to a stable traversing bench trail is the most cost-effective, long-term solution for areas where better ground is available near the current trail alignment. Our team always looks for simple -to -execute reroutes that preserve the overall character of the trail as the first solution to alignment issues whenever possible. Duro-Deck: This geosynthetic product is highly useful in wetland environments, particularly for crossing ponded areas that cannot be drained using other methods. Up until recently, Dura -Deck had been rare to non-existent in trail -specific applications in Alaska. However, in 2014 this product was successfully installed in ponded wetland areas in the Wrangell -St. Elias National Park and Preserve; the Saltery Cove trail shares some of these qualities (i.e., fragile soils, extensive standing water, poor drainage) and will likely benefit from similar use of Dura -Deck. Dura -Deck has proven effective and economical, and easy to install. Once in place, these interlocking, rectangular mats provide a durable traveling surface through even the wettest, muckiest ground. ITN Saltery Trail, Page 17 It is suitable for a wide range of trail users and appears to weather freeze and thaw well. If installed correctly, it can effectively link together sections of better -drained, durable trail. Culverts: In many places on the trail, culverts have clogged or catastrophically failed, resulting in oversaturation of tread. Although armored fords or armored drains are generally preferable to culverts in most trail applications—because they do not clog, fail, or need maintenance to function—the anadromous nature of many crossings will require culverts to be replaced so that fish can cross beneath the tread in flowing water. Our team will assess each culvert failure independently to determine proper siting, diameter, and culvert length, and where possible, culverts will be phased out by providing better drainage or trail rerouting. Armored Fords: If there are stream crossings or channelized wet areas that are not anadromous, a delineated ford armored at the base can be a low -maintenance, cost-effective, and durable alternative to a culvert or an elevated crossing (bridge, puncheon). Armoring is preferably done with on-site material. Ditch & Elevate: This basic drainage structure, consisting of lateral ditches dug on either side of a trail and excavated material used to elevate the trail surface, is an appropriate solution for drying out lengthy wet sections, even in poor soils. Done entirely with on-site material and requiring little maintenance, ditching and elevating is a cost-effective solution for areas with pervasive or seasonal, but not ponded, wetness. In addition to addressing immediate problematic areas, our team will work with Kodiak Island Borough to identify weak points in the existing trail that could be exploited by weather events and the increased traffic common after large trail system improvements. For these vulnerable areas, such as old military culverts in the sub -alpine areas, and lowland silty soils near the valley floor, ITN will carefully prescribe and implement solutions that, if performed preemptively, will help stabilize weak points and avoid future tread failure. 6. Useful Life Useful life of improvements will align with National Park Service life cycle estimates for common trail equipment and features. Examples may include metal culverts (25 years), metal signage (20 years), turnpikes (45 years), retaining walls (45 years), and dip drains (5 years). However, the useful life of the entire project will be 20 years. 7. Geographic Location The Saltery Cove trail, not including spurs, is comprised of 20.2 miles of trail beginning at milepost 20.5 of the Chiniak Highway, near the American River bridge, and ending at Saltery Lake (57°31'55.85" North, 152045'59.84 West). Leisnoi Native Corporation owns the land through which the first 7 miles of the Saltery Cove trail passes. The trail crossing Leisnoi lands is protected by a 100 -foot right-of-way. South of the southern boundary of Section 9, Township 30 S, Range 21 West is'public (state) land. The Hurst Creek, Saltery Lake, and Lake Miam Spur segments of trail are all entirely on undesignated state lands. ITN Saltery Trail, Page 18 Figure 2. Image showing the Phase I and II segments of the Saltery Cove Trail. S. Principle Investigator(s) Lisa Delaney, Habitat Biologist II Alaska Department of Fish & Game Division of Wildlife Conservation 333 Raspberry Road, Anchorage AK 99518 lisa.delanev@alaska.gov 907-267-2211 Katie Sechrist, Habitat Biologist III Alaska Department of Fish & Game Division of Wildlife Conservation 333 Raspberry Road, Anchorage AK 99518 katie.sech rist@a las ka.sov 907-267-2541 Erin Welty, Community Development Director Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 ITN Saltery Trail, Page 19 ewelty@kodiakak.us 907-486-9363 Andy Schroeder, Executive Director Island Trails Network 202 Center St#205 Kodiak, AK 99615 andv@islandtrails.ore 907-539-1979 9. Program Income Not applicable. 30. Budget Narrative The total budget for completing this project is $532,000.00. The grant will fund 75% of the estimated project cost in federal funds and the remaining 25% non-federal match required will come from a combination of Kodiak Island Borough fund, Island Trails Network Funds and In -Kind Match, and ADF&G Fish and Game Funds. Budget line items are shown in Table 1. ADF&G Staff Time ADF&G is budgeting one month of staff time (for a Habitat Biologist III [PCN 11-1688] or Habitat Biologist II [PCN 11N-19059]) per year for the management of this project. Also included in this category is the staff time associated with four weeklong trips from Anchorage to the Saltery Cove site in Kodiak. Travel ADF&G will travel to Kodiak to visit the Saltery Cove project site for, at a minimum, pre - construction, during construction, and post -construction visits. ADF&G is budgeting an additional trip as a contingency, given the geographical extent of this project and the adverse weather conditions in the area. The travel budget also includes one helicopter trip out to view the more remote parts of this project, once completed. Contractual Staff Time Over the life of this 4 -year project, management for an Executive Director and/or Special Project Supervisor is anticipated at $70,000; shorter durations may increase percent -full -time -equivalent accordingly. Survey estimates are based on past comparable surveying efforts and will be put toward in-kind match. It is estimated that 205 hours will be required at a rate of $58.42 for a total of $11,976. Surveying services will be front -loaded to ensure maximum time for easement approval. All surveying is anticipated to be completed in FY2020. Volunteer labor for in-kind match will be calculated as the number of hours worked multiplied by the minimum wage for the services provided by paid staff and/or interns. This labor work will ITN Saltery Trail, Page 20 be tracked across the various duties as assigned; the minimum rates of pay under the Alaska law (AS 36.05 and 36.10, or Pamphlet 600) will be used to value both volunteer and paid labor. The most common rates will fall under two tiers: Group I workers with a rate of $58.42 per hour and Group II workers with a rate of $59.42. The time requirement estimated for Assessment & Prescription is approximately 82 labor hours per project phase; market rates for this service are approximately $75 per field hour, plus travel, lodging and per diem. ITN anticipates $6,000 per A&P week, and that two weeks will be required to renew Saltery Lake segment and Lake Miam Spur segments. These may be completed in a single trip, but ITN is conservatively budgeting these for separate years/trips. ITN estimates a minimum of 616 labor hours at $59.42 per hour will be required to complete the construction portion of this project. Thus, the total estimated in-kind match associated with volunteer labor will be approximately $36,603. Travel Travel expenses anticipated forthis project are vehicle mileage using the federal rate of$0.53/mi. For mobilization, a 72' landing craft may be chartered to transport heavy equipment from Kodiak to Saltery Cove and is estimated at $6,000 per roundtrip, with potentially two trips required per year. Note that in order to minimize roundtrip vessel charters to 2 per year, extended rental rates to equipment in the field may need to be applied. Supplies Actual construction materials required will be determined by the results of the Assessment & Prescription, but often account for 25%-30% of the cost of construction improvements. Onsite materials will be utilized wherever possible, potentially reducing this cost. However, this line item conservatively assumes some materials (e.g. Duradeck, Geoblock) may need to be purchased and mobilized to the site. Absorbents, containment vessels, straw wattles and other SWPPP supplies are included in this category, as well as consumable hand tools that are below the financial threshold to qualify as equipment. Equipment No equipment is expected to be purchased by this project. Equipment will be provided in-kind by ITN and valued at market rental rates, where available. A schedule of values will be developed jointly by Grantee and Grantor prior to use of any equipment. Applicable rental rates and the durations applied (daily, weekly, monthly) will be applied in accordance with Match Guidance provided as part of the grant agreement. ITN SalteryTrail, Page 21 Grantee Budget (ADF&G) 1000 Staff time 2000 Travel 3000 Contractual 4000 Supplies 5000 Equipment TOTAL Sub -grantee Budget (Kodiak Borough) 1000 Staff time 2000 Travel 3000 Contractual 4000 Supplies 5000 Equipment 6000 Indirect Rate (10%) Match from Island Trails Network TOTAL Total $40,442 $9,000 $482,558 $0 $0 $532,000 Total $70,000 $1,016 $198,000 $60,000 $0 $32,902 $120,640 $482,558 Match (ITN) Total Requested Cash $20,000.00 In-kind Match Laborers ($59.42/hr) @ 616 hrs $36,602.72 Surveyors ($58.42/hr) @ 205 hrs $11,976.10 Equipment Valuation $52,061.18 TOTAL $120,640 11. Multipurpose Projects Not Applicable. 12. Relationship with other Grants/Projects .flyn 13. Schedule/Timeline ITN Saltery Trail, Page 22 The following are timeline goals for completion of the project on a 3 -year schedule. Critical path items include notice to proceed, remote mobilization (by landing craft), and turnaround time for permitting and issuance of easements. DNR has stated that processing of easement applications for the Saltery Cove road is a high state priority. However, this can be a lengthy process and revisions to land surveying submittals are common. May 2020 — Notice to Proceed May 2020 — Phase I permits issued, planning & procurement Jun -Aug 2020 — Phase I construction, Hurst Creek Segment May -Oct 2020— Phase I easement surveying, Saltery Lake and Lake Miam Spur trail segments Jan -May 2021— Phase II permits issued, Phase II planning & procurement Jun -Aug 2021— Phase II construction completed Sep -Oct 2021—Phase II assessment & prescription, Lake Miam Spur Jan -May 2022— Phase III permits issued, planning & procurement Jun -Aug 2022 --Phase III construction, Lake Miam Spur segment Nov 2022—Grant closeout 14. Environmental Compliance Federal: A Stormwater Pollution Prevention Plan (SWPPP) will be developed in-house for this project, which may prescribe erosion control and run-off mitigation protocols, including straw wattles, silt fencing, jute mats, velocity -reducing structures (rip rap, French drains), revegetation techniques including tundra mat repatriation, and use of Alaska -specific seed mixes. Since there may be waters of the United States affected by the project, a U.S. Army Corps of Engineers (USACE) permit will be required. ITN has already engaged USACE on this issue and have completed a Preliminary Jurisdictional Determination Form. State: A Land Use Permit (LUP) will be required by DNR, Division of Land, Mining and Water (DMLW). The permit will address site access and environmental risk caused by hazardous substances through proper fuel transport, storage, and spill plan and prevention methods. ITN has had preliminary discussions with DLMW on this matter and do not foresee problems. DNR, DLMW will also require a material sale application for extraction of native materials. This permit may address extraction techniques, depths etc. ITN has had preliminary discussions with DLMW on this matter and do not foresee problems. For trail improvements aimed at environmental mitigation offish spawning habitat, ADF&G is the requisite authority. Habitat Biologist, Will Frost, was consulted for the purposes of this proposal, and will issue necessary permits for stream crossings, as well as assist in identifying appropriate design of in -stream structures. ADF&G will be consulted prior to designing fish passage culverts. The State Historic Preservation Office (SHPO) will be consulted; an initial consultation did not cause significant concern. ITN Saltery Trail, Page 23 15. Sources: Saltery Cove Trail Improvements Assessment, Prescription & Costing. Kodiak Road System Trails Master Plan, 2011. Whitaker, Doug Ph.D. Kodiak Island road -accessible trails: A survey of residents and trail enthusiasts. Confluence Research and Consulting, 2004. Frost, William, Alaska Dept. of Fish & Game, Saltery Cove Road Culvert Inventory (2011). ITN Saltery Trail, Page 24 Appendix 1: Detailed Budget Tables (Kodiak Island Borough) 1000 Staff time 2000 Travel 3000 Contractual 4000 Supplies 5000 Eauioment 6000 Indirect Rate (10%) Match from Island Trails Network TOTAL Total Requested $70,000 $1,016 $198,000 $60,000 $0 $32,902 120,640 $482,558 ITN SalteryTrail, Page 25