2009-10-22 Special Meeting
Kodiak Island Borough
Assembly Special Meeting Agenda
Thursday, October 22, 2009, 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. FY2010-20(A) Chiniak Library Demolition and Asbestos Removal.
B.
Contract No. FY2010-21Professional Services for the Estimation of Remaining
Gravel Reserves in the B-Tracts Material Site in the Bells Flats Alaska Subdivision.
C.
Resolution No. FY2010-12 Declaring the Continuance of a Local Disaster
Emergency in the Kodiak Island Borough and Authorizing the Submi
Request for Assistance to the State of Alaska.
4. ADJOURNMENT
This meeting was called by the Assembly.
TITLE:
Contract No. FY2010 -20(A) Chiniak Library Demolition and Asbestos Removal.
SUMMARY:
Kodiak Island Borough has several projects planned that require the services of an
Environmental Consultant/Abatement Contractor. After advertizing a request for proposals, KIB
entered into a term contract with Satori Group Inc. for Environmental Consulting and Abatement
Services for projects yet to be determined in accordance with KIBC procurement requirements.
The term contract in its present form does not authorize work nor does it obligate KIB for
payment. Rather it identifies terms and fees of agreement for work to be authorized in the
future.
The Old Chiniak Library has been derelict for years and has become an attractive nuisance and
a liability for the Borough. Staff received a cost estimate from Satori to assess the building,
remove and dispose of asbestos containing materials, provide site clearance according to
ADEC requirements, and demolish and dispose of the remainder of the building and debris.
Satori forwarded a cost estimate in an amount not -to- exceed $99,033.00. The proposed
amendment to the Term Contract will authorize the work and provide for compensation based
on actual time and materials according to the fee schedule and all requirements contained in the
Term Contract.
Kodiak Island Borough Code 3.16.020 "Limitation on Manager's Authority" states that a contract
exceeding $25,000 requires Assembly approval.
Sufficient funds for the project were approved in the 2010 budget.
Staff recommends the Borough Assembly amending Contract No. FY2010 -20 and authorize
Amendment #1 to be added to the existing Term Contract with Satori Group, Inc. for an amount
not -to- exceed $99,033.00 for building demolition and asbestos removal at the Old Chiniak
Library.
FISCAL NOTES:
Account No.:
Amount Budgeted: $103,000
Expenditure Required: $99,033
APPROVAL FOR AGENDA:
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
October 22, 2009 SPECIAL MEETING
il
ITEM NO: 3.A
RECOMMENDED MOTION: Move to authorize the Manager to execute Amendment #1 to
the existing Term Contract No. FY2010 -20 with Satori Group, Inc. of Anchorage, AK for an
amount not -to- exceed $99,033 for building demolition and asbestos removal at the Old
Chiniak Library.
Form Ver. 06/30/2009
October 15, 2009
Alan Caldwell, Project Manager
Satori Group, Inc.
1310 66 Avenue, Suite 2
Anchorage, AK 99518
Kodiak Island Borough
Engineering /Facilities Department
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (907) 486 -9343 Fax (907) 486 -9394
RE: Environmental Consulting Services Term Contract, Amendment #1
Dear Mr. Caldwell:
In response to your submission of cost estimates for Old Chiniak Library Demolition Project
dated 10- 13 -09, Kodiak Island Borough hereby authorizes Satori Group, Inc. to proceed with the
asbestos abatement and demolition option as described on a time and material basis in an amount
not to exceed $99,033. Upon execution this amendment and the submitted proposal is added to
and becomes part of Contract 2010 -20 (Term Contract). All terms and conditions of the Term
Contract shall apply to the Old Chiniak Library Demolition Project. Please sign and return both
originals.
AGREED:
BY:
Rick Gifford, Manager, date Alan Caldwell, Project Manager date
Kodiak Island Borough Satori Group, Inc.
ecywio -wcA)
OWNER - GENERAL CONTRACTOR
AGREEMENT
Cry �410�7-0
THIS AGREEMENT, made this day of , A.D., 2009, between the Kodiak Island
Borough, acting by and through its Borough Manager, party of the first part, and 5ATeK t C7 dbf
t� Kedialt, Alaska, a Corporation, incorporated under the laws of the State of Alaska, its successors and
assigns, party of the second part, hereinafter called the Contractor.
WITNESSETH: That the Contractor, for and in consideration of the payment or payments herein
specified and agreed to by the party of the first part, hereby covenants and agrees to provide the
services described in the Proposal for Borough owned projects as authorized for sums as described in
the fee schedule of the Proposal or as approved. Any project exceeding $25,000 will require
Assembly approval.
This contract commences from September 1, 2009 through June 30, 2012 with the option to extend,
upon satisfactory performance, determined solely by the Borough Manager, for three (3) additional
one (1) year periods upon the offering of the Borough Manager or designee. If the Borough makes
such an offer, the Contractor will have no more than thirty (30) days to accept or refuse the offer.
The Contractor further covenants and agrees that the entire work shall be done under the
administration and to the complete satisfaction of the Kodiak Island Borough, subject to inspection at
all times and approval by any participating agency of the Government of the United States of
America, and in accordance with the laws of the State of Alaska and rules and regulations of said
Federal Agency.
The Contractor further covenants and agrees that all of said work and labor shall be done and
performed in the best and most workmanlike manner and that all and every of said materials and
labor shall be in strict and entire conformity in every respect with the Scope of Work Document
attached to this Agreement and made a part hereof: and in case any of said materials or labor shall
be rejected by the Borough Manager or his authorized representative, as defective or unsuitable, then
the said materials shall be removed or replaced with other approved materials and said labor shall be
done anew to the satisfaction and the approval of the Borough Manager or his representative, at the
cost and expense of the Contractor.
To the fullest extent permitted by law, the Contractor agrees to defend, pay on behalf of, indemnify
and hold harmless the Kodiak Island Borough, its elected and appointed officials, employees and
volunteers and others working on behalf of the Kodiak Island Borough against any and all claims,
demands, suits or loss, including all costs connected therewith, and for any damages which may be
asserted, claimed or recovered against or from the Kodiak Island Borough, its elected and appointed
officials, employees, volunteers or others working on behalf of the Kodiak Island Borough, by reason
of personal injury, including bodily injury or death and/or property damage, including loss of use
thereof, which arises out of or is in any way connected or associated with this Agreement.
Page 1 of 3
Without limiting the Contractor's indemnification, it is agreed that the Contractor will purchase, at
his own expense and maintain in force at all times during the performance of services under this
Agreement, the following policies of insurance. Failure to maintain insurance may, at the option of
the Borough Manager, be deemed Defective Work and remedied in accordance with the Agreement.
Where specific limits are shown, it is understood that they will be the minimum acceptable limits. If
the Contractor's policy contains higher limits, the Borough shall be entitled to coverage to the extent
of such higher limits. As a condition of award, certificates of insurance must be furnished to the
Borough Manager.
These certificates must provide thirty (30) day prior notice to the Borough in the event of
cancellation, non - renewal or a material change in the policy. Proof of insurance is required of the
following:
Page 2 of 3
A . Workers' Compensation Insurance if applicable
The Contractor shall provide and maintain, for all employees of the Contractor engaged in
work under this Contract, Workers' Compensation Insurance as required by AS 23.30.045.
The Contractor will be responsible for Workers' Compensation Insurance for any
subcontractor who provides services under this Contract. This coverage must include
statutory coverage for States in which employees are engaging in work and employer's
liability protection not less than $100,000.00 per person, $100,000.00 per occurrence.
B . Comprehensive (Commercial) General Liability Insurance with coverage limits not less
than $1,000,000.00 combined single limit per occurrence and annual aggregates where
generally applicable and will include premise operations, independent contractors,
products /completed operations, broad form property damage, blanket contractual and
personal injury endorsements. The Kodiak Island Borough shall be named as an "Additional
Insured" under all liability coverage listed above.
C . Comprehensive Automobile Liability Insurance covering all owned hired and non -owned
vehicles and with coverage limits not less than $100,000.00 per person, $300,000.00 per
occurrence bodily injury, and $50,000.00 property damage.
The Contractor hereby agrees to receive the prices set forth in the proposal as full compensation for
furnishing all the materials and labor which maybe required in the prosecution and completion of the
whole work to be done under this Agreement, and in all respects to complete said Agreement to the
satisfaction of the Borough Manager.
It is further distinctly agreed that the said Contractor shall not assign this Agreement, or any part
thereof or any right to any of the monies to be paid him hereunder, nor shall any part of the work be
done or materials furnished under this Agreement.
Payment for services rendered under this Agreement shall be made by the Kodiak Island Borough
within thirty [30] days of completion/delivery, acceptance by the Kodiak Island Borough and
invoicing by Contractor.
IN WITNESS WHEREOF, The Kodiak Island Borough Manager, by authority in him vested, has
executed this contract on behalf of the Kodiak Island Borough, and the said have
hereunto set their hands and seals, the day and year first above written.
KODIAK ISLAND BOROUGH
By
Attest:
By
Page 3 of 3
By
ick L. Giffo
Borough Manager
U
Woody Koning
Director, Engineering/Fac lities
Nova M. Javier,
MC
CONTRACTOR
Name: - bege c- Lucfis
Title: 14« ?ices 4E94
October 13, 2009
Woody Koning, Engineering Facilities Director
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615
Dear Mr. Koning,
Respectfully yours,
Alan Caldwell
Project Manager
Satan Group, Inc.
End:
Salon Group, �nc.
Reference: Kodiak Island Borough Environmental Consulting Services
Please find enclosed our pricing proposal for abatement and demolition of the Chiniak Library building. If
there are any questions that need clarification with our proposal please do not hesitate to contact me.
1310 E. 66 Avenue, Ste. 2 — Anchorage, AK 99518
Ph 907.332.0456 Fax 907.332.0457
www.gosatori.com
1
PROPOSAL:
CHINIAK LIBRARY ABATEMENT AND
DEMOLITION
KODIAK ISLAND BOROUGH
KODIAK, ALASKA
PREPARED FOR:
Kice►OIAk
ISLAND
B JROUGH
KODIAK ISLAND BOROUGH
OFFICE OF THE MAYOR
710 MILL BAY ROAD
KODIAK, ALASKA 99615
PREPARED BY:
„Safari Group, I nc.
i 3 1 0 E. 6ti Ave., #2
Anchorage, AK 995 8
Satori Group, Inc.
Site Activities
Prior to arriving to the site, Satori will coordinate completion of the following necessary
requirements:
• Utility locate scheduled & points of contact
• Notifications (EPA /OSHA),
• Review of worker certifications
• Site PoC notification of site arrival
• Haul routes
• Location for interim site storage of hazardous waste
Upon arrival at the job site, Satori personnel inspect site conditions with the team
members. The Site Superintendent will be the lead point of contact for execution of the
contract.
Asbestos Remediation
Asbestos containing materials will be completely abated from the buildings prior to
demolition. The materials will be adequately wetted prior to handling and removal will
be accomplished using trained and certified asbestos workers. All ACM will be
properly disposed of at the Kodiak Landfill which is an asbestos permitted landfill. A
signed disposal manifest will be provided as evidence the material was removed and
disposed of in accordance with governing regulations. The materials to be removed
include:
• Exterior Panels on building
• Flooring to include tiles and mastic
• Mastic on bathroom walls
• Vent stacks (2)
• Entryway vinyl flooring
The exterior panels that contain ACM will be removed fully intact using wet methods
and hand tools. Each exterior panel will be wrapped in 6 -mil polyethylene sheeting and
labeled as ACM materials. Flooring materials, and all others, will be removed intact and
placed into impermeable and leak tight containers for disposal. The wood subfloor
containing asbestos mastic will be removed during the abatement process. All materials
will be labeled in accordance with OSHA and EPA regulations.
Building Demolition
Once all the ACM materials have been removed, Satori will then commence with
building demolition. The Competent Person will visually verify all electrical, water, and
heating has been disconnected and removed before demolition begins. Satori will
1310 EAST 66m AVENUE, SUITE #2 ANCHORAGE, ALASKA. 99518
PH: (907) 332 -0456 FAX: (907) 332 -0457
www.gosatori.com
Introduction
5atori Group, Jnc.
Satori Group, Inc. is pleased to provide a pricing proposal for abatement and demolition
to the Kodiak Island Borough for the Chiniak Library.
Satori Group is a diverse, woman -owned contracting business dedicated to our clients
needs. We employ degreed professionals and an experienced labor pool proficient at
environmental plan development, safety & health planning, contaminated site
investigations, groundwater monitoring, UST removal, contaminated soil screening,
hazardous material remediation and disposal, interior or whole building demolition and
more.
Satori Group Inc. is an approved American Industrial Hygiene Association (AIHA)
laboratory for analysis of Phase Contrast Microscopy (PCM) and we are also an EPA
approved Lead -Based Paint Firm employing EPA certified Risk Assessors.
Experience and Qualifications
Satori Group has a proven track record and can quickly execute the scope of work
defined below or any changes that may arise during the project. Our experience in self
performing or managing similar contracts dates back to our inception in 2001. A brief
example of similar projects completed by Satori includes the following:
• Cook Inlet Housing Authority 741 Building demolition
• U. S. Army Ft. Wainwright - Replace Family Housing - FTW293 - 4 Buildings
• Tanana BLM Facility Demolition - Multiple Structures
• Galena BLM Facility Demolition - Multiple Structures
• Tanacross BLM Facility Cleanup
• Military Officer's Quarters - Townhouse Z - USCG Station Kodiak
• Cook Inlet Housing Authority - Various Abatement /Demolition Projects
• Sierra Army Post - Building P1
• Riverbank Army Ammunition Plant - Water Cooling Tower
Technical Approach
The following section provides a brief overview of processes implemented by Satori
Group during site activities.
1310 EAST 66TH AVENUE, SUITE #2 ANCHORAGE, ALASKA 99518
PH: (907) 332 -0456 FAX: (907) 332 -0457
www.gosatori.com
The job posting board, first aid stations, fire extinguishers, eye wash stations, and other
response items are positioned on site before any work is started. The Site
Superintendent ensures subcontractors are OSHA compliant and that all site personnel
are made aware of safety procedures during daily safety meetings.
5atori Group, Inc.
Kodiak Island Borough
Assembly Special Meeting Agenda
Thursday, October 22, 2009, 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. FY2010 -20(A) Chiniak Library Demolition and Asbestos Removal.
B. Contract No. FY2010 -21 Professional Services for the Estimation of Remaining
Gravel Reserves in the B- Tracts Material Site in the Bells Flats Alaska Subdivision.
C. Resolution No. FY2010 -12 Declaring the Continuance of a Local Disaster
Emergency in the Kodiak Island Borough and Authorizing the Submission of a
Request for Assistance to the State of Alaska.
4. ADJOURNMENT
5atori Group, Inc.
demolish the building using mechanical equipment and placing the subsequent debris
into disposal containers to be hauled to the Kodiak Landfill.
All inert materials from the building demolition will be placed into a pit for burning on
site. No materials with hazardous coatings will be allowed into the burn pit. AU
procedures will be in accordance with OSHA and ADEC regulations in place for open
pit burning of construction materials.
Burning the combustible materials is the most economical way of dealing with the
debris, especially given the long haul distance, disposal fees, and limited Landfill
capacity. Demolition and disposal of the entire building without burning would
generate between 300 -400 CY of debris and escalate the cost an additional $55,000 --
$80,000, not including associated fees for trucking.
Safety & Health
Site Safety and Health Plans (SSHP) developed by Satori are tailored to exceed OSHA
requirements and are reviewed multiple times before submission. We develop a
separate hazard communication program for each project. The SSHP offers the
following information:
• Health and Safety Policy Statement
• Project & Site Description
• Project Personnel & Organization
• The Zero Accident Process
• Site Safety Meetings Schedule
• Personnel Training Requirements
• Site Specific Hazards (Activity Hazard Analysis) List
• Chemical & Biological hazards List
• Heat & Cold Stress Analysis
• Personal Protective Equipment List
• Emergency Response Procedures & Points of Contact (POC)
• HospitaI Locations & POCs
• Respiratory Protection Program
Finally, the SSHP includes a document signature page indicating full acknowledgement
by the Project Manager, Health and Safety Manager, and the Quality Control Manager.
In preparation for a project task, Satori holds daily safety meetings prior to commencing
work. Each employee is required to attend the meetings and participate by presenting a
safety topic for consideration. When the SSHP is finalized, it includes a document
signature page indicating full acknowledgement by the project manager, health and
safety manager, and the quality control manager.
1310 EAST 66TH AVENUE, SUITE #2 ANCHORAGE, ALASKA 99518
PH: (907) 332 -0456 FAX: (907) 332 -0457
www.gosatori.com
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TITLE:
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
OCTOBER 22, 2009 SPECIAL MEETING
ITEM NO: 3.B
Contract No. FY2010 -21 Professional Services for the Estimation of Remaining Gravel
Reserves in the B- Tracts Material Site in the Bells Flats Alaska Subdivision.
SUMMARY:
The contractor will complete a quantity estimate of the gravel reserves remaining on the B-
Tracts material site in Bells Flats. This site is the only identified and developed source of gravel
on the Kodiak road system suitable for use in asphalt and concrete production.
The method proposed consists of drilling a series of test holes around the perimeter of the pond
to determine depth to bedrock, and combining that information with data derived from an
updated topographic survey to calculate an accurate estimate of the remaining resource.
Several of the drill holes will then be converted to monitoring wells for purposes of groundwater
quality monitoring and tracking of water table changes. The drilling will also be used to develop
some conclusions regarding the quality of the remaining material.
A current site specific understanding of the quantity of material remaining and of what is
occurring outside of the boundary of the lease area will provide important information entering
into a long term lease. This will help ensure that maximum utilization of the resource can be
balanced with off -site neighborhood and fishery habitat concerns.
FISCAL NOTES:
Account No.: 210 - 231 - 430 -140
Amount Budgeted: Funding will be from the Land Sales Fund. A mid -year budget adjustment
will be made for $100,000 to cover this contract and any related issues that may arise.
Expenditure Required: $72,310
APPROVAL FOR AGENDA:
RECOMMENDED MOTION: Move to authorize the Manager to execute Contract No.
FY2010 -21 with Recon, LLC (Rowland Engineering Consultants) of Palmer, Alaska in an
amount not to exceed $72,310.
Form Ver. 06/30/2009
negligent act or omission of the Contractor, or any of his officers, agents, employees or
servants; (ii) to pay for all materials furnished and services performed by the Contractor's
sub consultants or suppliers after the Contractor has been paid by the Kodiak Island
Borough for the same under this Agreement.
7. Claims. (a) Partial payments for work performed under this Agreement will equal the value
of the work done by the Contractor at the agreed price, less the sum of previous payments
as provided above; provided that the Contractor is not indebted to the Kodiak Island
Borough or anyone else for professional services, fringes, taxes, supplies, materials,
equipment, rental or other proper charges against the services covered by the Kodiak Island
Borough from any payment or payments made under this provision. (b) The Contractor
must notify the Kodiak Island Borough or its agent of any and all claims for costs in excess
of the contract amount within ten (10) days of incurring such costs.
8. Changes and Modifications. (a) The Kodiak Island Borough may, at any time by written
order signed by the Project Manager of the Kodiak Island Borough, make changes in the
specifications for services hereunder or in the project schedule. Both parties must agree
upon any additions or reductions to the amount of this Agreement resulting from authorized
changes, whether initiated by Contractor or the Kodiak Island Borough in writing hereto,
subject to the contract and sale provisions of the Kodiak Island Borough Code. (b) The
cost or credit to the Kodiak Island Borough resulting from a change in the services or in the
project schedule shall be determined as follows:
a. by mutual acceptance of a lump sum properly itemized and supported by sufficient
substantiating data to permit evaluation; or
b. by the hourly fees stated in the Contract Documents or subsequently agreed upon.
9. Prosecution of Work. The Contractor shall prosecute the work in a prompt and diligent
manner whenever such work or any part of it becomes available, in order to promote the
general progress of the entire project. Upon written request by the Kodiak Island Borough,
the Contractor shall furnish to the Kodiak Island Borough such evidence as the Kodiak
Island Borough may require relating to the ability of the Contractor to complete the project.
10. Delays. In the event the Contractor's performance is delayed or interfered with by acts of
the Kodiak Island Borough, or any other justifiable cause beyond the control of the
Contractor, he may request an extension of time for the performance of same.
11. Approvals. The Contractor shall obtain and pay for permits, licenses, and official
inspections made necessary by his work, and shall comply with all laws, ordinances and
regulations bearing on his work and the conduct thereof.
12. Stop Work. (a) If the Contractor fails to correct defective services as required herein or
persistently fails to carry out the project in accordance with the Contract Documents, the
Kodiak Island Borough, by a written order, signed personally or by an agent may order the
Contractor to stop work, or any portion thereof, until the cause for such order has been
eliminated; however, this right of the Kodiak Island Borough to stop work shall not give
rise to any duty on the part of the Kodiak Island Borough to exercise this right for the
benefit of the Contractor or any other person or entity.
Page 2 of 5
\Wove \users\rscholze\AGREEMENT FOR PROFESSIONAL SERVICES Tellus 090501 (2).doCX
AGREEMENT FOR PROFESSIONAL SERVICES
Estimate of Remaining Gravel Reserves
THIS AGREEMENT is made this day of October, 2009 by and between the
Kodiak Island Borough (MB) and RECON, LLC (Rowland Engineering Consultants) of
Palmer, AK, hereinafter called the Contractor.
WITNESSETH:
That the MB and Contractor for consideration hereinafter recited agree as follows:
1. Project Description. The contractor shall provide engineering consulting services to KIB
to complete a quantity estimate of the gravel reserves remaining on the B- Tracts material
site in Bells Flats (Tracts B1, 82, B3 and B4A, Bells Flats Alaska Subdivision).
Page 1 of 5
The work consists of three primary tasks as follows:
A. Drilling a series of 9 -12 test holes, totaling approximately 600 ft. of geotechnical
drilling, around the perimeter of the existing ponds on the B- Tracts to calculate bedrock
surface underneath the ponds. The drilling will also be used to develop some
conclusions regarding the quality of the remaining material.
B. Update the survey of the current ground surface and pond bathymetry to generate an
estimate of the volume of mineable material.
C. Conversion of 4 -6 of the drill holes to monitoring wells for purposes of ongoing
groundwater water monitoring and tracking of water table changes.
All work to be performed in accordance with the scope of work and fee schedule
described in the attachment labeled Exhibit "A ".
2. Job Commencement and Performance. The Contractor will commence work on this
project as soon as possible upon receipt of signed agreement be completed by December
31, 2009.
3. Project Manager. The project manager shall be the Borough Manager or his assign.
4. Compensation. The Kodiak Island Borough agrees to pay the Contractor as compensation
for services an amount not to exceed $72,310 for completion of work.
5. Payment. Project payment requests may be submitted monthly. Final payment request
shall be made at the end of the project. The Kodiak Island Borough shall pay the Contractor
no later than thirty (30) days after submittal of the payment request.
6. Indemnification. The Contractor specifically obligates himself to the Kodiak Island
Borough in the following respects to wit: (i) to indemnify the Kodiak Island Borough
against and save it harmless from any and all claims, suits, liability, on account of any
\Wovelusers lrscholze\AGREEMENT FOR PROFESSIONAL SERVICES Tellus 090501 (2).dOCX
13. Time. Definitions:
a. unless otherwise provided, the contract time is the period of time allotted in this
Agreement for substantial completion of the project.
b. the date of commencement of the project is the date established in this Agreement as set
forth above.
c. the date of substantial completion of the project or designated portion thereof is the date
certified by the Project Manger when the project is sufficiently complete, in accordance
with the Contract Documents, so the Kodiak Island Borough can utilize the project or
designated portion thereof for the use for which it is intended.
d. the date of final completion is the date that the Kodiak Island Borough certifies either
orally or in writing that the project is finished.
e. the term "day ", as used in the Contract Documents, shall mean calendar day unless
otherwise specifically designated.
f. all time limits set forth herein are of the essence in this Agreement.
14. Payments Withheld. The Kodiak Island Borough may withhold payments from the
Contractor for any of the following reasons:
a. the application for payment mistakes the amount of services completed;
b. defective services not remedied;
c. third party claims filed or reasonable evidence indicating probable filing of such
claims;
d. failure of the Contractor to make payments properly to consultants and contractors or
for professional services, materials, or equipment after the Contractor has been paid for
the same;
e. reasonable evidence that the project cannot be completed for the balance of the contract
sum;
reasonable evidence that the project will not be completed within the contract time; and
persistent failure to perform the services in accordance with the contract documents.
f.
g•
15. Final Completion and Final Payment. When project is complete as determined by KIB,
the KIB will cause a final payment to issue and make payment to the Contractor within
thirty (30) days from the date that the project was certified as finally complete on the
conditions set forth below.
16. Termination and Default.
Page 3 of 5
(b) If the Contractor defaults or neglects to carry out the work in accordance with the
Contract Documents and fails within fourteen (14) days after receipt of written notice from
the Kodiak Island Borough to commence and continue correction of such default or neglect
with diligence and promptness, the Kodiak Island Borough may, after seven (7) days
following receipt by the Contractor of an additional written notice and without prejudice to
any other remedy it may have, make good such deficiencies but use its best efforts to
mitigate the cost of curing such default. In such case an appropriate change order shall be
issued deducting from the payments then or thereafter due the Contractor the cost of
correcting such deficiencies, including compensation for the Project Manager's additional
services made necessary by such default, neglect, or failure.
\\dovelusers\rscholze\AGREEMENT FOR PROFESSIONAL SERVICES Tellus 090501 (2).dOCX
(a) If the Contractor is adjudged as bankrupt, or if he makes a general assignment for the
benefit of his creditors, or if a receiver is appointed on account of his insolvency, or if he
refuses or fails, except in cases for which extension of time is provided, to supply enough
properly skilled professionals or proper services, or if he fails to make prompt payment to
subcontractors or for materials or labor after he has been paid, or persistently disregards
laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or
otherwise is guilty of a violation of a provision of the Agreement, then the Kodiak Island
Borough may, without prejudice to any right or remedy and after giving the Contractor
seven (7) days' written notice, terminate the employment of the Contractor and take
possession of all materials and documents prepared by the Contractor in connection with
the project, and may finish the work by what ever method it may deem expedient. In such
case, the Contractor shall not be entitled to receive any further payment until the work is
finished.
(b) If the unpaid balance of the contract sum exceeds the costs of finishing the project,
including compensation for the Project Manager's additional services made necessary
thereby, such excess shall be paid to the Contractor. The amount to be paid to the
Contractor shall be certified by the Project Manager, upon application, and this obligation
for payment shall survive the termination of the Agreement.
17. Assignment. This Agreement shall not be assigned by operation of law or through
negotiated agreement by the Contractor without the written permission of the Kodiak
Island Borough. However, subcontracting portions of the project to be performed pursuant
to the Agreement shall not be considered an assignment for the purposes of this Agreement.
18. No Waiver. Failure of the Kodiak Island Borough or the Contractor to enforce a specific
section of this Agreement against one another or to enforce a particular demand of the
Kodiak Island Borough or the Contractor made pursuant to the terms of this Agreement
shall not affect a waiver of any of the Kodiak Island Borough's or the Contractor's rights
and powers as set forth in this Agreement.
19. Written Notice. Written notice shall be deemed to have been duly served if delivered in
person to the individual or member of the firm or entity or to an officer of the corporation
for whom it was intended, or if delivered at or sent by registered or certified mail to the last
business address known to him who gives the notice.
20. Integration. The Agreement and referenced documents represent the entire integrated
agreement between the parties hereto and supersedes all prior negotiations, representations,
or agreements, either written or oral.
21. Notice. Written notice pursuant to this Agreement shall be deemed delivered to either party
if hand delivered to a superintendent or officer of a party or mailed to the parties at the
following addresses:
Page 4 of 5
Kodiak Island Borough
Office of the Manager
710 Mill Bay Road
Kodiak, AK 99615 -6398
Steve Rowland
RECON, LLC.
481 W. Arctic Ave.
Palmer, AK 99645
\ \dove \users\rscholze\AGREEMENT FOR PROFESSIONAL SERVICES Tellus 090501 (2).dOCX
22. Kodiak Island Borough Furnished Data. Kodiak Island Borough will provide to the
Contractor all data in Kodiak Island Borough's possession relating to the Contractor's
services on the Project. The Contractor will reasonably rely upon the accuracy, timeliness
and completeness of the information provided by Kodiak Island Borough.
23. Reuse of Protect Documents. All reports, documents and other deliverables of the
Contractor, whether in hard copy or in electronic form, are instruments of service for this
Project, whether the Project is completed or not. Reuse on another project, change, or
alteration by Kodiak Island Borough or by others acting through or on behalf of Kodiak
Island Borough of any such instruments of service without the written permission of the
Contractor will be at Kodiak Island Borough's sole risk.
24. Litigation Assistance. The Scope of Services does not include costs of the Contractor for
required or requested assistance to support, prepare, document, bring, defend or assist in
litigation undertaken or defended by Kodiak Island Borough. All such Services required or
requested of the Contractor by Kodiak Island Borough, except for suits or claims between
the parties to this agreement, will be reimbursed as mutually agreed, and payment for such
Services shall be in accordance with Section 5, unless and until there is a finding by a court
or arbitrator that the Contractor's sole negligence caused Kodiak Island Borough's damage.
Page 5 of 5
Kodiak Island Borough RECON, LLC
By: By:
Rick Gifford Steve Rowland
Borough Manager
ATTEST:
By:
Nova M. Javier, CMC
Borough Clerk
\ \dove \users\rscholze\AGREEMENT FOR PROFESSIONAL SERVICES Tellus 090501 (2).doCX
Proposed Scope of Work:
1. Contract with a drilling company to provide approximately 600 ft of geotechnical
drilling. This is estimated to provide from 9 -12 holes around the perimeter of the pits.
2. Complete 4 -6 of the holes as monitoring wells.
3. Contract with a surveyor to update the 2006 site survey and locate the drillhole collars.
4. Develop an estimated bedrock surface using drillhole data.
5. Develop an estimated volume of recoverable material based on the drillhole information,
updated survey data and proposed mining methods.
6. Complete report with drill logs, bedrock map and calculated volumes.
Estimated fee for professional services
Senior Engineer
Project Engineer
Project Engineer
Secretary
Travel and Accommodation
Drilling
Survey
Total estimated:
10 hrs @ $140/hr
100 hrs @ $110/hr
7 field days @ $1200 /day
4 hrs @ $45/hr
600 ft @ $50 /ft (x1.1)
$14,300 (x1.1)
Job incurred expenses will be billed at 1.15 times actual expenses.
Subcontractors will be billed at 1.1 times actual cost
Per diem for meals is charged at $60 /day
&ben- "1 "
$ 1,400
$11,000
$ 8,400
$ 180
$ 2,600
$33,000
$1 5,730
$72,310
TITLE:
Resolution No. FY2010 -12 Declaring the Continuance of a Local Disaster Emergency in
the Kodiak Island Borough and Authorizing the Submission of a Request for Assistance
to the State of Alaska.
SUMMARY:
Kodiak Island Borough Manager Rick Gifford signed a local disaster declaration with a request
for State of Alaska assistance on October 16, 2009.
Alaska Statutes 26.23.140 Local Disaster Emergencies section A states: "A local disaster
emergency may be declared only by the principal executive officer of a political subdivision. It
may not be continued or renewed for a period in excess of seven days, except by or with the
consent of the governing board of the political subdivision.
Adoption of this Resolution gives authorization for the continuance of a local disaster
emergency in the Kodiak Island Borough and authorizes the submission of a request for
assistance to the State of Alaska.
FISCAL NOTES:
Account No.:
Amount Budgeted:
Expenditure Required:
APPROVAL FOR AGENDA:
RECOMMENDED MOTION: Move to adopt Resolution No. FY2010 -12.
Form Ver. 06/30/2009
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
OCTOBER 22, 2009 SPECIAL MEETING
ITEM NO: 3.0
Introduced by:
Requested by:
Drafted by:
Introduced on:
Adopted on:
KODIAK ISLAND BOROUGH
RESOLUTION NO. FY 2010 -12
A.O. Cassidy
Borough Assembly
Borough Clerk/A.O. Cassidy
10/22/2009
A RESOLUTION OF THE ASSEMBLY DECLARING THE CONTINUANCE OF A
LOCAL DISASTER EMERGENCY IN THE KODIAK ISLAND BOROUGH AND AUTHORIZING
THE SUBMISSION OF A REQUEST FOR ASSISTANCE TO THE STATE OF ALASKA
WHEREAS, the Kodiak Island Borough is a subdivision within the State of Alaska; and
WHEREAS, Kodiak Island Borough Manager Rick Gifford signed a local disaster declaration
with a request for State of Alaska assistance on October 16, 2009; and
WHEREAS, commencing on October 9, 2009, the Kodiak Island Borough sustained severe
losses and threats to properties from a weather event that resulted in over six inches of rainfall in
a 24 hour period; and
WHEREAS, the following conditions exist as a result of the disaster emergency:
• Damage and erosion to local roads and drainage ditches (plugging of culverts by
road material causing overflowing of drainage ditches).
• Massive erosion to Department of Transportation managed roads due to plugging
of culverts and overflowing of water as well as removal of large quantities of
landslide debris from failing hillsides.
• Massive erosion and damage to the roads serving the Terror Electric
Hydroelectric Power Plant.
WHEREAS, the severity and magnitude of the emergency is beyond the timely and effective
response capability of Borough resources; and
WHEREAS, Alaska Statutes 26.23.140 Local Disaster Emergencies section A states: "A local
disaster emergency may be declared only by the principal executive officer of a political
subdivision. It may not be continued or renewed for a period in excess of seven days, except by
or with the consent of the governing board of the political subdivision. An order or proclamation
declaring, continuing, or terminating a local disaster emergency shall be given prompt and
general publicity, and shall be filed promptly with the Alaska division of homeland security and
emergency management and the appropriate municipal clerk."
NOW, THEREFORE BE IT RESOLVED, THAT THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH hereby declares the continuance of a local disaster emergency in Kodiak and
requests that the Governor declare that a disaster emergency exists as described in AS 26.23
and provide State assistance to the Kodiak Island Borough in its response and recovery from this
event.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS DAY OF 2009
ATTEST: Jerome M. Selby, Borough Mayor
Nova M. Javier, MMC, Borough Clerk
KODIAK ISLAND BOROUGH
Kodiak Island Borough Resolution No. FY2010 -12
Page 1 of 1
.1- .40
O
a,7 q4
, p LOCAL DISASTER GOVERNMENET DISASTER DECLARATION WITH
ALASKA
4
5 WHEREAS, commencing on October 9' 2009 the Kodiak Island Borough sustained severe
6 losses and threat to property from a weather event that resulted in over 6 inches of
7 rainfall in a 24 hour period; and
8
9 WHEREAS,The Kodiak Island Borough is a subdivision within the State of Alaska; and
10
11 WHEREAS, The following conditions exist as a result of the disaster emergency:
12
13 • Damage and erosion to local roads and drainage ditches (plugging of culverts by
14 road material causing overflowing of drainage ditches); and
15 • Massive erosion to DOT managed roads due to plugging of culverts and
16 overflowing of water as well as removal of large quantities of landslide debris from
17 failing hillsides; and
18 • Massive erosion and damage to the roads serving the Terror Electric
19 Hydroelectric Power Plant
20
21 WHEREAS, The severity and magnitude of the emergency is beyond the timely and effective
22 response capability of Borough resources; and
23
24
25 THEREFORE BE IT RESOLVED BY THE BOROUGH MANAGER OF THE KODIAK ISLAND
26 BOROUGH to declare a Disaster Emergency per AS 26.23.140 to exist within the Kodiak Island
27 Borough.
28
29 FUTHERMORE, it is requested that the Governor declare a Disaster Emergency to exist as
30 described in AS 26.23 and provide State assistance to the Kodiak Island Borough in its response
31 and recovery from this event.
32
33 FURTHER, the undersigned certifies that the Kodiak Island Borough has or will expend local
34 resource in the amount of (to be determined) as a result of this disaster for which no State or
35 Federal reimbursement will be requested.
36
37
38 SIGNED THIS / G 1-4 DAY OF
39
40
41
42
43
44
45
46 ATTEST:
47
48
49
50 Nova Javier, M)'C, Borough Clerk
"1-
REQUEST FOR STATE ASSISTANCE
2009
KODIAK ISLAND BOROUGH
i
�� -
Rick L. Giff• wry: `r • . 1, anager
s
•
1. ROLL CALL
Kodiak Island Borough
Assembly Special Meeting Guidelines
Thursday, October 22, 2009, 7:30 p.m.
Borough Conference Room
KIBC 2.30.020.... the Chair shall cause the record to reflect the absence of the member,
the REASON for the absence, and whether the absence is excused by the Assembly.
Recommended motion: Move to 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. CONTRACTS
1. Contract No. FY2010 -20(A) Chiniak Library Demolition and Asbestos Removal.
Recommended motion: Move to authorize the Manager to execute
Amendment #A to the existing Term Contract No. FY2010 -20 with Satori
Group, Inc. of Anchorage, AK for building demolition and asbestos removal
at the Old Chiniak Library for an amount not to exceed $99,033.
Staff Report — Administrative Official Cassidy
Assembly Discussion.
ROLL CALL VOTE ON MOTION.
2. Contract No. FY2010 -21 Professional Services for the Estimation of Remaining
Gravel Reserves in the B- Tracts Material Site in the Bells Flats Alaska
Subdivision.
Recommended motion: Move to authorize the Manager to execute Contract
No. FY2010 -21 with Recon, LLC (Rowland Engineering Consultants) of
Palmer, Alaska for professional services in an amount not to exceed
$72,310.
Staff Report — Administrative Official Cassidy
Assembly Discussion.
ROLL CALL VOTE ON MOTION.
Kodiak Island Borough Assembly Guidelines
October 22, 2009 Page 1
B. RESOLUTIONS
1. Resolution No. FY2010 -12 Declaring the Continuance of a Local Disaster
Emergency in the Kodiak Island Borough and Authorizing the Submission of a
Request for Assistance to the State of Alaska.
Recommended motion: Move to adopt Resolution No. FY2010 -12.
Staff Report — Administrative Official Cassidy
Assembly Discussion.
ROLL CALL VOTE ON MOTION.
4. ADJOURNMENT
Recommended motion: Move to adjourn the meeting.
ROLL CALL VOTE ON MOTION.
Kodiak Island Borough Assembly Guidelines
October 22, 2009 Page 2
Mayor Selby
The mayor may not vote exce
Ms. Stutes
TOTAL:
Ms. Lynch
Mr. Kaplan
Ms. Jeffrey
Ms. Fulp
Mr. Friend
Ms. Branson
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Mayor Selby
,pt in the case where only six members of the assembly are present and there is a thre
Ms. Stutes
TOTAL:
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Mr. Kaplan
Ms. Jeffrey
Ms. Fulp
Mr. Friend
Ms. Branson
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Ms. Stutes
TOTAL:
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Mr. Kaplan
Ms. Jeffrey
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KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET