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2008-06-26 Special MeetingKodiak Island Borough Assembly Special Meeting Agenda Thursday, June 26, 2008 7:30 p.m. Borough Conference Room 1. ROLL CALL 2. CITIZENS COMMENTS (Limited to Three Minutes per Speaker) 3. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. Contract No. FY2008 -42 Construction Services for Ouzinkie School Seismic Upgrades and Gymnasium Renovation. 4. ADJOURNMENT This meeting was called by the Assembly. Page 1 of 1 KODIAK ISLAND BOROUGH AGENDA STATEMENT JUNE 26, 2008 SPECIAL MEETING ITEM NO: 3.A TITLE: Contract No. FY2008 -42 Construction Services for Ouzinkie School Seismic Upgrades and Gymnasium Renovation. SUM MARY: This contract is for construction services necessary to complete the Ouzinkie School Seismic Upgrades and Gymnasium Renovation. The Construction Documents, Bid Documents and associated Addenda are available for review. The Project is funded in part by a FEMA HMGP Grant in the amount of $308,344 for Seismic Upgrades and a voter approved Bond Issue in the amount of $1,923,187. At a special meeting held June 18, the Kodiak Island Borough School District Board of Education requested that bond funds allocated to the Learning Center Renovation Project be reallocated to the Ouzinkie project to reduce the funding shortfall in the amount of $1,069,030. The Bond Counsel and DEED agree this transfer of funds between projects is permitted. Additional funds from bond and facilities interest earnings in the amount of $358,219 are proposed to be added to balance the project budget. The attached project budget details proposed funds and estimated expenses. DEED requires a ten day protest period between the Notice of Intent to Award and execution of the Contract. The Manager's authorization to execute the Contract is subject to satisfactory resolution of bona fide bid protests, if any are submitted. Bids were received in response to KIB's Invitation to Bid dated May 16, 2008. A Bid Tabulation, Project Budget, blank Contract Agreement, Bond Counsel letter, and DEED letter are attached. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to authorize the manager to execute Contract No. FY2008- 42 with Wolverine Supply, Inc. of Wasilla, Alaska in the amount not to exceed $2,999,000. OUZINKIE GYM RENOVATION DESCRIPTION Funding Source Bond - Ouzinkie Gym Renovation Bond /Facilities Interest Earnings Expense Construction Contract ( @86 %) In -House Admin (estimate 8 %) A/E Services (estimate 6 %) Contingency (estimate 8 %) AMOUNT 1,923,187 307,238 2,579,140 206,331 154,748 206,331 BALANCE 1,923,187 2,230,425 (348,715) (555,046) (709,795) (916,126) OUZINKIE SEISMIC UPGRADE Funding Sources Hazard Mitigation Grant Bond /Facilities Interest Earnings Expense Construction Contract ( @14 %) In -House Admin (estimate 8 %) A/E Services (estimate 6 %) Contingency (estimate 8 %) 308,344 50,981 419,860 33,589 25,192 33,589 308,344 359,325 (60,535) (94,124) (119,315) (152,904) Total Project Summary Gym Renovation Seismic Upgrade Bond - Learning Center Renovation Balance (916,126) (152,904) 1,069,030 0 2 n. O O m OA v Q 0 m 0 O 0 N 00 t/} 0 0 0 O O 0 0 0 CO N m 0 0 0 c1 ei 0 M i O O O W Ql O O O i11 r-I t/} O O O 00 m m O O O 0 O t/} O O 0 LID r-I 0 0 O Lf1 m O O 0 LID rn u1 t/} 0 0 LO 0 ti 01 ti 00 O ti 0 N 0 N eel 0 0 Lfl N - 1 a-i 0 0 Ql �-i 0 N m ul 00 m 0 N N ri N r-I c O O N M 0 0 cri 111 Q1 0 N N 0 Cr) O r-i 0 0 N O rn m 0 0 0 00 1 N co ti O 0 0 c-4 c-I y/} 0 0 O 0 N VI- 0 O O M M 00 Cr) tn 0 a O O O N CO ci '-4 O O O LD 0 0 0 N 0 a-1 O O 0 0 - O 4 - 0 co co O O N O c-4 0 N O O m O 0 0' co co H V) w v 0 00 m N N N N N O rr M 'V). v 0 w LAW OFFICES BIRCH, HORTON, BITTNER AND CHEROT 1127 WEST SEVENTH AVENUE • ANCHORAGE, ALASKA 99501 -3301 HAL R. HORTON (1944 - 1998) RONALD G. BIRCH" WILLIAM H. BITTNER KATHRYN A. BLACK SUZANNE CHEROT ADAM W. COOK JON M. DEVORE" CHARLES R. EBERLEt MARK E. FINEMAN, P.E. GREGORY S. FISHER DOUGLAS S. FULLER' MAX D. GARNER SCOTT J. GERLACH DAVID KARL GROSS TWA M. GROVIER WILLIAM P. HORN' STEPHEN H. HUTCHINGS DANIEL C. KENT THOMAS F. KLINKNER via E -MAIL and FIRST CLASS MAIL Dear Mr. Kito: F:\50531 516 \00014103. D O C DAVID E. LAMPP'0 STANLEY T. LEWIS JAMES H. LISTER't0 GREGORY A. MILLER JENNIFER L. OWENS, Ph.D. MICHAEL J. PARISE TIMOTHY J. PETUMENOS ELISABETH H. ROSS" HOLLY C. SUOZZO Mr. Sam S. Kito HI, P.E. Alaska Department of Education and Early Development 801 West 10 Street, Suite 200 P. O. Box 110500 Juneau, Alaska 99811 -0500 A PROFESSIONAL CORPORATION • TELEPHONE (907) 276 -1550 • (800) 478 -1550 • FACSIMILE (907) 276 -3680 OF COUNSEL: JENNIFER C. ALEXANDER KENNETH E. VASSAR WRITER'S DIRECT DIAL (907) 263 -7268 • FAX (907) 276 -3680 • tklinkner @bhb.com June 20, 2008 RE: Kodiak Island Borough — Redirection of Bond Proceeds for Ouzinkie Gym Renovation /Seismic Upgrade Project 1155 CONNECTICUT AVE.. N.W. SUITE 1200 WASHINGTON, D.C. 20036 (202) 659 -5000 FACSIMILE (202) 659 -1027 D.C. BAR " D.C. AND ALASKA BAR 1 MARYLAND BAR 0 VIRGINIA BAR ALL OTHERS ALASKA BAR I am bond counsel for the Kodiak Island Borough ( "Borough "). The Borough has asked me to provide the following opinion regarding the eligibility for state debt service reimbursement of a Borough school capital project known as the Ouzinkie Gym Renovation /Seismic Upgrade Project that will be financed with redirected proceeds of the Borough's $9,300,000 General Obligation School Bonds, 2004 Series A ( "2004A Bonds "). The proceeds will be redirected from part of the $1,182,336 of proceeds of the 2004A Bonds that originally were allocated to the Learning Center Renovation Project, and that remain unexpended pending reevaluation of the latter project. Under 4 AAC 31.064(1), a new project financed with redirected bond proceeds is eligible for debt service reimbursement if the new project is approved by the department, and "the bond proposition originally approved by the local voters authorized the use of any excess money for school capital projects such as the new project..." If the condition in 4 AAC 31.064(1) is not met, then 4 AAC 31.064(2) requires the municipality to meet "the requirements of AS 14.11.100(j), including the requirement for a municipal election to approve the new use of the money." The 2004A Bonds were issued pursuant to Borough voter approval of ballot propositions at the April 20, 2004 Borough special election, including Proposition No. 2, which stated in relevant part: BIRCH, HORTON, BITTNER AND CHEROT A PROFESSIONAL CORPORATION Mr. Sam S. Kito III, P.E. June 20, 2008 Page 2 Shall the Kodiak Island Borough incur debt and issue general obligation bonds in an amount not to exceed Seven Million One Hundred Eighty Five Thousand Dollars ($7,185,000) to finance the planning, design and construction of school and related capital improvements in the Borough, including without limitation the projects described below? Project Estimated Cost Kodiak High School heating and ventilation upgrades East School heating and ventilation upgrades Kodiak High School exterior insulation and window replacement Kodiak High School and Middle School roof repair Old Harbor GymNoc -Ed renovation Ouzinkie Gym renovation Learning Center renovation (Emphasis added.) By approving Proposition No. 2, the Borough voters authorized the issuance of general obligation school bonds for "school and related capital improvements in the Borough" generally, "including without limitation" the specific projects listed in the proposition. I thus conclude that, as required by 4 AAC 31.064(1), "the bond proposition originally approved by the local voters authorized the use of any excess money for school capital projects such as the new project..." Therefore, if the Ouzinkie Gym Renovation /Seismic Upgrade Project is approved by the Department, the 2004A Bonds whose proceeds are redirected to fund that project will be eligible for debt service reimbursement without additional voter approval. Please let me know if I may be of further assistance in this matter. Yours truly, BIRCH, HORTON, BITTNER and CHEROT cc: Rick Gifford (E -mail only) F: \50531516 \00014103. DOC PROPOSITION NO. 2 GENERAL OBLIGATION BONDS FOR ENERGY /RENOVATION PROJECTS t• Thomas F. Klinkner $ 250,000 $ 520,000 $ 596,020 $ 523,504 $2,251,315 $1,858,255 $1,182,336 d � � � f Department of Education & Early Development Division of School Finance Woody Koning, Director of Engineering and Facilities Kodiak Island Borough 722 Mill Bay Road Kodiak, AK 99615 Re: DR 04 -122 Kodiak Learning Center Renovation bond redirect Dear Mr. Koning: Please let me know if you have any questions. Sincerely, am Kito III, P.E. Facilities Engineer cc: Rick Gifford, Kodiak Island Borough Manager (via email) Larry LeDoux, Kodiak Island Borough School District Superintendent (via email) SARAH PALIN, GOVERNOR Goldbelt Place 801 West 10'" Street, Suite 200 P.O. Box 110500 Juneau, Alaska 99811 -0500 (907) 465 -6906 (907) 463 -5279 fax Sam.Kito Alaska.Gov June 24, 2008 The department received the district's request to redirect funding from project DR 04 -122, Kodiak Learning Center Renovation, to project DR 05 -119, Ouzinkie Gym Renovation. The department has reviewed the request and the attached letter from bond counsel regarding the redirection. Based on the information provided by the district, the department approves the redirection of bond funds. The next activity for the district is to close out project DR 04 -122, and complete a project amendment for project DR 05 -119. These activities can take place concurrently, and will be initiated by the department. 0 printed on recycled paper Init. 1 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1 AGREEMENT made as of the day of (In words, indicate day, month and year) BETWEEN the Owner: (Name, address and other information) Kodiak Island Borough 710 Mill Bay Road, Kodiak, Alaska, 99615 Telephone Number: 907 486 9349 Fax Number: 907 486 9347 and the Contractor: (Name, address and other information) The Project is: (Name and location) A Document A101TM -1997 Ouzinkie School Gymnasium Addition and Seismic Upgrade Ouzinkie, Alaska The Architect is: (Name, address and other information) Jensen Yorba Lott, Inc 522 West 10th Street Juneau, Alaska 99801 The Owner and Contractor agree as follows. in the year of Two Thousand Eight 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 A201 -1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. AIA Document A101 TM —1997. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 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 14:54:16 on 04/29/2008 under Order No.10003087771 which expires on 6/25/2008, and is not tor resale. User Notes: (1240686674) Init. ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 8. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanic's liens and other security interests, the Owner's time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work) The Contractor shall achieve Substantial Completion of the entire Work not later than August 15, 2008 Portion of Work Substantial Completion Date , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work.) Liquidated damages of $1000 per day as per the Proposal form submitted by contractor. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be s. ($ ), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be tnade by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires) AIA Document A101 TM - 1997. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 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 14:54:16 on 04/29/2008 under Order No.1000308777_1 which expires on 6/25/2008, and is not for resale. User Notes: (1240686674) Init. § 4.3 Unit prices, if any, are as follows: Description Units Price ($ 0.00) ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the First day of a month, the Owner shall make payment to the Contractor not later than the Thirtieth day of the same month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than Thirty ( 30 ) days after the Architect receives the Application for Payment. § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Ten percent ( 10.00% ). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.8 of AIA Document A201 -1997; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Ten percent ( 10% ); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201 -1997. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and AIA Document A101TM — 1997. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 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 14:54:16 on 04/29/2008 under Order No. 1000308777_1 which expires on 6/25/2008, and is not for resale. User Notes: (1240686674) Init. (Section 9. $.5 of ALA Document A201 -1997 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201 -1997. § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting front the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) See General Conditions Section 00719, Paragraph 19.1 for detailed information regarding retainage. § 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when: .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201 -1997, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. .3 the Owner shall withhold 10% of the final pay application until Owner receives signed notification of project completion from the Alaska Department of Labor. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 6 TERMINATION OR SUSPENSION § 6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201 -1997. § 6.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201 -1997. ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 Where reference is made in this Agreement to a provision of AIA Document A201 -1997 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) ( 10.5 ) 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 Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) AIA Document A101 TM - 1997. Copyright Institute of Architects. AU rights reserved. reproduction or distribution of this AIA maximum extent possible under the law. expires on 6/25/2008, and is not for resale. User Notes: © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the This document was produced by AIA software at 14:54:16 on 04/29/2008 under Order No.1000308777_1 which (1240686674) 4 Init. § 7.3 The Owner's representative is: (Name, address and other information) Ken Smith, PE Project Manager 710 Mill Bay Road Kodiak, Alaska, 99615 Telephone: (907) 486 -9341 Fax: (907) 486 -9347 Email: ksmith @kodiakak.us § 7.4 The Contractor's representative is: (Name, address and other information) § 7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 7.6 Other provisions: ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS § 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: § 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor, AIA Document A101 -1997. § 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AIA Document A201 -1997. § 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated , and are as follows Document SC Number AIA Document A101 —1997. Copyright Institute of Architects. All rights reserved. reproduction or distribution of this AIA maximum extent possible under the law. expires on 6/25/2008, and is not for resale. User Notes: Title Special Conditions Pages 6 § 8.1.4 The Specifications are those contained in the Project Manual dated as in Section 8.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Title of Specifications exhibit: Project Manual Table of Contents (Table deleted) § 8.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: Project Manual Table of Contents (Table deleted) § 8.1.6 The Addenda, if any, are as follows: Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the This document was produced by AIA software at 14:54:16 on 04/29/2008 under Order No.1000308777_1 which (1240686674) 5 Init. § 8.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201- 1997 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) This Agreement is entered into as of the day and year first written above and is executed in at least three original copies, of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the Owner. OWNER (Signature) CONTRACTOR (Signature) 1 Rick Gifford, Borough Manager (Printed name and title) (Printed name and title) AIA Document A1 TM - 1997. Copyright Institute of Architects. All rights reserved. reproduction or distribution of this AIA maximum extent possible under the law. expires on 6/25/2008, and is not for resale. User Notes: © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991 and 1997 by The American WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the This document was produced by AIA software at 14:54:16 on 04/29/2008 under Order No.1000308777_1 which (1240686674) 6 1. ROLL CALL Kodiak Island Borough Assembly Special Meeting Guidelines June 26, 2008, 7:30 p.m., Borough Conference Room 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 Branson is attending the National Council on Aging Conference and has asked to be excused. Recommended motion: Move to specifically excuse any Assembly members that are absent. VOICE VOTE ON MOTION. 2. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda items not scheduled for public hearing and general comments. ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD. 3. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. Contract No. FY2008 -42 Construction Services for Ouzinkie School Seismic Upgrades and Gymnasium Renovation. Recommended motion: Move to authorize the manager to execute Contract No. FY2008 -42 with Wolverine Supply, Inc. of Wasilla, Alaska in the amount not to exceed $2,999,000. Staff Report — Manager Gifford. Assembly discussion - Amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 4. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION Kodiak Island Borough Assembly Guidelines June 26, 2008 Page 1 C Z 0 >' W m H ON SaA Mr. — Mg. Branson Mr. Friend Ms. Jeffrey Ms. Lynch lIeMSO 'Jw Ms. Stutes TOTAL alb a ;o asep ul Mayor Selby \'' 6 Z o 6 >' W CO N ON - SeA Mr. Abell Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Stutes IGE THEIR VOTE? TOTAL In case of a tie Mayor Selby a ... z 't o W m in ON C saA Mr. Abell 4 . .1 • • Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Stutes NYONE WISH TO C TOTAL In case of a tie Mayor Selby ON saA 0 o IV S3Oa Mr. Abell Mr. Friend Ms. Jeffrey Ms. Lynch Mr. Oswalt Ms. Stutes TOTAL In case of a tie Mayor Selby C Z 0 5: W m H '\ a ' 0 >' W m H ON 'saA \ \' Ilagv 'JW Mr. Friend Ms. Jeffrey Ms. Lynch IIemSO 'JW Ms. Stutes TOTAL In case of a tie_ j Mayor Selby KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Cl/assembly/roll call sheet