2012-05-31 Special Meeting Kodiak Island Borough
Assembly Special Meeting Agenda
Thursday, May 31, 2012, 7:30 p.m.
Borough Conference Room
1. ROLL CALL
2. CITIZENS COMMENTS (Limited to Three Minutes per Speaker)
3. CONSIDERATION OF MATTER
S ,, II ,
�N THE CALL FOR THE SPECIAL MEETING
A. Resolution No. FY2012Approving the Village of Karluk and its Native Village
Council to Participate in the FY2013 Community Revenue Sharing Program.
B. Contract No. FY2012 -21 Landfill Lateral Expansion Phase II Construction Services.
4. ADJOURNMENT
•
This meeting was called by the Mayor.
Page 1 of 1
_ ' > KODIAK ISLAND BOROUGH
,r uao
AGENDA STATEMENT
SPECIAL MEETING OF: MAY X 31, 2012 ITEM NO.: 3.A
TITLE: Resolution No. FY2012- ji0pproving the Village of Karluk and Its Native Village
Council to Participate in the FY2012 Community Revenue Sharing Program.
ORIGINATOR: Finance Director
FISCAL IMPACT: ['Yes $ or ❑ No Funds Available ❑ Yes ❑ No
Account Number: Amount Budgeted:
ATTACHMENTS: Resolution FY2012 -30
APPROVAL FOR AGENDA:
6
SUMMARY STATEMENT:
This resolution identifies Karluk as an unincorporated community that meets the Community
Revenue Sharing Program eligibility criteria established under AS 29.60.865, AS 29.60.879 and
3 AAC 180.110.
Karluk has more than 25 residents and provides fire protection, emergency medical response,
water and sewer, solid waste management, and public road maintenance to its residents.
RECOMMENDED MOTION: Move to adopt Resolution No. FY2012 -%
3
Kodiak Island Borough Page 1 of 1
1 Introduced by: Borough Manager
Requested by: Karluk Community
2 Drafted by: Borough Manager
3 Introduced on: 05/31/2012
4 Adopted:
5
6 KODIAK ISLAND BOROUGH Ai
7 RESOLUTION NO. FY2012,36J $
8 /
9 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY
10 APPROVING THE VILLAGE OF KARLUK AND ITS NATIVE VILLAGE COUNCIL TO
11 PARTICIPATE IN THE FY2013 COMMUNITY REVENUE SHARING PROGRAM
12
13 WHEREAS, AS 29.60.865 and AAC 180.070 require the Borough Assembly to adopt a
14 resolution identifying those unincorporated communities located within its municipal
15 boundaries that meet the Community Revenue Sharing Program eligibility criteria established
16 under AS 29.60.865, AS 29.60.879, and 3 AAC 180.110; and
17
18 WHEREAS, Karluk has a Native Village Council that agrees to receive and spend the
19 Community Revenue Sharing payment for the public benefit; and
20
21 WHEREAS, Karluk has 25 or more residents residing as a social unit; and
22
23 WHEREAS, Karluk provides fire protection, emergency medical response, water and sewer,
24 solid waste management; and public road maintenance.
25
26 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND
27 BOROUGH THAT the Kodiak Island Borough, by this resolution, hereby certifies that the
28 Village of Karluk, through the Native Village Council, is eligible for funding under the FY2013
29 Community Revenue Sharing Program.
30
31 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
32 THIS DAY OF 2012
33
34
35 KODIAK ISLAND BOROUGH
36
37
38
39
40 ATTEST: Jerome M. Selby, Borough Mayor
41
42
43
44 Nova M. Javier, MMC, Borough Clerk
Kodiak Island Borough Resolution No. FY2012
Page 1 of 1
FY2013
Community Revenue Sharing
Program
APPI ,ICATION FORMS
Filing Deadline: June 1, 2012
State of Alaska
do Sean Parnell, Governor
0 ;„' ; .r Department of Commerce, Community,
"' _ - and Economic Development
' ` ‘ I f : t Susan Bell, Commissioner
"f
1-.. iii. Division of Community and Regional Affairs
qua' ut(}(4yP Aa
Scott Ruby, Director
t y STATE OF ALASKA
oz., DEPARTMENT OF
COMMERCE Stall n Panrrll, Governor
t t��'
a - .02. ir COMMUNITY A ND. Surat k. Bell Commiuioner
ECONOMIC DEVELOPMENT Seas 1Liby, Director
r /e.��,, Division of Community and. Regional Affairs
Dear Municipal Official:
The Division Community and Regional Affairs (DCRA) is pleased to provide you with the attached
FY 13 Community Revenue Sharing Program application. To participate in the FY 13'Community
Revenue Sharing - Program, this application must be completed and returned to the Department,
postmarkedno later than June 1, 2012.
The application consists' of three pages. Page one, or the cover sheet, provides several questions that must
be answered in order to determine whether the borough meets the minimum qualifications for funding as
required by law. Page one also provides a `certification and assurances" statement that must be signed by
the mayor, manager or administrator of the borough. Page two is a FY 13 Community Revenue Sharing
Program budget fortn. The budget form, which provides an estimate -ofthe borough's FY 13 Community
Revenue Sharing payment, must be completed and returned with the application cover sheet.
Page :three .is a sample resolution for use by the borough assembly to identify to the <DCRA the
unincorporated communities located within the borough it determines to be eligible for funding under the
FY 13 Community Revenue Sharing Program. We have attached the pertinent statutes and regulations to
assist the borough in making its eligibility determinations.
In addition to the completed application, each borough must submit to the DCRA a copy of its
approved FY 13 borough budget (2012 budget for boroughs operating on a calendar,fiscal year)
and FY 11 audit: Note: The budget and audit are not due by the June 1, 2012, application deadline.
They may besubmitted-ata later date.
The completed FY 13 Community Revenue Sharing application, FY 13 borough budget, and FY 1 I audit
should be submitted to:
Division of Community and Regional Affairs
Community Revenue Sharing Program
P.O. Box 110809
Juneau, AK 99811
Please be aware that funding for the Community Revenue Sharing Program may decline substantially in
future years irthe Legislature' decides not to appropriate additional monies into the: Community:. Revenue
Sharing Fund. For example, with no further appropriations, payments will decline by over 33% in FY 14,
55% in FY 15, and no funding will be available for distribution in FY 16.
Should you have any questions regarding the FY 13 Community Revenue Sharing Program. please feel
free to call me at 907=465 -4751,
Sincerely.
Lawrence Blood
Local Government Specialist IV
P.O. Box 110899, Juneau. Alaska 99843.0809
Telephone; (9117) 465 -4751 Fax: (907) 465 -4761 Text Telephone: (907) - 465.5437
Email :I..awrence. htoud(4alask4. gnv \ \ h ttp: I/ wlvu. commerce.ataska.gov /deia/
FY 2013
COMMUNITY REVENUE SHARING PROGRAM
APPLICATION COVER SHEET
Name of Municipality Date
Mailing Address Phone
City, State, Zip Code Fax
"Minimum Qualifications" Yes No Not
Applicable
a. Did your municipality successfully conduct its most recently scheduled
local regular election?
b. Are regular meetings of the governing body held in accordance with 111 I
local code and a record of the proceedings maintained?
c. Have your municipality's ordinances been codified?
d. If the municipality levies and collects property taxes, has the
municipality provided the Taxpayer Notice required by AS 29.45.020?
e. If the borough levies and collects only a sales and use tax, has the
borough provided the Taxpayer Notice required by AS 29.45.660?
"Certification and Assurances
The applicant certifies that to the best of my knowledge and belief, the information contained in this
application is true and correct and the applicant agrees to comply with the laws and regulations
which are used to administer Community Revenue Sharing Program funds.
Mayor, Manager or Administrator Mayor, Manager or Administrator
Printed Name Signature
FY 2013 COMMUNITY REVENUE SHARING
BUDGET FORM
Name of Municipality
Please describe below how your municipality proposes to use its estimated FY
2013 Community Revenue Sharing payment.
FUEL $
ELECTRICITY $
INSURANCE $
EDUCATION $
WATER /SEWER $
PUBLIC SAFETY $
FIRE $
ROAD MAINTENANCE $
HARBORS $
HEALTH $
LOCAL TAX RELIEF $
GENERAL ADMINISTRATION $
OTHER $
OTHER $
OTHER $
ESTIMATED PAYMENT $
RESOLUTION #
APPROVING UNINCORPORATED COMMUNITIES
FOR PARTICIPATION IN THE
FY 13 COMMUNITY REVENUE SHARING PROGRAM
A RESOLUTION APPROVING CERTAIN UNINCORPORATED COMMUNITIES AND THEIR
RESPECTIVE NATIVE VILLAGE COUNCIL AND /OR INCORPORATED NONPROFIT
ENTITY FOR PARTICIPATION IN THE FY 13 COMMUNITY REVENUE SHARING
PROGRAM.
WHEREAS, AS 29.60.865 and 3 AAC 180.070 require the assembly of a borough or unified
municipality to adopt a resolution identifying those unincorporated communities located within their
municipal boundaries that the assembly determines meet the Community Revenue Sharing Program
eligibility criteria established under AS 29.60.865, AS 29.60.879, and 3 AAC 180.110; and
WHEREAS, the unincorporated community has either a Native village council or incorporated
nonprofit entity that will agree to receive and spend the Community Revenue Sharing payment for
the public benefit of the unincorporated community; and
WHEREAS, the unincorporated community has 25 or more residents residing as a social unit; and
WHEREAS, at least three of the following services; fire protection, emergency medical, water and
sewer, solid waste management, public road or ice road maintenance, public health, and search and
rescue; are generally available to all residents of the unincorporated community and each of the three
services, in any combination, are provided by one or more qualifying Native village council or
incorporated nonprofit entity or are substantially paid for by the residents of the unincorporated
community through taxes, charges, or assessments levied or authorized by the borough or unified
municipality;
NOW THEREFORE BE IT RESOLVED THAT: The Assembly by this resolution hereby certifies
that the following unincorporated communities and their respective Native village council or
incorporated nonprofit entity are eligible for funding under the FY 13 Community Revenue Sharing
Program:
Unincorporated Community Native village council or nonprofit entity
PASSED AND APPROVED by a duly constituted quorum of the Assembly of the
this day of ,20
SIGNED:
(Mayor)
ATTEST:
(Clerk)
Eligibility Requirements for Unincorporated Communities
Located Within Boroughs and Unified Municipalities
Alaska Statutes AS 29.60.865 — .879, and
Alaska Administrative Code 3 AAC 180.070
Sec. 29.60.865. Eligibility requirements for reserves and communities.
(a) The department, with advice from the Department of Law, shall determine whether there
is in each community or reserve an incorporated nonprofit entity or a Native village council that
will agree to receive and spend the community revenue sharing payment. If there is more than
one qualified entity in a reserve or community in the unorganized borough, the department shall
pay the money to the entity that the department finds most qualified to receive and spend the
money on behalf of the reserve or community. The department may not make a community
revenue sharing payment to a Native village council unless the council waives immunity from
suit for claims arising out of activities of the council related to the payment. A waiver of
immunity from suit under this section must be on a form provided by the Department of Law. If
there is no qualified incorporated nonprofit entity or Native village council in a reserve or
community that is willing to receive the community revenue sharing payment and use the
payment on behalf of that reserve or community, the payment for that reserve or community may
not be paid. Neither this section nor any action taken under it enlarges or diminishes the
governmental authority or jurisdiction of a Native village council.
(b) The department may make a community revenue sharing payment on behalf of a
community in a borough or unified municipality only to the municipality for payment by the
municipality to an incorporated nonprofit entity or Native village council that has been approved
by the assembly and meets the requirements of (a) of this section. The department shall have
written evidence of the assembly approval. If there is more than one qualified entity in a
community in a borough or unified municipality, one of the entities may receive the entire
payment, or the payment may be shared between two or more of the qualified entities, as
determined by the assembly.
(c) A community in a borough or unified municipality is eligible for a community revenue
sharing payment only if at least three of the following services are generally available to all
residents of the community and each of the three services, in any combination, are provided by
one or more qualifying incorporated nonprofit entities or a Native village council or are
substantially paid for by the residents of the community through taxes, charges, or assessments
levied or authorized by the borough or unified municipality:
(1) fire protection;
(2) emergency medical;
(3) water and sewer;
(4) solid waste management;
(5) public road or ice road maintenance;
(6) public health;
(7) search and rescue.
Sec. 29.60.879. Definitions.
(1) "community" means a place in the unorganized borough, in a borough, or in a unified
municipality that is not incorporated as a municipality, that is not a reserve, and in which 25 or
more individuals reside as a social unit;
3 AAC 180.070. Standards for payment on behalf of communities located within boroughs
and unified municipalities
A borough or unified municipality shall submit to the division a resolution adopted by the
assembly that clearly identifies
(1) the communities it has determined meet the eligibility criteria under AS 29.60.865,
29.60.879, and 3 AAC 180.110; and
(2) the Native village council or incorporated nonprofit entity located within each community
listed under (I) of this section that it has approved as the recipient of the community revenue
sharing payment.
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
■ �.ws
,
SPECIAL MEETING OF: MAY 31, 2012 ITEM NO.: 3.B
TITLE: Contract No. FY2012 -21 Landfill Lateral Expansion Phase II Construction
Services.
ORIGINATOR: Engineering and Facilities Director
FISCAL IMPACT: ® Yes $8,105,000 or ❑ No Funds Available ® Yes ❑ No
Account Number: Amount Budgeted:
ATTACHMENTS: Contract FY2012 -21, Bid Tabulation
APPROVAL FOR AGENDAAA
SUMMARY STATEMENT:
Kodiak Island Borough code 3.16.020 "Limitation of Manager's Authority" states that a contract exceeding
$25,000 requires Assembly approval.
This contract is for the Kodiak Landfill Lateral Expansion Project, Phase II, Cell 1 Liner & Leachate
Systems and Stage 2 Closure of existing landfill as shown in the construction documents prepared by
CH2MHill, Inc. The Construction Documents, Bid Documents and associated Addenda are available for
review.
The current Landfill Closeout/Leachate Treatment project budget is $3,000,000. So far $2,794,322.03 has
been spent on this project. We will be adding the following items to the FY2013 proposed budget.
Loan from DEC $6,000,000
Sale of Bonds 3,000,000
Municipal Matching Grant 3,000,000
Legislative Grant 3,000,000
Total $15,000,000
This will bring the total budget for this project to $18,000,000. These changes will cover these expenses.
Bids were received in response to KIB's Invitation to Bid dated March 12, 2012. Two bids were opened on
April 13, 2012. After reviewing bids, staff determined that Brechan Enterprises, Inc. of Kodiak, Alaska is
the responsible bidder having submitted the lowest responsive bid. Bid tabulation is attached.
RECOMMENDED MOTION: Move to authorize the Manager to execute Contract No.
FY2012 -21 with Brechan Enterprises, Inc. of Kodiak, Alaska for Kodiak Landfill Lateral
Expansion Phase II, Cell 1 Liner and Leachate Systems, and Stage 2 Closure in an
amount not to exceed $8,105,000.
Kodiak Island Borough Page 1 of 1
Bid Tabulation Landfill Lateral Expansion Ph. II
Bid Opening: 4/13/12 3:00 PM
Bid Item A Bid Item B Total
No. GENERAL (A + B)
CONTRACTOR
1 Brechan Enterprises $ 5,999,500 $ 2,105,500 $ 8,105,000 8105000
% Of Est 130%
I 2 GMC Contracting $ 5,961,784 $ 3,019,557 $ 8,981,341
Diff (Low) $ (37,716) $ 914,057 $ 876,341
% Diff (Low) -0.63% 43.41% 10.81%
% Of Est 144%
I , Estimate $ 4,302,155 $ 1,921,775 $ 6,223,930
KODIAK ISLAND BOROUGH, ALASKA
CONSTRUCTION CONTRACT
Kodiak Landfill Lateral Expansion Phase II - 07013
PROJECT NAME AND NUMBER
This CONTRACT ( "Contract "), between the Kodiak Island Borough, Alaska, herein called the
Borough, acting by and through its Borough Manager, and
Brechan Enterprises, Inc.
Company Name
2705 Mill Bay Road, Kodiak, AK 99615
Company Address (Street or PO Box, City, State, Zip)
a/an n Individual nPartnership ❑Joint Venture Sole Proprietorship X Corporation
incorporated under the laws of the State of Alaska , its successors and assigns,
herein called the Contractor, is effective the date of the signature of the Borough Manager on this
document.
The Contractor, for and in consideration of the payment or payments herein specified and agreed
to by the Borough, hereby covenants and agrees to furnish and deliver all the materials and to do
and perform all the work and labor required in the construction of the above - referenced project
as bid by the Contractor, which bid and prices named, together with the Contract Documents (as
hereinafter defined) are made a part of this Contract and accepted as such. It is distinctly
understood and agreed that no claim for additional work or materials, done or furnished by the
Contractor and not specifically herein provided for, will be allowed by the Borough, nor shall the
Contractor do any work or furnish any material not covered by this Contract, unless such work or
materials is ordered in writing by the Borough. In no event shall the Borough be liable for any
materials furnished or used, or for any work or labor done, unless the materials, work, or labor
are required by the Contract or on written order furnished by the Borough. Any such work or
materials which may be done or furnished by the Contractor without written order first being
given shall be at the Contractor's own risk, cost, and expense and the Contractor hereby
covenants and agrees to make no claim for compensation for work or materials done or furnished
without such written order.
Total payment under this Contract shall not exceed _Eight Million One Hundred Five
Thousand dollars ($8,105,000.009 for all items. Payment for Lump Sum Items covers all
work in the Drawings and in the Specifications except Work paid for as Unit Price Work. The
Contractor has verified all quantities necessary to complete the Lump Sum Items.
The Contractor further covenants and agrees that all materials shall be furnished and delivered
Kodiak Island Borough Construction Contract
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civiLdoc
and all work and labor shall be done and performed, in every respect, to the satisfaction of the
Borough, on or before: September 30, 2013 or within _n/a calendar days following
the date of notice to proceed. It is expressly understood and agreed that in case of the failure on
the part of the Contractor, for any reason, except with the written consent of the Borough, to
complete the furnishing and delivery of materials and the doing and performance of the work
before the aforesaid date, the Borough shall have the right to deduct from any money due or
which may become due the Contractor, or if no money shall be due, the Borough shall have the
right to recover _actual damages dollars ($ ) per day for each
calendar day elapsing between the time stipulated for the completion and the actual date of
completion in accordance with the terms hereof; such deduction to be made, or sum to be
recovered, not as a penalty but as liquidated damages. Provided, however, that upon receipt of
written notice from the Contractor of the existence of causes over which the Contractor has no
control and which must delay furnishing of materials or the completion of the work, the
Contracting Officer may, at his or her discretion, extend the period specified for the furnishing of
materials or the completion of the work, and in such case the Contractor shall become liable for
liquidated damages for delays commencing from the date on which the extended period expires.
The bonds given by the Contractor in the sum of $8,105,000.00 Payment Bond, and
$8,105,000.00 Performance Bond, to secure the proper compliance with the terms and provisions
of this Contract, are submitted herewith and made a part hereof
The Contractor further covenants and agrees that the entire construction will be done under the
administration of and to the complete satisfaction of the Borough subject to the inspection at all
times and approval by any regulatory agency, and in accordance with the laws of the State of
Alaska and the Borough.
For purposes of this Contract, Contracting Officer means Rick Gifford or any
other person designated by the Borough Manager.
The Contractor is an independent contractor and not an employee or agent of the Borough.
Contract Documents shall have the meaning ascribed by the General Conditions of the
Construction Contract, and include but are not limited to this Contract, the General Conditions of
the Construction Contract, the Supplementary Conditions, and the following listed documents:
(1) Project Specifications ;(2) Project Drawings
Kodiak Island Borough Construction Contract
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IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms
and conditions.
CONTRACTOR
13r-cbmn F17i-erprises ) 1 - nr,
Com ny Name
L
St ure of Authorized Company Representative
Tames N. Graham, Vice Preeidev*
Typed Name and Title
5 -21 -12
Date
KODIAK ISLAND BOROUGH
Signature of Borough Manager
Rick Gifford
Typed Name
Date
Borough Clerk
(ATTEST)
Kodiak Island Borough Construction Contract
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Kodiak Island Borough
Assembly Special Meeting Guidelines
May 31, 2012, 7:30 p.m., Borough Conference Room
1. 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 Assembly member Austerman who is absent
due to personal reasons.
VOICE VOTE ON MOTION.
2. CITIZENS' COMMENTS (These are limited to three minutes per speaker.)
A. Agenda Items not scheduled for public hearing and general comments.
ASK SPEAKERS TO SIGN IN AND STATE THEIR NAME FOR THE RECORD.
3. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING
A. Resolution No. FY2012. 3 4 Approving the Village of Karluk and its Native Village Council
to Participate in the FY2013 Community Revenue Sharing Program.
Ai
Recommended motion: Move to adopt Resolution No. FY2012 -30"
Staff Report — Manager Gifford
Assembly discussion and amendments may be offered at this time.
ROLL CALL VOTE ON MAIN MOTION.
B. Contract No. FY2012 -21 Landfill Lateral Expansion Phase II Construction Services.
Recommended motion: Move to authorize the Manager to execute Contract No.
FY2012 -21 with Brechan Enterprises, Inc. of Kodiak, Alaska for Kodiak Landfill
Lateral Expansion Phase II, Cell 1 Liner and Leachate Systems, and Stage 2
Closure in an amount not to exceed $8,105,000.
Staff Report — Manager Gifford
Assembly discussion and amendments may be offered at this time.
ROLL CALL VOTE ON MAIN MOTION.
4. ADJOURNMENT
Recommended motion: Move to adjourn the meeting.
ROLL CALL VOTE ON MOTION.
Kodiak Island Borough Assembly Guidelines
May 31, 2012 Page 1
` .opt c.fce,,
KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET
Regular Special +/ Date: 4/4/A
Convened: 7'30 //chi Recessed: Reconvened: Adjourned:
BY: BY: <¢9264r,ti BY: -T 1k.Fik BY: WitfettAk, BY: j
SECOND: SECOND: SECOND: ye SECOND: ift,4,fr_ SECOND: . . c ,
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YES NO YES NO - YES NO YES NO YES NO
Ms. Austerman ✓ erman Ms. rman s. Austermen-
Mr. Bonney ✓ Mr. Bonney Mr. Bonne Mr. Bonney / Mr. Bonney
Mr. Friend Mr. Friend Mr. Friend ✓ Mr. Friend Mr. Friend /
Mr. Kaplan ‘V--. Mr. Kaplan Mr. Kaplan 1-/ n Mr. Kaplan t / Mr. Kapla '✓,-
Ms. Lynch ✓ Ms. Lynch Ms. Lynch ✓ Ms. Lynch ✓ Ms. Lynch
Mr. Stephens ✓ Mr. Stephens Mr. Stephens Mr. Stephens , i'Mr. Stephens
Ms. Stutes v----. Ms. Stutes Ms. Stutes Ms. Stutes 1 , v Ms. Stutes 1 �/
_ _ CHANGE OF VOTE? HANGE OF VOTE,. CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? 2 __
TOTAL: to / TOTAL: 1 TOTAL: w � TOTAL: s / TOTAL: 0
The mayor may of 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 Mayor Selby Mayor Selby Mayor Selby Mayor Selby
KODIAK ISLAND BOROUGH
WORK SESSION /0ECI4- &
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