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2010-07-01 Regular MeetingKodiak Island Borough Assembly Regular Meeting Agenda Thursday, July 1, 2010, 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 Meetings of May 20, 2010 and Special Meeting of June 1, 2010. 6. AWARDS AND PRESENTATIONS A. Government Finance Officers Association Distinguished Budget Presentation Award. 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS 9. PUBLIC HEARING 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS A. Contracts 1. Contract No. FY2007 -22A Amending Contract No. FY2007 -22 Kodiak Landfill Lateral Expansion Design and Construction Services. B. Resolutions -None. C. Ordinances for Introduction -None. 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 D. Other Items 1. BOARD OF ADJUSTMENT - Adoption of Findings of Fact Affirming the Planning and Zoning Commission's Decision on Case No. 10 -013 of March 10, 2010, Overturning an Administrative Order Resulting in the Issuance of a Notice of Violation Regarding the Use of Lot 10, Block 1, Pasagshak Subdivision for a "Full- Service Lodge, Including Room Accommodations, Meals, Guiding, and Transport Services." The Appellants are Seeking Specific Relief. Appellants: Richard and Nancy Diemer. 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 17. EXECUTIVE SESSION A. Borough Clerk's Performance Evaluation. B. Borough Manager's Performance Evaluation. 18. ADJOURNMENT 19. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 1. Architectural Review Board Regular Meetings of February 23 and May 26, 2010. 2. Fire Protection Area No. 1 Board Regular Meeting of May 18, 2010, and Special Meeting of June 1, 2010. 3. Parks and Recreational Committee Regular Meeting of May 11, 2010. 4. Planning and Zoning Commission Regular Meeting of April 21, 2010, and Special Meeting of April 28, 2010. 5. Solid Waste Advisory Board Regular Meeting of April 7, 2010. B. Reports 1. Kodiak Island Borough School District Board of Education Regular Meeting of 2. Kodiak Island Borough Short Reports of April and May 2010. 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 July 1, 2010, 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 Asseniblymember so' requests, in which case the item will be removed from the Consent: Agenda and considered in its normal sequence on the agenda. 5.. �4PPROVAL OF MINUTES ,ty \ *Regular Meetings of May 20, 2010 andSpecial Meeting of June 1, 2010. 6. AWARDS AND PRESENTATIONS A. Government Finance Officers Association Distinguished Budget Presentation Award. 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS .7 9. PUBLIC HEARING 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS ' tom. 13. NEW BUSINESS A. Contracts 1. Contract No. FY2007 -22A Amending Contract No. FY2007 -22 Kodiak Landfill Lateral Expansion Design and Construction Services. B. Resolutions - None. C. Ordinances for Introduction - None. 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 D. Other Items 1. BOARD OF ADJUSTMENT - Adoption of Findings of Fact Affirming the Planning and Zoning Commission's Decision on Case No. 10 -013 of March 10, 2010, Overturning an Administrative Order Resulting in the Issuance of a Notice of Violation Regarding the Use of Lot 10, Block 1, Pasagshak Subdivision for a "Full- Service Lodge, Including Room Accommodations, Meals, Guiding, and Transport Services." The Appellants are Seeking Specific Relief. Appellants: Richard and Nancy Diemer. 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 17. EXECUTIVE SESSION A. Borough Clerk's Performance Evaluation. B. Borough Manager's Performance Evaluation. 18. ADJOURNMENT 19. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 1. Architectural Review Board Regular Meetings of February 23 and May 26, 2010. 2. Fire Protection Area No. 1 Board Regular Meeting of May 18, 2010, and Special Meeting of June 1, 2010. 3. Parks and Recreational Committee Regular Meeting of May 11, 2010. 4. Planning and Zoning Commission Regular Meeting of April 21, 2010, and Special Meeting of April 28, 2010. 5. Solid Waste Advisory Board Regular Meeting of April 7, 2010. B. Reports 1. Kodiak Island Borough School District Board of Education Regular Meeting of 2. Kodiak Island Borough Short Reports of April and May 2010. 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 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, May 20, 2010, 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, Borough Assembly members Pat Branson, Sue Jeffrey, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. BRANSON moved to excused Assembly members Friend and Fulp who were absent for personal reasons. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA JEFFREY moved to approve the agenda and consent agenda as submitted. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES None. AWARDS AND PRESENTATIONS Mayor Selby proclaimed May 23 through May 30, 2010, National Safe Boating Week urging all those who boat to be "Boat Smart. Boat Safe. Wear It." and practice safe boating habits. Debora King Kodiak Chamber of Commerce Executive Director, gave the Chamber's annual budget presentation. Janet Buckingham Kodiak Island Convention and Visitors Bureau Executive Director, gave the Bureau's annual budget presentation and overview of programs. CITIZENS' COMMENTS KODIAK ISLAND BOROUGH Assembly Regular Meeting May 20, 2010 David Blacketer President of the Senior Citizens Board of Directors, expressed his appreciation for the Borough's continued support and gave an overview of the current activities at the Senior Citizens Center. Mel Stephens commented on Contract No. FY2010 -35. Kodiak Island Borough Assembly Minutes May 20, 2010 Page 1 COMMITTEE REPORTS Don Rush Providence Kodiak Island Medical Center Director expressed appreciation to the Borough for its support and gave the following update: • Efforts and needs for a new long term care facility in Kodiak. • Staffing needs. • Upgrades to the hospital facility. • Hospital's activities and financial status. Assembly member Kaplan reported on the Trails Plan meeting held May 18, 2010. Mike Sirofchuck, Parks and Recreation Committee Chair, gave an overview of the Trails Plan process. Assembly member Jeffrey reported on the Kodiak Fisheries Advisory Committee meeting that was held May 7, 2010. PUBLIC HEARING A. Resolution No. FY2011 -01 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, 2010 and Ending June 30, 2011. BRANSON moved to adopt Resolution No. FY2011 -01. KIBC 3.15.030B provides that the school district submit to the manager the proposed budget and local support requirements for the school by April 30. The School Board submitted their budget on April 30, 2010. Alaska Statutes 14.14.060c provides that if the Assembly did not, within 30 days, furnish the School Board with a statement (resolution) of the sum to be made available, the amount requested in the School Board budget would automatically be approved. Per Borough Code, the Assembly would determine the total amount of money to be made available from local sources for school purposes and would furnish the School Board with a statement (resolution) of the sum to be made available. KIBC 3.15.050 provides that by June 10 the Assembly shall appropriate the amount to be made available from local sources for that purpose in the Borough budget. Superintendent McDonald reported on the fund balance history (general fund) for the school district. Mayor Selby opened the public hearing. The meeting was video conferenced with members of the different villages (Old Harbor, Akhiok, Ouzinkie, Larsen Bay, and Karluk) who spoke in support of the Kodiak Island Borough School District's budget and Borough funding. Port Lions was offline. Bill Watkins, Kristy Wahl, Catherine Allen - DeVries, Eric Waltenbaugh, Kristy Lyle, Teresa Baker, Susan Paine, and Bob Brodie spoke in support of full funding for the Kodiak Island Borough School District's budget. Mel Stephens spoke in support of flat funding for the Kodiak Island Borough School District budget. Luke Fulp announced that the Kodiak Island Borough School District financial information was available on their web site. Mayor Selby closed the public hearing. Kodiak Island Borough Assembly Minutes May 20, 2010 Page 2 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Jeffrey, Kaplan, Lynch, and Stutes. B. Ordinance No. FY2010 -01 B Amending Ordinance No. FY2010 -01 to Appropriate Funds for the Purpose of Providing Information on "An Initiative Creating an Alaska Anti - Corruption Act (Gag Law)" Which Will Be on the 2010 Alaska Primary Election Ballot. KAPLAN moved to adopt Resolution No. FY2010 -01 B. On August 24, 2010, an initiative would be on the Alaska primary ballot which would ask the voters to decide if public funds could be used for election campaigns. The Kodiak Island Borough believed that this law went deeper than was stated and the Assembly would like to release accurate information regarding this initiative to effectively communicate that municipalities would be affected in the following ways: municipalities would not be able to hire lobbyists for capital projects or for help with legislation; elected officials would not be able to travel to Juneau to talk with the legislature unless they paid for their travel and lodging with their own money; and municipalities would not be able to have any person lobby unless they are specifically invited by a legislator. In order to fund this advertising effort, AS 15.13.145(4b) required funds to be specifically appropriated for that purpose by a municipal ordinance. Ordinance No. FY2010 -01B amended Ordinance No. FY2010 -01 and appropriated $1,000 for the purpose of providing information on the initiative. Mayor Selby opened the public hearing. Mel Stephens spoke against Ordinance No. FY2010 -01 B. Mayor Selby closed the public hearing. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes, and Branson. BOROUGH MANAGER'S REPORT Manager Gifford reported on the following: • Board of Equalization appeal hearings. • Spring Clean -up weekend. • Current Legislative report. • Governor Parnell's Kodiak schedule. • Meeting with Exxon EVOS group about Alaska Department of Fish & Game (ADF &G) building. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby and Manager Gifford met with Exxon EVOS group on Friday requesting funds for the ADF &G building. Final funding is dependent on the bond issue which will be on the general election ballot in November. Mayor Selby also addressed his meeting with Pat Gamble and the homeport of the research vessel in Kodiak. A copy of Lash's proposal had been requested and forwarded along with an updated letter of support from the Borough. The Mayor also attended an AML Board Meeting and the Gag Law was discussed at length. The goal of the coalition was to get the information Kodiak Island Borough Assembly Minutes May 20, 2010 Page 3 out to the public. Mayor Selby thanked the KIBSD for taking care of maintenance problems with the school facilities; and thanked the Borough and the School District for their successful working relationship. UNFINISHED BUSINESS — None. NEW BUSINESS Contracts 1. Contract No. FY2010 -35 KIB /Providence Letter of Intent for Collaboration on Development and Operation of a New Long Term Care Facility in Kodiak. BRANSON moved to authorize the Borough Manager to execute Contract No. FY2010 -35 KIB /Providence Letter of Intent for Collaboration on Development and Operation of a New Long Term Care Facility in Kodiak. The replacement of the Long Term Care Facility (The Care Center) in Kodiak was a priority project identified in the Kodiak Island Borough Strategic Plan and in the Borough's Capital Improvement Program. Replacement of The Care Center would require cooperative and collaborative effort between the Kodiak Island Borough, which would be the owner of the facility, and Providence Health and Services — Washington, which would lease and operate the facility. A Letter of Intent was created to set forth the responsibilities and terms under which each entity would work to provide a collaborative effort for the accomplishment of this project. The Letter of Intent was brought before the Assembly for review and approval for the Borough Manager to execute the document and move forward with the project. Assembly member Stutes spoke against the contract in that she was concerned about the Borough's responsibility for the project. ROLL CALL VOTE ON MOTION CARRIED FOUR TO ONE: Kaplan, Lynch, Branson, and Jeffrey (Ayes); Stutes (No). Resolutions 1. Resolution No. FY2010 -34 Adopting the 2009 Determination of The Population of The Borough as Revised by the Department of Commerce, Community and Economic Development. This item was approved under consent agenda. The Department of Commerce, Community, and Economic Development originally determined the 2009 population of the Kodiak Island Borough to be 13,860; and the City of Akhiok appealed its 2009 population determination, and the Department increased it from 51 to 80 based upon a head count census. The Kodiak Island Borough must request its original population determination of 13,860 be adjusted to 13,889 to include the Akhiok increase; and 3AAC 130.043(d) requires that the governing body of a municipality pass a resolution adopting the results of a census or population estimate. To comply, staff recommended the Kodiak Island Borough Assembly adopt the approved results of the census conducted by the City of Akhiok and requested the Department to revise the Borough's 2009 population accordingly. Ordinances for Introduction 1. Ordinance No. FY2010 -01C Amending Ordinance No. 2010 -01 Fiscal Year 2010 Budget By Amending Budgets To Account For Various Revenues That Are Over Budget, Provide For Additional Expenditures, Budget New Projects, Accept Grants, And Move Funds Between Projects. Kodiak Island Borough Assembly Minutes May 20, 2010 Page 4 JEFFREY moved to adopt Ordinance No. FY2010 -01C in first reading to advance to public hearing at the next regular meeting of the Assembly. This ordinance: • Reduced the budget for real and personal property taxes by $31,000 in the General Fund budget. • Increased the General Fund Licenses and Permits budget by $20,000. • Reduced the General Fund Federal Shared Revenue budget by $97,837. • Reduced the General Fund Off -Shore Raw Fish Tax revenue budget by $32,030. • Increased the General Fund Cruise Ship revenue budget by $25,500. • Increased the General Fund interest earnings revenue budget by $50,000. • Increased the anticipated use of the General Fund Balance to $456,397. • Increased the General Fund Engineering /Facilities Department budget by $60,000. • Increased the General Fund Animal Control Department budget by $1,625. • Increased the General Fund transfers out by $329,405. ($29,405 to debt service, $250,000 for a code update, and $50,000 for a road system trails plan.) • Moved $95,000 from the General Fund to Fund 450 — Capital Projects to cover the expenses of a failed oil tank at the Chiniak School. • Increased the Land Sale Fund budget $73,298 to cover costs associated with the 2009 flood. • The Building and Grounds fund should receive another $11,070 from the school district for building rent. • The Building and Grounds fund needed to transfer $95,000 to Capital Projects fund 450 to remediate Chiniak School oil spill. • Increased the Womens Bay Road Service District budget $173,405 to cover costs associated with the 2009 flood. • Increased the Monashka Bay Road Service District budget $43,816 to cover costs associated with the 2009 flood. • Reduced the transfer from the Facilities Fund to the Debt Service Fund by $29,405. • Moved available balances in some projects in Funds 410 (Borough Capital Projects), 420 (GO Bond Projects), 430 (State Capital Grants), and 450 (Capital Projects) to other projects in Funds 410,420, 430 and 450. • Accepted a $475,000 HUD grant and authorizes the Manager to execute. • Accepted $8,872 Rural Firefighters Association grant and authorized the Manager to execute. • Accepted a $4,144 Volunteer Firefighters Association grant and authorized the Manager to execute. • Accepted a $90,000 Community Development block grant for Care Center design (project 09010) and authorized the Manager to execute. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, Jeffrey, and Kaplan. 2. Ordinance No. FY2011 -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 2010 and Ending on the Thirtieth Day of June 2011 (Fiscal Year 2011 Budget.) KAPLAN moved to adopt Ordinance No. FY2011 -01 in first reading to advance to public hearing at the next regular meeting of the Assembly. Kodiak Island Borough Assembly Minutes May 20, 2010 Page 5 This ordinance included funds to be spent in the General Fund, Special Revenue Funds, Debt Service Funds, Capital Projects Funds, and Enterprise Funds. The ordinance also levies a tax on the real and personal property within the Borough as well as upon natural resources extracted and removed from the Borough. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Stutes, Branson, Jeffrey, Kaplan, and Lynch. Other Items 1. Confirmation of the Mayoral Appointment to the Planning and Zoning Commission. BRANSON moved to confirm the Mayoral appointment of Mr. Jay Baldwin to the Planning and Zoning Commission, Borough seat, for a term to expire December 2011. There were two vacancies on the Planning and Zoning Commission, one City seat and one Borough seat. Applications were received from Jay Baldwin and Gary Turk Martin for the Borough seat for a term to expire December 31, 2011. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Jeffrey, Kaplan, Lynch, and Stutes. CITIZENS' COMMENTS — None. ASSEMBLY MEMBER COMMENTS Assembly member Stutes commended Parks and Recreation Committee for its public outreach efforts on the Trails Plan. She also recognized Karl Short for his budget presentation. Assembly member Branson outlined her approach of dealing with challenges on the Borough Assembly. Assembly member Jeffrey thanked the Coast Guard Auxiliary for its community services. Assembly member Kaplan recognized Karl Short for the budget presentation and Parks and Recreation Committee for the Trails Plan process. Assembly member Lynch thanked Drew Herman for his participation in the Coast Guard Auxiliary and its efforts in safety. Announcements The Mayor announced that the next Assembly work session would be held on Thursday, May 27, 2010, at 6:30 p.m. in the Borough Conference Room. The next regular meeting was scheduled on Thursday, June 3, 2010, at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT JEFFREY moved to adjourn the meeting. Kodiak Island Borough Assembly Minutes May 20, 2010 Page 6 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes, and Branson. The meeting adjourned at 10:45 p.m. Nova M. Javier, MMC, Borough Clerk Approved: ATTEST: Jerome M. Selby, Mayor Kodiak Island Borough Assembly Minutes Page 7 May 20, 2010 KODIAK ISLAND BOROUGH A special meeting of the Kodiak Island Borough Assembly was held on Tuesday, June1, 2010 in the Borough Conference Room of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 9:18 p.m. Present were Mayor Jerome Selby, Assembly members Pat Branson, Jerrol Friend, Judy Fulp, Sue Jeffrey, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford and Clerk Nova Javier. CITIZENS' COMMENTS None. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. EXECUTIVE SESSION 1. Review of the General Legal Services Interview. BRANSON moved to convene into executive session to review the General Legal Services interviews which qualifies for executive session as a matter which would tend to defame or prejudice the character or reputation of any person or firm. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. Mayor Selby convened the executive session at 9:20 p.m. and invited the Borough Assembly, Borough Manager, and Borough Clerk to join in executive session. At 9:26 p.m., Mayor Selby reconvened the special meeting. BRANSON moved to direct staff to start the negotiation process with Wohlforth, Johnson, Brecht, Cartledge, & Brooking. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Branson. ADJOURNMENT BRANSON moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, Branson, and Friend. The meeting adjourned at 9:27 p.m. KODIAK ISLAND BOROUGH Assembly Special Meeting June 1, 2010 Nova M. Javier, MMC, Borough Clerk Approved: KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Kodiak Island Borough Assembly Minutes June 1, 2010 Page 1 TITLE: Contract No. FY2007 -22A Amendment to Contract No. FY2007 -22 Kodiak Landfill Lateral Expansion Design and Construction Services. SUMMARY: The Kodiak Island Borough Landfill is fast approaching capacity and a lateral, lined expansion cell must be designed and constructed. This change order will incorporate the previous work contracted with CH2M Hill for the leachate treatment expansion so that all leachate, for the existing and the lined lateral expansion, will be managed the same. Initially, the leachate data will be reviewed and a determination made as to whether or not the City will accept the leachate at their wastewater treatment facility. The leachate design schedule will parallel the lateral expansion design schedule. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: 490 - 703 - 452 -140 $2,612,000 $ 381,647 APPROVAL FOR AGENDAZ c KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 1, 2010 REGULAR MEETING ITEM NO: 13.A.1 RECOMMENDED MOTION: Move to authorize the manager to execute Contract No. FY2007 -22A Amendment to Contract No. FY2007 -22 with CH2M Hill, Inc. of Anchorage, Alaska in the amount not to exceed $381,647. Description of Change Cost This change order is for design and construction support services for Kodiak's lateral expansion and first lined landfill cell. Design of leachate collection, storage, and transmission from both existing and new lined lateral expansion cells $381,647.00 to the City of Kodiak WWTF is Included. Components of the design services include: composite liner and alternative liner petition; final cover; storm water system; leachate collection and recovery; leachate seepage collection, surge pond and pump station at existing landfill; leachate storage lagoon and pump station for lateral expansion; leachate pipeline; and landfill gas management system; compilation of construction documents; and construction cost estimating. Construction support services include: bidding phase support; document interpretation and submittal review; construction quality assurance plan; construction quality assurance inspections; construction quality assurance final report; and record drawings. KODIAK ISLAND BOROUGH 710 MILL BAY ROAD KODIAK, ALASKA 99615 l Contract No. 2007 -22 CONTRACT CHANGE ORDER Change Order No. 3 Project Name, Number & Location Kodiak Landfill Lateral Expansion Design and Construction Services Kodiak Island Borough Landfill Contractor CH2M Hill, Inc. 301 West Northern Lights, Suite 601 Anchorage, AK 99503 -2648 Amount of Contract & Change Order Original Contract $ 392,599.00 Previous Changes $ 13,451.00 This Change $ 381,647.00 Adjusted Contract $ 787,697.00 The time provided for completion of the contract is (❑ unchanged) (Z increased) (❑ decreased) by 700 calendar days. This document shall become an amendment to the contract and all provisions of the contract will apply thereto. Accepted By: Recommended: Approved By: Revised by MIS 06/14/06 Contractor's Representative Engineering/Facilities Director Manager (Less Than $10,000— Total for all change orders on this contract) Attest: Finance Director Borough Clerk Date Date Date If the change order or orders exceeds ten thousand (10,000) dollars, it will require the signatures of: A. The mayor and deputy presiding officer; B. The mayor and one (1) assembly member in the absence of the deputy presiding officer; C. The deputy presiding officer and one (1) assembly member in the absence of the mayor; or D. Any two (2) assembly members in the absence of the mayor and deputy presiding officer. Approved By: Date Revised by MIS 06/14/06 Mayor Deputy Presiding Officer CH2MHILL May 27, 2010 360732 Ms. Tracy Mitchell Environmental Scientist Kodiak island Borough 710 Mill Bay Road Kodiak, AK 99615 CH2M HILL 301 West Northern Lights Boulevard Suite 601 Anchorage, AK 99503 -2648 Tel 907.278.2551 Fax 907.257.2000 Subject: Kodiak Landfill Lateral Expansion and Leachate Facilities Dear Ms. Mitchell: Per our discussion on May 20, please find the enclosed revision to our February 4, 2010 proposal for the subject project. The components of our proposal are: • Scope of Work • Price Summary and Backup • Design and Construction Schedule • Responsibility Matrix for Construction Phase Revisions to the February 4, 2010 proposal included in this proposal are as follows: 1. Added approximately 10 days for supervision of geotechnical investigation for leachate pipeline from landfill to existing sewer connection. 2. Updated schedule for construction completion in fall 2012, which shifted some hours to 2012 with escalated rates. Per your request, and because of the relatively high costs of the construction management task, we have provided two options for construction management for KIB review. The enclosed Responsibility Matrix is included to indicate our assumptions on who will do what during construction. The full -time construction management option is based on this division of work. Ms. Tracy Mitchell Page 2 May 27, 2010 Price Summary Design and Construction Documents (Tasks 1-5) Construction Management (Task 6) Total Original Contract $392,599 CO #1 $9,994 CO #2 $3,457 Option A — Full Time CH2M HILL Option B — KIB Provides a Construction Manager Construction Manager $653,908 $653,908 $479,397 $120,965 $1,133,305 $774,873 Note: 1. Both construction management options include CH2M HILL support during bidding, document interpretation and submittal review, and milestone CQA inspections. The following is our understanding of the contract financial summary for this project: Contract Summary Amount Billed and Paid Remaining Subtotal $406,050 $12,824 $393,226 CO #3 (CM Option A) $740,079 CO #3 (CM Option B) $381,647 Note: 1. CO #3 is the total of either Option A or Option B from the price summary table minus remaining funds. Depending on which option the Borough selects, the new total contract amount would be: • For CM Option A - $1,146,129 ($406,050 plus CO #3 for total with CM Option A of $740,079) • For CM Option B - $787,697 ($406,050 plus CO #3 for total with CM Option B of $381,647) We look forward to working with KIB on this exciting project. If you have any questions, please call me at (907) 646 -0348. Ms. Tracy Mitchell Page 3 May 27, 2010 Sincerely, CH2M HILL Cory Hi d's Projec anager alYwill tQlobal Project Delivery Director 3011 S.W. Williston Road Gainesville, FL 32608 -3928 (714) 429-2020 x36166 Enclosures: SOW, Schedule, Price Backup, CM Responsibility Matrix Scope of Work for Kodiak Landfill Lateral Expansion and Leachate Facilities ©ft O21MIHDLL Project Description This scope of work was prepared in response to the Kodiak Island Borough's (BOROUGH) request for proposal for professional design services for landfill expansion and subsequent discussions with the BOROUGH. This scope of work documents the approach, assumptions, and proposed deliverables for each task. The Kodiak Landfill, located off Monashka Bay Road, on Kodiak Island in Alaska is nearing capacity and the BOROUGH has requested that CH2M HILL assist with design of a new lined lateral expansion of the existing landfill. The scope of work for this project addresses the conceptual design of the overall lateral expansion and the detailed design and construction of the initial five -year cell. It includes pre- design analyses, schematic design, final design, preparation of construction documents, as well as services during bidding, construction, and post - construction. This scope of work also includes tasks related to design for the collection, storage, and transmission of leachate from the existing unlined landfill and the new lined lateral expansion to the City of Kodiak Wastewater Treatment Facility. Existing landfill facilities include a refuse baler facility, which converts loose municipal refuse to bales for placement in lifts in active landfill areas. The baler building is equipped with baler washdown facilities, sanitary sewer, and water supply. Materials that are disposed of at the Kodiak Landfill include baled refuse, wastewater sludge, and construction and demolition debris. The existing landfill is constructed over marine shale, which must be blasted for excavation. Per state and federal regulations, the new lateral expansion must be lined. Leachate will be collected on the liner and flows will be equalized in a leachate storage lagoon. Transport of leachate to the City wastewater treatment plant via pipeline will be evaluated in the pre - design phase of this project. Landfill gas control, and sludge disposal will also be evaluated in the pre - design phase. This scope of work is broken down into specific tasks. Within each task are activities that will be performed in order to accomplish the work. This project will be completed under the following tasks. Task 1 Project Management Objective: Manage work performed under this phase to meet overall project schedule and budgetary requirements and to maintain effective communication between members of CH2M HILL'S project team and between CH2M HILL and the BOROUGH. ANC7rP5231/062780002 1 01)021REHILL Assumptions: • Project management will be ongoing throughout the project duration (estimated 23 months total, with 11 months of full effort during pre - design, schematic, design development and contract document phases [June 2010 through April 2011], 1 month for ADEC permitting, and 11 months during the bidding and construction phase activities [June 2011 through Septemberber 2012 with a 5 month winter break from November 2011 through March 2012]). Activity 1A. Project Administration Provide general management and administration of the project, including coordinating and assigning task activities for CH2M HILL's staff. Prepare and periodically revise work plans and staff assignments. Prepare for and attend project kickoff meeting and design review meetings once per month. Prepare meeting notes and distribute to design team. Activity 1 B. Preparation of Status Reports Track project budgets, spending, and percent complete for each work task. Prepare and submit written status reports that identify work completed during the previous accounting month, the current budgetary status, the estimated percent complete of contracted tasks. It is assumed that a single status report will be submitted monthly to the BOROUGH for all tasks performed under this contract. Prepare and submit monthly project invoices. Activity 1C. Project Team Communications Maintain frequent, ongoing communications with CH2M HILL'S project staff and with the BOROUGH and keep the project team informed of significant project issues as they occur. Conduct weekly staff meeting (via teleconference) with task leaders to help facilitate effective team communication and coordination of the work. Activity 1D. Agency Meetings and Communication Prepare for and attend up to two meetings with regulatory agencies in Anchorage to provide technical information and address requirements. Prepare meeting notes and /or telephone logs of communications with other agencies and /or individuals concerning work associated with this contract and submit copies to BOROUGH. Deliverables: 1. Submit project status reports to BOROUGH monthly as part of the overall status report for the contract (1 copy, electronic). 2. Submit monthly invoices for work performed under this phase (1 copy). 3. Submit records of communications with other agencies or individuals related to this project (1 copy, electronic). Task 2 Pre - Design Phase Objective: The objective of this task is to develop a conceptual design for the lateral expansion and leachate collection, storage, and transmission facilities, and to analyze several operational aspects in order to assist the 2 ANC/TP5231/062780002 ©O=O2 nM-EILL BOROUGH in defining the project for final design. Specifically, the objective is to analyze, evaluate, and recommend: (1) location and configuration for the lateral expansion; (2) leachate conveyance system (pipeline) to the City of Kodiak WWTF; (3) landfill gas control method (passive vs. active); and (4) sludge disposal methods for incorporation into the design. Assnrnptions: • This task will have an estimated duration of 3 months for all activities except leachate evaluation, which will have an estimated duration of 7 months. • No major changes in topography since 2000 in the area proposed for lateral expansion. Topographic survey data from 2000 will be sufficient for pre- design purposes. Each pre - design activity below pertains to the lateral expansion area adjacent to the northeast and east sides of the landfill. No work is planned at alternate sites 1 or 2 identified in the SWMP (Bell, 2008). • CH2M HILL assumes that the composite geosynthetic clay liner (GCL)/ geomembrane liner combination (now considered the standard for satisfying minimum RCRA Subtitle D requirements) will be used. Activity 2A. Conceptual Layout of Lateral Expansion CH2M HILL will develop a conceptual layout for a lateral expansion on the adjacent area northeast of the landfill as identified in CH2M HILL's 1997 conceptual drawings, and expand this to include the area east of the landfill between Monashka Bay Road and the existing perimeter landfill road. The conceptual layout shall integrate leachate, baler squeezings, sanitary wastewater, stormwater, and landfill gas management facilities for the proposed lateral expansion area with those of the existing landfill. Assumptions for Activity 2A: • This activity does not include conceptual layouts for Sites 1 and 2 as identified in the SWMP (Bell, 2008). • Existing waste generation projections in the 2008 SWMP will be used to generate landfill life estimates. • The evaluation of available lateral expansion development area will incorporate appropriate set -back requirement from property boundaries. • The lateral expansion will be contiguous with the existing landfill and will require relocation of the existing perimeter road to the outside edge of the lateral expansion. The conceptual layout of the lateral expansion will include use of the proposed final grading plans for the existing landfill and development of new conceptual bottom and final grading plans for the expansion area to the northeast and the additional area between Monashka Bay Road and the perimeter landfill road. Existing final closure condition drawings developed for the 2007 remaining landfill life estimate will be updated. Available air space and corresponding estimated landfill life will be estimated ANC/TP5231/062780002 3 ©C I2IP (HILL by comparing bottom liner and final closure surfaces. Spreadsheet tools will be used to calculate landfill life. Preparation of the conceptual layout for the lateral expansion will include the following: • Review available soils, hydrogeologic, and surface water data for the proposed lateral expansion area. Review applicable regulatory and permitting requirements. Establish design criteria for layout and grading of the proposed lateral expansion area including the following features and /or facilities: bottom liner grades, final cover grades, access roads, staging area, bottom liner system, final cover system, leachate collection and discharge, surface water drainage, and landfill gas control. An electronic copy of the design criteria will be submitted to the BOROUGH for review. • Using waste generation projections for the "No Diversion" scenario in the 2008 SWMP and current estimates of sludge and cover soil volumes, compute the air space requirements for MSW and sludge for a 30 year period. Summarize the results in a spreadsheet. An electronic copy of the air space requirements will be submitted to the BOROUGH for review. • Develop conceptual bottom grading plan for Lateral Expansion Area including landfill bottom liner configuration, access road locations, and leachate collection storage facilities. The grading plan will show contours for the top of the bottom liner system and liner sideslopes, the location and grade for roads, soil stockpiles, surface water facilities, and leachate collection concept for the lateral expansion area. An electronic copy of the conceptual bottom grading plan will be submitted to the BOROUGH for review. • Develop a conceptual final grading plan for the lateral expansion area, including access roads, drainage facilities, and integration with existing landfill grades. The lateral expansion side slopes will be limited to 3:1 slopes to avoid slope stability concerns raised by the ADEC. It is assumed that the Phase 1 Closure final cover system will be used for the lateral expansion; the design will be reviewed to evaluate whether the same system can be applied to the proposed lateral expansion. The conceptual final grading plan will show contours to the top of the final cover surface including access roads over final cover areas and at the Landfill perimeter and stormwater detention facilities. An electronic copy of the conceptual final grading plan will be submitted to the BOROUGH for review. • Develop 3 -D surface models of the proposed lateral expansion bottom grades and final cover grades. Compare the bottom grades to the grades of the existing topography to estimate excavation and embankment quantities. Compare the final surface grades to the bottom liner grades and compute the volume between the two surfaces to determine the air space capacity of the new landfill cell for the conceptual layout. Compare the air space provided by the lateral expansion to the waste volume and cover soil projections to estimate the life of the lateral expansion. The conceptual layout and landfill life estimates will be documented in a pre - design Lateral Expansion Location and Landfill Life Assessment Technical Memorandum. The 4 ANC/TP5231/062780002 ©D=O2MHILL draft memorandum will be prepared and submitted for BOROUGH review. The memorandum will be finalized incorporating comments from the BOROUGH. Activity 2B. Evaluation of Leachate Management Assumptions for Activity 2B: • The City of Kodiak will allow disposal of leachate at the City Wastewater Treatment Facility (WWTF). Preliminary modeling indicates that leachate from the existing landfill will not impact the WWTF. Additional modeling will be conducted using estimated leachate concentrations for the future lateral expansion to evaluate impact on the City WWTF. Future leachate estimated concentrations will be based on historical leachate data from Unalaska. We assume that some pre - treatment of leachate may be required. For purposes of this proposal, we assume that pre- treatment will involve surface aeration to reduce BOD concentrations, and this will be conducted at the landfill. We assume that modeling results, including pre- treatment, will indicate that future leachate from the lined lateral expansion can be treated at the City WWTF. • For estimation of leachate generation from the new lined lateral expansion, we assume that the BOROUGH will employ surface water control methods including use of rain cap plastic sheeting to segregate clean storm water from the leachate collection and recovery system, and active pumping of dean storm water during high rainfall events. These methods will be incorporated into the CH2M HILL design and operations plans. • Per recommendation in the Kodiak Solid Waste Management Plan update (Bell, 2008), the BOROUGH has decided to continue bale fill. We will therefore not consider leachate recirculation. Reasons for this include limited chance for beneficial contact between the leachate and the baled waste, high probability for preferential flow between and around the baled waste, and possibility for leachate seeps on side slopes. • The BOROUGH will provide an operator with a backhoe for a day to assist with construction of a flow measurement weir at the toe of the landfill. CH2M HILL will set up a means of estimating the flows from the existing landfill. This will consist of the leachate that is collected in the toe drains and the seepage that daylights at the toe of the landfill. Up to ten flow estimates will be made during various precipitation events in an effort to correlate the estimated leachate flow rates and Kodiak rainfall data. This data will be used to develop leachate quantity and flow design criteria to be used in the leachate management design. Leachate flow rates will be estimated based on conceptual cell sizes developed in Activity A, Kodiak precipitation data, and assumed operational procedures. Results of this analysis will be included in the Leachate Management technical memorandum. The draft memorandum will be prepared and submitted for BOROUGH review. The memorandum will be finalized incorporating comments from the BOROUGH. ANCJTP5231/062780002 5 ©H2RE -TILL Activity 2C. Evaluation of Landfill Gas CH2M HILL will evaluate whether a passive or active landfill gas management system is recommended for the proposed lateral expansion. The following factors will be considered: • Regulatory requirements will be reviewed to determine whether the expansion would cause the BOROUGH to exceed the thresholds requiring active landfill gas control. This will require running a USEPA - approved model of gas production. • Analysis of EPA's new Reporting Rule requirements. • Applicability of available Federal and /or State grant and incentive programs for both methane capture and destruction and renewable energy projects • Potential for subsurface gas migration, based on existing data regarding surrounding site conditions. • Performance of passive vents in existing landfill area. • Constructability of passive vents in configuration of expansion area. CH2M HILL will advise the BOROUGH on recordkeeping requirements to comply with federal requirements in 40 CFR 60. Federal and state deadlines for reporting and /or monitoring will be documented by CH2M HILL and communicated to the BOROUGH. The BOROUGH will be responsible for all ongoing state and federal reporting submittals related to landfill gas generation or management. Results of this analysis and recommendations on gas collection criteria will be included in the Landfill Gas Control Technical Memorandum. The draft memorandum will be prepared and submitted for BOROUGH review. The memorandum will be finalized incorporating comments from the BOROUGH. Activity 2D. Sewage Sludge Disposal Evaluation CH2M HILL will evaluate the potential impacts of sewage sludge disposal in the landfill on lateral expansion operations. This will include evaluation of potential impacts of co- disposal of sewage sludge on the leachate collection and recovery system and other aspects of disposal operations. CH2M HILL will make inquiries to other identify facilities where sewage sludge is added to lined landfills and document identified problems experienced by others and methods adopted to address the problems with sludge disposal. Current handling methods will be reviewed and future loading estimates will be obtained from the City of Kodiak for this analysis. Recommendations as to whether the BOROUGH should continue to accept sludge for disposal at the lateral expansion, and means to mitigate impacts from the sludge will be presented in the Sewage Sludge Disposal Technical Memorandum. The draft memorandum will be prepared and submitted for BOROUGH review. The memorandum will be finalized incorporating comments from the BOROUGH. Activity 2E. Evaluation of Stormwater Management CH2M HILL will evaluate the stormwater management for the proposed landfill lateral expansion. This will include evaluation of the topography and runoff patterns in the 6 ANC/TP5231/062780002 ©F ZMIHILL vicinity of the proposed lateral expansion and how to integrate stormwater from the lateral expansion with other stormwater at the landfill. Recommendations will be presented in the Stormwater Management Technical Memorandum. The draft memorandum will be prepared and submitted for BOROUGH review. The memorandum will be finalized incorporating comments from the BOROUGH. Task 3 Schematic Phase: Preliminary Design of First Cell of Lateral Expansion Area Objective: Develop preliminary layout and grading for the first 5 -year cell of the lateral expansion area. The preliminary layout shall consider how the proposed leachate, landfill gas and storm water management facilities for the first cell will be integrated with the existing landfill. Assumptions: • This task will have an estimated duration of 5 months and will begin once the conceptual layout of the lateral expansion area in Task 2 is complete. • The first cell will be designed for an estimated 5 years of life. • Half -size drawings will be prepared for this task. • An outline of required specifications for cell construction will be provided. Activity 3A. Surveying and Update Site Base Map Develop or update horizontal and vertical survey control in the lateral expansion area Develop a survey control diagram depicting the horizontal and vertical control established or recovered during the survey in AutoCAD format containing project control coordinates and point descriptions. The survey control diagram will provide sufficient information to base subsequent design, construction, and quality assurance surveys within the project area. Perform field surveys to obtain planimetric and topographic features within the project limits. Sufficient field data will be obtained to supplement existing aerial topography to obtain existing ground surface with 1 foot contour accuracy. Obtain as -built locations of existing utility locations and structures within the project area. Develop a base map of existing conditions within the project area, including contour mapping, topographic features, and as- constructed features. Activity 3B. CeII 1 Bottom Grading Preliminary Design and Layout Develop preliminary bottom grading plan for Cell 1 of the lateral expansion area including bottom and sideslope liner configurations, soil stockpile, access road locations, surface water drainage and conveyance facilities, leachate collection and discharge facilities, and landfill gas collection facilities. The grading plan will be developed using Inroads, a 3 -D surface modeling program, and 2 -foot contours. The grading plan will show contours for the top of the bottom liner system and liner sideslopes, the Location and grade for roads, excavated soil stockpile, and surface water drainages. ANC/UP5231/062780002 7 ©C I2Fi@ IFI Activity 3C. Composite Liner Preliminary Design Assumptions for Activity 3C: • ADEC will approve the use of MULTIMED modeling for the alternative liner petition • Existing hydrological data can be used for the HELP and MULTIMED modeling. Develop bottom and sideslope liner configurations using GCL overlain by HDPE geomembrane. Evaluate primary global stability under static and dynamic conditions for the bottom and sideslope liner systems in Cell 1 with the loading conditions that will be imposed during Cell 1 construction and operation to confirm stability of the proposed design. Develop requirements for liner anchorages and perimeter terminations. Prepare an alternative liner petition to comply with the Federal requirements of 40CFR258.40. The petition will present information describing how the proposed geomembrane /geosynthetic clay liner (GCL) system is equivalent to the bottom liner system requirements in 18AAC60.330(c ). The petition will also present a basis for concluding that contaminants in the leachate will not cause an exceedance of maximum contaminant levels in the uppermost aquifer per 18AAC60.300(b)1 and 40CFR258.40(e). The scope for this work will include HELP modeling, leakage rate calculations, "screening level" contaminant transport modeling (transit time analysis or MULTIMED - to be discussed with ADEC), documentation of expected leachate quality, completing the appropriate forms, and attachment of specifications and QA /QC procedures. For the contaminant transport modeling, it is assumed that existing site specific hydrogeologic data can be used and that ADEC will approve use of transit time analysis or MULTIMED. Activity 3D. Final Cover System Preliminary Design The same final cover system used for the Phase 1 Closure (i.e., buried geomembrane) will be used for the lateral expansion final cover system. Review final cover system design and stability analyses including seepage height in the final cover system, reinforcement criteria and areas requiring slope stability reinforcement, and anchorage requirements for the final cover system components. Activity 3E. Stormwater Management for Cell 1 Preliminary Design Develop layouts for the collection, conveyance, detention, and discharge of stormwater for Cell 1. Estimate peak stormwater flows for the proposed conveyance facilities for development of Cell 1 for the design storm event. Also estimate peak stormwater flows for the facilities to be included with Cell 1 for final closure conditions to verify that the facilities will have capacity for the final cover conditions as well as for Cell 1 design. Prepare layouts for stormwater facilities for Cell 1. Activity 3F. Leachate Collection and Recovery System Preliminary Design The scope of work for this activity will include schematic sizing and layout of leachate collection piping, leachate removal system, leachate storage lagoon, and transmission piping from the landfill to the WWTF. 8 ANC/TP5231/062780002 ©C;12UHILL Use HELP modeling runs completed under Activity 3C, and design data for Cell 1 to determine the leachate collection pipe spacing that demonstrates compliance with the regulatory requirements for maximum head over the liner. Use the HELP model to estimate height of seepage above the sideslope and bottom liners and to provide input for the liner stability analyses. Develop leachate flow estimates for the critical stages during development and operation of Ce111 and develop average and peak flows for these conditions. Use the estimated peak flows to size leachate collection and conveyance facilities. CH2M HILL will organize and attend one meeting in person with the City of Kodiak and the BOROUGH to discuss requirements for development of procedures for processing of leachate at the City WWTP. Activity 3G. Existing Landfill Seepage Surge Pond Preliminary Design CH2M HILL will design a seepage surge pond to collect the seepage from the existing landfill and a pumping system to transfer the seepage to the leachate storage lagoon. The surge pond will be partially lined and will allow the seepage to flow into the surge pond but will limit the seepage that can escape. The surge pond will be located in the existing drainage at the toe of the landfill. Existing design work for on -site leachate treatment scenarios will be used. Activity 3H. Leachate Storage Lagoon Preliminary Design CH2M HILL will design a leachate storage lagoon that will collect and store the leachate from the existing landfill toe drains, the seepage surge pond, and the lateral expansion. The lagoon will be sized based on the estimated leachate measurements conducted in Task 2 and the correlation with thc Kodiak precipitation data and will be designed to store leachate for a 5 days event based on the design storm event. The lagoon will be lined and will have a pumping structure that will be capable of pumping the leachate into the City of Kodiak sewer collection system. The location of the lagoon has not yet been identified. The flowrate for the pumped leachate will be coordinated with thc City of Kodiak WWTF. Activity 31. Leachate Pipeline Preliminary Design Assumptions for Activity 31: • Survey and geotechnical infonnation is available for the proposed pipeline routing along the existing roads and no new surveying or geotechnical investigations will be required. • Deliverables will consist of 10 plan and profile drawings and 2 detail drawings. • Discharge from the pipeline will be into an existing sewer collection structure and no new structures will be required. CH2M HILL will design an FIDPE pipeline that will convey the leachate from the leachate storage lagoon pump station to a connection point in the City of Kodiak sewer ANC/1P5231/062780002 9 CO-021REHILL collection system which has yet to be determined. It is assumed that the pipeline would be approximately two miles in length and will follow the existing road alignment. Activity 3J. Landfill Gas Collection Preliminary Design Assumptions for Activity 31: • For purposes of this proposal, we assume that it will be in the BOROUGH'S best interest to install components of an active landfill gas collection system during construction of Cell 1. Review the concept for landfill gas collection at the existing landfill and develop layouts for landfill gas collection and control for Cell 1. Estimate gas production from Cell 1 and the remaining lateral expansion area and use the data to size landfill gas perimeter manifold piping for Cell 1. Design landfill gas lateral connection and valve stations to be included with the perimeter manifold for Cell 1. Activity 3K. Prepare Preliminary Drawings and Identify Preliminary Specifications Once the above evaluations are completed, prepare schematic design drawings (approximately 30 percent complete) showing the facilities proposed for Cell 1 of the lateral expansion and identify the technical specification sections that will be needed for construction of Cell of the lateral expansion. Activity 3L. Preliminary Schedule and Construction Cost Estimate for Cell 1 Prepare a preliminary schedule and construction cost estimate for Cell 1 based on the Schematic Design documents. The preliminary cost estimate will represent a Class 3 estimate as defined by the American Association of Cost Engineers with an expected accuracy range of -20% to +30% and will be based on the level of detail available from the work in the Schematic Phase of the project in terms of individual items and quantities. Activity 3M. Schematic Phase Cell 1 Design Basis Report Document the evaluations and preliminary designs of the Schematic Phase in a Schematic Phase Design Basis Report. The report will include a preliminary schedule and cost estimate. Activity 3N. Presentation for Kodiak Island Borough Assembly CH2M HILL will prepare a 15- minute summary presentation of the schematic design for the BOROUGH Assembly. A draft PowerPoint presentation will be submitted for BOROUGH review, and then a final PowerPoint presentation will be completed based on BOROUGH comments. CH2M HILL's project manager will travel to Kodiak to give the presentation. This presentation will be scheduled prior to the completion of the schematic design so that Assembly comments can be addressed. Deliverables (all drawings are half size and electronic PDF): 1. Draft and Final Schematic Phase Design Basis Report for Cell 1 2. Draft and Final Preliminary Construction Schedule and Cost Estimate 10 ANGTP5231/062780002 ©D=O2II�n1HILL 3. Draft and Final Power Point Summary for Presentation to Kodiak Island Borough Assembly (electronic copy, Power Point slides) 4. 15 minute presentation for the Kodiak Island Borough Assembly Task 4 Cell 1 Final Design Objective: Develop draft (75 percent) and final (100 percent) plans, specifications, and reports for review prior to construction. Assumptions: • This task will have an estimated duration of 4 months. Activity 4A. Finalize grading plans and road and ditch alignments Following receipt and incorporation of BOROUGH comments on the schematic design, CH2M HILL will finalize the bottom grading plan and final cover grading plan. The final cover grading plan will be prepared such that there is coordination between the grading, bottom liner, leachate, surface water, and landfill gas facilities with the Cell 1 design, however, the final cover drawings will not be included in the bid documents (the installation of the final cover will happen in the future). The bottom and final cover grading plans will show contours of the bottom excavation and top of the final cover surface including access roads to the bottom of the landfill, to stockpiles, and over final cover areas and at the landfill perimeter. Develop horizontal and vertical alignments for access roads, berms, and ditches. Consider the design locations of other site facilities (e.g., landfill gas, leachate, surface water, bottom liner and final cover anchor trenches). Prepare plan and section plots and final alignment reports for development of construction drawings and design documentation. Develop the preliminary horizontal and vertical control alignment for the bottom liner and final cover anchor trenches and prepare control alignment reports. Prepare a 3 -D model of the bottom liner and final grading surface and update the model based on final alignments for roads, berms, ditches, and the bottom liner and final cover anchor trenches. Activity 4B. Bottom Liner and Final Cover System Stability Analyses Review previous bottom liner and final cover stability analyses including seepage height in the final cover system, reinforcement criteria and areas requiring slope stability reinforcement, anchorage requirements for the bottom liner and final cover system components, and any intermediate bench requirements. We assume that the Phase 1 Closure final cover system will be used for the lateral expansion, and therefore this task will consist of only a review to evaluate whether the same system can be applied to the proposed lateral expansion. Limit the lateral expansion side slopes to 3:1 slopes to avoid slope stability concerns raised by the ADEC. Activity 4C. Surface Water Drainage Analyses Review previous surface water design analyses and estimate new peak stormwater flows for existing and proposed surface water conveyance facilities for the design storm based on final design configuration. Compute surface water conveyance capacity requirements using peak flow estimates. Size ditches and culverts. ANC/rP5231/062780002 11 ON2REHILL Activity 4D. Leachate Collection and Management System This activity will include finalizing the sizing and layout of the leachate collection system, the seepage pond and pump station, the leachate storage lagoon with surface aeration and pump station, and leachate transmission pipeline. CH2M HILL will organize and attend one teleconference meeting with the City of Kodiak to discuss requirements for development of procedures for processing of leachate at the City WWTP. Activity 4E. Landfill Gas Collection and Management System This activity will include final sizing and layout of the landfill gas collection system and perimeter manifold system. Activity 4F. Prepare Final Drawings and Specifications Prepare final design drawings showing the facilities proposed for Cell 1 of the lateral expansion and the technical specification that will be needed for construction of Cell 1 of the lateral expansion. Activity 4G. Cell 1 Final Design Report and Calculations Document the evaluations and final design of Cell 1 in a Final Design Report that will include calculations for the final design. Activity 41-1. Storm Water Pollution Prevention Plan Since more than 1 acre will be disturbed during construction, the storm water discharges from activities associated with the construction are subject to the National Discharge Elimination System (NPDES) General Permit for Storm Water Discharges from Construction Activities. CH2M HILL will prepare a Storm Water Pollution Prevention Plan (SWPPP) to satisfy the requirements of this permit. The SWPPP will provide an overview of construction activities at the lateral expansion, including those activities that may affect the quality of storm water discharges in the vicinity. The plan will identify best management practices (BMPs) and procedures that will be used during construction to prevent or reduce pollutants in storm water discharges and mitigate impact from pollutants and /or sediment in storm water discharges. Assumptions for Activity 4H: • The Notice of Intent (NOI) for storm water discharges associated with construction activity under an NPDES General Permit will be filled out and submitted to EPA by the construction contractor. • Following construction, the EPA should be notified by the construction contractor that construction is complete and the BOROUGH is taking over operations. 12 ANC/TP5231/062780002 SHT TYPE DWG CONSTRUCTION DRAWINGS - TITLE SCALE SCH DGN FINAL DGN 1 General G1 Title Sheet: Location Maps and Drawing Index X X 2 G2 Abbreviations / Legend / General Notes X 3 Erosion Control ESC1 Construction Erosion and Sediment Control Plan 1" =100' X 4 ESC2 Final Erosion and Sediment Control Plan 1" =100' X 5 ESC3 Erosion and Sediment Control Details X 6 Civil C1 Existing Conditions and Survey Control 1" =100' X X 7 C2 Site Plan, Staging and Stockpile Areas 1" =100' X X 8 C3 Grading and Excavation Plan 1 " =50' X 9 C4 Site Cross Sections X 10 C5 Roadway Centerline Profiles X 11 C6 Roadway and Staging Area Typical Sections X 12 Pipeline PI Pipeline Overview X X 13 P2 Pipeline Plan and Profile 1 1 " =50' X 14 P3 Pipeline Plan and Profile 2 1 " =50' X 15 P4 Pipeline Plan and Profile 3 1 " =50' X 16 P5 Pipeline Plan and Profile 4 1 " =50' X 17 P6 Pipeline Plan and Profile 5 1 " =50' X 18 P7 Pipeline Plan and Profile 6 1 " =50' X 19 P8 Pipeline Plan and Profile 7 1 " =50' X 20 P9 Pipeline Plan and Profile 8 1 " =50' X 21 P10 Pipeline Plan and Profile 9 1 " =50' X 22 P11 Pipeline Plan and Profile 10 1 " =50' X 23 P12 Pipeline Details X 24 P13 Pipeline Details X 25 Stormwater SW1 Surface Water Control Plan 1 " =50' X X CH2MHILL Task 4 Deliverables Drawings (1 half -size copy and electronic PDF copy): Draft (75% design level), and final (100% design level) of the following for Cell 1 development: ANC/TP5231 /062780002 13 SHT TYPE DWG CONSTRUCTION DRAWINGS - TITLE SCALE SCH DGN FINAL DGN 26 SW2 Surface Water Control Sections X 27 SW3 Surface Water Control Details X 28 Liner L1 Bottom Liner Plan 1 " =50' X X 29 L2 Lining System Sections X 30 L3 Lining System Details X X 31 Leachate LC1 Leachate Collection and Removal Plan 1 " =50' X X 32 LC2 Leachate Collection System Sections X 33 LC3 Leachate Collection System Details X 34 LC4 Leachate Pump Station Plan 1 " =50' X 35 LC5 Leachate Pump Station Sections and Details X 36 LC6 Leachate Storage and Equalization Lagoon X X 37 LC7 Leachate Storage Lagoon Sections X 38 LC8 Leachate Storage Lagoon Details X 39 LC9 Seepage Surge Pond Plan X X 40 LC10 Seepage Surge Pond Sections X 41 LC11 Seepage Surge Pond Details X 42 LC12 Seepage Surge Pond Pump Station Plan and Details X 43 Landfill Gas LFG1 Landfill Gas System Plan 1 " =50' X X 44 LFG2 Landfill Gas System Sections and Details X 45 Electrical El Electrical Legend, Abbreviations, and One- Line Diagram X 46 E2 Electrical Site Plan 1 " =50' X 47 E3 Leachate Pump Station Controls X 48 E4 Seepage Pump Station Controls 49 E5 Electrical Details X 50 SCI Conceptual Bottom Grading Plan 1" =100' X 51 SC2 Conceptual Final Grading and Drainage Plan 1" =100' X 52 SC3 Conceptual Site Cross Sections 1" =100' X C1H12MHILL 14 ANC/TP5231 /062780002 ©D=U2 vG�i HILL Specifications 1. Technical specifications (1 hard copy, 1 electronic PDF Reports 1. Copy of design calculations (1 hard copy and 1 electronic PDF copy) 2. Draft and Final Storm Water Pollution Prevention Plan (1 hard copy and 1 electronic PDF copy) Task 5 Cell 1 Construction Documents Phase Objective: Prepare plans, specifications, and contract documents for use by the BOROUGH to procure qualified construction services for Cell 1 of the lateral expansion and to provide the contractor with the necessary information to construct the closure facilities in conformance with the selected, approved design criteria. Assumptions: • The BOROUGH will provide their standard front -end bidding requirements including Instructions to Bidders, General Conditions, Bid Form, Tax Compliance Form, and Contract Forms. • CH2M HILL will provide the Division 1 specifications: Summary of Work, Measurement and Payment, Coordination, and Construction Facilities and Temporary Controls and Safety. • The 50 division CSI Masterspec Format will be used for the specifications. • This task will have an estimated duration of 2 months and will be completed concurrently with the Design Development Phase. • After completion of this task, the ADEC permitting process is assumed to take 1 month. Activity 5A. Compile the Project Manuals CH2M HILL will prepare contract documents using the BOROUGH's contracting and formatting requirements. The documents will include bidding requirements, contract forms, general and supplementary conditions of the contract, technical specifications, and construction drawings. CH2M HILL will assemble the drawings, specifications, and bidding requirements into a complete, bid -ready design package, and will assist the BOROUGH in resolving language between the General Conditions, bidding requirements, and such Division 1 specifications as Measurement and Payment, Construction Facilities, and Coordination. CH2M HILL will also generate a submittal register summarizing required submittals prior to construction, during construction, and after construction. The measurement and payment specification will be developed with consideration for achievable, accurate measurements for Contractor payment, incorporating post - construction survey of in -place material quantities. ANC/TP5231 /062780002 15 ©G;1211HILL A complete draft project manual will be submitted to the BOROUGH for purchasing review. CH2M HILL will publish the final project manuals following incorporation of BOROUGH comments. Activity 5B. Construction Cost Estimate CH2M HILL will prepare a construction cost estimate based on the final bid documents. The estimate will be prepared in terms of the individual items and quantities provided in the Form of Bid. The 100% design cost estimate will represent a Class 2 estimate as defined by the American Association of Cost Engineers with an expected accuracy range of -15% to +20% and will be based on the level of detail available in the final design package in terms of individual items and quantities. The draft estimate will be sent to the BOROUGH for review. The final construction cost estimate will be prepared following incorporation of BOROUGH comments. Task 5 Deliverables: 1. Draft Project Manual (1. hard copy and 1 electronic copy PDF) 2. Final drawings: full size signed, stamped mylars and AutoCAD files 3. Final Project Manuals (7 hard copies with half -size drawings and full -size drawings for each set, 1 electronic copy PDF, 1 electronic copy of AutoCAD files) 4. Draft and Final Construction Cost Estimate (1 hard copy and 1 electronic copy PDF) Task 6 Cell 1 Construction Support Services Objective: Represent the BOROUGH during bidding and provide construction quality assurance milestone inspections during construction. Two options for construction management are provided. Note that we have combined the bidding phase, construction quality assurance (CQA) plan and inspections, CQA report, construction management, and services after construction (record drawings) into this task. Assumptions: • Services will be performed in 2011 and 2012. • One mandatory pre -bid site walk- through meeting will be held at the Kodiak Landfill with the prospective bidders. CH2M HILL will attend this meeting to provide project technical support. • Construction duration as shown on the attached schedule. The construction duration will be an estimated 7 months (October 2011 through Septemberber 2012 with a 5- month winter break from November 2011 through March 2012). • The construction contract will include supply of a job trailer with space for the CH2M HILL construction manager, onsite meetings and management for the estimated 7 months during construction. 16 ANC/TP5231/062780002 ©112U 4il]HDLL • One post - construction survey will be conducted by a subcontractor hired by CH2M HILL. An allowance of $10,000 for these services has been budgeted. • The Contractor will provide redline mark -ups of any changes to the work on a set of full -sized drawings. Activity 6A. Bidding Phase Support CH2M HILL will attend the pre -bid conference, respond to bidder's questions, prepare required clarifications to be included in addenda, review bids, assist with technical reviews for negotiation, and review submittals or substitution requests. This support will be in the form of telephone conversations, memos, and informal sketches. Once all bids are received from prospective contractors, CI-12M HILL will review qualifications /references, and prepare a bid tabulation and recommendation for award letter within 1 week of the bid opening. Activity 6B. Document Interpretation and Submittal Review CH2M HILL will address Contractor questions related to the Contract Documents after consulting with the design team as needed. CH2M HILL will interpret and clarify the drawings and specifications. We will develop supplements to details, elementary sketches, or written descriptions as required to meet actual conditions encountered in the field and to respond to Contractor requests. Responses to questions will be documented and maintained in the project records. The BOROUGH construction manager will receive Contractor submittals and route them to the CH2M HILL design team for review. Shop drawings, illustrations, product data, warranties, schedules, samples, test results, inspections, etc. will be reviewed by the BOROUGH construction manager to confirm that they are in compliance with the Contract Documents. The BOROUGH construction manager will request CH2M HILL review if needed. Copies of the submittals will be maintained at the project office at the landfill. A CH2M HILL administrative assistant will track the submittals received by CH2M HILL using the software program Expedition. Activity 6C. Construction Quality Assurance Plan CH2M HILL will use existing plans from other projects to prepare a construction quality assurance (CQA) plan which will include the following components: • Chain of command for CQA inspectors • Description of the required level of experience and training for CQA inspectors for major construction activities to monitor implementation of proper methods and procedures • CQA protocols for major construction activities • Description of construction documentation procedures • Project meeting requirements A sub component of this CQA plan will be the liner installation quality assurance plan, which will be submitted as part of the ADEC permit renewal process. ANC/TP5231/062780002 17 ©f 2U flHILL A draft CQA plan will be submitted for BOROUGH review. A final CQA plan will be completed incorporating BOROUGH comments. Activity 6D. Construction Quality Assurance Inspections CH2M HILL will provide qualified CQA inspectors to conduct CQA inspections at important project milestones such as liner seaming. The CH2M HILL construction manager (Activity E) will conduct the majority of the CQA inspections during major construction. Additional inspectors will visit the site during important milestones (i.e., liner seaming) as needed. CH2M HILL will provide onsite CQA and report progress to the BOROUGH. Activity 6E. Construction Management Two options are provided for construction management as follows: Option A: Full -Time Construction Managernent by CH2M HILL CH2M HILL will provide a senior construction manager in Kodiak full time for 7 months in 2011 and 2012 to provide construction management services. We would provide a team of two construction managers each rotating out approximately every two weeks. The construction manager will work 6 days per week, 10 hours per day, and will rotate an average of every 2 weeks to Homer or Portland. Costs include $75 /day for meals, $1,400 /month for lodging, $50 /month for laptop, and $75 /month for cell phone service. The CH2M HILL construction manager will handle management of contractor submittals, measurement for payment, pay requests, change requests, and will schedule and attend meetings with the BOROUGH and construction contractor. The construction manager will also perform the day -to -day CQA inspections and will coordinate CQA laboratory testing during construction. Specific proposed scope for this work is as follows: Reporting: CH2M HILL will keep the Owner advised of the progress of the construction. This includes submitting monthly progress reports to the Owner and holding periodic meetings and consultations with the Owner. Document Managernent System and Procedures CH2M HILL will establish a system and set of procedures for managing, tracking and storing relevant documents between the Contractor, CH2M HILL and Owner produced during the Bid /Award, Construction and Closeout phases of the project. CH2M HILL will utilize an appropriate computer based document management system selected by CH2M HILL. CH2M HILL will, in coordination with the Owner, maintain hard copy records, suitably organized, of relevant documentation. CH2M HILL will implement procedures for the logging and tracking of relevant correspondence and documents. CH2M HILL will assist the Owner in monitoring outstanding decisions, approvals or responses required from the Owner. 18 ANC/TP5231/062780002 ©D I2MHILL Site Coordination Pre - Construction Conference: CH2M HILL shall coordinate and attend one pre - construction conference with the Contractor to review the project communication, coordination and other procedures and discuss the Contractor's general workplan and requirements for the project. CH2M HILL will take minutes or otherwise record the results of this conference. Mobilize On -Site Team: CH2M HILL will mobilize a construction manager for the duration of the construction to provide site coordination, contract administration and monitoring the performance of the Contractor. The construction manager zvill mobilize in field trailer to be provided by the Contractor in accordance with the terms of the contract for construction. Coznmu nications: CH2M HILL will implement and maintain regular communications with the Contractor during the construction. CH2M HILL will receive and log communications from the Contractor and zvill coordinate tlne communications between the Owner and Contractor. CI12M HILL will not communicate directly with the Contractor's subcontractors. Project Site Meetings: CH2M HILL will conduct periodic meetings with the Contractor and will prepare the minutes of these meetings. Field Instructions and Orders: CH2M HILL will issue field instructions, orders or similar documents during construction as provided in the contract for construction. Construction Contract Administration Payments to Contractor: CH2M HILL will receive and review the Contractor's requests for payment. CH2M HILL will determine whether the amount requested reflects the progress of the Contractor's work and is in accordance with the contract for construction. CH2M HILL shall provide recommendations to the Owner as to the acceptability of the requests. CH2M HILL will advise the Owner as to the status of the total amounts requested, paid, and remaining to be paid under the terms of the contract for construction. Recommendations by CH2M HILL to the Owner for payment will be based upon CH2M HILL's knowledge, information and belief from its observations of the work on site and selected sampling that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by CH2M HILL to ascertain that the Contractor has completed the work in exact accordance with the contract for construction; that CH2M HILL has made an examination to ascertain how or for what purpose the Contractor has used the moneys paid; that title to any of the work, materials or equipment has passed to the Owner free and clear of liens, claims, security interests, or encumbrances. Correspondence and Communications: CH2M HILL will coordinate written connnunications among the Contractor, CH2M HILL and Owner during the construction. CH2M HILL will prepare written communications to the Con tractor and ANC/TP5231/062780002 19 ©D4 fl HILL provide recommendations to the Owner for written communications between the Owner and Contractor. Changes Minor Variations in the Work: CH2M HILL may authorize minor variations in the work which do not involve an adjustment in the Contractor's contract price nor time for construction and are not inconsistent with the intent of the contract documents. Coordinate Issuance of Changes: CH2M HILL will assist the Owner with the issuance of changes to the contract for construction. Design and engineering services to prepare drawings, specifications and other information for the change shall be considered as Additional Services, and shall entitle CH2M HILL to additional compensation for the design services. CH2M HILL will receive and review the Contractor's response to the request for change and will obtain such further information as is necessary to evaluate the basis for the Contractor's proposal. CH2M HILL will assist the Owner with negotiations of the proposal and, upon approval by the Owner, prepare final change order documents for execution by the Owner and Contractor. Review of Contractor's Requested Changes: CH2M HILL shall review Contractor - requested changes to the contract for construction. CH2M HILL will make recommendations to the Owner regarding the acceptability of the Contractor's request and, upon approval of the Owner, assist the Owner in negotiations of the requested change. Upon agreement and approval, CH2M HILL will prepare final change order documents. Design and engineering services of CH2M HILL to review Contractor initiated changes and to prepare drawings and specifications for issuance to the Contractor shall be considered as Additional Services, entitling CH2M HILL to additional compensation. Change Order Reports: CH2M HILL will provide periodic reports to the Owner about the status of Change Orders. The report shall include issued Change Orders, pending change orders, and change order amounts. Interpretations of Contract Documents CH2M HILL will provide written responses to the Contractor's request for interpretation or clarification of the contract documents. Claims and Disputes CH2M HILL will receive, log, and notify the Owner about letters and notices from the Contractor concerning claims or disputes between the Contractor and Owner pertaining to the acceptability of the work or the interpretation of the requirements of the contract for construction. CH2M HILL will review the letters and notices and will discuss them with the Contractor as necessary to understand each such claim or dispute. CH2M HILL will advise the Owner regarding the Contractor's compliance with the contract requirements for such claims and disputes. CH2M HILL will assist the Owner in discussions with the Contractor to resolve claims and disputes. 20 ANC/TP5231/062780002 ©1121MHILL CH2M HILL will not issue decisions on Contractor claims or disputes. CH2M HILL will not, except as part of Additional Services, undertake comprehensive and detailed investigation or analysis of Contractor's claims and disputes, nor participate in judicial or alternative dispute resolution procedures for the claims or disputes. Project Controls Contractor's Schedule Submittal: CI-12M HILL will review the Contractor's construction schedule and verify that it is consistent with the requirements of the contract for construction. CH2M HILL will advise the Contractor of any areas where the schedule is not in compliance with the contract for construction. CH2M HILL will provide comments to the Owner to assist the Owner in approving, accepting or taking other action on the contractor's schedule, in accordance with the contract for construction. CH2M HILL's review and comments shall not be considered as a guarantee or confirmation that the Contractor will complete the work in accordance with the contract for construction. Contractor's Schedule Updates: CI-12M HILL will review the Contractor's periodic schedule updates or other schedule submissions. CH2M HILL will advise the Contractor if the updates or other submissions are not in accordance with the contract for construction. CH2M HILL will provide comments to the Owner regarding the updates or other submissions. Effect of Change Orders: CH2M HILL will review information submitted by the Contractor regarding the effect of proposed or issued Change Orders upon the construction schedule, duration and completion date. CH2M HILL will advise the Owner as to the potential impact of proposed or issued Change Orders. CH2M HILL will assist the Owner in discussions with the Contractor concerning the potential impact of proposed or issued Change Orders. Periodic Reports: CH2M HILL will provide periodic reports to the Owner as to the status of the construction schedule, date of completion, contract price, retainage, pending changes to the contract price or completion date and other issues material to the cost and time for completion of the construction. ANC/TP5231/062780002 21 ©U=12 UHILL Field Inspection Field Office: CH2M HILL will staff a field office on the project site for purposes of providing inspectors to observe the work of the Contractor. Independent Testing Services: CH2M HILL will subcontract material testing services for CQA testing of liner and drainage materials to verifying the quality of the Contractor's work. CH2M HILL will coordinate the testing services. CH2M HILL will review the reports prepared by the independent firms. CH2M HILL will assist in coordinating their schedules and the transmittal of their reports, findings or other information. An allowance of $12,000 for the testing services has been budgeted for these services. Review of Work: CI-12M HILL will conduct daily on -site observations of the Contractor's work for the purposes of determining if the work generally conforms to the contract for construction and that the integrity of the design concept as reflected in the contract for construction has been implemented and preserved by the Contractor, The CH2M HILL construction manager will prepare written reports, diaries or other records of their observations. CH2M HILL's construction manager will arrange for monthly photographs of the work in progress by the Contractor, which will be made available to the Owner. CH2M HILL's observation of the work is not an exhaustive observation or inspection of work performed by the Contractor. CH2M HILL does not guarantee the performance of the Contractor. CH2M HILL's observations shall not relieve the Contractor from responsibility for performing the work in accordance with the contract for construction, and CH2M HILL shall not assume liability in any respect for the construction of the project. CH2M HILL shall, with the assistance of the Owner, obtain written plans from the Contractor for quality control of its work, and will monitor the Contractor's compliance with its plan. Deficient and Non- conforming Work: Should CH2M HILL discover or believe that any work by the Contractor is not in accordance with the contract for construction, or is otherwise defective, or not conforming to requirements of the contract or applicable rules and regulations, CH2M HILL will bring this to the attention of the Contractor and the Owner. CH2M HILL will thereupon monitor the Contractor's corrective actions and shall advise the Owner as to the acceptability of the corrective actions. Design Team Visits: CH2M HILL will coordinate periodic visits to the site by the design team members to review progress and quality of the work. The visits shall observe the general quality of the work at the time of the visit and review any specific items of work that are brought to the attention of the design team members by the Contractor or the Owner. Subsurface and Physical Conditions: Whenever the Contractor notifies CH2M HILL or Owner of subsurface or physical conditions at the site which the contract for construction provides should be so notified, CH2M HILL will advise the Owner and inspect the conditions at the site. CH2M HILL will advise the Owner as to the appropriate action(s), and will assist the Owner in responding to the Contractor. Engineering and technical services that are required to investigate the subsurface or physical conditions shall be considered an Additional Service. 22 ANC/TP5231/062780002 CFIZMIHILL Substantial and Final Completion: CH2M HILL will assist the Owner with inspections at substantial and final completion, in accordance with the contract for construction. CH2M HILL will prepare up to two (2) separate punch lists of items requiring completion or correction. CH2M HILL shall make recommendations to the Owner regarding acceptance of the work based upon the results of the final inspection. Option A includes design engineer support during bidding phase, design engineer document interpretation and technical review of submittals, and select design engineer CQA inspections. Option B: BOROUGH - Provided Construction Management. Under this option, the BOROUGH will hire a full -time construction manager to handle management of contractor submittals, measurement for payment, pay requests, change requests, and will schedule and attend meetings with the BOROUGH and construction contractor. The construction manager will also perform the day -to -day CQA inspections and will coordinate CQA laboratory testing during construction. The BOROUGH'S construction manager would assume the specific duties listed in italics under Option A. Option B includes CH2M HILL design engineer support during bidding phase, design engineer document interpretation and technical review of submittals, and select design engineer CQA inspections. Activity 6F. Construction Surveying The Contractor will conduct initial construction staking and all subsequent survey during construction. CH2M HILL will hire an independent surveyor to conduct one post - construction survey to document as -built conditions. Activity 6G. Construction Quality Assurance Final Construction Report Construction records (daily reports, submittals, testing records, and as -built drawings), will be summarized in a CQA Final Construction Report for documentation and certification by the CQA Engineer of Record that the construction was completed in conformance with the design and CQA protocols of the project. A draft report will be submitted to the BOROUGH for review and a final report will be completed incorporating BOROUGH comments. Activity 6H. Record Drawings Assumption: • The Contractor will provide detailed and complete redline mark -ups of any changes to the work. Services after construction will include record drawings and certification of conformance with design and construction quality assurance. Using the survey generated in Activity 6F and the Contractor - provide mark -ups, CH2M HILL will provide drafting assistance to electronically create record drawings. Activity 61. Operations and Maintenance Manual CH2M HILL will develop an Operations and Maintenance (O &M) manual describing the operation of the leachate collection, storage, and transmission facilities. This manual will explain the various primary modes of operation that may be used, including both ANC/TP5231/062780002 23 ©D-02MHILL normal operation and initial emergency operation procedures. The manual will explain the purpose and basic concept of the various processes that are incorporated into the design. Where appropriate, reference will be made to the manufacturer's detailed O &M submittals. It will include instructions for process operations and test or laboratory procedures that may be required to monitor the performance of the facilities. The manual will be suitable for use as an operational tool and to facilitate operator training. The manual will be produced in a computerized format using commercially available software. The O &M manual will be revised at the end of one -year of operations based on actual operating and maintenance experience and input from the Owner's staff. Task 6 Deliverables • Bid Clarifications as needed (electronic copies for inclusion in addenda). • Recommendation for Award Letter (1 electronic PDF copy). • Draft and Final CQA Final Construction Report (1 hard copy, 1 electronic PDF copy). • Draft and Final Record Drawings (1 half -size hard copy, 1 electronic PDF copy, 1 full size signed, stamped mylar, AutoCAD files). • Draft and Final O &M Manual (4 hard copies and 1 electronic PDF copy) 24 ANCnP5231/062780002 KIB LF Lateral Expansion Design Price by Element Chargeable Tasks, All Budgets, Original Option A, without Budget Subtotals, without Period Subtotals, without Estimating Frequency Subtotals Page 1 of 1 COQ2R/IIHILL m Labor Task Hours Labor Subtotal Expense Subs Travel Subtotal Markup Task Total Client Change Order Original + Option A Top Task Al - KIB LATERAL EXPANSION A1.01 - Project 509.00 78,750.00 78,750.00 0.00 0.00 0.00 78,750.00 0.00 78,750.00 Management A1.02 - Pre-Design 444.00 69,028.00 69,028.00 1,185.50 0.00 900.00 71,113.50 190.00 71,303.50 Analysis 2010 A1.03 - Schematic 1,448.00 223,338.00 223,338.00 567.00 20,000.00 3,985.00 247,890.00 2,398.50 250,288.50 Design 2010 A1.04 - Final Design 1,646.00 242,428.00 242,428.00 693.00 0.00 0.00 243,121.00 0.00 243,121.00 2011 A1.05- Construction 72.00 10,170.00 10,170.00 250.00 0.00 0.00 10,420.00 25.00 10,445.00 Documents 2011 A1.06 - SDC 2012 2,228.00 395,884.00 395,884.00 1,947.40 22,000.00 52,771.00 472,602.40 6,794.60 479,397.00 Subtotal for Al 6 ,347.001,019,598.001,019,598.00 4,642.90 42,000.00 57,656.00 1,123,896.90 9,408.10 1,133,305.00 Subtotal for Original + Option A 6 ,347.001,019,598.001,019,598.00 4,642.90 42,000.00 57,656.00 1,123,896.90 9,408.10 1,133,305.00 Grand Total 6 ,347.001,019,598.001,019,598.00 4,642.90 42,000.00 57,656.00 1,123,896.90 9,408.10 1,133,305.00 27- May -2010 09 :01:17 PM Page 1 of 1 https: / /www.int.ch2m.com/ Pricer /Reports.aspx ?Id= 85 &Reportname =Price by Element (A)... 5/27/2010 Task KIB LF Lateral Expansion Design Price by Element Chargeable Tasks, All Budgets, Original Option B, without Budget Subtotals, without Period Subtotals, without Estimating Frequency Subtotals Client Change Order Original + Option B Top Task Al - KIB LATERAL EXPANSION A1.01 - Project 509.00 78,750.00 Management A1.02 - Pre- Design 444.00 Analysis 2010 A1.03 - Schematic 1,448.00 Design 2010 A1.04 - Final Design 1,646.00 2011 A1.05 - Construction 72.00 Documents 2011 A1.06 - SDC 2012 Subtotal for Al Subtotal for Original + Option 8 4,667.00 709,638.00 709,638.00 Grand Total 4,667.00 709,638.00 709,638.00 27- May -2010 08:50:53 PM Page 1 of 1 Q CH2MHILL 0 Labor Hours Labor Subtotal Expense Subs Travel Subtotal Markup Task Total 78,750.00 0.00 69,028.00 69,028.00 1,185.50 223,338.00 223,338.00 567.00 242,428.00 242,428.00 693.00 10,170.00 10,170.00 250.00 0.00 0.00 20,000.00 0.00 0.00 0.00 78,750.00 0.00 78,750.00 900.00 71,113.50 190.00 71,303.50 3,985.00 247,890.00 2,398.50 250,288.50 0.00 243,121.00 0.00 243,121.00 0.00 10,420.00 25.00 10,445.00 548.00 85,924.00 85,924.00 171.50 22,000.00 9,700.00 117,795.50 3,170.00 120,965.50 4,667.00 709,638.00 709,638.00 2,867.00 42,000.00 14,585.00 769,090.00 5,783.50 774,873.50 2,867.00 42,000.00 14,585.00 769,090.00 5,783.50 774,873.50 2,867.00 42,000.00 14,585.00 769,090.00 5,783.50 774,873.50 Page 1 of 1 hops: / /www.int.ch2m.com/ Pricer /Reports.aspx ?Id =85 &Reportname =Price by Element (A)... 5/27/2010 ID Task Name Duration IMIMOIMITNIE 2010 2011 2012 - Ma Jun Jul Au• Se. Oct Nov Dec Jan Feb Mar A• r Ma Jun Jul Au. $e• Oct Nov Dec an Feb Mar A•r Ma Jun Jul Au• Se. On 1 NPT Des i• n Se es MIEMEIrlirl 2 s 1 -Pro ecl Mao ;.omen ®MEIZZIE 3 Task 2- Pre-Des • n ®i 4 2A C0969.1 al La • of Lateral Eo•ansbn Main Tin 5 28 Leachate Evaluation MEIRMICIa 6 2C LandliII Gas EvyuatlOn IllaMEMICEI 920 Saxa.e Hl ••6 Disaal Evaluation Mair®' 8 2E Storm water Evaluation P•II[]r aroma 9 Task 3 - ScbemNlc Phew Call 1 Prelimlna Da el l n Mr r.4[]r 103A Sury . • 494 U• •ale Base Ma. MEMO:IMEMMEI t 1 30 3 o Grath • Prelimina Desi. n CEOMMICINEI 12 3C CommsSe Liner Prelimina Den .n CI MEMO t 3 30 Final Cover S sem Prelimina Des •n CI 143E Storm aim Mana.emont Prelimina 0 esi.9 IMESZCIEEMIECI 153F Leachate Collect Prelimina Desi.n MIECTE 163G Leachate See ...a S Pond Prelimina Oa .4 t%r 173H Leachate Slora•e L.. oon Prelimina Desbn Milallal 1631 Leach ate Pi. eline Prelimina Desi•n MEMEIEMEMICI 19 3J LaiIiII Gas Prelimina Deesi. n ilEtIIIIIERIEMEI 20 3K Prelimina Ora wi .s 456 5.96469t ion s Min 21 3L Prelimina Schedule and Cost EAimate 22 Cell 1 Desi.n Basis R•on 23 3N Pres entation for KIO AsSembl 24 Task 4. Cell 1 D . n Develo• roan Phase MIMIIIEEMEMEI 25 4A Final Gradin. Plans and Al • nments MIEEMIIIIIIIMITO 26 4R Bottom Liner alld Anal Cov er Stabile Ana 06 MINIESSIMB 2) aC Surface Water Draina•e Anal ses 1•111231•11211111 26 40 Leachate Collection and Mana• ement 5 em MEMIENCEMEI 29 40 Leachate Sec•a.e Su •e Pond Final De •n MISEGNIIMOMII 30 4D Leachate Stora.a La. con Final De n ®MICIIMI 3140 Leachate Praline Final De sir n MEMEEIMil 32 4E Landlill Gas Collection and Mana. amen 5 .tem ®E.= 33 4F Final Drawi • 9156 S•ecilketions MilEIMEMIIMill 34 4G Desi.n Re0ce and Calculations 35 4H Stormwaler Pollution Prevention Plan 1•313152111WIEMIEI 36 Task 5 Construction Documents MEIMIEEMEMEI 3] 5A Com.il0 Pro eel Manual 38513 Constnnhan COST ESOmate ®MICIME 39 ADEC Permlls MIZIIIIIE MEE= 40 T aak 6 - Construction 5u• •onl Sonic ®• W int r- 9O con st ruction 41 6A Biddi • Phase ®® 42 Bid Adverlisement =MO 111125100 43 Pread M •ERIErIU 44 Bib Oren i • tj 45 Contrem Aware manwpa13Ei1 46 Construction Notice to Proceed MILIIIIMIKMEI 4I 68 Document Inlenretation and Sub Rev iev CHEM= 48 6C Construction au al Assurance Plan MEESIEWIIIII 4960 Construction •uali Aswrance In .ecbons 11.312r113.1=54 506 Construction Maim: en rillErip 51 6F Construction Surve I • =nip taine 52 Construction Cops •letion NEUESIBECIEME 53 60 Construction Oual1 Assurance Final 89..n E•a wimp 54 6H Record Drawi .s NECKE0111011E Kodiak Island Borough Landfill Lateral Expansion and Leachate Facilities Preliminary Design and Construction Schedule o4Febm Project Responsibility Matrix - Construction Phase Legend: R = Primary Responsibility, S = Supports, C = Coordinates, K = Keep Informed, V = Verify, W = Review /Recommend (Cross - reference is to Standard Scope of Work paragraph numbering) Scope Ref. Activity Owner Designer CM Contractor Other 2.0 - Bid and Award Phase - Prequatify Bidders R - Bidder Solicitation R - Distribute Bidding Documents R - Prepare Planholders List R - Respond to Bidders Questions S R - Conduct Pre -Bid Conference R S - Prepare Bid Document Addenda R - Distribute Bid Document Addenda R - Conduct Bid Opening R - Evaluate Bids R - Tabulate Bids R - Issue Notice of Award R - Delivery and Execution of Contract R - Issue Notice to Proceed R 3.0 - Construction Phase - Coordinate work of subcontractors & suppliers P - Supervise and direct construction work P - Furnish construction site R THIS MATRIX IS FOR SCOPE DEVELOPMENT ONLY AND MUST NOT BE MADE PART OF THE CONTRACT Project Responsibility Matrix Legend: R = Primary Responsibility, S = Supports, C = Coordinates, K = Keep Informed, V = Verify, W = Review /Recommend (Cross - reference is to Standard Scope of Work paragraph numbering) Scope Ref. Activity Owner Designer CM Contractor Other 3.0 - Construction Phase (continued) - Fumish additional staging sites R - Coordinate other contracts on site R - Deliver bonds and insurance certificates R • Review bonds and insure certificates for acceptability R - Fumish Contract Documents to Contractor R - Obtain permits R R - Prepare CM Workplan - Prepare Monthly Report to Owner R - Establish Document Management System R - Mobilize On -Site Team R - Conduct Preconstruction Conference S R S - Attend Preconstruction Conference S R S - Conduct Project Site Meetings R - Attend Project Site Meetings R - Correspond /Communicate With Contractor S S R - Verify receipt of bonds and insurance certificates R - Prepare Schedule of Values R - Review Schedule of Values W R THIS MATRIX IS FOR SCOPE DEVELOPMENT ONLY AND MUST NOT BE MADE PART OF THE CONTRACT Project Responsibility Matrix Legend: R = Primary Responsibility, S = Supports, C = Coordinates, K = Keep Informed, V = Verify, W = Review /Recommend (Cross - reference is to Standard Scope of Work paragraph numbering) Scope Ref. Activity Owner Designer CM Contractor Other 3.0 - Construction Phase (continued) - Recommend Contractor Payment R - Give notices required by laws & regulations S R - Submit Application for Payment R - Review /Respond to Substitution Requests K W R - Initiate change orders R - Review / Recommend change orders W R - Execute change orders R - Issue contract interpretations R - Authorize minor contract variations (Field Orders) K R - Coordinate As -Build Drawings R S Maintain record documents V R - Review and Advise Owner regarding claims S R - Prepare Construction Progress Schedule R - Review Construction Progress Schedule K R - Conduct / coordinate Independent Testing & Inspection R - Witness Off-Site Tests and Inspections - Reject defective work R W - Report Differing Site Conditions R THIS MATRIX IS FOR SCOPE DEVELOPMENT ONLY AND MUST NOT BE MADE PART OF THE CONTRACT Project Responsibility Matrix Legend: R = Primary Responsibility, S = Supports, C = Coordinates, K = Keep Informed, V = Verify, W = Review /Recommend (Cross- reference is to Standard Scope of Work paragraph numbering Scope Ref. Activity Owner Designer CM Contractor Other 3.0 - Construction Phase (continued) - Investigate /Review Differing Site Conditions S R - Prepare Schedule of Shop Drawings and Samples R - Review Schedule of Shop Drawings and Samples R - Submit Shop Drawings and Samples R - Coordinate Shop Drawings and Samples C R - Issue contract clarifications R - Review shop drawings and samples R - Site Safety S S S R 4.0 - Closeout Phase - Inspect Work for Substantial Completion R - Issue Certificate of Substantial Completion R - Issue Punch List S R - Inspect Work for Final Completion R S - Apply for Final Payment R - Recommend Final Payment W R - Coordinate Manufacturer's Services C R - Prepare O &M Vendor Manuals C R - Review O &M Vendor Manuals R - O &M Training C R Project Responsibility Matrix Legend: R = Primary Responsibility, S = Supports, C = Coordinates, K = Keep Informed, V = Verify, W = Review Recommend (Cross - reference is to Standard Scope of Work paragraph numbering Scope Ref. Activity Owner Designer CM Contractor Other - Coordinate Warranties C R - Close -out File and Records R 5.0 - Post Construction Phase - System /Facility O &M Manual R - System /Facility O &M Instruction - Start-up Support - As -Built Drawings C R - Perform Warranty Period Inspection 6.0 - Additional Services - Project Financing /Budgeting Services - Services Related to Bid Disputes - Owner - Furnished Equipment Procurement Services - Third Party Contractor Procurement Services (excluding testing, inspection, and surveying) - Materials /Specialty Testing, or Surveying Services R - Services Related to Contractor's Default - Services Related to Damages Caused by Fire or Acts of God - Services Related to Owner's Use of Project Outside of Original Scope - Services Related to Warranty Claims, Enforcement, and Inspection - Extended Dispute Resolution Services THIS MATRIX IS FOR SCOPE DEVELOPMENT ONLY AND MUST NOT BE MADE PART OF THE CONTRACT SUMMARY: KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 1, 2010 REGULAR MEETING ITEM NO: 13.D.1 TITLE: BOARD OF ADJUSTMENT - Adoption of Findings of Fact Affirming the Planning and Zoning Commission's Decision on Case No. 10 -013 of March 10, 2010, Overturning an Administrative Order Resulting in the Issuance of a Notice of Violation Regarding the Use of Lot 10, Block 1, Pasagshak Subdivision for a "Full- Service Lodge, Including Room Accommodations, Meals, Guiding, and Transport Services." The Appellants are Seeking Specific Relief. Appellants: Richard and Nancy Diemer. On June, 17, 2010, the Board of Adjustment affirmed in whole the Planning and Zoning Commission's decision on this case and postponed the adoption of the findings of fact to this meeting. Below are the findings of fact as adopted by the Planning and Zoning Commission: FINDINGS OF FACT • The Bakers acquired a zoning compliance and building permit for a single family dwelling in 2000 that identified their potential use of the structure as a B &B; • A zoning violation complaint was submitted to CDD staff on September 24, 2009, by Pasagshak resident Mr. Richard Diemer; • An investigation into the complaint resulted in the issuance of a Notice of Violation to discontinue the unlawful use (full service lodge, including guiding and transport services) of the land and structure was sent to the Bakers on November 18, 2009; • A written appeal of the Notice of Violation was made to the Planning and Zoning Commission by the Bakers on December 28, 2009; • The Bakers acquired a zoning compliance (change of use) permit to provide B &B services at their single family residence in Pasagshak on December 29, 2009; and • The Bakers acquired a zoning compliance permit for "fishing activities" when an owner occupied dwelling is present on the premises on December 29, 2009. Based on a 2/26/1986 definition of "Fishing Activities" Mr. Baker is allowed to store his vessel and fishing equipment and conduct sport, subsistence, setnet fishing and other commercial fishing activities from his Pasagshak lot. B &B Services • The Bakers have acquired the necessary borough permits to operate a Bed and Breakfast on their Pasagshak lot; • The definition of a B &B as found in KIBC 17.25.030 and includes overnight accommodations and a morning meal to transients for compensation; and • This definition defines the minimum requirements of services offered at a B &B. Restricting meals offered at a B &B to just a morning meal does not make sense in facility located out of town and away from other restaurants or places that provide meals. Requiring an alternative location away from the Bakers B &B to dine would require clients to drive a significant and unnecessary distance to dine elsewhere. Offering meals at other times of the day including lunch and evening meals is acceptable service to offer. Home Occupation • Mr. Baker must reside at this Pasagshak residence when he operates his businesses; • Mr. Baker's Home occupation does not occupy more that 25% of the dwellings floor area; • Based on public testimony at the February 17, 2010 Planning and Zoning Commission meeting, the operation of the A River Inn and Fish Kodiak Adventures does not change the essential residential character of the Pasagshak neighborhood; and • It was clear that the neighborhood character of Pasagshak is one of "active recreation" of many types, conducted at many hours of the day. Fishing Activities • Based on the definition of "fishing activities" as defined in the 1986 Administrative Opinion, and in order to consistently applying this definition, Mr. Baker's charter boat activities is consistent with this definition; • Mr. Baker has acquired the necessary Borough Zoning Compliance permit to operate his charter boat business and thereby meets this standard; and • Mr. Baker must reside at this residence in order to meet the definition of fishing activities as required in KIBC 17.70.020 that requires an owner — occupied dwelling is present on the premises. Comprehensive Plan • Mr. Baker's activities are consistent with the adopted comprehensive plans and meet the zoning code requirements and standards for the RR1 zoning district; • The seasonal nature of Mr. Baker's activity is consistent with the low density development encouraged for the area; • Mr. Baker's operation of his B &B, Fishing Activities, and Home Occupation at this parcel is in keeping with the goals of the comprehensive plan that calls for retail /commercial activity be conducted as a home occupation; and • The activities of A River Inn and Kodiak Fish Adventures are permitted uses in the RR1- Rural Residential One zone and do not require a rezone to a commercial zoning district. APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT JULY 1, 2010 REGULAR MEETING RECOMMENDED MOTION: Move to adopt the findings of fact in support of the KIB Board of Adjustment's decision to affirm in whole the Planning and Zoning Commission's Decision on Case No. 10 -013 of March 10, 2010, Overturning an Administrative Order Resulting in the Issuance of a Notice of Violation Regarding the Use of Lot 10, Block 1, Pasagshak Subdivision for a "Full- Service Lodge, Including Room Accommodations, Meals, Guiding, and Transport Services." The Appellants are Seeking Specific Relief. Appellants: Richard and Nancy Diemer. ACTION ITEMS: KODIAK ISLAND BOROUGH SCHOOL DISTRICT Board of Education Special Meeting — June 7, 2010 SUMMARY APPROVED: Motion to approve 2010/2011 certificated contracts to Scott Holmes — BA +0/2 in the amount of $48,011 plus $1,275 village stipend for 1.0 FTE secondary teacher at Akhiok School; Janine Guetterman — MA +0 /1 in the amount of $50,986 plus $1,275 village stipend for 1.0 FTE elementary teacher at Akhiok School; Kate Anthony — BA +18/0 in the amount of $45,462 for 1.0 FTE teacher at North Star Elementary School; and Mcagan Mickelson — BA+0/0 in the amount of $42,488 plus $1,275 village stipend for 1.0 FTE elementary teacher at Old Harbor School. APPROVED: Motion to adjourn. Subsequent to approval, Board of Education meeting minutes are posted on the District's website at www.kodiakschools.org. KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting o6.. iiktu ( ,)()1(� Please PRINT your name Please PRINT your name / X‹ KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting o6.. iiktu ( ,)()1(� Please PRINT your name Please PRINT your name BY: SECOND: W- BY: i ✓ ` SECOND: \ O BY: SECOND: e0 A" O BY:� SECOND: ,p, (� \if n die-Ad- �g l71 BY: �4/"` SECOND: of t t) pn (�L� I "tip YES NO YES NO YES NO YES NO YEB NO Ms. Branson ✓ Ms. Branson Ms. Branson V Ms. Branson ✓ Ms. Branson V / Mr. Friend v' Mr. Friend Mr. Friend V. Mr. Friend 4 Mr. Friend 1/ Ms. Fulp t/ Ms. Fulp Ms. Fulp 7 Ms. Fulp � ✓ V Ms. Fulp el- V Ms. Jeffrey ✓ Ms. Jeffrey Ms. Jeffrey ✓ Ms. Jeffrey t/ Ms. Jeffrey 7 Mr. Kaplan ✓ Mr. Kaplan Mr. Kaplan 1 7 Mr. Kaplan ✓ Mr. Kaplan Ms. Lynch ✓ Ms. Lynch Ms. Lynch ✓ Ms. Lynch ✓ Ms. Lynch Ms. Stutes V Ms. Stutes Ms. Stutes ✓ Ms. Stutes ✓ Ms. Stutes ' CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTES TOTAL: TOTAL: TOTAL: 0 TOTAL: 7 O TOTAL: 1/ 0 The mayor may not vote except in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. Mayor Selby 1/ Mayor Selby Mayor Selby Mayor Selby Mayor Selby Regular ✓ Special Convened: KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET I Date: Od ao �� ourned: 141 fle C': Regular JSpecial Convened: KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET (� jetk Date: O1Ib() o D a6 y', (Li "L Adjourned: 9 r �✓ l�Li BY: TI(( SECOND: OfifP BY: y o N WQ�� SECOND: A e " k " \v\ . S Ms. Branson Mr. Friend Ms. Fulp Ms. Jeffrey< Mr. Kaplan Ms. Lynch Ms. Stutes Mayor Selby YE NO Ms. Branson Mr. Friend Ms. Fulp Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes Mayor Selby YES NO BY: o SECOND: 1 Ms. Branson Mr. Friend Ms. Fulp Ms. Jeffrey Mr. Kaplan Ms. Lynch V' Ms. Stutes Mayor Selby CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF V \ TE? CHANGE OF VOTE? TOTAL: rI O TOTAL: rI [O TOTAL: 0 TOTAL: r �1 TOTAL: The mayor may not vote except in the case where only six members of the asserr bly are present and there is a hree / /thhree tie vote of the assembly. NO Ms. Branson Mr. Friend Ms. Fulp Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes Mayor Selby NO BY: SECOND: Ms. Branson Mr. Friend Ms. Fulp Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes Mayor Selby YES NO 1. INVOCATION Captain John Quinn of the Salvation Army. 2. PLEDGE OF ALLEGIANCE Kodiak Island Borough Assembly Regular Meeting Guidelines July 1, 2010, 7:30 p.m., Borough Assembly Chambers 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. Recommended motion: Move to excuse any Assembly member who is absent. 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. Summary of Consent Agenda Items: *Regular Meeting Minutes of May 20, 2010, and Special Meeting Minutes of June 1, 2010. Recommended motion: Move to approve the agenda and consent agenda. VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES A. *Regular Meeting Minutes of May 20, 2010, and Special Meeting Minutes of June 1, 2010. 6. AWARDS AND PRESENTATIONS • Government Finance Officers Association Distinguished Budget Presentation Award — Manager Gifford 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 9. PUBLIC HEARING — None. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR Kodiak Island Borough Assembly Guidelines July 1, 2010 Page 1 12. UNFINISHED BUSINESS — None. 13. NEW BUSINESS A. Contracts 1. Contract No. FY2007 -22A Amending Contract No. FY2007 -22 Kodiak Landfill Lateral Expansion Design and Construction Services. Recommended motion: Move to authorize the manager to execute Contract No. FY2007 -22A Amendment to Contract No. FY2007 -22 with CH2M Hill, Inc. of Anchorage, Alaska in the amount not to exceed $381,647. Staff report — Manager Gifford Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. B. Resolutions — None. C. Ordinances for Introduction — None. D. Other Items Mayor Selby will recess the regular meeting and convene the Board of Adjustment. Kodiak Island Borough Assembly Guidelines July 1, 2010 Page 2 BOARD OF ADJUSTMENT Adoption of Findings of Fact Affirming the Planning and Zoning Commission's Decision on Case No. 10 -013 of March 10, 2010, Overturning an Administrative Order Resulting in the Issuance of a Notice of Violation Regarding the Use of Lot 10, Block 1, Pasagshak Subdivision for a "Full- Service Lodge, Including Room Accommodations, Meals, Guiding, and Transport Services." The Appellants are Seeking Specific Relief. Appellants: Richard and Nancy Diemer. Mayor Selby announces that this is the continuation of the June 17, 2010, proceedings of the Board of Adjustment. It is NOT always necessary for you to convene into executive session. If you choose NOT to convene into executive session, please proceed to the recommended motion to adopt. The Board of Adjustment may convene into executive session for deliberation as a quasi - judicial function to reach a decision in an adjudicatory proceeding and to deliberate on any essential findings -of -fact. If an executive session is desired: Recommended motion: Move to convene into executive session for deliberation as a quasi - judicial board. ROLL CALL VOTE ON MOTION TO CONVENE INTO EXECUTIVE SESSION. (After the vote, Mayor Selby invites the Manager and Clerk's office staff to join in executive session and recesses the Board of Adjustment.) (Upon returning from the executive session, Mayor Selby reconvenes the Board of Adjustment.) Recommended motion: Move to adopt the findings of fact in support of the Board of Adjustment's decision to affirm in whole the Planning and Zoning Commission's Decision on Case No. 10 -013 of March 10, 2010, Overturning an Administrative Order Resulting in the Issuance of a Notice of Violation Regarding the Use of Lot 10, Block 1, Pasagshak Subdivision for a "Full- Service Lodge, Including Room Accommodations, Meals, Guiding, and Transport Services." The Appellants are Seeking Specific Relief. Appellants: Richard and Nancy Diemer. Please enumerate the findings of fact and conclusions. FINDINGS OF FACT • The Bakers acquired a zoning compliance and building permit for a single family dwelling in 2000 that identified their potential use of the structure as a B &B; • A zoning violation complaint was submitted to CDD staff on September 24, 2009, by Pasagshak resident Mr. Richard Diemer; • An investigation into the complaint resulted in the issuance of a Notice of Violation to discontinue the unlawful use (full service lodge, including guiding and transport services) of the land and structure was sent to the Bakers on November 18, 2009; Kodiak Island Borough Assembly Guidelines July 1, 2010 Page 3 • A written appeal of the Notice of Violation was made to the Planning and Zoning Commission by the Bakers on December 28, 2009; • The Bakers acquired a zoning compliance (change of use) permit to provide B &B services at their single family residence in Pasagshak on December 29, 2009; and • The Bakers acquired a zoning compliance permit for "fishing activities" when an owner occupied dwelling is present on the premises on December 29, 2009. Based on a February 26, 1986 definition of "Fishing Activities ", Mr. Baker is allowed to store his vessel and fishing equipment and conduct sport, subsistence, setnet fishing, and other commercial fishing activities from his Pasagshak lot. B &B Services • The Bakers have acquired the necessary borough permits to operate a Bed and Breakfast on their Pasagshak lot; • The definition of a B &B as found in KIBC 17.25.030 includes overnight accommodations and a morning meal to transients for compensation; and • This definition defines the minimum requirements of services offered at a B &B. Restricting meals offered at a B &B to just a morning meal does not make sense in a facility located out of town and away from other restaurants or places that provide meals. Requiring an alternative location away from the Bakers B &B to dine would require clients to drive a significant and unnecessary distance to dine elsewhere. Offering meals at other times of the day, including lunch and evening meals, is an acceptable service to offer. Home Occupation • Mr. Baker must reside at this Pasagshak residence when he operates his businesses; • Mr. Baker's Home occupation does not occupy more that 25% of the dwellings floor area; • Based on public testimony at the February 17, 2010, Planning and Zoning Commission meeting, the operation of the A River Inn and Fish Kodiak Adventures does not change the essential residential character of the Pasagshak neighborhood; and • It was clear that the neighborhood character of Pasagshak is one of "active recreation" of many types, conducted at many hours of the day. Fishing Activities • Based on the definition of "fishing activities" as defined in the 1986 Administrative Opinion, and in order to consistently apply this definition, Mr. Baker's charter boat activities is consistent with this definition; • Mr. Baker has acquired the necessary Borough Zoning Compliance permit to operate his charter boat business and thereby meets this standard; and • Mr. Baker must reside at this residence in order to meet the definition of fishing activities as required in KIBC 17.70.020 that requires an owner — occupied dwelling is present on the premises. Comprehensive Plan • Mr. Baker's activities are consistent with the adopted comprehensive plans and meet the zoning code requirements and standards for the RR1 zoning district; • The seasonal nature of Mr. Baker's activity is consistent with the low density development encouraged for the area; Kodiak Island Borough Assembly Guidelines July 1, 2010 Page 4 • Mr. Baker's operation of his B &B, fishing activities, and home occupation at this parcel is in keeping with the goals of the comprehensive plan that calls for retail /commercial activity be conducted as a home occupation; and • The activities of A River Inn and Kodiak Fish Adventures are permitted uses in the RR1- Rural Residential One zone and do not require a rezone to a commercial zoning district. Board of Adjustment discussion. ROLL CALL VOTE ON MOTION. After the vote, Mayor Selby please announce: Any person aggrieved by a final decision of the board of adjustment under this chapter may appeal that decision to the superior court within 30 days of the decision. An appeal to superior court shall be heard solely on the record before the board of adjustment or its hearing examiner and the commission. The appeal procedure shall be governed by the rules set forth in Part Six of the Rules of Appellate Procedure of the state of Alaska. The findings of the board of adjustment shall not be reversed if, in light of the whole record, they are supported by substantial evidence. Mayor Selby reconvenes the regular meeting. 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 The Borough offices will be closed on Monday, July 5, 2010, in observance of the Fourth of July holiday. The next Assembly work session will be held on Thursday, July 8, 2010, at 7:30 p.m. in the Borough Conference Room. The next regular meeting is scheduled on Thursday, July 15, 2010, at 7:30 p.m. in the Borough Assembly Chambers. 16. EXECUTIVE SESSION A. Borough Clerk's Performance Evaluation. Recommended motion: Move to convene into executive session to discuss the Borough Clerk's performance evaluation, a subject that qualifies for executive session as a matter that may tend to prejudice her reputation or character. ROLL CALL VOTE ON MOTION TO CONVENE INTO EXECUTIVE SESSION. Please invite the Assembly members and Clerk to join in executive session. After the vote, Mayor Selby recesses the regular meeting and convenes the executive session. Kodiak Island Borough Assembly Guidelines July 1, 2010 Page 5 Upon returning from the executive session, Mayor Selby reconvenes the regular meeting and announces no action is to be taken as a result of the executive session. Or, the Assembly may make a motion if necessary. ROLL CALL VOTE ON ANY MOTION. B. Borough Manager's Performance Evaluation. Recommended motion: Move to convene into executive session to discuss the Borough Manager's performance evaluation, a subject that qualifies for executive session as a matter that may tend to prejudice his reputation or character. ROLL CALL VOTE ON MOTION TO CONVENE INTO EXECUTIVE SESSION. Please invite the Assembly members and Manager to join in executive session. After the vote, Mayor Selby recesses the regular meeting and convenes the executive session. Upon returning from the executive session, Mayor Selby reconvenes the regular meeting and announces no action is to be taken as a result of the executive session. Or, the Assembly may make a motion if necessary . ROLL CALL VOTE ON ANY MOTION. 17. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines July 1, 2010 Page 6