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2022-11-03 Regular MeetingKodiak Island Borough Assembly Regular Meeting Agenda Assembly Chambers Thursday, November 3, 2022, 6:30 p.m. This meeting is open to the public and will be broadcast on KMXT 100.1 FM and on the Borough's YouTube Channel. Meeting packets are available onlin e. Please subscribe to get meeting notifications when meeting packets are published. Page 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. 5. *APPROVAL OF MINUTES A. Regular Meeting of October 20, 2022 Meeting Minutes 4 - 13 6. CITIZENS' COMMENTS 1-907-486-3231 or Toll Free 1-855-492-9202 Agenda items not scheduled for public hearing and general comments. 7. AWARDS AND PRESENTATIONS 8. COMMITTEE REPORTS 9. PUBLIC HEARING A. Ordinance No. FY2023-11 Determining That It Is In The Borough's Best Interests To Lease The Property At 717 E. Rezanof Drive Pursuant To A Competitive Request For Proposals Process Which Waives Certain Disposal Procedures Agenda Item Report - Pdf 14 - 46 B. Ordinance No. FY2023-02A An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Ordinance No. FY2023-02, Fiscal Year 2023 Budget, By Amending Budgets To Account For 47 - 55 Page 0 of 225 Various Revenues That Are Over Budget, Providing For Additional Expenditures, And Moving Funds Between Projects Agenda Item Report - Pdf 10. BOROUGH MANAGER’S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 13. CONSIDERATION OF CALENDAR - NEW BUSINESS A. Election Of The 2022-2023 Borough Assembly Deputy Presiding Officer Agenda Item Report - Pdf 56 - 57 13.A. CONTRACTS 1. Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Offices And Common Spaces In The KFRC Facility Agenda Item Report - Pdf 58 - 111 2. Contract No. FY2023-27 Completion Of The Peterson HVAC And Roof Replacement Project With Jensen Yorba Wall Agenda Item Report - Pdf 112 - 123 3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Rebel Strike, LLC. Agenda Item Report - Pdf 124 - 173 13.B. RESOLUTIONS 1. Resolution No. FY2022-15A Amending Resolution No. FY2022-15, A Resolution Of The Assembly Of The Kodiak Island Borough Approving The Annual 2022 Borough Calendar Agenda Item Report - Pdf 174 - 175 2. Resolution No. FY2023-16 Approving The Assembly Meeting Calendar For The Year 2023 Agenda Item Report - Pdf 176 - 180 13.C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Interests To Dispose Of The Larsen Bay School Property Located At 502 Third Street In Larsen Bay 181 - 215 Page 1 of 225 By Conveyance To The Village Of Larsen Bay With Conditions To Accommodate A Future School Location Agenda Item Report - Pdf 13.D. OTHER ITEMS 14. CITIZENS' COMMENTS 15. ASSEMBLY MEMBERS' COMMENTS 16. EXECUTIVE SESSION A. Assembly Discussion Of The Qualifications Of David Conrad To Serve As Borough Manager B. Discussion Of The Terms Upon Which To Extend An Offer Of Employment To A Potential Borough Manager 17. ADJOURNMENT 18. INFORMATIONAL MATERIALS 18.A. MINUTES OF OTHER MEETINGS 1. Planning and Zoning Commission Minutes Planning and Zoning Commission Minutes 216 - 219 2. Fire Protection Area No. 1 Board Minutes Fire Protection Area No.1 Board Minutes 220 - 225 18.B. REPORTS ___________________________________________________________________ This meeting is open to the public and will be broadcast on KMXT 100.1 FM and on the Borough's YouTube Channel. Meeting packets are available online. Please subscribe to get meeting notifications when meeting packets are published. For public comments, please call (907) 486-3231 or (855) 492-9202. Page 2 of 225 Kodiak Island Borough October 20, 2022 Assembly Regular Meeting Minutes Page 1 of 10 KODIAK ISLAND BOROUGH ASSEMBLY Assembly Regular Meeting October 20, 2022 A regular meeting of the Kodiak Island Borough Assembly was held on October 20, 2022, in the Borough Assembly Chambers. The meeting was called to order at 6:30 p.m. Staff present were Interim Borough Manager David Conrad, Borough Clerk Nova Javier, and Assistant Clerk Kristle Blanco. 1. INVOCATION The invocation was given by Major David Davis of the Salvation Army. 2. PLEDGE OF ALLEGIANCE Mayor Roberts led the Pledge of Allegiance. 3. STATEMENT OF LAND ACKNOWLEDGEMENT We are gathered on the traditional homeland of the Sugpiaq/Alutiiq people and we acknowledge the 10 tribes of the Kodiak Alutiiq Region. We recognize the Alutiiq culture that enriches our community to this day. 4. ROLL CALL Present were Mayor William Roberts, Assembly members Scott Arndt, Jared Griffin, Geoffrey Smith, Scott Smiley, James Turner, and Aimee Williams. 5. APPROVAL OF AGENDA AND CONSENT AGENDA ARNDT moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. ARNDT moved to suspend the rules of the Assembly to take action on Resolution No. FY2023-14 Ratifying And Certifying The Results Of The October 4, 2022, Regular Municipal Election under Item 8, Awards and Presentations. ROLL CALL VOTE ON MOTION TO SUSPEND THE RULES: Arndt, Griffin, Smiley, Smith, Turner, and Williams. 6. *APPROVAL OF MINUTES (Approved under consent agenda) 1. Special Meeting Minutes of September 29, 2022; Regular Meeting of October 6, 2022; Special Meeting of October 11, 2022; and Special Meeting of October 13, 2022. 7. CITIZENS' COMMENTS The following spoke under citizen’s comments: • Lisa Zeimer AGENDA ITEM #5.A. Regular Meeting of October 20, 2022 Page 4 of 224 Kodiak Island Borough October 20, 2022 Assembly Regular Meeting Minutes Page 2 of 10 8. AWARDS AND PRESENTATIONS A. Administration of Oath of Office to Newly Elected Officials Mayor Aimee Williams, Assembly Member Larry Ledoux, and Assembly Member Jared Griffin Borough Clerk, Nova M. Javier administered the oath of office to newly elected Mayor and Assembly Members and they will officially take office on Monday, October 24. Assembly member Delgado will be administered his oath of office upon his return from his leave. B. Presentation To Outgoing Mayor Bill Roberts Deputy Presiding Officer Williams presented a certificate to outgoing Mayor William Roberts. Mayor Bill Roberts served as the Borough Mayor from October 2019 to October 2022. The Kodiak Island Borough recognizes and thanks him for his service. C. Presentation To Outgoing Assembly Member Scott Arndt Deputy Presiding Officer Williams presented a certificate to outgoing Assembly member Arndt. Assembly member Scott Arndt has served multiple terms as a Borough Assemblymember. He was initially elected to the Assembly in October of 1980. The Kodiak Island Borough recognizes and thanks him for his service. 9. COMMITTEE REPORTS None. 10. PUBLIC HEARING A. Ordinance No. FY2023-09 Adopting Proposed Changes To The Kodiak Island Borough Salary Schedules TURNER moved to adopt Ordinance No. FY 2023-09 In June 2022, the assembly directed the manager to request proposals (RFP) for a compensation study. Although the compensation study was not approved, several members of the Assembly felt it was timely to adjust the current pay schedule for employees while they continue to explore potential salary study options. Staff was directed to evaluate the cost of shifting the current pay schedules over by two columns and the estimated annual cost is as follows: $ 150,304 Annual Gross Pay Increase from Current to Proposed 33,067 Annual Retirement Contribution Increase on Proposed Pay Increase AGENDA ITEM #5.A. Regular Meeting of October 20, 2022 Page 5 of 224 Kodiak Island Borough October 20, 2022 Assembly Regular Meeting Minutes Page 3 of 10 11,498 Annual Payroll Tax Increase on Proposed Pay Increase 4,509 Annual Worker's Comp. Insurance for Proposed Pay Increase $ 199,378 Total Estimated Annual First Year Cost for Proposed Pay Increase Attached to the ordinance are revised pay schedules for both bargaining unit positions and non-bargaining unit positions. Mayor Roberts closed the regular meeting and opened the public hearing. Hearing and seeing none, Mayor Roberts closed the public hearing and reconvened the regular meeting. ROLL CALL VOTE ON THE MOTION CARRIED FIVE TO ONE: Smiley, Smith, Turner, Williams, and Griffin (AYES); Arndt (NO). 11. BOROUGH MANAGER’S REPORT Interim Borough Manager Dave Conrad reported on the following: Information Technology Department Surplus Sale was successful and raised $790.00. The buyers were pleased, and the remaining unsold electronics were recycled at Thresholds. Thanks to the bidders and Thresholds for reuse and recycling. Bridge Investment Planning Grant Award – This morning he received an email originating with the AKDOT Statewide Hydraulics Engineer sharing the White House press for this grant award. The Kodiak Island Borough received $1,288,000 grant funding for the Sargent Creek and Russian River Bridges Planning Study. This grant application was submitted in cooperation with the State of Alaska Department of Transportation and the Alaska Municipal League (AML). Many thanks are due to our cooperators for their assistance in preparing a very short grant turn around submission. Staff is waiting for an announcement regarding application for grant funding from the Alaska Department of Homeland Security and Emergency Management for additional funding related to the hydrology analysis required for the previously referenced project in the Bells Flats area. PKIMC – He has signed and provided a Memorandum of Understanding to Providence at the request of Karl Hertz. The MOU documents the borough’s ongoing support for the Providence participation in the 340B Drug Program to cooperate with the local government to ensure that the provide commits to providing health care services to low-income individuals who are not entitled to Medicare and Medicaid benefits at no or considerably less than full reimbursement. There is no cost for the borough to be the cooperating government. This MOU has been in place for multiple years. Meetings are scheduled with PKIMC for October 26 to discuss priority capital projects. The acceptance of the Providence offer proposal to finalize the costs associated with AGENDA ITEM #5.A. Regular Meeting of October 20, 2022 Page 6 of 224 Kodiak Island Borough October 20, 2022 Assembly Regular Meeting Minutes Page 4 of 10 the two fuel spills on the hospital and Long-Term Care facility will be discussed and hopefully finalized. . KIBSD – The Peterson HVAC and Roof Replacement Project estimated cost was received yesterday from Jenson Yorba Wall. He will discuss the proposal on October 25 with the architect. The cost is approximately $70,000 for project design, development, and assembly of the bid ready package. In addition, a professional 95% cost analysis and services during construction will be provided. This will be reviewed and presented in November for consideration and approval. Staff began conversations with the district regarding the cooperative effort to replace the existing school warning lights at Eat Elementary on Rezanof and Benny Benson. He met today with Superintendent Mika regarding various topics. The condition and consideration of the condition of the pool, East Elementary Roof and Siding, Peterson HVAC, and Roof Replacement, Chiniak Well and Water System were some of the topics. The Main Elementary roof has been completed. Final inspection is pending. The East Elementary School parking lot patching has been completed. Assessing – KANA case – Working on follow up information after depositions. Attorney will be on island October 27 for additional depositions. December 12,13, 14 tentative trial dates. Assessing staff continues performing the required field work for the reassessment of properties within the City of Kodiak boundaries. Staff is updating and preparing for the distribution of the updated senior citizen and disabled veteran exemption applications and the personal property filing forms. Community Development - Meetings with staff to ensure customer service and the departments functionality during this recent transition have been completed. Staff are working on various permits and applications. Spruce Cape subdivision has been placed on hold by Dowl Engineering. Awaiting preliminary plat submission. Mill Bay Plaza is being reviewed for final plat and continuing. Finance – He worked with the Finance staff and applied for the second ARPA tranche of 1.26 million. Staff continues to monitor additional funding opportunities associated with the federal monies available. Staff wishes to thank all the property owners who paid the property tax by the October 17 due date. Thank you for your patience during the process. Engineering and Facilities – KRFC – Awaiting confirmation from GSA regarding the funding and acceptance of the AGENDA ITEM #5.A. Regular Meeting of October 20, 2022 Page 7 of 224 Kodiak Island Borough October 20, 2022 Assembly Regular Meeting Minutes Page 5 of 10 apparent low bidder for the Carpet Replacement Project at KFRC. Anticipate the award announcement the week of October 24. Upon written confirmation staff will request that these associated contracts are added to the agenda for approval. Bulldozer Procurement – Dozer rebuild continues. Service Area Contracts – Contract development are required for renewal and implementation. Landfill – Work is continuing at the site. Three more blasting events will occur prior to the end of October. Rock processing is continuing. Work will continue as the weather allows. An article has been published in the Kodiak Daily Mirror regarding the excess and illegal depositing of waste at the Dark Lake Dumpster site primarily. Thanks to the Kodiak Daily Mirror for noticing and cooperating with the staff to publish this article. This will be the start of an educational campaign to let the solid waste rate payers know that these actions will likely raise the cost of your garbage disposal rates. A presentation is being prepared and to discuss the excessive amounts of garbage, green waste, appliances, and large items being dumped illegally at the various dumpster sites. The effort for the staff to handle and transport these items to the landfill has become untenable and costly to the enterprise fund. Leachate Treatment Plant - Under slab piping has been installed and electrical conduit installation is progressing. Anticipate the contractor to pour the slab within the next two weeks. The slab will be protected for the winter and construction will resume in the Spring of 2023. Staff is preparing the documents for the request of low interest loans from the ADEC State Revolving Loan Questionnaire. This request will be for 4.45 million dollars. Larsen Bay School Property – Draft copies of the various documents have been received from the borough attorney. He will share the disposal documents with the assembly and Larsen Bay Tribal Council for review and comment. List of Pending Items for Discussion • Bayside Classroom Addition • Disposition of Closed School Facilities – Allowable Scope for Current Staff OSHA Voluntary Compliance Visit – Rescheduled for October • Continued update of the Personnel Manual ARPA Funding Reporting is continuing. • Grant Application and Local Match Funding – Approval for application prior to expending staff time. • Leases – Teen Court, Red Cross, Fairgrounds, KISA, Chiniak Library, Long Term Care Major Maintenance Funding for Facilities • Disposition of Mental Health Buildings – Information provided to the assembly Solid Waste Collection Contract Modifications • Service Area Contracts • Annual Contracts • Additional Methods to Reward Employees in Personnel Manual • Vehicle Replacement • Funding opportunities for road repairs and improvements. AGENDA ITEM #5.A. Regular Meeting of October 20, 2022 Page 8 of 224 Kodiak Island Borough October 20, 2022 Assembly Regular Meeting Minutes Page 6 of 10 12. MESSAGES FROM THE BOROUGH MAYOR Mayor Roberts expressed that tonight’s last meeting was bittersweet. He thanked all current and past assembly members. He said it has been a pleasure most of the time working with the assembly even at times when they butted heads. Mayor Roberts encouraged everyone to run for the assembly to help make a difference. He emphasized the importance to vote and that a vote makes a difference specially with recent election where two members had very thin margins. He also stated to not sit around and complain about the government if you are not willing to vote or run for office. He ended his message with one last sincere thank you to everyone and said he’ll see everyone around, hopefully not from the assembly dais. 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS – None. 14. CONSIDERATION OF CALENDAR - NEW BUSINESS 14.A. CONTRACTS – None. 14.B. RESOLUTIONS 1. Resolution No. FY2023-14 Ratifying And Certifying The Results Of The October 4, 2022, Regular Municipal Election ARNDT moved to adopt Resolution No. FY2023-14. The local regular municipal election was held on Tuesday, October 4, 2022. The Canvass Board met on October 12-13, 2022, and examine in detail all early voting, by-mail ballots, absentee ballot by mail, write ins, personal representative ballots, questioned ballots, and accountability reports from each of the precincts of the Kodiak Island Borough. At the completion of canvass, it was determined that the difference between two candidates for the three-year assembly race was within two percent or less; therefore, the Clerk initiated a recount. The Clerk also gave notice to the interested parties. With no objection from the interested parties, the Canvass Board was appointed as the Recount Board and conducted the recount of ballots in an open proceeding. Upon completion of the recount, the Recount Board certified and presented the attached results to the Assembly. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Griffin, Smiley, Smith, Turner, Williams, and Arndt. 14.C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2023-02A An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Ordinance No. FY2023-02, Fiscal Year 2023 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures, And Moving Funds Between Projects ARNDT moved to advance Ordinance No. FY2023-02A to public hearing at the next regular meeting of the Assembly on November 3, 2022. AGENDA ITEM #5.A. Regular Meeting of October 20, 2022 Page 9 of 224 Kodiak Island Borough October 20, 2022 Assembly Regular Meeting Minutes Page 7 of 10 10/13/22 REVISION During the 10/13/22 work session, a request was made to remove the Tourism Development budget adjustment because the financial information did not include the first quarter transient accommodation revenues which are not due until 10/30/22. Item will be addressed in future amendments. ORIGINAL AGENDA SUMMARY This ordinance presents the net changes for additional funding requests which occurred during the current fiscal year for items or circumstances not known or expected during the initial creation of the FY2023 Budget. Staff was asked to provide quarterly cost information for the receptionist position at the Kodiak Fisheries Research Center (KFRC) and make arrangements for transfers from the General Fund to fund the position. That position costs roughly $5,200 a month for 2 days a week. As of 9/26/22, the Tourism Development Fund has a current FY2023 deficit of $11,000. Funds (not including Capital Project Funds) Funds are accounts established to collect money that must be used for a specified purpose. The following funds are being changed with this budget amendment: Fund Additional Appropriation Transfer In/(Out) Current Cash Balance 100 - General Fund 10/13 Revision $0 ($TBD) $8,041,822 220 - Building & Grounds $0 ($45,000) $669,320 277 - Tourism Development 10/13 Revision $0 $TBD $69,501 Projects (within Capital Project Funds) Since most projects cover multiple years, the Borough does not create annual budgets for them. Instead, each project budget is developed when the project is originated. Throughout the life of a project, funds will cycle in and out of the perspective budgets due to continuous changes with the scope of work, expenses that are over and under original estimates, or funds remaining at project completion. The projects being amended by this budget amendment are: Capital Project Fund Project Name Increasing/(Decreasing) 415 Peterson Elementary Roof Replacement $45,000 455 Tsunami Siren Upgrades - 2020 ($105,041) ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Smith, Turner, Williams, Arndt, Griffin, and Smiley AGENDA ITEM #5.A. Regular Meeting of October 20, 2022 Page 10 of 224 Kodiak Island Borough October 20, 2022 Assembly Regular Meeting Minutes Page 8 of 10 2. Ordinance No. FY2023-11 Determining That It Is In The Borough's Best Interests To Lease The Property At 717 E. Rezanof Drive Pursuant To A Competitive Request For Proposals Process Which Waives Certain Disposal Procedures ARNDT moved to advance Ordinance No. FY2023-11 to public hearing at the next regular meeting of the Assembly on November 3, 2022. As directed, the staff and borough attorney have developed and presented for review an ordinance for the disposal by lease of the three buildings at 717 East Rezanof Street (former Mental Health Facilities). By affirmative action by the assembly, this ordinance will direct the staff to develop and advertise a Request For Proposal for the long-term lease of the facilities. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY: Turner, Williams, Arndt, Griffin, Smiley, Smith 14.D. OTHER ITEMS – None. 15. CITIZENS' COMMENTS The following spoke under citizen’s comments • Arlene (unintelligible last name) 16. ASSEMBLY MEMBERS’ COMMENTS • Assembly Member Griffin announced that the Brother Francis Shelter and Kodiak Womens Resource Crisis Center have resources for citizens that may be struggling with rent, bills, or emergency housing. He stated that Brother Francis Shelter received a really big grant to help with housing and encouraged citizens to reach out to those services during this winter. • Assembly Member Arndt thanked everyone and expressed that it has been a pleasure serving and working with the assembly. Thanked Aimee Williams for encouraging him to apply for her seat, which he will do. • Assembly Member Smith thanked Arndt for his service and knowledge and dedication. He said its admirable and thanked Arndt for serving the community. He also thanked Mayor Roberts for running for mayor at the time the world was changing. He was able to handle duties that came along with the changes. Smith appreciates all the time and commitment Mayor Roberts has given to the community. Smith expressed concern with dumpster problem on the island, said he walked his dog at Pillar Creek Beach and found a full size chest freezer at the bottom of the ravine. He expressed that these are not tourists throwing a freezer down a ravine, but these are our neighbors, and it’s completely unacceptable. All it takes is a drive to the landfill, it may cost a few dollars to rid the contaminants in it, but instead these contaminants are now sitting at the bottom of a ravine by a creek that goes to a salmon stream which impacts this community’s livelihood. He would like to see a change and stated this is an opportunity for community to hold each other accountable to keep our island beautiful. • Assembly Member Williams thanked clerk, her staff, and all election workers. She said election was a smooth process. Daughter voted for the first time and election workers clapped as she walked out of the voting booth. It was a fantastic AGENDA ITEM #5.A. Regular Meeting of October 20, 2022 Page 11 of 224 Kodiak Island Borough October 20, 2022 Assembly Regular Meeting Minutes Page 9 of 10 first-time experience that she will probably never forget in her life. Thanked Scott for his service on the assembly. Thanked Mayor Roberts for standing up for the community and borough’s needs during covid and for enduring that time. 17. EXECUTIVE SESSION 1. Discuss Interim Manager's Performance Review And Continuation Of Service ARNDT moved to enter into Executive Session to discuss Interim Manager David Conrad's performance review and continuation of service in accordance with the agreement dated July 14, 2022. This matter qualifies for executive session under KIBC 2.30.030 (F)(1)(c) for the purpose of discussing matters which may tend to prejudice the reputation or character of a person, who has been notified of the potential executive session and has waived the right to require the discussion take place in open session. Mr. David Conrad was offered the temporary position of Interim Manager and accepted for a ninety-day period with a discussion regarding performance and continuation due ten days prior to the expiration of the ninety-day period. The date of the agreement is July 14, 2022, and assumed to be retroactive to the dismissal of the prior manager, which was June 21, 2022. The discussion regarding the Interim Manager's performance and evaluation is past due. ROLL CALL VOTE ON MOTION: Williams, Arndt, Griffin, Smiley, Smith, and Turner ARNDT moved to invite the Mayor, Assembly members and Interim Borough Manager into executive session. VOICE VOTE ON MOTION. Mayor Roberts recessed the regular meeting and convened into executive session at 7:20 p.m. At 7:46 p.m. Mayor Roberts reconvened the regular meeting and announced that no action was taken as a result of the executive session. 2. Discuss Terms For Negotiating An Employment Contract For The Borough Manager ARNDT moved to convene in executive session to discuss the terms for negotiating an employment contract for the borough manager under the authority of KIBC 2.30.030(f)(1)(c) for the purpose of discussing matters which may tend to prejudice the reputation or character of a person, who has been notified of the potential executive session. ROLL CALL VOTE ON MOTION: Arndt, Griffin, Smiley, Smith, Turner, and Williams. AGENDA ITEM #5.A. Regular Meeting of October 20, 2022 Page 12 of 224 Kodiak Island Borough October 20, 2022 Assembly Regular Meeting Minutes Page 10 of 10 ARNDT moved to invite the Mayor and Assembly members into executive session. VOICE VOTE ON MOTION. Mayor Roberts recessed the regular meeting and convened into executive session at 7:48 p.m. At 8:12 p.m. Mayor Roberts reconvened the regular meeting and announced that no action was taken as a result of the executive session. 18. ADJOURNMENT ARNDT moved to adjourn the meeting at 8:13 p.m. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. KODIAK ISLAND BOROUGH ATTEST: Aimee Williams, Borough Mayor Nova M. Javier, Borough Clerk AGENDA ITEM #5.A. Regular Meeting of October 20, 2022 Page 13 of 224 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 3, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2023-11 Determining That It Is In The Borough's Best Interests To Lease The Property At 717 E. Rezanof Drive Pursuant To A Competitive Request For Proposals Process Which Waives Certain Disposal Procedures ORIGINATOR: Dave Conrad, Interim Borough Manager RECOMMENDATION: Move to adopt Ordinance No. FY2023-11. DISCUSSION: As directed, the staff and borough attorney have developed and presented for review an ordinance for the disposal by lease of the three buildings at 717 East Rezanof Street (former Mental Health Facilities). By affirmative action by the assembly, this ordinance will direct the staff to develop and advertise a Request For Proposal for the long term lease of the facilities. ALTERNATIVES: Decline the Ordinance as presented and provide alternate direction regarding the disposition of the facilities. FISCAL IMPACT: Fiscal impact will be determined by lease negotiation and cannot be projected at this time. OTHER INFORMATION: AGENDA ITEM #9.A. Ordinance No. FY2023-11 Determining That It Is In The Borough's Best Int...Page 14 of 224 Kodiak Island Borough, Alaska Ordinance No. FY2023-11 Page 1 of 4 Introduced by: Finance Director 1 Drafted by: Finance Director 2 Introduced on: 10/20/2022 3 Public Hearing Date: 11/03/2022 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2023-11 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH DETERMINING 10 THAT IT IS IN THE BOROUGH’S BEST INTERESTS TO LEASE THE PROPERTY AT 717 E. 11 REZANOF DRIVE PURSUANT TO A COMPETITIVE REQUEST FOR PROPOSALS PROCESS 12 WHICH WAIVES CERTAIN DISPOSAL PROCEDURES. 13 14 RECITALS 15 16 WHEREAS, the Kodiak Island Borough owns Lot 5A, Block 1, US Survey 2538A, Kodiak 17 Recording District, Third Judicial District, State of Alaska, which is an approximately 2.49 acre 18 parcel and includes the Borough project office at 720 Egan Way and an approximately 92,115 sq. 19 ft. portion of the parcel leased from 1997 until recently by the Sisters of Providence for the 20 Providence Kodiak Island Counseling Center; and, 21 22 WHEREAS, the structures previously leased by Sisters of Providence are old and in poor 23 condition. The structures are known to have asbestos containing materials and lead based paint 24 in some locations; and, 25 26 WHEREAS, the Sisters of Providence have vacated the property, and the Borough must 27 evaluate whether to destroy the buildings, to renovate the buildings for Borough use, or to dispose 28 of the property by lease or sale to a third party; and, 29 30 WHEREAS, the Borough Assembly finds that, apart from the Borough projects office, consisting 31 of an approximately 16,349 sq. ft. portion of the parcel, the Borough does not have a present use 32 for the parcel; and, that due to the costs to either demolish the buildings or to secure and maintain 33 the property and to remediate the asbestos and lead paint if the Borough were to retain it for 34 Borough use, disposal by lease to a party who will address these issues and provide revenue to 35 the Borough more advantageous to the residents of the Borough; and, 36 37 WHEREAS, the Borough has been contacted by multiple parties seeking to obtain rights to 38 lease the property at 717 E. Rezanof Drive for use for employee housing or other purposes 39 serving community needs; and, 40 41 WHEREAS, the Borough Assembly finds that it is in the Borough’s best interests to dispose of 42 a leasehold interest in the property at 717 E. Rezanof Drive under a competitive proposal process 43 to the party offering the proposal which most benefits the Borough; and, 44 45 WHEREAS, KIBC 18.40.030 authorizes leases for up to a fifty-five year term with the term 46 dependent upon the desirability of the proposed use, the amount of investment in improvements 47 proposed and made, the nature of the proposed improvement with respect to durability and time 48 required to amortize the investment. The Borough Assembly finds that it is in the Borough’s best 49 AGENDA ITEM #9.A. Ordinance No. FY2023-11 Determining That It Is In The Borough's Best Int...Page 15 of 224 Kodiak Island Borough, Alaska Ordinance No. FY2023-11 Page 2 of 4 interests to lease the property for a term of at least ten years with the duration of the term to 50 depend upon the proposal accepted; and, 51 52 WHEREAS, KIBC 18.20.020 permits the Borough to dispose of land in any manner not 53 prohibited by law, unless another provision of Title 18 of the KIB Code or another provision of law 54 establishes a specific mandatory procedure; and, 55 56 WHEREAS, KIBC 18.20.030 calls for Planning Commission review and recommendation prior 57 to approval of a disposal of an interest in land by the Borough; and, 58 59 WHEREAS, the Assembly finds that Planning Commission review of this proposed disposal of 60 an interest in land would not provide meaningful guidance where the land was previously under 61 a long term lease to a third party and would continue to be leased. Additionally, the Borough is 62 soliciting proposals which may have varied elements making evaluation of the proposed use by 63 the Planning Commission prior to the decision to dispose by lease impractical. Further, the 64 Assembly can refer the successful proposal to the Planning Commission review if the Assembly 65 determines that such review would be warranted. Therefore, it is in the Borough’s best interests 66 to dispose of a leasehold interest in the property at 717 E. Rezanof Drive without requiring 67 Planning Commission review under KIBC 18.20.030 prior to disposal; and, 68 69 WHEREAS, KIBC 18.20.050 calls for an ordinance and public vote ratifying the disposal if a 70 sale, lease or other permanent disposal of an interest in Borough land valued at over $1 million 71 to a single entity is to be accomplished by means other than an outcry auction; and, 72 73 WHEREAS, the Assembly finds that the deteriorated condition and presence of asbestos and 74 lead paint in the buildings on this parcel makes it difficult to determine an accurate market value; 75 that the value to the Borough is less than the market value when the lack of a current use and the 76 required remediation costs are taken into account; that it is in the Borough’s best interests to have 77 a clear determination as to whether the ratification requirement will apply to proposals received 78 for this disposal process; and, that disposal by competitive proposals is a competitive disposal 79 method similar to a disposal by outcry auction. Therefore, the Assembly finds that the ratification 80 requirement in KIBC 18.20.050 should be waived because the policies underlying that 81 requirement are adequately served here; and, 82 83 WHEREAS, KIBC 2.125.040 calls for the Architectural Review Board to review all architectural 84 and engineering proposals and design drawings for Borough owned buildings and publicly funded 85 projects; and, 86 87 WHEREAS, the Assembly finds that the Architectural Review Board review of design drawings 88 for Borough owned buildings and public projects under KIBC 2.125.040 was not intended to 89 include review of private party plans for redevelopment or remodel of leased Borough buildings 90 under a privately funded project, and that it is appropriate to clearly exempt the proposals for 91 leasehold improvements of the property from review by the Architectural Review Board. 92 93 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 94 BOROUGH THAT: 95 96 Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the 97 Kodiak Island Borough Code of Ordinances. 98 99 AGENDA ITEM #9.A. Ordinance No. FY2023-11 Determining That It Is In The Borough's Best Int...Page 16 of 224 Kodiak Island Borough, Alaska Ordinance No. FY2023-11 Page 3 of 4 Section 2: that the Borough Manager is directed to solicit proposals for the lease of an 100 approximately 92,115 square foot portion of Lot 5A, Block 1, US Survey 2538A, Kodiak Recording 101 District, Third Judicial District, State of Alaska, consisting of the land and structures formerly 102 leased by Sisters of Providence (the Property), which Property is depicted on the diagram 103 attached as Appendix 1 to this ordinance. 104 105 Section 3: that the lease of the Property authorized by this ordinance shall not be subject to 106 Planning Commission review and recommendation prior to disposal under KIBC 18.20.030. To 107 the extent that code section would apply it is superseded by this ordinance and will not apply to 108 the disposal by lease under this ordinance. 109 110 Section 4: that the lease of the Property authorized by this ordinance shall not be subject to 111 a requirement for ratification of the ordinance authorizing the disposal under KIBC 18.20.050. To 112 the extent that code section would apply it is superseded by this ordinance and will not apply to 113 the disposal by lease under this ordinance. 114 115 Section 5: that the redevelopment or remodel of the structures on the leased Property shall 116 not be subject to Architectural Review Board review of engineering proposals and design 117 drawings for Borough owned buildings under KIBC 2.125.040. To the extent that code section 118 would apply it is superseded by this ordinance and will not apply to the disposal by lease under 119 this ordinance. 120 121 Section 6: the procedure for disposal of a leasehold interest in the Property shall include 122 substantially the following steps: 123 124 A. The Borough shall solicit competitive proposals. 125 126 B. A committee selected by the Borough Manager shall score and rank the proposals 127 taking into consideration: 128 129 1. the capacity and resources of the respondent to accomplish the renovation 130 work and complete the project putting the Property into productive use; 131 132 2. the respondent’s familiarity with the Kodiak community and ability to 133 address community needs with the project; 134 135 3. the timeline and development plan for putting the Property back into 136 productive use and remedying conditions on the Property in an expedient manner; 137 138 4. the respondent’s commitment to provide local management and to be 139 responsive to community concerns; and, 140 141 5. the revenue to the Borough from the rental. 142 143 Such other factors as the Manager deems appropriate to include in the request for proposals: 144 145 AGENDA ITEM #9.A. Ordinance No. FY2023-11 Determining That It Is In The Borough's Best Int...Page 17 of 224 Kodiak Island Borough, Alaska Ordinance No. FY2023-11 Page 4 of 4 C. the Manager shall review the evaluation committee’s rankings, and may seek 146 additional information before making a recommendation to the Assembly for intent to award the 147 lease; and, 148 149 D. the Assembly shall have final approval of the award to the successful respondent. 150 151 Section 7: Among other requirements, the terms for the lease shall include: 152 153 A. the Property is leased AS IS; 154 155 B. renovation of the structures on the Property is at no expense to the Borough; 156 157 C. remediation of any dangerous conditions on the Property, including asbestos 158 containing materials and lead based paint as required by law; 159 160 D. defense and indemnification of the Borough from any claims or damages relating 161 to the tenant’s use of the Property; 162 163 E. maintenance of the Property throughout the lease term at the tenant’s expense, 164 leaving it in a condition at the end of the lease which does not pose a liability to or impose 165 significant costs on the Borough; and, 166 167 F. use of the Property will be only in compliance with the zoning code and any 168 applicable laws, and Assembly approval is required for a change in use from the proposed use. 169 170 Section 8: This ordinance shall become effective as provided in KIBC 1.10.040. 171 172 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 173 THIS ____ DAY OF _______________, 2022. 174 175 KODIAK ISLAND BOROUGH 176 ATTEST: 177 178 ___________________________ 179 Aimee Williams, Mayor ___________________________ 180 Nova Javier, Borough Clerk 181 VOTES: 182 Ayes: 183 Noes: 184 AGENDA ITEM #9.A. Ordinance No. FY2023-11 Determining That It Is In The Borough's Best Int...Page 18 of 224 LEASE AGREEMENT - Page 1 of 9 S\Kodiak Island Borough (20.230.A) Manager\Property Leasing\Mental Health Parcel\Lease Agreement APPENDIX 2 DRAFT LEASE AGREEMENT This Lease Agreement (Lease) is made effective as of ____________, 2022 (Effective Date), between the Kodiak Island Borough, a second class borough (Landlord) organized and existing under the laws of Alaska, whose address is 710 Mill Bay Road, Kodiak, Alaska 99615, and ___________________ (Tenant) whose address is ________________________, Kodiak, Alaska 99615, each a Party and collectively, the Parties. RECITALS A. Landlord owns certain real property located at 717 E Rezanof Drive, Kodiak, Alaska, herein referred to as the Property, which is more particularly described as: Lot 5A, Block 1, US Survey 2538A, Kodiak Recording District, Third Judicial District, State of Alaska. B. Tenant desires to use a portion of Landlord’s Property for the purpose of __________________________________. C. Landlord is willing to lease a designated portion of the Property to Tenant under the terms of this Lease. NOW, THEREFORE, it is hereby agreed as follows: 1.Leased Premises. Landlord leases to Tenant the following designated portion of the Property (Leased Premises): Lot 5A, Block 1, USS 2538A, excepting therefrom an approximatapproximateely 16,349 square foot portion retained by Landlord for use as Landlord’s projects office. The Leased Premises is depicted in the diagram attached as Exhibit AAppendix 1. 2.Authorized Uses. This Lease is issued for the following authorized uses: _____________________________________________________. Tenant shall be responsible for obtaining any permits and approvals required for this use. 3.Prohibited uses. Tenant shall not use, or permit the use of, the Leased Premises for any purpose other than the purpose or purposes for which the Leased Premises are leased. Tenant’s use shall also comply with and abide by all federal, state, borough, municipal and other governmental statutes, ordinances and regulations affecting the Leased Premises, the improvements or any activity or condition on or in the Leased Premises. Tenant shall not use the Leased Premises in a manner which generates excessive noise, vibration or visual blight. Tenant shall work cooperatively in good faith with Landlord to address any complaints of adverse off-site impacts. 4.Change in use. Any change in use must be approved by the Landlord. 5.Term. The initial term of this Lease is ten (10)____ years (Lease Term), commencing as of _______________________, 2022 (Commencement Date) with up to one additional ten (10)one _____ year extension (herein, Extension Term). The extension is subject to the conditions that: a) at the sole option of Tenant, so long as Tenant is not in violation of any terms or conditions as set forth in this Lease; b) Tenant (herein, Extension AGENDA ITEM #9.A. Ordinance No. FY2023-11 Determining That It Is In The Borough's Best Int...Page 19 of 224 LEASE AGREEMENT - Page 2 of 9 S\Kodiak Island Borough (20.230.A) Manager\Property Leasing\Mental Health Parcel\Lease Agreement Term)provides notice of intent to extend for the Extension Term at least 12 months prior to expiration of the original Lease Term; and, c) the Lease Rrate for the Extended Term shall be at the annual rate of 10% of the appraised fair market value of the land and improvement rights being leased, subject to adjustment at five year intervals in accordance with KIBC 18.40.080. The Extension Term shall be automatic unless: (a) Tenant notifies Landlord at least 30 days prior to the expiration of the then-current Lease Term of its intent not to renew this Lease, or (b) Landlord notifies Tenant in writing of a default, and Tenant fails to timely cure that default. At the conclusion of the original Lease Term or Extension Term, if any, this Lease shall terminate. 6.Rent. The rent for the Leased Premises will be: 1) the obligation of the Tenant to renovate, at Tenant’s own expense, the Leased Premises for Tenant’s use, including those asbestos containing materials on the Leased Premises that will be remediated or properly contained as required by law, and that any lead based paint will be removed or the risks addressed in a manner which complies with legal requirements and protects Landlord from potential liability to users and occupants; and, 2) a monthly rental payment of $______ per month during the Lease Term (first month prorated) and any Extension Term which shall be paid in equal monthly installments of not less than $_____________, with the first installment to be paid to Landlord on or before the 1st day of ________, 2022, to continue on the 1st day of each succeeding month thereafter during the Lease Term. Payment not received by the 10th day of the month will result in an additional 150% of the delinquent rental payment in additional to the rent due. Unless a separate rent escalation method is provided for, during the Lease Term thThe monthly rent payment will be adjusted every five (5) years based upon increases in the Consumer Price Index (CPI), Anchorage Area, since the last rental adjustment. Landlord shall give Tenant at least sixty (60) days’ notice prior to the effective date of a rent adjustment. During the Extended Term the monthly rental rate shall be adjusted at five yearfive-year intervals in accordance with KIBC 18.40.080. 7.Maintenance of the Leased Premises. The Parties’ responsibilities as to the maintenance of the Leased Premises during the Lease Term are as follows: a. Tenant. Tenant is responsible for maintaining the entire Leased Premises at Tenant’s own expense, which shall include, but not be limited to the maintenance, repair and replacement of the foundation, roof, exterior and interior walls, windows, doors, electrical, heating, plumbing, and mechanical systems, wastewater/sewage system and domestic water system, HVAC system, communication and security system, parking area (including snow removal), all of which shall be maintained in a clean, safe and satisfactory condition and repair. Landlord shall have no obligation to maintain, repair or reconstruct all or any portion of the Leased Premises during or for Tenant’s occupancy or to pay for or construct any improvements to the Leased Premises unless otherwise agreed to in writing by Landlord. b. Consent for Structural Alterations. No major remodeling or structural alterations of the Leased Premises may be undertaken without Tenant first having obtained Landlord’s written consent, which consent shall not be unreasonably withheld. c. Landlord Right of Inspection. Tenant is to make the Leased Premises available to Landlord, or Landlord’s agents, at reasonable times upon a minimum of 24 hours notice, in order to permit inspection concerning the condition and state of repair of the Leased Premises. AGENDA ITEM #9.A. Ordinance No. FY2023-11 Determining That It Is In The Borough's Best Int...Page 20 of 224 LEASE AGREEMENT - Page 3 of 9 S\Kodiak Island Borough (20.230.A) Manager\Property Leasing\Mental Health Parcel\Lease Agreement d. Clean Premises; Signage. Tenant is responsible for repair, replacement, maintenance, and keeping clean all door and window glass that are part of the Leased Premises. Tenant shall not display signs or advertisement posters on the exterior of the Leased Premises or ground area adjacent to the Leased Premises without the same being first approved in writing by Landlord. All signage approved by Landlord shall also be consistent with all applicable ordinances, codes, and regulations of the City of Kodiak and Kodiak Island Borough. 8.Condition of Premises. Tenant accepts the Leased Premises in its present condition on the basis of the Lease "AS IS" TOGETHER WITH ALL DEFECTS, WHETHER KNOWN OR UNKNOWN, AND WITH NO EXPRESS OR IMPLIED REPRESENTATIONS, STATEMENTS, OR WARRANTIES BY LANDLORD AS TO THE PHYSICAL CONDITIONS, QUALITY OF CONSTRUCTION, WORKMANSHIP, STATE OF REPAIR, OR FITNESS FOR ANY PARTICULAR PURPOSE, ALL OF WHICH ARE SPECIFICALLY DISCLAIMED BY LANDLORD. 9.Utilities. Tenant shall be solely responsible for and promptly pay all charges for gas, electricity, telephone service, or any other utility used or consumed by Tenant on the Leased Premises. 10.Changes and Improvements by Tenant. Those alternations or construction described in the Tenant’s Pproposed Uuse pPlan must be completed within ____ months of the Effective Date of this lLease signing. Tenant shall notify Landlord of the total renovation cost per facility within 30 days of possession of Certificate of Occupancy for each facility. Except for those alterations or that construction described in Tenant’s approved proposed use plan, Tenant shall not make any improvement, construction, alteration, or addition, and no modification in, on, or about the Leased Premises, including structural alterations to the walls or floors of any of Landlord’s permanent structures on the Leased Premises, without the prior written consent of Landlord being first had and obtained, which consent will not be unreasonably withheld. Any improvement, construction, alteration, addi- tion or modification to which Landlord consents shall be performed at Tenant’s sole cost and expense, unless otherwise agreed. Tenant shall keep the Leased Premises and the improvements constructed thereon free and clear of all liens and shall pay all costs for labor and material arising out of such construction and shall hold Landlord harmless from any cost, expense or liability therefore. In the event any permanent improvement, structures, alterations, fixtures or leasehold additions are erected or installed by Tenant, whether or not such were accomplished with the consent of Landlord, such shall become part of the realty, building or land upon or within which they are erected and shall become the property of, and title thereto shall vest in Landlord. 11.Hold Harmless. The use of the Leased Premises by Tenant, its officers, agents, members, employees, contractors, customers and guests shall be at its own risk. Tenant agrees it shall defend, indemnify and hold Landlord harmless from all claims, causes of action, judgment, liabilities, expenses, costs and attorney fees arising from any act, omission or neglect of Tenant, Tenant’'s agents or employees, or of any person permitted by Tenant to be upon or about the Leased Premises, as well as from all claims, causes of action, judgments, liabilities, expense, costs and attorney fees brought by or at the instance, or in the name of any governmental body, or any public authority in which it shall be attempted to subject Tenant or the Leased Premises, or any portion thereof, to any AGENDA ITEM #9.A. Ordinance No. FY2023-11 Determining That It Is In The Borough's Best Int...Page 21 of 224 LEASE AGREEMENT - Page 4 of 9 S\Kodiak Island Borough (20.230.A) Manager\Property Leasing\Mental Health Parcel\Lease Agreement damages, cost injunctions, restrictions or regulations, by reason of any claim that there shall have been any such act, omission, or neglect in any of the respects aforesaid. All claims of which Tenant has knowledge shall be promptly communicated to Landlord, and Tenant shall thereupon indemnify, defend and hold Landlord harmless therefrom. 12.Hazardous Wastes and Environmental Matters. Tenant shall not cause or permit any activities on the Leased Premises which directly or indirectly could result in the Leased Premises or any other property becoming contaminated with hazardous or toxic waste or substances, or which violates any municipal, state, or federal environmental law. For purposes of this Lease, the term “hazardous or toxic waste or substances” means any substance or material defined or designated as hazardous or toxic waste or substance, hazardous or toxic material or other similar terms by an applicable federal, state, or local statute, regulation, or ordinance now or hereafter in effect during the Lease Term. Tenant shall comply, at Tenant’s expense, with all statutes, regulations, and ordinances, which apply to Tenant or the Leased Premises, relating to use, collection, storage, removal or cleanup of hazardous or toxic waste or substances in or on the Leased Premises. Tenant shall indemnify and hold Landlord harmless from all costs including remediation and clean- up costs, penalties, fees, and reasonable attorney fees incurred by Landlord as a result of Tenant’s failure to comply with the provisions of this Section. The provisions of this Section shall survive the expiration or earlier termination of this Lease. 13.Insurance. a. Tenant shall secure and keep in force during the Lease Term adequate insurance to protect both Landlord and Tenant against comprehensive public liability and property damage: i. property damage arising from one occurrence in the amount of not less than the assessed value or $15,000,000.00, whichever is greater; and, ii. personal injury or death in an amount of not less than $1 5,000,000.00 per person and $15,000,000.00 per occurrence. b. All insurance required by this covenant must: i. name Landlord as an additional assured; ii. provide that Landlord be notified prior to any termination or cancellation in the insurance coverage; and, iii. include a waiver of subrogation by which the insurer waives all rights of subrogation against Landlord for payments made under the policy. c. The requirement of insurance coverage does not relieve Tenant of any other obligations under this Lease. d. 14.Holding Over. Subject to the Extension Term available to Tenant in Section 5 above, if Tenant holds over after the expiration of this Lease, the holding over will not operate as a renewal or extension of this Lease, but only creates a tenancy from month-to-month, Commented [SBE1]: Do we want to add a limit of $50,000 or some other number for deductible or self insured retention limits? AGENDA ITEM #9.A. Ordinance No. FY2023-11 Determining That It Is In The Borough's Best Int...Page 22 of 224 LEASE AGREEMENT - Page 5 of 9 S\Kodiak Island Borough (20.230.A) Manager\Property Leasing\Mental Health Parcel\Lease Agreement regardless of any rent payments accepted by Landlord. Tenant’s obligations for performance under this Lease will continue until the month-to-month tenancy is terminated by Landlord. Landlord may terminate the hold-over month-to-month tenancy at any time by giving Tenant at least 30 days’ prior written notice. 15.Assignment and Subletting. Tenant shall not assign or sublet the Leased Premises, or any part thereof, without the prior written consent of Landlord which consent shall not be unreasonably withheld. Any such attempted assignment or subletting without the prior written consent of Landlord shall be void and of no force or effect and may, at the option of Landlord, be deemed a material default and a basis for termination of this Lease. If an approved sublease is at a rate computed per square foot more than 10% over the lLease rate, tenant shall pay Landlord 50% of the difference between the Llease rate and the sublease rate. Any sublease must be subordinate to this lLease and provide the Landlord the option to assume the sublease or terminate the sublease upon 30 days notice in the event this lLease is terminated. 16.Damage or Destruction. If the Leased Premises or the improvements in which the Leased Premises are located are totally or partially destroyed, either Party may elect to terminate the Lease. In the event of such occurrence, the Lease shall terminate within ten (10) days of a Party’s receipt of written notice of the other Party’s election to terminate the Lease, thereupon terminating the Parties’ obligations under the Lease. Tenant agrees herein to assume the risk resulting in the loss of business, and damage and loss of property from fire, water, or other such insurable risk, regardless of whether such loss was caused or resulted, in whole or in part, from Landlord’s (its employees, agents, contractors, or invitees) negligence. In such event, Tenant shall vacate the Leased Premises at the soonest time, removing therefrom Tenant’s personal property. If Landlord elects to restore the damage incurred to the Leased Premises, Landlord shall not be required to restore any of Tenant’s personal property, such excluded items being the sole responsibility of Tenant to restore, regardless whether the loss or damage thereto was the result of Landlord’s negligence, in whole or in part. 17.Default by Tenant. Tenant’s default or breach of this Lease shall be deemed to have occurred in the event that one or more of the following conditions occur: a. Tenant shall fail to pay a monthly installment of rent or any other obligation hereunder involving the payment of money on the date the payment is due. It is understood that a payment owed by Tenant under this Lease must be actually received by Landlord on or before the date on which the payment is due. b. Tenant should fail to comply with any term, provision, or covenant of this Lease, other than as described in subsection a., above, and shall not cure such failure within thirty (30) days after written notice thereof to Tenant. c. Tenant should become insolvent, or shall make a transfer in fraud of creditors or shall make an assignment for the benefit of creditors. d. Tenant should file a petition under any section or chapter of the U.S. Bankruptcy Act, as amended, or under any similar law or statute of the United States or any state thereof, or Tenant or any guarantor of Tenant’s obligations under this Lease shall be AGENDA ITEM #9.A. Ordinance No. FY2023-11 Determining That It Is In The Borough's Best Int...Page 23 of 224 LEASE AGREEMENT - Page 6 of 9 S\Kodiak Island Borough (20.230.A) Manager\Property Leasing\Mental Health Parcel\Lease Agreement adjudged bankruptcy or insolvent in proceedings filed against Tenant or any guarantor of Tenant’s obligations under this Lease. e. A receiver or trustee shall be appointed for the Leased Premises or for all or substantially all of the assets of Tenant. 18.Surrender of Possession or Abandonment. Upon the termination or expiration of this Lease Term, or an extension thereof, Tenant agrees to surrender the Leased Premises free and clear of any and all liens and encumbrances, and in as good, safe, and clean condition and state of repair, equal to the condition of the Leased Premises on the date of receipt of a Certificate of Occupancy, subject only to reasonable wear and tear; remove, before relinquishing possession, Tenant’s personal property, not to include lighting fixtures, carpeting, doors, electrical outlets, wall coverings, moldings, heat and air conditioning units, telephone and alarm systems, if any. 19.Insolvency and Bankruptcy. Landlord may, at its option, without notice or demand upon Tenant, or upon any person or persons claiming by, through, or under Tenant, immediately cancel and terminate this Lease and terminate each, every, and all of the rights of Tenant, and of any and all persons claiming by, through, or under Tenant, in and to the Leased Premises, including the option to renew, if any, should any one of the following events occur: a. Tenant shall file a voluntary petition in bankruptcy or shall institute any proceedings of whatever kind or character under any bankruptcy or insolvency law in effect at the Commencement Date hereof or which may hereafter be enacted or become effective such that Landlord’s right to collect rent or enforce the provisions of this Lease is affected in any material degree. b. Tenant is declared to be insolvent by any court. c. Tenant makes an assignment, general or otherwise, for the benefit of creditors. d. A trustee or receiver is appointed to take possession of all or substantially all of Tenant’s assets where possession is not restored to Tenant within one hundred twenty (120) days. e. A taking of all or substantially all of Tenant’s assets pursuant to proceedings brought under the provisions of any Federal Reorganization Act or the Internal Revenue Code or regulations, and the failure of Tenant to secure the return of said assets within one hundred twenty (120) days from the date of taking of possession. f. A taking of the Leased Premises or all or substantially all of the assets of Tenant by virtue of any attachment, execution or the levy of any judicial process in any action instituted against Tenant in any court of competent jurisdiction and the failure of Tenant to secure the release of such attachment, execution or levy within one hundred twenty (120) days from the date of the taking of such possession. In the event of termination, Landlord shall have the right to retake possession and occupy the Leased Premises either with or without process of law or through any form of notice or proceedings, as well as the right to sue for and recover all rents and other sums AGENDA ITEM #9.A. Ordinance No. FY2023-11 Determining That It Is In The Borough's Best Int...Page 24 of 224 LEASE AGREEMENT - Page 7 of 9 S\Kodiak Island Borough (20.230.A) Manager\Property Leasing\Mental Health Parcel\Lease Agreement accrued up to the time of such termination, including damages arising out of any breach on the part of Tenant. 20.Disposition of Improvements. a. Within 30 days after the end of this Lease, improvements and personal property must be: i. removed by Tenant if required by Landlord; or, ii. abandoned on the Leased Premises. b. Landlord may grant additional time for the removal of improvements if hardship is established by Tenant. c. At the end of this Lease, Tenant must peaceably and quietly vacate the Leased Premises and return possession to Landlord. The Leased Premises must be left in a clean, neat and presentable condition, at least as good as existed at the date of a Certificate of Occupancy, normal wear and tear excepted. 21.Title. Title to any improvements or other property owned by Tenant which is not disposed of as set out above shall automatically vest in Landlord. 22.Condemnation. If the Leased Premises is condemned by any proper authority, the term of this Lease will end on the date Tenant is required to surrender possession of the Leased Premises. Landlord is entitled to all the condemnation proceeds. 23. Termination. Landlord may terminate this Lease and recover possession of the Leased Premises by giving Tenant 30 days’ prior written notice, upon failure of Tenant to perform any provision or covenant in this Lease that is not cured within the 30 day notice period. If such provision or covenant is not possible to perform within such 30 day cure period, Tenant shall not be in default under this Lease if it has promptly commenced and is diligently pursuing the cure thereof. The Parties may cancel this Lease by mutual agreement at any time. 24.Laws. Tenant will conduct all activities authorized by this Lease in compliance with all applicable federal, state, and local laws, including but not limited to matters of health, safety, sanitation, pollution and communications. 25.Disputes. In any disputes between the Parties, the laws of the State of Alaska will govern. Any lawsuit must be brought in the courts of the State of Alaska, Third Judicial District, sitting in Kodiak. Either Party may request a mediation of any unresolved dispute. Tenant agrees to notify Landlord of any claim, demand, or lawsuit arising out of Tenant’s occupation or use of the Leased Premises. Upon Landlord’s request, Tenant will reasonably cooperate and assist in the investigation and litigation of any claim, demand, or lawsuit affecting the Leased Premises. 26.Liens. Tenant shall keep the Leased Premises free of all liens, pay all costs for labor and materials arising out of any construction or improvements by Tenant on the Leased Premises, and hold Landlord harmless from liability for any liens, including costs and reasonable attorney fees related to Tenant’s activities. By this provision, Landlord does not recognize that it is in any way liable for any liens on the Leased Premises. AGENDA ITEM #9.A. Ordinance No. FY2023-11 Determining That It Is In The Borough's Best Int...Page 25 of 224 LEASE AGREEMENT - Page 8 of 9 S\Kodiak Island Borough (20.230.A) Manager\Property Leasing\Mental Health Parcel\Lease Agreement 27.No Waiver; Consents. The failure of a Party to insist upon the strict performance of any provision in this Lease may not be considered as a waiver or relinquishment of that provision for the future. The waiver of any provision or covenant in this Lease cannot be enforced or relied upon unless the waiver is in writing and executed by the Party waiving such provision. Whenever consent by one Party is required in this Lease, the granting of such consent in any one instance will not constitute continuing consent to subsequent instances where such consent is required. 28.Validity of Parts. If any provision of this Lease is declared to be invalid by a court of competent jurisdiction, the remaining covenants and provisions will continue in full force. 29.Natural Disasters. If any cause which occurs without the fault or negligence of either Party renders the Leased Premises permanently unusable, this Lease may be terminated by either Party upon 30 days’ written notice to the other, in accordance with Section 30 below. Causes include but are not restricted to acts of God or the public enemy, acts of the United States, fires, floods, epidemics, quarantine restrictions, or strikes. No Party shall be liable for any delay or failure in performance due to such events outside of the defaulting Party’s reasonable control. The obligations and rights of the excused Party shall be extended on a day- to-day basis for the time period equal to the period of the excusable delay. 30.Notices. Any notices to be given under this Lease by either Party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested, to the recipient at the address indicated below: Landlord: Kodiak Island Borough Attn: Borough Manager 710 Mill Bay Road Kodiak, Alaska 99615 Telephone: __________ Email: ______________ Tenant:___________________ ___________________ Kodiak, Alaska 99615 Telephone: __________ Email: ______________ 31.Inspection. Landlord reserves the right to enter any part of the Leased Premises, including buildings, for the purpose of inspection at any reasonable time upon a minimum 24 hours’ notice. Except in the case of an emergency, all inspections will be coordinated with Tenant in advance, in order to minimize interference with Tenant’s activities. 32.Quiet Enjoyment; Access. So long as Tenant is not in breach of this Lease, it shall have the right of quiet enjoyment of the Leased Premises for the Lease Term and all Extension Terms thereof, regardless of any sale, transfer, assignment or foreclosure of the Property. 33.Binding Agreement; Amendments; Counterparts. This Lease shall be binding upon each Party’s heirs, representatives, executors, successors and assigns. This AGENDA ITEM #9.A. Ordinance No. FY2023-11 Determining That It Is In The Borough's Best Int...Page 26 of 224 LEASE AGREEMENT - Page 9 of 9 S\Kodiak Island Borough (20.230.A) Manager\Property Leasing\Mental Health Parcel\Lease Agreement Lease may only be amended in writing, and such amendment shall be signed by authorized representatives of both Parties. The Parties may execute this Lease in counterparts, each of which shall be deemed an original, and both of which, collectively, taken together shall constitute one and the same Lease. Delivery of an executed counterpart by electronic transmission email or fax shall be as effective as physical delivery of an executed counterpart. LANDLORD: Kodiak Island Borough Date: ____________________ By: ______________________________________ Borough Manger TENANT: Date: ____________________ By: ______________________________________ Title: ____________________________________ AGENDA ITEM #9.A. Ordinance No. FY2023-11 Determining That It Is In The Borough's Best Int...Page 27 of 224 COVER SHEET SUBMITTAL DEADLINE: TIME: 3:00 p.m. DATE: October __, 2022 DELIVER PROPOSALS TO: Kodiak Island Borough Manager’s Office 710 Mill Bay Road Kodiak, Alaska 99615 ISSUE DATE: September ___, 2022 PROJECT: RENOVATION AND LEASE OFTHE PROPERTY REAL PROPERTY LEASE PROPOSALS SHALL BE SUBMITTED IN THE PROPER FORMAT AND MUST HAVE ORIGINAL SIGNATURES ON THE FORMS PROVIDED. PLEASE RETURN THIS ORIGINAL. MAKE A COPY FOR YOUR FILES. DATE OF PROPOSAL: BUSINESS LICENSE NUMBER: BUSINESS NAME: MAILING ADDRESS: PHYSICAL LOCATION: TELEPHONE NUMBER: EMAIL: BY: (Print Name) SIGNATURE: _____________________________________________________ AGENDA ITEM #9.A. Ordinance No. FY2023-11 Determining That It Is In The Borough's Best Int...Page 28 of 224 Page 2 of 19 KODIAK ISLAND BOROUGH REQUEST FOR PROPOSALS RENOVATION AND LEASE OF REAL PROPERTY AT 717 EAST REZANOF DRIVE, KODIAK ALASKA 99615 THIS IS NOT AN OFFER RELEASE DATE: September __, 2022 The Kodiak Island Borough (Borough) is soliciting sealed proposals (Proposal) from qualified entities to lease the Borough property identified as 717 East Rezanof Drive (Tthe Property) for a period of a minimum of ten (10) years for purposes beneficial to the community or which otherwise meet local needs; to renovate the structures in compliance with the building code requirements for the intended use; and, to obtain any permits, zoning approvals or variances required for the proposed lessee’s use. To receive the Request for Proposals (RFP), please contact: (907) 486-93__, Office of the Borough Manager, Kodiak Island Borough, 710 Mill Bay Road, Kodiak, Alaska 99615. Requests for the RFP package may be faxed to 907-486-______ or emailed to ________. The RFP documents will also be posted on the Borough’s website, http://www._____/. Even though the RFP documents are provided online, each firm must register with the Borough by sending an email to: dconrad@kodiakak.us. Proposals from unregistered Respondents will not be accepted. The required email must include: the firm name, address, telephone number and/or fax number. No faxed or oral proposals will be allowed. Mandatory Pre-Proposal Conference and Site Visit: To be considered responsive, Respondents must attend (in person) the Ppre-Pproposal Cconference and Ssite Vvisit at ____:____ p.m. on ___________ 2022 at _________________Kodiak, Alaska 99615. Proposal Submission Deadline: To be considered, a complete sealed Proposal package in the format requested must be received at the Office of the Borough Manager, 710 Mill Bay Road, Room 125, Kodiak, Alaska 99615 by 3:00 p.m. local time, October __, 2022. AGENDA ITEM #9.A. Ordinance No. FY2023-11 Determining That It Is In The Borough's Best Int...Page 29 of 224 Page 3 of 19 TABLE OF CONTENTS 1. Project Overview 1.1 Project Background…………………………………………………………….6 1.2 Goals for the Project …………………………………………………………..6 1.3 Respondent Qualifications ……………………………………………………7 1.4 Lease Terms……………………………………………………………………7 2. Selection Process …………………………………………………………………………8 3. Proposal Submission Requirements 3.1 Proposal Submission…………………………………………………………..8 3.2 Alternate Proposals ……………………………………………………………9 3.3 Fax or E-mail Submittal Not Acceptable ………………….…………………9 3.4 Withdrawal, Modification or Correction………………………………………9 3.5 Late Proposals …………………………………………………………………10 3.6 Responsibility to Keep Informed ……………………………………………..10 3.7 Prices …....................................................................................................10 3.8 Firm Offer …………………………………………………………..…………..10 3.9 Proposal Preparation Costs ………………………………………………….10 3.10 Right to Reject and Not Award..……………………………………………...10 3.11 Submittal Format Requirements..…………………….………………………10 3.12 Contract Negotiation..………………………………….………………………12 4. Selection Criteria ………………………………………………………………………….12____ 5. Notice of Intent to Award and Protests ……………………………………………….14 5.1 Notice of Intent to Award ……………………………………………………..14 5.2 Protest Period ………………………………………………………………….14 5.3 Protest Consideration …………………………………………………………14 Appendix 1__ ……………………………………………………………………..6___ Appendix 2__ ……………………………………………………………………..7___ Attachment A …………………………………………………………………..11___ Attachment B …………………………………………………………………..11___ AGENDA ITEM #9.A. Ordinance No. FY2023-11 Determining That It Is In The Borough's Best Int...Page 30 of 224 Page 4 of 19 KODIAK ISLAND BOROUGH REQUEST FOR PROPOSAL GENERAL INFORMATION TITLE:RENOVATION ANDTHE PROPERTY LEASE OF REAL PROPERTY CONTACT FOR QUESTIONS: Dave Conrad, Interim Borough Manager Telephone: (907) 486-93__ Email: dconrad@kodiakak.us INSTRUCTIONS FOR RESPONDENTS: SUBMIT PROPOSALS ONLY TO: Kodiak Island Borough Manager’s Office, Room 125 710 Mill Bay Road Kodiak, Alaska 99615 RFP SUBMITTAL DEADLINE: October __, 2022 at 3:00 p.m., local time NUMBER OF PACKETS One (1) original and four (4) copies of your TO BE SUBMITTED: complete and signed Proposal package along with an electronic version. Deliver Proposal original and copies (number specified above) only to the address above before the submittal deadline of October ___, 2022 (Submittal Deadline). Proposals received by the Manager’s Office after the Submittal Deadline will be returned to the Respondent upon receipt of written request or retained unopened in the pProposal file. QUESTIONS, OBJECTIONS, OR COMMENTS: Respondents are requested to carefully review this RFP, without delay, for defects and questionable or objectionable matter. Questions, objections, or comments should be made in writing and received by the question contact, below, no later than 10 calendar days prior to the Proposal Submittal Deadline, so that any necessary amendments may be published and distributed to Respondents to prevent the opening of a defective Proposal. Respondents’ protests based upon any omission or errors, or the content of the RFP, will be disallowed if not made known prior to the Proposal Submittal Deadline. Address all questions, objections, or comments to: Dave Conrad, Interim Borough Manager 710 Mill Bay Road Kodiak, Alaska 99615 Email: dconrad@kodiakak.us AGENDA ITEM #9.A. Ordinance No. FY2023-11 Determining That It Is In The Borough's Best Int...Page 31 of 224 Page 5 of 19 All interested persons who plan to submit a Proposal must register with the Borough by sending an email to the office below stating the company name, address, telephone number, and/or fax number. Dave Conrad, Interim Borough Manager Manager’s Office, Room 125 710 Mill Bay Road Kodiak, Alaska 99615 Telephone: (907) 486-93__ Email: dconrad@kodiakak.us A confirming email will be sent within one working day of registration. Potential Respondents who do not receive this confirmation should contact the Borough via phone (907-486-93__) to complete the registration process. The Borough assumes no responsibility for any interpretation or representations made by any of its officers, agents, or employees unless interpretations or representations are incorporated in a written amendment to the RFP. AGENDA ITEM #9.A. Ordinance No. FY2023-11 Determining That It Is In The Borough's Best Int...Page 32 of 224 Page 6 of 19 SECTION 1. PROJECT OVERVIEW 1.1 PROJECT BACKGROUND The Borough owns real property located at 717 Rezanof Drive, Lot 5A, Block 1, USS 2538A. This is a 2.49 acre parcel zoned PL (Public Use Lands District). This Pproperty contains structures built in 1968 including apartments and office spaces. The pProperty contains four buildings consisting of buildings 101 and 102, which contain apartment and office areas, a mechanical building, and the Borough projects office which fronts on Egan Way. The pProperty, apart from the Borough projects office structure and adjacent area, has been leased to Sisters of Providence in Washington for purposes of mental health services in connection with hospital operations since 1997. The Borough intends to retain approximately 160,000349 square feet of the pProperty for continued use of the Borough projects office portion, but the remainder of the pProperty and improvements (herein Leased Premises) are surplus to current Borough needs and will be offered for lease. Appendix 1 to this RFP shows the Leased Premises and the area to be retained by the Borough. Due to the lack of a Borough purpose, and considering their condition, if the entire real property is retained for Borough use, the structures on the Leased Premises may be demolished. However, the Borough has been contacted by multiple interested parties inquiring about leasing the Leased Premises due to a severe shortage of workforce housing in the community. The Borough is also aware that there may be other interested parties who have ideas for beneficial re-use of the Leased Premises. The Borough finds that it is in the public interest to offer the Leased Premises for lease under terms which ensure that the Borough is not exposed to potential liability, any dangerous conditions on the Leased Premises are corrected, the Leased Premises are used in a manner consistent with the applicable zoning and building code requirements, the Leased Premises are used in a manner which benefits the community or addresses community needs, and the proposed use is compatible with and will not be expected to substantially adversely impact surrounding uses. In response, the Borough is issuing this RFP to solicit Proposals for lease, renovation and use of the Leased Premises. The Pproperty contains some asbestos containing materials, and lead-based paint. A 2022 Phase I Environmental Site Assessment of the pProperty provides information as to the past uses and condition of the pProperty. A copy of the Phase I report is available from __________. 1.2 GOALS FOR THE PROJECT The Borough’s goals are: A. to secure a tenant for the Leased Premises which does not require the Borough to incur costs for renovation or demolition of the structures; AGENDA ITEM #9.A. Ordinance No. FY2023-11 Determining That It Is In The Borough's Best Int...Page 33 of 224 Page 7 of 19 B. that any dangerous conditions on the Leased Premises be corrected, including that asbestos containing materials will be remediated or properly contained as required by law, and that any lead-based paint will be removed or the risks addressed in a manner which complies with legal requirements and protects the Borough from potential liability to users and occupants. C. to protect the Borough and Borough taxpayers from potential liability for tenant’s use of the Leased Premises; D. that the tenant’s use of the Leased Premises is consistent with the applicable zoning and building code requirements; E. that the tenant’s use of the Leased Premises benefits the community or addresses community needs; F. that the proposed use is compatible with and will not be expected to substantially adversely impact surrounding uses; G. that the Borough not bear ongoing responsibility for managing or maintaining the Leased Premises; and, H. that at the end of the lease term the Leased Premises will be left in a condition which does not pose a liability to, or impose significant costs, on the Borough. 1.3 RESPONDENT QUALIFICATIONS A Respondent must demonstrate compliance with the mandatory qualifications (Mandatory Qualifications) in order to have its Proposal ranked. The Borough requires that a Respondent: A. be licensed to do business in Alaska; and, B. have or establish an office and representative in Kodiak. The Borough will also consider whether a Respondent: A.1.has sufficient experience and resources to conduct the work required to modify the Leased Premises for its proposed use in an expedient fashion and in compliance with legal requirements; B.2.will commit to maintain, throughout the lease term, a local manager with authority to make decisions with respect to the Leased Premises in order to timely address any noncompliance with lease terms or community concerns regarding adverse off-site impacts of the use; C.3.intends to use the Leased Premises for a purpose which addresses a public need in the community, such as workforce housing; and, AGENDA ITEM #9.A. Ordinance No. FY2023-11 Determining That It Is In The Borough's Best Int...Page 34 of 224 Page 8 of 19 D.4.demonstrates sufficient familiarity with or longstanding presence in the community to understand the community needs proposed to be served and community concerns relating to uses of the site. 1.4 LEASE TERMS A written lease will be prepared and signed with the successful Respondent. A draft lease template is appended as Appendix 2 to this RFP. The Proposal may set out a Respondent’s requested modifications to the terms of the draft lease. The Borough is inviting Respondents to identify their own uses and term for the lease. A minimum term of ten (10) years is expected to be needed to amortize the investment in renovation for the tenant’s purposes. A maximum term of twenty-five (250) years should be used for Proposals including any optional extensions. If Proposals do not include regular ongoing use and occupancy, then the Proposals must address security during periods the Leased Premises are not in active use. Proposals shall accept the Leased Premises in its “AS IS” condition. SECTION 2. SELECTION PROCESS Upon receipt of timely Proposals, an Evaluation Committee will review the Proposals and determine whether they are responsive. Proposals which meet the mMandatory Qqualifications listed in Section 1.3, A. and B. will be scored by the Evaluation Committee using the selection criteria, and the Evaluation Committee will make a recommendation to the Borough Manager regarding the Proposal which appears to be in the Borough’s best interests. The Borough Manager will review the Evaluation Committee’s recommendation, and may seek additional information. The Borough Manager will then present a final recommendation to the Borough Assembly for their consideration. Final action will be solely at the discretion of the Borough Assembly. The Borough reserves the right to cancel this RFP and will not be responsible to reimburse Respondents for any costs of preparation or submission of Proposals. The Borough intends to follow the schedule of activities described below during the procurement process. The Borough reserves the exclusive right to alter the schedule. Activity Date Release of RFP _______________ Submittal Deadline _______________ Notice of Intent to Award Final Selection _______________ _______________ SECTION 3. PROPOSAL SUBMISSION REQUIREMENTS 3.1 PROPOSAL SUBMISSION AGENDA ITEM #9.A. Ordinance No. FY2023-11 Determining That It Is In The Borough's Best Int...Page 35 of 224 Page 9 of 19 Each Respondent must submit its complete Proposal divided into two parts: Part One: Lease Proposal Component Part One consists of the Respondent’s Proposal for use of the Leased Premises and proposed lease terms. This Part One Proposal includes any modifications, uses to be permitted, timeline for implementation, Respondent’s qualifications and resources, and demonstration of Respondent’s understanding of the Borough objectives and familiarity with the community, weather and other local conditions. Part One must be signed and dated by a person who is authorized to bind the Respondent. Failure to properly sign and date the Proposal will be grounds for rejection. The Part One Proposal shall be in the format called for in this Section 3.1 and shall include all required contents. It shall be submitted in the following form: A. A completed Cover Sheet (page one of this RFP)(1) shall be the face document of each Part One Proposal. B. Submit four (4) complete and signed copies of your Part One Proposal package along with an electronic version. Neither the Borough nor its officers, agents, or employees shall be responsible for the premature opening of, or the failure to open, a Proposal not properly addressed and identified. Important note: The Part One Proposal and four copies of Part One Proposal must exclude all Cost Proposal information. Part Two: Cost Proposal Component Part Two consists of the monthly or annual rent the Respondent offers, including any proposed terms for increase for inflation or other periodic adjustments. Submit one set of the Part Two Cost Proposal component enclosed in a separate sealed envelope placed within the sealed envelope or box containing the Part One Proposal. Failure to include the Part Two Cost Proposal component in a separate sealed envelope inside the sealed envelope or box containing the Part One Proposal will be grounds for rejection. The Part One Proposal shall be in the format called for in Section 3.1 and shall include all required contents. It shall be submitted in the following form: A completed page one (1) shall be the face document of each Part One Proposal. Submit four (4) complete and signed copies of your Part One Proposal package along with an electronic version. Neither the Borough nor its officers, agents, or employees shall be responsible for the premature opening of, or the failure to open, a Proposal not properly addressed and identified. AGENDA ITEM #9.A. Ordinance No. FY2023-11 Determining That It Is In The Borough's Best Int...Page 36 of 224 Page 10 of 19 The Manager’s Office is located at 710 Mill Bay Road, Room 125, Kodiak, Alaska, and is open for business from 8:00 a.m. to 5:00 p.m., Monday through Friday. Acceptance of special delivery mail or parcels are not available Saturday, Sunday, or holidays. It shall be the responsibility of the Respondent to assure that its Proposal is delivered to the Manager’s Office prior to the Submittal Deadline. 3.2 ALTERNATE PROPOSALS Alternate Proposals will not be considered unless specifically requested and approved. 3.3 FAX OR EMAIL SUBMITTAL NOT ACCEPTABLE Fax or email submittal of a Proposal is not acceptable. 3.4 WITHDRAWAL, MODIFICATION, OR CORRECTION After submitting a Proposal, a Respondent may withdraw, modify, or correct its Proposal, providing the Manager’s Office receives the request for such withdrawal, modification, or correction before the time set for the Submittal Deadline. The original Proposal, as modified by such written communication, will be considered as the Proposal. No Respondent will be permitted to withdraw its Proposal after the time set for the Submittal Deadline. 3.5 LATE PROPOSALS Late Proposals are Proposals received after the time and date set for the Submittal Deadline. Proposals will be received during the period and at the place stated on the RFP Cover Sheet. It is the sole responsibility of the Respondent to see that its Proposal is submitted in time. Any Proposal received after the scheduled Submittal Deadline will not be considered, but will be held unopened in the file, unless other disposition is requested or agreed to by the Respondent. Other disposition will not take place until after the Notice of Intent to Award. 3.6 RESPONSIBILITY TO KEEP INFORMED It is the potential Respondent’s responsibility to keep informed. Failure to do so may result in a Proposal being declared non-responsive. 3.7 PRICES The Respondent shall state prices in terms of monthly or annual rent in U.S. funds. 3.8 FIRM OFFER Offers made in response to this RFP must be good and firm for a period of ninety (90) days from the date of the Submittal Deadline. 3.9 PROPOSAL PREPARATION COSTS The Borough is not liable for any costs incurred by the Respondent in Proposal preparation. The Borough shall not be liable for any cost incurred by any firm in response to this solicitation. AGENDA ITEM #9.A. Ordinance No. FY2023-11 Determining That It Is In The Borough's Best Int...Page 37 of 224 Page 11 of 19 3.10 RIGHT TO REJECT AND NOT AWARD The Evaluation Committee may accept or reject any and all Proposals. The Borough reserves the right to not award a Proposal, if it is in the Borough’'s best interest. 3.11 SUBMITTAL FORMAT REQUIREMENTS Respondents are advised that, notwithstanding any instructions or inferences elsewhere in this RFP, only the documents shown in this section need be submitted with and made part of their Proposal. Other documents may be required after the Submittal Deadline, but prior to Notice of Intent to Award. Respondents are advised that failure to submit the documents shown in this section and return the forms in the condition indicated SHALL RENDER THE PROPOSAL NON-RESPONSIVE. To achieve a uniform review process and obtain the maximum degree of comparability, Proposals will not be considered if the following documents and/or attachments are materially deficient or not provided in the condition indicated, and organized in the manner specified below: Title Page/Cover Sheet: Complete the first page of this RFP. Be sure all blanks are filled and accurate. Show the name of your firm, local address, telephone number, name of contact person and date. Signature must be original. Table of contents: Clearly identifies the material in your Proposal by section and page number. Acknowledgments: Use the form supplied in Attachment A. Signature must be original, and the acknowledgment form must be properly filled out. Part One Proposal: A narrative response should specifically and accurately address each criterion in the order listed in this RFP. Respondents are encouraged to limit the response to ten (10) pages and a font size no less than ten (10). Project and individual experience must be verifiable if requested by the Evaluation Committee. If references are provided, it is the responsibility of the Respondent to make certain that contact information is current. Criteria include: 1. The Respondent’s satisfaction of the mMandatory qualificationsQualifications.. 2. The Respondent’s experience with similar projects, capacity, and availability of resources to meet the commitments if awarded the lease. 3. The Respondent’s familiarity with the Kodiak community and demonstrated familiarity with community needs which would be addressed by the proposed use. 4. The Respondent’s proposed use, development plan, site plan if applicable, timeline for development and occupancy, steps required to implement the use, permits or other approvals required for Respondent’s use, and other attributes of Respondent’s intended use. 5. The compatibility of the proposed use with the surrounding area and any plan for mitigation of adverse off-site impacts. AGENDA ITEM #9.A. Ordinance No. FY2023-11 Determining That It Is In The Borough's Best Int...Page 38 of 224 Page 12 of 19 6. The Respondent’s requested lease term and conditions. 7. The Respondent’s ability to provide local management and timely address any noncompliance with lease terms or other community concerns arising from the use. Part Two Cost Proposal: For the Respondent’s proposed lease rate, use the form supplied in Attachment B, which must be provided with Part One Proposal in a separate sealed envelope. The envelope containing the Part Two Cost Proposal component must be clearly marked on the outside as follows: Erasures or other changes made to the Proposal must be initialed by the person signing the Proposal. “White Out” or other liquid correction methods must be initialed. All amendments that require acknowledgment shall be acknowledged in the space provided on a copy of Attachment A by original signature. Acknowledgment of amendments must be submitted prior to the Submittal Deadline. 3.12 CONTRACT NEGOTIATION The Borough intends to negotiate a lease agreement with the successful Respondent for consideration and approval by the Borough Assembly. The terms of the lease agreement will be a triple net lease substantially similar to Appendix 2, modified to be consistent with the accepted Proposal. SECTION 4. SELECTION CRITERIA The Evaluation Committee will review Proposals through evaluation of requirements defined as mandatory and as desirable (the Mandatory Qualifications). These requirements are intended to aid the Evaluation Committee in assessing a Respondent’s qualifications, the suitability of the proposed use, and the benefits to the Borough of the Proposal. Mandatory RequirementsQualifications 1. Be licensed to do Business in Alaska. 2. Have or establish an office and representative in Kodiak. PRICE-PROPOSAL COMPONENT FROM [NAME OF RESPONDENT] 717 EAST REZANOF DRIVE LEASE AGENDA ITEM #9.A. Ordinance No. FY2023-11 Determining That It Is In The Borough's Best Int...Page 39 of 224 Page 13 of 19 Other Criteria 1. The level of the Respondent’s experience and resources to conduct the work required to modify the Leased Premises for its proposed use in an expedient fashion and in compliance with legal requirements. 2. The Respondent’s: a. Compliance with legal limitations for the area (uses which do not require variances or conditional use will be rated higher). b. Suitability of the use and compatibility for the area either with or without special operating conditions. c. The proposed redevelopment plan including site plan desirability, timeline for any construction or remodel and occupancy. d. Proposed lease terms and conformity with Section 1.4 desired lease terms. 3. Degree to which the Proposal satisfies the Borough’s goals in Section 1.2. 4. The Respondent’s ability to provide local management and timely address any noncompliance with lease terms or other community concerns arising from the use. 5. The Respondent’s familiarity with the Kodiak community and demonstrated familiarity with community needs which would be addressed by the proposed use. The Evaluation Committee reserves the right to request additional information at any time prior to issuance of the Notice of Intent to Award. Failure to respond within a reasonable period will be deemed non-responsive. Proposals will be evaluated in a multi-stage process consisting of the following steps: •Initial review and determination of satisfaction of the Mmandatory requirementsQualifications. Respondents who fail to meet the Mandatory Qualifications mandatory criteria will not be further evaluated. •Evaluation and rating of desirable criteria. •Review and rating of the Cost Proposal. •Overall rating and final recommendation to Borough Manager for selection. The Evaluation Committee reserves the option to conduct oral interviews, in Kodiak, of firms. If oral interviews are conducted, firms will be re-rated. Scoring will be a maximum of 100 points broken down as follows: 1. Respondent experience and capacity: Maximum 20 points 2. Respondents Use: AGENDA ITEM #9.A. Ordinance No. FY2023-11 Determining That It Is In The Borough's Best Int...Page 40 of 224 Page 14 of 19 a. Compliance with legal limitations. Maximum 3 points b. Compatibility of use. Maximum 87 points c. Development plan. Maximum 5 points d. Conformity with desired lease terms. Maximum 75 points 3. Satisfaction of Borough’s goals. Maximum 25 points 4. Provision of local management. Maximum 5 points 5. Respondent’s familiarity and need satisfaction. Maximum 15 points 6. Cost Proposal (see below for calculation). Maximum 15 points Total: 100 points Cost Proposals will be evaluated as follows: Respondent’s Total Rent Proposed Annual Rent Paid for an initial ten year term (without periodic adjustment) X 15 = Cost Score Highest Annual Total Rent Proposed for an initial ten yearten year term(without periodic adjustment) For purposes of comparison and determination of Ttotal rRent Pproposed, rent proposals which propose a flat monthly or annual rate and dno not include a proposed escalation rate during the initial ten year term will be presumed to include a CPI based adjustment at five years assuming an annual CPI increase of 3%, resulting in a 15% increase in the rental rate after five years. The firm with the highest total point scores (maximum 100 points) will be recommended to the Borough Manager for selection. Confidentiality of Proposals. Proposal contents and tabulation of ratings shall remain confidential until a Notice of Intent to Award is issued. After a Notice of Intent to Award is issued Respondents may, upon request, receive copies of the tabulation summary and Proposals received and evaluated. SECTION 5. NOTICE OF INTENT TO AWARD AND PROTESTS 5.1 NOTICE OF INTENT TO AWARD The Borough Manager will issue a Notice of Intent to Award to the successful Respondent. 5.2 PROTEST PERIOD An aggrieved Respondent may file a protest of the proposed award within ten (10) calendar days after the Notice of Intent to Award the lease is mailed. A protest may be made by delivery of a letter of protest to the Borough Manager’s Office. The appeal must include the name of the person submitting the protest, the name of the Respondent represented by that person, and a detailed explanation of the reasons for the protest. Protests will only be accepted based on error in process. The aggrieved Respondent must serve all other Respondents with notice of its protest. Failure to give written notice of protest to the Borough as provided herein constitutes a waiver by the aggrieved Respondent of any objections to the Notice of Intent to Award. 5.3 PROTEST CONSIDERATION Commented [EMB1]: Equals 103 AGENDA ITEM #9.A. Ordinance No. FY2023-11 Determining That It Is In The Borough's Best Int...Page 41 of 224 Page 15 of 19 If/when a protest is received, an administrative review process will begin. The protestor can expect a final administrative decision by the Borough Manager within thirty (30) working days of the receipt of protest. The Borough Manager’s decision on the protest is the final administrative decision. AGENDA ITEM #9.A. Ordinance No. FY2023-11 Determining That It Is In The Borough's Best Int...Page 42 of 224 Page 16 of 19 ATTACHMENT A ACKNOWLEDGEMENT FORM ACKNOWLEDGMENT I certify that I am a duly authorized representative of the firm listed below and that information and materials enclosed with this Proposal accurately represent the capabilities of the firm listed below for satisfying the requirements of the RFP. The Borough is hereby authorized to request any owner identified in this Proposal to furnish any pertinent information deemed necessary to verify information provided or regarding reputation and capabilities of the firm. AMENDMENTS The Respondent represents to the Borough that it has relied upon no oral representations from the Borough in the preparation of this Proposal. If any amendments are issued to this RFP, the Respondent must acknowledge the receipt of such amendments in the space provided on the line below or by signing the amendment and submitting it before the Submittal Deadline, unless the amendment states otherwise. Proposals which fail to acknowledge receipt of amendments shall be considered non-responsive and will not be evaluated. Amendment Acknowledgment Number(s) Acknowledgment sheet must be manually (original signature) signed. A Proposal shall be rejected when the Proposal is not signed by hand. ORIGINAL SIGNATURE _____________________________________ Office address for which this Signature of Representative submittal is made: Date:_________________________________ Street:______________________________ Name:________________________________ Post Office Box:______________________ Title:_________________________________ City, State, Zip:_______________________ Firm:_________________________________ Telephone:__________________________ Type of Firm (check one) Alaska Business License No.______________ ____ Individual (Sole Proprietor)____ Partnership ____ LLC or Corporation in the State of: ____ Other (Specify): AGENDA ITEM #9.A. Ordinance No. FY2023-11 Determining That It Is In The Borough's Best Int...Page 43 of 224 Page 17 of 19 ATTACHMENT B COST PROPOSAL Proposed lease payment as an annual amount $ ______________________ Proposed monthly lease payment, if paid monthly $ ______________________ Acknowledgment sheet must be signed. ORIGINAL SIGNATURE _____________________________________ Office address for which this Signature of Representative submittal is made: Date:_________________________________ Street:______________________________ Name:________________________________ Post Office Box:______________________ Title:_________________________________ City, State, Zip:_______________________ Firm:_________________________________ Telephone:__________________________ AGENDA ITEM #9.A. Ordinance No. FY2023-11 Determining That It Is In The Borough's Best Int...Page 44 of 224 Page 18 of 19 RENOVATION AND LEASE OF THE PROPERTY REAL PROPERTY 1. Award of Project. The Borough shall have the right to reject this Proposal and such Proposal shall remain open and may not be withdrawn for a period of ninetysixty (690) days after the date prescribed for its closingSubmittal Deadline. 2. Notice of Acceptance. Notice of acceptance and award of the project or requests for additional information may be addressed to the undersigned Respondent at the business address set forth in this Proposal. 3. Respondent Certification. By signature on this Proposal documentation, the undersigned Respondent certifies that: a. the Respondent will comply will all insurance requirements in the lease agreement entered into pursuant to this RFP; b. the Respondent will comply with all applicable local, state, and federal laws, including but not limited to, wage and hour laws and non-discrimination laws; c. the Respondent will comply with all terms and conditions set out in this RFP; d. the Respondent’s Proposal was independently arrived at, without collusion, under penalty of perjury; and, e. the Proposal will remain open and valid for at least 690 days from the Submittal Deadline of the RFP. 4. Receipt of Amendmentddenda. Receipt of the following amendmentAddenda to the RFP Documents is hereby acknowledged. AGENDA ITEM #9.A. Ordinance No. FY2023-11 Determining That It Is In The Borough's Best Int...Page 45 of 224 Page 19 of 19 DATE OF RECEIPT AMENDMENTDDENDA NO. OF ADDENDAAMENDMENT SIGNED ACKNOWLEDGMENT 1. _________________ ___________________________________ 2. _________________ ___________________________________ 3. _________________ ___________________________________ (Note: Failure to acknowledge receipt of any addenda amendment will be considered an irregularity and will result in rejection of the Proposal.) AGENDA ITEM #9.A. Ordinance No. FY2023-11 Determining That It Is In The Borough's Best Int...Page 46 of 224 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 3, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2023-02A An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Ordinance No. FY2023-02, Fiscal Year 2023 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures, And Moving Funds Between Projects ORIGINATOR: Dria Bray-Holloway, General Accountant RECOMMENDATION: Move to adopt Ordinance No. FY2023-02A. DISCUSSION: 10/13/22 REVISION During the 10/13/22 work session, a request was made to remove the Tourism Development budget adjustment because the financial information did not include the first quarter transient accommodation revenues which are not due until 10/30/22. Item will be addressed in future amendments. ORIGINAL VERSION This ordinance presents the net changes for additional funding requests which occurred during the current fiscal year for items or circumstances not known or expected during the initial creation of the FY2023 Budget. Staff was asked to provide quarterly cost information for the receptionist position at the Kodiak Fisheries Research Center (KFRC) and make arrangements for transfers from the General Fund to fund the position. That position costs roughly $5,200 a month for 2 days a week. As of 9/26/22, the Tourism Development Fund has a current FY2023 deficit of $11,000. Funds (not including Capital Project Funds) Funds are accounts established to collect money that must be used for a specified purpose. The following funds are being changed with this budget amendment: Fund Additional Appropriation Transfer In/(Out) Current Cash Balance 100 - General Fund 10/13 Revision $0 ($TBD) $8,041,822 220 - Building & Grounds $0 ($45,000) $669,320 277 - Tourism Development 10/13 Revision $0 $TBD $69,501 AGENDA ITEM #9.B. Ordinance No. FY2023-02A An Ordinance Of The Assembly Of The Kodiak Isla...Page 47 of 224 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 3, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough Projects (within Capital Project Funds) Since most projects cover multiple years, the Borough does not create annual budgets for them. Instead, each project budget is developed when the project is originated. Throughout the life of a project, funds will cycle in and out of the perspective budgets due to continuous changes with the scope of work, expenses that are over and under original estimates, or funds remaining at project completion. The projects being amended by this budget amendment are: Capital Project Fund Project Name Increasing/(Decreasing) 415 Peterson Elementary Roof Replacement $45,000 455 Tsunami Siren Upgrades - 2020 ($105,041) ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #9.B. Ordinance No. FY2023-02A An Ordinance Of The Assembly Of The Kodiak Isla...Page 48 of 224 Kodiak Island Borough, Alaska Ordinance No. FY2023-02A Page 1 of 2 Introduced by: Finance Department thru the Mayor 1 Drafted by: Finance Director 2 Introduced on: 10/20/2022 3 Public Hearing Date:11/03/2022 4 Adopted on: 5 KODIAK ISLAND BOROUGH 6 ORDINANCE NO. FY2023-02A 7 8 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING 9 ORDINANCE NO. FY2023-02, FISCAL YEAR 2023 BUDGET, BY AMENDING BUDGETS TO 10 ACCOUNT FOR VARIOUS REVENUES THAT ARE OVER BUDGET, PROVIDING FOR 11 ADDITIONAL EXPENDITURES, AND MOVING FUNDS BETWEEN PROJECTS 12 13 WHEREAS, staff requests a budget increase of $36,588 for the General Fund, Non-Profit 14 Kodiak Colleges and Libraries line item; and 15 16 WHEREAS, staff requests a budget increase of $24,430 for the General Fund, Animal Control 17 department per the Animal Control Contract No. FY2023-01; and 18 19 WHEREAS, staff requests a transfer of $45,000 from the Building and Grounds Fund to the 20 Peterson Elementary Roof Replacement Capital project; and 21 22 WHEREAS, staff requests to return $105,041 of unexpended money from the Tsunami Siren 23 Upgrades project to the Renewal and Replacement fund. 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 26 BOROUGH THAT: 27 28 Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the 29 Kodiak Island Borough Code of Ordinances. 30 31 Section 2: The following budget amendments are made and supplemental appropriations are 32 approved: 33 34 Additional Appropriations: 35 Fund – Department/Project # Amount of Budget Increase & Additional Appropriation 100-191 General Fund: Non-Profit Kodiak Colleges & Libraries $36,588 100 – General Fund Contingency ($36,588) 100-186 General Fund – Animal Control $24,430 100 – General Fund Contingency ($24,430) 36 37 38 AGENDA ITEM #9.B. Ordinance No. FY2023-02A An Ordinance Of The Assembly Of The Kodiak Isla...Page 49 of 224 Kodiak Island Borough, Alaska Ordinance No. FY2023-02A Page 2 of 2 Transfer Appropriations: 39 Fund – Department Transferring Out Fund – Department/Project Transferring In Transfer Amount 220 Building & Grounds 415 / #21008 $45,000 455 Capital Projects / #20021 469 R&R $105,041 40 41 Effective Date: This ordinance takes effect upon adoption. 42 43 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 44 THIS __________ DAY OF _______________, 2023 45 46 KODIAK ISLAND BOROUGH 47 48 ATTEST: 49 ___________________________ 50 William Roberts, Mayor ______________________________ 51 Nova M. Javier, MMC, Borough Clerk 52 53 VOTES: 54 Ayes: 55 Noes: 56 AGENDA ITEM #9.B. Ordinance No. FY2023-02A An Ordinance Of The Assembly Of The Kodiak Isla...Page 50 of 224 Project - 11009 Island Wide UST Removal/ Replacement (469-614)Active REVENUES 572,931.00 572,931.00 .00 100 EXPENSES 572,931.00 569,830.02 .00 3,100.98 99 Project 11009 - Island Wide UST Removal/ Replacement (469-614)Net $0.00 $3,100.98 ($3,100.98)+++ Project - 12010 Anton Larsen Dock (430-530)Active REVENUES 2,100,000.00 1,848,573.50 251,426.50 88 EXPENSES 2,100,000.00 1,848,573.50 .00 251,426.50 88 Project 12010 - Anton Larsen Dock (430-530)Net $0.00 $0.00 $0.00 +++ Project - 13006 Borough Building Rehab (469-614)Active REVENUES 1,931,702.00 1,931,702.00 .00 100 EXPENSES 1,931,702.00 23,519.82 .00 1,908,182.18 1 Project 13006 - Borough Building Rehab (469-614)Net $0.00 $1,908,182.18 ($1,908,182.18)+++ Project - 16003 Chiniak Emergency Shelter Rebuild (450-565)Active REVENUES 670,958.00 810,913.57 (139,955.57)121 EXPENSES 670,958.00 776,400.33 17,561.04 (123,003.37)118 Project 16003 - Chiniak Emergency Shelter Rebuild (450-565)Net $0.00 $34,513.24 ($16,952.20)+++ Project - 17002 Baler Building Siding & Roof (490-566)Completed REVENUES 975,000.00 983,382.44 (8,382.44)101 EXPENSES 975,000.00 983,382.44 .00 (8,382.44)101 Project 17002 - Baler Building Siding & Roof (490-566)Net $0.00 $0.00 $0.00 +++ Project - 18005 Baler Building UST Removal/Replacement (490-566)Active REVENUES 235,000.00 235,000.00 .00 100 EXPENSES 235,000.00 212,948.49 5,000.00 17,051.51 93 Project 18005 - Baler Building UST Removal/Replacement (490-566)Net $0.00 $22,051.51 ($17,051.51)+++ Project - 19003 KFRC Seawater Storage & Filter Vessels (426-805)Active REVENUES 30,000.00 30,000.00 .00 100 EXPENSES 30,000.00 .00 .00 30,000.00 0 Project 19003 - KFRC Seawater Storage & Filter Vessels (426-805)Net $0.00 $30,000.00 ($30,000.00)+++ Project - 19008 CAMA/ Collection Software Upgrade (415-569)Active REVENUES 600,000.00 600,000.00 .00 100 EXPENSES 600,000.00 .00 .00 600,000.00 0 Project 19008 - CAMA/ Collection Software Upgrade (415-569)Net $0.00 $600,000.00 ($600,000.00)+++ Project - 19011 Womens Bay Fire Kitchen Remodel (450-550)Active REVENUES 25,000.00 25,000.00 .00 100 EXPENSES 25,000.00 .00 .00 25,000.00 0 Project 19011 - Womens Bay Fire Kitchen Remodel (450-550)Net $0.00 $25,000.00 ($25,000.00)+++ Project - 19012 Leachate Aeration (490-712)Active REVENUES 2,888,000.00 2,888,000.00 .00 100 EXPENSES 2,888,000.00 660,345.23 2,134,628.62 93,026.15 97 Project 19012 - Leachate Aeration (490-712)Net $0.00 $2,227,654.77 ($93,026.15)+++ Project - 19013 Junk Car Removal (415-538)Active REVENUES 25,200.00 25,200.00 .00 100 EXPENSES 25,200.00 19,912.80 .00 5,287.20 79 Project 19013 - Junk Car Removal (415-538)Net $0.00 $5,287.20 ($5,287.20)+++ Run by Dria Bray-Holloway on 09/27/2022 12:58:06 PM Page 1 of 5 Current active Capital projects Life-to-Date Through 09/27/22 Project Number Project Description Status Budget Actual Encumbered Balance % of Budget AGENDA ITEM #9.B.Ordinance No. FY2023-02A An Ordinance Of The Assembly Of The Kodiak Isla...Page 51 of 224 Project - 19014 Fuel Leak Cleanup @ Hospital 540-740 ( reimbursable)Active REVENUES 150,000.00 150,000.00 .00 100 EXPENSES 150,000.00 199,728.05 .00 (49,728.05)133 Project 19014 - Fuel Leak Cleanup @ Hospital 540-740 ( reimbursable)Net $0.00 ($49,728.05)$49,728.05 +++ Project - 19015 Aerial Imagery (415-)Active REVENUES 40,000.00 40,000.00 .00 100 EXPENSES 40,000.00 .00 .00 40,000.00 0 Project 19015 - Aerial Imagery (415-)Net $0.00 $40,000.00 ($40,000.00)+++ Project - 20001 PKIMC New Fuel Tank (495-537)Active REVENUES 370,000.00 370,000.00 .00 100 EXPENSES 370,000.00 281,167.50 74,694.31 14,138.19 96 Project 20001 - PKIMC New Fuel Tank (495-537)Net $0.00 $88,832.50 ($14,138.19)+++ Project - 20003 PKIMC Retaining Wall (495-537)Active REVENUES 2,835,000.00 2,835,000.00 .00 100 EXPENSES 2,835,000.00 2,532,869.40 65,907.22 236,223.38 92 Project 20003 - PKIMC Retaining Wall (495-537)Net $0.00 $302,130.60 ($236,223.38)+++ Project - 20004 KFRC Exterior ( 426-805)Active REVENUES 150,000.00 150,000.00 .00 100 EXPENSES 150,000.00 97,664.55 38,983.72 13,351.73 91 Project 20004 - KFRC Exterior ( 426-805)Net $0.00 $52,335.45 ($13,351.73)+++ Project - 20005 Borough Building Abatement/ Mechanical Upgrades (469-614) Active REVENUES 1,275,000.00 1,275,000.00 .00 100 EXPENSES 1,275,000.00 269,913.78 1,003,450.32 1,635.90 100 Project 20005 - Borough Building Abatement/ Mechanical Upgrades (469-614)Net $0.00 $1,005,086.22 ($1,635.90)+++ Project - 20006 PKIMC Structural Analysis & Project List Development (495-537) Active REVENUES 50,000.00 50,000.00 .00 100 EXPENSES 50,000.00 38,122.05 .00 11,877.95 76 Project 20006 - PKIMC Structural Analysis & Project List Development (495-537)Net $0.00 $11,877.95 ($11,877.95)+++ Project - 20007 KIBSD Auxiliary Gym Design (415-539)Active REVENUES 60,000.00 55,734.00 4,266.00 93 EXPENSES 60,000.00 61,128.32 .00 (1,128.32)102 Project 20007 - KIBSD Auxiliary Gym Design (415-539)Net $0.00 ($5,394.32)$5,394.32 +++ Project - 20008 North Star Elementary Siding 470-536 Active REVENUES 1,369,506.00 1,072,794.46 296,711.54 78 EXPENSES 1,369,506.00 480,542.47 712,629.76 176,333.77 87 Project 20008 - North Star Elementary Siding 470-536 Net $0.00 $592,251.99 $120,377.77 +++ Project - 20009 Salonie Creek Culvert Replacement Project (455-550)Active REVENUES 370,359.00 176,737.09 193,621.91 48 EXPENSES 370,359.00 122,123.49 36,109.00 212,126.51 43 Project 20009 - Salonie Creek Culvert Replacement Project (455-550)Net $0.00 $54,613.60 ($18,504.60)+++ Project - 20020 KIBSD Auditorium Upgrade Reimbursable (415-539)Active REVENUES 27,000.00 .00 27,000.00 0 EXPENSES 27,000.00 1,003.76 23,643.50 2,352.74 91 Run by Dria Bray-Holloway on 09/27/2022 12:58:06 PM Page 2 of 5 Current active Capital projects Life-to-Date Through 09/27/22 Project Number Project Description Status Budget Actual Encumbered Balance % of Budget AGENDA ITEM #9.B.Ordinance No. FY2023-02A An Ordinance Of The Assembly Of The Kodiak Isla...Page 52 of 224 Project 20020 - KIBSD Auditorium Upgrade Reimbursable (415-539)Net $0.00 ($1,003.76)$24,647.26 +++ Project - 20021 Tsunami Siren Upgrades - 2020 (455-550)Active REVENUES 622,527.00 628,985.36 (6,458.36)101 EXPENSES 622,527.00 523,944.33 .00 98,582.67 84 Project 20021 - Tsunami Siren Upgrades - 2020 (455-550)Net $0.00 $105,041.03 ($105,041.03)+++ Project - 20022 Fuel Tank Line Leak - Long Term Care (545-743)Active REVENUES .00 .00 .00 +++ EXPENSES .00 289,613.61 .00 (289,613.61)+++ Project 20022 - Fuel Tank Line Leak - Long Term Care (545-743)Net $0.00 ($289,613.61)$289,613.61 +++ Project - 20023 ADF&G Fuel Spill Active REVENUES .00 .00 .00 +++ EXPENSES .00 .00 .00 .00 +++ Project 20023 - ADF&G Fuel Spill Net $0.00 $0.00 $0.00 +++ Project - 20024 Chiniak Water System (455-550)Active REVENUES 75,000.00 75,000.00 .00 100 EXPENSES 75,000.00 15,434.41 19,970.00 39,595.59 47 Project 20024 - Chiniak Water System (455-550)Net $0.00 $59,565.59 ($39,595.59)+++ Project - 21000 PKIMC Fire Alarm Replacement & Upgrade (497-567)Active REVENUES 726,000.00 726,000.00 .00 100 EXPENSES 726,000.00 33,518.00 44,742.00 647,740.00 11 Project 21000 - PKIMC Fire Alarm Replacement & Upgrade (497-567)Net $0.00 $692,482.00 ($647,740.00)+++ Project - 21001 KFRC Fume Hoods (428-805)Active REVENUES 190,000.00 190,000.00 .00 100 EXPENSES 190,000.00 35,730.38 141,740.50 12,529.12 93 Project 21001 - KFRC Fume Hoods (428-805)Net $0.00 $154,269.62 ($12,529.12)+++ Project - 21002 Saltery Cove Trail System Access & Improvement Project (432-140) Active REVENUES 361,918.00 33,595.68 328,322.32 9 EXPENSES 361,918.00 33,761.91 .00 328,156.09 9 Project 21002 - Saltery Cove Trail System Access & Improvement Project (432-140)Net $0.00 ($166.23)$166.23 +++ Project - 21003 NOAA Hazmat Shed Reimbursable by NOAA (555-758)Active REVENUES 12,950.00 12,477.50 472.50 96 EXPENSES 12,950.00 3,807.56 .00 9,142.44 29 Project 21003 - NOAA Hazmat Shed Reimbursable by NOAA (555-758)Net $0.00 $8,669.94 ($8,669.94)+++ Project - 21004 Sargent Creek Park Upgrades (252-215)Active REVENUES .00 .00 .00 +++ EXPENSES .00 .00 .00 .00 +++ Project 21004 - Sargent Creek Park Upgrades (252-215)Net $0.00 $0.00 $0.00 +++ Project - 21005 Emergency Boro Bldg. Boiler Repair (415-568)Active REVENUES 28,000.00 28,000.00 .00 100 EXPENSES 28,000.00 27,155.83 .00 844.17 97 Project 21005 - Emergency Boro Bldg. Boiler Repair (415-568)Net $0.00 $844.17 ($844.17)+++ Project - 21007 Long Term Care Center Fuel Line Replacement (445- 742) Active REVENUES 85,000.00 85,000.00 .00 100 Run by Dria Bray-Holloway on 09/27/2022 12:58:06 PM Page 3 of 5 Current active Capital projects Life-to-Date Through 09/27/22 Project Number Project Description Status Budget Actual Encumbered Balance % of Budget AGENDA ITEM #9.B.Ordinance No. FY2023-02A An Ordinance Of The Assembly Of The Kodiak Isla...Page 53 of 224 EXPENSES 85,000.00 66,387.88 .00 18,612.12 78 Project 21007 - Long Term Care Center Fuel Line Replacement (445-742)Net $0.00 $18,612.12 ($18,612.12)+++ Project - 21008 Peterson Elementary Roof Replacement (415-539)Active REVENUES 25,000.00 25,000.00 .00 100 EXPENSES 25,000.00 55,412.65 11,446.50 (41,859.15)267 Project 21008 - Peterson Elementary Roof Replacement (415-539)Net $0.00 ($30,412.65)$41,859.15 +++ Project - 21009 Landfill Stage 3 Closure (490-713)Active REVENUES 2,850,000.00 2,850,000.00 .00 100 EXPENSES 2,850,000.00 683,983.71 2,907,794.79 (741,778.50)126 Project 21009 - Landfill Stage 3 Closure (490-713)Net $0.00 $2,166,016.29 $741,778.50 +++ Project - 22000 KFRC Ozonator (428-805)Active REVENUES 180,000.00 180,000.00 .00 100 EXPENSES 180,000.00 65,765.69 105,881.54 8,352.77 95 Project 22000 - KFRC Ozonator (428-805)Net $0.00 $114,234.31 ($8,352.77)+++ Project - 22001 Alaska Community Health Funds (COVID-19) - (432- 808) Active REVENUES 513,947.00 513,946.03 .97 100 EXPENSES 513,947.00 513,946.03 .00 .97 100 Project 22001 - Alaska Community Health Funds (COVID-19) - (432-808)Net $0.00 $0.00 $0.00 +++ Project - 22002 American Relief Plan [ARPA] (432-321)Active REVENUES 150,000.00 29,512.50 120,487.50 20 EXPENSES 150,000.00 29,512.50 2,257.26 118,230.24 21 Project 22002 - American Relief Plan [ARPA] (432-321)Net $0.00 $0.00 $2,257.26 +++ Project - 22003 Main Elementary Roof Replacement (469-614)Active REVENUES 725,000.00 285,735.96 439,264.04 39 EXPENSES 725,000.00 579,407.48 68,013.77 77,578.75 89 Project 22003 - Main Elementary Roof Replacement (469-614)Net $0.00 ($293,671.52)$361,685.29 +++ Project - 22004 East Elementary Roof Replacement (469-614)Active REVENUES 20,000.00 10,000.00 10,000.00 50 EXPENSES 20,000.00 5,278.21 .00 14,721.79 26 Project 22004 - East Elementary Roof Replacement (469-614)Net $0.00 $4,721.79 ($4,721.79)+++ Project - 22006 Local Government Lost Revenue Relief (432-322)Active REVENUES .00 1,925,939.01 (1,925,939.01)+++ EXPENSES .00 .00 .00 .00 +++ Project 22006 - Local Government Lost Revenue Relief (432-322)Net $0.00 $1,925,939.01 ($1,925,939.01)+++ Project - 22007 Mental Health Facilities Assessment (220-233)Active REVENUES 25,000.00 .00 25,000.00 0 EXPENSES 25,000.00 23,812.86 .00 1,187.14 95 Project 22007 - Mental Health Facilities Assessment (220-233)Net $0.00 ($23,812.86)$23,812.86 +++ Project - 22008 KFRC Facility Fuel Spill (415-553) - Reimburseable Active REVENUES .00 .00 .00 +++ EXPENSES .00 8,978.59 .00 (8,978.59)+++ Project 22008 - KFRC Facility Fuel Spill (415-553) - Reimburseable Net $0.00 ($8,978.59)$8,978.59 +++ Project - 22009 KFRC Carpet Replacement (428-805)Active EXPENSES .00 4,139.72 .00 (4,139.72)+++ Run by Dria Bray-Holloway on 09/27/2022 12:58:06 PM Page 4 of 5 Current active Capital projects Life-to-Date Through 09/27/22 Project Number Project Description Status Budget Actual Encumbered Balance % of Budget AGENDA ITEM #9.B.Ordinance No. FY2023-02A An Ordinance Of The Assembly Of The Kodiak Isla...Page 54 of 224 Project - 22010 Bayside FY23 Classroom Addition (455-550)Active REVENUES 25,000.00 .00 25,000.00 0 EXPENSES 25,000.00 .00 .00 25,000.00 0 Project 22010 - Bayside FY23 Classroom Addition (455-550)Net $0.00 $0.00 $0.00 +++ Grand Totals REVENUES 23,365,998.00 23,725,160.10 (359,162.10)102 EXPENSES 23,365,998.00 12,178,767.35 7,414,453.85 3,772,776.80 84 Grand Totals Net $0.00 $11,546,392.75 ($4,131,938.90)+++ Run by Dria Bray-Holloway on 09/27/2022 12:58:06 PM Page 5 of 5 Current active Capital projects Life-to-Date Through 09/27/22 Project Number Project Description Status Budget Actual Encumbered Balance % of Budget AGENDA ITEM #9.B.Ordinance No. FY2023-02A An Ordinance Of The Assembly Of The Kodiak Isla...Page 55 of 224 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 3, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Election Of The 2022-2023 Borough Assembly Deputy Presiding Officer ORIGINATOR: Nova M. Javier, MMC, Borough Clerk RECOMMENDATION: Move to nominate ______________________ as Deputy Presiding Officer. DISCUSSION: The assembly shall annually, at the November meeting, elect from its members a Deputy Presiding Officer to serve at the assembly’s pleasure. Duties of the Deputy Presiding Officer: • Will preside as the chair at assembly meetings in the absence of the mayor. • Perform other duties as assigned by the Mayor and Assembly. Mayor to open the floor for nominations. No discussion or debate. Ballot slips to be distributed and collected by the Clerk. Clerk and designee will tally and announce the elected member. • A majority vote of the assembly shall be required for election. • If no majority is cast for any candidate, the candidate or candidates with the fewest ballots shall be dropped from the list of candidates until there are two remaining and balloting shall continue until one candidate is elected. In case of an ultimate tie vote of the assembly, the mayor may vote. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: KIBC Chapter 2.20 Borough Mayor, 2.20.080 Executive Absence A. In the mayor’s absence, the deputy presiding officer shall preside at all regular and special meetings and perform the duties assigned by the mayor or assembly. B. The mayor, subject to assembly approval, shall designate a person to act as mayor during the mayor’s temporary absence or disability. If a manager plan has been adopted, the assembly shall designate by resolution a borough administrative official to act as manager during the manager’s absence or disability. KIBC 2.30.040 Organization and Deputy Presiding Officer A. Organization. The assembly shall annually, at the November meeting, elect from its members a Deputy Presiding Officer to serve at the assembly’s pleasure. B. Election of the Deputy Presiding Officer of the assembly shall be in the following manner: AGENDA ITEM #13.A. Election Of The 2022-2023 Borough Assembly Deputy Presiding Officer Page 56 of 224 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 3, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough 1. As the first order of new business, nominations for Deputy Presiding Officer shall be opened. 2. Nominations may be made by any member of the assembly. 3. At the close of nominations, a ballot shall be taken. The clerk shall distribute, collect, and with the assistance of one other person, tally the ballots. The clerk shall announce the results. 4. A majority vote of the assembly shall be required for election. 5. If no majority is cast for any candidate, the candidate or candidates with the fewest ballots shall be dropped from the list of candidates until there are two remaining and balloting shall continue until one candidate is elected. In case of an ultimate tie vote of the assembly, the mayor may vote. C. Deputy Presiding Officer. The Deputy Presiding Officer shall preside as the chair at assembly meetings in the absence of the mayor. If at any meeting the Deputy Presiding Officer is not present, or is unable to act, the senior assembly member present shall preside as the chair. AGENDA ITEM #13.A. Election Of The 2022-2023 Borough Assembly Deputy Presiding Officer Page 57 of 224 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 3, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Offices And Common Spaces In The KFRC Facility ORIGINATOR: Dave Conrad, Interim Borough Manager RECOMMENDATION: Move to approve Contract FY2023-21 Carpet Replacement for the Main Floor of NOAA Offices and Common Spaces in the KFRC Facility as described in the statement of work to Eastside Carpet Company of Anchorage, Alaska. DISCUSSION: As part of the last lease negotiation, NOAA and the Government Services Organization have been cooperative partners with the KIB staff in the development of the carpet replacement project for the NOAA leased office spaces and the common areas of this KFRC facility. ALTERNATIVES: Reject the presented proposal. FISCAL IMPACT: $93,931.84 to be paid by NOAA through contract with GSA. OTHER INFORMATION: AGENDA ITEM #13.A.1. Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 58 of 224 AGENDA ITEM #13.A.1.Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 59 of 224 AGENDA ITEM #13.A.1.Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 60 of 224 AGENDA ITEM #13.A.1.Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 61 of 224 AGENDA ITEM #13.A.1.Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 62 of 224 AGENDA ITEM #13.A.1.Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 63 of 224 AGENDA ITEM #13.A.1.Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 64 of 224 AGENDA ITEM #13.A.1.Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 65 of 224 AGENDA ITEM #13.A.1.Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 66 of 224 AGENDA ITEM #13.A.1.Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 67 of 224 AGENDA ITEM #13.A.1.Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 68 of 224 AGENDA ITEM #13.A.1.Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 69 of 224 AGENDA ITEM #13.A.1.Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 70 of 224 AGENDA ITEM #13.A.1.Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 71 of 224 AGENDA ITEM #13.A.1.Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 72 of 224 AGENDA ITEM #13.A.1.Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 73 of 224 AGENDA ITEM #13.A.1.Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 74 of 224 AGENDA ITEM #13.A.1. Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 75 of 224 AGENDA ITEM #13.A.1.Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 76 of 224 AGENDA ITEM #13.A.1.Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 77 of 224 AGENDA ITEM #13.A.1.Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 78 of 224 AGENDA ITEM #13.A.1.Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 79 of 224 AGENDA ITEM #13.A.1.Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 80 of 224 AGENDA ITEM #13.A.1.Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 81 of 224 AGENDA ITEM #13.A.1.Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 82 of 224 AGENDA ITEM #13.A.1.Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 83 of 224 AGENDA ITEM #13.A.1.Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 84 of 224 AGENDA ITEM #13.A.1.Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 85 of 224 AGENDA ITEM #13.A.1.Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 86 of 224 A B C D E Base Bid Alt A Alt B Alt C Total w/alts Eastside Carpet Co. 43,042.64$ 47,889.20$ 11,067.08$ 17,681.87$ 119,680.79$ Wolverine Supply, Inc. 74,000.00$ 72,000.00$ 16,000.00$ 35,000.00$ 197,000.00$ Great Alaska Flooring Co. 67,648.00$ 100,263.00$ 36,020.00$ 78,438.00$ 282,369.00$ Kodiak Island Borough Bid Tabulation KFRC Flooring Replacement Bid Opening: 8/31/2022 - 2:00 pm Spreadsheet by P. Valerio 8.31.2022 AGENDA ITEM #13.A.1. Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 87 of 224 Contract No. FY2022-21 Kodiak Island Borough Construction Contract Page 1 of 3 KODIAK ISLAND BOROUGH, ALASKA CONSTRUCTION CONTRACT KFRC FLOORING REPLACEMENT # 2200XX 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 Eastside Carpet Company LLC Company Name 400 W. Potter Dr., Anchorage, AK 99518 Company Address (Street or PO Box, City, State, Zip) a/an Individual Partnership Limited Liability Company Sole Proprietorship 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 perf orm 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. Payment under this Contract shall not exceed Ninety Thousand Nine Hundred Thirty One Dollars and Eighty Four Cents ($90,931.84) for the Base Bid and Alternate #1. The Contractor further covenants and agrees that all materials shall be furnished and delivered, and all work and labor shall be done and performed, in every respect, to the satisfaction of the Borough, on or before: July 12, 2022. 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 Liquidated Damages as described in the General Conditions for each calendar day elapsing between the time stipulated for achieving completion of an individual phase and the actual date of completion of that phase 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 AGENDA ITEM #13.A.1. Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 88 of 224 Contract No. FY2022-21 Kodiak Island Borough Construction Contract Page 2 of 3 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 $90,931.84 Payment Bond, and $90,931.84 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 David Conrad 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) Kodiak Fisheries Research Center Carpet Replacement Invitation for Bids dated Aug 15, 2022 2) Drawings for KFRC Flooring Replacement Dated July 5, 2022 AGENDA ITEM #13.A.1. Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 89 of 224 Contract No. FY2022-21 Kodiak Island Borough Construction Contract Page 3 of 3 IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and conditions. CONTRACTOR Eastside Carpet Company Company Name Signature of Authorized Company Representative Name and Title Date KODIAK ISLAND BOROUGH Signature of Borough Manager Printed Name Date Nova M. Javier Borough Clerk (ATTEST) AGENDA ITEM #13.A.1. Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 90 of 224 U.S. General Services Administration Region 10, Public Buildings Service www.gsa.gov Statement of Work for GSA Post Occupancy Alterations Projects (Leased Space)September 8, 2022 PROJECT IDENTIFICATION Project Title:NOAA Carpet Replacement Building:Kodiak Island Building ID #:ID #AK3331ZZ Building Location:301 Research Ct.Kodiak,AK 99615 Lease Number:LAK07482 Lease Expiration Date: Insert Lease Expiration Date TABLE OF CONTENTS Project Information………………………………………………………………………………………..2 Scope of Work…………………………………………………………………………………………. 2-3 General Requirements………………………………………………………………………………... 3-4 1 AGENDA ITEM #13.A.1. Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 91 of 224 1. Project Information The purpose of this project is to see through the replacement of the carpet per the lease contract. 1.1. Location of Work: Kodiak Island NOAA office and common spaces. 1.1.1. Building Number: AK3331ZZ 1.1.2. Name: Kodiak Island 1.1.3. Address: 301 Research Ct. Kodiak, AK 99615 1.1.4. Area:Both common and office spaces to be replaced.Common space is marked 2nd Floor – Common Area Hallways: CORR L200.3, L200.4,L200.6, L200.7, L200.8, L200.9, L200.11, L222 2nd Floor – Conference Rooms: L203, L216 L223, L227 2nd Floor – Employee Offices: Room L208 - L212 & L240 - L254, L232, L226 and L225 1.2. Project Purpose: 1.2.1.1.Carpet to be refreshed as permitted per agency lease language in paragraph 6.10 B of the lease. 1.2.2. Work Hours: 1.2.2.1.The Lessor is required to perform all work specified for this project, per the following requirements: Per the lease, all work is to be performed after normal hours unless specified otherwise. Government working hours as established in the lease is 6:00am-6:00pm 7 days per week. 1.3. Period of Performance Carpet Installation Shall be completed within 60 days after Notice to Proceed NTP 2.Scope of Work 2.1.Task 1 – Replacement of the carpet and all associated floor perimeters at partitions in common spaces 2nd Floor – Common Area Hallways: CORR L200.3, L200.4, L200.6, L200.7, L200.8, L200.9, L200.11, L222 and Conference Rooms: L203, L216 L223, L227 (corridors, conferences rooms, etc.) as indicated in attached floor plan. All carpets and transitions must meet the standards of and be installed consistent with the standards in paragraph 5.07 of the lease. 2.2.Task 2 - Replacement of the carpet and all associated floor perimeters at partitions in agency office space listed 2nd Floor – Employee Offices:Room L208 - L212 & L240 - L254 on the attached floor plan. All carpets and transitions must meet the standards of and be installed consistent with the standards in paragraph 5.07 of the lease. 2.3.Task 3 - Lessor is required to determine and secure all required permits. 2 AGENDA ITEM #13.A.1. Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 92 of 224 3. LEASE SPECS REQUIREMENT: (5.07 Floor Coverings and Perimeters) 1.Broadloom carpet or carpet tiles shall meet the requirements set forth in the specifications below. Floor parameters at partitions shall have wood,rubber,vinyl, or carpet base. Floor covering shall be installed in accordance with manufacturing instructions to lay smoothly and evenly. 2.The use of existing carpet may be approved by the Government; however, existing carpet shall be repaired, stretched, and cleaned before occupancy and shall meet the static buildup requirements as stated in the specifications below. 3.Any alternate flooring shall be pre-approved by the Government. 4.SPECIFICATIONS FOR CARPET TO BE NEWLY INSTALLED OR REPLACED 1.Product sustainability and product environmental requirements:In order to achieve superior performance in multiple environmental attribute areas, carpet must have third party certification in accordance with ANSI/NSF 140 2007e Sustainable Carpet Assessment Standard at a “Gold” level minimum. Carpet manufacturer must supply certificate as part of the procurement documentation. 2.Recycled Content: Recycled content is measured by total product weight of pre-consumer and/or post-consumer materials. Recycled content must be at least 10% post-recovered content. 3.Low emitting materials: The carpet and floor adhesive (for glue-down installations) must meet the Green Leaf Plus (GLP) and floor adhesive (for direct glue down) requirements of the Carpet and Rug Institute (CRI). GLP number must be provided. Adhesive must meet VOC content standards per South Coast Air Quality Management District Rule #1168. 4.Face fiber content: Face yarn must be 100 percent nylon fiber. Loop Pile shall be 100 percent continuous Filament (BCF); cut and loop shall be 100 percent BCF for the loop portion and may be BCF or staple for the cut portion; cut pile carpet shall be staple or BCF. 5.Performance requirements for broadloom and modular tile a.Static: Less than or equal to 3.5 kV when tested by AATCC Test Method 134 (Step Test Option). b.Flammability: Meet CPSC-FF-1-70, DOC-FF-1-70 Methenamine Tablet Test Criteria. c.Flooring Radiant Panel: Meets NFPA 253 Class I or II depending upon occupancy and fire code when tested under ASTM E-648 for glue down installation. d.Smoke Density: NBS Smoke Chamber - Less than 450 Flaming Mode when tested under ASTM E-662 Note: Testing must be performed in NVLAP accredited laboratory. 6.Texture and Appearance Retention Rating (TARR): Carpet must meet TARR ratings specified below: Space Definition Traffic Classification TARR Classification Private Offices Moderate ⋝ 3.0 TARR Training, Conference, Courtrooms, etc Heavy ⋝ 3.0 TARR Open Office, Cafeteria, Corridors, Lobbies Severe ⋝ 3.5 TARR 3 AGENDA ITEM #13.A.1. Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 93 of 224 The carpet must be evaluated using ASTM D-5252 Hexapod Drum Test as per commercial carpet test procedure and the TARR Classification determined using ASTM-7330. 7.Carpet Reclamation. Reclamation of existing carpet to be determined with potential vendor. When carpet is replaced, submit certification documentation from the reclamation facility to the LCO. Period of Performance: Carpet Installation Shall be completed within 60 days after Notice to Proceed NTP. 4.Drawings and Floor Plan See Attachment “KIB Kodiak Fisheries Research Ctr Carpet Replacement DWGS 9-8-22”. Carpet Replacement in rooms as indicated by the area highlighted in yellow. Second Floor Overall Plan for Carpet Replacement 4 AGENDA ITEM #13.A.1. Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 94 of 224 AGENDA ITEM #13.A.1. Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 95 of 224 A001JensenYorbaWallInc.FILE: 18067KODIAK ISLAND BOROUGHCARPET REPLACEMENTKODIAK, AKKODIAK FISHERIES RESEARCH CENTER907.586.1070522 WEST 10TH STREETJUNEAU, ALASKA 99801ARCHITECTJENSEN YORBA WALL, INCA001 COVER SHEETA201 SECOND FLOOR OVERALL PLANAD401 SECOND FLOOR DEMOLITION - ENLARGED PLAN WESTAD402 SECOND FLOOR DEMOLITION - ENLARGED PLAN EASTA401 SECOND FLOOR RENOVATION - ENLARGED PLAN WESTA402 SECOND FLOOR RENOVATION - ENLARGED PLAN EASTA901 INTERIOR DETAILSSHEET INDEXJUNE, 2022ADJ ADJUSTABLEAFF ABOVE FINISH FLOORAPPROX APPROXIMATEARCH ARCHITECTURALBD BOARDBLDG BUILDINGBLKG BLOCKINGBM BEAMBOT BOTTOMCAB CABINETCB CATCH BASINCEM CEMENTCG CORNER GUARDCI CAST IRONCLG CEILINGCOL COLUMNCONC CONCRETECONT CONTINUOUSCPT CARPET TILECTR CENTERCTSK COUNTERSUNKDBL DOUBLEDEPT DEPARTMENTDET DETAILDIA DIAMETERDN DOWNDR DOORDWG DRAWINGDWR DRAWEREA EACHEQ EQUALEQP EQUIPMENTEX EXISTINGEXT EXTERIORFA FIRE ALARMFD FLOOR DRAINFDN FOUNDATIONFEC FIRE EXTINGUISHER CABINETFF FINISH FLOORFHC FIRE HOSE CABINETFIN FINISHFLASH FLASHINGFLR FLOORFOC FACE OF CONCRETE/CURBFOF FACE OF FINISHFOS FACE OF STUDFRP (GLASS) FIBER REINFORCEDPLASTICFR FIRE RETARDANTFT FOOT OR FEETGA GAUGEGALV GALVANIZEDGB GRAB BARGL GLASSGWB GYPSUM WALL BOARDGYP GYPSUMHB HOSE BIBBHDWD HARDWOODHM HOLLOW METALHORIZ HORIZONTALHR HOURID INSIDE DIAMETERINSUL INSULATIONINT INTERIORJAN JANITORJT JOINTLAB LABORATORYLAV LAVATORYLB POUNDLT LIGHTMIR MIRRORMAX MAXIMUMMECH MECHANICALMEMB MEMBRANEMFR MANUFACTURERMIN MINIMUMMISC MISCELLANEOUSMTD MOUNTEDMTL METALMUL MULLIONNIC NOT IN CONTRACTNO OR # NUMBERNOM NOMINALNTS NOT TO SCALEOA OVERALLOC ON CENTEROD OUTSIDE DIAMETEROFCI OWNER FURNISHEDCONTRACTOR INSTALLEDOFOI OWNER FURNISHEDOWNER INSTALLEDOFD OVERFLOW DRAINOFF OFFICEOPNG OPENINGOPP OPPOSITEOSB ORIENTED STRAND BOARDPL PLATEPLAM PLASTIC LAMINATEPLAS PLASTERPC PRE-CASTPF PRE-FINISHEDPR PAIRPWD PLYWOODRRISERRAD RADIUSRD ROOF DRAINREF REFERENCEREFR REFRIGERATORREINF REINFORCEDREQ REQUIREDRESIL RESILIENTRH ROBE HOOKRL RAIN LEADERRM ROOMRO ROUGH OPENINGRUB RUBBERSASU SELF ADHERING SHEET UNDERLAYMENTSCD SEAT COVER DISPENSERSCHED SCHEDULESF SQUARE FOOTSFRM SPRAYED FIRE-RESISTIVEMATERIALSHR SHOWERSHTH SHEATHINGSIM SIMILARSND SANITARY NAPKIN DISPENSERSNR SANITARY NAPKIN RECEPTACLESPEC SPECIFICATIONSSQ SQUARESQFT SQUARE FOOTSQYD SQUARE YARDSS STAINLESS STEELSTA STATIONSTC SOUND TRANSMISSION CLASSSTD STANDARDSTL STEELSTOR STORAGESTRUCT STRUCTURALSUSP SUSPENDEDSY SQUARE YARDTB TOWEL BARTC TOP OF CURBTEL TELEPHONETEMP TEMPORARYTYP TYPICALUL UNDERWRITERS LABORATORIESUNF UNFINISHEDUON UNLESS OTHERWISE NOTEDUR URINALVERT VERTICALVEST VESTIBULEABBREVIATIONSDETAILREFERENCECOLUMNGRID LINESHEET NUMBERDETAIL NUMBERGRID NUMBERROOM NUMBERROOM NAMEEXISTINGTO REMAINEXISTING RELITE/WINDOWTO REMOVEEXISTINGDOOR TO REMOVEWALL TO REMOVERELITE/WINDOW TO REMOVETITLEROOMKEY NOTE NUMBERKEY NOTEDEMO KEY SYMDEMO NOTE NUMBERREV SYMREVISION NOTE NUMBERAROOM NAME 1ROOM NAME 2ROOM NUMBERXXXXXXXAXXXGENERAL NOTESSYMBOLS1. CONTRACTOR VERIFY ALL EX CONDITIONS. INFORMAITON PROVIDED IS BASED ON INFORMATIONPROVIDED BY OWNER AND LIMITED AS-BUILT CONFIRMATION.2. COORDINATE FFE REMOVAL, STORAGE, AND RE-INSTALLATION WITH OWNER.3. PROTECT ALL EX FINISHES TO REMAIN.4. SEE SPECIFICATIONS FOR FULL ALTERNATES SCOPEAGENDA ITEM #13.A.1.Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 96 of 224 1AD4011AD4021A4021A401MATCHLINE1SECOND FLOOR OVERALL PLAN16'SCALE: 0 32'8'4'A201SECOND FLOOROVERALL PLAN........KODIAK ISLAND BOROUGH CARPET REPLACEMENT KODIAK, AK KODIAK FISHERIES RESEARCH CENTERJUNE, 202218067DATE:FILE:SHEET TITLEREVISIONS.JensenYorbaWallInc.PROJECTNORTHAGENDA ITEM #13.A.1.Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 97 of 224 DEMOLITION LEGENDBASE BIDALTERNATE NO. 1ALTERNATE NO. 2ALTERNATE NO. 3 DEMOLITION NOTES1. REMOVE EX CARPET FLOOR FINISH IN AREASINDICATED2. REMOVE FREESTANDING FFE AT ALL SCOPE OFWORK AREAS. STORE FOR RE-INSTALLATION3. AT LIBRARY L228, REMOVE ALL STACKS ANDFREESTANDING FFE. STORE FORRE-INSTALLATION4. REMOVE EX RUBBER BASE WHERE FLOORFINISH IS REMOVED5. REMOVE EX WOOD BASE AS INDICATED6. PREP SUBFLOOR FOR NEW FLOOR FINISH7. EX FLOOR FINISHES TO REMAIN UON. PROTECTEX FLOOR FINISHES, EQUIPMENT, FFE TOREMAIN8. REMOVE TRANSITION STRIPS AS REQUIRED TOINSTALL NEW FLOOR FINISH.REMOVE WOOD BASEBASE BIDMATCHLINE1SECOND FLOOR DEMOLITION - ENLARGED PLAN - WEST4'SCALE:016'8'AD401SECOND FLOOR DEMENLARGED PLANWEST.......KODIAK ISLAND BOROUGH CARPET REPLACEMENT KODIAK, AK KODIAK FISHERIES RESEARCH CENTERJUNE, 202218067DATE:FILE:SHEET TITLEREVISIONS.JensenYorbaWallInc.AGENDA ITEM #13.A.1.Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 98 of 224 MATCHLINE DEMOLITION LEGENDBASE BIDALTERNATE NO. 1ALTERNATE NO. 2ALTERNATE NO. 3 DEMOLITION NOTES1. REMOVE EX CARPET FLOOR FINISH IN AREASINDICATED2. REMOVE FREESTANDING FFE AT ALL SCOPE OFWORK AREAS. STORE FOR RE-INSTALLATION3. AT LIBRARY L228, REMOVE ALL STACKS ANDFREESTANDING FFE. STORE FORRE-INSTALLATION4. REMOVE EX RUBBER BASE WHERE FLOORFINISH IS REMOVED5. REMOVE EX WOOD BASE AS INDICATED6. PREP SUBFLOOR FOR NEW FLOOR FINISH7. EX FLOOR FINISHES TO REMAIN UON. PROTECTEX FLOOR FINISHES, EQUIPMENT, FFE TOREMAIN8. REMOVE TRANSITION STRIPS AS REQUIRED TOINSTALL NEW FLOOR FINISH.REMOVE WOOD BASEBASE BID1SECOND FLOOR DEMOLITION - ENLARGED PLAN - EAST4'SCALE: 0 16'8'AD402SECOND FLOOR DEMENLARGED PLANEAST.......KODIAK ISLAND BOROUGH CARPET REPLACEMENT KODIAK, AK KODIAK FISHERIES RESEARCH CENTERJUNE, 202218067DATE:FILE:SHEET TITLEREVISIONS.JensenYorbaWallInc.AGENDA ITEM #13.A.1.Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 99 of 224 RENOVATION NOTES1. PROVIDE CARPET TILE IN AREAS INDICATED2. RE-INSTALL FFE IN ALL AREAS ONCE FLOORFINISH IS INSTALLED. COORDINATE WITHOWNER.3. PROVIDE 4" RUBBER BASE WHERE REMOVED4. PROVIE WOOD BASE IN AREAS WHEREREMOVED.5. PROVIDE TRANSITION STRIPS AS REQUIRED PERCONDITION, SEE A901RENOVATION LEGENDBASE BIDALTERNATE NO. 1ALTERNATE NO. 2ALTERNATE NO. 3WOOD BASEBASE BIDMATCHLINE1SECOND FLOOR - ENLARGED PLAN - WEST4'SCALE: 0 16'8'A401SECOND FLOORENLARGED PLANWEST.......KODIAK ISLAND BOROUGH CARPET REPLACEMENT KODIAK, AK KODIAK FISHERIES RESEARCH CENTERJUNE, 202218067DATE:FILE:SHEET TITLEREVISIONS.JensenYorbaWallInc.AGENDA ITEM #13.A.1.Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 100 of 224 MATCHLINE RENOVATION NOTES1. PROVIDE CARPET TILE IN AREAS INDICATED2. RE-INSTALL FFE IN ALL AREAS ONCE FLOORFINISH IS INSTALLED. COORDINATE WITHOWNER.3. PROVIDE 4" RUBBER BASE WHERE REMOVED4. PROVIE WOOD BASE IN AREAS WHEREREMOVED.RENOVATION LEGENDBASE BIDALTERNATE NO. 1ALTERNATE NO. 2ALTERNATE NO. 3WOOD BASEBASE BID1SECOND FLOOR - ENLARGED PLAN - EAST4'SCALE: 0 16'8'A402SECOND FLOORENLARGED PLANEAST.......KODIAK ISLAND BOROUGH CARPET REPLACEMENT KODIAK, AK KODIAK FISHERIES RESEARCH CENTERJUNE, 202218067DATE:FILE:SHEET TITLEREVISIONS.JensenYorbaWallInc.AGENDA ITEM #13.A.1.Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 101 of 224 3"SCALE:06"TRANSITION - CPT TO EX TILE118067/1-A901EXISTINGFLOOR TILEVINYLTRANSITIONCPT TILE3"SCALE:06"TRANSITION - CPT TO EX RESILIENT318067/3/A901EX RESILIENTFLOOR FINISHVINYLTRANSITIONSTRIPCARPET TILETRANSITION - CONC TO CPT2EX CONCRETECARPETTRANSITIONSTRIPCARPET TILEA901INTERIORDETAILS........KODIAK ISLAND BOROUGH CARPET REPLACEMENT KODIAK, AK KODIAK FISHERIES RESEARCH CENTERJUNE, 202218067DATE:FILE:SHEET TITLEREVISIONS.JensenYorbaWallInc.AGENDA ITEM #13.A.1.Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 102 of 224 A B C D E Base Bid Alt A Alt B Alt C Total w/alts Eastside Carpet Co. 43,042.64$ 47,889.20$ 11,067.08$ 17,681.87$ 119,680.79$ Wolverine Supply, Inc. 74,000.00$ 72,000.00$ 16,000.00$ 35,000.00$ 197,000.00$ Great Alaska Flooring Co. 67,648.00$ 100,263.00$ 36,020.00$ 78,438.00$ 282,369.00$ Kodiak Island Borough Bid Tabulation KFRC Flooring Replacement Bid Opening: 8/31/2022 - 2:00 pm Spreadsheet by P. Valerio 8.31.2022 AGENDA ITEM #13.A.1. Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 103 of 224 From:Maceo Sample - 10PRBA To:Dave Conrad Subject:Re: KFRC Carpet Date:Tuesday, October 25, 2022 10:20:57 AM Hello Dave, I hope your week has treated you well! Right now things are still on track, we haveaccepted the pricing. I am working closely with the contracting officers to finish with their LA Review. Presenting this at your work session is fine, we will have NTP before November 3rd to avoid delay. Thank you, Maceo Sample, Project Manager GSA, PBS, Northwest/Arctic Region 10 222 7th Avenue Anchorage, AK 99513 maceo.sample@gsa.gov (907) 230-2691 On Thu, Oct 20, 2022 at 11:35 AM Dave Conrad <dconrad@kodiakak.us> wrote: Maceo I wanted to follow up with this to be sure that things are still on track. I can place this on the agenda for November 3, 2022 Regular Meeting for approval by the assembly. I have to present it at the October 27th Work Session. I will put this into the agenda software but at a minimum I will need something in writing from GSA to confirm this award prior to our request for approval. Let me know if there are any anticipated changes. From: Maceo Sample - 10PRBA <maceo.sample@gsa.gov> Sent: Thursday, October 13, 2022 1:14 PM To: Dave Conrad <dconrad@kodiakak.us> Subject: Re: KFRC Carpet Hello Dave, Our current schedule date to give you NTP is 10/27/2022. Will you need that beforethe assembly meeting before the end of the month? If so, when is that meetingscheduled? AGENDA ITEM #13.A.1. Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 104 of 224 Thank you, Maceo Sample, Project Manager GSA, PBS, Northwest/Arctic Region 10 222 7th Avenue Anchorage, AK 99513 maceo.sample@gsa.gov (907) 230-2691 On Thu, Oct 13, 2022 at 12:26 PM Dave Conrad <dconrad@kodiakak.us> wrote: I have received a request form my vendor/contractor regarding the disposition of this proposed carpet replacement and an inquiry to return his bid bond. Can I please get an update on the status of this pending award? AGENDA ITEM #13.A.1. Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 105 of 224 U.S. General Services Administration Region 10, Public Buildings Service www.gsa.gov Statement of Work for GSA Post Occupancy Alterations Projects (Leased Space)September 8, 2022 PROJECT IDENTIFICATION Project Title:NOAA Carpet Replacement Building:Kodiak Island Building ID #:ID #AK3331ZZ Building Location:301 Research Ct.Kodiak,AK 99615 Lease Number:LAK07482 Lease Expiration Date: Insert Lease Expiration Date TABLE OF CONTENTS Project Information………………………………………………………………………………………..2 Scope of Work…………………………………………………………………………………………. 2-3 General Requirements………………………………………………………………………………... 3-4 1 AGENDA ITEM #13.A.1. Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 106 of 224 1. Project Information The purpose of this project is to see through the replacement of the carpet per the lease contract. 1.1. Location of Work: Kodiak Island NOAA office and common spaces. 1.1.1. Building Number: AK3331ZZ 1.1.2. Name: Kodiak Island 1.1.3. Address: 301 Research Ct. Kodiak, AK 99615 1.1.4. Area:Both common and office spaces to be replaced.Common space is marked 2nd Floor – Common Area Hallways: CORR L200.3, L200.4,L200.6, L200.7, L200.8, L200.9, L200.11, L222 2nd Floor – Conference Rooms: L203, L216 L223, L227 2nd Floor – Employee Offices: Room L208 - L212 & L240 - L254, L232, L226 and L225 1.2. Project Purpose: 1.2.1.1.Carpet to be refreshed as permitted per agency lease language in paragraph 6.10 B of the lease. 1.2.2. Work Hours: 1.2.2.1.The Lessor is required to perform all work specified for this project, per the following requirements: Per the lease, all work is to be performed after normal hours unless specified otherwise. Government working hours as established in the lease is 6:00am-6:00pm 7 days per week. 1.3. Period of Performance Carpet Installation Shall be completed within 60 days after Notice to Proceed NTP 2.Scope of Work 2.1.Task 1 – Replacement of the carpet and all associated floor perimeters at partitions in common spaces 2nd Floor – Common Area Hallways: CORR L200.3, L200.4, L200.6, L200.7, L200.8, L200.9, L200.11, L222 and Conference Rooms: L203, L216 L223, L227 (corridors, conferences rooms, etc.) as indicated in attached floor plan. All carpets and transitions must meet the standards of and be installed consistent with the standards in paragraph 5.07 of the lease. 2.2.Task 2 - Replacement of the carpet and all associated floor perimeters at partitions in agency office space listed 2nd Floor – Employee Offices:Room L208 - L212 & L240 - L254 on the attached floor plan. All carpets and transitions must meet the standards of and be installed consistent with the standards in paragraph 5.07 of the lease. 2.3.Task 3 - Lessor is required to determine and secure all required permits. 2 AGENDA ITEM #13.A.1. Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 107 of 224 3. LEASE SPECS REQUIREMENT: (5.07 Floor Coverings and Perimeters) 1.Broadloom carpet or carpet tiles shall meet the requirements set forth in the specifications below. Floor parameters at partitions shall have wood,rubber,vinyl, or carpet base. Floor covering shall be installed in accordance with manufacturing instructions to lay smoothly and evenly. 2.The use of existing carpet may be approved by the Government; however, existing carpet shall be repaired, stretched, and cleaned before occupancy and shall meet the static buildup requirements as stated in the specifications below. 3.Any alternate flooring shall be pre-approved by the Government. 4.SPECIFICATIONS FOR CARPET TO BE NEWLY INSTALLED OR REPLACED 1.Product sustainability and product environmental requirements:In order to achieve superior performance in multiple environmental attribute areas, carpet must have third party certification in accordance with ANSI/NSF 140 2007e Sustainable Carpet Assessment Standard at a “Gold” level minimum. Carpet manufacturer must supply certificate as part of the procurement documentation. 2.Recycled Content: Recycled content is measured by total product weight of pre-consumer and/or post-consumer materials. Recycled content must be at least 10% post-recovered content. 3.Low emitting materials: The carpet and floor adhesive (for glue-down installations) must meet the Green Leaf Plus (GLP) and floor adhesive (for direct glue down) requirements of the Carpet and Rug Institute (CRI). GLP number must be provided. Adhesive must meet VOC content standards per South Coast Air Quality Management District Rule #1168. 4.Face fiber content: Face yarn must be 100 percent nylon fiber. Loop Pile shall be 100 percent continuous Filament (BCF); cut and loop shall be 100 percent BCF for the loop portion and may be BCF or staple for the cut portion; cut pile carpet shall be staple or BCF. 5.Performance requirements for broadloom and modular tile a.Static: Less than or equal to 3.5 kV when tested by AATCC Test Method 134 (Step Test Option). b.Flammability: Meet CPSC-FF-1-70, DOC-FF-1-70 Methenamine Tablet Test Criteria. c.Flooring Radiant Panel: Meets NFPA 253 Class I or II depending upon occupancy and fire code when tested under ASTM E-648 for glue down installation. d.Smoke Density: NBS Smoke Chamber - Less than 450 Flaming Mode when tested under ASTM E-662 Note: Testing must be performed in NVLAP accredited laboratory. 6.Texture and Appearance Retention Rating (TARR): Carpet must meet TARR ratings specified below: Space Definition Traffic Classification TARR Classification Private Offices Moderate ⋝ 3.0 TARR Training, Conference, Courtrooms, etc Heavy ⋝ 3.0 TARR Open Office, Cafeteria, Corridors, Lobbies Severe ⋝ 3.5 TARR 3 AGENDA ITEM #13.A.1. Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 108 of 224 The carpet must be evaluated using ASTM D-5252 Hexapod Drum Test as per commercial carpet test procedure and the TARR Classification determined using ASTM-7330. 7.Carpet Reclamation. Reclamation of existing carpet to be determined with potential vendor. When carpet is replaced, submit certification documentation from the reclamation facility to the LCO. Period of Performance: Carpet Installation Shall be completed within 60 days after Notice to Proceed NTP. 4.Drawings and Floor Plan See Attachment “KIB Kodiak Fisheries Research Ctr Carpet Replacement DWGS 9-8-22”. Carpet Replacement in rooms as indicated by the area highlighted in yellow. Second Floor Overall Plan for Carpet Replacement 4 AGENDA ITEM #13.A.1. Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 109 of 224 KFRC Carpet Replacement Project Base Bid 43,042.64$ Alt 1 47,889.20$ KIB 3,000.00$ 93,931.84$ total AGENDA ITEM #13.A.1. Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 110 of 224 AGENDA ITEM #13.A.1.Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Off...Page 111 of 224 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 3, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Contract No. FY2023-27 Completion Of The Peterson HVAC And Roof Replacement Project With Jensen Yorba Wall ORIGINATOR: Dave Conrad, Interim Borough Manager RECOMMENDATION: Move to authorize the manager to approve Contract No. FY2023-27 completion of the Peterson HVAC and roof replacement project with Jensen Yorba Wall. DISCUSSION: This contract adjustment will fund the completion from the present 65% design and drawing phase to 95% design, specification, and preparation of the bid proposal package for advertisement for competitive bid. ALTERNATIVES: Decline the proposal and seek alternate methods of repair or replacement. FISCAL IMPACT: $69,074 for !00% design, drawings, bid documents and services during bidding and construction. OTHER INFORMATION: AGENDA ITEM #13.A.2. Contract No. FY2023-27 Completion Of The Peterson HVAC And Roof Replacem...Page 112 of 224 Jensen Yorba Wall Architecture Interior Design Construction Management Page 1 of 1 522 West 10th Street, Juneau, Alaska 99801 907.586.1070 jensenyorbawall.com Designing Community Since 1935  Date:October18,2022 To:DaveConrad,KIBDirectorofEngineeringandFacilities From:CoreyWall Re:KIBSDPetersonElementaryReͲRoof(JYWNo.21013) 100%CDs,BiddingandCADesignFeeProposal   Pleasefindattachedourfeeproposalfor100%ConstructionDocument,BiddingandConstruction AdministrationdesignservicesrelatedtotheKIBPetersonElementarySchoolReͲRoofProject.Theprojectwill becompletedaspartofourexistingtermcontractwithKIB.  Projectincludes: x 100%ConstructionDocuments o Comprehensiveroofreplacementofexisting48,800sfbuilding. o ReplacementofexistingroofͲtopductwork&equipmentsimilartoexistingconfiguration. DuctworkwillhaveimproveddesigntoweatherͲproofandinsulatemechanicalitems. o OnealternatetoaddanewmembraneovertheexistingPVCmembraneportionofthe building. x Professionalcostestimationat95%level. x PresentationstoARBandotherstakeholdersat95%phasecompletion.  Pleasenote: x ProposalassumesthedesignwillbesimilarinscopetotheJuly1,2022DDͲleveldocuments. x Proposaldoesnotstructuraldesignwork.WiththedecisiontoreplacetheroofͲtopmechanical equipmentintheexistingconfiguration,structuralupgradestothebuildingshouldnotberequired. x Proposaldoesnotincludehazmattestingorabatement.Ifthisworkisrequired,itcanbeadded duringtheconstructiondocumentationdesignwork.   Thanksagainforthisopportunity.Welookforwardtoworkingwithyou.  Sincerely,   CoreyWall,AIA AGENDA ITEM #13.A.2. Contract No. FY2023-27 Completion Of The Peterson HVAC And Roof Replacem...Page 113 of 224 DESIGN SERVICES PROPOSALSUMMARYProject:  KIBSD Peterson Elementary Re‐RoofJYW Project No.:SERVICES FEE TYPE EXPENSES TAX TOTALPre‐Design $0 Lump sum $0 $0 $0Site Analysis $0 Lump sum $0 $0 $0Schematic Design $17,300 Previous Phase $0 $0 $17,300Design Development $45,786 Lump sum $0 $0 $45,786Construction Documents $29,114 Lump sum $0 $0 $29,114Bidding and Negotiations $3,577 Time/Expense $0 $0 $3,577Construction Administration $31,440 Time/Expense $4,943 $0 $36,383Construction Observations $0 Time/Expense $0 $0 $0TOTAL$132,16021013G:\_Projects\21013\0 Scope & Fees\21013 Petersen Elem Roof.xlsxSUM 310/18/2022AGENDA ITEM #13.A.2. Contract No. FY2023-27 Completion Of The Peterson HVAC And Roof Replacem...Page 114 of 224 DESIGN SERVICES PROPOSALCONSTRUCTION DOCUMENT SERVICES Project:KIBSD Peterson Elementary Re‐RoofJYW Project No.:Exec A Cler A ACCSTAFF:PMgr A‐III A‐II A‐I Int III Int II ID‐III ID‐II ID‐ICM‐III CM‐II CM‐ID‐II D‐IEACA ATOTAL$170 $140 $125 $110 $95 $85 $140 $115 $65 $140 $120 $95 $95 $85 $80 $40 $85ARCHITECTURE:Project Management6Research / ArchivesCode Analysis4Construction Doc DwgsCover / Site Plan24Plans24Sections / Elevations24Details1212Outline Specifications12Cost Estimate Coordination4Meetings / Presentations2Quality Control2SubmittalSubtotal Hours480000000000024000072Subtotal Dollars $8,160000000000002,2800000$10,440CONSULTANTS:Civil EngineeringStructural EngineeringMechanical Engineering $7,320Electrical Engineering $4,660Hazardous Materials EngineeringLandscape Architecture$4,996Subtotal $16,976Overhead/Profit 10% $1,698Consultants Total Labor $18,674Subtotal Construction Document Services LABOR$29,114Subtotal Construction Document Services REIMBURSABLES (see attached)$0TOTAL CONSTRUCTION DOCUMENT SERVICES FEE$29,114Cost EstimatingInterior Design21013ArchitectConstruction Manage.Drafter21013 Petersen Elem Roof.xlsx‐50 CD 1010/18/2022AGENDA ITEM #13.A.2. Contract No. FY2023-27 Completion Of The Peterson HVAC And Roof Replacem...Page 115 of 224 DESIGN SERVICES PROPOSALBIDDING AND NEGOTIATION SERVICES Project:KIBSD Peterson Elementary Re‐RoofJYW Project No.:Exec A Cler A ACCSTAFF:PMgr A‐III A‐II A‐I Int III Int II ID‐III ID‐II ID‐ICM‐III CM‐II CM‐ID‐II D‐IEACA ATOTAL$170 $140 $125 $110 $95 $85 $140 $115 $65 $140 $120 $95 $95 $85 $80 $40 $85ARCHITECTURE:Project Management2Disc Coor/Doc ReviewAgency Consul/RevSchedule Dev/MonitoringPre Bid Meeting22Bidding MaterialsAddenda48Bidding/NegotiationAnalysis of Alts/SubsSpecial BiddingBid EvaluationConstruction ContractSubtotal Hours8000000002008000018Subtotal Dollars $1,36000000000280007600000$2,400CONSULTANTS:Civil EngineeringStructural EngineeringMechanical Engineering $680Electrical Engineering $390Hazardous Materials EngineeringLandscape ArchitectureSubtotal $1,070Overhead/Profit 10% $107Consultants Total Labor $1,177Subtotal Bidding and Negotiation Services LABOR$3,577Subtotal Bidding and Negotiation Services REIMBURSABLES (see attached)$0TOTAL BIDDING AND NEGOTIATION SERVICES FEE$3,57721013ArchitectConstruction Manage.DrafterInterior Design21013 Petersen Elem Roof.xlsx‐60 Bid 1110/18/2022AGENDA ITEM #13.A.2. Contract No. FY2023-27 Completion Of The Peterson HVAC And Roof Replacem...Page 116 of 224 DESIGN SERVICES PROPOSALCONSTRUCTION ADMINISTRATIONProject:KIBSD Peterson Elementary Re‐RoofJYW Project No.:Exec A Cler A ACCSTAFF:PMgr A‐III A‐II A‐I Int III Int II ID‐III ID‐II ID‐ICM‐III CM‐II CM‐ID‐II D‐IEACA ATOTAL$170 $140 $125 $110 $95 $85 $140 $115 $65 $140 $120 $95 $95 $85 $80 $40 $85ARCHITECTURE:Project Management8Conformed Documents4Pre‐Construction Conf22Submittal Review16RFIs/RFPs/CO'S32 8Field Ob & Report82 @ 12 hours24Notice of Deficencies2Substantial Compl & Report41 @ 12 hours12Final Completion & Report41 @ 12 hours12As Built Drawings4Subtotal Hours28000000009800160000142Subtotal Dollars $4,7600000000013,720 0 0 1,5200000$20,000CONSULTANTS:Civil EngineeringStructural EngineeringMechanical Engineering $5,910Electrical Engineering $4,490Hazardous Materials EngineeringLandscape ArchitectureSubtotal $10,400Overhead/Profit 10% $1,040Consultants Total Labor $11,440Subtotal Construction Administration Services LABOR$31,440Subtotal Construction Administration Services REIMBURSABLES (see attached)$4,943TOTAL CONSTRUCTION ADMINISTRATION SERVICES FEE$36,383Interior Design21013ArchitectConstruction Manage.Drafter21013 Petersen Elem Roof.xlsx‐70 CA 1210/18/2022AGENDA ITEM #13.A.2. Contract No. FY2023-27 Completion Of The Peterson HVAC And Roof Replacem...Page 117 of 224 DESIGN SERVICES PROPOSALREIMBURSABLE EXPENSESJYW Project No.:KIBSD Peterson Elementary Re‐RoofJYW Project No.: 2101310 20 30 40 50 60 70 80PHASE: Pre‐D Site SD DD CD BID CA CO TOTALTRAVELArch Trips000000404Cost$0$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,200.00 $0.00 $3,200Civil Trips000000000Cost$0$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0Struct Trips000000000Cost$0$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0Mech Trips000000000Cost$0$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $647.00 $0.00 $647Elect Trips000000000Cost$0$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $647.00 $0.00 $647Other Trips000000000Cost$0$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0Subtotal $0 $0 $0 $0 $0 $0 $4,494 $0 $4,494PER DIEMArch No. Days000000000Civil No. Days000000000Struct No. Days000000000Mech No. Days000000000Elect No. Days000000000Other No. Days000000000Rate$0000000000Total $0$0$0$0$0$0$0$0 $0PRINTING/COPYING11 x 17 Copy No. Sheets000000000Rate$0.25$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00Letter Copy: No. Sheets000000000Rate$0.15$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00Total $0$0$0$0$0$0$0$0 $0SCANSRate$0 $0 $0 $0 $0 $0 $0 $0$0CD'sRate$0 $0 $0 $0 $0 $0 $0 $0$0POSTAGE/COURIERRate$0 $0 $0 $0 $0 $0 $0 $0$0MISSCELANEOUSRate$0 $0 $0 $0 $0 $0 $0 $0$0ENGIN REIMBRate$0 $0 $0 $0 $0 $0 $0 $0$0RENDERINGSRate$0 $0 $0 $0 $0 $0 $0 $0$0OH/P10% $0 $0 $0 $0 $0 $0 $449 $0 $449TOTAL REIMBURSABLES$0 $0 $0 $0 $0 $0 $4,943 $0 $4,94321013 Petersen Elem Roof.xlsx-Reimb1410/18/2022AGENDA ITEM #13.A.2. Contract No. FY2023-27 Completion Of The Peterson HVAC And Roof Replacem...Page 118 of 224 670 W. Fireweed Ln, Ste 200 Anchorage, AK (907) 276-0521 l www.rsa-ak.com Mechanical & Electrical Engineers October 18, 2022 Jensen, Yorba, Wall 522 W. 10th Street Juneau, AK 99801 ATTENTION: Corey Wall Dear Corey, REFERENCE: KIB Peterson ES Roof Replacement – 100% Design and CA Mechanical and Electrical Engineering Fee Proposal RSA Engineering is pleased to offer a fee proposal for mechanical and electrical engineering services for the referenced project. We have based our scope of work on the following assumptions: General: • We will take the current 65% re-roof design and complete it, pursuing Option 1 for the replacement of the existing relief air fan and ductwork on the roof one-for-one. • Mechanical design will also include removing mechanical hoods/fans and extending curbs to accommodate the new thicker roof system, plumbing vent modifications, and replacement of roof drains and/or overflow drains. • Electrical design will include power disconnect/reconnect to all mechanical equipment, as well as additional circuit(s) for the new roof-mounted AHU and service vestibule if required. • Deliverables: We will provide two design submittals, 95% Construction Documents, and 100% Bid Documents. • Cost Estimate Review: We will review and provide comments of a cost estimate (by others) on the 95% Construction Documents. • Specifications will be prepared using CSI Master Format as part of a bound project manual. • Bid phase services include responding to bidder questions and preparation of addenda material. • In-office Construction phase services include submittal review, DCVR review/response, review of operation and maintenance manuals and preparation of record drawings based upon contractor generated redline mark-ups • On-site Construction phase services include 1 mechanical and 1 electrical inspection. • Design services will be provided on a lump sum fee basis. Bid and construction phase services will be provided on a time and expenses (T&E) basis. Exclusions: • We have not included design for Option 2 of the project which consists of replacing the indoor air handler with a roof top mounted unit. • Travel delays are not included in our fee for site visits outside of Anchorage. Travel delays will be billed up to 8 hours per day of actual time including reimbursable expenses incurred. • Commissioning services, LEED services, and cost estimation services are not included in our proposal. AGENDA ITEM #13.A.2. Contract No. FY2023-27 Completion Of The Peterson HVAC And Roof Replacem...Page 119 of 224 October 18, 2022 Page 2 of 2 RSA proposes the following fees for this project: Project Deliverables Mechanical Electrical Expenses Total 95% Construction Documents $4,750.00 $2,740.00 $0.00 $7,490.00 100% Bid Documents $2,570.00 $1,920.00 $0.00 $4,490.00 Design Subtotal (Lump Sum): $7,320.00 $4,660.00 $0.00 $11,980.00 Bid Phase $680.00 $390.00 $0.00 $1,070.00 In-Office C/A $3,870.00 $2,930.00 $0.00 $6,800.00 Site Inspections $2,040.00 $1,560.00 $1,294.00 $4,894.00 C/A Subtotal (T&E): $6,590.00 $4,880.00 $1,294.00 $12,764.00 GRAND TOTALS: $13,910.00 $9,540.00 $1,294.00 $24,744.00 Please review and advise if this proposal is acceptable by sending us notice to proceed or contract. We look forward to working with you on this project. Sincerely, Brian Pekar, P.E. Vice President, Principal Mechanical Engineer bpp/mrb/db/hhm 22-0488/M2030 AGENDA ITEM #13.A.2. Contract No. FY2023-27 Completion Of The Peterson HVAC And Roof Replacem...Page 120 of 224 4103 Minnesota Drive Anchorage, AK 99503 P: 907.561.1653 F: 907.562.0420 mail@hmsalaska.com Fee Proposal Prepared For: Jensen Yorba Wall, Inc. 522 West 10th Street Juneau, Alaska 99801 Attn: Corey Wall Project:Peterson Elementary School Re-Roof Location:Kodiak, Alaska 1. Project Description and Service Provide a 95% design cost estimate to re-roof approximately 48,800 SF of roof area including roofing, replacement of roofing equipment and ductwork, new flashings, roof detail at penetrations, and an alternate to install over existing roof membrane. The estimate will be in Uniformat Elemental Categories and priced for construction on a date to be determined. 2. Fee Breakdown and Schedule (Lump Sum) 95% Design Estimate $ 4,996.00 Within (10) Full Working Days The above fee does not include preparation of additive bid items or alternates. See 3. Terms below. Allow the above full working days to provide the proposed services. Time for task completion will begin following receipt of all available design information for that particular phase. Please note the above durations exclude weekends, holidays and partial days. Please give two weeks advance notice for commencing each phase of work. 3. Terms Deliverable: HMS Inc. will provide a copy of our estimate via email in a PDF file format or in Excel, if necessary. Should a hard copy of the estimate be necessary, at your request, a bound or loose copy will be provided to you. Drawings: Architect/Engineer shall provide HMS Inc. with full size, correct scale drawings, along with an electronic set (PDF format preferred). Should these not be provided, it may be necessary to increase our fee proposal and add additional days to complete our work. Should it be necessary, HMS Inc. has the capability to print one or two drawings, however, depending on the quantity, an additional charge may be added at $4.00/sheet. Additive Bid Items or Alternates: Our fee proposal does not include preparing estimates for additive bid items or alternates (except those included in Section 2 Fee Breakdown) that require re-measurement of work items included in the Base Bid cost estimate. We reserve the right to renegotiate our fee should alternates become necessary beyond one or two minor alternates or additive bid items. DATE 10/18/2022 FEE PROPOSAL NO. P22-10-14 21094 HMS PROJECT NO. Page 1 of 3 AGENDA ITEM #13.A.2. Contract No. FY2023-27 Completion Of The Peterson HVAC And Roof Replacem...Page 121 of 224 4103 Minnesota Drive Anchorage, AK 99503 P: 907.561.1653 F: 907.562.0420 mail@hmsalaska.com DATE 10/18/2022 FEE PROPOSAL NO. P22-10-14 21094 HMS PROJECT NO. 3. Terms (Continued) Reimbursable Expenses: This fee proposal does not provide for long distance phone calls, site visits, meetings with the owner, or any other unforeseen expenses unless listed in Section 2. Fee Breakdown. Any such items, if required, will be charged on a time-and-expense basis at our current rate schedule. Penalty/Bonus Condition: This proposal is made on the understanding that we will not be entering into an agreement with the client that includes a penalty/bonus condition dependent on the outcome of the bid. Should such a clause be required, we reserve the right to modify our proposal or possibly withdraw from the project. Additional Insured: Any requirements to name additional insureds on our insurance policies may be subject to additional fees should fees be added to our policy by our carrier. Payment Terms: Payment shall be made within (45) days of invoice date. Delayed payment beyond that period is subject to a 1.5% fee per month. Expiration Date: This fee proposal is valid for (6) months from the date of issue. HMS Inc. reserves the right to adjust the fee to incorporate the current years rates after the (6) month period. Change in Scope: Should the project scope or format change, HMS Inc. reserves the right to modify this proposal. Written approval for work on increased scope items prior to proceeding with additional work will be required. Notice to Proceed: Designer/owner will provide written notice to proceed. Delivery of documents is not considered a notice to proceed. Prepared By: Kent Gamble, Principal KG/km Page 2 of 3 AGENDA ITEM #13.A.2. Contract No. FY2023-27 Completion Of The Peterson HVAC And Roof Replacem...Page 122 of 224 4103 Minnesota Drive Anchorage, AK 99503 P: 907.561.1653 F: 907.562.0420 mail@hmsalaska.com Project:Peterson Elementary School Re-Roof A/E Firm: Location:Kodiak, Alaska Prepared By:Kent Gamble, Principal Discipline Rate Hours Subtotal 95% Design Estimate: Estimator V 183.00 x 1 =183.00 Estimator IV 159.00 x 17 =2,703.00 Estimator III 149.00 x 12 =1,788.00 Estimator II 127.00 x 0 =0.00 Estimator I 86.00 x 0 =0.00 Office Support II 86.00 x 3 =258.00 Office Support I 64.00 x 1 =64.00 Total 95% Design Estimate:34 Hours $ 4,996.00 TOTAL:34 Hours $ 4,996.00 21094 Jensen Yorba Wall, Inc. Hours Fee FEE BREAKDOWN Total Total (2022 SCHEDULE OF RATES) DATE 10/18/2022 P22-10-14 HMS PROJECT NO. FEE PROPOSAL NO. Page 3 of 3 AGENDA ITEM #13.A.2. Contract No. FY2023-27 Completion Of The Peterson HVAC And Roof Replacem...Page 123 of 224 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 3, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Rebel Strike, LLC. ORIGINATOR: Dave Conrad, Interim Borough Manager RECOMMENDATION: Move to authorize the Manager to award Contract No. FY2023-28 bid to Rebel Stike, LLC. for the Bayside Fire Response Vehicle procurement in the amount of $247,264. DISCUSSION: Bayside Fire Chief Lee Finlayson and the Fire Protection Area 1 Board (FPA1) have decided they would like to purchase a new truck as a fire response vehicle for the Bayside fire station. FPA1 published an invitation to bid on June 17, 2022, but the bid process failed due to supply chain issues and availiablity of vehicles. After discussion with the Borough Attorney, the FPA1 was allowed to send a deposit to vendors that currently had a vehicle that met specifications to hold it while the bidding process was progressing. They re-published the bids on September 2, which was a successful bid. There were two bidders that submitted full bid packages; one was sent the deposit to hold the vehicle, the other was not. The FPA1 held a meeting on October 18, 2022, and a special meeting on October 24th, 2022, to evaluate the bidders' qualifications and specifications. It was decided that Rebel Strike was the lowest bidder and therefor more qualified. ALTERNATIVES: 1. Take no action. 2. Authorize Staff to move forward with the purchase of the Fire Response Vehicle. FISCAL IMPACT: Fire Protection Area 1 have budgeted $350,000 for the purchase of a mini pumper FY2024. With the mini-pumper bid process failing and this response vehicle being available they have plenty of funds to purchase the fire response vehicle now instead of a mini-pumper in FY2024. OTHER INFORMATION: AGENDA ITEM #13.A.3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Re...Page 124 of 224 A B C D E F Base Bid Shipping Tonkin 250,000.00$ Rebel Strike 247,264.00$ Kodiak Island Borough Bid Tabulation BFD Vehicle Purchase Bid Opening: 9/30/2022 - 2:00 pm Spreadsheet Created by P.Valerio 10.5.2022 AGENDA ITEM #13.A.3.Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Re...Page 125 of 224 Kodiak Island Borough Equipment Purchase Agreement Contract FY2023-28 Bayside Fire Response Vehicle Procurement Page 1 of 9 KODIAK ISLAND BOROUGH AGREEMENT FOR EQUIPMENT PURCHASE – BAYSIDE FIRE RESPONSE VEHICLE Contract No. 2023-28 THIS AGREEMENT made this by ____ day of _____________, 2022, between the Kodiak Island Borough, acting by and through its Borough Manager, party of the first part, and Rebel Strike, LLC., hereinafter called the Distributor. WITNESSETH: That the Distributor, for and in consideration of the payment or payments her ein specified and agreed to by the party of the first part, hereby covenants and agrees to furnish a FIRE RESPONSE VEHICLE for the Kodiak Island Borough per the Specifications [part of the Contract Documents] for same and for the sum of two hundred forty-seven thousand, two-hundred sixty-four & 00/100 ($247,264.00) Dollars. The Distributor further covenants and agrees that the manufacturing of said Fire Response Vehicle shall be done to the complete satisfaction of the Kodiak Island Borough, subject to inspection at all times and approval by any participating agency of the Government of the United States of America, and in accordance with the laws of the State of Alaska and rules and regulations of said Federal Agency. The Distributor further covenants and agrees that the manufacturing of said Fire Response Vehicle shall be done and performed in the best and most workmanlike manner and that all and every of said materials and labor shall be in strict and entire conformity in every respect with the Specifications. Distributor will abide by and perform all stipulations, covenants, and agreements specified in the Contract Documents, all of which are by reference hereby made a part of this Contract, as to all premises therein. In the case of any said materials or labor shall be rejected by the Borough Manager or his assistant or authorized representative, as defective or unsuitable, then the said materials shall be removed or replaced with other approved materials and the said labor shall be done anew to the satisfaction and the approval of the Borough Manager or his representatives, at the cost and expense of the Distributor. To the fullest extent permitted by law, the Distributor agrees to defend, pay on behalf of, indemnify and hold harmless the Kodiak Island Borough, its elected and appointed officials, employees and volunteers and others working on behalf of the Kodiak Island Borough against any and all claims, demands, suits or loss, including all costs connected therewith, and for any damages which may be asserted, claimed or recovered against or from the Kodiak Island Borough, its elected and appointed officials, employees, volunteers or others working on behalf of the Kodiak Island Borough, by reason of personal injury, including bodily injury or death and/or property damage, including loss of use thereof, which arises out of or is in any way connected or associated with this Agreement. AGENDA ITEM #13.A.3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Re...Page 126 of 224 Kodiak Island Borough Equipment Purchase Agreement Contract FY2023-28 Bayside Fire Response Vehicle Procurement Page 2 of 9 The agreement entered into by the acceptance of the Distributor's bid and the signing of this Agreement consists of the following documents all of which are component parts of said Agreement and if not attached, are to be treated as attached. 1. Agreement 2. Invitation for Bids 3. Specifications In the event of any conflict or inconsistency between any of the foregoing documents, the conflict or inconsistency shall be resolved upon the basis of the numerical order. The document or documents assigned the small number or numbers being controlling over any documents having a larger number in the numerical order set forth above. The Distributor further covenants and agrees that said Fire Response Vehicle shall be furnished and delivered to the satisfaction of the herein aforementioned Borough Manager, on or before DATE TO BE DETERMINED. It is expressly understood and agreed that in case of the failure on the part the Distributor for any reason, except with the written consent of the Borough Manager, to complete the furnishing and delivery of said Fire Response Vehicle before the aforesaid date, the party of the first part shall have the right to deduct from any monies due or which may become due the Distributor, or if no monies shall be due, the party of the first part shall have the right to recover One Hundred Dollars ($ 100) per day for each and every calendar day elapsing between the time stipulated, and the actual date of delivery in accordance with the terms thereof: said deduction to be made, or said sum to be recovered not as penalty, but as liquidated damages. Provided, however, that upon receipt of written notice from the Distributor of the existing causes over which said Distributor has no control and which must delay the delivery of Fire Response Vehicle, the Borough Manager may at his discretion, extend the period herein before specified for the delivery of the said Fire Response Vehicle, and in such case the Distributor shall become liable for said liquidated damages for delays commencing from the date on which said extended period shall expire. The Distributor hereby agrees to receive the prices set forth in the bid as full compensation for delivering the Fire Response Vehicle to complete said Agreement to the satisfaction of the Borough Manager. It is further distinctly agreed that the Distributor shall not assign this contract, or any part thereof or any right to any of the monies to be paid to a third party. Payment for services rendered under this Agreement shall be made by the Kodiak Island Borough within thirty [30] days of delivery, acceptance by the Kodiak Island Borough and invoicing by Distributor. AGENDA ITEM #13.A.3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Re...Page 127 of 224 Kodiak Island Borough Equipment Purchase Agreement Contract FY2023-28 Bayside Fire Response Vehicle Procurement Page 3 of 9 IN WITNESS WHEREOF, The Kodiak Island Borough Manager, by authority in him/her vested, has executed this contract on behalf of the Kodiak Island Borough, and the Rebel Strike, LLC. have hereunto set their hands and seals, the day and year first above written. The terms of this agreement shall be being ____ day of ___________________, 2022. ACKNOWLEDGMENTS Wherefore the parties have entered into this Agreement the date and year first above written. KODIAK ISLAND BOROUGH: Date:____________________ By:_____________________________ David Conrad Interim Borough Manager ATTEST: By:_____________________________ Nova M. Javier Borough Clerk APPROVED AS TO FORM: By :_____________________________ Scott A. Brandt-Erichsen Borough Attorney CONTRACTOR: Date:_____________________ By:_____________________________ [Name] Rebel Strike, LLC., Owner/Operator AGENDA ITEM #13.A.3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Re...Page 128 of 224 Kodiak Island Borough Equipment Purchase Agreement Contract FY2023-28 Bayside Fire Response Vehicle Procurement Page 4 of 9 APPENDIX C SPECIFICATIONS GENERAL SPECIFICATION: It is the purpose of this specification to describe a Fire Response Vehicle powered, All/four-wheel drive, crew cab, trailer tow package of the manufacturer's latest current model and design. Unit shall include all standard equipment and accessories as advertised in manufacturer's specification sheet of model offered, unless otherwise specified herein. APPLICATION: General standard Fire Response Vehicle pickup vehicle application. TYPICAL UNITS: Dodge Ram 5500 or Ford F-550 or Equivalent, pre-approved equivalent provided all the following minimum specifications are met. 1.0 POWER TRAIN: 1.1 Engine: 1.1.1 Diesel – Standard- Range of 300 mile range minimum 2.0 DRIVE TRAIN: 2.1 Transmission: 2.1.1 Power shift at least six speeds, forward and reverse. 2.2 Axles: 2.2.1 4-wheel drive 2.3 (Place Holder) 3.0 CHASSIS: 3.1 Operating weight one ton or higher. 3.2 Crew cab, four door 3.3 Tires: 3.3.1 Super Single Tires, dually, or equivalent 3.3.2 Spare Tire with Mounted Wheel: To be same as above with mounted wheel 3.4 Tow package w/ tow technology package or equivalent 3.5 18 HP or greater Wildland Pump (Hale, Waterous, or Darley) 3.5.1 Water and Foam Pumps capable of 100gpm at minimum with foam application 3.5.2 Pump to be Foam Ready out of each line provided. 3.5.4 Foam Cell to be 10 Gallon or greater capacity. 3.5.5 Water tank capacity to be 300 gallons or greater. 3.6 Hose configuration 100’ of 1” Wildland Hose 3.7 Aluminum flatbed (Not Steel) 3.8 (Place Holder) 4.0 ELECTRICAL SYSTEM: 4.1 Master electrical switch to cut off all power source from battery to starter and remainder of electrical system with full factory warranty. 4.2 Lighting System: Standard OEM 4.2.1 Compartment spaces to have LED lighting. 4.3 Siren System: OEM for Emergency Services 4.4 (Place Holder) AGENDA ITEM #13.A.3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Re...Page 129 of 224 Kodiak Island Borough Equipment Purchase Agreement Contract FY2023-28 Bayside Fire Response Vehicle Procurement Page 5 of 9 5.0 CAB: 5.1 Standard OEM 5.2 Recirculating personnel heater (Minimum 30,000 BTU) and defroster(s). Defroster(s) to be zoned to windshield wiper area(s), minimum. 5.3 Front window wipers and washers. OEM motor and intermittent feature on front minimum. 5.4 Sun visors. 5.5 Seating: 4 or more capacity. 5.6 Lockable doors. 5.7 Mirrors standard OEM or greater. 5.8 Horn 5.9 Air Conditioning capability to OEM standard. 5.10 Emergency LED Lighting to NFPA standard. 5.11 Siren, electronic 5.12 (Place Holder) 6.0 INSTRUMENTATION: 6.1 All gauges as noted below shall read in U.S. units of measure (not metric) at time of delivery. 6.2 Gauges and/or indicators, OEM 6.3 Forward Collision warning 6.4 (Place Holder) 7.0 MISCELLANEOUS: 7.1 Key FOB 7.1.1 Three (3) sets of keys, minimum, to be provided. 7.2 Backup Alarm: Electronic, 7.3 Fire decals and emergency lighting to be provided. 7.3.1 Reflective striping 4” 7.4 Paint OEM standard. 7.5 Publications: 7.5.1 To include parts, service, and operator's manuals. 7.6 Heavy duty front bumper or brush guard. 7.7 Front bumper turret with remote control joystick mounted inside the cab. 7.8 (Place Holder) SPECIAL TERMS AND CONDITIONS 8.0 DELIVERY: 8.1 Pre-delivery service: Prior to delivery, each vehicle, piece of equipment or attachment shall be serviced and inspected by the dealer or his agent. A certification of this inspection must include the following (as applicable to the type of equipment): 8.1.1 Dealer and vehicle identification 8.1.2 Check-off of service and inspection performed including a list of all fluids including type, weight and specification that are in the equipment as delivered for all fluid compartments. 8.1.3 The vehicle’s differential and transmission, and other fluid compartments shall be filled to the manufacturer’s recommended capacity. 8.1.4 Battery system shall be charged to at least register a full on the gauge, unless restricted by the commercial carrier, when vehicle arrives at the delivery location. AGENDA ITEM #13.A.3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Re...Page 130 of 224 Kodiak Island Borough Equipment Purchase Agreement Contract FY2023-28 Bayside Fire Response Vehicle Procurement Page 6 of 9 8.1.5 The vehicle shall be clean and free from defects when delivered and should be ready for immediate and continued use upon delivery. 8.1.6 Units delivered in an incomplete state, or that have deficiencies per the specification, are subject to the damage charges as noted in paragraph below. 9.0 WARRANTY: 9.1 Standard Warranty Package: Unless otherwise stipulated by this contract, the contractor will provide a full warranty. 9.1.1 Full (100%) Parts and Labor Warranty Coverage of all components for the full factory warranty, from the date the unit is placed in service. 9.1.2 Full Warranty Coverage includes all cost of labor, parts, freight of parts or associated tools, transportation and travel, lubricants, miscellaneous cost, etc., to place the unit in like-new condition. 9.1.3 Should the manufacturer’s standard warranty exceed the minimum Borough warranty requirements, the manufacturer’s warranty will run in conjunction with and enhance the Borough’s warranty, then continue for the remainder of its term. 9.2 General Warranty Requirements for all Equipment: 9.2.1 Warranty Exceptions: 9.2.1.1 For clarification, warranty does not apply to normal wear and tear or maintenance items, accident damages, misuse of equipment or failure to operate or maintain equipment as prescribed by vendor/manufacturer. 9.2.2 Warranty on Attachments: Same as Standard Warranty Package. 9.2.3 In-Service Date: 9.2.3.1 Warranty on vehicles not placed in service immediately upon receipt because of time lag to construct body components and/or installation of special equipment, or due to seasonal usage or other delay, shall be warranted from the date the vehicle is placed in service. The receiving agency shall notify the vendor/manufacturer in writing of the actual "in service" date. Notification of the requirement for delayed warranty will be provided on delivery orders whenever possible. 9.2.4 Authorized Warranty: For the purpose of this contract, the contractor must meet the following applicable requirements: 9.2.4.1 Contractor must: 9.2.4.1.1 possess a current Alaska Motor Vehicle Dealer License pursuant to AS 08.66.010 through AS 08.66.090, when offering motor vehicles, trailers or semi-trailers, and. 9.2.4.1.2 be a manufacturer(s) authorized warranty service dealer for the unit, a minimum of one year, and. 9.2.4.1.3 have the capability of providing warranty servicing and repair work within the State of Alaska, with an authorized warranty repair facility in Anchorage or Fairbanks, as a minimum. 9.2.4.2 Contractor, if appropriate, shall submit the name, address, Alaska business license of any subcontractor who will provide the warranty servicing and repair work referenced in paragraph above. The contractor must also provide contractual documentation or agreements with the subcontractor ensuring the Borough that the subcontractor will provide complete contract performance on behalf of the contractor as AGENDA ITEM #13.A.3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Re...Page 131 of 224 Kodiak Island Borough Equipment Purchase Agreement Contract FY2023-28 Bayside Fire Response Vehicle Procurement Page 7 of 9 set forth in the Bid and verification that the work provided will maintain manufacturer’s warranty requirements. 9.2.4.2.1 Approval of all subcontractors must take place prior to the bid opening. 9.2.4.2.2 The use of a subcontractor does not exclude the provisions as noted requirements of the contractor. 9.2.5 Warranty Claims: 9.2.5.1 Warranty will be provided at the unit’s assigned (in-service) location. Because of the remote location of some equipment, it is not always practical to deliver equipment to authorized warranty repair facilities. In these cases, the contractor may perform warranty work at the Borough's location or, the Borough, at its discretion, reserves the right to perform the warranty work and be reimbursed by the vendor. 9.2.5.2 The Borough has established a warranty procedure whereby the contractor is to be notified via letter, fax, email, etc. that warranty work needs to be performed. If time is of the essence, a telephone call confirmed by one of the above written procedures may be utilized. The contractor must notify the Borough immediately that it will begin to perform the warranty work at the equipment location within 48 hours from receipt of written notification. The Borough may, at its discretion, proceed to make warranty repairs with its own workforce in the case of emergency situation or to preclude excessive downtime (greater than 48 hours). 9.2.5.3 Failure to notify the Borough that the contractor intends to begin to perform warranty work promptly under this paragraph, by the end of the business day following the Borough’s notification that work is required to be performed, is considered a contractual breach. 9.2.7 Factory Recall: 9.2.7.1 Nationwide factory recall or product update programs are the responsibility of the contractor and/or manufacturer. Because of the remoteness of some equipment this is not always practicable or economical. In such cases, factory recall and modification work will be handled the same as warranty work. Factory recall notices sent to the Borough should, in addition to serial number, include model, year, and dealer from who purchased. 10.0 PUBLICATIONS: 10.1 To include service, parts and operator’s manuals. 10.2 All manuals are to be pre-assembled in factory binders prior to delivery. 10.3 Publications are to be received by the Borough not later than 30 days after delivery of the unit. Delivery will not be considered complete until the publications for each unit have been received by the Borough. 10.4 Service Manuals: 10.4.1 Complete set(s), paper books and compact disc if available to include applicable information covering prime unit and attachments: 10.4.1.1 Body, chassis, and electrical 10.4.1.2 Motors, transmission, and differential(s) (service and rebuild) 10.4.1.3 Electrical and Vacuum troubleshooting 10.4.1.4 Wiring diagrams AGENDA ITEM #13.A.3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Re...Page 132 of 224 Kodiak Island Borough Equipment Purchase Agreement Contract FY2023-28 Bayside Fire Response Vehicle Procurement Page 8 of 9 10.4.1.5 Service specifications 10.4.1.6 Pump configurations with foam capabilities 10.5 Parts Manuals: 10.5.1 Complete set(s), paper books and electronic format if available to include prime unit and attachments, including updates. If updates are not provided during the one-year warranty period, the Borough will order them from the manufacturer and bill the contractor for the full cost, including shipping. 10.5.2 Parts manuals are to be customized by serial number. 10.6 Operator’s Manuals: Complete set(s) to include prime unit and attachments. 10.7 Quantities: Publications, when required, will be ordered on the same Purchase Order as the unit itself. 10.8 Manuals: To be delivered to, and receipt signed by person(s) as noted on the Purchase Order. 10.9 Service Bulletins, etc.: 10.9.1 The contractor must provide appropriate service bulletins, technical support bulletins, service letters, product support bulletins, and/or any other information type notifications that are sent out to the contractor or used by the manufacturer in the maintenance and report of the vehicle, equipment or attachments being provided. The intent of this clause is that the Borough be provided notification of any and all changes or improvements that may affect the maintenance, reliability, longevity, and safety of our equipment. 10.9.2 This information will be provided as soon as possible to person(s) as noted on the Purchase Order. 11.0 INSPECTIONS: 11.1 The Borough's inspection of all materials and equipment upon delivery is for the sole purpose of identification. Such inspection shall not be construed as final or as acceptance of the materials or equipment if materials or equipment do not conform to contract requirements. If there are any apparent defects in the materials or equipment at the time of delivery, the Borough will promptly notify the contractor thereof. Without limiting any other rights of the Borough, the Borough at its option, may require the contractor to: 11.1.1 Repair or replace at contractor's expense, any or all the damaged goods, 11.1.2 refund the price of any or all the damaged goods, or 11.1.3 accept the return of any or all the damaged goods. 11.2 Costs of remedying all defects, indirect and consequential costs of correcting same, and/or removing or replacing any or all the defective materials or equipment will be charged against the contractor. 12.0 REPLACEMENT PARTS: 12.1 The Borough shall expect the dealer or manufacturer to provide replacement wear parts to the Borough’s facilities within two (2) working days of order. All other parts must be available within ten (10) working days. 12.2 Back-order procedures: Back orders are acceptable; however, the ordering shop shall be apprised at time of original orders as to the expected delay in delivery. 12.3 Warranty: All products supplied by the contractor shall be warranted against defects in materials and workmanship for the full factory warranty, commencing at the time of installation if the installation is within 12 months of purchase. The cost of any defective product and the labor required to replace the defective product shall be the obligation of the contractor. AGENDA ITEM #13.A.3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Re...Page 133 of 224 Kodiak Island Borough Equipment Purchase Agreement Contract FY2023-28 Bayside Fire Response Vehicle Procurement Page 9 of 9 12.3.1 If the manufacturer’s warranty exceeds the stated warranty, then manufacturer’s warranty supersedes. 12.3.2 Parts Return: Within 12 months of purchase the Borough is to be allowed to return new parts with full refund fewer shipping charges. 12.3.3 Invoicing: Full description of item is required on all invoices, packing lists and billings. AGENDA ITEM #13.A.3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Re...Page 134 of 224 September 26, 2022 Rebel Strike LLC 1175 Center Point Dr Henderson NV 8907 4 RE: Bayside Fire Response Vehicle Procurement Good afternoon and thank you for the opportunity to submit a proposal for your fire response vehicle. Please see the enclosed bid form, detailed specifications and exceptions. Except as noted in the exceptions list, the submittal is in compliance with the bid specifications. Please feel free to inquire if you have an questions about the submittal. Brianr@firetrucksunlimited.com Sales 702-300-3715 AGENDA ITEM #13.A.3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Re...Page 135 of 224 Company Name: Rebel Strike LLC APPENDIX A BID FORM Representative Name: _B_ri_a_n_R_e.....::;y_b_u_rn _______ Title: Sales Address: 1175 Center Point Dr City: Henderson State: NV ---Zip Code: _8_9_07_4 __ _ Phone Number: 702-832-0277 Email address: brianr@firetrucksunlimited.com Total cost of fire response replacement vehicle shall not to exceed 250,000 USO this vehicle should be in the form of Wildland Fire Response Vehicle. Bids should be submitted to the Kodiak Borough Offices, 710 Mill Bay Road, Kodiak Alaska 99615: (if differences exist between the written and printed form, the written form shall prevail) Two Hundred Forty Seven Thousand, Two Hundred Sixty Four dollars --------"'-------'--------"---------(written) $$247,264.00 (printed) Bidder is required to acknowledge receipt of all addenda. Provide the number and date of each. Attach additional sheets if necessary. Addendum Number N/A Date I have read and understand the requirements of this Invitation for Bids and agree to comply except as noted below: Appendix A: Bid Form Bayside Fire Chiefs Response Vehicle Procurement Page 7 of 15 Date: 9/u/zz., AGENDA ITEM #13.A.3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Re...Page 136 of 224 Exceptions to the bid specifications 1. No liquidated damages language will be accepted 2. In-Service date shall be the date the vehicle is physically received by the Borough. 3. Rebel Strike does not have a Alaska Motor Vehicle Dealer License, a standard bill of sales and assigned title shall be provided, warranty repairs shall be facilitated by Rebel Strike personnel or contracted local repair facilities or the Borough's own workforce 2 AGENDA ITEM #13.A.3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Re...Page 137 of 224 PROPOSAL BAYSIDE FIRE RESPONSE VEHICLE PROCUREMENT Prepared For: BAYSIDE FIRE AND RESCUE 710 Mill Bay Road Kodiak, AK 9961 5 Attn: Lee Finlayson, Fire Chief Phone: (907) 486-9343 Email: lfinlayson@kodiakak.us Prepared By: REBEL Strike Henderson, NV 8907 4 Rebel Brush Trucks.com AGENDA ITEM #13.A.3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Re...Page 138 of 224 REBEL BRUSH TRUCKS DELIVER AWESOME PERFORMANCE IN EVERY APPL/CATION. FROM RAPID RESPONSE TO RUGGED TERRAIN, WE'VE GOT YA COVERED! REBEL brush trucks are the perfect solution for your department's wildland and rapid response needs. Our nation's largest fire departments trust their REBELS to perform in the most extreme situations year after year. When you choose REBEL, you get a solid brush truck that goes where Class A pumper just can't, and for a fraction of the price! HOW IT WORKS Customize Your Truck: We work with you to customize your truck to meet the specific needs of your department. EVTs Build Your Truck: Our certified EVTs build your truck at our facility. Your Project Coordinator will be in constant contact to keep you current with the build progress of your REBEL. Final Inspection & Delivery: Your team will visit our facility near Las Vegas to inspect your finished REBEL. We review the project scope together to ensure you are fully satisfied with the build. Your REBEL will be driven to your station or delivered via heavy hauler. Ongoing Support: You can count on REBEL Strike for support before, during and after the project. Every REBEL comes with a one-year warranty and any issues you may have will be immediately addressed by our support team. 2 AGENDA ITEM #13.A.3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Re...Page 139 of 224 WHY CHOOSE REBEL BRUSH TRUCKS? Best Price You get the most value for your money when you choose REBEL for your brush truck needs. Our goal is to have an ongoing relationship with your department, so we always give you the best price. Specialized Facilities Our facilities are specially designed for emergency vehicle builds and upfits which results in higher quality, faster turnaround, and lower costs for our customers. Top Equipment Brands We're partnered with all the industry leading equipment brands. The equipment on your REBEL will be top of the line! Best Warranty Your REBEL comes with an industry leading one-year warranty. In addition, all warranties offered by the manufacturers of new components are extended to you. Our nationwide service capabilities ensure any warranty claims you may have will be addressed asap. WHAT CUSTOMERS ARE SAVING Braxton Bittner Pinto Valley Mine Rescue ***** "From the moment I first emailed the company inquiring about a brush truck build, I was met with nothing but professionalism. They ensured that what I was envisioning in my mind about the truck I needed built was the truck that they would deliver as a finished product. Their communication about the build was always accurate and reliable. I received weekly progress photos of the build and knew exactly where the truck was in terms of completion. For the final product, it met and exceeded my expectations and the build quality from the engine bed, lights, down to the tires and suspension is all professionally installed with no flaws. The company is very impressive with the products and services they offer and provide. Great company to be partners with and have as a resource." 3 AGENDA ITEM #13.A.3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Re...Page 140 of 224 Clair Provost Wasatch Fire District * *** "Our experience with everyone was exceptional. Their customer service was exactly what you would expect for an A+ business, as well as taking care of the equipment. When we were at their facility we were treated like family. Thank you!" Randy Elliot Northern Cheyenne Fire ***** "Amazing, can't wait to buy and build another one. From top to bottom this is definitely a one stop shop for anything and everything a person would ever want In a fire truck." Greg Moon Hoopa Fire Department **** "Highest level of quality, customer service, and design. This is the truck that every wildland department wants. The community is proud of the apparatus and we are glad to work with Fire Trucks Unlimited again on our second build." John Galvan Pueblo of Jemez -Natural Resources Department ***** "First, it was great to have met face to face as a customer and vendor. Second, the site visit through the compound was a great learning experience. Third, the customer service was great and very comfortable. Last, overall great experience and inspection and paper work was easy. Thank you" Mark Dillon Pueblo of Jemez -Natural Resources Department ***** "The pre-build meeting addressed all our specifications for the vehicle and when we took delivery of the vehicle it was built to our specifications. Great customer service!" Eric Staten Unified Fire Authority **** "Fire Trucks Unlimited exceeded our expectations with the type 6 engines they built for us." 4 AGENDA ITEM #13.A.3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Re...Page 141 of 224 Bayside Fire and Rescue Department-2023 Dodge RAM 5500 Rebel Brush Truck New Build VIN: UNIT2859-NEWBUILD 50.01 General Information Quote: 12377 Estimate: 001861 Quote Date: 09/26/2022 Expires: 12/25/2022 The proposed apparatus will be constructed to withstand severe and continuous circumstances encountered during emergency firefighting operations. The apparatus shall be designed and constructed with consideration to the nature and distribution of the load to be sustained. This proposal details the general design criteria of the cab and chassis, fire body, fire pump, water tank, electrical components, paint and graphics, and equipment. All proposed items shall conform to NFPA 1906, latest edition. The Seller shall furnish satisfactory evidence of the ability to construct, supply service parts, and technical assistance for the proposed apparatus. 51.01 Seller Provided Chassis The Seller shall provide the following chassis: 2023 Dodge RAM 5500 Cab/Chassis, Crew Cab, 60" CA, 4X4, Diesel, OEM Red Package: 173.4" WB 6.7L 16 Cummins Turbo Diesel Engine 6-Spd Auto Aisin AS69RC HD Trans 52-Gallon Rear Fuel Tank Safety Group Forward-Collision Warning Paint/Seat/Trim: Flame Red Clear Coat Monotone Paint HD Vinyl 40/20/40 Spilt Bench Seat Black/Diesel Gray Options Included: Remote Keyless Entry Front Fog Lamps Red Seat Belts Transfer Case Skid Plate Shied 220 Amp Alternator Rear Backup Alarm ParkView Rear Back-up Camera Elec Shift-On-The-Fly Transfer Case Mopar Black Tubular Side Steps Mo ar Front & Rear Rubber Floor Mats 5 AGENDA ITEM #13.A.3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Re...Page 142 of 224 Chrome Appearance Group Manual DPF Regeneration 51.03 Front & Rear Super Single Wheels & Tires Tires: Five (5) 335/80R20 22PR severe service radial all terrain tread tires shall be provided. The tire weight rating shall be load range "M" and match the wheel rating. Wheels: Five (5) 20" x 11" ten-hole pattern wheels for off road application shall be prov ided. The weight rating shall be 6,750 lbs. each. Spare Tire/Wheel & Mount: The fifth wheel and tire is a spare and shall be mounted on top of the water tank. Vehicle shall have a 4-wheel alignment done after suspension modifications, tires and wheels have been installed . Proof of alignment will be provided . 51.04 Chassis Lift Kit RAM A 3" suspension lift kit shall be installed on the chassis. The system is designed to significantly increase wheel travel, in addition to giving the chassis increased ground clearance. Front fender flares shall be modified in order to install chassis lift kit. Included in the kit: CNC Precision Milled Aluminum 3" Front Coil Spacers Rear Leaf Spring 2" Lift Blocks Rear Spring U-Bolts Extended Front and Rear Sway Bar Links Adjustable greaseable "Extreme Control Link" rebuild-able upper control arms (moves front axle approx. 1" forward). "Extreme Control Link" rebuild-able lower arms (moves front axle approx. 1" forward) Rear shock extensions 51.06 Front Bumper & Brush Guard A heavy-duty bumper with brush guard shall be installed on the front of the apparatus. The complete assembly shall follow the chassis body lines and encompass the perimeter of the chassis front. The bumper shall be coated with a black powder coat finish. The bumper shall provide a solid mounting area for warning lights, speakers, and other specified equipment. 51.13 Chass is Protection Air Intake Ember Guards: The chassis air intake and cabin air filter shall be protected by an ember guard of 18 Mesh, 0.017-inch wire diameter, and a maximum mesh opening of 0.039 inches . The ember guard shall be sized to fit and located at the intake opening . The screen shall be readily accessible for inspection and maintenance. Fuel Line & Harness Protection: Any fuel lines or electrical harnesses below the chassis frame ra il s shall be protected with a fireproof sleeve . 52.02 Fire Apparatus Body REBEL 6 AGENDA ITEM #13.A.3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Re...Page 143 of 224 Body Mounting: Rubber Rail Cushion shall be 1" X 4" X 11" with a 65-durometer hardness rating. Attached cushion to the frame with 12 countersunk bolts 2.50" x 0.375" NC washers and Nylocks. A four position (2 springs each) springer body mounting system shall be used to mount the platform to the chassis. This system shall be designed to allow independent movement between the platform frame and the chassis frame protecting the module from the stresses and twisting rendered by the flexing of the chassis frame. The 2-spring top modules will be attached to the platform long sill with an electrolysis/corrosion barrier. The spring collapse shall be rated at 1250-lbs and 2" of collapse travel. All of the mounting hardware (nuts, bolts, washers) required for complete body installation shall be Grade 8. All nuts shall be self-locking style. All mounting components shall be painted black. Flatbed Construction: The apparatus body shall consist of a flatbed aluminum construction with overall dimensions of approximately 96" W X 111" L. The body shall be flat with+/-0.125" deviation over the entire length or width and shall be square with 0.125" or less offset from the opposite parallel side. Long Sills (LS): Two (2) Long Sills shall run full length in alignment with and perpendicular to the chassis frame rails. LS on bodies shall be rectangular c-channel aluminum alloy 4" H X 2" W X 0.25" wall thickness material. Cross Sill Member (CSM): CSM on bodies shall be rectangular C-channel aluminum alloy 4" H X 1.50" W X 0.18" wall thickness material. CSM shall be located on maximum 12" centers. CSM to LS welds shall be 1 00% of the length of the contact edges on two opposing sides of the LS. Outer Rail: The outer rail shall be rectangular C-channel aluminum alloy 6" tall X 1. 90" wide minimum 0.20" wall thickness material. The outer rail shall form the complete bed perimeter without any open or offset seams. The outer rail shall consist of square rear corners. Platform Deck: The platform deck shall be constructed of 0.125" marine grade aluminum diamond plate. Decking shall be interior perimeter welded to the outer rail, and 6-12 intermittently along the cross sills. 52.02 (CONTINUED) Fire Apparatus Body REBEL Rear Cab Protection (RCP): One (1) RCP headboard shall be fabricated and installed at the forward end of the apparatus body, directly behind the cab. The RCP frame perimeter shall be rectangular C-channel aluminum alloy 4" tall X 1.5" wide minimum 0.18" wall thickness material. The material will be tapered in a similar fashion to the shape of the chassis cab. One horizontal cross-member located at approximately 0.33" height with 0.125" aluminum diamond tread plate shall be perimeter welded with the tread plate surface forward to the rearward side of the framework on the lower segment. The upper segment shall include a protective framework of 1" X 1" tubing effectively safeguarding the rear window of the chassis cab. The unit shall be attached by a welded rearward gusset and to the lower frame itself by grade 5 bolts. The unit also has twin light bar perches on the top of the bar for easy mounting of emergency light products. Tailboard: The tailboard shall consist of a framed tail apron integrated with the platform. The apron frame shall be rectangular C-channel aluminum alloy 3" tall X 1 .40" wide minimum 0.17" wall thickness material. The interior flat surface of the apron shall consist of 0.125" aluminum diamond plate with the smooth surface to the inside. The tailboard shall finish with the outside edge of the apron frame even with the corners of the platform. The apron shall house all referenced lighting, steps, and draft tube storage. The apron shall be sufficient in design to grant a departure angle of 24 degrees. The completed tailboard assembly shall meet all other requirements of NFPA 1906 for angle of departure. Fuel Tank Filler: The fuel filler-neck and urea filler-neck bezels shall be incorporated into the bed channel outer rail unless using an OEM standalone system. Fuel cap shall not protrude past outer rail. The fuel tank filler shall be mounted in accordance with FMVSS 301. The fuel filler hose shall not touch anv rouah or sharp surfaces and 7 AGENDA ITEM #13.A.3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Re...Page 144 of 224 will have no kinks or restrictions. Hose shall be supported by no more than 16" centers, have at least 6 inches clearance from the rear tire with any amount of suspension travel, and if closer than 12" to the tires, have a shield to protect it from objects that may be thrown from the tires. Draft Line Storage: Draft hose storage shall be mounted under the platform, between the frame rails of the truck. The draft hose box shall be a minimum of 4. 75" tall X 24" wide X 100" deep. The opening is covered with a drop hinged, slam shut, Stainless Steel door with push button latches. Receiver Hitch: A receiver hitch and attached under bar shall be installed on the chassis frame. The under bar is integrated with the lower section of the rear springer mounting system. Trailer wiring and factory brake controller shall be included. 52.03 Compartments REBEL Compartment Construction: All storage compartment walls shall be constructed from 0.125" aluminum diamond plate. Internal frame work shall be constructed of .125" formed aluminum structural members. Compartment interiors shall be free of exposed electrical harnesses or plumbing components. Driver's Side: Top Front Compartment(s): This compartment shall have approximate dimensions of 72"L X 30"H X 18"0 and shall include one (1) compartment with double horizontal hinged doors. This compartment is designed for the storage of long handled tools. Top Rear Compartment(s): This compartment shall have approximate dimensions of 36"L X 30"H X 18"0 with a horizontal hinged overhead lift-up door. Lower Front Compartment: This compartment shall have approximate dimensions of 36"L X 12"H X 18"0 with a horizontal hinged drop door. This compartment shall be attached to the platform by its top. Passenger's Side: Top Front Compartment(s): This compartment shall have approximate dimensions of 72"L X 30"H X 18"0 and shall include one (1) compartment with double horizontal hinged doors. This compartment is designed for the storage of long handled tools. Top Rear Compartment(s): This compartment shall have approximate dimensions of 36"L X 12"H X 18"D and shall include a slide out tray. Lower Front Compartment: This compartment shall have approximate dimensions of 36"L X 12"H X 18"0 with a horizontal hinged drop door. This compartment shall be attached to the platform by its top. Storage Basket (s): Two (2) storage baskets shall be provided and installed above the top front compartments with approximate dimensions of 72"L X 8"H X 18"D. The storage basket shall be constructed of 0.125" aluminum with a punched open mesh material as to allow free air flow from all sides, double folded top 1" section for strength and a solid bottom. Outboard surface on both sides shall be un-punched approximately 5" to accommodate application of vinyl lettering. It shall be open at the top. They will be mounted by rubber cushion leaving a .125" gap underneath and stainless bolts with nylocks. 52.03 (CONTINUED) Compartments REBEL ATX 8 AGENDA ITEM #13.A.3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Re...Page 145 of 224 Compartment Shelves: Four (4) adjustable shelves shall be installed in the top body compartments. The shelving system shall be mounted on a punched finger style slim-line track to allow the change of elevation. Shelves shall be 17.5" in depth, width of the box, with a 2" peripheral lip. Shelves shall be constructed of aluminum and be capable of supporting 250 lbs. of live load without being damaged or permanently distorted. The shelf locations shall be as follows: -Two (2) in the D/S top front compartment -Two (2) in the P/S top front compartment Compartment Doors: All compartment doors shall be recessed into the compartment body sides. All doors shall be weatherproof and maintain contact with all points of the weather stripping. Weather stripping shall be bulb type, attached to the opening flange of the compartment opening. The doors shall have a cross style break in each door for strength. Door Latches and Hardware: All compartment door latch assemblies shall be installed with threaded stainless steel fasteners, shall not be welded, and shall be easily removable for servicing or replacement. All door latch assemblies shall be of a flush-mount, "D-handle" design, with all external components fabricated from polished, corrosion resistant stainless steel. All latches shall be of a two-position twist latch type design latching operation. Stainless steel nuts shall be the self-locking type. All latch assemblies shall be keyed alike to 1250. Eight (8) spare keys shall be provided. Door Hold Devices: All vertically-hinged, outward-opening compartment doors shall be provided with an over center door check to hold the door in the open position. The door check is spring type that when door latch is released the door "springs" to an open position. To release, the spring is moved from the straight position and it folds into the "ready" to open position. It shall be attached to the top of the door and fastened to a plate bolted onto the door. All vertically-hinged, outward opening compartment doors shall be capable of being closed with one hand, allowing a free hand to hold equipment or supplies. All horizontally-hinged, drop-down, outward-opening compartment doors shall open flat to the surface below. All horizontally-hinged, overhead lift-up, outward opening compartment doors shall be provided with two (2) extending, gas cylinder type hold open devices, one (1) mounted vertically on each side of the compartment door opening. The pressure rating of the gas cylinders shall be carefully matched to the size and weight of the compartment door and shall hold the compartment door securely open to a greater than 90 degree angle without additional support. The gas cylinder hold openers shall dampen the upward movement of the compartment door while opening and will permit closing of the box door without need to release any type of manual locking devices. 52.04 Body Accessories REBEL ATX Dri-Deck: Dri-Dek shall be installed in all compartment floors and shelves. Dri-Dek provides surface protection and is resistant to fungus, mold, grease, solvents, and most common chemicals. Mud Flaps: Two (2) flexible rubber mud flaps to be installed on both sides of the apparatus body behind the rear wheels unless otherwise specified by the Purchaser. Reflectors: Six (6) Truck-Lite reflectors shall be installed on the apparatus -Two (2) red on each side, rear corners at the outermost practical location, one (1) amber on each side of the headache rack. Rear Step: One (1) NFPA-compliant fold down step shall be provided and installed at the rear of the apparatus via the receiver hitch. The step shall be fabricated from heavy duty cast aluminum with spring assisted hinges. The stepping surface shall be diamond point and skid resistant so water may flow off without ice formation in cold weather use. 9 AGENDA ITEM #13.A.3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Re...Page 146 of 224 Grab Handles: Two (2) NFPA-compliant chrome-plated grab handles shall be provided and mounted at the rear. Location: vertical right side on manifold enclosure, horizontal top on pump panel. Nozzle, Nozzle Clips, and Holder: One (1) Akron forestry nozzle shall be included per hose reel. A nozzle clip and tool holder shall be installed on the rear of the apparatus body . Wheel Chocks: Two (2) ZICO wheel chocks shall be mounted rearward of the rear wheels. One (1) wheel chock will be mounted on each side of the apparatus. 53.01 Electrical System & Testing Chassis Electrical System: The commercial chassis electrical system shall be provided as furnished by the original manufacturer. A customized interface shall be provided and designed, so as not to disturb any of the required chassis functions. The necessary interfaces shall only be provided in areas where load management is allowed or with accessory components provided on the chassis. Body Electrical System: All electrical lines in the body shall be protected by automatic circuit breakers, conveniently located to permit ease of service. Wiring shall be carefully protected from weather elements and snagging. Heavy duty loom shall be used for the entire length. To minimize the risk of thermal damage, wires run in the engine compartment area shall be carefully installed and suitably protected by the installation of heat · resistant shielded loom. All lines shall be color coded, easy to identify, oversized for the intended loads and installed in accordance with a detailed diagram. Grommets shall be utilized where wiring passes through panels. Solderless insulated connectors shall be utilized at all splice joints and shall be enclosed with heat shrink tubing for extra corrosion protection. Flashers, heavy solenoids and other major electrical controls shall be located in a central area near the circuit breakers. All electrical equipment shall be installed to conform to the latest federal standards as outlined in NFPA 1901. Junction Boxes: Two (2) electrical fuse boxes (battery and ignition), for all apparatus modules, connections, relays, circuit breakers, etc. shall be located in the console between the driver and the passenger seats. All connection points shall be labelled according to function. 12-Volt Electrical System Testing and Certification The apparatus low voltage electrical system shall be tested and certified by the manufacturer. The certification shall be provided with the apparatus. All tests shall be performed with air temperature between OF and 11 OF . The following three (3) tests shall be performed in order. Test #1-Reserve Capacity Test The engine shall be started and kept running until the engine and engine compartment temperatures are stabilized at normal operating temperatures and the battery system is fully charged. The engine shall be shut off and the minimum continuous electrical load shall be activated for 10 minutes. All electrical loads shall be turned off prior to attempting to restart the engine. The battery system shall then be capable of restarting the engine. Failure to restart the engine shall be considered a test failure. 53.01 (CONTINUED) Electrical System & Testing Test #2-Alternator Performance Test at Idle: The minimum continuous electrical load shall be activated with the engine running at idle speed. The engine temperature shall be stabilized at normal operating temperature . The battery system shall be tested to detect the presence of battery discharge current. The detection of battery discharge current shall be considered a test failure. 10 AGENDA ITEM #13.A.3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Re...Page 147 of 224 Test #3-Alternator Performance Test at Full Load: The total continuous electrical load shall be activated with the engine running up to the engine manufacturers governed speed. The test duration shall be a minimum of 2 hours. Activation of the load management system shall be permitted during this test. However, an alarm sounded due to excessive battery discharge, as detected by the system, or a system voltage of less than 11.8- volts DC for a 12-volt system, for more than 120 seconds, shall be considered a test failure. Low Voltage Alarm Test Following completion of the preceding tests, the engine shall be shut off. The total continuous electrical load shall be activated and shall continue to be applied until the excessive battery discharge alarm is activated. The battery voltage shall be measured at the battery terminals. With the load still applied, a reading of less than 11.8- volts shall be considered a test failure. The battery system shall then be able to restart the engine. At time of delivery, documentation shall be provided with the following information: Electrical system performance test Nameplate rating of the alternator An alternator rating at idle while meeting the minimum continuous electrical load Each component load comprising the minimum continuous electrical load Additional loads that, when added to the minimum continuous load, determine the total connected load Each individual intermittent load 53.02 Center Console The cab shall be equipped with an angled, form-fitted control console located between the front driver's and officer's seats. This console shall be sized to accommodate the installation of a switch panel for the control of the emergency and general illumination lighting, siren controller, and customer-mounted radios. The console shall contain the following components: One (1) 12V indicator and 2-position 12v power points Two(~) USB charging outlet One (1) Bracket and pre-wiring for customer-mounted radio One (1) Grilled area for below surface emergency radio speaker mounting One (1) Two position cup holder Two (2) Mic clip brackets One (1) Pocket storage compartment One (1) Siren & lighting controller Electronic Siren, Speaker, & Lighting Controls: A Whelen Model 295SLSA6 200W electronic siren with warning light controls shall be installed in the center console. The siren shall feature 18 scan-lock siren tones and a public address feature with a hardwired microphone. One Whelen SA315 siren speaker shall be installed behind the chassis grill. The electronic siren and speaker shall meet the NFPA required SAE certification. The entire warning light package shall be actuated by the Whelen siren controller located in the center console. The wiring for the warning light package shall engage all lights required for "Clearing Right of Way" mode when the vehicle parking brake is not engaged. An automatic control system shall be provided to switch the warning lights to the "Blocking Right of Way" mode when the vehicle parking brake is engaged. 53.03 Warning Light Package TOMAR A TOMAR warning lighting package shall be installed on the apparatus. All lights will be controlled from switches in the center console. The package includes the following: Zone A Uooer: 11 AGENDA ITEM #13.A.3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Re...Page 148 of 224 Lightbar w/Traffic Advisor, Take Down & Alley Spots Part# 970L-53D1-1201A TOMAR "Scorpion", 53" fully populated dual color warning lightbar shall be rigidly mounted on the top of rear cab protection headboard. The lightbar shall be equipped with following: Dual color 24 LED Corner Flood W/ Alley spots (6) Dual color front facing red/white 12 LED warning modules (2) High powered front-facing take downs (1) 6 LED front-facing steady-burn red (9) Rear facing 6 LED red and amber warning modules Built-in traffic advisor Aluminum chassis 15' Cable Zone A Lower: Four (4) TOMAR RECT-14, red LED flashers w/ mounting flanges shall be installed on the front of the apparatus, forward facing, two (2) per side in the brush guard. The LED color shall be red. Zone B/D Front Lower: Two (2) TOMAR iLED combo emergency/scene lights w/ mounting flanges shall be installed over the wheel well of the apparatus chassis, side facing, one (1) per side for use as "forward intersection" lights. The LED color shall be red/white. Zone 8/D Rear Lower: Two (2) TOMAR iLED combo emergency/scene lights w/ mounting flanges shall be installed on the rear sides of the apparatus body, over the rear wheel, side facing one (1) per side, for use as "rear intersection" lights. The color shall be red/white. Zone 8/D Upper: Two (2) TOMAR iLED combo emergency/scene lights w/ mounting flanges shall be installed on the upper storage baskets on the apparatus body, side facing, one (1) per side for use as "rear intersection" lights. The LED color shall be red/white. Zone C Lower: Two (2) TOMAR iLED combo emergency/scene lights w/ mounting flanges shall be installed on the lower rear of the apparatus, rear facing, one (1) per side. The LED color shall be red/white. Warning Light System Certification: The warning light system(s) specified above shall not exceed a combined total amperage draw of 45-amps with all lights activated in either the "Clearing Right of Way" or the "Blocking Right of Way" mode. The warning light system(s) shall be certified by the light system manufacturer(s), to meet all of the requirements in the current revision of the NFPA 1901 Fire Apparatus Standard as noted in the General Requirements section of these specifications. The NFPA required "Certificate of Compliance" shall be provided with the completed apparatus. 53.05 Apparatus Body Lighting LED Strip Compartment Lights: One (1) 12" LED cargo light, or equivalent shall be provided to illuminate the compartment. Lighting shall be plastic encapsulated, shock resistant, continuous LED light segments. The LED strip lights shall be attached securely on top of each compartment opening. Each compartment light shall be switched with a compartment lighting mechanical door switch. Each compartment light sets shall be switched with a compartment magnetic switch and relay combination. The switch trigger wire shall run up front to the console to the compartment door open warning system on the console. The system shall also hook to the parking brake switch as a stop gap initiation. Ground/Perimeter Lights-Front Bumper & body: One (1) E-10 Tecniq clear LED shall or equal shall be provided under the front bumper housed within an enclosure sufficient to protect from damage. This light shall operate from one of the chassis uofitter switches. Four (4) E-1 O TecniQ clear LED lights or eQual shall be provided under 12 AGENDA ITEM #13.A.3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Re...Page 149 of 224 the apparatus body, one {1) forward and one {1) aft of the rear wheel wells, both sides of the body. Two (2) 4" Maxxima round LED lights shall be provided under rear of the apparatus body. The lights shall be housed within an enclosure sufficient to protect from damage. The cab and body ground lights shall be equipped with an activation switch on the pump operator's panel. Cluster/Clearance Lights: Three {3} round ICC LED clearance lights shall be installed at the rear of the apparatus above the bumper. Additional clearance lights shall be provided to conform to DOT, Federal, and NHTSA specifications for vehicles of 80" wide. All lighting shall be compatible with the 12-volt chassis electrical system. Lighting shall be located according to ICC regulations. Back-Up Lights: Two (2) Truck-lite LED Oval Sealed 24 Diode Pattern, or equivalent, white LED back up lights shall be provided at the rear of the body, one {1) each side, above the rear step. The backup lights shall illuminate when the chassis is placed in reverse gear and/or when the rear flood light switch is activated in the cab. Turn Signal Lights: Two {2} Truck-lite LED Oval Sealed 24 Diode Pattern, or equivalent, amber LED arrow style turn signal lights shall be provided at the rear of the body, one {1) each side, above the rear step. Brake/Tail Lights: Two {2} Truck-lite LED Oval Sealed 24 Diode Pattern, or equivalent, red LED combination tail/brake lights shall be provided at the rear of the body, one {1) each side, above the rear step. License Plate Bracket and Light: A license plate mounting bracket with LED lighting shall be installed at the rear of the body. 53.07 Flood Lights Two (2) Betts Model # 305003 PAR 36 with Trilliant® 36 LED White Light™ work lamps shall be installed, one on each side of the apparatus, on the rear facing surface of the top baskets. The mounting bracket shall enable full 360° rotation both in the horizontal and vertical axis. The lights shall have a grey finish. The lights shall be individually switched at the light head. 53.08 Battery System Battery Charger System: One (1) Iota DLS-45/IQ4 12 Volt 45 AMP 4 Stage Automatic Smart Battery Charger shall be provided and installed behind rear bucket seat on driver's side. The charger is ruggedized to withstand the shock and vibration encountered by vehicle mounted equipment. Auto-Eject: One {1) Kussmaul Super Auto Eject shall be provided and installed. The Super auto Eject is a completely sealed automatic power line disconnect. This prevents contamination of the mechanism by road dirt and ensures long reliable life even when mounted in the most severe environment. A novel internal switch arrangement closes and opens the 120-Volt AC circuit after the mating connector is inserted, and before the connector is removed. This eliminates arcing at the connector contacts and assures long contact life. The Super Auto Eject is connected to the starter circuit so that ejection occurs when the engine is cranked . The unit is mounted in the rail of the rear cab protection. The cover will be red unless otherwise specified by the Purchaser. Shoreline Power Inlet Plate: A shoreline power receptacle information plate shall be permanently affixed at or near the power inlet. The plate shall indicate the following: Type of Line Voltage Current Rating in Amps Power Inlet Type {DC or AC} Battery Disconnect Switch: One {1) solid state battery disconnect switch with built in timer shall be installed under the hood and near the battery. The disconnect will be controlled by the chassis ianition, and the customer 13 AGENDA ITEM #13.A.3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Re...Page 150 of 224 may select between instant on-off or instant on with timed off up to 30 minutes. A green "battery on" indicator will be installed on the center console in view of the operator. The light will be on when the disconnect is active. 53.09 Alarms Back-Up Alarm: One (1) solid state back up alarm shall be installed at the rear of the apparatus The backup alarm shall be wired to the reverse circuit of the transmission and shall provide an audible alarm to the rear of the apparatus when reverse gear is selected. The alarm shall have a volume of 87 to 112 DBA while in operation. "Do Not Move Apparatus" Warning Light with Audible Alarm & Marker Lights: A 1 " round, red flashing warning light with an integral audible alarm, shall be functionally located in the cab to signal when an unsafe condition is present such as an open cab door or body compartment door which may cause damage to the apparatus if moved. This light shall be activated when the parking brake is engaged. The labeled shall read "DO NOT MOVE TRUCK". Cab marker lights and signaling devices shall be as provided on the commercial chassis cab from the original chassis manufacturer. Truck-Lite Model #30 or equal red LED marker lights with integral reflectors shall be provided at the lower side rear, one (1) each side and two (2) each on driver and passenger sides. Truck-Lite Model # 30 LED 3-lamp identification bar or equal will be provided on the apparatus rear center. The lights shall be red in color. 54.02 Hale Pump, Primer, Engine & Foam System Pump: One (1) Hale Model HPX200-KBD24 pump shall be installed and will perform to the standards of NFPA 1906 low pressure pump rating. Maximum pump performance from 5' draft at sea level shall be: 100 GPM @ 150 PSI, 175 GPM@100 PSI and 250 GPM@ 50 PSI. Note: These performance points are for the pump as supplied from the pump manufacturer without any manifold. The actual flow may be decreased slightly when installed on the unit. Engine: One (1) 4-cycle Kubota D902-E48-KEA-2 diesel engine with overhead cam and water cooled design shall be installed. Engine rating shall be 24.8 hp @ 3600 rpm and shall be designed to meet current CARB (California Air Resources Board) and EPA (Environmental Protection Agency) Tier 4 standards. A 12-volt electric system shall be installed with electric starter and 45A alternator. Engine shall be equipped with a muffler and USDA approved spark arrestor. The engine and pump shall be isolation mounted. Engine Fuel Supply: The pump engine shall siphon fuel from the chassis fuel tank via an electric fuel pump. Siphoning shall occur at a level 1.50" above the chassis siphon system. Primer: One (1) positive displacement, oil-less, rotary vane, electric motor-driven priming pump, conforming to the NFPA requirements, shall be provided and installed on the cross member at the left rear of the body. The primer pump body shall be fabricated from heat-treated anodized aluminum for wear and corrosion resistance. The primer pump electric motor shall be of a 12 VDC totally enclosed design. The priming pump shall not require lubrication from an external source. The priming pump shall be operated by a single push-pull control valve mounted on the pump operator's panel. The control valve shall be constructed of bronze. Foam System: One (1) Scotty Through-the-Pump foam system shall be installed on the completed unit. The unit shall consist of an eductor and proportioning valve between the inlet and discharge side of the pump. When in operation, it shall draw water flow from the discharge side, route it through the eductor and proportioning valve, draw foam concentrate throu h the ro ortionin valve, and rovide foam solution back into the inlet side of the 14 AGENDA ITEM #13.A.3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Re...Page 151 of 224 pump. Note: When the foam system is in operation, all discharges, including the tank fill, shall be supplied with foam solution. The foam system shall be capable of adjusting the foam concentration up to .5%. 54.05 Water & Foam Tank Water Tank: One (1) 300 gallon water tank shall be provided and installed. Foam Tank: One (1) 12 gallon foam tank shall be integrated with the water tank. Tank Construction: The tank shall have a footprint of 59.50" W x 75.50" L. The tank shall be designed to be completely independent of the platform structure and compartments and shall be equipped with removable lifting eyes to facilitate ease of removal. All exposed edges on the tank and fill tower shall be rounded off to a 0.25" radius. The tank shall be fabricated with 0.50" thick, non corrosive stress relieved polypropylene, gloss black in color and U.V. stabilized for maximum protection. Materials used shall be compatible with firefighting foams, retardants, and wetting agents . All joints and seams shall be extrusion double welded and tested for maximum strength and integrity. The transverse baffle partitions shall be manufactured of the same material as the main body and extend from the floor of the tank to the cover to allow for positive welding and maximum integrity. Baffling will meet or exceed NFPA 1901. All baffle partitions shall interlock with one another and be welded to each other, as well as to the walls of the tank. All partitions shall be equipped with vent and air holes to permit movement of air and water between compartments. All internal piping shall be constructed of schedule 80 polypropylene pipe. The tank shall have a vent overflow pipe that extends through the tank and exits under the vehicle. The tank sump shall have a plate welded approximately 2" above the sump to prevent water swirl. There shall be piping inside the tank with a suction tube to the sump. The suction tube shall extend down through the anti-swirl plate and baffles. All fittings in the tank shall be heavy duty polypropylene and shall be welded inside and outside using industry acceptable practices. Tank inlets shall have flow deflectors inside the tank. The end wall of the tank, closest to the pump mount location shall have vertical translucent panel sight gauges for water and foam. Fill Towers: The tank shall have two (2) manual fill towers with vents. One (1) fill tower shall be for water. One (1) fill tower shall be for foam . The towers shall be constructed of 0.50" polypropylene and shall be a minimum dimension of 8" x 8" outer perimeter. The towers shall be located at the rear corners of the tank. The towers shall have 0.25" thick removable polypropylene screens and a PT3 polypropylene hinged cover. A combination vent and overflow pipe shall be fastened inside the fill towers, approximately 1.50" down from the top. Tank Outlets: One (1) 3" female NPT tank to pump suction fitting shall be located on the driver's side rear facing wall of the tank. Tank Inlets: One (1) 1" female NPT tank fill fitting with flow deflector shall be located on the driver's side rear facing wall of the tank. Added in Draft#: 1 54.06 Intake/Discharge Plumbing & Valves Plumbing Specifications: All plumbing shall be stainless-steel pipe or high-pressure hose. High-pressure hose and hump hose connections shall be installed where vibration or chassis flexing may damage or loosen piping. Victaulic fittings shall be utilized to join plumbing. Valves: All valves shall be designed to operate under normal conditions up to 500 PSI and shall have dual seats to work in both pressure and vacuum environments. All valves and controls shall be easily accessible for service, repair, or replacement. The discharge and intake valves shall be either direct-actuated quarter turn type or control rods directly connected to the valve handle from the rear mounted pump panel. 15 AGENDA ITEM #13.A.3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Re...Page 152 of 224 · Caps: All discharges and intakes shall have NST thread brass chrome rocker lug style caps with chains unless designed to be pre-connected or otherwise specified. Suction: Intake Manifold: One (1) 3" stainless-steel manifold shall be connected to the inlet side of the pump. Tank to Pump: One (1) 3" tank to pump valve labeled "TANK TO PUMP" shall be attached to the intake manifold. The valve shall be plumbed to the tank by 3" stainless-steel pipe and hump hose. Primary Suction: One (1) 2.5" primary suction valve labeled "SUCTION 2.5" shall be attached to the intake manifold. The valve shall be plumbed to the intake by 2.5" stainless-steel pipe. The intake will terminate with a NHM fitting. A removable intake screen shall be installed to prevent debris from entering the pump. Discharge: Discharge Manifold: One (1) 2.5" stainless-steel manifold shall be connected to the discharge outlet of the pump. Discharge valves shall be attached to the discharge manifold by welded pipe nipples. The manifold shall include a quarter turn petcock drain valve at the base. Rear Discharge: One (1) 1.5" valve labeled "REAR DISCHARGE 1.5"" shall be attached to the discharge manifold. The discharge shall face the rear of the apparatus and terminate with a NHM fitting. Front Bumper Turret Discharge: One (1) 1.5" electric valve labeled "FRONT DISCHARGE 1.5"" shall be attached to the discharge manifold. The valve shall be controlled from the cab. Hose Reel(s): One (1) 1" valve labeled "HOSE REEL" shall be attached to the discharge manifold. Tank Recirculation: One (1) 1" valve labeled "RECIRCULATE" shall be attached to the discharge manifold. The valve allows for recirculation of water when discharge valves are closed and for the pump to be used to refill the water tank. 54.07 Hose Reel(s) & Booster Hose Hose Reel Location(s): One (1) Hannay brand hose reel shall be provided and installed at the rear of the apparatus body on the passenger's side on top of the slide out compartment. The hose shall dismount to the passenger's side. Hose Reel Specifications: The hose reel shall have capacity for 100' of 1" booster hose. The hose reel outlet connection shall be 1" NPSH thread. The hose reel shall include a 2/3 HP 12V electric motor for rewinding the hose. The rewind control shall be located on the rear section of the hose reel frame. The hose reel shall include a 70-amp breaker. The hose reel shall also include manual rewind capability. The pinion shaft for the manual rewind gear shall have an adjustable tension brake controlled at the reel. One (1) FH3 captive roller assembly, or equivalent, shall be included with the reel. The frame and drum shall be fabricated of steel with aluminum powder coat finish and the sprocket shall be chrome plated to minimize maintenance. Booster Hose: 100' of Reel Lite 1" booster hose shall be provided and installed on the hose reel. The booster hose shall be well suited for fiohtino applications. The booster hose shall be non-collapsible and extremely kink AGENDA ITEM #13.A.3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Re...Page 153 of 224 resistant, even at low pressure, with a bend radius of less than 3.5". The booster hose shall include circular woven construction, single jacket, and combined with a helical interior reinforcement. The booster hose shall be yellow in color . Added in Draft#: 1 54.10 Instrument Panel The instrument panel shall include the following components: Pump Engine OFF/RUN/START Control Engine Ignition ON Warning Light Primer Control Throttle Control Oil Pressure Warning Light Coolant Temperature Warning Light One (1) E-03 Tecniq LED Light and Switch for Panel Illumination Tachometer/Hour Meter One (1) Soft-Glo Series water level gauge with black bezel One (1) Soft-Glo Series foam level gauge with black bezel Intake & Discharge Pressure Gauges: One (1) 2.5" compound pressure gauge shall be provided and installed on the pump panel. The gauge shall display 30 inHg to 400 PSI. The gauge shall be Class 1 brand or equivalent. 54.11 Front Bumper Monitor & Secondary Pump Controls One (1) Akron 3462 Forestry Monitor with quick disconnect (34621103, FM 2NPTX1 .5NH, 12V, 125NZ, JV, QD, VLV, RED) shall be installed. The remote monitor shall be located on the front bumper of the apparatus. The monitor shall be an all-electric single waterway monitor constructed of lightweight Pyrolite, with a 2" electric valve. The monitor shall have a fully enclosed 12-volt motor and gears with a manual override for both horizontal and vertical rotation and may be operated simultaneously. The vertical travel shall be from 45-degrees below to 90-degrees above horizontal with adjustable stops at -20 degrees and +45 degrees . The horizontal rotation shall be 320-degrees with adjustable stops at +/-90-degrees. The logic box shall include coated, solid-state components to resist water corrosion. The control joystick shall control the vertical and horizontal rotation of the monitor and the pattern of the nozzle. The nozzle shall be 30-125 GPM adjustable. The Akron Firefox monitor shall include a weather-tight enclosure and joystick controls mounted on the center cab console area. The joystick control shall include a valve trigger and following controls functions: Water Valve: ON/OFF Monitor: RIGHT /LEFT Monitor: UP/DOWN Pattern Control: STRAIGHT /FOG Secondary Pump Controls : The cab shall be equipped with secondary pump instrument controls in the cab. This panel shall include the following: 1. On -off start switch 2. Oil and temperature alarm indicators 3. Running indicator light -green 4. Pressure gauge 5. Manual or electric Vernier throttle 6. Mini water level aauae 17 AGENDA ITEM #13.A.3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Re...Page 154 of 224 I I 7. Mini foam level gauge 55.01 Cab Paint The chassis cab shall be painted red at the OEM . 55.04 Compartment Door Paint The compartment door shall be painted to match the chassis cab unless otherwise specified by the Purchaser. 55.05 Graphics, Lettering and Striping 3M Scotchlite graphics, lettering, and striping shall be provided on the cab doors and apparatus body. The Purchaser will provide the original artwork to the Seller. The Seller will provide decal mockups to the Purchaser before installation. Premium materials are available for an additional fee. 55.06 Data & Safety Labels The following labels and signs shall be affixed to the apparatus: Apparatus Fluid Type and Quantities: A permanently mounted label displaying the following information shall be installed in the apparatus interior near the driver's seat. Pump Engine Oil Pump Transmission Lubrication Fluid Pump Primer Fluid (if applicable) Chassis Engine Oil Chassis Engine Coolant Chassis Transmission Fluid Chassis Drive Axle(s) Lubrication Fluid Chassis Air Conditioning Refrigerant Chassis Air Conditioning Lubrication Oil Chassis Power Steering Fluid Chassis Front Tire Cold Pressure Chassis Rear Tire Cold Pressure Chassis Maximum Tire Speed Rating Chassis Manufacturer Chassis Production Number Chassis Year, Month Manufactured Chassis Vehicle Identification Number Unit Identification Placard: A unit identification placard shall be installed on the center console. The placard shall state the name and address of the apparatus manufacturer and the apparatus unit number. Pump Operating Instructions & Specifications: An identification plate shall be provided near the instrument panel with step-by-step pump operating instructions and pump specifications. Component Labels: All controls, valves, gauges, ports, drains, and other components shall be labeled. 18 AGENDA ITEM #13.A.3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Re...Page 155 of 224 seating position. "Maximum number of personnel the vehicle is designed to carry (5)." "DANGER: Personnel must be seated and seat belts must be fastened while vehicle is in motion. Death or serious injury may result when apparatus is in motion." "DO NOT MOVE APPARATUS WHEN LIGHT IS ON" "This apparatus is equipped with an air filter ember protection screen. Routine inspection is required." "WARNING: Noise hazards occur during siren operation." 55.07 Chevrons The interior diamondplate surface of the tailboard apron shall be covered with diamond grade reflective chevrons. The diamond grade shall be Ruby Red and lime Yellow in color. 56.01 Detailing & Finalization The apparatus shall be tested to ensure proper operation of all systems. The finalization process includes paint touch up, caulking, washing and detail, checking fluid levels, etc. 56.02 Operation, Service, & Certification Material The following materials shall be provided with the completed apparatus: Operator Safety Information Pump Operation and Troubleshooting Instructions Maintenance and Lubrication Information Component literature Replacement Parts list Electrical Diagrams Pump Test Certificate Weight Certificate Warranty Information 56.04 Warranty The apparatus shall be covered by a 1-year limited warranty. Warranty includes parts and workmanship. OUTBFREIGHT OUTBOUND FREIGHT F.O.B. Kodiak 19 AGENDA ITEM #13.A.3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Re...Page 156 of 224 Item Description 2023 Dodge RAM 5500 Rebel Brush Truck New Build Subtotal Tax Total Terms & Conditions: Payment Terms: 50% Due Upon Signing, 50% Due Upon Final Inspection Tax Exemption: Tax exemption requires submittal of a tax exemption form. Accept & Sign Price $247,264.00 $247,264.00 $0.00 $247,264.00 Signature: ______________ _ Date: ______ _ 20 AGENDA ITEM #13.A.3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Re...Page 157 of 224 . ' ,.· ',' BAYSIDE FIRE RESPONSE VEHICLE PROCUREMENT RECEIVED . ~~ .. IJ, K"11 Pf¥) SEP 27 2022 ot--, u VJ KODIAK ISL/.\1'40 ijQROUGH ~ 71 O Mill Bay Rd Kodiak AK 99615 l .... ___ •:r . t Express EIJ .velope . . ~ I ·,lj AGENDA ITEM #13.A.3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Re...Page 158 of 224 KODIAK ISLAND BOROUGH BAYSIDE FIRE RESPONSE VEHICLE PROCUREMENT ISSUED: September 2, 2022 AGENDA ITEM #13.A.3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Re...Page 159 of 224 Invitation for Bids Bayside Fire Response Vehicle Procurement Page 2 of 15 INVITATION FOR BIDS The Kodiak Island Borough will receive sealed bids until 2:00 pm (local time), September 30, 2022, for the FIRE RESPONSE VEHICLE PROCUREMENT, Kodiak, Alaska. The scope of work is for a new FIRE RESPONSE VEHICLE or pre-approved equivalent to be used at the BAYSIDE FIRE STATION. The Kodiak Island Borough reserves the right to reject or accept any or all bids. Complete bid documents are available on the Kodiak Island Borough website at www.kodiakak.us. CONTACT PERSON: Lee Finlayson, Fire Chief Bayside Fire and Rescue Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 Phone: (907) 486-9343 Fax: (907) 486-9347 Email: lfinlayson@kodiakak.us Bid Package Available September 2, 2022 SUBMIT BIDS TO: Cashiers Office – Room 104 Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 Bids will be received only in the Finance Office and only until the time stated above, at which time they will be publicly opened and read aloud. Bids received after the time stated above will be returned unopened. Bid envelopes must be clearly marked BAYSIDE FIRE RESPONSE VEHICLE PROCUREMENT. Borough Manager AGENDA ITEM #13.A.3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Re...Page 160 of 224 Invitation for Bids Bayside Fire Response Vehicle Procurement Page 3 of 15 IMPORTANT BIDDER REGISTRATION FORM Upon receipt of these bid documents, the contractor shall fill out the information below and return to the Kodiak Island Borough in order to provide contact information to receive notification about additional information, addendum and any other information which may impact bid time or quantities. Only registered bidders will receive notifications. Contractor’s Contact Information Name of Company: _____________________________________________________________ Contact Name: _________________________________________________________________ Address: ______________________________________________________________________ Phone Number: ______________________________ Fax Number: ________________________________ Email: ________________________________________________________________________ Return this form via fax, email, regular mail, or hand delivered to the following location: Lee A Finlayson, Fire Chief And Copy Patricia Valerio Bayside Fire and Rescue Department Engineering and Faculties Dept. Kodiak Island Borough Kodiak Island Borough 710 Mill Bay Road Phone: 907-486-9343 Kodiak, Alaska 99615-6398 Fax: 907-486-9343 Phone: (616) 401 6934 Email: pvalerio@kodiakak.us Fax: (907) 486-9347 Email: lfinlayson@kodiakak.us END OF BIDDER REGISTRATION FORM AGENDA ITEM #13.A.3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Re...Page 161 of 224 Invitation for Bids Bayside Fire Response Vehicle Procurement Page 4 of 15 I. SCOPE OF WORK The Kodiak Island Borough desires to purchase a new fire response vehicle. Procurement of all specified equipment to include all freight costs to the Kodiak Island Borough Bayside Fire and Rescue, 4606 E Rezanof Dr, Kodiak, Alaska 99615. The fire response vehicle must be received no later than a date to be determined. II. EQUIPMENT SPECIFICATIONS Please see attached Appendix C. III. SCHEDULE AND SUBMISSION 1) Schedule Bid Package Available: September 2, 2022 Sealed Bid Due: September 30, 2022 at 2:00 pm local time Fire Response Vehicle Delivery Deadline: to be determined The Borough reserves the right to make adjustments to the above noted schedule as necessary. 2) Questions Bidders may contact the Borough for clarification and information pertaining to this request for bids. Any requests for information or clarification must be submitted in writing by email to Chief Lee Finlayson at lfinlayson@kodiakak.us with a copy to Patricia Valerio, pvalerio@kodiakak.us before date to be determined at 2:00 pm local time. All written questions and written responses to all questions will be posted on the Borough's web page as Addenda and emailed to all registered bidders. All addenda will be included in contract documents. 3) Bid Submission Bids submitted in response to this Invitation for Bids must meet the specifications set forth herein. Only those bidders providing complete information as required will be considered for evaluation. Any major deviation from these specifications will be cause for rejection of the bids at the Borough's discretion. AGENDA ITEM #13.A.3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Re...Page 162 of 224 Invitation for Bids Bayside Fire Response Vehicle Procurement Page 5 of 15 Bids must include the following information: Cover Letter, including: a) Project title b) Name and address of the entity submitting the bid c) Contact person's name, mailing or street addresses, phone and fax numbers and email address d) Submission of the letter will constitute a representation by your firm that your firm is willing and able to perform the commitments contained in the bid. Completed Bid Form and Acknowledgement of Addenda Bidders are required to submit a bid price and acknowledge any issued addenda on the attached Appendix A. Proposed Equipment Bidders are required to provide sufficient documentation to define the equipment being provided in this scope of work. Such documentation may include, but is not limited to detailed vendor quote, vendor catalog sheets, general data sheets, drawings and sketches or specification and warranty information. 4) Submittal One original and one copy of your bid package must be received by the Office of the Borough Finance Office no later than 2:00 P.M. (local time), September 30, 2022. Bid shall be sealed and addressed to: Finance Office – Room 104 Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 The outside of the sealed envelope must be identified as: BAYSIDE FIRE AND RESCUE FIRE RESPONSE VEHICLE PROCUREMENT. Late bids sent by facsimile or email will not be accepted. It shall not be sufficient to show that the bid was mailed in time to be received before scheduled closing time, postmarks will not be accepted. IV. TERMS AND CONDITIONS 1) Errors and Omissions Bidders are responsible for reviewing all portions of this Invitation for Bids. Bidders are to promptly notify the Borough, in writing, if the bidder discovers any ambiguity, discrepancy, omission or other error in the Invitation for Bids. Any such notification should be directed to the Borough AGENDA ITEM #13.A.3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Re...Page 163 of 224 Invitation for Bids Bayside Fire Response Vehicle Procurement Page 6 of 15 promptly after discovery, but in no event later than seven working days prior to the date for receipt of bids. 2) Contract Bid shall be good for 90 days. A successful bidder will be expected to enter into a written contract with the Kodiak Island Borough prior to the purchase of the equipment. A copy of the standard Kodiak Island Borough Equipment Purchase Agreement is attached as Appendix B. 3) Manufacturer's Name Any manufacturer's name, trade name, brand name, information and catalog numbers used herein are for the purpose of description and establishing general quality levels. References are not intended to be restrictive of any products that manufacturer may offer. The determination as to whether any alternate product or service is equal shall be made by the Kodiak Island Borough and such determination shall be final and binding among all bidders. 4) Specifications Any deviations from bid specifications indicated herein must be clearly stated otherwise it will be considered that items offered are in strict compliance with the specifications, and successful bidders will be held responsible. Deviations must be explained in detail. 5) Placing of Orders The award of this bid does not constitute an order. Before shipments or service provided the bidder must receive a contract approved by the Borough Assembly and signed by the Borough Manager. AGENDA ITEM #13.A.3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Re...Page 164 of 224 Appendix A: Bid Form Bayside Fire Chief’s Response Vehicle Procurement Page 7 of 15 APPENDIX A BID FORM Company Name: _______________________________________________________ Representative Name: _____________________________Title: ________________ Address: _____________________________________________________________ City: _________________________State: _______ Zip Code: _____________ Phone Number: ___________________Email address: ________________________ Total cost of fire response replacement vehicle shall not to exceed 250,000 USD this vehicle should be in the form of Wildland Fire Response Vehicle. Bids should be submitted to the Kodiak Borough Offices, 710 Mill Bay Road, Kodiak Alaska 99615: (if differences exist between the written and printed form, the written form shall prevail) _______________________________________________________________________dollars (written) $______________________ (printed) Bidder is required to acknowledge receipt of all addenda. Provide the number and date of each. Attach additional sheets if necessary. Addendum Number Date _________________________________ _________________________________ _________________________________ I have read and understand the requirements of this Invitation for Bids and agree to comply except as noted below: Submitted by: _________________________________ Date: ______________ (Signature of individual listed above) AGENDA ITEM #13.A.3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Re...Page 165 of 224 Appendix B: Kodiak Island Borough Equipment Purchase Agreement Bayside Fire Chief’s Response Vehicle Procurement Page 8 of 15 APPENDIX B KODIAK ISLAND BOROUGH EQUIPMENT PURCHASE AGREEMENT` Contract No. THIS AGREEMENT made this by a date to be determined, between the Kodiak Island Borough, acting by and through its Borough Manager, party of the first part, and vendor to be named, hereinafter called the Distributor. WITNESSETH: That the Distributor, for and in consideration of the payment or payments herein specified and agreed to by the party of the first part, hereby covenants and agrees to furnish a FIRE RESPONSE VEHICLE for the Kodiak Island Borough per the Specifications [part of the Contract Documents] for same and for the sum of sixty thousand & 00/100 ($250,000.00) Dollars. The Distributor further covenants and agrees that the manufacturing of said Fire Response Vehicle shall be done to the complete satisfaction of the Kodiak Island Borough, subject to inspection at all times and approval by any participating agency of the Government of the United States of America, and in accordance with the laws of the State of Alaska and rules and regulations of said Federal Agency. The Distributor further covenants and agrees that the manufacturing of said Fire Response Vehicle shall be done and performed in the best and most workmanlike manner and that all and every of said materials and labor shall be in strict and entire conformity in every respect with the Specifications. Distributor will abide by and perform all stipulations, covenants, and agreements specified in the Contract Documents, all of which are by reference hereby made a part of this Contract, as to all premises therein. In the case of any said materials or labor shall be rejected by the Borough Manager or his assistant or authorized representative, as defective or unsuitable, then the said materials shall be removed or replaced with other approved materials and the said labor shall be done anew to the satisfaction and the approval of the Borough Manager or his representatives, at the cost and expense of the Distributor. To the fullest extent permitted by law, the Distributor agrees to defend, pay on behalf of, indemnify and hold harmless the Kodiak Island Borough, its elected and appointed officials, employees and volunteers and others working on behalf of the Kodiak Island Borough against any and all claims, demands, suits or loss, including all costs connected therewith, and for any damages which may be asserted, claimed or recovered against or from the Kodiak Island Borough, its elected and appointed officials, employees, volunteers or others working on behalf of the Kodiak Island Borough, by reason of personal injury, including bodily injury or death and/or property damage, including loss of use thereof, which arises out of or is in any way connected or associated with this Agreement. The agreement entered into by the acceptance of the Distributor's bid and the signing of this Agreement consists of the following documents all of which are component parts of said Agreement and if not attached, are to be treated as attached. 1. Agreement 2. Invitation for Bids 3. Specifications AGENDA ITEM #13.A.3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Re...Page 166 of 224 Appendix B: Kodiak Island Borough Equipment Purchase Agreement Bayside Fire Response Vehicle Procurement Page 9 of 15 In the event of any conflict or inconsistency between any of the foregoing documents, the conflict or inconsistency shall be resolved upon the basis of the numerical order. The document or documents assigned the small number or numbers being controlling over any documents having a larger number in the numerical order set forth above. The Distributor further covenants and agrees that said Fire Response Vehicle shall be furnished and delivered to the satisfaction of the herein aforementioned Borough Manager, on or before DATE TO BE DETERMINED. It is expressly understood and agreed that in case of the failure on the part the Distributor for any reason, except with the written consent of the Borough Manager, to complete the furnishing and delivery of said Fire Response Vehicle before the aforesaid date, the party of the first part shall have the right to deduct from any monies due or which may become due the Distributor, or if no monies shall be due, the party of the first part shall have the right to recover One Hundred Dollars ($ 100) per day for each and every calendar day elapsing between the time stipulated, and the actual date of delivery in accordance with the terms thereof: said deduction to be made, or said sum to be recovered not as penalty, but as liquidated damages. Provided, however, that upon receipt of written notice from the Distributor of the existing causes over which said Distributor has no control and which must delay the delivery of Fire Response Vehicle, the Borough Manager may at his discretion, extend the period herein before specified for the delivery of the said Fire Response Vehicle, and in such case the Distributor shall become liable for said liquidated damages for delays commencing from the date on which said extended period shall expire. The Distributor hereby agrees to receive the prices set forth in the bid as full compensation for delivering the Fire Response Vehicle to complete said Agreement to the satisfaction of the Borough Manager. It is further distinctly agreed that the Distributor shall not assign this contract, or any part thereof or any right to any of the monies to be paid to a third party. Payment for services rendered under this Agreement shall be made by the Kodiak Island Borough within thirty [30] days of delivery, acceptance by the Kodiak Island Borough and invoicing by Distributor. IN WITNESS WHEREOF, The Kodiak Island Borough Manager, by authority in him/her vested, has executed this contract on behalf of the Kodiak Island Borough, and the vendor to be named have hereunto set their hands and seals, the day and year first above written. The terms of this agreement shall be from DATES TO BE DETERMINED. KODIAK ISLAND BOROUGH DISTRIBUTOR By _________________________ By ________________________ Borough Manager Title: Attest: By _______________________________ Borough Clerk AGENDA ITEM #13.A.3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Re...Page 167 of 224 Appendix C: Specifications Bayside Fire Response Vehicle Procurement Page 10 of 15 APPENDIX C SPECIFICATIONS GENERAL SPECIFICATION: It is the purpose of this specification to describe a Fire Response Vehicle powered, All/four-wheel drive, crew cab, trailer tow package of the manufacturer's latest current model and design. Unit shall include all standard equipment and accessories as advertised in manufacturer's specification sheet of model offered, unless otherwise specified herein. APPLICATION: General standard Fire Response Vehicle pickup vehicle application. TYPICAL UNITS: Dodge Ram 5500 or Ford F-550 or Equivalent, pre-approved equivalent provided all the following minimum specifications are met. 1.0 POWER TRAIN: 1.1 Engine: 1.1.1 Diesel – Standard- Range of 300 mile range minimum 2.0 DRIVE TRAIN: 2.1 Transmission: 2.1.1 Power shift at least six speeds, forward and reverse. 2.2 Axles: 2.2.1 4-wheel drive 2.3 (Place Holder) 3.0 CHASSIS: 3.1 Operating weight one ton or higher. 3.2 Crew cab, four door 3.3 Tires: 3.3.1 Super Single Tires, dually, or equivalent 3.3.2 Spare Tire with Mounted Wheel: To be same as above with mounted wheel 3.4 Tow package w/ tow technology package or equivalent 3.5 18 HP or greater Wildland Pump (Hale, Waterous, or Darley) 3.5.1 Water and Foam Pumps capable of 100gpm at minimum with foam application 3.5.2 Pump to be Foam Ready out of each line provided. 3.5.4 Foam Cell to be 10 Gallon or greater capacity. 3.5.5 Water tank capacity to be 300 gallons or greater. 3.6 Hose configuration 100’ of 1” Wildland Hose 3.7 Aluminum flatbed (Not Steel) 3.8 (Place Holder) 4.0 ELECTRICAL SYSTEM: 4.1 Master electrical switch to cut off all power source from battery to starter and remainder of electrical system with full factory warranty. 4.2 Lighting System: Standard OEM 4.2.1 Compartment spaces to have LED lighting. 4.3 Siren System: OEM for Emergency Services AGENDA ITEM #13.A.3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Re...Page 168 of 224 Appendix C: Specifications Bayside Fire Response Vehicle Procurement Page 11 of 15 4.4 (Place Holder) 5.0 CAB: 5.1 Standard OEM 5.2 Recirculating personnel heater (Minimum 30,000 BTU) and defroster(s). Defroster(s) to be zoned to windshield wiper area(s), minimum. 5.3 Front window wipers and washers. OEM motor and intermittent feature on front minimum. 5.4 Sun visors. 5.5 Seating: 4 or more capacity. 5.6 Lockable doors. 5.7 Mirrors standard OEM or greater. 5.8 Horn 5.9 Air Conditioning capability to OEM standard. 5.10 Emergency LED Lighting to NFPA standard. 5.11 Siren, electronic 5.12 (Place Holder) 6.0 INSTRUMENTATION: 6.1 All gauges as noted below shall read in U.S. units of measure (not metric) at time of delivery. 6.2 Gauges and/or indicators, OEM 6.3 Forward Collision warning 6.4 (Place Holder) 7.0 MISCELLANEOUS: 7.1 Key FOB 7.1.1 Three (3) sets of keys, minimum, to be provided. 7.2 Backup Alarm: Electronic, 7.3 Fire decals and emergency lighting to be provided. 7.3.1 Reflective striping 4” 7.4 Paint OEM standard. 7.5 Publications: 7.5.1 To include parts, service, and operator's manuals. 7.6 Heavy duty front bumper or brush guard. 7.7 Front bumper turret with remote control joystick mounted inside the cab. 7.8 (Place Holder) SPECIAL TERMS AND CONDITIONS 8.0 DELIVERY: 8.1 Pre-delivery service: Prior to delivery, each vehicle, piece of equipment or attachment shall be serviced and inspected by the dealer or his agent. A certification of this inspection must include the following (as applicable to the type of equipment): 8.1.1 Dealer and vehicle identification 8.1.2 Check-off of service and inspection performed including a list of all fluids including type, weight and specification that are in the equipment as delivered for all fluid compartments. 8.1.3 The vehicle’s differential and transmission, and other fluid compartments shall be filled to the manufacturer’s recommended capacity. 8.1.4 Battery system shall be charged to at least register a full on the gauge, unless restricted by the commercial carrier, when vehicle arrives at the delivery location. AGENDA ITEM #13.A.3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Re...Page 169 of 224 Appendix C: Specifications Bayside Fire Response Vehicle Procurement Page 12 of 15 8.1.5 The vehicle shall be clean and free from defects when delivered and should be ready for immediate and continued use upon delivery. 8.1.6 Units delivered in an incomplete state, or that have deficiencies per the specification, are subject to the damage charges as noted in paragraph below. 9.0 WARRANTY: 9.1 Standard Warranty Package: Unless otherwise stipulated by this contract, the contractor will provide a full warranty. 9.1.1 Full (100%) Parts and Labor Warranty Coverage of all components for the full factory warranty, from the date the unit is placed in service. 9.1.2 Full Warranty Coverage includes all cost of labor, parts, freight of parts or associated tools, transportation and travel, lubricants, miscellaneous cost, etc., to place the unit in like-new condition. 9.1.3 Should the manufacturer’s standard warranty exceed the minimum Borough warranty requirements, the manufacturer’s warranty will run in conjunction with and enhance the Borough’s warranty, then continue for the remainder of its term. 9.2 General Warranty Requirements for all Equipment: 9.2.1 Warranty Exceptions: 9.2.1.1 For clarification, warranty does not apply to normal wear and tear or maintenance items, accident damages, misuse of equipment or failure to operate or maintain equipment as prescribed by vendor/manufacturer. 9.2.2 Warranty on Attachments: Same as Standard Warranty Package. 9.2.3 In-Service Date: 9.2.3.1 Warranty on vehicles not placed in service immediately upon receipt because of time lag to construct body components and/or installation of special equipment, or due to seasonal usage or other delay, shall be warranted from the date the vehicle is placed in service. The receiving agency shall notify the vendor/manufacturer in writing of the actual "in service" date. Notification of the requirement for delayed warranty will be provided on delivery orders whenever possible. 9.2.4 Authorized Warranty: For the purpose of this contract, the contractor must meet the following applicable requirements: 9.2.4.1 Contractor must: 9.2.4.1.1 possess a current Alaska Motor Vehicle Dealer License pursuant to AS 08.66.010 through AS 08.66.090, when offering motor vehicles, trailers or semi-trailers, and. 9.2.4.1.2 be a manufacturer(s) authorized warranty service dealer for the unit, a minimum of one year, and. 9.2.4.1.3 have the capability of providing warranty servicing and repair work within the State of Alaska, with an authorized warranty repair facility in Anchorage or Fairbanks, as a minimum. 9.2.4.2 Contractor, if appropriate, shall submit the name, address, Alaska business license of any subcontractor who will provide the warranty servicing and repair work referenced in paragraph above. The contractor must also provide contractual documentation or agreements with the subcontractor ensuring the Borough that the subcontractor will provide complete contract performance on behalf of the contractor as AGENDA ITEM #13.A.3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Re...Page 170 of 224 Appendix C: Specifications Bayside Fire Response Vehicle Procurement Page 13 of 15 set forth in the Bid and verification that the work provided will maintain manufacturer’s warranty requirements. 9.2.4.2.1 Approval of all subcontractors must take place prior to the bid opening. 9.2.4.2.2 The use of a subcontractor does not exclude the provisions as noted requirements of the contractor. 9.2.5 Warranty Claims: 9.2.5.1 Warranty will be provided at the unit’s assigned (in-service) location. Because of the remote location of some equipment, it is not always practical to deliver equipment to authorized warranty repair facilities. In these cases, the contractor may perform warranty work at the Borough's location or, the Borough, at its discretion, reserves the right to perform the warranty work and be reimbursed by the vendor. 9.2.5.2 The Borough has established a warranty procedure whereby the contractor is to be notified via letter, fax, email, etc. that warranty work needs to be performed. If time is of the essence, a telephone call confirmed by one of the above written procedures may be utilized. The contractor must notify the Borough immediately that it will begin to perform the warranty work at the equipment location within 48 hours from receipt of written notification. The Borough may, at its discretion, proceed to make warranty repairs with its own workforce in the case of emergency situation or to preclude excessive downtime (greater than 48 hours). 9.2.5.3 Failure to notify the Borough that the contractor intends to begin to perform warranty work promptly under this paragraph, by the end of the business day following the Borough’s notification that work is required to be performed, is considered a contractual breach. 9.2.7 Factory Recall: 9.2.7.1 Nationwide factory recall or product update programs are the responsibility of the contractor and/or manufacturer. Because of the remoteness of some equipment this is not always practicable or economical. In such cases, factory recall and modification work will be handled the same as warranty work. Factory recall notices sent to the Borough should, in addition to serial number, include model, year, and dealer from who purchased. 10.0 PUBLICATIONS: 10.1 To include service, parts and operator’s manuals. 10.2 All manuals are to be pre-assembled in factory binders prior to delivery. 10.3 Publications are to be received by the Borough not later than 30 days after delivery of the unit. Delivery will not be considered complete until the publications for each unit have been received by the Borough. 10.4 Service Manuals: 10.4.1 Complete set(s), paper books and compact disc if available to include applicable information covering prime unit and attachments: 10.4.1.1 Body, chassis, and electrical 10.4.1.2 Motors, transmission, and differential(s) (service and rebuild) 10.4.1.3 Electrical and Vacuum troubleshooting 10.4.1.4 Wiring diagrams AGENDA ITEM #13.A.3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Re...Page 171 of 224 Appendix C: Specifications Bayside Fire Response Vehicle Procurement Page 14 of 15 10.4.1.5 Service specifications 10.4.1.6 Pump configurations with foam capabilities 10.5 Parts Manuals: 10.5.1 Complete set(s), paper books and electronic format if available to include prime unit and attachments, including updates. If updates are not provided during the one-year warranty period, the Borough will order them from the manufacturer and bill the contractor for the full cost, including shipping. 10.5.2 Parts manuals are to be customized by serial number. 10.6 Operator’s Manuals: Complete set(s) to include prime unit and attachments. 10.7 Quantities: Publications, when required, will be ordered on the same Purchase Order as the unit itself. 10.8 Manuals: To be delivered to, and receipt signed by person(s) as noted on the Purchase Order. 10.9 Service Bulletins, etc.: 10.9.1 The contractor must provide appropriate service bulletins, technical support bulletins, service letters, product support bulletins, and/or any other information type notifications that are sent out to the contractor or used by the manufacturer in the maintenance and report of the vehicle, equipment or attachments being provided. The intent of this clause is that the Borough be provided notification of any and all changes or improvements that may affect the maintenance, reliability, longevity, and safety of our equipment. 10.9.2 This information will be provided as soon as possible to person(s) as noted on the Purchase Order. 11.0 INSPECTIONS: 11.1 The Borough's inspection of all materials and equipment upon delivery is for the sole purpose of identification. Such inspection shall not be construed as final or as acceptance of the materials or equipment if materials or equipment do not conform to contract requirements. If there are any apparent defects in the materials or equipment at the time of delivery, the Borough will promptly notify the contractor thereof. Without limiting any other rights of the Borough, the Borough at its option, may require the contractor to: 11.1.1 Repair or replace at contractor's expense, any or all the damaged goods, 11.1.2 refund the price of any or all the damaged goods, or 11.1.3 accept the return of any or all the damaged goods. 11.2 Costs of remedying all defects, indirect and consequential costs of correcting same, and/or removing or replacing any or all the defective materials or equipment will be charged against the contractor. 12.0 REPLACEMENT PARTS: 12.1 The Borough shall expect the dealer or manufacturer to provide replacement wear parts to the Borough’s facilities within two (2) working days of order. All other parts must be available within ten (10) working days. 12.2 Back-order procedures: Back orders are acceptable; however, the ordering shop shall be apprised at time of original orders as to the expected delay in delivery. 12.3 Warranty: All products supplied by the contractor shall be warranted against defects in materials and workmanship for the full factory warranty, commencing at the time of installation if the installation is within 12 months of purchase. The cost of any defective product and the labor required to replace the defective product shall be the obligation of the contractor. AGENDA ITEM #13.A.3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Re...Page 172 of 224 Appendix C: Specifications Bayside Fire Response Vehicle Procurement Page 15 of 15 12.3.1 If the manufacturer’s warranty exceeds the stated warranty, then manufacturer’s warranty supersedes. 12.3.2 Parts Return: Within 12 months of purchase the Borough is to be allowed to return new parts with full refund fewer shipping charges. 12.3.3 Invoicing: Full description of item is required on all invoices, packing lists and billings. AGENDA ITEM #13.A.3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Re...Page 173 of 224 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 3, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Resolution No. FY2022-15A Amending Resolution No. FY2022-15, A Resolution Of The Assembly Of The Kodiak Island Borough Approving The Annual 2022 Borough Calendar ORIGINATOR: Lina Cruz, Deputy Clerk RECOMMENDATION: Move to adopt Resolution No. FY2022-15A. DISCUSSION: On December 16, 2021, the Assembly adopted Resolution No. FY2022-15 approving The Annual 2022 Borough Calendar. In order to make changes to the meeting calendar, the assembly must first make an amendment to the Resolution. The Assembly directed staff to schedule a work session on November 10, and a regular meeting on November 17, and cancel the work session of December 8 and regular meeting of December 15 due to anticipated lack of quorum because of the Alaska Municipal League Conference. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: AGENDA ITEM #13.B.1. Resolution No. FY2022-15A Amending Resolution No. FY2022-15, A Resolutio...Page 174 of 224 Kodiak Island Borough, Alaska Resolution No. FY2022-15A Page 1 of 1 Introduced by: Mayor 1 Drafted by: Deputy Clerk 2 Introduced on: 11/03/2022 3 Adopted on: 4 5 KODIAK ISLAND BOROUGH 6 RESOLUTION NO. FY2022-15A 7 8 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING THE 9 ANNUAL 2022 BOROUGH CALENDAR 10 11 WHEREAS, the Assembly routinely sets and adopts its meeting calendar for the year by 12 resolution; and 13 14 WHEREAS, the Assembly directed staff to schedule a work session on November 10, and a 15 regular meeting on November 17, in anticipation of the cancelation of December meetings; and 16 17 WHEREAS, the Assembly desires to cancel the work session of December 8 and regular 18 meeting of December 15 due to anticipated lack of quorum because of the Alaska Municipal 19 League Conference; and 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 22 BOROUGH that the Annual 2022 Borough Calendar is amended by: 23 24 Section 1: The following meetings are added 25 • November 10 Work Session 26 • November 17 Regular Meeting 27 28 Section 2: The following meetings are canceled 29 • December 7 Work Session 30 • December 15 Regular Meeting 31 32 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 33 THIS __________ DAY OF _________, 2022. 34 35 KODIAK ISLAND BOROUGH 36 37 ATTEST: 38 ___________________________ 39 Aimee Williams, Borough Mayor ___________________________ 40 Nova M. Javier, Borough Clerk 41 42 VOTES: 43 Ayes: 44 Noes: 45 46 AGENDA ITEM #13.B.1. Resolution No. FY2022-15A Amending Resolution No. FY2022-15, A Resolutio...Page 175 of 224 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 3, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Resolution No. FY2023-16 Approving The Assembly Meeting Calendar For The Year 2023 ORIGINATOR: Nova M. Javier, MMC, Borough Clerk RECOMMENDATION: Move to adopt Resolution No. FY2023-16. DISCUSSION: Ordinance No. FY2018-12 states that the Assembly is to set and adopt its meeting calendar for the following year by resolution. If any of the regular meeting falls on a holiday or holiday eve the assembly may advance, postpone, or cancel meetings as necessary; and when the lack of quorum for holding a meeting occurs, or when there is little or no business to be considered, the Assembly may cancel such meeting and hear its business at the next regular meeting. The Annual Alaska Municipal League conferences are now held during the first week of December. The November 30 work session and December 7 regular meeting were removed from the calendar due to the anticipated lack of quorum. ALTERNATIVES: FISCAL IMPACT: OTHER INFORMATION: KIBC 2.30.030 Types of meetings. A. Regular Meeting. The assembly shall meet in the borough assembly chambers, in the borough administration building, Kodiak, Alaska, and meetings are to commence at 6:30 p.m. on the first and third Thursdays of each month, or such other time and place as may be designated in the notice of the meeting. If the regular meeting day falls on a holiday or holiday eve, then the assembly may advance, postpone, or cancel the meeting as necessary. When the lack of a quorum of the assembly necessary for holding a meeting occurs, or when there is little or no business to be considered at a scheduled regular meeting, the assembly may cancel such meeting and hear its business at the next regular meeting. Public notice of changed meetings shall be made in at least one newspaper of general circulation in the borough. Meetings shall adjourn at 10:30 p.m. unless the time is extended by a majority of the votes to which the assembly is entitled. No meeting shall be extended beyond 11 p.m., unless extended by a two-thirds vote of the assembly, except the meeting shall be extended to set the time and place for resumption of the meeting. AGENDA ITEM #13.B.2. Resolution No. FY2023-16 Approving The Assembly Meeting Calendar For The...Page 176 of 224 Kodiak Island Borough, Alaska Resolution No. FY2023-16 Page 1 of 1 Introduced by: KIB Assembly 1 Drafted by: Borough Clerk 2 Introduced on: 11/03/2022 3 Adopted on: 4 5 KODIAK ISLAND BOROUGH 6 RESOLUTION NO. FY2023-16 7 8 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH APPROVING 9 THE ASSEMBLY MEETING CALENDAR FOR THE YEAR 2023 10 11 WHEREAS, the assembly routinely sets and adopts its meeting calendar for the following year 12 by resolution; and 13 14 WHEREAS, KIBC 2.30.030 further states that if a regular meeting falls on a holiday or holiday 15 eve the assembly may advance, postpone, or cancel meetings as necessary; and when the lack 16 of a quorum for holding a meeting occurs, or when there is little or no business to be considered 17 the assembly may cancel such meeting and hear its business at the next regular meeting; and 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 20 BOROUGH that: 21 22 Section 1. Adoption of Meeting Calendar: The Assembly Meeting Calendar for the Year 2023, 23 attached as Appendix A to this resolution and incorporated herein by reference, is approved. 24 25 Section 2. Revisions to Meeting Calendar. The Assembly may call or schedule additional 26 meetings, or may advance, postpone, or cancel meetings by motion or as otherwise authorized 27 in KIBC 2.30.030 when necessary. 28 29 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 30 THIS ______________ DAY OF NOVEMBER, 2022 31 32 KODIAK ISLAND BOROUGH 33 34 ATTEST: 35 ___________________________ 36 William Roberts, Mayor ______________________________ 37 Nova M. Javier, MMC, Borough Clerk 38 39 40 VOTES: 41 Ayes: 42 Noes: 43 44 AGENDA ITEM #13.B.2. Resolution No. FY2023-16 Approving The Assembly Meeting Calendar For The...Page 177 of 224 New Year's New Years Day Seward's Day Christmas Day Borough Holiday Thanksgiving Day Veteran’s Day Observed Labor DayIndependence Day Juneteenth RR MLK Day Memorial Day Labor Day President’s Day Juneteenth Veteran’s Day Seward’s Day Independence Day Thanksgiving Day Borough Holiday Christmas Day New Years Day Kodiak Island Borough 2023 Annual Calendar Regular Meeting Worksession P&Z R P&Z W Planning & Zoning Meetings Regular Meeting Worksession P&Z R P&Z W Planning & Zoning Meetings Regular Meeting Worksession R W Assembly Meetings Municipal Election E – October 3 Borough Offices are closed in observance of the following holidays: January Sunday Monday Tuesday Wednesday Thursday Friday SaturdaySundayMondayTuesdayWednesdayThursdayFridaySaturdaySundayMondayTuesdayWednesdayThursdayFridaySaturday January Sunday Monday Tuesday Wednesday Thursday Friday Saturday February Sunday Monday Tuesday Wednesday 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SaturdaySundayMondayTuesdayWednesdayThursdayFridaySaturdaySundayMondayTuesdayWednesdayThursdayFridaySaturdaySundayMondayTuesdayWednesdayThursdayFridaySaturday 2024 January Sunday Monday Tuesday Wednesday Thursday Friday Saturday 4 5 611 77 22 33 4 5 6 8 9 11 12 13891010111213 16151516 17 17 18 18 19 19 20 20 23222223 2424 2525 2626 2727 14 21 28 $ $ PPE PPEP&Z R P&Z W R R W W 292929 303030 313131 30 242424 252525 262626 272727 282828 292929 30 PPE PPE E 12 W $ Veteran’s Day Martin Luther King Day 13 Alaska Municipal League Conference AGENDA ITEM #13.B.2. Resolution No. FY2023-16 Approving The Assembly Meeting Calendar For The...Page 178 of 224 AGENDA ITEM #13.B.2. Resolution No. FY2023-16 Approving The Assembly Meeting Calendar For The...Page 179 of 224 AGENDA ITEM #13.B.2. Resolution No. FY2023-16 Approving The Assembly Meeting Calendar For The...Page 180 of 224 KODIAK ISLAND BOROUGH STAFF REPORT NOVEMBER 3, 2022 ASSEMBLY REGULAR MEETING Kodiak Island Borough SUBJECT: Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Interests To Dispose Of The Larsen Bay School Property Located At 502 Third Street In Larsen Bay By Conveyance To The Village Of Larsen Bay With Conditions To Accommodate A Future School Location ORIGINATOR: Dave Conrad, Interim Borough Manager RECOMMENDATION: Move to advance Ordinance No. FY2023-10 to public hearing at the next regular meeting of the Assembly. DISCUSSION: Due to the costs associated with maintaining the property and facility (former school) in Larsen Bay, staff has been directed to pursue the disposal of this parcel and facility. Discussion's have been held with both the City of Larsen Bay and the Native Village of Larsen Bay. Conversations with the Village Council have resulted in an interest of the council to pursue ownership of the school for the purpose of utilizing the facility and grounds as a multi-use facility for the Larsen Bay residents. Discussions with the tribal council president have included the willingness to provide adequate, maintained classroom space for the continued educational purposes of the resident school age children. Language in the disposal agreement has been included in the required disposal documents. ALTERNATIVES: Maintain the current arrangement to fund the utilities and upkeep of the existing site. Update the existing Use Agreement. FISCAL IMPACT: FY2021 - $75,745.10, FY2022 - $67,899.01, FY2023 YTD - $17,184.79. OTHER INFORMATION: Staff has been informed that there have been recent changes with the leadership of the Larsen Bay Village Council. The discussions to date will require verification prior to moving forward. AGENDA ITEM #13.C.1. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 181 of 224 Kodiak Island Borough, Alaska Ordinance No. FY2023-10 Page 1 of 3 Introduced by: Interim Borough Manager 1 Drafted by: Borough Attorney 2 Introduced on: 11/03/2022 3 Public Hearing Date: 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 ORDINANCE NO. FY2023-10 8 9 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH DETERMINING 10 THAT IT IS IN THE BOROUGH’S BEST INTERESTS TO DISPOSE OF THE LARSEN BAY 11 SCHOOL PROPERTY LOCATED AT 502 THIRD STREET IN LARSEN BAY BY 12 CONVEYANCE TO THE VILLAGE OF LARSEN BAY WITH CONDITIONS TO 13 ACCOMMODATE A FUTURE SCHOOL LOCATION 14 15 RECITALS 16 17 WHEREAS, the Kodiak Island Borough (Borough) owns Lot Two (2), Block Eleven (11), Larsen 18 Bay Townsite, U.S. Survey 4872, according to Plat 87-37 filed in the Kodiak Recording District, 19 Third Judicial District, State of Alaska, (the Property) which is an approximately 2.26 acre parcel 20 containing the now closed Larsen Bay School; and, 21 22 WHEREAS, the Borough originally obtained Block 11, of Tract “A” of U.S. Survey 4872 in July 23 1979 from the Village of Larsen Bay as part of its obligations under Section 14(c)(3) of the Alaska 24 Native Claims Settlement Act to provide lands for municipal facilities and through an agreement 25 between Koniag, Inc, the City of Larsen Bay, the Borough and the Village corporation; and, 26 27 WHEREAS, the conveyance of the land to the Borough was only the surface estate, and was 28 restricted for school purposes. The agreement and the deed further provided for the parcel to 29 revert to the Municipality of Larsen Bay should it cease to be used for school purposes; and, 30 31 WHEREAS, in 1987, the Borough and the City of Larsen Bay conducted a land trade and replat 32 of Block 11, Tract “A,” incorporating a vacated right of way and some City of Larsen Bay property 33 into the school parcel re-platted as Lot 2, Block 11, USS 4872, according to Plat 87-37, and 34 conveying part of Block 11, Tract “A,” which was incorporated into Lot 1, Block 11, USS 4872, 35 according to Plat 87-37, to the City of Larsen Bay; and, 36 37 WHEREAS, the Kodiak Island Borough School District officially closed the Larsen Bay School 38 due to low enrollment, and received confirmation from the State of Alaska of the acceptance of 39 the closure in 2018; and, 40 41 WHEREAS, the Kodiak Island Borough School District has no anticipated need for the Property 42 in the foreseeable future, leaving the Borough responsible for any maintenance; and, 43 44 WHEREAS, the reversionary rights in the Property limit the Borough’s ability to use the Property 45 for uses other than school purposes; and, 46 47 WHEREAS, the Borough has advised the City of Larsen Bay of the school closure and the City 48 of Larsen Bay has requested that the Property be conveyed to the Village of Larsen Bay; and, 49 AGENDA ITEM #13.C.1. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 182 of 224 Kodiak Island Borough, Alaska Ordinance No. FY2023-10 Page 2 of 3 50 WHEREAS, the Borough Assembly finds that its maintenance of the Property by the Borough 51 carries a significant cost of over $70,000 per year, and, 52 53 WHEREAS, the Village of Larsen Bay is willing to accept the Property and to provide space 54 within the building for children in Larsen Bay to engage in schoolwork; and, 55 56 WHEREAS, the Borough Assembly finds that it is in the Borough’s best interests to dispose of 57 its interest in the surface estate in the Property by conveyance to the Village of Larsen Bay with 58 the conditions that, should the Borough find it necessary to reestablish a school in Larsen Bay, 59 the Village of Larsen Bay shall either make space available in on the Property to provide for a 60 school or shall provide the Borough with an alternate school site parcel with utility hookups of at 61 least one acre in size in a single parcel for use as a school site; and, 62 63 WHEREAS, KIBC 18.20.020 permits the Borough to dispose of land in any manner not 64 prohibited by law, unless another provision of Title 18 of the KIBC or another provision of law 65 establishes a specific mandatory procedure; and, 66 67 WHEREAS, KIBC 18.20.030 calls for Planning Commission review and recommendation prior 68 to approval of a disposal of an interest in land by the Borough; and, 69 70 WHEREAS, the Assembly finds that Planning Commission review of this proposed disposal of 71 an interest in land would not provide meaningful guidance where the land is subject to a 72 reversionary interest and restricted uses. Therefore, it is in the Borough’s best interests to dispose 73 of the Property without requiring Planning Commission review under KIBC 18.20.030 prior to 74 disposal; and, 75 76 WHEREAS, the Property with building and land have an estimated value of $3,152,400. KIBC 77 18.20.050 calls for an ordinance and public vote ratifying the disposal if a sale, lease or other 78 permanent disposal of an interest in Borough land valued at over $1 million to a single entity is to 79 be accomplished by means other than an outcry auction; and, 80 81 WHEREAS, the Assembly finds that the restrictions on marketability, the reversionary interest 82 in the Property and the ongoing holding costs make the market value of this Property for a sale is 83 less than $1 million. Further, the Assembly finds that the value to the Borough is less than the 84 building value when the lack of a current use and the required maintenance costs are taken into 85 account, and finds that it is in the Borough’s best interests to have a clear determination as to 86 whether the ratification requirement will apply to proposals received for this disposal process. 87 Therefore, the Assembly finds that the ratification requirement in KIBC 18.20.050 should be 88 waived because the Borough’s ability to market the Property to other parties is severely restricted 89 if not precluded entirely; and, 90 91 WHEREAS, KIBC 18.20.100 authorizes disposal of an interest in property for less than fair 92 market value under where the disposal is to another governmental entity or a nonprofit corporation 93 or association. The Assembly finds that the disposal by conveyance to the Village of Larsen Bay 94 as designee by the City of Larsen Bay is within the scope of the intent of that code section. 95 96 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 97 BOROUGH THAT: 98 99 AGENDA ITEM #13.C.1. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 183 of 224 Kodiak Island Borough, Alaska Ordinance No. FY2023-10 Page 3 of 3 Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the 100 Kodiak Island Borough Code of Ordinances. 101 102 Section 2: That the Borough Manager is authorized to convey the Property to the Village of 103 Larsen Bay by quitclaim deed substantially in the form attached hereto as Appendix 1, subject 104 to the conditions that, should the Borough find it necessary to reestablish a school in Larsen Bay, 105 the Village of Larsen Bay shall either make space available in on the Property to provide for a 106 school or shall provide the Borough with an alternate school site parcel with utility hookups of at 107 least one acre in size in a single parcel for use as a school site. The transfer shall be on terms 108 substantially the same as the terms set out in the Agreement for the Transfer of Real Property 109 with Reservation of Rights attached as Appendix 2 and incorporated herein by reference. The 110 Borough shall also retain a first right of refusal to return of the property in the event the Village of 111 Larsen Bay desires to sell the Property. 112 113 Section 3: That the disposal of the Property authorized by this ordinance shall not be subject 114 to Planning Commission review and recommendation prior to disposal under KIBC 18.20.030. To 115 the extent that code section would apply it is superseded by this ordinance and will not apply to 116 the disposal by lease under this ordinance. 117 118 Section 4: That the disposal of the Property authorized by this ordinance shall not be subject 119 to a requirement for ratification of the ordinance authorizing the disposal under KIBC 18.20.050. 120 To the extent that code section would apply it is superseded by this ordinance and will not apply 121 to the disposal under this ordinance. 122 123 Section 5: This ordinance shall become effective as provided in KIBC 1.10.040. 124 125 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 126 THIS ____ DAY OF _______________, 2022 127 128 KODIAK ISLAND BOROUGH 129 ATTEST: 130 131 ___________________________ 132 Mayor Amy Williams ___________________________ 133 Nova Javier, Borough Clerk 134 VOTES: 135 Ayes: 136 Noes: 137 AGENDA ITEM #13.C.1. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 184 of 224 FIRST RIGHT OF REFUSAL - Page 1 of 2 S\Kodiak Island Borough (20.236.A) Engineering - Facilities (Public Works)\School Closures\Larsen Bay School Sale\First Right of Refusal AFTER RECORDING, MAIL TO: Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 Attn: Revenue Accountant FOR RECORDATION IN THE KODIAK RECORDING DISTRICT FIRST RIGHT OF REFUSAL THIS FIRST RIGHT OF REFUSAL (FRR), made and executed this _____ day of _____________________, 2022, by and between Native Village of Larsen Bay, whose address is Post Office Box 50, Larsen Bay, Alaska, 99624, hereinafter called Grantor, and Kodiak Island Borough, a second class borough organized under the laws of the State of Alaska, whose address is 710 Mill Bay Road, Kodiak, Alaska 99615-6398, its heirs, successors and assigns, hereinafter called Grantee, WITNESSETH: Grantor, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does by these presents grant and convey unto Grantee a first right of refusal for the purchase of all of the following described real property and improvements situated thereon (herein, FRR Property) located with the City of Larsen Bay, Alaska, to wit: Lot Two (2), Block Eleven (11), Larsen Bay Townsite, U.S. Survey 4872, according to Plat 87-37 filed in the Kodiak Recording District, Third Judicial District, State of Alaska. Grantor covenants and agrees that Grantor shall not offer the FRR Property for sale or solicit or otherwise consider a third-party offer to purchase the FRR Property without Grantee’s written consent. In the event Grantor, its successors or assigns, offers the FRR Property for sale or receives a bona fide offer from a third-party to purchase the FRR Property that Grantor is willing to accept, the offer shall be subject to the first refusal rights of Grantee to purchase the FRR Property for $10, set forth herein and as more particularly set forth in Section 2.c.iii. of that Agreement For Transfer of Real Property With Reservation of Rights (Agreement), executed concurrent with this FRR. Grantee shall be entitled to exercise a first right of refusal as to (1) any offer of sale made by Grantor, and (2) any offer of purchase received by Grantor from a third-party which Grantor is willing to accept. In the event Grantor intends to offer the FRR Property for sale, Grantor shall first give Grantee written notice of the intent to offer the FRR Property for sale, after which notice Grantee shall have ninety (90) days to provide written notice of Grantee’s election to exercise the right to purchase the FRR Property is delivered to Grantor within ninety (90) days from the date of Grantee’s receipt of said written notice from Grantor. AGENDA ITEM #13.C.1. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 185 of 224 FIRST RIGHT OF REFUSAL - Page 2 of 2 S\Kodiak Island Borough (20.236.A) Engineering - Facilities (Public Works)\School Closures\Larsen Bay School Sale\First Right of Refusal If Grantee does not exercise the first right of refusal, Grantor shall be entitled to sell the FRR Property to a third-party free and clear of Grantee’s first right of refusal. All notices under this FRR shall be mailed to the parties’ addresses set forth above or to such updated addresses as either party may inform the other in writing. IN WITNESS WHEREOF, Grantor has caused these presents to be executed in its name this _____ day of _____________________, 2022. GRANTOR Native Village of Larsen Bay ________________________________________ By: Its: ACKNOWLEDGMENT STATE OF ALASKA )) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this _____ day of _____________________, 2022, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared ________________________ to me known to be the ________________________of the Native Village of Larsen Bay, the entity which executed the above and foregoing instrument; who on oath stated that he/she was duly authorized to execute said instrument and affix the corporate seal thereto on behalf of said entity; who acknowledged to me that he/she signed and sealed the same freely and voluntarily on behalf of said entity for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certificate First above written. ________________________________________NOTARY PUBLIC FOR ALASKA My Commission Expires:_____________________ AGENDA ITEM #13.C.1. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 186 of 224 AGREEMENT FOR TRANSFER OF REAL PROPERTY WITH RESERVATION OF RIGHTS - Page 1 of 8 s/Kodiak Island Borough (20.236.A) Engineering - Facilities (Public Works) School Closures/Larsen Bay School Sale/Agreement for Transfer of Real Property AGREEMENT FOR TRANSFER OF REAL PROPERTY WITH RESERVATION OF RIGHTS THIS AGREEMENT for the Transfer of Real Property with Reservation of Rights (Agreement), is made and entered into this _____ day of _________________, 2022, by and between the Kodiak Island Borough, Alaska, a second-class Borough, (Borough), 710 Mill Bay Road, Kodiak, Alaska 99615, and, the City of Larsen Bay (City), a second class City, whose address is Post Office Box 8, Larsen Bay, Alaska, 99624; and, Native Village of Larsen Bay (Village), a Recognized Tribe, whose address is Post Office Box 50, Larsen Bay, Alaska, 99624. WHEREAS, The Borough owns Lot Two (2), Block Eleven (11), Larsen Bay Townsite, U.S. Survey 4872, according to Plat 87-37 filed in the Kodiak Recording District, Third Judicial District, State of Alaska, (the Property) which is an approximately 2.26 acre parcel containing the now closed Larsen Bay School; and, WHEREAS, The Borough originally obtained Block 11, of Tract “A” of U.S. Survey 4872 in July 1979 from the Village as part of its obligations under Section 14(c)(3) of the Alaska Native Claims Settlement Act to provide lands for municipal facilities and through an agreement between Koniag, Inc, the City, the Borough and the Village; and, WHEREAS, The conveyance of the land to the Borough was only the surface estate, and was restricted for school purposes. The agreement and the deed further provided for the parcel to revert to the Municipality of Larsen Bay should it cease to be used for school purposes; and, WHEREAS, In 1987, the Borough and the City conducted a land trade and replat of Block 11, Tract “A,” incorporating a vacated right of way and some City property into the school parcel re-platted as Lot 2, Block 11, USS 4872, according to Plat 87-37, and conveying part of Block 11, Tract “A,” which became Lot 1, Block 11, USS 4872, according to Plat 87-37, to the City; and, WHEREAS, The Kodiak Island Borough School District officially closed the Larsen Bay School due to low enrollment, and received confirmation from the State of Alaska of the acceptance of the closure in 2018; and, WHEREAS, The Kodiak Island Borough School District has no anticipated need for the Property in the foreseeable future, leaving the Borough responsible for any maintenance; and, WHEREAS, The reversionary rights in the Property limit the Borough’s ability to use the Property for uses other than school purposes; and, WHEREAS, The Borough has advised the City of the school closure and the City has requested that the property be conveyed directly to the Village rather than to the City for later transfer to the Village; and, WHEREAS, The Borough desires to transfer the Property to the City or its designee, but desires a condition with the transfer on retention of rights to reuse the Property or receive substitute property for school purposes should the Borough be required to reestablish a school in Larsen Bay; and, AGENDA ITEM #13.C.1. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 187 of 224 AGREEMENT FOR TRANSFER OF REAL PROPERTY WITH RESERVATION OF RIGHTS - Page 2 of 8 s/Kodiak Island Borough (20.236.A) Engineering - Facilities (Public Works) School Closures/Larsen Bay School Sale/Agreement for Transfer of Real Property WHEREAS, The Village desires to receive the Property for use for providing services to the public in Larsen Bay; and, WHEREAS, The Village is willing to accept the Property subject to the conditions identified by the Borough, and to grant the Borough a First Right of Refusal to the Property, and further agrees to provide space within the building for children in Larsen Bay to engage in schoolwork; and, WHEREAS, The Borough Assembly finds that it is in the Borough’s best interests to dispose of its interest in the surface estate in the Property by conveyance to the Village with conditions preserving the Borough’s rights to use property in Larsen Bay for school purposes if required in the future. NOW, THEREFORE, the Borough, City and Village mutually agree as follows: 1.Transfer of Property. The Borough agrees to transfer and convey, and the Village agrees to receive and accept, subject to the terms and conditions herein contained, the real property described as the Property, located at 502 Third Street, Larsen Bay, Alaska 99624, for the total price set forth in Section 2, below. The City agrees to consent to the transfer and assigns its reversionary rights, if any, to the Village. The Property is more particularly described as: Lot Two (2), Block Eleven (11), Larsen Bay Townsite, U.S. Survey 4872, according to Plat 87-37 filed in the Kodiak Recording District, Third Judicial District, State of Alaska. 2.Terms and Conditions of Sale. a. Form of Deed. The conveyance shall be by quitclaim deed substantially in the form attached as Appendix 1. b. Purchase Price and Other Consideration. The consideration for the Property shall be the purchase price to be paid by the Village of $10 and other good and valuable consideration of agreement to the conditions on transfer described herein. c. Conditions on Transfer. i.Student Study Space. The Village shall provide space within the building for children in Larsen Bay to engage in schoolwork. ii.Provision of School Site. Should the Borough find it necessary to reestablish a school in Larsen Bay, upon request by the Borough, the Village shall, within 180 days, either make space available in on the Property to provide for a school or shall provide the Borough with an alternate school site parcel for use for school purposes. The alternate school site parcel must be at least one acre in size in a single lot, and must have utility hookups. Should the Village fail to do either, the title to the Property may, at the Borough’s option, revert to the Borough. iii. First Right of Refusal. The Borough shall be entitled to exercise a first right of refusal (FRR), substantially in the form attached as Appendix 2, to repurchase the Property for $10 in the event that (1) the Village intends to make, or makes, an offer of sale, and (2) any offer of purchase is received by the Village from a third-party which the Village is willing AGENDA ITEM #13.C.1. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 188 of 224 AGREEMENT FOR TRANSFER OF REAL PROPERTY WITH RESERVATION OF RIGHTS - Page 3 of 8 s/Kodiak Island Borough (20.236.A) Engineering - Facilities (Public Works) School Closures/Larsen Bay School Sale/Agreement for Transfer of Real Property to accept. In the event the Village intends to offer the Property for sale or entertain a third party offer to purchase, the Village shall first give the Borough written notice of the intent to offer the Property for sale, after which notice the Borough shall have ninety (90) days to provide written notice of the Borough’s election to exercise the right to repurchase the Property by delivering to the Village within ninety (90) days from the date of the Borough’s receipt of said written notice from the Village. If the Borough does not exercise the first right of refusal, the Village shall be entitled to sell the Property to a third-party free and clear of the Borough’s first right of refusal. Sale of the Property by the Village will not remove the responsibility to provide an alternate school site under Section 2.c.ii. of this Agreement. 3.Condition of Property. The Village agrees that it has had adequate opportunity to inspect the Property. The Village is accepting the Property “as is” without warranty or representation of the Borough or the City as to the condition of the Property or its suitability for a particular purpose. 4.Possession. The Borough shall deliver possession of the Property to the Village at or before Closing. 5.Notice. Any notice, demand, request, consent, approval, or other communication that either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class, certified or registered mail at the addresses set forth below. Either party may change its address by notifying the other party of its change of address in writing. Notice shall be deemed to have been duly made and given when delivered if served personally, or upon the expiration of twenty- four (24) hours after the time of mailing if mailed as provided in this Section. Borough: Kodiak Island Borough Attn: Borough Manager 710 Mill Bay Road Kodiak, Alaska 99615 City: City Mayor Post Office Box 8 Larsen Bay, Alaska 99624 Village: Native Village of Larsen Bay Post Office Box 50 Larsen Bay, Alaska 99624 6.Time is of the Essence. Time is of the essence of this Agreement. 7.Miscellaneous Provisions. a. Brokers and Finders. Each party represents to the other that no broker or finder has been involved in this transaction. In the event of a claim for broker’s fee, finder’s fee, commission or other similar compensation in connection herewith, the party that incurred such a fee or obligation shall be solely responsible for the payment thereof. b. Terminology. Whenever herein the singular number is used, the same shall include the plural, and the masculine gender shall include the feminine and neuter genders. AGENDA ITEM #13.C.1. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 189 of 224 AGREEMENT FOR TRANSFER OF REAL PROPERTY WITH RESERVATION OF RIGHTS - Page 4 of 8 s/Kodiak Island Borough (20.236.A) Engineering - Facilities (Public Works) School Closures/Larsen Bay School Sale/Agreement for Transfer of Real Property c. Nonwaiver. No delay or omission of the right to exercise any power by either party shall impair any such right or power, or be construed as a waiver of any default or as acquiescent therein. One or more waivers of any covenant, term or condition of this Agreement by either party shall not be construed by the other party as a waiver of subsequent breach of the same covenant, term or condition. The consent or approval by either party to any act by the other party of a nature requiring consent or approval shall not be deemed to waive or render unnecessary consent to or approval of any subsequent similar act. d. Survival. All provisions of this Agreement which involve obligations, duties or rights and all representations, warranties and indemnifications made in or to be made pursuant to this Agreement shall survive the closing and/or the recording of the quitclaim deed and separately enforceable as a contract. e. Laws Applicable. The laws of the State of Alaska shall govern the construction, validity, performance and enforcement of this agreement. Venue as to any action, claim, or proceeding arising out of, or based upon this Agreement, including, but not limited to, any action for declaratory or injunctive relief, shall be the appropriate court sitting in the City of Kodiak, Third Judicial District, Alaska. f. Paragraph Headings. The heading of the several sections and subsections contained herein are for convenience only and do not define, limit or construe the contents of such sections and subsections. g. Successors and Assigns. Except as otherwise provided herein, the covenants, agreements and obligations herein contained shall extend to bind and inure to the benefit not only of the parties hereto but their respective personal representatives, heirs, successors and assigns. h. Terms Constructed as Covenants and Conditions. Every term and each provision of this Agreement performable by the Borough or Village shall be construed to be both a covenant and a condition. i. Limited Waiver of Sovereign Immunity. The Village waives its sovereign immunity only in the context of and to the extent necessary for the enforcement by the Borough of the conditions on transfer set out in Section 2.c. of this Agreement and in the quitclaim deed and FRR. j. Counterparts. This Agreement may be executed in any number of counterparts, and each such counterpart hereof shall be deemed to be an original instrument, but all such counterparts together shall constitute but one agreement. k. Entire Agreement. This Agreement and any schedules, or exhibits attached hereto, set forth all the covenants, promises, agreements, conditions or understandings, either oral or written, and there are no other agreements between them other than as set forth. No contemporaneous or subsequent agreement, understanding, alteration, amendment, change or addition to this Agreement, or any schedule, appendix, exhibit or attachment hereto, shall be binding upon the parties hereto unless reduced to writing and signed by both parties. WHEREFORE, the parties hereto have executed this Agreement on the dates specified below. AGENDA ITEM #13.C.1. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 190 of 224 AGREEMENT FOR TRANSFER OF REAL PROPERTY WITH RESERVATION OF RIGHTS - Page 5 of 8 s/Kodiak Island Borough (20.236.A) Engineering - Facilities (Public Works) School Closures/Larsen Bay School Sale/Agreement for Transfer of Real Property [SIGNATURE PAGES TO FOLLOW] Borough: Kodiak Island Borough DATE:_______________________ __________________________________ By: _______________________________ Its: Borough Manager APPROVED AS TO FORM: ___________________________ Scott A. Brandt-Erichsen Borough Attorney BOROUGH ACKNOWLEDGMENT STATE OF ALASKA )) ss.THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this _______ day of _________________________, 2022, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared ____________________________ to me known to be the Borough Manager of the Kodiak Island Borough, a second-class Borough, the entity which executed the above and foregoing instrument; who on oath stated that he was duly authorized to execute said instrument and affix the corporate seal thereto on behalf of said entity; who acknowledged to me that he signed and sealed the same freely and voluntarily on behalf of said entity for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certificate first above written. __________________________________ NOTARY PUBLIC FOR ALASKA My Commission Expires: ______________ AGENDA ITEM #13.C.1. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 191 of 224 AGREEMENT FOR TRANSFER OF REAL PROPERTY WITH RESERVATION OF RIGHTS - Page 6 of 8 s/Kodiak Island Borough (20.236.A) Engineering - Facilities (Public Works) School Closures/Larsen Bay School Sale/Agreement for Transfer of Real Property ATTEST: __________________________________Nova JavierBorough Clerk BOROUGH ACKNOWLEDGMENT STATE OF ALASKA )) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this _______ day of _________________________, 2022, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared Nova Javier to me known to be the Borough Clerk of the Kodiak Island Borough, a second-class Borough, the entity which executed the above and foregoing instrument; who on oath stated that she was duly authorized to execute said instrument and affix the corporate seal thereto on behalf of said entity; who acknowledged to me that she signed and sealed the same freely and voluntarily on behalf of said entity for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certificate first above written. __________________________________ NOTARY PUBLIC FOR ALASKA My Commission Expires: ______________ AGENDA ITEM #13.C.1. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 192 of 224 AGREEMENT FOR TRANSFER OF REAL PROPERTY WITH RESERVATION OF RIGHTS - Page 7 of 8 s/Kodiak Island Borough (20.236.A) Engineering - Facilities (Public Works) School Closures/Larsen Bay School Sale/Agreement for Transfer of Real Property Native Village of Larsen Bay: DATE:_______________________ __________________________________ By: _______________________________ Its: _______________________________ VILLAGE ACKNOWLEDGMENT STATE OF ALASKA )) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this _______ day of _________________________, 2022, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared ________________________ to me known to be the ________________________ of the Native Village of Larsen Bay, the entity which executed the above and foregoing instrument; who on oath stated that he/she was duly authorized to execute said instrument and affix the corporate seal thereto on behalf of said entity; who acknowledged to me that he/she signed and sealed the same freely and voluntarily on behalf of said entity for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certificate first above written. __________________________________ NOTARY PUBLIC FOR ALASKA My Commission Expires: ______________ AGENDA ITEM #13.C.1. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 193 of 224 AGREEMENT FOR TRANSFER OF REAL PROPERTY WITH RESERVATION OF RIGHTS - Page 8 of 8 s/Kodiak Island Borough (20.236.A) Engineering - Facilities (Public Works) School Closures/Larsen Bay School Sale/Agreement for Transfer of Real Property City of Larsen Bay: DATE:_______________________ __________________________________ By: _______________________________ Its: _______________________________ CITY OF LARSEN BAY ACKNOWLEDGMENT STATE OF ALASKA )) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this _______ day of _________________________, 2022, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared ________________________ to me known to be the City Mayor of the City Of Larsen Bay, a second-class City, the entity which executed the above and foregoing instrument; who on oath stated that he/she was duly authorized to execute said instrument and affix the corporate seal thereto on behalf of said entity; who acknowledged to me that he/she signed and sealed the same freely and voluntarily on behalf of said entity for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certificate first above written. __________________________________ NOTARY PUBLIC FOR ALASKA My Commission Expires: ______________ AGENDA ITEM #13.C.1. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 194 of 224 QUITCLAIM DEED – Page 1 of 3 S:\Kodiak Island Borough (20.236.A) Engineering-Facilities (Public Works)/School Closures/ Larsen Bay School Sale/Quitclaim Deed AFTER RECORDING, MAIL TO: Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 Attn: Revenue Accountant FOR RECORDATION IN THE KODIAK RECORDING DISTRICT QUITCLAIM DEED A.S. 34.15.040 The Grantor, Kodiak Island Borough, a second class borough organized under the laws of the State of Alaska, whose address is 710 Mill Bay Road, Kodiak, Alaska 99615-6398, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does convey, release and quitclaim to Grantee, Native Village of Larsen Bay, whose address is Post Office Box 50, Larsen Bay, Alaska, 99624, all of Grantor’s right, title and interest, if any, without warranty, in and to that certain real property located in the State of Alaska and more particularly described as follows: Lot Two (2), Block Eleven (11), Larsen Bay Townsite, U.S. Survey 4872, according to Plat 87-37 filed in the Kodiak Recording District, Third Judicial District, State of Alaska. Title to the property is subject to any and all covenants, restrictions, easements, reservations of record; all easements and encroachments whether or not of record or assessments; and, all zoning ordinances, plat requirements and covenants. PROVIDED, further, that title is subject to the condition and reserved right of Grantor that should the Grantor notify Grantee that Grantor is required to reestablish a school in Larsen Bay, the Grantee shall, within 180 days, either make sufficient space available on the Property to provide for a school or shall convey to the Grantor with an alternate school site parcel for use for school purposes. The AGENDA ITEM #13.C.1. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 195 of 224 QUITCLAIM DEED – Page 2 of 3 S:\Kodiak Island Borough (20.236.A) Engineering-Facilities (Public Works)/School Closures/ Larsen Bay School Sale/Quitclaim Deed alternate school site parcel must be at least one acre in size in a single lot, and must have utility hookups. The condition is discharged if Grantor exercises its First Right of Refusal to repurchase the Property as provided for in the separate First Right of Refusal of even date. If Grantee fails to satisfy this condition and the Grantor’s First Right of Refusal has not been waived or expired, title shall, at Grantor’s option, automatically revert to Grantor. DATED this ______ day of _________________________, 2022. GRANTOR: Kodiak Island Borough __________________________________ By: _______________________________ Its: Borough Manager BOROUGH ACKNOWLEDGMENTS STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this _______ day of _________________________, 2022, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared ____________________________ to me known to be the Borough Manager of the Kodiak Island Borough, a second-class Borough, the entity which executed the above and foregoing instrument; who on oath stated that he was duly authorized to execute said instrument and affix the corporate seal thereto on behalf of said entity; who acknowledged to me that he signed and sealed the same freely and voluntarily on behalf of said entity for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certificate first above written. __________________________________ NOTARY PUBLIC FOR ALASKA My Commission Expires: ______________ AGENDA ITEM #13.C.1. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 196 of 224 QUITCLAIM DEED – Page 3 of 3 S:\Kodiak Island Borough (20.236.A) Engineering-Facilities (Public Works)/School Closures/ Larsen Bay School Sale/Quitclaim Deed ATTEST: By: ________________________________ Nova Javier, Borough Clerk STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ______ day of _________________________, 2022, before me, the undersigned, a notary public in and for the State of Alaska, duly commissioned and sworn, personally appeared Nova Javier to me known to be the Borough Clerk of the Kodiak Island Borough, a municipal corporation, the corporation which executed the above and foregoing instrument; who acknowledged to me that she signed the same freely and voluntarily on behalf of said corporation for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in the certificate first above written. __________________________________ NOTARY PUBLIC FOR ALASKA My Commission Expires: ______________ AGENDA ITEM #13.C.1. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 197 of 224 $- $5,000.00 $10,000.00 $15,000.00 $20,000.00 $25,000.00 $30,000.00 $35,000.00 $40,000.00 $45,000.00 FY2019 Heating Fuel FY2019 Electricity & Meter FY2019 Water & Sewer FY2019 Janitorial FY2019 Misc. FY2020 Heating Fuel FY2020 Electricity & Meter FY2020 Water & Sewer FY2020 Janitorial FY2020 Misc. FY2021 Heating Fuel FY2021 Electricity & Meter FY2021 Water & Sewer FY2021 Janitorial FY2021 Misc. FY2022 Heating Fuel FY2022 Electricity & Meter FY2022 Water & Sewer FY2022 Janitorial FY2022 Misc. FY2023 Heating Fuel FY2023 Electricity & Meter FY2023 Water & Sewer FY2023 Janitorial FY2023 Misc. Larsen Bay -Cost Break Down FY2019 -FY2023 (Current) TOTAL COSTS PER FISCAL YEAR FY2023: 17,184.79 FY2022: $67,899.01 FY2021: $75,745.10 FY2020: $70,084.48 FY2019: $21,405.97 Note: Heating Fuel Rates Range: $3.94-$4.64 Electricity two different rates: Uninterruptable ($0.11) and Interruptible ($0.40). AGENDA ITEM #13.C.1.Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 198 of 224 Kodiak Island Borough ENGINEERING & FACILITIES DEPT. 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9394 Fax (907) 486-9394 Agreement for Use & Operations RE: Larsen Bay School Building Kodiak Island Borough & City of Larsen Bay Page 1 of 5 AGREEMENT FOR THE USE AND OPERATIONS OF LARSEN BAY SCHOOL BETWEEN KODIAK ISLAND BOROUGH AND CITY OF LARSEN BAY This agreement entered into this _____ day of ___________________, 2022, by and between the Kodiak Island Borough, hereinafter referred to as the BOROUGH, and the City of Larsen Bay, hereinafter referred to as the CITY. The Larsen Bay school facility in its entirety, school gyms, multi-purpose rooms, classrooms, storage areas, and grounds hereinafter referred to as the SCHOOL. RECITALS WHEREAS the BOROUGH has under its jurisdiction the operation and management of the Larsen Bay School. Said SCHOOL are physically convenient and capable of being used by the CITY and its programs. Maximum use can be made of said SCHOOL by the joint use there of the BOROUGH and the CITY and it is in the best interests of the parties hereto and the public that such use be made thereof. NOW THEREFORE in consideration of the above premises and the undertaking and covenants of each of the parties as hereinafter set forth, it is agreed by and between the parties as follows: AGREEMENT 1. TERMS: This agreement shall be affective for a term of 12 months commencing on November 1, 2022 and ending October 31, 2023. The agreement may be terminated by either party giving 30 days’ written notice or immediate termination may occur based on violation of terms of this agreement. 2. PROGRAM: BOROUGH and CITY program offerings should be complementary and supportive and not competitive in nature. 3. FACILITIES: The SCHOOL, which is the subject of this agreement include the facility in its entirety, school gym, multi-purpose rooms, classrooms, storage spaces, and grounds. AGENDA ITEM #13.C.1. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 199 of 224 Agreement for Use & Operations RE: Larsen Bay School Building Kodiak Island Borough & City of Larsen Bay Page 2 of 5 4. PRIORITY OF USE OF SCHOOL FACILITIES: Priority of use is relative and reflects the intended primary use of the facilities for K- 12 educational purposes and the secondary use of community service for recreation and leisure-time activities. 5. SUMMARY OF ACTIVITIES: Specific request for use will be made by the CITY to the BOROUGH and will include the following: i. Homeschooling classes: 8:30am – 3:25pm Monday through Friday. ii. High School Students: use gym after home schooling to practice for sports for an hour each day. iii. The Community: on occasion for Community events 1. Potlucks, Thanksgiving, Christmas, etc. iv. On occasion when there are traveling folks that work with the kids for a school program they stay at the school. 6. DENIAL OF FACILITIES: The BOROUGH and CITY reserve the right to deny the use of the SCHOOL to grounds and/or individuals when their behavior may either do physical harm to the facilities or participants, or by their presence, downgrade or offend the moral and ethical standards of the BOROUGH and Community. The BOROUGH Manager or his/her designee is designated to enact this denial on the BOROUGH’S behalf. 7. CITY’S OBLIGATION: The CITY’S responsibility is as follows: i. Provide the following utilities original payments for the building: 1. Heating Fuel 2. Electricity 3. Water/Sewage ii. Provide a custodian/day man and their original wages to do regular cleaning and maintenance for the SCHOOL. 1. The custodian shall be an employee of the CITY. All personnel aspects and the actions of the custodian will be the responsibility of the CITY. 2. Not to exceed 15 hours per week. 3. Designated Custodian/Day Man: SAM KENOYER 4. Duties outlined in Attachment A. iii. Provide the custodian/day man with necessary supplies to perform their duties. 1. Cleaning/Janitorial supplies iv. Schedule all CITY programs and activities. 1. Homeschooling program v. Provide for safe storage and handling of all items used during CITY education or recreation activities. AGENDA ITEM #13.C.1. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 200 of 224 Agreement for Use & Operations RE: Larsen Bay School Building Kodiak Island Borough & City of Larsen Bay Page 3 of 5 vi. Provide adequate numbers of trained, qualified personnel for supervision of all CITY sponsored education or recreation activities and ensure that the CITY education or recreation participants have vacated the premises prior to the conclusion of any activates. 8. BOROUGH OBLIGATION: The BOROUGH will: i. Provide reimbursement for following utilities: 1. Heating Fuel 2. Electricity 3. Water/Sewage 4. Custodian Wages. ($20 per hour, not to exceed 15 hours per week) ii. Provide all building maintenance to ensure individual health and safety in the facility. iii. Handle all major mechanical or building repair work. 9. PROPERTY DAMAGE: The SCHOOL or property thereon damaged or destroyed by reason of negligence or acts of the CITY employees or persons using the SCHOOL under the CITY’S supervision shall be the responsibility of the CITY and reimbursement for replacement or repair shall be made by the CITY to the BOROUGH; however nothing herein contained shall be construed to obligate the CITY to make repairs for damage which is due to ordinary wear and tear. 10. LIABILITY INSURANCE The CITY shall at all times, maintain and keep in effect liability insurance, naming the KODIAK ISLAND BROUGH SCHOOL DISTRICT and the KODIAK ISLAND BOROUGH as additional named insured and agrees to indemnify the BOROUGH and KODIAK ISLAND BOROUGH SCHOOL DISTRICT for any injuries which occur on the SCHOOL premises due to the users’ negligence. Proof of insurance is to be provided to the BOROUGH. The BOROUGH will be given thirty (30) days’ written notice prior to cancellation of liability insurance. 11. ASSIGNMENT: The CITY shall not assign a portion of, or all of, their duties of this agreement to a third party without written notification to, and written permission of the BOROUGH. 12. (EXTRA) AGENDA ITEM #13.C.1. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 201 of 224 Agreement for Use & Operations RE: Larsen Bay School Building Kodiak Island Borough & City of Larsen Bay Page 4 of 5 ACKNOWLEDGE OF AGREEMENT FOR THE KODIAK ISLAND BOROUGH:FOR THE CITY OF LARSEN BAY: ______________________________ David Conrad Title: Acting Kodiak Island Borough Manager Date: _________________________ ______________________________ Bill Nelson Title: Mayor of Larsen Bay Date: _________________________ ATTESTED: ______________________________ Nova M. Javier, Borough Clerk Date: _________________________ ATTESTED: ______________________________ Susan Malutin, City of Larsen Bay Clerk Date: _________________________ AGENDA ITEM #13.C.1. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 202 of 224 Agreement for Use & Operations RE: Larsen Bay School Building Kodiak Island Borough & City of Larsen Bay Page 5 of 5 Attachment A – Custodian/ Day Man’s Duties Custodian Duties Day Man Duties Daily: ❖Sweep gym floor/spot clean any spills etc. ❖Remove all garbage ❖Sweep all vinyl floors ❖Clean whiteboards ❖Vacuum carpets ❖Mop food prep area ❖Wipe down kitchen ❖Mop bathrooms & wipe down ❖Mop lunchroom ❖Check and fill all paper towel and toilet paper ❖Take all garbage to the dump Twice per Week: ❖Mop all vinyl floors ❖Deep clean/sanitize bathrooms or more if needed ❖Clean bleachers/spot clean walls Once per Week: ❖Clean windows inside and out ❖Wipe desks and furniture or more if needed ❖Dust window blinds and sills ❖Buff vinyl floors Once per Month: ❖Clean window blinds with damp cloth Twice per Year: ❖Deep clean rubber gym floor *if you are unsure how to keep the rubber gym floor clean, please contact Glen Clough, Old Harbor School Day Man/Custodian 907- 286-2213. The rubber has bery precise cleaning procedures. ❖Shampoo carpets Once per Year: ❖Shampoo rugs – spot clean if needed ❖Strip and re-wax vinyl floors As Needed: ❖Clean kitchen stoves ❖And anything else that is needed Daily: ❖Inspect building and determine needs for repair for the main building and gym. ❖Manage the up-keep of equipment and supplies to meet health and safety standards. ❖Replace broken items. ❖Pick up freight as needed from airport or Post Office. ❖Put freight away and/or organize. ❖Pick up personnel as needed from the airport. ❖Maintain the furnace room. ❖Replace light bulbs and fixtures as needed. ❖Standard plumbing. AGENDA ITEM #13.C.1. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 203 of 224 INV # INV Date Description Total 28926-31251 11/2/2018 Heating Fuel 1,981.18$ 28926-31300 11/30/2018 Garbage 103.00$ 28926-31301 11/30/2018 Water & Sewer 286.75$ 28926-31310-1 12/3/2018 Electric & Meter Fee 1,737.00$ 28926-31310 12/3/2018 Electic & Meter Fee 848.80$ 28926-31390 1/3/2019 Electric & Meter Fee 3,107.65$ 28926-31426 2/1/2019 Electric & Meter Fee 870.47$ 28926-31453 2/20/2019 Janitorial Services 1,839.40$ 28926-31526 4/1/2019 Electric & Meter Fee 2,882.48$ 28926-31566 5/1/2019 Electric & Meter Fee 2,320.60$ 28926-31585 5/8/2019 Janitorial Services 1,881.62$ 28926-31650 6/3/2019 Electric & Meter Fee 1,971.02$ FY2019 28926-31575 6/3/2019 Heating Fuel 1,576.00$ 28926-31735 7/1/2019 Electric & Meter Fee 1,659.94$ 28926-31751 7/11/2019 Janitorial Services 1,816.40$ 28926-31791 8/1/2019 Electric & Meter Fee 60.87$ 3086 8/6/2019 ScottsHeating - Gas&Boiler Checked with INV 180774 511.71$ 28926-31870 9/3/2019 Electric & Meter Fee 15.44$ 180774 9/19/2019 Travel to Villages 671.00$ 28926-33519 9/24/2019 Janitorial Services 2,531.16$ 28926-33541 10/1/2019 Electric & Meter Fee 16.64$ 154673 10/4/2019 NAPA - Glycol Buckets 13.28$ 607328 10/4/2019 Sutliffs - Glycol Lids 23.96$ 10/17/2019Taylor Fire - Annual Fire Alarm Inspection 1,897.02$ 3139 10/11/2019ScottsHeating - Spare Parts for Heating System 509.39$ 2827247 10/29/2019 SPAN AK - Shipping for Window 158.67$ 28926-33589 11/1/2019 Electric & Meter Fee 227.63$ 11/13/2019 Capitol Glass - Window Replacement 342.39$ 200067 11/30/2019 Glycol (x4) 5 gal Bucket 366.04$ 28926-33651 12/2/2019 Electric & Meter Fee 1,582.39$ 700081 12/3/2019 Air Fare to Ship Glycol, Boiler Parts & Window to Larsen Bay 473.00$ 28926-33671 12/19/2019 Janitorial Services 2,739.50$ 28926-33707 12/31/2019 Water & Sewer 286.75$ 28926-33706 1/2/2020 Electric & Meter Fee 4,868.99$ 28926-33772 1/24/2020 Heating Fuel 1,658.74$ 28926-33778 1/31/2020 Water & Sewer 286.75$ 9433293603 2/4/2020 Grainger - Sump Pump 800.68$ 28926-33771 2/5/2020 Electric & Meter Fee 6,165.04$ 28926-33773 2/13/2020 Heating Fuel 1,926.66$ 28926-33774 2/18/2020 Heating Fuel 1,028.34$ 28926-33783 3/3/2020 Janitorial Services 2,028.45$ Larsen Bay - Combined Costs Breakdown By FY AGENDA ITEM #13.C.1. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 204 of 224 28926-33771 3/3/2020 Electric & Meter Fee 6,165.04$ 28926-33803 3/3/2020 Electric & Meter Fee 2,230.23$ 28926-33804 3/3/2020 Water & Sewer 286.75$ 28926-33809 3/4/2020 Heating Fuel 2,955.00$ 28926-33838 3/28/2020 Heating Fuel 2,675.26$ 28926-33863 4/3/2020 Electric & Meter Fee 2,057.15$ 0403369-IN 4/6/2020 Glycol (x4) 5 gal Bucket 104.99$ 31027 4/17/2020 Taylor Fire - Compressor Mount 2,989.12$ 769857 4/17/2020Air Fare to ship Glycol and Sump Pump Compressor 409.50$ 28926-33899 4/30/2020 Water & Sewer 286.75$ 28926-33920 5/1/2020 Electric & Meter Fee 2,614.59$ 28926-33926 5/10/2020 Heating Fuel 1,788.76$ 28926-33946 5/31/2020 Water & Sewer 286.75$ 28926-33972 6/1/2020 Electric & Meter Fee 4,238.80$ 28926-34042 6/30/2020 Electric & Meter Fee 8,070.66$ 28926-34059 6/30/2020 Janitorial Services 4,107.24$ FY2020 28926-34043 6/30/2020 Water & Sewer 286.75$ 28926-34075 7/31/2020 Water & Sewer 286.75$ 28926-34150 8/4/2020 Electric & Meter Fee 2,047.20$ CM 28926-34090 8/25/2020 Credit on Electric & Meter Fee (2,047.20)$ 28926-34149 8/31/2020 Water & Sewer 286.75$ 28926-34090 9/2/2020 Electric & Meter Fee 2,376.60$ 418413-IN 9/4/2020 Petro - Glycol Buckets 84.77$ 28926-34189 9/30/2020 Water & Sewer 286.75$ 28926-34198 10/1/2020 Electric & Meter Fee 2,479.16$ 28926-34230 10/30/2020 Heating Fuel 2,265.50$ 849722 11/2/2020 Flight for Repairs on Spriklers 1,275.00$ 849737 11/3/2020 Flight for Repairs on Spriklers 1,275.00$ 28926-34249 11/3/2020 Electric & Meter Fee 4,617.63$ 28926-3264 11/18/2020 Heating Fuel 2,880.14$ 20346 11/23/2020 Local Electric - Sprinkler System Repair 1,975.22$ 28926-34287 12/4/2020 Electric & Meter Fee 2,196.22$ 32841 12/17/2020 Taylor Fire - Compressor Work 5,466.15$ 28926-34314 12/19/2020 Heating Fuel 2,036.98$ 32458 1/8/2021 Electric & Meter Fee 1,786.20$ 42433 1/8/2021 Electric & Meter Fee 15.00$ 32483 1/29/2021 Heating Fuel 3,612.98$ 32524 2/10/2021 Electric & Meter Fee 15.55$ 32525 2/10/2021 Electric & Meter Fee 1,786.20$ 32544 2/11/2021 Janitorial Services 8,155.00$ 32532 2/22/2021 Heating Fuel 591.00$ 32537 2/23/2021 Heating Fuel 3,270.20$ 32557 3/3/2021 Heating Fuel 1,040.16$ 32566 3/4/2021 Electric & Meter Fee 45.47$ 32567 3/4/2021 Electric & Meter Fee 6,804.60$ 32833 3/31/2021 Heating Fuel 1,970.00$ 32817 4/2/2021 Heating Fuel 2,281.26$ 32612 4/8/2021 Electric & Meter Fee 15.44$ AGENDA ITEM #13.C.1. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 205 of 224 32613 4/8/2021 Electric & Meter Fee 2,229.00$ 32668 4/18/2021 Heating Fuel 256.10$ 32654 5/10/2021 Electric & Meter Fee 1,901.00$ 32679 5/10/2021 Electric & Meter Fee 16.64$ 32815 5/11/2021 Heating Fuel 4,412.80$ 32700 6/7/2021 Electric & Meter Fee 1,407.93$ 32750 6/28/2021 Heating Fuel 2,758.00$ 32788 6/30/2021 Electric & Meter Fee 15.00$ FY2021 32789 6/30/2021 Electric & Meter Fee 1,570.95$ 32903 8/4/2021 Electric & Meter Fee 15.00$ 32904 8/4/2021 Electric & Meter Fee 3,247.85$ 32962 9/3/2021 Electric & Meter Fee 2,589.72$ 33029 9/20/2021 Heating Fuel 2,698.90$ 33016 10/6/2021 Electric & Meter Fee 317.00$ 574576-IN 10/14/2021 Petro - Glycol Buckets 114.16$ 33074 11/5/2021 Heating Fuel 3,163.82$ 33087 11/5/2021 Heating Fuel 2,344.30$ 33102 11/11/2021 Janitorial Services 10,340.00$ 33115 11/16/2021 Heating Fuel 1,804.52$ 33122 11/17/2021 Electric & Meter Fee 3,258.51$ 33121 11/17/2021 Electric & Meter Fee 15.00$ 33163 11/30/2021 Heating Fuel 2,746.18$ 33206 12/1/2021 Electric & Meter Fee 2,229.00$ 33207 12/1/2021 Electric & Meter Fee 15.00$ 33170 12/1/2021 Water & Sewer 860.25$ 33243 12/19/2021 Heating Fuel 4,055.36$ 33260 1/3/2022 Heating Fuel 1,837.44$ 33284 1/5/2022 Electric & Meter Fee 15.00$ 33284 1/5/2022 Electric & Meter Fee 2,622.60$ 33296 1/5/2022 Water & Sewer 286.75$ 581879-IN 1/10/2022 Petro - Glycol Buckets 114.16$ 33321 1/17/2022 Heating Fuel 2,881.44$ 33342 1/31/2022 Heating Fuel 3,470.72$ 33362 2/2/2022 Electric & Meter Fee 15.00$ 33361 2/2/2022 Electric & Meter Fee 1,884.60$ 33378 2/2/2022 Water & Sewer 286.75$ 33402 2/15/2022 Heating Fuel 2,524.16$ 33407 2/25/2022 Janitorial Services 4,500.00$ 33441 3/7/2022 Electric & Meter Fee 15.00$ 33442 3/7/2022 Electric & Meter Fee 1,835.40$ 33432 3/7/2022 Heating Fuel 3,076.32$ 33455 3/7/2022 Water & Sewer 286.75$ 33520 4/4/2022 Electric & Meter Fee 15.00$ 33519 4/4/2022 Electric & Meter Fee 2,130.60$ 33494 4/1/2022 Water & Sewer 286.75$ 33543 6/17/2022 Heating Fuel 4,299.42$ 33590 6/17/2022 Heating Fuel 1,367.50$ AGENDA ITEM #13.C.1. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 206 of 224 33614 6/30/2022 Electric & Meter Fee 15.00$ 33614 6/30/2022 Electric & Meter Fee 2,607.60$ 33615 6/30/2022 Electric & Meter Fee 15.00$ FY2022 33648 6/30/2022 Electric & Meter Fee 15.00$ 33649 7/22/2022 Electric & Meter Fee 7,084.80$ 33649 7/22/2022 Electric & Meter Fee 15.00$ 33775 8/26/2022 Electric & Meter Fee 2,607.60$ 33775 8/26/2022 Electric & Meter Fee 15.00$ 33775 8/26/2022 Electric & Meter Fee 15.17$ 33775 8/26/2022 Electric & Meter Fee 15.00$ 33778 7/29/2022 Electric & Meter Fee 2,607.60$ 33778 7/29/2022 Electric & Meter Fee 15.00$ 33778 7/29/2022 Electric & Meter Fee 15.17$ 33778 7/29/2022 Electric & Meter Fee 15.00$ 33827 8/26/2022 Electric & Meter Fee 2,607.60$ 33827 8/26/2022 Electric & Meter Fee 15.00$ 33827 8/26/2022 Electric & Meter Fee 15.00$ 33947 10/14/2022 Electric & Meter Fee 4,703.52$ 33947 10/14/2022 Electric & Meter Fee 15.00$ 33947 10/14/2022 Water & Sewer 65.80$ 33947 10/14/2022 Garbage 10.30$ FY2023 33967 CR 10/14/2022 Credit for INV 33775 (2,652.77)$ AGENDA ITEM #13.C.1. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 207 of 224 Fiscal Year Total Cost FY2019 Heating Fuel 3,557.18$ FY2019 Electricity & Meter 13,738.02$ FY2019 Water & Sewer 286.75$ FY2019 Janitorial 3,721.02$ FY2019 Misc. 103.00$ Total 21,405.97$ Fiscal Year Total Cost FY2020 Heating Fuel 12,032.76$ FY2020 Electricity & Meter 39,973.41$ FY2020 Water & Sewer 1,720.50$ FY2020 Janitorial 7,087.06$ FY2020 Misc. 9,270.75$ Total 70,084.48$ Fiscal Year Total Cost FY2021 Heating Fuel 27,375.12$ FY2021 Electricity & Meter 29,278.59$ FY2021 Water & Sewer 860.25$ FY2021 Janitorial 8,155.00$ FY2021 Misc. 10,076.14$ Total 75,745.10$ Fiscal Year Total Cost FY2022 Heating Fuel 30,603.16$ FY2022 Electricity & Meter 20,220.28$ FY2022 Water & Sewer 2,007.25$ FY2022 Janitorial 14,840.00$ FY2022 Misc. 228.32$ Total 67,899.01$ Fiscal Year Total Cost FY2023 Heating Fuel -$ FY2023 Electricity & Meter 17,108.69$ FY2023 Water & Sewer 65.80$ FY2023 Janitorial -$ FY2023 Misc. 10.30$ Total 17,184.79$ FY2019 Heating Fuel 3,557.18$ FY2019 Electricity & Meter 13,738.02$ FY2019 Water & Sewer 286.75$ FY2019 Janitorial 3,721.02$ FY2019 Misc. 103.00$ FY2019 Misc. FY2020 Heating Fuel FY2020 Electricity & Meter FY2020 Water & Sewer FY2020 Janitorial FY2020 Misc. FY2021 Heating Fuel FY2021 Electricity & Meter FY2021 Water & Sewer FY2021 Janitorial FY2021 Misc. FY2022 Heating Fuel FY2022 Electricity & Meter FY2022 Water & Sewer FY2022 Janitorial FY2022 Misc. FY2023 Heating Fuel FY2023 Electricity & Meter FY2023 Water & Sewer FY2023 Janitorial FY2023 Misc. AGENDA ITEM #13.C.1. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 208 of 224 FY2020 Heating Fuel 12,032.76$ FY2020 Electricity & Meter 39,973.41$ FY2020 Water & Sewer 1,720.50$ FY2020 Janitorial 7,087.06$ FY2020 Misc. 9,270.75$ FY2021 Heating Fuel 27,375.12$ FY2021 Electricity & Meter 29,278.59$ FY2021 Water & Sewer 860.25$ FY2021 Janitorial 8,155.00$ FY2021 Misc. 10,076.14$ FY2022 Heating Fuel 36,270.08$ FY2022 Electricity & Meter 22,872.88$ FY2022 Water & Sewer 2,007.25$ FY2022 Janitorial 14,840.00$ FY2022 Misc. 228.32$ FY2023 Heating Fuel -$ FY2023 Electricity & Meter 17,108.69$ FY2023 Water & Sewer 65.80$ FY2023 Janitorial -$ FY2023 Misc. 10.30$ $- FY2019 Heating Fuel FY2019 Electricity & Meter FY2019 Water & Sewer FY2019 Janitorial FY2019 Misc. AGENDA ITEM #13.C.1. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 209 of 224 Larsen Bay -Cost Break Down FY2019 AGENDA ITEM #13.C.1. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 210 of 224 $5,000.00 $10,000.00 $15,000.00 AGENDA ITEM #13.C.1. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 211 of 224 -Cost Break Down FY2019 -FY2022 (Current) TOTAL FY2022: $67,899.01 FY2021: $75,745.10 FY2020: $70,084.48 FY2019: $21,405.97 AGENDA ITEM #13.C.1. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 212 of 224 $20,000.00 $25,000.00 $30,000.00 AGENDA ITEM #13.C.1. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 213 of 224 TOTAL COSTS PER FISCAL YEAR FY2022: $67,899.01 FY2021: $75,745.10 FY2020: $70,084.48 FY2019: $21,405.97 AGENDA ITEM #13.C.1. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 214 of 224 $35,000.00 $40,000.00 $45,000.00 AGENDA ITEM #13.C.1. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Int...Page 215 of 224 KODIAK ISLAND BOROUGH Planning and Zoning Commission Regular Meeting September 21,2022 A Planning and Zoning Commission Regular Meeting of the Kodiak Island Borough Assembly waws held on September 21,2022,in the Borough Assembly Chambers, 710 Mill Bay Road of the Kodiak Island Borough Building,710 Mill Bay Road.The meeting was called to order at 6:30 p.m. Present were Alan Schmitt,Paul VanDyke,Kent Cross,Linnea Johnson,Cort Neff, Christopher Paulson and Laura Griffin Call To Order Pledge of Allegiance Roll Call The above referenced Commissioner's were present. Approval of Agenda Cross Moves to Approve the September 21,2022,Regular Meeting Agenda Paulson Seconds Motion Voice Vote Carried Unanimously 7/0 Approval of Minutes Cross Moves to Approve the August 17,2022,Regular Meeting Minutes CrossPaulson Seconds MotionVoiceVoteCarriedUnanimously 7/0Citizens’CommentsCitizenCommentislimited to three minutes per speaker.Local Number:486-3231,Toll-Free Number 855-492-9202.Comments are for general topics only.-ScottArndtoKaleyBarserian Kodi ak Isl an d BoroughPlanningandZoningCommissionRegular Sept emb er 21,2022MeetingMinutes AGENDA ITEM #18.A.1.Planning and Zoning Commission MinutesPage 216 of 224 M2»m.__<“_zo:os_nmozms_<ozoommZ0 m»o>._._<U ._._om .:o_..o_>_wucoomwtwz .Esov .\m__B 89 m5 m:_>oE .3 53:5:E0:2 _.2m>>92“.mo.9.:o_wc£xm cmom>mm:wm.m._:oE<we.mnE:c E0:m>oE 2 co:oE ucoEm 2 mo>oE 9_>n_:m> .:o_.oE vwvcmecmwucoommm.o.o._o .:o_____>_3 .2 :mE$_8n_$5 _o=m~..u..m_Hmm>>m_..852..25 _._o_____>_N:.2 >§Em__._xm_:Eo m:_>mn_3 596::.3 ucm3 3536::mEm=9__§_2__um:v?mmmmsm Q009:.8 ..m_._n__o :o_mmmwx.o>>m.N.mn_9:2 co=oE u:mEm 9 mm>oE 9_>n_:m> co_.o_>_mccoommmv_>n_:m> _bo-mmom>n_co_S_ommm_Boom2 $36 $20 —.OOumNON>n_CO_«3_Ow0W_mC_CONucmDC_CCN_n_...om._2n_Hr_0F_0>O._QE__Nu_QNO UZO_._.O_>_Z0 m._.O>._._<U ._._om :o_mm:om_uco_mm_EEoo macaw:o__n=n_$20 2 E20 m-~9.-m£mm::9 .5~m-8_lom m_ ucmoco;qo.o_E 9:co E3 .5 cm_m :o>:“macaw:o__n:n_:30 2 ._m_._o m>on_>:::EF_OO m:_.o<-:o%.tmew :o=o_>_wucooowcom_:mn_ .69 2 :9:.2mo._mo:E99.mEmumo?m:_v__:n9:B:8:9:cov$moo_on 2 _o~_m:_Em. Qmzamon:9:._£mm.m9..we__m;mnewn::oEmw>>3m932..vm2 Q:_$zm__ma__m;m E5:m_m6:53_uBm:_E:___cmhoEmEao_m>ou9:.2_w>_.n__o:mNwm_.m33 mmEsocx >_:oEEooP$3dov_m.co:_uu<“mam.2mocm_._m>9:w>oEam 2 mm>oE $20 .NoN .5383::80.9:.5 __mocmo :o>.o mEm:So»Emu .E:_uon_9:2 9:8 wmmma.EmmEon2 9___2:95 ..o.om._n_u:0...:QO_ mmSc__>_mc_.mm_>_«mom .3 mssoaom .m__..mom__._o_mm_EEoo mc__._oNcammc_:cm_n..._m:o.omucm_m_xm_uov_ .>_coE0:053%6.:.29mmEoEEoo .~o~m-~9.-$m.2532mw._n_-__O._.Smwowv“.8532 .80.. ._9_$%EammS:_E3...:2U0=:.___m_EwEEoo :m~_._o o__n:n_ an >._m:os__z<z:nm_mm<AGENDA ITEM #18.A.1.Planning and Zoning Commission MinutesPage 217 of 224 Old Business New Business Planning and Zoning Case Results Letters 0 22-014 Doubt Planning and Zoning Results Letter 0 22-015 City of Kodiak Planning and Zoning Results Letter 0 23-002 Oceanfront Kodiak,LLC Planning and Zoning Results Letter Abbreviated &Final Approvals -Subdivisions o S22-015 Oceanfront Kodiak,LLC Final Plat o S22-016 Oceanfront Kodiak,LLC Final Plat Directors‘Comments o States that Vice Chair VanDyke running the Work Session,as very diligently.Thanks VanDyke -Staff expecting Natives of Kodiak upcoming Subdivision 0 Researching KIBC to not accept Abbreviated Plats during this time.Expresses that in doing this,will force all plats before the Commission. o Advertising for both CDD Director and Planner Citizens‘Comments Citizen Comment is limited to three minutes per speaker. Local Number:486-3231,Toll-Free Number 855-492-9202. Comments are for general topics only. o Scott Arndt reiterates the want to edit KIBC on abbreviated plats Commissioners‘Comment -Neff states appreciation for everyone’s work and comments Chair t o PublicHearing:Ifyouwouldliketobeheard,pleasecometothepodium, sign in,onthemicrophoneandstateyournameoryoucancallin,thelocalnumber is 907- 486- 3231, tollfree855-492-9202. Commi ssion discus sion ROLL VOTEONFIRSTAMENDEDMOTIONCARRIEDUNANIMOUSLY7/0 Kod iak Isl an d BoroughPlanningandZoningCommissionRegular Sept emb er 21,2022MeetingMinutes C h ai r toClosePublicHearing AGENDA ITEM #18.A.1.Planning and Zoning Commission MinutesPage 218 of 224 mom.5Esoaom 9: nm__mm<om:o>m_o_o> co=o_>_mucoowmcom_:mn_ .mnE9awwm5E:o:um9mm>oE $20 .EwE:._:o__o< Noa«mom.389200o 5Smc=oo_>_._m__._mmm_uxo:m_._._..9 noem_NNoN559900o n_9.:Bco_mmmmv:o>>com:mg».a .._m:o9:._.:O.._..._mu:oEoo::o::< acammew:n__om:o_>m.aEonm9:8..c_t_.O.m.__>_mmEoo_o>>=_E_._ow . oEoo_o>>.__m£.2co_mw_EEo0m£mxcm?cE:0 . :o_m_>_un:wmc_Eooa: m52u._m>>._o..mcv_oo_2new$3n__o05.6wwoooamc=mm:9.c_m£mm?umcowccow. :_.c:0.m._>_mmEoo_m>> om_<gm:n__omLmo>m_£95Sa:o_mm:om_vucmtotm9:comEwEEoowmeo . cE:0.95. mwEoo_o>>..m_._n=09:co£95m_.mco_mw_EEoo9.co_.m_omaammmmmmaxm9_>n_:m>. émnemco >_nEomw<m__v_:_o9moo._.E.Q cm .2_um_:uocowm_co_mw_EEoo mc_coNucmmc_:cm_n_m .m.mnEm;o >_nEomm<m_v_c_8500...E.Q o ._Ouuo?umcow w_CO_mw_C.=.:OOmC_CONUCNmc_ccm_ mmSc__>_m:_.$_>_«mom .3 Eeoaom Ezmwm:o_mm_EEo0 m:EoNnewmc_:cm_n_;m:o.om_ucm_w_xmiov. ._>_.n_mm?Hmmc._:o_umm:_.mm_>_._m_:momN >4mDO_>__Z<Z3 >._9m._oom000 6:50 _._>2Eo._ Ioaomom oz<._m_x<_oox mc_..oo_>_Esmmm«mom ém ._mr_o.=_E:om cm_<“co um>oag< . m.oo_AGENDA ITEM #18.A.1.Planning and Zoning Commission MinutesPage 219 of 224 AGENDA ITEM #18.A.2.Fire Protection Area No. 1 Board MinutesPage 220 of 224 AGENDA ITEM #18.A.2.Fire Protection Area No. 1 Board MinutesPage 222 of 224 AGENDA ITEM #18.A.2.Fire Protection Area No. 1 Board MinutesPage 224 of 224 Page 1 of 9 Kodiak Island Borough Assembly Regular Meeting Guidelines Thursday, November 3, 2022, 6:30 p.m. Assembly Chambers 1. INVOCATION MAJOR DAVE DAVIS OF THE SALVATION ARMY. 2. PLEDGE OF ALLEGIANCE MAYOR WILLIAMS 3. STATEMENT OF LAND ACKNOWLEDGEMENT MAYOR WILLIAMS We are gathered on the traditional homeland of the Sugpiaq/Alutiiq people and we acknowledge the 10 tribes of the Kodiak Alutiiq Region. We recognize the Alutiiq culture that enriches our community to this day. 4. ROLL CALL KIBC 2.25.070… 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 __________ who is absent due to personal leave. ROLL CALL VOTE ON MOTION 5. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed marked with an asterisk (*) are considered to be routine and non-controversial items by the Assembly and will be approved by one motion. Recommended motion: Move to approve the agenda and consent agenda. Recommended motion: Move to amend the agenda by removing Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Offices And Common Spaces In The KFRC Facility off the agenda. ROLL CALL VOTE ON MOTION TO AMEND. VOICE VOTE ON MOTION AS AMENDED. Page 2 of 9 6. *APPROVAL OF MINUTES A. Regular Meeting Minutes of October 20, 2022 7. CITIZENS' COMMENTS Agenda items not scheduled for public hearing and general comments. Read the phone numbers: Local is 907-486-3231; Toll Free is 1-855-492-9202. Please ask speakers to: 1. Sign in and state their name for the record 2. Turn on the microphone before speaking 3. Address all remarks to the assembly as a body and not to any member thereof 4. If calling in – turn off any listening devices to prevent feedback 8. AWARDS AND PRESENTATIONS – None. 10. PUBLIC HEARING A. Ordinance No. FY2023-11 Determining That It Is In The Borough's Best Interests To Lease The Property At 717 E. Rezanof Drive Pursuant To A Competitive Request For Proposals Process Which Waives Certain Disposal Procedures Clerk’s note: Any member who has a conflict of interest should disclose and ask for the Mayor’s ruling. Example: Madame mayor, I would like to declare a conflict of interest because ________. I request your ruling regarding my declaration. Mayor: I rule that Assembly member ________ has a conflict of interest and should be excused from the meeting. The individual excused may step down from the dais and leave the meeting room. 9. COMMITTEE REPORTS Page 3 of 9 Recommended motion: Move to adopt Ordinance No. FY 2023-11. Staff report – Dave Conrad, Interim Borough Manager Open public hearing. Read phone numbers: 907-486-3231, Toll Free 1-855-492- 9202. Please ask speakers to: 1. Sign in and state their name for the record 2. Turn on the microphone before speaking 3. Address all remarks to the assembly as a body and not to any member thereof 4. If calling in – turn off any listening devices to prevent feedback Close the public hearing. Assembly discussion. ROLL CALL VOTE ON THE MOTION. B. Ordinance No. FY2023-02A An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Ordinance No. FY2023-02, Fiscal Year 2023 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures, And Moving Funds Between Projects Recommended motion: Move to adopt Ordinance No. FY 2023-02A. Staff report – Dora Cross, Finance Director Open public hearing. Page 4 of 9 Read phone numbers: 907-486-3231, Toll Free 1-855-492- 9202. Please ask speakers to: 1. Sign in and state their name for the record 2. Turn on the microphone before speaking 3. Address all remarks to the assembly as a body and not to any member thereof 4. If calling in – turn off any listening devices to prevent feedback Close the public hearing. Assembly discussion. ROLL CALL VOTE ON THE MOTION. 11. BOROUGH MANAGER’S REPORT 12. MESSAGES FROM THE BOROUGH MAYOR 13. CONSIDERATION OF CALENDAR - UNFINISHED BUSINESS 14. CONSIDERATION OF CALENDAR - NEW BUSINESS A. Election Of The 2022-2023 Borough Assembly Deputy Presiding Officer Mayor to open the floor for nominations. Recommended motion: Move to nominate Assembly member ______________________ as Deputy Presiding Officer Ask for any other nominations. If none, please close the nominations. Ballot slips to be distributed and collected by the Clerk. Clerk and designee will tally and announce the elected member. 14.A. CONTRACTS Page 5 of 9 1. Contract No. FY2023-21 Carpet Replacement For the Main Floor Of NOAA Offices And Common Spaces In The KFRC Facility Clerk’s Note: If item was removed from agenda, proceed to next contract. Recommended motion: Move to approve Contract No. FY2023-21 Carpet Replacement for the Main Floor of NOAA Offices and Common Spaces in the KFRC Facility as described in the statement of work to Eastside Carpet Company of Anchorage, Alaska. Staff report – Dave Conrad, Interim Borough Manager Assembly discussion. ROLL CALL VOTE ON THE MOTION 2. Contract No. FY2023-27 Completion Of The Peterson HVAC And Roof Replacement Project With Jensen Yorba Wall Recommended motion: Move to authorize the manager to execute Contract No. FY2023-27 completion of the Peterson HVAC and roof replacement project with Jensen Yorba Wall. Staff report – Dave Conrad, Interim Borough Manager Assembly discussion. ROLL CALL VOTE ON THE MOTION. 3. Contract No. FY2023-28 Bayside Fire Response Vehicle Procurement with Rebel Strike, LLC Recommended motion: Move to authorize the Manager to execute Contract No. FY2023-28 bid to Rebel Stike, LLC. for the Bayside Fire Response Vehicle procurement in the amount of $247,264. Staff report – Dave Conrad, Interim Borough Manager Assembly discussion. ROLL CALL VOTE ON THE MOTION. Page 6 of 9 14.B. 1. 2. RESOLUTIONS Resolution No. FY2022-15A Amending Resolution No. FY2022-15, A Resolution Of The Assembly Of The Kodiak Island Borough Approving The Annual 2022 Borough Calendar Recommended motion: Move to adopt Resolution No. FY2022-15A. Staff report – Nova M. Javier, Borough Clerk Assembly discussion. ROLL CALL VOTE ON THE MOTION. Resolution No. FY2023-16 Approving The Assembly Meeting Calendar For The Year 2023 Recommended motion: Move to adopt Resolution No. FY2023-16. Staff report – Nova M. Javier, Borough Clerk Assembly discussion. ROLL CALL VOTE ON THE MOTION. 14.C. ORDINANCES FOR INTRODUCTION 1. Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Interests To Dispose Of The Larsen Bay School Property Located At 502 Third Street In Larsen Bay By Conveyance To The Village Of Larsen Bay With Conditions To Accommodate A Future School Location Recommended motion: Move to advance Ordinance No. FY2023-10 to public hearing at the next regular meeting of the Assembly on November 17, 2022. Staff report – Dave Conrad, Interim Borough Manager. Assembly discussion. ROLL CALL VOTE ON THE MOTION. Page 7 of 9 14.D. OTHER ITEMS – None 15. CITIZENS' COMMENTS. Read the phone numbers: Local is 907-486-3231; Toll Free is 1- 855-492-9202 Please ask speakers to: 1. Sign in and state their name for the record 2. Turn on the microphone before speaking 3. Address all remarks to the assembly as a body and not to any member thereof 4. If calling in – turn off any listening devices to prevent feedback 16. ASSEMBLY MEMBERS’ COMMENTS MAYOR WILLIAMS: The next Assembly Work Session is scheduled for Thursday, November 10, 2022, at 6:30 p.m. in Borough Assembly Chambers. The next regular meeting is scheduled for Thursday, November 17, 2022, at 6:30 p.m. in the Borough Assembly Chambers. The General Election will be held on Tuesday, November 8, 2022. Polling hours are from 7 a.m. to 8 p.m. 17. EXECUTIVE SESSION A. Assembly Discussion Of The Qualifications Of David Conrad To Serve As Borough Manager Recommended motion: Move to convene into executive session under the authority of KIBC 2.30.030(F)(1)(C) for the purpose of discussing the qualifications of David Conrad to serve as Borough Manager. This is a matter which may tend to prejudice the reputation or character of Mr. David Conrad who has been notified of the potential executive session. Assembly discussion. ROLL CALL VOTE ON MOTION. Recommended motion: Move to invite the Mayor, Assembly members, and Interim Borough Manager David Conrad into executive session. Page 8 of 9 VOICE VOTE ON MOTION. After the vote, Mayor Williams recesses the regular meeting and convenes the executive session. Upon returning from the executive session, Mayor Williams 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. The Assembly must state the motion and vote outside of executive session. ROLL CALL VOTE ON ANY MOTION THAT MAY HAVE RESULTED FROM THE EXECUTIVE SESSION. B. Discussion Of The Terms Upon Which To Extend An Offer Of Employment To A Potential Borough Manager Recommended motion: Move to convene into executive session to discuss the terms upon which to extend an offer of employment to a potential Borough Manger. This matter qualifies for executive session under the authority of KIBC 2.30.030(F)(1)(B) as a matter the immediate public knowledge of which would tend to affect adversely the finances of the borough. Assembly discussion. ROLL CALL VOTE ON MOTION. Recommended motion: Move to invite the Mayor, Assembly members, and Special Projects Support Officer Meagan Christiansen into executive session VOICE VOTE ON MOTION. After the vote, Mayor Williams recesses the regular meeting and convenes the executive session. Upon returning from the executive session, Mayor Williams reconvenes the regular meeting and announces Page 9 of 9 • No action is to be taken as a result of the executive session. -or- • The Assembly may make a motion if necessary. The Assembly must state the motion and vote outside of executive session. ROLL CALL VOTE ON ANY MOTION THAT MAY HAVE RESULTED FROM THE EXECUTIVE SESSION. 18. ADJOURNMENT Recommended motion: Move to adjourn the meeting. VOICE VOTE ON MOTION. KIBC 2.30.030 A…. Meetings shall adjourn at 10:30 p.m. unless the time is extended by a majority of the votes to which the assembly is entitled. No meeting shall be extended beyond 11 p.m., unless extended by a two- thirds vote of the assembly, except the meeting shall be extended to set the time and place for resumption of the meeting. Kodiak Island Borough OFFICE of the MANAGER 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9301 Fax (907) 486-9390 TO: Kodiak Island Borough Assembly, Mayor Williams FROM: David Conrad, Interim Borough Manager RE: Managers Report, November 3, 2022 FY2023 Budget Book – The Finance Department has completed the FY2023 Budget Book and has provided copies to the assembly for informational purposes. PKIMC – Staff will present the settlement agreement to the assembly and will request endorsement to finalize the claims for the two fuel spill incidents at the Long-Term Care Center and the Hospital facilities. KIBSD – Finance will be presenting two ordinances to the assembly for consideration and approval to dedicate the ARPA Funds to the single project, Peterson Elementary School HVAC, and Roof Repairs. KIB Electrical Contractor, Local Electric is working on the repair/replacement of the flashing light on Rezanof that had significant hardware failure last year. Assessing – KANA Case – Depositions were completed last week. Working on follow up information after depositions. December 12,13, 14 are the trial dates. Assessing staff continues performing the required field work for the reassessment of properties within the City of Kodiak boundaries. Staff is prepared for the distribution of the updated senior citizen and disabled veteran exemption applications and the personal property and aircraft filing forms. Community Development - Staff are working on various permits and applications. Natives of Kodiak have submitted Spruce Cape subdivision has been submitted for preliminary plat review. Mill Bay Plaza final plat is anticipated for presentation of final review. Finance – Staff has started the annual filing of small claims for delinquent personal property accounts, notices are currently being served. The Full Payment Option for property taxes went well and the next payment date is November 15th which is when the second half payment is due. GASB87 – Governmental Accounting Standards Board requirements went into effect June 2021. This requires the lessee to recognize a lease liability and an intangible right to use lease assets at the end of a lease term. Finance is examining the current leases for potential changes if required to meet these requirements. Engineering and Facilities – KRFC – The Government Services Administration (GSA) has forwarded documents associated with the award of this capital project. With the KIB email issues today, these documents are in the que for email delivery and will be completed tomorrow. Bulldozer Procurement – Dozer rebuild continues. Service Area Contracts –Contract development are required for renewal and implementation. Landfill – Three more blasting events will occur early next week. That will conclude the blasting for this year. Rock processing will continue. Leachate Treatment Plant - Under slab piping has been installed and electrical conduit is installed and inspected. Contractor is placing rebar for Monday inspection and concrete pour as weather allows. Staff is preparing the documents for the request of low interest loans from the ADEC State Revolving Loan Questionnaire. This request will be for 4.45 million dollars. Larsen Bay School Property – The Larsen Bay Tribal Council has requested a single word change to the document which will be competed tomorrow. A discussion was held today regarding repair items that were not able to be completed due to travel restrictions and contractor availability. I am recommending that the disposal proceed, and I will work with Larsen Bay to complete specific repairs to the heating and fire suppression system that were identified prior to the disposal discussions. The cost is estimated at less than $5000.00 for all the repairs. Karluk School Property – A discussion was held today with the Alaska Department of Environmental Conservation, Contaminated Sites Section. Due to the extensive amount of contamination, the depth of contaminated soils and the lack of ground water testing the site will, likely require an Environmental Covenant be assigned to the parcel. There has been an incomplete ground water investigation and the installation of monitoring wells and periodic monitoring may be required at the property. A meeting has been proposed for the first week of November after the ADEC staff member discusses the case with her superiors. At this point if the assembly wishes to completely shut down and close the school facility direction should be provided to the staff. List of Pending Items for Discussion Bayside Classroom Addition Disposition of Closed School Facilities – Allowable Scope for Current Staff OSHA Voluntary Compliance Visit – Rescheduled for October Continued update of the Personnel Manual ARPA Funding Reporting is continuing. Grant Application and Local Match Funding – Approval for application prior to expending staff time. Leases – Teen Court, Red Cross, Fairgrounds, KISA, Chiniak Library, Long Term Care Major Maintenance Funding for Facilities Disposition of Mental Health Buildings – Information provided to the assembly Solid Waste Collection Contract Modifications Service Area Contracts Annual Contracts Additional Methods to Reward Employees in Personnel Manual Vehicle Replacement Funding opportunities for road repairs and improvements. Meeting Type: KODIAK ISLAND BOROUGH Date: Please PRINT your name legibly Please PRINT your name legibly K ro � Nova Javier From: Hailey Thompson <haileymarit@yahoo.com> Sent: Thursday, November 3, 2022 5:04 PM To: Clerks; Nova Javier Cc: larry.ledoux@kibassembly.org; joseph.delgado@kibassembly.org; jared.griffin@kibassembly.org; geoffrey.smith@kibassembly.org; scott.smiley@kibassembly.org; james.turner@kibassembly.org Subject: Public Comment for Tonights Assembly Meeting - 11/3/22 Name Change Support - Baranof Park/Ice Rink Project Cama'i Borough Assembly Members and Assembly Mayor, My name is Hailey Thompson and I would like to make a public comment to bring awareness to a project that is going on in our community. I apologize I could not make it to tonights meeting, I thought emailing in a public comment was the next best thing. As you all may know the Friends of Baranof Park Ice Rink project is taking place and currently progressing with anticipation to be complete of Fall/Winter 2023. There is a strong group of of Sugpiaq/Alutiiq language and cultural advocates in our community that are concerned with the continuation of the Baranof Park name. We believe continuing to use the name Baranof , an aggressive Russian colonizer, does not accurately reflect our Kodiak community. I, myself, and this group of people, believe this is a great opportunity to update the ice rink building / park with a more fitting and appropriate name that correctly reflects our close knit community and does not emphasize an individual who caused immense trauma and grief for our indigenous ancestors. Much of that trauma and grief we still unpack today. We have approached Corey Gronn, Director of City of Parks and Rec. and who is a key contact for the Friends of Baranof Park Ice Rink Project and we were directed to bring our concern to the City of Kodiak Mayor and City Council... We would also like to bring this concern to the City of Kodiak Borough Assembly. Our group will be moving forward with a formal ask for reconsideration of the Baranof name following approval from our committee. We ask that you help bring awareness to this situation and consider supporting us in our approach to renaming the Baranof Ice Rink before its fancy new building and sign get constructed. We would like to make it clear that we are not asking for any pause or disruption in the project, as we think it is a very beneficial addition to our Kodiak community, but we are asking for a reconsideration on a more appropriate name. A name that our children and youth will recognize and associate with a kind and positive thought. I think we can all agree that Kodiak needs a little more of that. While it may be a little pre -mature in asking for support prior to our group publicly announcing their support for a name change and drafting a letter, please note that this is of an urgent matter and needs to be a timely fight. Construction on the building is fast approaching and it will be too late for a name change after a matter of time. We hope to approach the borough and city with a formal letter by the of the year. Even if our committee decides to not address this name change officially, there are a large group of us Sugpaiq/ Alutiiq people , myself included, that will be moving forward in encouraging the ice rink project, mayor, city and borough officials to pick a better name. I encourage anyone who does not know the story behind Aleksandr A. Baranov/Baranof to please reach out to me or the The Alutiiq Museum or The Kodiak History Museum to learn more. Quyanaa and thank you for taking the time to read this tonight. We appreciate your help in making our home a more inviting , welcoming and kinder place to live in. I can be reached at haileymarit@yahoo.com or (907)5397577 if any further clarification needs to be addressed. Hailey Thompson 907-539-7577 haileymarit@yahoo.com Nova Javier From: Hailey Thompson <haileymarit@yahoo.com> Sent: Thursday, November 3, 2022 5:04 PM To: Clerks; Nova Javier Cc: larry.ledoux@kibassembly.org; joseph.delgado@kibassembly.org; jared.griffin@kibassembly.org; geoffrey.smith@kibassembly.org; scott.smiley@kibassembly.org; james.turner@kibassembly.org Subject: Public Comment for Tonights Assembly Meeting - 11/3/22 Name Change Support - Baranof Park/ice Rink Project Cama'i Borough Assembly Members and Assembly Mayor, My name is Hailey Thompson and I would like to make a public comment to bring awareness to a project that is going on in our community. I apologize I could not make it to tonights meeting, I thought emailing in a public comment was the next best thing. As you all may know the Friends of Baranof Park Ice Rink project is taking place and currently progressing with anticipation to be complete of Fall/Winter 2023. There is a strong group of of Sugpiaq/Alutiiq language and cultural advocates in our community that are concerned with the continuation of the Baranof Park name. We believe continuing to use the name Baranof , an aggressive Russian colonizer, does not accurately reflect our Kodiak community. I, myself, and this group of people, believe this is a great opportunity to update the ice rink building / park with a more fitting and appropriate name that correctly reflects our close knit community and does not emphasize an individual who caused immense trauma and grief for our indigenous ancestors. Much of that trauma and grief we still unpack today. We have approached Corey Gronn, Director of City of Parks and Rec. and who is a key contact for the Friends of Baranof Park Ice Rink Project and we were directed to bring our concern to the City of Kodiak Mayor and City Council... We would also like to bring this concern to the City of Kodiak Borough Assembly. Our group will be moving forward with a formal ask for reconsideration of the Baranof name following approval from our committee. We ask that you help bring awareness to this situation and consider supporting us in our approach to renaming the Baranof Ice Rink before its fancy new building and sign get constructed. We would like to make it clear that we are not asking for any pause or disruption in the project, as we think it is a very beneficial addition to our Kodiak community, but we are asking for a reconsideration on a more appropriate name. A name that our children and youth will recognize and associate with a kind and positive thought. I think we can all agree that Kodiak needs a little more of that. While it may be a little pre -mature in asking for support prior to our group publicly announcing their support for a name change and drafting a letter, please note that this is of an urgent matter and needs to be a timely fight. Construction on the building is fast approaching and it will be too late for a name change after a matter of time. We hope to approach the borough and city with a formal letter by the of the year. Even if our committee decides to not address this name change officially, there are a large group of us Sugpaiq/ Alutiiq people , myself included, that will be moving forward in encouraging the ice rink project, mayor, city and borough officials to pick a better name. I encourage anyone who does not know the story behind Aleksandr A. Baranov/Baranof to please reach out to me or the The Alutiiq Museum or The Kodiak History Museum to learn more. Quyanaa and thank you for taking the time to read this tonight. We appreciate your help in making our home a more inviting , welcoming and kinder place to live in_ I can be reached at haileymarit@yahoo.com or (907)5397577 if any further clarification needs to be addressed. Hailey Thompson 907-539-7577 haileymarit@yahoo.com KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET l.:/ Regular I- Special Date: l O' Convened: Recessed: Reconvened: Adjourned: BY: SECOND: Mr. Delgado BY: /5 / SECONDS 1� oue BY: (;S SECOND rk BY: � SECOND: 1�. d 2 BY: SECON `kI9 ,J �V Mr. Delgado YES 'NO Mr. Delgado YES NO. Mr. Delgado YE Mr. Delgado Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin v' Mr. Griffin Mr. Ledoux Mr_ Ledoux Mr. Ledoux Mr. Ledoux Mr. Ledoux Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smith Mr. Smith Mr. Smith Mr. Smith V Mr. Smith Mr. Turner Mr. Turner * -"Tii nl a Mr. Turner Mr. Turner -.!WO TOTAL: LD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR TOTAL: TOTAL: TOTAL: VOTE TOTAL: The mayor may gof vote except in the case where only six members of the assembly are present and there is a threelthree tie vote of the assembly. Mayor Williams I V Mayor Williams Mayor Williams Mayor Williams Mayor Williams • Motions required for 213 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question • Majority vote is majority of the membership (quorum). Point of Order and Recess. KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET loci Regular J Special Date: Convened: BY: SECOND Recessed: BY: 15c) SECOND: �cl Reconvened: BY: l5 SECOND:C-, Adjourned: BY: SECOND: BY: SECOND: OULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE? TOTAL: O TOTAL: —7WTOTAL: U I TOTAL:177 TOTAL: 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 Williams Mayor Williams I I I Mayor Williams Mayor Williams Mayor William—s7- Recessed: illiams • Motions required for 213 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question • Majority vote is majority of the membership (quorum). Point of Order and Recess. NO YES NO YES NO YES NO Mr. Delgado Mr. Delgado f Mr. Delgado ✓ Mr. Delgado Mr. Delgado Mr. Griffin 7V Mr. Griffin V Mr. Griffin Mr. Griffin Mr. Griffin Mr. Ledoux Mr. Ledoux Mr. Ledoux Mr. Ledoux Mr. Ledoux Mr. Smiley ✓ Mr. Smiley 10 Mr. Smiley Mr. Smiley Mr. Smiley V Mr. Smith Mr. Smith Mr. Smith Mr. Smith �' Mr. Smith Mr. Turner t Mr. Turner S Mr. Turner , / Mr. Turner t Mr. Turner OULD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE? TOTAL: O TOTAL: —7WTOTAL: U I TOTAL:177 TOTAL: 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 Williams Mayor Williams I I I Mayor Williams Mayor Williams Mayor William—s7- Recessed: illiams • Motions required for 213 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question • Majority vote is majority of the membership (quorum). Point of Order and Recess. Regular VSpecial Convened: KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Recessed: Reconvened: + Date:t( Adjourned: [a] BY: 51; SECOND: BY: SECOND:SECOND: BY: C7 ` BY: e75 SECOND-"I-f'SECOND: BY: YES N Mr. Delgadox, VV Mr. Delgado Mr. Delgado Mr. Delgado Mr. Delgado Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin �► Mr. Ledoux V Mr. Ledoux Mr. Ledoux Mr. Ledoux Mr. Ledoux Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley .4, V4 Mr. Smith V Mr. Smith Mr. Smith Mr. Smith Mr. Smith V Mr. Turner Mr. Tumer Mr. Turner Mr. Turner Mr. Turner OILD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE?. TOTAL: TOTAL: I TOTAL: TOTAL: 10 1 TOTAL: 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 Williams Mayor Williams Mayor Williams Mayor Williams Mayor Wiiliams • Motions required for 213 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question • Majority vote is majority of the membership (quorum). Point of Order and Recess. Regular V/ Special Convened: BY: C-� Y j, SECOND•. J KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Recessed: Reconvened: PY: 01 � '? • Zr BY: SECOND: !(� SECOND: BY: SECOND: Date: 1 + Adjourned: ' Z,- 2 4� BY: SECOND: Mr. Delgado •" Mr. Delgado Mr. Delgado Mr. Delgado Mr. Delgado Mr. Griffin VZ Mr. Griffin Mr. Griffin Mr. Griffin Mr. Griffin Mr. Ledo u Mr. Ledoux Mr. Ledoux Mr. Ledoux Mr. Ledoux Mr. Smile V Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smiley Mr. Smith Mr. Smith Mr. Smith Mr. Smith Mr. Smith Mr. Tumek Mr. Turner Mr. Turner Mr. Turner Mr. Turner OILD ANYONE LIKE TO CHANGE THEIR VOTE? WOULD ANYONE LIKE TO CHANGE THEIR VOTE?' TOTAL: TOTAL: v TOTAL: TOTAL: TOTAL: 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 Williams Mayor Williams Mayor Williams Mayor Williams Mayor Williams • Motions required for 213 vote to carry. 7 present requires 5; 6 present requires 4; 5 present requires 4; 4 present requires 3 Reconsideration on the same day, suspension of rules, limit of extend debate, previous question • Majority vote is majority of the membership (quorum). Point of Order and Recess. View our website: www.kodiakak.us Visit our Facebook page: www.facebook.com/KodiakIslandBorough Follow us on Twitter: @KodiakBorough Kodiak Island Borough Assembly Newsletter Vol. FY2023, No. 16 November 04, 2022 At Its Regular Meeting Of November 3, 2022, The Kodiak Island Borough Assembly Took The Following Actions . The Next Regular Meeting Of The Borough Assembly Is Scheduled On November 17, 2022, At 6:30 P.M. In The Borough Assembly Chambers. ADOPTED Ordinance No. FY2023-02A An Ordinance Of The Assembly Of The Kodiak Island Borough Amending Ordinance No. FY2023-02, Fiscal Year 2023 Budget, By Amending Budgets To Account For Various Revenues That Are Over Budget, Providing For Additional Expenditures, And Moving Funds Between Projects ADOPTED Ordinance No. FY2023-11 Determining That It Is In The Borough's Best Interests To Lease The Property At 717 E. Rezanof Drive Pursuant To A Competitive Request For Proposals Process Which Waives Certain Disposal Procedures ELECTED Assembly Member Smiley As The 2022-2023 Borough Assembly Deputy Presiding Officer AUTHORIZED The Borough Interim Manager, Dave Conrad To Execute Contract No. FY2023-21 Carpet Replacement For The Main Floor Of NOAA Offices And Common Spaces In The KFRC Facility As Described In The Statement Of Work To Eastside Carpet Company Of Anchorage, Alaska AUTHORIZED The Borough Interim Manager, Dave Conrad To Execute Contract No. FY2023-27 Completion Of The Peterson HVAC And Roof Replacement Project With Jensen Yorba Wall AUTHORIZED The Borough Interim Manager, Dave Conrad To Execute Contract No. FY2023-28 Bid To Rebel Stike, LLC. For The Bayside Fire Response Vehicle Procurement In The Amount Of $247,264 ADOPTED Resolution No. FY2022-15A Amending Resolution No. FY2022-15, A Resolution Of The Assembly Of The Kodiak Island Borough Approving The Annual 2022 Borough Calendar ADOPTED Resolution No. FY2023-16 Approving The Assembly Meeting Calendar For The Year 2023 ADVANCED Ordinance No. FY2023-10 Determining That It Is In The Borough’s Best Interests To Dispose Of The Larsen Bay School Property Located At 502 Third Street In Larsen Bay By Conveyance To The Village Of Larsen Bay With Conditions To Accommodate A Future School Location To Public Hearing At The Next Regular Me eting Of The Assembly On November 17, 2022 CONVENED Into Executive Session Under The Authority Of KIBC 2.30.030(F)(1)(C) For The Purpose Of Discussing The Qualifications Of David Conrad To Serve As Borough Manager , Which Is A Matter Which May Tend To Prejudice The Reputation Or Character Of A Person, David Conrad, Who Has Been Notified Of The Potential Executive Session. INVITED The Mayor, Assembly Members, And Interim Manager David Conrad Into Executive Session. ANNOUNCED That The Assembly Wishes To Negotiate A Contract With David Conrad For The Borough Manager Position As A Result Of The Executive Session CONVENED Into Executive Session To Discuss The Terms Upon Which To Extend An Offer Of Employment To A Potential Borough Manger. This Matter Qualified For Executive Session Under The Authority Of KIBC 2.30.030(F)(1)(B) As A Matter The Immediate Public Knowledge Of Which Would Tend To Affect Adversely The Finances Of The Borough. INVITED The Mayor, Assembly Members, And Interim Manager David Conrad Into Executive Session. DIRECTED Mayor Williams And Deputy Presiding Officer Smiley To Negotiate The Borough Manager Contract With David Conrad As A Result Of The Executive Session