The URL can be used to link to this page

2008-06-19 Regular Meeting1. 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 A. * Regular Meeting of May 15, 2008.pOT G 6. AWARDS AND PRESENTATIONS A. Proclamations 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS A. U.S. Army Corp of Engineers Update 9. PUBLIC HEARING A. Ordinance No. FY2008 -21 Amending Title 2 Administration and Personnel, Chapter %`p1 2.24 Borough Attorney by Adding Section 2.24.040 Alternate Counsel. Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, June 19, 2008, 7:30 p.m., Assembly Chambers B. Ordinance No. FY2008 -01 D Amending Ordinance No. 2008 -01 Fiscal Year 2008 Budget by Budgeting for Several Grants, State of Alaska Rebate of PERS Prepayments, and Legal Fees in Excess of Budget. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS A. Contracts 1. *Contract No. FY2008 -40 Kodiak Island Borough and City of Kodiak Animal Control Agreement. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 1 of 2 2. Contract No. FY2008 -26A Amending Contract No. FY2008 -26 Agreement Between the Kodiak Island Borough and Jensen, Yorba, Lott Inc. for the Apparatus Garage Addition to the Existing Bayside Fire Hall. 3. Contract No. FY2008 -41 Architectural and Engineering Services for the Kodiak Community Health Center Addition and Renovations at the Providence Kodiak Island Medical Center. B. -s ions ��.�. esolution No. FY2003 -20G Amending Resolution No. 2003 -20 to Re- Establish Fees of the Kodiak Island Borough. *Resolution No. FY2008 -42 Authorizing the Approval of Lease Regarding f \I\ e Bayside Fire Hall Apartment with Mr. Bob Himes. C. Ordinances for Introduction 1. Ordinance No. FY2009 -02 Rezoning a Portion of Lot 1A -3, U.S. Survey 3465 From PL- Public Use Lands To RR1- Rural Residential One Zoning District. (P &Z Case 07 -001.) D. Other Items 1. Vacation of a 10 -Foot Wide Utility Easement Located Along the East Side of Bells Flats Alaska Subdivision, Tract D -2. 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 1. Kodiak Arts Council Meeting of May 1, 2008. 2. Planning and Zoning Commission Regular Meeting of April 15, 2008. B. Reports 1. Kodiak Island Borough May 2008 Financial Report. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 2 of 2 Kodiak Island Borough Assembly Regular Meeting Agenda Thursday, June 19, 2008, 7:30 p.m., Assembly Chambers 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 A. * Regular Meeting of May 15, 2008. 6. AWARDS AND PRESENTATIONS A. Proclamations 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS A. U.S. Army Corp of Engineers Update 9. PUBLIC HEARING A. Ordinance No. FY2008 -21 Amending Title 2 Administration and Personnel, Chapter 2.24 Borough Attorney by Adding Section 2.24.040 Alternate Counsel. B. Ordinance No. FY2008 -01 D Amending Ordinance No. 2008 -01 Fiscal Year 2008 Budget by Budgeting for Several Grants, State of Alaska Rebate of PERS Prepayments, and Legal Fees in Excess of Budget. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS A. Contracts 1. *Contract No. FY2008 -40 Kodiak Island Borough and City of Kodiak Animal Control Agreement. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 1 of 2 2. Contract No. FY2008 -26A Amending Contract No. FY2008 -26 Agreement Between the Kodiak Island Borough and Jensen, Yorba, Lott Inc. for the Apparatus Garage Addition to the Existing Bayside Fire Hall. 3. Contract No. FY2008 -41 Architectural and Engineering Services for the Kodiak Community Health Center Addition and Renovations at the VN Providence Kodiak Island Medical Center. B. Resolutions 1. Resolution No. FY2003 -20G Amending Resolution No. 2003 -20 to Re- Establish Fees of the Kodiak Island Borough. 2. *Resolution No. FY2008 -42 Authorizing the Approval of Lease Regarding the Bayside Fire Hall Apartment with Mr. Bob Nimes. C. Ordinances for Introduction 1. Ordinance No. FY2009 -02 Rezoning a Portion of Lot 1A -3, U.S. Survey 3465 From PL- Public Use Lands To RR1- Rural Residential One Zoning District. (P &Z Case 07 -001.) D. Other Items 1. Vacation of a 10 -Foot Wide Utility Easement Located Along the East Side of Bells Flats Alaska Subdivision, Tract D -2. 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 1. Kodiak Arts Council Meeting of May 1, 2008. 2. Planning and Zoning Commission Regular Meeting of April 15, 2008. B. Reports 1. Kodiak Island Borough May 2008 Financial Report. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 2 of 2 KODIAK ISLAND BOROUGH Assembly Regular Meeting May 15, 2008 A regular meeting of the Kodiak Island Borough Assembly was held May 15, 2008 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Captain John Quinn of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Tom Abell, Pat Branson, Jerrol Friend, Sue Jeffrey, Chris Lynch, Reed Oswalt, and Louise Stutes. Staff members present were Manager Rick Gifford, Finance Director Karl Short, Engineering and Facilities Director Woody Koning, Deputy Clerk Marylynn McFarland, and Assistant Clerk Jessica Kilborn. APPROVAL OF AGENDA AND CONSENT AGENDA BRANSON moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Special meeting minutes of April 24, 2008 were approved under the consent agenda. AWARDS AND PRESENTATIONS Manager Gifford presented the Employee of the Quarter Award to Marylynn McFarland, Deputy Clerk in the Borough Clerk's Office. Ed Mahoney spoke in favor of Resolution FY2008 -34. Mayor Selby pro »huffed t} ; Week of May 18 through May 24, 2008 as Emergen edical Servi� 'Week)it✓ he "Extraordinary People an Service" nc raging the ommunity to serve ropriateyrograms, remonies, and - Activities. Mayor Selby presented the May Student of the Month Award to Maya Edgerly, a senior at Kodiak High School. CITIZENS' COMMENTS Shawn Dochtermann spoke in support of the crews and families being affected by crab rationalizations. Jake Jacobson thanked the Assembly for its hard work and spoke in support of a resolution for the Assembly's legal fees. COMMITTEE REPORTS Trevor Brown, Kodiak Chamber of Commerce Representative, gave an annual economic development report of the Kodiak area. Janet Buckingham, Kodiak Island Convention and Visitor's Bureau (KICVB) Director, gave an annual report on the KICVB budget and future tourism goals for Kodiak. Kodiak Island Borough Assembly Minutes utees 7 May 15, 2008 Pa e 'yti PUBLIC HEARING A. Resolution No. FY2008 -36 Establishing the Minimum Amount of Funds to Be Made Available From Local Sources for the Kodiak Island Borough School District For the Fiscal Year Beginning July 1, 2008 and Ending June 30, 2009. JEFFREY moved to adopt Resolution No. FY2008 -36. The Kodiak Island Borough School District Board submitted its budget on April 30, 2008. Per Borough Code, the Assembly determines the total amount of money to be made available from local sources for school purposes and shall furnish the School Board with a statement (resolution) of the sum to be made available. Mayor Selby opened the public hearing. Mike Hinmon, Akhiok School Teacher, stated that the school had not been given information on the KIBSD budget for the public hearing. He commented that Akhiok teachers are concerned with the lack of funds for athletic activities for Akhiok students to travel to various parts of the island for sporting events. It was also suggested to increase the school district travel budget. He reported that the number of students for Akhiok School has increased. Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Jeffrey, Lynch, Oswalt, Stutes, Abell, and Branson. BOROUGH MANAGER'S REPORT Manager Gifford reported the following: • Chief Himes of the Bayside Fire Department extended an invitation for all to visit the EMS booth at the Crab Festival which will be manned by the local fire departments. Chief Himes is also working with the City of Karluk to provide them with emergency response equipment. • KIB will close the Anton Larsen boat ramp for reconstruction, May 19 -June 14. The floating dock will not be affected. • Updates from Ken Smith, EF Project Manager, on the current Capital projects were provided to the Assembly. Manager Gifford commented that eight FEMA grant applications were submitted to Homeland Security fo school projects; seven of the grants have been awarded. He congratulated stag for t it hard work. \ �SLNS MESSAGES FROM THE BOROUGH MAYOR W' Mayor Selby gave the following commendations: • Kodiak Chamber of Commerce for 50 years of the Kodiak Crab Festival. He encouraged participation by the community for the 50 year anniversary celebration of the Crab Fest for 2008. • Manager Rick Gifford, Community Development Director Bud Cassidy and Engineering /Facilities Director Woody Koning for the awarding of grant funds for school projects, especially those for the seismic vulnerability of local schools. Kodiak Island Borough Assembly Minutes May 15, 2008 Page 2 UNFINISHED BUSINESS A. Mayoral Veto of Resolution No. FY2008 -34 Paying the Legal Fees Incurred by Defendants Kodiak Island Borough, Kodiak Island Borough Assembly, Assembly Members Tom Abell, Pat Branson, Jerrol Friend, Sue Jeffrey, Chris Lynch, Reed Oswalt, and Louise Stutes, and Mayor Jerome Selby, Each in His or Her Official Capacity, in the Lawsuit Stephens Vs. Kodiak Island Borough, Et Al, Alaska Superior Court Case No. 3K0 -07 -266 Cl. ABELL moved to override the mayoral veto on Resolution No. FY2008 -34. Mayor Selby submitted a memo dated May 6, 2008 vetoing Resolution No. FY2008 -34 and referred to KIBC 2.15.060 Veto. Assembly discussion ensued on the lawsuit and mayoral veto. ROLL CALL VOTE ON MOTION FAILED DUE TO LACK OF VOTE FROJ,A AUTHORIZED MEMBERSHIP (2/3) OF THE ASSEMBLY: Jeffrey, Lynch, and Branson (NW f; Oswalt, Stutes, Abell, and Friend (Ayes). The Mayoral veto stands and official record will reflect that Resolution No. FY2008 -34 failed by veto. NEW BUSINESS Contracts — None. Resolutions A. Resolution No. FY2008 -35 Urging the Alaska State Legislature to Amend AS 39.50 so that Disclosure Requirements are More Appropriate for Municipal Appointed Officers. FRIEND moved to adopt Resolution No. FY2008 -35. Many of the disclosure provisions, based on the amendments to Alaska Statutes 39.50 becoming effective in 2008 as well as the 2008 Financial Disclosure Statement form, impose extensive record keeping requirements, are intrusive, have become unduly burdensome, and may require financial disclosures regarding dependent and non - dependent children and other parties of municipal officers and candidates for elective office. Municipalities typically have difficulties finding candidates to serve in appointed positions and these new financial reporting requirements will make finding qualified candidates even more difficult. This resolution urges the Alaska State Legislature to amend AS Chapter 39.50 to make the APOC disclosure requirements for appointed municipal officers less invasive. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Oswalt, Stutes, Abell, Branson, Friend, and Jeffrey. Ordinances for Introduction A. Ordinance No. FY2009 -01 Levying Taxes on All Taxable Real and Personal Property Within the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the Fiscal year Commencing on the First Day of July 2008 and Ending on the Thirtieth Day of June 2009 (Fiscal Year 2009 Budget.) Kodiak Island Borough Assembly Minutes May 15, 2008 Page 3 BRANSON moved to adopt Ordinance No. FY2009 -01 in first reading to advance to public hearing on June 5, 2008. The ordinance was for fiscal year 2009 and included funds to be spent in the General Fund, Special Revenue Funds, Debt Service Funds, Capital Project Funds, and Enterprise Funds. This ordinance would also levy taxes on the real and personal property within the Borough as well as upon natural resources extracted and removed from the Borough. Borough Finance Director Karl Short, presented a PowerPoint presentation of the FY2009 budget. He noted to the Assembly that the budget did not include capital projects or the KIBSD budget. Engineering /Facilities Director Woody Koning provided the presentation on the Capital Projects budget. These projects included school seismic upgrades, other school projects, and the Kodiak Community Health Clinic. Assembly discussion ensued. Manager Gifford responded to questions from Assembly member Oswalt relating to the future Solid Waste plan, commenting that staff were awaiting the results of the A -Z Study by Bell & Associates. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Oswalt, Stutes, Abell, Branson, Friend, Jeffrey, and Lynch. B. Ordinance No. FY2008 -20 Adding a Ballot Question at the Next Regular Municipal Election to be Held on October 7, 2008 on Whether to Exempt Municipal Officers and Candidates for Elective Office from the State of Alaska Public Official Financial Disclosure Law (AS 39.50), Effective in 2008, and to Require Instead that Municipal Officers and Candidates for Elective Office Annually and Upon Declaration of Candidacy or Taking Office Fill Out the 2007 Kodiak Island Borough Financial Disclosure Statement Form Used Prior to the AS 39.50 Amendments, and Follow Municipal Conflict of Interest Laws. JEFFREY moved to adopt Ordinance No. FY2008 -20 in first reading to advance to public hearing on June 5, 2008. Many of the disclosure provisions, based on the amendments to Alaska Statutes 39.50 becoming effective in 2008 as well as the 2008 Financial Disclosure Statement form, impose extensive record keeping requirements, are intrusive, have become unduly burdensome, and may require financial disclosures regarding dependent and non - dependent children and other parties of municipal officers and candidates for elective office. By adopting the ordinance, a question would be added to the October ballot, whether to exempt municipal officers from the disclosure law per AS 39.50 and instead, municipal officers would annually fill out a KIB financial disclosure statement which is similar to the form used prior to the AS 39.50 amendments. A draft copy of this form was provided to the Assembly. If the proposition is approved by the voters in October 2008, KIB code sections pertaining to conflict of interest would be amended to include enforcement issues about financial disclosure, similar to what was adopted by the City of Kodiak. Assembly member Jeffrey clarified for the public's benefit that the Assembly's intent by approving this ordinance was not to exempt them from disclosing financial information but to Kodiak Island Borough Assembly Minutes May 15, 2008 Page 4 decrease the amount of information the public would have access to. She explained the current requirements of the APOC forms. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Abell, Branson, Friend, Jeffrey, Lynch, and Oswalt. Other Items — None. CITIZENS' COMMENTS Scott Arndt commented on Resolution FY2008 -34 vetoed by Mayor Selby and encouraged Assembly members Abell, Oswalt, and Stutes to sue the Borough for payment of their legal fees. Mike Milligan thanked the Assembly for its participation throughout the lawsuit process. Nick Troxell spoke in support of tyre Mayoral veto and supported the Assembly members that hired alternative council. Shawn Dochtermann asked for a resolution of the Assembly lawsuit and legal fees. He asked for Assembly support of the crewman's resolution. Cheryl Co rrad spoke in favor of payment of the Assembly legal fees. ASSEMBLY MEMBER COMMENTS Assembly member Stutes had no comments. Assembly member Friend had no comments. Assembly member Abell commended the Clerk's office for a fair and impartial attitude throughout the lawsuit. He congratulated Marylynn McFarland as Employee of the Quarter. Assembly member Branson congratulated Marylynn McFarland as Employee of the Quarter and Maya Edgerly as Student of the Month for May. She commended staff on ensuring that projects moved forward. Assembly member Jeffrey congratulated Marylynn McFarland as Employee of the Quarter and Maya Edgerly as Student of the Month. Assembly member Oswalt read a fax from Kenneth M. Damm regarding gravel extraction on residential properties. Assembly member Lynch congratulated Marylynn McFarland as Employee of the Quarter and Maya Edgerly as Student of the Month. Announcements Mayor Selby announced the Borough offices will be closed on Monday, May 26, 2008 in observance of the Memorial Day holiday. The Assembly will meet in a work session on Thursday, May 29, 2008 at 7:30 p.m. in the Borough Conference Room. The next regular meeting is scheduled on Thursday, June 5, 2008 at 7:30 p.m. in the Assembly Chambers. Kodiak Island Borough Assembly Minutes May 15, 2008 Page 5 ADJOURNMENT BRANSON moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Abell, Branson, Friend, Jeffrey, Lynch, Stutes, and Oswalt. The meeting adjourned at 10:25 p.m. ATTEST: Jerome M. Selby, Mayor Nova M. Javier, CMC, Borough Clerk Approved: Kodiak Island Borough Assembly Minutes May 15, 2008 KODIAK ISLAND BOROUGH Page 6 TITLE: Ordinance No. FY2008 -21 Amending Title 2 Administration and Personnel, Chapter 2.24 Borough Attorney by Adding Section 2.24.040 Alternate Counsel. SUMMARY: This ordinance was requested and sponsored by Assembly member Branson. KIBC 2.24.020 states the Assembly shall appoint the Borough Attorney by Resolution. This ordinance clarifies the process when individual actions of municipal officials are being challenged or the possibility of individual liability is presented and outside counsel is needed. This ordinance would require that the request for payment be made through the governing body of the Assembly before hiring another attorney. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT JUNE 19, 2008 REGULAR MEETING RECOMMENDED MOTION: Move to adopt Ordinance No. FY2008 -21. ITEM NO: 9.A Sections: 2.24.010 2.24.020 2.24.030 2.24.040 Kodiak Island Borough Borough attorney. Procedure for appointment. Service and removal. Alternate counsel. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2008 -21 BOROUGH ATTORNEY Introduced by: Assembly Member Branson Requested by: Assembly Member Branson Drafted by: Introduced: 06/05/2008 Public Hearing: 06/19/2008 Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL, CHAPTER 2.24 BOROUGH ATTORNEY BY ADDING SECTION 2.24.040 ALTERNATE COUNSEL Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Kodiak Island Borough Code of Ordinances is hereby amended by adding Section 2.24.040 Alternate counsel. Chapter 2.24 WHEREAS, Alaska Statutes allows the Assembly to provide the manner of appointing legal counsel; and WHEREAS, KIBC 2.24.020 states the Assembly shall appoint the Borough Attorney by Resolution; and WHEREAS, municipal officials, when their individual actions are being challenged, may need to seek alternate counsel to protect their personal interests; and WHEREAS, any municipal official presented with the possibility of individual liability who chooses to have an alternate counsel and who anticipates that the Kodiak Island Borough should pay the official's attorney fees must discuss the request with the governing body before hiring another attorney; and NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that 2.24.010 Borough attorney. Because the borough may sue and be sued and may enter into legal agreements, the assembly may retain legal counsel to act on the borough's behalf and to be recognized as the attorney. Ordinance No. FY2008 -21 Page 1 of 2 2.24.020 Procedure for appointment. The assembly shall appoint the attorney by resolution. 2.24.030 Service and removal. The attorney shall serve at the pleasure of the assembly and may be removed by order of the assembly. 2.24.040 Alternate Counsel. Any municipal official presented with the possibility of personal liability has a right to choose an alternate counsel other than the Borough attorney. Payment of fees for an alternate counsel must be preauthorized by a resolution of the Assembly. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH Kodiak Island Borough Ordinance No. FY2008 -21 Page 2 of 2 TITLE: Ordinance No. FY2008 -01 D Amending Ordinance No. 2008 -01 Fiscal Year 2008 Budget by Budgeting for Several Grants, State of Alaska Rebate of PERS Prepayments, and Legal Fees in Excess of Budget. SUMMARY: This ordinance: • Increases the Child Care Assistance budget by $5,086. • Increases the Coastal Management Grant by $3,800. • Sets up a project for non - structural seismic mechanical, electrical and plumbing (MEP) upgrades. This is funded by a State Grant of $132,249. • Sets up a project for non - structural seismic bracing. This is funded by a State Grant of $75,490. • Increases State revenue and reduces use of fund balance by $411,747. This is the amount of PERS prepayments rebated back to the borough by the state. • Increases the legal department and increases the use of fund balance by $30,000. This is due to legal costs higher than estimated in the original budget. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT JUNE 19, 2008 REGULAR MEETING RECOMMENDED FIRST MOTION: Move to adopt Ordinance No. FY2008 -01D. ITEM NO: 9.8 RECOMMENDED SECOND MOTION: Move to amend Ordinance No. FY2008 -01 D by substitution. SUBSTITUTED VERSION KODIAK ISLAND BOROUGH ORDINANCE NO. FY2008 -01D Introduced by: Manager Gifford Requested by: Manager Gifford Drafted by: Finance Director Introduced: 06/05/2008 Public Hearing: 06/19/2005 Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING ORDINANCE NO. 2008-01 FISCAL YEAR 2008 BUDGET BY BUDGETING FOR SEVERAL GRANTS, STATE OF ALASKA REBATE OF PERS PREPAYMENTS, AND LEGAL FEES IN EXCESS OF BUDGET WHEREAS, the State of Alaska has increased the Child Care Assistance Grant by $5,086; and WHEREAS, the State of Alaska has increased the Coastal Management Grant by $3,800; and WHEREAS, the Borough has received a grant from the State of Alaska for $132,249 for non- structural seismic mechanical, electrical and plumbing (MEP) upgrades; and WHEREAS, the Borough has received a grant from the State of Alaska for $75,490 for non- structural seismic bracing; and WHEREAS, the State of Alaska has rebated $411,747 in PERS costs that the borough prepaid; and WHEREAS, the Borough will expend more in legal fees than originally budgeted; NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that Section 1: This ordinance is not of a general application and shall not be codified. Section 2: FY2008 budget will be amended per the attached 9 page schedule. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk Kodiak Island Borough Ordinance No. FY2008-01D Page 1 of 10 FY2008 Ammended As of Difference Budget Revised Budget 04/30/08 % Adjustments Budget Fund 100 General Fund Revenues: Property Tax 8,773,010 8,765,587 7,423 100% 8,773,010 Boat & Motor Vehicle Tax 276,450 184,061 92,389 67% 276,450 Payment in Lieu of Taxes 814,000 12,501 801,499 2% 814,000 Severance Taxes 1,270,530 1,018,587 251,943 80% 1,270,530 Penalties & Int on tax 175,000 171,742 3,258 98% 175,000 Licenses and Permits 91,500 56,730 34,770 62% 91,500 Federal Shared Revenue 350,075 350,075 0% 350,075 Temporary Fiscal Relief 591,286 591,286 100% 591,286 Raw Fish Tax 950,000 1,054,059 (104,059) 111% 950,000 Raw Fish Tax - Offshore 2,000 2,000 0% 2,000 Other State Revenue 26,000 26,000 0% 411,750 437,750 Fines 1,000 1,113 (113) 111% 1,000 Interest Earnings 400,000 544,850 (144,850) 136% 400,000 Miscellaneous 194,531 20,223 174,308 10% 194,531 Use of Fund Balance 977,835 977,835 0% (381,750) 596,085 Sale of Fixed Assets - Transfer In Total 14,893,217 12,420,739 2,472,478 83% 30,000 14,923,217 Expenditures: Borough Assembly 180,910 124,783 56,127 69% 180,910 Borough Manager 373,985 217,457 156,528 58% 373,985 Borough Clerk 398,510 292,419 106,091 73% 398,510 Borough Attorney 130,000 104,490 25,510 80% 30,000 160,000 Finance Department 699,788 528,834 170,954 76% 699,788 Management Information Services 561,420 292,451 268,969 52% 561,420 Assessing Department 436,364 341,284 95,080 78% 436,364 Engineering/ Facilities Dept 111,432 79,917 31,515 72% 111,432 Community Development 775,170 520,388 254,782 67% 775,170 Building Official 132,765 46,382 86,383 35% 132,765 Economic Development 75,000 32,750 42,250 44% 75,000 General Administration 324,170 175,722 148,448 54% 324,170 Emergency Preparedness 8,800 5,108 3,692 58% 8,800 School District Support 9,662,622 8,182,343 1,480,279 85% 9,662,622 Health and Sanitation 232,720 232,699 21 100% 232,720 Animal Control 72,380 72,380 - 100% 72,380 Culture and Recreation 217,731 98,354 119,377 45% 217,731 Colledge and Libraries 93,000 84,000 9,000 90% 93,000 Transfers Out 406,450 406,450 - 100% 406,450 Total 14,893,217 11,838,211 3,055,006 79% 30,000 14,923,217 Fund 205 Child Care Assistance Program Revenue 77,000 61,521 15,479 80% 5,086 82,086 Expenditures 77,000 72,527 4,473 94% 5,086 82,086 Fund 210 Land Sales Revenue 96,700 79,073 17,627 82% 96,700 Expenditures 96,700 17,908 78,792 19% 96,700 Ordinance No. FY2008 -01D 1 Backup Info FY2008 Ammended As of Difference Budget Revised Budget 04/30/08 % Adjustments Budget Fund 220 Buildings and Grounds Revenues Revenues 449,810 381,511 68,299 85% 449,810 Transfers in 192,360 192,360 100% 192,360 Use of Fund Balance 121,400 - 121,400 0% 121,400 Total Revenues 763,570 573,871 189,699 75% 763,570 Expenditures - Borough Building 406,416 251,307 155,109 62% 406,416 MHC Apartments 11,000 3,326 7,674 30% 11,000 School Buildings 319,554 284,906 34,648 89% 319,554 Parks 26,600 7,339 19,261 28% 26,600 Total Expenditures 763,570 546,878 216,692 72% 763,570 Fund 230 Coastal Management Revenues 24,000 4,524 19,476 19% 3,800 27,800 Expenditures - CMG Regular 24,000 7,308 16,692 30% 3,800 27,800 Total Expenditures 24,000 7,308 16,692 30% 3,800 27,800 Fund 234 L.E.P.C. Revenues LEPC 17,800 3,776 14,024 21% 17,800 E.O.P. Grant - 0% - Revenues 17,800 3,776 14,024 21% 17,800 Expenditures - - Expenditures-LEPC 17,800 10,709 7,091 60% 17,800 Expenditures- FEMAgrant 111 (111) 0% - Total Expenditures 17,800 10,820 6,980 61% 17,800 Fund 240 Womens Bay Road Service Revenues 125,532 144,739 (19,207) 115% 125,53c Expenditures 125,532 128,850 (3,318) 103% 125,532 Fund 242 Service District No. 1 Revenues 220,000 249,641 (29,641) 113% 220,000 Expenditures 220,000 142,050 77,950 65% 220,000 Fund 243 Service Area No. 2 Revenues 351 (351) Expenditures Ordinance No. FY2008 -01D 2 Backup Info Fund 244 Monaska Bay Road District Revenues 43,175 46,961 (3,786) 109% 43,175 Expenditures 43,175 59,574 (16,399) 138% 43,175 Fund 246 Bay View Road Service Area Revenues 5,700 6,834 (1,134) 120% 5,700 Expenditures 5,700 6,016 (316) 106% 5,700 FY2008 Ammended As of Difference Budget Revised Budget 04/30/08 % Adjustments Budget Fund 250 Fire Protection Area No. 1 Revenues 426,500 447,902 (21,402) 105% 426,500 Expenditures 426,500 249,082 177,418 58% 426,500 Fund 252 Womens Bay Fire Department Revenues 93,010 106,084 (13,074) 114% 93,010 Expenditures 93,010 39,451 53,559 42% 93,010 Fund 254 KIB Airport Fire District Revenues 14,230 15,060 (830) 106% 14,230 Expenditures 14,230 12,813 1,417 90% 14,230 Fund 260 Woodland Acres Street Lights Revenues 6,000 539 5,461 9% 6,000 Expenditures 6,000 4,205 1,795 70% 6,000 Fund 261 Trinity Islands Lighting Dist. Revenues 3,800 3,999 (199) 105% 3,800 Expenditures 3,800 1,471 2,329 39% 3,800 Fund 262 Mission Lake Tide Gate Revenues 3,050 3,991 (941) 131% 3,050 Expenditures 3,050 580 2,470 19% 3,050 Fund 263 Trinity Islands Paving Dist. Revenues 39,880 37,908 1,972 95% 39,880 Expenditures 39,880 7,863 32,017 20% 39,880 Fund 275 Kodiak Arts Council Revenues 69,460 49,431 20,029 71% 69,460 Expenditures 69,460 39,915 29,545 57% 69,460 Fund 276 Facilities Fund Revenues 2,000,000 2,015,447 (15,447) 101% 2,000,000 Expenditures/Transfers Out: Building Insurance 192,360 192,360 - 100% 192,360 Debt Service 922,250 922,250 - 100% 922,250 Capital Projects Fund 410 700,000 700,000 100% 700,000 Capital Projects Fund 430 - 0% Contingencies - 0% Contengencies - inflation proofing 185,390 185,390 0% 185,390 Total Expenditures 2,000,000 1,814,610 185,390 91% 2,000,000 Fund 277 Tourism Development Revenues 50,000 62,894 (12,894) 126% Expenditures 50,000 37,508 12,492 75% Fund 290 Fern Fuller Trust Revenues 437,000 35,365 401,635 8% 437,000 Expenditures 437,000 75,208 361,792 17% 437,000 Ordinance No. FY2008 -01D 3 Backup Info 50,000 50,000 Fund 300 Debt Service Revenues State Debt Reimbursement 1,789,310 1,287,752 501,558 72% 1,789,310 Interest Earnings 20,000 30,267 (10,267) 151% 20,000 Transfers in General Fund - Education 539,210 539,210 100% 539,210 General Fund - Health - Facilities Fund 922,250 922,250 100% 922,250 Hospital Fund 200,000 200,000 100% 200,000 Bond Premium 44,652 Use of fund balance - - 0% Total Revenues 3,470,770 3,024,131 446,639 3,470,770 Expenditures Expenditures - School Debt 2,699,150 2,174,430 524,720 81% 2,699,150 Expenditures - Hospital Debt 765,000 765,105 (105) 100% 765,000 Expenditures- Karluk Loans 6,620 6,620 0% 6,620 Expenditures -Other Debt - - 0% - Total Expenditures 3,470,770 2,939,535 531,235 85% 3,470,770 Ordinance No. FY2008 -01D FY2008 Ammended As of Difference Budget Revised Budget 04/30/08 % Adjustments Budget 4 Backup Info Revenues: Interest Eamings 304,898 304,898 0% 304,898 Contributions for BMX track 39,670 39,670 - 100% 39,670 State Grant 540,508 540,508 0% 540,508 Miscellaneous - - 0% Total Revenues 885,076 39,670 845,406 4% 885,076 Operating Transfers In: - General Fund 517,352 517,352 100% 517,352 Building and Grounds Fund Bayside Fire Department 448,800 448,800 100% 448,800 Facilities Fund 1,434,384 1,343,384 91,000 94% 1,434,384 Total Operating Transfers In 2,450,536 2,309,536 141,000 94% 2,450,536 Total Revenues 3,335,612 2,349,206 986,406 70% 3,335,612 Projects: 85 Village Metals 150,000 121,257 28,743 81% 150,000 146 BMX Bike Trail 94,670 49,278 45,392 52% 94,670 174 Bayside Storage Addition & Engine Bay 426,800 27,470 399,330 6% 426,800 00102 Bayside Underground Electrical 22,000 - 22,000 0% 22,000 03105 Northstar School road /parking lot design 50,000 29,189 20,811 58% 50,000 03108 Borough Building Parking Lot 50,000 - 50,000 0% 50,000 03106 KHS emergency generator 50,000 50,000 0% 50,000 03109 Borough Building air handling penthouse 10,000 - 10,000 0% 10,000 03110 Borough Building emergency generator 20,000 2,353 17,647 12% 20,000 03120 WB Comm Plan Revision 33,380 22,392 10,988 67% 33,380 05023 Peterson Seismic Upgrade 540,508 64,601 475,907 12% 540,508 05025 High School Gym Seismic 50,000 5,104 44,896 10% 50,000 06001 Computer Upgrade 114,000 185,619 (71,619) 163% 114,000 07008 Seismic Repair - - 0% 07015 High School kitchen floor 12,323 12,323 - 100% 12,323 07016 R and replacement of culverts at Panamaroff Creek 30,000 - 30,000 0% 30,000 07017 Hospital Solarium 25,000 25,000 100% 25,000 07018 HS Pool Repairs 40,000 - 40,000 0% 40,000 08001 Kodiak Middle School Asbestos Abatement 182,000 69,791 112,209 38% 182,000 08002 Main elementary Asbestous abatment 43,000 94,341 (51,341) 219% 43,000 08003 HS Soil Remediation 497,000 427,430 69,570 86% 497,000 08004 Computer Assisted Mass Appraisal and Collection Prg 400,000 42,667 357,333 11% 400,000 Tranfer to Fund 430 390,000 390,000 0% 390,000 Other Projects 104,931 104,931 0% 104,931 Total Borough Projects 3,335,612 1,178,815 2,156,797 35% 3,335,612 Capital Projects Fund 410 - Borough Capital Projects: Ordinance No. FY2008 - 01D FY2008 Ammended As of Difference Budget Revised Budget 04/30/08 % Adjustments Budget 5 Backup Info Ordinance No. FY2008 -01D FY2008 Ammended As of Difference Budget Revised Budget 04/30/08 % Adjustments Budget Fund 420 -GO Bond Projects: Revenues: Interest Earnings 3,633,918 2,530,352 1,103,566 70% 3,633,918 Proceeds from bond 2004A Bond Issue 9,302,760 9,302,760 - 100% 9,302,760 Proceeds from bond 2004B Bond Issue 11,050,000 11,080,000 (30,000) 100% 11,050,000 Proceeds from bond 200XX Bond Issue 8,000,000 8,000,000 0% 8,000,000 31,986,678 22,913,112 9,073,566 72% 31,986,678 Projects: 03119 New Swimming Pool 14,595,000 1,697,194 12,897,806 12% 14,595,000 04101 Old Harbor GymNoc Ed renovation 2,251,134 2,823 2,248,311 0% 2,251,134 04102 Larsen Bay School floor repair 339,883 1,528 338,355 0% 339,883 04103 Ouzinkie Gym renovation 1,923,187 75,496 1,847,691 4% 1,923,187 05002 Evacuation Center earthquake evaluation 500,000 325,507 174,493 65% 500,000 05009 Kodiak Middle School concrete repair 237,918 9,350 228,568 4% 237,918 05010 Kodiak High School asbestos & floor covering 304,704 212,518 92,186 70% 304,704 05011 District -wide floor covering replacement 728,708 499,575 229,133 69% 728,708 05012 Kodiak High School heating and ventilation 250,000 174 249,826 0% 250,000 05013 Kodiak High School insulastion and windows 596,020 4,172 591,848 1% 596,020 05014 Kodiak High School and Middle School roof repair 600,000 617,179 (17,179) 103% 600,000 05015 High School Voc ed /classroom reclaimation 4,840,788 88,789 4,751,999 2% 4,840,788 05016 East School heating and ventilation 520,000 114,787 405,213 22% 520,000 05017 Learning Center renovation 1,181,336 26,232 1,155,104 2% 1,181,336 KMS Seismic Upgrade, Phase II - - - Ouzinkie Sprinkler System Ouzinkie Generator Replacement Contingencies 0% 31,986,678 3,675,324 28,311,354 11% - 31,986,678 6 Backup Info FY2008 Ammended As of Difference Budget Revised Budget 04/30/08 % Adjustments Budget Fund 430 -State Capital Grant Projects: Revenues: KIB Waste Management Implementation 1,741,400 1,741,400 0% 1,741,400 Anton Larsen Bay Boat Ramp 560,000 560,000 0% 560,000 Chiniak Grant 20,000 2,879 17,121 14% 20,000 ADF &G, fish research 200,000 139,518 60,482 70% 200,000 Coastal Impact Program CIAP Grant 189,985 189,985 0% 189,985 Homeland Security 17,733 17,733 0% 17,733 06008 Summit Lake Trail 23,500 17,343 6,157 74% 23,500 06007 ADF & G Building Design 1,500,000 1,500,000 0% 1,500,000 2005 Pre Disaster Mitigation Grant 41,724 41,724 - 100% 41,724 05022 KMS Seismic Upgrade 410/523 938,633 - 938,633 0% 938,633 05026 HS Library Wing Seismic Retrofit 465,618 62,630 402,988 13% 465,618 07001 Area Wide School Equipment and Supplies 70,000 58,683 11,317 84% 70,000 07003 Island Lake Trail 48,000 48,000 0% 48,000 07004 Larsen Bay Equipment 70,000 70,000 0% 70,000 07005 Main elementay School Playground Equipment 25,000 25,000 0% 25,000 07006 Port Lions Community Workshop 10,000 3,147 6,853 31% 10,000 07008 School Facilities Seismic Repairs 910,000 910,000 0% 910,000 07009 Tsunami Siren, Upgrades & Additions 100,000 1,000 99,000 1% 100,000 07010 ADF & G Near Island Facility 500,000 500,000 0% 500,000 07011 Ouzinkie Dock Replacement 570,000 570,000 0% 570,000 07012 Ouzinkie School Seismic Upgrade 308,344 308,344 0% 308,344 East Elementary School Siesmic Upgrade 138,606 - 138,606 0% 138,606 School District Computer Grant 70,000 70,000 0% 70,000 Emergency Communications and Planing 30,000 1,602 28,398 5% 30,000 Kodiak Middle School Playground Equipment 10,000 - 10,000 0% 10,000 Area Wide School Supplies and Equipment 130,000 130,000 0% 130,000 Near Island Fish and Game Building 950,000 - 950,000 0% 950,000 Non - Structural Seismic Upgrades for Kodiak Schools - MEP - 0% 132,249 132,249 Non - Structural Seismic Upgrades for Kodiak Schools- Bracing - - 0% 75,490 75,490 Transfers in from fund 410 526,350 526,350 0% 526,350 Anton Larson Boat Ramp 60,000 60,000 0% 60,000 Coastal Impact Program 130,000 130,000 0% 130,000 Dingell- Johnson Contribution 140,000 140,000 0% 140,000 Total Revenues 10,494,893 328,526 10,166,367 3% 207,739 10,702,632 Projects: 164 KIB Waste Management Implementation 1,741,400 936,714 804,686 54% 1,741,400 177 Anton Larsen Bay Boat Ramp 896,350 626,038 270,312 70% 896,350 02107 ADF &G Research Study 200,000 146,732 53,268 73% 200,000 03114 Coastal Impact Program 319,985 316,743 3,242 99% 319,985 03118 Chiniak Multi -use Grant 20,000 11,711 8,289 59% 20,000 05019 Homeland Security 17,733 14,430 3,303 81% 17,733 05020 2005 PreDisaster Mitigation Grant 41,724 45,914 (4,190) 110% 41,724 05022 KMS Seismic Upgrade 410/523 938,633 1,990,961 (1,052,328) 0% 938,633 05026 HS Library Wing Seismic Retrofit 465,618 11,012 454,606 2% 465,618 06007 ADF & G Building Design 1,500,000 - 1,500,000 0% 1,500,000 06008 Summit Lake Trail 23,500 17,343 6,157 74% 23,500 07001 Area Wide School Equipment and Supplies 70,000 55,599 14,401 79% 70,000 07003 Island Lake Trail 48,000 48,000 0% 48,000 07004 Larsen Bay Equipment 70,000 70,000 0% 70,000 07005 Main elementay School Playground Equipment 25,000 25,000 0% 25,000 07006 Port Lions Community Workshop 10,000 3,147 6,853 31% 10,000 07008 School Facilities Seismic Repairs 1,300,000 1,300,000 0% 1,300,000 07009 Tsunami Siren, Upgrades & Additions 100,000 3,341 96,659 3% 100,000 07010 ADF & G Near Island Facility 500,000 500,000 0% 500,000 07011 Ouzinkie Dock Replacement 570,000 100,523 469,477 18% 570,000 07012 Ouzinkie School Seismic Upgrade 308,344 57,669 250,675 19% 308,344 07014 East Elementary School Siesmic Upgrade 138,606 5,565 133,041 4% 138,606 School District Computer Grant 70,000 70,000 0% 70,000 Emergency Communications and Planing 30,000 30,000 0% 30,000 Kodiak Middle School Playground Equipment 10,000 10,000 0% 10,000 Area Wide School Supplies and Equipment 130,000 130,000 0% 130,000 Near Island Fish and Game Building 950,000 - 950,000 0% 950,000 Ordinance No. FY2008 -01D 7 Backup Info FY2008 Ammended As of Difference Budget Revised Budget 04/30/08 % Adjustments Budget Non - Structural Seismic Upgrades for Kodiak Schools — MEP 0% 132,249 132,2 Non - Structural Seismic Upgrades for Kodiak Schools— Bracing - - - 0% 75,490 75,45, Total Expenditures 10,494,893 4,343,442 6,151,451 41% 207,739 10,702,632 Ordinance No. FY2008 -01D 8 Backup Info FY2008 Ammended As of Difference Budget Revised Budget 04/30/08 % Adjustments Budget Fund 490 Landfill Capital Projects Landfill Closeout/Leachate Treatment 3,000,000 3,000,000 0% 3,000,000 07013 Landfill Lateral Expansion - - - 0% - Total Revenues 3,000,000 3,000,000 0% 3,000,000 165 Landfill Closeout/Leachate Treatment 3,000,000 3,000,000 0% 3,000,000 07013 Landfill Lateral Expansion - - 0% - Total Expenditures 3,000,000 3,000,000 0% 3,000,000 Fund 495 Hospital Capital Projects - Hospital 660,288 270,288 390,000 41% 660,288 Providence - 0% From Facilities Fund 125,000 125,000 100% 125,000 Total Revenues 785,288 395,288 390,000 50% 785,288 03112 Hospital access and parking, Phase I & II 660,288 181,733 478,555 28% 660,288 05021 CHC architural Engineering 125,000 32,636 92,364 26% 125,000 Total Expenditures 785,288 214,369 570,919 27% 785,288 Fund 530 Solid Waste Collection /Disposal Revenues - Waste Collection 2,776,703 2,096,944 679,759 76% 2,776,703 Waste Disposal 1,149,968 1,077,105 72,863 94% 1,149,968 Total Revenues 3,926,671 3,174,049 752,622 81% 3,926,671 Expenditures - Waste Collection 1,294,662 929,888 364,774 72% 1,294,662 Waste Disposal 2,632,019 1,538,014 1,094,005 58% 2,632,019 Total Expenditures 3,926,681 2,467,902 1,458,779 63% 3,926,681 Fund 540 Hospital Enterprise Fund Revenues: Interest Eamings - 9,731 (9,731) - Providence Hospital Lease 720,000 600,000 120,000 83% 720,000 Transfer in from Fern Fuller 66,500 66,500 100% 66,500 Use of Retained Earnings 1,264,350 1,264,350 0% 1,264,350 Total Revenues 1,660,850 676,231 984,619 41% 1,660,850 Expenditures and Transfers: - Expenditures 2,050,850 1,263,034 787,816 62% 2,050,850 Total Expenditures 1,660,850 1,263,034 397,816 76% 1,660,850 Fund 555 - Kodiak Fisheries Research Center - Revenues 2,105,019 1,492,496 612,523 71% 2,105,019 Expenditures Research Facility 2,070,519 1,231,731 838,788 59% 2,070,519 Dorm Facility 34,500 19,160 15,340 56% 34,500 2,105,019 1,250,891 854,128 59% 2,105,019 Fund 560 - Telephone 911 Service - Revenues 69,000 39,436 29,564 57% 69,000 Expenditures 69,000 102,030 (33,030) 148% 69,000 Ordinance No. FY2008 -01D 9 Backup Info TITLE: Contract No. FY2008 -40 Kodiak Island Borough and City of Kodiak Animal Control Agreement. SUMMARY: The Kodiak Island Borough and the City of Kodiak jointly fund the animal control program. The City provides the Officer (including the management — payroll, evaluation, and training); the truck (including maintenance); and contracts with the Humane Society to operate the shelter. The Animal Control Officer patrols the City limits as well as the remainder of the road system outside the City limits. The population of this area is roughly split 50 -50 between city residents and non -city residents. The a#tashe• Humane Society statistics for FY07 are attached and demonstrate that a large number (especially dogs) of animals and types of animals are processed through the shelter. There is an increase in the budget from the FY08 amount of $72,380 to the FY09 cost of $84 125. This increase is for professional services expenditures associated with the running of The shelter and includes such things as veterinary costs and building operations, maintenance and improvement costs. The term of the contract is two years and expires on June 30, 2010. FISCAL NOTES: Account No. 100 -186 Amount Budgeted: $84,125 Expenditure Required: $84,125 APPROVAL FOR AGENDA: RECOMMENDED MOTION: FY2008 -40 with the City of 2008 through June 30, 2010 KODIAK ISLAND BOROUGH AGENDA STATEMENT JUNE 19, 2008 REGULAR MEETING ITEM NO: 13.A.1 Move to authorize the manager to execute Contract No. Kodiak for animal control services for the period of July 1, in the amount of $84,125 per year. ANIMAL CONTROL CONTRACT Between the CITY OF KODIAK And the KODIAK ISLAND BOROUGH THIS AGRREMENT is made and entered into by and between the KODIAK ISLAND BOROUGH, HEREINAFTER "KIB" and CITY OF KODIAK, HEREINAFTER "city," in consideration of the mutual promises contained herein and shall be effective on the day, month, and year last herein specified. WHEREAS, the KIB adopted Ordinance No. 86- 16 -0(A) authorizing the control of animals outside of cities for the purpose of protecting the public health and safety; and WHEREAS, the KIB wishes and is authorized to contract for animal control service by Kodiak Island Borough Code Subsection 6.04.150(C); and WHEREAS, the CITY is willing to provide said services to the KIB. NOW, THEREFORE, the parties hereto covenant and agree as follows: Section 1. DEFINITIONS. In this contract: A. "KIB" means the Kodiak Island Borough. B. "Animal Code" means Chapter 6.04 of the Kodiak Island Borough Code and any amendments thereto. C. "Animal Shelter" means the City of Kodiak Animal Shelter. D. "Chief Animal Control Officer" means the Kodiak Island Borough Manger or his/her designee. E. "Complaint" means a request to the CITY for service or services. F. "CITY" means the City of Kodiak, its agents and employees. Section 2. SCOPE OF SERVICES. A. The CITY shall provide personnel, supplies, equipment and a facility to perform those animal control services set forth in this contract. B. No services other than those specifically described in this contract will be provided. The CITY may, however, at its own expense provide such other services as are appropriate and not inconsistent with this contract. Page 1 of 5 Section 3. ENFORCEMENT AND COMPLAINT RESPONSE; ANIMAL CONTROL OFFICER(S). A. The CITY shall employ Animal Control Officer(s) who shall respond to complaints in the following priority: (1) Kodiak Police Department and Alaska Troopers emergency calls; (2) quarantine violations; (3) dog bites or vicious dogs; (4) injured animals; (5) cruelty to animals; (6) trapped animals; (7) loose animals; (8) animal noise complaints; and (9) patrol of neighborhoods experiencing animal nuisance problems. B. The CITY shall assign Animal Control Officer(s) to patrol Monashka Bay, Spruce Cape, and Bells Flats on a regular basis. The CITY shall also assign Animal Control Officer(s) to serve Chiniak, and other remote areas on an emergency call basis. C. Animal Control Officer(s) shall issue citations for subject violations of the Animal Code, participate in the prosecution of such citations, and investigate and prepare reports regarding serious code violations. Officers shall impound stray dogs and other animals which are subject to impoundment; when necessary bring animals into the Animal Shelter under protective custody; enforce the quarantine of animals that have bitten persons; inspect, for sanitary conditions, premises where animals are kept; administer first aid to animals; participate in administrative hearings at the request of the Chief Animal Control Officer; and generally assist, in a professional manner, citizens and other law enforcement agencies who have requested help with animal problems. D. The CITY shall provide around- the - clock, seven - day - per -week telephone answering service to accept and record animal complaint and information calls from the public. E. The CITY shall use its best efforts to respond in a timely manner to all complaint calls of an emergency nature (e.g. vicious animals, cruelty to animals, trapped animals) received during working hours (Monday through Friday 8:30 am to 4:30 pm). A timely response is one in which the Officer arrives not more than seventy -five (75) minutes after the request for service has been made. F. Scheduled patrol and non - emergency animal control officer - response service shall be made available to the public daily, with hours apportioned over a five -day week so as to provide coverage for the heaviest complaint periods. Periodic adjustments in the times covered may be made as necessary. Section 4. CARE, REDEMPTION, ADOPTION AND DEPOSITION OF ANIMALS. Care, redemption, adoption and deposition of animals and hours of Animal Shelter operation shall coincide with those established by the CITY, as a municipal government, for Animal Control operations presently administered within the city limits. The CITY will provide the facility and furnishings, patrol vehicles, operating supplies, and insurance. Section 5. INSURANCE. A. The CITY shall provide insurance coverage in the following amounts: a. Worker's Compensation insurance as required by AS 23.30.045 or any other applicable statutes or regulations. b. General Liability insurance with a minimum of $10,250,000 per occurrence and/or aggregate combined single limit, personal injury, bodily injury, and property damage. c. Vehicle Liability insurance including applicable uninsured /underinsured coverage, with limits of liability of not less than a minimum of $1,000,000 per occurrence combined single limit bodily injury and property damage. Page 2 of 5 B. The following shall be Additional Insured's: The KIB, including all elected and appointed officials, all employees and volunteers, all boards, commissions and /or authorities and their board members, employees, and volunteers. This coverage shall be primarily to the KIB, and not contributing with any other insurance or similar protection available to the KIB, whether other available coverage be primary, contributing or excess. C. To the fullest extent permitted by law, the CITY, agrees to defend, indemnify and hold harmless the KIB, its elected and appointed officials, employees, and volunteers against any and all liabilities, claims, demands, lawsuits, or other losses, including costs and attorney fees incurred in defense thereof, arising out of or in any way connected or associated with this contract. D. A sixty (60) day Notice of Cancellation or Change, Non - Renewal, Reduction and /or Materials Change shall be sent to the KIB at the address indicated in Section 11 (Notices) of this agreement. E. The CITY shall provide evidence of coverage to the KIB at the time that the contract is executed, as listed below: Two (2) copies of Certificate of Worker's Compensation Insurance Two (2) copies of Certificate of General Liability Insurance Two (2) copies of Certificate of Vehicle Liability Insurance F. If any of the above coverage expires during the term of the contract, the CITY shall deliver renewal certificates and/or policies to the KIB at least ten (10) days prior to the expiration date. The CITY shall not commence operations under this agreement until they have obtained the coverage required under the terms of this agreement. All coverage shall be with insurance carriers licensed and admitted to do business in the State of Alaska. All coverage shall be with carriers acceptable to the KIB. If the CITY fails to comply with the insurance requirements of this agreement, the KIB may terminate the agreement on ten (10) days written notice. The CITY covenants to maintain all insurance policies required in this agreement for the period of time in which a person may commence a civil action as prescribed by the applicable statute of limitations. The coverage required by this agreement shall cover all claims arising in connection with the CITY activity authorized under this agreement, whether or not asserted during the term of this agreement and even though judicial proceedings may not be commenced until after this agreement expires. Page 3 of 5 Section 6. LICENSING. A. The CITY shall administer the licensing of individual dogs as stated in the Animal Code and in the KIB fee schedule. B. The CITY shall post a public notice in the Animal Shelter lobby, as well as provide periodic newspaper and public service announcements stating that all dogs over three months of age must be licensed. C. All tags, certificates, and other supplies necessary for licensing will be provided by the CITY. Section 7. CUSTOMER SERVICE. The CITY will operate the Animal Shelter seven days per week, maintain published hours for public access to recover or adopt animals 5 days per week, and have available emergency response capability to access the Animal Shelter on a twenty -four (24) hour per day basis. Section 8. FEE COLLECTION. A. The CITY shall collect any licensing fees authorized by the Animal Code and periodically transfer the amount collected to the KIB. B. Kodiak Island Borough may conduct a periodic audit or review of the CITY's fee collection process. Section 9. CONTRACT TERM. This contract is effective from the date of execution through June 30, 2010. Section 10. CONTRACT ADMINISTRATION AND MANAGEMENT. A. The Chief Animal Control Officer shall administer this contract on behalf of KIB. B. The Kodiak City Manager shall administer this contract on behalf of the CITY. Section 11. NOTICES. Any notice required pertaining to the subject of this contract shall be personally delivered or mailed by prepaid first class registered or certified mail, return receipt requested, to the following addresses: KODIAK ISLAND BOROUGH Borough Manager 710 Mill Bay Road Kodiak, AK 99615 CITY OF KODIAK City Manager 710 Mill Bay Road Kodiak, AK 99615 Page 4 of 5 Section 12. INSPECTION AND RETENTION OF RECORDS. The CITY shall maintain an accounting and documentation of expenditures and shall allow KIB to examine such records as well as any of the CITY' s records with respect to animal control matters at all times during normal business hours and as often as KIB may deem necessary, including the period after the termination of this contract. The CITY shall permit KIB to audit, examine, and make copies and/or excerpts or transcripts from such records and to audit all invoices, materials, payrolls, records or personnel, and other data relating to any matter covered by this contract. The CITY shall maintain all of its records pertaining to this contract for a period of not less than two years after termination of this contract. Section 13. BUDGET AND REIMBURSEMENT OF EXPENSES. A. Upon condition of satisfactory performance in all respects by the CITY and subject to the remainder of this section, KIB shall pay the CITY a sum of $84,125 per year. The compensation shall be paid in semi - annual installments, July 1 and January 1. B. The CITY and KIB shall separately assume any legal costs associated with animal control enforcement within their respective areas of jurisdiction. C. The KIB shall be responsible for direct costs associated with the transportation, lodging, feeding and veterinarian services for animals outside the CITY that cannot be transported by the animal control officer and/or are not able to be lodged at the Kodiak Animal Shelter, provided prior written approval has been obtained from KIB. Section 14. AMENDMENT OR TERMINATION. This Agreement will become effective July 1, 2008 and continue in force until June 30, 2010, except that, in addition to the termination provisions in Section 6.F. (Insurance), it may be terminated by either party upon thirty (30) days written notification to the other. This Agreement may be amended by written agreement of the parties. IN WITNESS WHEREOF, the parties have executed this contract on the date and at the place shown below. CITY OF KODIAK KODIAK ISLAND BOROUGH Linda L. Freed, City Manager Rick Gifford, Borough Manager ATTEST: ATTEST: Debra Marlar, City Clerk Nova Javier, Borough Clerk Page 5 of 5 HUMANE SOCIETY OF KODIAK FY2009 AND FY2010 BUDGET NARRATIVE Kodiak Animal Shelter Operations Payroll - The numbers are based on a variety of factors. The first is the pending departure of Kathy Dacquilanea, effective June 30, 2008. We propose to hire a full -time "Shelter Manager ", who will be responsible for maintaining all records for the effective operation of the Shelter, as well as scheduling of employees, transporting of animals and/or materials to the vet, the airport, etc. The shelter currently maintains (2) two part-time Shelter Assistant positions, whose primary responsibilities are the health and welfare of the animals in residence at the Shelter. Additionally, we currently maintain (2) two part-time Kennel Technicians whose primary role is to provide assistance to the Shelter Assistants. This level of staffing is necessary in to ensure that the shelter operations run efficiently and the shelter itself is a safe and healthy environment for both the animals and the public. Payroll Taxes — The current rate of payroll taxes is 13% of personnel expenses. The taxes include, but are not limited to, all required federal payroll taxes and state unemployment. The budget reflects the 13% payroll tax based on budgeted personnel expenses. Public Education — This includes, but is not limited to, expenses incurred for materials (handouts) and travel expenses to visit local schools, programs, etc, to teach children (primarily) about responsible pet ownership. Staff Training - In hiring new staff as noted above, we propose to bring in trainers from off - island for all staff, rather than send individuals for training. athanasia — Incineration and related veterinary expenses - Increased costs, combined with increased numbers, necessitate this request. Cleaning Supplies - We anticipate maximum capacity, which will require a great deal of time and cleaning materials, to maintain a healthy environment, for animals, staff and the public in general. Building Maintenance — This category includes any emergency situation, i.e. water line break on the washing machine, broken windows, vandalism which would have to be repaired immediately, etc. Electricity - The cost of electricity has increased substantially, no matter how much we attempt to conserve energy. Garbage Service - We have historically minimized the usage of the on -site dumpster in order to avoid excessive costs, which were not factored in to prior year budgets. Heating Fuel - Self explanatory. We have, historically, kept the thermostat at a barely functional level for staff. We do not propose a tropical environment, but would want staff comfortable. Telephone /Internet - Phone service and interne costs have increased on a yearly basis, which has not been factored in to previous years requests. surance (Workmen's Comp and General Liability) Workers Compensation is at an approximate rate of 9.45% r $100 in payroll expenses. General Liability insurance is on average $1200 per year. Public City Borough 1 _8£ I OZ 0 89 Oti N 69 KPD,Tr C City Borough £i 0 0', £6 6C e- e— I Control Borough 68 I N 0 Z8 CO 0 ss Animals Impounded by s boa S;e3 Other Totals I • N is F H R E H 0 O 00 is SEE NNE s_ m H w 0 'O co co O L m t w 0 ti CD CD N Co) Ci z 0 a 2 co O 1 Rc H (0 a) 0 0 0 x C 00000 O cr. O O O O H CO O O O ul 0) V) O In H N C' ( O W M 44 0 m l0 H 4-) al 0 > a) w 0 Sa w S U 10 a) o co o ❑ 0 5 0 a) -H O (1) 0 4 > H 41 • U (34 N 1-1 •cl a 41 a) U 0 0 N as 0 a) U 46-1 a U •HI 4) a) o a •-1 0 0 0) H O Hi ro 41 ro ro a 4 0 U W A E O E a 41 -Hi • •Hi a) a) ro ZS a) 41 U O 447 < a 4 4- 4.44 nro • 01)1) O OHH o o o o o a a x x E a) (n 40 0 0 0 0 0 0 0 0 0 O O C O C 0 0 0 0 0 0 0 0 0 O O O O O C 0 O O O O O O O O O O O O o C C C O O to O of O O O O O O O O O O O O O O O CO O N O O N C. M ul VD N M M N M O m C. N CD H H rl Ul M cr ri 1-4 HI M H H O 0 0 0 0 0000 0 0000000 0 0 0 00 0 00 0 0 0 0000 O O• O O O C CO O O O O C O O O O C O O O O O O O O O O O O C O H co, O O N N M 0 0 0 U1 0 0 0 0 0 0 0 0 U1 C O O O O O O O O O N • . . . . . . . . . . . . . . . . . . . . . . . . . . . CO u1 O u1 N N N u) O O H N )n ('1 01 VD N U1 CO N m 0 m CO N 40 H ri N N 0 O 0o on cr. 0 l0 M 0) rl H H M H M VD ri H 0 x401 0 0 0 O 000 O to al 1 al N O 400) M N O 0 N ul N l0 N 44) CO N C lD H M (n C O 0 M (- 0 O1 O 0 M MOO 01 lD ul C CO al 01 N N C' C. N C' M al C. C N M O al ul C' (` ul (-- VD N N M VD O1 N 0 al 0 H O l0 ul H N N 0 C. 01 H N U1 M .-I m U1 ri a' 10 r4 N N H N O M ul H to H ri l0 01 OH C' N CD ( - HHN H N VD HI CO O O O O O O O O O O O O O O O O O O O O C O 0 0 0 0 0 0 0 0 0 C' cr 0 0 O O OD O O C O O O O C O o C O 0 0 0 0 0 0 o 0 0 0 0 0 N M O U1 U1 01 M O O O 4) 0 0 0 0 0 0 0 0 4f) 0 0 0 0 0 0 0 0 0 0 N 01 10 0 C' N N N u1 O O H N 40 M )n l0 M U1 M N CO O on O N l0 H H N ( - c' O CO C' C 4- C11 M M ri r1 H M H on VD H r-4 VD ID H H ID O H O C ID N O 10 OD ID m al M N C. al CV )n O HI )n O C' ul M a'0 VD M r H ri O al CO O N VD O r - N O N C. ul 01 CO m H h 0 VD C. CO In M U1 M O H N 0- H VD ri 40 M O CO N N 4 - O O al 01 CD C. C' U1 01 0- O N O) VD O OD M 0) N O 0l VD 01 W N C' N N M VD C. O M M 4- 0D M C' N N O M VD H U1 H H l0 O O M N cr C. In M ul ri H H C' H C' l0 H ri 5 CD C 01100 v v C.-. v C..+ U1 c' O VD HI CD O CO o O O O o O O O O O O O O C O O O o O O O O O O 4f) M O r l0 U1 10 0) O O O O Ul O O O U1 U1 O O O O O O O O O O O O N . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . H 0) O CD CO N N N CO C O on N r r O.1 N ri ri m N O on N N lD r4 H N CO M O CO N C r- N M N H H N C' H rI C 1D H r4 • 0 O O • 00 0 O O 0 O u O O N 1--1 N ri N H O O O O N O O O 0l O O 40 O O O H O M H N U) (4) 44 4) 1� -H O C 01 N C N c m S1 m N CO M 0 O w 1` H N (NI N H M 0) H U -H H H 0 a O CD CD O N co O C' O O 171 0) r1 O O O H C' M H O N N 00 N r 0 N O m m VD N C' C' C ("V C' N O N M 0 0 O O 0 0 O N 0 CO 0 ul H a) . O 0 in Hi H Hi H C H • it m 0 0 -Hi M E O O Lon on N N lD C' O O co. 0) 0l N 0 on (—' Lin Hi 0 0 u) N O U O O a) rn w o o u) u) -HI CS 0 • 4 -Hi '0 > .--I E 4-1 4- 4 0 0 u) 4) O 0 1) 41 u 0 m al 0 ro ro -Hi m 0 U 41 0 U 05 0) 0 40 44 0) 0 0 - ) A 4 X -HI - 0 H u) 0) 0) 0) 0 40 01 44 0 (1 ) - ) Cr U 4) 0 .[ U a a) a a) n C7 0 0 40 0 40 0) 0 A 0 0 > 41 In •• 4 u ) 0 0 •0 ✓ ' a 4 0 4) 05 , - 44 CO 41 ro Sa -HI 0 • • u) o 0 HI 0 CT S1 0 co a H X a) 1) 0 S-1 4 u) 0) E 41 0) a44 N 11 m • 4i H > 0 0 N --I ro 0 U a) a) 4) a) 4• -Hi 0 fn 0 •HI 4 - ri u ro -r1 0 E 4A •C - r1 -r1 0 X +) 0 0 In a x .0 0 1) a) --1 • a) CD 0 H on CT E H 1) U a 0 CT 0 a) 0 -H 0 0 ro 1) u) 0 U) 4 0 4-i CO u) H u) U) - 4 0 0 0) a) U RI E U w a O w 0 X E a 41 4.4 • 41 a) -HI a) 0 4 3 'O 0 a a) a) (a 0 a) (4 0 41 o 0 •0 a) U 41-d U)FC> 0E-'R4 U)O 1 1 1 1 I I 0 1 X w 0 E4-1 -HI H H U m U a H 3 0 w 2 > H .Hi 0 -') I 1 1 1 1 1 1 1 1 >r >r >, >v > >, M a) '-44 0 E S-4 an 0 ro E H H N 41 S1 41 41 4 U X .0 a) O 0 a) W W .-) 0 0 0) 0) 0) 0) 0) 0) 05 05 (0 05 ( 44 0) ( (( - . - 1 Z 0 ( 0 U U 41 (n O N O O X X X X X X X X X 41 41 W 41 41 41 H a N -Hl 0 4-1 a W (11 .0 k.[A 41 H S1 S1 S4 N u N S1AAAAAA 4 1) 0 o1 E 4444 H H E -.i U U ro ro CO ro ro MI it ro ro -.i -ri -HI .HI -HI -HI 0 m E 4-• -Hi 0 - 0 E E x4F44wU1U) aa aaaaaaaaaaaaaaa2 0 Swa D: 0) W 0 E 0 O > E w w -HI 0) CO CD 14 U1 > a) CI) U 4A > 0) (4 0 E a) 41 O A 0 0 0 u l 0 0 0 0 0 0 0 0 U1 0 0 0 0 ) 0 0 0 0 N O O O O U1 O O 01 0 (1) - I O O z 41 O 0 OP U O -i N N M O H M C O rl O O rl N C' ul N r O 01 01 rl N M C' C' N !■ 4- Ti on 0, 0 ri W O 44 (4 ri H rl r4 r0 N N N N M on C' C' C' C' C' C' c' c' C' C c' )n N )n in u1 N Cr) u1 l0 ri r1 E V) M M a) O u) O D b • a) 41 c C O O O O C O O O O O O O O O O O O O O O O O O O O O O O o 0 CD to 0 0 U o o 0 O M c' C' C' C C' C C C' C' C' C' C' C' C' C' C' C' C' C' C' C• C' C' C' C' C' C c' C C C' A M ul u) O 0 (n --1 H 01 01 01 01 on 01 01 01 m M on 01 01 M M M m M m 01 on 01 01 01 01 01 M 01 on on M U 01 M ❑ w on w E H ro N 10 It CO 1D H O N •0 • o o O D 4 O c 4-4 1.0 O H W W E H r1,' H O ❑ M E ❑ 0 2 O W E N E I F W wFC0 a w 41 04 j' ❑ CO a W x 0 KC0 �j OD2 m N E < I U a w w a ' D4 m ❑ E o w w RC 0 ❑ 0 O N 2 ❑ H 2 I W 0 H >+ E CO • Z wry CC) O H H x E w r aw w CD 0 FC 0 ❑ co O 2 O 0 N ErC W I O ✓ w ca r a E O FC 0 2 C7 H ro 7 00000 M O r- 0 E H o (n v' 0 0 0 0 0 M O r O N H O M 0) 1n rn 10 O H OD M r M H O H H N M 0 0 0 0 0 1D 0 0 M 111 Ol M M 0 00000 0 0 0 0 0 0 10 0 H 10 0 r d' 0 O 0 0 O 0 0 11) 0 Cr H 0 N N M CA Cl W '0 Cr N 10 M OD H 0 44 H CS) 1rl O 0 >, a) 1n N O C' H O 0 N r 0 11 H r - O N N >, (a H N U a) 7 O -'i S4 ro 0 a) O 3 0 13 (n 0 r H r In In 0 1n o O co a) H o o H r C' r ■0 M O H 6l N N > (a N O co 40 (V r r 0') M H H 10 H a) N 1n ro 0 'O a) co H N r d' H r 1n ro a) 1-I N N M H N r 5 - H'O r 11 7 404 o x -H m w U 7 -H a) a) O 1n 7 • 0.00.-H 10 M 7 V) H A-) V) 4J M 0 0 0 0 0 0 H 0 0 O H 7 ro • O O O r4 N O M 1D 1D O • H (1) 10 1T 0 • C10 104 0 O O O Ol 1 .0 r- 10 1n 10 O (a 4 H N 0 0 4) a) 0 N N to 0 N 0 -H M N • 04 0 to O r N r 1D C' 7 H 10 1n C' CO 1-1 0 . 1n N C' M • 7 N r • 7 a) H • r Lo ro Sd 1n a) 4 0 4l 0 1n C' O C' a ' - ) U (fl 0 Cr H 7 4-1 H (I) Q,' 0 H m •H • 0 .7 x . 0 7 0 0 ro1n O c H 0 0 0 0 0 0 o 0 0 o O 0 O 10 r 0 O N ul 0 O O O rr7 r M O CO 1n c H O N N N M N M OD H 1D 10 lfl H C' H N 01 01 0 0 0 0 0 0 0 O O O O 0 O l0 r 0 O N 1n 0 O O 0 r M 0 co 141 Cr H O V) N N N N M N 10 H 10 1n U LW H C' H (V r -•4 r > m `_ m ` r p / H M 10011 o 0 m 0l 0 ro 0) 0) V> M Ol LCD H r H 1n 1n 7 10 H 10 C' (V 0) 0 M rl 1n co 0 H 0 N CO) 4 . l0 N N O E H c 0l CO O N M H 1-1 N 1D V) r H o a) 0) 44 4 -'-4 0 ro 7 tia 11 O a E O C• N 7 c 0 -H a) 7 7 H 00 H O H 7 0 O 7 •.0 a) ro N 0• -H w 0 0 7 (n 0 11 x U O +) o V) 0 a) o 'O -H 0 +) a) 0 O 0 H 0 (1) -H 0 H () 7 0, 4-1 a) a) H O O) U -'-1 1- -H (n r-C 0., 0 w -H 0 •• r (0 > •• 0 0 H •• (n a) u — 3 v) • • U >, cn >, u) 7 a) a) O >■ +) 7 • a) 7 a) • 01 a) N +) --1 > 0' 7 +) 7 0 1-1 7 a) Cr) 1 -'4 7 N V) (0 ro ro -H 0 -H • a) Q, • (a U -H - '4 0 71 (4 S a) 11 440+) U H U U FC E >, > 0 0 ro • -H 0 0 ro • N a) 71 0 w (0 (0 (1) • CO U +) 0' 4-4 ro U 0 0 .0 O) m >, O 104 a 4- > 0 ( V 0 - , - 1 E W 0 E 714 s4 14 (0 E m a) .a ro • H m a) H CO 2 0 N (n • -•i 2 0 S4 a) 104 E • 0' 2 W y, a) e . 0 e D 0 0 m 01 0010 0 .4 0 0 -H -H ro H a • . 0 H a ) O 14 OH a) a) • (n 0 0 0 0 • M C H -H 0 11 N 'O ro +) ra S o U O a) 04--d0 E E k ro 0 U ro 1 04 - ' 1 0 x • H - H - H cn 0 1+ a) x • 4-4 U 01 - 4 0 ) 0 a) 5 a -'4 U H a) H 7 U ro 0 +■ a -H 4 41 U S+ S-1 0 r.0 Cr) ro N x4-) - 4 (a 4( (0 4- 0 0 -H a a) 0 a) W 0 0 ro 0 a W 11 -H O N -H a) 0 E y S4 m c n 0 x r . C c n •C ( n w m 0 4 a 0 a o ff g r L m a 4- .0 0) 44 .0 y FC 0 1+E 04 a) E +) 0 U 0. E (0 o 4-) E a) a) N E v 0 4 0 -.4 w a) 0 (0 w 0 -d 7 7 m w Sa E w H 104 E a) 1-I 4J -H 3 a) 11 V) ro a) m(0 4-1 CI) 00roH --4 a) •o CO H (n 0 E E Sa m 0 E 11 4-1 4 .0 w m 0 E (0 O 0000 a) a) o 00 x110 Z -'-1 0 0 +) H 2 4-1 4. m 0 -H O (n 0 1n Z m0 C' 1D r OD - W H N (0 M M 41 04-1 O -H aH W - -H ro 0 r V) U W , 1 104 HHHH 4 E r.0 N 4-1 H E V) (0 V).0 u a) H 0) H E O 10 O D O • a) o • D 7 7 - •i 4J +) J. Q, • 4-4 O • 00 H 0 0 0 0 0 H N O O O O O 0 N O 0 0 M O U 0 71 V) 7 (0 O 0 .1) O U C'HHHHH (0 C'NN N 04 10 N a) C' En 0 7 0 0 0 0 0 M N C' Ell O C' c C' c c m C' C' c 4r v' ❑ E. 0 c R) a' 10 44 4- 0 4 ) U M C' a C' ❑ N H a) Z o N E I H a ❑ m ❑ owes C7 N2❑ H Z I W 0 H Y• E !a F 4, CO O H r W 2 0 ❑ o D 2 0 N EaC Yl U ■l Y' FC 4 E r1 W 2 C7 H ❑ L, Ca O 0 O O 0 O O O a) • H O 0 •• 0 0 a) N O u ro H ET) 5 cn- C - H 0 cn (1) W m 0 • -H .0 to w wa) • ro•H a w a) 0 0 H 0 0 H O •CI H 0 X O O M U U) -n O • FC; w O O C (a 0 n w a) U H c 0 E C r-4 Ca, -H N w 0 a) c N H a) .0 H O w w • a a o a v (ao ❑ -.1 4-) H (n U -.i w 0 0 EC) w C o •H Sd ro H o ro — f:), •• Cl) H ro cn O a) • (n w Sa (n E4-1 • a) o o w U $-1 U C • a) a (.1) 0 a) C m Z 0 .0 0 a) D (1) -•-1 w U •H O -H w H U H ro 3 H a U a U a FC0. C H U 0 C - 0 H - 0 R a) W co a 0 0 w•a Dow a) 0 w m -H -H a) F w 0.0 • 4 - ) 0 H W U 0 0 E a) w'C.2N • D a C C w. O U (n 0 C - -1 H 0 O C U Ga 3 0 ❑ 0 N N O o O in- 0 o 0 w o V C N N 0 0 N H a C C 0 0' 0 w 'O C a) 0 w r cc; m 0 M a) a) 0 C O -H 0 .0 a U E ro H E O O O o )n M .0 a) a) M O O O O N N O c 0 C O '0 (0 N r-1 N O 0 EH -d O •-1 O • 0 M n 0 CO d' O r r M v' 0 N c • a) n w )n � H � H a H • 0 U) O c o c H H O •-•1 • 0 L o 0 yr o o H C V H 0 C )n .. tn >1 • w 0 • V •r1 •U W • Sa a • 0 w • 4 w F > H o Zw Sa 2 D C a) 0 > 0 a) C 0 o U E -•-1 U U U (1) .0 U a 4 > U 0 H R'. S4 E Ri H 0 a 0 ro w E w H -1 a E E al 0 2 O )n Z U N W 0 N W H E o H Z o • O . O N o U N O U c r 0 H r 0 c ❑ yr c ❑ r H 0 LO N O cn c N O O o .0 )n )n N N N 0 0 0 CO CO CO H H .-1 O 0 O ..r> ,r) 47 N N N r r r c c c H H H r r H M M M C 00' 00' M M M H H H 0 0 0 n N H --I •-•1 _-1 H to N )n H H H O O O N N N )2) (0 O O O 0 a) a) M M M 0 •t' O O O O O O k" 0 41 N O m L 0 N c H C- H M c M O ' -1 ,-1 u) H O r c a) M 00' H KODIAK ISLAND BOROUGH AGENDA STATEMENT JUNE 19, 2008 REGULAR MEETING ITEM NO: 13.A.2 TITLE: Contract No. FY2008 -26A Amending Contract No. FY2008 -26 Agreement Between the Kodiak Island Borough and Jensen, Yorba, Lott Inc. for the Apparatus Garage Addition to the Existing Bayside Fire Hall. SUMMARY: Fire Protection Area No. 1 requested the that Borough procure an architectural firm to design an addition to the existing facility to house newly acquired equipment and provide for other identified needs. An RFP was issued and the ARB selected RIM Architects as the first choice and Jensen Yorba Lott as the second choice. KIB entered into an agreement with RIM Architects to provide a program document and an estimate for construction costs. RIM's first deliverable exceeded the available budget by a considerable amount. RIM's second try resulted in project cost estimates unsatisfactory to the FPA #1 Board of Directors. The Board requested staff to negotiate a services agreement with the second choice, Jensen Yorba Lott. In accordance with KIB Code 3.16.110 Competitive Sealed Proposals, Negotiations with Jensen Yorba Lott resulted in a contract not to exceed $5,000.00 to provide schematic, architectural and design services including updated cost estimates. This work has been satisfactorily completed and the Architect has proposed contract amendment to provide the additional architectural services required to bring the project through the bidding and construction phases in an amount not to exceed $125,929.00. FPA #1 has approved this amendment to the contract. FISCAL NOTES: Account No.: 410 - 684 - 452 - 110 -174 -1 Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to authorize the manager to execute Contract No. FY2006- 26A an amendment to Contract No. FY2008 -26 with Jensen Yorba Lott, Inc. of Juneau, Alaska in the amount not to exceed $125,929.00 for the period of present to 12/31/2008. JENSEN YORBA LOTT, Inc. DESIGN SERVICES PROPOSAL SUMMARY Project: SERVICES FEE TYPE EXPENSES TOTA Pre - Design Site Analysis Schematic Design Design Development Construction Documents Bidding and Negotiations Construction Administration Construction Observations Reimbursable Expenses: Travel: three trips at $1,2( Printing Phone Courier Misc 0715fees.xls -SUM Bayside Fire Station Aparatus Bay Addition $0 Lump sum $0 Lump sum $15,604 Lump sum $0 Lump sum $90,519 Lump sum $7,806 Lump sum $0 Time /Expense $0 Time /Expense $6,000 Time /Expense $3,600 $1,000 $100 $250 $1,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $15,604 $0 $90,519 $7,806 $0 $0 $6,000 TOTAL $1 19,929 5/1/2008 Memo To: Rick Gifford, Borough Manager From: Mike Dolph, Board Chair CC: Date: June 9, 2008 Re: Board action on financial matters Mr. Gifford This memo is to advise you that — during business at a regular meeting of Fire Protection Area No. 1 Board held on Tuesday, May 20, 2008: Fire Protection Area #1 • A MOTION was made by Board Member Greg Spalinger to approve the Change Order submitted by Jensen Yorba Lott, Inc. with the adjusted contract to equal $ 130,929. There was a second to the motion, and opportunity for discussion. • Action was taken on the motion by a roll -call vote of the board; the MOTION PASSED unanimously. If you have any questions concerning this action, please feel free to contact me. FIRE PROTECTION AREA #1 20- May -2008 REGULAR MEETING [CHAIR'S REPORT] Background for action item on tonight's meeting agenda: At our Special Meeting of May 6, 2008, the board passed a motion to contract with Tony Yorba of Jensen Yorba Lott for A &E Work: Not To Exceed $120K. More recently, we received a Contract Change Order (included in your packet). Here's my analysis of the numbers: 1) The Design Services Proposal considered at last meeting ($119, 929) did not factor in the $5K already approved on the original start- up contract; Approved Motion on 2 -4 -08 Special Meeting. 2) The same proposal document allowed for $6K for reimbursable expenses. 3) The present "contract change order" document a) adds the initial $5K to the total costs, and b) increases the reimbursable fees by $6K SUMMARY: Approved at 5 -6 -08 Special Mtg $ 119,929 (not to exceed $120K) Added cost for reimb. Expenses $ 6,000 Extended contract with change: $ 125,929 PLUS Previously approved on 2 -4 -08 Special Mtg. $5,000 Total Cost of Adjusted Contract Proposal: $ 130, 929 The confusing factor is the $5K that we've already approved for "start -up costs." Action for the Board in tonight's regular meeting will require consideration of the adjusted A &E contract. The Chair suggests action of APPROVAL of the ADJUSTED CONTRACT: not to exceed $131,000. Mike Dolph, Chair Init. AIA Document B151TM -1997 eviated Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the Twentieth day of February in the year Two Thousand Eight (in words, indicate day, month and year) BETWEEN the Architect's client identified as the Owner: (Name, addeiss'and other: information) ' Kodiak Island Borough; Municipality . Kodiak Island Borough 710 MillBay Road •Kodiak,aska,99615 ' attl the . (Name, address and other information) Jensen Y i ba l Fitt, 522.'W loth 5t:'' felephoiie Number 407 586 1070 al Corporation F or the fo Proj tt , (Inelude detaileikileiciipt on of Project) IKodiak Fire Hal Addition • 4606 E. Rezanof Drtve, ;99615 Apparatus Garage Addition to the, existing fire hall The Owner and Architect agree as follows. C:0 nOra e 1_ (0.‘e 240 0200 ADDITIONS AND DELETIONS: The author of this document has added Information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added Information as well as revisions to the standard form text Is available from the author and should be reviewed. A vertical line in the left margin of this document Indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document B151 TM —1997. Copyright ® 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:55:44 on 02/21/2008 under Order No.1000308777_1 which expires on 6/25/2008, and is not for resale. User Notes: (3802875521) ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Articles 2, 3 and 12. § 1.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds. This schedule shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities 'having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. § 1.3 The Architect shall designate a representative authorized to act on behalf of the Architect with respect to the Project. § 1.4 The services covered by this Agreement are subject to the time limitations contained in Section 11.5.1. ARTICLE 2 . SCOPE OF ARCHITECT'S BASIC SERVICES § 2.1 DEFINITION The Architect's Basic Services consist of those described in Sections 2.2 through 2.6 and any other services :identified hi Article 12'as part of Basic Services, and include normal structural, mechanical and electrical • engineering services. 2.2 SCHEMATIC' DESIGIl PHASE ?§ 2.2.1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. § 2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program, schedule and construction badge, requirements each in terms of the other, subject to the limitations set forth in Section 5.2.1. § ..2 2 3.The Architect shall review with the Owner alternative approaches to design and construction of the Project. § 2.2.4 Based on the mutually agreed upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. § 2.2.5 The Architect shall submit to the Owner a preliminary estimate of Construction Cost based on current area, volume or similar conceptual estimating techniques. § 2.3 DESIGN DEVELOPMENT PHASE § 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the ro schedule gram, edule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. § 2.3.2 The Architect, shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost. § 2.4 CONSTRUCTION DOCUMENTS PHASE § 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. § 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agreement between the Owner and Contractor. Init. AIA Document 0151 - 1997. Copyright 0 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright taw and International Treaties, Unauthorized reproduction or distribution of this AIA Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document / was produced by AIA software at 09:55:44 on 02/21/2008 under Order No.1000308777_1 which expires on 6/25/2008, and is not for resale. User Notes: (3602875521) § 2.6.3 Duties, responsibilities and limitations of authority of the Architect under this Section 2.6 shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the 'Contractor, which consent will not be unreasonably withheld. § 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner during the administration of the Contract for Construction. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written amendment. § 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. §,2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 2.5 BIDDING OR NEGOTIATION PHASE The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. § 2.6 CONSTRUCTION PHASE— ADMINISTRATION OF THE CONSTRUCTION CONTRACT § 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement comrnences with the award of the initial Contract for Construction and terminates at the earlier of the issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work. § 2.6.2 The Architect shall provide administration of the Contract for Construction as set forth below and in the edition of ATA Document .A201, General Conditions of the Contract for Construction, current as of the date of this Agreement, unless otherwise provided in this Agreement. Modifications made to the General Conditions, when adopted as part of the Contract Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved in writing by the Architect. § 2.6.5 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect in Article 12, (1) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work .completed,. (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect shall neither have control over or charge of, nor be responsible :for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. § 2.6.6 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. § 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress. § 2.6.8 Except as otherwise provided in this Agreement or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. Init. AIA Document 111151 T M - 1997. Copyright ® 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the lew. This document was produced by AIA software at 09:55:44 on 02/21/2008 under Order No.1000308777_1 which expires on 6/25/2008, and is not for resale. User Notes: (3602675521) § 2.6.9 CERTIFICATES FOR PAYMENT § 2.6.9.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts, Init. § 2.6.9.2 The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 2.6.5 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. § 2.6.9.3 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous' on -site inspections to check the quality or quantity of the Work, (2) reviewed construction weans, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and'material and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 2.6.10 The Architect shall have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect' considers it necessary or advisable, the Architect shall have authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is ,.fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. § 2.6.11 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect,_ of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 2.6.12 If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate performance and design criteria that such services must - satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. § 2.6.13 The Architect shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Architect as provided in Sections 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. § 2.6.14 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the AIA Document B151TM - 1997. Copyright © 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Lew and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion : -and- will-be- prosecuted-to -the- maximum was produced by AIA software at 09:55:44 on 02/21/2008 under Order No.1000308777_1 which expires on 6/25/2008, and is not for resale. User Notes: (3602675521) Init. Contractor, and shall issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. § 2.6.15 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in l good faith. § 2.6.17 The Architect shall render initial decisions on claims, disputes or other matters in question between the Owner and Contractor as provided in the Contract Documents. However, the Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 2.6.18 The Architect's decisions on claims, disputes or other matters in question between the Owner and Contractor, except for those relating to aesthetic effect as provided in Section 2.6.17, shall be subject to mediation and arbitration as providedin this Agreement and in the Contract Documents. ARTICLE3 'ADDITIONAL SERVICES §3.1 GENERAL § 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 12, . and they be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The services described under Sections 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If. services described under Contingent Additional Services in Section 3.3 are required due to circumstances beyond the Architect's control, the Architect shall notify the Owner prior to commencing such services. If the Owner: deems that such services described under Section 3.3 are not required, the Owner shall give prompt written notice to the Architect. If the Owner indicates in writing that all or part of such Contingent Additional Services are notrequired, the Architect shall have no obligation to provide those services. .,§ 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES § 3.2.1 If more extensive representation at the site than is described in Section 2.6.5 is required, the Architect shall provide one or more Project Representatives to assist in carrying out such additional on -site responsibilities. § 3.2.2'Project Representatives shall`be selected, employed and directed by the Architect, and the Architect shall be :compensated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall be as described in the edition of AIA Document B352 current as of the date of this Agreement, unless otherwise agreed. § 3.2.3 Through the presence at the site of such Project Representatives, the Architect shall endeavor to provide further protection for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in this Agreement. § 3.3 CONTINGENT ADDITIONAL SERVICES § 3.3.1 Making revisions in drawings, specifications or other documents when such revisions are: 1 inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or due to changes required as a result of the Owner's failure to render decisions in a timely manner. AIA Document B151TM —1997. Copyright ® 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:55:44 on 02/21/2008 under Order No.1000308777_1 which expires on 6/25/2008, and is not for resale. User Notes: (3802675521) Init. 1 § 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, the Owner's schedule, or the method of bidding or negotiating and contracting for construction, except for services required under Section 5.23. § 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Change Directives. § 3.3.4 Providing services in connection with evaluating substitutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom. § 3.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such Work. § 3.3.6 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. § 3.3.7 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the Work. § 3.3.8 Providing services in connection with a public hearing, a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto. § 3.3.9 Preparing documents for alternate, separate or sequential bids or providing services in connection with bidding, negotiation or construction prior to the completion of the Construction Documents Phase. § 3.4 OPTIONAL ADDITIONAL SERVICES § 3.4.1 Providing analyses of °the Owner's needs and programming the requirements of the Project. § 33.4.2 Providing financial feasibility or other special studies. § 3 4.3 Providing planning surveys, site evaluations or comparative studies of prospective sites. § 3.4.4 Providing special surveys, environmental studies and submissions required for approvals of governmental 4. autho or others having jurisdiction over the Project. § 3.4.5 Providing services relative to future facilities, systems and equipment. §'3.4.6 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. § 3.4.7 Providing service to verify the accuracy of drawings or other information furnished by the Owner. § 3.4.8 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner, § 3.4.9 Providing services in connection with the work of a construction manager or separate consultants retained by the Owner. § 3.4.10 Providing detailed estimates of Construction Cost. §:3,4.11 Providing detailed quantity surveys or inventories of material, equipment and labor. § 3A.12 Providing analyses of owning and operating costs. § 3.4.13 Providing interior design and other similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. AIA Document B151" —1997. Copyright ® 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Lew and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extant possible under the law. This document was produced by AIA software at 09:55:44 on 02/21/2008 under Order No. 1000308777_1 which expires on 6/25/2008, and is not for resale. User Notes: (3602675521) Init. § 3.4.14 Providing services for planning tenant or rental spaces. § 3.4.15 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. § 3.4.16 Preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked -up prints, drawings and other data furnished by the Contractor to the Architect. § 3.4.17 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of •operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. ‘§ 3.4.18 Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Certificate for Payment, more than 60 days after the date of Substantial Completion of the Work. § 3.4.19 Providing services of consultants for other than architectural, structural, mechanical and electrical engineering portions of the Project provided as a part of Basic Services. § 3.4.20' Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. ARTICLE 4 OWNER'S'RESPONSIBILITIES §'41 The Owner shall'provide'full information in a timely manner regarding requirements for and limitations on the Project, including a' written' program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. The.Ownei shall' furnish to the Architect, within 15 days after receipt of a written request, information necessary and relevant' for the Architect to evaluate, give notice of or enforce lien rights. § 4.2 The Owner shall establish and periodically update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. § 4.3 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such designated representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services, § 4.4 The Owner shall furnish surveys to describe physical characteristics , legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 4.5 The Owner shall furnish the services of geotechnical engineers when such services are requested by the Architect. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation, tests, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. § 4.6 The Owner shall furnish the services of consultants other than those designated in Section 4.5 when such services are requested by the Architect and are reasonably required by the scope of the Project. § 4.7 The Owner shall furnish structural, mechanical, and chemical tests; tests for air and water pollution; tests for hazardous materials; and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. AIA Document B151 —1997. Copyright ® 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law end International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:55:44 on 02/21/2008 under Order No.1000308777_1 which expires on 6/25/2008, and is not for resale. User Notes: (3602675521) Init. § 4.B The Owner shall furnish all legal, accounting and insurance services that may be necessary at any time for the Project to meet the Owner's needs and interests. Such services shall include auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. § 4.9 The services, information, surveys and reports required by Sections 4.4 through 4.8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof § 4.10 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service. ARTICLE 5 CONSTRUCTION COST § 5.1 DEFINITION § 5.1.1 The Construction Cost shall be the total cost or, to the extent the Project is not completed, the estimated cost to the Owner of all elements of the Project designed or specified by the Architect. § 51.2 The. Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work. § 5.1.3 Construction Cost does not include the compensation of the Architect and the Architect's consultants, the costs of the land, rights -of -way and financing or other costs that are the responsibility of the Owner as provided in Article 4. § 5.2 RESPONSIBILITY FOR CONSTRUCTION COST § 5.2.1. Evaluations of the Owner's Project budget, the preliminary estimate of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's judgment as a design professional familiar- with the construction industry. It is recognized, however, that neither the Architect nor the Owner' has control over, the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. § 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in. the Contract Documents alternate bids as may be necessary to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. § 5.2.3 If the Bidding, or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry. § 5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Section 5.2.3) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time .3 terminate in accordance with Section 8.5; or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. § 5.2.5 If the Owner chooses to proceed under Section 5.2.4.4, the Architect, without additional compensation, shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the AIA Document B151 —1997. Copyright ® 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of ft, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:55:44 on 02/212008 under Order No.1000308777_1 which expires on 6/25/2008, and is not for resale. User Notes: (3602675521) Init fixed limit, if established as a condition of this Agreement. The modification of such documents without cost to the Owner shall be the limit of the Architect's responsibility under this Section 5.2.5. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECT'S INSTRUMENTS OF SERVICE § 6.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the : Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license. Uponisuch termination, the Owner shall refrain from making further reproductions of Instruments of Service and shall return to the Architect within seven days of termination all originals and reproductions in the Owner's possession or control. If and upon the date the Architect is adjudged in default of this Agreement, the foregoing license shall be.deemedterminated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly:credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project. § 6.3 Except for the licenses:granted in Section 6.2, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to:anotherpartywithout the prior written agreement of the Architect. However, the Owner shall be 'permitted autlorize.the Contractor, Subcontractors, Sub - subcontractors and material or equipment suppliers to reproduce. applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in` Section 6.2. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the' reserved, rights of the Architect and the Architect's consultants. The Owner shall not use the In of Service for future additions or alterations to this Project or for other projects, unless the Owner obtains the prior written agreement of the Architect and the Architect's consultants. Any unauthorized use of the "Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. § 6.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing to the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the Architect shall by separate written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations or licenses not otherwise provided in this Agreement: ARTICLE 7 DISPUTE RESOLUTION § 7.1 MEDIATION § Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by arbitration. §- 7.1.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in AIA Document 13151w —1997. Copyright ®1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:55:44 on 02/21/2008 under Order No.1000308777_1 which expires on 8/25/2008, and is not for resale. User Notes: (3802875521) advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. § 71,3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where t he Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. Init. § 7/ ARBITRATION § 7.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes by mediation in accordance with Section 7.1. § 7.2.2 Claims, disputes and other matters in question between the parties that are not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction lndustry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. § 7.2.3 A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. § 7.2.4 No arbitration arising out of or relating to this Agreement shall include, by consolidation or joinder or in any other manner, an additional person or entity not a party to this Agreement, except by written consent containing a specific reference to this Agreement and signed by the Owner, Architect, and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute'or other` matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. `§ 7.2.5 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 7.3 CLAIMS FO R CONSEQUENTIAL DAMAGES The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement.' This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 8. ARTICLE 8 TERMINATION OR SUSPENSION § 8.1 If the Ownerfails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, prior to suspension of services, the Architect shall give seven days' written notice to the Owner. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days, the Architect may terminate this Agreement by giving not less than seven days' written notice. AIA Document 8151 nn —1997. Copyright ®1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any 10 portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the taw. This document was produced by AIA software at 09:55:44 on 02/21/2008 under Order No.1000308777_1 which expires on 6/25/2008, and Is not for resale. User Notes: (3602675521) § 8.4 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for. the Owner's convenience and without cause, § L6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 8.7. § 8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. ARTICLE 9 = MISCELLANEOUS "PROVISIONS § 9.1 This Agreement shall be governed by the law of the principal place of business of the Architect, unless otherwise provided in Article 12. § 9.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. § 9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certilicate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence to run any later than the date when the Architect's services are substantially completed. § 9.4 To the extent damages are covered by property insurance during construction, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. § 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to an institutional lender providing .financing for the Project. Insuch event, the lender shall assume the Owner's rights and obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such assignment. § 9.6 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect, Init. § 9.7 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 9.8 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. AIA Document 8151TM —1997. Copyright ® 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved, WARNING: This AIA' Document is protected by U.B. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any 11 portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:55:44 on 02/21/2008 under Order No.1000308777_1 which expires on 6/25/2008, and is not for resale. User Notes: (3602675521) Init. § 9.9 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. § 9.10 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. ARTICLE 10 PAYMENTS TO THE ARCHITECT § 10.1 DIRECT PERSONNEL EXPENSE Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. § 10.2 REIMBURSABLE EXPENSES § 10.2.1 Reimbursable: Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified m the following Clauses: .1 transportation in connection with the Project, authorized out -of -town travel and subsistence, and electronic communications; fees paid for securing approval of authorities having jurisdiction over the Project; reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; expense of, overtime work requiring higher than regular rates if authorized in advance by the Owner; renderings, models and mock -ups requested by the Owner; expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; reimbursable expenses as designated in Article 12; other similar direct Project- related expenditures. § 10.3 PAYMENTS ON ACCOUNT: OF BASIC SERVICES § 10.3.1 An initial payment as set forth in Section 11.1 is the minimum payment under this Agreement. 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Section 11.2.2. § 10.3.3 If and to the extent that the time initially established in Section 11.5.1 of this Agreement is exceeded or extended through no fault of the Architect, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Section 11.3.2. § 10.3.4 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 11.2.2, based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. § 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. AIA Document 8151" — 1997. Copyright ®1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:55:44 on 02/21/2008 under Order No.1000308777_1 which expires on 6/25/2008, and Is not tor resale. User Notes: (3602875521) § 10..6 ARCHITECT'S ACCOUNTING RECORDS Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: § 11.1 An Initial Payment of ($ ) shall be made upon execution of this Agreement and credited to the Owner's account at final payment. § 11.2 BASIC COMPENSATION .; § 11.2.1 For Basic Services, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: (Insert basis of compensation, including stipulated sums, multiples or percentages, and identify phases to which particular methods of compensation apply, if necessary.) Init. § 10.5 PAYMENTS WITHHELD No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable. Hourly compensation based on the attached memorandum of understanding between Ken Smith and Tony Yorba dated February 9, 2008 for preliminary design services not to exceed $5,000 without prior authorization. Additional services to be negotiated as the scope of work is established § 11 2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (Insert additional phases as appropriate.) Schematic Design Phase: percent ( %) Design Development Phase:, percent ( %) Construction Documents Phase: percent ( %) Bidding or Negotiation Phase: percent ( %) Construction Phase: percent ( %) Total Basic Compensation one hundred percent ( 100.00 %) § 11.3 COMPENSATION. FOR ADDITIONAL SERVICES § 11.3.1 For Project Representation Beyond Basic Services, as described in Section 3.2, compensation shall be computed as follows: as negotiated § 11.3.2 For ' Additional Services of the Architect, as described in Articles 3 and 12, other than (1) Additional Project Representation, as described in Section 3.2, and (2) services included in Article 12 as part of Basic Services, but excluding services of consultants, compensation shall be computed as follows: (Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required. Identify specific services to which particular methods of compensation apply, if necessary.) § 11.3.3 For Additional Services of Consultants, including additional structural, mechanical and electrical engineering services and those provided under Section 3.4.19 or identified in Article 12 as part of Additional Services, a multiple of One and one -tenth ( 1.10 ) times the amounts billed to the Architect for such services. (Identify specific types of consultants in Article 12, if required.) AIA Document 8151Th —1997. Copyright ® 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law end International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any 13 portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:55:44 on 02/21/2008 under Order No.1000308777 1 which expires on 6/25/2008, and is not for resale. User Notes: (3602675521) as negotiated (Signature). ; Rick Gifford, KIB Manager, (Printed name and title)` Init. § 11.4 REIMBURSABLE EXPENSES For Reimbursable Expenses, as described in Section 10.2, and any other items included in Article 12 as Reimbursable Expenses, a multiple of One and one -tenth ( 1.10 ) times the expenses incurred by the Architect, the Architect's employees and consultants directly related to the Project. § 11.5 ADDITIONAL PROVISIONS § 11.5.1 If the Basic Services covered by this Agreement have not been completed within Twelve ( 12 ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Sections 10.3.3 and 11.3.2. § 11.5.2 Payments are due and payable Thirty ( 30 ) days from the date of the Architect's invoice. Amounts unpaid Ninety ( 90. ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of interest agreed upon.) 9.00% per annum (Usury laws and requirements' under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validiry!.of this provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) § 1.1.5.3 The rates and multtples set forth for Additional Services shall be adjusted in accordance with the normal salary review practices Of the: Architect. • . ARTICLE '12 OTHER CONDITIONS OR SERVICES -(Insert descriptions of other services, identify Additional Services included within Basic Compensation and modifications to the payment and compensation terms included in this Agreement.) This Agreement entered into as of the day and year first written above. CHITE Tony b:, o . Sec (Printed name and title) AIA Document B151T"' —1997. Copyright ®1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of It, may result in severe civil end criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 09:55:44 on 02/21/2008 under Order No.1000308777_1 which expires on 6/25/2008, and is not tor resale. User Notes: (3602675521) Jensen Yorba Lott Celebrating 70 years of Service to Alaska 1935 -2005 Date: February 9, 2007 To: Ken Smith From: Tony Yorba RE: Kodiak Bayside Fire Hall Addition CC: ARCHITECTURE • INTERIOR DESIGN • LANDSCAPE ARCHITECTURE 522 WEST 10TH SIRZEET JUNEAU, ALASKA 99801 (907) 586 -1070 FAX (907) 586 -3959 www.jensenyorbalott.com MEMORANDUM Thanks for meeting with us Thursday, Feb 8, 2007 to discuss your plans for the new fire hall addition, and for inviting us to provide this design services proposal. From our discussions, we understand that you would like to add an approximately 80' x 100' addition to the existing fire hall to house four fire apparatus, including two new ones to be delivered in the fall. The following are elements of the design that we discussed: 1. The new addition is to be a pre engineered metal building, with pre- finished insulated metal sandwich panels (3" walls, 4" roof). Eave height is to be 18', no overhangs, and a 2:12 sloped roof. You would like a cost comparison to use 4" wall and 5" roof panels. We will also investigate PVC clad roof panels in lieu of metal finished roof panels. 2. The pre - engineered frames, purlins and girts are to be galvanized. 3. The frames will be arranged in four- 20' bays, allowing vehicles to drive through the building. This will require portal frames (no cross bracing between frames). End wall bays shall be moment frames with wind - columns, to allow for future expansion of the building. 4. The foundation will be conventional slab on grade, with concrete footers and stem walls, pilasters at frames and wind columns, and either grade beam or tie rod to prevent the bases of the frames from splaying. 5. The garage floors will slope to trench drains located in the middle of the bays. The trench drains will discharge to an oil -water separator before connecting to the public storm water system. Trench drains will be modular units with high capacity cast iron or similar ferrous metal grates. 6. A mezzanine will be designed for use as a future exercise room. 7. Due to the sloping site, it is assumed that the new addition will on a lower level than the existing building. The step will occur between the new and existing building. They will be seismically separated. 8. Building will be designed to the 2003 IBC, including seismic criteria. Design loads will include 50 pound snow load, 120 mph exposure D wind load and 250 pound mezzanine dead load. The building will be categorized as an essential building, so seismic loading will be increased accordingly. The building will be sprinkled. The design services required to accomplish the above will initially include architectural, structural and electrical design. Mechanical design will be part of a follow on contract. We will provide a design -build foundation, whereby we would provide the design criteria for the foundation as well as a configuration, with detailed design provided by the contractor. We propose to include the services of RSA Inc for mechanical and electrical design, and PND Juneau for the structural design. Cost estimating services will be provided by our offices- we do not intend at this time to provide the services of a separate construction cost estimating consultant. Such services could be procured on a separate contract if desired. We propose to provide the initial design services on a time and materials basis at our current 2007 rates. We understand that services are to include reviews with your ARB and the Bayside Fire Service Board in Kodiak at 35 %, 65% and 95% complete design phases. We will also assist you in preparing the final 100% bid packages. To assist us, we understand that you will be providing a survey of the site, as well as as -built information for the existing fire hall. We understand that the site is essentially bedrock, so no soils investigation is proposed. We will proceed with design as soon as you give us the notice to proceed. We understand that you would like to have the facility available when you take delivery of the new vehicles. One of our first steps will be to contact the metal building manufacturer and determine what the likely delivery time will be for the metal building package. We understand that there is a Garco dealer in Kodiak as well as the expertise to erect the building and panel system. That will certainly aid you in achieving your desired schedule. We appreciate this opportunity to be of service, and look forward to helping you achieve this long planned facility. Let us know if you have any questions on this proposal or would like to discuss it further with us. C: \Documents and Settings \d600\Tony's Documents\kodiak fire station addition\proposal 1.doc ARCHITECTURE • INTERIOR DESIGN •LANDSCAPE ARCHITECTURE 522 WEST 10TH STREET JUNEAU, ALASKA 99801 (907) 586 -1070 FAX (907) 586 -3959 www.jensenyorbalott.com Jensen MIN Yorba •IR Lott KIM Inc ORM Architecture Interiors Landscape Architecture 1935 Founded as Ii.B. 1•os Compam 1945 Fos; cSr Malt:Ohn 1949 Vos, S Olsen '1956 nIsr•n & Sind 1969 Sand, & Ackle■ 1974 Ackley es Associates, 1979 Aci.it y L'nsen Arch ite L . Inc. 1985 Jensen ttouglac Architects, Inc. 1997 10) Yorba 1.ctL ln&. 522 WV. t$ ltIth Street Juneau, AI.I:ka 99I111 907.51 6,11 Fin 907,586,3959 iensent•orbaintt.com Jensen Yorba Lott, Inc. 522 West 10th St Juneau, AK 99801 2007 COMPENSATION SCHEDULE Standard Hourly Rates Classification Rate /hour Principal/Project Manager $130 Architect III $100 Architect I1 $95 Architect I $90 Intern /Designer III $90 Intern/Designer 1I $80 Intern /Designer I $70 Landscape Architect III $100 Landscape Architect 1I $95 Landscape Architect 1 $90 Interior Designer /Space Planner 1II $100 Interior Designer /Space Planner II $95 Interior Designer /Space Planner I $90 Production Manager $90 Construction Manager 11 $90 Construction Manager 1 $80 Drafter II $70 Drafter I $60 Administrative Assistant $70 Clerical Assistant $35 Subconsultants billed at standard rate times 1,10 multiple. TITLE: Contract No. FY2008 -41 Architectural and Engineering Services for the Kodiak Community Health Center Addition and Renovations at the Providence Kodiak Island Medical Center. SUMMARY: A contract was entered into with Prochaska & Associates, Inc., Providence Kodiak Island Medical Center and K.I.B. for phase V of this project in January 2007 to complete the design and development/construction document phase of this project. Phase V has been completed. The Architect presented an estimate for phase VI of this project. Bidding and negotiation /construction administration as follows: • An amount not to exceed $164,270.00 for construction procurement and contract administration. • An amount not to exceed $ 29,180.00 for increased scope items. • An amount not to exceed $ 9,025.00 for record drawings. • These fees are inclusive of reimbursable expenses incurred in the interest of the project except the cost of printing document for bidding which is considered reimbursable or will be paid directly by K.I.B. The E.F. department has reviewed the cost estimates and recommends approval of this contract in a total amount not to exceed $202,475.00 FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT JUNE 19, 2008 REGULAR MEETING ITEM NO: 13.A.3 RECOMMENDED MOTION: Move to authorize the manager to execute Contract No. FY2008 -41 Architectural and Engineering Services for the Kodiak Community Health Center Addition and Renovations at the Providence Kodiak Island Medical Center with Prochaska and Associates of Omaha, Nebraska in the amount not to exceed $202,475 for the period of May 2008 to June 2009. Init. AI® Document B141" —1997 Part 1 Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services TABLE OF ARTICLES 1.1 INITIAL INFORMATION 1.2 RESPONSIBILITIES OF THE PARTIES 1.3 TERMS AND CONDITIONS 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.5 COMPENSATION AGREEMENT made as of the /6 ' day of May in the year Two Thousand Eight (In words, indicate day, month and year) BETWEEN the Architect's client identified as the Owner: (Name, address and other information) Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 -6398 and the Architect: (Name, address and other information) Prochaska & Associates 11317 Chicago Circle Omaha, Nebraska 68154 -2633 For the following Project: (Include detailed description of Project) Phase 6 Architectural Services (Construction Procurement and Contract Administration) for the construction of a Community Health Clinic addition to, and the partial renovation of. Providence Kodiak Island Medical Center, located at 1915 E Rezanof Drive in Kodiak, Alaska. The Agency is: (Name, address and other information) United States Department of Agriculture Rural Development (USDA RD) Alaska Service Center 800 W. Evergreen, Suite 201 Palmer, Alaska 99654 The Owner and Architect agree as follows: Thls document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document 8141 — 1997 part 1. Copyright ® 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:35:38 on 05/12/2008 under Order No.1000330318_I which expires on 11/20/2008, and is not for resale. User ser Notes: 1 e Init. ARTICLE 1.1 INITIAL INFORMATION § 1.1.1 This Agreement is based on the following information and assumptions. (Note the disposition for the following items by inserting the requested information or a statement such as "not applicable," "unknown at time of execution" or "to be determined later by mutual agreement.") § 1.1.2 PROJECT PARAMETERS § 1.1.2.1 The objective or use is: (Identify or describe, if appropriate, proposed use or goals.) The construction of a new Kodiak Community Health Center (KCHC) clinic. which will allow the current KCHC facility located in the Providence Kodiak Island Medical Center ( PKIMC) to better Provide services to its patients in a larger facility and, jointly with the PKIMC. better serve the community of Kodiak and the rest of its service area. § 1.1.2.2 The physical parameters are: (Identify or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports about the site.) A one story addition totaling about 6,520 gross square feet (GSF)_plus about 1.440 GSF of renovated space~ in the adjacent PKIMC facility located at 1915 E Rezanof Drive in Kodiak, Alaska, plus associated sitework, including parking, drives. walks and retaining walls. § 1.1.2.3 The Owner's Program is: (Identify documentation or state the manner in which the program will be developed.) Jllustrated in the Phase 4 Schematic Design plan developed by Prochaska & Associates. dated and presented on 10/26/2006 § 1.1.2.4 The legal parameters are: (Identify pertinent legal information, including, if appropriate, land surveys and legal descriptions and restrictions of the site.) Illustrated in a land survey by Horizon Land Surveying, Inc.. Kodiak.. AK, dated March 25.2002 and updated May 31 2007. § 1.1.2.5 The financial parameters are as follows. .1 Amount of the Owner's overall budget for the Project, including the Architect's compensation, is: Not applicable .2 Amount of the Owner's budget for the Cost of the Work, excluding the Architect's compensation, is: $4,914,060. per the accepted Base Bid and Bid Alternates total as stated in the April 7. 2008 Notice of Award. § 1.1.2.6 The time parameters are: (Identify, if appropriate, milestone dates, durations or fast track scheduling.) Bidding: October 16, 2007 and March 19. 2008 Substantial Completion April 2009 § 1.1.2.7 The proposed procurement or delivery method for the Project is: (Identify method such as competitive bid, negotiated contract, or construction management.) Competitive bid § 1.1.2.8 Other parameters are: (Identify special characteristics or needs of the Project such as energy, environmental or historic preservation requirements.) Not applicable AIA Document 8141 TM — 1997 Part 1. Copyright ® 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1983, 1968, 1987, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright taw and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:3538 on 05/12/2008 under Order No.1000330318_1 which expires on 11/20/2008, and is not for resale. User Notes: (726483735) Init. § 1.1.3 PROJECT TEAM § 1.1.3.1 The Owner's Designated Representative is: (List name, address and other information.) Woody Koning, Engineering & Facilities Director Ken Smith Protect Man a2er/Yncnector Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 -6398 § 1.1.3.2 The persons or entities, in addition to the Owner's Designated Representative, who are required to review the Architect's submittals to the Owner are: (List name, address and other information.) Jimmy Ng, Director of Community Affairs & Foundation Providence Kodiak Island Medical Center 1915 E Rezanof Drive Kodiak. Alaska 99615 City of Kodiak (Building Permit) Alaska State Fire Marshal § 1.1.3.3 The Owner's other consultants and contractors are: (List discipline and, {f known, identify them by name and address.) Geotechnical Engineering (soil borings) Dowl Engineers 4041 B Street Anchorage. Alaska 99503 § 1.1.3.4 The Architect's Designated Representative is: (List name, address and other information.) Steve Riley, Executive VP/Pr 1ect Principal Jim Classe. VP of Design/Project Architect Curt Field, Project Architect/Project Manager 11317 Chicago Circle Omaha, Nebraska 68154 -2633 § 1.1.3.5 The consultants retained at the Architect's expense are: (List discipline and, if known, identify them by name and address.) Civil Engineering: Olmsted & Perry 10730 Pacific Street Suite 223 Omaha, Nebraska 68114 § 1.1.4 Other important initial information is: Not applicable Civil Engineering (Alaska): R. Scott Bonney, P.E. P.O. Box 5524 Chiniak, Alaska 99615 Tim Krug, Architect USDA/Rural Development Alaska Service Center Palmer. Alaska 99654 Structural Engineering (Alaska): KPFF Consulting Engineers 111 SW 5 Avenue Suite 2500 Portland, Oregon 97204 § 1.1.5 When the services under this Agreement include contract administration services, the General Conditions of the Contract for Construction shall be the edition of AIA Document A201 current as of the date of this Agreement, or as follows: As amended by USDA/Rural Development Instruction 1942 -A, Guide 27, Attachments 4 and 5. AIA Document B141 1997 Part 1. Copyright ® 1917, 1926, 1948, 1951, 1953, 1958, 1981, 1983, 1988, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:35:38 on 05/12/2008 under Order No.1000330318_1 which expires on 11/20/2008, and is not tor resale, User Notes: (726483735) Init. § 1.1.6 The information contained in this Article 1.1 may be reasonably relied upon by the Owner and Architect in determining the Architect's compensation. Both parties, however, recognize that such information may change and, in that event, the Owner and the Architect shall negotiate appropriate adjustments in schedule, compensation and Change in Services in accordance with Section 1.3.3. ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES § 1.2.1 The Owner and the Architect shall cooperate with one another to fulfill their respective obligations under this Agreement. Both parties shall endeavor to maintain good working relationships among all members of the Project team. § 1.2.2 OWNER § 1.2.2.1 Unless otherwise provided under this Agreement, the Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project. The Owner shall furnish to the Architect, within 15 days after receipt of a written request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. § 1.2.2.2 The Owner shall periodically update the budget for the Project, including that portion allocated for the Cost of the Work. The Owner shall not significantly increase or decrease the overall budget, the portion of the budget allocated for the Cost of the Work, or contingencies included in the overall budget or a portion of the budget, without the agreement of the Architect to a corresponding change in the Project scope and quality. § 1.2.2.3 The Owner's Designated Representative identified in Section 1.1.3 shall be authorized to act on the Owner's behalf with respect to the Project. The Owner or the Owner's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 1.2.2.4 The Owner shall furnish the services of consultants other than those designated in Section 1.1.3 or authorize the Architect to furnish them as a Change in Services when such services are requested by the Architect and are reasonably required by the scope of the Project. § 1.2.2.5 Unless otherwise provided in this Agreement, the Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 1.2.2.6 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 1.2.2.7 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service. 61.2.2.8 The Owner shall provide the Architect with Agency standard Construction Contract Document Guides, § 1.2.3 ARCHITECT § 1.2.3.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Article 1.4. § 1.2.3.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which initially shall be consistent with the time periods established in Section 1.1.2.6 and which shall be adjusted, if necessary, as the Project proceeds. This schedule shall include allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. § 1,2.3.3 The Architect's Designated Representative identified in Section 1.1.3 shall be authorized to act on the Architect's behalf with respect to the Project. A1A Document 8141"A — 1997 Part 1. Copyright ©1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and international Treaties, Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:35:38 on 05/12/2008 under Order No.1000330318_1 which expires on 11/20/2008, and Is not for resale. User Notes: (726483735) § 1.2.3.4 The Architect shall maintain the confidentiality of information specifically designated as confidential by the Owner, unless withholding such information would violate the law, create the risk of significant harm to the public or prevent the Architect from establishing a claim or defense in an adjudicatory proceeding. The Architect shall require of the Architect's consultants similar agreements to maintain the confidentiality of information specifically designated as confidential by the Owner, § 1.2.3.5 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 1.2.3.6 The Architect shall review laws, codes, and regulations applicable to the Architect's services. The Architect shall respond in the design of the Project to requirements imposed by governmental authorities having jurisdiction over the Project. § 1.2.3.7 The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any errors, omissions or inconsistencies in such services or information. ARTICLE 1.3 TERMS AND CONDITIONS § 1.3.1 COST OF THE WORK § 1.3.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed, the estimated cost to the Owner of all elements of the Project designed or specified by the Architect. § 1,3,1.2 The Cost of the Work shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work. § 1.3.1.3 The Cost of the Work does not include the compensation of the Architect and the Architect's consultants, the costs of the land, rights -of -way and financing or other costs that are the responsibility of the Owner. § 1.3.2 INSTRUMENTS OF SERVICE § 1.3.2.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. § 1.3.2.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license. Upon such termination, the Owner shall refrain from making further reproductions of Instruments of Service and shall return to the Architect within seven days of termination all originals and reproductions in the Owner's possession or control. If and upon the date the Architect is adjudged in default of this Agreement, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project. § 1.3.2.3 Except for the licenses granted in Section 1.3.2,2, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. However, the Owner shall be permitted to authorize the Contractor, Subcontractors, Sub - subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution Init. AIA Document 9141 TM - 1997 Part 1. Copyright ©1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution 01 this AIA Document, or any portion of it, may result in severe Civil and criminal penalties, and will be / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:35:38 on 05/12/2008 under Order No.1000330318_I which expires on 11/20/2008, and is not for resale. User Notes: (726483735) • . Init. of the Work by license grained in Section 1.3,2,2. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. The Owner-shall-net +use- Architect shall not unreasonably withhold consent rerardine the Owner's use of drawings and plans. The Owner shall have full use of the Instruments of Service for future additions or alterations to this Projoea ar- far- etlteF e • =. :. .. - Project. The Owner shall indemnify and hold harmless the Architect or anv of his desifinees of any future use. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. § 1.3.2.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing to the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the Architect shall by separate written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations or licenses not otherwise provided in this Agreement. The Architect shall provide Instruments of Service in electronic format. Notwithstanding such an agreement. drawings and calculations shall be provided in: .1 AutoCAD 2004 "dwg" format and shall include all associated page setup and .plot style tables. fonts and referenced drawings as applicable. and .2 Adobe Acrobat (PDF 1,4 or above) format. § 1.3.3 CHANGE IN SERVICES § 1.3.3.1 Change in Services of the Architect, including services required of the Architect's consultants, may be accomplished after execution of this Agreement, without invalidating the Agreement, if mutually agreed in writing, if required by circumstances beyond the Architect's control, or if the Architect's services are affected as described in Section 1.3.3.2. In the absence of mutual agreement in writing, the Architect shall notify the Owner prior to providing such services. If the Owner deems that all or a part of such Change in Services is not required, the Owner shall give prompt written notice to the Architect, and the Architect shall have no obligation to provide those services. Except for a change due to the fault of the Architect, Change in Services of the Architect shall entitle the Architect to an adjustment in compensation pursuant to Section 1.5.2, and to any Reimbursable Expenses described in Section 1.3.9.2 and Section 1.5.5. § 1.3.3.2 If any of the following circumstances affect the Architect's services for the Project, the Architect shall be entitled to an appropriate adjustment in the Architect's schedule and compensation: .1 change in the instructions or approvals given by the Owner that necessitate revisions in Instruments of Service; .2 enactment or revision of codes, laws or regulations or official interpretations which necessitate changes to previously prepared Instruments of Service; .3 decisions of the Owner not rendered in a timely manner; .4 significant change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget, or procurement method; .5 failure of performance on the part of the Owner or the Owner's consultants or contractors; .6 preparation for and attendance at a public hearing, a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto; .7 change in the information contained in Article 1.1. § 1.3.4 MEDIATION § 1.3.4.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by arbitration. § 1.3.4.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be AIA Document 11141 — 1997 Pert 1. Copyright ® 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1986, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result In severe civil and criminal penalties, and wtlt be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:35:38 on 05/12/2008 under Order No.1000330318_1 which expires on 11/20/2008, and Is not for resale. User Notes: (726483735) •r Init. filed in writing with the other party to this Agreement and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. § 1.3.4.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 1.3.5 ARBITRATION § 1.3.5.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes by mediation in accordance with Section 1.3.4. § 1.3.5.2 Claims, disputes and other matters in question between the parties that are not resolved by mediation shall be decided by arbitration. if the parties mutually agfoe etherw se agree, which shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. § 1.3.5.3 A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. § 1.3.5.4 No arbitration arising out of or relating to this Agreement shall include, by consolidation or joinder or in any other manner, an additional person or entity not a party to this Agreement, except by written consent containing a specific reference to this Agreement and signed by the Owner, Architect, and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. Despite the language of Subparagraph 1.3.5.4, either party, may include the Contractor in anv arbitration arising out of this Agreement to the extent allowed by the Contract for Construction. § 1.3.5.5 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and the Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Section 1.3.8. § 1.3.7 MISCELLANEOUS PROVISIONS § 1.3.7.1 This Agreement shall be governed by the law of the .Project location. § 1.3.7.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. § 1.3.7.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence to run any later than the date when the Architect's services are substantially completed. AIA Document B141 n — 1997 Part 1. Copyright 0 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:35:38 on 05/12/2008 under Order No.1000330318 1 which expires on 11/20/2008, and is not for resale. User Notes: (726483735) 'f § 1.3.7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 1.3.7.6 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. § 1.3.7.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. § 1.3.7.8 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 1.3.7.9 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such assignment. § 1.3.7.10 This Agreement shall n ot b ecome effective until con curred with in writin>z by the Agency Suc concurrence shall be evidenced by the signature of a duly authorized representative of the Agency in the space provided at the end of the Agency Attachment to this Agreement. The concurrence so evidenced by the Agency shall in no way commit the Agency to render financial assistance to the Owner and is without liability to the Agency for any payment hereunder. but in the event such assistance is provided, the concurrence shall signify the provisions of this Agreement are consistent with the requirements of the Agency. § 13 711 If applicable the Architect shall comply with section 319 of Public Law 101 -121 as supplemented by the Department of Agriculture regulations (7 C.F.R part 3018). This law pertains to restrictions on lobbying and applies to the recipients of contracts and subcontracts that exceed $100.000 at any tier under a Federal loan that exceeds $150.000 or a Federal grant that exceeds $100,000. If applicable, the Architect must complete a certification form on lobbying activities related to a specific Federal loan or grant that is a funding source for this Contract. The certification and disclosure forms shall be provided by the Owner. 61.3.7.12 The Architect agrees to abide by the requirements of 7 C.F.R. Dart 3017, which pertains to the debarment or suspension of a person from narticinating in a Federal program or activity. If the total compensation described in Article 1.5 exceeds $25,000. the Architect shall complete the relevant certification form provided by the Owner. § 1.3.8 TERMINATION OR SUSPENSION § 1.3.8.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, prior to init. AIA Document B141 - 1997 Part 1. Copyright ® 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974,1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document Is protected by U.S. Copyright Law and international Trestles. Unauthorized reproduction or distribution of this AIA Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:35:38 on 05/12/2008 under Order No.1000330318_l which expires on 11/20/2008, and is not for resale. User Notes: (726483735) suspension of services, the Architect shall give seven days' written notice to the Owner. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 1.3.8.1 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the ,/rrshitest sl e-aertlpensated- Architect's compensation may be equitably adjusted, as mutually agreed. to provide for expenses incurred in the interruption and resumption of the Architect's services. 7. § 1.3.8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 1.3.8.4 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 1.3.8,5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 1.3.8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 1.3,8.7. § 1.3.8.7 Termination Expenses- Expenses, as mutually agreed. are in addition to compensation for the services of the Agreement and include expenses directly attributable to termination for which the Architect is not otherwise AFehiteat.comnensated. § 1.3.9 PAYMENTS TO THE ARCHITECT § 1.3.9.1 Payments on account of services rendered hall be made monthly upon presentation of the Architect's statement of services. No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable. Compensation computed in Paragraph 1.5.1. shall include all transportation. travel. communications, and fees that are required in connection with the Project. They shall also include the reproduction. postage and handling of Drawings. Specifications and other documents, except the cost of printing Construction Documents for Bidding is considered reimbursable or will be paid directly by the Owner. § 1.3.9.2 the-fellewing-Gleuses+ Deleted Init. AIA Document 8141 71. - 1997 Part 1. Copyright ® 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1987, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects, All rights reserved. WARNING; This Ale Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:35:38 on 05/12/2008 under Order No.100033031 B_1 which expires an 11/20/2008, and Is not for resale. User Notes; (726483735) Init. § 1.3.9.3 Records of xpenses pertaining to a Change in Services, and of services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative and the Agency at mutually convenient times. § 1.3.9.4 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS § 1.4.1 Enumeration of Parts of the Agreement. This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by Owner, Architect and Agency. This Agreement comprises the documents listed below. § 1.4.1.1 Standard Form of Agreement Between Owner and Architect, AIA Document B 141 -1997. § 1.4.1.2 Standard Form of Architect's Services: Design and Contract Administration, AIA Document B 141 -1997, or as follows: (List other documents, if any, delineating Architect's scope of services.) § 1.4.1.3 Other documents as follows: (List other documents, if any, forming part of the Agreement.) § 1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows: 1.4,2.1 This Agreement is modified and supplemented by RD Instruction 1942 -A. Guide 27, Attachment 1. 1.4.2.2 WAGE RATE SCHEDULE CLASSIFICATION RATE Principal in Charge $140.00 / Hour Proiect Manager $110.00 / Hour Proiect Architect $95.00 / Hour Design Architect $85.00 / Hour Interior Architect $80.00 / Hour Mechanical Engineer $95.00 / Hour Electrical Engineer ,...., $95.00 / Hour Structural Engineer $95,00 / Hour Civil Engineer $95.00 / Hour Design Engineer $90.00 / Hour Energy Analyst $90.00 / Hour Design Technician...., $75.00 / Hour Administrative $55.00 / Hour 1.4.2.3 The services to be performed by the Architect/Engineer under this Agreement are intended solely for the benefit of the Owner. Nothing contained herein shall confer any rights upon or create any duties on the part of the Architect/Engineer toward any person or persons not a party to this Agreement including, but not limited to any contractor. subcontractor. supplier, or the agents. officers, employees, insurers, or sureties of any of them, ARTICLE 1.5 COMPENSATION § 1.5.1 For the Architect's services as described under Article 1.4, compensation shall be computed as follows: AIA Document 8141 1997 Part 1. Copyright ®1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects, Ali rights reserved, WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, end will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:35,38 on 05/12/2008 under Order No.1000330318_1 which expires on 11/20/2008, and is not for resale. User Notes: (726483735) Init. Compensation for Architect's Phase 6 services. as outlined in the revised Fee Proposal letter dated April 25, 2008 shall be a stipulated sum of One Hundred Sixty Four Thousand Two Hundred Seventy Dollars ($164.270\ itemized as follows: Construction Procurement Phase. $ 50 16000 Contract Administration Phase. $ 1)4,110.00 Phase 6 Compensation: $164,270.00 Compensation for requested or required Additional Services for increased Scope items beyond the above Phase 6 services shall be a stipulated sum of Twenty Nine Thousand One Hundred Eiehty Dollars ($29,180), itemized as follows: Revised sitework at South Parking $ 9,580.00 Conference/Training/Education R. ern: $ 13,800.00 Warranty inspection at 11 months $ 5.800.00 Additional Services Compensation: .... »........... $ 29,180,00 Total Phase 6 & Additional Services Compensation. 193,450.00 Hourly Additional Service: As requested by the Owner, electronic Record Drawings (on CD in AutoCAD format) will be furnished at the completion of the Project. Compensation for the requested Record Drawings would be computed on an hourly basis per the hourly billing rates listed in the Wage Rate Schedule in Subparagraph 1.4.2.1, not to exceed Nine Thousand Twenty Five Dollars ($9,025). The above fees are inclusive of Reimbursable Expenses incurred in the interest of the project (progress review sets of plans/specifications, travel, long distance telephone calls, postage, etc.), except the cost ofprinting Construction Documents for Bidding is considered reimbursable or will be paid directly by the Owner. § 1.5.2 If the services of the Architect are changed as described in Section 1.3.3.1, the Architect's compensation shall be adjusted. Such adjustment shall be calculated as described below or, if no method of adjustment is indicated in this Section 1.5.2, in an equitable manner. (Insert basis of compensation, including rates and multiples of Direct Personnel Expense far Principals and employees, and identify Principals and classify employees, if required. Identify specific services to which particular methods of compensation apply.) Compensation for Changes in Services rendered. as described in Paragraph 1,3.3, shall be based upon the hourly billing rates set forth in the Wage Rate Schedule listed in Subparagraph 1.4.2.1. § 1.5.3 For a Change in Services of the Architect's consultants, compensation shall be computed as a multiple of One & one tenth (1.1) times the amounts billed to the Architect for such services. etc § 1.5.5 eleted § 1.5.6 The rates and multiples for services of the Architect and the Architect's consultants as set forth in this Agreement shall be adjusted in accordance with their normal salary review practices. § 1.5.7 An initial payment of ($ ) none required ($ -0 -) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account at final payment. Subsequent payments for services shall be made monthly, and where applicable, shall be in proportion to services performed on the basis set forth in this Agreement. AIA Document B141 Ta — 1997 Part 1. Copyright ® 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of 11, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the low. This document was produced by AIA software at 18:35:38 on 05/12/2008 under Order No.1000330318_1 which expires on 11/20/2008, and is not tor resale. User Notes: (726483735) § 1,5.5 Payments are due and payable Thirty (3Q_) days from the date of the Architect's invoice. Amounts unpaid Thirty (,3Q) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of interest agreed upon.) Interest Rate of Twelve Percent (12%) per annum (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) § 1.5.9 If the services covered by this Agreement have not been completed within (-)- Eighteen ( 18) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Section 1.5.2. This Agreement entered into as of the day and year first written above. AIA Document 8141 Ta — 1997 Part 1. Copyright ® 1917, 1928, 1948, 1951, 1953, 1958, 1981, 1963, 1968, 1967, 1970, 1974, 1977, 1987 and 1997 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA Document la protected by U.S. Copyright Law end International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result In severe civil and criminal penalties, and will be / prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:35:38 on 05/12/2008 under Order No.1000330318_1 which expires on 11/20/2008, and is not for resale. User Notes: (726483735) IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in duplicate on the respective dates indicated below: (Signature) ickL i odiak Island Borough Manager Printed name and title) ARCHITECT _. AWNERATTEST (Signa JPrinted name and title) 1 .5 -/G -a8 (Date) ATTEST etee/U S (Printed name and title) / (Date) 1 ' I J, b AGENCY CONCURRENCE (Signature) Timothy Krug Architect, USDA/Rural Development Printed name and title 1 [Date ) ARCM:T.4=-0 NER c ord gnature) Donald F. Prochaska, AIA, NCARB President Printed name and title) (Date) Init. AIA Document 13141 TM - 1997 Pert 1. Copyright ® 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977. 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Lew and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result In severe civil and criminal penalties, and will be / prosecuted to the maximum extent possible under the taw. This document was produced by AIA software at 18:35:38 on 05/12/2008 under Order No.1000330318_1 which expires on 11/20/2008, and is not for resale. User Notes: (726483735) 13 . 1 Certification of Document's Authenticity AlA® Document D401 TM -- 2003 I, Steven A. Riley, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with this certification at 18:35:38 on 05/12/2008 under Order No, 1000330318_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA Document B14 P — 1997 Part 1- Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services, as published by the AIA in its software, other than changes shown in the attached final document by underscoring added text and striking over deleted text. d) eveuvn (Ace. P,rib6vr — 9(0441 -f - 'Inloc4anE1 (Title) (Date AIA Document D401 TM — 2003. Copyright C 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Lew and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 18:35:38 on 05/12/2008 under Order No.1000330318_1 which expires on 11/20/2008, and is not for resale. User Notes: (726483735) AI® Document B141" -1997 Part 2 Standard. Form of Architect's Services: Design and Contract Administration TABLE OF ARTICLES 2.1 PROJECT ADMINISTRATION SERVICES 2.2 SUPPORTING SERVICES 2.3 EVALUATION AND PLANNING SERVICES 2.4 DESIGN SERVICES 2.5 CONSTRUCTION PROCUREMENT SERVICES 2.6 CONTRACT ADMINISTRATION SERVICES 2.7 FACILITY OPERATION SERVICES 2.8 SCHEDULE OF SERVICES 2.9 MODIFICATIONS ARTICLE 2.1 PROJECT ADMINISTRATION SERVICES § 2.1.1 The Architect shall manage the Architect's services and administer the Project. The Architect shall consult with the Owner, research applicable design criteria, attend Project meetings, communicate with members of the Project team and issue progress reports. The Architect shall coordinate the services provided by the Architect and the Architect's consultants with those services provided by the Owner and the Owner's consultants. § 2.1.2 When Project requirements have been sufficiently identified, the Architect shall prepare, and periodically update, a Project schedule that shall identify milestone dates for decisions required of the Owner, design services furnished by the Architect, completion of documentation provided by the Architect, commencement of construction and Substantial Completion of the Work. § 2.1.3 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program, budget and aesthetics in developing the design for the Project. § 2.1.4 Upon request of the Owner, the Architect shall make a presentation to explain the design of the Project to representatives of the Owner. § 2.1.5 The Architect shall submit design documents to the Owner at intervals appropriate to the design process for purposes of evaluation and approval by the Owner. Owner and concurrence by the Agency. The Architect shall be entitled to rely on approvals received from the Owner in the further development of the design. § 2.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. This document has important legal consequences. Consultation with an attomey Is encouraged with respect to its completion or modification. AIA Document B141 1997 Part 2. Copyright 1917, 1928, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The Init. American Institute of Architects. All rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Trestles. Unauthorized reproduction or distribution of this AIA' Document, or any portion of It, may result In severe civil and criminal penalties, and will be / prosecuted to the maximum extent possible under the law. This document was produced by ASA software at 20:27:19 on 05/12/2008 under Order No.1000330318_1 which expires on 11/20/2008, and is not for resale. User Notes: (3055703108) Init. § 2.1.7 EVALUATION OF BUDGET AND COST OF THE WORK § 2.1.7.1 When the Project requirements have been sufficiently identified, the Architect shall prepare a preliminary estimate of the Cost of the Work. This estimate may be based on current area, volume or similar conceptual estimating techniques. As the design process progresses through the end of the preparation of the Construction Documents, the Architect shall update and refine the preliminary estimate of the Cost of the Work. The Architect shall advise the Owner of any adjustments to previous estimates of the Cost of the Work indicated by changes in Project requirements or general market conditions. If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget, and the Owner shall cooperate with the Architect in making such adjustments. § 2.1.7.2 Evaluations of the Owner's budget for the Project, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect represent the Architect's judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Project or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect. § 2.1.7.3 In preparing estimates of the Cost of the Work, the Architect shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of the Work. If an increase in the Contract Sum occurring after execution of the Contract between the Owner and the Contractor causes the budget for the Cost of the Work to be exceeded, that budget shall be increased accordingly. § 2.1.7.4 If bidding or negotiation has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, the budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the construction industry. § 2.1.7.5 If the budget for the Cost of the Work is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 1,3.8.5; or .4 cooperate in revising the Project scope and quality as required to reduce the Cost of the Work. § 2.1.7.6 If the Owner chooses to proceed under Section 2.1.7.5.4, the Architect, without additional compensation, shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the budget for the Cost of the Work. The modification of such documents shall be the limit of the Architect's responsibility under this Section 2.1.7. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not construction is commenced. it :.t, 1 1 procedures. tect shall c. s It wi th - A enc Architect or En ineer about the A enc 's r • uir s and ARTICLE 2.2 SUPPORTING SERVICES § 2.2.1 Unless specifically designated in Section 2.8.3, the services in this Article 2.2 shall be provided by the Owner or the Owner's consultants and contractors. § 2.2.1.1 The Owner shall furnish a program setting forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, special equipment, systems and site requirements. § 2.2.1.2 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; AIA Document 8141w —1997 Part 2. Copyright m 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this me Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 2027:19 on 05/12/2008 under Order No.1000330318 1 which expires on 11/20/2008, and is not for resale. User Notes: (3055703108) Init. rights -of -way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 2.2.1.3 The Owner shall furnish services of geotechnical engineers which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. ARTICLE 2.3 EVALUATION AND PLANNING SERVICES § 2.3.1 The Architect shall provide a preliminary evaluation of the information furnished by the Owner under this Agreement, including the Owner's program and schedule requirements and budget for the Cost of the Work, each in terms of the other. The Architect shall review such information to ascertain that it is consistent with the requirements of the Project and shall notify the Owner of any other information or consultant services that may be reasonably needed for the Project. § 2.3.2 The Architect shall provide a preliminary evaluation of the Owner's site for the Project based on the information provided by the Owner of site conditions, and the Owner's program, schedule and budget for the Cost of the Work. § 2.3.3 The Architect shall review the Owner's proposed method of contracting for construction services and shall notify the Owner of anticipated impacts that such method may have on the Owner's program, financial and time requirements, and the scope of the Project. ARTICLE 2.4 DESIGN SERVICES § 2.4.1 The Architect's design services shall include normal structural, mechanical and electrical engineering services. § 2.4.2 SCHEMATIC DESIGN DOCUMENTS § 2.4.2.1 chernatic Design (Phase 4) was provided under a separate earlier Agreement with the Owner (Owner Contract 2006 -38). § 2.4.3 DESIGN DEVELOPMENT DOCUMENTS § 2.4.3.1 Design Development (Phase 5) was provided under a separate earlier Agreement with the Owner (Owner Contract 2007 -23). § 2.4.4 CONSTRUCTION DOCUMENTS § 2.4.4.1 AIA Document 8141 TM — 1997 Part 2. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1968, 1967, 1979, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of It, ►nay result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 20:27:19 on 05/12/2008 under Order No.1000330318_1 which expires on 11120/2008, and is not for resale. User Notes: (3055703108) init. onstruction Documents were provided under the same (Phase 5) separate earlier Agreement with the Owner (Owner Contract 2007 -23). 6 2.4.4.3 Prior to advertisement for bids, the Architect shall provide a maximum of seven (7) sets of Construction Contract Documents for use by the Owner. Agency and the appropriate Federal, State and local agencies that must approve the Project. The cost of such Construction Contract Documents shall be included in the compensation paid to the Architect, notwithstanding subparagraph 1.3.9.2. Construction Contract Documents shall be subject to Agency concurrence in writing prior to advertisement for bids. The Architect shall furnish additional copies of the Construction Contract Documents. up to a maximum of thirty (30) additional copies, as requested by prospective bidders. material suppliers. and other interested parties. but may charge them a fee for the reasonable cost of such copies. 2.4.4.4 Upon award of the construction contract. the Architect shall furnish the Owner three (3) sets of Construction Contracts for execution. The cost of these sets shall be included in the compensation to the Architect. ARTICLE 2.5 CONSTRUCTION PROCUREMENT SERVICES § 2.5,1 The Architect shall assist the Owner in obtaining either competitive bids or negotiated proposals and shall assist the Owner in awarding and preparing contracts for construction. § 2.5.2 The Architect shall assist the Owner in establishing a list of prospective bidders or contractors. § 2.5.3 The Architect shall assist the Owner in bid validation or proposal evaluation and determination of the successful bid or proposal, if any. If requested by the Owner, the Architect shall notify all prospective bidders or contractors of the bid or proposal results. § 2.5.4 COMPETITIVE BIDDING § 2.5.4.1 Bidding Documents shall consist of bidding requirements, proposed contract forms, General Conditions and Supplementary Conditions, Specifications and Drawings. § 2,5.4.2 If requested by the Owner, the Architect shall arrange for procuring the reproduction of Bidding Documents for distribution to prospective bidders. The Owner shall pay directly for the cost of reproduction or shall reimburse the Architect for such expenses. § 2.5.4.3 If requested by the Owner, the Architect shall distribute the Bidding Documents to prospective bidders and request their return upon completion of the bidding process. The Architect shall maintain a log of distribution and retrieval, and the amounts of deposits, if any, received from and returned to prospective bidders. § 2.5.4.4 The Architect shall consider requests for substitutions, if permitted by the Bidding Documents, and shall prepare and distribute addenda identifying approved substitutions to all prospective bidders. § 2.5.4.5 The Architect shall participate in or, at the Owner's direction, shall organize and conduct a pre -bid conference for prospective bidders. § 2.5.4.6 The Architect shall prepare responses to questions from prospective bidders and provide clarifications and interpretations of the Bidding Documents to all prospective bidders in the form of addenda. § 2.5.4.7 The Architect shall participate in or, at the Owner's direction, shall organize and conduct the opening of the bids. The Architect shall subsequently document and distribute the bidding results, as directed by the Owner. § 2.5.5 NEGOTIATED PROPOSALS § 2.5.5.1 Proposal Documents shall consist of proposal requirements, proposed contract forms, General Conditions and Supplementary Conditions, Specifications and Drawings. AIA Document 13141 TM —1997 Part 2. Copyright ® 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1 977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This ALA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of It, may result In seven civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 20:27:19 on 05/12/2008 under Order No.1 0003303 1 8_1 which expires on 11/20/2008. and is not for resale. User Notes: (3055703108) § 2.5.5.2 If requested by the Owner, the Architect shall arrange for procuring the reproduction of Proposal Documents for distribution to prospective contractors. The Owner shall pay directly for the cost of reproduction or shall reimburse the Architect for such expenses. § 2.5.5.3 If requested by the Owner, the Architect shall organize and participate in selection interviews with prospective contractors. § 2.5.5.4 The Architect shall consider requests for substitutions, if permitted by the Proposal Documents, and shall prepare and distribute addenda identifying approved substitutions to all prospective contractors. § 2.5.5.5 If requested by the Owner, the Architect shall assist the Owner during negotiations with prospective contractors. The Architect shall subsequently prepare a summary report of the negotiation results, as directed by the Owner. ARTICLE 2.6 CONTRACT ADMINISTRATION SERVICES § 2.6.1 GENERAL ADMINISTRATION § 2.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. Modifications made to the General Conditions, when adopted as part of the Contract Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved in writing by the Architect. § 2.6.1.2 The Architect's responsibility to provide the Contract Administration Services under this Agreement commences with the award of the initial Contract for Construction and terminates at the issuance to the Owner of the final Certificate for Payment. However, the Architect shall be entitled to a Change in Services in accordance with Section 2.8.2 when Contract Administration Services extend 60 days after the date of Substantial Completion of the Work. § 2.6.1.3 The Architect shall be a representative of and shall advise and consult with the Owner during the-prevision construction until final payment is due to the Contractor, and at the Owner's direction during the period of correction of the Work described in the Contract for Construction. The Architect shall be available to furnish architectural services and consultations necessary to correct unforeseen construction defects normally encountered during this period, If these services or consultations are requested by the Owner. the Architect shall be entitled to a Change in Services as described in Subparagraph 2.6.1.2 and Paragraph 2.8.2. The Architect shall assist the Owner in performing a review of the Project during the 11th month after the date of Substantial Completion. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written amendment. § 2.6.1.4 Duties, responsibilities and limitations of authority of the Architect under this Article 2,6 shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent will not be unreasonably withheld. § 2.6.1.5 The Architect shall review properly prepared, timely requests by the Contractor for additional information about the Contract Documents. A properly prepared request for additional information about the Contract Documents shall be in a form prepared or approved by the Architect and shall include a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. § 2.6.1.6 If deemed appropriate by the Architect, the Architect shall on the Owner's behalf prepare, reproduce and distribute supplemental Drawings and Specifications in response to requests for information by the Contractor. § 2.6,1.7 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. AIA Document B141 w, —1997 Part 2. Copyright ® 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963. 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American institute of Architects. All rights reserved. WARNING: This AM' Document Is protected by U.S. Copyright Law and international Trestles. Unauthorized reproduction or distribution of this Ale Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 20:27:19 on 05/12/2008 under Order No.1000330318_1 which expires on 11/20/2008, and is not for resale. User Notes: (3055703108) Init. Init. § 2.6.1.8 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to geed -felt- either. § 2.6.1.9 The Architect shall render initial decisions on claims, disputes or other matters in question between the Owner and Contractor as provided in the Contract Documents. However, the Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. 6 2.6.1.10 The Architect shall conduct on -site progress meetings no less than once a month during the periods of active construction. These meetings should be held with the Contractor. affected Sub - contractors, Project Representative. Owner, representatives of the Owner. and other interested parties as appropriate, to review and discuss the Contractor's application for payment, work progress schedule, construction problems or disputes, and other appropriate matters. 4 2.6.1.11 The Architect shall participate in the Preconstruction Conference prior to Owner issuing the Notice to Proceed. § 2.6.2 EVALUATIONS OF THE WORK § 2.6.2.1 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect in Article 2.8, (1) to become generallyyfamiliar with and to keep the Owner informed about the progress and quality of the portion of the Work eempleted, completed with site reports (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. The Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. Such visits to the site shall be documented in writing on standard inspection report forms with copies furnished to the Owner, Contractor and Agency. Visits to the site shall be in accordance with the Agency requirements and procedures. § 2.6.2.2 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. § 2.6.2.3 The Architect shall at all times have access to the Work wherever it is in preparation or progress. § 2.6.2.4 Except as otherwise provided in this Agreement or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. § 2.6.2.5 The Architect shall have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. MA Document 8141 — 1997 Part 2. Copyright l 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, mey result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 20:27:19 on 05/12/2008 under Order No.1000330318_1 which expires on 11/20/2008, and is not for resale. User Notes: (3055703108) Init. §1.6,16 The Architect shall advise the Owner of required tests, inspections and reports, shall furnish coordination of such tests and inspections. and shall advise the Owner and Agency of the results of same. Copies of test results shall be furnished to the Owner, Contractor, and Agency. as .ppropriate. § 2.6.3 CERTIFICATION OF PAYMENTS TO CONTRACTOR § 2.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue Certificates for Payment in such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 2.6.2 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. § 2.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 2.6.3.3 The Architect shall maintain a record of the Contractor's Applications for Payment. § 2.6.3.4 The Architect s hall obtai A v concurrence on all Certificates of Payment before payment is made § 2.6.4 SUBMITTALS § 2.6.4.1 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 2.6.4.2 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. § 2.6.4.3 If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. § 2.6.5 CHANGES IN THE WORK § 2.6.5.1 The Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. The Architect may authorize minor changes in the Work not involving an adjustment in Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. If necessary, the Architect shall prepare, reproduce and distribute Drawings and Specifications to describe Work to be added, deleted or modified, as provided in Section 2.8.2. Preparation of Change Orders which do not substantially affect the project shall be included in the compensation computed in AIA Document B141 TM —1997 Part 2. Copyright ®1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1987, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and oriminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 20:27:19 on 05/12/2008 under Order No.1000330318_1 which expires on 11/20/2008, and is not for resale, User Notes: (3055703108) Init. paraeraDh 1.5A. The Architect shall obtain Agency concurrence in writing for Change Orders prior to the performance of the Work. § 2.6.5.2 The Architect shall review properly prepared, timely requests by the Owner or Contractor for changes in the Work, including adjustments to the Contract Sum or Contract Time. A properly prepared request for a change in the Work shall be accompanied by sufficient supporting data and information to permit the Architect to make a reasonable determination without extensive investigation or preparation of additional drawings or specifications. If the Architect determines that requested changes in the Work are not materially different from the requirements of the Contract Documents, the Architect may issue an order for a minor change in the Work or recommend to the Owner that the requested change be denied. § 2.6.5.3 If the Architect determines that implementation of the requested changes would result in a material change to the Contract that may cause an adjustment in the Contract Time or Contract Sum, the Architect shall make a recommendation to the Owner, who may authorize further investigation of such change. Upon such authorization, and based upon information furnished by the Contractor, if any, the Architect shall estimate the additional cost and time that might result from such change, including any additional costs attributable to a Change in Services of the Architect. With the Owner's approval, the Architect shall incorporate those estimates into a Change Order or other appropriate documentation for the Owner's execution or negotiation with the Contractor. § 2.6.5.4 The Architect shall maintain records relative to changes in the Work. § 2.6.6 PROJECT COMPLETION § 2.6.6.1 The Architect shall conduct : an inspection prior to the issuance of the Certificate of Substantial Completion and shall submit a written report to the Owner, Agency and the Contractor about Work to be completed prior to final inspection. Said inspection and Certificate of Substantial Completion shall be provided by the Architect for each Prime Contractor as appropriate. Such services shall be coordinated with the Agency. Prior to submitting the final Certificate for Payment, the Architect shall conduct an inspection, submit a Statement of Completion, receive and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the lteeimnefionContractor, § 2.6.6.2 The Architect's inspection shall be conducted with the Owner's Designated Representative to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. § 2.6.6.3 When the Work is found to be substantially complete, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including any amounts needed to pay for final completion or correction of the Work. § 2.6.6.4 The Architect shall receive from the Contractor and forward to the Owner: (l) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment and (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens. ARTICLE 2.7 FACILITY OPERATION SERVICES § 2.7.1 The Architect shall meet with the Owner or the Owner's Designated Representative promptly after Substantial Completion to review the need for facility operation services. § 2.7.2 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall conduct a meeting with the Owner and the Owner's Designated Representative to review the facility operations and performance and to make appropriate recommendations to the Owner. ARTICLE 2.8 SCHEDULE OF SERVICES § 2.8.1 Design and Contract Administration Services beyond the following limits shall be provided by the Architect as a Change in Services in accordance with Section 1.3.3: AIA Document B141 - 1497 Part 2. Copyright ®1917, 1926, 1948, 1951, 1953,1958, 1961, 1963, 1966, 1967, 1 970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: Thls AIA Document Is protected by U.S. CopyNght Lew and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion o1 it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 2027:19 on 05/12/2008 under Order No.1000330318_1 which expires on 11/20/2008, and is not for resale, User Notes: (3055703108) Services Responsibility (Architect, Owner or Not Provided) Location of Service Description .1 Programming Architect & Owner Subparagraphs 2.2.1.1 & 2.8.3.1 .2 Land Survey Services Owner .3 Geotechnicai Services Owner .4 Space Schematics/Flow Diagrams Architect Previously provided - Phase 4 Subparagraph 2.8.3.5 .5 Existing Facilities Surveys Architect .6 Economic Feasibility Studies Not Provided Paragraph 2.3.2 Subparagraph 2.3.8.9 Paragraph 2.1.2 Subparagraph 2.8.3.11 .7 Site Analysis and Selection Architect & Owner .8 Environmental Studies and Reports Not Provided .9 Owner- Supplied Data Coordination Architect & Owner .10 Schedule Development and Monitoring Architect .11 Civil Design Architect .12 Landscape Design QmAr .13 interior Design Architect Subparagraph 2.8.3.13 Paragraph 2.5.4 & 2.5.5 Subparagraph 2.8,3.15 Subparagraph 2.8.3.16 .14 Special Bidding or Negotiation Architect & Owner .15 Value Analysis Architect & Owner .16 Detailed Cost Estimating Architect .17 On -Site Project Representation Not Provided Subpara r ph 2.8,3.17 Paragraph 1.5.1 & Subparagraph 2.8.3.20 .18 Construction Management Not Provided .19 Start-up Assistance Not Provided .20 Record Drawings Architect .21 Post - Contract Evaluation Not Provided cumem -1997P rt Init. .1 up to Two (2, reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor. .2 up to Fourteen ( 14 ) visits to the site by the Architect over the duration of the Project during construction. .3 up to One (1) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents. .4 up to One (1) inspections for any portion of the Work to determine final completion. § 2.8.2 The following Design and Contract Administration Services shall be provided by the Architect as a Change in Services in accordance with Section 1.3.3: .1 review of a Contractor's submittal out of sequence from the submittal schedule agreed to by the Architect; .2 responses to the Contractor's requests for information where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner - provided information, Contractor - prepared coordination drawings, or prior Project correspondence or documentation; .3 Change Orders and Construction Change Directives requiring evaluation of proposals, including the preparation or revision of Instruments of Service; .4 providing consultation concerning replacement of Work resulting from fire or other cause during construction; .5 evaluation of an extensive number of claims submitted by the Owner's consultants, the Contractor or others in connection with the Work; .6 evaluation of substitutions proposed by the Owner's consultants or contractors and making subsequent revisions to Instruments of Service resulting therefrom; .7 preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; or .8 Contract Administration Services provided 60 days after the date of Substantial Completion of the Work. § 2.8.3 The Architect shall furnish or provide the following services only if specifically designated: AIA - a Copyright ®1917, 1926, 1948, 196 , 1963, 1958, 196 1, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This Abe Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 20:27:19 on 05/12/2008 under Order No,1000330318_1 which expires on 11/20/2008, and is not for resale. User Notes: (3055703108) .22 Tenant - Related Services Not Provide() .23 11 -month Warranty Review Architect Paragraph 1.5.1 & Subparagraph 2.8.3.2 .24 .25 Init. Description of Services. (Insert descriptions of the services designated.) 2.8.3,1 Programmed spaces were developed by the Architect and Owner and illustrated in the previously conducted Physical/Functional Evaluation (August 16. 2005) Facility Master Plan (Mav 1. 2006) and the Schematic Plan Presentation (October 26. 2006). 2.8.3.5 The Architect will review existing construction documents and existing building conditions, where readily apparent using non - destructive means. specifically in the locations where the new addition will connect with the existing building. 2.8.3.9 The Architect will coordinate Owner - supplied equipment with the Construction Documents based on timely delivery of equipment cut sheets from the Owner to the Architect. 2.8.3.11 Civil Design shall include normal civil engineering design services. 2.8.3.13 Interio(Design shall include finish and color schedules. If requested by the Owner, selection, procurement or installation of furniture, furnishings and related equipment shall be provided as a Change in Services. 2.8.3.15 Value Analysis is provided as a normal part of Project Administration Services (Paragraphs 2.1.3 and 2.1,7) in keeping the proiect within the Owner's budget as indicated in Clause 1.1.2.5.2. If requested by the Owner, Value Analysis to meet a revised project scope or budget shall be nrovided as a Change in Services. 2.8.3.16 The Architect shall provide a detailed cost estimate based on the Construction Contract Documents. 2.8.3.17 If full time representation at the site is required, the Architect shall provide one or more Proiect Representatives to assist in carrying out such additional on -site responsibilities as a Change in Services, The selection and compensation of the Project Representative must be concurred with in writing by the Agency. 2.8.3.20 The Contractor's marked -up construction site set of drawings shall be submitted to the Architect and forwarded to the Owner prior to final Application for Payment. As requested by the Owner, preparation of electronic record drawings by the Architect showing significant changes in the work made during construction based on marked -up prints, drawings and other data furnished by the Contractor to the Architect shall be provided as an hourly Additional Service. 2.8.3.23 As required by USDA/Rural Development, the Architect shall assist the Owner in performing a review of the Proiect during the 11 month after the date of Substantial Completion. ARTICLE 2.9 MODIFICATIONS § 2.9.1 Modifications to this Standard Form of Architect's Services: Design and Contract Administration, if any, are as follows: 2.9.1.1 The Architect/Engineer shall not be responsible for the means, methods, procedures, techniques. or sequences of construction, nor for safety on the job site. nor shall the Architect/Engineer be responsible for the contractor's failure to carry out the work in accordance with the contract documents. 2.9.1.2 The Architect / Engineer acknowledges the importance to the Owner of the Owner's project schedule and agrees tout forth its best professional efforts to perform its services under this Agreement in a manner consistent with that schedule. The Owner understands, however. that the Architect / Engineer's performance must be governed by sound architectural and engineering practices. AIA Document B141 TM - 1997 Part 2. Copyright © 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute 01 Architects. Ail rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Oocument, or any portion of It, may result in severe civic and criminal penatties, and will be prosecuted to the maximum extant possible under the law. This document was produced by AIA software at 20:27:19 on 05/12/2008 under Order No.1 0003303 1 8_1 which expires on 11/20/2008, and is not for resale. User Notes: (3055703108) •i 2.9.1.3 The Architect / Engineer will not stamp drawings produced for any phase of this project under the terms of this agreement until all invoices billed up to that point in the project have been paid in full. 2.9.1.4 The Architect / Engineer accepts no liability for any plans or specifications produced under this agreement until such drawings are stamped as approved by all relevant building department officials. 2.9,1.5 The Architect / Engineer will exercise its bestpofessional effort to interpret the Americans With Disability Act (ADA) and the ADA Accessibility Guidelines (ADAAG) and other applicable state, local and Federal requirements. The Architect / Engineer cannot and does not guarantee that his interpretation of the ADA legislation will be the same as other interpretations and therefore cannot guarantee the building's or ro'ect's compliance with thg law. The scope of services provided by the Architect / Engineer is limited to the requirements of Titles II and III of the ADA. The Architect / Engineer cannot provide recommendations or advice concerning which ADA requirements or measures may be "readily achievable" nor can the Architect / Engineer determine the priorities or phasing of selected measures. 2.9.1.6 The Owner confirms that neither the Architect / Engineer nor any of the Architect / Engineer's subconsuhants or subcontractors has offered any fiduciary service to the Owner and no fiduciary responsibility shall be owed to the Owner by the Architect / Engineer or any of the Architect / Engineer's subconsultants or subcontractors, as a consequence of the Architect / Engineer's entering into this Agreement with the Owner. By its execution, this Standard Form of Architect's Services: Design and Contract Administration and modifications hereto are incorporated into the Standard Form of Agreement Between the Owner and Architect, AIA Document B141-1997, that was entered into by the parties as of the date: May , 2008. �� t� 4.44t t ANA Document 8141 TM - 1997 part 2. Copyright 01917, 1926, 1948, 195, 1953, 1958, 19131, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 20:27:19 on 05/12/2008 under Order No.1000330318 1 which expires on 11/20/2008, and is not for resale. User Notes: (3055703108) American InsOt Init. ute o f Architects. All rights reserved WARNING This AIA Document is protected by U.S. Copyright Lew and international Treaties. Init. IN WITNESS WHEREOF. the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in duplicate on the respective dates indicated below: Printed name and title J' —/e ifford la d Borough Manager name any i le ATTEST (Date) OWNERA (Signature) (Printed name and title) V Mai (2 ) Ur Date AGENCY CQNCURRENCE (Signature) Timothy Krug Architect, USDA/Rural Development (Printed name and title (Date) 41i I gnatuii) Donald F. Prochaska, ALA, NCARB President (Printed name and tide) AIA Document 13141 Th -1997 Pert 2. Copyright ®1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 20:27:19 on 05/12/2008 under Order No.1000330318_1 which expires on 11/20/2008, and is not for resale. User Notes: (3055703108) 12 Certification of Document's Authenticity AIA® Document D401 TM — 2003 I, Steven A. Riley, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with this certification at 20:27:19 on 05/12/2008 under Order No 1000330318_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA Document B 141TM — 1997 Part 2 - Standard Form of Architect's Services: Design and Contract Administration, as published by the AIA in its software, other than changes shown in the attached final document by underscorin : • ded text and striking over deleted text. (Signed Ex4rt✓4. VICg lital61541r — titik-fiCit ArOCOler (Title) (Dated) �(2 /ZaCFfj AIA Document D401 TM — 2003. Copyright m 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Lsw and International Trestles. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 2027:19 on 05/12/2008 under Order No.1000330318_1 which expires on 11/20/2008, and is not for resale. User Notes: (3055703108) ATTACHMENT TO AIA DOCUMENT B141 -1997, Standard Form of Agreement Between Owner and Architect With Standard Form of Architect's Services The provisions of this Attachment shall delete, modify and supplement the provisions contained in the "Standard Form of Agreement Between Owner and Architect With Standard Form of Architect's Services," AIA Document B141 -1997 Edition. The provisions contained in this Attachment will supersede any conflicting provisions of the AIA Document. The term "Agency," as used in this Attachment, shall mean the United States of America, acting through the United States Department of Agriculture. ARTICLE 1.2, RESPONSIBILITIES OF THE PARTIES 1.2.2 Add the following subparagraph to paragraph 1.2.2: ARTICLE 1.3, TERMS AND CONDITIONS (08- 26 -98) PN 296 RD Instruction 1942 -A Guide 27 Attachment 1 Page 1 1.2.2.8 The Owner shall provide the Architect with Agency standard Construction Contract Document Guides. 1.3.5.2 Delete the words "unless the parties mutually agree otherwise" and substitute the words "if the parties mutually agree" in the first sentence of subparagraph 1.3.5.2. 1.3.7.1 Delete subparagraph 1.3.7.1 and substitute the following: 1.3.7.1 This Agreement shall be governed by the law of the Project location. 1.3.7.4 Delete subparagraph 1.3.7.4. 1.3.7 Add the following subparagraphs to paragraph 1.3.7: 1.3.7.10 This Agreement shall not become effective until concurred with in writing by the Agency. Such concurrence shall be evidenced by the signature of a duly authorized representative of the Agency in the space provided at the end of the Agency Attachment to this Agreement. The concurrence so evidenced by the Agency shall in no way commit the Agency to render financial assistance to the Owner and is without liability to the Agency for any payment hereunder, but in the event such assistance is provided, the concurrence shall signify the provisions of this Agreement are consistent with the requirements of the Agency. RD Instruction 1942 -A Guide 27 Attachment 1 Page 2 1.3.7.11 If applicable, the Architect shall comply with section 319 of Public Law 101 -121, as supplemented by the Department of Agriculture regulations (7 C.F.R. part 3018). This law pertains to restrictions on lobbying and applies to the recipients of contracts and subcontracts that exceed $100,000 at any tier under a Federal loan that exceeds $150,000 or a Federal grant that exceeds $100,000. If applicable, the Architect must complete a certification form on lobbying activities related to a specific Federal loan or grant that is a funding source for this Contract. The certification and disclosure forms shall be provided by the Owner. 1.3.7.12 The Architect agrees to abide by the requirements of 7 C.F.R. part 3017, which pertains to the debarment or suspension of a person from participating in a Federal program or activity. If the total compensation described in Article 1.5 exceeds $25,000, the Architect shall complete the relevant certification form provided by the Owner. 1.3.8.2 Delete the second sentence in subparagraph 1.3.8.2 and substitute the following: When the Project is resumed, the Architect's compensation may be equitably adjusted, as mutually agreed, to provide for expenses incurred in the interruption and resumption of the Architect's services. 1.3,8.7 Insert the words "as mutually agreed" after "Termination Expenses" in subparagraph 1.3.8.7. 1.3.9.1 Delete the words "and for Reimbursable Expenses incurred," and add the following sentences to subparagraph 1.3.9.1: Compensation computed in Paragraph 1.5.1 shall include all transportation, travel, communications, and fees that are required in connection with the Project. They shall also include the reproduction, postage and handling of Drawings, Specifications and other documents. 1.3.9.2 Delete subparagraph 1.3.9.2. 1.3.9,3 Delete the words "of Reimbursable Expenses," and add the words "and the Agency" after the words "Owner's authorized representative" in subparagraph 1.3.9.3. 1.4.2.1 This Agreement is modified and supplemented by RD Instruction 1942 -A, Guide 27, Attachment 1. RD Instruction 1942 -A Guide 27 Attachment 1 Page 3 ARTICLE 1.4, SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.4.1 Delete the word "both" from the end of the second sentence and conclude the sentence with "Owner, Architect and Agency." 1.4.2 Add the following subparagraph: ARTICLE 1.5, COMPENSATION 1.5.4 Delete paragraph 1.5.4. 1.5.5 Delete paragraph 1.5.5. ARTICLE 2.1, PROJECT ADMINISTRATION SERVICES 2.1.5 Add the words "and concurrence by the Agency" after approval by the Owner" in paragraph 2.1.5. 2.1 Add the following Paragraph to ARTICLE 2.1: 2.1.8 The Architect shall consult with the Agency Architect or Engineer about the Agency's requirements and procedures. ARTICLE 2.3, EVALUATION AND PLANNING SERVICES 2.3 Add the following paragraphs to article 2.3: 2.3.4 The Architect shall submit copies of the Preliminary Architectural Feasibility Report following Agency Instructions and Guides. 2.3.5 When the Owner has accepted the Preliminary Architectural Feasibility Report in writing and the Agency has concurred, the Architect may be authorized to proceed with developing the design. (08- 26 -98) PN 296 RD Instruction 1942 -A Guide 27 Attachment 1 Page 4 ARTICLE 2.4, DESIGN SERVICES 2.4.4 Add the following subparagraphs to paragraph 2.4.4: 2.4.4.3 Prior to advertisement for bids, the Architect shall provide a maximum of sets of Construction Contract Documents for use by the Owner, Agency and the appropriate Federal, State and local agencies that must approve the Project. The cost of such Construction Contract Documents shall be included in the compensation paid to the Architect, notwithstanding subparagraph 1.3.9.2. Construction Contract Documents shall be subject to Agency concurrence in writing prior to advertisement for bids. The Architect shall furnish additional copies of the Construction Contract Documents as requested by prospective bidders, material suppliers, and other interested parties, but may charge them a refundable deposit fee for the reasonable cost of such copies. 2.4.4.4 Upon award of the construction contract, the Architect shall furnish the Owner sets of Construction Contract Documents for execution. The cost of these sets shall be included in the compensation to the Architect. ARTICLE 2.6, CONTRACT ADMINISTRATION SERVICES 2.6.1.3 Delete the first sentence of subparagraph 2.6.1.3 and substitute as follows. The Architect shall be a representative of and shall advise and consult with the Owner during construction until final payment is due to the Contractor, and at the Owner's direction during the period of correction of the Work described in the Contract for Construction. The Architect shall be available to furnish architectural services and consultations necessary to correct unforeseen construction defects normally encountered during this period. The Architect shall assist the Owner in performing a review of the Project during the llth month after the date of Substantial Completion. 2.6.1.8 Delete the words, "and shall not be liable for results of interpretations or decisions so rendered in good faith" in the last sentence of subparagraph 2.6.1.8. 2.6.3 Add the following subparagraph to paragraph 2.6.3: (08- 26 -98) PN 296 RD Instruction 1942 -A Guide 27 Attachment 1 Page 5 2.6.1 Add the following subparagraphs to paragraph 2.6.1: 2.6.1.10 The Architect shall conduct on -site progress meetings no less than once a month during the periods of active construction. These meetings should be held with the Contractor, affected Sub- contractors, Project Representative, Owner, representatives of the Owner, and other interested parties as appropriate, to review and discuss the Contractor's application for payment, work progress schedule, construction problems or disputes, and other appropriate matters. 2.6.1.11 The Architect shall participate in the Preconstruction Conference prior to Owner issuing the Notice to Proceed. 2.6.2.1 Add the following sentences to subparagraph 2,6.2.1: Such visits to the site shall be documented in writing on standard inspection report forms with copies furnished to the Owner, Contractor and Agency. Visits to the site shall be in accordance with Agency requirements and procedures. 2.6.2 Add the following subparagraph to paragraph 2.6.2: 2.6.2.6 The Architect shall advise the Owner of required tests, inspections and reports, shall furnish coordination of such tests and inspections, and shall advise the Owner and Agency of the results of same. Copies of test results shall be furnished to the Owner, Contractor, and Agency, as appropriate. 2.6.3.4 The Architect shall obtain Agency concurrence on all Certificates of Payment before payment is made. 2.6.5.1 Add the following sentences to subparagraph 2.6.5.1: Preparation of Change Orders which do not substantially affect the project shall be included in the compensation computed in paragraph 1.5.1. The Architect shall obtain Agency concurrence in writing for Change Orders prior to the performance of the Work. • K RD Instruction 1942 -A Guide 27 Attachment 1 Page 6 2.6.6.1 Delete subparagraph 2.6.6.1 and substitute the following: 2.6.6.1 The Architect shall conduct an inspection prior to the issuance of the Certificate of Substantial Completion and shall submit a written report to the Owner, Agency and the Contractor about Work to be completed prior to final acceptance. Said inspection and Certificate of Substantial Completion shall be provided by the Architect for each Prime Contractor as appropriate. Such services shall be coordinated with the Agency. Prior to submitting the final Certificate for Payment, the Architect shall conduct an inspection, submit a Statement of Completion, receive and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor. ARTICLE 2.8, SCHEDULE OF SERVICES 2.8.3 Insert the word "Architect" under the heading "Responsibility" for line items .16, .17, and .20 in the chart. 2.8.3 Add the following subparagraphs to paragraph 2,8.3 under the heading "Description of Services." below the chart: SIGNATURE BLOCK: 2.8.3.a The Architect shall provide a detailed cost estimate based on Construction Contract Documents. 2.8.3.b If full time representation at the site is required, the Architect shall provide one or more Project Representatives to assist in carrying out such additional on -site responsibilities. The selection and compensation of the Project Representative must be concurred with in writing by Agency. 2.8.3.c sets of Record Drawings shall be provided to the Owner. Delete the signature blocks on pages 1 -12 and 2 -12 of this Agreement and substitute the block on the following page in both locations: IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized • this Agreement in duplicate on the respective dates indic ATTEST: Type Name Title Date S )1,--Qg ATTEST: Type Name ( / 'GtrirsriA4 Type Name tinYta p'racha Title P+►� I4 Title Li Vv Date A/ / O 1 I t Date /1441 t 7 JJJ AGENCY CONCURRENCE: By Type Name Title Date (08- 26 -98) PN 296 000 OWNER: By 644-4-4 l' Type Name 6{44&4s E. 15 /cry Date s - 4‘ �4�"` RD Instruction 1942 -A Guide 27 Attachment 1 Page 7 Title 14704114 1/46 3- t44' 16 1/1. , '/d q'161/1. 44/L Da te: s I V� (2- 19 -86) PN 998 RD Instruction 1942 -A Guide 18 Page 7 14. Certificate of Owner's Attorney. I, the undersigned, Alan L. Schmitt , the duly authorized and acting legal representative of Kodiak Island Borough , do hereby certify as follows I have examined the attached contract(s) and performance and payment bond(s) and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements are adequate and have has been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with terms, conditions, and provisions thereof. L_SS2Jct- NOTE: Delete phrase "performance and payment bonds" when not applicable. KODIAK ISLAND BOROUGH AGENDA STATEMENT JUNE 19, 2008 REGULAR MEETING ITEM NO: 13.B.1 TITLE: Resolution No. FY2003 -20G Amending Resolution No. 2003 -20 to Re- Establish Fees of the Kodiak Island Borough. SUMMARY: Prudent financial management dictates that an organization reviews its fees on at least an annual basis. Kodiak Island Borough Code 3.04.065 ordains that all fees be reviewed on an annual basis. 03.04.065 Review of service fees. Not less than on the beginning of every calendar year, the finance director shall prepare a list of all fees for services charged by the various departments of borough government. The list shall be submitted to the departments involved for comments concerning the fees and a recommendation as to whether or not the fee or fees should be raised, lowered, or remains the same. The finance director shall submit a report of his findings, including the department comments and recommendations, to the manager for presentation to the assembly. The assembly may, by resolution, raise or lower any fee on the submitted list. Staff has compiled a list of all current fees and has recommended several changes to the fee resolution. Most of these changes are in the Solid Waste Collection and Disposal Section. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Resolution No. FY2003 -20G. WHEREAS, prudent financial management dictates that an organization review its fees on at least an annual basis; and A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING RESOLUTION NO. 2003-20 TO RE- ESTABLISH FEES OF THE KODIAK ISLAND BOROUGH WHEREAS, Kodiak Island Borough Code 3.04.065 ordains that all fees be reviewed on an annual basis; and WHEREAS, it is recognized that if a service or program benefits only a select individual or group of individuals, those individuals or group of individuals should pay for the service; and WHEREAS, staff has compiled a list of all current fees; and WHEREAS, staff has recommended changes to the current fee schedule for fiscal year 2007 as shown on the attached exhibit; and NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: SECTION 1: the attached exhibit of fees becomes effective July 1, 2008. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2008 KODIAK ISLAND BOROUGH ATTEST: Nova M. Javier, CMC, Borough Clerk KODIAK ISLAND BOROUGH RESOLUTION NO. 2003 -20G Introduced by: Manager Gifford Requested by: Finance Director Drafted by: Finance Director Introduced: 06/19/2008 Adopted: Jerome M. Selby, Borough Mayor Kodiak Island Borough, Alaska Resolution No, 2003 -20G Page 1 of 1 KODIAK ISLAND BOROUGH FEE SCHEDULE Effective July 1, 2008 Page 1 of 12 REPRODUCTION OF BOROUGH RECORDS Copies, per page, general public $0.25 Copies, per page, govemment and non - profits $0.05 Certified copies (does not include copy charges) $5.00 Audio Video Recording $20.00 Operating & Capital Budget $0.00 Annual Audit & Hnancial Report $0.00 Comprehensive plans, paper $25.00 2007 Comprehensive Plan (bound copy) Comprehensive plans, cd $5.00 ASSEMBLY AND COMMISSION AGENDAS, MINUTES & PACKETS (Annual Mailing Fees) Agenda & Minute Mailing, Assembly $50.00 Agenda & Minute Mailing, P & Z $50.00 Assertibly Packet, Complete Mailing $300.00 P & Z Packet, Complete Mailing $200.00 BOROUGH CODE OF ORDINANCES Borough Code, Complete $125.00 Supplement Service (Annual Fee) $45.00 Title 6i complete $2.50 Title 15, complete $7.50 Title 16, complete $10.00 Tftla(17r Complete $25.00 Any of the above titles on CD $5.00 SPECIAL ASSESSMENT AND PROPERTY TAX FEES Full reproduction of tax map $400.00 Includes 3' x 5' base map and unbound (complete book by book copies) Irx5vlduaf page copies (11' x 17) $1.30/page Foreclosure Fee $40.00 Publication Fee (based on prior year publication) actual cost Interest 12% annually Penalty 10% charge GENERAL SERVICES Wire Transfer Fee $25.00 NSF Check Fee $25.00 Electronically Reproduced Records, up to 5 pages $6.00 (For documents over 5 pages in length, add $0.25 per page) Monthly Fee for Online Computer Services $25.00 BoittighBtillding Office Rent for 710 Mill Bay Rd (per square foot) $1.85 Borough Building Annex Building for 610 Egan Way (per square foot) $1.10 New/Transfer Liquor License $1.00 per notice mailed 1lbe fqr special taxes (Severance and Bed) $50 per fling Interest on miscellaneous accounts 12% annually Passport execution fee per federal guidelines / $25.00 BAYSIDE FIRE STATION COMMUNITY TRAINING CENTER Refundable Cleaning Deposit $50.00 One -half of Training Center, per half day (1-6 hrs, max 49 people) $15.00 One-half 01Ttalning Center. per day (8-10 Ns, max 49 people) $25.00 Full Training Center, per half day (1-6 hrs, max 100 people) $30.00 Full Training Center, per day (6 -10 hrs, max 100 people) $50.00 " Non - profit organizations and public safety agencies who do not charge a fee for the activity being conducted may apply for a waiver of Training Center use fees. KODIAK FISHERIES RESEARCH CENTER Main Lobby (upstairs /down - fee includes large conference room) $250.00 Refundable cleaning deposit, main lobby $300.00 WOO 0 0ference Room $50.00 Refundable cleaning deposit, large conference room $50.00 Small Conference Room $40.00 Refundabi4 cleating deposit, emall conference room $30,00 Page 2 of 12 REPRODUCTION COSTS Large Scale Scanning and Copy Charges Scanning, per page Copy scan file to CD /DVD, per disk Xerox Bond Small 18" x 24" 24" x 24" Standard 24" x 36" Medium 36" x 36" 36" x 48" Lame 36* x 60" 36" x 72" 36" x 84" MAPPING AND RESEARCH SERVICES Drafting and plotting services. (1/4 hr minimum) Digitized Data of ArcGIS or Autocad products (per 1 megabyte + cost of disk) Research-, Service, records recovery (1 hr minimum) Research Service, data analysis (1 hr minimum) PLOTTED MAPS Line drawings Images/Full Color Imo - bond paper Images/Full Color Plots - photo quality paper * No copying or commercial use, except for reference CD copy of aerial photos ADMINISTRATIVE SERVICE FEES: ACCOUNTING SERVICE FEES Administrative Service Fees C. Animal Control Offenses 1) Cruelty to Animals (KIBC 6.04.010 A -D) a. 1st offense b. 2nd offense c. 3rd offense 2) Contagious animals (KIBC 6.04.020) a. 1st offense c. 3rd offense Page 3 of 12 $2.00 $10.00 $3.00 $4.00 * $9.00 $12.00 $15.00 $18.00 $21.00 Xerox Mvlar Small 18" x 24" $5.00 24" x 24" $6.00 24" x'36" S6.Opr Medium 36" x 36" $10.00 36 "x48" $15.00 Lame 36" x60" $20.00 36" x 72" $25.00 36" x 84" $30.00 $40.00 /Hr $0.10 $40.00Mr $60.00 /Hr $2.00 /sq ft $4.30/sq ft ft $10.00 /path $10.00 service fee Per grant Federal & State Grants agreement Amount of Grant x Percent Up to $100,000 x 3% 100,000 tO 000 x 2:5% 500,000 to 1,000,000 x 2% 1,000,000 and up x 1.5% Up to $ 3,000.00 $2,500;00 * $12,500,00 $10,000.00 - $20,000.00 15,000.00 and up 3% of entity's budget TITLE 6: ANIMALS (KIBC 6.04.070) A. License Fees 1) Male dog (per year) $35.00 2) . do4(peryeao $3000 3) Neuter and spayed dogs (per year) $10.00 4) Duplicate tag (each) $5.00 B. Boarding Fees 1) Small animals (dogs, cats, etc.Xper day) $5.00 2) o (cows, horses, etO.XPer 04 60 $5000 mandatory court appearance mandatory court appearance mandatory court appearance $55.00 02.60 $110.00 3) Annoying animals (KIBC 6.04.030) a. 1st offense b. 2nd offense c. 3rd offense 4) Tethering (KIBC 6.04.040) a. 1st offense b. 2nd offense c. 3rd offense 5) Control of animals (KIBC 6.04.050BD & KIBC 6.04.180A) a. 1st offense b. 2nd offense c. 3rd offense 6) Vicious animals (KIBC 6.04.050A) a. 1st offense b. 2nd offense c. 3rd offense 7) Animal littering (KIBC 6.04.060) a. 1st offense b. 2nd offense c. 3rd offense 8) Animal identification (KIBC 6.04.070) a. 1st offense b. 2nd offense c. 3rd offense 9) Tag and collar (KIBC 6.04.080) a. 1st offense b. 2nd offense c. 3rd offense D. Miscellaneous Fees 1) Rabies vaccinations deposit (partially refundable) 2) Adoption (includes neuter or spay, rabies shot, license) TITLE 16: SUBDIVISIONS (GENERALLY KIBC 16.10.060) Waivers (16.10.050) Abbreviated/Aliquot Part Plats Preliminary Plats Creating: 1 to 12 lots 13 to 50 lots Over 50 lots Page 4 of 12 $27.50 $55.00 $82.50 $27.50 $55.00 $82.50 $55.00 $82.50 $110.00 mandatory court appearance mandatory court appearance mandatory court appearance $27.50 $55.00 $82.50 $27.50 $55.00 $82.50 $27.50 $55.00 $82.50 $20.00 actual cost $75.00 $300.00 $350.00 $350.00 + $20.00 for each additional lot over 12 $1,110.00 + $15.00 for each additional lot over 50 Vacations $350.00 Appeal to Commission (16.100) $200.00 Rev(.wop .etoft 0 90010 $75.00 Appeal to Assembly (16.90) $200.00 Appeal Record copy, per page $0.15 Plan Review Services: Improvement Plan Review Initial and Final Plan $200.00 *SOW improvement Plan Reviews $100.00 Site Grading Plan Review $250.00 Materials Approval Services First Submittal Subsequent Reviews Inspection Services - General Personnel ST OT DT Vehicle Hours Mileage Administrative Fee Inspection Services - Subdivision Road and Utility Improvement (per lineal ft) Improvements for 1 to 12 lots Improvements for 13 lots and more ZONING Conditional Use Permit (17.04.010 A) Variance (17.040:010 D) Zoning Change (17.040.010 E): Less than 1.75 acres 1.76 to 5.00 acres 5.01(0 40.00 acres 40.01 acres or more Other P&ZC Approval (e.g. 17.21.050 C) Appeal to Commission (17.90) Review OPUS ` (17:80) Appeal to Assembly (17.100) Appeal Record Copy, per page Zoning Compliance Permit (17.03.060): Construction Dumpster Deposits: less than 250 sq ft 251 to 500 sq ft 501 or greater sq ft Postponement at Petitioner's request - Public Hearing Item Postponemeng'at Petition?* request Non•Pubitc Rowing Item Page 5 of 12 $200.00 $60:00 $40.00 /hr $56.00ihr $72.00 /hr $1.70 /hr $0.301m1 10% $3.50/If $2.00/1f $250.00 $250.00 $350.00 $750.00 $1,000.00 $1,500.00 $150.00 $350.00 $150.00 $350.00 $0.15 2 x the publish / After the fact Zoning Compliance Permits amount Less than 1.75 acres 30.00 1.76 to 5.00 acres 5.01 to 40.00 acres $90.00 40.01 acres or more $120.00 0 $250.00 $500.00 $1,000.00 $100.00 $25.00 TITLE 18: BOROUGH REAL PROPERTY Land disposal application (18.20.060 A) $350.00 LAM We Permits, annually (18.50.010 C) $28000 Wood Cutting Permits $10:80 Material Sales (18.60) Use Fee (per site, annually) Royeltyfee, per cubic yard (annually) Grading Permit Fees: 50 cubic yards 51 to 100 c.y. 101 to 1,000 c.y. 1,001 to 10,000 c.y. 10,001 to 100,000 c.y. 100,001 c.y. or more value = 2,000.01 - 25,000.00 value.* 25,000.01- 50,000.00 value = 50,000.01 - 100,000.00 vatue * 100,000,01 to 500,000.00 value = 500,000.01 to 1,000,000.00 vakJe 1,000,000.01 and up Building Demolition Fee Other inspection fees: Inspections outside of normal business hours (per hour, 2 hr min) ReOPtpectlort fees assessed under provisions of sectlon 305 g Inspections for which no fee is specifically indicated Additional plan review required by changes, additions or revision to approved plans (1/2 hr min) Driveway permit fee (15.26) (no fee when included w /bldg permit) KO.W porno for driveway access Appeals and Exceptions (15.44) Page 6 of 12 9.5o for theft $100,000 Out ': li0 tbrsadt adl $1,000 or racton thereof, to and incl uding $5,000.00 $1.25 $23.50 $37.00 $37.00 * 1st 100 cy + $17.Wfor ea addltionat 100 cy $194.50 for 1st 1,000 cy + $14.50 for ea additional 1,000 cy $325.00 for 1st 10,000 cy + $86.00 for ea additional 10,000 cy $919.00 for 1st 100,000 cy + $36.50 for ea add 10,000 cy The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fees paid for the original permit and the fee shown for the entire project. Building Permit Fees value = up to $500.00 500.01'- 2,000:00 $15.00 $15.00 for the first $500 plus $2.00 for each addltiotlat $100 or fraction thereof, to and including $2,000.00 $45.00 for the first $2,000 plus $9.00 for each additional $1,000 or fraction thereof, to and including $25,000.00 $252.00 for the first $25,000 plus $8.80 for each additional $1,000 or fraction thereof, to and Including $50,000.00 $414.50 for the first $50,000 plus $4.50 for each additional $1,000 or fraction thereof, to and including $100,000.00 $2,039.50 for the first $500,000 plus $3.00 for each additional $1,000 or fraction thereof, to and including $1,000,000.00 $3,539.50 for the first $1,000,000 plus $2.00 for each add tional $1,000 or **ton t hoeof. $40.00 $70.00 $40.001hr $40.00 /hr $50.00 /hr NOTES: I. Valuations for determination of permit fees will be based on contract prices or, in the absence of a contract price, the Building Valuation Data as published, by I.C.B.O. Building Standards II. Plan review fees (residential non -engineered) will be 50% of the building permit fee, and plan review fees (residential engineered) will be 20% of the building permit fee III. Plan review fees (commercial) will be 65% of the building permit fee $25.00 $100.00 $350.00 PLUMBING PERMIT FEES Single family and duplexes: New residential single family $70.00 New dtlplsx $100.00 Additional plumbing, remodeling Residential Only $30.00 All other plumbing work $35.00 Plus the following additional charges: for each plumbing fixture $7.00 for each gas outlet $5.00 for each water heater & hot water boiler (per 1.000 btu) $0.20 for automatic sprinkler systems (per head) $1 for plumbing alteration work (per outlet) $7 Plumbing Permits after work has started ELECTRIC PERMIT FEES A. B. D. The following schedule of fees shall apply to all electrical work for which a permit is required For new construction of electrical work: Single family and duplexes: For temporary work service permit For residential single family - new For duplex - new For additional wiring, remodeling Residential Only All other electrical work For issuance of permit For each fixture /duplex outlet/individual switch/emergency light For electric heat per k.w. lrtatatled For each power outlet For electrical service to 200 amps Fir electrical service over 200 amps For each area floodlight, 1st light For each additional floodlight For generator per k.w. output For transformers 5 k.v.a. or above For motor connections, 15 hp and above For tren$ & sw tchea - manual For transfer switches - automatic For electrical signs For trSer corrtel(sach specs ) Each additional (same permit) For temporary services For lararkonmental control devices per outletlurat The following schedule of fees shall apply to all electrical work for which a plan review is required: $0 - 500 $501 -1,000 $1:00i - 2 00u $2,001 - 3,000 $3,001 - 4,000 0..00.1 $6,001 - up C. When extra inspections are made necessary by reason of defective work, or otherwise through fault or error on the part of the holder of the permit, or on the part of the permit holder's official setting forth the violation, only one such extra inspection shall be made under the regular fees as herein prescribed. For each further extra inspection for which the holder of the permit or employee is entirely responsible, fees shall be charged as follows: First inspection $40.00 150.00 $60.00 &COM *POOR Each additional inspection The building department shall allow for correction of such work, a maximum of ten working days following the date of inspection Electric permits after work has started Page 7 of 12 2 x the publish amount $30.00 $70.00 $100.00 $30.00 $35.00 $1.25 $1.00 $2.00 $20.00 $30.00 $20.00 $5.00 $1.00 $5.00 $20.00 $5.00 $10.00 $20.00 $60.00 $10.00 $5.00 $1.25 $35.00 $60.00 $150.00 $200.00 $250.00 $300.00 2 x the publish amount SOLID WASTE COLLECTION AND DISPOSAL RATES A. Solid Waste Disposal fees at the landfill site: 1 a. Residential garbage from a passenger automobile or pickup truck, up to 500 lbs. 1 b. Residential garbage 501 Ibs or greater 2. Commerce tes and mixed construction/demolition (fesidentlai/c 'i ustrialinstitutionl) debris. Any mixed construction bade that have greater than 10% metals will not be accepted. 3a. Garbage truck of borough collection contractor 3b. Garbage truck of United States Coast Guard contractor 4. Asbestos disposal (Over 10 c.y. - price to be negotiated with Borough Manager) 5a. Lead acid batteries - residential 5b. Lead acid batteries - commercial 6. Sludge disposal 7. House trailers (measured per trailer's longest dimension) $22.00/If 8a. Metals. 8b. Vehicles 8e. Refrigera 8d. Other Appliances 9a. Tires - commercial 10a. Fishing - oorttntet tal, line & web only 10b. Fishing g` r - residential - line & web, up to 500 lbs. 10e. Fishing :gear - residential- line & web, 501 Ibs, and greater 11a. Used oil - residential 11b. Used oil - commercial 12a. Incineratiortr.of rttacitaal/infeditus waste - under 10 pounds 12b. Incineration of medlcal/Infec ktus waste - pound and over. R' t 13a. Incineration of animals - euthanized 13b. Document Incineration 13c. Incineration of animals - cremation (up to 200 pounds); separated in incinerator unit, but not always the only animal in ',dated vessel waste 14b. La r dfilll€ig of regulated vessel waste 14a. Indl 15. Household Hazardous Waste 16 Ulse of scale to obtatn'a certified weight 17. Equipment usage to off load customer waste Uncove + isona( rg $20.88.+ Page 8 of 12 no charge $46.00/ton, $20.00 min. $100.00/ton, $20.00 min. $1 per contract $115.00 /ton $135.00 min no charge $6.00 per large, $3.00 per small $75 /ton $275/ton $475 per vehicle $20.00 per $70.00 /ton, $32.00 minimum $100/ton no charge $46.00/ton no charge $3.00/gal $20.00 over 10 pounds no char no charg $25.00 $25.00 + $1.50 $1- 00/Ib, $141-00 minimum $1:00 /Ib, $18:00 mi .00 + Oh* per pound , ver $2.00 15/tort No charge $10.00/ticket $65 /hour, $65 minimum .00 B. Solid Waste Collection Fees: 1. Weekly residential door to door collection service (per month, in 2. Residential collection service (per month, outside city) 3. Residential carryout service in addition to the charge for regular rebld8ntiai service 4. Senior citizen residential rates are 75% of those listed above 5. Vacancy rate, per month 6. Lien fee 7. Late fees 8. Commercial and residential dumpster service: Kodiak fee per tip 2.0 cu yds 2.6 cu yds ao cu yds 3.6 cu yds 4.0 cu yds 5.0 cu yds 5.5 cu yds 6.0 cu yds 10.0 cuyds 15.0 cu yds 20.0 cu yds Kodiak fee per month 2.0 cu yds 2.6 cu yds 3.0 cu yd3 3.6 cu yds 4.0 cu yds 8.0 cu yds 5.5 cu yds 6.0 cu yds 10.0 Cu yds 15.0 cu yds 20.0 cu yds Bevond Salonie Creek fee per tip 2.0 cu yds 2.6 cu yds 30cu yds , 3.6 cu yds 4.0 cu yds Oct*yds 5.5 cu yds 6.0 cu yds 5.O 20.0 cu yds Beyond Salonie Creek fee per month 2.0 cu yds 2.6 cu yds 3 cuydS 3.6 cu yds 4.0 cu yds . 5.5 cu yds 6.0 cu yds 1tOtai yd 20.0 cu yds $31.00 $31:0 $17.80 5 $10.0 $80.0 1% for each class of service $1.00 ' Page 9 of 12 $52.00 $52.00 $88.00 $58.00 $68.00 $75.00 $75.00 $75.00 $110.00 $333.50 $388.15 $30.00 $30.00 $34.03 $34.03 $40.00 $40.00 $40.00 $56.00 $68.00 $115.09 $138.57 $40.00 $40.00 $40.00, $40.00 $45.51 041 $45.51 $67.00 Oft44 $246.93 $33.00 $33.00 $24.75 $12.00 $75.26 $83.50 9. Construction / Demolition Dumpster Service Kodiak fee per tip 5.0 cu yds 1 0 . 0 c 15.0 cu yds Kodiak fee per month 5.0 cu yds 10.0cuyds 15.0 cu yds Beyond Salonie Creek fee per tip 5.0 -cu yds 10.0 cu yds 15.0 cu yds 20.0 cu yds Beyond Salonie Creek fee per month 5.0 cu ydc 10.0 cu yds 15.0 cu yds 20.0 cu yds 10. Special Waste Dumpster Service Kodiak fee per tip 2.0 cu yds 5.0 cu yds 10.0 cu yds Kodiak fee per month 2.0 cu yds 5.0 cu yds 10.Ocuyds Beyond Salonie Creek fee per tip 2.0 cu ydc \5.Ocuydo 10.0 cu yds 15.0 cu yds 20.0 cu yds Bevond Salonie Creek fee per month 2.0 cu ydc 10.0 cu yds 15.0 cu yds 20.0 cu yds Bear woof resistant dumpster - rent Bear ereef resistant dumpster - per tip The charge for commercial dumpster service which compacts materials is one and one -half times the standard rate. 12. Govemmental customers will be served by a private company by direct negotiation for service. Fees will be set, billed and collected by that company. Page 10 of 12 (....._.$ $75.00 $155.00 $333.50 40.00 $68.00 $115.09 E$78.34 $6 8.0O 1 $300.00 $4 11.87 / $411.87 $45.51 $45,51- $213.14 $30.00 $40.00 $68.00 63.66 $23.13 Locking lids for dumpsters (per month) $15A0 $68.00 $213.14 $150.00 $310.00 $310.00 $310.00 $68.00 $213.14 $213.14 $50.00 $39.00 C. dunnpster delirrepfipickup fee (tip fees wilt b Ina to tee schedute) 14. A deposit may be charged for a dumpster of up to two (2) times the monthly rental. Every residential unit will be charged for solid was ��ery sidential units within the City of Kod W"' tricf7) be billed by the City with their util D. Commercial and residential solid waste materials collected by the United States Coast Guard, or its representative, for disposal at the Kodiak Island Borough landfill will be charged at the time of disposal at the rate established in item A.3. of this fee schedule. The Kodiak Island Borough will invoice the United States Coast Guard for all or any portion of those fees charged, as agreed upon by the parties. Fees associated with other waste disposal options will be charged based on the applicable fee represented in this schedule. E. Dumping commercial waste in residential dumpsters or other business's dumpsters without written permission will result in a $300.00 fine for the first offense and a $1,000.00 fine for the second and subsequent offenses. F. Dumping metals, used oil, bilge water, epoxy paint or other hazardous waste items in a commercial or residential dumpster will result in a $300 fine for the first offense and a $1,000 fine for the second and subsequent offenses. G. For all construction and demolition projects there will be a deposit of $250 minimum for projects up to 249 square feet, $500 minimum for projects 249 to 500 square feet and $1000 minimum for projects 501 square feet and above. This deposit will be paid in full upon application for a zoning permit and no building permit will be issued without proof of payment. A deposit is also required for projects that do not require a zoning compliance or building permit (e.g. demolition /remodeling projects such as roofing and siding). A bill will be generated and sent to the client on a monthly basis until verification is received that the project is complete and the dumpster has been removed. If a positive deposit balance remains after verification is received and the dumpster has been removed this remainder amount will be returned to the client. H. If a client wants to take the waste directly to the landfill, a deposit will still be required and they must pay for the waste at the landfill in cash and retain their receipts. The receipts will then be presented after the project is complete to verify that the waste was properly disposed of. Estimates may be made to determine if the amount of waste generated from a project reasonably corresponds with the receipts. I Companies conducting commercial, industrial and institutional demolition projects need to separate their waste into metal and non -metal loads. Mixed loads will not be accepted at the landfill. Page 11 of 12 $70.00 J. Metals received at the landfill in the form of tanks or cables must be prepared in an acceptable manner. Tanks must be drained of all fluids and wiped clean. Tanks under 500 gallons must have an 18" square hole cut into it and wiped clean. Tanks over 500 gallons must have one end cut off and wiped clean. Tanks 1000 gallons and greater must contact Engineering /Facility staff to discuss acceptable criteria. Fishing cable must be cut into 3' lengths. Other metal items must be cut into pieces no greater than 17' long, 7' wide and 5' high. They must be separated from non -metal material (e.g., machinery with hoses or electrical components). K. Non - profit organizations will be allowed free disposal of household residential waste up to 1000 lbs/week. Disposal of large items (e.g., boats, trailers, construction /demolition debris and metals) will be charged at the same rate as shown in this fee schedule. L. Commercial establishments, and /or small quantity generators, who generate hazardous waste must contact an environmental company to properly dispose of their waste. M. Commercial establishments which dispose of construction and or demolition waste into dumpsters which are not designated for such use (i.e., public dumpsters, commercial dumpsters) will be charged at the same rate as shown in this fee schedule. An estimate of waste generated will be obtained from building or zoning permit information. If this information is not available a field estimate will be made. Definitions: Residential waste - Waste generated from your home (for example, household garbage, bulky items such as furnishings and grass /lawn clippings). It excludes construction /demolition waste. Commercial waste - Institutional and industrial organizations or contractors and businesses conducting work for compensation and /or barter. Regulated vessel waste - Waste from vessels that have been inspected by U.S. Customs & Border Protection Office must be transported by a compliance holder to the landfill and may be landfilled. Waste from vessels that have not been inspected must be transported by a compliance holder and must be incinerated. Page 12 of 12 FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT JUNE 19, 2008 REGULAR MEETING TITLE: Resolution No. FY2008 -42 Authorizing the Approval of Lease Regarding the Bayside Fire Hall Apartment with Mr. Bob Himes. SUMMARY: Kodiak Island Borough Code 18.40.020 Negotiated leases requires approval by the Assembly of specific leases. The amount charged to Mr. Himes has been discussed and approved by the Fire Protection Area No. 1 Board at its June 19, 2007. Mr. Bob Himes is the Fire Chief of the Bayside Fire Department. RECOMMENDED MOTION: Move to adopt Resolution No. FY2008 -42. ITEM NO: 13.8.2 KODIAK ISLAND BOROUGH RESOLUTION NO. FY2008 -42 Introduced by: Requested by: Drafted by: Introduced: Adopted: A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY AUTHORIZING THE APPROVAL OF LEASE REGARDING THE BAYSIDE FIRE HALL APARTMENT WITH MR. BOB RIMES WHEREAS, Kodiak Island Borough Code 18.40.020 Negotiated leases requires approval by the Assembly of specific leases; and WHEREAS, the amount charged to Mr. Rimes has been discussed and approved by the Fire Protection Area No. 1 Board at its June 19, 2007 meetings; and WHEREAS, Mr. Himes is the Fire Chief of Bayside Fire Department; NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT the Borough Manager is hereby authorized to sign the lease on behalf of the Assembly. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF 2008 KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk Manager Gifford Manager Gifford EF Director 06/19/2008 Kodiak Island Borough, Alaska Resolution No. FY2008 -42 Page 1 of 1 THIS LEASE AGREEMENT is made this day of , 2008 by and between THE KODIAK ISLAND BOROUGH, a borough organized under the laws of the state of Alaska, hereinafter called Landlord, and Robert Nimes, hereinafter called Tenant. For and in consideration of the covenants, rents and demises, and upon the terms and conditions hereinafter set forth, the parties agree as follows: 1. Premises. Landlord, for and in consideration of the rents, covenants and conditions hereinafter specified to be paid, performed and observed by Tenant, does hereby let, lease and demise to Tenant the improved real estate particularly described as follows: Page 1 of 10 LEASE AGREEMENT Certain residence space of a two bedroom apartment situated on the second floor of the Bayside Fire Station located at 4606 Rezanof Drive East on the following described real property: Lot 3A, Block 5, Miller Point Subdivision, Kodiak Recording District, Third Judicial District, State of Alaska Tenant, upon paying the rents, and performing all of the terms and covenants on this part to be performed, shall peaceably and quietly enjoy the leased premises subject nevertheless, to the terms of this lease, and to any deed of trust or mortgage to which this lease is subordinated. 2. Term of Lease. The term of the lease shall be for the period of (2) two years, following the commencement of the term, with allowance for up to (2) two 2 -year renewals, unless sooner terminated as hereinafter provided. The term of the lease shall commence on July 1, 2008, 2008, and be reviewed on or before March 1 of each subsequent year for consideration of annual renewal. In the event the foregoing commencement provision results in a commencement date other than on the first day of a calendar month, the rent shall be immediately paid for such initial fractional month prorated on the basis of a thirty (30) day month. This provision can be waived at the request of the tenant to the Bayside Fire Protection District representative. Upon expiration of this lease, tenant may continue to occupy the premises on a month -to -month basis if granted approval by the Fire Protection Area #1 board no later than thirty (30) days prior to the lease expiration. 3. Rental. In consideration of the demise and leasing of the premises aforesaid by Landlord, the Tenant covenants, stipulates and agrees to pay to the Landlord the following amount as monthly rental for said premises hereinabove described: Twelve hundred dollars ($ 1,200.00) less six - hundred dollars ($600) as a value for the multi- faceted involvement with care and management of the Fire Station, for a net due of six hundred dollars ($600.00) in advance, on or before the first day of each month of the lease term. All rentals, unless and until otherwise directed in writing by Landlord, shall be paid to the Landlord at 710 Mill Bay Road, Kodiak, Alaska 99615, or at such other place as Landlord may designate from time to time in writing. 4. Alteration of Premises. Tenant shall not make any alterations, additions, or improvements in or to the leased premises without first obtaining the written consent of Landlord. Any such alterations, additions and improvements consented to by Landlord shall be made at Tenant's expense. Tenant shall secure all governmental permits required in connection with such work, and shall hold Landlord harmless from all liability and liens resulting therefrom. All alterations, additions and improvements, except trade fixtures and appliance and equipment which do not become attached to the building, shall immediately become a part of the realty and the property of the Landlord without obligation to pay therefor, except that Landlord may require removal of all or part thereof by Tenant at the termination of the lease, at Tenant's expense, and Tenant shall pay for or repair any damages to the leased premises, including, without limitation, any necessary patching, repainting, and repairing caused by such removal. Upon removal of the trade fixtures and appliances and equipment which do not become attached to the building, Tenant shall restore the leased premises to the same condition that they were in prior to the installation of said items, including, without limitation, any necessary patching, repainting and repairing. Any trade fixtures, appliances, equipment or other property not removed from the leased premises by Tenant upon termination of the tease shall be deemed abandoned by Tenant, provided that Tenant shall save Landlord harmless from any loss, cost, or damage arising from Tenant's failure to remove such items. 5. Use of Premises. The leased premises shall be used for residential housing space, and for no other purpose, without the prior written consent of Landlord. Tenant shall not use or permit the leased premises or any part thereof to be used for any purpose in violation of any municipal, borough, state, federal or other governmental law, ordinance, rule or regulation. Tenant agrees that Tenant, together with all other persons entering and /or occupying the leased premises at Tenant's request or with Tenant's permission, will abide by, keep and observe all reasonable rules and regulations which Landlord may make from time to time for the management, safety, care and cleanliness of the building, and the preservation of good order therein, as well as for the convenience of other occupants and tenants of the building, and for the use of any parking areas adjacent to the building. The violation of any such rules and regulations shall be deemed a material breach of the lease by the Tenant. Tenant shall not, without Landlord's prior written consent, use, operate or install any electrical or mechanical equipment, machinery, or mechanical devices in the leased premises, except in compliance with the highest standards applicable to the leased premises, except in compliance with the highest standards applicable to the use, operation, or installation of such equipment, machinery or devices, generally recognized by the profession or industry in which Tenant is engaged, nor shall Tenant use the leased premises, or any machinery or equipment therein, in such a manner as to cause Page 2 of 10 substantial noise or vibration, or unreasonable disturbance to other tenants in the building. In the event Tenant's use of the leased premises causes an increase in Landlord's fire or hazard insurance premiums; Tenant shall reimburse Landlord for the amount of such increase. 6. Utilities. Landlord shall furnish, at its expense, the following utilities and services for normal office use of the leased premises: a. Electricity for normal lighting and residential use. Special or additional electrical requirements shall be paid by Tenant. b. Heat from fuel oil based on normal residential use. Tenant shall provide at his expense all other utilities and services used at the leased premises, including personal phone and cable. Landlord shall not be liable for any loss or damage caused by or resulting form any variation, interruption or failure of said utilities or services, arising from any cause, condition or event; and no variation, interruption or failure of such utilities and services incident to the making of repairs, alterations, or improvements, or arising from any accident, strike, condition, cause or event in whole or in part beyond the reasonable control of Landlord shall be deemed an eviction of Tenant or relieve Tenant from any obligation hereunder. 7. Maintenance and Repairs. Landlord shall, at its expense, maintain and keep in good repair the foundations, exterior walls, roof and other structural portions of the building. Tenant shall, at its expense, maintain the interior of the leased premises at all times in good condition and repair, all in accordance with the laws of the State of Alaska and all directions and regulations of governmental agencies having jurisdiction hereof. Tenant shall commit no waste of any kind in or about the leased premises, and Tenant shall pay for all damage to the building, as well as damage to tenants or occupants hereof, caused by Tenant's misuse or neglect of the leased premises, its apparatus or appurtenances. At the expiration of the term hereof, or on the termination of this lease, Tenant shall surrender the leased premises, its apparatus or appurtenances. At the expiration of the term hereof, or on the termination of this lease, Tenant shall surrender the leased premises in good and clean condition, normal wear and tear and damage by fire or other casualty excepted. Landlord shall maintain and repair all plumbing, lines and equipment installed for the general supply of hot and cold water, heat, ventilation and electricity, except that Tenant shall be responsible for any and all maintenance and repairs attributable to obstruction or objects deliberately or inadvertently introduced or placed in the fixtures, lines or equipment by Tenant, his employees, agents, licensees or invitees. Landlord shall not be responsible or liable at any time for any loss or damages to Tenant's equipment, fixtures or other personal property of Tenant or to Tenant's business except to the extent attributable to Landlord's negligence. Landlord shall not be responsible or liable to Tenant or to those claiming by, through or under Tenant for any loss or damages to either the person or property of Page 3 of 10 Tenant that may be occasioned by or through the acts or omissions of persons occupying other portions of the building. Landlord shall not be responsible or liable for any defect, latent or otherwise, in the building in which the leased premises is situated, or any of the equipment, machinery, utilities, appliances or apparatus therein nor shall it be responsible or liable for any injury, Toss or damage to any person or to any property of Tenant or other person caused by or resulting from bursting, breakage or by or from leakage, stream or snow or ice, running or the overflow of water or sewerage in any part of said leased premises, the building, or the surrounding area, or for any injury or damage caused by or resulting from acts of nature or the elements, or for any injury or damage caused by or resulting from any defect in the occupancy, construction, operation or use of any of said leased premises, building, machinery, apparatus or equipment by any person or by or from the acts or negligence of any occupant of the premises, unless Landlord itself is negligent. Tenant shall keep premises in a clean and sanitary condition. Tenant shall assume all cost of extermination and fumigation for infestation caused by him. Tenant shall childproof /animal proof the dwelling and yard. Tenant shall mow and water the grass and lawn, and keep the grass, lawn, flowers, and shrubbery thereon in good order and condition, and keep the sidewalk surrounding of said premises free and clear of all obstruction; to use precaution against freezing of water and waste pipes and stoppage of same in and about said premises. 8. Fire and Other Casualty. Should the leased premises be damaged by fire or other casualty, and if the damage is repairable within four (4) weeks from the date of occurrence (with the repair work and the preparations therefore to be done during regular working hours on regular work days), the damages shall be repaired with due diligence by Landlord, an in the meantime the monthly rental shall be abated in the same proportion that the untenable portion of the leased premises bears to the whole thereof. Should the leased premises be completely destroyed by fire or other casualty, or should they be damaged to such an extent that the damage cannot be repaired within the four (4) weeks of the occurrence, Landlord shall have the option to terminate this lease, and Landlord shall advise Tenant within thirty (30) days after the happening of any such damage whether Landlord has elected to continue this lease in effect or to terminate it. If Landlord shall elect to continue this lease in effect, it shall commence and prosecute with reasonable diligence any work necessary to restore or repair the leased premises. If Landlord shall fail to notify Tenant of its election within said thirty - day period, Landlord shall be deemed to have elected to terminate this lease, and the lease shall thereafter automatically terminate. The commencement by Landlord of repair work shall be deemed to constitute notice that Landlord has elected to restore or repair the leased premises. For the period from the occurrence of any damage to the leased premises to the date of completion of the repairs (or to the date of termination of the lease if Landlord shall elect not to restore the leased premises), the monthly rental shall be abated in the same proportion as the portion of the leased premises bears to the whole thereof. Page 4 of 10 In the event restoration or repair is delayed by acts or omissions of Tenant, there shall be no abatement of rental during the period of such delay. If the fire or damage is caused by the carelessness, negligence or improper conduct of Tenant, then notwithstanding other provisions of this lease, Tenant shall remain liable for the rent, without abatement, during any period of repair or restoration. If the Landlord, in its discretion, shall decide within thirty (30) days after the occurrence of any fire or other casualty in the building, even though the leased premises may not have been affected by such fire or other casualty, to demolish, rebuild or otherwise replace or alter the building containing the leased premises, then upon written notice given by Landlord to Tenant, this lease shall terminate on a date specified in such notice, but no sooner than thirty (30) days from the date of such notice, as if that date had been originally fixed as the expiration date of the term herein leased. Tenant and Landlord hereby mutually release each other from liability and waive all right of recovery against each other for any loss from perils insured against under their respective fire insurance policies, including any extended coverage and endorsements thereto; provided, however, that this paragraph shall be inapplicable if it would have the effect, but only to the extent that it would have the effect, of invalidating any insurance coverage of Landlord or Tenant. Restoration or repair work conducted in the common areas, in areas of the building unleased, or leased to other tenants, or the noise or interference arising therefrom, shall not be deemed an eviction of Tenant, or a breach of this lease, but Tenant, or a breach of this lease but Tenant's obligation to pay rent shall be abated during such period of time as Tenant is unable to conduct business at the leased premises by reason of actual physical interference with use of the leased premises as a result of such restoration or repair work. 9. Subletting and Assignment. Tenant shall not sublet the leased premises, or any part thereof, or assign this lease or any part thereof, nor shall this lease be assigned in whole or in part by operation of law or through any court proceedings, without the prior written consent of Landlord to such subletting or assigning; any such assignment or sublease without Landlord's written consent shall be void. If Tenant is a corporation, any merger, consolidation, or dissolution to which it is a party, or any change in ownership of a majority of its voting stock outstanding, shall constitute an assignment of this lease for purposes of this paragraph. 10. Renter's Insurance. Tenant shall procure and maintain renter's insurance coverage. Said renter's insurance shall include liability coverage of at least one hundred thousand dollars ($100,000.00) to protect tenant for any potential lawsuits. Such policy or policies shall be written by a responsible insurance company or companies. Upon the signing of this Agreement, a valid copy of such certificates of insurance shall be furnished by Tenant to Landlord. Certificates shall state that the policy or policies will not be canceled or altered without at least thirty (30) days, prior written notice to Landlord. Maintenance of such insurance and the performance by Tenant of the obligation under this paragraph shall not relieve Tenant of liability under this indemnity agreement. Page 5 of 10 11. Common Areas and Facilities. Landlord shall have the right to construct, maintain and operate lighting and other improvements on all said areas; to change the area, level, location and arrangement for common areas and other facilities and temporarily to close the common areas to effect such changes. All common areas and facilities which Tenant may be permitted to use and occupy are to be used and unoccupied under a revocable license, which shall not be unreasonably revoked, and if any such license be revoked or if the amount of such areas be changed or diminished, Landlord shall not be subject to any liability nor shall Tenant be entitled to any compensation or diminution or abatement of rent nor shall revocation or diminution of such areas be deemed constructive or actual eviction. 12. Liens. Tenant will not permit any mechanics', laborers' or material men's liens to stand against the leased premises or improvements for any labor materials furnished to Tenant or claimed to have been furnished to Tenant, or to Tenant's agents, contractors, or sublessee, in connection with work of any character performed or claimed to have been performed on said premises or improvements by or at the direction of sufferance of Tenant; provided, however, Tenant shall have the right to contest the validity or amount of any such lien or claimed lien. In the event of such contest, Tenant shall give to Landlord such reasonable security as may be demanded by Landlord to insure payment of such lien or such claim of lien. Tenant will immediately pay any judgment rendered with all proper costs and changes and shall have such lien released or judgment satisfied at Tenant's own expense. The foregoing provisions respecting liens shall apply to all liens, of any kind or nature, asserted against the leased premises or improvements thereon, including liens arising out of, incident to, or connected with the use and occupation of the leased premises by Tenant. 13. Default. If Tenant at any time during the term of this lease (and regardless of the pendency of any bankruptcy, reorganization, receivership, insolvency or other proceedings, in law, in equity or before any administrative tribunal, which have or might have the effect of preventing Tenant from complying with the terms of this lease) shall: (a) Fail to make payment of any installment of rent or of any other sum herein specified to be paid by Tenant, and Tenant fails to cure such default within ten (10) days after such failure to make payment: or (b) Fail to observe or perform any of Tenant's other covenants, agreements or obligations hereunder, and if within thirty (30) days after Landlord shall have given to Tenant written notice specifying such default or defaults, Tenant shall not have commenced to cure such default and proceed diligently to cure the same; or (c) If Tenant has filed a Petition under Chapter 11 of Bankruptcy Act, 11 O.S.C. 701 et seq., or a voluntary petition under any other provision of said Bankruptcy Act, or if Tenant finally and without further possibility to appeal or review: (1) is adjudicated as bankrupt or insolvent; or (2) has a receiver appointed for all or substantially all of its business or assets on the ground of Tenant's insolvency; or (3) has itself appointed as a debtor -in- possession; or Page 6 of 10 (4) has a trustee appointed for it after a petition has been filed for tenant's reorganization under the Bankruptcy Act of the United States known as the Chandler Act or any future law of the United States having the same general purpose; or (5) if Tenant shall make an assignment for the benefit of creditors, then in any such event Landlord shall have the right at its election, then or at any time thereafter, and while such default, defaults or events shall continue, to give Tenant notice of Landlord's intention to terminate this lease and all Tenant's rights hereunder, on a date specified in such notice, which date shall not be less than ten (10) days after the date of giving of such notice, and on the date specified in such notice, the term of this lease and all rights granted Tenant hereunder shall come to an end as fully as if the lease then expired by its own terms, and Tenant hereby covenants peaceable and quietly to yield up and surrender to Landlord said leased premises and all structures, buildings, improvements and equipment located thereon, and to execute and deliver to Landlord such instrument or instruments as shall be required by Landlord as will properly evidence termination of Tenant's rights hereunder or its interest therein. In the event of termination of this lease as in this paragraph above provided, Landlord shall have the right to repossess the leased premises and such structures, buildings, improvements and equipment, either with process of law or through any form of suit or proceeding, as well as the right to sue for and recover all rents and other sums accrued up to the time of such termination, and damages for rent not then accrued. Landlord shall also have the right, without resuming possession of the premises or terminating this lease, to sue for and recover all rents and other sums, including damages, at any time and from time to time accruing hereunder. 14. Notices. Any and all notices required or permitted under this lease, unless otherwise specified in writing by the party whose address is changed, shall be mailed, certified or registered mail, or delivered, to the following addresses: LANDLORD: Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 15. Costs Upon Default. In the event either party shall be in default in the performance of any of its obligations under this lease or an action shall be brought for the enforcement thereof, the defaulting party shall pay to the other all the expenses incurred therefor, including a reasonable attorney's fee. In the event either party shall without fault on its part be made a party to any litigation commenced by or against the other, then such other party shall pay all costs and reasonable attorney's fees incurred or paid by such party in connection with such litigation. Page 7of10 TENANT: Robert Nimes 4606 Rezanof Drive East Kodiak, Alaska 99615 Any such notices shall be deemed effective on the date of mailing or delivery. 16. Rights or Remedies. Except insofar as this is inconsistent with or contrary to any provision of this lease, no right or remedy herein conferred upon or reserved to Landlord is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder, or now or hereafter existing at law or in equity or by statute. 17. Waiver and Forbearance. Except to the extent that Landlord may have otherwise agreed in writing, no waiver by Landlord of any breach by Tenant of any of its obligations, agreements or covenants hereunder shall be deemed to be a waiver of any subsequent breach of the same or any other covenant, agreement or obligation. Nor shall any forbearance by Landlord to seek a remedy for any breach of Tenant be deemed a waiver by Landlord of its rights or remedies with respect to such breach. 18. Inspection. Landlord shall at all reasonable times during Tenant's business hours have access to the premises for the purpose of inspection. Landlord shall also be entitled to put "to lease" or "for lease" signs in and about the leased premises, and to show the leased premises to prospective tenants, during the last sixty (60) days of the lease term and any extended term, and during any period of time after Landlord has given Tenant a notice of intention to terminate under paragraph 15 of this lease. 19. Notices of Nonresponsibility. Landlord may enter the demised premises at any time for the purpose of posting notices of nonresponsibility. 20. Successors in Interest. This lease shall be binding upon and inure to the benefit of the respective heirs, successors and assigns of the parties hereto. 21. Holding Over. In the event that the Tenant holds over at or after the end of the term, the tenancy shall be needed a month -to -month tenacy commencing on the first day of the holdover period. 22. Memorandum of Lease. Tenant agrees that Tenant will not record this lease. At the request of either Landlord or Tenant, the parties shall execute a memorandum lease for recording purposes in lieu of recording this lease, in such form as may be satisfactory to their respective attorneys. 23. Estoppel Certificates. Tenant shall, at any time and from time to time upon not less than fifteen (15) days' prior request by Landlord execute, acknowledge and deliver to Landlord a statement in writing certifying that this lease is in full force and effect and unmodified (or in full force and effect and modified and stating the modifications), the dates to which the rent(s) and any other charges have been paid in advance, the date Tenant entered into occupancy of the leased premises and the date the lease term expires, the nature and amount of any claims of Tenant against Landlord arising as a result of this lease, and the existence and nature of any defenses or offsets claimed by Tenant against enforcement of this lease by Landlord; it being intended that any such statement delivered pursuant to this paragraph may be relied upon by any prospective purchaser or encumbrancer (including assignees) of the premises. In the event Tenant Page 8 of 10 fails so to certify within such fifteen (15) day period, Tenant shall be deemed to have certified and admitted the accuracy of information submitted by Landlord in good faith to any prospective purchaser or encumbrancer in respect to this lease. 24. Excuse for Nonperformance. Either party hereto shall be excused from performing any or all of its obligations hereunder with respect to any repair and construction work required under the terms of this lease for such times the performance of any such obligation is prevented or delayed by an act of God, floods, explosion the elements, war, invasion, insurrection, riot, mob violence, sabotage, terrorist activity, inability to procure labor, equipment, facilities, materials or supplies in the open market, failure of transportation, strikes, lockouts, action by labor unions, or laws or order of governmental agencies, or any other cause whether similar or dissimilar to the foregoing which is not within the reasonable control of such party. 25. Construction of Lease. This lease shall be governed by and construed in accordance with the laws of the State of Alaska. Words of gender used in this lease shall mean and include any other gender, and singular shall mean and include the plural and the plural the singular, where applicable, and when the sense requires. 26. Security Deposit. [NONE REQUIRED] 27. Condemnation. If the Leased Premises shall be taken or condemned for any public purpose to such an extent as to render the Leased Premises untenantable, this Lease Agreement shall, at the option of either party, cease and terminate as of the date when possession is taken. All proceeds from any taking or condemnation of the Leased Premises shall belong to and be paid to Landlord, and Tenant shall have no right to any portion of the amount that may be awarded or paid to Landlord as a result of such taking. Tenant shall be entitled to pursue any and all damages from the condemner personal to Tenant resulting from condemnation. 28. Subordination and Nondisturbance. This lease and all of the rights of Tenant hereunder are and shall be subject and subordinate to the lien of every deed of trust and every mortgage now or hereafter placed on the demised premises or any part thereof (except the property of Tenant and others stated to be removable under paragraph 4 of this lease), and to any and all renewals, modifications, consolidations, replacements, extensions or substitutions of any such mortgage or deed of trust ( "encumbrances "). Page 9 of 10 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day of , 2008.. TENANT: LANDLORD: THE KODIAK ISLAND BOROUGH Borough Manager, Rick Gifford ATTEST: Borough Clerk, Nova Javier, CMC Page l0 of 10 Robert Himes FIRE PROTECTION DISTRICT #1 Mike Dolph KODIAK ISLAND BOROUGH AGENDA STATEMENT JUNE 19, 2008 REGULAR MEETING ITEM NO: 13.C.1 TITLE: Ordinance No. FY2009 -02 Rezoning a Portion of Lot 1A -3, U.S. Survey 3465 From PL- Public Use Lands to RR1- Rural Residential One Zoning District. (P&Z Case 07 -001.) SUMMARY: The Planning and Zoning Commission and the Borough Assembly have previously approved the disposal of this Borough land to the adjacent landowner. This rezone case simply changes the zoning of the parcel and will be zoned into the same district as the zoning of the landowners parcel. That is, the portion of KIB land that is being disposed to this private party will be rezoned from PL- Public Use Lands to RR1- Rural Residential One. FISCAL NOTES: Account No.: N/A Amount Budgeted: N/A Expenditure Required: N/A APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Ordinance No. FY2009 -02 in first reading to advance to public hearing on July 3, 2008. DATE: June 5, 2008 TO: Rick Gifford, Borough Manager From: Subj: RE: Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kib.co.kodiak.ak.us MEMORANDUM Bud Cassidy, Director, Community Development Department Item for the June 19, 2008 regular Assembly Meeting Ordinance FY2009 -02. Transmittal of Rezone Case 08 -025, Rezone of a portion of Lot 1A -3, U.S. Survey 3465 from PL- Public Use Lands to RR1 — Rural Residential One in preparation of a land disposal from the Kodiak Island Borough to Robert and Earlene Berg. The Planning and Zoning Commission and the Borough Assembly have previously approved the disposal of this approximately 7,000 square feet of Borough land to the adjacent landowner. This rezone case simply changes the zoning of the parcel as it is incorporated into the landowners parcel. A land survey (plat) to consummate this borough land into the landowners parcel has been approved by the commission and is pending final administrative review and recording. Final closing of this land transaction will result with a quitclaim deed issued by the Borough to the Bergs. This rezoning puts everything in place in preparation of a closing. The attached packet includes meeting materials and a recommendation by the Kodiak Island Borough Planning and Zoning Commission (P &Z) and is hereby transmitted for consideration by the Kodiak Island Borough Assembly, as provided for in KIBC 17.72.055. The Planning and Zoning Commission at their meeting on May 21, 2008 moved to forward the request, recommending approval, to the Borough Assembly. The Commission found the request to be generally consistent with the objective of the Kodiak Island Borough Comprehensive plan. Attachments: Agenda Statement; Draft Ordinance; Staff Memorandum & Packet; Draft meeting minutes. KODIAK ISLAND BOROUGH ORDINANCE NO. FY2009 -02 Introduced by: Manager Gifford Requested by: Manager Gifford Drafted by: Director Cassidy Introduced: 06/19/2008 Public Hearing: Adopted: AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH REZONING A PORTION OF LOT 1A -3, U.S. SURVEY 3465 FROM PL — PUBLIC USE LANDS TO RR1 - RURAL RESIDENTIAL ONE ZONING DISTRICT. (P82 CASE 07 -001) WHEREAS, the petitioner of this rezone request has indicated a desire to purchase Borough land and the Planning and Zoning Commission and Borough Assembly have agreed to sell a portion of borough land adjacent to the petitioner's residence; and WHEREAS, the purchase of KIB real property requires the petitioner to, among other things, have the parcel of Borough land rezoned to the same zoning district as the petitioner's master parcel; and WHEREAS, the P &Z Commission held a public hearing on May 21, 2008 to rezone approximately 7,000 square feet of KIB real property from PL- Public Use Lands to RR1- Rural Residential One zoning district; and WHEREAS, the Commission found that the rezone request to be generally consistent with the Kodiak Island Borough Comprehensive Plan; and WHEREAS, the Commission recommends that the Kodiak Island Borough Assembly rezone approximately 7,000 square feet of Lot 1A -3, U.S. Survey 3465 from PL- Public Use Lands to RR1- Rural Residential One Zoning District. NOW, THEREFORE BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that Section 1: This ordinance is not of general application and shall not be codified. Section 2: This ordinance applies to a portion of Lot 1A -3, U.S. Survey 3465 which will be rezoned from PL — Public Use Lands to RR1 - Rural Residential One. Section 3: The findings of the Kodiak Island Borough Planning and Zoning Commission are hereby confirmed as follows: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. Kodiak Island Borough Ordinance No. FY2009 -02 Page 1 of 2 The rezone is needed and justified because the owner is entitled to consistent application of the building setback requirements. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A rezone from PL- Public Use Lands to RR1 -Rural Residential One Zoning district is consistent with the 2008 Kodiak Island Borough Comprehensive Plan. Section 4: The rezone of the said property is subject to the following effective clauses: 1. The rezone become effective upon the recordation of the companion plat legally describing the land; and 2. The rezone becomes effective upon the final closing of this land disposal and the issuance of a quitclaim deed from the Borough to the petitioner. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF , 2008 KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Borough Mayor Nova M. Javier, CMC, Borough Clerk Kodiak Island Borough Ordinance No. FY2009 -02 Page 2of2 C L Public Hearing Item VI -C P &Z Regular Meeting, May 21, 2008 6) , ti KODIAK ISLAND BOROUGH - COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Rd., Room 205, KODIAK, AK 99615 -6398 (907) 486 -9363 - FAX (907) 486 -9396 www.kib.co.kodiak.ak.us Property owner's name 0) 3S 6 1 Property owner's City Lg e L U ) t Home phone Agent's name (If applicable) Agent's mailing address City Home phone Applicant Information e VA- l k.V mailing address State Wit Er Zip Work Phone E -mail Addr. State Zip Work Phone E -mail Addr. Property Information 6, 501 602-3 Property ID Number /s Legal Description Current Zoning: Applicable Comprehensive Year of Plan adoption: Code Section(s) Involved: Variance (KIBC 17.66.020) $250.00 Conditional Use Permit (KIBC 17.67. Other (appearance requests, si )G Zoning change fro STAFF USE X n g«c ONLY -tea f "4. 33 (�-. t8 FIC4►s .u�i k1E01240 ZUN1N6 Application received by: Staff signature PgIg 0.B) $250.00 review, etc.) $150.00354.0(1 (KIBC 17.72.p ax s.a stap h Kodiak AK 9'4611 (9@7) 486 -93; 4 01--3 U5S 3q-c s Present Use of Property: U Plan: 'ZX0 I (6 0 (awP i Proposed Use of Property: (k, Zi V. VIA- t.)-\4 (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) Applicant Certification I hereby certify as the property owner /authorized agent that this application for Planning and Zoning Commission review is true and complete to the best of my knowledge and that it is submitted in accordance with the requirements of the applicable Kodiak Island Borough Code, which includes a detailed site plan for variance and conditional use requests and which may include optional supporting documentation as indicated below. Additional Narrative /History As -built Survey Photographs Maps Other Property Owner's Sign a Date Authorized Agent's Signature Date 1A development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority. (Source: The New Illustrated Book of Development Definitions, ©1993 by Rutgers University) PAYMENT VERIFICATION :: Lonin +: E.:li. nge, • (per 1 Assenlipi .i;:','4(;i,'.BPif., ,11 y €. 29f15) €tuna L7 a crs . s • 1,76 8•• .".l,O' acres a?) -025 Current Location P & Z Case # 08-025 Berg, Erlene & Robert Request: A Rezone, according to KIBC 17.72.030 C, of a portion of United States Survey 3465 Lot 1A -3, from PL- Public Use Land to RR1- Rural Residential One Portion of USS 3465 Lot 1A-3 subject to rezone request i 0 0 Legend USS 3466 Lot 1 (Berg residence) w Parcels Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up -to -date. Kodiak Island Borough Community Development Department. Current Zoning P & Z Case # 08 -025 Berg, Erlene & Robert Request: A Rezone, according to KIBC 17.72.030 C, of a portion of United States Survey 3465 Lot 1A -3, from PL- Public Use Land to RR1 -Rural Residential One Portion of USS 3465 Lot 1A-3 subject to rezone request Legend USS 3466 Lot 1 (Berg residence) Business Conservation Industrial Light Industrial Natural Use Public Use Single Family Residential 1 1 ei. Two Family Resic Multi Family Resi, Retail Business Rural Residential Rural Residential Rural Residential Split -Lot Zone Map prepared for the purpose of showing the Zoning of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up- to-date. Kodiak Island Borough Community Development Department. This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department prior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486 -9396. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The toll free telephone number is 1- 800 - 478 -5736. One week prior to the regular meeting, on Wednesday, May 14, 2008, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: ffet. ar/T /t/ Mailing Address: ¢ Po .dam /2 7 S Your property description: /VPer Odor? Comments: ie...9f ,5 2 ---- s � MAY -6 21108 - ' COMMUNITY DEVELOPMENT DEPARTMENT 7 CASE: APPLICANT: REQUEST: LOCATION: ZONING: KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, May 21, 2008. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: 08 -025 Public Hearing Item VI -C Robert & Earlene Berg A Rezone, according to KIBC 17.72, of a portion of United States Survey 3465 Lot 1A -3, from PL- Public Use Land to RR1 -Rural Residential One. (Related to approved land disposal, Case No. 07 -001) Scout Circle PL- Public Use This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department prior to the meeting. If you would like to fax comments to your us, our fax number is: (907) 486 -9396. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The toll free telephone number is 1- 800 -478 -5736. One week prior to the regular meeting, on Wednesday, May 14, 2008, a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. j�',, Your Name: t�� / / rill Mailing Address: Al Y GI r, Your property deacripdon: � -07 2' i 3 4 4,(4. — E `er " 1.=:<'/ Comments: ,.- A4 4i / W F/4-U ' 6,1 A/H) .¢4 cJ 1 it-L; ow Cs © A r' or./ 7 4fooG -er i . / , e% 6/s Td ,e/ f: '6404L is „r,.�� C:51 r rr 1 1 111 INI � , 1 1 t 1 < _ , ; � I — , i s • A public hearing will be held on Wednesday, May 21, 2008. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: REQUEST: LOCATION: ZONING: KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -C PUBLIC HEARING NOTICE 08 -025 Robert & Earlene Berg A Rezone, according to KIBC 17.72, of a portion of United States Survey 3465 Lot 1A-3, from PL- Public Use Land to RR1 -Rural Residential One. (Related to approved land disposal, Case No. 07 -001) Scout Circle PL- Public Use DATE: April 4, 2008 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the May 21, 2008 Regular Meeting CASE: 08 -025 APPLICANT: Berg, Erlene and Robert REQUEST: A Rezone, according to KIBC 17.72.030 C, of a portion of United States Survey 3465 Lot 1A -3, from PL- Public Use Land to RR1- Rural Residential One LOCATION: Terminus of Scout Circle — between Dark and Island Lakes. ZONING: PL- Public Use Zoning District Fourteen (14) public hearing notices were mailed on April 16, 2008 Two (2 ) public comments have been received supporting the request. No (0) public comments have been received opposing the request. Date of site visit: 1. Zoning History: The 1968 Comprehensive Plan identified this area as Residential Unclassified. The 2008 Comprehensive Plan identifies this area as PL- Public Use Zoning District. 2. Lot Size and Land Use: Approximately 6,000sqft - Vacant 3. Surrounding Land Use and Zoning: North: United States Survey 3465 Lot 1A -3 Use: Vacant Zoning: PL- Public Use Zoning District South: Lake Shore Estates Lot 4 Use: Vacant Zoning: RR -1 Rural Residential Zoning District East: Lakeside 2 Lot 2A Use: Vacant Zoning: PL- Public Use Zoning District West: Dark Lake Use: Vacant Zoning: Not Applicable Case 08- 025 /Staff Report MEMORANDUM Public Hearing Item VI -C Various Page 1 of 5 P & Z: May 21, 2008 Public Hearing Item VI -C 4. Comprehensive Plan: The 2008 Comprehensive Plan identifies this area as PL- Public Use Zoning District. 5. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: KIBC 17.02.020 Reference and use. In accordance with Alaska Statutes, zoning decisions shall be based upon the recommendations contained in the comprehensive plan. 17.72.030 Manner of initiation. Changes in this title may be initiated in the following manner: C. By petition of one or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development office, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. 17.72.055 Submission to assembly. A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.72.070, by the borough clerk. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. COASTAL MANAGEMENT APPLICABLE POLICIES Residential Development 1. Location In areas with poorly draining soils, development where feasible shall be connected to a sewer line. Where this is not feasible, onsite facilities shall be designed so as not to cause conditions that will pollute rivers, lakes, and other water bodies, including the ground water supply. Consistent: Not applicable. This area is served by public sewer and water. Case 08- 025 /Staff Report Page 2 of 5 P & Z: May 21, 2008 Consistent: Case 08 025 /Staff Report Public Hearing Item VI -C 2. Open Space Green areas and open space shall be retained to the maximum extent feasible and prudent when land is subdivided. Consistent: Yes. This action is consistent with a prior review of a disposal request (P & Z Case No. 07 -001), and is contemporaneous with the required subdivision action. 3. Access New subdivisions or other residential developments on the shoreline shall provide usable public access to and along the shoreline, extending the length of the development, to the extent feasible and prudent. No. The approved disposal did not include a reservation of public access along the waterfront portion of the disposal. 4. Hazardous Lands Development shall not occur in hazardous areas such as avalanche runout zones, active floodplains, and high water channels to the extent feasible and prudent. Siting, design, and construction measures to minimize exposure to coastal erosion, mass wasting and historic tsunami run -up shall be required to the extent feasible and prudent. Consistent: Not applicable. This is not an identified hazardous area. 5. Wetlands Filling and drainage of water bodies, floodways, backshores, and natural wetlands shall be consistent with ACMP Standards 6 AAC 80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats). Consistent: Not applicable. This action will not result in fill or drainage of water bodies, floodways, backshores or wetlands. Page 3 of 5 P & Z: May 21, 2008 Case 08- 025 /Staff Report COMMENTS Public Hearing Item VI -C The purpose of this request is to conform the zoning of that disposed portion of United States Survey 3465 Lot 1A -3 (P & Z Case No. 07 -001) to the current zoning of the abutting residential lot, United States Survey 3466 Lot 1. BACKGROUND The portion of United States Survey 3465 Lot 1A -3 subject to this rezone request has been acquired by the applicants through a negotiated land disposal action with the Kodiak Island Borough. The Planning Commission approved this disposal at a previous meeting, Case No. 07 -001, and it is important to remove any ambiguity regarding the applicable building setback requirements prior to the applicant's proposed building development. CONFORMANCE WITH THE COMPREHENSIVE PLAN: A rezone from PL- Public Use Zoning District to RR -1 Rural Residential Zoning District would not be inconsistent with the 2008 KIB Comprehensive Plan. ZONING /USE: The area is a low density residential use area, and a rezone would be consistent with the general neighborhood character. LAND SUITABILITY: The proposed rezone area is eminently suitable for the propose use, i.e., residential. RECENT DEVELOPMENT TRENDS IN THE AREA: The general neighborhood has been rather static with respect to recent development. It is expected that the use will continue to be predominately single - family residential. TRAFFIC IMPACTS: No negative traffic impacts may be expected as a result of this rezone action. Page 4 of 5 P & Z: May 21, 2008 Public Hearing Item VI -C RECOMMENDATION Staff recommends that the Commission approve this rezone request. Should the Commission agree with staff recommendation, the appropriate motion is: APPROPRIATE MOTION #1 Move to recommend the Kodiak Island Borough Assembly approve a Rezone, according to KIBC 17.72.030 C, of a portion of United States Survey 3465 Lot 1A -3, from PL- Public Use Land to RR1 -Rural Residential One, and to adopt the findings of fact in the staff report dated April 4, 2008 as Findings of Fact for Case No. 08 -025. Staff recommends that this motion be passed. FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. A rezone from PL- Public Use Zoning District to RR -1 Rural Residential Zoning District is justified because the property owner is entitled to consistent application of building setback requirements. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A rezone from PL- Public Use Zoning District to RR -1 Rural Residential Zoning District would be consistent with the 2008 KIB Comprehensive Plan. Case 08- 025 /Staff Report Page 5 of 5 P & Z: May 21, 2008 creation of a new service district to provide road maintenance for this public road or successfully complete an amendment to the boundaries of the Womens Bay Road Service Area to include Seaview Estates Subdivision within this existing road service district. 5. Obtain approval for the public safety access from the local State Fire Marshal representative through the City of Kodiak Fire Department. The question was called, and it CARRIED 6 -0. COMMISSIONER JANZ MOVED TO AMEND the motion to read "grant a two (2) year extension (until March 15, 2010) of preliminary plat approval of the subdivision of a portion of Lot 29A, USS 2539, creating Lots 1 thru 11, and Tract A, Seaview Subdivision subject to the following, amended conditions of approval. The motion was SECONDED by COMMISSIONER WATKINS. The question was called, and it CARRIED 6 -0. r C. Case 08 -025. Request a rezone, according to KIBC 17.72, of a portion of USS 3465, Lot 1A- 3, from PL- Public Use Land to RR1 -Rural Residential One. (Related to approved land disposal, Case No. 07 -001). Cassidy stated this land has been approved for sale by both the Planning and Zoning Commission and the Assembly. This action will zone it from PL- Public Use to RR1 -Rural Residential so that there will not be split lot zoning. COMMISSIONER HARRINGTON MOVED to recommend the Kodiak Island Borough Assembly approve a rezone, according to KIBC 17.72.030.C, of a portion of USS 3465, Lot 1A- 3, from PL- Public Use Land to RR1 -Rural Residential One, and to adopt the findings of fact in the staff report dated April 4, 2008 as Findings of Fact for Case No. 08 -025. COMMISSIONER JANZ SECONDED the motion. Close Regular Meeting: Open Public Hearing: Close Public Hearing: Open Regular Meeting: A brief discussion FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. A rezone from PL- Public Use Zoning District to RR -1 Rural Residential Zoning District is justified because the property owner is entitled to consistent application of building setback requirements. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A rezone from PL- Public Use Zoning District to RR -1 Rural Residential Zoning District would be consistent with the 2008 KIB Comprehensive Plan. LThe question was called, and it CARRIED 6 -0. Kodiak Island Borough P&Z Meeting Minutes May 21, 2008 Page 4 of 9 TITLE: Vacation of a 10 -Foot Wide Utility Easement Located Along the East Side of Bells Flats Alaska Subdivision, Tract D -2. (Case S08 -016) SUMMARY: The KIB Planning and Zoning Commission approved the above referenced easement vacation after a public hearing was held on May 21, 2008. In this case, the Kodiak Island Borough Assembly is the applicable review body. The Assembly must review the vacation request in accordance with the following standards: Kodiak Island Borough Code Section 16.60.060 states: A. "A decision to grant a vacation is not effective unless approved by the city council if the vacated area is within a city or by the assembly if the vacated area is within the borough outside a city. The council or assembly shall have thirty (30) days from receipt of the decision to veto the vacation. If the vacation is not vetoed within the thirty (30) day period, the consent of the council or assembly shall be considered to have been given to the vacation." Attached is a copy of the decision letter, meeting minutes, and relevant maps depicting the general area and a sketch plan of the easement vacation. Additional information is available in the case file for Subdivision Case S08 -016, which can be made available for review by the Assembly if requested. FISCAL NOTES: Account No. N/A Amount Budgeted: N/A Expenditure Required: N/A APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT JUNE 19, 2008 REGULAR MEETING Jf6$ ITEM NO: 13.D.1 RECOMMENDED MOTION: Move to approve the vacation of a 10 foot wide utility easement as depicted on the sketch plan for Case S08 -016. Current Location 220 'Sargent Creek Rd. Agenda Item # VI E P & Z Case :# S08 -016 Jeff Steele Request an easement vacation, according to KIBC 16.60, to vacate a 10 foot wide utility easement located along the east side of Bells Flats Alaska Subdivison, Tract D -2. It is zoned - Industrial: Legend subject parcel notification area N 0 500 1,000 Feet Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data, National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up -to -date. Kodiak Island Borough Community Development Department. MEMORANDUM DATE: May 14, 2008 TO: Planning and Zoning Commission FROM: Community Development Department SUBJ: Information for the May 21, 2008 Regular Meeting CASE: S08 - 016 APPLICANT: Jeff Steele REQUEST: An easement vacation, according to KIBC 16.60, to vacate a 10- foot wide utility easement located along the east side of Bells Flats Alaska Subdivision, Tract D -2. LOCATION: 220 Sargent Creek Road ZONING: I- Industrial Zoning District Ten (10) public hearing notices were mailed on April 15, 2008. 1. Minimum lot size: 20,000 Square Feet Compliance: Yes 2. Minimum lot width: 75 Feet Compliance: Yes 3. Existing land use(s): Warehouse and storage 4. Existing structures on the property: Yes Industrial warehouse /Outdoor storage Compliance with setbacks: Yes Compliance with other zoning regulations: Yes Encroachments: N/A 5. Topography: Relatively flat Provides good building sites: Yes Provides good parking areas: Yes Allows driveway construction to meet maximum slope requirement: Yes 6. Physical Features: Wetlands, streams, drainage courses: N/A Need for driveway /access restrictions: N/A Adequate line of sight: N/A Adequate access for additional traffic volume: N/A Case S08 -016 /Staff Report Public Hearing Item VI -E Page 1 of 5 P & Z: May 14, 2008 Case S08- 016 /Staff Report Public Hearing Item VI -E Adequate access from a safety standpoint: N/A Neighborhood character: Low Density Residential and Industrial Double frontage lots: N/A Flag lots: N/A Adequate access for fire apparatus: N/A Utility installation meets Title 13: N/A Common wall or zero -lot line: No Frontage on dedicated public right -of -way: Yes Other road and utility improvements required before final approval: No 7. Existing Plat Restrictions: No Compliance: Yes APPLICABLE CODE PROVISIONS Per Kodiak Island Borough Code 16.20.100 Easement. An interest in land owned by another that entitles the easement holder to a specified limited use or enjoyment. Per Kodiak Island Borough Code 16.20.260 — Vacation. The act of making legally void any right -of -way, easement, public area, or other public interest. Per Kodiak Island Borough Code 16.20.160 Plat. A map or chart of a surveyed subdivision of land. B. Preliminary plat. A map showing the salient features of a proposed subdivision of land submitted to the commission for purposes of preliminary consideration and approval. C. Per Kodiak Island Borough Code 16.40 — Preliminary Plat: ....in whole..... Per Kodiak Island Borough Code 16.60.010 — Generally. The commission shall consider the merits of each vacation request and in all cases the commission shall deem [italics added] the area being vacated to be of value to the borough or a city unless proven otherwise. The burden of proof shall lie entirely with the petitioner. Per Kodiak Island Borough Code 16.60.030 — Required application. In submitting a vacation application, the applicant shall submit the following items to the community development department director by the deadline established for the commission agenda (the Friday after the regular monthly meeting) to be considered at the next regular meeting. A. A written statement containing reasons in support of the vacation. Page 2 of 5 P & Z: May 14, 2008 B. Case S08- 016 /Staff Report Public Hearing Item VI -E B. A map illustrating the area to be vacated. The map must also show the outer boundary of the property receiving the benefit of the dedication and the location of all known public improvements within the area being vacated. Per Kodiak Island Borough Code 16.60.060 — Additional Approval required. A. A decision to grant a vacation is not effective unless approved by the city council if the vacated area is within a city or by the assembly if the vacated area is within the borough outside a city. The council or assembly shall have thirty (30) days from receipt of the decision to veto the vacation. If the vacation is not vetoed within the thirty (30) day period, the consent of the council or assembly shall be considered to have been given to the vacation. A veto or approval of a vacation under subsection A of this section is a final legislative decision and is not subject to administrative appeal. However, where a vetoed vacation had received administrative approval in conjunction with the preliminary plat for a subdivision, the preliminary plat approval without the vacation is subject to a petition for reconsideration under section 16.90.010 of this title. Per Kodiak Island Borough Code 17.03.010 Application of provisions. The provisions established by this title for each district are minimum regulations and apply uniformly to each class or kind of structure or land. 17.03.020 Conformity with regulations required. No building, part of a building, or any land shall be used, occupied, erected, moved, or altered unless in conformity with the provisions of this title for the district in which the building or land is located. 17.03.030 Alteration or erection of structures. No structure shall be erected or altered to exceed the height, to accommodate or house a greater number of families, to occupy a greater percentage of lot area, to have a narrower or smaller front yard, side yard, or rear yard, than is specified in this title for the district in which the structure is located. 17.03.060 Zoning compliance. Zoning compliance is required for site grading (excavation and fill), erection, construction, establishment, moving, alteration, enlargement, repair, or conversion of any building or structure in any district established by this title, subject to the following: A. An application for zoning compliance will be filed with the community development department on a form provided by the department. If the application meets the requirements of this title, as verified in the department, and other applicable regulations, a permit will be issued. An as -built of the property may be required to ensure that applicable requirements can be met, when existing structures are located on the property. Any zoning compliance permit issued is subject to the same expiration, suspension, and revocation provisions as a building permit issued for the same construction project (See Uniform Building Code 303(d) and (e), as currently adopted under section 15.02.020 of this code). Page 3 of 5 P & Z: May 14, 2008 Public Hearing Item VI -E COASTAL MANAGEMENT APPLICABLE POLICIES The KIBCMP does not address minor boundary changes to existing lots and rights -of- way. REVIEW AGENCY COMMENTS Alaska Dept of Transportation & Public Facilities — No comments rec'd Fire Marshall — No comments rec'd Island Cable TV, Inc. — No comments rec'd Kodiak Island Borough E &F — No comments rec'd Kodiak Electric Association Engineering Department — No comments rec'd U. S. Army Corp of Engineers — No comments rec'd RIGHT -OF -WAY VACATION(S) The petitioner has requested the vacation of a 10 foot wide utility easement generally located along the east side of Tract D -2, Bells Flats Alaska Subdivision according to plat 88 -020. In the application, petitioner has provided an as -built survey which shows the easement to be vacated (hatch lines) and a narrative description of the reasoning put forth for the requested vacation. KIBC 16.60 requires the Commission to presume that the (proposed) vacated area has value to the public unless the petitioner can document otherwise. The commission may request additional information of the petitioner if it feels that additional information is required to supplement the record for this case. Staff notes that none of the review agencies has commented on this request as of the preparation of this staff report. Comments adverse to the request may still be received prior to the actual public hearing on this case. Should the Commission approve the requested vacation, the case must be submitted to the KIB Assembly for final review. Then the petitioner will need to apply for an abbreviated plat to perfect the vacation as provided by KIBC 16.60. Case S08 -016 /Staff Report STAFF COMMENTS Page 4 of 5 P & Z: May 14, 2008 Staff recommends preliminary approval, in accordance with KIBC 16.60, of a vacation of the 10 foot utility easement, subject to Commission discretion, and appropriate conditions of approval. CONDITIONS OF APPROVAL Case S08 -016 /Staff Report RECOMMENDATION APPROPRIATE MOTION Public Hearing Item VI -E Move to grant preliminary approval of a vacation, according to KIBC 16.60, of a 10 -foot utility easement along the east side of Tract D -2, Bells Flats Alaska Subdivision, as shown on the attached as -built survey, subject to two (2) conditions of approval, and to adopt the findings in the staff report dated May 14, 2008 as findings of fact in this case. 1. The vacation must be forwarded to the Kodiak Island Borough Assembly for review prior to final plat approval. 2. The petitioner must submit an abbreviated plat depicting the approved vacation in order to complete the easement vacation process. FINDINGS OF FACT 1. This request for replat meets the minimum data required per Kodiak Island Borough Code 16.60, generally. 2. This request for replat meets the minimum design requirements per Kodiak Island Borough Code 16.60, generally. 3. This request for vacation does not unduly diminish the public's interests. 4. This request for vacation does not unduly prejudice surrounding private property interests. Page 5 of 5 P & Z: May 14, 2008 Kodiak Island Borough Planning and Zoning Commission 710 Mill Bay Road Kodiak, AK 99615 2 Sargent Creek Rd. Jeff Steele, Manager Bells Flats, Kodiak, AK 99615 P.O. Box 3476 907 - 487 -2588 Kodiak, AK 99615 907 - 487 -2248 Fax 907- 487 -2515 Dear Commissioners: STEELE PROPERTIES STORAGE March 21, 2008 Re: Application for Vacation of 10' Utility Easement Adjacent to East Boundary of Tract D -2 of Tract A of the Bells Flats Alaska Subdivision per Plat 88 -20 Street Address: 220 Sargent Creek Road Owner: Jeff Steele I would like to have an existing utility easement affecting the eastern ten feet of my property at 220 Sargent Creek Road (Tract D -2 of Tract A of the Bells Flats Alaska Subdivision) vacated so that I may more fully utilize that lot. Accompanying this application is an As -Built Survey of Tract D -2 which shows the utility easement in question adjacent to the east boundary of that lot. There are no utilities or other public improvements within the easement I am asking be vacated, nor is there any reasonable prospect of utilities ever actually being located within this easement in the future. All utilities servicing Tract D -2 are constructed within a sizeable utility easement which runs along the front boundary of that lot, which is adjacent to Sargent Creek Road. As you can see from the As -Built Survey, the utility easement running along Sargent Creek Road takes up a significant portion of my lot, It is 26.77 feet wide to begin with (at the southernmost boundary of Tract D -2 and gradually increases in width along a curve. At the north end of my lot, that easement takes up more than half of the 142.97' lot width. In view of the existence of this very large utility easement along the west side of my property, I feel it is only fair and appropriate that the smaller, unused utility easement along its east side be vacated. There is no prospect of the east -side utility easement ever actually being used because the property to the immediate east of Tract D -2 is owned by the U.S. Coast Guard. Sargent Creek is on the Coast Guard property at this point and runs more or less parallel to my eastern boundary. The northern boundary of Tract D -2 front on a public right of way and I own Tract D -1 adjacent to the southern boundary. As with Tract D -2, all utilities servicing Tract D -1 come in from the 142 Sargent Creek Rd. Bells Flats, Kodiak, AK 99615 907 - 487 -2588 west (Sargent Creek Road) side of that lot. STEELE PROPERTIES STORAGE I ask that you approve vacation of this unused utility easement without delay. I understand that I must then perfect the vacation by have a new plat prepared and filed within 24 months from the date of approval. I will be glad to answer any questions you might have concerning this application. Sincerely yo Jeff Steele Jeff Steele, Manager P.O. Box 3476 Kodiak, AK 99615 907 - 487 -2248 Fax 907 - 487 -2515 AS -BUILT SURVEY PRIPAHm Bn HORIZON LAND SURVEYING INC. P.O. BOX 1945 KODIAK ALASKA 99615 907 } 486 -6506 SURVEYORS CERTIFICATE 1 HEREBY CERTIFY THAT 1 HAVE SURVEYED THE FOLLOWING DESCRIBED PROPERTY: TRACT. D-2 OF TRACT A OF THE BELLS FLATS ALASKA SUBDIVISION PER PLAT 88-20 N THE KOOIAK RECORDING DISTRICT, KOOIAK ALASKA Alb THAT THE IMPROVEMENTS SITUATED THEREON ARE WITH. ; N THE PROPERTY LI*S AND 00 NOT OVERLAP OR ENCROACH ON THE PROPERTY LYING ADJECENT THERETO, THAT NO IAPROVEAENTS ON PROPERTY Lyme ADJACENT THERETO EN- CROACH ON THE PRI:MDE3 IN QUESTION AND THAT THERE ARE NO ROADWAYS, TRANSMSS/ON LIES OR OTHER VISIBLE EASEMENTS ON SAO PROPERTY EXCEPT A3 INDICATED HEREON DATED THIS DAT OF LG. BERGEE xAt Cz r = 40' • I aTE 19 REGISTERED LAND SURVEYOR MAY 1011993 CERTIFICATE OF APPAOVAL BY A.D.E.C. � ��.: ' �',�.�.y...:. ,a �- 1B11-iD-c�1 i ��,�/� . . + j/' . . 'v, � i a.�� f,.� �� ' . � �-�.+� : y` - i om_.y�G1. b„�! I ��._ .�� _.C� !.S" �t , � �� '� � \ � � _ \�� ,» s `/ . ... , //x T � ,�: � � �." '_"��. -Q� �....+�{�.QYI � _.__ "� x.,.� �� OMNERSHiP AFFIOAVIT w�m �. f.w . �� < NOTAqY'S ACKNOYLEDGMENT . � �� • � wr nvan. eao KAOSAIf IiIM MIGYAW /CANVlNi 4O ZIIWINQ Cd/lllflOV °�'- "...G�s� `. �1ECEIVEO /I�i:i IPP/MYm /��/lPJ �;`' 3L..P ., , . � '4.'� nu��«.H fc � _..LL a.��e_:�,�.�t� ^ � ��. i $;:' � ..w... n n. � r ,ouR r..r w....u�nr �.v �'1�-� � �_a.ro�� - ia� �•,w.aV•� eaw.av re�ra. eara.av tvac �rwa.wi ewa�cnv ir � �SUAVEYOR'S CERTIFICITE �� y o� �r��/Pl �.u.n�.n...�. lrc� f�REPAAEO FQ9.' � . ..SE OF A{ i . � ,Wr' �{��. o;f,.p � ANC1 A �.LI /iJ i ��,:b9.+ni �>v�g Y.AR'A � dIHM � ..... .. ... . �l .M6 O-�/ Y, f.I. •�:�,:•�.:'._'�'v+�' � Ir.AT M.M-+ This notice is the request. to the Community our fax number during the appropriate The toll free One week prior the Kodiak Island Kodiak Island decision on this at 486 -9363. Your Name: being sent to you because our records indicate you are a property owner /interested party in the area of If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter Development Department prior to the meeting. If you would like to fax your comments to us, is: (907) 486 -9396. If you would like to testify via telephone, please call in your comments public hearing section of the meeting. The local call -in telephone number is 486 -3231. telephone number is 1- 800 -478 -5736. to the regular meeting, on Wednesday, May 14, 2008, a work session will be held at 7:30 p.m. in Borough Conference Room ( #121), to review the packet material for the case. Borough Code provides you with specific appeal rights if you disagree with the Commission's request. If ou have any questions about the request or your appeal rights, please feel free to call us Sl WAR,✓ , tc,S , . /�� IGLU-°' Mailing Address: c--k \ I 6 C - 1.04 ,4 Your property description: Comments: uiy i C. Tt -Nx NO OBJECTIONS ALAS OMM 1 ICATIONS SYSTEMS +, ®Y: re ati . ATE :47/_021 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -E PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, May 21, 2008. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: S08 - 016 APPLICANT: Jeff Steele REQUEST: An easement vacation, according to KIBC 16.60, to vacate a 10 foot wide utility easement located along the east side of Bells Flats Alaska Subdivison, Tract D -2. LOCATION: 220 Sargent Creek Road ZONING: I- Industrial t D. Case S08 -015. Request for preliminary approval, according to KIBC 16.40, of the replat of USS 3466, Lot 1 and USS 3465, Lot 1A -3, creating USS 3466, Lot 1A and USS 3465, Lot 1A- 3A. The location is 2709 Dark Lake Rd and adjoining lot on Scout Circle and the zoning is RR1- Rural Residential One & PL- Public Use. Cassidy reported this subdivision case is being done for the same reason as the previous rezone case. The Borough is transferring property to an adjacent property owner which requires survey work that relocates and changes the land boundary line. Staff recommends approval. COMMISSIONER WATKINS MOVED to grant preliminary approval, according to KIBC 16.40, of a replat of USS 3466, Lot 1, and USS 3465, Lot 1A -3, creating USS 3466, Lot 1A and USS 3465, Lot 1A -3A and citing the findings of fact in the staff report. The motion was SECONDED by COMMISSIONER JANZ. Close Regular Meeting: Open Public Hearing: Lorna Arndt asked if it's going to be zoned RR1 and PL. COMMISSIONER WATKINS explained it will be both until it's approved by the Assembly. Close Public Hearing: Open Regular Meeting: COMMISSIONER WATKINS MOVED TO AMEND the motion to change US Survey 3466 Lot 1A to read US Survey Lot 1. The motion was SECONDED by COMMISSIONER HARRINGTON. FINDINGS OF FACT 1. This plat meets the minimum standards of survey and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. The question was called on the amended motion, and it CARRIED 6 -0. The question was called on the main motion, and it CARRIED 6 -0. r E. Case S08 -016. Request an easement vacation, according to KIBC 16.60, to vacate a 10 foot ` wide utility easement located along the east side of Bells Flats Alaska Subdivision, Tract D -2. The location is 220 Sargent Creek Road, and the zoning is I- Industrial. Cassidy reported this subdivision is to remove a utility easement in the back of this property. The owner wants to construct there. All utility companies who returned comments stated no objection. Staff recommends this be approved and forward to the Assembly COMMISSIONER JANZ MOVED to grant preliminary approval of a vacation, according to KIBC 16.60, of a 10 -foot utility easement along the east side of Tract D -2, Bells Flats Alaska Subdivision, as shown on the attached as -built survey, subject to two (2) conditions of approval, and to adopt the findings in the staff report dated May 14, 2008 as findings of fact in this case. The motion was SECONDED by COMMISSIONER WATKINS. Kodiak Island Borough P &Z Meeting Minutes May 21, 2008 Page 5 of 9 Close Regular Meeting: Open Public Hearing: Close Public Hearing: Open Regular Meeting: A brief discussion. CONDITIONS OF APPROVAL 6 1. The vacation must be forwarded to the Kodiak Island Borough Assembly for review prior to VVVV final plat approval. 2. The petitioner must submit an abbreviated plat depicting the approved vacation in order to complete the easement vacation process. FINDINGS OF FACT 1.This request for replat meets the minimum data required per Kodiak Island Borough Code 16.60, generally. 2.This request for replat meets the minimum design requirements per Kodiak Island Borough Code 16.60, generally. 3.This request for vacation does not unduly diminish the public's interests. 4.This request for vacation does not unduly prejudice surrounding private property interests. L __-me question was called, and it CARRIED 6 -0. F. Case 08 -024. Request a variance, according to KIBC 17.66, to allow a proposed single - family dwelling to encroach no more than ten (10) feet into the required twenty -five (25) foot front yard setback, per KIBC 17.18.050 A. Cassidy reported this case is where the owner wants to construct a building no more than 10 feet into the required 25 foot front yard setback. Because the owner wasn't sure of the amount the variance would be we have asked that the case be postponed and a drawing be provided so we don't have to visit this later because 10 feet isn't enough. COMMISSIONER JANZ MOVED TO POSTPONE Case 08 -024 and schedule it for the June 18 regular meeting. The motion was SECONDED COMMISSIONER JANZ. Close Regular Meeting: Open Public Hearing: Lorna Arndt spoke opposing this request. Close Public Hearing: Open Regular Meeting: A brief discussion. The question was called, and it CARRIED 6 -0. G. 08 -026. Request a review of Proposed Winter Rules for the use of local lakes recommended by the KIB Parks and Recreation Committee March 25, 2008. The location is Island Lake, Dark Lake, & Mission Lake. Kodiak Island Borough P &Z Meeting Minutes May 21, 2008 Page 6 of 9 Kodiak Arts Council [ ._.FTAKER ATTENDEES ABSENT Af;ICI t)A [MINUTES coroN ()U) BUSINP:;S NEW BUSINESS DATE: MAY 1, 2008 DATE: Mar. 26, 2008 CeCe moved to approve. Cathy seconded the motion. Passed. EINAN(:IAI.: RE' ATE. Andrew reported we are right on target. CeCe moved to accept the financial report. Seconded by Heather - %ssing guards — Aldona needed two more volunteers. Kerry and Andrew volun- Kerry and Andrew ;d. Scholarships —Sara called a meeting for Monday, May 19, 1:00 Next Board Meeting May 28, 2008 at 7:00 p.m. TIME: 7:30 P.M. APPROVED X CORRECTED: at Sara's home PLACE: GERALD C. WILSON AUDITORIUM Sec. Ginny Shank Mike Pfeffer, Andrew Ott, Ginny Shank, Heather Para, Sara Bruce, Cathy Wilson, Cece Esparza, Elke Carros, Nancy Kemp Mike Wall Andrew moved to accept the agenda as written. CeCe seconded. Passed ibllt6,(:7 w- See attached. Nancy also added there will be an ad for Sum'Arts 2008 in the Kodiak Daily Mirror Summer Supplement. POIa r The Kodiak Island Drummers are going to Petersburg, AK to perform at the Little Norway Festival. PERSON RESPONSIBLE DL:A BLINE 1. Mystery Dinner Report— Andrew reported the evening at Brodie's was fun with 23 guests who came in costume and in character. There was lots of good food and drink. We have Mary Jane Pediangco's mystery dinner yet to do. 2. The Evergreen money has been withdrawn to be invested in our Schwab account where it will draw more interest. Nancy will check with Mill Bay Coffee to reserve it for our Annual Meeting June 8th or June 15th. The meeting will be at 6:00 p.m. All board members whose terms are up chose to run again: CeCe; Andrew; Elke; Sara. They will be on the nominating committee's recommended slate. It was decided to honor our very generous anonymous donor. Cathy will make masks for the attending members so we play up the anonymous business. We will have a special empty chair with a tag on it, "Anonymous Donor." Nancy will buy and deliver flowers to the honored donor. Board Comments: Kerry will be holding an Arts & Crafts Fair in July at The Artist's Eye Gallery and Goods. CeCe said they need more people for the Millikan Show. We have had a successful year with the board's working well together. Ginny announced the Woodland Dance Studio's 21st spring production, "Princess and the Pea" May 17. Nancy read an article about George Pollard's passing away. He is the artist th painted the portrait of Gerry for the auditorium. Mike P said the fuel costs will affect us. We should think of how to be more creative with our budget. Elke said maybe we should have fewer performing arts shows on the series. Aldona said the Craicmore concert was turned up too lou( •ra reported the Cirque Dreams in Anchorage was great. Heather said there will be performing at Crab Fest. Cathy Announced the Dancing Lon Crab Festival Art Show in the Harbor room at the KI. REGULAR MEETING CALL TO ORDER KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSIO MINUTES APRIL 16, 2008 The regular meeting of the Planning and Zoning Commission was called to order at 7:35 p.m. by VICE CHAIR WATKINS on April 16, 2008 in the Borough Assembly Chambers. ROLL CALL Commissioners Present Excused Absent Others Present Dave King -Chair X Duane Dvorak, Associate Planner Brent Watkins X Community Development Dept. Casey Janz X Sheila Smith, Secretary Bill Kersch X Community Development Dept. Gary Juenger X Jim Purdy X Erin Harrington X A quorum was established. COMMISSIONER KERSCH MOVED to excuse CHAIR KING. COMMISSIONER JANZ SECONDED the motion, and it CARRIED by unanimous voice vote. APPROVAL OF AGENDA COMMISSIONER JANZ MOVED TO APPROVE the agenda as presented. The motion was SECONDED by COMMISSIONER HARRINGTON, and CARRIED by unanimous voice vote. APPROVAL OF MINUTES COMMISSIONER JANZ MOVED TO APPROVE the minutes as submitted. COMMISSIONER PURDY SECONDED the motion, and it CARRIED by unanimous voice vote. PUBLIC HEARINGS A. Case 08 - 021. Request a rezone, in accordance with KIBC 17.72.030.0 (Manner of Initiation), for Larsen Bay Townsite, Tract A, Block 16, Lot 12, from R1- Single Family Residential to B- Business. Dvorak reported (8) public hearing notices were distributed for this case and none returned. He stated there isn't much in the staff report for this request. Staff is working on this and other cases for the May 9 special meeting in Larsen Bay. At that time we will present staff analysis for all the Larsen Bay rezone cases. COMMISSIONER HARRINGTON MOVED TO POSTPONE action on Rezone case 08 -021 and reschedule it for a public hearing in Larsen Bay on May 9, 2008. COMMISSIONER PURDY SECONDED the motion. Regular session closed: Public hearing open: April 16, 2008 P & Z Commission Meeting Minutes Page 1 of 4 Jane Petrich spoke in favor of the rezone requests in Larsen Bay and she will be putting in for a rezone also. Public hearing closed: Regular session open: The question was called, and it CARRIED 6 -0. B) Case 08 - 022. Request a rezone, in accordance with KIBC 17.72.030.C, (Manner of Initiation) for Larsen Bay, Tract A, Block 3, Lot 3 from R1- Single Family Residential to B- Business. Staff indicated there were (30) public hearing notices and(1) returned opposing the request. He said for the same reasons as the last case staff is recommending postponement. This location is at the other end of town and is not closely related to the 1 request other than ownership. Dvorak stated since this request is going to be postponed you should take public comment before you do a motion. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: COMMISSIONER JANZ MOVED TO POSTPONE action on Rezone Case 08 -022 and reschedule it for a public hearing in Larson Bay on May 9, 2008. COMMISSIONER JUENGER SECONDED the motion. The question was called, and it CARRIED 6 -0. C) S08 - 013. Request Preliminary approval, according to KIBC 16.40, of the subdivision of portions of U.S. Survey 2261, U.S. Survey 4947, and ATS 1266 creating Tract F within U.S. Survey 2261, U.S. Survey 4947, and Alaska Tideland Survey No. 1266 on Near Island. Dvorak reported staff has provided you with a revised supplemental staff report. This case was postponed from last month without action. After last week's work session discussion staff spent quite a bit of time researching this case. Staff has revised the recommendation so it doesn't include creating a new tideland tract or subdivision. Basically, it can go forward as requested with a couple of conditions. It became apparent some boundary changes need to addressed. COMMISSIONER JUENGER MOVED to grant preliminary approval, according to KIBC 16.40, of the subdivision of portions of U.S. Survey 2261, U.S. Survey 4947, and ATS 1266 creating Tract F within U. S. Survey 2261, U.S. Survey 4947, and Alaska Tideland Survey No. 1266 on Near Island. The motion was SECONDED by COMMISSIONER JANZ. Regular session closed: Public hearing opened: Public hearing closed: Regular session opened: COMMISSIONER JANZ MOVED TO AMEND the motion to add "subject to Conditions of Approval 1 and 2. The motion was SECONDED by COMMISSIONER HARRINGTON. (inaudible) Discussion of the Conditions of Approval, Findings of Fact, and the City's request. April 16, 2008 P & Z Commission Meeting Minutes Page 2 of 4 CONDITIONS OF APPROVAL 1. Change the references in the title block to indicated Tract A, ATS 1266 and the resulting parcel after replatting as Tract A -1, ATS 1266. A revised acreage shall also be required to be shown on the plat, although it is not necessary to show the exterior boundaries of proposed Tract A -1, ATS 1266. 2. The City of Kodiak will initiate a rezone for this area to amend the LI -Light Industrial zoning district to conform to the upland seaplane base boundary prior to recordation of the approved final plat. FINDINGS OF FACT 1. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 2. This plat meets all the requirements of Title 17 of the Borough Code. 3. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. The question was called on the amended motion, and it CARRIED 6 - 0. The question was called on the main motion, and it CARRIED 6 - 0. COMMISSIONER HARRINGTON MOVED TO AMEND the motion to include adoption of the Findings of Fact Brief discussion of finalized plats. The question was called on the amended motion, and it CARRIED 6 - 0. OLD BUSINESS There was no old business. NEW BUSINESS There was no new business. COMMUNICATIONS There were no communications. REPORTS Meeting schedule: • May 9, 2008 Special Planning & Zoning meeting in Larsen Bay • May 14, 2008 work session at 7:30 p.m. in the KIB Conference Room • May 21, 2008 regular meeting at 7:30 p.m. in the Assembly Chambers Minutes of Other Meetings • December 11, 2007 Parks &Recreation Committee Meeting Minutes • January 22, 2008 Parks & Recreation Committee Meeting Minutes • February 20, 2008 Parks & Recreation Committee Meeting Minutes COMMISSIONER HARRINGTON inquired about the Trails Plan RFP. COMMISSIONER KERSCH MOVED TO ACCEPT reports as submitted. The motion was SECONDED by COMMISSIONER JANZ, and it CARRIED by unanimous voice vote. April 16, 2008 P & Z Commission Meeting Minutes Page 3 of 4 AUDIENCE COMMENTS There were no audience comments. COMMISSIONER COMMENTS COMMISSIONER HARRINGTON thanked COMMISSIONER PURDY for having good insight, and she thanked Dvorak. COMMISSIONER JUENGER thanked staff. (inaudible). COMMISSIONER JANZ inquired about if they have parking issues that the April 19 meeting would be the time to share them with the Assembly. ADJOURNMENT VICE CHAIR WATKINS ADJOURNED the regular meeting at 8:27 p.m. ATTEST By: Clea.4cx L Sheila Smith, Secretary Community Development Department DATE APPROVED: May 21, 2008 April 16, 2008 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION P & Z Commission Meeting Minutes Page 4 of 4 2. PLEDGE OF ALLEGIANCE Kodiak Island Borough Assembly Regular Meeting Guidelines June 19, 2008, 7:30 p.m., Borough Assembly Chambers 1. INVOCATION Sergeant Major Dave Blacketer of the Salvation Army. 3. ROLL CALL KIBC 2.16.070.... 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. Assembly member Friend will be absent and asked to be excused due to personal leave. Recommended motion: Move to excuse Assembly member Friend who is absent due to personal leave. VOICE VOTE ON MOTION 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk ( *) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION 5. *APPROVAL OF MINUTES A. May 15, 2008 Regular Meeting Minutes. 6. AWARDS AND PRESENTATIONS — None. 7. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda Items not scheduled for public hearing and general comments. Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. 8. COMMITTEE REPORTS A. U.S. Army Corp of Engineers Update 9. PUBLIC HEARING A. Ordinance No. FY2008 -21 Amending Title 2 Administration and Personnel, Chapter 2.24 Borough Attorney by Adding Section 2.24.040 Alternate Counsel. Recommended motion: Move to adopt Ordinance No. FY2008 -21. Kodiak Island Borough Assembly Guidelines June 19, 2008 Page 1 Staff report — Manager Gifford. Open public hearing. Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record, Comments are limited to five minutes per speaker. Close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. B. Ordinance No. FY2008 -01 D Amending Ordinance No. 2008 -01 Fiscal Year 2008 Budget by Budgeting for Several Grants, State of Alaska Rebate of PERS Prepayments, and Legal Fees in Excess of Budget. Recommended motion: Move to adopt Ordinance No. FY2008 -01 D. Staff report — Manager Gifford. Please note the changes in the substituted version. Recommended motion: Move to amend Ordinance No. FY2008 -01 D by substitution. ROLL CALL VOTE ON MOTION TO AMEND. Open public hearing. Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record, Comments are limited to five minutes per speaker. Close public hearing. Assembly discussion and additional amendments may be offered at this time. ROLL CALL VOTE ON MOTION AS AMENDED. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS - None 13. NEW BUSINESS A. Contracts 1. *Contract No. FY2008 -40 Kodiak Island Borough and City of Kodiak Animal Control Agreement. 2. Contract No. FY2008 -26A Amending Contract No. FY2008 -26 Agreement Between the Kodiak Island Borough and Jensen, Yorba, Lott Inc. for the Apparatus Garage Addition to the Existing Bayside Fire Hall. Recommended motion: Move to authorize the manager to execute Contract No. FY2006 -26A an amendment to Contract No. FY2008 -26 with Kodiak Island Borough Assembly Guidelines June 19, 2008 Page 2 Jensen Yorba Lott, Inc. of Juneau, Alaska for the apparatus garage addition to the existing Bayside Fire Hall in the amount not to exceed $125,929. Staff report — Manager Gifford. Assembly discussion. ROLL CALL VOTE ON MOTION. 3. Contract No. FY2008 -41 Architectural and Engineering Services for the Kodiak Community Health Center Addition and Renovations at the Providence Kodiak Island Medical Center. Recommended motion: Move to authorize the manager to execute Contract No. FY2008 -41 Architectural and Engineering Services for the Kodiak Community Health Center Addition and Renovations at the Providence Kodiak Island Medical Center with Prochaska and Associates of Omaha, Nebraska in the amount not to exceed $202,475. Staff report — Manager Gifford. Assembly discussion. ROLL CALL VOTE ON MOTION. B. Resolutions 1. Resolution No. FY2003 -20G Amending Resolution No. 2003 -20 to Re- Establish Fees of the Kodiak Island Borough. Recommended motion: Move to adopt Resolution No. FY2003 -20G. Staff report — Manager Gifford. Assembly discussion. ROLL CALL VOTE ON MOTION. 2. *Resolution No. FY2008 -42 Authorizing the Approval of Lease Regarding the Bayside Fire Hall Apartment with Mr. Bob Himes. C. Ordinances for Introduction 1. Ordinance No. FY2009 -02 Rezoning a Portion of Lot 1A -3, U.S. Survey 3465 From PL- Public Use Lands To RR1- Rural Residential One Zoning District. (P &Z Case 07 -001.) Recommended motion: Move to adopt Ordinance No. FY2009 -02 in first reading to advance to public hearing at the next regular meeting. Staff report — Manager Gifford. Assembly discussion and amendments may be offered at this time. Kodiak Island Borough Assembly Guidelines June 19, 2008 Page 3 ROLL CALL VOTE ON MOTION. D. Other Items 1 Vacation of a 10 -Foot Wide Utility Easement Located Along the East Side of Bells Flats Alaska Subdivision, Tract D -2. Recommended motion: Move to approve the vacation of a 10 foot wide utility easement as depicted on the sketch plan for Case S08 -016. Staff report — Manager Gifford. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. 15. ASSEMBLY MEMBER COMMENTS Announcements — Mayor Selby. If the Assembly agreed please announce the following: The Assembly will hold a work session with a special meeting immediately following on Thursday, June 26, 2008 at 7:30 p.m. in the Borough Conference Room. The Assembly regular meeting scheduled on Thursday, July 3, 2008 has been cancelled. The next Assembly work session is scheduled on Thursday, July 10, 2008 at 7:30 p.m. in the Borough Conference Room and the next regular meeting is scheduled on Thursday, July 17, 2008 at 7:30 p.m. in the Assembly Chambers. The Borough offices will be closed on Friday, July 4 in observance of the Fourth of July holiday. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines June 19, 2008 Page 4 Please print your name KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of: 19, ? Please print your name Mme. S4y0 homiA 9‹.. CO 0 H C ��7 oN saA Mr. Abell .- Ms. Branson j Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Stutes TOTAL In case of a tie Mayor Selby CO C z O W co) . --l ie.' \ . ctral., ON 4'..% saA \ \\ Mr. Abell Ms. Branson 1r Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Stutes IGE THEIR VOTE? TOTAL In case of a tie Mayor Selby m Q Z O W H - ON T SBA x NYONE WISH TO CHAN Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Stutes TOTAL In case of a tie Mayor Selby _ D c? m Z 0 W N �� ON saA 0 IV S]OG Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Stutes TOTAL In case of a tie Mayor Selby m C z 0 N J 7 ON taA Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Stutes TOTAL In case of a tie Mayor Selby To 'v C) a U) c dA G! CL -a v C C) C 0 U KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Cl/assembly/roll call sheet g r \/ D O oN 0 I laA , \\\ __ Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt* Ms. Stutes TOTAL In case of a tie Mayor Selby W m N PS es,. ci o m N ON 1 saA neleme s Mr. Abell Ms. Branson . Mr. Friend Ms. Jeffrey Ms. Lynch liemsO 'AN Ms. Stutes IGE THEIR VOTE? TOTAL In case of a tie Mayor Selby ri ,./..o 4')- Z 0 W m N ON ■ I 'saA AIME. mi all a asep Lit lviol Mayor Selby Mr. Abell Ms. Branson* Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Stutes NNE WISH TO C V L/ -(0, . , O / . cb W m N O N 1, I' saA IV S31 VA VA VA Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey %. Ms. Lynch Mr. Oswalt Ms. Stutes DC all e;o aseD ul 14101 Mayor Selby I 4z, 'G Z __ R p m N ON 1s8A 1111111e 8 Mr. Abell -* Ms. Branson Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Stutes alx a ;o RSV ul 14101 Mayor Selby a) CO a 'U a) Q N CO 00 a) CL C11 C 0 a) C a) C 0 U KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Cl/assembly/roll call sheet c z O CO N ON 0 §aA Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey Ms. Lynch 'c Mr. Oswalt Ms. Stutes CD TOTAL I In case of a tie Mayor Selby c --:: 0__ C& -e z o L j O ON Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Stutes IGk THEIR VOTE? TOTAL In case of a tie I Mayor Selby } W m N r ' YJ U m N U O N . saA _ NYONE WISH TO CHAN Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Stutes TOTAL In case of a tie I Mayor Selby I c.\ Q Ct p y U 9 co 00 oN 'saA \\ V\ IV S31 Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey Ms. Lynch li ems O 'aW Ms. Stutes c o CI) TOTAL In case of a tie I Mayor Selby I LP O Ge .; ;('., t z �-- t- O m N O N \\ 56A \ . Hagb 'aW Ms. Bransot Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Stutes TOTAL I In case of a tie I Mayor Selby I 0 a) C O _ SLAND BOROUGH ASSEMBLY ROLL CALL SHEET Cl/assembly/roll call sheet m G Z 0 W H I ON saA Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Stutes TOTAL In case of a tie Mayor Selby CO C z 0 W N L Drs saA Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey Ms. Lynch liennsO 'aW Ms. Stutes Z Q I HANGE THEIR VOTE? TOTAL In case of a tie Mayor Selby 5: m C z 0 W N ON saA Mr. Abell Ms. Branson Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Stutes NYONE WISH TO C TOTAL In case of a tie Mayor Selby 5: m C z 0 W {A ON SBA 0 0 !V S3Oa Iiegv 'ai uosueae •svr Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Stutes TOTAL In case of a tie Mayor Selby W m c Z o U N y� ON 0 g Ilagd 'AA! Ms. Branson Mr. Friend Ms. Jeffrey Ms. Lynch J I Mr. Oswalt* Ms. Stutes TOTAL In case of a tie Mayor Selby a, fa 0 - a a, a, > C 0 U KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Cl/assembly/roll call sheet Hello. My name is Mary Stephensen. I'm reading this letter on behalf of Marion Owen who couldn't be here tonight but wanted to bring to your attention recent issues concerning dumpsters within the city. I can understand why dumpsters are placed in outlying areas, but I don't see why they are located in city neighborhoods. Borough code says, "residential can service shall be available to each dwelling unit occupied by five persons or less on a once a week basis." At a recent Solid Waste Advisory Board meeting we learned that residential can service is also addressed in the contract between the Borough and Alaska Waste. It states, "Weekly door -to -door collection is required within the City of Kodiak." Thus, Borough code and the contract require that curbside pickup is made available in the City. Here's what's interesting: According to Alaska Waste, two - thirds of city residences use dumpsters in addition to curbside pickup. Many city residents don't even know they have curbside service. According to the new Draft Solid Waste Management Plan by Bell & Associates, this duplication of services -- curbside and dumpster - -is wasteful and expensive. Plus it gives Kodiak the distinction of being one of the few communities in the country where this cumbersome overlap occurs. Dumpsters are ugly and messy; and they don't encourage the 3 R's of To Reduce, Re -use, Recycle. Dumpsters appear to be easy and convenient- - for residents as well as Alaska Waste - -but it's this convenience that makes them expensive because of the now extra costs associated with dumpster service. I propose two solutions to our solid waste problems. First, get rid of the flat monthly fee which is unfair to those who recycle and try to keep their trash to a minimum. A better alternative is one thatfused all over the country. I4 a Pay -as- You -Throw rate structure based on the amount of waste you throw out. It creates a strong economic incentive to recycle more and to generate less waste. Pay -as- You -Throw treats garbage collection the same wa /as other utilities (like electricity) where you pay for the services you consume. Meanwhile, Borough Code and the collection contract require curbside pickup service in the City. It is not in the best interest of the community for Alaska Waste to collect from dumpsters they set out as well as from curbside containers. For my second solution: I respectfully request that all residential, city dumpsters be removed. Doing so puts Kodiak on a positive track to clean up our neighborhoods, encourage recycling and extend the life of our landfill, which is rapidly filling up. I trust you'll do the right thing. Thank you. Sincerely, Marion Owen barbara williams From: <chamai @skymate.com> To: <snoskwrl @gci.net> Sent: Wednesday, June 18, 2008 8:30 PM Subject: Nick, Part 1 Mayor and Members of the Assembly, Page 1 of 1 I returned to Kodiak last week for a few days after being absent for two months. I had thought the litigation siege was finally over when the Assembly agreed in May to pay all legal fees and thus end this messy saga. Upon my return I learned that the mayor chose not to let this end, but to veto the assembly action and continue this contentious and costly battle. Apparently the mayor saw some technical problems with the resolution. I feel the urgency to settle this far outweighs any minor technical details. Quibbling over $15,000 in legal fees will cost the Borough several times that amount. This situation was poorly handled from the start. The Assembly has let their personal pride and self interest come before the public interest. The Borough needs to be big enough to admit they made a mistake when they misinterpreted their attendance ordinance for several years and end this matter immediately. 6/18/2008 barbara williams From: <chamai©skymate.com> To: <snoskwrl @gci.net> Sent: Wednesday, June 18, 2008 9:06 PM Subject: Nick, Part 2 Practically every Assembly Member has either a personal or a financial interest in this issue, and I feel there is just as much a conflict with those with a personal interest as those with a financial interest. Since so many of you have a special interest in this matter, it may require a neutral third party such as a mediator to fairly resolve this. I implore you to end this matter as quickly as possible. The public is sick of this senseless bickering and waste of their money. If the Mayor and Assembly Members can't put the public interest ahead of their own self interest, than they should resign so that we can have a government that is willing to work together. Sincerely, Nick Szabo Page 1 of 1 6/18/2008 SPRING 2008 FACT SHEET Kodiak Island Update Defense Environmental Restoration Program - Formerly Used Defense Sites KODIAK ISLAND PUBLIC MEETING The Corps of Engineers will provide the public with an update on the DERP -FUDS field work planned for 2008 on Kodiak Island. This presentation will be given during the Kodiak Island Borough (KIB) Assembly Meeting: Thursday, June 19, 2008 at 7:30 p.m. KIB Assembly Chambers 710 Mill Bay Road NOTICE OF OPEN HOUSE In addition to the KIB Assembly Meeting presentation, the Corps of Engineers will host an Open House: Friday, June 20, 2008 3:00 until 6:00 p.m. Safeway Lobby 2685 Mill Bay Road Photographs of project activities will be on display, and key members of the project team will be present to answer questions and receive comments from community members. U.S. Army Engineer District, Alaska The U.S. . .. of E nd' (USAED) is z�=prov) environmen Island. our wo l.'�` - Progra As a Cep involvement in the kith' edia ti" i hope to see you at the Bor ; meet you in person at our Airport Staging Area Fire Training Pit Treatability Study The Kodiak Naval Air Station project is located within the boundaries of the U.S. Coast Guard (USCG) Integrated Support Command Base on Kodiak Island, which is approximately 5 miles southwest of the city of Kodiak. In 2001, 24,000 tons of contaminated soils were excavated, treated, and returned to the pit; however, contamination is still present at the remainder of the site. In 2006, the USAED completed the first phase of work on the Design Treatability Study at the Fire Training Pit, which included installation of a biosparging system and sampling activities. Biosparging is a technology that treats the contaminated soil in place rather than requiring further excavation. Air - injection wells were installed to supply pulses of air several feet below the water table. The increase in oxygen should stimulate the growth of microbes, allowing them to consume contaminants in the soil. In addition, soil, groundwater, and soil -gas samples were collected and analyzed to aid in determining the effectiveness of the biosparging system. The biosparging system began long -term operation in October 2006, and will continue operating while the sampling data for the Design Treatability Study is analyzed. During 2008, four additional groundwater wells will be installed and sampled to ensure that contamination from the site is not moving toward the Buskin River. In addition, data from the Design Treatability Study will be analyzed to determine if operation of the biosparging system should continue or if other remedial options are more appropriate. Confirmation drilling Page 2 U.S. Army Engineer District, Alaska The Buskin Beach project area is approximately 4 miles southwest of the city of Kodiak. The area includes property on both sides of the Kodiak Island Highway (also known as the Rezanof Highway), which bisects the site. Since 1996, approximately 16,500 tons of petroleum- contaminated soil, 5,600 tons of trichloroethene (TCE)- contaminated soil, and 64,000 gallons of petroleum- impacted water have been removed from the Buskin Beach project area. A variety of debris has also been removed: underground storage tanks, transformers, lead -acid batteries, drums, tank sludge, and petroleum- contaminated wood. The 2008 activities at Buskin Beach will focus on the Lube Pits (Site 1315), Site A141, and groundwater monitoring at various sites. Buskin Beach Lube Pits The Lube Pits (Site 1315) are located in the Greely Road Garrison sub -area of Buskin Beach. The primary objective of the 2008 removal activities will be to eliminate or mitigate the extent of contamination at the site and reduce the risk of harm to public health and the environment. The primary contaminant at the Lube Pits is TCE. An estimated 5,000 tons of TCE-contaminated soil is scheduled for removal and disposal at an off - island facility. Groundwater monitoring and sediment sampling will also be conducted to determine if contamination is migrating. Soil testing at Test Pit 4 Buskin Beach Buskin Beach A141 Lube Pits aerial view Site A141 is located south of the Buskin River between Anton Larsen Bay Road and Tom Stiles Road. The primary objective of the 2008 remedial action will be to eliminate or mitigate the extent of contamination at the site and reduce the risk of harm to public health and the environment. Site A141 is contaminated with petroleum, including free product. An estimated 900 tons of soil is scheduled for removal and disposal at an off - island facility. In addition, free product will be removed from the excavations using a skimmer. The free product also will be disposed of at an off - island facility. 2008 Spring Fact Sheet Page 3 Buskin Beach Groundwater Monitoring Monitoring well installation The primary goal of groundwater monitoring is to determine whether site groundwater meets federal and state regulatory requirements and to verify that no contaminated groundwater is migrating offsite. The 2008 activities planned for the Buskin Beach area include: Review of historical activities and previously collected site data. Install groundwater monitoring wells in locations within and around the contaminated area. Conduct groundwater sampling events, which include the collection of environmental data. Evaluate test results and compare against established regulatory criteria. Determine if the groundwater is safe for drinking water. If not, a determination will be made on whether the contamination is migrating offsite. Groundwater monitoring activities will be conducted at approximately 35 sites within the Buskin Beach area. A proposed plan is also scheduled for distribution in 2008. Groundwater sampling Page 4 U.S. Army Engineer District, Alaska *fo U.S Army Corps of Engineers DRURY GULCH FACT SHEET Spring 2008 Defense Environmental Restoration Program - Formerly Used Defense Sites What and where is Drury Gulch? The Drury Gulch site is off of Rezanof Highway near the main entrance of the U.S. Coast Guard base. The U.S. Coast Guard owns the property. The site is about 6 acres in size (about the same size as 4"or" 5 football fields) and was used by the U.S. Navy as a dump from 1939 to 1975. The U.S. Army Corps of Engineers (the Corps) is now in charge of cleaning up the site. Since the early 1970s, the Corps h removed 17,000 tons of metal debris from the site. While removing the debris, the Corps learned th there were a lot of wastes included with the debris that was dumped at the site. These wastes include fuels, fuel oils, degreasers, and a substance called polychlorinated biphenyls (also referred to as PCBs). When the oil -filled transformers were dumped in the gulch, the oil containing the PCBs leaked from the debris into the soil. Since 2004, the Corps has removed almost 15,000 tons of contaminated soil from the site. Although a lot of work has been done, there is still a lot of cleaning up left to do. The Corps has been working to clean up the site to prevent the PCB - contaminated soil and sediment from harming local residents, animals, and plants. What are PCBs? PCBs are human -made chemicals that were used as lubricants and coolants in electrical equipment, including transformers, capacitors, and old fluorescent lighting. Although PCBs are no longer made in the U.S., they do not readily break down and can remain in the environment for long periods of time . are found everywhere and every human actually has a small amount of PCBs in his or her body. PCBs a dangerous at high levels and may cause cancer in people and animals. What makes PCBs even more d is that they have no known smell or taste and range from colorless to light yellow in color. The best. t that you can do is avoid playing or eating dirt in work areas and to stay away from electrical equipmef transformers. You should also wash your hands after playing or working outside and before eating. What are fuel oils? Fuel oils are petroleum products that are used in many types of engines, lamps, heaters, furnaces, stoves, and as solvents. Fuel oils come from crude petroleum and can be a variety of colors from yellowish to light brown. If you touch soil contaminated with fuel oils, skin irritation might occur. Breathing in fuel oils for short periods of time may cause nausea, eye irritation, increased blood pressure, headache, light - headedness, loss of appetite, poor coordination, and difficulty concentrating. Exposure to fuel oils may also cause cancer in humans and animals. CAUTION THIS EQUIPMENT CONTAINS (POLYCHLORINATED BIPHENYLS) What w-e d eyreasers? Degreasers are used to remove grease, oil, lubricants, or other organic substances from parts using water -based cleaners, solvents, or vapors. Degreasers can remove oil stains from common areas such as concrete driveways, asphalt, wood, metal, soil, gravel, and sand. They are also used on engines, brake parts, and bicycles to clean dirty grease from the metal parts. Touching degreasers, especially those that may contain chlorinated solvents or soil contaminated with degreasers may cause allergic reactions and skin irritation and may cause stomach upset. Exposure to chlorinated solvents may also cause cancer in humans and animals. Charley Peyton at 907 - 753 -5718 or Charley.S.Peyton @usace.army.mil. What is being done? PCBs remain in the environment for long periods of time. The best method of removing PCB - contaminate soil is to excavate (dig up) and remove the soil. The contaminated soil is then placed in large bins (essenti large dumpsters) and transported off the island to a special landfill located in Oregon. The fuel, fuel oils, an degreasers found in the soil at Drury Gulch are handled the same way as the PCB - contaminated soil because the fuel, fuel oils and degreasers are attached to the same soils as the PCBs. The Corps hired Jacobs Engineering to help clean up the old dump at Drury Gulch. The cleanup effort is p of the island -wide program to clean up old military sites used during World War II. The cleanup efforts Incl digging up and disposing of the contaminated soil, collecting samples to make sure that soil left on site does not contain high levels of contaminants, and returning the site to its original shape and appearance. The small stream that runs through the site will also be diverted to run through a pipe or culvert so that the stream water does not come into contact with the soil remaining in the gulch. The stormdrain (drainage ditch) system running down the hill from Drury Gulch will also be modifed to make sure that any contaminated soil remaining in the old dump will not leave the gulch. Cleanup activities will most likely use excavators, backhoes, bulldozers, graders, and dump trucks. Jacobs Engineering hired Brechan Enterprises to use heavy equipment such as excavators, backhoes, bulldozers, graders, and dump trucks to excavate and remove the contaminated soil, install the culverts, and work on the drainage ditch. Please be aware that any equipment used to excavate and remove contaminated soil is thoroughly cleaned before leaving the old dump site. The Jacobs Engineering and Brechan Enterprises crews will be working on the drainage ditch running along Dolphin Avenue, across the street from the school, starting in June. We expect the work to continue through the end of July. The work area will be marked, and warning signs will be displayed, but we have as that parents and teachers make sure that none of the children (or adults!) approach or play near the work area or the equipment. No equipment or work will occur on school grounds. The playgrounds and fields the school will not be impacted by this work. Dolphin Avenue will remain open, but there ma some traffic controls or restrictions for limited time periods when work is occurring in the area. If you have a question or want to talk to someone about the work being done at the old dump, please call or The Asphalt Disposal Area (ADA) is located in a three -acre valley on the shore of St. Paul Harbor. Remedial actions performed since 2000 at the ADA have removed approximately 52,000 tons of contaminated soil and 4,600 tons of metallic debris from the valley. Following the removal actions, the valley was rehabilitated to establish a productive ecosystem through re- vegetation of the wetland. In 2005, a layer of rich organic topsoil was imported to the valley to provide growth media for new vegetation, and the upland areas of the valley were hydro- seeded with a mixture of grasses. The wetlands restoration continued in 2006 with the planting of rushes, grasses, and sedges in the progressively wetter and more brackish environments. In early summer 2007, bare areas were reseeded and the entire site was fertilized to promote growth. A fence was installed to encourage use of the existing walking path and to limit damage to germinating and newly established vegetation. In late summer 2007, the success of the planting was monitored. At this time, it was determined that the upland grass was well established, and the wetland was heavily vegetated with a variety of wetland- adapted grasses and other plants. Also in 2007, groundwater samples were collected from five groundwater monitoring wells located at the site. Analytical results were below regulatory criteria, but sheen and odor were present in groundwater collected from one monitoring well, which exceeds surface water quality standards. Asphalt Disposal Area Wetlands Restoration A proposed plan is scheduled for distribution in 2008. No other site activities, except disassembling the fence and monitoring well decommissioning, are anticipated. Excavation at ADA, 2001 ADA valley, 2007 2008 Spring Fact Sheet Page 5 Drury Gulch is part of the former Kodiak Naval Station reservation occupied by the U.S. Navy from 1939 until transfer to the USCG in 1975. The Navy used the area for metal and debris storage and disposal during the withdrawal of the military from Kodiak. Polychlorinated biphenyls (PCBs) were discovered at the site in 1993 and are thought to have originated from electrical components such as transformers. Cleanup work began at Drury Gulch in 1999 and continues today. To date, USAED has removed nearly 17,000 tons of debris and contaminated soil from Drury Gulch. Approximately 2,400 tons of PCB - contaminated soils were removed in 2007. Other work planned for the site includes storm drain improvements south of the Rezanof Highway and channel realignment north of the highway to ensure no PCBs leave the site. In 2007, approximately 1.5 tons of accumulated sand and gravel were excavated from the area immediately adjacent to the site stormwater discharge culvert outfall as part of Storm Water Pollution Prevention Plan (SWPPP) maintenance. SWPPP inspections will continue in 2008. In addition, a remedial action will be conducted in 2008 to excavate an additional 2,500 tons of contaminated soil, re -align the channel, and restore the site. Bruhn Point is located in Bells Flats, approximately 8 miles southwest of the city of Kodiak. In 1994, the former landfill was investigated. Soil and groundwater samples were below regulatory criteria and the area was recommended for closure. In 2001, two underground storage tanks and 342 tons of petroleum- contaminated soils were removed from the site. In 2006, an additional 417 tons of petroleum- contaminated soils were excavated from Bruhn Point and thermally remediated at an on- island facility. Test pits were excavated to confirm that all the contaminated soil had been removed. All excavation and test pit soil samples met regulatory cirteria. Four groundwater monitoring wells were installed and sampled adjacent and downgradient from the excavation footprint in order to verify that groundwater quality met regulatory criteria. After it was determined that groundwater samples were below � regulatory criteria, the monitoring wells were decommissioned in August 2007. The entire Bruhn Point site will be recommended for closure and no further activities are planned for this site. Bruhn Point final site condition Page 6 U.S. Army Engineer District, Alaska Previous site work included underground storage tank removal, contaminated soil removal, and groundwater monitoring. Investigation activities during 1999 indicated the presence of high concentrations of a mixture of heavy heating oil and diesel. Activities during the 2007 field season focused on removing the most highly contaminated soils. More than 8,300 tons of contaminated soils were excavated from the site and placed in short -term stockpiles. The analytical confirmation soil sample results indicated that concentrations of diesel -range organics, residual - range organics, and benzo(a)pyrene remain onsite in concentrations that exceed Alaska Department of Environmental Conservation (ADEC) cleanup criteria. Building A -711 Site Removal Action Building A -711 is located on the corner of Anton Larsen Road and Tom Stiles Road. The building was originally constructed by the U.S. Army for use as an ordnance shop. Currently the Alaska Department of Transportation and Public Facilities leases the building from the USCG for use as an operations and maintenance shop. Evaluating core samples for visual evidence of contamination Other activities conducted in conjunction with the removal action included dismantling and replacing an existing waterline, short -term soil stockpile and maintenance, surveying, groundwater monitoring, and waste management. The groundwater analytical results indicated that contaminants were not migrating from the A -711 site due to the excavation activities. Document Repository Information on the sites discussed in this Fact Sheet and key documents associated with DERP -FUDS are available for public review at the local Information Repository. These documents include remedial investigation and removal action work plans and reports. The Information Repository can be found at the Kodiak Library, 319 Lower Mill Bay Road, Kodiak, Alaska. Proposed Plans USAED plans to distribute several proposed plans to the public for review and comment. Proposed plans are being developed for the Buskin Beach, Building A -711, ADA, and Airport Staging Area sites. In a proposed plan, cleanup options are evaluated for practicality, effectiveness, cost, compliance with regulations, and safety. USAED issues proposed plans to ensure that public participation opportunities are provided in the remedy selection process for the sites, and to comply with its responsibilities under DERP, United States Code, Title 10, Section 2701, et seq. USAED, in consultation with ADEC, will select a final remedy for the sites after reviewing and considering all information received during the 30 -day public comment period. USAED, in consultation with ADEC, may modify the preferred alternative or select another response action based on new information or public comments. Therefore, the public is encouraged to review and comment on all the alternatives presented. 2008 Spring Fact Sheet Page 7 8680 ejsely 8689 X09 'ad (uolAad) dS3 1AJd - VOd3D eisely 'pp;sia aaau!6u3 Awl; 'S'fl Questions or Comments? The USAED will continue to update the community on the progress of DERP -FUDS cleanup activities on Kodiak. If you have questions or comments pertaining to a site, or wish to be added to or removed from our mailing list, please contact Charley Peyton, FUDS Program Manager, USAED, P.O. Box 6898, Elmendorf AFB, AK 99506 -0898 or (907) 753 -5718. You may e -mail Mr. Peyton at Charley.S.Peyton @usace.army.mil. Kodiak Island Borough Assembly Newsletter Vol. FY2008, No.25 June 20, 2008 At its Regular Meeting of June 19, 2008 the Kodiak Island Borough Assembly Took the Following Actions: POSTPONED Ordinance No. FY2008 -21 Amending Title 2 Administration and Personnel, Chapter 2.24 Borough Attorney by Adding Section 2.24.040 Alternate Counsel to the Regular Meeting of August 7, 2008. AMENDED, ADOPTED Ordinance No. FY2008 -01 D Amending Ordinance No. 2008 -01 Fiscal Year 2008 Budget by Budgeting for Several Grants, State of Alaska Rebate of PERS Prepayments, and Legal Fees in Excess of Budget. AUTHORIZED the Manager to Execute Contract No. FY2008 -40 with the City of Kodiak for Animal Control Services for the Period of July 1, 2008 Through June 30, 2010 in the Amount of $84,125 Per Year. AUTHORIZED the Manager to Execute Contract No. FY2006 -26A an Amendment to Contract No. FY2008 -26 Agreement Between the Kodiak Island Borough and Jensen, Yorba, Lott Inc. for the Apparatus Garage Addition to the Existing Bayside Fire Hall in the Amount Not to Exceed $125,929. AUTHORIZED the Manager to Execute Contract No. FY2008 -41 Architectural and Engineering Services for the Kodiak Community Health Center Addition and Renovations at the Providence Kodiak Island Medical Center with Prochaska and Associates of Omaha, Nebraska in the Amount Not to Exceed $202,475. AMENDED, ADOPTED Resolution No. FY2003 -20G Amending Resolution No. 2003 -20 to Re- Establish Fees of the Kodiak Island Borough. ADOPTED Resolution No. FY2008 -42 Authorizing the Approval of Lease Regarding the Bayside Fire Hall Apartment with Mr. Bob Himes. ADVANCED Ordinance No. FY2009 -02 Rezoning a Portion of Lot 1A -3, U.S. Survey 3465 From PL- Public Use Lands To RR1- Rural Residential One Zoning District. (P &Z Case 07 -001) to Public Hearing at the Next Regular Meeting. APPROVED the Vacation of a 10 -Foot Wide Utility Easement Located Along the East Side of Bells Flats Alaska Subdivision, Tract D -2 as depicted on the sketch plan for Case S08 -016. Minutes of this and other assembly meetings as well as copies of agenda items are available at the Borough Clerk's Office or on the Kodiak Island Borough's website, www.kodiakak.us. The next special meeting of the Kodiak Island Borough Assembly is scheduled on Thursday, June 26, 2008 at 7:30 p.m. in the Borough Assembly Chambers.