FY2008-39 Cooperative Agreement with Alaska Department of Fish and Game - Anton Larsen Bay Boat RampMAY 2 9 2108
ADF&G Coop 08-030
COOPERATIVE AGREEMENT
between the
ALASKA DEPARTMENT OF FISH AND GAME
MAY 2 9 M
1
and the
KODIAK ISLAND BOROUGH
for
ANTON LARSEN BAY BOAT RAMP
This cooperative agreement is made and entered into between the Alaska Department of
Fish and Game, Division of Sport Fish, hereinafter referred to as the ADF&G and the
Kodiak Island Borough, hereinafter referred to as the KIB. ADF&G enters into this
agreement under the authority of state statutes AS 16.05.050(12) and AS36.30.850(c)
and one or more of the following Federal Aid in Sport Fish Restoration programs:
Recreational Boating Access (CFDA # 15-605), Boating Infrastructure Grants (CFDA #
15-622) and Clean Vessel Act (CFDA # 15-616).
I. PURPOSE OF THE AGREEMENT
To improve public recreational boating and sport fishing access to the marine waters off
Northern Kodiak Island by constructing and maintaining a boat ramp and parking
facility in Anton Larsen Bay.
This project began in 1998 and was divided into two phases: Phase I — site selection,
environmental analysis, and preliminary design; Phase II — final design, bidding, and
construction. Due to an error in design and resultant Corps of Engineers permitting
violation, completion of the project was delayed. The parking area was completed in
2003. This cooperative agreement will address completion of the boat ramp portion of
the project and is supplemental to cooperative agreement #98-034. A balance of $80,400
remains under agreement #98-034. This amount will be reimbursed to the KIB upon
completion of the boat ramp.
II. COVENANTS OF THE STATE
The ADF&G does hereby agree:
1. To reimburse the KIB for accomplishing the purpose of this agreement in an
amount not to exceed $140,000. The source of funding shall be 75% from the Federal
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Aid in Sport Fish Restoration Act (Dingell-Johnson/Wallop-Breaux) and 25% from state
matching funds. Availability of these funds shall be subject to approval of the project by
the Federal Aid Office of the U.S. Fish and Wildlife Service (USF&WS).
2. To authorize the KIB to manage and maintain the boat ramp and parking area as
a KIB facility.
3. To perform a final inspection of the completed project to verify compliance with
this agreement.
III. COVENANTS OF THE KIB
The KIB does hereby agree:
1. To provide all additional funding needed to complete the improvements covered
by this agreement. The total estimated cost for completion of the improvements is
$241,350.
2. To dedicate to this project, KIB leased/managed uplands and /or tidelands known
as Anton Larsen Bay. The parcel shall be used exclusively for the launch ramp, a
parking area for vehicles with boat trailers and other improvements incidental to this
project. The parcel is shown on Attachment A.
The KIB warrants that it has the right, power, and authority to construct and maintain
the improvements on the parcel and that there are no restrictions, covenants,
easements, rights-of-way, or uses which would prevent the KIB from constructing and
maintaining the improvements on the parcel.
3. To complete the construction of the boat launch facility funded by this agreement
prior to December 31, 2008. In the event the funding provided by ADF&G is not
sufficient to cover all costs incurred by the KIB in completing this project, the KIB shall
provide all additional funding that may be needed.
4. To manage and maintain the boat launch facility for public use until
December 31, 2028. The boat launch facility will be managed primarily for the benefit
of the recreational boating and sport fishing public in providing access to public waters.
Signs will be posted in the parking area stipulating that the priority of use of the
parking area and ramp must be for recreational boating and sport angler users. No
change in this use will be made without prior written approval of ADF&G.
Management activities and maintenance services shall insure orderly public use and
keep the facility clean and in a good state of repair. Management and maintenance may
be adjusted seasonally commensurate with seasonal public use.
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ADF&G will consider the facility closed to the public if the KIB physically denies access,
fails to provide adequate management or maintenance or allows incompatible uses of
the facility that effectively limits public use by recreational boaters and sport anglers.
5. To obtain and comply with all federal, state and local permits required for
construction and maintenance of the project.
6. To install a sign identifying the participation of ADF&G, the Federal Aid in Sport
Fish Restoration program, and sport anglers in facility development.
7. To be responsible, for a period of one year from the date of ADF&G's final
inspection, for correcting all defects in the design or construction when the defect is
brought to the attention of the KIB, without additional cost to ADF&G. The KIB will
make good and be fully responsible for all damages to persons and property that arise
from equipment or workmanship which is inferior, defective, or not in accordance with
the terms of this agreement.
8. To maintain adequate insurance in conjunction with the design, construction and
maintenance of the improvements.
9. To perform all aspects of the project in compliance with appropriate laws and
regulations which include but are not limited to the following:
Local Building Codes- The KIB shall comply with applicable local buildings codes and
shall obtain a building permit if required (AS 35.10.025).
Historic Preservation- The KIB shall comply with AS 41.35.070 to preserve historic,
prehistoric and archeological resources threatened by public construction.
Public Contracts- The KIB shall comply with AS 36.05 in determining the wages and
hours of labor on public contracts.
Political Activity- Federal funds cannot be used for partisan political purposes of any
kind by any person or organization involved in the administration of federally assisted
programs.
Civil Rights- Pursuant to Title VI of the Civil Rights Act of 1964, Section 504 of the
Rehabilitation Act of 1973, Americans with Disabilities Act of 1990, the Age
Discrimination Act of 1975 and Title IX of the Education Amendments of 1972, no
person shall, on the grounds of race, color, national origin, age, sex or handicap, be
excluded from participation in or be subjected to discrimination in any program or
activity funded in whole or in part by federal funds.
Allowable costs/Cost principles -OMB Circular No. A-87, "Cost Principles of State and
Local Governments" establishes principles and standards for determining costs
applicable to grants, contracts, and other agreements with state and local governments.
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A cost is allowable for federal reimbursement only to the extent of benefits received by
federal programs, and costs must meet the basic guidelines for allowability,
reasonableness, and allocability.
Drug-free Workplace Act- The KIB, by signing this agreement, certifies that they will
provide a drug-free workplace.
Debarment/Suspension- The KIB, by signing this agreement, certifies that neither it nor
its principals, or subcontractors, is presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from federal financial assistance
programs or activities. Where the KIB is unable to certify to any of the statements in
this certification, the KIB shall attach an explanation to this agreement.
Audits- The KIB acknowledges that 75% of the ADF&G funding for this agreement is
from the Federal Aid office of the U.S. Fish and Wildlife Service under CFDA 15.605.
The KIB acknowledges that receipt of federal funds may create audit requirements
under OMB Circular A-133. The KIB acknowledges that the State of Alaska single
audit provisions of 2 AAC 45.010 may also apply.
Workers Compensation Insurance- The KIB shall provide and maintain, for all
employees engaged in work under this agreement, coverage as required by AS
23.30.045, and, where applicable, any other statutory obligations including but not
limited to Federal U.S.L.&H. and Jones Act requirements. The policy must waive
subrogation against the State.
Open Competition - The KIB shall comply with Executive Order 13202 dated February
17, 2001 prohibiting any requirements or bidding preferences based contractor
affiliation with labor organizations.
10.a. If the KIB handles hazardous materials on the site, the KIB agrees to employ
adequate procedures for safely storing, dispensing, and otherwise handling hazardous
materials in accordance with applicable federal, state, and local laws. Hazardous
materials include but are not limited to fuels and lubricants commonly used in vehicles
and boats.
b. In the event of a hazardous materials spill by the KIB or the public using the site, the
KIB shall act promptly, at its own expense, to contain the spill, repair any damage,
absorb and clean up the spill area, and restore the site to a condition satisfactory to the
ADF&G and in accordance with applicable federal, state, and local laws. The KIB shall
be the lead agency in requesting additional funds from the legislature to cover the cost of
spill clean-up. ADF&G shall support such requests.
c. If contamination of the site occurs as a result of the KIB's management of the site, the
KIB shall indemnify, defend, and hold harmless the ADF&G from any and all claims,
judgments, damages, penalties, fines, costs, liabilities, or losses.
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IV. IT IS MUTUALLY AGREED THAT
1. ADF&G and the KIB shall cooperate in accomplishing the improvements to be
provided under this agreement. ADF&G shall provide design criteria for the
improvements. The KIB shall be the lead agency in accomplishing all work necessary to
make the improvements. The KIB may employ design consultants and construction
contractors as may be appropriate. The project shall be designed by a professional
engineer registered in the State of Alaska unless exempt under AS 08.48.331.
2. The KIB shall perform all necessary permitting and construction related tasks in
accomplishing this project:
The KIB shall provide ADF&G a copy of the proposed construction schedule. The KIB
shall also promptly notify ADF&G of all changes made to the schedule or the design. At
the completion of the construction work, the KIB shall provide ADF&G a copy of the
as -built plans. Reimbursement for construction work shall be contingent on ADF&G
approval of work actually performed.
ADF&G review of designs, plans, specifications or other project related documents will
be to insure conformance to the purpose of this agreement and shall not constitute
engineering review nor relieve the KIB from responsibility to prepare an adequate
design, meet code compliance, or assure that cost principles are applied to change
orders.
3. The KIB will be reimbursed only for the cost of work actually completed which is
directly related and allocable to the project and which ADF&G has approved. The KIB
will not be reimbursed for administrative work or overhead it incurred while completing
the project. Reimbursement will be made within 30 days of receipt and approval, by
ADF&G, of a request for reimbursement from the KIB. All requests for reimbursement
shall be adequately documented. Documentation may include copies of materials
invoices, payroll ledgers, equipment logs, contract payments, etc. In the event of a late
payment, ADF&G will not pay late fees.
The KIB shall maintain a separate set of accounting records for this project and shall
retain these records for a period of three years from the termination of the agreement.
These records shall be made available to the state for audit purposes.
All requests for reimbursement shall also include documentation of the funding provided
by the KIB as specified in paragraph 111. 1. of this agreement.
With the exception of the final payment, requests for reimbursement shall be in
amounts not less than $10,000. If the KIB chooses to make monthly billings, such
billings will be held by ADF&G until the total amount reaches at least $10,000.
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4. The KIB does not intend to charge a user fee for public use of the completed
facility. In the event that the KIB finds it necessary to impose a user fee, the KIB shall
provide ADF&G a copy of the proposed fee schedule for review and approval. Fees shall
be subject to the following criteria:
a. Fees for recreational boating and sport fishing use shall not exceed fees for other
uses.
b. Fees shall not be imposed to recover the capital cost of the improvements covered
by this agreement.
C. Fees shall not exceed the cost of operation, maintenance and improvement of the
site.
d. Site specific fees that exceed the cost of operation, maintenance and improvement
are program income. An areawide fee, such as an annual launch permit, that allows the
use of any KIB launch ramp usually is not considered program income. Fees collected
and determined to be program income must be credited back to the Federal Aid in Sport
Fish Restoration program through ADF&G. The basic policies for the treatment of
program income by the USF&WS contained in 43 CFR Part 12 and OMB Circular A-102
apply to this agreement.
e. The KIB may establish a capital improvement account to fund specified major
improvements to the site. Establishment of such an account shall be reviewed and
approved by ADF&G. The KIB shall specify the improvement proposed, the estimated
cost and completion date when requesting approval. Fees accumulated in a capital
improvement account will not be considered program income if they are used for the
approved improvement.
f. If required by future changes to federal regulations or at the request of ADF&G,
the KIB shall provide ADF&G an accounting of fees collected and costs of operation,
maintenance, and improvements. This accounting shall be on an annual basis and in
sufficient detail to satisfy state and federal regulations.
g. Trailerable boats owned and operated by the ADF&G and the Department of
Public Safety shall be allowed to use the facility at no cost in the course of carrying out
their official duties to the extent such use does not interfere with public use of the
facility.
5. The effective date of this agreement shall be from the date of final signature by
ADF&G.
6. The design life of the facility is 20 years; therefore, this agreement shall remain
in effect until December 31, 2028.
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7. Either agency may terminate its involvement in this agreement by written notice
to the other at least 90 days in advance of the date on which termination is to become
effective. In the event that an agency terminates its involvement in this agreement,
defaults in its duties under this agreement or this agreement expires, disposition of the
sport fishing access improvements shall be accomplished by whichever of the following
contingencies is appropriate:
a. Agreement expires on December 31, 2028:
ADF&G shall have the option to negotiate an extension of this agreement with the KIB
for the continued use of the facility for public sport fishing access. ADF&G shall have 90
days after the expiration of this agreement in which to notify the KIB of its intent to
exercise this option. If ADF&G does not exercise this option, all improvements shall
become the property of the KIB.
b. ADF&G terminates its involvement:
If prior to December 31, 2028, ADF&G finds that there is no longer a need for the sport
fishing access improvements covered by this agreement, then this agreement shall be
terminated. Improvements funded by ADF&G shall become the property of the KIB at
no additional cost to the KIB.
c. The KIB terminates its involvement:
If prior to December 31, 2028, the KIB closes the facility to the public, does not comply
with the requirements of this agreement or terminates its involvement in the purpose of
this agreement, this agreement shall be terminated and the KIB shall reimburse
ADF&G for:
1) the total funding it provided at the rate of five percent for each full year between the
date of termination and December 31, 2028.
2) the appraised fair market value, on the date of the KIB's default, of any land acquired
for the project with ADF&G funds.
This agreement shall be terminated when the KIB's reimbursement to ADF&G is
completed. The KIB shall not be required to reimburse ADF&G in the event the facility
must be closed to protect public safety because of casualty damage arising from a
catastrophic occurrence.
8. The KIB may make improvements to the facility at its own expense provided the
improvements are compatible with the purpose of this agreement and are approved in
writing by ADF&G prior to construction.
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9. Funding for major maintenance or repair of casualty damage will be negotiated
on a case-by-case basis. Each agency's share of such funding shall be contingent on
availability of funds.
10. The rights and responsibilities vested in each agency by this agreement shall not
be assigned without the written consent of the other agency.
11. Agents and employees of each agency shall act in an independent capacity and
not as officers, employees, or agents of the other agency in performance of this
agreement.
12. Nothing in this agreement shall obligate either agency to the expenditure of
funds or future payments of money in excess of those herein agreed upon or authorized
by law.
13. Nothing in this agreement transfers title or land jurisdiction other than set forth
herein.
14. The KIB shall indemnify, hold harmless and defend ADF&G from and against
any claim of, or liability for error, omission or negligent act of the KIB under this
agreement. The KIB shall not be required to indemnify ADF&G for a claim of, or
liability for, the independent negligence of ADF&G. If there is a claim of, or liability for,
the joint negligent error or omission of the KIB and the independent negligence of
ADF&G, the indemnification and hold harmless obligation shall be apportioned on a
comparative fault basis. "KIN" and "ADF&G" as used within this paragraph, include
the employees, agents and other contractors who are directly responsible, respectively,
to each. The term "independent negligence" is negligence other than in ADF&G's
selection, administration, monitoring or controlling of the KIB and in approving or
accepting the KIN's work.
15. Both parties agree to comply with all applicable federal and state laws regulating
ethical conduct of public officers and employees.
16. Each agency will comply with all applicable laws, regulations, and executive
orders relative to Equal Employment Opportunity.
17. Nothing herein is intended to conflict with federal, state, or local laws or
regulations. If there are conflicts, this agreement will be amended at the first
opportunity to bring it into conformance with conflicting laws or regulations.
18. This agreement may be revised as necessary by mutual consent of both parties,
by the issuance of a written amendment, signed and dated by both parties.
19. All approvals and notices required by this agreement shall be written and shall
be sent by registered or certified mail to:
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Director
Division of Sport Fish
Alaska Dept. of Fish & Game
P.O. Box 115526
Juneau, Alaska 99811-5526
Borough Manager
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 9999615-6398
20. This agreement is supplemental to Coop #98-034. All provisions of Coop #98-034
remain unchanged and in full effect.
21. This agreement is complete and has no other encumbrances, addenda,
attachments, or amendments with the following exceptions: Attachment A: Plan view
of project area
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21. SIGNATURES:
For the Kodiak Island Borough
iod. ough Manager
6 ,
S-// 7 v�
Date
For the Alaska Department of Fish and Game
Charles O. Swa ton, Director Nate
Division of Sport Fish
Tom Ip(wson, Director Date "
Division of Administrative Services
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A ti
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A
EDGE OF EXISTING ROAD
CONSTRUCT NEW COAT RAMP
AT 109E SLOPE, 180' LONG —
1
KODIAK 20 MILES /
SCALE
0 25 50 100 Ft.
O
ADOT RIGHT -OF -WAV
NORTH
TOP OF NEW FILL/ROAD SECTION
EXISTING PARKING AREA
TOE OF FL
SECTION \
RAMP
! -
y u° L a r g e
I _
AK TIDELANDACE SE
PURPOSE
PROVIDE BOATING ACCESS
DATUM: MLLW
ADJACENT PROPERTY OWNERS
1. OU2MIKIE NATIVE CORPORATION
2 ADOMPF RIGHT-OF-WAY
3. ALASKA DEPT. OF NATURAL RESOURCES
Location: T. 25N, R. 21W,
Section 11, S.M.
PLAN VIEW
AS SHOWN
APPLICATION BY:
BUD CASSIDY
KODIAK ISLAND BOROUGH
710 MILL BAY ROAD
KODIAK, ALASKA
99815
NOTE NNW ■ 8.1 Ft.
EHW . 10.7 FL
ANTON LARSEN BAY
PUBLIC ACCESS
IMPROVEMENT PROJECT
IN: ANTON TARSEN BAY
AT: KODIAK. ALASKA
APPLICATION BY: BUD CASSIDY, KIB
SHEET 2 OF 4 11-20-06